AMBER Alert Law - Locate and Protect Children

The purpose of this Law is to activate an early warning alert for the search, location, and immediate protection of children and adolescents under eighteen (18) years of age who have disappeared, been abducted, taken, or kidnapped.

In the application of this Law, the following Principles must be taken into account:

• 1)

  Best Interest of the Child. In accordance with this principle, in all actions that allow for the prompt search, location, recovery, and protection of a child or adolescent who has disappeared, been abducted, taken, or kidnapped, one must act in accordance with the protection of the best interest of the child.

• 2)

  Promptness. In accordance with this principle, the actions of search, location, and protection of a disappeared, abducted, taken, or kidnapped child or adolescent must be carried out in an urgent, priority, and immediate manner to ensure their life, integrity, and protection; and.

• 3)

  Gratuity. In accordance with this principle, the entire alarm system must be financed by the organizational and financial structure of the State.

The AMBER Early Warning System is a set of coordinated and articulated actions among institutions that make it possible to expedite and achieve the search, location, and protection of a child or adolescent who has disappeared, been abducted, taken, or kidnapped.

The activation of the AMBER alert is the responsibility of the Ministry of State in the Office of Security, through a specialized unit, in order to alert the public and the general community about the disappearance or kidnapping of a child or adolescent under eighteen (18) years of age, and it is the primary institution responsible for operating the plan and determining whether or not to issue the alert.

The AMBER alert must be activated by the Ministry of State in the Office of Security, in collaboration with public institutions, including municipal institutions that can participate and support the search and location of the disappeared, abducted, taken, or kidnapped child or adolescent. Likewise, the support of Civil Society organizations, Non-Governmental Organizations (NGOs), the private sector, and the media can be coordinated.

To issue an AMBER alert, the following requirements must be met:

• 1)

  That the victim who has been abducted, disappeared, taken, or kidnapped be a minor under eighteen (18) years of age;

• 2)

  That there be reasonable indications of the disappearance;

• 3)

  That sufficient information about the disappeared, abducted, taken, or kidnapped person be available so that the request for public cooperation can yield some positive or unequivocal result; and,

• 4)

  That there be consent for the issuance of the alert from the person who has parental authority or legal guardianship of the child, who has disappeared, been abducted, taken, or kidnapped, and in the absence of such person, from a relative within the fourth degree of consanguinity or second degree of affinity.

The AMBER Alert must be issued from the moment notice is received of the disappearance, abduction, taking, or kidnapping; the period of duration of the dissemination thereof cannot be less than five (5) hours and a maximum of twenty-four (24) hours in duration. Exceptionally, if it is necessary to extend beyond twenty-four (24) hours, a new alert must be issued including additional information, if applicable; the dissemination area may be local, national, or international.

After a distinctive sound, the alert must be read as follows: "THIS IS AN AMBER ALERT FOR A MISSING/KIDNAPPED MINOR"; It must contain the following information:

• 1)

  Day, time, and place where the disappearance or kidnapping is presumed to have occurred;

• 2)

  Name, age, and sex of the victim;

• 3)

  Current photo of the child;

• 4)

  Physical description of the child: height, weight, hair and eye color, scars or birthmarks, or other characteristics that serve to identify them;

• 5)

  Description of the clothing the child was last seen wearing;

• 6)

  If a vehicle was used in the incident, the description of the model, make, color, and license plate;

• 7)

  Description of the suspect;

• 8)

  Call the attention of all parents and all persons in the area where the incident occurred to report it to the authorities; and.

• 9)

  Any other data of importance or relevance. The alert must include the 911 telephone number for receiving citizen collaboration calls or other appropriate channels to receive information related to the clarification of the case. Likewise, if deemed appropriate, it may contain a phrase warning citizens of the possible danger of the situation in case of direct contact with the suspect, advising that any information available be provided to the authorities. The alert message may be updated based on the evolution of the information received by the specialized unit of the Ministry of State in the Office of Security.

The AMBER alert message must be disseminated as soon as possible and repeated frequently by television channels and radio stations, as well as through social networks, web pages, electronic billboards, cell phones, etc. The Ministry of State in the Office of Security is responsible for coordinating the publication, in the official and government media, of videos, photographs, composite sketches, and other similar mechanisms to identify disappeared, abducted, taken, or kidnapped children or adolescents. State-owned media must participate in a mandatory and immediate manner in the dissemination of the AMBER alert. Additionally, it must take the necessary steps to place electronic signs or billboards on public roads, destined primarily for the issuance of these alerts; likewise, it must establish electronic billboards at the entrances of the main airports, ports, and bus terminals in order to disseminate the alert. For the use of social networks, the Ministry of State in the Office of Security must establish official AMBER Alert Honduras accounts, through the creation of a Web Page, as well as official accounts on social networks such as Facebook, Twitter, Instagram, and others; and the creation of the AMBER Mobile Alert application, so that society can download it on their mobile devices or any other similar device.

The AMBER alert must be deactivated by the Ministry of State in the Office of Security, in any of the following cases:

• 1)

  Because the disappeared, abducted, taken, or kidnapped person has already been located;

• 2)

  When, as a result of an alert, the victim is placed in a greater risk situation;

• 3)

  When there is sufficient evidence that the life of the disappeared person is not in danger;

• 4)

  When, due to the passage of time, other investigative resources must be implemented. Generally, after twenty-four (24) or forty-eight (48) hours in exceptional cases, the alert must be deactivated, without this signifying the termination of the search for the child or adolescent; and,

• 5)

  Once the alert has been deactivated, the National Telecommunications Commission (CONATEL) must communicate to the media that it has already been deactivated.

The National Coordinating Commission of the AMBER Early Warning System is created, with the purpose of coordinating, promoting, and executing policies aimed at the search, location, recovery, and immediate protection of a child or adolescent who has disappeared, been abducted, taken, or kidnapped.

The National Coordinating Commission of the AMBER Early Warning System is composed of representatives from each of the following institutions:

• 1)

  Ministry of State in the Office of Security, through a specialized unit;

• 2)

  Public Ministry, through the Special Prosecutor's Office for Children;

• 3)

  General Directorate of Migration and Foreigners;

• 4)

  National Directorate of Childhood, Adolescence and Family (DINAF);

• 5)

  International Criminal Police Organization (INTERPOL);

• 6)

  National Telecommunications Commission (CONATEL);

• 7)

  Association of Municipalities of Honduras (AMHON);

• 8)

  National Congress, through the Legislative Commissions in charge of childhood and adolescence;

• 9)

  Two (2) representatives of Non-Governmental Organizations (NGOs) accredited and designated by the Ministry of State in the Offices of Human Rights, Justice, Governance and Decentralization that work in matters of childhood and adolescence;

• 10)

  One (1) representative of the Private Sector; and,

• 11)

  One (1) representative of the Association of Communication Media of Honduras; and,

• 12)

  One (

  • 1)

    representative of the National Commissioner of Human Rights (CONADEH). By simple majority, a Board of Directors shall be elected, which has a duration of two (

  • 2)

    years. The Commission must meet two (2) times per year in an Ordinary manner and may meet in an Extraordinary manner when called by representatives of at least three (

  • 3)

    of the member institutions. The representatives of the institutions that make up the Commission perform their duties ad honorem.

The Ministry of State in the Office of Security shall maintain a registry of children who have disappeared, been abducted, or taken in the national territory, with the purpose of assisting families in locating their children or wards; likewise, it must register the actions that are carried out at the local, national, and multilateral level.

The National Coordinating Commission of the AMBER Early Warning System must issue the regulations and narrative necessary to comply with this Law.

For the purposes provided in this Law, the Ministries of State linked to its application must provide in their Annual Operating Plan and budget the budgetary funds necessary to make viable the implementation of the AMBER Alert System in those matters under their jurisdiction.

EFFECTIVE DATE. This Law shall take effect from the day of its publication in the Official Gazette "LA GACETA". Done in the city of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the twenty-second day of the month of October of two thousand fifteen. MAURICIO OLIVA HERRERA PRESIDENT MARIO ALONSO PÉREZ LÓPEZ SECRETARY JOSÉ TOMÁS ZAMBRANO MOLINA SECRETARY To the Executive Branch For Which Purpose: It shall be executed. Tegucigalpa, M.D.C., January 19, 2016. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICE OF SECURITY JULIÁN PACHECO Legislative Branch DECREE No. 124-2015 THE NATIONAL CONGRESS, CONSIDERING: That the Constitution of the Republic declares that "HONDURAS IS A STATE OF LAW", furthermore in which are established among other things the processes of formation, enactment and promulgation of laws. CONSIDERING: That by means of Decree No. 363-2013 dated January 20 of the year 2014, the Organic Law of the Legislative Branch was approved, whose numeral 4) Article 41, attributes to the Legislative Management "Organize the study of the law of parliamentary practice" and then numeral 8) "Coordinate the study, updating and coordination of legal contents to facilitate knowledge of current legislation". CONSIDERING: That to evidence the function of the National Congress as a generator of Law, it is impossible to take action to establish the index of national laws and a System of Search and References based on legal security and certainty that contribute to strengthen and purify the legislative function and likewise to generate confidence in the application and compliance of laws. CONSIDERING: That it is within the authority of the National Congress to create, decree, interpret, reform and repeal laws.