BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 839
                                                                  Page  1


          SENATE THIRD READING
          SB 839 (Runner)
          As Amended  June 14, 2010
          Majority vote 

           SENATE VOTE  :36-0  
           
           PUBLIC SAFETY       6-0         APPROPRIATIONS      17-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Ammiano, Hagman, Beall,   |Ayes:|Fuentes, Conway,          |
          |     |Gilmore, Hill, Portantino |     |Bradford,                 |
          |     |                          |     |Charles Calderon, Coto,   |
          |     |                          |     |Davis, De Leon, Gatto,    |
          |     |                          |     |Hall, Harkey, Miller,     |
          |     |                          |     |Nielsen, Norby, Skinner,  |
          |     |                          |     |Solorio, Torlakson,       |
          |     |                          |     |Torrico                   |
           ----------------------------------------------------------------- 

           SUMMARY  :   Requires the California Highway Patrol (CHP), at the  
          request of an authorized person at a law enforcement agency, to  
          activate the Emergency Alert System (EAS) and issue a "blue  
          alert", as defined, if a law enforcement officer has been  
          killed, suffers serious bodily injury, or is assaulted with a  
          deadly weapon, the suspect has fled the scene of the offense,  
          and other specified conditions are met.  Specifically,  this  
          bill  :   

          1)Defines "blue alert" as a quick response system designed to  
            issue and coordinate alerts following an attack upon a law  
            enforcement officer, as specified. 

          2)Provides that in addition to the circumstances described under  
            existing law, upon the request of an authorized person at a  
            law enforcement agency that is investigating an offense, the  
            CHP shall activate the EAS and issue a blue alert if all of  
            the following conditions are met:

             a)   A law enforcement officer has been killed, suffers  
               serious bodily injury, or is assaulted with a deadly  
               weapon, and the suspect has fled the scene of the offense;

             b)   A law enforcement agency investigating the offense has  








                                                                  SB 839
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               determined that the suspect poses an imminent threat to the  
               public or other law enforcement personnel;

             c)   A detailed description of the suspect's vehicle or  
               license plate is available for broadcast;

             d)   Public dissemination of available information may help  
               avert further harm or accelerate apprehension of the  
               suspect; and,

             e)   The CHP has been designated to use the federally  
               authorized EAS for the issuance of blue alerts.

          3)Provides that the blue alert system incorporates a variety of  
            notification resources and developing technologies that may be  
            tailored to the circumstances and geography of the underlying  
            attack.  The blue alert system shall utilize the  
            state-controlled Emergency Digital Information System (EDIS),  
            local digital signs, focused text, or other technologies, as  
            appropriate, in addition to the federal EAS, if authorized and  
            under conditions permitted by the Federal Government. 

          4)Directs, on or before December 31, 2011, the CHP to augment  
            the CHP's public Internet Web site to include a blue alert  
            link that describes the blue alert process, objectives, and  
            available quick responses.  The Internet Web site shall  
            explain that the term "blue alert" will communicate that a law  
            enforcement officer has been attacked or killed and that the  
            scope of an alert will be tailored to the circumstances of the  
            offense and available technologies.

           FISCAL EFFECT  :   According to the Assembly Appropriations  
          Committee analysis, minor, if any, new state costs for blue  
          alerts.  According to the CHP, the process prescribed by this  
          bill is current practice.  In essence, this bill creates a name  
          - "blue alert" - for current practice.

          According to the CHP, there have been two blue alerts in the  
          past five years.  Based on Amber Alert experience, the average  
          cost of an alert is about $45,000.

           COMMENTS  :   According to the author of this bill, "SB 839 would  
          allow the CHP to issue a Blue Alert, which is a quick response  
          system designed to issue and coordinate alerts following an  








                                                                  SB 839
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          attack upon a law enforcement officer if the following  
          conditions are met: 

          1)"A law enforcement officer has been killed, suffers serious  
            bodily injury, or is assaulted with a deadly weapon, and the  
            suspect has fled the scene of the offense; 

          2)"A law enforcement agency investigating the offense has  
            determined that the suspect poses an imminent threat to the  
            public or other law enforcement personnel;

          3)"A detailed description of the suspect's vehicle or license  
            plate is available for broadcast;

          4)"Public dissemination of available information may help avert  
            further harm or accelerate apprehension of the suspect; and,

          5)"The CHP has been designated to use the federally authorized  
            EAS for the issuance of 'blue alerts.' 

          "Additionally, the Blue Alert response system shall employ the  
          broad-based EAS - after the federal government has established a  
          Blue Alert code - as well as EDIS, local digital signs, focused  
          cell phone text alerts, and all other appropriate technologies.

          "The proposed Blue Alert would serve the same function as the  
          highly successful AMBER Alert, namely, it would quickly and  
          effectively get many pairs of eyes looking for a criminal who  
          kills or assaults a law enforcement officer.

          "It is common for law enforcement personnel at these crime  
          scenes to have some information about these violent individuals,  
          including a general description or a partial license plate  
          number, which emphasizes the need to use California's existing  
          emergency alert system to allow the public to partner with law  
          enforcement officials in the hunt for criminals who are clearly  
          a threat to society.

          "As the AMBER Alert system has demonstrated time and again  
          throughout the United States, a quick response is vital. 
          
          "Currently, Texas is the only state using Blue Alerts.   
          Okalahoma has legislation ready to be introduced.









                                                                  SB 839
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          "Allowing the CHP to employ the broad-based EAS - after the  
          federal government has established a Blue Alert code - as well  
          as EDIS, local digital signs, focused cell phone text alerts, or  
          other appropriate technologies to activate a Blue Alert will  
          ensure that its rare use is an efficient and cost-effective way  
          to bring together the necessary resources to assist in quickly  
          locating cop killers who often flee the scene of the crime in a  
          vehicle, as evidenced by the number of multiple officers killed  
          in Oakland and Seattle last year."

          Please see the policy committee for a full discussion of this  
          bill.


           Analysis Prepared by  :    Nicole J. Hanson / PUB. S. / (916)  
          319-3744 


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