BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   SB 839|
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                              UNFINISHED BUSINESS


          Bill No:  SB 839
          Author:   Runner (R), et al
          Amended:  6/14/10
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  7-0, 3/23/10
          AYES:  Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,  
            Wright

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           SENATE FLOOR  :  36-0, 4/15/10
          AYES:  Aanestad, Alquist, Ashburn, Calderon, Cedillo,  
            Cogdill, Corbett, Correa, Cox, DeSaulnier, Dutton,  
            Florez, Hancock, Harman, Hollingsworth, Huff, Kehoe,  
            Leno, Liu, Lowenthal, Maldonado, Negrete McLeod, Oropeza,  
            Padilla, Pavley, Price, Romero, Runner, Simitian,  
            Steinberg, Strickland, Walters, Wolk, Wright, Wyland, Yee
          NO VOTE RECORDED:  Denham, Ducheny, Wiggins, Vacancy

           ASSEMBLY FLOOR  :  75-0, 8/16/10 - See last page for vote


           SUBJECT  :    Emergency services:  blue alert system

            SOURCE  :     Association for Los Angeles Deputy Sheriff
                      California Association of Highway Patrolmen
                      California Broadcasters Association
                      California State Sheriffs Association
                      Peace Officers Research Association of  
                      California

                                                           CONTINUED





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           DIGEST  :    This bill creates a blue alert system similar to  
          the Amber Alert system to notify the public when a law  
          enforcement officer has been attacked, as specified.

           Assembly Amendments  clarify what is incorporated within the  
          Blue Alert System relative to notification resources and  
          capabilities.

           ANALYSIS  :    Existing law, commonly known as "Amber Alert,"  
          provides that if an abduction has been reported to a law  
          enforcement agency and the agency determines that a child  
          17 years of age or younger, or an individual with a proven  
          mental or physical disability, has been abducted and is in  
          imminent danger of serious bodily injury or death and there  
          is information available that, if disseminated to the  
          general public, could assist in the safe recovery of the  
          victim, the agency, shall request the activation of the  
          Emergency Alert System within the appropriate local area.   
          (Section 8594(a) of the Government Code)

          Existing law provides that the Department of the California  
          Highway Patrol (CHP) in consultation with the Department of  
          Justice (DOJ) as well as a representative from the  
          California State Sheriffs' Association, the California  
          Police Chiefs' Association and the California Peace  
          Officers' Association shall develop policies and procedures  
          providing instruction specifying how law enforcement  
          agencies, broadcasters participating in the Emergency Alert  
          System, and where appropriate, other supplemental warning  
          systems, shall proceed after a qualifying abduction has  
          been reported to a law enforcement agency.  (Section  
          8594(b) of the Government Code )

          This bill establishes a "Blue Alert" system of public  
          notification relating to emergencies endangering law  
          enforcement officers modeled after Amber Alert, with the  
          following specific features:

          1. "Blue alert" will be defined to mean "a quick response  
             system designed to issue and coordinate alerts following  
             an attack upon a law enforcement officer," as specified.

          2. Upon the request of an authorized person at a law  







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             enforcement agency that is investigating an attack upon  
             a law enforcement officer, the CHP would be required to  
             activate the Emergency Alert System 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 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.

             E.    The CHP has been designated to use the federally  
                authorized Emergency Alert System for the issuance of  
                blue alerts.

          This bill 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, local digital signs, focused text, or  
          other technologies, as appropriate, in addition to the  
          federal Emergency Alert System, if authorized and under  
          conditions permitted by the federal government. 

          This bill requires, on or before December 31, 2011, the CHP  
          to "augment the department'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 peace officer has been attacked or  
          killed and that the scope of an alert will be tailored to  
          the circumstances of the offense and available  







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          technologies."

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  8/17/10)

           Association for Los Angeles Deputy Sheriff (co-source)
          California Association of Highway Patrolmen (co-source)
          California Broadcasters Association (co-source)
          California State Sheriffs' Association (co-source)
          Peace Officers Research Association of California  
          (co-source)
          California Correctional Supervisors Organization
          Los Angeles Police Protective League
          Los Angeles Probation Officers' Union, AFSCME, Local 685
          Orange County Board of Supervisors
          Riverside Police Officers' Association
          Riverside Sheriffs'Association
          Taxpayers for Improving Public Safety


           ARGUMENTS IN SUPPORT  :    The author states:

            "SB 839 would allow the California Highway Patrol to  
            issue a Blue Alert, which is a quick response system  
            designed to issue and coordinate alerts following an  
            attack upon a law enforcement officer if the following  
            conditions are met: 
             
                     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; 

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

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

                     Public dissemination of available information  







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                 may help avert further harm or accelerate  
                 apprehension of the suspect; and

                     The California Highway Patrol has been  
                 designated to use the federally authorized Emergency  
                 Alert System (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 Emergency  
            Digital Information Services (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.   
            Oklahoma has legislation ready to be introduced.

            "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  







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            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."


           ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Anderson, Arambula, Beall, Bill  
            Berryhill, Tom Berryhill, Block, Blumenfield, Bradford,  
            Brownley, Buchanan, Caballero, Carter, Chesbro, Conway,  
            Cook, Coto, De La Torre, De Leon, DeVore, Eng, Evans,  
            Feuer, Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,  
            Galgiani, Garrick, Gatto, Gilmore, Hagman, Hall, Harkey,  
            Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries,  
            Jones, Knight, Lieu, Logue, Bonnie Lowenthal, Ma,  
            Mendoza, Miller, Monning, Nava, Nestande, Niello,  
            Nielsen, Norby, V. Manuel Perez, Portantino, Ruskin,  
            Salas, Saldana, Silva, Skinner, Smyth, Solorio, Audra  
            Strickland, Swanson, Torlakson, Torres, Torrico, Tran,  
            Villines, Yamada, John A. Perez
          NO VOTE RECORDED:  Bass, Blakeslee, Charles Calderon,  
            Davis, Vacancy


          RJG:mw  8/17/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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