BILL NUMBER: SB 1047	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Alquist

                        FEBRUARY 7, 2012

   An act to add Section 8594.10 to the Government Code, relating to
emergency services.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1047, as introduced, Alquist. Emergency services: missing
person: Endangered Missing Advisory.
   Existing law authorizes use of the Emergency Alert System to
inform the public of local, state, and national emergencies. Existing
law requires a law enforcement agency to activate the Emergency
Alert System within the appropriate area if that 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 that person.
   This bill would require that if a person is reported missing to a
law enforcement agency, and that agency determines that certain
requirements are met, including, among others, that the circumstances
surrounding the person's disappearance would not qualify for
activation of the Emergency Alert System as described above, the law
enforcement agency shall request the California Highway Patrol to
activate an Endangered Missing Advisory. The bill would require the
Endangered Missing Advisory to be called a Silver Alert if the
missing individual is 65 years of age or older. The bill would
require the California Highway Patrol to, upon activation of an
Endangered Missing Advisory, take certain actions to assist the
agency investigating the disappearance.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 8594.10 is added to the Government Code, to
read:
   8594.10.  (a) (1) If a person is reported missing to a law
enforcement agency, and that agency determines that the requirements
of subdivision (b) are met, that law enforcement agency shall request
the California Highway Patrol to activate an Endangered Missing
Advisory. The California Highway Patrol shall activate an Endangered
Missing Advisory if requested. An Endangered Missing Advisory is a
voluntary cooperation between local, state, and other law
enforcement, state government agencies, radio, television, and cable
and satellite systems to enhance the public's ability to assist in
recovering endangered missing persons.
   (2) Upon activation of an Endangered Missing Advisory, the
California Highway Patrol shall assist the law enforcement agency
that is investigating the crime by issuing be-on-the lookouts, an
Emergency Information Service message, or a Critical Reach flyer. The
California Highway Patrol may also notify, if appropriate, the
United States or Mexican border officials, and the National Center
for Missing and Exploited Children, and any additional notifications
that the California Highway Patrol deems necessary.
   (3) In accordance with the recommendation contained in the United
States Department of Justice Endangered Missing Advisory Guide that a
unique title be adopted, an Endangered Missing Advisory shall be
called a "Silver Alert" if the missing person is 65 years of age or
older.
   (b) A law enforcement agency may request that an Endangered
Missing Advisory to be activated if that agency determines that all
of the following conditions are met in regard to the missing person:
   (1) The circumstances surrounding the person's disappearance would
not qualify for an AMBER Alert pursuant to Section 8594.
   (2) The law enforcement agency determines that the person has gone
missing under unexplained or suspicious circumstances.
   (3) The law enforcement agency believes that the person is in
danger because of age, health, mental or physical disability,
environment or weather conditions, that the person is in the company
of a potentially dangerous person, or that there are other factors
indicating that the person may be in peril.
   (4) There is information available that, if disseminated to the
public, could assist in the safe recovery of the missing person.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.