BILL NUMBER: SB 1047	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 29, 2012

INTRODUCED BY    Senator   Alquist 
 Senators   Alquist   and Correa 
    (   Principal   coauthors:  
Assembly Members   Ammiano   and Dickinson 
 ) 

                        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 amended, 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   that the missing person is 65 years of age or
older  , the law enforcement agency shall request the California
Highway Patrol to activate  an Endangered Missing Advisory
  a Silver Alert  .  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   a Silver Alert
 , take certain actions to assist the agency investigating the
disappearance.  By imposing additional duties on local law
enforcement officials, this bill would impose a state  
-mandated local program. 
   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) For purposes of this section, "Silver Alert" means a
notification system, activated pursuant to subdivision (b), designed
to issue and coordinate alerts with respect to a person who is 65
years of age or older who is reported missing.
   (b) (1) If a person is reported missing to a law enforcement
agency, and that agency determines that the requirements of
subdivision (c) are met, the agency shall request the California
Highway Patrol to activate a Silver Alert. The California Highway
Patrol shall activate a Silver Alert within the geographical area
requested by the investigating law enforcement agency.
   (2) Radio, television, and cable and satellite  systems are
encouraged to, but not required to, cooperate with disseminating the
information contained in a Silver Alert.
   (3) Upon activation of a Silver Alert, the California Highway
Patrol shall assist the investigating law enforcement agency by
issuing a be-on-the-lookout, an Emergency Digital Information Service
message, or an electronic flyer.
   (c) A law enforcement agency shall request a Silver Alert be
activated if that agency determines that all of the following
conditions are met in regard to the investigation of the missing
person:
   (1) The missing person is 65 years of age or older.
   (2) The investigating law enforcement agency has utilized all
available local resources.
   (3) The law enforcement agency determines that the person has gone
missing under unexplained or suspicious circumstances.
   (4) 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.
   (5) There is information available that, if disseminated to the
public, could assist in the safe recovery of the missing person.
   (d) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
   (e) No later then September 1, 2014, the California Highway
Patrol, consistent with Section 9795, shall prepare and submit to the
Legislature a report evaluating the Silver Alert program, that shall
address all of the following elements:
   (1) The total number of Silver Alerts requested and activated, and
the number of persons recovered as a result of a Silver Alert
activation.
   (2) Any identified costs related to implementation of the Silver
Alert program.
   (3) A recommendation as to whether this section shall be repealed
or extended.  
  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.