BILL ANALYSIS Ó SB 1047 Page 1 SENATE THIRD READING SB 1047 (Alquist and Correa) As Amended August 20, 2012 Majority vote SENATE VOTE :37-1 PUBLIC SAFETY 4-0 APPROPRIATIONS 16-0 ----------------------------------------------------------------- |Ayes:|Ammiano, Hagman, |Ayes:|Gatto, Harkey, | | |Mitchell, Skinner | |Blumenfield, Bradford, | | | | |Charles Calderon, Campos, | | | | |Davis, Fuentes, Hall, | | | | |Hill, Cedillo, Mitchell, | | | | |Nielsen, Norby, Solorio, | | | | |Wagner | ----------------------------------------------------------------- SUMMARY : Authorizes a law enforcement agency to request the California Highway Patrol (CHP) to activate a "Silver Alert" if a person 65 years of age or older is missing. Specifically, this bill : 1)Provides that if a person is reported missing to law enforcement agency, and the agency determines that specified requirements are met, the agency may request the CHP to activate a Silver Alert. If the CHP concurs that the requirements are met, it shall activate the silver Alert in the geographical area requested by the investigating law enforcement area. 2)States that a law enforcement agency may 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: a) The missing person is 65 years of age or older. b) The investigating law enforcement agency has utilized all available local resources. c) The law enforcement agency determines that that the person has gone missing under unexplained or suspicious SB 1047 Page 2 circumstances. d) 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 there are other factors indicating that the person may be in peril. e) There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person. 3)Defines a "Silver Alert" as a notification system, that can be activated as specified, and is designed to issue and coordinate alerts with respect to a person 65 years of age or older who is reported missing. 4)Requires the CHP, upon activation of a Silver Alert, to assist the investigating law enforcement agency by issuing a be-on-the-lookout, an Emergency Digital Information Service (EDIS) message, or an electronic flyer. 5)States that 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. EXISTING LAW : 1)States 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 (EAS) within the appropriate local area. 2)Provides that 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 Police Officers' Association SB 1047 Page 3 shall develop policies and procedures providing instruction specifying how law enforcement agencies, broadcasters participating in the EAS, and where appropriate, other supplemental warning systems, shall proceed after qualifying abduction has been reported to a law enforcement agency. 3)Provides that in addition to the circumstances described under existing law relating to "amber alerts," 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 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. 4)Defines a "blue alert" as a quick response system designed to issue and coordinate alerts following an attack upon a law enforcement officer, as specified. 5)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 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. FISCAL EFFECT : According to the Assembly Appropriations SB 1047 Page 4 Committee, one-time special fund costs, potentially in excess of $150,000, for CHP to develop policies and procedures regarding Silver Alerts. These costs assume informational technology enhancements, and materials. COMMENTS : According to the author, "At 4.5 million, California has the largest number of seniors, age 65 or older, in the nation, and due to the Silver Tsunami, that number is expected to double to 9 million by 2030. However, when a senior goes missing and has been determined by law enforcement to be in danger (for example, a senior with Alzheimer's Disease who has wandered away from home), California has no uniform alert system to help with recovery. Missing seniors must be found quickly, because they have a 50% greater chance of serious injury or death when they've been missing over 24 hours, due to exposure and missing much needed medications. "SB 1047 will result in quicker recovery of missing seniors. At the discretion of a local law enforcement agency, it may request that the CHP activate a Silver Alert when it has determined that a vulnerable senior, 65 years of age or older, is missing, and information is available to help find this person. "A Silver Alert shall include any or all of three alert tools: the EDIS; a 'be-on-the-lookout' notice; and an electronic flyer (for example, a 'Critical Reach' flyer). A Silver Alert would not, however, activate the EAS, which is only utilized for AMBER Alerts and Blue Alerts. "This legislation will not only establish a consistently applied protocol to recover endangered seniors quickly but will also bring public awareness to a growing need to protect an increasing number of frail and vulnerable seniors." Please see the policy committee analysis for a full discussion of this bill. Analysis Prepared by : Gregory Pagan / PUB. S. / (916) 319-3744 FN: 0005004 SB 1047 Page 5