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