BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 47
Author: Gatto (D)
Amended: 7/1/14 in Senate
Vote: 21
PRIOR VOTES NOT RELEVANT
SENATE PUBLIC SAFETY COMMITTEE : 6-1, 6/24/14
AYES: Hancock, De León, Knight, Liu, Mitchell, Steinberg
NOES: Anderson
SENATE APPROPRIATIONS COMMITTEE : 5-0, 8/14/14
AYES: De León, Hill, Lara, Padilla, Steinberg
NO VOTE RECORDED: Walters, Gaines
SUBJECT : Emergency services: hit-and-run incidents
SOURCE : City of Los Angeles
DIGEST : This bill creates a Yellow Alert system similar to
the Silver Alert system to notify the public when a hit and run
incident has occurred to aid in the apprehension of the suspect,
as specified.
ANALYSIS :
Existing law:
1. Provides that if a law enforcement agency determines that a
child, 17 years of age or younger, or an individual with a
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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, commonly known as the "Amber Alert."
2. Provides that 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
EAS, and where appropriate, other supplemental warning
systems, shall proceed after a qualifying abduction has been
reported to a law enforcement agency.
3. Defines "Blue Alert" to mean a quick response system
designed to issue and coordinate alerts following an attack
upon a law enforcement officer.
4. Provides that upon the request of an authorized person at a
law enforcement agency that is investigating an offense where
a law enforcement officers has been killed, suffers serious
bodily injury, or is assaulted with a deadly weapon; the
suspect has fled the scene of the offense and is determined
an imminent threat to the public or others; a detailed
description of the suspect's vehicle or license plate is
available; and public dissemination of available information
may help avert further harm or accelerate apprehension of the
suspect, then CHP shall activate the EAS and issue a Blue
Alert, as specified.
5. Provides that the Blue Alert incorporate a variety of
notification resources and developing technologies that may
be tailored to the circumstances and geography of the
underlying attacking. The Blue Alert system must utilize the
state-controlled Emergency Digital Information System (EDIS),
local digital signs, focused text, or other technologies, as
appropriate.
6. Defines "Silver Alert" to mean a notification system
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designed to issue and coordinate alerts with respect to a
person reported missing who is 65 years of age or older.
7. Provides that when a person 65 years of age or older is
reported missing under unexplained or suspicious
circumstances and the investigating law enforcement agency
determines that person is in potential danger, as specified,
the law enforcement agency must request that CHP activate a
Silver Alert if disseminating information to the public could
assist in the safe recovery of the missing person.
This bill:
1. Defines "Yellow Alert" to mean "a notification system ?
designed to issue and coordinate alerts with respect to a hit
and run incident resulting in the death or injury of a
person."
2. Authorizes an investigating law enforcement agency to
request that CHP activate a Yellow Alert if the law
enforcement agency determines that the following conditions
are met:
A. A person has been killed or has suffered serious bodily
injury due to a hit and run incident.
B. The investigating law enforcement agency has additional
information concerning the suspect or the suspect's
vehicle, including, but not limited to, any of the
following:
(1) The complete license plate number of the suspect's
vehicle.
(2) A partial license plate number and the make, model,
and color of the suspect's vehicle.
(3) The identity of the suspect.
A. Public dissemination of available information could
either help avert further harm or accelerate apprehension
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of the suspect.
1. Requires CHP, if CHP concurs that the requirements above are
met, to activate a Yellow Alert within the geographic area
requested by the investigating law enforcement agency. CHP
will issue a Yellow Alert via a be-on-the-lookout alert, an
Emergency Digital Information Service message, local digital
sign, or an electronic flyer to assist the investigating law
enforcement agency.
2. Encourages radio, television, and cable and satellite
systems to cooperate in disseminating information contained
in a Yellow Alert.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Potential one-time costs of about $100,000 (Special Fund*) to
the CHP to develop policies and procedures, provide training,
and develop resource materials for staff and law enforcement
agencies for the new alert.
Potential first-year costs of $500,000 (Special Fund*) and
ongoing costs of $340,000 to the CHP to confirm information,
as well as activate and staff Yellow Alerts upon request of
local law enforcement agencies. Costs will be dependent on
the volume of hit and run accidents triggering Yellow Alert
activation requests.
Non-reimbursable local law enforcement costs to determine
whether to request activation of a Yellow Alert.
Unknown, potential indirect cost pressure on EDIS message
system to the extent there are a significant number of Yellow
Alert activations, thereby increasing the volume of EDIS
messages generated.
*Motor Vehicle Account
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SUPPORT : (Verified 8/15/14)
City of Los Angeles (source)
AFSCME
Association of Orange County Deputy Sheriffs
Bike Bakersfield
Bike East Bay
California Bicycle Coalition
California Council of the Blind
California State Firefighters' Association
California Walks
City of Los Angeles
Coalition for Sustainable Transportation
Conor Lynch Foundation
Inland Empire Biking Alliance
L.A. Bike Trains
Los Angeles County Bicycle Coalition
Los Angles Walks
Marin County Bicycle Coalition
People Power
Sacramento Area Bicycle Advocates
Safe Routes to School National Partnership
San Diego County Bicycle Coalition
San Francisco Bicycle Coalition
San Luis Obispo County Bicycle Coalition
Shasta Living Streets
Transportation Authority of Marin
Walk and Bike Mendocino
Wolfpack Hustle
Women on Bikes Initiative
OPPOSITION : (Verified 8/15/14)
Department of Finance
ARGUMENTS IN SUPPORT : According to the author:
Hit and run accidents have risen dramatically in recent
years with law enforcement as well as biking and walking
advocates looking for ways to hold the cowards who commit
these crimes more accountable for their actions. In the
City of Los Angeles, known as the epicenter of this horrible
epidemic, L.A.P.D. Chief Charlie Beck thought that a
combination of new laws, stiffer penalties, and increased
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awareness would lead drivers to take greater responsibility
for their actions. AB 47 falls into the category of new
laws Chief Beck calls for.
The measure would create a "Yellow Alert" that would allow
local law enforcement to ask the California Highway Patrol
to access to their emergency notification systems, on a
regional level, when there is a hit and run accident only if
certain criteria are met.
This measure is based on legislation that was recently
enacted in the state of Colorado, where a rise in tragic hit
and runs, as well as the tragic hit and run death of Denver
valet Jose Medina just days before his wedding, prompted the
creation of the Medina Alert for hit and run accidents for
all of Colorado. In the period of time these alerts were
used in the city of Denver, before statewide enactment, 13
of 17 hit and runs that triggered these alerts were solved-a
nearly 76% success rate.
ARGUMENTS IN OPPOSITION : The Department of Finance states,
this bill is duplicative of current systems (e.g. BOLO "Be On
the Look Out" and APBnet") that already provide notification of
an incident, which does not necessarily have to be as a result
of death or serious injury, to assist in apprehending a
suspected hit-and run driver. The costs are unjustified for the
marginal benefit.
JG:d 8/15/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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