BILL ANALYSIS Ó
AB 47
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 47 (Gatto)
As Amended August 19, 2014
Majority vote
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|ASSEMBLY: | |(May 28, 2013) |SENATE: |35-1 |(August 21, 2014) |
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(vote not relevant)
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|COMMITTEE VOTE: |7-0 |(August 26, 2014) |RECOMMENDATION: |concur |
|(Pub. S.) | | | | |
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Original Committee Reference: PUB. S.
SUMMARY : Authorizes a law enforcement agency to issue a "Yellow
Alert" if a person has been killed or has suffered serious bodily
injury due to a hit-and-run incident, and the law enforcement
agency has specified information regarding the suspect or the
suspect's vehicle.
The Senate Amendments delete the Assembly version of the bill, and
instead:
1)Provide that if a hit-and-run incident is reported to a law
enforcement agency and that agency determines that specified
requirements are met, the agency may request the California
Highway Patrol (CHP) to activate a Yellow Alert. If the CHP
concurs that the specified requirements are met, it shall
activate a Yellow Alert in the geographic area requested by the
investigating agency.
2)Define a "Yellow Alert" to mean a notification system activated
by the CHP, at the request of a local law enforcement agency,
designed to issue and coordinate alerts with respect to a
hit-and-run incident resulting in death or serious bodily injury
to a person.
3)Authorizes a law enforcement agency to request that a Yellow
Alert be activated if the agency determines the following
conditions are met in regard to the investigation of the
hit-and-run incident:
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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:
i) The complete license plate number of the suspect's
vehicle;
ii) A partial license plate number and the make, model, and
color of the suspect's vehicle; and,
iii) The identity of the suspect.
c) Public dissemination of available information could either
help avert further harm or accelerate the apprehension of the
suspect.
4)State that radio, television, and cable and satellite systems are
encouraged, but are not required, to cooperate with disseminating
the information contained in a Yellow Alert.
5)Require the CHP, upon activation of a Yellow Alert, to assist the
investigating law enforcement agency by issuing the Yellow Alert
via a local digital sign.
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 California Highway Patrol (CHP) in consultation
with the Department of Justice, as well as a representative from
the California State Sheriffs' Association, the California Police
Chiefs' Association and the California Police Officers'
Association shall develop policies and procedures providing
instructions specifying how law enforcement agencies,
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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
Emergency Digital Information System, (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.
AS PASSED BY THE ASSEMBLY , this bill increased the penalties for
calling the 911 telephone system with the intent to annoy or harass
another person, and service personnel are dispatched as a result of
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the phone call.
FISCAL EFFECT : According to the Senate Appropriations Committee:
1)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.
2)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 would be dependent on the volume of
hit and run accidents triggering Yellow Alert activation
requests.
3)Non-reimbursable local law enforcement costs to determine whether
to request activation of a Yellow Alert.
4)Unknown, potential indirect cost pressure on the 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
COMMENTS : This bill was substantially amended in the Senate and
the Assembly-approved provisions of this bill were deleted.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916) 319-3744
FN: 0005449