Amended in Senate August 15, 2013

Amended in Assembly April 10, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 535

Introduced by Assembly Member Quirk

February 20, 2013

An act to amend Section 8594 of the Government Code, relating to the Emergency Alert System.

LEGISLATIVE COUNSEL’S DIGEST

AB 535, as amended, Quirk. Emergency Alert System.

Existing law requires law enforcement agencies that are informed of the abduction of a child 17 years of age or younger, or an individual with a proven mental or physical disability, and determine the victim is in imminent danger of serious bodily injury or death, and that there is information available that, if disseminated to the general public, could assist with the safe recovery of the victim, to request, absent extenuating investigative needs, activation of the Emergency Alert System within the appropriate local area.

This bill would begin delete provide that, for purposes of activation of the Emergency Alert System, an abductor may include a custodial parent or guardian where the abducted child is in imminent danger of serious bodily injury or death end delete begin insert require a law enforcement agency to request, absent extenuating investigative needs, activation of the system when the law enforcement agency receives a report that an abduction has occurred or that a child has been taken by anyone, including a custodial parent or guardian, and makes the above end insert begin insert -described determinations end insert .

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 of the Government Code is amended
to read:

8594.  

(a) If begin delete an abduction has been reported to end delete a law
enforcement agency begin insert receives a report that an abduction has
occurred or that a child has been taken by anyone, including, but
not limited to, a custodial parent or guardian, end insert 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 begin insert or
taken end insert and begin insert the victim end insert 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, through a person authorized to activate the Emergency
Alert System, shall, absent extenuating investigative needs, request
activation of the Emergency Alert System within the appropriate
local area. begin delete Law end delete begin insert A law end insert enforcement begin delete agencies end delete begin insert agency end insert shall only
request activation of the Emergency Alert System begin delete for an abduction end delete
begin insert pursuant to this subdivision end insert if these requirements are met. The
Emergency Alert System is not intended to be used for abductions
resulting from custody disputes that are not reasonably believed
to endanger the life or physical health of a child.

The California Highway Patrol, if requested by a law
enforcement agency, shall activate the system.

(b) The California Highway Patrol, 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 Peace Officers’ Association, shall
develop policies and procedures providing instruction specifying
how begin insert a end insert law enforcement begin delete agencies, broadcasters end delete begin insert agency, broadcaster end insert
participating in the Emergency Alert System, and any other
intermediate emergency begin delete agencies end delete begin insert agency end insert that may institute
activation of the Emergency Alert System, and, where appropriate,
other supplemental warning systems, shall proceed after a
qualifying begin delete abduction end delete begin insert event described in subdivision (a) end insert has been
reported to a law enforcement agency. Those policies and
procedures shall include, but not be limited to:

(1) Procedures for transfer of information regarding the
begin delete abducted end delete victim and begin delete abduction end delete begin insert the qualifying event end insert from the law
enforcement agency to the begin delete broadcasters; end delete begin insert broadcasters. end insert

(2) Specification of the event code or codes that should be used
if the Emergency Alert System is activated to report a qualifying
begin delete child abduction; end delete begin insert event. end insert

(3) Recommended language for an begin delete abduction alert; end delete begin insert emergency
alert issued pursuant to this section. end insert

(4) Specification of information that begin delete must end delete begin insert shall end insert be included by
the reporting law enforcement agency, including which agency a
person with information relating to the begin delete abduction end delete begin insert qualifying event end insert
should contact and how the person should contact the begin delete agency; and end delete
begin insert agency. end insert

(5) Recommendations on the extent of the geographical area to
which begin delete a child abduction end delete begin insert an end insert emergency alert begin insert issued pursuant to
this section end insert should be broadcast.

(c) The California Highway Patrol, in consultation with the
Department of Justice, shall review the Amber Plan as adopted by
other states and Orange County’s Child Abduction Regional
Emergency Alert Program for guidance in developing appropriate
policies and procedures for use of the Emergency Alert System
and, where appropriate, other supplemental warning systems to
report qualifying begin delete abductions end delete begin insert events end insert .

(d) The California Highway Patrol, in conjunction with the
Department of Justice, shall develop a comprehensive child
abduction education begin delete system end delete begin insert plan end insert to educate children in the state
on the appropriate behavior to deter abduction. The California
Highway Patrol shall convene a group consisting of a representative
from the California State Sheriffs’ Association, the California
Police Chiefs’ Association, and the California Peace Officers’
Association, representatives of advocacy groups, and the
Department of Education to assist in the development of a plan.

begin delete

(e) For purposes of activation of the Emergency Alert System,
an abductor may include a custodial parent or guardian where the
abducted child is in imminent danger of serious bodily injury or
death.

end delete

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.