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 deathend delete.
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 8594 of the Government Code is amended
begin delete an abduction has been reported toend delete a law
4enforcement agency and the agency
7determines that a child 17 years of age or younger, or an individual
8with a proven mental or physical disability, has been abducted and is in imminent danger of serious bodily injury
10or death, and there is information available that, if disseminated
11to the general public, could assist in the safe recovery of the victim,
12the agency, through a person authorized to activate the Emergency
13Alert System, shall, absent extenuating investigative needs, request
14activation of the Emergency Alert System within the appropriate
begin delete Lawend delete enforcement begin delete agenciesend delete shall only
16request activation of the Emergency Alert System
begin delete for an abductionend delete
17 if these requirements are met. The
18Emergency Alert System is not intended to be used for abductions
19resulting from custody disputes that are not reasonably believed
20to endanger the life or physical health of a child.
21The California Highway Patrol, if requested by a law
22enforcement agency, shall activate the system.
23(b) The California Highway Patrol, in consultation with the
24Department of Justice, as well as a representative from the
25California State Sheriffs’ Association, the California Police Chiefs’
26Association, and the California Peace Officers’ Association, shall
27develop policies and procedures providing instruction specifying
28how law enforcement
begin delete agencies, broadcastersend delete
P3 1 participating in the Emergency Alert System, and any other
begin delete agenciesend delete that may institute
3activation of the Emergency Alert System, and, where appropriate,
4other supplemental warning systems, shall proceed after a
begin delete abductionend delete has been
6reported to a law enforcement agency. Those policies and
7procedures shall include, but not be limited to:
8(1) Procedures for transfer of
information regarding the
begin deleteabductedend deletevictim and begin delete abductionend delete from the law
10enforcement agency to the
begin delete broadcasters;end delete
11(2) Specification of the event code or codes that should be used
12if the Emergency Alert System is activated to report a qualifying
begin deletechild abduction;end delete
14(3) Recommended language for an
begin delete abduction alert;end delete
16(4) Specification of information that
begin delete mustend delete be included by
17the reporting law enforcement agency, including which agency a
18person with information relating to the
begin delete abductionend delete
19 should contact and how the person should contact the
begin delete agency; andend delete
21(5) Recommendations on the extent of the geographical area to
begin delete a child abductionend delete emergency alert should be broadcast.
24(c) The California Highway Patrol, in consultation with the
25Department of Justice, shall review the Amber Plan as adopted by
26other states and Orange County’s Child Abduction Regional
27Emergency Alert Program for guidance in developing appropriate
28policies and procedures for use of the Emergency Alert System
29and, where appropriate, other supplemental warning systems to
begin delete abductionsend delete.
31(d) The California Highway Patrol, in conjunction with the
32Department of Justice, shall develop a comprehensive child
begin delete systemend delete to educate children in the state
34on the appropriate behavior to deter abduction. The California
35Highway Patrol shall convene a group consisting of a representative
36from the California State Sheriffs’ Association, the California
37Police Chiefs’ Association, and the California Peace Officers’
38 Association, representatives of advocacy groups, and the
39Department of Education to assist in the development of a plan.
P4 1(e) For purposes of activation of the Emergency Alert System,
2an abductor may include a custodial parent or guardian where the
3abducted child is in imminent danger of serious bodily injury or
If the Commission on State Mandates determines that
6this act contains costs mandated by the state, reimbursement to
7local agencies and school districts for those costs shall be made
8pursuant to Part 7 (commencing with Section 17500) of Division
94 of Title 2 of the Government Code.