BILL ANALYSIS Ó AB 535 Page 1 Date of Hearing: April 2, 2013 Chief Counsel: Gregory Pagan ASSEMBLY COMMITTEE ON PUBLIC SAFETY Tom Ammiano, Chair AB 535 (Quirk) - As Introduced: February 20, 2013 As Proposed to be Amended in Committee SUMMARY : Provides that for the activation of the Emergency Alert System (EAS) an abductor may include a custodial parent or guardian where the abducted child is in imminent danger of serious bodily injury or death. 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 EAS within the appropriate local area. [Government Code Section 8594(a).] 2)Provides that 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 Police 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 qualifying abduction has been reported to a law enforcement agency. [Government Code Section 8594(b).] 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: AB 535 Page 2 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. [Government Code Section 8594.5 (b).] 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. [Government Code Section 8594.5 (a).] 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. [Government Code Section 8594.5(c).] 6)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. [Government Code Section 8594.10(a).] 7)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. AB 535 Page 3 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 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. [Government Code Section 8594.10(c).] FISCAL EFFECT : Unknown COMMENTS : 1)Author's Statement : According to the author, "According to the US Department of Justice, 800,000 children are reported missing every year in the US. An estimated 200,000 are abducted by a family member. No parent ever wants to have to report a missing child. However, when such action is needed, quick and coordinated response by law enforcement can help to safely return the child. "According to the DOJ, 75% of children who are abducted and later found murdered were killed within three hours of being abducted. As such, quick response is critical in the safe return of children. "The Amber Alert system has been a powerful tool is helping law enforcement to safely and quickly recover abducted children. "However, there is a discrepancy in current law that needs to be addressed. There is disagreement if, all other factors considered, an AMBER Alert can be issued if the abductor is a parent or guardian. The relationship between the child and the abductor should not be an inhibiting factor if there is reason to believe that the child's life is at risk. " AB 535 Page 4 2)Background : An "Amber Alert" is issued upon the suspicion that a child was abducted. The AMBER Alert system started in 1996 after the abduction and murder of nine-year old Amber Hagerman from Arlington, Texas. Dallas-Fort Worth broadcasters teamed with local police to develop an early warning system to help find abducted children. "AMBER" stands for America's Missing Broadcast Emergency Response. The Child Alert Foundation created the first fully automated Alert Notification System (ANS) in 1998 to notify surrounding communities when a child was reported missing or abducted. By 2002, the National Center for Missing and Exploited Children (NCME) expanded its role in promoting the AMBER Alert; the Federal Communications Commission officially endorsed the system; and California established a state-wide AMBER Alert system. By 2005, all 50 states had operational programs. The US Department of Justice (US DOJ) continues to look for ways to improve the AMBER Alert program to increase success in the recovery of abducted children. According to the DOJ, 75% of children who are abducted and later found murdered were killed within three hours of being abducted. As such, quick response is critical in the safe return of children. Since 2002, the CHP has activated 205 alerts, resulting in the safe return of 244 victims. However, there is ambiguity as to whether or not an AMBER Alert may be activated if the abduction of a child was done by a parent or guardian. Such was the tragic 2005 case of Jineva Driscol. Her mother, Mary Alicia Driscol, drove her from their home in Contra Costa County to Sonoma County. Despite Jineva's mother informing family of her intent to kill herself and her child, no AMBER Alert was issued. Jineva and her mother were found dead on the side of the road in an apparent murder-suicide. According to the San Francisco Chronicle, despite this case meeting all of the other criteria for issuing an AMBER Alert, the CHP decided against it because abduction had not occurred since Mary had sold custody of Jineva. In 2012, Christopher Maffei showed up to his former girlfriend's AB 535 Page 5 home and ran off with their three-year old daughter and six-year old son. The children were safely rescued after the boat Christopher had stolen from the Ballena Isle Marina in Alameda was spotted by a fisherman about 50 miles off the coast of Pillar Point in Half Moon Bay. An AMBER Alert was not issued because he was a "parent with no legal restrictions against having the children." (See San Francisco Chronicle article, "Kids recovered after abduction, police say.") 3)Argument in Support : The Alameda County District Attorney writes,"Current law under Government Code section 8594 allows the activation of the Emergency Alert System known as the AMBER Alert when law enforcement agencies are informed of the abduction of a child 17 years of age or younger, or an individual with a proven mental or physical disability is determined to be in imminent danger of serious bodily injury or death. "Currently, the law is ambiguous as to whether nor not AMBER alert should be activated if a child's parent or guardian takes the child away in a vehicle with the intent to cause serious bodily injury or death to the child. "Because the language of the code specifically states an 'abduction' must have been reported to Law Enforcement, a parent or guardian taking their child in a vehicle with the intent to kill their child, may not constitute an 'abduction' for the purpose of AMBER Alert System activation criteria. The same may be true for a non-custodial parent with visitation rights. "California Government Code 8594(a) should be amended such that the AMBER Alert system may be activated when law enforcement has credible information to believe anyone, including a parent who has full custody of a child, takes the child away in a vehicle with the intent to cause serious bodily injury or death to that child." 4)Prior Legislation : a) SB 1047 (Alquist), Chapter 651, Statutes of 2012, authorized a law enforcement agency to request CHP to activate a "Silver Alert" if a person 65 years of age or older is missing. AB 535 Page 6 b) SB 839 (Runner), Chapter 311, Statutes of 2010, required the CHP, at the request of an authorized person at a law enforcement agency, to activate the EAS and issue a "Blue Alert", as defined, if a law enforcement officer has been killed, suffers serious bodily injury, or is assaulted with a deadly weapon, the suspect has fled the scene of the offense, and other specified conditions are met. c) SB 38 (Alquist), of the 2009-2010 Legislative Session, would have authorized a law enforcement agency to request the CHP to activate the EAS and issue a "Silver Alert" if a person 65 years of age or older is missing. SB 38 was held on the Assembly Appropriations Committee's Suspense File. d) AB 415 (Runner), Chapter 517, Statutes of 2002, required law enforcement to activate the EAS and issue an "Amber Alert" to assist recovery efforts in child abduction cases by disseminating Information to the general public. REGISTERED SUPPORT / OPPOSITION : Support Alameda County District Attorney (Sponsor) Alameda County Board of Supervisors California Police Chiefs Association Klass Kids Foundation National Association of Social Workers, California Chapter Peace Officer Research Association of California Polly Klass Foundation Opposition None Analysis Prepared by : Gregory Pagan / PUB. S. / (916) 319-3744