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:
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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.
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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. "
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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
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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
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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