BILL ANALYSIS Ó AB 535 Page 1 Date of Hearing: April 17, 2013 ASSEMBLY COMMITTEE ON APPROPRIATIONS Mike Gatto, Chair AB 535 (Quirk) - As Amended: April 10, 2013 Policy Committee: Public SafetyVote: 7-0 Urgency: No State Mandated Local Program: Yes Reimbursable: Yes SUMMARY This bill specifies that criteria for activation of the Emergency Alert System (EAS) (generally referred to as an AMBER alert) regarding an abducted child includes a custodial parent or guardian when the child is in imminent danger of serious bodily injury or death. FISCAL EFFECT Minor, if any, new state and local costs for additional alerts, as this bill essentially clarifies current practice. The average cost of an AMBER alert is about $45,000. COMMENTS 1)Rationale . The author contends the EAS statute, which states that alerts are "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" should be clarified to specifically include custodial parents when the child is in imminent danger. 2)Current law states that if an abduction has been reported to a law enforcement agency and the agency determines that a person 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 recovery of the victim, the agency shall request activation of the EAS within the local area. AB 535 Page 2 3)Support . The Alameda District Attorney's Office states, "Currently, the law is ambiguous as to whether 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." Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081