BILL ANALYSIS Ó
AB 535
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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
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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