BILL ANALYSIS Ó
AB 535
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 535 (Quirk)
As Amended August 15, 2013
Majority vote
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|ASSEMBLY: |76-0 |(April 25, |SENATE: |39-0 |(August 26, |
| | |2013) | | |2013) |
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Original Committee Reference: PUB. S.
SUMMARY : Requires a law enforcement agency to request
activation of the Emergency Alert System (EAS) when the law
enforcement receives a report that an abduction has occurred or
that a child has been taken by anyone, including a custodial
parent or guardian, and specific other requirements are met.
The Senate amendments clarify that a child may be abducted by
anyone, including a custodial parent or guardian.
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.
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.
3)Provides that in addition to the circumstances described under
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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:
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.
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.
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 Emergency Digital Information Service (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.
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.
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:
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a) The missing person is 65 years of age or older.
b) The investigating law enforcement agency has utilized
all available local resources.
c) The law enforcement agency determines 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.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version passed by the Senate.
FISCAL EFFECT : According to the Senate Appropriations
Committee, potential annual costs in the range of $45,000 to
$90,000 (Special Fund: Motor Vehicle Account) to the extent the
provisions of this bill result in additional AMBER alerts. As
the provisions of this bill essentially clarify current
practice, additional costs are not estimated to be significant.
COMMENTS : 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
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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. "
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
FN: 0001809