BILL NUMBER: SB 1127 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 18, 2014
PASSED THE ASSEMBLY AUGUST 14, 2014
AMENDED IN ASSEMBLY JUNE 15, 2014
AMENDED IN SENATE APRIL 7, 2014
INTRODUCED BY Senators Torres and Pavley
FEBRUARY 19, 2014
An act to amend Section 8594.10 of the Government Code, relating
to emergency services.
LEGISLATIVE COUNSEL'S DIGEST
SB 1127, Torres. Emergency services: individuals with
developmental disabilities and cognitive impairments.
Existing law authorizes a law enforcement agency, if a person is
reported missing to the law enforcement agency, and that agency
determines that certain requirements are met, including, among
others, that the missing person is 65 years of age or older, to
request the California Highway Patrol to activate a Silver Alert, the
notification system designed to issue and coordinate these alerts.
Existing law requires the California Highway Patrol to activate a
Silver Alert if it concurs with the law enforcement agency that those
requirements are met, and to take certain actions, upon activation
of a Silver Alert, to assist the agency investigating the
disappearance. Existing law repeals these provisions on January 1,
2016.
This bill would include a missing person who is developmentally
disabled or cognitively impaired among the persons who may be the
subject of a Silver Alert. This bill would also delete the repeal
date, thereby extending the operation of these provisions
indefinitely.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8594.10 of the Government Code is amended to
read:
8594.10. (a) For purposes of this section, "Silver Alert" means a
notification system, activated pursuant to subdivision (b), designed
to issue and coordinate alerts with respect to a person who is 65
years of age or older, developmentally disabled, or cognitively
impaired, and who is reported missing.
(b) (1) If a person is reported missing to a law enforcement
agency and that agency determines that the requirements of
subdivision (c) are met, the agency may request the California
Highway Patrol to activate a Silver Alert. If the California Highway
Patrol concurs that the requirements of subdivision (c) are met, it
shall activate a Silver Alert within the geographical area requested
by the investigating law enforcement agency.
(2) Radio, television, and cable and satellite systems are
encouraged to, but not required to, cooperate with disseminating the
information contained in a Silver Alert.
(3) Upon activation of a Silver Alert, the California Highway
Patrol shall assist the investigating law enforcement agency by
issuing a be-on-the-lookout alert, an Emergency Digital Information
Service message, or an electronic flyer.
(c) 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:
(1) The missing person is 65 years of age or older,
developmentally disabled, or cognitively impaired.
(2) The investigating law enforcement agency has utilized all
available local resources.
(3) The law enforcement agency determines that the person has gone
missing under unexplained or suspicious circumstances.
(4) The law enforcement agency believes that the person is in
danger because of age, health, mental or physical disability, or
environment or weather conditions, that the person is in the company
of a potentially dangerous person, or that there are other factors
indicating that the person may be in peril.
(5) There is information available that, if disseminated to the
public, could assist in the safe recovery of the missing person.
(d) For purposes of this section, the following definitions have
the following meanings:
(1) "Developmentally disabled" means affected by a developmental
disability, as defined in subdivision (a) of Section 4512 of the
Welfare and Institutions Code.
(2) "Cognitively impaired" means affected by a cognitive
impairment, as defined in Section 14522.4 of the Welfare and
Institutions Code.