BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 1127
                                                                  Page  1

          Date of Hearing:   June 10, 2014
          Chief Counsel:      Gregory Pagan


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Tom Ammiano, Chair

                    SB 1127 (Torres) - As Amended:  April 7, 2014


           SUMMARY  :   Authorizes a law enforcement agency to request the  
          California Highway Patrol to activate a "Silver Alert" when a  
          developmentally disabled or cognitively impaired person is  
          reported missing, and specified conditions are met.

           EXISTING LAW  :

          1)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.  (Gov. Code § 8594.10, subd.  
            (a).)

          2)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.

             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  








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               the public, could assist in the safe recovery of the  
               missing person.  (Gov. Code § 8594.10, subd. (c).)

          3)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 Emergency Alert  
            System (EAS) within the appropriate local area.  (Gov. Code §  
            8594, subd. (a).)



          4)Provides that California Highway Patrol (CHP) in consultation  
            with the Department of Justice, 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.  (Gov. Code § 8594, subd. (b).)

          5)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:

             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  








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               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.  (Gov. Code  
               § 8594.5, subd. (b).)

          6)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.   [Gov. Code Section 8594.5  
            (a).]

          7)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 System, 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.  (Gov.  
            Code § 8594.5 subd. (c).)

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Author's Statement  :  According to the author, "SB 1127 is a  
            common-sense approach, using California's existing  
            infrastructure, to address a serious problem for individuals  
            with Autism Spectrum Disorder developmental disabilities,  
            Alzheimer's and other forms of cognitive impairment.  SB 1127  
            is an important and innovative approach to highlight the  
            life-threatening problem of wandering and missing individuals  
            who are challenged with developmental disabilities or  
            cognitive impairment."

           2)What This Bill Does  :  Authorizes a law enforcement agency to  
            request the CHP to activate a "Silver Alert" when a  
            developmentally disabled or cognitively impaired person is  
            reported missing, and specified conditions are met.  The bill  
            defines "developmentally disabled" to mean affected by a  
            developmental disability as defined in Welf. & Inst. Code, §  
            4512.  Welf. & Inst. Code, § 4512 defines "developmental  
            disability" to mean a disability that originates before an  
            individual attains 18 years of age; continues, or can be  








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            expected to continue, indefinitely; and constitutes a  
            substantial disability for that individual.  As defined by the  
            Director of Developmental Services, in consultation with the  
            Superintendent of Public Instruction, this term shall include  
            intellectual disability, cerebral palsy, epilepsy, and autism.  
            This term shall also include disabling conditions found to be  
            closely related to intellectual disability or to require  
            treatment similar to that required for individuals with an  
            intellectual disability, but shall not include other  
            handicapping conditions that are solely physical in nature.

          This bill defines "cognitively impaired" to mean to be affected  
            by a cognitive impairment as defined in Welf. & Inst. Code, §  
            14522.4.  Welf. & Inst. Code, § 14522.4 defines "cognitive  
            impairment" to mean the loss or deterioration of intellectual   
            capacity characterized by impairments in short- or long-term  
            memory, language, concentration and attention, orientation to  
            people, place, or time, visual-spatial abilities or executive  
            functions, or both, including, but not limited to, judgment,  
            reasoning, or the ability to inhibit behaviors that
            interfere with social, occupational, or everyday functioning  
            due to conditions, including, but not limited to, mild  
            cognitive impairment, Alzheimer's disease or other form of  
            dementia, or brain injury.    

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          Association of Regional Center Agencies
          Alzheimer's Association
          Help Group
           
            Opposition 
           
          None

           Analysis Prepared by :    Gregory Pagan / PUB. S. / (916)  
          319-3744