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 SB 1127 Page 2 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 SB 1127 Page 3 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 SB 1127 Page 4 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