BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                       AB 8


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          Date of Hearing:  March 23, 2015


                        ASSEMBLY COMMITTEE ON TRANSPORTATION


                                 Jim Frazier, Chair


          AB 8  
          (Gatto) - As Introduced December 1, 2014


          SUBJECT:  Emergency services:  hit-and-run incidents


          SUMMARY:  Establishes the "Yellow Alert" notification system  
          (similar to "Amber Alert") and authorizes activation of the  
          system for certain hit-and-run incidents.  Specifically, this  
          bill:  


          1)Defines a "Yellow Alert" as a notification system designed to  
            issue and coordinate alerts that enlist the public in locating  
            hit-and-run suspects when a hit-and-run incident results in  
            death or injury.



          2)Authorizes a law enforcement agency to request that the  
            California Highway Patrol (CHP) activate a Yellow Alert if  
            certain identifying information about the hit-and-run suspect  
            or the suspect's vehicle is available and if law enforcement  
            believes that public dissemination of the available  
            information will aid in apprehending the suspect or averting  
            further harm.











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          3)Requires CHP, if they concur that Yellow Alert activation  
            requirements are met, to issue a Yellow Alert via local  
            digital signs within the geographic area requested by the  
            investigating law enforcement agency
          EXISTING LAW:  


          1)Requires a driver who is involved in an accident resulting in  
            injury or death to a person other than himself to immediately  
            stop the vehicle at the scene of the accident and render  
            assistance as well as provide specified information to an  
            officer on the scene or report the information to law  
            enforcement within 24 hours of the incident if no officer is  
            present.





          2)Provides that drivers who fail to stop at the scene of an  
            accident resulting in injury or death shall be punished by  
            fine or imprisonment, or both. 



          3)Establishes the Emergency Alert System, nicknamed "Amber  
            Alert," which may be activated if a law enforcement agency  
            receives a report of a child abduction and the victim 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.



          4)Establishes the "Blue Alert" notification system, designed to  
            issue and coordinate alerts if a law enforcement officer has  
            been killed or is seriously injured by a suspect who has fled  
            the scene and poses an imminent threat to public safety.









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          5)Establishes a "Silver Alert" notification system, designed to  
            issue and coordinate alerts if a person age 65 or older is  
            missing. 



          6)Includes developmentally disabled or cognitively impaired  
            persons on the list of persons who qualify under the "Silver  
            Alert" notification system.
          FISCAL EFFECT:  Unknown


          COMMENTS:  The National Highway Traffic Safety Administration  
          reports that the number of hit-and-run accidents is increasing  
          nationally.  According to the AAA Foundation for Traffic Safety,  
          one in five of all pedestrian fatalities involve hit-and-run  
          accidents and 60% of hit-and-run fatalities have pedestrian  
          victims.  Additionally, USA Today writes that in 2013 an  
          estimated 20,000 hit-and-run incidents occur each year in the  
          City of Los Angeles alone and 4,000 of these incidents involved  
          injuries or death.


          To address this problem, the author has introduced this bill,  
          which is modeled after legislation in Colorado ("Medina Alert")  
          that has been instrumental in locating hit-and-run suspects.   
          Specifically, this bill would create a "Yellow Alert"  
          notification system, similar to California's successful "Amber  
          Alert" system, that would authorize CHP to activate digital  
          highway signage (as well as other electronic messaging systems)  
          when there is information available to locate hit-and-run  
          suspects.  The "Yellow Alert" notification system would provide  
          the public with information about the hit-and-run suspect and/or  
          the suspect's vehicle and request that the public be on the  
          lookout and report information to law enforcement.  










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          There are a number of similar alert systems already in use in  
          California.  The first alert system developed in California was  
          "Amber Alert", established by AB 415, (Runner) Chapter 517,  
          Statutes of 2002, that authorized law enforcement agencies to  
          use the digital messaging on overhead roadway signs to assist in  
          recovery efforts for child abduction cases.  Following on the  
          success of the "Amber Alert" program, the "Blue Alert" and the  
          "Silver Alert" notification systems were developed.  The "Blue  
          Alert" system, established by SB 839 (Runner), Chapter 311,  
          Statutes of 2010, provides for public notification when a law  
          enforcement officer has been attacked and the "Silver Alert"  
          notification system, established by SB 1047 (Alquist), Chapter  
          651, Statutes of 2012, provides for public notification  when a  
          person age 65 years or older is missing.  The "Silver Alert"  
          system was recently broadened with the passage of SB 1127  
          (Torres) Chapter 440, Statutes of 2014, to include missing  
          persons who are developmentally disabled or cognitively  
          impaired.

          This bill is identical to AB 47 (Gatto), of 2014, which passed  
          with bi-partisan support but was vetoed by the Governor.  In his  
          veto message, Governor Brown noted that since SB 1127 added a  
          new class of individuals to the existing alert system, adding  
          yet another category (hit-and-run suspects) could overload the  
          alert system, thereby diluting its effectiveness.  Given that SB  
          1127 just recently took effect (January 1, 2015), it is unclear  
          what result adding this new category of individuals  
          (developmentally disabled or cognitively impaired) will have.   
          According to CHP, there has been only one "Silver Alert" system  
          activation to date under the new law but it remains to be seen  
          if there will be an increase over time.  
          
          Supporters of the bill include local jurisdictions as well as a  
          number bicycle and pedestrian groups.  Bicycle and pedestrian  
          groups, note that using California's network of changeable  
          message signs to locate hit-and-run suspects would provide a  
          simple yet effective way to solve, and possibly deter, this type  
          of crime.  Also writing in support of the bill, Eric Garcetti,  
          Mayor of the City of Los Angeles, notes that the "Medina Alert"  








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          system in Colorado has led to the arrest of 76 percent of  
          hit-and-run fugitives and that this bill would help local law  
          enforcement achieve similar results and give hope to families  
          and victims of hit-and-run accidents. 


          Commenting on AB 47 (Gatto, 2014) last year, the Department of  
          Finance noted that creating a "Yellow Alert" notification system  
          would be duplicative of current "Be On the Look Out" and APBnet"  
          systems already in use.  Specifically, these systems enable  
          officers to quickly create photo bulletins and distribute them  
          to any number of targeted recipients including law enforcement  
          agencies and individuals in specific communities (city, county,  
          state).  Systems such as APBnet are widely available to law  
          enforcement and have been in use since 1995.  APBnet allows  
          photo bulletins (with photos and information about suspects,  
          stolen property, etc.)  to be sent across multiple jurisdictions  
          and to communities to help solve crimes and arrest suspected  
          criminals.  


          Previous legislation:  AB 47 (Gatto), of 2014, which was  
          identical to this bill, was vetoed by Governor Brown on the  
          grounds similar legislation adding developmentally disabled  
          persons to the alert system had just been signed.  The Governor  
          pointed out in his veto message that expansion of the system  
          should be tested before other categories of individuals are  
          added.



          SB 1127 (Torres) Chapter 440, Statutes of 2014, included a  
          missing person who is developmentally disabled or cognitively  
          impaired among persons who may be the subject of a "Silver  
          Alert."

          SB 1047 (Alquist), Chapter 651, Statutes of 2012, created the  
          "Silver Alert" notification system designed to issue and  
          coordinate alerts to inform the public when a person who is age  








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          65 years or older is missing.  

          SB 839 (Runner) Chapter 311, Statutes of 2010, created the "Blue  
          Alert" notification system to notify the public when a law  
          enforcement office has been attacked.

          AB 415 (Runner) Chapter 517, Statutes of 2002, established  
          "Amber Alert" system which authorized law enforcement agencies  
          to use the emergency alert system to assist recovery efforts in  
          child abduction cases.
          


          REGISTERED SUPPORT / OPPOSITION:




          Support


          ABATE of California


          American Federation of State, County and Municipal Employees,  
          AFL-CIO


          American Motorcyclist Association


          Association of Orange County Deputy Sheriffs


          California Bicycle Coalition


          Coalition for Sustainable Transportation 









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          Honorable Eric Garcetti, Mayor, City of Los Angeles


          Inland Empire Biking Alliance


          Los Angeles Walks


          Marin County Bicycle Coalition


          Nick's Computer Works


          People Power: Sensible Transportation for Santa Cruz County


          Safe Routes to School National Partnership


          San Diego County Bicycle Coalition


          Shasta Living Streets


          Silicon Valley Bicycle Coalition 


          Walk & Bike Mendocino 




          










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          Opposition


          None on file




          Analysis Prepared by:Victoria Alvarez / TRANS. / (916) 319-2093