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