BILL ANALYSIS Ó
AB 8
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Date of Hearing: May 6, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
8 (Gatto) - As Introduced December 1, 2014
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill establishes the "Yellow Alert" notification system
(similar to "Amber Alert") 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 serious injury. This
AB 8
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bill:
1)Authorizes a law enforcement agency to request that the 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.
2)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
FISCAL EFFECT:
1)One-time special fund costs of around $100,000 for the CHP to
develop policies and procedures, provide training, and develop
resource materials for staff and law enforcement agencies for
the new alert. [Motor Vehicle Account (MVA)]
2)First-year MVA costs of $500,000 and ongoing costs of $340,000
to the CHP for two positions to confirm information, as well
as activate and staff Yellow Alerts upon request of local law
enforcement agencies. Costs would be dependent on the volume
of hit and run accidents triggering Yellow Alert activation
requests.
(The CHP indicate that there are over 10,000 hit-an-run traffic
collisions resulting in injury or death each year in California,
though the data does not indicate the degree of injury. The cost
estimate assumes up to five percent of these accidents would
meet the criteria for Yellow Alert activation, which would
almost triple the current workload associated with other
Alerts.)
AB 8
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COMMENTS:
1)Background. 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.
This bill is modeled after legislation in Colorado ("Medina
Alert") that has been instrumental in locating hit-and-run
suspects. This bill is identical to AB 47 (Gatto), of 2014,
which was vetoed. In his veto message, the Governor noted
that, since legislation he had recently signed (SB 1127,
Torres) 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. According to the CHP, there has been only one
SB 1127-related "Silver Alert" system activation to date since
the law took effect this year.
2)Prior Legislation. AB 415 (Runner)/Chapter 517, Statutes of
2002, created California's Amber Alert program and authorized
law enforcement agencies to use the national EAS to
disseminate relevant child abduction information. SB 839
(Runner)/Chapter 311, Statutes of 2010, established the Blue
Alert program, which also uses the EAS to provide for public
notification when a law enforcement officer has been attacked.
The Silver Alert program, originally established by SB 1047
(Alquist)/Chapter 651, Statutes of 2012, provides for public
notification when a person who is age 65 years or older,
developmentally disabled, or cognitively impaired is missing.
AB 8
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3)Related Legislation. AB 643 (Nazarian), also on today's
committee agenda, authorizes the CHP to activate messages on
changeable message signs when a law enforcement agency
determines that a Silver Alert subject may be in a vehicle,
and specific information about that vehicle is available for
public dissemination.
Analysis Prepared by:Chuck Nicol / APPR. / (916)
319-2081