BILL ANALYSIS Ó
AB 8
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ASSEMBLY THIRD READING
AB
8 (Gatto)
As Introduced December 1, 2014
Majority vote
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|Committee |Votes |Ayes |Noes |
|----------------+------+-----------------------+--------------------|
|Transportation |16-0 |Frazier, Achadjian, | |
| | |Baker, Bloom, Campos, | |
| | |Chu, Daly, Dodd, | |
| | |Eduardo Garcia, Gomez, | |
| | |Kim, Linder, Medina, | |
| | |Melendez, Nazarian, | |
| | |O'Donnell | |
| | | | |
|----------------+------+-----------------------+--------------------|
|Public Safety |7-0 |Quirk, Melendez, | |
| | |Jones-Sawyer, Lackey, | |
| | |Low, Santiago, Weber | |
| | | | |
|----------------+------+-----------------------+--------------------|
|Appropriations |17-0 |Gomez, Bigelow, Bonta, | |
| | |Calderon, Chang, Daly, | |
| | |Eggman, Gallagher, | |
| | |Eduardo Garcia, | |
| | |Gordon, Holden, Jones, | |
| | |Quirk, Rendon, Wagner, | |
| | |Weber, Wood | |
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AB 8
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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.
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.
FISCAL EFFECT: According to the Assembly Appropriations
Committee:
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.
COMMENTS: The National Highway Traffic Safety Administration
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reports that the number of hit-and-run accidents is increasing
nationally. According to the American Automobile Association
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.
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)
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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" 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.
Please see the policy committee analysis for full discussion of
this bill.
Analysis Prepared by:
AB 8
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Victoria Alvarez / TRANS. / (916) 319-2093 FN:
0000585