BILL ANALYSIS Ó
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: AB 8 Hearing Date: 6/23/2015
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|Author: |Gatto |
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|Version: |12/1/2014 REVISED |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Eric Thronson |
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SUBJECT: Emergency services: hit-and-run incidents
DIGEST: This bill establishes the "Yellow Alert" notification
system and authorizes the California Highway Patrol (CHP) to
activate the system for certain hit-and-run incidents.
ANALYSIS:
Existing law:
1)Authorizes use of the Emergency Alert System (EAS), a national
public warning system that requires broadcasters, cable
television systems, wireless cable systems, satellite digital
audio radio service providers, and direct broadcast satellite
providers, for "AMBER Alerts," a program designed to aid in
the recovery of an abducted child or an individual with a
proven mental or physical disability when all of the following
conditions have been met:
a) A law enforcement agency determines that the victim is
in imminent danger of serious bodily injury or death; and
b) There is information available that, if disseminated to
the general public, could assist in the safe recovery of
the victim.
AB 8 (Gatto) Page 2 of ?
1)Requires CHP, in consultation with others, to develop policies
and procedures to instruct agencies how to carry out an AMBER
Alert.
2)Authorizes use of the EAS for "Blue Alerts," a quick-response
system designed to issue and coordinate alerts when a law
enforcement officer has been killed or is seriously injured
and when all the following conditions have been met:
a) The suspect has fled the scene and poses an imminent
threat to public safety;
b) A detailed description of the suspect's vehicle or
license plate is available for broadcasting; and
c) There is information available that, if disseminated to
the general public, could help avert further harm or
accelerate apprehension of the suspect.
1)Establishes a "Silver Alert" notification system, designed to
issue and coordinate alerts if a person that is age 65 years
or older, developmentally disabled, or cognitively impaired is
missing and if the following conditions have been met:
a) A law enforcement agency has used all available local
resources to locate the missing person;
b) The missing person is believed to be in danger because
AB 8 (Gatto) Page 3 of ?
of, for example, health or weather conditions; and
c) It has been determined that the public dissemination of
information may lead to a safe recovery of the missing
person.
This bill:
1)Establishes the "Yellow Alert" notification system and
authorizes CHP to activate the system for certain hit-and-run
incidents.
2)Defines a Yellow Alert as a notification 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.
3)Authorizes a law enforcement agency to request that 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.
4)Requires the CHP, if it concurs 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.
COMMENTS:
1)Purpose. 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
AB 8 (Gatto) Page 4 of ?
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.
2)Emergency alert system background. The nation's first AMBER
Alert was established in 1996, and named after 9-year-old
Amber Hagerman who was kidnapped while riding her bicycle and
brutally murdered in Arlington, Texas. The alert system was
intended to help inform local residents to search for a child
who was abducted nearby. AMBER is an acronym for America's
Missing: Broadcast Emergency Response.
The alerts were initially issued over broadcasting channels
designed to alert residents of dangerous weather events, but
since then they have grown to include highway billboard signs,
text messages, and other notification methods. Although the
federal government does not have direct control over the
system, several federal agencies have urged states to
implement it. The U.S. Department of Justice created an AMBER
Alert page, and issued guidance to states to establish
criteria before issuing an alert, including that the victim be
at risk of serious bodily injury or death, a sufficient
description to be informative is included, and that law
enforcement must confirm there was an abduction, among others.
California began the AMBER Alert as a regional program in
1999, and in 2002 the Legislature passed AB 415 (Runner,
Chapter 517) establishing it statewide. As of February 2014,
AB 8 (Gatto) Page 5 of ?
there have been 219 activations in California, 255 recovered
victims and 131 suspects arrested. The CHP is responsible for
statewide coordination of the AMBER Alert system.
In 2010, SB 839 (Runner, Chapter 311) expanded the alert
system to include Blue Alerts which allow the CHP to initiate
a quick response to coordinate alerts following an attack on a
law enforcement officer if the officer was killed, suffered
serious bodily injury, or was assaulted with a deadly weapon
and the suspect remains at large.
Finally, in 2012 the Legislature established the Silver Alert
program through SB 1047 (Alquist, Chapter 651), to coordinate
communication after the unexplained or suspicious
disappearance of an elderly person. The system is intended to
provide immediate attention to the public about the missing
person, including photographs, descriptions, and information
about the last time and location they were seen. The
Legislature has since expanded the program to include any
developmentally disabled or cognitively impaired individual
that otherwise meets the requirements, regardless of the
person's age.
3)Are hit-and-runs appropriate for the alert system? For cases
in which current law authorizes an emergency alert, the
primary imperative is to prevent imminent danger. For an
AMBER Alert to be issued, a law enforcement agency must first
assess if the victim is "in imminent danger of serious bodily
injury or death" and whether the widespread dissemination of
pertinent information to the public would assist in the safe
recovery of the victim. Similarly, a Silver Alert can only be
issued when a person 65 years of age or older is reported
missing and determined by the law enforcement agency to be in
potential danger due to age or a variety of other factors.
Additionally, an offending suspect needs to be considered an
imminent threat to the public or other law enforcement
personnel before a Blue Alert can be initiated after a violent
attack on a law enforcement officer. Alternatively, law
enforcement suggests that hit-and-run offenders typically try
to hide and hope they cannot be identified. This appears to
be one example of how hit-and-run incidents may not be
appropriate for the alert system.
Further, the inherent nature of hit-and-run incidents leads to
information about the suspect or the suspect's vehicle being
AB 8 (Gatto) Page 6 of ?
unavailable or unverifiable. In a missing person's case, once
a law enforcement agency decides to request an Amber or Silver
Alert, the agency often has access to an accurate description
of the missing person, if not a photograph or digital image,
that confers a high degree of certainty in the information
being disseminated to the public about the missing person. In
essence, it is easier to identify and verify the person for
whom the public should be on alert. For hit-and-run
incidents, the investigating law enforcement agency may have
limited information available that cannot be verified. If law
enforcement has the suspect's identifying information
necessary to institute a Yellow Alert, it seems reasonable
that law enforcement can use that information to apprehend the
suspect without needing to post the information on a
changeable message sign. Given this, it is unclear how
hit-and-runs are appropriate for the state's alert system.
4)Distracted driving concerns. A variety of constituencies have
conducted distracted driving studies focused on a number of
potential distractions. There are studies that use data to
prove illuminated billboards do not lead to negative outcomes,
and other studies that refute these conclusions. Nearly all
studies admit that, in most instances, it is very difficult to
identify one single factor that led to an adverse incident
such as an automobile accident. Research tends to show that
accidents arise from an accumulation of factors, including
distractions in the vehicle and outside, weather conditions,
and even distracting thoughts within the driver's mind.
It is clear, however, that billboards by their very nature
capture a driver's attention. Advertising is intended to
communicate a message to the recipient, which requires some
attention. One recent study of driver behavior conducted by
the Accident Research Center at Monash University concluded
that "the presence of billboards changed drivers' pattern of
visual attention, increased the amount of time needed for
drivers to respond to road signs, and increased the number of
errors in the driving task." Other studies using naturalistic
driving data have found that, of all the various distractions
contributing to poor driving outcomes, visual distraction is
the primary concern in driver distraction.
This bill proposes that the state use its digital billboards
to advertise to the public an alert. While illuminated
billboards may not by themselves lead to adverse safety
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impacts, it is clear that they contribute to the multiple
distractions drivers navigate each day. Adding distractions,
especially ones that are particularly effective at drawing
one's attention, can only increase the risk of negative
outcomes. The question is not whether these alerts on the
state's changeable message signs cause accidents and other
negative consequences, but how many distractions are enough to
create an environment potentially too risky and dangerous for
people traveling from one place to another.
5)CHP opposition. In a letter dated May 15, 2015, the CHP
Commissioner informed the author that CHP opposes this bill
for three reasons. First, CHP is concerned that this bill
would significantly increase the total number of alerts
displayed on the state's changeable message signs. CHP
asserts that this will decrease the effectiveness of the AMBER
Alert system, as it will desensitize the public and reduce its
attention to the most serious child abduction cases for which
the alert system is currently deployed. The increased number
of alerts could also lead to increased driver distraction and
more dangerous highways.
Second, CHP states that it anticipates a significant decrease
in the number of hit-and-run collisions due to the
implementation of legislation allowing previously unlicensed
drivers the ability to obtain a driver's license. Having in
possession a driver's license reduces the incentive for
fleeing an accident, and therefore there should be fewer
hit-and-runs.
Finally, CHP expresses concern that nothing in statute
prioritizes the various alerts, and that can become
problematic for CHP if they are put in the position of
determining which alert to post on a changeable message sign
when they get more than one at a time.
6)Previously vetoed legislation. AB 47 (Gatto) of 2014, which
was identical to this bill, was vetoed by Governor Brown on
the grounds that 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. In light of Governor Brown's apparent
feeling about expanding the alert system, the committee may
wish to consider why this bill may have a different fate than
AB 8 (Gatto) Page 8 of ?
last year's effort.
7)Proposed amendments. As noted previously, if CHP concurs that
certain conditions are met, this bill requires them to issue
the Yellow Alert on local digital signs. In other "alert"
legislation, CHP is given the option to use digital signs but
is not mandated to do so. There are certainly instances in
which CHP may determine that posting these messages on digital
signs serves no real purpose, and yet under this bill CHP has
no discretion in the matter. If the committee chooses to pass
this bill, to resolve this issue and to be consistent with
other "alert" legislation, the committee may wish to amend the
bill to give CHP the discretion to determine when to post the
alert on digital signs.
This bill references local digital signs for use with these
Yellow Alerts. It isn't entirely clear what local digital
signs are, however, because in statute and practice we have no
definition for such. If the author means for CHP to activate
the changeable message signs operated by Caltrans on the state
highway system, then the bill should be specific. If the
committee chooses to pass this bill, it may wish to amend the
bill to replace "local digital signs" with "changeable message
signs."
8)Double-referral. The Rules Committee has referred this bill
to both this committee and the Public Safety Committee.
Therefore, if the bill passes this committee, it will be
referred to the Committee on Public Safety.
Related Legislation:
AB 400 (Alejo) - authorizes the use of changeable message signs
for voter registration and Election Day reminders. This bill is
also being heard in this committee today.
AB 643 (Nazarian) - authorizes the CHP, upon activation of a
Silver Alert, to communicate the Alert on highway changeable
message signs under certain conditions. This bill is also being
heard in this committee today.
AB 47 (Gatto, Statutes of 2014) - which was identical to this
bill, was vetoed by Governor Brown. The Governor pointed out in
AB 8 (Gatto) Page 9 of ?
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) - established
California's Silver Alert System.
SB 839 (Runner, Chapter 311 of 2010) - established California's
Blue Alert System.
Assembly Votes:
Floor: 79-0
Appr: 17-0
Pub S: 7-0
Trans: 16-0
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes
Local: No
POSITIONS: (Communicated to the committee before noon on
Wednesday,
June 17, 2015.)
SUPPORT:
ABATE of California
American Federation of State, County and Municipal Employees
American Motorcyclist Association
Association of Orange County Deputy Sheriffs
California Bicycle Coalition
California Council of the Blind
California Police Chiefs Association
California State Firefighters' Association
California Walks
City of Los Angeles, Office of the Mayor
Emergency Nurses Association
Inland Empire Biking Alliance
Los Angeles County Bicycle Coalition
Los Angeles Walks
Matco Inc. Construction and Restoration
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Nick's Computer Works
People Power of Santa Cruz County
Sacramento Area Bicycle Advocates
Safe Routes to Shool National Partnership
San Diego County Bicycle Coalition
San Francisco Bicycle Coalition
San Luis Obispo County Bicycle Coalition
Shasta Living Streets
Silicon Valley Bicycle Coalition
Transportation Authority of Marin
Walk and Bike Mendocino
6 individuals
OPPOSITION:
California Highway Patrol
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