BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                       AB 8


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          8 (Gatto)


          As Amended  July 6, 2015


          Majority vote


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          |ASSEMBLY:  | 79-0 | (June 2,      |SENATE: |38-0  | (August 27,     |
          |           |      |2015)          |        |      |2015)            |
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          Original Committee Reference:  TRANS.


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


          The Senate amendments: 


          1)Authorize, rather than require, the California Highway Patrol  
            (CHP) to activate the Yellow Alert system, if certain  
            requirements are met.


          2)Authorize CHP to prioritize activation of the Yellow Alert  
            system, based on certain factors, if multiple Yellow Alerts  
            are requested.










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          3)Add "indication that a hit-and-run suspect has fled the scene  
            utilizing the state highway system or is likely to be observed  
            by the public on the state highway system" as one of the  
            conditions that must be met before law enforcement can request  
            activation of the Yellow Alert system.


          4)Add a sunset date of January 1, 2019.


          5)Make related, clarifying amendments and defines additional  
            terms.


          AS PASSED BY THE ASSEMBLY, this bill:


          1)Defined 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)Authorized 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.


          3)Required 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 Senate Appropriations  
          Committee:


          1)Estimated one-time CHP costs of approximately $100,000 to  
            develop policies and procedures, provide training, and develop  
            resource materials for staff and law enforcement agencies for  








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            the new alert.  (Motor Vehicle Account) 


          2)Non-reimbursable local law enforcement costs to determine  
            whether specified conditions are met in order to request  
            activation of a Yellow Alert.  (local funds)


          3)Minor and absorbable ongoing CHP costs to confirm specified  
            conditions are met and issue Yellow Alerts on changeable  
            message signs.  (Motor Vehicle Account)


          COMMENTS:  The National Highway Traffic Safety Administration  
          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  








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          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 the 2013-14 Regular  
          Session, 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 this 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 this 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% 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.  









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          There is no opposition on file.


          Analysis Prepared by:                                             
                          Victoria Alvarez / TRANS. / (916) 319-2093  FN:  
          0001427