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