Amended in Assembly April 8, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 643


Introduced by Assembly Member Nazarian

February 24, 2015


An act to amend Section 8594.10 of the Government Code, relating to emergency services.

LEGISLATIVE COUNSEL’S DIGEST

AB 643, as amended, Nazarian. Emergency services: Silver Alerts.

Existing law authorizes a law enforcement agency to request thebegin delete alsoend deletebegin insert Department of theend insert California Highway Patrol to activate a Silver Alert, as defined, if the agency receives a report of a missing person who is 65 years of age or older, developmentally disabled, or cognitively impaired, and certain conditions are met, including that all local resources have been utilized and the disappearance is unexplained or suspicious. Upon concurrence by the Department of the California Highway Patrol that the precedent conditions have been met, existing law requires the patrol to issue the alert, which may take the form of a be-on-the-lookout alert, an Emergency Digital Information Service message, or an electronic flyer, within a specified geographical area.

This bill would authorize the Silver Alert to be made by changeable message signbegin insert ifend insertbegin insert a law enforcement agency determines that a vehicle may be involved in the missing person incident and specific vehicle identification data is available for public disseminationend insert.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 8594.10 of the Government Code is
2amended to read:

3

8594.10.  

(a) For purposes of this section, “Silver Alert” means
4a notification system, activated pursuant to subdivision (b),
5designed to issue and coordinate alerts with respect to a person
6who is 65 years of age or older, developmentally disabled, or
7cognitively impaired, and who is reported missing.

8(b) (1) If a person is reported missing to a law enforcement
9agency and that agency determines that the requirements of
10subdivision (c) are met, the agency may request the Department
11of the California Highway Patrol to activate a Silver Alert. If the
12Department of the California Highway Patrol concurs that the
13requirements of subdivision (c) are met, it shall activate a Silver
14Alert within the geographical area requested by the investigating
15law enforcement agency.

16(2) Radio, television, and cable and satellite systems are
17encouraged to, but not required to, cooperate with disseminating
18the information contained in a Silver Alert.

19(3) Upon activation of a Silver Alert, the Department of the
20California Highway Patrol shall assist the investigating law
21enforcement agency by issuing a be-on-the-lookout alert, an
22Emergency Digital Information Service message,begin delete a changeable
23message sign, orend delete
an electronic flyerbegin insert, or a changeable message sign
24in compliance with paragraph (4)end insert
.

begin insert

25(4) Upon activation of a Silver Alert, the Department of the
26California Highway Patrol may use a changeable message sign
27if both of the following conditions are met:

end insert
begin insert

28(A) A law enforcement agency determines that a vehicle may
29be involved in the missing person incident.

end insert
begin insert

30(B) Specific vehicle identification is available for public
31dissemination.

end insert

32(c) A law enforcement agency may request a Silver Alert be
33activated if that agency determines that all of the following
34conditions are met in regard to the investigation of the missing
35person:

36(1) The missing person is 65 years of age or older,
37developmentally disabled, or cognitively impaired.

P3    1(2) The investigating law enforcement agency has utilized all
2available local resources.

3(3) The law enforcement agency determines that the person has
4gone missing under unexplained or suspicious circumstances.

5(4) The law enforcement agency believes that the person is in
6danger because of age, health, mental or physical disability, or
7environment or weather conditions, that the person is in the
8company of a potentially dangerous person, or that there are other
9factors indicating that the person may be in peril.

10(5) There is information available that, if disseminated to the
11public, could assist in the safe recovery of the missing person.

12(d) For purposes of this section, the following definitions have
13the following meanings:

14(1) “Developmentally disabled” means affected by a
15developmental disability, as defined in subdivision (a) of Section
164512 of the Welfare and Institutions Code.

17(2) “Cognitively impaired” means affected by a cognitive
18impairment, as defined in Section 14522.4 of the Welfare and
19Institutions Code.



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