BILL ANALYSIS Ó
AB 643
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Date of Hearing: April 6, 2015
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
AB 643
(Nazarian) - As Amended April 8, 2015
SUBJECT: Emergency services: Silver Alerts.
SUMMARY: Authorizes the use of changeable messages signs to
disseminate information regarding a Silver Alert if law
enforcement determines that a vehicle may be involved in the
incident and if specific vehicle information is available.
EXISTING LAW:
1)At the federal level, establishes 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 to provide the
communications capability to the President to address the
American public during a national emergency. State and local
authorities may also use the system to deliver important
emergency information.
2)Authorizes use of the EAS for "Amber Alerts," a program
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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.
3)Requires the California Highway Patrol (CHP), in consultation
with others, to develop policies and procedures to instruct
agencies how to carry out an Amber Alert.
4)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
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c) There is information available that, if disseminated to
the general public, could help avert further harm or
accelerate apprehension of the suspect.
5)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
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.
6)Directs CHP, upon activation of a Silver Alert, to issue a
be-on-the-lookout alert, an Emergency Digital Information
Service message, or and electronic flyer.
FISCAL EFFECT: Unknown
COMMENTS: AB 415 (Runner), Chapter 517, Statutes of 2002,
created California's Amber Alert program and authorized law
enforcement agencies to use the national EAS to disseminate
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relevant child abduction information.
Following on the success of the Amber Alert program, the Blue
Alert and the Silver Alert programs were developed. The Blue
Alert program, established by SB 839 (Runner), Chapter 311,
Statutes of 2010, also uses the EAS to provide for public
notification when a law enforcement officer has been attacked.
The Silver Alert program, originally established by SB 1047
(Alquist), Chapter 651, Statutes of 2012, provides for public
notification when a person who is age 65 years or older,
developmentally disabled, or cognitively impaired is missing.
The Silver Alert program differs notably from the Amber Alert
and Blue Alert programs. In the event a Silver Alert is issued,
the CHP may use any of the following resources:
a)Be-On-The-Lookout (BOLO): These announcements are broadcast by
CHP communication centers to CHP personnel located in the
affected areas. BOLOs contain suspect, victim, and vehicle
information, if available.
b)Emergency Digital Information Service: This service provides
local, state, and federal law enforcement agencies with a
direct computer link to media outlets and other law
enforcement agencies.
c)APBnet: This is an image-based system operated a by
non-profit organization and links state, county, and local law
enforcement. The system captures and immediately distributes
color photographs and images to law enforcement agencies, the
media, and other organizations.
Existing law does not authorize use of the EAS or changeable
message signs for Silver Alerts.
California has 790 changeable message signs on state highways
that are governed by both federal and California regulations.
These regulations generally limit the use of changeable message
signs to traffic operations, regulatory, warning and guidance
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information. Additionally, the signs are used for Amber Alerts
and Blue Alerts.
The author has introduced this measure to improve the
effectiveness of the Silver Alert program. He notes that
Californians drive over 300 billion miles annually and,
consequently, have frequent exposure to changeable message
signs, primarily along the state's freeway corridors. In
authorizing the use of these changeable message signs to
disseminate information regarding Silver Alerts, the author
hopes this exposure will lead to the safe return of missing
persons.
Double referral: This bill will be referred to the Assembly
Aging and Long Term Care Committee should it pass out of this
committee.
Related legislation: AB 8 (Gato) authorizes CHP to assist other
law enforcement agencies in investigating certain hit-and-run
incidents by issuing a "Yellow Alert" via a local digital sign.
AB 8 passed out of Assembly Transportation unanimously and was
referred to the Assembly Public Safety Committee.
AB 400 (Alejo) authorizes the use of changeable message signs
for voter registration and Election Day reminders. The bill
passed out of the Assembly Transportation Committee 13-2 and is
currently in the Assembly Appropriations Committee.
Previous legislation: AB 47 (Gatto) of 2014 was identical to
this session's AB 8. It 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.
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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, created the
"Silver Alert" notification system designed to issue and
coordinate alerts to inform the public when a person who is age
65 years or older is missing.
SB 839 (Runner) Chapter 311, Statutes of 2010, created the "Blue
Alert" notification system to notify the public when a law
enforcement office has been attacked.
AB 415 (Runner) Chapter 517, Statutes of 2002, established
"Amber Alert" system which authorized law enforcement agencies
to use the emergency alert system to assist recovery efforts in
child abduction cases.
REGISTERED SUPPORT / OPPOSITION:
Support
California Senior Legislature (Sponsor)
Association of Regional Center Agencies
California Assisted Living Association
California College and University Police Chiefs
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California Long-Term Care Ombudsman Association
Center for Autism & Related Disorders
Opposition
None on file
Analysis Prepared by:Janet Dawson / TRANS. / (916) 319-2093