BILL ANALYSIS
SB 839
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Date of Hearing: June 22, 2010
Counsel: Nicole J. Hanson
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 839 (Runner) - As Amended: June 14, 2010
SUMMARY : Requires the California Highway Patrol (CHP), at the
request of an authorized person at a law enforcement agency, to
activate the Emergency Alert System (EAS) and issue a "blue
alert", as defined, if a law enforcement officer has been
killed, suffers serious bodily injury, or is assaulted with a
deadly weapon, the suspect has fled the scene of the offense,
and other specified conditions are met. Specifically, this
bill :
1)Defines "blue alert" as a quick response system designed to
issue and coordinate alerts following an attack upon a law
enforcement officer, as specified.
2)Provides that in addition to the circumstances described under
existing law, upon the request of an authorized person at a
law enforcement agency that is investigating an offense, the
CHP shall activate the EAS and issue a blue alert if all of
the following conditions are met:
a) A law enforcement officer has been killed, suffers
serious bodily injury, or is assaulted with a deadly
weapon, and the suspect has fled the scene of the offense;
b) A law enforcement agency investigating the offense has
determined that the suspect poses an imminent threat to the
public or other law enforcement personnel;
c) A detailed description of the suspect's vehicle or
license plate is available for broadcast;
d) Public dissemination of available information may help
avert further harm or accelerate apprehension of the
suspect; and,
e) The CHP has been designated to use the federally
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authorized EAS for the issuance of blue alerts.
3)Provides that the blue alert system incorporates a variety of
notification resources and developing technologies that may be
tailored to the circumstances and geography of the underlying
attack. The blue alert system shall utilize the
state-controlled Emergency Digital Information System (EDIS),
local digital signs, focused text, or other technologies, as
appropriate, in addition to the federal EAS, if authorized and
under conditions permitted by the Federal Government.
4)Directs, on or before December 31, 2011, the CHP to augment
the CHP's public Internet Web site to include a blue alert
link that describes the blue alert process, objectives, and
available quick responses. The Internet Web site shall
explain that the term "blue alert" will communicate that a law
enforcement officer has been attacked or killed and that the
scope of an alert will be tailored to the circumstances of the
offense and available technologies.
EXISTING LAW :
1)States that if an abduction has been reported to a law
enforcement agency and the agency determines that a child 17
years of age or younger, or an individual with a proven mental
or physical disability, has been abducted and is in imminent
danger of serious bodily injury or death and there is
information available that, if disseminated to the general
public, could assist in the safe recovery of the victim, the
agency, shall request the activation of the EAS within the
appropriate local area. [Government Code Section 85949(a).]
2)Provides that CHP in consultation with the Department of
Justice, as well as a representative from the California State
Sheriffs' Association, the California Police Chiefs'
Association and the California Police Officers' Association,
shall develop policies and procedures providing instruction
specifying how law enforcement agencies, broadcasters
participating in the EAS, and where appropriate, other
supplemental warning systems, shall proceed after qualifying
abduction has been reported to a law enforcement agency.
[Government Code Section 8594(b).]
FISCAL EFFECT : Unknown
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COMMENTS :
1)Author's Statement : According to the author of this bill, "SB
839 would allow the CHP to issue a Blue Alert, which is a
quick response system designed to issue and coordinate alerts
following an attack upon a law enforcement officer if the
following conditions are met:
a) "A law enforcement officer has been killed, suffers
serious bodily injury, or is assaulted with a deadly
weapon, and the suspect has fled the scene of the offense;
b) "A law enforcement agency investigating the offense has
determined that the suspect poses an imminent threat to the
public or other law enforcement personnel;
c) "A detailed description of the suspect's vehicle or
license plate is available for broadcast;
d) "Public dissemination of available information may help
avert further harm or accelerate apprehension of the
suspect; and,
e) "The CHP has been designated to use the federally
authorized EAS for the issuance of 'blue alerts.'
"Additionally, the Blue Alert response system shall employ the
broad-based EAS - after the federal government has established
a Blue Alert code - as well as EDIS, local digital signs,
focused cell phone text alerts, and all other appropriate
technologies.
"The proposed Blue Alert would serve the same function as the
highly successful AMBER Alert, namely, it would quickly and
effectively get many pairs of eyes looking for a criminal who
kills or assaults a law enforcement officer.
"It is common for law enforcement personnel at these crime
scenes to have some information about these violent
individuals, including a general description or a partial
license plate number, which emphasizes the need to use
California's existing emergency alert system to allow the
public to partner with law enforcement officials in the hunt
for criminals who are clearly a threat to society.
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"As the AMBER Alert system has demonstrated time and again
throughout the United States, a quick response is vital.
"Currently, Texas is the only state using Blue Alerts.
Okalahoma has legislation ready to be introduced.
"Allowing the CHP to employ the broad-based EAS - after the
federal government has established a Blue Alert code - as well
as EDIS, local digital signs, focused cell phone text alerts,
or other appropriate technologies to activate a Blue Alert
will ensure that its rare use is an efficient and
cost-effective way to bring together the necessary resources
to assist in quickly locating cop killers who often flee the
scene of the crime in a vehicle, as evidenced by the number of
multiple officers killed in Oakland and Seattle last year."
2)Argument in Support : According to the Riverside Sheriffs'
Association , Association for Los Angeles Deputy Sheriffs , and
the Los Angeles County Probation Officers' Union? AFSCME,
Local 685 , "The activation of California's EAS is not to be
taken lightly, nor have alerts become overwhelming in number,
but since its introduction, the ESA has greatly energized the
search for perpetrators of select crimes and gained assistance
from the general public in tracking down kidnap victims or
lost individuals with mental or physical disabilities who have
gone astray and need to be found for their own safety. Alerts
go out to the public warning of serious situations that need
instant attention, (abducted children need rescue, etc.).
These alerts benefit on-duty law enforcement when a giant
'posse' of the general public - thousands of citizens - comes
on board and join in a search with open eyes and ears as they
travel on our highways and back roads. They read the bold
alert signs and listen to the emergency call on the radio or
see it on television screens and silently deputize themselves.
The general public shies away from immediate danger for
themselves, but generally they want to help officers bring
justice and save lives. If an officer goes down, suffers
serious bodily injury, or is assaulted with a deadly weapon,
they, too, will be protected by the addition of a 'Blue
Alert.' Given the recent in California 'cop killings', this
legislation is both needed and timely."
3)Prior Legislation :
a) SB 38 (Alquist) would have developed a missing senior
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person alert on or before January 1, 2011. SB 38 was held
in the Assembly Committee on Appropriations.
b) AB 415 (Runner), Chapter 517, Statutes of 2002, requires
law enforcement agencies to use the EAS to assist recovery
efforts in child abduction cases.
c) HR 8 (Runner), adopted by the Assembly in 2002, requests
the Governor and the Office of Emergency Services to
implement the use of the emergency broadcast system into
the Child Abduction Regional Emergency Alert Program to
establish a program similar to the Amber Plan, Texas'
early-warning system to prevent child kidnappings.
d) SB 6 (Rainey), Chapter 579, Statutes of 1999, authorizes
an increase in the age at which local police and sheriff's
departments would be required to broadcast a missing
persons bulletin in its jurisdiction, without delay, from
under age 12 to under age 16.
REGISTERED SUPPORT / OPPOSITION :
Support
California Association of Highway Patrolmen
California Broadcasters Association
California Correctional Supervisors Organization
California State Sheriffs' Association
Los Angeles County District Attorney's Office
Los Angeles Police Protective League
Los Angeles Probation Officers' Unions, AFSCME, Local 685
Orange County Board of Supervisors
Peace Officers Research Association
Riverside Police Officers' Association
Riverside Sheriffs' Association
San Bernardino County Office of the Sheriff
Sheriff of Orange County, Sandra Hutchens
Opposition
None
Analysis Prepared by : Nicole J. Hanson / PUB. S. / (916)
319-3744
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