BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 839
                                                                  Page  1

          Date of Hearing:   August 4, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    SB 839 (Runner) - As Amended:  June 14, 2010 

          Policy Committee:                              Public  
          SafetyVote:  6-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill requires the California Highway Patrol (CHP), at the  
          request of a law enforcement agency, to activate the Emergency  
          Alert System (EAS) and issue a "blue alert" if a law enforcement  
          officer is killed, suffers serious bodily injury, or is  
          assaulted with a deadly weapon, and the suspect has fled the  
          scene of the offense and poses a threat. 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. 

          2)Provides that upon request of an authorized person at a law  
            enforcement agency that is investigating the killing or  
            assault of a law enforcement officer, the CHP shall activate  
            the EAS and issue a blue alert if all of the following  
            conditions are met: 

             a)   A law enforcement officer is 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 determines the suspect poses an  
               imminent threat.

             c)   A detailed description of the suspect's vehicle or  
               license plate is available. 

             d)   Public dissemination of information may help avoid harm  
               or apprehend the suspect.








                                                                  SB 839
                                                                  Page  2


             e)   The CHP has been designated to use the federally  
               authorized EAS for blue alerts. 

          3)Specifies the blue alert system shall use 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)Requires the CHP, by December 31, 2011, to augment the CHP's  
            public website to include a blue alert link describing the  
            blue alert process.  
           
           FISCAL EFFECT  

          Minor, if any, new state costs for blue alerts. According to the  
          CHP, the process prescribed by this bill is current practice. In  
          essence, this bill creates a name - blue alert - for current  
          practice.  
          According to the CHP, there have been two blue alerts in the  
          past five years. Based on Amber Alert experience, the average  
          cost of an alert is about $45,000.  
           
           COMMENTS  

           1)Rationale  . The author contends the proposed blue alert would  
            serve the same function as the  successful Amber Alert program  
            by quickly and effectively alerting thousands of people that  
            there is a criminal at large who has killed or assaulted a law  
            enforcement officer.   

           2)Current law  , commonly known as "Amber Alert," provides that if  
            an abduction has been reported to a law enforcement agency and  
            the agency determines that a child under the age of 17, 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 activation  
            of the Emergency Alert System within the appropriate local  
            area. 


            According to the CHP Web site: Amber Alert empowers law  








                                                                  SB 839
                                                                  Page  3

            enforcement, the media and the public by sending out  
            immediate, up-to-date information that aids in the child's  
            safe recovery. Using radio, television, the Internet, highway  
            information signs, and even cell phone networks, Amber Alerts  
            give the public the information needed to locate abducted  
            children. The program has helped in successfully recovering  
            more than 100 children since it was established statewide in  
            California in 2002. 


           3)Prior Legislation  . SB 38 (Alquist) would have developed a  
            missing senior person alert on or before January 1, 2011. SB  
            38 was held on this committee's Suspense File.   



           Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081