BILL ANALYSIS
SB 839
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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.
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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
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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