BILL ANALYSIS �
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THIRD READING
Bill No: SB 1047
Author: Alquist (D), et al.
Amended: 5/25/12
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-1, 4/10/12
AYES: Hancock, Calderon, Harman, Liu, Price, Steinberg
NOES: Anderson
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/24/12
AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price,
Steinberg
SUBJECT : Emergency services: Silver Alert notification
system
SOURCE : California Senior Legislature
DIGEST : This bill establishes a Silver Alert
notification system designed to issue and coordinate alerts
to inform the public when a person who is 65 years or older
is missing, as specified. This program will remain in
effect until January 1, 2016.
ANALYSIS : Existing 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
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
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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
Emergency Alert System (EAS) within the appropriate local
area. (Government Code � 8594 (a))
Existing law provides that the Department of the California
Highway Patrol (CHP), in consultation with the Department
of Justice (DOJ) as well as a representative from the
California State Sheriffs' Association, the California
Police Chiefs' Association and the California Peace
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 a qualifying abduction has
been reported to a law enforcement agency. (Government
Code � 8594 (b))
Existing law generally provides that "Blue Alert" means a
quick response system designed to issue and coordinate
alerts following an attack upon a law enforcement officer.
(Government Code � 8594.5 (a))
Existing law provides that upon the request of an
authorized person at a law enforcement agency that is
investigating an offense where 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, the CHP shall activate the EAS
and issue a Blue Alert if all of the following conditions
are met:
1. 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.
2. A law enforcement agency investigating the offense has
determined that the suspect poses an imminent threat to
the public or other law enforcement personnel.
3. A detailed description of the suspect's vehicle or
license plate is available for broadcast.
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4. Public dissemination of available information may help
avert further harm or accelerate apprehension of the
suspect.
5. The CHP has been designated to use the federally
authorized EAS for the issuance of blue alerts.
(Government Code � 8594.5 (b))
This bill provides that a "Silver Alert" means a
notification system designed to issue and coordinate alerts
with respect to a person who is 65 years of age or older
who is reported missing.
Specifically, this bill provides that if a person is
reported missing to a law enforcement agency, that law
enforcement agency may request the CHP to activate a
"Silver Alert" if that agency determines that the following
requirements are met:
1. The missing person is 65 years of age or older;
2. The investigating law enforcement agency has utilized
all available local resources;
3. The law enforcement agency determines that the person
has gone missing under unexplained or suspicious
circumstances;
4. The law enforcement agency believes that the person is
in danger because of age, health, mental or physical
disability, environment or weather conditions, that the
person is in the company of a potentially dangerous
person, or that there are other factors indicating that
the person may be in peril; and
5. There is information that, if disseminated to the public
could assist in the safe recovery of the missing person.
This bill provides that the CHP may activate a Silver Alert
within the geographical area requested by the investigating
law enforcement agency.
This bill provides that upon activation of a Silver Alert,
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the CHP shall assist the investigating law enforcement
agency by issuing a be-on-the-lookout, an Emergency
Information Service message, or an electronic flyer.
This bill provides that radio, television, and cable and
satellite systems are encouraged to, but not required to,
cooperate with disseminating the information contained in a
Silver Alert.
This bill provides that the Silver Alert program shall
remain in effect until January 1, 2016, unless a later
enacted statute, that is enacted before
January 1, 2016, deletes or extends that date.
Comments
The Silver Alert system proposed by this bill would use the
same resources required under the existing alert systems,
except a Silver Alert would not activate the EAS where the
messages are preceded and concluded with alert tones.
According to the CHP, 190 Amber Alerts have been activated,
which is an average of approximately two Amber Alerts per
month. Although the Silver Alert system would not trigger
the EAS, it would use the same types of broadcasts and sign
notifications.
Prior legislation . SB 839 (Runner), Chapter 311, Statutes
of 2010, passed the Senate (34-0) on August 19, 2010.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
One-time costs in the range of $150,000 (Motor Vehicle
Account) for the CHP to develop policies and procedures,
provide training and develop resource materials for staff
and local law enforcement agencies.
To the extent the number of Silver Alert requests and
activations exceeds the number of Endangered Missing
Advisories (EMAs) currently issued for missing seniors,
the CHP would incur ongoing increased workload for
staffing Silver Alerts of an unknown, but potentially
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significant amount (Motor Vehicle Account).
Unknown, potential indirect cost pressure on the
Emergency Digital Information System (EDIS) message
system to the extent there are a significant number of
Silver Alert activations, thereby increasing the volume
of EDIS messages generated.
SUPPORT : (Verified 5/24/12)
California Senior Legislature (source)
Alzheimer's Association
Area 4 Agency on Aging
California Probation, Parole and Correctional Association
Congress of California Seniors
Contra Costa County Advisory Council on Aging
Junior League of California
ARGUMENTS IN SUPPORT : According to the author:
Despite the fact that vulnerable people, especially those
with Alzheimer's disease or related dementia, go missing
every day, there is no statewide protocol to help find
them. Without a consistent alert system implemented by
law enforcement to quickly recover these individuals who
are at risk of disorientation and harm, they may fall
prey to depraved individuals, exposure, or other
environmental factors.
It is estimated that over 500,000 individuals in
California have Alzheimer's, and that number is expected
to rise steadily as Baby Boomers live longer. Sixty
percent of these individuals will wander at some point in
their lives. The first 24 hours are critical. If not
found within 24 hours, up to half of wandering seniors
with dementia suffers serious injury or death, according
to the Alzheimer's Association. While most seniors who
have wandered are found before it is too late, SB 1047
would ensure that a safety net exists for those who are
not so quickly recovered.
RJG:mw 5/24/12 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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