BILL ANALYSIS �
SB 1047
Page 1
Date of Hearing: June 19, 2012
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 1047 (Alquist) - As Amended: May 25, 2012
SUMMARY : Authorizes a law enforcement agency to request the
California Highway Patrol (CHP) to activate a "Silver Alert" if
a person 65 years of age or older is missing. Specifically,
this bill :
1)Provides that if a person is reported missing to law
enforcement agency, and the agency determines that specified
requirements are met, the agency may request the CHP to
activate a Silver Alert.
2)States that a law enforcement agency may request a Silver
Alert be activated if that agency determines that all of the
following conditions are met in regard to the investigation of
the missing person:
a) The missing person is 65 years of age or older.
b) The investigating law enforcement agency has utilized
all available local resources.
c) The law enforcement agency determines that that the
person has gone missing under unexplained or suspicious
circumstances.
d) 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 there are other factors indicating that the person may
be in peril.
e) There is information available that, if disseminated to
the public, could assist in the safe recovery of the
missing person.
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3)Defines a "Silver Alert" as a notification system, that can be
activated as specified, and is designed to issue and
coordinate alerts with respect to a person 65 years of age or
older who is reported missing.
4)Requires the CHP, upon activation of a Silver Alert, to assist
the investigating law enforcement agency by issuing a
be-on-the-lookout, an Emergency Digital Information Service
(EDIS) message, or an electronic flyer.
5)States that this section shall remain in effect only until
January 1, 2016, and as of that date is repealed , unless a
later enacted statute that is enacted before January 1, 2016,
deletes or extends that date.
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 Emergency Alert
System (EAS) within the appropriate local area. �Government
Code Section 85949(a).]
2)Provides that 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 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).]
3)Provides that in addition to the circumstances described under
existing law relating to "amber alerts", 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:
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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.
�Government Code Section 8594.5 (b).]
4)Defines a "blue alert" as a quick response system designed to
issue and coordinate alerts following an attack upon a law
enforcement officer, as specified. �Government Code Section
8594.5 (a).]
5)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 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. �Government Code Section 8594.5(c).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "At 4.5 million,
California has the largest number of seniors, age 65 or older,
in the nation, and due to the Silver Tsunami, that number is
expected to double to 9 million by 2030. However, when a
senior goes missing and has been determined by law enforcement
to be in danger (for example, a senior with Alzheimer's
Disease who has wandered away from home), California has no
uniform alert system to help with recovery. Missing seniors
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must be found quickly, because they have a 50% greater chance
of serious injury or death when they've been missing over 24
hours, due to exposure and missing much needed medications.
"SB 1047 will result in quicker recovery of missing seniors. At
the discretion of a local law enforcement agency, it may
request that the CHP activate a Silver Alert when it has
determined that a vulnerable senior, 65 years of age or older,
is missing, and information is available to help find this
person.
"A Silver Alert shall include any or all of three alert tools:
the EDIS; a 'be-on-the-lookout' notice; and an electronic
flyer (for example, a 'Critical Reach' flyer). A Silver Alert
would not, however, activate the EAS, which is only utilized
for AMBER Alerts and Blue Alerts.
"This legislation will not only establish a consistently applied
protocol to recover endangered seniors quickly but will also
bring public awareness to a growing need to protect an
increasing number of frail and vulnerable seniors."
2)H.R. 632 : On February 9, 2009, the House of Representatives
passed H.R. 632, which directs DOJ to establish a national
communications network to assist efforts to locate missing
senior citizens and authorizes such sums to carry out the
network. H.R. 632 also establishes a national coordinator for
the network to work with states to develop local Silver Alert
plans and establish voluntary guidelines. The coordinator
must consult with various entities including the Federal
Communications Commission, and state and local law
enforcement. Additionally, the coordinator must report to
Congress annually on the status and effectiveness of State
Silver Alert plans. H.R. 632 authorizes the appropriation of
$10 million annually over the 2009-2013 period for DOJ to make
grants to states for activities to support the network (known
as the Silver Alert program).
H.R. 632 reauthorizes a program where the Attorney General (AG)
may make competitive grants to organizations for the purpose
of maintaining a national, interconnected resource center and
clearinghouse for missing adults (also known as "Kristen's
Act"). Grants may also be used to train agencies and
organizations, provide assistance to families, and assist in
public notification efforts. The AG must also coordinate
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federally funded programs and encourage coordination between
state and local law enforcement, public agencies, and
nonprofits which receive grants. Four million dollars is
authorized for each year over the 2010-2020 period for this
purpose.
The idea behind H.R. 632 is that each year thousands of older
adults in the United States are missing as a result of foul
play or conditions such as dementia or Alzheimer's disease.
Such conditions often have the effect of leaving victims
disoriented and confused. It is estimated that over five
million Americans suffer from Alzheimer's, and 60% of these
persons are likely to wander from their homes. The
Alzheimer's Foundation of America states that 50% of such
wanderers risk illness, injury, or death if not located within
24 hours.
Currently, at least eight states (including Texas, Michigan,
Illinois, and California) have developed programs and laws to
locate missing adults. Kristen's Act was enacted in 2000 to
create a national database to search for missing adults as a
result of foul play. The law is named after Kristen
Modafferi, an 18-year-old Charlotte, North Carolina resident
who vanished in June 1997. The National Center for Missing
and Exploited Children was unable to help her family search
for Kristen because she was 18 and, thus, considered an adult.
3)Prior Legislation :
a) SB 839 (Runner), Chapter 311, Statutes of 2010, required
the CHP, at the request of an authorized person at a law
enforcement agency, to activate the 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.
b) SB 38 (Alquist), of the 2009-10 Legislative Session, was
similar to this bill as called for the development of a
missing senior person alert on or before January 1, 2011.
SB 38 was held on the Assembly Appropriations Committee's
Suspense File.
REGISTERED SUPPORT / OPPOSITION :
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Support
California Senior Legislature (Sponsor)
Alzheimer's Association
Area 4 Agency on Aging
California Commission on Aging
California Probation, Parole and Correctional Association
Congress of California Seniors
Contra Costa Advisory Council on Aging
San Joaquin County Commission on Aging
State Public Affairs Committee of the Junior League
Opposition
None
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744