BILL ANALYSIS �
SB 1047
Page 1
SENATE THIRD READING
SB 1047 (Alquist and Correa)
As Amended August 20, 2012
Majority vote
SENATE VOTE :37-1
PUBLIC SAFETY 4-0 APPROPRIATIONS 16-0
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|Ayes:|Ammiano, Hagman, |Ayes:|Gatto, Harkey, |
| |Mitchell, Skinner | |Blumenfield, Bradford, |
| | | |Charles Calderon, Campos, |
| | | |Davis, Fuentes, Hall, |
| | | |Hill, Cedillo, Mitchell, |
| | | |Nielsen, Norby, Solorio, |
| | | |Wagner |
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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. If the CHP concurs that the
requirements are met, it shall activate the silver Alert in
the geographical area requested by the investigating law
enforcement area.
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
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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.
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.
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
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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.
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:
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.
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.
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.
FISCAL EFFECT : According to the Assembly Appropriations
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Committee, one-time special fund costs, potentially in excess of
$150,000, for CHP to develop policies and procedures regarding
Silver Alerts. These costs assume informational technology
enhancements, and materials.
COMMENTS : 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 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."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
FN: 0005004
SB 1047
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