Amended in Senate April 7, 2014

Senate Bill No. 1127

Introduced by begin delete Senator end delete begin insert Senators end insert Torres begin insert and Pavley end insert

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(Principal coauthor: Senator Pavley)

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February 19, 2014

An act begin insert to amend Section 8594.10 of the Government Code, end insert relating to emergency services.

LEGISLATIVE COUNSEL’S DIGEST

SB 1127, as amended, Torres. Emergency services: individuals with developmental disabilities begin insert and cognitive impairments end insert .

Existing law begin delete requires a law enforcement agency to activate the Emergency Alert System within the appropriate area if that 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 that person. Existing law also requires that end delete begin insert authorizes a law enforcement agency, end insert if a person is reported missing to begin delete a end delete begin insert the end insert law enforcement agency, and that agency determines that certain requirements are met, including, among others, that the missing person is 65 years of age or older, begin delete the law enforcement agency shall end delete begin insert to end insert request the California Highway Patrol to activate a Silver Alert, the notification system designed to issue and coordinate these alerts. begin insert Existing law requires the California Highway Patrol to activate a Silver Alert if it concurs with the law enforcement agency that those requirements are met, and to take certain actions, upon activation of a Silver Alert, to assist the agency investigating the disappearance. end insert

This bill would begin delete state the intent of the Legislature to enact legislation to establish a statewide quick response and notification system for individuals with developmental disabilities who are reported missing. end delete begin insert include a missing person who is developmentally disabled or cognitively impaired among the persons who may be the subject of a Silver Alert. end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 8594.10 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

8594.10.  

(a) For purposes of this section, “Silver Alert” means
a notification system, activated pursuant to subdivision (b),
designed to issue and coordinate alerts with respect to a person
who is 65 years of age or older begin insert , developmentally disabled, or
cognitively impaired, and end insert who is reported missing.

(b) (1) If a person is reported missing to a law enforcement
begin delete agency, end delete begin insert agency end insert and that agency determines that the requirements
of subdivision (c) are met, the agency may request the California
Highway Patrol to activate a Silver Alert. If the California Highway
Patrol concurs that the requirements of subdivision (c) are met, it
shall activate a Silver Alert within the geographical area requested
by the investigating law enforcement agency.

(2) Radio, television, and cable and satellite systems are
encouraged to, but not required to, cooperate with disseminating
the information contained in a Silver Alert.

(3) Upon activation of a Silver Alert, the California Highway
Patrol shall assist the investigating law enforcement agency by
issuing a be-on-the-lookout alert, an Emergency Digital
Information Service message, or an electronic flyer.

(c) 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:

(1) The missing person is 65 years of age or older begin insert , end insert
begin insert developmentally disabled, or cognitively impaired end insert .

(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, begin insert or end insert
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.

(5) There is information available that, if disseminated to the
public, could assist in the safe recovery of the missing person.

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(d) For purposes of this section, the following definitions have
the following meanings:

end insert begin insert

(1) “Developmentally disabled” means affected by a
developmental disability, as defined in subdivision (a) of Section
4512 of the Welfare and Institutions Code.

end insert begin insert

(2) “Cognitively impaired” means affected by a cognitive
impairment, as defined in Section 14522.4 of the Welfare and
Institutions Code.

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begin insert (e) end insert  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.

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SECTION 1.  

It is the intent of the Legislature to enact
legislation to establish a statewide quick response and notification
system for individuals with developmental disabilities who are
reported missing.

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