BILL ANALYSIS �
SB 1127
Page 1
Date of Hearing: June 10, 2014
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 1127 (Torres) - As Amended: April 7, 2014
SUMMARY : Authorizes a law enforcement agency to request the
California Highway Patrol to activate a "Silver Alert" when a
developmentally disabled or cognitively impaired person is
reported missing, and specified conditions are met.
EXISTING LAW :
1)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. (Gov. Code � 8594.10, subd.
(a).)
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 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
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the public, could assist in the safe recovery of the
missing person. (Gov. Code � 8594.10, subd. (c).)
3)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. (Gov. Code �
8594, subd. (a).)
4)Provides that California Highway Patrol (CHP) in consultation
with the Department of Justice, 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. (Gov. Code � 8594, subd. (b).)
5)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
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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. (Gov. Code
� 8594.5, subd. (b).)
6)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. [Gov. Code Section 8594.5
(a).]
7)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 Emergency Digital Information System, 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. (Gov.
Code � 8594.5 subd. (c).)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "SB 1127 is a
common-sense approach, using California's existing
infrastructure, to address a serious problem for individuals
with Autism Spectrum Disorder developmental disabilities,
Alzheimer's and other forms of cognitive impairment. SB 1127
is an important and innovative approach to highlight the
life-threatening problem of wandering and missing individuals
who are challenged with developmental disabilities or
cognitive impairment."
2)What This Bill Does : Authorizes a law enforcement agency to
request the CHP to activate a "Silver Alert" when a
developmentally disabled or cognitively impaired person is
reported missing, and specified conditions are met. The bill
defines "developmentally disabled" to mean affected by a
developmental disability as defined in Welf. & Inst. Code, �
4512. Welf. & Inst. Code, � 4512 defines "developmental
disability" to mean a disability that originates before an
individual attains 18 years of age; continues, or can be
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expected to continue, indefinitely; and constitutes a
substantial disability for that individual. As defined by the
Director of Developmental Services, in consultation with the
Superintendent of Public Instruction, this term shall include
intellectual disability, cerebral palsy, epilepsy, and autism.
This term shall also include disabling conditions found to be
closely related to intellectual disability or to require
treatment similar to that required for individuals with an
intellectual disability, but shall not include other
handicapping conditions that are solely physical in nature.
This bill defines "cognitively impaired" to mean to be affected
by a cognitive impairment as defined in Welf. & Inst. Code, �
14522.4. Welf. & Inst. Code, � 14522.4 defines "cognitive
impairment" to mean the loss or deterioration of intellectual
capacity characterized by impairments in short- or long-term
memory, language, concentration and attention, orientation to
people, place, or time, visual-spatial abilities or executive
functions, or both, including, but not limited to, judgment,
reasoning, or the ability to inhibit behaviors that
interfere with social, occupational, or everyday functioning
due to conditions, including, but not limited to, mild
cognitive impairment, Alzheimer's disease or other form of
dementia, or brain injury.
REGISTERED SUPPORT / OPPOSITION :
Support
Association of Regional Center Agencies
Alzheimer's Association
Help Group
Opposition
None
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744