Amended in Senate July 6, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 8

Introduced by Assembly Member Gatto

December 1, 2014

An act to begin delete add end delete begin insert add and repeal end insert Section 8594.15 to the Government Code, relating to emergency services.

LEGISLATIVE COUNSEL’S DIGEST

AB 8, as amended, Gatto. Emergency services: hit-and-run incidents.

Existing law authorizes use of the Emergency Alert System to inform the public of local, state, and national emergencies. Existing law 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 authorizes the issuance and coordination of a Blue Alert following an attack upon a law enforcement officer or a Silver Alert relating to a person who is 65 years of age or older who is reported missing.

This bill would authorize a law enforcement agency to issue a Yellow Alert if a person has been killed or has suffered serious bodily injury due to a hit-and-run incident and the law enforcement agency has specified information concerning the suspect or the suspect’s vehicle. The bill would begin delete require end delete begin insert authorize end insert the Department of the California Highway Patrol to activate a Yellow Alert within the requested geographic area upon request if it concurs with the law enforcement agency that specified requirements are met.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

Section 8594.15 is added to the Government
Code, to read:

8594.15.  

(a) For purposes of this section, begin delete “Yellow end delete begin insert the
following terms have the following meanings: end insert

begin insert

(1) “Serious bodily injury” means an injury that involves, either
at the time of the actual injury or at a later time, a substantial risk
of serious and permanent disfigurement, a substantial risk of
protracted loss or impairment of the function of any part of the
body, or a break, fracture, or burn of the second or third degree.

end insert

begin insert (2) end insert begin insert   end insert begin insert “Yellow end insert Alert” means a notification system, activated
pursuant to subdivision (b), designed to issue and coordinate alerts
with respect to a hit-and-run incident resulting in the death or injury
of a person as described in Section 20001 of the Vehicle Code.

(b) (1) If a hit-and-run incident is reported to a law enforcement
agency, and that agency determines that the requirements of
subdivision (c) are met, the agency may request the Department
of the California Highway Patrol to activate a Yellow Alert. If the
Department of the California Highway Patrol concurs that the
requirements of subdivision (c) are met, it begin delete shall end delete begin insert may end insert activate a
Yellow Alert within the geographic area requested by the
investigating law enforcement agency.

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

(3) Upon activation of a Yellow Alert, the Department of the
California Highway Patrol shall assist the investigating law
enforcement agency by issuing the Yellow Alert via a begin delete local digital
sign. end delete begin insert changeable message sign. end insert

begin insert

(4) If there are multiple Yellow Alerts requested, the Department
of the California Highway Patrol may prioritize the activation of
alerts based on any factor including, but not limited to, the severity
of the injury, the time elapsed between a hit-and-run incident and
the request, or the likelihood that an activation would reasonably
lead to the apprehension of a suspect.

end insert

(c) A law enforcement agency may request that a Yellow Alert
be activated if that agency determines that all of the following
conditions are met in regard to the investigation of the hit-and-run
incident:

(1) A person has been killed or has suffered serious bodily injury
due to a hit-and-run incident.

begin insert

(2) There is an indication that a suspect has fled the scene
utilizing the state highway system or is likely to be observed by
the public on the state highway system.

end insert begin delete

(2)

end delete

begin insert (3) end insert  The investigating law enforcement agency has additional
information concerning the suspect or the suspect’s vehicle,
including, but not limited to, any of the following:

(A) The complete license plate number of the suspect’s vehicle.

(B) A partial license plate number and begin insert additional unique
identifying characteristics, such as end insert the make, model, and color of
the suspect’s begin delete vehicle. end delete begin insert vehicle, which could reasonably lead to the
apprehension of the suspect. end insert

(C) The identity of the suspect.

begin delete

(3)

end delete

begin insert (4) end insert  Public dissemination of available information could either
help avert further harm or accelerate apprehension of the begin delete suspect. end delete
begin insert suspect based on any factor including, but not limited to, the
severity of the injury, the time elapsed between a hit-and-run
incident and the request, or the likelihood that an activation would
reasonably lead to the apprehension of a suspect. end insert

begin insert

(d) This section shall remain in effect only until January 1, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.

end insert