BILL ANALYSIS Ó
AB 8
Page 1
Date of Hearing: April 28, 2015
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Bill Quirk, Chair
AB
8 (Gatto) - As Introduced December 1, 2014
SUMMARY: Authorizes 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 regarding the
suspect or the suspect's vehicle.
Specifically, this bill:
1)Provide that if a hit-and-run incident is reported to a law
enforcement agency and that agency determines that specified
requirements are met, the agency may request the California
Highway Patrol (CHP) to activate a Yellow Alert. If the CHP
concurs that the specified requirements are met, it shall
activate a Yellow Alert in the geographic area requested by
the investigating agency.
2)Define a "Yellow Alert" to mean a notification system
activated by the CHP, at the request of a local law
enforcement agency, designed to issue and coordinate alerts
with respect to a hit-and-run incident resulting in death or
serious bodily injury to a person.
3)Authorizes a law enforcement agency to request that a Yellow
Alert be activated if the agency determines the following
conditions are met in regard to the investigation of the
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hit-and-run incident:
a) A person has been killed or has suffered serious bodily
injury due to a hit-and-run incident;
b) 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:
i) The complete license plate number of the suspect's
vehicle;
ii) A partial license plate number and the make, model,
and color of the suspect's vehicle; or,
iii) The identity of the suspect.
c) Public dissemination of available information could
either help avert further harm or accelerate the
apprehension of the suspect.
4)State that radio, television, and cable and satellite systems
are encouraged, but are not required, to cooperate with
disseminating the information contained in a Yellow Alert.
5)Require the CHP, upon activation of a Yellow Alert, to assist
the investigating law enforcement agency by issuing the Yellow
Alert via a local digital sign.
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, through a person authorized to activate the Emergency
Alert System (EAS), shall request the activation of the EAS
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within the appropriate local area. (Gov. Code, § 8594, subd.
(a).)
2)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 instructions 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).)
3)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, § 8594.5,
subd. (a).)
4)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. (Gov.
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Code, § 8594.5, subd. (b).)
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 Emergency Digital Information System, (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. (Gov.
Code, § 8594.5, subd. (c).)
6)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).
7)Provides that if a person is reported missing to a law
enforcement agency, and that agency determines that specified
requirements are met, The agency may request the CHP to
activate a "Silver Alert". If the CHP concurs that the
specified requirements are met, it shall activate a "Silver
Alert" within the geographical area requested by the
investigating law enforcement agency. (Gov. Code, § 8594.10,
subd. (c).)
8)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.
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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. (Gov. Code, § 8594.10, subd. (c).)
FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "These are
crimes which, by their nature, occur at a high rate of speed
and with clear means for fleeing the scene. The public is
almost always needed to catch those who leave fellow citizens
dying on the side of the road, and AB 47 will allow us to do
so promptly, before the perpetrator can get away and cover up
the evidence.
"Nationwide, less than half of all hit-and-run offenders are
apprehended. In Los Angeles, the arrest rate for fatal
hit-and-runs is only 20%. Denver, Colorado created a similar
alert system in 2012, which it called the "Medina Alert,"
named for Jose Medina, the victim of a deadly hit-and-run in
2011. Of the seventeen cases that have prompted Medina Alerts
in Denver, thirteen have been solved, an incredible 76%
success rate. On March 25, Colorado's Governor signed
legislation expanding the Medina Alert statewide.
"Accidents happen, but if you don't stop, it becomes a crime.
This is a sensible bill that will use extant
public-information systems to make our streets safer."
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2)Background: The National Highway Traffic Safety
Administration reports that the number of hit-and-run
accidents is increasing nationally. According to the AAA
Foundation for Traffic Safety, one in five of all pedestrian
fatalities involve hit-and-run accidents and 60% of
hit-and-run fatalities have pedestrian victims. Additionally,
USA Today writes that in 2013 an estimated 20,000 hit-and-run
incidents occur each year in the City of Los Angeles alone and
4,000 of these incidents involved injuries or death.
To address this problem, the author has introduced this bill,
which is modeled after legislation in Colorado ("Medina
Alert") that has been instrumental in locating hit-and-run
suspects. Specifically, this bill would create a "Yellow
Alert" notification system, similar to California's successful
"Amber Alert" system, that would authorize CHP to activate
digital highway signage (as well as other electronic messaging
systems) when there is information available to locate
hit-and-run suspects. The "Yellow Alert" notification system
would provide the public with information about the
hit-and-run suspect and/or the suspect's vehicle and request
that the public be on the lookout and report information to
law enforcement.
There are a number of similar alert systems already in use in
California. The first alert system developed in California
was "Amber Alert", established by AB 415, (Runner) Chapter
517, Statutes of 2002, that authorized law enforcement
agencies to use the digital messaging on overhead roadway
signs to assist in recovery efforts for child abduction cases.
Following on the success of the "Amber Alert" program, the
"Blue Alert" and the "Silver Alert" notification systems were
developed. The "Blue Alert" system, established by SB 839
(Runner), Chapter 311, Statutes of 2010, provides for public
notification when a law enforcement officer has been attacked
and the "Silver Alert" notification system, established by SB
1047 (Alquist), Chapter 651, Statutes of 2012, provides for
public notification when a person age 65 years or older is
missing. The "Silver Alert" system was recently broadened
with the passage of SB 1127 (Torres) Chapter 440, Statutes of
2014, to include missing persons who are developmentally
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disabled or cognitively impaired.
Supporters of the bill include local jurisdictions as well as
a number bicycle and pedestrian groups. Bicycle and
pedestrian groups, note that using California's network of
changeable message signs to locate hit-and-run suspects would
provide a simple yet effective way to solve, and possibly
deter, this type of crime. Also writing in support of the
bill, Eric Garcetti, Mayor of the City of Los Angeles, notes
that the "Medina Alert" system in Colorado has led to the
arrest of 76 percent of hit-and-run fugitives and that this
bill would help local law enforcement achieve similar results
and give hope to families and victims of hit-and-run
accidents.
Commenting on AB 47 (Gatto, 2014) last year, the Department of
Finance noted that creating a "Yellow Alert" notification
system would be duplicative of current "Be On the Look Out"
and "APBnet" systems already in use. Specifically, these
systems enable officers to quickly create photo bulletins and
distribute them to any number of targeted recipients including
law enforcement agencies and individuals in specific
communities (city, county, state). Systems such as APBnet are
widely available to law enforcement and have been in use since
1995. APBnet allows photo bulletins (with photos and
information about suspects, stolen property, etc.) to be sent
across multiple jurisdictions and to communities to help solve
crimes and arrest suspected criminals.
3)Governor's Veto Message: AB 47 (Gatto) of the 2014
Legislative Session was identical to this bill and was vetoed
by the Governor. The Governor, in his veto message stated, "I
am returning Assembly Bill AB 47 without my signature."
"This bill would establish a 'Yellow Alert' notification system,
which could be activated in response to a hit-and-run
incident."
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"I have just signed SB 1127, to add developmentally disabled
persons to the missing
persons alert system. This expansion should be tested before
adding more categories of individuals that could overload the
system."
4)Prior Legislation:
a) SB 1127 (Torres), Chapter 440, Statutes of 2014,
authorized 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.
b) AB 535 (Quirk), Chapter 328, Statutes of 2013, provided
that for the activation of the EAS where law enforcement
receives a report that an abduction has occurred. An
abductor may include a custodial parent or guardian where
the abducted child is in imminent danger of serious bodily
injury or death.
c) SB 1047 (Alquist), Chapter 651, Statutes of 2012,
authorized a law enforcement agency to request CHP to
activate a "Silver Alert" if a person 65 years of age or
older is missing.
d) 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.
e) SB 38 (Alquist), of the 2009-2010 Legislative Session,
would have authorized a law enforcement agency to request
the CHP to activate the EAS and issue a "Silver Alert" if a
person 65 years of age or older is missing. SB 38 was held
on the Assembly Appropriations Committee's Suspense File.
f) AB 415 (Runner), Chapter 517, Statutes of 2002, required
law enforcement to activate the EAS and issue an "Amber
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Alert" to assist recovery efforts in child abduction cases
by disseminating Information to the general public.
REGISTERED SUPPORT / OPPOSITION:
Support
Association of Orange County Deputy Sheriffs
Los Angeles County Bicycle Coalition
San Diego County Bicycle Coalition
California Walks
ABATE of California
California Bicycle Coalition
Inland Empire Biking Alliance
People Power of Santa Cruz County
Sacramento Area Bicycle Advocates
Safe Routes to School National Partnership
Coalition for Sustainable Transportation
Silicon Valley Bicycle Coalition
Marin County Bicycle Coalition
Eric Garcetti, Mayor of the City of Los Angeles
Walk & Bike Mendocino
Opposition
None
Analysis Prepared
by: Gregory Pagan / PUB. S. / (916) 319-3744