BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                         AB 8


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          ASSEMBLY THIRD READING


          AB  
          8 (Gatto)


          As Introduced  December 1, 2014


          Majority vote


           -------------------------------------------------------------------- 
          |Committee       |Votes |Ayes                   |Noes                |
          |----------------+------+-----------------------+--------------------|
          |Transportation  |16-0  |Frazier, Achadjian,    |                    |
          |                |      |Baker, Bloom, Campos,  |                    |
          |                |      |Chu, Daly, Dodd,       |                    |
          |                |      |Eduardo Garcia, Gomez, |                    |
          |                |      |Kim, Linder, Medina,   |                    |
          |                |      |Melendez, Nazarian,    |                    |
          |                |      |O'Donnell              |                    |
          |                |      |                       |                    |
          |----------------+------+-----------------------+--------------------|
          |Public Safety   |7-0   |Quirk, Melendez,       |                    |
          |                |      |Jones-Sawyer, Lackey,  |                    |
          |                |      |Low, Santiago, Weber   |                    |
          |                |      |                       |                    |
          |----------------+------+-----------------------+--------------------|
          |Appropriations  |17-0  |Gomez, Bigelow, Bonta, |                    |
          |                |      |Calderon, Chang, Daly, |                    |
          |                |      |Eggman, Gallagher,     |                    |
          |                |      |Eduardo Garcia,        |                    |
          |                |      |Gordon, Holden, Jones, |                    |
          |                |      |Quirk, Rendon, Wagner, |                    |
          |                |      |Weber, Wood            |                    |
           -------------------------------------------------------------------- 









                                                                         AB 8


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          SUMMARY:  Establishes the "Yellow Alert" notification system  
          (similar to "Amber Alert") and authorizes activation of the system  
          for certain hit-and-run incidents.  Specifically, this bill:  
          1)Defines a "Yellow Alert" as a notification system designed to  
            issue and coordinate alerts that enlist the public in locating  
            hit-and-run suspects when a hit-and-run incident results in  
            death or injury.
          2)Authorizes a law enforcement agency to request that the  
            California Highway Patrol (CHP) activate a Yellow Alert if  
            certain identifying information about the hit-and-run suspect or  
            the suspect's vehicle is available and if law enforcement  
            believes that public dissemination of the available information  
            will aid in apprehending the suspect or averting further harm.


          3)Requires CHP, if they concur that Yellow Alert activation  
            requirements are met, to issue a Yellow Alert via local digital  
            signs within the geographic area requested by the investigating  
            law enforcement agency.


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee:


          1)One-time special fund costs of around $100,000 for the CHP to  
            develop policies and procedures, provide training, and develop  
            resource materials for staff and law enforcement agencies for  
            the new alert.  [Motor Vehicle Account (MVA)]
          2)First-year MVA costs of $500,000 and ongoing costs of $340,000  
            to the CHP for two positions to confirm information, as well as  
            activate and staff Yellow Alerts upon request of local law  
            enforcement agencies.  Costs would be dependent on the volume of  
            hit and run accidents triggering Yellow Alert activation  
            requests.


          COMMENTS:  The National Highway Traffic Safety Administration  








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          reports that the number of hit-and-run accidents is increasing  
          nationally.  According to the American Automobile Association  
          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)  








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          Chapter 440, Statutes of 2014, to include missing persons who are  
          developmentally disabled or cognitively impaired.


          This bill is identical to AB 47 (Gatto), of 2014, which passed  
          with bi-partisan support but was vetoed by the Governor.  In his  
          veto message, Governor Brown noted that since SB 1127 added a new  
          class of individuals to the existing alert system, adding yet  
          another category (hit-and-run suspects) could overload the alert  
          system, thereby diluting its effectiveness.  Given that SB 1127  
          just recently took effect (January 1, 2015), it is unclear what  
          result adding this new category of individuals (developmentally  
          disabled or cognitively impaired) will have.  According to CHP,  
          there has been only one "Silver Alert" system activation to date  
          under the new law but it remains to be seen if there will be an  
          increase over time.  


          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. 



          Please see the policy committee analysis for full discussion of  
          this bill.




          Analysis Prepared by:                                               








                                                                         AB 8


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                          Victoria Alvarez / TRANS. / (916) 319-2093  FN:  
          0000585