Bill Text: CA AB535 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Emergency Alert System.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-09-23 - Chaptered by Secretary of State - Chapter 328, Statutes of 2013. [AB535 Detail]

Download: California-2013-AB535-Amended.html

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BILL NUMBER: AB 535	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 10, 2013

INTRODUCED BY   Assembly Member Quirk

                        FEBRUARY 20, 2013

   An act to amend Section 8594 of the Government Code, relating to
the Emergency Alert System.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 535, as amended, Quirk. Emergency Alert System.
   Existing law requires law enforcement agencies that are informed
of the abduction of a child 17 years of age or younger, or an
individual with a proven mental or physical disability, and determine
the victim is in imminent danger of serious bodily injury or death,
and that there is information available that, if disseminated to the
general public, could assist with the safe recovery of the victim, to
request, absent extenuating investigative needs, activation of the
Emergency Alert System within the appropriate local area.
   This bill would provide that, for purposes of activation of the
Emergency Alert System, an abductor may include a custodial parent or
guardian  where the abducted child is in imminent danger of
serious bodily injury or death  .
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 8594 of the Government Code is amended to read:

   8594.  (a) 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, shall, absent extenuating investigative
needs, request activation of the Emergency Alert System within the
appropriate local area. Law enforcement agencies shall only request
activation of the Emergency Alert System for an abduction if these
requirements are met. The Emergency Alert System is not intended to
be used for abductions resulting from custody disputes that are not
reasonably believed to endanger the life or physical health of a
child.
   The California Highway Patrol, if requested by a law enforcement
agency, shall activate the system.
   (b) The California Highway Patrol, 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 Peace Officers' Association, shall
develop policies and procedures providing instruction specifying how
law enforcement agencies, broadcasters participating in the Emergency
Alert System, and any other intermediate emergency agencies that may
institute activation of the Emergency Alert System, and, where
appropriate, other supplemental warning systems, shall proceed after
a qualifying abduction has been reported to a law enforcement agency.
Those policies and procedures shall include, but not be limited to:
   (1) Procedures for transfer of information regarding the abducted
victim and abduction from the law enforcement agency to the
broadcasters;
   (2) Specification of the event code or codes that should be used
if the Emergency Alert System is activated to report a qualifying
child abduction;
   (3) Recommended language for an abduction alert;
   (4) Specification of information that must be included by the
reporting law enforcement agency, including which agency a person
with information relating to the abduction should contact and how the
person should contact the agency; and
   (5) Recommendations on the extent of the geographical area to
which a child abduction emergency alert should be broadcast.
   (c) The California Highway Patrol, in consultation with the
Department of Justice, shall review the Amber Plan as adopted by
other states and Orange County's Child Abduction Regional Emergency
Alert Program for guidance in developing appropriate policies and
procedures for use of the Emergency Alert System and, where
appropriate, other supplemental warning systems to report qualifying
abductions.
   (d) The California Highway Patrol, in conjunction with the
Department of Justice, shall develop a comprehensive child abduction
education system to educate children in the state on the appropriate
behavior to deter abduction. The California Highway Patrol shall
convene a group consisting of a representative from the California
State Sheriffs' Association, the California Police Chiefs'
Association, and the California Peace Officers' Association,
representatives of advocacy groups, and the Department of Education
to assist in the development of a plan.
   (e) For purposes of activation of the Emergency Alert System, an
abductor may include a custodial parent or guardian  where the
abducted child is in imminent danger of serious bodily injury or
death  .
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.