BILL NUMBER: AB 535 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 26, 2013
PASSED THE ASSEMBLY AUGUST 30, 2013
AMENDED IN SENATE AUGUST 15, 2013
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, 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 require a law enforcement agency to request,
absent extenuating investigative needs, activation of the system when
the law enforcement agency receives a report that an abduction has
occurred or that a child has been taken by anyone, including a
custodial parent or guardian, and makes the above-described
determinations. By increasing the duties of local officials, this
bill would create a state-mandated local program.
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.
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 a law enforcement agency receives a report that an
abduction has occurred or that a child has been taken by anyone,
including, but not limited to, a custodial parent or guardian, 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 or taken and the victim 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. A law enforcement agency shall only request
activation of the Emergency Alert System pursuant to this subdivision
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
a law enforcement agency, broadcaster participating in the Emergency
Alert System, and any other intermediate emergency agency that may
institute activation of the Emergency Alert System, and, where
appropriate, other supplemental warning systems, shall proceed after
a qualifying event described in subdivision (a) 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 victim
and the qualifying event 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
event.
(3) Recommended language for an emergency alert issued pursuant to
this section.
(4) Specification of information that shall be included by the
reporting law enforcement agency, including which agency a person
with information relating to the qualifying event should contact and
how the person should contact the agency.
(5) Recommendations on the extent of the geographical area to
which an emergency alert issued pursuant to this section 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
events.
(d) The California Highway Patrol, in conjunction with the
Department of Justice, shall develop a comprehensive child abduction
education plan 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.
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.