Bill Text: CA SB38 | 2009-2010 | Regular Session | Introduced

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

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Bill Title: Emergency services: seniors.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed - Dead) 2009-08-27 - Set, second hearing. Held in committee and under submission. [SB38 Detail]

Download: California-2009-SB38-Introduced.html

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BILL NUMBER: SB 38	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senators Alquist and Correa

                        DECEMBER 22, 2008

   An act to add Section 8594.5 to the Government Code, relating to
emergency services.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 38, as introduced, Alquist. Emergency Services: Silver Alert
System.
   Existing law authorizes use of the federally designated emergency
alert system to inform the public of local, state, and national
emergencies.
   This bill would require law enforcement agencies that are informed
of a missing senior person, who is 65 years of age or older, and
that determine the missing person has an impaired mental condition
and there is information available that, if disseminated to the
general public, could assist with the safe recovery of the missing
person, to request, absent extenuating investigative needs,
activation of the emergency alert system within the appropriate local
area. By imposing new duties on local law enforcement agencies, the
bill would create a state-mandated local program.
   The bill would require the Department of the California Highway
Patrol, in consultation with the Department of Justice and
representatives from other organizations to develop policies and
procedures providing instruction specifying how law enforcement
agencies, broadcasters participating in the emergency alert system,
and any other intermediate emergency services agencies that may
institute activation of the system and, where appropriate, other
supplemental warning systems shall proceed after a law enforcement
agency receives a qualifying report of a missing senior person.
   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 8594.5 is added to the Government Code, to
read:
   8594.5.  (a) If a senior person is reported missing to a law
enforcement agency, and the agency determines that the person has an
impaired mental condition and there is information available that, if
disseminated to the general public, could assist in the safe
recovery of the missing person, the agency, through a person
authorized to activate the emergency alert system (47 C.F.R. 11.11
et. seq.), shall, absent extenuating investigative needs, request
activation of system within the appropriate local area. Law
enforcement agencies shall only request activation of the emergency
alert system for a missing senior person if these requirements are
met.
   The Department of the California Highway Patrol, if requested by a
law enforcement agency, shall activate the system.
   (b) The Department of 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 system, and, where appropriate, other supplemental warning
systems, shall proceed after a law enforcement agency receives a
qualifying report of a missing senior person. Those policies and
procedures shall include, but not be limited to, the following:
   (1) Procedures for transfer of information regarding the missing
senior person 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 missing senior
person.
   (3) Recommended language for a missing senior person 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 missing senior person should contact
and how that person should contact the agency.
   (5) Recommendations on the extent of the geographical area to
which a missing senior person alert should be broadcast.
   (c) The Department of the California Highway Patrol, in
consultation with the Department of Justice, shall review the "Silver
Alert Plan" as adopted by other states for guidance in developing
appropriate policies and procedures for use of the emergency alert
system and, where appropriate, other supplemental warning systems to
report a missing senior person.
   (d) For the purpose of this section, "senior person" means any
person who is 65 years of age or older.
   (e) State and local agencies shall use existing state funds or
federal resources in carrying out this section.
  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.