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SB-1047 Emergency services: seniors.(2011-2012)

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SB1047:v93#DOCUMENT

Senate Bill No. 1047
CHAPTER 651

An act to add and repeal Section 8594.10 of the Government Code, relating to emergency services.

[ Approved by Governor  September 27, 2012. Filed with Secretary of State  September 27, 2012. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 1047, Alquist. Emergency services: seniors.
Existing law authorizes use of the Emergency Alert System to inform the public of local, state, and national emergencies. Existing law requires a law enforcement agency to activate the Emergency Alert System within the appropriate area if that 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 that person.
This bill would require that if a person is reported missing to a law enforcement agency, and that agency determines that certain requirements are met, including, among others, that the missing person is 65 years of age or older, the law enforcement agency shall request the California Highway Patrol to activate a Silver Alert. The bill would require the California Highway Patrol to activate a Silver Alert upon request if it concurs with the law enforcement agency that specified requirements are met. The bill would require the California Highway Patrol to, upon activation of a Silver Alert, take certain actions to assist the agency investigating the disappearance. The bill would repeal these provisions on January 1, 2016.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 8594.10 is added to the Government Code, to read:

8594.10.
 (a) For purposes of this section, “Silver Alert” means a notification system, activated pursuant to subdivision (b), designed to issue and coordinate alerts with respect to a person who is 65 years of age or older who is reported missing.
(b) (1) If a person is reported missing to a law enforcement agency, and that agency determines that the requirements of subdivision (c) are met, the agency may request the California Highway Patrol to activate a Silver Alert. If the California Highway Patrol concurs that the requirements of subdivision (c) are met, it shall activate a Silver Alert within the geographical area requested by the investigating law enforcement agency.
(2) Radio, television, and cable and satellite systems are encouraged to, but not required to, cooperate with disseminating the information contained in a Silver Alert.
(3) Upon activation of a Silver Alert, the California Highway Patrol shall assist the investigating law enforcement agency by issuing a be-on-the-lookout alert, an Emergency Digital Information Service message, or an electronic flyer.
(c) 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:
(1) The missing person is 65 years of age or older.
(2) The investigating law enforcement agency has utilized all available local resources.
(3) The law enforcement agency determines that the person has gone missing under unexplained or suspicious circumstances.
(4) 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 that there are other factors indicating that the person may be in peril.
(5) There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person.
(d) This section shall remain in effect only until January 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends that date.