California Senate Bill SB1127 Amended / Bill

 BILL NUMBER: SB 1127AMENDED BILL TEXT AMENDED IN SENATE APRIL 7, 2014 INTRODUCED BY  Senator   Torres   Senators   Torres   and Pavley   (   Principal coauthor:   Senator   Pavley   )  FEBRUARY 19, 2014 An act  to amend Section 8594.10 of the Government Code,  relating to emergency services. LEGISLATIVE COUNSEL'S DIGEST SB 1127, as amended, Torres. Emergency services: individuals with developmental disabilities  and cognitive impairments  . 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. Existing law also requires that   authorizes a law enforcement agency,  if a person is reported missing to  a   the  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   to  request the California Highway Patrol to activate a Silver Alert, the notification system designed to issue and coordinate these alerts.  Existing law requires the California Highway Patrol to activate a Silver Alert if it concurs with the law enforcement agency that those requirements are met, and to take certain actions, upon activation of a Silver Alert, to assist the agency investigating the disappearance.  This bill would  state the intent of the Legislature to enact legislation to establish a statewide quick response and notification system for individuals with developmental disabilities who are reported missing.   include a missing person who is developmentally disabled or cognitively impaired among the persons who may be the subject of a Silver Alert.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 8594.10 of the   Government Code   is amended 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  , developmentally disabled, or cognitively impaired, and  who is reported missing. (b) (1) If a person is reported missing to a law enforcement  agency,   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  ,   developmentally disabled, or cognitively impaired  . (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,  or  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) For purposes of this section, the following definitions have the following meanings:   (1) "Developmentally disabled" means affected by a developmental disability, as defined in subdivision (a) of Section 4512 of the Welfare and Institutions Code.   (2) "Cognitively impaired" means affected by a cognitive impairment, as defined in Section 14522.4 of the Welfare and Institutions Code.   (e)  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.  SECTION 1.   It is the intent of the Legislature to enact legislation to establish a statewide quick response and notification system for individuals with developmental disabilities who are reported missing.