Amended IN Senate March 21, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 673Introduced by Senator Bradford(Coauthors: Senators Caballero and Wahab)February 16, 2023An act to amend Section 8593.3 of add Section 8594.14 to the Government Code, relating to emergency services. LEGISLATIVE COUNSEL'S DIGESTSB 673, as amended, Bradford. Accessibility to emergency information and services. Emergency notification: Ebony Alert: missing Black youth.The California Emergency Services Act, among other things, establishes the Office of Emergency Services for the purpose of mitigating the effects of natural, man-made, or war-caused emergencies and makes findings and declarations relating to ensuring that preparation within the state will be adequate to deal with those emergencies. Existing law, upon the next update of a countys emergency plan, requires the county to integrate access and functional needs into that emergency plan, as provided. 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 authorizes the issuance and coordination of a Silver Alert relating to a person who is 65 years of age or older, developmentally disabled, or cognitively impaired who is reported missing, and a Feather Alert relating to an endangered indigenous person who has been reported missing under unexplained or suspicious circumstances.This bill would make a nonsubstantive change to those provisions.This bill would authorize a law enforcement agency to request the Department of the California Highway Patrol to activate an Ebony Alert, with respect to Black youth, including young women and girls, who are reported missing under unexplained or suspicious circumstances. The bill would require the department to activate an Ebony Alert within the appropriate geographical area requested by the investigating law enforcement agency and to assist the agency by disseminating specified alert messages and signs, if the department concurs with the agency that an Ebony Alert would be an effective tool in the investigation of a missing person according to specified factors. The bill would also make related legislative findings and declarations.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares all of the following:(1) According to the U.S. Department of Justice Office of Justice Programs, approximately 600,000 people go missing every year in the United States. Youth 18 years of age or under account for about 35 percent of these reported cases.(2) Missing children have become more publicized in the United States over the past two decades, which has resulted in nearly 98 percent of these missing children being located. While this is promising, there are severe racial disparities in the statistics of the 2 percent who are still missing.(3) According to data from the 2019 United States Census, people who are Black or African American make up 13.4% of the United States population. However, nearly 4 percent of missing persons are people of color.(4) According to the National Crime Information Centers (NCIC) Missing Person and Unidentified Person Files for the 2021 operational year, 177,500 Black adults and children were reported missing.(5) Black youth 18 years of age or under make up 38 percent of missing persons cases and Black children make up about 33 percent of all missing child cases and receive less media attention to the fact that they are missing.(6) In addition to making up a disproportionate percentage of all missing people, Black women and girls are at increased risk of being harmed.(7) The Congressional Black Caucus Foundation found in a two-year study of human trafficking incidents across the country that 40 percent of sex trafficking victims were identified as Black women.(8) According to the FBI, 53 percent of all juvenile prostitution arrests are Black children. There is no such thing as juvenile prostitution this is sex trafficking, as juveniles cannot consent to sell sex.(9) The first alert system developed in California was AMBER Alert, that authorized law enforcement agencies to use digital messaging on overhead roadway signs to assist in recovery efforts for child abduction cases. As of December 2020, the AMBER Alert system had successfully assisted in the rescue of 1,029 kidnapped children.(10) The AMBER Alert system must fulfill strict criteria for the message to be broadcast. If these criteria are not met, an AMBER Alert cannot be issued, and the child is labeled as a runaway.(11) When a missing child is listed as a runaway, they receive no media coverage, and less police and government resources are available for their recovery.(12) Being identified as a runaway can also be a legal loophole for law enforcement, because when a child is listed as a runaway, the police are allowed to delay response and investigation time. In cases where the child is mislabeled as a runaway, this delay is crucial time that could be spent locating a child in danger.(13) Black missing children are disproportionately classified as runaways in comparison to their white counterparts and do not receive the AMBER Alert, which ultimately means that fewer resources are allotted to safe return of Black children.(b) The Legislature intends to provide law enforcement with additional tools to disseminate timely, accurate information to engage the public and the media to more effectively assist with locating missing Black children and young women that are disproportionately missing in California.SEC. 2. Section 8594.14 is added to the Government Code, to read:8594.14. (a) For purposes of this section, Ebony Alert means a notification system, activated pursuant to subdivision (b), designed to issue and coordinate alerts with respect to Black youth, including young women and girls, who are reported missing under unexplained or suspicious circumstances.(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 law enforcement agency may request the Department of the California Highway Patrol to activate an Ebony Alert. If the Department of the California Highway Patrol concurs that the requirements of subdivision (c) have been met, it shall activate an Ebony Alert within the appropriate geographical area requested by the investigating law enforcement agency.(2) Radio, television, cable, satellite, and social media systems are encouraged to, but not required to, cooperate with disseminating the information contained in an Ebony Alert.(3) Upon activation of an Ebony Alert, the Department of the California Highway Patrol shall assist the investigating law enforcement agency by issuing a be-on-the-lookout alert, an electronic flyer, or changeable message signs in compliance with paragraph (4).(4) Upon activation of an Ebony Alert, the Department of the California Highway Patrol may use a changeable message sign if both of the following conditions are met:(A) A law enforcement agency determines that a vehicle may be involved in the missing person incident.(B) Specific identifying information about the vehicle is available for public dissemination.(c) A law enforcement agency may request that an Ebony Alert be activated if that agency, after considering the following factors, determines that an Ebony Alert would be an effective tool in the investigation of missing Black youth, including a young woman or girl:(1) The missing person is between 12 to 25 years of age, inclusive.(2) The missing person suffers from a mental or physical disability.(3) The person is missing under circumstances that indicate any of the following:(A) The missing persons physical safety may be endangered.(B) The disappearance of the missing person may not have been voluntary, including an abduction or kidnaping.(C) The missing person may be subject to trafficking.(4) The law enforcement agency determines that the person has gone missing under unexplained or suspicious circumstances.(5) 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.(6) The investigating law enforcement agency has utilized available local resources.(7) There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person.SECTION 1.Section 8593.3 of the Government Code is amended to read:8593.3.(a)A county, including a city and county, shall, upon the next update to its emergency plan, integrate access and functional needs into its emergency plan by addressing, at a minimum, how the access and functional needs population is being served by the following:(1)Emergency communications, including the integration of interpreters, translators, and assistive technology.(2)Emergency evacuation, including all of the following:(A)The identification of transportation resources and resources that are compliant with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) for individuals who are dependent on public transportation.(B)Integrating evacuation and transportation plans to account for local community resilience centers.(C)Ensuring that local community resilience centers are prepared to serve as communitywide assets during extreme heat events and other disasters.(D)Designating available locations that may be necessary to provide respite to individuals during emergencies, including, but not limited to, extreme heat, cold, or unhealthy air incidents.(E)Integrating evacuation plans to account for the following:(i)Community resilience center programs, including, but not limited to, the Integrated Climate Adaptation and Resiliency Program (ICARP) Community Resilience and Heat Grant Program developed by the Office of Planning and Research.(ii)Fairground resilience center programs, including, but not limited to, the Fairground and Community Resilience Center Grant Program developed by the Department of Food and Agriculture.(3)Emergency sheltering, including both of the following:(A)Ensuring that designated shelters are compliant with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) or can be made compliant through modification and that showers and bathrooms are fully accessible to all occupants.(B)Integrating sheltering and transportation plans to account for transportation between community resilience centers and shelters.(b)A local government may enter into an agreement with a, or may use the records of its own, social services department to access the contact information of persons from the access and functional needs population, and the contact information of the designated emergency contacts of those persons, if any, for the sole purpose of enrolling those individuals, who are residents of that local government, in a city-operated, county-operated, or city- and county-operated public emergency warning system.(c)A county, or city and county, upon the next update to its emergency plan, regarding the integration of access and functional needs into that emergency plan, shall include representatives from the access and functional needs population, pursuant to subdivision (b), including, but not limited to, social service agencies, nonprofit organizations, and transportation providers.(d)A local government that enters into an agreement to access information pursuant to subdivision (b) shall include procedures to enable any covered resident or designated emergency contact to opt out of the warning system and a process to terminate the local governments access to the contact information of the resident or the designated emergency contact from a county social services department. A local government or any third-party contractor or agent that assists with or administers an emergency warning system shall not use the information gathered for any purpose other than for emergency notification. The local government shall ensure that the confidentiality of the contact information is protected under reasonable security procedures.(e)A local government that enters into an agreement to access information pursuant to subdivision (b) shall, upon receipt of that information, notify residents and designated emergency contacts that they have been entered into the public emergency warning system. This notification shall include a process to opt out of the warning system and to terminate the local governments access to the contact information of the resident or the designated emergency contact for purposes of the emergency warning system, regardless of the source of the information.(f)For purposes of this section, the following definitions apply:(1)Access and functional needs population consists of individuals who have developmental or intellectual disabilities, physical disabilities, chronic conditions, injuries, limited English proficiency or who are non-English speaking, older adults, children, people living in institutionalized settings, or those who are low income, homeless, or transportation disadvantaged, including, but not limited to, those who are dependent on public transit or those who are pregnant.(2)Contact information means a persons name, address, telephone number, and email address.(3)Local community resilience center means a hydration station, cooling center, clean air center, respite center, community evacuation and emergency response center, or similar facility established to mitigate the public health impacts of extreme heat and other emergency situations exacerbated by climate change, such as wildfire, power outages, or flooding, on local populations.(4)Local government means a city or county, including a city and county.(g)Any contact information of a person from the access and functional needs population or the contact information of the designated emergency contact for that person, obtained by a local government pursuant to this section shall not specify whether that person receives public benefits or any other information, besides the contact information, that would be considered personal or confidential.
Amended IN Senate March 21, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 673Introduced by Senator Bradford(Coauthors: Senators Caballero and Wahab)February 16, 2023An act to amend Section 8593.3 of add Section 8594.14 to the Government Code, relating to emergency services. LEGISLATIVE COUNSEL'S DIGESTSB 673, as amended, Bradford. Accessibility to emergency information and services. Emergency notification: Ebony Alert: missing Black youth.The California Emergency Services Act, among other things, establishes the Office of Emergency Services for the purpose of mitigating the effects of natural, man-made, or war-caused emergencies and makes findings and declarations relating to ensuring that preparation within the state will be adequate to deal with those emergencies. Existing law, upon the next update of a countys emergency plan, requires the county to integrate access and functional needs into that emergency plan, as provided. 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 authorizes the issuance and coordination of a Silver Alert relating to a person who is 65 years of age or older, developmentally disabled, or cognitively impaired who is reported missing, and a Feather Alert relating to an endangered indigenous person who has been reported missing under unexplained or suspicious circumstances.This bill would make a nonsubstantive change to those provisions.This bill would authorize a law enforcement agency to request the Department of the California Highway Patrol to activate an Ebony Alert, with respect to Black youth, including young women and girls, who are reported missing under unexplained or suspicious circumstances. The bill would require the department to activate an Ebony Alert within the appropriate geographical area requested by the investigating law enforcement agency and to assist the agency by disseminating specified alert messages and signs, if the department concurs with the agency that an Ebony Alert would be an effective tool in the investigation of a missing person according to specified factors. The bill would also make related legislative findings and declarations.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Senate March 21, 2023
Amended IN Senate March 21, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Senate Bill
No. 673
Introduced by Senator Bradford(Coauthors: Senators Caballero and Wahab)February 16, 2023
Introduced by Senator Bradford(Coauthors: Senators Caballero and Wahab)
February 16, 2023
An act to amend Section 8593.3 of add Section 8594.14 to the Government Code, relating to emergency services.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 673, as amended, Bradford. Accessibility to emergency information and services. Emergency notification: Ebony Alert: missing Black youth.
The California Emergency Services Act, among other things, establishes the Office of Emergency Services for the purpose of mitigating the effects of natural, man-made, or war-caused emergencies and makes findings and declarations relating to ensuring that preparation within the state will be adequate to deal with those emergencies. Existing law, upon the next update of a countys emergency plan, requires the county to integrate access and functional needs into that emergency plan, as provided. 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 authorizes the issuance and coordination of a Silver Alert relating to a person who is 65 years of age or older, developmentally disabled, or cognitively impaired who is reported missing, and a Feather Alert relating to an endangered indigenous person who has been reported missing under unexplained or suspicious circumstances.This bill would make a nonsubstantive change to those provisions.This bill would authorize a law enforcement agency to request the Department of the California Highway Patrol to activate an Ebony Alert, with respect to Black youth, including young women and girls, who are reported missing under unexplained or suspicious circumstances. The bill would require the department to activate an Ebony Alert within the appropriate geographical area requested by the investigating law enforcement agency and to assist the agency by disseminating specified alert messages and signs, if the department concurs with the agency that an Ebony Alert would be an effective tool in the investigation of a missing person according to specified factors. The bill would also make related legislative findings and declarations.
The California Emergency Services Act, among other things, establishes the Office of Emergency Services for the purpose of mitigating the effects of natural, man-made, or war-caused emergencies and makes findings and declarations relating to ensuring that preparation within the state will be adequate to deal with those emergencies. Existing law, upon the next update of a countys emergency plan, requires the county to integrate access and functional needs into that emergency plan, as provided. 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 authorizes the issuance and coordination of a Silver Alert relating to a person who is 65 years of age or older, developmentally disabled, or cognitively impaired who is reported missing, and a Feather Alert relating to an endangered indigenous person who has been reported missing under unexplained or suspicious circumstances.
This bill would make a nonsubstantive change to those provisions.
This bill would authorize a law enforcement agency to request the Department of the California Highway Patrol to activate an Ebony Alert, with respect to Black youth, including young women and girls, who are reported missing under unexplained or suspicious circumstances. The bill would require the department to activate an Ebony Alert within the appropriate geographical area requested by the investigating law enforcement agency and to assist the agency by disseminating specified alert messages and signs, if the department concurs with the agency that an Ebony Alert would be an effective tool in the investigation of a missing person according to specified factors. The bill would also make related legislative findings and declarations.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares all of the following:(1) According to the U.S. Department of Justice Office of Justice Programs, approximately 600,000 people go missing every year in the United States. Youth 18 years of age or under account for about 35 percent of these reported cases.(2) Missing children have become more publicized in the United States over the past two decades, which has resulted in nearly 98 percent of these missing children being located. While this is promising, there are severe racial disparities in the statistics of the 2 percent who are still missing.(3) According to data from the 2019 United States Census, people who are Black or African American make up 13.4% of the United States population. However, nearly 4 percent of missing persons are people of color.(4) According to the National Crime Information Centers (NCIC) Missing Person and Unidentified Person Files for the 2021 operational year, 177,500 Black adults and children were reported missing.(5) Black youth 18 years of age or under make up 38 percent of missing persons cases and Black children make up about 33 percent of all missing child cases and receive less media attention to the fact that they are missing.(6) In addition to making up a disproportionate percentage of all missing people, Black women and girls are at increased risk of being harmed.(7) The Congressional Black Caucus Foundation found in a two-year study of human trafficking incidents across the country that 40 percent of sex trafficking victims were identified as Black women.(8) According to the FBI, 53 percent of all juvenile prostitution arrests are Black children. There is no such thing as juvenile prostitution this is sex trafficking, as juveniles cannot consent to sell sex.(9) The first alert system developed in California was AMBER Alert, that authorized law enforcement agencies to use digital messaging on overhead roadway signs to assist in recovery efforts for child abduction cases. As of December 2020, the AMBER Alert system had successfully assisted in the rescue of 1,029 kidnapped children.(10) The AMBER Alert system must fulfill strict criteria for the message to be broadcast. If these criteria are not met, an AMBER Alert cannot be issued, and the child is labeled as a runaway.(11) When a missing child is listed as a runaway, they receive no media coverage, and less police and government resources are available for their recovery.(12) Being identified as a runaway can also be a legal loophole for law enforcement, because when a child is listed as a runaway, the police are allowed to delay response and investigation time. In cases where the child is mislabeled as a runaway, this delay is crucial time that could be spent locating a child in danger.(13) Black missing children are disproportionately classified as runaways in comparison to their white counterparts and do not receive the AMBER Alert, which ultimately means that fewer resources are allotted to safe return of Black children.(b) The Legislature intends to provide law enforcement with additional tools to disseminate timely, accurate information to engage the public and the media to more effectively assist with locating missing Black children and young women that are disproportionately missing in California.SEC. 2. Section 8594.14 is added to the Government Code, to read:8594.14. (a) For purposes of this section, Ebony Alert means a notification system, activated pursuant to subdivision (b), designed to issue and coordinate alerts with respect to Black youth, including young women and girls, who are reported missing under unexplained or suspicious circumstances.(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 law enforcement agency may request the Department of the California Highway Patrol to activate an Ebony Alert. If the Department of the California Highway Patrol concurs that the requirements of subdivision (c) have been met, it shall activate an Ebony Alert within the appropriate geographical area requested by the investigating law enforcement agency.(2) Radio, television, cable, satellite, and social media systems are encouraged to, but not required to, cooperate with disseminating the information contained in an Ebony Alert.(3) Upon activation of an Ebony Alert, the Department of the California Highway Patrol shall assist the investigating law enforcement agency by issuing a be-on-the-lookout alert, an electronic flyer, or changeable message signs in compliance with paragraph (4).(4) Upon activation of an Ebony Alert, the Department of the California Highway Patrol may use a changeable message sign if both of the following conditions are met:(A) A law enforcement agency determines that a vehicle may be involved in the missing person incident.(B) Specific identifying information about the vehicle is available for public dissemination.(c) A law enforcement agency may request that an Ebony Alert be activated if that agency, after considering the following factors, determines that an Ebony Alert would be an effective tool in the investigation of missing Black youth, including a young woman or girl:(1) The missing person is between 12 to 25 years of age, inclusive.(2) The missing person suffers from a mental or physical disability.(3) The person is missing under circumstances that indicate any of the following:(A) The missing persons physical safety may be endangered.(B) The disappearance of the missing person may not have been voluntary, including an abduction or kidnaping.(C) The missing person may be subject to trafficking.(4) The law enforcement agency determines that the person has gone missing under unexplained or suspicious circumstances.(5) 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.(6) The investigating law enforcement agency has utilized available local resources.(7) There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person.SECTION 1.Section 8593.3 of the Government Code is amended to read:8593.3.(a)A county, including a city and county, shall, upon the next update to its emergency plan, integrate access and functional needs into its emergency plan by addressing, at a minimum, how the access and functional needs population is being served by the following:(1)Emergency communications, including the integration of interpreters, translators, and assistive technology.(2)Emergency evacuation, including all of the following:(A)The identification of transportation resources and resources that are compliant with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) for individuals who are dependent on public transportation.(B)Integrating evacuation and transportation plans to account for local community resilience centers.(C)Ensuring that local community resilience centers are prepared to serve as communitywide assets during extreme heat events and other disasters.(D)Designating available locations that may be necessary to provide respite to individuals during emergencies, including, but not limited to, extreme heat, cold, or unhealthy air incidents.(E)Integrating evacuation plans to account for the following:(i)Community resilience center programs, including, but not limited to, the Integrated Climate Adaptation and Resiliency Program (ICARP) Community Resilience and Heat Grant Program developed by the Office of Planning and Research.(ii)Fairground resilience center programs, including, but not limited to, the Fairground and Community Resilience Center Grant Program developed by the Department of Food and Agriculture.(3)Emergency sheltering, including both of the following:(A)Ensuring that designated shelters are compliant with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) or can be made compliant through modification and that showers and bathrooms are fully accessible to all occupants.(B)Integrating sheltering and transportation plans to account for transportation between community resilience centers and shelters.(b)A local government may enter into an agreement with a, or may use the records of its own, social services department to access the contact information of persons from the access and functional needs population, and the contact information of the designated emergency contacts of those persons, if any, for the sole purpose of enrolling those individuals, who are residents of that local government, in a city-operated, county-operated, or city- and county-operated public emergency warning system.(c)A county, or city and county, upon the next update to its emergency plan, regarding the integration of access and functional needs into that emergency plan, shall include representatives from the access and functional needs population, pursuant to subdivision (b), including, but not limited to, social service agencies, nonprofit organizations, and transportation providers.(d)A local government that enters into an agreement to access information pursuant to subdivision (b) shall include procedures to enable any covered resident or designated emergency contact to opt out of the warning system and a process to terminate the local governments access to the contact information of the resident or the designated emergency contact from a county social services department. A local government or any third-party contractor or agent that assists with or administers an emergency warning system shall not use the information gathered for any purpose other than for emergency notification. The local government shall ensure that the confidentiality of the contact information is protected under reasonable security procedures.(e)A local government that enters into an agreement to access information pursuant to subdivision (b) shall, upon receipt of that information, notify residents and designated emergency contacts that they have been entered into the public emergency warning system. This notification shall include a process to opt out of the warning system and to terminate the local governments access to the contact information of the resident or the designated emergency contact for purposes of the emergency warning system, regardless of the source of the information.(f)For purposes of this section, the following definitions apply:(1)Access and functional needs population consists of individuals who have developmental or intellectual disabilities, physical disabilities, chronic conditions, injuries, limited English proficiency or who are non-English speaking, older adults, children, people living in institutionalized settings, or those who are low income, homeless, or transportation disadvantaged, including, but not limited to, those who are dependent on public transit or those who are pregnant.(2)Contact information means a persons name, address, telephone number, and email address.(3)Local community resilience center means a hydration station, cooling center, clean air center, respite center, community evacuation and emergency response center, or similar facility established to mitigate the public health impacts of extreme heat and other emergency situations exacerbated by climate change, such as wildfire, power outages, or flooding, on local populations.(4)Local government means a city or county, including a city and county.(g)Any contact information of a person from the access and functional needs population or the contact information of the designated emergency contact for that person, obtained by a local government pursuant to this section shall not specify whether that person receives public benefits or any other information, besides the contact information, that would be considered personal or confidential.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. (a) The Legislature finds and declares all of the following:(1) According to the U.S. Department of Justice Office of Justice Programs, approximately 600,000 people go missing every year in the United States. Youth 18 years of age or under account for about 35 percent of these reported cases.(2) Missing children have become more publicized in the United States over the past two decades, which has resulted in nearly 98 percent of these missing children being located. While this is promising, there are severe racial disparities in the statistics of the 2 percent who are still missing.(3) According to data from the 2019 United States Census, people who are Black or African American make up 13.4% of the United States population. However, nearly 4 percent of missing persons are people of color.(4) According to the National Crime Information Centers (NCIC) Missing Person and Unidentified Person Files for the 2021 operational year, 177,500 Black adults and children were reported missing.(5) Black youth 18 years of age or under make up 38 percent of missing persons cases and Black children make up about 33 percent of all missing child cases and receive less media attention to the fact that they are missing.(6) In addition to making up a disproportionate percentage of all missing people, Black women and girls are at increased risk of being harmed.(7) The Congressional Black Caucus Foundation found in a two-year study of human trafficking incidents across the country that 40 percent of sex trafficking victims were identified as Black women.(8) According to the FBI, 53 percent of all juvenile prostitution arrests are Black children. There is no such thing as juvenile prostitution this is sex trafficking, as juveniles cannot consent to sell sex.(9) The first alert system developed in California was AMBER Alert, that authorized law enforcement agencies to use digital messaging on overhead roadway signs to assist in recovery efforts for child abduction cases. As of December 2020, the AMBER Alert system had successfully assisted in the rescue of 1,029 kidnapped children.(10) The AMBER Alert system must fulfill strict criteria for the message to be broadcast. If these criteria are not met, an AMBER Alert cannot be issued, and the child is labeled as a runaway.(11) When a missing child is listed as a runaway, they receive no media coverage, and less police and government resources are available for their recovery.(12) Being identified as a runaway can also be a legal loophole for law enforcement, because when a child is listed as a runaway, the police are allowed to delay response and investigation time. In cases where the child is mislabeled as a runaway, this delay is crucial time that could be spent locating a child in danger.(13) Black missing children are disproportionately classified as runaways in comparison to their white counterparts and do not receive the AMBER Alert, which ultimately means that fewer resources are allotted to safe return of Black children.(b) The Legislature intends to provide law enforcement with additional tools to disseminate timely, accurate information to engage the public and the media to more effectively assist with locating missing Black children and young women that are disproportionately missing in California.
SECTION 1. (a) The Legislature finds and declares all of the following:(1) According to the U.S. Department of Justice Office of Justice Programs, approximately 600,000 people go missing every year in the United States. Youth 18 years of age or under account for about 35 percent of these reported cases.(2) Missing children have become more publicized in the United States over the past two decades, which has resulted in nearly 98 percent of these missing children being located. While this is promising, there are severe racial disparities in the statistics of the 2 percent who are still missing.(3) According to data from the 2019 United States Census, people who are Black or African American make up 13.4% of the United States population. However, nearly 4 percent of missing persons are people of color.(4) According to the National Crime Information Centers (NCIC) Missing Person and Unidentified Person Files for the 2021 operational year, 177,500 Black adults and children were reported missing.(5) Black youth 18 years of age or under make up 38 percent of missing persons cases and Black children make up about 33 percent of all missing child cases and receive less media attention to the fact that they are missing.(6) In addition to making up a disproportionate percentage of all missing people, Black women and girls are at increased risk of being harmed.(7) The Congressional Black Caucus Foundation found in a two-year study of human trafficking incidents across the country that 40 percent of sex trafficking victims were identified as Black women.(8) According to the FBI, 53 percent of all juvenile prostitution arrests are Black children. There is no such thing as juvenile prostitution this is sex trafficking, as juveniles cannot consent to sell sex.(9) The first alert system developed in California was AMBER Alert, that authorized law enforcement agencies to use digital messaging on overhead roadway signs to assist in recovery efforts for child abduction cases. As of December 2020, the AMBER Alert system had successfully assisted in the rescue of 1,029 kidnapped children.(10) The AMBER Alert system must fulfill strict criteria for the message to be broadcast. If these criteria are not met, an AMBER Alert cannot be issued, and the child is labeled as a runaway.(11) When a missing child is listed as a runaway, they receive no media coverage, and less police and government resources are available for their recovery.(12) Being identified as a runaway can also be a legal loophole for law enforcement, because when a child is listed as a runaway, the police are allowed to delay response and investigation time. In cases where the child is mislabeled as a runaway, this delay is crucial time that could be spent locating a child in danger.(13) Black missing children are disproportionately classified as runaways in comparison to their white counterparts and do not receive the AMBER Alert, which ultimately means that fewer resources are allotted to safe return of Black children.(b) The Legislature intends to provide law enforcement with additional tools to disseminate timely, accurate information to engage the public and the media to more effectively assist with locating missing Black children and young women that are disproportionately missing in California.
SECTION 1. (a) The Legislature finds and declares all of the following:
### SECTION 1.
(1) According to the U.S. Department of Justice Office of Justice Programs, approximately 600,000 people go missing every year in the United States. Youth 18 years of age or under account for about 35 percent of these reported cases.
(2) Missing children have become more publicized in the United States over the past two decades, which has resulted in nearly 98 percent of these missing children being located. While this is promising, there are severe racial disparities in the statistics of the 2 percent who are still missing.
(3) According to data from the 2019 United States Census, people who are Black or African American make up 13.4% of the United States population. However, nearly 4 percent of missing persons are people of color.
(4) According to the National Crime Information Centers (NCIC) Missing Person and Unidentified Person Files for the 2021 operational year, 177,500 Black adults and children were reported missing.
(5) Black youth 18 years of age or under make up 38 percent of missing persons cases and Black children make up about 33 percent of all missing child cases and receive less media attention to the fact that they are missing.
(6) In addition to making up a disproportionate percentage of all missing people, Black women and girls are at increased risk of being harmed.
(7) The Congressional Black Caucus Foundation found in a two-year study of human trafficking incidents across the country that 40 percent of sex trafficking victims were identified as Black women.
(8) According to the FBI, 53 percent of all juvenile prostitution arrests are Black children. There is no such thing as juvenile prostitution this is sex trafficking, as juveniles cannot consent to sell sex.
(9) The first alert system developed in California was AMBER Alert, that authorized law enforcement agencies to use digital messaging on overhead roadway signs to assist in recovery efforts for child abduction cases. As of December 2020, the AMBER Alert system had successfully assisted in the rescue of 1,029 kidnapped children.
(10) The AMBER Alert system must fulfill strict criteria for the message to be broadcast. If these criteria are not met, an AMBER Alert cannot be issued, and the child is labeled as a runaway.
(11) When a missing child is listed as a runaway, they receive no media coverage, and less police and government resources are available for their recovery.
(12) Being identified as a runaway can also be a legal loophole for law enforcement, because when a child is listed as a runaway, the police are allowed to delay response and investigation time. In cases where the child is mislabeled as a runaway, this delay is crucial time that could be spent locating a child in danger.
(13) Black missing children are disproportionately classified as runaways in comparison to their white counterparts and do not receive the AMBER Alert, which ultimately means that fewer resources are allotted to safe return of Black children.
(b) The Legislature intends to provide law enforcement with additional tools to disseminate timely, accurate information to engage the public and the media to more effectively assist with locating missing Black children and young women that are disproportionately missing in California.
SEC. 2. Section 8594.14 is added to the Government Code, to read:8594.14. (a) For purposes of this section, Ebony Alert means a notification system, activated pursuant to subdivision (b), designed to issue and coordinate alerts with respect to Black youth, including young women and girls, who are reported missing under unexplained or suspicious circumstances.(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 law enforcement agency may request the Department of the California Highway Patrol to activate an Ebony Alert. If the Department of the California Highway Patrol concurs that the requirements of subdivision (c) have been met, it shall activate an Ebony Alert within the appropriate geographical area requested by the investigating law enforcement agency.(2) Radio, television, cable, satellite, and social media systems are encouraged to, but not required to, cooperate with disseminating the information contained in an Ebony Alert.(3) Upon activation of an Ebony Alert, the Department of the California Highway Patrol shall assist the investigating law enforcement agency by issuing a be-on-the-lookout alert, an electronic flyer, or changeable message signs in compliance with paragraph (4).(4) Upon activation of an Ebony Alert, the Department of the California Highway Patrol may use a changeable message sign if both of the following conditions are met:(A) A law enforcement agency determines that a vehicle may be involved in the missing person incident.(B) Specific identifying information about the vehicle is available for public dissemination.(c) A law enforcement agency may request that an Ebony Alert be activated if that agency, after considering the following factors, determines that an Ebony Alert would be an effective tool in the investigation of missing Black youth, including a young woman or girl:(1) The missing person is between 12 to 25 years of age, inclusive.(2) The missing person suffers from a mental or physical disability.(3) The person is missing under circumstances that indicate any of the following:(A) The missing persons physical safety may be endangered.(B) The disappearance of the missing person may not have been voluntary, including an abduction or kidnaping.(C) The missing person may be subject to trafficking.(4) The law enforcement agency determines that the person has gone missing under unexplained or suspicious circumstances.(5) 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.(6) The investigating law enforcement agency has utilized available local resources.(7) There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person.
SEC. 2. Section 8594.14 is added to the Government Code, to read:
### SEC. 2.
8594.14. (a) For purposes of this section, Ebony Alert means a notification system, activated pursuant to subdivision (b), designed to issue and coordinate alerts with respect to Black youth, including young women and girls, who are reported missing under unexplained or suspicious circumstances.(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 law enforcement agency may request the Department of the California Highway Patrol to activate an Ebony Alert. If the Department of the California Highway Patrol concurs that the requirements of subdivision (c) have been met, it shall activate an Ebony Alert within the appropriate geographical area requested by the investigating law enforcement agency.(2) Radio, television, cable, satellite, and social media systems are encouraged to, but not required to, cooperate with disseminating the information contained in an Ebony Alert.(3) Upon activation of an Ebony Alert, the Department of the California Highway Patrol shall assist the investigating law enforcement agency by issuing a be-on-the-lookout alert, an electronic flyer, or changeable message signs in compliance with paragraph (4).(4) Upon activation of an Ebony Alert, the Department of the California Highway Patrol may use a changeable message sign if both of the following conditions are met:(A) A law enforcement agency determines that a vehicle may be involved in the missing person incident.(B) Specific identifying information about the vehicle is available for public dissemination.(c) A law enforcement agency may request that an Ebony Alert be activated if that agency, after considering the following factors, determines that an Ebony Alert would be an effective tool in the investigation of missing Black youth, including a young woman or girl:(1) The missing person is between 12 to 25 years of age, inclusive.(2) The missing person suffers from a mental or physical disability.(3) The person is missing under circumstances that indicate any of the following:(A) The missing persons physical safety may be endangered.(B) The disappearance of the missing person may not have been voluntary, including an abduction or kidnaping.(C) The missing person may be subject to trafficking.(4) The law enforcement agency determines that the person has gone missing under unexplained or suspicious circumstances.(5) 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.(6) The investigating law enforcement agency has utilized available local resources.(7) There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person.
8594.14. (a) For purposes of this section, Ebony Alert means a notification system, activated pursuant to subdivision (b), designed to issue and coordinate alerts with respect to Black youth, including young women and girls, who are reported missing under unexplained or suspicious circumstances.(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 law enforcement agency may request the Department of the California Highway Patrol to activate an Ebony Alert. If the Department of the California Highway Patrol concurs that the requirements of subdivision (c) have been met, it shall activate an Ebony Alert within the appropriate geographical area requested by the investigating law enforcement agency.(2) Radio, television, cable, satellite, and social media systems are encouraged to, but not required to, cooperate with disseminating the information contained in an Ebony Alert.(3) Upon activation of an Ebony Alert, the Department of the California Highway Patrol shall assist the investigating law enforcement agency by issuing a be-on-the-lookout alert, an electronic flyer, or changeable message signs in compliance with paragraph (4).(4) Upon activation of an Ebony Alert, the Department of the California Highway Patrol may use a changeable message sign if both of the following conditions are met:(A) A law enforcement agency determines that a vehicle may be involved in the missing person incident.(B) Specific identifying information about the vehicle is available for public dissemination.(c) A law enforcement agency may request that an Ebony Alert be activated if that agency, after considering the following factors, determines that an Ebony Alert would be an effective tool in the investigation of missing Black youth, including a young woman or girl:(1) The missing person is between 12 to 25 years of age, inclusive.(2) The missing person suffers from a mental or physical disability.(3) The person is missing under circumstances that indicate any of the following:(A) The missing persons physical safety may be endangered.(B) The disappearance of the missing person may not have been voluntary, including an abduction or kidnaping.(C) The missing person may be subject to trafficking.(4) The law enforcement agency determines that the person has gone missing under unexplained or suspicious circumstances.(5) 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.(6) The investigating law enforcement agency has utilized available local resources.(7) There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person.
8594.14. (a) For purposes of this section, Ebony Alert means a notification system, activated pursuant to subdivision (b), designed to issue and coordinate alerts with respect to Black youth, including young women and girls, who are reported missing under unexplained or suspicious circumstances.(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 law enforcement agency may request the Department of the California Highway Patrol to activate an Ebony Alert. If the Department of the California Highway Patrol concurs that the requirements of subdivision (c) have been met, it shall activate an Ebony Alert within the appropriate geographical area requested by the investigating law enforcement agency.(2) Radio, television, cable, satellite, and social media systems are encouraged to, but not required to, cooperate with disseminating the information contained in an Ebony Alert.(3) Upon activation of an Ebony Alert, the Department of the California Highway Patrol shall assist the investigating law enforcement agency by issuing a be-on-the-lookout alert, an electronic flyer, or changeable message signs in compliance with paragraph (4).(4) Upon activation of an Ebony Alert, the Department of the California Highway Patrol may use a changeable message sign if both of the following conditions are met:(A) A law enforcement agency determines that a vehicle may be involved in the missing person incident.(B) Specific identifying information about the vehicle is available for public dissemination.(c) A law enforcement agency may request that an Ebony Alert be activated if that agency, after considering the following factors, determines that an Ebony Alert would be an effective tool in the investigation of missing Black youth, including a young woman or girl:(1) The missing person is between 12 to 25 years of age, inclusive.(2) The missing person suffers from a mental or physical disability.(3) The person is missing under circumstances that indicate any of the following:(A) The missing persons physical safety may be endangered.(B) The disappearance of the missing person may not have been voluntary, including an abduction or kidnaping.(C) The missing person may be subject to trafficking.(4) The law enforcement agency determines that the person has gone missing under unexplained or suspicious circumstances.(5) 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.(6) The investigating law enforcement agency has utilized available local resources.(7) There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person.
8594.14. (a) For purposes of this section, Ebony Alert means a notification system, activated pursuant to subdivision (b), designed to issue and coordinate alerts with respect to Black youth, including young women and girls, who are reported missing under unexplained or suspicious circumstances.
(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 law enforcement agency may request the Department of the California Highway Patrol to activate an Ebony Alert. If the Department of the California Highway Patrol concurs that the requirements of subdivision (c) have been met, it shall activate an Ebony Alert within the appropriate geographical area requested by the investigating law enforcement agency.
(2) Radio, television, cable, satellite, and social media systems are encouraged to, but not required to, cooperate with disseminating the information contained in an Ebony Alert.
(3) Upon activation of an Ebony Alert, the Department of the California Highway Patrol shall assist the investigating law enforcement agency by issuing a be-on-the-lookout alert, an electronic flyer, or changeable message signs in compliance with paragraph (4).
(4) Upon activation of an Ebony Alert, the Department of the California Highway Patrol may use a changeable message sign if both of the following conditions are met:
(A) A law enforcement agency determines that a vehicle may be involved in the missing person incident.
(B) Specific identifying information about the vehicle is available for public dissemination.
(c) A law enforcement agency may request that an Ebony Alert be activated if that agency, after considering the following factors, determines that an Ebony Alert would be an effective tool in the investigation of missing Black youth, including a young woman or girl:
(1) The missing person is between 12 to 25 years of age, inclusive.
(2) The missing person suffers from a mental or physical disability.
(3) The person is missing under circumstances that indicate any of the following:
(A) The missing persons physical safety may be endangered.
(B) The disappearance of the missing person may not have been voluntary, including an abduction or kidnaping.
(C) The missing person may be subject to trafficking.
(4) The law enforcement agency determines that the person has gone missing under unexplained or suspicious circumstances.
(5) 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.
(6) The investigating law enforcement agency has utilized available local resources.
(7) There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person.
(a)A county, including a city and county, shall, upon the next update to its emergency plan, integrate access and functional needs into its emergency plan by addressing, at a minimum, how the access and functional needs population is being served by the following:
(1)Emergency communications, including the integration of interpreters, translators, and assistive technology.
(2)Emergency evacuation, including all of the following:
(A)The identification of transportation resources and resources that are compliant with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) for individuals who are dependent on public transportation.
(B)Integrating evacuation and transportation plans to account for local community resilience centers.
(C)Ensuring that local community resilience centers are prepared to serve as communitywide assets during extreme heat events and other disasters.
(D)Designating available locations that may be necessary to provide respite to individuals during emergencies, including, but not limited to, extreme heat, cold, or unhealthy air incidents.
(E)Integrating evacuation plans to account for the following:
(i)Community resilience center programs, including, but not limited to, the Integrated Climate Adaptation and Resiliency Program (ICARP) Community Resilience and Heat Grant Program developed by the Office of Planning and Research.
(ii)Fairground resilience center programs, including, but not limited to, the Fairground and Community Resilience Center Grant Program developed by the Department of Food and Agriculture.
(3)Emergency sheltering, including both of the following:
(A)Ensuring that designated shelters are compliant with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) or can be made compliant through modification and that showers and bathrooms are fully accessible to all occupants.
(B)Integrating sheltering and transportation plans to account for transportation between community resilience centers and shelters.
(b)A local government may enter into an agreement with a, or may use the records of its own, social services department to access the contact information of persons from the access and functional needs population, and the contact information of the designated emergency contacts of those persons, if any, for the sole purpose of enrolling those individuals, who are residents of that local government, in a city-operated, county-operated, or city- and county-operated public emergency warning system.
(c)A county, or city and county, upon the next update to its emergency plan, regarding the integration of access and functional needs into that emergency plan, shall include representatives from the access and functional needs population, pursuant to subdivision (b), including, but not limited to, social service agencies, nonprofit organizations, and transportation providers.
(d)A local government that enters into an agreement to access information pursuant to subdivision (b) shall include procedures to enable any covered resident or designated emergency contact to opt out of the warning system and a process to terminate the local governments access to the contact information of the resident or the designated emergency contact from a county social services department. A local government or any third-party contractor or agent that assists with or administers an emergency warning system shall not use the information gathered for any purpose other than for emergency notification. The local government shall ensure that the confidentiality of the contact information is protected under reasonable security procedures.
(e)A local government that enters into an agreement to access information pursuant to subdivision (b) shall, upon receipt of that information, notify residents and designated emergency contacts that they have been entered into the public emergency warning system. This notification shall include a process to opt out of the warning system and to terminate the local governments access to the contact information of the resident or the designated emergency contact for purposes of the emergency warning system, regardless of the source of the information.
(f)For purposes of this section, the following definitions apply:
(1)Access and functional needs population consists of individuals who have developmental or intellectual disabilities, physical disabilities, chronic conditions, injuries, limited English proficiency or who are non-English speaking, older adults, children, people living in institutionalized settings, or those who are low income, homeless, or transportation disadvantaged, including, but not limited to, those who are dependent on public transit or those who are pregnant.
(2)Contact information means a persons name, address, telephone number, and email address.
(3)Local community resilience center means a hydration station, cooling center, clean air center, respite center, community evacuation and emergency response center, or similar facility established to mitigate the public health impacts of extreme heat and other emergency situations exacerbated by climate change, such as wildfire, power outages, or flooding, on local populations.
(4)Local government means a city or county, including a city and county.
(g)Any contact information of a person from the access and functional needs population or the contact information of the designated emergency contact for that person, obtained by a local government pursuant to this section shall not specify whether that person receives public benefits or any other information, besides the contact information, that would be considered personal or confidential.