Existing law requires the California Highway Patrol to activate the Emergency Alert System at the request of an authorized person at a law enforcement agency if 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 other conditions are met.

Existing law authorizes a law enforcement agency to request the Department of the California Highway Patrol to activate a Silver Alert, as defined, if the agency receives a report of a missing person who is 65 years of age or older, developmentally disabled, or cognitively impaired, and certain conditions are met, including that all local resources have been utilized and the disappearance is unexplained or suspicious. Upon concurrence by the Department of the California Highway Patrol that the conditions have been met, existing law requires the department to issue the alert, which may take the form of a be-on-the-lookout alert, an Emergency Digital Information Service message, or an electronic flyer, within the geographical area.

This bill would authorize a law enforcement agency to request the Department of the California Highway Patrol to activate an Endangered Missing Advisory, as defined, if the agency receives a report of a missing person and the agency determines that all of specified conditions are met regarding the investigation of the missing person, including, among others, that the person is developmentally disabled, cognitively impaired, has been abducted, or is unable to otherwise care for themselves, placing their physical safety at risk.

This bill would authorize the department, if it concurs that these conditions have been met, to activate an Endangered Missing Advisory within the appropriate geographical area. Upon activation of an Endangered Missing Advisory, the bill would authorize the department to assist the investigating law enforcement agency by disseminating an electronic flyer or activating changeable message signs in compliance with certain procedures.

Existing law requires the California Highway Patrol to activate the Emergency Alert System at the request of an authorized person at a law enforcement agency if 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 other conditions are met.

Existing law authorizes a law enforcement agency to request the Department of the California Highway Patrol to activate a Silver Alert, as defined, if the agency receives a report of a missing person who is 65 years of age or older, developmentally disabled, or cognitively impaired, and certain conditions are met, including that all local resources have been utilized and the disappearance is unexplained or suspicious. Upon concurrence by the Department of the California Highway Patrol that the conditions have been met, existing law requires the department to issue the alert, which may take the form of a be-on-the-lookout alert, an Emergency Digital Information Service message, or an electronic flyer, within the geographical area.

This bill would authorize a law enforcement agency to request the Department of the California Highway Patrol to activate an Endangered Missing Advisory, as defined, if the agency receives a report of a missing person and the agency determines that all of specified conditions are met regarding the investigation of the missing person, including, among others, that the person is developmentally disabled, cognitively impaired, has been abducted, or is unable to otherwise care for themselves, placing their physical safety at risk.

This bill would authorize the department, if it concurs that these conditions have been met, to activate an Endangered Missing Advisory within the appropriate geographical area. Upon activation of an Endangered Missing Advisory, the bill would authorize the department to assist the investigating law enforcement agency by disseminating an electronic flyer or activating changeable message signs in compliance with certain procedures.

Existing law requires the California Highway Patrol to activate the Emergency Alert System at the request of an authorized person at a law enforcement agency if 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 other conditions are met.

Existing law authorizes a law enforcement agency to request the Department of the California Highway Patrol to activate a Silver Alert, as defined, if the agency receives a report of a missing person who is 65 years of age or older, developmentally disabled, or cognitively impaired, and certain conditions are met, including that all local resources have been utilized and the disappearance is unexplained or suspicious. Upon concurrence by the Department of the California Highway Patrol that the conditions have been met, existing law requires the department to issue the alert, which may take the form of a be-on-the-lookout alert, an Emergency Digital Information Service message, or an electronic flyer, within the geographical area.

This bill would authorize a law enforcement agency to request the Department of the California Highway Patrol to activate an Endangered Missing Advisory, as defined, if the agency receives a report of a missing person and the agency determines that all of specified conditions are met regarding the investigation of the missing person, including, among others, that the person is developmentally disabled, cognitively impaired, has been abducted, or is unable to otherwise care for themselves, placing their physical safety at risk.

This bill would authorize the department, if it concurs that these conditions have been met, to activate an Endangered Missing Advisory within the appropriate geographical area. Upon activation of an Endangered Missing Advisory, the bill would authorize the department to assist the investigating law enforcement agency by disseminating an electronic flyer or activating changeable message signs in compliance with certain procedures.

CONSENT  

Bill No: AB 946

Author: Stephanie Nguyen (D)

Introduced: 2/14/23

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 5-0, 6/13/23

AYES: Wahab, Ochoa Bogh, Bradford, Skinner, Wiener

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 66-0, 5/11/23 (Consent) - See last page for vote

SUBJECT: Emergency services: endangered missing advisory

SOURCE: Author

DIGEST:

This bill codifies the California Highway Patrol’s (CHP) existing Endangered Missing Advisory (EMA) Alert Program.

ANALYSIS:

Existing law:

1. Requires the driver of a vehicle involved in an accident resulting in injury to another person to stop at the scene of the accident and to fulfill specified requirements, including providing identifying information and rendering assistance. (Veh. Code, § 20001 (a).)
   
2. Provides that, except as specified, fleeing the scene of an accident resulting in injury to another, is punishable by 16 months, two, or three years in state prison or, by imprisonment in a county jail not to exceed one year, or by a fine of not less than $1,000 nor more than $10,000, or by both a fine and imprisonment. (Veh. Code, § 20001 (b)(1).)
   
3. Provides that fleeing the scene of an accident which results in permanent, serious injury or death to another, is punishable by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than 90 days nor more than one year, or by a fine ranging between $1,000 and $10,000, or by both a fine and imprisonment. (Veh. Code, § 20001 (b).)
   
4. Allows the court, in the interests of justice, to reduce or eliminate the minimum term of imprisonment required for a conviction of fleeing the scene of an accident causing death or permanent, serious injury. (Veh. Code, § 20001 (b).)
5. States that a person who flees the scene of an accident after committing gross vehicular manslaughter or gross vehicular manslaughter while intoxicated, upon conviction for that offense, shall be punished by an additional term of five years in the state prison. This additional term runs consecutive to the punishment for the vehicular manslaughter. (Veh. Code, § 20001 (c).)
6. States that if an abduction has been reported to a law enforcement agency 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 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 the victim, the agency, through a person authorized to activate the Emergency Alert System (EAS), shall request the activation of the EAS within the appropriate local area. (Gov. Code, § 8594 (a).)
7. Provides that California Highway Patrol (CHP) 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 Police Officers' Association shall develop policies and procedures providing instructions specifying how law enforcement agencies, broadcasters participating in the EAS, and where appropriate, other supplemental warning systems, shall proceed after qualifying abduction has been reported to a law enforcement agency. (Gov. Code, § 8594 (b).)
8. Defines a “Blue Alert” as a quick response system designed to issue and coordinate alerts following an attack upon a law enforcement officer, as specified. (Gov. Code, § 8594.5, (a).)
9. Provides that in addition to the circumstances described under existing law relating to "Amber Alerts", upon the request of an authorized person at a law enforcement agency that is investigating an offense, the CHP shall activate the EAS and issue a blue alert if all of the following conditions are met:
   
10. A law enforcement officer has been killed, suffers serious bodily injury, or is assaulted with a deadly weapon, and the suspect has fled the scene of the offense;
    
11. A law enforcement agency investigating the offense has determined that the suspect poses an imminent threat to the public or other law enforcement personnel;
    
12. A detailed description of the suspect’s vehicle or license plate is available for broadcast;
    
13. Public dissemination of available information may help avert further harm or accelerate apprehension of the suspect; and,
    
14. The CHP has been designated to use the federally authorized EAS for the issuance of blue alerts. (Gov. Code, § 8594.5 (b).)
15. Provides that the "Blue Alert" system incorporates a variety of notification resources and developing technologies that may be tailored to the circumstances and geography of the underlying attack. The blue alert system shall utilize the state-controlled Emergency Digital Information System, (EDIS) local digital signs, focused text, or other technologies, as appropriate, in addition to the federal EAS, if authorized and under conditions permitted by the federal government. (Gov. Code, § 8594.5 (c).)
16. Defines a "Silver Alert" as a notification system, that can be activated as specified, and is designed to issue and coordinate alerts with respect to a person 65 years of age or older who is reported missing. (Gov. Code, § 8594.10 . (a).
17. Provides that if a person is reported missing to a law enforcement agency, and that agency determines that specified requirements are met, The agency may request the CHP to activate a "Silver Alert". If the CHP concurs that the specified requirements are met, it shall activate a "Silver Alert" within the geographical area requested by the investigating law enforcement agency. (Gov. Code § 8594.10. (c).)
    
18. States that 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:
    
19. The missing person is 65 years of age or older;
    
20. The investigating law enforcement agency has utilized all available local resources;
    
21. The law enforcement agency determines that that the person has gone missing under unexplained or suspicious circumstances;
    
22. 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 there are other factors indicating that the person may be in peril; and,
    
23. There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person. (Gov. Code § 8594.10 (c).)
24. Provides that the “feather alert” authorizes the Department of the California Highway Patrol (CHP) to activate an Endangered Missing Advisory upon request by a law enforcement agency when the following requirements are met.
    
25. The missing Indigenous person has been involuntarily abducted or kidnapped.
26. The investing law enforcement agency has utilized local and tribal resources.
27. The law enforcement agency determines that the person has gone missing under unexplainable or suspicious circumstances.
28. There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person.
29. Provides that CHP may use a changeable message sign if the law enforcement agency determines a vehicle was used in the incident and there is specific identifying information about the vehicle.
30. Defines “Endangered Missing Advisory” as a notification system, activated to issue and coordinate alerts with respect to an Indigenous person who has been involuntary abducted or kidnapped.
    
31. Requires CHP to evaluate this section, including the efficacy, the advantages, and the impact to other alert programs and submit it to the Governor and Legislature no later than January 1, 2027.

This bill:

1. Codifies the California Highway Patrol’s (CHP) existing Endangered Missing Advisory (EMA) Alert Program.
2. Establishes the EMA and defines it as a notification system designed to issue and coordinate alerts with respect to a person who is at risk, developmentally disabled, or cognitively impaired, or who has been abducted.
3. Authorizes law enforcement agencies to request CHP to activate an Endangered Missing Advisory and authorizes CHP to activate an EMA within the appropriate geographical area, as specified.
4. Authorizes CHP to assist the investigating law enforcement agency by disseminating an electronic flyer or activating changeable message signs if an EMA is activated, as specified.
5. Authorizes law enforcement agencies to request an EMA activation if the following conditions are met regarding the investigation of the missing person:
   1. The missing person is developmentally disabled, cognitively impaired, has been abducted, or is unable to otherwise care for themselves, placing their physical safety at risk.
   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 unexplainable 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.
6. Defines “cognitively impaired” and “developmentally disabled” for the purposes of this statute, as specified.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 6/26/23)

Association of Regional Center Agencies
California Association of Highway Patrolmen
California State Council on Developmental Disabilities

OPPOSITION: (Verified 6/26/23)

None received

ASSEMBLY FLOOR: 66-0, 5/11/23

AYES: Addis, Aguiar-Curry, Alanis, Bains, Bennett, Berman, Boerner, Bryan, Calderon, Wendy Carrillo, Chen, Connolly, Megan Dahle, Davies, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Low, Lowenthal, Maienschein, Mathis, McKinnor, Muratsuchi, Stephanie Nguyen, Pacheco, Papan, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Weber, Wicks, Wilson, Zbur, Rendon

NO VOTE RECORDED: Alvarez, Arambula, Bauer-Kahan, Bonta, Juan Carrillo, Cervantes, Dixon, Hart, Lee, McCarty, Ortega, Jim Patterson, Ward, Wood

Prepared by: Mary Kennedy / PUB. S. /

6/28/23 11:12:26

**** END ****

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Aisha Wahab, Chair

2023 - 2024 Regular

Bill No: AB 946 Hearing Date: June 13, 2023

Subject: Emergency services: endangered missing advisory

HISTORY

Source: Author

Prior Legislation: AB 1314 (Ramos) Chapter 476, Stats. 2022

AB 8 (Gatto) Chapter 326, Stats. 2015

AB 47 (Gatto) Vetoed 2014

SB 1127 (Torres) Chapter 440, Stats.2014

SB 1047 (Alquist) Chapter 651, Stats. 2012

SB 839 (Runner) Chapter 311, Stats. 2010

SB 38 (Alquist) failed Assembly Appropriations, 2009

SB 415 (Runner) Chapter 517, Stats. 2002

SB 6 (Rainey) Chapter 507, Stats. 1999

Support: California Association of Highway Patrolmen; California State Council on Developmental Disabilities

Opposition: None known

Assembly Floor Vote: 66 - 0

PURPOSE

The purpose of this bill is to codify the California Highway Patrol’s (CHP) existing Endangered Missing Advisory (EMA) Alert Program.

Existing law requires the driver of a vehicle involved in an accident resulting in injury to another person to stop at the scene of the accident and to fulfill specified requirements, including providing identifying information and rendering assistance. (Veh. Code, § 20001 (a).)

Existing law provides that, except as specified, fleeing the scene of an accident resulting in injury to another, is punishable by 16 months, two, or three years in state prison or, by imprisonment in a county jail not to exceed one year, or by a fine of not less than $1,000 nor more than $10,000, or by both a fine and imprisonment. (Veh. Code, § 20001 (b)(1).)

Existing law provides that fleeing the scene of an accident which results in permanent, serious injury or death to another, is punishable by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than 90 days nor more than one year, or by a fine ranging between $1,000 and $10,000, or by both a fine and imprisonment. (Veh. Code, § 20001 (b).)

Existing law allows the court, in the interests of justice, to reduce or eliminate the minimum term of imprisonment required for a conviction of fleeing the scene of an accident causing death or permanent, serious injury. (Veh. Code, § 20001 (b).)

Existing law states that a person who flees the scene of an accident after committing gross vehicular manslaughter or gross vehicular manslaughter while intoxicated, upon conviction for that offense, shall be punished by an additional term of five years in the state prison. This additional term runs consecutive to the punishment for the vehicular manslaughter. (Veh. Code, § 20001 (c).)

Existing law states that if an abduction has been reported to a law enforcement agency 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 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 the victim, the agency, through a person authorized to activate the Emergency Alert System (EAS), shall request the activation of the EAS within the appropriate local area. (Gov. Code, § 8594 (a).)

Existing law provides that California Highway Patrol (CHP) 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 Police Officers' Association shall develop policies and procedures providing instructions specifying how law enforcement agencies, broadcasters participating in the EAS, and where appropriate, other supplemental warning systems, shall proceed after qualifying abduction has been reported to a law enforcement agency. (Gov. Code, § 8594 (b).)

Existing law defines a “Blue Alert” as a quick response system designed to issue and coordinate alerts following an attack upon a law enforcement officer, as specified. (Gov. Code, § 8594.5, (a).)

Existing law provides that in addition to the circumstances described under existing law relating to "Amber Alerts", upon the request of an authorized person at a law enforcement agency that is investigating an offense, the CHP shall activate the EAS and issue a blue alert if all of the following conditions are met:

1. A law enforcement officer has been killed, suffers serious bodily injury, or is assaulted with a deadly weapon, and the suspect has fled the scene of the offense;
   
2. A law enforcement agency investigating the offense has determined that the suspect poses an imminent threat to the public or other law enforcement personnel;
   
3. A detailed description of the suspect’s vehicle or license plate is available for broadcast;
   
4. Public dissemination of available information may help avert further harm or accelerate apprehension of the suspect; and,
   
5. The CHP has been designated to use the federally authorized EAS for the issuance of blue alerts. (Gov. Code, § 8594.5 (b).)
   

Existing law provides that the "Blue Alert" system incorporates a variety of notification resources and developing technologies that may be tailored to the circumstances and geography of the underlying attack. The blue alert system shall utilize the state-controlled Emergency Digital Information System, (EDIS) local digital signs, focused text, or other technologies, as appropriate, in addition to the federal EAS, if authorized and under conditions permitted by the federal government. (Gov. Code, § 8594.5 (c).)

Existing law defines a "Silver Alert" as a notification system, that can be activated as specified, and is designed to issue and coordinate alerts with respect to a person 65 years of age or older who is reported missing. (Gov. Code, § 8594.10 . (a).

Existing law provides that if a person is reported missing to a law enforcement agency, and that agency determines that specified requirements are met, The agency may request the CHP to activate a "Silver Alert". If the CHP concurs that the specified requirements are met, it shall activate a "Silver Alert" within the geographical area requested by the investigating law enforcement agency. (Gov. Code § 8594.10. (c).)

Existing law states that 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 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 there are other factors indicating that the person may be in peril; and,
   
5. There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person. (Gov. Code § 8594.10 (c).)

Existing law provides that the “feather alert” authorizes the Department of the California Highway Patrol (CHP) to activate an Endangered Missing Advisory upon request by a law enforcement agency when the following requirements are met.

1. The missing Indigenous person has been involuntarily abducted or kidnapped.
2. The investing law enforcement agency has utilized local and tribal resources.
3. The law enforcement agency determines that the person has gone missing under unexplainable or suspicious circumstances.
4. There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person.

Existing law provides that CHP may use a changeable message sign if the law enforcement agency determines a vehicle was used in the incident and there is specific identifying information about the vehicle.

Existing law defines “Endangered Missing Advisory” as a notification system, activated to issue and coordinate alerts with respect to an Indigenous person who has been involuntary abducted or kidnapped.

Existing law requires CHP to evaluate this section, including the efficacy, the advantages, and the impact to other alert programs and submit it to the Governor and Legislature no later than January 1, 2027.

This bill codifies the California Highway Patrol’s (CHP) existing Endangered Missing Advisory (EMA) Alert Program.

This bill establishes the EMA and defines it as a notification system designed to issue and coordinate alerts with respect to a person who is at risk, developmentally disabled, or cognitively impaired, or who has been abducted.

This bill authorizes law enforcement agencies to request CHP to activate an Endangered Missing Advisory and authorizes CHP to activate an EMA within the appropriate geographical area, as specified.

This bill authorizes CHP to assist the investigating law enforcement agency by disseminating an electronic flyer or activating changeable message signs if an EMA is activated, as specified.

This bill authorizes law enforcement agencies to request an EMA activation if the following conditions are met regarding the investigation of the missing person:

• 1. The missing person is developmentally disabled, cognitively impaired, has been abducted, or is unable to otherwise care for themselves, placing their physical safety at risk.
  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 unexplainable 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.

This bill defines “cognitively impaired” and “developmentally disabled” for the purposes of this statute, as specified.

COMMENTS

1. Need for This Bill

Existing law requires the California Highway Patrol (CHP) to activate the California’s AMBER or Silver Alert Programs if a missing individual is below the age of 18 and above the age of 65. Similar to the Federal Ashanti Alert Act which encompasses those missing or endangered persons aged 18 through 64 years, CHP currently utilizes the Endangered Missing Advisory (EMA) Alert Program that was established through the regulation process. AB 946 simply codifies the CHP’s existing EMA in statute to help facilitate local search efforts for missing individuals within the appropriate geographical area, who fall outside the scope of America’s Missing: Broadcast Emergency Response (AMBER) and Silver Alerts

2. Emergency Alert System

The Emergency Alert System (EAS) is part of the broader Integrated Public Alert & Warning System (IPAWS) within FEMA’s national system for local alerting that provides authenticated emergency and life-saving information to the public through mobile phones using Wireless Emergency Alerts to radio and television via the EAS, and on the National Oceanic and Atmospheric Administration’s Weather Radio. For California, FEMA and Cal OES designate entities with authority to alert and warn the public when there is a disaster, threat, or dangerous or missing person. Over 1,500 federal, state, local, tribal and territorial entities use IPAWS to send alerts and warnings.

The California Public Alert and Warning System (CalPAWS) Plan was developed by Cal OES for the purposes of formalizing effective processes and recommending standardized policies for alerting and warning California residents during local or state disasters. The plan outlines new

and existing public alerts, warnings, and notification systems to offer state and local authorities various capabilities and dissemination channels for emergency alerts^[1]. Currently, California utilizes IPAWS to disseminate emergency information via satellite Emergency Alert System providers, Wireless Emergency Alert system providers, Weather Service Systems, unique systems, and potential future systems.

California also has several alert systems for the purposes of aiding in the location of specific individuals or alerting of particular emergencies. The first system developed in California was “Amber Alert,” which authorized law enforcement agencies to use digital messaging on overhead roadway signs to assist in recovery efforts for child abduction cases. After a successful implementation, the "Blue Alert" and the "Silver Alert" notification systems were developed. The "Blue Alert" system provides for public notification when a law enforcement officer has been attacked, and the "Silver Alert" notification system provides for public notification when either (1) a person age 65 years or older or (2) a person who is developmentally disabled or cognitively impaired is missing. The “Feather Alert” is the most recent addition that notifies the public in cases of endangered indigenous people who are reported missing under unexplained or suspicious circumstances.^[2] (See https://www.caloes.ca.gov/wp-content/uploads/Warning-Center/Documents/StateofCaliforniaEAS-Plan.pdf for more information relating to California’s operation of existing emergency alerts.)

3. Endangered person advisory

This bill codifies CHP’s ability to put out an alert for a missing person, in addition to the specific types of alerts, if law enforcement determines the person is at risk, developmentally disabled, or cognitively impaired.

As with the other types of alerts, upon activation of the “Endangered Missing Advisory” CHP may send alerts in the appropriate geographical area and also activate changeable highway signs if a known vehicle is involved.

This bill also allows a law enforcement agency to request that an Endangered Missing Advisory be activated by CHP if they have utilized all their local resources, a determination is made that the person is at risk for one of a number of listed reasons, and, information disseminated to the public would help in the recovery of the missing person.

4. Similar legislation

SB 673 (Bradford) which creates an “ebony alert” passed this Committee 5-0 on April 18 and is currently in the Assembly Emergency Management Committee.

5. Argument in Support

According to State Council on Developmental Disabilities:

On behalf of the California State Council on Developmental Disabilities (SCDD) we support AB 946 (Nguyen). Currently persons with intellectual and developmental disabilities I/DD) are not included in the Endangered Missing Advisory (EMA) that sends alerts when persons below the age of 18 and over the age of 65 go missing. AB 946 will protect the I/DD community by including them in EMA’s.

The California Highway Patrol (CHP) is mandated by law to activate AMBER alerts or Silver Alerts, but authority does not exist for activating and EMA, though CHP has established an EMA program. AB 946 will add EMA text to law to enable regional and local search efforts for missing individuals who fall outside AMBER and Silver Alerts. Important to note is that the EMA program was originally created as a needed resource by CHP to include other persons who would otherwise not be captured with AMBER or Silver Alerts.

SCDD’s mission to represent and advocate for people with I/DD in California through systems-change advocacy, including 1) policy initiatives, 2) outreach, training, and technical assistance, and 3) monitoring of important supports and services that ensure independence and inclusive access to public services. AB 946 aligns with SCDD’s mission to advocate and ensure inclusive access to public services for persons with intellectual and developmental disabilities.

-- END –

1. “California State Warning Plan,” accessed March 30, 2023, https://calalerts.org/documents/calpaws/01California-State-Warning-Plan.pdf ↑

2. “News & Alerts,” accessed March 30, 2023, https://www.chp.ca.gov/news-alerts ↑

Date of Hearing: May 3, 2023

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Chris Holden, Chair

ABPCA Bill Id:AB 946

Author:(Stephanie Nguyen) – As Introduced Ver:February 14, 2023

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill codifies the California Highway Patrol’s (CHP’s) Endangered Missing Advisory (EMA) alert program.

Specifically, this bill:

1. Authorizes a law enforcement agency to request CHP activate an EMA if the agency receives a missing person’s report meeting specified criteria. An EMA is a notification system for a missing person who has been abducted or is at risk, developmentally disabled, or cognitively impaired.
2. Authorizes CHP to activate an EMA within the appropriate geographical area and assist the investigating agency by utilizing an electronic flyer or changeable message signs.

FISCAL EFFECT:

Minor and absorbable costs to CHP to activate an EMA. CHP notes it already has an EMA program that meets the alert conditions specified in this bill. CHP also notes utilizing an EMA may lead to cost savings for law enforcement agencies if the alert reduces the time it takes to investigate missing persons cases.

COMMENTS:

1. Purpose. According to the author:

Existing law requires the [CHP] to activate the California AMBER or Silver Alert Programs if a missing individual is below the age of 18 and above the age of 65. CHP currently utilizes an established Endangered Missing Advisory (EMA) Alert Program similar to the Ashanti Alert Act introduced by the Federal Government to encompass those missing or endangered persons aged 18 through 64 years. AB 946 simply codifies CHP’s existing EMA in order to help facilitate local search efforts for missing individuals within the appropriate geographical area, who fall outside the scope of America’s Missing: Broadcast Emergency Response (AMBER) and Silver Alerts.

1. Alert Systems. The AMBER Alert was California’s first alert system to help find missing persons, allowing CHP to activate the Emergency Alert System in certain cases when a child under age 17 or individual with a proven mental or physical disability has been abducted and in imminent danger of serious bodily injury or death. Subsequent alert systems for public notification include the (a) Blue Alert when a law enforcement officer is attacked, (b) Silver Alert when a person age 65 or older or a person with developmental disabilities or cognitive impairment is missing, (c) Feather Alert when an Indigenous person is abducted or kidnapped, and (d) Yellow Alert to aid in apprehending a person involved in a hit-and-run crash causing death.

Federal law also authorizes a national communications alert network to aid in locating missing individuals who do not qualify for AMBER or Silver Alerts, but are individuals age 17 and older who have special needs or are endangered, abducted, or kidnapped. The voluntary program allows member states, territories, and tribes to conduct regional and local searches for missing individuals by rapidly disseminating relevant information via wireless alerts or the Emergency Alert System. This bill allows CHP to issue an EMA under similar circumstances, which is already an existing practice of CHP.

1. Prior Legislation. AB 1314 (Ramos), Chapter 467, Statutes of 2022, established the Feather Alert system.

AB 1732 (Patterson), Chapter 107, Statutes of 2022, reestablished the expired Yellow Alert system.

Analysis Prepared by: Irene Ho / APPR. / (916) 319-2081

Date of Hearing: April 17, 2023

ASSEMBLY COMMITTEE ON EMERGENCY MANAGEMENT

Freddie Rodriguez, Chair

ABPCA Bill Id:AB 946 (

Author:Stephanie Nguyen) – As Introduced Ver:February 14, 2023

SUBJECT: Emergency services: endangered missing advisory

SUMMARY: This bill codifies the California Highway Patrol’s (CHP) existing Endangered Missing Advisory (EMA) Alert Program. Specifically, this bill:

1. Establishes the EMA and defines it as a notification system designed to issue and coordinate alerts with respect to a person who is at risk, developmentally disabled, or cognitively impaired, or who has been abducted.
2. Authorizes law enforcement agencies to request CHP to activate an Endangered Missing Advisory and authorizes CHP to activate an EMA within the appropriate geographical area, as specified.
3. Authorizes CHP to assist the investigating law enforcement agency by disseminating an electronic flyer or activating changeable message signs if an EMA is activated, as specified.
4. Authorizes law enforcement agencies to request an EMA activation if the following conditions are met regarding the investigation of the missing person:
   1. The missing person is developmentally disabled, cognitively impaired, has been abducted, or is unable to otherwise care for themselves, placing their physical safety at risk.
   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 unexplainable 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.
5. Defines “cognitively impaired” and “developmentally disabled” for the purposes of this statute, as specified.

EXISTING LAW:

1. Established the “AMBER Alert” system and states that if an abduction has been reported to a law enforcement agency 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 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 the victim, the agency, through a person authorized to activate the Emergency Alert System (EAS), shall request the activation of the EAS within the appropriate local area. (Government (Gov) Code, § 8594)
2. Provides that the CHP, 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 Police Officers' Association, shall develop policies and procedures providing instructions specifying how law enforcement agencies, broadcasters participating in the EAS, and where appropriate, other supplemental warning systems, shall proceed after qualifying abduction has been reported to a law enforcement agency. (Gov. Code, § 8594)
3. Establishes the “Blue Alert,” and defines it as a quick response system designed to issue and coordinate alerts following an attack upon a law enforcement officer, as specified. (Gov. Code, § 8594.5)
4. Establishes the “Silver Alert” and defines it as a notification system that can be activated as specified, and is designed to issue and coordinate alerts with respect to a person 65 years of age or older who is reported missing. (Gov. Code, § 8594.10)
5. Establishes the “Feather Alert,” designed to issue and coordinate alerts with respect to endangered indigenous people, specifically indigenous women or indigenous people, who are reported missing under unexplained or suspicious circumstances. (Gov. Code, § 8594.13)
6. Establishes the “Yellow Alert” to issue and coordinate alerts with respect to a hit-and-run incident resulting in the death of a person (Gov. Code, § 8594.13)

FISCAL EFFECT: Unknown. A fiscal committee has not heard this bill.

COMMENTS:

Bill Purpose: According to the author, “Existing law requires the California Highway Patrol (CHP) to activate the California’s AMBER or Silver Alert Programs if a missing individual is below the age of 18 and above the age of 65. CHP currently utilizes an established Endangered Missing Advisory (EMA) Alert Program similar to the Ashanti Alert Act introduced by the Federal Government to encompass those missing or endangered persons aged 18 through 64 years. AB 946 simply codifies the CHP’s existing EMA in order to help facilitate local search efforts for missing individuals within the appropriate geographical area, who fall outside the scope of America’s Missing: Broadcast Emergency Response (AMBER) and Silver Alerts.”

Equity Impact: According to the author’s staff, “AB 946 will protect individuals who are unable to care for themselves such as developmentally disabled and cognitively impaired citizens that fall outside the Amber and Silver alert. This bill authorizes CHP to activate an Endangered Missing Advisory to rapidly spread or activate changeable message signs that would help facilitate regional and local search effort for the missing vulnerable individuals.”

Ashanti Alert Act (Federal): Congress passed the Ashanti Alert Act in 2018. This act authorized the creation of a national communications alert network to aid in locating missing individuals who do not qualify for AMBER alerts or Silver Alerts. The program is voluntary and allows member states, territories, and tribes to conduct regional and local searches for missing individuals by rapidly disseminating relevant information via wireless alerts or the Emergency Alert System. The Ashanti Alert Act focuses on individuals aged 17 and older, missing adults with special needs, and missing adults who are endangered, abducted, or kidnapped. The Department of Justice provides resources on developing new Ashanti Alert plans or enhancing existing alert plans intended to achieve similar goals.

California Emergency Services Act: The California Emergency Services Act (ESA) was enacted in 1970 and established Cal OES within the Governor’s Office. The ESA gives the Governor authority to proclaim a state of emergency in an area affected or likely to be affected when: conditions of disaster or extreme peril exist; the Governor is requested to do so upon request from a designated local government official; or the Governor finds that local authority is inadequate to cope with the emergency. Local governments may also issue local emergency proclamations, a prerequisite for requesting the Governor’s Proclamation of a State of Emergency. This act also authorizes the use of the Emergency Alert System to inform the public of local, state, and national emergencies. 

Integrated Public Alert & Warning System: The Integrated Public Alert & Warning System (IPAWS) is FEMA’s national system for local alerting that provides authenticated emergency and life-saving information to the public through mobile phones using Wireless Emergency Alerts (WEA), radio and television via the Emergency Alert System, and on the National Oceanic and Atmospheric Administration’s Weather Radio. For California, FEMA and Cal OES designate entities with authority to alert and warn the public when there is a disaster, threat, or dangerous or missing person. More than 1,500 federal, state, local, tribal and territorial entities use IPAWS to send alerts and warnings.

California Public Alert and Warning System (CalPAWS) Plan: Developed by Cal OES, the purpose of the CalPAWS plan is to formalize effective processes and recommended standardized policies for alerting and warning California residents during local and state disasters. This plan integrates new and existing public alert, warning, and notification systems to offer state and local authorities various capabilities and dissemination channels for emergency alerts. 

Alert Systems: The first alert system developed in California was “Amber Alert,” which authorized law enforcement agencies to use digital messaging on overhead roadway signs to assist in recovery efforts for child abduction cases. After a successful implementation, the state developed the “Blue Alert” and the “Silver Alert” notification systems. The “Blue Alert” system provides for public notification when a law enforcement officer is attacked, and the “Silver Alert” notification system provides for public notification when either (1) a person age 65 years or older or (2) a person who is developmentally disabled or cognitively impaired is missing. In January 2023, CHP launched the Feather Alert System to aid in locating involuntarily abducted or kidnapped Indigenous people. In January 2023, CHP also re-launched the Yellow Alert system to aid in apprehending an individual involved in a hit-and-run crash that caused a death. Each of the above systems are reflected in current statute.

Alerts tied to endangered and missing people are called an Endangered Missing Advisory (EMA). Law enforcement agencies can use the EMA system to investigate any suspicious disappearances of at-risk missing children or other endangered persons by immediately providing public alerts. CHP already employs EMAs despite not being in statute.

CHP lists the following as guidelines for EMA activation, but not all are necessary to issue an alert:

• Do the circumstances fail to meet other alert criteria?
• Is the person missing under unexplained or suspicious circumstances?
• Is the person believed to be in danger because of age, health, mental or physical disability, or the environment or weather conditions; are they in the company of a potentially dangerous person; or, is there any other factor that may put the person in peril?
• Is there information that, if disseminated to the public, could assist the public in the safe recovery of the missing person?

EMAs keep California in compliance with the federal Ashanti Alert Act.

Related Legislation: AB 1732 (Patterson) Chapter 107, Statutes of 2022. This bill re-establishes the “Yellow Alert” system to aid in apprehending a suspect if a person is killed in a hit-and-run incident.

AB 1314 (Ramos) Chapter 467, Statutes of 2022. This bill established the Feather Alert system to aid in locating an Indigenous person who has been involuntarily abducted or kidnapped.

AB 415 (Runner), Chapter 517, Statutes of 2002: This bill established the AMBER Alert system in California and authorized law enforcement agencies to use digital messaging on overhead roadway signs to assist in recovery efforts for child abduction cases.  

SB 839 (Runner), Chapter 311, Statutes of 2010: This bill established the Blue Alert system and provides public notification when a law enforcement officer is attacked.

SB 1047 (Alquist), Chapter 651, Statutes of 2012: This bill established the Silver Alert system and provides public notification when a person aged 65 years or older is missing.  

SB 1127 (Torres) Chapter 440, Statutes of 2014: This bill expanded on the Silver Alert system to provide public notification when a person who is developmentally disabled or cognitively impaired is missing. 

REGISTERED SUPPORT / OPPOSITION:

Support

None on file.

Opposition

None on file.

Analysis Prepared by: Ryan Fleming / E.M. / (916) 319-3802