Bill Text: CA AB8 | 2015-2016 | Regular Session | Chaptered

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Bill Title: Emergency services: hit-and-run incidents.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-09-28 - Chaptered by Secretary of State - Chapter 326, Statutes of 2015. [AB8 Detail]

Download: California-2015-AB8-Chaptered.html

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BILL NUMBER: AB 8	CHAPTERED
	BILL TEXT

	CHAPTER  326
	FILED WITH SECRETARY OF STATE  SEPTEMBER 28, 2015
	APPROVED BY GOVERNOR  SEPTEMBER 28, 2015
	PASSED THE SENATE  AUGUST 27, 2015
	PASSED THE ASSEMBLY  AUGUST 31, 2015
	AMENDED IN SENATE  JULY 6, 2015

INTRODUCED BY   Assembly Member Gatto

                        DECEMBER 1, 2014

   An act to add and repeal Section 8594.15 to the Government Code,
relating to emergency services.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 8, Gatto. Emergency services: hit-and-run incidents.
   Existing law authorizes use of the Emergency Alert System to
inform the public of local, state, and national emergencies. Existing
law requires a law enforcement agency to activate the Emergency
Alert System within the appropriate area if that agency determines
that a child 17 years of age or younger, or an individual with a
proven mental or physical disability, has been abducted and is in
imminent danger of serious bodily injury or death, and there is
information available that, if disseminated to the general public,
could assist in the safe recovery of that person. Existing law also
authorizes the issuance and coordination of a Blue Alert following an
attack upon a law enforcement officer or a Silver Alert relating to
a person who is 65 years of age or older who is reported missing.
   This bill would authorize a law enforcement agency to issue a
Yellow Alert if a person has been killed or has suffered serious
bodily injury due to a hit-and-run incident and the law enforcement
agency has specified information concerning the suspect or the
suspect's vehicle. The bill would authorize the Department of the
California Highway Patrol to activate a Yellow Alert within the
requested geographic area upon request if it concurs with the law
enforcement agency that specified requirements are met.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 8594.15 is added to the Government Code, to
read:
   8594.15.  (a) For purposes of this section, the following terms
have the following meanings:
   (1) "Serious bodily injury" means an injury that involves, either
at the time of the actual injury or at a later time, a substantial
risk of serious and permanent disfigurement, a substantial risk of
protracted loss or impairment of the function of any part of the
body, or a break, fracture, or burn of the second or third degree.
   (2) "Yellow Alert" means a notification system, activated pursuant
to subdivision (b), designed to issue and coordinate alerts with
respect to a hit-and-run incident resulting in the death or injury of
a person as described in Section 20001 of the Vehicle Code.
   (b) (1) If a hit-and-run incident is reported to a law enforcement
agency, and that agency determines that the requirements of
subdivision (c) are met, the agency may request the Department of the
California Highway Patrol to activate a Yellow Alert. If the
Department of the California Highway Patrol concurs that the
requirements of subdivision (c) are met, it may activate a Yellow
Alert within the geographic area requested by the investigating law
enforcement agency.
   (2) Radio, television, and cable and satellite systems are
encouraged, but are not required, to cooperate with disseminating the
information contained in a Yellow Alert.
   (3) Upon activation of a Yellow Alert, the Department of the
California Highway Patrol shall assist the investigating law
enforcement agency by issuing the Yellow Alert via a changeable
message sign.
   (4) If there are multiple Yellow Alerts requested, the Department
of the California Highway Patrol may prioritize the activation of
alerts based on any factor including, but not limited to, the
severity of the injury, the time elapsed between a hit-and-run
incident and the request, or the likelihood that an activation would
reasonably lead to the apprehension of a suspect.
   (c) A law enforcement agency may request that a Yellow Alert be
activated if that agency determines that all of the following
conditions are met in regard to the investigation of the hit-and-run
incident:
   (1) A person has been killed or has suffered serious bodily injury
due to a hit-and-run incident.
   (2) There is an indication that a suspect has fled the scene
utilizing the state highway system or is likely to be observed by the
public on the state highway system.
   (3) The investigating law enforcement agency has additional
information concerning the suspect or the suspect's vehicle,
including, but not limited to, any of the following:
   (A) The complete license plate number of the suspect's vehicle.
   (B) A partial license plate number and additional unique
identifying characteristics, such as the make, model, and color of
the suspect's vehicle, which could reasonably lead to the
apprehension of the suspect.
   (C) The identity of the suspect.
   (4) Public dissemination of available information could either
help avert further harm or accelerate apprehension of the suspect
based on any factor including, but not limited to, the severity of
the injury, the time elapsed between a hit-and-run incident and the
request, or the likelihood that an activation would reasonably lead
to the apprehension of a suspect.
   (d) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.