BILL NUMBER: SB 1047 INTRODUCED BILL TEXT INTRODUCED BY Senator Alquist FEBRUARY 7, 2012 An act to add Section 8594.10 to the Government Code, relating to emergency services. LEGISLATIVE COUNSEL'S DIGEST SB 1047, as introduced, Alquist. Emergency services: missing person: Endangered Missing Advisory. Existing law authorizes use of the Emergency Alert System to inform the public of local, state, and national emergencies. Existing law requires a law enforcement agency to activate the Emergency Alert System within the appropriate area if that agency determines that a child 17 years of age or younger, or an individual with a proven mental or physical disability, has been abducted and is in imminent danger of serious bodily injury or death, and there is information available that, if disseminated to the general public, could assist in the safe recovery of that person. This bill would require that if a person is reported missing to a law enforcement agency, and that agency determines that certain requirements are met, including, among others, that the circumstances surrounding the person's disappearance would not qualify for activation of the Emergency Alert System as described above, the law enforcement agency shall request the California Highway Patrol to activate an Endangered Missing Advisory. The bill would require the Endangered Missing Advisory to be called a Silver Alert if the missing individual is 65 years of age or older. The bill would require the California Highway Patrol to, upon activation of an Endangered Missing Advisory, take certain actions to assist the agency investigating the disappearance. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 8594.10 is added to the Government Code, to read: 8594.10. (a) (1) If a person is reported missing to a law enforcement agency, and that agency determines that the requirements of subdivision (b) are met, that law enforcement agency shall request the California Highway Patrol to activate an Endangered Missing Advisory. The California Highway Patrol shall activate an Endangered Missing Advisory if requested. An Endangered Missing Advisory is a voluntary cooperation between local, state, and other law enforcement, state government agencies, radio, television, and cable and satellite systems to enhance the public's ability to assist in recovering endangered missing persons. (2) Upon activation of an Endangered Missing Advisory, the California Highway Patrol shall assist the law enforcement agency that is investigating the crime by issuing be-on-the lookouts, an Emergency Information Service message, or a Critical Reach flyer. The California Highway Patrol may also notify, if appropriate, the United States or Mexican border officials, and the National Center for Missing and Exploited Children, and any additional notifications that the California Highway Patrol deems necessary. (3) In accordance with the recommendation contained in the United States Department of Justice Endangered Missing Advisory Guide that a unique title be adopted, an Endangered Missing Advisory shall be called a "Silver Alert" if the missing person is 65 years of age or older. (b) A law enforcement agency may request that an Endangered Missing Advisory to be activated if that agency determines that all of the following conditions are met in regard to the missing person: (1) The circumstances surrounding the person's disappearance would not qualify for an AMBER Alert pursuant to Section 8594. (2) The law enforcement agency determines that the person has gone missing under unexplained or suspicious circumstances. (3) The law enforcement agency believes that the person is in danger because of age, health, mental or physical disability, environment or weather conditions, that the person is in the company of a potentially dangerous person, or that there are other factors indicating that the person may be in peril. (4) There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person. SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.