Bill Text: NY A04579 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Establishes a blue alert system to aid in the identification, location and apprehension of any individuals suspected of killing or seriously wounding any local, state or federal law enforcement officer.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2020-07-16 - held for consideration in governmental operations [A04579 Detail]

Download: New_York-2019-A04579-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4579
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 4, 2019
                                       ___________
        Introduced  by  M.  of  A.  MALLIOTAKIS -- read once and referred to the
          Committee on Governmental Operations
        AN ACT to amend the executive law, in relation to  establishing  a  blue
          alert  system  to aid in the apprehension of any individuals suspected
          of killing or seriously wounding any law enforcement officer
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  executive  law is amended by adding two new sections
     2  837-t and 837-u to read as follows:
     3    § 837-t. Blue alert system. 1. There is established within  the  divi-
     4  sion  the  blue alert system referred to in this section as the "system"
     5  which is a statewide program to aid in the identification, location  and
     6  apprehension  of  any  individual or individuals suspected of killing or
     7  seriously wounding any local, state, or federal law enforcement officer.
     8    2. For the purposes of this section, "law enforcement  officer"  means
     9  any  public  servant  having both the power and duty to make arrests for
    10  violations of the laws of  the  state  of  New  York,  and  federal  law
    11  enforcement  officers  authorized  to carry firearms and to make arrests
    12  for violations of the laws of the United States.
    13    3. The division shall develop regions to provide the system. The divi-
    14  sion shall coordinate with local law  enforcement  agencies  and  public
    15  commercial  television  and  radio  broadcasters to provide an effective
    16  system. In the event that a local law enforcement agency opts not to set
    17  up a system and a killing or serious wounding of a law enforcement offi-
    18  cer occurs within the jurisdiction, it shall  notify  the  division  who
    19  will notify local media in the region.
    20    4.  The  blue alert system shall include all state agencies capable of
    21  providing urgent and timely information  to  the  public  together  with
    22  broadcasters and other private entities that volunteer to participate in
    23  the  dissemination  of  urgent public information. The blue alert system
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08838-01-9
        A. 4579                             2
     1  shall include, but not be limited to the division, the  New  York  state
     2  department of transportation, and the New York state lottery.
     3    5.  The division shall have the authority to notify other regions upon
     4  verification that the criteria established by  the  oversight  committee
     5  has been met.
     6    6.  Participation  in a blue alert system is entirely at the option of
     7  local law enforcement agencies and federally licensed  radio  and  tele-
     8  vision broadcasters.
     9    7.  Any  person  who  knowingly  makes a false report that triggers an
    10  alert under this section is guilty of a class A misdemeanor.
    11    § 837-u. Law enforcement council blue alert system oversight. 1.   The
    12  law  enforcement  council  shall develop criteria and procedures for the
    13  blue alert system. The law enforcement council  shall  regularly  review
    14  the function of the blue alert system and revise its criteria and proce-
    15  dures  in  cooperation  with  the  division to provide for efficient and
    16  effective public notification. As soon as practicable, the law  enforce-
    17  ment  council  shall  adopt  criteria  and procedures to expand the blue
    18  alert system to provide urgent public alerts related to homeland securi-
    19  ty, criminal acts, health emergencies, and other imminent dangers to the
    20  public health and welfare.
    21    2. The law enforcement council  is  hereby  authorized  to  promulgate
    22  rules and regulations for the implementation of the blue alert system.
    23    § 2. Severability. If any clause, sentence, paragraph, section or part
    24  of  this act shall be adjudged by any court of competent jurisdiction to
    25  be invalid, such judgment shall not affect,  impair  or  invalidate  the
    26  remainder thereof, but shall be confined in its operation to the clause,
    27  sentence,  paragraph,  section  or part thereof directly involved in the
    28  controversy in which such judgment shall have been rendered.
    29    § 3. This act shall take effect immediately;  provided,  that  section
    30  837-t  of  the executive law, as added by section one of this act, shall
    31  take effect on the ninetieth day after it shall have become a law.