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.
Ayes (58): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Nozzolio, O'Brien, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (3): Hassell-Thomps, Montgomery, Perkins
Excused (2): O'Mara, Parker
Ayes (56): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Nays (2): Montgomery, Perkins
Excused (3): Hassell-Thomps, Hoylman, Smith
TITLE OF BILL: 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
PURPOSE: The subject legislation adds two new sections to the Executive Law, to provide for a "blue alert system."
SUMMARY OF PROVISIONS:
Section 837-s is added to the Executive Law to provide for a blue alert system. Said system will be a statewide program to aid in the identification, location, and apprehension of any individual or individuals suspected of killing or seriously wounding any local, state or federal law enforcement officer.
Section 837-t is added to such law to provide for the law enforcement council to develop criteria and procedures for the blue alert system.
EXISTING LAW: None.
JUSTIFICATION: Based upon the success of the Amber Alert for missing children, and using a similar notification system, the subject bill creates a "Blue Alert System." The Blue Alert System will provide the means to speed up the apprehension of violent criminals who kill or seriously wound local, state, or federal law enforcement officers. Currently, this system is in place in Texas, Florida, and Oklahoma.
LEGISLATIVE HISTORY: 2011-12: Referred to Finance 2010: Referred to Finance
FISCAL IMPLICATIONS: None.
LOCAL FISCAL IMPLICATIONS:
EFFECTIVE DATE: The ninetieth day after it shall become a law, provided, that Section 837-t of the Executive Law, as added by section one of this act, shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 2108 2013-2014 Regular Sessions IN SENATE January 10, 2013 ___________Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Finance 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: Section 1. The executive law is amended by adding two new sections 837-s and 837-t to read as follows: S 837-S. BLUE ALERT SYSTEM. 1. THERE IS ESTABLISHED WITHIN THE DIVI- SION THE BLUE ALERT SYSTEM REFERRED TO IN THIS SECTION AS THE "SYSTEM" WHICH IS A STATEWIDE PROGRAM TO AID IN THE IDENTIFICATION, LOCATION AND APPREHENSION OF ANY INDIVIDUAL OR INDIVIDUALS SUSPECTED OF KILLING OR SERIOUSLY WOUNDING ANY LOCAL, STATE, OR FEDERAL LAW ENFORCEMENT OFFICER. 2. FOR THE PURPOSES OF THIS SECTION, "LAW ENFORCEMENT OFFICER" MEANS ANY PUBLIC SERVANT HAVING BOTH THE POWER AND DUTY TO MAKE ARRESTS FOR VIOLATIONS OF THE LAWS OF THE STATE OF NEW YORK, AND FEDERAL LAW ENFORCEMENT OFFICERS AUTHORIZED TO CARRY FIREARMS AND TO MAKE ARRESTS FOR VIOLATIONS OF THE LAWS OF THE UNITED STATES. 3. THE DIVISION SHALL DEVELOP REGIONS TO PROVIDE THE SYSTEM. THE DIVI- SION SHALL COORDINATE WITH LOCAL LAW ENFORCEMENT AGENCIES AND PUBLIC COMMERCIAL TELEVISION AND RADIO BROADCASTERS TO PROVIDE AN EFFECTIVE SYSTEM. IN THE EVENT THAT A LOCAL LAW ENFORCEMENT AGENCY OPTS NOT TO SET UP A SYSTEM AND A KILLING OR SERIOUS WOUNDING OF A LAW ENFORCEMENT OFFI- CER OCCURS WITHIN THE JURISDICTION, IT SHALL NOTIFY THE DIVISION WHO WILL NOTIFY LOCAL MEDIA IN THE REGION. 4. THE BLUE ALERT SYSTEM SHALL INCLUDE ALL STATE AGENCIES CAPABLE OF PROVIDING URGENT AND TIMELY INFORMATION TO THE PUBLIC TOGETHER WITH BROADCASTERS AND OTHER PRIVATE ENTITIES THAT VOLUNTEER TO PARTICIPATE IN THE DISSEMINATION OF URGENT PUBLIC INFORMATION. THE BLUE ALERT SYSTEMEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04004-01-3 S. 2108 2
SHALL INCLUDE, BUT NOT BE LIMITED TO THE DIVISION, THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION, AND THE NEW YORK STATE LOTTERY. 5. THE DIVISION SHALL HAVE THE AUTHORITY TO NOTIFY OTHER REGIONS UPON VERIFICATION THAT THE CRITERIA ESTABLISHED BY THE OVERSIGHT COMMITTEE HAS BEEN MET. 6. PARTICIPATION IN A BLUE ALERT SYSTEM IS ENTIRELY AT THE OPTION OF LOCAL LAW ENFORCEMENT AGENCIES AND FEDERALLY LICENSED RADIO AND TELE- VISION BROADCASTERS. 7. ANY PERSON WHO KNOWINGLY MAKES A FALSE REPORT THAT TRIGGERS AN ALERT UNDER THIS SECTION IS GUILTY OF A CLASS A MISDEMEANOR. S 837-T. LAW ENFORCEMENT COUNCIL BLUE ALERT SYSTEM OVERSIGHT. 1. THE LAW ENFORCEMENT COUNCIL SHALL DEVELOP CRITERIA AND PROCEDURES FOR THE BLUE ALERT SYSTEM. THE LAW ENFORCEMENT COUNCIL SHALL REGULARLY REVIEW THE FUNCTION OF THE BLUE ALERT SYSTEM AND REVISE ITS CRITERIA AND PROCE- DURES IN COOPERATION WITH THE DIVISION TO PROVIDE FOR EFFICIENT AND EFFECTIVE PUBLIC NOTIFICATION. AS SOON AS PRACTICABLE, THE LAW ENFORCE- MENT COUNCIL SHALL ADOPT CRITERIA AND PROCEDURES TO EXPAND THE BLUE ALERT SYSTEM TO PROVIDE URGENT PUBLIC ALERTS RELATED TO HOMELAND SECURI- TY, CRIMINAL ACTS, HEALTH EMERGENCIES, AND OTHER IMMINENT DANGERS TO THE PUBLIC HEALTH AND WELFARE. 2. THE LAW ENFORCEMENT COUNCIL IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGULATIONS FOR THE IMPLEMENTATION OF THE BLUE ALERT SYSTEM. S 2. Severability. If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. S 3. This act shall take effect immediately; provided, that section 837-s of the executive law, as added by section one of this act, shall take effect on the ninetieth day after it shall have become a law.