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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4188
SPONSOR: Malliotakis (MS)
 
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 OR GENERAL IDEA OF BILL:
The subject legislation adds two new sections to the Executive Law, to
provide for a "blue alert system."
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one of this bill amends the Executive Law by adding two new
sections 837-s and 837-t. New section 837-s provides for a blue alert
system. Said system will be a statewide program to aid in the identifi-
cation, location, and apprehension of any individual or individuals
suspected of killing or seriously wounding any local, state or federal
law enforcement officer.
New section 837-t authorizes for the law enforcement council to develop
criteria and procedures for the blue alert system.
Section two of this bill is a severability clause providing that should
any portion of this act be deemed to be invalid by a Court of competent
jurisdiction, the remaining provisions of this act shall remain in full
force and effect.
Section three of this bill provides that 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.
 
JUSTIFICATION:
Based upon the success of the Amber Alert for missing children, and
using a similar notification system, this 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.
 
PRIOR LEGISLATIVE HISTORY:
2014: A.2278 held for consideration in governmental operations
2013: A.2278 referred to governmental operations
2012: A.6662 held for consideration in governmental operations
2011: A.6662 referred to governmental operations
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
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.
STATE OF NEW YORK
________________________________________________________________________
4188
2015-2016 Regular Sessions
IN ASSEMBLY
January 29, 2015
___________
Introduced by M. of A. MALLIOTAKIS, BARCLAY, CROUCH, CURRAN, MONTESANO,
LOPEZ, RAIA, TENNEY -- Multi-Sponsored by -- M. of A. CERETTO,
McLAUGHLIN, SALADINO -- 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-s and 837-t to read as follows:
3 § 837-s. 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02256-01-5
A. 4188 2
1 the dissemination of urgent public information. The blue alert system
2 shall include, but not be limited to the division, the New York state
3 department of transportation, and the New York state lottery.
4 5. The division shall have the authority to notify other regions upon
5 verification that the criteria established by the oversight committee
6 has been met.
7 6. Participation in a blue alert system is entirely at the option of
8 local law enforcement agencies and federally licensed radio and tele-
9 vision broadcasters.
10 7. Any person who knowingly makes a false report that triggers an
11 alert under this section is guilty of a class A misdemeanor.
12 § 837-t. Law enforcement council blue alert system oversight. 1. The
13 law enforcement council shall develop criteria and procedures for the
14 blue alert system. The law enforcement council shall regularly review
15 the function of the blue alert system and revise its criteria and proce-
16 dures in cooperation with the division to provide for efficient and
17 effective public notification. As soon as practicable, the law enforce-
18 ment council shall adopt criteria and procedures to expand the blue
19 alert system to provide urgent public alerts related to homeland securi-
20 ty, criminal acts, health emergencies, and other imminent dangers to the
21 public health and welfare.
22 2. The law enforcement council is hereby authorized to promulgate
23 rules and regulations for the implementation of the blue alert system.
24 § 2. Severability. If any clause, sentence, paragraph, section or part
25 of this act shall be adjudged by any court of competent jurisdiction to
26 be invalid, such judgment shall not affect, impair or invalidate the
27 remainder thereof, but shall be confined in its operation to the clause,
28 sentence, paragraph, section or part thereof directly involved in the
29 controversy in which such judgment shall have been rendered.
30 § 3. This act shall take effect immediately; provided, that section
31 837-s of the executive law, as added by section one of this act, shall
32 take effect on the ninetieth day after it shall have become a law.