A04188 Summary:

BILL NOA04188
 
SAME ASSAME AS S01460
 
SPONSORMalliotakis
 
COSPNSRBarclay, Crouch, Curran, Montesano, Lopez, Raia, Tenney
 
MLTSPNSRCeretto, McLaughlin, Saladino
 
Add SS837-s & 837-t, Exec L
 
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.
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A04188 Actions:

BILL NOA04188
 
01/29/2015referred to governmental operations
01/06/2016referred to governmental operations
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A04188 Memo:

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.
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A04188 Text:



 
                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.
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