Ceretto, Conte, Mayersohn, McLaughlin, Miller J, Molinaro, Saladino, Weisenberg
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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6662
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 indi-
viduals 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 individ-
ual 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.
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 will provide the means to speed the appre-
hension 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:
2010: Referred to Finance
FISCAL IMPLICATIONS:
None.
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
________________________________________________________________________
6662
2011-2012 Regular Sessions
IN ASSEMBLY
March 24, 2011
___________
Introduced by M. of A. MALLIOTAKIS, CASTELLI, RAIA, MONTESANO, McDO-
NOUGH, CROUCH, P. RIVERA, P. LOPEZ, BARCLAY -- Multi-Sponsored by --
M. of A. CERETTO, CONTE, MAYERSOHN, McLAUGHLIN, J. MILLER, MOLINARO,
SALADINO, WEISENBERG -- 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08604-01-1
A. 6662 2
1 broadcasters and other private entities that volunteer to participate in
2 the dissemination of urgent public information. The blue alert system
3 shall include, but not be limited to the division, the New York state
4 department of transportation, and the New York state lottery.
5 5. The division shall have the authority to notify other regions upon
6 verification that the criteria established by the oversight committee
7 has been met.
8 6. Participation in a blue alert system is entirely at the option of
9 local law enforcement agencies and federally licensed radio and tele-
10 vision broadcasters.
11 7. Any person who knowingly makes a false report that triggers an
12 alert under this section is guilty of a class A misdemeanor.
13 § 837-t. Law enforcement council blue alert system oversight. 1. The
14 law enforcement council shall develop criteria and procedures for the
15 blue alert system. The law enforcement council shall regularly review
16 the function of the blue alert system and revise its criteria and proce-
17 dures in cooperation with the division to provide for efficient and
18 effective public notification. As soon as practicable, the law enforce-
19 ment council shall adopt criteria and procedures to expand the blue
20 alert system to provide urgent public alerts related to homeland securi-
21 ty, criminal acts, health emergencies, and other imminent dangers to the
22 public health and welfare.
23 2. The law enforcement council is hereby authorized to promulgate
24 rules and regulations for the implementation of the blue alert system.
25 § 2. Severability. If any clause, sentence, paragraph, section or part
26 of this act shall be adjudged by any court of competent jurisdiction to
27 be invalid, such judgment shall not affect, impair or invalidate the
28 remainder thereof, but shall be confined in its operation to the clause,
29 sentence, paragraph, section or part thereof directly involved in the
30 controversy in which such judgment shall have been rendered.
31 § 3. This act shall take effect on the ninetieth day after it shall
32 have become a law; provided, that section 837-t of the executive law, as
33 added by section one of this act, shall take effect immediately.
