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S00772 Summary:

S00772 Actions:

S00772 Committee Votes:

S00772 Floor Votes:

S00772 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         772--A
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced by Sens. KAMINSKY, ADDABBO, GAUGHRAN, KAPLAN, KENNEDY -- read
          twice  and  ordered  printed,  and when printed to be committed to the
          Committee on Finance -- recommitted to the  Committee  on  Finance  in
          accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
 
        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 a new section  837-w
     2  to read as follows:
     3    §  837-w.  Blue alert system. 1. There is established within the divi-
     4  sion a blue alert system to aid  in  the  identification,  location  and
     5  apprehension  of  any  individual or individuals suspected of killing or
     6  seriously wounding any police officer.
     7    2. For the purposes of this section:
     8    (a) The term "blue alert" shall mean information sent through the blue
     9  alert system related to:
    10    (i) the serious injury or death of a law enforcement  officer  in  the
    11  line of duty;
    12    (ii)  an officer who is missing in connection with the officer's offi-
    13  cial duties; or
    14    (iii) an imminent and credible threat that an  individual  intends  to
    15  cause the serious injury or death of a law enforcement officer.
    16    (b)  The  term "law enforcement agency having jurisdiction" shall mean
    17  the chief law enforcement officer of the village, town, city, county, or
    18  the division of state police that is investigating an  offense  necessi-
    19  tating the use of a blue alert.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01129-05-2
        S. 772--A                           2
 
     1    (c)  The  term  "law  enforcement officer" shall mean a state or local
     2  police officer.
     3    3.  Upon  the request of a law enforcement agency having jurisdiction,
     4  the division shall issue a  blue  alert  when  public  dissemination  of
     5  available  information  may help avert further harm or accelerate appre-
     6  hension of the suspect.  Such  blue  alert  may  be  disseminated  on  a
     7  regional or statewide basis. Nothing in this section shall require a law
     8  enforcement  agency  having  jurisdiction to request a blue alert in any
     9  circumstance described in paragraph  (a)  of  subdivision  two  of  this
    10  section  or to participate in the dissemination of information under the
    11  blue alert system.
    12    4. The division shall coordinate with the  department  of  transporta-
    13  tion,  the  division  of state police, and police agencies, and may also
    14  coordinate with  public  commercial  television  and  radio  broadcaster
    15  organizations,  to effectuate notifications under the blue alert system.
    16  Information disseminated pursuant to a blue alert may include, but shall
    17  not be limited to, a detailed description of the  suspect's  vehicle  or
    18  license  plate  number  and  the name of the law enforcement agency that
    19  requested the alert.
    20    5. The division may coordinate with additional state agencies  capable
    21  of  providing urgent and timely information to the public, together with
    22  television and radio broadcasters  and  other  private  entities,  where
    23  appropriate,  and  if  authorized  and under conditions permitted by the
    24  federal government, that consent to participate in the dissemination  of
    25  urgent public information.
    26    6.  The  division shall develop criteria and procedures for activation
    27  of the blue alert system, and shall regularly review the function of the
    28  blue alert system and revise its criteria and procedures to provide  for
    29  efficient and effective public notifications.
    30    7.  The  provisions of this section shall only apply in the event that
    31  the division has been designated to use the federally  authorized  Emer-
    32  gency Alert System for the issuance of blue alerts.
    33    8.  The  division  is  hereby authorized to promulgate rules and regu-
    34  lations for the implementation of the blue alert system pursuant to this
    35  section.
    36    § 2. Severability. If any clause, sentence, paragraph, section or part
    37  of this act shall be adjudged by any court of competent jurisdiction  to
    38  be  invalid,  such  judgment  shall not affect, impair or invalidate the
    39  remainder thereof, but shall be confined in its operation to the clause,
    40  sentence, paragraph, section or part thereof directly  involved  in  the
    41  controversy in which such judgment shall have been rendered.
    42    §  3.  This  act shall take effect on the ninetieth day after it shall
    43  have become a law.