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.
STATE OF NEW YORK
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8145
IN SENATE
June 11, 2010
___________
Introduced by Sen. PADAVAN -- 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:
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
23 the dissemination of urgent public information. The blue alert system
24 shall include, but not be limited to the division, the New York state
25 department of transportation, and the New York state lottery.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD17698-01-0
S. 8145 2
1 5. The division shall have the authority to notify other regions upon
2 verification that the criteria established by the oversight committee
3 has been met.
4 6. Participation in a blue alert system is entirely at the option of
5 local law enforcement agencies and federally licensed radio and tele-
6 vision broadcasters.
7 7. Any person who knowingly makes a false report that triggers an
8 alert under this section is guilty of a class A misdemeanor.
9 § 837-t. Law enforcement council blue alert system oversight. 1. The
10 law enforcement council shall develop criteria and procedures for the
11 blue alert system. The law enforcement council shall regularly review
12 the function of the blue alert system and revise its criteria and proce-
13 dures in cooperation with the division to provide for efficient and
14 effective public notification. As soon as practicable, the law enforce-
15 ment council shall adopt criteria and procedures to expand the blue
16 alert system to provide urgent public alerts related to homeland securi-
17 ty, criminal acts, health emergencies, and other imminent dangers to the
18 public health and welfare.
19 2. The law enforcement council is hereby authorized to promulgate
20 rules and regulations for the implementation of the blue alert system.
21 § 2. Severability. If any clause, sentence, paragraph, section or part
22 of this act shall be adjudged by any court of competent jurisdiction to
23 be invalid, such judgment shall not affect, impair or invalidate the
24 remainder thereof, but shall be confined in its operation to the clause,
25 sentence, paragraph, section or part thereof directly involved in the
26 controversy in which such judgment shall have been rendered.
27 § 3. This act shall take effect on the ninetieth day after it shall
28 have become a law; provided, that section 837-t of the executive law, as
29 added by section one of this act, shall take effect immediately.
