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A06318 Summary:

BILL NOA06318B
 
SAME ASSAME AS S00772-A
 
SPONSORStern
 
COSPNSRGriffin, Brabenec, Gandolfo, Durso, Ra, Buttenschon, Rajkumar
 
MLTSPNSR
 
Add §837-w, 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 police officer.
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A06318 Actions:

BILL NOA06318B
 
03/12/2021referred to governmental operations
01/05/2022referred to governmental operations
04/28/2022amend and recommit to governmental operations
04/28/2022print number 6318a
05/17/2022amend and recommit to governmental operations
05/17/2022print number 6318b
05/24/2022reported referred to codes
05/25/2022reference changed to ways and means
06/02/2022reported referred to rules
06/02/2022reported
06/02/2022rules report cal.606
06/02/2022substituted by s772a
 S00772 AMEND=A KAMINSKY
 01/06/2021REFERRED TO FINANCE
 01/05/2022REFERRED TO FINANCE
 05/25/2022AMEND AND RECOMMIT TO FINANCE
 05/25/2022PRINT NUMBER 772A
 06/02/2022COMMITTEE DISCHARGED AND COMMITTED TO RULES
 06/02/2022ORDERED TO THIRD READING CAL.1847
 06/02/2022PASSED SENATE
 06/02/2022DELIVERED TO ASSEMBLY
 06/02/2022referred to ways and means
 06/02/2022substituted for a6318b
 06/02/2022ordered to third reading rules cal.606
 06/02/2022passed assembly
 06/02/2022returned to senate
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A06318 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6318B
 
SPONSOR: Stern
  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: This legislation would provide for a "blue alert system" which would be activated upon the request of a law enforcement agency having jurisdic- tion for certain purposes related to locating an individual suspected of causing serious injury or death of a law enforcement officer.   SUMMARY OF PROVISIONS: Section 1: amends the executive law by adding a new sections 837-w, setting forth provisions related to the administration of the "blue alert system." Section 2: provides a severability clause stating 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 3: sets the effective date.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION: Amendments to clarify language based on the intent of this legislation.   JUSTIFICATION: Based upon the success of the Amber Alert for missing children, the Silver Alert for missing vulnerable adults, and, using a similar notifi- cation 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, thirty-seven states have this system, including the neighboring states of New Jersey, Connecticut and Vermont as well as Florida, Texas, Alabama, Maryland, Georgia, Delaware, Cali- fornia, Virginia, West Virginia, Mississippi, Tennessee, Utah, Colorado, North Carolina, South Carolina, Washington, Ohio, Kentucky, Indiana, Illinois, Arizona, Kansas, North Dakota, South Dakota, Maine, Minnesota, Michigan, Oklahoma, New Hampshire, Rhode Island, Montana, Missouri, Idaho and Iowa.   PRIOR LEGISLATIVE HISTORY: 2021-2022: A.6318 referred to governmental operations / S.772 - referred to finance 2019-2020: A.4579-B - referred to governmental operations / S.5925 - passed senate 2017-2018: A.2335 passed senate referred to governmental operations/S.2995 -passed Senate 2015-2016: A.4188 passed senate referred to governmental operations/S.1460 - passed senate 2013-2014: A.2278 passed senate referred to governmental operations/S.2108 -passed senate 2011-2012: A.6662 - referred to governmental operations/S.2730- referred to finance 2010: S.8145 - referred to finance   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law.
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A06318 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6318--B
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 12, 2021
                                       ___________
 
        Introduced  by M. of A. STERN, GRIFFIN, BRABENEC, GANDOLFO, DURSO, RA --
          read once and referred to the Committee on Governmental Operations  --
          recommitted  to the Committee on Governmental Operations in accordance
          with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          again reported from said committee with amendments, ordered  reprinted
          as amended and recommitted to said committee
 
        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.
                                                                   LBD01129-04-2

        A. 6318--B                          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.
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