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.
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.
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.
