California Government Code

§ 8594

GOV § 8594 Effective Jan 1, 2014Div. 1 · Title 2 · Ch. 7 · Art. 6.5

Statute text

(a)If a law enforcement agency receives a report that an abduction has occurred or that a child has been taken by anyone, including, but not limited to, a custodial parent or guardian, and the agency determines that a child 17 years of age or younger, or an individual with a proven mental or physical disability, has been abducted or taken and the victim is in imminent danger of serious bodily injury or death, and there is information available that, if disseminated to the general public, could assist in the safe recovery of the victim, the agency, through a person authorized to activate the Emergency Alert System, shall, absent extenuating investigative needs, request activation of the Emergency Alert System within the appropriate local area. A law enforcement agency shall only request activation of the Emergency Alert System pursuant to this subdivision if these requirements are met. The Emergency Alert System is not intended to be used for abductions resulting from custody disputes that are not reasonably believed to endanger the life or physical health of a child. The California Highway Patrol, if requested by a law enforcement agency, shall activate the system.

(b)The California Highway Patrol, in consultation with the Department of Justice, as well as a representative from the California State Sheriffs’ Association, the California Police Chiefs’ Association, and the California Peace Officers’ Association, shall develop policies and procedures providing instruction specifying how a law enforcement agency, broadcaster participating in the Emergency Alert System, and any other intermediate emergency agency that may institute activation of the Emergency Alert System, and, where appropriate, other supplemental warning systems, shall proceed after a qualifying event described in subdivision (a) has been reported to a law enforcement agency. Those policies and procedures shall include, but not be limited to:

(1)Procedures for transfer of information regarding the victim and the qualifying event from the law enforcement agency to the broadcasters.

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Legislative history

Amended by Stats. 2013, Ch. 328, Sec. 1. (AB 535) Effective January 1, 2014.