Bill Text: NY A04579 | 2019-2020 | General Assembly | Amended


Bill Title: 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.

Spectrum: Bipartisan Bill

Status: (Introduced) 2019-06-03 - print number 4579b [A04579 Detail]

Download: New_York-2019-A04579-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         4579--B

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    February 4, 2019
                                       ___________

        Introduced  by  M.  of  A. MALLIOTAKIS -- Multi-Sponsored by -- M. of A.
          LENTOL -- read once and referred  to  the  Committee  on  Governmental
          Operations -- committee discharged, bill amended, ordered reprinted as
          amended  and  recommitted  to  said committee -- committee discharged,
          bill amended, 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  two  new  sections
     2  837-u and 837-v to read as follows:
     3    §  837-u.  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.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08838-06-9

        A. 4579--B                          2

     1    4. The blue alert system shall include all state agencies  capable  of
     2  providing  urgent  and  timely  information  to the public together with
     3  broadcasters and other private entities that volunteer to participate in
     4  the dissemination of urgent public information. The  blue  alert  system
     5  shall  include,  but  not be limited to the division, the New York state
     6  department of transportation, and the New York state lottery.
     7    5. The division shall have the authority to notify other regions  upon
     8  verification  that  the  criteria established by the oversight committee
     9  has been met.
    10    6. Participation in a blue alert system is entirely at the  option  of
    11  local  law  enforcement  agencies and federally licensed radio and tele-
    12  vision broadcasters.
    13    7. Any person who knowingly makes a  false  report  that  triggers  an
    14  alert under this section is guilty of a class A misdemeanor.
    15    §  837-v.  Blue  alert system oversight. 1. The division shall develop
    16  criteria and procedures for the blue alert system, and  shall  regularly
    17  review the function of the blue alert system and revise its criteria and
    18  procedures  to  provide for efficient and effective public notification.
    19  As soon as practicable, the division shall adopt criteria and procedures
    20  to expand the blue alert system to provide urgent public alerts  related
    21  to homeland security, criminal acts, health emergencies, and other immi-
    22  nent dangers to the public health and welfare.
    23    2.  The  division  is  hereby authorized to promulgate rules and regu-
    24  lations for the implementation of the blue alert system.
    25    § 2. Severability. If any clause, sentence, paragraph, section or part
    26  of this act shall be adjudged by any court of competent jurisdiction  to
    27  be  invalid,  such  judgment  shall not affect, impair or invalidate the
    28  remainder thereof, but shall be confined in its operation to the clause,
    29  sentence, paragraph, section or part thereof directly  involved  in  the
    30  controversy in which such judgment shall have been rendered.
    31    §  3.  This  act shall take effect immediately; provided, that section
    32  837-u of the executive law, as added by section one of this  act,  shall
    33  take effect on the ninetieth day after it shall have become a law.
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