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

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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 - Dead) 2020-07-16 - held for consideration in governmental operations [A04579 Detail]

Download: New_York-2019-A04579-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         4579--A
                               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
        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-t and 837-u to read as follows:
     3    §  837-t.  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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08838-02-9

        A. 4579--A                          2
     1  the dissemination of urgent public information. The  blue  alert  system
     2  shall  include,  but  not be limited to the division, the New York state
     3  department of transportation, and the New York state lottery.
     4    5.  The division shall have the authority to notify other regions upon
     5  verification that the criteria established by  the  oversight  committee
     6  has been met.
     7    6.  Participation  in a blue alert system is entirely at the option of
     8  local law enforcement agencies and federally licensed  radio  and  tele-
     9  vision broadcasters.
    10    7.  Any  person  who  knowingly  makes a false report that triggers an
    11  alert under this section is guilty of a class A misdemeanor.
    12    § 837-u. Blue alert system oversight. 1. The  division  shall  develop
    13  criteria  and  procedures for the blue alert system, and shall regularly
    14  review the function of the blue alert system and revise its criteria and
    15  procedures to provide for efficient and effective  public  notification.
    16  As soon as practicable, the division shall adopt criteria and procedures
    17  to  expand the blue alert system to provide urgent public alerts related
    18  to homeland security, criminal acts, health emergencies, and other immi-
    19  nent dangers to the public health and welfare.
    20    2. The division is hereby authorized to  promulgate  rules  and  regu-
    21  lations for the implementation of the blue alert system.
    22    § 2. Severability. If any clause, sentence, paragraph, section or part
    23  of  this act shall be adjudged by any court of competent jurisdiction to
    24  be invalid, such judgment shall not affect,  impair  or  invalidate  the
    25  remainder thereof, but shall be confined in its operation to the clause,
    26  sentence,  paragraph,  section  or part thereof directly involved in the
    27  controversy in which such judgment shall have been rendered.
    28    § 3. This act shall take effect immediately;  provided,  that  section
    29  837-t  of  the executive law, as added by section one of this act, shall
    30  take effect on the ninetieth day after it shall have become a law.
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