Bill Text: NY A06662 | 2011-2012 | General Assembly | Introduced

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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: Moderate Partisan Bill (Republican 16-3)

Status: (Introduced - Dead) 2012-05-15 - held for consideration in governmental operations [A06662 Detail]

Download: New_York-2011-A06662-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6662
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 24, 2011
                                      ___________
       Introduced  by  M.  of  A. MALLIOTAKIS, CASTELLI, RAIA, MONTESANO, McDO-
         NOUGH, CROUCH, P. RIVERA, P. LOPEZ, BARCLAY -- Multi-Sponsored  by  --
         M.  of  A. CERETTO, CONTE, MAYERSOHN, McLAUGHLIN, J. MILLER, MOLINARO,
         SALADINO, WEISENBERG -- read once and referred  to  the  Committee  on
         Governmental Operations
       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-s and 837-t to read as follows:
    3    S  837-S.  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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08604-01-1
       A. 6662                             2
    1  BROADCASTERS AND OTHER PRIVATE ENTITIES THAT VOLUNTEER TO PARTICIPATE IN
    2  THE DISSEMINATION OF URGENT PUBLIC INFORMATION. THE  BLUE  ALERT  SYSTEM
    3  SHALL  INCLUDE,  BUT  NOT BE LIMITED TO THE DIVISION, THE NEW YORK STATE
    4  DEPARTMENT OF TRANSPORTATION, AND THE NEW YORK STATE LOTTERY.
    5    5.  THE DIVISION SHALL HAVE THE AUTHORITY TO NOTIFY OTHER REGIONS UPON
    6  VERIFICATION THAT THE CRITERIA ESTABLISHED BY  THE  OVERSIGHT  COMMITTEE
    7  HAS BEEN MET.
    8    6.  PARTICIPATION  IN A BLUE ALERT SYSTEM IS ENTIRELY AT THE OPTION OF
    9  LOCAL LAW ENFORCEMENT AGENCIES AND FEDERALLY LICENSED  RADIO  AND  TELE-
   10  VISION BROADCASTERS.
   11    7.  ANY  PERSON  WHO  KNOWINGLY  MAKES A FALSE REPORT THAT TRIGGERS AN
   12  ALERT UNDER THIS SECTION IS GUILTY OF A CLASS A MISDEMEANOR.
   13    S 837-T. LAW ENFORCEMENT COUNCIL BLUE ALERT SYSTEM OVERSIGHT. 1.   THE
   14  LAW  ENFORCEMENT  COUNCIL  SHALL DEVELOP CRITERIA AND PROCEDURES FOR THE
   15  BLUE ALERT SYSTEM. THE LAW ENFORCEMENT COUNCIL  SHALL  REGULARLY  REVIEW
   16  THE FUNCTION OF THE BLUE ALERT SYSTEM AND REVISE ITS CRITERIA AND PROCE-
   17  DURES  IN  COOPERATION  WITH  THE  DIVISION TO PROVIDE FOR EFFICIENT AND
   18  EFFECTIVE PUBLIC NOTIFICATION. AS SOON AS PRACTICABLE, THE LAW  ENFORCE-
   19  MENT  COUNCIL  SHALL  ADOPT  CRITERIA  AND PROCEDURES TO EXPAND THE BLUE
   20  ALERT SYSTEM TO PROVIDE URGENT PUBLIC ALERTS RELATED TO HOMELAND SECURI-
   21  TY, CRIMINAL ACTS, HEALTH EMERGENCIES, AND OTHER IMMINENT DANGERS TO THE
   22  PUBLIC HEALTH AND WELFARE.
   23    2. THE LAW ENFORCEMENT COUNCIL  IS  HEREBY  AUTHORIZED  TO  PROMULGATE
   24  RULES AND REGULATIONS FOR THE IMPLEMENTATION OF THE BLUE ALERT SYSTEM.
   25    S 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    S 3. This act shall take effect on the ninetieth day  after  it  shall
   32  have become a law; provided, that section 837-t of the executive law, as
   33  added by section one of this act, shall take effect immediately.