Bill Text: NY S05925 | 2019-2020 | General Assembly | Introduced


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: Partisan Bill (Democrat 5-0)

Status: (Engrossed - Dead) 2020-12-28 - COMMITTED TO RULES [S05925 Detail]

Download: New_York-2019-S05925-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          5925

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 16, 2019
                                       ___________

        Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Finance

        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.
    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
    23  the  dissemination  of  urgent public information. The blue alert system

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08838-05-9

        S. 5925                             2

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