S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2278

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. MALLIOTAKIS, RAIA, MONTESANO, McDONOUGH, CROUCH,
  P. LOPEZ, BARCLAY, TENNEY -- Multi-Sponsored by -- M. of  A.  CERETTO,
  McLAUGHLIN,  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:

  Section  1.  The  executive  law is amended by adding two new sections
837-s and 837-t to read as follows:
  S 837-S. BLUE ALERT SYSTEM. 1. THERE IS ESTABLISHED WITHIN  THE  DIVI-
SION  THE  BLUE ALERT SYSTEM REFERRED TO IN THIS SECTION AS THE "SYSTEM"
WHICH IS A STATEWIDE PROGRAM TO AID IN THE IDENTIFICATION, LOCATION  AND
APPREHENSION  OF  ANY  INDIVIDUAL OR INDIVIDUALS SUSPECTED OF KILLING OR
SERIOUSLY WOUNDING ANY LOCAL, STATE, OR FEDERAL LAW ENFORCEMENT OFFICER.
  2. FOR THE PURPOSES OF THIS SECTION, "LAW ENFORCEMENT  OFFICER"  MEANS
ANY  PUBLIC  SERVANT  HAVING BOTH THE POWER AND DUTY TO MAKE ARRESTS FOR
VIOLATIONS OF THE LAWS OF  THE  STATE  OF  NEW  YORK,  AND  FEDERAL  LAW
ENFORCEMENT  OFFICERS  AUTHORIZED  TO CARRY FIREARMS AND TO MAKE ARRESTS
FOR VIOLATIONS OF THE LAWS OF THE UNITED STATES.
  3. THE DIVISION SHALL DEVELOP REGIONS TO PROVIDE THE SYSTEM. THE DIVI-
SION SHALL COORDINATE WITH LOCAL LAW  ENFORCEMENT  AGENCIES  AND  PUBLIC
COMMERCIAL  TELEVISION  AND  RADIO  BROADCASTERS TO PROVIDE AN EFFECTIVE
SYSTEM. IN THE EVENT THAT A LOCAL LAW ENFORCEMENT AGENCY OPTS NOT TO SET
UP A SYSTEM AND A KILLING OR SERIOUS WOUNDING OF A LAW ENFORCEMENT OFFI-
CER OCCURS WITHIN THE JURISDICTION, IT SHALL  NOTIFY  THE  DIVISION  WHO
WILL NOTIFY LOCAL MEDIA IN THE REGION.
  4.  THE  BLUE ALERT SYSTEM SHALL INCLUDE ALL STATE AGENCIES CAPABLE OF
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.
              

                                                           LBD04004-01-3

A. 2278                             2

BROADCASTERS AND OTHER PRIVATE ENTITIES THAT VOLUNTEER TO PARTICIPATE IN
THE  DISSEMINATION  OF  URGENT PUBLIC INFORMATION. THE BLUE ALERT SYSTEM
SHALL INCLUDE, BUT NOT BE LIMITED TO THE DIVISION, THE  NEW  YORK  STATE
DEPARTMENT OF TRANSPORTATION, AND THE NEW YORK STATE LOTTERY.
  5.  THE DIVISION SHALL HAVE THE AUTHORITY TO NOTIFY OTHER REGIONS UPON
VERIFICATION THAT THE CRITERIA ESTABLISHED BY  THE  OVERSIGHT  COMMITTEE
HAS BEEN MET.
  6.  PARTICIPATION  IN A BLUE ALERT SYSTEM IS ENTIRELY AT THE OPTION OF
LOCAL LAW ENFORCEMENT AGENCIES AND FEDERALLY LICENSED  RADIO  AND  TELE-
VISION BROADCASTERS.
  7.  ANY  PERSON  WHO  KNOWINGLY  MAKES A FALSE REPORT THAT TRIGGERS AN
ALERT UNDER THIS SECTION IS GUILTY OF A CLASS A MISDEMEANOR.
  S 837-T. LAW ENFORCEMENT COUNCIL BLUE ALERT SYSTEM OVERSIGHT. 1.   THE
LAW  ENFORCEMENT  COUNCIL  SHALL DEVELOP CRITERIA AND PROCEDURES FOR THE
BLUE ALERT SYSTEM. THE LAW ENFORCEMENT COUNCIL  SHALL  REGULARLY  REVIEW
THE FUNCTION OF THE BLUE ALERT SYSTEM AND REVISE ITS CRITERIA AND PROCE-
DURES  IN  COOPERATION  WITH  THE  DIVISION TO PROVIDE FOR EFFICIENT AND
EFFECTIVE PUBLIC NOTIFICATION. AS SOON AS PRACTICABLE, THE LAW  ENFORCE-
MENT  COUNCIL  SHALL  ADOPT  CRITERIA  AND PROCEDURES TO EXPAND THE BLUE
ALERT SYSTEM TO PROVIDE URGENT PUBLIC ALERTS RELATED TO HOMELAND SECURI-
TY, CRIMINAL ACTS, HEALTH EMERGENCIES, AND OTHER IMMINENT DANGERS TO THE
PUBLIC HEALTH AND WELFARE.
  2. THE LAW ENFORCEMENT COUNCIL  IS  HEREBY  AUTHORIZED  TO  PROMULGATE
RULES AND REGULATIONS FOR THE IMPLEMENTATION OF THE BLUE ALERT SYSTEM.
  S 2. Severability. If any clause, sentence, paragraph, section or part
of  this act shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect,  impair  or  invalidate  the
remainder thereof, but shall be confined in its operation to the clause,
sentence,  paragraph,  section  or part thereof directly involved in the
controversy in which such judgment shall have been rendered.
  S 3. This act shall take effect immediately;  provided,  that  section
837-s  of  the executive law, as added by section one of this act, shall
take effect on the ninetieth day after it shall have become a law.