S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5925
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               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:
 
   Section  1.  The  executive  law is amended by adding two new sections
 837-u and 837-v to read as follows:
   § 837-U. 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
 BROADCASTERS AND OTHER PRIVATE ENTITIES THAT VOLUNTEER TO PARTICIPATE IN
 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
 
 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.
   § 837-V. BLUE ALERT SYSTEM OVERSIGHT. 1. THE  DIVISION  SHALL  DEVELOP
 CRITERIA  AND  PROCEDURES FOR THE BLUE ALERT SYSTEM, AND SHALL REGULARLY
 REVIEW THE FUNCTION OF THE BLUE ALERT SYSTEM AND REVISE ITS CRITERIA AND
 PROCEDURES TO PROVIDE FOR EFFICIENT AND EFFECTIVE  PUBLIC  NOTIFICATION.
 AS SOON AS PRACTICABLE, THE DIVISION SHALL ADOPT CRITERIA AND PROCEDURES
 TO  EXPAND THE BLUE ALERT SYSTEM TO PROVIDE URGENT PUBLIC ALERTS RELATED
 TO HOMELAND SECURITY, CRIMINAL ACTS, HEALTH EMERGENCIES, AND OTHER IMMI-
 NENT DANGERS TO THE PUBLIC HEALTH AND WELFARE.
   2. THE DIVISION IS HEREBY AUTHORIZED TO  PROMULGATE  RULES  AND  REGU-
 LATIONS FOR THE IMPLEMENTATION OF THE BLUE ALERT SYSTEM.
   § 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.
   § 3. This act shall take effect immediately;  provided,  that  section
 837-u  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.