NY State Senate Bill 2021-S772

Senate Bill S772

Signed By Governor

2021-2022 Legislative Session

Establishes a blue alert system to aid in the apprehension of any individuals suspected of killing or seriously wounding any law enforcement officer

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 16, 2022	signed chap.706
Dec 06, 2022	delivered to governor
Jun 02, 2022	returned to senate passed assembly ordered to third reading rules cal.606 substituted for a6318b referred to ways and means delivered to assembly passed senate ordered to third reading cal.1847 committee discharged and committed to rules
May 25, 2022	print number 772a
May 25, 2022	amend and recommit to finance
Jan 05, 2022	referred to finance
Jan 06, 2021	referred to finance

Votes

- Jun 2, 2022 - Floor Vote
  S772
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 2, 2022
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  Jun 2, 2022 - Rules Committee Vote
  S772
  
  21
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 2, 2022
      
      aye (21)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Ritchie
      
      Savino
      
      Sepúlveda
      
      Stewart-Cousins

Bill Amendments

Original

A (Active)

co-Sponsors

2021-S772 - Details

Law Section:: Executive Law
Laws Affected:: Add §§837-w & 837-x, Exec L
Versions Introduced in 2019-2020 Legislative Session:: S5925

2021-S772 - Summary

Establishes a blue alert system to aid in the identification, location and apprehension of any individuals suspected of killing or seriously wounding any police officer.

2021-S772 - Sponsor Memo

                                
 
BILL NUMBER: S772

SPONSOR: KAMINSKY
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation adds two new sections to the Executive Law, to provide
for a "blue alert system."

 
SUMMARY OF PROVISIONS:

Section one of this bill amends the Executive Law by adding two new
sections 837-w and 837-x. Section 837-w provides for a blue alert
system. Said system will be a statewide program to aid in the identifi-
cation, location, and apprehension of any individual or individuals
suspected of killing or seriously wounding any local, state, or federal

law enforcement officer. Section 837-x authorizes the law enforcement to
develop criteria and procedures for the blue alert system.

Section two of this bill is a severability clause providing that should
a portion of this act be deemed to be invalid by a court of competent
jurisdiction, the remaining provisions of this act shall remain in full
force and effect.

Section three of this act shall take effect immediately; provided, that
section 837-w 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.

 
JUSTIFICATION:

Based upon the success of the Amber Alert for missing children, and
using a similar notification system, this bill creates a "Blue Alert
System." The Blue Alert System will provide the means to speed up the
apprehension of violent criminals who kill or seriously wound local,
state, or federal law enforcement officers. Currently, twenty-seven
states have this system. These states are: Florida, Texas, Alabama,
Maryland, Georgia, Delaware, California, Virginia, Mississippi, Tennes-
see, Utah, Colorado, South Carolina, Washington, Ohio, Kentucky, India-
na, Connecticut, Illinois, Arizona, Kansas, North Dakota, Maine, Minne-
sota, Michigan, Oklahoma, and North Carolina.

 
PRIOR LEGISLATIVE HISTORY:

2020: S5925, Kaminsky. Died on calendar.

2019: S5925, Kaminsky. Passed Senate, died in Assembly.

2018: S2995, Golden. Died on calendar.

2017: S2995 Golden, passed Senate, died in Assembly.

2015-2016: S.1460, Golden, passed the Senate both years

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, that section 837-t 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.

2021-S772 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    772
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by Sens. KAMINSKY, ADDABBO, GAUGHRAN, KAPLAN, KENNEDY -- 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-w and 837-x to read as follows:
   § 837-W. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD01129-01-1

 S. 772                              2
 
 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.
   § 837-X. 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-w  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.

co-Sponsors

View additional co-sponsors

2021-S772A (ACTIVE) - Details

Law Section:: Executive Law
Laws Affected:: Add §§837-w & 837-x, Exec L
Versions Introduced in 2019-2020 Legislative Session:: S5925

2021-S772A (ACTIVE) - Summary

Establishes a blue alert system to aid in the identification, location and apprehension of any individuals suspected of killing or seriously wounding any police officer.

2021-S772A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S772A

SPONSOR: KAMINSKY
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation adds two new sections to the Executive Law, to provide
for a "blue alert system."

 
SUMMARY OF PROVISIONS:

Section 1: amends the executive law by adding a new section 837-w,
setting forth provisions related to the administration of the "blue
alert system."

Section 2: provides a severability clause stating that should any
portion of this act be deemed to be invalid by a court of competent

jurisdiction, the remaining provisions of this act shall remain in full
force and effect.

Section 3: sets the effective date.

 
JUSTIFICATION:

Based upon the success of the Amber Alert for missing children, and
using a similar notification system, this bill creates a "Blue Alert
System." The Blue Alert System will provide the means to speed up the
apprehension of violent criminals who kill or seriously wound local,
state, or federal law enforcement officers. Currently, twenty-seven
states have this system. These states are: Florida, Texas, Alabama,
Maryland, Georgia, Delaware, California, Virginia, Mississippi, Tennes-
see, Utah, Colorado, South Carolina, Washington, Ohio, Kentucky, India-
na, Connecticut, Illinois, Arizona, Kansas, North Dakota, Maine, Minne-
sota, Michigan, Oklahoma, and North Carolina.

 
PRIOR LEGISLATIVE HISTORY:

2020: S5925, Kaminsky. Died on calendar.

2019: S5925, Kaminsky. Passed Senate, died in Assembly.

2018: S2995, Golden. Died on calendar.

2017: S2995 Golden, passed Senate, died in Assembly.

2015-2016: S.1460, Golden, passed the Senate both years

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, that section 837-t 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.

2021-S772A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  772--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by Sens. KAMINSKY, ADDABBO, GAUGHRAN, KAPLAN, KENNEDY -- read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Finance -- recommitted to the  Committee  on  Finance  in
   accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 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 a new section  837-w
 to read as follows:
   §  837-W.  BLUE ALERT SYSTEM. 1. THERE IS ESTABLISHED WITHIN THE DIVI-
 SION A BLUE ALERT SYSTEM TO AID  IN  THE  IDENTIFICATION,  LOCATION  AND
 APPREHENSION  OF  ANY  INDIVIDUAL OR INDIVIDUALS SUSPECTED OF KILLING OR
 SERIOUSLY WOUNDING ANY POLICE OFFICER.
   2. FOR THE PURPOSES OF THIS SECTION:
   (A) THE TERM "BLUE ALERT" SHALL MEAN INFORMATION SENT THROUGH THE BLUE
 ALERT SYSTEM RELATED TO:
   (I) THE SERIOUS INJURY OR DEATH OF A LAW ENFORCEMENT  OFFICER  IN  THE
 LINE OF DUTY;
   (II)  AN OFFICER WHO IS MISSING IN CONNECTION WITH THE OFFICER'S OFFI-
 CIAL DUTIES; OR
   (III) AN IMMINENT AND CREDIBLE THREAT THAT AN  INDIVIDUAL  INTENDS  TO
 CAUSE THE SERIOUS INJURY OR DEATH OF A LAW ENFORCEMENT OFFICER.
   (B)  THE  TERM "LAW ENFORCEMENT AGENCY HAVING JURISDICTION" SHALL MEAN
 THE CHIEF LAW ENFORCEMENT OFFICER OF THE VILLAGE, TOWN, CITY, COUNTY, OR
 THE DIVISION OF STATE POLICE THAT IS INVESTIGATING AN  OFFENSE  NECESSI-
 TATING THE USE OF A BLUE ALERT.

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

                                                            LBD01129-05-2
 S. 772--A                           2
 
   (C)  THE  TERM  "LAW  ENFORCEMENT OFFICER" SHALL MEAN A STATE OR LOCAL
 POLICE OFFICER.
   3.  UPON  THE REQUEST OF A LAW ENFORCEMENT AGENCY HAVING JURISDICTION,
 THE DIVISION SHALL ISSUE A  BLUE  ALERT  WHEN  PUBLIC  DISSEMINATION  OF
 AVAILABLE  INFORMATION  MAY HELP AVERT FURTHER HARM OR ACCELERATE APPRE-
 HENSION OF THE SUSPECT.  SUCH  BLUE  ALERT  MAY  BE  DISSEMINATED  ON  A
 REGIONAL OR STATEWIDE BASIS. NOTHING IN THIS SECTION SHALL REQUIRE A LAW
 ENFORCEMENT  AGENCY  HAVING  JURISDICTION TO REQUEST A BLUE ALERT IN ANY
 CIRCUMSTANCE DESCRIBED IN PARAGRAPH  (A)  OF  SUBDIVISION  TWO  OF  THIS
 SECTION  OR TO PARTICIPATE IN THE DISSEMINATION OF INFORMATION UNDER THE
 BLUE ALERT SYSTEM.
   4. THE DIVISION SHALL COORDINATE WITH THE  DEPARTMENT  OF  TRANSPORTA-
 TION,  THE  DIVISION  OF STATE POLICE, AND POLICE AGENCIES, AND MAY ALSO
 COORDINATE WITH  PUBLIC  COMMERCIAL  TELEVISION  AND  RADIO  BROADCASTER
 ORGANIZATIONS,  TO EFFECTUATE NOTIFICATIONS UNDER THE BLUE ALERT SYSTEM.
 INFORMATION DISSEMINATED PURSUANT TO A BLUE ALERT MAY INCLUDE, BUT SHALL
 NOT BE LIMITED TO, A DETAILED DESCRIPTION OF THE  SUSPECT'S  VEHICLE  OR
 LICENSE  PLATE  NUMBER  AND  THE NAME OF THE LAW ENFORCEMENT AGENCY THAT
 REQUESTED THE ALERT.
   5. THE DIVISION MAY COORDINATE WITH ADDITIONAL STATE AGENCIES  CAPABLE
 OF  PROVIDING URGENT AND TIMELY INFORMATION TO THE PUBLIC, TOGETHER WITH
 TELEVISION AND RADIO BROADCASTERS  AND  OTHER  PRIVATE  ENTITIES,  WHERE
 APPROPRIATE,  AND  IF  AUTHORIZED  AND UNDER CONDITIONS PERMITTED BY THE
 FEDERAL GOVERNMENT, THAT CONSENT TO PARTICIPATE IN THE DISSEMINATION  OF
 URGENT PUBLIC INFORMATION.
   6.  THE  DIVISION SHALL DEVELOP CRITERIA AND PROCEDURES FOR ACTIVATION
 OF 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 NOTIFICATIONS.
   7.  THE  PROVISIONS OF THIS SECTION SHALL ONLY APPLY IN THE EVENT THAT
 THE DIVISION HAS BEEN DESIGNATED TO USE THE FEDERALLY  AUTHORIZED  EMER-
 GENCY ALERT SYSTEM FOR THE ISSUANCE OF BLUE ALERTS.
   8.  THE  DIVISION  IS  HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU-
 LATIONS FOR THE IMPLEMENTATION OF THE BLUE ALERT SYSTEM PURSUANT TO THIS
 SECTION.
   § 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 on the ninetieth day after it shall
 have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S772

Share this bill

Sponsored By

Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

2021-S772 - Details

2021-S772 - Summary

2021-S772 - Sponsor Memo

2021-S772 - Bill Text download pdf

co-Sponsors

2021-S772A (ACTIVE) - Details

2021-S772A (ACTIVE) - Summary

2021-S772A (ACTIVE) - Sponsor Memo

2021-S772A (ACTIVE) - Bill Text download pdf

Comments