Bill Text: GA SB397 | 2009-2010 | Regular Session | Engrossed
Bill Title: "Blue Alert"; create state-wide system to speed the apprehension of violent criminals; local, state, and federal law enforcement officers
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Passed) 2010-07-01 - Effective Date [SB397 Detail]
Download: Georgia-2009-SB397-Engrossed.html
10 LC
35 1758S (SCS)
Senate
Bill 397
By:
Senators Mullis of the 53rd, Murphy of the 27th, Douglas of the 17th, Hawkins of
the 49th, Shafer of the 48th and others
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 8 of Chapter 3 of Title 35 of the Official Code of Georgia
Annotated, relating to the alert system for unapprehended murder and rape
suspects under the administration of the Georgia Bureau of Investigation, so as
to create a state-wide "Blue Alert" system to speed the apprehension of violent
criminals who kill or seriously injure law enforcement officers and to aid in
the location of missing law enforcement officers; to provide for definitions; to
provide for procedure; to provide for related matters; to provide an effective
date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
8 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating
to the alert system for unapprehended murder and rape suspects under the
administration of the Georgia Bureau of Investigation, is amended by adding a
new Code section to read as follows:
"35-3-191.
(a)
There is established a state-wide alert system known as 'Blue Alert' which shall
be developed and implemented by the director.
(b)
As used in this Code section, the term:
(1)
'Law enforcement agency' means a law enforcement agency with jurisdiction over
the search for a suspect in a case involving the death or serious injury of a
peace officer or an agency employing a peace officer who is missing in the line
of duty.
(2)
'Peace officer' means a person who is certified to exercise the powers of
arrest.
(c)
The 'Blue Alert' system may be activated when a suspect for a crime involving
the death or serious injury of a peace officer has not been apprehended and law
enforcement personnel have determined that the suspect may be a serious threat
to the public and also when a peace officer becomes missing while in the line of
duty under circumstances warranting concern for such peace officer's
safety.
(d)
The provisions of Code Sections 35-3-173, 35-3-175, and 35-3-178 shall also
apply to 'Blue Alert' as set forth in this Code section.
(e)
Upon notification by a law enforcement agency that a suspect in a case involving
the death or serious injury of a peace officer has not been apprehended and may
be a serious threat to the public, the director shall activate the 'Blue Alert'
system and notify appropriate participants in the 'Blue Alert' system, as
established by rule, if:
(1)
A law enforcement agency believes that a suspect has not been
apprehended;
(2)
A law enforcement agency believes that the suspect may be a serious threat to
the public; and
(3)
Sufficient information is available to disseminate to the public that could
assist in locating the suspect.
The
area of the alert may be less than state wide if the director determines that
the nature of the event makes it probable that the suspect did not leave a
certain geographic location.
(f)
Upon notification by a law enforcement agency that a peace officer is missing
while in the line of duty under circumstances warranting concern for such peace
officer's safety, the director shall activate the 'Blue Alert' system and notify
appropriate participants in the 'Blue Alert' system if sufficient information is
available to disseminate to the public that could assist in locating the missing
peace officer. The area of the alert may be less than state wide if the
director determines that the nature of the event makes it probable that the
officer is within a certain geographic location.
(g)
Before requesting activation of the 'Blue Alert' system, a law enforcement
agency shall verify that the criteria described by subsection (e) or (f) of this
Code section have been satisfied. The law enforcement agency shall assess the
appropriate boundaries of the alert based on the nature of the suspect and the
circumstances surrounding the crime or the last known location of the missing
peace officer.
(h)
The director shall terminate any activation of the 'Blue Alert' system with
respect to a particular incident if:
(1)
The suspect or peace officer is located or the incident is otherwise resolved;
or
(2)
The director determines that the 'Blue Alert' system is no longer an effective
tool for locating the suspect or peace officer.
Law
enforcement agencies shall notify the director immediately when the suspect is
located and in custody or the peace officer is found.
(i)
Any entity or individual involved in the dissemination of a 'Blue Alert'
generated pursuant to this Code section shall not be liable for any civil
damages arising from such
dissemination."
SECTION
2.
This
Act shall become effective on July 1, 2010.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.
