06 AM 34
0146
ADOPTED
SENATE
Senators
Rogers of the 21st and Wiles of the 37th offered the following
amendment:
Amend
the committee substitute to HB 728 (LC 37 0139S) by
inserting "to provide for a state-wide
alert for certain criminal
suspects;" following
"alert;"
on line 8 on page 1.
By
deleting the quotation marks at the end of line 3 on page 4 and inserting the
following between lines 3 and 4 on page 4:
38-3-120.
(a)
In addition to the state-wide alert system known as
'Mattiés
Call,' there is established a state-wide alert system known as
'Kimberlýs
Call.'
(b)
The director shall develop and implement a state-wide alert system to be
activated when a suspect for the crime of murder as defined in Code Section
16-5-1 or rape as defined in Code Section 16-6-1 has not been apprehended and
law enforcement personnel have determined that the suspect may be a serious
threat to the public.
(c)
The provisions of Code Sections 38-3-113, 38-3-114, and 38-3-117 shall also
apply to
'Kimberlýs
Call' as set forth in this Code section.
(d)
On notification by a local law enforcement agency that a suspect in a case of
murder or rape has not been apprehended and may be a serious threat to the
public, the director shall activate the alert system and notify appropriate
participants in the alert system, as established by rule, if:
(1)
A local law enforcement agency believes that a suspect has not been
apprehended;
(2)
A local 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.
(e)
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)
Before requesting activation of the alert system, a local law enforcement agency
must verify that the criteria described by subsection (d) have been satisfied.
The local law enforcement agency shall assess the appropriate boundaries of the
alert based on the nature of the suspect and the circumstances surrounding the
crime.
(g)
The director shall terminate any activation of the alert system with respect to
a particular suspect if:
(1)
The suspect is located or the incident is otherwise resolved; or
(2)
The director determines that the alert system is no longer an effective tool for
locating the suspect.
(h)
Any entity or individual participating in the
'Kimberlýs
Call' alert system pursuant to this Code section shall not be liable for any
civil damages arising from the dissemination of any alert generated pursuant to
the
'Kimberlýs
Call' alert
system."