09 LC
21 0232S
The
House Committee on Judiciary Non-civil offers the following substitute
to HB 140:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating
to the Georgia Bureau of Investigation, so as to provide for civil immunity for
the dissemination of certain state-wide alerts; to create a state-wide "Blue
Alert" system to speed the apprehension of violent criminals who kill or
seriously injure local, state, or federal 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.
Chapter
3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia
Bureau of Investigation, is amended by revising subsection (a) of Code Section
35-3-180, relating to immunity from civil damages for dissemination of alert
information, as follows:
"(a)
Any entity or individual
participating
involved
in the
dissemination
of a 'Mattie's call' alert
system
generated
pursuant to this article shall not be liable for any civil damages arising from
the
such
dissemination
of any
alert generated pursuant to the 'Mattie's call' alert
system."
SECTION
2.
Said
chapter is further amended by revising subsection (i) of Code Section 35-3-190,
relating to state-wide alert system for unapprehended murder or rape suspects
determined to be serious public threats, as follows:
"(i)
Any entity or individual
participating
involved
in the
dissemination
of a 'Kimberly's Call' alert
system
generated
pursuant to this Code section shall not be liable for any civil damages arising
from
the
such
dissemination
of any
alert generated pursuant to the 'Kimberly's Call' alert
system."
SECTION
3.
Said
chapter is further amended by adding a new article to read as
follows:
"ARTICLE
9
35-3-200.
There
is established a state-wide alert system known as 'Blue Alert' which shall be
developed and implemented by the director.
35-3-201.
As
used in this article, 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
law enforcement officer.
(2)
'Law enforcement officer' means a person who is granted by law the authority to
enforce criminal, traffic, or penal laws.
35-3-202.
(a)
The 'Blue Alert' system may be activated when a suspect for a crime involving
the death or serious injury of a law enforcement officer has not been
apprehended and law enforcement personnel have determined that the suspect may
be a serious threat to the public.
(b)
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 article.
35-3-203.
(a)
Upon notification by a law enforcement agency that a suspect in a case involving
the death or serious injury of a law enforcement 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.
(b)
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.
(c)
Before requesting activation of the 'Blue Alert' system, a law enforcement
agency shall verify that the criteria described by subsection (a) 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.
(d)
The director shall terminate any activation of the 'Blue 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 'Blue Alert' system is no longer an effective
tool for locating the suspect.
35-3-204.
Any
entity or individual involved in the dissemination of a 'Blue Alert' generated
pursuant to this article shall not be liable for any civil damages arising from
such dissemination."
SECTION
4.
This
Act shall become effective on July 1, 2009.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.