10 LC
35 1681
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
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 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.
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.
(2)
'Peace Officer' means a person who is certified by the Georgia Peace Officers
and Standards Council 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.
(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)
Before requesting activation of the 'Blue Alert' system, a law enforcement
agency shall verify that the criteria described by subsection (e) 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.
(g)
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.
(h)
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.