Bill Text: IA SSB1167 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act creating a blue alert program within the department of public safety for the apprehension of a person suspected of killing or seriously injuring a peace officer in the line of duty or due to safety concerns for a peace officer missing while on duty.
Spectrum: Committee Bill
Status: (N/A - Dead) 2019-03-04 - Subcommittee recommends passage. [SSB1167 Detail]
Download: Iowa-2019-SSB1167-Introduced.html
Senate
Study
Bill
1167
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
creating
a
blue
alert
program
within
the
department
of
1
public
safety
for
the
apprehension
of
a
person
suspected
of
2
killing
or
seriously
injuring
a
peace
officer
in
the
line
of
3
duty
or
due
to
safety
concerns
for
a
peace
officer
missing
4
while
on
duty.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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Section
1.
NEW
SECTION
.
80H.1
Definitions.
1
As
used
in
this
chapter,
the
following
definitions
apply:
2
1.
“Department”
means
the
department
of
public
safety.
3
2.
“Law
enforcement
agency”
means
a
law
enforcement
agency
4
with
jurisdiction
over
the
search
for
a
suspect
in
a
case
5
involving
the
death
or
serious
injury
of
a
peace
officer
in
6
the
line
of
duty,
or
a
law
enforcement
agency
employing
a
7
peace
officer
who
is
reported
missing
while
on
duty
under
8
circumstances
warranting
concern
for
the
peace
officer’s
9
safety.
10
3.
“Peace
officer”
means
the
same
as
defined
in
section
11
801.4.
12
Sec.
2.
NEW
SECTION
.
80H.2
Blue
alert
program
——
creation.
13
A
blue
alert
program
is
created
as
a
cooperative
effort
14
between
the
department
and
local
law
enforcement
agencies
to
15
aid
in
the
search
for
a
suspect
of
a
crime
involving
the
death
16
or
serious
injury
of
a
peace
officer
in
the
line
of
duty
or
a
17
peace
officer
who
is
missing
while
on
duty
under
circumstances
18
warranting
concern
for
the
peace
officer’s
safety.
19
Sec.
3.
NEW
SECTION
.
80H.3
Criteria
——
blue
alert.
20
1.
Upon
notification
by
a
law
enforcement
agency
that
a
21
suspect
in
a
case
involving
the
death
or
serious
injury
of
a
22
peace
officer
in
the
line
of
duty
has
not
been
apprehended
23
and
may
be
a
serious
threat
to
the
public,
the
Iowa
state
24
patrol
communications
center
shall
activate
a
blue
alert
and
25
notify
appropriate
participants
in
the
blue
alert
program,
26
as
established
by
department
rule,
if
all
of
the
following
27
criteria
apply:
28
a.
A
law
enforcement
agency
believes
that
the
suspect
has
29
not
been
apprehended.
30
b.
A
law
enforcement
agency
believes
that
the
suspect
may
be
31
a
serious
threat
to
the
public.
32
c.
Sufficient
descriptive
information
is
available
to
33
disseminate
to
the
public
that
could
assist
in
locating
the
34
suspect.
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2.
Upon
notification
by
a
law
enforcement
agency
that
a
1
peace
officer
is
missing
while
on
duty
under
circumstances
2
warranting
concern
for
the
peace
officer’s
safety,
the
Iowa
3
state
patrol
communications
center
shall
activate
a
blue
alert
4
and
notify
appropriate
participants
in
the
blue
alert
program,
5
as
established
by
department
rule,
if
sufficient
descriptive
6
information
is
available
to
disseminate
to
the
public
that
7
could
assist
in
locating
the
missing
peace
officer.
8
3.
The
Iowa
state
patrol
communications
center
shall
not
9
release
any
information
about
the
identity
of
a
peace
officer
10
in
a
case
involving
the
death
or
serious
injury
of
the
peace
11
officer
who
is
the
subject
of
a
blue
alert.
12
4.
If
a
blue
alert
is
issued
because
a
peace
officer
is
13
missing
while
on
duty,
the
Iowa
state
patrol
communications
14
center
shall
defer
to
the
investigating
law
enforcement
agency
15
about
the
nature
and
limits
of
the
officer
information
to
be
16
made
public.
17
Sec.
4.
NEW
SECTION
.
80H.4
Activation
and
termination.
18
1.
Upon
establishment
of
the
blue
alert
criteria
in
section
19
80H.3,
the
department
shall
transmit
a
blue
alert
through
the
20
emergency
alert
system
to
Iowa
broadcasters.
21
2.
Upon
the
transmission
of
a
blue
alert,
the
department
22
shall
post
the
alert
on
an
internet
website
accessible
by
the
23
public.
24
3.
After
an
initial
blue
alert
transmission,
additional
25
information
may
be
submitted
by
the
participating
law
26
enforcement
agency
by
facsimile
transmission,
electronic
mail,
27
or
telephonic
means.
28
4.
The
communications
officer
of
the
state
patrol
may
29
direct
the
transmission
of
an
Iowa
blue
alert
upon
request
from
30
another
state,
provided
that
there
is
evidence
the
suspect
may
31
be
present
in
Iowa.
32
5.
The
blue
alert
transmission
may
be
directed
to
a
specific
33
geographic
location
within
the
state
if
the
Iowa
state
patrol
34
communications
center
determines
that
the
nature
of
the
event
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makes
it
probable
that
the
suspect
or
peace
officer
did
not
1
leave
a
certain
geographic
location
of
the
state.
2
6.
A
blue
alert
shall
terminate
if
any
of
the
following
3
occur:
4
a.
The
suspect
or
peace
officer
is
located.
5
b.
The
department
determines
that
the
blue
alert
is
no
6
longer
an
effective
tool
for
locating
the
suspect
or
peace
7
officer.
8
c.
Five
hours
have
elapsed
since
the
transmission
of
the
9
blue
alert.
10
7.
A
blue
alert
may
be
renewed.
11
8.
Law
enforcement
agencies
shall
notify
the
department
12
immediately
upon
taking
a
suspect
into
custody
or
upon
locating
13
the
missing
peace
officer.
14
Sec.
5.
NEW
SECTION
.
80H.5
Liability.
15
No
entity
or
individual
shall
be
liable
for
any
civil
damages
16
arising
from
the
activation
or
termination
of
a
blue
alert.
17
Sec.
6.
NEW
SECTION
.
80H.6
Rules.
18
The
department
shall
adopt
rules
pursuant
to
chapter
17A
to
19
implement
this
chapter.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
creates
a
blue
alert
program
within
the
department
24
of
public
safety.
25
The
bill
provides
that
the
purpose
of
a
blue
alert
program
26
is
to
aid
in
the
apprehension
of
a
person
suspected
of
killing
27
or
seriously
injuring
a
peace
officer
in
the
line
of
duty
or
a
28
peace
officer
who
is
missing
while
on
duty
under
circumstances
29
warranting
concern
for
the
peace
officer’s
safety.
30
The
bill
defines
“department”
to
mean
the
department
31
of
public
safety,
“law
enforcement
agency”
to
mean
a
law
32
enforcement
agency
with
jurisdiction
over
the
search
for
a
33
suspect
in
a
case
involving
the
death
or
serious
injury
of
a
34
peace
officer
in
the
line
of
duty,
or
a
law
enforcement
agency
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employing
a
peace
officer
who
is
reported
missing
while
on
duty
1
under
circumstances
warranting
concern
for
the
peace
officer’s
2
safety,
and
“peace
officer”
to
mean
the
same
as
defined
in
Code
3
section
801.4.
4
The
bill
provides
that
upon
notification
by
a
law
5
enforcement
agency
that
a
suspect
in
a
case
involving
the
6
death
or
serious
injury
of
a
peace
officer
in
the
line
of
7
duty
has
not
been
apprehended
and
may
be
a
serious
threat
to
8
the
public,
the
Iowa
state
patrol
communications
center
shall
9
activate
a
blue
alert
if
all
of
the
following
criteria
apply:
10
a
law
enforcement
agency
believes
that
the
suspect
has
not
11
been
apprehended;
a
law
enforcement
agency
believes
that
the
12
suspect
may
be
a
serious
threat
to
the
public;
and
sufficient
13
descriptive
information
is
available
to
disseminate
to
the
14
public
that
could
assist
in
locating
the
suspect.
15
The
bill
provides
that
upon
notification
by
a
law
16
enforcement
agency
that
a
peace
officer
is
missing
while
on
17
duty
under
circumstances
warranting
concern
for
the
peace
18
officer’s
safety,
the
Iowa
state
patrol
communications
19
center
shall
activate
a
blue
alert
if
sufficient
descriptive
20
information
is
available
to
disseminate
to
the
public
that
21
could
assist
in
locating
the
missing
peace
officer.
22
The
bill
provides
that
the
Iowa
state
patrol
communications
23
center
shall
not
release
any
information
about
the
identity
of
24
a
peace
officer
in
a
case
involving
the
death
or
serious
injury
25
of
the
peace
officer
who
is
the
subject
of
a
blue
alert.
If
the
26
blue
alert
is
issued
because
the
peace
officer
is
missing
while
27
on
duty,
the
Iowa
state
patrol
communications
center
shall
28
defer
to
the
investigating
law
enforcement
agency
about
the
29
nature
and
limits
of
the
officer
information
to
be
made
public.
30
If
the
criteria
for
issuing
a
blue
alert
have
been
31
established,
the
department
of
public
safety
shall
transmit
32
a
blue
alert
through
the
emergency
alert
system
to
Iowa
33
broadcasters.
Upon
the
transmission
of
the
blue
alert,
the
34
department
shall
also
post
the
alert
on
an
internet
website
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accessible
by
the
public.
After
an
initial
blue
alert
1
transmission,
additional
information
may
be
submitted
by
the
2
participating
law
enforcement
agency.
The
communications
3
officer
of
the
state
patrol
may
direct
the
transmission
of
a
4
blue
alert
upon
request
from
another
state
if
there
is
evidence
5
that
the
suspect
may
be
present
in
Iowa.
The
area
of
the
blue
6
alert
transmission
may
be
directed
to
a
specific
location
if
7
the
Iowa
state
patrol
communications
center
determines
that
the
8
nature
of
the
event
makes
it
probable
that
the
suspect
did
not
9
leave
a
certain
geographic
location
of
the
state.
10
The
bill
provides
that
a
blue
alert
shall
be
terminated
11
when
the
suspect
or
peace
officer
is
located,
the
department
12
determines
that
the
blue
alert
is
no
longer
an
effective
tool
13
for
locating
the
suspect
or
peace
officer,
or
five
hours
have
14
elapsed
since
the
transmission
of
the
blue
alert.
15
The
bill
also
provides
that
a
blue
alert
may
be
renewed
and
16
no
entity
or
individual
shall
be
civilly
liable
for
damages
17
arising
from
the
activation
or
termination
of
a
blue
alert.
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