Bill Text: IN HB1151 | 2013 | Regular Session | Enrolled
Bill Title: Blue alert program.
Spectrum: Slight Partisan Bill (Republican 6-2)
Status: (Passed) 2013-05-13 - Public Law 38 [HB1151 Detail]
Download: Indiana-2013-HB1151-Enrolled.html
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AN ACT to amend the Indiana Code concerning public safety.
Chapter 8. Blue Alert Program
Sec. 1. As used in this chapter, "blue alert" means the transmission of information about a law enforcement officer who is killed, seriously injured, or missing in the line of duty under a blue alert program.
Sec. 2. As used in this chapter, "blue alert program" means a program in which the department transmits information about a law enforcement officer who is killed, seriously injured, or missing in the line of duty to broadcasters and electronic billboard operators who:
(1) have agreed to participate in the program; and
(2) immediately and repeatedly broadcast the information to the general public.
Sec. 3. As used in this chapter, "broadcaster" means the operator of a radio or television station.
Sec. 4. As used in this chapter, "law enforcement agency" means an agency or department of the state or a political subdivision that:
(1) has jurisdiction over the search for a suspect in a case involving the death or serious injury of a law enforcement
officer; or
(2) employs a law enforcement officer who is missing in the
line of duty.
Sec. 5. As used in this chapter, "law enforcement officer" means
any of the following:
(1) A state police officer.
(2) A county sheriff.
(3) A county police officer.
(4) A correctional officer.
(5) An excise police officer.
(6) A county police reserve officer.
(7) A city police officer.
(8) A city police reserve officer.
(9) A conservation enforcement officer.
(10) A town marshal.
(11) A deputy town marshal.
(12) A probation officer.
(13) A state educational institution police officer appointed
under IC 21-39-4.
(14) A gaming agent of the Indiana gaming commission.
(15) A person employed by a political subdivision (as defined
in IC 36-1-2-13) and appointed as a special deputy under
IC 36-8-10-10.6.
(16) A school corporation police officer appointed under
IC 20-26-16.
(17) A police officer of a public or private postsecondary
educational institution whose board of trustees has established
a police department under IC 21-17-5-2 or IC 21-39-4-2.
Sec. 6. The department shall operate a blue alert program.
Sec. 7. A blue alert may be issued by the department if:
(1) requested by a law enforcement agency; and
(2) the department makes the determination required under
section 8 of this chapter.
Sec. 8. (a) The department may issue a blue alert only if the
department determines that:
(1) a law enforcement officer:
(A) has been killed or seriously injured while in the line of
duty and:
(i) the suspect has not been apprehended; and
(ii) the suspect poses an imminent threat to the public or
other law enforcement personnel; or
(B) is missing while in the line of duty under circumstances
warranting concern for the officer's safety;
(2) disseminating information to the public may assist in:
(A) identifying and apprehending the suspect; or
(B) locating the missing law enforcement officer; and
(3) there is sufficient information for dissemination to the
public regarding:
(A) the missing law enforcement officer's last known
location; and
(B) the physical description of any:
(i) suspect; or
(ii) vehicle involved or the vehicle's license plate number.
(b) The department shall determine the geographic boundaries
of the area in which the blue alert shall be issued.
(c) Before a blue alert may be issued, the law enforcement
agency requesting the alert shall provide information to the
department that is required by the guidelines adopted by the
department under section 10 of this chapter.
Sec. 9. (a) The department may enter into an agreement with
one (1) or more:
(1) broadcasters; or
(2) electronic billboard operators;
to issue blue alerts under a blue alert program established under
this chapter.
(b) The superintendent shall designate staff responsible for the
operation of the blue alert program.
Sec. 10. The department shall adopt guidelines for the operation
and administration of the blue alert program, including the
following:
(1) Procedures for a law enforcement agency to notify the
department of the circumstances described in section 8(a)(1)
of this chapter.
(2) The information that a law enforcement agency must
provide to the department before issuing a blue alert.
(3) Procedures for the department to follow in confirming a
law enforcement agency's information and reporting the
information to each designated broadcaster or electronic
billboard operator.
(4) Guidelines governing the voluntary blue alert program
agreement between the department and a broadcaster. The
agreement may include the following provisions:
(A) Upon receiving a notification as part of the blue alert
program, the broadcaster shall broadcast the information
contained in the notice on an intermittent basis for a
period of time as provided in the agreement between the
department and the broadcaster.
(B) The broadcaster shall treat the blue alert notification
as an emergency.
(C) The broadcaster shall ensure that the facsimile
transmission machine or other communication device used
to receive a blue alert notification is:
(i) generally available to receive a blue alert notification;
and
(ii) located such that the broadcaster will immediately
become aware of an incoming blue alert notification.
(5) Guidelines governing the voluntary blue alert program
agreement between the department and an electronic
billboard operator. The agreement may include the following
provisions:
(A) Upon receiving a notification as part of the blue alert
program, the electronic billboard operator shall display
the information contained in the notice on an intermittent
basis for a period of time as provided in the agreement
between the department and the electronic billboard
operator.
(B) The electronic billboard operator shall treat the blue
alert notification as an emergency.
(C) The electronic billboard operator shall ensure that the
facsimile transmission machine or other communication
device used to receive a blue alert notification is:
(i) generally available to receive a blue alert notification;
and
(ii) located such that the electronic billboard operator
will immediately become aware of an incoming blue alert
notification received during days and times when staff is
present to receive a blue alert notification.
(D) A limitation on the days and times that the electronic
billboard operator is required to have staff present to
receive a blue alert notification.
(6) The guidelines may require department staff, upon a
determination by the department to issue a blue alert, to
immediately send by facsimile transmission or other means of
communication the information that the department considers
necessary to one (1) or more electronic billboard operators
participating in the blue alert program if the blue alert occurs
during a period when the electronic billboard operator has
agreed to have staff present to receive a blue alert
notification.
(7) Guidelines to ensure that releasing victim information is
proper, as to avoid improper next of kin notification.
(8) Guidelines to ensure that release of the information will
not compromise the investigation.
Sec. 11. A broadcaster or an electronic billboard operator
participating in the blue alert program shall immediately display
the information that the department considers necessary to the
general public in accordance with the blue alert plan agreement
between the department and the broadcaster or operator.
Sec. 12. (a) A broadcaster or electronic billboard operator that
has agreed to participate in the blue alert program and that:
(1) receives a blue alert notification from the department; and
(2) broadcasts or displays information contained in the
notification that the department considers necessary;
is immune from civil liability based on the broadcast or display of
the information received from the department.
(b) If:
(1) a person enters into an agreement with the department to
establish or maintain a blue alert web site; and
(2) the agreement provides that only the department has the
ability to place information on the web site;
the person is immune from civil liability for the information placed
on the web site by the department. However, this subsection does
not affect the applicability of IC 34-13-3 to the department.
Sec. 13. A law enforcement agency that locates or apprehends
the suspect or locates the missing officer described in section
8(a)(1) of this chapter shall notify the department as soon as
practicable.
Sec. 14. The department shall terminate a blue alert if:
(1) the suspect or missing law enforcement officer is located
or the incident is otherwise resolved; or
(2) the department determines that the blue alert system is no
longer an effective tool for locating the suspect or the missing
law enforcement officer.
Sec. 15. When a blue alert is issued, the law enforcement agency
that requests the blue alert shall report information regarding the
circumstances described in section 8(a)(1) of this chapter to the
National Crime Information Center (NCIC) data base.
Sec. 16. This chapter does not authorize the use of the federal
emergency alert system unless otherwise authorized by federal law.
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