Bill Text: TX HB2189 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the creation of the blue alert system to aid in the apprehension of an individual suspected of killing or causing serious bodily injury to a law enforcement officer.
Sponsorship: Moderate Partisan Bill (Republican 37-12)
Status: (Introduced - Dead) 2017-03-21 - Referred to Homeland Security & Public Safety [HB2189 Detail]
Download: Texas-2017-HB2189-Introduced.html
| 85R6956 LHC-D | ||
| By: Krause | H.B. No. 2189 | |
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| relating to the creation of the blue alert system to aid in the | ||
| apprehension of an individual suspected of killing or causing | ||
| serious bodily injury to a law enforcement officer. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 411, Government Code, is amended by | ||
| adding Subchapter P to read as follows: | ||
| SUBCHAPTER P. BLUE ALERT SYSTEM | ||
| Sec. 411.441. DEFINITIONS. In this subchapter: | ||
| (1) "Alert system" means the statewide blue alert | ||
| system that is developed and implemented under this subchapter. | ||
| (2) "Law enforcement agency" means a law enforcement | ||
| agency with jurisdiction over the investigation of an alleged | ||
| offense that resulted in the death or serious bodily injury of a law | ||
| enforcement officer. | ||
| (3) "Law enforcement officer" means a person who is a | ||
| peace officer under Article 2.12, Code of Criminal Procedure, or a | ||
| person who is a federal law enforcement officer, as defined by 5 | ||
| U.S.C. Section 8331(20). | ||
| (4) "Serious bodily injury" has the meaning assigned | ||
| by Section 1.07, Penal Code. | ||
| Sec. 411.442. BLUE ALERT SYSTEM. With the cooperation of | ||
| the Texas Department of Transportation, the office of the governor, | ||
| and other appropriate law enforcement agencies in this state, the | ||
| department shall develop and implement a statewide blue alert | ||
| system to be activated to aid in the apprehension of an individual | ||
| suspected of killing or causing serious bodily injury to a law | ||
| enforcement officer. | ||
| Sec. 411.443. ADMINISTRATION. (a) The director is the | ||
| statewide coordinator of the alert system. | ||
| (b) The director shall adopt rules and issue directives as | ||
| necessary to ensure proper implementation of the alert system. The | ||
| rules and directives must include: | ||
| (1) the procedures to be used by a law enforcement | ||
| agency to verify whether: | ||
| (A) an individual is suspected of killing or | ||
| causing serious bodily injury to a law enforcement officer and is | ||
| not yet apprehended; and | ||
| (B) the activation of the alert system would aid | ||
| in the apprehension of that individual; | ||
| (2) a description of the circumstances under which a | ||
| law enforcement agency is required to report a missing suspect to | ||
| the department; and | ||
| (3) the procedures to be used by an individual or | ||
| entity to report information about a missing suspect to designated | ||
| media outlets in Texas. | ||
| (c) The director shall prescribe forms for use by law | ||
| enforcement agencies in requesting activation of the alert system. | ||
| Sec. 411.444. DEPARTMENT TO RECRUIT PARTICIPANTS. The | ||
| department shall recruit public and commercial television and radio | ||
| broadcasters, private commercial entities, state or local | ||
| governmental entities, the public, and other appropriate persons to | ||
| assist in developing and implementing the alert system. | ||
| Sec. 411.445. STATE AGENCIES. (a) A state agency | ||
| participating in the alert system shall: | ||
| (1) cooperate with the department and assist in | ||
| developing and implementing the alert system; and | ||
| (2) establish a plan for providing relevant | ||
| information to its officers, investigators, or employees, as | ||
| appropriate, once the alert system has been activated. | ||
| (b) In addition to its duties as a state agency under | ||
| Subsection (a), the Texas Department of Transportation shall | ||
| establish a plan for providing relevant information to the public | ||
| through an existing system of dynamic message signs located across | ||
| the state. | ||
| Sec. 411.446. NOTIFICATION TO DEPARTMENT. (a) A law | ||
| enforcement agency that receives notice of an individual who is | ||
| suspected of killing or causing serious bodily injury to a law | ||
| enforcement officer and who has not yet been apprehended shall: | ||
| (1) confirm the accuracy of the information; and | ||
| (2) if the agency believes the missing suspect poses a | ||
| threat to other law enforcement officers and to the public, provide | ||
| notice to the department. | ||
| (b) A law enforcement agency providing notice to the | ||
| department under Subsection (a) shall include with that notice a | ||
| detailed description of the missing suspect and, if applicable, any | ||
| available portion of the license plate number of a motor vehicle | ||
| being used by the suspect. | ||
| Sec. 411.447. ACTIVATION OF BLUE ALERT SYSTEM. (a) When a | ||
| law enforcement agency notifies the department under Section | ||
| 411.446, the department shall confirm the accuracy of the | ||
| information and, if confirmed, immediately issue an alert through | ||
| the alert system in accordance with department rules. | ||
| (b) In issuing the alert, the department shall send the | ||
| alert to designated media outlets in Texas. Following receipt of | ||
| the alert, participating radio stations and television stations and | ||
| other participating media outlets may issue the alert at designated | ||
| intervals to assist in locating the missing suspect. | ||
| (c) The department shall also send the alert to: | ||
| (1) any appropriate law enforcement agency; | ||
| (2) the Texas Department of Transportation; | ||
| (3) the division of emergency management of the office | ||
| of the governor; and | ||
| (4) a state agency described by Section 411.445. | ||
| Sec. 411.448. CONTENT OF ALERT. The alert must include: | ||
| (1) all appropriate information that is provided by | ||
| the law enforcement agency under Section 411.446 and that may lead | ||
| to the apprehension of the missing suspect; and | ||
| (2) a statement instructing any person with | ||
| information related to the missing suspect to contact a law | ||
| enforcement agency. | ||
| Sec. 411.449. TERMINATION OF ALERT SYSTEM. (a) The | ||
| director shall terminate any activation of the alert system with | ||
| respect to a particular missing suspect not later than the earlier | ||
| of the date on which: | ||
| (1) the missing suspect is apprehended; | ||
| (2) the department receives evidence that the missing | ||
| suspect has left this state; or | ||
| (3) the department determines that the alert system | ||
| will no longer aid in the apprehension of the missing suspect. | ||
| (b) A law enforcement agency that apprehends a missing | ||
| suspect who is the subject of an alert under this subchapter shall | ||
| notify the department as soon as possible that the missing suspect | ||
| has been apprehended. | ||
| SECTION 2. This Act takes effect September 1, 2017. | ||
