Bill Text: TX SB1138 | 2017-2018 | 85th Legislature | Enrolled
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.
Spectrum: Slight Partisan Bill (Republican 64-23)
Status: (Passed) 2017-06-01 - Effective on 9/1/17 [SB1138 Detail]
Download: Texas-2017-SB1138-Enrolled.html
S.B. No. 1138 |
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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; and | ||
(3) 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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1138 passed the Senate on | ||
March 13, 2017, by the following vote: Yeas 30, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1138 passed the House on | ||
May 24, 2017, by the following vote: Yeas 144, Nays 0, one | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |