Texas 2017 - 85th Regular

Texas House Bill HB2189 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R6956 LHC-D
2	2	By: Krause H.B. No. 2189
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the blue alert system to aid in the
8	8	apprehension of an individual suspected of killing or causing
9	9	serious bodily injury to a law enforcement officer.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 411, Government Code, is amended by
12	12	adding Subchapter P to read as follows:
13	13	SUBCHAPTER P. BLUE ALERT SYSTEM
14	14	Sec. 411.441. DEFINITIONS. In this subchapter:
15	15	(1) "Alert system" means the statewide blue alert
16	16	system that is developed and implemented under this subchapter.
17	17	(2) "Law enforcement agency" means a law enforcement
18	18	agency with jurisdiction over the investigation of an alleged
19	19	offense that resulted in the death or serious bodily injury of a law
20	20	enforcement officer.
21	21	(3) "Law enforcement officer" means a person who is a
22	22	peace officer under Article 2.12, Code of Criminal Procedure, or a
23	23	person who is a federal law enforcement officer, as defined by 5
24	24	U.S.C. Section 8331(20).
25	25	(4) "Serious bodily injury" has the meaning assigned
26	26	by Section 1.07, Penal Code.
27	27	Sec. 411.442. BLUE ALERT SYSTEM. With the cooperation of
28	28	the Texas Department of Transportation, the office of the governor,
29	29	and other appropriate law enforcement agencies in this state, the
30	30	department shall develop and implement a statewide blue alert
31	31	system to be activated to aid in the apprehension of an individual
32	32	suspected of killing or causing serious bodily injury to a law
33	33	enforcement officer.
34	34	Sec. 411.443. ADMINISTRATION. (a) The director is the
35	35	statewide coordinator of the alert system.
36	36	(b) The director shall adopt rules and issue directives as
37	37	necessary to ensure proper implementation of the alert system. The
38	38	rules and directives must include:
39	39	(1) the procedures to be used by a law enforcement
40	40	agency to verify whether:
41	41	(A) an individual is suspected of killing or
42	42	causing serious bodily injury to a law enforcement officer and is
43	43	not yet apprehended; and
44	44	(B) the activation of the alert system would aid
45	45	in the apprehension of that individual;
46	46	(2) a description of the circumstances under which a
47	47	law enforcement agency is required to report a missing suspect to
48	48	the department; and
49	49	(3) the procedures to be used by an individual or
50	50	entity to report information about a missing suspect to designated
51	51	media outlets in Texas.
52	52	(c) The director shall prescribe forms for use by law
53	53	enforcement agencies in requesting activation of the alert system.
54	54	Sec. 411.444. DEPARTMENT TO RECRUIT PARTICIPANTS. The
55	55	department shall recruit public and commercial television and radio
56	56	broadcasters, private commercial entities, state or local
57	57	governmental entities, the public, and other appropriate persons to
58	58	assist in developing and implementing the alert system.
59	59	Sec. 411.445. STATE AGENCIES. (a) A state agency
60	60	participating in the alert system shall:
61	61	(1) cooperate with the department and assist in
62	62	developing and implementing the alert system; and
63	63	(2) establish a plan for providing relevant
64	64	information to its officers, investigators, or employees, as
65	65	appropriate, once the alert system has been activated.
66	66	(b) In addition to its duties as a state agency under
67	67	Subsection (a), the Texas Department of Transportation shall
68	68	establish a plan for providing relevant information to the public
69	69	through an existing system of dynamic message signs located across
70	70	the state.
71	71	Sec. 411.446. NOTIFICATION TO DEPARTMENT. (a) A law
72	72	enforcement agency that receives notice of an individual who is
73	73	suspected of killing or causing serious bodily injury to a law
74	74	enforcement officer and who has not yet been apprehended shall:
75	75	(1) confirm the accuracy of the information; and
76	76	(2) if the agency believes the missing suspect poses a
77	77	threat to other law enforcement officers and to the public, provide
78	78	notice to the department.
79	79	(b) A law enforcement agency providing notice to the
80	80	department under Subsection (a) shall include with that notice a
81	81	detailed description of the missing suspect and, if applicable, any
82	82	available portion of the license plate number of a motor vehicle
83	83	being used by the suspect.
84	84	Sec. 411.447. ACTIVATION OF BLUE ALERT SYSTEM. (a) When a
85	85	law enforcement agency notifies the department under Section
86	86	411.446, the department shall confirm the accuracy of the
87	87	information and, if confirmed, immediately issue an alert through
88	88	the alert system in accordance with department rules.
89	89	(b) In issuing the alert, the department shall send the
90	90	alert to designated media outlets in Texas. Following receipt of
91	91	the alert, participating radio stations and television stations and
92	92	other participating media outlets may issue the alert at designated
93	93	intervals to assist in locating the missing suspect.
94	94	(c) The department shall also send the alert to:
95	95	(1) any appropriate law enforcement agency;
96	96	(2) the Texas Department of Transportation;
97	97	(3) the division of emergency management of the office
98	98	of the governor; and
99	99	(4) a state agency described by Section 411.445.
100	100	Sec. 411.448. CONTENT OF ALERT. The alert must include:
101	101	(1) all appropriate information that is provided by
102	102	the law enforcement agency under Section 411.446 and that may lead
103	103	to the apprehension of the missing suspect; and
104	104	(2) a statement instructing any person with
105	105	information related to the missing suspect to contact a law
106	106	enforcement agency.
107	107	Sec. 411.449. TERMINATION OF ALERT SYSTEM. (a) The
108	108	director shall terminate any activation of the alert system with
109	109	respect to a particular missing suspect not later than the earlier
110	110	of the date on which:
111	111	(1) the missing suspect is apprehended;
112	112	(2) the department receives evidence that the missing
113	113	suspect has left this state; or
114	114	(3) the department determines that the alert system
115	115	will no longer aid in the apprehension of the missing suspect.
116	116	(b) A law enforcement agency that apprehends a missing
117	117	suspect who is the subject of an alert under this subchapter shall
118	118	notify the department as soon as possible that the missing suspect
119	119	has been apprehended.
120	120	SECTION 2. This Act takes effect September 1, 2017.