85R8130 LHC-F
By: Dean H.B. No. 3436
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the blue alert system to aid in the
apprehension of individuals who are suspected of harming law
enforcement officers and individuals who are fugitives from
correctional facilities.
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) "Custody" has the meaning assigned by Section
38.01, Penal Code.
(3) "Escape" has the meaning assigned by Section
38.01, Penal Code.
(4) "Law enforcement agency" means a law enforcement
agency with jurisdiction over the investigation of:
(A) an alleged offense that resulted in the death
or serious bodily injury of a law enforcement officer; or
(B) the escape of a fugitive from custody.
(5) "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).
(6) "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
who:
(1) is suspected of killing or causing serious bodily
injury to a law enforcement officer; or
(2) has escaped from custody while the person is:
(A) under arrest for, lawfully detained for, or
charged with an offense punishable as a felony; or
(B) confined in a secure correctional facility,
as defined by Section 1.07, Penal Code.
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 a suspect or fugitive as
described by Section 411.442 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 or
fugitive to the department; and
(3) the procedures to be used by an individual or
entity to report information about a missing suspect or fugitive 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 a suspect or fugitive
who has not yet been apprehended shall:
(1) confirm the accuracy of the information; and
(2) if the agency believes the missing suspect or
fugitive poses a threat to other law enforcement officers or 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 or fugitive and, if
applicable, any available portion of the license plate number of a
motor vehicle being used by the suspect or fugitive.
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 or fugitive.
(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 or fugitive; and
(2) a statement instructing any person with
information related to the missing suspect or fugitive 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 or fugitive not later than
the earlier of the date on which:
(1) the missing suspect or fugitive is apprehended;
(2) the department receives evidence that the missing
suspect or fugitive has left this state; or
(3) the department determines that the alert system
will no longer aid in the apprehension of the missing suspect or
fugitive.
(b) A law enforcement agency that apprehends a missing
suspect or fugitive who is the subject of an alert under this
subchapter shall notify the department as soon as possible that the
missing suspect or fugitive has been apprehended.
SECTION 2. This Act takes effect September 1, 2017.