Texas 2017 - 85th Regular

Texas Senate Bill SB1138 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Whitmire, et al. S.B. No. 1138
2		-	(Krause, Dean, Guillen, Villalba, Blanco, et al.)
	1	+	S.B. No. 1138
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the creation of the blue alert system to aid in the
8	6		apprehension of an individual suspected of killing or causing
9	7		serious bodily injury to a law enforcement officer.
10	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	9		SECTION 1. Chapter 411, Government Code, is amended by
12	10		adding Subchapter P to read as follows:
13	11		SUBCHAPTER P. BLUE ALERT SYSTEM
14	12		Sec. 411.441. DEFINITIONS. In this subchapter:
15	13		(1) "Alert system" means the statewide blue alert
16	14		system that is developed and implemented under this subchapter.
17	15		(2) "Law enforcement agency" means a law enforcement
18	16		agency with jurisdiction over the investigation of an alleged
19	17		offense that resulted in the death or serious bodily injury of a law
20	18		enforcement officer.
21	19		(3) "Law enforcement officer" means a person who is a
22	20		peace officer under Article 2.12, Code of Criminal Procedure, or a
23	21		person who is a federal law enforcement officer, as defined by 5
24	22		U.S.C. Section 8331(20).
25	23		(4) "Serious bodily injury" has the meaning assigned
26	24		by Section 1.07, Penal Code.
27	25		Sec. 411.442. BLUE ALERT SYSTEM. With the cooperation of
28	26		the Texas Department of Transportation, the office of the governor,
29	27		and other appropriate law enforcement agencies in this state, the
30	28		department shall develop and implement a statewide blue alert
31	29		system to be activated to aid in the apprehension of an individual
32	30		suspected of killing or causing serious bodily injury to a law
33	31		enforcement officer.
34	32		Sec. 411.443. ADMINISTRATION. (a) The director is the
35	33		statewide coordinator of the alert system.
36	34		(b) The director shall adopt rules and issue directives as
37	35		necessary to ensure proper implementation of the alert system. The
38	36		rules and directives must include:
39	37		(1) the procedures to be used by a law enforcement
40	38		agency to verify whether:
41	39		(A) an individual is suspected of killing or
42	40		causing serious bodily injury to a law enforcement officer and is
43	41		not yet apprehended; and
44	42		(B) the activation of the alert system would aid
45	43		in the apprehension of that individual;
46	44		(2) a description of the circumstances under which a
47	45		law enforcement agency is required to report a missing suspect to
48	46		the department; and
49	47		(3) the procedures to be used by an individual or
50	48		entity to report information about a missing suspect to designated
51	49		media outlets in Texas.
52	50		(c) The director shall prescribe forms for use by law
53	51		enforcement agencies in requesting activation of the alert system.
54	52		Sec. 411.444. DEPARTMENT TO RECRUIT PARTICIPANTS. The
55	53		department shall recruit public and commercial television and radio
56	54		broadcasters, private commercial entities, state or local
57	55		governmental entities, the public, and other appropriate persons to
58	56		assist in developing and implementing the alert system.
59	57		Sec. 411.445. STATE AGENCIES. (a) A state agency
60	58		participating in the alert system shall:
61	59		(1) cooperate with the department and assist in
62	60		developing and implementing the alert system; and
63	61		(2) establish a plan for providing relevant
64	62		information to its officers, investigators, or employees, as
65	63		appropriate, once the alert system has been activated.
66	64		(b) In addition to its duties as a state agency under
67	65		Subsection (a), the Texas Department of Transportation shall
68	66		establish a plan for providing relevant information to the public
69	67		through an existing system of dynamic message signs located across
70	68		the state.
71	69		Sec. 411.446. NOTIFICATION TO DEPARTMENT. (a) A law
72	70		enforcement agency that receives notice of an individual who is
73	71		suspected of killing or causing serious bodily injury to a law
74	72		enforcement officer and who has not yet been apprehended shall:
75	73		(1) confirm the accuracy of the information; and
76	74		(2) if the agency believes the missing suspect poses a
77	75		threat to other law enforcement officers and to the public, provide
78	76		notice to the department.
79	77		(b) A law enforcement agency providing notice to the
80	78		department under Subsection (a) shall include with that notice a
81	79		detailed description of the missing suspect and, if applicable, any
82	80		available portion of the license plate number of a motor vehicle
83	81		being used by the suspect.
84	82		Sec. 411.447. ACTIVATION OF BLUE ALERT SYSTEM. (a) When a
85	83		law enforcement agency notifies the department under Section
86	84		411.446, the department shall confirm the accuracy of the
87	85		information and, if confirmed, immediately issue an alert through
88	86		the alert system in accordance with department rules.
89	87		(b) In issuing the alert, the department shall send the
90	88		alert to designated media outlets in Texas. Following receipt of
91	89		the alert, participating radio stations and television stations and
92	90		other participating media outlets may issue the alert at designated
93	91		intervals to assist in locating the missing suspect.
94	92		(c) The department shall also send the alert to:
95	93		(1) any appropriate law enforcement agency;
96	94		(2) the Texas Department of Transportation; and
97	95		(3) a state agency described by Section 411.445.
98	96		Sec. 411.448. CONTENT OF ALERT. The alert must include:
99	97		(1) all appropriate information that is provided by
100	98		the law enforcement agency under Section 411.446 and that may lead
101	99		to the apprehension of the missing suspect; and
102	100		(2) a statement instructing any person with
103	101		information related to the missing suspect to contact a law
104	102		enforcement agency.
105	103		Sec. 411.449. TERMINATION OF ALERT SYSTEM. (a) The
106	104		director shall terminate any activation of the alert system with
107	105		respect to a particular missing suspect not later than the earlier
108	106		of the date on which:
109	107		(1) the missing suspect is apprehended;
110	108		(2) the department receives evidence that the missing
111	109		suspect has left this state; or
112	110		(3) the department determines that the alert system
113	111		will no longer aid in the apprehension of the missing suspect.
114	112		(b) A law enforcement agency that apprehends a missing
115	113		suspect who is the subject of an alert under this subchapter shall
116	114		notify the department as soon as possible that the missing suspect
117	115		has been apprehended.
118	116		SECTION 2. This Act takes effect September 1, 2017.
	117	+	______________________________ ______________________________
	118	+	President of the Senate Speaker of the House
	119	+	I hereby certify that S.B. No. 1138 passed the Senate on
	120	+	March 13, 2017, by the following vote: Yeas 30, Nays 0.
	121	+	______________________________
	122	+	Secretary of the Senate
	123	+	I hereby certify that S.B. No. 1138 passed the House on
	124	+	May 24, 2017, by the following vote: Yeas 144, Nays 0, one
	125	+	present not voting.
	126	+	______________________________
	127	+	Chief Clerk of the House
	128	+	Approved:
	129	+	______________________________
	130	+	Date
	131	+	______________________________
	132	+	Governor