85R6956 LHC-D     By: Krause H.B. No. 2189       A BILL TO BE ENTITLED   AN ACT   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.