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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the blue alert system to aid in the |
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apprehension of individuals who are suspected of harming law |
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enforcement officers and individuals who are fugitives from |
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correctional facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 411, Government Code, is amended by |
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adding Subchapter P to read as follows: |
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SUBCHAPTER P. BLUE ALERT SYSTEM |
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Sec. 411.441. DEFINITIONS. In this subchapter: |
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(1) "Alert system" means the statewide blue alert |
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system that is developed and implemented under this subchapter. |
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(2) "Custody" has the meaning assigned by Section |
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38.01, Penal Code. |
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(3) "Escape" has the meaning assigned by Section |
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38.01, Penal Code. |
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(4) "Law enforcement agency" means a law enforcement |
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agency with jurisdiction over the investigation of: |
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(A) an alleged offense that resulted in the death |
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or serious bodily injury of a law enforcement officer; or |
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(B) the escape of a fugitive from custody. |
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(5) "Law enforcement officer" means a person who is a |
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peace officer under Article 2.12, Code of Criminal Procedure, or a |
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person who is a federal law enforcement officer, as defined by 5 |
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U.S.C. Section 8331(20). |
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(6) "Serious bodily injury" has the meaning assigned |
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by Section 1.07, Penal Code. |
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Sec. 411.442. BLUE ALERT SYSTEM. With the cooperation of |
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the Texas Department of Transportation, the office of the governor, |
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and other appropriate law enforcement agencies in this state, the |
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department shall develop and implement a statewide blue alert |
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system to be activated to aid in the apprehension of an individual |
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who: |
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(1) is suspected of killing or causing serious bodily |
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injury to a law enforcement officer; or |
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(2) has escaped from custody while the person is: |
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(A) under arrest for, lawfully detained for, or |
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charged with an offense punishable as a felony; or |
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(B) confined in a secure correctional facility, |
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as defined by Section 1.07, Penal Code. |
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Sec. 411.443. ADMINISTRATION. (a) The director is the |
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statewide coordinator of the alert system. |
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(b) The director shall adopt rules and issue directives as |
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necessary to ensure proper implementation of the alert system. The |
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rules and directives must include: |
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(1) the procedures to be used by a law enforcement |
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agency to verify whether: |
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(A) an individual is a suspect or fugitive as |
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described by Section 411.442 and is not yet apprehended; and |
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(B) the activation of the alert system would aid |
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in the apprehension of that individual; |
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(2) a description of the circumstances under which a |
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law enforcement agency is required to report a missing suspect or |
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fugitive to the department; and |
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(3) the procedures to be used by an individual or |
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entity to report information about a missing suspect or fugitive to |
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designated media outlets in Texas. |
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(c) The director shall prescribe forms for use by law |
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enforcement agencies in requesting activation of the alert system. |
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Sec. 411.444. DEPARTMENT TO RECRUIT PARTICIPANTS. The |
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department shall recruit public and commercial television and radio |
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broadcasters, private commercial entities, state or local |
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governmental entities, the public, and other appropriate persons to |
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assist in developing and implementing the alert system. |
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Sec. 411.445. STATE AGENCIES. (a) A state agency |
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participating in the alert system shall: |
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(1) cooperate with the department and assist in |
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developing and implementing the alert system; and |
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(2) establish a plan for providing relevant |
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information to its officers, investigators, or employees, as |
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appropriate, once the alert system has been activated. |
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(b) In addition to its duties as a state agency under |
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Subsection (a), the Texas Department of Transportation shall |
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establish a plan for providing relevant information to the public |
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through an existing system of dynamic message signs located across |
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the state. |
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Sec. 411.446. NOTIFICATION TO DEPARTMENT. (a) A law |
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enforcement agency that receives notice of a suspect or fugitive |
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who has not yet been apprehended shall: |
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(1) confirm the accuracy of the information; and |
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(2) if the agency believes the missing suspect or |
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fugitive poses a threat to other law enforcement officers or to the |
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public, provide notice to the department. |
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(b) A law enforcement agency providing notice to the |
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department under Subsection (a) shall include with that notice a |
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detailed description of the missing suspect or fugitive and, if |
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applicable, any available portion of the license plate number of a |
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motor vehicle being used by the suspect or fugitive. |
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Sec. 411.447. ACTIVATION OF BLUE ALERT SYSTEM. (a) When a |
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law enforcement agency notifies the department under Section |
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411.446, the department shall confirm the accuracy of the |
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information and, if confirmed, immediately issue an alert through |
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the alert system in accordance with department rules. |
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(b) In issuing the alert, the department shall send the |
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alert to designated media outlets in Texas. Following receipt of |
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the alert, participating radio stations and television stations and |
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other participating media outlets may issue the alert at designated |
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intervals to assist in locating the missing suspect or fugitive. |
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(c) The department shall also send the alert to: |
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(1) any appropriate law enforcement agency; |
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(2) the Texas Department of Transportation; |
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(3) the division of emergency management of the office |
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of the governor; and |
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(4) a state agency described by Section 411.445. |
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Sec. 411.448. CONTENT OF ALERT. The alert must include: |
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(1) all appropriate information that is provided by |
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the law enforcement agency under Section 411.446 and that may lead |
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to the apprehension of the missing suspect or fugitive; and |
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(2) a statement instructing any person with |
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information related to the missing suspect or fugitive to contact a |
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law enforcement agency. |
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Sec. 411.449. TERMINATION OF ALERT SYSTEM. (a) The |
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director shall terminate any activation of the alert system with |
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respect to a particular missing suspect or fugitive not later than |
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the earlier of the date on which: |
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(1) the missing suspect or fugitive is apprehended; |
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(2) the department receives evidence that the missing |
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suspect or fugitive has left this state; or |
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(3) the department determines that the alert system |
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will no longer aid in the apprehension of the missing suspect or |
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fugitive. |
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(b) A law enforcement agency that apprehends a missing |
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suspect or fugitive who is the subject of an alert under this |
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subchapter shall notify the department as soon as possible that the |
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missing suspect or fugitive has been apprehended. |
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SECTION 2. This Act takes effect September 1, 2017. |