HB2893 98TH GENERAL ASSEMBLY

LRB098 07712 RLC 37789 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2893

Introduced , by Rep. Robert F Martwick

SYNOPSIS AS INTRODUCED:

New Act

Creates the Blue Alert System Act. Establishes a statewide alert system known as "Blue Alert" which shall be developed and implemented by the Director of State Police. Provides that the "Blue Alert" system may be activated when a suspect for a crime involving the death or serious injury of a peace officer has not been apprehended and law enforcement personnel have determined that the suspect may be a serious threat to the public and also when a peace officer becomes missing while in the line of duty under circumstances warranting concern for the peace officer's safety. Provides that the Director shall terminate any activation of the "Blue Alert" system with respect to a particular incident if: (1) the suspect or peace officer is located or the incident is otherwise resolved; or (2) the Director determines that the "Blue Alert" system is no longer an effective tool for locating the suspect or peace officer.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Blue Alert System Act.

Section 5. Statewide alert system for suspects of crimes involving death or serious injury of a peace officer; alert system for missing peace officer.

(a) As used in this Section:

"Department" means the Department of State Police.

"Director" means the Director of State Police.

"Law enforcement agency" means a law enforcement agency with jurisdiction over the search for a suspect in a case involving the death or serious injury of a peace officer or an agency employing a peace officer who is missing in the line of duty.

"Peace officer" has the meaning ascribed to it in Section 2-13 of the Criminal Code of 2012.

(b) There is established a statewide alert system known as "Blue Alert" which shall be developed and implemented by the Director.

(c) The "Blue Alert" system may be activated when a suspect for a crime involving the death or serious injury of a peace officer has not been apprehended and law enforcement personnel have determined that the suspect may be a serious threat to the public and also when a peace officer becomes missing while in the line of duty under circumstances warranting concern for the peace officer's safety.

(d)(1) The Director is the statewide coordinator of the alert system.

(2) The Director shall adopt rules and issue directives as necessary to ensure proper implementation of the alert system. The rules and directives shall include instructions on the procedures for activating and deactivating the alert system.

(3) The Director shall prescribe forms for use by local law enforcement agencies in requesting activation of the alert system.

(4) The Department shall recruit public and commercial television, radio, cable, print, and other media, private commercial entities, State or local governmental entities, the public, and other appropriate persons to assist in developing and implementing the alert system.

(5) The Department may enter into agreements with participants in the alert system to provide necessary support for the alert system.

(6) A State agency participating in the alert system shall:

(A) cooperate with the Department and assist in developing and implementing the alert system;

(B) establish a plan for providing relevant information to its officers, investigators, or employees, as appropriate, once the alert system has been activated; and

(C) utilize a rapid response telephone system that alerts residents in a targeted area.

(7) The Department of the Lottery is directed to develop a method of notifying its vendors within an alert area of an alert in a manner designed to disseminate alert information to customers of retail establishments that sell lottery tickets.

(e) Upon notification by a law enforcement agency that a suspect in a case involving the death or serious injury of a peace officer has not been apprehended and may be a serious threat to the public, the Director shall activate the "Blue Alert" system and notify appropriate participants in the "Blue Alert" system, as established by rule, if:

(1) a law enforcement agency believes that a suspect has not been apprehended;

(2) a law enforcement agency believes that the suspect may be a serious threat to the public; and

(3) sufficient information is available to disseminate to the public that could assist in locating the suspect.

The area of the alert may be less than statewide if the Director determines that the nature of the event makes it probable that the suspect did not leave a certain geographic location.

(f) Upon notification by a law enforcement agency that a peace officer is missing while in the line of duty under circumstances warranting concern for the peace officer's safety, the Director shall activate the "Blue Alert" system and notify appropriate participants in the "Blue Alert" system if sufficient information is available to disseminate to the public that could assist in locating the missing peace officer. The area of the alert may be less than statewide if the Director determines that the nature of the event makes it probable that the officer is within a certain geographic location.

(g) Before requesting activation of the "Blue Alert" system, a law enforcement agency shall verify that the criteria described by subsection (e) or (f) of this Section have been satisfied. The law enforcement agency shall assess the appropriate boundaries of the alert based on the nature of the suspect and the circumstances surrounding the crime or the last known location of the missing peace officer.

(h) The Director shall terminate any activation of the "Blue Alert" system with respect to a particular incident if:

(1) the suspect or peace officer is located or the incident is otherwise resolved; or

(2) the Director determines that the "Blue Alert" system is no longer an effective tool for locating the suspect or peace officer.

Law enforcement agencies shall notify the Director immediately when the suspect is located and in custody or the peace officer is found.

(i) Any entity or person involved in the dissemination of a "Blue Alert" generated under this Section is not liable for any civil damages arising from that dissemination.