Senate File 526 - Introduced SENATE FILE 526 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1167) A BILL FOR An Act creating a blue alert program within the department of 1 public safety for the apprehension of a person suspected of 2 killing or seriously injuring a peace officer in the line of 3 duty or due to safety concerns for a peace officer missing 4 while on duty. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 2307SV (1) 88 as/rh

S.F. 526 Section 1. NEW SECTION . 80H.1 Definitions. 1 As used in this chapter, the following definitions apply: 2 1. “Department” means the department of public safety. 3 2. “Law enforcement agency” means a law enforcement agency 4 with jurisdiction over the search for a suspect in a case 5 involving the death or serious injury of a peace officer in 6 the line of duty, or a law enforcement agency employing a 7 peace officer who is reported missing while on duty under 8 circumstances warranting concern for the peace officer’s 9 safety. 10 3. “Peace officer” means the same as defined in section 11 801.4. 12 Sec. 2. NEW SECTION . 80H.2 Blue alert program —— creation. 13 A blue alert program is created as a cooperative effort 14 between the department and local law enforcement agencies to 15 aid in the search for a suspect of a crime involving the death 16 or serious injury of a peace officer in the line of duty or a 17 peace officer who is missing while on duty under circumstances 18 warranting concern for the peace officer’s safety. 19 Sec. 3. NEW SECTION . 80H.3 Criteria —— blue alert. 20 1. Upon notification by a law enforcement agency that a 21 suspect in a case involving the death or serious injury of a 22 peace officer in the line of duty has not been apprehended 23 and may be a serious threat to the public, the Iowa state 24 patrol communications center shall activate a blue alert and 25 notify appropriate participants in the blue alert program, 26 as established by department rule, if all of the following 27 criteria apply: 28 a. A law enforcement agency believes that the suspect has 29 not been apprehended. 30 b. A law enforcement agency believes that the suspect may be 31 a serious threat to the public. 32 c. Sufficient descriptive information is available to 33 disseminate to the public that could assist in locating the 34 suspect. 35 -1- LSB 2307SV (1) 88 as/rh 1/ 5

S.F. 526 2. Upon notification by a law enforcement agency that a 1 peace officer is missing while on duty under circumstances 2 warranting concern for the peace officer’s safety, the Iowa 3 state patrol communications center shall activate a blue alert 4 and notify appropriate participants in the blue alert program, 5 as established by department rule, if sufficient descriptive 6 information is available to disseminate to the public that 7 could assist in locating the missing peace officer. 8 3. The Iowa state patrol communications center shall not 9 release any information about the identity of a peace officer 10 in a case involving the death or serious injury of the peace 11 officer who is the subject of a blue alert. 12 4. If a blue alert is issued because a peace officer is 13 missing while on duty, the Iowa state patrol communications 14 center shall defer to the investigating law enforcement agency 15 about the nature and limits of the officer information to be 16 made public. 17 Sec. 4. NEW SECTION . 80H.4 Activation and termination. 18 1. Upon establishment of the blue alert criteria in section 19 80H.3, the department shall transmit a blue alert through the 20 emergency alert system to Iowa broadcasters. 21 2. Upon the transmission of a blue alert, the department 22 shall post the alert on an internet website accessible by the 23 public. 24 3. After an initial blue alert transmission, additional 25 information may be submitted by the participating law 26 enforcement agency by facsimile transmission, electronic mail, 27 or telephonic means. 28 4. The communications officer of the state patrol may 29 direct the transmission of an Iowa blue alert upon request from 30 another state, provided that there is evidence the suspect may 31 be present in Iowa. 32 5. The blue alert transmission may be directed to a specific 33 geographic location within the state if the Iowa state patrol 34 communications center determines that the nature of the event 35 -2- LSB 2307SV (1) 88 as/rh 2/ 5

S.F. 526 makes it probable that the suspect or peace officer did not 1 leave a certain geographic location of the state. 2 6. A blue alert shall terminate if any of the following 3 occur: 4 a. The suspect or peace officer is located. 5 b. The department determines that the blue alert is no 6 longer an effective tool for locating the suspect or peace 7 officer. 8 c. Five hours have elapsed since the transmission of the 9 blue alert. 10 7. A blue alert may be renewed. 11 8. Law enforcement agencies shall notify the department 12 immediately upon taking a suspect into custody or upon locating 13 the missing peace officer. 14 Sec. 5. NEW SECTION . 80H.5 Liability. 15 No entity or individual shall be liable for any civil damages 16 arising from the activation or termination of a blue alert. 17 Sec. 6. NEW SECTION . 80H.6 Rules. 18 The department shall adopt rules pursuant to chapter 17A to 19 implement this chapter. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill creates a blue alert program within the department 24 of public safety. 25 The bill provides that the purpose of a blue alert program 26 is to aid in the apprehension of a person suspected of killing 27 or seriously injuring a peace officer in the line of duty or a 28 peace officer who is missing while on duty under circumstances 29 warranting concern for the peace officer’s safety. 30 The bill defines “department” to mean the department 31 of public safety, “law enforcement agency” to mean a law 32 enforcement agency with jurisdiction over the search for a 33 suspect in a case involving the death or serious injury of a 34 peace officer in the line of duty, or a law enforcement agency 35 -3- LSB 2307SV (1) 88 as/rh 3/ 5

S.F. 526 employing a peace officer who is reported missing while on duty 1 under circumstances warranting concern for the peace officer’s 2 safety, and “peace officer” to mean the same as defined in Code 3 section 801.4. 4 The bill provides that upon notification by a law 5 enforcement agency that a suspect in a case involving the 6 death or serious injury of a peace officer in the line of 7 duty has not been apprehended and may be a serious threat to 8 the public, the Iowa state patrol communications center shall 9 activate a blue alert if all of the following criteria apply: 10 a law enforcement agency believes that the suspect has not 11 been apprehended; a law enforcement agency believes that the 12 suspect may be a serious threat to the public; and sufficient 13 descriptive information is available to disseminate to the 14 public that could assist in locating the suspect. 15 The bill provides that upon notification by a law 16 enforcement agency that a peace officer is missing while on 17 duty under circumstances warranting concern for the peace 18 officer’s safety, the Iowa state patrol communications 19 center shall activate a blue alert if sufficient descriptive 20 information is available to disseminate to the public that 21 could assist in locating the missing peace officer. 22 The bill provides that the Iowa state patrol communications 23 center shall not release any information about the identity of 24 a peace officer in a case involving the death or serious injury 25 of the peace officer who is the subject of a blue alert. If the 26 blue alert is issued because the peace officer is missing while 27 on duty, the Iowa state patrol communications center shall 28 defer to the investigating law enforcement agency about the 29 nature and limits of the officer information to be made public. 30 If the criteria for issuing a blue alert have been 31 established, the department of public safety shall transmit 32 a blue alert through the emergency alert system to Iowa 33 broadcasters. Upon the transmission of the blue alert, the 34 department shall also post the alert on an internet website 35 -4- LSB 2307SV (1) 88 as/rh 4/ 5

S.F. 526 accessible by the public. After an initial blue alert 1 transmission, additional information may be submitted by the 2 participating law enforcement agency. The communications 3 officer of the state patrol may direct the transmission of a 4 blue alert upon request from another state if there is evidence 5 that the suspect may be present in Iowa. The area of the blue 6 alert transmission may be directed to a specific location if 7 the Iowa state patrol communications center determines that the 8 nature of the event makes it probable that the suspect did not 9 leave a certain geographic location of the state. 10 The bill provides that a blue alert shall be terminated 11 when the suspect or peace officer is located, the department 12 determines that the blue alert is no longer an effective tool 13 for locating the suspect or peace officer, or five hours have 14 elapsed since the transmission of the blue alert. 15 The bill also provides that a blue alert may be renewed and 16 no entity or individual shall be civilly liable for damages 17 arising from the activation or termination of a blue alert. 18 -5- LSB 2307SV (1) 88 as/rh 5/ 5