Senate File 526 - ReprintedA Bill ForAn Act 1creating a blue alert program within the department of
2public safety for the apprehension of a person suspected of
3killing or seriously injuring a peace officer in the line of
4duty or due to safety concerns for a peace officer missing
5while on duty.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  NEW SECTION.  80H.1  Definitions.
   2As used in this chapter, the following definitions apply:
   31.  “Department” means the department of public safety.
   42.  “Law enforcement agency” means a law enforcement agency
5with jurisdiction over the search for a suspect in a case
6involving the death or serious injury of a peace officer in
7the line of duty, or a law enforcement agency employing a
8peace officer who is reported missing while on duty under
9circumstances warranting concern for the peace officer’s
10safety.
   113.  “Peace officer” means the same as defined in section
12801.4.
13   Sec. 2.  NEW SECTION.  80H.2  Blue alert program — creation.
   14A blue alert program is created as a cooperative effort
15between the department and local law enforcement agencies to
16aid in the search for a suspect of a crime involving the death
17or serious injury of a peace officer in the line of duty or a
18peace officer who is missing while on duty under circumstances
19warranting concern for the peace officer’s safety.
20   Sec. 3.  NEW SECTION.  80H.3  Criteria — blue alert.
   211.  Upon notification by a law enforcement agency that a
22suspect in a case involving the death or serious injury of a
23peace officer in the line of duty has not been apprehended and
24may be a serious threat to the public, the department of public
25safety communications center shall activate a blue alert and
26notify appropriate participants in the blue alert program,
27as established by department rule, if all of the following
28criteria apply:
   29a.  A law enforcement agency believes that the suspect has
30not been apprehended.
   31b.  A law enforcement agency believes that the suspect may be
32a serious threat to the public.
   33c.  Sufficient descriptive information is available to
34disseminate to the public that could assist in locating the
35suspect.
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   12.  Upon notification by a law enforcement agency that a
2peace officer is missing while on duty under circumstances
3warranting concern for the peace officer’s safety, the
4department of public safety communications center shall
5activate a blue alert and notify appropriate participants in
6the blue alert program, as established by department rule, if
7sufficient descriptive information is available to disseminate
8to the public that could assist in locating the missing peace
9officer.
   103.  The department of public safety communications center
11shall not release any information about the identity of a peace
12officer in a case involving the death or serious injury of the
13peace officer who is the subject of a blue alert.
   144.  If a blue alert is issued because a peace officer
15is missing while on duty, the department of public safety
16communications center shall defer to the investigating law
17enforcement agency about the nature and limits of the officer
18information to be made public.
19   Sec. 4.  NEW SECTION.  80H.4  Activation and termination.
   201.  Upon establishment of the blue alert criteria in section
2180H.3, the department shall transmit a blue alert through the
22emergency alert system to Iowa broadcasters.
   232.  Upon the transmission of a blue alert, the department
24shall post the alert on an internet website accessible by the
25public.
   263.  After an initial blue alert transmission, additional
27information may be submitted by the participating law
28enforcement agency by facsimile transmission, electronic mail,
29or telephonic means.
   304.  The bureau chief of the department of public safety
31communications bureau may direct the transmission of an Iowa
32blue alert upon request from another state, provided that there
33is evidence the suspect may be present in Iowa.
   345.  The blue alert transmission may be directed to a specific
35geographic location within the state if the department of
-2-1public safety communications center determines that the nature
2of the event makes it probable that the suspect or peace
3officer did not leave a certain geographic location of the
4state.
   56.  A blue alert shall terminate if any of the following
6occur:
   7a.  The suspect or peace officer is located.
   8b.  The department determines that the blue alert is no
9longer an effective tool for locating the suspect or peace
10officer.
   11c.  Five hours have elapsed since the transmission of the
12blue alert.
   137.  A blue alert may be renewed.
   148.  Law enforcement agencies shall notify the department
15immediately upon taking a suspect into custody or upon locating
16the missing peace officer.
17   Sec. 5.  NEW SECTION.  80H.5  Liability.
   18No entity or individual shall be liable for any civil damages
19arising from the activation or termination of a blue alert,
20provided the entity or individual acts reasonably and in good
21faith.
22   Sec. 6.  NEW SECTION.  80H.6  Rules.
   23The department shall adopt rules pursuant to chapter 17A to
24implement this chapter.
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