Chapter 343

2011 -- S 1080

Enacted 07/13/11

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- STATE POLICE

Introduced By: Senator James E. Doyle

Date Introduced: June 27, 2011

It is enacted by the General Assembly as follows:

SECTION 1. Chapter 42-28 of the General Laws entitled "State Police" is hereby

amended by adding thereto the following sections:

42-28-3.5. Blue Alert system. – (a) There is established a state-wide alert system known

as "Blue Alert" which shall be developed and implemented by the division of state police.

(b) As used in this section, the term:

(1) "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;

(2) "Peace officer" means a person who is certified to exercise the powers of arrest.

(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 such peace officer's safety.

(d) 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, or that a police officer is missing in the line of duty under circumstances warranting

concern for such peace officer’s safety, the division 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, or the missing peace officer. The area of the alert may be less than statewide

if the division determines that the nature of the event makes it probable that the suspect did not

leave a certain geographic location.

(e) Before requesting activation of the "Blue Alert" system, a law enforcement agency

shall verify that the criteria described in subsection (d) of this section has 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.

(f) The division shall terminate the "Blue Alert" with respect to a particular incident if:

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

(2) The division 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 division

immediately when the suspect is located and in custody or the peace officer is found.

(i) Any entity or individual involved in the dissemination of a "Blue Alert" generated

pursuant to this section shall not be liable for any civil damages arising from such dissemination.

42-28-3.6. Blue Alert procedures for protocol and implementation. – The division of

state police shall establish protocols and procedures to implement a "Blue Alert." The protocols

and procedures shall be updated as may be necessary in consultation with the entities and

agencies involved in the "Blue Alert" process to provide effective and efficient procedures to

assist law enforcement agencies, broadcast media and other cooperating agencies or entities in

carrying out the provisions of the “Blue Alert” system.

SECTION 2. This act shall take effect on July 1, 2011.

=======

LC02977

=======