§ 35-3-191 - State-wide alert system for suspects of crimes involving death or serious injury of peace officer; alert system for missing peace officer
O.C.G.A. 35-3-191 (2010)
35-3-191. State-wide alert system for suspects of crimes involving death or serious injury of peace officer; alert system for missing peace officer
(a) There is established a state-wide alert system known as "Blue Alert" which shall be developed and implemented by the director.
(b) As used in this Code 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) The provisions of Code Sections 35-3-173, 35-3-175, and 35-3-178 shall also apply to "Blue Alert" as set forth in this Code section.
(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 state wide 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 such 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 state wide 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 Code 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 individual involved in the dissemination of a "Blue Alert" generated pursuant to this Code section shall not be liable for any civil damages arising from such dissemination.