§ 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.

History of Section. (P.L. 2011, ch. 343, § 1; P.L. 2011, ch. 377, § 1.)