Verification that criteria for activation have been met

Before requesting activation of the alert system, a law enforcement agency shall verify that the criteria described by subsection (a) of Code Section 35-3-176 have been satisfied. The law enforcement agency shall assess the appropriate boundaries of the alert, based on the nature of the disabled adult or medically endangered person and the circumstances surrounding the disappearance. On verification of the criteria, the law enforcement agency shall immediately contact the bureau to request activation and shall supply the necessary information on the forms prescribed by the director. History. — Code 1981, § 38-3-116, enacted by Ga. L. 2006, p. 539, § 1/HB 728; Ga. L. 2007, p. 47, § 38/SB 103; Code 1981, § 35-3-177, as redesignated by Ga. L. 2008, p. 233, § 1/SB 202; Ga. L. 2014, p. 704, § 3/SB 23. Editor’s notes. — Ga. L. 2014, p. 704, § 1/SB 23, not codified by the General Assembly, provides that: ‘‘This Act shall be known and may be cited as the ‘Stacey Nicole English Act.’ ’’ 35-3-178. Obligations of agencies participating in alert system; participation of Georgia Lottery Corporation in disseminating alert information through retail establishments. (a) A state agency participating in the alert system shall: (1) Cooperate with the bureau and assist in developing and implementing the alert system; (2) Establish a plan for providing relevant information to its officers, investigators, or employees, as appropriate, once the alert system has been activated; and (3) Utilize a rapid response telephone system that alerts residents in a targeted area. (b) The Georgia Lottery Corporation is directed to develop a method of notifying its vendors within an alert area of an alert in a manner designed to disseminate alert information to customers at its retail locations. History. — Code 1981, § 38-3-117, enacted by Ga. L. 2006, p. 539, § 1/HB 728; Ga. L. 2007, p. 47, § 38/SB 103; Code 1981, § 35-3-178, as redesignated by Ga. L. 2008, p. 233, § 1/SB 202; Ga. L. 2014, p. 704, § 3/SB 23. 171 Editor’s notes. — Ga. L. 2014, p. 704, § 1/SB 23, not codified by the General Assembly, provides that: ‘‘This Act shall be T.35, C.3 known and may be cited as the ‘Stacey Nicole English Act.’ ’’ 35-3-179. Termination of alert system with respect to particular disabled adult or medically endangered person. The director shall terminate any activation of the alert system with respect to a particular disabled adult or medically endangered person if: (1) The person is located or the disappearance is otherwise resolved; or (2) The director determines that the alert system is no longer an effective tool for locating and recovering the disabled adult or medically endangered person. History. — Code 1981, § 38-3-118, enacted by Ga. L. 2006, p. 539, § 1/HB 728; Ga. L. 2007, p. 47, § 38/SB 103; Code 1981, § 35-3-179, as redesignated by Ga. L. 2008, p. 233, § 1/SB 202; Ga. L. 2014, p. 704, § 3/SB 23. Editor’s notes. — Ga. L. 2014, p. 704, § 1/SB 23, not codified by the General Assembly, provides that: ‘‘This Act shall be known and may be cited as the ‘Stacey Nicole English Act.’ ’’ 35-3-180. Immunity from civil damages for dissemination of alert information. (a) Any entity or individual participating in the ‘‘Mattie’s call’’ alert system pursuant to this article shall not be liable for any civil damages arising from the dissemination of any alert generated pursuant to the ‘‘Mattie’s call’’ alert system. (b) Nothing in this article shall be construed to limit or restrict in any way any legal protection an individual or entity may have under any other law for disseminating any information. History. — Code 1981, § 38-3-119, enacted by Ga. L. 2006, p. 539, § 1/HB 728; Code 1981, § 35-3-180, as redesignated by Ga. L. 2008, p. 233, § 1/SB 202; Ga. L. 2014, p. 704, § 3/SB 23. Editor’s notes. — Ga. L. 2014, p. 704, § 1/SB 23, not codified by the General Assembly, provides that: ‘‘This Act shall be known and may be cited as the ‘Stacey Nicole English Act.’ ’’ ARTICLE 8 ALERT SYSTEMS FOR UNAPPREHENDED SUSPECTS Editor’s notes. — Ga. L. 2008, p. 233, § 1/SB 202 redesignated former Article 8 of Chapter 3 of Title 38 as Article 8 of Chapter 3 of Title 35. 172 35-3-190 35-3-190. State-wide alert system for unapprehended murder or rape suspects determined to be serious public threats. (a) There is established a state-wide alert system known as ‘‘Kimberly’s Call.’’ (b) As used in this article, the term ‘‘local law enforcement agency’’ means a local law enforcement agency with jurisdiction over the search for a suspect in a case of murder or rape. (c) The director shall develop and implement a state-wide alert system to be activated when a suspect for the crime of murder, felony murder, or murder in the second degree as defined in Code Section 16-5-1 or rape as defined in Code Section 16-6-1 has not been apprehended and law enforcement personnel have determined that the suspect may be a serious threat to the public. (d) The provisions of Code Sections 35-3-173, 35-3-175, and 35-3-178 shall also apply to ‘‘Kimberly’s Call’’ as set forth in this Code section. (e) On notification by a local law enforcement agency that a suspect in a case of murder or rape has not been apprehended and may be a serious threat to the public, the director shall activate the alert system and notify appropriate participants in the alert system, as established by rule, if: (1) A local law enforcement agency believes that a suspect has not been apprehended; (2) A local 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. (f ) 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. (g) Before requesting activation of the alert system, a local law enforcement agency must verify that the criteria described by subsection (e) of this Code section have been satisfied. The local law enforcement agency shall assess the appropriate boundaries of the alert based on the nature of the suspect and the circumstances surrounding the crime. (h) The director shall terminate any activation of the alert system with respect to a particular suspect if: (1) The suspect is located or the incident is otherwise resolved; or (2) The director determines that the alert system is no longer an effective tool for locating the suspect. 173 35-3-191 (i) Any entity or individual participating in the ‘‘Kimberly’s Call’’ alert system pursuant to this Code section shall not be liable for any civil damages arising from the dissemination of any alert generated pursuant to the ‘‘Kimberly’s Call’’ alert system. History. — Code 1981, § 38-3-120, enacted by Ga. L. 2006, p. 539, § 1/HB 728; Code 1981, § 38-3-130, as redesignated by Ga. L. 2007, p. 47, § 38/SB 103; Code 1981, § 35-3-190, as redesignated by Ga. L. 2008, p. 233, § 1/SB 202; Ga. L. 2014, p. 444, § 2-10/HB 271.