35-3-190. Alert system for dangerous murder or rape suspects; development and implementation; termination of an alert; immunity.

There is established a state-wide alert system known as “Kimberly’s Call.”#

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.#

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.#

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.#

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. (1)

   A local law enforcement agency believes that a suspect has not been apprehended;#

2. (2)

   A local law enforcement agency believes that the suspect may be a serious threat to the public; and#

3. (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.#

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.#

The director shall terminate any activation of the alert system with respect to a particular suspect if:#

1. (1)

   The suspect is located or the incident is otherwise resolved; or#

2. (2)

   The director determines that the alert system is no longer an effective tool for locating the suspect.#

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.#