Email WV Code

Email: Chapter 15, Article 3C, Section 3

§15-3C-3. Establishment of "Blue Alert" program.

(a) The Superintendent of the West Virginia State Police shall establish a Blue Alert program authorizing the broadcast media, upon notice from the West Virginia State Police, to broadcast an alert to inform the public of a law-enforcement officer who is missing in the line of duty or a suspect or suspects who kill or inflict a life-threatening injury upon a law- enforcement officer, subject to the criteria established in §15-3C-4 of this code. The program shall be a voluntary, cooperative effort between state law enforcement and the broadcast media.

(b) As used in this article:

(1) "Blue Alert" means an alert issued by the West Virginia State Police pursuant to the provisions of this article.

(2) "Law-enforcement officer" means:

(i) Those persons defined as a chief executive pursuant to §30-29-1(2) of this code;

(ii) Those persons defined as a law-enforcement officer pursuant to §30-29-1(6) of this code;

(iii) Those persons defined as a law-enforcement official pursuant to §30-29-1(7) of this code;

(iv) A federal official who is authorized to carry a firearm and make arrests for violations of federal law; and

(v) A state officer or state correctional employee who is authorized to carry a firearm and make arrests for violations of state law.

(3) "Secretary" means the Secretary of the Department of Military Affairs and Public Safety.

(4) "Suspect" or "Suspects" means an individual or individuals who have killed or inflicted a life-threatening injury upon a law-enforcement officer and who remain at large.

(c) The Superintendent shall notify the broadcast media serving the State of West Virginia of the establishment of Blue Alert program and invite their voluntary participation.

(d) The Superintendent shall submit a plan to the Joint Committee on Government and Finance no later than December 1, 2019. The plan shall include Blue Alert activation protocols, coordination and utilization of established programs to facilitate the apprehension of a person or persons who kill or inflict life-threatening injuries upon law-enforcement officers, and analysis of any costs. The Superintendent shall also make recommendations for any additional legislation or actions necessary to further facilitate the implementation of the "Blue Alert" program.

(e) A Blue Alert shall include:

(i) All appropriate information that the reporting law-enforcement agency has that may assist in the location of a missing law-enforcement officer or apprehension of a suspect or suspects;

(ii) A statement instructing anyone with information related to the killing or injuring of the law-enforcement officer to contact his or her local law-enforcement agency;

(iii) A warning that the suspect or suspects are dangerous and that members of the public should not attempt to apprehend the suspect or suspects themselves.