1 | 1 | | |
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2 | 2 | | EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted |
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3 | 3 | | and is intended to be omitted in the law. |
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4 | 4 | | FIRST REGULAR SESSION |
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5 | 5 | | SENATE BILL NO. 473 |
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6 | 6 | | 103RD GENERAL ASSEMBLY |
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7 | 7 | | INTRODUCED BY SENATOR SCHROER. |
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8 | 8 | | 1302S.01I KRISTINA MARTIN, Secretary |
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9 | 9 | | AN ACT |
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10 | 10 | | To repeal section 43.505, RSMo, and to enact in lieu thereof two new sections relating to reporting |
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11 | 11 | | requirements of law enforcement agencies. |
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12 | 12 | | |
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13 | 13 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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14 | 14 | | Section A. Section 43.505, RSMo, is repealed and two new 1 |
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15 | 15 | | sections enacted in lieu thereof, to be known as sections 43.505 2 |
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16 | 16 | | and 650.040, to read as fo llows:3 |
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17 | 17 | | 43.505. 1. The department of public safety is hereby 1 |
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18 | 18 | | designated as the central repository for the collection, 2 |
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19 | 19 | | maintenance, analysis and reporting of crime incident 3 |
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20 | 20 | | activity generated by law enforcement agencies in this 4 |
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21 | 21 | | state. The department shall develop and operate a uniform 5 |
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22 | 22 | | crime reporting system that is compatible with the national 6 |
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23 | 23 | | uniform crime reporting system operated by the Federal 7 |
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24 | 24 | | Bureau of Investigation. 8 |
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25 | 25 | | 2. The department of public safety shall: 9 |
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26 | 26 | | (1) Develop, operate and maintain an information 10 |
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27 | 27 | | system for the collection, storage, maintenance, analysis 11 |
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28 | 28 | | and retrieval of crime incident and arrest reports from 12 |
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29 | 29 | | Missouri law enforcement agencies; 13 |
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30 | 30 | | (2) Compile the statistical data and forward such data 14 |
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31 | 31 | | as required to the Federal Bureau of Investigation or the 15 |
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32 | 32 | | appropriate Department of Justice agency in accordance with 16 |
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33 | 33 | | the standards and procedures of the national system; 17 SB 473 2 |
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34 | 34 | | (3) Provide the forms, formats, procedures, standards 18 |
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35 | 35 | | and related training or training assistance to all law 19 |
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36 | 36 | | enforcement agencies in the state as necessary for such 20 |
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37 | 37 | | agencies to report incident and arrest activity for timely 21 |
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38 | 38 | | inclusion into the statewide system; 22 |
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39 | 39 | | (4) Annually publish a report on the nature and extent 23 |
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40 | 40 | | of crime and submit such report to the governor and the 24 |
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41 | 41 | | general assembly. Such report and other statistical reports 25 |
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42 | 42 | | shall be made available to state and local law enforcement 26 |
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43 | 43 | | agencies and the general public through an electronic or 27 |
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44 | 44 | | manual medium; 28 |
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45 | 45 | | (5) Beginning January 1, 2026, publish quarterly 29 |
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46 | 46 | | clearance rates, as defined in section 650.040, on the 30 |
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47 | 47 | | department's website by the fifteenth calendar day on the 31 |
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48 | 48 | | month following the close of the preceding quarter; 32 |
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49 | 49 | | (6) Beginning January 1, 2027, report the data 33 |
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50 | 50 | | collected pursuant to subdivision (2) of subsection 3 of 34 |
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51 | 51 | | this section to the governor, Missouri Peace Officers 35 |
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52 | 52 | | Standards and Training Commission, the chair of the 36 |
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53 | 53 | | committee on the judiciary and civil and criminal 37 |
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54 | 54 | | jurisprudence of the senate, the chair of the committee on 38 |
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55 | 55 | | crime prevention and public safety of the house of 39 |
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56 | 56 | | representatives, and the chair of the committee on the 40 |
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57 | 57 | | judiciary of the house of representatives by July 1, 2027, 41 |
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58 | 58 | | and by July first of each year thereafter. The department 42 |
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59 | 59 | | shall also make the report available to the public on the 43 |
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60 | 60 | | department's website; 44 |
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61 | 61 | | (7) Maintain the privacy and security of information 45 |
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62 | 62 | | in accordance with applicable state and federal laws, 46 |
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63 | 63 | | regulations and orders; and 47 |
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64 | 64 | | [(6)] (8) Establish such rules a nd regulations as are 48 |
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65 | 65 | | necessary for implementing the provisions of this section. 49 SB 473 3 |
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66 | 66 | | Any rule or portion of a rule, as that term is defined in 50 |
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67 | 67 | | section 536.010, that is created under the authority 51 |
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68 | 68 | | delegated in this section shall become effective only if it 52 |
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69 | 69 | | complies with and is subject to all of the provisions of 53 |
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70 | 70 | | chapter 536 and, if applicable, section 536.028. This 54 |
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71 | 71 | | section and chapter 536 are nonseverable and if any of the 55 |
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72 | 72 | | powers vested with the general assembly pursuant to chapter 56 |
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73 | 73 | | 536 to review, to delay the effective date or to disapprove 57 |
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74 | 74 | | and annul a rule are subsequently held unconstitutional, 58 |
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75 | 75 | | then the grant of rulemaking authority and any rule proposed 59 |
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76 | 76 | | or adopted after August 28, 2000, shall be invalid and void. 60 |
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77 | 77 | | 3. Every law enforcement ag ency in the state shall: 61 |
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78 | 78 | | (1) Submit crime incident reports to the department of 62 |
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79 | 79 | | public safety on forms or in the format prescribed by the 63 |
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80 | 80 | | department; and 64 |
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81 | 81 | | (2) Submit any other crime incident information which 65 |
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82 | 82 | | may be required by the department of public safety. 66 |
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83 | 83 | | (a) Beginning January 1, 2026, every law enforcement 67 |
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84 | 84 | | agency in the state shall collect data documenting case 68 |
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85 | 85 | | clearances, including information on clearance rates, as 69 |
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86 | 86 | | defined in section 650.040, for nonfatal shootings, as 70 |
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87 | 87 | | determined by the department of public safety, and report 71 |
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88 | 88 | | such data to the department on a monthly basis. 72 |
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89 | 89 | | (b) All clearance rate data collected and reported 73 |
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90 | 90 | | pursuant to this section shall be disaggregated by whether 74 |
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91 | 91 | | the offense was cleared by arrest or the offense was cleared 75 |
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92 | 92 | | by exceptional means, as defined in section 650.040, 76 |
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93 | 93 | | document the year of the offense, the demographic 77 |
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94 | 94 | | information of the victim, and detail the average duration 78 |
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95 | 95 | | per office from the date of the offense to the date of 79 |
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96 | 96 | | clearance. 80 SB 473 4 |
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97 | 97 | | 4. Any law enforcement agency that violates this 81 |
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98 | 98 | | section after December 31, 2021, may be ineligible to 82 |
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99 | 99 | | receive state or federal funds which would otherwise be paid 83 |
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100 | 100 | | to such agency for law enforcement, safety or criminal 84 |
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101 | 101 | | justice purposes. 85 |
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102 | 102 | | 650.040. 1. As used in this section, the following 1 |
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103 | 103 | | terms shall mean: 2 |
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104 | 104 | | (1) "Clearance rates", the rate at which law 3 |
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105 | 105 | | enforcement agencies clear an offense by arrest or by 4 |
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106 | 106 | | exceptional means; 5 |
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107 | 107 | | (2) "Offense cleared by an arres t", when at least one 6 |
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108 | 108 | | person has been arrested, charged with the commission of the 7 |
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109 | 109 | | offense, and turned over to the court for prosecution; 8 |
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110 | 110 | | (3) "Offense cleared by exceptional means", when the 9 |
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111 | 111 | | law enforcement agency has: 10 |
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112 | 112 | | (a) Identified the offender; 11 |
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113 | 113 | | (b) Gathered enough evidence to support an arrest, 12 |
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114 | 114 | | make a charge, and turn over the offender to the court for 13 |
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115 | 115 | | prosecution; 14 |
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116 | 116 | | (c) Identified the offender's exact location so that 15 |
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117 | 117 | | the suspect could be taken into custody immediately; and 16 |
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118 | 118 | | (d) Encountered a circumstance outside the control of 17 |
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119 | 119 | | such agency that prohibited the agency from arresting, 18 |
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120 | 120 | | charging, and prosecuting the offender. 19 |
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121 | 121 | | 2. There is hereby created the "Missouri Violent Crime 20 |
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122 | 122 | | Clearance Grant Program" within the de partment of public 21 |
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123 | 123 | | safety. This program shall be developed in consultation 22 |
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124 | 124 | | with the Missouri peace officers standards and training 23 |
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125 | 125 | | commission created pursuant to section 590.120, the office 24 |
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126 | 126 | | for victims of crime created pursuant to section 650.310, 25 |
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127 | 127 | | and the crime laboratory review commission created pursuant 26 |
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128 | 128 | | to section 650.059. 27 SB 473 5 |
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129 | 129 | | 3. The purpose of this program is to improve law 28 |
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130 | 130 | | enforcement strategies and initiatives aimed at increasing 29 |
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131 | 131 | | violent crime clearance rates. 30 |
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132 | 132 | | 4. To the extent that su ch uses can be demonstrated to 31 |
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133 | 133 | | advance the purposes described in subsection 2 of this 32 |
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134 | 134 | | section, eligible uses for the funding include: 33 |
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135 | 135 | | (1) Improved investigatory resources, including the 34 |
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136 | 136 | | hiring of personnel assigned to investigate violent crimes 35 |
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137 | 137 | | or collect, process, and test forensic evidence; 36 |
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138 | 138 | | (2) Development of evidence -based policies, 37 |
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139 | 139 | | procedures, and training; 38 |
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140 | 140 | | (3) Technical assistance; 39 |
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141 | 141 | | (4) Law enforcement equipment or technology, including 40 |
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142 | 142 | | investigative, evidence -processing, or forensic-testing 41 |
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143 | 143 | | equipment or technology; 42 |
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144 | 144 | | (5) Contractual support; 43 |
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145 | 145 | | (6) Information systems, with prioritization for 44 |
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146 | 146 | | projects that would improve data integration and the ability 45 |
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147 | 147 | | to share information across and between law enforcement 46 |
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148 | 148 | | agencies, prosecuting attorneys' offices, and crime labs; 47 |
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149 | 149 | | (7) Officer health and wellness services; 48 |
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150 | 150 | | (8) Hiring and retention of victim -witness 49 |
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151 | 151 | | coordinators; 50 |
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152 | 152 | | (9) Partnership with hospital -based violence 51 |
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153 | 153 | | intervention programs; 52 |
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154 | 154 | | (10) Partnership with accredited behavioral health 53 |
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155 | 155 | | programs; and 54 |
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156 | 156 | | (11) Partnership with local community service 55 |
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157 | 157 | | providers to improve support for victims of violent crime. 56 |
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158 | 158 | | 5. In awarding a grant under subsection 2 of this 57 |
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159 | 159 | | section for an allowable use und er subsection 3 of this 58 SB 473 6 |
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160 | 160 | | section, the department of public safety shall give priority 59 |
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161 | 161 | | to law enforcement agencies: 60 |
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162 | 162 | | (1) With consistent public reporting of low clearance 61 |
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163 | 163 | | rates; 62 |
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164 | 164 | | (2) That demonstrate a commitment to working with 63 |
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165 | 165 | | community-based organizations and government agencies to 64 |
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166 | 166 | | reduce violent crime rates; or 65 |
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167 | 167 | | (3) That detail a process for evaluating the 66 |
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168 | 168 | | effectiveness of both investigators and investigative units, 67 |
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169 | 169 | | including the development of specific goals and performance 68 |
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170 | 170 | | metrics. 69 |
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171 | 171 | | 6. All law enforcement agencies that receive funding 70 |
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172 | 172 | | under this section shall report to the department of public 71 |
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173 | 173 | | safety annually on activities carried out to reduce violent 72 |
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174 | 174 | | crime and improve clearance rates during the preceding 73 |
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175 | 175 | | fiscal year, including, but not limited to: 74 |
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176 | 176 | | (1) The number of personnel hired or assigned to 75 |
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177 | 177 | | investigate violent crimes, disaggregated between sworn law 76 |
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178 | 178 | | enforcement officers and civilian or unsworn professional 77 |
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179 | 179 | | staff; 78 |
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180 | 180 | | (2) The number of personnel hired or as signed to 79 |
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181 | 181 | | collect, process, and test forensic evidence; 80 |
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182 | 182 | | (3) The number of personnel hired or assigned to 81 |
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183 | 183 | | provide victim services; 82 |
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184 | 184 | | (4) The description of any training developed or 83 |
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185 | 185 | | implemented; 84 |
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186 | 186 | | (5) The description of any new technology p urchased or 85 |
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187 | 187 | | acquired; 86 |
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188 | 188 | | (6) How grant-funded activities have impacted 87 |
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189 | 189 | | clearance rates; 88 |
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190 | 190 | | (7) The record management system, or equivalent, used 89 |
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191 | 191 | | to collect case information and its ability to integrate 90 SB 473 7 |
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192 | 192 | | with other agencies', prosecuting attorney o ffices', and 91 |
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193 | 193 | | crime labs' record management systems; and 92 |
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194 | 194 | | (8) How the grantee worked with community -based 93 |
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195 | 195 | | organizations to improve violent crime rates and clearance 94 |
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196 | 196 | | rates for violent crimes. 95 |
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197 | 197 | | 7. Distribution of state funds or technical assistan ce 96 |
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198 | 198 | | shall be by contractual arrangement between the department 97 |
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199 | 199 | | and each recipient law enforcement agency. Terms of the 98 |
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200 | 200 | | contract shall be negotiable each year. The state auditor 99 |
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201 | 201 | | shall periodically audit all law enforcement agencies 100 |
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202 | 202 | | receiving state funds. 101 |
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203 | 203 | | 8. Nothing in this section shall prohibit any law 102 |
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204 | 204 | | enforcement agency from receiving federal or local funds 103 |
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205 | 205 | | should such funds become available. 104 |
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206 | 206 | | 9. No state funds shall be expended unless 105 |
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207 | 207 | | appropriated by the general assembly for this purpo se. 106 |
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