| 1 | 1 | | |
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| 2 | 2 | | FIRST REGULAR SESSION |
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| 3 | 3 | | SENATE BILL NO. 583 |
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| 4 | 4 | | 103RD GENERAL ASSEMBLY |
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| 5 | 5 | | INTRODUCED BY SENATOR GREGORY (15). |
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| 6 | 6 | | 1995S.02I KRISTINA MARTIN, Secretary |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | To repeal section 43.505, RSMo, and to enact in lieu thereof one new section relating to collecting |
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| 9 | 9 | | the immigration status of criminal offenders. |
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| 10 | 10 | | |
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| 11 | 11 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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| 12 | 12 | | Section A. Section 43.505, RSMo, is repealed and one new 1 |
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| 13 | 13 | | section enacted in lieu thereof, to be known as section 43.505, 2 |
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| 14 | 14 | | to read as follows:3 |
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| 15 | 15 | | 43.505. 1. The department of public safety is hereby 1 |
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| 16 | 16 | | designated as the central repository for the collection, 2 |
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| 17 | 17 | | maintenance, analysis and reporting of crime incident 3 |
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| 18 | 18 | | activity generated by law enforcement agencies in this 4 |
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| 19 | 19 | | state. The department shall develop and operate a uniform 5 |
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| 20 | 20 | | crime reporting system that is compatible with the national 6 |
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| 21 | 21 | | uniform crime reporting system op erated by the Federal 7 |
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| 22 | 22 | | Bureau of Investigation. 8 |
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| 23 | 23 | | 2. The department of public safety shall: 9 |
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| 24 | 24 | | (1) Develop, operate and maintain an information 10 |
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| 25 | 25 | | system for the collection, storage, maintenance, analysis 11 |
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| 26 | 26 | | and retrieval of crime incident and arrest re ports from 12 |
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| 27 | 27 | | Missouri law enforcement agencies; 13 |
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| 28 | 28 | | (2) Compile the statistical data and forward such data 14 |
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| 29 | 29 | | as required to the Federal Bureau of Investigation or the 15 |
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| 30 | 30 | | appropriate Department of Justice agency in accordance with 16 |
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| 31 | 31 | | the standards and procedure s of the national system; 17 SB 583 2 |
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| 32 | 32 | | (3) Provide the forms, formats, procedures, standards 18 |
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| 33 | 33 | | and related training or training assistance to all law 19 |
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| 34 | 34 | | enforcement agencies in the state as necessary for such 20 |
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| 35 | 35 | | agencies to report incident and arrest activity for time ly 21 |
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| 36 | 36 | | inclusion into the statewide system; 22 |
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| 37 | 37 | | (4) Annually publish a report on the nature and extent 23 |
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| 38 | 38 | | of crime and submit such report to the governor and the 24 |
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| 39 | 39 | | general assembly. Such report and other statistical reports 25 |
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| 40 | 40 | | shall be made available to state a nd local law enforcement 26 |
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| 41 | 41 | | agencies and the general public through an electronic or 27 |
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| 42 | 42 | | manual medium; 28 |
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| 43 | 43 | | (5) Maintain the privacy and security of information 29 |
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| 44 | 44 | | in accordance with applicable state and federal laws, 30 |
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| 45 | 45 | | regulations and orders; and 31 |
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| 46 | 46 | | (6) Establish such rules and regulations as are 32 |
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| 47 | 47 | | necessary for implementing the provisions of this section. 33 |
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| 48 | 48 | | Any rule or portion of a rule, as that term is defined in 34 |
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| 49 | 49 | | section 536.010, that is created under the authority 35 |
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| 50 | 50 | | delegated in this section shall become ef fective only if it 36 |
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| 51 | 51 | | complies with and is subject to all of the provisions of 37 |
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| 52 | 52 | | chapter 536 and, if applicable, section 536.028. This 38 |
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| 53 | 53 | | section and chapter 536 are nonseverable and if any of the 39 |
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| 54 | 54 | | powers vested with the general assembly pursuant to chapter 40 |
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| 55 | 55 | | 536 to review, to delay the effective date or to disapprove 41 |
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| 56 | 56 | | and annul a rule are subsequently held unconstitutional, 42 |
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| 57 | 57 | | then the grant of rulemaking authority and any rule proposed 43 |
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| 58 | 58 | | or adopted after August 28, 2000, shall be invalid and void. 44 |
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| 59 | 59 | | 3. Every law enforcement agency in the state shall: 45 |
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| 60 | 60 | | (1) Submit crime incident reports to the department of 46 |
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| 61 | 61 | | public safety on forms or in the format prescribed by the 47 |
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| 62 | 62 | | department; and 48 SB 583 3 |
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| 63 | 63 | | (2) Submit any other crime incident information which 49 |
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| 64 | 64 | | may be required by the department of public safety , 50 |
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| 65 | 65 | | including information pertaining to the immigration status 51 |
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| 66 | 66 | | of any criminal offender, indicating whether the offender is 52 |
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| 67 | 67 | | a citizen of the United States, is a lawfully present 53 |
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| 68 | 68 | | immigrant, or does not possess the inform ation to show that 54 |
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| 69 | 69 | | he or she is a citizen of the United States or a lawfully 55 |
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| 70 | 70 | | present immigrant. 56 |
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| 71 | 71 | | 4. Any law enforcement agency that violates this 57 |
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| 72 | 72 | | section after December 31, 2021, may be ineligible to 58 |
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| 73 | 73 | | receive state or federal funds which would othe rwise be paid 59 |
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| 74 | 74 | | to such agency for law enforcement, safety or criminal 60 |
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| 75 | 75 | | justice purposes. 61 |
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| 76 | 76 | | |
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