McCLELLAND, DAVIS (63), FRASER, KASTEN, DOUGHERTY, OSTMANN, LAKIN,
GAW (Co-sponsors), BARRY, McLUCKIE, HILGEMANN, BRAY, SCHILLING, KENNEDY,
HAGAN-HARRELL, HOSMER, BOYKINS, BOUCHER, HOLLINGSWORTH, GAMBARO, MONACO,
RELFORD, WILLIAMS (121), SHELTON, WILSON (42), THOMPSON (72), CRAWFORD, BRITT,
GIBBONS, HAMPTON, KELLY (27), BACKER, CAMPBELL, MAYS (50), RILEY, FRANKLIN,
FITZWATER, HARLAN AND DAYS.
Read 1st time January 20, 2000, and 1000 copies ordered printed.
ANNE C. WALKER, Chief Clerk
AN ACT
To amend chapters 43 and 589, RSMo, by adding thereto five new sections relating to the reporting of crimes.
Section A. Chapters 43 and 589, RSMo, are amended by adding thereto five new sections, to be known as sections 43.505, 589.450, 589.455, 589.460 and 589.465, to read as follows:
43.505. 1. The department of public safety shall implement the statewide use of the uniform crime reporting system established by the Federal Bureau of Investigation. The director of the department shall have the power and duty to collect and gather such information from such agencies as may be prescribed in this section.
2. All state, county and municipal law enforcement agencies shall participate in the statewide uniform crime reporting system by submitting to the director of the department, at such times and on such forms as the director may prescribe, a uniform crime report concerning crimes committed within the agency's jurisdiction. Such report shall contain the number and nature of offenses committed and such other information as the superintendent shall require.
3. Upon receipt of the uniform crime reports from the reporting agencies, the department shall prepare a statewide compilation of the statistics contained in the reports, and the resulting statistical compilation shall be available to any governmental law enforcement agency in the state, the governor, the Missouri general assembly and the Federal Bureau of Investigation, upon request. The statistics made available through the uniform crime report shall be used for the purpose of studying the causes, trends and effects of crime in this state, and for intelligence upon which to base a more sound program of crime detection and prevention and the apprehension of criminals.
4. The director of the department shall apply for any federal grants and seek other financial resources that may be available to offset the cost to the state of implementing the uniform crime reporting system.
5. The director of the department of public safety may promulgate rules and regulations to implement the provisions of this section. No rule or portion of a rule promulgated pursuant to the provisions of this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo.
589.450. 1. The prosecuting attorney or the circuit attorney shall impanel a death review panel for the county or city not within a county in which he or she serves to investigate all suspicious deaths. The panel shall be formed and shall operate according to the rules, guidelines and protocols provided by the department of public safety.
2. The panel shall include, but shall not be limited to, the following:
(1) The prosecuting or circuit attorney;
(2) The coroner or medical examiner for the county or city not within a county;
(3) Law enforcement personnel in the county or city not within a county;
(4) A representative from the department of public safety;
(5) A provider of public health care services;
(6) A provider of emergency medical services.
3. The prosecuting or circuit attorney shall organize the panel and shall call the first organizational meeting of the panel. The panel shall elect a chairman who shall convene the panel to meet to review all suspicious deaths, in accordance with the rules, guidelines and protocols developed by the department of public safety. The panel shall issue a final report of each investigation to the department of public safety, state technical assistance team and to the director of the department of health. The final report shall include a completed summary report form. The form shall be developed by the director of the department of public safety in consultation with the director of the department of health. The department of health shall analyze the death review panel reports and periodically prepare epidemiological reports which describe the incidence, causes, location and other factors pertaining to such deaths.
4. The death review panel shall enjoy such official immunity as exists at common law.
589.455. 1. The director of the department of public safety, in consultation with the director of the department of health, shall promulgate rules, guidelines and protocols for death review panels established pursuant to section 589.400 and for state death review panels.
2. The director shall promulgate guidelines and protocols for coroner and medical examiners to use to help them to identify all suspicious deaths.
3. No rule or portion of a rule promulgated pursuant to the authority of sections 589.400 to 589.415 shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo.
4. All meetings conducted, all reports and records made and maintained pursuant to sections 589.400 to 589.415 by the department of public safety and department of health and its divisions, including the state technical assistance team, or other appropriate persons, officials, or state death review panel and local death review panel shall be confidential and shall not be open to the general public except for the annual report pursuant to section 589.410.
589.460. 1. The director of the department of public safety shall establish a special team which shall:
(1) Develop and implement protocols for the evaluation and review of all suspicious deaths;
(2) Provide training, expertise and assistance to county death review panels for the review of all suspicious deaths;
(3) When required and unanimously requested by the county death review panel, assist in the review and prosecution of specific deaths; and
(4) The special team may be known as the department of public safety, state technical assistance team.
2. The director of the department of public safety shall appoint regional coordinators to serve as resources to death review panels established pursuant to section 589.400.
3. The director of the department of public safety shall appoint a state death review panel which shall meet biannually to provide oversight and make recommendations to the department of public safety, state technical assistance team. The department of public safety, state technical assistance team shall gather data from local death review panels to identify systemic problems and shall submit an annual report to the governor, the speaker of the house of representatives and the president pro tempore of the senate.
589.465. 1. The director of the department of health, in consultation with the director of the department of public safety, shall promulgate rules, guidelines and protocols for hospitals and physicians to use to help them to identify suspicious deaths.
2. Except as provided in section 630.167, RSMo, any hospital, physician, medical professional, mental health
professional, or department of mental health facility shall disclose upon request all records, medical or social, of
any person who has died to the coroner or medical examiner, department of public safety representative, or public
health representative who is a member of the local death review panel established pursuant to section 589.400 to
investigate suspicious deaths.
Missouri House of Representatives