SECOND REGULAR SESSION

HOUSE BILL NO. 1750

96TH GENERAL ASSEMBLY


 

 

INTRODUCED BY REPRESENTATIVES WEBBER (Sponsor), STILL, QUINN, KELLY (24) AND JONES (117) (Co-sponsors).

5873L.01I                                                                                                                                                  D. ADAM CRUMBLISS, Chief Clerk


 

AN ACT

To repeal section 650.120, RSMo, and to enact in lieu thereof one new section relating to the multijurisdictional internet cyber crime law enforcement task force, with an emergency clause.




Be it enacted by the General Assembly of the state of Missouri, as follows:


            Section A. Section 650.120, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 650.120, to read as follows:

            650.120. 1. There is hereby created in the state treasury the "Cyber Crime Investigation Fund". The treasurer shall be custodian of the fund and may approve disbursements from the fund in accordance with sections 30.170 and 30.180. Beginning with the 2010 fiscal year and in each subsequent fiscal year, the general assembly shall appropriate three million dollars to the cyber crime investigation fund. The department of public safety shall be the administrator of the fund. Moneys in the fund shall be used solely for the administration of the grant program established under this section. Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund. The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund.

            2. The department of public safety shall create a program to distribute grants to multijurisdictional Internet cyber crime law enforcement task forces, multijurisdictional enforcement groups, as defined in section 195.503, that are investigating Internet sex crimes against children, and other law enforcement agencies. The program shall be funded by the cyber crime investigation fund created under subsection 1 of this section. Not more than three percent of the money in the fund may be used by the department to pay the administrative costs of the grant program. The grants shall be awarded and used to pay the salaries of detectives and computer forensic personnel whose focus is investigating Internet sex crimes against children, including but not limited to enticement of a child, possession or promotion of child pornography, provide funding for the training of law enforcement personnel and prosecuting and circuit attorneys as well as their assistant prosecuting and circuit attorneys, and purchase necessary equipment, supplies, and services. The funding for such training may be used to cover the travel expenses of those persons participating.

            3. A panel is hereby established in the department of public safety to award grants under this program and shall be comprised of the following members:

            (1) The director of the department of public safety, or his or her designee;

            (2) Two members [shall be] appointed by the director of the department of public safety from a list of six nominees submitted by the Missouri Police Chiefs Association;

            (3) Two members [shall be] appointed by the director of the department of public safety from a list of six nominees submitted by the Missouri Sheriffs' Association;

            (4) Two members of the state highway patrol [shall be] appointed by the director of the department of public safety from a list of six nominees submitted by the Missouri State Troopers Association;

            (5) One member of the house of representatives [who shall be] appointed by the speaker of the house of representatives; and

            (6) One member of the senate [who shall be] appointed by the president pro tem.

 

The panel members who are appointed under subdivisions (2), (3), and (4) of this subsection shall serve a four-year term ending four years from the date of expiration of the term for which his or her predecessor was appointed. However, a person appointed to fill a vacancy prior to the expiration of such a term shall be appointed for the remainder of the term. Such members shall hold office for the term of his or her appointment and until a successor is appointed. The members of the panel shall receive no additional compensation but shall be eligible for reimbursement for mileage directly related to the performance of panel duties.

            4. Local matching amounts, which may include new or existing funds or in-kind resources including but not limited to equipment or personnel, are required for multijurisdictional Internet cyber crime law enforcement task forces and other law enforcement agencies to receive grants awarded by the panel. Such amounts shall be determined by the state appropriations process or by the panel.

            5. When awarding grants, priority should be given to newly hired detectives and computer forensic personnel.

            6. The panel shall establish minimum training standards for detectives and computer forensic personnel participating in the grant program established in subsection 2 of this section.             7. Multijurisdictional Internet cyber crime law enforcement task forces and other law enforcement agencies participating in the grant program established in subsection 2 of this section shall share information and cooperate with the highway patrol and with existing Internet crimes against children task force programs.

            8. The panel may make recommendations to the general assembly regarding the need for additional resources or appropriations.

            9. The power of arrest of any peace officer who is duly authorized as a member of a multijurisdictional Internet cyber crime law enforcement task force shall only be exercised during the time such peace officer is an active member of such task force and only within the scope of the investigation on which the task force is working. Notwithstanding other provisions of law to the contrary, such task force officer shall have the power of arrest, as limited in this subsection, anywhere in the state and shall provide prior notification to the chief of police of a municipality or the sheriff of the county in which the arrest is to take place. If exigent circumstances exist, such arrest may be made and notification shall be made to the chief of police or sheriff as appropriate and as soon as practical. The chief of police or sheriff may elect to work with the multijurisdictional Internet cyber crime law enforcement task force at his or her option when such task force is operating within the jurisdiction of such chief of police or sheriff.

            10. Under section 23.253 of the Missouri sunset act:

            (1) The provisions of the new program authorized under this section shall sunset automatically six years after [June 5, 2006] the effective date of this section, unless reauthorized by an act of the general assembly; and

            (2) If such program is reauthorized, the program authorized under this section shall sunset automatically twelve years after the effective date of the reauthorization of this section; and

            (3) This section shall terminate on September first of the calendar year immediately following the calendar year in which the program authorized under this section is sunset.

            Section B. Because immediate action is necessary to ensure the uninterrupted investigation of cyber crimes in this state, this act is deemed necessary for the immediate preservation of the public health, welfare, peace, and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and this act shall be in full force and effect upon its passage and approval.