SB 1652

                                SECOND REGULAR SESSION
                         HOUSE COMMITTEE SUBSTITUTE FOR
                                 SENATE SUBSTITUTE FOR
                         SENATE COMMITTEE SUBSTITUTE FOR
                  SENATE BILL NO. 1652
                          103RD GENERAL ASSEMBLY
7082H.05C  JOSEPH ENGLER, Chief Clerk
                                           AN ACT
To amend chapters 210 and 595, RSMo, by adding thereto two new sections relating to a
      newly created office within the department of public safety, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
       Section A. Chapters 210 and 595, RSMo, are amended by adding thereto two new
2 sections, to be known as sections 210.1017 and 595.326, to read as follows:
       210.1017. 1. There is hereby created a statewide program called the "Phoenix
2 Alert System" referred to in this section as the "system" to aid in the identification and
3 location of abducted or missing African American women and girls.
42. For the purposes of this section, "abducted or missing African American
5 women and girls" means an African American woman or girl whose whereabouts are
6 unknown and who is:
7(1) Reasonably believed to be the victim of the offense of kidnapping as defined
8 by section 565.110, 565.120, or 565.130 as determined by local law enforcement;
9(2) Reasonably believed to be the victim of the offense of child kidnapping as
10 defined by section 565.115 as determined by local law enforcement;
11(3) Reasonably believed to be a victim of parental kidnapping as defined by
12 section 565.153 as determined by local law enforcement; or
13(4) Reasonably believed to be a victim of an offense of trafficking pursuant to
14 sections 566.206, 566.209, 566.210, or 566.211.
153. The department of public safety shall develop regions to provide the system.
16 The office of missing and murdered African American women and girls and department
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.
HCS SS SCS SB 1652  2
17 of public safety shall coordinate local law enforcement agencies and public commercial
18 television and radio broadcasters to provide an effective system. In the event that a
19 local law enforcement agency opts not to set up a system and an abduction occurs within
20 the jurisdiction, it shall notify the office of missing and murdered African American
21 women and girls who shall notify local media in the region.
224. All regions shall be notified within one hour of receipt of a report of a missing
23 or murdered African American woman or girl. Each region shall immediately
24 disseminate notifications to law enforcement and media outlets within the regions.
255. The Phoenix alert system shall include all state agencies capable of providing
26 urgent and timely information to the public together with broadcasters and other
27 private entities that volunteer to participate in the dissemination of urgent public
28 information. At a minimum, the Phoenix alert system shall include the office of missing
29 and murdered African American women and girls, department of public safety,
30 highway patrol, department of transportation, department of health and senior services,
31 and Missouri lottery commission.
326. Participation in the Phoenix alert system is at the option of local law
33 enforcement agencies and federally licensed radio and television broadcasters.
347. The department of public safety shall update notifications sent under this
35 section whenever new information becomes available, and every month for the first year
36 after the initial notification. One year after the first notification, the department shall
37 make updates every three months.
388. Any person who knowingly makes a false report that triggers an alert
39 pursuant to this section is guilty of a class A misdemeanor.
        595.326. 1. The director of the department of public safety shall establish and
2 maintain an office within the Missouri department of public safety dedicated to
3 preventing and ending the targeting of African American women and girls.
42. (1) The director shall appoint an executive director for the office who is a
5 person closely connected to the African American community and who is highly
6 knowledgeable about criminal investigations. The director is encouraged to consider
7 candidates for appointment who are recommended by members of the African
8 American community. The director shall hire a qualified executive director no later
9 than December 31, 2026.
10(2) The executive director may select, appoint, and compensate out of available
11 funds assistants and employees as necessary to discharge the office's responsibilities.
123. (1) The office has the following duties:
HCS SS SCS SB 1652  3
13(a) Advocate for legislation that will facilitate the accomplishment of mandates
14 identified in the report of the task force on missing and murdered African American
15 women and girls;
16(b) Advocate for state agencies to take actions to facilitate the accomplishment of
17 mandates identified in the report of the task force on missing and murdered African
18 American women and girls;
19(c) Develop recommendations for legislative and agency actions to address
20 injustice in the criminal justice system's response to cases of missing and murdered
21 African American women and girls;
22(d) Facilitate research to refine the mandates in the report of the task force on
23 missing and murdered African American women and girls and to assess the potential
24 efficacy, feasibility, and impact of the recommendations;
25(e) Collect data on missing person and homicide cases involving African
26 American women and girls, including the total number of cases, the rate at which the
27 cases are solved, the length of time the cases remain open, and a comparison to similar
28 cases involving different demographic groups;
29(f) Collect data on Amber alerts, including the total number of Amber alerts
30 issued, the total number of Amber alerts that involve African American girls, and the
31 outcome of cases involving Amber alerts disaggregated by the child's race and sex;
32(g) Collect data on reports of missing African American girls, including the
33 number classified as voluntary runaways, and a comparison to similar cases involving
34 different demographic groups;
35(h) Analyze and assess the intersection between cases involving missing and
36 murdered African American women and girls and labor trafficking and sex trafficking;
37(i) Develop recommendations for legislative, agency, and community actions to
38 address the intersection between cases involving missing and murdered African
39 American women and girls and labor trafficking and sex trafficking;
40(j) Analyze and assess the intersection between cases involving murdered
41 African American women and girls and domestic violence, including prior instances of
42 domestic violence within the family or relationship, whether an offender had prior
43 convictions for domestic assault or related offenses, and whether the offender used a
44 firearm in the murder or any prior instances of domestic assault;
45(k) Develop recommendations for legislative, agency, and community actions to
46 address the intersection between cases involving murdered African American women
47 and girls and domestic violence;
48(l) Develop tools and processes to evaluate the implementation and impact of the
49 efforts of the office;
HCS SS SCS SB 1652  4
50(m) Track and collect Missouri data on missing and murdered African American
51 women and girls, and provide statistics upon public or legislative inquiry;
52(n) Facilitate technical assistance for local and state law enforcement agencies
53 during active cases involving missing and murdered African American women and
54 girls;
55(o) Conduct case reviews and report on the results of case reviews for the
56 following types of cases involving missing and murdered African American women and
57 girls: cold cases for missing African American women and girls and death investigation
58 review for cases of African American women and girls ruled as suicide or overdose
59 under suspicious circumstances;
60(p) Conduct case reviews of the prosecution and sentencing for cases where a
61 perpetrator committed a violent or exploitative crime against an African American
62 woman or girl. These case reviews shall identify those cases where the perpetrator is a
63 repeat offender;
64(q) Prepare draft legislation as necessary to allow the office access to the data
65 necessary for the office to conduct the reviews required in this section and advocate for
66 passage of that legislation;
67(r) Review sentencing guidelines for crimes related to missing and murdered
68 African American women and girls, recommend changes if needed, and advocate for
69 consistent implementation of the guidelines across Missouri courts;
70(s) Develop and maintain communication with relevant divisions in the
71 department of public safety regarding any cases involving missing and murdered
72 African American women and girls and on procedures for investigating cases involving
73 missing and murdered African American women and girls;
74(t) Coordinate, as relevant, with federal efforts, and efforts in neighboring
75 states;
76(u) Coordinate with the department of public safety, law enforcement agencies,
77 public commercial television, and radio broadcasters to facilitate the implementation
78 and operation of the Phoenix alert system.
79(2) As used in this subdivision, the following terms mean:
80(a) "Labor trafficking":
81a. The recruitment, transportation, transfer, harboring, enticement, provision,
82 obtaining, or receipt of a person by any means, in furtherance of:
83(i) Debt bondage;
84(ii) Forced or coerced labor or services;
85(iii) Slavery or practices similar to slavery; or
86(iv) The removal of organs through the use of coercion or intimidation; or
 HCS SS SCS SB 1652  5
87b. Receiving profit or anything of value, knowing or having reason to know it is
88 derived from an act described in subparagraph a. of this paragraph;
89(b) "Sex trafficking":
90a. Receiving, recruiting, enticing, harboring, providing, or obtaining by any
91 means an individual to aid in the prostitution of the individual; or
92b. Receiving profit or anything of value, knowing or having reason to know it is
93 derived from an act described in subparagraph a. of this paragraph.
944. In fulfilling its duties, the office may coordinate, as useful, with stakeholder
95 groups that were represented on the task force on missing and murdered African
96 American women and girls and state agencies that are responsible for the systems that
97 play a role in investigating, prosecuting, and adjudicating cases involving violence
98 committed against African American women and girls; those who have a role in
99 supporting or advocating for missing or murdered African American women and girls
100 and the people who seek justice for them; and those who represent the interests of
101 African American people. This includes the following entities: Missouri Police Chiefs
102 Association; Missouri Sheriffs' Association; Missouri Peace Officers Association;
103 Missouri Association of Prosecuting Attorneys; United States Attorney's Office;
104 juvenile courts; Missouri Coroners' and Medical Examiners' Association; United
105 States Coast Guard; state agencies, including the departments of health and senior
106 services, elementary and secondary education, corrections, and public safety; service
107 providers who offer legal services, advocacy, and other services to African American
108 women and girls; African American women and girls who are survivors; and
109 organizations and leadership from urban and statewide African American communities.
1105. The office shall report on measurable outcomes achieved to meet its statutory
111 duties, along with specific objectives and outcome measures proposed for the following
112 year. The report shall include data and statistics on missing and murdered African
113 American women and girls in Missouri, including names, dates of disappearance, and
114 dates of death, to the extent the data is publicly available. The office shall submit the
115 report by January fifteenth each year to the chairs and ranking minority members of
116 the legislative committees with primary jurisdiction over public safety.
1176. There is hereby created in the state treasury the "Missing and Murdered
118 African American Women and Girls Fund", which shall consist of moneys appropriated
119 by the general assembly, gifts, and grants. The state treasurer shall be custodian of the
120 fund. In accordance with sections 30.170 and 30.180, the state treasurer may approve
121 disbursements. The fund shall be a dedicated fund and money in the fund shall be used
122 solely by the director of public safety for the purposes authorized by this section.
123 Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining
 HCS SS SCS SB 1652  6
124 in the fund at the end of the biennium shall not revert to the credit of the general
125 revenue fund. The state treasurer shall invest moneys in the fund in the same manner as
126 other funds are invested. Any interest and moneys earned on such investments shall be
127 credited to the fund.
1287. (1) The office shall issue grants to community-based organizations that
129 provide services designed to prevent or end the targeting of African American women or
130 girls, or to provide assistance to victims of offenses that targeted African American
131 women or girls.
132(2) Grant recipients shall use money to:
133(a) Provide services designed to reduce or prevent crimes or other negative
134 behaviors that target African American women or girls;
135(b) Provide training to the community about how to handle situations and
136 crimes involving the targeting of African American women and girls, including, but not
137 limited to, training for law enforcement officers, county attorneys, city attorneys,
138 judges, and other criminal justice partners; or
139(c) Provide services to African American women and girls who are victims of
140 crimes or other offenses, or to the family members of missing and murdered African
141 American women and girls.
142(3) Applicants shall apply in a form and manner established by the office.
143(4) Grant recipients shall provide an annual report to the office that includes:
144(a) The services provided by the grant recipient;
145(b) The number of individuals served in the previous year; and
146(c) Any other information required by the office.
147(5) On or before February first of each year, the office shall report to the
148 legislative committees of the general assembly with jurisdiction over public safety on the
149 work of grant recipients, including a description of the number of entities awarded
150 grants, the amount of those grants, and the number of individuals served by the
151 grantees.
1528. The office shall have access to corrections data and medical data maintained
153 by an agency and classified as private data on individuals or confidential data on
154 individuals to the extent the data is necessary for the office to perform its duties under
155 this section.
                                             ✔