Modifies provisions relating to automobile theft

SECOND REGULAR SESSION
SENATE BILL NO. 1181
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR TRENT.
4468S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapters 570 and 589, RSMo, by adding thereto seven new sections relating to
automobile theft, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapters 570 and 589, RSMo, are amended by 1
adding thereto seven new sections, to be known as sections 2
570.097, 589.220, 589.222, 589.224, 589.225, 589.226, and 3
589.227, to read as follows:4
570.097. 1. As used in this section, the following 1
terms mean: 2
(1) "Motor vehicle key programming or emulating 3
device", any device, computer program, application, or 4
software designed or used to electronically communicate with 5
a motor vehicle for the purpose of programming or emulating 6
a motor vehicle key fob that is capable of being used to 7
unlock or start the motor vehicle; 8
(2) "Relay attack device", any device, computer 9
program, application, or software designed or used to 10
intercept the signal from the key fob of a motor vehicle to 11
unlock or start the motor vehicle. 12
2. Except as provided in subsection 3 of this section, 13
no person shall knowingly manufacture, sell, offer to sell, 14
transfer, or possess a motor vehicle key programming or 15
emulating device or a relay attack device, or aid or permit 16
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another to use a motor vehicle key programming or emulating 17
device or relay attack device. 18
3. This section shall not apply to the manufacturing, 19
sale, offering to sell, transfer, possession, or use of a 20
motor vehicle key programming or emulating device or relay 21
attack device for a lawful and reasonable purpose by or to: 22
(1) A law enforcement officer; 23
(2) An employee of the National Insurance Crime 24
Bureau; or 25
(3) An employee of any licensed dealer, distributor, 26
or manufacturer of motor vehicles or motor vehicle locks; 27
motor vehicle mechanic shop; locksmith company; or 28
repossession agency. 29
4. Any person authorized to possess a motor vehicle 30
key programming or emulating device or relay attack device 31
shall report a lost or stolen device within forty-eight 32
hours of becoming aware the device was lost or stolen to a 33
law enforcement agency within the jurisdiction in which the 34
device is known or thought to be lost or stolen. 35
5. Any person convicted of a violation of subsection 2 36
of this section shall be guilty of a class D felony. 37
6. Any person who fails to report a lost or stolen 38
device as required under subsection 4 of this section shall 39
be guilty of a class A misdemeanor. 40
7. The provisions of this section are severable. If 41
any section or provision of this section is declared invalid 42
or unconstitutional, the remainder of this section shall 43
remain in force. 44
589.220. Sections 589.220 to 589.226 shall be known 1
and may be cited as the "Motor Vehicle Theft Prevention 2
Commission Act". 3
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589.222. 1. There is hereby created within the 1
department of public safety the "Motor Vehicle Theft 2
Prevention Program". Under the program, law enforcement 3
agencies or other qualified applicants may apply for grants 4
to assist in improving and supporting motor vehicle theft 5
prevention programs or programs for the enforcement of 6
prosecution of motor vehicle theft crimes through statewide 7
planning and coordination. 8
2. Matters relating to the supervision, authority, and 9
control over the motor vehicle theft prevention program 10
shall be at the discretion of the "Motor Vehicle Theft 11
Prevention Commission", which is hereby established. Any 12
allocation of moneys by the commission under sections 13
589.220 to 589.227, including grants awarded under section 14
589.224, shall receive approval from the director of the 15
department of public safety prior to any such allocation. 16
3. The commission shall consist of twelve members, 17
composed of the following: 18
(1) The superintendent of the Missouri state highway 19
patrol or his or her designee; 20
(2) The director of the department of commerce and 21
insurance or his or her designee; 22
(3) The director of the department of revenue or his 23
or her designee; 24
(4) The attorney general or his or her designee; 25
(5) The following persons, appointed by the governor: 26
(a) A county sheriff; 27
(b) A municipal police chief; 28
(c) A county prosecuting attorney; 29
(d) A representative from a motor vehicle manufacturer 30
doing business in Missouri; 31
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(e) A representative from an insurance company 32
authorized to issue motor vehicle coverage in Missouri; 33
(f) A representative from the motor vehicle rental 34
industry; 35
(g) A licensed new or used motor vehicle dealer; and 36
(h) A representative from the National Insurance Crime 37
Bureau. 38
4. The commission shall elect annually from its 39
membership a chair and a vice chair. A quorum shall consist 40
of a majority of appointed members, but not less than seven 41
members, and may be met by electronic attendance. 42
5. The term of office for each member of the 43
commission who is appointed by the governor shall be four 44
years, except that of the initial appointments, three 45
members shall be appointed for a term of two years and four 46
members shall be appointed for a term of four years. Any 47
member appointed by the governor may be removed from office 48
by the governor without cause. Before the expiration of the 49
term of a member appointed by the governor, the governor 50
shall appoint a successor whose term begins on July first 51
next following. A member is eligible for reappointment. If 52
there is a vacancy for any cause, the governor shall make an 53
appointment to become effective immediately for the 54
unexpired term. 55
6. (1) The state highway patrol shall provide to the 56
commission all administration, management, and organization 57
of the commission's activities and grant programs. Subject 58
to available moneys, the commission may appoint a director, 59
who may employ such staff as may be necessary to operate and 60
administer the program. 61
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(2) No more than eight percent of the moneys in the 62
fund created under section 589.226 shall be used for 63
operational or administrative expenses of the program. 64
(3) The FTE authorization for any staff necessary to 65
support the program shall be eliminated if sufficient moneys 66
from gifts, grants, or donations are no longer available for 67
the program. 68
7. Members of the commission shall serve without 69
compensation, except that they shall be reimbursed for their 70
reasonable and necessary expenses incurred in the 71
performance of their duties. 72
589.224. 1. The commission shall: 1
(1) Establish a grant program for the provision of 2
funds to local law enforcement agencies and multi- 3
jurisdiction task forces for the following: 4
(a) Prevention, reduction, and investigation of motor 5
vehicle and motor vehicle parts theft; 6
(b) Prevention, reduction, and investigation of motor 7
vehicle-related crime; 8
(c) Establishment of multi-jurisdiction task forces 9
upon request of local law enforcement agencies; 10
(d) Investigation of fraud related to motor vehicle 11
insurance, motor vehicle dealer purchases, and motor vehicle 12
rental transactions, and other forms of financial fraud 13
relating to motor vehicles; 14
(e) Hiring of personnel by local law enforcement 15
agencies for the purpose of preventing, reducing, and 16
investigating motor vehicle-related crime; 17
(f) Purchase of equipment and technology for support 18
in motor vehicle-related crime prevention, reduction, and 19
investigation; 20
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(g) Provision of training to local law enforcement 21
agencies and multi-jurisdiction task forces relative to 22
motor vehicle-related crime prevention, reduction, and 23
investigation; and 24
(h) Production of public awareness materials and 25
programs relating to motor vehicle-related crime prevention. 26
(2) Promote statewide planning and coordination of the 27
investigation and prosecution of crimes relating to motor 28
vehicle and motor vehicle parts theft; 29
(3) Provide support to local prosecutors handling 30
motor vehicle and motor vehicle parts theft-related 31
prosecutions; and 32
(4) Provide support to multi-jurisdiction task forces 33
established by local law enforcement agencies for the 34
purpose of preventing, reducing, and investigating motor 35
vehicle-related crime. 36
2. The commission shall solicit and review 37
applications for grants under this section. The commission 38
may award grants for one to three years. The commission 39
shall give priority to applications representing 40
multijurisdictional programs. Each grant application, at a 41
minimum, shall describe the type of motor vehicle-related 42
crime prevention, reduction, investigation, enforcement, 43
prosecution, or offender rehabilitation program to be 44
implemented. Such programs may include, but shall not be 45
limited to: 46
(1) Multi-jurisdiction task forces and programs 47
utilizing the National Insurance Crime Bureau task force 48
that reduce motor vehicle-related crime and increase the 49
apprehension of motor vehicle and motor vehicle parts 50
thieves and persons who attempt to defraud insurance 51
companies; 52
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(2) Motor vehicle-related crime prevention efforts, 53
activities, and public awareness campaigns intended to 54
reduce victimization by motor vehicle-related crime and 55
fraud; 56
(3) The provision of specialized training for motor 57
vehicle-related crime investigation personnel including, but 58
not limited to, law enforcement personnel, local motor 59
vehicle registration agents and title clerks, and port 60
facility employees, in order to enhance knowledge, skills, 61
procedures, and systems to detect, prevent, and combat motor 62
vehicle-related crime and fraud; 63
(4) The provision of support and maintenance by one or 64
more dedicated prosecutors who have the specific mission and 65
expertise to provide legal guidance and prosecutorial 66
continuity to complex criminal cases arising from the 67
activities of a multi-jurisdiction task force; and 68
(5) The prevention of future criminal behavior by 69
first-time offenders who have been charged, convicted, or 70
adjudicated for a motor vehicle-related crime. 71
3. Subject to available moneys, the commission shall 72
approve grants under this section. To the extent possible, 73
grants awarded under this section shall be awarded to local 74
law enforcement agencies, multi-jurisdiction task forces, or 75
other qualified applicants in a variety of geographic areas 76
of the state. The ability to contribute additional moneys 77
or match funding for a program shall not be required as a 78
condition of receipt of a grant under this section. 79
589.225. 1. The executive director of the department 1
of public safety shall promulgate rules for the 2
administration of sections 589.220 to 589.227, including, 3
but not limited to: 4
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(1) Requirements for an entity other than a law 5
enforcement agency to be a qualified applicant; 6
(2) Application procedures by which law enforcement 7
agencies or other qualified applicants may apply for grants 8
pursuant to the grant program established under section 9
589.224; 10
(3) The criteria for selecting those agencies or other 11
qualified applicants that shall receive grants, and the 12
criteria for determining the amount to be granted to the 13
selected agencies or applicants, and the duration of the 14
grants; and 15
(4) Procedures for reviewing the success of the 16
programs that receive grants. 17
2. On or before December 1, 2027, any law enforcement 18
agency or other qualified applicant that receives a grant 19
pursuant to section 589.224 shall submit a report to the 20
commission concerning the implementation of the program 21
funded through the grant. 22
3. On or before February 1, 2028, the commission shall 23
report to the judiciary committees of the senate and the 24
house of representatives on the implementation of the 25
programs receiving grants pursuant to this section. The 26
report shall include, but shall not be limited to: 27
(1) The number and geographic jurisdiction of law 28
enforcement agencies or other qualified applicants that 29
received grants under this section and the amount and 30
duration of the grants; 31
(2) The effect that the programs that received grants 32
had on the number of motor vehicle thefts in those areas of 33
the state; 34
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(3) Recommendations for legislative changes to assist 35
in the prevention, enforcement, and prosecution of motor 36
vehicle-theft-related criminal activities; and 37
(4) Recommendations for changes in state programs, 38
policies, budgets, and standards relating to improving and 39
supporting the motor-vehicle-related crime prevention 40
initiatives of local law enforcement agencies and 41
multijurisdictional task forces. 42
589.226. 1. There is hereby created in the state 1
treasury the "Motor Vehicle Theft Prevention Commission 2
Revolving Fund", which shall consist of moneys appropriated 3
to it by the general assembly. 4
2. The commission may accept and use federal funds 5
granted by Congress or by Executive Order, as well as gifts 6
and donations from individuals, private organizations, or 7
foundations. The acceptance and use of federal funds shall 8
not require state matching funds nor shall such acceptance 9
place an obligation on the general assembly to continue the 10
purposes for which the federal funds are made available. 11
3. The state treasurer shall be custodian of the fund. 12
In accordance with sections 30.170 and 30.180, the state 13
treasurer may approve disbursements. The fund shall be a 14
dedicated fund and, upon appropriation, moneys in this fund 15
shall be used solely as provided in sections 589.220 to 16
589.226. Notwithstanding the provisions of section 33.080 17
to the contrary, any moneys remaining in the fund at the end 18
of the biennium shall not revert to the credit of the 19
general revenue fund. The state treasurer shall invest 20
moneys in the fund in the same manner as other funds are 21
invested. Any interest and moneys earned on such 22
investments shall be credited to the fund. 23
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589.227. Pursuant to section 23.253 of the Missouri 1
sunset act: 2
(1) The program authorized pursuant to sections 3
589.220 to 589.227 shall automatically sunset six years 4
after the effective date of sections 589.220 to 589.227 5
unless reauthorized by an act of the general assembly; 6
(2) Sections 589.220 to 589.227 shall terminate on 7
September first of the calendar year immediately following 8
the calendar year in which the program authorized pursuant 9
to sections 589.220 to 589.227 is sunset; and 10
(3) The provisions of this subsection shall not be 11
construed to impair or impede the state's fulfillment of any 12
obligations, including the authorization, issuance, or 13
redemption of tax credits, incurred pursuant to sections 14
589.220 to 589.227 prior to the date the program authorized 15
pursuant to sections 589.220 to 589.227 is sunset. 16
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