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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1281
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR CARTER.
4673S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 650.120, RSMo, and to enact in lieu thereof one new section relating to funding
for certain cyber crime investigations.
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Section A. Section 650.120, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 650.120, 2
to read as follows:3
650.120. 1. There is hereby created in the state 1
treasury the "Cyber Crime Investigation Fund". The 2
treasurer shall be custodian of the fund and may approve 3
disbursements from the fund in accordance with sections 4
30.170 and 30.180. The department of public safety shall be 5
the administrator of the fund. Moneys in the fund shall be 6
used solely for the administration of the grant program 7
established under this section. Notwithstanding the 8
provisions of section 33.080 to the contrary, any moneys 9
remaining in the fund at the end of the biennium shall not 10
revert to the credit of the general revenue fund. The state 11
treasurer shall invest moneys in the fund in the same manner 12
as other funds are invested. Any interest and moneys earned 13
on such investments shall be credited to the fund. 14
2. The department of public safety shall create a 15
program to distribute grants to multijurisdictional internet 16
cyber crime law enforcement task forces, multijurisdictional 17
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enforcement groups, as defined in section 650.153, that are 18
investigating internet sex crimes against children, and 19
other law enforcement agencies. The program shall be funded 20
by the cyber crime investigation fund created under 21
subsection 1 of this section. Not more than three percent 22
of the money in the fund may be used by the department to 23
pay the administrative costs of the grant program. The 24
grants shall be awarded and used to pay the salaries of 25
detectives and computer forensic personnel whose focus is 26
investigating internet sex crimes against children, 27
including but not limited to enticement of a child, 28
possession or promotion of child pornography, provide 29
funding for the training of law enforcement personnel and 30
prosecuting and circuit attorneys as well as their assistant 31
prosecuting and circuit attorneys, and purchase necessary 32
equipment, supplies, and services. The funding for such 33
training may be used to cover the travel expenses of those 34
persons participating. 35
3. A panel is hereby established in the department of 36
public safety to award grants under this program and shall 37
be comprised of the following members: 38
(1) The director of the department of public safety, 39
or his or her designee; 40
(2) Two members appointed by the director of the 41
department of public safety from a list of six nominees 42
submitted by the Missouri Police Chiefs Association; 43
(3) Two members appointed by the director of the 44
department of public safety from a list of six nominees 45
submitted by the Missouri Sheriffs' Association; 46
(4) Two members of the state highway patrol appointed 47
by the director of the department of public safety from a 48
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list of six nominees submitted by the Missouri State 49
Troopers Association; 50
(5) One member of the house of representatives 51
appointed by the speaker of the house of representatives; and 52
(6) One member of the senate appointed by the 53
president pro tem. 54
The panel members who are appointed under subdivisions (2), 55
(3), and (4) of this subsection shall serve a four-year term 56
ending four years from the date of expiration of the term 57
for which his or her predecessor was appointed. However, a 58
person appointed to fill a vacancy prior to the expiration 59
of such a term shall be appointed for the remainder of the 60
term. Such members shall hold office for the term of his or 61
her appointment and until a successor is appointed. The 62
members of the panel shall receive no additional 63
compensation but shall be eligible for reimbursement for 64
mileage directly related to the performance of panel duties. 65
4. Local matching amounts, which may include new or 66
existing funds or in-kind resources including but not 67
limited to equipment or personnel, are required for 68
multijurisdictional internet cyber crime law enforcement 69
task forces and other law enforcement agencies to receive 70
grants awarded by the panel. Such amounts shall be 71
determined by the state appropriations process or by the 72
panel. 73
5. When awarding grants, priority should be given to 74
newly hired detectives and computer forensic personnel. 75
6. The panel shall establish minimum training 76
standards for detectives and computer forensic personnel 77
participating in the grant program established in subsection 78
2 of this section. 79
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7. Multijurisdictional internet cyber crime law 80
enforcement task forces and other law enforcement agencies 81
participating in the grant program established in subsection 82
2 of this section shall share information and cooperate with 83
the highway patrol and with existing internet crimes against 84
children task force programs. 85
8. The panel may make recommendations to the general 86
assembly regarding the need for additional resources or 87
appropriations. 88
9. The power of arrest of any peace officer who is 89
duly authorized as a member of a multijurisdictional 90
internet cyber crime law enforcement task force shall only 91
be exercised during the time such peace officer is an active 92
member of such task force and only within the scope of the 93
investigation on which the task force is working. 94
Notwithstanding other provisions of law to the contrary, 95
such task force officer shall have the power of arrest, as 96
limited in this subsection, anywhere in the state and shall 97
provide prior notification to the chief of police of a 98
municipality or the sheriff of the county in which the 99
arrest is to take place. If exigent circumstances exist, 100
such arrest may be made and notification shall be made to 101
the chief of police or sheriff as appropriate and as soon as 102
practical. The chief of police or sheriff may elect to work 103
with the multijurisdictional internet cyber crime law 104
enforcement task force at his or her option when such task 105
force is operating within the jurisdiction of such chief of 106
police or sheriff. 107
[10. Under section 23.253 of the Missouri sunset act: 108
(1) The provisions of the new program authorized under 109
this section shall be reauthorized on August 28, 2014, and 110
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shall expire on December 31, 2024, unless reauthorized by an 111
act of the general assembly; and 112
(2) If such program is reauthorized, the program 113
authorized under this section shall sunset automatically 114
twelve years after the effective date of the reauthorization 115
of this section; and 116
(3) This section shall terminate on September first of 117
the calendar year immediately following the calendar year in 118
which the program authorized under this section is sunset.] 119
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