HB 3531

                                SECOND REGULAR SESSION
                   HOUSE BILL NO. 3531
                          103RD GENERAL ASSEMBLY
                         INTRODUCED BY REPRESENTATIVE MAYHEW.
7521H.01I  JOSEPH ENGLER, Chief Clerk
                                           AN ACT
To repeal section 43.503, RSMo, and to enact in lieu thereof two new sections relating to
       firearms.
Be it enacted by the General Assembly of the state of Missouri, as follows:
        Section A. Section 43.503, RSMo, is repealed and two new sections enacted in lieu
2 thereof, to be known as sections 43.503 and 43.665, to read as follows:
        43.503. 1. For the purpose of maintaining complete and accurate criminal history
2 record information, all police officers of this state, the clerk of each court, the department of
3 corrections, the sheriff of each county, the chief law enforcement official of a city not within a
4 county and the prosecuting attorney of each county or the circuit attorney of a city not within
5 a county shall submit certain criminal arrest, charge, and disposition information to the
6 central repository for filing without undue delay in the form and manner required by sections
7 43.500 to 43.651.
82. All law enforcement agencies making misdemeanor and felony arrests as
9 determined by section 43.506 shall furnish without undue delay, to the central repository,
10 fingerprints, photograph, and if available, any other unique biometric identification collected,
11 charges, appropriate charge codes, and descriptions of all persons who are arrested for such
12 offenses on standard fingerprint forms supplied or approved by the highway patrol or
13 electronically in a format and manner approved by the highway patrol and in compliance with
14 the standards set by the Federal Bureau of Investigation in its Automated Fingerprint
15 Identification System or its successor program. All such agencies shall also notify the central
16 repository of all decisions not to refer such arrests for prosecution. An agency making such
17 arrests may enter into arrangements with other law enforcement agencies for the purpose of
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.
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18 furnishing without undue delay such fingerprints, photograph, and if available, any other
19 unique biometric identification collected, charges, appropriate charge codes, and descriptions
20 to the central repository upon its behalf. All such agencies shall also notify the central
21 repository of any firearm reported stolen and the serial number of the firearm.
223. In order for the Missouri office of prosecution services to maintain complete and
23 accurate statewide reports as required by section 56.750, on or before January 1, 2028, and
24 thereafter, all police officers of this state, the sheriff and each deputy sheriff of each county,
25 and the chief law enforcement official of a city not within a county and his or her officers
26 shall submit referrals for any traffic violation, ordinance violation, or misdemeanor or felony
27 offense referred to a prosecuting or circuit attorney in the form and manner approved by the
28 Missouri office of prosecution services as required by subdivision (7) of subsection 1 of
29 section 56.750. At a minimum, any referral to a prosecuting attorney or circuit attorney for a
30 felony offense shall include a probable cause statement and an investigative report. Any law
31 enforcement agency that violates this subsection shall be ineligible to receive state or federal
32 funds that would otherwise be paid to such agency for law enforcement, safety, or criminal
33 justice purposes.
344. In instances where an individual less than seventeen years of age and not currently
35 certified as an adult is taken into custody for an offense which would be a felony if committed
36 by an adult, the arresting officer shall take fingerprints for the central repository. These
37 fingerprints shall be taken on fingerprint cards supplied by or approved by the highway patrol
38 or transmitted electronically in a format and manner approved by the highway patrol and in
39 compliance with the standards set by the Federal Bureau of Investigation in its Automated
40 Fingerprint Identification System or its successor program. The fingerprint cards shall be so
41 constructed that the name of the juvenile should not be made available to the central
42 repository. The individual's name and the unique number associated with the fingerprints and
43 other pertinent information shall be provided to the court of jurisdiction by the agency taking
44 the juvenile into custody. The juvenile's fingerprints and other information shall be
45 forwarded to the central repository and the courts without undue delay. The fingerprint
46 information from the card shall be captured and stored in the automated fingerprint
47 identification system operated by the central repository. In the event the fingerprints are
48 found to match other tenprints or unsolved latent prints, the central repository shall notify the
49 submitting agency who shall notify the court of jurisdiction as per local agreement. Under
50 section 211.031, in instances where a juvenile over fifteen and one-half years of age is alleged
51 to have violated a state or municipal traffic ordinance or regulation, which does not constitute
52 a felony, and the juvenile court does not have jurisdiction, the juvenile shall not be
53 fingerprinted unless certified as an adult.
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545. Upon certification of the individual as an adult, the certifying court shall order a
55 law enforcement agency to immediately fingerprint and photograph the individual and
56 certification papers will be forwarded to the appropriate law enforcement agency with the
57 order for fingerprinting. The law enforcement agency shall submit such fingerprints,
58 photograph, and certification papers to the central repository within fifteen days and shall
59 furnish the offense cycle number associated with the fingerprints to the prosecuting attorney
60 or the circuit attorney of a city not within a county and to the clerk of the court ordering the
61 subject fingerprinted. If the juvenile is acquitted of the crime and is no longer certified as an
62 adult, the prosecuting attorney shall notify within fifteen days the central repository of the
63 change of status of the juvenile. Records of a child who has been fingerprinted and
64 photographed after being taken into custody shall be closed records as provided under section
65 610.100 if a petition has not been filed within thirty days of the date that the child was taken
66 into custody; and if a petition for the child has not been filed within one year of the date the
67 child was taken into custody, any records relating to the child concerning the alleged offense
68 may be expunged under the procedures in sections 610.122 to 610.126.
696. The prosecuting attorney of each county or the circuit attorney of a city not within
70 a county or the municipal prosecuting attorney shall notify the central repository on standard
71 forms supplied by the highway patrol or in a manner approved by the highway patrol of his or
72 her decision to not file a criminal charge on any charge referred to such prosecuting attorney
73 or circuit attorney for criminal charges. All records forwarded to the central repository and
74 the courts by prosecutors or circuit attorneys as required by sections 43.500 to 43.530 shall
75 include the state offense cycle number of the offense, the charge code for the offense, and the
76 originating agency identifier number of the reporting prosecutor, using such numbers as
77 assigned by the highway patrol.
787. The clerk of the courts of each county or city not within a county or municipal
79 court clerk shall furnish the central repository, on standard forms supplied by the highway
80 patrol or in a manner approved by the highway patrol, with a record of all charges filed,
81 including all those added subsequent to the filing of a criminal court case, amended charges,
82 and all final dispositions of cases for which the central repository has a record of an arrest or a
83 record of fingerprints reported pursuant to sections 43.500 to 43.506. Such information shall
84 include, for each charge:
85(1) All judgments of not guilty, acquittals on the ground of mental disease or defect
86 excluding responsibility, judgments or pleas of guilty including the sentence, if any, or
87 probation, if any, pronounced by the court, nolle pros, discharges, releases and dismissals in
88 the trial court;
89(2) Court orders filed with the clerk of the courts which reverse a reported conviction
90 or vacate or modify a sentence;
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91(3) Judgments terminating or revoking a sentence to probation, supervision or
92 conditional release and any resentencing after such revocation; and
93(4) The offense cycle number of the offense, and the originating agency identifier
94 number of the sentencing court, using such numbers as assigned by the highway patrol.
958. The clerk of the courts of each county or city not within a county shall furnish, to
96 the department of corrections or department of mental health, court judgment and sentence
97 documents and the state offense cycle number and the charge code of the offense which
98 resulted in the commitment or assignment of an offender to the jurisdiction of the department
99 of corrections or the department of mental health if the person is committed pursuant to
100 chapter 552. This information shall be reported to the department of corrections or the
101 department of mental health at the time of commitment or assignment. If the offender was
102 already in the custody of the department of corrections or the department of mental health at
103 the time of such subsequent conviction, the clerk shall furnish notice of such subsequent
104 conviction to the appropriate department by certified mail, return receipt requested, or in a
105 manner and format mutually agreed to, within fifteen days of such disposition.
1069. Information and fingerprints, photograph and if available, any other unique
107 biometric identification collected, forwarded to the central repository, normally obtained from
108 a person at the time of the arrest, may be obtained at any time the subject is in the criminal
109 justice system or committed to the department of mental health. A law enforcement agency
110 or the department of corrections may fingerprint, photograph, and capture any other unique
111 biometric identification of the person unless collecting other unique biometric identification
112 of the person is not financially feasible for the law enforcement agency, and obtain the
113 necessary information at any time the subject is in custody. If at the time of any court
114 appearance, the defendant has not been fingerprinted and photographed for an offense in
115 which a fingerprint and photograph is required by statute to be collected, maintained, or
116 disseminated by the central repository, the court shall order a law enforcement agency or
117 court marshal to fingerprint and photograph immediately the defendant. The order for
118 fingerprints shall contain the offense, charge code, date of offense, and any other information
119 necessary to complete the fingerprint card. The law enforcement agency or court marshal
120 shall submit such fingerprints, photograph, and if available, any other unique biometric
121 identification collected, to the central repository without undue delay and within thirty days
122 and shall furnish the offense cycle number associated with the fingerprints to the prosecuting
123 attorney or the circuit attorney of a city not within a county and to the court clerk of the court
124 ordering the subject fingerprinted.
12510. The department of corrections and the department of mental health shall furnish
126 the central repository with all information concerning the receipt, escape, execution, death,
127 release, pardon, parole, commutation of sentence, granting of executive clemency, legal name
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128 change, or discharge of an individual who has been sentenced to that department's custody for
129 any offenses which are mandated by law to be collected, maintained or disseminated by the
130 central repository. All records forwarded to the central repository by the department as
131 required by sections 43.500 to 43.651 shall include the offense cycle number of the offense,
132 and the originating agency identifier number of the department using such numbers as
133 assigned by the highway patrol.
         43.665. The Missouri state highway patrol shall, subject to appropriation,
2 maintain a web page on the internet that shall be open to the public and shall include a
3 stolen firearm search capability. The stolen firearm search shall make it possible for
4 any person using the internet to search for the serial number of a firearm and determine
5 whether the firearm has been reported stolen. The patrol shall not be required to
6 provide any other information regarding a stolen firearm.
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