Missouri SB 1379: SB 1379 - This act provides that criminal justice agencies, as defined in the act, shall share with a bona fide researcher, as defined in the act, all criminal justice data and records, including relevant personally identifying information and demographic information, held by that agency relating to: (1) A law enforcement stop, search, or seizure; (2) A warrant, arrest, or citation; (3) Participation in a pre-arrest or post-arrest diversion, specialty court, or other alternative resolution program; (4) A criminal charge, disposition, or sentence; (5) Pretrial or posttrial release from custody, or any terms or conditions of release; (6) A grant, order, change in the terms of, or termination of pretrial supervised release, probation, parole, or participation in correctional or rehabilitative programs; or (7) Formal discipline, reclassification, or relocation any person under criminal sentence or correctional control. A criminal justice agency may assess reasonable fees, not to exceed actual costs, for the data and records. Before February 28, 2027, the Attorney General shall issue guidance to assist criminal justice agencies in complying with the requirements of this act. TRISTAN BENSON, JR.

Bill Text

SECOND REGULAR SESSION
SENATE BILL NO. 1379
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR SCHROER.
5651S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 589, RSMo, by adding thereto one new section relating to the release of data on
criminal activity.

Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 589, RSMo, is amended by adding thereto 1
one new section, to be known as section 589.710, to read as 2
follows:3
589.710. 1. For the purposes of this section, the 1
following terms mean: 2
(1) "Bona fide researcher", any individual or 3
organization who: 4
(a) Agrees that any personally identifiable 5
information provided shall be used only for research and 6
statistical activities, and shall not be transferred, 7
revealed, or used for purposes other than research or 8
statistical activities, and that reports or publications 9
derived from this information shall not identify specific 10
individuals; 11
(b) Certifies that such individual or organization has 12
secured approval by the individual or organization's 13
institutional review board for the research or statistical 14
project that is the basis of the data access request; and 15
(c) If the individual or organization is requesting 16
access to any confidential, personally identifiable data, 17

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certifies that the individual or organization has security 18
controls in place to prevent unauthorized access to any 19
confidential, personally identifiable data, and that these 20
controls have met the approval of the individual or 21
organization's institutional review board; 22
(2) "Criminal justice agency", any court with criminal 23
jurisdiction and any local, county, or state agency that 24
performs any activity directly relating to the detection or 25
investigation of crime; the apprehension, pretrial release, 26
post-trial release, prosecution, correctional supervision, 27
rehabilitation, evaluation, or treatment of accused persons 28
or criminal offenders; or criminal identification activities 29
or the collection, storage, or dissemination of arrest and 30
criminal records information; 31
(3) "Criminal justice data", all data collected, 32
created, received, maintained, or disseminated by any 33
criminal justice agency regardless of its physical form, 34
storage media, or conditions of use; 35
(4) "Institutional review board", any board, 36
committee, or other group that reviews, approves initiation 37
of, and conducts periodic review of research, and which has 38
received accreditation for this purpose or is part of an 39
accredited institution of higher learning; 40
(5) "Record", any information kept, held, filed, 41
produced, or reproduced by, with, or for a criminal justice 42
agency, in any physical or digital form whatsoever 43
including, but not limited to, reports, statements, 44
examinations, memoranda, opinions, folders, files, books, 45
manuals, pamphlets, forms, papers, designs, drawings, maps, 46
photos, letters, microfilms, computer tapes or discs, or 47
rules, regulations, or codes. 48

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2. (1) A criminal justice agency shall share with a 49
bona fide researcher all criminal justice data and records, 50
including relevant personally identifying information and 51
demographic information, held by that agency relating to: 52
(a) A law enforcement stop, search, or seizure; 53
(b) A warrant, arrest, or citation; 54
(c) Participation in a pre-arrest or post-arrest 55
diversion, specialty court, or other alternative resolution 56
program; 57
(d) A criminal charge, disposition, or sentence; 58
(e) Pretrial or post-trial release from custody, or 59
any terms or conditions of release; 60
(f) A grant, order, change in the terms of, or 61
termination of pretrial supervised release, probation, 62
parole, or participation in correctional or rehabilitative 63
programs; or 64
(g) Formal discipline, reclassification, or relocation 65
of any person under criminal sentence or correctional 66
control. 67
(2) A criminal justice agency shall share with a bona 68
fide researcher all criminal justice data and records, 69
including relevant personally identifying information and 70
demographic information, held by that agency that is subject 71
to mandatory or discretionary disclosure to any member of 72
the public and not otherwise closed pursuant to chapter 610. 73
(3) A criminal justice agency may share with a bona 74
fide researcher any other criminal justice data, records, or 75
information, including relevant personally identifying 76
information and demographic information, held by that agency 77
that is responsive to a bona fide researcher's request. 78
(4) A release of criminal justice data, records, or 79
information under this section is not considered a release 80

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of data, records, or information to the public for the 81
purposes of chapter 610 and does not waive the right to 82
assert in the future that data, records, or information may 83
be closed under chapter 610.