HB 1040 — National Incident-Based Reporting System (NIBRS); require all law enforcement agencies to implement reporting system to comply with.

HB1040 (As SentPassed tothe Governor)House) - 2018 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:

Representative Ladner House Bill 1040 (As SentPassed tothe Governor)House) AN ACT TO AMEND SECTION 45-27-9, MISSISSIPPI CODE OF 1972, TO REQUIRE ALL LAW ENFORCEMENT AGENCIES TO IMPLEMENT AN INCIDENT-BASED REPORTING SYSTEM WITHIN THEIR AGENCY OR DEPARTMENT THAT MEETS THE REPORTING REQUIREMENTS OF THE NATIONAL INCIDENT-BASED REPORTING SYSTEM (NIBRS) OF THE UNIFORM CRIME REPORTING PROGRAM OF THE FEDERAL BUREAU OF INVESTIGATION;

TO REQUIRE THE MISSISSIPPI DEPARTMENT OF PUBLIC SAFETY TO INVESTIGATE THE IMPACT OF NIBRS AND OTHER REPORTING REGARDING THE BAIL BOND DATABASE;

     45-27-9.  (1)  All criminal justice agencies within the state shall submit to the center an arrest card that will transmit fingerprints, descriptions, photographs (when specifically requested), and other identifying data on persons who have been lawfully arrested or taken into custody in this state for all felonies and misdemeanors as described in Section 45-27-7(2)(a).  It shall be the duty of all chiefs of police, sheriffs, district attorneys, courts, court clerks, judges, parole and probation officers, wardens or other persons in charge of correctional institutions in this state to furnish the center with all data required by the rules duly promulgated under the Administrative Procedures Act to carry out its responsibilities under this chapter, and the duty of courts and court clerks to submit a disposition form for every disposition.  It shall be the duty of all criminal justice agencies within the state to supply the prosecutor and the proper court with the disposition form that is attached to the physical arrest card if fingerprints were taken manually or, if fingerprints were captured digitally, the disposition form generated by the electronic fingerprint device at the time of the arrest. arrest. The PEER committee may conduct random review of the records of any agency or clerks referenced in this subsection (1) to determine whether the duties of such agencies and clerks are being fulfilled in a timely manner.  The PEER committee, based on its findings, if any, shall recommend measures to ensure that the duties are more effectively carried out in a timely manner.

              (i)  Implement an incident-based reporting system within thetheir agency or department that meets the reporting requirements of the National Incident-Based Reporting System (NIBRS) of the Uniform Crime Reporting Program of the Federal Bureau of Investigation;

and               (iii)  Report the information as soon as is practicablepractical after the investigating agency or department ascertains that a qualifying crime has been committed in itstheir jurisdiction, once the state-level NIBRS Repository is available.

     (14)  The Mississippi Department of Public Safety shall investigate the impact of the National Incident-Based Reporting System (NIBRS) of the Uniform Crime Reporting Program of the Federal Bureau of Investigation and such other existing platforms of state-wide crime reporting mandated under existing state law on the Bail Bond Database as described in Section 83-39-13(3) and whether or not NIBRS or such other reporting platforms can be utilized to replace the Bail Bond Database and whether or not NIBRS, such other reporting platforms and the Bail Bond Database should be merged and/or interfaced.  The Department shall provide a report regarding the above along with recommendations of any legislative action to the Speaker of the House of Representatives and to the Lieutenant Governor, as well as the Chairpersons of the House and Senate Judiciary B Committees and the Chairpersons of the House and Senate Accountability, Efficiency, Transparency Committees and the Mississippi Insurance Department by December 1, 2018.  In the interim, pending action by the Legislature on such report, information in the Bail Bond Database as described by Section 83-39-13(3) may not be the basis for restrictions on the amount of bonds the bail agents may have outstanding at any given time.