HB 0080 (Truly Agreed) Authorizes multijurisdictional antifraud enforcement groups; makes various other changes in law enforcement and crimes
Current Bill Summary
- Prepared by Senate Research -

CCS/SCS/HB 80 - This act contains various provisions relating to law enforcement, including:

Prohibits the Department of Revenue from disclosing personal information of peace officers and their family members. (Section 32.056, SB 287)

Prohibits non-licensed peace officers from making arrests after 1/1/2003, except for new sheriffs who intend to get licensed within 12 months and except the sheriff of St. Louis County. (Section 57.010)

Current law requires newly elected sheriffs to post a surety bond within 15 days of the certification of his/her election. This act requires that such bond be posted within 15 days of when the new sheriff takes office. (Sections 57.020 - 57.030)

Allows the creation of law enforcement districts in Camden County to fund, promote and operate projects relating to law enforcement. Ten percent or more of the registered voters in a district may file a petition in circuit court requesting the creation of a district. The act sets forth the requirements and court procedure regarding the petition. A Board of Directors consisting of five elected members shall govern each law enforcement district. A district may impose a property tax if approved by voters. The act outlines the legal powers of a law enforcement district, including the powers to contract, borrow money and coordinate efforts with state and local agencies. (Sections 67.1860 - 67.1898, SB 224)

Allows the creation of Multijurisdictional Antifraud Enforcement Groups (MAEGs), which may be formed by two or more political subdivisions, or political subdivisions and the Highway Patrol, in order to provide intensive investigation of fraudulent activities. Peace officers who are members of a MAEG shall only exercise powers of arrest within the scope of the investigation. Such arrest powers shall be pertain anywhere in the state, after prior notification to the local chief law enforcement officer. A county bordering another state may enter into a MAEG with contiguous political subdivisions of the other state, provided the other state has legal authority to do so. A MAEG may receive state grants to defray the costs of operation. The act establishes eligibility criteria for receiving state grants. The Department of Public Safety shall monitor the operation of all MAEG units receiving state grants, and certify the amount of each grant to the Auditor. The Director shall submit an annual report to the Governor and the General Assembly regarding MAEG operations. There is an emergency clause for these sections. (Sections 70.827 - 70.833)

Allows Kansas City to re-submit a failed capital improvements sales tax proposal to the voters before the expiration of 12 months. There is an emergency clause for this section. (Section 94.577)

Directs certain funds raised through criminal case fees, for the use of peace officer training. (Section 488.5336)

Increases (from 20 hours to 24 hours) the maximum warrantless custody period for specified crimes. (Section 544.170, SB 474)

Increases the administrative fee charged against persons convicted of passing a bad check; by adding an additional fee of 10% of the face amount of the check for checks of $100 or more, with an administrative fee cap of $50. (Section 570.120, SB 215)

Substantially revises peace officer standards and training provisions (akin to SB 351), including:

Requires the Director of the Department of Public Safety to establish classes of peace officers, some of which may not be valid for commission within certain counties or by certain agencies. Commissioned peace officers must hold valid peace officer licenses. The act lists exceptions to the licensing requirement, such as persons with no power of arrest. POST shall establish minimum standards for basic training and qualifications and shall establish procedures and qualifications for licensure/re-licensure. A license shall automatically expire if the licensee fails to hold a commission for a period of five consecutive years. (Sections 590.010 - 590.030)

The act requires peace officers to have 470 to 600 hours of training, with noted exceptions such as for reserve officers and officers licensed in third-class counties before 7/1/2002 (120 hours, if ordinance adopted by political subdivision). Basic training of every peace officer shall include at least 30 hours of training regarding domestic violence cases. The POST commission shall establish continuing education requirements for all peace officers. Peace officers who make traffic stops shall receive annual training related to racial profiling. Requires the Director to license continuing education providers. (Sections 590.040 - 590.050)

The POST commission shall also establish minimum training standards for instructors and training centers. The Director shall license instructors and curricula. The act requires fingerprinting of all academy applicants, in order to conduct a criminal history check. Each law enforcement agency shall notify the Director within 30 days after commissioning any peace officer. The Director may require a criminal background check. The Director shall be notified within 30 days after any licensed peace officer ceases to be commissioned, including whether it was due to a violation of law or regulations, or a failure to meet minimum qualifications. The act lists grounds for discipline of a license, including probation, suspension or revocation, and procedure for review before the Administrative Hearing Commission. The act allows immediate suspension when any licensee is charged with a felony or presents a danger to the public. Licensees subject to suspension, and officers denied a license, have due process rights and rights of appeal. (Sections 590.060 - 590.100)

Allows the Director to have subpoena power to investigate complaints against a licensee. Technical changes to the creation of the POST Commission. (Sections 590.110 - 590.120)

States that no arrest shall be deemed unlawful solely due to licensure status of a peace officer, and evidence regarding licensure cannot be received in any civil or criminal case. Records of applicants or licensees shall be closed to the public, other than name, licensure status and commissioning or employing agency. In any investigation or hearing pursuant to Chapter 590, RSMo, the Director may discover any records relating to the applicant or licensee, regardless of any statutory or common law privilege, with the exception of attorney-client privilege. Declares a knowing violation of Chapter 590 to be a Class B misdemeanor. Any law enforcement agency that commissions a peace officer in violation of Chapter 590, RSMo, shall not be eligible to receive state or federal funds for training of peace officers or for any other criminal justice purpose. (Sections 590.180 - 590.195)

Prohibits entities or political subdivisions from releasing names of officers who are the subject of complaints or investigations regarding the racial profiling law, unless a formal action or charge is filed. (Section 590.650)
ALAN KELLY

Go to Main Bill Page | Return to Summary List | Return to Senate Home Page