SB 42 Modifies provisions relating to county sheriffs, school protection officers, and creates procedures and policies for unpaid debts to county jails
Sponsor: Munzlinger
LR Number: 0094S.06T Fiscal Note available
Committee: Ways and Means
Last Action: 7/12/2013 - Signed by Governor Journal Page: S2451
Title: CCS HCS SCS SB 42 Calendar Position:
Effective Date: August 28, 2013
House Handler: Riddle

Full Bill Text | All Actions | Amendments/CCRs/CCSs | Available Summaries | Senate Home Page | List of 2013 Senate Bills

Current Bill Summary


CCS/HCS/SCS/SB 42 - This act modifies provisions relating to county sheriffs, allows setoff of income tax refunds and lottery payouts for unpaid debts to county jails, and bars such debtors from holding licenses to hunt or fish.

ELIGIBILITY FOR OFFICE OF SHERIFF - 57.010

This act requires any person filing for the office of sheriff to have a valid peace officer license at the time of filing. The provisions regarding the sheriff needing to a licensed peace officer do not apply to the City of St. Louis under this act.

This provision is identical to a provision of the truly agreed to and finally passed HCS/SB 75 (2013).

SHERIFFS EMPLOYING ATTORNEYS - 57.104

Under current law, sheriffs in first class counties may employ an attorney. This act provides that sheriffs in any county, except charter counties, may employ an attorney.

This provision is similar to a provision of the truly agreed to and finally passed HCS/SB 75 (2013).

REPAYMENT OF COUNTY JAIL DEBT - 221.070, 313.321, 488.5028, & 488.5029

Under current law, prisoners in a county jail must pay the costs of their board. This act requires the circuit clerk in each county to report to the Office of State Courts Administrator the names of people certified by the sheriff as being delinquent in the payment of money owed for a period of imprisonment in a county jail. Whenever a person has satisfied his or her debt or begun making regular payments to the sheriff, the sheriff must notify the clerk that the person is no longer considered delinquent.

When the Office of State Courts Administrator receives the name of a debtor, it is required to seek a setoff of state tax refunds and state lottery winnings until the full debt has been paid.

The Department of Conservation must suspend and refuse to issue a hunting or fishing license for anyone reported delinquent to the department by the Office of State Courts Administrator.

In addition, this act requires the Office of State Courts Administrator to notify debtors that the person will be ineligible for a hunting or fishing license prior to forwarding a person's name to the Department of Conservation. The notice must contain information regarding the right of review of the debt in the court in which the debt arose.

Eligibility for a new or renewed license to hunt or fish is reestablished when the county sheriff notifies the circuit clerk who notifies State Courts Administrator who notifies the Department of Conservation that the person has repaid the debt or honored a repayment plan with the sheriff.

These provisions are similar to SB 900 (2012).

COUNTY JAIL CANTEEN - 221.102

This act allows a county sheriff to establish a canteen or commissary in the county jail.

Funds from sales at the canteen or commissary are to be deposited in the "Inmate Prisoner Detainee Security Fund".

These provisions are identical to HCS/HB 464 (2013) and the truly agreed to and finally passed HCS/SB 75 (2013).

MODEX FUND - 488.5320

Currently, sheriffs, county marshals and other officers are not allowed to charge for their services rendered in cases disposed of by a violations bureau. This act allows these officials to charge for their services, even when a case is disposed of by a violations bureau. One-half of the amount collected will be deposited in the MODEX fund. The other half will be deposited in the inmate security fund of the county or municipality where the citation originated. If the county or municipality does not have an inmate security fund, all of the amount collected shall be deposited in the MODEX fund.

This act also creates the MODEX fund. The fund will be used for the support and expansion of the Missouri Data Exchange (MODEX) system. The Peace Officers Standards and Training Commission will administer the fund.

The act specifies that sheriffs, county marshals or other officers located in St. Louis County or St. Louis City cannot charge for their services rendered in cases disposed of by a violations bureau.

This provision is identical to a provision of the truly agreed to and finally passed CCS/SS/SCS/HCS/HBs 374 & 434 (2013) and is similar to SB 52 (2013).

SCHOOL PROTECTION OFFICER TRAINING - 590.205

This act corrects a mistake in a provision of law dealing with training for school protection officers that was truly agreed to and finally passed in SCS/HCS/SB 436 (2013).

MEGHAN LUECKE