SB 852 Modifies provisions relating to emergency service providers, corporate security advisors, child abuse, the Department of Mental Health, and funerals
Sponsor: Schmitt
LR Number: 5816S.05T Fiscal Note available
Committee: Financial and Governmental Organizations and Elections
Last Action: 7/3/2014 - Signed by Governor Journal Page: S1919
Title: CCS HCS SCS SB 852 Calendar Position:
Effective Date: August 28, 2014
House Handler: Rhoads

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Current Bill Summary


CCS/HCS/SCS/SB 852 - This act modifies provisions relating to emergency service providers, corporate security advisors, reimbursement for child abuse exams, crimes against Department of Mental Health employees and property, and funeral processions.

LAW ENFORCEMENT MUTUAL AID - 44.095

This act allows law enforcement officers in nine counties on the Kansas-Missouri border to respond, when there is an incident that could result in serious physical injury or death or an incident that requires specialized equipment, training, or resources, to lawful requests for aid in any of the nine specified counties. This act specifies the procedure for such requests.

Under this act, an officer who makes an arrest outside his or her home state must deliver the arrested person to the first officer who is commissioned in the jurisdiction in which the arrest was made.

This act provides that, for purposes of liability, members of a political subdivision or public safety agency responding to an incident are deemed to be employees of the responding political subdivision or agency and are subject to the liability and workers' compensation provisions provided to them as employees of their respective political subdivision or agency. This act provides qualified immunity to responding members acting in good faith in an objectively reasonable manner.

This provision is similar to SB 991 (2014).

CORPORATE SECURITY ADVISORS - 84.340, 571.030, & 590.750

Under current law, the St. Louis Board of Police Commissioners has the authority to regulate corporate security advisors.

This act provides that the Department of Public Safety shall have the sole authority to regulate and license corporate security advisors. In addition, this act provides that the authority and jurisdiction of a corporate security advisor is only limited by the geographical limits of the state unless the advisor's license is recognized by another state or the federal government. Any corporate security advisor licensed as of February 1, 2014, is not required to apply for a new license until his or her license expires or is otherwise revoked.

This act makes acting as a corporate security advisor without a license a Class A misdemeanor.

The Department of Public Safety is granted rulemaking authority to implement the licensing and regulation of corporate security advisors.

This act is identical to HCS/SB 773 (2014), SCS/HB 1539 (2014), and HCS/SB 656 (2014) and is similar to HB 1596 (2014).

COMPENSATORY TIME FOR CORRECTIONS OFFICERS - 105.935

This act allows overtime for Corrections Officer I and Corrections Officer II employees to accrue upon completion of time worked in excess of such employee's normal shift. The time may be used as compensatory leave or the employee shall receive payment for the hours worked. Employees may retain up to 80 hours of compensatory leave time at any time during the year.

This act is identical to the truly agreed to and finally passed HCS/HB 1090 (2014) and is similar to SB 779 (2014).

COMMUNICABLE DISEASES - 191.630, 191.631, & 192.800 to 192.808

Current law requires persons who receive care from an emergency service provider and who have exposed the provider to blood or other potentially infectious materials to consent to a test for infectious diseases. This act amends such provisions to include Good Samaritans. This act also replaces the term "contagious or infectious disease" with a new definition for "communicable disease".

Under current law, hospitals are required to have procedures for notifying emergency care providers about the risk for exposure. This act requires a coroner and medical examiner to also have written policies and procedures for notification of an emergency care provider and Good Samaritan. The coroner or medical examiner shall include local representation of a designated infection control officer during the process to develop or review such policies.

All emergency care providers shall respond to and treat any patient regardless of the status of the patient's HIV or other communicable disease infection. Hospitals, nursing homes, and other medical facilities and practitioners who transfer patients known to have a communicable disease or to be subject to an order of quarantine or an order of isolation shall notify the emergency care providers who are providing the transportation services of the potential risk of exposure to a communicable disease, including communicable diseases of a public health threat.

This act repeals sections 192.800 to 192.808.

This act is identical to SB 918 (2014).

LINE OF DUTY COMPENSATION FOR EMERGENCY PERSONNEL - 287.243

Under current law, emergency personnel killed in the line of duty are eligible for certain workers' compensation benefits when such person's life is lost as a result of an injury received in the active performance of his or her duties, within the scope of his or her profession, while on duty and but for the performance, death would not have occurred.

This act modifies the standard for eligibility. Under the act, individuals are eligible for compensation when:

-Death is caused by an accident or violence of another;

-The individual is in the active performance of his or her duties and there is a relationship between the accident or commission of the act and the performance of duty, even when off duty; the individual is traveling to or from employment; or the individual is taking a break while on duty;

-The injury is the cause of the death; and

-Death occurs within 300 weeks of the injury.

In addition, this act extends the expiration date on the line of duty compensation program to 2025 from 2015.

This provision is identical to HCS/HB 2116 (2014) and is similar to SB 979 (2014) and a provision contained in HCS/SB 773 (2014).

SAFE CARE PROVIDER REIMBURSEMENT - 334.950

The Department of Public safety must establish rules and make payments to SAFE CARE providers, out of appropriations made for that purpose, who provide forensic examinations of persons under eighteen years of age who are alleged victims of physical abuse.

This act requires the department to establish maximum reimbursement rates that reflect the reasonable cost of providing the forensic exams.

Only forensic evaluations and case reviews may be reimbursed by the department. To provide reimbursement, the child must be the subject of a child abuse investigation or reported to the Children's Division.

This act provides that a minor may consent to the forensic exam, the consent is not subject to disaffirmance, and parental consent is not required.

One of these provisions is identical to a provision in SS/HB 1184 (2014), SCS/SB 802 (2014), and the truly agreed to and finally passed SCS/HB 1092 (2014).

CRIME AGAINST A MENTAL HEALTH EMPLOYEE OR PROPERTY - 632.520

A person ordered to the Department of Mental Health after being determined by a court to be a sexually violent predator who knowingly commits violence against an employee of the Department or another offender housed in a secure facility shall be guilty of a Class B felony. Damage to any building or other property owned by the Department by such person is a Class C felony.

This provision is identical to SS/SCS/HCS/HB 1231 (2014) and HB 1243 (2014).

FUNERAL PROCESSIONS

This act repeals provisions of law mandating that a funeral procession be identified by the display of an identifying insignia on each vehicle.

This provision is identical to SB 891 (2014).

MEGHAN LUECKE