|SB 0371||Requires audits of forfeitures proceeds and revises officer training requirements|
|LR Number:||S1612.06C||Fiscal Note:||1612-06|
|Committee:||Ways and Means|
|Last Action:||05/14/99 - In Conference||Journal page:|
|Title:||HCS SB 371|
|Effective Date:||August 28, 1999|
HS/HCS/SB 371 - This act requires law enforcement agencies involved in federal forfeitures to file a copy of their audit reports with the Department of Public Safety. The Department shall not issue funds to any law enforcement agency that fails to comply. The State Auditor is required to promulgate standards regarding the audits which shall take into account protecting the confidentiality of law enforcement activities.
Any person who runs for the office of sheriff is required, by the time the person takes office, to have completed at least one hundred twenty hours of basic law enforcement training. If the office is declared vacant by reason of the training requirement, the county commission is required to fill the vacancy.
Current law requires any person who owned a Coast Guard- registered vessel on August 28, 1994, or who subsequently purchased such a vessel, to apply for a certificate of registration and pay a fee. This act restricts the imposition of a penalty fee or cancellation on anyone who had documented a vessel prior to that date only if that person was given at least thirty days notice that the registration was required. The act also requires personal flotation devices on certain canoes. The Water Patrol is permitted to close to navigation or use any waters of the state if the navigation or use would present an unreasonable risk to persons or property.
The act also revises laws concerning the training and certification requirements for peace officers, certified reserve officers and reserve officers. New definitions have been added to distinguish between peace officers, certified reserve officers and non-certified reserve officers. The act removes the exemption for all counties of the third classification from the 470 hour basic training requirement for peace officers and certified reserve officers, and requires 470 hours of training, and includes a sunset provision for the exemption of January 1, 2001.
The act clarifies the authority of non-certified reserve officers. All academy applicants are required to be finger- printed, in order to conduct a criminal history check, both state and federal. Reciprocity for officers from other jurisdictions is allowed.
The act requires certification of employed county deputies, consistent with other peace officers. The reasons for any type of termination, resignation or retirement are required to be filed with POST (Police Officers Standards and Training), stating whether it was due to a violation of law or written and distributed regulations, or whether the officer was the subject of a pending investigation.
An applicant may be denied for the same reasons as listed for revocation or suspension, and allows the Director to warn, censure, probate, refuse to issue, or to suspend or revoke, a certificate. Certificate holders may seek review by the Administrative Hearing Commission. The act allows the immediate suspension of certificates when the holder has endangered the public, and provides due process for the officer, when it appears to be in the public interest and safety. The Department may obtain an injunction when a certificate holder is engaging in activities which create a serious danger to the health, safety or welfare of others. Any out-of-state disciplinary action may be cause for discipline in this state, if it was related to unprofessional conduct.
The act grants the Department the power to issue and enforce subpoenas, and allows discovery and admission into evidence of any records relating to a peace officer or certified reserve officer during a hearing on the officer's fitness to serve. Records concerning the officer's fitness may not be withheld on the basis of privilege. Individuals involved in the proceeding, who act in good faith and without malice are immune from liability.
Surplus training funds may be used for additional training
of law enforcement officers and personnel. The act eliminates
the provision allowing municipalities with a population of less
than 2,000 to hire untrained and uncertified peace officers, so
that a person who cannot be certified due to a criminal history
is prohibited from being hired in a small city. Any violation of
the chapter is a Class B misdemeanor.
HA1 - ALLOWS THE ST. LOUIS BOARD OF POLICE COMMISSIONERS TO COMPENSATE THE CHIEF OF POLICE FOR VACATION LEAVE ACCUMULATED IN LIEU OF PROVIDING VACATION DAYS OFF WITH PAY.
HA2 - REPEALS THE CURRENT REQUIREMENT FOR A HEARING IN CASES INVOLVING THE DISMISSAL, DEMOTION OR SUSPENSION OF CERTAIN LAW ENFORCEMENT OFFICERS AND REPLACES IT WITH A GRIEVANCE COMMITTEE PROCEDURE. DECISIONS OF A GRIEVANCE COMMITTEE ARE APPEALABLE TO CIRCUIT COURT.