SB 0806 Requires elected sheriffs to become certified peace officers
LR Number:3672L.05C Fiscal Note:3672-05
Committee:Elections, Veterans' Affairs & Corrections
Last Action:05/12/00 - H Calendar S Bills for Third Reading w/HCS Journal page:
Title:HCS SCS SB 806 & SB 537
Effective Date:August 28, 2000
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Current Bill Summary

HCS/SCS/SB 806 & SB 537 - This act makes various changes relating to law enforcement.

COUNTY CRIME REDUCTION FUND - County Commissions may create a Crime Reduction Fund to supplement moneys for criminal investigations and prosecutions. The fund is managed by the presiding commissioner, the sheriff and one elected official chosen by the commissioner and sheriff.

A judge may assess a penalty of not more than $1,000 for a misdemeanor as a condition of probation. The money shall be placed in the fund.

CERTIFICATION OF SHERIFFS - This act changes the training and certification requirements for elected sheriffs beginning January 1, 2001. Currently, elected county sheriffs are exempt from Chapter 590, RSMo, requiring minimum training hours, background check and other requirements of certification by the Director of the Department of Public Safety. This act makes elected sheriffs subject to such certification. To complete 120 hours of training prior to taking office, effective January 1, 2001, if a sheriff does not complete the training the office shall be declared vacant. (Section 57.010, pp 3-4)

County sheriffs must be certified within one year. After December 31, 2001, a sheriff who is not certified may continue in office but may not engage in primary law enforcement activities. (Section 590.130, pp 44-45)

These provisions do not apply to the sheriff of St. Louis City.

POLICE AND SHERIFFS DEPUTIES - Any political subdivision that pays its police or deputies less than $20,000 annually on January 1, 2001, may use funds in the Police and Sheriff's Deputies Trust Fund, created in this act, to increase the salary to $20,000. These provisions terminate on July 1, 2005.

CLAY COUNTY PARK POLICE - Clay County may appoint peace officers who shall be required to have 575 hours of training. Such officers have the same power as other peace officers within the park.

HEALTH INSURANCE - Any political subdivision may acquire health insurance for the dependents of retired and deceased employees.

SALES TAX FOR LAW ENFORCEMENT - Any city may adopt a law enforcement sales tax if it is located in a county that has enacted a county sales tax. The city could impose a tax at a rate of up to one-half of one percent.

MULTI-JURISDICTIONAL ANTI-FRAUD ENFORCEMENT GROUP - Any two political subdivisions may enter into an agreement with one another or enter into an agreement with one another and the Highway Patrol. Any multi-jurisdictional anti-fraud enforcement group officer has power to arrest throughout the state on matters within the scope of an investigation upon notice to the chief law enforcement officer of the jurisdiction. Political subdivisions may also enter into agreements with adjoining political subdivisions in other states. Officers employed by political subdivisions in other states may be deputized and shall have the same powers and immunities as those employed in Missouri. The Department of Public Safety shall issue an annual report in which it assesses the operations of the units.

STATE PRISONERS IN COUNTY JAILS - When a criminal verdict renders the state liable for costs, the state shall be responsible for any medical expenses previously incurred by the county on behalf of the prisoner.

WATER PATROL - Parol officers may arrest any person when investigating a crime or accident, even if that person is presently out of the patrol's jurisdiction.

PEACE OFFICER STANDARDS AND TRAINING - The Peace Officers Standards and Training Commission may establish reciprocal recognition of training obtained elsewhere in lieu of training in Missouri and certification is not required:

- To seek election or hold a county elective office;

- For county park rangers who do not carry a firearm; and

- For officers employed by small towns.

The Director of the Department of Public Safety may require everyone applying for certification to pass a certification examination. The Commission may adopt rules regarding the context of the exam.

When a certified officer leaves employment, the employer shall notify the Department of the circumstances of the departure. The Director may suspend or deny certification of any person for oral turpitude. The Director may establish minimum education, age and residency requirements for certification and for acceptance into a training academy. Certification may be issued subject to probation.

If the Director determines that a peace officer or bailiff may present a clear and present danger, the Director may suspend or restrict the officer. The act contains provisions for an expedited hearing before the Administrative Hearing Commission. The Director may administer oaths, and may issue subpoenas duces tecum in any investigation to determine fitness. The Department records pertinent to the investigation are discoverable.

LAW ENFORCEMENT DISTRICTS - This act authorizes the creation of law enforcement districts to fund, promote and operate projects relating to law enforcement. Ten percent 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 by a four-sevenths majority. 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.

This portion of the act is similar to SB 537.