SB 0351 Revises peace officer standards and training
LR Number:1344L.07S Fiscal Note:1344-07
Committee:Civil and Criminal Jurisprudence
Last Action:05/18/01 - Identical versions not passed by House and Senate Journal page:
Title:CCS HS SS SCS SB 351
Effective Date:August 28, 2001
Full Bill Text | All Actions | Available Summaries | Senate Home Page | List of 2001 Senate Bills
Current Bill Summary

CCS/HS/SS/SCS/SB 351 - This act contains various provisions relating to peace officers, including:

Allows counties to create a County Crime Reduction Fund to be administered by an appointed board of trustees for any of a number of enumerated purposes. (Sections 50.550 - 50.555)

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 for 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)

Requires that sheriffs delivering convicts to the Department of Corrections provide additional information concerning the convict's mental and physical condition and prescribed medications. (Section 217.305)

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

Allows courts to order restitution, treatment programs, community service or work release when imposition or execution of a sentence is suspended. Allows courts to order payment of a fine (up to $1,000) into the County Crime Reduction Fund when entering an SIS or SES on a misdemeanor. (Section 558.019)

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-classification 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 (90.040 - 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 licensee, 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)

These provisions were contained in HB 80 which was Truly Agreed To.