SECOND REGULAR SESSION

SENATE BILL NO. 1213

91ST GENERAL ASSEMBLY


INTRODUCED BY SENATOR MATHEWSON.

Read 1st time February 26, 2002, and 1,000 copies ordered printed.



TERRY L. SPIELER, Secretary.

4895S.01I


AN ACT

To repeal sections 388.610 and 388.640, RSMo, relating to railroad corporations, and to enact in lieu thereof two new sections relating to the same subject.


Be it enacted by the General Assembly of the State of Missouri, as follows:

Section A. Sections 388.610 and 388.640, RSMo, are repealed and two new sections enacted in lieu thereof, to be known as sections 388.610 and 388.640, to read as follows:

388.610. The superintendent of the Missouri state highway patrol shall approve applications and appoint such railroad policemen as he deems proper, taking into consideration, among other things, the education, training and experience of each person so appointed concerning the powers of peace officers and the limitations on powers of peace officers in regard to the constitutional rights of citizens to be secure in their persons and property. Those approved [and], appointed, and commissioned by the superintendent of the Missouri state highway patrol shall be issued commissions by the superintendent of the Missouri state highway patrol, and each of them, before entering into the performance of his duties, shall subscribe before the clerk of a circuit court of this state, an oath in the form prescribed by section 11, article VII, of the constitution of this state, to support the constitution and laws of the United States and the state of Missouri, to faithfully demean himself in the office and to faithfully perform the duties of the office, and each of them shall enter into a surety bond in the sum of ten thousand dollars payable to the state of Missouri, conditioned upon the faithful performance of his duties. The executed oath of office, together with a copy of the commission and the bond, shall be filed with the office of the superintendent of the Missouri state highway patrol until the commission is terminated or revoked as provided [herein.] in this section. As used in this section relating to railroad policemen, the word "commission" means a grant of authority to act as a peace officer.

388.640. All railroad policemen who become employed after September 28, 1971, shall, before appointment, [attend a law enforcement training course upon payment by his railroad of such reasonable fees as the director or managing officer of such school shall fix] be a licensed peace officer in accordance with the provisions of chapter 590, RSMo.






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