Missouri Senate

Perfected

DEPUTY SHERIFF - 57.015, 57.201, 57.220, & 57.250

This act specifies that a limited definition of deputy sheriff only applies to a section dealing with dismissal proceedings for deputy sheriffs. Certain provisions dealing with the ability of a sheriff to discharge a deputy sheriff are amended to refer to the limited definition of deputy sheriff.

COUNTY JAIL COSTS - 221.105, 488.5026, & Section B

This act requires that all fees collected from the state for incarcerating prisoners in the county jail be deposited in the Inmate Prisoner Detainee Security Fund.

Under current law, the governing body of a city or county may assess a $2 surcharge in all criminal cases. If the city or county assesses the surcharge, the city or county must establish an Inmate Prisoner Detainee Security Fund and deposit the surcharge into the fund. This act requires every county to adopt the surcharge by July 31, 2014.

These provisions have an emergency clause and an effective date of July 1, 2014.

POWER TO ARREST - 544.216

Under current law, a law enforcement officer may arrest on view and without a warrant any person the officer sees violating, or who the officer has reasonable grounds to believe has violated, any law of this state, or any ordinance over which the officer has jurisdiction.

The Missouri Eastern District Court of Appeals in City of Fredericktown v. Bell, 761 S.W.2d 715, 717 (Mo. Ct. App. 1988) held that section 544.216 does not provide law enforcement officers with the power of arrest for offenses committed outside the officer's jurisdiction. This act modifies the statutory provision to clarify that a law enforcement officer may only make an arrest without a warrant for an offense over which the officer has jurisdiction.

SPECIAL PROSECUTOR EXEMPTION - 571.030

This act exempts special prosecutors from a statute making it a crime to engage in certain uses of weapons.

This provision is identical to a provision of SCS/SB 613 (2014).

CONCEALED CARRY PERMITS - 571.101, 571.104, 571.111 & 650.350

The size of the concealed carry permit is changed under this act.

This act requires the Missouri Sheriff Methamphetamine Relief Task force, or MoSMART, to provide grants to sheriffs and any designee that is created to support sheriffs in the creation and maintenance of a statewide concealed carry permit system that is accessible to sheriffs and law enforcement agencies. Current law requires sheriffs to report certain information regarding concealed carry permit holders to the Missouri Uniform Law Enforcement System or MULES. This act requires such information to be reported to the new concealed carry permit system.

Current law provides that information reported and retained regarding concealed carry permits shall not be batch processed for query. This act provides that information retained in the concealed carry system shall not be distributed to any federal, state, or private entities, however, sheriffs may access the concealed carry permit system to issue permits, verify permit holder information, change permit holder information, and suspend, revoke, or cancel a permit.

Under this act, the official to whom a concealed carry endorsement or permit was surrendered when suspended or revoked must change the status of the endorsement or permit in the concealed carry system.

This act repeals a provision requiring a sheriff to notify a person when such person's permit or endorsement is expired and cancelled.

Procedures for when a permit holder changes his or her address are modified.

Current law requires automatic invalidation of a permit or endorsement after 30 days if a permit holder has changed his or her name or address and not notified the sheriff. Under this act, the permit or endorsement is automatically invalid after 180 days. This act requires a person to notify the sheriff of a name or address change within 30 days and allows the sheriff to impose a late penalty of $10 per month for each month the person fails to notify the sheriff.

Current law requires an applicant for a concealed carry permit to perform a physical demonstration of his or her ability to safely load a revolver and a semiautomatic pistol, a live firing exercise with both types of firearms, and a live firing test with both firearms. This act provides that the applicant only needs to demonstrate an ability to safely load, and only requires live firing from, either a revolver or a semiautomatic pistol.

Under current law, qualified firearms safety instructors cannot have more than 40 students in a classroom. This act provides that such instructors cannot have more than 40 students per instructor in the classroom. In addition, this act modifies a provision allowing firearms safety instructors to register with the sheriff in the county in which the instructor resides.

MEGHAN LUECKE