Missouri Senate

Introduced

DECLARATION OF EMERGENCY BASED ON CIVIL UNREST - 44.100

This act requires the Governor, upon declaring a state of emergency in response to civil unrest, to contract with a third party human rights organization to monitor the activities of law enforcement officers in response to the unrest and to report abuses of human, civil, or constitutional rights to the Attorney General's Office. In addition, the Governor must assign a sufficient number of state social workers, counselors, or psychologists to provide counseling and mental health services in the region affected by the unrest.

USE OF FORCE BY LAW ENFORCEMENT OFFICERS - 563.046

Under current law, a law enforcement officer may use deadly force when he or she reasonably believes the force is immediately necessary to effect an arrest and the suspect has committed or attempted to commit a felony, is attempting to escape by use of a deadly weapon, or may otherwise endanger life or seriously injure another person. This act provides that a law enforcement officer may use deadly force only when the officer reasonably believes the suspect poses a clear danger to the officer or any other person.

In addition, this act provides that, whenever a law enforcement officer uses deadly force or shoots and injures a person, the Attorney General must appoint a special prosecutor to investigate.

LAW ENFORCEMENT AGENCY ACCREDITATION - 590.707

This act requires each law enforcement agency to be accredited by the Commission on Accreditation for Law Enforcement Agencies by July 1, 2016. Any agency that is not accredited on or after July 1, 2016 is ineligible for state appropriations.

VIDEO CAMERAS - 590.709

This act requires law enforcement officers to wear video cameras on their uniforms while on duty. The camera must be capable of recording the audio and video of interactions between the officers and the public. Law enforcement agencies must preserve recordings from the cameras for at least 30 days.

Under this act, the Department of Public Safety must investigate all complaints that a law enforcement officer or agency is not in compliance with the above requirements. If the Department determines an agency or one of its officers is not complying, the agency is ineligible to receive state appropriations until the agency achieves compliance.

This provision is similar to HB 1699 (2014).

LAW ENFORCEMENT OFFICERS AND PROTESTS - 590.711

This act requires law enforcement officers on duty at protests to wear visible, accurate identification tags. In addition, law enforcement officers are prohibited from hog tying and verbally abusing protesters.

Under this act, tear gas may not be released at a protest unless the Governor has declared a state of emergency, contracted with an independent human rights organization to monitor police activity, and the organization certifies that the use of tear gas comports with human rights standards.

Under this act, the Department of Public Safety must investigate all complaints that a law enforcement officer or agency has violated any of the provisions of this section. If the Department determines an agency or one of its officers has violated any of the provisions, the agency is ineligible to receive state appropriations for one year from the date of the violation.

MEGHAN LUECKE