SB 765 Modifies provisions relating to law enforcement officers and political subdivisions
Sponsor: Schmitt Co-Sponsor(s)
LR Number: 4939S.07T Fiscal Notes
Committee: Jobs, Economic Development and Local Government
Last Action: 7/13/2016 - Signed by Governor Journal Page: S2317
Title: CCS HCS SCS SB 765 Calendar Position:
Effective Date: August 28, 2016
House Handler: Cornejo

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Current Bill Summary


CCS/HCS/SCS/SB 765 - This act modifies provisions relating to law enforcement officers and political subdivisions.

FIRST RESPONDERS - 67.145

This act defines "first responder" as any person trained and authorized by law or rule to render emergency medical assistance or treatment. First responders may include emergency first responders, police officers, sheriffs, deputy sheriffs, firefighters, ambulance attendants and attendant drivers, emergency medical technicians, mobile emergency medical technicians, emergency medical technician-paramedics, registered nurses, or physicians.

This provision is identical to a provision of the truly agreed to and finally passed CCS/HCS/SS/SB 732 (2016).

REGIONAL JAIL DISTRICTS - 221.407

Currently, regional jail districts are authorized to impose a sales tax of up to 1/2% on sales in the district. The authority to impose this tax expires on September 30, 2015. This act extends the authority of the districts to collect the tax until September 30, 2028. This act also allows the Director of Revenue to make refunds instead of allowing the Director of Revenue to authorize the State Treasurer to make refunds.

This provision is identical to the truly agreed to and finally passed CCS/HCS/SB 867 (2016), HCS/SS/SB 937 (2016), HB 2113 (2016), HCS HBs 2188, 1533, 1393, 2114 & 2113 (2016) and is similar to SCS/SB 937 (2016), HB 2687 (2016), SB 258 (2015), HB 639 (2015), SB 897 (2014) and HB 1923 (2014).

TRAFFIC CITATION QUOTAS - 304.125 & 575.320

This act prohibits a political subdivision or law enforcement agency from having a policy requiring or encouraging an employee to issue a certain number of traffic citations on a quota basis.

Under current law, a public servant commits the Class A misdemeanor of misconduct in administration of justice if he or she orders a St. Louis County employee to issue a certain number of traffic citations except when the employee is assigned exclusively to traffic control and has no other responsibilities or duties.

This act expands the provision to make it apply to employees of any political subdivision, not just St. Louis County. In addition, the act removes the exception for employees assigned exclusively to traffic control and specifies that a public servant also commits the misdemeanor by ordering an employee to increase the number of tickets the employee is issuing.

MOBILE VIDEO RECORDINGS - 610.100

Mobile video recordings from a law enforcement vehicle or a device carried by a law enforcement officer that includes a camera and recording capability are considered a closed record until the investigation becomes inactive. A mobile video recording in a nonpublic location may be closed, except that any person depicted in the recording or certain other persons may obtain a complete, unaltered and unedited copy of the recording.

The act adds legal guardians or parents of a minor as being able to obtain closed investigative or mobile video records in the same way that any person could obtain such records.

Any person may bring an action to authorize disclosure of a mobile video recording and the court may order that all or part of the recording be released to the person. In making its determination on release, the court shall consider factors outlined in the act, including the benefit to the public as opposed to the harm to the public, to the law enforcement agency or its officers, or to any person identified in the recording. The mobile video recording may be examined by the court in its chambers. If disclosure of either a mobile video recording or an investigative report is authorized, the court may make any order that justice requires and set forth conditions for or limitations on the disclosure as authorized in the act.

The act provides that any person who requests and receives a mobile video recording that was recorded in a nonpublic location is prohibited from displaying or disclosing the recording without first affording any non-law enforcement person whose image or sound is contained in the recording the opportunity to seek a court order enjoining all or some of the display or disclosure. Any person who fails to comply with this provision is subject to damages in a civil action.

These provisions are identical to provisions of SB 1061 (2016), HCS/SS/SCS/SB 663 (2016), and the truly agreed to and finally passed SCS/HB 1936 (2016) and are similar to the truly agreed to and finally passed CCS/HCS/SS/SB 732 (2016).

MEGHAN LUECKE