HB 57 Modifies provisions relating to law enforcement

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Current Bill Summary

- Prepared by Senate Research -


SCS/HCS/HB 57 - This act modifies provisions relating to law enforcement agencies.

SECTION 43.505 - LAW ENFORCEMENT REPORTING REQUIREMENTS

Under current law, any law enforcement agency which violates certain provisions relating to crime incident activity reporting may be ineligible to receive state or federal funds which would otherwise be paid to such agency.

This act provides that such agencies will not be ineligible to receive such funds until after December 21, 2021.

These provisions are similar to provisions of SCS/SB 414 (2017) and provisions of SS#2/SCS/HCS/HBs 302 & 228.

SECTION 43.530 - THE CRIMINAL RECORDS SYSTEM FUND

This act requires the approval of the director of the Department of Public Safety for the expenditure of funds raised by the collection of fees for the usage of criminal history record information, and specifies that a portion of those funds to be determined by the director will be made available to local and county law enforcement agencies by way of a grant.

These provisions are similar to provisions of SCS/SB 414 (2017), provisions of HB 1172 (2017), and provisions of HCB 9 (2017).

SECTION 57.450 - THE SHERIFF OF THE CITY OF ST. LOUIS

This act specifies that the office of the Sheriff of the City of St. Louis is a law enforcement agency, and that the sheriff and sworn deputies of that office are to be considered law enforcement officers eligible for training and licensure by the peace officer standards and training (POST) commission.

These provisions are identical to SB 451 (2017).

SECTION 488.5320 - LAW ENFORCEMENT INFORMATION SYSTEMS

Under current law, law enforcement officers in St. Louis County and St. Louis City are not permitted to collect certain fees for services rendered in cases disposed of by a violations bureau established pursuant to law or Supreme Court rule. This act repeals that restriction.

This act also modifies certain provisions relating to the Missouri Data Exchange System (MODEX) fund. Provisions of the act allow the MODEX fund to accept money from certain sources and allow law enforcement officers to share certain information stored in the MODEX system.

These provisions are similar to provisions of SCS/SB 414 (2017).

SECTION 513.653 - LAW ENFORCEMENT REPORTING REQUIREMENTS

Under current law, law enforcement agencies involved in federal forfeiture programs are required to report certain information to the Department of Public Safety and the State Auditor by January 31st of each year. This act repeals the requirement to report this information to the Department of Public Safety and moves the reporting deadline from January 31st to February 15th. This act also removes language relating to the information that must be included in the report. The act requires the report to consist of a copy of a certain form which must be submitted to the federal government.

The act modifies a penalty provision for knowingly failing to comply with this reporting requirement. Under current law, such failure is a Class A misdemeanor. The act repeals the criminal penalties for such failure and provides that law enforcement agencies which so fail to report may be ineligible to receive certain funds.

These provisions are similar to provisions of SCS/SB 414 (2017).

SECTIONS 544.671, 565.050, 565.052, 565.054, 565.056, and 575.150 - PENALTIES FOR CERTAIN OFFENSES AGAINST LAW ENFORCEMENT OFFICERS

The act provides that persons convicted of certain offenses against law enforcement officers are ineligible for bail, continuation of bail, probation, or parole. The act also provides that persons convicted of resisting or interfering with arrest, detention, or stop are also ineligible for probation or parole.

These provisions are similar to SCS/SB 46 (2017).

SECTION 571.030 - THE OFFENSE OF UNLAWFUL USE OF WEAPONS

The act provides that certain criminal conduct which constitutes the offense of unlawful use of weapons shall be a Class D felony if the victim of such conduct is a law enforcement officer.

SECTION 590.1040 - DISCLOSURES DURING PEER COUNSELING

This act prohibits peer support specialists who obtain information from law enforcement officers or emergency services personnel while acting in their capacity as a peer support specialist to disclose any confidential information unless certain conditions specified in the act are met. These conditions include threats of suicide, information relating to the abuse of spouses, children, or the elderly, admission of criminal conduct, and disclosure of certain protected information for which appropriate consent to disclose has been given.

There is no prohibition on communication between peer support specialists or any communication between the specialists and the supervisors or staff of an employee assistance program. There is also no prohibition on communication regarding fitness of an employee for duty between an employee assistance program and an employer.

These provisions are substantially similar to SB 385 (2017) and HB 586 (2017).

SECTION 650.330 - THE STATE 911 COORDINATOR

The act provides that the Director of the Department of Public Safety will be the state's 911 coordinator and may designate an employee to assist in performing the duties of the 911 coordinator.

This provision is similar to a provision of SCS/SB 414 (2017).

JOHN GRANA


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