HB 302 Modifies provisions relating to emergency responders

     Handler: Schatz

Current Bill Summary

- Prepared by Senate Research -


SS#2/SCS/HCS/HBs 302 & 228 - This act modifies provisions relating to emergency responders.

ADMINISTRATION OF PUBLIC SAFETY - Sec. 43.505, 488.5320, 513.653

Under current law, any law enforcement agency that 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.

Such agencies will not be ineligible to receive such funds until after December 21, 2021.

Also under current law, law enforcement officers in St. Louis County and St. Louis City are ineligible to charge fees for services rendered in certain cases. This act repeals that ineligibility.

The Criminal Record System Fund ("MODEX fund") may accept moneys from other entities which utilize the information in the system.

Information in MODEX which is open under the chapter relating to government records may be shared with any other law enforcement or state body for the purpose of anti-fraud efforts.

Certain reporting requirements related to seizures by law enforcement officers are modified. A reporting deadline is moved from January 31 to February 15 for a certain report. Under current law, this report must be submitted to both the Department of Public Safety and the State Auditor. T his act repeals the requirement to submit the report to the Department of Public Safety.

The act repeals a list of specific information which must be reported under this reporting requirement, and provides that the report will consist of a copy of a certain federal form.

The act modifies a penalty provision for intentional or knowing failure to comply with the reporting requirement. Under current law, this failure is a Class A misdemeanor punishable by a fine of up to one thousand dollars. This act provides that this failure shall no longer be a misdemeanor, but that any law enforcement agency which so fails to comply with the reporting requirement shall be ineligible to receive state or federal funds which would otherwise be paid to such agency for law enforcement, safety, or criminal justice purposes.

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

SHERIFF OF THE CITY OF ST. LOUIS - Sec. 57.450, 57.530

Under current law, the sheriff of the City of St. Louis must have the approval of a majority of the circuit judges of the circuit court of the City of St. Louis in order to appoint deputies and assistants. This act repeals that requirement.

This act also 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. Future persons appointed as deputies, or to similar roles, are to hold valid peace officer licenses.

These provisions contain an emergency clause.

These provisions are similar to SB 451 (2017), HB 1170 (2017), and a provision of SCS/HCS/HB 57 (2017).

KANSAS CITY POLICE COLONEL - Sec. 84.514

This act allows the chief of police for the Kansas City Police Department to appoint a lieutenant colonel who will be responsible for matters relating to homeland security and disaster communications.

This provision is identical to a HB 752 (2017), a provision of HCS/SB 25 (2017), a provision of CCS#2/HCS/SCS/SB 112 (2017), SB 1066 (2016), and HB 2463 (2016).

BENEFIT ELIGIBILITY FOR AIRPORT POLICE - Sec. 86.207

This act repeals a provision allowing an employee of the City of St. Louis who is a member of the city's retirement system and who subsequently becomes a police officer to elect to remain a member of the city's retirement plan rather than joining the Police Retirement System of St. Louis.

Additionally, those employed as airport police officers by the City of St. Louis are not required to join the Police Retirement System of St. Louis as a condition of their employment.

These provisions contain an emergency clause.

These provisions are identical to SB 296 (2017) and to provisions in SCS/HCS/HB 831 (2017) and CCS/HCS/SS/SB 62 (2017), and are substantially similar to HB 819 (2017) and to provisions in HCS/HB 865 (2017) and HCS/SB 394 (2017).

EMERGENCY MEDICAL SERVICES - Sec. 190.103, 190.147, and 190.165

The act modifies the designations and duties of state and regional EMS medical directors, including that regional EMS directors shall be considered public officials for certain purposes, the state EMS medical director's advisory committee shall be considered a peer review committee and eligible to participate in certain programs, allowing regional medical directors to provide medical direction by telecommunication, and provisions allowing regional medical directors to promulgate treatment protocols for patients with special needs and requiring EMS agencies to follow those protocols.

This act provides that Emergency Medical Technician Paramedics (EMT-P's) who have completed certain training, received authorization, and whose ambulance service has adopted certain protocols may make a good faith determination that certain behavioral health patients must be placed in a temporary hold for transport to the nearest appropriate facility. EMT-P's who have made such determinations shall no longer rely on the common law doctrine of implied consent and are not to be held civilly liable nor be considered to have waived certain specified defenses if employed by a governmental employer.

Ambulance services adopting the authority and protocols under this act shall have a memorandum of understanding with local law enforcement agencies to achieve a collaborative and coordinated response to patients displaying a likelihood of serious harm to themselves or others or significant incapacitation by alcohol or drugs.

Under current law, licensed EMS providers who are the subjects of disciplinary investigations are instructed that they are not entitled to have holders of certain certificates, permits, or licenses present at an interview. This act removes this instruction, and so requires EMS providers who are the subject of disciplinary investigations to be advised that they may have anyone present at an interview whom they deem necessary or desirable.

The act also provides that the Administrative Hearing Commission shall hear all relevant evidence on remediation activities of the licensee and shall make a recommendation to the Department of Health and Senior Services as to licensure disposition based on such evidence.

These provisions are identical to SCS/SB 418 (2017), similar to HCS/HB 1044 (2017), and similar to provisions of HB 942 (2017) and provisions of SB 895 (2016).

CONSERVATION COMMISSION - Sec. 252.069

The act permits any agent of the conservation commission may enforce certain laws relating to littering and property abandonment upon the water, the banks thereof, or upon public land.

This provision is similar to HCS/HB 181 (2017) and is identical to HCS/HB 1133 (2017), a provision of HCB 9 (2017), and a provision of SB 512 (2017).

CRIMES AGAINST EMERGENCY SERVICE PROVIDERS - Sec. 544.671, 565.050, 565.052, 565.054, 565.056, and 575.150

The act provides that persons convicted of certain offenses against law enforcement officers, firefighters, or emergency medical service providers 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 ineligible for probation or parole.

These provisions are similar to SCS/SB 46 (2017) and HB 273 (2017).

IGNITION INTERLOCK DEVICES - Sec. 302.441

Current law allows repeat DUI offenders required to have an ignition interlock device installed on his or her vehicle to apply for an exemption to allow him or her to operate a vehicle owned by his or her employer. Such variances shall not be granted where the offender is self-employed or owns the business entity that owns the vehicle.

This act specifies that variances shall also not be granted when the offender controls the business entity.

These provisions are identical to provisions in the truly agreed to and finally passed version of HB 115 (2017), the truly agreed to and finally passed version of SB 225 (2017), SCS/HCB 1 (2017), SCS/HB 256 (2017), CCS/SCS#2/SB 128 (2017), and SB 474 (2017), and similar to provisions in HCS/HB 875 (2017) and HCB 9 (2017).

PEER SUPPORT COUNSELING - Sec. 590.1040

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 identical to provisions of SCS/HCS/HB 57 (2017), identical to provisions of SB 385 (2017), and similar to HCS/HB 586 (2017).

BIOLOGICAL SAMPLES - Sec 650.055

Under current law, every individual who is 17 years old or older and is arrested for burglary, sex-related felonies, and certain felonies committed against a person must provide a biological sample for DNA profiling analysis.

This act requires every individual who is 17 years old or older who is arrested for any felony offense to provide a biological sample for DNA profiling.

This provision is identical to a provision of SCS/HCB 1 (2017), HB 1115 (2017), SB 204 (2017), SB 729 (2016), SB 76 (2015), and SB 879 (2014).

911 OVERSIGHT COORDINATOR - Sec. 650.330

These provisions require the Committee For 911 Service Oversight to designate a state 911 coordinator who shall be responsible for overseeing statewide 911 operations and ensuring compliance with federal grants for 911 funding.

These provisions contain an emergency clause.

These provisions are identical to provisions of SB 503 (2017) and HB 1009 (2017).

THE BLUE ALERT SYSTEM - Sec. 650.520

This act establishes the "Blue Alert System" to aid in the identification, location, and apprehension of any individual or individuals suspected of killing or seriously injuring any local, state, or federal law enforcement officer. The Department of Public Safety will have the authority to develop, implement, and manage the system, and will coordinate with local law enforcement agencies and public commercial television and radio broadcasters to effectively implement the system. Participation is optional for local law enforcement agencies and federally licensed radio and television broadcasters, but the program will include at least: the Department of Public Safety, Highway Patrol, Department of Transportation, and Missouri Lottery. The Department of Public Safety will have certain rulemaking authority relating to the system. Knowingly making a false report that triggers an alert is a Class A misdemeanor unless that false report results in serious injury or death, in which case it is a class E felony.

This provision is identical to a provision in CCS/HCS/SS/SB 34 (2017), substantially similar to a provision in SCS/SB 46 (2017) and substantially similar to provisions in SB 265 (2017) and HCB 1 (2017).

GREENWOOD EMERGENCY FIRE SERVICES - Sec. 1

This act creates a process by which the city of Greenwood may detach itself, by ordinance, from the fire protection district which it is currently part of. This process contains certain notice and hearing requirements.

If such an ordinance is passed, the fire protection district shall no longer provide fire protection and ambulance services to the excluded area, and shall not levy any tax upon the property within the excluded area, upon the effective date of the ordinance. Such taxation of future buildings and improvements constructed within the excluded area shall also be prohibited.

This act creates a procedure by which the city will pay fees, with such fees decreasing over time, to the fire protection district from which it withdrew. This fee will begin at a valuation of 100% of the amount of revenue that would have been generated by the fire protection ad valorem tax in the first year following passage of the ordinance, and will taper down to 20% of the value of the ad valorem tax in the sixth year following passage of the ordinance, after which no further fees will be paid.

The provisions of this act shall not apply in any county in which a boundary commission has been established pursuant to Section 72.400.

JOHN GRANA


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