HB 1355 Modifies provisions relating to public safety

     Handler: Schatz

Current Bill Summary

- Prepared by Senate Research -


SS/SCS/HB 1355 - This act modifies provisions relating to public safety.

JOINT COMMITTEE ON DISASTER PREPAREDNESS (Section 21.851)

This act creates a Joint Committee on Disaster Preparedness and Awareness, consisting 13 members specified in the act.

The purpose of the Committee shall be to make a continuous study and investigation into disaster preparedness and awareness into various areas.

The Committee shall compile a full report of its activities for submission to the General Assembly. The report shall be submitted not later than January first of even-numbered years and may include any recommendations which the Committee may have for legislative action.

This section will expire on December 31, 2022.

This provision is identical to the perfected version of SS/SCS/SB 586 (2018).

LAW ENFORCEMENT REPORTING REQUIREMENTS (Section 43.505)

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 31, 2021.

This provision is similar to a provision of SCS/HCS/HB 57 (2017), SCS/SB 414 (2017), and provisions of SS#2/SCS/HCS/HBs 302 & 228 (2017).

LAW ENFORCEMENT INFORMATION RECORDS

(Sections 43.507, 217.075, and 610.210)

This act repeals a provision requiring the deletion of uniquely identifying medical information within a criminal record prior to being made available to qualified persons and organizations.

This act authorizes automation of Department of Corrections records and makes some records available to law enforcement agencies and qualified persons and organizations as defined by the Health Insurance Portability and Accountability Act.

These provisions are identical to provisions of HCS/SS/SCS/SB 966 (2018).

MUTUAL AID AGREEMENTS (Section 44.091)

This act provides that when a law enforcement agency requests assistance from another law enforcement agency under a mutual aid agreement, any law enforcement officer assisting the requesting agency is afforded the same powers of arrest they would have in their own jurisdiction and the same powers of arrest as officers of the requesting entity. Any officer assisting a requesting agency shall enjoy the same legal immunities as an officer of the requesting entity. Such powers shall be limited to the location where provided, for the duration of the specific event requested, and while acting under the direction of the requesting entity.

Any officer assisting a requesting agency shall be deemed an employee of the assisting agency and shall be subject to the workers' compensation, overtime, and expense reimbursement provisions provided as an employee of the assisting agency, including sovereign immunity, official immunity, and the public duty doctrine.

This provision is identical to SB 878 (2018) and a provision of SCS/HB 1859 (2018).

INTERSTATE AID AGREEMENT (Section 44.098)

This act establishes that, upon the enactment of similar laws in the states of Kansas and Oklahoma and unanimous written affirmation of the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate, the counties of Jasper and Newton shall become a party to an interstate aid agreement with certain Kansas and Oklahoma border counties.

All law enforcement officers of the border counties between the three states shall be permitted in critical incidents to respond to lawful requests for aid in any other jurisdiction in the mutual aid region. In the event of an arrest made outside of an officer's home state, the offender shall be delivered to the first officer who is commissioned in the jurisdiction in which the arrest was made.

For the purposes of liability, all members of the responding agency are deemed employees of the responding agency and are subject to the liability and workers' compensation provisions provided to them as employees of their respective agency. Immunity and the public duty rule shall apply to the provisions of this section as interpreted by the federal and state courts of the responding agency.

This provision is identical to a provision of SCS/SB 662 (2018).

RESIDENCY REQUIREMENTS FOR SHERIFFS AND DEPUTY SHERIFFS

(Section 57.117)

Currently, an under sheriff or deputy sheriff in a Missouri county must be a resident of Missouri. This act modifies that requirement by allowing under sheriffs and deputy sheriffs to be residents of an adjoining state. This provision shall not apply to Jackson County or the City of St. Louis.

This provision is similar to HB 1892 (2018), a provision of HCS/SS/SCS/SB 966 (2018), and to a provision of the Truly Agreed and Finally Passed SS/SCS/SB 652 (2018).

ST. LOUIS SHERIFF'S OFFICE'S POST CERTIFICATION (Section 57.450)

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 who may be eligible for training and licensure by the peace officer standards and training (POST) commission.

This provision is identical to a provision of SB 652 (2018), substantially similar to SB 451 (2017), and is similar to a provision of HCS/HB 878 (2017).

SALARIES OF KANSAS CITY POLICE OFFICERS (Section 84.510)

This act raises the maximum compensation level for lieutenant colonels, majors, captains, sergeants, master patrol officers, master detectives, detectives, investigators, and police officers in Kansas City.

This provision is identical to SB 973 (2018) and HB 2070 (2018).

ST. LOUIS FIREMEN'S RETIREMENT SYSTEM (Section 87.135)

This act allows the Firemen's Retirement System of the City of St. Louis to form cooperative agreements with other public retirement systems in the state in order to allow members to transfer creditable service between the retirement systems.

This provision is similar to SB 902 (2018) and identical to a provision of SCS/SB 1021 (2018), SCS/HB 2044 (2018), and the Truly Agreed and Finally Passed CCS/SS/SCS/HB 1291 (2018).

EMERGENCY MEDICAL SERVICES

This act modifies several provisions relating to emergency medical services (EMS), including: (1) emergency services districts; (2) certain definitions; (3) EMS medical directors; (4) EMS training; (5) emergency treatment protocols; (6) disciplinary investigations; (7) EMS records; and (8) the EMS Personnel Licensure Interstate Compact.

EMERGENCY SERVICES DISTRICTS (Section 99.848)

Current law provides that ambulance and fire protection districts are entitled to a reimbursement of between 50% and 100% of the amount of the district's tax increment deposited into the Special Allocation Fund of a tax increment financing district. This act provides that ambulance and fire protection districts and counties operating a 911 center providing emergency or dispatch services shall annually set such reimbursement rate prior to the time the assessment is paid into the Fund. If the redevelopment plan, area, or project is amended, the ambulance or fire protection district or the governing body of a county operating a 911 center providing emergency or dispatch services shall have the right to recalculate the reimbursement rate.

CERTAIN DEFINITIONS

(Sections 135.090, 190.094, 190.100, 190.103, 190.105, 190.131, 190.143, 190.196, 190.246, and 191.630)

This act changes the term "emergency medical technician-intermediate" to "advanced emergency medical technician".

Additionally, the term "first responder" is replaced by "emergency medical responder".

Finally, the definition of "medical control" is modified to include both online and offline medical control.

EMS MEDICAL DIRECTORS (Section 190.103)

This act requires the state EMS medical director to be elected by the members of the regional EMS medical director's advisory committee, to serve a four-year term, and to coordinate EMS services between the EMS regions, as well as to promote educational efforts for agency medical directors, represent Missouri EMS nationally, and incorporate the EMS system into Missouri's health care system.

EMS TRAINING (Sections 190.131 and 190.142)

This act modifies education, training, and accreditation requirements for emergency medical technicians and paramedics. Paramedic training programs shall be accredited by the Commission on Accreditation of Allied Health Education Programs (CAAHEP) or hold a CAAHEP letter of review.

TREATMENT PROTOCOLS (Sections 190.103 and 190.147)

Emergency medical technicians and paramedics shall only perform medical procedures as directed by treatment protocols approved by the regional medical director or as authorized through direct communication with online medical control.

Emergency medical technician paramedics (EMT-Ps) 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. Physical restraint of a patient shall be permitted only to provide for bystander, patient, or emergency personnel safety, as approved by local medical control, or in cooperation with on-scene law enforcement. All incidents involving patient restraint shall be reviewed by the ambulance service physician medical director.

This act also specifies that the EMT-Ps 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 government employer.

Any 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.

DISCIPLINARY INVESTIGATIONS (Section 190.165)

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 prohibition against holders of certain certificates, permits, or licenses. Additionally, the act 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.

EMS RECORDS (Section 190.173)

This act provides that any information regarding the physical or mailing address, phone number, fax number, or email address of a licensed ambulance service or certified training entity shall not be considered confidential.

Nothing in this provision shall prohibit the Department of Health and Senior Services from releasing certain aggregate information in accordance with state law.

EMS PERSONNEL LICENSURE INTERSTATE COMPACT

(Sections 190.142 and 190.900 - 190.939)

This act authorizes Missouri to become a member state of the "Recognition of EMS Personnel Licensure Interstate Compact" and to adopt the provisions of authorization as specified in the act. The purpose of the compact is to facilitate the exchange of information between member states regarding EMS personnel licensure, adverse actions, and significant investigatory information.

Applicants for initial licensure as an emergency medical technician submitted after the recognition of the compact shall submit to a background check as provided in the act.

A home state's license authorizes an individual to practice in a remote state under the privilege to practice if the home state meets certain requirements, as set forth in the act. In order to exercise the privilege to practice under the terms and provisions of the compact, an individual shall: 1) be at least 18 years of age; 2) possess a current unrestricted license in a member state as an emergency medical technician (EMT), advanced emergency medical technician (AEMT), paramedic, or state-recognized and licensed level with a scope of practice and authority between EMT and paramedic; and 3) practice under the supervision of a medical director.

If an individual's license in any home state is restricted, suspended, or revoked, the individual shall not be eligible to practice in a remote state until the individual's home state license is restored. Additionally, if an individual's privilege to practice in any remote state is restricted, suspended, or revoked, the individual shall not be eligible to practice in any remote state until the individual's privilege to practice is restored.

The circumstances under which an individual may practice in a remote state in the performance of emergency medical services are set forth in the act, in conjunction with any rules created by the Interstate Commission for EMS Personnel Practice.

If a member state's governor declares a state of emergency or disaster that activates the Emergency Management Assistance Compact (EMAC), the terms of EMAC shall prevail over the terms or provisions of the compact with respect to any individual practicing in a remote state in response to such declaration.

A home state shall have exclusive power to impose adverse action against an individual's license issued by the home state. A remote state may take adverse action on an individual's privilege to practice within the remote state.

The Interstate Commission for EMS Personnel Practice has powers as set forth in the act, including the collection of an annual assessment from member states. The commission shall meet at least one during each calendar year. The commission may hold closed meetings to discuss matters as specified in the act.

The commission shall prescribe bylaws and rules to carry out the purposes and exercise the powers of the compact. The powers and duties of the commission are set forth in the act.

Any member state may withdraw from the compact by enacting a statute repealing the same. A member state's withdrawal does not take effect until 6 months after enactment of the repealing statute.

These provisions are identical to provisions in HCS/SS/SB 870 (2018), substantially similar to provisions in SB 931 (2018), SCS/SB 936 (2018), and HB 1662 (2018), and similar to provisions in HB 1431 (2018), HCS/SS/SCS/SB 124 (2017), SCS/SB 418 (2017), HCS/HB 100 (2017), HCS/HB 1044 (2017), and HB 1616 (2016).

LAWRENCE COUNTY EMERGENCY SERVICE BOARD (Section 190.335)

This act provides that Lawrence County's emergency service board is not to be considered a body corporate and a political subdivision of the state for any purpose unless the county commissioners unanimously adopt an order reclassifying the board as such.

This provision is identical to SB 1012 (2018).

PROBATION AND PAROLE BOARD (Sections 217.015-217.810)

This act renames the Missouri Board of Probation and Parole as the Parole Board. The Board shall exercise independence in its decision making but operate cooperatively within the department of corrections and with other agencies, officials, courts, and stakeholders to achieve systemic improvement. Under this act, the board shall adopt guidelines pertaining to: finite prison capacity for violent offenders, releasing supervision manageable cases, use of finite resources, supporting seamless reentry, setting appropriate conditions of supervision, and developing strategies for responding to violations. In addition, the act requires the Board to collect and publish data on parolees.

This act creates the "Division of Probation and Parole" as a new division within the Department of Corrections.

Under this act, the Division of Probation and Parole will give administrative support to the Parole Board as well as assume supervision over all offenders subject to probation, parole, and supervision, and provide programs necessary to carry out its responsibilities. Additionally, the director of the Division will assume the role of appointing probation and parole officers in lieu of the chairman of the Parole Board, and issue warrants for the arrest of persons under the supervision of the Division.

This act requires the Department of Corrections to establish a "community behavioral health program". Under the program, the Department will collaborate with the Department of Mental Health to provide comprehensive community-based services for individuals under the supervision of the Department of Corrections who have serious behavioral health conditions.

The Department of Corrections must adopt a streamlined, validated risk/need assessment tool in order to evaluate the risk/need of offenders as it pertains to department programs. In addition, the act modifies the parole review standards and instructs the Parole Board to conduct a risk/need assessment prior to an offender's hearing, and allows the Board to waive the hearing if the assessment indicates the offender may be paroled without an interview. Also, special parole conditions shall be responsive to the assessed risk and needs of the offender.

This act allows for a victim who has requested an opportunity to be heard by the Parole Board to receive notice that the Board is conducting a risk assessment of the inmate.

This act repeals a provision requiring an offender seeking parole to have achieved, or have made an honest good-faith effort to achieve, a high school diploma or its equivalent.

This act authorizes community supervision centers to respond to violations and prevent revocations.

This act gives the Division of Probation and Parole oversight over the awarding and supervision of earned compliance credits. The Division may rescind earned credits if the offender is found ineligible for credits because of a violation which indicates a longer term of probation, parole or conditional release is necessary. Additionally, this act requires offenders to complete restitution prior to final discharge by the Division.

These provisions are identical to provisions of the perfected version of SS/SCS/SB 966 (2018).

SEGREGATION OF PRISONERS (Section 221.050)

This act provides that persons on probation or parole may be housed with offenders or persons being held on criminal charges.

This provision is identical to HB 2026 (2018).

COUNTY AND CITY JAIL REIMBURSEMENTS (Section 221.105)

This act authorizes the presiding judge of a judicial circuit to propose expenses reimbursable by the state on behalf of one or more of the counties in that circuit. Any county that declines to convey a proposal to the department shall receive its per diem cost for all prisoners chargeable to the state.

This provision is similar to a provision of the perfected version of SS/SCS/SB 966 (2018).

RADIOACTIVE WASTE INVESTIGATION FUND

(Sections 260.391 and 260.558)

This act allows funds from the Hazardous Waste Fund to be transferred to the Radioactive Waste Investigation Fund created under the act.

The Radioactive Waste Investigation Fund shall be used solely by the Department of Natural Resources to investigate concerns of exposure to radioactive waste upon request by a local government. The investigation shall be performed by applicable government agencies or through a competitive bidding process. The Department shall work with such government agencies or approved contractors, and local officials, to develop a sampling and analysis plan to determine if radioactive contaminants exceed federal standards for remedial action. Within 45 days of receiving sampling results, the Department shall report such results to the Attorney General and the local government, and shall make the results and report available on the Department's website.

The Radioactive Waste Investigation Fund shall not exceed $150,000 per year.

This provision is identical to a provision of the Truly Agreed and Finally Passed HCS/SS/SCS/SB 782 (2018), and the Truly Agreed and Finally Passed HCS/SB 659 (2018), and is similar to HCS/HB 1804 (2018).

PETROLEUM DISTRIBUTION (Section 292.606)

Under current law, certain provisions relating to fees collected relating to the transportation and delivery of petroleum products are due to expire on August 28, 2018. This act extends this expiration date to August 28, 2024.

This provision is identical to SB 626 (2018) and substantially similar to SB 515 (2017) and HB 1167 (2017).

PUBLIC SAFETY EDUCATION (Sections 302.025 and 302.176)

This act provides that all driver training programs shall include instruction concerning law enforcement procedures for traffic stops and basic constitutional rights.

This act also requires the Department of Revenue to provide first-time license recipients with similar information.

This provision is identical to a provision of SCS/SB 662 (2018) and substantially similar to SB 419 (2017).

BOAT TITLE AND REGISTRATION FEES (Section 306.030)

This act specifies that beginning July 1, 2019, the first one million dollars, rather than the first 2 million dollars, of boat registration and titling fees collected annually shall be deposited into general revenue, with the excess to be deposited in the water patrol division fund.

This provision is identical to a provision of SCS/HCS/HB 1300 (2018), HB 192 (2017), and HB 1962 (2016).

BOAT PASSENGERS (Section 306.126)

This act specifies that the requirement for boat passengers to ride only within adequate guards or railing when underway shall not apply to vessels propelled by propellers or jet motors when such vessels are operating on a stretch of waterway not created or widened by impoundment.

This provision is identical to a provision of SCS/HCS/HB 1300 (2018), the perfected SS/SCS/SB 752 (2018), and similar to HCS/HB 2116 (2018), SB 65 (2017), HB 558 (2017), HB 2230 (2016), and HB 836 (2015).

FUEL STANDARDS (Section 414.032)

Currently, all fuels shall meet American Society for Testing and Materials (ASTM) standards, in addition to rules promulgated by the Director of the Department of Agriculture. Under this act, the Director may waive specific requirements, or establish temporary alternative requirements in the event of an extreme and unusual fuel supply circumstance, so long as the Director takes certain actions specified in this act. Such waiver shall be as limited in scope and applicability as necessary, and shall apply equally and uniformly to all persons and companies in the impacted fuel supply and distribution system.

This provision is similar to SCS/SB 998 (2018).

ELECTRONIC MONITORING (Section 455.095)

This act provides that a court may place a person on electronic monitoring with victim notification if the person is charged with, or has been found guilty of, violating an order of protection.

Electronic monitoring with victim notification is defined as a monitoring system that can monitor the movement of a person and immediately transmit the person's location to the victim and local law enforcement when the person enters a certain area.

The court only may place a person on electronic monitoring with victim notification if the protected person has provided his or her informed consent. The phrase "informed consent" is defined under the act.

The person being monitored must pay the costs associated with the monitoring unless he or she is determined by the court to be indigent. If determined to be indigent, the court clerk must notify the Department of Corrections and send a bill for the monitoring costs to the Department. The Department must establish a procedure to determine the portion of costs the indigent person is able to pay and must seek reimbursement of such costs.

An electronic alert is probable cause to arrest the monitored person for a violation of a protective order.

The Department of Corrections, Department of Public Safety, Missouri State Highway Patrol, circuit courts, and local law enforcement agencies are required to share information obtained via the electronic monitoring.

Immunity to liability is granted to suppliers of the electronic monitoring system for certain injuries associated with the use of the system.

This provision expires on August 28, 2024.

This provision is identical to SB 641 (2018), a provision of the perfected version of SS/SCS/SB 966 (2018), similar to SB 99 (2017), SB 678 (2016), and SCS/SB 86 (2015).

DOMESTIC VIOLENCE FATALITY REVIEW PANELS (Section 455.560)

This act creates a process for establishing and operating domestic violence fatality review panels after instances of homicide which have been determined to be related to domestic violence. These panels are organized by the prosecuting or circuit attorney of the jurisdiction in which the homicide occurred, and consist of members described in the act.

It is the duty of the panel to investigate homicides related to domestic violence and issue a public report. The work product of the panel, other than the public report to be issued, is not public record and is not admissible in judicial or administrative proceedings.

This provision is identical to SB 976 (2018), substantially similar to a provision of HCS/SS/SCS/SB 966 (2018), and similar to SB 511 (2017).

MODEX (Section 488.5320)

Currently, St. Louis City and St. Louis County sheriffs, county marshals, or other officers are not allowed to charge for their services rendered in cases disposed of by a violations bureau that is established pursuant to law or by a Supreme Court rule.

This act allows such officers to charge for their services rendered in such cases.

This provision is similar to a provision of SB 994 (2018) and HB 1432 (2018).

FEDERAL FORFEITURE REPORTING (Section 513.653)

Currently, law enforcement agencies involved in using the federal forfeiture system under federal law shall file a report regarding federal seizures and the proceeds therefrom to the state by January 31st for the previous calendar year with both the Department of Public Safety and the State Auditor's Office. The report shall include the value of items seized, the beginning balance of federal forfeiture funds or assets previously received and not yet used, the proceeds received from the federal government, the expenditures from the proceeds, and the ending balance of federal forfeiture funds or assets on hand. The Department of Public Safety shall not issue funds to any agency that fails to comply.

This act moves the filing deadline back to February 15th and no longer requires an agency to file with the Department of Public Safety. Additionally, the filing will consist of a copy of the federal form entitled "ACA Form - Equitable Sharing Agreement and Certification". Any law enforcement agency that intentionally or knowingly fails to comply with the reporting requirement shall be ineligible to receive state or federal funds which would have been otherwise paid to them for law enforcement, safety, or criminal justice purposes.

This provision is similar to a provision of HB 1172 (2017).

PRIVATE PROBATION FOR MISDEMEANOR DRUG OFFENSES (Section 559.600)

This act provides that in cases of private misdemeanor drug probation services, the entity providing the private probation service shall utilize the Department of Corrections standards of drug screening. Additionally, the entity providing such services shall not require its clients to travel more than 50 miles to attend regular probation meetings.

This provision is identical to HB 1344 (2018) and a provision of the Truly Agreed and Finally Passed SS/SCS/HB 2562 (2018).

RESIDENCE RESTRICTIONS FOR SEXUAL OFFENDERS (Section 566.147)

This act provides that sex offenders shall be prohibited from living within 1,000 feet of a former victim.

Additionally, this act provides that measurements of distance for the purposes of restrictions on residences of sex offenders shall begin at the property line of the school or child care facility nearest to the sex offenders property.

This provision is identical to SCS/SB 689 (2018), a provision of HCS/SS/SCS/SB 966 (2018), and SCS/HCS/HB 2042 (2018), and similar to HB 1743 (2018).

RETIRED PEACE OFFICERS (Section 590.210)

This act allows any law enforcement agency in the state of Missouri to supplement its workforce with qualified retired peace officers during a state of disaster or emergency.

Retirees assisting law enforcement agencies shall be in compliance with firearms training and qualification standards for retired law enforcement officers carrying concealed firearms and any compensation awarded to retirees shall be paid by the law enforcement agency.

PEER SUPPORT SPECIALISTS (Section 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 from disclosing 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.

This provision is identical to SB 616 (2018) and SB 385 (2017), a provision of SCS/HCS/HB 57 (2017), a provision of SS#2/SCS/HCS/HBs 302 & 228 (2017), and similar to HCS/HB 586 (2017).

VICTIM COMPENSATION (Sections 595.010-595.055)

Currently, if a victim of a crime submits a claim for compensation from the victim compensation fund and the claim is rejected for lack of substantial proof, the victim has thirty days to amend their claim before the claim will be dismissed with prejudice. Additionally, no victim of a crime may recover if the victim has been found guilty of two felonies within the last ten years if one or both involved illegal drugs or violence. This act repeals those provisions.

Currently, if a victim of a crime is from outside of Missouri, the victim is not eligible for compensation unless federal funds for compensation exist. This act repeals that provision.

Currently, compensation for medical services may not exceed $2,500 and compensation for out-of-pocket loss as a result of property seized by a law enforcement investigation may not exceed $250. This act repeals that provision. Additionally, this act modifies the scope of "personal injury" to include emotional or mental harm.

Currently, no case may be awarded compensation if police records show a report was not issued within forty-eight hours. This act repeals that provision and allows victims of domestic violence, sexual offenses, and stalking to provide sworn statements in lieu of official records.

Currently, the Department of Revenue is not liable to make payments of compensation for any out-of-pocket expenses incurred more than three years following the date of the occurrence of the crime. This act repeals that provision.

These provisions are similar to provisions of the perfected version of SS/SCS/SB 966 (2018).

FORENSIC EVIDENCE (Section 595.220)

This act modifies the requirements of law enforcement agencies as it pertains to the acquisition and storage of forensic examination evidence.

Currently, the Attorney General with the advice of the Department of Public Safety shall develop the forms and procedures for gathering evidence during and after the forensic examination under the provisions of this section. This act provides requirements for such procedures and that they will be developed by the Department of Public Safety with the advice of the Attorney General.

This act delineates a "reported evidentiary collection kit" from an "unreported evidentiary collection kit". Unreported evidentiary collection kits are those which are collected from a victim who has not consented to participate in the criminal justice process.

This act requires the Missouri State Highway Patrol to take possession of reported forensic examination evidence and secure such evidence for a period of five years.

This provision is identical to a provision of the perfected version of SS/SCS/SB 966 (2018).

EXPUNGEMENT OF CONCEALED WEAPON OFFENSES (Section 610.140)

This act allows individuals found guilty of the offense of unlawful use of a weapon by the carrying of a concealed weapon prior to January 1, 2017, to apply for an order to expunge records relating to such offense.

This provision is identical to SB 954 (2018), HB 2584 (2018), and a provision of SS/SCS/HB 1633 (2018) and HCS/SS/SCS/SB 966 (2018).

LAW ENFORCEMENT (Sections 589.303 and 650.035)

This act repeals the "Missouri Crime Prevention Information Center" and replaces it with the "Missouri Law Enforcement Assistance Program" which has the purpose of providing state financial and technical assistance to pilot programs including reimbursement for overtime, increasing analytical capacity, and community policing. The act specifies that such pilot programs shall be located in Butler, Buchanan, and Boone counties.

This provision is identical to a provision of HCS/SS/SCS/SB 966 (2018).

MIKE WEAVER


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