Missouri Senate

Senate Substitute

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).

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 is identical to HB 1892 (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).

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 establishes the "Radioactive Waste Investigation Fund" within the state treasury. The fund shall be a dedicated fund of no more than $150,000 every fiscal year to be used solely by the Department of Natural Resources to investigate concerns of exposure to radioactive waste. The manner in which an investigation shall occur is set forth in the act and any funds remaining in the fund at the end of the biennium shall revert to the credit of the Hazardous Waste Fund.

This provision is identical 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 302.176 and 302.025)

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).

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).

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).

RECORDS (Sections 610.210 and 650.035)

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 the perfected version SS/SCS/SB 966 (2018).

MIKE WEAVER