SB 18
Modifies provisions related to law enforcement agencies and the POST Commission
Sponsor:
May
LR Number:
5860S.02I
Last Action:
8/7/2020 - Second Read and Referred S Transportation, Infrastructure and Public Safety Committee
Journal Page:
S34
Title:
Calendar Position:
Effective Date:
90 days after adjournment

Current Bill Summary

SB 18 - This act creates and modifies provisions relating to public safety.

PROGRAM FOR EMERGENCY SERVICE PROVIDERS (Section 190.1050)

This act creates the "Critical Incident Stress Management Program". The program shall provide services for emergency service providers to assist in coping with stress and potential psychological trauma resulting from a response to a critical incident or emotionally difficult event. Such information disclosed by an emergency service provider shall be privileged and not disclosed except for certain situations as provided in the act.

The "Critical Incident Stress Management Program Fund" shall be created within the state treasury and shall be used by the Department of Health and Senior Services for the purposes of providing such services to emergency health providers.

DEFINITIONS (Section 590.010)

This act adds the definitions of "carotid restraint" to provisions relating to the training and discipline of peace officers.

This provision substantially similar to SB 16 (First Extra Session 2020).

POST COMMISSION TRAINING MATERIALS (Section 590.030)

Under current law, the POST Commission establishes minimum standards for the basic training of peace officers. This act modifies these provisions to require the Director of the Department of Public Safety to review all training materials, licenses of law enforcement basic training centers, and basic training instructors of the POST Commission. The Director shall conduct reviews as provided in the act. Additionally, this act requires training in de-escalation and community policing tactics.

This provision is identical to SB 16 (First Extra Session 2020).

BASIC TRAINING OF PEACE OFFICERS (Section 590.040)

This act adds training certification requirements for peace officers which shall include de-escalation training and the use of body-worn cameras. Additionally, the basic training of every peace officer shall prohibit the use of maneuvers that restrict blood or oxygen flow to the brain, or prevents or hinders breathing or reduces the intake of air, such has knee-holds, choke-holds, or similar acts of applying force or pressure to the neck, unless deadly force is necessary.

This provision is substantially similar to SB 16 (First Extra Session 2020).

POST COMMISSION (Section 590.120)

Currently, the POST Commission is made up of 11 members, including one voting public member who is a registered voter, a person who is not and never has been a member of a law enforcement agency or a spouse of such a person, and a person who does not have a material financial interest in a law enforcement agency.

This act provides that the POST Commission shall have a total of 13 members which shall include three voting public members.

LICENSURE STATUS OF OFFICERS MAKING ARRESTS (Section 590.180)

This act repeals the provision that no arrest shall be deemed unlawful solely because of the licensure status of a peace officer.

Additionally, this act provides that a law enforcement agency shall perform a preliminary licensure check on any law enforcement officer before beginning employment. If such officer has lost his or her certification by the POST Commission or has resigned or been laid off due to disciplinary misconduct, the law enforcement agency shall deny such law enforcement officer employment.

These provisions are similar to SB 16 (First Extra Session 2020).

WRITTEN POLICIES FOR OFFICER-INVOLVED DEATHS (Section 590.510)

Every law enforcement agency shall have a written policy regarding the investigation of an officer-involved death. Such a written policy shall require certain investigatory measures as provided in the act. The investigators conducting an investigation shall provide a complete report to the prosecutor of the county in which the death occurred.

This provision is identical to SB 16 (First Extra Session 2020) and HB 1923 (2020).

WRITTEN POLICIES FOR DUTIES OF OFFICERS (Section 590.512)

Every law enforcement agency shall have a written policy regarding the duty for officers to intervene and report excessive or illegal use of force. Additionally, every law enforcement agency shall have a written policy regarding the use of deadly force.

The POST Commission shall have the authority to investigate all law enforcement agencies to ensure compliance.

ADVISORY COUNCIL FOR PEACE OFFICERS (Section 590.530)

This act established the "Ensuring Police Excellence and Improving Community Relations Advisory Council". The council shall assist the POST Commission in maintaining policies and regulating peace officers. The Council shall be made up of a total of 15 members as provided in the act.

The POST Commission shall be required to place the Council's recommendations on their meeting agenda and shall submit an annual report to the General Assembly regarding the Council's findings.

OFFICER MISCONDUCT DATABASE (Section 590.575)

The POST Commission shall create and maintain a database that shall store public data related to officer misconduct. Each law enforcement agency shall submit individual officer data which shall be redacted of personal identifying information of the officer.

The POST Commission shall submit an annual report using the information from the database to the Attorney General which shall evaluate the effectiveness of officer training and identify patterns of behavior of peace officers.

PROHIBITION OF CAROTID RESTRAINTS (Section 590.651)

This act provides that all law enforcement agencies shall prohibit the use of a carotid restraint or choke-hold. The use of such restraints shall be defined as deadly force under the law and shall be reported to the Attorney General for publication.

This act provides that all law enforcement agencies shall prohibit the use of "warrior-style" training. Such training shall include tactics which dehumanize a person or encourages aggressive conduct by a peace officer.

This provision is substantially similar to SB 16 (First Extra Session 2020).

EXCESSIVE FORCE COMPLAINTS (Section 590.656)

Each state and local law enforcement agency shall send a report of all complaints alleging excessive use of force to the Attorney General. The report shall include information regarding the age, gender, and race of the individual alleging the complaint.

Additionally, each state and local law enforcement agency shall send a report to the Attorney General of all instances of deadly force by law enforcement officers.

MARY GRACE BRUNTRAGER

Amendments

No Amendments Found.