SB 26
Creates provisions relating to public safety
Sponsor:
LR Number:
0828S.07T
Committee:
Last Action:
5/25/2021 - Delivered to Governor
Journal Page:
Title:
CCS#2 HCS SS#2 SB 26
Calendar Position:
3
Effective Date:
August 28, 2021
House Handler:

Current Bill Summary

CCS#2/HCS/SS/SCS/SB 26 - This act modifies provisions relating to public safety.

DEPARTMENT OF CORRECTIONS (Sections 56.380, 56.455, 105.950, 149.071, 149.076, 214.392, 217.010, 217.030, 217.250, 217.270, 217.362, 217.364, 217.455, 217.541, 217.650, 217.655, 217.690, 217.692, 217.695, 217.710, 217.735, 217.829, 217.845, 549.500, 557.051, 558.011, 558.026, 558.031, 558.046, 559.026, 559.105, 559.106, 559.115, 559.125, 559.600, 559.602, 559.607, 566.145, 571.030, 575.205, 575.206, 589.042, 650.055, & 650.058)

This act replaces the "Department of Corrections and Human Resources" with "Department of Corrections" and the "board of probation and parole" with the "Division of Probation and Parole" or the "Parole Board".

This act also adds that the chairperson of the board shall employ employees as is necessary to carry out duties, serve as the appointing authority over such employees, and provide for appropriate training to members and staff.

This act repeals the provision that the chairperson of the board shall also be the Director of the Division of Probation and Parole. These provisions are substantially similar to SB 862 (2020).

These provisions are identical to provisions in SS/SB 212 (2021).

LOCAL LAW ENFORCEMENT BUDGETS (Section 67.030)

Under current law, the governing body of each political subdivision may revise, alter, increase, or decrease items in a proposed budget. This act provides that any taxpayer of a political subdivision may initiate an action for injunctive relief, which the court shall grant, if the governing body of such political subdivision decreases the budget for its law enforcement agency, excluding school officers of school districts, by an amount exceeding more than 12% relative to the proposed budgets of other departments of the political subdivision over a five year aggregate amount.

These provisions are identical to provisions in SCS/SB 66 (2021).

BATTERY-CHARGED FENCES (Section 67.301)

This act provides that no city, county, town, village, or political subdivision may adopt or enforce an ordinance, order, or regulation that requires a permit for the installation or use of a battery-charged fence in addition to an alarm system permit issued by such city, county, town, village, or political subdivision. Additionally, such political subdivisions shall not adopt an ordinance or order that imposes installation requirements for such fences or alarm systems or prohibit the use of a battery-charged fence.

As used in this act, a battery-charged fence is a fence that interfaces with an alarm system in a manner that enables the fence to cause the connected alarm system to transmit a signal to summon law enforcement in response to a burglary. Such fence must be located on a property not designated for residential use, produce not more than 12 volts of direct current, as well as meet other specifications as provided in the act.

This provision is identical to SB 470 (2021).

PHYSICAL SECURITY MEASURES (Section 67.494)

No political subdivision shall enact any ordinance that regulates the physical security measures around private property, except that a political subdivision may regulate the aesthetics of physical security measures, access to public right-of-way, structural soundness of physical security measures, or changes to the drainage of a property.

This provision is identical to HB 1331 (2021).

POLICE COMMISSIONERS (Section 84.400)

This act provides that a member of the Kansas City board of police commissioners or any member of such police force may be appointed to serve on any state or federal board, commission, or task force where no compensation for such service is paid, except that such board member may accept a per diem or reimbursement for necessary expenses for attending meetings.

These provisions are identical to provisions in SCS/SBs 53 & 60 (2021).

EMERGENCY SERVICES (Section 190.307 & 650.335)

This act adds that a public agency that operates an emergency system shall have sovereign immunity and official immunity from civil damages.

Additionally, if a county has an elected emergency services board, the elected emergency service board shall be eligible for loan funds or other financial assistance.

This provision is identical to HB 1161.

ELIGIBILITY FOR PAROLE (Sections 217.690 & 217.692)

This act provides that any offender sentenced to a term of imprisonment amounting to 15 years or more or multiple terms that amount to 15 years or more who was under 18 years of age at the time of the commission of the offense may be eligible for parole after serving 15 years of incarceration regardless of whether the case is final for the purpose of appeal. Such person may be eligible for reconsideration hearings in accordance with Parole Board regulations.

These provisions are identical to HB 636 (2021).

PESTICIDE CERTIFICATION AND TRAINING (Sections 281.015-281.101):

This act modifies provisions relating to pesticide certification and training.

The act creates and modifies several definitions related to pesticides.

The act repeals a provision allowing the Director of the Department of Agriculture to provide by regulation for the one-time emergency purchase and use of a restricted use pesticide by a private applicator.

The Director may, by regulation, classify licenses, including a license for noncertified restricted use pesticide applicators.

No individual shall engage in the business of supervising the determination of the need for the use of any pesticide on the lands of another without a certified commercial applicator's license issued by the Director.

No certified commercial applicator shall knowingly authorize, direct, or instruct any individual to engage in determining the need for the use of any restricted pesticide on the land of another unless such individual is licensed as a noncertified restricted use pesticide applicator while working under the direct supervision of a certified commercial applicator in which case the certified commercial applicator shall be liable for any use of a restricted use pesticide by an individual operating under the certified commercial applicator's direct supervision.

No certified noncommercial applicator shall knowingly authorize, direct, or instruct any individual to engage in using any restricted use pesticide on lands or structures owned, leased, or rented by the certified noncommercial applicator or the certified noncommercial applicator's employer unless such individual is licensed as a noncertified restricted use pesticide applicator while working under the direct supervision of a certified noncommercial applicator in which case the certified noncommercial applicator shall be liable for any use of a restricted use pesticide by an individual operating under the certified noncommercial applicator's direct supervision.

No pesticide technician shall use or determine the need for the use of any pesticide unless there is a certified commercial applicator, certified in categories as specified by regulation, working from the same physical location as the licensed pesticide technician. A pesticide technician may complete retraining requirements and renew the technician's license without a certified commercial applicator working from the same physical location.

No certified private applicator shall knowingly authorize, direct, or instruct any individual to engage in using any restricted use pesticide on lands or structures owned, leased, or rented by the certified private applicator or the certified applicator's employer unless such individual is licensed as a certified private applicator or a certified provisional applicator.

A private applicator shall qualify for a certified private applicator's license or a certified provisional applicator's license by attending an approved program, completing an approved certification course, or passing a certification examination as listed in the act.

The University of Missouri extension may collect reasonable fees, for training and study materials, for attendance of a certification training program, and for an online certification training program. Such fees shall be assessed based on the majority option decision of a review committee convened every 5 years by the Director. Such fees shall not exceed $75 unless certain members of the review committee vote unanimously in favor of setting a higher fee. The committee shall be composed of members as set forth in the act.

A certified private applicator holding a valid license may renew such license for 5 years upon successful completion of recertification training or by passing the required private applicator certification examination.

On the date of the certified provisional private applicator's 18th birthday, his or her license will automatically be converted to a certified private applicator license reflecting the original expiration date from issuance. A certified provisional private applicator's license shall expire 5 years from date of issuance and may then be renewed as a certified private applicator's license without charge or additional fee.

A provision allowing a private applicator to apply for a permit for the one-time emergency purchase and use of restricted use pesticides is repealed.

No certified public operator shall knowingly authorize, direct, or instruct any individual to engage in using any restricted use pesticide on lands or structures unless such individual is licensed as a noncertified restricted use pesticide applicator while working under the direct supervision of a certified public operator in which case the certified public operator shall be liable for any use of a restricted used pesticide by an individual operating under the certified public operator's direct supervision.

Any person who volunteers to work for a public agency may use general use pesticides without a license under the supervision of the public agency on lands owned or managed by the state agency, political subdivision, or governmental agency.

The act creates provisions relating to the use of restricted pesticides. An application for a noncertified restricted use pesticide applicator's license shall follow requirements as set forth in the act and once licensed, a restricted use pesticide applicator shall use pesticides as set forth in the act, including when under supervision of another individual licensed by the Department of Agriculture.

Each pesticide dealership location or outlet from which restricted use pesticides are distributed, sold, held for sale, or offered for sale at retail or wholesale direct to the end user shall have at least one individual licensed as a pesticide dealer. Any individual possessing restricted use pesticides and selling or holding and offering for sale such pesticides from a motor vehicle shall be licensed as a pesticide dealer. No individual shall be issued more than one pesticide dealer license.

Each applicant for a pesticide dealer's license shall pass a pesticide dealer examination provided by the Director.

Licensed certified applicators, licensed noncertified restricted use pesticide applicators, licensed pesticide technicians, and licensed pesticide dealers shall notify the Department within 10 days of any conviction of or plea to any offense listed in the act.

The Director may issue a pesticide applicator certification on a reciprocal basis with other states without examination to a nonresident who is licensed as a certified applicator in accordance with the reciprocating state's requirements and is a resident of the reciprocating state.

The act repeals a provision stating that a nonresident applying for certain pesticide licenses to operate in Missouri shall designate the Secretary of State as the agent of such nonresident upon whom process may be served unless the nonresident has designated a Missouri resident agent.

The act prohibits any person to use or supervise the use of pesticides that are cancelled or suspended. It is unlawful for any person not holding a valid certified applicator license in proper certification categories or a valid pesticide dealer license to purchase or acquire restricted use pesticides. Additionally, it is unlawful for any person to steal or attempt to steal pesticide certification examinations or examination materials, cheat on pesticide certification examinations, evade completion of recertification or retraining requirements, or aid and abet any person in an attempt to steal examinations or examination materials, cheat on examinations, or evade recertification or retraining requirements.

These provisions shall become effective on January 1, 2024.

These provisions are similar to SCS/SB 491 (2021), HCS/HB 1125 (2021), SB 1082 (2020), and HB 2532 (2020).

DISPLAY OF FIXED, FLASHING, OR ROTATING LIGHTS (Sections 304.022 and 307.175)

This act allows coroners, medical examiners, and forensic investigators of the county medical examiner's office or a similar entity to display emergency lights on their vehicles or equipment when responding to a crime scene, motor vehicle accident, workplace accident, or any location where their services are requested by law enforcement, and accordingly modifies the definition of "emergency vehicle" for purposes of motorists' obligation to yield to emergency vehicles displaying emergency lighting.

These provisions are identical to provisions in HCS/SS/SB 89 (2021) and provisions in HCS/HB 307 (2021), and similar to HB 380 (2021).

SALE OF ALCOHOL BY FELONY OFFENDERS (Sections 311.060, 311.660, and 313.220)

This act provides that the Supervisor of Liquor Control shall not prohibit a person from participating in the sale of alcohol solely on the basis of being found guilty of a felony offense.

This act repeals the provision requiring an employer that has a liquor license to report to the Division of Liquor Control within the Department of Public Safety any employee who has been convicted of a felony. Additionally, the Missouri Gaming Commission shall not prohibit a person from participating in the sale of lottery tickets solely on the basis of being found guilty of a criminal offense, but the person is not eligible to be a licensed lottery game retailer.

These provisions are identical to HB 316 (2021) and to provisions in HCS/SS/SCS/SB 600 (2020) and HB 1468 (2020).

GAMBLING BOATS (Sections 313.800, 313.805, and 313.812)

Current law defines "excursion gambling boat" as a boat, ferry, or other floating facility. This act modifies such definition to include nonfloating facilities, which are defined as any structure within 1,000 feet of the Missouri or Mississippi rivers that contains at least 2,000 gallons of water beneath or inside the facility.

This act also modifies current law relating to the licensure of excursion gambling boats to allow for nonfloating facilities.

This act is identical to HB 507 (2021) and SB 506 (2021).

SURVEILLANCE CAMERAS (Section 542.525)

This act provides that no employee of a state agency or a political subdivision shall place any surveillance camera or game camera on private property without first obtaining consent from the landowner or his or her designee, a search warrant pursuant to law, or permission from the highest ranking law enforcement chief or officer of the agency or political subdivision, provided that permission of the highest ranking law enforcement chief or officer is valid only when the camera is facing a location that is open to public access or use and the camera is located within 100 feet of the intended surveillance location.

This provision is identical to SCS/SB 449 (2021).

OFFENSES INELIGIBLE FOR PROBATION (Section 557.045)

This act adds to the offenses ineligible for probation any dangerous felony where the victim is a law enforcement officer, firefighter, or an emergency service provider while in the performance of his or her duties.

These provisions are identical to provisions in SCS/SB 66 (2021).

SPECIAL VICTIMS (Section 565.058)

Any special victim as defined by law shall not be required to reveal any current address or place of residence except to the court in camera for the purpose of determining jurisdiction and venue.

Additionally, any special victim may file a petition with the court alleging assault in any degree by using his or her identifying initials instead of his or her legal name if said petition alleges that he or she would be endangered by such disclosure.

These provisions are identical to provisions in HCS/SS/SB 26 (2021).

VANDALISM (Section 574.085)

Under current law, a person commits the offense of institutional vandalism if he or she knowingly vandalizes certain structures. This act provides that a person shall be guilty of a Class E felony if he or she knowing vandalizes any public monument or structure on public property.

These provisions are identical to provisions in SCS/SB 66 (2021).

OFFENSE OF INTERFERENCE WITH A HEALTH CARE FACILITY (Section 574.203)

This act provides that a person, excluding any person who is developmentally disabled, commits the offense of interference with a health care facility if the person willfully or recklessly interferes with a health care facility or employee of a health care facility by: (1) Causing a peace disturbance while inside a health care facility; (2) Refusing an order to vacate a health care facility when requested to by an employee; or (3) Threatening to inflict injury on the patients or employees, or to inflict damage on the facility.

Such offense is a Class D misdemeanor for the first offense and a Class C misdemeanor for any second or subsequent offense.

These provisions are identical to provisions in HCS/SS/SB 26 (2021) and HCS/HB 1022 (2021).

OFFENSE OF INTERFERENCE WITH AN AMBULANCE SERVICE (Section 574.204)

This act provides that a person commits the offense of interference with an ambulance service if the person acts alone or in concert with others to willfully or recklessly interfere with access to or from an ambulance or willfully disrupt any ambulance service by threatening to inflict injury on any person providing ambulance services or damage the ambulance. Such offense is a class D misdemeanor for the first offense and a Class C misdemeanor for any second or subsequent offense.

These provisions are identical to provisions in HCS/HB 1022 (2021).

PEACE OFFICER LICENSURE (Sections 590.030)

Under current law, all licensed peace officers, as a condition of licensure, must obtain continuing law enforcement education and maintain a current address of record on file with the POST Commission.

This act provides that in addition to those requirements for licensure, peace officers must submit to being fingerprinted on or before January 1, 2022, and every six years thereafter and also submit to fingerprinting for the purposes of a criminal history background check and enrollment in the state and federal Rap Back Program.

Additionally, any time a peace officer is commissioned with a different law enforcement agency he or she must submit to being fingerprinted. The criminal history background check shall include the records of the Federal Bureau of Investigation. The resulting report shall be forwarded to the peace officer's law enforcement agency. The Rap Back enrollment shall be for the purposes of peace officer disciplinary reports as required by law. Law enforcement officers and law enforcement agencies shall take all necessary steps to maintain officer enrollment in Rap Back for as long as an officer is commissioned with that agency. All law enforcement agencies shall enroll in the state and federal Rap Back programs on or before January 1, 2022.

These provisions are identical to provisions in SCS/SB 289 (2021) and similar to HB 839 (2021).

988 PUBLIC SAFETY FUND (Section 590.192)

This act creates the "988 Public Safety Fund" within the state treasury and shall be used by the Department of Public Safety for the purposes of providing services for peace officers to assist in coping with stress and potential psychological trauma resulting from a response to a critical incident or emotionally difficult event. Such services may include consultation, risk assessment, education, intervention, and other crisis intervention services.

LAW ENFORCEMENT OFFICER DISCIPLINARY ACTIONS (Section 590.502)

This act provides that when a law enforcement officer who reasonably believes he or she is under investigation which could lead to disciplinary action, demotion, dismissal, transfer, or placement that could lead to economic loss, the investigation shall include the following conditions:

• The law enforcement officer shall be informed in writing of the existence and nature of the alleged violation and who will be conducting the investigation;

• Any complaint filed shall be supported by a written statement outlining the complaint;

• Any investigation shall be conducted for a reasonable length of time and only while the officer is on duty unless reasonable circumstances prevent such questioning while on duty;

• Prior to an interview session the law enforcement officer shall be informed that he or she is being ordered to answer questions under threat of disciplinary action and that the officer's answers to the questions will not be used against the officer in a criminal proceeding.

• Any investigation shall be conducted at a secure location at the agency that is conducting the investigation or the office of the officer unless the officer consents to another location;

• The law enforcement officer shall be questioned by up to two investigators and shall be informed of the name and rank of each questioning officer;

• Law enforcement officers shall not be threatened, harassed, or promised rewards for answering questions, except that a law enforcement officer may be compelled to give protected statements to an investigator under direct control of the agency;

• Law enforcement officers are entitled to have an attorney or duly authorized representative present during questioning and prior to the questioning the officer and his or her representative shall have the opportunity to review the complaint;

• A complete record of the investigation shall be kept by the agency and a copy shall be provided to the officer upon request;

• The agency conducting the investigation shall have 90 days to complete such investigation and may extend the investigation under certain circumstances;

• The officer shall be informed in writing within 5 days of the conclusion of the investigative findings and any recommendations for further action; and

• A complete record of the administrative investigation shall be kept by the law enforcement agency and all records shall be confidential and not subject to disclosure under Sunshine Law, except by lawful subpoena or court order.

Any law enforcement officer suspended without pay shall be entitled to a full due process hearing as provided in the act. Any decision following the hearing shall be in writing and shall include findings of fact.

This act provides that law enforcement officers shall have the opportunity to provide a written responses to any adverse materials in their personnel file.

Law enforcement officers shall have the right to compensation for any economic loss incurred during an investigation if the officer is found to have committed no misconduct.

Employers shall defend and indemnify law enforcement officers against civil claims made against an officer while the officer was acting within his or her duties as a law enforcement officer. If any criminal convictions arise out of the same conduct, the employer is no longer obligated to defend the officer in the civil claim. Law enforcement officers shall not be disciplined or dismissed as a result of the assertion of their constitutional rights in any judicial proceeding, unless the officer admits to wrong-doing.

This act provides that a law enforcement officer may bring an action for enforcement of these provisions in the circuit court for the county in which the law enforcement agency or governmental body has its principal place of business. Upon a finding by a preponderance of the evidence that a law enforcement agency or governmental body has purposely violated this act, the court shall void any action taken in violation of this section. Suit for enforcement shall be brought within one year from which the violation is ascertainable.

Finally, a law enforcement agency that has substantially similar or grater procedures shall be deemed in compliance with this act.

These provisions are similar to SB 1053 (2020) and HB 1889 (2020).

POLICE USE OF FORCE DATABASE (Section 590.1265)

This act establishes the "Police Use of Force Transparency Act of 2021."

Each law enforcement agency shall, at least annually, collect and report local data on use-of-force incidents involving peace officers to the National Use of Force Data Collection through the Law Enforcement Enterprise Portal administered by the Federal Bureau of Investigation (FBI).

Additionally, each law enforcement agency shall submit such information to the Department of Public Safety. The personally identifying information of individual peace officers shall not be included in the reports. The Department of Public Safety shall, no later than June 30, 2022, develop standards and procedures governing the collection and reporting of use-of-force data. The standards shall be consistent with the requirements, definitions, and methods of the National Use of Force Data Collection administered by the FBI.

The Department of Public Safety shall publish the data reported by law enforcement agencies in a publicly available report. Finally, the Department of Public Safety shall undertake an analysis of any trends and disparities in rates of use of force by all law enforcement agencies, with a report to be released to the public no later than January 1, 2025. The report shall be updated at least every five years.

These provisions are substantially similar to provisions in SCS/SB 74 (2020) and similar to HB 998 (2021) and HB 59 (2021).

EXPUNGEMENT (Section 610.140)

Under current law, any rights that were restricted as a collateral consequence of a person's criminal record shall be restored upon issuance of the order of expungement. This act adds that if a person was convicted of a federal misdemeanor crime of domestic violence, an order of expungement granted under this act shall be considered a complete removal of all effects of the expunged conviction.

This provision is identical to SB 540 (2021).

MARY GRACE BRUNTRAGER