SS/SCS/HCS/HB 59 - This act modifies provisions relating to public safety.
ATTORNEY GENERAL RESIDENCY REQUIREMENT (Section 27.010)
This act repeals the requirement that the Attorney General must reside in Jefferson City, Missouri.
These provisions are identical to provisions in SCS/SB 314 (2021) and HCS/HB 1787 (2020).
BASE SALARY SCHEDULES FOR COUNTY OFFICIALS (Section 50.327)
Under current law, the salary schedule for a county sheriff shall be set as a base schedule according to law and the salary commission may increase the compensation of a county sheriff up to $6,000 greater than the salary schedule. This act repeals the provisions relating to the salary schedule for county sheriffs.
Additionally, this act repeals the provision that the salary commission of any third class county may amend the base schedules of county officials to include certain assessed valuation factors.
These provisions are identical to provisions in SCS/SB 510 (2021).
COURT COSTS COLLECTED BY SHERIFFS (Section 57.280)
Under current law, sheriffs who serve any summons, writ, or other order of the court may collect fees in civil cases. These court fees are collected by the court clerk and held in certain state and local funds.
This act provides that a charge of up to $50 may be received by a sheriff for service of any summons, writ, or order for an eviction proceeding. All charges shall be collected by the sheriff prior to the service being rendered and paid to the county treasurer. The funds shall be held in a fund established by the county treasurer and may be expended at the discretion of the sheriff for the furtherance of the sheriff's set duties.
These provisions are substantially similar to SB 404 (2021).
COMPENSATION OF COUNTY SHERIFFS (Section 57.317)
This act provides that the county sheriff in any first and second class county shall receive an annual salary equal to 80% computed by a salary schedule as provided in the act.
Additionally, this act provides that the county sheriff in any third or fourth class county shall receive an annual salary computed by a salary schedule as provided in the act. The salary schedule shall be based off a percentage of the salary of associate circuit judges and no sheriff's salary shall be reduced from the prior year.
Finally, this act provides that the county sheriff in any county other than a charter county shall not receive an annual compensation less than the compensation provided under this act.
These provisions are substantially similar to provisions in SCS/SB 510 (2021) and to HB 1132 (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, accept that such board member may accept a per diem or reimbursement for necessary expenses for attending meetings.
This provision is identical to a provision in SS/SCS/SBs 53 & 60 (2021).
KANSAS CITY POLICE DEPARTMENT RESIDENCY REQUIREMENTS (Section 84.575)
This act provides that the Board of Police Commissioners in Kansas City shall not require, as a condition of employment, that any currently employed or prospective law enforcement officer or other employee reside within any jurisdictional limit. Any current residency requirement in effect on or before August 28, 2021, shall not apply and shall not be enforced.
Additionally, the Board of Police Commissioners may impose a residency rule, but the rule or requirement shall be no more restrictive than requiring such personnel to reside within thirty miles from the nearest city limit and within the boundaries of the state of Missouri.
EXPOSING OTHERS TO SERIOUS INFECTIOUS OR COMMUNICABLE DISEASES (Sections 191.677,545.940, 575.155, & 575.157)
Under current law, it is illegal for a person knowingly infected with HIV to donate blood, organs, tissue, or sperm, unless for medical research, as well as illegal for such person to act recklessly in exposing another person to HIV without their knowledge and consent.
This act modifies those provisions to make it unlawful for a person knowingly infected with a serious infectious or communicable disease to: (1) donate blood, organs, tissue, or sperm, unless for medical research or as deemed medically appropriate by a licensed physician; (2) knowingly expose another person to the disease through an activity that creates a substantial risk of transmission; or (3) act in a reckless manner by exposing another person to the disease through an activity that creates a substantial risk of disease transmission. A "serious infectious or communicable disease" is defined as a non-airborne or non-respiratory disease spread from person to person that is fatal or causes disabling long-term consequences in the absence of lifelong treatment and management. The penalty for donation of blood, organs, tissue, or sperm while knowingly infected with the disease or knowingly exposing another person to the disease shall be a Class D felony, rather than the current Class B felony, and a Class C felony, rather than the current Class A felony, if the victim contracts the disease. The penalty for recklessly exposing another person is a Class A misdemeanor.
It shall be an affirmative defense to this offense if the person exposed to the disease knew that the infected person was infected with the disease at the time of the exposure and consented to the exposure.
This act specifies the actions to be taken during a judicial proceeding to protect the identifying information of the victim and the defendant from public release, except as otherwise specified. Additionally, this amendment changes similar provisions involving exposure of persons in correctional centers, jails, or certain mental health facilities to HIV or hepatitis B or C to exposure to a serious infectious or communicable disease when the nature of the exposure to the bodily fluid has been scientifically shown to be a means of transmission of the disease.
These provisions are identical to provisions in SCS/HB 530 & HCS/HB 292 (2021) and substantially similar to HCS/HB 755 (2021) and SCS/SB 65 (2021) and similar to HB 1691 (2020).
JUVENILE DETENTION (Section 211.072)
This act provides that a juvenile, under the age of 18, who has been certified to stand trial as an adult, if currently placed in a secure juvenile detention, shall remain in juvenile detention, pending finalization of the judgment and completion of appeal, if any, of the judgment dismissing the juvenile petition to allow for prosecution under the general law, unless otherwise ordered by the juvenile court.
Upon any final judgment on appeal of the petition to dismiss prosecution of the juvenile under the general laws, and adult charges being filed, if the juvenile is currently in juvenile detention, the juvenile shall remain in detention unless the juvenile posts bond or the juvenile is transferred to an adult jail.
Additionally, this act provides that if the juvenile officer does not believe detention in a secure juvenile detention facility would be an appropriate placement or would continue to serve as an appropriate placement, the juvenile officer may file a motion in the adult criminal case, requesting that the juvenile be transferred from juvenile detention to jail. The court shall hear evidence relating to the appropriateness of the juvenile remaining in juvenile detention or being transferred to an adult jail. At the hearing, the juvenile, the juvenile's parents and counsel, the prosecuting attorney, and others as provided in the act, shall have the opportunity to present evidence and recommendations.
Following the hearing, the court shall order that the juvenile continue to be held in a secure juvenile detention facility or shall order that the pre-trial certified juvenile be held in an adult jail, but only after the court has made findings that it would be in the best interest of justice to move the pre-trial certified juvenile to an adult jail. The court shall weigh certain factors, as provided in the act, when deciding whether to detain a certified juvenile in an adult jail. In the event the court finds that it is in the best interest of justice to require the certified juvenile to be held in an adult jail, the court shall hold a hearing once every 30 days to determine whether the placement of the certified juvenile in an adult jail is still in the best interest of justice.
This act provides that a juvenile cannot be held in an adult jail for more than 180 days unless the court finds, for good cause, that an extension is necessary or the juvenile waives the 180-day maximum period.
Effective December 21, 2021, all previously certified, pre-trial juveniles, under the age of 18, who had been certified prior to August 28, 2021 shall be transferred from adult jail to a secure juvenile detention facility, unless a hearing is held and the court finds that it would be in the best interest of justice to keep the juvenile in the adult jail. All certified juveniles who are held in adult jails shall continue to be subject to the protections of the Prison Rape Elimination Act (PREA) and shall be physically separated from adult inmates.
If the certified juvenile remains in juvenile detention, the juvenile officer may file a motion to reconsider placement and a hearing shall be held as provided in the act. The court may amend its earlier order in light of the evidence and arguments presented at the hearing if the court finds that it would not be in the best interest of justice for the juvenile to remain in a juvenile detention facility.
The issue of setting or posting bond shall be held in the pre-trial certified juvenile's adult criminal case.
Finally, this act provides that upon attaining the age of 18 or upon conviction on the adult charges, the juvenile shall be transferred from juvenile detention to the appropriate adult facility. Any responsibility for transportation of the certified juvenile who remains in a secure juvenile detention facility shall be handled in the same manner as in all other adult criminal cases where the defendant is in custody.
These provisions are identical to provisions in SCS/SB 440 (2021).
DEPARTMENT OF CORRECTIONS (Chapter 217)
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).
STIMULUS FUNDS TO INMATES (Section 217.845)
This act provides that offenders who receive funding from the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act shall use such funds to make restitution payments ordered by a court resulting from a conviction of a violation of any local, state, or federal law.
These provisions are identical to provisions in SCS/SB 374 (2021).
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).
OFFENSE OF STALKING (Section 455.010)
Under current law relating to the issuance of orders of protection, "stalking" is defined as a pattern of conduct composed of two or more acts over a period of time that serves no legitimate purpose and may include following the other person or unwanted communication or contact. This act modifies that definition to mean two or more acts that serve no legitimate purpose including, but not limited to, acts in which the stalker directly, indirectly, or through a third party follows, monitor, observes, surveils, threatens, or communicates to a person by any action, method, or device.
These provisions are identical to HCS/HB 292 (2021).
ORDERS OF PROTECTION (Sections 455.032, 455.040, 455.045, 455.050, 455.513, 455.520, & 455.523)
Under this act, adult protection orders and child protection orders, full or ex parte, may be granted to restrain or enjoin an individual from committing or threatening to commit abuse against a pet. A protection order may include an order of possession of the pet where appropriate, as well as any funds needed to cover the medical costs resulting from abuse of the pet. "Pet" is defined in this act as a living creature maintained by a household member for companionship and not for commercial purposes.
These provisions are identical to provisions in SS/SCS/SB 71 (2021) and SCS/HCS/HB 744 (2021), HB 2626 (2020), and SB 959 (2020).
Under current law, a court may issue a full adult order of protection, after a hearing, for at least 180 days and not exceeding one year. Under this act, if the court finds, after an evidentiary hearing, that the respondent poses a serious danger to the physical or mental health of the petitioner or a minor household member, the protective order shall be valid for at least two years and not more than ten years. The full order may be renewed annually for a period of at least 180 days and not more than one year from the expiration date of the previously issued order; except, in cases where the court finds the respondent poses a serious danger to the petitioner or a minor household member, then the order may be renewed periodically and shall be valid for at least two years and up to the life of the respondent. The court may include a provision that any full order of protection shall be automatically renewed for any term of renewal as set forth in this act.
If a court finds that the respondent poses a serious risk to the petitioner or a minor household member, the court shall not modify the order until a period of at least two years from the date of the original full order of protection was issued and only after a hearing and making written findings that the respondent has shown proof of treatment and rehabilitation and no longer poses a serious danger.
Under current law, the clerk issues a copy of any order of protection to the local law enforcement agency responsible for maintaining the Missouri Uniform Law Enforcement System (MULES) the same day the order is granted and the local law enforcement agency enters the information contained in the order into MULES. Under this act, the court shall provide all the necessary information regarding the order of protection for entry into MULES and the National Crime Information Center (NCIC). The sheriff shall enter the information into MULES within twenty-fours hours and MULES shall forward that information to NCIC, thus making the order viewable in the National Instant Criminal Background Check System (NICS).
These provisions are identical to provisions of SS/SCS/SB 71 (2021), SCS/SB 415 (2021), and SCS/HCS/HB 744 (2021).
CRIME LABORATORY FEES (Section 488.029)
This act provides that there shall be assessed and collected a surcharge of $150 in all criminal cases for any controlled substance offense in which a crime laboratory makes an analysis of a controlled substance, but no such surcharge shall be assessed when the costs are waived or are to be paid by the state or if the proceeding as been dismissed by a court.
This provision is identical to a provision in SCS/HB 530 (2021).
FORFEITURE BY WRONGDOING (Section 491.016)
This act provides that a statement made by a witness, which would otherwise not be admissible, is admissible as substantive evidence when the court finds by a preponderance of evidence that:
• The defendant engaged in or acquiesced to wrongdoing with the intent of causing the unavailability of the witness;
• The wrongdoing in which the defendant engaged or acquiesced to has caused or substantially contributed to cause the unavailability of the witness;
• The state exercised due diligence to secure by subpoena or other means the attendance of the witness, or the witness is unavailable because the defendant caused or acquiesced in the death of the witness; and
• The witness fails to appear at the proceeding.
Additionally, this act provides that in a jury trial, the hearing and finding to determine the admissibility of the statement shall be held and found outside the presence of the jury and before the case is submitted to the jury.
This act is identical to SCS/SB 402 (2021) and HCS/HB 548 (2021) and similar to HB 2 (First Extraordinary Session 2020), SB 4 (First Extraordinary Session 2020), and HCS/HB 1964 (2020).
48-HOUR HOLDS WITHOUT A WARRANT (Section 544.170)
Under current law, all persons arrested and confined in any jail, without warrant or other process, for any alleged breach of the peace or other criminal offense, shall be discharged from custody within 24 hours from the time of arrest, unless they are charged with a criminal offense.
This act changes the period of detention on arrest without a warrant to 48 hours if a person is arrested for a criminal offense involving a dangerous felony or deadly weapon.
This act is identical to SB 130 (2021) and SCS/SB 520 (2020).
CONDITIONS OF RELEASE AND BAIL (Section 544.453)
This act provides that the following shall apply when a judge or judicial officer sets bail in all courts in Missouri and shall be applicable to all offenses charged:
• When setting bail and conditions of release, consideration of public safety shall be given considerable weight;
• A release on one's own recognizance shall consist of the defendant's signature and promise to appear in court and also to comply with all non-monetary conditions of release without having to post any cash, surety, or property as security;
• There shall be no presumptions in favor of release on one's own recognizance in any category of offenses, specific offenses, or gradations of offenses; and
• There shall be a presumption against release on one's own recognizance with or without non-monetary conditions of release that may be overcome by clear and convincing evidence that a person is not a flight risk or danger to the community as provided in the act.
Additionally, a judge shall set bail in a single monetary amount, which shall be fully secured by the defendant in a method of the defendant's choosing. Unless otherwise agreed to by the prosecuting or circuit attorney and the defendant, a judge shall not impose a 10% cash bond to the court when a defendant: (1) Has a prior dangerous felony conviction within the past 5 years; (2) Has previously been found guilty of the offense of failure to appear in court within the past 2 years; (3) Is charged with a new felony while already out on bond of any type; or (4) Is charged with a dangerous felony offense.
These provisions are substantially similar to SCS/SB 487 (2021) and similar to HB 946 (2021).
OFFENSE OF FAILURE TO APPEAR (Section 544.665)
This act provides that a person who has been granted release pending trial in any criminal matter shall be in violation of the conditions of release imposed by the court by:
• Failing to appear for any court appearance;
• Being arrested or formally charged with any criminal offense that occurred subsequent to the release; or
• Violating any other condition of release that the court has placed on the person to secure the appearance of the person at trial and to secure the safety of the community.
This act also provides that it shall be presumed that a person charged with the offense of failure to appear who committed a dangerous felony will not appear upon a summons and, upon the finding of probable cause of a violation of conditional release by a court, an arrest warrant shall be issued. The filing of a complaint or indictment for violation of conditions of release of a person charged with the offense of failure to appear who committed a dangerous felony shall create a rebuttable presumption that no combination of conditions will secure the safety of the community and the offender shall be detained pending trial.
These provisions are substantially similar to provisions in SCS/SB 374 (2021).
CONFIDENTIALITY OF CRIME STOPPERS ORGANIZATIONS (Section 546.265)
This act provides that no person shall be required to disclose, by way of testimony or otherwise, a privileged communication between a person who submits a report of alleged criminal activity to a crime stoppers organization and the person who accepts the report on behalf of a crime stoppers organization. Additionally, no such person shall be required to produce, under subpoena, any records, documentary evidence, opinions, or decisions relating to such privileged communication in connection with any criminal proceeding or discovery procedure.
This act also provides that any person arrested or charged with a criminal offense may petition the court for an in-camera inspection of the records of a privileged communication concerning the report such person made to the crime stoppers organization. If the court determines the person is entitled to all or part of such records, the court may order production and disclosure as the court deems appropriate.
These provisions are identical to SB 312 (2021) and provisions in SS/SCS/SBs 53 & 60 (2021) and substantially similar to HB 1552 (2020).
MOTION TO VACATE OR SET ASIDE THE VERDICT (Section 547.031)
This act provides that a prosecuting or circuit attorney may file a motion to vacate or set aside the judgment at any time if he or she has information that the convicted person may be innocent or may have been erroneously convicted. The circuit court in which the person was convicted shall have jurisdiction and authority to consider, hear, and decide the motion. Upon the filing of such a motion, the court shall order a hearing and issue findings of fact and conclusions of law on all issues presented. The Attorney General shall be given notice of hearing of much a motion and shall be permitted to appear, question witnesses, and make arguments in the hearing.
This act provides that the court shall grant the motion of the prosecuting or circuit attorney to vacate or set aside the judgment where the court finds that there is clear and convincing evidence of actual innocence or constitutional error at the original trial or plea that undermines the confidence in the judgment. In considering the motion, the court shall take into consideration the evidence presented at the original trial or plea; the evidence presented at any direct appeal or post-conviction proceedings; and the information and evidence presented at the hearing on the motion.
The prosecuting attorney, circuit attorney, or the defendant shall have the authority and right to file and maintain an appeal of the denial or disposal of such a motion. The Attorney General shall also have the right to intervene in any appeal filed by the prosecuting or circuit attorney or the defendant.
These provisions are identical to provisions in SCS/SB 440 (2021).
JURY INSTRUCTIONS (Section 556.046)
This act provides that the court shall give jury instructions to an offense included with the charged offense only if:
• The offense is established by evidence of the same or less than all the elements required to establish the commission of the charged offense;
• There is a rational basis in the evidence for a verdict acquitting the person of the offense charged and convicting him or her of the included offense; and
• Either party requests the court to charge the jury with respect to a specific included offense.
It shall be the trial court's duty to determine if a rational basis in the evidence for a verdict exists.
Finally, an offense is charged for purposes of this act if:
• It is an indictment or information; or
• It is an offense submitted to the jury because there is a rational basis in the evidence for a verdict acquitting the person of the offense charged and convicting the person of the included offense.
These provisions are identical to provisions in SCS/HB 530 (2021).
TERMS OF IMPRISONMENT (Section 558.011)
Under current law, certain offenders are eligible to receive early release from incarceration by conditional release after a certain percentage of years of the sentence is served. This act repeals these provisions.
Additionally, this act provides that the terms of imprisonment imposed by this act shall be applicable to offenses occurring on or after August 28, 2021.
These provisions are substantially similar to provisions in SB 343 (2021).
CREDIT FOR JAIL TIME AWAITING TRIAL (Section 558.031)
Under current law, a person receives credit toward a sentence of imprisonment for all time in prison, jail, or custody after the offense occurred and before the commencement of the sentence if the time in custody is related to the offense. This act modifies these provisions to require a person to receive credit toward a sentence of imprisonment for all time in prison, jail, or custody after conviction and before commencement of the sentence in the Department of Corrections and the circuit court may award credit for time spent in prison, jail, or custody after the offense occurred and before conviction toward the service of the sentence of imprisonment. This act will be applicable to offenses occurring on or afer August 28, 2021.
These provisions are identical to provisions in SB 343 (2021).
MENS REA OF HOMICIDE OFFENSES (Section 565.003)
Under current law, the culpable mental state necessary to prove a homicide offense is found to exist if the only difference between what actually occurred and what was the object of the offender's state of mind is that a different person or people were killed.
This act adds that it is no defense to a homicide charge that the identity of the person the offender intended to kill cannot be established. If the state proves beyond a reasonable doubt that the offender had the requisite mental state toward a specific person or a general class of persons who are not identified or who are not identifiable, such intent shall be transferred to a person who is killed by the offender while such mental state existed.
These provisions are identical to HB 676 (2021).
SPECIAL VICTIMS (Section 565.058)
This act provides that any special victim 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.
This provision is identical to a provision in HCS/HB 1022 (2021).
OFFENSE OF UNLAWFUL POSTING OF CERTAIN INFORMATION ONLINE (Section 565.240)
Under current law, a person commits the offense of unlawful posting of certain information over the internet if he or she knowingly posts the name, home address, Social Security number, or telephone number of any person on the internet intending to cause great bodily harm or death, or threatening to cause great bodily harm or death to such person. Such offense is a Class C misdemeanor.
This act modifies the current offense by adding "any other personally identifiable information" and further provides that if a person knowingly posts the name, home address, Social Security number, telephone number, or any other personally identifiable information of any law enforcement officer, corrections officer, parole officer, judge, commissioner, or prosecuting attorney, or the information of an immediate family member of such officers, he or she shall be guilty of a Class E felony.
These provisions are identical to provisions in HCS/SS/SCS/SB 53 & 60 (2021) and to SCS/SB 129 (2021).
SEXUAL MISCONDUCT OF POLICE OFFICERS (Section 566.145)
This act provides that a law enforcement officer who engages in sexual conduct with a detainee or prisoner who is in the custody of such officer shall be guilty of a class E felony.
This provision is identical to a provision in SS/SCS/SBs 53 & 60 (2021) and HB 2708 (2020).
OFFENSE OF MAIL THEFT (Section 570.212)
A person commits the offense of mail theft if the person purposefully appropriates mail from another person's mailbox or premises without consent of the addressee and with intent to deprive such addressee of the mail.
The offense of mail theft is a Class A misdemeanor for a first offense and a Class E felony for any second or subsequent offense.
This provision is identical to a provision in HCS/HB 825 (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/HB 1022 (2021).
OFFENSE OF TAMPERING WITH A JUDICIAL OFFICER (Section 575.095)
Under current law, a person commits the offense of tampering with a judicial officer if the person harasses, intimidates, or influences a judicial officer as provided under the law.
This act adds the Attorney General or his or her attorneys general to the definition of "judicial officer".
These provisions are identical to provisions in SCS/SB 314 (2021) and substantially similar to SB 821 (2020).
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 SS/SCS/SBs 53 & 60 (2021) and similar to HB 839 (2021).
COMMISSIONING REQUIREMENTS OF PEACE OFFICERS (Sections 590.070 and 590.075)
Under current law, the chief executive officer of each law enforcement agency must notify the Director of the POST Commission the circumstances surrounding a law enforcement officer's departure from the law enforcement agency within 30 days of the departure.
This act provides that the chief executive officer of each law enforcement agency shall, prior to commissioning any peace officer, request a certified copy from the Director of all notifications received regarding such peace officer. All notifications provided to the chief executive officer from the Director shall be received within 3 days of the request.
Finally, this act provides that the chief executive officer of each law enforcement agency has absolute immunity from suit for complying with such notification requirements to the Director, unless the chief executive officer presented false information to the Director with the intention of causing reputational harm to the peace officer. If the Director receives any additional notifications regarding the candidate for commissioning within 60 days of a chief executive officer's request, a copy of such notifications shall be forwarded by the director to the requesting chief executive officer within 3 business days following receipt.
These provisions are identical to provisions in SS/SCS/SBs 53 & 60 (2021).
CRITICAL INCIDENT STRESS MANAGEMENT PROGRAM (Section 590.192)
This act establishes the "Critical Incident Stress Management Program" within the Department of Public Safety. The program shall provide 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. A "critical incident" is any event outside the usual realm of human experience that is markedly distressing or evokes reactions of intense fear, helplessness, or horror and involves the perceived threat to a person's physical integrity or the physical integrity of someone else.
This act provides that all peace officers shall be required to meet with a program service provider once every three to five years for a mental health check-in. The program service provider shall send a notification to the peace officer's commanding officer that he or she completed such check-in. Any information disclosed by a peace officer shall be privileged and shall not be used as evidence in criminal, administrative, or civil proceedings against the peace officer, except as in certain instances as provided in the act.
Additionally, 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.
These provisions are identical to provisions in SS/SCS/SBs 53 & 60 (2021) and substantially similar to SCS/SB 488 (2021) and SCS/SB 551 (2021) and to provisions in SS#2/SB 26 (2021) and similar to SB 18 (First Extraordinary Session 2020).
RESPIRATORY CHOKE-HOLDS (Section 590.805)
This act provides that a law enforcement officer shall not knowingly use a respiratory choke-hold unless such use is in defense of the officer or another from serious physical injury or death.
A respiratory choke-hold includes the use of any body part or object to attempt to control or disable by applying pressure to a person's neck with the purpose of controlling or restricting such person's breathing.
This provision is identical to a provision in HCS/SS/SCS/SBs 53 & 60 (2021).
POLICE USE OF FORCE DATABASE (Section 590.1265)
This act establishes the "Police Use of Force Transparency Act of 2021."
Starting March 1, 2022, 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). Use-of-force incidents shall include fatalities and serious physical injuries that are connected to the use of force by an officer.
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 October 31, 2021, 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 at least annually starting March 1, 2023. 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 June 30, 2025. The report shall be updated at least every five years.
These provisions are identical to provisions in SS/SCS/SBs 53 & 60 (2021) and substantially similar to provisions in SCS/SB 74 (2020) and similar to HB 998 (2021).
MARY GRACE BRUNTRAGER