SCS/SB 74 - This act modifies provisions relating to law enforcement officers.
HATE OFFENSES (Section 557.035)
Under current law, all violations of third degree assault, first degree harassment, property damage over $750, and certain unlawful use of a weapon offenses, can be charged as Class D felonies if the state believes the offense was motivated because of race, color, religion, national origin, sex, sexual orientation or disability. This act adds employment as a law enforcement officer or first responder to the list of protected classes.
Under current law, all violations of fourth degree assault, second degree property damage, first degree trespass, and rioting, can be charged as Class E felonies if the state believes the offenses was motivated because of race, color, religion, national origin, sex, sexual orientation or disability. This act adds employment as a law enforcement officer or first responder to the list of protected classes and repeals the offense of tampering with property for the purpose of causing substantial inconvenience.
These provisions are identical to HB 86 (2017).
POLICE USE OF FORCE (Section 590.1265)
This act establishes the "Police Use of Force Transparency Act of 2021."
Starting January 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 January 30, 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 similar to the truly agreed to and finally passed HCS/SS#2/SB 26 (2021) and HCS/SS/SCS/SBs 53 & 60 (2021), and to SCS/SB 312 (2021), SCS/HCS/HB 59 (2021), HB 998 (2021), and HB 59 (2021).
MARY GRACE BRUNTRAGER