SECOND REGULAR SESSION

[I N T R O D U C E D]

SENATE BILL NO. 842

88th GENERAL ASSEMBLY


S3237.01I

AN ACT

To amend chapter 544, RSMo, by adding one new section relating to federal law enforcement officials.


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,

AS FOLLOWS:

Section A. Chapter 544, RSMo, is amended by adding thereto one new section, to be known as section 544.159, to read as follows:

544.159. 1. For purposes of this section, "federal law enforcement officer" means a person employed by the United States Government who is empowered to effect an arrest with or without a warrant for violation of the United States Code and who is authorized to carry a firearm in the performance of the person's official duties as a federal law enforcement officer.

2. A federal law enforcement officer has the same authority, and immunity and defenses from suit, as a peace officer of this state when making an arrest or rendering assistance involving a nonfederal crime if any of the following exists:

(1) The federal law enforcement officer has reasonable grounds for believing that a serious public offense, such as a felony or indictable offense, has been committed and has reasonable grounds for believing that the person to be arrested has committed the offense;

(2) The federal law enforcement officer is rendering assistance to a peace officer or other law enforcement officer of this state in an emergency or at the request of the peace or law enforcement officer of this state; or

(3) The federal law enforcement officer is effecting the arrest or assistance as part of a bona fide task force or joint investigation, in which peace or law enforcement officers of this state are participating.

3. A federal law enforcement officer acting under the authority of this section is not liable for his or her act or omission in the execution or enforcement of any law unless the act or omission constitutes wilful and wanton conduct.

4. This section is not intended and does not limit any existing authority possessed by or conferred upon federal law enforcement officers or other available defenses from liability.