Read 1st time January 25, 1996, and 1,000 copies ordered printed.

Read 2nd time January 31, 1996, and referred to the Committee on Civil and Criminal Jurisprudence.

Reported from the Committee February 12, 1996, with recommendation that the bill do pass and be placed on the Consent Calendar.

Taken up February 21, 1996. Read 3rd time and placed upon its final passage; bill passed.

TERRY L. SPIELER, Secretary.

S3238.01P

To repeal section 544.155, RSMo 1994, relating to peace officer arrest powers, and to enact in lieu thereof one new section relating to the same subject.

Be it enacted by the General Assembly of the State of Missouri, as follows:

Section A. Section 544.155, RSMo 1994, is repealed and one new section enacted in lieu thereof, to be known as section 544.155, to read as follows:

544.155. 1. Any member of a duly organized state, county, or municipal peace unit of another state of the United States who enters this state in fresh pursuit, and continues within this state in such fresh pursuit, of a person in order to arrest [him] such person on the ground that [he] such person is believed to have committed a felony or the crime of driving while intoxicated or driving with excessive blood alcohol content in such other state, shall have the same authority to arrest and hold such person in custody, as has any member of any duly organized state, county, or municipal peace unit of this state, to arrest and hold in custody a person on the ground that [he] such person is believed to have committed a felony or the crime of driving while intoxicated or driving with excessive blood alcohol content in this state; provided, the rights extended by this subsection shall be extended only to those states granting these same rights to peace officers of this state who may be in fresh pursuit of suspected criminals in such reciprocating states.

2. If an arrest is made in this state by an officer of another state in accordance with the provisions of subsection 1 [he] the arresting officer shall, without unnecessary delay, take the person arrested before [an associate circuit] a judge of a court of competent jurisdiction in the county in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the [associate circuit] judge determines that the arrest was lawful [he] the judge shall [commit] order the person arrested to await for a reasonable time the issuance of an extradition warrant by the governor of this state, or admit [him] such person to bail for such purpose. If the [associate circuit] judge determines that the arrest was unlawful [he] the judge shall discharge the person arrested.

3. Subsection 1 of this section shall not be construed so as to make unlawful any arrest in this state which would otherwise be lawful.

4. For the purpose of this section, the word state includes the District of Columbia.

5. The term fresh pursuit , as used in this section, includes fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or the crime of driving while intoxicated or driving with excessive blood alcohol content or who is reasonably suspected of having committed a felony or the crime of driving while intoxicated or driving with excessive blood alcohol content. It shall also include the pursuit of a person suspected of having committed a supposed felony or the crime of driving while intoxicated or driving with excessive blood alcohol content, though no felony or the crime of driving while intoxicated or driving with excessive blood alcohol content has actually been committed, if there is reasonable ground for believing that a felony or the crime of driving while intoxicated or driving with excessive blood alcohol content has been committed. Fresh pursuit, as used therein, shall not necessarily imply instant pursuit, but pursuit without unreasonable delay.

6. This section may be cited as the Uniform Law on Fresh Pursuit .