FIRST REGULAR SESSION

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

SENATE BILL NO. 213

89th GENERAL ASSEMBLY


S0998.01I

AN ACT

     To repeal section 70.820, RSMo 1994, relating to peace officers' 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     Section A. Section 70.820, RSMo 1994, is repealed and one new section enacted in lieu thereof, to be known as section 70.820, to read as follows:

     70.820. 1. Any peace officer of a county or a peace officer of any political subdivision who has completed the basic police training program as promulgated by chapter 590, RSMo, shall have the authority to respond to an emergency situation outside the boundaries of the political subdivision from which [he derives his] such peace officer's authority is derived.

     2. Before a peace officer shall have the authority to respond to an emergency situation outside the boundaries of the political subdivision from which the [officer derives his] officer's authority is derived pursuant to subsection 1 of this section, the authority shall be first authorized by ordinance, order, or other ruling by the governing body of the political subdivision from which the officer derives [his] such officer's authority and by the governing body of the political subdivision in which the emergency situation is alleged to be occurring and by the board of police established by section 84.020, RSMo, or by the board of police commissioners established by section 84.350, RSMo, if the officer derives [his] such officer's authority from either board or if the emergency situation is alleged to be occurring within the jurisdiction of either board.

     3. As used in this section, "emergency situation" means any situation in which the peace officer has a reasonable belief that a crime is about to be committed, is being committed, or has been committed involving injury or threat of injury to any person, property, or governmental interest and [his] such officer's response is reasonably necessary to prevent or end such emergency situation or mitigate the likelihood of injury involved in such emergency situation. The determination of the existence of any emergency situation shall be in the discretion of the peace officer making the response or in the discretion of a peace officer or governmental officer of the political subdivision in which the emergency situation is alleged to be occurring.

     4. As used in this section, "response" shall mean to take any and all action which the peace officer may lawfully take as if exercising [his] such officer's powers within [his] such officer's own jurisdiction.

     5. In addition to the emergency response powers prescribed in subsection 1 of this section, any peace officer of a county of the first classification with a charter form of government, or any peace officer of any political subdivision within any county of the first classification with a charter form of government, or any peace officer of any city not within a county, who has completed the basic peace training program pursuant to chapter 590, RSMo, may arrest persons who violate any provision of state law within the boundaries of any county of the first classification or of any city not within a county.

     6. In addition to the powers prescribed in subsections 1 and 5 of this section, section 544.216, RSMo, and any other arrest powers, any peace officer certified by the peace officer standards and training commission may arrest on view or immediately thereafter for any crime and without a warrant, at any place within this state, any person the peace officer sees asserting physical force or using forcible compulsion for the purpose of causing or creating a substantial risk of death or serious physical injury to any person.