SB 145
Modifies provisions relating to public safety
Sponsor:
LR Number:
0279H.06C
Committee:
Last Action:
5/9/2019 - Executive Session Continuted - Action postponed
Journal Page:
Title:
HCS SS SB 145
Calendar Position:
Effective Date:
August 28, 2019

Current Bill Summary

HCS/SS/SB 145 - This act modifies several provisions relating to public safety, including: (1) Capitol police; (2) the "Public Access to Automated External Defibrillator Act"; (3) the Amber Alert System; (4) DNA Profiling Analysis Fund; (5) drug trafficking; (6) the Peace Officer Standards and Training Commission; and (7)

CAPITOL POLICE (Sections 8.007, 8.111, 8.170, 8.172, 8.177, and 8.178)

Currently, the Director of the Department of Public Safety is responsible for appointing and employing Missouri Capitol Police officers. This act moves that responsibility to the newly-created "Capitol Police Board" and authorizes the Commission to employ such officers, including a police chief, for the purpose of providing public safety at the seat of state government and providing ongoing supervision of such officers.

These provisions are identical to provisions in HCS/SCS/SB 363 (2019) and similar to HCS/HB 982 (2019).

THE "PUBLIC ACCESS TO AUTOMATED EXTERNAL DEFIBRILLATOR" ACT (Section 190.092)

This act modifies provisions of the "Public Access to Automated External Defibrillator Act". Currently, persons or entities that have acquired an automated external defibrillator (AED) are required to ensure that expected users receive CPR and AED training from the American Red Cross, American Heart Association, or other equivalent training course, that the AED user activates the emergency medical services system as soon as possible, and that an AED placed outside of a health care facility has a physician review the protocol and training. This act repeals these provisions and requires that a person or entity that acquires an AED to comply with all regulations governing placement of the AED; notify the local emergency medical services agency of the AED's existence, location, and type; ensure that the AED is maintained and tested to the manufacturer's guidelines; ensure that testing of the AED occurs at least biannually and after each use; and ensure that an inspection of all AEDs is made every 90 days.

Currently, a person who gratuitously and in good faith renders emergency care through the use or provision of an AED shall not be held liable for any civil damages unless acting in a willful and wanton or reckless manner. This act extends this immunity to criminal penalties. Additionally, a person or entity that provides training, owns the AED, or is responsible for the site where the AED is located shall likewise not be held liable.

This provision is substantially similar to HCS/SCS/SB 363 (2019) and SB 423 (2019).

AMBER ALERT SYSTEM (Section 210.1014)

This act requires the Amber Alert System Oversight Committee to meet at least annually to discuss potential improvements to the system. The committee membership may include a representative of the outdoor advertising industry, a representative of the Missouri Broadcasters Association, and a representative of the public at large.

Additionally, Amber Alerts issued in Missouri may include an embedded Uniform Resource Locator (URL) referencing additional resources available on the Internet.

This act establishes "HAILEY'S Law" ("Honing Alerts Issued by Law Enforcement for Youth Safety Act") and requires the Amber Alert System to be integrated into the Missouri Uniform Law Enforcement System (MULES) and Regional Justice Information Services (REJIS) to expedite the reporting of child abductions.

Finally, this act requires the committee to submit a report to the General Assembly by January 1, 2020, and annually thereafter, regarding information specified in the act.

This provision is identical to a provision in the truly agreed to and finally passed SS/SCS/HCS/HB 397 (2019), as amended, substantially similar to HCS/HB 185 (2019), and similar to HB 1378 (2018) and HB 697 (2017).

DNA PROFILING ANALYSIS FUND (Section 488.5050)

Currently, a court surcharge in all criminal cases for deposit into the DNA Profiling Analysis Fund shall expire on August 28, 2019. This act extends the expiration of the surcharge to August 28, 2029.

This provision is identical to the perfected SB 20 (2019), HCS/SS/SCS/SB 291 (2019), HCS/SCS/SB 363 (2019), and HCS/HB 37 (2019).

DRUG TRAFFICKING (Sections 579.065 and 579.068)

This act modifies current law for the Class B felony offense of trafficking of drugs in the first degree by removing the ceiling of the ranges of grams or milligrams of various controlled substances a person knowingly distributes, delivers, manufactures, produces, or attempts to so, including heroin, cocaine, LSD, PCP, phencyclidine, marijuana, and amphetamines and methamphetamines. Additionally, this act adds specified amounts of flunitrazepam, gamma-hydroxybutyric acid, and fentanyl and carfentanyl to the list of controlled substances for the Class B felony and the Class A felony offenses.

This act also modifies current law for the Class C felony offense of trafficking of drugs in the second degree by removing the ceiling of the ranges of grams or milligrams of various controlled substances a person knowingly possesses, purchases, or brings into the state, including heroin, cocaine, LSD, PCP, phencyclidine, marijuana, and amphetamines and methamphetamines. Additionally, this act adds fentanyl and carfentanyl to the list of controlled substances for the Class C felony and the Class B felony offenses. Trafficking in the second degree for less than one gram of flunitrazepam shall be a Class C felony for the first offense and a Class B felony for the second and subsequent offense.

These provisions are similar to provisions in the perfected SCS/SB 6 (2019), SCS/HCS/HB 239 (2019), and SCS/HB 240 (2019).

PEACE OFFICER STANDARDS AND TRAINING COMMISSION (Section 590.120)

Currently, the Peace Officer Standards and Training Commission consists of the following members: three police chiefs, three sheriffs, one representative of a state law enforcement agency, two peace officers each with a rank not exceeding sergeant, one chief executive officer of a certified training academy, and one member of the public. These 11 members are appointed to the Commission by the Governor from a list of qualified candidates provided by the Director of the Department of Public Safety.

This act provides the Governor shall appoint three sitting police chiefs from a list of qualified candidates provided by the Missouri Police Chief's Association board of directors. Additionally, the Governor shall appoint three sitting sheriffs from a list of qualified candidates provided by the Missouri Sheriffs' Association board of directors. Also under this act, one of the peace officers with a rank not exceeding sergeant shall be employed by a municipality, and the other peace officer with a rank not exceeding sergeant shall be employed by a county.

Currently, the Director of the Department of Public Safety appoints a member of the Commission to be the chairperson. Under this act, the Commission appoints a member to be the chairperson by a majority vote of the members. Finally, the Commission shall provide advice and to the Director of the Department of Public Safety.

This provision is identical to SB 501 (2019) and provisions in HCS/SCS/SB 363 (2019).

WATER SAFETY (Sections 640.142, 640.144, and 640.1450

This act requires public water systems, except those systems without internet-connected control systems, to create a plan that establishes policies and procedures for cyber security risk mitigation. The act further requires all public water systems to create valve inspection and hydrant inspection programs. The programs shall contain requirements as set forth in the act. The systems shall submit a report upon request to the Department of Natural Resources as specified in the act.

These provisions are similar to provisions in SCS/HCS/HB 160 (2019), SCS/SB 66 (2019), and HB 1877 (2018).

SARAH HASKINS