SS/SB 745 - This act modifies the statutes regarding law enforcement officers and concealed carry permits.DEPUTY SHERIFF - 57.015, 57.201, 57.220, & 57.250
This act specifies that a limited definition of deputy sheriff only applies to a section dealing with dismissal proceedings for deputy sheriffs. Certain provisions dealing with the ability of a sheriff to discharge a deputy sheriff are amended to refer to the limited definition of deputy sheriff.
These provisions are identical to provisions of CCS2/SS/SCS/HCS/HB 1439 (2014) and CCS/SS/SCS/HCS/HBs 1665 & 1335 (2014).
POWER TO ARREST - 544.216
Under current law, a law enforcement officer may arrest on view and without a warrant any person the officer sees violating, or who the officer has reasonable grounds to believe has violated, any law of this state, or any ordinance over which the officer has jurisdiction.
The Missouri Eastern District Court of Appeals in City of Fredericktown v. Bell, 761 S.W.2d 715, 717 (Mo. Ct. App. 1988) held that section 544.216 does not provide law enforcement officers with the power of arrest for offenses committed outside the officer's jurisdiction. This act modifies the statutory provision to clarify that a law enforcement officer may only make an arrest without a warrant for an offense over which the officer has jurisdiction.
This provision is identical to a provision of CCS2/SS/SCS/HCS/HB 1439 (2014) and CCS/SS/SCS/HCS/HBs 1665 & 1335 (2014).
SPECIAL PROSECUTOR EXEMPTION - 571.030
This act exempts special prosecutors from a statute making it a crime to engage in certain uses of weapons.
This provision is identical to a provision of SS/SCS/SB 613 (2014), the truly agreed to and finally passed CCS/HCS/SB 656 (2014), and CCS2/SS/SCS/HCS/HB 1439 (2014).
CONCEALED CARRY PERMITS - 571.101, 571.104, 571.111 & 650.350
The size of the concealed carry permit is changed under this act.
This act requires the Missouri Sheriff Methamphetamine Relief Task force, or MoSMART, to provide grants to sheriffs and any designee that is created to support sheriffs in the creation and maintenance of a statewide concealed carry permit system that is accessible to sheriffs and law enforcement agencies. Current law requires sheriffs to report certain information regarding concealed carry permit holders to the Missouri Uniform Law Enforcement System or MULES. This act requires such information to be reported to the new concealed carry permit system.
Current law provides that information reported and retained regarding concealed carry permits shall not be batch processed for query. This act provides that information retained in the concealed carry system shall not be distributed to any federal, state, or private entities, however, sheriffs may access the concealed carry permit system to issue permits, verify permit holder information, change permit holder information, and suspend, revoke, or cancel a permit.
Under this act, the official to whom a concealed carry endorsement or permit was surrendered when suspended or revoked must change the status of the endorsement or permit in the concealed carry system.
This act repeals a provision requiring a sheriff to notify a person when such person's permit or endorsement is expired and cancelled.
Procedures for when a permit holder changes his or her address are modified.
Current law requires automatic invalidation of a permit or endorsement after 30 days if a permit holder has changed his or her name or address and not notified the sheriff. Under this act, the permit or endorsement is automatically invalid after 180 days. This act requires a person to notify the sheriff of a name or address change within 30 days and allows the sheriff to impose a late penalty of $10 per month for each month the person fails to notify the sheriff.
Current law requires an applicant for a concealed carry permit to perform a physical demonstration of his or her ability to safely load a revolver and a semiautomatic pistol, a live firing exercise with both types of firearms, and a live firing test with both firearms. This act provides that the applicant only needs to demonstrate an ability to safely load, and only requires live firing from, either a revolver or a semiautomatic pistol.
Under current law, qualified firearms safety instructors cannot have more than 40 students in a classroom. This act provides that such instructors cannot have more than 40 students per instructor in the classroom. In addition, this act modifies a provision allowing firearms safety instructors to register with the sheriff in the county in which the instructor resides.
These provisions are identical to provisions of CCS2/SS/SCS/HCS/HB 1439 (2014) and SS/SCS/HB 1539 (2014).
MEGHAN LUECKE