SB 763 - This act modifies and enacts provisions relating to law enforcement officers. DECLARATION OF EMERGENCY BASED ON CIVIL UNREST - 44.100
This act requires the Governor, upon declaring a state of emergency in response to civil unrest, to notify a third party human rights organization and ask the organization to monitor the activities of law enforcement officers in response to the unrest and to report abuses of human, civil, or constitutional rights to the Attorney General's Office. In addition, the Governor must assign a sufficient number of state social workers, counselors, or psychologists to provide counseling and mental health services in the region affected by the unrest.
USE OF FORCE BY LAW ENFORCEMENT OFFICERS - 563.046
Under current law, a law enforcement officer may use deadly force when he or she reasonably believes the force is immediately necessary to effect an arrest and the suspect has committed or attempted to commit a felony, is attempting to escape by use of a deadly weapon, or may otherwise endanger life or seriously injure another person. This act provides that a law enforcement officer may use deadly force only when the officer reasonably believes the suspect poses a clear danger to the officer or any other person.
In addition, this act provides that, whenever a law enforcement officer uses deadly force or injures a person via a firearm, the Attorney General must appoint a special prosecutor to investigate.
LAW ENFORCEMENT AGENCY ACCREDITATION - 590.707
This act requires each law enforcement agency to be accredited by the Commission on Accreditation for Law Enforcement Agencies or the Missouri Police Chiefs Association by August 28, 2021. Any agency that is not accredited on or after August 28, 2021 is ineligible for state appropriations.
VIDEO CAMERAS - 590.709
This act requires law enforcement officers to wear video cameras on their uniforms while on duty . The camera must be capable of recording the audio and video of interactions between the officers and the public. Law enforcement agencies must preserve recordings from the cameras for at least 30 days.
Under this act, the Department of Public Safety must investigate all complaints that a law enforcement officer or agency is not in compliance with the above requirements. If the Department determines an agency or one of its officers is not complying, the agency is ineligible to receive state appropriations until the agency achieves compliance.
This provision is similar to HB 1699 (2014).
LAW ENFORCEMENT OFFICERS AND PROTESTS - 590.711
This act requires law enforcement officers on duty at protests to wear visible, accurate identification tags. In addition, law enforcement officers are prohibited from hog tying and verbally abusing protesters.
Under this act, tear gas may not be released at a protest unless the Governor has declared a state of emergency and notified an independent human rights organization.
Under this act, the Department of Public Safety must investigate all complaints that a law enforcement officer or agency has violated any of the provisions of this section. If the Department determines an agency or one of its officers has violated any of the provisions, the agency is ineligible to receive state appropriations for one year from the date of the violation.
RELEASE OF RECORDINGS FROM BODY-WORN CAMERAS - 590.810
Under this act, any footage from a camera worn by a police officer is a closed record to the public and may not be released by a law enforcement agency except upon court order or the request of a civilian review board, the person who appears on the recording, or an attorney representing such person.
This act prohibits an ordinance from requiring the retention of a recording captured by an officer's body-worn camera for a period of more than two years, unless the recording has been lawfully disclosed.
In addition, this act requires law enforcement agencies to destroy footage from body-worn cameras that has not been lawfully disclosed within two years.
The Attorney General must enforce the provisions of this act and may fine a law enforcement agency $20,000 per violation.
This act is similar to SB 21 (2015).
MEGHAN LUECKE