SCS/SB 662 - LAW ENFORCEMENT REPORTING REQUIREMENTS (Section 43.505) Under current law, any law enforcement agency which violates certain provisions relating to crime incident activity reporting may be ineligible to receive state or federal funds which would otherwise be paid to such agency. This act provides that such agencies will not be ineligible to receive such funds until after December 31, 2021. This provision is similar to a provision of SCS/HCS/HB 57 (2017), SCS/SB 414 (2017), and provisions of SS#2/SCS/HCS/HBs 302 & 228 (2017).
MUTUAL AID AGREEMENTS (Section 44.091) - This provision provides that when a law enforcement agency requests assistance from another law enforcement agency under a mutual aid agreement, any law enforcement officer assisting the requesting agency is afforded the same powers of arrest they would have in their own jurisdiction and the same powers of arrest as officers of the requesting entity. Any officer assisting a requesting agency shall enjoy the same legal immunities as an officer of the requesting entity. Such powers shall be limited to the location where provided, for the duration of the specific event requested, and while acting under the direction of the requesting entity.
Any officer assisting a requesting agency shall be deemed an employee of the assisting agency and shall be subject to the workers' compensation, overtime, and expense reimbursement provisions provided as an employee of the assisting agency, including sovereign immunity, official immunity, and the public duty doctrine.
This provision is identical to HB 1859 (2018).
INTERSTATE AID AGREEMENT (Section 44.098) - This provision adds the counties of Jasper and Newton to an interstate aid agreement with Kansas and Oklahoma.
All law enforcement officers of the border counties between the three states shall be permitted in critical incidents to respond to lawful requests for aid in any other jurisdiction in the mutual aid region. In the event of an arrest made outside of an officer's home state, the offender shall be delivered to the first officer who is commissioned in the jurisdiction in which the arrest was made.
For the purposes of liability, all members of the responding agency are deemed employees of the responding agency and are subject to the liability and workers' compensation provisions provided to them as employees of their respective agency. Immunity and the public duty rule shall apply to the provisions of this section as interpreted by the federal and state courts of the responding agency.
This provision is identical to HB 2062 (2018).
RESIDENCY REQUIREMENTS FOR SHERIFFS AND DEPUTY SHERIFFS
(Section 57.117) - Currently, a sheriff or deputy sheriff in a Missouri county must be a resident of Missouri. This provision modifies that requirement by allowing sheriffs and deputy sheriffs to be residents of an adjoining state.
This provision is identical to HB 1892 (2018).
SEGREGATION OF PRISONERS (Section 221.050)
This provision provides that persons on probation or parole may be housed with offenders or persons being held on criminal charges.
This provision is identical to HB 2026 (2018).
PEACE ANIMAL TRAINING PROGRAMS (Section 273.450) - This provision requires individuals, or organizations on behalf of a group of individuals, seeking to train peace officers in responding to animal neglect and abuse incident reports to submit all training materials relating to animal care to the State Veterinarian and all training materials relating to offenses involving animals to the Department of Public Safety for review on an annual basis. Under this act, the State Veterinarian and Department of Public Safety shall review such materials within 14 days, and shall either approve or disapprove such materials. If disapproved, such individual or organization may appeal such decision and be issued a 14 day temporary certification as set forth in this act. Upon approval, the State Veterinarian or the Department of Public Safety shall issue a certification.
This provision also requires any individual, or organization on behalf of a group of individuals, to indemnify and hold the State Veterinarian and the Department of Agriculture harmless in any claim resulting from such individual or organization modifying such materials after such materials have been approved, and using such modified materials to train peace officers in responding to animal care and abuse incident reports.
Engaging in the business of animal care training using training materials that have not been certified or temporarily certified by either the State Veterinarian or the Department of Public Safety is an infraction for the first offense, and a Class D misdemeanor for the second or any subsequent offense.
This provision shall not apply to individuals or organizations solely advocating for the enforcement of laws protecting animals or bringing the existence of such laws to the attention of law enforcement.
This provision has an effective date of January 1, 2019.
This provision is similar to SCS/SB 797 (2018) and SB 156 (2017).
PUBLIC SAFETY EDUCATION (Sections 302.176 and 302.025) - This provides that all driver training programs shall include instruction concerning law enforcement procedures for traffic stops and basic constitutional rights.
This act also requires the Department of Revenue to provide first-time license recipients with similar information.
This provision is substantially similar to SB 419 (2017).
FILING FALSE DOCUMENTS (Sections 400.9-501 and 570.095) - This act creates the offense of filing false documents. For the first offense, filing a false document is a Class D felony, but can be a Class C felony in certain specified instances. Any person who is found guilty of filing a false document shall be ordered to make full restitution to any person or entity that has sustained any actual losses as a result of the filing.
The act specifies that any agency of the state, a county or the City of St. Louis shall create a system in which suspicious filings are logged, and outlines the process for petitioning a court when a person has probable cause to believe a filing is fraudulent. The system shall be created by January 1, 2019.
If a filing or record is deemed invalid in a civil action brought under this act, the prevailing party shall be awarded all reasonable costs and fees incurred by that party in the action.
This provision is identical to SB 750 (2018), substantially similar to HCS/HB 303 (2017), certain provisions in SCS/HCB 1 (2017), and the truly agreed to CCS/SCS#2/SB 128 (2017).
MODEX (Section 488.5320) - Currently, St. Louis City and St. Louis County sheriffs, county marshals, or other officers are not allowed to charge for their services rendered in cases disposed of by a violations bureau that is established pursuant to law or by a Supreme Court rule.
This act allows such officers to charge for their services rendered in such cases.
FEDERAL FORFEITURE REPORTING (Section 513.653) - Currently, law enforcement agencies involved in using the federal forfeiture system under federal law shall file a report regarding federal seizures and the proceeds therefrom to the state by January 31st for the previous calendar year with both the Department of Public Safety and the State Auditor's Office. The report shall include the value of items seized, the beginning balance of federal forfeiture funds or assets previously received and not yet used, the proceeds received from the federal government, the expenditures from the proceeds, and the ending balance of federal forfeiture funds or assets on hand. The Department of Public Safety shall not issue funds to any agency that fails to comply.
This act moves the filing deadline back to February 15th and no longer requires an agency to file with the Department of Public Safety. Additionally, the filing will consist of a copy of the federal form entitled "ACA Form - Equitable Sharing Agreement and Certification". Any law enforcement agency that intentionally or knowingly fails to comply with the reporting requirement shall be ineligible to receive state or federal funds which would have been otherwise paid to them for law enforcement, safety, or criminal justice purposes.
This provision is similar to a provision of HB 1172 (2017).
FALSE REPORTS (Section 575.080) - This act adds intentionally causing an emergency response in the absence of circumstances requiring such a response as an element in the offense of making a false report.
Such an offense shall require the offender to reimburse the harmed party for the expenses of the emergency response caused by the offender's conduct and is a Class B misdemeanor if no emergency response results, a Class A misdemeanor if an emergency response results, a Class E felony if serious bodily injury results, or a Class D felony if death results.
For the purposes of this section, "emergency response" means any action taken by law enforcement personnel, security personnel, or a fire or rescue service to immediately respond to an event that threatens or may reasonably be believed to threaten public health or safety.
This provision is identical to a provision of HB 2219 (2018).
PEER SUPPORT (Section 590.1040) - This act prohibits peer support specialists who obtain information from law enforcement officers or emergency services personnel while acting in their capacity as a peer support specialist from disclosing any confidential information unless certain conditions specified in the act are met. These conditions include threats of suicide, information relating to the abuse of spouses, children, or the elderly, admission of criminal conduct, and disclosure of certain protected information for which appropriate consent to disclose has been given.
There is no prohibition on communication between peer support specialists or any communication between the specialists and the supervisors or staff of an employee assistance program. There is also no prohibition on communication regarding fitness of an employee for duty between an employee assistance program and an employer.
This provision is identical to SB 616 (2018) and SB 385 (2017), a provision of SCS/HCS/HB 57 (2017), a provision of SS#2/SCS/HCS/HBs 302 & 228 (2017), and similar to HCS/HB 586 (2017).
MIKE WEAVER