SB 38
Modifies provisions relating to peace officer standards
Sponsor:
LR Number:
1142S.05C
Last Action:
5/12/2023 - Informal Calendar S Bills for Perfection
Journal Page:
Title:
SCS SB 38
Effective Date:
August 28, 2023

Current Bill Summary

SS/SCS/SB 38 - This act creates and modifies provisions relating to peace officer standards.

MISSOURI RAP BACK PROGRAM (Sections 43.539 & 43.540)

Under current law, an entity participating in the Missouri Rap Back Program may request a person's updated criminal history record if the person has previously had a Missouri and national criminal record review within the previous six years. This act repeals the six year requirement.

This provision is identical to SB 264 (2023).

TELECOMMUNICATOR FIRST RESPONDERS (Sections 67.145, 70.631, 170.310, 190.091, 650.320, 650.330, and 650.340)

This act adds "telecommunicator first responder" to the definition of "first responder" in various provisions of law. Additionally, this act provides that the Department of Health and Senior Services shall offer a vaccination program to certain Missouri State Highway Patrol telecommunicators who may be exposed to infectious diseases.

Furthermore, this act provides that political subdivisions may elect to cover telecommunicator first responders as public safety personnel.

These provisions are identical to provisions in SS/SCS/SBs 119 & 120 (2023) and substantially similar to SB 46 (2023) and to provisions in HB 1676 (2022), HB 1637 (2022), HCS/HB 2381 (2022), and SCS/HB 2088, et al (2022).

RESIDENCY REQUIREMENTS FOR CITY OF ST. LOUIS LAW ENFORCEMENT OFFICERS (Section 84.344)

Under current law, law enforcement officers of St. Louis City hired after August 31, 2023, will be subject to a residency requirement.

This act changes those provisions to those hired after August 31, 2028.

This provision is identical to provisions in SS/SCS/SBs 119 & 120 (2023).

COMPENSATION FOR PEACE OFFICERS (Sections 84.480 & 84.510)

This act repeals provisions relating to a mandatory salary range for the Kansas City chief of police and allows the Board of Police Commissioners to establish a range for the salary by resolution.

Additionally, this act repeals provisions relating to a mandatory salary cap for Kansas City police officers as provided in the act.

This provision is identical to provisions in SS/SCS/SBs 119 & 120 (2023).

WORKERS COMPENSATION FOR FIRST RESPONDERS (Section 287.067)

This act establishes post-traumatic stress disorder (PTSD), as described in the Diagnostic and Statistical Manual of Mental Health Disorders, Fifth Edition, (DSM-5) as a compensable occupational disease under workers' compensation when diagnosed in first responders, as defined in the act. A first responder shall not require a physical injury in order to be eligible for benefits, but preexisting PTSD is not compensable. The time for notice of injury or death in cases of compensable PTSD is measured from exposure to one of the qualifying stressors listed in the DSM-5 criteria, or the diagnosis of the disorder, whichever is later. Any claim for compensation for an injury shall be properly noticed to the Division of Workers' Compensation within 52 weeks after the qualifying exposure, or the diagnosis of the disorder, whichever is later.

This provision is identical to provisions in SS/SCS/SBs 119 & 120 (2023).

CHIEF OF POLICE TRAINING (Section 590.033)

This act provides that the POST Commission shall establish a training course for police chiefs that shall be a minimum of 40 hours. All police chiefs appointed after August 28, 2023, shall complete the course within six months of appointment as police chief, unless exempt as provided in the act. Any law enforcement agency who has a police chief who fails to complete the course, shall not receive any POST commission training funding or other state or federal funding until the police chief completes the training course.

PEACE OFFICER BASIC TRAINING (Section 590.040)

Under current law, the POST Commission sets a minimum number of basic training hours for licensure for peace officers no lower than 470 hours and no higher than 600 with certain exceptions as provided in law. This act changes this requirement to be no lower than 600 hours.

DISCIPLINARY PROCEDURES FOR PEACE OFFICERS (Section 590.080)

This act adds additional grounds for when the Director of the Department of Public Safety shall discipline peace officers. This act provides that any peace officer shall be disciplined who:

• Is unable to perform the function of a peace officer with reasonable competency or reasonable safety;

• Has committed any crime or has been convicted in a criminal prosecution under any state laws, any federal laws, or any laws of anther country, regardless if a sentence was imposed;

• Has committed any act that involves moral turpitude or a reckless disregard for the safety of the public;

• Has tested positive for a controlled substance without a valid prescription;

• Is subject to an order suspending or revoking a peace officer license from another state, territory, the federal government, or any peace officer licensing authority; or

• Has committed any act of gross misconduct indicating inability to function as a peace officer.

This provision is substantially similar to SB 689 (2022) and to provisions in SCS/HB 2088, et al (2022) and HB 2439 (2022).

CRITICAL INCIDENT STRESS MANAGEMENT PROGRAM (Section 590.192)

This act adds firefighters as eligible first responder personnel to receive services from the Critical Incident Stress Management Program of the Department of Public Safety.

This provision is identical to provisions in SS/SCS/SBs 119 &120 (2023) and SB 121 (2023).

MARY GRACE PRINGLE