To repeal sections 57.201, 57.220, 57.221, 57.251, 85.011 and 590.500, RSMo 1994, and section 57.250, RSMo Supp. 1996, relating to peace officers, and to enact in lieu thereof six new sections relating to the same subject.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section A. Sections 57.201, 57.220, 57.221, 57.251, 85.011 and 590.500, RSMo 1994, and section 57.250, RSMo Supp. 1996, are repealed and six new sections enacted in lieu thereof, to be known as sections 57.201, 57.220, 57.250, 57.251, 85.011 and 590.500, to read as follows:

     57.201. 1. The sheriff of all counties of the first class not having a charter form of government shall appoint such deputies, assistants and other employees as [he] the sheriff deems necessary for the proper discharge of the duties of [his] such sheriff's office and may set their compensation within the limits of the allocations made for that purpose by the county commission. The compensation for the deputies, assistants and employees shall be paid in equal installments out of the county treasury in the same manner as other county employees are paid.

     2. The [deputies,] assistants and employees shall hold office at the pleasure of the sheriff, except that deputies are entitled to a disciplinary hearing prior to dismissal, demotion or suspension pursuant to the provisions of sections 85.011 and 590.500, RSMo.

     57.220. The sheriff, in a county of the second class, shall be entitled to such a number of deputies as a majority of the circuit judges of the circuit court shall deem necessary for the prompt and proper discharge of the duties of [his] the sheriff's office; provided, however, such number of deputies appointed by the sheriff shall not be less than one chief deputy sheriff and one additional deputy for each five thousand inhabitants of the county according to the last decennial census. Such deputies shall be appointed by the sheriff, but no appointment shall become effective until approved by a majority of the circuit judges of the circuit court of the county. A majority of the circuit judges of the circuit court, by agreement with the sheriff, shall fix the salaries of such deputies. A statement of the number of deputies allowed the sheriff, and their compensation, together with the approval of any appointment by such judges of the circuit court, shall be in writing and signed by them and filed by the sheriff with the county commission. Deputies are entitled to a disciplinary hearing prior to dismissal, demotion or suspension pursuant to the provisions of sections 85.011 and 590.500, RSMo.

     [57.221. Notwithstanding the provisions of section 57.220, or any other provision of law in conflict with the provisions of this section, no county which becomes a county of the second class after September 28, 1987, shall be required to appoint or compensate deputy sheriffs in the manner prescribed in section 57.220. In such counties sheriff's deputies shall continue to be appointed in the manner provided for counties of the third class.]

     57.250. The sheriff in counties of the third and fourth classifications shall be entitled to such number of deputies and assistants, to be appointed by such official, with the approval of a majority of the circuit judges of the circuit court, as such judges shall deem necessary for the prompt and proper discharge of [his] the sheriff's duties relative to the enforcement of the criminal law of this state. Such judges of the circuit court, in their order permitting the sheriff to appoint deputies or assistants, shall fix the compensation of such deputies or assistants. The circuit judges shall annually review their order fixing the number and compensation of the deputies and assistants and in setting such number and compensation shall have due regard for the financial condition of the county. Each such order shall be entered of record and a certified copy thereof shall be filed in the office of the county clerk at least fifteen days prior to the date of the adoption of the county budget as prescribed by section 50.610, RSMo. The sheriff may at any time discharge any deputy or assistant and may regulate the time of such person's employment, except that deputies are entitled to a disciplinary hearing prior to dismissal, demotion or suspension pursuant to the provisions of sections 85.011 and 590.500, RSMo. At the request of the sheriff, the presiding judge may order additional deputies in cases where exigent or emergency circumstances require the need for such additional deputies.

     57.251. 1. The sheriff of each county of the third and fourth classes shall appoint such deputies, assistants and other employees as [he] the sheriff deems necessary for the proper discharge of the duties of [his] such sheriff's office and may set their compensation within the limits of the allocations made for that purpose by the county commission. The compensation for the deputies, assistants and employees shall be paid in equal installments out of the county treasury in the same manner as other county employees are paid.

     2. The [deputies,] assistants and employees shall hold office at the pleasure of the sheriff, except that deputies are entitled to a disciplinary hearing prior to dismissal, demotion or suspension pursuant to the provisions of sections 85.011 and 590.500, RSMo.

     3. The provisions of this section shall not become effective until the supreme court of the state of Missouri has issued an opinion, or until an opinion of a circuit court of the state of Missouri has become final, stating substantially that section 57.250 is invalid or unconstitutional in part or as a whole, and that a sheriff has no authority to appoint deputy sheriffs [under] pursuant to such section. Once either of such events occurs, then this section shall become effective as of the date the opinion of the supreme court becomes effective or as of the date the opinion of the circuit court becomes final, as the case may be, or October 1, 1983, whichever occurs later.

     85.011. Any law enforcement officer, other than an elected sheriff, marshall or police chief [or deputy,] who possesses the duty and power of arrest for violations of the criminal laws of this state or for violations of ordinances of counties or municipalities of this state, who is regularly employed for more than thirty hours per week, and who is employed by a law enforcement agency of this state or political subdivision of this state which employs more than [fifteen] five law enforcement officers, [shall be given upon written request a meeting within forty-eight hours] who is the subject of a dismissal, disciplinary demotion or suspension that results in a reduction or withholding of salary or compensatory time[. The meeting shall be held before any individual or board as designated by the governing body. At any such meeting, the employing law enforcement agency] shall at a minimum [provide] be provided with a brief written statement and citation from the department's written and distributed policy and procedure manual[, which may be oral,] of the reason [of] for the discharge, disciplinary demotion or suspension, and permit the law enforcement officer the opportunity to respond[.] and request a hearing. If the officer requests a hearing, the hearing shall be held within thirty days of such request. No hearing shall be held until at least fifteen days after the officer is provided with the written notice. The highest ranking officer of the department, or such officer's designee, and the officer requesting the hearing shall each appoint an equal number of officers to serve on the hearing board. The ranking officer, or designee, and requesting officer shall also appoint one officer agreed upon by both who will serve as the hearing chairman with voting rights. Each department shall determine the size of the hearing board and shall distribute this information in writing. The results from such [meeting] hearing shall be reduced to writing. Any law enforcement agency that has substantially similar or greater written and distributed procedures shall be deemed to be in compliance with this section. This section shall not apply to an officer serving in a probationary period. [or to the highest ranking officer of any law enforcement agency. Any law enforcement officer employed by the state shall not be subject to the provisions of this section.]

     590.500. Any law enforcement officer, other than an elected sheriff, marshall, or police chief [or deputy,] who possesses the duty and power of arrest for violations of the criminal laws of this state or for violations of ordinances of counties or municipalities of this state, who is regularly employed for more than thirty hours per week, and who is employed by a law enforcement agency of this state or political subdivision of this state which employs more than [fifteen] five law enforcement officers, [shall be given upon written request a meeting within forty-eight hours] who is the subject of a dismissal, disciplinary demotion or suspension that results in a reduction or withholding of salary or compensatory time[. The meeting shall be held before any individual or board as designated by the governing body. At any such meeting, the employing law enforcement agency] shall at a minimum [provide] be provided with a brief written statement and citation from the department's written and distributed policy and procedure manual[, which may be oral,] of the reason of the discharge, disciplinary demotion or suspension, and permit the law enforcement officer the opportunity to respond[.] and request a hearing. If the officer requests a hearing, the hearing shall be held within thirty days of such request. No hearing shall be held until at least fifteen days after the officer is provided with the written notice. The highest ranking officer of the department, or such officer's designee, and the officer requesting the hearing shall each appoint an equal number of officers to serve on the hearing board. The ranking officer, or designee, and requesting officer shall also appoint one officer agreed upon by both who will serve as the hearing chairman with voting rights. Each department shall determine the size of the hearing board and shall distribute this information in writing. The results from such [meeting] hearing shall be reduced to writing. Any law enforcement agency that has substantially similar or greater written and distributed procedures shall be deemed to be in compliance with this section. This section shall not apply to an officer serving in a probationary period. [or to the highest ranking officer of any law enforcement agency.]