Pre-filed December 1, 1996, and 1,000 copies ordered printed.

Read 2nd time January 13, 1997, and referred to the Committee on Local Government and Economic Development.

Reported from the Committee February 27, 1997, with recommendation that the bill do pass.

Taken up for Perfection April 8, 1997. Bill declared Perfected and Ordered Printed.

TERRY L. SPIELER, Secretary.

S0250.01P

To repeal section 476.083, RSMo Supp. 1996, relating to circuit court marshals, and to enact in lieu thereof one new section relating to the same subject.

Be it enacted by the General Assembly of the State of Missouri, as follows:

     Section A. Section 476.083, RSMo Supp. 1995, is repealed and one new section enacted in lieu thereof to be known as section 476.083 and to read as follows:

     476.083. 1. In addition to any appointments made pursuant to section 485.010, RSMo, the presiding judge of each circuit containing one or more facilities operated by the department of corrections with an average total inmate population in all such facilities in the circuit over the previous two years of more than two thousand five hundred inmates may appoint a circuit court marshal to aid the presiding judge in the administration of the judicial business of the circuit by overseeing the physical security of the courthouse, serving court-generated papers and orders, and assisting the judges of the circuit as the presiding judge determines appropriate. Such circuit court marshal appointed pursuant to the provisions of this section shall serve at the pleasure of the presiding judge. The circuit court marshal authorized by this section is in addition to staff support from the circuit clerks, deputy circuit clerks, division clerks, municipal clerks, and any other staff personnel which may otherwise be provided by law.

     2. The salary of a circuit court marshal shall be established by the presiding judge of the circuit within funds made available for that purpose, but such salary shall not exceed ninety percent of the salary of [any] the highest paid sheriff serving a county wholly or partially within that circuit. Personnel authorized by this section shall be paid from state funds or federal grant moneys which are available for that purpose and not from county funds.

     3. Any person appointed as a circuit court marshal pursuant to this section shall have at least five years' prior experience as a law enforcement officer. In addition, any such person shall within one year after appointment, or as soon as practicable, attend a court security school or training program operated by the United States Marshall Service. In addition to all other powers and duties prescribed in this section, a circuit court marshal may:

     (1) Serve process;

     (2) Wear a concealable firearm, pursuant to a permit granted under section 571.090, RSMo; and

     (3) Make an arrest based upon local court rules and state law, and as directed by the presiding judge of the circuit.