HS/SCS/SBs 49, 213, 130, 32, 235 & 221 - This act allows a person to obtain a permit to carry a concealed firearm, specifically exempts certain individuals from any criminal penalty for carrying a concealed firearm, creates the crimes of leaving the scene of a shooting and attacking a police animal, and expands arrest powers of certain law enforcement officials.

PERSONS ALLOWED TO CARRY A CONCEALED FIREARM: The following individuals are authorized to carry a concealed firearm: 1) an off-duty peace officer (SB221); 2) a peace officer outside his jurisdiction (SB221); 3) a retired peace officer who has a permit to carry concealed (SB130); 4) a retired judge who has a permit to carry concealed(SB130); or 5) an active or retired prosecutor who has a permit to carry concealed (SB49).

If a retired judge, or active or retired prosecutor, does not have a valid permit to carry a firearm, such judge or prosecutor shall successfully complete eight hours of firearms training in order to carry a concealed firearm. An individual not authorized to carry a concealed firearm commits a Class D felony.

PERMIT PROCESS: A person shall not be issued a permit to carry a concealable firearm if such person was adjudicated as a minor for committing a dangerous felony with a concealable firearm. A concealable firearm is a firearm of less than 16 inches in length. The sheriff may access juvenile records in reviewing permit applications.

A person who is age 21 or older may apply for a permit to carry a concealed firearm. Such person may not have any felony convictions or be mentally ill. Such person must complete 24 hours of handgun safety training to be eligible for a permit. An applicant shall pay $100 fee with his application.

A person desiring a permit shall apply to the county sheriff. The sheriff shall conduct a background check on the applicant and shall either issue the permit within 30 days or deny the permit because the person does not meet the above requirements. If a permit request is denied, the applicant may appeal the denial to the Small Claims Court.

Any person who falsifies information to obtain a permit or alters a permit commits a Class D felony. No person with a permit may carry a concealed firearm into a church, school, election precinct, or any government building.

Businesses and individuals have the right to deny access to those carrying concealed firearms. A person who enters in violation of such posted denial commits trespass which is an infraction. A third violation within 5 years is a Class C misdemeanor and will result in the loss of the permit for at least 3 years.

FIREARM OFFENSES: It is unlawful to: 1) possess a firearm, with or without a conceal carry permit, while consuming alcohol; 2) carry a firearm or other lethal weapon onto school property without written permission; and 3) carry a concealed firearm without a license to carry such firearm concealed.

LEAVING THE SCENE OF A SHOOTING: A person commits the crime of leaving the scene of an accidental shooting if he: 1) discharges a firearm or projectile weapon, as defined in Section 571.010, RSMo; 2) causes injury or death to another; and 3) leaves the place of the shooting without giving necessary information to a police officer. A person may leave the scene of a shooting to obtain medical assistance or contact a police officer so long as he returns to the scene.

Conservation agents are authorized to investigate hunting related shootings under this act.

Leaving the scene of a shooting is a Class A misdemeanor for a first offense and a class D felony for a second and subsequent offense. A Class A misdemeanor carries a sentence of up to one year while a Class D felony is punishable by a term not exceeding five years. This portion of the act (from SB 32) is almost identical to the SCS/SB 514 from 1996.

ASSAULTS ON POLICE ANIMALS: It is a Class D felony to assault or kill a police animal while such animal is under the custody of a law enforcement or Department of Corrections officer, investigating a crime, or apprehending a suspect. This portion of the act (from SB 235) is similar to SB 527 from 1996.

ASSAULT OF A PEACE OFFICER: A person who attempts to take a deadly weapon from a law enforcement officer by force commits assault of an officer in the second degree. Assault of an officer in the second degree is a Class B felony. Both provisions are similar to SB 74 (SA #1).

OFFENSES WITHIN PURVIEW OF THE WATER PATROL: No person within the jurisdiction of the State Water Patrol shall expose themselves or have sexual contact in public. The above offenses constitute a Class C misdemeanor for a first offense, Class B misdemeanor for a second offense, and a Class A misdemeanor for a third offense. This provision is similar to that contained in SB 376.

ARREST POWERS OF LAW ENFORCEMENT OFFICERS: A certified peace officer may arrest a person without a warrant when such officer sees the person using physical force against another which creates a "substantial risk of death or injury." An officer may assert such arrest power anywhere in the state. This portion of the act (from SB 213) is identical to HB 69.

An agent of the Conservation Commission who is a certified peace officer pursuant to Chapter 590, RSMo, may arrest any person on any lands not owned, managed or leased by the Commission if the agent has statutory authority and probable cause to make such arrest.

An agent may also arrest any person who is committing an assault against another person. This provision is nearly identical to SB 213 and HB 69.

An officer's federal law enforcement training hours may be counted toward the required certification hours for such officer (SA #2).

HIGHWAY PATROL: In addition to current funds received, all funds received by the Highway Patrol from certain reimbursement costs from air flights, sale of motor vehicles and any other sale of aircraft or aircraft parts shall be placed in the Highway Patrol's Motor Vehicle and Aircraft Revolving Fund.

The act also creates the "Criminal Justice Network and Technology Revolving Fund" in the State Treasury. These funds shall be administered by the Superintendent of the Highway Patrol. All funds associated with the Criminal Justice Network and received by the Highway Patrol shall be credited to this fund. The balances from this fund shall be used for the procurement of telecommunications and computer equipment, services and software for the Criminal Justice Network.

Any unexpended balance in the fund shall not be transferred to General Revenue. All funds associated with the Missouri Uniform Law Enforcement System (MULES) in the Office of Administration's Revolving Administration Trust Fund shall be transferred to the Criminal Justice Network and Technology Revolving Fund on the effective date of this act.

The provisions relating to the Highway Patrol are also contained in HB 697 (TAT).

This act contains a referendum clause for April, 1998.
JAMES KLAHR

HA #1: Only uniformed members of the Highway Patrol may purchase the pistol carried by such member immediately prior to retirement.

HA #2: Removes sections relating to Highway Patrol Motor Vehicle and Aircraft Revolving Fund and proposed Criminal Justice and Technology Revolving Fund.

HA #3: Replaces section making it a crime to leave the scene of a shooting with language making it a crime to leave the scene where a serious physical injury or death has occurred. Leaving the scene is a Class D felony.

HA #4: Allows former municipal judges and former assistant attorneys to carry concealed firearms.

HA #6: Minor changes.

HA #8: Deletes section making nudity on lakes a crime.

HA #9: A bounty hunter shall register with the sheriff of the county where such bounty hunter resides.

HA #12: Application for conceal carry permit includes driver's license number rather than social security number.

HA #13: Prohibits any person permitted to carry a concealed firearm from carrying such firearm into any health care facility.

HA #15: Changes powers of judges to carry concealed.

HA #16: Prohibits carrying a concealed firearm into a post office.