HCS HB 669 -- LAW ENFORCEMENT (Stroker)

The substitute defines "federal law enforcement officer" and
clarifies that a federal officer has the same authority,
immunity, and defenses from suit as a state peace officer when
making an arrest or rendering assistance involving a nonfederal
crime, if the federal officer:

(1) witnesses a suspect creating a substantial risk of death or
serious physical injury to any person;

(2) is rendering assistance to a Missouri peace officer in an
emergency or upon request of the state officer; or

(3) is a participant in a task force or joint investigation
involving Missouri peace officers.

This substitute allows law enforcement officials to obtain a
search warrant via telephone, radio, or other electronically
communicated means.  The bill provides standardized forms for
the application and affidavit for a telephonic search warrant
and the duplicate original search warrant issued by the judge.
The bill allows a prosecutor to orally authorize a law
enforcement official to sign the prosecutor's name to an
application for a search warrant and, further, allows a judge to
orally authorize the law enforcement official to sign the
judge's name on the search warrant.  Alternatively, the warrant
and the judge's signature authorizing the warrant may be
transmitted by facsimile machine.  In all such cases -- where
the law enforcement official is not in the actual physical
presence of the judge -- the law enforcement official must
provide to the judge a transcription of the recorded
application, affidavit, and duplicate original search warrant
within 48 hours, along with the original recordings.

FISCAL NOTE:  No impact on state funds.

HCS HB 669 -- LAW ENFORCEMENT

CO-SPONSORS:  May (Stroker)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Judiciary
by a vote of 13 to 2.

The substitute defines "federal law enforcement officer" and
clarifies that the federal officer has the same authority,
immunity, and defenses from suit as a state peace officer when
making an arrest or rendering assistance involving a nonfederal
crime, if the federal officer:

(1) has a reasonable belief that a felony or indictable offense
has been committed and reasonable grounds for believing the
person to be arrested committed the offense;

(2) is rendering assistance to a Missouri peace officer in an
emergency or upon request of the state officer; or

(3) is a participant in a task force or joint investigation
involving Missouri peace officers.

This substitute allows law enforcement officials to obtain a
search warrant via telephone, radio or other electronically
communicated means.  The bill provides standardized forms for
(1) the application and affidavit for a telephonic search
warrant; and (2) the duplicate original search warrant issued by
the judge.  The bill allows a prosecutor to orally authorize a
law enforcement official to sign the prosecutor's name to an
application for a search warrant and, further, allows a judge to
orally authorize the law enforcement official to sign the
judge's name on the search warrant.  Alternatively, the warrant
and the judge's signature authorizing the warrant may be
transmitted by facsimile machine.  In all such cases -- where
the law enforcement official is not in the actual physical
presence of the judge -- the law enforcement official must
provide to the judge a transcription of the recorded
application, affidavit, and duplicate original search warrant
within 48 hours, along with the original recordings.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that federal officers often work in
concert with state and local peace officers, but they do so
without the protection of civil immunity.  Missouri's peace
officers have such immunity.  Twenty-nine states provide federal
officers with full or partial civil immunity.  This substitute
puts federal officers in the same position as local police,
granting them immunity from civil suit for carrying out their
official duties.  Regarding telephonic search warrants, the
current warrant process can take 3 or 4 hours, and this
legislation cuts that to 30 minutes.  Many sheriff's departments
don't have the staff to leave an officer at a house while
another officer applies for a warrant, so they end up leaving
the house unattended, allowing suspects to escape or remove
evidence.

Testifying for HB 669 were Representative Stroker; Wiley
Thompson, on behalf of the FBI, DEA, INS, ATF and the Secret
Service; and the Missouri Police Chiefs Assoc.

Testifying for HB 26 were Representative Hartzler (124);
Missouri Deputies Association; Missouri Highway Patrol; Missouri
Sheriffs Association; Missouri Police Chiefs Association;
Missouri Peace Officers Association; and the Missouri State
Fraternal Order of Police.

OPPONENTS:  There was no opposition voiced to the committee.

Richard Smreker, Research Analyst

HB 669 -- Federal Law Enforcement Officers

Co-Sponsors:  Stroker, May (108)

The bill defines "federal law enforcement officer" and clarifies
that the federal officer has the same authority, immunity, and
defenses from suit as a state peace officer when making an
arrest or rendering assistance involving a nonfederal crime, if
the federal officer:

(1) has a reasonable belief that a felony or indictable offense
has been committed and reasonable grounds for believing the
person to be arrested committed the offense;

(2) is rendering assistance to a Missouri peace officer in an
emergency or upon request of the state officer; or

(3) is a participant in a task force or joint investigation
involving Missouri peace officers.