HB 1585 -- Peace Officer Training

Co-Sponsors:  Hosmer, Kissell, Barnett, Alter, O'Toole

This bill makes several changes to Peace Officers Standards and
Training certification requirements.  The bill:

(1)  Adds definitions to the terms "bailiff" and "commission"
and changes the definitions of "peace officer" and "reserve
peace officer" (Section 590.100);

(2)  Requires that all reserve peace officers be accompanied by
certified peace officers.  Currently, reserve officers in St.
Louis County may engage in certain activities without this
supervision (Section 590.100);

(3)  Deletes provisions giving special definitions and duties to
bailiffs and reserve officers in first classification counties
with a charter government and a population over 900,000 (Section
590.101);

(4)  Requires mandatory standards for basic training and
certification of reserve officers.  Currently, the training
standards program is optional for reserve officers (Section
590.105);

(5)  Updates the minimum training hours for peace officers to
require 470 hours, with exceptions requiring fewer hours for
persons certified before August 28, 1993, persons certified and
commissioned before July 1, 2001, in certain third
classification counties, and reserve peace officers with a
limited commission (Section 590.105);

(6)  Requires peace officers and bailiffs to be qualified
pursuant to the minimum standards program at the time of
commission.  Currently, peace officers may be hired before
meeting the minimum standards if they are certified within one
year of appointment.  Exceptions are provided so that no
certification is necessary for those seeking or holding elected
county office, for park rangers who do not carry firearms, for
officers in certain small counties, for peace officers and
reserve peace officers commissioned before certain dates, and
for officers who serve without the power of arrest (Section
590.110);

(7)  Requires an applicant to a certified law-enforcement
training center to submit fingerprints and authorization for a
criminal history background check, including FBI records.  The
cost of the criminal history check may be borne by the applicant
(Section 590.110);

(8)  Allows the Director of the Department of Public Safety to
require all persons applying for peace officer certification to
pass both a basic training course and a certification
examination.  These requirements may be imposed on peace
officers, federal law enforcement officers, or military police
officers of other states (Section 590.110);

(9)  Requires the chief executive officer of each law
enforcement agency to give notice to the director of all
departures from employment of commissioned peace officers,
indicating in certain situations the reason for the separation
(Section 590.131);

(10)  Provides that all information concerning persons who are
applicants or who are certified as peace officers is kept
confidential without written consent.  Exceptions are provided
for officers involved in litigation and information that is
lawfully requested (Section 590.131);

(11)  Allows the director to censure or probate certification,
in addition to the current remedies of refusal to issue,
suspension, or revocation of certification of peace officers,
bailiffs, and applicants to training academies in certain
situations (Section 590.135);

(12)  Allows the director to establish minimum requirements for
enrollment in a certified training academy (Section 590.135);

(13)  Allows the department to issue a discretionary
certificate, which is subject to review by the Administrative
Hearing Commission (AHC) upon the filing of a written petition
within 30 days of the effective date of the order (Section
590.135);

(14)  Allows the director to suspend or restrict a certified
officer whose conduct constitutes a clear and present danger
under certain circumstances (Section 590.137);

(15)  Requires the department or AHC to serve a suspended or
restricted certified officer in person or by certified mail if
necessary with the director's complaint, all sworn testimony and
affidavits, and the time and date of the preliminary hearing
(Section 590.137);

(16)  Requires the department to file the complaint with the AHC
and the preliminary hearing to be set no later than 5 days after
the date of service of the complaint, which may be continued by
the certified officer's request, to take place no later than 40
days after the date of service (Section 590.137);

(17)  Requires the AHC to only consider evidence at the
preliminary hearing on the issue of whether the department's
order of suspension or restriction should be terminated or
modified, and to issue an immediately-effective preliminary
order within one hour of the hearing, which must be reduced to
writing within 5 business days (Section 590.137);

(18)  Provides that unless either party timely requests a full
hearing on the merits within 60 days of the issuance of the
AHC's preliminary order, it becomes final and effective for 3
years (Section 590.137);

(19)  Requires the AHC to set a date for full hearing and notify
the parties in writing of the time and place upon timely request
(Section 590.137);

(20)  Provides that the proceedings conducted are closed to the
public, and the order made public only when it is final (Section
590.137);

(21)  Requires the department to have the burden of proof in the
proceedings (Section 590.137);

(22)  Allows the department to apply for an injunction or
restraining order with regard to a certified officer who is
shown with substantial probability to be a serious danger to the
health, safety, or welfare of any state resident (Section
590.138);

(23)  Allows the director to administer oaths and issue
subpoenas, which can be enforced as a subpoena issued in a civil
case in the circuit court (Section 590.139);

(24)  Provides that all records relating to a certified officer
who is being investigated to determine fitness to serve are
discoverable and admissible into evidence, and that no privilege
exists between peace officers, certified reserve officers, and
records custodians allowing records or testimony to be withheld
(Section 590.139);

(25)  Provides that those reporting information to the
department when it is conducting an investigation as to
certified officers are immune to civil suit for damages if the
information is given in good faith and without malice (Section
590.139);

(26)  Requires surcharge funds collected in the processing of
criminal cases in excess of those allocated to pay for training
required for certified officers, county coroners, and their
deputies be used to pay for additional training for certified
officers (Section 590.140); and

(27)  Makes it a class B misdemeanor to commission as a peace
officer or bailiff persons who are not certified by the director
and to accept a commission as a peace officer or bailiff without
certification (Section 590.180).