HB 809, HCA 1 -- INVESTIGATION OF LAW ENFORCEMENT OFFICERS

CO-SPONSORS:  Carnahan, Dolan, Kelly (36), Ostmann, Britt

COMMITTEE ACTION:  Voted "do pass" by the Committee on Public
Safety, Law Enforcement and Veteran Affairs by a vote of 13 to 4.

This bill revises the procedures and guidelines for law
enforcement officer discipline.  It requires that an officer who
is the subject of a punitive action be provided with a written
statement of the reason for the punitive action and references
to applicable policies and procedures, and allows the officer to
make a written request for a hearing within 5 days of receipt of
a notice.  The hearing must take place before an individual or
board as defined by local ordinance, administrative rule or
regulation, or agency policies and procedures.  The hearing must
be scheduled no sooner than 5 days and no later than 10 days
after the written request is received.  It requires that any
voting that takes place at the hearing be done by secret ballot
and that the results be reduced to writing and distributed to
all parties involved.

The bill also establishes requirements for interrogation of law
enforcement officers who are under investigation.
Interrogations must be conducted during the officer's on-duty
hours or, if necessary, at some other reasonable hour; the
officer must be informed of the nature of the investigation and
the identity of the officers and other parties participating in
the interrogation; and the officer being interrogated must not
be subjected to offensive language, threatened with punitive
action, or promised a reward in exchange for answering
questions.  The bill also requires that the interrogation be
recorded and a copy be made available to the investigated
officer.  It gives law enforcement officers the right to be
represented by counsel under certain circumstances during the
investigation.

The bill requires the law enforcement agency to give notice to a
law enforcement officer if there is a recommendation for
punitive action and to inform the officer that he or she is
entitled to a hearing in front of a hearing or grievance
committee.  The officer may request a hearing within 5 days of
receipt of a written statement and citation of relevant policies
and procedures.  The bill establishes certain procedures for
conducting hearings and requires that decisions be in writing
and distributed to all parties.

HCA 1 -- Exempts political subdivisions that have review
hearings for law enforcement disciplinary actions.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that the bill gives all police
officers due process rights in disciplinary proceedings and
promotes proper and ethical treatment for officers during
internal investigations.  These rights increase professionalism
in law enforcement throughout the state.

Testifying for the bill were Representative Carnahan; Missouri
State Fraternal Order of Police; and Kansas City Police
Officers' Association.

OPPONENTS:  Those who oppose the bill say that there should be
due process rights for all city employees, not just law
enforcement officers.  The language in the bill requiring
hearings that comply with the administrative procedures in
Chapter 536, RSMo, could burden smaller cities.  Providing
cities with the ability to suspend an officer for reasons other
than those specified in the bill are also of concern.

Testifying against the bill were Missouri Municipal League;
Missouri Chiefs of Police; and Mayor of Trenton.

Amy Woods, Legislative Analyst

Missouri House of Representatives
Last Updated November 26, 2001 at 11:46 am