SS SCS SB 351, HCA 1 -- PEACE OFFICER TRAINING

SPONSOR:  Singleton (Hosmer)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Public
Safety, Law Enforcement and Veteran Affairs by a vote of 19 to 0
with 1 present.

This substitute reorganizes and makes several changes to Peace
Officers Standards and Training (POST) licensure requirements.
In its main provisions, the substitute:

(1)  Requires sheriffs who do not hold a valid peace officer's
license to refrain from executing police powers after January 1,
2003, but exempts sheriffs who are serving their first term and
who intend to become licensed within 12 months of taking office
and the sheriff of St. Louis County;

(2)  Requires the POST Commission to establish various classes
of peace officer licenses;

(3)  Requires minimum standards for basic training and
certification of all peace officers which may vary by class of
license.  Currently, the training standards program is optional
for reserve officers;

(4)  Requires the commission to set a minimum number of hours
for basic training no lower than 470 hours and no higher than
600 hours, with certain exceptions;

(5)  Requires applicants to basic training centers 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;

(6)  Requires continuing education for all officers, including
training about the prohibition against racial profiling;

(7)  Requires the chief executive officer of each law
enforcement agency to give notice to the Director of the
Department of Public Safety of all hires to and departures from
employment of licensed peace officers, indicating in certain
situations the reason for the separation;

(8)  Specifies when the director will have cause to discipline a
peace officer licensee, suspend the license of a peace officer,
and deny or conditionally grant an application for a peace
officer license or entrance into a basic training course and
details appeal procedures;

(9)  Requires all information concerning persons who are
applicants or who are licensed as peace officers to be kept
confidential without written consent.  Exceptions are provided
for officers involved in litigation and information that is
lawfully requested;

(10)  Allows the director to issue subpoenas, which can be
enforced as a subpoena issued in a civil case in the circuit
court;

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

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

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

(14)  Makes it a class B misdemeanor to commission as a peace
officer persons who are not licensed by the director and to
accept a commission as a peace officer without a license.

HCA 1 -- Requires sheriffs to give bond to the state on or
before the date of being sworn into office.  Requires reelected
sheriffs to give a new bond and security on or before being
sworn into office.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that law enforcement agencies
throughout the state have reached a consensus to support the
bill.  The bill would professionalize law enforcement in the
state.  They support the provisions requiring licensing of
sheriffs, the exemptions for training for reserve deputies, and
the exemption for counties until 2002.  The bill would require
POST applicants to be fingerprinted and have a background check
completed rather that applying these requirements only after an
applicant has graduated.  It allows the POST Commission to look
at the qualifications and training of military police, secret
service agents, and FBI agents to determine their fulfillment of
the POST certification and training requirements.

Testifying for the bill were Senator Singleton; Missouri
Department of Public Safety; Missouri Chiefs of Police; and
Missouri Sheriffs' Association.

OPPONENTS:  There was no opposition voiced to the committee.

Amy Woods, Legislative Analyst

Missouri House of Representatives
Last Updated November 26, 2001 at 11:47 am