Summary of the Introduced Bill

HB 479 -- Peace Officer Training

Co-Sponsors:  Hosmer, Britt, McKenna, Hampton, Barnett,
Richardson, O'Toole, Ross, Merideth

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

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

(2)  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;

(3)  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;

(4)  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;

(5)  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;

(6)  Provides when the director will have cause to discipline a
peace officer licensee and details the complaint and appeal
procedure;

(7)  Provides when the director will have cause to suspend the
license of a peace officer and details the suspension and appeal
procedure;

(8)  Provides when the director will have cause to deny or
conditionally grant an application for a peace officer license
or entrance into a basic training course and details the appeal
procedure;

(9)  Requires that all information concerning persons who are
applicants or who are licensed as peace officers 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 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.


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Last Updated September 13, 2001 at 2:02 pm