CCS SCS HB 80 -- LAW ENFORCEMENT

This bill makes various changes pertaining to law enforcement.

MULTIJURISDICTIONAL ANTIFRAUD ENFORCEMENT GROUPS

The bill allows political subdivisions to form groups for the
purpose of investigating fraudulent activities.  The bill:

(1)  Defines a "multijurisdictional antifraud enforcement group"
(MAEG) as a combination of political subdivisions formed, by
ordinance, to investigate fraud;

(2)  Grants officers authorized as MAEG members the power of
arrest, which can be exercised anywhere in the state if
notification is given to the authorities of the venue;

(3)  Permits the formation of an MAEG across state lines, if
permitted by the bordering state.  Law enforcement officers from
the bordering states may be deputized locally; and

(4)  Makes MAEG units eligible for state grants for operating
costs if certain conditions are met.

PEACE OFFICER TRAINING

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

(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 the sheriff of St. Louis County and sheriffs
who are serving their first term and who intend to become
licensed within 12 months of taking office;

(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.

CONFIDENTIALITY OF PEACE OFFICER RECORDS

The bill prohibits the Department of Revenue from releasing
information contained in its motor vehicle or driver
registration records regarding any peace officer.  It also
extends the confidentiality to members of the officer's
immediate family and allows the department to release the
information if the officer has a commercial driver's license.

LAW ENFORCEMENT DISTRICTS

The bill authorizes the creation of law enforcement districts in
Camden County to fund, promote, and operate projects relating to
law enforcement.  Ten percent of the registered voters in a
district may file a petition in circuit court requesting the
creation of a district.  The bill sets forth the requirements
and court procedure regarding the petition.  A board of
directors consisting of 5 elected members will govern each law
enforcement district.  A district may impose a property tax if
approved by voters.  The bill outlines the legal powers of a law
enforcement district, including the powers to contract, borrow
money, and coordinate efforts with state and local agencies.  It
also outlines methods for changing the boundaries of a district
and for terminating a district's authority to levy property
taxes.

MISCELLANEOUS PROVISIONS

The bill authorizes the City of Kansas City to submit a sales
tax proposal for law enforcement to the voters sooner than 12
months after the last proposal was submitted if the proposal is
submitted on or before November 6, 2001.

Certain offenders may be held up to 24 hours after arrest
without a warrant.

An additional penalty of 10% of the face amount is added to the
fine for passing a bad check for $100 or more.  The fee for
administrative handling costs is limited to $50.

The requirement for annual sensitivity training from the racial
profiling statute is eliminated.

The provisions of the bill relating to law enforcement districts
and the sales tax proposal for Kansas City are subject to an
emergency clause.

Missouri House of Representatives
Last Updated November 26, 2001 at 11:42 am