SECOND REGULAR SESSION
94TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES DUSENBERG (Sponsor), ERVIN, RUESTMAN, FISHER SCHAD, BROWN (30) AND YATES (Co-sponsors).
Pre-filed December 11, 2007 and copies ordered printed.
D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 67, RSMo, by adding thereto one new section relating to sanctuary for illegal aliens.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 67, RSMo, is amended by adding thereto one new section, to be known as section 67.307, to read as follows:
67.307. 1. As used in this section, the following terms mean:
(1) "Detention facility", any municipal detention facility, county jail, or correctional facility operated by the department of corrections;
(2) "Domestic violence", an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. "Domestic violence" also includes any other crime against a person or against property, including an animal, or any municipal ordinance violation against a person or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship;
(3) "Intimate relationship", a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time;
(4) "Law enforcement officer", a sheriff or peace officer of a municipality with the duty and power of arrest for violation of the general criminal laws of the state or for violation of ordinances of municipalities;
(5) "Municipality", any county, city, town, or village;
(6) "Municipality official", any elected or appointed official or any law enforcement officer serving the municipality;
(7) "Sanctuary policy", any municipality's order, ordinance, or policy enacted or followed that:
(a) Limits or prohibits any municipality official or person employed by the municipality from communicating or cooperating with federal agencies or officials with regard to the immigration status of any person within such municipality; or
(b) Allows illegal aliens to reside within the municipality in violation of federal immigration law.
2. No municipality shall enact or adopt any sanctuary policy. Any municipality that enacts or adopts a sanctuary policy shall be ineligible for any moneys provided through grants administered by any state agency or department until the sanctuary policy is repealed or is no longer in effect.
3. Any law enforcement officer who has probable cause to believe that any person arrested by the law enforcement officer for a criminal offense is not legally present in the United States shall report such person to the U.S. Citizenship and Immigration Services if such person is not held at a detention facility. If such person is held at a detention facility, and a law enforcement officer reasonably believes that the person is not legally present in the United States, the law enforcement officer shall report such person to the U.S. Citizenship and Immigration Services.
4. The governing body of each municipality shall provide each law enforcement officer with written notice of their duty to cooperate with state and federal agencies and officials on matters pertaining to enforcement of state and federal laws governing immigration, and of the duty to comply with subsection 3 of this section.
5. The governing body of each municipality shall annually submit written confirmation to the general assembly, on or before March first, that the municipality has provided the notice required in subsection 4 of this section and stating the number of reports made by the municipality to the U.S. Citizenship and Immigration Services under this section.
6. No person arrested for a suspected act of domestic violence shall be reported under this section until the person is convicted of a domestic violence offense.
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