HB0069C-Committee Bill Text

FIRST REGULAR SESSION

HOUSE

COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 69 & 179

89TH GENERAL ASSEMBLY






Reported from the Committee on Criminal Law, February 27, 1997, with recommendation that the House Committee Substitute for House Bills Nos. 69 & 179 Do Pass.

ANNE C. WALKER, Chief Clerk

L0246.06C




AN ACT

To repeal section 70.820, RSMo 1994, and section 544.157, RSMo Supp. 1996, relating to peace officers' arrest powers, and to enact in lieu thereof two new sections relating to the same subject.






Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Section 70.820, RSMo 1994, and section 544.157, RSMo Supp. 1996, are repealed and two new sections enacted in lieu thereof, to be known as sections 70.820 and 544.157, to read as follows:

70.820. 1. Any peace officer of a county or a peace officer of any political subdivision [who has completed the basic police training program as promulgated by] or a federal law enforcement officer who is certified pursuant to chapter 590, RSMo, shall have the authority to respond to an emergency situation outside the boundaries of the political subdivision from which [he derives his] such peace officer's authority is derived, or anywhere within the state for state certified federal officers.

2. Before a peace officer shall have the authority to respond to an emergency situation outside the boundaries of the political subdivision from which the [officer derives his] officer's authority is derived pursuant to subsection 1 of this section, the authority shall be first authorized by ordinance, order, or other ruling by the governing body of the political subdivision from which the officer derives [his] such officer's authority and by the governing body of the political subdivision in which the emergency situation is alleged to be occurring and by the board of police established by section 84.020, RSMo, or by the board of police commissioners established by section 84.350, RSMo, if the officer derives [his] such officer's authority from either board or if the emergency situation is alleged to be occurring within the jurisdiction of either board.

3. As used in this section, "emergency situation" means any situation in which the peace officer has a reasonable belief that a crime is about to be committed, is being committed, or has been committed involving injury or threat of injury to any person, property, or governmental interest and [his] such officer's response is reasonably necessary to prevent or end such emergency situation or mitigate the likelihood of injury involved in such emergency situation. The determination of the existence of any emergency situation shall be in the discretion of the peace officer making the response or in the discretion of a peace officer or governmental officer of the political subdivision in which the emergency situation is alleged to be occurring.

4. As used in this section, "response" shall mean to take any and all action which the peace officer may lawfully take as if exercising [his] such officer's powers within [his] such officer's own jurisdiction.

5. In addition to the emergency response powers prescribed in subsection 1 of this section, any peace officer of a county of the first classification with a charter form of government, or any peace officer of any political subdivision within any county of the first classification with a charter form of government, or any peace officer of any city not within a county, who has completed the basic peace training program pursuant to chapter 590, RSMo, may arrest persons who violate any provision of state law within the boundaries of any county of the first classification or of any city not within a county.

6. In addition to the powers prescribed in subsections 1 and 5 of this section, section 544.216, RSMo, and any other arrest powers, any peace officer, including a federal law enforcement officer, certified by the peace officer standards and training commission may arrest on view, and without a warrant, at any place within this state, any person the peace officer sees asserting physical force or using forcible compulsion for the purpose of causing or creating a substantial risk of death or serious physical injury to any person.

544.157. 1. Any peace officer certified [under] pursuant to chapter 590, RSMo, of any political subdivision of this state, any authorized agent of the department of conservation, any commissioned member of the Missouri capitol police, any commissioned member of the Missouri state park rangers and any authorized agent of the Missouri state water patrol in fresh pursuit of a person who is reasonably believed by [him] such officer to have committed a felony in this state or who has committed, or attempted to commit, in the presence of such officer or agent, any criminal offense or violation of a municipal or county ordinance, or for whom such officer holds a warrant of arrest for a criminal offense, shall have the authority to arrest and hold in custody such person anywhere in this state. Fresh pursuit may only be initiated from within the pursuing peace officer's, conservation agent's, capitol police officer's, state park ranger's or water patrol officer's jurisdiction and shall be terminated once the pursuing peace officer is outside of [his] such officer's jurisdiction and has lost contact with the person being pursued. If the offense is a traffic violation, the uniform traffic ticket shall be used as if the violator had been apprehended in the municipality or county in which the offense occurred.

2. If such an arrest is made in obedience to a warrant, the disposition of the prisoner shall be made as in other cases of arrest under a warrant; if the violator is served with a uniform traffic ticket, [he] the violator shall be directed to appear before a court having jurisdiction to try the offense; if the arrest is without a warrant, the prisoner shall be taken forthwith before a judge of a court with original criminal jurisdiction in the county wherein such arrest was made or before a municipal judge thereof having original jurisdiction to try such offense, who may release the person as provided in section 544.455, conditioned upon [his] such person's appearance before the court having jurisdiction to try the offense. The person so arrested need not be taken before a judge as herein set out if given a summons by the arresting officer.

3. The term "fresh pursuit", as used in this section, shall include hot or fresh pursuit as defined by the common law and also the pursuit of a person who has committed a felony or is reasonably suspected of having committed a felony in this state, or who has committed or attempted to commit in this state a criminal offense or violation of municipal or county ordinance in the presence of the arresting officer referred to in subsection 1 of this section or for whom such officer holds a warrant of arrest for a criminal offense. It shall include also the pursuit of a person suspected of having committed a supposed felony in this state, though no felony has actually been committed, if there is reasonable ground for so believing. "Fresh pursuit" as used herein shall imply instant pursuit.

4. A public agency electing to institute vehicular pursuits shall adopt a policy for the safe conduct of vehicular pursuits by peace officers. Such policy shall meet the following minimum standards:

(1) There shall be supervisory control of the pursuit;

(2) There shall be procedures for designating the primary pursuit vehicle and for determining the total number of vehicles to be permitted to participate at one time in the pursuit;

(3) There shall be procedures for coordinating operation with other jurisdictions; and

(4) There shall be guidelines for determining when the interests of public safety and effective law enforcement justify a vehicular pursuit and when a vehicular pursuit should not be initiated or should be terminated.
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