SB 369 Modifies requirements for certain law enforcement personnel
Sponsor: Scott
LR Number: 1175L.07C Fiscal Note: 1175-07
Committee: Financial & Governmental Organizations and Elections
Last Action: 5/1/2007 - Reported Do Pass H Rules Committee Journal Page: H1423
Title: HCS SCS SB 369 Calendar Position:
Effective Date: August 28, 2007
House Handler: Moore

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Current Bill Summary

HCS/SCS/SB 369 & SB 550 - This act modifies various provisions relating to law enforcement personnel.

Section 43.030

Under this act, the Superintendent shall no longer be required to reside in Jefferson City. The Superintendent shall be appointed from the uniformed membership of the Patrol.

Section 43.050

The Superintendent may enter into an agreement with the Missouri Gaming Commission to enforce any law, rule, or regulation, conduct background investigations under the laws of this state, and enforce the regulations of licensed gaming activities. Members of the patrol hired in conjunction with such an agreement are not subject to the personnel cap. If such an agreement is terminated, the members shall not be subject to the personnel cap for five years, rather than three years. Currently, all members of the patrol hired in conjunction with the community-oriented policing services federal grant are not subject to the personnel cap. Under this act, only those member positions originally acquired in conjunction with the grant shall be exempt.

Sections 43.060 & 590.030

This act modifies the educational requirements for Highway Patrol members and radio personnel. It also requires the POST Commission to establish these same educational requirements as part of the minimum standards for the basic training of peace officers.

Section 43.090

The provision requiring the board of public buildings to provide offices for the Highway Patrol General Headquarters in Jefferson City is also repealed. This act modifies the staffing and administrative requirements that the Superintendent must meet at the general headquarters and troop headquarters.

Section 43.220

This act removes reference to the Missouri State Highways and Transportation Commission's power over the Patrol from statute.

Section 43.546

This act allows any state agency, board, or commission to require an applicant to provide fingerprints in specified occupations or appointments for the purposes of positive identification and receiving criminal history record information when determining the applicant's ability to serve in such an occupation or appointment.

In order to do so, the applicant or employee must submit a set of fingerprints. These fingerprints and the accompanying fees are forwarded to the Highway Patrol to search the state criminal history repository and the FBI for a national criminal background check. All records related to any criminal history information discovered shall be accessible to the state agency making the request.

Section 43.547

This act requires the Highway Patrol, at the direction of the Governor, to conduct name or fingerprint background investigations of gubernatorial appointees. The Governor's directive shall state whether such background investigation shall be a name or fingerprint background investigation. If a fingerprint background investigation is ordered, the appointee must submit a set of fingerprints. These fingerprints and the accompanying fees are forwarded to the Highway Patrol to search the state criminal history repository and the FBI for a national criminal background check.

In addition to the name and fingerprint background investigations, the Highway Patrol may, at the Governor's direction, conduct other investigations to determine if an applicant or appointee has paid his or her required taxes and establish the person's suitability for positions of public trust.

The background investigations may include criminal history record information and other source information obtained by the Highway Patrol.

Section 44.020

Currently, the State Emergency Management Agency operates under the Office of the Adjutant General. This act reorganizes the agency under the Department of Public Safety.

Sections 195.503 & 650.120

This act allows grant money received by multijurisdictional Internet cyber crime law enforcement task forces to be used to purchase necessary equipment, supplies, and services. Currently, the grant money received by such task forces may only be used to pay law enforcement salaries and to provide training.

Currently, multijurisdictional enforcement groups under Chapter 195, RSMo, are allowed to investigate computer, Internet-based, narcotics, and drug violations. This act changes the definition of such groups in Section 195.503, RSMo, to reflect this power. Under this act, multijurisdictional enforcement groups are allowed to received grant money to investigate internet sex crimes against children.

This act allows up to 3% of the money appropriated to the Department of Public Safety for the grant program to be used for administrative costs.

The arrest power of peace officers authorized as a member of a multijurisdictional Internet cyber crime law enforcement task force shall only be used when the officer is an active member of such task force and within the scope of the investigation. The officers shall have the power of arrest anywhere in the state and shall provide prior notification to the local police chief or sheriff of an arrest in his or her jurisdiction. However, if exigent circumstances exist, such arrest may be made and notification shall be made to the police chief or sheriff as soon as possible. The police chief or sheriff may elect to work with task forces within his or her jurisdiction.

This act is similar to HCS/SB 873 (2006), HCS/HB 331 (2007), HCS/HB 405 (2007), HCS/HB 406 (2007), SS/HB 744 (2007), HCS/SCS/SB 52 (2007), HCS/SCS/SB 104 (2007), HCS/SS/SCS/SBs 239, 24, & 445 (2007), HCS/SS/SCS/SB 429 (2007), SS/SCS/SB 531, SCS/SB 256, SCS/HB 41 (2007), HB 849 (2007), HB 960 (2007), HCS/SS/SCS/SB 5 (2007) & SB 269 (2007).