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SECOND REGULAR SESSION [TRULY AGREED TO AND FINALLY PASSED] HOUSE COMMITTEE SUBSTITUTE FOR HOUSE BILL NO.
4736H02.07H HB 1866 House _____________________________________________________ Amendment NO.____ Offered By _____________________________________ ___________________________________ AMEND House Committee Substitute for House Bill No.
1866 103RD GENERAL ASSEMBLY 4736H.02T 2026 AN ACT To repeal sections 160.665, 170.315, 590.010, 590.100, and 590.205, RSMo, and to enact in lieu thereof five new sections relating to peace officer license requirements.
1866, Page 1, Section A, Line 2, by inserting after said section and line the following:
Be it enacted by the General Assembly of the state of Missouri, as follows:
4 "84.120.
Section A.
Sections 160.665, 170.315, 590.010, 590.100, and 590.205, RSMo, are repealed and five new sections enacted in lieu thereof, to be known as sections 160.665, 170.315, 590.010, 590.100, and 590.205, to read as follows:
160.665.
Any school district or charter school within the state may designate one or more [elementary or secondary school teachers or administrators] employees of the district or charter school as a school protection officer.
(1) No person shall be appointed or employed as policeman, turnkey, or officer of police who shall have been convicted of, or against whom any indictment may be pending, for any offense, the punishment of which may be confinement in the penitentiary[;
The responsibilities and duties of a school protection officer are voluntary and shall be in addition to the normal responsibilities and duties of the [teacher or administrator] employee.
nor].
Any compensation for additional duties relating to service as a school protection officer shall be funded by the local school district, with no state funds used for such purpose.
No person shall [any person] be so appointed who is not of good character, [or who is not a citizen of the United States,] or who is not able to read and write the English language, or who does not possess ordinary physical strength and courage.
The patrolmen and turnkeys hereafter appointed shall serve while they shall faithfully perform their duties and possess mental and physical ability and be subject to removal only for cause after a hearing by the boards, who are hereby invested with the jurisdiction in the premises.
(2) Any person appointed or employed as a policeman, turnkey, or officer of police shall be a citizen of the United States or shall be a permanent resident of the United States who has been honorably discharged from the United States Armed Forces.
Any person designated by a school district or charter school as a school protection officer shall be authorized to carry concealed firearms or a self-defense spray device in any school in the district.
The board shall have the sole discretion whether to delegate portions of its jurisdiction to hearing officers.
A self-defense spray device shall mean any device that is capable of carrying, and that ejects, releases, or emits, a nonlethal solution or projectile capable of incapacitating a violent threat.
The board shall retain final and ultimate authority over such matters and over the person to whom the delegation may be made.
The school protection officer shall not be permitted to allow any firearm or device out of his or her personal control while that firearm or device is on school property.
In any hearing before the board under this section, the member involved may make application to the board to waive a hearing before the board and request that a hearing be held before a hearing officer.
Any school protection officer who violates this subsection may be removed immediately from the classroom and subject to employment termination proceedings.
3.
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law.
Nothing in this section or chapter shall be construed to prohibit the board of police commissioners from delegating any task related to disciplinary matters, disciplinary hearings, or any other hearing or proceeding which could otherwise be heard by the board or concerning any determination related to whether an officer is able to perform the necessary functions of the position.
Matter in bold-face type in the above bill is proposed language.
Tasks related to the preceding matter may be delegated by the board to a hearing officer under the provisions of subsection 4 of this section.
HCS HB 1866 2 3.
A school protection officer has the same authority to detain or use force against any person on school property as provided to any other person under chapter 563.
Upon detention of a person under subsection 3 of this section, the school protection officer shall immediately notify a school administrator and a school resource officer, if such officer is present at the school.
(1) The hearing officer to whom a delegation has been made by the board may, at the sole discretion of the board, perform certain functions, including but not limited to the following:
If the person detained is a student then the parents or guardians of the student shall also be immediately notified by a school administrator.
(a) Presiding over a disciplinary matter from its inception through to the final hearing;
(b) Preparing a report to the board of police commissioners;
and (c) Making recommendations to the board of police commissioners as to the allegations and the appropriateness of the recommended discipline.
(2) The board shall promulgate rules, which may be changed from time to time as determined by the board, and shall make such rules known to the hearing officer or others.
(3) The board shall at all times retain the authority to render the final decision after a review of the relevant documents, evidence, transcripts, videotaped testimony, or report prepared Action Taken___________________________________________ Date __________________ Page 1 of 4 4736H02.07H by the hearing officer.
Any person detained by a school protection officer shall be turned over to a school administrator or law enforcement officer as soon as practically possible and shall not be detained by a school protection officer for more than one hour.
Hearing officers shall be selected in the following manner:
(1) The board shall establish a panel of not less than five persons, all who are to be licensed attorneys in good standing with the Missouri Bar.
The composition of the panel may change from time to time at the board's discretion;
(2) From the panel, the relevant member or officer and a police department representative shall alternatively and independently strike names from the list with the last remaining name being the designated hearing officer.
The board shall establish a process to be utilized for each hearing which will determine which party makes the first strike and the process may change from time to time;
(3) After the hearing officer is chosen and presides over a matter, such hearing officer shall become ineligible until all hearing officers listed have been utilized, at which time the list shall renew, subject to officers' availability.
Any [teacher or administrator of an elementary or secondary school] employee of a school district or charter school who seeks to be designated as a school protection officer shall request such designation in writing, and submit it to the superintendent of the school district or the executive director of the charter school governing board which employs him or her [as a teacher or administrator].
Nothing in this section shall be construed to authorize the board of police commissioners to remove or discharge any chief, as that term is defined in section 106.273.
Along with this request, any [teacher or administrator] employee seeking to carry a concealed firearm on school property shall also submit proof that he or she has a valid concealed carry endorsement or permit, and all [teachers and administrators] employees seeking the designation of school protection officer shall submit a certificate of school protection officer training program completion from a training program approved by the director of the department of public safety which demonstrates that such person has successfully completed the training requirements established by the POST commission under chapter 590 for school protection officers.
84.570.
7.
No school district or charter school may designate [a teacher or administrator] an employee as a school protection officer unless such person has successfully completed a school protection officer training program, which has been approved by the director of the department of public safety.
No school district or charter school shall allow a school protection officer to carry a concealed firearm on school property unless the school protection officer has a valid concealed carry endorsement or permit.
8.
Any school district or charter school that designates [a teacher or administrator] an employee as a school protection officer shall, within thirty days, notify, in writing, the director of the department of public safety of the designation, which shall include the following:
(1) The full name, date of birth, and address of the officer;
(2) The name of the school district;
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and (3) The date such person was designated as a school protection officer.
HCS HB 1866 3 Notwithstanding any other provisions of law to the contrary, any identifying information collected under the authority of this subsection shall not be considered public information and shall not be subject to a request for public records made under chapter 610.
9.
A school district or charter school may revoke the designation of a person as a school protection officer for any reason and shall immediately notify the designated school protection officer in writing of the revocation.
The school district or charter school shall also within thirty days of the revocation notify the director of the department of public safety in writing of the revocation of the designation of such person as a school protection officer.
A person who has had the designation of school protection officer revoked has no right to appeal the revocation decision.
10.
The director of the department of public safety shall maintain a listing of all persons designated by school districts and charter schools as school protection officers and shall make this list available to all law enforcement agencies.
11.
Before a school district or charter school may designate [a teacher or administrator] an employee as a school protection officer, the school board or governing board shall hold a public hearing on whether to allow such designation.
Notice of the hearing shall be published at least fifteen days before the date of the hearing in a newspaper of general circulation within the city or county in which the school district or charter school is located.
The school board or governing board may determine at a closed meeting, as "closed meeting" is defined under section 610.010, whether to authorize the designated school protection officer to carry a concealed firearm or a self-defense spray device.
12.
Each school district and charter school may consider implementing a school protection officer program consistent with the provisions of this section.
If implementing a school protection officer program, the school board of each school district and governing board of each charter school shall hold a public hearing and determine by a vote at the hearing whether to implement such a program.
170.315.
(1) There is hereby established the "Active Shooter and Intruder Response Training for Schools Program (ASIRT)".
(1) No person shall be appointed policeman or officer of police who shall have been convicted of any offense, the punishment of which may be confinement in the state penitentiary[;
(2) For each school year ending before July 1, [2026] 2027, each school district and charter school [may] shall include in its teacher and school employee training a component on how to properly respond to students who provide them with information about a threatening situation and how to address situations in which there is a potentially dangerous or armed intruder in the school.
nor].
Training [may] shall also include information and techniques on how to address situations where an active shooter is present in the school or on school property.
No person shall [any person] be appointed who is not proven to be of good character, [or who is not proven to be a bona fide citizen of the United States,] or who cannot read and write the English language and who does not possess ordinary physical strength and courage, nor shall any person be originally appointed to said police force who is less than twenty-one years of age.
(3) For the 2026-27 school year and all subsequent school years, each school district and charter school shall include in its teacher and school employee training components on:
Notwithstanding any other provision of law, the board shall have the sole authority to determine conditions of employment for police officers pursuant to section 84.460.
HCS HB 1866 4 (a) How to properly respond to students who provide a teacher or school employee with information about a threatening situation;
(2) Any person appointed or employed as a policeman or officer of police shall be a citizen of the United States or shall be a permanent resident of the United States who has been honorably discharged from the United States Armed Forces.
(b) How to address situations in which there is a potentially dangerous or armed intruder in the school;
(c) Information and techniques on how to address situations where an active shooter is present in the school or on school property;
(d) How to identify potential threats or safety hazards;
and (e) Protocols for emergencies in the school including, but not limited to:
a.
Evacuations;
b.
Severe weather;
c.
Earthquakes;
d.
Fire;
and e.
Medical.
For the 2026-27 school year and all subsequent school years, each school district and charter school that elects to provide such training shall conduct the training on an annual basis.
In the interest of efficiency and public safety, law enforcement officers, as such term is defined in 29 U.S.C.
The length of training shall be determined by the school district or charter school electing to provide such training.
Section 630 or any successor statute, shall be separated from service on the last day of the month in which the employee becomes sixty-five years of age or reaches thirty-five years of creditable service, as such term is defined in subdivision (8) of section 86.900, whichever occurs later.
All school [personnel] employees may participate in a simulated active shooter and intruder response drill conducted and led by law enforcement professionals or school safety professionals.
The board shall from time to time require open competitive examinations or tests for determining the qualifications and fitness of all applicants for appointment to positions on the police force.
Each drill shall include an explanation of its purpose and a safety briefing.
Such examinations and tests shall be practical and shall relate to matters which fairly measure the relative fitness of the candidates to discharge the duties of the positions to which they seek to be appointed.
Notice of such examinations and tests shall be given not less than ten days in advance thereof by public advertisement in at least one newspaper of general circulation in such city, and by posting notice in the police headquarters building.
A list of those qualifying in such examinations shall be established, listing those qualified in order of rank.
When an appointment is to be made, the appointment shall be made from such eligible list.
All instructors for the program shall be certified by the department of public safety's peace officers standards training commission.
The board shall also establish rules for:
5.
(1) Temporary employment for not exceeding sixty days in the absence of any eligible list;
School districts and charter schools may consult and collaborate with law enforcement authorities, emergency response agencies, and other organizations and entities trained to deal with active shooters or potentially dangerous or armed intruders.
(2) Hours of work of police employees and officers subject to the provisions of section 84.510;
6.
and Page 2 of 4 4736H02.07H (3) Attendance regulations and leaves of absence.
Public schools shall actively foster an environment in which students feel comfortable sharing information they have regarding a potentially threatening or dangerous situation with a responsible adult.
590.030.
As part of each public school's efforts to actively foster such environment, each public school shall annually provide age-appropriate information and training on the Missouri state highway patrol's Courage2ReportMO (C2R) reporting mechanism or its successor reporting mechanism.
7.
For the 2026-27 school year and all subsequent school years, each school district and charter school shall hold an age-appropriate active shooter exercise in which students, teachers, and other school employees participate in and practice the procedures for safety and protection to be implemented under such conditions.
590.010.
As used in this chapter, the following terms mean:
HCS HB 1866 5 (1) "Commission", when not obviously referring to the POST commission, means a grant of authority to act as a peace officer;
(2) "Director", the director of the Missouri department of public safety or his or her designated agent or representative;
(3) "Peace officer", a law enforcement officer of the state or any political subdivision of the state with the power of arrest for a violation of the criminal code or declared or deemed to be a peace officer by state statute;
(4) "POST commission", the peace officer standards and training commission;
(5) "Reserve peace officer", a peace officer who regularly works less than thirty hours per week;
(6) "School protection officer", an [elementary or secondary school teacher or administrator] employee of a school district or charter school who has been designated as a school protection officer [by a school district].
590.100.
The director shall have cause to deny any application for a peace officer license or entrance into a basic training course when the director has knowledge that would constitute cause to discipline the applicant if the applicant were licensed.
The POST commission shall establish minimum standards for the basic training of peace officers.
Such standards may vary for each class of license established pursuant to subsection 2 of section 590.020.
The director shall have cause to deny any application for a peace officer license or entrance into a basic training course when the applicant had a peace officer license or certification that was revoked or surrendered.
The director shall establish minimum age, citizenship, and general education requirements and may require a qualifying score on a certification examination as conditions of eligibility for a peace officer license.
Such general education requirements shall require completion of a high school program of education under chapter 167 or obtainment of a General Educational Development (GED) certificate.
When the director has knowledge of cause to deny an application pursuant to this section, the director may grant the application subject to probation or may deny the application.
The director shall provide for the licensure, with or without additional basic training, of peace officers possessing credentials by other states or jurisdictions, including federal and military law enforcement officers.
The director shall notify the applicant in writing of the reasons for such action and of the right to appeal pursuant to this section.
[3.] 4.
Any applicant aggrieved by a decision of the director pursuant to this section may appeal within thirty days to the administrative hearing commission, which shall conduct a hearing to determine whether the director has cause for denial, and which shall issue findings of fact and conclusions of law on the matter.
The administrative hearing commission shall not consider the relative severity of the cause for denial or any rehabilitation of the applicant or otherwise impinge upon the discretion of the director to determine whether to grant the application subject to probation or deny the application when cause exists pursuant to this section.
Failure to submit a written request for a hearing to the administrative hearing commission within thirty days after a decision of the director pursuant to this section shall constitute a waiver of the right to appeal such decision.
[4.] 5.
Upon a finding by the administrative hearing commission that cause for denial exists, the director shall not be bound by any prior action on the matter and shall, within thirty days, hold a hearing to determine whether to grant the application subject to probation or HCS HB 1866 6 deny the application.
If the licensee fails to appear at the director's hearing, this shall constitute a waiver of the right to such hearing.
[5.] 6.
The provisions of chapter 621 and any amendments thereto, except those provisions or amendments that are in conflict with this chapter, shall apply to and govern the proceedings of the administrative hearing commission pursuant to this section and the rights and duties of the parties involved.
590.205.
1.
The POST commission shall establish minimum standards for school protection officer training instructors, training centers, and training programs.
2.
The director shall develop and maintain a list of approved school protection officer training instructors, training centers, and training programs.
The director shall not place any instructor, training center, or training program on its approved list unless such instructor, training center, or training program meets all of the POST commission requirements under this section and section 590.200.
The director shall make this approved list available to every school district in the state.
The required training to become a school protection oficer shall be provided by those firearm instructors, private and public, who have successfully completed a department of public safety POST certified law enforcement firearms instructor school.
3.
Each person seeking entrance into a school protection officer training center or training program shall submit a fingerprint card and authorization for a criminal history background check to include the records of the Federal Bureau of Investigation to the training center or training program where such person is seeking entrance.
The training center or training program shall cause a criminal history background check to be made and shall cause the resulting report to be forwarded to the school district where the [elementary school teacher or administrator ] employee is seeking to be designated as a school protection officer.
No person shall be admitted to a school protection officer training center or training program unless such person submits proof to the training center or training program that he or she has a valid concealed carry endorsement or permit.
The director shall establish a procedure for obtaining a peace officer license and shall issue the proper license when the requirements of this chapter have been met.
A certificate of school protection officer training program completion may be issued to any applicant by any approved school protection officer training instructor.
As conditions of licensure, all licensed peace officers shall:
On the certificate of program completion the approved school protection officer training instructor shall affirm that the individual receiving instruction has taken and passed a school protection officer training program that meets the requirements of this section and section 590.200 and indicate whether the individual has a valid concealed carry endorsement or permit.
(1) Obtain continuing law enforcement education pursuant to rules to be promulgated by the POST commission;
The instructor shall also provide a copy of such certificate to the director of the department of public safety.
(2) Maintain a current address of record on file with the director;
HCS HB 1866 7 6.
and (3) Submit to being fingerprinted on or before January 1, 2022, and at any time a peace officer is commissioned with a different law enforcement agency, for the purposes of a criminal history background check and enrollment in the state and federal Rap Back programs, pursuant to section 43.540.
The POST commission shall establish requirements for the continuing education of all school protection officers.
The criminal history background check shall include the records of the Federal Bureau of Investigation.
All school protection officers shall annually receive twenty hours of firearms skill development training.
The resulting report shall be forwarded to the officer's commissioning law enforcement agency at the time of enrollment and Rap Back enrollment shall be for the purpose of the requirements of subsection 3 of section 590.070 and subsection 2 of section 590.118.
An officer shall take all necessary steps to maintain enrollment in Rap Back at all law enforcement agencies where the officer is commissioned for as long as the officer is commissioned with a law enforcement agency or that agency.
6.
A peace officer license shall automatically expire if the licensee fails to hold a commission as a peace officer for a period of five consecutive years, provided that the POST commission shall provide for the relicensure of such persons and may require retraining as a condition of eligibility for relicensure, and provided that the director may provide for the continuing licensure, subject to restrictions, of persons who hold and exercise a law enforcement commission requiring a peace officer license but not meeting the definition of a peace officer pursuant to this chapter.
7.
All law enforcement agencies shall enroll in the state and federal Rap Back programs on or before January 1, 2022, and continue to remain enrolled.
The law enforcement agency shall take all necessary steps to maintain officer enrollment for all officers commissioned with that agency in the Rap Back programs.
An officer shall submit to being fingerprinted at any law enforcement agency upon commissioning and for as long as the officer is commissioned with that agency.
8.
Notwithstanding any other provision of law to the contrary, any citizenship requirements established by the POST commission as a condition of eligibility for a peace officer license shall allow a person to serve as a law enforcement officer if he or she is a permanent resident of the United States who has been honorably discharged from the United States Armed Forces.";
and Page 3 of 4 4736H02.07H Further amend said bill and page, Section 590.100, Line 9, by inserting after the word "States" the words "or is not a permanent resident of the United States who has been honorably discharged from the United States Armed Forces";
and Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
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