Amendment vs bill Amendment 6656H02.01H (Distributed) vs Perfected

Struck = removed from the bill ยท added = the amendment's new text.

Previous
Latest
SECOND REGULAR SESSION [PERFECTED] HOUSE COMMITTEE SUBSTITUTE FOR HOUSE BILL NO.
6656H02.01H HB 3113 House _____________________________________________________ Amendment NO.____ Offered By _____________________________________ ___________________________________ AMEND House Committee Substitute for House Bill No.
3113 103RD GENERAL ASSEMBLY 6656H.02P JOSEPH ENGLER, Chief Clerk AN ACT To repeal section 161.506, RSMo, and to enact in lieu thereof five new sections relating to drug abuse.
3113, Page 1, Section 8.990, Line 15, by inserting after said section and line the following:
Be it enacted by the General Assembly of the state of Missouri, as follows:
4 "9.390.
Section A.
The month of June is hereby designated as "Immigrant Heritage Month" in Missouri.
Section 161.506, RSMo, is repealed and five new sections enacted in lieu thereof, to be known as sections 8.990, 9.507, 161.506, 590.198, and 590.1700, to read as follows:
The citizens of this state are encouraged to participate in appropriate events and activities to celebrate the accomplishments and contributions of immigrants and their children to make Missouri a healthier, safer, more diverse, and more prosperous place.
8.990.
9.391.
October second each year is hereby designated as "Wrongful Conviction Day" in Missouri.
The citizens of this state are encouraged to participate in appropriate events and activities to raise awareness about individuals who have been convicted of crimes they did not commit and to focus on the causes of and remedies for wrongful convictions, an issue that affects and devastates individuals, families, and societies worldwide.
9.392.
December first each year is hereby designated as "Freeman Bosley, Sr.
Day" in Missouri.
The citizens of this state are encouraged to participate in appropriate events and activities to celebrate the legendary St.
Louis City politician who retired in 2017 after thirty years of service to the city and was an advocate for young people participating in government and engaging in public service.";
and Further amend said bill, Page 3, Section 161.506, Line 47, by inserting after said section and line the following:
"563.046.
The administrator of each public building shall maintain a supply of naloxone for use in case of a suspected overdose in or on the grounds of the public building.
A law enforcement officer need not retreat or desist from efforts to effect the arrest, or from efforts to prevent the escape from custody, of a person he or she reasonably believes to have committed an offense because of resistance or threatened resistance of the arrestee.
For purposes of this section, "public building" means a building owned, leased, or operated by a governmental subdivision of the state including, but not limited to, a city, county, or school district.
In addition to the use of physical force authorized under other sections of this chapter, a law enforcement officer is, subject to the provisions of subsections 2 [and], 3, and 4 of this section, justified in the use of such physical force as he or she reasonably believes is immediately necessary to effect the arrest or to prevent the escape from custody.
The naloxone and instructions for its use shall be stored:
The use of any physical force in making an arrest is not justified under this section unless the arrest is lawful or the law enforcement officer reasonably believes the arrest is lawful, Action Taken___________________________________________ Date __________________ Page 1 of 6 6656H02.01H and the amount of physical force used was objectively reasonable in light of the totality of the particular facts and circumstances confronting the officer on the scene, without regard to the officer's underlying intent or motivation.
(1) Inside the public building's first aid kit, if any;
and (2) In the same location as the public building's automated external defibrillators, if any.
The public building shall make all reasonable efforts to notify all occupants of the building:
In effecting an arrest or in preventing an escape from custody, a law enforcement officer is justified in using deadly force only:
(1) That there is naloxone on the property;
(1) When deadly force is authorized under other sections of this chapter;
(2) Where the naloxone is located;
or (2) When the officer reasonably believes that such use of deadly force is immediately necessary to effect the arrest or prevent an escape from custody and also reasonably believes that the person to be arrested:
and (3) That emergency personnel should be contacted if the naloxone is administered.
(a) Has committed or attempted to commit a felony offense involving the infliction or threatened infliction of serious physical injury;
EXPLANATION โ€” Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law.
or (b) Is attempting to escape by use of a deadly weapon or dangerous instrument;
Matter in bold-face type in the above bill is proposed language.
or (c) May otherwise endanger life or inflict serious physical injury to the officer or others unless arrested without delay.
HCS HB 3113 2 9.507.
4.
The month of October each year is hereby designated as "Fentanyl Poisoning Awareness Month" in Missouri.
The use of a respiratory choke-hold for any purpose other than is authorized under section 590.805 shall be cause for the law enforcement officer's immediate dismissal and revocation of his or her license under chapter 590.
The citizens of this state are encouraged to participate in appropriate events and activities to raise awareness about the dangers of fentanyl use and the risks of overdose and poisoning from ingesting fentanyl.
5.
161.506.
The defendant shall have the burden of injecting the issue of justification under this section.";
and Further amend said bill and page, Section 590.198, Line 3, by inserting after said section and line the following:
"590.1065.
Law enforcement agencies and school districts receiving funds under sections 161.500 to 161.508 shall concentrate enhanced apprehension, prevention and education efforts and resources on drug and alcohol use and drug trafficking in and around schools, parks and playgrounds.
A peace officer shall intervene to prevent or stop another peace officer from using physical force that exceeds the degree of force permitted under this chapter in pursuance of the other peace officer's law enforcement duties in carrying out an arrest of any person, placing any person under detention, taking any person into custody, booking any person, or in the process of crowd or riot control without regard to chain of command.
Such enhanced apprehension, prevention, and education efforts shall include, but not be limited to:
(1) Drug and alcohol traffic intervention programs;
(2) School- and classroom-oriented programs, using tested drug and alcohol education curriculum that provides in-depth and accurate information on drugs and alcohol, which may include the participation of local law enforcement agencies and qualified drug and alcohol use prevention specialists and which are designed to increase teachers' and students' awareness of drugs and alcohol and their effects;
(3) Family-oriented programs aimed at preventing drug and alcohol use, which may include the participation of community-based organizations experienced in the successful operation of such programs;
(4) The establishment of a local drug-free school advisory committee.
The committee shall be established and appointed by the school board of each school district.
The committee may be a newly created committee or an existing local drug and alcohol use committee as designated by the appointing authority.
Show all 141 changed rows (101 more)
Previous
Latest
The committee shall be composed of, at a minimum, the following:
(a) Local and law enforcement executives;
(b) School district administrators;
(c) School-site staff, which includes administrators, teachers and certified personnel;
(d) Parents;
(e) Students;
(f) School peace officers;
(g) State, county, or local drug and alcohol program administrators designated pursuant to chapter 195;
and (h) Drug and alcohol prevention program executives;
(5) Development and distribution of appropriate written and audiovisual aids for training of school and law enforcement staff for handling drug- and alcohol-related problems and offenses.
Appropriate existing aids may be used in lieu of the development of new materials;
HCS HB 3113 3 (6) Development of prevention and intervention programs for elementary school teachers and students, including utilization of existing prevention and intervention programs;
(7) Development of a coordinated intervention system that identifies students with chronic drug and alcohol abuse treatment programs;
and (8) Development of education programs on fentanyl use and poisoning for students in grades six through twelve.
Enhanced apprehension, prevention, and education efforts commenced under this section shall be a joint effort between law enforcement agencies and local school districts.
A peace officer who intervenes as required under subsection 1 of this section shall report the intervention to his or her immediate supervisor.
These efforts shall include, but are not limited to, the concentration of apprehension efforts in problem areas cooperatively identified by local school and law enforcement authorities.
At a minimum, the report required under this subsection shall include:
(1) The date, time, and place of the occurrence;
(2) The identity, if known, and description of the participants;
and (3) A description of the intervention actions taken.
Such report shall be made in writing within ten days of the occurrence of the use of such force and shall be appended to all other reports of the incident.
Page 2 of 6 6656H02.01H 3.
A member of a law enforcement agency shall not discipline or retaliate in any way against a peace officer for intervening as required under subsection 1 of this section, reporting unconstitutional conduct, or failing to follow what the peace officer reasonably believes is an unconstitutional directive.
4.
When an internal investigation finds that a peace officer failed to intervene or prevent the use of unlawful physical force under this section, such finding shall be presented to the prosecuting attorney for a determination as to whether charges should be filed.
However, nothing in this subsection prohibits the prosecuting attorney from charging a peace officer with failure to intervene before the conclusion of any internal investigation.
5.
In addition to any criminal liability and penalty, when an internal investigation finds that a peace officer failed to intervene or prevent the use of unlawful physical force under this section in an incident resulting in serious bodily injury or death to any person, the peace officer's employer shall subject the peace officer to discipline, up to and including termination, to the extent permitted under applicable constitutional and statutory law, and the director shall revoke the peace officer's license under chapter 590 upon receipt of notice of the peace officer's discipline.
Such revocation may be overturned only if the peace officer is exonerated by a court.
6.
In a case in which the prosecution charges a peace officer with offenses related to and based on the use of excessive force but does not file charges against any other peace officer or officers who were at the scene during the use of such force, the prosecuting attorney shall prepare a written report explaining his or her basis for the decision not to charge any other peace officer with criminal conduct and shall disclose the report to the public;
except that, if disclosure of the report would substantially interfere with or jeopardize an ongoing criminal investigation, the prosecuting attorney may delay public disclosure for up to forty-five days.
The prosecuting attorney shall post the written report on the prosecuting attorney office's website or, if the office does not have a website, make it publicly available upon request.
7.
The offense of failing to intervene to prevent the use of unlawful force under this section is considered an act of complicity and the penalty for such act shall be equal to the penalty imposed against the peace officer who committed the original wrongdoing for which the peace officer failed to intervene.
Nothing in this subsection shall prohibit or discourage prosecution of any other criminal offense related to failure to intervene, including a higher charge, if supported by the evidence.
590.1125.
1.
The provisions of this section shall be known as the "Missouri Automatic License Plate Reader Regulation Act".
2.
For purposes of this section, the following terms mean:
(1) "Automatic license plate recognition system" or "ALPR system", any device or software that automatically captures, stores, or analyzes images of motor vehicle license plates and associated data;
Page 3 of 6 6656H02.01H (2) "Automatic license plate system recognition data" or "ALPR system data", any image, record, or metadata captured or generated by an ALPR system;
(3) "Law enforcement agency", any state, county, or municipal law enforcement entity, including the Missouri state highway patrol;
(4) "Personally identifiable information", includes any data that can be used to identify a specific person, vehicle owner, or vehicle operator.
Funds appropriated pursuant to sections 161.500 to 161.508 may be used in part to support state-level development and statewide distribution of appropriate written and audiovisual aids for public awareness and training of school and law enforcement staff for handling drug- and alcohol-related problems and offenses.
A law enforcement agency shall use an automatic license plate recognition system only for the following purposes:
When existing aids can be identified, these aids may be used in lieu of the development of new aids.
(1) During a criminal investigation when there is reasonable suspicion that a crime has been, is being, or is about to be committed;
590.198.
(2) For active investigations involving missing or endangered persons including, but not limited to, amber alerts or silver alerts;
Prior to January 1, 2028, every law enforcement agency in the state shall participate in training provided through the POST program's Operation Overdose (OD) Justice Initiative.
and (3) To receive automated alerts regarding missing or endangered persons, stolen vehicles, or stolen license plates.
590.1700.
4.
ALPR systems shall not be used for general surveillance, immigration enforcement, civil code enforcement, or monitoring persons engaged in lawful activity.
5.
(1) No ALPR system shall be installed on a state highway right-of-way without approval of the proposed location of the device from the department of transportation based on road safety.
(2) No ALPR system shall be installed on a right-of-way controlled by a city, town, or village without approval of the proposed location of the device from the road department of such city, town, or village based on road safety.
6.
ALPR system data collected under this section shall be destroyed no later than thirty days after collection unless:
(1) The data is relevant to an ongoing criminal investigation;
or (2) The data is associated with an active missing or endangered person alert.
Any such data retained beyond thirty days shall be reviewed every ninety days and destroyed when retention is no longer necessary.
7.
Beginning January 1, 2027, all law enforcement agencies using ALPR systems shall:
(1) Record whether any traffic stop or detention was initiated based on ALPR system data;
(2) Document the reason the ALPR system alert was generated;
and (3) Submit an annual report to the Missouri state highway patrol, with personally identifiable information redacted, containing information on the:
(a) Number of scans conducted;
(b) Number of alerts generated;
Page 4 of 6 6656H02.01H (c) Types of cases involved;
and (d) Number of arrests or recoveries resulting from ALPR system use.
4 The Missouri state highway patrol shall compile and publish a statewide annual summary based on data contained in the reports submitted.
8.
The information technology services division of the office of administration shall:
(1) Establish standards for cybersecurity, data protection, and accuracy;
and (2) Maintain and publish a publicly accessible list of approved ALPR system vendors and ALPR systems.
9.
No agency shall procure or operate an ALPR system that is not on the list established under subdivision (2) of subsection 8 of this section.
10.
The joint committee on the justice system shall review the effectiveness of ALPR system use and assess the impact of such use on civil liberties and shall report such findings to the general assembly by November 1, 2027, and shall report findings every two years thereafter.
11.
Any person who knowingly:
(1) Accesses ALPR system data without authorization;
(2) Uses ALPR system data for personal, political, or commercial purposes;
or (3) Discloses ALPR system data in violation of this section shall be guilty of a class A misdemeanor for a first offense and a class E felony for a second or subsequent offense.
590.1250.
The provisions of sections 590.1250 to 590.1256 shall be known and may be cited as the "Law Enforcement Accountability Act".
590.1252.
Notwithstanding any other provision of law, any drug-related death shall be fully investigated by the law enforcement agency with jurisdiction, regardless of whether criminal charges have been filed.
All peace officers in this state shall wear a video camera affixed to the peace officer's uniform while on duty.
The video camera shall record each interaction between a peace officer and a member of the public.
The recording shall include both audio and video.
Notwithstanding any other provision of law, any drug-related death shall be treated by the law enforcement agency with jurisdiction in the same manner as a homicide crime scene.
Law enforcement agencies shall preserve any recordings made by a video camera under this section for a minimum of sixty days and make such recordings available to the public through a statewide database within fourteen days of any incident.
3.
The provisions of this section shall not apply to detectives or other peace officers while they are working in an undercover capacity or to any peace officer in any situation where the wearing of such a video camera would endanger the safety of the officer or the public.
4.
Law enforcement agencies shall develop policies and procedures necessary to execute the provisions of this section prior to January 1, 2027.
5.
The director of the department of public safety may promulgate all necessary rules and regulations for the administration of this section.
Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.
This section and chapter 536 are nonseverable, and if any of Page 5 of 6 6656H02.01H the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2026, shall be invalid and void.
590.1256.
Notwithstanding any other provision of law, if any peace officer is convicted of or pleads guilty or nolo contendere to a crime involving the unlawful use or threatened use of physical force, or is found civilly liable for the use of unlawful physical force, the director shall revoke the peace officer's license under this chapter.
The director shall not reinstate the peace officer's license or grant a new license to the peace officer unless the peace officer is exonerated by a court.";
and Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
Page 6 of 6