Struck = removed from the bill ยท
added = the amendment's new text.
SECOND6656H02.01H REGULARHB SESSION3113 [PERFECTED]House HOUSE_____________________________________________________ COMMITTEEAmendment SUBSTITUTENO.____ FOROffered HOUSEBy BILL_____________________________________ NO.___________________________________ AMEND House Committee Substitute for House Bill No.
31133113, 103RDPage GENERAL1, ASSEMBLYSection 6656H.02P8.990, JOSEPHLine ENGLER,15, Chiefby Clerkinserting ANafter ACTsaid To repeal section 161.506, RSMo, and toline enactthe infollowing: lieu thereof five new sections relating to drug abuse.
Be4 it"9.390. enacted by the General Assembly of the state of Missouri, as follows:
SectionThe A.month of June is hereby designated as "Immigrant Heritage Month" in Missouri.
SectionThe 161.506,citizens RSMo,of isthis repealedstate andare fiveencouraged newto sectionsparticipate enacted in lieuappropriate thereof,events toand beactivities knownto ascelebrate sectionsthe 8.990,accomplishments 9.507,and 161.506,contributions 590.198,of immigrants and 590.1700,their children to readmake asMissouri follows: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.
TheA administratorlaw ofenforcement eachofficer publicneed buildingnot shallretreat maintainor adesist supplyfrom ofefforts naloxoneto foreffect usethe inarrest, caseor from efforts to prevent the escape from custody, of a suspectedperson overdosehe in or onshe thereasonably groundsbelieves to have committed an offense because of theresistance publicor building.threatened resistance of the arrestee.
ForIn purposesaddition to the use of thisphysical section,force "publicauthorized building"under meansother sections of this chapter, a buildinglaw owned,enforcement leased,officer oris, operatedsubject byto athe governmentalprovisions subdivisionof subsections 2 [and], 3, and 4 of this section, justified in the stateuse including,of butsuch notphysical limitedforce to,as ahe city,or county,she reasonably believes is immediately necessary to effect the arrest or schoolto district.prevent the escape from custody.
The naloxoneuse 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 instructionsthe foramount itsof usephysical shallforce beused stored: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.
TheIn publiceffecting buildingan shallarrest makeor allin reasonablepreventing effortsan toescape notifyfrom allcustody, occupantsa oflaw theenforcement building:officer is justified in using deadly force only:
(1) ThatWhen theredeadly force is naloxoneauthorized onunder theother property;sections of this chapter;
or (2) WhereWhen the naloxoneofficer reasonably believes that such use of deadly force is located;immediately necessary to effect the arrest or prevent an escape from custody and also reasonably believes that the person to be arrested:
and(a) (3)Has Thatcommitted emergencyor personnelattempted shouldto becommit contacteda iffelony offense involving the naloxoneinfliction isor administered.threatened infliction of serious physical injury;
EXPLANATIONor โ(b) MatterIs enclosedattempting into bold-facedescape bracketsby [thus]use inof thea abovedeadly billweapon isor notdangerous enactedinstrument; and is intended to be omitted from the law.
Matteror in(c) bold-faceMay typeotherwise inendanger life or inflict serious physical injury to the aboveofficer billor isothers proposedunless language.arrested without delay.
HCS4. HB 3113 2 9.507.
The monthuse of Octobera eachrespiratory yearchoke-hold for any purpose other than is herebyauthorized designatedunder assection "Fentanyl590.805 Poisoningshall Awarenessbe Month"cause infor Missouri.the law enforcement officer's immediate dismissal and revocation of his or her license under chapter 590.
The5. 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.
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.
LawA enforcementpeace agenciesofficer andshall schoolintervene districtsto receivingprevent fundsor stop another peace officer from using physical force that exceeds the degree of force permitted under sectionsthis 161.500chapter toin 161.508pursuance shallof concentratethe enhancedother apprehension,peace preventionofficer's andlaw educationenforcement effortsduties andin resourcescarrying onout drugan andarrest alcoholof useany andperson, drugplacing traffickingany person under detention, taking any person into custody, booking any person, or in andthe aroundprocess schools,of parkscrowd andor playgrounds.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.
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.
EnhancedA apprehension,peace prevention,officer andwho educationintervenes effortsas commencedrequired under subsection 1 of this section shall bereport athe jointintervention effortto betweenhis lawor enforcementher agenciesimmediate andsupervisor. local school districts.
TheseAt effortsa shallminimum, include, but are not limited to, the concentrationreport ofrequired apprehensionunder effortsthis insubsection problemshall areasinclude: cooperatively identified by local school and law enforcement authorities.
(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.
FundsA appropriatedlaw pursuantenforcement toagency sectionsshall 161.500use toan 161.508automatic maylicense beplate usedrecognition insystem partonly to support state-level development and statewide distribution of appropriate written and audiovisual aids for publicthe awarenessfollowing andpurposes: training of school and law enforcement staff for handling drug- and alcohol-related problems and offenses.
When(1) existingDuring aidsa cancriminal beinvestigation identified,when thesethere aidsis mayreasonable besuspicion usedthat ina lieucrime ofhas thebeen, developmentis ofbeing, newor aids.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;
Priorand to(3) JanuaryTo 1,receive 2028,automated everyalerts lawregarding enforcementmissing agencyor inendangered thepersons, statestolen shallvehicles, participateor instolen traininglicense providedplates. through the POST program's Operation Overdose (OD) Justice Initiative.
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.
NotwithstandingAll anypeace otherofficers provisionin ofthis law,state anyshall drug-relatedwear deatha shallvideo becamera fullyaffixed investigatedto by the lawpeace enforcementofficer's agencyuniform withwhile jurisdiction,on regardlessduty. of whether criminal charges have been filed.
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.
NotwithstandingLaw enforcement agencies shall preserve any otherrecordings provisionmade ofby law,a anyvideo drug-relatedcamera deathunder shallthis besection treatedfor bya theminimum lawof enforcementsixty agencydays withand jurisdictionmake insuch therecordings sameavailable mannerto asthe public through a homicidestatewide crimedatabase scene.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.
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