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Missouri Senate Bill SB52

Missouri 2025 Regular Session

Missouri Senate Bill SB52 Compare Versions

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1-
2-EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3-and is intended to be omitted in the law.
4-FIRST REGULAR SESSION
5-SENATE COMMITTEE SUBSTITUTE FOR
1+1103S.02C
2+ 1
3+SENATE COMMITTEE SUBSTITUTE
4+FOR
65 SENATE BILLS NOS. 52 & 44
7-103RD GENERAL ASSEMBLY
8-1103S.02C KRISTINA MARTIN, Secretary
96 AN ACT
10-To repeal sections 43.505, 82.1000, 84.020, 84.030, 84.100, 84.150, 84.160, 84.170, 84.175,
11-84.240, 84.341, 84.342, 84.343, 84.344, 84.345, 84.346, 84.347, 105.726, 304.012,
12-513.605, 556.061, 568.045, 574.050, 575.133, 575.150, 576.030, and 577.150, RSMo,
13-and to enact in lieu thereof twenty-seven new sections relating to public safety, with
14-penalty provisions.
7+To repeal sections 43.505, 82.1000, 84.020, 84.030,
8+84.100, 84.150, 84.160, 84.170, 84.175, 84.240,
9+84.341, 84.342, 84.343, 84.344, 84.345, 84.346,
10+84.347, 105.726, 304.012, 513.605, 556.061, 568.045,
11+574.050, 575.133, 575.150, 576.030, and 577.150,
12+RSMo, and to enact in lieu thereof twenty -seven new
13+sections relating to public sa fety, with penalty
14+provisions.
1515
1616 Be it enacted by the General Assembly of the State of Missouri, as follows:
17- Section A. Sections 43.505, 82.1000, 84.020, 84.030, 1
18-84.100, 84.150, 84.160, 84.170, 84.175, 84.240, 84.341, 84.342, 2
19-84.343, 84.344, 84.345, 84.346, 84.347, 1 05.726, 304.012, 3
20-513.605, 556.061, 568.045, 574.050, 575.133, 575.150, 576.030, 4
21-and 577.150, RSMo, are repealed and twenty -seven new sections 5
22-enacted in lieu thereof, to be known as sections 43.505, 6
23-82.1000, 84.012, 84.020, 84.030, 84.100, 84.150, 84.160, 7
24-84.170, 84.225, 84.325, 105.726, 191.1005, 304.012, 304.145, 8
25-513.605, 556.061, 568.045, 570.037, 574.045, 574.050, 575.133, 9
26-575.150, 576.030, 577.150, 590.208, and 590.1500, to read as 10
27-follows:11
28- 43.505. 1. The department of public safety is hereby 1
29-designated as the central repository for the collection, 2
30-maintenance, analysis and reporting of crime incident 3
31-activity generated by law enforcement agencies in this 4
32-state. The department shall develop and operate a uniform 5
33-crime reporting system that is compatible with the national 6 SCS SBs 52 & 44 2
34-uniform crime reporting system operated by the Federal 7
35-Bureau of Investigation. 8
36- 2. The department of public safety shall: 9
37- (1) Develop, operate and maintain an information 10
38-system for the collection, storage, m aintenance, analysis 11
39-and retrieval of crime incident and arrest reports from 12
40-Missouri law enforcement agencies; 13
41- (2) Compile the statistical data and forward such data 14
42-as required to the Federal Bureau of Investigation or the 15
43-appropriate Departmen t of Justice agency in accordance with 16
44-the standards and procedures of the national system; 17
45- (3) Provide the forms, formats, procedures, standards 18
46-and related training or training assistance to all law 19
47-enforcement agencies in the state as necessary for such 20
48-agencies to report incident and arrest activity for timely 21
49-inclusion into the statewide system; 22
50- (4) Annually publish a report on the nature and extent 23
51-of crime and submit such report to the governor and the 24
52-general assembly. Such report and other statistical reports 25
53-shall be made available to state and local law enforcement 26
54-agencies and the general public through an electronic or 27
55-manual medium; 28
56- (5) Maintain the privacy and security of information 29
57-in accordance with applicable state and federal laws, 30
58-regulations and orders; and 31
59- (6) Establish such rules and regulations as are 32
60-necessary for implementing the provisions of this section. 33
61-Any rule or portion of a rule, as that term is defined in 34
62-section 536.010, that is cre ated under the authority 35
63-delegated in this section shall become effective only if it 36
64-complies with and is subject to all of the provisions of 37
65-chapter 536 and, if applicable, section 536.028. This 38 SCS SBs 52 & 44 3
66-section and chapter 536 are nonseverable and if any of the 39
67-powers vested with the general assembly pursuant to chapter 40
68-536 to review, to delay the effective date or to disapprove 41
69-and annul a rule are subsequently held unconstitutional, 42
70-then the grant of rulemaking authority and any rule proposed 43
71-or adopted after August 28, 2000, shall be invalid and void. 44
72- 3. Every law enforcement agency in the state shall: 45
73- (1) Submit crime incident reports to the department of 46
74-public safety on forms or in the format prescribed by the 47
75-department; [and] 48
76- (2) Submit any other crime incident information which 49
77-may be required by the department of public safety , 50
78-including information pertaining to the immigration status 51
79-of any criminal offender, indicating whether the offender is 52
80-a citizen of the United Sta tes, is a lawfully present 53
81-immigrant, or does not possess the information to show that 54
82-he or she is a citizen of the United States or a lawfully 55
83-present immigrant. 56
84- 4. Any law enforcement agency that violates this 57
85-section after December 31, 2021, may be ineligible to 58
86-receive state or federal funds which would otherwise be paid 59
87-to such agency for law enforcement, safety or criminal 60
88-justice purposes. 61
89- 82.1000. 1. In addition to forfeiture proceedings 1
90-pursuant to sections 513.6 00 to 513.645, the governing body 2
91-of any constitutional charter city having a population of 3
92-more than one hundred thousand inhabitants and located 4
93-within a county of the first classification that adjoins no 5
94-other county of the first classification may enact 6
95-ordinances which would subject to forfeiture any motor 7
96-vehicle operated by a person with one or more prior 8
97-convictions for an intoxication -related traffic offense, as 9 SCS SBs 52 & 44 4
98-defined in section [577.023] 577.001, who is prohibited from 10
99-obtaining a license to operate a motor vehicle by the 11
100-director of revenue pursuant to subdivision (9) or (10) of 12
101-subsection 1 of section 302.060, or who has the person's 13
102-license to operate a motor vehicle suspended or revoked, as 14
103-a result of a finding or a plea of guil ty to: 15
104- (1) Any intoxication-related traffic offense as 16
105-defined in section [577.023] 577.001; [or] 17
106- (2) Involuntary manslaughter as a result of operating 18
107-a motor vehicle while in an intoxicated condition as defined 19
108-in section [565.024] 577.001; 20
109- (3) Two or more violations of stunt driving or street 21
110-takeover as provided in section 304.145 committed on 22
111-separate occasions where in each violation the person was 23
112-operating a vehicle and another person was injured or 24
113-killed; or 25
114- (4) The offense of aggravated fleeing a stop or 26
115-detention of a motor vehicle as provided in section 575.151 . 27
116-Such forfeiture pursuant to this subsection shall only be 28
117-allowed if such person operates a motor vehicle while the 29
118-person's license to operate a motor vehicle is under such a 30
119-suspension or revocation. 31
120- 2. The ordinance allowing forfeitures pursuant to this 32
121-section may also provide for the impoundment and forfeiture 33
122-of a motor vehicle operated by any person who is classified 34
123-as a prior offender or persistent offender pursuant to 35
124-section 577.023 after the effective date of such ordinance, 36
125-except that a judgment of forfeiture may only be rendered if 37
126-there is a conviction of an intoxication -related traffic 38
127-offense which causes the owner of the m otor vehicle to be 39
128-classified as a prior or persistent offender. 40 SCS SBs 52 & 44 5
129- 3. The ordinance allowing the forfeitures pursuant to 41
130-this section may also provide for the impoundment and 42
131-forfeiture of a motor vehicle operated by any person who has 43
132-previously been convicted of two or more intoxication - 44
133-related traffic offenses, as defined in section [577.023] 45
134-577.001, and who thereafter, pursuant to a chemical test 46
135-conducted in accordance with sections 577.020 to 577.041, is 47
136-determined upon probable cause to have been driving a motor 48
137-vehicle with a blood -alcohol concentration equal to or 49
138-greater than the blood -alcohol percentage concentration 50
139-specified in subsection 1 of section 302.520, or any such 51
140-person who, pursuant to section 577.041, has been request ed 52
141-to submit to a chemical test as described pursuant to that 53
142-section, and refused to submit to such test. 54
143- 4. All forfeiture proceedings pursuant to this section 55
144-shall be conducted in accordance with sections 513.600 to 56
145-513.645, except the forfei ture proceeding shall be brought 57
146-by the city attorney for the city which enacted such 58
147-ordinances. 59
148- 5. The ordinance shall also provide that any person 60
149-claiming an ownership interest in the motor vehicle subject 61
150-to forfeiture shall have all the def enses to the forfeiture 62
151-proceeding available to them which they may be entitled to 63
152-raise pursuant to sections 513.600 to 513.645. The 64
153-ordinance shall further provide that, in the event the title 65
154-documents registered with the department of revenue for the 66
155-motor vehicle subject to forfeiture, at the time of the 67
156-action giving rise to the forfeiture proceeding, list 68
157-persons as owners or co -owners of the vehicle in addition to 69
158-or other than the operator, and the nonoperator owner of the 70
159-motor vehicle has not previously been the operator or the 71
160-owner of, a motor vehicle which has been the subject of a 72 SCS SBs 52 & 44 6
161-forfeiture proceeding authorized by this section, the motor 73
162-vehicle shall be returned to the nonoperator registered 74
163-owner and all costs associated with the seizure, towing, 75
164-storage and impoundment of the vehicle, and the payment of 76
165-all court costs and reasonable attorney fees associated with 77
166-the forfeiture proceeding shall be paid by the owners or the 78
167-operator of the vehicle. To be entitled to retur n of the 79
168-vehicle all owners shall execute a written agreement with 80
169-the municipality stipulating and consenting to the seizure 81
170-and forfeiture of the motor vehicle in the event such motor 82
171-vehicle is subsequently operated by the same operator under 83
172-circumstances which would allow the municipality to seek 84
173-forfeiture of such vehicle pursuant to an ordinance 85
174-authorized by this section. 86
175- 84.012. In all cities of this state not within a 1
176-county, the common council or municipal assembly of such 2
177-cities may pass ordinances for preserving order; securing 3
178-property and persons from violence, danger, or destruction; 4
179-protecting public and private property; and promoting the 5
180-interests and ensuring the good governance of the cities, 6
181-but no ordinances heretofore passed, or that may hereafter 7
182-be passed, by the common council or municipal assembly of 8
183-the cities shall, in any manner, conflict or interfere with 9
184-the powers or the exercise of the powers of the boards of 10
185-police commissioners of the c ities as created by section 11
186-84.020, nor shall the cities or any officer or agent of the 12
187-corporation of the cities, or the mayor thereof, in any 13
188-manner impede, obstruct, hinder, or interfere with the 14
189-boards of police, any officer, agent, or servant ther eof or 15
190-thereunder. 16
191- 84.020. 1. In all cities [of this state that now 1
192-have, or may hereafter attain, a population of five hundred 2 SCS SBs 52 & 44 7
193-thousand inhabitants or over ] not within a county, there 3
194-shall be, and is hereby established, within an d for said 4
195-cities, a board of police commissioners, to consist of four 5
196-citizen commissioners, as provided in sections 84.040 to 6
197-84.080, to be the governing body of the permanent police 7
198-force pursuant to section 84.100, together with the mayor of 8
199-said cities for the time being, or whosoever may be 9
200-officially acting in that capacity, and said board shall 10
201-annually appoint one of its members as president, [and] one 11
202-member who shall act as vice president [during the absence 12
203-of the president], and one member who shall act as board 13
204-secretary; and such president or vice president shall be the 14
205-executive officer of the board and shall act for it when the 15
206-board is not in session. 16
207- 2. The board shall consist of five commissioners, one 17
208-of whom is the mayor of a city not within a county, one 18
209-citizen commissioner appointed at the sole discretion of the 19
210-governor, and three citizen commissioners appointed as 20
211-provided in subdivision (2) of this subsection. Citizen 21
212-commissioners shall be residents of the city for not less 22
213-than three years preceding their appointment. Except for 23
214-the mayor, no commissioner shall be nominated for or hold 24
215-any other elective or appointed political office. If any 25
216-citizen commissioner is nominated for or elected to any 26
217-elective or appointed political office, such commissioner 27
218-shall forfeit the appointment and shall immediately vacate 28
219-his or her office. The mayor of a city not within a county 29
220-shall automatically be a member of the board, while the 30
221-remaining inaugural co mmissioners shall be appointed as 31
222-follows: 32
223- (1) One citizen commissioner to be appointed at the 33
224-sole discretion of the governor; and 34 SCS SBs 52 & 44 8
225- (2) The remaining three citizen commissioners shall be 35
226-appointed by the governor from three separate panels o f 36
227-candidates submitted to the governor, that include one 37
228-candidate submitted by the mayor of a city not within a 38
229-county and up to four candidates submitted by the local 39
230-fraternal organizations representing the rank of police 40
231-officer within the city no t within a county. The number of 41
232-candidates submitted by the local fraternal organizations 42
233-shall be based on one selection per two hundred fifty total 43
234-active members of which they represent from the St. Louis 44
235-Metropolitan Police Department, not to exc eed a total of 45
236-three selections per local fraternal organization. 46
237- 3. Any member of the board may be removed for cause 47
238-with the approval of a majority of the other board members; 48
239-but such member shall first be presented with a written 49
240-statement of the reasons for removal and shall have the 50
241-opportunity for a hearing by the board to establish cause 51
242-for removal. The decision for removal of a board member is 52
243-final. However, the removed member may appeal their removal 53
244-to the twenty-second judicial circuit court. 54
245- 4. A majority of the board shall constitute a quorum 55
246-for the transaction of business, but no action shall be 56
247-taken by the board or deemed valid unless three concurring 57
248-votes are cast. 58
249- 5. The board shall have the power to summ on and compel 59
250-the attendance of witnesses before the board and to compel 60
251-the production of documents and other evidence, whenever 61
252-necessary in the discharge of its duties, and shall have the 62
253-power to administer oaths or affirmations to any person 63
254-appearing or called before it. 64
255- 6. The board shall have the following powers and 65
256-duties: 66 SCS SBs 52 & 44 9
257- (1) To receive input from the chief of police, in 67
258-order to formulate and approve policies governing the 68
259-operation and conduct of the permanent police force p ursuant 69
260-to section 84.100; 70
261- (2) To appoint as a chief of police any person who 71
262-shall be responsible to the board for proper execution of 72
263-the policies, duties, and responsibilities established by 73
264-the board for the administration of the police depar tment, 74
265-and to remove the chief pursuant to section 106.273; 75
266- (3) To hear and determine appeals from the decisions 76
267-of the chief of police on disciplinary matters arising in 77
268-the department, pursuant to section 590.502; however, at the 78
269-time of the effective date of this act and until such time 79
270-as the board adopts other investigative and disciplinary 80
271-policies and procedures not inconsistent with section 81
272-590.502, discipline and investigative procedures for 82
273-commissioned and civilian employees of the police force 83
274-shall be regulated by rule 7 of the police manual of the 84
275-police department in effect as of November 4, 2013; except 85
276-that, where rule 7 is in conflict with section 590.502, the 86
277-board shall comply with the requirements of section 87
278-590.502. Under no circumstances shall the board initially 88
279-or hereafter adopt investigative and disciplinary procedures 89
280-that do not include the summary hearing board procedures 90
281-provided for in rule 7 of the police manual of the police 91
282-department in effect as of November 4, 2013; 92
283- (4) To promulgate a manual of rules and regulations 93
284-for the qualifications and conduct of personnel of the 94
285-police department and its operation; 95
286- (5) To have such other powers and duties with respect 96
287-to police administration and law enforcement as provided by 97
288-statute; 98 SCS SBs 52 & 44 10
289- (6) To regulate and license all private watchmen, 99
290-private detectives, and private police serving or acting in 100
291-the city and no person shall act as such without first 101
292-having obtained such license. Penalties for the violation 102
293-of regulations promulgated by the board under this 103
294-subsection shall be prescribed by ordinance. 104
295- 84.030. 1. Beginning on [January 9, 1989, the 1
296-governor of the state of Missouri, by and with the advice 2
297-and consent of the senate, shall appoint ] August 28, 2025, 3
298-and no later than September 28, 2025, the four citizen 4
299-commissioners [provided for in] shall be appointed as 5
300-provided in section 84.020[,] and shall serve as follows: 6
301- (1) One citizen commissioner appointed by the governor 7
302-shall [be appointed] serve for a term of one year; and 8
303- (2) Of the three remaining citizen commissioners 9
304-selected by the governor: 10
305- (a) One citizen commissioner shall [be appointed] 11
306-serve for a term of two years; 12
307- (b) One citizen commissioner shall [be appointed] 13
308-serve for a term of three years; and 14
309- (c) One citizen commissioner shall [be appointed] 15
310-serve for a term of four years. 16
311-Their successors shall each be appointed for a term of four 17
312-years, and said commissioners shall hold office for their 18
313-term of appointment and until their successors shall have 19
314-been appointed and qualified. [In case of a vacancy in said 20
315-board for any cause whatsoever, it shall be filled by 21
316-appointment for the unexpired term, in the same manner as in 22
317-the case of original appointments. The governor shall issue 23
318-commissions to the persons so appointed, designating the 24
319-time for which they are appointed in case the appointment is 25 SCS SBs 52 & 44 11
320-to fill an unexpired term occasioned by death, res ignation 26
321-or any other cause, and whenever the term of office of any 27
322-commissioner expires, the appointment of his successor shall 28
323-be for four years. The commissioners now holding offices 29
324-under existing laws in any city of this state to which 30
325-sections 84.010 to 84.340 apply are to hold their offices 31
326-until the expiration of their terms, and their successors 32
327-are duly appointed and qualified ] 33
328- 2. With the exception of the citizen commissioner 34
329-appointed at the sole discretion of the governor, whenev er a 35
330-vacancy occurs on the commission, the governor shall fill 36
331-the vacancy for the unexpired term from a panel of names 37
332-determined by the formula established in subsection 2 of 38
333-section 84.020. 39
334- 84.100. To enable the boards to perform the duties 1
335-imposed upon them, they are hereby authorized and required 2
336-to appoint, enroll and employ [a] only one permanent police 3
337-force for the cities which they shall equip and arm as they 4
338-may judge necessary. Except as provided below, the number 5
339-of patrolmen to be appointed shall not be [more] less than 6
340-one thousand [six] three hundred [eighty-three] thirteen, of 7
341-which number not more than two hundred fifty are to be 8
342-probationary patrolmen. Any increase in the number of 9
343-patrolmen authorized, i n addition to that provided for 10
344-above, shall be permitted upon recommendation by the board 11
345-of police commissioners, with the approval of the municipal 12
346-board of estimate and apportionment. [The number of 13
347-turnkeys to be appointed shall be sixty -five, except that 14
348-for each patrolman hereafter promoted, demoted, removed, 15
349-resigned or otherwise separated from the force, an 16
350-additional turnkey may be appointed, but under no 17
351-circumstances shall more than one hundred fifty turnkeys be 18 SCS SBs 52 & 44 12
352-appointed. As each additional turnkey is appointed, the 19
353-maximum number of patrolmen to be appointed shall be reduced 20
354-accordingly so that when one hundred fifty turnkeys have 21
355-been appointed, the number of patrolmen to be appointed 22
356-shall not be more than one thousand five hun dred ninety- 23
357-eight] The board may continue to employ as many 24
358-noncommissioned police civilians, which shall include city 25
359-marshals and park rangers, as it deems necessary in order to 26
360-perform the duties imposed upon it . 27
361- 84.150. The maximum number of officers of the police 1
362-force in each such city shall be as follows: [one chief of 2
363-police with the rank of colonel; lieutenant colonels, not to 3
364-exceed five in number and other such ranks and number of 4
365-members within such ranks as the boar d from time to time 5
366-deems necessary] seventy-six commissioned officers at the 6
367-rank of lieutenant and above; two hundred commissioned 7
368-officers at the rank of sergeant; and one thousand thirty - 8
369-seven commissioned officers at the rank of patrolman . The 9
370-officers of the police force shall have commissions issued 10
371-to them by the boards of police commissioners, and those 11
372-heretofore and those hereafter commissioned shall serve so 12
373-long as they shall faithfully perform their duties and 13
374-possess the necessary m ental and physical ability, and be 14
375-subject to removal only for cause after a hearing by the 15
376-board, who are hereby invested with exclusive jurisdiction 16
377-in the premises. 17
378- 84.160. 1. As of August 28, [2006] 2025, the board of 1
379-police commissioners shall have the authority to compute and 2
380-establish the annual salary of each member of the police 3
381-force without receiving prior authorization from the general 4
382-assembly, which shall not be less than the annual salary 5
383-paid to any member at the time of the enactment of this act . 6 SCS SBs 52 & 44 13
384- 2. Each officer of police and patrolman whose regular 7
385-assignment requires nonuniformed attire may receive, in 8
386-addition to his or her salary, an allowance not to exceed 9
387-three hundred sixty dollars per annum payab le biweekly. 10
388-Notwithstanding the provisions of subsection 1 of this 11
389-section to the contrary, no additional compensation or 12
390-compensatory time off for overtime, court time, or standby 13
391-court time shall be paid or allowed to any officer of the 14
392-rank of [sergeant] lieutenant or above. Notwithstanding any 15
393-other provision of law to the contrary, nothing in this 16
394-section shall prohibit the payment of additional 17
395-compensation pursuant to this subsection to officers of the 18
396-ranks of sergeants and above, provid ed that funding for such 19
397-compensation shall not: 20
398- (1) Be paid from the general funds of either the city 21
399-or the board of police commissioners of the city; or 22
400- (2) Be violative of any federal law or other state law. 23
401- 3. It is the duty of the municipal assembly or common 24
402-council of the cities to make the necessary appropriation 25
403-for the expenses of the maintenance of the police force in 26
404-the manner herein and hereafter provided; provided, that in 27
405-no event shall such municipal assembly or com mon council be 28
406-required to appropriate for such purposes (including, but 29
407-not limited to, costs of funding pensions or retirement 30
408-plans) for any fiscal year a sum in excess of any limitation 31
409-imposed by article X, section 21, Missouri Constitution; and 32
410-provided further, that such municipal assembly or common 33
411-council may appropriate a sum in excess of such limitation 34
412-for any fiscal year by an appropriations ordinance enacted 35
413-in conformity with the provisions of the charter of such 36
414-cities. 37 SCS SBs 52 & 44 14
415- 4. Notwithstanding the provisions of subsection 1 of 38
416-this section to the contrary, the board of police 39
417-commissioners shall pay additional compensation for all 40
418-hours of service rendered by probationary patrolmen [and], 41
419-patrolmen, and sergeants in excess of the established 42
420-regular working period, and the rate of compensation shall 43
421-be one and one-half times the regular hourly rate of pay to 44
422-which each member shall normally be entitled; except that, 45
423-the court time and court standby time shall be paid at the 46
424-regular hourly rate of pay to which each member shall 47
425-normally be entitled. No credit shall be given or 48
426-deductions made from payments for overtime for the purpose 49
427-of retirement benefits. 50
428- 5. Notwithstanding the provisions of subsection 1 of 51
429-this section to the contrary, probationary patrolmen [and], 52
430-patrolmen, and sergeants shall receive additional 53
431-compensation for authorized overtime, court time and court 54
432-standby time whenever the total accumulated time exceeds 55
433-forty hours. The accumulated forty hours shall be taken as 56
434-compensatory time off at the officer's discretion with the 57
435-approval of his supervisor. 58
436- 6. The allowance of compensation or compensatory time 59
437-off for court standby time shall be computed at the rate of 60
438-one-third of one hour for each hour spent on court standby 61
439-time. 62
440- 7. The board of police commissioners [may] shall 63
441-effect programs to provide additional compensation to its 64
442-employees for successful completion of academic work at an 65
443-accredited college or universit y, in amounts not to exceed 66
444-ten percent of their yearly salaries or for field training 67
445-officer and lead officer responsibilities in amounts not to 68
446-exceed three percent of their yearly salaries for field 69 SCS SBs 52 & 44 15
447-training officer responsibilities and an addition al three 70
448-percent of their yearly salaries for lead officer 71
449-responsibilities. The board may designate up to one hundred 72
450-fifty employees as field training officers and up to fifty 73
451-employees as lead officers. 74
452- 8. The board of police commissioners: 75
453- (1) Shall provide or contract for life insurance 76
454-coverage and for insurance benefits providing health, 77
455-medical and disability coverage for officers and employees 78
456-of the department; 79
457- (2) Shall provide or contract for insurance coverage 80
458-providing salary continuation coverage for officers and 81
459-employees of the police department; 82
460- (3) Shall provide health, medical, and life insurance 83
461-coverage for retired officers and employees of the police 84
462-department. Health, medical and life insurance co verage 85
463-shall be made available for purchase to the spouses or 86
464-dependents of deceased retired officers and employees of the 87
465-police department who receive pension benefits pursuant to 88
466-sections 86.200 to 86.364 at the rate that such dependent's 89
467-or spouse's coverage would cost under the appropriate plan 90
468-if the deceased were living; 91
469- (4) May pay an additional shift differential 92
470-compensation to members of the police force for evening and 93
471-night tour of duty in an amount not to exceed ten percent of 94
472-the officer's base hourly rate. 95
473- 9. Notwithstanding the provisions of subsection 1 of 96
474-this section to the contrary, the board of police 97
475-commissioners shall pay additional compensation to members 98
476-of the police force up to and including the rank of po lice 99
477-officer for any full hour worked between the hours of 11:00 100 SCS SBs 52 & 44 16
478-p.m. and 7:00 a.m., in amounts equal to [five] ten percent 101
479-of the officer's base hourly pay. 102
480- 10. The board of police commissioners, from time to 103
481-time and in its discretion, may pay additional compensation 104
482-to police officers, sergeants and lieutenants by paying 105
483-commissioned officers in the aforesaid ranks for 106
484-accumulated, unused vacation time. Any such payments shall 107
485-be made in increments of not less than forty hours, and at 108
486-rates equivalent to the base straight -time rates being 109
487-earned by said officers at the time of payment; except that, 110
488-no such officer shall be required to accept payment for 111
489-accumulated unused vacation time. 112
490- 84.170. 1. When any vacancy shall take place in any 1
491-grade of officers, it shall be filled from the next lowest 2
492-grade; provided, however, that probationary patrolmen shall 3
493-serve at least six months as such before being promoted to 4
494-the rank of patrolman; patrolmen shall serve at lea st three 5
495-years as such before being promoted to the rank of sergeant; 6
496-sergeants shall serve at least one year as such before being 7
497-promoted to the rank of lieutenant; lieutenants shall serve 8
498-at least one year as such before being promoted to the rank 9
499-of captain; and in no case shall the chief or assistant 10
500-chief be selected from men not members of the force or below 11
501-the grade of captain. Patrolmen shall serve at least three 12
502-years as such before promotion to the rank of detective; the 13
503-inspector shall be taken from men in the rank not below the 14
504-grade of lieutenant. 15
505- 2. The boards of police are hereby authorized to make 16
506-all such rules and regulations, not inconsistent with 17
507-sections 84.010 to 84.340, or other laws of the state, as 18
508-they may judge necessary, for the appointment, employment, 19
509-uniforming, discipline, trial and government of the police. 20 SCS SBs 52 & 44 17
510-At the time of the effective date of this act and until such 21
511-time as the board adopts other investigative and 22
512-disciplinary policies and procedure s not inconsistent with 23
513-section 590.502, discipline and investigative procedures for 24
514-commissioned and civilian employees of the police force 25
515-shall be regulated by rule 7 of the police manual of the 26
516-police department in effect as of November 4, 2013; ex cept 27
517-that, where rule 7 is in conflict with section 590.502, the 28
518-board shall comply with the requirements of section 29
519-590.502. Under no circumstances shall the board initially 30
520-or hereafter adopt investigative and disciplinary procedures 31
521-that do not include the summary hearing board procedures 32
522-provided for in rule 7 of the police manual of the police 33
523-department in effect as of November 4, 2013. The said 34
524-boards shall also have power to require of any officer or 35
525-policeman bond with sureties when they may consider it 36
526-demanded by the public interests. All lawful rules and 37
527-regulations of the board shall be obeyed by the police force 38
528-on pain of dismissal or such lighter punishment, either by 39
529-suspension, fine, reduction or forfeiture of pay, or 40
530-otherwise as the boards may adjudge. 41
531- 3. The authority possessed by the board of police 42
532-includes, but is not limited to, the authority to delegate 43
533-portions of its powers authorized in section 84.120, 44
534-including presiding over a disciplinary hearing, to a 45
535-hearing officer as determined by the board. 46
536- 84.225. Any officer or servant of the mayor or common 1
537-council or municipal assembly of the cities, or other 2
538-persons whatsoever, who forcibly resists or obstructs the 3
539-execution or enforcem ent of any of the provisions of 4
540-sections 84.012 to 84.340 or relating to the same, or who 5
541-disburses or fails to disburse any money in violation 6 SCS SBs 52 & 44 18
542-thereof, or who hinders or obstructs the organization or 7
543-maintenance of the board of police or the police fo rce 8
544-therein provided to be organized and maintained, or who 9
545-maintains or controls any police force other than the one 10
546-therein provided for, or who delays or hinders the due 11
547-enforcement of sections 84.012 to 84.340 by failing or 12
548-neglecting to perform t he duties by such sections imposed 13
549-upon him or her, shall be subject to a penalty of one 14
550-thousand dollars for each offense, recoverable by the boards 15
551-by action at law in the name of the state, and shall forever 16
552-thereafter be disqualified from holding o r exercising any 17
553-office or employment whatsoever under the mayor or common 18
554-council or municipal assembly of such cities, or under 19
555-sections 84.012 to 84.340; provided that, nothing in this 20
556-section shall be construed to interfere with the punishment, 21
557-under any existing or any future laws of this state, of any 22
558-criminal offense that is committed by the parties in or 23
559-about the resistance, obstruction, hindrance, conspiracy, 24
560-combination, or disbursement aforesaid. 25
561- 84.325. 1. On August 28, 2025, the board of police 1
562-commissioners shall assume control of any municipal police 2
563-force established within any city not within a county, 3
564-according to the procedures and requirements of this section 4
565-and any rules promulgated under subsection 6 o f this 5
566-section. The purpose of these procedures and requirements 6
567-is to provide for an orderly and appropriate transition in 7
568-the governance of the police force and provide for an 8
569-equitable employment transition for commissioned and 9
570-civilian personnel. 10
571- 2. Upon the assumption of control by the board of 11
572-police commissioners under subsection 1 of this section, any 12
573-municipal police department within any city not within a 13 SCS SBs 52 & 44 19
574-county shall convey, assign, and otherwise transfer to the 14
575-board title and ownership of all indebtedness and assets, 15
576-including, but not limited to, all funds and real and 16
577-personal property held in the name of or controlled by the 17
578-municipal police department. Such city shall thereafter 18
579-cease the operation of any police departme nt or police force. 19
580- 3. Upon the assumption of control by the board of 20
581-police commissioners under subsection 1 of this section, the 21
582-state shall accept responsibility, ownership, and liability 22
583-as successor-in-interest for contractual obligations and 23
584-other lawful obligations of the municipal police department. 24
585- 4. The board of police commissioners shall initially 25
586-employ, without a reduction in rank, salary, or benefits, 26
587-all commissioned and civilian personnel of the municipal 27
588-police department who were employed by the municipal police 28
589-department immediately prior to the date the board assumed 29
590-control. The board shall recognize all accrued years of 30
591-service that such commissioned and civilian personnel had 31
592-with the municipal police departme nt, as well as all accrued 32
593-years of service that such commissioned and civilian 33
594-personnel had previously with the board of police 34
595-commissioners. Such personnel shall be entitled to the same 35
596-holidays, vacation, sick leave, sick bonus time, and annual 36
597-step-increases they were entitled to as employees of the 37
598-municipal police department. 38
599- 5. The commissioned and civilian personnel who retire 39
600-from service with the municipal police department before the 40
601-board of police commissioners assumed control of the 41
602-department under subsection 1 of this section shall continue 42
603-to be entitled to the same pension benefits provided as 43
604-employees of the municipal police department and the same 44
605-benefits set forth in subsection 4 of this section. Any 45 SCS SBs 52 & 44 20
606-police pension system created under chapter 86 for the 46
607-benefit of a police force established under sections 84.012 47
608-to 84.340 shall continue to be governed by chapter 86 and 48
609-shall apply to any comprehensive policing plan and any 49
610-police force established under secti ons 84.012 to 84.340. 50
611-Other than any provision that makes chapter 86 applicable to 51
612-a municipal police force established under sections 84.343 52
613-to 84.346, nothing in sections 84.012 to 84.340 shall be 53
614-construed as limiting or changing the rights or bene fits 54
615-provided under chapter 86. 55
616- 6. The board of police commissioners may promulgate 56
617-all necessary rules and regulations for the implementation 57
618-and administration of this section. Any rule or portion of 58
619-a rule, as that term is defined in section 536.010, that is 59
620-created under the authority delegated in this section shall 60
621-become effective only if it complies with and is subject to 61
622-all of the provisions of chapter 536 and, if applicable, 62
623-section 536.028. This section and chapter 536 are 63
624-nonseverable and if any of the powers vested with the 64
625-general assembly pursuant to chapter 536 to review, to delay 65
626-the effective date, or to disapprove and annul a rule are 66
627-subsequently held unconstitutional, then the grant of 67
628-rulemaking authority and any ru le proposed or adopted after 68
629-August 28, 2025, shall be invalid and void. 69
630- 105.726. 1. Nothing in sections 105.711 to 105.726 1
631-shall be construed to broaden the liability of the state of 2
632-Missouri beyond the provisions of sections 537.6 00 to 3
633-537.610, nor to abolish or waive any defense at law which 4
634-might otherwise be available to any agency, officer, or 5
635-employee of the state of Missouri. Sections 105.711 to 6
636-105.726 do not waive the sovereign immunity of the state of 7
637-Missouri. 8 SCS SBs 52 & 44 21
638- 2. The creation of the state legal expense fund and 9
639-the payment therefrom of such amounts as may be necessary 10
640-for the benefit of any person covered thereby are deemed 11
641-necessary and proper public purposes for which funds of this 12
642-state may be expended. 13
643- 3. Moneys in the state legal expense fund shall not be 14
644-available for the payment of any claim or any amount 15
645-required by any final judgment rendered by a court of 16
646-competent jurisdiction against a board of police 17
647-commissioners established under cha pter 84, including the 18
648-commissioners, any police officer, notwithstanding sections 19
649-84.330 and 84.710, or other provisions of law, other 20
650-employees, agents, representative, or any other individual 21
651-or entity acting or purporting to act on its or their 22
652-behalf. Such was the intent of the general assembly in the 23
653-original enactment of sections 105.711 to 105.726, and it is 24
654-made express by this section in light of the decision in 25
655-Wayman Smith, III, et al. v. State of Missouri, 152 S.W.3d 26
656-275. Except that the commissioner of administration shall 27
657-reimburse from the legal expense fund the board of police 28
658-commissioners established under [section 84.350, and any 29
659-successor-in-interest established pursuant to section 30
660-84.344,] chapter 84 for liability claims otherwise eligible 31
661-for payment under section 105.711 paid by such [board] 32
662-boards on an equal share basis per claim up to a maximum of 33
663-one million dollars per fiscal year. 34
664- 4. [Subject to the provisions of subsection 2 of 35
665-section 84.345,] If the representation of the attorney 36
666-general is requested by a board of police commissioners [or 37
667-its successor-in-interest established pursuant to section 38
668-84.344], the attorney general shall represent, investigate, 39
669-defend, negotiate, or compromise all claims u nder sections 40 SCS SBs 52 & 44 22
670-105.711 to 105.726 for the board of police commissioners, 41
671-its successor-in-interest pursuant to section 84.344, any 42
672-police officer, other employees, agents, representatives, or 43
673-any other individual or entity acting or purporting to act 44
674-on their behalf. The attorney general may establish 45
675-procedures by rules promulgated under chapter 536 under 46
676-which claims must be referred for the attorney general's 47
677-representation. The attorney general and the officials of 48
678-the city which the police bo ard represents [or represented] 49
679-shall meet and negotiate reasonable expenses or charges that 50
680-will fairly compensate the attorney general and the office 51
681-of administration for the cost of the representation of the 52
682-claims under this section. 53
683- 5. Claims tendered to the attorney general promptly 54
684-after the claim was asserted as required by section 105.716 55
685-and prior to August 28, 2005, may be investigated, defended, 56
686-negotiated, or compromised by the attorney general and full 57
687-payments may be made from the state legal expense fund on 58
688-behalf of the entities and individuals described in this 59
689-section as a result of the holding in Wayman Smith, III, et 60
690-al. v. State of Missouri, 152 S.W.3d 275. 61
691- 191.1005. 1. No individual or entity shal l knowingly 1
692-open, lease, rent, own, use, maintain, manage, operate, or 2
693-control a public or private facility, site, or building for 3
694-the purpose, in part or in whole, of allowing individuals to 4
695-self-administer preobtained controlled substances, the 5
696-possession of which by the individual is punishable under 6
697-section 579.015 and is not otherwise authorized by chapters 7
698-195 and 579. 8
699- 2. This section shall not apply to any health care 9
700-facility licensed pursuant to chapter 197 or 198 that: 10 SCS SBs 52 & 44 23
701- (a) Provides medical assistance or monitoring to 11
702-individuals who have self -administered controlled substances; 12
703- (b) Provides sterile injection supplies; 13
704- (c) Collects used hypodermic needles and syringes; or 14
705- (d) Provides secure hypodermic needle a nd syringe 15
706-disposal services. 16
707- 3. This section shall not affect the immunity from 17
708-liability provided by section 195.205 for any individual 18
709-who, in good faith, seeks or obtains medical assistance for 19
710-someone who is experiencing an overdose of a con trolled 20
711-substance or for any individual experiencing an overdose of 21
712-a controlled substance who seeks medical assistance for 22
713-himself or herself or is the subject of a good faith request 23
714-for medical assistance for an overdose of a controlled 24
715-substance. 25
716- 4. As used in this section, the term "controlled 26
717-substance" means a drug, substance, or immediate precursor 27
718-in Schedules I through V listed in chapter 195. 28
719- 304.012. 1. Every person operating a motor vehicle on 1
720-the roads and highways of this state shall drive the vehicle 2
721-in a careful and prudent manner and at a rate of speed so as 3
722-not to endanger the property of another or the life or limb 4
723-of any person and shall exercise the highest degree of care. 5
724- 2. No person operating a motor vehicle on the roads 6
725-and highways of this state shall perform stunt driving, as 7
726-such term is defined in section 304.145. 8
727- 3. Any person who violates the provisions of this 9
728-section is guilty of a class B misdemeanor, unless an 10
729-accident is involved then it shall be a class A misdemeanor. 11
730- 304.145. 1. As used in this section, the following 1
731-terms mean: 2 SCS SBs 52 & 44 24
732- (1) "Aggravated offender", a person who has been found 3
733-guilty of: 4
734- (a) Three or more violations of this secti on committed 5
735-on separate occasions; or 6
736- (b) Two or more violations of this section committed 7
737-on separate occasions where in at least one of the 8
738-violations the defendant was operating a vehicle and another 9
739-person was injured or killed; 10
740- (2) "Burnout", a maneuver performed while operating a 11
741-motor vehicle whereby the wheels of the motor vehicle are 12
742-spun, resulting in friction causing the motor vehicle's 13
743-tires to heat up and emit smoke; 14
744- (3) "Chronic offender", a person who has been found 15
745-guilty of: 16
746- (a) Four or more violations of this section committed 17
747-on separate occasions; or 18
748- (b) Three or more violations of this section committed 19
749-on separate occasions where in at least one of the 20
750-violations the defendant was operating a ve hicle and another 21
751-person was injured or killed; or 22
752- (c) Two or more violations of this section committed 23
753-on separate occasions where in both of the violations the 24
754-defendant was operating a vehicle and another person was 25
755-injured or killed; 26
756- (4) "Donut", a motor vehicle maneuver in which the 27
757-front or rear of the motor vehicle is rotated around the 28
758-opposite set of wheels in a motion that may cause a curved 29
759-skid-mark pattern of rubber on the driving surface, or the 30
760-tires to heat up and emit sm oke, or both; 31
761- (5) "Drag race", the operation of two or more motor 32
762-vehicles from a point side by side in a competitive attempt 33
763-to outgain or outdistance each other, or the operation of 34 SCS SBs 52 & 44 25
764-one or more motor vehicles over a common selected course, 35
765-for the purpose of comparing the relative speeds, power, or 36
766-acceleration of such motor vehicles within a certain 37
767-distance or time limit; 38
768- (6) "Drifting", a motor vehicle maneuver in which the 39
769-motor vehicle is steered so that it makes a controlled skid 40
770-sideways through a turn with the front wheels oriented in a 41
771-direction opposite the turn; 42
772- (7) "Habitual offender", a person who has been found 43
773-guilty of: 44
774- (a) Five or more violations of this section committed 45
775-on separate occasions; or 46
776- (b) Four or more violations of this section committed 47
777-on separate occasions where in at least one of the 48
778-violations the defendant was operating a vehicle and another 49
779-person was injured or killed; or 50
780- (c) Three or more violations of this section comm itted 51
781-on separate occasions where in at least two of the 52
782-violations the defendant was operating a vehicle and another 53
783-person was injured or killed; 54
784- (8) "Highway", any public thoroughfare for vehicles, 55
785-including state roads, county roads and publi c streets, 56
786-avenues, boulevards, parkways, or alleys in any municipality; 57
787- (9) "Persistent offender", a person who has been found 58
788-guilty of: 59
789- (a) Two or more violations of this section committed 60
790-on separate occasions; or 61
791- (b) One violation of this section where the defendant 62
792-was operating a vehicle and another person was injured or 63
793-killed; 64
794- (10) "Prior offender", a person who has been found 65
795-guilty of a violation of this section where such prior 66 SCS SBs 52 & 44 26
796-offense occurred within five years of the violation for 67
797-which the person is charged; 68
798- (11) "Race", the operation of one or more motor 69
799-vehicles arising from a challenge to demonstrate superiority 70
800-of a motor vehicle or driver, and the acceptance of or 71
801-competitive response to that chall enge, either through a 72
802-prior arrangement or in immediate response, in which the 73
803-competitor attempts to outgain or outdistance another motor 74
804-vehicle, to prevent another motor vehicle from passing, to 75
805-arrive at a given destination ahead of another motor 76
806-vehicle, to test the physical stamina or endurance of 77
807-drivers, to exhibit speed or acceleration, or to set a speed 78
808-or acceleration record; 79
809- (12) "Street takeover", the act of disrupting the 80
810-regular flow of traffic for the purpose of performing, 81
811-facilitating, or spectating stunt driving; 82
812- (13) "Stunt driving", to operate a motor vehicle 83
813-performing a race, a drag race, a burnout, a donut, a 84
814-wheelie, or drifting; 85
815- (14) "Wheelie", a motor vehicle maneuver whereby a 86
816-vehicle is ridden for a distance with the front or rear 87
817-wheel or wheels raised off the ground. 88
818- 2. Except as otherwise permitted by law, no person 89
819-shall: 90
820- (1) Perform stunt driving in connection with a street 91
821-takeover; or 92
822- (2) Perform or participate in a street takeover. 93
823- 3. Violation of this section shall be a class A 94
824-misdemeanor for a first offense, a class E felony for a 95
825-second offense, and a class D felony for a third or 96
826-subsequent offense. 97 SCS SBs 52 & 44 27
827- 4. No defendant alleged and proved to be a prior 98
828-offender, persistent offender, aggravated offender, chronic 99
829-offender, or habitual offender shall be granted a suspended 100
830-imposition of sentence or be sentenced to pay a fine in lieu 101
831-of imprisonment. 102
832- 5. No defendant alleged and proven to be a prior 103
833-offender shall be granted probation or parole until he or 104
834-she has served a minimum of ten days imprisonment, unless as 105
835-a condition of such probation or parole the person performs 106
836-at least thirty days of community service under the 107
837-supervision of the court in a jurisdiction that has a 108
838-recognized program for community service. 109
839- 6. No defendant alleged and proven to be an aggravated 110
840-offender shall be eligible for probation or parole until he 111
841-or she has served a minimum of thirty days imprisonment. 112
842- 7. No defendant alleged and proven to be a chronic or 113
843-habitual offender shall be eligible for probation or parole 114
844-until he or she has served a minimum of one year 115
845-imprisonment. 116
846- 8. Prior pleas of guilty and prior findings of guilty 117
847-shall be pleaded and proven in the same manner as required 118
848-by section 558.021. 119
849- 9. This section shall not apply with regard to events 120
850-sanctioned by a political subdivision or private entity with 121
851-responsibility for maintenance and control of the portion of 122
852-highway or private property on which the motor vehicle 123
853-operation occurs. 124
854- 513.605. As used in sections 513.600 to 513.645, 1
855-unless the context clearly indicates otherwise, the 2
856-following terms mean: 3
857- (1) (a) "Beneficial interest": 4 SCS SBs 52 & 44 28
858- a. The interest of a person as a beneficiary under any 5
859-other trust arrangement pursuant to which a trustee holds 6
860-legal or record title to real property for the benefit of 7
861-such person; or 8
862- b. The interest of a person under any other form of 9
863-express fiduciary arrangement pursuant to which any other 10
864-person holds legal or record title to real property for the 11
865-benefit of such person; 12
866- (b) "Beneficial interest" does not include the 13
867-interest of a stockholder in a corporation or the interest 14
868-of a partner in either a general partnership or limited 15
869-partnership. A beneficial interest shall be deemed to be 16
870-located where the real property owned by the trustee is 17
871-located; 18
872- (2) "Civil proceeding", any civil suit commenced by an 19
873-investigative agency under any provision of sections 513.600 20
874-to 513.645; 21
875- (3) "Criminal activity" is the commission, attempted 22
876-commission, conspiracy to commit, or the solicitation, 23
877-coercion or intimidation of another person to commit any 24
878-crime which is charge able by indictment or information under 25
879-the following Missouri laws: 26
880- (a) Chapter 195, relating to drug regulations; 27
881- (b) Chapter 301, relating to registration and 28
882-licensing of motor vehicles; 29
883- (c) Chapter 304, but relating only to felony 30
884-violations of this chapter involving the use of a motor 31
885-vehicle; 32
886- (d) Chapter 311, but relating only to felony 33
887-violations of this chapter committed by persons not duly 34
888-licensed by the supervisor of liquor control; 35
889- (e) Chapter 409, relating t o regulation of securities; 36 SCS SBs 52 & 44 29
890- (f) Chapter 491, relating to witnesses; 37
891- (g) Chapter 565, relating to offenses against the 38
892-person; 39
893- [(c)] (h) Chapter 566, relating to sexual offenses; 40
894- [(d)] (i) Chapter 567, relating to prostitution; 41
895- (j) Chapter 568, relating to offenses against the 42
896-family; 43
897- [(e)] (k) Chapter 569, relating to robbery, arson, 44
898-burglary and related offenses; 45
899- [(f)] (l) Chapter 570, relating to stealing and 46
900-related offenses; 47
901- [(g) Chapter 567, relating to prostitution; 48
902- (h)] (m) Chapter 571, relating to weapons offenses; 49
903- (n) Chapter 572, relating to gambling; 50
904- (o) Chapter 573, relating to pornography and related 51
905-offenses; 52
906- [(i)] (p) Chapter 574, relating to offenses against 53
907-public order; 54
908- [(j)] (q) Chapter 575, relating to offenses against 55
909-the administration of justice; 56
910- [(k) Chapter 491, relating to witnesses; 57
911- (l) Chapter 572, relating to gambling; 58
912- (m) Chapter 311, but relating only to felony 59
913-violations of this chapter committed by persons not duly 60
914-licensed by the supervisor of liquor control; 61
915- (n) Chapter 571, relating to weapons offenses; 62
916- (o) Chapter 409, relating to regulation of securities; 63
917- (p) Chapter 301, relating to registration and 64
918-licensing of motor vehicles ] 65
919- (r) Chapter 578, but only relating to offenses by a 66
920-criminal street gang ; 67 SCS SBs 52 & 44 30
921- (4) "Criminal proceeding", any criminal prosecution 68
922-commenced by an investigative agency under any criminal law 69
923-of this state; 70
924- (5) "Investigative agency", the attorney general's 71
925-office, or the office of any prosecuting attorney or circuit 72
926-attorney; 73
927- (6) "Pecuniary value": 74
928- (a) Anything of value in the form of money, a 75
929-negotiable instrument, a commercial interest, or anythi ng 76
930-else the primary significance of which is economic 77
931-advantage; or 78
932- (b) Any other property or service that has a value in 79
933-excess of one hundred dollars; 80
934- (7) "Real property", any estate or legal or equitable 81
935-interest in land situated in this state or any interest in 82
936-such real property, including, but not limited to, any lease 83
937-or deed of trust upon such real property; 84
938- (8) "Seizing agency", the agency which is the primary 85
939-employer of the officer or agent seizing the property, 86
940-including any agency in which one or more of the employees 87
941-acting on behalf of the seizing agency is employed by the 88
942-state of Missouri or any political subdivision of this state; 89
943- (9) "Seizure", the point at which any law enforcement 90
944-officer or agent disco vers and exercises any control over 91
945-property that an officer or agent has reason to believe was 92
946-used or intended for use in the course of, derived from, or 93
947-realized through criminal activity. Seizure includes but is 94
948-not limited to preventing anyone fo und in possession of the 95
949-property from leaving the scene of the investigation while 96
950-in possession of the property; 97
951- (10) (a) "Trustee": 98 SCS SBs 52 & 44 31
952- a. Any person who holds legal or record title to real 99
953-property for which any other person has a beneficia l 100
954-interest; or 101
955- b. Any successor trustee or trustees to any of the 102
956-foregoing persons; 103
957- (b) "Trustee" does not include the following: 104
958- a. Any person appointed or acting as a personal 105
959-representative under chapter 475 or under chapter 473; 106
960- b. Any person appointed or acting as a trustee of any 107
961-testamentary trust or as trustee of any indenture of trust 108
962-under which any bonds are or are to be issued. 109
963- 556.061. In this code, unless the context requires a 1
964-different definition, the following terms shall mean: 2
965- (1) "Access", to instruct, communicate with, store 3
966-data in, retrieve or extract data from, or otherwise make 4
967-any use of any resources of, a computer, computer system, or 5
968-computer network; 6
969- (2) "Affirmative defense": 7
970- (a) The defense referred to is not submitted to the 8
971-trier of fact unless supported by evidence; and 9
972- (b) If the defense is submitted to the trier of fact 10
973-the defendant has the burden of persuasion that the defense 11
974-is more probably true than not; 12
975- (3) "Burden of injecting the issue": 13
976- (a) The issue referred to is not submitted to the 14
977-trier of fact unless supported by evidence; and 15
978- (b) If the issue is submitted to the trier of fact any 16
979-reasonable doubt on the issue requires a finding for the 17
980-defendant on that issue; 18
981- (4) "Commercial film and photographic print 19
982-processor", any person who develops exposed photographic 20
983-film into negatives, slides or prints, or who makes prints 21 SCS SBs 52 & 44 32
984-from negatives or slides, for com pensation. The term 22
985-commercial film and photographic print processor shall 23
986-include all employees of such persons but shall not include 24
987-a person who develops film or makes prints for a public 25
988-agency; 26
989- (5) "Computer", the box that houses the centra l 27
990-processing unit (CPU), along with any internal storage 28
991-devices, such as internal hard drives, and internal 29
992-communication devices, such as internal modems capable of 30
993-sending or receiving electronic mail or fax cards, along 31
994-with any other hardware sto red or housed internally. Thus, 32
995-computer refers to hardware, software and data contained in 33
996-the main unit. Printers, external modems attached by cable 34
997-to the main unit, monitors, and other external attachments 35
998-will be referred to collectively as peri pherals and 36
999-discussed individually when appropriate. When the computer 37
1000-and all peripherals are referred to as a package, the term 38
1001-"computer system" is used. Information refers to all the 39
1002-information on a computer system including both software 40
1003-applications and data; 41
1004- (6) "Computer equipment", computers, terminals, data 42
1005-storage devices, and all other computer hardware associated 43
1006-with a computer system or network; 44
1007- (7) "Computer hardware", all equipment which can 45
1008-collect, analyze, create, display, convert, store, conceal 46
1009-or transmit electronic, magnetic, optical or similar 47
1010-computer impulses or data. Hardware includes, but is not 48
1011-limited to, any data processing devices, such as central 49
1012-processing units, memory typewriters and self -contained 50
1013-laptop or notebook computers; internal and peripheral 51
1014-storage devices, transistor -like binary devices and other 52
1015-memory storage devices, such as floppy disks, removable 53 SCS SBs 52 & 44 33
1016-disks, compact disks, digital video disks, magnetic tape, 54
1017-hard drive, optical disks and digital memory; local area 55
1018-networks, such as two or more computers connected together 56
1019-to a central computer server via cable or modem; peripheral 57
1020-input or output devices, such as keyboards, printers, 58
1021-scanners, plotters, video display monitors and optical 59
1022-readers; and related communication devices, such as modems, 60
1023-cables and connections, recording equipment, RAM or ROM 61
1024-units, acoustic couplers, automatic dialers, speed dialers, 62
1025-programmable telephone dialing or signaling devices and 63
1026-electronic tone-generating devices; as well as any devices, 64
1027-mechanisms or parts that can be used to restrict access to 65
1028-computer hardware, such as physical keys and locks; 66
1029- (8) "Computer network", two or more interconnected 67
1030-computers or computer systems; 68
1031- (9) "Computer program", a set of instructions, 69
1032-statements, or related data that directs or is intended to 70
1033-direct a computer to perform certain functions; 71
1034- (10) "Computer software", digital information which 72
1035-can be interpreted by a computer an d any of its related 73
1036-components to direct the way they work. Software is stored 74
1037-in electronic, magnetic, optical or other digital form. The 75
1038-term commonly includes programs to run operating systems and 76
1039-applications, such as word processing, graphic, o r 77
1040-spreadsheet programs, utilities, compilers, interpreters and 78
1041-communications programs; 79
1042- (11) "Computer-related documentation", written, 80
1043-recorded, printed or electronically stored material which 81
1044-explains or illustrates how to configure or use comp uter 82
1045-hardware, software or other related items; 83
1046- (12) "Computer system", a set of related, connected or 84
1047-unconnected, computer equipment, data, or software; 85 SCS SBs 52 & 44 34
1048- (13) "Confinement": 86
1049- (a) A person is in confinement when such person is 87
1050-held in a place of confinement pursuant to arrest or order 88
1051-of a court, and remains in confinement until: 89
1052- a. A court orders the person's release; or 90
1053- b. The person is released on bail, bond, or 91
1054-recognizance, personal or otherwise; or 92
1055- c. A public servant having the legal power and duty to 93
1056-confine the person authorizes his release without guard and 94
1057-without condition that he return to confinement; 95
1058- (b) A person is not in confinement if: 96
1059- a. The person is on probation or parole, temporary o r 97
1060-otherwise; or 98
1061- b. The person is under sentence to serve a term of 99
1062-confinement which is not continuous, or is serving a 100
1063-sentence under a work -release program, and in either such 101
1064-case is not being held in a place of confinement or is not 102
1065-being held under guard by a person having the legal power 103
1066-and duty to transport the person to or from a place of 104
1067-confinement; 105
1068- (14) "Consent": consent or lack of consent may be 106
1069-expressed or implied. Assent does not constitute consent if: 107
1070- (a) It is given by a person who lacks the mental 108
1071-capacity to authorize the conduct charged to constitute the 109
1072-offense and such mental incapacity is manifest or known to 110
1073-the actor; or 111
1074- (b) It is given by a person who by reason of youth, 112
1075-mental disease or defe ct, intoxication, a drug -induced 113
1076-state, or any other reason is manifestly unable or known by 114
1077-the actor to be unable to make a reasonable judgment as to 115
1078-the nature or harmfulness of the conduct charged to 116
1079-constitute the offense; or 117 SCS SBs 52 & 44 35
1080- (c) It is induced by force, duress or deception; 118
1081- (15) "Controlled substance", a drug, substance, or 119
1082-immediate precursor in schedules I through V as defined in 120
1083-chapter 195; 121
1084- (16) "Criminal negligence", failure to be aware of a 122
1085-substantial and unjustifiable r isk that circumstances exist 123
1086-or a result will follow, and such failure constitutes a 124
1087-gross deviation from the standard of care which a reasonable 125
1088-person would exercise in the situation; 126
1089- (17) "Custody", a person is in custody when he or she 127
1090-has been arrested but has not been delivered to a place of 128
1091-confinement; 129
1092- (18) "Damage", when used in relation to a computer 130
1093-system or network, means any alteration, deletion, or 131
1094-destruction of any part of the computer system or network; 132
1095- (19) "Dangerous felony", the felonies of arson in the 133
1096-first degree, assault in the first degree, attempted rape in 134
1097-the first degree if physical injury results, attempted 135
1098-forcible rape if physical injury results, attempted sodomy 136
1099-in the first degree if physical in jury results, attempted 137
1100-forcible sodomy if physical injury results, rape in the 138
1101-first degree, forcible rape, sodomy in the first degree, 139
1102-forcible sodomy, assault in the second degree if the victim 140
1103-of such assault is a special victim as defined in 141
1104-subdivision (14) of section 565.002, kidnapping in the first 142
1105-degree, kidnapping, murder in the second degree, assault of 143
1106-a law enforcement officer in the first degree, domestic 144
1107-assault in the first degree, elder abuse in the first 145
1108-degree, robbery in the fi rst degree, armed criminal action, 146
1109-conspiracy to commit an offense when the offense is a 147
1110-dangerous felony, vehicle hijacking when punished as a class 148
1111-A felony, statutory rape in the first degree when the victim 149 SCS SBs 52 & 44 36
1112-is a child less than twelve years of age at the time of the 150
1113-commission of the act giving rise to the offense, statutory 151
1114-sodomy in the first degree when the victim is a child less 152
1115-than twelve years of age at the time of the commission of 153
1116-the act giving rise to the offense, child molestation in the 154
1117-first or second degree, abuse of a child if the child dies 155
1118-as a result of injuries sustained from conduct chargeable 156
1119-under section 568.060, child kidnapping, parental kidnapping 157
1120-committed by detaining or concealing the whereabouts of the 158
1121-child for not less than one hundred twenty days under 159
1122-section 565.153, endangering the welfare of a child in the 160
1123-first degree, rioting when punished as a class A or B 161
1124-felony, bus hijacking when punished as a class A felony, 162
1125-planting a bomb or explosive in or n ear a bus or terminal, 163
1126-and an "intoxication -related traffic offense" or 164
1127-"intoxication-related boating offense" if the person is 165
1128-found to be a "habitual offender" or "habitual boating 166
1129-offender" as such terms are defined in section 577.001; 167
1130- (20) "Dangerous instrument", any instrument, article 168
1131-or substance, which, under the circumstances in which it is 169
1132-used, is readily capable of causing death or other serious 170
1133-physical injury; 171
1134- (21) "Data", a representation of information, facts, 172
1135-knowledge, concepts, or instructions prepared in a 173
1136-formalized or other manner and intended for use in a 174
1137-computer or computer network. Data may be in any form 175
1138-including, but not limited to, printouts, microfiche, 176
1139-magnetic storage media, punched cards and as may b e stored 177
1140-in the memory of a computer; 178
1141- (22) "Deadly weapon", any firearm, loaded or unloaded, 179
1142-or any weapon from which a shot, readily capable of 180
1143-producing death or serious physical injury, may be 181 SCS SBs 52 & 44 37
1144-discharged, or a switchblade knife, dagger, billy club, 182
1145-blackjack or metal knuckles; 183
1146- (23) "Digital camera", a camera that records images in 184
1147-a format which enables the images to be downloaded into a 185
1148-computer; 186
1149- (24) "Disability", a mental, physical, or 187
1150-developmental impairment that substantia lly limits one or 188
1151-more major life activities or the ability to provide 189
1152-adequately for one's care or protection, whether the 190
1153-impairment is congenital or acquired by accident, injury or 191
1154-disease, where such impairment is verified by medical 192
1155-findings; 193
1156- (25) "Elderly person", a person sixty years of age or 194
1157-older; 195
1158- (26) "Felony", an offense so designated or an offense 196
1159-for which persons found guilty thereof may be sentenced to 197
1160-death or imprisonment for a term of more than one year; 198
1161- (27) "Forcible compulsion" either: 199
1162- (a) Physical force that overcomes reasonable 200
1163-resistance; or 201
1164- (b) A threat, express or implied, that places a person 202
1165-in reasonable fear of death, serious physical injury or 203
1166-kidnapping of such person or another person ; 204
1167- (28) "Incapacitated", a temporary or permanent 205
1168-physical or mental condition in which a person is 206
1169-unconscious, unable to appraise the nature of his or her 207
1170-conduct, or unable to communicate unwillingness to an act; 208
1171- (29) "Infraction", a viola tion defined by this code or 209
1172-by any other statute of this state if it is so designated or 210
1173-if no sentence other than a fine, or fine and forfeiture or 211
1174-other civil penalty, is authorized upon conviction; 212 SCS SBs 52 & 44 38
1175- (30) "Inhabitable structure", a vehicle, vess el or 213
1176-structure: 214
1177- (a) Where any person lives or carries on business or 215
1178-other calling; or 216
1179- (b) Where people assemble for purposes of business, 217
1180-government, education, religion, entertainment, or public 218
1181-transportation; or 219
1182- (c) Which is used for overnight accommodation of 220
1183-persons. 221
1184-Any such vehicle, vessel, or structure is inhabitable 222
1185-regardless of whether a person is actually present. If a 223
1186-building or structure is divided into separately occupied 224
1187-units, any unit not occupied by the actor is an inhabitable 225
1188-structure of another; 226
1189- (31) "Knowingly", when used with respect to: 227
1190- (a) Conduct or attendant circumstances, means a person 228
1191-is aware of the nature of his or her conduct or that those 229
1192-circumstances exist; or 230
1193- (b) A result of conduct, means a person is aware that 231
1194-his or her conduct is practically certain to cause that 232
1195-result; 233
1196- (32) "Law enforcement officer", any public servant 234
1197-having both the power and duty to make arrests for 235
1198-violations of the laws of this state, and federal law 236
1199-enforcement officers authorized to carry firearms and to 237
1200-make arrests for violations of the laws of the United States; 238
1201- (33) "Misdemeanor", an offense so designated or an 239
1202-offense for which persons found guilty thereof may be 240
1203-sentenced to imprisonment for a term of which the maximum is 241
1204-one year or less; 242 SCS SBs 52 & 44 39
1205- (34) "Of another", property that any entity, including 243
1206-but not limited to any natural person, corporation, limited 244
1207-liability company, partnership, association, governmental 245
1208-subdivision or instrumentality, other than the actor, has a 246
1209-possessory or proprietary interest therein, except that 247
1210-property shall not be deemed property of another who has 248
1211-only a security interest therein, even if legal title is in 249
1212-the creditor pursuant to a conditional sales contract or 250
1213-other security arrangement; 251
1214- (35) "Offense", any felony or misdemeanor; 252
1215- (36) "Physical injury", slight impairment of any 253
1216-function of the body or temporary loss of use of any part of 254
1217-the body; 255
1218- (37) "Place of confinement", any building or facility 256
1219-and the grounds thereof wherein a court is legally 257
1220-authorized to order that a person charged with or convicted 258
1221-of a crime be held; 259
1222- (38) "Possess" or "possessed", having actual or 260
1223-constructive possession of an object with knowledge of its 261
1224-presence. A person has actual possession if such person has 262
1225-the object on his or her person or within easy reach and 263
1226-convenient control. A person has constructive possession if 264
1227-such person has the power and th e intention at a given time 265
1228-to exercise dominion or control over the object either 266
1229-directly or through another person or persons. Possession 267
1230-may also be sole or joint. If one person alone has 268
1231-possession of an object, possession is sole. If two or more 269
1232-persons share possession of an object, possession is joint; 270
1233- (39) "Property", anything of value, whether real or 271
1234-personal, tangible or intangible, in possession or in action; 272
1235- (40) "Public servant", any person employed in any way 273
1236-by a government of this state who is compensated by the 274 SCS SBs 52 & 44 40
1237-government by reason of such person's employment, any person 275
1238-appointed to a position with any government of this state, 276
1239-or any person elected to a position with any government of 277
1240-this state. It includes, but is not limited to, 278
1241-legislators, jurors, members of the judiciary and law 279
1242-enforcement officers. It does not include witnesses; 280
1243- (41) "Purposely", when used with respect to a person's 281
1244-conduct or to a result thereof, means when it is his or her 282
1245-conscious object to engage in that conduct or to cause that 283
1246-result; 284
1247- (42) "Recklessly", consciously disregarding a 285
1248-substantial and unjustifiable risk that circumstances exist 286
1249-or that a result will follow, and such disregard constitutes 287
1250-a gross deviation from the standard of care which a 288
1251-reasonable person would exercise in the situation; 289
1252- (43) "Serious emotional injury", an injury that 290
1253-creates a substantial risk of temporary or permanent medical 291
1254-or psychological damage, manifested by impairme nt of a 292
1255-behavioral, cognitive or physical condition. Serious 293
1256-emotional injury shall be established by testimony of 294
1257-qualified experts upon the reasonable expectation of 295
1258-probable harm to a reasonable degree of medical or 296
1259-psychological certainty; 297
1260- (44) "Serious physical injury", physical injury that 298
1261-creates a substantial risk of death or that causes serious 299
1262-disfigurement or protracted loss or impairment of the 300
1263-function of any part of the body; 301
1264- (45) "Services", when used in relation to a com puter 302
1265-system or network, means use of a computer, computer system, 303
1266-or computer network and includes, but is not limited to, 304
1267-computer time, data processing, and storage or retrieval 305
1268-functions; 306 SCS SBs 52 & 44 41
1269- (46) "Sexual orientation", male or female 307
1270-heterosexuality, homosexuality or bisexuality by 308
1271-inclination, practice, identity or expression, or having a 309
1272-self-image or identity not traditionally associated with 310
1273-one's gender; 311
1274- (47) "Vehicle", a self-propelled mechanical device 312
1275-designed to carry a person or persons, excluding vessels or 313
1276-aircraft; 314
1277- (48) "Vessel", any boat or craft propelled by a motor 315
1278-or by machinery, whether or not such motor or machinery is a 316
1279-principal source of propulsion used or capable of being used 317
1280-as a means of transportatio n on water, or any boat or craft 318
1281-more than twelve feet in length which is powered by sail 319
1282-alone or by a combination of sail and machinery, and used or 320
1283-capable of being used as a means of transportation on water, 321
1284-but not any boat or craft having, as the only means of 322
1285-propulsion, a paddle or oars; 323
1286- (49) "Voluntary act": 324
1287- (a) A bodily movement performed while conscious as a 325
1288-result of effort or determination. Possession is a 326
1289-voluntary act if the possessor knowingly procures or 327
1290-receives the thing possessed, or having acquired control of 328
1291-it was aware of his or her control for a sufficient time to 329
1292-have enabled him or her to dispose of it or terminate his or 330
1293-her control; or 331
1294- (b) An omission to perform an act of which the actor 332
1295-is physically capable. A person is not guilty of an offense 333
1296-based solely upon an omission to perform an act unless the 334
1297-law defining the offense expressly so provides, or a duty to 335
1298-perform the omitted act is otherwise imposed by law; 336
1299- (50) "Vulnerable person", any person in the custody, 337
1300-care, or control of the department of mental health who is 338 SCS SBs 52 & 44 42
1301-receiving services from an operated, funded, licensed, or 339
1302-certified program. 340
1303- 568.045. 1. A person commits the offense of 1
1304-endangering the welfar e of a child in the first degree if he 2
1305-or she: 3
1306- (1) Knowingly acts in a manner that creates a 4
1307-substantial risk to the life, body, or health of a child 5
1308-less than seventeen years of age; or 6
1309- (2) Knowingly engages in sexual conduct with a person 7
1310-under the age of seventeen years over whom the person is a 8
1311-parent, guardian, or otherwise charged with the care and 9
1312-custody; 10
1313- (3) Knowingly encourages, aids or causes a child less 11
1314-than seventeen years of age to engage in any conduct which 12
1315-violates the provisions of chapter 571 or 579; 13
1316- (4) In the presence of a child less than seventeen 14
1317-years of age or in a residence where a child less than 15
1318-seventeen years of age resides, unlawfully manufactures or 16
1319-attempts to manufacture compounds, possess es, produces, 17
1320-prepares, sells, transports, tests or analyzes any of the 18
1321-following: fentanyl, carfentanil, amphetamine [or], 19
1322-methamphetamine, or any of its analogues. 20
1323- 2. The offense of endangering the welfare of a child 21
1324-in the first degree is a cl ass D felony unless the offense: 22
1325- (1) Is committed as part of an act or series of acts 23
1326-performed by two or more persons as part of an established 24
1327-or prescribed pattern of activity, or where physical injury 25
1328-to the child results, or the offense is a second or 26
1329-subsequent offense under this section, in which case the 27
1330-offense is a class C felony; 28
1331- (2) Involves fentanyl or carfentanil or any of their 29
1332-analogues, in which case: 30 SCS SBs 52 & 44 43
1333- (a) The offense is a felony which shall be punished by 31
1334-a term of imprisonment of not less than five years and not 32
1335-more than ten years; 33
1336- (b) No court shall suspend the imposition or execution 34
1337-of sentence of a person who pleads guilty to or is found 35
1338-guilty of an offense under this subdivision; 36
1339- (c) No court shall sentence such person to pay a fine 37
1340-in lieu of a term of imprisonment; and 38
1341- (d) A person sentenced under this subdivision shall 39
1342-not be eligible for conditional release or parole until he 40
1343-or she has served at least five years of imprisonment; 41
1344- (3) Results in serious physical injury to the child, 42
1345-in which case the offense is a class B felony; or 43
1346- [(3)] (4) Results in the death of a child, in which 44
1347-case the offense is a class A felony. 45
1348- 570.037. 1. A person commits the offense of organized 1
1349-retail stealing if he or she: 2
1350- (1) Conspires with another person to steal retail 3
1351-property from one or more merchants with the intent to sell, 4
1352-transfer, or possess the retail property for monetary or 5
1353-other gain; 6
1354- (2) Receives or possesses any retail property that has 7
1355-been stolen in violation of subdivision (1) of this 8
1356-subsection and knows or reasonably should know that the 9
1357-retail property is stolen from a merchant in violation of 10
1358-subdivision (1) of this subsection; o r 11
1359- (3) Conspires with one or more other persons as an 12
1360-organizer, supervisor, financier, leader, or manager to 13
1361-engage for profit in a scheme or course of conduct to 14
1362-effectuate or intended to effectuate the transfer or sale of 15
1363-retail property stolen from a merchant in violation of this 16
1364-subsection. 17 SCS SBs 52 & 44 44
1365- 2. The offense of organized retail stealing shall be: 18
1366- (1) A class D felony if the retail property has a 19
1367-value exceeding seven hundred fifty dollars aggregated over 20
1368-a ninety-day period; 21
1369- (2) A class C felony if the retail property has a 22
1370-value exceeding twenty -five thousand dollars aggregated over 23
1371-a ninety-day period; or 24
1372- (3) A class B felony if the retail property has a 25
1373-value exceeding one hundred thousand dollars aggregated over 26
1374-a ninety-day period. 27
1375- 3. The stealing of retail property occurring in more 28
1376-than one county may be aggregated into an alleged violation 29
1377-of this section. 30
1378- 4. Venue shall be in any county where a part of the 31
1379-offense occurs. 32
1380- 5. If any prosecuting attorney or circuit attorney 33
1381-makes a request in writing to the attorney general, the 34
1382-attorney general shall have the authority to commence and 35
1383-prosecute the offense of organized retail stealing, and any 36
1384-other offenses that directly arise from or causally occur as 37
1385-a result of an alleged violation of the offense of organized 38
1386-retail stealing, in each or any county or a city not within 39
1387-a county in which the offense occurred with the same power 40
1388-and authority granted to prosecuting attorneys in sect ion 41
1389-56.060 and circuit attorneys in section 56.450, except that 42
1390-all costs and fees of such prosecution by the attorney 43
1391-general shall be paid by the state and not by any county or 44
1392-local government. 45
1393- 6. If a violation of this section is subject to 46
1394-enhanced punishment based on prior findings of guilt, such 47
1395-findings of guilt shall be pleaded and proven in the same 48
1396-manner as required by section 558.021. 49 SCS SBs 52 & 44 45
1397- 7. No provision of this section shall grant any 50
1398-additional power to the attorney general be yond the 51
1399-commencement and prosecution of the offenses authorized by 52
1400-this section. 53
1401- 8. For purposes of this section, the term "retail 54
1402-property" means any property or goods sold by a merchant, 55
1403-regardless of whether such goods are new or used. 56
1404- 574.045. 1. A person commits the offense of unlawful 1
1405-traffic interference if, with the intention to impede 2
1406-vehicular traffic, the person walks, stands, sits, kneels, 3
1407-lies, or places an object in such a manner as to block 4
1408-passage by a vehicle on any public street, highway, or 5
1409-interstate highway. This section shall not apply to the 6
1410-blocking of passage by any person who has permission to do 7
1411-so from a government authority, who is a law enforcement 8
1412-officer, or who does so to direct traffic away from 9
1413-hazardous road conditions, an obstacle, or a scene of an 10
1414-accident. 11
1415- 2. The offense of unlawful traffic interference is an 12
1416-infraction, unless it is a second offense, in which case it 13
1417-is a class A misdemeanor. Any third or subsequent offense 14
1418-of unlawful traffic interference is a class E felony. 15
1419- 574.050. 1. A person commits the offense of rioting 1
1420-if he or she knowingly assembles with six or more other 2
1421-persons [and agrees with such persons to violate any of t he 3
1422-criminal laws of this state or of the United States with 4
1423-force or violence], and thereafter, while still so 5
1424-assembled, [does violate any of said laws with force or 6
1425-violence] violates any of the criminal laws of this state or 7
1426-of the United States . 8 SCS SBs 52 & 44 46
1427- 2. The offense of rioting is a class [A misdemeanor] D 9
1428-felony. A second or subsequent conviction under this 10
1429-section shall be a class C felony. 11
1430- 3. The offense of rioting is a class B felony if in 12
1431-the course of rioting, bodily injury or proper ty damage in 13
1432-excess of five thousand dollars occurs. 14
1433- 4. The offense of rioting is a class A felony if in 15
1434-the course of rioting, bodily injury occurs to a law 16
1435-enforcement officer, firefighter, paramedic, or other public 17
1436-safety official or officer . 18
1437- 575.133. 1. A person commits the offense of filing a 1
1438-nonconsensual common law lien if he or she files a document 2
1439-that purports to assert a lien against the assets, real or 3
1440-personal, of any person and that, regardless of any self - 4
1441-description: 5
1442- (1) Is not expressly provided for by a specific state 6
1443-or federal statute; 7
1444- (2) Does not depend upon the consent of the owner of 8
1445-the property affected or the existence of a contract for its 9
1446-existence; and 10
1447- (3) Is not an equitable or constructive lien imposed 11
1448-by a state or federal court of competent jurisdiction. 12
1449- 2. This section shall not apply to a filing officer as 13
1450-defined in section 428.105 that is acting in the scope of 14
1451-his or her employment. 15
1452- 3. The offense of filing a nonconsensual common law 16
1453-lien is a class B misdemeanor , unless it is a second 17
1454-offense, in which case it is a class A misdemeanor. Any 18
1455-third or subsequent offense of filing a nonconsensual common 19
1456-law lien is a class E felony. Any person convicted of a 20
1457-third or subsequent offense of filing a nonconsensual common 21 SCS SBs 52 & 44 47
1458-law lien shall be considered a persistent offender, as such 22
1459-term is defined in section 558.016 . 23
1460- 575.150. 1. A person commits the offense of resisting 1
1461-or interfering with arrest, detention, or stop if he or she 2
1462-knows or reasonably should know that a law enforcement 3
1463-officer is making an arrest or attempting to lawfully detain 4
1464-or stop an individual or vehicle, and for the purpose of 5
1465-preventing the officer from effecting the arrest, stop or 6
1466-detention, he or she: 7
1467- (1) Resists the arrest, stop or detention of such 8
1468-person by using or threatening the use of violence or 9
1469-physical force or by fleeing from such officer; or 10
1470- (2) Interferes with the arrest, st op or detention of 11
1471-another person by using or threatening the use of violence, 12
1472-physical force or physical interference. 13
1473- 2. This section applies to: 14
1474- (1) Arrests, stops, or detentions, with or without 15
1475-warrants; 16
1476- (2) Arrests, stops, or det entions, for any offense, 17
1477-infraction, or ordinance violation; and 18
1478- (3) Arrests for warrants issued by a court or a 19
1479-probation and parole officer. 20
1480- 3. A person is presumed to be fleeing a vehicle stop 21
1481-if he or she continues to operate a motor ve hicle after he 22
1482-or she has seen or should have seen clearly visible 23
1483-emergency lights or has heard or should have heard an 24
1484-audible signal emanating from the law enforcement vehicle 25
1485-pursuing him or her. 26
1486- 4. It is no defense to a prosecution pursuant to 27
1487-subsection 1 of this section that the law enforcement 28
1488-officer was acting unlawfully in making the arrest. 29 SCS SBs 52 & 44 48
1489-However, nothing in this section shall be construed to bar 30
1490-civil suits for unlawful arrest. 31
1491- 5. The offense of resisting or interfering w ith an 32
1492-arrest is a class E felony for an arrest for a: 33
1493- (1) Felony; 34
1494- (2) Warrant issued for failure to appear on a felony 35
1495-case; or 36
1496- (3) Warrant issued for a probation violation on a 37
1497-felony case. 38
1498-The offense of resisting an arrest, deten tion or stop in 39
1499-violation of subdivision (1) or (2) of subsection 1 of this 40
1500-section is a class A misdemeanor, unless the person fleeing 41
1501-creates a substantial risk of serious physical injury or 42
1502-death to any person, in which case it is a class E felony. 43
1503- 6. In the case of an offense under this section that 44
1504-is subject to punishment as a class E felony, any vehicle 45
1505-used in violation of this section shall be impounded and 46
1506-forfeited pursuant to section 82.1000 and sections 513.600 47
1507-to 513.645. 48
1508- 576.030. 1. A person commits the offense of 1
1509-obstructing government operations if he or she purposely 2
1510-obstructs, impairs, hinders or perverts the performance of a 3
1511-governmental function by the use or threat of violence, 4
1512-force, or other physical interference or obstacle. 5
1513- 2. The offense of obstructing government operations is 6
1514-a class [B] A misdemeanor if the person threatens violence, 7
1515-force, or other physical interference or obstacle. The 8
1516-offense of obstructing government ope rations is a class E 9
1517-felony if the person uses violence, force, or other physical 10
1518-interference or obstacle . 11 SCS SBs 52 & 44 49
1519- 577.150. 1. A person commits the offense of tampering 1
1520-with a water supply if he or she purposely: 2
1521- (1) Poisons, defiles, or in any way corrupts the water 3
1522-of a well, spring, brook , or reservoir used for domestic or 4
1523-municipal purposes; or 5
1524- (2) Diverts, dams up, and holds back from its natural 6
1525-course and flow any spring, brook , or other water supply for 7
1526-domestic or municipal purposes, after said water supply 8
1527-shall have once been taken for use by any person or persons, 9
1528-corporation, town, or city for their use. 10
1529- 2. The offense of tampering with a water supply is a 11
1530-class E felony when the offense is a violation o f 12
1531-subdivision (1) of subsection 1 of this section and is a 13
1532-class A misdemeanor when the offense is a violation of 14
1533-subdivision (2) of subsection 1 of this section . 15
1534- 590.208. 1. There is hereby established the 1
1535-"Committee on School Saf ety" within the department of public 2
1536-safety. 3
1537- 2. The committee shall consist of the following 4
1538-members: 5
1539- (1) Up to three representatives of the department of 6
1540-public safety; 7
1541- (2) A representative of the Missouri Sheriff's 8
1542-Association; 9
1543- (3) A representative of the Missouri Municipal League; 10
1544- (4) A representative of the department of elementary 11
1545-and secondary education; and 12
1546- (5) A representative of the Missouri School Boards' 13
1547-Association's Center for Education Safety. 14
1548- 3. One member who represents the department of public 15
1549-safety shall serve as chair of the committee. 16 SCS SBs 52 & 44 50
1550- 4. Members of the committee shall serve without 17
1551-compensation but may be reimbursed for actual expenses 18
1552-necessary to the performance of their official duties for 19
1553-the committee. 20
1554- 5. The committee shall meet at least four times per 21
1555-year, and at least once per calendar quarter, to evaluate 22
1556-and establish guidelines for school safety concerns, 23
1557-including plans to prevent school firearm violence. 24
1558- 6. Except as provided in section 610.021, all meetings 25
1559-of the committee shall be open to the public. 26
1560- 7. The committee shall submit a report in writing to 27
1561-the governor, president pro tempore of the senate, and 28
1562-speaker of the house of representati ves after each meeting 29
1563-of the committee. 30
1564- 590.1500. Any officer of a law enforcement agency 1
1565-shall have the power to stop any person whenever there is 2
1566-reasonable ground to suspect that he or she is committing, 3
1567-has committed, or is abo ut to commit a crime, and demand the 4
1568-person provide his or her name, address, business or 5
1569-activity, and where he or she is going. 6
1570- [84.175. 1. Upon recommendation of the 1
1571-chief of police, the board may authorize and 2
1572-provide for the organization of a police reserve 3
1573-force composed of members who receive a service 4
1574-retirement under the provisions of sections 5
1575-86.200 to 86.366 and who qualify under the 6
1576-provisions of section 84.120. Such reserve 7
1577-force shall be under the command of the chief of 8
1578-police and shall be provided training, 9
1579-equipment, uniforms, and arms as the chief shall 10
1580-direct with the approval of the board. Members 11
1581-of the reserve force shall possess all of the 12
1582-powers of regular police officers and shall be 13
1583-subject to all laws and regulations applicable 14
1584-to police officers; provided, however, that the 15
1585-city council or other governing body of any such 16 SCS SBs 52 & 44 51
1586-city may in its discretion fix a total in number 17
1587-which the reserve force may not exceed. 18
1588- 2. In event of riot or ot her emergencies 19
1589-as declared and defined by the mayor, in 20
1590-concurrence with the board, the board, upon 21
1591-recommendation of the chief, may appoint special 22
1592-officers or patrolmen for temporary service in 23
1593-addition to the police reserve force herein 24
1594-provided for, but the length of time for which 25
1595-such officers or patrolmen shall be employed 26
1596-shall be limited to the time during which such 27
1597-emergency shall exist. ] 28
1598- [84.240. The board of police commissioners 1
1599-shall establish the Bertillon syste m of 2
1600-identification of criminals and others by means 3
1601-of anthropometric indications, and they are 4
1602-further required to employ such additional 5
1603-assistance as may be necessary to properly 6
1604-conduct and manage this department. ] 7
1605- [84.341. No elected or appointed official 1
1606-of the state or any political subdivision 2
1607-thereof shall act or refrain from acting in any 3
1608-manner to impede, obstruct, hinder, or otherwise 4
1609-interfere with any member of a municipal police 5
1610-force established under sections 84.343 to 6
1611-84.346 in the performance of his or her job 7
1612-duties, or with any aspect of any investigation 8
1613-arising from the performance of such job 9
1614-duties. This section shall not be construed to 10
1615-prevent such officials from acting within the 11
1616-normal course and scope of their employment or 12
1617-from acting to implement sections 84.343 to 13
1618-84.346. Any person who violates this section 14
1619-shall be liable for a penalty of two thousand 15
1620-five hundred dollars for each offense and shall 16
1621-forever be disqualified from hold ing any office 17
1622-or employment whatsoever with the governmental 18
1623-entity the person served at the time of the 19
1624-violation. The penalty shall not be paid by the 20
1625-funds of any committee as the term committee is 21
1626-defined in section 130.011. This section shall 22
1627-not be construed to interfere with the 23
1628-punishment, under any laws of this state, of a 24 SCS SBs 52 & 44 52
1629-criminal offense committed by such officials, 25
1630-nor shall this section apply to duly appointed 26
1631-members of the municipal police force, or their 27
1632-appointing authorities, whose conduct is 28
1633-otherwise provided for by law. ] 29
1634- [84.342. 1. It shall be an unlawful 1
1635-employment practice for an official, employee, 2
1636-or agent of a municipal police force established 3
1637-under sections 84.343 to 84.346 to discharge, 4
1638-demote, reduce the pay of, or otherwise 5
1639-retaliate against an employee of the municipal 6
1640-police force for reporting to any superior, 7
1641-government agency, or the press the conduct of 8
1642-another employee that the reporting employee 9
1643-believes, in good faith, is il legal. 10
1644- 2. Any employee of the municipal police 11
1645-force may bring a cause of action for general or 12
1646-special damages based on a violation of this 13
1647-section.] 14
1648- [84.343. 1. Subject to the provisions of 1
1649-sections 84.344 to 84.346, any ci ty not within a 2
1650-county may establish a municipal police force 3
1651-for the purposes of: 4
1652- (1) Preserving the public peace, welfare, 5
1653-and order; 6
1654- (2) Preventing crime and arresting 7
1655-suspected offenders; 8
1656- (3) Enforcing the laws of the state and 9
1657-ordinances of the city; 10
1658- (4) Exercising all powers available to a 11
1659-police force under generally applicable state 12
1660-law; and 13
1661- (5) Regulating and licensing all private 14
1662-watchmen, private detectives, and private 15
1663-policemen serving or acting as such in said city. 16
1664- 2. Any person who acts as a private 17
1665-watchman, private detective, or private 18
1666-policeman in said cities without having obtained 19
1667-a written license from said cities is guilty of 20
1668-a class A misdemeanor. ] 21
1669- [84.344. 1. Notwithstanding any 1
1670-provisions of this chapter to the contrary, any 2 SCS SBs 52 & 44 53
1671-city not within a county may establish a 3
1672-municipal police force on or after July 1, 2013, 4
1673-according to the procedures and requirements of 5
1674-this section. The purpose of these procedures 6
1675-and requirements is to provide for an orderly 7
1676-and appropriate transition in the governance of 8
1677-the police force and provide for an equitable 9
1678-employment transition for commissioned and 10
1679-civilian personnel. 11
1680- 2. Upon the establishment of a municipal 12
1681-police force by a city under sections 84.343 to 13
1682-84.346, the board of police commissioners shall 14
1683-convey, assign, and otherwise transfer to the 15
1684-city title and ownership of all indebtedness and 16
1685-assets, including, but not limited to, all funds 17
1686-and real and personal property held in the name 18
1687-of or controlled by the board of police 19
1688-commissioners created under sections 84.010 to 20
1689-84.340. The board of police commissioners shall 21
1690-execute all documents reasonably required to 22
1691-accomplish such transfer of ownersh ip and 23
1692-obligations. 24
1693- 3. If the city establishes a municipal 25
1694-police force and completes the transfer 26
1695-described in subsection 2 of this section, the 27
1696-city shall provide the necessary funds for the 28
1697-maintenance of the municipal police force. 29
1698- 4. Before a city not within a county may 30
1699-establish a municipal police force under this 31
1700-section, the city shall adopt an ordinance 32
1701-accepting responsibility, ownership, and 33
1702-liability as successor -in-interest for 34
1703-contractual obligations, indebtedness, and o ther 35
1704-lawful obligations of the board of police 36
1705-commissioners subject to the provisions of 37
1706-subsection 2 of section 84.345. 38
1707- 5. A city not within a county that 39
1708-establishes a municipal police force shall 40
1709-initially employ, without a reduction in rank , 41
1710-salary, or benefits, all commissioned and 42
1711-civilian personnel of the board of police 43
1712-commissioners created under sections 84.010 to 44
1713-84.340 that were employed by the board 45
1714-immediately prior to the date the municipal 46 SCS SBs 52 & 44 54
1715-police force was established. Such commissioned 47
1716-personnel who previously were employed by the 48
1717-board may only be involuntarily terminated by 49
1718-the city not within a county for cause. The 50
1719-city shall also recognize all accrued years of 51
1720-service that such commissioned and civilian 52
1721-personnel had with the board of police 53
1722-commissioners. Such personnel shall be entitled 54
1723-to the same holidays, vacation, and sick leave 55
1724-they were entitled to as employees of the board 56
1725-of police commissioners. 57
1726- 6. Commissioned and civilian personnel of 58
1727-a municipal police force established under this 59
1728-section shall not be subject to a residency 60
1729-requirement of retaining a primary residence in 61
1730-a city not within a county but may be required 62
1731-to maintain a primary residence located within a 63
1732-one-hour response time. 64
1733- 7. The commissioned and civilian personnel 65
1734-who retire from service with the board of police 66
1735-commissioners before the establishment of a 67
1736-municipal police force under subsection 1 of 68
1737-this section shall continue to be entitled to 69
1738-the same pension benefits provided under chapter 70
1739-86 and the same benefits set forth in subsection 71
1740-5 of this section. 72
1741- 8. If the city not within a county elects 73
1742-to establish a municipal police force under this 74
1743-section, the city shall establish a separate 75
1744-division for the operation of its municipal 76
1745-police force. The civil service commission of 77
1746-the city may adopt rules and regulations 78
1747-appropriate for the unique operation of a police 79
1748-department. Such rules and regulations shall 80
1749-reserve exclusive authority over the 81
1750-disciplinary process and procedures affecting 82
1751-commissioned officers to the civil service 83
1752-commission; however, until such time as the city 84
1753-adopts such rules and regulations, the 85
1754-commissioned personnel shall continue to be 86
1755-governed by the board of police commissioner's 87
1756-rules and regulations in effect immediately 88
1757-prior to the establishment of the municipal 89
1758-police force, with the police chief acting in 90 SCS SBs 52 & 44 55
1759-place of the board of police commissioners for 91
1760-purposes of applying the rules and regulat ions. 92
1761-Unless otherwise provided for, existing civil 93
1762-service commission rules and regulations 94
1763-governing the appeal of disciplinary decisions 95
1764-to the civil service commission shall apply to 96
1765-all commissioned and civilian personnel. The 97
1766-civil service commission's rules and regulations 98
1767-shall provide that records prepared for 99
1768-disciplinary purposes shall be confidential, 100
1769-closed records available solely to the civil 101
1770-service commission and those who possess 102
1771-authority to conduct investigations regarding 103
1772-disciplinary matters pursuant to the civil 104
1773-service commission's rules and regulations. A 105
1774-hearing officer shall be appointed by the civil 106
1775-service commission to hear any such appeals that 107
1776-involve discipline resulting in a suspension of 108
1777-greater than fifteen days, demotion, or 109
1778-termination, but the civil service commission 110
1779-shall make the final findings of fact, 111
1780-conclusions of law, and decision which shall be 112
1781-subject to any right of appeal under chapter 536. 113
1782- 9. A city not within a county that 114
1783-establishes and maintains a municipal police 115
1784-force under this section: 116
1785- (1) Shall provide or contract for life 117
1786-insurance coverage and for insurance benefits 118
1787-providing health, medical, and disability 119
1788-coverage for commissioned and civilian personnel 120
1789-of the municipal police force to the same extent 121
1790-as was provided by the board of police 122
1791-commissioners under section 84.160; 123
1792- (2) Shall provide or contract for medical 124
1793-and life insurance coverage for any commissioned 125
1794-or civilian personnel who retire d from service 126
1795-with the board of police commissioners or who 127
1796-were employed by the board of police 128
1797-commissioners and retire from the municipal 129
1798-police force of a city not within a county to 130
1799-the same extent such medical and life insurance 131
1800-coverage was provided by the board of police 132
1801-commissioners under section 84.160; 133 SCS SBs 52 & 44 56
1802- (3) Shall make available medical and life 134
1803-insurance coverage for purchase to the spouses 135
1804-or dependents of commissioned and civilian 136
1805-personnel who retire from service with the boar d 137
1806-of police commissioners or the municipal police 138
1807-force and deceased commissioned and civilian 139
1808-personnel who receive pension benefits under 140
1809-sections 86.200 to 86.366 at the rate that such 141
1810-dependent's or spouse's coverage would cost 142
1811-under the appropriate plan if the deceased were 143
1812-living; and 144
1813- (4) May pay an additional shift 145
1814-differential compensation to commissioned and 146
1815-civilian personnel for evening and night tours 147
1816-of duty in an amount not to exceed ten percent 148
1817-of the officer's base hourly ra te. 149
1818- 10. A city not within a county that 150
1819-establishes a municipal police force under 151
1820-sections 84.343 to 84.346 shall establish a 152
1821-transition committee of five members for the 153
1822-purpose of: coordinating and implementing the 154
1823-transition of authority, o perations, assets, and 155
1824-obligations from the board of police 156
1825-commissioners to the city; winding down the 157
1826-affairs of the board; making nonbinding 158
1827-recommendations for the transition of the police 159
1828-force from the board to the city; and other 160
1829-related duties, if any, established by executive 161
1830-order of the city's mayor. Once the ordinance 162
1831-referenced in this section is enacted, the city 163
1832-shall provide written notice to the board of 164
1833-police commissioners and the governor of the 165
1834-state of Missouri. Within thirty days of such 166
1835-notice, the mayor shall appoint three members to 167
1836-the committee, two of whom shall be members of a 168
1837-statewide law enforcement association that 169
1838-represents at least five thousand law 170
1839-enforcement officers. The remaining members of 171
1840-the committee shall include the police chief of 172
1841-the municipal police force and a person who 173
1842-currently or previously served as a commissioner 174
1843-on the board of police commissioners, who shall 175
1844-be appointed to the committee by the mayor of 176
1845-such city.] 177 SCS SBs 52 & 44 57
1846- [84.345. 1. Except as required for the 1
1847-board of police commissioners to conclude its 2
1848-affairs and pursue legal claims and defenses, 3
1849-upon the establishment of a municipal police 4
1850-force, the terms of office of the commissioners 5
1851-of the board of police created under sections 6
1852-84.020 and 84.030 shall expire, and the 7
1853-provisions of sections 84.010 to 84.340 shall 8
1854-not apply to any city not within a county or its 9
1855-municipal police force as of such date. The 10
1856-board shall continue to operat e, if necessary, 11
1857-to wind down the board's affairs until the 12
1858-transfer of ownership and obligations under 13
1859-subsection 2 of section 84.344 has been 14
1860-completed. During such time, the board of 15
1861-police commissioners shall designate and 16
1862-authorize its secretar y to act on behalf of the 17
1863-board for purposes of performing the board's 18
1864-duties and any other actions incident to the 19
1865-transfer and winding down of the board's affairs. 20
1866- 2. For any claim, lawsuit, or other action 21
1867-arising out of actions occurring befo re the date 22
1868-of completion of the transfer provided under 23
1869-subsection 2 of section 84.344, the state shall 24
1870-continue to provide legal representation as set 25
1871-forth in section 105.726, and the state legal 26
1872-expense fund shall continue to provide 27
1873-reimbursement for such claims under section 28
1874-105.726. This subsection applies to all claims, 29
1875-lawsuits, and other actions brought against any 30
1876-commissioner, police officer, employee, agent, 31
1877-representative, or any individual or entity 32
1878-acting or purporting to act on its or their 33
1879-behalf. 34
1880- 3. Notwithstanding any other provision of 35
1881-law, rule, or regulation to the contrary, any 36
1882-city not within a county that establishes a 37
1883-municipal police force under sections 84.343 to 38
1884-84.346 shall not be restricted or limited in any 39
1885-way in the selection of a police chief or chief 40
1886-of the division created under subsection 8 of 41
1887-section 84.344. 42
1888- 4. It shall be the duty of the sheriff for 43
1889-any city not within a county, whenever called 44 SCS SBs 52 & 44 58
1890-upon by the police chief of the municipal police 45
1891-force, to act under the police chief's control 46
1892-for the preservation of the public peace and 47
1893-quiet; and, whenever the exigency or 48
1894-circumstances may, in the police chief's 49
1895-judgment, warrant it, said police chief shall 50
1896-have the power to assume t he control and command 51
1897-of all local and municipal conservators of the 52
1898-peace of the city, whether sheriff, constable, 53
1899-policemen or others, and they shall act under 54
1900-the orders of the said police chief and not 55
1901-otherwise.] 56
1902- [84.346. Any police pension system created 1
1903-under chapter 86 for the benefit of a police 2
1904-force established under sections 84.010 to 3
1905-84.340 shall continue to be governed by chapter 4
1906-86, and shall apply to any police force 5
1907-established under section 84.343 to 84.346. 6
1908-Other than any provision that makes chapter 86 7
1909-applicable to a municipal police force 8
1910-established under section 84.343 to 84.346, 9
1911-nothing in sections 84.343 to 84.346 shall be 10
1912-construed as limiting or changing the rights or 11
1913-benefits provided under c hapter 86.] 12
1914- [84.347. Notwithstanding the provisions of 1
1915-section 1.140 to the contrary, the provisions of 2
1916-sections 84.343 to 84.346 shall be 3
1917-nonseverable. If any provision of sections 4
1918-84.343 to 84.346 is for any reason held to be 5
1919-invalid, such decision shall invalidate all of 6
1920-the remaining provisions of this act. ] 7
1921-
17+ Section A. Sections 43.505, 82.1000, 84.020, 84.030,
18+84.100, 84.150, 84.160, 84.170, 84.175, 84.240, 84.341, 84.342,
19+84.343, 84.344, 84.345, 84.346, 84.347, 105.726, 304.012,
20+513.605, 556.061, 568.045, 574.050, 575.133, 575.150, 576.030,
21+and 577.150, RSMo, are repealed and twenty -seven new sections
22+enacted in lieu thereof, to be known as sections 43.505,
23+82.1000, 84.012, 84.020, 84.030, 84.100, 84.150, 84.160,
24+84.170, 84.225, 84.325, 105.726, 191.1005, 304.012, 304.145,
25+513.605, 556.061, 568.045, 570. 037, 574.045, 574.050, 575.133,
26+575.150, 576.030, 577.150, 590.208, and 590.1500, to read as
27+follows:
28+ 43.505. 1. The department of public safety is hereby
29+designated as the central repository for the collection,
30+maintenance, analysis and reportin g of crime incident
31+activity generated by law enforcement agencies in this
32+state. The department shall develop and operate a uniform
33+crime reporting system that is compatible with the national
34+uniform crime reporting system operated by the Federal
35+Bureau of Investigation.
36+ 2. The department of public safety shall:
37+ 2
38+ (1) Develop, operate and maintain an information
39+system for the collection, storage, maintenance, analysis
40+and retrieval of crime incident and arrest reports from
41+Missouri law enforcement agencies;
42+ (2) Compile the statistical data and forward such data
43+as required to the Federal Bureau of Investigation or the
44+appropriate Department of Justice agency in accordance with
45+the standards and procedures of the national system;
46+ (3) Provide the forms, formats, procedures, standards
47+and related training or training assistance to all law
48+enforcement agencies in the state as necessary for such
49+agencies to report incident and arrest activity for timely
50+inclusion into the st atewide system;
51+ (4) Annually publish a report on the nature and extent
52+of crime and submit such report to the governor and the
53+general assembly. Such report and other statistical reports
54+shall be made available to state and local law enforcement
55+agencies and the general public through an electronic or
56+manual medium;
57+ (5) Maintain the privacy and security of information
58+in accordance with applicable state and federal laws,
59+regulations and orders; and
60+ (6) Establish such rules and regu lations as are
61+necessary for implementing the provisions of this section.
62+Any rule or portion of a rule, as that term is defined in
63+section 536.010, that is created under the authority
64+delegated in this section shall become effective only if it
65+complies with and is subject to all of the provisions of
66+chapter 536 and, if applicable, section 536.028. This
67+section and chapter 536 are nonseverable and if any of the
68+powers vested with the general assembly pursuant to chapter
69+536 to review, to delay th e effective date or to disapprove
70+and annul a rule are subsequently held unconstitutional,
71+ 3
72+then the grant of rulemaking authority and any rule proposed
73+or adopted after August 28, 2000, shall be invalid and void.
74+ 3. Every law enforcement agency in the state shall:
75+ (1) Submit crime incident reports to the department of
76+public safety on forms or in the format prescribed by the
77+department; [and]
78+ (2) Submit any other crime incident information which
79+may be required by the department of p ublic safety,
80+including information pertaining to the immigration status
81+of any criminal offender, indicating whether the offender is
82+a citizen of the United States, is a lawfully present
83+immigrant, or does not possess the information to show that
84+he or she is a citizen of the United States or a lawfully
85+present immigrant.
86+ 4. Any law enforcement agency that violates this
87+section after December 31, 2021, may be ineligible to
88+receive state or federal funds which would otherwise be paid
89+to such agency for law enforcement, safety or criminal
90+justice purposes.
91+ 82.1000. 1. In addition to forfeiture proceedings
92+pursuant to sections 513.600 to 513.645, the governing body
93+of any constitutional charter city having a population of
94+more than one hundred thousand inhabitants and located
95+within a county of the first classification that adjoins no
96+other county of the first classification may enact
97+ordinances which would subject to forfeiture any motor
98+vehicle operated by a person wit h one or more prior
99+convictions for an intoxication -related traffic offense, as
100+defined in section [577.023] 577.001, who is prohibited from
101+obtaining a license to operate a motor vehicle by the
102+director of revenue pursuant to subdivision (9) or (10) of
103+subsection 1 of section 302.060, or who has the person's
104+ 4
105+license to operate a motor vehicle suspended or revoked, as
106+a result of a finding or a plea of guilty to:
107+ (1) Any intoxication-related traffic offense as
108+defined in section [577.023] 577.001; [or]
109+ (2) Involuntary manslaughter as a result of operating
110+a motor vehicle while in an intoxicated condition as defined
111+in section [565.024] 577.001;
112+ (3) Two or more violations of stunt driving or street
113+takeover as provided in section 304.145 committed on
114+separate occasions where in each violation the person was
115+operating a vehicle and another person was injured or
116+killed; or
117+ (4) The offense of aggravated fleeing a stop or
118+detention of a motor vehicle as provided in section 5 75.151.
119+Such forfeiture pursuant to this subsection shall only be
120+allowed if such person operates a motor vehicle while the
121+person's license to operate a motor vehicle is under such a
122+suspension or revocation.
123+ 2. The ordinance allowing forfeitures pursuant to this
124+section may also provide for the impoundment and forfeiture
125+of a motor vehicle operated by any person who is classified
126+as a prior offender or persistent offender pursuant to
127+section 577.023 after the effective date of such ordinance,
128+except that a judgment of forfeiture may only be rendered if
129+there is a conviction of an intoxication -related traffic
130+offense which causes the owner of the motor vehicle to be
131+classified as a prior or persistent offender.
132+ 3. The ordinance allowi ng the forfeitures pursuant to
133+this section may also provide for the impoundment and
134+forfeiture of a motor vehicle operated by any person who has
135+previously been convicted of two or more intoxication -
136+related traffic offenses, as defined in section [577.023]
137+577.001, and who thereafter, pursuant to a chemical test
138+ 5
139+conducted in accordance with sections 577.020 to 577.041, is
140+determined upon probable cause to have been driving a motor
141+vehicle with a blood -alcohol concentration equal to or
142+greater than the blood-alcohol percentage concentration
143+specified in subsection 1 of section 302.520, or any such
144+person who, pursuant to section 577.041, has been requested
145+to submit to a chemical test as described pursuant to that
146+section, and refused to submit to such test.
147+ 4. All forfeiture proceedings pursuant to this section
148+shall be conducted in accordance with sections 513.600 to
149+513.645, except the forfeiture proceeding shall be brought
150+by the city attorney for the city which enacted such
151+ordinances.
152+ 5. The ordinance shall also provide that any person
153+claiming an ownership interest in the motor vehicle subject
154+to forfeiture shall have all the defenses to the forfeiture
155+proceeding available to them which they may be entitled to
156+raise pursuant to sections 513.600 to 513.645. The
157+ordinance shall further provide that, in the event the title
158+documents registered with the department of revenue for the
159+motor vehicle subject to forfeiture, at the time of the
160+action giving rise to the forfeit ure proceeding, list
161+persons as owners or co -owners of the vehicle in addition to
162+or other than the operator, and the nonoperator owner of the
163+motor vehicle has not previously been the operator or the
164+owner of, a motor vehicle which has been the subjec t of a
165+forfeiture proceeding authorized by this section, the motor
166+vehicle shall be returned to the nonoperator registered
167+owner and all costs associated with the seizure, towing,
168+storage and impoundment of the vehicle, and the payment of
169+all court costs and reasonable attorney fees associated with
170+the forfeiture proceeding shall be paid by the owners or the
171+operator of the vehicle. To be entitled to return of the
172+ 6
173+vehicle all owners shall execute a written agreement with
174+the municipality stipulati ng and consenting to the seizure
175+and forfeiture of the motor vehicle in the event such motor
176+vehicle is subsequently operated by the same operator under
177+circumstances which would allow the municipality to seek
178+forfeiture of such vehicle pursuant to an ordinance
179+authorized by this section.
180+ 84.012. In all cities of this state not within a
181+county, the common council or municipal assembly of such
182+cities may pass ordinances for preserving order; securing
183+property and persons from violenc e, danger, or destruction;
184+protecting public and private property; and promoting the
185+interests and ensuring the good governance of the cities,
186+but no ordinances heretofore passed, or that may hereafter
187+be passed, by the common council or municipal asse mbly of
188+the cities shall, in any manner, conflict or interfere with
189+the powers or the exercise of the powers of the boards of
190+police commissioners of the cities as created by section
191+84.020, nor shall the cities or any officer or agent of the
192+corporation of the cities, or the mayor thereof, in any
193+manner impede, obstruct, hinder, or interfere with the
194+boards of police, any officer, agent, or servant thereof or
195+thereunder.
196+ 84.020. 1. In all cities [of this state that now
197+have, or may hereafter attain, a population of five hundred
198+thousand inhabitants or over ] not within a county, there
199+shall be, and is hereby established, within and for said
200+cities, a board of police commissioners, to consist of four
201+citizen commissioners, as pr ovided in sections 84.040 to
202+84.080, to be the governing body of the permanent police
203+force pursuant to section 84.100, together with the mayor of
204+said cities for the time being, or whosoever may be
205+officially acting in that capacity, and said board sh all
206+ 7
207+annually appoint one of its members as president, [and] one
208+member who shall act as vice president [during the absence
209+of the president], and one member who shall act as board
210+secretary; and such president or vice president shall be the
211+executive officer of the board and shall act for it when the
212+board is not in session.
213+ 2. The board shall consist of five commissioners, one
214+of whom is the mayor of a city not within a county, one
215+citizen commissioner appointed at the sole discretion of the
216+governor, and three citizen commissioners appointed as
217+provided in subdivision (2) of this subsection. Citizen
218+commissioners shall be residents of the city for not less
219+than three years preceding their appointment. Except for
220+the mayor, no commissio ner shall be nominated for or hold
221+any other elective or appointed political office. If any
222+citizen commissioner is nominated for or elected to any
223+elective or appointed political office, such commissioner
224+shall forfeit the appointment and shall immed iately vacate
225+his or her office. The mayor of a city not within a county
226+shall automatically be a member of the board, while the
227+remaining inaugural commissioners shall be appointed as
228+follows:
229+ (1) One citizen commissioner to be appointed at the
230+sole discretion of the governor; and
231+ (2) The remaining three citizen commissioners shall be
232+appointed by the governor from three separate panels of
233+candidates submitted to the governor, that include one
234+candidate submitted by the mayor of a city not within a
235+county and up to four candidates submitted by the local
236+fraternal organizations representing the rank of police
237+officer within the city not within a county. The number of
238+candidates submitted by the local fraternal organizations
239+shall be based on one selection per two hundred fifty total
240+ 8
241+active members of which they represent from the St. Louis
242+Metropolitan Police Department, not to exceed a total of
243+three selections per local fraternal organization.
244+ 3. Any member of the board m ay be removed for cause
245+with the approval of a majority of the other board members;
246+but such member shall first be presented with a written
247+statement of the reasons for removal and shall have the
248+opportunity for a hearing by the board to establish caus e
249+for removal. The decision for removal of a board member is
250+final. However, the removed member may appeal their removal
251+to the twenty-second judicial circuit court.
252+ 4. A majority of the board shall constitute a quorum
253+for the transaction of bu siness, but no action shall be
254+taken by the board or deemed valid unless three concurring
255+votes are cast.
256+ 5. The board shall have the power to summon and compel
257+the attendance of witnesses before the board and to compel
258+the production of document s and other evidence, whenever
259+necessary in the discharge of its duties, and shall have the
260+power to administer oaths or affirmations to any person
261+appearing or called before it.
262+ 6. The board shall have the following powers and
263+duties:
264+ (1) To receive input from the chief of police, in
265+order to formulate and approve policies governing the
266+operation and conduct of the permanent police force pursuant
267+to section 84.100;
268+ (2) To appoint as a chief of police any person who
269+shall be responsible to the board for proper execution of
270+the policies, duties, and responsibilities established by
271+the board for the administration of the police department,
272+and to remove the chief pursuant to section 106.273;
273+ 9
274+ (3) To hear and determine appeals from the decisions
275+of the chief of police on disciplinary matters arising in
276+the department, pursuant to section 590.502; however, at the
277+time of the effective date of this act and until such time
278+as the board adopts other investigative and disciplinar y
279+policies and procedures not inconsistent with section
280+590.502, discipline and investigative procedures for
281+commissioned and civilian employees of the police force
282+shall be regulated by rule 7 of the police manual of the
283+police department in effect a s of November 4, 2013; except
284+that, where rule 7 is in conflict with section 590.502, the
285+board shall comply with the requirements of section
286+590.502. Under no circumstances shall the board initially
287+or hereafter adopt investigative and disciplinary p rocedures
288+that do not include the summary hearing board procedures
289+provided for in rule 7 of the police manual of the police
290+department in effect as of November 4, 2013;
291+ (4) To promulgate a manual of rules and regulations
292+for the qualifications a nd conduct of personnel of the
293+police department and its operation;
294+ (5) To have such other powers and duties with respect
295+to police administration and law enforcement as provided by
296+statute;
297+ (6) To regulate and license all private watchmen,
298+private detectives, and private police serving or acting in
299+the city and no person shall act as such without first
300+having obtained such license. Penalties for the violation
301+of regulations promulgated by the board under this
302+subsection shall be prescr ibed by ordinance.
303+ 84.030. 1. Beginning on [January 9, 1989, the
304+governor of the state of Missouri, by and with the advice
305+and consent of the senate, shall appoint ] August 28, 2025,
306+and no later than September 28, 2025, the four citizen
307+ 10
308+commissioners [provided for in] shall be appointed as
309+provided in section 84.020[,] and shall serve as follows:
310+ (1) One citizen commissioner appointed by the governor
311+shall [be appointed] serve for a term of one year; and
312+ (2) Of the three remaining citizen commissioners
313+selected by the governor:
314+ (a) One citizen commissioner shall [be appointed]
315+serve for a term of two years;
316+ (b) One citizen commissioner shall [be appointed]
317+serve for a term of three years; and
318+ (c) One citizen commissioner shall [be appointed]
319+serve for a term of four years.
320+Their successors shall each be appointed for a term of four
321+years, and said commissioners shall hold office for their
322+term of appointment and until their successors shall have
323+been appointed and qualified. [In case of a vacancy in said
324+board for any cause whatsoever, it shall be filled by
325+appointment for the unexpired term, in the same manner as in
326+the case of original appointments. The governor shall issue
327+commissions to the persons so appointed, designating the
328+time for which they are appointed in case the appointment is
329+to fill an unexpired term occasioned by death, resignation
330+or any other cause, and whenever the term of office of any
331+commissioner expires, the appointm ent of his successor shall
332+be for four years. The commissioners now holding offices
333+under existing laws in any city of this state to which
334+sections 84.010 to 84.340 apply are to hold their offices
335+until the expiration of their terms, and their success ors
336+are duly appointed and qualified ]
337+ 2. With the exception of the citizen commissioner
338+appointed at the sole discretion of the governor, whenever a
339+vacancy occurs on the commission, the governor shall fill
340+the vacancy for the unexpired term from a panel of names
341+ 11
342+determined by the formula established in subsection 2 of
343+section 84.020.
344+ 84.100. To enable the boards to perform the duties
345+imposed upon them, they are hereby authorized and required
346+to appoint, enroll and employ [a] only one permanent police
347+force for the cities which they shall equip and arm as they
348+may judge necessary. Except as provided below, the number
349+of patrolmen to be appointed shall not be [more] less than
350+one thousand [six] three hundred [eighty-three] thirteen, of
351+which number not more than two hundred fifty are to be
352+probationary patrolmen. Any increase in the number of
353+patrolmen authorized, in addition to that provided for
354+above, shall be permitted upon recommendation by the board
355+of police commissioners, with the approval of the municipal
356+board of estimate and apportionment. [The number of
357+turnkeys to be appointed shall be sixty -five, except that
358+for each patrolman hereafter promoted, demoted, removed,
359+resigned or otherwise separated from t he force, an
360+additional turnkey may be appointed, but under no
361+circumstances shall more than one hundred fifty turnkeys be
362+appointed. As each additional turnkey is appointed, the
363+maximum number of patrolmen to be appointed shall be reduced
364+accordingly so that when one hundred fifty turnkeys have
365+been appointed, the number of patrolmen to be appointed
366+shall not be more than one thousand five hundred ninety -
367+eight] The board may continue to employ as many
368+noncommissioned police civilians, which shall include city
369+marshals and park rangers, as it deems necessary in order to
370+perform the duties imposed upon it .
371+ 84.150. The maximum number of officers of the police
372+force in each such city shall be as follows: [one chief of
373+police with the rank of colonel; lieutenant colonels, not to
374+exceed five in number and other such ranks and number of
375+ 12
376+members within such ranks as the board from time to time
377+deems necessary] seventy-six commissioned officers at the
378+rank of lieutenant and above; two hundred commissioned
379+officers at the rank of sergeant; and one thousand thirty -
380+seven commissioned officers at the rank of patrolman . The
381+officers of the police force shall have commissions issued
382+to them by the boards of police commissioners, and those
383+heretofore and those hereafter commissioned shall serve so
384+long as they shall faithfully perform their duties and
385+possess the necessary mental and physical ability, and be
386+subject to removal only for cause after a hearing by the
387+board, who are hereby invested with exclusive jurisdiction
388+in the premises.
389+ 84.160. 1. As of August 28, [2006] 2025, the board of
390+police commissioners shall have the authority to compute and
391+establish the annual salary of each member of the police
392+force without receiving prior authorization from the general
393+assembly, which shall not be less than the annual salary
394+paid to any member at the time of the enactment of this act .
395+ 2. Each officer of police and patrolman whose regular
396+assignment requires nonuniformed attire may receive, in
397+addition to his or her salary, an allowance not to exceed
398+three hundred sixty dollars per annum payable biweekly.
399+Notwithstanding the provisions of subsection 1 of this
400+section to the contrary, no additional com pensation or
401+compensatory time off for overtime, court time, or standby
402+court time shall be paid or allowed to any officer of the
403+rank of [sergeant] lieutenant or above. Notwithstanding any
404+other provision of law to the contrary, nothing in this
405+section shall prohibit the payment of additional
406+compensation pursuant to this subsection to officers of the
407+ranks of sergeants and above, provided that funding for such
408+compensation shall not:
409+ 13
410+ (1) Be paid from the general funds of either the city
411+or the board of police commissioners of the city; or
412+ (2) Be violative of any federal law or other state law.
413+ 3. It is the duty of the municipal assembly or common
414+council of the cities to make the necessary appropriation
415+for the expenses of the maintenance of the police force in
416+the manner herein and hereafter provided; provided, that in
417+no event shall such municipal assembly or common council be
418+required to appropriate for such purposes (including, but
419+not limited to, costs of funding pensi ons or retirement
420+plans) for any fiscal year a sum in excess of any limitation
421+imposed by article X, section 21, Missouri Constitution; and
422+provided further, that such municipal assembly or common
423+council may appropriate a sum in excess of such limitat ion
424+for any fiscal year by an appropriations ordinance enacted
425+in conformity with the provisions of the charter of such
426+cities.
427+ 4. Notwithstanding the provisions of subsection 1 of
428+this section to the contrary, the board of police
429+commissioners shall pay additional compensation for all
430+hours of service rendered by probationary patrolmen [and],
431+patrolmen, and sergeants in excess of the established
432+regular working period, and the rate of compensation shall
433+be one and one-half times the regular hourly rate of pay to
434+which each member shall normally be entitled; except that,
435+the court time and court standby time shall be paid at the
436+regular hourly rate of pay to which each member shall
437+normally be entitled. No credit shall be given or
438+deductions made from payments for overtime for the purpose
439+of retirement benefits.
440+ 5. Notwithstanding the provisions of subsection 1 of
441+this section to the contrary, probationary patrolmen [and],
442+patrolmen, and sergeants shall receive additional
443+ 14
444+compensation for authorized overtime, court time and court
445+standby time whenever the total accumulated time exceeds
446+forty hours. The accumulated forty hours shall be taken as
447+compensatory time off at the officer's discretion with the
448+approval of his supervi sor.
449+ 6. The allowance of compensation or compensatory time
450+off for court standby time shall be computed at the rate of
451+one-third of one hour for each hour spent on court standby
452+time.
453+ 7. The board of police commissioners [may] shall
454+effect programs to provide additional compensation to its
455+employees for successful completion of academic work at an
456+accredited college or university, in amounts not to exceed
457+ten percent of their yearly salaries or for field training
458+officer and lead officer responsibilities in amounts not to
459+exceed three percent of their yearly salaries for field
460+training officer responsibilities and an additional three
461+percent of their yearly salaries for lead officer
462+responsibilities. The board may designate up to one hundred
463+fifty employees as field training officers and up to fifty
464+employees as lead officers.
465+ 8. The board of police commissioners:
466+ (1) Shall provide or contract for life insurance
467+coverage and for insurance benefits providing health,
468+medical and disability coverage for officers and employees
469+of the department;
470+ (2) Shall provide or contract for insurance coverage
471+providing salary continuation coverage for officers and
472+employees of the police department;
473+ (3) Shall provide health, medical, and life insurance
474+coverage for retired officers and employees of the police
475+department. Health, medical and life insurance coverage
476+shall be made available for purchase to the spouses or
477+ 15
478+dependents of deceased retired officers and emplo yees of the
479+police department who receive pension benefits pursuant to
480+sections 86.200 to 86.364 at the rate that such dependent's
481+or spouse's coverage would cost under the appropriate plan
482+if the deceased were living;
483+ (4) May pay an additional s hift differential
484+compensation to members of the police force for evening and
485+night tour of duty in an amount not to exceed ten percent of
486+the officer's base hourly rate.
487+ 9. Notwithstanding the provisions of subsection 1 of
488+this section to the co ntrary, the board of police
489+commissioners shall pay additional compensation to members
490+of the police force up to and including the rank of police
491+officer for any full hour worked between the hours of 11:00
492+p.m. and 7:00 a.m., in amounts equal to [five] ten percent
493+of the officer's base hourly pay.
494+ 10. The board of police commissioners, from time to
495+time and in its discretion, may pay additional compensation
496+to police officers, sergeants and lieutenants by paying
497+commissioned officers in the af oresaid ranks for
498+accumulated, unused vacation time. Any such payments shall
499+be made in increments of not less than forty hours, and at
500+rates equivalent to the base straight -time rates being
501+earned by said officers at the time of payment; except that,
502+no such officer shall be required to accept payment for
503+accumulated unused vacation time.
504+ 84.170. 1. When any vacancy shall take place in any
505+grade of officers, it shall be filled from the next lowest
506+grade; provided, however, that p robationary patrolmen shall
507+serve at least six months as such before being promoted to
508+the rank of patrolman; patrolmen shall serve at least three
509+years as such before being promoted to the rank of sergeant;
510+sergeants shall serve at least one year as s uch before being
511+ 16
512+promoted to the rank of lieutenant; lieutenants shall serve
513+at least one year as such before being promoted to the rank
514+of captain; and in no case shall the chief or assistant
515+chief be selected from men not members of the force or belo w
516+the grade of captain. Patrolmen shall serve at least three
517+years as such before promotion to the rank of detective; the
518+inspector shall be taken from men in the rank not below the
519+grade of lieutenant.
520+ 2. The boards of police are hereby authori zed to make
521+all such rules and regulations, not inconsistent with
522+sections 84.010 to 84.340, or other laws of the state, as
523+they may judge necessary, for the appointment, employment,
524+uniforming, discipline, trial and government of the police.
525+At the time of the effective date of this act and until such
526+time as the board adopts other investigative and
527+disciplinary policies and procedures not inconsistent with
528+section 590.502, discipline and investigative procedures for
529+commissioned and civilian emp loyees of the police force
530+shall be regulated by rule 7 of the police manual of the
531+police department in effect as of November 4, 2013; except
532+that, where rule 7 is in conflict with section 590.502, the
533+board shall comply with the requirements of secti on
534+590.502. Under no circumstances shall the board initially
535+or hereafter adopt investigative and disciplinary procedures
536+that do not include the summary hearing board procedures
537+provided for in rule 7 of the police manual of the police
538+department in effect as of November 4, 2013. The said
539+boards shall also have power to require of any officer or
540+policeman bond with sureties when they may consider it
541+demanded by the public interests. All lawful rules and
542+regulations of the board shall be obeyed by the police force
543+on pain of dismissal or such lighter punishment, either by
544+ 17
545+suspension, fine, reduction or forfeiture of pay, or
546+otherwise as the boards may adjudge.
547+ 3. The authority possessed by the board of police
548+includes, but is not limite d to, the authority to delegate
549+portions of its powers authorized in section 84.120,
550+including presiding over a disciplinary hearing, to a
551+hearing officer as determined by the board.
552+ 84.225. Any officer or servant of the mayor or common
553+council or municipal assembly of the cities, or other
554+persons whatsoever, who forcibly resists or obstructs the
555+execution or enforcement of any of the provisions of
556+sections 84.012 to 84.340 or relating to the same, or who
557+disburses or fails to disbu rse any money in violation
558+thereof, or who hinders or obstructs the organization or
559+maintenance of the board of police or the police force
560+therein provided to be organized and maintained, or who
561+maintains or controls any police force other than the one
562+therein provided for, or who delays or hinders the due
563+enforcement of sections 84.012 to 84.340 by failing or
564+neglecting to perform the duties by such sections imposed
565+upon him or her, shall be subject to a penalty of one
566+thousand dollars for each of fense, recoverable by the boards
567+by action at law in the name of the state, and shall forever
568+thereafter be disqualified from holding or exercising any
569+office or employment whatsoever under the mayor or common
570+council or municipal assembly of such citi es, or under
571+sections 84.012 to 84.340; provided that, nothing in this
572+section shall be construed to interfere with the punishment,
573+under any existing or any future laws of this state, of any
574+criminal offense that is committed by the parties in or
575+about the resistance, obstruction, hindrance, conspiracy,
576+combination, or disbursement aforesaid.
577+ 18
578+ 84.325. 1. On August 28, 2025, the board of police
579+commissioners shall assume control of any municipal police
580+force established within any c ity not within a county,
581+according to the procedures and requirements of this section
582+and any rules promulgated under subsection 6 of this
583+section. The purpose of these procedures and requirements
584+is to provide for an orderly and appropriate transitio n in
585+the governance of the police force and provide for an
586+equitable employment transition for commissioned and
587+civilian personnel.
588+ 2. Upon the assumption of control by the board of
589+police commissioners under subsection 1 of this section, any
590+municipal police department within any city not within a
591+county shall convey, assign, and otherwise transfer to the
592+board title and ownership of all indebtedness and assets,
593+including, but not limited to, all funds and real and
594+personal property held in the name of or controlled by the
595+municipal police department. Such city shall thereafter
596+cease the operation of any police department or police force.
597+ 3. Upon the assumption of control by the board of
598+police commissioners under subsection 1 of th is section, the
599+state shall accept responsibility, ownership, and liability
600+as successor-in-interest for contractual obligations and
601+other lawful obligations of the municipal police department.
602+ 4. The board of police commissioners shall initially
603+employ, without a reduction in rank, salary, or benefits,
604+all commissioned and civilian personnel of the municipal
605+police department who were employed by the municipal police
606+department immediately prior to the date the board assumed
607+control. The board shall recognize all accrued years of
608+service that such commissioned and civilian personnel had
609+with the municipal police department, as well as all accrued
610+years of service that such commissioned and civilian
611+ 19
612+personnel had previously with the board of police
613+commissioners. Such personnel shall be entitled to the same
614+holidays, vacation, sick leave, sick bonus time, and annual
615+step-increases they were entitled to as employees of the
616+municipal police department.
617+ 5. The commissioned and civil ian personnel who retire
618+from service with the municipal police department before the
619+board of police commissioners assumed control of the
620+department under subsection 1 of this section shall continue
621+to be entitled to the same pension benefits provided as
622+employees of the municipal police department and the same
623+benefits set forth in subsection 4 of this section. Any
624+police pension system created under chapter 86 for the
625+benefit of a police force established under sections 84.012
626+to 84.340 shall continue to be governed by chapter 86 and
627+shall apply to any comprehensive policing plan and any
628+police force established under sections 84.012 to 84.340.
629+Other than any provision that makes chapter 86 applicable to
630+a municipal police force established under sections 84.343
631+to 84.346, nothing in sections 84.012 to 84.340 shall be
632+construed as limiting or changing the rights or benefits
633+provided under chapter 86.
634+ 6. The board of police commissioners may promulgate
635+all necessary rules and regula tions for the implementation
636+and administration of this section. Any rule or portion of
637+a rule, as that term is defined in section 536.010, that is
638+created under the authority delegated in this section shall
639+become effective only if it complies with a nd is subject to
640+all of the provisions of chapter 536 and, if applicable,
641+section 536.028. This section and chapter 536 are
642+nonseverable and if any of the powers vested with the
643+general assembly pursuant to chapter 536 to review, to delay
644+the effective date, or to disapprove and annul a rule are
645+ 20
646+subsequently held unconstitutional, then the grant of
647+rulemaking authority and any rule proposed or adopted after
648+August 28, 2025, shall be invalid and void.
649+ 105.726. 1. Nothing in sections 105.711 to 105.726
650+shall be construed to broaden the liability of the state of
651+Missouri beyond the provisions of sections 537.600 to
652+537.610, nor to abolish or waive any defense at law which
653+might otherwise be available to any agency, officer, or
654+employee of the state of Missouri. Sections 105.711 to
655+105.726 do not waive the sovereign immunity of the state of
656+Missouri.
657+ 2. The creation of the state legal expense fund and
658+the payment therefrom of such amounts as may be necessary
659+for the benefit of any person covered thereby are deemed
660+necessary and proper public purposes for which funds of this
661+state may be expended.
662+ 3. Moneys in the state legal expense fund shall not be
663+available for the payment of any claim or any amount
664+required by any final judgment rendered by a court of
665+competent jurisdiction against a board of police
666+commissioners established under chapter 84, including the
667+commissioners, any police officer, notwithstanding sections
668+84.330 and 84.710, or other provisions o f law, other
669+employees, agents, representative, or any other individual
670+or entity acting or purporting to act on its or their
671+behalf. Such was the intent of the general assembly in the
672+original enactment of sections 105.711 to 105.726, and it is
673+made express by this section in light of the decision in
674+Wayman Smith, III, et al. v. State of Missouri, 152 S.W.3d
675+275. Except that the commissioner of administration shall
676+reimburse from the legal expense fund the board of police
677+commissioners establish ed under [section 84.350, and any
678+successor-in-interest established pursuant to section
679+ 21
680+84.344,] chapter 84 for liability claims otherwise eligible
681+for payment under section 105.711 paid by such [board]
682+boards on an equal share basis per claim up to a maximum of
683+one million dollars per fiscal year.
684+ 4. [Subject to the provisions of subsection 2 of
685+section 84.345,] If the representation of the attorney
686+general is requested by a board of police commissioners [or
687+its successor-in-interest established pursuant to section
688+84.344], the attorney general shall represent, investigate,
689+defend, negotiate, or compromise all claims under sections
690+105.711 to 105.726 for the board of police commissioners,
691+its successor-in-interest pursuant to section 84.34 4, any
692+police officer, other employees, agents, representatives, or
693+any other individual or entity acting or purporting to act
694+on their behalf. The attorney general may establish
695+procedures by rules promulgated under chapter 536 under
696+which claims must be referred for the attorney general's
697+representation. The attorney general and the officials of
698+the city which the police board represents [or represented]
699+shall meet and negotiate reasonable expenses or charges that
700+will fairly compensate the att orney general and the office
701+of administration for the cost of the representation of the
702+claims under this section.
703+ 5. Claims tendered to the attorney general promptly
704+after the claim was asserted as required by section 105.716
705+and prior to August 28, 2005, may be investigated, defended,
706+negotiated, or compromised by the attorney general and full
707+payments may be made from the state legal expense fund on
708+behalf of the entities and individuals described in this
709+section as a result of the holding in Wayman Smith, III, et
710+al. v. State of Missouri, 152 S.W.3d 275.
711+ 191.1005. 1. No individual or entity shall knowingly
712+open, lease, rent, own, use, maintain, manage, operate, or
713+ 22
714+control a public or private facility, site, or building for
715+the purpose, in part or in whole, of allowing individuals to
716+self-administer preobtained controlled substances, the
717+possession of which by the individual is punishable under
718+section 579.015 and is not otherwise authorized by chapters
719+195 and 579.
720+ 2. This section shall not apply to any health care
721+facility licensed pursuant to chapter 197 or 198 that:
722+ (a) Provides medical assistance or monitoring to
723+individuals who have self -administered controlled substances;
724+ (b) Provides sterile injection supplies;
725+ (d) Collects used hypodermic needles and syringes; or
726+ (e) Provides secure hypodermic needle and syringe
727+disposal services.
728+ 3. This section shall not affect the immunity from
729+liability provided by section 195.205 f or any individual
730+who, in good faith, seeks or obtains medical assistance for
731+someone who is experiencing an overdose of a controlled
732+substance or for any individual experiencing an overdose of
733+a controlled substance who seeks medical assistance for
734+himself or herself or is the subject of a good faith request
735+for medical assistance for an overdose of a controlled
736+substance.
737+ 4. As used in this section, the term "controlled
738+substance" means a drug, substance, or immediate precursor
739+in Schedules I through V listed in chapter 195.
740+ 304.012. 1. Every person operating a motor vehicle on
741+the roads and highways of this state shall drive the vehicle
742+in a careful and prudent manner and at a rate of speed so as
743+not to endanger the prop erty of another or the life or limb
744+of any person and shall exercise the highest degree of care.
745+ 23
746+ 2. No person operating a motor vehicle on the roads
747+and highways of this state shall perform stunt driving, as
748+such term is defined in section 304.145 .
749+ 3. Any person who violates the provisions of this
750+section is guilty of a class B misdemeanor, unless an
751+accident is involved then it shall be a class A misdemeanor.
752+ 304.145. 1. As used in this section, the following
753+terms mean:
754+ (1) "Aggravated offender", a person who has been found
755+guilty of:
756+ (a) Three or more violations of this section committed
757+on separate occasions; or
758+ (b) Two or more violations of this section committed
759+on separate occasions where in at least one of the
760+violations the defendant was operating a vehicle and another
761+person was injured or killed;
762+ (2) "Burnout", a maneuver performed while operating a
763+motor vehicle whereby the wheels of the motor vehicle are
764+spun, resulting in frictio n causing the motor vehicle's
765+tires to heat up and emit smoke;
766+ (3) "Chronic offender", a person who has been found
767+guilty of:
768+ (a) Four or more violations of this section committed
769+on separate occasions; or
770+ (b) Three or more violations of this section committed
771+on separate occasions where in at least one of the
772+violations the defendant was operating a vehicle and another
773+person was injured or killed; or
774+ (c) Two or more violations of this section committed
775+on separate occasions where in both of the violations the
776+defendant was operating a vehicle and another person was
777+injured or killed;
778+ 24
779+ (4) "Donut", a motor vehicle maneuver in which the
780+front or rear of the motor vehicle is rotated around the
781+opposite set of wheels in a motion that may cause a curved
782+skid-mark pattern of rubber on the driving surface, or the
783+tires to heat up and emit smoke, or both;
784+ (5) "Drag race", the operation of two or more motor
785+vehicles from a point side by side in a competitive attempt
786+to outgain or outdistance each other, or the operation of
787+one or more motor vehicles over a common selected course,
788+for the purpose of comparing the relative speeds, power, or
789+acceleration of such motor vehicles within a certain
790+distance or time limit;
791+ (6) "Drifting", a motor vehicle maneuver in which the
792+motor vehicle is steered so that it makes a controlled skid
793+sideways through a turn with the front wheels oriented in a
794+direction opposite the turn;
795+ (7) "Habitual offender", a person who has been found
796+guilty of:
797+ (a) Five or more violations of this section committed
798+on separate occasions; or
799+ (b) Four or more violations of this section committed
800+on separate occasions where in at least one of the
801+violations the defendant was operating a vehicle and another
802+person was injured or killed; or
803+ (c) Three or more violations of this section committed
804+on separate occasions where in at least two of the
805+violations the defendant was operating a vehicle and another
806+person was injured or killed;
807+ (8) "Highway", any public thoroughfare for vehicles,
808+including state roads, county roads and public streets,
809+avenues, boulevards, parkways, or alleys in any municipality;
810+ (9) "Persistent offender", a person who has been found
811+guilty of:
812+ 25
813+ (a) Two or more violations of this section committed
814+on separate occasions; or
815+ (b) One violation of this section where the defendant
816+was operating a vehicle and another person was injured or
817+killed;
818+ (10) "Prior offender", a person who has been found
819+guilty of a violation of this section where such prior
820+offense occurred within five years of the violation for
821+which the person is charged;
822+ (11) "Race", the operation of one or more motor
823+vehicles arising from a challe nge to demonstrate superiority
824+of a motor vehicle or driver, and the acceptance of or
825+competitive response to that challenge, either through a
826+prior arrangement or in immediate response, in which the
827+competitor attempts to outgain or outdistance anothe r motor
828+vehicle, to prevent another motor vehicle from passing, to
829+arrive at a given destination ahead of another motor
830+vehicle, to test the physical stamina or endurance of
831+drivers, to exhibit speed or acceleration, or to set a speed
832+or acceleration record;
833+ (12) "Street takeover", the act of disrupting the
834+regular flow of traffic for the purpose of performing,
835+facilitating, or spectating stunt driving;
836+ (13) "Stunt driving", to operate a motor vehicle
837+performing a race, a drag race, a bu rnout, a donut, a
838+wheelie, or drifting;
839+ (14) "Wheelie", a motor vehicle maneuver whereby a
840+vehicle is ridden for a distance with the front or rear
841+wheel or wheels raised off the ground.
842+ 2. Except as otherwise permitted by law, no person
843+shall:
844+ (1) Perform stunt driving in connection with a street
845+takeover; or
846+ 26
847+ (2) Perform or participate in a street takeover.
848+ 3. Violation of this section shall be a class A
849+misdemeanor for a first offense, a class E felony for a
850+second offense, and a class D felony for a third or
851+subsequent offense.
852+ 4. No defendant alleged and proved to be a prior
853+offender, persistent offender, aggravated offender, chronic
854+offender, or habitual offender shall be granted a suspended
855+imposition of sentence or be sentenced to pay a fine in lieu
856+of imprisonment.
857+ 5. No defendant alleged and proven to be a prior
858+offender shall be granted probation or parole until he or
859+she has served a minimum of ten days imprisonment, unless as
860+a condition of such probation or parole the person performs
861+at least thirty days of community service under the
862+supervision of the court in a jurisdiction that has a
863+recognized program for community service.
864+ 6. No defendant alleged and proven to be an aggravated
865+offender shall be eligible for probation or parole until he
866+or she has served a minimum of thirty days imprisonment.
867+ 7. No defendant alleged and proven to be a chronic or
868+habitual offender shall be eligible for probation or parole
869+until he or she has served a minimum of one year
870+imprisonment.
871+ 8. Prior pleas of guilty and prior findings of guilty
872+shall be pleaded and proven in the same manner as required
873+by section 558.021.
874+ 9. This section shall not apply with regard to events
875+sanctioned by a political subdivision or private entity with
876+responsibility for maintenance and control of the portion of
877+highway or private property on which the motor vehicle
878+operation occurs.
879+ 27
880+ 513.605. As used in sections 513.600 to 513.64 5,
881+unless the context clearly indicates otherwise, the
882+following terms mean:
883+ (1) (a) "Beneficial interest":
884+ a. The interest of a person as a beneficiary under any
885+other trust arrangement pursuant to which a trustee holds
886+legal or record title to real property for the benefit of
887+such person; or
888+ b. The interest of a person under any other form of
889+express fiduciary arrangement pursuant to which any other
890+person holds legal or record title to real property for the
891+benefit of such pers on;
892+ (b) "Beneficial interest" does not include the
893+interest of a stockholder in a corporation or the interest
894+of a partner in either a general partnership or limited
895+partnership. A beneficial interest shall be deemed to be
896+located where the real property owned by the trustee is
897+located;
898+ (2) "Civil proceeding", any civil suit commenced by an
899+investigative agency under any provision of sections 513.600
900+to 513.645;
901+ (3) "Criminal activity" is the commission, attempted
902+commission, conspiracy to commit, or the solicitation,
903+coercion or intimidation of another person to commit any
904+crime which is chargeable by indictment or information under
905+the following Missouri laws:
906+ (a) Chapter 195, relating to drug regulations;
907+ (b) Chapter 301, relating to registration and
908+licensing of motor vehicles;
909+ (c) Chapter 304, but relating only to felony
910+violations of this chapter involving the use of a motor
911+vehicle;
912+ 28
913+ (d) Chapter 311, but relating only to felony
914+violations of this chapter committed by persons not duly
915+licensed by the supervisor of liquor control;
916+ (e) Chapter 409, relating to regulation of securities;
917+ (f) Chapter 491, relating to witnesses;
918+ (g) Chapter 565, relating to offenses against the
919+person;
920+ [(c)] (h) Chapter 566, relating to sexual offenses;
921+ [(d)] (i) Chapter 567, relating to prostitution;
922+ (j) Chapter 568, relating to offenses against the
923+family;
924+ [(e)] (k) Chapter 569, relating to robbery, arson,
925+burglary and related offenses;
926+ [(f)] (l) Chapter 570, relating to stealing and
927+related offenses;
928+ [(g) Chapter 567, relating to prostitution;
929+ (h)] (m) Chapter 571, relating to weapons offenses;
930+ (n) Chapter 572, relating to gambling;
931+ (o) Chapter 573, relating to pornography and related
932+offenses;
933+ [(i)] (p) Chapter 574, relating to offenses against
934+public order;
935+ [(j)] (q) Chapter 575, relating to offenses against
936+the administration of justice;
937+ [(k) Chapter 491, relating to witn esses;
938+ (l) Chapter 572, relating to gambling;
939+ (m) Chapter 311, but relating only to felony
940+violations of this chapter committed by persons not duly
941+licensed by the supervisor of liquor control;
942+ (n) Chapter 571, relating to weapons offen ses;
943+ (o) Chapter 409, relating to regulation of securities;
944+ (p) Chapter 301, relating to registration and
945+licensing of motor vehicles ]
946+ 29
947+ (r) Chapter 578, but only relating to offenses by a
948+criminal street gang ;
949+ (4) "Criminal proceeding", any criminal prosecution
950+commenced by an investigative agency under any criminal law
951+of this state;
952+ (5) "Investigative agency", the attorney general's
953+office, or the office of any prosecuting attorney or circuit
954+attorney;
955+ (6) "Pecuniary value":
956+ (a) Anything of value in the form of money, a
957+negotiable instrument, a commercial interest, or anything
958+else the primary significance of which is economic
959+advantage; or
960+ (b) Any other property or service that has a value in
961+excess of one hundred dollars;
962+ (7) "Real property", any estate or legal or equitable
963+interest in land situated in this state or any interest in
964+such real property, including, but not limited to, any lease
965+or deed of trust upon such real property;
966+ (8) "Seizing agency", the agency which is the primary
967+employer of the officer or agent seizing the property,
968+including any agency in which one or more of the employees
969+acting on behalf of the seizing agency is employed by the
970+state of Missouri or any p olitical subdivision of this state;
971+ (9) "Seizure", the point at which any law enforcement
972+officer or agent discovers and exercises any control over
973+property that an officer or agent has reason to believe was
974+used or intended for use in the course of, derived from, or
975+realized through criminal activity. Seizure includes but is
976+not limited to preventing anyone found in possession of the
977+property from leaving the scene of the investigation while
978+in possession of the property;
979+ (10) (a) "Trustee":
980+ 30
981+ a. Any person who holds legal or record title to real
982+property for which any other person has a beneficial
983+interest; or
984+ b. Any successor trustee or trustees to any of the
985+foregoing persons;
986+ (b) "Trustee" does not include the fol lowing:
987+ a. Any person appointed or acting as a personal
988+representative under chapter 475 or under chapter 473;
989+ b. Any person appointed or acting as a trustee of any
990+testamentary trust or as trustee of any indenture of trust
991+under which any bonds are or are to be issued.
992+ 556.061. In this code, unless the context requires a
993+different definition, the following terms shall mean:
994+ (1) "Access", to instruct, communicate with, store
995+data in, retrieve or extract data from, or otherwise make
996+any use of any resources of, a computer, computer system, or
997+computer network;
998+ (2) "Affirmative defense":
999+ (a) The defense referred to is not submitted to the
1000+trier of fact unless supported by evidence; and
1001+ (b) If the defense is submitted to the trier of fact
1002+the defendant has the burden of persuasion that the defense
1003+is more probably true than not;
1004+ (3) "Burden of injecting the issue":
1005+ (a) The issue referred to is not submitted to the
1006+trier of fact unless su pported by evidence; and
1007+ (b) If the issue is submitted to the trier of fact any
1008+reasonable doubt on the issue requires a finding for the
1009+defendant on that issue;
1010+ (4) "Commercial film and photographic print
1011+processor", any person who develops exposed photographic
1012+film into negatives, slides or prints, or who makes prints
1013+from negatives or slides, for compensation. The term
1014+ 31
1015+commercial film and photographic print processor shall
1016+include all employees of such persons but shall not include
1017+a person who develops film or makes prints for a public
1018+agency;
1019+ (5) "Computer", the box that houses the central
1020+processing unit (CPU), along with any internal storage
1021+devices, such as internal hard drives, and internal
1022+communication devices, such as internal modems capable of
1023+sending or receiving electronic mail or fax cards, along
1024+with any other hardware stored or housed internally. Thus,
1025+computer refers to hardware, software and data contained in
1026+the main unit. Printers, external modems att ached by cable
1027+to the main unit, monitors, and other external attachments
1028+will be referred to collectively as peripherals and
1029+discussed individually when appropriate. When the computer
1030+and all peripherals are referred to as a package, the term
1031+"computer system" is used. Information refers to all the
1032+information on a computer system including both software
1033+applications and data;
1034+ (6) "Computer equipment", computers, terminals, data
1035+storage devices, and all other computer hardware associated
1036+with a computer system or network;
1037+ (7) "Computer hardware", all equipment which can
1038+collect, analyze, create, display, convert, store, conceal
1039+or transmit electronic, magnetic, optical or similar
1040+computer impulses or data. Hardware includes, but i s not
1041+limited to, any data processing devices, such as central
1042+processing units, memory typewriters and self -contained
1043+laptop or notebook computers; internal and peripheral
1044+storage devices, transistor -like binary devices and other
1045+memory storage devic es, such as floppy disks, removable
1046+disks, compact disks, digital video disks, magnetic tape,
1047+hard drive, optical disks and digital memory; local area
1048+ 32
1049+networks, such as two or more computers connected together
1050+to a central computer server via cable or modem; peripheral
1051+input or output devices, such as keyboards, printers,
1052+scanners, plotters, video display monitors and optical
1053+readers; and related communication devices, such as modems,
1054+cables and connections, recording equipment, RAM or ROM
1055+units, acoustic couplers, automatic dialers, speed dialers,
1056+programmable telephone dialing or signaling devices and
1057+electronic tone-generating devices; as well as any devices,
1058+mechanisms or parts that can be used to restrict access to
1059+computer hardware, such a s physical keys and locks;
1060+ (8) "Computer network", two or more interconnected
1061+computers or computer systems;
1062+ (9) "Computer program", a set of instructions,
1063+statements, or related data that directs or is intended to
1064+direct a computer to perfo rm certain functions;
1065+ (10) "Computer software", digital information which
1066+can be interpreted by a computer and any of its related
1067+components to direct the way they work. Software is stored
1068+in electronic, magnetic, optical or other digital form. The
1069+term commonly includes programs to run operating systems and
1070+applications, such as word processing, graphic, or
1071+spreadsheet programs, utilities, compilers, interpreters and
1072+communications programs;
1073+ (11) "Computer-related documentation", writt en,
1074+recorded, printed or electronically stored material which
1075+explains or illustrates how to configure or use computer
1076+hardware, software or other related items;
1077+ (12) "Computer system", a set of related, connected or
1078+unconnected, computer equipme nt, data, or software;
1079+ (13) "Confinement":
1080+ 33
1081+ (a) A person is in confinement when such person is
1082+held in a place of confinement pursuant to arrest or order
1083+of a court, and remains in confinement until:
1084+ a. A court orders the person's releas e; or
1085+ b. The person is released on bail, bond, or
1086+recognizance, personal or otherwise; or
1087+ c. A public servant having the legal power and duty to
1088+confine the person authorizes his release without guard and
1089+without condition that he return to confinement;
1090+ (b) A person is not in confinement if:
1091+ a. The person is on probation or parole, temporary or
1092+otherwise; or
1093+ b. The person is under sentence to serve a term of
1094+confinement which is not continuous, or is serving a
1095+sentence under a work-release program, and in either such
1096+case is not being held in a place of confinement or is not
1097+being held under guard by a person having the legal power
1098+and duty to transport the person to or from a place of
1099+confinement;
1100+ (14) "Consent": consent or lack of consent may be
1101+expressed or implied. Assent does not constitute consent if:
1102+ (a) It is given by a person who lacks the mental
1103+capacity to authorize the conduct charged to constitute the
1104+offense and such mental incapacity is m anifest or known to
1105+the actor; or
1106+ (b) It is given by a person who by reason of youth,
1107+mental disease or defect, intoxication, a drug -induced
1108+state, or any other reason is manifestly unable or known by
1109+the actor to be unable to make a reasonable j udgment as to
1110+the nature or harmfulness of the conduct charged to
1111+constitute the offense; or
1112+ (c) It is induced by force, duress or deception;
1113+ 34
1114+ (15) "Controlled substance", a drug, substance, or
1115+immediate precursor in schedules I through V as defined in
1116+chapter 195;
1117+ (16) "Criminal negligence", failure to be aware of a
1118+substantial and unjustifiable risk that circumstances exist
1119+or a result will follow, and such failure constitutes a
1120+gross deviation from the standard of care which a rea sonable
1121+person would exercise in the situation;
1122+ (17) "Custody", a person is in custody when he or she
1123+has been arrested but has not been delivered to a place of
1124+confinement;
1125+ (18) "Damage", when used in relation to a computer
1126+system or network, means any alteration, deletion, or
1127+destruction of any part of the computer system or network;
1128+ (19) "Dangerous felony", the felonies of arson in the
1129+first degree, assault in the first degree, attempted rape in
1130+the first degree if physical injur y results, attempted
1131+forcible rape if physical injury results, attempted sodomy
1132+in the first degree if physical injury results, attempted
1133+forcible sodomy if physical injury results, rape in the
1134+first degree, forcible rape, sodomy in the first degree,
1135+forcible sodomy, assault in the second degree if the victim
1136+of such assault is a special victim as defined in
1137+subdivision (14) of section 565.002, kidnapping in the first
1138+degree, kidnapping, murder in the second degree, assault of
1139+a law enforcement off icer in the first degree, domestic
1140+assault in the first degree, elder abuse in the first
1141+degree, robbery in the first degree, armed criminal action,
1142+conspiracy to commit an offense when the offense is a
1143+dangerous felony, vehicle hijacking when punished as a class
1144+A felony, statutory rape in the first degree when the victim
1145+is a child less than twelve years of age at the time of the
1146+commission of the act giving rise to the offense, statutory
1147+ 35
1148+sodomy in the first degree when the victim is a child less
1149+than twelve years of age at the time of the commission of
1150+the act giving rise to the offense, child molestation in the
1151+first or second degree, abuse of a child if the child dies
1152+as a result of injuries sustained from conduct chargeable
1153+under section 568.060, child kidnapping, parental kidnapping
1154+committed by detaining or concealing the whereabouts of the
1155+child for not less than one hundred twenty days under
1156+section 565.153, endangering the welfare of a child in the
1157+first degree, rioting when punish ed as a class A or B
1158+felony, bus hijacking when punished as a class A felony,
1159+planting a bomb or explosive in or near a bus or terminal,
1160+and an "intoxication -related traffic offense" or
1161+"intoxication-related boating offense" if the person is
1162+found to be a "habitual offender" or "habitual boating
1163+offender" as such terms are defined in section 577.001;
1164+ (20) "Dangerous instrument", any instrument, article
1165+or substance, which, under the circumstances in which it is
1166+used, is readily capable of caus ing death or other serious
1167+physical injury;
1168+ (21) "Data", a representation of information, facts,
1169+knowledge, concepts, or instructions prepared in a
1170+formalized or other manner and intended for use in a
1171+computer or computer network. Data may be in any form
1172+including, but not limited to, printouts, microfiche,
1173+magnetic storage media, punched cards and as may be stored
1174+in the memory of a computer;
1175+ (22) "Deadly weapon", any firearm, loaded or unloaded,
1176+or any weapon from which a shot, readil y capable of
1177+producing death or serious physical injury, may be
1178+discharged, or a switchblade knife, dagger, billy club,
1179+blackjack or metal knuckles;
1180+ 36
1181+ (23) "Digital camera", a camera that records images in
1182+a format which enables the images to be do wnloaded into a
1183+computer;
1184+ (24) "Disability", a mental, physical, or
1185+developmental impairment that substantially limits one or
1186+more major life activities or the ability to provide
1187+adequately for one's care or protection, whether the
1188+impairment is congenital or acquired by accident, injury or
1189+disease, where such impairment is verified by medical
1190+findings;
1191+ (25) "Elderly person", a person sixty years of age or
1192+older;
1193+ (26) "Felony", an offense so designated or an offense
1194+for which persons found guilty thereof may be sentenced to
1195+death or imprisonment for a term of more than one year;
1196+ (27) "Forcible compulsion" either:
1197+ (a) Physical force that overcomes reasonable
1198+resistance; or
1199+ (b) A threat, express or implied, that p laces a person
1200+in reasonable fear of death, serious physical injury or
1201+kidnapping of such person or another person;
1202+ (28) "Incapacitated", a temporary or permanent
1203+physical or mental condition in which a person is
1204+unconscious, unable to appraise t he nature of his or her
1205+conduct, or unable to communicate unwillingness to an act;
1206+ (29) "Infraction", a violation defined by this code or
1207+by any other statute of this state if it is so designated or
1208+if no sentence other than a fine, or fine and fo rfeiture or
1209+other civil penalty, is authorized upon conviction;
1210+ (30) "Inhabitable structure", a vehicle, vessel or
1211+structure:
1212+ (a) Where any person lives or carries on business or
1213+other calling; or
1214+ 37
1215+ (b) Where people assemble for purposes of business,
1216+government, education, religion, entertainment, or public
1217+transportation; or
1218+ (c) Which is used for overnight accommodation of
1219+persons.
1220+Any such vehicle, vessel, or structure is inhabitable
1221+regardless of whether a person is actually present. If a
1222+building or structure is divided into separately occupied
1223+units, any unit not occupied by the actor is an inhabitable
1224+structure of another;
1225+ (31) "Knowingly", when used with respect to:
1226+ (a) Conduct or attendant circumstances, m eans a person
1227+is aware of the nature of his or her conduct or that those
1228+circumstances exist; or
1229+ (b) A result of conduct, means a person is aware that
1230+his or her conduct is practically certain to cause that
1231+result;
1232+ (32) "Law enforcement off icer", any public servant
1233+having both the power and duty to make arrests for
1234+violations of the laws of this state, and federal law
1235+enforcement officers authorized to carry firearms and to
1236+make arrests for violations of the laws of the United States;
1237+ (33) "Misdemeanor", an offense so designated or an
1238+offense for which persons found guilty thereof may be
1239+sentenced to imprisonment for a term of which the maximum is
1240+one year or less;
1241+ (34) "Of another", property that any entity, including
1242+but not limited to any natural person, corporation, limited
1243+liability company, partnership, association, governmental
1244+subdivision or instrumentality, other than the actor, has a
1245+possessory or proprietary interest therein, except that
1246+property shall not be deemed property of another who has
1247+only a security interest therein, even if legal title is in
1248+ 38
1249+the creditor pursuant to a conditional sales contract or
1250+other security arrangement;
1251+ (35) "Offense", any felony or misdemeanor;
1252+ (36) "Physical injury", slight impairment of any
1253+function of the body or temporary loss of use of any part of
1254+the body;
1255+ (37) "Place of confinement", any building or facility
1256+and the grounds thereof wherein a court is legally
1257+authorized to order that a person char ged with or convicted
1258+of a crime be held;
1259+ (38) "Possess" or "possessed", having actual or
1260+constructive possession of an object with knowledge of its
1261+presence. A person has actual possession if such person has
1262+the object on his or her person or w ithin easy reach and
1263+convenient control. A person has constructive possession if
1264+such person has the power and the intention at a given time
1265+to exercise dominion or control over the object either
1266+directly or through another person or persons. Possession
1267+may also be sole or joint. If one person alone has
1268+possession of an object, possession is sole. If two or more
1269+persons share possession of an object, possession is joint;
1270+ (39) "Property", anything of value, whether real or
1271+personal, tangible or intangible, in possession or in action;
1272+ (40) "Public servant", any person employed in any way
1273+by a government of this state who is compensated by the
1274+government by reason of such person's employment, any person
1275+appointed to a position with an y government of this state,
1276+or any person elected to a position with any government of
1277+this state. It includes, but is not limited to,
1278+legislators, jurors, members of the judiciary and law
1279+enforcement officers. It does not include witnesses;
1280+ (41) "Purposely", when used with respect to a person's
1281+conduct or to a result thereof, means when it is his or her
1282+ 39
1283+conscious object to engage in that conduct or to cause that
1284+result;
1285+ (42) "Recklessly", consciously disregarding a
1286+substantial and unjustifiable risk that circumstances exist
1287+or that a result will follow, and such disregard constitutes
1288+a gross deviation from the standard of care which a
1289+reasonable person would exercise in the situation;
1290+ (43) "Serious emotional injury", an injury that
1291+creates a substantial risk of temporary or permanent medical
1292+or psychological damage, manifested by impairment of a
1293+behavioral, cognitive or physical condition. Serious
1294+emotional injury shall be established by testimony of
1295+qualified experts upo n the reasonable expectation of
1296+probable harm to a reasonable degree of medical or
1297+psychological certainty;
1298+ (44) "Serious physical injury", physical injury that
1299+creates a substantial risk of death or that causes serious
1300+disfigurement or protracte d loss or impairment of the
1301+function of any part of the body;
1302+ (45) "Services", when used in relation to a computer
1303+system or network, means use of a computer, computer system,
1304+or computer network and includes, but is not limited to,
1305+computer time, data processing, and storage or retrieval
1306+functions;
1307+ (46) "Sexual orientation", male or female
1308+heterosexuality, homosexuality or bisexuality by
1309+inclination, practice, identity or expression, or having a
1310+self-image or identity not traditionally associated with
1311+one's gender;
1312+ (47) "Vehicle", a self-propelled mechanical device
1313+designed to carry a person or persons, excluding vessels or
1314+aircraft;
1315+ 40
1316+ (48) "Vessel", any boat or craft propelled by a motor
1317+or by machinery, whether or not suc h motor or machinery is a
1318+principal source of propulsion used or capable of being used
1319+as a means of transportation on water, or any boat or craft
1320+more than twelve feet in length which is powered by sail
1321+alone or by a combination of sail and machinery, and used or
1322+capable of being used as a means of transportation on water,
1323+but not any boat or craft having, as the only means of
1324+propulsion, a paddle or oars;
1325+ (49) "Voluntary act":
1326+ (a) A bodily movement performed while conscious as a
1327+result of effort or determination. Possession is a
1328+voluntary act if the possessor knowingly procures or
1329+receives the thing possessed, or having acquired control of
1330+it was aware of his or her control for a sufficient time to
1331+have enabled him or her to dispos e of it or terminate his or
1332+her control; or
1333+ (b) An omission to perform an act of which the actor
1334+is physically capable. A person is not guilty of an offense
1335+based solely upon an omission to perform an act unless the
1336+law defining the offense expr essly so provides, or a duty to
1337+perform the omitted act is otherwise imposed by law;
1338+ (50) "Vulnerable person", any person in the custody,
1339+care, or control of the department of mental health who is
1340+receiving services from an operated, funded, licen sed, or
1341+certified program.
1342+ 568.045. 1. A person commits the offense of
1343+endangering the welfare of a child in the first degree if he
1344+or she:
1345+ (1) Knowingly acts in a manner that creates a
1346+substantial risk to the life, body, or hea lth of a child
1347+less than seventeen years of age; or
1348+ 41
1349+ (2) Knowingly engages in sexual conduct with a person
1350+under the age of seventeen years over whom the person is a
1351+parent, guardian, or otherwise charged with the care and
1352+custody;
1353+ (3) Knowingly encourages, aids or causes a child less
1354+than seventeen years of age to engage in any conduct which
1355+violates the provisions of chapter 571 or 579;
1356+ (4) In the presence of a child less than seventeen
1357+years of age or in a residence where a child less than
1358+seventeen years of age resides, unlawfully manufactures or
1359+attempts to manufacture compounds, possesses, produces,
1360+prepares, sells, transports, tests or analyzes any of the
1361+following: fentanyl, carfentanil, amphetamine [or],
1362+methamphetamine, or any of its analogues.
1363+ 2. The offense of endangering the welfare of a child
1364+in the first degree is a class D felony unless the offense:
1365+ (1) Is committed as part of an act or series of acts
1366+performed by two or more persons as part of an est ablished
1367+or prescribed pattern of activity, or where physical injury
1368+to the child results, or the offense is a second or
1369+subsequent offense under this section, in which case the
1370+offense is a class C felony;
1371+ (2) Involves fentanyl or carfentanil or any of their
1372+analogues, in which case:
1373+ (a) The offense is a felony which shall be punished by
1374+a term of imprisonment of not less than five years and not
1375+more than ten years;
1376+ (b) No court shall suspend the imposition or execution
1377+of sentence of a person who pleads guilty to or is found
1378+guilty of an offense under this subdivision;
1379+ (c) No court shall sentence such person to pay a fine
1380+in lieu of a term of imprisonment; and
1381+ 42
1382+ (d) A person sentenced under this subdivision shall
1383+not be eligible for conditional release or parole until he
1384+or she has served at least five years of imprisonment;
1385+ (3) Results in serious physical injury to the child,
1386+in which case the offense is a class B felony; or
1387+ [(3)] (4) Results in the death of a child, in which
1388+case the offense is a class A felony.
1389+ 570.037. 1. A person commits the offense of organized
1390+retail stealing if he or she:
1391+ (1) Conspires with another person to steal retail
1392+property from one or more merchant s with the intent to sell,
1393+transfer, or possess the retail property for monetary or
1394+other gain;
1395+ (2) Receives or possesses any retail property that has
1396+been stolen in violation of subdivision (1) of this
1397+subsection and knows or reasonably should k now that the
1398+retail property is stolen from a merchant in violation of
1399+subdivision (1) of this subsection; or
1400+ (3) Conspires with one or more other persons as an
1401+organizer, supervisor, financier, leader, or manager to
1402+engage for profit in a scheme or course of conduct to
1403+effectuate or intended to effectuate the transfer or sale of
1404+retail property stolen from a merchant in violation of this
1405+subsection.
1406+ 2. The offense of organized retail stealing shall be:
1407+ (1) A class D felony if the r etail property has a
1408+value exceeding seven hundred fifty dollars aggregated over
1409+a ninety-day period;
1410+ (2) A class C felony if the retail property has a
1411+value exceeding twenty -five thousand dollars aggregated over
1412+a ninety-day period; or
1413+ 43
1414+ (3) A class B felony if the retail property has a
1415+value exceeding one hundred thousand dollars aggregated over
1416+a ninety-day period.
1417+ 3. The stealing of retail property occurring in more
1418+than one county may be aggregated into an alleged violation
1419+of this section.
1420+ 4. Venue shall be in any county where a part of the
1421+offense occurs.
1422+ 5. If any prosecuting attorney or circuit attorney
1423+makes a request in writing to the attorney general, the
1424+attorney general shall have the authority to commence and
1425+prosecute the offense of organized retail stealing, and any
1426+other offenses that directly arise from or causally occur as
1427+a result of an alleged violation of the offense of organized
1428+retail stealing, in each or any county or a city not within
1429+a county in which the offense occurred with the same power
1430+and authority granted to prosecuting attorneys in section
1431+56.060 and circuit attorneys in section 56.450, except that
1432+all costs and fees of such prosecution by the attorney
1433+general shall be paid by the state and not by any county or
1434+local government.
1435+ 6. If a violation of this section is subject to
1436+enhanced punishment based on prior findings of guilt, such
1437+findings of guilt shall be pleaded and proven in the same
1438+manner as required by secti on 558.021.
1439+ 7. No provision of this section shall grant any
1440+additional power to the attorney general beyond the
1441+commencement and prosecution of the offenses authorized by
1442+this section.
1443+ 8. For purposes of this section, the term "retail
1444+property" means any property or goods sold by a merchant,
1445+regardless of whether such goods are new or used.
1446+ 44
1447+ 574.045. 1. A person commits the offense of unlawful
1448+traffic interference if, with the intention to impede
1449+vehicular traffic, the pe rson walks, stands, sits, kneels,
1450+lies, or places an object in such a manner as to block
1451+passage by a vehicle on any public street, highway, or
1452+interstate highway. This section shall not apply to the
1453+blocking of passage by any person who has permissio n to do
1454+so from a government authority, who is a law enforcement
1455+officer, or who does so to direct traffic away from
1456+hazardous road conditions, an obstacle, or a scene of an
1457+accident.
1458+ 2. The offense of unlawful traffic interference is an
1459+infraction, unless it is a second offense, in which case it
1460+is a class A misdemeanor. Any third or subsequent offense
1461+of unlawful traffic interference is a class E felony.
1462+ 574.050. 1. A person commits the offense of rioting
1463+if he or she knowingly assembles with six or more other
1464+persons [and agrees with such persons to violate any of the
1465+criminal laws of this state or of the United States with
1466+force or violence], and thereafter, while still so
1467+assembled, [does violate any of said laws wit h force or
1468+violence] violates any of the criminal laws of this state or
1469+of the United States .
1470+ 2. The offense of rioting is a class [A misdemeanor] D
1471+felony. A second or subsequent conviction under this
1472+section shall be a class C felony.
1473+ 3. The offense of rioting is a class B felony if in
1474+the course of rioting, bodily injury or property damage in
1475+excess of five thousand dollars occurs.
1476+ 4. The offense of rioting is a class A felony if in
1477+the course of rioting, bodily injury occurs to a law
1478+enforcement officer, fire fighter, paramedic, or other
1479+public safety official or officer .
1480+ 45
1481+ 575.133. 1. A person commits the offense of filing a
1482+nonconsensual common law lien if he or she files a document
1483+that purports to assert a lien against the assets, real or
1484+personal, of any person and that, regardless of any self -
1485+description:
1486+ (1) Is not expressly provided for by a specific state
1487+or federal statute;
1488+ (2) Does not depend upon the consent of the owner of
1489+the property affected or the existence of a contract for its
1490+existence; and
1491+ (3) Is not an equitable or constructive lien imposed
1492+by a state or federal court of competent jurisdiction.
1493+ 2. This section shall not apply to a filing officer as
1494+defined in section 428.105 that is acting in the scope of
1495+his or her employment.
1496+ 3. The offense of filing a nonconsensual common law
1497+lien is a class B misdemeanor , unless it is a second
1498+offense, in which case it is a class A misdemeanor. Any
1499+third or subsequent offense of filing a nonconsensual common
1500+law lien is a class E felony. Any person convicted of a
1501+third or subsequent offense of filing a nonconsensual common
1502+law lien shall be considered a persistent offender, as such
1503+term is defined in section 558.016.
1504+ 575.150. 1. A person commits the offense of resisting
1505+or interfering with arrest, detention, or stop if he or she
1506+knows or reasonably should know that a law enforcement
1507+officer is making an arrest or attempting to lawfully de tain
1508+or stop an individual or vehicle, and for the purpose of
1509+preventing the officer from effecting the arrest, stop or
1510+detention, he or she:
1511+ (1) Resists the arrest, stop or detention of such
1512+person by using or threatening the use of violence or
1513+physical force or by fleeing from such officer; or
1514+ 46
1515+ (2) Interferes with the arrest, stop or detention of
1516+another person by using or threatening the use of violence,
1517+physical force or physical interference.
1518+ 2. This section applies to:
1519+ (1) Arrests, stops, or detentions, with or without
1520+warrants;
1521+ (2) Arrests, stops, or detentions, for any offense,
1522+infraction, or ordinance violation; and
1523+ (3) Arrests for warrants issued by a court or a
1524+probation and parole officer.
1525+ 3. A person is presumed to be fleeing a vehicle stop
1526+if he or she continues to operate a motor vehicle after he
1527+or she has seen or should have seen clearly visible
1528+emergency lights or has heard or should have heard an
1529+audible signal emanating from the law en forcement vehicle
1530+pursuing him or her.
1531+ 4. It is no defense to a prosecution pursuant to
1532+subsection 1 of this section that the law enforcement
1533+officer was acting unlawfully in making the arrest.
1534+However, nothing in this section shall be construed to bar
1535+civil suits for unlawful arrest.
1536+ 5. The offense of resisting or interfering with an
1537+arrest is a class E felony for an arrest for a:
1538+ (1) Felony;
1539+ (2) Warrant issued for failure to appear on a felony
1540+case; or
1541+ (3) Warrant issued for a probation violation on a
1542+felony case.
1543+The offense of resisting an arrest, detention or stop in
1544+violation of subdivision (1) or (2) of subsection 1 of this
1545+section is a class A misdemeanor, unless the person fleeing
1546+creates a substantial ris k of serious physical injury or
1547+death to any person, in which case it is a class E felony.
1548+ 47
1549+ 6. In the case of an offense under this section that
1550+is subject to punishment as a class E felony, any vehicle
1551+used in violation of this section shall be im pounded and
1552+forfeited pursuant to section 82.1000 and sections 513.600
1553+to 513.645.
1554+ 576.030. 1. A person commits the offense of
1555+obstructing government operations if he or she purposely
1556+obstructs, impairs, hinders or perverts the perfor mance of a
1557+governmental function by the use or threat of violence,
1558+force, or other physical interference or obstacle.
1559+ 2. The offense of obstructing government operations is
1560+a class [B] A misdemeanor if the person threatens violence,
1561+force, or other physical interference or obstacle. The
1562+offense of obstructing government operations is a class E
1563+felony if the person uses violence, force, or other physical
1564+interference or obstacle .
1565+ 577.150. 1. A person commits the offense of tam pering
1566+with a water supply if he or she purposely:
1567+ (1) Poisons, defiles, or in any way corrupts the water
1568+of a well, spring, brook , or reservoir used for domestic or
1569+municipal purposes; or
1570+ (2) Diverts, dams up, and holds back from its natura l
1571+course and flow any spring, brook , or other water supply for
1572+domestic or municipal purposes, after said water supply
1573+shall have once been taken for use by any person or persons,
1574+corporation, town, or city for their use.
1575+ 2. The offense of tamper ing with a water supply is a
1576+class E felony when the offense is a violation of
1577+subdivision (1) of subsection 1 of this section and is a
1578+class A misdemeanor when the offense is a violation of
1579+subdivision (2) of subsection 1 of this section .
1580+ 48
1581+ 590.208. 1. There is hereby established the
1582+"Committee on School Safety" within the department of public
1583+safety.
1584+ 2. The committee shall consist of the following
1585+members:
1586+ (1) Up to three representatives of the department of
1587+public safety;
1588+ (2) A representative of the Missouri Sheriff's
1589+Association;
1590+ (3) A representative of the Missouri Municipal League;
1591+ (4) A representative of the department of elementary
1592+and secondary education; and
1593+ (5) A representative of the M issouri School Boards'
1594+Association's Center for Education Safety.
1595+ 3. One member who represents the department of public
1596+safety shall serve as chair of the committee.
1597+ 4. Members of the committee shall serve without
1598+compensation but may be rei mbursed for actual expenses
1599+necessary to the performance of their official duties for
1600+the committee.
1601+ 5. The committee shall meet at least four times per
1602+year, and at least once per calendar quarter, to evaluate
1603+and establish guidelines for school safety concerns,
1604+including plans to prevent school firearm violence.
1605+ 6. Except as provided in section 610.021, all meetings
1606+of the committee shall be open to the public.
1607+ 7. The committee shall submit a report in writing to
1608+the governor, president pro tempore of the senate, and
1609+speaker of the house of representatives after each meeting
1610+of the committee.
1611+ 590.1500. Any officer of a law enforcement agency
1612+shall have the power to stop any person whenever there is
1613+reasonable ground to suspect that he or she is committing,
1614+ 49
1615+has committed, or is about to commit a crime, and demand the
1616+person provide his or her name, address, business or
1617+activity, and where he or she is going.
1618+ [84.175. 1. Upon recommendation of the
1619+chief of police, the board may authorize and
1620+provide for the organization of a police reserve
1621+force composed of members who receive a service
1622+retirement under the provisions of sections
1623+86.200 to 86.366 and who qualify under the
1624+provisions of section 84.120. Such reserve
1625+force shall be under the command of the chief of
1626+police and shall be provided training,
1627+equipment, uniforms, and arms as the chief shall
1628+direct with the approval of the board. Members
1629+of the reserve force shall possess all of the
1630+powers of regular police officers and shall be
1631+subject to all laws and regulations applicable
1632+to police officers; provided, however, that the
1633+city council or other governing body of any such
1634+city may in its discretion fix a total in number
1635+which the reserve force may not exceed.
1636+ 2. In event of riot or other emergencies
1637+as declared and defined by the mayor, in
1638+concurrence with the board, the board, upon
1639+recommendation of the chief, may appoint special
1640+officers or patrolmen for tempora ry service in
1641+addition to the police reserve force herein
1642+provided for, but the length of time for which
1643+such officers or patrolmen shall be employed
1644+shall be limited to the time during which such
1645+emergency shall exist. ]
1646+ [84.240. The board of police commissioners
1647+shall establish the Bertillon system of
1648+identification of criminals and others by means
1649+of anthropometric indications, and they are
1650+further required to employ such additional
1651+assistance as may be necessary to properly
1652+conduct and manage this department. ]
1653+ [84.341. No elected or appointed official
1654+of the state or any political subdivision
1655+thereof shall act or refrain from acting in any
1656+manner to impede, obstruct, hinder, or otherwise
1657+interfere with any member of a municipal police
1658+force established under sections 84.343 to
1659+ 50
1660+84.346 in the performance of his or her job
1661+duties, or with any aspect of any investigation
1662+arising from the performance of such job
1663+duties. This section shall not be construed t o
1664+prevent such officials from acting within the
1665+normal course and scope of their employment or
1666+from acting to implement sections 84.343 to
1667+84.346. Any person who violates this section
1668+shall be liable for a penalty of two thousand
1669+five hundred dollars for each offense and shall
1670+forever be disqualified from holding any office
1671+or employment whatsoever with the governmental
1672+entity the person served at the time of the
1673+violation. The penalty shall not be paid by the
1674+funds of any committee as the term committee is
1675+defined in section 130.011. This section shall
1676+not be construed to interfere with the
1677+punishment, under any laws of this state, of a
1678+criminal offense committed by such officials,
1679+nor shall this section apply to duly appointed
1680+members of the municipal police force, or their
1681+appointing authorities, whose conduct is
1682+otherwise provided for by law. ]
1683+ [84.342. 1. It shall be an unlawful
1684+employment practice for an official, employee,
1685+or agent of a municipal police force es tablished
1686+under sections 84.343 to 84.346 to discharge,
1687+demote, reduce the pay of, or otherwise
1688+retaliate against an employee of the municipal
1689+police force for reporting to any superior,
1690+government agency, or the press the conduct of
1691+another employee that the reporting employee
1692+believes, in good faith, is illegal.
1693+ 2. Any employee of the municipal police
1694+force may bring a cause of action for general or
1695+special damages based on a violation of this
1696+section.]
1697+ [84.343. 1. Subject to the provisions of
1698+sections 84.344 to 84.346, any city not within a
1699+county may establish a municipal police force
1700+for the purposes of:
1701+ (1) Preserving the public peace, welfare,
1702+and order;
1703+ (2) Preventing crime and arresting
1704+suspected offenders;
1705+ 51
1706+ (3) Enforcing the laws of the state and
1707+ordinances of the city;
1708+ (4) Exercising all powers available to a
1709+police force under generally applicable state
1710+law; and
1711+ (5) Regulating and licensing all private
1712+watchmen, private detect ives, and private
1713+policemen serving or acting as such in said city.
1714+ 2. Any person who acts as a private
1715+watchman, private detective, or private
1716+policeman in said cities without having obtained
1717+a written license from said cities is guilty of
1718+a class A misdemeanor.]
1719+ [84.344. 1. Notwithstanding any
1720+provisions of this chapter to the contrary, any
1721+city not within a county may establish a
1722+municipal police force on or after July 1, 2013,
1723+according to the procedures and requirements of
1724+this section. The purpose of these procedures
1725+and requirements is to provide for an orderly
1726+and appropriate transition in the governance of
1727+the police force and provide for an equitable
1728+employment transition for commissioned and
1729+civilian personnel.
1730+ 2. Upon the establishment of a municipal
1731+police force by a city under sections 84.343 to
1732+84.346, the board of police commissioners shall
1733+convey, assign, and otherwise transfer to the
1734+city title and ownership of all indebtedness and
1735+assets, including, but not limited to, all funds
1736+and real and personal property held in the name
1737+of or controlled by the board of police
1738+commissioners created under sections 84.010 to
1739+84.340. The board of police commissioners shall
1740+execute all documents reaso nably required to
1741+accomplish such transfer of ownership and
1742+obligations.
1743+ 3. If the city establishes a municipal
1744+police force and completes the transfer
1745+described in subsection 2 of this section, the
1746+city shall provide the necessary funds for the
1747+maintenance of the municipal police force.
1748+ 4. Before a city not within a county may
1749+establish a municipal police force under this
1750+section, the city shall adopt an ordinance
1751+ 52
1752+accepting responsibility, ownership, and
1753+liability as successor -in-interest for
1754+contractual obligations, indebtedness, and other
1755+lawful obligations of the board of police
1756+commissioners subject to the provisions of
1757+subsection 2 of section 84.345.
1758+ 5. A city not within a county that
1759+establishes a municipal police forc e shall
1760+initially employ, without a reduction in rank,
1761+salary, or benefits, all commissioned and
1762+civilian personnel of the board of police
1763+commissioners created under sections 84.010 to
1764+84.340 that were employed by the board
1765+immediately prior to the date the municipal
1766+police force was established. Such commissioned
1767+personnel who previously were employed by the
1768+board may only be involuntarily terminated by
1769+the city not within a county for cause. The
1770+city shall also recognize all accrued years of
1771+service that such commissioned and civilian
1772+personnel had with the board of police
1773+commissioners. Such personnel shall be entitled
1774+to the same holidays, vacation, and sick leave
1775+they were entitled to as employees of the board
1776+of police commissioner s.
1777+ 6. Commissioned and civilian personnel of
1778+a municipal police force established under this
1779+section shall not be subject to a residency
1780+requirement of retaining a primary residence in
1781+a city not within a county but may be required
1782+to maintain a primary residence located within a
1783+one-hour response time.
1784+ 7. The commissioned and civilian personnel
1785+who retire from service with the board of police
1786+commissioners before the establishment of a
1787+municipal police force under subsection 1 of
1788+this section shall continue to be entitled to
1789+the same pension benefits provided under chapter
1790+86 and the same benefits set forth in subsection
1791+5 of this section.
1792+ 8. If the city not within a county elects
1793+to establish a municipal police force under t his
1794+section, the city shall establish a separate
1795+division for the operation of its municipal
1796+police force. The civil service commission of
1797+the city may adopt rules and regulations
1798+ 53
1799+appropriate for the unique operation of a police
1800+department. Such rules and regulations shall
1801+reserve exclusive authority over the
1802+disciplinary process and procedures affecting
1803+commissioned officers to the civil service
1804+commission; however, until such time as the city
1805+adopts such rules and regulations, the
1806+commissioned personnel shall continue to be
1807+governed by the board of police commissioner's
1808+rules and regulations in effect immediately
1809+prior to the establishment of the municipal
1810+police force, with the police chief acting in
1811+place of the board of police commiss ioners for
1812+purposes of applying the rules and regulations.
1813+Unless otherwise provided for, existing civil
1814+service commission rules and regulations
1815+governing the appeal of disciplinary decisions
1816+to the civil service commission shall apply to
1817+all commissioned and civilian personnel. The
1818+civil service commission's rules and regulations
1819+shall provide that records prepared for
1820+disciplinary purposes shall be confidential,
1821+closed records available solely to the civil
1822+service commission and those who po ssess
1823+authority to conduct investigations regarding
1824+disciplinary matters pursuant to the civil
1825+service commission's rules and regulations. A
1826+hearing officer shall be appointed by the civil
1827+service commission to hear any such appeals that
1828+involve discipline resulting in a suspension of
1829+greater than fifteen days, demotion, or
1830+termination, but the civil service commission
1831+shall make the final findings of fact,
1832+conclusions of law, and decision which shall be
1833+subject to any right of appeal under chap ter 536.
1834+ 9. A city not within a county that
1835+establishes and maintains a municipal police
1836+force under this section:
1837+ (1) Shall provide or contract for life
1838+insurance coverage and for insurance benefits
1839+providing health, medical, and disabilit y
1840+coverage for commissioned and civilian personnel
1841+of the municipal police force to the same extent
1842+as was provided by the board of police
1843+commissioners under section 84.160;
1844+ 54
1845+ (2) Shall provide or contract for medical
1846+and life insurance coverage for any commissioned
1847+or civilian personnel who retired from service
1848+with the board of police commissioners or who
1849+were employed by the board of police
1850+commissioners and retire from the municipal
1851+police force of a city not within a county to
1852+the same extent such medical and life insurance
1853+coverage was provided by the board of police
1854+commissioners under section 84.160;
1855+ (3) Shall make available medical and life
1856+insurance coverage for purchase to the spouses
1857+or dependents of commissioned and civ ilian
1858+personnel who retire from service with the board
1859+of police commissioners or the municipal police
1860+force and deceased commissioned and civilian
1861+personnel who receive pension benefits under
1862+sections 86.200 to 86.366 at the rate that such
1863+dependent's or spouse's coverage would cost
1864+under the appropriate plan if the deceased were
1865+living; and
1866+ (4) May pay an additional shift
1867+differential compensation to commissioned and
1868+civilian personnel for evening and night tours
1869+of duty in an amount not to exceed ten percent
1870+of the officer's base hourly rate.
1871+ 10. A city not within a county that
1872+establishes a municipal police force under
1873+sections 84.343 to 84.346 shall establish a
1874+transition committee of five members for the
1875+purpose of: coordinating and implementing the
1876+transition of authority, operations, assets, and
1877+obligations from the board of police
1878+commissioners to the city; winding down the
1879+affairs of the board; making nonbinding
1880+recommendations for the transition of the police
1881+force from the board to the city; and other
1882+related duties, if any, established by executive
1883+order of the city's mayor. Once the ordinance
1884+referenced in this section is enacted, the city
1885+shall provide written notice to the board of
1886+police commissioners a nd the governor of the
1887+state of Missouri. Within thirty days of such
1888+notice, the mayor shall appoint three members to
1889+the committee, two of whom shall be members of a
1890+statewide law enforcement association that
1891+ 55
1892+represents at least five thousand law
1893+enforcement officers. The remaining members of
1894+the committee shall include the police chief of
1895+the municipal police force and a person who
1896+currently or previously served as a commissioner
1897+on the board of police commissioners, who shall
1898+be appointed to the committee by the mayor of
1899+such city.]
1900+ [84.345. 1. Except as required for the
1901+board of police commissioners to conclude its
1902+affairs and pursue legal claims and defenses,
1903+upon the establishment of a municipal police
1904+force, the terms of office of the commissioners
1905+of the board of police created under sections
1906+84.020 and 84.030 shall expire, and the
1907+provisions of sections 84.010 to 84.340 shall
1908+not apply to any city not within a county or its
1909+municipal police force as of such da te. The
1910+board shall continue to operate, if necessary,
1911+to wind down the board's affairs until the
1912+transfer of ownership and obligations under
1913+subsection 2 of section 84.344 has been
1914+completed. During such time, the board of
1915+police commissioners sha ll designate and
1916+authorize its secretary to act on behalf of the
1917+board for purposes of performing the board's
1918+duties and any other actions incident to the
1919+transfer and winding down of the board's affairs.
1920+ 2. For any claim, lawsuit, or other actio n
1921+arising out of actions occurring before the date
1922+of completion of the transfer provided under
1923+subsection 2 of section 84.344, the state shall
1924+continue to provide legal representation as set
1925+forth in section 105.726, and the state legal
1926+expense fund shall continue to provide
1927+reimbursement for such claims under section
1928+105.726. This subsection applies to all claims,
1929+lawsuits, and other actions brought against any
1930+commissioner, police officer, employee, agent,
1931+representative, or any individual or entity
1932+acting or purporting to act on its or their
1933+behalf.
1934+ 3. Notwithstanding any other provision of
1935+law, rule, or regulation to the contrary, any
1936+city not within a county that establishes a
1937+ 56
1938+municipal police force under sections 84.343 to
1939+84.346 shall not be restricted or limited in any
1940+way in the selection of a police chief or chief
1941+of the division created under subsection 8 of
1942+section 84.344.
1943+ 4. It shall be the duty of the sheriff for
1944+any city not within a county, whenever called
1945+upon by the police chief of the municipal police
1946+force, to act under the police chief's control
1947+for the preservation of the public peace and
1948+quiet; and, whenever the exigency or
1949+circumstances may, in the police chief's
1950+judgment, warrant it, said police chief shall
1951+have the power to assume the control and command
1952+of all local and municipal conservators of the
1953+peace of the city, whether sheriff, constable,
1954+policemen or others, and they shall act under
1955+the orders of the said police chief and not
1956+otherwise.]
1957+ [84.346. Any police pension system created
1958+under chapter 86 for the benefit of a police
1959+force established under sections 84.010 to
1960+84.340 shall continue to be governed by chapter
1961+86, and shall apply to any police force
1962+established under section 84.343 to 84.346.
1963+Other than any provision that makes chapter 86
1964+applicable to a municipal police force
1965+established under section 84.343 to 84.346,
1966+nothing in sections 84.343 to 84.346 shall be
1967+construed as limiting or changing the rights or
1968+benefits provided under chapter 86. ]
1969+ [84.347. Notwithstanding the provisions of
1970+section 1.140 to the contrary, the provisions of
1971+sections 84.343 to 84.346 shall be
1972+nonseverable. If any provision of sections
1973+84.343 to 84.346 is for any reason held to be
1974+invalid, such decision shall invalidate all of
1975+the remaining provisions of this act. ]