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| 2 | 2 | | FIRST REGULAR SESSION |
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| 3 | 3 | | SENATE BILL NO. 92 |
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| 4 | 4 | | 103RD GENERAL ASSEMBLY |
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| 5 | 5 | | INTRODUCED BY SENATOR NURRENBERN. |
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| 6 | 6 | | 1194S.01I KRISTINA MARTIN, Secretary |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | To amend chapter 44, RSMo, by adding thereto one new section relating to law enforcement |
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| 9 | 9 | | assistance from other jurisdictions. |
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| 10 | 10 | | |
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| 11 | 11 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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| 12 | 12 | | Section A. Chapter 44, RSMo, is ame nded by adding thereto 1 |
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| 13 | 13 | | one new section, to be known as section 44.087, to read as 2 |
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| 14 | 14 | | follows:3 |
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| 15 | 15 | | 44.087. 1. The chief law enforcement executive for 1 |
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| 16 | 16 | | any law enforcement agency, or such executive's designee, 2 |
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| 17 | 17 | | may request assistance from a law enforcement agency of 3 |
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| 18 | 18 | | another jurisdiction, including a jurisdiction outside the 4 |
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| 19 | 19 | | state of Missouri but within the United States. 5 |
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| 20 | 20 | | 2. If a law enforcement officer makes an arrest or 6 |
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| 21 | 21 | | apprehension outside such officer's jurisdiction, the 7 |
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| 22 | 22 | | offender shall be delive red to the first available law 8 |
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| 23 | 23 | | enforcement officer who is commissioned in the jurisdiction 9 |
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| 24 | 24 | | in which the arrest was made. The officer making the 10 |
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| 25 | 25 | | initial arrest or apprehension shall assist in the 11 |
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| 26 | 26 | | preparation of any affidavits filed with the complaint o r 12 |
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| 27 | 27 | | based on other evidence that there is probable cause to 13 |
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| 28 | 28 | | believe that both a crime has been committed and the 14 |
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| 29 | 29 | | defendant has committed such crime. 15 |
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| 30 | 30 | | 3. For the purpose of liability, workers' 16 |
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| 31 | 31 | | compensation, and any other employment -related matter, law 17 |
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| 32 | 32 | | enforcement officers remain employees of their respective 18 SB 92 2 |
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| 33 | 33 | | law enforcement agency throughout any request for 19 |
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| 34 | 34 | | assistance. Qualified immunity, sovereign immunity, 20 |
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| 35 | 35 | | official immunity, and the public duty rule shall apply to 21 |
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| 36 | 36 | | the provisions of this sectio n as interpreted by the federal 22 |
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| 37 | 37 | | and state courts of the responding agency. 23 |
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| 38 | 38 | | 4. Nothing in this section shall be construed to limit 24 |
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| 39 | 39 | | the actions of law enforcement officers or agencies 25 |
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| 40 | 40 | | conducted in accordance with section 44.095 or 44.098, or 26 |
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| 41 | 41 | | any other mutual aid agreement made under this chapter. 27 |
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| 42 | 42 | | 5. The provisions of chapter 544 are applicable to any 28 |
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| 43 | 43 | | law enforcement officers from jurisdictions located outside 29 |
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| 44 | 44 | | the state of Missouri, but within the United States, who are 30 |
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| 45 | 45 | | acting pursuant to a request made under this section. 31 |
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| 46 | 46 | | |
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