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SECOND REGULAR SESSION
HOUSE BILL NO. 2134
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE TITUS.
5338H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapters 217 and 221, RSMo, by adding thereto two new sections relating to the
W arrant Service Of ficer Program.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapters 217 and 221, RSMo, are amended by adding thereto two new
2 sections, to be known as sections 217.1400 and 221.550, to read as follows:
217.1400. 1. For purposes of this section, "W arrant Service Officer Pr ogram"
2 means the pr ogram of United States Immigration and Customs Enforce ment
3 authorizing state and local law enfor cement officers to serve and execute
4 administrative warrants under the Immigration and Nationality Act, 8 U.S.C. Section
5 1357(g).
6 2. The department of correct ions shall:
7 (1) Apply to participate in the W arrant Service Officer Pr ogram;
8 (2) Upon a successful application, enter into an agr eement with United States
9 Immigration and Customs Enfor cement for participation in the W arrant Service
10 Officer Pr ogram; and
11 (3) Renew the agr eement upon the expiration of the agr eement.
12 3. If the department applies to participate in the W arrant Service Officer
13 Pr ogram and is denied, the department shall:
14 (1) Ascertain fr om United States Customs and Immigration Enfor cement the
15 r eason for the denial of the department's application;
16 (2) Make a good faith effort to addr ess and rem edy the reas on for the denial of
17 the application; and
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 (3) Reapply to participate in the W arrant Service Officer Pr ogram.
19 4. If the department applies to participate in the W arrant Service Officer
20 Pr ogram and is r epeatedly denied, the department may apply for a waiver fr om the
21 state.
22 5. The department shall pro mulgate rules for the pr ocess of obtaining a waiver
23 fr om the state under subsection 4 of this section. Any rule or portion of a rule, as that
24 term is defined in section 536.010, that is creat ed under the authority delegated in this
25 section shall become effective only if it complies with and is subject to all of the
26 pr ovisions of chapter 536 and, if applicable, section 536.028. This section and chapter
27 536 are nonseverable and if any of the powers vested with the general assembly
28 pursuant to chapter 536 to revi ew , to delay the effective date, or to disappr ove and annul
29 a rule are subsequently held unconstitutional, then the grant of rulemaking authority
30 and any rule prop osed or adopted after August 28, 2026, shall be invalid and void.
221.550. 1. For purposes of this section, the following terms mean:
2 (1) "Jail enforcem ent model", a model of the United States Immigration and
3 Customs Enfor cement authorizing deputized state and local law enfor cement officers to
4 interr ogate a person for information relat ing to the person's immigration status and to
5 issue an immigration detainer under the Immigration and Nationality Act, 8 U.S.C.
6 Section 1357(g);
7 (2) "W arrant Service Officer Pr ogram", the pr ogram of United States
8 Immigration and Customs Enfor cement authorizing state and local law enforce ment
9 officers to serve and execute administrative warrants under the Immigration and
10 Nationality Act, 8 U.S.C. Section 1357(g).
11 2. A sheriff in charge of a jail in a county or in any city not within a county shall:
12 (1) Apply to participate in the W arrant Service Officer Pr ogram;
13 (2) Upon a successful application, enter into an agr eement with United States
14 Immigration and Customs Enfor cement for participation in the W arrant Service
15 Officer Pr ogram; and
16 (3) Renew the agr eement upon the expiration of the agr eement.
17 3. (1) A sheriff in charge of a jail in a county or in any city not within a county
18 may choose to participate in the jail enforcem ent model.
19 (2) If a sheriff of a county or any city not within a county who is in charge of a
20 jail participates in the jail enfor cement model, the sheriff is exempt fr om the
21 r equir ements under this section to participate in the W arrant Service Officer Pr ogram.
22 4. If a sheriff of a county or any city not within a county who is in charge of a jail
23 applies to participate in the W arrant Service Officer Pr ogram and is denied, he or she
24 shall:
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25 (1) Ascertain fr om United States Customs and Immigration Enfor cement the
26 r eason for the denial of the application;
27 (2) Make a good faith effort to addr ess and rem edy the reas on for the denial of
28 the application; and
29 (3) Apply again to participate in the W arrant Service Officer Pr ogram.
30 5. If a sheriff of a county or any city not within a county who is in charge of a jail
31 applies to participate in the W arrant Service Officer Pr ogram and is r epeatedly denied,
32 he or she may apply for a waiver fr om the state.
33 6. The department of corr ections shall pr omulgate rules for the pr ocess of
34 obtaining a waiver under subsection 5 of this section. Any rule or portion of a rule, as
35 that term is defined in section 536.010, that is creat ed under the authority delegated in
36 this section shall become effective only if it complies with and is subject to all of the
37 pr ovisions of chapter 536 and, if applicable, section 536.028. This section and chapter
38 536 are nonseverable and if any of the powers vested with the general assembly
39 pursuant to chapter 536 to revi ew , to delay the effective date, or to disappr ove and annul
40 a rule are subsequently held unconstitutional, then the grant of rulemaking authority
41 and any rule prop osed or adopted after August 28, 2026, shall be invalid and void.
✔
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