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SECOND REGULAR SESSION
HOUSE BILL NO. 2237
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE MURRA Y .
5615H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 590.502 and 590.653, RSMo, and to enact in lieu thereof two new sections
relating to investigative complaints involving law enforcement of ficers.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 590.502 and 590.653, RSMo, are repealed and two new sections
2 enacted in lieu thereof, to be known as sections 590.502 and 590.653, to read as follows:
590.502. 1. For purposes of this section, the following shall mean:
2 (1) "Administering authority", any individual or body authorized by a law
3 enforcement agency to hear and make final decisions regarding appeals of disciplinary
4 actions issued by such agency;
5 (2) "Color of law", any act by a law enforcement of ficer , whether on duty or of f duty ,
6 that is performed in furtherance of his or her sworn duty to enforce laws and to protect and
7 serve the public;
8 (3) "Economic loss", any economic loss including, but not limited to, loss of overtime
9 accrual, overtime income, sick time accrual, sick time, secondary employment income,
10 holiday pay , and vacation pay;
11 (4) "Good cause", suff icient evidence or facts that would support a party's request for
12 extensions of time or any other requests seeking accommodations outside the scope of the
13 rules set out herein;
14 (5) "Law enforcement of ficer", any commissioned peace of ficer with the power to
15 arrest for a violation of the criminal code who is employed by any unit of the state or any
16 county , charter county , city , charter city , municipality , district, college, university , or any other
17 political subdivision or is employed by the board of police commissioners as defined in
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 chapter 84. Law enforcement of ficer shall not include any officer who is the highest ranking
19 of ficer in the law enforcement agency .
20 2. Whenever a law enforcement of ficer is under administrative investigation or is
21 subjected to administrative questioning that the of ficer reasonably believes could lead to
22 disciplinary action, demotion, dismissal, transfer , or placement on a status that could lead to
23 economic loss, the investigation or questioning shall be conducted under the following
24 conditions:
25 (1) The law enforcement officer who is the subject of the investigation shall be
26 informed, in writing, of the existence and nature of the alleged violation and the individuals
27 who will be conducting the investigation. Notice shall be provided to the of ficer along with a
28 copy of the complaint at least twenty-four hours prior to any interrogation or interview of the
29 of ficer;
30 (2) Any person, including members of the same agency or department as the of ficer
31 under investigation, filing a complaint against a law enforcement of ficer shall have the
32 complaint supported by a written statement outlining the complaint that includes the personal
33 identifying information of the person filing the complaint. All personal identifying
34 information shall be held confidential by the investigating agency;
35 (3) When a law enforcement of ficer is questioned or interviewed regarding matters
36 pertaining to his or her law enforcement duties or actions taken within the scope of his or her
37 employment, such questioning shall be conducted for a reasonable length of time and only
38 while the of ficer is on duty unless reasonable circumstances exist that necessitate questioning
39 the of ficer while he or she is of f duty;
40 (4) Any interviews or questioning shall be conducted at a secure location at the
41 agency that is conducting the investigation or at the place where the of ficer reports to work,
42 unless the of ficer consents to another location;
43 (5) Law enforcement of ficers shall be questioned by up to two investigators and shall
44 be informed of the name, rank, and command of the investigator or investigators conducting
45 the investigation; except that, separate investigators shall be assigned to investigate alleged
46 department policy violations and alleged criminal violations;
47 (6) Interview sessions shall be for a reasonable period of time. There shall be times
48 provided for the of ficer to allow for such personal necessities and rest periods as are
49 reasonably necessary;
50 (7) Prior to an interview session, the investigator or investigators conducting the
51 investigation shall advise the law enforcement of ficer of the rule set out in Garrity v . New
52 Jersey , 385 U.S. 493 (1967), specifically that the law enforcement officer is being ordered to
53 answer questions under threat of disciplinary action and that the of ficer's answers to the
54 questions will not be used against the of ficer in criminal proceedings;
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55 (8) Law enforcement of ficers shall not be threatened, harassed, or promised rewards
56 to induce them into answering any question; except that, law enforcement of ficers may be
57 compelled by their employer to give protected Garrity statements to an investigator under the
58 direct control of the employer , but such compelled statements shall not be used or derivatively
59 used against the of ficer in any aspect of a criminal case brought against the officer;
60 (9) Law enforcement officers under investigation are entitled to have an attorney or
61 any duly authorized representative present during any questioning that the law enforcement
62 of ficer reasonably believes may result in disciplinary action. The attorney or representative
63 shall be permitted to confer with the of ficer but shall not unduly disrupt or interfere with the
64 interview . The questioning shall be suspended for a period of up to twenty-four hours if the
65 of ficer requests representation;
66 (10) Prior to the law enforcement of ficer being interviewed, the of ficer and his or her
67 attorney or representative shall have the opportunity to review the complaint;
68 (1 1) The law enforcement agency conducting the investigation shall have ninety days
69 from receipt of a citizen complaint to complete such investigation. The agency shall
70 determine the disposition of the complaint and render a disciplinary decision, if any , within
71 ninety days. The agency may , for good cause, petition the administering authority overseeing
72 the administration of discipline for an extension of time to complete the investigation. If the
73 administering authority finds the agency has shown good cause for the granting of an
74 extension of time to complete the investigation, the administering authority shall grant an
75 extension of up to sixty days. The agency is limited to two extensions per investigation;
76 except that, if there is an ongoing criminal investigation there shall be no limitation on the
77 amount of sixty-day extensions. For good cause shown, the internal investigation may be
78 tolled until the conclusion of a concurrent criminal investigation arising out of the same
79 alleged conduct. Absent consent from the of ficer being investigated, the administering
80 authority overseeing the administration of discipline shall set the matter for hearing and shall
81 provide notice of the hearing to the law enforcement of ficer under investigation. The of ficer
82 shall have the right to attend the hearing and to present evidence and ar guments against
83 extension;
84 (12) W ithin five days of the conclusion of the administrative investigation, the
85 investigator shall inform the of ficer , in writing, of the investigative findings and any
86 recommendation for further action, including discipline;
87 (13) A complete record of the administrative investigation shall be kept by the law
88 enforcement agency conducting such investigation. Upon completion of the investigation, a
89 copy of the entire record, including, but not limited to, audio, video, and transcribed
90 statements, shall be provided to the of ficer or the of ficer's representative within five business
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91 days of the of ficer's written request. The agency may request a protective order to redact all
92 personal identifying witness information; and
93 (14) All records compiled as a result of any investigation subject to the provisions of
94 this section shall be held confidential and shall not be subject to disclosure under chapter 610,
95 except by lawful subpoena or court order , by release approved by the of ficer , or as provided in
96 section 590.070.
97 3. Law enforcement of ficers who are suspended without pay , demoted, terminated,
98 transferred, or placed on a status resulting in economic loss shall be entitled to a full due
99 process hearing. However , nothing in this section shall prohibit a law enforcement agency
100 and the authorized bar gaining representative for a law enforcement officer employed by that
101 agency from reaching written agreements providing disciplinary procedures more favorable
102 than those provided for this section. The components of the hearing shall include, at a
103 minimum:
104 (1) The right to be represented by an attorney or other individual of their choice
105 during the hearing;
106 (2) Seven days' notice of the hearing date and time;
107 (3) An opportunity to access and review documents, at least seven days in advance of
108 the hearing, that are in the employer's possession and that were used as a basis for the
109 disciplinary action;
110 (4) The right to refuse to testify at the hearing if the of ficer is concurrently facing
111 criminal char ges in connection with the same incident. A law enforcement of ficer's decision
112 not to testify shall not result in additional internal char ges or discipline;
113 (5) A complete record of the hearing shall be kept by the agency for purposes of
114 appeal. The record shall be provided to the of ficer or his or her attorney upon written request;
115 (6) The entire record of the hearing shall remain confidential and shall not be subject
116 to disclosure under chapter 610, except by lawful subpoena or court order .
117 4. Any decision, order , or action taken following the hearing shall be in writing and
118 shall be accompanied by findings of fact. The findings shall consist of a concise statement
119 upon each issue in the case. A copy of the decision or order accompanying findings and
120 conclusions along with the written action and right of appeal, if any , shall be delivered or
121 mailed promptly to the law enforcement of ficer or to the of ficer's attorney or representative of
122 record.
123 5. Law enforcement officers shall have the opportunity to provide a written response
124 to any adverse materials placed in their personnel file, and such written response shall be
125 permanently attached to the adverse material.
126 6. Law enforcement of ficers shall have the right to compensation for any economic
127 loss incurred during an investigation if the of ficer is found to have committed no misconduct.
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128 7. Employers shall defend and indemnify law enforcement officers from and against
129 civil claims made against them in their of ficial and individual capacities if the alleged conduct
130 arose in the course and scope of their obligations and duties as law enforcement of ficers. This
131 includes any actions taken of f duty if such actions were taken under color of law . In the event
132 the law enforcement of ficer is convicted of, or pleads guilty to, criminal char ges arising out of
133 the same conduct, the employer shall no longer be obligated to defend and indemnify the
134 of ficer in connection with related civil claims.
135 8. Law enforcement of ficers shall not be disciplined, demoted, dismissed, transferred,
136 or placed on a status resulting in economic loss as a result of the assertion of their
137 constitutional rights in any judicial proceeding, unless the of ficer admits to wrongdoing, in
138 which case the provisions of this section shall not apply .
139 9. Any aggrieved law enforcement of ficer or authorized representative may seek
140 judicial enforcement of the requirements of this section. Suits to enforce this section shall be
141 brought in the circuit court for the county in which the law enforcement agency or
142 governmental body has its principal place of business.
143 10. Upon a finding by a preponderance of the evidence that a law enforcement
144 agency , governmental body , or member of same has violated any provision of this section, a
145 court shall void any action taken in violation of this section. The court may also award the
146 law enforcement of ficer the costs of bringing the suit including, but not limited to, attorneys'
147 fees. A lawsuit for enforcement shall be brought within one year from which the violation is
148 ascertainable.
149 1 1. Nothing in this section shall apply to any investigation or other action by the
150 director regarding a license issued by the director under this chapter .
151 12. A law enforcement agency that has substantially similar or greater procedures
152 shall be deemed in compliance with this section.
153 13. Notwithstanding any other provi sion of law , civilian oversight agencies
154 operating pursuant to local ordinances shall not be deemed in violation of law
155 enfor cement officers' due pr ocess rights under this section when the law enforcem ent
156 officers are afforded notice, r epresent ation, and the opportunity to res pond to findings
157 prior to any disciplinary action.
590.653. 1. Each city , county , and city not within a county may establish a civilian
2 review board, division of civilian oversight, or any other entity which provides civilian
3 review or oversight of police agencies, or may use an existing civilian review board or
4 division of civilian oversight or other named entity which has been appointed by the local
5 governing body , with the authority to investigate allegations of misconduct by local law
6 enforcement of ficers towards members of the public. The members shall not receive
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7 compensation but shall receive reimbursement from the local governing body for all
8 reasonable and necessary expenses.
9 2. The board, division, or any other such entity , shall have the power [ solely limited ]
10 to [ receiving, investigating, making findings and recommending ] r eceive, investigate, and
11 make findings and recommendat ions for disciplinary action upon complaints by members
12 of the public against members of the police department that allege misconduct involving
13 excessive use of force, abuse of authority , discourtesy , or use of offensive language,
14 including, but not limited to, slurs relating to race, ethnicity , religion, gender , sexual
15 orientation , and disability . The findings and recommendations of the board, division, or other
16 entity and the basis therefor , shall be submitted to the chief law enforcement of ficial. No
17 finding or recommendation shall be based solely upon an unsworn complaint or statement,
18 nor shall prior unsubstantiated, unfounded , or withdrawn complaints be the basis for any such
19 findings or recommendations. [ Only the powers specifically granted herein are authorized
20 and any and all authority granted to future or existing boards, divisions, or entities outside the
21 scope of the powers listed herein are expressly preempted and void as a matter of law . ]
22 3. In addition to the powers granted in subsection 2 of this section, the board,
23 division, or any other such entity shall have the authority to:
24 (1) Subpoena witness testimony and documents as pro vided under section
25 536.077;
26 (2) Access unred acted internal affairs files upon requ est;
27 (3) Access body camera footage upon r equest;
28 (4) Issue public r eports summarizing findings, r ecommendations, and
2 9 disciplinary outcomes; and
30 (5) Refer evidence of criminal conduct to the appr opriate pr osecuting authority .
31 4. Law enfor cement officers, city or county employees, or members of the public
32 who pr ovide information or testimony to a board, division, or other such entity shall be
33 pr otected fr om r etaliation, demotion, suspension, or discharge. Any actions arising
34 fr om such conduct shall pr oceed as pr ovided under section 105.055.
35 5. (1) Each board, division, or other such entity shall annually publish a report,
36 no later than January first of each year , containing:
37 (a) The number of complaints r eceived and investigated by the board, division,
38 or other such entity;
39 (b) The racial and gender information of the law enfor cement officers involved
40 and of the complainant;
41 (c) The findings of the board, division, or other such entity , which shall be
42 organized by type and disposition;
43 (d) Disciplinary outcomes and tr ends;
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44 (e) The number of cases in which recomm endations of the board, division, or
45 other such entity were overturned; and
46 (f) Policy re commendations issued by the board, division, or other such entity to
47 the chief law enfor cement official of the municipality or county .
48 (2) The annual rep ort of the board, division, or other such entity shall be made
49 public on the board, division, or other entity's website and be submitted to the local
50 governing body and to the department of public safety .
51 (3) Any public r eport issued by the board, division, or other such entity shall be
52 subject to disclosur e under chapter 610.
53 (4) If a chief of police of a municipality or county disagr ees with the findings of a
54 board, division, or other such entity , the chief of police shall submit his or her objections
55 in writing to such board, division, or entity .
56 6. Notwithstanding any pr ovision of law to the contrary , any city operating
57 under a home-rule charter shall re tain full authority to define the structure and
58 jurisdiction over a board, division, or other such entity .
✔
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