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SECOND REGULAR SESSION
HOUSE BILL NO. 2326
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE LUCAS.
5498H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 67.307, RSMo, and to enact in lieu thereof one new section relating to
cooperative municipal policies.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 67.307, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 67.307, to read as follows:
67.307. 1. As used in this section, the following terms mean:
2 (1) "Law enforcement of ficer", a sheriff or peace of ficer of a municipality with the
3 [ duty and power of arrest for violation of ] authority to enforce the general criminal laws of
4 the state or [ for violation of ] ordinances of municipalities;
5 (2) "Municipality", any county , city , town, or village;
6 (3) "Municipality of ficial", any elected or appointed of ficial or any law enforcement
7 of ficer serving the municipality;
8 (4) "Sanctuary policy", any municipality's policy , as ref lected in an order or
9 ordinance, [ enacted or followed ] that:
10 (a) [ Limits ] Restricts or prohibits any municipality of ficial or person employed by
11 the municipality from [ communicating or ] voluntarily cooperating with federal agencies or
12 of ficials [ to verify or report the ] r egarding immigration status [ of any alien within such
13 municipality ]; or
14 (b) Grants [ to illegal aliens the right to lawful presence or status within the
15 municipality ] undocumented immigrants certain legal statuses or rights in direc t
16 violation of federal law .
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.
17 2. [ No municipality shall enact or adopt any sanctuary policy . Any municipality that
18 enacts or adopts a sanctuary policy shall be ineligible for any moneys provided through grants
19 administered by any state agency or department until the sanctuary policy is repealed or is no
20 longer in ef fect. Upon the complaint of any state resident regarding a specific government
21 entity , agency , or political subdivision of this state or prior to the provision of funds or
22 awarding of any grants to a government entity , agency , or political subdivision of this state,
23 any member of the general assembly may request that the attorney general of the state of
24 Missouri issue an opinion stating whether the government entity , agency , or political
25 subdivision has current policies in contravention of this section ] (1) Municipalities shall
26 adopt policies that pr omote voluntary cooperation with federal and state immigration
27 authorities, consistent with federal law and public safety objectives.
28 (2) Municipal officials and law enforcem ent officers shall receive written
29 guidance on state and federal immigration enfor cement res ponsibilities .
30 3. [ The governing body , sherif f, or chief of police of each municipality shall provide
31 each law enforcement of ficer with written notice of their duty to cooperate with state and
32 federal agencies and of ficials on matters pertaining to enforcement of state and federal laws
33 governing immigration ] (1) Municipalities that adopt or maintain policies consistent with
34 federal law may be eligible for voluntary state funding, technical assistance, or training
35 pr ograms to enhance public safety .
36 (2) If a municipality is believed to have a policy inconsistent with this section, the
37 state may pr ovide written notice and a re asonable period to addr ess concerns before any
38 funding res trictions are applied.
39 (3) Municipalities shall have the right to appeal or pr ovide documentation
40 demonstrating compliance or public safety considerations befor e any funding
4 1 adjustments ar e made .
42 4. (1) This section shall [ become ef fective on January 1, 2009 ] be construed to
43 pr omote public safety and cooperation between local law enforcem ent and federal
44 authorities.
45 (2) Municipalities re tain discr etion to adopt policies that protect victims of
46 crime, encourage r eporting of criminal activity , and maintain community trust,
47 pr ovided such policies do not violate federal law .
✔
HB 2326 2