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SECOND REGULAR SESSION
HOUSE BILL NO. 3045
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE IR WIN.
6782H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 590.502, RSMo, and to enact in lieu thereof one new section relating to
administrative investigation of law enforcement of ficers.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 590.502, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 590.502, 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 enfor cement agency", any agency authorized by law or by a
15 government agency to engage in or supervise the prev ention, detection, investigation, or
16 pr osecution of any violation of federal, state, or municipal law . A "law enforce ment
17 agency" may be an agency or unit of the state or any county , charter county , city ,
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 charter city , municipality , district, college, university , or any other political subdivision
19 or board of police commissioners;
20 (6) "Law enforcement of ficer", any commissioned peace of ficer with the power to
21 arrest for a violation of the criminal code who is or was employed by any unit of the state or
22 any county , charter county , city , charter city , municipality , district, college, university , or any
23 other political subdivision or is employed by the board of police commissioners as defined in
24 chapter 84. Law enforcement of ficer shall not include any officer who is the highest ranking
25 of ficer in the law enforcement agency .
26 2. Whenever a law enforcement of ficer is under administrative investigation or is
27 subjected to administrative questioning that the of ficer reasonably believes could lead to
28 disciplinary action, demotion, dismissal, transfer leading to an economic loss , or placement
29 on a status that could lead to economic loss, the investigation or questioning shall be
30 conducted under the following conditions:
31 (1) The law enforcement officer who is the subject of the investigation shall be
32 informed, in writing, of the existence [and nature of the alleged violation] of such
33 investigation, the specific rules or pr ovisions of policy allegedly violated, and the
34 individuals who will be conducting the investigation. Notice shall be provided to the of ficer
35 along with a complete and unr edacted copy of the complaint at least twenty-four hours prior
36 to any interrogation or interview of the of ficer;
37 (2) Any person, including members of the same agency or department as the of ficer
38 under investigation, filing a complaint against a law enforcement of ficer shall have the
39 complaint supported by a written statement outlining the complaint that includes the personal
40 identifying information of the person filing the complaint. The person filing the complaint
41 shall be consider ed the complainant and shall be identified by the agency as such. All
42 personal identifying information shall be held confidential by the investigating agency ,
43 except as to the identity of the official under investigation. If the complainant refu ses to
44 be identified in the complaint, the agency shall ref use to take and investigate the
45 complaint ;
46 (3) When a law enforcement of ficer is questioned or interviewed regarding matters
47 pertaining to his or her law enforcement duties or actions taken within the scope of his or her
48 employment, such questioning shall be conducted for a reasonable length of time and only
49 while the of ficer is on duty unless reasonable circumstances exist that necessitate questioning
50 the of ficer while he or she is of f duty;
51 (4) Any interviews or questioning shall be conducted at a secure location at the
52 agency that is conducting the investigation or at the place where the of ficer reports to work,
53 unless the of ficer consents to another location;
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54 (5) Law enforcement officers shall be questioned by up to two [ investigators ]
55 commissioned personnel of the agency investigating the officer and shall be informed of
56 the name, rank, and command of the investigator or investigators conducting the
57 investigation; except that, separate investigators shall be assigned to investigate alleged
58 department policy violations and alleged criminal violations;
59 (6) Interview sessions shall be for a reasonable period of time. There shall be times
60 provided for the of ficer to allow for such personal necessities and rest periods as are
61 reasonably necessary;
62 (7) Prior to an interview session, the investigator or investigators conducting the
63 investigation shall advise the law enforcement of ficer of the rule set out in Garrity v . New
64 Jersey , 385 U.S. 493 (1967), specifically that the law enforcement officer is being ordered to
65 answer questions under threat of disciplinary action and that the of ficer's answers to the
66 questions will not be used against the of ficer in criminal proceedings;
67 (8) Law enforcement of ficers shall not be threatened, harassed, or promised rewards
68 to induce them into answering any question; except that, law enforcement of ficers may be
69 compelled by their employer to give protected Garrity statements to an investigator under the
70 direct control of the employer , but such compelled statements shall not be used or derivatively
71 used against the of ficer in any aspect of a criminal case brought against the officer;
72 (9) Law enforcement officers under investigation are entitled to have an attorney or
73 any duly authorized representative present during any questioning that the law enforcement
74 of ficer reasonably believes may result in disciplinary action. The attorney or representative
75 shall be permitted to confer with the of ficer but shall not unduly disrupt or interfere with the
76 interview . The questioning shall be suspended for a period of up to twenty-four hours if the
77 of ficer requests representation;
78 (10) Prior to the law enforcement of ficer being interviewed, the of ficer and his or her
79 attorney or representative shall have the opportunity to review the complaint;
80 (1 1) The law enforcement agency conducting the investigation shall have ninety days
81 from receipt of a [ citizen ] complaint to complete such investigation. The date the complaint
82 was receiv ed shall be stated in the complaint. The agency shall determine the disposition
83 of the complaint and render a disciplinary decision, if any , within ninety days. The agency
84 may , for good cause, petition the administering authority overseeing the administration of
85 discipline for an extension of time to complete the investigation. If the administering
86 authority finds the agency has shown good cause for the granting of an extension of time to
87 complete the investigation, the administering authority shall grant an extension of up to sixty
88 days. The agency is limited to two extensions per investigation; except that, if there is an
89 ongoing criminal investigation there shall be no limitation on the amount of sixty-day
90 extensions. For good cause shown, the internal investigation may be tolled until the
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91 conclusion of a concurrent criminal investigation arising out of the same alleged conduct.
92 Absent consent from the of ficer being investigated, the administering authority overseeing the
93 administration of discipline shall set the matter for hearing and shall provide notice of the
94 hearing to the law enforcement of ficer under investigation. The of ficer shall have the right to
95 attend the hearing and to present evidence and argu ments against extension;
96 (12) W ithin five days of the conclusion of the administrative investigation, the
97 investigator shall inform the of ficer , in writing, of the investigative findings and any
98 recommendation for further action, including discipline;
99 (13) A complete record of the administrative investigation shall be kept by the law
100 enforcement agency conducting such investigation. Upon completion of the investigation, a
101 copy of the entire record, including, but not limited to, audio, video, and transcribed
102 statements, shall be provided to the of ficer or the of ficer's representative within five business
103 days of the of ficer's or officer's rep rese ntative's written request. The agency may request a
104 protective order to redact all personal identifying witness information; and
105 (14) All records compiled as a result of any investigation subject to the provisions of
106 this section shall be held confidential and shall not be subject to disclosure under chapter 610,
107 except by lawful subpoena or court order , by release approved by the of ficer , or as provided in
108 section 590.070.
109 3. [ Law enforcement of ficers who are ] Before a law enforcem ent officer is
110 suspended without pay , demoted, terminated, transferred r esulting in economic loss , or
111 placed on a status resulting in economic loss , the officer shall be entitled to a full due process
112 hearing. The hearing shall be conducted by a neutral person or body that did not
113 participate in or have knowledge of the investigation and reco mmended discipline. The
114 officer shall have ten days fro m the date written notice of the r ecommended disciplinary
115 action is given to the officer to request a hearing. If no such req uest is made, the
116 r ecommended disciplinary action shall be final.
117 [ However , ] 4. Nothing in this section shall prohibit a law enforcement agency and the
118 authorized bar gaining representative for a law enforcement officer employed by that agency
119 from reaching written agreements providing disciplinary procedures more favorable than
120 those provided for this section. The components of the hearing shall include, at a minimum:
121 (1) The right to be represented by an attorney or other individual of their choice
122 during the hearing;
123 (2) Seven days' notice of the hearing date and time;
124 (3) An opportunity to access and review documents, at least seven days in advance of
125 the hearing, that are in the employer's possession and that were used as a basis for the
126 disciplinary action;
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127 (4) The right to testify , to pr esent witnesses and evidence, and to cros s examine
128 witnesses;
129 (5) During the hearing, the law enfor cement agency shall be consider ed the party
130 bearing the burden of proof and shall pr esent evidence to establish the alleged violation
131 of rules or policy and shall otherwise pr esent its case in chief first;
132 (6) The right to refuse to testify at the hearing if the of ficer is concurrently facing
133 criminal char ges in connection with the same incident. A law enforcement of ficer's decision
134 not to testify shall not result in additional internal char ges or discipline;
135 [ (5) ] (7) A complete record of the hearing shall be kept by the agency for purposes of
136 appeal. The record shall be provided to the of ficer or his or her attorney upon written request;
137 [ (6) ] (8) The entire hearing shall be a closed proceed ing and the record of the
138 hearing shall remain confidential and shall not be subject to disclosure under chapter 610,
139 except by lawful subpoena or court order .
140 [ 4. ] 5. Any decision, order , or action taken following the hearing shall be consider ed
141 a final decision and shall be in writing and [ shall be ] accompanied by findings of fact. The
142 findings shall consist of a concise statement upon each issue in the case. A copy of the
143 decision or order accompanying findings and conclusions along with the written action and
144 right of appeal, if any , shall be delivered or mailed promptly to the law enforcement of ficer or
145 to the of ficer's attorney or representative of record. Law enforcem ent officers shall have
146 the right to appeal the final decision to the pr oper circu it court as pr ovided under
147 chapter 536.
148 [ 5. ] 6. Law enforcement of ficers shall have the opportunity to provide a written
149 response to any adverse materials placed in their personnel file, and such written response
150 shall be permanently attached to the adverse material.
151 [ 6. ] 7. Law enforcement of ficers shall have the right to compensation for any
152 economic loss incurred during an investigation if the of ficer is found to have committed no
153 misconduct.
154 [ 7. ] 8. Employers shall defend and indemnify law enforcement of ficers from and
155 against civil claims made against them in their of ficial and individual capacities if the alleged
156 conduct arose in the course and scope of their obligations and duties as law enforcement
157 of ficers. This includes any actions taken of f duty if such actions were taken under color of
158 law . In the event the law enforcement of ficer is convicted of, or pleads guilty to, criminal
159 char ges arising out of the same conduct, the employer shall no longer be obligated to defend
160 and indemnify the of ficer in connection with related civil claims.
161 [ 8. ] 9. Law enforcement of ficers shall not be disciplined, demoted, dismissed,
162 transferred, or placed on a status resulting in economic loss as a result of the assertion of their
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163 constitutional rights in any judicial proceeding, unless the of ficer admits to wrongdoing, in
164 which case the provisions of this section shall not apply .
165 [ 9. ] 10. Any aggrieved law enforcement of ficer or authorized representative may
166 [ seek judicial enforcement of the requirements of ] bring suit under this section. Suits [ to
167 enforce ] br ought under this section shall be brought in the circuit court for the county in
168 which the law enforcement agency or governmental body has its principal place of business.
169 [ 10. ] 1 1. Upon a finding by a preponderance of the evidence that a law enforcement
170 agency , governmental body , or member of same has violated any provision of this section, a
171 court shall void any disciplinary action taken [ in ] following the violation of this section and
172 shall order the officer to be made whole and re turned to the position occupied as if the
173 disciplinary action had never been imposed . The court may also award the law
174 enforcement officer the costs of bringing the suit including, but not limited to, attorneys' fees.
175 A lawsuit for enforcement shall be brought within [ one year ] thr ee years from [ which the
176 violation is ascertainable ] the date the officer is given written notice of the final decision .
177 [ 1 1. ] 12. Nothing in this section shall apply to any investigation or other action by the
178 director regarding a license issued by the director under this chapter .
179 [ 12. ] 13. A law enforcement agency that has substantially similar or greater
180 procedures shall be deemed in compliance with this section.
✔
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