Read the full stored bill text
SECOND REGULAR SESSION
HOUSE BILL NO. 3301
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE DOLL.
7050H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 650, RSMo, by adding thereto five new sections relating to immigration
enforcement.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 650, RSMo, is amended by adding thereto five new sections, to be
2 known as sections 650.3000, 650.3004, 650.3006, 650.3008, and 650.3010, to read as
3 follows:
650.3000. 1. The provi sions of sections 650.3000 to 650.3010 shall be known and
2 may be cited as the "Missouri V alues Act".
3 2. For purposes of sections 650.3000 to 650.3010, the following terms mean:
4 (1) "Civil immigration warrant", any warrant for a violation of federal civil
5 immigration law including civil immigration warrants enter ed in the National Crime
6 Information Center database;
7 (2) "Dangerou s felony", as such term is defined under section 556.061 including
8 any offense committed in another state that, if committed in Missouri, would be
9 punishable as a danger ous felony under such definition;
10 (3) "Department", the department of public safety;
11 (4) "Dir ector", the dir ector of the department of public safety;
12 (5) "Eligible for release fr om custody", may be established when one of the
13 following conditions has occurr ed:
14 (a) All criminal charges against the individual have been dro pped or dismissed;
15 (b) The person has been acquitted of all criminal charges filed against him or
16 her;
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 (c) The person has served all the time r equir ed for his or her sentence;
18 (d) The person has posted a bond; and
19 (e) The person is otherwise eligible for relea se under state or local law , or local
20 policy;
21 (6) "Health car e facility", as such term is defined in section 197.366;
22 (7) "Hold r equest", "notification r equest", and "transfer requ est", include
23 r equests issued by the United States Immigration and Customs Enfor cement or the
24 United States Customs and Border Pr otection as well as any other immigration
25 authorities;
26 (8) "Immigration authority", any federal, state, or local officer , employee, or
27 person performing immigration enforcem ent duties;
28 (9) "Immigration enforcem ent", any and all efforts to investigate, enforce, or
29 assist in the investigation or enforcem ent of any federal civil immigration law , and also
30 includes any and all efforts to investigate, enforc e, or assist in the investigation or
31 enfor cement of any federal criminal immigration law that penalizes a person's pr esence
32 in, entry , or reent ry to, or employment in, the United States;
33 (10) "Joint law enforcem ent task for ce", at least one Missouri law enforcem ent
34 agency collaborating, engaging, or partnering with at least one federal law enforcem ent
35 agency in investigating federal or state crimes;
36 (1 1) "Judicial pro bable cause determination", a determination made by a
37 federal judge or federal magistrate that pr obable cause exists that a person has violated
38 federal criminal immigration law and that authorizes a law enforcem ent officer to arr est
39 and take into custody the person;
40 (12) "Judicial warrant", a warrant based on prob able cause for a violation of
41 federal criminal immigration law and issued by a federal judge or federal magistrate
42 judge that authorizes a law enfor cement officer to arres t and take into custody the
43 person who is the subject of the warrant;
44 (13) "Law enforcem ent official", any local agency or officer of a local agency
45 authorized to enforce criminal statutes, regul ations, or local ordinances or to operate
46 jails or to maintain custody of persons in jails, and any person or local agency
47 authorized to operate juvenile detention facilities or to maintain custody of persons in
48 juvenile detention facilities;
49 (14) "Local agency", any city , county , city and county , special district, or other
50 political subdivision of the state;
51 (15) "Missouri law enforcem ent agency", a state or local law enforcem ent
52 agency , including school police or security departments. Such term shall not include the
53 department of corr ections;
HB 3301 2
54 (16) "Public schools", public elementary and secondary schools and public
55 institutions of higher education in the state;
56 (17) "School police and security departments", includes police and security
57 departments of public institutions of higher education in the state, charter schools,
58 county offices of education, schools, and school districts.
650.3004. 1. Missouri law enforcem ent agencies shall not:
2 (1) Use agency or department moneys or personnel to investigate, interrogate,
3 detain, detect, or arr est persons for immigration purpose including, but not limited to,
4 any of the following:
5 (a) Inquiring into a person's immigration status;
6 (b) Detaining a person on the basis of a hold r equest;
7 (c) Pr oviding information regard ing a person's release date or res ponding to
8 r equests for notification by prov iding rel ease dates or other information unless that
9 information is available to the public or is in res ponse to a notification r equest fr om
10 immigration authorities in accordance with section 650.3010. Responses are never
11 r equir ed, but ar e permitted under this paragraph, pr ovided that they do not violate any
12 local law or policy;
13 (d) Pr oviding personal information about a person including, but not limited to,
14 the person's home addr ess or work addr ess unless that information is available to the
15 public;
16 (e) Making or intentionally participating in arr ests based on civil immigration
17 warrants;
18 (f) Assisting immigration authorities in the activities described in Section 1357
19 (a)(3) of T itle 8 of the United States Code; or
20 (g) Performing the functions of an immigration officer , whether under Section
21 1357(g) of T itle 8 of the United States Code or any other law , r egulation, or policy ,
22 whether formal or informal;
23 (2) Place peace officers under the supervision of federal agencies or employ
24 peace officers deputized as special federal officers or special federal deputies for
25 purposes of immigration enforcem ent. All peace officers r emain subject to Missouri law
26 governing conduct of peace officers and the policies of the employing agency;
27 (3) Use immigration authorities as interpr eters for law enforc ement matters
28 r elating to persons in agency or department custody;
29 (4) T ransfer a person to immigration authorities unless authorized by a judicial
30 warrant or judicial pr obable cause determination, or in accordance with section
31 650.3010;
HB 3301 3
32 (5) Pr ovide office space exclusively dedicated for immigration authorities for use
33 within a city or county law enfor cement facility; or
34 (6) Contract with the federal government for use of Missouri law enforcem ent
35 agency facilities to house persons as federal detainees.
36 2. Notwithstanding the pr ovisions of subsection 1 of this section, this section does
37 not pr event any Missouri law enforcem ent agency fr om doing any of the following that
38 does not violate any policy of the law enforcem ent agency or any local law or policy of
39 the jurisdiction in which the agency is operating:
40 (1) Investigating, enforcing, or detaining upon r easonable suspicion of, or
41 arr esting for a violation of, Section 1326(a) of T itle 8 of the United States Code that may
42 be subject to the enhancement specified in Section 1326(b)(2) of T itle 8 of the United
43 States Code and that is detected during an unr elated law enforcem ent activity .
44 T ransfers to immigration authorities are permitted under this section only in
45 accordance with subdivision (4) of subsection 1 of this section;
46 (2) Responding to a requ est fr om immigration authorities for information about
47 a specific person's criminal history including, but not limited to, prev ious criminal
48 arr ests, convictions, or similar criminal history information accessed thr ough the
49 Missouri uniform law enfor cement system (MULES), wher e otherwise permitted by
50 state law; or
51 (3) Conducting enforcem ent or investigative duties associated with a joint law
52 enfor cement task for ce including, but not limited to, the sharing of confidential
53 information with other law enforce ment agencies for purposes of task for ce
5 4 investigations, so long as the following conditions are met:
55 (a) The primary purpose of the joint law enforcem ent task for ce is not
56 immigration enfor cement, as defined in section 650.3000;
57 (b) The enforcem ent or investigative duties are primarily r elated to a violation of
58 state or federal law unr elated to immigration enforcem ent;
59 (c) Participation in the task for ce by a Missouri law enforcem ent agency does not
60 violate any local law or policy to which it is otherwise subject;
61 (d) Making inquiries into information necessary to certify a person who has been
62 identified as a potential crime or trafficking victim for a T or U V isa under Section 1 101
63 (a)(15)(T) or 1 101(a)(15)(U) of T itle 8 of the United States Code or to comply with
64 Section 922(d)(5) of T itle 18 of the United States Code; and
65 (e) Giving immigration authorities access to interview a person in agency or
66 department custody .
67 3. (1) If a Missouri law enforcem ent agency chooses to participate in a joint law
68 enfor cement task for ce, for which a Missouri law enforcem ent agency has agr eed to
HB 3301 4
69 dedicate personnel or r esources on an ongoing basis, it shall submit a r eport annually to
70 the department of public safety , as specified by the dir ector of the department of public
71 safety . The law enforcem ent agency shall r eport the following information, if known,
72 for each task for ce of which it is a member:
73 (a) The purpose of the task for ce;
74 (b) The federal, state, and local law enforcem ent agencies involved;
75 (c) The total number of arres ts made during the rep orting period; and
76 (d) The number of people arr ested for immigration enforcem ent purposes.
77 (2) All law enfor cement agencies shall repor t annually to the department of
78 public safety , in a manner specified by the dir ector of the department of public safety ,
79 the number of transfers under subdivision (4) of subsection 1 of this section, and the
80 offense that allowed for the transfer .
81 (3) All r ecords described in this subsection shall be public record s for purposes
82 of chapter 610 and personal identifying information may be r edacted prior to public
83 disclosur e. T o the extent that disclosure of a particular item of information would
84 endanger the safety of a person involved in an investigation, or would endanger the
85 successful completion of the investigation or a r elated investigation, that information
86 shall not be disclosed.
87 (4) If mor e than one Missouri law enforcem ent agency is participating in a joint
88 task for ce that meets the rep orting requi rem ent under this section, the joint task for ce
89 shall designate a local or state agency res ponsible for completing the rep orting
90 r equir ement.
91 4. The dir ector , by March 1, 2028, and annually ther eafter , shall rep ort on the
92 total number of arr ests made by joint law enforcem ent task for ces, and the total number
93 of arr ests made for the purpose of immigration enforcem ent by all task for ce
94 participants, including federal law enforcem ent agencies. T o the extent that disclosur e
95 of a particular item of information would endanger the safety of a person involved in an
96 investigation, or would endanger the successful completion of the investigation or a
97 r elated investigation, that information shall not be included in the dir ector's re port. The
98 dir ector shall post the rep orts req uired by this subsection on the department's website.
99 5. This section does not proh ibit or r estrict any government entity or official
100 fr om sending to, or r eceiving fr om, federal immigration authorities, information
101 r egarding the citizenship or immigration status, lawful or unlawful, of a person, or fr om
102 r equesting fr om federal immigration authorities immigration status information, lawful
103 or unlawful, of any person, or maintaining or exchanging that information with any
104 other federal, state, or local government entity , under Sections 1373 and 1644 of T itle 8
105 of the United States Code.
HB 3301 5
106 6. Nothing in this section shall pr ohibit a Missouri law enfor cement agency fr om
107 asserting its own jurisdiction over criminal law enforcem ent matters.
650.3006. 1. The dir ector of the department of public safety , by October 1, 2027,
2 in consultation with the appr opriate stakeholders, shall publish model policies limiting
3 assistance with immigration enforcem ent to the fullest extent practicable consistent with
4 federal and state law at public schools, public libraries, health facilities operated by the
5 state or a political subdivision of the state, courthouses, division of labor standards
6 enfor cement facilities, the division of workers compensation, and shelters, and ensuring
7 that they rem ain safe and accessible to all Missouri resi dents, regardl ess of immigration
8 status. All public schools, health facilities operated by the state or a political subdivision
9 of the state, and courthouses shall implement the model policy or an equivalent policy .
10 The division of workers compensation, the division of labor standards enforcem ent,
11 shelters, libraries, and all other organizations and entities that pr ovide services r elated
12 to physical or mental health and wellness, education, or access to justice, including the
13 University of Missouri, ar e encouraged to adopt the model policy .
14 2. For any databases operated by state and local law enforcem ent agencies,
15 including databases maintained for the agency by private vendors, the dir ector shall, by
16 October 1, 2027, in consultation with appr opriate stakeholders, publish guidance, audit
17 criteria, and training r ecommendations aimed at ensuring that those databases are
18 governed in a manner that limits the availability of information ther ein to the fullest
19 extent practicable and consistent with federal and state law , to anyone or any entity for
20 the purpose of immigration enfor cement. All state and local law enforcem ent agencies
21 ar e encouraged to adopt necessary changes to database governance policies consistent
22 with that guidance.
23 3. The director may pro mulgate all necessary rules and regul ations for the
24 administration of this section. Any rule or portion of a rule, as that term is defined in
25 section 536.010, that is crea ted under the authority delegated in this section shall
26 become effective only if it complies with and is subject to all of the provi sions of chapter
27 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable
28 and if any of the powers vested with the general assembly pursuant to chapter 536 to
29 r eview , to delay the effective date, or to disappr ove and annul a rule are subsequently
30 held unconstitutional, then the grant of rulemaking authority and any rule pr oposed or
31 adopted after August 28, 2026, shall be invalid and void.
650.3008. 1. The department of corr ections shall:
2 (1) In advance of any interview between the United States Immigration and
3 Customs Enfor cement (ICE) and a person in department custody rega rding civil
4 immigration violations, pr ovide the person with a written consent form that explains the
HB 3301 6
5 purpose of the interview , that the interview is voluntary , and that he or she may decline
6 to be interviewed or may choose to be interviewed only with his or her attorney present .
7 The written consent form shall be available in English and Spanish; and
8 (2) Upon receivi ng any ICE hold, notification, or transfer requ est, prov ide a
9 copy of the reque st to the person and inform him or her whether the department intends
10 to comply with the request .
11 2. The department of correct ions shall not:
12 (1) Restrict access to any in-prison educational or reha bilitative prog ramming,
13 or cr edit-earning opportunity on the sole basis of citizenship or immigration status
14 including, but not limited to, whether the person is in rem oval proceed ings, or whether
15 immigration authorities have issued a hold req uest, transfer requ est, notification
16 r equest, or civil immigration warrant against the person; or
17 (2) Consider citizenship and immigration status as a factor in determining a
18 person’ s custodial classification level including, but not limited to, whether the person is
19 in rem oval pro ceedings, or whether immigration authorities have issued a hold requ est,
20 transfer re quest, notification r equest, or civil immigration warrant against the person.
650.3010. A law enforce ment official shall have discret ion to cooperate with
2 immigration authorities only if doing so would not violate any federal, state, or local law ,
3 or local policy , and wher e permitted under sections 650.3000 to 650.3010. The activities
4 described under paragraph (c) of subdivision (1) of subsection 1 and subdivision (4) of
5 subsection 1 of section 650.3004 shall occur only under the following cir cumstances:
6 (1) The person has been convicted of a serious or dangerous felony , as such
7 terms are defined under section 650.3000;
8 (2) The person has been convicted of a felony punishable by imprisonment in the
9 department of corr ections;
10 (3) The person has been convicted within the past five years of a misdemeanor
11 for a crime that is punishable as either a misdemeanor or a felony for , or has been
12 convicted within the last fifteen years of a felony for , any of the following offenses:
13 (a) Assault;
14 (b) Battery;
15 (c) Harassment;
16 (d) Sexual abuse, sexual exploitation, or crimes endangering children ;
17 (e) Child abuse or endangerment;
18 (f) Burglary , r obbery , theft, fraud, forgery , or embezzlement;
19 (g) Driving under the influence of alcohol or drugs, but only for a conviction that
20 is a felony;
21 (h) Obstruction of justice;
HB 3301 7
22 (i) Bribery;
23 (j) Escape fr om custody;
24 (k) Unlawful possession or use of a weapon, fir earm, explosive device, or weapon
25 of mass destruction;
26 (l) An offense involving the felony possession, sale, distribution, manufactur e, or
27 trafficking of control led substances;
28 (m) Institutional vandalism;
29 (n) Gang-re lated offenses;
30 (o) An attempt or a conspiracy to commit an offense specified in this subdivision;
31 (p) A crime res ulting in death, or serious physical injury;
32 (q) Possession or use of a fir earm in the commission of an offense;
33 (r) An offense that would requ ire the individual to reg ister as a sex offender
34 under sections 589.400 to 589.425;
35 (s) False imprisonment, slavery , and human trafficking;
36 (t) Money laundering;
37 (u) Elder abuse;
38 (v) A hate crime;
39 (w) Stalking;
40 (x) Soliciting the commission of a crime;
41 (y) An offense committed while on bail or r eleased on his or her own
42 r ecognizance;
43 (z) Rape, sodomy , or deviate sexual intercou rse;
44 (aa) Kidnapping; or
45 (bb) Involuntary manslaughter while operating a motor vehicle;
46 (4) The person is a curren t r egistrant on the Missouri sex offender regi stry
47 under sections 589.400 to 589.425; or
48 (5) The person has been convicted of a federal crime that meets the definition of
49 an aggravated felony as set forth in subparagraphs (A) to (P), inclusive of paragraph
50 (43) of subsection (a) of Section 101 of the federal Immigration and Nationality Act (8
51 U.S.C. Sec. 1 101), or is identified by the United States Department of Homeland
52 Security's Immigration and Customs Enfor cement as the subject of an outstanding
53 federal felony arr est warrant.
✔
HB 3301 8