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SECOND REGULAR SESSION
HOUSE BILL NO. 3542
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE JOHNSON.
6971H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 1, RSMo, by adding thereto five new sections relating to federal
Immigration and Customs Enforcement operations, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 1, RSMo, is amended by adding thereto five new sections, to be
2 known as sections 1.3080, 1.3082, 1.3084, 1.3086, and 1.3088, to read as follows:
1.3080. 1. The pr ovisions of sections 1.3080 to 1.3088 shall be known and may be
2 r eferr ed to as the "Community Safety and Law Enfor cement Integrity Act".
3 2. For purposes of sections 1.3080 to 1.3088, the following terms mean:
4 (1) "Immigration enfor cement agr eement", a contract, agr eement,
5 intergovernmental service agr eement, or memorandum of understanding with the
6 federal government that authorizes the state, a unit of local government, a county
7 sheriff, or any agency , officer , employee, or agent of the state or a unit of local
8 government to enforce civil immigration law . Such term includes an agre ement made in
9 accordance with 8 U.S.C. Section 1 103, 8 U.S.C. Section 1357, or any other federal law;
10 (2) "Public funds", any funds r eceived or contr olled by the state or any agency
11 or political subdivision ther eof including, but not limited to, funds derived fro m federal,
12 state, or local taxes, gifts or grants fr om any source, public or private, federal grants or
13 payments, or intergovernmental transfers.
14 3. The state, a unit of local government, a county sheriff, or any agency , officer ,
15 employee, or agent of the state or a local government shall not utilize public funds,
16 personnel, or facilities to assist in the investigation, detention, or arres t of individuals for
17 violation of any federal civil immigration 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.
1.3082. 1. The state, a unit of local government, a county sheriff, or any agency ,
2 officer , employee, or agent of the state or a unit of local government shall not enter into,
3 r enew , or otherwise agr ee to be a party to an immigration enfor cement agreement.
4 2. The state, a unit of local government, a county sheriff, or any agency , officer ,
5 employee, or agent of the state or a unit of local government with an existing
6 immigration enfor cement agreement shall exer cise the termination pr ovision contained
7 in the immigration enfor cement agree ment immediately .
8 3. Any entity that violates the pro visions of this section shall be liable for a civil
9 penalty of twenty-five thousand dollars per violation, which shall be paid into the state
10 tr easury to the credit of the public school fund.
11 4. Any person harmed by an entity's violation of this section may pursue a civil
12 action against such entity to seek injunctive r elief or recove r damages.
1.3084. 1. Notwithstanding any other pr ovision of law , any federal law
2 enfor cement agent performing Immigration and Customs Enfor cement (ICE)
3 operations in this state shall visibly display identification that includes the agent's
4 affiliation with ICE and the agent's name or badge number , or both, while performing
5 official duties. Such agents shall not wear facial coverings that conceal or obscur e their
6 facial identity in the performance of official duties, except as expr essly authorized in this
7 section.
8 2. For purposes of this section, "facial covering" means any opaque mask,
9 garment, helmet, headgear , or other item that conceals or obscure s the facial identity of
10 an individual including, but not limited to, a balaclava, tactical mask, gaiter , ski mask,
11 and any similar type of facial covering or face-shielding item. A facial covering does not
12 include any of the following:
13 (1) A translucent face shield or clear mask that does not conceal or obscure the
14 wear er's facial identity;
15 (2) An N95 medical mask or surgical mask worn to pr otect against transmission
16 of disease or infection, or any other mask, helmet, or device including, but not limited to,
17 air -purifying r espirators, full or half masks, or self-contained br eathing apparatus
18 necessary to protect against exposur e to any toxin, gas, smoke, inclement weather , or
19 any other hazardous or harmful envir onmental condition;
20 (3) A mask, helmet, or device including, but not limited to, a self-contained
21 br eathing apparatus, necessary for underwater use;
22 (4) A motorcy cle helmet when worn by an agent utilizing a motorcy cle or other
23 vehicle that requ ires a helmet for safe operation while in the performance of their
24 duties; or
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25 (5) Eyewear necessary to protect fr om the use of r etinal weapons including, but
26 not limited to, lasers.
27 3. This section shall not apply to:
28 (1) Agents performing their duties as under cover operatives during an active
29 under cover operation or as needed to pr otect their identity following the conclusion of
30 an under cover operation; or
31 (2) Agents assigned to a Special Response T eam (SR T) while actively performing
32 their SR T res ponsibilities.
33 4. A willful and knowing violation of this section is punishable as a class A
34 misdemeanor .
1.3086. Any federal law enfor cement agent performing Immigration and
2 Customs Enfor cement (ICE) operations in this state shall be requ ired to pre sent a valid
3 judicial warrant signed by a judge prior to entering a private res idence or nonpublic
4 ar ea of a business. Any agent who violates the provi sions of this section shall be subject
5 to the state tr espass laws under chapter 569.
1.3088. 1. Unless present ed with a valid judicial warrant signed by a judge, no
2 jail administrator or employee of a jail shall disclose to any federal agent performing
3 Immigration and Customs Enfor cement (ICE) operations in this state any information
4 r elating to an offender's rel ease date.
5 2. Any person who revea ls information in violation of subsection 1 of this section
6 shall be subject to disciplinary action, including a thirty-day suspension in pay , and shall
7 be subject to a five-thousand-dollar fine, which shall be paid into the state tr easury to
8 the credi t of the public school fund.
✔
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