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SECOND REGULAR SESSION
HOUSE JOINT
RESOLUTION NO. 1 10
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE WHALEY .
3901H.01I JOSEPH ENGLER, Chief Clerk
JOINT RESOLUTION
Submitting to the qualified voters of Missouri an amendment to Article VII of the
Constitution of Missouri, by adopting two new sections relating to sheriff s.
Be it r esolved by the House of Repr esentatives, the Senate concurring ther ein:
That at the next general election to be held in the state of Missouri, on T uesday next
2 following the first Monday in November , 2026, or at a special election to be called by the
3 governor for that purpose, there is hereby submitted to the qualified voters of this state, for
4 adoption or rejection, the following amendment to Article VII of the Constitution of the state
5 of Missouri:
Section A. Article VII, Constitution of Missouri, is amended by adopting two new
2 sections, to be known as Sections 15 and 16, to read as follows:
Section 15. 1. Except as pr ovided in subsection 2 of this section, each county
2 shall elect a sheriff for a term of four years by a majority of the qualified voters of the
3 county voting ther eon at the time of voting designated for such office pr ovided by law as
4 of the effective date of this section and every four years ther eafter .
5 2. The pr ovisions of subsection 1 of this section shall not apply to a county in
6 which the office of sheriff is not an elected office as of the effective date of this section.
7 Such county may r estore the office of sheriff as an elected office as pro vided by law , and
8 such r estoration shall be irrevoca ble. A county that res tor es the office of sheriff as an
9 elected office shall elect a sheriff by a majority of the qualified voters of the county
10 voting ther eon for a term of four years.
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.
11 3. The elected sheriff shall be the chief law enforcem ent officer in his or her
12 county and shall be notified of all federal investigations in his or her county .
13 Notwithstanding Article IV , Section 18(a) or any other article of the Constitution of
14 Missouri to the contrary , every sheriff, in addition to duties as set in law , shall:
15 (1) Quell and suppr ess assaults, batteries, riots, rou ts, affrays, and insurr ections;
16 (2) Appr ehend and commit to jail all felons and traitors;
17 (3) Attend each division of the cir cuit court pr esided over by a cir cuit or
18 associate cir cuit court judge held in the sheriff's county , when so directed by the court;
19 and
20 (4) Execute pro cess, including writs of repl evin, attachments, and final pro cess
21 issued by circui t court and associate circu it court judges, unless the sheriff of the county
22 does not perform such duties as of August 28, 2026.
23 4. Every sheriff is a conservator of the peace within his or her county and shall
24 cause all offenders against law to appear at the next term of the cir cuit or associate court
25 of the county , and to be committed to jail in case of failure to give the r ecognizance.
26 5. The sheriff of each county shall hir e and appoint such deputies, assistants, and
27 other employees as the sheriff deems necessary for the pro per discharge of the duties of
28 his or her office, who shall hold office at the will and pleasur e of the sheriff, and the
29 sheriff may set their compensation within the limits of the allocations made for that
30 purpose.
31 6. An elected county sheriff shall not be rem oved fr om office before the end of
32 his or her term except by writ of quo warranto initiated by the attorney general.
Section 16. Because sheriffs are part of the administration of justice, the general
2 assembly may levy court costs and fees to support salaries or benefits for sheriffs and
3 r etir ed sheriffs.
Section B. Pursuant to chapter 1 16, and other applicable constitutional provisions and
2 laws of this state allowing the general assembly to adopt ballot language for the submission of
3 this joint resolution to the voters of this state, the of ficial summary statement of this
4 resolution shall be as follows:
5 "Shall the Missouri Constitution be amended to support law enforcement by
6 preserving the right of citizens to elect a county sheriff , prohibiting the removal of a county
7 sherif f except by the attorney general, and protecting funding for law enforcement official s?".
✔
HJR 1 10 2