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SECOND REGULAR SESSION
SENATE BILL NO. 1745
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR LEWIS.
7394S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 590.192, RSMo, and to enact in lieu thereof one new section relating to the
critical incident management program.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 590.192, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 590.192, 2
to read as follows:3
590.192. 1. There is hereby established the "Critical 1
Incident Stress Management Program" within the department of 2
public safety. The program shall provide services for peace 3
officers and first responders to assist in coping with 4
stress and potential psychological trauma resulting from a 5
response to a critical incident or emotionally difficult 6
event. Such services may include consultation, risk 7
assessment, education, intervention, and other crisis 8
intervention services provided by the department to peace 9
officers and first responders affected by a critical 10
incident. For purposes of this section, a "critical 11
incident" shall mean any event outside the usual realm of 12
human experience that is markedly distressing or evokes 13
reactions of intense fear, helplessness, or horror and 14
involves the perceived threat to a person's physical 15
integrity or the physical integrity of someone else. For 16
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purposes of this section, the term "first responder" shall 17
have the same meaning as first responder in section 190.1010. 18
2. All peace officers and first responders shall be 19
required to meet with a program service provider once every 20
three to five years for a mental health check-in, or a 21
department established behavioral health or mental health 22
program that meets the requirements of subsection 1 which 23
shall satisfy this requirement. The program service 24
provider shall send a notification to the peace officer's 25
commanding officer, or first responder's commanding officer, 26
or first responder's director or supervisor that he or she 27
completed such check-in. 28
3. Any information disclosed by a peace officer or 29
first responder shall be privileged and shall not be used as 30
evidence in criminal, administrative, or civil proceedings 31
against the peace officer or first responder unless: 32
(1) A program representative reasonably believes the 33
disclosure is necessary to prevent harm to a person who 34
received services or to prevent harm to another person; 35
(2) The person who received the services provides 36
written consent to the disclosure; or 37
(3) The person receiving services discloses 38
information that is required to be reported under mandatory 39
reporting laws. 40
4. (1) There is hereby created in the state treasury 41
the "988 Public Safety Fund", which shall consist of moneys 42
appropriated by the general assembly. The state treasurer 43
shall be custodian of the fund. In accordance with sections 44
30.170 and 30.180, the state treasurer may approve 45
disbursements. The fund shall be a dedicated fund and 46
moneys in the fund shall be used solely by the department of 47
public safety for the purposes of providing services for 48
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peace officers and first responders to assist in coping with 49
stress and potential psychological trauma resulting from a 50
response to a critical incident or emotionally difficult 51
event pursuant to subsection 1 of this section. Such 52
services may include consultation, risk assessment, 53
education, intervention, and other crisis intervention 54
services provided by the department to peace officers or 55
first responders affected by a critical incident. The 56
director of public safety may prescribe rules and 57
regulations necessary to carry out the provisions of this 58
section. Any rule or portion of a rule, as that term is 59
defined in section 536.010, that is created under the 60
authority delegated in this section shall become effective 61
only if it complies with and is subject to all of the 62
provisions of chapter 536 and, if applicable, section 63
536.028. This section and chapter 536 are nonseverable and 64
if any of the powers vested with the general assembly 65
pursuant to chapter 536 to review, to delay the effective 66
date, or to disapprove and annul a rule are subsequently 67
held unconstitutional, then the grant of rulemaking 68
authority and any rule proposed or adopted after August 28, 69
2021, shall be invalid and void. 70
(2) Notwithstanding the provisions of section 33.080 71
to the contrary, any moneys remaining in the fund at the end 72
of the biennium shall not revert to the credit of the 73
general revenue fund. 74
(3) The state treasurer shall invest moneys in the 75
fund in the same manner as other funds are invested. Any 76
interest and moneys earned on such investments shall be 77
credited to the fund. 78
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