Mo. Rev. Stat. ch. 590

Mo. Rev. Stat. ch. 590
in effect

Mo. Rev. Stat. § 590.010 Definitions.

590.010. Definitions. — As used in this chapter, the following terms mean: (1) "Commission" , when not obviously referring to the POST commission, means a grant of authority to act as a peace officer; (2) "Director" , the director of the Missouri department of public safety or his or her designated agent or representative; (3) "Peace officer" , a law enforcement officer of the state or any political subdivision of the state with the power of arrest for a violation of the criminal code or declared or deemed to be a peace officer by state statute; (4) "POST commission" , the peace officer standards and training commission; (5) "Reserve peace officer" , a peace officer who regularly works less than thirty hours per week; (6) "School protection officer" , an employee of a school district or charter school who has been designated as a school protection officer. (L. 2001 H.B. 80, A.L. 2014 S.B. 656, A.L. 2026 H.B. 1866)

Mo. Rev. Stat. § 590.020 Peace officer license required, when - classes of officers established - no ...

590.020. Peace officer license required, when — classes of officers established — no license required, when. — 1. No person shall hold a commission as a peace officer without a valid peace officer license. 2. The director shall establish various classes of peace officer license and may provide that certain classes are not valid for commission within counties of certain classifications, by certain state agencies, or for commission as other than a reserve peace officer with police powers restricted to the commissioning political subdivision. 3. Notwithstanding any other provision of this chapter, no license shall be required: (1) Of any person who has no power of arrest; (2) To seek or hold an elected county office, subject to such requirements as chapter 57 may impose; (3) To be commissioned pursuant to section 64.335 as a park ranger not carrying a firearm; (4) To be commissioned as a peace officer by a political subdivision having less than four full-time paid peace officers or a population less than two thousand, provided that such commission was in effect on August 28, 2001, and continually since that date, and provided that this exception shall not apply to any commission within a county of the first class having a charter form of government; (5) Of any reserve officer continually holding the same commission since August 15, 1988; or (6) For any person continually holding any commission as a full-time peace officer since December 31, 1978. 4. Any political subdivision or law enforcement agency may require its peace officers to meet standards more stringent than those required for licensure pursuant to this chapter. (L. 2001 H.B. 80)

Mo. Rev. Stat. § 590.030 Basic training, minimum standards established - age, citizenship and ...

590.030. Basic training, minimum standards established — age, citizenship and education requirements established by director — issuance of a license — federal Rap Back program, agencies to enroll. — 1. The POST commission shall establish minimum standards for the basic training of peace officers. Such standards may vary for each class of license established pursuant to subsection 2 of section 590.020 . 2. The director shall establish minimum age, citizenship, and general education requirements and may require a qualifying score on a certification examination as conditions of eligibility for a peace officer license. Such general education requirements shall require completion of a high school program of education under chapter 167 or obtainment of a General Educational Development (GED) certificate. 3. The director shall provide for the licensure, with or without additional basic training, of peace officers possessing credentials by other states or jurisdictions, including federal and military law enforcement officers. 4. The director shall establish a procedure for obtaining a peace officer license and shall issue the proper license when the requirements of this chapter have been met. 5. As conditions of licensure, all licensed peace officers shall: (1) Obtain continuing law enforcement education pursuant to rules to be promulgated by the POST commission; (2) Maintain a current address of record on file with the director; and (3) Submit to being fingerprinted on or before January 1, 2022, and at any time a peace officer is commissioned with a different law enforcement agency, for the purposes of a criminal history background check and enrollment in the state and federal Rap Back programs, pursuant to section 43.540 . The criminal history background check shall include the records of the Federal Bureau of Investigation. The resulting report shall be forwarded to the officer's commissioning law enforcement agency at the time of enrollment and Rap Back enrollment shall be for the purpose of the requirements of subsection 3 of section 590.070 and subsection 2 of section 590.118 . An officer shall take all necessary steps to maintain enrollment in Rap Back at all law enforcement agencies where the officer is commissioned for as long as the officer is commissioned with a law enforcement agency or that agency. 6. A peace officer license shall automatically expire if the licensee fails to hold a commission as a peace officer for a period of five consecutive years, provided that the POST commission shall provide for the relicensure of such persons and may require retraining as a condition of eligibility for relicensure, and provided that the director may provide for the continuing licensure, subject to restrictions, of persons who hold and exercise a law enforcement commission requiring a peace officer license but not meeting the definition of a peace officer pursuant to this chapter. 7. All law enforcement agencies shall enroll in the state and federal Rap Back programs on or before January 1, 2022, and continue to remain enrolled. The law enforcement agency shall take all necessary steps to maintain officer enrollment for all officers commissioned with that agency in the Rap Back programs. An officer shall submit to being fingerprinted at any law enforcement agency upon commissioning and for as long as the officer is commissioned with that agency. (L. 2001 H.B. 80, A.L. 2009 S.B. 47, A.L. 2021 S.B. 26 merged with S.B. 53 & 60)

Mo. Rev. Stat. § 590.033 Chief of police training course, POST commission to establish minimum ...

590.033. Chief of police training course, POST commission to establish minimum standards — exemption, when — failure to complete, loss of funds — compensation. — 1. The POST commission shall establish minimum standards for a chief of police training course which shall include at least forty hours of training. All police chiefs appointed after August 28, 2023, shall attend a chief of police training course certified by the POST commission not later than six months after the person's appointment as a chief of police. 2. A chief of police may request an exemption from the training in subsection 1 of this section by submitting to the POST commission proof of completion of the Federal Bureau of Investigation's national academy course or any other equivalent training course within the previous ten years or at least five years of experience as a police chief in a Missouri law enforcement agency. 3. Any law enforcement agency who has a chief of police appointed after August 28, 2023, who fails to complete a chief of police training course within six months of appointment shall be precluded from receiving any POST commission training funds, state grant funds, or federal grant funds until the police chief has completed the training course. 4. While attending a chief of police training course, the chief of police shall receive compensation in the same manner and amount as if carrying out the powers and duties of the chief of police. The cost of the chief of police training course may be paid by moneys from the peace officer standards and training commission fund created in section 590.178 . (L. 2023 S.B. 186)

Mo. Rev. Stat. § 590.040 Minimum hours of basic training required.

590.040. Minimum hours of basic training required. — 1. The POST commission shall set the minimum number of hours of basic training for licensure as a peace officer no lower than six hundred, with the following exceptions: (1) Up to one thousand hours may be mandated for any class of license required for commission by a state law enforcement agency; (2) As few as one hundred twenty hours may be mandated for any class of license restricted to commission as a reserve peace officer with police powers limited to the commissioning political subdivision; (3) Persons validly licensed on August 28, 2001, may retain licensure without additional basic training; (4) Persons licensed and commissioned within a county of the third classification before July 1, 2002, may retain licensure with one hundred twenty hours of basic training if the commissioning political subdivision has adopted an order or ordinance to that effect; (5) Persons serving as a reserve officer on August 27, 2001, within a county of the first classification or a county with a charter form of government and with more than one million inhabitants on August 27, 2001, having previously completed a minimum of one hundred sixty hours of training, shall be granted a license necessary to function as a reserve peace officer only within such county. For the purposes of this subdivision, the term "reserve officer" shall mean any person who serves in a less than full-time law enforcement capacity, with or without pay and who, without certification, has no power of arrest and who, without certification, must be under the direct and immediate accompaniment of a certified peace officer of the same agency at all times while on duty; and (6) The POST commission shall provide for the recognition of basic training received at law enforcement training centers of other states, the military, the federal government and territories of the United States regardless of the number of hours included in such training and shall have authority to require supplemental training as a condition of eligibility for licensure. 2. The director shall have the authority to limit any exception provided in subsection 1 of this section to persons remaining in the same commission or transferring to a commission in a similar jurisdiction. 3. The basic training of every peace officer, except agents of the conservation commission, shall include at least thirty hours of training in the investigation and management of cases involving domestic and family violence. Such training shall include instruction, specific to domestic and family violence cases, regarding: report writing; physical abuse, sexual abuse, child fatalities and child neglect; interviewing children and alleged perpetrators; the nature, extent and causes of domestic and family violence; the safety of victims, other family and household members and investigating officers; legal rights and remedies available to victims, including rights to compensation and the enforcement of civil and criminal remedies; services available to victims and their children; the effects of cultural, racial and gender bias in law enforcement; and state statutes. Said curriculum shall be developed and presented in consultation with the department of health and senior services, the children's division, public and private providers of programs for victims of domestic and family violence, persons who have demonstrated expertise in training and education concerning domestic and family violence, and the Missouri coalition against domestic violence. 4. The basic training of every peace officer first licensed on or after August 28, 2027, shall include at least six hours of training concerning the prohibition against racial profiling and such training shall promote understanding and respect for racial and cultural differences and the use of effective, noncombative methods for carrying out law enforcement duties in a racially and culturally diverse environment. Such training shall include two hours of racial profiling training, two hours of implicit bias training, and two hours of de-escalation training. (L. 2001 H.B. 80, A.L. 2005 H.B. 353, A.L. 2007 H.B. 41, A.L. 2014 H.B. 1299 Revision, A.L. 2023 S.B. 186, A.L. 2025 H.B. 495) Severability clause, see § 1.1001

Mo. Rev. Stat. § 590.050 Continuing education requirements.

590.050. Continuing education requirements. — 1. The POST commission shall establish requirements for the continuing education of all peace officers. Peace officers who make traffic stops shall be required to receive three hours of training within the law enforcement continuing education three-year * reporting period concerning the prohibition against racial profiling and such training shall promote understanding and respect for racial and cultural differences and the use of effective, noncombative methods for carrying out law enforcement duties in a racially and culturally diverse environment. 2. The director shall license continuing education providers and may probate, suspend and revoke such licenses upon written notice stating the reasons for such action. Any person aggrieved by a decision of the director pursuant to this subsection may appeal as provided in chapter 536 . 3. The costs of continuing law enforcement education shall be reimbursed in part by moneys from the peace officer standards and training commission fund created in section 590.178 , subject to availability of funds, except that no such funds shall be used for the training of any person not actively commissioned or employed by a county or municipal law enforcement agency. 4. The director may engage in any activity intended to further the professionalism of peace officers through training and education, including the provision of specialized training through the department of public safety. (L. 2001 H.B. 80, A.L. 2008 H.B. 2224 merged with S.B. 930 & 947 merged with S.B. 932) *Word "hour" appears here in original rolls of S.B. 930 & 947, 2008.

Mo. Rev. Stat. § 590.060 Minimum standards for training instructors and centers - licensure of ...

590.060. Minimum standards for training instructors and centers — licensure of instructors — background check required, when. — 1. The POST commission shall establish minimum standards for training instructors and training centers, and the director shall establish minimum qualifications for admittance into a basic training course. 2. The director shall license training instructors, centers, and curricula, and may probate, suspend and revoke such licenses upon written notice stating the reasons for such action. Any person aggrieved by a decision pursuant to this subsection may appeal as provided in chapter 536 . 3. Each person seeking entrance into a basic training program shall submit fingerprints for the purpose of conducting a state and federal fingerprint-based background check. Fingerprints and any required fees shall be sent to the Missouri state highway patrol's central repository. The fingerprints shall be used for searching the state criminal records repository and shall also be forwarded to the Federal Bureau of Investigation for a federal criminal records search under section 43.540 . The Missouri state highway patrol shall notify the director of any criminal history record information or lack of criminal history record information discovered on the individual. Notwithstanding the provisions of section 610.120 to the contrary, all records related to any criminal history information discovered shall be accessible and available to the director. (L. 2001 H.B. 80, A.L. 2025 S.B. 71 merged with S.B. 81 & 174)

Mo. Rev. Stat. § 590.070 Commissioning and departure of peace officers, director to be notified - ...

590.070. Commissioning and departure of peace officers, director to be notified — immunity from liability, chief executive officer, when. — 1. The chief executive officer of each law enforcement agency shall, within thirty days after commissioning any peace officer, notify the director on a form to be adopted by the director. The director may require the chief executive officer to conduct a current criminal history background check and to forward the resulting report to the director. 2. The chief executive officer of each law enforcement agency shall, within thirty days after any licensed peace officer departs from employment or otherwise ceases to be commissioned, notify the director on a form to be adopted by the director. Such notice shall state the circumstances surrounding the departure from employment or loss of commission and shall specify any of the following that apply: (1) The officer failed to meet the minimum qualifications for commission as a peace officer; (2) The officer violated municipal, state or federal law; (3) The officer violated the regulations of the law enforcement agency; or (4) The officer was under investigation for violating municipal, state or federal law, or for gross violations of the law enforcement agency regulations. 3. Whenever the chief executive officer of a law enforcement agency has reasonable grounds to believe that any peace officer commissioned by the agency is subject to discipline pursuant to section 590.080 , the chief executive officer shall report such knowledge to the director. 4. Notwithstanding any other provision of law to the contrary, the chief executive officer of each law enforcement agency has absolute immunity from suit for compliance with this section, unless the chief executive officer presented false information to the director with the intention of causing reputational harm to the peace officer. (L. 2001 H.B. 80, A.L. 2021 S.B. 53 & 60)

Mo. Rev. Stat. § 590.075 Candidates for commissioning, chief executive officer to request copy of ...

590.075. Candidates for commissioning, chief executive officer to request copy of notifications under 590.070 — certified copy prior to commissioning. — The chief executive officer of each law enforcement agency shall, prior to commissioning any peace officer, request a certified copy from the director of all notifications received pursuant to section 590.070 and the director shall provide all notifications stored electronically to the chief executive officer who requested the notifications within three business days after receipt of request. If the director receives any additional notifications regarding the candidate for commissioning within sixty days of a chief executive officer's request under this section, a copy of such notifications shall be forwarded by the director to the requesting chief executive officer within three business days following receipt. (L. 2021 S.B. 53 & 60)

Mo. Rev. Stat. § 590.080 Discipline of peace officers, grounds - complaint filed, hearing.

590.080. Discipline of peace officers, grounds — complaint filed, hearing. — 1. As used in this section, the following terms shall mean: (1) "Gross misconduct" , includes any willful and wanton or unlawful conduct motivated by premeditated or intentional purpose or by purposeful indifference to the consequences of one's acts; (2) "Moral turpitude" , the wrongful quality shared by acts of fraud, theft, bribery, illegal drug use, sexual misconduct, and other similar acts as defined by the common law of Missouri; (3) "Reckless disregard" , a conscious disregard of a substantial risk that circumstances exist or that a result will follow, and such failure constitutes a gross deviation from the standard of care that a reasonable peace officer would exercise in the situation. 2. The director shall have cause to discipline any peace officer licensee who: (1) Is unable to perform the functions of a peace officer with reasonable competency or reasonable safety; (2) Has committed any criminal offense, whether or not a criminal charge has been filed, has been convicted, or has entered a plea of guilty or nolo contendere, in a criminal prosecution under the laws of any state, or the United States, or of any country, regardless of whether or not sentence is imposed; (3) Has committed any act that involves moral turpitude or a reckless disregard for the safety of the public or any person; (4) Has caused a material fact to be misrepresented for the purpose of obtaining or retaining a peace officer commission or any license issued pursuant to this chapter; (5) Has violated a condition of any order of probation lawfully issued by the director; (6) Has violated a provision of this chapter or a rule promulgated pursuant to this chapter; (7) Has tested positive for a controlled substance, as defined in chapter 195 , without a valid prescription for the controlled substance, except as otherwise provided by law or by any provision of the Constitution of Missouri; (8) Is subject to an order of another state, territory, the federal government, or any peace officer licensing authority suspending or revoking a peace officer license or certification; or (9) Has committed any act of gross misconduct indicating inability to function as a peace officer. 3. When the director has knowledge of cause to discipline a peace officer license pursuant to this section, the director may cause a complaint to be filed with the administrative hearing commission, which shall conduct a hearing to determine whether the director has cause for discipline, and which shall issue findings of fact and conclusions of law on the matter. The administrative hearing commission shall not consider the relative severity of the cause for discipline or any rehabilitation of the licensee or otherwise impinge upon the discretion of the director to determine appropriate discipline when cause exists pursuant to this section. 4. Upon a finding by the administrative hearing commission that cause to discipline exists, the director shall, within thirty days, hold a hearing to determine the form of discipline to be imposed and thereafter shall probate, suspend, or permanently revoke the license at issue. If the licensee fails to appear at the director's hearing, this shall constitute a waiver of the right to such hearing. 5. Notice of any hearing pursuant to this chapter or section may be made by certified mail to the licensee's address of record pursuant to subdivision (2) of subsection 3 of section 590.130 * . Proof of refusal of the licensee to accept delivery or the inability of postal authorities to deliver such certified mail shall be evidence that required notice has been given. Notice may be given by publication. 6. Nothing contained in this section shall prevent a licensee from informally disposing of a cause for discipline with the consent of the director by voluntarily surrendering a license or by voluntarily submitting to discipline. 7. The provisions of chapter 621 and any amendments thereto, except those provisions or amendments that are in conflict with this chapter, shall apply to and govern the proceedings of the administrative hearing commission and pursuant to this section the rights and duties of the parties involved. (L. 2001 H.B. 80, A.L. 2023 S.B. 186) *Section 590.130 was repealed by H.B. 80, 2001. (2019) Section involving grounds for disciplining a peace officer does not violate the separation of powers; the authority given the Administrative Hearing Commission to make a factual determination does not include adjudication of the licensee's criminal liability or imposition of criminal punishment. O'Brien v. Department of Public Safety, 589 S.W.3d 560 (Mo.banc).

Mo. Rev. Stat. § 590.090 Suspension of a license, when, procedure.

590.090. Suspension of a license, when, procedure. — 1. The director shall have cause to suspend immediately the peace officer license of any licensee who: (1) Is under indictment for, is charged with, or has been convicted of the commission of any felony; (2) Is subject to an order of another state, territory, the federal government, or any peace officer licensing authority suspending or revoking a peace officer license or certification; or (3) Presents a clear and present danger to the public health or safety if commissioned as a peace officer. 2. At any time after the filing of a disciplinary complaint pursuant to section 590.080 , if the director determines that probable cause exists to suspend immediately the peace officer license of the subject of the complaint, the director may, without notice or hearing, issue an emergency order suspending such license until final determination of the disciplinary complaint. Such order shall state the probable cause for the suspension and shall be served upon the licensee by certified mail at the licensee's address of record pursuant to subdivision (2) of subsection 3 of section 590.130 * . Proof of refusal of the licensee to accept delivery or the inability of postal authorities to deliver such certified mail shall be evidence that required notice has been given. The director shall also notify the chief executive officer of any law enforcement agency currently commissioning the officer. The director shall have authority to dissolve an emergency order of suspension at any time for any reason. 3. A licensee subject to an emergency order of suspension may petition the administrative hearing commission for review of the director's determination of probable cause, in which case the administrative hearing commission shall within five business days conduct an emergency hearing, render its decision, and issue findings of fact and conclusions of law. Sworn affidavits or depositions shall be admissible on the issue of probable cause and may be held sufficient to establish probable cause. The administrative hearing commission shall have no authority to stay or terminate an emergency order of suspension without a hearing pursuant to this subsection. Findings and conclusions made in determining probable cause for an emergency suspension shall not be binding on any party in any proceeding pursuant to section 590.080 . 4. Any party aggrieved by a decision of the administrative hearing commission pursuant to this section may appeal to the circuit court of Cole County as provided in section 536.100 . (L. 2001 H.B. 80) *Section 590.130 was repealed by H.B. 80, 2001.

Mo. Rev. Stat. § 590.100 Denial of an application, when - review process.

590.100. Denial of an application, when — review process. — 1. The director shall have cause to deny any application for a peace officer license or entrance into a basic training course when the director has knowledge that would constitute cause to discipline the applicant if the applicant were licensed. 2. The director shall have cause to deny any application for a peace officer license or entrance into a basic training course when the applicant had a peace officer license or certification that was revoked or surrendered. 3. When the director has knowledge of cause to deny an application pursuant to this section, the director may grant the application subject to probation or may deny the application. The director shall notify the applicant in writing of the reasons for such action and of the right to appeal pursuant to this section. 4. Any applicant aggrieved by a decision of the director pursuant to this section may appeal within thirty days to the administrative hearing commission, which shall conduct a hearing to determine whether the director has cause for denial, and which shall issue findings of fact and conclusions of law on the matter. The administrative hearing commission shall not consider the relative severity of the cause for denial or any rehabilitation of the applicant or otherwise impinge upon the discretion of the director to determine whether to grant the application subject to probation or deny the application when cause exists pursuant to this section. Failure to submit a written request for a hearing to the administrative hearing commission within thirty days after a decision of the director pursuant to this section shall constitute a waiver of the right to appeal such decision. 5. Upon a finding by the administrative hearing commission that cause for denial exists, the director shall not be bound by any prior action on the matter and shall, within thirty days, hold a hearing to determine whether to grant the application subject to probation or deny the application. If the licensee fails to appear at the director's hearing, this shall constitute a waiver of the right to such hearing. 6. The provisions of chapter 621 and any amendments thereto, except those provisions or amendments that are in conflict with this chapter, shall apply to and govern the proceedings of the administrative hearing commission pursuant to this section and the rights and duties of the parties involved. (L. 1978 H.B. 879 & 899 § 1, A.L. 1988 S.B. 532, A.L. 1993 S.B. 268, A.L. 2001 H.B. 80, A.L. 2026 H.B. 1866)

Mo. Rev. Stat. § 590.110 Investigation of denial of licensure, procedure.

590.110. Investigation of denial of licensure, procedure. — 1. The director may investigate any cause for the discipline of any license or denial of any application pursuant to this chapter. During the course of such investigation, the director shall have the power to inspect any training center, require by subpoena the attendance and sworn deposition of any witness and the production of any documents, records, or evidence that the director deems relevant. Subpoenas shall be served by a person authorized to serve subpoenas of courts of record. In lieu of the production of any document or record, the director may require that a sworn copy of such document or record be delivered to the director. 2. The director may apply to the circuit court of Cole County or of any county where the person resides or may be found for an order upon any person who shall fail to obey a subpoena to show cause why such subpoena should not be enforced. A show cause order and a copy of the application shall be served upon the person in the same manner as a summons in a civil action. If, after a hearing, the circuit court determines that the subpoena should be enforced, the court shall proceed to enforce the subpoena in the same manner as in a civil case. (L. 1978 H.B. 879 & 899 § 3, A.L. 1988 S.B. 532, A.L. 1993 S.B. 268, A.L. 1994 S.B. 475, A.L. 2001 H.B. 80)

Mo. Rev. Stat. § 590.118 Peace officer investigations made available to hiring law enforcement agencies.

590.118. Peace officer investigations made available to hiring law enforcement agencies. — 1. All completed investigations of alleged acts of a peace officer shall be made available to any hiring law enforcement agency. The transfer of any law enforcement agency record to another law enforcement agency does not make the record a public record. 2. Any law enforcement agency with information showing a peace officer's unfitness for licensure shall provide such information to the peace officer's standards and training commission. (L. 2004 S.B. 1211)

Mo. Rev. Stat. § 590.120 Peace officer standards and training commission established - members, ...

590.120. Peace officer standards and training commission established — members, qualifications, appointment — terms — duties — removal from office — vacancies — chairperson, appointment — rules and regulations, authority. — 1. There is hereby established within the department of public safety a "Peace Officer Standards and Training Commission" which shall be composed of eleven members, including a voting public member, appointed by the governor, by and with the advice and consent of the senate, from a list of qualified candidates submitted to the governor by the director of the department of public safety. No more than two members of the POST commission shall reside in the same congressional district as any other at the time of their appointments but this provision shall not apply to the public member. Three members of the POST commission shall be police chiefs, three members shall be sheriffs, one member shall represent a state law enforcement agency covered by the provisions of this chapter, two members shall be peace officers at or below the rank of sergeant employed by a political subdivision, and one member shall be a chief executive officer of a certified training academy. The public member shall be at the time of appointment a registered voter; a person who is not and never has been a member of any profession certified or regulated under this chapter or the spouse of such person; and a person who does not have and never has had a material financial interest in either the providing of the professional services regulated by this chapter, or an activity or organization directly related to any profession certified or regulated under this chapter. Each member of the POST commission shall have been at the time of his appointment a citizen of the United States and a resident of this state for a period of at least one year, and members who are peace officers shall be qualified as established by this chapter. No member of the POST commission serving a full term of three years may be reappointed to the POST commission until at least one year after the expiration of his most recent term. 2. Three of the original members of the POST commission shall be appointed for terms of one year, three of the original members shall be appointed for terms of two years, and three of the original members shall be appointed for terms of three years. Thereafter the terms of the members of the POST commission shall be for three years or until their successors are appointed. The director may remove any member of the POST commission for misconduct or neglect of office. Any member of the POST commission may be removed for cause by the director but such member shall first be presented with a written statement of the reasons thereof, and shall have a hearing before the POST commission if the member so requests. Any vacancy in the membership of the commission shall be filled by appointment for the unexpired term. No two members of the POST commission shall be employees of the same law enforcement agency. 3. Annually the director shall appoint one of the members as chairperson. The POST commission shall meet at least twice each year as determined by the director or a majority of the members to perform its duties. A majority of the members of the POST commission shall constitute a quorum. 4. No member of the POST commission shall receive any compensation for the performance of his official duties. 5. The POST commission shall guide and advise the director concerning duties pursuant to this chapter. (L. 1978 H.B. 879 & 899 § 5, A.L. 1988 S.B. 532, A.L. 1993 S.B. 52 merged with S.B. 268, A.L. 1995 S.B. 3, A.L. 2001 H.B. 80, A.L. 2007 S.B. 270)

Mo. Rev. Stat. § 590.145 Highway patrol academy fund created - use of funds therein.

590.145. Highway patrol academy fund created — use of funds therein. — All moneys received by the Missouri state highway patrol for the training of peace officers who are not members of the state highway patrol shall be deposited in the state treasury to the credit of the "Highway Patrol Academy Fund" which is hereby created. Subject to section 33.080 , balances from this fund shall be made available for the repair, maintenance, operation, and personal services required to operate the patrol academy and for no other purpose. (L. 1978 H.B. 879 & 899 § 10)

Mo. Rev. Stat. § 590.178 Peace officer standards and training commission fund established.

590.178. Peace officer standards and training commission fund established. — 1. There is hereby created in the state treasury the "Peace Officer Standards and Training Commission Fund". The peace officer standards and training commission fund shall be administered by the peace officer standards and training commission. Money in the fund shall be used solely for training required as provided in sections 590.100 to 590.180 , or for additional training for peace officers or for training for other law enforcement employees appointed by the county or municipality as approved by the commission. All interest earned upon moneys in the fund shall be credited to the peace officer standards and training commission fund. 2. The provisions of section 33.080 to the contrary notwithstanding, moneys in the peace officer standards and training fund shall not be transferred and placed to the credit of the general revenue fund. (L. 1993 S.B. 268 § 1, A.L. 1994 S.B. 475)

Mo. Rev. Stat. § 590.180 Licensure status of peace officer inadmissible in determining validity of ...

590.180. Licensure status of peace officer inadmissible in determining validity of arrest — open records of peace officers. — 1. No arrest shall be deemed unlawful solely because of the licensure status of a peace officer, and evidence on the question cannot be received in any civil or criminal case. 2. The name, licensure status, and commissioning or employing law enforcement agency, if any, of applicants and licensees pursuant to this chapter shall be an open record. All other records retained by the director pertaining to any applicant or licensee shall be confidential and shall not be disclosed to the public or any member of the public, except with written consent of the person or entity whose records are involved, provided, however, that the director may disclose such information in the course of voluntary interstate exchange of information, during the course of litigation involving the director, to other state agencies, or, upon a final determination of cause to discipline, to law enforcement agencies. No closed record conveyed to the director pursuant to this chapter shall lose its status as a closed record solely because it is retained by the director. Nothing in this section shall be used to compel the director to disclose any record subject to attorney-client privilege or work-product privilege. 3. In any investigation, hearing, or other proceeding pursuant to this chapter, any record relating to any applicant or licensee shall be discoverable by the director and shall be admissible into evidence, regardless of any statutory or common law privilege or the status of any record as open or closed, including records in criminal cases whether or not a sentence has been imposed. No person or entity shall withhold records or testimony bearing upon the fitness to be commissioned as a peace officer of any applicant or licensee on the ground of any privilege involving the applicant or licensee, with the exception of attorney-client privilege. 4. Any person or entity submitting information to the director pursuant to this chapter and doing so in good faith and without negligence shall be immune from all criminal and civil liability arising from the submission of such information and no cause of action of any nature shall arise against such person. 5. No person shall make any unauthorized use of any testing materials or certification examination administered pursuant to subsection 2 of section 590.030 . (L. 1988 S.B. 532, A.L. 2001 H.B. 80)

Mo. Rev. Stat. § 590.190 Rulemaking authority.

590.190. Rulemaking authority. — The director is authorized to promulgate rules and regulations to implement the provisions of this chapter. Any rule or portion of a rule, as that term is defined in section 536.010 , that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028 . This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2001, shall be invalid and void. (L. 2001 H.B. 80, A.L. 2007 S.B. 270)

Mo. Rev. Stat. § 590.192 Critical incident stress management program, purpose - services to be ...

590.192. Critical incident stress management program, purpose — services to be provided — requirements — confidentiality of information — fund created, use of moneys. — 1. There is hereby established the "Critical Incident Stress Management Program" within the department of public safety. The program shall provide services for peace officers and first responders to assist in coping with stress and potential psychological trauma resulting from a response to a critical incident or emotionally difficult event. Such services may include consultation, risk assessment, education, intervention, and other crisis intervention services provided by the department to peace officers and first responders affected by a critical incident. For purposes of this section, a "critical incident" shall mean any event outside the usual realm of human experience that is markedly distressing or evokes reactions of intense fear, helplessness, or horror and involves the perceived threat to a person's physical integrity or the physical integrity of someone else. For purposes of this section, the term "first responder" shall have the same meaning as first responder in section 190.1010 . 2. All peace officers and first responders shall be required to meet with a program service provider once every three to five years for a mental health check-in. The program service provider shall send a notification to the peace officer's commanding officer or first responder's director or supervisor that he or she completed such check-in. 3. Any information disclosed by a peace officer or first responder shall be privileged and shall not be used as evidence in criminal, administrative, or civil proceedings against the peace officer or first responder unless: (1) A program representative reasonably believes the disclosure is necessary to prevent harm to a person who received services or to prevent harm to another person; (2) The person who received the services provides written consent to the disclosure; or (3) The person receiving services discloses information that is required to be reported under mandatory reporting laws. 4. (1) There is hereby created in the state treasury the "988 Public Safety Fund", which shall consist of moneys appropriated by the general assembly. The state treasurer shall be custodian of the fund. In accordance with sections 30.170 and 30.180 , the state treasurer may approve disbursements. The fund shall be a dedicated fund and moneys in the fund shall be used solely by the department of public safety for the purposes of providing services for peace officers and first responders to assist in coping with stress and potential psychological trauma resulting from a response to a critical incident or emotionally difficult event pursuant to subsection 1 of this section. Such services may include consultation, risk assessment, education, intervention, and other crisis intervention services provided by the department to peace officers or first responders affected by a critical incident. The director of public safety may prescribe rules and regulations necessary to carry out the provisions of this section. Any rule or portion of a rule, as that term is defined in section 536.010 , that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028 . This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2021, shall be invalid and void. (2) Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund. (3) The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund. (L. 2021 S.B. 26 merged with S.B. 53 & 60 merged with S.B. 57, A.L. 2024 S.B. 754, et al.)

Mo. Rev. Stat. § 590.195 Violations, penalty.

590.195. Violations, penalty. — 1. A person commits a class B misdemeanor if, in violation of this chapter, such person knowingly: (1) Holds a commission as a peace officer without a peace officer license valid for such commission; or (2) Grants or continues the commission of a peace officer not validly licensed for such commission. 2. Any person who purposely violates any other provision of this chapter shall be guilty of a class B misdemeanor. 3. Any law enforcement agency that commissions a peace officer in violation of this chapter or that is otherwise in violation of any provision of this chapter shall not be eligible to receive state or federal funds that would otherwise be paid to it for the purpose of training and licensing peace officers or for any other law enforcement, safety, or criminal justice purpose. (L. 2001 H.B. 80)

Mo. Rev. Stat. § 590.200 School protection officers, POST commission duties - minimum training ...

*590.200. School protection officers, POST commission duties — minimum training requirements. — 1. The POST commission shall: (1) Establish minimum standards for the training of school protection officers; (2) Set the minimum number of hours of training required for a school protection officer; and (3) Set the curriculum for school protection officer training programs. 2. At a minimum this training shall include: (1) Instruction specific to the prevention of incidents of violence in schools; (2) The handling of emergency or violent crisis situations in school settings; (3) A review of state criminal law; (4) Training involving the use of defensive force; (5) Training involving the use of deadly force; and (6) Instruction in the proper use of self-defense spray devices. (L. 2014 S.B. 656) *Effective 10-10-14, see § 21.250. S.B. 656 was vetoed July 14, 2014. The veto was overridden on September 10, 2014.

Mo. Rev. Stat. § 590.205 School protection officer training, POST commission to establish minimum ...

590.205. School protection officer training, POST commission to establish minimum standards — list of approved instructors, centers, and programs — background checks — certification — continuing education. — 1. The POST commission shall establish minimum standards for school protection officer training instructors, training centers, and training programs. 2. The director shall develop and maintain a list of approved school protection officer training instructors, training centers, and training programs. The director shall not place any instructor, training center, or training program on its approved list unless such instructor, training center, or training program meets all of the POST commission requirements under this section and section 590.200 . The director shall make this approved list available to every school district in the state. The required training to become a school protection officer shall be provided by those firearm instructors, private and public, who have successfully completed a department of public safety POST certified law enforcement firearms instructor school. 3. Each person seeking entrance into a school protection officer training center or training program shall submit a fingerprint card and authorization for a criminal history background check to include the records of the Federal Bureau of Investigation to the training center or training program where such person is seeking entrance. The training center or training program shall cause a criminal history background check to be made and shall cause the resulting report to be forwarded to the school district where the employee is seeking to be designated as a school protection officer. 4. No person shall be admitted to a school protection officer training center or training program unless such person submits proof to the training center or training program that he or she has a valid concealed carry endorsement or permit. 5. A certificate of school protection officer training program completion may be issued to any applicant by any approved school protection officer training instructor. On the certificate of program completion the approved school protection officer training instructor shall affirm that the individual receiving instruction has taken and passed a school protection officer training program that meets the requirements of this section and section 590.200 and indicate whether the individual has a valid concealed carry endorsement or permit. The instructor shall also provide a copy of such certificate to the director of the department of public safety. 6. The POST commission shall establish requirements for the continuing education of all school protection officers. All school protection officers shall annually receive twenty hours of firearms skill development training. (L. 2013 S.B. 42, A.L. 2014 S.B. 656, A.L. 2026 H.B. 1866)

Mo. Rev. Stat. § 590.207 Firearm out of control of school protection officer, penalty.

*590.207. Firearm out of control of school protection officer, penalty. — Notwithstanding any other provision of law to the contrary, any person designated as a school protection officer under the provisions of section 160.665 who allows any such firearm out of his or her personal control while that firearm is on school property as provided under subsection 2 of section 160.665 shall be guilty of a class B misdemeanor and may be subject to employment termination proceedings within the school district. (L. 2014 S.B. 656) *Effective 10-10-14, see § 21.250. S.B. 656 was vetoed July 14, 2014. The veto was overridden on September 10, 2014.

Mo. Rev. Stat. § 590.208 Committee on school safety, members, meetings, annual report.

590.208. Committee on school safety, members, meetings, annual report. — 1. There is hereby established the "Committee on School Safety" within the department of public safety. 2. The committee shall consist of the following members: (1) Up to three representatives of the department of public safety; (2) A representative of the Missouri Sheriff's Association; (3) A representative of the Missouri Municipal League; (4) A representative of the department of elementary and secondary education; and (5) A representative of the Missouri School Boards' Association's Center for Education Safety. 3. One member who represents the department of public safety shall serve as chair of the committee. 4. Members of the committee shall serve without compensation but may be reimbursed for actual expenses necessary to the performance of their official duties for the committee. 5. The committee shall meet at least four times per year, and at least once per calendar quarter, to evaluate and establish guidelines for school safety concerns, including plans to prevent school firearm violence. 6. Except as provided in section 610.021 , all meetings of the committee shall be open to the public. 7. The committee shall submit an annual report in writing to the governor, president pro tempore of the senate, and speaker of the house of representatives. (L. 2025 H.B. 495) Severability clause, see § 1.1001

Mo. Rev. Stat. § 590.210 Disaster or emergency, retired peace officers may be utilized.

590.210. Disaster or emergency, retired peace officers may be utilized. — Notwithstanding any other provision of law, any law enforcement agency in this state may supplement such agency's workforce as necessary with qualified retired peace officers as defined in subsection 12 of section 571.030 when a disaster or emergency has been proclaimed by the governor or when there is a national emergency. Retirees assisting law enforcement agencies under the provisions of this section shall be in compliance with the annual firearms training and qualification standards for retired law enforcement officers carrying concealed firearms established by the department of public safety under section 650.030 . Any compensation awarded to retirees for service under this section shall be paid by the law enforcement agency. (L. 2018 H.B. 1355)

Mo. Rev. Stat. § 590.500 Certain law enforcement officers' right of appeal from disciplinary ...

590.500. Certain law enforcement officers' right of appeal from disciplinary actions, procedure. — Any law enforcement officer, other than an elected sheriff or deputy, who possesses the duty and power of arrest for violations of the criminal laws of this state or for violations of ordinances of counties or municipalities of this state, who is regularly employed for more than thirty hours per week, and who is employed by a law enforcement agency of this state or political subdivision of this state which employs more than fifteen law enforcement officers, shall be given upon written request a meeting within forty-eight hours of a dismissal, disciplinary demotion or suspension that results in a reduction or withholding of salary or compensatory time. The meeting shall be held before any individual or board as designated by the governing body. At any such meeting, the employing law enforcement agency shall at a minimum provide a brief statement, which may be oral, of the reason of the discharge, disciplinary demotion or suspension, and permit the law enforcement officer the opportunity to respond. The results from such meeting shall be reduced to writing. Any law enforcement agency that has substantially similar or greater procedures shall be deemed to be in compliance with this section. This section shall not apply to an officer serving in a probationary period or to the highest ranking officer of any law enforcement agency. (L. 1990 S.B. 593 § 1) Effective 7-01-90 CROSS REFERENCE: Due process certain police on disciplinary actions, exception, 85.011

Mo. Rev. Stat. § 590.501 Certification removal of officer, hearing requirements, time limitation - ...

590.501. Certification removal of officer, hearing requirements, time limitation — exception. — No law enforcement officer certified as a peace officer under this chapter shall have such officer's certification removed by the peace officer standards and training commission unless such officer has been afforded a contested case hearing pursuant to the provisions of chapter 536 by either the employing law enforcement agency or the peace officer standards and training commission regarding any dismissal, disciplinary demotion or suspension that results in a reduction or withholding of salary or compensatory time. The provisions of this section shall not apply to a peace officer who has been offered such a hearing but does not reply within ten working days. (L. 1995 S.B. 387 & 289)

Mo. Rev. Stat. § 590.502 Administrative investigation or questioning of law enforcement officer - ...

590.502. Administrative investigation or questioning of law enforcement officer — definitions — conduct of investigation or questioning, requirements — suspension, due process rights, procedure — violation remedy. — 1. For purposes of this section, the following shall mean: (1) "Administering authority" , any individual or body authorized by a law enforcement agency to hear and make final decisions regarding appeals of disciplinary actions issued by such agency; (2) "Color of law" , any act by a law enforcement officer, whether on duty or off duty, that is performed in furtherance of his or her sworn duty to enforce laws and to protect and serve the public; (3) "Economic loss" , any economic loss including, but not limited to, loss of overtime accrual, overtime income, sick time accrual, sick time, secondary employment income, holiday pay, and vacation pay; (4) "Good cause" , sufficient evidence or facts that would support a party's request for extensions of time or any other requests seeking accommodations outside the scope of the rules set out herein; (5) "Law enforcement officer" , any commissioned peace officer with the power to arrest for a violation of the criminal code who is employed by any unit of the state or any county, charter county, city, charter city, municipality, district, college, university, or any other political subdivision or is employed by the board of police commissioners as defined in chapter 84 . Law enforcement officer shall not include any officer who is the highest ranking officer in the law enforcement agency. 2. Whenever a law enforcement officer is under administrative investigation or is subjected to administrative questioning that the officer reasonably believes could lead to disciplinary action, demotion, dismissal, transfer, or placement on a status that could lead to economic loss, the investigation or questioning shall be conducted under the following conditions: (1) The law enforcement officer who is the subject of the investigation shall be informed, in writing, of the existence and nature of the alleged violation and the individuals who will be conducting the investigation. Notice shall be provided to the officer along with a copy of the complaint at least twenty-four hours prior to any interrogation or interview of the officer; (2) Any person, including members of the same agency or department as the officer under investigation, filing a complaint against a law enforcement officer shall have the complaint supported by a written statement outlining the complaint that includes the personal identifying information of the person filing the complaint. All personal identifying information shall be held confidential by the investigating agency; (3) When a law enforcement officer is questioned or interviewed regarding matters pertaining to his or her law enforcement duties or actions taken within the scope of his or her employment, such questioning shall be conducted for a reasonable length of time and only while the officer is on duty unless reasonable circumstances exist that necessitate questioning the officer while he or she is off duty; (4) Any interviews or questioning shall be conducted at a secure location at the agency that is conducting the investigation or at the place where the officer reports to work, unless the officer consents to another location; (5) Law enforcement officers shall be questioned by up to two investigators and shall be informed of the name, rank, and command of the investigator or investigators conducting the investigation; except that, separate investigators shall be assigned to investigate alleged department policy violations and alleged criminal violations; (6) Interview sessions shall be for a reasonable period of time. There shall be times provided for the officer to allow for such personal necessities and rest periods as are reasonably necessary; (7) Prior to an interview session, the investigator or investigators conducting the investigation shall advise the law enforcement officer of the rule set out in Garrity v. New Jersey , 385 U.S. 493 (1967), specifically that the law enforcement officer is being ordered to answer questions under threat of disciplinary action and that the officer's answers to the questions will not be used against the officer in criminal proceedings; (8) Law enforcement officers shall not be threatened, harassed, or promised rewards to induce them into answering any question; except that, law enforcement officers may be compelled by their employer to give protected Garrity statements to an investigator under the direct control of the employer, but such compelled statements shall not be used or derivatively used against the officer in any aspect of a criminal case brought against the officer; (9) Law enforcement officers under investigation are entitled to have an attorney or any duly authorized representative present during any questioning that the law enforcement officer reasonably believes may result in disciplinary action. The attorney or representative shall be permitted to confer with the officer but shall not unduly disrupt or interfere with the interview. The questioning shall be suspended for a period of up to twenty-four hours if the officer requests representation; (10) Prior to the law enforcement officer being interviewed, the officer and his or her attorney or representative shall have the opportunity to review the complaint; (11) The law enforcement agency conducting the investigation shall have ninety days from receipt of a citizen complaint to complete such investigation. The agency shall determine the disposition of the complaint and render a disciplinary decision, if any, within ninety days. The agency may, for good cause, petition the administering authority overseeing the administration of discipline for an extension of time to complete the investigation. If the administering authority finds the agency has shown good cause for the granting of an extension of time to complete the investigation, the administering authority shall grant an extension of up to sixty days. The agency is limited to two extensions per investigation; except that, if there is an ongoing criminal investigation there shall be no limitation on the amount of sixty-day extensions. For good cause shown, the internal investigation may be tolled until the conclusion of a concurrent criminal investigation arising out of the same alleged conduct. Absent consent from the officer being investigated, the administering authority overseeing the administration of discipline shall set the matter for hearing and shall provide notice of the hearing to the law enforcement officer under investigation. The officer shall have the right to attend the hearing and to present evidence and arguments against extension; (12) Within five days of the conclusion of the administrative investigation, the investigator shall inform the officer, in writing, of the investigative findings and any recommendation for further action, including discipline; (13) A complete record of the administrative investigation shall be kept by the law enforcement agency conducting such investigation. Upon completion of the investigation, a copy of the entire record, including, but not limited to, audio, video, and transcribed statements, shall be provided to the officer or the officer's representative within five business days of the officer's written request. The agency may request a protective order to redact all personal identifying witness information; and (14) All records compiled as a result of any investigation subject to the provisions of this section shall be held confidential and shall not be subject to disclosure under chapter 610 , except by lawful subpoena or court order, by release approved by the officer, or as provided in section 590.070 . 3. Law enforcement officers who are suspended without pay, demoted, terminated, transferred, or placed on a status resulting in economic loss shall be entitled to a full due process hearing. However, nothing in this section shall prohibit a law enforcement agency and the authorized bargaining representative for a law enforcement officer employed by that agency from reaching written agreements providing disciplinary procedures more favorable than those provided for this section. The components of the hearing shall include, at a minimum: (1) The right to be represented by an attorney or other individual of their choice during the hearing; (2) Seven days' notice of the hearing date and time; (3) An opportunity to access and review documents, at least seven days in advance of the hearing, that are in the employer's possession and that were used as a basis for the disciplinary action; (4) The right to refuse to testify at the hearing if the officer is concurrently facing criminal charges in connection with the same incident. A law enforcement officer's decision not to testify shall not result in additional internal charges or discipline; (5) A complete record of the hearing shall be kept by the agency for purposes of appeal. The record shall be provided to the officer or his or her attorney upon written request; (6) The entire record of the hearing shall remain confidential and shall not be subject to disclosure under chapter 610 , except by lawful subpoena or court order. 4. Any decision, order, or action taken following the hearing shall be in writing and shall be accompanied by findings of fact. The findings shall consist of a concise statement upon each issue in the case. A copy of the decision or order accompanying findings and conclusions along with the written action and right of appeal, if any, shall be delivered or mailed promptly to the law enforcement officer or to the officer's attorney or representative of record. 5. Law enforcement officers shall have the opportunity to provide a written response to any adverse materials placed in their personnel file, and such written response shall be permanently attached to the adverse material. 6. Law enforcement officers shall have the right to compensation for any economic loss incurred during an investigation if the officer is found to have committed no misconduct. 7. Employers shall defend and indemnify law enforcement officers from and against civil claims made against them in their official and individual capacities if the alleged conduct arose in the course and scope of their obligations and duties as law enforcement officers. This includes any actions taken off duty if such actions were taken under color of law. In the event the law enforcement officer is convicted of, or pleads guilty to, criminal charges arising out of the same conduct, the employer shall no longer be obligated to defend and indemnify the officer in connection with related civil claims. 8. Law enforcement officers shall not be disciplined, demoted, dismissed, transferred, or placed on a status resulting in economic loss as a result of the assertion of their constitutional rights in any judicial proceeding, unless the officer admits to wrongdoing, in which case the provisions of this section shall not apply. 9. Any aggrieved law enforcement officer or authorized representative may seek judicial enforcement of the requirements of this section. Suits to enforce this section shall be brought in the circuit court for the county in which the law enforcement agency or governmental body has its principal place of business. 10. Upon a finding by a preponderance of the evidence that a law enforcement agency, governmental body, or member of same has violated any provision of this section, a court shall void any action taken in violation of this section. The court may also award the law enforcement officer the costs of bringing the suit including, but not limited to, attorneys' fees. A lawsuit for enforcement shall be brought within one year from which the violation is ascertainable. 11. Nothing in this section shall apply to any investigation or other action by the director regarding a license issued by the director under this chapter. 12. A law enforcement agency that has substantially similar or greater procedures shall be deemed in compliance with this section. (L. 2021 S.B. 26)

Mo. Rev. Stat. § 590.650 Racial profiling - minority group defined - reporting requirements - annual ...

590.650. Racial profiling — minority group defined — reporting requirements — annual report — review of findings — failure to comply — funds for audio-visual equipment — sobriety check points exempt. — 1. As used in this section "minority group" means individuals of African, Hispanic, Native American or Asian descent. 2. Each time a peace officer stops a driver of a motor vehicle, that officer shall report the following information to the law enforcement agency that employs the officer: (1) The age, gender and race or minority group of the individual stopped; (2) The reasons for the stop; (3) Whether a search was conducted as a result of the stop; (4) If a search was conducted, whether the individual consented to the search, the probable cause for the search, whether the person was searched, whether the person's property was searched, and the duration of the search; (5) Whether any contraband was discovered in the course of the search and the type of any contraband discovered; (6) Whether any warning or citation was issued as a result of the stop; (7) If a warning or citation was issued, the violation charged or warning provided; (8) Whether an arrest was made as a result of either the stop or the search; (9) If an arrest was made, the crime charged; and (10) The location of the stop. Such information may be reported using a format determined by the department of public safety which uses existing citation and report forms. 3. (1) Each law enforcement agency shall compile the data described in subsection 2 of this section for the calendar year into a report to the attorney general. (2) Each law enforcement agency shall submit the report to the attorney general no later than March first of the following calendar year. (3) The attorney general shall determine the format that all law enforcement agencies shall use to submit the report. 4. (1) The attorney general shall analyze the annual reports of law enforcement agencies required by this section and submit a report of the findings to the governor, the general assembly and each law enforcement agency no later than June first of each year. (2) The report of the attorney general shall include at least the following information for each agency: (a) The total number of vehicles stopped by peace officers during the previous calendar year; (b) The number and percentage of stopped motor vehicles that were driven by members of each particular minority group; (c) A comparison of the percentage of stopped motor vehicles driven by each minority group and the percentage of the state's population that each minority group comprises; and (d) A compilation of the information reported by law enforcement agencies pursuant to subsection 2 of this section. 5. Each law enforcement agency shall adopt a policy on race-based traffic stops that: (1) Prohibits the practice of routinely stopping members of minority groups for violations of vehicle laws as a pretext for investigating other violations of criminal law; (2) Provides for periodic reviews by the law enforcement agency of the annual report of the attorney general required by subsection 4 of this section that: (a) Determine whether any peace officers of the law enforcement agency have a pattern of stopping members of minority groups for violations of vehicle laws in a number disproportionate to the population of minority groups residing or traveling within the jurisdiction of the law enforcement agency; and (b) If the review reveals a pattern, require an investigation to determine whether any peace officers of the law enforcement agency routinely stop members of minority groups for violations of vehicle laws as a pretext for investigating other violations of criminal law; and (3) Provides for appropriate counseling and training of any peace officer found to have engaged in race-based traffic stops within ninety days of the review. The course or courses of instruction and the guidelines shall stress understanding and respect for racial and cultural differences, and development of effective, noncombative methods of carrying out law enforcement duties in a racially and culturally diverse environment. 6. If a law enforcement agency fails to comply with the provisions of this section, the governor may withhold any state funds appropriated to the noncompliant law enforcement agency. 7. Each law enforcement agency in this state may utilize federal funds from community-oriented policing services grants or any other federal sources to equip each vehicle used for traffic stops with a video camera and voice-activated microphone. 8. A peace officer who stops a driver of a motor vehicle pursuant to a lawfully conducted sobriety check point or road block shall be exempt from the reporting requirements of subsection 2 of this section. (L. 2000 S.B. 1053, A.L. 2001 H.B. 80, A.L. 2004 S.B. 1233, et al.)

Mo. Rev. Stat. § 590.653 Civilian review and oversight - board, division, and entities - powers, duties.

590.653. Civilian review and oversight — board, division, and entities — powers, duties. — 1. Each city, county and city not within a county may establish a civilian review board, division of civilian oversight, or any other entity which provides civilian review or oversight of police agencies, or may use an existing civilian review board or division of civilian oversight or other named entity which has been appointed by the local governing body, with the authority to investigate allegations of misconduct by local law enforcement officers towards members of the public. The members shall not receive compensation but shall receive reimbursement from the local governing body for all reasonable and necessary expenses. 2. The board, division, or any other such entity, shall have the power solely limited to receiving, investigating, making findings and recommending disciplinary action upon complaints by members of the public against members of the police department that allege misconduct involving excessive use of force, abuse of authority, discourtesy, or use of offensive language, including, but not limited to, slurs relating to race, ethnicity, religion, gender, sexual orientation and disability. The findings and recommendations of the board, division, or other entity and the basis therefor, shall be submitted to the chief law enforcement official. No finding or recommendation shall be based solely upon an unsworn complaint or statement, nor shall prior unsubstantiated, unfounded or withdrawn complaints be the basis for any such findings or recommendations. Only the powers specifically granted herein are authorized and any and all authority granted to future or existing boards, divisions, or entities outside the scope of the powers listed herein are expressly preempted and void as a matter of law. (L. 2000 S.B. 1053, A.L. 2024 S.B. 754, et al.)

Mo. Rev. Stat. § 590.700 Definitions - recording required for certain crimes - may be recorded, when ...

590.700. Definitions — recording required for certain crimes — may be recorded, when — written policy required — violation, penalty. — 1. As used in this section, the following terms shall mean: (1) "Custodial interrogation" , the questioning of a person under arrest, who is no longer at the scene of the crime, by a member of a law enforcement agency along with the answers and other statements of the person questioned. "Custodial interrogation" shall not include: (a) A situation in which a person voluntarily agrees to meet with a member of a law enforcement agency; (b) A detention by a law enforcement agency that has not risen to the level of an arrest; (c) Questioning that is routinely asked during the processing of the arrest of the suspect; (d) Questioning pursuant to an alcohol influence report; (e) Questioning during the transportation of a suspect; (2) "Recorded" and "recording" , any form of audiotape, videotape, motion picture, or digital recording. 2. All custodial interrogations of persons suspected of committing or attempting to commit murder in the first degree, murder in the second degree, assault in the first degree, assault of a law enforcement officer in the first degree, domestic assault in the first degree, elder abuse in the first degree, robbery in the first degree, arson in the first degree, rape in the first degree, forcible rape, sodomy in the first degree, forcible sodomy, kidnapping, kidnapping in the first degree, statutory rape in the first degree, statutory sodomy in the first degree, child abuse, or child kidnapping shall be recorded when feasible. 3. Law enforcement agencies may record an interrogation in any circumstance with or without the knowledge or consent of a suspect, but they shall not be required to record an interrogation under subsection 2 of this section: (1) If the suspect requests that the interrogation not be recorded; (2) If the interrogation occurs outside the state of Missouri; (3) If exigent public safety circumstances prevent recording; (4) To the extent the suspect makes spontaneous statements; (5) If the recording equipment fails; or (6) If recording equipment is not available at the location where the interrogation takes place. 4. Each law enforcement agency shall adopt a written policy to record custodial interrogations of persons suspected of committing or attempting to commit the felony crimes described in subsection 2 of this section. 5. If a law enforcement agency fails to comply with the provisions of this section, the governor may withhold any state funds appropriated to the noncompliant law enforcement agency if the governor finds that the agency did not act in good faith in attempting to comply with the provisions of this section. 6. Nothing in this section shall be construed as a ground to exclude evidence, and a violation of this section shall not have impact other than that provided for in subsection 5 of this section. Compliance or noncompliance with this section shall not be admitted as evidence, argued, referenced, considered or questioned during a criminal trial. 7. Nothing contained in this section shall be construed to authorize, create, or imply a private cause of action. (L. 2009 H.B. 62 § 590.701, A.L. 2013 H.B. 215, A.L. 2014 S.B. 491) Effective 1-01-17

Mo. Rev. Stat. § 590.750 Department to have sole authority to regulate and license advisors - ...

*590.750. Department to have sole authority to regulate and license advisors — commissioning of advisors — minimum liability insurance — acting without a license, penalty — rulemaking authority — application procedure. — 1. The department of public safety shall have the sole authority to regulate and license all corporate security advisors. Licensed corporate security advisors who are not also commissioned by the department shall not have the power of arrest for violations of the criminal code, except as otherwise provided by law. 2. The director shall have the sole authority to commission corporate security advisors. No person shall hold a commission as a corporate security advisor without a valid peace officer license. The director shall commission corporate security advisors as he or she deems appropriate, taking into consideration the education, training, and experience of each individual in relation to the powers of peace officers and the limitations on the powers of peace officers in regard to the constitutional rights of citizens to be secure in their persons and property. Each individual commissioned by the department shall be issued a commission by the director of the department and before entering into the performance of his or her duties shall subscribe before the clerk of a circuit court of this state an oath, in the form prescribed by Article VII, Section 11 of the Constitution of Missouri, to support the Constitution and laws of the United States and this state; to faithfully demean himself or herself in the office; and to faithfully perform the duties of the office. The executed oath of office, along with a copy of the individual's commission, shall be filed with the director until the commission is terminated or revoked. 3. The authority and jurisdiction of a corporate security advisor shall be limited only by the geographical limits of the state, unless the corporate security advisor's license is recognized by the laws or regulations of another state or the federal government. 4. The department shall establish a minimum amount of liability insurance to be provided by the prospective or current employer of the corporate security advisor, and require the employer to provide a statement that the corporate security advisor will be included in the policy as a named insured. 5. Acting as a corporate security advisor without a license from the department of public safety is a class A misdemeanor. 6. The director may promulgate rules to implement the provisions of this section under chapter 536 and section 590.190 . 7. Any corporate security advisor licensed as of February 1, 2014, shall not be required to apply for a new license from the department until the advisor's license expires or is otherwise revoked. 8. All applications for corporate security advisor licenses shall be made upon such forms and in such manner as the director shall prescribe. The department shall charge a fee for issuance of a license under this section in an amount, not to exceed two hundred dollars, established by regulation promulgated in accordance with the provisions of chapter 536 . 9. Nothing in this section is intended to nor shall it be construed as a waiver of sovereign immunity or the acknowledgment or creation of any liability on the part of the state for personal injury, death, or property damage. The department of public safety and the director shall have immunity from civil liability arising out of the commissioning of corporate security advisors under this section. (L. 2014 S.B. 656 merged with S.B. 852, A.L. 2015 H.B. 878) *Effective 10-16-15, see § 21.250. H.B. 878 was vetoed on July 10, 2015. The veto was overridden September 16, 2015.

Mo. Rev. Stat. § 590.805 Respiratory choke-hold, limitation on use of.

590.805. Respiratory choke-hold, limitation on use of. — 1. A law enforcement officer shall not knowingly use a respiratory choke-hold unless the use is in defense of the officer or another from serious physical injury or death. 2. A respiratory choke-hold includes the use of any body part or object to attempt to control or disable by applying pressure to a person's neck with the purpose of controlling or restricting such person's breathing. (L. 2021 S.B. 53 & 60)

Mo. Rev. Stat. § 590.1040 Peer support counseling session communications, confidentiality of - ...

590.1040. Peer support counseling session communications, confidentiality of — definitions — applicability. — 1. For purposes of this section, the following terms mean: (1) "Emergency services personnel" , any employee or volunteer of an emergency services provider who is engaged in providing or supporting fire fighting, dispatching services, and emergency medical services; (2) "Emergency services provider" , any public employer, or ground or air ambulance service as those terms are used in chapter 190 , that employs persons to provide fire fighting, dispatching services, and emergency medical services; (3) "Employee assistance program" , a program established by a law enforcement agency or emergency services provider to provide professional counseling or support services to employees of a law enforcement agency, emergency services provider, or a professional mental health provider associated with a peer support team; (4) "Law enforcement agency" , any public agency that employs law enforcement personnel; (5) "Law enforcement personnel" , any person who, by virtue of office or public employment, is vested by law with a duty to maintain public order or to make arrests for violation of the laws of the state of Missouri or ordinances of any municipality thereof, or with a duty to maintain or assert custody or supervision over persons accused or convicted of a crime, while acting within the scope of his or her authority as an employee or volunteer of a law enforcement agency; (6) "Peer support counseling session" , any session conducted by a peer support specialist that is called or requested in response to a critical incident or traumatic event involving the personnel of the law enforcement agency or emergency services provider; (7) "Peer support specialist" , a person who: (a) Is designated by a law enforcement agency, emergency services provider, employee assistance program, or peer support team leader to lead, moderate, or assist in a peer support counseling session; (b) Is a member of a peer support team; and (c) Has received training in counseling and providing emotional and moral support to law enforcement officers or emergency services personnel who have been involved in emotionally traumatic incidents by reason of his or her employment; (8) "Peer support team" , a group of peer support specialists serving one or more law enforcement providers or emergency services providers. 2. Any communication made by a participant or peer support specialist in a peer support counseling session, and any oral or written information conveyed in or as the result of a peer support counseling session, are confidential and may not be disclosed by any person participating in the peer support counseling session. 3. Any communication relating to a peer support counseling session that is made between peer support specialists, between peer support specialists and the supervisors or staff of an employee assistance program, or between the supervisors or staff of an employee assistance program, is confidential and may not be disclosed. 4. The provisions of this section shall apply only to peer support counseling sessions conducted by a peer support specialist. 5. The provisions of this section shall apply to all oral communications, notes, records, and reports arising out of a peer support counseling session. Any notes, records, or reports arising out of a peer support counseling session shall not be public records and shall not be subject to the provisions of chapter 610 . Nothing in this section limits the discovery or introduction into evidence of knowledge acquired by any law enforcement personnel or emergency services personnel from observation made during the course of employment, or material or information acquired during the course of employment, that is otherwise subject to discovery or introduction into evidence. 6. The provisions of this section shall not apply to any: (1) Threat of suicide or criminal act made by a participant in a peer support counseling session, or any information conveyed in a peer support counseling session relating to a threat of suicide or criminal act; (2) Information relating to abuse of spouses, children, or the elderly, or other information that is required to be reported by law; (3) Admission of criminal conduct; (4) Disclosure of testimony by a participant who received peer support counseling services and expressly consented to such disclosure; or (5) Disclosure of testimony by the surviving spouse or executor or administrator of the estate of a deceased participant who received peer support counseling services and such surviving spouse or executor or administrator expressly consented to such disclosure. 7. The provisions of this section shall not prohibit any communications between peer support specialists who conduct peer support counseling sessions or any communications between peer support specialists and the supervisors or staff of an employee assistance program. 8. The provisions of this section shall not prohibit communications regarding fitness of an employee for duty between an employee assistance program and an employer. (L. 2018 H.B. 1355 merged with S.B. 870)

Mo. Rev. Stat. § 590.1070 Tuition reimbursement program established - POST commission duties - ...

590.1070. Tuition reimbursement program established — POST commission duties — eligibility for reimbursement — rulemaking authority. — 1. There is hereby established within the department of public safety the "Peace Officer Basic Training Tuition Reimbursement Program". Any moneys appropriated by the general assembly for this program shall be used to provide tuition reimbursement for: (1) Qualifying Missouri residents who have paid tuition at a state-licensed basic law enforcement training center for the basic law enforcement training required for a peace officer license in this state and who have been employed as full-time peace officers in this state for a specified period; and (2) Qualifying government entities that have paid tuition for an employee to receive the basic law enforcement training required for a peace officer license in this state at a licensed basic law enforcement training center when such employee has been employed as a full-time peace officer for a specified period. 2. The Missouri POST Commission shall be the administrative agency for the implementation of the tuition reimbursement program established under this section, and shall: (1) Prescribe the form and the time and method of awarding tuition reimbursement under this section and shall supervise the processing thereof; and (2) Select qualifying recipients to receive reimbursement under this section and determine the manner and method of payment to the recipient. 3. To be eligible to receive tuition reimbursement under subdivision (1) of subsection 1 of this section, a person shall: (1) Be initially employed as a peace officer on or after September 1, 2023; (2) Submit to the commission an initial application for tuition reimbursement, and annually thereafter for each year of qualifying employment, in the manner and on a form prescribed by the commission that requires: (a) Employer verification of the person's employment as a full-time peace officer in this state for at least one year and the person's current employment as a peace officer in this state as of the date of the application; (b) A transcript containing the person's basic police training coursework and his or her date of graduation; and (c) A statement of the total amount of tuition the applicant paid to the basic training center for his or her basic training; (3) Be currently employed, and have completed at least one year of employment, as a full-time peace officer in this state; and (4) Comply with any other requirements adopted by the commission under this section. 4. To be eligible to receive tuition reimbursement under subdivision (2) of subsection 1 of this section, a government entity shall: (1) Be the employer of a peace officer who was initially employed on or after September 1, 2023; (2) Submit to the commission an initial application for tuition reimbursement, and annually thereafter for each year of the employee's qualifying employment, up to four years, in the manner and on a form prescribed by the commission that requires: (a) Verification of the employee's full-time employment as a peace officer in this state for at least one year and the employee's current employment as a peace officer in this state as of the date of the application; (b) A transcript containing the employee's basic police training coursework and his or her date of graduation; and (c) A statement of the total amount of tuition and fees the employer paid to the basic training center for the employee's basic training; (3) Certify that the employee is currently employed, and has completed at least one year of employment, as a full-time peace officer in this state; and (4) Comply with any other requirements adopted by the commission under this section. 5. Tuition reimbursement granted under this section, subject to the availability of funds, shall be reimbursed as follows: (1) At the end of one year of continuous employment as a full-time peace officer, an applicant or his or her employer, whichever applies, shall be eligible to receive reimbursement for twenty-five percent of the total tuition paid to a licensed basic training center; (2) At the end of two, three, and four years of continuous qualifying employment as a full-time peace officer, and submission of documents verifying continued full-time employment as a peace officer, an applicant or his or her employer, whichever applies, shall be eligible to receive reimbursement each year for twenty-five percent of the total tuition paid to a licensed basic training center. A government entity may qualify for tuition reimbursement under this subdivision for tuition paid for an employee even if such person is no longer employed by the government entity as long as the person for whom tuition was paid is still continuously employed as a full-time peace officer. 6. Notwithstanding any provision of this section to the contrary, the total amount of tuition reimbursement provided under this section to an eligible person, or to a government entity with respect to an employee, shall not exceed six thousand dollars per person or employee. 7. The department of public safety shall promulgate all necessary rules and regulations for the administration of the program. Any rule or portion of a rule, as that term is defined in section 536.010 , that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028 . This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2023, shall be invalid and void. (L. 2023 S.B. 186)

Mo. Rev. Stat. § 590.1075 Tuition reimbursement fund created, use of moneys.

590.1075. Tuition reimbursement fund created, use of moneys. — There is hereby created in the state treasury the "Peace Officer Basic Training Tuition Reimbursement Fund", which shall consist of moneys appropriated annually by the general assembly from general revenue and any gifts, bequests, or donations. The state treasurer shall be custodian of the fund. In accordance with sections 30.170 and 30.180 , the state treasurer may approve disbursements. The fund shall be a dedicated fund and, upon appropriation, moneys in the fund shall be used solely for the administration of section 590.1070 . Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund. The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund. (L. 2023 S.B. 186)

Mo. Rev. Stat. § 590.1265 Citation of law - definitions - use-of-force incidents reporting, standards ...

*590.1265. Citation of law — definitions — use-of-force incidents reporting, standards and procedures — publication of report data — analysis report. — 1. The provisions of this section shall be known and may be cited as the "Police Use of Force Transparency Act of 2021". 2. For purposes of this section, the following terms mean: (1) "Law enforcement agency" , the same meaning as defined in section 590.1040 ; (2) "Peace officer" , the same meaning as defined in section 590.010 ; (3) "Serious physical injury" , the same meaning as defined in section 556.061 ; (4) "Use-of-force incident" , an incident in which: (a) A fatality occurs that is connected to a use of force by a peace officer; (b) Serious bodily injury occurs that is connected to a use of force by a peace officer; or (c) In the absence of death or serious physical injury, a peace officer discharges a firearm at, or in the direction of, a person. 3. Starting on March 1, 2022, and at least annually thereafter, each law enforcement agency shall collect and report local data on use-of-force incidents involving peace officers to the National Use of Force Data Collection through the Law Enforcement Enterprise Portal administered by the Federal Bureau of Investigation. Law enforcement agencies shall not include personally identifying information of individual peace officers in their reports. 4. Each law enforcement agency shall additionally report the data submitted under subsection 3 of this section to the department of public safety. Law enforcement agencies shall not include personally identifying information of individual peace officers in their reports. 5. The department of public safety shall, no later than October 31, 2021, develop standards and procedures governing the collection and reporting of use-of-force data under this section. The standards and procedures shall be consistent with the requirements, definitions, and methods of the National Use of Force Data Collection administered by the Federal Bureau of Investigation. 6. By March 1, 2023, and at least annually thereafter, the department of public safety shall publish the data reported by law enforcement agencies under subsection 4 of this section, including statewide aggregate data and agency-specific data, in a publicly available report on the department of public safety's website. Such data shall be deemed a public record consistent with the provisions and exemptions contained in chapter 610 . 7. The department of public safety shall undertake an analysis of any trends and disparities in rates of use of force by all law enforcement agencies, with a report to be released to the public no later than June 30, 2025. The report shall be updated periodically thereafter, but not less than once every five years. (L. 2021 S.B. 53 & 60) *This section was contained in both S.B. 26 and S.B. 53 & 60, 2021. Due to possible conflict, both versions are printed.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://revisor.mo.gov/main/OneChapter.aspx?chapter=590Fetched: 10/17/2026