SECOND REGULAR SESSION

HOUSE BILL NO. 1601

95TH GENERAL ASSEMBLY


 

 

INTRODUCED BY REPRESENTATIVES NASHEED (Sponsor), TILLEY, WEBB, CARTER, HARRIS, MORRIS, HOSKINS (80), OXFORD, LeBLANC, DIEHL, CALLOWAY, RUCKER, PACE, WALTON GRAY, SMITH (150), SCHOELLER, GRISAMORE, ATKINS AND JONES (63) (Co-sponsors).

3590L.06I                                                                                                                                                  D. ADAM CRUMBLISS, Chief Clerk


 

AN ACT

To repeal section 84.010, RSMo, and to enact in lieu thereof five new sections relating to the St. Louis police force.




Be it enacted by the General Assembly of the state of Missouri, as follows:


            Section A. Section 84.010, RSMo, is repealed and five new sections enacted in lieu thereof, to be known as sections 84.010, 84.345, 84.346, 84.347, and 84.348, to read as follows:

            84.010. 1. In all cities of this state that now have, or may hereafter attain, a population of seven hundred thousand inhabitants or over, the common council or municipal assembly, as the case may be, of such cities may pass ordinances for preserving order, securing property and persons from violence, danger or destruction, protecting public and private property, and for promoting the interests and insuring the good government of the cities; but no ordinances heretofore passed, or that may hereafter be passed, by the common council or municipal assembly of the cities, shall, in any manner, conflict or interfere with the powers or the exercise of the powers of the boards of police commissioners of the cities as created by section 84.020, nor shall the cities or any officer or agent of the corporation of the cities, or the mayor thereof, in any manner impede, obstruct, hinder or interfere with the boards of police or any officer, or agent or servant thereof or thereunder, except that in any case of emergency imminently imperiling the lives, health or safety of the inhabitants of the city, the mayor may call upon and direct the chief of police of the city to provide such number of officers and patrolmen to meet the emergency as the mayor determines to be necessary and the chief of police shall continue to act under the direction of the mayor until the emergency has ceased, or until the board of police commissioners takes charge of such matter.

            2. Notwithstanding any provision of subsection 1 of this section or any other law to the contrary, as of August 28, 2010, any city not within a county may establish and thereafter maintain, a municipal police force under sections 84.345 and 84.346.

            84.345. Any city not within a county may establish a municipal police force for the purposes of:

            (1) Preserving the public peace, welfare, and order;

            (2) Preventing crime and arresting suspected offenders;

            (3) Enforcing the laws of the state and ordinances of the city;

            (4) Exercising all powers available to a police force under generally applicable state law; and

            (5) Regulating and licensing all private watchmen, private detectives, and private policemen serving or acting as such in said cities.

 

No person shall act as a private watchman, private detective, or private policeman in said cities without first having obtained a written license from said police force.

            84.346. A city not within a county that establishes and maintains a municipal police force pursuant to these sections shall provide for the employment in the municipal police force, immediately upon the effective date of the establishment of the municipal police force, of all officers and employees of any police force previously established under sections 84.010 to 84.340 at their then current salaries, and for their entitlement to all accrued benefits, including but not limited to, vacation time, sick leave, health insurance and pensions. Any such city not within a county shall recognize any regulation concerning residence of police officers adopted by the board of police commissioners under sections 84.020 and 84.030. Any retired officers shall also maintain their accrued benefits.

            84.347. The provisions of subsection 1 of section 84.010 and sections 84.015, 84.020, 84.030, 84.040, 84.050, 84.060, 84.070, 84.080, 84.090, 84.095, 84.100, 84.110, 84.120, 84.130, 84.140, 84.150, 84.160, 84.170, 84.175, 84.180, 84.190, 84.200, 84.210, 84.220, 84.230, 84.240, 84.250, 84.260, 84.265, 84.330, and 84.340, and the terms of office of the commissioners of the board of police under sections 84.020 and 84.030 shall expire upon the effective date of this statute.

            84.348. Any police pension system for members of a police force established under sections 84.010 to 84.343 shall continue to be governed by chapter 86, as amended.