FIRST REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
93RD GENERAL ASSEMBLY
Reported from the Committee on Crime Prevention and Public Safety April 6, 2005 with recommendation that House Committee Substitute for House Bill No. 272 Do Pass. Referred to the Committee on Rules pursuant to Rule 25(26)(f).STEPHEN S. DAVIS, Chief Clerk
AN ACT
To repeal section 590.653, RSMo, and to enact in lieu thereof one new section relating to qualifications for civilian review boards, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 590.653, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 590.653, to read as follows:
590.653. 1. Each city, county and city not within a county may establish a civilian review board, or may use an existing civilian review board 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. Each member, during his or her entire term, shall:
(1) Be at least eighteen years of age; and
(2) Be a registered voter residing within the city, county, or city not within a county; and
(3) As a result of the criminal history background check, not have been convicted of or pled guilty or nolo contendere to or have been found guilty of any felony, class A or B misdemeanor, or any crime including the assault of a law enforcement officer, resisting arrest or fleeing under the laws of the state of Missouri, of any other state, of the United States, or of any other country, whether or not a sentence is or was imposed.
2. The board shall have the power to receive, investigate, make findings and recommend 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, 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.