Commissioning and departure of peace officers, director to be notified — immunity from liability, chief executive officer, when.

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Effective - 28 Aug 2021, 2 histories

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.

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(L. 2001 H.B. 80, A.L. 2021 S.B. 53 & 60)


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