The bill sHB5379 File No. 612 proposes several amendments to the laws governing state marshals, with an effective date of October 1, 2024. It increases the minimum amount of personal liability insurance that state marshals must carry to $250,000 for individual or property damages and $500,000 for damages involving more than one person or property. The bill also requires state marshals to have a bond of $100,000 before commencing their duties, with the state covering the bond premium. It sets a 30-day deadline for state marshals to pay over money collected on behalf of another person, or 40 days if the collection is via personal check. The bill reduces the number of state marshals appointed in each county, resulting in a statewide decrease from 318 to 230 appointments. Additionally, it mandates the State Marshal Commission to audit state marshal records upon receipt of a complaint and appoint a qualified individual to oversee a state marshal's records in the event of their death or disability within 30 days.

The bill also restructures the State Marshals Advisory Board, specifying the election process for board members and the establishment of internal rules, including the selection of a chairperson and other officers. It outlines the procedures for the State Marshal Commission to periodically review and audit state marshals' records and accounts, especially upon receipt of a written complaint or a complaint filed on behalf of the commission. The bill increases the bond required from state marshals before they begin their duties from ten thousand to one hundred thousand dollars, ensuring they faithfully discharge their duties and cover any damages sustained by individuals due to the marshal's actions. The information obtained from audits is deemed confidential and is not subject to disclosure under the Freedom of Information Act. House Amendment “A” removes a provision from the underlying bill that would have changed state marshals' status from independent contractors to appointed state officers who are not state employees. The Judiciary Committee has given the bill a Joint Favorable Substitute with a vote of 33 in favor and 2 against on April 1, 2024.

Statutes affected:
Raised Bill: 6-35, 6-38, 6-38b, 6-38c, 6-38d, 6-38e, 6-39, 6-39a, 6-38n
JUD Joint Favorable Substitute: 6-35, 6-38, 6-38b, 6-38c, 6-38d, 6-38e, 6-39, 6-39a, 6-38n
File No. 537: 6-35, 6-38, 6-38b, 6-38c, 6-38d, 6-38e, 6-39, 6-39a, 6-38n
File No. 612: 6-35, 6-38, 6-38b, 6-38c, 6-38d, 6-38e, 6-39, 14-10, 6-39a, 6-38n