HOUSE BILL NO. 2326 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE LUCAS.
5498H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 67.307, RSMo, and to enact in lieu thereof one new section relating to cooperative municipal policies.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 67.307, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 67.307, to read as follows: 67.307. 1. As used in this section, the following terms mean: 2 (1) "Law enforcement officer", a sheriff or peace officer of a municipality with the 3 [duty and power of arrest for violation of] authority to enforce the general criminal laws of 4 the state or [for violation of] ordinances of municipalities; 5 (2) "Municipality", any county, city, town, or village; 6 (3) "Municipality official", any elected or appointed official or any law enforcement 7 officer serving the municipality; 8 (4) "Sanctuary policy", any municipality's policy, as reflected in an order or 9 ordinance, [enacted or followed] that: 10 (a) [Limits] Restricts or prohibits any municipality official or person employed by 11 the municipality from [communicating or] voluntarily cooperating with federal agencies or 12 officials [to verify or report the] regarding immigration status [of any alien within such 13 municipality]; or 14 (b) Grants [to illegal aliens the right to lawful presence or status within the 15 municipality] undocumented immigrants certain legal statuses or rights in direct 16 violation of federal law.
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 2326 2
17 2. [No municipality shall enact or adopt any sanctuary policy. Any municipality that 18 enacts or adopts a sanctuary policy shall be ineligible for any moneys provided through grants 19 administered by any state agency or department until the sanctuary policy is repealed or is no 20 longer in effect. Upon the complaint of any state resident regarding a specific government 21 entity, agency, or political subdivision of this state or prior to the provision of funds or 22 awarding of any grants to a government entity, agency, or political subdivision of this state, 23 any member of the general assembly may request that the attorney general of the state of 24 Missouri issue an opinion stating whether the government entity, agency, or political 25 subdivision has current policies in contravention of this section] (1) Municipalities shall 26 adopt policies that promote voluntary cooperation with federal and state immigration 27 authorities, consistent with federal law and public safety objectives. 28 (2) Municipal officials and law enforcement officers shall receive written 29 guidance on state and federal immigration enforcement responsibilities. 30 3. [The governing body, sheriff, or chief of police of each municipality shall provide 31 each law enforcement officer with written notice of their duty to cooperate with state and 32 federal agencies and officials on matters pertaining to enforcement of state and federal laws 33 governing immigration] (1) Municipalities that adopt or maintain policies consistent with 34 federal law may be eligible for voluntary state funding, technical assistance, or training 35 programs to enhance public safety. 36 (2) If a municipality is believed to have a policy inconsistent with this section, the 37 state may provide written notice and a reasonable period to address concerns before any 38 funding restrictions are applied. 39 (3) Municipalities shall have the right to appeal or provide documentation 40 demonstrating compliance or public safety considerations before any funding 41 adjustments are made. 42 4. (1) This section shall [become effective on January 1, 2009] be construed to 43 promote public safety and cooperation between local law enforcement and federal 44 authorities. 45 (2) Municipalities retain discretion to adopt policies that protect victims of 46 crime, encourage reporting of criminal activity, and maintain community trust, 47 provided such policies do not violate federal law. ✔
Statutes affected: