Missouri Revised Statutes
Chapter 590 - Peace Officers, Selection, Training and Discipline
Section 590.700 - Definitions — recording required for certain crimes — may be recorded, when — written policy required — violation, penalty.

Effective - 01 Jan 2017, 3 histories
590.700. Definitions — recording required for certain crimes — may be recorded, when — written policy required — violation, penalty. — 1. As used in this section, the following terms shall mean:
(1) "Custodial interrogation", the questioning of a person under arrest, who is no longer at the scene of the crime, by a member of a law enforcement agency along with the answers and other statements of the person questioned. "Custodial interrogation" shall not include:
(a) A situation in which a person voluntarily agrees to meet with a member of a law enforcement agency;
(b) A detention by a law enforcement agency that has not risen to the level of an arrest;
(c) Questioning that is routinely asked during the processing of the arrest of the suspect;
(d) Questioning pursuant to an alcohol influence report;
(e) Questioning during the transportation of a suspect;
(2) "Recorded" and "recording", any form of audiotape, videotape, motion picture, or digital recording.
2. All custodial interrogations of persons suspected of committing or attempting to commit murder in the first degree, murder in the second degree, assault in the first degree, assault of a law enforcement officer in the first degree, domestic assault in the first degree, elder abuse in the first degree, robbery in the first degree, arson in the first degree, rape in the first degree, forcible rape, sodomy in the first degree, forcible sodomy, kidnapping, kidnapping in the first degree, statutory rape in the first degree, statutory sodomy in the first degree, child abuse, or child kidnapping shall be recorded when feasible.
3. Law enforcement agencies may record an interrogation in any circumstance with or without the knowledge or consent of a suspect, but they shall not be required to record an interrogation under subsection 2 of this section:
(1) If the suspect requests that the interrogation not be recorded;
(2) If the interrogation occurs outside the state of Missouri;
(3) If exigent public safety circumstances prevent recording;
(4) To the extent the suspect makes spontaneous statements;
(5) If the recording equipment fails; or
(6) If recording equipment is not available at the location where the interrogation takes place.
4. Each law enforcement agency shall adopt a written policy to record custodial interrogations of persons suspected of committing or attempting to commit the felony crimes described in subsection 2 of this section.
5. If a law enforcement agency fails to comply with the provisions of this section, the governor may withhold any state funds appropriated to the noncompliant law enforcement agency if the governor finds that the agency did not act in good faith in attempting to comply with the provisions of this section.
6. Nothing in this section shall be construed as a ground to exclude evidence, and a violation of this section shall not have impact other than that provided for in subsection 5 of this section. Compliance or noncompliance with this section shall not be admitted as evidence, argued, referenced, considered or questioned during a criminal trial.
7. Nothing contained in this section shall be construed to authorize, create, or imply a private cause of action.
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(L. 2009 H.B. 62 § 590.701, A.L. 2013 H.B. 215, A.L. 2014 S.B. 491)
Effective 1-01-17

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders

Chapter 590 - Peace Officers, Selection, Training and Discipline

Section 590.010 - Definitions.

Section 590.020 - Peace officer license required, when — classes of officers established — no license required, when.

Section 590.030 - Basic training, minimum standards established — age, citizenship and education requirements established by director — issuance of a license — federal Rap Back program, agencies to enroll.

Section 590.040 - Minimum hours of basic training required.

Section 590.050 - Continuing education requirements.

Section 590.060 - Minimum standards for training instructors and centers — licensure of instructors — background check required, when.

Section 590.070 - Commissioning and departure of peace officers, director to be notified — immunity from liability, chief executive officer, when.

Section 590.075 - Candidates for commissioning, chief executive officer to request copy of notifications under 590.070 — certified copy prior to commissioning.

Section 590.080 - Discipline of peace officers, grounds — complaint filed, hearing.

Section 590.090 - Suspension of a license, when, procedure.

Section 590.100 - Denial of an application, when — review process.

Section 590.110 - Investigation of denial of licensure, procedure.

Section 590.118 - Peace officer investigations made available to hiring law enforcement agencies.

Section 590.120 - Peace officer standards and training commission established — members, qualifications, appointment — terms — duties — removal from office — vacancies — chairperson, appointment — rules and regulations, authority.

Section 590.145 - Highway patrol academy fund created — use of funds therein.

Section 590.178 - Peace officer standards and training commission fund established.

Section 590.180 - Licensure status of peace officer inadmissible in determining validity of arrest — open records of peace officers.

Section 590.190 - Rulemaking authority.

Section 590.192 - Critical incident stress management program, purpose — services to be provided — requirements — confidentiality of information — fund created, use of moneys.

Section 590.195 - Violations, penalty.

Section 590.200 - School protection officers, POST commission duties — minimum training requirements.

Section 590.205 - School protection officer training, POST commission to establish minimum standards — list of approved instructors, centers, and programs — background checks — certification.

Section 590.207 - Firearm out of control of school protection officer, penalty.

Section 590.210 - Disaster or emergency, retired peace officers may be utilized.

Section 590.500 - Certain law enforcement officers' right of appeal from disciplinary actions, procedure.

Section 590.501 - Certification removal of officer, hearing requirements, time limitation — exception.

Section 590.502 - Administrative investigation or questioning of law enforcement officer — definitions — conduct of investigation or questioning, requirements — suspension, due process rights, procedure — violation remedy.

Section 590.650 - Racial profiling — minority group defined — reporting requirements — annual report — review of findings — failure to comply — funds for audio-visual equipment — sobriety check points exempt.

Section 590.653 - Civilian review board — powers, duties.

Section 590.700 - Definitions — recording required for certain crimes — may be recorded, when — written policy required — violation, penalty.

Section 590.750 - Department to have sole authority to regulate and license advisors — commissioning of advisors — minimum liability insurance — acting without a license, penalty — rulemaking authority — application procedure.

Section 590.805 - Respiratory choke-hold, limitation on use of.

Section 590.1040 - Peer support counseling session communications, confidentiality of — definitions — applicability.

Section 590.1265 - Citation of law — definitions — use-of-force incidents reporting, standards and procedures — publication of report data — analysis report.

Section 590.1265 - Citation of law — definitions — use-of force incidents reporting, standards and procedures — publication of report data — analysis report.