Section 44.095

Title V MILITARY AFFAIRS AND POLICE

Chapter 44

Effective - 28 Aug 2014   

  44.095.  Mutual aid agreement with Kansas — definitions — requests for assistance — immunity — certification by director, notice to revisor of statutes. — 1.  As used in this section, the following terms mean:

  (1)  "Critical incident", an incident that could result in serious physical injury or loss of life;

  (2)  "Kansas border counties", the counties of Johnson, Leavenworth, Miami, and Wyandotte;

  (3)  "Law enforcement mutual aid region", the nine counties of the Kansas City Metropolitan area as identified by the Mid-America Regional Council (MARC).  Those counties include Kansas border counties and Missouri border counties as defined in this section;

  (4)  "Missouri border counties", the counties of Platte, Clay, Ray, Jackson and Cass.

  2.  All law enforcement officers in the law enforcement mutual aid region shall be permitted in critical incidents to respond to lawful requests for aid in any other jurisdiction in the law enforcement mutual aid region.

  3.  The on-scene incident commander as defined by the National Incident Management System shall have the authority to make a request for assistance in a critical incident and shall be responsible for on-scene management until command authority is transferred to another person.

  4.  In the event that an officer makes an arrest or apprehension outside his or her home state, the offender shall be delivered to the first officer who is commissioned in the jurisdiction in which the arrest was made.

  5.  For the purposes of liability, all members of any political subdivision or public safety agency responding under operational control of the requesting political subdivision or public safety agency are deemed employees of such responding political subdivision or public safety agency and are subject to the liability and workers' compensation provisions provided to them as employees of their respective political subdivision or public safety agency.  Qualified immunity, sovereign immunity, official immunity, and the public duty rule shall apply to the provisions of this section as interpreted by the federal and state courts of the responding agency.

  ^*6.  If the director of the Missouri department of public safety determines that the state of Kansas has enacted legislation or the governor of Kansas has issued an executive order or similar action that permits Kansas border counties to enter into a similar mutual-aid agreement as described under this section, then the director shall execute and deliver to the governor, the speaker of the house of representatives, and the president pro tempore of the senate a written certification of such determination.  Upon the execution and delivery of such written certification and the parties receiving such certification providing a unanimous written affirmation, the provisions of this section shall be effective unless otherwise provided by law.

  7.  The director of the Missouri department of public safety shall notify the revisor of statutes of any changes that would render the provisions of this section effective.

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(L. 2014 S.B. 852)

Effective 10-20-16

*Revisor's Note:  On June 27, 2016, a written certification was executed by the Director of the Department of Public Safety certifying that the State of Kansas enacted H.B. 2549, effective April 7, 2016, which permits Kansas border counties to enter into Mutual Aid Agreements similar to the ones specified in this section.  Written affirmation of the Director's written certification was provided by the Governor (10/20/16), Speaker of the House of Representatives (8/31/16), and the President Pro Tempore of the Senate (7/19/16).