Section 44.098

Title V MILITARY AFFAIRS AND POLICE

Chapter 44

Effective - 01 Jan 2099 (date is placeholder, see FAQ), see footnote   

  44.098.  Law enforcement mutual-aid region, critical incidents — request for aid, response, Kansas and Oklahoma — notice to revisor, when (Jasper and Newton counties). — 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 county", the county of Cherokee;

  (3)  "Law enforcement mutual-aid region", the counties of Jasper and Newton, including the Joplin metropolitan area, and the Kansas border county and Oklahoma border counties, as defined in this section;

  (4)  "Missouri border counties", the counties of Jasper and Newton;

  (5)  "Oklahoma border counties", the counties of Ottawa and Delaware.

  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 the Kansas border county 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.  If the director of the Missouri department of public safety determines that the state of Oklahoma has enacted legislation or the governor of Oklahoma has issued an executive order or similar action that permits Oklahoma 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.

  ^*8.  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. 2018 H.B. 1355 merged with S.B. 870)

*Contingent effective date.