Section 590.653

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 590

Effective - 28 Aug 2024, 2 histories   

  590.653.  Civilian review and oversight — board, division, and entities — powers, duties. — 1.  Each city, county and city not within a county may establish a civilian review board, division of civilian oversight, or any other entity which provides civilian review or oversight of police agencies, or may use an existing civilian review board or division of civilian oversight or other named entity which has been appointed by the local governing body, with the authority to investigate allegations of misconduct by local law enforcement officers towards members of the public.  The members shall not receive compensation but shall receive reimbursement from the local governing body for all reasonable and necessary expenses.

  2.  The board, division, or any other such entity, shall have the power solely limited to receiving, investigating, making findings and recommending disciplinary action upon complaints by members of the public against members of the police department that allege misconduct involving excessive use of force, abuse of authority, discourtesy, or use of offensive language, including, but not limited to, slurs relating to race, ethnicity, religion, gender, sexual orientation and disability.  The findings and recommendations of the board, division, or other entity and the basis therefor, shall be submitted to the chief law enforcement official.  No finding or recommendation shall be based solely upon an unsworn complaint or statement, nor shall prior unsubstantiated, unfounded or withdrawn complaints be the basis for any such findings or recommendations.  Only the powers specifically granted herein are authorized and any and all authority granted to future or existing boards, divisions, or entities outside the scope of the powers listed herein are expressly preempted and void as a matter of law.

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(L. 2000 S.B. 1053, A.L. 2024 S.B. 754, et al.)