House budget proposal could mean fewer DUI checkpoints on Missouri roads

If the House’s budget proposal stands, Missourians might see fewer DUI checkpoints on state roads over the next fiscal year.

Representative Galen Higdon opposed language in the House's FY '18 budget proposal that would keep state and federal funds allocated by that budget from going to DUI Checkpoints. (photo; Tim Bommel, Missouri House Communications)
Representative Galen Higdon opposed language in the House’s FY ’18 budget proposal that would keep state and federal funds allocated by that budget from going to DUI Checkpoints. (photo; Tim Bommel, Missouri House Communications)

The House proposed language that would prevent money controlled by that budget from going to such checkpoints.  House Budget Committee Chairman Scott Fitzpatrick (R-Shell Knob) said this is largely because of data indicating checkpoints aren’t effective enough compared to other enforcement methods.

“I looked at the data … on what’s the best way to get drunk drivers off the road, and according to data from [the Department of Transportation], the best way to do it is saturation patrols,” said Fitzpatrick.  “Last year alone, saturation patrols resulted in a little over 3,000 DWI arrests.  Checkpoints resulted in about 1,200, at a cost of over $1,000 per arrest when you look at how much we spend on the checkpoints.”

Lake St. Louis Republican Representative Justin Hill, who formerly worked for the O’Fallon Police Department, also said saturation efforts are more effective.  He encouraged fellow lawmakers to give those a try for the twelve months of Fiscal Year ’18.

“Let’s look at the numbers, and I’m sure you will see, and your constituents and your police departments will see that this is more effective and is least impacting innocent individuals that might otherwise go through a checkpoint,” said Hill.

Representative Galen Higdon (R-St. Joseph) is a former Buchanan County Sheriff’s Deputy.  He coordinated checkpoints for the last four years before his retirement.  He believes checkpoints have reduced crashes in his district, so he opposed the new language.

“[Checkpoints] are an efficient way to reduce intoxicated or impaired drivers on our highways,” said Higdon.

Representative Justin Hill supports language in the House's FY '18 budget proposal that would discourage DUI checkpoints for what he believes are more effective efforts. (photo; Tim Bommel, Missouri House Communications)
Representative Justin Hill supports language in the House’s FY ’18 budget proposal that would discourage DUI checkpoints for what he believes are more effective efforts. (photo; Tim Bommel, Missouri House Communications)

Representative Kathie Conway (R-St. Charles) chairs the budget subcommittee on Public Safety.  She said when the idea to bar state funds from going to checkpoints came up she heard from numerous law enforcement agencies, victims groups, anti-drunk driving groups, and others who opposed the change and were “upset” about it.

She said checkpoints and saturation efforts can work in conjunction, and said the latter actually work better when the two are used together.

“While [saturation efforts] are good methods as well, a lot of them hinge on DUI checkpoints because it drives people nearby to avoid the checkpoints,” said Conway.

Proponents of the change also said there are questions of whether checkpoints violate Missourians’ rights, and said saturation efforts are also more effective at dealing with other violations of the law besides impaired driving.

If the language becomes law, nothing in Missouri law would prevent law enforcement agencies from conducting checkpoints.  They simply would not be able to use money allocated by the state budget to do so.

The House’s proposed budget plan next goes to the state Senate for its consideration.

Proposed ‘Good Samaritan Law’ aims to save the lives of some who would overdose

A state House member wants to encourage people to call for help for friends and loved ones having an overdose.

Representative Steve Lynch presents his proposed
Representative Steve Lynch presents his proposed “Good Samaritan” law, which he believes would save lives of some who would suffer from an overdose. (photo; Tim Bommel, Missouri House Communications)

Waynesville Republican Steve Lynch says his legislation, House Bill 294, is commonly known as a “good Samaritan” law.  It would protect a person from arrest or prosecution for charges related to minor possession of drugs or paraphernalia, or being under the influence, if that person calls for emergency medical help for a person suffering a drug or alcohol overdose.

“Good Samaritan laws like this one address the fear of criminal repercussions for assisting and seeking medical emergency services while they may have a small amount of drugs on them or may be under the influence of drugs or alcohol,” said Lynch.

Lynch alternately refers to the bill as “Bailey and Cody’s Law,” for two overdose victims, each of whom had a parent testify in favor of HB 294 in a House Committee on Crime Prevention and Public Safety hearing.

Jim Marshall thinks such a law would have prevented friends of his son, Cody, from leaving where he was found by his father:  on the living room floor dying of an overdose.

“I really believe those young men feared the perception of what we’re talking about – of being prosecuted, being blamed for the overdose situation,” said Marshall.  “I think that’s the big part of this whole scenario here.  Even if the police are saying they have discretion to prosecute, there’s that fear.”

Lisa Benton said friends of her daughter, Bailey, watched as she had two seizures and waited for a drug dealer to leave before calling 911.

“I don’t see how anybody could watch anybody suffer like that, and I know that my daughter made a terrible choice to do drugs, but she didn’t deserve to lose her life.  She should be here right now,” said Benton.  “I strongly believe that if this law was in effect that it would have saved her.”

Representative Justin Hill (R-Lake St. Louis) asked whether the bill goes far enough to truly make a difference.

“If somebody knows they can still be charged with manslaughter or distribution, does this fix the problem?” asked Hill.

Supporters told Hill the bill would be part of a series of steps toward addressing the problem.  Lynch said another of those steps was taken last year, when the legislature passed and former Governor Jay Nixon signed a bill to make a heroin overdose antidote more readily available.

MO House again asked to require independent investigators in officer-involved deaths

A House Republican is again proposing that independent investigators be required whenever a law enforcement officer in Missouri is involved in someone’s death.

Representative Shamed Dogan (right) listens as Michael Bell testifies in favor of a bill that would require independent investigations of all deaths involving law enforcement officers.  Bell's son was fatally shot by police in Kenosha, WI, in 2004.  Bell later won a lawsuit against police in that case.  (photo; Tim Bommel, Missouri House Communications)
Representative Shamed Dogan (right) listens as Michael Bell testifies in favor of a bill that would require independent investigations of all deaths involving law enforcement officers. Bell’s son was fatally shot by police in Kenosha, WI, in 2004. Bell later won a lawsuit against police in that case. (photo; Tim Bommel, Missouri House Communications)

House Bill 232 would require all law enforcement agencies in Missouri to have written policies on how officer-involved deaths would be handled.  Those policies would have to utilize at least two investigators, with neither of them being employed by the same agency as the officer involved in the death.  In the case of traffic-related deaths, the bill would require that an outside crash reconstruction team participate in the investigation.

The bill would also require the investigators issue a report to the local prosecutor.  If that prosecutor decides no prosecution will follow, the investigators would make that report public.

This is the third year Representative Shamed Dogan (R-Baldwin) has offered such a bill.

“My personal interest in it came after the events in Ferguson.  I was really just seeking ways to try and improve people’s trust in police,” said Dogan.  “As we saw in Ferguson and other incidents in our state since then, I think there has been a diminished trust that whenever police do kill someone in their custody that there’s going to be justice done for that person.”

The bill is modeled after legislation that has become law in Wisconsin.  It was backed by Michael Bell, whose son Michael was shot and killed by police in Kenosha, Wisconsin, in 2004.  Bell later won a lawsuit against police over the incident.

Bell said the legislation has been put to the test in the four states where it has been passed and he believes it has worked well and has improved the public’s trust in law enforcement.  He said that would also make police safer.

“One of the things I was appalled by was the shooting of the five police officers in Dallas,” said Bell.  “Those retribution-type things are occurring out there, and I think that this would help in the right direction of making those retribution-type shootings become nonexistent.”

Representative Justin Hill (R-Lake St. Louis), a former O’Fallon police officer and drug task force member, questioned whether the bill would make a difference.

“There’s no direction [in the bill] as to how far and wide you seek other law enforcement investigators,” said Hill.  “In St. Louis County, I mean we have like 30 agencies within, I don’t know, 20 square miles probably.  Don’t you fear that you get the same thing there?  I mean, ‘Hey buddy, come on over here and investigate this?”

As in past years, some have questioned what the cost of Dogan’s proposal would be on law enforcement agencies, especially in rural areas.

Hill also said many law enforcement agencies in Missouri already use an outside investigator in officer-involved deaths.

“There was an independent investigation in Ferguson and the city still burned,” said Hill.

Dogan said after the House last week endorsed legislation that would increase penalties when certain crimes are committed against law enforcement, following up with his legislation makes sense.

“We had a very productive and very heartfelt debate over bills concerning how we can protect law enforcement officers, and we definitely stood up as a body and said, ‘We have your backs,’ to law enforcement, all the people in our communities ask is that we have their backs,” said Dogan.

The bill would allow the agency an officer involved in a death works for to conduct its own investigation as long as it would not interfere with the independent investigation that the bill requires.