SJR 87

SECOND REGULAR SESSION
  [TRULY AGREED TO AND FINALLY PASSED]
  CONFERENCE COMMITTEE SUBSTITUTE FOR
  HOUSE COMMITTEE SUBSTITUTE FOR
  SENATE SUBSTITUTE FOR
    SENATE JOINT RESOLUTION NO. 87
  103RD GENERAL ASSEMBLY
  2026
4330S.06T
  JOINT RESOLUTION
Submitting to the qualified voters of Missouri, an amendment to article VII of the Constitution of
  Missouri, by adding thereto one new section relating to sheriffs.
Be it resolved by the Senate, the House of Representatives concurring therein:
1That at the next general election to be held in the
2  state of Missouri, on Tuesday next following the first Monday
3  in November, 2026, or at a special election to be called by
4  the governor for that purpose, there is hereby submitted to
5  the qualified voters of this state, for adoption or
6  rejection, the following amendment to article VII of the
7  Constitution of the state of Missouri:
1Section A.  Article VII, Constitution of Missouri, is
2  amended by adding thereto one new section, to be known as
3  section 15, to read as follows:
1Section 15.  1.     Except as provided in subsection 2 of
2  this section, each county shall elect a sheriff for a term
3  of four years by a majority of the qualified voters of the
4  county voting thereon at the time of voting designated for
5  such office provided by law as of the effective date of this
6  section and every four years thereafter.
72.     The provisions of this section shall not apply to:
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8(1)    Any city not within a county;
9(2)    Any county with a charter form of government
10 adjacent to a city not within a county; or
11      (3)    Any county with a charter form of government that
12 has a population greater than four hundred thousand
13 inhabitants and that is adjacent to a county with a
14 population greater than nine hundred thousand inhabitants.
15      3.    Except as provided in subsection 2 of this section,
16 the elected sheriff shall be the chief law enforcement
17 officer in his or her county.    Notwithstanding Article VI,
18 Section 18(a) or any other article of the Missouri
19 Constitution to the contrary, every sheriff, except as
20 provided in subsection 2 of this section, in addition to
21 duties as set in law, shall quell and suppress assaults,
22 batteries, riots, routs, affrays, and insurrections and
23 shall:
24      (1)    Apprehend and commit to jail all felons and
25 traitors;
26      (2)    Attend each division of the circuit court presided
27 over by a circuit or associate circuit court judge held in
28 his or her county, when so directed by the court; and
29      (3)    Execute process, including writs of replevin,
30 attachments, and final process issued by circuit and
31 associate circuit court judges, unless the sheriff of the
32 county does not perform such duties as of August 28, 2026.
33      4.    Except as provided in subsection 2 of this section,
34 every sheriff is a conservator of the peace within his or
35 her county and shall cause all offenders against law to
36 appear at the next term of the circuit or associate court of
37 the county, and to be committed to jail in case of failure
38 to give the recognizance.
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39      5.    Except as provided in subsection 2 of this section,
40 the sheriff shall hire and appoint such deputies,
41 assistants, and other employees as the sheriff deems
42 necessary for the proper discharge of the duties of his or
43 her office, who shall hold office at the will and pleasure
44 of the sheriff and may set their compensation within the
45 limits of the allocations made for that purpose.
46      6.    Except as provided in subsection 2 of this section,
47 an elected county sheriff shall not be removed from office
48 except by writ of quo warranto initiated by the attorney
49 general.
1Section B.     Pursuant to chapter 116, and other
2  applicable constitutional provisions and laws of this state
3  allowing the general assembly to adopt ballot language for
4  the submission of this joint resolution to the voters of
5  this state, the official summary statement of this
6  resolution shall be as follows:
7"Shall the Missouri Constitution be amended to
8support law enforcement by preserving the right
9of citizens to elect a county sheriff,
10      prohibiting the removal of a county sheriff
11      except by a writ of quo warranto, and
12      recognizing the office of sheriff as part of the
13      administration of justice?".
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