- Introduced -

SB 757 - This act revises various child protection laws, and various criminal provisions including those targeting children as victims.

CHILD ABUSE AND NEGLECT REPORTS

210.109 - The Division of Family Services shall immediately contact law enforcement upon receipt of a report of a suspected violation of certain criminal provisions targeting children. As used in this section, "report" includes hotline calls.

210.115 - Certain medical, child care and school personnel are currently required to report the death of a child under 18 years of age to the Division. If the medical examiner or coroner determines that the child died from natural causes while under medical care and the child's personal physician shall be signing the death certificate, the child's physician shall notify the Division within 24 hours of the child's death. In all other cases, the medical examiner or coroner shall notify the Division of the child's death within 24 hours.

210.145 - The local office of the Division must currently relay reports of certain crimes involving children to local law enforcement. Adds possession of child pornography and newly created crime of furnishing child pornography to a minor to this list.

210.150 - Currently, a person shall have the records of unsubstantiated reports destroyed after two years. This period is extended to ten years. Release of findings or information about cases resulting in a child fatality or near fatality is at the Director of the Department of Social Services' discretion, based upon potential harm to other children within the immediate family.

210.152 - In cases where the Division finds insufficient evidence, the Division shall retain identifying information for ten years from the date of the report. Currently, the law allows the Division to retain information five years, and to begin counting this time from the date of the closing of a case.

210.192 - The local child fatality review panel shall review all deaths of children under the age of 18, that meet the guidelines set by the Department of Social Services. In addition, the panel has discretion to review any child death reported to it by the medical examiner or coroner.

210.195 - The state Child Fatality Review Panel shall meet at least biannually. The state technical assistance team shall submit findings and recommendations at least once a year to entities including juvenile officers, the chairmen of the local child fatality review panels.

EVIDENCE

491.074 - A prior inconsistent statement of any witness testifying in any criminal trial shall be received as substantive evidence. Currently, this provision is limited to prosecutions for offenses against the person, sexual offenses or offenses against the family.

SENTENCING

559.115 - A court may not grant probation to defendants convicted of certain crimes, including abuse of a child pursuant to Section 568.060, when classified as an A felony. (Abuse of a child is a Class A felony when the offense results in the death of the child.)

CRIMINAL PROVISIONS

566.067 - A person commits the crime of child molestation in the first degree if he subjects a child less than 14 years of age to sexual contact. The penalty for child molestation in the first degree is increased to a B felony (currently, a C felony). If the actor is a repeat offender, inflicts serious physical injury, displays a weapon or subjects the victim to sexual intercourse or deviate sexual intercourse with more than one person, the penalty in increased to an A felony (currently, a B felony).

568.065 - Creates the new Class A felony of assault of a child in the first degree, if a person attempts to kill or knowingly causes or attempts to cause serious physical injury to a person less than 17 years of age. Mistake as to age is not a defense.

568.066 - Creates the new Class B felony of assault of a child in the second degree, for attempting to cause or knowingly causing physical injury to a child by means of a deadly weapon or dangerous instrument; recklessly causing serious physical injury to a child; or operating a motor vehicle with criminal negligence while intoxicated or under the influence of controlled substances or drugs, causing physical injury to a child. A child is defined as a person less than 17. Mistake as to age is not a defense.

568.067 - Creates the new Class A misdemeanor of assault of a child in the third degree, for: attempting to cause or recklessly causing physical injury to a child "and such conduct was not discipline administered in a reasonable manner"; causing physical injury with a deadly weapon as a result of criminal negligence; recklessly engaging in conduct which creates a grave risk of death or serious physical injury. A child is defined as a person less than 17. Mistake as to age is not a defense.

573.010 - Creates and revises various definitions.

573.025 & 573.035 - Combines provisions which currently constitute the Class A felony of promoting child promoting child pornography in the first degree (B felony) and promoting child pornography in the second degree (a C felony), into one section establishing the crime of promoting child pornography, a Class A felony.

573.037 - Possession of child pornography shall include possession or control of any visual depictions of a minor involved in sexual contact. The crime is enhanced from a Class A misdemeanor to a Class D felony. Eliminates the requirement of a prior offense before offender is guilty of a felony. Each and every visual depiction of child pornography constitutes a separate offense.

573.045 - Creates new Class A felony of furnishing child pornography to a minor, which includes electronic transfer of child pornography to a minor. Each and every visual depiction of child pornography constitutes a separate offense.

EVIDENCE

573.050 - In any prosecution for child pornography in the first or second degree or for furnishing child pornography to minors, the determination of the child's age shall be made as set forth in section 568.100, or the determination that the child involved meets the definition of "identifiable minor", shall constitute sufficient evidence to support a conviction.

SPECIAL TEAM

660.520 - A special team, to be called a state technical assistance team, shall act in cases of child abuse, child neglect, child sexual abuse, child exploitation or child fatality. Where assistance is requested, state technical assistance team members shall investigate these claims and shall cooperate with law enforcement. Team members must have training to be peace officers. If authorized by local law enforcement, team members shall have arrest powers. Reports of the team, including arrest records, shall be available in the same manner as set forth in sections 610.010 to 610.200.

Certain provisions in this act are identical to portions of SB 758.

JOAN GUMMELS