SS/SCS/HCS/HB 583 - This act modifies various provisions relating to crime victims.SECTION 191.225
Under this section, the Department of Health and Senior Services shall make payments to medical providers to cover the charges of forensic examinations for victims of sexual offenses under certain circumstances. Current law requires the department to pay hospitals and physicians for the costs of medical exams that are not covered by insurance, Medicare, or Medicaid for certain victims of sexual offenses. The appropriate medical provider shall file the report of the exam with the prosecuting attorney within three business days of its completion.
The attorney general shall develop the forms and procedures for gathering evidence during forensic exams. Rather than the attorney general furnishing hospitals with copies of such forms, the department of Health and Senior Services shall develop a checklist for medical providers to refer to while providing treatment to victims.
The Highway Patrol, or its designees, is required to develop evidentiary collection kits and, subject to appropriation, make them available to medical providers. The medical providers shall use the kits to perform a forensic exam following the department's checklist. No medical provider shall charge such a victim for the forensic exam; however, if a victim is eligible for relief from the crime victims' compensation fund, the provider may seek compensation from the fund money.
SECTION 217.692
Certain offenders who have pleaded guilty to or been found guilty of homicide of a spouse or domestic partner and are serving a life sentence without the possibility of parole for at least fifty years shall be eligible for parole after having served fifteen years if the board of probation and parole determines that there is a strong probability that the person will not violate the law again. In order to be eligible, the offender must have pled guilty or began his or her trial prior to December 31, 1990. The offender must have no prior violent felony convictions, no longer have a cognizable legal claim and have a history of being a victim of continual and substantial physical or sexual domestic violence that was not presented as an affirmative defense at trial or sentencing and is corroborated with evidence of facts or circumstances which existed at the time of the alleged violence.
When making its decision, the board shall consider certain criteria. A person commits perjury as a class C felony for knowingly making false witness statements to the board.
In cases where witness statements are conflicting as to whether such domestic violence occurred or was substantial and continual in nature, the history shall be established by other corroborative evidence in addition to witness statements. A contradictory statement of the victim shall not be deemed to be a conflicting statement.
SECTION 431.056
This section provides that persons age 16 or 17 who are homeless, self-supporting, and whose parents have given implied or express consent, may enter into a contract to receive services as a victim of domestic and sexual violence, in addition to being able to enter other contracts for admission to a shelter, housing, employment, purchase of a vehicle, receipt of student loans, admission to school, obtaining medical care, and establishing a bank account.
SECTION 455.003
This section requires employees or volunteers of a rape crisis center to maintain confidentiality of information that would identify individuals served by the center and any information directly related to the advocacy services. Also, prior to providing advocacy services, the center shall inform individuals of the nature and scope of the confidentiality requirements.
An employee or volunteer of a rape crisis center shall be incompetent to testify concerning any confidential information unless the confidentiality requirements are waived by the individual served.
SECTION 455.038
Under this section, if a person who has petitioned for an ex parte order of protection has opted to register a phone number with the victim notification system, then the circuit clerk is required to notify the petitioner by phone when the order has been served or if no more attempts to serve are planned. The local law enforcement agency shall notify the circuit clerk when no more service attempts are planned by that agency. The provisions of the act shall only apply to those circuit clerks able to access a statewide victim notification designed to provide notification of service of orders of protection.
SECTION 537.047
This section creates a civil cause of action for victims of child pornography offenses who suffer physical or psychological injury or illness as a result of the violation.
SECTION 565.072
Under this section, a person who commits domestic assault in the first degree shall be guilty of a Class A felony, rather than a class B felony, if he or she has previously pleaded guilty to or been found guilty of committing such crime. Currently, this crime is only a Class A felony if the person inflicts serious physical injury on the victim.
SECTION 566.224
No prosecuting attorney, peace officer, governmental official, or employee of a law enforcement agency shall request or require a victim of sexual assault or forcible rape to submit to a polygraph test or psychological stress evaluator exam as a condition upon proceeding with a criminal investigation of such crime.
SECTION 566.226
This section requires identifying information of sexual assault, domestic violence, stalking, or forcible rape victims to be closed and redacted from any court record, whether written or published on the Internet, before being disclosed to the public. Identifying information shall include the name, home or temporary address, social security number, and physical characteristics of the victim. If the court determines that the person or entity requesting identifying information has a legitimate interest in obtaining such information, the court may allow access to such information, but only if it determines that disclosure would not compromise the welfare or safety of the victim.
SECTIONS 589.660 to 589.683
These sections create in the Secretary of State's Office the "Address Confidentiality Program" for victims of domestic violence, rape, sexual assault, and stalking. The program authorizes the use of designated addresses for such victims and their minor children. The Secretary of State shall promulgate rules to implement and administer this program.
An adult, parent of a minor, or guardian of an incapacitated person may apply to the Secretary of State to have a designated address assigned. The Secretary may only approve applications filed properly with the office as established by rule. The application shall contain certain information, including the person's mailing address, the applicant's signature, and a designation of the Secretary as agent for the purpose of service of process and receipt of first-class mail, legal documents, and certified mail. The applicant must supply a sworn statement that he or she is a victim of violence and fears further violent acts from his or her assailant. The applicant must also supply addresses that he or she does not want disclosed because it will jeopardize the applicant's safety.
Upon receiving a properly completed application, the Secretary may certify the applicant as a program participant for four years and forward his or her first-class mail, legal documents, and certified mail. Notification of lapsing certification and a reapplication form shall be sent to the program participant at least four weeks prior to expiration.
The Secretary of State may cancel, with limited exceptions, the certification of a program participant if:
1) The participant obtains a name change;
2) There is a change in the mailing address from the person listed on the application and another address is not provided; or
3) The applicant or participant provides false information or makes false claims in the application or assists another person in doing so.
State and local agencies and the courts shall accept the designated address as a program participant's address when creating new public records unless statute requires otherwise.
The Secretary may make a program participant's address or mailing address available if requested by law enforcement or the director of a state agency if he or she shows a statutory or administrative requirement for the use of such addresses. If deemed appropriate, the Secretary shall make a program participant's addresses available:
1) To a person identified in a court order when the order specifically requires the disclosure of a participant's address and the reasons for the disclosure; or
2) If the certification has been cancelled because the applicant or participant used false information in an application or made a false claim.
A program participant's application and supporting materials are not a public record and shall be kept confidential.
These sections contain a sunset clause.
SECTION 595.030
In order to properly file a criminal report with the authorities, the report of the forensic exam may be filed with the prosecuting attorney.
This section also includes unreimbursed or unreimbursable expenses incurred as a result of personal property being seized in a criminal investigation by a law enforcement agency as "out-of-pocket loss". Under certain circumstance, a victim may receive payment for such "out-of-pocket losses" from the Crime Victims' Compensation Fund for the value of the loss sustained but shall not exceed $250.
SECTION 595.036
This act allows any party aggrieved by a decision of the department on a claim under the Crime Victims' Compensation Fund to filing a petition with the Division of Workers' Compensation to have such decision heard de novo by an administrative law judge. The petition must be filed within 30 days of notification of mailing of such decision. Decisions of the administrative law judge shall may file a petition with the Labor and Industrial Relations Commission to review the decision. Decisions of the commission shall be heard on appeal by the court of appeals.
SECTION 595.209
This section allows a crime victim to offer a statement by counsel or a representative designated by the victim in lieu of a personal appearance at a hearing before the juvenile authorities, the board of probation and parole, or a mental health facility. The victim also has the right to have a partition set up in the probation and parole hearing room in order to shield the victim from the offender.
Under this section, an employer may not discharge or discipline an employee for attending a criminal proceeding or require any witness, victim, or member of the victim's family to use vacation time, personal time, or sick leave for honoring a subpoena to testify at, attend, or participate in a criminal proceeding.
This act is similar to SS/SCS/SB 429 (2007), HB 1317 (2006), & SCS/SBs 372 & 366 (2007), HCS/SS/SCS/SB 5 (2007), SB 529 (2007), HB 632 (2007), HCS/HB 406 (2007), HB 610 (2007), HB 961 (2007) & HB 860 (2007).
SUSAN HENDERSON MOORE