Missouri Senate

House Committee Substitute

This act requires the display of the Honor and Remember flag at all state buildings and state parks as an official recognition and in honor of fallen members of the Armed Forces of the United States. (Section 8.012 & Section 253.048)

This act allows any individual who is separating from the military forces of the United States with an honorable discharge or a general discharge to be considered a resident student for admission and in-state tuition purposes at an approved public four-year institution of higher education or in-state and in-district for admission and tuition at any approved public two-year institution of higher education. The separating military member must demonstrate presence and declare residency within Missouri and, if attending a community college, presence within the taxing district of the community college. The Coordinating Board for Higher Education must promulgate rules to implement this act. (Section 173.1150)

This act contains a provision identical to SB 218 (2013).

MICHAEL RUFF

HA 1: THIS ACT ESTABLISHES THE CHILD CUSTODY AND VISITATION RIGHTS OF A DEPLOYING MILITARY PARENT. A DEPLOYING PARENT IS A MILITARY PARENT WHO HAS RECEIVED WRITTEN ORDERS TO DEPLOY WITH THE UNITED STATES ARMY, NAVY, AIR FORCE, MARINE CORPS, COAST GUARD, NATIONAL GUARD, OR ANY OTHER RESERVE COMPONENT.

THIS AMENDMENT PROVIDES THAT IF A DEPLOYING PARENT IS REQUIRED TO BE SEPARATED FROM A CHILD, A COURT SHALL NOT ENTER A FINAL ORDER MODIFYING THE TERMS OF CUSTODY OR VISITATION CONTAINED IN AN EXISTING ORDER UNTIL 90 DAYS AFTER THE DEPLOYMENT ENDS UNLESS THERE IS A WRITTEN AGREEMENT BY BOTH PARTIES. DEPLOYMENT OR THE POTENTIAL FOR FUTURE DEPLOYMENT SHALL NOT BE THE SOLE FACTOR SUPPORTING A CHANGE IN CIRCUMSTANCES OR GROUNDS SUFFICIENT TO SUPPORT A PERMANENT MODIFICATION OF THE CUSTODY OR VISITATION TERMS ESTABLISHED IN AN EXISTING ORDER.

EXISTING COURT ORDERS

THIS AMENDMENT PROVIDES THAT A CUSTODY OR VISITATION ORDER MAY BE TEMPORARILY MODIFIED TO MAKE REASONABLE ACCOMMODATION FOR THE PARTIES DUE TO THE DEPLOYMENT. SUCH TEMPORARY ORDER SHALL ALSO SPECIFY THE TERMS OF CUSTODY OR VISITATION DURING THE DEPLOYMENT AND FOR WHEN THERE IS LEAVE TIME FOR THE DEPLOYING PARENT. PROCEDURES ARE DELINEATED FOR THE DEPLOYING PARENT TO OBTAIN AN EXPEDITED HEARING IN ANY CUSTODY OR VISITATION MATTERS.

THIS AMENDMENT REQUIRES THE NONDEPLOYING PARENT TO PROVIDE WRITTEN NOTICE TO THE COURT AND TO THE DEPLOYING PARENT OF ANY CHANGE OF ADDRESS AND CONTACT INFORMATION WITHIN SEVEN DAYS OF THE CHANGE, EXCEPT IN INSTANCES WHERE THERE IS A VALID ORDER OF PROTECTION IN EFFECT REQUIRING THE CONFIDENTIALITY OF THE NONDEPLOYING PARENT'S CONTACT INFORMATION. IN SUCH INSTANCES THE INFORMATION SHALL ONLY BE GIVEN TO THE COURT. NOTHING IN THE AMENDMENT SHALL BE CONSTRUED TO ELIMINATE CURRENT LAW REQUIREMENTS REGARDING RELOCATION PROCEDURES.

AFTER DEPLOYMENT

A TEMPORARY MODIFICATION SHALL AUTOMATICALLY END NO LATER THAN 30 DAYS AFTER THE RETURN OF THE DEPLOYING PARENT AND THE ORIGINAL TERMS OF THE CUSTODY OR VISITATION ORDER IN PLACE AT THE TIME OF DEPLOYMENT ARE AUTOMATICALLY REINSTATED.

THE COURT MAY ALSO CONDUCT AN EXPEDITED OR EMERGENCY HEARING WITHIN 10 DAYS OF THE FILING OF A MOTION REGARDING CUSTODY OR VISITATION UPON RETURN OF THE DEPLOYING PARENT IN CASES ALLEGING AN IMMEDIATE DANGER OR IRREPARABLE HARM TO THE CHILD. THE NONDEPLOYING PARENT SHALL BEAR THE BURDEN OF SHOWING THAT REENTRY OF THE CUSTODY OR VISITATION ORDER IN EFFECT BEFORE THE DEPLOYMENT IS NO LONGER IN THE CHILD'S BEST INTERESTS.

THE COURT SHALL SET ANY NONEMERGENCY MOTION BY THE NONDEPLOYING PARENT FOR HEARING WITHIN 30 DAYS OF THE FILING OF THE MOTION.

DELEGATION OF VISITATION RIGHTS

UPON MOTION OF THE DEPLOYING PARENT OR UPON MOTION OF A FAMILY MEMBER OF THE DEPLOYING PARENT WITH HIS OR HER CONSENT, THE COURT MAY DELEGATE HIS OR HER VISITATION RIGHTS, OR A PORTION OF SUCH RIGHTS, TO A FAMILY MEMBER WITH A CLOSE AND SUBSTANTIAL RELATIONSHIP TO THE MINOR CHILD OR CHILDREN FOR THE DURATION OF THE DEPLOYMENT IF IT IS IN THE BEST INTEREST OF THE CHILD. SUCH RIGHTS SHALL TERMINATE BY OPERATION OF LAW UPON THE END OF THE DEPLOYMENT, AS SET FORTH UNDER THE AMENDMENT. THERE IS A REBUTTABLE PRESUMPTION THAT DELEGATION OF RIGHTS SHALL NOT BE PERMITTED IN INSTANCES OF DOMESTIC VIOLENCE ON THE PART OF THE FAMILY MEMBER SEEKING THE DELEGATED VISITATION RIGHTS.

ADDITIONAL PROVISIONS

THIS AMENDMENT SPECIFIES CERTAIN OBLIGATIONS THE NONDEPLOYING AND DEPLOYING PARENT HAVE TOWARD EACH OTHER UNDER ANY ORDER ENTERED. A DEPLOYING PARENT IS REQUIRED TO PROVIDE A COPY OF HIS OR HER ORDERS TO THE NONDEPLOYING PARENT PROMPTLY AND WITHOUT DELAY PRIOR TO THE DEPLOYMENT.

THIS AMENDMENT PROHIBITS A COURT FROM COUNTING ANY TIME PERIODS DURING WHICH THE DEPLOYING PARENT DID NOT EXERCISE VISITATION DUE TO MILITARY DUTIES WHEN DETERMINING WHETHER A PARENT FAILED TO EXERCISE SUCH RIGHTS. THIS AMENDMENT ALSO SPECIFIES THAT ANY ABSENCE OF A CHILD FROM THE STATE DURING A DEPLOYMENT AFTER AN ORDER FOR CUSTODY HAS BEEN ENTERED MUST BE DENOMINATED AS A TEMPORARY ABSENCE FOR THE PURPOSES OF THE UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT.

THIS AMENDMENT SPECIFIES HOW THE COURT MAY AWARD ATTORNEY'S FEES AND COURT COSTS.

THIS AMENDMENT IS IDENTICAL TO HCS/SB 110 (2013).

HOUSE AMENDMENT 2: THIS AMENDMENT CREATES THE "VETERANS TREATMENT INTERVENTION ACT." THE PRESIDING JUDGE OF ANY JUDICIAL CIRCUIT OR A COMBINATION OF CIRCUIT COURTS MAY ESTABLISH A "MILITARY AND VETERANS AND SERVICEMEMBERS COURT PROGRAM." VETERANS AND SERVICEMEMBERS WHO SUFFER FROM A MILITARY-RELATED MENTAL ILLNESS, TRAUMATIC BRAIN INJURY, SUBSTANCE ABUSE DISORDER, OR PSYCHOLOGICAL PROBLEM MAY BE SENTENCED IN A MANNER THAT APPROPRIATELY ADDRESSES THE SEVERITY OF THE CONDITION THROUGH SERVICES TAILORED TO INDIVIDUAL NEEDS.

ANY PERSON CHARGED WITH A FELONY WHO IS IDENTIFIED AS A VETERAN OR SERVICEMEMBER WHO SUFFERS FROM A MILITARY SERVICE-RELATED MENTAL ILLNESS, TRAUMATIC BRAIN INJURY, SUBSTANCE ABUSE DISORDER OR PSYCHOLOGICAL PROBLEM IS ELIGIBLE FOR ADMISSION INTO A VETERANS' TREATMENT INTERVENTION PROGRAM APPROVED BY THE PRESIDING JUDGE OF THE CIRCUIT UPON MOTION OF EITHER PARTY OR ON THE COURT'S OWN MOTION. THE COURT MAY DENY ADMISSION INTO A PROGRAM IF THE DEFENDANT WAS PREVIOUSLY OFFERED ADMISSION TO A PROGRAM BEFORE TRIAL AND THE DEFENDANT REJECTED THE OFFER OR IF THE DEFENDANT PREVIOUSLY ENTERED INTO A PROGRAM.

VETERANS OR SERVICEMEMBERS ARE NOT ELIGIBLE FOR THE VETERANS TREATMENT INTERVENTION PROGRAM IF THEY ARE CHARGED WITH ANY OF THE FOLLOWING FELONIES: MURDER OR MANSLAUGHTER, KIDNAPPING OR FALSE IMPRISONMENT, AGGRAVATED ASSAULT, STALKING, ELDER ABUSE, SEXUAL OFFENSES, OFFENSES AGAINST THE FAMILY, ROBBERY OR BURGLARY, ARSON, WATER CONTAMINATION, CHILD PORNOGRAPHY, TREASON, OR ANY OFFENSE COMMITTED IN ANOTHER JURISDICTION THAT WOULD BE A FELONY IF COMMITTED IN MISSOURI.

WHILE ENROLLED IN A PROGRAM, THE PARTICIPANT WILL BE SUBJECT TO A COORDINATED STRATEGY DEVELOPED BY A VETERANS' TREATMENT INTERVENTION TEAM, AS DESCRIBED IN THE AMENDMENT. IF THE PERSON'S CHARGES ARE DISMISSED AFTER SUCCESSFUL COMPLETION OF THE PROGRAM, HIS OR HER ARREST RECORD MAY BE EXPUNGED. AT THE END OF THE INTERVENTION PERIOD, THE COURT MUST CONSIDER THE TREATMENT PROGRAM'S RECOMMENDATION AND THE PROSECUTING ATTORNEY'S RECOMMENDATION AS TO THE DISPOSITION OF THE PENDING CHARGES. IF THE COURT FINDS THAT THE DEFENDANT HAS NOT SUCCESSFULLY COMPLETED THE PROGRAM, THE COURT MAY ORDER HIM OR HER TO CONTINUE EDUCATION AND TREATMENT, DO JAIL-BASED TREATMENT PROGRAMS, OR ORDER THAT THE CHARGES PROCEED. THE COURT MUST DISMISS THE CHARGES UPON FINDING THAT THE DEFENDANT HAS SUCCESSFULLY COMPLETED THE INTERVENTION PROGRAM.

ANY VETERAN OR SERVICEMEMBER CHARGED WITH A MISDEMEANOR WHO SUFFERS FROM A MILITARY SERVICE-RELATED MENTAL ILLNESS, TRAUMATIC BRAIN INJURY, SUBSTANCE ABUSE DISORDER OR PSYCHOLOGICAL PROBLEM IS ELIGIBLE FOR ADMISSION INTO A VETERANS' TREATMENT INTERVENTION PROGRAM APPROVED BY THE PRESIDING JUDGE OF THE CIRCUIT UPON MOTION OF EITHER PARTY OR ON THE COURT'S OWN MOTION. WHILE ENROLLED, THE PARTICIPANT WILL BE SUBJECT TO A COORDINATED STRATEGY DEVELOPED BY A VETERANS' TREATMENT INTERVENTION, AS DESCRIBED IN THE AMENDMENT. THE COURT MUST DETERMINE WHETHER THE DEFENDANT HAS SUCCESSFULLY COMPLETED THE TREATMENT PROGRAM, AND IF NOT, THE COURT MAY ORDER CONTINUED EDUCATION AND TREATMENT OR RETURN THE CHARGES TO THE CRIMINAL DOCKET.

THE AMENDMENT CONTAINS SPECIFICATIONS AND REQUIREMENTS FOR PUBLIC AND PRIVATE ENTITIES THAT CONTRACT WITH COUNTIES OR GOVERNMENTAL ENTITIES FOR SUBSTANCE ABUSE EDUCATION AND TREATMENT PROGRAMS.

FOR ANY VETERAN OR SERVICEMEMBER ON PROBATION WHO SUFFERS FROM A MILITARY SERVICE-RELATED MENTAL ILLNESS, TRAUMATIC BRAIN INJURY, SUBSTANCE ABUSE DISORDER OR PSYCHOLOGICAL PROBLEM, THE COURT MAY REQUIRE HIM OR HER TO PARTICIPATE IN A TREATMENT PROGRAM CAPABLE OF TREATING THE CONDITION. THE COURT MUST GIVE PREFERENCE TO TREATMENT PROGRAMS FOR WHICH HE OR SHE IS ELIGIBLE THROUGH THE US DEPARTMENT OF VETERANS AFFAIRS.

THIS AMENDMENT IS SUBSTANTIALLY SIMILAR TO HB 309 (2013).

HOUSE AMENDMENT 3: THIS AMENDMENT CREATES "CLARK'S LAW" TO PROHIBIT PUBLIC INSTITUTIONS OF HIGHER EDUCATION FROM REQUIRING MEMBERS OF THE NATIONAL GUARD TO TAKE ANY TEST OR ASSESSMENT WITHIN TWENTY-FOUR HOURS OF RETURNING FROM ACTIVE DUTY OR TRAINING.

HOUSE AMENDMENT 1 TO HOUSE AMENDMENT 3: THIS AMENDMENT EXTENDS "CLARK'S LAW" TO APPLY TO MEMBERS OF A RESERVE COMPONENT OF THE UNITED STATES ARMED FORCES.

HOUSE AMENDMENT 4: THIS AMENDMENT WAIVES CERTAIN BUSINESS FEES WHEN A CERTAIN ORGANIZER, MAJORITY SHAREHOLDER, OFFICER, DIRECTOR, OR PARTNER OF A COMPANY, CORPORATION, HEALTH SERVICES CORPORATION, NONPROFIT CORPORATION, COOPERATIVE COMPANY, OR PARTNERSHIP IS A MEMBER OF THE MISSOURI NATIONAL GUARD OR ANY OTHER ACTIVE DUTY MEMBER OF THE MILITARY, RESIDES IN MISSOURI, AND SHOWS VERIFIABLE PROOF TO THE SECRETARY OF STATE.

THIS AMENDMENT IS IDENTICAL TO HB 918 (2013).

HOUSE AMENDMENT 1 TO HOUSE AMENDMENT 4: THIS AMENDMENT EXTENDS THE WAIVER OF CERTAIN BUSINESS FEES TO ORGANIZERS WHO RESIDE IN A THIRD OR FOURTH CLASS COUNTY.