SB 906 - This act modifies provisions relating to sexual exploitation of vulnerable persons.COUNTER HUMAN TRAFFICKING TASK FORCE (Section 27.120)
This act creates the "Counter Human Trafficking Task Force" with membership as provided in the act. The Task Force shall be chaired by the Attorney General and shall hold an initial meeting before September 27, 2024.
The Task Force shall collect information on existing counter human trafficking resources and provide legislative recommendations on what resources and tools are needed to stop human trafficking, as provided in the act.
The Task Force shall submit a report to the Governor and General Assembly on or before October 31 of each year. The Attorney General's Office shall provide administrative support to the Task Force.
SEX AND HUMAN TRAFFICKING AWARENESS TRAINING (Sections 190.142, 198.082, 211.326, 335.059, 337.618, 566.300 & 590.050)
This act provides that emergency medical technicians, nursing assistants, nurses, social workers, and peace officers shall undergo training annually on sex and human trafficking awareness.
Additionally, this act creates within the office of the Attorney General a sex and human trafficking training committee which shall establish guidelines for sex and human trafficking awareness training. The committee shall expire on December 31, 2028.
These provisions are substantially similar to HB 1308 (2023).
INTERNET SERVICE PROVIDERS (Section 407.2100)
This act provides that internet service providers shall make all reasonable and technologically feasible efforts to block access to child pornography as defined in federal law. A person who becomes aware of child pornography accessed through the internet service may request the internet service provider to block access.
Additionally, any internet service provider that knowingly violates this act shall be held liable for damages if the entity fails to perform reasonable efforts to block child pornography.
ADMISSIBILITY OF EVIDENCE IN CRIMINAL CASES (Sections 491.075 & 492.304)
Under current law, a statement made by a child under 14 years of age may be admissible in criminal proceedings under certain circumstances. This act changes the age to a child under the age of 18 years of age.
Additionally, this act provides that visual or audio recordings of a child under 18 years of age or a vulnerable person relating to certain criminal offenses shall be admissible in criminal proceedings under certain circumstances.
These provisions are identical to provisions in HCS/HB 454 (2023) and SCS/HS/HCS/HBs 1108 & 1181, et al (2023).
ACTIONS FOR CHILDHOOD SEXUAL ABUSE (SECTION 537.046)
Currently, a civil action for recovery of damages suffered as a result of childhood sexual abuse shall be brought within ten years after the victim reaches the age of twenty-one or within three years of the victim discovering that the injury or illness was caused by childhood sexual abuse, whichever is later.
This act provides that a civil action for recovery of damages suffered as a result of childhood sexual abuse or tortious conduct that caused the victim to be a victim of childhood sexual abuse shall be brought within twenty years after the victim reaches the age of twenty-one or within three years of the victim discovering that the injury or illness was caused by childhood sexual abuse, whichever is later.
Furthermore, this act modifies the offenses included in the definition of "childhood sexual abuse".
This act shall apply to any action commenced on or after August 28, 2024, but shall not apply to any action barred by the statute of limitation applicable prior to that date.
This provision is identical to HCS/HB 367 (2023) and similar to SB 416 (2023).
SEXUAL OFFENSES (Sections 566.151 & 567.030)
Under current law, a person over 21 years old commits the offense of enticement of a child if he or she persuades any person less than 15 years old to engage in sexual conduct. This act changes the age to less than 17 years old.
Additionally, this act modifies the offense of patronizing prostitution if the person patronized for prostitution is ages 15 to 17 it shall be a class E felony and if the person is less than 15 years old it shall be a class B felony.
These provisions are identical to provisions in HCS/HB 454 (2023), SCS/HS/HCS/HBs 1108 & 1181, et al (2023), SCS/HB 2697, et al (2022), SCS/HB 2088, et al (2022), HB 1637 (2022), and HB 2590 (2022).
SUBPOENA POWERS OF LAW ENFORCEMENT (Section 540.345)
This act provides that law enforcement agencies shall have the power to subpoena in order to inquire into offenses involving trafficking of children or vulnerable persons without approval by a grand jury or the court.
RESTITUTION FOR HUMAN TRAFFICKING OFFENSES (Section 566.203, 566.206, 566.209, 566.210, 566.211, 566.218, & 589.700)
This act provides that the court shall award $5,000 in restitution payable to the newly created Human Trafficking and Sexual Exploitation Fund when a person pleads guilty or is convicted of a human trafficking offense. The Human Trafficking and Sexual Exploitation Fund shall allocate 50% toward local rehabilitation services for victims of human trafficking and 50% toward local efforts to prevent human trafficking.
These provisions are identical to HB 453 (2023).
Additionally, this act adds that when the offense of sexual trafficking of a child is committed by a parent or guardian of the victim the term of imprisonment shall be for life without eligibility for probation or parole for at least 25 years.
Finally, this act provides that restitution may include the seizure of personal and real property.
JURISDICTION OF THE ATTORNEY GENERAL FOR TRAFFICKING OFFENSES (Section 566.219)
This act provides that upon receiving a referral from a prosecuting attorney alleging any offense of human trafficking, the Attorney General may commence prosecution of any offense within 60 days of receiving the referral by filing a complaint, information, or indictment. Once the Attorney General commences prosecution, he or she may prosecute any additional offense that was part of the same course of conduct as the original violation.
The Attorney General shall also have the authority to request an examination before a grand jury and may sign indictments.
This provision is similar to SB 1083 (2022).
MARY GRACE PRINGLE