HCS/SS/SB 43 - This act modifies several provisions relating to protection of vulnerable persons, including: (1) the "Champions for Children" tax credit; (2) the "Youth Opportunities and Violence Prevention" tax credit; (3) the "Diaper Bank" tax credit; (4) Children's Division service provider contracts; (5) services for youth; (6) child abuse investigations; (7) child's counsel; (8) newborn safety incubators; (9) juvenile court proceedings; (10) the use of restraints on a child in juvenile court; (11) age of marriage; (12) admissibility of evidence in certain criminal cases; (13) civil actions for childhood sexual abuse; (14) sexual offenses; (15) endangering the welfare of a child in the first degree; (16) college or university hazing; (17) the "Human Trafficking and Sexual Exploitation Fund"; and (18) the "Crime Victim's Compensation Fund"."CHAMPION FOR CHILDREN" TAX CREDIT (Section 135.341)
Currently, a tax credit may be claimed in amount equal to up to 50% of a verified contribution to a CASA, child advocacy center, or a crisis care center. This act increases the amount to 70% for all tax years on or after January 1, 2025, up to $50,000 in any tax year. The cumulative amount of the tax credit redeemed in a fiscal year shall not exceed $2.5 million beginning July 1, 2025. In the event a full or partial credit denial due to the cumulative maximum amount of credits having been redeemed for the fiscal year causes an income tax balance owed to the state by the taxpayer, the taxpayer shall not be held liable for any addition to tax, penalty, or interest on that income tax balance due under the conditions specified in the act.
This act also extends the expiration date of the tax credit from December 31, 2025, to December 31, 2031.
This provision is identical to a provision in SCS/SB 83 (2025).
YOUTH OPPORTUNITIES AND VIOLENCE PREVENTION TAX CREDIT (Section 135.460)
Current law authorizes a tax credit in the amount of 50% of contributions made to certain youth programs. This act increases such tax credit to 70% of the amount of such contributions made.
This provision is identical to a provision in the truly agreed to and finally passed CCS/SS/HCS/HBs 737 & 486 (2025), SB 126 (2025), SB 1179 (2024), SCS/HCS/HB 1483 (2024), HCS/HB 1935 (2024), HB 2089 (2024), SCS/SB 455 (2023), HCS/SS/SB 143 (2023), and HCS/HB 714 (2023).
THE DIAPER BANK TAX CREDIT (Section 135.621)
Current law authorizes a tax credit for contributions made to diaper banks. This act adds the definition of "national diaper bank" to require such entities to be a member of a national network organization serving all fifty states through which certification demonstrates nonprofit best practices, data-driven program design, and equitable distribution.
The tax credit sunsets on December 31, 2024. This act extends the sunset until December 31, 2031.
This provision is identical to a provision in SCS/SB 95 (2025).
CHILDREN'S DIVISION SERVICE PROVIDER CONTRACTS (Section 210.112)
Under this act, provisions in service provider contracts with the Children's Division in which the state is indemnified, held harmless, or insured for damages, claims, losses, or expenses arising from any injury caused by or resulting from the state's negligence shall be void as against public policy and unenforceable.
This provision is identical to a provision in the truly agreed to and finally passed CCS/SS/HCS/HBs 737 & 486 (2025) and SB 143 (2025).
SERVICES FOR YOUTH (Section 210.119)
Under this act, the Department of Social Services shall establish a program to provide a comprehensive system of service delivery, education, and residential care for youth with severe behavioral challenges. In order to be eligible for the program, a youth shall be under 21 years of age, in the custody of the Department of Social Services, and a team in the Department shall have made a determination that the needs of the youth cannot be met with existing programs.
The Department shall have the authority to contract with qualified services providers to provide services to the youth under this act. Such service providers shall be certified, licensed, or accredited in their respective fields of service, based in Missouri, and entities with proven experience in the areas for which they shall provide services.
A qualified service provider providing services under this act shall have immunity as specified in the act.
The Department shall be authorized to enter into memoranda of understanding with any facility or campus under state ownership that is appropriate for the program and youth being served.
This provision is identical to a provision in the truly agreed to and finally passed CCS/SS/HCS/HBs 737 & 486 (2025).
CHILD ABUSE INVESTIGATIONS (Section 210.145)
Under this act, if a parent or an alleged child abuse perpetrator is present during an investigation or assessment by the Children's Division, the case worker shall identify themselves and their role in the investigation and inform the child's parent of his or her rights regarding such visit, including the right to contact an attorney, as described in the act.
This provision is identical to a provision in the truly agreed to and finally passed CCS/SS/HCS/HBs 737 & 486 (2025).
CHILD'S COUNSEL (Sections 210.145, 210.160, 210.560, 210.565, 210.762, 211.032, 211.211, 211.261, 211.462, 477.700, 477.705, 477.710, and 477.715)
Beginning January 1, 2028, and subject to appropriations, unless operating under a pilot project established by the Missouri Supreme Court, a judge shall appoint a child's counsel instead of a guardian ad litem (GAL) for children in certain proceedings who are at least 14 years but less than 18 years of age. If the child has a GAL at the time of his or her 14th birthday, that GAL shall automatically become the child's counsel, unless the judge determines that it is necessary to continue the GAL appointment due as specified in the act. The same attorney may serve as a GAL and child's counsel for a sibling group of varying ages, unless the attorney or judge finds a conflict of interest. The court shall award child's counsel fees from state funds appropriated for such purpose.
This act creates the "Child and Family Legal Representation Coordinating Commission" within the judicial branch, with nine members appointed by the Chief Justice of the Supreme Court with duties as described in the act, including working cooperatively with the various judicial circuits, judicial personnel, attorneys, and state departments and agencies to ensure uniform, high-quality legal representation for children or families involved in legal proceedings and making recommendations to the Missouri Supreme Court concerning the establishment or modification of minimum training requirements and practice standards for attorneys serving as guardians ad litem, children's counsel, or parent's counsel.
The Coordinating Commission may also develop, coordinate, and evaluate pilot projects relating to guardians ad litem, children's counsel, or parent's counsel and outcomes relating to the various models of representation, as well as implementation of the children's counsel appointment provisions of this act.
This act creates the "Child and Family Legal Representation Fund" in the state treasury, to be distributed by the Coordinating Commission to the judicial circuits for the purpose of improving or providing legal representation for children or families, including the appointment of guardians ad litem, children's counsel, or parent's counsel.
Under this act, a circuit may participate in a pilot project established by the Missouri Supreme Court relating to guardians ad litem, children's counsel, or parent's counsel, in which case a judge may appoint a child's counsel instead of a guardian ad litem. This provision shall expire on January 1, 2028.
These provisions are identical to provisions in the truly agreed to and finally passed CCS/SS/HCS/HBs 737 & 486 (2025).
NEWBORN SAFETY INCUBATORS (Section 210.950)
This act modifies the "Safe Place for Newborns Act of 2002". Under current law, a parent shall not be prosecuted for child abandonment or endangering the welfare of a child if the parent voluntarily delivers a child no more than 45 days old to a newborn safety incubator. This act permits the delivery of a child no more than 90 days old. Additionally, this act creates the "Safe Place for Newborns Fund" to be used for the installation of newborn safety incubators through a matching program, as described in the act.
This provision is identical to HB 121 (2025).
JUVENILE COURT PROCEEDINGS (Sections 211.033, 211.071, 211.072, 219.021, and 221.044)
Under current law, a traffic court judge may request the juvenile court to order the commitment of a person under 18 years old to a juvenile detention facility. This act repeals such provision.
Under current law, if a petition alleges that a child age 14-18 has committed an offense that would be considered a felony if committed by an adult, the court may dismiss the petition and order the child to be prosecuted as an adult. This act includes motions to modify under this provision.
Additionally, if a person attains the age of 18 while in detention, a juvenile officer may file a motion with the court to detain the person in adult jail.
Finally, this act provides the Division of Youth Services shall not keep any youth beyond his or her nineteenth birthday, unless upon petition showing just cause for the youth to remain in juvenile detention.
This provision is identical to provisions of HB 592 (2025).
USE OF RESTRAINTS ON A CHILD IN JUVENILE COURT (Section 211.436)
This act provides that a child shall not be restrained during a juvenile court proceeding and, if restrained, the restraints shall be removed prior to the child's appearance before the court, unless the court finds the restraints are necessary, as described in the act.
If the juvenile officer believes there is an immediate safety or flight risk and needs to restrain the child, the juvenile officer shall advise the child's attorney and make a request in writing prior to the hearing in which the officer wishes the child to be restrained. If the request for restraints is made by the juvenile officer, the court shall order a hearing and allow the child's attorney an opportunity to be heard. If restraints are ordered, the court shall provide facts in support of the order.
If restraints are used, the restraints shall allow the child limited movement to read and handle documents and writings necessary to the proceeding. Under no circumstances shall the child be affixed by use of a restraint to a stationary object.
This provision is identical to SB 718 (2025) and HB 782 (2025).
AGE OF MARRIAGE (Sections 451.040, 451.080, and 451.090)
Currently, no marriage license shall be issued in Missouri for individuals under 16 years of age or issued when one party to the marriage is under 18 years of age and the other party over 21 years of age. Additionally, no marriage license shall be issued if any party to the marriage is under 18 years of age without parental consent.
This act repeals those provisions and no marriage license shall be issued in Missouri for individuals under 18 years of age.
These provisions are identical to provisions in the truly agreed to and finally passed CCS/SS/HCS/HBs 737 & 486 (2025) and the perfected SS/SB 66 (2025) and substantially similar to SB 631 (2025) and SCS/SBs 767 & 1342 (2024).
ADMISSIBILITY OF EVIDENCE IN CRIMINAL CASES (Sections 491.075 and 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 have a delayed effective date of August 28, 2025.
These provisions are substantially similar to provisions in HCS/SS/SB 66 (2025), SCS/HCS/HB 1464 (2025), SB 148 (2025), SB 755 (2025), the perfected HCS/HBs 1706 & 1539 (2024), SB 1245 (2024), SCS/HCS/HB 2700 (2024), SCS/SB 897 (2024), SB 906 (2024), the perfected HCS/HB 454 (2023) and to provisions in the perfected HS/HCS/HBs 1108 & 1181 (2023).
CIVIL ACTIONS FOR CHILDHOOD SEXUAL ABUSE (Section 537.046)
This act modifies the offenses included in the definition of "childhood sexual abuse" for civil actions to recover damages from injury or illness caused by childhood sexual abuse. The act shall apply to any action arising on or after August 28, 2025.
This act also provides that a nondisclosure agreement by any party to a childhood sexual abuse action shall not be judicially enforceable in a dispute involving childhood sexual abuse allegations or claims and shall be void.
This provision is identical to a provision in the truly agreed to and finally passed CCS/SS/HCS/HBs 737 &486 (2025), substantially similar to provisions in the perfected SS/SB 43 (2025) and SB 590 (2025), and similar to a provision in SB 1063 (2024) and SB 1092 (2024).
SEXUAL OFFENSES (Sections 566.151 and 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/SS/SB 66 (2025), HCS/HB 1464 (2025), SB 148 (2025), SB 755 (2025), SB 1245 (2024), SCS/SB 897 (2024), SB 906 (2024), the perfected HCS/HBs 1706 & 1539 (2024), the perfected HS/HCS/HBs 1108 & 1181 (2023), SCS/HB 2697, et al (2022), SCS/HB 2088, et al (2022), HB 1637 (2022), and HB 2590 (2022).
ENDANGERING THE WELFARE OF A CHILD IN THE FIRST DEGREE (Section 568.045)
Currently, a person commits the offense of endangering the welfare of a child in the first degree if he or she knowingly engages in sexual conduct with a person under the age of seventeen years over whom the person is a parent, guardian, or otherwise charged with the care and custody of the child. This act changes the age of the child from under seventeen to under eighteen.
This provision is identical to a provision in the truly agreed to and finally passed CCS/SS/HCS/HBs 737 & 486 (2025).
COLLEGE OR UNIVERSITY HAZING (Section 578.365)
This act provides that the offense of hazing shall be known as "Danny's Law" and provides that a person is guilty of the offense of hazing if a person knowingly, actively, and not under duress participates in, solicits another person to participate in, or causes or plans a willful act that endangers a student or certain members of organizations under the sanction of a public or private college or university.
This act provides that a person shall not be guilty of the offense of hazing if the person establishes that he or she:
· Was present at the event where hazing occurred and a person was in need of immediate medical assistance;
· Was the first person to call 911 or campus security to report the need for medical attention;
· Provided the relevant information to the 911 operator or campus security; and
· Remained at the scene until medical assistance arrived and cooperated with such assistance.
Additionally, this act provides that a person shall be immune from prosecution if the person can establish he or she rendered aid to the hazing victim before assistance arrived.
This provision is identical to the perfected SS#2/SB 167 (2025) and similar to SB 384 (2025), HB 234 (2025), SB 1427 (2024), and HB 1443 (2024).
HUMAN TRAFFICKING AND SEXUAL EXPLOITATION FUND (SECTION 589.700)
This act provides that the court shall award restitution payable to the newly created Human Trafficking and Sexual Exploitation Fund when a person pleads guilty to or is convicted of a human trafficking offense. The Human Trafficking and Sexual Exploitation Fund shall allocate funds as described in the act towards local rehabilitation services for victims of human trafficking and local efforts to prevent human trafficking.
This provision is substantially similar to a provision in SCS/HCS/HB 615 (2025), SB 143 (2025), SB 284 (2025), SB 1398 (2024), SS/SCS/HCS/HB 1659 (2024), and SCS/HCS/HBs 1706 & 1539 (2024), and is similar to a provision in SB 906 (2024).
CRIME VICTIMS' COMPENSATION FUND (SECTION 595.045)
This act adds that a person who pleads guilty to a class E felony shall pay a fee of $46 payable to the Crime Victims' Compensation Fund.
This provision is identical to a provision in SCS/HCS/HB 615 (2025), SS/SCS/HCS/HB 1659 (2024), SCS/SB 897 (2024), HCS#2/HB 1886 (2024), HCS/HB 2700 (2024), HCS/SS#3/SB 22 (2023), in CCS/HCS/SS/SCS/SB 72 (2023), and in HS/HCS/HBs 1108 & 1181 (2023).
SARAH HASKINS