SB 0980 Extends domestic violence and criminal reporting laws
Sponsor:Jacob
LR Number:3861S.06C Fiscal Note:3861-06
Committee:Civil and Criminal Jurisprudence
Last Action:05/12/00 - S Inf Calendar S Bills for Perfection Journal page:
Title:SCS SB 980
Effective Date:August 28, 2000
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Current Bill Summary

SCS/SB 980 - This act revises laws concerning domestic violence and criminal reporting requirements.

43.505 - Requires Department of Public Safety (DPS) to implement statewide use of the uniform crime reporting system established by the FBI. State, county and municipal law enforcement agencies shall participate in the system. DPS shall issue a uniform crime report, compiling the data. This provision is similar to HCS/SCS/SB 530 and HB 1677.

375.1312 - Defines family or household member to include persons who are engaged to each other or dating each other, now or in the past, and adults who have had a child together regardless of marital status, for insurance purposes. Adds definitions of "innocent coinsured", "sole" and "stalking". If an innocent coinsured files a police report and cooperates with criminal prosecution, then no insurer may deny coverage based on exclusion for intentional acts.

455.010 - Defines family or household member to include persons who are engaged to each other or dating each other, now or in the past, for adult orders of protection.

455.045 - An ex parte order of protection may include an order restraining the respondent from communicating with the petitioner through any medium.

455.050 - Court may temporarily enjoin respondent from communicating with petitioner through any medium. In a full or ex parte order of protection, the court may order the respondent to pay any medical expenses inflicted by an act of domestic abuse.

455.220 - To qualify for funds, a shelter must require employees or volunteers to maintain confidentiality of information or records that are directly related to the advocacy services provided. An employee or volunteer shall be an incompetent witness regarding confidential information, unless the individual served waives this provision.

455.230 - Current law requires any shelter for domestic violence victims that receives funds to file an annual report. Any information contained in the report that is directly related to advocacy services shall not be construed as a violation of confidentiality.

455.543 - Current law requires law enforcement to determine whether a homicide involving an adult is related to domestic violence. The act expands the requirement to pertain to any investigation involving a homicide or suicide, and specifies a time frame for reports.

455.545 - Highway Patrol shall compile an annual report regarding homicides and suicides related to domestic violence. Information in the central repository regarding such homicides shall include defendant's social security number, and shall designate the homicide as a domestic violence offense as the defendant's criminal record.

455.550 - All orders of protection issued pursuant to Chapter 455, RSMo, shall include the respondent's social security number.

565.063 - Defines family or household member to include persons who are engaged to each other or dating each other, for repeat domestic violence offender statute. Defines domestic assault offense to include new crimes of domestic assault in the first or second degree.

Any person guilty of domestic assault in the first degree shall be sentenced to the term of a Class A felony, if the person is a prior domestic violence offender. The term shall be served without probation or parole if the court finds the person is a persistent domestic violence offender, or if the prior offender inflicted serious physical injury on the victim.

Any person guilty of domestic assault in the second degree shall be sentenced to the term of a Class B felony, if the person is a prior domestic violence offender, or to the term of a Class A felony if the court finds the person is a persistent domestic violence offender.

565.072 - Creates crime of domestic assault in the first degree; elements are similar to assault first degree, except crime is committed against a family or household member. Violation is Class B felony unless serious physical injury results, in which case it is a Class A felony.

565.073 - Creates crime of domestic assault in the second degree; same elements as assault second degree, except crime committed against a family or household member, and the act of causing physical injury by choking is included. Crime is Class C felony.

565.074 - Creates crime of domestic assault in the third degree; same elements as assault third degree, except crime committed against a family or household member, and includes knowingly causing or attempting to cause isolation of family or household member by restricting access to other persons, transportation or communication devices. Violation is Class A misdemeanor. Third conviction for domestic assault third degree is a Class D felony.

569.090 - Updates crime of harassment to include communication through any medium, including electronic mail.
JOAN GUMMELS