HB 1677 (Truly Agreed) Amends or creates various domestic violence and criminal reporting laws
Current Bill Summary
- Prepared by Senate Research -

SCS/HS/HCS/HBs 1677, 1675 & 1676 - This act revises laws concerning domestic violence and criminal reporting requirements.

Section 43.505 - Requires the Department of Public Safety 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. The Department of Public Safety shall issue a uniform crime report, compiling the data.

Section 210.001 - Adds Jefferson County and Pettis County child assessment centers to list of such regional centers funded by the Department of Social Services.

Section 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 payment to an innocent coinsured based on exclusion for intentional acts. An insurer shall have the right of subrogation to recover against the perpetrator of the loss.

Section 455.010 - Defines family or household member to include an adult who has been in a continuing relationship of a social, romantic or intimate nature with the victim, for the purposes of orders of protection.

Section 455.045 - An ex parte order of protection may include an order restraining the respondent from communicating with the petitioner through any medium, and from entering a dwelling unit owned, leased, rented or occupied by petitioner individually.

Section 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 violence.

Section 455.085 - First violation of conditions of order, including communication initiated by the respondent, is a Class A misdemeanor.

Section 455.205 - Extends the sunset on allowing counties to impose a surcharge, used to support domestic violence shelters, on the issuance of a marriage license or filing of a civil case.

Section 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.

Section 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. A shelter may apply to the Department of Public Safety for a grant to provide funds for the renovation or construction of the shelter on a 75/25 state/local match rate.

The Department of Social Services shall fund a child assessment center located in Jefferson County, subject to appropriation.

Section 455.300 - Establishes the Missouri Domestic Violence Commission within the Department of Public Safety.

Section 455.305 - Beginning in 2001, the Department of Social Services and the Missouri Domestic Violence Commission shall establish up to 20 domestic violence intervention/rehabilitation pilot projects.

Section 455.540 - Deletes the definition of "homicide" from sections pertaining to investigation of crimes relating to domestic violence.

Section 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.

Section 455.545 - Highway Patrol shall compile an annual report regarding homicides and suicides related to domestic violence.

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

Section 565.063 - Defines domestic assault offense to include new crimes of domestic assault in the first or second degree. Includes provisions relating to extended terms for repeat domestic violence offenders.

Section 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 or an adult who has been in a continuing social relationship of a romantic or intimate nature with the victim. Violation is Class B felony unless serious physical injury results, in which case it is a Class A felony.

Section 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 or an adult who has been in a continuing social relationship of a romantic or intimate nature with the victim, and the act of causing physical injury by choking is included. The crime is a Class C felony.

Section 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 or an adult who has been in a continuing social relationship of a romantic or intimate nature with the victim, 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.
JOAN GUMMELS

Go to Main Bill Page | Return to Summary List | Return to Senate Home Page