- Introduced -

SB 980 - This act revises various laws concerning domestic violence and criminal reporting requirements. The act requires the 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.

The act defines "family or household member" to include persons who are engaged to each other or dating each other, now or in the past, for sections regarding adult orders of protection and for the repeat domestic offender sentencing statute. A court may temporarily enjoin a respondent from communicating with a petitioner through any medium. In any full or ex parte order of protection, or in any order of child protection, the court may order the respondent to pay any medical expenses inflicted by an act of domestic abuse. The act provides that shelter employees or volunteers are incompetent to testify concerning any communication made to them by a person seeking assistance, unless the person consents.

Current law requires law enforcement to determine whether a homicide involving an adult is related to domestic violence. This extends the requirement to pertain to any criminal case. Information submitted to the Highway Patrol central repository regarding a crime involving domestic violence shall include the defendant's social security number, and shall be designated as a domestic violence offense. All orders of protection issued pursuant to Chapter 455, RSMo, shall include the respondent's social security number. The court shall submit a copy of the order to the Highway Patrol central repository.

The act creates the crime of domestic assault in the first degree; the elements are the same as for assault in the first degree, except the victim is a family or household member. The penalty is Class B felony, unless serious physical injury results, in which case it is a Class A felony. Domestic assault in the second degree shall have the same elements as assault second degree, except the crime committed against a family or household member and includes the act of causing physical injury by choking. Domestic assault in the second degree is a Class C felony. Domestic assault in the third degree is similar to assault in the third degree, except the 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. Domestic assault in the third degree is a Class A misdemeanor. A third conviction for domestic assault third degree shall result in a Class D felony.

The act revises the crime of harassment to include a threatening or offensive communication through any medium, including electronic mail.

JOAN GUMMELS