|
HCS/SCS/SB 774 - This act modifies provision relating to department of mental health protection measures. SECTION 565.086 This act creates the crime of endangering a Department of Mental Health employee, visitor or other person at a secured facility, or another person ordered to the department. A person ordered to the department as a sexually violent predator commits such act if he or she attempts to cause or knowingly causes any such individual to come into contact with blood, seminal fluid, urine, feces, or saliva. This crime is equivalent to the crime of endangerment by a criminal offender against a Department of Corrections employee, visitor, and other offender. Such offense is a class D felony unless the substance is unidentified, in which case it is a class A misdemeanor. If the person is knowingly infected with HIV, Hepatitis B or C and exposes another person to such disease, by committing this crime, it is a class C felony. SECTION 630.155 This act creates an exception to the crime of "patient, resident, or client abuse or neglect" if a person knowingly beats, strikes, or injures any person, patient, resident, or client of the department of mental health or knowingly uses more force than reasonably necessary for the proper control, treatment, or management of such person, if he or she acted in self-defense or defense of another. For persons employed at maximum or medium security facilities of the department, self-defense and defense of others shall justify only the use of the minimal amount of force reasonably necessary to deter an imminent threat of harm to oneself or another person, or to end an assault on oneself or another person. Any person who acts in self-defense or defense of others in the course of employment and not in violation of this provision shall not be terminated from employment based on such actions and his or her employment record shall be expunged regarding such actions. SECTION 630.220 Current law provides that interest shall be recovered on any and all sums due to any facility or program operated or funded by the Department of Mental Health on account of any patient or resident. This act provides that when the account is certified by the department director or his or her designee, rather than the head of the facility, such account shall be prima facie evidence of the amount due. SECTION 1 For persons employed at maximum or medium security facilities, the department shall not terminate or sanction an employee who acts in self-defense or defense of others during employment against any person, patient, resident, or client who is dangerous or violent, has a history of such behavior, or whose mental state includes dangerous tendencies. If a person asserts self-defense or defense of others, the department shall conduct a hearing on the matter. Any adverse determination shall be subject to appeal under Chapter 536. If a person's acts are permitted under this section, his or her employment record shall be expunged of such actions. Certain provisions of this act are similar to SB 945 (2010). SUSAN HENDERSON MOORE
|
