SB 320 Modifies provisions relating to domestic violence
Sponsor: Lamping Co-Sponsor(s)
LR Number: 1450S.06T Fiscal Note: 1450-06T.ORG
Committee: Judiciary and Civil and Criminal Jurisprudence
Last Action: 7/12/2011 - Signed by Governor Journal Page:
Title: SS#2 SCS SB 320 Calendar Position:
Effective Date: August 28, 2011
House Handler: Silvey

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SS#2/SCS/SB 320 - This act modifies the provisions relating to domestic violence.

DEFINITIONS

This act provides the same definition for "domestic violence" and "family and household member" in various chapters and statutes relating to domestic violence and orders of protection. The definition sections pertaining to child orders of protection are repealed. Sections 43.545, 452.375, 455.010, 455.200, 455.501, 455.540, 527.290

ALIGNING ADULT AND CHILD ABUSE ORDERS OF PROTECTION

This act also provides consistency relating to adult and child orders of protection, including the definitions for "abuse", "adult", and "child". This act provides that the grounds for issuing ex parte or full orders of protection for both adults and children include stalking. In addition, adult and child orders now both prohibit communicating with the petitioner. This act also provides for enhanced penalties for violating child orders of protection as with repeated violations of adult orders. Sections 455.010; 455.035; 455.516; 455.520;455.523; 455.538

JUVENILE COURT JURISDICTION

This act provides juvenile court jurisdiction for respondents to orders of protection under the age of 17. A guardian ad litem shall be appointed for respondents less than 17 years of age only if such respondent is not represented by a parent or guardian. This act addresses the confidentiality of the juvenile records and when such records may be open. Sections 211.031; 455.035; 455.513; 455.800

AUTOMATIC ONE-YEAR RENEWAL

The court may, upon a finding that it is in the best interest of the parties, include a provision that any full order of protection for one year shall automatically renew unless the respondent requests a hearing by thirty days prior to the expiration of the order. Sections 455.040; 455.516

OTHER CHANGES TO ORDERS OF PROTECTION PROCESS

This act provides that terms of orders may reflect the individual circumstances of parties and allows for a judge to determine if a petitioner's dismissal of an order of protection proceeding is voluntary. Sections 455.050; 455.060; 455.520; 455.523

This act prescribes the types of violations that may result in criminal offenses. Section 455.085

This act prohibits a petitioner from being charged a filing fee in any action relating to adult orders of protection, including motions for contempt seeking to enforce an existing order of protection. Section 455.027

BATTERER INTERVENTION PROGRAMS

The Division of Probation and Parole shall promulgate rules to establish standards and to adopt a credentialing process for any court-ordered Batterer Intervention program. Section 455.549

REPEAT OFFENDERS AND MUNICIPAL OFFENSES

This act limits municipal jurisdiction over offenders who repeatedly commit domestic assault or violate an order of protection. Also, municipal offenses are allowed to be used to enhance the level of criminal offense that is charged by the prosecutor. Sections 455.085; 455.538; 565.074

SERVICES TO VICTIMS FUND

This act amends the Services to Victims Fund to provide that public or private agencies shall use no more than ten percent of any funds received for administrative purposes. Section 595.100

INFORMATION TO BE ENTERED IN MULES

This act requires service of orders of protection to be entered into the Missouri Uniform Law Enforcement System("MULES") within 24 hours. Section 455.038

This provision is identical to HB 118 (2011).

Also, law enforcement agencies maintaining MULES shall include certain child custody and visitation information when entering an order of protection. Section 455.040

This provision is substantially similar to HB 234 (2011), HCS/HB 253 (2011), and HCS/HB 111 (2011).

SAFE AT HOME ADDRESS CONFIDENTIALITY PROGRAM

This act repeals the sunset provision to the Safe at Home confidentiality program, which is a program that provides victims of sexual assault, rape, stalking and domestic violence a substitute mailing address through the Secretary of State's Office. SECTION 589.683

SAFE EXAMS

This act requires the Department of Public Safety to establish maximum reimbursement rates for SAFE exam charges. Section 595.220

This act is substantially similar to HCS/HBs 504, 505 & 874 (2011).

ADRIANE CROUSE