HB 468 Modifies provisions relating to a Highway Patrol fund, a methamphetamine task force, law enforcement officers, traffic laws, spurious liens, crimes, and the open records law

Current Bill Summary

- Prepared by Senate Research -


HCS/HB 468 - This act modifies provisions relating to public-safety-related funds and a methamphetamine task force, law enforcement officers, traffic laws, spurious liens, crimes, sexually violent predators, and the open records law.

HIGHWAY PATROL REVOLVING FUND - SECTION 43.265

Under current law, the Highway Patrol's Motor Vehicle, Aircraft, and Watercraft Revolving Fund, which is administered by the Superintendent of the Highway Patrol, includes funds received for the purchase of Highway Patrol vehicles, watercraft, and aircraft. The fund is to be used for the purchase of Highway Patrol vehicles, watercraft, and aircraft.

This act requires the fund to include money received for the purchase and maintenance of vehicles, watercraft, and aircraft and provides that the fund be used for the purchase, maintenance, and fuel costs of such items.

This provision is identical to HB 703 (2013) and is similar to a provision of the truly agreed to and finally passed SB 236 (2013).

CIVIL LIABILITY OF POLICE OFFICERS - SECTION 57.095

This act provides immunity from criminal and civil liability for law enforcement officers while conducting service of process to the extent the officers' actions do not violate statutory or constitutional rights known by a reasonable person.

This provision is identical to a provision of HCS/HB 371 (2013) and is similar to a provision of SB 322 (2013).

REMOVAL OF POLICE CHIEFS - SECTION 106.273

This act creates a process for removing a non-elected police chief from office by an appointing authority or the governing body of the political subdivision employing the officer. It does not apply to Kansas City. This act defines just cause for the police chief's removal.

This provision is similar to a provision of the truly agreed to and finally passed CCS/HCS/SCS/SB 224 (2013), the truly agreed to and finally passed CCS/SS/SCS/HB 307 (2013), HCS/HB 335 (2013), and HB 399 (2013).

TRAFFIC LAWS ON COLLEGE CAMPUSES - SECTIONS 174.700-174.712 & 544.157

This act allows the governing body of any state college or university to establish regulations to control vehicular traffic on campus. Any such regulations must be consistent with state law. The governing body of any state college or university may also enforce any such regulations and general motor vehicle laws of Missouri through college or university police officers. Any regulations adopted must be codified, printed, and distributed for public use. There must be adequate signs displaying the speed limit on thoroughfares. Violations will have the same effect as a municipal ordinance, as well as penalty provisions and points. State college or university police officers must be certified under the requirements of Chapter 590 and will have the same powers as other law enforcement officers.

This provision is identical to the truly agreed to and finally passed CCS/SCS/HB 103 (2013), the truly agreed to and finally passed CCS/SS/SCS/HB 307 (2013), the truly agreed to and finally passed HCS/SS/SB 282 (2013), HCS/HB 468 (2013), SB 296 (2013), HCS/SB 67, and HCS/HB 312 (2013).

ENDANGERMENT OF EMERGENCY WORKERS - SECTIONS 302.302 & 304.890-304.894

This act increases penalties for moving violations and traffic offenses occurring within an active emergency zone. Such a zone is defined under this act as an area that is visibly marked by emergency responders on, or around, a highway, and where an active emergency or incident removal is temporarily occurring.

Any person convicted of a first moving violation or traffic offense within an active emergency zone shall be assessed a fine of $35 in addition to any other fine authorized by law. A second or subsequent offense within an active emergency zone shall be assessed a fine of $75.

Under this act, it is a Class C misdemeanor to pass another vehicle in an active emergency zone. Those who plead guilty to, or are convicted of, a speeding or passing violation shall be assessed a fine of $250 in addition to any other fine authorized by law. A second or subsequent speeding or passing violation shall result in a $300 fine.

A person commits the offense of endangerment of an emergency responder if, while in an active emergency zone while emergency responders are present, the person:

(1) Exceeds the posted speed limit by 15 mph or more;

(2) Passes another vehicle;

(3) Fails to stop for a flagman, an emergency responder, or a traffic control signal in the active emergency zone;

(4) Drives through, or around, an active emergency zone via any lane that is not for motorists;

(5) Physically assaults, threatens, or attempts to assault an emergency responder with a motor vehicle or other instrument;

(6) Intentionally strikes or moves barrels, barriers, signs or other devices for a reason other than to avoid an obstacle, emergency, or to protect the health and safety of another person;

(7) Leaves the scene of an accident;

(8) Engages in careless and imprudent driving;

(9) Operates a vehicle without a valid license or with a suspended or revoked license;

(10) Drives while intoxicated, under the influence of drugs, or with an excessive blood alcohol content; or

(11) Commits any felony involving the use of a motor vehicle.

When no injury or death results, a person who pleads guilty to, or is convicted of, endangering an emergency responder shall be subject to a fine of not more than $1,000.

If a death or injury results, the person commits aggravated endangerment of an emergency responder. The penalty for aggravated endangerment of an emergency responder is a fine of not more than $5,000 if a responder is injured, and not more than $10,000 if death resulted.

The act provides for the assessment of 4 points for endangerment of an emergency responder and 12 points for aggravated endangerment of an emergency responder.

If a person commits endangerment or aggravated endangerment of an emergency responder as a result of a vehicle's mechanical failure or the negligence of another person, then the person shall not be cited for, or convicted of, such offenses.

These provisions are similar to the ones contained in SB 282 (2013), the truly agreed to and finally passed CCS/SCS/HB 103 (2013), HB 638 (2013), SB 642 (2012), the truly agreed to version of HB 430 (2011), SCS/SB 260 (2011), HCS/SCS/SB 887 (2010), HCS/HB 1541 (2010), and HB 1693 (2010).

SPURIOUS LIENS - SECTIONS 429.371 - 429.379

This act allows an employee or official of the state, including an agency, board, or commission of the state, any higher education institution, or any political subdivision, intergovernmental agency, or unit of local government to reject for recording or filing any document such person believes is not presented by a financial or lending institution and may be a spurious lien or document.

Under this act, such person shall not be held liable for the acceptance or rejection of any document the person reasonably believes in good faith may be spurious, nor shall such person be obligated to accept any lien against a federal, state, or local official or employee based on the performance of that person's duties unless the lien is accompanied by a state or federal court order.

This act provides that no spurious lien or document shall affect real or personal property longer than 35 days after filing or recording unless an action has begun to enforce the lien or document in state or federal court or a notice of lis pendens has been recorded or filed in the same office as the lien or document.

Anyone whose property is affected by a lien or document may petition the circuit or federal court for an order to show cause why the lien or document should not be declared invalid. Such order shall direct any lien claimant or the person who recorded or filed the lien or document to appear before the court to show cause why the lien or document should not be declared invalid. If the claimant, filer, or recorder does not appear or the court determines the lien or document is spurious, the court must enter an order invalidating the lien or document and order payment for the petitioner's costs, including attorneys' fees. If the court determines the lien or document not to be spurious, then it must order the petitioner to pay the respondent's costs, including attorneys' fees.

These provisions are similar to HB 866 (2013).

SECOND DEGREE SEXUAL MISCONDUCT - 566.093

Under current law, second degree sexual misconduct is a Class B misdemeanor unless the actor is a prior offender, in which case it is a Class A misdemeanor.

This act makes the crime a Class D felony if the actor was incarcerated in a Department of Corrections facility at the time of the crime. In addition, a fine of at least $100 must be imposed.

This provision is similar to SB 243 (2013) and HB 326 (2013).

STD TESTING OF CERTAIN CRIMINAL OFFENDERS - SECTION 566.135

Under current law, a prosecuting attorney, for good cause shown, may file a motion requesting the court to order a defendant charged with certain criminal offenses to be tested for HIV, hepatitis B, hepatitis C, syphilis, gonorrhea, and chlamydia. The court may order such testing.

This act requires the prosecuting attorney to file a motion for such testing upon the request of the victim. The court must order the testing if the victim requested it or the court finds good cause to be shown. In addition, the act requires that such testing occur within 48 hours of the date on which the defendant was charged. The court must also order any requested follow-up testing that is determined to be medically necessary. The results of the tests, including the follow-up tests must be released to the victim as soon as practicable.

This act provides that all charges for STD testing must be paid by the Department of Public Safety.

This provision is similar to HB 490 (2013).

FALSE STATEMENTS - SECTIONS 575.045 to 575.070

This act creates the crime of false identification to a law enforcement officer. A person commits the Class B misdemeanor by representing himself or herself as another person to a on-duty police officer upon a lawful stop, detention, or arrest to evade the court or the police officer.

Noone may be convicted of false identification to a law enforcement officer unless certain evidence is present proving the falsity of the statement that is currently required for other crimes involving false statements.

It is a defense to the crime that the defendant retracted the false representation before the officer, or anyone else, substantially relied on it.

In addition, the crime of making a false declaration is modified so that a person commits the Class B misdemeanor if he or she provides a verbal false statement regarding his or her identity which he or she believes or knows is not true.

These provisions are contained in HB 108 (2013), HCS/SB 690 (2012), HCS/HB 1515 (2012), HCS/SS/SCS/SB 755 (2012), and HB 1292 (2012).

SIMULATING LEGAL PROCESS - SECTION 575.130

Under current law, simulating legal process is a class B misdemeanor. This act makes the crime a class D felony if the victim is a law enforcement officer, peace officer, or first responder.

This provision is similar to HB 866 (2013).

FILING A FALSE LIEN - SECTION 575.133

This act creates the crime of filing a false lien. A person commits the Class D felony by filing, attempting to file, or conspiring to file any false lien or encumbrance against property when the person knows or should know the lien or encumbrance is false or contains materially false, fictitious, or fraudulent statements or representations.

This provision is similar to HB 866 (2013).

OPERATIONAL GUIDELINES AND SECURITY SYSTEMS - SECTION 610.021

This act modifies provisions of Missouri's open records law, commonly known as the Sunshine Law, regarding bases for closing a record, meeting or vote. Certain bases for closure relating to operational guidelines and security systems expired on December 31, 2012. This act removes the expiration date for such bases.

The act adds specific response plans to the operational guideline records that may be closed and provides that financial records related to the procurement of, and expenditures for, such guidelines and plans are open records.

The act creates a new basis for closing the portion of records that identifies security systems or access codes or authorization codes for security systems of real property.

This provision contains an emergency clause.

This provision is nearly identical to the truly agreed to and finally passed CCS/HCS/HBs 256, 33 & 205 (2013) and HCS/HB 335 (2013) and is similar to SB 139 (2013), a provision in SB 122 (2013), and SB 764 (2012).

SEXUALLY VIOLENT PREDATORS - SECTION 632.505

This act provides that, when a person designated as a sexually violent predator is electronically monitored while on conditional release, the Department of Corrections must provide, upon request, the chief of the law enforcement agency for the county or city where the facility that released the offender is located with access to the real-time and recorded information collected by the electronic monitoring, including any alerts generated by the technology. The access must continue while the person is living in the county, city, town, or village where the facility that released the offender is located.

The electronic information must be closed and not disclosed to anyone outside of the law enforcement agency except upon an order of the court supervising the conditional release.

This provision is identical to SB 285 (2013), a provision of the truly agreed to and finally passed SCS/HB 301 (2013), the truly agreed to and finally passed SS/SCS/HCS/HB 215 (2013), the truly agreed to and finally passed CCS/SS/SCS/HCS/HBs 374 & 434 (2013), and the truly agreed to and finally passed HCS/SB 188 (2013).

CYBER CRIME INVESTIGATION FUND - 650.120

Under current law, the "Cyber Crime Investigation Fund" expired on September 1, 2012. The associated program administered by the Department of Public Safety expired on June 5, 2012. This act extends the expiration date of the fund and the program to August 28, 2023.

This provision is identical to a provision of HB 299 (2013), HCS/SS/SCS/SB 755 (2012), HCS/HB 1515 (2012), and HB 1767 (2012).

MOSMART MEMBERS - 650.350

Current law provides that five sitting sheriffs sit on the Missouri Sheriff Methamphetamine Relief Task Force. This act adds as a new member, an active member of the Missouri Deputy Sheriff's Association. The governor must appoint the member every two years from a list of five names submitted by the Missouri Deputy Sheriff's Association.

This provision is identical to HB 362 (2013).

MEGHAN LUECKE


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