Missouri Senate

House Amendment

SCHOOL DISTRICT POLICIES

Under current law, school districts are required to include a provision in their policy handbooks requiring school officials to

report to law enforcement incidents of harassment in the first

degree. This act repeals that requirement.

This provision is identical to a provision in HCS/HB 727 (2017).

REPORTING REQUIREMENTS FOR PRINCIPALS AND TEACHERS

Under current law, a principal is required to report to the appropriate local law enforcement agency and to the superintendent any incident when a person is believed to have committed an act which if committed by an adult would be assault in the first, second, or third degree, sexual assault, or deviate sexual assault against a pupil or school employee, while on school property. This act repeals that requirement.

Current law also requires a principal to immediately report to the appropriate local law enforcement agency and to the superintendent if it is discovered that a pupil is discovered to have on or about the pupil's person any controlled substance. This act modifies the reporting requirement to be made as soon as reasonably practical. Furthermore, if a teacher becomes aware of a pupil in possession of a controlled substance or weapon on school property, or has committed specified crimes on school property, the teacher shall as soon as practical report the incident to the principal.

The act provides civil immunity for school employees, superintendents, or their designees who provide information to law enforcement or juvenile authorities regarding an instance in which a pupil is believed to have committed an act which, if committed by an adult, would be assault in the third degree or assault in the fourth degree.

These provisions are identical to provisions in HCS/HB 727 and HCB 9 (2017).

ENFORCEMENT AUTHORITY OF CONSERVATION COMMISSION

This act states that an agent of the Conservation Commission may enforce provisions of law establishing the offense of littering and the offense of abandoning a vehicle only upon the water, the banks thereof, or public land.

This provision is identical to provisions in HCB 9 (2017) and HCS/HB 1133 (2017) and substantially similar to a provision in SB 512 (2017).

OFFENSE OF DOMESTIC ASSAULT

Under current law, the offense of domestic assault in the fourth degree is a Class A misdemeanor, unless the person has previously been found guilty of assault of a domestic victim two or more times, in which case such offense is a Class E felony. This act provides that domestic assault in the fourth degree is a Class E felony if the person has been found guilty two or more times of any assault offense under state law or of any offense against a domestic victim under any local ordinance, or any state, federal, or military law which would constitute domestic assault in the fourth degree if committed in this state.

This provision is identical to a provision in HCS/HB 1133 (2017) and substantially similar to a provision in SB 512 (2017) and HCB 9 (2017).

OFFENSE OF HARASSMENT

Harassment in the second degree is a Class A misdemeanor, unless the person has previously been found guilty of harassment in the second degree or of any offense under any local ordinance, state law, federal law, or military law, which would be chargeable as harassment in the second degree, then harassment in the second degree is a Class E felony. The provisions criminalizing harassment in the second degree shall not apply to the activities of law enforcement officers conducting investigations.

This provision is identical to a provision in HCS/HB 1133 (2017) and HCB 9 (2017) and substantially similar to a provision in SB 512 (2017).

OFFENSE OF ACCEDING TO CORRUPTION

The offense of acceding to corruption is a Class D felony if a witness accepts a benefit on the understanding that he or she will disobey a legal process in a felony prosecution proceeding.

This provision is identical to a provision in HCS/HB 1133 (2017) and HCB 9 (2017) and substantially similar to a provision in SB 512 (2017).

INTOXICATION-RELATED OFFENSES

The definition of the terms "habitual offender" and "intoxication-related traffic offense" are modified as used in provisions relating to public safety criminal offenses. Driving while intoxicated is a Class B felony if the person acts with criminal negligence to 1) cause the death of another who is not in the vehicle, 2) cause death of two or more persons, or 3) cause the death of any person while having a blood alcohol content of at least eighteen-hundredths of one percent.

This provision is identical to provisions in HCS/HB 1133 (2017) and HCB 9 (2017) and substantially similar to a provision in SB 512 (2017).

OFFENSE OF LEAVING THE SCENE OF AN ACCIDENT

The offense of leaving the scene of an accident is a Class D felony if a death occurred as a result of the accident.

This provision is identical to HB 178 (2017) and provisions in HCB 1 (2017), HCB 9 (2017).

OFFENSE OF ILLEGAL REENTRY

This act creates the crime of illegal reentry. An illegal alien commits the crime of illegal reentry if he or she has been removed from the United States due to the violation of certain federal crimes and thereafter enters the state of Missouri and commits the offense of misdemeanor assault or domestic assault, or certain other felony offense, or any crime committed in another state that would be considered an offense of misdemeanor assault or domestic assault, or certain other felony offense under Missouri law.

Illegal reentry is punishable as a Class C felony.

This provision is substantially similar to SS/SCS/SB 612 (2016).

CRIME VICTIMS' COMPENSATION FUND

The act specifies that when a defendant is found guilty of a Class E felony the court shall enter a judgment for forty-six dollars payable to the Crime Victims' Compensation Fund.

This provision is identical to a provision in SB 512 (2017), HB 743 (2017), HCS/HB 1133 (2017), and HCB 9 (2017).

SCOTT SVAGERA

HA 1 - MODIFIES THE DEFINITION OF "SPECIAL VICTIM" FOR PURPOSES OF CERTAIN SECTIONS OF LAW RELATING TO OFFENSES AGAINST THE PERSON.

HA 2 - MODIFIES THE OFFENSE OF ILLEGAL REENTRY.

HA 3 - MODIFIES PROVISIONS RELATED TO PUBLIC PENSION FORFEITURE.

HA 5 - ALLOWS A CLAIM FOR COMPENSATION PAID FOR BURIAL FOR THE

DEATH OF A CRIME VICTIM TO BE MADE BY THE FUNERAL HOME OR A

RELATIVE OF THE VICTIM. MAKES ADDITIONAL CHANGES TO THE CRIME VICTIM'S COMPENSATION FUND.

HSA 1 FOR HA 6, A.A. - MODIFIES THE OFFENSES OF INVOLUNTARY MANSLAUGHTER, STALKING, PROPERTY DAMAGE, AND TRESPASS. CREATES THE BLUE ALERT SYSTEM.

HA 7 - PROHIBITS CERTAIN PERSONS FOUND GUILTY OF ENDANGERING A CHILD IN THE FIRST DEGREE FROM KNOWINGLY BEING PRESENT IN OR LOITERING WITHIN FIVE HUNDRED FEET OF ANY REAL PROPERTY COMPRISING ANY SWIMMING BEACH OR ANY MUSEUM WITH THE PRIMARY PURPOSE OF ENTERTAINING OR EDUCATING CHILDREN UNDER 18 YEARS OLD.

THE AMENDMENT ALSO CREATES NEW PROVISIONS RELATING TO THE ADDRESS CONFIDENTIALITY PROGRAM.

HA 8 - ADDS LAW ENFORCEMENT POLICIES TO THE DEFINITION OF WHAT

MAY CONSTITUTE A SANCTUARY POLICY THAT MAY NOT BE ENACTED BY A MUNICIPALITY.

THE AMENDMENT ALSO MODIFIES PROVISIONS RELATING TO MUNICIPAL JUDGES AND TRAFFIC VIOLATIONS AND ENFORCEMENT.

HA 9 - CREATES NEW PROVISIONS RELATING TO THE STATE LEGAL EXPENSE FUND.

HA 10 - MODIFIES AND CREATES NEW PROVISIONS RELATING TO CRIMINAL NONSUPPORT, EXPUNGEMENT OF RECORDS DUE TO IDENTITY THEFT OR MISTAKEN IDENTITY, AND ASSET FORFEITURE.