HCS/SS/SCS/SB 966 - This act modifies provisions relating to the administration of the criminal justice system.
LAW ENFORCEMENT INFORMATION RECORDS
(Sections 43.507, 217.075, and 610.210)
This act repeals a provision requiring the deletion of uniquely identifying medical information within a criminal record prior to being made available to qualified persons and organizations.
This act authorizes automation of Department of Corrections records and makes some records available to law enforcement agencies and qualified persons and organizations as defined by the Health Insurance Portability and Accountability Act.
This act makes some records available to law enforcement agencies and qualified persons and organizations as defined by the Health Insurance Portability and Accountability Act.
These provisions are identical to provisions of SCS/HB 2026 (2018) and a provision of SS/SCS/HCS/HB 1355 (2018).
RESIDENCY REQUIREMENTS FOR SHERIFFS AND DEPUTY SHERIFFS
Currently, an under sheriff or deputy sheriff in a Missouri county must be a resident of Missouri. This act modifies that requirement by allowing under sheriffs and deputy sheriffs to be residents of an adjoining state.
This provision is identical to HB 1892 (2018) and a provision of SS/SCS/HB 1355 (2018).
ST. LOUIS SHERIFF'S OFFICE'S POST CERTIFICATION (Section 57.450)
This act specifies that the office of the Sheriff of the City of St. Louis is a law enforcement agency, and that the sheriff and sworn deputies of that office are to be considered law enforcement officers who may be eligible for training and licensure by the peace officer standards and training (POST) commission.
This provision is identical to a provision of SB 652 (2018) and SS/SCS/HB 1355 (2018), substantially similar to SB 451 (2017), and is similar to a provision of HCS/HB 878 (2017).
KANSAS CITY LAW ENFORCEMENT SALARIES (Section 84.510)
This act raises the maximum compensation level for lieutenant colonels, majors, captains, sergeants, master patrol officers, master detectives, detectives, investigators, and police officers in Kansas City.
This provision is identical to HB 2070 (2018).
RECORD RETENTION LAWS
(Sections 109.210, 109.320, 610.027, 610.031)
This act authorizes any aggrieved person, the Attorney General of Missouri, or a prosecuting attorney to seek enforcement of certain record retention laws that prohibit the destruction of records by public bodies. Upon the filing of such an action, the custodian of records for the body shall not transfer, alter, destroy, or otherwise dispose of the material until a court order is issued on the status of the material. Upon a finding by a preponderance of the evidence that a public body or member of the body has knowingly violated such record retention laws, the body or member shall be subject to a civil penalty of between $500 and $10,000, as well as required to pay attorney fees and costs to the successful party. Any person that knowingly violates such record retention laws shall be guilty of a Class B misdemeanor. If there is a finding that the body or member has not knowingly violated such laws, then the body or member may be subject to a civil penalty of up to $1,000 and may be ordered to pay attorney fees and costs to the successful party. Any such action must be brought within one year of the violation being discovered. Circuit courts of this state shall have authority to issue injunctions to enforce certain record retention laws.
Any public body that is in doubt about the legality of destroying or disposing of any material may seek a formal opinion of the Attorney General. Any body relying in good faith on such opinion shall not be deemed to have committed a violation of certain record retention laws.
Currently, a public body or member that knowingly violates the Missouri Sunshine Law is subject to a civil penalty of up to $1,000. This act changes the penalty to not less than $500 but not more than $10,000. If the court finds a knowing violation, then the court shall, rather than may, order the payment of all costs and reasonable attorney fees. A person who knowingly violates the Sunshine Law is guilty of a Class B misdemeanor.
Current law provides a separate set of civil penalties for purposeful violations of the Sunshine Law. This act repeals such penalties for purposeful violations. The act further provides that a public body or member that has not knowingly violated the Sunshine Law may be subject to a penalty of not more than $1,000 and the court may order the payment of attorney fees and costs to the successful party.
There is created within the office of Attorney General a Transparency Division. Any assistant attorney general assigned to the Division shall not participate in the prosecution or defense of any civil claim on behalf of the state, except that such assistant attorney general may participate in the prosecution of any violation of record retention laws or the Missouri Sunshine Law. The state, and all agencies of the state, are deemed to waive any conflict of interest under the Rules of Professional Conduct that an assistant attorney general may have.
If the Attorney General concludes that any person may have violated record retention laws or the Missouri Sunshine Law, the Attorney General may serve a civil investigative demand on any person that he or she believes may have information or evidence relevant to the suspected violation. The act sets forth the contents of the demand as well as service of the demand. A recipient of a demand may file a petition to extend the return date for good cause or seek to quash or modify the demand. A demand shall only be quashed or modified on the same basis as a subpoena duces tecum issued by a court. If a person fails to comply with a demand, the Attorney General may file a petition for an order to enforce the demand. A person refusing to comply with an order enforcing the demand shall be found in contempt. Any person who, with intent to avoid compliance with the demand, removes, destroys or somehow alters any information responsive to the demand shall be guilty of a Class A misdemeanor. The Attorney General shall have concurrent jurisdiction to enforce this provision.
This provision is similar to HB 2523 & 2524 (2018), and SB 1048 (2018).
PROBATION AND PAROLE BOARD (Sections 217.010-217.810)
This act renames the Missouri Board of Probation and Parole as the Parole Board. The Board shall exercise independence in its decision making but operate cooperatively within the department of corrections and with other agencies, officials, courts, and stakeholders to achieve systemic improvement. Under this act, the board shall adopt guidelines pertaining to: finite prison capacity for violent offenders, releasing supervision manageable cases, use of finite resources, supporting seamless reentry, setting appropriate conditions of supervision, and developing strategies for responding to violations. In addition, the act requires the Board to collect and publish data on parolees.
This act creates "the Division of Probation and Parole" as a new division within the Department of Corrections.
Under this act, the Division of Probation and Parole will give administrative support to the Parole Board as well as assume supervision over all offenders subject to probation, parole, and supervision, and provide programs necessary to carry out its responsibilities. Additionally, the director of the Division will assume the role of appointing probation and parole officers in lieu of the chairman of the Parole Board, and issue warrants for the arrest of persons under the supervision of the Division.
This act requires the Department of Corrections to establish a "community behavioral health program". Under the program, the Department will collaborate with the Department of Mental Health to provide comprehensive community-based services for individuals under the supervision of the Department of Corrections who have serious behavioral health conditions.
The Department of Corrections must adopt a streamlined, validated risk/need assessment tool in order to evaluate the risk/need of offenders as it pertains to department programs. In addition, the act modifies the parole review standards and instructs the Parole Board to conduct a risk/need assessment prior to an offender's hearing, and allows the Board to waive the hearing if the assessment indicates the offender may be paroled without an interview. Also, special parole conditions shall be responsive to the assessed risk and needs of the offender.
This act allows for a victim who has requested an opportunity to be heard by the Parole Board to receive notice that the Board is conducting a risk assessment of the inmate.
This act authorizes community supervision centers to respond to violations and prevent revocations.
This act requires offenders to complete restitution prior to final discharge by way of completion of time served and earned compliance credits.
These provisions are similar to provisions SCS/HB 2026 (2018).
COUNTY AND CITY JAIL REIMBURSEMENTS (Section 221.105)
This act authorizes the presiding judge of a judicial circuit, in consultation with the circuit and associate judges of the circuit, to propose expenses reimbursable by the state on behalf of one or more of the counties in that circuit.
This provision is similar to a provision of the perfected version of SS/SCS/SB 966 (2018) and SS/SCS/HB 1355 (2018).
DOMESTIC VIOLENCE FATALITY REVIEW PANELS (Section 455.560)
This act creates a process for establishing and operating domestic violence fatality review panels after instances of homicide which have been determined to be related to domestic violence. These panels are organized by the prosecuting or circuit attorney of the jurisdiction in which the homicide occurred, and consist of members described in the act.
It is the duty of the panel to investigate homicides related to domestic violence and issue a public report. The work product of the panel, other than the public report to be issued, is not public record and is not admissible in judicial or administrative proceedings.
This provision is substantially similar to SB 976 (2018) and is similar to SB 511 (2017).
ELECTRONIC MONITORING (Section 455.095)
This act provides that a court may place a person on electronic monitoring with victim notification if the person is charged with, or has been found guilty of, violating an order of protection.
Electronic monitoring with victim notification is defined as a monitoring system that can monitor the movement of a person and immediately transmit the person's location to the victim and local law enforcement when the person enters a certain area.
The court only may place a person on electronic monitoring with victim notification if the protected person has provided his or her informed consent. The phrase "informed consent" is defined under the act.
The person being monitored must pay the costs associated with the monitoring unless he or she is determined by the court to be indigent. If determined to be indigent, the court clerk must notify the Department of Corrections and send a bill for the monitoring costs to the Department. The Department must establish a procedure to determine the portion of costs the indigent person is able to pay and must seek reimbursement of such costs.
An electronic alert is probable cause to arrest the monitored person for a violation of a protective order.
The Department of Corrections, Department of Public Safety, Missouri State Highway Patrol, circuit courts, and local law enforcement agencies are required to share information obtained via the electronic monitoring.
Immunity to liability is granted to suppliers of the electronic monitoring system for certain injuries associated with the use of the system.
This provision expires on August 28, 2024.
This provision is identical to SB 641 (2018), a provision of SCS/HB 2026 (2018), a provision of SS/SCS/HB 1355 (2018), similar to SB 99 (2017), SB 678 (2016), and SCS/SB 86 (2015).
MODEX (Section 488.5320)
This act repeals provisions prohibiting St. Louis City and St. Louis County sheriffs, county marshals, or other officers from charging for their services rendered in cases disposed of by a violations bureau that is established pursuant to law or by a Supreme Court rule.
This provision is identical to a provision of SS/SCS/HB 1355 (2018) and similar to a provision of SB 994 (2018) and HB 1432 (2018).
FEDERAL FORFEITURE REPORTING (Section 513.653)
Currently, law enforcement agencies involved in using the federal forfeiture system under federal law shall file a report regarding federal seizures and the proceeds therefrom to the state by January 31st for the previous calendar year with both the Department of Public Safety and the State Auditor's Office. The report shall include the value of items seized, the beginning balance of federal forfeiture funds or assets previously received and not yet used, the proceeds received from the federal government, the expenditures from the proceeds, and the ending balance of federal forfeiture funds or assets on hand. The Department of Public Safety shall not issue funds to any agency that fails to comply.
This act moves the filing deadline back to February 15th and no longer requires an agency to file with the Department of Public Safety. Additionally, the filing will consist of a copy of the federal form entitled "ACA Form - Equitable Sharing Agreement and Certification". Any law enforcement agency that intentionally or knowingly fails to comply with the reporting requirement shall be ineligible to receive state or federal funds which would have been otherwise paid to them for law enforcement, safety, or criminal justice purposes.
This provision is identical to a provision of SS/SCS/HB 1355 (2018) and similar to a provision of HB 1172 (2017).
SEXUAL CONDUCT IN THE COURSE OF PUBLIC DUTY (Section 566.146)
This act establishes the offense of sexual conduct in the course of public duty.
A person commits the offense of sexual conduct in the course of public duty if he or she is a probation or parole officer, police officer, or an employee of, or assigned to work in any jail, prison, or correctional facility and engages in sexual conduct while on duty with a witness or with a person who is detained, arrested, or imprisoned. The offense shall be a Class D felony.
This provision is identical to HB 2520 (2018) and a provision of HCS/HB 2350 (2018) and HB 2336 (2018).
RESIDENCE RESTRICTIONS FOR SEXUAL OFFENDERS (Section 566.147)
This act provides that sex offenders shall be prohibited from living within 1,000 feet of a former victim.
Additionally, this act provides that measurements of distance for the purposes of restrictions on residences of sex offenders shall begin at the property line of the school or child care facility nearest to the sex offenders property.
This provision is identical to SCS/SB 689 (2018) and a provision of SCS/HCS/HB 2042 (2018).
PEER SUPPORT SPECIALISTS (Section 590.1040)
This act prohibits peer support specialists who obtain information from law enforcement officers or emergency services personnel while acting in their capacity as a peer support specialist from disclosing any confidential information unless certain conditions specified in the act are met. These conditions include threats of suicide, information relating to the abuse of spouses, children, or the elderly, admission of criminal conduct, and disclosure of certain protected information for which appropriate consent to disclose has been given.
There is no prohibition on communication between peer support specialists or any communication between the specialists and the supervisors or staff of an employee assistance program. There is also no prohibition on communication regarding fitness of an employee for duty between an employee assistance program and an employer.
This provision is identical to SB 616 (2018) and SB 385 (2017), a provision of SS/SCS/HB 1355 (2018), a provision of SCS/HB 2026 (2018), a provision of SCS/HCS/HB 57 (2017), a provision of SS#2/SCS/HCS/HBs 302 & 228 (2017), and is similar to HCS/HB 586 (2017).
VICTIM COMPENSATION (Sections 595.010-595.055)
Currently, if a victim of a crime submits a claim for compensation from the victim compensation fund and the claim is rejected for lack of substantial proof, the victim has thirty days to amend their claim before the claim will be dismissed with prejudice. Additionally, no victim of a crime may recover if the victim has been found guilty of two felonies within the last ten years if one or both involved illegal drugs or violence. This act repeals those provisions.
Currently, if a victim of a crime is from outside of Missouri, the victim is not eligible for compensation unless federal funds for compensation exist. This act repeals that provision.
Currently, compensation for medical services may not exceed $2,500 and compensation for out-of-pocket loss as a result of property seized by a law enforcement investigation may not exceed $250. This act repeals that provision. Additionally, this act modifies the scope of "personal injury" to include emotional or mental harm.
Currently, no case may be awarded compensation if police records show a report was not issued within forty-eight hours. This act repeals that provision and allows victims of domestic violence, sexual offenses, and stalking to provide sworn statements in lieu of official records.
Currently, the Department of Revenue is not liable to make payments of compensation for any out-of-pocket expenses incurred more than three years following the date of the occurrence of the crime. This act repeals that provision.
This act provides that up to $750,000 may be appropriated from the Crime Victims' Compensation Fund to be deposited to the state forensic laboratory account.
These provisions are similar to provisions of SCS/HB 2026 (2018) and SS/SCS/HB 1355 (2018).
FORENSIC EVIDENCE (Section 595.220)
This act modifies the requirements of law enforcement agencies as it pertains to the acquisition and storage of forensic examination evidence.
Currently, the Attorney General with the advice of the Department of Public Safety shall develop the forms and procedures for gathering evidence during and after the forensic examination under the provisions of this section. This act provides requirements for such procedures and that they will be developed by the Department of Public Safety with the advice of the Attorney General and the Attorney General shall establish protocols for an electronic tracking system of evidentiary collection kits.
This act delineates a "reported evidentiary collection kit" from an "unreported evidentiary collection kit". Unreported evidentiary collection kits are those which are collected from a victim who has not consented to participate in the criminal justice process,
This provision is similar to a provision of the perfected version of SS/SCS/HB 1355 (2018) and similar to a provision of SCS/HB 2026 (2018).
EXPUNGEMENT OF CONCEALED WEAPON OFFENSES (Section 610.140)
This act allows individuals found guilty of the offense of unlawful use of a weapon by the carrying of a concealed weapon prior to January 1, 2017, to apply for an order to expunge records relating to such offense.
This provision is identical to SB 954 (2018), HB 2584 (2018), and a provision of SS/SCS/HB 1633 (2018).
LAW ENFORCEMENT (Section 589.303 and 650.035)
This act repeals the "Missouri Crime Prevention Information Center" and replaces it with the "Missouri Law Enforcement Assistance Program" which has the purpose of providing state financial and technical assistance to pilot programs including reimbursement for overtime, increasing analytical capacity, and community policing. The amendment specifies that such pilot programs shall be located in Butler, Buchanan, and Boone counties.
This provision is identical to a provision of SS/SCS/SB 966 (2018) and a provision of SS/SCS/HB 1355 (2018).
DNA PROFILING FOR FELONY OFFENDERS (Section 650.055)
Under current law, every individual who is 17 years old or older and is arrested for burglary, sex-related felonies, and certain felonies committed against a person must provide a biological sample for DNA profiling analysis.
This act requires every individual who is 17 years old or older who is arrested for any felony offense to provide a biological sample for DNA profiling.
This act provides a procedure for individuals who qualify to have their DNA records expunged to request that expungement, and repeals provisions relating to the automatic expungement of certain records.
This provision is identical to SB 654 (2018) and similar to SB 204 (2017), a provision of SS#2/SCS/HCS/HBs 302 & 228 (2017), a provision of SCS/HCB 1 (2017), HB 1115 (2017), SB 729 (2016), SB 76 (2015), and SB 879 (2014).
PERSONS RELEASED FROM PRISONS (Section 1)
This act provides that if a person is found to have not committed the crime of which they were sentenced and subsequently released from prison, the Department of Corrections shall provide such person one Missouri nondriver's license, or driver's license if qualified. The DOC shall provide a birth certificate, marriage license or certificate, divorce decree, certificate of decree of adoption, a court order changing the person's name, a Social Security card reflecting an updated name, and naturalization papers or other documents from the US Department of State proving citizenship if such person is in need of such documentation in order to obtain a license.
HA 1: MODIFIES PROVISIONS RELATING TO SEXUAL OFFENDERS WHICH INCLUDES ESTABLISHING A TIERED REGISTRY SYSTEM AND PROCESS FOR REMOVAL.
HA 2: ALLOWS A COURT TO DEPART FROM A STATUTORILY REQUIRED MINIMUM SENTENCE OR PRISON TERM WHEN SENTENCING A DEFENDANT FOUND GUILTY OF AN OFFENSE. THE COURT MAY NOT DEPART FROM THE STATUTORY MINIMUM SENTENCE OR PRISON TERM FOR CERTAIN OFFENSES AS SPECIFIED IN THE AMENDMENT.
HA 3: CREATES THE OFFENSES OF ILLEGAL USE OF A CARD SCANNER AND DEFACING A CREDIT CARD READER.
HA 4: PROVIDES THAT THE PRESIDING JUDGE OF A JUDICIAL CIRCUIT MAY PROPOSE REIMBURSABLE INCARCERATION EXPENSES AND THAT ANY COUNTY THAT DECLINES TO CONVEY A PROPOSAL TO THE DEPARTMENT SHALL RECEIVE ITS PER DIEM COST FOR ALL PRISONERS CHARGEABLE TO THE STATE.
HA 5: MODIFIES PROVISIONS RELATING TO THE AMBER ALERT OVERSIGHT COMMITTEE, WHEN CIRCUIT CLIENTS ARE NAMED A PARTY IN AN EXPUNGEMENT PROCEEDING, COURT SURCHARGES IN CERTAIN CIRCUITS FOR JUDICIAL FACILITIES, AND FEES CHARGED BY COURT REPORTERS.
HA 6: ADDS FENTANYL TO DRUG OFFENSES AND PROVIDES THAT IN ORDER FOR A HEALTH CARE PROFESSIONAL TO DRAW BLOOD AT THE REQUEST AND DIRECTION OF LAW ENFORCEMENT, SUCH BLOOD DRAW MUST BE ACCOMPANIED BY THE CONSENT OF THE PATIENT OR A WARRANT.
HA 7: REQUIRES ALL CORRECTIONAL CENTERS AND CITY AND COUNTY JAILS DEVELOP PROCEDURES FOR THE INTAKE AND CARE OF OFFENDERS WHO ARE PREGNANT AND PROHIBITS A CORRECTIONAL CENTER FROM USING RESTRAINTS ON A PREGNANT OFFENDER IN HER THIRD TRIMESTER DURING TRANSPORTATION, MEDICAL APPOINTMENTS, LABOR, OR FORTY-EIGHT HOURS POST DELIVERY, UNLESS EXTRAORDINARY CIRCUMSTANCES EXIST.
HA 8: PROVIDES THAT IN CASES OF PRIVATE MISDEMEANOR DRUG PROBATION SERVICES, THE ENTITY PROVIDING THE PRIVATE PROBATION SERVICE SHALL UTILIZE THE DEPARTMENT OF CORRECTIONS STANDARDS OF DRUG SCREENING AND SHALL NOT REQUIRE THE CLIENTS TO TRAVEL MORE THAN 50 MILES TO ATTEND PROBATION MEETINGS.
HA 9: ESTABLISHES THE "SOCIAL INNOVATION GRANT PROGRAM" WITHIN THE OFFICE OF ADMINISTRATION, WITH AN EXECUTIVE DIRECTOR TO ESTABLISH AND OVERSEE THE PROGRAM.
HA 10: ESTABLISHES THAT ANY PRISONER WHO IS IN POSSESSION OF ANY TWO-WAY TELECOMMUNICATIONS DEVICE OR ITS COMPONENT PARTS IS GUILTY OF A CLASS E FELONY.
HA 11: PROVIDES THAT A JUDGE MAY ASSIGN A DEFENDANT ROADSIDE CLEANUP AS A CONDITION OF PROBATION WHEN APPROPRIATE.
HA 12: MODIFIES THE INFORMATION A LAW ENFORCEMENT AGENCY SHALL SEND TO THE ATTORNEY GENERAL REGARDING RACIAL PROFILING IN POLICE STOPS AND THE CONTENTS OF THE ATTORNEY GENERAL'S REPORT.
HA 13: MODIFIES PROVISIONS RELATING TO THE "WHISTLE-BLOWERS" PROTECTION FOR PUBLIC EMPLOYEES.
HA 14, AS AMENDED: MODIFIES PROVISIONS REGARDING THE STATUTE OF LIMITATIONS FOR CERTAIN CRIMES AND MODIFIES THE OFFENSE OF PROMOTING PROSTITUTION IN THE FIRST DEGREE.
HA 15: PROVIDES THAT ANY INMATE WHO RECEIVES AN ON-SITE NONEMERGENCY MEDICAL EXAMINATION SHALL PAY A FEE.
HA 16: CHANGES PROVISIONS REGARDING SCHOOL REPORTING REQUIREMENTS TO LAW ENFORCEMENT.
HA 17: PROVIDES THAT A PERSON COMMITS THE OFFENSE OF UNLAWFUL USE OF WEAPONS IF, WITH CRIMINAL NEGLIGENCE, A PERSON DISCHARGES A FIREARM WITHIN OR INTO THE LIMITS OF ANY MUNICIPALITY.
HA 18: PROVIDES THAT AN OFFENDER SERVING A SENTENCE OF LIFE WITHOUT PAROLE FOR A MINIMUM OF 50 YEARS SHALL BE ELIGIBLE FOR PAROLE AFTER 30 YEARS IF SUCH PERSON IS 70 YEARS OF AGE, HAD NO FELONY CONVICTION FOR A VIOLENT CRIME PRIOR TO THE ONE FOR WHICH THEY ARE SERVING THEIR SENTENCE, AND IS NOT A CONVICTED SEX OFFENDER.
HA 19: MODIFIES PROVISIONS RELATING TO THE GOOD TIME CREDITS AVAILABLE TO OFFENDERS SERVING THEIR SENTENCE IN AN ORDERLY AND PEACEABLE MANNER.