SS#3/SCS/HB 113 - This act modifies provisions relating to public safety.
TASK FORCE ON SUBSTANCE ABUSE PREVENTION AND TREATMENT (Section 21.790).
This act establishes the "Task Force on Substance Abuse Prevention and Treatment". The task force shall be comprised of sixteen members, including six from the House of Representatives, six from the Senate, and four appointed by the Governor, as specified in the act. The task force shall conduct hearings on current and future drug and substance use and abuse in Missouri, explore solutions to such issues, and draft or modify legislation as necessary to effectuate the goals of finding and funding education and treatment solutions. The task force shall report annually to the General Assembly and Governor with recommendations for legislation pertaining to substance abuse prevention and treatment.
These provisions are similar to HB 240 (2019).
CONFIDENTIALITY OF MOTOR VEHICLE REGISTRATION RECORDS (Section 32.056).
This act includes anyone employed by the Department of Corrections, corrections officers, and jailers in the list of persons whose home address and vehicle information is to be kept confidential by the Department of Revenue.
These provisions are identical to HCS/HB 1134 (2019).
COUNTY REGULATIONS OF COUNTY PROPERTY (Section 49.266).
Currently, the county commissions in all non-charter counties are authorized to promulgate regulations concerning the use of county property. This act authorizes the county commission in all first, second, third, and fourth classification counties to promulgate such regulations.
These provisions are identical to SB 464 (2019).
EMERGENCY COMMUNICATIONS SERVICES (Section 190.335).
Current law prohibits any county that has a county sales tax for the central dispatch of emergency services that is automatically reduced in future years from submitting for voter approval any proposal greater than the reduced amount. Under this act, any county that authorized a tax levy for certain emergency services prior to January 1, 2012, and such levy is reduced automatically after approval of such levy, shall not submit for voter approval any proposal greater than the reduced amount.
These provisions are similar to provisions in SS/SCS/SB 291 (2019).
KANSAS CITY REGIONAL LAW ENFORCEMENT MEMORIAL FOUNDATION FUND (Section 143.1028).
For all tax years beginning on or after January 1, 2019, and ending on or before December 31, 2023, this act allows a taxpayer to designate a portion of such taxpayer's income tax refund to the Kansas City Regional Law Enforcement Memorial Foundation Fund, which is created by the act.
These provisions are similar to HCS/HB 703 (2019).
DESTRUCTION OF CONTROLLED SUBSTANCES (Section 195.140).
Under this act, all controlled substances which have come into the custody of a peace officer or an officer or agent of the Department of Health and Senior Services may be disposed of through incineration, as described in the act, to the extent permissible under federal law.
THE AMBER ALERT SYSTEM (Section 210.1014).
This act requires the Amber Alert System Oversight Committee to meet at least annually to discuss potential improvements to the system. The committee membership may include a representative of the outdoor advertising industry, a representative of the Missouri Broadcasters Association, and a representative of the public at large.
Additionally, Amber Alerts issued in Missouri may include an embedded Uniform Resource Locator (URL) referencing additional resources available on the Internet.
This act establishes "HAILEY'S Law" ("Honing Alerts Issued by Law Enforcement for Youth Safety Act") and requires the Amber Alert System to be integrated into the Missouri Uniform Law Enforcement System (MULES) and Regional Justice Information Services (REJIS) to expedite the reporting of child abductions.
Finally, this act requires the committee to submit a report to the General Assembly by January 1, 2020, and annually thereafter, regarding information specified in the act.
These provisions are identical to SS/SB 145 (2019).
THE OFFENSE OF VEHICLE HIJACKING (Sections 211.071, 556.061, and 570.027).
This act creates the offense of vehicle hijacking, which is committed when an individual purposely uses or threatens the use of physical force upon another individual to seize or attempt to seize possession or control of a vehicle. This offense is
punished as a Class B felony unless one of the aggravating circumstances listed in the act was present during the commission of the offense, in which case it is punished as a Class A felony. Also, the definition of dangerous felony is modified to includethe offense of vehicle hijacking when punished as a Class A felony.
If a person is charged with the offense of vehicle hijacking, and is between the ages of 12 and 17 or 18 then a mandatory hearing is conducted to determine if the case shall proceed in a juvenile court or a court of general jurisdiction.
These provisions are similar to SCS/SB 433 (2019).
INMATE CANTEEN FUND (Section 217.195).
Currently, the chief administrative officer of a correctional center may create and operate a canteen or commissary for the use and benefit of the offenders with the approval with the division director. Under this act, the director of the Department of Corrections must approve the creation and operation of any canteen or commissary.
The currently existing Inmate Canteen Fund shall be established in the state treasury. This fund shall consist of funds received from inmate canteens located in correctional facilities. Any proceeds generated from this fund shall be expended solely for the purpose of improving inmate recreational, religious, educational, and reentry services.
These provisions are identical to SB 434 (2019).
UNLAWFUL USE OF UNMANNED AIRCRAFT (Sections 217.850, 577.800, and
This act creates three new offenses: unlawful use of unmanned aircraft over a correctional center, unlawful use of unmanned aircraft over an open air facility, and unlawful use of unmanned aircraft over a mental health hospital. All of these offenses are committed if a person purposely operates an unmanned aircraft within a vertical distance of three hundred feet above the property line. Such use of unmanned aircraft must occur within the time frame of one hour before the start of a scheduled event to one hour after the conclusion of the scheduled event in order to constitute the offense of unlawful use of unmanned aircraft over an open air facility.
Also, the offenses of unlawful use of unmanned aircraft over a correctional center and unlawful use of unmanned aircraft over a mental health hospital are committed if a person purposely uses an unmanned aircraft to deliver a controlled substance or object that may be used to harm an offender, patient, or employee of a correctional center or mental health hospital.
The term "correctional center" is defined to include all state correctional centers, private jails, and local jails. While the term "open air facility" is defined to include all sports, theater, music, performing arts, or any other entertainment facilities with a capacity greater than 5,000 people or more and is not completely enclosed by a roof or other structure. Additionally, "mental health hospital" is defined to include any facility operated by the Department of Mental Health to provide inpatient evaluation, treatment, or care to persons suffering from a mental disorder, mental illness, or mental abnormality.
This act shall not apply to certain individuals acting in the course of their official duties or to public utilities or rural electric cooperatives under certain circumstances, as described in this act.
Under this act, every correctional center, open air facility, and mental health hospital shall post an eleven by fourteen inch sign warning of the provisions of this act.
The offense of unlawful use of unmanned aircraft over a correctional center is punished as an infraction, or as a Class B felony if the person operating the unmanned aircraft was delivering an article that may be used to harm an offender or employee of the correctional center. Also, if the use of the unmanned aircraft was to facilitate an escape from the correctional center, then it is punished as a Class C felony, and if the person operating the unmanned aircraft was delivering a controlled substance, then it shall be punished as a Class D felony.
The offense of unlawful use of unmanned aircraft over a open air facility is punished as an infraction, or as a Class B felony if the person operating the unmanned aircraft was delivering an article that may be used to harm a guest or employee of the open air facility. Also, if the person operating the unmanned aircraft was delivering a controlled substance, then it shall be punished as a Class D felony.
Finally, the offense of unlawful use of unmanned aircraft over a mental health hospital is punished as an infraction or a Class B felony if the person operating the unmanned aircraft was delivering an article that may be used to harm a patient or employee of the mental health hospital. Also, if the use of the unmanned aircraft was to facilitate an escape from the mental health hospital, then it is punished as a Class C felony, and if the person operating the unmanned aircraft was delivering a
controlled substance, then it shall be punished as a Class D felony.
These provisions are similar to SS#2/SCS/SB 194 (2019).
POSSESSION OF AN UNLAWFUL ITEM IN A PRISON OR JAIL (Section 221.111).
Currently, a person commits the offense of possession of unlawful items in a prison or jail if the person possesses, delivers, deposits, or conceals certain items in a prison or jail. This act adds two-way telecommunications devices and their component parts to the list of prohibited items. A violation of the provisions of this act are punished as a Class E felony. A non-inmate posses certain items in a correctional center or jail if there is no intent to conceal a device. If such a person fails to comply with an order to surrender such item, that person shall be guilty of a Class A misdemeanor.
These provisions are similar to HB 70 (2019).
ILLEGAL GAMBLING (Sections 311.660, 311.710, 311.720, 313.004, 313.225, 572.010, and 572.100).
Current law allows the Missouri Gaming Commission to enter into agreements with various federal, state, and local agencies to carry out the duties of the Commission. This act also allows the Commission to enter into agreements with such agencies for investigations relating to and the enforcement of criminal provisions relating to illegal gambling.
This act requires the Gaming Commission to establish a telephone contact number, which shall be prominently displayed on the Commission's website, to receive reports of suspected illegal gambling activity. The Commission shall initiate an investigation upon receiving such report. If the Commission finds sufficient evidence of illegal gambling, it shall refer such violation to the prosecuting attorney. Upon the request of the prosecuting attorney, the Attorney General may aid such prosecuting attorney in prosecuting violations referred by the Commission.
Any person or establishment licensed under current law relating to gaming that is convicted of or pleads guilty to illegal gambling, and any affiliated company of such person or establishment, shall be permanently prohibited from being licensed to participate in any way in a program implementing video lottery gaming terminals should such a program be implemented in this state.
This act also allows the supervisor of liquor control to refer to the Commission any suspected illegal gambling activity being conducted on the premises of a location licensed under the Liquor Control Law.
Current law allows a sheriff, peace officer, or eight or more citizens of a county or city to bring an action in circuit court to initiate proceedings to suspend or revoke a license issued under the Liquor Control Law as a result of certain offenses committed by a licensee. This act adds permitting illegal gambling devices on the licensed premises of a licensee to such list of offenses.
This act provides that any conviction in this state for illegal gambling activity involving an illegal gambling device shall result in the automatic and permanent revocation of a license issued under the Liquor Control Law, as well as any lottery game retailer license.
This act modifies the definition of "gambling device" for the purposes of provisions of law relating to the prosecution of illegal gambling.
These provisions contain an emergency clause.
These provisions are similar to SCS/SB 431 (2019).
COMPLAINTS AGAINST A PSYCHOLOGIST (SECTION 337.068).
Under current law, if the Board finds merit to a complaint made by a prisoner under the care and control of the Department of Corrections or who has been ordered to be taken into custody, detained, or held as a sexually violent predator, and takes further investigative action, no documentation may appear on file nor may any disciplinary action be taken in regards to the licensee's license unless there are grounds for the denial, revocation, or suspension of a license.
This act includes complaints made by individuals who have been ordered to be evaluated in a criminal proceeding involving mental illness.
Under this act, a psychologist subject to the complaint by an individual who has been ordered to be evaluated in a criminal proceeding involving mental illness prior to August 28, 2019, may submit a written request to destroy all documentation regarding the complaint, and notify any other licensing board in another state, or any national registry who had been notified of the complaint, that the Board found the complaint to be unsubstantiated.
These provisions are identical to HB 441 (2019).
MINIMUM PRISON TERMS (SECTION 558.019).
Under current law, all classes of felonies, except those with specific minimum sentences and those involving controlled substances, are subject to statutorily required minimum prison terms. This act provides that such minimum prison terms shall only apply to certain named offenses as listed in the act.
Under this act, minimum prison terms shall no longer apply to offenders who were convicted of or pled guilty to, a felony offense that is no longer subject to a minimum prison term. Any such offender shall be eligible for parole, conditional release, or early release.
These provisions are similar to SCS/SBs 8 & 74 (2019).
THE OFFENSE OF PROMOTING PROSTITUTION IN THE FIRST DEGREE
This act modifies the offense of promoting prostitution in the first degree. A person may be found guilty of such offense if he or she owns, manages, or operates an interactive computer service with the intent to promote or facilitate the prostitution of another. Such offense shall be a Class A felony if the person, in addition to operating an interactive computer service with the
intent to promote prostitution while using a facility affecting commerce, acts in reckless disregard of the fact that such conduct contributed to the offense of trafficking for the purposes of sexual exploitation. A person injured by such actions may recover civil damages and restitution.
These provisions are identical to SCS/SB 37 (2019).
CRIMINAL OFFENSES INVOLVING CRITICAL INFRASTRUCTURE FACILITIES
This act creates new provisions of law relating to criminal offenses involving critical infrastructure facilities, as such term is defined in the act.
A person commits the offense of trespass on a critical infrastructure facility if he or she purposely trespasses or enters property containing a critical infrastructure facility without permission. The offense of trespass on a critical infrastructure facility is a Class B misdemeanor. If it is determined that the intent of the trespasser is to damage, destroy, or tamper with equipment, or impede or inhibit operations of the facility, the person shall be guilty of a Class A misdemeanor.
A person commits the offense of damage of a critical infrastructure facility if he or she purposely damages, destroys,
or tampers with equipment in a critical infrastructure facility. The offense of damage of a critical infrastructure facility is a Class D felony.
These provisions shall not apply to conduct protected under the Constitution of the United States or Missouri, as well as, conduct protected under state or federal law.
These provisions are similar to SCS/SB 293 (2019).
RECORDS OF MUNICIPALLY UTILITIES (Section 610.021).
This act adds individually identifiable customer usage and billing records for customers of a municipally owned utility, unless the records are requested by the customer or authorized for release by the customer, to the list of records that may be closed under the Sunshine Law. A municipally owned utility shall make available to the public the customer's name, billing address, location of service, and dates of service provided for any commercial service account.
These provisions are identical to SCS/SB 453 (2019).
WATER SAFETY AND SECURITY (Sections 640.141, 640.142, 640.144, 640.145, 640.146, 640.147).
This act establishes the Missouri Water Safety and Security Act. By January 1, 2021, each public water system in the state that serves less than 50,000 customers shall create a plan or assessment to identify risk and resilience of the system. Such plan or assessment shall contain components as set forth in the act. Public water systems shall make a summary of its plan or assessment available upon request. The summary of the plan or assessment shall not include any information that could compromise the physical or cyber security of the system.
The act requires public water systems that serve less than 50,000 customers, except those systems without internet-connected control systems, to create a plan that establishes policies and procedures for cyber security risk management, prevention, and mitigation.
The act further requires each public water system that serves less than 50,000 customers to create isolation and control valve inspection plans. Public water systems that provide water for fire protection shall create hydrant inspection plans. The plans shall contain requirements as set forth in the act.
Public water systems that do not serve residents or connections on a year-round basis and public water systems that are operated by the Department of Natural Resources shall be exempt from the provisions of the Missouri Water Safety and Security Act.
An annual statement of compliance shall be signed by the operator or engineer of the public water system certifying compliance with the provisions of the Missouri Water Safety and Security Act.
No provisions of the act shall be construed to establish a private civil cause of action against an individual in violation of any of the provisions of the act.
These provisions are substantially similar to SCS/SB 66 (2019).
MISSOURI LAW ENFORCEMENT ASSISTANCE PROGRAM (Section 650.035)
Currently only law enforcement agencies located in Butler, Boone, and Buchanan counties are eligible to receive funding under this program. This act modifies the provisions of the program, so that law enforcement agencies in any county and St. Louis City shall be eligible to receive funding under the program.