Missouri Senate

Senate Committee Substitute

Offenses Against the General Assembly

(Sections 21.403 to 21.405 and Sections 575.040 to 576.030)

This act specifies that, when a person is subpoenaed to testify or provide information at a proceeding before a body of the General Assembly, a court must issue, upon request from the presiding officer of the body that subpoenaed the person, an order requiring the person to testify or provide information if the person refuses to do so on the basis of the person's privilege against self-incrimination. Before issuing such an order, a court must find that the request for the order has been approved by a vote of a three-fifths majority of the members of the body requesting the order. If a witness refuses, on the basis of the privilege against self-incrimination, to testify or provide information and the person presiding over the proceeding informs the witness that an order requiring the testimony or production of information was issued, the witness must not refuse to comply with the order on the basis of the asserted privilege. However, no testimony or information compelled under the order may be used against the witness in any criminal proceeding other than perjury, giving a false statement, or otherwise failing to comply with the order.

If a witness summoned by a body of the General Assembly willfully fails to appear, refuses to answer any pertinent questions, or fails to produce required documents, a statement of facts regarding such failure may be reported to and filed with the presiding officer. The presiding officer may certify the statement of facts to the prosecuting or other attorney having jurisdiction to prosecute. The Attorney General will have concurrent original jurisdiction to commence a criminal action throughout the state. Upon request by the presiding officer, the court must, within 15 days of the request, appoint independent counsel, who will have jurisdiction to prosecute. If independent counsel is appointed, such independent counsel will have sole jurisdiction to prosecute under such section.

The act also establishes the following punishments for offenses related to proceedings before the General Assembly:

· The offense of perjury is a class D felony if it is committed in any proceeding before a body of the General Assembly;

· The offense of making a false affidavit is a Class A misdemeanor when it is done in any proceeding before a body of the General Assembly;

· The offense of interfering with the legal process is modified to include proceedings before a body of the General Assembly. Such a crime is punishable as class B misdemeanor;

· The offense of tampering with a witness or victim is a class E felony when the witness is a witness in a proceeding before a body of the General Assembly;

· The offense of acceding to corruption when the person is a witness or prospective witness in a proceeding before a body of the General Assembly is a Class D felony;

· The newly created offense of contempt of a body of the General Assembly, as described above, is class A misdemeanor or class E felony, depending on the circumstances; and

· A person commits the offense of obstructing government operations if he or she purposely obstructs, impairs, hinders, or perverts the performance of a governmental function by the use or threat of harm, intimidation, or coercion. The offense of obstructing government operations is a Class A misdemeanor rather than the current class B misdemeanor. However, if committed against a body of the General Assembly, it is a Class E felony.

These provisions are identical to provisions in HCS/SCS/SB 662 (2020) and HCS/SB 587 (2020) and substantially similar to HCS/HB 2374 (2020).

Dissolution of Candidate Committees

(Section 105.465)

Under current law, any person who registers as a lobbyist is required to dissolve his or her candidate committee. This act creates an exemption from this requirement for any person holding an elective municipal office or school district office and any person who is a candidate for an elective municipal office or school district office.

Legislative Lobbyists

(Section 105.470)

This act modifies the definition of "legislative lobbyist" for purposes of lobbying laws to exclude legislative liaisons. "Legislative liaison" is defined as any state employee hired to communicate with members of the general assembly on behalf of any elected official of the state; the judicial branch of state government; or any department, agency, board, or commission of the state, provided such entity is a part of the executive branch of state government. Any state employee employed as a legislative liaison who performs lobbying services for any other entity shall register as a lobbyist with respect to such lobbying services.

This provision is identical to a provision in HCS/SB 552 (2020) and SCS/HCS/HB 937 (2019) and substantially similar to a provision in HB 2117 (2020).

SCOTT SVAGERA