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HCS/SS#2/SCS/SB 523 - This act modifies several provisions relating to public safety. CORRECTION OFFICER CONFIDENTIALITY (Section 32.056) Under this act, the home addresses and vehicle information of employees of the Department of Corrections, corrections officers, and jailers shall be kept confidential by the Department of Revenue. These provisions are identical to provisions in HCS/SS/SB 600 (2020) and HB 1418 (2020). STATE DEPARTMENT OF DEFENSE (Sections 40.003, 41.005, 45.010, 45.020, 45.030, and 650.005) Beginning December 31, 2020, this act creates the "Department of Defense" and transfers the powers, duties, and functions of the Office of Adjutant General, the state militia, and the Office of the State Judge Advocate from the Department of Public Safety. These provisions are effective upon voter approval of a constitutional amendment. These provisions are identical to provision in HCS/SS/SCS/SB 600 (2020) and HB 2209 (2020). REGULATION OF CERTAIN DOG BREEDS (Section 67.142) Under this act, the General Assembly shall preempt any local ordinances or rules regulating specific breeds of dogs. However, a political subdivision may prohibit dogs from running at large or may regulate dogs in a non-breed specific manner. These provisions are identical to provisions in HCS/SS/SCS/SB 600(2020) and HB 2241 (2020). RESIDENCY REQUIREMENTS OF POLICE DEPARTMENTS (Section 84.344) Currently, commissioned and civilian personnel of the St. Louis City municipal police force must retain a primary residence in the city for a total of seven years and then may maintain a primary residence that is located within a one-hour response time. This act provides that such personnel shall not be subject to a residency requirement so long as the primary residence is located within a one-hour response time. These provisions are identical to HCS/SS/SCS/SB 600 (2020), SCS/SB 558 (2020), SB 905 (2020), and HCS/HB 1604 (2020). PUBLIC SAFETY SALES TAXES (Sections 94.900 and 94.902) This act adds the cities of Clinton, Lincoln, Branson West, Cole Camp, Hallsville, Kearney, Smithville, and Claycomo to the list of cities and villages authorized to levy a sales tax upon voter approval for the purposes of improving public safety. These provisions are identical to provisions in HCS/SS/SCS/SB 600 (2020) and similar to SCS/SB 770 (2020), SB 873 (2020), HB 1701 (2020), HB 1309 (2020), HB 1726 (2020), and HB 1731 (2020). SCHOOL PROTECTION OFFICERS (Sections 160.665 and 590.207) This act creates the "Keep Our Schools Safe Act" which allows school districts to use volunteers as defined in the act as school protection officers. This act requires anyone designated as a school protection officer to carry concealed firearms and self defense spray. These provisions are identical to provisions in HCS/SS/SCS/SB 600 (2020) and HB 1961 (2020). BACKGROUND CHECKS FOR CERTAIN ADULT STUDENTS (Section 168.133) This act requires criminal background checks to be conducted on any person who is 18 years or older, who is not counted by the district for purposes of average daily attendance, and who requests enrollment in a course that takes place on school district property. Such background checks shall be conducted before the person enrolls in the course. A person shall be prohibited from enrolling in such a course if he or she has pled guilty to, or been convicted of, any crime or offense which would currently prevent the issuance of a teaching certificate. Additionally, this act adds "substitute teachers" as individuals required to complete a criminal background check for employment. Substitute teachers may disseminate fingerprint information to up to five school districts with one application as outlined in the act beginning January 1, 2021. This act requires school districts that are not enrolled in the Missouri Rap Back program to facilitate an annual check of employed persons holding current active certificates against criminal history records, sexual offender registry, and child abuse central registry. These provisions are identical to provisions in HCS/SS/SCS/SB 600 (2020) and substantially similar to HB 1483. PRIVATE COLLEGE CAMPUSES ACT (Sections 173.2700, 173.2703, 173.2706, 173.2709, and 173.2712) This act establishes the "Private College Campus Protection Act". The governing board of the College of the Ozarks may employ police officers for purposes set forth in the act. Such officers shall take an oath of office and complete police training to obtain a peace officer license. Additionally, the College of the Ozarks may establish and enforce traffic regulations for on-campus thoroughfares. These provisions are identical to provisions in HCS/SS/SCS/SB 600 (2020) and substantially similar to SB 729 (2020), HB 1282 (2020), to SB 129 (2019), HCS#2/HB 105 (2019), SB 1047 (2018) and HB 2495 (2018). AUTOMATIC EXTERNAL DEFIBRILLATORS FOR CERTAIN ENTITIES (Sections 190.092, and 190.1005) This act modifies provisions of the "Public Access to Automated External Defibrillator Act". Under current law, persons or entities that have acquired an automated external defibrillator are required to ensure that: (1) expected users receive training from the American Red Cross, American Heart Association, or other equivalent training course; (2) the defibrillator is maintained and tested according to the manufacturer's operational guidelines; (3) the user activates the emergency medical services system as soon as possible; and (4) person or entity placing a defibrillator outside of a health care facility has a physician review and approve the protocol and training. This act repeals these provisions and requires that a person or entity who acquires an automated external defibrillator to do the following: (1) comply with all regulations governing placement of the defibrillator; (2) notify an agent of the local EMS agency of the existence, location, and type of all automated external defibrillators on the premises; (3) ensure that the defibrillator is maintained and tested to the manufacturer's guidelines; (4) ensure that testing of the defibrillator occurs at least twice a year and after each use; and (5) ensure that an inspection of all defibrillators on the premises is made every 90 days. Currently, a person who gratuitously and in good faith renders emergency care through the use or provision of an automated external defibrillator shall not be held liable for any civil damages, unless he or she acted in a willful and wanton or reckless manner. This act extends this immunity to criminal penalties. Additionally, a person who or entity that provides training, owns the defibrillator, or is responsible for the site where the defibrillator is located shall likewise not be held liable. This act repeals such immunity for the person or entity that provided the clinical protocol for the sites or programs and for the licensed physician who reviews and approved the clinical protocol. Finally, this act requires any training or course in cardiopulmonary resuscitation to include instruction in the proper use of an automated external defibrillator. These provisions are identical to provisions in HCS/SS/SCS/SB 600 (2020) and similar to provisions in the truly agreed to and finally passed SS/SCS/HCS/HB 1682 (2020), SCS/SB 692 (2020), and SCS/HB 1383 (2020). LICENSING OF PHYSICIANS ASSISTANTS (Sections 190.094, 190.100, 190.105, 190.142, 190.143, 190.196, & 190.243) This act adds "physician assistant" or "assistant physician" to the list of staff for certain staffing requirements for ambulances. This act provides that duly licensed physician assistants are exempt from mileage requirements and are not required to hold an emergency medical technician's license. This act also adds physician assistants to those who may supervise someone with a temporary emergency medical technician license. These provisions are identical to provisions in HCS/SS/SCS/SB 600 (2020) and substantially similar to HCS/HB 2125 (2020). MEDICAL MARIJUANA PATIENT INFORMATION (Section 191.255) Under this act, no state agency or employee thereof shall disclose to the federal government or an unauthorized third party the statewide list or any individual information of persons who have applied for or obtained a medical marijuana card. Any violation of this provision is a Class E felony. This provision is identical to a provision in HCS/SS/SCS/SB 600 (2020) and HCS/HB 1896 (2020). SCHEDULES OF CONTROLLED SUBSTANCES (Sections 195.015 and 195.017) Under this act, if a substance is designated, rescheduled, or deleted as a controlled substance under federal law, the Department of Health and Senior Services shall promulgate emergency rules to implement such change within 30 days of publication of the change in the Federal Register, unless the Department objects to such change. If the Department promulgates emergency rules under this act, the rules may remain in effect until the legislature concludes its next regular session following the imposition of the rules. Additionally, this act updates the schedules of controlled substances in Missouri to mirror the most recent update to the schedules in 19 CFR 30-1.002 and further updates by the Drug Enforcement Agency in the Federal Register. These provisions are identical to provisions in the truly agreed to and finally passed SS/SCS/HCS#2/HB 1896 (2020) and similar to provisions of HCS/SCS/SB 6 (2019) and SCS/SB 953 (2018). PRESCRIPTIONS FOR PSEUDOEPHEDRINE AND RELATED DRUGS (Sections 195.417 and 579.060) This act prohibits the requirement of a prescription for the dispensation, sale, or distribution of any drug containing any detectable amount of ephedrine, phenylpropanolamine, or psuedoephedrine, or any of their salts or optical isomers, or salts of optical isomers, in an amount within the limits set forth in law. A prescription shall be required for such drug in excess of the statutory limits. This provision shall not apply in any calendar year in which the state's methamphetamine laboratory seizure incidents, as reported by the Missouri State Highway Patrol, exceed 300 incidents for the most recent calendar year for which such data is reported and made publicly available. This act also changes the amounts that can be sold, dispensed, or otherwise provided to a person in a 30-day period without a prescription from a maximum of 9 grams to a maximum of 7.2 grams. These provisions are similar to provisions in the truly agreed to and finally passed SS/SCS/HCS#2/HB 1896 (2020) and SB 706 (2020). MEDICAL MARIJUANA EDIBLES (Section 195.805) This act prohibits the sale of edible marijuana-infused products that are designed, produced, or marketed in a manner to appeal to persons under 18 years of age, including candies, gummies, lollipops, cotton candy, or products in the shape of a human, animal, or fruit. Each individually wrapped edible marijuana-infused product containing any amount of tetrahydrocannabinols (THC) shall be stamped or the package or wrapping otherwise labeled with a diamond containing the letters "THC" and the number of milligrams of THC in that individually wrapped product. Any medical marijuana licensed or certified entity regulated by the Department of Health and Senior Services found to have violated this act shall be subject to sanctions, including an administrative penalty. The Department shall develop a process by which a licensed or certified entity may seek approval of a product design, package, or label prior to manufacture or sale to determine compliance with these provisions. This provision is similar to a provision in the truly agreed to and finally passed SS/SCS/HCS#2/HB 1896 (2020), the truly agreed to and finally passed SS/SCS/HCS#2/HB 1682 (2020), SCS/SB 764 (2020), the perfected SCS/SB 6 (2019), and SB 335 (2019). MEDICAL MARIJUANA BACKGROUND CHECKS (Section 195.815) The Department shall require all officers, managers, contractors, employees, and other support staff of licensed or certified medical marijuana facilities, and all owners of such facilities who will have access to the facilities or the facilities' supply of medical marijuana, to submit fingerprints to the Highway Patrol for a state and federal criminal background check. The Highway Patrol shall notify the Department of any criminal history record information or lack thereof discovered on the individual. All such records shall be accessible and available to the Department. This provision is identical to provisions in HCS/SS/SCS/SB 600 (2020) , substantially similar to provisions in the truly agreed to and finally passed SS/SCS/HCS#2/HB 1896 (2020), the truly agreed to and finally passed SS/SCS/HCS/HB 1682 (2020), and SCS/SB 764 (2020). This provision has an emergency clause. CERTIFICATION OF JUVENILES (Sections 211.071, 211.438, and 211.439) Under this act, if a person is charged with the offense of vehicle hijacking, and is between the ages of 12 and 18, then a mandatory hearing is conducted to determine if the case shall proceed in a juvenile court or a court of general jurisdiction. Additionally, this act changes the effective date of certain "raise the age" statues from January 1, 2021, to January 1, 2022. These provisions are identical to provisions in HCS/SS/SCS/SB 600 (2020) and HB 1873 (2020) and similar to SCS/SB 602 (2020), SB 561 (2020), SB 433 (2019), and SB 459 (2019). EARLY PAROLE OF CERTAIN OFFENDERS OVER 65 YEARS (Section 217.697) This act provides that any incarcerated offender 65 years or older who has no prior felony convictions of a violent nature, who is not a convicted sexual offender, who is serving a sentence of life without parole for a minimum of 50 years or more for an offense committed prior to October 1, 1984, shall receive a parole hearing upon serving 30 years or more of his or her sentence. The Parole Board must determine whether there is a reasonable probability that the offender will not violate the law upon release and therefore eligible for release based upon a finding that the offender meets specified criteria. This act requires any offender granted parole under these provisions to be placed on a minimum of five years supervision by the Division of Probation and Parole. This provision is identical to a provision in HCS/SS/SCS/SB 600 (2020). LIFETIME SUPERVISION FOR CERTAIN OFFENDERS (Section 217.735) Under this act, if an offender subject to lifetime supervision in Missouri is supervised during the offender's probation, parole, or conditional release in a receiving state under the Interstate Compact for Adult Offender Supervision, such offender shall be permitted to remain in the receiving state following completion of probation, parole, or conditional release. The Parole Board shall defer to the standards of supervision of the receiving state, including electronic monitoring. If at any time the offender returns to Missouri for more than 30 consecutive days, the offender shall be subject to lifetime supervision. These provisions are identical to provisions in HCS/SS/SCS/SB 600 (2020) and HB 1289 (2020). OFFENSE OF UNLAWFUL USE OF UNMANNED AIRCRAFT OVER A CORRECTIONAL CENTER (Section 217.850) Under this act, a person commits the offense of unlawful use of unmanned aircraft over a correctional center if he or she purposely: • Operates an unmanned aircraft within a vertical distance of 400 feet over a correctional center's secure perimeter fence; or • Allows an unmanned aircraft to make contact with a correctional center, including any person or object on the premises of or within the facility. The act sets forth exceptions to when use of an unmanned aircraft over a correctional center shall not be prohibited. The offense of unlawful use of an unmanned aircraft over a correctional center is punishable as an infraction unless the person using the unmanned aircraft is: • Delivering a gun, knife, weapon, or other article that can be used to endanger the life of an offender or correctional center employee, in which case the offense is a class B felony; • Facilitating an escape from confinement, in which case the offense is a Class C felony; or • Delivering a controlled substance, in which case the offense is a Class D felony. These provisions are identical to provisions in HCS/SS/SCS/SB 600 (2020) and SS/SCS/HB 1450 (2020) and HCS/HB 1898 (2020) and substantially similar to SCS/SB 602 (2020). UNLAWFUL ITEMS IN A PRISON (Section 221.111) Under this act, a person commits the offense of possession of unlawful items in a prison or jail if such person knowingly delivers or possesses a two-way telecommunications device in or on the premises of a correctional facility. Such a violation shall be a Class E felony. Exception is made for a non-inmate to possess such a device, provided that a refusal to surrender such a device at the request of a prison or jail official shall subject such person to a Class A misdemeanor. This provision is identical to provisions in HCS/SS/SCS/SB 600 (2020) and HB 1296 (2020) and to a provision in SS#3/SCS/HB 113 (2019). REGULATIONS FOR HUNTING FERAL HOGS (Section 270.400) This act provides that a landowner may use a night-vision, infrared, or thermal imaging device while attempting to take or kill a feral hog on the landowner's property. This act repeals the provision that during firearms deer and turkey hunting season, the regulations of the Missouri Wildlife Code applies. These provisions are identical to provisions in HCS/SS/SCS/SB 600 (2020) and HB 1292 (2020). ST. LOUIS CITY EMPLOYEES (Section 285.040) Under this act, no employee of St. Louis City shall be required to reside in St. Louis City as a condition of employment. BOATING SAFETY IDENTIFICATION CARDS (Section 306.127) Currently, a person or company that rents or sells vessels may issue a temporary boating safety identification card to an individual to operate a rented vessel or one that is being considered for sale. This provision expires on December 31, 2022. This act extended the expiration date to December 31, 2032. These provisions are identical to provisions in HCS/SS/SCS/SB 600 (2020) and HB 1935 (2020). REAR-FACING CAR SEATS FOR CERTAIN CHILDREN (Section 307.179) This act requires child restraint seats to be rear-facing for children under two years of age. These provisions are identical to provisions in HCS/SS/SCS/SB 600 (2020) and HB 2199 (2020). SALE OF ALCOHOL BY FELONY OFFENDERS (Sections 311.060, 311.660, and 313.220) This act provides that the Supervisor of Liquor Control shall not prohibit a person from participating in the sale of alcohol solely on the basis of being found guilty of a felony offense. This act repeals the provision requiring an employer that has a liquor license to report to the Division of Liquor Control within the Department of Public Safety any employee who has been convicted of a felony. Additionally, the Missouri Gaming Commission shall not prohibit a person from participating in the sale of lottery tickets solely on the basis of being found guilty of a criminal offense, but the person is not eligible to be a licensed lottery game retailer. These provisions are identical to provisions in HCS/SS/SCS/SB 600 (2020) and HB 1468 (2020). LIQUOR SALES (Section 311.199) Under this act, the holder of a valid license to sell intoxicating liquor in the manufacturer's original package to consumers may sell such intoxicating liquor to a consumer in a container other than the manufacturer's original package as provided in the act. This provision is identical to a provision in HCS/SS/SCS/SB 600 (2020). SUNDAY LIQUOR SALES BY THE DRINK (Section 311.293) Under current law, establishments may apply for a Sunday by-the-drink license to sell intoxicating liquor by the drink at retail in resort areas in St. Louis and Kansas City as well as other cities and counties from the hours of 9 A.M. to 12:00 A.M. This act modifies the hours that establishments may apply for a Sunday by the drink license to 6 A.M. on Sundays and 1:30 A.M. on Mondays. These provisions are identical to provisions in HCS/SS/SCS/SB 600 (2020), SB 835 (2020), and HB 1699 (2020). DONATIONS AND DELIVERY OF CERTAIN ALCOHOLIC BEVERAGES (Section 311.332) This act modifies provisions relating to donations and delivery of certain alcoholic beverages for non-resale purposes to include distilled spirits. These provisions are identical to provisions in HCS/SS/SCS/SB 600 (2020) and HB 1632 (2020). DONATED FIRE PROTECTION EQUIPMENT (Section 320.091) This act provides that there shall be no cause of action against any company or organization that donates fire protection equipment as provided in the act. These provisions are identical to provisions in HCS/SS/SCS/SB 600 (2020) and HB 2097 (2020). DEFINITION OF SPECIAL VICTIM (Section 565.002) This act expands the definition of "special victim" to include sports officials at a sporting event while performing their duties as sports officials. These provisions are identical to provisions in HCS/SS/SCS/SB 600 (2020) and HB 1809 & 1570 (2020). OFFENSE OF VEHICLE HIJACKING (Sections 556.061 and 570.027) This act adds to the definition of "dangerous felony" the offense of vehicle hijacking when punished as a Class A felony. This act creates the offense of vehicle hijacking, which is committed when an individual knowingly 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. These provisions are identical to provisions in HCS/SS/SCS/SB 600 (2020) and SS/SCS/HB 1450 (2020). OFFENSE OF RESISTING ARREST (Section 575.150) A person commits the offense of resisting arrest by fleeing in a motor vehicle if he or she resists an arrest, stop, or detention by fleeing from law enforcement in a motor vehicle and, during the course of fleeing, drives at a speed in a manner that demonstrates a disregard for the safety of any person or property, including that of the pursuing officer or other occupants of the fleeing vehicle. Such offense shall be a Class E felony. For a second or subsequent offense, such violation shall be a Class D felony. A person commits the offense of aggravated resisting arrest by fleeing in a motor vehicle if serious bodily injury or death to another person occurs during the commission of the offense. Such offense shall be a Class D felony. For a second or subsequent offense, such violation shall be a Class C felony. Additionally, a prosecuting attorney shall not be required to prove that the defendant knew why he or she was being stopped arrested, or detained. These provisions are identical to provisions in HCS/SS/SCS/SB 600 (2020) and HB 1620 (2020). AFFIRMATIVE DEFENSES FOR LAW ENFORCEMENT OFFICERS (Section 575.180) Under this act, if a law enforcement officer acts under exigent circumstances in failing to execute an arrest warrant on a person who has committed certain misdemeanor offenses relating to the registration and licensing of motor vehicles or certain misdemeanor traffic offenses, it shall be an affirmative defense to the prosecution. These provisions are identical to provisions in HCS/SS/SCS/SB 600 (2020) and HB 1342 (2020). VICTIM IMPACT PROGRAM FOR DWI OFFENDERS (Section 577.011) Under this act, a person who has pled guilty to or been found guilty of driving while intoxicated shall complete a victim impact program approved by the court. These provisions are identical to provisions in HCS/SS/SCS/SB 600 (2020) and HCS/HB 1488 (2020). OFFENSE OF UNLAWFUL USE OF UNMANNED AIRCRAFT OVER AN OPEN AIR FACILITY (Section 577.800) A person commits the offense of unlawful use of unmanned aircraft over an open air facility if he or she: • Operates an unmanned aircraft within a vertical distance of 400 feet from the ground and within the property line of an open air facility; or • Uses an unmanned aircraft with the purpose of delivering to a person within an open air facility a gun, knife, weapon, or other dangerous article or a controlled substance. The act sets forth exceptions to when use of an unmanned aircraft over an open air facility shall not be prohibited. The offense of unlawful use of an unmanned aircraft over an open air facility is punishable as an infraction unless the person using the unmanned aircraft is: • Delivering a gun, knife, weapon, or other article that can be used to endanger the life of an employee or guest at such a facility, in which case the offense is a class B felony; or • Delivering a controlled substance, in which case the offense is a Class D felony. These provisions are identical to provisions in HCS/SS/SCS/SB 600 (2020), SS/SCS/HB 1450 (2020), and HB 1898 (2020) and substantially similar to SCS/SB 602 (2020). CONFISCATION OF ANIMALS (Sections 578.018 and 578.030) This act modifies provisions relating to the confiscation of neglected or abused animals. Under this act, an authorized public health official or law enforcement official must seek a warrant and serve such warrant in the presence of a law enforcement officer to enter private property in order to inspect for animals. Under this act, if the owner is acquitted, he or she shall is not liable for the animal's keeping prior to a disposition hearing. All animals confiscated pursuant to this act shall receive proper care and any facility shall be liable to the owner for damages for any negligent acts or abuse of such animal. Any facility which intentionally euthanizes or sterilizes such animal prior to a disposition hearing shall be guilty of a Class B misdemeanor and liable to the owner for damages. Any second or subsequent violation is a Class A misdemeanor. These provisions also apply to the confiscation of animals by the Missouri State Highway Patrol. These provisions are identical to provisions in HCS/SS/SCS/SB 600 (2020) and HB 2111 (2020). NEEDLE EXCHANGES (Sections 579.040 and 579.076) Under this act, any entity registered with the Department of Health and Senior Services that possesses, distributes, or delivers hypodermic needles or syringes for the purposes of operating a syringe exchange program or otherwise mitigating health risks associated with unsterile injection drug use shall be exempt from the offense of unlawful distribution, delivery or sale of drug paraphernalia and the offense of unlawful manufacturing with intent to deliver drug paraphernalia, if such entity is not located within 500 feet of a school building, unless such entity's premises were established prior to the school building. These provisions are identical to provisions in HCS/SS/SCS/SB 600 (2020), substantially similar to HB 1486 (2020), SB 668 (2020), and HCS/HB 168 (2019), and similar to SCS/HB 1620 (2019). DRUG TRAFFICKING (Sections 579.065 and 579.068) This act adds to the offense of trafficking drugs in the first degree knowingly distributing, delivering, manufacturing, or producing or attempting to distribute, deliver, manufacture, or produce more than 10 milligrams of fentanyl or any derivative thereof, or any mixture or substance containing more than 10 milligrams of fentanyl or carfentanil, as a Class B felony and a Class A felony when the amount is 20 milligrams or more. Additionally, trafficking in the first degree of one or more grams of flunitrazepam or any amount of gamma-hydroxybutyric acid for the first offense shall be a Class B felony and a Class A felony for any second or subsequent offense. This act adds to the offense of trafficking drugs in the second degree knowingly possessing or having under one's control, purchasing or attempting to purchase, or bringing into the state more than 10 milligrams of fentanyl or any derivative thereof, or any mixture or substance containing a detectable amount of fentanyl or carfentanil as a Class C felony and a Class B felony when the amount is 20 milligrams or more. Additionally, trafficking in the second degree of less than one gram of flunitrazepam shall be a Class C felony for the first offense and a Class B felony for any second or subsequent offense. Finally, this act modifies current law for the Class B felony offense of trafficking of drugs in the first degree and the Class C felony offense of trafficking drugs in the second degree by removing the ceiling of the ranges of grams or milligrams of various controlled substances, including heroin, cocaine, LSD, PCP, phencyclidine, marijuana, and amphetamines and methamphetamines. These provisions are substantially similar to provisions in the truly agreed to and finally passed SS/SCS/HCS#2/HB 1896 (2020), SS/HB 1693 (2020), HB 1450 (2020), and HCS/HB 239 (2019) and similar to SB 702 (2020), SB 6 (2019), SCS/SB 953 (2018), and HB 1254 (2018). REGISTRATION REQUIREMENTS OF SEX OFFENDERS (Sections 589.400 and 589.401) Under current law, certain sex offenders must register with the chief law enforcement officers of their county of residence unless their offenses are set aside, they are no longer required to register under the law, or the court orders their removal from the registry. This act repeals the provision that a sex offender must register unless they are no longer required to register under the law. These provisions are identical to provisions in HCS/SS/SCS/SB 600 (2020) and HB 1289 (2020). SEX OFFENDER REGISTRATION DEFINITIONS (Section 589.404) This act modifies the definitions of "adjudicated", "adjudication", and "sex offense" to include individual charges adjudicated as part of a multi-count offense. These provisions are identical to provisions in HCS/SS/SCS/SB 600 (2020) and HB 1289 (2020). REPORTING IN PERSON TO CHIEF LAW ENFORCEMENT OFFICIAL (Section 589.414) Under current law, tier I, II, and III sexual offenders must report at certain times to chief law enforcement officials to verify the information contained in their registration statement. Each tier contains certain offenses. This act removes from tier I the offenses of sexual abuse in the first degree if the victim is over 18, sexual misconduct involving a child under certain circumstances, and kidnaping in the second degree and third degree. This act adds to tier I any offender who has been adjudicated for sexual misconduct in the first degree or sexual abuse in the second degree if the offense was a misdemeanor charge. This act also adds to tier I the offense of sexual conduct with a nursing facility resident or vulnerable person in the first degree if the offense was a misdemeanor charge. Tier I offenders also include sexual misconduct in the second and third degree as it existed prior to August 28, 2013, child molestation in the second degree if charged as a misdemeanor, and sexual assault in the second degree as it existed prior to August 28, 1994, if no force or threat of force was used and no injury was inflicted on any person. This act removes from tier II the offense of sexual contact with a student if the victim is 13 to 17 years of age. This act adds to tier II the offense of sexual misconduct in the first degree as it existed prior to August 28, 2013, if the offense is a felony. This act adds to tier III the offense of sexual abuse as it existed prior to August 28, 2013, felonious restraint if it is sexual in nature as it existed prior to January 1, 2017, kidnaping in the second degree or third degree if it is sexual in nature, false imprisonment if it is sexual in nature as it existed prior to January 1, 2017, or sexual assault in the second degree as it existed prior to August 28, 1994 if it is a Class C felony. This act also modifies the offense of sexual conduct with a student if the victim is under thirteen and changes the age to 18 years or under. These provisions are identical to provisions in HCS/SS/SCS/SB 600 (2020) and HB 1289 (2020). COMMUNITY CRIME REDUCTION PROGRAM (Section 589.805) This act establishes a pilot program known as the "Community Crime Reduction Grant Program" which shall provide money to qualifying municipal police departments. The grants provided under this act shall be subject to appropriation by the General Assembly and shall be equally dispersed among qualifying municipal police departments. To qualify, a municipal police department must: • Employ less than two officers per one thousand people; and • Serve a city with a population of 75,000 inhabitants to 125,000 inhabitants that is located in a first class county. Grants received from the program shall be used as payment for the following: • Up to 50% of the cost of employing new law enforcement officers needed to raise the department's officer to population ratio to two officers per one thousand people; and • Up to 100% of the cost for law enforcement officers hired with grant money by the municipal police department to attend not less than one seminar relating to fair and impartial policing and one seminar relating to racial sensitivity at the University of Missouri Law Enforcement Training Institute. Municipal police departments receiving grants under the program shall submit an annual report with information as provided in the act to the Department of Public Safety on or before December 31 of each year in which the Department received the grant money. This act also creates the "Community Crime Reduction Program Fund" which shall consist of all gifts, bequests, transfers, and money appropriated by the General Assembly for the program. The state treasurer shall be the custodian of the Fund and may approve disbursements. Money from the Fund shall be used solely by the Department of Public Safety to issue grants to qualifying municipal police departments through the program. The Department of Public Safety shall administer the grants issued under the program and promulgate all rules and regulations for the administration of the program. The provisions in this act shall sunset after four years unless reauthorized by the General Assembly. These provisions are identical to provisions in HCS/SS/SCS/SB 600 (2020) and SB 572 (2020). RECORDS OF THE GENERAL ASSEMBLY (Section 610.021) This act modifies provisions to allow the General Assembly to keep confidential security procedures and structural plans, including evacuation and lockdown procedures, of real property of a public governmental body. This provision is identical to provisions in HCS/SS/SCS/SB 600 (2020) and HB 1366 (2020). OFFENSE OF UNLAWFUL USE OF UNMANNED AIRCRAFT OVER A MENTAL HEALTH HOSPITAL (Section 632.460) A person commits the offense of unlawful use of unmanned aircraft over a mental health hospital if he or she purposely; • Operates an unmanned aircraft within a vertical distance of 400 feet over the mental health hospital's property line; or • Uses an unmanned aircraft to deliver to a person confined in a mental health hospital a gun, knife, weapon, or other dangerous article or a controlled substance. The act sets forth exceptions to when use of an unmanned aircraft over a mental health hospital shall not be prohibited. The offense of unlawful use of an unmanned aircraft over a mental health hospital is punishable as an infraction unless the person using the unmanned aircraft is: • Delivering a gun, knife, weapon, or other article that can be used to endanger the life of a patient or mental health center employee, in which case the offense is a Class B felony; • Facilitating an escape from confinement, in which case the offense is a Class C felony; or • Delivering a controlled substance, in which case the offense is a Class D felony. These provisions are identical to provisions in HCS/SS/SCS/SB 600 (2020), SS/SCS/HB 1450 (2020), and HB 1898 (2020) and substantially similar to SCS/SB 602 (2020). HAZARDOUS WASTE WEBSITE MAP (Section 640.042) This act requires the Department of Natural Resources to create and make available on its website an interactive map of hazardous waste sites in the state within the next year. The map must link to certain information as provided in the act. Before January 1, 2021, each hazardous waste site must post an informational sign at each entrance to the site. The Department must develop language for the sign as specified in the act. This provision is identical to a provision in HCS/SS/SCS/SB 600 (2020). WATER SAFETY AND SECURITY (Sections 640.142, 640.144, and 640.145) This act provides that every public water system in Missouri that uses an Internet-connected control system must create a plan that establishes policies and procedures for identifying and mitigating cyber risk. All public water systems must also create a valve inspection and a hydrant inspection program as provided in the act and must submit a report upon the request of the Department of Natural Resources that certifies compliance with regulations regarding water quality sampling, testing, reporting, hydrant and valve inspections, and cyber security plans. These requirements do not apply to cities with a population of more than 30,000 inhabitants or St. Louis or Jackson County. These provisions are identical to provisions in HCS/SS/SCS/SB 600 (2020) and HB 2120 (2020). SARAH HASKINS
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