Missouri Senate

House Committee Substitute

OFFENSES AGAINST THE GENERAL ASSEMBLY (Sections 21.403, 21.405, 575.040, 575.050, 575.160, 575.270, 575.280, 575.330, & 576.030)

This act provides that if an individual who has been subpoenaed to testify or provide information at a proceeding before a body of the Missouri General Assembly has refused on the basis of self-incrimination, the President Pro Tempore of the Senate or Speaker of the House of Representatives may request the court to issue an order requiring such individual to testify. If the court finds that such request has been approved by three-fifths majority of the members of such body requesting the order, the court shall issue an order requiring such individual to testify.

If a person is subpoenaed as a witness by a body of the General Assembly and fails to appear or refuses to answer, a statement of facts constituting such failure or refusal may be reported to the President Pro Tempore or the Speaker, who may certify such statement of facts to the prosecuting attorney or other attorney having jurisdiction for prosecution. The Attorney General has concurrent original jurisdiction to commence such criminal action. The President Pro Tempore or the Speaker may request the appointment of independent counsel by the court, which shall appoint such counsel with 15 days of the request. The independent counsel shall have sole jurisdiction to prosecute.

The offense of perjury committed in any proceeding before a body of the General Assembly is a Class D felony. The offense of making a false affidavit when done in any proceeding before a body of the General Assembly is a Class A misdemeanor. The offense of interference with legal process, including an order of a body of the General Assembly, is a Class B misdemeanor. The offense of tampering with a witness subpoenaed in a proceeding before a body of the General Assembly is a Class E felony. The offense of acceding to corruption in a proceeding before a body of the General Assembly is a Class D felony.

A person commits the offense of contempt of a body of the General Assembly if he was subpoenaed as a witness by a body of the general assembly and willfully fails to appear, refuses to answer any pertinent questions, or fails to produced required documents. The offense of contempt of a body of the General Assembly after an order has been issued requiring the testimony is a Class E felony.

Finally, a person commits the offense of obstructing government operations if he or she purposely obstructs the performance of a governmental function by the use or threat of harm, intimidation, coercion, violence, or other force. This offense is a Class A misdemeanor, unless committed against a body of the general assembly, in which case it is a Class E felony.

These provisions are identical to HB 1069 (2021) and to provisions in HCS/SS/SB 91 (2021), HCS/SB 662 (2020), and HCS/SB 587 (2020) and similar to HB 1942 (2020) and HCS/HB 2374 (2020).

DEPARTMENT OF CORRECTIONS (Sections 56.380, 56.455, 105.950, 149.071, 149.076, 214.392, 217.010, 217.030, 217.250, 217.270, 217.362, 217.364, 217.455, 217.541, 217.650, 217.655, 217.690, 217.692, 217.695, 217.710, 217.735, 217.829, 217.845, 549.500, 557.051, 558.011, 558.026, 558.031, 558.046, 559.026, 559.105, 559.106, 559.115, 559.125, 559.600, 559.602, 559.607, 566.145, 571.030, 575.205, 575.206, 589.042, 650.055, & 650.058)

This act replaces the "Department of Corrections and Human Resources" with "Department of Corrections" and the "board of probation and parole" with the "Division of Probation and Parole" or the "Parole Board".

This act also adds that the chairperson of the board shall employ employees as is necessary to carry out duties, serve as the appointing authority over such employees, and provide for appropriate training to members and staff.

This act repeals the provision that the chairperson of the board shall also be the Director of the Division of Probation and Parole. These provisions are substantially similar to SB 862 (2020).

These provisions are identical to provisions in SS/SB 212 (2021).

COURT COSTS COLLECTED BY SHERIFFS (Section 57.280)

Under current law, sheriffs who serve any summons, writ, or other order of the court may collect fees in civil cases. These court fees are collected by the court clerk and held in certain state and local funds.

This act provides that a charge of up to $50 may be received by a sheriff for service of any summons, writ, or order for an eviction proceeding. All charges shall be collected by the sheriff prior to the service being rendered and paid to the county treasurer. The funds shall be held in a fund established by the county treasurer and may be expended at the discretion of the sheriff for the furtherance of the sheriff's set duties.

These provisions are substantially similar to SB 404 (2021).

POLICE COMMISSIONERS (Section 84.400)

This act provides that a member of the Kansas City Board of Police Commissioners or any member of such police force may be appointed to serve on any state or federal board, commission, or task force where no compensation for such service is paid, accept that such board member may accept a per diem or reimbursement for necessary expenses for attending meetings.

KANSAS CITY POLICE DEPARTMENT RESIDENCY REQUIREMENTS (Section 84.575)

This act provides that the Board of Police Commissioners in Kansas City shall not require, as a condition of employment, that any currently employed or prospective law enforcement officer or other employee reside within any jurisdictional limit. Any current residency requirement in effect on or before August 28, 2021, shall not apply and shall not be enforced.

Additionally, the Board of Police Commissioners may impose a residency rule, but the rule or requirement shall be no more restrictive than requiring such personnel to reside within thirty miles from the nearest city limit and within the boundaries of the state of Missouri.

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 HB 501 (2021) and to a provision in HCS/SS/SCS/SB 600 (2020) and HCS/HB 1896 (2020).

EXPOSING OTHERS TO SERIOUS INFECTIOUS OR COMMUNICABLE DISEASES (Sections 191.677,545.940, 575.155, & 575.157)

Under current law, it is illegal for a person knowingly infected with HIV to donate blood, organs, tissue, or sperm, unless for medical research, as well as illegal for such person to act recklessly in exposing another person to HIV without their knowledge and consent.

This act modifies those provisions to make it unlawful for a person knowingly infected with a serious infectious or communicable disease to: (1) donate blood, organs, tissue, or sperm, unless for medical research or as deemed medically appropriate by a licensed physician; (2) knowingly expose another person to the disease through an activity that creates a substantial risk of transmission; or (3) act in a reckless manner by exposing another person to the disease through an activity that creates a substantial risk of disease transmission. A "serious infectious or communicable disease" is defined as a non-airborne or non-respiratory disease spread from person to person that is fatal or causes disabling long-term consequences in the absence of lifelong treatment and management. The penalty for donation of blood, organs, tissue, or sperm while knowingly infected with the disease or knowingly exposing another person to the disease shall be a Class D felony, rather than the current Class B felony, and a Class C felony, rather than the current Class A felony, if the victim contracts the disease. The penalty for recklessly exposing another person is a Class A misdemeanor.

It shall be an affirmative defense to this offense if the person exposed to the disease knew that the infected person was infected with the disease at the time of the exposure and consented to the exposure.

This act specifies the actions to be taken during a judicial proceeding to protect the identifying information of the victim and the defendant from public release, except as otherwise specified. Additionally, this amendment changes similar provisions involving exposure of persons in correctional centers, jails, or certain mental health facilities to HIV or hepatitis B or C to exposure to a serious infectious or communicable disease when the nature of the exposure to the bodily fluid has been scientifically shown to be a means of transmission of the disease.

These provisions are identical to provisions in SCS/HB 530 & HCS/HB 292 (2021) and substantially similar to HCS/HB 755 (2021) and SCS/SB 65 (2021) and similar to HB 1691 (2020).

MEDICATION-ASSISTANT TREATMENT PROGRAMS (Section 191.1165)

This act also modifies the list of covered medications for MO Health Net medication-assistant treatment programs in to include formulations of buprenorphine other than tablets and formulations of naltrexone including extended-release injectable formulations. These provisions are identical to SCS/SB 521 (2021) and substantially similar to SB 814 (2020) and a provision in SB 507 (2019).

These provisions are identical to provisions in SS/SB 212 (2021).

RESIDENTIAL CARE FACILITIES (Sections 210.143, 210.493, 210.1250, 210.1253, 210.1256, 210.1259, 210.1262, 210.1263, 210.1264, 210.1265, 210.1268, 210.1271, 210.1274, 210.1280, 210.1283, & 210.1286)

Under this act, the Children's Division, law enforcement, or the prosecuting attorney may petition the court, as described in the act, for an order directing an exempt-from-licensure residential care facility that is subject to an investigation of child abuse or neglect to present the child or other children at the facility at a designated time and place for an assessment of the child's health, safety, and well-being. The petition and order may be made on an ex parte basis to protect the child and relevant evidence. The court shall expedite all proceedings under this act. Any person who knowingly violates these provisions shall be guilty of a Class A misdemeanor.

Under this act, officers, managers, contractors, volunteers with access to children, employees, and other support staff of licensed residential care facilities and licensed child placing agencies, as well as owners of such facilities and agencies with access to the facilities and the children, shall submit fingerprints and other information to the Missouri State Highway Patrol for state and federal fingerprint-based background checks. This act establishes similar requirements for employees, owners, volunteers, staff, and persons over 18 years of age residing at license-exempt residential care facilities. Individuals who have committed specified offenses shall be ineligible for employment or presence at the facilities.

This act establishes the "Residential Care Facility Notification Act", which sets forth certain regulations for residential care facilities, including exempt-from-licensure facilities. All residential facilities shall allow parents or guardians unencumbered access to their children in the facility without requiring prior notification to the facility. A facility shall provide for adequate food, clothing, shelter, medical care, and other care necessary for the child's physical, mental, or emotional health or development.

Facilities shall comply with all state and local fire, safety, health, and sanitation inspections.

Exempt-from-licensure facilities shall, upon request by the Department or a law enforcement officer, provide a full census and demographic information of children at the facility, including parental or other guardian contact information, and of adults working, residing, or having access to children at the facility.

The Department, the prosecuting attorney, or the Attorney General may seek injunctive relief to cease the operation of a facility and removal of the children for violations of this act, including an immediate health, safety, or welfare concern for the children at the facility. If the court refers the matter to a juvenile officer, the court may also enter an order placing a child in the emergency, temporary protective custody of the Children's Division for a period not to exceed 5 days until either the parent or legal guardian makes suitable arrangements for the child or the juvenile court assumes jurisdiction of the child for further proceedings.

Nothing in this act shall give any governmental agency jurisdiction or authority to regulate or attempt to regulate, control, or influence the form, manner, or content of the religious curriculum, program, or ministry of a school or facility sponsored by a church or religious organization.

A person shall be guilty of a Class B misdemeanor if such person knowingly fails to complete a criminal background check as required under this act.

These provisions have an emergency clause.

These provisions are identical to HCS/HBs 557 & 560 (2021).

JURISDICTION OF JUVENILE COURT (Sections 211.012, 211.438, & 211.439)

This act clarifies that, for purposes of the law and jurisdiction of the juvenile court, a person shall not be considered a child if at the time of the alleged violation such person was considered an adult according to the then existing law. This act repeals provisions relating to the age of certification of a child as an adult.

This provision contains an emergency clause.

This provision is identical to a provision in HB 1242 (2021).

DIVISION OF YOUTH SERVICES (Section 211.181)

No court shall require a child to remain in the custody of the Division of Youth Services for a period which exceeds the child's nineteenth birth date except upon a petition filed by the Division of Youth Services.

This provision contains an emergency clause.

This provision is identical to a provision in HB 1242 (2021).

JUVENILE WAIVER OF RIGHT TO COUNSEL (Section 211.211)

Under this act, when a petition has been filed in a juvenile court under certain provisions of law and a child has waived his or her right to counsel, such waiver shall be made in open court and be recorded and in writing. The waiver shall be made knowingly, intelligently, and voluntarily, which shall be determined by the totality of the circumstances, including the child's age, background, experience, emotional stability, and the complexity of the proceedings. Such waiver shall only apply to that proceeding and in any subsequent proceedings, the child shall be informed of his or her right to counsel.

A child's right to counsel shall not be waived in the following proceedings: (1) at a detention hearing, (2) at a certification or dismissal hearing, (3) at an adjudication hearing for any misdemeanor or felony offense, (4) at a dispositional hearing, or (5) at a hearing on a motion to modify or revoke supervision under certain provisions of law.

This provision is identical to provisions in HCS/HB 218 (2021) and to provisions in SB 305 (2021).

JUVENILE JUSTICE PRESERVATION FUND (Section 211.435)

This act also modifies provisions relating to the "Juvenile Justice Preservation Fund." This act moves such fund from the state treasury into each county's circuit court for the purpose of implementing and maintaining the expansion of juvenile court jurisdiction to 18 years of age. The funds shall consist of surcharges collected for traffic violations and other donations or appropriations.

Funds currently held by the state treasurer in the Juvenile Justice Preservation Fund shall be payable and revert to the circuit court's fund in the county of origination. Expenditures from the county circuit court fund shall be made at the discretion of the juvenile office for the circuit court and shall be used for the expansion of the juvenile court's jurisdiction. Funds shall not be expended for capital improvements or to replace or reduce the responsibilities of the county or state to provide funding for juvenile treatment services.

This provision is identical to a provision in HB 1242 (2021).

INMATE CO-PAYS (Section 217.243)

This act provides that, effective January 1, 2023, any inmate who receives an on-site, non-emergency medical examination or treatment from the correctional center's medical personnel shall be assessed a charge of 50 cents per visit for the medical examination or treatment.

Inmates shall not be charged a co-pay fee for the following:

• Staff-approved follow-up treatment for chronic illnesses;

• Preventive health care;

• Emergency services;

• Prenatal care;

• Diagnosis or treatment of chronic infectious diseases;

• Mental health care; or

• Substance abuse treatment.

This act provides that inmates without funds shall not be charged, provided they are considered to be indigent and unable to pay the health care services fee. Additionally, this act provides that the Department of Corrections shall deposit all funds collected into General Revenue.

These provisions are identical to a provision in HCS/SS/SB 212 (2021) and similar to SB 395 (2021).

INMATE CANTEEN FUND (Section 217.195)

Under current law, the chief administrative officer of a correctional center may operate a canteen or commissary for the use and benefit of the offenders with the approval of the Division Director. Each correctional center keeps revenues received from the canteen or commissary to purchase the goods sold and other operating expenses.

Under this act, the Director of the Department of Corrections must approve the creation and operation of any canteen or commissary. This act also creates the "Inmate Canteen Fund" in the state treasury which shall consist of funds received from the inmate canteens. Any proceeds generated from this fund shall be expended solely for the purpose of improving inmate recreational, religious, educational, and reentry services.

This act repeals the current "Inmate Canteen Fund", which receives the remaining funds from sales of the canteen or commissary.

These provisions are identical to SB 128 (2021), SB 864 (2020), and SB 434 (2019) and similar to HCS/HB 303 (2019).

INMATE FEMININE HYGIENE PRODUCTS (Section 217.199 & 221.065)

This act provides that Director of Corrections and any sheriff or jailer who holds a person in custody shall ensure that an appropriate quantity of feminine hygiene products are available at no cost to female offenders while confined in any correctional center or jail. The General Assembly may appropriate funds to assist with the funding of this requirement. This provision contains an emergency clause. This provision identical to HB 318 (2021).

These provisions contain an emergency clause.

These provisions are identical to provisions in SS/SB 212 (2021).

ALTERNATIVE SENTENCING (Sections 217.777 & 559.120)

This act provides that the Department of Corrections shall administer a community corrections program to encourage the establishment of local sentencing alternatives for offenders to promote opportunities for nonviolent primary caregivers to care for their dependent children.

These provisions are identical to HB 531 (2021).

FEDERAL STIMULUS FUNDING TO INMATES (Section 217.845)

This act provides that offenders who receive funding from the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act shall use such funds to make restitution payments ordered by a court resulting from a conviction of a violation of any local, state, or federal law. These provisions are identical to provisions in SCS/SB 374 (2021).

These provisions are identical to provisions in SS/SB 212 (2021).

DEPARTMENT OF CORRECTIONS REIMBURSEMENTS (Section 221.105)

This act repeals the provision that the amount reimbursed to counties shall not be less than the amount appropriated in the previous fiscal year.

These provisions are identical to provisions in SS/SB 212 (2021).

WHISTLEBLOWER'S PROTECTION ACT (Section 285.575)

Under current law, an employee who has reported to the proper authorities an unlawful act or serious misconduct of his or her employer or who refuses to carry out a directive issued by his or her employer that would violate the law, shall not be discharged by his or her employer.

This act adds law enforcement agencies to the definition of employers. Additionally, this act repeals provisions that an employee is not protected under this law if:

• He or she is a supervisory, managerial, or executive employee of the employer and the unlawful act or serious misconduct reported concerns matters the employee is employed to report or provide professional opinion; or

• The proper authority to whom the employee makes his or her report is the person whom the employee claims to have committed the unlawful act or misconduct.

This act also repeals the provision that if a private right of action for damages exists under another section of law, such protected person shall have no private right of action under this act.

These provisions are identical to provisions in HCS/HB 553 (2021).

HEAD START BUSES (Section 304.050)

This act provides that Head Start buses that are certified by the Highway Patrol as meeting certain inspection requirements, operated by the holder of a validly-endorsed commercial driver's license who meets certain medical requirements, and transporting students to and from Head Start shall be included in the statute regarding traffic control for school bus loading, stopping, and passing purposes.

These provisions are identical to HB 257 (2021) and HCS/SS/SB 89 (2021).

STATE TREASURER (Section 447.541)

The act modifies the notice requirements required to be made by the State Treasurer for purposes of disposing of unclaimed property. Specifically, current law requires the Treasurer to give notice of property that is presumed to be abandoned as follows:

· Notice must be published in a newspaper of general circulation once a week for two successive weeks within 240 days of receiving notice of property that is presumed to be abandoned; and

· Notice must be mailed to each person having an address listed who appears to be entitled to presumed abandoned property valued at $50 or more.

The act allows the State Treasurer to use any other method, in addition to the above methods, deemed appropriate and consistent with the intent to notify the owners of the property.

This provision is identical to SB 408 (2021), a provision in SB 433 (2021), and HB 730 (2013).

CHILD CUSTODY ORDERS (Section 452.410)

This act modifies current law relating to the modification of a prior child custody decree by changing and adding intersectional references to current statutory provisions relating to child custody, visitation, and grandparent visitation.

These provisions are identical to provisions in HCS/SS/SCS/SB 71 and HCS/SCS/SB 91 (2021).

ORDERS OF PROTECTION (Sections 455.010, 455.032, 455.040, 455.045, 455.050, 455.513, 455.520, & 455.523)

Under this act, adult protection orders and child protection orders, full or ex parte, may be granted to restrain or enjoin an individual from committing or threatening to commit abuse against a pet. A protection order may include an order of possession of the pet where appropriate, as well as any funds needed to cover the medical costs resulting from abuse of the pet. "Pet" is defined in this act as a living creature maintained by a household member for companionship and not for commercial purposes.

These provisions are substantially similar to provisions in SS/SCS/SB 71 (2021) and SCS/HCS/HB 744 (2021), HB 2626 (2020), and SB 959 (2020).

Under current law, a court may issue a full adult order of protection, after a hearing, for at least 180 days and not exceeding one year. Under this act, if the court finds, after an evidentiary hearing, that the respondent poses a serious danger to the physical or mental health of the petitioner or a minor household member, the protective order shall be valid for at least two years and not more than ten years. The full order may be renewed annually for a period of at least 180 days and not more than one year from the expiration date of the previously issued order; except, in cases where the court finds the respondent poses a serious danger to the petitioner or a minor household member, then the order may be renewed periodically and shall be valid for at least two years and up to the life of the respondent. The court may include a provision that any full order of protection shall be automatically renewed for any term of renewal as set forth in this act.

If a court finds that the respondent poses a serious risk to the petitioner or a minor household member, the court shall not modify the order until a period of at least two years from the date of the original full order of protection was issued and only after a hearing and making written findings that the respondent has shown proof of treatment and rehabilitation and no longer poses a serious danger.

Under current law, the clerk issues a copy of any order of protection to the local law enforcement agency responsible for maintaining the Missouri Uniform Law Enforcement System (MULES) the same day the order is granted and the local law enforcement agency enters the information contained in the order into MULES. Under this act, the court shall provide all the necessary information regarding the order of protection for entry into MULES and the National Crime Information Center (NCIC). The sheriff shall enter the information into MULES within twenty-fours hours and MULES shall forward that information to NCIC, thus making the order viewable in the National Instant Criminal Background Check System (NICS).

These provisions are identical to provisions of SS/SCS/SB 71 (2021), SCS/SB 415 (2021), and SCS/HCS/HB 744 (2021).

GUARDIANSHIP OF A PERSON (Section 475.120)

This act provides that a guardian shall make decisions regarding the adult ward's support, care, education, health, and welfare. A guardian shall exercise authority only as necessitated by the adult ward's limitations and shall encourage the adult ward to participate in decisions.

These provisions are identical to provisions in HCS/SS#2/SCS/SB 27 (2021).

FEES FOR POLICE REPORTS (Section 479.162)

This act provides that in a proceeding for a municipal ordinance violation or any other proceeding in municipal court if the charge carries the possibility of 15 days or more in jail, a defendant shall no be charged any fee for obtaining a police report or probably cause statement. Such police report or probable cause statement shall be provided by the prosecutor upon written request by the defendant during discovery.

These provisions are identical to provisions in HB 177 (2021) and HCS/SS/SB 91 (2021).

COMPENSATION OF COURT REPORTERS (Section 485.060)

This act provides that the annual salary of each court reporter for a circuit judge shall be adjusted by a percentage based on each court reporter's cumulative years of service with the circuit courts.

This provision is identical to a provision in SS#2/SCS/HCS/HB 271 (2021), HB 1242 (2021), and HCS/SS/SB 91 (2021) and similar to HB 707 (2021), a provision in HCS/SS/SCS/SB 594 (2020), in HCS/SCS/SB 662 (2020), in HCS/SCS/SB 725 (2020), in HCS/HB 1819 (2020), SB 908 (2020), and HB 2191 (2020).

VETERANS TREATMENT COURT (Section 488.016)

This act provides that costs for a veterans treatment court shall be fully waived for any person who is an honorably discharged veteran of any branch of the Armed Forces and who successfully completes such veterans treatment court.

This provision is identical to a provision in HCS/SS/SB 91 (2021).

CRIME LABORATORY SURCHARGES (Section 488.029)

This act provides that there shall be assessed and collected a surcharge of $150 in all criminal cases for any controlled substance offense in which a crime laboratory makes an analysis of a controlled substance, but no such surcharge shall be assessed when the costs are waived or are to be paid by the state or if the proceeding as been dismissed by a court.

This provision is identical to a provision in SCS/HCS/HB 530 (2021).

FORFEITURE BY WRONGDOING (Section 491.016)

This act provides that a statement made by a witness, which would otherwise not be admissible, is admissible as substantive evidence in a criminal proceeding when the court finds by a preponderance of evidence that:

• The defendant engaged in or acquiesced to wrongdoing with the purpose of causing the unavailability of the witness;

• The wrongdoing in which the defendant engaged in or acquiesced to has caused or substantially contributed to the unavailability of the witness;

• The state exercised due diligence to secure by subpoena or other means the attendance of the witness, or the witness is unavailable because the defendant caused the death of the witness; and

• The witness fails to appear at the proceeding.

Additionally, this act provides that in a jury trial, the hearing and finding to determine the admissibility of the statement shall be held and found outside the presence of the jury and before the case is submitted to the jury.

This provision is identical to HB 548 (2021) and to a provision in HCS/SS/SB 91 (2021) and substantially similar to SB 402 (2021), HB 2 (First Extraordinary Session 2020) and similar to SB 4 (First Extraordinary Session 2020) and HCS/HB 1964 (2020).

UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT (Section 510.500 to 510.521)

Under this act, a party shall submit a subpoena issued by a court of another state to the clerk of the court in the county in which discovery is sought to be conducted in Missouri. A request for the issuance of a subpoena under this act shall not constitute an appearance in the courts of this state. If a party submits such subpoena from a court of another state, the clerk shall promptly issue a subpoena for service upon the person to which the out of state subpoena is directed. A subpoena issued under this act shall include information as provided in this act and shall be served in compliance with the Missouri Supreme Court Rules and the laws of Missouri. This act shall apply to requests for discovery in cases pending on August 28, 2021.

These provisions are identical to HB 347 (2021).

CONFIDENTIALITY OF CRIME STOPPERS ORGANIZATIONS (Section 546.265)

This act provides that no person shall be required to disclose, by way of testimony or otherwise, a privileged communication between a person who submits a report of alleged criminal activity to a crime stoppers organization and the person who accepts the report on behalf of a crime stoppers organization. Additionally, no such person shall be required to produce, under subpoena, any records, documentary evidence, opinions, or decisions relating to such privileged communication in connection with any criminal proceeding or discovery procedure.

This act also provides that any person arrested or charged with a criminal offense may petition the court for an in-camera inspection of the records of a privileged communication concerning the report such person made to the crime stoppers organization. If the court determines the person is entitled to all or part of such records, the court may order production and disclosure as the court deems appropriate.

These provisions are identical to SB 312 (2021) and substantially similar to HB 1552 (2020).

JURY INSTRUCTIONS (Section 556.046)

This act provides that the court shall give jury instructions to an offense included with the charged offense only if:

• The offense is established by evidence of the same or less than all the elements required to establish the commission of the charged offense;

• There is a rational basis in the evidence for a verdict acquitting the person of the offense charged and convicting him or her of the included offense; and

• Either party requests the court to charge the jury with respect to a specific included offense.

It shall be the trial court's duty to determine if a rational basis in the evidence for a verdict exists. Finally, an offense is charged for purposes of this act if:

• It is an indictment or information; or

• It is an offense submitted to the jury because there is a rational basis in the evidence for a verdict acquitting the person of the offense charged and convicting the person of the included offense.

This provision is identical to a provision in SCS/HCS/HB 530 (2021).

IMPRISONMENT FOR LIFE WITHOUT PAROLE (Section 558.047)

Under current law, a person sentenced to imprisonment for life without eligibility for parole who was under the age of 18 before August 28, 2016, may submit to the parole board a petition for review after serving 25 years of his or her sentence. Any person found guilty of first degree murder and sentenced to imprisonment for life without eligibility for parole who was under the age of 18 after August 28, 2016, may submit to the parole board a petition for review after serving 25 years of his or her sentence.

This act repeals those provisions and provides that any person sentenced to a term of imprisonment for life with or without eligibility for parole, a term of imprisonment amounting to 15 years or more, or multiple terms of imprisonment that, taken together, amount to 15 or more years, who was under the age of 18 at the time of the commission of the offense may submit to the parole board a petition for review of his or her sentence, after serving 15 years of incarceration and shall be eligible for reconsideration hearings every 3 years until a presumptive release date has been established by the parole board.

This act is identical to HB 636 (2021) and SB 552 (2021).

OFFENSE OF UNLAWFUL POSTING OF CERTAIN INFORMATION ONLINE (Section 565.240)

Under current law, a person commits the offense of unlawful posting of certain information over the internet if he or she knowingly posts the name, home address, Social Security number, or telephone number of any person on the internet intending to cause great bodily harm or death, or threatening to cause great bodily harm or death to such person. Such offense is a Class C misdemeanor.

This act modifies the current offense by adding "any other personally identifiable information" and further provides that if a person knowingly posts the name, home address, Social Security number, telephone number, or any other personally identifiable information of any law enforcement officer, corrections officer, parole officer, judge, commissioner, or prosecuting attorney, or the information of an immediate family member of such officers, he or she shall be guilty of a Class E felony.

These provisions are identical to provisions in HCS/SS/SCS/SB 53 & 60 (2021) and to SCS/SB 129 (2021).

SEXUAL MISCONDUCT OF POLICE OFFICERS (Section 566.145)

This act provides that a law enforcement officer who engages in sexual conduct with a detainee or prisoner who is in the custody of such officer shall be guilty of a class E felony.

This provision is identical to HB 2708 (2020).

OFFENSE OF USING A LASER POINTER (Section 574.110)

A person commits the offense of using a laser pointer if such person knowingly directs a light from a laser pointer at a uniformed safety officer, as defined in the act. Such offense is a class A misdemeanor.

This provision is identical to a provision in HB 876 (2021).

PEACE OFFICER LICENSURE (Sections 590.030)

Under current law, all licensed peace officers, as a condition of licensure, must obtain continuing law enforcement education and maintain a current address of record on file with the POST Commission.

This act provides that in addition to those requirements for licensure, peace officers must submit to being fingerprinted on or before January 1, 2022, and every six years thereafter and also submit to fingerprinting for the purposes of a criminal history background check and enrollment in the state and federal Rap Back Program.

Additionally, any time a peace officer is commissioned with a different law enforcement agency he or she must submit to being fingerprinted. The criminal history background check shall include the records of the Federal Bureau of Investigation. The resulting report shall be forwarded to the peace officer's law enforcement agency. The Rap Back enrollment shall be for the purposes of peace officer disciplinary reports as required by law. Law enforcement officers and law enforcement agencies shall take all necessary steps to maintain officer enrollment in Rap Back for as long as an officer is commissioned with that agency. All law enforcement agencies shall enroll in the state and federal Rap Back programs on or before January 1, 2022.

These provisions are identical to provisions in SCS/SB 289 (2021) and similar to HB 839 (2021).

COMMISSIONING REQUIREMENTS OF PEACE OFFICERS (Sections 590.070 and 590.075)

Under current law, the chief executive officer of each law enforcement agency must notify the Director of the POST Commission the circumstances surrounding a law enforcement officer's departure from the law enforcement agency within 30 days of the departure.

This act provides that the chief executive officer of each law enforcement agency shall, prior to commissioning any peace officer, request a certified copy from the Director of all notifications received regarding such peace officer. All notifications provided to the chief executive officer from the Director shall be received within 3 days of the request.

Finally, this act provides that the chief executive officer of each law enforcement agency has absolute immunity from suit for complying with such notification requirements to the Director, unless the chief executive officer presented false information to the Director with the intention of causing reputational harm to the peace officer. If the Director receives any additional notifications regarding the candidate for commissioning within 60 days of a chief executive officer's request, a copy of such notifications shall be forwarded by the director to the requesting chief executive officer within 3 business days following receipt.

CRITICAL INCIDENT STRESS MANAGEMENT PROGRAM (Section 590.192)

This act establishes the "Critical Incident Stress Management Program" within the Department of Public Safety. The program shall provide services for peace officers to assist in coping with stress and potential psychological trauma resulting from a response to a critical incident or emotionally difficult event. A "critical incident" is any event outside the usual realm of human experience that is markedly distressing or evokes reactions of intense fear, helplessness, or horror and involves the perceived threat to a person's physical integrity or the physical integrity of someone else.

This act provides that all peace officers shall be required to meet with a program service provider once every three to five years for a mental health check-in. The program service provider shall send a notification to the peace officer's commanding officer that he or she completed such check-in. Any information disclosed by a peace officer shall be privileged and shall not be used as evidence in criminal, administrative, or civil proceedings against the peace officer, except as in certain instances as provided in the act.

Additionally, this act creates the "988 Public Safety Fund" within the state treasury and shall be used by the Department of Public Safety for the purposes of providing services for peace officers to assist in coping with stress and potential psychological trauma resulting from a response to a critical incident or emotionally difficult event. Such services may include consultation, risk assessment, education, intervention, and other crisis intervention services.

These provisions are substantially similar to SCS/SB 551 (2021) and to provisions in SS#2/SB 26 (2021) and similar to SB 18 (First Extraordinary Session 2020).

LAW ENFORCEMENT OFFICER DISCIPLINARY ACTIONS (Section 590.500)

Under current law, certain law enforcement officers are entitled to a meeting within 48 hours of a dismissal or disciplinary demotion. The meeting shall be held before a designated person or board. This act repeals such provisions.

This act establishes the "Law Enforcement Officers' Bill of Rights." This act provides that when a law enforcement officer who reasonably believes he or she is under investigation which could lead to disciplinary action, demotion, dismissal, transfer, or placement that could lead to economic loss, the investigation shall include the following conditions:

• The law enforcement officer shall be informed in writing of the existence and nature of the alleged violation and who will be conducting the investigation;

• Any complaint filed shall be supported by a written statement outlining the complaint;

• Any investigation shall be conducted for a reasonable length of time and only while the officer is on duty unless exigent circumstances prevent such questioning while on duty;

• Prior to an interview session the law enforcement officer shall be informed that he or she is being ordered to answer questions under threat of disciplinary action and that the officer's answers to the questions will not be used against the officer in a criminal proceeding.

• Any investigation shall be conducted at a secure location at the agency that is conducting the investigation or the office of the officer unless the officer consents to another location;

• The law enforcement officer may be questioned by up to two investigators and shall be informed of the name and rank of each questioning investigator;

• Law enforcement officers shall not be threatened, harassed, or promised rewards for answering questions, except that a law enforcement officer may be compelled to give protected statements to an investigator under direct control of the agency;

• Law enforcement officers are entitled to have an attorney or duly authorized representative present during questioning and prior to the questioning the officer and his or her representative shall have the opportunity to review the complaint;

• A complete record of the investigation shall be kept by the agency and a copy shall be provided to the officer upon request;

• The agency conducting the investigation shall have 90 days to complete such investigation and may extend the investigation under certain circumstances;

• The officer shall be informed in writing within 5 days of the conclusion of the investigative findings and any recommendations for further action;

• Law enforcement officers shall have the right to compensation for any economic loss incurred during an investigation if the alleged misconduct is not sustained by the agency conducting the investigation; and

• A complete record of the administrative investigation shall be kept by the law enforcement agency and all records shall be confidential and not subject to disclosure under Sunshine Law, except by lawful subpoena or court order.

Any law enforcement officer suspended without pay shall be entitled to a full due process hearing as provided in the act. Any decision following the hearing shall be in writing and shall include findings of fact.

This act provides that law enforcement officers shall have the opportunity to provide a written responses to any adverse materials in their personnel file.

Employers shall defend and indemnify law enforcement officers against civil claims made against an officer while the officer was acting within his or her duties as a law enforcement officer. If any criminal convictions arise out of the same conduct, the employer is no longer obligated to defend the officer in the civil claim. Law enforcement officers shall not be disciplined or dismissed as a result of the assertion of their constitutional rights in any judicial proceeding, unless the officer admits to wrong-doing.

Finally, this act provides that a law enforcement officer may bring an action for enforcement of these provisions in the circuit court for the county in which the law enforcement agency or governmental body has its principal place of business. Upon a finding by a preponderance of the evidence that a law enforcement agency or governmental body has purposely violated this act, the court shall void any action taken in violation of this section. Suit for enforcement shall be brought within one year from which the violation is ascertainable.

These provisions are similar to SB 1053 (2020) and HB 1889 (2020).

RESPIRATORY CHOKE-HOLDS (Section 590.805)

This act provides that a law enforcement officer shall not knowingly use a respiratory choke-hold unless such use is in defense of the officer or another from serious physical injury or death.

A respiratory choke-hold includes the use of any body part or object to attempt to control or disable by applying pressure to a person's neck with the purpose of controlling or restricting such person's breathing.

CLOSED RECORDS (Section 590.1210)

This act provides that no law enforcement agency shall adopt any policy that requires the closure or redaction of certain information from public record, unless the record is required to be closed or redacted under the law.

This provision is identical to HB 1272 (2021).

POLICE USE OF FORCE DATABASE (Section 590.1265)

This act establishes the "Police Use of Force Transparency Act of 2021."

Starting March 1, 2022, each law enforcement agency shall, at least annually, collect and report local data on use-of-force incidents involving peace officers to the National Use of Force Data Collection through the Law Enforcement Enterprise Portal administered by the Federal Bureau of Investigation (FBI). Use-of-force incidents shall include fatalities and serious physical injuries that are connected to the use of force by an officer.

Additionally, each law enforcement agency shall submit such information to the Department of Public Safety. The personally identifying information of individual peace officers shall not be included in the reports. The Department of Public Safety shall, no later than October 31, 2021, develop standards and procedures governing the collection and reporting of use-of-force data. The standards shall be consistent with the requirements, definitions, and methods of the National Use of Force Data Collection administered by the FBI.

The Department of Public Safety shall publish the data reported by law enforcement agencies in a publicly available report at least annually starting March 1, 2023. Finally, the Department of Public Safety shall undertake an analysis of any trends and disparities in rates of use of force by all law enforcement agencies, with a report to be released to the public no later than June 30, 2025. The report shall be updated at least every five years.

These provisions are substantially similar to provisions in SCS/SB 74 (2020) and similar to HB 998 (2021) and HB 59 (2021).

CONFIDENTIAL RECORDS (Section 610.120)

Under current law, closed records shall be available to certain people and organizations, including law enforcement agencies for the issuance of permits to people seeking such permits to purchase or possess a firearm.

This act repeals the provision that law enforcement agencies for the issuance of permits to people seeking such permits to purchase or possess a firearm shall have access to closed records.

This provision is identical to a provision in HCS/HB 251 (2021).

EXPUNGEMENT OF RECORDS (Section 610.140)

Under current law, a person who has been convicted of the offense of unlawful use of weapons, except for a person who was found guilty prior to January 1, 2017, of carrying a concealed weapon in a place where firearms are restricted, shall not be eligible for expungement.

This act adds that a person who was convicted of the offense of unlawful use of weapons when he or she exhibits in the presence of one or more person any weapon readily capable of lethal use in an angry or threatening manner shall be eligible for expungement.

This provision is identical to a provision in HCS/HB 251 (2021).

MARY GRACE BRUNTRAGER