SB 53
Modifies provisions relating to the administration of justice
Sponsor:
LR Number:
0461S.12T
Last Action:
7/14/2021 - Signed by Governor
Journal Page:
Title:
CCS HCS SS SCS SBs 53 & 60
Calendar Position:
Effective Date:
Emergency clause for certain sections
House Handler:

Current Bill Summary

CCS/HCS/SS/SCS/SBs 53 & 60 - This act modifies provisions relating to public safety.

ATTORNEY GENERAL RESIDENCY REQUIREMENT (Section 27.010)

This act repeals the requirement that the Attorney General must reside in Jefferson City, Missouri.

These provisions are identical to provisions in SS/SCS/HCS/HB 59 (2021) and SS#2/SCS/HCS/HB 27 (2021) and substantially similar to SCS/SB 314 (2021) and HCS/HB 1787 (2020).

BASE SALARY SCHEDULES FOR COUNTY OFFICIALS (Section 50.327)

Under current law, the salary schedule for a county sheriff shall be set as a base schedule according to law and the salary commission may increase the compensation of a county sheriff up to $6,000 greater than the salary schedule. This act repeals the provisions relating to the salary schedule for county sheriffs.

Additionally, this act repeals the provision that the salary commission of any third class county may amend the base schedules of county officials to include certain assessed valuation factors.

This provision has a delayed effective date.

This provision is identical to a provision in HCS/SS/SB 212 (2021) and to SCS/SB 510 (2021).

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 provisions in HCS/SS/SB 212 (2021) and SS/SCS/HCS/HB 59 (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 identical to provisions in SS/SCS/HCS/HB 59 (2021) and substantially similar to SB 404 (2021).

COMPENSATION OF COUNTY SHERIFFS (Section 57.317)

This act provides that the county sheriff in any first and second class county shall receive an annual salary equal to 80% computed by a salary schedule as provided in the act.

Additionally, this act provides that the county sheriff in any third or fourth class county shall receive an annual salary computed by a salary schedule as provided in the act. The salary schedule shall be based off a percentage of the salary of associate circuit judges.

Finally, this act provides that the county sheriff in any county other than a charter county shall not receive an annual compensation less than the compensation provided under this act.

This provision has a delayed effective date.

These provisions are substantially similar to provisions in HCS/SS/SB 212 (2021) and to SCS/SB 510 (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 sixty miles from the nearest city limit.

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 HCS/SS/SB 212 (2021).

JUSTICE FOR SURVIVORS ACT (Sections 192.2520 & 197.135)

This act requires the statewide coordinator for the telehealth network for forensic examinations of victims of sexual offenses to regularly consult with Missouri-based stakeholders and clinicians regarding the training programs offered by the network, as well as the implementation and operation of the network. Current law permits the training to be offered online or in person and this act requires that the training be made available online and permits it to be offered in person. Providers shall not be required to utilize this training, so long as the training utilized by providers is, at a minimum, equivalent to the network's training.

Current law requires licensed hospitals to perform forensic examinations of victims of sexual offenses beginning January 1, 2023. Under this act, such requirement shall only occur beginning January 1, 2023, or no later than 6 months after the establishment of the telehealth network, whichever is later. Finally, no individual hospital shall be required to comply with these provisions unless and until the Department of Health and Senior Services provides such hospital with access to the network for mentoring and training services without charge.

Finally, victims of sexual offenses who are 14 to 17 years of age may be referred by hospitals to SAFE CARE providers for medical or forensic evaluation and case review.

This provision is identical to SCS/SB 550 (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).

JUVENILE DETENTION (Section 211.072)

This act provides that a juvenile, under the age of 18, who has been certified to stand trial as an adult, if currently placed in a secure juvenile detention, shall remain in juvenile detention, pending finalization of the judgment and completion of appeal, if any, of the judgment dismissing the juvenile petition to allow for prosecution under the general law, unless otherwise ordered by the juvenile court.

Upon any final judgment on appeal of the petition to dismiss prosecution of the juvenile under the general laws, and adult charges being filed, if the juvenile is currently in juvenile detention, the juvenile shall remain in detention unless the juvenile posts bond or the juvenile is transferred to an adult jail.

Additionally, this act provides that if the juvenile officer does not believe detention in a secure juvenile detention facility would be an appropriate placement or would continue to serve as an appropriate placement, the juvenile officer may file a motion in the adult criminal case, requesting that the juvenile be transferred from juvenile detention to jail. The court shall hear evidence relating to the appropriateness of the juvenile remaining in juvenile detention or being transferred to an adult jail. At the hearing, the juvenile, the juvenile's parents and counsel, the prosecuting attorney, and others as provided in the act, shall have the opportunity to present evidence and recommendations.

Following the hearing, the court shall order that the juvenile continue to be held in a secure juvenile detention facility or shall order that the pre-trial certified juvenile be held in an adult jail, but only after the court has made findings that it would be in the best interest of justice to move the pre-trial certified juvenile to an adult jail. The court shall weigh certain factors, as provided in the act, when deciding whether to detain a certified juvenile in an adult jail. In the event the court finds that it is in the best interest of justice to require the certified juvenile to be held in an adult jail, the court shall hold a hearing once every 30 days to determine whether the placement of the certified juvenile in an adult jail is still in the best interest of justice.

This act provides that a juvenile cannot be held in an adult jail for more than 180 days unless the court finds, for good cause, that an extension is necessary or the juvenile waives the 180-day maximum period.

Effective December 21, 2021, all previously certified, pre-trial juveniles, under the age of 18, who had been certified prior to August 28, 2021 shall be transferred from adult jail to a secure juvenile detention facility, unless a hearing is held and the court finds that it would be in the best interest of justice to keep the juvenile in the adult jail. All certified juveniles who are held in adult jails shall continue to be subject to the protections of the Prison Rape Elimination Act (PREA) and shall be physically separated from adult inmates.

If the certified juvenile remains in juvenile detention, the juvenile officer may file a motion to reconsider placement and a hearing shall be held as provided in the act. The court may amend its earlier order in light of the evidence and arguments presented at the hearing if the court finds that it would not be in the best interest of justice for the juvenile to remain in a juvenile detention facility.

The issue of setting or posting bond shall be held in the pre-trial certified juvenile's adult criminal case.

Finally, this act provides that upon attaining the age of 18 or upon conviction on the adult charges, the juvenile shall be transferred from juvenile detention to the appropriate adult facility. Any responsibility for transportation of the certified juvenile who remains in a secure juvenile detention facility shall be handled in the same manner as in all other adult criminal cases where the defendant is in custody.

These provisions are identical to provisions in SCS/SB 440 (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 may 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 contains an emergency clause.

This provision is identical to a provision in HB 1242 (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 HCS/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 FUNDS 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).

DEPARTMENT OF CORRECTIONS REIMBURSEMENTS TO COUNTIES (Section 221.105)

Under current law, the Department of Corrections shall issue a reimbursement to a county for the actual cost of incarceration of a prisoner not to exceed certain amounts as provided in the act. However, the amount shall not be less than the amount appropriated in the previous fiscal year.

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

This provision is identical to a provision in SS#2/SCS/HCS/HB 271 (2021).

COUNTY CORONER EMERGENCY VEHICLES (Sections 304.022 & 307.175)

This act allows coroners, medical examiners, and forensic investigators of the county medical examiner's office or a similar entity to display emergency lights on their vehicles or equipment when responding to a crime scene, motor vehicle accident, workplace accident, or any location where their services are requested by law enforcement, and accordingly modifies the definition of "emergency vehicle" for purposes of motorists' obligation to yield to emergency vehicles displaying emergency lighting.

This provision is identical to provisions in HCS/HB 307 (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 have a delayed effective date.

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

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.

OFFENSE OF STALKING (Section 455.010)

Under current law relating to the issuance of orders of protection, "stalking" is defined as a pattern of conduct composed of two or more acts over a period of time that serves no legitimate purpose and may include following the other person or unwanted communication or contact. This act modifies that definition to mean two or more acts that serve no legitimate purpose including, but not limited to, acts in which the stalker directly, indirectly, or through a third party follows, monitor, observes, surveils, threatens, or communicates to a person by any action, method, or device.

These provisions are identical to HCS/HB 292 (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 identical 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).

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).

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).

MOTION TO VACATE OR SET ASIDE THE VERDICT (Section 547.031)

This act provides that a prosecuting or circuit attorney may file a motion to vacate or set aside the judgment at any time if he or she has information that the convicted person may be innocent or may have been erroneously convicted. The circuit court in which the person was convicted shall have jurisdiction and authority to consider, hear, and decide the motion. Upon the filing of such a motion, the court shall order a hearing and issue findings of fact and conclusions of law on all issues presented. The Attorney General shall be given notice of hearing of much a motion and shall be permitted to appear, question witnesses, and make arguments in the hearing.

This act provides that the court shall grant the motion of the prosecuting or circuit attorney to vacate or set aside the judgment where the court finds that there is clear and convincing evidence of actual innocence or constitutional error at the original trial or plea that undermines the confidence in the judgment. In considering the motion, the court shall take into consideration the evidence presented at the original trial or plea; the evidence presented at any direct appeal or post-conviction proceedings; and the information and evidence presented at the hearing on the motion.

The prosecuting attorney, circuit attorney, or the defendant shall have the authority and right to file and maintain an appeal of the denial or disposal of such a motion. The Attorney General shall also have the right to intervene in any appeal filed by the prosecuting or circuit attorney or the defendant.

These provisions are identical to provisions in SCS/SB 440 (2021).

CREDIT FOR JAIL TIME AWAITING TRIAL (Section 558.031)

Under current law, a person receives credit toward a sentence of imprisonment for all time in prison, jail, or custody after the offense occurred and before the commencement of the sentence if the time in custody is related to the offense. This act modifies these provisions to require a person to receive credit toward a sentence of imprisonment for all time in prison, jail, or custody after conviction and before commencement of the sentence in the Department of Corrections and the circuit court may award credit for time spent in prison, jail, or custody after the offense occurred and before conviction toward the service of the sentence of imprisonment. This act will be applicable to offenses occurring on or afer August 28, 2021.

These provisions are identical to provisions in SB 343 (2021).

SPECIAL VICTIMS (Section 565.058)

Any special victim as defined by law shall not be required to reveal any current address or place of residence except to the court in camera for the purpose of determining jurisdiction and venue.

Additionally, any special victim may file a petition with the court alleging assault in any degree by using his or her identifying initials instead of his or her legal name if said petition alleges that he or she would be endangered by such disclosure.

These provisions are identical to provisions in HCS/SS/SB 26 (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, 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 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)

This act provides that 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 or other first responder as provided in the act. Such offense is a class A misdemeanor.

This provision is identical to a provision in HCS/SS/SB 26 (2021) and HB 876 (2021).

OFFENSE OF INTERFERENCE WITH A HEALTH CARE FACILITY (Section 574.203)

This act provides that a person, excluding any person who is developmentally disabled, commits the offense of interference with a health care facility if the person willfully or recklessly interferes with a health care facility or employee of a health care facility by: (1) Causing a peace disturbance while inside a health care facility; (2) Refusing an order to vacate a health care facility when requested to by an employee; or (3) Threatening to inflict injury on the patients or employees, or to inflict damage on the facility.

Such offense is a Class D misdemeanor for the first offense and a Class C misdemeanor for any second or subsequent offense.

These provisions are identical to provisions in HCS/SS/SB 26 (2021) and HCS/HB 1022 (2021).

OFFENSE OF FAILURE TO EXECUTE A WARRANT (Section 575.180)

This act adds to the offense of failure to execute a warrant that it shall be an affirmative defense that the law enforcement officer acted under exigent circumstances in failing to execute an arrest warrant on a person who has committed a misdemeanor offense for a traffic violation.

This provision is identical to HB 300 (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).

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.

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).

ARREST RECORDS ELIGIBLE FOR EXPUNGEMENT (Section 610.122)

Under current law, a record of arrest shall only be eligible for expungement if the person who was arrested has no prior or subsequent misdemeanor or felony convictions and no civil action is pending relating to the arrest sought to be expunged. This act repeals the provision that a person who was arrested has to have no prior convictions.

This provision is identical to HB 902 (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).

This act also changes the time a petition for expungement can be filed from seven years to three years, if the offense is a felony, from the date the petitioner completed any disposition of sentence imposed. This act changes the time a petition for expungement can be filed from three years to one year, if the offense is a misdemeanor, from the date the petitioner completed any disposition of sentence imposed.

Additionally, under current law, any rights that were restricted as a collateral consequence of a person's criminal record shall be restored upon issuance of the order of expungement. This act adds that if a person was convicted of a federal misdemeanor crime of domestic violence, an order of expungement granted under this act shall be considered a complete removal of all effects of the expunged conviction.

This provision is identical to SB 540 (2021).

MARY GRACE BRUNTRAGER