HB 2088 Modifies provisions relating to public safety

     Handler: Luetkemeyer

Current Bill Summary

- Prepared by Senate Research -


SCS/HB 2088, HB 1705, & HCS/HB 1699 - This act creates and modifies provisions relating to public safety.

VIOLENT OFFENDER REGISTRY (Sections 43.650 & 589.437)

This act establishes that the Missouri Highway Patrol shall maintain a registered violent offender database on its web page available to the public. The database shall be kept in the same manner as the registered sexual offender database.

This act provides the following persons shall be known as violent offenders:

• Any person who is on probation or parole for murder in the first or second degree or the equivalent of such offenses if committed outside this state; and

• Any person who was found not guilty by reason of mental disease or defect for first or second degree murder.

The Division of Probation and Parole or the Department of Mental Health shall notify the Missouri State Highway Patrol if a violent offender is placed on probation or parole, is removed from probation or parole, or relocates to this state and would be considered a violent offender under this act.

This act is identical HB 1637 (2022), HB 1705 (2022), and HB 293 (2021).

TELECOMMUNICATOR FIRST RESPONDERS (Sections 67.145,70.631, 170.310, 190.091, 650.320, & 650.340)

This act adds "telecommunicator first responder" to the definition of "first responder". This act also adds that political subdivisions may elect to cover telecommunicator first responders as public safety personnel.

These provisions are identical to provisions in HB 1637 (2022), HB 1676 (2022) and HCS/HB 2381 (2022).

HEALTH CARE AND ELDER ABUSE (Sections 191.900, 191.905, 565.184, & 630.155)

This act modifies current law on abuse and neglect of certain vulnerable persons. This act contains provisions that prohibit a person from knowingly neglecting a person receiving health care, which shall be a Class D felony, unless the act involves no physical, sexual, or emotional harm or injury, in which case it shall be a Class A misdemeanor.

This act also modifies the penalty of the existing offense of abuse of an elderly person, a person with a disability, or a vulnerable person from a Class A misdemeanor to a Class D felony.

Finally, this act modifies the existing offense of patient, resident, or client abuse or neglect against a person admitted on a voluntary or involuntary basis to a mental health facility or mental health program from a Class E felony to a Class D felony.

These provisions are identical to provisions in SS/SCS/SB 671 (2022) and substantially similar to provisions in HB 1637 (2022) and HB 2221 (2022).

INTERSTATE COMPACT FOR THE SUPERVISION OF PAROLEES (Sections 217.035 to 217.810)

This act repeals the provisions of the "Interstate Compact for the Supervision of Parolees and Probation" which permits the Governor to enter into an interstate compact with contracting states to allow people convicted of an offense and placed on probation or released on parole to reside in any other state party to the compact.

This act is identical to SB 1023 (2022) and substantially similar to SB 371 (2021) and similar to SB 1018 (2020).

EARNED COMPLIANCE CREDITS (Sections 217.703 & 559.036)

Under current law, certain offenders may receive earned compliance credits to reduce their term of probation, parole, or conditional release. This act repeals those provisions and provides that the Division of Probation and Parole shall file a notification of earned discharge from probation with the court for any defendant who has completed at least 24 months of the probation term and is compliant with the terms of supervision as ordered by the court and Division. The Division shall not file a notification of earned discharge for any defendant who has not paid restitution in full, currently completing a term of probation for any Class A or B felony, or subject to lifetime supervision under the law.

A prosecuting or circuit attorney may request a hearing within 30 days of the filing of a notification of earned discharge. If the state opposes the discharge, the prosecuting or circuit attorney shall argue the earned discharge is not appropriate and the defendant should continue to serve the probation term. Such hearing shall be held no later than 60 days after the filing of the notification.

If the court finds by a preponderance of the evidence that the earned discharge is not appropriate, the court shall order the probation term to be continued, may modify the conditions of the probation, and may order continued supervision by the Division or the court. If the court finds that the earned discharge is appropriate, the court shall order the defendant discharged from probation.

If the prosecuting or circuit attorney does not request a hearing, the court shall order the defendant discharged from probation within 60 days of the filing of the notification of earned discharge, but no earlier than 30 days from the filing of notification of earned discharge.

This act is identical to SB 1130 (2022) and similar to SB 960 (2020).

CONDITIONAL RELEASE (Sections 217.541, 217.705, 217.718, 217.730, 558.011, 558.026, 558.046, 570.030, & 571.015)

Under current law, a sentence of imprisonment for felonies other than dangerous felonies or a sentence of imprisonment for a person's fourth or subsequent remand to the Department of Corrections, shall consist of a prison term and a conditional release term.

This act provides that for offenses occurring on or after August 28, 2022, a sentence of imprisonment shall consist only of a prison term without eligibility for conditional release.

These provisions are identical to SB 964 (2022).

ELIGIBILITY FOR PAROLE (Section 217.690)

Under current law, a person sentenced to a term or terms of imprisonment amounting to 15 years or more when such person was under the age of 18, is eligible for parole after serving 15 years, unless such person was found guilty of murder in the first degree.

This act adds that such a person will also be ineligible for parole if he or she was found guilty of murder in the second degree.

These provisions are identical to provisions in SS/SCS/SB 850 (2022), SCS/HB 2697, et al (2022), and SB 664 (2022).

CORRECTIONAL CENTER NURSER PROGRAM (Sections 217.940 to 217.947)

This act establishes the "Correctional Center Nursery Program" which requires the Department of Corrections to establish a correctional center nursery in one or more of the correctional centers for women operated by the Department by July 1, 2025. The program allows eligible inmates and children born to them while in the custody of the Department to reside together in the institution for up to eighteen months post-delivery. Nothing in this act shall affect, modify, or interfere with the inmate's custodial rights to the child nor establish legal custody of the child with the Department.

An inmate is eligible for the program if:

• She delivers the child while in custody of the Department;

• She gives birth on or after the program is implemented;

• She has a presumptive release date of 18 months or less from the date she applies to participate in the program;

• She has no dangerous felony, sexual offense, or offenses against the family convictions; and

• She meets any other criteria established by the Department.

To participate in the program, the inmate must agree to abide by certain requirements set forth in the act. Any inmate's participation in the program can be terminated by the Department for reasons set forth in the act.

The Division of Child Support Enforcement shall collect support payments made under the assignment and such payments shall be deposited in the inmate's banking account. The Department may accept donations on behalf of the program, but no donations shall be made on behalf of one particular inmate or child. Any financial donations for a specific inmate shall be made through the inmate banking system.

This act also established the "Correctional Center Nursery Program Fund" which shall be used to maintain the program.

This act provides that neither the Department of Corrections, nor the program, shall be subject to regulation, licensing, or oversight by the Department of Health and Senior Services, Department of Social Services, Children's Division, juvenile officer of any jurisdiction, or Office of Childhood unless the Department of Corrections agrees to voluntary regulation, licensing, or oversight.

Finally, the operation of a correctional center nursery program under this act and the presence of inmates' children in the program shall not be considered a dangerous condition that would result in the waiver of sovereign immunity.

These provisions are identical to provisions in HCS/SS/SCS/SB 834 (2022).

EMERGENCY LIGHTS ON PARK RANGER VEHICLES (Section 304.022)

This act adds vehicles operated by county or municipal park rangers to the definition of "emergency vehicle" applicable to yielding the right-of-way and the display of emergency lights.

These provisions are identical to provisions in HB 1637 (2022), SB 1156 (2022), and HB 2665 (2022).

ONLINE MARKETPLACES (Section 407.1700)

This act provides that an online marketplace shall require any high-volume 3rd party seller on the online marketplace to provide, no later than 10 days after qualifying as a high-volume 3rd party seller, certain information such as bank account information, contact information for the seller, an email address for the seller, and a business tax identification number or taxpayer identification number.

If the seller does not provide such information, the online marketplace shall, after providing the seller with written or electronic notice, suspend any future sales activity of such seller until the seller provides the information.

The provisions of this act shall be enforced solely by the Attorney General and he or she may bring a civil action to enforce compliance and obtain civil penalties.

These provisions are identical to provisions in SCS/HB 2697, et al (2022) and HCS/HB 2108 (2022).

These provisions shall become effective on February 28, 2023.

ORDERS OF PROTECTION (Sections 455.073 & 455.075)

This act provides that if a full order of protection is granted by a court, all temporary orders shall continue in the full order of protection and shall remain in full force and effect unless otherwise ordered by the court.

Additionally, this act adds that the court may order a party to pay a reasonable amount for the other party's attorney fees incurred prior to the proceeding, throughout the proceeding, and after entry of judgment for orders of protection. This provision is identical to provisions in SB 1127 (2022).

These provisions are identical to provisions in HB 1699 (2022).

NOTICE OF ORDER OF PROTECTION (Section 455.085)

Under current law, a person is deemed to have notice of an order of protection against him or her if a law enforcement officer responding to a call of domestic violence or violation of the order of protection presented a copy of the order. This act adds that notice is also given by actual communication to the person in a manner reasonably likely to advise him or her.

These provisions are identical to provisions in HB 1699 (2022).

WITNESSES IN CASES INVOLVING SEXUAL OFFENSES (Section 491.015)

Under current law, in prosecutions related to sexual offenses a witness's prior sexual conduct or specific instances of prior sexual conducts is inadmissible, except in certain instances.

This act provides that this evidence is inadmissible at any trial, hearing, or court proceeding and not a subject for inquiry during a deposition or during discovery, except in certain instances.

This provision is identical to provisions in SCS/HB 2697, et al (2022), HCS/SS/SCS/SBs 775, 751, & 640 (2022), and SS/SCS/SB 850 (2022) and similar to SB 534 (2021).

48-HOUR HOLD WITHOUT A WARRANT (Section 544.170)

Under current law, all persons arrested and confined in any jail, without warrant or other process, for any alleged breach of the peace or other criminal offense, shall be discharged from custody within 24 hours from the time of arrest, unless they are charged with a criminal offense.

This act changes the period of detention on arrest without a warrant to 48 hours if a person is arrested for a criminal offense involving a dangerous felony or deadly weapon.

These provisions are identical to provisions in SCS/HB 2697, et al (2022), SS/SCS/SB 850 (2022), SB 766 (2022), SB 130 (2021), and SCS/SB 520 (2020).

BAIL (Section 544.453)

When a judge or judicial officer sets bail or conditions of release in all courts in Missouri for any offense charged, he or she shall consider whether:

• A defendant poses a danger to a victim of crime, the community, any witness to the crime, or to any other person;

• A defendant is a flight risk;

• A defendant has committed a violent misdemeanor offense, sexual offense, or felony offense in this state or any other state in the last 5 years; and

• A defendant has failed to appear in court as a required condition of probation or parole for a violent misdemeanor or felony within the last 3 years.

This act is identical to provisions in SCS/HB 2697, et al (2022), HB 1637 (2022), and SB 1093 (2022) and similar to SB 487 (2021).

CHANGE OF VENUE (Section 545.473)

Under current law, criminal cases filed in Cole County shall follow procedures different from the Missouri Supreme Court Rules in order to obtain a change of venue for misdemeanors or felonies.

This act provides that counties with 75,000 or fewer inhabitants shall follow procedures different from the Missouri Supreme Court Rules in order to obtain a change of venue for misdemeanors or felonies.

Additionally, this act provides that in felony and misdemeanor cases, the application for change of venue must be filed not later than 10 days after the initial plea is entered.

These provisions are identical to provisions in SCS/SB 937 (2022).

WITNESSES IN DOMESTIC ASSAULT PROCEEDINGS (Sections 546.262 & 546.263)

A court shall not compel a victim or member of the victim's family in a domestic assault proceeding to disclose a residential address or place of employment on the record in open court unless the court finds that disclosure of the address or place of employment is necessary.

Additionally, a person may testify in a domestic assault proceeding if the person testifying is the victim of offense. The circuit court shall develop rules for appearances by video and shall post these rules on their website.

These provisions are identical to provisions in HB 1699 (2022) and SB 1127 (2022).

COST AND EXPENSES OF EXTRADITION (Section 548.241)

Under current law, all necessary and proper expenses for the return of a person to Missouri pursuant to the Interstate Compact for the Supervision of Parolees and Probationers shall be paid out of the state treasury.

This act repeals this provision and provides that any person being returned to Missouri pursuant to the Interstate Compact for Adult Offender Supervision shall be paid out of either the "Missouri Interstate Compact Fund" or out of the state treasury.

These provisions are identical to provisions in SB 1023 (2022).

STATUTE OF LIMITATIONS FOR CERTAIN SEXUAL OFFENSES (Section 556.036)

Under current law, a prosecution for certain sexual offenses may be commenced at any time.

This act adds the offenses of sexual abuse in the first degree, attempted sexual abuse in the first degree, incest, and attempted incest to those offenses which may be commenced at any time.

This act is substantially similar to SB 837 (2022) and SB 425 (2021).

JURY INSTRUCTIONS (Section 556.046)

This act provides that the court shall not be obligated to charge the jury with respect to an included offense unless there is a rational basis for a verdict acquitting the person of the offense charged and convicting him or her of the included offense.

Additionally, this act provides that a court shall be obligated to instruct the jury with respect to a particular included offense only if the instruction is requested and there is a rational basis in evidence for acquitting the person of the immediately higher included offense and convicting the person of that particular included offense.

This provision is identical to provisions in SCS/HB 2697, et al (2022) and HB 2589 (2022) and similar to a provision in SCS/HB 530 & HCS/HB 292 (2021).

DANGEROUS OFFENDERS (Section 558.016)

Under current law, the court may sentence a person to an extended term of imprisonment if such person is a persistent or dangerous offender. This act modifies the definition of a "dangerous offender" to include a person who has been found guilty of a dangerous felony as defined in law.

This provision is identical to a provision in SCS/HB 2697, et al (2022) and SS/SCS/SB 850 (2022).

MINIMUM PRISON TERMS FOR ARMED CRIMINAL ACTION (Sections 558.019 & 571.015)

Under current law, certain offenses are excluded from minimum prison terms for offenders who also have prior felony convictions. This act repeals the exclusion of the offense of armed criminal action.

This act also modifies the minimum prison terms for the offense of armed criminal action. For a person convicted of a first offense of armed criminal action, the term of imprisonment shall be no less than 3 years. For a person convicted of a second offense of armed criminal action, the term of imprisonment shall be no less than 5 years. Additionally, this act provides that a person convicted of armed criminal action shall not be eligible for parole, probation, conditional release, or suspended imposition or execution of sentence.

This provision is identical to a provision in SCS/HB 2697, et al (2022) and SS/SCS/SB 850 (2022).

TERMS OF PROBATION (Sections 559.036, 559.115, & 217.785)

This act provides that the total time on any probation term shall not include time when the probation term is suspended, except when the probation term is suspended by order of the court before a revocation hearing.

Under this act, prior to a revocation of probation, the court shall order the placement of an offender in either the Department of Correction's "Structured Cognitive Behavioral Intervention Program" or "Institutional Treatment Program". It shall be at the sole discretion of the Department as to which program the offender shall be placed.

Upon the successful completion of either program, the Division of Probation and Parole shall advise the sentencing court of the offender's probationary release date 30 days prior to release. The court shall then order the offender's release to continue to serve the term of probation, which shall not be extended based on the same incident of the probation violation.

If the Department determines the offender has not successfully completed the treatment program, the Division of Probation and Parole shall advise the sentencing court of the offender's unsuccessful program exit. The court may then modify or revoke the offender's probation.

This act adds that a person is ineligible for probation if he or she has been found guilty of certain dangerous felonies as provided by law.

Finally, this act repeals provisions relating to the "Missouri Postconviction Drug Treatment Program".

These provisions are identical to provisions in HCS/SS/SCS/SB 834 (2022) and substantially similar to SCS/SB 948 (2022).

SEXUAL OFFENSES (Sections 566.010, 566.086, 566.151, 566.155, & 567.030)

This act adds to the definition of "sexual contact" the causing of semen or other ejaculate to come into contact with another person.

Additionally, this act provides that a person commits the offense of sexual contact with a student if he or she has sexual contact with a student and is a coach, director, or other adult with a school-aged team or club and a person found guilty of any tier 3 sexual offense shall not serve as an athletic coach for any sports team with a child less than 18 years old.

These provisions are identical to provisions in SCS/HB 2697, et al (2022), HB 1637 (2022), and HB 2590 (2022).

Under current law, a person over 21 years old commits the offense of enticement of a child if he or she persuades any person less than 15 years old to engage in sexual conduct. This act changes the age to less than 17 years old.

Additionally, this act modifies the offense of patronizing prostitution if the person patronized for prostitution is ages 16 or 17 it shall be a Class E felony and if the person is less than 15 years old it shall be a Class B felony.

These provisions are identical to provisions in HB 1637 (2022) and HB 2590 (2022).

SEXUAL OFFENDERS (Sections 566.149, 566.150, & 566.155)

Under current law, certain offenders shall not knowingly be present in certain areas, such as schools, public parks with playgrounds, public swimming pools, and athletic fields primarily used by children. Additionally, under current law, certain offenders can not serve as an athletic coach or trainer for a sport team if a child less than 17 years of age is a member of the team.

This act adds that any person found guilty of the offense of possession of child pornography shall not knowingly be present in such areas and shall not serve as an athletic coach.

These provisions are identical to provisions in SCS/HB 2697, et al (2022), SS/SCS/SB 850 (2022), HCS/SS/SCS/SBs 775, 751, & 640 (2022), and HB 1589 (2022).

OFFENSE OF PROPERTY DAMAGE IN THE FIRST DEGREE (Sections 569.010 & 569.100)

This act adds to the offense of property damage in the first degree if such person knowingly damages, modifies, or destroys a teller machine or otherwise makes it inoperable.

This offense is a Class D felony unless committed for the purpose of executing any scheme or artifice to defraud or obtain any property, the value of which exceeds $750 or the damage to the teller machine exceeds $750, in which case it is a Class C felony. It shall be a Class B felony if committed for the purpose of obtaining the personal financial credentials of another person or if the person has committed a second or subsequent offense of damaging a teller machine.

These provisions are identical to provisions in SCS/HB 2697 (2022), SS/SCS/SB 850 (2022), and SCS/SB 831 (2022) and substantially similar to provisions in HCS/HB 2127 (2022).

OFFENSE OF STEALING (Section 570.010 & 570.030)

This act adds that the offense of stealing shall be a Class C felony if the property stolen is a teller machine or the contents of a teller machine including cash regardless of the value or amount stolen.

These provisions are identical to provisions in SCS/HB 2697 (2022), SS/SCS/SB 850 (2022), and SCS/SB 831 (2022) and substantially similar to provisions in HCS/HB 2127 (2022).

Additionally, this act provides that a person commits the offense of stealing if he or she appropriates property that is a letter, postal card, package, bag, or other sealed article that was delivered by common carrier or delivery service and not yet received by the addressee or that had been left to be collected for shipment by a common carrier or delivery service.

Such offense shall be a Class E felony.

These provisions are identical to provisions in SCS/HB 2697, et al (2022), SS/SCS/SB 850 (2022), and SCS/SB 919 (2022).

OFFENSE OF ORGANIZED RETAIL THEFT (Section 570.036)

This act creates the offense of organized retail theft if he or she, while alone or with any other person, commits a series of thefts of retail merchandise against one or more persons either on the premises of a merchant or through the use of an internet site with the intent to return the merchandise for value or resell the merchandise for value.

The offense of organized retail theft is a Class D felony if the value stolen over 120 days is between $1,500 and $10,000 and a Class C felony if the value is over $10,000.

Finally, a person may be prosecuted in any jurisdiction in this state regardless of whether the defendant was ever physically present in such jurisdiction.

These provisions are identical to provisions in SCS/HB 2697, et al (2022)

BLAIR'S LAW (Section 571.031)

This act establishes "Blair's Law" which specifies that a person commits the offense of unlawful discharge of a firearm if, with criminal negligence, he or she discharges a firearm within or into the limits of an municipality. Any such person shall be guilty of a Class A misdemeanor for the first offense, a Class E felony for the second offense, and a Class D felony for any third or subsequent offenses. These provisions will not apply if the firearm is discharged under circumstances as provided in the act.

These provisions are identical to provisions in SCS/HB 2697, et al (2022), HB 1637 (2022), HB 1462 (2022), HB 1865 (2022), and HB 1893 (2020).

OFFENSE OF UNLAWFUL POSSESSION OF FIREARMS (Section 571.070)

Under current law, unlawful possession of a firearm is a Class D felony, unless a person has been convicted of a dangerous felony then it is a Class C felony.

This act changes the penalty for the offense to a Class C felony, unless a person has been convicted of a dangerous felony or the person has a prior conviction for unlawful possession of a firearm, then it is a Class B felony.

This provision is identical to provisions in SCS/HB 2697, et al (2022) and SS/SCS/SB 850 (2022).

LAW ENFORCEMENT ANIMALS (Sections 575.010, 575.353, 578.007, & 578.022)

This act creates "Max's Law."

Under current law, the offense of assault on a law enforcement animal is a Class C misdemeanor.

This act provides that the offense of assault on a law enforcement animal is a Class A misdemeanor, if the law enforcement animal is not injured to the point of requiring veterinary care or treatment; a Class E felony if the law enforcement animal is seriously injured to the point of requiring veterinary care or treatment; and a Class D felony if the assault results in the death of such animal.

Additionally, exemptions to the offenses of agroterrorism, animal neglect, and animal abuse shall not apply to the killing or injuring of a law enforcement animal while working.

Finally, this act adds that any dog that is owned by or in the service of a law enforcement agency and that bites or injures another animal or human is exempt from the penalties of the offense of animal abuse.

These provisions are identical to provisions in SCS/HB 2697, et al (2022), SS/SCS/SB 850 (2022), and SB 765 (2022).

POSTING PERSONAL INFORMATION OF CERTAIN OFFICIALS (Section 575.095)

This act modifies the offense of tampering with a judicial officer if, with the purpose to harass, such person disseminates through any means, including by posting on the internet, the personal information of the judicial officer or the judicial officer's family. This act also adds that a "judicial officer" shall include a commissioner of a state or federal court. If a violation of this offense results in death or bodily injury to the judicial officer or a member of his or her family, the offense shall be a Class B felony.

These provisions are identical to provisions in SCS/HB 2697, et al (2022), HB 1637 (2022), and HCS/HB 1656 (2022).

OFFENSE OF ESCAPE FROM CUSTODY (Section 575.200)

This act adds to the offense of escape from custody any person who is being held in custody after arrest for any probation or parole violation who escapes or attempts to escape from custody.

These provisions are identical to provisions in SCS/HB 2697 (2022), SS/SCS/SB 850 (2022), and SCS/SB 799 (2022).

TAMPERING WITH ELECTRONIC MONITORING EQUIPMENT (Section 575.205)

This act modifies the offense of tampering with electronic monitoring equipment to provide that a person commits the offense if he or she intentionally fails to charge or otherwise disables electronic monitoring equipment which a court or the Parole Board has required such person to wear.

The offense of tampering with electronic monitoring equipment if the person fails to charge or otherwise disables the electronic monitoring equipment is a Class E felony, unless the offense for which the person was placed on electronic monitoring was a misdemeanor, in which case it is a Class A misdemeanor.

This act is identical to provisions in SCS/HB 2697 (2022), HB 1637 (2022), and SB 878 (2022) and similar to SB 619 (2021) and HCS/HB 156 (2021).

CONDITIONS OF PROBATION (Section 589.564)

Under this act, a circuit court for the jurisdiction in which the probationer is under supervision is authorized to add any condition, upon a petition from the state, to a term of probation for an offender supervised in Missouri for a term of probation ordered by another state. However, the court may not reduce, extend, or revoke a term of probation.

Additionally, the Division of Probation and Parole may submit violation reports to the prosecuting attorney or circuit attorney asking the court to add a condition or sanction to a term of supervision. The Division of Probation and Parole does not have the authorization to reduce, extend, or revoke a term of parole.

These provisions are identical to provisions in SB 1023 (2022).

MISSOURI INTERSTATE COMPACT FUND (Section 589.565)

Under this act, a Missouri probationer or parolee seeking transfer of his or her supervision pursuant to the Interstate Compact for Adult Offender Supervision shall pay a $175 fee for each application, unless waived by the compact commissioner for an undue economic burden on the offender.

This act establishes the "Missouri Interstate Compact Fund" and all fees collected by the commissioners shall be paid to the Fund. The money from the Fund shall be used for the sole benefit of the Department of Corrections to pay the expenses of the Interstate Compact for Adult Offender Supervision.

These provisions are identical to provisions in SB 1023 (2022).

PEACE OFFICER TRAINING REQUIREMENTS (Sections 590.040 & 590.080)

Under current law, the POST Commission sets a minimum number of basic training hours for licensure for peace officers no lower than 470 hours and no higher than 600 with certain exceptions as provided in law. This act changes this requirement to be no lower than 600 hours.

Additionally, this act adds additional grounds for when the Director of the Department of Public Safety shall discipline peace officers. This act provides that any peace officer shall be disciplined who:

• Is unable to perform the function of a peace officer with reasonable competency or reasonable safety;

• Has been convicted, or has entered a plea of guilty or nolo contendere, in a criminal prosecution under any state laws, any federal laws, or any laws of anther country, regardless if a sentence was imposed;

• Has committed any act that involves moral turpitude or a reckless disregard for the safety of the public;

• Has tested positive for a controlled substance without a valid prescription;

• Is subject to an order suspending or revoking a peace officer license from another state, territory, the federal government, or any peace officer licensing authority ; or

• Has committed any act of gross misconduct indicating inability to function as a peace officer.

These provisions are identical to SB 689 (2022).

SEXUAL ASSAULT SURVIVORS BILL OF RIGHTS (Section 595.201)

Under current law, sexual assault survivors have rights relating to how a criminal investigation regarding a sexual assault must be conducted.

This act provides that sexual assault survivors retain these rights regardless of whether a criminal investigation or prosecution results or regardless if he or she has previously waived any of these rights. A sexual assault survivor, for purposes of this act, is any person who is fourteen years of age or older and who may be a victim of a sexual offense who presents themselves to an appropriate medical provider, law enforcement officer, prosecuting attorney, or court. Under this act, a sexual assault survivor has the right to:

• Consult with an employee or volunteer of a rape crisis center;

• A sexual assault forensic examination;

• A shower and change of clothing;

• Request to be examined by an appropriate medical provider or interviewed by a law enforcement officer of the gender of the survivor's choosing, when available;

• An interpreter who can communicate in the language of the sexual assault survivor's choice, as reasonably available;

• Notification and basic overview of the options of choosing a reported evidentiary collection kit, unreported evidentiary collection kit, and anonymous evidentiary collection kit;

• Notification about the evidence tracking system;

• Notification about the right to certain information considered a closed record, such as a complete incident report; and

• Be free from intimidation, harassment, and abuse in any related criminal or civil proceeding and the right to reasonable protection from the offender.

Additionally, this act provides that a survivor must be informed of the survivor's rights by a medical provider, law enforcement officer, and a prosecuting attorney in a timely manner. A document shall be developed by the Department of Public Safety, in collaboration with certain Missouri-based stakeholders, which shall be provided to a sexual assault survivor explaining the survivor's rights. The document shall include:

• A description of the rights of the sexual assault survivor pursuant to this act; and

• Telephone and internet means for contacting a local rape crisis center.

This act repeals duplicate rights found in other provisions of current law. Additionally, this act repeals the requirement that a law enforcement officer shall upon written request provide a free, complete, and unaltered copy of all law enforcement reports concerning the sexual assault within 14 days to the survivor.

These provisions are identical to provisions in SCS/HB 2697, et al (2022), SS/SCS/SB 850 (2022), and HCS/SS/SCS/SBs 775, 751, & 640 (2022).

CLOSED RECORDS OF VICTIMS OF SEXUAL ASSAULT (Section 595.226)

Under current law, certain identifiable information of victims of domestic assault or stalking shall be closed and redacted from public record. This act adds that such identifiable information shall also include, but shall not be limited to, the victim's personal email address, birth date, health status, or any information from a forensic testing report.

This act also repeals provisions relating to when a court may disclose such identifying information of a victim and provides that any person who is requesting identifying information of a victim and who has a legitimate interest in obtaining such information, may petition the court for an in camera inspection of the records. If the court determines the person is entitled to all or any part of such records, the court may order production and disclosure of the records, but only if the court determines that the disclosure to the person or entity would not compromise the welfare or safety of the victim.

These provisions are identical to provisions in SCS/HB 2697, et al (2022), SS/SCS/SB 850 (2022), and HCS/SS/SCS/SBs 775, 751, & 640 (2022).

BATTERER INTERVENTION PROGRAM (Section 595.320)

If a judge orders a person convicted of domestic assault to undergo a batterer intervention program, such person shall be financially responsible for any costs associated with attending such class.

These provisions are identical to provisions in HB 1699 (2022) and substantially similar to provisions in SB 1127 (2022).

PUBLIC DEFENDER FUND (Section 600.042)

Under current law, any funds available from government grants, private gifts, donations, bequests, or other sources made to the Office of the Public Defender are deposited in the general revenue fund of the state.

This act creates the "Public Defender - Federal and Other Fund" in the state treasury and provides that funding from any government grants, private gifts, donations, bequests, or other sources shall be deposited into such fund.

This provision is identical to SB 1039 (2022).

CIVIL DETENTIONS (Section 632.305)

Currently, an application for civil detention for evaluation and treatment may be executed by any adult on a form provided by the court. Such form shall allege that the applicant has reason to believe that the respondent is suffering from a mental disorder and presents a likelihood of serious harm to themselves. Under this act, such form shall not be required to be notarized.

These provisions are identical to SCS/SB 1109 (2022).

MARY GRACE PRINGLE


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