HB 1637 - This act modifies provisions relating to crime prevention.
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 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 1676 (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 SCS/SB 671 (2022) and substantially similar to HB 2221 (2022).
BACKGROUND CHECKS FOR STAFF OF RESIDENTIAL CARE FACILITIES AND CHILD PLACING AGENCIES (Section 210.493)
This act removes "other support staff" of residential care facilities and licensed child placing agencies from background check requirements. Additionally, a search of the National Crime Information Center's National Sex Offender Registry shall no longer be included in a background check.
These provisions are identical to HB 2623 (2022).
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) and substantially similar to provisions in HCS/HB 1656 (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.
This act is identical to SB 1156 (2022) and HB 2665 (2022).
BAIL BOND AGENTS (Section 374.702)
Under current law, state, county, or municipal employees who are either elected or appointed cannot be licensed as a bail bond agent. This act repeals those provisions.
These provisions are identical to HB 2486 (2022).
RECORDS FOR THE SALE OF METAL (Section 407.300)
Currently, every purchaser or collector of, or dealer in, junk, scrap metal, or any second hand property is required to maintain written or electronic records for each purchase in which certain types of material are obtained for value. This act adds that if the transaction includes a catalytic converter, the purchaser shall keep a record of the make, model, year, and vehicle identification number of the vehicle from which the catalytic converter was removed and proof the seller is a bona fide automobile repair shop or an affidavit that the detached catalytic converter was acquired lawfully. These records shall be maintained for 4 years.
The Department of Public Safety shall include a form on its website for recording such information as required by this act. A copy of this form shall be submitted monthly to the purchaser's local law enforcement agency.
Anyone in violation of this act shall be guilty of a Class B misdemeanor.
These provisions are identical to provisions in HCS/HB 2574 (2022).
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 SB 1093 (2022) and similar to SB 487 (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 HB 2589 (2022) and similar to a provision in SCS/HB 530 & HCS/HB 292 (2021).
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 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 2590 (2022).
DAMAGE TO ATM MACHINES (Sections 569.010, 569.100, 569.190, 570.010, & 570.030)
This act creates the offense of tampering with a teller machine if he or she knowingly and without authorization or without reasonable grounds to believe that he or she has such authorization modifies or damages a teller machine or otherwise renders a teller machine inoperable. Such offense shall be a Class D felony, unless the offense is committed for the purpose of defrauding or obtaining property over $1,000 or obtaining the personal financial credentials of another person, in which case it is a Class C felony. It shall also be a Class C felony if the damage to the teller machine is over $1,000.
This act also adds that the offense of property damage in the first degree is a Class D felony if the person knowingly damages a teller machine and adds that the offense of stealing is a Class C felony if the property is a teller machine or the contents of a teller machine, as defined in the act, regardless of the value of the amount taken.
These provisions are similar to SB 831 (2022).
OFFENSE OF STEALING - CATALYTIC CONVERTERS (Section 570.030)
The offense of stealing shall be a Class E felony if the property is a catalytic converter.
These provisions are similar to provisions in HS/HCS/HBs 2574, 1929, & 1456 (2022).
UNLAWFUL ENTRY INTO A MOTOR VEHICLE (Sections 569.170 & 569.175)
This act adds to the offense of burglary in the second degree when a person knowingly enters unlawfully into a motor vehicle with the intent to commit any felony of theft. This offense shall be a Class D felony unless committed with a firearm or the person stole a firearm from the motor vehicle then it shall be a Class C felony.
Additionally, a person commits the offense of unlawfully gaining entry into motor vehicles if the person lifts the door handles or otherwise tries the doors to gain entry. This offense shall be a class E felony.
MAIL THEFT (Section 570.212)
This act creates the offense of mail theft which shall be if a person intentionally appropriates mail from another person's mailbox or premises without consent of the addressee and with intent to deprive such addressee of the mail. This offense shall be a Class A misdemeanor for the first offense and a Class E felony for any second or subsequent offense.
This act is substantially similar to SB 919 (2022), SB 210 (2021), and HB 1802 (2020).
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 HB 1462 (2022), HB 1637 (2022), HB 1865 (2022), and HB 1893 (2020).
LIABILITY OF BUSINESSES (Section 571.069)
Any business which allows invitees to carry lawful weapons on its premises shall not be held liable for any injury, death, or other damage a person suffers while on the premises of the business.
POSTING PERSONAL INFORMATION OF CERTAIN OFFICIALS (Sections 575.095 & Section 1)
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 the 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 HCS/HB 1656 (2022).
This act also creates the offense of tampering with a public official if, with the purpose to harass, such person disseminates through any means, including by posting on the internet, the personal information of the public official or the public official's family. This offense shall be a Class D felony, unless a violation of this offense results in death or bodily injury to the public official or a member of his or her family, then the offense shall be a Class B felony.
These provisions are similar to provisions in HCS/HB 1656 (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 removes, alters, tampers with, damages, destroys, 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 SB 878 (2022) and similar to SB 619 (2021) and HCS/HB 156 (2021).
CLOSED RECORDS (Sections 610.120 & 610.140)
This act provides that any criminal records required to be closed shall be destroyed, excluding arrest records.
These provisions are identical to HB 2521 (2022).
EXPUNGEMENT (Section 610.130)
This act provides that after 10 years, a person who pled guilty or was convicted of a certain traffic offenses involving intoxication and such offense was his or her first offense, that person may apply to have his or her records relating to the offense expunged.
MARY GRACE PRINGLE