SB 775
Modifies provisions relating to judicial proceedings
LR Number:
3386S.11T
Last Action:
6/30/2022 - Signed by Governor
Journal Page:
Title:
CCS HCS SS SCS SBs 775, 751 & 640
Calendar Position:
4
Effective Date:
August 28, 2022
House Handler:

Current Bill Summary

CCS/HCS/SS/SCS/SBs 775, et al. - This act modifies provisions relating to judicial proceedings.

LEGAL TREATISES (Section 1.016)

This act provides that a secondary source, legal treatise, scholarly publication, textbook, or other explanatory text, does not constitute the law or public policy of this state.

CHILD TRAFFICKING (Sections 210.1500, 210.1505, & 211.031)

This act provides that when a child is located by a law enforcement official and there is reasonable cause to suspect the child may be a victim of sex trafficking, the law enforcement official shall immediately cause a report to be made to the Children's Division. If the Children's Division determines that the report merits an investigation, the reporting official and the Children's Division shall ensure the immediate safety of the child. If the law enforcement official has reasonable cause to believe the child is in imminent danger, he or she may take temporary custody of the child without the consent of the child's parents.

Additionally, this act establishes the "Statewide Council on Sex Trafficking and Sexual Exploitation of Children". The council shall collect data relating to sex trafficking of children and develop best practices regarding the response to sex trafficking of children. The council shall submit a report to the governor and General Assembly on or before December 31, 2023; at which time the council shall expire.

Finally, this act adds that the family courts shall have exclusive original jurisdiction in proceedings involving a child who has been a victim of sex trafficking or sexual exploitation.

These provisions are identical to provisions in HCS/HB 2032 (2022).

PROBATION TERMS (Sections 217.703, 559.036, and 559.115)

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 the 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 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.

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

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).

TREATMENT COURTS (Section 478.600)

Current law designates a Division Eleven within the Eleventh Judicial Circuit, located in St. Charles county, for the duties and responsibilities of a treatment court.

This act repeals such provision.

These provisions are similar to HB 2423 (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 SB 534 (2021).

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).

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).

SEXUAL OFFENSES (Sections 566.010 & 566.086)

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.

These provisions are identical to provisions in SCS/HB 2697, et al (2022), 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 similar to SB 751 (2022).

OFFENSE OF PROSTITUTION (Section 567.020)

This act provides that a person shall not be certified as an adult or adjudicated for the offense of prostitution if the person was under the age of 18 at the time when the offense occurred. Such person shall be classified as a victim of abuse and reported immediately to the Children's Division and to the juvenile officer for appropriate services.

This provision is identical to a provision in HCS/HB 2032 (2022).

SEXUAL PERFORMANCE BY A CHILD (Sections 573.010 & 573.206)

Under current law, sexual performance includes sexual conduct by a child who is less than 17 years old. This act changes the age to 18 years old.

Additionally, this act creates the offense of patronizing a sexual performance by a child if such person obtains, solicits, or participates in a sexual performance by a child under the age of 18. This offense is a Class C felony.

These provisions are identical to provisions in HCS/HB 2032 (2022).

OFFENSE OF ENABLING SEXUAL EXPLOITATION OF A MINOR (Section 573.024)

This act creates the offense of enabling sexual exploitation of a minor which shall be if a person acting with criminal negligence permits or allows certain sexual or pornography offenses. Such offense is a Class E felony for the first offense and a Class C felony for any subsequent offenses. Additionally, if the person found guilty of the offense is an owner of a business that provided the location for such exploitation, the business shall be required to close for up to one year for the first offense and shall permanently close after a subsequent offense.

This provision is identical to a provision in HCS/HB 2032 (2022).

OFFENSE OF PROVIDING EXPLICIT SEXUAL MATERIAL TO A STUDENT (Section 573.550)

This act provides that a person commits the offense of providing explicit sexual material to a student if such person is affiliated with a public or private elementary or secondary school in an official capacity and, knowing of its content and character, such person provides, assigns, supplies, distributes, loans, or coerces acceptance of or the approval of the providing of explicit sexual material to a student or possesses with the purpose of providing, assigning, supplying, distributing, loaning, or coercing acceptance of or the approval of the providing of explicit sexual material to a student.

This offense is a Class A misdemeanor.

This amendment is similar to SB 1224 (2022).

SEXUAL OFFENDERS (Section 589.404)

This act modifies the definitions of "sexual conduct" and "sexual contact."

These provisions are identical to provisions in HB 2160 (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 SB 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.

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).

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