SB 905 - This act modifies several provisions relating to the protection of vulnerable persons, including: (1) access to SNAP benefits; (2) pregnant offenders; and (3) admissibility of certain evidence in criminal cases.ACCESS TO SNAP BENEFITS (Section 208.247)
This act repeals provisions of law allowing for individuals convicted of certain drug offenses to participate in SNAP only if certain conditions are met. Under this act, individuals convicted of a state or federal felony drug offense shall not be excluded from SNAP for such conviction.
This provision is identical to provisions in the perfected SS/SB 82 (2023) and the perfected HCS/HB 719 (2023).
PREGNANT OFFENDERS (Section 221.520)
Under this act, all county and city jails shall be prohibited, except in extraordinary circumstances, from using restrains on a pregnant offender in her third trimester, including during transportation or labor, delivery, and 48 hours post-delivery. Pregnant offenders shall be transported in vehicles equipped with seatbelts. In cases of extraordinary circumstances requiring restraints to be used, the sheriff or jailer shall document in writing within 48 hours of the incident the reasons for the restraints used, as specified in the act.
If restraints are used, they shall be the least restrictive available and the most reasonable under the circumstances. No leg, ankle, or waist restraints or mechanical restraints shall be used and any wrist restraints used shall be placed in front of the offender's body.
Jails shall offer staff training on the provisions of this act and inform offenders of policies and practices developed under this act.
By January 1, 2025, all county and city jails shall develop specific procedures for intake and care of pregnant offenders, including maternal health evaluations, dietary supplements, nutritious meals, substance abuse treatment, HIV treatment, hepatitis C, sleeping arrangements, mental health; sanitary materials; postpartum recovery, and a requirement that a female medical professional be present during examinations.
These provisions are substantially similar to provisions in SCS/SB 803 (2018), HB 1002 (2017), and SB 180 (2017).
ADMISSIBILITY OF CERTAIN EVIDENCE IN CRIMINAL CASES (Sections 491.075 and 492.304)
Under current law, a statement made by a child under 14 years of age may be admissible in criminal proceedings under certain circumstances. This act changes the age to a child under the age of 18 years of age.
Additionally, this act provides that visual or audio recordings of a child under 18 years of age or a vulnerable person relating to certain criminal offenses shall be admissible in criminal proceedings under certain circumstances.
These provisions are identical to provisions in the perfected HCS/HB 454 (2023) and SCS/HS/HCS/HBs 1108 & 1181, et al (2023).
SARAH HASKINS