SB 1398 - This act creates and modifies provisions relating to the protection of children and vulnerable persons. SEX AND HUMAN TRAFFICKING TRAINING (Sections 27.170, 56.265, 190.142, 210.1505, 211.326, 335.059, 337.618, & 590.050) This act establishes the "Committee on Sex and Human Trafficking Training" with membership as provided in the act. The Committee shall annually evaluate and establish guidelines for sex and human trafficking training for boards, departments, and agencies. This act provides that prosecutors, emergency medical technicians, juvenile officers, nurses, social workers, and peace officers shall undergo training on sex and human trafficking awareness annually beginning January 1, 2025 until December 31, 2029. These provisions are identical to provisions in HCS/HB 1706 & 1539 (2024) and substantially similar to HB 1308 (2023) and similar to provisions in SB 906 (2024). STATEWIDE COUNCIL AGAINST TRAFFICKING (Section 210.1505) This act repeals provisions relating to the "Statewide Council on Sex Trafficking and Sexual Exploitation of Children" within the Department of Social Services and creates the "Statewide Council Against Adult Trafficking and the Commercial Sexual Exploitation of Children" within the office of the Attorney General. The Council shall coordinate a statewide effort against the trafficking of adults and children within the state. The Attorney General shall service as chairperson of the Council and shall hold an initial meeting before October 27, 2024. Finally, this act creates the "Anti-Trafficking Fund" to provide funds for the position of the Executive Director of the Council, for education regarding human trafficking, and for anti-trafficking efforts. This provision is identical to a provision in SB 1245 (2024) and HCS/HB 1706 & 1539 (2024). ADMISSIBILITY OF EVIDENCE IN CRIMINAL CASES (Sections 491.075 & 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 SB 906 (2024), HCS/HB 1706 & 1539 (2024), HCS/HB 454 (2023), and SCS/HS/HCS/HBs 1108 & 1181, et al (2023). SEXUAL OFFENSES (Sections 566.151 & 567.030) 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 15 to 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 SB 906 (2024), HCS/HB 1706 & 1539 (2024), HCS/HB 454 (2023), SCS/HS/HCS/HBs 1108 & 1181, et al (2023), SCS/HB 2697, et al (2022), SCS/HB 2088, et al (2022), HB 1637 (2022), and HB 2590 (2022). RESTITUTION FOR HUMAN TRAFFICKING OFFENSES (Section 589.700) This act provides that the court shall award restitution payable to the newly created Human Trafficking and Sexual Exploitation Fund when a person pleads guilty to or is convicted of a human trafficking offense. The Human Trafficking and Sexual Exploitation Fund shall allocate $10,000 per each victim of an offense that occurred in the county toward local rehabilitation services for victims of human trafficking and $2,500 toward local efforts to prevent human trafficking. This provision is identical to a provisions in HCS/HB 1706 & 1539 (2024) and similar to a provision in SB 906 (2024). MARY GRACE PRINGLE
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