EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 2088, HOUSE
BILL NO. 1705, AND HOUSE
COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 1699
101ST GENERAL ASSEMBLY
3895S.05C ADRIANE D. CROUSE, Secretary
AN ACT
To repeal sections 43.650, 67.145, 70.631, 170.310, 190.091, 191.900, 191.905, 217.035, 217.541,
217.650, 217.670, 217.690, 217.703, 217.705, 217.710, 217.718, 217.720, 217.730,
217.785, 217.810, 304.022, 455.073, 455.075, 455.085, 491.015, 544.170, 545.473,
548.241, 556.036, 556.046, 558.011, 558.016, 558.019, 558.026, 558.046, 559.036,
559.115, 565.184, 566.010, 566.086, 566.149, 566.150, 566.151, 566.155, 567.030,
569.010, 569.100, 570.010, 570.030, 571.015, 571.070, 575.010, 575.095, 575.200,
575.205, 575.353, 578.007, 578.022, 590.040, 590.080, 595.201, 595.226, 600.042,
630.155, 632.305, 650.320, and 650.340, RSMo, and to enact in lieu thereof eighty-
two new sections relating to public safety, with penalty provisions and an effective date
for a certain section.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 43.650, 67.145, 70.631, 170.310, 1
190.091, 191.900, 191.905, 217.035, 217.541, 217.650, 217.670, 2
217.690, 217.703, 217.705, 217.710, 217.718, 217.720, 217.730, 3
217.785, 217.810, 304.022, 455.073, 455.075, 455.085, 491.015, 4
544.170, 545.473, 548.241, 556.036, 556.046, 558.011, 558.016, 5
558.019, 558.026, 558.046, 559.036, 559.115, 565.184, 566.010, 6
566.086, 566.149, 566.150, 566 .151, 566.155, 567.030, 569.010, 7 SCS HB 2088, HB 1705, 2
& HCS HB 1699
569.100, 570.010, 570.030, 571.015, 571.070, 575.010, 575.095, 8
575.200, 575.205, 575.353, 578.007, 578.022, 590.040, 590.080, 9
595.201, 595.226, 600.042, 630.155, 632.305, 650.320, and 10
650.340, RSMo, are repealed and eighty -two new sections enacted 11
in lieu thereof, to be known as sections 43.650, 67.145, 70.631, 12
170.310, 190.091, 191.900, 191.905, 217.035, 217.541, 217.650, 13
217.670, 217.690, 217.705, 217.710, 217.718, 217.720, 217.730, 14
217.940, 217.941, 217.942, 217.943, 217. 944, 217.945, 217.946, 15
217.947, 304.022, 407.1700, 455.073, 455.075, 455.085, 491.015, 16
544.170, 544.453, 545.473, 546.262, 546.263, 548.241, 556.036, 17
556.046, 558.011, 558.016, 558.019, 558.026, 558.046, 559.036, 18
559.115, 565.184, 566.010, 566.086, 566.149 , 566.150, 566.151, 19
566.155, 567.030, 569.010, 569.100, 570.010, 570.030, 570.036, 20
571.015, 571.031, 571.070, 575.010, 575.095, 575.200, 575.205, 21
575.353, 578.007, 578.022, 589.437, 589.564, 589.565, 590.040, 22
590.080, 595.201, 595.226, 595.320, 600.042, 63 0.155, 632.305, 23
650.320, and 650.340, to read as follows:24
43.650. 1. The patrol shall, subject to 1
appropriation, maintain a web page on the internet which 2
shall be open to the public and shall include a registered 3
sexual offender and registered violent offender search 4
capability. 5
2. Except as provided in subsections 4 and 5 of this 6
section, the registered sexual offender and registered 7
violent offender search shall make it possible for any 8
person using the internet to search for and fin d the 9
information specified in subsection 4 of this section, if 10
known, on offenders registered in this state pursuant to 11
sections 589.400 to 589.425 or section 589.437. 12
3. The registered sexual offender and registered 13
violent offender search shall include the capability to 14
search for sexual offenders by name, by zip code, and by 15 SCS HB 2088, HB 1705, 3
& HCS HB 1699
typing in an address and specifying a search within a 16
certain number of miles radius from that address. The 17
search shall also have the capability to filter results by 18
sexual offenders or violent offenders. 19
4. Only the information listed in this subsection 20
shall be provided to the public in the registered sexual 21
offender and registered violent offender search: 22
(1) The name and any known aliases of the off ender; 23
(2) The date of birth and any known alias dates of 24
birth of the offender; 25
(3) A physical description of the offender; 26
(4) The residence, temporary, work, and school 27
addresses of the offender, including the street address, 28
city, county, state, and zip code; 29
(5) Any photographs of the offender; 30
(6) A physical description of the offender's vehicles, 31
including the year, make, model, color, and license plate 32
number; 33
(7) The nature and dates of all offenses qualifyi ng 34
the offender to register, including the tier level assigned 35
to the offender under sections 589.400 to 589.425; 36
(8) The date on which the offender was released from 37
the department of mental health, prison, or jail [,] or 38
placed on parole, superv ised release, or probation for the 39
offenses qualifying the offender to register; 40
(9) Compliance status of the sexual or violent 41
offender with the provisions of [section] sections 589.400 42
to 589.425; and 43
(10) Any online identifiers, as define d in section 44
43.651, used by the person. Such online identifiers shall 45
not be included in the general profile of an offender on the 46
web page and shall only be available to a member of the 47 SCS HB 2088, HB 1705, 4
& HCS HB 1699
public by a search using the specific online identifier to 48
determine if a match exists with a registered offender. 49
5. Juveniles required to register under subdivision 50
(5) of subsection 1 of section 589.400 shall be exempt from 51
public notification to include any adjudications from 52
another state, territory, th e District of Columbia, or 53
foreign country or any federal, tribal, or military 54
jurisdiction. 55
67.145. 1. No political subdivision of this state 1
shall prohibit any first responder from engaging in any 2
political activity while off dut y and not in uniform, being 3
a candidate for elected or appointed public office, or 4
holding such office unless such political activity or 5
candidacy is otherwise prohibited by state or federal law. 6
2. As used in this section, "first responder" means 7
any person trained and authorized by law or rule to render 8
emergency medical assistance or treatment. Such persons may 9
include, but shall not be limited to, emergency first 10
responders, telecommunicator first responders, police 11
officers, sheriffs, de puty sheriffs, firefighters, ambulance 12
attendants and attendant drivers, emergency medical 13
technicians, mobile emergency medical technicians, emergency 14
medical technician-paramedics, registered nurses, or 15
physicians. 16
70.631. 1. Each political subdivision may, by 1
majority vote of its governing body, elect to cover 2
[emergency telecommunicators ] telecommunicator first 3
responders, jailors, and emergency medical service personnel 4
as public safety personnel members of the system. The clerk 5
or secretary of the political subdivision shall certify an 6
election concerning the coverage of [emergency 7
telecommunicators] telecommunicator first responders , 8 SCS HB 2088, HB 1705, 5
& HCS HB 1699
jailors, and emergency medical service personnel as public 9
safety personnel members of the system to the board within 10
ten days after such vote. The date in which the political 11
subdivision's election becomes effective shall be the first 12
day of the calendar month specified by such governing body, 13
the first day of the calendar month nex t following receipt 14
by the board of the certification of the election, or the 15
effective date of the political subdivision's becoming an 16
employer, whichever is the latest date. Such election shall 17
not be changed after the effective date. If the election is 18
made, the coverage provisions shall be applicable to all 19
past and future employment with the employer by present and 20
future employees. If a political subdivision makes no 21
election under this section, no [emergency] telecommunicator 22
first responder, jailor, or emergency medical service 23
personnel of the political subdivision shall be considered 24
public safety personnel for purposes determining a minimum 25
service retirement age as defined in section 70.600. 26
2. If an employer elects to cover [emergency 27
telecommunicators] telecommunicator first responders , 28
jailors, and emergency medical service personnel as public 29
safety personnel members of the system, the employer's 30
contributions shall be correspondingly changed effective the 31
same date as the effective date of the political 32
subdivision's election. 33
3. The limitation on increases in an employer's 34
contributions provided by subsection 6 of section 70.730 35
shall not apply to any contribution increase resulting from 36
an employer making an election under the provisions of this 37
section. 38
4. The provisions of this section shall only apply to 39
counties of the third classification and any county of the 40 SCS HB 2088, HB 1705, 6
& HCS HB 1699
first classification with more than seventy thousand but 41
fewer than eighty-three thousand inhabitants and with a city 42
of the fourth classification with more than thirteen 43
thousand five hundred but fewer than sixteen thousand 44
inhabitants as the county seat, and any political 45
subdivisions located, in whole or in part, within such 46
counties. 47
170.310. 1. For school year 2017 -18 and each school 1
year thereafter, upon graduation from high school, pupils in 2
public schools and charter schools shall have received 3
thirty minutes of cardiopulmonary resuscitation instructio n 4
and training in the proper performance of the Heimlich 5
maneuver or other first aid for choking given any time 6
during a pupil's four years of high school. 7
2. Beginning in school year 2017 -18, any public school 8
or charter school serving grades ni ne through twelve shall 9
provide enrolled students instruction in cardiopulmonary 10
resuscitation. Students with disabilities may participate 11
to the extent appropriate as determined by the provisions of 12
the Individuals with Disabilities Education Act or Section 13
504 of the Rehabilitation Act. Instruction shall be included 14
in the district's existing health or physical education 15
curriculum. Instruction shall be based on a program 16
established by the American Heart Association or the 17
American Red Cross, or through a nationally recognized 18
program based on the most current national evidence -based 19
emergency cardiovascular care guidelines, and psychomotor 20
skills development shall be incorporated into the 21
instruction. For purposes of this section, "psycho motor 22
skills" means the use of hands -on practicing and skills 23
testing to support cognitive learning. 24 SCS HB 2088, HB 1705, 7
& HCS HB 1699
3. The teacher of the cardiopulmonary resuscitation 25
course or unit shall not be required to be a certified 26
trainer of cardiopulmonary resuscitati on if the instruction 27
is not designed to result in certification of students. 28
Instruction that is designed to result in certification 29
being earned shall be required to be taught by an authorized 30
cardiopulmonary instructor. Schools may develop agreeme nts 31
with any local chapter of a voluntary organization of first 32
responders to provide the required hands -on practice and 33
skills testing. For purposes of this subsection, first 34
responders shall include telecommunicator first responders 35
as defined in section 650.320. 36
4. The department of elementary and secondary 37
education may promulgate rules to implement this section. 38
Any rule or portion of a rule, as that term is defined in 39
section 536.010, that is created under the authority 40
delegated in this section shall become effective only if it 41
complies with and is subject to all of the provisions of 42
chapter 536 and, if applicable, section 536.028. This 43
section and chapter 536 are nonseverable and if any of the 44
powers vested with the general asse mbly pursuant to chapter 45
536 to review, to delay the effective date, or to disapprove 46
and annul a rule are subsequently held unconstitutional, 47
then the grant of rulemaking authority and any rule proposed 48
or adopted after August 28, 2012, shall be inval id and void. 49
190.091. 1. As used in this section, the following 1
terms mean: 2
(1) "Bioterrorism", the intentional use of any 3
microorganism, virus, infectious substance, or biological 4
product that may be engineered as a result of biotechnology 5
or any naturally occurring or bioengineered component of any 6
microorganism, virus, infectious substance, or biological 7 SCS HB 2088, HB 1705, 8
& HCS HB 1699
product to cause death, disease, or other biological 8
malfunction in a human, an animal, a plant, or any other 9
living organism to influence the conduct of government or to 10
intimidate or coerce a civilian population; 11
(2) "Department", the Missouri department of health 12
and senior services; 13
(3) "Director", the director of the department of 14
health and senior se rvices; 15
(4) "Disaster locations", any geographical location 16
where a bioterrorism attack, terrorist attack, catastrophic 17
or natural disaster, or emergency occurs; 18
(5) "First responders", state and local law 19
enforcement personnel, telecommunicator first responders, 20
fire department personnel, and emergency medical personnel 21
who will be deployed to bioterrorism attacks, terrorist 22
attacks, catastrophic or natural disasters, and emergencies. 23
2. The department shall offer a vaccination prog ram 24
for first responders who may be exposed to infectious 25
diseases when deployed to disaster locations as a result of 26
a bioterrorism event or a suspected bioterrorism event. The 27
vaccinations shall include, but are not limited to, 28
smallpox, anthrax, a nd other vaccinations when recommended 29
by the federal Centers for Disease Control and Prevention's 30
Advisory Committee on Immunization Practices. 31
3. Participation in the vaccination program shall be 32
voluntary by the first responders, except for fir st 33
responders who, as determined by their employer, cannot 34
safely perform emergency responsibilities when responding to 35
a bioterrorism event or suspected bioterrorism event without 36
being vaccinated. The recommendations of the Centers for 37
Disease Control and Prevention's Advisory Committee on 38
Immunization Practices shall be followed when providing 39 SCS HB 2088, HB 1705, 9
& HCS HB 1699
appropriate screening for contraindications to vaccination 40
for first responders. A first responder shall be exempt 41
from vaccinations when a written stat ement from a licensed 42
physician is presented to their employer indicating that a 43
vaccine is medically contraindicated for such person. 44
4. If a shortage of the vaccines referred to in 45
subsection 2 of this section exists following a bioterrorism 46
event or suspected bioterrorism event, the director, in 47
consultation with the governor and the federal Centers for 48
Disease Control and Prevention, shall give priority for such 49
vaccinations to persons exposed to the disease and to first 50
responders who are deployed to the disaster location. 51
5. The department shall notify first responders 52
concerning the availability of the vaccination program 53
described in subsection 2 of this section and shall provide 54
education to such first responders and their emp loyers 55
concerning the vaccinations offered and the associated 56
diseases. 57
6. The department may contract for the administration 58
of the vaccination program described in subsection 2 of this 59
section with health care providers, including but not 60
limited to local public health agencies, hospitals, 61
federally qualified health centers, and physicians. 62
7. The provisions of this section shall become 63
effective upon receipt of federal funding or federal grants 64
which designate that the funding is requ ired to implement 65
vaccinations for first responders in accordance with the 66
recommendations of the federal Centers for Disease Control 67
and Prevention's Advisory Committee on Immunization 68
Practices. Upon receipt of such funding, the department 69
shall make available the vaccines to first responders as 70
provided in this section. 71 SCS HB 2088, HB 1705, 10
& HCS HB 1699
191.900. As used in sections 191.900 to 191.910, the 1
following terms mean: 2
(1) "Abuse", the infliction of physical, sexual or 3
emotional harm or injury. "Abuse" includes the taking, 4
obtaining, using, transferring, concealing, appropriating or 5
taking possession of property of another person without such 6
person's consent; 7
(2) "Claim", any attempt to cause a health care payer 8
to make a health care payment; 9
(3) "False", wholly or partially untrue. A false 10
statement or false representation of a material fact means 11
the failure to reveal material facts in a manner which is 12
intended to deceive a health care payer with respect to a 13
claim; 14
(4) "Health care", any service, assistance, care, 15
product, device or thing provided pursuant to a medical 16
assistance program, or for which payment is requested or 17
received, in whole or part, pursuant to a medical assistance 18
program; 19
(5) "Health care payer", a medical assistance program, 20
or any person reviewing, adjusting, approving or otherwise 21
handling claims for health care on behalf of or in 22
connection with a medical assistance program; 23
(6) "Health care payment", a payment made, or th e 24
right under a medical assistance program to have a payment 25
made, by a health care payer for a health care service; 26
(7) "Health care provider", any person delivering, or 27
purporting to deliver, any health care, and including any 28
employee, agent or other representative of such a person, 29
and further including any employee, representative, or 30
subcontractor of the state of Missouri delivering, 31 SCS HB 2088, HB 1705, 11
& HCS HB 1699
purporting to deliver, or arranging for the delivery of any 32
health care; 33
(8) "Knowing" and "knowing ly", that a person, with 34
respect to information: 35
(a) Has actual knowledge of the information; 36
(b) Acts in deliberate ignorance of the truth or 37
falsity of the information; or 38
(c) Acts in reckless disregard of the truth or falsity 39
of the information. 40
Use of the terms knowing or knowingly shall be construed to 41
include the term "intentionally", which means that a person, 42
with respect to information, intended to act in violation of 43
the law; 44
(9) "Medical assistance program", MO Hea lthNet, or any 45
program to provide or finance health care to participants 46
which is established pursuant to title 42 of the United 47
States Code, any successor federal health insurance program, 48
or a waiver granted thereunder. A medical assistance 49
program may be funded either solely by state funds or by 50
state and federal funds jointly. The term "medical 51
assistance program" shall include the medical assistance 52
program provided by section 208.151, et seq., and any state 53
agency or agencies administering all or any part of such a 54
program; 55
(10) "Neglect", the failure to provide to a person 56
receiving health care the care, goods, or services that are 57
reasonable and necessary to maintain the physical and mental 58
health of such person when such failure presents either an 59
imminent danger to the health, safety, or welfare of the 60
person or a substantial probability that death or serious 61
physical harm would result; 62 SCS HB 2088, HB 1705, 12
& HCS HB 1699
(11) "Person", a natural person, corporation, 63
partnership, association or any legal entity. 64
191.905. 1. No health care provider shall knowingly 1
make or cause to be made a false statement or false 2
representation of a material fact in order to receive a 3
health care payment, including but not limited to: 4
(1) Knowingly presenting to a health care payer a 5
claim for a health care payment that falsely represents that 6
the health care for which the health care payment is claimed 7
was medically necessary, if in fact it was not; 8
(2) Knowingly concealing the occu rrence of any event 9
affecting an initial or continued right under a medical 10
assistance program to have a health care payment made by a 11
health care payer for providing health care; 12
(3) Knowingly concealing or failing to disclose any 13
information with the intent to obtain a health care payment 14
to which the health care provider or any other health care 15
provider is not entitled, or to obtain a health care payment 16
in an amount greater than that which the health care 17
provider or any other health care provider is entitled; 18
(4) Knowingly presenting a claim to a health care 19
payer that falsely indicates that any particular health care 20
was provided to a person or persons, if in fact health care 21
of lesser value than that described in the claim was 22
provided. 23
2. No person shall knowingly solicit or receive any 24
remuneration, including any kickback, bribe, or rebate, 25
directly or indirectly, overtly or covertly, in cash or in 26
kind in return for: 27
(1) Referring another person to a health ca re provider 28
for the furnishing or arranging for the furnishing of any 29
health care; or 30 SCS HB 2088, HB 1705, 13
& HCS HB 1699
(2) Purchasing, leasing, ordering or arranging for or 31
recommending purchasing, leasing or ordering any health care. 32
3. No person shall knowingly offer or p ay any 33
remuneration, including any kickback, bribe, or rebate, 34
directly or indirectly, overtly or covertly, in cash or in 35
kind, to any person to induce such person to refer another 36
person to a health care provider for the furnishing or 37
arranging for the furnishing of any health care. 38
4. Subsections 2 and 3 of this section shall not apply 39
to a discount or other reduction in price obtained by a 40
health care provider if the reduction in price is properly 41
disclosed and appropriately reflected in th e claim made by 42
the health care provider to the health care payer, or any 43
amount paid by an employer to an employee for employment in 44
the provision of health care. 45
5. Exceptions to the provisions of subsections 2 and 3 46
of this section shall be pr ovided for as authorized in 42 47
U.S.C. Section 1320a -7b(3)(E), as may be from time to time 48
amended, and regulations promulgated pursuant thereto. 49
6. No person shall knowingly abuse or neglect a person 50
receiving health care. 51
7. A person who violates subsections 1 to 3 of this 52
section is guilty of a class D felony upon his or her first 53
conviction, and shall be guilty of a class B felony upon his 54
or her second and subsequent convictions. Any person who 55
has been convicted of such violations s hall be referred to 56
the Office of Inspector General within the United States 57
Department of Health and Human Services. The person so 58
referred shall be subject to the penalties provided for 59
under 42 U.S.C. Chapter 7, Subchapter XI, Section 1320a -7. 60
A prior conviction shall be pleaded and proven as provided 61
by section 558.021. A person who violates subsection 6 of 62 SCS HB 2088, HB 1705, 14
& HCS HB 1699
this section shall be guilty of a class D felony, unless the 63
act involves no physical, sexual or emotional harm or injury 64
and the value of the property involved is less than five 65
hundred dollars, in which event a violation of subsection 6 66
of this section is a class A misdemeanor. 67
8. Any natural person who willfully prevents, 68
obstructs, misleads, delays, or attempts to prevent, 69
obstruct, mislead, or delay the communication of information 70
or records relating to a violation of sections 191.900 to 71
191.910 is guilty of a class E felony. 72
9. Each separate false statement or false 73
representation of a material fact proscribed by s ubsection 1 74
of this section or act proscribed by subsection 2 or 3 of 75
this section shall constitute a separate offense and a 76
separate violation of this section, whether or not made at 77
the same or different times, as part of the same or separate 78
episodes, as part of the same scheme or course of conduct, 79
or as part of the same claim. 80
10. In a prosecution pursuant to subsection 1 of this 81
section, circumstantial evidence may be presented to 82
demonstrate that a false statement or claim was knowingly 83
made. Such evidence of knowledge may include but shall not 84
be limited to the following: 85
(1) A claim for a health care payment submitted with 86
the health care provider's actual, facsimile, stamped, 87
typewritten or similar signature on the claim fo r health 88
care payment; 89
(2) A claim for a health care payment submitted by 90
means of computer billing tapes or other electronic means; 91
(3) A course of conduct involving other false claims 92
submitted to this or any other health care payer. 93 SCS HB 2088, HB 1705, 15
& HCS HB 1699
11. Any person convicted of a violation of this 94
section, in addition to any fines, penalties or sentences 95
imposed by law, shall be required to make restitution to the 96
federal and state governments, in an amount at least equal 97
to that unlawfully paid t o or by the person, and shall be 98
required to reimburse the reasonable costs attributable to 99
the investigation and prosecution pursuant to sections 100
191.900 to 191.910. All of such restitution shall be paid 101
and deposited to the credit of the "MO HealthN et Fraud 102
Reimbursement Fund", which is hereby established in the 103
state treasury. Moneys in the MO HealthNet fraud 104
reimbursement fund shall be divided and appropriated to the 105
federal government and affected state agencies in order to 106
refund moneys falsely obtained from the federal and state 107
governments. All of such cost reimbursements attributable 108
to the investigation and prosecution shall be paid and 109
deposited to the credit of the "MO HealthNet Fraud 110
Prosecution Revolving Fund", which is hereby e stablished in 111
the state treasury. Moneys in the MO HealthNet fraud 112
prosecution revolving fund may be appropriated to the 113
attorney general, or to any prosecuting or circuit attorney 114
who has successfully prosecuted an action for a violation of 115
sections 191.900 to 191.910 and been awarded such costs of 116
prosecution, in order to defray the costs of the attorney 117
general and any such prosecuting or circuit attorney in 118
connection with their duties provided by sections 191.900 to 119
191.910. No moneys shall be paid into the MO HealthNet 120
fraud protection revolving fund pursuant to this subsection 121
unless the attorney general or appropriate prosecuting or 122
circuit attorney shall have commenced a prosecution pursuant 123
to this section, and the court finds in its discretion that 124
payment of attorneys' fees and investigative costs is 125 SCS HB 2088, HB 1705, 16
& HCS HB 1699
appropriate under all the circumstances, and the attorney 126
general and prosecuting or circuit attorney shall prove to 127
the court those expenses which were reasonable and necessary 128
to the investigation and prosecution of such case, and the 129
court approves such expenses as being reasonable and 130
necessary. Any moneys remaining in the MO HealthNet fraud 131
reimbursement fund after division and appropriation to the 132
federal government and a ffected state agencies shall be used 133
to increase MO HealthNet provider reimbursement until it is 134
at least one hundred percent of the Medicare provider 135
reimbursement rate for comparable services. The provisions 136
of section 33.080 notwithstanding, moneys in the MO 137
HealthNet fraud prosecution revolving fund shall not lapse 138
at the end of the biennium. 139
12. A person who violates subsections 1 to 3 of this 140
section shall be liable for a civil penalty of not less than 141
five thousand dollars and not more than ten thousand dollars 142
for each separate act in violation of such subsections, plus 143
three times the amount of damages which the state and 144
federal government sustained because of the act of that 145
person, except that the court may assess not more than two 146
times the amount of damages which the state and federal 147
government sustained because of the act of the person, if 148
the court finds: 149
(1) The person committing the violation of this 150
section furnished personnel employed by the attorney general 151
and responsible for investigating violations of sections 152
191.900 to 191.910 with all information known to such person 153
about the violation within thirty days after the date on 154
which the defendant first obtained the information; 155
(2) Such person fully cooperated with any government 156
investigation of such violation; and 157 SCS HB 2088, HB 1705, 17
& HCS HB 1699
(3) At the time such person furnished the personnel of 158
the attorney general with the information about the 159
violation, no criminal prosecution, civil action, or 160
administrative action had commenced with respect to such 161
violation, and the person did not have actual knowledge of 162
the existence of an investigation into such violation. 163
13. Upon conviction pursuant to this section, the 164
prosecution authority shall provide writte n notification of 165
the conviction to all regulatory or disciplinary agencies 166
with authority over the conduct of the defendant health care 167
provider. 168
14. The attorney general may bring a civil action 169
against any person who shall receive a health car e payment 170
as a result of a false statement or false representation of 171
a material fact made or caused to be made by that person. 172
The person shall be liable for up to double the amount of 173
all payments received by that person based upon the false 174
statement or false representation of a material fact, and 175
the reasonable costs attributable to the prosecution of the 176
civil action. All such restitution shall be paid and 177
deposited to the credit of the MO HealthNet fraud 178
reimbursement fund, and all such cos t reimbursements shall 179
be paid and deposited to the credit of the MO HealthNet 180
fraud prosecution revolving fund. No reimbursement of such 181
costs attributable to the prosecution of the civil action 182
shall be made or allowed except with the approval of th e 183
court having jurisdiction of the civil action. No civil 184
action provided by this subsection shall be brought if 185
restitution and civil penalties provided by subsections 11 186
and 12 of this section have been previously ordered against 187
the person for the same cause of action. 188 SCS HB 2088, HB 1705, 18
& HCS HB 1699
15. Any person who discovers a violation by himself or 189
herself or such person's organization and who reports such 190
information voluntarily before such information is public or 191
known to the attorney general shall not be prosec uted for a 192
criminal violation. 193
217.035. The director shall have the authority to: 1
(1) Establish, with approval of the governor, the 2
internal organization of the department and file the plan 3
thereof with the secretary of state i n the manner in which 4
administrative rules are filed, the commissioner of 5
administration and the revisor of statutes; 6
(2) Exclusively prepare the budgets of the department 7
and each division within the department in the form and 8
manner set out by statute or by the commissioner of 9
administration; 10
(3) Designate by written order filed with the 11
governor, the president pro tem of the senate, and the 12
chairman of the joint committee on corrections, a deputy 13
director of the department to act for and exercise the 14
powers of the director during the director's absence for 15
official business, vacation, illness or incapacity. The 16
deputy director shall serve as acting director no longer 17
than six months; however, after the deputy director has 18
acted as director for longer than thirty days the deputy 19
director shall receive compensation equal to that of the 20
director; 21
(4) Procure, either through the division of purchasing 22
or by other means authorized by law, supplies, material, 23
equipment or contractual services for the department and 24
each of its divisions; 25
(5) Establish policy for the department and each of 26
its divisions; 27 SCS HB 2088, HB 1705, 19
& HCS HB 1699
(6) Designate any responsibilities, duties and powers 28
given by sections 217.010, [217.810,] 558.011 and 558.026 to 29
the department or the department director to any division or 30
division director. 31
217.541. 1. The department shall by rule establish a 1
program of house arrest. The director or his or her 2
designee may extend the limits of confine ment of offenders 3
serving sentences for class D or E felonies who have one 4
year or less remaining prior to release on parole [, 5
conditional release, ] or discharge to participate in the 6
house arrest program. 7
2. The offender referred to the house ar rest program 8
shall remain in the custody of the department and shall be 9
subject to rules and regulations of the department 10
pertaining to offenders of the department until released on 11
parole [or conditional release ] by the state parole board. 12
3. The department shall require the offender to 13
participate in work or educational or vocational programs 14
and other activities that may be necessary to the 15
supervision and treatment of the offender. 16
4. An offender released to house arrest shall be 17
authorized to leave his or her place of residence only for 18
the purpose and time necessary to participate in the program 19
and activities authorized in subsection 3 of this section. 20
5. The division of probation and parole shall 21
supervise every offender released to the house arrest 22
program and shall verify compliance with the requirements of 23
this section and such other rules and regulations that the 24
department shall promulgate and may do so by remote 25
electronic surveillance. If any probation/parole officer 26
has probable cause to believe that an offender under house 27
arrest has violated a condition of the house arrest 28 SCS HB 2088, HB 1705, 20
& HCS HB 1699
agreement, the probation/parole officer may issue a warrant 29
for the arrest of the offender. The probation/parole 30
officer may effect the arrest or may deputize any officer 31
with the power of arrest to do so by giving the officer a 32
copy of the warrant which shall outline the circumstances of 33
the alleged violation. The warrant delivered with the 34
offender by the arresting officer to t he official in charge 35
of any jail or other detention facility to which the 36
offender is brought shall be sufficient legal authority for 37
detaining the offender. An offender arrested under this 38
section shall remain in custody or incarcerated without 39
consideration of bail. The director or his or her designee, 40
upon recommendation of the probation and parole officer, may 41
direct the return of any offender from house arrest to a 42
correctional facility of the department for reclassification. 43
6. Each offender who is released to house arrest shall 44
pay a percentage of his or her wages, established by 45
department rules, to a maximum of the per capita cost of the 46
house arrest program. The money received from the offender 47
shall be deposited in the inmate fund and shall be expended 48
to support the house arrest program. 49
217.650. As used in sections 217.650 to [217.810] 1
217.805, unless the context clearly indicates otherwise, the 2
following terms mean: 3
(1) "Chairperson", chairperso n of the parole board who 4
shall be appointed by the governor; 5
(2) "Diversionary program", a program designed to 6
utilize alternatives to incarceration undertaken under the 7
supervision of the division of probation and parole after 8
commitment of an offense and prior to arraignment; 9
(3) "Parole", the release of an offender to the 10
community by the court or the state parole board prior to 11 SCS HB 2088, HB 1705, 21
& HCS HB 1699
the expiration of his term, subject to conditions imposed by 12
the court or the parole board and to its super vision by the 13
division of probation and parole; 14
(4) "Parole board", the state board of parole; 15
(5) "Prerelease program", a program relating to an 16
offender's preparation for, or orientation to, supervision 17
by the division of probation and par ole immediately prior to 18
or immediately after assignment of the offender to the 19
division of probation and parole for supervision; 20
(6) "Pretrial program", a program relating to the 21
investigation or supervision of persons referred or assigned 22
to the division of probation and parole prior to their 23
conviction; 24
(7) "Probation", a procedure under which a defendant 25
found guilty of a crime upon verdict or plea is released by 26
the court without imprisonment, subject to conditions 27
imposed by the court and subject to the supervision of the 28
division of probation and parole; 29
(8) "Recognizance program", a program relating to the 30
release of an individual from detention who is under arrest 31
for an offense for which he or she may be released as 32
provided in section 544.455. 33
217.670. 1. The board shall adopt an official seal of 1
which the courts shall take official notice. 2
2. Decisions of the board regarding granting of 3
paroles, extensions of a conditional release date or 4
revocations of a parole or conditional release shall be by a 5
majority vote of the hearing panel members. The hearing 6
panel shall consist of one member of the board and two 7
hearing officers appointed by the board. A member of the 8
board may remove the case from the jurisdiction of the 9
hearing panel and refer it to the full board for a 10 SCS HB 2088, HB 1705, 22
& HCS HB 1699
decision. Within thirty days of entry of the decision of 11
the hearing panel to deny parole or to revoke a parole or 12
conditional release, the offender may appeal the d ecision of 13
the hearing panel to the board. The board shall consider 14
the appeal within thirty days of receipt of the appeal. The 15
decision of the board shall be by majority vote of the board 16
members and shall be final. 17
3. The orders of the board shall not be reviewable 18
except as to compliance with the terms of sections 217.650 19
to [217.810] 217.805 or any rules promulgated pursuant to 20
such section. 21
4. The board shall keep a record of its acts and shall 22
notify each correctional center of i ts decisions relating to 23
persons who are or have been confined in such correctional 24
center. 25
5. Notwithstanding any other provision of law, any 26
meeting, record, or vote, of proceedings involving 27
probation, parole, or pardon, may be a closed meetin g, 28
closed record, or closed vote. 29
6. Notwithstanding any other provision of law, when 30
the appearance or presence of an offender before the board 31
or a hearing panel is required for the purpose of deciding 32
whether to grant conditional release or pa role, extend the 33
date of conditional release, revoke parole or conditional 34
release, or for any other purpose, such appearance or 35
presence may occur by means of a videoconference at the 36
discretion of the board. Victims having a right to attend 37
parole hearings may testify either at the site where the 38
board is conducting the videoconference or at the 39
institution where the offender is located. The use of 40
videoconferencing in this section shall be at the discretion 41 SCS HB 2088, HB 1705, 23
& HCS HB 1699
of the board, and shall not be utili zed if either the victim 42
or the victim's family objects to it. 43
217.690. 1. All releases or paroles shall issue upon 1
order of the parole board, duly adopted. 2
2. Before ordering the parole of any offender, the 3
parole board shall conduct a validated risk and needs 4
assessment and evaluate the case under the rules governing 5
parole that are promulgated by the parole board. The parole 6
board shall then have the offender appear before a hearing 7
panel and shall conduct a personal in terview with him or 8
her, unless waived by the offender, or if the guidelines 9
indicate the offender may be paroled without need for an 10
interview. The guidelines and rules shall not allow for the 11
waiver of a hearing if a victim requests a hearing. The 12
appearance or presence may occur by means of a 13
videoconference at the discretion of the parole board. A 14
parole may be ordered for the best interest of society when 15
there is a reasonable probability, based on the risk 16
assessment and indicators of rele ase readiness, that the 17
person can be supervised under parole supervision and 18
successfully reintegrated into the community, not as an 19
award of clemency; it shall not be considered a reduction of 20
sentence or a pardon. Every offender while on parole sha ll 21
remain in the legal custody of the department but shall be 22
subject to the orders of the parole board. 23
3. The division of probation and parole has 24
discretionary authority to require the payment of a fee, not 25
to exceed sixty dollars per month, f rom every offender 26
placed under division supervision on probation, parole, or 27
conditional release, to waive all or part of any fee, to 28
sanction offenders for willful nonpayment of fees, and to 29
contract with a private entity for fee collections 30 SCS HB 2088, HB 1705, 24
& HCS HB 1699
services. All fees collected shall be deposited in the 31
inmate fund established in section 217.430. Fees collected 32
may be used to pay the costs of contracted collections 33
services. The fees collected may otherwise be used to 34
provide community corrections and intervention services for 35
offenders. Such services include substance abuse assessment 36
and treatment, mental health assessment and treatment, 37
electronic monitoring services, residential facilities 38
services, employment placement services, and other off ender 39
community corrections or intervention services designated by 40
the division of probation and parole to assist offenders to 41
successfully complete probation, parole, or conditional 42
release. The division of probation and parole shall adopt 43
rules not inconsistent with law, in accordance with section 44
217.040, with respect to sanctioning offenders and with 45
respect to establishing, waiving, collecting, and using fees. 46
4. The parole board shall adopt rules not inconsistent 47
with law, in accordance with section 217.040, with respect 48
to the eligibility of offenders for parole, the conduct of 49
parole hearings or conditions to be imposed upon paroled 50
offenders. Whenever an order for parole is issued it shall 51
recite the conditions of such parole. 52
5. When considering parole for an offender with 53
consecutive sentences, the minimum term for eligibility for 54
parole shall be calculated by adding the minimum terms for 55
parole eligibility for each of the consecutive sentences, 56
except the minimum term for parole eligibility shall not 57
exceed the minimum term for parole eligibility for an 58
ordinary life sentence. 59
6. Any offender sentenced to a term of imprisonment 60
amounting to fifteen years or more or multiple terms of 61
imprisonment that, taken t ogether, amount to fifteen or more 62 SCS HB 2088, HB 1705, 25
& HCS HB 1699
years who was under eighteen years of age at the time of the 63
commission of the offense or offenses may be eligible for 64
parole after serving fifteen years of incarceration, 65
regardless of whether the case is final for t he purposes of 66
appeal, and may be eligible for reconsideration hearings in 67
accordance with regulations promulgated by the parole board. 68
7. The provisions of subsection 6 of this section 69
shall not apply to an offender found guilty of murder in the 70
first or second degree or capital murder who was under 71
eighteen years of age when the offender committed the 72
offense or offenses who may be found ineligible for parole 73
or whose parole eligibility may be controlled by section 74
558.047 or 565.033. 75
8. Any offender under a sentence for first degree 76
murder who has been denied release on parole after a parole 77
hearing shall not be eligible for another parole hearing 78
until at least three years from the month of the parole 79
denial; however, this subsect ion shall not prevent a release 80
pursuant to subsection 4 of section 558.011. 81
9. A victim who has requested an opportunity to be 82
heard shall receive notice that the parole board is 83
conducting an assessment of the offender's risk and 84
readiness for release and that the victim's input will be 85
particularly helpful when it pertains to safety concerns and 86
specific protective measures that may be beneficial to the 87
victim should the offender be granted release. 88
10. Parole hearings shall, at a mini mum, contain the 89
following procedures: 90
(1) The victim or person representing the victim who 91
attends a hearing may be accompanied by one other person; 92
(2) The victim or person representing the victim who 93
attends a hearing shall have the optio n of giving testimony 94 SCS HB 2088, HB 1705, 26
& HCS HB 1699
in the presence of the inmate or to the hearing panel 95
without the inmate being present; 96
(3) The victim or person representing the victim may 97
call or write the parole board rather than attend the 98
hearing; 99
(4) The victim or person representing the victim may 100
have a personal meeting with a parole board member at the 101
parole board's central office; 102
(5) The judge, prosecuting attorney or circuit 103
attorney and a representative of the local law enforcement 104
agency investigating the crime shall be allowed to attend 105
the hearing or provide information to the hearing panel in 106
regard to the parole consideration; and 107
(6) The parole board shall evaluate information listed 108
in the juvenile sex offender registry pursuant to section 109
211.425, provided the offender is between the ages of 110
seventeen and twenty -one, as it impacts the safety of the 111
community. 112
11. The parole board shall notify any person of the 113
results of a parole eligibility hearing if the person 114
indicates to the parole board a desire to be notified. 115
12. The parole board may, at its discretion, require 116
any offender seeking parole to meet certain conditions 117
during the term of that parole so long as said conditions 118
are not illegal or impossible f or the offender to perform. 119
These conditions may include an amount of restitution to the 120
state for the cost of that offender's incarceration. 121
13. Special parole conditions shall be responsive to 122
the assessed risk and needs of the offender or the need for 123
extraordinary supervision, such as electronic monitoring. 124
The parole board shall adopt rules to minimize the 125
conditions placed on low -risk cases, to frontload conditions 126 SCS HB 2088, HB 1705, 27
& HCS HB 1699
upon release, and to require the modification and reduction 127
of conditions based on the person's continuing stability in 128
the community. Parole board rules shall permit parole 129
conditions to be modified by parole officers with review and 130
approval by supervisors. 131
14. Nothing contained in this section shall be 132
construed to require the release of an offender on parole 133
nor to reduce the sentence of an offender heretofore 134
committed. 135
15. Beginning January 1, 2001, the parole board shall 136
not order a parole unless the offender has obtained a high 137
school diploma or it s equivalent, or unless the parole board 138
is satisfied that the offender, while committed to the 139
custody of the department, has made an honest good -faith 140
effort to obtain a high school diploma or its equivalent; 141
provided that the director may waive this requirement by 142
certifying in writing to the parole board that the offender 143
has actively participated in mandatory education programs or 144
is academically unable to obtain a high school diploma or 145
its equivalent. 146
16. Any rule or portion of a rule, as that term is 147
defined in section 536.010, that is created under the 148
authority delegated in this section shall become effective 149
only if it complies with and is subject to all of the 150
provisions of chapter 536 and, if applicable, section 151
536.028. This section and chapter 536 are nonseverable and 152
if any of the powers vested with the general assembly 153
pursuant to chapter 536 to review, to delay the effective 154
date, or to disapprove and annul a rule are subsequently 155
held unconstitutional, then the grant of rulemaking 156
authority and any rule proposed or adopted after August 28, 157
2005, shall be invalid and void. 158 SCS HB 2088, HB 1705, 28
& HCS HB 1699
217.705. 1. The director of the division of probation 1
and parole shall appoint probation and parole officers and 2
institutional parole officers as deemed necessary to carry 3
out the purposes of the board. 4
2. Probation and parole officers shall investigate all 5
persons referred to them for investigation by the board or 6
by any court as provided by sections 217.750 and 217. 760. 7
They shall furnish to each offender released under their 8
supervision a written statement of the conditions of 9
probation[,] or parole [or conditional release ] and shall 10
instruct the offender regarding these conditions. They 11
shall keep informed o f the offender's conduct and condition 12
and use all suitable methods to aid and encourage the 13
offender to bring about improvement in the offender's 14
conduct and conditions. 15
3. The probation and parole officer may recommend and, 16
by order duly entere d, the court may impose and may at any 17
time modify any conditions of probation. The court shall 18
cause a copy of any such order to be delivered to the 19
probation and parole officer and the offender. 20
4. Probation and parole officers shall keep detai led 21
records of their work and shall make such reports in writing 22
and perform such other duties as may be incidental to those 23
enumerated that the board may require. In the event a 24
parolee is transferred to another probation and parole 25
officer, the written record of the former probation and 26
parole officer shall be given to the new probation and 27
parole officer. 28
5. Institutional parole officers shall investigate all 29
offenders referred to them for investigation by the board 30
and shall provide the board such other reports the board may 31
require. They shall furnish the offender prior to release 32 SCS HB 2088, HB 1705, 29
& HCS HB 1699
on parole [or conditional release ] a written statement of 33
the conditions of parole [or conditional release ] and shall 34
instruct the offender regarding thes e conditions. 35
6. The department shall furnish probation and parole 36
officers and institutional parole officers, including 37
supervisors, with credentials and a special badge which such 38
officers and supervisors shall carry on their person at all 39
times while on duty. 40
217.710. 1. Probation and parole officers, 1
supervisors and members of the parole board, who are 2
certified pursuant to the requirements of subsection 2 of 3
this section shall have the authority to carry their 4
firearms at all times. The department of corrections shall 5
promulgate policies and operating regulations which govern 6
the use of firearms by probation and parole officers, 7
supervisors and members of the parole board when carrying 8
out the provisions of sectio ns 217.650 to [217.810] 9
217.805. Mere possession of a firearm shall not constitute 10
an employment activity for the purpose of calculating 11
compensatory time or overtime. 12
2. The department shall determine the content of the 13
required firearms safety training and provide firearms 14
certification and recertification training for probation and 15
parole officers, supervisors and members of the parole 16
board. A minimum of sixteen hours of firearms safety 17
training shall be required. In no event shall firea rms 18
certification or recertification training for probation and 19
parole officers and supervisors exceed the training required 20
for officers of the state highway patrol. 21
3. The department shall determine the type of firearm 22
to be carried by the offi cers, supervisors and members of 23
the parole board. 24 SCS HB 2088, HB 1705, 30
& HCS HB 1699
4. Any officer, supervisor or member of the parole 25
board that chooses to carry a firearm in the performance of 26
such officer's, supervisor's or member's duties shall 27
purchase the firearm and holst er. 28
5. The department shall furnish such ammunition as is 29
necessary for the performance of the officer's, supervisor's 30
and member's duties. 31
6. Any rule or portion of a rule, as that term is 32
defined in section 536.010, that is promulgated und er the 33
authority of this chapter, shall become effective only if 34
the agency has fully complied with all of the requirements 35
of chapter 536 including but not limited to, section 36
536.028, if applicable, after August 28, 1998. All 37
rulemaking authority d elegated prior to August 28, 1998, is 38
of no force and effect and repealed as of August 28, 1998, 39
however nothing in section 571.030 or this section shall be 40
interpreted to repeal or affect the validity of any rule 41
adopted and promulgated prior to Augus t 28, 1998. If the 42
provisions of section 536.028 apply, the provisions of this 43
section are nonseverable and if any of the powers vested 44
with the general assembly pursuant to section 536.028 to 45
review, to delay the effective date, or to disapprove and 46
annul a rule or portion of a rule are held unconstitutional 47
or invalid, the purported grant of rulemaking authority and 48
any rule so proposed and contained in the order of 49
rulemaking shall be invalid and void, except that nothing in 50
section 571.030 or this section shall affect the validity of 51
any rule adopted and promulgated prior to August 28, 1998. 52
217.718. 1. As an alternative to the revocation 1
proceedings provided under sections 217.720, 217.722, and 2
559.036, and if the court has not otherwise required 3
detention to be a condition of probation under section 4 SCS HB 2088, HB 1705, 31
& HCS HB 1699
559.026, a probation or parole officer may order an offender 5
to submit to a period of detention in the county jail, or 6
other appropriate institution, upon a determinatio n by a 7
probation or parole officer that the offender has violated a 8
condition of continued probation or parole. 9
2. The period of detention may not exceed forty -eight 10
hours the first time it is imposed against an offender 11
during a term of probatio n or parole. Subsequent periods 12
may exceed forty-eight hours, but the total number of hours 13
an offender spends in detention under this section shall not 14
exceed three hundred sixty in any calendar year. 15
3. The officer shall present the offender wi th a 16
written report detailing in what manner the offender has 17
violated the conditions of parole, probation, or conditional 18
release and advise the offender of the right to a hearing 19
before the court or board prior to the period of detention. 20
The division shall file a copy of the violation report with 21
the sentencing court or board after the imposition of the 22
period of detention and within a reasonable period of time 23
that is consistent with existing division procedures. 24
4. Any offender detained under this section in a 25
county of the first class or second class or in any city 26
with a population of five hundred thousand or more and 27
detained as herein provided shall be subject to all the 28
provisions of section 221.170, even though the offender was 29
not convicted and sentenced to a jail or workhouse. 30
5. If parole[,] or probation[, or conditional release ] 31
is revoked and a term of imprisonment is served by reason 32
thereof, the time spent in a jail, halfway house, honor 33
center, workhouse, or oth er institution as a detention 34
condition of parole[,] or probation[, or conditional 35
release] shall be credited against the prison or jail term 36 SCS HB 2088, HB 1705, 32
& HCS HB 1699
served for the offense in connection with which the 37
detention was imposed. 38
6. The division shall reimbur se the county jail or 39
other institution for the costs of detention under this 40
section at a rate determined by the department of 41
corrections, which shall be at least thirty dollars per day 42
per offender and subject to appropriation of funds by the 43
general assembly. Prior to ordering the offender to submit 44
to the period of detention under subsection 1 of this 45
section, the probation and parole officer shall certify to 46
the county jail or institution that the division has 47
sufficient funds to provide rei mbursement for the costs of 48
the period of detention. A jail or other institution may 49
refuse to detain an offender under this section if funds are 50
not available to provide reimbursement or if there is 51
inadequate space in the facility for the offender. 52
7. Upon successful completion of the period of 53
detention under this section, the court or board may not 54
revoke the term of parole [,] or probation[, or conditional 55
release] or impose additional periods of detention for the 56
same incident unless new or additional information is 57
discovered that was unknown to the division when the period 58
of detention was imposed and indicates that the offender was 59
involved in the commission of a crime. If the offender 60
fails to complete the period of detention or new or 61
additional information is discovered that the incident 62
involved a crime, the offender may be arrested under 63
sections 217.720 and 217.722. 64
217.720. 1. At any time during release on parole or 1
conditional release the division o f probation and parole may 2
issue a warrant for the arrest of a released offender for 3
violation of any of the conditions of parole or conditional 4 SCS HB 2088, HB 1705, 33
& HCS HB 1699
release. The warrant shall authorize any law enforcement 5
officer to return the offender to the actual cust ody of the 6
correctional center from which the offender was released, or 7
to any other suitable facility designated by the division. 8
If any parole or probation officer has probable cause to 9
believe that such offender has violated a condition of 10
parole or conditional release, the probation or parole 11
officer may issue a warrant for the arrest of the offender. 12
The probation or parole officer may effect the arrest or may 13
deputize any officer with the power of arrest to do so by 14
giving the officer a cop y of the warrant which shall outline 15
the circumstances of the alleged violation and contain the 16
statement that the offender has, in the judgment of the 17
probation or parole officer, violated conditions of parole 18
or conditional release. The warrant delivered with the 19
offender by the arresting officer to the official in charge 20
of any facility designated by the division to which the 21
offender is brought shall be sufficient legal authority for 22
detaining the offender. After the arrest the parole or 23
probation officer shall present to the detaining authorities 24
a similar statement of the circumstances of violation. 25
Pending hearing as hereinafter provided, upon any charge of 26
violation, the offender shall remain in custody or 27
incarcerated without conside ration of bail. 28
2. If the offender is arrested under the authority 29
granted in subsection 1 of this section, the offender shall 30
have the right to a preliminary hearing on the violation 31
charged unless the offender waives such hearing. Upon such 32
arrest and detention, the parole or probation officer shall 33
immediately notify the board and shall submit in writing a 34
report showing in what manner the offender has violated the 35
conditions of his parole or conditional release. The board 36 SCS HB 2088, HB 1705, 34
& HCS HB 1699
shall order the offender discharged from such facility, 37
require as a condition of parole or conditional release the 38
placement of the offender in a treatment center operated by 39
the department of corrections, or shall cause the offender 40
to be brought before it for a he aring on the violation 41
charged, under such rules and regulations as the board may 42
adopt. If the violation is established and found, the board 43
may continue or revoke the parole or conditional release, or 44
enter such other order as it may see fit. If no violation 45
is established and found, then the parole or conditional 46
release shall continue. If at any time during release on 47
parole or conditional release the offender is arrested for a 48
crime which later leads to conviction, and sentence is then 49
served outside the Missouri department of corrections, the 50
board shall determine what part, if any, of the time from 51
the date of arrest until completion of the sentence imposed 52
is counted as time served under the sentence from which the 53
offender was paroled or conditionally released. 54
3. An offender for whose return a warrant has been 55
issued by the division shall, if it is found that the 56
warrant cannot be served, be deemed to be a fugitive from 57
justice or to have fled from justice. If it shall appear 58
that the offender has violated the provisions and conditions 59
of his parole or conditional release, the board shall 60
determine whether the time from the issuing date of the 61
warrant to the date of his arrest on the warrant, or 62
continuance on parole or conditional release shall be 63
counted as time served under the sentence. In all other 64
cases, time served on parole or conditional release shall be 65
counted as time served under the sentence. 66
4. At any time during parole or probation, the 67
division may issue a warrant for the arrest of any person 68 SCS HB 2088, HB 1705, 35
& HCS HB 1699
from another jurisdiction [, the visitation and supervision 69
of whom the division has undertaken pursuant to the 70
provisions of the interstate compact for the supervision of 71
parolees and probationers autho rized in section 217.810, ] 72
for violation of any of the conditions of release [,] or a 73
notice to appear to answer a charge of violation. The 74
notice shall be served personally upon the person. The 75
warrant shall authorize any law enforcement officer to 76
return the offender to any suitable detention facility 77
designated by the division. Any parole or probation officer 78
may arrest such person without a warrant, or may deputize 79
any other officer with power of arrest to do so by issuing a 80
written statement setting forth that the defendant has, in 81
the judgment of the parole or probation officer, violated 82
the conditions of his release. The written statement 83
delivered with the person by the arresting officer to the 84
official in charge of the detention faci lity to which the 85
person is brought shall be sufficient legal authority for 86
detaining him. After making an arrest the parole or 87
probation officer shall present to the detaining authorities 88
a similar statement of the circumstances of violation. 89
217.730. 1. The period served on parole, except for 1
judicial parole granted or revoked pursuant to section 2
559.100, shall be deemed service of the term of imprisonment 3
and, subject to the provisions of section 217.720 relating 4
to an offender who is or has been a fugitive from justice, 5
the total time served may not exceed the maximum term or 6
sentence. 7
2. When an offender on parole [or conditional 8
release], before the expiration of the term for which the 9
offender was sentenced, has performed the obligation of his 10
parole for such time as satisfies the board that his final 11 SCS HB 2088, HB 1705, 36
& HCS HB 1699
release is not incompatible with the best interest of 12
society and the welfare of the individual, the board may 13
make a final order of discharge and issue a certificate of 14
discharge to the offender. No such order of discharge shall 15
be made in any case less than three years after the date on 16
which the offender was paroled [or conditionally released ] 17
except where the sentence expires earlier. 18
3. Upon final discharge, persons shall be informed in 19
writing on the process and procedure to register to vote. 20
217.940. 1. This act establishes the "Correctional 1
Center Nursery Program". The department of corrections 2
shall, subject to appropriations, establish a correctional 3
center nursery in one or more of the correctional centers 4
for women operated by the department, no later than July 1, 5
2025. The purpose of the correctional center nursery 6
program is for bonding and unification between the mother 7
and child. The program shall allow eligible inmates and 8
children born from them while in the custody of the 9
department to reside together in the institution for up to 10
eighteen months post -delivery. In establishing this 11
program, neither the inmate's participation in the program 12
nor any provision of sections 217.940 to 217.947 shall 13
affect, modify, or interfere with the inmate's custodial 14
rights to the child nor does it establish legal custody of 15
the child with the department. 16
2. As used in sections 217.940 to 217.947, the 17
following terms shall mean: 18
(1) "Correctional center nursery program", the program 19
authorized by sections 217.940 to 217.947; 20
(2) "Department", the department of corrections; 21
(3) "Public assistance", all forms of assistance, 22
including monetary assistance from any public source paid 23 SCS HB 2088, HB 1705, 37
& HCS HB 1699
either to the mother or child or any other person on behalf 24
of the child; 25
(4) "Support", the payment of money, including 26
interest: 27
(a) For a child or spouse ordered by a court of 28
competent jurisdiction, whether the payment is ordered in an 29
emergency, temporary, permanent, or modified order, the 30
amount of unpaid support shall bear simple interest from the 31
date it accrued, at a rate of ten dol lars upon one hundred 32
dollars per annum, and proportionately for a greater or 33
lesser sum, or for a longer or shorter time; 34
(b) To third parties on behalf of a child or spouse, 35
including, but not limited to, payments to medical, dental 36
or educational providers, payments to insurers for health 37
and hospitalization insurance, payments of residential rent 38
or mortgage payments, payments on an automobile, or payments 39
for day care; or 40
(c) For a mother, ordered by a court of competent 41
jurisdiction, for the necessary expenses incurred by or for 42
the mother in connection with her confinement or of other 43
expenses in connection with the pregnancy of the mother. 44
217.941. 1. An inmate is eligible to participate in 1
the correctional center nursery program if: 2
(1) She delivers the child while in the custody of the 3
department; 4
(2) She is expected to give birth or gives birth on or 5
after the date the program is implemented; 6
(3) She has a presumptive release date esta blished by 7
the parole board of eighteen months or less from the date 8
she applies to participate in the program; 9
(4) She has not pled guilty to or been convicted of a 10
dangerous felony as defined in section 556.061; 11 SCS HB 2088, HB 1705, 38
& HCS HB 1699
(5) She has not pled guilty to or been convicted of 12
any sexual offense contained in chapter 566 where the victim 13
of the crime was a minor; 14
(6) She has not pled guilty to or been convicted of an 15
offense against the family contained in chapter 568, 16
excluding criminal nonsupp ort; and 17
(7) She and the child meet any other criteria 18
established by the department. 19
2. Placement into the program shall be by internal 20
classification of the department. A sentencing court is 21
without jurisdiction to order a placement of an inmate into 22
the program. 23
3. Program capacity shall be determined by the 24
department. 25
4. Upon first release of the mother and child, the 26
child shall not be eligible to return to the program if the 27
mother is revoked or receives a new assignme nt to the 28
department of corrections. 29
217.942. 1. To participate in the correctional center 1
nursery program, each eligible inmate selected by the 2
department shall agree in writing to: 3
(1) Comply with all department policies, pr ocedures 4
and other requirements related to the corrections nursery 5
program and rules that apply to all incarcerated offenders 6
generally; 7
(2) If eligible, have the child participate in the 8
state children's health insurance program under sections 9
208.631 to 208.658; 10
(3) Abide by any court decisions regarding the 11
allocation of parental rights and responsibilities with 12
respect to the child; and 13 SCS HB 2088, HB 1705, 39
& HCS HB 1699
(4) Specify with whom the child is to be placed in the 14
event the inmate's participation in t he program is 15
terminated for a reason other than release from imprisonment. 16
2. The department shall be required to establish 17
policy for the operation of the program. 18
217.943. An inmate's participation in the correctional 1
center nursery program may be terminated by the department 2
if one of the following occurs: 3
(1) The inmate fails to comply with the agreement 4
entered into under section 217.942; 5
(2) The inmate violates an institutional rule that 6
results in alternative housing placement outside of the area 7
designated for the program; 8
(3) The inmate's child becomes seriously ill, cannot 9
receive the necessary medical care, or otherwise cannot 10
safely participate in the program; 11
(4) A court of competent ju risdiction grants custody 12
of the child to a person other than the inmate; 13
(5) A court of competent jurisdiction issues an order 14
regarding the child granting temporary, permanent, or legal 15
custody of the child to a person other than the inmate, or 16
to a public children services agency or private child 17
placing agency; or 18
(6) The inmate is released from imprisonment. 19
217.944. 1. The division of child support enforcement 1
shall collect support payments made pursuant to the 2
assignment and forward them to the department for deposit 3
into the inmate's inmate banking account. 4
2. The department may accept monetary and property 5
donations on behalf of the program. 6
3. All donations accepted by the department for the 7
correctional center nursery program shall be used solely for 8 SCS HB 2088, HB 1705, 40
& HCS HB 1699
any expenses relating to the operation and maintenance of 9
the program. 10
4. No donations of property shall be made on behalf of 11
one particular inmate or child to be used while incarcerated. 12
5. Financial donations, public assistance, or support 13
for a specific inmate or child shall be made through the 14
inmate banking system. 15
217.945. 1. There is hereby created in the state 1
treasury the "Correctional Center Nursery P rogram Fund", 2
which shall consist of money collected under this section 3
and section 217.944 as well as any appropriations made by 4
the general assembly. The department shall obtain 5
sufficient resources to initiate and maintain the program 6
and may accept gifts, grants, and donations of any kind. 7
The state treasurer shall be custodian of the fund. In 8
accordance with sections 30.170 and 30.180, the state 9
treasurer may approve disbursements. The fund shall be a 10
dedicated fund and money in the fund sh all be used solely by 11
the department for the purposes of operating and maintaining 12
sections 217.940 to 217.947. 13
2. Notwithstanding the provisions of section 33.080 to 14
the contrary, any moneys remaining in the fund at the end of 15
the biennium shall not revert to the credit of the general 16
revenue fund. 17
3. The state treasurer shall invest moneys in the fund 18
in the same manner as other funds are invested. Any interest 19
and moneys earned on such investments shall be credited to 20
the fund. 21
217.946. Notwithstanding any other provision of law to 1
the contrary, neither the correctional center nursery 2
program nor the department, with respect to the program, is 3
subject to any regulation, licensing or oversight by the 4 SCS HB 2088, HB 1705, 41
& HCS HB 1699
department of health and senior services, department of 5
social services, children's division, juvenile officer of 6
any jurisdiction or the office of childhood unless the 7
department voluntarily agrees to services, regulation, 8
licensing, or oversight from any of the aforementioned 9
entities. 10
217.947. The operation of a correctional center 1
nursery program established under sections 217.940 to 2
217.947 and the presence of children of inmates 3
participating in the correctional center nursery p rogram 4
shall not be considered a dangerous condition that would 5
result in a waiver of sovereign immunity under section 6
537.600. The sovereign immunity provisions under section 7
537.600 and any other statute regarding the sovereign 8
immunity of the stat e or public entities in existence as of 9
August 28, 2022, shall remain in effect and shall be applied 10
in the same manner as such provisions were applied prior to 11
the establishment of the correctional center nursery program 12
under sections 217.940 to 217. 947. 13
304.022. 1. Upon the immediate approach of an 1
emergency vehicle giving audible signal by siren or while 2
having at least one lighted lamp exhibiting red light 3
visible under normal atmospheric conditions from a distance 4
of five hundred feet to the front of such vehicle or a 5
flashing blue light authorized by section 307.175, the 6
driver of every other vehicle shall yield the right -of-way 7
and shall immediately drive to a position parallel to, and 8
as far as possible to the right of, the traveled portion of 9
the highway and thereupon stop and remain in such position 10
until such emergency vehicle has passed, except when 11
otherwise directed by a police or traffic officer. 12 SCS HB 2088, HB 1705, 42
& HCS HB 1699
2. Upon approaching a stationary vehicle displaying 13
lighted red or red and blue lights, or a stationary vehicle 14
displaying lighted amber or amber and white lights, the 15
driver of every motor vehicle shall: 16
(1) Proceed with caution and yield the right -of-way, 17
if possible with due regard to safety and tr affic 18
conditions, by making a lane change into a lane not adjacent 19
to that of the stationary vehicle, if on a roadway having at 20
least four lanes with not less than two lanes proceeding in 21
the same direction as the approaching vehicle; or 22
(2) Proceed with due caution and reduce the speed of 23
the vehicle, maintaining a safe speed for road conditions, 24
if changing lanes would be unsafe or impossible. 25
3. The motorman of every streetcar shall immediately 26
stop such car clear of any intersection a nd keep it in such 27
position until the emergency vehicle has passed, except as 28
otherwise directed by a police or traffic officer. 29
4. An "emergency vehicle" is a vehicle of any of the 30
following types: 31
(1) A vehicle operated by the state highwa y patrol, 32
the state water patrol, the Missouri capitol police, a 33
conservation agent, or a state , county, or municipal park 34
ranger, those vehicles operated by enforcement personnel of 35
the state highways and transportation commission, police or 36
fire department, sheriff, constable or deputy sheriff, 37
federal law enforcement officer authorized to carry firearms 38
and to make arrests for violations of the laws of the United 39
States, traffic officer, coroner, medical examiner, or 40
forensic investigator of the county medical examiner's 41
office, or by a privately owned emergency vehicle company; 42 SCS HB 2088, HB 1705, 43
& HCS HB 1699
(2) A vehicle operated as an ambulance or operated 43
commercially for the purpose of transporting emergency 44
medical supplies or organs; 45
(3) Any vehicle qualifying as an emergency vehicle 46
pursuant to section 307.175; 47
(4) Any wrecker, or tow truck or a vehicle owned and 48
operated by a public utility or public service corporation 49
while performing emergency service; 50
(5) Any vehicle transporting equip ment designed to 51
extricate human beings from the wreckage of a motor vehicle; 52
(6) Any vehicle designated to perform emergency 53
functions for a civil defense or emergency management agency 54
established pursuant to the provisions of chapter 44; 55
(7) Any vehicle operated by an authorized employee of 56
the department of corrections who, as part of the employee's 57
official duties, is responding to a riot, disturbance, 58
hostage incident, escape or other critical situation where 59
there is the threat of serious physical injury or death, 60
responding to mutual aid call from another criminal justice 61
agency, or in accompanying an ambulance which is 62
transporting an offender to a medical facility; 63
(8) Any vehicle designated to perform hazardous 64
substance emergency functions established pursuant to the 65
provisions of sections 260.500 to 260.550; 66
(9) Any vehicle owned by the state highways and 67
transportation commission and operated by an authorized 68
employee of the department of transportation that is marked 69
as a department of transportation emergency response or 70
motorist assistance vehicle; or 71
(10) Any vehicle owned and operated by the civil 72
support team of the Missouri National Guard while in 73
response to or during operations involving ch emical, 74 SCS HB 2088, HB 1705, 44
& HCS HB 1699
biological, or radioactive materials or in support of 75
official requests from the state of Missouri involving 76
unknown substances, hazardous materials, or as may be 77
requested by the appropriate state agency acting on behalf 78
of the governor. 79
5. (1) The driver of any vehicle referred to in 80
subsection 4 of this section shall not sound the siren 81
thereon or have the front red lights or blue lights on 82
except when such vehicle is responding to an emergency call 83
or when in pursuit of an actual or suspected law violator, 84
or when responding to, but not upon returning from, a fire. 85
(2) The driver of an emergency vehicle may: 86
(a) Park or stand irrespective of the provisions of 87
sections 304.014 to 304.025; 88
(b) Proceed past a red or stop signal or stop sign, 89
but only after slowing down as may be necessary for safe 90
operation; 91
(c) Exceed the prima facie speed limit so long as the 92
driver does not endanger life or property; 93
(d) Disregard regulations governing direction o f 94
movement or turning in specified directions. 95
(3) The exemptions granted to an emergency vehicle 96
pursuant to subdivision (2) of this subsection shall apply 97
only when the driver of any such vehicle while in motion 98
sounds audible signal by bell, s iren, or exhaust whistle as 99
may be reasonably necessary, and when the vehicle is 100
equipped with at least one lighted lamp displaying a red 101
light or blue light visible under normal atmospheric 102
conditions from a distance of five hundred feet to the front 103
of such vehicle. 104
6. No person shall purchase an emergency light as 105
described in this section without furnishing the seller of 106 SCS HB 2088, HB 1705, 45
& HCS HB 1699
such light an affidavit stating that the light will be used 107
exclusively for emergency vehicle purposes. 108
7. Violation of this section shall be deemed a class A 109
misdemeanor. 110
407.1700. 1. For the purposes of this section, the 1
following terms shall mean: 2
(1) "Consumer product", any tangible personal property 3
that is distributed in commerce an d that is normally used 4
for personal, family, or household purposes, including any 5
such property intended to be attached to or installed in any 6
real property without regard to whether the personal 7
property is so attached or installed; 8
(2) "High-volume third-party seller", a participant in 9
an online marketplace who is a third -party seller and who, 10
in any continuous twelve -month period during the previous 11
twenty-four months, has entered into two hundred or more 12
discrete sales or transactions of new or unused consumer 13
products with an aggregate total of five thousand dollars or 14
more in gross revenue. For purposes of calculating the 15
number of discrete sales or transactions or the aggregate 16
gross revenues under this subdivision, an online marke tplace 17
shall be required to count only sales or transactions made 18
through the online marketplace and for which payment was 19
processed by the online marketplace, either directly or 20
through its payment processor; 21
(3) "Online marketplace", any person or entity that 22
operates a consumer-directed, electronically -based or 23
accessed platform that: 24
(a) Includes features that allow for, facilitate, or 25
enable third-party sellers to engage in the sale, purchase, 26
payment, storage, shipping, or delivery of a consumer 27
product in the United States; 28 SCS HB 2088, HB 1705, 46
& HCS HB 1699
(b) Is used by one or more third -party sellers for 29
such purposes; and 30
(c) Has a contractual or similar relationship with 31
consumers governing its use of the platform to purchase 32
consumer products; 33
(4) "Seller", a person who sells, offers to sell, or 34
contracts to sell a consumer product through an online 35
marketplace's platform; 36
(5) "Third-party seller", any seller, independent of 37
an online marketplace, who sells, offers to sell, or 38
contracts to sell a consumer product through an online 39
marketplace. This term shall not include a seller who: 40
(a) Operates the online marketplace's platform; or 41
(b) Is a business entity that has: 42
a. Made available to the general public t he entity's 43
name, business address, and working contact information; 44
b. An ongoing contractual relationship with the online 45
marketplace to provide the online marketplace with the 46
manufacture, distribution, wholesaling, or fulfillment of 47
shipments of consumer products; and 48
c. Provided to the online marketplace identifying 49
information, as described in subparagraph a. of this 50
paragraph, that has been verified under subsection 2 of this 51
section; 52
(6) "Verify", to confirm information prov ided to an 53
online marketplace under this section, which may include the 54
use of one or more methods that enable the online 55
marketplace to reliably determine that any information and 56
documents provided are valid, corresponding to the seller or 57
an individual acting on the seller's behalf; not 58
misappropriated; and not falsified. 59 SCS HB 2088, HB 1705, 47
& HCS HB 1699
2. An online marketplace shall require any high -volume 60
third-party seller on the online marketplace to provide, no 61
later than ten days after qualifying as a high -volume third- 62
party seller, the following information: 63
(1) Bank account information, including a bank account 64
number or, if such seller does not have a bank account, the 65
name of the payee for payments issued by the online 66
marketplace to such seller. The bank account or payee 67
information required under this subdivision may be provided 68
by the seller in the following ways: 69
(a) To the online marketplace; or 70
(b) To a payment processor or other third -party 71
contracted by the online marketplace to m aintain such 72
information, provided that the online marketplace ensures 73
that it may obtain such information on demand from such 74
payment processor or other third -party; 75
(2) Contact information for such seller, including the 76
following: 77
(a) With respect to a high-volume third-party seller 78
who is an individual, the individual's name; or 79
(b) With respect to a high -volume third-party seller 80
who is not an individual, one of the following forms of 81
contact information: 82
a. A copy of a valid government-issued identification 83
for an individual acting on behalf of such seller that 84
includes the individual's name; or 85
b. A copy of a valid government -issued record or tax 86
document that includes the business name and physical 87
address of such seller; 88
(3) A current working email address and phone number 89
for such seller; and 90 SCS HB 2088, HB 1705, 48
& HCS HB 1699
(4) A business tax identification number or, if such 91
seller does not have a business tax identification number, a 92
taxpayer identification number. 93
3. An online marketplace shall: 94
(1) Periodically, but no less than annually, notify 95
any high-volume third-party seller on such online 96
marketplace's platform of the requirement to keep any 97
information collected under subsection 2 of this section 98
current; and 99
(2) Require any high-volume third-party seller on such 100
online marketplace's platform to, no later than ten days 101
after receiving the notice under subdivision (1) of this 102
subsection, electronically certify that: 103
(a) The seller has provided any changes to such 104
information to the online marketplace if any such changes 105
have occurred; 106
(b) There have been no changes to such seller's 107
information; or 108
(c) Such seller has provided any changes to such 109
information to the online ma rketplace. 110
4. In the event that a high -volume third-party seller 111
does not provide the information or certification required 112
under subsections 2 and 3 of this section, the online 113
marketplace shall, after providing the seller with written 114
or electronic notice and an opportunity to provide such 115
information or certification no later than ten days after 116
the issuance of such notice, suspend any future sales 117
activity of such seller until such seller provides such 118
information or certification. 119
5. (1) An online marketplace shall: 120 SCS HB 2088, HB 1705, 49
& HCS HB 1699
(a) Verify the information collected in subsection 2 121
of this section no later than ten days after such 122
collection; and 123
(b) Verify any change to such information no later 124
than ten days after being notified of such change by a high - 125
volume third-party seller under subsection 3 of this section. 126
(2) In the case of a high -volume third-party seller 127
who provides a copy of a valid government -issued tax 128
document, any information contained in such tax documen t 129
shall be presumed to be verified as of the date of issuance 130
of such document. 131
(3) Data collected to comply solely with the 132
requirements of this section shall not be used for any other 133
purpose unless required by law. 134
(4) An online marketplace shall implement and maintain 135
reasonable security procedures and practices, including 136
administrative, physical, and technical safeguards, 137
appropriate to the nature of the data and the purposes for 138
which the data will be used, to protect the data col lected 139
to comply with the requirements of this section from 140
unauthorized use, disclosure, access, destruction, or 141
modification. 142
6. (1) An online marketplace shall: 143
(a) Require any high-volume third-party seller with an 144
aggregate total of t wenty thousand dollars or more in annual 145
gross revenues on such online marketplace, and that uses 146
such online marketplace's platform, to provide the 147
information described in subdivision (2) of this subsection 148
to the online marketplace; and 149
(b) Disclose the information described in subdivision 150
(2) of this subsection to consumers in a clear and 151
conspicuous manner in the order confirmation message or 152 SCS HB 2088, HB 1705, 50
& HCS HB 1699
other document or communication made to a consumer after a 153
purchase is finalized and in the consu mer's account 154
transaction history. 155
(2) The information required shall be the following: 156
(a) Subject to subdivision (3) of this subsection, the 157
identity of the high -volume third-party seller, including: 158
a. The full name of the seller, wh ich may include the 159
seller's name or seller's company name, or the name by which 160
the seller or company operates on the online marketplace; 161
b. The physical address of the seller; and 162
c. Contact information for the seller, to allow for 163
the direct, unhindered communication with high -volume third- 164
party sellers by users of the online marketplace, including: 165
(i) A current working phone number; 166
(ii) A current working email address; or 167
(iii) Other means of direct electronic messagi ng, 168
which may be provided to such seller by the online 169
marketplace; and 170
(b) Whether the high-volume third-party seller used a 171
different seller to supply the consumer product to the 172
consumer upon purchase and, upon the request of an 173
authenticated purchaser, the information described in 174
paragraph (a) of this subdivision relating to any such 175
seller who supplied the consumer product to the purchaser if 176
such seller is different than the high -volume third-party 177
seller listed on the product listing prior to purchase. 178
(3) Subject to subdivision (2) of this subsection, 179
upon the request of a high -volume third-party seller, an 180
online marketplace may provide for partial disclosure of the 181
identity information required under paragraph (a) of 182
subdivision (2) of this subsection in the following 183
situations: 184 SCS HB 2088, HB 1705, 51
& HCS HB 1699
(a) If such seller certifies to the online marketplace 185
that the seller does not have a business address and only 186
has a residential street address, or has a combined business 187
and residential address, the online marketplace may: 188
a. Disclose only the country and, if applicable, the 189
state in which such seller resides; and 190
b. Inform consumers that there is no business address 191
available for the seller and that consumer inquiries sh ould 192
be submitted to the seller by phone, email, or other means 193
of electronic messaging provided to such seller by the 194
online marketplace; 195
(b) If such seller certifies to the online marketplace 196
that the seller is a business that has a physical ad dress 197
for product returns, the online marketplace may disclose the 198
seller's physical address for product returns; and 199
(c) If such seller certifies to the online marketplace 200
that the seller does not have a phone number other than a 201
personal phone number, the online marketplace shall inform 202
consumers that there is no phone number available for the 203
seller and that consumer inquiries should be submitted to 204
the seller's email address or other means of electronic 205
messaging provided to such seller by the online marketplace. 206
(4) If an online marketplace becomes aware that a high - 207
volume third-party seller has made a false representation to 208
the online marketplace in order to justify the provision of 209
a partial disclosure under subdivision (1) of this 210
subsection or that a high -volume third-party seller who has 211
requested and received a provision for a partial disclosure 212
under subdivision (1) of this subsection has not provided 213
responsive answers within a reasonable time frame to 214
consumer inquiries submitted to the seller by phone, email, 215
or other means of electronic messaging provided to such 216 SCS HB 2088, HB 1705, 52
& HCS HB 1699
seller by the online marketplace, the online marketplace 217
shall, after providing the seller with written or electronic 218
notice and an opportunity to resp ond no later than ten days 219
after the issuance of such notice, suspend any future sales 220
activity of such seller unless such seller consents to the 221
disclosure of the identity information required under 222
paragraph (a) of subdivision (2) of this subsection. 223
(5) An online marketplace shall disclose to consumers 224
in a clear and conspicuous manner on the product listing of 225
any high-volume third-party seller a reporting mechanism 226
that allows for electronic and telephonic reporting of 227
suspicious marketplace activity to the online marketplace. 228
(6) If a high-volume third-party seller does not 229
comply with the requirements to provide and disclose 230
information under this subsection, the online marketplace 231
shall, after providing the seller with written or electronic 232
notice and an opportunity to provide or disclose such 233
information no later than ten days after the issuance of 234
such notice, suspend any future sales activity of such 235
seller until the seller complies with such requirements. 236
7. (1) A violation of the provisions of this section 237
shall be treated as a violation of sections 407.010 to 238
407.130 and shall be enforced solely by the attorney 239
general. Nothing in this section shall be construed as 240
providing the basis for, or subjecting a pa rty to, a private 241
civil action. 242
(2) The attorney general may promulgate rules and 243
regulations with respect to collecting, verifying, and 244
disclosing information under this section, provided that 245
such rules and regulations are limited to what is ne cessary 246
to collect, verify, or disclose such information. Any rule 247
or portion of a rule, as that term is defined in section 248 SCS HB 2088, HB 1705, 53
& HCS HB 1699
536.010, that is created under the authority delegated in 249
this section shall become effective only if it complies with 250
and is subject to all of the provisions of chapter 536 and, 251
if applicable, section 536.028. This section and chapter 252
536 are nonseverable, and if any of the powers vested with 253
the general assembly pursuant to chapter 536 to review, to 254
delay the effective dat e, or to disapprove and annul a rule 255
are subsequently held unconstitutional, then the grant of 256
rulemaking authority and any rule proposed or adopted after 257
the effective date of this section shall be invalid and void. 258
8. If the attorney general has reason to believe that 259
any online marketplace has violated or is violating this 260
section or a rule or regulation promulgated under this 261
section that affects one or more residents of Missouri, the 262
attorney general may bring a civil action in any appropr iate 263
circuit court to: 264
(1) Enjoin further such violation by the defendant; 265
(2) Enforce compliance with this section or such rule 266
or regulation; 267
(3) Obtain civil penalties in the amount provided for 268
under subsection 6 of this section; 269
(4) Obtain other remedies permitted under state law; 270
and 271
(5) Obtain damages, restitution, or other compensation 272
on behalf of residents of this state. 273
455.073. 1. By July 1, 1996, the supreme court of the 1
state of Missouri shall: 2
(1) Develop and adopt uniform forms for petitions and 3
orders of protection; and 4
(2) Provide the forms to each circuit clerk. 5
2. The following statements shall be printed in bold 6
faced type or in capital letters on the order of p rotection: 7 SCS HB 2088, HB 1705, 54
& HCS HB 1699
(1) "Violation of this order may be punished by 8
confinement in jail for as long as five years and by a fine 9
of as much as five thousand dollars"; and 10
(2) "If so ordered by the court, the respondent is 11
forbidden to enter or stay at the petitioner's residence". 12
3. The form prescribed by the supreme court for the 13
notice of hearing required by subsection 2 of section 14
455.040 shall list all potential relief that can be granted 15
by the court in any proceeding pursuant to sections 455.010 16
to 455.085 as described in section 455.050, and shall advise 17
the respondent that such relief may be granted if the court 18
finds for the petitioner, or if the respondent defaults to 19
the petition. 20
4. If a full order of protection is granted , all 21
temporary orders shall continue in the full order of 22
protection and shall remain in full force and effect unless 23
otherwise ordered by the court. 24
5. All orders of protection shall be issued on the 25
form adopted pursuant to subsection 1 of thi s section. 26
455.075. The court may order a party to pay a 1
reasonable amount to the other party for attorney's fees 2
incurred prior to the commencement of the proceeding [or], 3
throughout the proceeding, and after entry of judgment. The 4
court shall consider all relevant factors, including the 5
financial resources of both parties, and may order that the 6
amount be paid directly to the attorney, who may enforce the 7
order in his name. 8
455.085. 1. When a law enforcemen t officer has 1
probable cause to believe a party has committed a violation 2
of law amounting to domestic violence, as defined in section 3
455.010, against a family or household member, the officer 4
may arrest the offending party whether or not the violatio n 5 SCS HB 2088, HB 1705, 55
& HCS HB 1699
occurred in the presence of the arresting officer. When the 6
officer declines to make arrest pursuant to this subsection, 7
the officer shall make a written report of the incident 8
completely describing the offending party, giving the 9
victim's name, time, address, reason why no arrest was made 10
and any other pertinent information. Any law enforcement 11
officer subsequently called to the same address within a 12
twelve-hour period, who shall find probable cause to believe 13
the same offender has again commi tted a violation as stated 14
in this subsection against the same or any other family or 15
household member, shall arrest the offending party for this 16
subsequent offense. The primary report of nonarrest in the 17
preceding twelve-hour period may be considered as evidence 18
of the defendant's intent in the violation for which arrest 19
occurred. The refusal of the victim to sign an official 20
complaint against the violator shall not prevent an arrest 21
under this subsection. 22
2. When a law enforcement officer has probable cause 23
to believe that a party, against whom a protective order has 24
been entered and who has notice of such order entered, has 25
committed an act of abuse in violation of such order, the 26
officer shall arrest the offending party -respondent whether 27
or not the violation occurred in the presence of the 28
arresting officer. Refusal of the victim to sign an 29
official complaint against the violator shall not prevent an 30
arrest under this subsection. 31
3. When an officer makes an arrest, the offi cer is not 32
required to arrest two parties involved in an assault when 33
both parties claim to have been assaulted. The arresting 34
officer shall attempt to identify and shall arrest the party 35
the officer believes is the primary physical aggressor. The 36
term "primary physical aggressor" is defined as the most 37 SCS HB 2088, HB 1705, 56
& HCS HB 1699
significant, rather than the first, aggressor. The law 38
enforcement officer shall consider any or all of the 39
following in determining the primary physical aggressor: 40
(1) The intent of the law to protect victims from 41
continuing domestic violence; 42
(2) The comparative extent of injuries inflicted or 43
serious threats creating fear of physical injury; 44
(3) The history of domestic violence between the 45
persons involved. 46
No law enforcement officer investigating an incident of 47
domestic violence shall threaten the arrest of all parties 48
for the purpose of discouraging requests or law enforcement 49
intervention by any party. Where complaints are received 50
from two or more opposing par ties, the officer shall 51
evaluate each complaint separately to determine whether the 52
officer should seek a warrant for an arrest. 53
4. In an arrest in which a law enforcement officer 54
acted in good faith reliance on this section, the arresting 55
and assisting law enforcement officers and their employing 56
entities and superiors shall be immune from liability in any 57
civil action alleging false arrest, false imprisonment or 58
malicious prosecution. 59
5. When a person against whom an order of protection 60
has been entered fails to surrender custody of minor 61
children to the person to whom custody was awarded in an 62
order of protection, the law enforcement officer shall 63
arrest the respondent, and shall turn the minor children 64
over to the care and custody of the party to whom such care 65
and custody was awarded. 66
6. The same procedures, including those designed to 67
protect constitutional rights, shall be applied to the 68 SCS HB 2088, HB 1705, 57
& HCS HB 1699
respondent as those applied to any individual detained in 69
police custody. 70
7. A violation of the terms and conditions, with 71
regard to domestic violence, stalking, sexual assault, child 72
custody, communication initiated by the respondent or 73
entrance upon the premises of the petitioner's dwelling unit 74
or place of employment or sch ool, or being within a certain 75
distance of the petitioner or a child of the petitioner, of 76
an ex parte order of protection of which the respondent has 77
notice, shall be a class A misdemeanor unless the respondent 78
has previously pleaded guilty to or has been found guilty in 79
any division of the circuit court of violating an ex parte 80
order of protection or a full order of protection within 81
five years of the date of the subsequent violation, in which 82
case the subsequent violation shall be a class E felon y. 83
Evidence of prior pleas of guilty or findings of guilt shall 84
be heard by the court out of the presence of the jury prior 85
to submission of the case to the jury. If the court finds 86
the existence of such prior pleas of guilty or finding of 87
guilt beyond a reasonable doubt, the court shall decide the 88
extent or duration of sentence or other disposition and 89
shall not instruct the jury as to the range of punishment or 90
allow the jury to assess and declare the punishment as a 91
part of its verdict. 92
8. A violation of the terms and conditions, with 93
regard to domestic violence, stalking, sexual assault, child 94
custody, communication initiated by the respondent or 95
entrance upon the premises of the petitioner's dwelling unit 96
or place of employment or s chool, or being within a certain 97
distance of the petitioner or a child of the petitioner, of 98
a full order of protection shall be a class A misdemeanor, 99
unless the respondent has previously pleaded guilty to or 100 SCS HB 2088, HB 1705, 58
& HCS HB 1699
has been found guilty in any division of t he circuit court 101
of violating an ex parte order of protection or a full order 102
of protection within five years of the date of the 103
subsequent violation, in which case the subsequent violation 104
shall be a class E felony. Evidence of prior pleas of 105
guilty or findings of guilt shall be heard by the court out 106
of the presence of the jury prior to submission of the case 107
to the jury. If the court finds the existence of such prior 108
plea of guilty or finding of guilt beyond a reasonable 109
doubt, the court shall decide the extent or duration of the 110
sentence or other disposition and shall not instruct the 111
jury as to the range of punishment or allow the jury to 112
assess and declare the punishment as a part of its verdict. 113
For the purposes of this subsection, in addition to the 114
notice provided by actual service of the order, a party is 115
deemed to have notice of an order of protection if : 116
(1) The law enforcement officer responding to a call 117
of a reported incident of domestic violence, stalking, 118
sexual assault, or violation of an order of protection 119
presented a copy of the order of protection to the 120
respondent; or 121
(2) Notice is given by actual communication to the 122
respondent in a manner reasonably likely to advise the 123
respondent. 124
9. Good faith attempts to effect a reconciliation of a 125
marriage shall not be deemed tampering with a witness or 126
victim tampering under section 575.270. 127
10. Nothing in this section shall be interpreted as 128
creating a private cause of action for damages to enfo rce 129
the provisions set forth herein. 130
491.015. 1. In prosecutions under chapter 566 or 1
prosecutions related to sexual conduct under chapter 568, 2 SCS HB 2088, HB 1705, 59
& HCS HB 1699
opinion and reputation evidence of [the complaining] a 3
victim's or witness' prior sexua l conduct, acts, or 4
practices is inadmissible at any trial, hearing, or court 5
proceeding and not a subject for inquiry during a deposition 6
or discovery; evidence of specific instances of [the 7
complaining] a victim's or witness' prior sexual conduct , 8
acts, or practices or the absence of such instances or 9
conduct is inadmissible at any trial, hearing, or any other 10
court proceeding, and not a subject for inquiry during a 11
deposition or discovery , except where such specific 12
instances are: 13
(1) Evidence of the sexual conduct of [the 14
complaining] a victim or witness with the defendant to prove 15
consent where consent is a defense to the alleged crime and 16
the evidence is reasonably contemporaneous with the date of 17
the alleged crime; or 18
(2) Evidence of specific instances of sexual activity 19
showing alternative source or origin of semen, pregnancy or 20
disease; 21
(3) Evidence of immediate surrounding circumstances of 22
the alleged crime; or 23
(4) Evidence relating to the previous chastity of the 24
complaining witness in cases, where, by statute, previously 25
chaste character is required to be proved by the prosecution. 26
2. Evidence of the sexual conduct , acts, or practices 27
of [the complaining] a victim or witness offered under this 28
section is admissible to the extent that the court finds the 29
evidence relevant to a material fact or issue. 30
3. If the defendant proposes to offer evidence of the 31
sexual conduct, acts, or practices of [the complaining] a 32
victim or witness under this sec tion, he or she shall file 33
with the court a written motion accompanied by an offer of 34 SCS HB 2088, HB 1705, 60
& HCS HB 1699
proof or make an offer of proof on the record outside the 35
hearing of the jury. The court shall hold an in camera 36
hearing to determine the sufficiency of the offer of proof 37
and may at that hearing hear evidence if the court deems it 38
necessary to determine the sufficiency of the offer of 39
proof. If the court finds any of the evidence offered 40
admissible under this section the court shall make an order 41
stating the scope of the evidence which may be introduced. 42
Objections to any decision of the court under this section 43
may be made by either the prosecution or the defendant in 44
the manner provided by law. The in camera hearing shall be 45
recorded and the court shall set forth its reasons for its 46
ruling. The record of the in camera hearing shall be sealed 47
for delivery to the parties and to the appellate court in 48
the event of an appeal or other post trial proceeding. 49
544.170. 1. All persons arrested and confined in any 1
jail or other place of confinement by any peace officer, 2
without warrant or other process, for any alleged breach of 3
the peace or other criminal offense, or on suspicion 4
thereof, shall be discharged from said custody within twe nty- 5
four hours from the time of such arrest, unless they shall 6
be charged with a criminal offense by the oath of some 7
credible person, and be held by warrant to answer to such 8
offense. 9
2. In any confinement to which the provisions of this 10
section apply, the confinee shall be permitted at any 11
reasonable time to consult with counsel or other persons 12
acting on the confinee's behalf. 13
3. Any person who violates the provisions of this 14
section, by refusing to release any person who is entitled 15
to release pursuant to this section, or by refusing to 16
permit a confinee to consult with counsel or other persons, 17 SCS HB 2088, HB 1705, 61
& HCS HB 1699
or who transfers any such confinees to the custody or 18
control of another, or to another place, or who falsely 19
charges such person, with intent to avoid the provisions of 20
this section, is guilty of a class A misdemeanor. 21
4. Notwithstanding the provisions of subsection 1 of 22
this section to the contrary, all persons arrested and 23
confined in any jail or other place of confinement by a ny 24
peace officer, without warrant or other process, for a 25
criminal offense involving a dangerous felony or deadly 26
weapon as defined in section 556.061, or on suspicion 27
thereof, shall be discharged from said custody within forty - 28
eight hours from the ti me of such arrest, unless they shall 29
be charged with a criminal offense by the oath of some 30
credible person, and be held by warrant to answer to such 31
offense. 32
544.453. Notwithstanding any provision of the law or 1
court rule to the co ntrary, a judge or judicial officer, 2
when setting bail or conditions of release in all courts in 3
Missouri for any offense charged, shall consider, in 4
addition to any factor required by law, whether: 5
(1) A defendant poses a danger to a victim of cr ime, 6
the community, any witness to the crime, or to any other 7
person; 8
(2) A defendant is a flight risk; 9
(3) A defendant has committed a violent misdemeanor 10
offense, sexual offense, or felony offense in this state or 11
any other state in the l ast five years; and 12
(4) A defendant has failed to appear in court as a 13
required condition of probation or parole for a violent 14
misdemeanor or felony within the last three years. 15
545.473. 1. Notwithstanding Missouri supreme cour t 1
rule 32.03, a defendant with a case filed in a county [with 2 SCS HB 2088, HB 1705, 62
& HCS HB 1699
department of corrections centers with a total average 3
yearly offender population in excess of two thousand 4
persons] having seventy-five thousand or fewer inhabitants 5
shall follow the proce dure listed in subsections 2 to 5 of 6
this section in order to obtain a change of venue for 7
misdemeanors or felonies. 8
2. Upon written application of the defendant, a change 9
of venue may be ordered in any criminal proceeding for the 10
following reasons: 11
(1) That the inhabitants of the county are prejudiced 12
against the defendant; or 13
(2) That the state has an undue influence over the 14
inhabitants of the county. 15
3. In felony and misdemeanor cases, the application 16
must be filed not lat er than [thirty] ten days after 17
[arraignment. In misdemeanor cases, the application must be 18
filed not later than ten days before the date set for trial ] 19
the initial plea is entered . 20
4. A copy of the application and a notice of the time 21
when it will be presented to the court shall be served on 22
all parties. 23
5. The application shall set forth the reason or 24
reasons for change of venue. It need not be verified and 25
shall be signed by the defendant or his attorney. 26
6. The state may, within five days after the filing of 27
the application for a change of venue, file a denial of the 28
existence of the reason or reasons alleged in the 29
application. Such denial need not be verified. If a denial 30
is filed, the court shall hear evidence and dete rmine the 31
issues. If the issues are determined in favor of the 32
defendant, or if the truth of the grounds alleged is within 33
the knowledge of the court, or if no denial is filed, a 34 SCS HB 2088, HB 1705, 63
& HCS HB 1699
change of venue shall be ordered to some other county 35
convenient to the parties and where the reason or reasons do 36
not exist. 37
546.262. A court shall not compel a victim or member 1
of the victim's family testifying in a criminal proceeding 2
for a violation of sections 565.072 to 565.076 to disclose a 3
residential address or place of employment on the record in 4
open court unless the court finds that disclosure of the 5
address or place of employment is necessary. 6
546.263. 1. A person may testify by video conference 1
at a civil trial invo lving an offense under sections 565.072 2
to 565.076 if the person testifying is the victim of the 3
offense. The circuit and associate circuit court judges for 4
each circuit shall develop local rules and instructions for 5
appearances by video conference pe rmitted under this 6
subsection, which shall be posted on the circuit court's 7
internet website. 8
2. The circuit and associate circuit court judges for 9
each circuit shall provide, and post on the circuit court's 10
internet website, a telephone number f or the public to call 11
for assistance regarding appearances by video conference. 12
548.241. 1. All necessary and proper expenses 1
accruing under section 548.221, upon being ascertained to 2
the satisfaction of the governor, shall be allow ed on his 3
certificate and paid out of the state treasury as other 4
demands against the state. 5
2. All necessary and proper expenses accruing as a 6
result of a person being returned to this state pursuant to 7
the provisions of section 548.243 [or 217.810] shall be 8
allowed and paid out of the state treasury as if the person 9
were being returned to this state pursuant to section 10
548.221. 11 SCS HB 2088, HB 1705, 64
& HCS HB 1699
3. Any necessary and proper expenses accruing as a 12
result of a person being returned to this state under the 13
provisions of chapter 589 may be paid either out of the 14
Missouri interstate compact fund established in chapter 589 15
or out of the state treasury. 16
556.036. 1. A prosecution for murder, rape in the 1
first degree, forcible rape, attemp ted rape in the first 2
degree, attempted forcible rape, sodomy in the first degree, 3
forcible sodomy, attempted sodomy in the first degree, 4
attempted forcible sodomy, sexual abuse in the first degree, 5
attempted sexual abuse in the first degree, incest, a nd 6
attempted incest or any class A felony may be commenced at 7
any time. 8
2. Except as otherwise provided in this section, 9
prosecutions for other offenses must be commenced within the 10
following periods of limitation: 11
(1) For any felony, three years, except as provided in 12
subdivision (4) of this subsection; 13
(2) For any misdemeanor, one year; 14
(3) For any infraction, six months; 15
(4) For any violation of section 569.040, when 16
classified as a class B felony, or any violation of section 17
569.050 or 569.055, five years. 18
3. If the period prescribed in subsection 2 of this 19
section has expired, a prosecution may nevertheless be 20
commenced for: 21
(1) Any offense a material element of which is either 22
fraud or a breach of fid uciary obligation within one year 23
after discovery of the offense by an aggrieved party or by a 24
person who has a legal duty to represent an aggrieved party 25
and who is himself or herself not a party to the offense, 26
but in no case shall this provision ext end the period of 27 SCS HB 2088, HB 1705, 65
& HCS HB 1699
limitation by more than three years. As used in this 28
subdivision, the term "person who has a legal duty to 29
represent an aggrieved party" shall mean the attorney 30
general or the prosecuting or circuit attorney having 31
jurisdiction pursuant to section 407.553, for purposes of 32
offenses committed pursuant to sections 407.511 to 407.556; 33
and 34
(2) Any offense based upon misconduct in office by a 35
public officer or employee at any time when the person is in 36
public office or employment or within two years thereafter, 37
but in no case shall this provision extend the period of 38
limitation by more than three years; and 39
(3) Any offense based upon an intentional and willful 40
fraudulent claim of child support arrearage to a public 41
servant in the performance of his or her duties within one 42
year after discovery of the offense, but in no case shall 43
this provision extend the period of limitation by more than 44
three years. 45
4. An offense is committed either when every element 46
occurs, or, if a legislative purpose to prohibit a 47
continuing course of conduct plainly appears, at the time 48
when the course of conduct or the person's complicity 49
therein is terminated. Time starts to run on the day after 50
the offense is committed. 51
5. A prosecution is commenced for a misdemeanor or 52
infraction when the information is filed and for a felony 53
when the complaint or indictment is filed. 54
6. The period of limitation does not run: 55
(1) During any time when the accused is absent from 56
the state, but in no case shall this provision extend the 57
period of limitation otherwise applicable by more than three 58
years; 59 SCS HB 2088, HB 1705, 66
& HCS HB 1699
(2) During any time when the accused is concealing 60
himself or herself from justice either within or without 61
this state; 62
(3) During any time when a prosecution against the 63
accused for the offense is pending in this state; 64
(4) During any time when the accused is found to lack 65
mental fitness to proceed pursuant to section 552.020; or 66
(5) During any period of time after which a DNA 67
profile is developed from evidence collected in relation to 68
the commission of a crime and included in a published 69
laboratory report until the date upon which the accused is 70
identified by name based upon a match between that DNA 71
evidence profile and the known DNA profile of the accused. 72
For purposes of this section, the term "DNA profile" means 73
the collective results of the DNA analysis of an evidence 74
sample. 75
556.046. 1. A person may be convicted of an o ffense 1
included in an offense charged in the indictment or 2
information. An offense is so included when: 3
(1) It is established by proof of the same or less 4
than all the facts required to establish the commission of 5
the offense charged; or 6
(2) It is specifically denominated by statute as a 7
lesser degree of the offense charged; or 8
(3) It consists of an attempt to commit the offense 9
charged or to commit an offense otherwise included therein. 10
2. The court shall not be obligated to charge the jury 11
with respect to an included offense unless there is a 12
rational basis for a verdict acquitting the person of the 13
offense charged and convicting him or her of the included 14
offense. An offense is charged for purposes of this section 15
if: 16 SCS HB 2088, HB 1705, 67
& HCS HB 1699
(1) It is in an indictment or information; or 17
(2) It is an offense submitted to the jury because 18
there is a rational basis for a verdict acquitting the 19
person of the offense charged and convicting the person of 20
the included offense. 21
3. The court shall be obligated to instruct the jury 22
with respect to a particular included offense only if the 23
instruction is requested and there is a rational basis in 24
the evidence for acquitting the person of the immediately 25
higher included offense and [there is a basis in the 26
evidence for] convicting the person of that particular 27
included offense. 28
558.011. 1. The authorized terms of imprisonment, 1
including both prison and conditional release terms, are: 2
(1) For a class A felony, a term of years not less 3
than ten years and not to exceed thirty years, or life 4
imprisonment; 5
(2) For a class B felony, a term of years not less 6
than five years and not to exceed fifteen years; 7
(3) For a class C felony, a term of year s not less 8
than three years and not to exceed ten years; 9
(4) For a class D felony, a term of years not to 10
exceed seven years; 11
(5) For a class E felony, a term of years not to 12
exceed four years; 13
(6) For a class A misdemeanor, a term not to exceed 14
one year; 15
(7) For a class B misdemeanor, a term not to exceed 16
six months; 17
(8) For a class C misdemeanor, a term not to exceed 18
fifteen days. 19 SCS HB 2088, HB 1705, 68
& HCS HB 1699
2. In cases of class D and E felonies, the court shall 20
have discretion to imprison for a special term not to exceed 21
one year in the county jail or other authorized penal 22
institution, and the place of confinement shall be fixed by 23
the court. If the court imposes a sentence of imprisonment 24
for a term longer than one year upon a person convicted of a 25
class D or E felony, it shall commit the person to the 26
custody of the department of corrections. 27
3. (1) When a regular sentence of imprisonment for a 28
felony is imposed, the court shall commit the person to the 29
custody of the department of corrections for the term 30
imposed under section 557.036, or until released under 31
procedures established elsewhere by law. 32
(2) A sentence of imprisonment for a misdemeanor shall 33
be for a definite term and the court shall commit the person 34
to the county jail or other authorized penal institution for 35
the term of his or her sentence or until released under 36
procedure established elsewhere by law. 37
4. (1) Except as otherwise provided, a sentence of 38
imprisonment for a term of years for felonies other than 39
dangerous felonies as defined in section 556.061, and other 40
than sentences of imprisonment which involve the 41
individual's fourth or subsequent remand to the department 42
of corrections shall consist of a prison term and a 43
conditional release term when the offense occurred before 44
August 28, 2022. The conditional release term of any term 45
imposed under section 557.036 shall be: 46
(a) One-third for terms of nine years or less; 47
(b) Three years for terms between nine and fiftee n 48
years; 49
(c) Five years for terms more than fifteen years; and 50
the prison term shall be the remainder of such term. The 51 SCS HB 2088, HB 1705, 69
& HCS HB 1699
prison term may be extended by the parole board pursuant to 52
subsection 5 of this section. 53
(2) "Conditional release" mea ns the conditional 54
discharge of an offender by the parole board, subject to 55
conditions of release that the parole board deems reasonable 56
to assist the offender to lead a law -abiding life, and 57
subject to the supervision under the division of probation 58
and parole. The conditions of release shall include 59
avoidance by the offender of any other offense, federal or 60
state, and other conditions that the parole board in its 61
discretion deems reasonably necessary to assist the releasee 62
in avoiding further vi olation of the law. 63
5. The date of conditional release from the prison 64
term may be extended up to a maximum of the entire sentence 65
of imprisonment by the parole board. The director of any 66
division of the department of corrections except the 67
division of probation and parole may file with the parole 68
board a petition to extend the conditional release date when 69
an offender fails to follow the rules and regulations of the 70
division or commits an act in violation of such rules. 71
Within ten working d ays of receipt of the petition to extend 72
the conditional release date, the parole board shall convene 73
a hearing on the petition. The offender shall be present 74
and may call witnesses in his or her behalf and cross - 75
examine witnesses appearing against th e offender. The 76
hearing shall be conducted as provided in section 217.670. 77
If the violation occurs in close proximity to the 78
conditional release date, the conditional release may be 79
held for a maximum of fifteen working days to permit 80
necessary time for the division director to file a petition 81
for an extension with the parole board and for the parole 82
board to conduct a hearing, provided some affirmative 83 SCS HB 2088, HB 1705, 70
& HCS HB 1699
manifestation of an intent to extend the conditional release 84
has occurred prior to the conditi onal release date. If at 85
the end of a fifteen -working-day period a parole board 86
decision has not been reached, the offender shall be 87
released conditionally. The decision of the parole board 88
shall be final. 89
6. For offenses occurring on or after August 28, 2022, 90
a sentence of imprisonment shall consist only of a prison 91
term without eligibility for conditional release. 92
558.016. 1. The court may sentence a person who has 1
been found guilty of an offense to a term of imprisonme nt as 2
authorized by section 558.011 or to a term of imprisonment 3
authorized by a statute governing the offense if it finds 4
the defendant is a prior offender or a persistent 5
misdemeanor offender. The court may sentence a person to an 6
extended term of imprisonment if: 7
(1) The defendant is a persistent offender or a 8
dangerous offender, and the person is sentenced under 9
subsection 7 of this section; 10
(2) The statute under which the person was found 11
guilty contains a sentencing enhancement pr ovision that is 12
based on a prior finding of guilt or a finding of prior 13
criminal conduct and the person is sentenced according to 14
the statute; or 15
(3) A more specific sentencing enhancement provision 16
applies that is based on a prior finding of gui lt or a 17
finding of prior criminal conduct. 18
2. A "prior offender" is one who has been found guilty 19
of one felony. 20
3. A "persistent offender" is one who has been found 21
guilty of two or more felonies committed at different times. 22
4. A "dangerous offender" is one who: 23 SCS HB 2088, HB 1705, 71
& HCS HB 1699
(1) Is being sentenced for a felony during the 24
commission of which he knowingly murdered or endangered or 25
threatened the life of another person or knowingly inflicted 26
or attempted or threatened to inflict serious phys ical 27
injury on another person; [and] or 28
(2) Has been found guilty of a class A or B felony or 29
a dangerous felony as defined by section 556.061 . 30
5. A "persistent misdemeanor offender" is one who has 31
been found guilty of two or more offenses, committed at 32
different times that are classified as A or B misdemeanors 33
under the laws of this state. 34
6. The findings of guilt shall be prior to the date of 35
commission of the present offense. 36
7. The court shall sentence a person, who has bee n 37
found to be a persistent offender or a dangerous offender, 38
and is found guilty of a class B, C, D, or E felony to the 39
authorized term of imprisonment for the offense that is one 40
class higher than the offense for which the person is found 41
guilty. 42
558.019. 1. This section shall not be construed to 1
affect the powers of the governor under Article IV, Section 2
7, of the Missouri Constitution. This statute shall not 3
affect those provisions of section 565.020 [,] or section 4
566.125, [or section 571.015,] which set minimum terms of 5
sentences, or the provisions of section 559.115, relating to 6
probation. 7
2. The provisions of subsections 2 to 5 of this 8
section shall only be applicable to the offenses contained 9
in sections 565.021, 565.023, 565.024, 565.027, 565.050, 10
565.052, 565.054, 565.072, 565.073, 565.074, 565.090, 11
565.110, 565.115, 565.120, 565.153, 565.156, 565.225, 12
565.300, 566.030, 566.031, 566.032, 566.034, 566.060, 13 SCS HB 2088, HB 1705, 72
& HCS HB 1699
566.061, 566.062, 566.064, 566.067, 566.068, 56 6.069, 14
566.071, 566.083, 566.086, 566.100, 566.101, 566.103, 15
566.111, 566.115, 566.145, 566.151, 566.153, 566.203, 16
566.206, 566.209, 566.210, 566.211, 566.215, 568.030, 17
568.045, 568.060, 568.065, 568.175, 569.040, 569.160, 18
570.023, 570.025, 570.030 wh en punished as a class A, B, or 19
C felony, 570.145 when punished as a class A or B felony, 20
570.223 when punished as a class B or C felony, 571.020, 21
571.030, 571.070, 573.023, 573.025, 573.035, 573.037, 22
573.200, 573.205, 574.070, 574.080, 574.115, 575.03 0, 23
575.150, 575.153, 575.155, 575.157, 575.200 when punished as 24
a class A felony, 575.210, 575.230 when punished as a class 25
B felony, 575.240 when punished as a class B felony, 26
576.070, 576.080, 577.010, 577.013, 577.078, 577.703, 27
577.706, 579.065, an d 579.068 when punished as a class A or 28
B felony. For the purposes of this section, "prison 29
commitment" means and is the receipt by the department of 30
corrections of an offender after sentencing. For purposes 31
of this section, prior prison commitments to the department 32
of corrections shall not include an offender's first 33
incarceration prior to release on probation under section 34
217.362 or 559.115. Other provisions of the law to the 35
contrary notwithstanding, any offender who has been found 36
guilty of a felony other than a dangerous felony as defined 37
in section 556.061 and is committed to the department of 38
corrections shall be required to serve the following minimum 39
prison terms: 40
(1) If the offender has one previous prison commitment 41
to the department of corrections for a felony offense, the 42
minimum prison term which the offender must serve shall be 43
forty percent of his or her sentence or until the offender 44 SCS HB 2088, HB 1705, 73
& HCS HB 1699
attains seventy years of age, and has served at least thirty 45
percent of the senten ce imposed, whichever occurs first; 46
(2) If the offender has two previous prison 47
commitments to the department of corrections for felonies 48
unrelated to the present offense, the minimum prison term 49
which the offender must serve shall be fifty percen t of his 50
or her sentence or until the offender attains seventy years 51
of age, and has served at least forty percent of the 52
sentence imposed, whichever occurs first; 53
(3) If the offender has three or more previous prison 54
commitments to the departmen t of corrections for felonies 55
unrelated to the present offense, the minimum prison term 56
which the offender must serve shall be eighty percent of his 57
or her sentence or until the offender attains seventy years 58
of age, and has served at least forty perce nt of the 59
sentence imposed, whichever occurs first. 60
3. Other provisions of the law to the contrary 61
notwithstanding, any offender who has been found guilty of a 62
dangerous felony as defined in section 556.061 and is 63
committed to the department of c orrections shall be required 64
to serve a minimum prison term of eighty -five percent of the 65
sentence imposed by the court or until the offender attains 66
seventy years of age, and has served at least forty percent 67
of the sentence imposed, whichever occurs first. 68
4. For the purpose of determining the minimum prison 69
term to be served, the following calculations shall apply: 70
(1) A sentence of life shall be calculated to be 71
thirty years; 72
(2) Any sentence either alone or in the aggregate with 73
other consecutive sentences for offenses committed at or 74
near the same time which is over seventy -five years shall be 75
calculated to be seventy -five years. 76 SCS HB 2088, HB 1705, 74
& HCS HB 1699
5. For purposes of this section, the term "minimum 77
prison term" shall mean time required t o be served by the 78
offender before he or she is eligible for parole, 79
conditional release or other early release by the department 80
of corrections. 81
6. An offender who was convicted of, or pled guilty 82
to, a felony offense other than those offenses l isted in 83
subsection 2 of this section prior to August 28, 2019, shall 84
no longer be subject to the minimum prison term provisions 85
under subsection 2 of this section, and shall be eligible 86
for parole, conditional release, or other early release by 87
the department of corrections according to the rules and 88
regulations of the department. 89
7. (1) A sentencing advisory commission is hereby 90
created to consist of eleven members. One member shall be 91
appointed by the speaker of the house. One member shall be 92
appointed by the president pro tem of the senate. One 93
member shall be the director of the department of 94
corrections. Six members shall be appointed by and serve at 95
the pleasure of the governor from among the following: the 96
public defender commission; private citizens; a private 97
member of the Missouri Bar; the board of probation and 98
parole; and a prosecutor. Two members shall be appointed by 99
the supreme court, one from a metropolitan area and one from 100
a rural area. All members shall be ap pointed to a four-year 101
term. All members of the sentencing commission appointed 102
prior to August 28, 1994, shall continue to serve on the 103
sentencing advisory commission at the pleasure of the 104
governor. 105
(2) The commission shall study sentencing pr actices in 106
the circuit courts throughout the state for the purpose of 107
determining whether and to what extent disparities exist 108 SCS HB 2088, HB 1705, 75
& HCS HB 1699
among the various circuit courts with respect to the length 109
of sentences imposed and the use of probation for offenders 110
convicted of the same or similar offenses and with similar 111
criminal histories. The commission shall also study and 112
examine whether and to what extent sentencing disparity 113
among economic and social classes exists in relation to the 114
sentence of death and if so, the reasons therefor, if 115
sentences are comparable to other states, if the length of 116
the sentence is appropriate, and the rate of rehabilitation 117
based on sentence. It shall compile statistics, examine 118
cases, draw conclusions, and perform other dut ies relevant 119
to the research and investigation of disparities in death 120
penalty sentencing among economic and social classes. 121
(3) The commission shall study alternative sentences, 122
prison work programs, work release, home -based 123
incarceration, proba tion and parole options, and any other 124
programs and report the feasibility of these options in 125
Missouri. 126
(4) The governor shall select a chairperson who shall 127
call meetings of the commission as required or permitted 128
pursuant to the purpose of the sentencing commission. 129
(5) The members of the commission shall not receive 130
compensation for their duties on the commission, but shall 131
be reimbursed for actual and necessary expenses incurred in 132
the performance of these duties and for which they a re not 133
reimbursed by reason of their other paid positions. 134
(6) The circuit and associate circuit courts of this 135
state, the office of the state courts administrator, the 136
department of public safety, and the department of 137
corrections shall cooperat e with the commission by providing 138
information or access to information needed by the 139 SCS HB 2088, HB 1705, 76
& HCS HB 1699
commission. The office of the state courts administrator 140
will provide needed staffing resources. 141
8. Courts shall retain discretion to lower or exceed 142
the sentence recommended by the commission as otherwise 143
allowable by law, and to order restorative justice methods, 144
when applicable. 145
9. If the imposition or execution of a sentence is 146
suspended, the court may order any or all of the following 147
restorative justice methods, or any other method that the 148
court finds just or appropriate: 149
(1) Restitution to any victim or a statutorily created 150
fund for costs incurred as a result of the offender's 151
actions; 152
(2) Offender treatment programs; 153
(3) Mandatory community service; 154
(4) Work release programs in local facilities; and 155
(5) Community-based residential and nonresidential 156
programs. 157
10. Pursuant to subdivision (1) of subsection 9 of 158
this section, the court may order the assessm ent and payment 159
of a designated amount of restitution to a county law 160
enforcement restitution fund established by the county 161
commission pursuant to section 50.565. Such contribution 162
shall not exceed three hundred dollars for any charged 163
offense. Any restitution moneys deposited into the county 164
law enforcement restitution fund pursuant to this section 165
shall only be expended pursuant to the provisions of section 166
50.565. 167
11. A judge may order payment to a restitution fund 168
only if such fund had been created by ordinance or 169
resolution of a county of the state of Missouri prior to 170
sentencing. A judge shall not have any direct supervisory 171 SCS HB 2088, HB 1705, 77
& HCS HB 1699
authority or administrative control over any fund to which 172
the judge is ordering a person to make payment. 173
12. A person who fails to make a payment to a county 174
law enforcement restitution fund may not have his or her 175
probation revoked solely for failing to make such payment 176
unless the judge, after evidentiary hearing, makes a finding 177
supported by a preponderance of the evidence that the person 178
either willfully refused to make the payment or that the 179
person willfully, intentionally, and purposefully failed to 180
make sufficient bona fide efforts to acquire the resources 181
to pay. 182
13. Nothing in this section shall be construed to 183
allow the sentencing advisory commission to issue 184
recommended sentences in specific cases pending in the 185
courts of this state. 186
558.026. 1. Multiple sentences of imprisonment shall 1
run concurrently unless the court specifies that they shall 2
run consecutively; except in the case of multiple sentences 3
of imprisonment imposed for any offense committed during or 4
at the same time as, or multiple offenses of, the following 5
felonies: 6
(1) Rape in the first degree, forcible rape, or rape; 7
(2) Statutory rape in the first degree; 8
(3) Sodomy in the first degree, forcible sodomy, or 9
sodomy; 10
(4) Statutory sodomy in the first degree; or 11
(5) An attempt to commit any of the felonies l isted in 12
this subsection. In such case, the sentence of imprisonment 13
imposed for any felony listed in this subsection or an 14
attempt to commit any of the aforesaid shall run 15
consecutively to the other sentences. The sentences imposed 16
for any other offense may run concurrently. 17 SCS HB 2088, HB 1705, 78
& HCS HB 1699
2. If a person who is on probation [,] or parole [or 18
conditional release] is sentenced to a term of imprisonment 19
for an offense committed after the granting of probation or 20
parole [or after the start of his or her conditi onal release 21
term], the court shall direct the manner in which the 22
sentence or sentences imposed by the court shall run with 23
respect to any resulting probation [,] or parole [or 24
conditional release] revocation term or terms. If the 25
subsequent sentence to imprisonment is in another 26
jurisdiction, the court shall specify how any resulting 27
probation[,] or parole [or conditional release ] revocation 28
term or terms shall run with respect to the foreign sentence 29
of imprisonment. 30
3. A court may cause any sentence it imposes to run 31
concurrently with a sentence an individual is serving or is 32
to serve in another state or in a federal correctional 33
center. If the Missouri sentence is served in another state 34
or in a federal correctional center, subsectio n 4 of section 35
558.011 and section 217.690 shall apply as if the individual 36
were serving his or her sentence within the department of 37
corrections of the state of Missouri, except that a personal 38
hearing before the parole board shall not be required for 39
parole consideration. 40
558.046. The sentencing court may, upon petition, 1
reduce any term of sentence or probation pronounced by the 2
court [or a term of conditional release ] or parole 3
pronounced by the parole board if the court deter mines that: 4
(1) The convicted person was: 5
(a) Convicted of an offense that did not involve 6
violence or the threat of violence; and 7
(b) Convicted of an offense that involved alcohol or 8
illegal drugs; and 9 SCS HB 2088, HB 1705, 79
& HCS HB 1699
(2) Since the commission of such offense, the 10
convicted person has successfully completed a detoxification 11
and rehabilitation program; and 12
(3) The convicted person is not: 13
(a) A prior offender, a persistent offender, a 14
dangerous offender or a persistent misdemeanor of fender as 15
defined by section 558.016; or 16
(b) A persistent sexual offender as defined in section 17
566.125; or 18
(c) A prior offender, a persistent offender or a class 19
X offender as defined in section 558.019. 20
559.036. 1. A term of probation commences on the day 1
it is imposed. Multiple terms of Missouri probation, whether 2
imposed at the same time or at different times, shall run 3
concurrently. Terms of probation shall also run 4
concurrently with any federal or other state j ail, prison, 5
probation or parole term for another offense to which the 6
defendant is or becomes subject during the period [, unless 7
otherwise specified by the Missouri court ]. 8
2. The court may terminate a period of probation and 9
discharge the defendant at any time before completion of the 10
specific term fixed under section 559.016 if warranted by 11
the conduct of the defendant and the ends of justice. The 12
court may extend the term of the probation, but no more than 13
one extension of any probation m ay be ordered except that 14
the court may extend the term of probation by one additional 15
year by order of the court if the defendant admits he or she 16
has violated the conditions of probation or is found by the 17
court to have violated the conditions of his or her 18
probation. Total time on any probation term, including any 19
extension shall not exceed the maximum term established in 20
section 559.016. Total time on any probation term shall not 21 SCS HB 2088, HB 1705, 80
& HCS HB 1699
include time when the probation term is suspended under this 22
section. Procedures for termination, discharge and 23
extension may be established by rule of court. 24
(1) The division of probation and parole shall file a 25
notification of earned discharge from probation with the 26
court for any defendant who has complet ed at least twenty- 27
four months of the probation term and is compliant with the 28
terms of supervision as ordered by the court and division. 29
The division shall not file a notification of earned 30
discharge for any defendant who has not paid ordered 31
restitution in full, is on a term of probation for any class 32
A or class B felony, or is subject to lifetime supervision 33
under sections 217.735 and 559.106. The division shall 34
notify the prosecuting or circuit attorney when a 35
notification of earned discharge is filed. 36
(2) The prosecuting or circuit attorney may request a 37
hearing within thirty days of the filing of the notification 38
of earned discharge from probation. If the state opposes 39
the discharge of the defendant, the prosecuting or circuit 40
attorney shall argue the earned discharge is not appropriate 41
and the defendant should continue to serve the probation 42
term. 43
(3) If a hearing is requested, the court shall hold 44
the hearing and issue its order no later than sixty days 45
after the filing of the notification of earned discharge 46
from probation. If, after a hearing, the court finds by a 47
preponderance of the evidence that the earned discharge is 48
not appropriate, the court shall order the probation term to 49
continue, may modify the conditi ons of probation as 50
appropriate, and may order the continued supervision of the 51
defendant by either the division of probation and parole or 52
the court. If, after a hearing, the court finds that the 53 SCS HB 2088, HB 1705, 81
& HCS HB 1699
earned discharge is appropriate, the court shall order the 54
defendant discharged from probation. 55
(4) If the prosecuting or circuit attorney does not 56
request a hearing, the court shall order the defendant 57
discharged from probation within sixty days of the filing of 58
the notification of earned discharge from probation but no 59
earlier than thirty days from the filing of notification of 60
earned discharge from probation. 61
3. If the defendant violates a condition of probation 62
at any time prior to the expiration or termination of the 63
probation term, the court may continue him or her on the 64
existing conditions, with or without modifying or enlarging 65
the conditions or extending the term. 66
4. (1) Unless the defendant consents to the 67
revocation of probation, if a continuation, modification, 68
enlargement or extension is not appropriate under this 69
section, the court shall order placement of the offender in 70
[one of the] a department of corrections' one hundred twenty - 71
day [programs] program so long as: 72
(a) The underlying offense for the probati on is a 73
class D or E felony or an offense listed in chapter 579 or 74
an offense previously listed in chapter 195; except that, 75
the court may, upon its own motion or a motion of the 76
prosecuting or circuit attorney, make a finding that an 77
offender is not eligible if the underlying offense is 78
involuntary manslaughter in the second degree, stalking in 79
the first degree, assault in the second degree, sexual 80
assault, rape in the second degree, domestic assault in the 81
second degree, assault in the third degr ee when the victim 82
is a special victim, statutory rape in the second degree, 83
statutory sodomy in the second degree, deviate sexual 84
assault, sodomy in the second degree, sexual misconduct 85 SCS HB 2088, HB 1705, 82
& HCS HB 1699
involving a child, incest, endangering the welfare of a 86
child in the first degree under subdivision (1) or (2) of 87
subsection 1 of section 568.045, abuse of a child, invasion 88
of privacy, any case in which the defendant is found guilty 89
of a felony offense under chapter 571, or an offense of 90
aggravated stalking or ass ault of a law enforcement officer 91
in the second degree as such offenses existed prior to 92
January 1, 2017; 93
(b) The probation violation is not the result of the 94
defendant being an absconder or being found guilty of, 95
pleading guilty to, or being arr ested on suspicion of any 96
felony, misdemeanor, or infraction. For purposes of this 97
subsection, "absconder" shall mean an offender under 98
supervision who has left such offender's place of residency 99
without the permission of the offender's supervising of ficer 100
for the purpose of avoiding supervision; 101
(c) The defendant has not violated any conditions of 102
probation involving the possession or use of weapons, or a 103
stay-away condition prohibiting the defendant from 104
contacting a certain individual; and 105
(d) The defendant has not already been placed in one 106
of the programs by the court for the same underlying offense 107
or during the same probation term. 108
(2) Upon receiving the order, the department of 109
corrections shall conduct an assessment of the offender and 110
place such offender in either the [appropriate] one hundred 111
twenty-day structured cognitive behavioral intervention 112
program [under subsection 3 of section 559.115 ] or the one 113
hundred twenty-day institutional treatment program. The 114
placement of the offender in the structured cognitive 115
behavioral intervention program or institutional treatment 116
program shall be at the sole discretion of the department 117 SCS HB 2088, HB 1705, 83
& HCS HB 1699
based on the assessment of the offender. The program shall 118
begin upon receipt of t he offender by the department. The 119
time between the court's order and receipt of the offender 120
by the department shall not apply toward the program . 121
(3) [Notwithstanding any of the provisions of 122
subsection 3 of section 559.115 to the contrary, onc e the 123
defendant has successfully completed the program under this 124
subsection, the court shall release the defendant to 125
continue to serve the term of probation, which shall not be 126
modified, enlarged, or extended based on the same incident 127
of violation.] Upon successful completion of a program under 128
this subsection, as determined by the department, the 129
division of probation and parole shall advise the sentencing 130
court of the defendant's probationary release date thirty 131
days prior to release. Once the defendant has successfully 132
completed a program under this subsection, the court shall 133
release the defendant to continue to serve the term of 134
probation, which shall not be modified, enlarged, or 135
extended based on the same incident of violation. 136
(4) If the department determines the defendant has not 137
successfully completed a one hundred twenty -day program 138
under this section, the division of probation and parole 139
shall advise the prosecuting attorney and the sentencing 140
court of the defendant's unsuccessful program exit and the 141
defendant shall be removed from the program. The defendant 142
shall be released from the department within fifteen working 143
days after the court is notified of the unsuccessful program 144
exit, unless the court has issued a warrant in response to 145
the unsuccessful program exit to facilitate the return of 146
the defendant to the county of jurisdiction for further 147
court proceedings. If a defendant is discharged as 148
unsuccessful from a one hundred twenty -day program, the 149 SCS HB 2088, HB 1705, 84
& HCS HB 1699
sentencing court may modify, enlarge, or revoke the 150
defendant's probation based on the same incident of the 151
violation. 152
(5) Time served in the program shall be credited as 153
time served on any sentence imposed for the underlying 154
offense. 155
5. If the defendant consents to the revocation of 156
probation or if the defendant is not eligible under 157
subsection 4 of this section for placement in a program and 158
a continuation, modification, enlargement, or extension of 159
the term under this section is not appropr iate, the court 160
may revoke probation and order that any sentence previously 161
imposed be executed. If imposition of sentence was 162
suspended, the court may revoke probation and impose any 163
sentence available under section 557.011. The court may 164
mitigate any sentence of imprisonment by reducing the prison 165
or jail term by all or part of the time the defendant was on 166
probation. The court may, upon revocation of probation, 167
place an offender on a second term of probation. Such 168
probation shall be for a te rm of probation as provided by 169
section 559.016, notwithstanding any amount of time served 170
by the offender on the first term of probation. 171
6. Probation shall not be revoked without giving the 172
probationer notice and an opportunity to be heard on the 173
issues of whether such probationer violated a condition of 174
probation and, if a condition was violated, whether 175
revocation is warranted under all the circumstances. Not 176
less than five business days prior to the date set for a 177
hearing on the violation , except for a good cause shown, the 178
judge shall inform the probationer that he or she may have 179
the right to request the appointment of counsel if the 180
probationer is unable to retain counsel. If the probationer 181 SCS HB 2088, HB 1705, 85
& HCS HB 1699
requests counsel, the judge shall determ ine whether counsel 182
is necessary to protect the probationer's due process 183
rights. If the judge determines that counsel is not 184
necessary, the judge shall state the grounds for the 185
decision in the record. 186
7. The prosecuting or circuit attorney may file a 187
motion to revoke probation or at any time during the term of 188
probation, the court may issue a notice to the probationer 189
to appear to answer a charge of a violation, and the court 190
may issue a warrant of arrest for the violation. Such 191
notice shall be personally served upon the probationer. The 192
warrant shall authorize the return of the probationer to the 193
custody of the court or to any suitable detention facility 194
designated by the court. Upon the filing of the 195
prosecutor's or circuit attorne y's motion or on the court's 196
own motion, the court may immediately enter an order 197
suspending the period of probation and may order a warrant 198
for the defendant's arrest. The probation shall remain 199
suspended until the court rules on the prosecutor's or 200
circuit attorney's motion, or until the court otherwise 201
orders the probation reinstated. Notwithstanding any other 202
provisions of the law to the contrary, the probation term 203
shall be tolled during the time period when the probation is 204
suspended under this section. The court may grant the 205
probationer credit on the probation term for any of the 206
tolled period when reinstating the probation term. 207
8. The power of the court to revoke probation shall 208
extend for the duration of the term of probation designated 209
by the court and for any further period which is reasonably 210
necessary for the adjudication of matters arising before its 211
expiration, provided that some affirmative manifestation of 212
an intent to conduct a revocation hearing occurs prior to 213 SCS HB 2088, HB 1705, 86
& HCS HB 1699
the expiration of the period and that every reasonable 214
effort is made to notify the probationer and to conduct the 215
hearing prior to the expiration of the period. If the delay 216
of the hearing is attributable to the probationer's actions 217
or the probationer otherwise consents or acquiesces to the 218
delay, the court shall have been found to have made every 219
reasonable effort to conduct the hearing within the 220
probation term. 221
9. A defendant who was sentenced prior to January 1, 222
2017 to an offense that w as eligible at the time of 223
sentencing under paragraph (a) of subdivision (1) of 224
subsection 4 of this section for the court ordered detention 225
sanction shall continue to remain eligible for the sanction 226
so long as the defendant meets all the other requir ements 227
provided under subsection 4 of this section. 228
559.115. 1. Neither probation nor parole shall be 1
granted by the circuit court between the time the transcript 2
on appeal from the offender's conviction has been filed in 3
appellate court and the disposition of the appeal by such 4
court. 5
2. Unless otherwise prohibited by subsection 8 of this 6
section, a circuit court only upon its own motion and not 7
that of the state or the offender shall have the power to 8
grant probation to an offender anytime up to one hundred 9
twenty days after such offender has been delivered to the 10
department of corrections but not thereafter. The court may 11
request information and a recommendation from the department 12
concerning the offender and such o ffender's behavior during 13
the period of incarceration. Except as provided in this 14
section, the court may place the offender on probation in a 15
program created pursuant to section 217.777, or may place 16 SCS HB 2088, HB 1705, 87
& HCS HB 1699
the offender on probation with any other conditions 17
authorized by law. 18
3. The court may recommend placement of an offender in 19
a department of corrections one hundred twenty -day program 20
under this subsection [or order such placement under 21
subsection 4 of section 559.036 ]. [Upon the recommendation 22
or order of the court, ] The department of corrections shall 23
assess each offender to determine the appropriate one 24
hundred twenty-day program in which to place the offender, 25
which may include placement in the [shock incarceration] 26
structured cognitive behavioral intervention program or 27
institutional treatment program. The placement of an 28
offender in the structured cognitive behavioral intervention 29
program or institutional treatment program shall be at the 30
sole discretion of the department based on the assessment of 31
the offender and available bed space. When the court 32
recommends and receives placement of an offender in a 33
department of corrections one hundred twenty -day program, 34
the offender shall be released on probation if the 35
department of corrections determines that the offender has 36
successfully completed the program except as follows. Upon 37
successful completion of a program under this subsection, 38
the division of probation and parole shall advise the 39
sentencing court of an offender's pr obationary release date 40
thirty days prior to release. The court shall follow the 41
recommendation of the department unless the court determines 42
that probation is not appropriate. If the court determines 43
that probation is not appropriate, the court may order the 44
execution of the offender's sentence only after conducting a 45
hearing on the matter within ninety to one hundred twenty 46
days from the date the offender was delivered to the 47
department of corrections. If the department determines the 48 SCS HB 2088, HB 1705, 88
& HCS HB 1699
offender has not successfully completed a one hundred twenty - 49
day program under this subsection, the [offender shall be 50
removed from the program and the court shall be advised of 51
the removal.] division of probation and parole shall advise 52
the prosecuting attorn ey and the sentencing court of the 53
defendant's unsuccessful program exit and the defendant 54
shall be removed from the program. The department shall 55
report on the offender's participation in the program and 56
may provide recommendations for terms and cond itions of an 57
offender's probation. The court shall then have the power 58
to grant probation or order the execution of the offender's 59
sentence. 60
4. If the court is advised that an offender is not 61
eligible for placement in a one hundred twenty -day program 62
under subsection 3 of this section, the court shall consider 63
other authorized dispositions. If the department of 64
corrections one hundred twenty -day program under subsection 65
3 of this section is full, the court may place the offender 66
in a private program approved by the department of 67
corrections or the court, the expenses of such program to be 68
paid by the offender, or in an available program offered by 69
another organization. If the offender is convicted of a 70
class C, class D, or class E nonvi olent felony, the court 71
may order probation while awaiting appointment to treatment. 72
5. Except when the offender has been found to be a 73
predatory sexual offender pursuant to section 566.125, the 74
court shall request the department of corrections to conduct 75
a sexual offender assessment if the defendant has been found 76
guilty of sexual abuse when classified as a class B felony. 77
Upon completion of the assessment, the department shall 78
provide to the court a report on the offender and may 79
provide recommendations for terms and conditions of an 80 SCS HB 2088, HB 1705, 89
& HCS HB 1699
offender's probation. The assessment shall not be 81
considered a one hundred twenty -day program as provided 82
under subsection 3 of this section. The process for 83
granting probation to an offender who has compl eted the 84
assessment shall be as provided under subsections 2 and 6 of 85
this section. 86
6. Unless the offender is being granted probation 87
pursuant to successful completion of a one hundred twenty - 88
day program the circuit court shall notify the state i n 89
writing when the court intends to grant probation to the 90
offender pursuant to the provisions of this section. The 91
state may, in writing, request a hearing within ten days of 92
receipt of the court's notification that the court intends 93
to grant probation. Upon the state's request for a hearing, 94
the court shall grant a hearing as soon as reasonably 95
possible. If the state does not respond to the court's 96
notice in writing within ten days, the court may proceed 97
upon its own motion to grant probation. 98
7. An offender's first incarceration under this 99
section prior to release on probation shall not be 100
considered a previous prison commitment for the purpose of 101
determining a minimum prison term under the provisions of 102
section 558.019. 103
8. Notwithstanding any other provision of law, 104
probation may not be granted pursuant to this section to 105
offenders who have been convicted of murder in the second 106
degree pursuant to section 565.021; forcible rape pursuant 107
to section 566.030 as it existed prio r to August 28, 2013; 108
rape in the first degree under section 566.030; forcible 109
sodomy pursuant to section 566.060 as it existed prior to 110
August 28, 2013; sodomy in the first degree under section 111
566.060; statutory rape in the first degree pursuant to 112 SCS HB 2088, HB 1705, 90
& HCS HB 1699
section 566.032; statutory sodomy in the first degree 113
pursuant to section 566.062; child molestation in the first 114
degree pursuant to section 566.067 when classified as a 115
class A felony; abuse of a child pursuant to section 568.060 116
when classified as a class A felony; or an offender who has 117
been found to be a predatory sexual offender pursuant to 118
section 566.125; any offense under section 557.045; or any 119
offense in which there exists a statutory prohibition 120
against either probation or parole. 121
565.184. 1. A person commits the offense of abuse of 1
an elderly person, a person with a disability, or a 2
vulnerable person if he or she: 3
(1) Purposely engages in conduct involving more than 4
one incident that causes emotional distress to an elderly 5
person, a person with a disability, or a vulnerable person. 6
The course of conduct shall be such as would cause a 7
reasonable elderly person, person with a disability, or 8
vulnerable person to suffer substantial emotional distress; 9
or 10
(2) Intentionally fails to provide care, goods or 11
services to an elderly person, a person with a disability, 12
or a vulnerable person. The result of the conduct shall be 13
such as would cause a reasonable elderly person, person with 14
a disability, or vulnerable person to suffer physical or 15
emotional distress; or 16
(3) Knowingly acts or knowingly fails to act in a 17
manner which results in a substantial risk to the life, body 18
or health of an elderly person, a person with a disability, 19
or a vulnerable person. 20
2. The offense of abuse of an elderly person, a person 21
with a disability, or a vulnerable person is a class [A 22
misdemeanor] D felony. Nothing in this section shall be 23 SCS HB 2088, HB 1705, 91
& HCS HB 1699
construed to mean that an elderly person, a person with a 24
disability, or a vulnerable person is abused solely because 25
such person chooses to rely on spiritual means through 26
prayer, in lieu of medical care, for his or her health care, 27
as evidence by such person's explicit consent, advance 28
directive for health ca re, or practice. 29
566.010. As used in this chapter and chapter 568, the 1
following terms mean: 2
(1) "Aggravated sexual offense", any sexual offense, 3
in the course of which, the actor: 4
(a) Inflicts serious physical injury on t he victim; 5
(b) Displays a deadly weapon or dangerous instrument 6
in a threatening manner; 7
(c) Subjects the victim to sexual intercourse or 8
deviate sexual intercourse with more than one person; 9
(d) Had previously been found guilty of an o ffense 10
under this chapter or under section 573.200, child used in 11
sexual performance; section 573.205, promoting sexual 12
performance by a child; section 573.023, sexual exploitation 13
of a minor; section 573.025, promoting child pornography in 14
the first degree; section 573.035, promoting child 15
pornography in the second degree; section 573.037, 16
possession of child pornography; or section 573.040, 17
furnishing pornographic materials to minors; or has 18
previously been found guilty of an offense in another 19
jurisdiction which would constitute an offense under this 20
chapter or said sections; 21
(e) Commits the offense as part of an act or series of 22
acts performed by two or more persons as part of an 23
established or prescribed pattern of activity; or 24 SCS HB 2088, HB 1705, 92
& HCS HB 1699
(f) Engages in the act that constitutes the offense 25
with a person the actor knows to be, without regard to 26
legitimacy, the actor's: 27
a. Ancestor or descendant by blood or adoption; 28
b. Stepchild while the marriage creating that 29
relationship exists; 30
c. Brother or sister of the whole or half blood; or 31
d. Uncle, aunt, nephew, or niece of the whole blood; 32
(2) "Commercial sex act", any sex act on account of 33
which anything of value is given to or received by any 34
person; 35
(3) "Deviate sexual intercourse", any act involving 36
the genitals of one person and the hand, mouth, tongue, or 37
anus of another person or a sexual act involving the 38
penetration, however slight, of the penis, female genitalia, 39
or the anus by a finger, instru ment or object done for the 40
purpose of arousing or gratifying the sexual desire of any 41
person or for the purpose of terrorizing the victim; 42
(4) "Forced labor", a condition of servitude induced 43
by means of: 44
(a) Any scheme, plan, or pattern of behavior intended 45
to cause a person to believe that, if the person does not 46
enter into or continue the servitude, such person or another 47
person will suffer substantial bodily harm or physical 48
restraint; or 49
(b) The abuse or threatened abuse of th e legal process; 50
(5) "Sexual conduct", sexual intercourse, deviate 51
sexual intercourse or sexual contact; 52
(6) "Sexual contact", any touching of another person 53
with the genitals or any touching of the genitals or anus of 54
another person, or the breast of a female person, or such 55
touching through the clothing, or causing semen, seminal 56 SCS HB 2088, HB 1705, 93
& HCS HB 1699
fluid, or other ejaculate to come into contact with another 57
person, for the purpose of arousing or gratifying the sexual 58
desire of any person or for the purpos e of terrorizing the 59
victim; 60
(7) "Sexual intercourse", any penetration, however 61
slight, of the female genitalia by the penis. 62
566.086. 1. A person commits the offense of sexual 1
contact with a student if he or she has sexual co ntact with 2
a student of the school and is: 3
(1) A teacher, as that term is defined in subdivisions 4
(4), (5), and (7) of section 168.104; 5
(2) A student teacher; [or] 6
(3) An employee of the school; [or] 7
(4) A volunteer of the school or of an organization 8
working with the school on a project or program who is not a 9
student at the school; [or] 10
(5) An elected or appointed official of the school 11
district; [or] 12
(6) A person employed by an entity that contracts with 13
the school or school district to provide services ; or 14
(7) A coach, assistant coach, director, or other adult 15
with a school-aged team, club, or ensemble, regardless of 16
whether such team, club, or ensemble is connected to a 17
school or scholastic association. For purposes of this 18
subdivision, "school -aged team, club, or ensemble" means any 19
group consisting of any child or children under the age of 20
eighteen organized for individual or group competition for 21
the performance of sports activities or any group organized 22
for individual or group presentation for fine or performing 23
arts. 24
2. For the purposes of this section, "school" shall 25
mean any public or private school in this state serving 26 SCS HB 2088, HB 1705, 94
& HCS HB 1699
kindergarten through grade twelve or any school bus used by 27
the school district. 28
3. The offense of sexual contact with a student is a 29
class E felony. 30
4. It is not a defense to prosecution for a violation 31
of this section that the student consented to the sexual 32
contact. 33
566.149. 1. Any person who has been found guilty of: 1
(1) Violating any of the provisions of this chapter or 2
the provisions of section 568.020, incest; section 568.045, 3
endangering the welfare of a child in the first degree; 4
subsection 2 of section 568.080 as it existed prior to 5
January 1, 2017, or section 573.200, use of a child in a 6
sexual performance; section 568.090 as it existed prior to 7
January 1, 2017, or section 573.205, promoting a sexual 8
performance by a child; section 573.023, sexual exploitatio n 9
of a minor; section 573.037, possession of child 10
pornography; section 573.025, promoting child pornography; 11
or section 573.040, furnishing pornographic material to 12
minors; or 13
(2) Any offense in any other jurisdiction which, if 14
committed in this state, would be a violation listed in this 15
section; 16
shall not be present in or loiter within five hundred feet 17
of any school building, on real property comprising any 18
school, or in any conveyance owned, leased, or contracted by 19
a school to transport students to or from school or a school - 20
related activity when persons under the age of eighteen are 21
present in the building, on the grounds, or in the 22
conveyance, unless the offender is a parent, legal guardian, 23 SCS HB 2088, HB 1705, 95
& HCS HB 1699
or custodian of a student present in the building and has 24
met the conditions set forth in subsection 2 of this section. 25
2. No parent, legal guardian, or custodian who has 26
been found guilty of violating any of the offenses listed in 27
subsection 1 of this section shall be present in any sc hool 28
building, on real property comprising any school, or in any 29
conveyance owned, leased, or contracted by a school to 30
transport students to or from school or a school -related 31
activity when persons under the age of eighteen are present 32
in the building, on the grounds or in the conveyance unless 33
the parent, legal guardian, or custodian has permission to 34
be present from the superintendent or school board or in the 35
case of a private school from the principal. In the case of 36
a public school, if permi ssion is granted, the 37
superintendent or school board president must inform the 38
principal of the school where the sex offender will be 39
present. Permission may be granted by the superintendent, 40
school board, or in the case of a private school from the 41
principal for more than one event at a time, such as a 42
series of events, however, the parent, legal guardian, or 43
custodian must obtain permission for any other event he or 44
she wishes to attend for which he or she has not yet had 45
permission granted. 46
3. Regardless of the person's knowledge of his or her 47
proximity to school property or a school -related activity, 48
violation of the provisions of this section is a class A 49
misdemeanor. 50
566.150. 1. Any person who has been found guil ty of: 1
(1) Violating any of the provisions of this chapter or 2
the provisions of section 568.020, incest; section 568.045, 3
endangering the welfare of a child in the first degree; 4
section 573.200, use of a child in a sexual performance; 5 SCS HB 2088, HB 1705, 96
& HCS HB 1699
section 573.205, promoting a sexual performance by a child; 6
section 573.023, sexual exploitation of a minor; section 7
573.025, promoting child pornography; section 573.037, 8
possession of child pornography; or section 573.040, 9
furnishing pornographic material to mi nors; or 10
(2) Any offense in any other jurisdiction which, if 11
committed in this state, would be a violation listed in this 12
section; 13
shall not knowingly be present in or loiter within five 14
hundred feet of any real property comprising any public park 15
with playground equipment, a public swimming pool, athletic 16
complex or athletic fields if such facilities exist for the 17
primary use of recreation for children, any museum if such 18
museum holds itself out to the public as and exists with the 19
primary purpose of entertaining or educating children under 20
eighteen years of age, or Missouri department of 21
conservation nature or education center properties. 22
2. The first violation of the provisions of this 23
section is a class E felony. 24
3. A second or subsequent violation of this section is 25
a class D felony. 26
4. Any person who has been found guilty of an offense 27
under subdivision (1) or (2) of subsection 1 of this section 28
who is the parent, legal guardian, or custodian of a child 29
under the age of eighteen attending a program on the 30
property of a nature or education center of the Missouri 31
department of conservation may receive permission from the 32
nature or education center manager to be present on the 33
property with the child during the pro gram. 34
566.151. 1. A person twenty-one years of age or older 1
commits the offense of enticement of a child if he or she 2 SCS HB 2088, HB 1705, 97
& HCS HB 1699
persuades, solicits, coaxes, entices, or lures whether by 3
words, actions or through communication via the internet or 4
any electronic communication, any person who is less than 5
[fifteen] seventeen years of age for the purpose of engaging 6
in sexual conduct. 7
2. It is not a defense to a prosecution for a 8
violation of this section that the other person was a peac e 9
officer masquerading as a minor. 10
3. Enticement of a child or an attempt to commit 11
enticement of a child is a felony for which the authorized 12
term of imprisonment shall be not less than five years and 13
not more than thirty years. No person convicted under this 14
section shall be eligible for parole, probation, conditional 15
release, or suspended imposition or execution of sentence 16
for a period of five calendar years. 17
566.155. 1. Any person who has been found guilty of: 1
(1) Violating any of the provisions of this chapter or 2
the provisions of section 568.020, incest; section 568.045, 3
endangering the welfare of a child in the first degree; 4
section 573.200, use of a child in a sexual performance; 5
section 573.205, promotin g a sexual performance by a child; 6
section 573.023, sexual exploitation of a minor; section 7
573.037, possession of child pornography; section 573.025, 8
promoting child pornography; or section 573.040, furnishing 9
pornographic material to minors; [or] 10
(2) Any offense in any other jurisdiction which, if 11
committed in this state, would be a violation listed in this 12
section; or 13
(3) Any tier III offense listed under section 589.414; 14
shall not serve as an athletic coach, manager, or athletic 15
trainer for any sports team in which a child less than 16 SCS HB 2088, HB 1705, 98
& HCS HB 1699
[seventeen] eighteen years of age is a member or shall not 17
supervise or employ any child under eighteen years of age . 18
2. The first violation of the provisions of this 19
section is a class E felony. 20
3. A second or subsequent violation of this section is 21
a class D felony. 22
567.030. 1. A person commits the offense of 1
patronizing prostitution if he or she: 2
(1) Pursuant to a prior understanding, gives something 3
of value to another person as compensation for having 4
engaged in sexual conduct with any person; or 5
(2) Gives or agrees to give something of value to 6
another person with the understanding that such person or 7
another person will engage in sexual conduct wit h any 8
person; or 9
(3) Solicits or requests another person to engage in 10
sexual conduct with any person in return for something of 11
value. 12
2. It shall not be a defense that the person believed 13
that the individual he or she patronized for prosti tution 14
was eighteen years of age or older. 15
3. The offense of patronizing prostitution is a class 16
B misdemeanor, unless the individual who the person 17
patronizes is less than eighteen years of age but older than 18
[fourteen] fifteen years of age, in which case patronizing 19
prostitution is a class E felony. 20
4. The offense of patronizing prostitution is a class 21
[D] B felony if the individual who the person patronizes is 22
[fourteen] fifteen years of age or younger. Nothing in this 23
section shall preclude the prosecution of an individual for 24
the offenses of: 25 SCS HB 2088, HB 1705, 99
& HCS HB 1699
(1) Statutory rape in the first degree pursuant to 26
section 566.032; 27
(2) Statutory rape in the second degree pursuant to 28
section 566.034; 29
(3) Statutory sodomy in the first d egree pursuant to 30
section 566.062; or 31
(4) Statutory sodomy in the second degree pursuant to 32
section 566.064. 33
569.010. As used in this chapter the following terms 1
mean: 2
(1) "Cave or cavern", any naturally occurring 3
subterranean cavity enterable by a person including, without 4
limitation, a pit, pothole, natural well, grotto, and 5
tunnel, whether or not the opening has a natural entrance; 6
(2) "Enter unlawfully or remain unlawfully", a person 7
enters or remains in or u pon premises when he or she is not 8
licensed or privileged to do so. A person who, regardless 9
of his or her purpose, enters or remains in or upon premises 10
which are at the time open to the public does so with 11
license and privilege unless he or she defi es a lawful order 12
not to enter or remain, personally communicated to him or 13
her by the owner of such premises or by other authorized 14
person. A license or privilege to enter or remain in a 15
building which is only partly open to the public is not a 16
license or privilege to enter or remain in that part of the 17
building which is not open to the public; 18
(3) "Nuclear power plant", a power generating facility 19
that produces electricity by means of a nuclear reactor 20
owned by a utility or a consortium uti lity. Nuclear power 21
plant shall be limited to property within the structure or 22
fenced yard, as defined in section 563.011; 23 SCS HB 2088, HB 1705, 100
& HCS HB 1699
(4) "To tamper", to interfere with something 24
improperly, to meddle with it, displace it, make unwarranted 25
alterations in its existing condition, or to deprive, 26
temporarily, the owner or possessor of that thing; 27
(5) "Teller machine", an automated teller machine 28
(ATM) or interactive teller machine (ITM) is a remote 29
computer terminal owned or controlled by a financial 30
institution or a private business that allows individuals to 31
obtain financial services including obtaining cash, 32
transferring or transmitting money or digital currencies, 33
payment of bills, loading money or digital currency to a 34
payment card or other de vice without physical in -person 35
assistance from another person. "Teller machine" does not 36
include personally owned electronic devices used to access 37
financial services; 38
(6) "Utility", an enterprise which provides gas, 39
electric, steam, water, sew age disposal, or communication, 40
video, internet, or voice over internet protocol services, 41
and any common carrier. It may be either publicly or 42
privately owned or operated. 43
569.100. 1. A person commits the offense of property 1
damage in the first degree if such person: 2
(1) Knowingly damages property of another to an extent 3
exceeding seven hundred fifty dollars; or 4
(2) Damages property to an extent exceeding seven 5
hundred fifty dollars for the purpose of defrauding an 6
insurer; [or] 7
(3) Knowingly damages a motor vehicle of another and 8
the damage occurs while such person is making entry into the 9
motor vehicle for the purpose of committing the crime of 10
stealing therein or the damage occurs while such person is 11
committing the crime of stealing within the motor vehicle ; or 12 SCS HB 2088, HB 1705, 101
& HCS HB 1699
(4) Knowingly damages, modifies, or destroys a teller 13
machine or otherwise makes it inoperable . 14
2. The offense of property damage in the first degree 15
committed under subdivision (1) or (2) of subsection 1 of 16
this section is a class E felony, unless the offense of 17
property damage in the first degree was committed under 18
subdivision (1) of subsection 1 of this section and the 19
victim was intentionally targeted as a law enforcement 20
officer, as defined in section 556.061, or the victim is 21
targeted because he or she is a relative within the second 22
degree of consanguinity or affinity to a law enforcement 23
officer, in which case it is a class D felony. The offense 24
of property damage in the first degree committed under 25
subdivision (3) of subsection 1 of this section is a class D 26
felony unless committed as a second or subsequent violation 27
of subdivision (3) of subsection 1 of this section in which 28
case it is a class B felony. The offense of property damage 29
in the first degree committed under subdivision (4) of 30
subsection 1 of this section is a class D felony unless 31
committed for the purpose of executing any scheme or 32
artifice to defraud or obtain any property, the value of 33
which exceeds seven hundred fifty dollars or the damage to 34
the teller machine exceeds seven hundred fifty dollars in 35
which case it is a class C felony; or unless committed to 36
obtain the personal financial credentials of another person 37
or committed as a secon d or subsequent violation of 38
subdivision (4) of subsection 1 of this section in which 39
case it is a class B felony. 40
570.010. As used in this chapter, the following terms 1
mean: 2
(1) "Adulterated", varying from the standard of 3
composition or quality prescribed by statute or lawfully 4 SCS HB 2088, HB 1705, 102
& HCS HB 1699
promulgated administrative regulations of this state 5
lawfully filed, or if none, as set by commercial usage; 6
(2) "Appropriate", to take, obtain, use, transfer, 7
conceal, retain or dispose; 8
(3) "Check", a check or other similar sight order or 9
any other form of presentment involving the transmission of 10
account information for the payment of money; 11
(4) "Coercion", a threat, however communicated: 12
(a) To commit any offense; or 13
(b) To inflict physical injury in the future on the 14
person threatened or another; or 15
(c) To accuse any person of any offense; or 16
(d) To expose any person to hatred, contempt or 17
ridicule; or 18
(e) To harm the credit or business reputatio n of any 19
person; or 20
(f) To take or withhold action as a public servant, or 21
to cause a public servant to take or withhold action; or 22
(g) To inflict any other harm which would not benefit 23
the actor. A threat of accusation, lawsuit or other 24
invocation of official action is justified and not coercion 25
if the property sought to be obtained by virtue of such 26
threat was honestly claimed as restitution or 27
indemnification for harm done in the circumstances to which 28
the accusation, exposure, lawsu it or other official action 29
relates, or as compensation for property or lawful service. 30
The defendant shall have the burden of injecting the issue 31
of justification as to any threat; 32
(5) "Credit device", a writing, card, code, number or 33
other device purporting to evidence an undertaking to pay 34
for property or services delivered or rendered to or upon 35
the order of a designated person or bearer; 36 SCS HB 2088, HB 1705, 103
& HCS HB 1699
(6) "Dealer", a person in the business of buying and 37
selling goods; 38
(7) "Debit device", a writing, card, code, number or 39
other device, other than a check, draft or similar paper 40
instrument, by the use of which a person may initiate an 41
electronic fund transfer, including but not limited to 42
devices that enable electronic transfers of benefits to 43
public assistance recipients; 44
(8) "Deceit or deceive", making a representation which 45
is false and which the actor does not believe to be true and 46
upon which the victim relies, as to a matter of fact, law, 47
value, intention or other state of mi nd, or concealing a 48
material fact as to the terms of a contract or agreement. 49
The term "deceit" does not, however, include falsity as to 50
matters having no pecuniary significance, or puffing by 51
statements unlikely to deceive ordinary persons in the gro up 52
addressed. Deception as to the actor's intention to perform 53
a promise shall not be inferred from the fact alone that he 54
did not subsequently perform the promise; 55
(9) "Deprive": 56
(a) To withhold property from the owner permanently; or 57
(b) To restore property only upon payment of reward or 58
other compensation; or 59
(c) To use or dispose of property in a manner that 60
makes recovery of the property by the owner unlikely; 61
(10) "Electronic benefits card" or "EBT card", a debit 62
card used to access food stamps or cash benefits issued by 63
the department of social services; 64
(11) "Financial institution", a bank, trust company, 65
savings and loan association, or credit union; 66
(12) "Food stamps", the nutrition assistance prog ram 67
in Missouri that provides food and aid to low -income 68 SCS HB 2088, HB 1705, 104
& HCS HB 1699
individuals who are in need of benefits to purchase food 69
operated by the United States Department of Agriculture 70
(USDA) in conjunction with the department of social services; 71
(13) "Forcibly steals", a person, in the course of 72
stealing, uses or threatens the immediate use of physical 73
force upon another person for the purpose of: 74
(a) Preventing or overcoming resistance to the taking 75
of the property or to the retention thereof immediat ely 76
after the taking; or 77
(b) Compelling the owner of such property or another 78
person to deliver up the property or to engage in other 79
conduct which aids in the commission of the theft; 80
(14) "Internet service", an interactive computer 81
service or system or an information service, system, or 82
access software provider that provides or enables computer 83
access by multiple users to a computer server, and includes, 84
but is not limited to, an information service, system, or 85
access software provider that provides access to a network 86
system commonly known as the internet, or any comparable 87
system or service and also includes, but is not limited to, 88
a world wide web page, newsgroup, message board, mailing 89
list, or chat area on any interactive compu ter service or 90
system or other online service; 91
(15) "Means of identification", anything used by a 92
person as a means to uniquely distinguish himself or herself; 93
(16) "Merchant", a person who deals in goods of the 94
kind or otherwise by his or h er occupation holds oneself out 95
as having knowledge or skill peculiar to the practices or 96
goods involved in the transaction or to whom such knowledge 97
or skill may be attributed by his or her employment of an 98
agent or broker or other intermediary who by his or her 99 SCS HB 2088, HB 1705, 105
& HCS HB 1699
occupation holds oneself out as having such knowledge or 100
skill; 101
(17) "Mislabeled", varying from the standard of truth 102
or disclosure in labeling prescribed by statute or lawfully 103
promulgated administrative regulations of this state 104
lawfully filed, or if none, as set by commercial usage; or 105
represented as being another person's product, though 106
otherwise accurately labeled as to quality and quantity; 107
(18) "Pharmacy", any building, warehouse, physician's 108
office, hospital, pharmac eutical house or other structure 109
used in whole or in part for the sale, storage, or 110
dispensing of any controlled substance as defined in chapter 111
195; 112
(19) "Property", anything of value, whether real or 113
personal, tangible or intangible, in possess ion or in 114
action, and shall include but not be limited to the evidence 115
of a debt actually executed but not delivered or issued as a 116
valid instrument; 117
(20) "Public assistance benefits", anything of value, 118
including money, food, EBT cards, food sta mps, commodities, 119
clothing, utilities, utilities payments, shelter, drugs and 120
medicine, materials, goods, and any service including 121
institutional care, medical care, dental care, child care, 122
psychiatric and psychological service, rehabilitation 123
instruction, training, transitional assistance, or 124
counseling, received by or paid on behalf of any person 125
under chapters 198, 205, 207, 208, 209, and 660, or 126
benefits, programs, and services provided or administered by 127
the Missouri department of social serv ices or any of its 128
divisions; 129
(21) "Services" includes transportation, telephone, 130
electricity, gas, water, or other public service, cable 131 SCS HB 2088, HB 1705, 106
& HCS HB 1699
television service, video service, voice over internet 132
protocol service, or internet service, accommodation in 133
hotels, restaurants or elsewhere, admission to exhibitions 134
and use of vehicles; 135
(22) "Stealing-related offense", federal and state 136
violations of criminal statutes against stealing, robbery, 137
or buying or receiving stolen property and shall also 138
include municipal ordinances against the same if the 139
offender was either represented by counsel or knowingly 140
waived counsel in writing and the judge accepting the plea 141
or making the findings was a licensed attorney at the time 142
of the court proceeding s; 143
(23) "Teller machine", an automated teller machine 144
(ATM) or interactive teller machine (ITM) that is a remote 145
computer terminal or other device owned or controlled by a 146
financial institution or a private business that allows 147
individuals to obtain financial services, including 148
obtaining cash, transferring or transmitting moneys or 149
digital currencies, payment of bills, or loading moneys or 150
digital currency to a payment card, without physical in - 151
person assistance from another person. "Teller machine" 152
does not include personally owned electronic devices used to 153
access financial services; 154
(24) "Video service", the provision of video 155
programming provided through wireline facilities located at 156
least in part in the public right -of-way without regard to 157
delivery technology, including internet protocol technology 158
whether provided as part of a tier, on demand, or a per - 159
channel basis. This definition includes cable service as 160
defined by 47 U.S.C. Section 522(6), but does not include 161
any video programming provided by a commercial mobile 162
service provider as "commercial mobile service" is defined 163 SCS HB 2088, HB 1705, 107
& HCS HB 1699
in 47 U.S.C. Section 332(d), or any video programming 164
provided solely as part of and via a service that enables 165
users to access content, inform ation, electronic mail, or 166
other services offered over the public internet, and 167
includes microwave television transmission, from a 168
multipoint distribution service not capable of reception by 169
conventional television receivers without the use of special 170
equipment; 171
[(24)] (25) "Voice over internet protocol service", a 172
service that: 173
(a) Enables real-time, two-way voice communication; 174
(b) Requires a broadband connection from the user's 175
location; 176
(c) Requires internet protocol -compatible customer 177
premises equipment; and 178
(d) Permits users generally to receive calls that 179
originate on the public switched telephone network and to 180
terminate calls to the public switched telephone network; 181
[(25)] (26) "Writing" includes print ing, any other 182
method of recording information, money, coins, negotiable 183
instruments, tokens, stamps, seals, credit cards, badges, 184
trademarks and any other symbols of value, right, privilege 185
or identification. 186
570.030. 1. A person commits the offense of stealing 1
if he or she: 2
(1) Appropriates property or services of another with 3
the purpose to deprive him or her thereof, either without 4
his or her consent or by means of deceit or coercion; 5
(2) Attempts to appropriate a nhydrous ammonia or 6
liquid nitrogen of another with the purpose to deprive him 7
or her thereof, either without his or her consent or by 8
means of deceit or coercion; or 9 SCS HB 2088, HB 1705, 108
& HCS HB 1699
(3) For the purpose of depriving the owner of a lawful 10
interest therein, receiv es, retains or disposes of property 11
of another knowing that it has been stolen, or believing 12
that it has been stolen. 13
2. The offense of stealing is a class A felony if the 14
property appropriated consists of any of the following 15
containing any amount of anhydrous ammonia: a tank truck, 16
tank trailer, rail tank car, bulk storage tank, field nurse, 17
field tank or field applicator. 18
3. The offense of stealing is a class B felony if: 19
(1) The property appropriated or attempted to be 20
appropriated consists of any amount of anhydrous ammonia or 21
liquid nitrogen; 22
(2) The property consists of any animal considered 23
livestock as the term livestock is defined in section 24
144.010, or any captive wildlife held under permit issued by 25
the conservation commission, and the value of the animal or 26
animals appropriated exceeds three thousand dollars and that 27
person has previously been found guilty of appropriating any 28
animal considered livestock or captive wildlife held under 29
permit issued by the c onservation commission. 30
Notwithstanding any provision of law to the contrary, such 31
person shall serve a minimum prison term of not less than 32
eighty percent of his or her sentence before he or she is 33
eligible for probation, parole, [conditional release,] or 34
other early release by the department of corrections; 35
(3) A person appropriates property consisting of a 36
motor vehicle, watercraft, or aircraft, and that person has 37
previously been found guilty of two stealing -related 38
offenses committed on two separate occasions where such 39
offenses occurred within ten years of the date of occurrence 40
of the present offense; 41 SCS HB 2088, HB 1705, 109
& HCS HB 1699
(4) The property appropriated or attempted to be 42
appropriated consists of any animal considered livestock as 43
the term is defined in section 144.010 if the value of the 44
livestock exceeds ten thousand dollars; or 45
(5) The property appropriated or attempted to be 46
appropriated is owned by or in the custody of a financial 47
institution and the property is taken or attempted to be 48
taken physically from an individual person to deprive the 49
owner or custodian of the property. 50
4. The offense of stealing is a class C felony if the 51
value of the property or services appropriated is twenty - 52
five thousand dollars or more or the property is a teller 53
machine or the contents of a teller machine including cash 54
regardless of the value or amount . 55
5. The offense of stealing is a class D felony if: 56
(1) The value of the property or services appropriated 57
is seven hundred fifty dollars or more; 58
(2) The offender physically takes the property 59
appropriated from the person of the victim; or 60
(3) The property appropriated consists of: 61
(a) Any motor vehicle, watercraft or aircraft; 62
(b) Any will or unrecorded dee d affecting real 63
property; 64
(c) Any credit device, debit device or letter of 65
credit; 66
(d) Any firearms; 67
(e) Any explosive weapon as defined in section 571.010; 68
(f) Any United States national flag designed, intended 69
and used for display on buildings or stationary flagstaffs 70
in the open; 71 SCS HB 2088, HB 1705, 110
& HCS HB 1699
(g) Any original copy of an act, bill or resolution, 72
introduced or acted upon by the legislature of the state of 73
Missouri; 74
(h) Any pleading, notice, judgment or any other record 75
or entry of any court of this state, any other state or of 76
the United States; 77
(i) Any book of registration or list of voters 78
required by chapter 115; 79
(j) Any animal considered livestock as that term is 80
defined in section 144.010; 81
(k) Any live fish raised for commercial sale with a 82
value of seventy-five dollars or more; 83
(l) Any captive wildlife held under permit issued by 84
the conservation commission; 85
(m) Any controlled substance as defined by section 86
195.010; 87
(n) Ammonium nitrate; 88
(o) Any wire, electrical transformer, or metallic wire 89
associated with transmitting telecommunications, video, 90
internet, or voice over internet protocol service, or any 91
other device or pipe that is associated with conducting 92
electricity or transporting natural gas or other combustible 93
fuels; or 94
(p) Any material appropriated with the intent to use 95
such material to manufacture, compound, produce, prepare, 96
test or analyze amphetamine or methamphetamine or any of 97
their analogues. 98
6. The offense of stealing is a class E felony if: 99
(1) The property appropriated is an animal; 100
(2) The property is a catalytic converter; [or] 101
(3) A person has previously been found guilty of three 102
stealing-related offenses committed on three separate 103 SCS HB 2088, HB 1705, 111
& HCS HB 1699
occasions where such offenses occurred within ten years of 104
the date of occurrence of the present offense ; or 105
(4) The property appropriated is a letter, postal 106
card, package, bag, or other sealed article that was 107
delivered by common carrier or delivery service and not yet 108
received by the addressee or that had been left to be 109
collected for shipment by a common carrier or delivery 110
service. 111
7. The offense of stealing is a class D misdemeanor if 112
the property is not of a typ e listed in subsection 2, 3, 5, 113
or 6 of this section, the property appropriated has a value 114
of less than one hundred fifty dollars, and the person has 115
no previous findings of guilt for a stealing -related offense. 116
8. The offense of stealing is a cl ass A misdemeanor if 117
no other penalty is specified in this section. 118
9. If a violation of this section is subject to 119
enhanced punishment based on prior findings of guilt, such 120
findings of guilt shall be pleaded and proven in the same 121
manner as required by section 558.021. 122
10. The appropriation of any property or services of a 123
type listed in subsection 2, 3, 5, or 6 of this section or 124
of a value of seven hundred fifty dollars or more may be 125
considered a separate felony and may be charged in separate 126
counts. 127
11. The value of property or services appropriated 128
pursuant to one scheme or course of conduct, whether from 129
the same or several owners and whether at the same or 130
different times, constitutes a single criminal episode and 131
may be aggregated in determining the grade of the offense, 132
except as set forth in subsection 10 of this section. 133
570.036. 1. A person commits the offense of organized 1
retail theft if he or she, while alone or with any other 2 SCS HB 2088, HB 1705, 112
& HCS HB 1699
person or persons, commits a series of thefts of retail 3
merchandise against one or more persons either on the 4
premises of a merchant or through the use of an internet or 5
network site in this state with the intent to: 6
(1) Return the merchandise to the merchant for value; 7
or 8
(2) Resell, trade, or barter the merchandise for value 9
in any manner including, but not limited to, through the use 10
of an internet or network site. 11
2. The offense of organized retail theft is a class D 12
felony if the aggregated value of the property or services 13
involved in all thefts committed in this state during a 14
period of one hundred twenty days is no less than one 15
thousand five hundred dollars and no more than ten thousand 16
dollars. 17
3. The offense of organized reta il theft is a class C 18
felony if the aggregated value of the property or services 19
involved in all thefts committed in this state during a 20
period of one hundred twenty days is more than ten thousand 21
dollars. 22
4. In addition to any other penalty, the court shall 23
order a person who violates this section to pay restitution. 24
5. For the purposes of this section, in determining 25
the aggregated value of the property or services involved in 26
all thefts committed in this state during a period of one 27
hundred twenty days: 28
(1) The amount involved in a single theft shall be 29
deemed to be the highest value, by any reasonable standard, 30
of the property or services that are obtained; and 31
(2) The amounts involved in all thefts committed by 32
all participants in the organized retail theft shall be 33
aggregated. 34 SCS HB 2088, HB 1705, 113
& HCS HB 1699
6. In any prosecution for a violation of this section, 35
the violation shall be deemed to have been committed and may 36
be prosecuted in any jurisdiction in this state in which any 37
theft committed by any participant in the organized retail 38
theft was committed regardless of whether the defendant was 39
ever physically present in such jurisdiction. 40
571.015. 1. Any person who commits any felony under 1
the laws of this state by, with, or through the use, 2
assistance, or aid of a dangerous instrument or deadly 3
weapon is also guilty of the offense of armed criminal 4
action, the offense of armed criminal action shall be an 5
unclassified felony, and, upon conviction, shall be pun ished 6
by imprisonment by the department of corrections for a term 7
of not less than three years [and not to exceed fifteen 8
years], unless the person is unlawfully possessing a 9
firearm, in which case the term of imprisonment shall be for 10
a term of not less than five years. The punishment imposed 11
pursuant to this subsection shall be in addition to and 12
consecutive to any punishment provided by law for the crime 13
committed by, with, or through the use, assistance, or aid 14
of a dangerous instrument or dea dly weapon. No person 15
convicted under this subsection shall be eligible for 16
parole, probation, [conditional release, ] or suspended 17
imposition or execution of sentence [for a period of three 18
calendar years]. 19
2. Any person convicted of a second of fense of armed 20
criminal action under subsection 1 of this section shall be 21
punished by imprisonment by the department of corrections 22
for a term of not less than five years [and not to exceed 23
thirty years], unless the person is unlawfully possessing a 24
firearm, in which case the term of imprisonment shall be for 25
a term not less than fifteen years. The punishment imposed 26 SCS HB 2088, HB 1705, 114
& HCS HB 1699
pursuant to this subsection shall be in addition to and 27
consecutive to any punishment provided by law for the crime 28
committed by, with, or through the use, assistance, or aid 29
of a dangerous instrument or deadly weapon. No person 30
convicted under this subsection shall be eligible for 31
parole, probation, [conditional release, ] or suspended 32
imposition or execution of sentence [for a period of five 33
calendar years]. 34
3. Any person convicted of a third or subsequent 35
offense of armed criminal action under subsection 1 of this 36
section shall be punished by imprisonment by the department 37
of corrections for a term of not less than ten years, unless 38
the person is unlawfully possessing a firearm, in which case 39
the term of imprisonment shall be no less than fifteen 40
years. The punishment imposed pursuant to this subsection 41
shall be in addition to and consecutive to any punishment 42
provided by law for the crime committed by, with, or through 43
the use, assistance, or aid of a dangerous instrument or 44
deadly weapon. No person convicted under this subsection 45
shall be eligible for parole, probation, [conditional 46
release,] or suspended imposition or execution of sentence 47
[for a period of ten calendar years ]. 48
571.031. 1. This section shall be known and may be 1
cited as "Blair's Law". 2
2. A person commits the offense of unlawful discharge 3
of a firearm if, with cri minal negligence, he or she 4
discharges a firearm within or into the limits of any 5
municipality. 6
3. This section shall not apply if the firearm is 7
discharged: 8
(1) As allowed by a defense of justification under 9
chapter 563; 10 SCS HB 2088, HB 1705, 115
& HCS HB 1699
(2) On a properly supervised shooting range; 11
(3) To lawfully take wildlife during an open season 12
established by the department of conservation. Nothing in 13
this subdivision shall prevent a municipality from adopting 14
an ordinance restricting the discharge of a firearm within 15
one-quarter mile of an occupied structure; 16
(4) For the control of nuisance wildlife as permitted 17
by the department of conservation or the United States Fish 18
and Wildlife Service; 19
(5) By special permit of the chief of police o f the 20
municipality; 21
(6) As required by an animal control officer in the 22
performance of his or her duties; 23
(7) Using blanks; 24
(8) More than one mile from any occupied structure; 25
(9) In self-defense or defense of another person 26
against an animal attack if a reasonable person would 27
believe that deadly physical force against the animal is 28
immediately necessary and reasonable under the circumstances 29
to protect oneself or the other person; or 30
(10) By law enforcement personnel, a s defined in 31
section 590.1040, or a member of the United States Armed 32
Forces if acting in an official capacity. 33
4. A person who commits the offense of discharge of a 34
firearm shall be guilty of: 35
(1) For a first offense, a class A misdemeanor; 36
(2) For a second offense, a class E felony; and 37
(3) For a third or subsequent offense, a class D 38
felony. 39
571.070. 1. A person commits the offense of unlawful 1
possession of a firearm if such person knowingly has any 2
firearm in his or her possession and: 3 SCS HB 2088, HB 1705, 116
& HCS HB 1699
(1) Such person has been convicted of a felony under 4
the laws of this state, or of a crime under the laws of any 5
state or of the United States which, if committed within 6
this state, would be a felony; or 7
(2) Such person is a fugitive from justice, is 8
habitually in an intoxicated or drugged condition, or is 9
currently adjudged mentally incompetent. 10
2. Unlawful possession of a firearm is a class [D] C 11
felony, unless a person has been convicted of a dang erous 12
felony as defined in section 556.061 or the person has a 13
prior conviction for unlawful possession of a firearm , in 14
which case it is a class [C] B felony. 15
3. The provisions of subdivision (1) of subsection 1 16
of this section shall not apply t o the possession of an 17
antique firearm. 18
575.010. The following definitions shall apply to this 1
chapter and chapter 576: 2
(1) "Affidavit" means any written statement which is 3
authorized or required by law to be made under oath, a nd 4
which is sworn to before a person authorized to administer 5
oaths; 6
(2) "Government" means any branch or agency of the 7
government of this state or of any political subdivision 8
thereof; 9
(3) "Highway" means any public road or thoroughfare 10
for vehicles, including state roads, county roads and public 11
streets, avenues, boulevards, parkways or alleys in any 12
municipality; 13
(4) "Judicial proceeding" means any official 14
proceeding in court, or any proceeding authorized by or held 15
under the supervision of a court; 16 SCS HB 2088, HB 1705, 117
& HCS HB 1699
(5) "Juror" means a grand or petit juror, including a 17
person who has been drawn or summoned to attend as a 18
prospective juror; 19
(6) "Jury" means a grand or petit jury, including any 20
panel which has been drawn or summone d to attend as 21
prospective jurors; 22
(7) "Law enforcement animal" means a dog, horse, or 23
other animal used in law enforcement or a correctional 24
facility, or by a municipal police department, fire 25
department, search and rescue unit or agency, whethe r the 26
animal is on duty or not on duty. The term shall include, 27
but not be limited to, accelerant detection dogs, bomb 28
detection dogs, narcotic detection dogs, search and rescue 29
dogs, and tracking animals; 30
(8) "Official proceeding" means any cau se, matter, or 31
proceeding where the laws of this state require that 32
evidence considered therein be under oath or affirmation; 33
[(8) "Police animal" means a dog, horse or other 34
animal used in law enforcement or a correctional facility, 35
or by a municipal police department, fire department, search 36
and rescue unit or agency, whether the animal is on duty or 37
not on duty. The term shall include, but not be limited to, 38
accelerant detection dogs, bomb detection dogs, narcotic 39
detection dogs, search an d rescue dogs and tracking animals; ] 40
(9) "Public record" means any document which a public 41
servant is required by law to keep; 42
(10) "Testimony" means any oral statement under oath 43
or affirmation; 44
(11) "Victim" means any natural person a gainst whom 45
any crime is deemed to have been perpetrated or attempted; 46
(12) "Witness" means any natural person: 47 SCS HB 2088, HB 1705, 118
& HCS HB 1699
(a) Having knowledge of the existence or nonexistence 48
of facts relating to any crime; or 49
(b) Whose declaration under oath is received as 50
evidence for any purpose; or 51
(c) Who has reported any crime to any peace officer or 52
prosecutor; or 53
(d) Who has been served with a subpoena issued under 54
the authority of any court of this state. 55
575.095. 1. A person commits the offense of tampering 1
with a judicial officer if, with the purpose to harass, 2
intimidate or influence a judicial officer in the 3
performance of such officer's official duties, such person: 4
(1) Threatens or causes harm to such jud icial officer 5
or members of such judicial officer's family; 6
(2) Uses force, threats, or deception against or 7
toward such judicial officer or members of such judicial 8
officer's family; 9
(3) Offers, conveys or agrees to convey any benefit 10
direct or indirect upon such judicial officer or such 11
judicial officer's family; 12
(4) Engages in conduct reasonably calculated to harass 13
or alarm such judicial officer or such judicial officer's 14
family, including stalking pursuant to section 565.225 or 15
565.227; 16
(5) Disseminates through any means, including by 17
posting on the internet, the judicial officer's or the 18
judicial officer's family's personal information. For 19
purposes of this section, "personal information" includes a 20
home address, home or mobile telephone number, personal 21
email address, Social Security number, federal tax 22
identification number, checking or savings account numbers, 23 SCS HB 2088, HB 1705, 119
& HCS HB 1699
marital status, and identity of a child under eighteen years 24
of age. 25
2. A judicial officer for purposes of this section 26
shall be a judge or commissioner of a state or federal 27
court, arbitrator, special master, juvenile officer, deputy 28
juvenile officer, state prosecuting or circuit attorney, 29
state assistant prosecuting or circuit attorney, juveni le 30
court commissioner, state probation or parole officer, or 31
referee. 32
3. A judicial officer's family for purposes of this 33
section shall be: 34
(1) Such officer's spouse; or 35
(2) Such officer or such officer's spouse's ancestor 36
or descendant by blood or adoption; or 37
(3) Such officer's stepchild, while the marriage 38
creating that relationship exists. 39
4. The offense of tampering with a judicial officer is 40
a class D felony. 41
5. If a violation of this section results in death or 42
bodily injury to a judicial officer or a member of the 43
judicial officer's family, the offense is a class B felony. 44
575.200. 1. A person commits the offense of escape 1
from custody or attempted escape from custody if, while 2
being held in custody after arrest for any [crime] offense 3
or violation of probation or parole , he or she escapes or 4
attempts to escape from custody. 5
2. The offense of escape or attempted escape from 6
custody is a class A misdemeanor unless: 7
(1) The person escaping or attempting to escape is 8
under arrest for a felony, in which case it is a class E 9
felony; or 10 SCS HB 2088, HB 1705, 120
& HCS HB 1699
(2) The offense is committed by means of a deadly 11
weapon or dangerous instrument or by holding any person as 12
hostage, in which case i t is a class A felony. 13
575.205. 1. A person commits the offense of tampering 1
with electronic monitoring equipment if he or she 2
intentionally removes, alters, tampers with, damages, [or] 3
destroys, fails to charge, or otherwise disabl es electronic 4
monitoring equipment which a court, the division of 5
probation and parole or the parole board has required such 6
person to wear. 7
2. This section does not apply to the owner of the 8
equipment or an agent of the owner who is performing 9
ordinary maintenance or repairs on the equipment. 10
3. The offense of tampering with electronic monitoring 11
equipment is a class D felony. 12
4. The offense of tampering with electronic monitoring 13
equipment if a person fails to charge or otherwise disables 14
electronic monitoring equipment is a class E felony, unless 15
the offense for which the person was placed on electronic 16
monitoring was a misdemeanor, in which case it is a class A 17
misdemeanor. 18
575.353. 1. This section shall be known and may be 1
cited as "Max's Law". 2
2. A person commits the offense of assault on a 3
[police] law enforcement animal if he or she knowingly 4
attempts to kill or disable or knowingly causes or attempts 5
to cause serious physical injury to a [police] law 6
enforcement animal when that animal is involved in law 7
enforcement investigation, apprehension, tracking, or 8
search, or the animal is in the custody of or under the 9
control of a law enforcement officer, department of 10 SCS HB 2088, HB 1705, 121
& HCS HB 1699
corrections officer, mun icipal police department, fire 11
department or a rescue unit or agency. 12
[2.] 3. The offense of assault on a [police] law 13
enforcement animal is a [class C misdemeanor, unless ]: 14
(1) Class A misdemeanor, if the law enforcement animal 15
is not injured to the point of requiring veterinary care or 16
treatment; 17
(2) Class E felony if the law enforcement animal is 18
seriously injured to the point of requiring veterinary care 19
or treatment; and 20
(3) Class D felony if the assault results in the de ath 21
of such animal [or disables such animal to the extent it is 22
unable to be utilized as a police animal, in which case it 23
is a class E felony]. 24
578.007. The provisions of section 574.130 [,] and 1
sections 578.005 to 578.023 shall not apply to: 2
(1) Care or treatment performed by a licensed 3
veterinarian within the provisions of chapter 340; 4
(2) Bona fide scientific experiments; 5
(3) Hunting, fishing, or trapping as allowed by 6
chapter 252, including all practices and p rivileges as 7
allowed under the Missouri Wildlife Code; 8
(4) Facilities and publicly funded zoological parks 9
currently in compliance with the federal "Animal Welfare 10
Act" as amended; 11
(5) Rodeo practices currently accepted by the 12
Professional Rodeo Cowboy's Association; 13
(6) The killing of an animal by the owner thereof, the 14
agent of such owner, or by a veterinarian at the request of 15
the owner thereof; 16 SCS HB 2088, HB 1705, 122
& HCS HB 1699
(7) The lawful, humane killing of an animal by an 17
animal control officer, the o perator of an animal shelter, a 18
veterinarian, or law enforcement or health official; 19
(8) With respect to farm animals, normal or accepted 20
practices of animal husbandry; 21
(9) The killing of an animal by any person at any time 22
if such animal is outside of the owned or rented property of 23
the owner or custodian of such animal and the animal is 24
injuring any person or farm animal , but this exemption shall 25
not include [police or guard dogs ] the killing or injuring 26
of a law enforcement animal while working; 27
(10) The killing of house or garden pests; or 28
(11) Field trials, training and hunting practices as 29
accepted by the Professional Houndsmen of Missouri. 30
578.022. Any dog that is owned, or the service of 1
which is employed, by a law enforcement agency and that 2
bites or injures another animal or human in the course of 3
their official duties is exempt from the provisions of 4
sections 273.033 [and], 273.036 [and section], 578.012, and 5
578.024. 6
589.437. 1. For purposes of this section and section 1
43.650, the following persons shall be known as violent 2
offenders: 3
(1) Any person who is on probation or parole for: 4
(a) The offense of murder in the first degree under 5
section 565.020; 6
(b) The offense of murder in the second degree under 7
section 565.021; or 8
(c) An offense in a jurisdiction outside of this state 9
that would qualify under paragraph (a) or (b) of this 10
subdivision if the offense were to have been committed in 11
this state; and 12 SCS HB 2088, HB 1705, 123
& HCS HB 1699
(2) Any person who was found not guilty by reason of 13
mental disease or defect of an offense listed under 14
subdivision (1) of this subsection. 15
2. The division of probation and parole of the 16
department of corrections, or the departme nt of mental 17
health if the person qualifies as a violent offender under 18
subdivision (2) of subsection 1 of this section, shall 19
notify the Missouri state highway patrol if a violent 20
offender is placed on probation or parole, is placed on 21
conditional release, is removed from probation or parole, or 22
relocates to this state under the interstate compact for 23
adult offender supervision, sections 589.500 to 589.569, so 24
that the Missouri state highway patrol can update the 25
offender registry under section 43 .650. 26
589.564. 1. Upon a petition from the state, a circuit 1
court is authorized to add any condition to a term of 2
probation for an offender supervised in this state for a 3
term of probation ordered by another state, including shock 4
incarceration; however, the court shall not reduce, extend, 5
or revoke such a term of probation. The circuit court for 6
the jurisdiction in which a probationer is under supervision 7
shall serve as the authorizing court for the purposes of 8
this section. The prosecuting attorney or circuit attorney 9
for the jurisdiction in which a probationer is under 10
supervision shall serve as the authorized person to petition 11
the court to add a condition of probation. Notwithstanding 12
any provision of section 549.500 or 559.125, the division of 13
probation and parole may submit violation reports to the 14
prosecuting attorney or circuit attorney with authority to 15
petition the court to add a condition to a term of probation 16
under this section. 17 SCS HB 2088, HB 1705, 124
& HCS HB 1699
2. If supervision of a parolee in Missouri is 18
administered pursuant to this compact, the division of 19
probation and parole shall have the authority to impose a 20
sanction or additional conditions in response to written 21
violations of supervision; however, the division of 22
probation and parole shall not reduce, extend, or revoke 23
such a term of parole. 24
589.565. A Missouri probationer or parolee seeking 1
transfer of their supervision through this compact shall pay 2
a fee for each transfer application submitted in the amount 3
of one hundred seventy -five dollars. The transfer 4
application fee shall be paid to the compact commissioner 5
upon submission of the transfer application. The 6
commissioner or commissioner's designee may waive the 7
application fee if eith er the commissioner or the 8
commissioner's designee finds that payment of the fee would 9
constitute an undue economic burden on the offender. All 10
fees collected pursuant to this section shall be paid and 11
deposited to the credit of the "Missouri Intersta te Compact 12
Fund", which is hereby established in the state treasury. 13
The state treasurer shall be custodian of the fund. In 14
accordance with sections 30.170 and 30.180, the state 15
treasurer may approve disbursements. The fund shall be a 16
dedicated fund and, upon appropriation, moneys in the fund 17
shall be used for the sole benefit of the department of 18
corrections in support of administration of this section; 19
expenses related to assessment, retaking, staff development, 20
and training; and implementatio n of evidence-based practices 21
in support of offenders under supervision. Notwithstanding 22
the provisions of section 33.080 to the contrary, any moneys 23
remaining in the fund at the end of the biennium shall not 24
revert to the credit of the general revenu e fund. The state 25 SCS HB 2088, HB 1705, 125
& HCS HB 1699
treasurer shall invest moneys in the fund in the same manner 26
as other funds are invested. Any interest and moneys earned 27
on such investments shall be credited to the fund. 28
590.040. 1. The POST commission shall se t the minimum 1
number of hours of basic training for licensure as a peace 2
officer no lower [than four hundred seventy and no higher ] 3
than six hundred, with the following exceptions: 4
(1) Up to one thousand hours may be mandated for any 5
class of license required for commission by a state law 6
enforcement agency; 7
(2) As few as one hundred twenty hours may be mandated 8
for any class of license restricted to commission as a 9
reserve peace officer with police powers limited to the 10
commissioning political subdivision; 11
(3) Persons validly licensed on August 28, 2001, may 12
retain licensure without additional basic training; 13
(4) Persons licensed and commissioned within a county 14
of the third classification before July 1, 2002, may retain 15
licensure with one hundred twenty hours of basic training if 16
the commissioning political subdivision has adopted an order 17
or ordinance to that effect; 18
(5) Persons serving as a reserve officer on August 27, 19
2001, within a county of the first classif ication or a 20
county with a charter form of government and with more than 21
one million inhabitants on August 27, 2001, having 22
previously completed a minimum of one hundred sixty hours of 23
training, shall be granted a license necessary to function 24
as a reserve peace officer only within such county. For the 25
purposes of this subdivision, the term "reserve officer" 26
shall mean any person who serves in a less than full -time 27
law enforcement capacity, with or without pay and who, 28
without certification, has n o power of arrest and who, 29 SCS HB 2088, HB 1705, 126
& HCS HB 1699
without certification, must be under the direct and 30
immediate accompaniment of a certified peace officer of the 31
same agency at all times while on duty; and 32
(6) The POST commission shall provide for the 33
recognition of basic training received at law enforcement 34
training centers of other states, the military, the federal 35
government and territories of the United States regardless 36
of the number of hours included in such training and shall 37
have authority to require supplem ental training as a 38
condition of eligibility for licensure. 39
2. The director shall have the authority to limit any 40
exception provided in subsection 1 of this section to 41
persons remaining in the same commission or transferring to 42
a commission in a similar jurisdiction. 43
3. The basic training of every peace officer, except 44
agents of the conservation commission, shall include at 45
least thirty hours of training in the investigation and 46
management of cases involving domestic and family violence. 47
Such training shall include instruction, specific to 48
domestic and family violence cases, regarding: report 49
writing; physical abuse, sexual abuse, child fatalities and 50
child neglect; interviewing children and alleged 51
perpetrators; the nature, extent and causes of domestic and 52
family violence; the safety of victims, other family and 53
household members and investigating officers; legal rights 54
and remedies available to victims, including rights to 55
compensation and the enforcement of civil and criminal 56
remedies; services available to victims and their children; 57
the effects of cultural, racial and gender bias in law 58
enforcement; and state statutes. Said curriculum shall be 59
developed and presented in consultation with the department 60
of health and senior services, the children's division, 61 SCS HB 2088, HB 1705, 127
& HCS HB 1699
public and private providers of programs for victims of 62
domestic and family violence, persons who have demonstrated 63
expertise in training and education concerning domestic and 64
family violence, and the Missouri co alition against domestic 65
violence. 66
590.080. 1. The director shall have cause to 1
discipline any peace officer licensee who: 2
(1) Is unable to perform the functions of a peace 3
officer with reasonable competency or reasonable safe ty [as 4
a result of a mental condition, including alcohol or 5
substance abuse]; 6
(2) Has committed any criminal offense, whether or not 7
a criminal charge has been filed; 8
(3) Has been convicted, or has entered a plea of 9
guilty or nolo contender e, in a criminal prosecution under 10
the laws of any state, or the United States, or of any 11
country, regardless of whether or not sentence is imposed; 12
(4) Has committed any act [while on active duty or 13
under color of law] that involves moral turpitu de or a 14
reckless disregard for the safety of the public or any 15
person; 16
[(4)] (5) Has caused a material fact to be 17
misrepresented for the purpose of obtaining or retaining a 18
peace officer commission or any license issued pursuant to 19
this chapter; 20
[(5)] (6) Has violated a condition of any order of 21
probation lawfully issued by the director; [or 22
(6)] (7) Has violated a provision of this chapter or a 23
rule promulgated pursuant to this chapter ; 24
(8) Has tested positive for a controlle d substance, as 25
defined in chapter 195, without a valid prescription for the 26
controlled substance; 27 SCS HB 2088, HB 1705, 128
& HCS HB 1699
(9) Is subject to an order of another state, 28
territory, the federal government, or any peace officer 29
licensing authority suspending or revoking a p eace officer 30
license or certification; or 31
(10) Has committed any act of gross misconduct 32
indicating inability to function as a peace officer . 33
2. When the director has knowledge of cause to 34
discipline a peace officer license pursuant to this section, 35
the director may cause a complaint to be filed with the 36
administrative hearing commission, which shall conduct a 37
hearing to determine whether the director has cause for 38
discipline, and which shall issue findings of fact and 39
conclusions of law on the matter. The administrative 40
hearing commission shall not consider the relative severity 41
of the cause for discipline or any rehabilitation of the 42
licensee or otherwise impinge upon the discretion of the 43
director to determine appropriate discipli ne when cause 44
exists pursuant to this section. 45
3. Upon a finding by the administrative hearing 46
commission that cause to discipline exists, the director 47
shall, within thirty days, hold a hearing to determine the 48
form of discipline to be imposed an d thereafter shall 49
probate, suspend, or permanently revoke the license at 50
issue. If the licensee fails to appear at the director's 51
hearing, this shall constitute a waiver of the right to such 52
hearing. 53
4. Notice of any hearing pursuant to this ch apter or 54
section may be made by certified mail to the licensee's 55
address of record pursuant to subdivision (2) of subsection 56
3 of section 590.130. Proof of refusal of the licensee to 57
accept delivery or the inability of postal authorities to 58 SCS HB 2088, HB 1705, 129
& HCS HB 1699
deliver such certified mail shall be evidence that required 59
notice has been given. Notice may be given by publication. 60
5. Nothing contained in this section shall prevent a 61
licensee from informally disposing of a cause for discipline 62
with the consent of th e director by voluntarily surrendering 63
a license or by voluntarily submitting to discipline. 64
6. The provisions of chapter 621 and any amendments 65
thereto, except those provisions or amendments that are in 66
conflict with this chapter, shall apply to and govern the 67
proceedings of the administrative hearing commission and 68
pursuant to this section the rights and duties of the 69
parties involved. 70
595.201. 1. This section shall be known and may be 1
cited as the "Sexual Assault Survivo rs' Bill of Rights". 2
These rights shall be in addition to other rights as 3
designated by law and no person shall discourage a person 4
from exercising these rights. For the purposes of this 5
section, "sexual assault survivor" means any person who is 6
fourteen years of age or older and who may be a victim of a 7
sexual offense who presents themselves to an appropriate 8
medical provider, law enforcement officer, prosecuting 9
attorney, or court. 10
2. [The rights provided to survivors in this section 11
attach whenever a survivor is subject to a forensic 12
examination, as provided in section 595.220; and whenever a 13
survivor is subject to an interview by a law enforcement 14
official, prosecuting attorney, or defense attorney. ] A 15
sexual assault survivor retains all the rights of this 16
section [at all times] regardless of whether [the survivor 17
agrees to participate in the criminal justice system or in 18
family court; and regardless of whether the survivor 19
consents to a forensic examination to collect sexual ass ault 20 SCS HB 2088, HB 1705, 130
& HCS HB 1699
forensic evidence. The following rights shall be afforded 21
to sexual assault survivors ] a criminal investigation or 22
prosecution results or if the survivor has previously waived 23
any of these rights. A sexual assault survivor has the 24
right to: 25
(1) [A survivor has the right to ] Consult with an 26
employee or volunteer of a rape crisis center [during any 27
forensic examination that is subject to confidentiality 28
requirements pursuant to section 455.003, as well as the 29
right to have a support pers on of the survivor's choosing 30
present, subject to federal regulations as provided in 42 31
CFR 482; and during any interview by a law enforcement 32
official, prosecuting attorney, or defense attorney. A 33
survivor retains this right even if the survivor has waived 34
the right in a previous examination or interview; 35
(2) Reasonable costs incurred by a medical provider 36
for the forensic examination portion of the examination of a 37
survivor shall be paid by the department of public safety, 38
out of appropriations made for that purpose, as provided 39
under section 595.220. Evidentiary collection kits shall be 40
developed and made available, subject to appropriations, to 41
appropriate medical providers by the highway patrol or its 42
designees and eligible crime lab oratories. All appropriate 43
medical provider charges for eligible forensic examinations 44
shall be billed to and paid by the department of public 45
safety; 46
(3) Before a medical provider commences a forensic 47
examination of a survivor, the medical prov ider shall 48
provide the survivor with a document to be developed by the 49
department of public safety that explains the rights of 50
survivors, pursuant to this section, in clear language that 51
is comprehensible to a person proficient in English at the 52 SCS HB 2088, HB 1705, 131
& HCS HB 1699
fifth-grade level, accessible to persons with visual 53
disabilities, and available in all major languages of the 54
state. This document shall include, but is not limited to: 55
(a) The survivor's rights pursuant to this section and 56
other rules and regulation s by the department of public 57
safety and the department of health and senior services, 58
which shall be signed by the survivor of sexual assault to 59
confirm receipt; 60
(b) The survivor's right to consult with an employee 61
or volunteer of a rape crisis center, to be summoned by the 62
medical provider before the commencement of the forensic 63
examination, unless no employee or volunteer of a rape 64
crisis center can be summoned in a reasonably timely manner, 65
and to have present at least one support person o f the 66
victim's choosing; 67
(c) If an employee or volunteer of a rape crisis 68
center or a support person cannot be summoned in a timely 69
manner, the ramifications of delaying the forensic 70
examination; and 71
(d) After the forensic examination, the survivor's 72
right to shower at no cost, unless showering facilities are 73
not reasonably available; 74
(4) Before commencing an interview of a survivor, a 75
law enforcement officer, prosecuting attorney, or defense 76
attorney shall inform the survivor of t he following: 77
(a) The survivor's rights pursuant to this section and 78
other rules and regulations by the department of public 79
safety and the department of health and senior services, 80
which shall be signed by the survivor of sexual assault to 81
confirm receipt; 82
(b) The survivor's right to consult with an employee 83
or volunteer of a rape crisis center during any interview by 84 SCS HB 2088, HB 1705, 132
& HCS HB 1699
a law enforcement official, prosecuting attorney, or defense 85
attorney, to be summoned by the interviewer before the 86
commencement of the interview, unless no employee or 87
volunteer of a rape crisis center can be summoned in a 88
reasonably timely manner; 89
(c) The survivor's right to have a support person of 90
the survivor's choosing present during any interview by a 91
law enforcement officer, prosecuting attorney, or defense 92
attorney, unless the law enforcement officer, prosecuting 93
attorney, or defense attorney determines in his or her good 94
faith professional judgment that the presence of that 95
individual would be detrime ntal to the purpose of the 96
interview; and 97
(d) For interviews by a law enforcement officer, the 98
survivor's right to be interviewed by a law enforcement 99
official of the gender of the survivor's choosing. If no 100
law enforcement official of that gend er is reasonably 101
available, the survivor shall be interviewed by an available 102
law enforcement official only upon the survivor's consent; 103
(5) The right to counsel during an interview by a law 104
enforcement officer or during any interaction with the l egal 105
or criminal justice systems within the state; 106
(6) A law enforcement official, prosecuting attorney, 107
or defense attorney shall not, for any reason, discourage a 108
survivor from receiving a forensic examination; 109
(7) A survivor has the right to prompt analysis of 110
sexual assault forensic evidence, as provided under section 111
595.220; 112
(8) A survivor has the right to be informed, upon the 113
survivor's request, of the results of the analysis of the 114
survivor's sexual assault forensic evidenc e, whether the 115
analysis yielded a DNA profile, and whether the analysis 116 SCS HB 2088, HB 1705, 133
& HCS HB 1699
yielded a DNA match, either to the named perpetrator or to a 117
suspect already in CODIS. The survivor has the right to 118
receive this information through a secure and confidential 119
message in writing from the crime laboratory so that the 120
survivor can call regarding the results; 121
(9) A defendant or person accused or convicted of a 122
crime against a survivor shall have no standing to object to 123
any failure to comply with this sectio n, and the failure to 124
provide a right or notice to a survivor under this section 125
may not be used by a defendant to seek to have the 126
conviction or sentence set aside; 127
(10) The failure of a law enforcement agency to take 128
possession of any sexual as sault forensic evidence or to 129
submit that evidence for analysis within the time prescribed 130
under section 595.220 does not alter the authority of a law 131
enforcement agency to take possession of that evidence or to 132
submit that evidence to the crime labora tory, and does not 133
alter the authority of the crime laboratory to accept and 134
analyze the evidence or to upload the DNA profile obtained 135
from that evidence into CODIS. The failure to comply with 136
the requirements of this section does not constitute grou nds 137
in any criminal or civil proceeding for challenging the 138
validity of a database match or of any database information, 139
and any evidence of that DNA record shall not be excluded by 140
a court on those grounds; 141
(11) No sexual assault forensic eviden ce shall be used 142
to prosecute a survivor for any misdemeanor crimes or any 143
misdemeanor crime pursuant to sections 579.015 to 579.185; 144
or as a basis to search for further evidence of any 145
unrelated misdemeanor crimes or any misdemeanor crime 146
pursuant to sections 579.015 to 579.185, that shall have 147
been committed by the survivor, except that sexual assault 148 SCS HB 2088, HB 1705, 134
& HCS HB 1699
forensic evidence shall be admissible as evidence in any 149
criminal or civil proceeding against the defendant or person 150
accused; 151
(12) Upon initial interaction with a survivor, a law 152
enforcement officer shall provide the survivor with a 153
document to be developed by the department of public safety 154
that explains the rights of survivors, pursuant to this 155
section, in clear language that is compr ehensible to a 156
person proficient in English at the fifth -grade level, 157
accessible to persons with visual disabilities, and 158
available in all major languages of the state. This 159
document shall include, but is not limited to: 160
(a) A clear statement th at a survivor is not required 161
to participate in the criminal justice system or to receive 162
a forensic examination in order to retain the rights 163
provided by this section and other relevant law; 164
(b) Telephone and internet means of contacting nearby 165
rape crisis centers and employees or volunteers of a rape 166
crisis center; 167
(c) Forms of law enforcement protection available to 168
the survivor, including temporary protection orders, and 169
the process to obtain such protection; 170
(d) Instructions for requesting the results of the 171
analysis of the survivor's sexual assault forensic 172
evidence; and 173
(e) State and federal compensation funds for medical 174
and other costs associated with the sexual assault and any 175
municipal, state, or federal right to restitution for 176
survivors in the event of a criminal trial; 177
(13) A law enforcement official shall, upon written 178
request by a survivor, furnish within fourteen days of 179
receiving such request a free, complete, and unaltered copy 180 SCS HB 2088, HB 1705, 135
& HCS HB 1699
of all law enforcement reports concerning the sexual 181
assault, regardless of whether the report has been closed by 182
the law enforcement agency; 183
(14) A prosecuting attorney shall, upon written 184
request by a survivor, provide: 185
(a) Timely notice of any pretrial disposition of the 186
case; 187
(b) Timely notice of the final disposition of the 188
case, including the conviction, sentence, and place and time 189
of incarceration; 190
(c) Timely notice of a convicted defendant's location, 191
including whenever the defendan t receives a temporary, 192
provisional, or final release from custody, escapes from 193
custody, is moved from a secure facility to a less secure 194
facility, or reenters custody; and 195
(d) A convicted defendant's information on a sex 196
offender registry, if a ny; 197
(15) In either a civil or criminal case relating to 198
the sexual assault, a survivor has the right to be 199
reasonably protected from the defendant and persons acting 200
on behalf of the defendant, as provided under section 201
595.209 and Article I, Sec tion 32 of the Missouri 202
Constitution; 203
(16) A survivor has the right to be free from 204
intimidation, harassment, and abuse, as provided under 205
section 595.209 and Article I, Section 32 of the Missouri 206
Constitution; 207
(17) A survivor shall not be required to submit to a 208
polygraph examination as a prerequisite to filing an 209
accusatory pleading, as provided under 595.223, or to 210
participating in any part of the criminal justice system; 211 SCS HB 2088, HB 1705, 136
& HCS HB 1699
(18) A survivor has the right to be heard through a 212
survivor impact statement at any proceeding involving a post 213
arrest release decision, plea, sentencing, post conviction 214
release decision, or any other proceeding where a right of 215
the survivor is at issue, as provided under section 595.229 216
and Article I, Section 32 of the Missouri Constitution. 217
3. For purposes of this section, the following terms 218
mean: 219
(1) "CODIS", the Federal Bureau of Investigation's 220
Combined DNA Index System that allows the storage and 221
exchange of DNA records submitted by fe deral, state, and 222
local DNA crime laboratories. The term "CODIS" includes the 223
National DNA Index System administered and operated by the 224
Federal Bureau of Investigation; 225
(2) "Crime", an act committed in this state which, 226
regardless of whether it is adjudicated, involves the 227
application of force or violence or the threat of force or 228
violence by the offender upon the victim and shall include 229
the crime of driving while intoxicated, vehicular 230
manslaughter and hit and run; and provided, further, t hat no 231
act involving the operation of a motor vehicle, except 232
driving while intoxicated, vehicular manslaughter and hit 233
and run, which results in injury to another shall constitute 234
a crime for the purpose of this section, unless such injury 235
was intentionally inflicted through the use of a motor 236
vehicle. A crime shall also include an act of terrorism, as 237
defined in 18 U.S.C. Section 2331, which has been committed 238
outside of the United States against a resident of Missouri; 239
(3) "Crime laboratory", a laboratory operated or 240
supported financially by the state, or any unit of city, 241
county, or other local Missouri government that employs at 242
least one scientist who examines physical evidence in 243 SCS HB 2088, HB 1705, 137
& HCS HB 1699
criminal matters and provides expert or opinion testi mony 244
with respect to such physical evidence in a state court of 245
law; 246
(4) "Disposition", the sentencing or determination of 247
a penalty or punishment to be imposed upon a person 248
convicted of a crime or found delinquent or against who a 249
finding of sufficient facts for conviction or finding of 250
delinquency is made; 251
(5) "Law enforcement official", a sheriff and his 252
regular deputies, municipal police officer, or member of the 253
Missouri state highway patrol and such other persons as may 254
be designated by law as peace officers; 255
(6) "Medical provider", any qualified health care 256
professional, hospital, other emergency medical facility, or 257
other facility conducting a forensic examination of the 258
survivor; 259
(7) "Rape crisis center", any pub lic or private agency 260
that offers assistance to victims of sexual assault, as the 261
term sexual assault is defined in section 455.010, who are 262
adults, as defined by section 455.010, or qualified minors, 263
as defined by section 431.056; 264
(8) "Restitution", money or services which a court 265
orders a defendant to pay or render to a survivor as part of 266
the disposition; 267
(9) "Sexual assault survivor", any person who is a 268
victim of an alleged sexual offense under sections 566.010 269
to 566.223 and, if th e survivor is incompetent, deceased, or 270
a minor who is unable to consent to counseling services, the 271
parent, guardian, spouse, or any other lawful representative 272
of the survivor, unless such person is the alleged assailant; 273
(10) "Sexual assault forensic evidence", any human 274
biological specimen collected by a medical provider during a 275 SCS HB 2088, HB 1705, 138
& HCS HB 1699
forensic medical examination from an alleged survivor, as 276
provided for in section 595.220, including, but not limited 277
to, a toxicology kit; 278
(11) "Survivor", a natural person who suffers direct 279
or threatened physical, emotional, or financial harm as the 280
result of the commission or attempted commission of a 281
crime. The term "victim" also includes the family members 282
of a minor, incompetent or homicide victim. ] as defined in 283
section 455.003; 284
(2) A sexual assault forensic examination as provided 285
in section 595.220, or when a telehealth network is 286
established, a forensic examination as provided in section 287
192.2520 and section 197.135; 288
(3) A shower and a change of clothing, as reasonably 289
available, at no cost to the sexual assault survivor; 290
(4) Request to be examined by an appropriate medical 291
provider or interviewed by a law enforcement officer of the 292
gender of the sexual assault survivor's choosing, when there 293
is an available appropriate medical provider or law 294
enforcement official of the gender of the sexual assault 295
survivor's choosing; 296
(5) An interpreter who can communicate in the language 297
of the sexual assault survivor's choice , as is reasonably 298
available, in a timely manner; 299
(6) Notification and basic overview of the options of 300
choosing a reported evidentiary collection kit, unreported 301
evidentiary collection kit, or anonymous evidentiary 302
collection kit as defined in s ection 595.220; 303
(7) Notification about the evidence tracking system as 304
defined in subsection 9 of section 595.220; 305
(8) Notification about the right to information 306
pursuant to subsection 4 of section 610.100; 307 SCS HB 2088, HB 1705, 139
& HCS HB 1699
(9) Be free from intimidatio n, harassment, and abuse 308
in any related criminal or civil proceeding and the right to 309
reasonable protection from the offender or any person acting 310
on behalf of the offender from harm and threats of harm 311
arising out of the survivor's disclosure of the s exual 312
assault. 313
3. An appropriate medical provider, law enforcement 314
officer, and prosecuting attorney shall provide the sexual 315
assault survivor with notification of the rights of 316
survivors pursuant to subsection 2 of this section in a 317
timely manner. Each appropriate medical provider, law 318
enforcement officer, and prosecuting attorney shall ensure 319
that the sexual assault survivor has been notified of these 320
rights. 321
4. The department of public safety shall develop a 322
document in collaboratio n with Missouri-based stakeholders. 323
Missouri-based stakeholders shall include, but not be 324
limited to, the following: 325
(1) Prosecuting attorneys; 326
(2) Chief law enforcement officers or their designees; 327
(3) Appropriate medical providers, a s defined in 328
section 595.220; 329
(4) Representatives of the statewide coalition against 330
domestic and sexual violence; 331
(5) Representatives of rape crisis centers; 332
(6) Representatives of the Missouri Hospital 333
Association; 334
(7) The director of the Missouri highway patrol crime 335
lab or their designee; and 336
(8) The director of the department of health and 337
senior services or their designee. 338
5. The document shall include the following: 339 SCS HB 2088, HB 1705, 140
& HCS HB 1699
(1) A description of the rights of the sexual assault 340
survivor pursuant to this section; and 341
(2) Telephone and internet means for contacting the 342
local rape crisis center, as defined in section 455.003. 343
The department of public safety shall provide this document 344
in clear language that is comprehensible to a person 345
proficient in English and shall provide this document in any 346
other foreign language spoken by at least five percent of 347
the population in any county or city not within a county in 348
Missouri. 349
595.226. 1. After August 28, 2007, any information 1
contained in any court record, whether written or published 2
on the internet, including any visual or aural recordings 3
that could be used to identify or locate any victim of an 4
offense under chapter 566 or a victim of domestic assault or 5
stalking shall be closed and redacted from such record prior 6
to disclosure to the public. Identifying information shall 7
include, but shall not be limited to, the name, home or 8
temporary address, personal email address, telephone number, 9
Social Security number, birth date, place of employment, any 10
health information, including human immunodeficiency virus 11
(HIV) status, any information from a forensic testing 12
report, or physical characteristics, including an 13
unobstructed visual image of the victim's face or body. 14
2. [If the court determines that a person or entity 15
who is requesting identifying information of a victim has a 16
legitimate interest in obtaining such information, the court 17
may allow access to the information , but only if the court 18
determines that disclosure to the person or entity would not 19
compromise the welfare or safety of such victim, ] Any person 20
who is requesting identifying information of a victim and 21 SCS HB 2088, HB 1705, 141
& HCS HB 1699
who has a legitimate interest in obtaining such information 22
may petition the court for an in camera inspection of the 23
records. If the court determines the person is entitled to 24
all or any part of such records, the court may order 25
production and disclosure of the records, but only if the 26
court determines that the disclosure to the person or entity 27
would not compromise the welfare or safety of the victim, 28
and only after providing reasonable notice to the victim and 29
after allowing the victim the right to respond to such 30
request. 31
3. Notwithstanding the provisions of subsection 1 of 32
this section, the judge presiding over a case under chapter 33
566 or a case of domestic assault or stalking shall have the 34
discretion to publicly disclose identifying information 35
regarding the defendant which coul d be used to identify or 36
locate the victim of the crime. The victim may provide a 37
statement to the court regarding whether he or she desires 38
such information to remain closed. When making the decision 39
to disclose such information, the judge shall con sider the 40
welfare and safety of the victim and any statement to the 41
court received from the victim regarding the disclosure. 42
595.320. If a judge orders a person who has been 1
convicted of an offense under sections 565.072 to 565.076 to 2
attend any batterer intervention program, as defined in 3
section 455.549, the person shall be financially responsible 4
for any costs associated with attending such class. 5
600.042. 1. The director shall: 1
(1) Direct and supervise the work of the deputy 2
directors and other state public defender office personnel 3
appointed pursuant to this chapter; and he or she and the 4
deputy director or directors may participate in the trial 5 SCS HB 2088, HB 1705, 142
& HCS HB 1699
and appeal of criminal actions at the request of t he 6
defender; 7
(2) Submit to the commission, between August fifteenth 8
and September fifteenth of each year, a report which shall 9
include all pertinent data on the operation of the state 10
public defender system, the costs, projected needs, and 11
recommendations for statutory changes. Prior to October 12
fifteenth of each year, the commission shall submit such 13
report along with such recommendations, comments, 14
conclusions, or other pertinent information it chooses to 15
make to the chief justice, the gove rnor, and the general 16
assembly. Such reports shall be a public record, shall be 17
maintained in the office of the state public defender, and 18
shall be otherwise distributed as the commission shall 19
direct; 20
(3) With the approval of the commission, es tablish 21
such divisions, facilities and offices and select such 22
professional, technical and other personnel, including 23
investigators, as he deems reasonably necessary for the 24
efficient operation and discharge of the duties of the state 25
public defender system under this chapter; 26
(4) Administer and coordinate the operations of 27
defender services and be responsible for the overall 28
supervision of all personnel, offices, divisions and 29
facilities of the state public defender system, except that 30
the director shall have no authority to direct or control 31
the legal defense provided by a defender to any person 32
served by the state public defender system; 33
(5) Develop programs and administer activities to 34
achieve the purposes of this chapter; 35
(6) Keep and maintain proper financial records with 36
respect to the provision of all public defender services for 37 SCS HB 2088, HB 1705, 143
& HCS HB 1699
use in the calculating of direct and indirect costs of any 38
or all aspects of the operation of the state public defender 39
system; 40
(7) Supervise the training of all public defenders and 41
other personnel and establish such training courses as shall 42
be appropriate; 43
(8) With approval of the commission, promulgate 44
necessary rules, regulations and instructions consistent 45
with this chapter defining the organization of the state 46
public defender system and the responsibilities of division 47
directors, district defenders, deputy district defenders, 48
assistant public defenders and other personnel; 49
(9) With the approval of the commission , apply for and 50
accept on behalf of the public defender system any funds 51
which may be offered or which may become available from 52
government grants, private gifts, donations or bequests or 53
from any other source. Such moneys shall be deposited in 54
the [state general revenue ] public defender - federal and 55
other fund; 56
(10) Contract for legal services with private 57
attorneys on a case-by-case basis and with assigned counsel 58
as the commission deems necessary considering the needs of 59
the area, for fees approved and established by the 60
commission; 61
(11) With the approval and on behalf of the 62
commission, contract with private attorneys for the 63
collection and enforcement of liens and other judgments owed 64
to the state for services rendered by the state public 65
defender system. 66
2. No rule or portion of a rule promulgated under the 67
authority of this chapter shall become effective unless it 68 SCS HB 2088, HB 1705, 144
& HCS HB 1699
has been promulgated pursuant to the provisions of section 69
536.024. 70
3. The director and defenders shall, within guidelines 71
as established by the commission and as set forth in 72
subsection 4 of this section, accept requests for legal 73
services from eligible persons entitled to counsel under 74
this chapter or otherwise so entitled under the constitution 75
or laws of the United States or of the state of Missouri and 76
provide such persons with legal services when, in the 77
discretion of the director or the defenders, such provision 78
of legal services is appropriate. 79
4. The director and defenders shall provide legal 80
services to an eligible person: 81
(1) Who is detained or charged with a felony, 82
including appeals from a conviction in such a case; 83
(2) Who is detained or charged with a misdemeanor 84
which will probably result in confinement in th e county jail 85
upon conviction, including appeals from a conviction in such 86
a case, unless the prosecuting or circuit attorney has 87
waived a jail sentence; 88
(3) Who is charged with a violation of probation when 89
it has been determined by a judge that the appointment of 90
counsel is necessary to protect the person's due process 91
rights under section 559.036; 92
(4) Who has been taken into custody pursuant to 93
section 632.489, including appeals from a determination that 94
the person is a sexually viole nt predator and petitions for 95
release, notwithstanding any provisions of law to the 96
contrary; 97
(5) For whom the federal constitution or the state 98
constitution requires the appointment of counsel; and 99 SCS HB 2088, HB 1705, 145
& HCS HB 1699
(6) Who is charged in a case in which he o r she faces 100
a loss or deprivation of liberty, and in which the federal 101
or the state constitution or any law of this state requires 102
the appointment of counsel; however, the director and the 103
defenders shall not be required to provide legal services to 104
persons charged with violations of county or municipal 105
ordinances, or misdemeanor offenses except as provided in 106
this section. 107
5. The director may: 108
(1) Delegate the legal representation of an eligible 109
person to any member of the state bar of Missouri; 110
(2) Designate persons as representatives of the 111
director for the purpose of making indigency determinations 112
and assigning counsel. 113
6. There is hereby created within the state treasury 114
the "Public Defender - Federal and Other Fund", which shall 115
be funded annually by appropriation, and which shall contain 116
moneys received from any other funds from government grants, 117
private gifts, donations, bequests, or any other source to 118
be used for the purpose of funding local offices of the 119
office of the state public defender. The state treasurer 120
shall be the custodian of the fund and shall approve 121
disbursements from the fund upon the request of the director 122
of the office of state public defender. Any interest or 123
other earnings with resp ect to amounts transferred to the 124
fund shall be credited to the fund. Notwithstanding the 125
provisions of section 33.080 to the contrary, any unexpended 126
balances in the fund at the end of any fiscal year shall not 127
be transferred to the general revenue f und or any other fund. 128
630.155. 1. A person commits the offense of patient, 1
resident or client abuse or neglect against any person 2
admitted on a voluntary or involuntary basis to any mental 3 SCS HB 2088, HB 1705, 146
& HCS HB 1699
health facility or mental health program i n which people may 4
be civilly detained pursuant to chapter 632, or any patient, 5
resident or client of any residential facility, day program 6
or specialized service operated, funded or licensed by the 7
department if he knowingly does any of the following: 8
(1) Beats, strikes or injures any person, patient, 9
resident or client; 10
(2) Mistreats or maltreats, handles or treats any such 11
person, patient, resident or client in a brutal or inhuman 12
manner; 13
(3) Uses any more force than is reasonabl y necessary 14
for the proper control, treatment or management of such 15
person, patient, resident or client; 16
(4) Fails to provide services which are reasonable and 17
necessary to maintain the physical and mental health of any 18
person, patient, resident or client when such failure 19
presents either an imminent danger to the health, safety or 20
welfare of the person, patient, resident or client, or a 21
substantial probability that death or serious physical harm 22
will result. 23
2. Patient, resident or clie nt abuse or neglect is a 24
class A misdemeanor unless committed under subdivision (2) 25
or (4) of subsection 1 of this section in which case such 26
abuse or neglect shall be a class [E] D felony. 27
632.305. 1. An application for detention f or 1
evaluation and treatment may be executed by any adult 2
person, who need not be an attorney or represented by an 3
attorney, including the mental health coordinator, on a form 4
provided by the court for such purpose, and [must] shall 5
allege under oath, without a notarization requirement, that 6
the applicant has reason to believe that the respondent is 7
suffering from a mental disorder and presents a likelihood 8 SCS HB 2088, HB 1705, 147
& HCS HB 1699
of serious harm to himself or herself or to others. The 9
application [must] shall specify the factual information on 10
which such belief is based and should contain the names and 11
addresses of all persons known to the applicant who have 12
knowledge of such facts through personal observation. 13
2. The filing of a written application in court by a ny 14
adult person, who need not be an attorney or represented by 15
an attorney, including the mental health coordinator, shall 16
authorize the applicant to bring the matter before the court 17
on an ex parte basis to determine whether the respondent 18
should be taken into custody and transported to a mental 19
health facility. The application may be filed in the court 20
having probate jurisdiction in any county where the 21
respondent may be found. If the court finds that there is 22
probable cause, either upon testim ony under oath or upon a 23
review of affidavits, to believe that the respondent may be 24
suffering from a mental disorder and presents a likelihood 25
of serious harm to himself or herself or others, it shall 26
direct a peace officer to take the respondent into custody 27
and transport him or her to a mental health facility for 28
detention for evaluation and treatment for a period not to 29
exceed ninety-six hours unless further detention and 30
treatment is authorized pursuant to this chapter. Nothing 31
herein shall be construed to prohibit the court, in the 32
exercise of its discretion, from giving the respondent an 33
opportunity to be heard. 34
3. A mental health coordinator may request a peace 35
officer to take or a peace officer may take a person into 36
custody for detention for evaluation and treatment for a 37
period not to exceed ninety -six hours only when such mental 38
health coordinator or peace officer has reasonable cause to 39
believe that such person is suffering from a mental disorder 40 SCS HB 2088, HB 1705, 148
& HCS HB 1699
and that the likelihood of serious harm by such person to 41
himself or herself or others is imminent unless such person 42
is immediately taken into custody. Upon arrival at the 43
mental health facility, the peace officer or mental health 44
coordinator who conveyed such person or cause d him or her to 45
be conveyed shall either present the application for 46
detention for evaluation and treatment upon which the court 47
has issued a finding of probable cause and the respondent 48
was taken into custody or complete an application for 49
initial detention for evaluation and treatment for a period 50
not to exceed ninety -six hours which shall be based upon his 51
or her own personal observations or investigations and shall 52
contain the information required in subsection 1 of this 53
section. 54
4. If a person presents himself or herself or is 55
presented by others to a mental health facility and a 56
licensed physician, a registered professional nurse or a 57
mental health professional designated by the head of the 58
facility and approved by the department for such purpose has 59
reasonable cause to believe that the person is mentally 60
disordered and presents an imminent likelihood of serious 61
harm to himself or herself or others unless he or she is 62
accepted for detention, the licensed physician, the mental 63
health professional or the registered professional nurse 64
designated by the facility and approved by the department 65
may complete an application for detention for evaluation and 66
treatment for a period not to exceed ninety -six hours. The 67
application shall be based on his or her own personal 68
observations or investigation and shall contain the 69
information required in subsection 1 of this section. 70
5. Any oath required by the provisions of this section 71
shall be subject to the provisions of section 492.0 60. 72 SCS HB 2088, HB 1705, 149
& HCS HB 1699
650.320. For the purposes of sections 650.320 to 1
650.340, the following terms mean: 2
(1) "Board", the Missouri 911 service board 3
established in section 650.325; 4
(2) "Public safety answering point", the location at 5
which 911 calls are answered; 6
(3) "Telecommunicator first responder", any person 7
employed as an emergency telephone worker, call taker or 8
public safety dispatcher whose duties include receiving, 9
processing or transmitting public safety information 10
received through a 911 public safety answering point. 11
650.340. 1. The provisions of this section may be 1
cited and shall be known as the "911 Training and Standards 2
Act". 3
2. Initial training requirements for 4
[telecommunicators] telecommunicator first responders who 5
answer 911 calls that come to public safety answering points 6
shall be as follows: 7
(1) Police telecommunicator first responder, 16 hours; 8
(2) Fire telecommunicator first responder, 16 hours; 9
(3) Emergency medical services telecommunicator first 10
responder, 16 hours; 11
(4) Joint communication center telecommunicator first 12
responder, 40 hours. 13
3. All persons employed as a telecommunicator first 14
responder in this state shall be required to com plete 15
ongoing training so long as such person engages in the 16
occupation as a telecommunicator first responder. Such 17
persons shall complete at least twenty -four hours of ongoing 18
training every three years by such persons or organizations 19
as provided in subsection 6 of this section. 20 SCS HB 2088, HB 1705, 150
& HCS HB 1699
4. Any person employed as a telecommunicator on August 21
28, 1999, shall not be required to complete the training 22
requirement as provided in subsection 2 of this section. 23
Any person hired as a telecommunicator or a telecommunicator 24
first responder after August 28, 1999, shall complete the 25
training requirements as provided in subsection 2 of this 26
section within twelve months of the date such person is 27
employed as a telecommunicator or telecommunicator first 28
responder. 29
5. The training requirements as provided in subsection 30
2 of this section shall be waived for any person who 31
furnishes proof to the committee that such person has 32
completed training in another state which is at least as 33
stringent as the train ing requirements of subsection 2 of 34
this section. 35
6. The board shall determine by administrative rule 36
the persons or organizations authorized to conduct the 37
training as required by subsection 2 of this section. 38
7. This section shall not appl y to an emergency 39
medical dispatcher or dispatch agency as defined in section 40
190.100, or a person trained by an entity accredited or 41
certified under section 190.131, or a person who provides 42
prearrival medical instructions who works for an agency 43
which meets the requirements set forth in section 190.134. 44
[217.703. 1. The division of probation 1
and parole shall award earned compliance credits 2
to any offender who is: 3
(1) Not subject to lifetime supervision 4
under sections 217.735 and 559.106 or otherwise 5
found to be ineligible to earn credits by a 6
court pursuant to subsection 2 of this section; 7
(2) On probation, parole, or conditional 8
release for an offense listed in chapter 579, or 9
an offense previously listed in ch apter 195, or 10
for a class D or E felony, excluding sections 11
565.225, 565.252, 566.031, 566.061, 566.083, 12
566.093, 568.020, 568.060, offenses defined as 13
sexual assault under section 589.015, deviate 14 SCS HB 2088, HB 1705, 151
& HCS HB 1699
sexual assault, assault in the second degree 15
under subdivision (2) of subsection 1 of section 16
565.052, endangering the welfare of a child in 17
the first degree under subdivision (2) of 18
subsection 1 of section 568.045, and any offense 19
of aggravated stalking or assault in the second 20
degree under subdivisio n (2) of subsection 1 of 21
section 565.060 as such offenses existed prior 22
to January 1, 2017; 23
(3) Supervised by the division of 24
probation and parole; and 25
(4) In compliance with the conditions of 26
supervision imposed by the sentencing court or 27
board. 28
2. If an offender was placed on probation, 29
parole, or conditional release for an offense of: 30
(1) Involuntary manslaughter in the second 31
degree; 32
(2) Assault in the second degree except 33
under subdivision (2) of subsection 1 of se ction 34
565.052 or section 565.060 as it existed prior 35
to January 1, 2017; 36
(3) Domestic assault in the second degree; 37
(4) Assault in the third degree when the 38
victim is a special victim or assault of a law 39
enforcement officer in the second de gree as it 40
existed prior to January 1, 2017; 41
(5) Statutory rape in the second degree; 42
(6) Statutory sodomy in the second degree; 43
(7) Endangering the welfare of a child in 44
the first degree under subdivision (1) of 45
subsection 1 of sectio n 568.045; or 46
(8) Any case in which the defendant is 47
found guilty of a felony offense under chapter 48
571; 49
the sentencing court may, upon its own motion or 50
a motion of the prosecuting or circuit attorney, 51
make a finding that the offender is ineligi ble 52
to earn compliance credits because the nature 53
and circumstances of the offense or the history 54
and character of the offender indicate that a 55
longer term of probation, parole, or conditional 56
release is necessary for the protection of the 57
public or the guidance of the offender. The 58
motion may be made any time prior to the first 59
month in which the person may earn compliance 60
credits under this section or at a hearing under 61
subsection 5 of this section. The offender's 62
ability to earn credits shal l be suspended until 63
the court or board makes its finding. If the 64
court or board finds that the offender is 65
eligible for earned compliance credits, the 66
credits shall begin to accrue on the first day 67
of the next calendar month following the 68
issuance of the decision. 69
3. Earned compliance credits shall reduce 70
the term of probation, parole, or conditional 71 SCS HB 2088, HB 1705, 152
& HCS HB 1699
release by thirty days for each full calendar 72
month of compliance with the terms of 73
supervision. Credits shall begin to accrue for 74
eligible offenders after the first full calendar 75
month of supervision or on October 1, 2012, if 76
the offender began a term of probation, parole, 77
or conditional release before September 1, 2012. 78
4. For the purposes of this section, the 79
term "compliance" sh all mean the absence of an 80
initial violation report or notice of citation 81
submitted by a probation or parole officer 82
during a calendar month, or a motion to revoke 83
or motion to suspend filed by a prosecuting or 84
circuit attorney, against the offender. 85
5. Credits shall not accrue during any 86
calendar month in which a violation report, 87
which may include a report of absconder status, 88
has been submitted, the offender is in custody, 89
or a motion to revoke or motion to suspend has 90
been filed, and shall be suspended pending the 91
outcome of a hearing, if a hearing is held. If 92
no hearing is held, or if a hearing is held and 93
the offender is continued under supervision, or 94
the court or board finds that the violation did 95
not occur, then the offender sh all be deemed to 96
be in compliance and shall begin earning credits 97
on the first day of the next calendar month 98
following the month in which the report was 99
submitted or the motion was filed. If a hearing 100
is held, all earned credits shall be rescinded 101
if: 102
(1) The court or board revokes the 103
probation or parole or the court places the 104
offender in a department program under 105
subsection 4 of section 559.036 or under section 106
217.785; or 107
(2) The offender is found by the court or 108
board to be ineligible to earn compliance 109
credits because the nature and circumstances of 110
the violation indicate that a longer term of 111
probation, parole, or conditional release is 112
necessary for the protection of the public or 113
the guidance of the offender. 114
Earned credits, if not rescinded, shall continue 115
to be suspended for a period of time during 116
which the court or board has suspended the term 117
of probation, parole, or release, and shall 118
begin to accrue on the first day of the next 119
calendar month following the l ifting of the 120
suspension. 121
6. Offenders who are deemed by the 122
division to be absconders shall not earn 123
credits. For purposes of this subsection, 124
"absconder" shall mean an offender under 125
supervision whose whereabouts are unknown and 126
who has left such offender's place of residency 127
without the permission of the offender's 128 SCS HB 2088, HB 1705, 153
& HCS HB 1699
supervising officer and without notifying of 129
their whereabouts for the purpose of avoiding 130
supervision. An offender shall no longer be 131
deemed an absconder when such offender is 132
available for active supervision. 133
7. Notwithstanding subsection 2 of section 134
217.730 to the contrary, once the combination of 135
time served in custody, if applicable, time 136
served on probation, parole, or conditional 137
release, and earned complia nce credits satisfy 138
the total term of probation, parole, or 139
conditional release, the board or sentencing 140
court shall order final discharge of the 141
offender, so long as the offender has completed 142
restitution and at least two years of his or her 143
probation, parole, or conditional release, which 144
shall include any time served in custody under 145
section 217.718 and sections 559.036 and 559.115. 146
8. The award or rescission of any credits 147
earned under this section shall not be subject 148
to appeal or any motion for postconviction 149
relief. 150
9. At least twice a year, the division 151
shall calculate the number of months the 152
offender has remaining on his or her term of 153
probation, parole, or conditional release, 154
taking into consideration any earned complia nce 155
credits, and notify the offender of the length 156
of the remaining term. 157
10. No less than sixty days before the 158
date of final discharge, the division shall 159
notify the sentencing court, the board, and, for 160
probation cases, the circuit or prosecu ting 161
attorney of the impending discharge. If the 162
sentencing court, the board, or the circuit or 163
prosecuting attorney upon receiving such notice 164
does not take any action under subsection 5 of 165
this section, the offender shall be discharged 166
under subsection 7 of this section. 167
11. Any offender who was sentenced prior 168
to January 1, 2017, to an offense that was 169
eligible for earned compliance credits under 170
subsection 1 or 2 of this section at the time of 171
sentencing shall continue to remain eligibl e for 172
earned compliance credits so long as the 173
offender meets all the other requirements 174
provided under this section. 175
12. The application of earned compliance 176
credits shall be suspended upon entry into a 177
treatment court, as described in sections 178
478.001 to 478.009, and shall remain suspended 179
until the offender is discharged from such 180
treatment court. Upon successful completion of 181
treatment court, all earned compliance credits 182
accumulated during the suspension period shall 183
be retroactively applied, so long as the other 184 SCS HB 2088, HB 1705, 154
& HCS HB 1699
terms and conditions of probation have been 185
successfully completed. ] 186
[217.785. 1. As used in this section, the 1
term "Missouri postconviction drug treatment 2
program" means a program of noninstitutional and 3
institutional correctional programs for the 4
monitoring, control and treatment of certain 5
drug abuse offenders. 6
2. The department of corrections shall 7
establish by regulation the "Missouri 8
Postconviction Drug Treatment Program". The 9
program shall include noninstitutional and 10
institutional placement. The institutional 11
phase of the program may include any offender 12
under the supervision and control of the 13
department of corrections. The department shall 14
establish rules determining how, wh en and where 15
an offender shall be admitted into or removed 16
from the program. 17
3. Any first-time offender who has been 18
found guilty of violating the provisions of 19
chapter 195 or 579, or whose controlled 20
substance abuse was a precipitating or 21
contributing factor in the commission of his 22
offense, and who is placed on probation may be 23
required to participate in the noninstitutional 24
phase of the program, which may include 25
education, treatment and rehabilitation 26
programs. Persons required to atte nd a program 27
pursuant to this section may be charged a 28
reasonable fee to cover the costs of the 29
program. Failure of an offender to complete 30
successfully the noninstitutional phase of the 31
program shall be sufficient cause for the 32
offender to be reman ded to the sentencing court 33
for assignment to the institutional phase of the 34
program or any other authorized disposition. 35
4. A probationer shall be eligible for 36
assignment to the institutional phase of the 37
postconviction drug treatment program if he has 38
failed to complete successfully the 39
noninstitutional phase of the program. If space 40
is available, the sentencing court may assign 41
the offender to the institutional phase of the 42
program as a special condition of probation, 43
without the necessity of formal revocation of 44
probation. 45
5. The availability of space in the 46
institutional program shall be determined by the 47
department of corrections. If the sentencing 48
court is advised that there is no space 49
available, then the court shall cons ider other 50
authorized dispositions. 51
6. Any time after ninety days and prior to 52
one hundred twenty days after assignment of the 53
offender to the institutional phase of the 54 SCS HB 2088, HB 1705, 155
& HCS HB 1699
program, the department shall submit to the 55
court a report outlining the pe rformance of the 56
offender in the program. If the department 57
determines that the offender will not 58
participate or has failed to complete the 59
program, the department shall advise the 60
sentencing court, who shall cause the offender 61
to be brought before the court for consideration 62
of revocation of the probation or other 63
authorized disposition. If the offender 64
successfully completes the program, the 65
department shall release the individual to the 66
appropriate probation and parole district office 67
and so advise the court. 68
7. Time spent in the institutional phase 69
of the program shall count as time served on the 70
sentence.] 71
[217.810. 1. The governor is hereby 1
authorized and directed to enter into the 2
interstate compact for the supervision of 3
parolees and probationers on behalf of the state 4
of Missouri with the commonwealth of Puerto 5
Rico, the Virgin Islands, the District of 6
Columbia and any and all other states of the 7
United States legally joining therein and 8
pursuant to the provisions of an act of the 9
Congress of the United States of America 10
granting the consent of Congress to the 11
commonwealth of Puerto Rico, the Virgin Islands, 12
the District of Columbia and any two or more 13
states to enter into agreements or compacts for 14
cooperative effort and mutual assistance in the 15
prevention of crime and for other purposes, 16
which compact shall have as its objective the 17
permitting of persons placed on probation or 18
released on parole to reside in any other state 19
signatory to the compact assuming the duties of 20
visitation and supervision over such 21
probationers and parolees; permitting the 22
extradition and transportation without 23
interference of prisoners, being retaken, 24
through any and all states signatory to the 25
compact under such terms, conditions, rules and 26
regulations, and for such duration as in the 27
opinion of the governor of this state shall be 28
necessary and proper and in a form substantially 29
as contained in subsection 2 of this section. 30
The chairman of the board sh all administer the 31
compact for the state. 32
2. INTERSTATE COMPACT FOR THE SUPERVISION 33
OF PAROLEES AND PROBATIONERS 34
This compact shall be entered into by and 35
among the contracting states, signatories 36
hereto, with the consent of the Congress o f the 37
United States of America, granted by an act 38
entitled "An act granting the consent of 39 SCS HB 2088, HB 1705, 156
& HCS HB 1699
Congress to any two or more states to enter into 40
agreements or compacts for cooperative effort 41
and mutual assistance in the prevention of crime 42
and for other purposes." 43
The contracting states solemnly agree: 44
(1) That it shall be competent for the 45
duly constituted judicial and administrative 46
authorities of a state party to this compact 47
(herein called "sending state") to permit any 48
person convicted of an offense within such state 49
and placed on probation or released on parole to 50
reside in any other state party to this compact 51
(herein called "receiving state"), while on 52
probation or parole, if 53
(a) Such a person is in fact a resident of 54
or has his family residing within the receiving 55
state and can obtain employment there; 56
(b) Though not a resident of the receiving 57
state and not having his family residing there, 58
the receiving state consents to such person 59
being sent there. 60
Before granting such permission, 61
opportunity shall be granted to the receiving 62
state to investigate the home and prospective 63
employment of such person. 64
A resident of the receiving state, within 65
the meaning of this section, is one who has been 66
an actual inhabitant of such state continuously 67
for more than one year prior to his coming to 68
the sending state and has not resided within the 69
sending state more than six continuous months 70
immediately preceding the commission of the 71
offense for which he has be en convicted. 72
(2) The receiving state shall assume the 73
duties of visitation and supervision over 74
probationers or parolees of any sending state 75
transferred under the compact and will apply the 76
same standards of supervision that prevail for 77
its own probationers and parolees. 78
(3) That duly accredited officers of a 79
sending state may at all times enter a receiving 80
state and there apprehend and retake any person 81
on probation or parole. For that purpose no 82
formalities will be required other t han 83
establishing the authority of the officer and 84
the identity of the person to be retaken. All 85
legal requirements to obtain extradition of 86
fugitives from justice are hereby expressly 87
waived on the part of states party hereto, as to 88
such persons. The decision of the sending state 89
to retake a person on probation or parole shall 90
be conclusive upon and not reviewable within the 91
receiving state. Provided, however, that if at 92
the time when a state seeks to retake a 93
probationer or parolee there shou ld be pending 94
against him within the receiving state any 95
criminal charge, or he should be suspected of 96 SCS HB 2088, HB 1705, 157
& HCS HB 1699
having committed within such state a criminal 97
offense, he shall not be retaken without the 98
consent of the receiving state until discharged 99
from prosecution or from imprisonment for such 100
offense. 101
(4) That the duly accredited officers of 102
the sending state will be permitted to transport 103
prisoners being retaken through any and all 104
states parties to this compact, without 105
interference. 106
(5) Each state may designate an officer 107
who, acting jointly with like officers of other 108
contracting states shall promulgate such rules 109
and regulations as may be deemed necessary to 110
more effectively carry out the terms of this 111
compact. 112
(6) That this compact shall become 113
operative immediately upon its execution by any 114
state as between it and any other state or 115
states so executing. When executed it shall 116
have the full force and effect of law within 117
such state, the form of execution to be in 118
accordance with the laws of the executing state. 119
(7) That this compact shall continue in 120
force and remain binding upon each executing 121
state until renounced by it. The duties and 122
obligations hereunder of a renouncing state 123
shall continue as to parole es or probationers 124
residing therein at the time of withdrawal until 125
retaken or finally discharged by the sending 126
state. Renunciation of this compact shall be by 127
the same authority which executed it, by sending 128
six months' notice in writing of its int ention 129
to withdraw from the compact to the other states 130
party hereto. 131
3. If any section, sentence, subdivision 132
or clause within subsection 2 of this section is 133
for any reason held invalid or to be 134
unconstitutional, such decision shall not affect 135
the validity of the remaining provisions of that 136
subsection or this section. 137
4. All necessary and proper expenses 138
accruing as a result of a person being returned 139
to this state by order of a court or the parole 140
board shall be paid by the state a s provided in 141
section 548.241 or 548.243. ] 142
Section B. Section 407.1700 of section A of this act 1
shall become effective on February 28, 2023. 2
