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Missouri House Bill HB2088

Missouri 2022 Regular Session

Missouri House Bill HB2088 Compare Versions

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1-
2-EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3-and is intended to be omitted in the law.
41 SECONDREGULARSESSION
5-SENATE COMMITTEE SUBSTITUTE FOR
6-HOUSE BILL NO. 2088, HOUSE
7-BILL NO. 1705, AND HOUSE
8-COMMITTEE SUBSTITUTE FOR
9-HOUSE BILL NO. 1699
2+[PERFECTED]
3+HOUSEBILLNO.2088
104 101STGENERALASSEMBLY
11-3895S.05C ADRIANE D. CROUSE, Secretary
5+INTRODUCEDBYREPRESENTATIVEGRIER.
6+3895H.02P DANARADEMANMILLER,ChiefClerk
127 ANACT
13-To repeal sections 43.650, 67.145, 70.631, 170.310, 190.091, 191.900, 191.905, 217.035, 217.541,
14-217.650, 217.670, 217.690, 217.703, 217.705, 217.710, 217.718, 217.720, 217.730,
15-217.785, 217.810, 304.022, 455.073, 455.075, 455.085, 491.015, 544.170, 545.473,
16-548.241, 556.036, 556.046, 558.011, 558.016, 558.019, 558.026, 558.046, 559.036,
17-559.115, 565.184, 566.010, 566.086, 566.149, 566.150, 566.151, 566.155, 567.030,
18-569.010, 569.100, 570.010, 570.030, 571.015, 571.070, 575.010, 575.095, 575.200,
19-575.205, 575.353, 578.007, 578.022, 590.040, 590.080, 595.201, 595.226, 600.042,
20-630.155, 632.305, 650.320, and 650.340, RSMo, and to enact in lieu thereof eighty-
21-two new sections relating to public safety, with penalty provisions and an effective date
22-for a certain section.
23-
8+Torepealsection217.703,RSMo,andtoenactinlieuthereoftwonewsectionsrelatingto
9+sentencecredits,withadelayedeffectivedate.
2410 BeitenactedbytheGeneralAssemblyofthestateofMissouri,asfollows:
25- Section A. Sections 43.650, 67.145, 70.631, 170.310, 1
26-190.091, 191.900, 191.905, 217.035, 217.541, 217.650, 217.670, 2
27-217.690, 217.703, 217.705, 217.710, 217.718, 217.720, 217.730, 3
28-217.785, 217.810, 304.022, 455.073, 455.075, 455.085, 491.015, 4
29-544.170, 545.473, 548.241, 556.036, 556.046, 558.011, 558.016, 5
30-558.019, 558.026, 558.046, 559.036, 559.115, 565.184, 566.010, 6
31-566.086, 566.149, 566.150, 566 .151, 566.155, 567.030, 569.010, 7 SCS HB 2088, HB 1705, 2
32- & HCS HB 1699
33-569.100, 570.010, 570.030, 571.015, 571.070, 575.010, 575.095, 8
34-575.200, 575.205, 575.353, 578.007, 578.022, 590.040, 590.080, 9
35-595.201, 595.226, 600.042, 630.155, 632.305, 650.320, and 10
36-650.340, RSMo, are repealed and eighty -two new sections enacted 11
37-in lieu thereof, to be known as sections 43.650, 67.145, 70.631, 12
38-170.310, 190.091, 191.900, 191.905, 217.035, 217.541, 217.650, 13
39-217.670, 217.690, 217.705, 217.710, 217.718, 217.720, 217.730, 14
40-217.940, 217.941, 217.942, 217.943, 217. 944, 217.945, 217.946, 15
41-217.947, 304.022, 407.1700, 455.073, 455.075, 455.085, 491.015, 16
42-544.170, 544.453, 545.473, 546.262, 546.263, 548.241, 556.036, 17
43-556.046, 558.011, 558.016, 558.019, 558.026, 558.046, 559.036, 18
44-559.115, 565.184, 566.010, 566.086, 566.149 , 566.150, 566.151, 19
45-566.155, 567.030, 569.010, 569.100, 570.010, 570.030, 570.036, 20
46-571.015, 571.031, 571.070, 575.010, 575.095, 575.200, 575.205, 21
47-575.353, 578.007, 578.022, 589.437, 589.564, 589.565, 590.040, 22
48-590.080, 595.201, 595.226, 595.320, 600.042, 63 0.155, 632.305, 23
49-650.320, and 650.340, to read as follows:24
50- 43.650. 1. The patrol shall, subject to 1
51-appropriation, maintain a web page on the internet which 2
52-shall be open to the public and shall include a registered 3
53-sexual offender and registered violent offender search 4
54-capability. 5
55- 2. Except as provided in subsections 4 and 5 of this 6
56-section, the registered sexual offender and registered 7
57-violent offender search shall make it possible for any 8
58-person using the internet to search for and fin d the 9
59-information specified in subsection 4 of this section, if 10
60-known, on offenders registered in this state pursuant to 11
61-sections 589.400 to 589.425 or section 589.437. 12
62- 3. The registered sexual offender and registered 13
63-violent offender search shall include the capability to 14
64-search for sexual offenders by name, by zip code, and by 15 SCS HB 2088, HB 1705, 3
65- & HCS HB 1699
66-typing in an address and specifying a search within a 16
67-certain number of miles radius from that address. The 17
68-search shall also have the capability to filter results by 18
69-sexual offenders or violent offenders. 19
70- 4. Only the information listed in this subsection 20
71-shall be provided to the public in the registered sexual 21
72-offender and registered violent offender search: 22
73- (1) The name and any known aliases of the off ender; 23
74- (2) The date of birth and any known alias dates of 24
75-birth of the offender; 25
76- (3) A physical description of the offender; 26
77- (4) The residence, temporary, work, and school 27
78-addresses of the offender, including the street address, 28
79-city, county, state, and zip code; 29
80- (5) Any photographs of the offender; 30
81- (6) A physical description of the offender's vehicles, 31
82-including the year, make, model, color, and license plate 32
83-number; 33
84- (7) The nature and dates of all offenses qualifyi ng 34
85-the offender to register, including the tier level assigned 35
86-to the offender under sections 589.400 to 589.425; 36
87- (8) The date on which the offender was released from 37
88-the department of mental health, prison, or jail [,] or 38
89-placed on parole, superv ised release, or probation for the 39
90-offenses qualifying the offender to register; 40
91- (9) Compliance status of the sexual or violent 41
92-offender with the provisions of [section] sections 589.400 42
93-to 589.425; and 43
94- (10) Any online identifiers, as define d in section 44
95-43.651, used by the person. Such online identifiers shall 45
96-not be included in the general profile of an offender on the 46
97-web page and shall only be available to a member of the 47 SCS HB 2088, HB 1705, 4
98- & HCS HB 1699
99-public by a search using the specific online identifier to 48
100-determine if a match exists with a registered offender. 49
101- 5. Juveniles required to register under subdivision 50
102-(5) of subsection 1 of section 589.400 shall be exempt from 51
103-public notification to include any adjudications from 52
104-another state, territory, th e District of Columbia, or 53
105-foreign country or any federal, tribal, or military 54
106-jurisdiction. 55
107- 67.145. 1. No political subdivision of this state 1
108-shall prohibit any first responder from engaging in any 2
109-political activity while off dut y and not in uniform, being 3
110-a candidate for elected or appointed public office, or 4
111-holding such office unless such political activity or 5
112-candidacy is otherwise prohibited by state or federal law. 6
113- 2. As used in this section, "first responder" means 7
114-any person trained and authorized by law or rule to render 8
115-emergency medical assistance or treatment. Such persons may 9
116-include, but shall not be limited to, emergency first 10
117-responders, telecommunicator first responders, police 11
118-officers, sheriffs, de puty sheriffs, firefighters, ambulance 12
119-attendants and attendant drivers, emergency medical 13
120-technicians, mobile emergency medical technicians, emergency 14
121-medical technician-paramedics, registered nurses, or 15
122-physicians. 16
123- 70.631. 1. Each political subdivision may, by 1
124-majority vote of its governing body, elect to cover 2
125-[emergency telecommunicators ] telecommunicator first 3
126-responders, jailors, and emergency medical service personnel 4
127-as public safety personnel members of the system. The clerk 5
128-or secretary of the political subdivision shall certify an 6
129-election concerning the coverage of [emergency 7
130-telecommunicators] telecommunicator first responders , 8 SCS HB 2088, HB 1705, 5
131- & HCS HB 1699
132-jailors, and emergency medical service personnel as public 9
133-safety personnel members of the system to the board within 10
134-ten days after such vote. The date in which the political 11
135-subdivision's election becomes effective shall be the first 12
136-day of the calendar month specified by such governing body, 13
137-the first day of the calendar month nex t following receipt 14
138-by the board of the certification of the election, or the 15
139-effective date of the political subdivision's becoming an 16
140-employer, whichever is the latest date. Such election shall 17
141-not be changed after the effective date. If the election is 18
142-made, the coverage provisions shall be applicable to all 19
143-past and future employment with the employer by present and 20
144-future employees. If a political subdivision makes no 21
145-election under this section, no [emergency] telecommunicator 22
146-first responder, jailor, or emergency medical service 23
147-personnel of the political subdivision shall be considered 24
148-public safety personnel for purposes determining a minimum 25
149-service retirement age as defined in section 70.600. 26
150- 2. If an employer elects to cover [emergency 27
151-telecommunicators] telecommunicator first responders , 28
152-jailors, and emergency medical service personnel as public 29
153-safety personnel members of the system, the employer's 30
154-contributions shall be correspondingly changed effective the 31
155-same date as the effective date of the political 32
156-subdivision's election. 33
157- 3. The limitation on increases in an employer's 34
158-contributions provided by subsection 6 of section 70.730 35
159-shall not apply to any contribution increase resulting from 36
160-an employer making an election under the provisions of this 37
161-section. 38
162- 4. The provisions of this section shall only apply to 39
163-counties of the third classification and any county of the 40 SCS HB 2088, HB 1705, 6
164- & HCS HB 1699
165-first classification with more than seventy thousand but 41
166-fewer than eighty-three thousand inhabitants and with a city 42
167-of the fourth classification with more than thirteen 43
168-thousand five hundred but fewer than sixteen thousand 44
169-inhabitants as the county seat, and any political 45
170-subdivisions located, in whole or in part, within such 46
171-counties. 47
172- 170.310. 1. For school year 2017 -18 and each school 1
173-year thereafter, upon graduation from high school, pupils in 2
174-public schools and charter schools shall have received 3
175-thirty minutes of cardiopulmonary resuscitation instructio n 4
176-and training in the proper performance of the Heimlich 5
177-maneuver or other first aid for choking given any time 6
178-during a pupil's four years of high school. 7
179- 2. Beginning in school year 2017 -18, any public school 8
180-or charter school serving grades ni ne through twelve shall 9
181-provide enrolled students instruction in cardiopulmonary 10
182-resuscitation. Students with disabilities may participate 11
183-to the extent appropriate as determined by the provisions of 12
184-the Individuals with Disabilities Education Act or Section 13
185-504 of the Rehabilitation Act. Instruction shall be included 14
186-in the district's existing health or physical education 15
187-curriculum. Instruction shall be based on a program 16
188-established by the American Heart Association or the 17
189-American Red Cross, or through a nationally recognized 18
190-program based on the most current national evidence -based 19
191-emergency cardiovascular care guidelines, and psychomotor 20
192-skills development shall be incorporated into the 21
193-instruction. For purposes of this section, "psycho motor 22
194-skills" means the use of hands -on practicing and skills 23
195-testing to support cognitive learning. 24 SCS HB 2088, HB 1705, 7
196- & HCS HB 1699
197- 3. The teacher of the cardiopulmonary resuscitation 25
198-course or unit shall not be required to be a certified 26
199-trainer of cardiopulmonary resuscitati on if the instruction 27
200-is not designed to result in certification of students. 28
201-Instruction that is designed to result in certification 29
202-being earned shall be required to be taught by an authorized 30
203-cardiopulmonary instructor. Schools may develop agreeme nts 31
204-with any local chapter of a voluntary organization of first 32
205-responders to provide the required hands -on practice and 33
206-skills testing. For purposes of this subsection, first 34
207-responders shall include telecommunicator first responders 35
208-as defined in section 650.320. 36
209- 4. The department of elementary and secondary 37
210-education may promulgate rules to implement this section. 38
211-Any rule or portion of a rule, as that term is defined in 39
212-section 536.010, that is created under the authority 40
213-delegated in this section shall become effective only if it 41
214-complies with and is subject to all of the provisions of 42
215-chapter 536 and, if applicable, section 536.028. This 43
216-section and chapter 536 are nonseverable and if any of the 44
217-powers vested with the general asse mbly pursuant to chapter 45
218-536 to review, to delay the effective date, or to disapprove 46
219-and annul a rule are subsequently held unconstitutional, 47
220-then the grant of rulemaking authority and any rule proposed 48
221-or adopted after August 28, 2012, shall be inval id and void. 49
222- 190.091. 1. As used in this section, the following 1
223-terms mean: 2
224- (1) "Bioterrorism", the intentional use of any 3
225-microorganism, virus, infectious substance, or biological 4
226-product that may be engineered as a result of biotechnology 5
227-or any naturally occurring or bioengineered component of any 6
228-microorganism, virus, infectious substance, or biological 7 SCS HB 2088, HB 1705, 8
229- & HCS HB 1699
230-product to cause death, disease, or other biological 8
231-malfunction in a human, an animal, a plant, or any other 9
232-living organism to influence the conduct of government or to 10
233-intimidate or coerce a civilian population; 11
234- (2) "Department", the Missouri department of health 12
235-and senior services; 13
236- (3) "Director", the director of the department of 14
237-health and senior se rvices; 15
238- (4) "Disaster locations", any geographical location 16
239-where a bioterrorism attack, terrorist attack, catastrophic 17
240-or natural disaster, or emergency occurs; 18
241- (5) "First responders", state and local law 19
242-enforcement personnel, telecommunicator first responders, 20
243-fire department personnel, and emergency medical personnel 21
244-who will be deployed to bioterrorism attacks, terrorist 22
245-attacks, catastrophic or natural disasters, and emergencies. 23
246- 2. The department shall offer a vaccination prog ram 24
247-for first responders who may be exposed to infectious 25
248-diseases when deployed to disaster locations as a result of 26
249-a bioterrorism event or a suspected bioterrorism event. The 27
250-vaccinations shall include, but are not limited to, 28
251-smallpox, anthrax, a nd other vaccinations when recommended 29
252-by the federal Centers for Disease Control and Prevention's 30
253-Advisory Committee on Immunization Practices. 31
254- 3. Participation in the vaccination program shall be 32
255-voluntary by the first responders, except for fir st 33
256-responders who, as determined by their employer, cannot 34
257-safely perform emergency responsibilities when responding to 35
258-a bioterrorism event or suspected bioterrorism event without 36
259-being vaccinated. The recommendations of the Centers for 37
260-Disease Control and Prevention's Advisory Committee on 38
261-Immunization Practices shall be followed when providing 39 SCS HB 2088, HB 1705, 9
262- & HCS HB 1699
263-appropriate screening for contraindications to vaccination 40
264-for first responders. A first responder shall be exempt 41
265-from vaccinations when a written stat ement from a licensed 42
266-physician is presented to their employer indicating that a 43
267-vaccine is medically contraindicated for such person. 44
268- 4. If a shortage of the vaccines referred to in 45
269-subsection 2 of this section exists following a bioterrorism 46
270-event or suspected bioterrorism event, the director, in 47
271-consultation with the governor and the federal Centers for 48
272-Disease Control and Prevention, shall give priority for such 49
273-vaccinations to persons exposed to the disease and to first 50
274-responders who are deployed to the disaster location. 51
275- 5. The department shall notify first responders 52
276-concerning the availability of the vaccination program 53
277-described in subsection 2 of this section and shall provide 54
278-education to such first responders and their emp loyers 55
279-concerning the vaccinations offered and the associated 56
280-diseases. 57
281- 6. The department may contract for the administration 58
282-of the vaccination program described in subsection 2 of this 59
283-section with health care providers, including but not 60
284-limited to local public health agencies, hospitals, 61
285-federally qualified health centers, and physicians. 62
286- 7. The provisions of this section shall become 63
287-effective upon receipt of federal funding or federal grants 64
288-which designate that the funding is requ ired to implement 65
289-vaccinations for first responders in accordance with the 66
290-recommendations of the federal Centers for Disease Control 67
291-and Prevention's Advisory Committee on Immunization 68
292-Practices. Upon receipt of such funding, the department 69
293-shall make available the vaccines to first responders as 70
294-provided in this section. 71 SCS HB 2088, HB 1705, 10
295- & HCS HB 1699
296- 191.900. As used in sections 191.900 to 191.910, the 1
297-following terms mean: 2
298- (1) "Abuse", the infliction of physical, sexual or 3
299-emotional harm or injury. "Abuse" includes the taking, 4
300-obtaining, using, transferring, concealing, appropriating or 5
301-taking possession of property of another person without such 6
302-person's consent; 7
303- (2) "Claim", any attempt to cause a health care payer 8
304-to make a health care payment; 9
305- (3) "False", wholly or partially untrue. A false 10
306-statement or false representation of a material fact means 11
307-the failure to reveal material facts in a manner which is 12
308-intended to deceive a health care payer with respect to a 13
309-claim; 14
310- (4) "Health care", any service, assistance, care, 15
311-product, device or thing provided pursuant to a medical 16
312-assistance program, or for which payment is requested or 17
313-received, in whole or part, pursuant to a medical assistance 18
314-program; 19
315- (5) "Health care payer", a medical assistance program, 20
316-or any person reviewing, adjusting, approving or otherwise 21
317-handling claims for health care on behalf of or in 22
318-connection with a medical assistance program; 23
319- (6) "Health care payment", a payment made, or th e 24
320-right under a medical assistance program to have a payment 25
321-made, by a health care payer for a health care service; 26
322- (7) "Health care provider", any person delivering, or 27
323-purporting to deliver, any health care, and including any 28
324-employee, agent or other representative of such a person, 29
325-and further including any employee, representative, or 30
326-subcontractor of the state of Missouri delivering, 31 SCS HB 2088, HB 1705, 11
327- & HCS HB 1699
328-purporting to deliver, or arranging for the delivery of any 32
329-health care; 33
330- (8) "Knowing" and "knowing ly", that a person, with 34
331-respect to information: 35
332- (a) Has actual knowledge of the information; 36
333- (b) Acts in deliberate ignorance of the truth or 37
334-falsity of the information; or 38
335- (c) Acts in reckless disregard of the truth or falsity 39
336-of the information. 40
337-Use of the terms knowing or knowingly shall be construed to 41
338-include the term "intentionally", which means that a person, 42
339-with respect to information, intended to act in violation of 43
340-the law; 44
341- (9) "Medical assistance program", MO Hea lthNet, or any 45
342-program to provide or finance health care to participants 46
343-which is established pursuant to title 42 of the United 47
344-States Code, any successor federal health insurance program, 48
345-or a waiver granted thereunder. A medical assistance 49
346-program may be funded either solely by state funds or by 50
347-state and federal funds jointly. The term "medical 51
348-assistance program" shall include the medical assistance 52
349-program provided by section 208.151, et seq., and any state 53
350-agency or agencies administering all or any part of such a 54
351-program; 55
352- (10) "Neglect", the failure to provide to a person 56
353-receiving health care the care, goods, or services that are 57
354-reasonable and necessary to maintain the physical and mental 58
355-health of such person when such failure presents either an 59
356-imminent danger to the health, safety, or welfare of the 60
357-person or a substantial probability that death or serious 61
358-physical harm would result; 62 SCS HB 2088, HB 1705, 12
359- & HCS HB 1699
360- (11) "Person", a natural person, corporation, 63
361-partnership, association or any legal entity. 64
362- 191.905. 1. No health care provider shall knowingly 1
363-make or cause to be made a false statement or false 2
364-representation of a material fact in order to receive a 3
365-health care payment, including but not limited to: 4
366- (1) Knowingly presenting to a health care payer a 5
367-claim for a health care payment that falsely represents that 6
368-the health care for which the health care payment is claimed 7
369-was medically necessary, if in fact it was not; 8
370- (2) Knowingly concealing the occu rrence of any event 9
371-affecting an initial or continued right under a medical 10
372-assistance program to have a health care payment made by a 11
373-health care payer for providing health care; 12
374- (3) Knowingly concealing or failing to disclose any 13
375-information with the intent to obtain a health care payment 14
376-to which the health care provider or any other health care 15
377-provider is not entitled, or to obtain a health care payment 16
378-in an amount greater than that which the health care 17
379-provider or any other health care provider is entitled; 18
380- (4) Knowingly presenting a claim to a health care 19
381-payer that falsely indicates that any particular health care 20
382-was provided to a person or persons, if in fact health care 21
383-of lesser value than that described in the claim was 22
384-provided. 23
385- 2. No person shall knowingly solicit or receive any 24
386-remuneration, including any kickback, bribe, or rebate, 25
387-directly or indirectly, overtly or covertly, in cash or in 26
388-kind in return for: 27
389- (1) Referring another person to a health ca re provider 28
390-for the furnishing or arranging for the furnishing of any 29
391-health care; or 30 SCS HB 2088, HB 1705, 13
392- & HCS HB 1699
393- (2) Purchasing, leasing, ordering or arranging for or 31
394-recommending purchasing, leasing or ordering any health care. 32
395- 3. No person shall knowingly offer or p ay any 33
396-remuneration, including any kickback, bribe, or rebate, 34
397-directly or indirectly, overtly or covertly, in cash or in 35
398-kind, to any person to induce such person to refer another 36
399-person to a health care provider for the furnishing or 37
400-arranging for the furnishing of any health care. 38
401- 4. Subsections 2 and 3 of this section shall not apply 39
402-to a discount or other reduction in price obtained by a 40
403-health care provider if the reduction in price is properly 41
404-disclosed and appropriately reflected in th e claim made by 42
405-the health care provider to the health care payer, or any 43
406-amount paid by an employer to an employee for employment in 44
407-the provision of health care. 45
408- 5. Exceptions to the provisions of subsections 2 and 3 46
409-of this section shall be pr ovided for as authorized in 42 47
410-U.S.C. Section 1320a -7b(3)(E), as may be from time to time 48
411-amended, and regulations promulgated pursuant thereto. 49
412- 6. No person shall knowingly abuse or neglect a person 50
413-receiving health care. 51
414- 7. A person who violates subsections 1 to 3 of this 52
415-section is guilty of a class D felony upon his or her first 53
416-conviction, and shall be guilty of a class B felony upon his 54
417-or her second and subsequent convictions. Any person who 55
418-has been convicted of such violations s hall be referred to 56
419-the Office of Inspector General within the United States 57
420-Department of Health and Human Services. The person so 58
421-referred shall be subject to the penalties provided for 59
422-under 42 U.S.C. Chapter 7, Subchapter XI, Section 1320a -7. 60
423-A prior conviction shall be pleaded and proven as provided 61
424-by section 558.021. A person who violates subsection 6 of 62 SCS HB 2088, HB 1705, 14
425- & HCS HB 1699
426-this section shall be guilty of a class D felony, unless the 63
427-act involves no physical, sexual or emotional harm or injury 64
428-and the value of the property involved is less than five 65
429-hundred dollars, in which event a violation of subsection 6 66
430-of this section is a class A misdemeanor. 67
431- 8. Any natural person who willfully prevents, 68
432-obstructs, misleads, delays, or attempts to prevent, 69
433-obstruct, mislead, or delay the communication of information 70
434-or records relating to a violation of sections 191.900 to 71
435-191.910 is guilty of a class E felony. 72
436- 9. Each separate false statement or false 73
437-representation of a material fact proscribed by s ubsection 1 74
438-of this section or act proscribed by subsection 2 or 3 of 75
439-this section shall constitute a separate offense and a 76
440-separate violation of this section, whether or not made at 77
441-the same or different times, as part of the same or separate 78
442-episodes, as part of the same scheme or course of conduct, 79
443-or as part of the same claim. 80
444- 10. In a prosecution pursuant to subsection 1 of this 81
445-section, circumstantial evidence may be presented to 82
446-demonstrate that a false statement or claim was knowingly 83
447-made. Such evidence of knowledge may include but shall not 84
448-be limited to the following: 85
449- (1) A claim for a health care payment submitted with 86
450-the health care provider's actual, facsimile, stamped, 87
451-typewritten or similar signature on the claim fo r health 88
452-care payment; 89
453- (2) A claim for a health care payment submitted by 90
454-means of computer billing tapes or other electronic means; 91
455- (3) A course of conduct involving other false claims 92
456-submitted to this or any other health care payer. 93 SCS HB 2088, HB 1705, 15
457- & HCS HB 1699
458- 11. Any person convicted of a violation of this 94
459-section, in addition to any fines, penalties or sentences 95
460-imposed by law, shall be required to make restitution to the 96
461-federal and state governments, in an amount at least equal 97
462-to that unlawfully paid t o or by the person, and shall be 98
463-required to reimburse the reasonable costs attributable to 99
464-the investigation and prosecution pursuant to sections 100
465-191.900 to 191.910. All of such restitution shall be paid 101
466-and deposited to the credit of the "MO HealthN et Fraud 102
467-Reimbursement Fund", which is hereby established in the 103
468-state treasury. Moneys in the MO HealthNet fraud 104
469-reimbursement fund shall be divided and appropriated to the 105
470-federal government and affected state agencies in order to 106
471-refund moneys falsely obtained from the federal and state 107
472-governments. All of such cost reimbursements attributable 108
473-to the investigation and prosecution shall be paid and 109
474-deposited to the credit of the "MO HealthNet Fraud 110
475-Prosecution Revolving Fund", which is hereby e stablished in 111
476-the state treasury. Moneys in the MO HealthNet fraud 112
477-prosecution revolving fund may be appropriated to the 113
478-attorney general, or to any prosecuting or circuit attorney 114
479-who has successfully prosecuted an action for a violation of 115
480-sections 191.900 to 191.910 and been awarded such costs of 116
481-prosecution, in order to defray the costs of the attorney 117
482-general and any such prosecuting or circuit attorney in 118
483-connection with their duties provided by sections 191.900 to 119
484-191.910. No moneys shall be paid into the MO HealthNet 120
485-fraud protection revolving fund pursuant to this subsection 121
486-unless the attorney general or appropriate prosecuting or 122
487-circuit attorney shall have commenced a prosecution pursuant 123
488-to this section, and the court finds in its discretion that 124
489-payment of attorneys' fees and investigative costs is 125 SCS HB 2088, HB 1705, 16
490- & HCS HB 1699
491-appropriate under all the circumstances, and the attorney 126
492-general and prosecuting or circuit attorney shall prove to 127
493-the court those expenses which were reasonable and necessary 128
494-to the investigation and prosecution of such case, and the 129
495-court approves such expenses as being reasonable and 130
496-necessary. Any moneys remaining in the MO HealthNet fraud 131
497-reimbursement fund after division and appropriation to the 132
498-federal government and a ffected state agencies shall be used 133
499-to increase MO HealthNet provider reimbursement until it is 134
500-at least one hundred percent of the Medicare provider 135
501-reimbursement rate for comparable services. The provisions 136
502-of section 33.080 notwithstanding, moneys in the MO 137
503-HealthNet fraud prosecution revolving fund shall not lapse 138
504-at the end of the biennium. 139
505- 12. A person who violates subsections 1 to 3 of this 140
506-section shall be liable for a civil penalty of not less than 141
507-five thousand dollars and not more than ten thousand dollars 142
508-for each separate act in violation of such subsections, plus 143
509-three times the amount of damages which the state and 144
510-federal government sustained because of the act of that 145
511-person, except that the court may assess not more than two 146
512-times the amount of damages which the state and federal 147
513-government sustained because of the act of the person, if 148
514-the court finds: 149
515- (1) The person committing the violation of this 150
516-section furnished personnel employed by the attorney general 151
517-and responsible for investigating violations of sections 152
518-191.900 to 191.910 with all information known to such person 153
519-about the violation within thirty days after the date on 154
520-which the defendant first obtained the information; 155
521- (2) Such person fully cooperated with any government 156
522-investigation of such violation; and 157 SCS HB 2088, HB 1705, 17
523- & HCS HB 1699
524- (3) At the time such person furnished the personnel of 158
525-the attorney general with the information about the 159
526-violation, no criminal prosecution, civil action, or 160
527-administrative action had commenced with respect to such 161
528-violation, and the person did not have actual knowledge of 162
529-the existence of an investigation into such violation. 163
530- 13. Upon conviction pursuant to this section, the 164
531-prosecution authority shall provide writte n notification of 165
532-the conviction to all regulatory or disciplinary agencies 166
533-with authority over the conduct of the defendant health care 167
534-provider. 168
535- 14. The attorney general may bring a civil action 169
536-against any person who shall receive a health car e payment 170
537-as a result of a false statement or false representation of 171
538-a material fact made or caused to be made by that person. 172
539-The person shall be liable for up to double the amount of 173
540-all payments received by that person based upon the false 174
541-statement or false representation of a material fact, and 175
542-the reasonable costs attributable to the prosecution of the 176
543-civil action. All such restitution shall be paid and 177
544-deposited to the credit of the MO HealthNet fraud 178
545-reimbursement fund, and all such cos t reimbursements shall 179
546-be paid and deposited to the credit of the MO HealthNet 180
547-fraud prosecution revolving fund. No reimbursement of such 181
548-costs attributable to the prosecution of the civil action 182
549-shall be made or allowed except with the approval of th e 183
550-court having jurisdiction of the civil action. No civil 184
551-action provided by this subsection shall be brought if 185
552-restitution and civil penalties provided by subsections 11 186
553-and 12 of this section have been previously ordered against 187
554-the person for the same cause of action. 188 SCS HB 2088, HB 1705, 18
555- & HCS HB 1699
556- 15. Any person who discovers a violation by himself or 189
557-herself or such person's organization and who reports such 190
558-information voluntarily before such information is public or 191
559-known to the attorney general shall not be prosec uted for a 192
560-criminal violation. 193
561- 217.035. The director shall have the authority to: 1
562- (1) Establish, with approval of the governor, the 2
563-internal organization of the department and file the plan 3
564-thereof with the secretary of state i n the manner in which 4
565-administrative rules are filed, the commissioner of 5
566-administration and the revisor of statutes; 6
567- (2) Exclusively prepare the budgets of the department 7
568-and each division within the department in the form and 8
569-manner set out by statute or by the commissioner of 9
570-administration; 10
571- (3) Designate by written order filed with the 11
572-governor, the president pro tem of the senate, and the 12
573-chairman of the joint committee on corrections, a deputy 13
574-director of the department to act for and exercise the 14
575-powers of the director during the director's absence for 15
576-official business, vacation, illness or incapacity. The 16
577-deputy director shall serve as acting director no longer 17
578-than six months; however, after the deputy director has 18
579-acted as director for longer than thirty days the deputy 19
580-director shall receive compensation equal to that of the 20
581-director; 21
582- (4) Procure, either through the division of purchasing 22
583-or by other means authorized by law, supplies, material, 23
584-equipment or contractual services for the department and 24
585-each of its divisions; 25
586- (5) Establish policy for the department and each of 26
587-its divisions; 27 SCS HB 2088, HB 1705, 19
588- & HCS HB 1699
589- (6) Designate any responsibilities, duties and powers 28
590-given by sections 217.010, [217.810,] 558.011 and 558.026 to 29
591-the department or the department director to any division or 30
592-division director. 31
593- 217.541. 1. The department shall by rule establish a 1
594-program of house arrest. The director or his or her 2
595-designee may extend the limits of confine ment of offenders 3
596-serving sentences for class D or E felonies who have one 4
597-year or less remaining prior to release on parole [, 5
598-conditional release, ] or discharge to participate in the 6
599-house arrest program. 7
600- 2. The offender referred to the house ar rest program 8
601-shall remain in the custody of the department and shall be 9
602-subject to rules and regulations of the department 10
603-pertaining to offenders of the department until released on 11
604-parole [or conditional release ] by the state parole board. 12
605- 3. The department shall require the offender to 13
606-participate in work or educational or vocational programs 14
607-and other activities that may be necessary to the 15
608-supervision and treatment of the offender. 16
609- 4. An offender released to house arrest shall be 17
610-authorized to leave his or her place of residence only for 18
611-the purpose and time necessary to participate in the program 19
612-and activities authorized in subsection 3 of this section. 20
613- 5. The division of probation and parole shall 21
614-supervise every offender released to the house arrest 22
615-program and shall verify compliance with the requirements of 23
616-this section and such other rules and regulations that the 24
617-department shall promulgate and may do so by remote 25
618-electronic surveillance. If any probation/parole officer 26
619-has probable cause to believe that an offender under house 27
620-arrest has violated a condition of the house arrest 28 SCS HB 2088, HB 1705, 20
621- & HCS HB 1699
622-agreement, the probation/parole officer may issue a warrant 29
623-for the arrest of the offender. The probation/parole 30
624-officer may effect the arrest or may deputize any officer 31
625-with the power of arrest to do so by giving the officer a 32
626-copy of the warrant which shall outline the circumstances of 33
627-the alleged violation. The warrant delivered with the 34
628-offender by the arresting officer to t he official in charge 35
629-of any jail or other detention facility to which the 36
630-offender is brought shall be sufficient legal authority for 37
631-detaining the offender. An offender arrested under this 38
632-section shall remain in custody or incarcerated without 39
633-consideration of bail. The director or his or her designee, 40
634-upon recommendation of the probation and parole officer, may 41
635-direct the return of any offender from house arrest to a 42
636-correctional facility of the department for reclassification. 43
637- 6. Each offender who is released to house arrest shall 44
638-pay a percentage of his or her wages, established by 45
639-department rules, to a maximum of the per capita cost of the 46
640-house arrest program. The money received from the offender 47
641-shall be deposited in the inmate fund and shall be expended 48
642-to support the house arrest program. 49
643- 217.650. As used in sections 217.650 to [217.810] 1
644-217.805, unless the context clearly indicates otherwise, the 2
645-following terms mean: 3
646- (1) "Chairperson", chairperso n of the parole board who 4
647-shall be appointed by the governor; 5
648- (2) "Diversionary program", a program designed to 6
649-utilize alternatives to incarceration undertaken under the 7
650-supervision of the division of probation and parole after 8
651-commitment of an offense and prior to arraignment; 9
652- (3) "Parole", the release of an offender to the 10
653-community by the court or the state parole board prior to 11 SCS HB 2088, HB 1705, 21
654- & HCS HB 1699
655-the expiration of his term, subject to conditions imposed by 12
656-the court or the parole board and to its super vision by the 13
657-division of probation and parole; 14
658- (4) "Parole board", the state board of parole; 15
659- (5) "Prerelease program", a program relating to an 16
660-offender's preparation for, or orientation to, supervision 17
661-by the division of probation and par ole immediately prior to 18
662-or immediately after assignment of the offender to the 19
663-division of probation and parole for supervision; 20
664- (6) "Pretrial program", a program relating to the 21
665-investigation or supervision of persons referred or assigned 22
666-to the division of probation and parole prior to their 23
667-conviction; 24
668- (7) "Probation", a procedure under which a defendant 25
669-found guilty of a crime upon verdict or plea is released by 26
670-the court without imprisonment, subject to conditions 27
671-imposed by the court and subject to the supervision of the 28
672-division of probation and parole; 29
673- (8) "Recognizance program", a program relating to the 30
674-release of an individual from detention who is under arrest 31
675-for an offense for which he or she may be released as 32
676-provided in section 544.455. 33
677- 217.670. 1. The board shall adopt an official seal of 1
678-which the courts shall take official notice. 2
679- 2. Decisions of the board regarding granting of 3
680-paroles, extensions of a conditional release date or 4
681-revocations of a parole or conditional release shall be by a 5
682-majority vote of the hearing panel members. The hearing 6
683-panel shall consist of one member of the board and two 7
684-hearing officers appointed by the board. A member of the 8
685-board may remove the case from the jurisdiction of the 9
686-hearing panel and refer it to the full board for a 10 SCS HB 2088, HB 1705, 22
687- & HCS HB 1699
688-decision. Within thirty days of entry of the decision of 11
689-the hearing panel to deny parole or to revoke a parole or 12
690-conditional release, the offender may appeal the d ecision of 13
691-the hearing panel to the board. The board shall consider 14
692-the appeal within thirty days of receipt of the appeal. The 15
693-decision of the board shall be by majority vote of the board 16
694-members and shall be final. 17
695- 3. The orders of the board shall not be reviewable 18
696-except as to compliance with the terms of sections 217.650 19
697-to [217.810] 217.805 or any rules promulgated pursuant to 20
698-such section. 21
699- 4. The board shall keep a record of its acts and shall 22
700-notify each correctional center of i ts decisions relating to 23
701-persons who are or have been confined in such correctional 24
702-center. 25
703- 5. Notwithstanding any other provision of law, any 26
704-meeting, record, or vote, of proceedings involving 27
705-probation, parole, or pardon, may be a closed meetin g, 28
706-closed record, or closed vote. 29
707- 6. Notwithstanding any other provision of law, when 30
708-the appearance or presence of an offender before the board 31
709-or a hearing panel is required for the purpose of deciding 32
710-whether to grant conditional release or pa role, extend the 33
711-date of conditional release, revoke parole or conditional 34
712-release, or for any other purpose, such appearance or 35
713-presence may occur by means of a videoconference at the 36
714-discretion of the board. Victims having a right to attend 37
715-parole hearings may testify either at the site where the 38
716-board is conducting the videoconference or at the 39
717-institution where the offender is located. The use of 40
718-videoconferencing in this section shall be at the discretion 41 SCS HB 2088, HB 1705, 23
719- & HCS HB 1699
720-of the board, and shall not be utili zed if either the victim 42
721-or the victim's family objects to it. 43
722- 217.690. 1. All releases or paroles shall issue upon 1
723-order of the parole board, duly adopted. 2
724- 2. Before ordering the parole of any offender, the 3
725-parole board shall conduct a validated risk and needs 4
726-assessment and evaluate the case under the rules governing 5
727-parole that are promulgated by the parole board. The parole 6
728-board shall then have the offender appear before a hearing 7
729-panel and shall conduct a personal in terview with him or 8
730-her, unless waived by the offender, or if the guidelines 9
731-indicate the offender may be paroled without need for an 10
732-interview. The guidelines and rules shall not allow for the 11
733-waiver of a hearing if a victim requests a hearing. The 12
734-appearance or presence may occur by means of a 13
735-videoconference at the discretion of the parole board. A 14
736-parole may be ordered for the best interest of society when 15
737-there is a reasonable probability, based on the risk 16
738-assessment and indicators of rele ase readiness, that the 17
739-person can be supervised under parole supervision and 18
740-successfully reintegrated into the community, not as an 19
741-award of clemency; it shall not be considered a reduction of 20
742-sentence or a pardon. Every offender while on parole sha ll 21
743-remain in the legal custody of the department but shall be 22
744-subject to the orders of the parole board. 23
745- 3. The division of probation and parole has 24
746-discretionary authority to require the payment of a fee, not 25
747-to exceed sixty dollars per month, f rom every offender 26
748-placed under division supervision on probation, parole, or 27
749-conditional release, to waive all or part of any fee, to 28
750-sanction offenders for willful nonpayment of fees, and to 29
751-contract with a private entity for fee collections 30 SCS HB 2088, HB 1705, 24
752- & HCS HB 1699
753-services. All fees collected shall be deposited in the 31
754-inmate fund established in section 217.430. Fees collected 32
755-may be used to pay the costs of contracted collections 33
756-services. The fees collected may otherwise be used to 34
757-provide community corrections and intervention services for 35
758-offenders. Such services include substance abuse assessment 36
759-and treatment, mental health assessment and treatment, 37
760-electronic monitoring services, residential facilities 38
761-services, employment placement services, and other off ender 39
762-community corrections or intervention services designated by 40
763-the division of probation and parole to assist offenders to 41
764-successfully complete probation, parole, or conditional 42
765-release. The division of probation and parole shall adopt 43
766-rules not inconsistent with law, in accordance with section 44
767-217.040, with respect to sanctioning offenders and with 45
768-respect to establishing, waiving, collecting, and using fees. 46
769- 4. The parole board shall adopt rules not inconsistent 47
770-with law, in accordance with section 217.040, with respect 48
771-to the eligibility of offenders for parole, the conduct of 49
772-parole hearings or conditions to be imposed upon paroled 50
773-offenders. Whenever an order for parole is issued it shall 51
774-recite the conditions of such parole. 52
775- 5. When considering parole for an offender with 53
776-consecutive sentences, the minimum term for eligibility for 54
777-parole shall be calculated by adding the minimum terms for 55
778-parole eligibility for each of the consecutive sentences, 56
779-except the minimum term for parole eligibility shall not 57
780-exceed the minimum term for parole eligibility for an 58
781-ordinary life sentence. 59
782- 6. Any offender sentenced to a term of imprisonment 60
783-amounting to fifteen years or more or multiple terms of 61
784-imprisonment that, taken t ogether, amount to fifteen or more 62 SCS HB 2088, HB 1705, 25
785- & HCS HB 1699
786-years who was under eighteen years of age at the time of the 63
787-commission of the offense or offenses may be eligible for 64
788-parole after serving fifteen years of incarceration, 65
789-regardless of whether the case is final for t he purposes of 66
790-appeal, and may be eligible for reconsideration hearings in 67
791-accordance with regulations promulgated by the parole board. 68
792- 7. The provisions of subsection 6 of this section 69
793-shall not apply to an offender found guilty of murder in the 70
794-first or second degree or capital murder who was under 71
795-eighteen years of age when the offender committed the 72
796-offense or offenses who may be found ineligible for parole 73
797-or whose parole eligibility may be controlled by section 74
798-558.047 or 565.033. 75
799- 8. Any offender under a sentence for first degree 76
800-murder who has been denied release on parole after a parole 77
801-hearing shall not be eligible for another parole hearing 78
802-until at least three years from the month of the parole 79
803-denial; however, this subsect ion shall not prevent a release 80
804-pursuant to subsection 4 of section 558.011. 81
805- 9. A victim who has requested an opportunity to be 82
806-heard shall receive notice that the parole board is 83
807-conducting an assessment of the offender's risk and 84
808-readiness for release and that the victim's input will be 85
809-particularly helpful when it pertains to safety concerns and 86
810-specific protective measures that may be beneficial to the 87
811-victim should the offender be granted release. 88
812- 10. Parole hearings shall, at a mini mum, contain the 89
813-following procedures: 90
814- (1) The victim or person representing the victim who 91
815-attends a hearing may be accompanied by one other person; 92
816- (2) The victim or person representing the victim who 93
817-attends a hearing shall have the optio n of giving testimony 94 SCS HB 2088, HB 1705, 26
818- & HCS HB 1699
819-in the presence of the inmate or to the hearing panel 95
820-without the inmate being present; 96
821- (3) The victim or person representing the victim may 97
822-call or write the parole board rather than attend the 98
823-hearing; 99
824- (4) The victim or person representing the victim may 100
825-have a personal meeting with a parole board member at the 101
826-parole board's central office; 102
827- (5) The judge, prosecuting attorney or circuit 103
828-attorney and a representative of the local law enforcement 104
829-agency investigating the crime shall be allowed to attend 105
830-the hearing or provide information to the hearing panel in 106
831-regard to the parole consideration; and 107
832- (6) The parole board shall evaluate information listed 108
833-in the juvenile sex offender registry pursuant to section 109
834-211.425, provided the offender is between the ages of 110
835-seventeen and twenty -one, as it impacts the safety of the 111
836-community. 112
837- 11. The parole board shall notify any person of the 113
838-results of a parole eligibility hearing if the person 114
839-indicates to the parole board a desire to be notified. 115
840- 12. The parole board may, at its discretion, require 116
841-any offender seeking parole to meet certain conditions 117
842-during the term of that parole so long as said conditions 118
843-are not illegal or impossible f or the offender to perform. 119
844-These conditions may include an amount of restitution to the 120
845-state for the cost of that offender's incarceration. 121
846- 13. Special parole conditions shall be responsive to 122
847-the assessed risk and needs of the offender or the need for 123
848-extraordinary supervision, such as electronic monitoring. 124
849-The parole board shall adopt rules to minimize the 125
850-conditions placed on low -risk cases, to frontload conditions 126 SCS HB 2088, HB 1705, 27
851- & HCS HB 1699
852-upon release, and to require the modification and reduction 127
853-of conditions based on the person's continuing stability in 128
854-the community. Parole board rules shall permit parole 129
855-conditions to be modified by parole officers with review and 130
856-approval by supervisors. 131
857- 14. Nothing contained in this section shall be 132
858-construed to require the release of an offender on parole 133
859-nor to reduce the sentence of an offender heretofore 134
860-committed. 135
861- 15. Beginning January 1, 2001, the parole board shall 136
862-not order a parole unless the offender has obtained a high 137
863-school diploma or it s equivalent, or unless the parole board 138
864-is satisfied that the offender, while committed to the 139
865-custody of the department, has made an honest good -faith 140
866-effort to obtain a high school diploma or its equivalent; 141
867-provided that the director may waive this requirement by 142
868-certifying in writing to the parole board that the offender 143
869-has actively participated in mandatory education programs or 144
870-is academically unable to obtain a high school diploma or 145
871-its equivalent. 146
872- 16. Any rule or portion of a rule, as that term is 147
873-defined in section 536.010, that is created under the 148
874-authority delegated in this section shall become effective 149
875-only if it complies with and is subject to all of the 150
876-provisions of chapter 536 and, if applicable, section 151
877-536.028. This section and chapter 536 are nonseverable and 152
878-if any of the powers vested with the general assembly 153
879-pursuant to chapter 536 to review, to delay the effective 154
880-date, or to disapprove and annul a rule are subsequently 155
881-held unconstitutional, then the grant of rulemaking 156
882-authority and any rule proposed or adopted after August 28, 157
883-2005, shall be invalid and void. 158 SCS HB 2088, HB 1705, 28
884- & HCS HB 1699
885- 217.705. 1. The director of the division of probation 1
886-and parole shall appoint probation and parole officers and 2
887-institutional parole officers as deemed necessary to carry 3
888-out the purposes of the board. 4
889- 2. Probation and parole officers shall investigate all 5
890-persons referred to them for investigation by the board or 6
891-by any court as provided by sections 217.750 and 217. 760. 7
892-They shall furnish to each offender released under their 8
893-supervision a written statement of the conditions of 9
894-probation[,] or parole [or conditional release ] and shall 10
895-instruct the offender regarding these conditions. They 11
896-shall keep informed o f the offender's conduct and condition 12
897-and use all suitable methods to aid and encourage the 13
898-offender to bring about improvement in the offender's 14
899-conduct and conditions. 15
900- 3. The probation and parole officer may recommend and, 16
901-by order duly entere d, the court may impose and may at any 17
902-time modify any conditions of probation. The court shall 18
903-cause a copy of any such order to be delivered to the 19
904-probation and parole officer and the offender. 20
905- 4. Probation and parole officers shall keep detai led 21
906-records of their work and shall make such reports in writing 22
907-and perform such other duties as may be incidental to those 23
908-enumerated that the board may require. In the event a 24
909-parolee is transferred to another probation and parole 25
910-officer, the written record of the former probation and 26
911-parole officer shall be given to the new probation and 27
912-parole officer. 28
913- 5. Institutional parole officers shall investigate all 29
914-offenders referred to them for investigation by the board 30
915-and shall provide the board such other reports the board may 31
916-require. They shall furnish the offender prior to release 32 SCS HB 2088, HB 1705, 29
917- & HCS HB 1699
918-on parole [or conditional release ] a written statement of 33
919-the conditions of parole [or conditional release ] and shall 34
920-instruct the offender regarding thes e conditions. 35
921- 6. The department shall furnish probation and parole 36
922-officers and institutional parole officers, including 37
923-supervisors, with credentials and a special badge which such 38
924-officers and supervisors shall carry on their person at all 39
925-times while on duty. 40
926- 217.710. 1. Probation and parole officers, 1
927-supervisors and members of the parole board, who are 2
928-certified pursuant to the requirements of subsection 2 of 3
929-this section shall have the authority to carry their 4
930-firearms at all times. The department of corrections shall 5
931-promulgate policies and operating regulations which govern 6
932-the use of firearms by probation and parole officers, 7
933-supervisors and members of the parole board when carrying 8
934-out the provisions of sectio ns 217.650 to [217.810] 9
935-217.805. Mere possession of a firearm shall not constitute 10
936-an employment activity for the purpose of calculating 11
937-compensatory time or overtime. 12
938- 2. The department shall determine the content of the 13
939-required firearms safety training and provide firearms 14
940-certification and recertification training for probation and 15
941-parole officers, supervisors and members of the parole 16
942-board. A minimum of sixteen hours of firearms safety 17
943-training shall be required. In no event shall firea rms 18
944-certification or recertification training for probation and 19
945-parole officers and supervisors exceed the training required 20
946-for officers of the state highway patrol. 21
947- 3. The department shall determine the type of firearm 22
948-to be carried by the offi cers, supervisors and members of 23
949-the parole board. 24 SCS HB 2088, HB 1705, 30
950- & HCS HB 1699
951- 4. Any officer, supervisor or member of the parole 25
952-board that chooses to carry a firearm in the performance of 26
953-such officer's, supervisor's or member's duties shall 27
954-purchase the firearm and holst er. 28
955- 5. The department shall furnish such ammunition as is 29
956-necessary for the performance of the officer's, supervisor's 30
957-and member's duties. 31
958- 6. Any rule or portion of a rule, as that term is 32
959-defined in section 536.010, that is promulgated und er the 33
960-authority of this chapter, shall become effective only if 34
961-the agency has fully complied with all of the requirements 35
962-of chapter 536 including but not limited to, section 36
963-536.028, if applicable, after August 28, 1998. All 37
964-rulemaking authority d elegated prior to August 28, 1998, is 38
965-of no force and effect and repealed as of August 28, 1998, 39
966-however nothing in section 571.030 or this section shall be 40
967-interpreted to repeal or affect the validity of any rule 41
968-adopted and promulgated prior to Augus t 28, 1998. If the 42
969-provisions of section 536.028 apply, the provisions of this 43
970-section are nonseverable and if any of the powers vested 44
971-with the general assembly pursuant to section 536.028 to 45
972-review, to delay the effective date, or to disapprove and 46
973-annul a rule or portion of a rule are held unconstitutional 47
974-or invalid, the purported grant of rulemaking authority and 48
975-any rule so proposed and contained in the order of 49
976-rulemaking shall be invalid and void, except that nothing in 50
977-section 571.030 or this section shall affect the validity of 51
978-any rule adopted and promulgated prior to August 28, 1998. 52
979- 217.718. 1. As an alternative to the revocation 1
980-proceedings provided under sections 217.720, 217.722, and 2
981-559.036, and if the court has not otherwise required 3
982-detention to be a condition of probation under section 4 SCS HB 2088, HB 1705, 31
983- & HCS HB 1699
984-559.026, a probation or parole officer may order an offender 5
985-to submit to a period of detention in the county jail, or 6
986-other appropriate institution, upon a determinatio n by a 7
987-probation or parole officer that the offender has violated a 8
988-condition of continued probation or parole. 9
989- 2. The period of detention may not exceed forty -eight 10
990-hours the first time it is imposed against an offender 11
991-during a term of probatio n or parole. Subsequent periods 12
992-may exceed forty-eight hours, but the total number of hours 13
993-an offender spends in detention under this section shall not 14
994-exceed three hundred sixty in any calendar year. 15
995- 3. The officer shall present the offender wi th a 16
996-written report detailing in what manner the offender has 17
997-violated the conditions of parole, probation, or conditional 18
998-release and advise the offender of the right to a hearing 19
999-before the court or board prior to the period of detention. 20
1000-The division shall file a copy of the violation report with 21
1001-the sentencing court or board after the imposition of the 22
1002-period of detention and within a reasonable period of time 23
1003-that is consistent with existing division procedures. 24
1004- 4. Any offender detained under this section in a 25
1005-county of the first class or second class or in any city 26
1006-with a population of five hundred thousand or more and 27
1007-detained as herein provided shall be subject to all the 28
1008-provisions of section 221.170, even though the offender was 29
1009-not convicted and sentenced to a jail or workhouse. 30
1010- 5. If parole[,] or probation[, or conditional release ] 31
1011-is revoked and a term of imprisonment is served by reason 32
1012-thereof, the time spent in a jail, halfway house, honor 33
1013-center, workhouse, or oth er institution as a detention 34
1014-condition of parole[,] or probation[, or conditional 35
1015-release] shall be credited against the prison or jail term 36 SCS HB 2088, HB 1705, 32
1016- & HCS HB 1699
1017-served for the offense in connection with which the 37
1018-detention was imposed. 38
1019- 6. The division shall reimbur se the county jail or 39
1020-other institution for the costs of detention under this 40
1021-section at a rate determined by the department of 41
1022-corrections, which shall be at least thirty dollars per day 42
1023-per offender and subject to appropriation of funds by the 43
1024-general assembly. Prior to ordering the offender to submit 44
1025-to the period of detention under subsection 1 of this 45
1026-section, the probation and parole officer shall certify to 46
1027-the county jail or institution that the division has 47
1028-sufficient funds to provide rei mbursement for the costs of 48
1029-the period of detention. A jail or other institution may 49
1030-refuse to detain an offender under this section if funds are 50
1031-not available to provide reimbursement or if there is 51
1032-inadequate space in the facility for the offender. 52
1033- 7. Upon successful completion of the period of 53
1034-detention under this section, the court or board may not 54
1035-revoke the term of parole [,] or probation[, or conditional 55
1036-release] or impose additional periods of detention for the 56
1037-same incident unless new or additional information is 57
1038-discovered that was unknown to the division when the period 58
1039-of detention was imposed and indicates that the offender was 59
1040-involved in the commission of a crime. If the offender 60
1041-fails to complete the period of detention or new or 61
1042-additional information is discovered that the incident 62
1043-involved a crime, the offender may be arrested under 63
1044-sections 217.720 and 217.722. 64
1045- 217.720. 1. At any time during release on parole or 1
1046-conditional release the division o f probation and parole may 2
1047-issue a warrant for the arrest of a released offender for 3
1048-violation of any of the conditions of parole or conditional 4 SCS HB 2088, HB 1705, 33
1049- & HCS HB 1699
1050-release. The warrant shall authorize any law enforcement 5
1051-officer to return the offender to the actual cust ody of the 6
1052-correctional center from which the offender was released, or 7
1053-to any other suitable facility designated by the division. 8
1054-If any parole or probation officer has probable cause to 9
1055-believe that such offender has violated a condition of 10
1056-parole or conditional release, the probation or parole 11
1057-officer may issue a warrant for the arrest of the offender. 12
1058-The probation or parole officer may effect the arrest or may 13
1059-deputize any officer with the power of arrest to do so by 14
1060-giving the officer a cop y of the warrant which shall outline 15
1061-the circumstances of the alleged violation and contain the 16
1062-statement that the offender has, in the judgment of the 17
1063-probation or parole officer, violated conditions of parole 18
1064-or conditional release. The warrant delivered with the 19
1065-offender by the arresting officer to the official in charge 20
1066-of any facility designated by the division to which the 21
1067-offender is brought shall be sufficient legal authority for 22
1068-detaining the offender. After the arrest the parole or 23
1069-probation officer shall present to the detaining authorities 24
1070-a similar statement of the circumstances of violation. 25
1071-Pending hearing as hereinafter provided, upon any charge of 26
1072-violation, the offender shall remain in custody or 27
1073-incarcerated without conside ration of bail. 28
1074- 2. If the offender is arrested under the authority 29
1075-granted in subsection 1 of this section, the offender shall 30
1076-have the right to a preliminary hearing on the violation 31
1077-charged unless the offender waives such hearing. Upon such 32
1078-arrest and detention, the parole or probation officer shall 33
1079-immediately notify the board and shall submit in writing a 34
1080-report showing in what manner the offender has violated the 35
1081-conditions of his parole or conditional release. The board 36 SCS HB 2088, HB 1705, 34
1082- & HCS HB 1699
1083-shall order the offender discharged from such facility, 37
1084-require as a condition of parole or conditional release the 38
1085-placement of the offender in a treatment center operated by 39
1086-the department of corrections, or shall cause the offender 40
1087-to be brought before it for a he aring on the violation 41
1088-charged, under such rules and regulations as the board may 42
1089-adopt. If the violation is established and found, the board 43
1090-may continue or revoke the parole or conditional release, or 44
1091-enter such other order as it may see fit. If no violation 45
1092-is established and found, then the parole or conditional 46
1093-release shall continue. If at any time during release on 47
1094-parole or conditional release the offender is arrested for a 48
1095-crime which later leads to conviction, and sentence is then 49
1096-served outside the Missouri department of corrections, the 50
1097-board shall determine what part, if any, of the time from 51
1098-the date of arrest until completion of the sentence imposed 52
1099-is counted as time served under the sentence from which the 53
1100-offender was paroled or conditionally released. 54
1101- 3. An offender for whose return a warrant has been 55
1102-issued by the division shall, if it is found that the 56
1103-warrant cannot be served, be deemed to be a fugitive from 57
1104-justice or to have fled from justice. If it shall appear 58
1105-that the offender has violated the provisions and conditions 59
1106-of his parole or conditional release, the board shall 60
1107-determine whether the time from the issuing date of the 61
1108-warrant to the date of his arrest on the warrant, or 62
1109-continuance on parole or conditional release shall be 63
1110-counted as time served under the sentence. In all other 64
1111-cases, time served on parole or conditional release shall be 65
1112-counted as time served under the sentence. 66
1113- 4. At any time during parole or probation, the 67
1114-division may issue a warrant for the arrest of any person 68 SCS HB 2088, HB 1705, 35
1115- & HCS HB 1699
1116-from another jurisdiction [, the visitation and supervision 69
1117-of whom the division has undertaken pursuant to the 70
1118-provisions of the interstate compact for the supervision of 71
1119-parolees and probationers autho rized in section 217.810, ] 72
1120-for violation of any of the conditions of release [,] or a 73
1121-notice to appear to answer a charge of violation. The 74
1122-notice shall be served personally upon the person. The 75
1123-warrant shall authorize any law enforcement officer to 76
1124-return the offender to any suitable detention facility 77
1125-designated by the division. Any parole or probation officer 78
1126-may arrest such person without a warrant, or may deputize 79
1127-any other officer with power of arrest to do so by issuing a 80
1128-written statement setting forth that the defendant has, in 81
1129-the judgment of the parole or probation officer, violated 82
1130-the conditions of his release. The written statement 83
1131-delivered with the person by the arresting officer to the 84
1132-official in charge of the detention faci lity to which the 85
1133-person is brought shall be sufficient legal authority for 86
1134-detaining him. After making an arrest the parole or 87
1135-probation officer shall present to the detaining authorities 88
1136-a similar statement of the circumstances of violation. 89
1137- 217.730. 1. The period served on parole, except for 1
1138-judicial parole granted or revoked pursuant to section 2
1139-559.100, shall be deemed service of the term of imprisonment 3
1140-and, subject to the provisions of section 217.720 relating 4
1141-to an offender who is or has been a fugitive from justice, 5
1142-the total time served may not exceed the maximum term or 6
1143-sentence. 7
1144- 2. When an offender on parole [or conditional 8
1145-release], before the expiration of the term for which the 9
1146-offender was sentenced, has performed the obligation of his 10
1147-parole for such time as satisfies the board that his final 11 SCS HB 2088, HB 1705, 36
1148- & HCS HB 1699
1149-release is not incompatible with the best interest of 12
1150-society and the welfare of the individual, the board may 13
1151-make a final order of discharge and issue a certificate of 14
1152-discharge to the offender. No such order of discharge shall 15
1153-be made in any case less than three years after the date on 16
1154-which the offender was paroled [or conditionally released ] 17
1155-except where the sentence expires earlier. 18
1156- 3. Upon final discharge, persons shall be informed in 19
1157-writing on the process and procedure to register to vote. 20
1158- 217.940. 1. This act establishes the "Correctional 1
1159-Center Nursery Program". The department of corrections 2
1160-shall, subject to appropriations, establish a correctional 3
1161-center nursery in one or more of the correctional centers 4
1162-for women operated by the department, no later than July 1, 5
1163-2025. The purpose of the correctional center nursery 6
1164-program is for bonding and unification between the mother 7
1165-and child. The program shall allow eligible inmates and 8
1166-children born from them while in the custody of the 9
1167-department to reside together in the institution for up to 10
1168-eighteen months post -delivery. In establishing this 11
1169-program, neither the inmate's participation in the program 12
1170-nor any provision of sections 217.940 to 217.947 shall 13
1171-affect, modify, or interfere with the inmate's custodial 14
1172-rights to the child nor does it establish legal custody of 15
1173-the child with the department. 16
1174- 2. As used in sections 217.940 to 217.947, the 17
1175-following terms shall mean: 18
1176- (1) "Correctional center nursery program", the program 19
1177-authorized by sections 217.940 to 217.947; 20
1178- (2) "Department", the department of corrections; 21
1179- (3) "Public assistance", all forms of assistance, 22
1180-including monetary assistance from any public source paid 23 SCS HB 2088, HB 1705, 37
1181- & HCS HB 1699
1182-either to the mother or child or any other person on behalf 24
1183-of the child; 25
1184- (4) "Support", the payment of money, including 26
1185-interest: 27
1186- (a) For a child or spouse ordered by a court of 28
1187-competent jurisdiction, whether the payment is ordered in an 29
1188-emergency, temporary, permanent, or modified order, the 30
1189-amount of unpaid support shall bear simple interest from the 31
1190-date it accrued, at a rate of ten dol lars upon one hundred 32
1191-dollars per annum, and proportionately for a greater or 33
1192-lesser sum, or for a longer or shorter time; 34
1193- (b) To third parties on behalf of a child or spouse, 35
1194-including, but not limited to, payments to medical, dental 36
1195-or educational providers, payments to insurers for health 37
1196-and hospitalization insurance, payments of residential rent 38
1197-or mortgage payments, payments on an automobile, or payments 39
1198-for day care; or 40
1199- (c) For a mother, ordered by a court of competent 41
1200-jurisdiction, for the necessary expenses incurred by or for 42
1201-the mother in connection with her confinement or of other 43
1202-expenses in connection with the pregnancy of the mother. 44
1203- 217.941. 1. An inmate is eligible to participate in 1
1204-the correctional center nursery program if: 2
1205- (1) She delivers the child while in the custody of the 3
1206-department; 4
1207- (2) She is expected to give birth or gives birth on or 5
1208-after the date the program is implemented; 6
1209- (3) She has a presumptive release date esta blished by 7
1210-the parole board of eighteen months or less from the date 8
1211-she applies to participate in the program; 9
1212- (4) She has not pled guilty to or been convicted of a 10
1213-dangerous felony as defined in section 556.061; 11 SCS HB 2088, HB 1705, 38
1214- & HCS HB 1699
1215- (5) She has not pled guilty to or been convicted of 12
1216-any sexual offense contained in chapter 566 where the victim 13
1217-of the crime was a minor; 14
1218- (6) She has not pled guilty to or been convicted of an 15
1219-offense against the family contained in chapter 568, 16
1220-excluding criminal nonsupp ort; and 17
1221- (7) She and the child meet any other criteria 18
1222-established by the department. 19
1223- 2. Placement into the program shall be by internal 20
1224-classification of the department. A sentencing court is 21
1225-without jurisdiction to order a placement of an inmate into 22
1226-the program. 23
1227- 3. Program capacity shall be determined by the 24
1228-department. 25
1229- 4. Upon first release of the mother and child, the 26
1230-child shall not be eligible to return to the program if the 27
1231-mother is revoked or receives a new assignme nt to the 28
1232-department of corrections. 29
1233- 217.942. 1. To participate in the correctional center 1
1234-nursery program, each eligible inmate selected by the 2
1235-department shall agree in writing to: 3
1236- (1) Comply with all department policies, pr ocedures 4
1237-and other requirements related to the corrections nursery 5
1238-program and rules that apply to all incarcerated offenders 6
1239-generally; 7
1240- (2) If eligible, have the child participate in the 8
1241-state children's health insurance program under sections 9
1242-208.631 to 208.658; 10
1243- (3) Abide by any court decisions regarding the 11
1244-allocation of parental rights and responsibilities with 12
1245-respect to the child; and 13 SCS HB 2088, HB 1705, 39
1246- & HCS HB 1699
1247- (4) Specify with whom the child is to be placed in the 14
1248-event the inmate's participation in t he program is 15
1249-terminated for a reason other than release from imprisonment. 16
1250- 2. The department shall be required to establish 17
1251-policy for the operation of the program. 18
1252- 217.943. An inmate's participation in the correctional 1
1253-center nursery program may be terminated by the department 2
1254-if one of the following occurs: 3
1255- (1) The inmate fails to comply with the agreement 4
1256-entered into under section 217.942; 5
1257- (2) The inmate violates an institutional rule that 6
1258-results in alternative housing placement outside of the area 7
1259-designated for the program; 8
1260- (3) The inmate's child becomes seriously ill, cannot 9
1261-receive the necessary medical care, or otherwise cannot 10
1262-safely participate in the program; 11
1263- (4) A court of competent ju risdiction grants custody 12
1264-of the child to a person other than the inmate; 13
1265- (5) A court of competent jurisdiction issues an order 14
1266-regarding the child granting temporary, permanent, or legal 15
1267-custody of the child to a person other than the inmate, or 16
1268-to a public children services agency or private child 17
1269-placing agency; or 18
1270- (6) The inmate is released from imprisonment. 19
1271- 217.944. 1. The division of child support enforcement 1
1272-shall collect support payments made pursuant to the 2
1273-assignment and forward them to the department for deposit 3
1274-into the inmate's inmate banking account. 4
1275- 2. The department may accept monetary and property 5
1276-donations on behalf of the program. 6
1277- 3. All donations accepted by the department for the 7
1278-correctional center nursery program shall be used solely for 8 SCS HB 2088, HB 1705, 40
1279- & HCS HB 1699
1280-any expenses relating to the operation and maintenance of 9
1281-the program. 10
1282- 4. No donations of property shall be made on behalf of 11
1283-one particular inmate or child to be used while incarcerated. 12
1284- 5. Financial donations, public assistance, or support 13
1285-for a specific inmate or child shall be made through the 14
1286-inmate banking system. 15
1287- 217.945. 1. There is hereby created in the state 1
1288-treasury the "Correctional Center Nursery P rogram Fund", 2
1289-which shall consist of money collected under this section 3
1290-and section 217.944 as well as any appropriations made by 4
1291-the general assembly. The department shall obtain 5
1292-sufficient resources to initiate and maintain the program 6
1293-and may accept gifts, grants, and donations of any kind. 7
1294-The state treasurer shall be custodian of the fund. In 8
1295-accordance with sections 30.170 and 30.180, the state 9
1296-treasurer may approve disbursements. The fund shall be a 10
1297-dedicated fund and money in the fund sh all be used solely by 11
1298-the department for the purposes of operating and maintaining 12
1299-sections 217.940 to 217.947. 13
1300- 2. Notwithstanding the provisions of section 33.080 to 14
1301-the contrary, any moneys remaining in the fund at the end of 15
1302-the biennium shall not revert to the credit of the general 16
1303-revenue fund. 17
1304- 3. The state treasurer shall invest moneys in the fund 18
1305-in the same manner as other funds are invested. Any interest 19
1306-and moneys earned on such investments shall be credited to 20
1307-the fund. 21
1308- 217.946. Notwithstanding any other provision of law to 1
1309-the contrary, neither the correctional center nursery 2
1310-program nor the department, with respect to the program, is 3
1311-subject to any regulation, licensing or oversight by the 4 SCS HB 2088, HB 1705, 41
1312- & HCS HB 1699
1313-department of health and senior services, department of 5
1314-social services, children's division, juvenile officer of 6
1315-any jurisdiction or the office of childhood unless the 7
1316-department voluntarily agrees to services, regulation, 8
1317-licensing, or oversight from any of the aforementioned 9
1318-entities. 10
1319- 217.947. The operation of a correctional center 1
1320-nursery program established under sections 217.940 to 2
1321-217.947 and the presence of children of inmates 3
1322-participating in the correctional center nursery p rogram 4
1323-shall not be considered a dangerous condition that would 5
1324-result in a waiver of sovereign immunity under section 6
1325-537.600. The sovereign immunity provisions under section 7
1326-537.600 and any other statute regarding the sovereign 8
1327-immunity of the stat e or public entities in existence as of 9
1328-August 28, 2022, shall remain in effect and shall be applied 10
1329-in the same manner as such provisions were applied prior to 11
1330-the establishment of the correctional center nursery program 12
1331-under sections 217.940 to 217. 947. 13
1332- 304.022. 1. Upon the immediate approach of an 1
1333-emergency vehicle giving audible signal by siren or while 2
1334-having at least one lighted lamp exhibiting red light 3
1335-visible under normal atmospheric conditions from a distance 4
1336-of five hundred feet to the front of such vehicle or a 5
1337-flashing blue light authorized by section 307.175, the 6
1338-driver of every other vehicle shall yield the right -of-way 7
1339-and shall immediately drive to a position parallel to, and 8
1340-as far as possible to the right of, the traveled portion of 9
1341-the highway and thereupon stop and remain in such position 10
1342-until such emergency vehicle has passed, except when 11
1343-otherwise directed by a police or traffic officer. 12 SCS HB 2088, HB 1705, 42
1344- & HCS HB 1699
1345- 2. Upon approaching a stationary vehicle displaying 13
1346-lighted red or red and blue lights, or a stationary vehicle 14
1347-displaying lighted amber or amber and white lights, the 15
1348-driver of every motor vehicle shall: 16
1349- (1) Proceed with caution and yield the right -of-way, 17
1350-if possible with due regard to safety and tr affic 18
1351-conditions, by making a lane change into a lane not adjacent 19
1352-to that of the stationary vehicle, if on a roadway having at 20
1353-least four lanes with not less than two lanes proceeding in 21
1354-the same direction as the approaching vehicle; or 22
1355- (2) Proceed with due caution and reduce the speed of 23
1356-the vehicle, maintaining a safe speed for road conditions, 24
1357-if changing lanes would be unsafe or impossible. 25
1358- 3. The motorman of every streetcar shall immediately 26
1359-stop such car clear of any intersection a nd keep it in such 27
1360-position until the emergency vehicle has passed, except as 28
1361-otherwise directed by a police or traffic officer. 29
1362- 4. An "emergency vehicle" is a vehicle of any of the 30
1363-following types: 31
1364- (1) A vehicle operated by the state highwa y patrol, 32
1365-the state water patrol, the Missouri capitol police, a 33
1366-conservation agent, or a state , county, or municipal park 34
1367-ranger, those vehicles operated by enforcement personnel of 35
1368-the state highways and transportation commission, police or 36
1369-fire department, sheriff, constable or deputy sheriff, 37
1370-federal law enforcement officer authorized to carry firearms 38
1371-and to make arrests for violations of the laws of the United 39
1372-States, traffic officer, coroner, medical examiner, or 40
1373-forensic investigator of the county medical examiner's 41
1374-office, or by a privately owned emergency vehicle company; 42 SCS HB 2088, HB 1705, 43
1375- & HCS HB 1699
1376- (2) A vehicle operated as an ambulance or operated 43
1377-commercially for the purpose of transporting emergency 44
1378-medical supplies or organs; 45
1379- (3) Any vehicle qualifying as an emergency vehicle 46
1380-pursuant to section 307.175; 47
1381- (4) Any wrecker, or tow truck or a vehicle owned and 48
1382-operated by a public utility or public service corporation 49
1383-while performing emergency service; 50
1384- (5) Any vehicle transporting equip ment designed to 51
1385-extricate human beings from the wreckage of a motor vehicle; 52
1386- (6) Any vehicle designated to perform emergency 53
1387-functions for a civil defense or emergency management agency 54
1388-established pursuant to the provisions of chapter 44; 55
1389- (7) Any vehicle operated by an authorized employee of 56
1390-the department of corrections who, as part of the employee's 57
1391-official duties, is responding to a riot, disturbance, 58
1392-hostage incident, escape or other critical situation where 59
1393-there is the threat of serious physical injury or death, 60
1394-responding to mutual aid call from another criminal justice 61
1395-agency, or in accompanying an ambulance which is 62
1396-transporting an offender to a medical facility; 63
1397- (8) Any vehicle designated to perform hazardous 64
1398-substance emergency functions established pursuant to the 65
1399-provisions of sections 260.500 to 260.550; 66
1400- (9) Any vehicle owned by the state highways and 67
1401-transportation commission and operated by an authorized 68
1402-employee of the department of transportation that is marked 69
1403-as a department of transportation emergency response or 70
1404-motorist assistance vehicle; or 71
1405- (10) Any vehicle owned and operated by the civil 72
1406-support team of the Missouri National Guard while in 73
1407-response to or during operations involving ch emical, 74 SCS HB 2088, HB 1705, 44
1408- & HCS HB 1699
1409-biological, or radioactive materials or in support of 75
1410-official requests from the state of Missouri involving 76
1411-unknown substances, hazardous materials, or as may be 77
1412-requested by the appropriate state agency acting on behalf 78
1413-of the governor. 79
1414- 5. (1) The driver of any vehicle referred to in 80
1415-subsection 4 of this section shall not sound the siren 81
1416-thereon or have the front red lights or blue lights on 82
1417-except when such vehicle is responding to an emergency call 83
1418-or when in pursuit of an actual or suspected law violator, 84
1419-or when responding to, but not upon returning from, a fire. 85
1420- (2) The driver of an emergency vehicle may: 86
1421- (a) Park or stand irrespective of the provisions of 87
1422-sections 304.014 to 304.025; 88
1423- (b) Proceed past a red or stop signal or stop sign, 89
1424-but only after slowing down as may be necessary for safe 90
1425-operation; 91
1426- (c) Exceed the prima facie speed limit so long as the 92
1427-driver does not endanger life or property; 93
1428- (d) Disregard regulations governing direction o f 94
1429-movement or turning in specified directions. 95
1430- (3) The exemptions granted to an emergency vehicle 96
1431-pursuant to subdivision (2) of this subsection shall apply 97
1432-only when the driver of any such vehicle while in motion 98
1433-sounds audible signal by bell, s iren, or exhaust whistle as 99
1434-may be reasonably necessary, and when the vehicle is 100
1435-equipped with at least one lighted lamp displaying a red 101
1436-light or blue light visible under normal atmospheric 102
1437-conditions from a distance of five hundred feet to the front 103
1438-of such vehicle. 104
1439- 6. No person shall purchase an emergency light as 105
1440-described in this section without furnishing the seller of 106 SCS HB 2088, HB 1705, 45
1441- & HCS HB 1699
1442-such light an affidavit stating that the light will be used 107
1443-exclusively for emergency vehicle purposes. 108
1444- 7. Violation of this section shall be deemed a class A 109
1445-misdemeanor. 110
1446- 407.1700. 1. For the purposes of this section, the 1
1447-following terms shall mean: 2
1448- (1) "Consumer product", any tangible personal property 3
1449-that is distributed in commerce an d that is normally used 4
1450-for personal, family, or household purposes, including any 5
1451-such property intended to be attached to or installed in any 6
1452-real property without regard to whether the personal 7
1453-property is so attached or installed; 8
1454- (2) "High-volume third-party seller", a participant in 9
1455-an online marketplace who is a third -party seller and who, 10
1456-in any continuous twelve -month period during the previous 11
1457-twenty-four months, has entered into two hundred or more 12
1458-discrete sales or transactions of new or unused consumer 13
1459-products with an aggregate total of five thousand dollars or 14
1460-more in gross revenue. For purposes of calculating the 15
1461-number of discrete sales or transactions or the aggregate 16
1462-gross revenues under this subdivision, an online marke tplace 17
1463-shall be required to count only sales or transactions made 18
1464-through the online marketplace and for which payment was 19
1465-processed by the online marketplace, either directly or 20
1466-through its payment processor; 21
1467- (3) "Online marketplace", any person or entity that 22
1468-operates a consumer-directed, electronically -based or 23
1469-accessed platform that: 24
1470- (a) Includes features that allow for, facilitate, or 25
1471-enable third-party sellers to engage in the sale, purchase, 26
1472-payment, storage, shipping, or delivery of a consumer 27
1473-product in the United States; 28 SCS HB 2088, HB 1705, 46
1474- & HCS HB 1699
1475- (b) Is used by one or more third -party sellers for 29
1476-such purposes; and 30
1477- (c) Has a contractual or similar relationship with 31
1478-consumers governing its use of the platform to purchase 32
1479-consumer products; 33
1480- (4) "Seller", a person who sells, offers to sell, or 34
1481-contracts to sell a consumer product through an online 35
1482-marketplace's platform; 36
1483- (5) "Third-party seller", any seller, independent of 37
1484-an online marketplace, who sells, offers to sell, or 38
1485-contracts to sell a consumer product through an online 39
1486-marketplace. This term shall not include a seller who: 40
1487- (a) Operates the online marketplace's platform; or 41
1488- (b) Is a business entity that has: 42
1489- a. Made available to the general public t he entity's 43
1490-name, business address, and working contact information; 44
1491- b. An ongoing contractual relationship with the online 45
1492-marketplace to provide the online marketplace with the 46
1493-manufacture, distribution, wholesaling, or fulfillment of 47
1494-shipments of consumer products; and 48
1495- c. Provided to the online marketplace identifying 49
1496-information, as described in subparagraph a. of this 50
1497-paragraph, that has been verified under subsection 2 of this 51
1498-section; 52
1499- (6) "Verify", to confirm information prov ided to an 53
1500-online marketplace under this section, which may include the 54
1501-use of one or more methods that enable the online 55
1502-marketplace to reliably determine that any information and 56
1503-documents provided are valid, corresponding to the seller or 57
1504-an individual acting on the seller's behalf; not 58
1505-misappropriated; and not falsified. 59 SCS HB 2088, HB 1705, 47
1506- & HCS HB 1699
1507- 2. An online marketplace shall require any high -volume 60
1508-third-party seller on the online marketplace to provide, no 61
1509-later than ten days after qualifying as a high -volume third- 62
1510-party seller, the following information: 63
1511- (1) Bank account information, including a bank account 64
1512-number or, if such seller does not have a bank account, the 65
1513-name of the payee for payments issued by the online 66
1514-marketplace to such seller. The bank account or payee 67
1515-information required under this subdivision may be provided 68
1516-by the seller in the following ways: 69
1517- (a) To the online marketplace; or 70
1518- (b) To a payment processor or other third -party 71
1519-contracted by the online marketplace to m aintain such 72
1520-information, provided that the online marketplace ensures 73
1521-that it may obtain such information on demand from such 74
1522-payment processor or other third -party; 75
1523- (2) Contact information for such seller, including the 76
1524-following: 77
1525- (a) With respect to a high-volume third-party seller 78
1526-who is an individual, the individual's name; or 79
1527- (b) With respect to a high -volume third-party seller 80
1528-who is not an individual, one of the following forms of 81
1529-contact information: 82
1530- a. A copy of a valid government-issued identification 83
1531-for an individual acting on behalf of such seller that 84
1532-includes the individual's name; or 85
1533- b. A copy of a valid government -issued record or tax 86
1534-document that includes the business name and physical 87
1535-address of such seller; 88
1536- (3) A current working email address and phone number 89
1537-for such seller; and 90 SCS HB 2088, HB 1705, 48
1538- & HCS HB 1699
1539- (4) A business tax identification number or, if such 91
1540-seller does not have a business tax identification number, a 92
1541-taxpayer identification number. 93
1542- 3. An online marketplace shall: 94
1543- (1) Periodically, but no less than annually, notify 95
1544-any high-volume third-party seller on such online 96
1545-marketplace's platform of the requirement to keep any 97
1546-information collected under subsection 2 of this section 98
1547-current; and 99
1548- (2) Require any high-volume third-party seller on such 100
1549-online marketplace's platform to, no later than ten days 101
1550-after receiving the notice under subdivision (1) of this 102
1551-subsection, electronically certify that: 103
1552- (a) The seller has provided any changes to such 104
1553-information to the online marketplace if any such changes 105
1554-have occurred; 106
1555- (b) There have been no changes to such seller's 107
1556-information; or 108
1557- (c) Such seller has provided any changes to such 109
1558-information to the online ma rketplace. 110
1559- 4. In the event that a high -volume third-party seller 111
1560-does not provide the information or certification required 112
1561-under subsections 2 and 3 of this section, the online 113
1562-marketplace shall, after providing the seller with written 114
1563-or electronic notice and an opportunity to provide such 115
1564-information or certification no later than ten days after 116
1565-the issuance of such notice, suspend any future sales 117
1566-activity of such seller until such seller provides such 118
1567-information or certification. 119
1568- 5. (1) An online marketplace shall: 120 SCS HB 2088, HB 1705, 49
1569- & HCS HB 1699
1570- (a) Verify the information collected in subsection 2 121
1571-of this section no later than ten days after such 122
1572-collection; and 123
1573- (b) Verify any change to such information no later 124
1574-than ten days after being notified of such change by a high - 125
1575-volume third-party seller under subsection 3 of this section. 126
1576- (2) In the case of a high -volume third-party seller 127
1577-who provides a copy of a valid government -issued tax 128
1578-document, any information contained in such tax documen t 129
1579-shall be presumed to be verified as of the date of issuance 130
1580-of such document. 131
1581- (3) Data collected to comply solely with the 132
1582-requirements of this section shall not be used for any other 133
1583-purpose unless required by law. 134
1584- (4) An online marketplace shall implement and maintain 135
1585-reasonable security procedures and practices, including 136
1586-administrative, physical, and technical safeguards, 137
1587-appropriate to the nature of the data and the purposes for 138
1588-which the data will be used, to protect the data col lected 139
1589-to comply with the requirements of this section from 140
1590-unauthorized use, disclosure, access, destruction, or 141
1591-modification. 142
1592- 6. (1) An online marketplace shall: 143
1593- (a) Require any high-volume third-party seller with an 144
1594-aggregate total of t wenty thousand dollars or more in annual 145
1595-gross revenues on such online marketplace, and that uses 146
1596-such online marketplace's platform, to provide the 147
1597-information described in subdivision (2) of this subsection 148
1598-to the online marketplace; and 149
1599- (b) Disclose the information described in subdivision 150
1600-(2) of this subsection to consumers in a clear and 151
1601-conspicuous manner in the order confirmation message or 152 SCS HB 2088, HB 1705, 50
1602- & HCS HB 1699
1603-other document or communication made to a consumer after a 153
1604-purchase is finalized and in the consu mer's account 154
1605-transaction history. 155
1606- (2) The information required shall be the following: 156
1607- (a) Subject to subdivision (3) of this subsection, the 157
1608-identity of the high -volume third-party seller, including: 158
1609- a. The full name of the seller, wh ich may include the 159
1610-seller's name or seller's company name, or the name by which 160
1611-the seller or company operates on the online marketplace; 161
1612- b. The physical address of the seller; and 162
1613- c. Contact information for the seller, to allow for 163
1614-the direct, unhindered communication with high -volume third- 164
1615-party sellers by users of the online marketplace, including: 165
1616- (i) A current working phone number; 166
1617- (ii) A current working email address; or 167
1618- (iii) Other means of direct electronic messagi ng, 168
1619-which may be provided to such seller by the online 169
1620-marketplace; and 170
1621- (b) Whether the high-volume third-party seller used a 171
1622-different seller to supply the consumer product to the 172
1623-consumer upon purchase and, upon the request of an 173
1624-authenticated purchaser, the information described in 174
1625-paragraph (a) of this subdivision relating to any such 175
1626-seller who supplied the consumer product to the purchaser if 176
1627-such seller is different than the high -volume third-party 177
1628-seller listed on the product listing prior to purchase. 178
1629- (3) Subject to subdivision (2) of this subsection, 179
1630-upon the request of a high -volume third-party seller, an 180
1631-online marketplace may provide for partial disclosure of the 181
1632-identity information required under paragraph (a) of 182
1633-subdivision (2) of this subsection in the following 183
1634-situations: 184 SCS HB 2088, HB 1705, 51
1635- & HCS HB 1699
1636- (a) If such seller certifies to the online marketplace 185
1637-that the seller does not have a business address and only 186
1638-has a residential street address, or has a combined business 187
1639-and residential address, the online marketplace may: 188
1640- a. Disclose only the country and, if applicable, the 189
1641-state in which such seller resides; and 190
1642- b. Inform consumers that there is no business address 191
1643-available for the seller and that consumer inquiries sh ould 192
1644-be submitted to the seller by phone, email, or other means 193
1645-of electronic messaging provided to such seller by the 194
1646-online marketplace; 195
1647- (b) If such seller certifies to the online marketplace 196
1648-that the seller is a business that has a physical ad dress 197
1649-for product returns, the online marketplace may disclose the 198
1650-seller's physical address for product returns; and 199
1651- (c) If such seller certifies to the online marketplace 200
1652-that the seller does not have a phone number other than a 201
1653-personal phone number, the online marketplace shall inform 202
1654-consumers that there is no phone number available for the 203
1655-seller and that consumer inquiries should be submitted to 204
1656-the seller's email address or other means of electronic 205
1657-messaging provided to such seller by the online marketplace. 206
1658- (4) If an online marketplace becomes aware that a high - 207
1659-volume third-party seller has made a false representation to 208
1660-the online marketplace in order to justify the provision of 209
1661-a partial disclosure under subdivision (1) of this 210
1662-subsection or that a high -volume third-party seller who has 211
1663-requested and received a provision for a partial disclosure 212
1664-under subdivision (1) of this subsection has not provided 213
1665-responsive answers within a reasonable time frame to 214
1666-consumer inquiries submitted to the seller by phone, email, 215
1667-or other means of electronic messaging provided to such 216 SCS HB 2088, HB 1705, 52
1668- & HCS HB 1699
1669-seller by the online marketplace, the online marketplace 217
1670-shall, after providing the seller with written or electronic 218
1671-notice and an opportunity to resp ond no later than ten days 219
1672-after the issuance of such notice, suspend any future sales 220
1673-activity of such seller unless such seller consents to the 221
1674-disclosure of the identity information required under 222
1675-paragraph (a) of subdivision (2) of this subsection. 223
1676- (5) An online marketplace shall disclose to consumers 224
1677-in a clear and conspicuous manner on the product listing of 225
1678-any high-volume third-party seller a reporting mechanism 226
1679-that allows for electronic and telephonic reporting of 227
1680-suspicious marketplace activity to the online marketplace. 228
1681- (6) If a high-volume third-party seller does not 229
1682-comply with the requirements to provide and disclose 230
1683-information under this subsection, the online marketplace 231
1684-shall, after providing the seller with written or electronic 232
1685-notice and an opportunity to provide or disclose such 233
1686-information no later than ten days after the issuance of 234
1687-such notice, suspend any future sales activity of such 235
1688-seller until the seller complies with such requirements. 236
1689- 7. (1) A violation of the provisions of this section 237
1690-shall be treated as a violation of sections 407.010 to 238
1691-407.130 and shall be enforced solely by the attorney 239
1692-general. Nothing in this section shall be construed as 240
1693-providing the basis for, or subjecting a pa rty to, a private 241
1694-civil action. 242
1695- (2) The attorney general may promulgate rules and 243
1696-regulations with respect to collecting, verifying, and 244
1697-disclosing information under this section, provided that 245
1698-such rules and regulations are limited to what is ne cessary 246
1699-to collect, verify, or disclose such information. Any rule 247
1700-or portion of a rule, as that term is defined in section 248 SCS HB 2088, HB 1705, 53
1701- & HCS HB 1699
1702-536.010, that is created under the authority delegated in 249
1703-this section shall become effective only if it complies with 250
1704-and is subject to all of the provisions of chapter 536 and, 251
1705-if applicable, section 536.028. This section and chapter 252
1706-536 are nonseverable, and if any of the powers vested with 253
1707-the general assembly pursuant to chapter 536 to review, to 254
1708-delay the effective dat e, or to disapprove and annul a rule 255
1709-are subsequently held unconstitutional, then the grant of 256
1710-rulemaking authority and any rule proposed or adopted after 257
1711-the effective date of this section shall be invalid and void. 258
1712- 8. If the attorney general has reason to believe that 259
1713-any online marketplace has violated or is violating this 260
1714-section or a rule or regulation promulgated under this 261
1715-section that affects one or more residents of Missouri, the 262
1716-attorney general may bring a civil action in any appropr iate 263
1717-circuit court to: 264
1718- (1) Enjoin further such violation by the defendant; 265
1719- (2) Enforce compliance with this section or such rule 266
1720-or regulation; 267
1721- (3) Obtain civil penalties in the amount provided for 268
1722-under subsection 6 of this section; 269
1723- (4) Obtain other remedies permitted under state law; 270
1724-and 271
1725- (5) Obtain damages, restitution, or other compensation 272
1726-on behalf of residents of this state. 273
1727- 455.073. 1. By July 1, 1996, the supreme court of the 1
1728-state of Missouri shall: 2
1729- (1) Develop and adopt uniform forms for petitions and 3
1730-orders of protection; and 4
1731- (2) Provide the forms to each circuit clerk. 5
1732- 2. The following statements shall be printed in bold 6
1733-faced type or in capital letters on the order of p rotection: 7 SCS HB 2088, HB 1705, 54
1734- & HCS HB 1699
1735- (1) "Violation of this order may be punished by 8
1736-confinement in jail for as long as five years and by a fine 9
1737-of as much as five thousand dollars"; and 10
1738- (2) "If so ordered by the court, the respondent is 11
1739-forbidden to enter or stay at the petitioner's residence". 12
1740- 3. The form prescribed by the supreme court for the 13
1741-notice of hearing required by subsection 2 of section 14
1742-455.040 shall list all potential relief that can be granted 15
1743-by the court in any proceeding pursuant to sections 455.010 16
1744-to 455.085 as described in section 455.050, and shall advise 17
1745-the respondent that such relief may be granted if the court 18
1746-finds for the petitioner, or if the respondent defaults to 19
1747-the petition. 20
1748- 4. If a full order of protection is granted , all 21
1749-temporary orders shall continue in the full order of 22
1750-protection and shall remain in full force and effect unless 23
1751-otherwise ordered by the court. 24
1752- 5. All orders of protection shall be issued on the 25
1753-form adopted pursuant to subsection 1 of thi s section. 26
1754- 455.075. The court may order a party to pay a 1
1755-reasonable amount to the other party for attorney's fees 2
1756-incurred prior to the commencement of the proceeding [or], 3
1757-throughout the proceeding, and after entry of judgment. The 4
1758-court shall consider all relevant factors, including the 5
1759-financial resources of both parties, and may order that the 6
1760-amount be paid directly to the attorney, who may enforce the 7
1761-order in his name. 8
1762- 455.085. 1. When a law enforcemen t officer has 1
1763-probable cause to believe a party has committed a violation 2
1764-of law amounting to domestic violence, as defined in section 3
1765-455.010, against a family or household member, the officer 4
1766-may arrest the offending party whether or not the violatio n 5 SCS HB 2088, HB 1705, 55
1767- & HCS HB 1699
1768-occurred in the presence of the arresting officer. When the 6
1769-officer declines to make arrest pursuant to this subsection, 7
1770-the officer shall make a written report of the incident 8
1771-completely describing the offending party, giving the 9
1772-victim's name, time, address, reason why no arrest was made 10
1773-and any other pertinent information. Any law enforcement 11
1774-officer subsequently called to the same address within a 12
1775-twelve-hour period, who shall find probable cause to believe 13
1776-the same offender has again commi tted a violation as stated 14
1777-in this subsection against the same or any other family or 15
1778-household member, shall arrest the offending party for this 16
1779-subsequent offense. The primary report of nonarrest in the 17
1780-preceding twelve-hour period may be considered as evidence 18
1781-of the defendant's intent in the violation for which arrest 19
1782-occurred. The refusal of the victim to sign an official 20
1783-complaint against the violator shall not prevent an arrest 21
1784-under this subsection. 22
1785- 2. When a law enforcement officer has probable cause 23
1786-to believe that a party, against whom a protective order has 24
1787-been entered and who has notice of such order entered, has 25
1788-committed an act of abuse in violation of such order, the 26
1789-officer shall arrest the offending party -respondent whether 27
1790-or not the violation occurred in the presence of the 28
1791-arresting officer. Refusal of the victim to sign an 29
1792-official complaint against the violator shall not prevent an 30
1793-arrest under this subsection. 31
1794- 3. When an officer makes an arrest, the offi cer is not 32
1795-required to arrest two parties involved in an assault when 33
1796-both parties claim to have been assaulted. The arresting 34
1797-officer shall attempt to identify and shall arrest the party 35
1798-the officer believes is the primary physical aggressor. The 36
1799-term "primary physical aggressor" is defined as the most 37 SCS HB 2088, HB 1705, 56
1800- & HCS HB 1699
1801-significant, rather than the first, aggressor. The law 38
1802-enforcement officer shall consider any or all of the 39
1803-following in determining the primary physical aggressor: 40
1804- (1) The intent of the law to protect victims from 41
1805-continuing domestic violence; 42
1806- (2) The comparative extent of injuries inflicted or 43
1807-serious threats creating fear of physical injury; 44
1808- (3) The history of domestic violence between the 45
1809-persons involved. 46
1810- No law enforcement officer investigating an incident of 47
1811-domestic violence shall threaten the arrest of all parties 48
1812-for the purpose of discouraging requests or law enforcement 49
1813-intervention by any party. Where complaints are received 50
1814-from two or more opposing par ties, the officer shall 51
1815-evaluate each complaint separately to determine whether the 52
1816-officer should seek a warrant for an arrest. 53
1817- 4. In an arrest in which a law enforcement officer 54
1818-acted in good faith reliance on this section, the arresting 55
1819-and assisting law enforcement officers and their employing 56
1820-entities and superiors shall be immune from liability in any 57
1821-civil action alleging false arrest, false imprisonment or 58
1822-malicious prosecution. 59
1823- 5. When a person against whom an order of protection 60
1824-has been entered fails to surrender custody of minor 61
1825-children to the person to whom custody was awarded in an 62
1826-order of protection, the law enforcement officer shall 63
1827-arrest the respondent, and shall turn the minor children 64
1828-over to the care and custody of the party to whom such care 65
1829-and custody was awarded. 66
1830- 6. The same procedures, including those designed to 67
1831-protect constitutional rights, shall be applied to the 68 SCS HB 2088, HB 1705, 57
1832- & HCS HB 1699
1833-respondent as those applied to any individual detained in 69
1834-police custody. 70
1835- 7. A violation of the terms and conditions, with 71
1836-regard to domestic violence, stalking, sexual assault, child 72
1837-custody, communication initiated by the respondent or 73
1838-entrance upon the premises of the petitioner's dwelling unit 74
1839-or place of employment or sch ool, or being within a certain 75
1840-distance of the petitioner or a child of the petitioner, of 76
1841-an ex parte order of protection of which the respondent has 77
1842-notice, shall be a class A misdemeanor unless the respondent 78
1843-has previously pleaded guilty to or has been found guilty in 79
1844-any division of the circuit court of violating an ex parte 80
1845-order of protection or a full order of protection within 81
1846-five years of the date of the subsequent violation, in which 82
1847-case the subsequent violation shall be a class E felon y. 83
1848-Evidence of prior pleas of guilty or findings of guilt shall 84
1849-be heard by the court out of the presence of the jury prior 85
1850-to submission of the case to the jury. If the court finds 86
1851-the existence of such prior pleas of guilty or finding of 87
1852-guilt beyond a reasonable doubt, the court shall decide the 88
1853-extent or duration of sentence or other disposition and 89
1854-shall not instruct the jury as to the range of punishment or 90
1855-allow the jury to assess and declare the punishment as a 91
1856-part of its verdict. 92
1857- 8. A violation of the terms and conditions, with 93
1858-regard to domestic violence, stalking, sexual assault, child 94
1859-custody, communication initiated by the respondent or 95
1860-entrance upon the premises of the petitioner's dwelling unit 96
1861-or place of employment or s chool, or being within a certain 97
1862-distance of the petitioner or a child of the petitioner, of 98
1863-a full order of protection shall be a class A misdemeanor, 99
1864-unless the respondent has previously pleaded guilty to or 100 SCS HB 2088, HB 1705, 58
1865- & HCS HB 1699
1866-has been found guilty in any division of t he circuit court 101
1867-of violating an ex parte order of protection or a full order 102
1868-of protection within five years of the date of the 103
1869-subsequent violation, in which case the subsequent violation 104
1870-shall be a class E felony. Evidence of prior pleas of 105
1871-guilty or findings of guilt shall be heard by the court out 106
1872-of the presence of the jury prior to submission of the case 107
1873-to the jury. If the court finds the existence of such prior 108
1874-plea of guilty or finding of guilt beyond a reasonable 109
1875-doubt, the court shall decide the extent or duration of the 110
1876-sentence or other disposition and shall not instruct the 111
1877-jury as to the range of punishment or allow the jury to 112
1878-assess and declare the punishment as a part of its verdict. 113
1879-For the purposes of this subsection, in addition to the 114
1880-notice provided by actual service of the order, a party is 115
1881-deemed to have notice of an order of protection if : 116
1882- (1) The law enforcement officer responding to a call 117
1883-of a reported incident of domestic violence, stalking, 118
1884-sexual assault, or violation of an order of protection 119
1885-presented a copy of the order of protection to the 120
1886-respondent; or 121
1887- (2) Notice is given by actual communication to the 122
1888-respondent in a manner reasonably likely to advise the 123
1889-respondent. 124
1890- 9. Good faith attempts to effect a reconciliation of a 125
1891-marriage shall not be deemed tampering with a witness or 126
1892-victim tampering under section 575.270. 127
1893- 10. Nothing in this section shall be interpreted as 128
1894-creating a private cause of action for damages to enfo rce 129
1895-the provisions set forth herein. 130
1896- 491.015. 1. In prosecutions under chapter 566 or 1
1897-prosecutions related to sexual conduct under chapter 568, 2 SCS HB 2088, HB 1705, 59
1898- & HCS HB 1699
1899-opinion and reputation evidence of [the complaining] a 3
1900-victim's or witness' prior sexua l conduct, acts, or 4
1901-practices is inadmissible at any trial, hearing, or court 5
1902-proceeding and not a subject for inquiry during a deposition 6
1903-or discovery; evidence of specific instances of [the 7
1904-complaining] a victim's or witness' prior sexual conduct , 8
1905-acts, or practices or the absence of such instances or 9
1906-conduct is inadmissible at any trial, hearing, or any other 10
1907-court proceeding, and not a subject for inquiry during a 11
1908-deposition or discovery , except where such specific 12
1909-instances are: 13
1910- (1) Evidence of the sexual conduct of [the 14
1911-complaining] a victim or witness with the defendant to prove 15
1912-consent where consent is a defense to the alleged crime and 16
1913-the evidence is reasonably contemporaneous with the date of 17
1914-the alleged crime; or 18
1915- (2) Evidence of specific instances of sexual activity 19
1916-showing alternative source or origin of semen, pregnancy or 20
1917-disease; 21
1918- (3) Evidence of immediate surrounding circumstances of 22
1919-the alleged crime; or 23
1920- (4) Evidence relating to the previous chastity of the 24
1921-complaining witness in cases, where, by statute, previously 25
1922-chaste character is required to be proved by the prosecution. 26
1923- 2. Evidence of the sexual conduct , acts, or practices 27
1924-of [the complaining] a victim or witness offered under this 28
1925-section is admissible to the extent that the court finds the 29
1926-evidence relevant to a material fact or issue. 30
1927- 3. If the defendant proposes to offer evidence of the 31
1928-sexual conduct, acts, or practices of [the complaining] a 32
1929-victim or witness under this sec tion, he or she shall file 33
1930-with the court a written motion accompanied by an offer of 34 SCS HB 2088, HB 1705, 60
1931- & HCS HB 1699
1932-proof or make an offer of proof on the record outside the 35
1933-hearing of the jury. The court shall hold an in camera 36
1934-hearing to determine the sufficiency of the offer of proof 37
1935-and may at that hearing hear evidence if the court deems it 38
1936-necessary to determine the sufficiency of the offer of 39
1937-proof. If the court finds any of the evidence offered 40
1938-admissible under this section the court shall make an order 41
1939-stating the scope of the evidence which may be introduced. 42
1940-Objections to any decision of the court under this section 43
1941-may be made by either the prosecution or the defendant in 44
1942-the manner provided by law. The in camera hearing shall be 45
1943-recorded and the court shall set forth its reasons for its 46
1944-ruling. The record of the in camera hearing shall be sealed 47
1945-for delivery to the parties and to the appellate court in 48
1946-the event of an appeal or other post trial proceeding. 49
1947- 544.170. 1. All persons arrested and confined in any 1
1948-jail or other place of confinement by any peace officer, 2
1949-without warrant or other process, for any alleged breach of 3
1950-the peace or other criminal offense, or on suspicion 4
1951-thereof, shall be discharged from said custody within twe nty- 5
1952-four hours from the time of such arrest, unless they shall 6
1953-be charged with a criminal offense by the oath of some 7
1954-credible person, and be held by warrant to answer to such 8
1955-offense. 9
1956- 2. In any confinement to which the provisions of this 10
1957-section apply, the confinee shall be permitted at any 11
1958-reasonable time to consult with counsel or other persons 12
1959-acting on the confinee's behalf. 13
1960- 3. Any person who violates the provisions of this 14
1961-section, by refusing to release any person who is entitled 15
1962-to release pursuant to this section, or by refusing to 16
1963-permit a confinee to consult with counsel or other persons, 17 SCS HB 2088, HB 1705, 61
1964- & HCS HB 1699
1965-or who transfers any such confinees to the custody or 18
1966-control of another, or to another place, or who falsely 19
1967-charges such person, with intent to avoid the provisions of 20
1968-this section, is guilty of a class A misdemeanor. 21
1969- 4. Notwithstanding the provisions of subsection 1 of 22
1970-this section to the contrary, all persons arrested and 23
1971-confined in any jail or other place of confinement by a ny 24
1972-peace officer, without warrant or other process, for a 25
1973-criminal offense involving a dangerous felony or deadly 26
1974-weapon as defined in section 556.061, or on suspicion 27
1975-thereof, shall be discharged from said custody within forty - 28
1976-eight hours from the ti me of such arrest, unless they shall 29
1977-be charged with a criminal offense by the oath of some 30
1978-credible person, and be held by warrant to answer to such 31
1979-offense. 32
1980- 544.453. Notwithstanding any provision of the law or 1
1981-court rule to the co ntrary, a judge or judicial officer, 2
1982-when setting bail or conditions of release in all courts in 3
1983-Missouri for any offense charged, shall consider, in 4
1984-addition to any factor required by law, whether: 5
1985- (1) A defendant poses a danger to a victim of cr ime, 6
1986-the community, any witness to the crime, or to any other 7
1987-person; 8
1988- (2) A defendant is a flight risk; 9
1989- (3) A defendant has committed a violent misdemeanor 10
1990-offense, sexual offense, or felony offense in this state or 11
1991-any other state in the l ast five years; and 12
1992- (4) A defendant has failed to appear in court as a 13
1993-required condition of probation or parole for a violent 14
1994-misdemeanor or felony within the last three years. 15
1995- 545.473. 1. Notwithstanding Missouri supreme cour t 1
1996-rule 32.03, a defendant with a case filed in a county [with 2 SCS HB 2088, HB 1705, 62
1997- & HCS HB 1699
1998-department of corrections centers with a total average 3
1999-yearly offender population in excess of two thousand 4
2000-persons] having seventy-five thousand or fewer inhabitants 5
2001-shall follow the proce dure listed in subsections 2 to 5 of 6
2002-this section in order to obtain a change of venue for 7
2003-misdemeanors or felonies. 8
2004- 2. Upon written application of the defendant, a change 9
2005-of venue may be ordered in any criminal proceeding for the 10
2006-following reasons: 11
2007- (1) That the inhabitants of the county are prejudiced 12
2008-against the defendant; or 13
2009- (2) That the state has an undue influence over the 14
2010-inhabitants of the county. 15
2011- 3. In felony and misdemeanor cases, the application 16
2012-must be filed not lat er than [thirty] ten days after 17
2013-[arraignment. In misdemeanor cases, the application must be 18
2014-filed not later than ten days before the date set for trial ] 19
2015-the initial plea is entered . 20
2016- 4. A copy of the application and a notice of the time 21
2017-when it will be presented to the court shall be served on 22
2018-all parties. 23
2019- 5. The application shall set forth the reason or 24
2020-reasons for change of venue. It need not be verified and 25
2021-shall be signed by the defendant or his attorney. 26
2022- 6. The state may, within five days after the filing of 27
2023-the application for a change of venue, file a denial of the 28
2024-existence of the reason or reasons alleged in the 29
2025-application. Such denial need not be verified. If a denial 30
2026-is filed, the court shall hear evidence and dete rmine the 31
2027-issues. If the issues are determined in favor of the 32
2028-defendant, or if the truth of the grounds alleged is within 33
2029-the knowledge of the court, or if no denial is filed, a 34 SCS HB 2088, HB 1705, 63
2030- & HCS HB 1699
2031-change of venue shall be ordered to some other county 35
2032-convenient to the parties and where the reason or reasons do 36
2033-not exist. 37
2034- 546.262. A court shall not compel a victim or member 1
2035-of the victim's family testifying in a criminal proceeding 2
2036-for a violation of sections 565.072 to 565.076 to disclose a 3
2037-residential address or place of employment on the record in 4
2038-open court unless the court finds that disclosure of the 5
2039-address or place of employment is necessary. 6
2040- 546.263. 1. A person may testify by video conference 1
2041-at a civil trial invo lving an offense under sections 565.072 2
2042-to 565.076 if the person testifying is the victim of the 3
2043-offense. The circuit and associate circuit court judges for 4
2044-each circuit shall develop local rules and instructions for 5
2045-appearances by video conference pe rmitted under this 6
2046-subsection, which shall be posted on the circuit court's 7
2047-internet website. 8
2048- 2. The circuit and associate circuit court judges for 9
2049-each circuit shall provide, and post on the circuit court's 10
2050-internet website, a telephone number f or the public to call 11
2051-for assistance regarding appearances by video conference. 12
2052- 548.241. 1. All necessary and proper expenses 1
2053-accruing under section 548.221, upon being ascertained to 2
2054-the satisfaction of the governor, shall be allow ed on his 3
2055-certificate and paid out of the state treasury as other 4
2056-demands against the state. 5
2057- 2. All necessary and proper expenses accruing as a 6
2058-result of a person being returned to this state pursuant to 7
2059-the provisions of section 548.243 [or 217.810] shall be 8
2060-allowed and paid out of the state treasury as if the person 9
2061-were being returned to this state pursuant to section 10
2062-548.221. 11 SCS HB 2088, HB 1705, 64
2063- & HCS HB 1699
2064- 3. Any necessary and proper expenses accruing as a 12
2065-result of a person being returned to this state under the 13
2066-provisions of chapter 589 may be paid either out of the 14
2067-Missouri interstate compact fund established in chapter 589 15
2068-or out of the state treasury. 16
2069- 556.036. 1. A prosecution for murder, rape in the 1
2070-first degree, forcible rape, attemp ted rape in the first 2
2071-degree, attempted forcible rape, sodomy in the first degree, 3
2072-forcible sodomy, attempted sodomy in the first degree, 4
2073-attempted forcible sodomy, sexual abuse in the first degree, 5
2074-attempted sexual abuse in the first degree, incest, a nd 6
2075-attempted incest or any class A felony may be commenced at 7
2076-any time. 8
2077- 2. Except as otherwise provided in this section, 9
2078-prosecutions for other offenses must be commenced within the 10
2079-following periods of limitation: 11
2080- (1) For any felony, three years, except as provided in 12
2081-subdivision (4) of this subsection; 13
2082- (2) For any misdemeanor, one year; 14
2083- (3) For any infraction, six months; 15
2084- (4) For any violation of section 569.040, when 16
2085-classified as a class B felony, or any violation of section 17
2086-569.050 or 569.055, five years. 18
2087- 3. If the period prescribed in subsection 2 of this 19
2088-section has expired, a prosecution may nevertheless be 20
2089-commenced for: 21
2090- (1) Any offense a material element of which is either 22
2091-fraud or a breach of fid uciary obligation within one year 23
2092-after discovery of the offense by an aggrieved party or by a 24
2093-person who has a legal duty to represent an aggrieved party 25
2094-and who is himself or herself not a party to the offense, 26
2095-but in no case shall this provision ext end the period of 27 SCS HB 2088, HB 1705, 65
2096- & HCS HB 1699
2097-limitation by more than three years. As used in this 28
2098-subdivision, the term "person who has a legal duty to 29
2099-represent an aggrieved party" shall mean the attorney 30
2100-general or the prosecuting or circuit attorney having 31
2101-jurisdiction pursuant to section 407.553, for purposes of 32
2102-offenses committed pursuant to sections 407.511 to 407.556; 33
2103-and 34
2104- (2) Any offense based upon misconduct in office by a 35
2105-public officer or employee at any time when the person is in 36
2106-public office or employment or within two years thereafter, 37
2107-but in no case shall this provision extend the period of 38
2108-limitation by more than three years; and 39
2109- (3) Any offense based upon an intentional and willful 40
2110-fraudulent claim of child support arrearage to a public 41
2111-servant in the performance of his or her duties within one 42
2112-year after discovery of the offense, but in no case shall 43
2113-this provision extend the period of limitation by more than 44
2114-three years. 45
2115- 4. An offense is committed either when every element 46
2116-occurs, or, if a legislative purpose to prohibit a 47
2117-continuing course of conduct plainly appears, at the time 48
2118-when the course of conduct or the person's complicity 49
2119-therein is terminated. Time starts to run on the day after 50
2120-the offense is committed. 51
2121- 5. A prosecution is commenced for a misdemeanor or 52
2122-infraction when the information is filed and for a felony 53
2123-when the complaint or indictment is filed. 54
2124- 6. The period of limitation does not run: 55
2125- (1) During any time when the accused is absent from 56
2126-the state, but in no case shall this provision extend the 57
2127-period of limitation otherwise applicable by more than three 58
2128-years; 59 SCS HB 2088, HB 1705, 66
2129- & HCS HB 1699
2130- (2) During any time when the accused is concealing 60
2131-himself or herself from justice either within or without 61
2132-this state; 62
2133- (3) During any time when a prosecution against the 63
2134-accused for the offense is pending in this state; 64
2135- (4) During any time when the accused is found to lack 65
2136-mental fitness to proceed pursuant to section 552.020; or 66
2137- (5) During any period of time after which a DNA 67
2138-profile is developed from evidence collected in relation to 68
2139-the commission of a crime and included in a published 69
2140-laboratory report until the date upon which the accused is 70
2141-identified by name based upon a match between that DNA 71
2142-evidence profile and the known DNA profile of the accused. 72
2143-For purposes of this section, the term "DNA profile" means 73
2144-the collective results of the DNA analysis of an evidence 74
2145-sample. 75
2146- 556.046. 1. A person may be convicted of an o ffense 1
2147-included in an offense charged in the indictment or 2
2148-information. An offense is so included when: 3
2149- (1) It is established by proof of the same or less 4
2150-than all the facts required to establish the commission of 5
2151-the offense charged; or 6
2152- (2) It is specifically denominated by statute as a 7
2153-lesser degree of the offense charged; or 8
2154- (3) It consists of an attempt to commit the offense 9
2155-charged or to commit an offense otherwise included therein. 10
2156- 2. The court shall not be obligated to charge the jury 11
2157-with respect to an included offense unless there is a 12
2158-rational basis for a verdict acquitting the person of the 13
2159-offense charged and convicting him or her of the included 14
2160-offense. An offense is charged for purposes of this section 15
2161-if: 16 SCS HB 2088, HB 1705, 67
2162- & HCS HB 1699
2163- (1) It is in an indictment or information; or 17
2164- (2) It is an offense submitted to the jury because 18
2165-there is a rational basis for a verdict acquitting the 19
2166-person of the offense charged and convicting the person of 20
2167-the included offense. 21
2168- 3. The court shall be obligated to instruct the jury 22
2169-with respect to a particular included offense only if the 23
2170-instruction is requested and there is a rational basis in 24
2171-the evidence for acquitting the person of the immediately 25
2172-higher included offense and [there is a basis in the 26
2173-evidence for] convicting the person of that particular 27
2174-included offense. 28
2175- 558.011. 1. The authorized terms of imprisonment, 1
2176-including both prison and conditional release terms, are: 2
2177- (1) For a class A felony, a term of years not less 3
2178-than ten years and not to exceed thirty years, or life 4
2179-imprisonment; 5
2180- (2) For a class B felony, a term of years not less 6
2181-than five years and not to exceed fifteen years; 7
2182- (3) For a class C felony, a term of year s not less 8
2183-than three years and not to exceed ten years; 9
2184- (4) For a class D felony, a term of years not to 10
2185-exceed seven years; 11
2186- (5) For a class E felony, a term of years not to 12
2187-exceed four years; 13
2188- (6) For a class A misdemeanor, a term not to exceed 14
2189-one year; 15
2190- (7) For a class B misdemeanor, a term not to exceed 16
2191-six months; 17
2192- (8) For a class C misdemeanor, a term not to exceed 18
2193-fifteen days. 19 SCS HB 2088, HB 1705, 68
2194- & HCS HB 1699
2195- 2. In cases of class D and E felonies, the court shall 20
2196-have discretion to imprison for a special term not to exceed 21
2197-one year in the county jail or other authorized penal 22
2198-institution, and the place of confinement shall be fixed by 23
2199-the court. If the court imposes a sentence of imprisonment 24
2200-for a term longer than one year upon a person convicted of a 25
2201-class D or E felony, it shall commit the person to the 26
2202-custody of the department of corrections. 27
2203- 3. (1) When a regular sentence of imprisonment for a 28
2204-felony is imposed, the court shall commit the person to the 29
2205-custody of the department of corrections for the term 30
2206-imposed under section 557.036, or until released under 31
2207-procedures established elsewhere by law. 32
2208- (2) A sentence of imprisonment for a misdemeanor shall 33
2209-be for a definite term and the court shall commit the person 34
2210-to the county jail or other authorized penal institution for 35
2211-the term of his or her sentence or until released under 36
2212-procedure established elsewhere by law. 37
2213- 4. (1) Except as otherwise provided, a sentence of 38
2214-imprisonment for a term of years for felonies other than 39
2215-dangerous felonies as defined in section 556.061, and other 40
2216-than sentences of imprisonment which involve the 41
2217-individual's fourth or subsequent remand to the department 42
2218-of corrections shall consist of a prison term and a 43
2219-conditional release term when the offense occurred before 44
2220-August 28, 2022. The conditional release term of any term 45
2221-imposed under section 557.036 shall be: 46
2222- (a) One-third for terms of nine years or less; 47
2223- (b) Three years for terms between nine and fiftee n 48
2224-years; 49
2225- (c) Five years for terms more than fifteen years; and 50
2226-the prison term shall be the remainder of such term. The 51 SCS HB 2088, HB 1705, 69
2227- & HCS HB 1699
2228-prison term may be extended by the parole board pursuant to 52
2229-subsection 5 of this section. 53
2230- (2) "Conditional release" mea ns the conditional 54
2231-discharge of an offender by the parole board, subject to 55
2232-conditions of release that the parole board deems reasonable 56
2233-to assist the offender to lead a law -abiding life, and 57
2234-subject to the supervision under the division of probation 58
2235-and parole. The conditions of release shall include 59
2236-avoidance by the offender of any other offense, federal or 60
2237-state, and other conditions that the parole board in its 61
2238-discretion deems reasonably necessary to assist the releasee 62
2239-in avoiding further vi olation of the law. 63
2240- 5. The date of conditional release from the prison 64
2241-term may be extended up to a maximum of the entire sentence 65
2242-of imprisonment by the parole board. The director of any 66
2243-division of the department of corrections except the 67
2244-division of probation and parole may file with the parole 68
2245-board a petition to extend the conditional release date when 69
2246-an offender fails to follow the rules and regulations of the 70
2247-division or commits an act in violation of such rules. 71
2248-Within ten working d ays of receipt of the petition to extend 72
2249-the conditional release date, the parole board shall convene 73
2250-a hearing on the petition. The offender shall be present 74
2251-and may call witnesses in his or her behalf and cross - 75
2252-examine witnesses appearing against th e offender. The 76
2253-hearing shall be conducted as provided in section 217.670. 77
2254-If the violation occurs in close proximity to the 78
2255-conditional release date, the conditional release may be 79
2256-held for a maximum of fifteen working days to permit 80
2257-necessary time for the division director to file a petition 81
2258-for an extension with the parole board and for the parole 82
2259-board to conduct a hearing, provided some affirmative 83 SCS HB 2088, HB 1705, 70
2260- & HCS HB 1699
2261-manifestation of an intent to extend the conditional release 84
2262-has occurred prior to the conditi onal release date. If at 85
2263-the end of a fifteen -working-day period a parole board 86
2264-decision has not been reached, the offender shall be 87
2265-released conditionally. The decision of the parole board 88
2266-shall be final. 89
2267- 6. For offenses occurring on or after August 28, 2022, 90
2268-a sentence of imprisonment shall consist only of a prison 91
2269-term without eligibility for conditional release. 92
2270- 558.016. 1. The court may sentence a person who has 1
2271-been found guilty of an offense to a term of imprisonme nt as 2
2272-authorized by section 558.011 or to a term of imprisonment 3
2273-authorized by a statute governing the offense if it finds 4
2274-the defendant is a prior offender or a persistent 5
2275-misdemeanor offender. The court may sentence a person to an 6
2276-extended term of imprisonment if: 7
2277- (1) The defendant is a persistent offender or a 8
2278-dangerous offender, and the person is sentenced under 9
2279-subsection 7 of this section; 10
2280- (2) The statute under which the person was found 11
2281-guilty contains a sentencing enhancement pr ovision that is 12
2282-based on a prior finding of guilt or a finding of prior 13
2283-criminal conduct and the person is sentenced according to 14
2284-the statute; or 15
2285- (3) A more specific sentencing enhancement provision 16
2286-applies that is based on a prior finding of gui lt or a 17
2287-finding of prior criminal conduct. 18
2288- 2. A "prior offender" is one who has been found guilty 19
2289-of one felony. 20
2290- 3. A "persistent offender" is one who has been found 21
2291-guilty of two or more felonies committed at different times. 22
2292- 4. A "dangerous offender" is one who: 23 SCS HB 2088, HB 1705, 71
2293- & HCS HB 1699
2294- (1) Is being sentenced for a felony during the 24
2295-commission of which he knowingly murdered or endangered or 25
2296-threatened the life of another person or knowingly inflicted 26
2297-or attempted or threatened to inflict serious phys ical 27
2298-injury on another person; [and] or 28
2299- (2) Has been found guilty of a class A or B felony or 29
2300-a dangerous felony as defined by section 556.061 . 30
2301- 5. A "persistent misdemeanor offender" is one who has 31
2302-been found guilty of two or more offenses, committed at 32
2303-different times that are classified as A or B misdemeanors 33
2304-under the laws of this state. 34
2305- 6. The findings of guilt shall be prior to the date of 35
2306-commission of the present offense. 36
2307- 7. The court shall sentence a person, who has bee n 37
2308-found to be a persistent offender or a dangerous offender, 38
2309-and is found guilty of a class B, C, D, or E felony to the 39
2310-authorized term of imprisonment for the offense that is one 40
2311-class higher than the offense for which the person is found 41
2312-guilty. 42
2313- 558.019. 1. This section shall not be construed to 1
2314-affect the powers of the governor under Article IV, Section 2
2315-7, of the Missouri Constitution. This statute shall not 3
2316-affect those provisions of section 565.020 [,] or section 4
2317-566.125, [or section 571.015,] which set minimum terms of 5
2318-sentences, or the provisions of section 559.115, relating to 6
2319-probation. 7
2320- 2. The provisions of subsections 2 to 5 of this 8
2321-section shall only be applicable to the offenses contained 9
2322-in sections 565.021, 565.023, 565.024, 565.027, 565.050, 10
2323-565.052, 565.054, 565.072, 565.073, 565.074, 565.090, 11
2324-565.110, 565.115, 565.120, 565.153, 565.156, 565.225, 12
2325-565.300, 566.030, 566.031, 566.032, 566.034, 566.060, 13 SCS HB 2088, HB 1705, 72
2326- & HCS HB 1699
2327-566.061, 566.062, 566.064, 566.067, 566.068, 56 6.069, 14
2328-566.071, 566.083, 566.086, 566.100, 566.101, 566.103, 15
2329-566.111, 566.115, 566.145, 566.151, 566.153, 566.203, 16
2330-566.206, 566.209, 566.210, 566.211, 566.215, 568.030, 17
2331-568.045, 568.060, 568.065, 568.175, 569.040, 569.160, 18
2332-570.023, 570.025, 570.030 wh en punished as a class A, B, or 19
2333-C felony, 570.145 when punished as a class A or B felony, 20
2334-570.223 when punished as a class B or C felony, 571.020, 21
2335-571.030, 571.070, 573.023, 573.025, 573.035, 573.037, 22
2336-573.200, 573.205, 574.070, 574.080, 574.115, 575.03 0, 23
2337-575.150, 575.153, 575.155, 575.157, 575.200 when punished as 24
2338-a class A felony, 575.210, 575.230 when punished as a class 25
2339-B felony, 575.240 when punished as a class B felony, 26
2340-576.070, 576.080, 577.010, 577.013, 577.078, 577.703, 27
2341-577.706, 579.065, an d 579.068 when punished as a class A or 28
2342-B felony. For the purposes of this section, "prison 29
2343-commitment" means and is the receipt by the department of 30
2344-corrections of an offender after sentencing. For purposes 31
2345-of this section, prior prison commitments to the department 32
2346-of corrections shall not include an offender's first 33
2347-incarceration prior to release on probation under section 34
2348-217.362 or 559.115. Other provisions of the law to the 35
2349-contrary notwithstanding, any offender who has been found 36
2350-guilty of a felony other than a dangerous felony as defined 37
2351-in section 556.061 and is committed to the department of 38
2352-corrections shall be required to serve the following minimum 39
2353-prison terms: 40
2354- (1) If the offender has one previous prison commitment 41
2355-to the department of corrections for a felony offense, the 42
2356-minimum prison term which the offender must serve shall be 43
2357-forty percent of his or her sentence or until the offender 44 SCS HB 2088, HB 1705, 73
2358- & HCS HB 1699
2359-attains seventy years of age, and has served at least thirty 45
2360-percent of the senten ce imposed, whichever occurs first; 46
2361- (2) If the offender has two previous prison 47
2362-commitments to the department of corrections for felonies 48
2363-unrelated to the present offense, the minimum prison term 49
2364-which the offender must serve shall be fifty percen t of his 50
2365-or her sentence or until the offender attains seventy years 51
2366-of age, and has served at least forty percent of the 52
2367-sentence imposed, whichever occurs first; 53
2368- (3) If the offender has three or more previous prison 54
2369-commitments to the departmen t of corrections for felonies 55
2370-unrelated to the present offense, the minimum prison term 56
2371-which the offender must serve shall be eighty percent of his 57
2372-or her sentence or until the offender attains seventy years 58
2373-of age, and has served at least forty perce nt of the 59
2374-sentence imposed, whichever occurs first. 60
2375- 3. Other provisions of the law to the contrary 61
2376-notwithstanding, any offender who has been found guilty of a 62
2377-dangerous felony as defined in section 556.061 and is 63
2378-committed to the department of c orrections shall be required 64
2379-to serve a minimum prison term of eighty -five percent of the 65
2380-sentence imposed by the court or until the offender attains 66
2381-seventy years of age, and has served at least forty percent 67
2382-of the sentence imposed, whichever occurs first. 68
2383- 4. For the purpose of determining the minimum prison 69
2384-term to be served, the following calculations shall apply: 70
2385- (1) A sentence of life shall be calculated to be 71
2386-thirty years; 72
2387- (2) Any sentence either alone or in the aggregate with 73
2388-other consecutive sentences for offenses committed at or 74
2389-near the same time which is over seventy -five years shall be 75
2390-calculated to be seventy -five years. 76 SCS HB 2088, HB 1705, 74
2391- & HCS HB 1699
2392- 5. For purposes of this section, the term "minimum 77
2393-prison term" shall mean time required t o be served by the 78
2394-offender before he or she is eligible for parole, 79
2395-conditional release or other early release by the department 80
2396-of corrections. 81
2397- 6. An offender who was convicted of, or pled guilty 82
2398-to, a felony offense other than those offenses l isted in 83
2399-subsection 2 of this section prior to August 28, 2019, shall 84
2400-no longer be subject to the minimum prison term provisions 85
2401-under subsection 2 of this section, and shall be eligible 86
2402-for parole, conditional release, or other early release by 87
2403-the department of corrections according to the rules and 88
2404-regulations of the department. 89
2405- 7. (1) A sentencing advisory commission is hereby 90
2406-created to consist of eleven members. One member shall be 91
2407-appointed by the speaker of the house. One member shall be 92
2408-appointed by the president pro tem of the senate. One 93
2409-member shall be the director of the department of 94
2410-corrections. Six members shall be appointed by and serve at 95
2411-the pleasure of the governor from among the following: the 96
2412-public defender commission; private citizens; a private 97
2413-member of the Missouri Bar; the board of probation and 98
2414-parole; and a prosecutor. Two members shall be appointed by 99
2415-the supreme court, one from a metropolitan area and one from 100
2416-a rural area. All members shall be ap pointed to a four-year 101
2417-term. All members of the sentencing commission appointed 102
2418-prior to August 28, 1994, shall continue to serve on the 103
2419-sentencing advisory commission at the pleasure of the 104
2420-governor. 105
2421- (2) The commission shall study sentencing pr actices in 106
2422-the circuit courts throughout the state for the purpose of 107
2423-determining whether and to what extent disparities exist 108 SCS HB 2088, HB 1705, 75
2424- & HCS HB 1699
2425-among the various circuit courts with respect to the length 109
2426-of sentences imposed and the use of probation for offenders 110
2427-convicted of the same or similar offenses and with similar 111
2428-criminal histories. The commission shall also study and 112
2429-examine whether and to what extent sentencing disparity 113
2430-among economic and social classes exists in relation to the 114
2431-sentence of death and if so, the reasons therefor, if 115
2432-sentences are comparable to other states, if the length of 116
2433-the sentence is appropriate, and the rate of rehabilitation 117
2434-based on sentence. It shall compile statistics, examine 118
2435-cases, draw conclusions, and perform other dut ies relevant 119
2436-to the research and investigation of disparities in death 120
2437-penalty sentencing among economic and social classes. 121
2438- (3) The commission shall study alternative sentences, 122
2439-prison work programs, work release, home -based 123
2440-incarceration, proba tion and parole options, and any other 124
2441-programs and report the feasibility of these options in 125
2442-Missouri. 126
2443- (4) The governor shall select a chairperson who shall 127
2444-call meetings of the commission as required or permitted 128
2445-pursuant to the purpose of the sentencing commission. 129
2446- (5) The members of the commission shall not receive 130
2447-compensation for their duties on the commission, but shall 131
2448-be reimbursed for actual and necessary expenses incurred in 132
2449-the performance of these duties and for which they a re not 133
2450-reimbursed by reason of their other paid positions. 134
2451- (6) The circuit and associate circuit courts of this 135
2452-state, the office of the state courts administrator, the 136
2453-department of public safety, and the department of 137
2454-corrections shall cooperat e with the commission by providing 138
2455-information or access to information needed by the 139 SCS HB 2088, HB 1705, 76
2456- & HCS HB 1699
2457-commission. The office of the state courts administrator 140
2458-will provide needed staffing resources. 141
2459- 8. Courts shall retain discretion to lower or exceed 142
2460-the sentence recommended by the commission as otherwise 143
2461-allowable by law, and to order restorative justice methods, 144
2462-when applicable. 145
2463- 9. If the imposition or execution of a sentence is 146
2464-suspended, the court may order any or all of the following 147
2465-restorative justice methods, or any other method that the 148
2466-court finds just or appropriate: 149
2467- (1) Restitution to any victim or a statutorily created 150
2468-fund for costs incurred as a result of the offender's 151
2469-actions; 152
2470- (2) Offender treatment programs; 153
2471- (3) Mandatory community service; 154
2472- (4) Work release programs in local facilities; and 155
2473- (5) Community-based residential and nonresidential 156
2474-programs. 157
2475- 10. Pursuant to subdivision (1) of subsection 9 of 158
2476-this section, the court may order the assessm ent and payment 159
2477-of a designated amount of restitution to a county law 160
2478-enforcement restitution fund established by the county 161
2479-commission pursuant to section 50.565. Such contribution 162
2480-shall not exceed three hundred dollars for any charged 163
2481-offense. Any restitution moneys deposited into the county 164
2482-law enforcement restitution fund pursuant to this section 165
2483-shall only be expended pursuant to the provisions of section 166
2484-50.565. 167
2485- 11. A judge may order payment to a restitution fund 168
2486-only if such fund had been created by ordinance or 169
2487-resolution of a county of the state of Missouri prior to 170
2488-sentencing. A judge shall not have any direct supervisory 171 SCS HB 2088, HB 1705, 77
2489- & HCS HB 1699
2490-authority or administrative control over any fund to which 172
2491-the judge is ordering a person to make payment. 173
2492- 12. A person who fails to make a payment to a county 174
2493-law enforcement restitution fund may not have his or her 175
2494-probation revoked solely for failing to make such payment 176
2495-unless the judge, after evidentiary hearing, makes a finding 177
2496-supported by a preponderance of the evidence that the person 178
2497-either willfully refused to make the payment or that the 179
2498-person willfully, intentionally, and purposefully failed to 180
2499-make sufficient bona fide efforts to acquire the resources 181
2500-to pay. 182
2501- 13. Nothing in this section shall be construed to 183
2502-allow the sentencing advisory commission to issue 184
2503-recommended sentences in specific cases pending in the 185
2504-courts of this state. 186
2505- 558.026. 1. Multiple sentences of imprisonment shall 1
2506-run concurrently unless the court specifies that they shall 2
2507-run consecutively; except in the case of multiple sentences 3
2508-of imprisonment imposed for any offense committed during or 4
2509-at the same time as, or multiple offenses of, the following 5
2510-felonies: 6
2511- (1) Rape in the first degree, forcible rape, or rape; 7
2512- (2) Statutory rape in the first degree; 8
2513- (3) Sodomy in the first degree, forcible sodomy, or 9
2514-sodomy; 10
2515- (4) Statutory sodomy in the first degree; or 11
2516- (5) An attempt to commit any of the felonies l isted in 12
2517-this subsection. In such case, the sentence of imprisonment 13
2518-imposed for any felony listed in this subsection or an 14
2519-attempt to commit any of the aforesaid shall run 15
2520-consecutively to the other sentences. The sentences imposed 16
2521-for any other offense may run concurrently. 17 SCS HB 2088, HB 1705, 78
2522- & HCS HB 1699
2523- 2. If a person who is on probation [,] or parole [or 18
2524-conditional release] is sentenced to a term of imprisonment 19
2525-for an offense committed after the granting of probation or 20
2526-parole [or after the start of his or her conditi onal release 21
2527-term], the court shall direct the manner in which the 22
2528-sentence or sentences imposed by the court shall run with 23
2529-respect to any resulting probation [,] or parole [or 24
2530-conditional release] revocation term or terms. If the 25
2531-subsequent sentence to imprisonment is in another 26
2532-jurisdiction, the court shall specify how any resulting 27
2533-probation[,] or parole [or conditional release ] revocation 28
2534-term or terms shall run with respect to the foreign sentence 29
2535-of imprisonment. 30
2536- 3. A court may cause any sentence it imposes to run 31
2537-concurrently with a sentence an individual is serving or is 32
2538-to serve in another state or in a federal correctional 33
2539-center. If the Missouri sentence is served in another state 34
2540-or in a federal correctional center, subsectio n 4 of section 35
2541-558.011 and section 217.690 shall apply as if the individual 36
2542-were serving his or her sentence within the department of 37
2543-corrections of the state of Missouri, except that a personal 38
2544-hearing before the parole board shall not be required for 39
2545-parole consideration. 40
2546- 558.046. The sentencing court may, upon petition, 1
2547-reduce any term of sentence or probation pronounced by the 2
2548-court [or a term of conditional release ] or parole 3
2549-pronounced by the parole board if the court deter mines that: 4
2550- (1) The convicted person was: 5
2551- (a) Convicted of an offense that did not involve 6
2552-violence or the threat of violence; and 7
2553- (b) Convicted of an offense that involved alcohol or 8
2554-illegal drugs; and 9 SCS HB 2088, HB 1705, 79
2555- & HCS HB 1699
2556- (2) Since the commission of such offense, the 10
2557-convicted person has successfully completed a detoxification 11
2558-and rehabilitation program; and 12
2559- (3) The convicted person is not: 13
2560- (a) A prior offender, a persistent offender, a 14
2561-dangerous offender or a persistent misdemeanor of fender as 15
2562-defined by section 558.016; or 16
2563- (b) A persistent sexual offender as defined in section 17
2564-566.125; or 18
2565- (c) A prior offender, a persistent offender or a class 19
2566-X offender as defined in section 558.019. 20
2567- 559.036. 1. A term of probation commences on the day 1
2568-it is imposed. Multiple terms of Missouri probation, whether 2
2569-imposed at the same time or at different times, shall run 3
2570-concurrently. Terms of probation shall also run 4
2571-concurrently with any federal or other state j ail, prison, 5
2572-probation or parole term for another offense to which the 6
2573-defendant is or becomes subject during the period [, unless 7
2574-otherwise specified by the Missouri court ]. 8
2575- 2. The court may terminate a period of probation and 9
2576-discharge the defendant at any time before completion of the 10
2577-specific term fixed under section 559.016 if warranted by 11
2578-the conduct of the defendant and the ends of justice. The 12
2579-court may extend the term of the probation, but no more than 13
2580-one extension of any probation m ay be ordered except that 14
2581-the court may extend the term of probation by one additional 15
2582-year by order of the court if the defendant admits he or she 16
2583-has violated the conditions of probation or is found by the 17
2584-court to have violated the conditions of his or her 18
2585-probation. Total time on any probation term, including any 19
2586-extension shall not exceed the maximum term established in 20
2587-section 559.016. Total time on any probation term shall not 21 SCS HB 2088, HB 1705, 80
2588- & HCS HB 1699
2589-include time when the probation term is suspended under this 22
2590-section. Procedures for termination, discharge and 23
2591-extension may be established by rule of court. 24
2592- (1) The division of probation and parole shall file a 25
2593-notification of earned discharge from probation with the 26
2594-court for any defendant who has complet ed at least twenty- 27
2595-four months of the probation term and is compliant with the 28
2596-terms of supervision as ordered by the court and division. 29
2597-The division shall not file a notification of earned 30
2598-discharge for any defendant who has not paid ordered 31
2599-restitution in full, is on a term of probation for any class 32
2600-A or class B felony, or is subject to lifetime supervision 33
2601-under sections 217.735 and 559.106. The division shall 34
2602-notify the prosecuting or circuit attorney when a 35
2603-notification of earned discharge is filed. 36
2604- (2) The prosecuting or circuit attorney may request a 37
2605-hearing within thirty days of the filing of the notification 38
2606-of earned discharge from probation. If the state opposes 39
2607-the discharge of the defendant, the prosecuting or circuit 40
2608-attorney shall argue the earned discharge is not appropriate 41
2609-and the defendant should continue to serve the probation 42
2610-term. 43
2611- (3) If a hearing is requested, the court shall hold 44
2612-the hearing and issue its order no later than sixty days 45
2613-after the filing of the notification of earned discharge 46
2614-from probation. If, after a hearing, the court finds by a 47
2615-preponderance of the evidence that the earned discharge is 48
2616-not appropriate, the court shall order the probation term to 49
2617-continue, may modify the conditi ons of probation as 50
2618-appropriate, and may order the continued supervision of the 51
2619-defendant by either the division of probation and parole or 52
2620-the court. If, after a hearing, the court finds that the 53 SCS HB 2088, HB 1705, 81
2621- & HCS HB 1699
2622-earned discharge is appropriate, the court shall order the 54
2623-defendant discharged from probation. 55
2624- (4) If the prosecuting or circuit attorney does not 56
2625-request a hearing, the court shall order the defendant 57
2626-discharged from probation within sixty days of the filing of 58
2627-the notification of earned discharge from probation but no 59
2628-earlier than thirty days from the filing of notification of 60
2629-earned discharge from probation. 61
2630- 3. If the defendant violates a condition of probation 62
2631-at any time prior to the expiration or termination of the 63
2632-probation term, the court may continue him or her on the 64
2633-existing conditions, with or without modifying or enlarging 65
2634-the conditions or extending the term. 66
2635- 4. (1) Unless the defendant consents to the 67
2636-revocation of probation, if a continuation, modification, 68
2637-enlargement or extension is not appropriate under this 69
2638-section, the court shall order placement of the offender in 70
2639-[one of the] a department of corrections' one hundred twenty - 71
2640-day [programs] program so long as: 72
2641- (a) The underlying offense for the probati on is a 73
2642-class D or E felony or an offense listed in chapter 579 or 74
2643-an offense previously listed in chapter 195; except that, 75
2644-the court may, upon its own motion or a motion of the 76
2645-prosecuting or circuit attorney, make a finding that an 77
2646-offender is not eligible if the underlying offense is 78
2647-involuntary manslaughter in the second degree, stalking in 79
2648-the first degree, assault in the second degree, sexual 80
2649-assault, rape in the second degree, domestic assault in the 81
2650-second degree, assault in the third degr ee when the victim 82
2651-is a special victim, statutory rape in the second degree, 83
2652-statutory sodomy in the second degree, deviate sexual 84
2653-assault, sodomy in the second degree, sexual misconduct 85 SCS HB 2088, HB 1705, 82
2654- & HCS HB 1699
2655-involving a child, incest, endangering the welfare of a 86
2656-child in the first degree under subdivision (1) or (2) of 87
2657-subsection 1 of section 568.045, abuse of a child, invasion 88
2658-of privacy, any case in which the defendant is found guilty 89
2659-of a felony offense under chapter 571, or an offense of 90
2660-aggravated stalking or ass ault of a law enforcement officer 91
2661-in the second degree as such offenses existed prior to 92
2662-January 1, 2017; 93
2663- (b) The probation violation is not the result of the 94
2664-defendant being an absconder or being found guilty of, 95
2665-pleading guilty to, or being arr ested on suspicion of any 96
2666-felony, misdemeanor, or infraction. For purposes of this 97
2667-subsection, "absconder" shall mean an offender under 98
2668-supervision who has left such offender's place of residency 99
2669-without the permission of the offender's supervising of ficer 100
2670-for the purpose of avoiding supervision; 101
2671- (c) The defendant has not violated any conditions of 102
2672-probation involving the possession or use of weapons, or a 103
2673-stay-away condition prohibiting the defendant from 104
2674-contacting a certain individual; and 105
2675- (d) The defendant has not already been placed in one 106
2676-of the programs by the court for the same underlying offense 107
2677-or during the same probation term. 108
2678- (2) Upon receiving the order, the department of 109
2679-corrections shall conduct an assessment of the offender and 110
2680-place such offender in either the [appropriate] one hundred 111
2681-twenty-day structured cognitive behavioral intervention 112
2682-program [under subsection 3 of section 559.115 ] or the one 113
2683-hundred twenty-day institutional treatment program. The 114
2684-placement of the offender in the structured cognitive 115
2685-behavioral intervention program or institutional treatment 116
2686-program shall be at the sole discretion of the department 117 SCS HB 2088, HB 1705, 83
2687- & HCS HB 1699
2688-based on the assessment of the offender. The program shall 118
2689-begin upon receipt of t he offender by the department. The 119
2690-time between the court's order and receipt of the offender 120
2691-by the department shall not apply toward the program . 121
2692- (3) [Notwithstanding any of the provisions of 122
2693-subsection 3 of section 559.115 to the contrary, onc e the 123
2694-defendant has successfully completed the program under this 124
2695-subsection, the court shall release the defendant to 125
2696-continue to serve the term of probation, which shall not be 126
2697-modified, enlarged, or extended based on the same incident 127
2698-of violation.] Upon successful completion of a program under 128
2699-this subsection, as determined by the department, the 129
2700-division of probation and parole shall advise the sentencing 130
2701-court of the defendant's probationary release date thirty 131
2702-days prior to release. Once the defendant has successfully 132
2703-completed a program under this subsection, the court shall 133
2704-release the defendant to continue to serve the term of 134
2705-probation, which shall not be modified, enlarged, or 135
2706-extended based on the same incident of violation. 136
2707- (4) If the department determines the defendant has not 137
2708-successfully completed a one hundred twenty -day program 138
2709-under this section, the division of probation and parole 139
2710-shall advise the prosecuting attorney and the sentencing 140
2711-court of the defendant's unsuccessful program exit and the 141
2712-defendant shall be removed from the program. The defendant 142
2713-shall be released from the department within fifteen working 143
2714-days after the court is notified of the unsuccessful program 144
2715-exit, unless the court has issued a warrant in response to 145
2716-the unsuccessful program exit to facilitate the return of 146
2717-the defendant to the county of jurisdiction for further 147
2718-court proceedings. If a defendant is discharged as 148
2719-unsuccessful from a one hundred twenty -day program, the 149 SCS HB 2088, HB 1705, 84
2720- & HCS HB 1699
2721-sentencing court may modify, enlarge, or revoke the 150
2722-defendant's probation based on the same incident of the 151
2723-violation. 152
2724- (5) Time served in the program shall be credited as 153
2725-time served on any sentence imposed for the underlying 154
2726-offense. 155
2727- 5. If the defendant consents to the revocation of 156
2728-probation or if the defendant is not eligible under 157
2729-subsection 4 of this section for placement in a program and 158
2730-a continuation, modification, enlargement, or extension of 159
2731-the term under this section is not appropr iate, the court 160
2732-may revoke probation and order that any sentence previously 161
2733-imposed be executed. If imposition of sentence was 162
2734-suspended, the court may revoke probation and impose any 163
2735-sentence available under section 557.011. The court may 164
2736-mitigate any sentence of imprisonment by reducing the prison 165
2737-or jail term by all or part of the time the defendant was on 166
2738-probation. The court may, upon revocation of probation, 167
2739-place an offender on a second term of probation. Such 168
2740-probation shall be for a te rm of probation as provided by 169
2741-section 559.016, notwithstanding any amount of time served 170
2742-by the offender on the first term of probation. 171
2743- 6. Probation shall not be revoked without giving the 172
2744-probationer notice and an opportunity to be heard on the 173
2745-issues of whether such probationer violated a condition of 174
2746-probation and, if a condition was violated, whether 175
2747-revocation is warranted under all the circumstances. Not 176
2748-less than five business days prior to the date set for a 177
2749-hearing on the violation , except for a good cause shown, the 178
2750-judge shall inform the probationer that he or she may have 179
2751-the right to request the appointment of counsel if the 180
2752-probationer is unable to retain counsel. If the probationer 181 SCS HB 2088, HB 1705, 85
2753- & HCS HB 1699
2754-requests counsel, the judge shall determ ine whether counsel 182
2755-is necessary to protect the probationer's due process 183
2756-rights. If the judge determines that counsel is not 184
2757-necessary, the judge shall state the grounds for the 185
2758-decision in the record. 186
2759- 7. The prosecuting or circuit attorney may file a 187
2760-motion to revoke probation or at any time during the term of 188
2761-probation, the court may issue a notice to the probationer 189
2762-to appear to answer a charge of a violation, and the court 190
2763-may issue a warrant of arrest for the violation. Such 191
2764-notice shall be personally served upon the probationer. The 192
2765-warrant shall authorize the return of the probationer to the 193
2766-custody of the court or to any suitable detention facility 194
2767-designated by the court. Upon the filing of the 195
2768-prosecutor's or circuit attorne y's motion or on the court's 196
2769-own motion, the court may immediately enter an order 197
2770-suspending the period of probation and may order a warrant 198
2771-for the defendant's arrest. The probation shall remain 199
2772-suspended until the court rules on the prosecutor's or 200
2773-circuit attorney's motion, or until the court otherwise 201
2774-orders the probation reinstated. Notwithstanding any other 202
2775-provisions of the law to the contrary, the probation term 203
2776-shall be tolled during the time period when the probation is 204
2777-suspended under this section. The court may grant the 205
2778-probationer credit on the probation term for any of the 206
2779-tolled period when reinstating the probation term. 207
2780- 8. The power of the court to revoke probation shall 208
2781-extend for the duration of the term of probation designated 209
2782-by the court and for any further period which is reasonably 210
2783-necessary for the adjudication of matters arising before its 211
2784-expiration, provided that some affirmative manifestation of 212
2785-an intent to conduct a revocation hearing occurs prior to 213 SCS HB 2088, HB 1705, 86
2786- & HCS HB 1699
2787-the expiration of the period and that every reasonable 214
2788-effort is made to notify the probationer and to conduct the 215
2789-hearing prior to the expiration of the period. If the delay 216
2790-of the hearing is attributable to the probationer's actions 217
2791-or the probationer otherwise consents or acquiesces to the 218
2792-delay, the court shall have been found to have made every 219
2793-reasonable effort to conduct the hearing within the 220
2794-probation term. 221
2795- 9. A defendant who was sentenced prior to January 1, 222
2796-2017 to an offense that w as eligible at the time of 223
2797-sentencing under paragraph (a) of subdivision (1) of 224
2798-subsection 4 of this section for the court ordered detention 225
2799-sanction shall continue to remain eligible for the sanction 226
2800-so long as the defendant meets all the other requir ements 227
2801-provided under subsection 4 of this section. 228
2802- 559.115. 1. Neither probation nor parole shall be 1
2803-granted by the circuit court between the time the transcript 2
2804-on appeal from the offender's conviction has been filed in 3
2805-appellate court and the disposition of the appeal by such 4
2806-court. 5
2807- 2. Unless otherwise prohibited by subsection 8 of this 6
2808-section, a circuit court only upon its own motion and not 7
2809-that of the state or the offender shall have the power to 8
2810-grant probation to an offender anytime up to one hundred 9
2811-twenty days after such offender has been delivered to the 10
2812-department of corrections but not thereafter. The court may 11
2813-request information and a recommendation from the department 12
2814-concerning the offender and such o ffender's behavior during 13
2815-the period of incarceration. Except as provided in this 14
2816-section, the court may place the offender on probation in a 15
2817-program created pursuant to section 217.777, or may place 16 SCS HB 2088, HB 1705, 87
2818- & HCS HB 1699
2819-the offender on probation with any other conditions 17
2820-authorized by law. 18
2821- 3. The court may recommend placement of an offender in 19
2822-a department of corrections one hundred twenty -day program 20
2823-under this subsection [or order such placement under 21
2824-subsection 4 of section 559.036 ]. [Upon the recommendation 22
2825-or order of the court, ] The department of corrections shall 23
2826-assess each offender to determine the appropriate one 24
2827-hundred twenty-day program in which to place the offender, 25
2828-which may include placement in the [shock incarceration] 26
2829-structured cognitive behavioral intervention program or 27
2830-institutional treatment program. The placement of an 28
2831-offender in the structured cognitive behavioral intervention 29
2832-program or institutional treatment program shall be at the 30
2833-sole discretion of the department based on the assessment of 31
2834-the offender and available bed space. When the court 32
2835-recommends and receives placement of an offender in a 33
2836-department of corrections one hundred twenty -day program, 34
2837-the offender shall be released on probation if the 35
2838-department of corrections determines that the offender has 36
2839-successfully completed the program except as follows. Upon 37
2840-successful completion of a program under this subsection, 38
2841-the division of probation and parole shall advise the 39
2842-sentencing court of an offender's pr obationary release date 40
2843-thirty days prior to release. The court shall follow the 41
2844-recommendation of the department unless the court determines 42
2845-that probation is not appropriate. If the court determines 43
2846-that probation is not appropriate, the court may order the 44
2847-execution of the offender's sentence only after conducting a 45
2848-hearing on the matter within ninety to one hundred twenty 46
2849-days from the date the offender was delivered to the 47
2850-department of corrections. If the department determines the 48 SCS HB 2088, HB 1705, 88
2851- & HCS HB 1699
2852-offender has not successfully completed a one hundred twenty - 49
2853-day program under this subsection, the [offender shall be 50
2854-removed from the program and the court shall be advised of 51
2855-the removal.] division of probation and parole shall advise 52
2856-the prosecuting attorn ey and the sentencing court of the 53
2857-defendant's unsuccessful program exit and the defendant 54
2858-shall be removed from the program. The department shall 55
2859-report on the offender's participation in the program and 56
2860-may provide recommendations for terms and cond itions of an 57
2861-offender's probation. The court shall then have the power 58
2862-to grant probation or order the execution of the offender's 59
2863-sentence. 60
2864- 4. If the court is advised that an offender is not 61
2865-eligible for placement in a one hundred twenty -day program 62
2866-under subsection 3 of this section, the court shall consider 63
2867-other authorized dispositions. If the department of 64
2868-corrections one hundred twenty -day program under subsection 65
2869-3 of this section is full, the court may place the offender 66
2870-in a private program approved by the department of 67
2871-corrections or the court, the expenses of such program to be 68
2872-paid by the offender, or in an available program offered by 69
2873-another organization. If the offender is convicted of a 70
2874-class C, class D, or class E nonvi olent felony, the court 71
2875-may order probation while awaiting appointment to treatment. 72
2876- 5. Except when the offender has been found to be a 73
2877-predatory sexual offender pursuant to section 566.125, the 74
2878-court shall request the department of corrections to conduct 75
2879-a sexual offender assessment if the defendant has been found 76
2880-guilty of sexual abuse when classified as a class B felony. 77
2881-Upon completion of the assessment, the department shall 78
2882-provide to the court a report on the offender and may 79
2883-provide recommendations for terms and conditions of an 80 SCS HB 2088, HB 1705, 89
2884- & HCS HB 1699
2885-offender's probation. The assessment shall not be 81
2886-considered a one hundred twenty -day program as provided 82
2887-under subsection 3 of this section. The process for 83
2888-granting probation to an offender who has compl eted the 84
2889-assessment shall be as provided under subsections 2 and 6 of 85
2890-this section. 86
2891- 6. Unless the offender is being granted probation 87
2892-pursuant to successful completion of a one hundred twenty - 88
2893-day program the circuit court shall notify the state i n 89
2894-writing when the court intends to grant probation to the 90
2895-offender pursuant to the provisions of this section. The 91
2896-state may, in writing, request a hearing within ten days of 92
2897-receipt of the court's notification that the court intends 93
2898-to grant probation. Upon the state's request for a hearing, 94
2899-the court shall grant a hearing as soon as reasonably 95
2900-possible. If the state does not respond to the court's 96
2901-notice in writing within ten days, the court may proceed 97
2902-upon its own motion to grant probation. 98
2903- 7. An offender's first incarceration under this 99
2904-section prior to release on probation shall not be 100
2905-considered a previous prison commitment for the purpose of 101
2906-determining a minimum prison term under the provisions of 102
2907-section 558.019. 103
2908- 8. Notwithstanding any other provision of law, 104
2909-probation may not be granted pursuant to this section to 105
2910-offenders who have been convicted of murder in the second 106
2911-degree pursuant to section 565.021; forcible rape pursuant 107
2912-to section 566.030 as it existed prio r to August 28, 2013; 108
2913-rape in the first degree under section 566.030; forcible 109
2914-sodomy pursuant to section 566.060 as it existed prior to 110
2915-August 28, 2013; sodomy in the first degree under section 111
2916-566.060; statutory rape in the first degree pursuant to 112 SCS HB 2088, HB 1705, 90
2917- & HCS HB 1699
2918-section 566.032; statutory sodomy in the first degree 113
2919-pursuant to section 566.062; child molestation in the first 114
2920-degree pursuant to section 566.067 when classified as a 115
2921-class A felony; abuse of a child pursuant to section 568.060 116
2922-when classified as a class A felony; or an offender who has 117
2923-been found to be a predatory sexual offender pursuant to 118
2924-section 566.125; any offense under section 557.045; or any 119
2925-offense in which there exists a statutory prohibition 120
2926-against either probation or parole. 121
2927- 565.184. 1. A person commits the offense of abuse of 1
2928-an elderly person, a person with a disability, or a 2
2929-vulnerable person if he or she: 3
2930- (1) Purposely engages in conduct involving more than 4
2931-one incident that causes emotional distress to an elderly 5
2932-person, a person with a disability, or a vulnerable person. 6
2933-The course of conduct shall be such as would cause a 7
2934-reasonable elderly person, person with a disability, or 8
2935-vulnerable person to suffer substantial emotional distress; 9
2936-or 10
2937- (2) Intentionally fails to provide care, goods or 11
2938-services to an elderly person, a person with a disability, 12
2939-or a vulnerable person. The result of the conduct shall be 13
2940-such as would cause a reasonable elderly person, person with 14
2941-a disability, or vulnerable person to suffer physical or 15
2942-emotional distress; or 16
2943- (3) Knowingly acts or knowingly fails to act in a 17
2944-manner which results in a substantial risk to the life, body 18
2945-or health of an elderly person, a person with a disability, 19
2946-or a vulnerable person. 20
2947- 2. The offense of abuse of an elderly person, a person 21
2948-with a disability, or a vulnerable person is a class [A 22
2949-misdemeanor] D felony. Nothing in this section shall be 23 SCS HB 2088, HB 1705, 91
2950- & HCS HB 1699
2951-construed to mean that an elderly person, a person with a 24
2952-disability, or a vulnerable person is abused solely because 25
2953-such person chooses to rely on spiritual means through 26
2954-prayer, in lieu of medical care, for his or her health care, 27
2955-as evidence by such person's explicit consent, advance 28
2956-directive for health ca re, or practice. 29
2957- 566.010. As used in this chapter and chapter 568, the 1
2958-following terms mean: 2
2959- (1) "Aggravated sexual offense", any sexual offense, 3
2960-in the course of which, the actor: 4
2961- (a) Inflicts serious physical injury on t he victim; 5
2962- (b) Displays a deadly weapon or dangerous instrument 6
2963-in a threatening manner; 7
2964- (c) Subjects the victim to sexual intercourse or 8
2965-deviate sexual intercourse with more than one person; 9
2966- (d) Had previously been found guilty of an o ffense 10
2967-under this chapter or under section 573.200, child used in 11
2968-sexual performance; section 573.205, promoting sexual 12
2969-performance by a child; section 573.023, sexual exploitation 13
2970-of a minor; section 573.025, promoting child pornography in 14
2971-the first degree; section 573.035, promoting child 15
2972-pornography in the second degree; section 573.037, 16
2973-possession of child pornography; or section 573.040, 17
2974-furnishing pornographic materials to minors; or has 18
2975-previously been found guilty of an offense in another 19
2976-jurisdiction which would constitute an offense under this 20
2977-chapter or said sections; 21
2978- (e) Commits the offense as part of an act or series of 22
2979-acts performed by two or more persons as part of an 23
2980-established or prescribed pattern of activity; or 24 SCS HB 2088, HB 1705, 92
2981- & HCS HB 1699
2982- (f) Engages in the act that constitutes the offense 25
2983-with a person the actor knows to be, without regard to 26
2984-legitimacy, the actor's: 27
2985- a. Ancestor or descendant by blood or adoption; 28
2986- b. Stepchild while the marriage creating that 29
2987-relationship exists; 30
2988- c. Brother or sister of the whole or half blood; or 31
2989- d. Uncle, aunt, nephew, or niece of the whole blood; 32
2990- (2) "Commercial sex act", any sex act on account of 33
2991-which anything of value is given to or received by any 34
2992-person; 35
2993- (3) "Deviate sexual intercourse", any act involving 36
2994-the genitals of one person and the hand, mouth, tongue, or 37
2995-anus of another person or a sexual act involving the 38
2996-penetration, however slight, of the penis, female genitalia, 39
2997-or the anus by a finger, instru ment or object done for the 40
2998-purpose of arousing or gratifying the sexual desire of any 41
2999-person or for the purpose of terrorizing the victim; 42
3000- (4) "Forced labor", a condition of servitude induced 43
3001-by means of: 44
3002- (a) Any scheme, plan, or pattern of behavior intended 45
3003-to cause a person to believe that, if the person does not 46
3004-enter into or continue the servitude, such person or another 47
3005-person will suffer substantial bodily harm or physical 48
3006-restraint; or 49
3007- (b) The abuse or threatened abuse of th e legal process; 50
3008- (5) "Sexual conduct", sexual intercourse, deviate 51
3009-sexual intercourse or sexual contact; 52
3010- (6) "Sexual contact", any touching of another person 53
3011-with the genitals or any touching of the genitals or anus of 54
3012-another person, or the breast of a female person, or such 55
3013-touching through the clothing, or causing semen, seminal 56 SCS HB 2088, HB 1705, 93
3014- & HCS HB 1699
3015-fluid, or other ejaculate to come into contact with another 57
3016-person, for the purpose of arousing or gratifying the sexual 58
3017-desire of any person or for the purpos e of terrorizing the 59
3018-victim; 60
3019- (7) "Sexual intercourse", any penetration, however 61
3020-slight, of the female genitalia by the penis. 62
3021- 566.086. 1. A person commits the offense of sexual 1
3022-contact with a student if he or she has sexual co ntact with 2
3023-a student of the school and is: 3
3024- (1) A teacher, as that term is defined in subdivisions 4
3025-(4), (5), and (7) of section 168.104; 5
3026- (2) A student teacher; [or] 6
3027- (3) An employee of the school; [or] 7
3028- (4) A volunteer of the school or of an organization 8
3029-working with the school on a project or program who is not a 9
3030-student at the school; [or] 10
3031- (5) An elected or appointed official of the school 11
3032-district; [or] 12
3033- (6) A person employed by an entity that contracts with 13
3034-the school or school district to provide services ; or 14
3035- (7) A coach, assistant coach, director, or other adult 15
3036-with a school-aged team, club, or ensemble, regardless of 16
3037-whether such team, club, or ensemble is connected to a 17
3038-school or scholastic association. For purposes of this 18
3039-subdivision, "school -aged team, club, or ensemble" means any 19
3040-group consisting of any child or children under the age of 20
3041-eighteen organized for individual or group competition for 21
3042-the performance of sports activities or any group organized 22
3043-for individual or group presentation for fine or performing 23
3044-arts. 24
3045- 2. For the purposes of this section, "school" shall 25
3046-mean any public or private school in this state serving 26 SCS HB 2088, HB 1705, 94
3047- & HCS HB 1699
3048-kindergarten through grade twelve or any school bus used by 27
3049-the school district. 28
3050- 3. The offense of sexual contact with a student is a 29
3051-class E felony. 30
3052- 4. It is not a defense to prosecution for a violation 31
3053-of this section that the student consented to the sexual 32
3054-contact. 33
3055- 566.149. 1. Any person who has been found guilty of: 1
3056- (1) Violating any of the provisions of this chapter or 2
3057-the provisions of section 568.020, incest; section 568.045, 3
3058-endangering the welfare of a child in the first degree; 4
3059-subsection 2 of section 568.080 as it existed prior to 5
3060-January 1, 2017, or section 573.200, use of a child in a 6
3061-sexual performance; section 568.090 as it existed prior to 7
3062-January 1, 2017, or section 573.205, promoting a sexual 8
3063-performance by a child; section 573.023, sexual exploitatio n 9
3064-of a minor; section 573.037, possession of child 10
3065-pornography; section 573.025, promoting child pornography; 11
3066-or section 573.040, furnishing pornographic material to 12
3067-minors; or 13
3068- (2) Any offense in any other jurisdiction which, if 14
3069-committed in this state, would be a violation listed in this 15
3070-section; 16
3071-shall not be present in or loiter within five hundred feet 17
3072-of any school building, on real property comprising any 18
3073-school, or in any conveyance owned, leased, or contracted by 19
3074-a school to transport students to or from school or a school - 20
3075-related activity when persons under the age of eighteen are 21
3076-present in the building, on the grounds, or in the 22
3077-conveyance, unless the offender is a parent, legal guardian, 23 SCS HB 2088, HB 1705, 95
3078- & HCS HB 1699
3079-or custodian of a student present in the building and has 24
3080-met the conditions set forth in subsection 2 of this section. 25
3081- 2. No parent, legal guardian, or custodian who has 26
3082-been found guilty of violating any of the offenses listed in 27
3083-subsection 1 of this section shall be present in any sc hool 28
3084-building, on real property comprising any school, or in any 29
3085-conveyance owned, leased, or contracted by a school to 30
3086-transport students to or from school or a school -related 31
3087-activity when persons under the age of eighteen are present 32
3088-in the building, on the grounds or in the conveyance unless 33
3089-the parent, legal guardian, or custodian has permission to 34
3090-be present from the superintendent or school board or in the 35
3091-case of a private school from the principal. In the case of 36
3092-a public school, if permi ssion is granted, the 37
3093-superintendent or school board president must inform the 38
3094-principal of the school where the sex offender will be 39
3095-present. Permission may be granted by the superintendent, 40
3096-school board, or in the case of a private school from the 41
3097-principal for more than one event at a time, such as a 42
3098-series of events, however, the parent, legal guardian, or 43
3099-custodian must obtain permission for any other event he or 44
3100-she wishes to attend for which he or she has not yet had 45
3101-permission granted. 46
3102- 3. Regardless of the person's knowledge of his or her 47
3103-proximity to school property or a school -related activity, 48
3104-violation of the provisions of this section is a class A 49
3105-misdemeanor. 50
3106- 566.150. 1. Any person who has been found guil ty of: 1
3107- (1) Violating any of the provisions of this chapter or 2
3108-the provisions of section 568.020, incest; section 568.045, 3
3109-endangering the welfare of a child in the first degree; 4
3110-section 573.200, use of a child in a sexual performance; 5 SCS HB 2088, HB 1705, 96
3111- & HCS HB 1699
3112-section 573.205, promoting a sexual performance by a child; 6
3113-section 573.023, sexual exploitation of a minor; section 7
3114-573.025, promoting child pornography; section 573.037, 8
3115-possession of child pornography; or section 573.040, 9
3116-furnishing pornographic material to mi nors; or 10
3117- (2) Any offense in any other jurisdiction which, if 11
3118-committed in this state, would be a violation listed in this 12
3119-section; 13
3120-shall not knowingly be present in or loiter within five 14
3121-hundred feet of any real property comprising any public park 15
3122-with playground equipment, a public swimming pool, athletic 16
3123-complex or athletic fields if such facilities exist for the 17
3124-primary use of recreation for children, any museum if such 18
3125-museum holds itself out to the public as and exists with the 19
3126-primary purpose of entertaining or educating children under 20
3127-eighteen years of age, or Missouri department of 21
3128-conservation nature or education center properties. 22
3129- 2. The first violation of the provisions of this 23
3130-section is a class E felony. 24
3131- 3. A second or subsequent violation of this section is 25
3132-a class D felony. 26
3133- 4. Any person who has been found guilty of an offense 27
3134-under subdivision (1) or (2) of subsection 1 of this section 28
3135-who is the parent, legal guardian, or custodian of a child 29
3136-under the age of eighteen attending a program on the 30
3137-property of a nature or education center of the Missouri 31
3138-department of conservation may receive permission from the 32
3139-nature or education center manager to be present on the 33
3140-property with the child during the pro gram. 34
3141- 566.151. 1. A person twenty-one years of age or older 1
3142-commits the offense of enticement of a child if he or she 2 SCS HB 2088, HB 1705, 97
3143- & HCS HB 1699
3144-persuades, solicits, coaxes, entices, or lures whether by 3
3145-words, actions or through communication via the internet or 4
3146-any electronic communication, any person who is less than 5
3147-[fifteen] seventeen years of age for the purpose of engaging 6
3148-in sexual conduct. 7
3149- 2. It is not a defense to a prosecution for a 8
3150-violation of this section that the other person was a peac e 9
3151-officer masquerading as a minor. 10
3152- 3. Enticement of a child or an attempt to commit 11
3153-enticement of a child is a felony for which the authorized 12
3154-term of imprisonment shall be not less than five years and 13
3155-not more than thirty years. No person convicted under this 14
3156-section shall be eligible for parole, probation, conditional 15
3157-release, or suspended imposition or execution of sentence 16
3158-for a period of five calendar years. 17
3159- 566.155. 1. Any person who has been found guilty of: 1
3160- (1) Violating any of the provisions of this chapter or 2
3161-the provisions of section 568.020, incest; section 568.045, 3
3162-endangering the welfare of a child in the first degree; 4
3163-section 573.200, use of a child in a sexual performance; 5
3164-section 573.205, promotin g a sexual performance by a child; 6
3165-section 573.023, sexual exploitation of a minor; section 7
3166-573.037, possession of child pornography; section 573.025, 8
3167-promoting child pornography; or section 573.040, furnishing 9
3168-pornographic material to minors; [or] 10
3169- (2) Any offense in any other jurisdiction which, if 11
3170-committed in this state, would be a violation listed in this 12
3171-section; or 13
3172- (3) Any tier III offense listed under section 589.414; 14
3173-shall not serve as an athletic coach, manager, or athletic 15
3174-trainer for any sports team in which a child less than 16 SCS HB 2088, HB 1705, 98
3175- & HCS HB 1699
3176-[seventeen] eighteen years of age is a member or shall not 17
3177-supervise or employ any child under eighteen years of age . 18
3178- 2. The first violation of the provisions of this 19
3179-section is a class E felony. 20
3180- 3. A second or subsequent violation of this section is 21
3181-a class D felony. 22
3182- 567.030. 1. A person commits the offense of 1
3183-patronizing prostitution if he or she: 2
3184- (1) Pursuant to a prior understanding, gives something 3
3185-of value to another person as compensation for having 4
3186-engaged in sexual conduct with any person; or 5
3187- (2) Gives or agrees to give something of value to 6
3188-another person with the understanding that such person or 7
3189-another person will engage in sexual conduct wit h any 8
3190-person; or 9
3191- (3) Solicits or requests another person to engage in 10
3192-sexual conduct with any person in return for something of 11
3193-value. 12
3194- 2. It shall not be a defense that the person believed 13
3195-that the individual he or she patronized for prosti tution 14
3196-was eighteen years of age or older. 15
3197- 3. The offense of patronizing prostitution is a class 16
3198-B misdemeanor, unless the individual who the person 17
3199-patronizes is less than eighteen years of age but older than 18
3200-[fourteen] fifteen years of age, in which case patronizing 19
3201-prostitution is a class E felony. 20
3202- 4. The offense of patronizing prostitution is a class 21
3203-[D] B felony if the individual who the person patronizes is 22
3204-[fourteen] fifteen years of age or younger. Nothing in this 23
3205-section shall preclude the prosecution of an individual for 24
3206-the offenses of: 25 SCS HB 2088, HB 1705, 99
3207- & HCS HB 1699
3208- (1) Statutory rape in the first degree pursuant to 26
3209-section 566.032; 27
3210- (2) Statutory rape in the second degree pursuant to 28
3211-section 566.034; 29
3212- (3) Statutory sodomy in the first d egree pursuant to 30
3213-section 566.062; or 31
3214- (4) Statutory sodomy in the second degree pursuant to 32
3215-section 566.064. 33
3216- 569.010. As used in this chapter the following terms 1
3217-mean: 2
3218- (1) "Cave or cavern", any naturally occurring 3
3219-subterranean cavity enterable by a person including, without 4
3220-limitation, a pit, pothole, natural well, grotto, and 5
3221-tunnel, whether or not the opening has a natural entrance; 6
3222- (2) "Enter unlawfully or remain unlawfully", a person 7
3223-enters or remains in or u pon premises when he or she is not 8
3224-licensed or privileged to do so. A person who, regardless 9
3225-of his or her purpose, enters or remains in or upon premises 10
3226-which are at the time open to the public does so with 11
3227-license and privilege unless he or she defi es a lawful order 12
3228-not to enter or remain, personally communicated to him or 13
3229-her by the owner of such premises or by other authorized 14
3230-person. A license or privilege to enter or remain in a 15
3231-building which is only partly open to the public is not a 16
3232-license or privilege to enter or remain in that part of the 17
3233-building which is not open to the public; 18
3234- (3) "Nuclear power plant", a power generating facility 19
3235-that produces electricity by means of a nuclear reactor 20
3236-owned by a utility or a consortium uti lity. Nuclear power 21
3237-plant shall be limited to property within the structure or 22
3238-fenced yard, as defined in section 563.011; 23 SCS HB 2088, HB 1705, 100
3239- & HCS HB 1699
3240- (4) "To tamper", to interfere with something 24
3241-improperly, to meddle with it, displace it, make unwarranted 25
3242-alterations in its existing condition, or to deprive, 26
3243-temporarily, the owner or possessor of that thing; 27
3244- (5) "Teller machine", an automated teller machine 28
3245-(ATM) or interactive teller machine (ITM) is a remote 29
3246-computer terminal owned or controlled by a financial 30
3247-institution or a private business that allows individuals to 31
3248-obtain financial services including obtaining cash, 32
3249-transferring or transmitting money or digital currencies, 33
3250-payment of bills, loading money or digital currency to a 34
3251-payment card or other de vice without physical in -person 35
3252-assistance from another person. "Teller machine" does not 36
3253-include personally owned electronic devices used to access 37
3254-financial services; 38
3255- (6) "Utility", an enterprise which provides gas, 39
3256-electric, steam, water, sew age disposal, or communication, 40
3257-video, internet, or voice over internet protocol services, 41
3258-and any common carrier. It may be either publicly or 42
3259-privately owned or operated. 43
3260- 569.100. 1. A person commits the offense of property 1
3261-damage in the first degree if such person: 2
3262- (1) Knowingly damages property of another to an extent 3
3263-exceeding seven hundred fifty dollars; or 4
3264- (2) Damages property to an extent exceeding seven 5
3265-hundred fifty dollars for the purpose of defrauding an 6
3266-insurer; [or] 7
3267- (3) Knowingly damages a motor vehicle of another and 8
3268-the damage occurs while such person is making entry into the 9
3269-motor vehicle for the purpose of committing the crime of 10
3270-stealing therein or the damage occurs while such person is 11
3271-committing the crime of stealing within the motor vehicle ; or 12 SCS HB 2088, HB 1705, 101
3272- & HCS HB 1699
3273- (4) Knowingly damages, modifies, or destroys a teller 13
3274-machine or otherwise makes it inoperable . 14
3275- 2. The offense of property damage in the first degree 15
3276-committed under subdivision (1) or (2) of subsection 1 of 16
3277-this section is a class E felony, unless the offense of 17
3278-property damage in the first degree was committed under 18
3279-subdivision (1) of subsection 1 of this section and the 19
3280-victim was intentionally targeted as a law enforcement 20
3281-officer, as defined in section 556.061, or the victim is 21
3282-targeted because he or she is a relative within the second 22
3283-degree of consanguinity or affinity to a law enforcement 23
3284-officer, in which case it is a class D felony. The offense 24
3285-of property damage in the first degree committed under 25
3286-subdivision (3) of subsection 1 of this section is a class D 26
3287-felony unless committed as a second or subsequent violation 27
3288-of subdivision (3) of subsection 1 of this section in which 28
3289-case it is a class B felony. The offense of property damage 29
3290-in the first degree committed under subdivision (4) of 30
3291-subsection 1 of this section is a class D felony unless 31
3292-committed for the purpose of executing any scheme or 32
3293-artifice to defraud or obtain any property, the value of 33
3294-which exceeds seven hundred fifty dollars or the damage to 34
3295-the teller machine exceeds seven hundred fifty dollars in 35
3296-which case it is a class C felony; or unless committed to 36
3297-obtain the personal financial credentials of another person 37
3298-or committed as a secon d or subsequent violation of 38
3299-subdivision (4) of subsection 1 of this section in which 39
3300-case it is a class B felony. 40
3301- 570.010. As used in this chapter, the following terms 1
3302-mean: 2
3303- (1) "Adulterated", varying from the standard of 3
3304-composition or quality prescribed by statute or lawfully 4 SCS HB 2088, HB 1705, 102
3305- & HCS HB 1699
3306-promulgated administrative regulations of this state 5
3307-lawfully filed, or if none, as set by commercial usage; 6
3308- (2) "Appropriate", to take, obtain, use, transfer, 7
3309-conceal, retain or dispose; 8
3310- (3) "Check", a check or other similar sight order or 9
3311-any other form of presentment involving the transmission of 10
3312-account information for the payment of money; 11
3313- (4) "Coercion", a threat, however communicated: 12
3314- (a) To commit any offense; or 13
3315- (b) To inflict physical injury in the future on the 14
3316-person threatened or another; or 15
3317- (c) To accuse any person of any offense; or 16
3318- (d) To expose any person to hatred, contempt or 17
3319-ridicule; or 18
3320- (e) To harm the credit or business reputatio n of any 19
3321-person; or 20
3322- (f) To take or withhold action as a public servant, or 21
3323-to cause a public servant to take or withhold action; or 22
3324- (g) To inflict any other harm which would not benefit 23
3325-the actor. A threat of accusation, lawsuit or other 24
3326-invocation of official action is justified and not coercion 25
3327-if the property sought to be obtained by virtue of such 26
3328-threat was honestly claimed as restitution or 27
3329-indemnification for harm done in the circumstances to which 28
3330-the accusation, exposure, lawsu it or other official action 29
3331-relates, or as compensation for property or lawful service. 30
3332-The defendant shall have the burden of injecting the issue 31
3333-of justification as to any threat; 32
3334- (5) "Credit device", a writing, card, code, number or 33
3335-other device purporting to evidence an undertaking to pay 34
3336-for property or services delivered or rendered to or upon 35
3337-the order of a designated person or bearer; 36 SCS HB 2088, HB 1705, 103
3338- & HCS HB 1699
3339- (6) "Dealer", a person in the business of buying and 37
3340-selling goods; 38
3341- (7) "Debit device", a writing, card, code, number or 39
3342-other device, other than a check, draft or similar paper 40
3343-instrument, by the use of which a person may initiate an 41
3344-electronic fund transfer, including but not limited to 42
3345-devices that enable electronic transfers of benefits to 43
3346-public assistance recipients; 44
3347- (8) "Deceit or deceive", making a representation which 45
3348-is false and which the actor does not believe to be true and 46
3349-upon which the victim relies, as to a matter of fact, law, 47
3350-value, intention or other state of mi nd, or concealing a 48
3351-material fact as to the terms of a contract or agreement. 49
3352-The term "deceit" does not, however, include falsity as to 50
3353-matters having no pecuniary significance, or puffing by 51
3354-statements unlikely to deceive ordinary persons in the gro up 52
3355-addressed. Deception as to the actor's intention to perform 53
3356-a promise shall not be inferred from the fact alone that he 54
3357-did not subsequently perform the promise; 55
3358- (9) "Deprive": 56
3359- (a) To withhold property from the owner permanently; or 57
3360- (b) To restore property only upon payment of reward or 58
3361-other compensation; or 59
3362- (c) To use or dispose of property in a manner that 60
3363-makes recovery of the property by the owner unlikely; 61
3364- (10) "Electronic benefits card" or "EBT card", a debit 62
3365-card used to access food stamps or cash benefits issued by 63
3366-the department of social services; 64
3367- (11) "Financial institution", a bank, trust company, 65
3368-savings and loan association, or credit union; 66
3369- (12) "Food stamps", the nutrition assistance prog ram 67
3370-in Missouri that provides food and aid to low -income 68 SCS HB 2088, HB 1705, 104
3371- & HCS HB 1699
3372-individuals who are in need of benefits to purchase food 69
3373-operated by the United States Department of Agriculture 70
3374-(USDA) in conjunction with the department of social services; 71
3375- (13) "Forcibly steals", a person, in the course of 72
3376-stealing, uses or threatens the immediate use of physical 73
3377-force upon another person for the purpose of: 74
3378- (a) Preventing or overcoming resistance to the taking 75
3379-of the property or to the retention thereof immediat ely 76
3380-after the taking; or 77
3381- (b) Compelling the owner of such property or another 78
3382-person to deliver up the property or to engage in other 79
3383-conduct which aids in the commission of the theft; 80
3384- (14) "Internet service", an interactive computer 81
3385-service or system or an information service, system, or 82
3386-access software provider that provides or enables computer 83
3387-access by multiple users to a computer server, and includes, 84
3388-but is not limited to, an information service, system, or 85
3389-access software provider that provides access to a network 86
3390-system commonly known as the internet, or any comparable 87
3391-system or service and also includes, but is not limited to, 88
3392-a world wide web page, newsgroup, message board, mailing 89
3393-list, or chat area on any interactive compu ter service or 90
3394-system or other online service; 91
3395- (15) "Means of identification", anything used by a 92
3396-person as a means to uniquely distinguish himself or herself; 93
3397- (16) "Merchant", a person who deals in goods of the 94
3398-kind or otherwise by his or h er occupation holds oneself out 95
3399-as having knowledge or skill peculiar to the practices or 96
3400-goods involved in the transaction or to whom such knowledge 97
3401-or skill may be attributed by his or her employment of an 98
3402-agent or broker or other intermediary who by his or her 99 SCS HB 2088, HB 1705, 105
3403- & HCS HB 1699
3404-occupation holds oneself out as having such knowledge or 100
3405-skill; 101
3406- (17) "Mislabeled", varying from the standard of truth 102
3407-or disclosure in labeling prescribed by statute or lawfully 103
3408-promulgated administrative regulations of this state 104
3409-lawfully filed, or if none, as set by commercial usage; or 105
3410-represented as being another person's product, though 106
3411-otherwise accurately labeled as to quality and quantity; 107
3412- (18) "Pharmacy", any building, warehouse, physician's 108
3413-office, hospital, pharmac eutical house or other structure 109
3414-used in whole or in part for the sale, storage, or 110
3415-dispensing of any controlled substance as defined in chapter 111
3416-195; 112
3417- (19) "Property", anything of value, whether real or 113
3418-personal, tangible or intangible, in possess ion or in 114
3419-action, and shall include but not be limited to the evidence 115
3420-of a debt actually executed but not delivered or issued as a 116
3421-valid instrument; 117
3422- (20) "Public assistance benefits", anything of value, 118
3423-including money, food, EBT cards, food sta mps, commodities, 119
3424-clothing, utilities, utilities payments, shelter, drugs and 120
3425-medicine, materials, goods, and any service including 121
3426-institutional care, medical care, dental care, child care, 122
3427-psychiatric and psychological service, rehabilitation 123
3428-instruction, training, transitional assistance, or 124
3429-counseling, received by or paid on behalf of any person 125
3430-under chapters 198, 205, 207, 208, 209, and 660, or 126
3431-benefits, programs, and services provided or administered by 127
3432-the Missouri department of social serv ices or any of its 128
3433-divisions; 129
3434- (21) "Services" includes transportation, telephone, 130
3435-electricity, gas, water, or other public service, cable 131 SCS HB 2088, HB 1705, 106
3436- & HCS HB 1699
3437-television service, video service, voice over internet 132
3438-protocol service, or internet service, accommodation in 133
3439-hotels, restaurants or elsewhere, admission to exhibitions 134
3440-and use of vehicles; 135
3441- (22) "Stealing-related offense", federal and state 136
3442-violations of criminal statutes against stealing, robbery, 137
3443-or buying or receiving stolen property and shall also 138
3444-include municipal ordinances against the same if the 139
3445-offender was either represented by counsel or knowingly 140
3446-waived counsel in writing and the judge accepting the plea 141
3447-or making the findings was a licensed attorney at the time 142
3448-of the court proceeding s; 143
3449- (23) "Teller machine", an automated teller machine 144
3450-(ATM) or interactive teller machine (ITM) that is a remote 145
3451-computer terminal or other device owned or controlled by a 146
3452-financial institution or a private business that allows 147
3453-individuals to obtain financial services, including 148
3454-obtaining cash, transferring or transmitting moneys or 149
3455-digital currencies, payment of bills, or loading moneys or 150
3456-digital currency to a payment card, without physical in - 151
3457-person assistance from another person. "Teller machine" 152
3458-does not include personally owned electronic devices used to 153
3459-access financial services; 154
3460- (24) "Video service", the provision of video 155
3461-programming provided through wireline facilities located at 156
3462-least in part in the public right -of-way without regard to 157
3463-delivery technology, including internet protocol technology 158
3464-whether provided as part of a tier, on demand, or a per - 159
3465-channel basis. This definition includes cable service as 160
3466-defined by 47 U.S.C. Section 522(6), but does not include 161
3467-any video programming provided by a commercial mobile 162
3468-service provider as "commercial mobile service" is defined 163 SCS HB 2088, HB 1705, 107
3469- & HCS HB 1699
3470-in 47 U.S.C. Section 332(d), or any video programming 164
3471-provided solely as part of and via a service that enables 165
3472-users to access content, inform ation, electronic mail, or 166
3473-other services offered over the public internet, and 167
3474-includes microwave television transmission, from a 168
3475-multipoint distribution service not capable of reception by 169
3476-conventional television receivers without the use of special 170
3477-equipment; 171
3478- [(24)] (25) "Voice over internet protocol service", a 172
3479-service that: 173
3480- (a) Enables real-time, two-way voice communication; 174
3481- (b) Requires a broadband connection from the user's 175
3482-location; 176
3483- (c) Requires internet protocol -compatible customer 177
3484-premises equipment; and 178
3485- (d) Permits users generally to receive calls that 179
3486-originate on the public switched telephone network and to 180
3487-terminate calls to the public switched telephone network; 181
3488- [(25)] (26) "Writing" includes print ing, any other 182
3489-method of recording information, money, coins, negotiable 183
3490-instruments, tokens, stamps, seals, credit cards, badges, 184
3491-trademarks and any other symbols of value, right, privilege 185
3492-or identification. 186
3493- 570.030. 1. A person commits the offense of stealing 1
3494-if he or she: 2
3495- (1) Appropriates property or services of another with 3
3496-the purpose to deprive him or her thereof, either without 4
3497-his or her consent or by means of deceit or coercion; 5
3498- (2) Attempts to appropriate a nhydrous ammonia or 6
3499-liquid nitrogen of another with the purpose to deprive him 7
3500-or her thereof, either without his or her consent or by 8
3501-means of deceit or coercion; or 9 SCS HB 2088, HB 1705, 108
3502- & HCS HB 1699
3503- (3) For the purpose of depriving the owner of a lawful 10
3504-interest therein, receiv es, retains or disposes of property 11
3505-of another knowing that it has been stolen, or believing 12
3506-that it has been stolen. 13
3507- 2. The offense of stealing is a class A felony if the 14
3508-property appropriated consists of any of the following 15
3509-containing any amount of anhydrous ammonia: a tank truck, 16
3510-tank trailer, rail tank car, bulk storage tank, field nurse, 17
3511-field tank or field applicator. 18
3512- 3. The offense of stealing is a class B felony if: 19
3513- (1) The property appropriated or attempted to be 20
3514-appropriated consists of any amount of anhydrous ammonia or 21
3515-liquid nitrogen; 22
3516- (2) The property consists of any animal considered 23
3517-livestock as the term livestock is defined in section 24
3518-144.010, or any captive wildlife held under permit issued by 25
3519-the conservation commission, and the value of the animal or 26
3520-animals appropriated exceeds three thousand dollars and that 27
3521-person has previously been found guilty of appropriating any 28
3522-animal considered livestock or captive wildlife held under 29
3523-permit issued by the c onservation commission. 30
3524-Notwithstanding any provision of law to the contrary, such 31
3525-person shall serve a minimum prison term of not less than 32
3526-eighty percent of his or her sentence before he or she is 33
3527-eligible for probation, parole, [conditional release,] or 34
3528-other early release by the department of corrections; 35
3529- (3) A person appropriates property consisting of a 36
3530-motor vehicle, watercraft, or aircraft, and that person has 37
3531-previously been found guilty of two stealing -related 38
3532-offenses committed on two separate occasions where such 39
3533-offenses occurred within ten years of the date of occurrence 40
3534-of the present offense; 41 SCS HB 2088, HB 1705, 109
3535- & HCS HB 1699
3536- (4) The property appropriated or attempted to be 42
3537-appropriated consists of any animal considered livestock as 43
3538-the term is defined in section 144.010 if the value of the 44
3539-livestock exceeds ten thousand dollars; or 45
3540- (5) The property appropriated or attempted to be 46
3541-appropriated is owned by or in the custody of a financial 47
3542-institution and the property is taken or attempted to be 48
3543-taken physically from an individual person to deprive the 49
3544-owner or custodian of the property. 50
3545- 4. The offense of stealing is a class C felony if the 51
3546-value of the property or services appropriated is twenty - 52
3547-five thousand dollars or more or the property is a teller 53
3548-machine or the contents of a teller machine including cash 54
3549-regardless of the value or amount . 55
3550- 5. The offense of stealing is a class D felony if: 56
3551- (1) The value of the property or services appropriated 57
3552-is seven hundred fifty dollars or more; 58
3553- (2) The offender physically takes the property 59
3554-appropriated from the person of the victim; or 60
3555- (3) The property appropriated consists of: 61
3556- (a) Any motor vehicle, watercraft or aircraft; 62
3557- (b) Any will or unrecorded dee d affecting real 63
3558-property; 64
3559- (c) Any credit device, debit device or letter of 65
3560-credit; 66
3561- (d) Any firearms; 67
3562- (e) Any explosive weapon as defined in section 571.010; 68
3563- (f) Any United States national flag designed, intended 69
3564-and used for display on buildings or stationary flagstaffs 70
3565-in the open; 71 SCS HB 2088, HB 1705, 110
3566- & HCS HB 1699
3567- (g) Any original copy of an act, bill or resolution, 72
3568-introduced or acted upon by the legislature of the state of 73
3569-Missouri; 74
3570- (h) Any pleading, notice, judgment or any other record 75
3571-or entry of any court of this state, any other state or of 76
3572-the United States; 77
3573- (i) Any book of registration or list of voters 78
3574-required by chapter 115; 79
3575- (j) Any animal considered livestock as that term is 80
3576-defined in section 144.010; 81
3577- (k) Any live fish raised for commercial sale with a 82
3578-value of seventy-five dollars or more; 83
3579- (l) Any captive wildlife held under permit issued by 84
3580-the conservation commission; 85
3581- (m) Any controlled substance as defined by section 86
3582-195.010; 87
3583- (n) Ammonium nitrate; 88
3584- (o) Any wire, electrical transformer, or metallic wire 89
3585-associated with transmitting telecommunications, video, 90
3586-internet, or voice over internet protocol service, or any 91
3587-other device or pipe that is associated with conducting 92
3588-electricity or transporting natural gas or other combustible 93
3589-fuels; or 94
3590- (p) Any material appropriated with the intent to use 95
3591-such material to manufacture, compound, produce, prepare, 96
3592-test or analyze amphetamine or methamphetamine or any of 97
3593-their analogues. 98
3594- 6. The offense of stealing is a class E felony if: 99
3595- (1) The property appropriated is an animal; 100
3596- (2) The property is a catalytic converter; [or] 101
3597- (3) A person has previously been found guilty of three 102
3598-stealing-related offenses committed on three separate 103 SCS HB 2088, HB 1705, 111
3599- & HCS HB 1699
3600-occasions where such offenses occurred within ten years of 104
3601-the date of occurrence of the present offense ; or 105
3602- (4) The property appropriated is a letter, postal 106
3603-card, package, bag, or other sealed article that was 107
3604-delivered by common carrier or delivery service and not yet 108
3605-received by the addressee or that had been left to be 109
3606-collected for shipment by a common carrier or delivery 110
3607-service. 111
3608- 7. The offense of stealing is a class D misdemeanor if 112
3609-the property is not of a typ e listed in subsection 2, 3, 5, 113
3610-or 6 of this section, the property appropriated has a value 114
3611-of less than one hundred fifty dollars, and the person has 115
3612-no previous findings of guilt for a stealing -related offense. 116
3613- 8. The offense of stealing is a cl ass A misdemeanor if 117
3614-no other penalty is specified in this section. 118
3615- 9. If a violation of this section is subject to 119
3616-enhanced punishment based on prior findings of guilt, such 120
3617-findings of guilt shall be pleaded and proven in the same 121
3618-manner as required by section 558.021. 122
3619- 10. The appropriation of any property or services of a 123
3620-type listed in subsection 2, 3, 5, or 6 of this section or 124
3621-of a value of seven hundred fifty dollars or more may be 125
3622-considered a separate felony and may be charged in separate 126
3623-counts. 127
3624- 11. The value of property or services appropriated 128
3625-pursuant to one scheme or course of conduct, whether from 129
3626-the same or several owners and whether at the same or 130
3627-different times, constitutes a single criminal episode and 131
3628-may be aggregated in determining the grade of the offense, 132
3629-except as set forth in subsection 10 of this section. 133
3630- 570.036. 1. A person commits the offense of organized 1
3631-retail theft if he or she, while alone or with any other 2 SCS HB 2088, HB 1705, 112
3632- & HCS HB 1699
3633-person or persons, commits a series of thefts of retail 3
3634-merchandise against one or more persons either on the 4
3635-premises of a merchant or through the use of an internet or 5
3636-network site in this state with the intent to: 6
3637- (1) Return the merchandise to the merchant for value; 7
3638-or 8
3639- (2) Resell, trade, or barter the merchandise for value 9
3640-in any manner including, but not limited to, through the use 10
3641-of an internet or network site. 11
3642- 2. The offense of organized retail theft is a class D 12
3643-felony if the aggregated value of the property or services 13
3644-involved in all thefts committed in this state during a 14
3645-period of one hundred twenty days is no less than one 15
3646-thousand five hundred dollars and no more than ten thousand 16
3647-dollars. 17
3648- 3. The offense of organized reta il theft is a class C 18
3649-felony if the aggregated value of the property or services 19
3650-involved in all thefts committed in this state during a 20
3651-period of one hundred twenty days is more than ten thousand 21
3652-dollars. 22
3653- 4. In addition to any other penalty, the court shall 23
3654-order a person who violates this section to pay restitution. 24
3655- 5. For the purposes of this section, in determining 25
3656-the aggregated value of the property or services involved in 26
3657-all thefts committed in this state during a period of one 27
3658-hundred twenty days: 28
3659- (1) The amount involved in a single theft shall be 29
3660-deemed to be the highest value, by any reasonable standard, 30
3661-of the property or services that are obtained; and 31
3662- (2) The amounts involved in all thefts committed by 32
3663-all participants in the organized retail theft shall be 33
3664-aggregated. 34 SCS HB 2088, HB 1705, 113
3665- & HCS HB 1699
3666- 6. In any prosecution for a violation of this section, 35
3667-the violation shall be deemed to have been committed and may 36
3668-be prosecuted in any jurisdiction in this state in which any 37
3669-theft committed by any participant in the organized retail 38
3670-theft was committed regardless of whether the defendant was 39
3671-ever physically present in such jurisdiction. 40
3672- 571.015. 1. Any person who commits any felony under 1
3673-the laws of this state by, with, or through the use, 2
3674-assistance, or aid of a dangerous instrument or deadly 3
3675-weapon is also guilty of the offense of armed criminal 4
3676-action, the offense of armed criminal action shall be an 5
3677-unclassified felony, and, upon conviction, shall be pun ished 6
3678-by imprisonment by the department of corrections for a term 7
3679-of not less than three years [and not to exceed fifteen 8
3680-years], unless the person is unlawfully possessing a 9
3681-firearm, in which case the term of imprisonment shall be for 10
3682-a term of not less than five years. The punishment imposed 11
3683-pursuant to this subsection shall be in addition to and 12
3684-consecutive to any punishment provided by law for the crime 13
3685-committed by, with, or through the use, assistance, or aid 14
3686-of a dangerous instrument or dea dly weapon. No person 15
3687-convicted under this subsection shall be eligible for 16
3688-parole, probation, [conditional release, ] or suspended 17
3689-imposition or execution of sentence [for a period of three 18
3690-calendar years]. 19
3691- 2. Any person convicted of a second of fense of armed 20
3692-criminal action under subsection 1 of this section shall be 21
3693-punished by imprisonment by the department of corrections 22
3694-for a term of not less than five years [and not to exceed 23
3695-thirty years], unless the person is unlawfully possessing a 24
3696-firearm, in which case the term of imprisonment shall be for 25
3697-a term not less than fifteen years. The punishment imposed 26 SCS HB 2088, HB 1705, 114
3698- & HCS HB 1699
3699-pursuant to this subsection shall be in addition to and 27
3700-consecutive to any punishment provided by law for the crime 28
3701-committed by, with, or through the use, assistance, or aid 29
3702-of a dangerous instrument or deadly weapon. No person 30
3703-convicted under this subsection shall be eligible for 31
3704-parole, probation, [conditional release, ] or suspended 32
3705-imposition or execution of sentence [for a period of five 33
3706-calendar years]. 34
3707- 3. Any person convicted of a third or subsequent 35
3708-offense of armed criminal action under subsection 1 of this 36
3709-section shall be punished by imprisonment by the department 37
3710-of corrections for a term of not less than ten years, unless 38
3711-the person is unlawfully possessing a firearm, in which case 39
3712-the term of imprisonment shall be no less than fifteen 40
3713-years. The punishment imposed pursuant to this subsection 41
3714-shall be in addition to and consecutive to any punishment 42
3715-provided by law for the crime committed by, with, or through 43
3716-the use, assistance, or aid of a dangerous instrument or 44
3717-deadly weapon. No person convicted under this subsection 45
3718-shall be eligible for parole, probation, [conditional 46
3719-release,] or suspended imposition or execution of sentence 47
3720-[for a period of ten calendar years ]. 48
3721- 571.031. 1. This section shall be known and may be 1
3722-cited as "Blair's Law". 2
3723- 2. A person commits the offense of unlawful discharge 3
3724-of a firearm if, with cri minal negligence, he or she 4
3725-discharges a firearm within or into the limits of any 5
3726-municipality. 6
3727- 3. This section shall not apply if the firearm is 7
3728-discharged: 8
3729- (1) As allowed by a defense of justification under 9
3730-chapter 563; 10 SCS HB 2088, HB 1705, 115
3731- & HCS HB 1699
3732- (2) On a properly supervised shooting range; 11
3733- (3) To lawfully take wildlife during an open season 12
3734-established by the department of conservation. Nothing in 13
3735-this subdivision shall prevent a municipality from adopting 14
3736-an ordinance restricting the discharge of a firearm within 15
3737-one-quarter mile of an occupied structure; 16
3738- (4) For the control of nuisance wildlife as permitted 17
3739-by the department of conservation or the United States Fish 18
3740-and Wildlife Service; 19
3741- (5) By special permit of the chief of police o f the 20
3742-municipality; 21
3743- (6) As required by an animal control officer in the 22
3744-performance of his or her duties; 23
3745- (7) Using blanks; 24
3746- (8) More than one mile from any occupied structure; 25
3747- (9) In self-defense or defense of another person 26
3748-against an animal attack if a reasonable person would 27
3749-believe that deadly physical force against the animal is 28
3750-immediately necessary and reasonable under the circumstances 29
3751-to protect oneself or the other person; or 30
3752- (10) By law enforcement personnel, a s defined in 31
3753-section 590.1040, or a member of the United States Armed 32
3754-Forces if acting in an official capacity. 33
3755- 4. A person who commits the offense of discharge of a 34
3756-firearm shall be guilty of: 35
3757- (1) For a first offense, a class A misdemeanor; 36
3758- (2) For a second offense, a class E felony; and 37
3759- (3) For a third or subsequent offense, a class D 38
3760-felony. 39
3761- 571.070. 1. A person commits the offense of unlawful 1
3762-possession of a firearm if such person knowingly has any 2
3763-firearm in his or her possession and: 3 SCS HB 2088, HB 1705, 116
3764- & HCS HB 1699
3765- (1) Such person has been convicted of a felony under 4
3766-the laws of this state, or of a crime under the laws of any 5
3767-state or of the United States which, if committed within 6
3768-this state, would be a felony; or 7
3769- (2) Such person is a fugitive from justice, is 8
3770-habitually in an intoxicated or drugged condition, or is 9
3771-currently adjudged mentally incompetent. 10
3772- 2. Unlawful possession of a firearm is a class [D] C 11
3773-felony, unless a person has been convicted of a dang erous 12
3774-felony as defined in section 556.061 or the person has a 13
3775-prior conviction for unlawful possession of a firearm , in 14
3776-which case it is a class [C] B felony. 15
3777- 3. The provisions of subdivision (1) of subsection 1 16
3778-of this section shall not apply t o the possession of an 17
3779-antique firearm. 18
3780- 575.010. The following definitions shall apply to this 1
3781-chapter and chapter 576: 2
3782- (1) "Affidavit" means any written statement which is 3
3783-authorized or required by law to be made under oath, a nd 4
3784-which is sworn to before a person authorized to administer 5
3785-oaths; 6
3786- (2) "Government" means any branch or agency of the 7
3787-government of this state or of any political subdivision 8
3788-thereof; 9
3789- (3) "Highway" means any public road or thoroughfare 10
3790-for vehicles, including state roads, county roads and public 11
3791-streets, avenues, boulevards, parkways or alleys in any 12
3792-municipality; 13
3793- (4) "Judicial proceeding" means any official 14
3794-proceeding in court, or any proceeding authorized by or held 15
3795-under the supervision of a court; 16 SCS HB 2088, HB 1705, 117
3796- & HCS HB 1699
3797- (5) "Juror" means a grand or petit juror, including a 17
3798-person who has been drawn or summoned to attend as a 18
3799-prospective juror; 19
3800- (6) "Jury" means a grand or petit jury, including any 20
3801-panel which has been drawn or summone d to attend as 21
3802-prospective jurors; 22
3803- (7) "Law enforcement animal" means a dog, horse, or 23
3804-other animal used in law enforcement or a correctional 24
3805-facility, or by a municipal police department, fire 25
3806-department, search and rescue unit or agency, whethe r the 26
3807-animal is on duty or not on duty. The term shall include, 27
3808-but not be limited to, accelerant detection dogs, bomb 28
3809-detection dogs, narcotic detection dogs, search and rescue 29
3810-dogs, and tracking animals; 30
3811- (8) "Official proceeding" means any cau se, matter, or 31
3812-proceeding where the laws of this state require that 32
3813-evidence considered therein be under oath or affirmation; 33
3814- [(8) "Police animal" means a dog, horse or other 34
3815-animal used in law enforcement or a correctional facility, 35
3816-or by a municipal police department, fire department, search 36
3817-and rescue unit or agency, whether the animal is on duty or 37
3818-not on duty. The term shall include, but not be limited to, 38
3819-accelerant detection dogs, bomb detection dogs, narcotic 39
3820-detection dogs, search an d rescue dogs and tracking animals; ] 40
3821- (9) "Public record" means any document which a public 41
3822-servant is required by law to keep; 42
3823- (10) "Testimony" means any oral statement under oath 43
3824-or affirmation; 44
3825- (11) "Victim" means any natural person a gainst whom 45
3826-any crime is deemed to have been perpetrated or attempted; 46
3827- (12) "Witness" means any natural person: 47 SCS HB 2088, HB 1705, 118
3828- & HCS HB 1699
3829- (a) Having knowledge of the existence or nonexistence 48
3830-of facts relating to any crime; or 49
3831- (b) Whose declaration under oath is received as 50
3832-evidence for any purpose; or 51
3833- (c) Who has reported any crime to any peace officer or 52
3834-prosecutor; or 53
3835- (d) Who has been served with a subpoena issued under 54
3836-the authority of any court of this state. 55
3837- 575.095. 1. A person commits the offense of tampering 1
3838-with a judicial officer if, with the purpose to harass, 2
3839-intimidate or influence a judicial officer in the 3
3840-performance of such officer's official duties, such person: 4
3841- (1) Threatens or causes harm to such jud icial officer 5
3842-or members of such judicial officer's family; 6
3843- (2) Uses force, threats, or deception against or 7
3844-toward such judicial officer or members of such judicial 8
3845-officer's family; 9
3846- (3) Offers, conveys or agrees to convey any benefit 10
3847-direct or indirect upon such judicial officer or such 11
3848-judicial officer's family; 12
3849- (4) Engages in conduct reasonably calculated to harass 13
3850-or alarm such judicial officer or such judicial officer's 14
3851-family, including stalking pursuant to section 565.225 or 15
3852-565.227; 16
3853- (5) Disseminates through any means, including by 17
3854-posting on the internet, the judicial officer's or the 18
3855-judicial officer's family's personal information. For 19
3856-purposes of this section, "personal information" includes a 20
3857-home address, home or mobile telephone number, personal 21
3858-email address, Social Security number, federal tax 22
3859-identification number, checking or savings account numbers, 23 SCS HB 2088, HB 1705, 119
3860- & HCS HB 1699
3861-marital status, and identity of a child under eighteen years 24
3862-of age. 25
3863- 2. A judicial officer for purposes of this section 26
3864-shall be a judge or commissioner of a state or federal 27
3865-court, arbitrator, special master, juvenile officer, deputy 28
3866-juvenile officer, state prosecuting or circuit attorney, 29
3867-state assistant prosecuting or circuit attorney, juveni le 30
3868-court commissioner, state probation or parole officer, or 31
3869-referee. 32
3870- 3. A judicial officer's family for purposes of this 33
3871-section shall be: 34
3872- (1) Such officer's spouse; or 35
3873- (2) Such officer or such officer's spouse's ancestor 36
3874-or descendant by blood or adoption; or 37
3875- (3) Such officer's stepchild, while the marriage 38
3876-creating that relationship exists. 39
3877- 4. The offense of tampering with a judicial officer is 40
3878-a class D felony. 41
3879- 5. If a violation of this section results in death or 42
3880-bodily injury to a judicial officer or a member of the 43
3881-judicial officer's family, the offense is a class B felony. 44
3882- 575.200. 1. A person commits the offense of escape 1
3883-from custody or attempted escape from custody if, while 2
3884-being held in custody after arrest for any [crime] offense 3
3885-or violation of probation or parole , he or she escapes or 4
3886-attempts to escape from custody. 5
3887- 2. The offense of escape or attempted escape from 6
3888-custody is a class A misdemeanor unless: 7
3889- (1) The person escaping or attempting to escape is 8
3890-under arrest for a felony, in which case it is a class E 9
3891-felony; or 10 SCS HB 2088, HB 1705, 120
3892- & HCS HB 1699
3893- (2) The offense is committed by means of a deadly 11
3894-weapon or dangerous instrument or by holding any person as 12
3895-hostage, in which case i t is a class A felony. 13
3896- 575.205. 1. A person commits the offense of tampering 1
3897-with electronic monitoring equipment if he or she 2
3898-intentionally removes, alters, tampers with, damages, [or] 3
3899-destroys, fails to charge, or otherwise disabl es electronic 4
3900-monitoring equipment which a court, the division of 5
3901-probation and parole or the parole board has required such 6
3902-person to wear. 7
3903- 2. This section does not apply to the owner of the 8
3904-equipment or an agent of the owner who is performing 9
3905-ordinary maintenance or repairs on the equipment. 10
3906- 3. The offense of tampering with electronic monitoring 11
3907-equipment is a class D felony. 12
3908- 4. The offense of tampering with electronic monitoring 13
3909-equipment if a person fails to charge or otherwise disables 14
3910-electronic monitoring equipment is a class E felony, unless 15
3911-the offense for which the person was placed on electronic 16
3912-monitoring was a misdemeanor, in which case it is a class A 17
3913-misdemeanor. 18
3914- 575.353. 1. This section shall be known and may be 1
3915-cited as "Max's Law". 2
3916- 2. A person commits the offense of assault on a 3
3917-[police] law enforcement animal if he or she knowingly 4
3918-attempts to kill or disable or knowingly causes or attempts 5
3919-to cause serious physical injury to a [police] law 6
3920-enforcement animal when that animal is involved in law 7
3921-enforcement investigation, apprehension, tracking, or 8
3922-search, or the animal is in the custody of or under the 9
3923-control of a law enforcement officer, department of 10 SCS HB 2088, HB 1705, 121
3924- & HCS HB 1699
3925-corrections officer, mun icipal police department, fire 11
3926-department or a rescue unit or agency. 12
3927- [2.] 3. The offense of assault on a [police] law 13
3928-enforcement animal is a [class C misdemeanor, unless ]: 14
3929- (1) Class A misdemeanor, if the law enforcement animal 15
3930-is not injured to the point of requiring veterinary care or 16
3931-treatment; 17
3932- (2) Class E felony if the law enforcement animal is 18
3933-seriously injured to the point of requiring veterinary care 19
3934-or treatment; and 20
3935- (3) Class D felony if the assault results in the de ath 21
3936-of such animal [or disables such animal to the extent it is 22
3937-unable to be utilized as a police animal, in which case it 23
3938-is a class E felony]. 24
3939- 578.007. The provisions of section 574.130 [,] and 1
3940-sections 578.005 to 578.023 shall not apply to: 2
3941- (1) Care or treatment performed by a licensed 3
3942-veterinarian within the provisions of chapter 340; 4
3943- (2) Bona fide scientific experiments; 5
3944- (3) Hunting, fishing, or trapping as allowed by 6
3945-chapter 252, including all practices and p rivileges as 7
3946-allowed under the Missouri Wildlife Code; 8
3947- (4) Facilities and publicly funded zoological parks 9
3948-currently in compliance with the federal "Animal Welfare 10
3949-Act" as amended; 11
3950- (5) Rodeo practices currently accepted by the 12
3951-Professional Rodeo Cowboy's Association; 13
3952- (6) The killing of an animal by the owner thereof, the 14
3953-agent of such owner, or by a veterinarian at the request of 15
3954-the owner thereof; 16 SCS HB 2088, HB 1705, 122
3955- & HCS HB 1699
3956- (7) The lawful, humane killing of an animal by an 17
3957-animal control officer, the o perator of an animal shelter, a 18
3958-veterinarian, or law enforcement or health official; 19
3959- (8) With respect to farm animals, normal or accepted 20
3960-practices of animal husbandry; 21
3961- (9) The killing of an animal by any person at any time 22
3962-if such animal is outside of the owned or rented property of 23
3963-the owner or custodian of such animal and the animal is 24
3964-injuring any person or farm animal , but this exemption shall 25
3965-not include [police or guard dogs ] the killing or injuring 26
3966-of a law enforcement animal while working; 27
3967- (10) The killing of house or garden pests; or 28
3968- (11) Field trials, training and hunting practices as 29
3969-accepted by the Professional Houndsmen of Missouri. 30
3970- 578.022. Any dog that is owned, or the service of 1
3971-which is employed, by a law enforcement agency and that 2
3972-bites or injures another animal or human in the course of 3
3973-their official duties is exempt from the provisions of 4
3974-sections 273.033 [and], 273.036 [and section], 578.012, and 5
3975-578.024. 6
3976- 589.437. 1. For purposes of this section and section 1
3977-43.650, the following persons shall be known as violent 2
3978-offenders: 3
3979- (1) Any person who is on probation or parole for: 4
3980- (a) The offense of murder in the first degree under 5
3981-section 565.020; 6
3982- (b) The offense of murder in the second degree under 7
3983-section 565.021; or 8
3984- (c) An offense in a jurisdiction outside of this state 9
3985-that would qualify under paragraph (a) or (b) of this 10
3986-subdivision if the offense were to have been committed in 11
3987-this state; and 12 SCS HB 2088, HB 1705, 123
3988- & HCS HB 1699
3989- (2) Any person who was found not guilty by reason of 13
3990-mental disease or defect of an offense listed under 14
3991-subdivision (1) of this subsection. 15
3992- 2. The division of probation and parole of the 16
3993-department of corrections, or the departme nt of mental 17
3994-health if the person qualifies as a violent offender under 18
3995-subdivision (2) of subsection 1 of this section, shall 19
3996-notify the Missouri state highway patrol if a violent 20
3997-offender is placed on probation or parole, is placed on 21
3998-conditional release, is removed from probation or parole, or 22
3999-relocates to this state under the interstate compact for 23
4000-adult offender supervision, sections 589.500 to 589.569, so 24
4001-that the Missouri state highway patrol can update the 25
4002-offender registry under section 43 .650. 26
4003- 589.564. 1. Upon a petition from the state, a circuit 1
4004-court is authorized to add any condition to a term of 2
4005-probation for an offender supervised in this state for a 3
4006-term of probation ordered by another state, including shock 4
4007-incarceration; however, the court shall not reduce, extend, 5
4008-or revoke such a term of probation. The circuit court for 6
4009-the jurisdiction in which a probationer is under supervision 7
4010-shall serve as the authorizing court for the purposes of 8
4011-this section. The prosecuting attorney or circuit attorney 9
4012-for the jurisdiction in which a probationer is under 10
4013-supervision shall serve as the authorized person to petition 11
4014-the court to add a condition of probation. Notwithstanding 12
4015-any provision of section 549.500 or 559.125, the division of 13
4016-probation and parole may submit violation reports to the 14
4017-prosecuting attorney or circuit attorney with authority to 15
4018-petition the court to add a condition to a term of probation 16
4019-under this section. 17 SCS HB 2088, HB 1705, 124
4020- & HCS HB 1699
4021- 2. If supervision of a parolee in Missouri is 18
4022-administered pursuant to this compact, the division of 19
4023-probation and parole shall have the authority to impose a 20
4024-sanction or additional conditions in response to written 21
4025-violations of supervision; however, the division of 22
4026-probation and parole shall not reduce, extend, or revoke 23
4027-such a term of parole. 24
4028- 589.565. A Missouri probationer or parolee seeking 1
4029-transfer of their supervision through this compact shall pay 2
4030-a fee for each transfer application submitted in the amount 3
4031-of one hundred seventy -five dollars. The transfer 4
4032-application fee shall be paid to the compact commissioner 5
4033-upon submission of the transfer application. The 6
4034-commissioner or commissioner's designee may waive the 7
4035-application fee if eith er the commissioner or the 8
4036-commissioner's designee finds that payment of the fee would 9
4037-constitute an undue economic burden on the offender. All 10
4038-fees collected pursuant to this section shall be paid and 11
4039-deposited to the credit of the "Missouri Intersta te Compact 12
4040-Fund", which is hereby established in the state treasury. 13
4041-The state treasurer shall be custodian of the fund. In 14
4042-accordance with sections 30.170 and 30.180, the state 15
4043-treasurer may approve disbursements. The fund shall be a 16
4044-dedicated fund and, upon appropriation, moneys in the fund 17
4045-shall be used for the sole benefit of the department of 18
4046-corrections in support of administration of this section; 19
4047-expenses related to assessment, retaking, staff development, 20
4048-and training; and implementatio n of evidence-based practices 21
4049-in support of offenders under supervision. Notwithstanding 22
4050-the provisions of section 33.080 to the contrary, any moneys 23
4051-remaining in the fund at the end of the biennium shall not 24
4052-revert to the credit of the general revenu e fund. The state 25 SCS HB 2088, HB 1705, 125
4053- & HCS HB 1699
4054-treasurer shall invest moneys in the fund in the same manner 26
4055-as other funds are invested. Any interest and moneys earned 27
4056-on such investments shall be credited to the fund. 28
4057- 590.040. 1. The POST commission shall se t the minimum 1
4058-number of hours of basic training for licensure as a peace 2
4059-officer no lower [than four hundred seventy and no higher ] 3
4060-than six hundred, with the following exceptions: 4
4061- (1) Up to one thousand hours may be mandated for any 5
4062-class of license required for commission by a state law 6
4063-enforcement agency; 7
4064- (2) As few as one hundred twenty hours may be mandated 8
4065-for any class of license restricted to commission as a 9
4066-reserve peace officer with police powers limited to the 10
4067-commissioning political subdivision; 11
4068- (3) Persons validly licensed on August 28, 2001, may 12
4069-retain licensure without additional basic training; 13
4070- (4) Persons licensed and commissioned within a county 14
4071-of the third classification before July 1, 2002, may retain 15
4072-licensure with one hundred twenty hours of basic training if 16
4073-the commissioning political subdivision has adopted an order 17
4074-or ordinance to that effect; 18
4075- (5) Persons serving as a reserve officer on August 27, 19
4076-2001, within a county of the first classif ication or a 20
4077-county with a charter form of government and with more than 21
4078-one million inhabitants on August 27, 2001, having 22
4079-previously completed a minimum of one hundred sixty hours of 23
4080-training, shall be granted a license necessary to function 24
4081-as a reserve peace officer only within such county. For the 25
4082-purposes of this subdivision, the term "reserve officer" 26
4083-shall mean any person who serves in a less than full -time 27
4084-law enforcement capacity, with or without pay and who, 28
4085-without certification, has n o power of arrest and who, 29 SCS HB 2088, HB 1705, 126
4086- & HCS HB 1699
4087-without certification, must be under the direct and 30
4088-immediate accompaniment of a certified peace officer of the 31
4089-same agency at all times while on duty; and 32
4090- (6) The POST commission shall provide for the 33
4091-recognition of basic training received at law enforcement 34
4092-training centers of other states, the military, the federal 35
4093-government and territories of the United States regardless 36
4094-of the number of hours included in such training and shall 37
4095-have authority to require supplem ental training as a 38
4096-condition of eligibility for licensure. 39
4097- 2. The director shall have the authority to limit any 40
4098-exception provided in subsection 1 of this section to 41
4099-persons remaining in the same commission or transferring to 42
4100-a commission in a similar jurisdiction. 43
4101- 3. The basic training of every peace officer, except 44
4102-agents of the conservation commission, shall include at 45
4103-least thirty hours of training in the investigation and 46
4104-management of cases involving domestic and family violence. 47
4105-Such training shall include instruction, specific to 48
4106-domestic and family violence cases, regarding: report 49
4107-writing; physical abuse, sexual abuse, child fatalities and 50
4108-child neglect; interviewing children and alleged 51
4109-perpetrators; the nature, extent and causes of domestic and 52
4110-family violence; the safety of victims, other family and 53
4111-household members and investigating officers; legal rights 54
4112-and remedies available to victims, including rights to 55
4113-compensation and the enforcement of civil and criminal 56
4114-remedies; services available to victims and their children; 57
4115-the effects of cultural, racial and gender bias in law 58
4116-enforcement; and state statutes. Said curriculum shall be 59
4117-developed and presented in consultation with the department 60
4118-of health and senior services, the children's division, 61 SCS HB 2088, HB 1705, 127
4119- & HCS HB 1699
4120-public and private providers of programs for victims of 62
4121-domestic and family violence, persons who have demonstrated 63
4122-expertise in training and education concerning domestic and 64
4123-family violence, and the Missouri co alition against domestic 65
4124-violence. 66
4125- 590.080. 1. The director shall have cause to 1
4126-discipline any peace officer licensee who: 2
4127- (1) Is unable to perform the functions of a peace 3
4128-officer with reasonable competency or reasonable safe ty [as 4
4129-a result of a mental condition, including alcohol or 5
4130-substance abuse]; 6
4131- (2) Has committed any criminal offense, whether or not 7
4132-a criminal charge has been filed; 8
4133- (3) Has been convicted, or has entered a plea of 9
4134-guilty or nolo contender e, in a criminal prosecution under 10
4135-the laws of any state, or the United States, or of any 11
4136-country, regardless of whether or not sentence is imposed; 12
4137- (4) Has committed any act [while on active duty or 13
4138-under color of law] that involves moral turpitu de or a 14
4139-reckless disregard for the safety of the public or any 15
4140-person; 16
4141- [(4)] (5) Has caused a material fact to be 17
4142-misrepresented for the purpose of obtaining or retaining a 18
4143-peace officer commission or any license issued pursuant to 19
4144-this chapter; 20
4145- [(5)] (6) Has violated a condition of any order of 21
4146-probation lawfully issued by the director; [or 22
4147- (6)] (7) Has violated a provision of this chapter or a 23
4148-rule promulgated pursuant to this chapter ; 24
4149- (8) Has tested positive for a controlle d substance, as 25
4150-defined in chapter 195, without a valid prescription for the 26
4151-controlled substance; 27 SCS HB 2088, HB 1705, 128
4152- & HCS HB 1699
4153- (9) Is subject to an order of another state, 28
4154-territory, the federal government, or any peace officer 29
4155-licensing authority suspending or revoking a p eace officer 30
4156-license or certification; or 31
4157- (10) Has committed any act of gross misconduct 32
4158-indicating inability to function as a peace officer . 33
4159- 2. When the director has knowledge of cause to 34
4160-discipline a peace officer license pursuant to this section, 35
4161-the director may cause a complaint to be filed with the 36
4162-administrative hearing commission, which shall conduct a 37
4163-hearing to determine whether the director has cause for 38
4164-discipline, and which shall issue findings of fact and 39
4165-conclusions of law on the matter. The administrative 40
4166-hearing commission shall not consider the relative severity 41
4167-of the cause for discipline or any rehabilitation of the 42
4168-licensee or otherwise impinge upon the discretion of the 43
4169-director to determine appropriate discipli ne when cause 44
4170-exists pursuant to this section. 45
4171- 3. Upon a finding by the administrative hearing 46
4172-commission that cause to discipline exists, the director 47
4173-shall, within thirty days, hold a hearing to determine the 48
4174-form of discipline to be imposed an d thereafter shall 49
4175-probate, suspend, or permanently revoke the license at 50
4176-issue. If the licensee fails to appear at the director's 51
4177-hearing, this shall constitute a waiver of the right to such 52
4178-hearing. 53
4179- 4. Notice of any hearing pursuant to this ch apter or 54
4180-section may be made by certified mail to the licensee's 55
4181-address of record pursuant to subdivision (2) of subsection 56
4182-3 of section 590.130. Proof of refusal of the licensee to 57
4183-accept delivery or the inability of postal authorities to 58 SCS HB 2088, HB 1705, 129
4184- & HCS HB 1699
4185-deliver such certified mail shall be evidence that required 59
4186-notice has been given. Notice may be given by publication. 60
4187- 5. Nothing contained in this section shall prevent a 61
4188-licensee from informally disposing of a cause for discipline 62
4189-with the consent of th e director by voluntarily surrendering 63
4190-a license or by voluntarily submitting to discipline. 64
4191- 6. The provisions of chapter 621 and any amendments 65
4192-thereto, except those provisions or amendments that are in 66
4193-conflict with this chapter, shall apply to and govern the 67
4194-proceedings of the administrative hearing commission and 68
4195-pursuant to this section the rights and duties of the 69
4196-parties involved. 70
4197- 595.201. 1. This section shall be known and may be 1
4198-cited as the "Sexual Assault Survivo rs' Bill of Rights". 2
4199-These rights shall be in addition to other rights as 3
4200-designated by law and no person shall discourage a person 4
4201-from exercising these rights. For the purposes of this 5
4202-section, "sexual assault survivor" means any person who is 6
4203-fourteen years of age or older and who may be a victim of a 7
4204-sexual offense who presents themselves to an appropriate 8
4205-medical provider, law enforcement officer, prosecuting 9
4206-attorney, or court. 10
4207- 2. [The rights provided to survivors in this section 11
4208-attach whenever a survivor is subject to a forensic 12
4209-examination, as provided in section 595.220; and whenever a 13
4210-survivor is subject to an interview by a law enforcement 14
4211-official, prosecuting attorney, or defense attorney. ] A 15
4212-sexual assault survivor retains all the rights of this 16
4213-section [at all times] regardless of whether [the survivor 17
4214-agrees to participate in the criminal justice system or in 18
4215-family court; and regardless of whether the survivor 19
4216-consents to a forensic examination to collect sexual ass ault 20 SCS HB 2088, HB 1705, 130
4217- & HCS HB 1699
4218-forensic evidence. The following rights shall be afforded 21
4219-to sexual assault survivors ] a criminal investigation or 22
4220-prosecution results or if the survivor has previously waived 23
4221-any of these rights. A sexual assault survivor has the 24
4222-right to: 25
4223- (1) [A survivor has the right to ] Consult with an 26
4224-employee or volunteer of a rape crisis center [during any 27
4225-forensic examination that is subject to confidentiality 28
4226-requirements pursuant to section 455.003, as well as the 29
4227-right to have a support pers on of the survivor's choosing 30
4228-present, subject to federal regulations as provided in 42 31
4229-CFR 482; and during any interview by a law enforcement 32
4230-official, prosecuting attorney, or defense attorney. A 33
4231-survivor retains this right even if the survivor has waived 34
4232-the right in a previous examination or interview; 35
4233- (2) Reasonable costs incurred by a medical provider 36
4234-for the forensic examination portion of the examination of a 37
4235-survivor shall be paid by the department of public safety, 38
4236-out of appropriations made for that purpose, as provided 39
4237-under section 595.220. Evidentiary collection kits shall be 40
4238-developed and made available, subject to appropriations, to 41
4239-appropriate medical providers by the highway patrol or its 42
4240-designees and eligible crime lab oratories. All appropriate 43
4241-medical provider charges for eligible forensic examinations 44
4242-shall be billed to and paid by the department of public 45
4243-safety; 46
4244- (3) Before a medical provider commences a forensic 47
4245-examination of a survivor, the medical prov ider shall 48
4246-provide the survivor with a document to be developed by the 49
4247-department of public safety that explains the rights of 50
4248-survivors, pursuant to this section, in clear language that 51
4249-is comprehensible to a person proficient in English at the 52 SCS HB 2088, HB 1705, 131
4250- & HCS HB 1699
4251-fifth-grade level, accessible to persons with visual 53
4252-disabilities, and available in all major languages of the 54
4253-state. This document shall include, but is not limited to: 55
4254- (a) The survivor's rights pursuant to this section and 56
4255-other rules and regulation s by the department of public 57
4256-safety and the department of health and senior services, 58
4257-which shall be signed by the survivor of sexual assault to 59
4258-confirm receipt; 60
4259- (b) The survivor's right to consult with an employee 61
4260-or volunteer of a rape crisis center, to be summoned by the 62
4261-medical provider before the commencement of the forensic 63
4262-examination, unless no employee or volunteer of a rape 64
4263-crisis center can be summoned in a reasonably timely manner, 65
4264-and to have present at least one support person o f the 66
4265-victim's choosing; 67
4266- (c) If an employee or volunteer of a rape crisis 68
4267-center or a support person cannot be summoned in a timely 69
4268-manner, the ramifications of delaying the forensic 70
4269-examination; and 71
4270- (d) After the forensic examination, the survivor's 72
4271-right to shower at no cost, unless showering facilities are 73
4272-not reasonably available; 74
4273- (4) Before commencing an interview of a survivor, a 75
4274-law enforcement officer, prosecuting attorney, or defense 76
4275-attorney shall inform the survivor of t he following: 77
4276- (a) The survivor's rights pursuant to this section and 78
4277-other rules and regulations by the department of public 79
4278-safety and the department of health and senior services, 80
4279-which shall be signed by the survivor of sexual assault to 81
4280-confirm receipt; 82
4281- (b) The survivor's right to consult with an employee 83
4282-or volunteer of a rape crisis center during any interview by 84 SCS HB 2088, HB 1705, 132
4283- & HCS HB 1699
4284-a law enforcement official, prosecuting attorney, or defense 85
4285-attorney, to be summoned by the interviewer before the 86
4286-commencement of the interview, unless no employee or 87
4287-volunteer of a rape crisis center can be summoned in a 88
4288-reasonably timely manner; 89
4289- (c) The survivor's right to have a support person of 90
4290-the survivor's choosing present during any interview by a 91
4291-law enforcement officer, prosecuting attorney, or defense 92
4292-attorney, unless the law enforcement officer, prosecuting 93
4293-attorney, or defense attorney determines in his or her good 94
4294-faith professional judgment that the presence of that 95
4295-individual would be detrime ntal to the purpose of the 96
4296-interview; and 97
4297- (d) For interviews by a law enforcement officer, the 98
4298-survivor's right to be interviewed by a law enforcement 99
4299-official of the gender of the survivor's choosing. If no 100
4300-law enforcement official of that gend er is reasonably 101
4301-available, the survivor shall be interviewed by an available 102
4302-law enforcement official only upon the survivor's consent; 103
4303- (5) The right to counsel during an interview by a law 104
4304-enforcement officer or during any interaction with the l egal 105
4305-or criminal justice systems within the state; 106
4306- (6) A law enforcement official, prosecuting attorney, 107
4307-or defense attorney shall not, for any reason, discourage a 108
4308-survivor from receiving a forensic examination; 109
4309- (7) A survivor has the right to prompt analysis of 110
4310-sexual assault forensic evidence, as provided under section 111
4311-595.220; 112
4312- (8) A survivor has the right to be informed, upon the 113
4313-survivor's request, of the results of the analysis of the 114
4314-survivor's sexual assault forensic evidenc e, whether the 115
4315-analysis yielded a DNA profile, and whether the analysis 116 SCS HB 2088, HB 1705, 133
4316- & HCS HB 1699
4317-yielded a DNA match, either to the named perpetrator or to a 117
4318-suspect already in CODIS. The survivor has the right to 118
4319-receive this information through a secure and confidential 119
4320-message in writing from the crime laboratory so that the 120
4321-survivor can call regarding the results; 121
4322- (9) A defendant or person accused or convicted of a 122
4323-crime against a survivor shall have no standing to object to 123
4324-any failure to comply with this sectio n, and the failure to 124
4325-provide a right or notice to a survivor under this section 125
4326-may not be used by a defendant to seek to have the 126
4327-conviction or sentence set aside; 127
4328- (10) The failure of a law enforcement agency to take 128
4329-possession of any sexual as sault forensic evidence or to 129
4330-submit that evidence for analysis within the time prescribed 130
4331-under section 595.220 does not alter the authority of a law 131
4332-enforcement agency to take possession of that evidence or to 132
4333-submit that evidence to the crime labora tory, and does not 133
4334-alter the authority of the crime laboratory to accept and 134
4335-analyze the evidence or to upload the DNA profile obtained 135
4336-from that evidence into CODIS. The failure to comply with 136
4337-the requirements of this section does not constitute grou nds 137
4338-in any criminal or civil proceeding for challenging the 138
4339-validity of a database match or of any database information, 139
4340-and any evidence of that DNA record shall not be excluded by 140
4341-a court on those grounds; 141
4342- (11) No sexual assault forensic eviden ce shall be used 142
4343-to prosecute a survivor for any misdemeanor crimes or any 143
4344-misdemeanor crime pursuant to sections 579.015 to 579.185; 144
4345-or as a basis to search for further evidence of any 145
4346-unrelated misdemeanor crimes or any misdemeanor crime 146
4347-pursuant to sections 579.015 to 579.185, that shall have 147
4348-been committed by the survivor, except that sexual assault 148 SCS HB 2088, HB 1705, 134
4349- & HCS HB 1699
4350-forensic evidence shall be admissible as evidence in any 149
4351-criminal or civil proceeding against the defendant or person 150
4352-accused; 151
4353- (12) Upon initial interaction with a survivor, a law 152
4354-enforcement officer shall provide the survivor with a 153
4355-document to be developed by the department of public safety 154
4356-that explains the rights of survivors, pursuant to this 155
4357-section, in clear language that is compr ehensible to a 156
4358-person proficient in English at the fifth -grade level, 157
4359-accessible to persons with visual disabilities, and 158
4360-available in all major languages of the state. This 159
4361-document shall include, but is not limited to: 160
4362- (a) A clear statement th at a survivor is not required 161
4363-to participate in the criminal justice system or to receive 162
4364-a forensic examination in order to retain the rights 163
4365-provided by this section and other relevant law; 164
4366- (b) Telephone and internet means of contacting nearby 165
4367-rape crisis centers and employees or volunteers of a rape 166
4368-crisis center; 167
4369- (c) Forms of law enforcement protection available to 168
4370-the survivor, including temporary protection orders, and 169
4371-the process to obtain such protection; 170
4372- (d) Instructions for requesting the results of the 171
4373-analysis of the survivor's sexual assault forensic 172
4374-evidence; and 173
4375- (e) State and federal compensation funds for medical 174
4376-and other costs associated with the sexual assault and any 175
4377-municipal, state, or federal right to restitution for 176
4378-survivors in the event of a criminal trial; 177
4379- (13) A law enforcement official shall, upon written 178
4380-request by a survivor, furnish within fourteen days of 179
4381-receiving such request a free, complete, and unaltered copy 180 SCS HB 2088, HB 1705, 135
4382- & HCS HB 1699
4383-of all law enforcement reports concerning the sexual 181
4384-assault, regardless of whether the report has been closed by 182
4385-the law enforcement agency; 183
4386- (14) A prosecuting attorney shall, upon written 184
4387-request by a survivor, provide: 185
4388- (a) Timely notice of any pretrial disposition of the 186
4389-case; 187
4390- (b) Timely notice of the final disposition of the 188
4391-case, including the conviction, sentence, and place and time 189
4392-of incarceration; 190
4393- (c) Timely notice of a convicted defendant's location, 191
4394-including whenever the defendan t receives a temporary, 192
4395-provisional, or final release from custody, escapes from 193
4396-custody, is moved from a secure facility to a less secure 194
4397-facility, or reenters custody; and 195
4398- (d) A convicted defendant's information on a sex 196
4399-offender registry, if a ny; 197
4400- (15) In either a civil or criminal case relating to 198
4401-the sexual assault, a survivor has the right to be 199
4402-reasonably protected from the defendant and persons acting 200
4403-on behalf of the defendant, as provided under section 201
4404-595.209 and Article I, Sec tion 32 of the Missouri 202
4405-Constitution; 203
4406- (16) A survivor has the right to be free from 204
4407-intimidation, harassment, and abuse, as provided under 205
4408-section 595.209 and Article I, Section 32 of the Missouri 206
4409-Constitution; 207
4410- (17) A survivor shall not be required to submit to a 208
4411-polygraph examination as a prerequisite to filing an 209
4412-accusatory pleading, as provided under 595.223, or to 210
4413-participating in any part of the criminal justice system; 211 SCS HB 2088, HB 1705, 136
4414- & HCS HB 1699
4415- (18) A survivor has the right to be heard through a 212
4416-survivor impact statement at any proceeding involving a post 213
4417-arrest release decision, plea, sentencing, post conviction 214
4418-release decision, or any other proceeding where a right of 215
4419-the survivor is at issue, as provided under section 595.229 216
4420-and Article I, Section 32 of the Missouri Constitution. 217
4421- 3. For purposes of this section, the following terms 218
4422-mean: 219
4423- (1) "CODIS", the Federal Bureau of Investigation's 220
4424-Combined DNA Index System that allows the storage and 221
4425-exchange of DNA records submitted by fe deral, state, and 222
4426-local DNA crime laboratories. The term "CODIS" includes the 223
4427-National DNA Index System administered and operated by the 224
4428-Federal Bureau of Investigation; 225
4429- (2) "Crime", an act committed in this state which, 226
4430-regardless of whether it is adjudicated, involves the 227
4431-application of force or violence or the threat of force or 228
4432-violence by the offender upon the victim and shall include 229
4433-the crime of driving while intoxicated, vehicular 230
4434-manslaughter and hit and run; and provided, further, t hat no 231
4435-act involving the operation of a motor vehicle, except 232
4436-driving while intoxicated, vehicular manslaughter and hit 233
4437-and run, which results in injury to another shall constitute 234
4438-a crime for the purpose of this section, unless such injury 235
4439-was intentionally inflicted through the use of a motor 236
4440-vehicle. A crime shall also include an act of terrorism, as 237
4441-defined in 18 U.S.C. Section 2331, which has been committed 238
4442-outside of the United States against a resident of Missouri; 239
4443- (3) "Crime laboratory", a laboratory operated or 240
4444-supported financially by the state, or any unit of city, 241
4445-county, or other local Missouri government that employs at 242
4446-least one scientist who examines physical evidence in 243 SCS HB 2088, HB 1705, 137
4447- & HCS HB 1699
4448-criminal matters and provides expert or opinion testi mony 244
4449-with respect to such physical evidence in a state court of 245
4450-law; 246
4451- (4) "Disposition", the sentencing or determination of 247
4452-a penalty or punishment to be imposed upon a person 248
4453-convicted of a crime or found delinquent or against who a 249
4454-finding of sufficient facts for conviction or finding of 250
4455-delinquency is made; 251
4456- (5) "Law enforcement official", a sheriff and his 252
4457-regular deputies, municipal police officer, or member of the 253
4458-Missouri state highway patrol and such other persons as may 254
4459-be designated by law as peace officers; 255
4460- (6) "Medical provider", any qualified health care 256
4461-professional, hospital, other emergency medical facility, or 257
4462-other facility conducting a forensic examination of the 258
4463-survivor; 259
4464- (7) "Rape crisis center", any pub lic or private agency 260
4465-that offers assistance to victims of sexual assault, as the 261
4466-term sexual assault is defined in section 455.010, who are 262
4467-adults, as defined by section 455.010, or qualified minors, 263
4468-as defined by section 431.056; 264
4469- (8) "Restitution", money or services which a court 265
4470-orders a defendant to pay or render to a survivor as part of 266
4471-the disposition; 267
4472- (9) "Sexual assault survivor", any person who is a 268
4473-victim of an alleged sexual offense under sections 566.010 269
4474-to 566.223 and, if th e survivor is incompetent, deceased, or 270
4475-a minor who is unable to consent to counseling services, the 271
4476-parent, guardian, spouse, or any other lawful representative 272
4477-of the survivor, unless such person is the alleged assailant; 273
4478- (10) "Sexual assault forensic evidence", any human 274
4479-biological specimen collected by a medical provider during a 275 SCS HB 2088, HB 1705, 138
4480- & HCS HB 1699
4481-forensic medical examination from an alleged survivor, as 276
4482-provided for in section 595.220, including, but not limited 277
4483-to, a toxicology kit; 278
4484- (11) "Survivor", a natural person who suffers direct 279
4485-or threatened physical, emotional, or financial harm as the 280
4486-result of the commission or attempted commission of a 281
4487-crime. The term "victim" also includes the family members 282
4488-of a minor, incompetent or homicide victim. ] as defined in 283
4489-section 455.003; 284
4490- (2) A sexual assault forensic examination as provided 285
4491-in section 595.220, or when a telehealth network is 286
4492-established, a forensic examination as provided in section 287
4493-192.2520 and section 197.135; 288
4494- (3) A shower and a change of clothing, as reasonably 289
4495-available, at no cost to the sexual assault survivor; 290
4496- (4) Request to be examined by an appropriate medical 291
4497-provider or interviewed by a law enforcement officer of the 292
4498-gender of the sexual assault survivor's choosing, when there 293
4499-is an available appropriate medical provider or law 294
4500-enforcement official of the gender of the sexual assault 295
4501-survivor's choosing; 296
4502- (5) An interpreter who can communicate in the language 297
4503-of the sexual assault survivor's choice , as is reasonably 298
4504-available, in a timely manner; 299
4505- (6) Notification and basic overview of the options of 300
4506-choosing a reported evidentiary collection kit, unreported 301
4507-evidentiary collection kit, or anonymous evidentiary 302
4508-collection kit as defined in s ection 595.220; 303
4509- (7) Notification about the evidence tracking system as 304
4510-defined in subsection 9 of section 595.220; 305
4511- (8) Notification about the right to information 306
4512-pursuant to subsection 4 of section 610.100; 307 SCS HB 2088, HB 1705, 139
4513- & HCS HB 1699
4514- (9) Be free from intimidatio n, harassment, and abuse 308
4515-in any related criminal or civil proceeding and the right to 309
4516-reasonable protection from the offender or any person acting 310
4517-on behalf of the offender from harm and threats of harm 311
4518-arising out of the survivor's disclosure of the s exual 312
4519-assault. 313
4520- 3. An appropriate medical provider, law enforcement 314
4521-officer, and prosecuting attorney shall provide the sexual 315
4522-assault survivor with notification of the rights of 316
4523-survivors pursuant to subsection 2 of this section in a 317
4524-timely manner. Each appropriate medical provider, law 318
4525-enforcement officer, and prosecuting attorney shall ensure 319
4526-that the sexual assault survivor has been notified of these 320
4527-rights. 321
4528- 4. The department of public safety shall develop a 322
4529-document in collaboratio n with Missouri-based stakeholders. 323
4530-Missouri-based stakeholders shall include, but not be 324
4531-limited to, the following: 325
4532- (1) Prosecuting attorneys; 326
4533- (2) Chief law enforcement officers or their designees; 327
4534- (3) Appropriate medical providers, a s defined in 328
4535-section 595.220; 329
4536- (4) Representatives of the statewide coalition against 330
4537-domestic and sexual violence; 331
4538- (5) Representatives of rape crisis centers; 332
4539- (6) Representatives of the Missouri Hospital 333
4540-Association; 334
4541- (7) The director of the Missouri highway patrol crime 335
4542-lab or their designee; and 336
4543- (8) The director of the department of health and 337
4544-senior services or their designee. 338
4545- 5. The document shall include the following: 339 SCS HB 2088, HB 1705, 140
4546- & HCS HB 1699
4547- (1) A description of the rights of the sexual assault 340
4548-survivor pursuant to this section; and 341
4549- (2) Telephone and internet means for contacting the 342
4550-local rape crisis center, as defined in section 455.003. 343
4551-The department of public safety shall provide this document 344
4552-in clear language that is comprehensible to a person 345
4553-proficient in English and shall provide this document in any 346
4554-other foreign language spoken by at least five percent of 347
4555-the population in any county or city not within a county in 348
4556-Missouri. 349
4557- 595.226. 1. After August 28, 2007, any information 1
4558-contained in any court record, whether written or published 2
4559-on the internet, including any visual or aural recordings 3
4560-that could be used to identify or locate any victim of an 4
4561-offense under chapter 566 or a victim of domestic assault or 5
4562-stalking shall be closed and redacted from such record prior 6
4563-to disclosure to the public. Identifying information shall 7
4564-include, but shall not be limited to, the name, home or 8
4565-temporary address, personal email address, telephone number, 9
4566-Social Security number, birth date, place of employment, any 10
4567-health information, including human immunodeficiency virus 11
4568-(HIV) status, any information from a forensic testing 12
4569-report, or physical characteristics, including an 13
4570-unobstructed visual image of the victim's face or body. 14
4571- 2. [If the court determines that a person or entity 15
4572-who is requesting identifying information of a victim has a 16
4573-legitimate interest in obtaining such information, the court 17
4574-may allow access to the information , but only if the court 18
4575-determines that disclosure to the person or entity would not 19
4576-compromise the welfare or safety of such victim, ] Any person 20
4577-who is requesting identifying information of a victim and 21 SCS HB 2088, HB 1705, 141
4578- & HCS HB 1699
4579-who has a legitimate interest in obtaining such information 22
4580-may petition the court for an in camera inspection of the 23
4581-records. If the court determines the person is entitled to 24
4582-all or any part of such records, the court may order 25
4583-production and disclosure of the records, but only if the 26
4584-court determines that the disclosure to the person or entity 27
4585-would not compromise the welfare or safety of the victim, 28
4586-and only after providing reasonable notice to the victim and 29
4587-after allowing the victim the right to respond to such 30
4588-request. 31
4589- 3. Notwithstanding the provisions of subsection 1 of 32
4590-this section, the judge presiding over a case under chapter 33
4591-566 or a case of domestic assault or stalking shall have the 34
4592-discretion to publicly disclose identifying information 35
4593-regarding the defendant which coul d be used to identify or 36
4594-locate the victim of the crime. The victim may provide a 37
4595-statement to the court regarding whether he or she desires 38
4596-such information to remain closed. When making the decision 39
4597-to disclose such information, the judge shall con sider the 40
4598-welfare and safety of the victim and any statement to the 41
4599-court received from the victim regarding the disclosure. 42
4600- 595.320. If a judge orders a person who has been 1
4601-convicted of an offense under sections 565.072 to 565.076 to 2
4602-attend any batterer intervention program, as defined in 3
4603-section 455.549, the person shall be financially responsible 4
4604-for any costs associated with attending such class. 5
4605- 600.042. 1. The director shall: 1
4606- (1) Direct and supervise the work of the deputy 2
4607-directors and other state public defender office personnel 3
4608-appointed pursuant to this chapter; and he or she and the 4
4609-deputy director or directors may participate in the trial 5 SCS HB 2088, HB 1705, 142
4610- & HCS HB 1699
4611-and appeal of criminal actions at the request of t he 6
4612-defender; 7
4613- (2) Submit to the commission, between August fifteenth 8
4614-and September fifteenth of each year, a report which shall 9
4615-include all pertinent data on the operation of the state 10
4616-public defender system, the costs, projected needs, and 11
4617-recommendations for statutory changes. Prior to October 12
4618-fifteenth of each year, the commission shall submit such 13
4619-report along with such recommendations, comments, 14
4620-conclusions, or other pertinent information it chooses to 15
4621-make to the chief justice, the gove rnor, and the general 16
4622-assembly. Such reports shall be a public record, shall be 17
4623-maintained in the office of the state public defender, and 18
4624-shall be otherwise distributed as the commission shall 19
4625-direct; 20
4626- (3) With the approval of the commission, es tablish 21
4627-such divisions, facilities and offices and select such 22
4628-professional, technical and other personnel, including 23
4629-investigators, as he deems reasonably necessary for the 24
4630-efficient operation and discharge of the duties of the state 25
4631-public defender system under this chapter; 26
4632- (4) Administer and coordinate the operations of 27
4633-defender services and be responsible for the overall 28
4634-supervision of all personnel, offices, divisions and 29
4635-facilities of the state public defender system, except that 30
4636-the director shall have no authority to direct or control 31
4637-the legal defense provided by a defender to any person 32
4638-served by the state public defender system; 33
4639- (5) Develop programs and administer activities to 34
4640-achieve the purposes of this chapter; 35
4641- (6) Keep and maintain proper financial records with 36
4642-respect to the provision of all public defender services for 37 SCS HB 2088, HB 1705, 143
4643- & HCS HB 1699
4644-use in the calculating of direct and indirect costs of any 38
4645-or all aspects of the operation of the state public defender 39
4646-system; 40
4647- (7) Supervise the training of all public defenders and 41
4648-other personnel and establish such training courses as shall 42
4649-be appropriate; 43
4650- (8) With approval of the commission, promulgate 44
4651-necessary rules, regulations and instructions consistent 45
4652-with this chapter defining the organization of the state 46
4653-public defender system and the responsibilities of division 47
4654-directors, district defenders, deputy district defenders, 48
4655-assistant public defenders and other personnel; 49
4656- (9) With the approval of the commission , apply for and 50
4657-accept on behalf of the public defender system any funds 51
4658-which may be offered or which may become available from 52
4659-government grants, private gifts, donations or bequests or 53
4660-from any other source. Such moneys shall be deposited in 54
4661-the [state general revenue ] public defender - federal and 55
4662-other fund; 56
4663- (10) Contract for legal services with private 57
4664-attorneys on a case-by-case basis and with assigned counsel 58
4665-as the commission deems necessary considering the needs of 59
4666-the area, for fees approved and established by the 60
4667-commission; 61
4668- (11) With the approval and on behalf of the 62
4669-commission, contract with private attorneys for the 63
4670-collection and enforcement of liens and other judgments owed 64
4671-to the state for services rendered by the state public 65
4672-defender system. 66
4673- 2. No rule or portion of a rule promulgated under the 67
4674-authority of this chapter shall become effective unless it 68 SCS HB 2088, HB 1705, 144
4675- & HCS HB 1699
4676-has been promulgated pursuant to the provisions of section 69
4677-536.024. 70
4678- 3. The director and defenders shall, within guidelines 71
4679-as established by the commission and as set forth in 72
4680-subsection 4 of this section, accept requests for legal 73
4681-services from eligible persons entitled to counsel under 74
4682-this chapter or otherwise so entitled under the constitution 75
4683-or laws of the United States or of the state of Missouri and 76
4684-provide such persons with legal services when, in the 77
4685-discretion of the director or the defenders, such provision 78
4686-of legal services is appropriate. 79
4687- 4. The director and defenders shall provide legal 80
4688-services to an eligible person: 81
4689- (1) Who is detained or charged with a felony, 82
4690-including appeals from a conviction in such a case; 83
4691- (2) Who is detained or charged with a misdemeanor 84
4692-which will probably result in confinement in th e county jail 85
4693-upon conviction, including appeals from a conviction in such 86
4694-a case, unless the prosecuting or circuit attorney has 87
4695-waived a jail sentence; 88
4696- (3) Who is charged with a violation of probation when 89
4697-it has been determined by a judge that the appointment of 90
4698-counsel is necessary to protect the person's due process 91
4699-rights under section 559.036; 92
4700- (4) Who has been taken into custody pursuant to 93
4701-section 632.489, including appeals from a determination that 94
4702-the person is a sexually viole nt predator and petitions for 95
4703-release, notwithstanding any provisions of law to the 96
4704-contrary; 97
4705- (5) For whom the federal constitution or the state 98
4706-constitution requires the appointment of counsel; and 99 SCS HB 2088, HB 1705, 145
4707- & HCS HB 1699
4708- (6) Who is charged in a case in which he o r she faces 100
4709-a loss or deprivation of liberty, and in which the federal 101
4710-or the state constitution or any law of this state requires 102
4711-the appointment of counsel; however, the director and the 103
4712-defenders shall not be required to provide legal services to 104
4713-persons charged with violations of county or municipal 105
4714-ordinances, or misdemeanor offenses except as provided in 106
4715-this section. 107
4716- 5. The director may: 108
4717- (1) Delegate the legal representation of an eligible 109
4718-person to any member of the state bar of Missouri; 110
4719- (2) Designate persons as representatives of the 111
4720-director for the purpose of making indigency determinations 112
4721-and assigning counsel. 113
4722- 6. There is hereby created within the state treasury 114
4723-the "Public Defender - Federal and Other Fund", which shall 115
4724-be funded annually by appropriation, and which shall contain 116
4725-moneys received from any other funds from government grants, 117
4726-private gifts, donations, bequests, or any other source to 118
4727-be used for the purpose of funding local offices of the 119
4728-office of the state public defender. The state treasurer 120
4729-shall be the custodian of the fund and shall approve 121
4730-disbursements from the fund upon the request of the director 122
4731-of the office of state public defender. Any interest or 123
4732-other earnings with resp ect to amounts transferred to the 124
4733-fund shall be credited to the fund. Notwithstanding the 125
4734-provisions of section 33.080 to the contrary, any unexpended 126
4735-balances in the fund at the end of any fiscal year shall not 127
4736-be transferred to the general revenue f und or any other fund. 128
4737- 630.155. 1. A person commits the offense of patient, 1
4738-resident or client abuse or neglect against any person 2
4739-admitted on a voluntary or involuntary basis to any mental 3 SCS HB 2088, HB 1705, 146
4740- & HCS HB 1699
4741-health facility or mental health program i n which people may 4
4742-be civilly detained pursuant to chapter 632, or any patient, 5
4743-resident or client of any residential facility, day program 6
4744-or specialized service operated, funded or licensed by the 7
4745-department if he knowingly does any of the following: 8
4746- (1) Beats, strikes or injures any person, patient, 9
4747-resident or client; 10
4748- (2) Mistreats or maltreats, handles or treats any such 11
4749-person, patient, resident or client in a brutal or inhuman 12
4750-manner; 13
4751- (3) Uses any more force than is reasonabl y necessary 14
4752-for the proper control, treatment or management of such 15
4753-person, patient, resident or client; 16
4754- (4) Fails to provide services which are reasonable and 17
4755-necessary to maintain the physical and mental health of any 18
4756-person, patient, resident or client when such failure 19
4757-presents either an imminent danger to the health, safety or 20
4758-welfare of the person, patient, resident or client, or a 21
4759-substantial probability that death or serious physical harm 22
4760-will result. 23
4761- 2. Patient, resident or clie nt abuse or neglect is a 24
4762-class A misdemeanor unless committed under subdivision (2) 25
4763-or (4) of subsection 1 of this section in which case such 26
4764-abuse or neglect shall be a class [E] D felony. 27
4765- 632.305. 1. An application for detention f or 1
4766-evaluation and treatment may be executed by any adult 2
4767-person, who need not be an attorney or represented by an 3
4768-attorney, including the mental health coordinator, on a form 4
4769-provided by the court for such purpose, and [must] shall 5
4770-allege under oath, without a notarization requirement, that 6
4771-the applicant has reason to believe that the respondent is 7
4772-suffering from a mental disorder and presents a likelihood 8 SCS HB 2088, HB 1705, 147
4773- & HCS HB 1699
4774-of serious harm to himself or herself or to others. The 9
4775-application [must] shall specify the factual information on 10
4776-which such belief is based and should contain the names and 11
4777-addresses of all persons known to the applicant who have 12
4778-knowledge of such facts through personal observation. 13
4779- 2. The filing of a written application in court by a ny 14
4780-adult person, who need not be an attorney or represented by 15
4781-an attorney, including the mental health coordinator, shall 16
4782-authorize the applicant to bring the matter before the court 17
4783-on an ex parte basis to determine whether the respondent 18
4784-should be taken into custody and transported to a mental 19
4785-health facility. The application may be filed in the court 20
4786-having probate jurisdiction in any county where the 21
4787-respondent may be found. If the court finds that there is 22
4788-probable cause, either upon testim ony under oath or upon a 23
4789-review of affidavits, to believe that the respondent may be 24
4790-suffering from a mental disorder and presents a likelihood 25
4791-of serious harm to himself or herself or others, it shall 26
4792-direct a peace officer to take the respondent into custody 27
4793-and transport him or her to a mental health facility for 28
4794-detention for evaluation and treatment for a period not to 29
4795-exceed ninety-six hours unless further detention and 30
4796-treatment is authorized pursuant to this chapter. Nothing 31
4797-herein shall be construed to prohibit the court, in the 32
4798-exercise of its discretion, from giving the respondent an 33
4799-opportunity to be heard. 34
4800- 3. A mental health coordinator may request a peace 35
4801-officer to take or a peace officer may take a person into 36
4802-custody for detention for evaluation and treatment for a 37
4803-period not to exceed ninety -six hours only when such mental 38
4804-health coordinator or peace officer has reasonable cause to 39
4805-believe that such person is suffering from a mental disorder 40 SCS HB 2088, HB 1705, 148
4806- & HCS HB 1699
4807-and that the likelihood of serious harm by such person to 41
4808-himself or herself or others is imminent unless such person 42
4809-is immediately taken into custody. Upon arrival at the 43
4810-mental health facility, the peace officer or mental health 44
4811-coordinator who conveyed such person or cause d him or her to 45
4812-be conveyed shall either present the application for 46
4813-detention for evaluation and treatment upon which the court 47
4814-has issued a finding of probable cause and the respondent 48
4815-was taken into custody or complete an application for 49
4816-initial detention for evaluation and treatment for a period 50
4817-not to exceed ninety -six hours which shall be based upon his 51
4818-or her own personal observations or investigations and shall 52
4819-contain the information required in subsection 1 of this 53
4820-section. 54
4821- 4. If a person presents himself or herself or is 55
4822-presented by others to a mental health facility and a 56
4823-licensed physician, a registered professional nurse or a 57
4824-mental health professional designated by the head of the 58
4825-facility and approved by the department for such purpose has 59
4826-reasonable cause to believe that the person is mentally 60
4827-disordered and presents an imminent likelihood of serious 61
4828-harm to himself or herself or others unless he or she is 62
4829-accepted for detention, the licensed physician, the mental 63
4830-health professional or the registered professional nurse 64
4831-designated by the facility and approved by the department 65
4832-may complete an application for detention for evaluation and 66
4833-treatment for a period not to exceed ninety -six hours. The 67
4834-application shall be based on his or her own personal 68
4835-observations or investigation and shall contain the 69
4836-information required in subsection 1 of this section. 70
4837- 5. Any oath required by the provisions of this section 71
4838-shall be subject to the provisions of section 492.0 60. 72 SCS HB 2088, HB 1705, 149
4839- & HCS HB 1699
4840- 650.320. For the purposes of sections 650.320 to 1
4841-650.340, the following terms mean: 2
4842- (1) "Board", the Missouri 911 service board 3
4843-established in section 650.325; 4
4844- (2) "Public safety answering point", the location at 5
4845-which 911 calls are answered; 6
4846- (3) "Telecommunicator first responder", any person 7
4847-employed as an emergency telephone worker, call taker or 8
4848-public safety dispatcher whose duties include receiving, 9
4849-processing or transmitting public safety information 10
4850-received through a 911 public safety answering point. 11
4851- 650.340. 1. The provisions of this section may be 1
4852-cited and shall be known as the "911 Training and Standards 2
4853-Act". 3
4854- 2. Initial training requirements for 4
4855-[telecommunicators] telecommunicator first responders who 5
4856-answer 911 calls that come to public safety answering points 6
4857-shall be as follows: 7
4858- (1) Police telecommunicator first responder, 16 hours; 8
4859- (2) Fire telecommunicator first responder, 16 hours; 9
4860- (3) Emergency medical services telecommunicator first 10
4861-responder, 16 hours; 11
4862- (4) Joint communication center telecommunicator first 12
4863-responder, 40 hours. 13
4864- 3. All persons employed as a telecommunicator first 14
4865-responder in this state shall be required to com plete 15
4866-ongoing training so long as such person engages in the 16
4867-occupation as a telecommunicator first responder. Such 17
4868-persons shall complete at least twenty -four hours of ongoing 18
4869-training every three years by such persons or organizations 19
4870-as provided in subsection 6 of this section. 20 SCS HB 2088, HB 1705, 150
4871- & HCS HB 1699
4872- 4. Any person employed as a telecommunicator on August 21
4873-28, 1999, shall not be required to complete the training 22
4874-requirement as provided in subsection 2 of this section. 23
4875-Any person hired as a telecommunicator or a telecommunicator 24
4876-first responder after August 28, 1999, shall complete the 25
4877-training requirements as provided in subsection 2 of this 26
4878-section within twelve months of the date such person is 27
4879-employed as a telecommunicator or telecommunicator first 28
4880-responder. 29
4881- 5. The training requirements as provided in subsection 30
4882-2 of this section shall be waived for any person who 31
4883-furnishes proof to the committee that such person has 32
4884-completed training in another state which is at least as 33
4885-stringent as the train ing requirements of subsection 2 of 34
4886-this section. 35
4887- 6. The board shall determine by administrative rule 36
4888-the persons or organizations authorized to conduct the 37
4889-training as required by subsection 2 of this section. 38
4890- 7. This section shall not appl y to an emergency 39
4891-medical dispatcher or dispatch agency as defined in section 40
4892-190.100, or a person trained by an entity accredited or 41
4893-certified under section 190.131, or a person who provides 42
4894-prearrival medical instructions who works for an agency 43
4895-which meets the requirements set forth in section 190.134. 44
4896- [217.703. 1. The division of probation 1
4897-and parole shall award earned compliance credits 2
4898-to any offender who is: 3
4899- (1) Not subject to lifetime supervision 4
4900-under sections 217.735 and 559.106 or otherwise 5
4901-found to be ineligible to earn credits by a 6
4902-court pursuant to subsection 2 of this section; 7
4903- (2) On probation, parole, or conditional 8
4904-release for an offense listed in chapter 579, or 9
4905-an offense previously listed in ch apter 195, or 10
4906-for a class D or E felony, excluding sections 11
4907-565.225, 565.252, 566.031, 566.061, 566.083, 12
4908-566.093, 568.020, 568.060, offenses defined as 13
4909-sexual assault under section 589.015, deviate 14 SCS HB 2088, HB 1705, 151
4910- & HCS HB 1699
4911-sexual assault, assault in the second degree 15
4912-under subdivision (2) of subsection 1 of section 16
4913-565.052, endangering the welfare of a child in 17
4914-the first degree under subdivision (2) of 18
4915-subsection 1 of section 568.045, and any offense 19
4916-of aggravated stalking or assault in the second 20
4917-degree under subdivisio n (2) of subsection 1 of 21
4918-section 565.060 as such offenses existed prior 22
4919-to January 1, 2017; 23
4920- (3) Supervised by the division of 24
4921-probation and parole; and 25
4922- (4) In compliance with the conditions of 26
4923-supervision imposed by the sentencing court or 27
4924-board. 28
4925- 2. If an offender was placed on probation, 29
4926-parole, or conditional release for an offense of: 30
4927- (1) Involuntary manslaughter in the second 31
4928-degree; 32
4929- (2) Assault in the second degree except 33
4930-under subdivision (2) of subsection 1 of se ction 34
4931-565.052 or section 565.060 as it existed prior 35
4932-to January 1, 2017; 36
4933- (3) Domestic assault in the second degree; 37
4934- (4) Assault in the third degree when the 38
4935-victim is a special victim or assault of a law 39
4936-enforcement officer in the second de gree as it 40
4937-existed prior to January 1, 2017; 41
4938- (5) Statutory rape in the second degree; 42
4939- (6) Statutory sodomy in the second degree; 43
4940- (7) Endangering the welfare of a child in 44
4941-the first degree under subdivision (1) of 45
4942-subsection 1 of sectio n 568.045; or 46
4943- (8) Any case in which the defendant is 47
4944-found guilty of a felony offense under chapter 48
4945-571; 49
4946-the sentencing court may, upon its own motion or 50
4947-a motion of the prosecuting or circuit attorney, 51
4948-make a finding that the offender is ineligi ble 52
4949-to earn compliance credits because the nature 53
4950-and circumstances of the offense or the history 54
4951-and character of the offender indicate that a 55
4952-longer term of probation, parole, or conditional 56
4953-release is necessary for the protection of the 57
4954-public or the guidance of the offender. The 58
4955-motion may be made any time prior to the first 59
4956-month in which the person may earn compliance 60
4957-credits under this section or at a hearing under 61
4958-subsection 5 of this section. The offender's 62
4959-ability to earn credits shal l be suspended until 63
4960-the court or board makes its finding. If the 64
4961-court or board finds that the offender is 65
4962-eligible for earned compliance credits, the 66
4963-credits shall begin to accrue on the first day 67
4964-of the next calendar month following the 68
4965-issuance of the decision. 69
4966- 3. Earned compliance credits shall reduce 70
4967-the term of probation, parole, or conditional 71 SCS HB 2088, HB 1705, 152
4968- & HCS HB 1699
4969-release by thirty days for each full calendar 72
4970-month of compliance with the terms of 73
4971-supervision. Credits shall begin to accrue for 74
4972-eligible offenders after the first full calendar 75
4973-month of supervision or on October 1, 2012, if 76
4974-the offender began a term of probation, parole, 77
4975-or conditional release before September 1, 2012. 78
4976- 4. For the purposes of this section, the 79
4977-term "compliance" sh all mean the absence of an 80
4978-initial violation report or notice of citation 81
4979-submitted by a probation or parole officer 82
4980-during a calendar month, or a motion to revoke 83
4981-or motion to suspend filed by a prosecuting or 84
4982-circuit attorney, against the offender. 85
4983- 5. Credits shall not accrue during any 86
4984-calendar month in which a violation report, 87
4985-which may include a report of absconder status, 88
4986-has been submitted, the offender is in custody, 89
4987-or a motion to revoke or motion to suspend has 90
4988-been filed, and shall be suspended pending the 91
4989-outcome of a hearing, if a hearing is held. If 92
4990-no hearing is held, or if a hearing is held and 93
4991-the offender is continued under supervision, or 94
4992-the court or board finds that the violation did 95
4993-not occur, then the offender sh all be deemed to 96
4994-be in compliance and shall begin earning credits 97
4995-on the first day of the next calendar month 98
4996-following the month in which the report was 99
4997-submitted or the motion was filed. If a hearing 100
4998-is held, all earned credits shall be rescinded 101
4999-if: 102
5000- (1) The court or board revokes the 103
5001-probation or parole or the court places the 104
5002-offender in a department program under 105
5003-subsection 4 of section 559.036 or under section 106
5004-217.785; or 107
5005- (2) The offender is found by the court or 108
5006-board to be ineligible to earn compliance 109
5007-credits because the nature and circumstances of 110
5008-the violation indicate that a longer term of 111
5009-probation, parole, or conditional release is 112
5010-necessary for the protection of the public or 113
5011-the guidance of the offender. 114
5012-Earned credits, if not rescinded, shall continue 115
5013-to be suspended for a period of time during 116
5014-which the court or board has suspended the term 117
5015-of probation, parole, or release, and shall 118
5016-begin to accrue on the first day of the next 119
5017-calendar month following the l ifting of the 120
5018-suspension. 121
5019- 6. Offenders who are deemed by the 122
5020-division to be absconders shall not earn 123
5021-credits. For purposes of this subsection, 124
5022-"absconder" shall mean an offender under 125
5023-supervision whose whereabouts are unknown and 126
5024-who has left such offender's place of residency 127
5025-without the permission of the offender's 128 SCS HB 2088, HB 1705, 153
5026- & HCS HB 1699
5027-supervising officer and without notifying of 129
5028-their whereabouts for the purpose of avoiding 130
5029-supervision. An offender shall no longer be 131
5030-deemed an absconder when such offender is 132
5031-available for active supervision. 133
5032- 7. Notwithstanding subsection 2 of section 134
5033-217.730 to the contrary, once the combination of 135
5034-time served in custody, if applicable, time 136
5035-served on probation, parole, or conditional 137
5036-release, and earned complia nce credits satisfy 138
5037-the total term of probation, parole, or 139
5038-conditional release, the board or sentencing 140
5039-court shall order final discharge of the 141
5040-offender, so long as the offender has completed 142
5041-restitution and at least two years of his or her 143
5042-probation, parole, or conditional release, which 144
5043-shall include any time served in custody under 145
5044-section 217.718 and sections 559.036 and 559.115. 146
5045- 8. The award or rescission of any credits 147
5046-earned under this section shall not be subject 148
5047-to appeal or any motion for postconviction 149
5048-relief. 150
5049- 9. At least twice a year, the division 151
5050-shall calculate the number of months the 152
5051-offender has remaining on his or her term of 153
5052-probation, parole, or conditional release, 154
5053-taking into consideration any earned complia nce 155
5054-credits, and notify the offender of the length 156
5055-of the remaining term. 157
5056- 10. No less than sixty days before the 158
5057-date of final discharge, the division shall 159
5058-notify the sentencing court, the board, and, for 160
5059-probation cases, the circuit or prosecu ting 161
5060-attorney of the impending discharge. If the 162
5061-sentencing court, the board, or the circuit or 163
5062-prosecuting attorney upon receiving such notice 164
5063-does not take any action under subsection 5 of 165
5064-this section, the offender shall be discharged 166
5065-under subsection 7 of this section. 167
5066- 11. Any offender who was sentenced prior 168
5067-to January 1, 2017, to an offense that was 169
5068-eligible for earned compliance credits under 170
5069-subsection 1 or 2 of this section at the time of 171
5070-sentencing shall continue to remain eligibl e for 172
5071-earned compliance credits so long as the 173
5072-offender meets all the other requirements 174
5073-provided under this section. 175
5074- 12. The application of earned compliance 176
5075-credits shall be suspended upon entry into a 177
5076-treatment court, as described in sections 178
5077-478.001 to 478.009, and shall remain suspended 179
5078-until the offender is discharged from such 180
5079-treatment court. Upon successful completion of 181
5080-treatment court, all earned compliance credits 182
5081-accumulated during the suspension period shall 183
5082-be retroactively applied, so long as the other 184 SCS HB 2088, HB 1705, 154
5083- & HCS HB 1699
5084-terms and conditions of probation have been 185
5085-successfully completed. ] 186
5086- [217.785. 1. As used in this section, the 1
5087-term "Missouri postconviction drug treatment 2
5088-program" means a program of noninstitutional and 3
5089-institutional correctional programs for the 4
5090-monitoring, control and treatment of certain 5
5091-drug abuse offenders. 6
5092- 2. The department of corrections shall 7
5093-establish by regulation the "Missouri 8
5094-Postconviction Drug Treatment Program". The 9
5095-program shall include noninstitutional and 10
5096-institutional placement. The institutional 11
5097-phase of the program may include any offender 12
5098-under the supervision and control of the 13
5099-department of corrections. The department shall 14
5100-establish rules determining how, wh en and where 15
5101-an offender shall be admitted into or removed 16
5102-from the program. 17
5103- 3. Any first-time offender who has been 18
5104-found guilty of violating the provisions of 19
5105-chapter 195 or 579, or whose controlled 20
5106-substance abuse was a precipitating or 21
5107-contributing factor in the commission of his 22
5108-offense, and who is placed on probation may be 23
5109-required to participate in the noninstitutional 24
5110-phase of the program, which may include 25
5111-education, treatment and rehabilitation 26
5112-programs. Persons required to atte nd a program 27
5113-pursuant to this section may be charged a 28
5114-reasonable fee to cover the costs of the 29
5115-program. Failure of an offender to complete 30
5116-successfully the noninstitutional phase of the 31
5117-program shall be sufficient cause for the 32
5118-offender to be reman ded to the sentencing court 33
5119-for assignment to the institutional phase of the 34
5120-program or any other authorized disposition. 35
5121- 4. A probationer shall be eligible for 36
5122-assignment to the institutional phase of the 37
5123-postconviction drug treatment program if he has 38
5124-failed to complete successfully the 39
5125-noninstitutional phase of the program. If space 40
5126-is available, the sentencing court may assign 41
5127-the offender to the institutional phase of the 42
5128-program as a special condition of probation, 43
5129-without the necessity of formal revocation of 44
5130-probation. 45
5131- 5. The availability of space in the 46
5132-institutional program shall be determined by the 47
5133-department of corrections. If the sentencing 48
5134-court is advised that there is no space 49
5135-available, then the court shall cons ider other 50
5136-authorized dispositions. 51
5137- 6. Any time after ninety days and prior to 52
5138-one hundred twenty days after assignment of the 53
5139-offender to the institutional phase of the 54 SCS HB 2088, HB 1705, 155
5140- & HCS HB 1699
5141-program, the department shall submit to the 55
5142-court a report outlining the pe rformance of the 56
5143-offender in the program. If the department 57
5144-determines that the offender will not 58
5145-participate or has failed to complete the 59
5146-program, the department shall advise the 60
5147-sentencing court, who shall cause the offender 61
5148-to be brought before the court for consideration 62
5149-of revocation of the probation or other 63
5150-authorized disposition. If the offender 64
5151-successfully completes the program, the 65
5152-department shall release the individual to the 66
5153-appropriate probation and parole district office 67
5154-and so advise the court. 68
5155- 7. Time spent in the institutional phase 69
5156-of the program shall count as time served on the 70
5157-sentence.] 71
5158- [217.810. 1. The governor is hereby 1
5159-authorized and directed to enter into the 2
5160-interstate compact for the supervision of 3
5161-parolees and probationers on behalf of the state 4
5162-of Missouri with the commonwealth of Puerto 5
5163-Rico, the Virgin Islands, the District of 6
5164-Columbia and any and all other states of the 7
5165-United States legally joining therein and 8
5166-pursuant to the provisions of an act of the 9
5167-Congress of the United States of America 10
5168-granting the consent of Congress to the 11
5169-commonwealth of Puerto Rico, the Virgin Islands, 12
5170-the District of Columbia and any two or more 13
5171-states to enter into agreements or compacts for 14
5172-cooperative effort and mutual assistance in the 15
5173-prevention of crime and for other purposes, 16
5174-which compact shall have as its objective the 17
5175-permitting of persons placed on probation or 18
5176-released on parole to reside in any other state 19
5177-signatory to the compact assuming the duties of 20
5178-visitation and supervision over such 21
5179-probationers and parolees; permitting the 22
5180-extradition and transportation without 23
5181-interference of prisoners, being retaken, 24
5182-through any and all states signatory to the 25
5183-compact under such terms, conditions, rules and 26
5184-regulations, and for such duration as in the 27
5185-opinion of the governor of this state shall be 28
5186-necessary and proper and in a form substantially 29
5187-as contained in subsection 2 of this section. 30
5188-The chairman of the board sh all administer the 31
5189-compact for the state. 32
5190- 2. INTERSTATE COMPACT FOR THE SUPERVISION 33
5191-OF PAROLEES AND PROBATIONERS 34
5192- This compact shall be entered into by and 35
5193-among the contracting states, signatories 36
5194-hereto, with the consent of the Congress o f the 37
5195-United States of America, granted by an act 38
5196-entitled "An act granting the consent of 39 SCS HB 2088, HB 1705, 156
5197- & HCS HB 1699
5198-Congress to any two or more states to enter into 40
5199-agreements or compacts for cooperative effort 41
5200-and mutual assistance in the prevention of crime 42
5201-and for other purposes." 43
5202- The contracting states solemnly agree: 44
5203- (1) That it shall be competent for the 45
5204-duly constituted judicial and administrative 46
5205-authorities of a state party to this compact 47
5206-(herein called "sending state") to permit any 48
5207-person convicted of an offense within such state 49
5208-and placed on probation or released on parole to 50
5209-reside in any other state party to this compact 51
5210-(herein called "receiving state"), while on 52
5211-probation or parole, if 53
5212- (a) Such a person is in fact a resident of 54
5213-or has his family residing within the receiving 55
5214-state and can obtain employment there; 56
5215- (b) Though not a resident of the receiving 57
5216-state and not having his family residing there, 58
5217-the receiving state consents to such person 59
5218-being sent there. 60
5219- Before granting such permission, 61
5220-opportunity shall be granted to the receiving 62
5221-state to investigate the home and prospective 63
5222-employment of such person. 64
5223- A resident of the receiving state, within 65
5224-the meaning of this section, is one who has been 66
5225-an actual inhabitant of such state continuously 67
5226-for more than one year prior to his coming to 68
5227-the sending state and has not resided within the 69
5228-sending state more than six continuous months 70
5229-immediately preceding the commission of the 71
5230-offense for which he has be en convicted. 72
5231- (2) The receiving state shall assume the 73
5232-duties of visitation and supervision over 74
5233-probationers or parolees of any sending state 75
5234-transferred under the compact and will apply the 76
5235-same standards of supervision that prevail for 77
5236-its own probationers and parolees. 78
5237- (3) That duly accredited officers of a 79
5238-sending state may at all times enter a receiving 80
5239-state and there apprehend and retake any person 81
5240-on probation or parole. For that purpose no 82
5241-formalities will be required other t han 83
5242-establishing the authority of the officer and 84
5243-the identity of the person to be retaken. All 85
5244-legal requirements to obtain extradition of 86
5245-fugitives from justice are hereby expressly 87
5246-waived on the part of states party hereto, as to 88
5247-such persons. The decision of the sending state 89
5248-to retake a person on probation or parole shall 90
5249-be conclusive upon and not reviewable within the 91
5250-receiving state. Provided, however, that if at 92
5251-the time when a state seeks to retake a 93
5252-probationer or parolee there shou ld be pending 94
5253-against him within the receiving state any 95
5254-criminal charge, or he should be suspected of 96 SCS HB 2088, HB 1705, 157
5255- & HCS HB 1699
5256-having committed within such state a criminal 97
5257-offense, he shall not be retaken without the 98
5258-consent of the receiving state until discharged 99
5259-from prosecution or from imprisonment for such 100
5260-offense. 101
5261- (4) That the duly accredited officers of 102
5262-the sending state will be permitted to transport 103
5263-prisoners being retaken through any and all 104
5264-states parties to this compact, without 105
5265-interference. 106
5266- (5) Each state may designate an officer 107
5267-who, acting jointly with like officers of other 108
5268-contracting states shall promulgate such rules 109
5269-and regulations as may be deemed necessary to 110
5270-more effectively carry out the terms of this 111
5271-compact. 112
5272- (6) That this compact shall become 113
5273-operative immediately upon its execution by any 114
5274-state as between it and any other state or 115
5275-states so executing. When executed it shall 116
5276-have the full force and effect of law within 117
5277-such state, the form of execution to be in 118
5278-accordance with the laws of the executing state. 119
5279- (7) That this compact shall continue in 120
5280-force and remain binding upon each executing 121
5281-state until renounced by it. The duties and 122
5282-obligations hereunder of a renouncing state 123
5283-shall continue as to parole es or probationers 124
5284-residing therein at the time of withdrawal until 125
5285-retaken or finally discharged by the sending 126
5286-state. Renunciation of this compact shall be by 127
5287-the same authority which executed it, by sending 128
5288-six months' notice in writing of its int ention 129
5289-to withdraw from the compact to the other states 130
5290-party hereto. 131
5291- 3. If any section, sentence, subdivision 132
5292-or clause within subsection 2 of this section is 133
5293-for any reason held invalid or to be 134
5294-unconstitutional, such decision shall not affect 135
5295-the validity of the remaining provisions of that 136
5296-subsection or this section. 137
5297- 4. All necessary and proper expenses 138
5298-accruing as a result of a person being returned 139
5299-to this state by order of a court or the parole 140
5300-board shall be paid by the state a s provided in 141
5301-section 548.241 or 548.243. ] 142
5302- Section B. Section 407.1700 of section A of this act 1
5303-shall become effective on February 28, 2023. 2
5304-
11+SectionA.Section217.703,RSMo,isrepealedandtwonewsectionsenactedinlieu
12+2thereof,tobeknownassections217.703and217.704,toreadasfollows:
13+217.703.1.Thedivisionofprobationandparoleshallawardearnedcompliance
14+2creditstoanyoffenderwhois:
15+3 (1)Notsubjecttolifetimesupervisionundersections217.735and559.106or
16+4otherwisefoundtobeineligibletoearncreditsbyacourtpursuanttosubsection2ofthis
17+5section;
18+6 (2)Onprobation,parole,orconditionalreleaseforanoffenselistedinchapter579,or
19+7anoffensepreviouslylistedinchapter195,orforaclassDorEfelony,excludingsections
20+8565.225,565.252,566.031,566.061,566.083,566.093,568.020,568.060,offensesdefinedas
21+9sexualassaultundersection589.015,deviatesexualassault,assaultintheseconddegree
22+10undersubdivision(2)ofsubsection1ofsection565.052,endangeringthewelfareofachildin
23+11thefirstdegreeundersubdivision(2)ofsubsection1ofsection568.045,andanyoffenseof
24+12aggravatedstalkingorassaultintheseconddegreeundersubdivision(2)ofsubsection1of
25+13section565.060assuchoffensesexistedpriortoJanuary1,2017;
26+14 (3)Supervisedbythedivisionofprobationandparole;and
27+15 (4)Incompliancewiththeconditionsofsupervisionimposedbythesentencingcourt
28+16orboard.
29+EXPLANATION—Matterenclosedinbold-facedbrackets[thus] intheabovebillisnotenactedandis
30+intendedtobeomittedfromthelaw.Matterinbold-facetypeintheabovebillisproposedlanguage. 17 2.Ifanoffenderwasplacedonprobation,parole,orconditionalreleaseforanoffense
31+18of:
32+19 (1)Involuntarymanslaughterintheseconddegree;
33+20 (2)Assaultintheseconddegreeexceptundersubdivision(2)ofsubsection1of
34+21section565.052orsection565.060asitexistedpriortoJanuary1,2017;
35+22 (3)Domesticassaultintheseconddegree;
36+23 (4)Assaultinthethirddegreewhenthevictimisaspecialvictimorassaultofalaw
37+24enforcementofficerintheseconddegreeasitexistedpriortoJanuary1,2017;
38+25 (5)Statutoryrapeintheseconddegree;
39+26 (6)Statutorysodomyintheseconddegree;
40+27 (7)Endangeringthewelfareofachildinthefirstdegreeundersubdivision(1)of
41+28subsection1ofsection568.045;or
42+29 (8)Anycaseinwhichthedefendantisfoundguiltyofafelonyoffenseunderchapter
43+30571;
44+31
45+32thesentencingcourtmay,uponitsownmotionoramotionoftheprosecutingorcircuit
46+33attorney,makeafindingthattheoffenderisineligibletoearncompliancecreditsbecausethe
47+34natureandcircumstancesoftheoffenseorthehistoryandcharacteroftheoffenderindicate
48+35thatalongertermofprobation,parole,orconditionalreleaseisnecessaryfortheprotectionof
49+36thepublicortheguidanceoftheoffender.Themotionmaybemadeanytimepriortothefirst
50+37monthinwhichthepersonmayearncompliancecreditsunderthissectionoratahearing
51+38undersubsection5ofthissection.Theoffender'sabilitytoearncreditsshallbesuspended
52+39untilthecourtorboardmakesitsfinding.Ifthecourtorboardfindsthattheoffenderis
53+40eligibleforearnedcompliancecredits,thecreditsshallbegintoaccrueonthefirstdayofthe
54+41nextcalendarmonthfollowingtheissuanceofthedecision.
55+42 3.Earnedcompliancecreditsshallreducethetermofprobation,parole,orconditional
56+43releaseby[thirty] twentydaysforeachfullcalendarmonthofcompliancewiththetermsof
57+44supervision.Creditsshallbegintoaccrueforeligibleoffendersafterthefirstfullcalendar
58+45monthofsupervisionoronOctober1,2012,iftheoffenderbeganatermofprobation,parole,
59+46orconditionalreleasebeforeSeptember1,2012.
60+47 4.Forthepurposesofthissection,theterm"compliance"shallmeantheabsenceof
61+48aninitialviolationreportornoticeofcitationsubmittedbyaprobationorparoleofficer
62+49duringacalendarmonth,oramotiontorevokeormotiontosuspendfiledbyaprosecutingor
63+50circuitattorney,againsttheoffender.
64+51 5.Creditsshallnotaccrueduringanycalendarmonthinwhichaviolationreport,
65+52whichmayincludeareportofabsconderstatus,hasbeensubmitted,theoffenderisin
66+53custody,oramotiontorevokeormotiontosuspendhasbeenfiled,andshallbesuspended
67+HB2088 2 54pendingtheoutcomeofahearing,ifahearingisheld.Ifnohearingisheld,orifahearingis
68+55heldandtheoffenderiscontinuedundersupervision,orthecourtorboardfindsthatthe
69+56violationdidnotoccur,thentheoffendershallbedeemedtobeincomplianceandshallbegin
70+57earningcreditsonthefirstdayofthenextcalendarmonthfollowingthemonthinwhichthe
71+58reportwassubmittedorthemotionwasfiled.Ifahearingisheld,allearnedcreditsshallbe
72+59rescindedif:
73+60 (1)Thecourtorboardrevokestheprobationorparoleorthecourtplacestheoffender
74+61inadepartmentprogramundersubsection4ofsection559.036orundersection217.785;or
75+62 (2)Theoffenderisfoundbythecourtorboardtobeineligibletoearncompliance
76+63creditsbecausethenatureandcircumstancesoftheviolationindicatethatalongertermof
77+64probation,parole,orconditionalreleaseisnecessaryfortheprotectionofthepublicorthe
78+65guidanceoftheoffender.
79+66
80+67Earnedcredits,ifnotrescinded,shallcontinuetobesuspendedforaperiodoftimeduring
81+68whichthecourtorboardhassuspendedthetermofprobation,parole,orrelease,andshall
82+69begintoaccrueonthefirstdayofthenextcalendarmonthfollowingtheliftingofthe
83+70suspension.
84+71 6.Offenderswhoaredeemedbythedivisiontobeabscondersshallnotearncredits.
85+72Forpurposesofthissubsection,"absconder"shallmeananoffenderundersupervisionwhose
86+73whereaboutsareunknownandwhohasleftsuchoffender'splaceofresidencywithoutthe
87+74permissionoftheoffender'ssupervisingofficerandwithoutnotifyingoftheirwhereabouts
88+75forthepurposeofavoidingsupervision.Anoffendershallnolongerbedeemedanabsconder
89+76whensuchoffenderisavailableforactivesupervision.
90+77 7.Notwithstandingsubsection2ofsection217.730tothecontrary,oncethe
91+78combinationoftimeservedincustody,ifapplicable,timeservedonprobation,parole,or
92+79conditionalrelease,andearnedcompliancecreditssatisfythetotaltermofprobation,parole,
93+80orconditionalrelease,theboardorsentencingcourtshallorderfinaldischargeofthe
94+81offender,solongastheoffenderhascompletedrestitutionandatleasttwoyearsofhisorher
95+82probation,parole,orconditionalrelease,whichshallincludeanytimeservedincustodyunder
96+83section217.718andsections559.036and559.115.
97+84 8.Theawardorrescissionofanycreditsearnedunderthissectionshallnotbesubject
98+85toappealoranymotionforpostconvictionrelief.
99+86 9.Atleasttwiceayear,thedivisionshallcalculatethenumberofmonthstheoffender
100+87hasremainingonhisorhertermofprobation,parole,orconditionalrelease,takinginto
101+88considerationanyearnedcompliancecreditsorwork-for-timecreditsundersection
102+89217.704, andnotifytheoffenderofthelengthoftheremainingterm.
103+HB2088 3 90 10.Nolessthansixtydaysbeforethedateoffinaldischarge,thedivisionshallnotify
104+91thesentencingcourt,theboard,and,forprobationcases,thecircuitorprosecutingattorneyof
105+92theimpendingdischarge.Ifthesentencingcourt,theboard,orthecircuitorprosecuting
106+93attorneyuponreceivingsuchnoticedoesnottakeanyactionundersubsection5ofthis
107+94section,theoffendershallbedischargedundersubsection7ofthissection.
108+95 11.AnyoffenderwhowassentencedpriortoJanuary1,2017,toanoffensethatwas
109+96eligibleforearnedcompliancecreditsundersubsection1or2ofthissectionatthetimeof
110+97sentencingshallcontinuetoremaineligibleforearnedcompliancecreditssolongasthe
111+98offendermeetsalltheotherrequirementsprovidedunderthissection.
112+99 12.Theapplicationofearnedcompliancecreditsshallbesuspendeduponentryintoa
113+100treatmentcourt,asdescribedinsections478.001to478.009,andshallremainsuspendeduntil
114+101theoffenderisdischargedfromsuchtreatmentcourt.Uponsuccessfulcompletionof
115+102treatmentcourt,allearnedcompliancecreditsaccumulatedduringthesuspensionperiodshall
116+103beretroactivelyapplied,solongastheothertermsandconditionsofprobationhavebeen
117+104successfullycompleted.
118+217.704.1.Thissectionshallbeknownandmaybecitedasthe"EarningSafe
119+2ReentryThroughWorkActof2021".
120+3 2.Asusedinthissection,thefollowingtermsmean:
121+4 (1)"Eligibleemployment",anyoccupationorcombinationofoccupationsfor
122+5whichanoffendermayprovidedocumentationofverifiablewage-earninghoursinthe
123+6amountofatleastonehundredthirtyhoursperthirty-dayperiod;
124+7 (2)"Supportingdocumentation",employmentrecords,paystubs,employment
125+8letters,contracts,orsimilarlyreliablemethodsofemploymentverification,as
126+9determinedbythedivisionofprobationandparole;
127+10 (3)"Work-for-timecredit",acreditthatisequaltoaone-dayreductioninan
128+11offender'ssentencethatcanbeaccruedformaintainingeligibleemployment;
129+12 (4)"Workingday",abusinessdaythatisnotSaturday,Sunday,orastateor
130+13federalholiday.
131+14 3.Thedivisionofprobationandparoleshallawardwork-for-timecreditstoany
132+15offenderwhois:
133+16 (1)Notsubjecttolifetimesupervisionundersections217.735and559.106or
134+17otherwisefoundtobeineligibletoearncreditsbyacourtpursuanttosubsection4of
135+18thissection;
136+19 (2)Onprobation,parole,orconditionalreleasefor:
137+20 (a)Anoffenselistedinchapter579;
138+21 (b)Anoffensepreviouslylistedinchapter195;or
139+HB2088 4 22 (c)AnyclassDfelonyorclassEfelonyexcludingtheoffensesofstalkinginthe
140+23firstdegree,rapeintheseconddegree,sexualassault,sodomyintheseconddegree,
141+24deviatesexualassault,assaultintheseconddegreeundersubdivision(2)ofsubsection1
142+25ofsection565.052,sexualmisconductinvolvingachild,endangeringthewelfareofa
143+26childinthefirstdegreeundersubdivision(2)ofsubsection1ofsection568.045,incest,
144+27invasionofprivacy,abuseofachild,oranyoffenseofaggravatedstalkingorassaultin
145+28theseconddegreeundersubdivision(2)ofsubsection1ofsection565.060,assuch
146+29offensesexistedpriortoJanuary1,2017;
147+30 (3)Supervisedbyacourtortheboard;and
148+31 (4)Incompliancewiththeconditionsofsupervisionimposedbythesentencing
149+32courtorboard.
150+33 4.Asentencingcourtortheboardmay,uponitsownmotionoramotionofthe
151+34prosecutingorcircuitattorney,makeafindingthattheoffenderplacedonprobation,
152+35parole,orconditionalreleaseforanoffenselistedbelowisineligibletoearncompliance
153+36creditsbecausethenatureandcircumstancesoftheoffenseorthehistoryandcharacter
154+37oftheoffenderindicatethatalongertermofprobation,parole,orconditionalreleaseis
155+38necessaryfortheprotectionofthepublicortheguidanceoftheoffender.Themotion
156+39maybemadeanytimepriortothefirstmonthinwhichtheoffendermayearn
157+40compliancecreditsunderthissection.Anoffender'sabilitytoearncreditsshallbe
158+41suspendeduntilthecourtorboardmakesitsfinding.Ifthecourtorboardfindsthat
159+42theoffenderiseligibleforearnedcompliancecredits,thecreditsshallbegintoaccrueon
160+43thefirstdayofthenextcalendarmonthfollowingtheissuanceofthedecision.This
161+44subsectionappliestotheoffensesof:
162+45 (1)Involuntarymanslaughterintheseconddegree;
163+46 (2)Assaultintheseconddegreeexceptundersubdivision(2)ofsubsection1of
164+47section565.052orsection565.060asitexistedpriortoJanuary1,2017;
165+48 (3)Domesticassaultintheseconddegree;
166+49 (4)Assaultinthethirddegreewhenthevictimisaspecialvictimorassaultofa
167+50lawenforcementofficerintheseconddegreeasitexistedpriortoJanuary1,2017;
168+51 (5)Statutoryrapeintheseconddegree;
169+52 (6)Statutorysodomyintheseconddegree;
170+53 (7)Endangeringthewelfareofachildinthefirstdegreeundersubdivision(1)of
171+54subsection1ofsection568.045;or
172+55 (8)Anycaseinwhichthedefendantisfoundguiltyofafelonyoffenseunder
173+56chapter571.
174+57 5.Eachsupervisedoffenderwhomaintainseligibleemploymentshallaccrue
175+58work-for-timecreditsunderthefollowingconditions:
176+HB2088 5 59 (1)Theoffendershallprovidesupportingdocumentationofeligibleemployment
177+60totheofficerresponsiblefortheoffender'ssupervisionwithinfiveworkingdaysofthe
178+61conclusionofeachthirty-dayperiodinwhichtheoffendermaintainseligible
179+62employment;
180+63 (2)Theofficershallverifytheoffender'seligibleemploymentthroughthe
181+64offender'ssupportingdocumentationandanyothermeansthatthedivisionof
182+65probationandparoledeterminesnecessary.Theofficershallrecordthesupporting
183+66documentationandtheoffender'saccrualofallwork-for-timecreditswithinfive
184+67workingdaysofverifyingtheoffender'seligibleemployment;
185+68 (3)Anoffender,includinganoffenderwhoisbeingsupervisedinanotherstate,
186+69shallaccruetwentywork-for-timecreditsforeverythirty-dayperiodinwhichthe
187+70offendermaintainseligibleemployment,exceptforthesixty-dayperiodimmediately
188+71priortothesupervisedoffender'sadjustedsentenceenddateduringwhichnowork-for-
189+72timecreditsshallaccrue;
190+73 (4)Ontherevocationofprobation,parole,orconditionalreleaseoronanew
191+74criminalconviction,anoffenderforfeitsallwork-for-timecreditpreviouslyaccrued;
192+75and
193+76 (5)Anoffendershallnotreceivework-for-timecreditsiftheoffender's
194+77supportingdocumentationisunverifiable,inaccurate,orabsent.Ifarequestforwork-
195+78for-timecreditsisdenied,theofficershallrecordthereasonforthedenialofwork-for-
196+79timecreditsandmakethatinformationavailabletotheoffender.
197+80 6.Anyoffenderwhoisdeemedbythedivisiontobeanabscondershallnotearn
198+81credits.Forpurposesofthissubsection,"absconder"meansanoffenderunder
199+82supervisionwhohasleftsuchoffender'splaceofresidencywithoutthepermissionofthe
200+83offender'ssupervisingofficerforthepurposeofavoidingsupervision.Anoffendershall
201+84nolongerbedeemedanabsconderwhensuchoffenderisavailableforactive
202+85supervision.
203+86 7.Theawardorrescissionofanycreditsearnedunderthissectionshallnotbe
204+87subjecttoappealoranymotionforpostconvictionrelief.
205+88 8.Theofficerresponsibleforsupervisinganoffenderwhoaccrueswork-for-time
206+89creditsshallnotifythesentencingcourtoftheoffender'saccrualofwork-for-time
207+90creditsnotlessthansixtydaysbeforethedateoffinaldischarge,whichincludesthe
208+91accrualofwork-for-timecreditsuptothedateofthenotification.
209+SectionB.Therepealandreenactmentofsection217.703ofSectionAofthisactand
210+2theenactmentofsection217.704ofSectionAofthisactshallbecomeeffectiveonJanuary1,
211+32023.
212+✔
213+HB2088 6