1623S.12F
1
SENATE SUBSTITUTE
FOR
SENATE COMMITTEE SUBSTITUTE
FOR
HOUSE COMMITTEE SUBSTITUTE NO. 2
FOR
HOUSE BILL NO. 495
AN ACT
To repeal sections 43.503, 43.505, 56.750, 57.010,
82.1000, 84.020, 84.030, 84.100, 84.150, 84.160,
84.170, 84.175, 84.240, 84.341, 84.342, 84.343,
84.344, 84.345, 84.346, 84.347, 105.726, 217.825,
217.827, 217.829, 217.831, 217.833, 217.835, 217.837,
217.839, 217.841, 304.012, 455. 095, 513.605, 556.061,
566.210, 566.211, 568.045, 570.030, 574.050, 575.133,
575.150, 576.030, 577.150, 590.040, 595.209, and
650.058, RSMo, and section 56.265 as enacted by senate
bill no. 672, ninety-seventh general assembly, second
regular session, and section 56.265 as enacted by
senate bill no. 275, ninetieth general assembly,
first regular session, and to enact in lieu thereof
forty-two new sections relating to public safety,
with penalty provisions and an emergency clause for
certain sections.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 43.503, 43.505, 56.750, 57.010, 1
82.1000, 84.020, 84.030, 84.100, 84.150, 84.160, 84.170, 2
84.175, 84.240, 84.341, 84.342, 84.343, 84.344, 84.345, 84.346, 3
84.347, 105.726, 217.825, 217.827, 217.829, 217.831, 217.833, 4
217.835, 217.837, 217.839, 217.841, 304.012, 455.095, 513.605, 5
556.061, 566.210, 566.211, 568.045, 570.030, 574.050, 575.133, 6
575.150, 576.030, 577.150, 590.040, 595.209, and 650.058, R SMo, 7
and section 56.265 as enacted by senate bill no. 672, ninety -8
2
seventh general assembly, second regular session, and section 9
56.265 as enacted by senate bill no. 275, ninetieth general 10
assembly, first regular session, are repealed and forty -two new 11
sections enacted in lieu thereof, to be known as sections 12
43.503, 43.505, 44.087, 56.265, 56.750, 57.010, 82.1000, 13
84.012, 84.020, 84.030, 84.100, 84.150, 84.160, 84.170, 84.225, 14
84.325, 105.726, 191.1005, 217.451, 221.108, 221.520, 221.523, 15
304.012, 304.145, 455.095, 491.065, 513.605, 556.061, 566.210, 16
566.211, 568.045, 570.030, 575.133, 575.150, 576.030, 577.150, 17
590.040, 590.208, 595.209, 595.325, 650.058, and 1, to read as 18
follows:19
43.503. 1. For the purpose of maintaining complete 1
and accurate criminal history record information, all police 2
officers of this state, the clerk of each court, the 3
department of corrections, the sheriff of each county, the 4
chief law enforcement official of a city not within a county 5
and the prosecuting attorney of ea ch county or the circuit 6
attorney of a city not within a county shall submit certain 7
criminal arrest, charge, and disposition information to the 8
central repository for filing without undue delay in the 9
form and manner required by sections 43.500 to 43. 651. 10
2. All law enforcement agencies making misdemeanor and 11
felony arrests as determined by section 43.506 shall furnish 12
without undue delay, to the central repository, 13
fingerprints, photograph, and if available, any other unique 14
biometric identification collected, charges, appropriate 15
charge codes, and descriptions of all persons who are 16
arrested for such offenses on standard fingerprint forms 17
supplied or approved by the highway patrol or electronically 18
in a format and manner approved by the highway patrol and in 19
compliance with the standards set by the Federal Bureau of 20
Investigation in its Automated Fingerprint Identification 21
System or its successor program. All such agencies shall 22
3
also notify the central repository of all decisions not to 23
refer such arrests for prosecution. An agency making such 24
arrests may enter into arrangements with other law 25
enforcement agencies for the purpose of furnishing without 26
undue delay such fingerprints, photograph, and if available, 27
any other unique biometric identification collected, 28
charges, appropriate charge codes, and descriptions to the 29
central repository upon its behalf. 30
3. In order for the Missouri office of prosecution 31
services to maintain complete and accurate statewide reports 32
as required by section 56.750, on or before January 1, 2028, 33
and thereafter, all police officers of this state, the 34
sheriff and each deputy sheriff of each county, and the 35
chief law enforcement official of a city not within a county 36
and his or her officer s shall submit referrals for any 37
traffic violation, ordinance violation, or misdemeanor or 38
felony offense referred to a prosecuting or circuit attorney 39
in the form and manner approved by the Missouri office of 40
prosecution services as required by subdiv ision (7) of 41
subsection 1 of section 56.750. At a minimum, any referral 42
to a prosecuting attorney or circuit attorney for a felony 43
offense shall include a probable cause statement and an 44
investigative report. Any law enforcement agency that 45
violates this subsection shall be ineligible to receive 46
state or federal funds that would otherwise be paid to such 47
agency for law enforcement, safety, or criminal justice 48
purposes. 49
4. In instances where an individual less than 50
seventeen years of age and not currently certified as an 51
adult is taken into custody for an offense which would be a 52
felony if committed by an adult, the arresting officer shall 53
take fingerprints for the central repository. These 54
fingerprints shall be taken on fingerprint card s supplied by 55
4
or approved by the highway patrol or transmitted 56
electronically in a format and manner approved by the 57
highway patrol and in compliance with the standards set by 58
the Federal Bureau of Investigation in its Automated 59
Fingerprint Identifica tion System or its successor program. 60
The fingerprint cards shall be so constructed that the name 61
of the juvenile should not be made available to the central 62
repository. The individual's name and the unique number 63
associated with the fingerprints and other pertinent 64
information shall be provided to the court of jurisdiction 65
by the agency taking the juvenile into custody. The 66
juvenile's fingerprints and other information shall be 67
forwarded to the central repository and the courts without 68
undue delay. The fingerprint information from the card 69
shall be captured and stored in the automated fingerprint 70
identification system operated by the central repository. 71
In the event the fingerprints are found to match other 72
tenprints or unsolved latent pri nts, the central repository 73
shall notify the submitting agency who shall notify the 74
court of jurisdiction as per local agreement. Under section 75
211.031, in instances where a juvenile over fifteen and one - 76
half years of age is alleged to have violated a state or 77
municipal traffic ordinance or regulation, which does not 78
constitute a felony, and the juvenile court does not have 79
jurisdiction, the juvenile shall not be fingerprinted unless 80
certified as an adult. 81
[4.] 5. Upon certification of the in dividual as an 82
adult, the certifying court shall order a law enforcement 83
agency to immediately fingerprint and photograph the 84
individual and certification papers will be forwarded to the 85
appropriate law enforcement agency with the order for 86
fingerprinting. The law enforcement agency shall submit 87
such fingerprints, photograph, and certification papers to 88
5
the central repository within fifteen days and shall furnish 89
the offense cycle number associated with the fingerprints to 90
the prosecuting attorney or the circuit attorney of a city 91
not within a county and to the clerk of the court ordering 92
the subject fingerprinted. If the juvenile is acquitted of 93
the crime and is no longer certified as an adult, the 94
prosecuting attorney shall notify within fif teen days the 95
central repository of the change of status of the juvenile. 96
Records of a child who has been fingerprinted and 97
photographed after being taken into custody shall be closed 98
records as provided under section 610.100 if a petition has 99
not been filed within thirty days of the date that the child 100
was taken into custody; and if a petition for the child has 101
not been filed within one year of the date the child was 102
taken into custody, any records relating to the child 103
concerning the alleged off ense may be expunged under the 104
procedures in sections 610.122 to 610.126. 105
[5.] 6. The prosecuting attorney of each county or the 106
circuit attorney of a city not within a county or the 107
municipal prosecuting attorney shall notify the central 108
repository on standard forms supplied by the highway patrol 109
or in a manner approved by the highway patrol of his or her 110
decision to not file a criminal charge on any charge 111
referred to such prosecuting attorney or circuit attorney 112
for criminal charges. All records forwarded to the central 113
repository and the courts by prosecutors or circuit 114
attorneys as required by sections 43.500 to 43.530 shall 115
include the state offense cycle number of the offense, the 116
charge code for the offense, and the originating age ncy 117
identifier number of the reporting prosecutor, using such 118
numbers as assigned by the highway patrol. 119
[6.] 7. The clerk of the courts of each county or city 120
not within a county or municipal court clerk shall furnish 121
6
the central repository, on standard forms supplied by the 122
highway patrol or in a manner approved by the highway 123
patrol, with a record of all charges filed, including all 124
those added subsequent to the filing of a criminal court 125
case, amended charges, and all final dispositions of cases 126
for which the central repository has a record of an arrest 127
or a record of fingerprints reported pursuant to sections 128
43.500 to 43.506. Such information shall include, for each 129
charge: 130
(1) All judgments of not guilty, acquittals on the 131
ground of mental disease or defect excluding responsibility, 132
judgments or pleas of guilty including the sentence, if any, 133
or probation, if any, pronounced by the court, nolle pros, 134
discharges, releases and dismissals in the trial court; 135
(2) Court orders filed with the clerk of the courts 136
which reverse a reported conviction or vacate or modify a 137
sentence; 138
(3) Judgments terminating or revoking a sentence to 139
probation, supervision or conditional release and any 140
resentencing after such revocati on; and 141
(4) The offense cycle number of the offense, and the 142
originating agency identifier number of the sentencing 143
court, using such numbers as assigned by the highway patrol. 144
[7.] 8. The clerk of the courts of each county or city 145
not within a county shall furnish, to the department of 146
corrections or department of mental health, court judgment 147
and sentence documents and the state offense cycle number 148
and the charge code of the offense which resulted in the 149
commitment or assignment of an offender to the jurisdiction 150
of the department of corrections or the department of mental 151
health if the person is committed pursuant to chapter 552. 152
This information shall be reported to the department of 153
corrections or the department of mental health at the time 154
7
of commitment or assignment. If the offender was already in 155
the custody of the department of corrections or the 156
department of mental health at the time of such subsequent 157
conviction, the clerk shall furnish notice of such 158
subsequent conviction to the appropriate department by 159
certified mail, return receipt requested, or in a manner and 160
format mutually agreed to, within fifteen days of such 161
disposition. 162
[8.] 9. Information and fingerprints, photograph and 163
if available, any other unique biometric identification 164
collected, forwarded to the central repository, normally 165
obtained from a person at the time of the arrest, may be 166
obtained at any time the subject is in the criminal justice 167
system or committed to the department of menta l health. A 168
law enforcement agency or the department of corrections may 169
fingerprint, photograph, and capture any other unique 170
biometric identification of the person unless collecting 171
other unique biometric identification of the person is not 172
financially feasible for the law enforcement agency, and 173
obtain the necessary information at any time the subject is 174
in custody. If at the time of any court appearance, the 175
defendant has not been fingerprinted and photographed for an 176
offense in which a finger print and photograph is required by 177
statute to be collected, maintained, or disseminated by the 178
central repository, the court shall order a law enforcement 179
agency or court marshal to fingerprint and photograph 180
immediately the defendant. The order for fingerprints shall 181
contain the offense, charge code, date of offense, and any 182
other information necessary to complete the fingerprint 183
card. The law enforcement agency or court marshal shall 184
submit such fingerprints, photograph, and if available, any 185
other unique biometric identification collected, to the 186
central repository without undue delay and within thirty 187
8
days and shall furnish the offense cycle number associated 188
with the fingerprints to the prosecuting attorney or the 189
circuit attorney of a c ity not within a county and to the 190
court clerk of the court ordering the subject fingerprinted. 191
[9.] 10. The department of corrections and the 192
department of mental health shall furnish the central 193
repository with all information concerning the rec eipt, 194
escape, execution, death, release, pardon, parole, 195
commutation of sentence, granting of executive clemency, 196
legal name change, or discharge of an individual who has 197
been sentenced to that department's custody for any offenses 198
which are mandated by law to be collected, maintained or 199
disseminated by the central repository. All records 200
forwarded to the central repository by the department as 201
required by sections 43.500 to 43.651 shall include the 202
offense cycle number of the offense, and the ori ginating 203
agency identifier number of the department using such 204
numbers as assigned by the highway patrol. 205
43.505. 1. The department of public safety is hereby 1
designated as the central repository for the collection, 2
maintenance, analysis and reporting of crime incident 3
activity generated by law enforcement agencies in this 4
state. The department shall develop and operate a uniform 5
crime reporting system that is compatible with the national 6
uniform crime reporting system operat ed by the Federal 7
Bureau of Investigation. 8
2. The department of public safety shall: 9
(1) Develop, operate and maintain an information 10
system for the collection, storage, maintenance, analysis 11
and retrieval of crime incident and arrest report s from 12
Missouri law enforcement agencies; 13
(2) Compile the statistical data and forward such data 14
as required to the Federal Bureau of Investigation or the 15
9
appropriate Department of Justice agency in accordance with 16
the standards and procedures of the national system; 17
(3) Provide the forms, formats, procedures, standards 18
and related training or training assistance to all law 19
enforcement agencies in the state as necessary for such 20
agencies to report incident and arrest activity for timely 21
inclusion into the statewide system; 22
(4) Annually publish a report on the nature and extent 23
of crime and submit such report to the governor and the 24
general assembly. Such report and other statistical reports 25
shall be made available to state and l ocal law enforcement 26
agencies and the general public through an electronic or 27
manual medium; 28
(5) Maintain the privacy and security of information 29
in accordance with applicable state and federal laws, 30
regulations and orders; and 31
(6) Establish such rules and regulations as are 32
necessary for implementing the provisions of this section. 33
Any rule or portion of a rule, as that term is defined in 34
section 536.010, that is created under the authority 35
delegated in this section shall become effect ive only if it 36
complies with and is subject to all of the provisions of 37
chapter 536 and, if applicable, section 536.028. This 38
section and chapter 536 are nonseverable and if any of the 39
powers vested with the general assembly pursuant to chapter 40
536 to review, to delay the effective date or to disapprove 41
and annul a rule are subsequently held unconstitutional, 42
then the grant of rulemaking authority and any rule proposed 43
or adopted after August 28, 2000, shall be invalid and void. 44
3. Every law enforcement agency in the state shall: 45
(1) Submit crime incident reports to the department of 46
public safety on forms or in the format prescribed by the 47
department; and 48
10
(2) Submit any other crime incident information which 49
may be required by the department of public safety , 50
including information pertaining to the citizen or 51
immigration status of any person arrested for an offense 52
that is reportable under section 43.506 . 53
4. Any law enforcement agency that violates this 54
section after December 31, 2021, may be ineligible to 55
receive state or federal funds which would otherwise be paid 56
to such agency for law enforcement, safety or criminal 57
justice purposes. 58
44.087. 1. The chief law enforcement executive for 1
any law enforcement agency, or such executive's designee, 2
may request assistance from a law enforcement agency of 3
another jurisdiction, including a jurisdiction outside the 4
state of Missouri but within the United States. 5
2. If a law enforcement officer makes an arrest or 6
apprehension outside such officer's jurisdiction, the 7
offender shall be delivered to the first available law 8
enforcement officer who is commissioned in the jurisdiction 9
in which the arrest was made. The officer making the 10
initial arrest or apprehension shall assist in the 11
preparation of any affidavits filed with the complaint or 12
based on other evidence that there is probable cause to 13
believe that both a crime has been committed and the 14
defendant has committed such crime. 15
3. For the purpose of liability, workers' 16
compensation, and any other employment -related matter, law 17
enforcement officers remain employees of their respective 18
law enforcement agency throughout any request for 19
assistance. Qualified immunity, sovereign immunity, 20
official immunity, and the public duty rule shall apply to 21
the provisions of this section as interpreted by the federal 22
and state courts of the responding agency. 23
11
4. Nothing in this section shall be construed to limit 24
the actions of law enforcement officers or agencies 25
conducted in accordance with section 44.095 or 44.098, or 26
any other mutual aid agreement made under this chapter. 27
5. The provisions of chapter 544 are applicable to any 28
law enforcement officers from jurisdictions located outside 29
the state of Missouri, but within the United States, who are 30
acting pursuant to a request made under this section. 31
[56.265. 1. The county prosecuting 1
attorney in any county, other than in a 2
chartered county, shall receive an annual salary 3
computed using the following schedule, when 4
applicable. The assessed valuation factor shall 5
be the amount thereof as shown for the year 6
immediately preceding the year for which the 7
computation is done. 8
(1) For a full-time prosecutor the 9
prosecutor shall receive compensation equal to 10
the compensation of an associate circuit judge; 11
(2) For a part-time prosecutor: 12
13 Assessed Valuation Amount
14 $18,000,000 to 40,999,999 $37,000
15 41,000,000 to 53,999,999 38,000
16 54,000,000 to 65,999,999 39,000
17 66,000,000 to 85,999,999 41,000
18 86,000,000 to 99,999,999 43,000
19 100,000,000 to 130,999,999 45,000
20 131,000,000 to 159,999,999 47,000
21 160,000,000 to 189,999,999 49,000
22 190,000,000 to 249,999,999 51,000
23 250,000,000 to 299,999,999 53,000
12
[2. Two thousand dollars of the salary 25
authorized in this section shall be payable to 26
the prosecuting attorney only if the prosecuting 27
attorney has completed at least twenty hours of 28
classroom instruction each calendar year 29
relating to the operations of the prosecuting 30
attorney's office when approved by a 31
professional association of the county 32
prosecuting attorneys of Missouri unless 33
exempted from the training by the professional 34
association. The professional association 35
approving the program shall provide a 36
certificate of completion to each prosecuting 37
attorney who completes the training program and 38
shall send a list of certified prosecuting 39
attorneys to the treasurer of each county. 40
Expenses incurred for attending the training 41
session may be reimbursed to the coun ty 42
prosecuting attorney in the same manner as other 43
expenses as may be appropriated for that purpose. 44
3. As used in this section, the term 45
"prosecuting attorney" includes the circuit 46
attorney of any city not within a county. 47
4. The prosecuting attorney of any county 48
which becomes a county of the first 49
classification during a four -year term of office 50
or a county which passed the proposition 51
authorized by subsection 1 of section 56.363 52
shall not be required to devote full time to 53
such office pursuant to section 56.067 until the 54
beginning of the prosecuting attorney's next 55
term of office or until the proposition 56
otherwise becomes effective. 57
5. The provisions of section 56.066 shall 58
not apply to full-time prosecutors who are 59
compensated pursuant to subdivision (1) of 60
subsection 1 of this section. ] 61
56.265. 1. The county prosecuting attorney in any 1
county, other than in a chartered county, shall receive an 2
annual salary computed using the following schedu le, when 3
applicable. The assessed valuation factor shall be the 4
24 300,000,000 or more 55,000 ]
13
amount thereof as shown for the year immediately preceding 5
the year for which the computation is done. 6
(1) For a full-time prosecutor the prosecutor shall 7
receive compensation equal to the compensation of an 8
associate circuit judge; 9
(2) For a part-time prosecutor: 10
2. Two thousand dollars of the salary [authorized in 23
this section] shall be payable to [the] any prosecuting 24
attorney only if the prosecuting attorney has completed at 25
least twenty hours of classroom instruction each calendar 26
year relating to the operations of the prosecuting 27
attorney's office when approved by a professional 28
association of the county prosecut ing attorneys of Missouri 29
unless exempted from the training by the professional 30
association. The professional association approving the 31
11 Assessed Valuation Amount
12 $18,000,000 to 40,999,999 $37,000
13 41,000,000 to 53,999,999 38,000
14 54,000,000 to 65,999,999 39,000
15 66,000,000 to 85,999,999 41,000
16 86,000,000 to 99,999,999 43,000
17 100,000,000 to 130,999,999 45,000
18 131,000,000 to 159,999,999 47,000
19 160,000,000 to 189,999,999 49,000
20 190,000,000 to 249,999,999 51,000
21 250,000,000 to 299,999,999 53,000
22 300,000,000 or more 55,000
14
program shall provide a certificate of completion to each 32
prosecuting attorney who completes the training program a nd 33
shall send a list of certified prosecuting attorneys to the 34
treasurer of each county or city not within a county . 35
Expenses incurred for attending the training session may be 36
reimbursed to the [county] prosecuting attorney in the same 37
manner as other expenses as may be appropriated for that 38
purpose. 39
3. Each calendar year, five thousand dollars of the 40
salary shall be payable to any prosecuting attorney only if 41
the prosecuting attorney has collected the data described in 42
subsection 2 of sect ion 56.750 in a manner approved by the 43
prosecutors coordinators training council and makes the data 44
described in subsection 2 of section 56.750 readily 45
accessible to the Missouri office of prosecution services. 46
The Missouri office of prosecution servi ces shall provide a 47
certificate of compliance to each prosecuting attorney who 48
complies with this subsection and shall send a list of any 49
certified prosecuting attorney to the respective treasurer 50
of each county or city not within a county. 51
4. For each calendar year, three thousand dollars of 52
the salary shall be payable to any prosecuting attorney only 53
if the prosecuting attorney has provided discovery to 54
criminal defense attorneys who have entered an appearance on 55
behalf of a defendant in a m anner approved by the 56
prosecutors coordinators training council. The Missouri 57
office of prosecution services shall provide a certificate 58
of compliance to each prosecuting attorney who complies with 59
this subsection and shall send a list of any certifie d 60
prosecuting attorney to the respective treasurer of each 61
county or city not within a county. 62
15
5. As used in this section, the term "prosecuting 63
attorney" includes the circuit attorney of any city not 64
within a county. 65
[4.] 6. The prosecuting attorney of any county which 66
becomes a county of the first classification during a four - 67
year term of office or a county which passed the proposition 68
authorized by subsection 1 of section 56.363 shall not be 69
required to devote full time to such office pursuant to 70
section 56.067 until the beginning of the prosecuting 71
attorney's next term of office or until the proposition 72
otherwise becomes effective. 73
[5.] 7. The provisions of section 56.066 shall not 74
apply to full-time prosecutors who are comp ensated pursuant 75
to subdivision (1) of subsection 1 of this section. 76
56.750. 1. The "Missouri Office of Prosecution 1
Services" is hereby established as an autonomous entity in 2
the Missouri attorney general's office. It shall be the 3
purpose of the Missouri office of prosecution services to 4
assist the prosecuting attorneys throughout the state in 5
their efforts against criminal activity in the state. Such 6
assistance may include: 7
(1) The obtaining, preparing, supplementing , and 8
disseminating of indexes to and digests of the decisions of 9
the supreme court and the court of appeals of Missouri and 10
other courts, and the statutes, and other legal authorities 11
relating to criminal matters, and civil matters concerning 12
the duties of prosecuting attorneys and circuit attorney; 13
(2) The preparation and distribution of model 14
complaints, informations, indictments, instructions, search 15
warrants, interrogation advices, and other common and 16
appropriate documents employed in th e administration of 17
criminal justice; 18
16
(3) The preparation and distribution of a basic 19
prosecutor's manual and other educational materials; 20
(4) The promotion of and assistance in the training of 21
prosecuting attorneys and circuit attorney on a statewide 22
basis; 23
(5) The provision of legal research assistance to 24
prosecuting attorneys and circuit attorney; 25
(6) The development, support and maintenance of 26
automated case management and criminal history reporting 27
systems approved by the prosecutors coordinators training 28
council as the standard utilized by prosecuting attorneys 29
and circuit attorney; [and] 30
(7) The development and approval of the form and 31
uniform manner utilizing the automated case management 32
system in which all r eferrals required by section 43.503 33
will be submitted by any law enforcement agency to offices 34
of a prosecuting attorney or circuit attorney; and 35
(8) The provision of other assistance to prosecuting 36
attorneys and circuit attorney that is necessary for the 37
successful implementation of sections 56.750 to 56.775 , 38
including members of the Missouri office of prosecution 39
services serving as special prosecuting attorneys and 40
special assistant prosecuting attorneys, or that hereinafter 41
may be authorized by law. 42
2. Beginning March 31, 2028, and by March thirty -first 43
of each year thereafter, the Missouri office of prosecution 44
services shall compile a statewide report summarizing from 45
the automated case management system, approved by the 46
prosecutors coordinators training council as provided in 47
subdivision (6) of subsection 1 of this section for all 48
offices of prosecuting or circuit attorneys, for the 49
previous calendar year the following information: 50
17
(1) The total number of felonies, misd emeanors, and 51
infractions received by all offices of prosecuting and 52
circuit attorneys, including: 53
(a) The number of all referrals received from law 54
enforcement; 55
(b) The number of all cases filed; 56
(c) The number of all cases refused; 57
(d) The number of all cases disposed; and 58
(e) The number of all cases under review on December 59
thirty-first of the calendar year being reported; 60
(2) Any information specific to felonies, 61
misdemeanors, and infractions received by all offi ces of 62
prosecuting and circuit attorneys, including: 63
(a) The number of referrals received wherein the most 64
serious charge was a felony; 65
(b) The number of referrals received wherein the most 66
serious charge was a misdemeanor; 67
(c) The number of referrals received wherein the most 68
serious charge was an infraction; 69
(d) The number of referrals with all charges refused 70
where in the most serious charge referred was a felony; 71
(e) The number of referrals with all charges refused 72
wherein the most serious charge referred was a misdemeanor; 73
(f) The number of referrals with all charges refused 74
wherein the most serious charge referred was an infraction; 75
(g) The number of cases filed where in the most 76
serious charge was a fe lony; 77
(h) The number of cases filed wherein the most serious 78
charge was a misdemeanor; 79
(i) The number of cases filed wherein the most serious 80
charge was an infraction; 81
(j) The number of cases disposed wherein the most 82
serious charge was a felony; 83
18
(k) The number of cases disposed wherein the most 84
serious charge was a misdemeanor; and 85
(l) The number of cases disposed wherein the most 86
serious charge was an infraction; 87
(3) All felonies, misdemeanors, and infractions 88
received by all offices of prosecuting and circuit attorneys 89
by specific statute number and charge code, including: 90
(a) All charges received in referrals by statute 91
number and charge code; 92
(b) All charges filed by statute number and charge 93
code; 94
(c) All charges refused by statute number and charge 95
code; 96
(d) All charges disposed by statute number and charge 97
code; and 98
(e) All charges under review on December thirty -first 99
of the calendar year being reported by statute number an d 100
charge code; and 101
(4) Each case in which an informant, as such term is 102
defined by section 491.065, has been endorsed by the state 103
to testify against a defendant's interest including: 104
(a) The substance of the testimony; and 105
(b) Any benefit that has been requested by or has been 106
offered to the informant as defined in section 491.065, and 107
any benefit that may be provided at a future date in 108
connection with such testimony. 109
3. Any information provided under subdivisions (1) to 110
(4) of subsection 2 of this section shall be compiled for 111
each individual office of a prosecuting or circuit 112
attorney. The summary reports shall be considered a public 113
record. The individual data and information compiled by and 114
received from each office of a prosecuting or circuit 115
19
attorney is confidential and shall be a closed record and 116
not subject to release under section 610.100. 117
4. Any information provided under subdivision (4) of 118
subsection 2 of this section is accessible by the 119
prosecuting or circuit attorney or by any attorney who has 120
entered an appearance on behalf of a party to the case in 121
which the informant is an endorsed witness. 122
57.010. 1. At the general election to be held in 1
1948, and at each general elec tion held every four years 2
thereafter, the voters in every county in this state shall 3
elect some suitable person sheriff. No person shall be 4
eligible for the office of sheriff who has been convicted of 5
a felony. Such person shall be a resident taxpay er and 6
elector of said county, shall have resided in said county 7
for more than one whole year next before filing for said 8
office and shall be a person capable of efficient law 9
enforcement. When any person shall be elected sheriff, such 10
person shall enter upon the discharge of the duties of such 11
person's office as chief law enforcement officer of that 12
county on the first day of January next succeeding said 13
election. 14
2. No person shall be eligible for the office of 15
sheriff who does not hold a valid peace officer license 16
pursuant to chapter 590. Any person filing for the office 17
of sheriff shall have a valid peace officer license at the 18
time of filing for office. This subsection shall not apply 19
to the sheriff of any county of the first clas sification 20
with a charter form of government with a population over 21
nine hundred thousand or of any city not within a county. 22
3. The sheriff of any city not within a county shall 23
be required to hold a valid peace officer license pursuant 24
to chapter 590 within two years of being elected as sheriff. 25
20
82.1000. 1. In addition to forfeiture proceedings 1
pursuant to sections 513.600 to 513.645, the governing body 2
of any constitutional charter city having a population of 3
more than one hundred thousand inhabitants and located 4
within a county of the first classification that adjoins no 5
other county of the first classification may enact 6
ordinances which would subject to forfeiture any motor 7
vehicle operated by a person with one or more prior 8
convictions for an intoxication -related traffic offense, as 9
defined in section [577.023] 577.001, who is prohibited from 10
obtaining a license to operate a motor vehicle by the 11
director of revenue pursuant to subdivision (9) or (10) of 12
subsection 1 of section 302.060, or who has the person's 13
license to operate a motor vehicle suspended or revoked, as 14
a result of a finding or a plea of guilty to: 15
(1) Any intoxication-related traffic offense as 16
defined in section [577.023] 577.001; [or] 17
(2) Involuntary manslaughter as a result of operating 18
a motor vehicle while in an intoxicated condition as defined 19
in section [565.024] 577.001; 20
(3) Two or more violations of stunt driving or street 21
takeover as provided in section 304.145 committed on 22
separate occasions where in each violation the person was 23
operating a vehicle and another person was injured or 24
killed; or 25
(4) The offense of aggravated fleeing a stop or 26
detention of a motor vehicle as provided in section 575.151 . 27
Such forfeiture pursuant to this subsection shall only be 28
allowed if such person operates a motor vehicle while the 29
person's license to operate a motor vehicle is under such a 30
suspension or revocation. 31
2. The ordinance allowing forfeitures pursuan t to this 32
section may also provide for the impoundment and forfeiture 33
21
of a motor vehicle operated by any person who is classified 34
as a prior offender or persistent offender pursuant to 35
section 577.023 after the effective date of such ordinance, 36
except that a judgment of forfeiture may only be rendered if 37
there is a conviction of an intoxication -related traffic 38
offense which causes the owner of the motor vehicle to be 39
classified as a prior or persistent offender. 40
3. The ordinance allowing the f orfeitures pursuant to 41
this section may also provide for the impoundment and 42
forfeiture of a motor vehicle operated by any person who has 43
previously been convicted of two or more intoxication - 44
related traffic offenses, as defined in section [577.023] 45
577.001, and who thereafter, pursuant to a chemical test 46
conducted in accordance with sections 577.020 to 577.041, is 47
determined upon probable cause to have been driving a motor 48
vehicle with a blood -alcohol concentration equal to or 49
greater than the blo od-alcohol percentage concentration 50
specified in subsection 1 of section 302.520, or any such 51
person who, pursuant to section 577.041, has been requested 52
to submit to a chemical test as described pursuant to that 53
section, and refused to submit to such test. 54
4. All forfeiture proceedings pursuant to this section 55
shall be conducted in accordance with sections 513.600 to 56
513.645, except the forfeiture proceeding shall be brought 57
by the city attorney for the city which enacted such 58
ordinances. 59
5. The ordinance shall also provide that any person 60
claiming an ownership interest in the motor vehicle subject 61
to forfeiture shall have all the defenses to the forfeiture 62
proceeding available to them which they may be entitled to 63
raise pursuant to sections 513.600 to 513.645. The 64
ordinance shall further provide that, in the event the title 65
documents registered with the department of revenue for the 66
22
motor vehicle subject to forfeiture, at the time of the 67
action giving rise to the forfeiture proc eeding, list 68
persons as owners or co -owners of the vehicle in addition to 69
or other than the operator, and the nonoperator owner of the 70
motor vehicle has not previously been the operator or the 71
owner of, a motor vehicle which has been the subject of a 72
forfeiture proceeding authorized by this section, the motor 73
vehicle shall be returned to the nonoperator registered 74
owner and all costs associated with the seizure, towing, 75
storage and impoundment of the vehicle, and the payment of 76
all court costs and reasonable attorney fees associated with 77
the forfeiture proceeding shall be paid by the owners or the 78
operator of the vehicle. To be entitled to return of the 79
vehicle all owners shall execute a written agreement with 80
the municipality stipulating and c onsenting to the seizure 81
and forfeiture of the motor vehicle in the event such motor 82
vehicle is subsequently operated by the same operator under 83
circumstances which would allow the municipality to seek 84
forfeiture of such vehicle pursuant to an ordinanc e 85
authorized by this section. 86
84.012. In all cities of this state not within a 1
county, the common council or municipal assembly of such 2
cities may pass ordinances for preserving order; securing 3
property and persons from violence, danger, or destruction; 4
protecting public and private property; and promoting the 5
interests and ensuring the good governance of the cities, 6
but no ordinances heretofore passed, or that may hereafter 7
be passed, by the common council or municipal assembl y of 8
the cities shall, in any manner, conflict or interfere with 9
the powers or the exercise of the powers of the boards of 10
police commissioners of the cities as created by section 11
84.020, nor shall the cities or any officer or agent of the 12
corporation of the cities, or the mayor thereof, in any 13
23
manner impede, obstruct, hinder, or interfere with the 14
boards of police, any officer, agent, or servant thereof or 15
thereunder. 16
84.020. 1. In all cities [of this state that now 1
have, or may hereafter attain, a population of five hundred 2
thousand inhabitants or over ] not within a county, there 3
shall be, and is hereby established, within and for said 4
cities, a board of police commissioners, to consist of four 5
citizen commissioners, as provided in sections 84.040 to 6
84.080, to be the governing body of the permanent police 7
force pursuant to section 84.100, together with the mayor of 8
said cities for the time being, or whosoever may be 9
officially acting in that capacity, and said board shall 10
annually appoint one of its members as president, [and] one 11
member who shall act as vice president [during the absence 12
of the president], and one member who shall act as board 13
secretary; and such president or vice president shall be the 14
executive officer of the board and shall act for it when the 15
board is not in session. 16
2. The board shall consist of six commissioners, one 17
of whom is the mayor of a city not within a county, four 18
citizen commissioners, and one nonvoting commissioner. The 19
nonvoting commissioner shall be a resident of a city not 20
within a county or shall be a resident of any county of this 21
state that adjoins the city limits of a city not within a 22
county and who owns real property within a city not within a 23
county and pays taxes on such real property. The nonvoting 24
commissioner shall not vote on matters before the 25
commission, but may be counted for purposes of establishing 26
a quorum and discussion, including discussion in any closed 27
meeting of the board. Each citizen commissioner shall be a 28
resident of a city within a county for no less than two 29
years preceding his or her appointment. Except for the 30
24
mayor, no commissioner shall be nominated for or hold any 31
other elective or appointed political office. If any 32
citizen commissioner is nominated for or elected to any 33
elective or appointed political office, such commissioner 34
shall forfeit the appointment and shall immediately vacate 35
his or her office. The mayor of a city not within a county 36
shall automatically b e a member of the board, while the 37
remaining commissioners, including the nonvoting 38
commissioner, shall be appointed by the governor, with the 39
advice and consent of the senate. 40
3. Any member of the board, except for the mayor of a 41
city not within a county, may be removed for cause with the 42
approval of a majority of the other board members, but such 43
member shall first be presented with a written statement of 44
the reasons for removal and shall have the opportunity for a 45
hearing by the board to es tablish cause for removal. The 46
decision for removal of a board member is final. However, 47
the removed member may appeal their removal to the twenty - 48
second judicial circuit court. 49
4. A majority of the board shall constitute a quorum 50
for the transaction of business, but no action shall be 51
taken by the board or deemed valid unless three concurring 52
votes are cast. 53
5. The board shall have the power to summon and compel 54
the attendance of witnesses before the board and to compel 55
the production of documents and other evidence, whenever 56
necessary in the discharge of its duties, and shall have the 57
power to administer oaths or affirmations to any person 58
appearing or called before it. 59
6. The board shall have the following powers and 60
duties: 61
(1) To receive input from the chief of police, in 62
order to formulate and approve policies governing the 63
25
operation and conduct of the permanent police force pursuant 64
to section 84.100; 65
(2) To appoint as a chief of police any person who 66
shall be responsible to the board for proper execution of 67
the policies, duties, and responsibilities established by 68
the board for the administration of the police department, 69
including making recommendations to the board on employment 70
and discipline of th e commissioned and civilian employees of 71
the police force, and to remove the chief of police pursuant 72
to section 106.273; 73
(3) To hear and determine appeals from the decisions 74
of the chief of police on disciplinary matters arising in 75
the department, pursuant to section 590.502; however, at the 76
time of the effective date of this act and until such time 77
as the board adopts other investigative and disciplinary 78
policies and procedures not inconsistent with section 79
590.502, discipline and investigat ive procedures for 80
commissioned and civilian employees of the police force 81
shall be regulated by rule 7 of the police manual of the 82
police department in effect as of November 4, 2013; except 83
that, where rule 7 is in conflict with section 590.502, the 84
board shall comply with the requirements of section 85
590.502. Under no circumstances shall the board initially 86
or hereafter adopt investigative and disciplinary procedures 87
that do not include the summary hearing board procedures 88
provided for in rule 7 of the police manual of the police 89
department in effect as of November 4, 2013; 90
(4) To promulgate a manual of rules and regulations 91
for the qualifications and conduct of personnel of the 92
police department and its operation; 93
(5) To have such other powers and duties with respect 94
to police administration and law enforcement as provided by 95
statute; 96
26
(6) To regulate and license all private watchmen, 97
private detectives, and private security serving or acting 98
in the city and no person shall act as such without first 99
having obtained such license. Penalties for the violation 100
of regulations promulgated by the board under this 101
subsection shall be prescribed by ordinance. 102
84.030. 1. Beginning on [January 9, 1989, the 1
governor of the state of Missouri, by and with the advice 2
and consent of the senate, shall appoint ] the effective date 3
of this act and no later than ninety days after the 4
effective date of this act, the four inaugural citizen 5
commissioners shall be appointed by the governor as provided 6
[for] in [section 84.020, and] subsection 2 of section 7
84.020 and shall serve as follows: 8
(1) One citizen commissioner shall [be appointed] 9
serve for a term of one year; 10
(2) One citizen commissioner shall [be appointed] 11
serve for a term of two years; 12
(3) One citizen commissioner shall [be appointed] 13
serve for a term of three years; and 14
(4) One citizen commissioner shall [be appointed] 15
serve for a term of four years. 16
The nonvoting commissioner shall be appointed by the 17
governor as provided in subsection 2 of section 84.020 and 18
shall serve for a term of four years. Their successors 19
shall each be appointed for a term of four years, and said 20
commissioners shall hold office for their term of 21
appointment and until their successors shall have been 22
appointed and qualified. [In case of a vacancy in said 23
board for any cause whatsoever, it shall be filled by 24
appointment for the unexpired term, in the same manner as in 25
the case of original appoi ntments. The governor shall issue 26
commissions to the persons so appointed, designating the 27
27
time for which they are appointed in case the appointment is 28
to fill an unexpired term occasioned by death, resignation 29
or any other cause, and whenever the ter m of office of any 30
commissioner expires, the appointment of his successor shall 31
be for four years. The commissioners now holding offices 32
under existing laws in any city of this state to which 33
sections 84.010 to 84.340 apply are to hold their offices 34
until the expiration of their terms, and their successors 35
are duly appointed and qualified ] 36
2. Whenever a vacancy occurs on the commission for a 37
citizen commissioner or nonvoting commissioner, the governor 38
may fill the vacancy for the unexpired te rm as provided in 39
subsection 2 of section 84.020 . 40
84.100. To enable the boards to perform the duties 1
imposed upon them, they are hereby authorized and required 2
to appoint, enroll and employ [a] only one permanent police 3
force for the cities which they shall equip and arm as they 4
may judge necessary. [Except as provided below, ] The number 5
of patrolmen to be appointed shall [not be more than one 6
thousand six hundred eighty -three of which number not more 7
than two hundred fifty ar e to be probationary patrolmen. 8
Any increase in the number of patrolmen authorized, in 9
addition to that provided for above, shall be permitted upon 10
recommendation] be determined by the board of police 11
commissioners[, with the approval of the municipal board of 12
estimate and apportionment. The number of turnkeys to be 13
appointed shall be sixty -five, except that for each 14
patrolman hereafter promoted, demoted, removed, resigned or 15
otherwise separated from the force, an additional turnkey 16
may be appointed, but under no circumstances shall more than 17
one hundred fifty turnkeys be appointed. As each additional 18
turnkey is appointed, the maximum number of patrolmen to be 19
appointed shall be reduced accordingly so that when one 20
28
hundred fifty turnkeys have been appointed, the number of 21
patrolmen to be appointed shall not be more than one 22
thousand five hundred ninety -eight]. The board may continue 23
to employ as many noncommissioned police civilians, which 24
shall include city marshals and park rangers, as it deems 25
necessary in order to perform the duties imposed upon it. 26
84.150. The total number of officers and the number of 1
officers at each rank of the police force in each such city 2
shall be [as follows: one chief of police with t he rank of 3
colonel; lieutenant colonels, not to exceed five in number 4
and other such ranks and number of members within such ranks 5
as the board from time to time deems necessary ] determined 6
by the board of police commissioners . The officers of the 7
police force shall have commissions issued to them by the 8
boards of police commissioners, and those heretofore and 9
those hereafter commissioned shall serve so long as they 10
shall faithfully perform their duties and possess the 11
necessary mental and physica l ability, and be subject to 12
removal only for cause after a hearing by the board, who are 13
hereby invested with exclusive jurisdiction in the premises. 14
84.160. 1. As of [August 28, 2006] the effective date 1
of this act, the board of police commissioners shall have 2
the authority to compute and establish the annual salary of 3
each member of the police force without receiving prior 4
authorization from the general assembly , which shall not be 5
less than the annual salary paid to any mem ber at the time 6
of the effective date of this act . 7
2. Each officer of police and patrolman whose regular 8
assignment requires nonuniformed attire may receive, in 9
addition to his or her salary, an allowance not to exceed 10
three hundred sixty dollars per annum payable biweekly. 11
Notwithstanding the provisions of subsection 1 of this 12
section to the contrary, no additional compensation or 13
29
compensatory time off for overtime, court time, or standby 14
court time shall be paid or allowed to any officer of the 15
rank of [sergeant] lieutenant or above. Notwithstanding any 16
other provision of law to the contrary, nothing in this 17
section shall prohibit the payment of additional 18
compensation pursuant to this subsection to officers of the 19
ranks of sergeants a nd above, provided that funding for such 20
compensation shall not: 21
(1) Be paid from the general funds of either the city 22
or the board of police commissioners of the city; or 23
(2) Be violative of any federal law or other state law. 24
3. It is the duty of the municipal assembly or common 25
council of the cities to make the necessary appropriation 26
for the expenses of the maintenance of the police force 27
governed by the board of police commissioners, in the manner 28
[herein and hereafter ] provided in section 84.210;[ 29
provided, that in no event shall such municipal assembly or 30
common council be required to appropriate for such purposes 31
(including, but not limited to, costs of funding pensions or 32
retirement plans) for any fiscal year a sum in exc ess of any 33
limitation imposed by ] except, pursuant to subsection 2 of 34
section 21 of article X[, section 21,] of the Missouri 35
Constitution[; and provided further, that ], such municipal 36
assembly or common council [may] shall appropriate a minimum 37
sum [in excess of such limitation for any fiscal year by an 38
appropriations ordinance enacted in conformity with the 39
provisions of the charter of such cities ] equal to the 40
following percentages of the city's general revenue: 41
(1) Twenty-two percent for the period ending December 42
31, 2025; 43
(2) Twenty-three percent for the period beginning on 44
January 1, 2026, and ending on December 31, 2026; 45
30
(3) Twenty-four percent for the period beginning on 46
January 1, 2027, and ending on December 31, 2027; a nd 47
(4) Twenty-five percent beginning on January 1, 2028, 48
and for all subsequent years; 49
to fund the police force governed by the board of police 50
commissioners. Any pension and retirement costs shall be 51
included in the calculation of expenses for t he maintenance 52
of the police force for the purposes of the minimum funding 53
requirements provided in this subsection . 54
4. Notwithstanding the provisions of subsection 1 of 55
this section to the contrary, the board of police 56
commissioners shall pay ad ditional compensation for all 57
hours of service rendered by probationary patrolmen [and], 58
patrolmen, and sergeants in excess of the established 59
regular working period, and the rate of compensation shall 60
be one and one-half times the regular hourly rate of pay to 61
which each member shall normally be entitled; except that, 62
the court time and court standby time shall be paid at the 63
regular hourly rate of pay to which each member shall 64
normally be entitled. No credit shall be given or 65
deductions made from payments for overtime for the purpose 66
of retirement benefits. 67
5. Notwithstanding the provisions of subsection 1 of 68
this section to the contrary, probationary patrolmen [and], 69
patrolmen, and sergeants shall receive additional 70
compensation for authorized overtime, court time and court 71
standby time whenever the total accumulated time exceeds 72
forty hours. The accumulated forty hours shall be taken as 73
compensatory time off at the officer's discretion with the 74
approval of his supervisor. 75
6. The allowance of compensation or compensatory time 76
off for court standby time shall be computed at the rate of 77
31
one-third of one hour for each hour spent on court standby 78
time. 79
7. The board of police commissioners [may] shall 80
effect programs to provide additional compensation to its 81
employees for successful completion of academic work at an 82
accredited college or university, in amounts not to exceed 83
ten percent of their yearly salaries or for field training 84
officer and lead officer responsibil ities in amounts not to 85
exceed three percent of their yearly salaries for field 86
training officer responsibilities and an additional three 87
percent of their yearly salaries for lead officer 88
responsibilities. The board may designate up to one hundred 89
fifty employees as field training officers and up to fifty 90
employees as lead officers. 91
8. The board of police commissioners: 92
(1) Shall provide or contract for life insurance 93
coverage and for insurance benefits providing health, 94
medical and disability coverage for officers and employees 95
of the department; 96
(2) Shall provide or contract for insurance coverage 97
providing salary continuation coverage for officers and 98
employees of the police department; 99
(3) Shall provide health, medical , and life insurance 100
coverage for retired officers and employees of the police 101
department. Health, medical and life insurance coverage 102
shall be made available for purchase to the spouses or 103
dependents of deceased retired officers and employees of the 104
police department who receive pension benefits pursuant to 105
sections 86.200 to 86.364 at the rate that such dependent's 106
or spouse's coverage would cost under the appropriate plan 107
if the deceased were living; 108
(4) May pay an additional shift differe ntial 109
compensation to members of the police force for evening and 110
32
night tour of duty in an amount not to exceed ten percent of 111
the officer's base hourly rate. 112
9. Notwithstanding the provisions of subsection 1 of 113
this section to the contrary, the board of police 114
commissioners shall pay additional compensation to members 115
of the police force up to and including the rank of police 116
officer for any full hour worked between the hours of 11:00 117
p.m. and 7:00 a.m., in amounts equal to [five] ten percent 118
of the officer's base hourly pay. 119
10. The board of police commissioners, from time to 120
time and in its discretion, may pay additional compensation 121
to police officers, sergeants and lieutenants by paying 122
commissioned officers in the aforesaid rank s for 123
accumulated, unused vacation time. Any such payments shall 124
be made in increments of not less than forty hours, and at 125
rates equivalent to the base straight -time rates being 126
earned by said officers at the time of payment; except that, 127
no such officer shall be required to accept payment for 128
accumulated unused vacation time. 129
84.170. 1. When any vacancy shall take place in any 1
grade of officers, it shall be filled from the next lowest 2
grade; provided, however, that probatio nary patrolmen shall 3
serve at least six months as such before being promoted to 4
the rank of patrolman; patrolmen shall serve at least three 5
years as such before being promoted to the rank of sergeant; 6
sergeants shall serve at least one year as such bef ore being 7
promoted to the rank of lieutenant; lieutenants shall serve 8
at least one year as such before being promoted to the rank 9
of captain; and in no case shall the chief or assistant 10
chief be selected from men not members of the force or below 11
the grade of captain. Patrolmen shall serve at least three 12
years as such before promotion to the rank of detective; the 13
33
inspector shall be taken from men in the rank not below the 14
grade of lieutenant. 15
2. The boards of police are hereby authorized to make 16
all such rules and regulations, not inconsistent with 17
sections 84.010 to 84.340, or other laws of the state, as 18
they may judge necessary, for the appointment, employment, 19
uniforming, discipline, trial and government of the police. 20
At the time of the effective date of this act and until such 21
time as the board adopts other investigative and 22
disciplinary policies and procedures not inconsistent with 23
section 590.502, discipline and investigative procedures for 24
commissioned and civilian employees of the police force 25
shall be regulated by rule 7 of the police manual of the 26
police department in effect as of November 4, 2013; except 27
that, where rule 7 is in conflict with section 590.502, the 28
board shall comply with the requirements of section 29
590.502. Under no circumstances shall the board initially 30
or hereafter adopt investigative and disciplinary procedures 31
that do not include the summary hearing board procedures 32
provided for in rule 7 of the police manual of the police 33
department in effect as of November 4, 2013. The said 34
boards shall also have power to require of any officer or 35
policeman bond with sureties when they may consider it 36
demanded by the public interests. All lawful rules and 37
regulations of the board shall be obeyed by the police force 38
on pain of dismissal or such lighter punishment, either by 39
suspension, fine, reduction or forfeiture of pay, or 40
otherwise as the boards may adjudge. 41
3. The authority possessed by the board of police 42
includes, but is not limited to, t he authority to delegate 43
portions of its powers authorized in section 84.120, 44
including presiding over a disciplinary hearing, to a 45
hearing officer as determined by the board. 46
34
84.225. Any officer or servant of the mayor or common 1
council or municipal assembly of the cities, or other 2
persons whatsoever, who forcibly resists or obstructs the 3
execution or enforcement of any of the provisions of 4
sections 84.012 to 84.340 or relating to the same, or who 5
disburses or fails to disburs e any money in violation 6
thereof, or who hinders or obstructs the organization or 7
maintenance of the board of police commissioners or the 8
police force therein provided to be organized and 9
maintained, or who maintains or controls any police force 10
other than the one therein provided for, or who delays or 11
hinders the due enforcement of sections 84.012 to 84.340 by 12
failing or neglecting to perform the duties by such sections 13
imposed upon him or her, shall be subject to a penalty of 14
one thousand dollars for each offense, recoverable by the 15
board by action at law in the name of the state, and shall 16
forever thereafter be disqualified from holding or 17
exercising any office or employment whatsoever under the 18
mayor or common council or municipal assembly o f such 19
cities, or under sections 84.012 to 84.340; provided that, 20
nothing in this section shall be construed to interfere with 21
the punishment, under any existing or any future laws of 22
this state, of any criminal offense that is committed by the 23
parties in or about the resistance, obstruction, hindrance, 24
conspiracy, combination, or disbursement aforesaid. 25
84.325. 1. A transition director shall be appointed 1
by the governor to ensure oversight of an orderly transition 2
of the control of any municipal police force from any city 3
not within a county to the board of police commissioners. 4
The implementation period shall begin on the effective date 5
of this act, and end no later than July 1, 2026. The board 6
of police commissioners s hall assume control of any 7
municipal police force established within any city not 8
35
within a county during the implementation period, according 9
to the procedures and requirements of this section and any 10
rules promulgated under subsection 6 of this sectio n and as 11
determined in coordination with the transition director, 12
local officials, and the board of police commissioners. The 13
purpose of these procedures and requirements is to ensure 14
the continuity of operations of the municipal police force 15
with minimized disruptions to the residents of any city not 16
within a county, to provide for an orderly and appropriate 17
transition in the governance of the police force, and to 18
provide for an equitable employment transition for 19
commissioned and civilian person nel. 20
2. Upon the assumption of control by the board of 21
police commissioners under subsection 1 of this section, any 22
municipal police department within any city not within a 23
county shall convey, assign, and otherwise transfer to the 24
board title and ownership of all indebtedness and assets, 25
including, but not limited to, all funds and real and 26
personal property held in the name of or controlled by the 27
municipal police department. Such city shall thereafter 28
cease the operation of any police depa rtment or police force. 29
3. Upon the assumption of control by the board of 30
police commissioners under subsection 1 of this section, the 31
state shall accept responsibility, ownership, and liability 32
as successor-in-interest for contractual obligations and 33
other lawful obligations of the municipal police department. 34
4. The board of police commissioners shall initially 35
employ, without a reduction in rank, salary, or benefits, 36
all commissioned and civilian personnel of the municipal 37
police department who were employed by the municipal police 38
department immediately prior to the date the board assumed 39
control. The board shall recognize all accrued years of 40
service that such commissioned and civilian personnel had 41
36
with the municipal police depa rtment, as well as all accrued 42
years of service that such commissioned and civilian 43
personnel had previously with the board of police 44
commissioners. Such personnel shall be entitled to the same 45
holidays, vacation, sick leave, sick bonus time, and annu al 46
step-increases they were entitled to as employees of the 47
municipal police department. 48
5. The commissioned and civilian personnel who retire 49
from service with the municipal police department before the 50
board of police commissioners assumed cont rol of the 51
department under subsection 1 of this section shall continue 52
to be entitled to the same pension benefits provided as 53
employees of the municipal police department and the same 54
benefits set forth in subsection 4 of this section. Any 55
police pension system created under chapter 86 for the 56
benefit of a police force established under sections 84.012 57
to 84.340 shall continue to be governed by chapter 86 and 58
shall apply to any comprehensive policing plan and any 59
police force established under s ections 84.012 to 84.340. 60
Other than any provision that makes chapter 86 applicable to 61
a municipal police force established under sections 84.343 62
to 84.346, nothing in sections 84.012 to 84.340 shall be 63
construed as limiting or changing the rights or benefits 64
provided under chapter 86. 65
6. The board of police commissioners may promulgate 66
all necessary rules and regulations for the implementation 67
and administration of this section. Any rule or portion of 68
a rule, as that term is defined in sect ion 536.010, that is 69
created under the authority delegated in this section shall 70
become effective only if it complies with and is subject to 71
all of the provisions of chapter 536 and, if applicable, 72
section 536.028. This section and chapter 536 are 73
nonseverable and if any of the powers vested with the 74
37
general assembly pursuant to chapter 536 to review, to delay 75
the effective date, or to disapprove and annul a rule are 76
subsequently held unconstitutional, then the grant of 77
rulemaking authority and an y rule proposed or adopted after 78
the effective date of this section shall be invalid and void. 79
105.726. 1. Nothing in sections 105.711 to 105.726 1
shall be construed to broaden the liability of the state of 2
Missouri beyond the prov isions of sections 537.600 to 3
537.610, nor to abolish or waive any defense at law which 4
might otherwise be available to any agency, officer, or 5
employee of the state of Missouri. Sections 105.711 to 6
105.726 do not waive the sovereign immunity of the s tate of 7
Missouri. 8
2. The creation of the state legal expense fund and 9
the payment therefrom of such amounts as may be necessary 10
for the benefit of any person covered thereby are deemed 11
necessary and proper public purposes for which funds of this 12
state may be expended. 13
3. Moneys in the state legal expense fund shall not be 14
available for the payment of any claim or any amount 15
required by any final judgment rendered by a court of 16
competent jurisdiction against a board of police 17
commissioners established under chapter 84, including the 18
commissioners, any police officer, notwithstanding sections 19
84.330 and 84.710, or other provisions of law, other 20
employees, agents, representative, or any other individual 21
or entity acting or purporting to act on its or their 22
behalf. Such was the intent of the general assembly in the 23
original enactment of sections 105.711 to 105.726, and it is 24
made express by this section in light of the decision in 25
Wayman Smith, III, et al. v. State of Missouri, 152 S .W.3d 26
275. Except that the commissioner of administration shall 27
reimburse from the legal expense fund the [board] boards of 28
38
police commissioners established under [section 84.350, and 29
any successor-in-interest established pursuant to section 30
84.344,] chapter 84 for liability claims otherwise eligible 31
for payment under section 105.711 paid by such [board] 32
boards on an equal share basis per claim up to a maximum of 33
[one] two million dollars per fiscal year. 34
4. [Subject to the provisions of subs ection 2 of 35
section 84.345,] If the representation of the attorney 36
general is requested by a board of police commissioners [or 37
its successor-in-interest established pursuant to section 38
84.344], the attorney general shall represent, investigate, 39
defend, negotiate, or compromise all claims under sections 40
105.711 to 105.726 for the board of police commissioners, 41
[its successor-in-interest pursuant to section 84.344, ] any 42
police officer, other employees, agents, representatives, or 43
any other individual or entity acting or purporting to act 44
on their behalf. The attorney general may establish 45
procedures by rules promulgated under chapter 536 under 46
which claims must be referred for the attorney general's 47
representation. The attorney general and the o fficials of 48
the city which the police board represents [or represented] 49
shall meet and negotiate reasonable expenses or charges that 50
will fairly compensate the attorney general and the office 51
of administration for the cost of the representation of the 52
claims under this section. 53
5. Claims tendered to the attorney general promptly 54
after the claim was asserted as required by section 105.716 55
and prior to August 28, 2005, may be investigated, defended, 56
negotiated, or compromised by the attorney gen eral and full 57
payments may be made from the state legal expense fund on 58
behalf of the entities and individuals described in this 59
section as a result of the holding in Wayman Smith, III, et 60
al. v. State of Missouri, 152 S.W.3d 275. 61
39
191.1005. 1. No individual or entity shall knowingly 1
open, lease, rent, own, use, maintain, manage, operate, or 2
control a public or private facility, site, or building for 3
the purpose, in part or in whole, of allowing individuals to 4
self-administer preobtained controlled substances, the 5
possession of which by the individual is punishable under 6
section 579.015 and is not otherwise authorized by chapters 7
195 and 579. 8
2. This section shall not apply to any health care 9
facility licensed pursuant to chapter 197 or 198 that: 10
(a) Provides medical assistance or monitoring to 11
individuals who have self -administered controlled substances; 12
(b) Provides sterile injection supplies; 13
(c) Collects used hypodermic needles and syringes; or 14
(d) Provides secure hypodermic needle and syringe 15
disposal services. 16
3. This section shall not affect the immunity from 17
liability provided by section 195.205 for any individual 18
who, in good faith, seeks or obtains medical assistance for 19
someone who is experiencing an overdose of a controlled 20
substance or for any individual experiencing an overdose of 21
a controlled substance who seeks medical assistance for 22
himself or herself or is the subject of a good faith request 23
for medical assistance f or an overdose of a controlled 24
substance. 25
4. As used in this section, the term "controlled 26
substance" means a drug, substance, or immediate precursor 27
in Schedules I through V listed in chapter 195. 28
217.451. No correctional center or other party shall 1
charge an offender in a correctional center a total amount 2
for a domestic phone call, including fees and any per -minute 3
rate, that exceeds the equivalent of twelve cents per minute. 4
40
221.108. 1. Jails shall provide inmates with 1
reasonable access to phone services during an inmate's term 2
of confinement, except phone access may be restricted as a 3
disciplinary measure. 4
2. No jail or other party shall charge an inmate in a 5
jail a total amount for a do mestic phone call, including 6
fees and any per-minute rate, that exceeds the equivalent of 7
twelve cents per minute. 8
221.520. 1. As used in this section, the following 1
terms mean: 2
(1) "Extraordinary circumstance", a substantia l flight 3
risk or some other extraordinary medical or security 4
circumstance that dictates restraints be used to ensure the 5
safety and security of a pregnant offender in her third 6
trimester or a postpartum offender within forty -eight hours 7
postdelivery, the staff of the county or city jail or 8
medical facility, other offenders, or the public; 9
(2) "Labor", the period of time before a birth during 10
which contractions are present; 11
(3) "Postpartum", the period of recovery immediately 12
following childbirth, which is six weeks for a vaginal birth 13
or eight weeks for a cesarean birth, or longer if so 14
determined by a physician or nurse; 15
(4) "Restraints", any device used to control the 16
movement of a person's body or limbs. 17
2. Except in extraordinary circumstances, a county or 18
city jail shall not use restraints on a pregnant offender in 19
her third trimester, whether during transportation to and 20
from visits to health care providers and court proceedings, 21
during medical appointments and ex aminations, or during 22
labor, delivery, or forty -eight hours postdelivery. 23
3. Pregnant offenders shall be transported in vehicles 24
equipped with seatbelts. 25
41
4. In the event a sheriff or jailer determines that 26
extraordinary circumstances exist a nd restraints are 27
necessary, the sheriff or jailer shall fully document in 28
writing within forty -eight hours of the incident the reasons 29
he or she determined such extraordinary circumstances 30
existed, the type of restraints used, and the reasons those 31
restraints were considered reasonable under the 32
circumstances. Such documents shall be kept on file by the 33
county or city jail for at least five years from the date 34
the restraints were used. 35
5. Any time restraints are used on a pregnant offender 36
in her third trimester or on a postpartum offender within 37
forty-eight hours postdelivery, the restraints shall be 38
reasonable under the circumstances. Except in extraordinary 39
circumstances, no leg, ankle, or waist restraints or any 40
mechanical restraint s shall be used on any such offender, 41
and, if wrist restraints are used, such restraints shall be 42
placed in the front of such offender's body to protect the 43
offender and the unborn child in the case of a forward fall. 44
6. The county or city jail sh all: 45
(1) Ensure that employees of the jail are provided 46
with training, which may include online training, on the 47
provisions of this section; and 48
(2) Inform female offenders, in writing and orally, of 49
any policies and practices developed in a ccordance with this 50
section upon admission to the jail, and post the policies 51
and practices in locations in the jail where such notices 52
are commonly posted and will be seen by female offenders. 53
221.523. 1. By January 1, 2026, all county and city 1
jails shall develop specific procedures for the intake and 2
care of offenders who are pregnant, which shall include 3
procedures regarding: 4
(1) Maternal health evaluations; 5
42
(2) Dietary supplements, including prenatal vitamins; 6
(3) Timely and regular nutritious meals, consistent 7
with the Nutrition During Pregnancy Guidelines prepared by 8
the American College of Obstetricians and Gynecologists; 9
(4) Substance abuse treatment; 10
(5) Treatment for the human immunodefi ciency virus and 11
ways to avoid human immunodeficiency virus transmission; 12
(6) Hepatitis C; 13
(7) Sleeping arrangements for such pregnant offenders 14
in the third trimester, including requiring such offenders 15
to sleep on the bottom bunk bed; 16
(8) Access to mental health professionals; 17
(9) Sanitary materials; and 18
(10) Postpartum recovery, including that, except in 19
extraordinary circumstances, no such offender shall be 20
placed in isolation during such recovery. 21
2. As used in this section, the term "postpartum 22
recovery" means, as determined by a physician, the period 23
immediately following delivery, including the entire period 24
an offender who was pregnant is in the hospital or infirmary 25
after delivery. 26
304.012. 1. Every person operating a motor vehicle on 1
the roads and highways of this state shall drive the vehicle 2
in a careful and prudent manner and at a rate of speed so as 3
not to endanger the property of another or the life or limb 4
of any person and shall exercise the highest degree of care. 5
2. No person operating a motor vehicle on the roads 6
and highways of this state shall perform stunt driving, as 7
such term is defined in section 304.145. 8
3. Any person who violates the provisions of this 9
section is guilty of a class B misdemeanor, unless an 10
accident is involved then it shall be a class A misdemeanor. 11
43
304.145. 1. As used in this section, the following 1
terms mean: 2
(1) "Aggravated offender", a person who has been found 3
guilty of: 4
(a) Three or more violations of this section committed 5
on separate occasions; or 6
(b) Two or more violations of this section committed 7
on separate occasions where at least one of the violations 8
the defendant was ope rating a vehicle and another person was 9
injured or killed; 10
(2) "Burnout", a maneuver performed while operating a 11
motor vehicle whereby the wheels of the motor vehicle are 12
spun, resulting in friction causing the motor vehicle's 13
tires to heat up and emit smoke; 14
(3) "Chronic offender", a person who has been found 15
guilty of: 16
(a) Four or more violations of this section committed 17
on separate occasions; or 18
(b) Three or more violations of this section committed 19
on separate occasions w here at least one of the violations 20
the defendant was operating a vehicle and another person was 21
injured or killed; or 22
(c) Two or more violations of this section committed 23
on separate occasions where both of the violations the 24
defendant was operating a vehicle and another person was 25
injured or killed; 26
(4) "Donut", a motor vehicle maneuver in which the 27
front or rear of the motor vehicle is rotated around the 28
opposite set of wheels in a motion that may cause a curved 29
skid-mark pattern of rubber on the driving surface, or the 30
tires to heat up and emit smoke, or both; 31
(5) "Drag race", the operation of two or more motor 32
vehicles from a point side by side in a competitive attempt 33
44
to outgain or outdistance each other, or the operation o f 34
one or more motor vehicles over a common selected course, 35
for the purpose of comparing the relative speeds, power, or 36
acceleration of such motor vehicles within a certain 37
distance or time limit; 38
(6) "Drifting", a motor vehicle maneuver in which the 39
motor vehicle is steered so that it makes a controlled skid 40
sideways through a turn with the front wheels oriented in a 41
direction opposite the turn; 42
(7) "Habitual offender", a person who has been found 43
guilty of: 44
(a) Five or more violations of this section committed 45
on separate occasions; 46
(b) Four or more violations of this section committed 47
on separate occasions where at least one of the violations 48
the defendant was operating a vehicle and another person was 49
injured or killed; or 50
(c) Three or more violations of this section committed 51
on separate occasions where at least two of the violations 52
the defendant was operating a vehicle and another person was 53
injured or killed; 54
(8) "Highway", any public thoroughfare for vehicles, 55
including state roads, county roads and public streets, 56
avenues, boulevards, parkways, or alleys in any municipality; 57
(9) "Persistent offender", a person who has been found 58
guilty of: 59
(a) Two or more violations of this section com mitted 60
on separate occasions; or 61
(b) One violation of this section where the defendant 62
was operating a vehicle and another person was injured or 63
killed; 64
(10) "Prior offender", a person who has been found 65
guilty of a violation of this sectio n where such prior 66
45
offense occurred within five years of the violation for 67
which the person is charged; 68
(11) "Race", the operation of one or more motor 69
vehicles arising from a challenge to demonstrate superiority 70
of a motor vehicle or driver, and the acceptance of or 71
competitive response to that challenge, either through a 72
prior arrangement or in immediate response, in which the 73
competitor attempts to outgain or outdistance another motor 74
vehicle, to prevent another motor vehicle from passing, to 75
arrive at a given destination ahead of another motor 76
vehicle, to test the physical stamina or endurance of 77
drivers, to exhibit speed or acceleration, or to set a speed 78
or acceleration record; 79
(12) "Street takeover", the act of disrupting the 80
regular flow of traffic for the purpose of performing, 81
facilitating, or spectating stunt driving; 82
(13) "Stunt driving", to operate a motor vehicle 83
performing a race, a drag race, a burnout, a donut, a 84
wheelie, or drifting; 85
(14) "Wheelie", a motor vehicle maneuver whereby a 86
vehicle is ridden for a distance with the front or rear 87
wheel or wheels raised off the ground. 88
2. Except as otherwise permitted by law, no person 89
shall: 90
(1) Perform stunt driving in connection with a street 91
takeover; or 92
(2) Perform or participate in a street takeover. 93
3. Violation of this section shall be a class B 94
misdemeanor for a first offense, a class A misdemeanor for a 95
second offense, and a class E felony for a third or 96
subsequent offense. 97
4. No defendant alleged and proven to be a prior 98
offender, persistent offender, aggravated offender, chronic 99
46
offender, or habitual offender shall be granted a suspended 100
imposition of sentence or be sentenced to pay a fine in lieu 101
of imprisonment. 102
5. No defendant alleged and proven to be a prior 103
offender shall be granted probation or parole until he or 104
she has served a minimum of ten days of imprisonment, unless 105
as a condition of such probation or parole the person 106
performs at least thi rty days of community service under the 107
supervision of the court in a jurisdiction that has a 108
recognized program for community service. 109
6. No defendant alleged and proven to be an aggravated 110
offender shall be eligible for probation or parole until he 111
or she has served a minimum of thirty days of imprisonment. 112
7. No defendant alleged and proven to be a chronic or 113
habitual offender shall be eligible for probation or parole 114
until he or she has served a minimum of one year of 115
imprisonment. 116
8. Prior pleas of guilty and prior findings of guilty 117
shall be pleaded and proven in the same manner as required 118
by section 558.021. 119
9. This section shall not apply to events sanctioned 120
by a political subdivision or private entity with 121
responsibility for maintenance and control of the portion of 122
highway or private property on which the motor vehicle 123
operation occurs. 124
455.095. 1. For purposes of this section, the 1
following terms mean: 2
(1) "Electronic monitoring w ith victim notification", 3
an electronic monitoring system that has the capability to 4
track and monitor the movement of a person and immediately 5
transmit the monitored person's location to the protected 6
person and the local law enforcement agency with 7
jurisdiction over the protected premises through an 8
47
appropriate means, including the telephone, an electronic 9
beeper, or paging device whenever the monitored person 10
enters the protected premises as specified in the order by 11
the court; 12
(2) "Informed consent", the protected person is given 13
the following information before consenting to participate 14
in electronic monitoring with victim notification: 15
(a) The protected person's right to refuse to 16
participate in such monitoring and the process f or 17
requesting the court to terminate his or her participation 18
after it has been ordered; 19
(b) The manner in which the electronic monitoring 20
technology functions and the risks and limitations of that 21
technology; 22
(c) The boundaries imposed on the person being 23
monitored during the electronic monitoring; 24
(d) The sanctions that the court may impose for 25
violations of the order issued by the court; 26
(e) The procedure that the protected person is to 27
follow if the monitored person violat es an order or if the 28
electronic monitoring equipment fails; 29
(f) Identification of support services available to 30
assist the protected person in developing a safety plan to 31
use if the monitored person violates an order or if the 32
electronic monitoring equipment fails; 33
(g) Identification of community services available to 34
assist the protected person in obtaining shelter, 35
counseling, education, child care, legal representation, and 36
other help in addressing the consequences and effects of 37
domestic violence; and 38
(h) The nonconfidential nature of the protected 39
person's communications with the court concerning electronic 40
48
monitoring and the restrictions to be imposed upon the 41
monitored person's movements. 42
2. When a person is found g uilty of violating the 43
terms and conditions of an ex parte or full order of 44
protection under section 455.085 or 455.538, the court may, 45
in addition to or in lieu of any other disposition: 46
(1) Sentence the person to electronic monitoring with 47
victim notification; or 48
(2) Place the person on probation and, as a condition 49
of such probation, order electronic monitoring with victim 50
notification. 51
3. When a person charged with violating the terms and 52
conditions of an ex parte or full order of protection under 53
section 455.085 or 455.538 is released from custody before 54
trial pursuant to section 544.455, the court may, as a 55
condition of release, order electronic monitoring of the 56
person with victim notification. 57
4. Electronic monitoring with victim notification 58
shall be ordered only with the protected person's informed 59
consent. In determining whether to place a person on 60
electronic monitoring with victim notification, the court 61
may hold a hearing to consider the likelihood that th e 62
person's participation in electronic monitoring will deter 63
the person from injuring the protected person. The court 64
shall consider the following factors: 65
(1) The gravity and seriousness of harm that the 66
person inflicted on the protected person in the commission 67
of any act of domestic violence; 68
(2) The person's previous history of domestic violence; 69
(3) The person's history of other criminal acts, if 70
any; 71
(4) Whether the person has access to a weapon; 72
49
(5) Whether the person has threatened suicide or 73
homicide; 74
(6) Whether the person has a history of mental illness 75
or has been civilly committed; and 76
(7) Whether the person has a history of alcohol or 77
substance abuse. 78
5. Unless the person is determined t o be indigent by 79
the court, a person ordered to be placed on electronic 80
monitoring with victim notification shall be ordered to pay 81
the related costs and expenses. If the court determines the 82
person is indigent, the person may be placed on electronic 83
monitoring with victim notification, and the clerk of the 84
court in which the case was determined shall notify the 85
department of corrections that the person was determined to 86
be indigent and shall include in a bill to the department 87
the costs associated with the monitoring. The department 88
shall establish by rule a procedure to determine the portion 89
of costs each indigent person is able to pay based on a 90
person's income, number of dependents, and other factors as 91
determined by the department and sha ll seek reimbursement of 92
such costs. 93
6. An alert from an electronic monitoring device shall 94
be probable cause to arrest the monitored person for a 95
violation of an ex parte or full order of protection. 96
7. The department of corrections, depart ment of public 97
safety, Missouri state highway patrol, the circuit courts, 98
and county and municipal law enforcement agencies shall 99
share information obtained via electronic monitoring 100
conducted pursuant to this section. 101
8. No supplier of a product , system, or service used 102
for electronic monitoring with victim notification shall be 103
liable, directly or indirectly, for damages arising from any 104
injury or death associated with the use of the product, 105
50
system, or service unless, and only to the extent that, such 106
action is based on a claim that the injury or death was 107
proximately caused by a manufacturing defect in the product 108
or system. 109
9. Nothing in this section shall be construed as 110
limiting a court's ability to place a person on electronic 111
monitoring without victim notification under section 544.455 112
or 557.011. 113
10. A person shall be found guilty of the offense of 114
tampering with electronic monitoring equipment under section 115
575.205 if he or she commits the actions prohibited under 116
such section with any equipment that a court orders the 117
person to wear under this section. 118
11. The department of corrections shall promulgate 119
rules and regulations for the implementation of subsection 5 120
of this section. Any rule or portion of a rule, as that 121
term is defined in section 536.010, that is created under 122
the authority delegated in this section shall become 123
effective only if it complies with and is subject to all of 124
the provisions of chapter 536 and, if applicable, section 125
536.028. This section and chapter 536 are nonseverable and 126
if any of the powers vested with the general assembly 127
pursuant to chapter 536 to review, to delay the effective 128
date, or to disapprove and annul a rule are subsequently 129
held unconstitutional, then the grant of rulemaking 130
authority and any rule proposed or adopted after August 28, 131
2018, shall be invalid and void. 132
[12. The provisions of this section shall expire on 133
August 28, 2024.] 134
491.065. 1. As used in this section, unl ess the 1
context otherwise requires, the following terms mean: 2
(1) "Benefit", any plea bargain, bail consideration, 3
reduction or modification of sentence, or any other 4
51
leniency, immunity, financial payment, reward, or 5
amelioration of current or fu ture conditions of 6
incarceration that has been requested or that has been or 7
may, at a future date, be offered or provided in connection 8
with or in exchange for the testimony of an informant who 9
was endorsed by the state; 10
(2) "Informant", a witne ss who provides testimony that 11
offers allegedly self -incriminating statements or activities 12
of another person who is under investigation or being 13
charged with an offense, and the witness: 14
(a) Is or was incarcerated with the suspect or 15
defendant; 16
(b) Is being detained by or in the custody of law 17
enforcement; or 18
(c) Provides testimony in exchange for any benefit. 19
The term "informant" shall not refer to or include a 20
codefendant or victim involved in the case. 21
2. Beginning January 1, 2026, and thereafter, each 22
prosecuting or circuit attorney shall send the information 23
described under subdivision (4) of subsection 2 of section 24
56.750 to the Missouri office of prosecution services to be 25
included in the summary report as defined in subsection 2 of 26
section 56.750. 27
3. If a prosecuting or circuit attorney endorses a 28
witness to testify as an informant, the following material 29
and information shall be disclosed to all attorneys of 30
record within fourteen days of the endorsement b y the 31
prosecuting or circuit attorney: 32
(1) The complete criminal history of the informant, 33
including any charges that are pending or were reduced, 34
amended, or dismissed as part of a plea bargain; 35
(2) The informant cooperation agreement and a copy of 36
any deal, promise, inducement, or benefit that has been 37
52
requested or that has been or may, at a future date, be 38
offered or provided to the informant in connection with 39
testimony against the defendant's interest; 40
(3) The substance, time, and place of any statement 41
allegedly given by the defendant to the informant, and the 42
substance, time, and place of any statement given by the 43
informant to a law enforcement agency implicating the 44
defendant in the offense charged; 45
(4) Whether the informant recanted that testimony or 46
statement and, if so, the time and place of the recantation, 47
the nature of the recantation, and the names of the persons 48
who were present at the recantation; and 49
(5) Information concerning other criminal cases in any 50
county in which the informant was endorsed by the state to 51
testify against a defendant, including the following: 52
(a) The case name and number; 53
(b) The substance of the testimony; 54
(c) Any cooperation agreement, deal, promise, 55
inducement, or benefit that was requested, offered, or 56
provided to the informant in connection with the informant's 57
testimony; and 58
(d) Any other information that is requested to be 59
disclosed under the Constitution of the United States, the 60
Constitution of Missouri, and the Missouri supreme court 61
rules of criminal procedure. 62
513.605. As used in sections 513.600 to 513.645, 1
unless the context clearly indicates otherwise, the 2
following terms mean: 3
(1) (a) "Beneficial interest": 4
a. The interest of a person as a beneficiary under any 5
other trust arrangement pursuant to which a trustee holds 6
legal or record title to real property for the benefit of 7
such person; or 8
53
b. The interest of a person under any other fo rm of 9
express fiduciary arrangement pursuant to which any other 10
person holds legal or record title to real property for the 11
benefit of such person; 12
(b) "Beneficial interest" does not include the 13
interest of a stockholder in a corporation or the i nterest 14
of a partner in either a general partnership or limited 15
partnership. A beneficial interest shall be deemed to be 16
located where the real property owned by the trustee is 17
located; 18
(2) "Civil proceeding", any civil suit commenced by an 19
investigative agency under any provision of sections 513.600 20
to 513.645; 21
(3) "Criminal activity" is the commission, attempted 22
commission, conspiracy to commit, or the solicitation, 23
coercion or intimidation of another person to commit any 24
crime which is chargeable by indictment or information under 25
the following Missouri laws: 26
(a) Chapter 195, relating to drug regulations; 27
(b) Chapter 301, relating to registration and 28
licensing of motor vehicles; 29
(c) Chapter 304, but relating only to felony 30
violations of this chapter involving the use of a motor 31
vehicle; 32
(d) Chapter 311, but relating only to felony 33
violations of this chapter committed by persons not duly 34
licensed by the supervisor of liquor control; 35
(e) Chapter 409, relating to regulation of securities; 36
(f) Chapter 491, relating to witnesses; 37
(g) Chapter 565, relating to offenses against the 38
person; 39
[(c)] (h) Chapter 566, relating to sexual offenses; 40
[(d)] (i) Chapter 567, relating to prostitu tion; 41
54
(j) Chapter 568, relating to offenses against the 42
family; 43
[(e)] (k) Chapter 569, relating to robbery, arson, 44
burglary and related offenses; 45
[(f)] (l) Chapter 570, relating to stealing and 46
related offenses; 47
[(g) Chapter 567, relating to prostitution; 48
(h)] (m) Chapter 571, relating to weapons offenses; 49
(n) Chapter 572, relating to gambling; 50
(o) Chapter 573, relating to pornography and related 51
offenses; 52
[(i)] (p) Chapter 574, relating to offenses agains t 53
public order; 54
[(j)] (q) Chapter 575, relating to offenses against 55
the administration of justice; 56
[(k) Chapter 491, relating to witnesses; 57
(l) Chapter 572, relating to gambling; 58
(m) Chapter 311, but relating only to felony 59
violations of this chapter committed by persons not duly 60
licensed by the supervisor of liquor control; 61
(n) Chapter 571, relating to weapons offenses; 62
(o) Chapter 409, relating to regulation of securities; 63
(p) Chapter 301, relating to registra tion and 64
licensing of motor vehicles ] 65
(r) Chapter 578, but only relating to offenses by a 66
criminal street gang ; 67
(4) "Criminal proceeding", any criminal prosecution 68
commenced by an investigative agency under any criminal law 69
of this state; 70
(5) "Investigative agency", the attorney general's 71
office, or the office of any prosecuting attorney or circuit 72
attorney; 73
(6) "Pecuniary value": 74
55
(a) Anything of value in the form of money, a 75
negotiable instrument, a commercial interest, or anything 76
else the primary significance of which is economic 77
advantage; or 78
(b) Any other property or service that has a value in 79
excess of one hundred dollars; 80
(7) "Real property", any estate or legal or equitable 81
interest in land situat ed in this state or any interest in 82
such real property, including, but not limited to, any lease 83
or deed of trust upon such real property; 84
(8) "Seizing agency", the agency which is the primary 85
employer of the officer or agent seizing the property, 86
including any agency in which one or more of the employees 87
acting on behalf of the seizing agency is employed by the 88
state of Missouri or any political subdivision of this state; 89
(9) "Seizure", the point at which any law enforcement 90
officer or agent discovers and exercises any control over 91
property that an officer or agent has reason to believe was 92
used or intended for use in the course of, derived from, or 93
realized through criminal activity. Seizure includes but is 94
not limited to preventing anyone found in possession of the 95
property from leaving the scene of the investigation while 96
in possession of the property; 97
(10) (a) "Trustee": 98
a. Any person who holds legal or record title to real 99
property for which any other person has a beneficial 100
interest; or 101
b. Any successor trustee or trustees to any of the 102
foregoing persons; 103
(b) "Trustee" does not include the following: 104
a. Any person appointed or acting as a personal 105
representative under chapter 475 or under chap ter 473; 106
56
b. Any person appointed or acting as a trustee of any 107
testamentary trust or as trustee of any indenture of trust 108
under which any bonds are or are to be issued. 109
556.061. In this code, unless the context requires a 1
different definition, the following terms shall mean: 2
(1) "Access", to instruct, communicate with, store 3
data in, retrieve or extract data from, or otherwise make 4
any use of any resources of, a computer, computer system, or 5
computer network; 6
(2) "Affirmative defense": 7
(a) The defense referred to is not submitted to the 8
trier of fact unless supported by evidence; and 9
(b) If the defense is submitted to the trier of fact 10
the defendant has the burden of persuasion that the defense 11
is more probably true than not; 12
(3) "Burden of injecting the issue": 13
(a) The issue referred to is not submitted to the 14
trier of fact unless supported by evidence; and 15
(b) If the issue is submitted to the trier of fact any 16
reasonable doubt on the issue requires a finding for the 17
defendant on that issue; 18
(4) "Commercial film and photographic print 19
processor", any person who develops exposed photographic 20
film into negatives, slides or prints, or who makes prints 21
from negatives or sli des, for compensation. The term 22
commercial film and photographic print processor shall 23
include all employees of such persons but shall not include 24
a person who develops film or makes prints for a public 25
agency; 26
(5) "Computer", the box that house s the central 27
processing unit (CPU), along with any internal storage 28
devices, such as internal hard drives, and internal 29
communication devices, such as internal modems capable of 30
57
sending or receiving electronic mail or fax cards, along 31
with any other hardware stored or housed internally. Thus, 32
computer refers to hardware, software and data contained in 33
the main unit. Printers, external modems attached by cable 34
to the main unit, monitors, and other external attachments 35
will be referred to collecti vely as peripherals and 36
discussed individually when appropriate. When the computer 37
and all peripherals are referred to as a package, the term 38
"computer system" is used. Information refers to all the 39
information on a computer system including both sof tware 40
applications and data; 41
(6) "Computer equipment", computers, terminals, data 42
storage devices, and all other computer hardware associated 43
with a computer system or network; 44
(7) "Computer hardware", all equipment which can 45
collect, analyze, create, display, convert, store, conceal 46
or transmit electronic, magnetic, optical or similar 47
computer impulses or data. Hardware includes, but is not 48
limited to, any data processing devices, such as central 49
processing units, memory typewriters an d self-contained 50
laptop or notebook computers; internal and peripheral 51
storage devices, transistor -like binary devices and other 52
memory storage devices, such as floppy disks, removable 53
disks, compact disks, digital video disks, magnetic tape, 54
hard drive, optical disks and digital memory; local area 55
networks, such as two or more computers connected together 56
to a central computer server via cable or modem; peripheral 57
input or output devices, such as keyboards, printers, 58
scanners, plotters, video disp lay monitors and optical 59
readers; and related communication devices, such as modems, 60
cables and connections, recording equipment, RAM or ROM 61
units, acoustic couplers, automatic dialers, speed dialers, 62
programmable telephone dialing or signaling devices and 63
58
electronic tone-generating devices; as well as any devices, 64
mechanisms or parts that can be used to restrict access to 65
computer hardware, such as physical keys and locks; 66
(8) "Computer network", two or more interconnected 67
computers or computer systems; 68
(9) "Computer program", a set of instructions, 69
statements, or related data that directs or is intended to 70
direct a computer to perform certain functions; 71
(10) "Computer software", digital information which 72
can be interpreted by a computer and any of its related 73
components to direct the way they work. Software is stored 74
in electronic, magnetic, optical or other digital form. The 75
term commonly includes programs to run operating systems and 76
applications, such as word processing , graphic, or 77
spreadsheet programs, utilities, compilers, interpreters and 78
communications programs; 79
(11) "Computer-related documentation", written, 80
recorded, printed or electronically stored material which 81
explains or illustrates how to configure or use computer 82
hardware, software or other related items; 83
(12) "Computer system", a set of related, connected or 84
unconnected, computer equipment, data, or software; 85
(13) "Confinement": 86
(a) A person is in confinement when such person i s 87
held in a place of confinement pursuant to arrest or order 88
of a court, and remains in confinement until: 89
a. A court orders the person's release; or 90
b. The person is released on bail, bond, or 91
recognizance, personal or otherwise; or 92
c. A public servant having the legal power and duty to 93
confine the person authorizes his release without guard and 94
without condition that he return to confinement; 95
(b) A person is not in confinement if: 96
59
a. The person is on probation or parole, temporary or 97
otherwise; or 98
b. The person is under sentence to serve a term of 99
confinement which is not continuous, or is serving a 100
sentence under a work -release program, and in either such 101
case is not being held in a place of confinement or is n ot 102
being held under guard by a person having the legal power 103
and duty to transport the person to or from a place of 104
confinement; 105
(14) "Consent": consent or lack of consent may be 106
expressed or implied. Assent does not constitute consent if: 107
(a) It is given by a person who lacks the mental 108
capacity to authorize the conduct charged to constitute the 109
offense and such mental incapacity is manifest or known to 110
the actor; or 111
(b) It is given by a person who by reason of youth, 112
mental disease or defect, intoxication, a drug -induced 113
state, or any other reason is manifestly unable or known by 114
the actor to be unable to make a reasonable judgment as to 115
the nature or harmfulness of the conduct charged to 116
constitute the offense; or 117
(c) It is induced by force, duress or deception; 118
(15) "Controlled substance", a drug, substance, or 119
immediate precursor in schedules I through V as defined in 120
chapter 195; 121
(16) "Criminal negligence", failure to be aware of a 122
substantial and unjustifiable risk that circumstances exist 123
or a result will follow, and such failure constitutes a 124
gross deviation from the standard of care which a reasonable 125
person would exercise in the situation; 126
(17) "Custody", a person is in custody when he or she 127
has been arrested but has not been delivered to a place of 128
confinement; 129
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(18) "Damage", when used in relation to a computer 130
system or network, means any alteration, deletion, or 131
destruction of any part of the computer system or network; 132
(19) "Dangerous felony", the felonies of arson in the 133
first degree, assault in the first degree, attempted rape in 134
the first degree if physical injury results, attempted 135
forcible rape if physical injury results, attempted sodomy 136
in the first degree if physical injury results, attempted 137
forcible sodomy if physical injury results, rape in the 138
first degree, forcible rape, sodomy in the first degree, 139
forcible sodomy, assault in the second degree if the victim 140
of such assault is a special victim as defi ned in 141
subdivision (14) of section 565.002, kidnapping in the first 142
degree, kidnapping, murder in the second degree, assault of 143
a law enforcement officer in the first degree, domestic 144
assault in the first degree, elder abuse in the first 145
degree, robbery in the first degree, armed criminal action, 146
conspiracy to commit an offense when the offense is a 147
dangerous felony, vehicle hijacking when punished as a class 148
A felony, statutory rape in the first degree when the victim 149
is a child less than twelve y ears of age at the time of the 150
commission of the act giving rise to the offense, statutory 151
sodomy in the first degree when the victim is a child less 152
than twelve years of age at the time of the commission of 153
the act giving rise to the offense, child mo lestation in the 154
first or second degree, abuse of a child if the child dies 155
as a result of injuries sustained from conduct chargeable 156
under section 568.060, child kidnapping, parental kidnapping 157
committed by detaining or concealing the whereabouts of t he 158
child for not less than one hundred twenty days under 159
section 565.153, bus hijacking when punished as a class A 160
felony, planting a bomb or explosive in or near a bus or 161
terminal, and an "intoxication -related traffic offense" or 162
61
"intoxication-related boating offense" if the person is 163
found to be a "habitual offender" or "habitual boating 164
offender" as such terms are defined in section 577.001; 165
(20) "Dangerous instrument", any instrument, article 166
or substance, which, under the circumstances in which it is 167
used, is readily capable of causing death or other serious 168
physical injury; 169
(21) "Data", a representation of information, facts, 170
knowledge, concepts, or instructions prepared in a 171
formalized or other manner and intended for use in a 172
computer or computer network. Data may be in any form 173
including, but not limited to, printouts, microfiche, 174
magnetic storage media, punched cards and as may be stored 175
in the memory of a computer; 176
(22) "Deadly weapon", any firearm, loaded or unlo aded, 177
or any weapon from which a shot, readily capable of 178
producing death or serious physical injury, may be 179
discharged, or a switchblade knife, dagger, billy club, 180
blackjack or metal knuckles; 181
(23) "Digital camera", a camera that records images in 182
a format which enables the images to be downloaded into a 183
computer; 184
(24) "Disability", a mental, physical, or 185
developmental impairment that substantially limits one or 186
more major life activities or the ability to provide 187
adequately for one's care or protection, whether the 188
impairment is congenital or acquired by accident, injury or 189
disease, where such impairment is verified by medical 190
findings; 191
(25) "Elderly person", a person sixty years of age or 192
older; 193
62
(26) "Felony", an offense so designated or an offense 194
for which persons found guilty thereof may be sentenced to 195
death or imprisonment for a term of more than one year; 196
(27) "Forcible compulsion" either: 197
(a) Physical force that overcomes reasonable 198
resistance; or 199
(b) A threat, express or implied, that places a person 200
in reasonable fear of death, serious physical injury or 201
kidnapping of such person or another person; 202
(28) "Incapacitated", a temporary or permanent 203
physical or mental condition in which a person is 204
unconscious, unable to appraise the nature of his or her 205
conduct, or unable to communicate unwillingness to an act; 206
(29) "Infraction", a violation defined by this code or 207
by any other statute of this state if it is so designated or 208
if no sentence other than a fine, or fine and forfeiture or 209
other civil penalty, is authorized upon conviction; 210
(30) "Inhabitable structure", a vehicle, vessel or 211
structure: 212
(a) Where any person lives or carries on business or 213
other calling; or 214
(b) Where people assemble for purposes of business, 215
government, education, religion, entertainment, or public 216
transportation; or 217
(c) Which is used for overnight accommodation of 218
persons. 219
Any such vehicle, vessel, or structure is inhabitabl e 220
regardless of whether a person is actually present. If a 221
building or structure is divided into separately occupied 222
units, any unit not occupied by the actor is an inhabitable 223
structure of another; 224
(31) "Knowingly", when used with respect to: 225
63
(a) Conduct or attendant circumstances, means a person 226
is aware of the nature of his or her conduct or that those 227
circumstances exist; or 228
(b) A result of conduct, means a person is aware that 229
his or her conduct is practically certain to cause that 230
result; 231
(32) "Law enforcement officer", any public servant 232
having both the power and duty to make arrests for 233
violations of the laws of this state, and federal law 234
enforcement officers authorized to carry firearms and to 235
make arrests for violations of the laws of the United States; 236
(33) "Misdemeanor", an offense so designated or an 237
offense for which persons found guilty thereof may be 238
sentenced to imprisonment for a term of which the maximum is 239
one year or less; 240
(34) "Of another", property that any entity, including 241
but not limited to any natural person, corporation, limited 242
liability company, partnership, association, governmental 243
subdivision or instrumentality, other than the actor, has a 244
possessory or proprietary intere st therein, except that 245
property shall not be deemed property of another who has 246
only a security interest therein, even if legal title is in 247
the creditor pursuant to a conditional sales contract or 248
other security arrangement; 249
(35) "Offense", any felony or misdemeanor; 250
(36) "Physical injury", slight impairment of any 251
function of the body or temporary loss of use of any part of 252
the body; 253
(37) "Place of confinement", any building or facility 254
and the grounds thereof wherein a court is l egally 255
authorized to order that a person charged with or convicted 256
of a crime be held; 257
64
(38) "Possess" or "possessed", having actual or 258
constructive possession of an object with knowledge of its 259
presence. A person has actual possession if such pe rson has 260
the object on his or her person or within easy reach and 261
convenient control. A person has constructive possession if 262
such person has the power and the intention at a given time 263
to exercise dominion or control over the object either 264
directly or through another person or persons. Possession 265
may also be sole or joint. If one person alone has 266
possession of an object, possession is sole. If two or more 267
persons share possession of an object, possession is joint; 268
(39) "Property", anything of value, whether real or 269
personal, tangible or intangible, in possession or in action; 270
(40) "Public servant", any person employed in any way 271
by a government of this state who is compensated by the 272
government by reason of such person's employmen t, any person 273
appointed to a position with any government of this state, 274
or any person elected to a position with any government of 275
this state. It includes, but is not limited to, 276
legislators, jurors, members of the judiciary and law 277
enforcement officers. It does not include witnesses; 278
(41) "Purposely", when used with respect to a person's 279
conduct or to a result thereof, means when it is his or her 280
conscious object to engage in that conduct or to cause that 281
result; 282
(42) "Recklessly", consciously disregarding a 283
substantial and unjustifiable risk that circumstances exist 284
or that a result will follow, and such disregard constitutes 285
a gross deviation from the standard of care which a 286
reasonable person would exercise in the situation; 287
(43) "Serious emotional injury", an injury that 288
creates a substantial risk of temporary or permanent medical 289
or psychological damage, manifested by impairment of a 290
65
behavioral, cognitive or physical condition. Serious 291
emotional injury shall be esta blished by testimony of 292
qualified experts upon the reasonable expectation of 293
probable harm to a reasonable degree of medical or 294
psychological certainty; 295
(44) "Serious physical injury", physical injury that 296
creates a substantial risk of death or t hat causes serious 297
disfigurement or protracted loss or impairment of the 298
function of any part of the body; 299
(45) "Services", when used in relation to a computer 300
system or network, means use of a computer, computer system, 301
or computer network and i ncludes, but is not limited to, 302
computer time, data processing, and storage or retrieval 303
functions; 304
(46) "Sexual orientation", male or female 305
heterosexuality, homosexuality or bisexuality by 306
inclination, practice, identity or expression, or havin g a 307
self-image or identity not traditionally associated with 308
one's gender; 309
(47) "Vehicle", a self-propelled mechanical device 310
designed to carry a person or persons, excluding vessels or 311
aircraft; 312
(48) "Vessel", any boat or craft propelled b y a motor 313
or by machinery, whether or not such motor or machinery is a 314
principal source of propulsion used or capable of being used 315
as a means of transportation on water, or any boat or craft 316
more than twelve feet in length which is powered by sail 317
alone or by a combination of sail and machinery, and used or 318
capable of being used as a means of transportation on water, 319
but not any boat or craft having, as the only means of 320
propulsion, a paddle or oars; 321
(49) "Voluntary act": 322
66
(a) A bodily movement performed while conscious as a 323
result of effort or determination. Possession is a 324
voluntary act if the possessor knowingly procures or 325
receives the thing possessed, or having acquired control of 326
it was aware of his or her control for a suffici ent time to 327
have enabled him or her to dispose of it or terminate his or 328
her control; or 329
(b) An omission to perform an act of which the actor 330
is physically capable. A person is not guilty of an offense 331
based solely upon an omission to perform an act unless the 332
law defining the offense expressly so provides, or a duty to 333
perform the omitted act is otherwise imposed by law; 334
(50) "Vulnerable person", any person in the custody, 335
care, or control of the department of mental health who is 336
receiving services from an operated, funded, licensed, or 337
certified program. 338
566.210. 1. A person commits the offense of sexual 1
trafficking of a child in the first degree if he or she 2
knowingly: 3
(1) Recruits, entices, harbors, t ransports, provides, 4
or obtains by any means, including but not limited to 5
through the use of force, abduction, coercion, fraud, 6
deception, blackmail, or causing or threatening to cause 7
financial harm, a person under the age of [twelve] fourteen 8
to participate in a commercial sex act, a sexual 9
performance, or the production of explicit sexual material 10
as defined in section 573.010, or benefits, financially or 11
by receiving anything of value, from participation in such 12
activities; 13
(2) Causes a person under the age of [twelve] fourteen 14
to engage in a commercial sex act, a sexual performance, or 15
the production of explicit sexual material as defined in 16
section 573.010; or 17
67
(3) Advertises the availability of a person under the 18
age of [twelve] fourteen to participate in a commercial sex 19
act, a sexual performance, or the production of explicit 20
sexual material as defined in section 573.010. 21
2. It shall not be a defense that the defendant 22
believed that the person was [twelve] fourteen years of age 23
or older. 24
3. The offense of sexual trafficking of a child in the 25
first degree is a felony for which the authorized term of 26
imprisonment is life imprisonment without eligibility for 27
probation or parole until the offender has served not less 28
than [twenty-five] thirty years of such sentence. 29
Subsection 4 of section 558.019 shall not apply to the 30
sentence of a person who has been found guilty of sexual 31
trafficking of a child less than [twelve] fourteen years of 32
age, and "life impriso nment" shall mean imprisonment for the 33
duration of a person's natural life for the purposes of this 34
section. 35
566.211. 1. A person commits the offense of sexual 1
trafficking of a child in the second degree if he or she 2
knowingly: 3
(1) Recruits, entices, harbors, transports, provides, 4
or obtains by any means, including but not limited to 5
through the use of force, abduction, coercion, fraud, 6
deception, blackmail, or causing or threatening to cause 7
financial harm, a person und er the age of eighteen to 8
participate in a commercial sex act, a sexual performance, 9
or the production of explicit sexual material as defined in 10
section 573.010, or benefits, financially or by receiving 11
anything of value, from participation in such act ivities; 12
(2) Causes a person under the age of eighteen to 13
engage in a commercial sex act, a sexual performance, or the 14
68
production of explicit sexual material as defined in section 15
573.010; or 16
(3) Advertises the availability of a person under the 17
age of eighteen to participate in a commercial sex act, a 18
sexual performance, or the production of explicit sexual 19
material as defined in section 573.010. 20
2. It shall not be a defense that the defendant 21
believed that the person was eighteen years of age or older. 22
3. The offense of sexual trafficking of a child in the 23
second degree is a felony punishable by imprisonment for a 24
term of years not less than [ten] twenty years or life and a 25
fine not to exceed two hundred fifty thousand dol lars if the 26
child is under the age of eighteen. If a violation of this 27
section was effected by force, abduction, or coercion, the 28
crime of sexual trafficking of a child shall be a felony for 29
which the authorized term of imprisonment is life 30
imprisonment without eligibility for probation or parole 31
until the defendant has served not less than twenty -five 32
years of such sentence. 33
568.045. 1. A person commits the offense of 1
endangering the welfare of a child in the first degree if he 2
or she: 3
(1) Knowingly acts in a manner that creates a 4
substantial risk to the life, body, or health of a child 5
less than seventeen years of age; [or] 6
(2) Knowingly engages in sexual conduct with a person 7
under the age of seventeen years over whom the person is a 8
parent, guardian, or otherwise charged with the care and 9
custody; 10
(3) Knowingly encourages, aids or causes a child less 11
than seventeen years of age to engage in any conduct which 12
violates the provisions of chapter 571 o r 579; or 13
69
(4) In the presence of a child less than seventeen 14
years of age or in a residence where a child less than 15
seventeen years of age resides, unlawfully manufactures or 16
attempts to manufacture compounds, possesses, produces, 17
prepares, sells, transports, tests or analyzes any of the 18
following: fentanyl, carfentanil, amphetamine, or 19
methamphetamine, or any [of its analogues] analogue thereof. 20
2. The offense of endangering the welfare of a child 21
in the first degree is a class D felony unless the offense: 22
(1) Is committed as part of an act or series of acts 23
performed by two or more persons as part of an established 24
or prescribed pattern of activity, or where physical injury 25
to the child results, or the offense is a second or 26
subsequent offense under this section, in which case the 27
offense is a class C felony; 28
(2) Involves fentanyl or carfentanil, or any analogue 29
thereof, in which case: 30
(a) The offense is a class B felony; and 31
(b) A person sentenced under this subdivision shall 32
not be eligible for conditional release or parole until he 33
or she has served at least five years of imprisonment; 34
(3) Results in serious physical injury to the child, 35
in which case the offense is a class B felony; or 36
[(3)] (4) Results in the death of a child, in which 37
case the offense is a class A felony. 38
570.030. 1. A person commits the offense of stealing 1
if he or she: 2
(1) Appropriates property or services of another with 3
the purpose to deprive him or her thereof, either without 4
his or her consent or by means of deceit or coercion; 5
(2) Attempts to appropriate anhydrous ammonia or 6
liquid nitrogen of another with the purpose to deprive him 7
70
or her thereof, either without his or her con sent or by 8
means of deceit or coercion; or 9
(3) For the purpose of depriving the owner of a lawful 10
interest therein, receives, retains or disposes of property 11
of another knowing that it has been stolen, or believing 12
that it has been stolen. 13
2. The offense of stealing is a class A felony if the 14
property appropriated consists of any of the following 15
containing any amount of anhydrous ammonia: a tank truck, 16
tank trailer, rail tank car, bulk storage tank, field nurse, 17
field tank or field app licator. 18
3. The offense of stealing is a class B felony if: 19
(1) The property appropriated or attempted to be 20
appropriated consists of any amount of anhydrous ammonia or 21
liquid nitrogen; 22
(2) The property consists of any animal considered 23
livestock as the term livestock is defined in section 24
144.010, or any captive wildlife held under permit issued by 25
the conservation commission, and the value of the animal or 26
animals appropriated exceeds three thousand dollars and that 27
person has previously been found guilty of appropriating any 28
animal considered livestock or captive wildlife held under 29
permit issued by the conservation commission. 30
Notwithstanding any provision of law to the contrary, such 31
person shall serve a minimum prison term of not less than 32
eighty percent of his or her sentence before he or she is 33
eligible for probation, parole, conditional release, or 34
other early release by the department of corrections; 35
(3) A person appropriates property consisting of a 36
motor vehicle, watercraft, or aircraft, and that person has 37
previously been found guilty of two stealing -related 38
offenses committed on two separate occasions where such 39
71
offenses occurred within ten years of the date of occurrence 40
of the present offense; 41
(4) The property appropriated or attempted to be 42
appropriated consists of any animal considered livestock as 43
the term is defined in section 144.010 if the value of the 44
livestock exceeds ten thousand dollars; [or] 45
(5) The property appropriated or at tempted to be 46
appropriated is owned by or in the custody of a financial 47
institution and the property is taken or attempted to be 48
taken physically from an individual person to deprive the 49
owner or custodian of the property ; or 50
(6) The person appropriates property, the person's 51
course of conduct is part of an organized retail theft, and 52
the value of the property taken, combined with any property 53
damage inflicted in such theft, is ten thousand dollars or 54
more. 55
4. The offense of stealing is a class C felony if: 56
(1) The value of the property or services appropriated 57
is twenty-five thousand dollars or more [or]; 58
(2) The property is a teller machine or the contents 59
of a teller machine, including cash, regardless of the value 60
or amount; or 61
(3) The person appropriates property, the person's 62
course of conduct is part of an organized retail theft, and 63
the value of the property taken, combined with any property 64
damage inflicted in such theft, is seven hundred fifty 65
dollars or more but less than ten thousand dollars . 66
5. The offense of stealing is a class D felony if: 67
(1) The value of the property or services appropriated 68
is seven hundred fifty dollars or more; 69
(2) The offender physically takes the property 70
appropriated from the person of the victim; or 71
(3) The property appropriated consists of: 72
72
(a) Any motor vehicle, watercraft or aircraft; 73
(b) Any will or unrecorded deed affecting real 74
property; 75
(c) Any credit device, debit device or letter of 76
credit; 77
(d) Any firearms; 78
(e) Any explosive weapon as defined in section 571.010; 79
(f) Any United States national flag designed, intended 80
and used for display on buildings or stationary flagstaffs 81
in the open; 82
(g) Any original copy of an act, bill or resolution, 83
introduced or acted upon by the legislature of the state of 84
Missouri; 85
(h) Any pleading, notice, judgment or any other record 86
or entry of any court of this state, any other state or of 87
the United States; 88
(i) Any book of registration or list of voters 89
required by chapter 115; 90
(j) Any animal considered livestock as that term is 91
defined in section 144.010; 92
(k) Any live fish raised for commercial sale with a 93
value of seventy-five dollars or more; 94
(l) Any captive wildlife held under permit issued by 95
the conservation commission; 96
(m) Any controlled substance as defined by section 97
195.010; 98
(n) Ammonium nitrate; 99
(o) Any wire, electrical transformer, or metallic wire 100
associated with transmitting telecommunications, video, 101
internet, or voice over internet protocol service, or any 102
other device or pipe that is associated with conducting 103
electricity or transporting natural gas or other combustible 104
fuels; or 105
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(p) Any material appropriated with the intent to use 106
such material to manufacture, compound, produce, prepare, 107
test or analyze amphetamine or methamphetamine or any of 108
their analogues. 109
6. The offense of stealing is a class E felony if: 110
(1) The property appropriated is an animal; 111
(2) The property is a catalytic converter; 112
(3) A person has previously been found guilty of three 113
stealing-related offenses committed on three separate 114
occasions where such offenses occurred within ten years of 115
the date of occurrence of the present offense; or 116
(4) The property appropriated is a letter, postal 117
card, package, bag, or other sealed article that was 118
delivered by a common carrier or delivery service and not 119
yet received by the addressee o r that had been left to be 120
collected for shipment by a common carrier or delivery 121
service. 122
7. The offense of stealing is a class D misdemeanor if 123
the property is not of a type listed in subsection 2, 3, 5, 124
or 6 of this section, the property appro priated has a value 125
of less than one hundred fifty dollars, and the person has 126
no previous findings of guilt for a stealing -related offense. 127
8. The offense of stealing is a class A misdemeanor if 128
no other penalty is specified in this section. 129
9. If a violation of this section is subject to 130
enhanced punishment based on prior findings of guilt, such 131
findings of guilt shall be pleaded and proven in the same 132
manner as required by section 558.021. 133
10. The appropriation of any property or services of a 134
type listed in subsection 2, 3, 5, or 6 of this section or 135
of a value of seven hundred fifty dollars or more may be 136
considered a separate felony and may be charged in separate 137
counts. 138
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11. The value of property or services appropriat ed 139
pursuant to one scheme or course of conduct, whether from 140
the same or several owners and whether at the same or 141
different times, constitutes a single criminal episode and 142
may be aggregated in determining the grade of the offense, 143
except as set forth in subsection 10 of this section. 144
12. As used in this section, the term "organized 145
retail theft" means: 146
(1) Any act of stealing committed by one or more 147
persons, as part of any agreement to steal property from any 148
business, and separate ac ts of stealing that are part of any 149
ongoing agreement to steal may be aggregated for the purpose 150
of determining value regardless of whether such acts are 151
committed in the same jurisdiction or at the same time; 152
(2) Any act of receiving or possessin g any property 153
that has been taken or stolen in violation of subdivision 154
(1) of this subsection while knowing or having reasonable 155
grounds to believe the property is stolen from any business 156
in violation of this section, and separate acts of receiving 157
or possessing such stolen property that are part of any 158
ongoing agreement to receive or possess such stolen property 159
may be aggregated for the purpose of determining value 160
regardless of whether such acts are committed in the same 161
jurisdiction or at th e same time; or 162
(3) Any act of organizing, supervising, financing, 163
leading, or managing between one or more persons to engage 164
for profit in a scheme or course of conduct to effectuate or 165
intend to effectuate the transfer or sale of property stolen 166
from any business in violation of this section, and separate 167
acts of organizing, supervising, financing, leading, or 168
managing between one or more persons to engage for profit in 169
a scheme or course of conduct to effectuate or intend to 170
effectuate the transfer or sale of such stolen property that 171
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are part of any ongoing agreement to organize, supervise, 172
finance, lead, or manage between one or more persons to 173
engage for profit in a scheme or course of conduct to 174
effectuate or intend to effectuate the transfer or sale of 175
such stolen property may be aggregated for the purpose of 176
determining the value regardless of whether such acts are 177
committed in the same jurisdiction or at the same time. 178
13. If any prosecuting attorney or circuit attorney 179
makes a request in writing to the attorney general, the 180
attorney general shall have the authority to commence and 181
prosecute the offense of stealing if such offense involves 182
organized retail theft, and any other offenses that directly 183
arise from or causally occur as a result of an alleged 184
violation of the offense of stealing involving organized 185
retail theft, in each or any county or a city not within a 186
county in which the offense occurred with the same power and 187
authority granted to prosecuting attorn eys in section 56.060 188
and circuit attorneys in section 56.450, except that all 189
costs and fees of such prosecution by the attorney general 190
shall be paid by the state and not by any county or local 191
government. 192
14. No provision of this section shall grant any 193
additional power to the attorney general beyond commencement 194
and prosecution of offenses as authorized in this section. 195
575.133. 1. A person commits the offense of filing a 1
nonconsensual common law lien if he or she fil es a document 2
that purports to assert a lien against the assets, real or 3
personal, of any person and that, regardless of any self - 4
description: 5
(1) Is not expressly provided for by a specific state 6
or federal statute; 7
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(2) Does not depend upon the consent of the owner of 8
the property affected or the existence of a contract for its 9
existence; and 10
(3) Is not an equitable or constructive lien imposed 11
by a state or federal court of competent jurisdiction. 12
2. This section shall not a pply to a filing officer as 13
defined in section 428.105 that is acting in the scope of 14
his or her employment. 15
3. The offense of filing a nonconsensual common law 16
lien is a class B misdemeanor , unless it is a second 17
offense, in which case it is a c lass A misdemeanor. Any 18
third or subsequent offense of filing a nonconsensual common 19
law lien is a class E felony. Any person convicted of a 20
third or subsequent offense of filing a nonconsensual common 21
law lien shall be considered a persistent offend er, as such 22
term is defined in section 558.016 . 23
575.150. 1. A person commits the offense of resisting 1
or interfering with arrest, detention, or stop if he or she 2
knows or reasonably should know that a law enforcement 3
officer is making an arrest or attempting to lawfully detain 4
or stop an individual or vehicle, and for the purpose of 5
preventing the officer from effecting the arrest, stop or 6
detention, he or she: 7
(1) Resists the arrest, stop or detention of such 8
person by using or threatening the use of violence or 9
physical force or by fleeing from such officer; or 10
(2) Interferes with the arrest, stop or detention of 11
another person by using or threatening the use of violence, 12
physical force or physical interference . 13
2. This section applies to: 14
(1) Arrests, stops, or detentions, with or without 15
warrants; 16
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(2) Arrests, stops, or detentions, for any offense, 17
infraction, or ordinance violation; and 18
(3) Arrests for warrants issued by a court or a 19
probation and parole officer. 20
3. A person is presumed to be fleeing a vehicle stop 21
if he or she continues to operate a motor vehicle after he 22
or she has seen or should have seen clearly visible 23
emergency lights or has heard or should have heard an 24
audible signal emanating from the law enforcement vehicle 25
pursuing him or her. 26
4. It is no defense to a prosecution pursuant to 27
subsection 1 of this section that the law enforcement 28
officer was acting unlawfully in making the arrest. 29
However, nothing in this section shall be construed to bar 30
civil suits for unlawful arrest. 31
5. The offense of resisting or interfering with an 32
arrest is a class E felony for an arrest for a: 33
(1) Felony; 34
(2) Warrant issued for failure to appear on a felony 35
case; or 36
(3) Warrant issued for a probation violation on a 37
felony case. 38
The offense of resisting an arrest, detention or stop in 39
violation of subdivision (1) or (2) of subsection 1 of this 40
section is a class A misdemeanor, unless t he person fleeing 41
creates a substantial risk of serious physical injury or 42
death to any person, in which case it is a class E felony. 43
6. In the case of a conviction or a plea of guilty 44
under this section that is subject to punishment as a class 45
E felony, any vehicle used in violation of this section may 46
be impounded and forfeited pursuant to section 82.1000 and 47
sections 513.600 to 513.645. 48
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576.030. 1. A person commits the offense of 1
obstructing government operations if he or she purposely 2
obstructs, impairs, hinders or perverts the performance of a 3
governmental function by the use or threat of violence, 4
force, or other physical interference or obstacle. 5
2. The offense of obstructing government operations is 6
a class B misdemeanor. The offense of obstructing 7
government operations is a class A misdemeanor if the person 8
uses violence or force. 9
577.150. 1. A person commits the offense of tampering 1
with a water supply if he or she purposely: 2
(1) Poisons, defiles, or in any way corrupts the water 3
of a well, spring, brook , or reservoir used for domestic or 4
municipal purposes; or 5
(2) Diverts, dams up, and holds back from its natural 6
course and flow any spring, brook , or other water supply for 7
domestic or municipal purposes, after said water supply 8
shall have once been taken for use by any person or persons, 9
corporation, town, or city for their use. 10
2. The offense of tampering with a water supply is a 11
class E felony when the offense is a violation of 12
subdivision (1) of subsection 1 of this section and is a 13
class A misdemeanor when the offense is a violation of 14
subdivision (2) of subsection 1 of this section . 15
590.040. 1. The POST commission shall set the minimum 1
number of hours of basic training for licensure as a peace 2
officer no lower than six hundred, with the following 3
exceptions: 4
(1) Up to one thousand hours may be mandated for any 5
class of license required for commission by a state law 6
enforcement agency; 7
(2) As few as one hundred twenty hours may be mandated 8
for any class of license restricted to commission as a 9
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reserve peace officer with police powers limited to the 10
commissioning political subdivision; 11
(3) Persons validly licensed on August 28, 2001, may 12
retain licensure without additional basic training; 13
(4) Persons licensed and commissioned within a county 14
of the third classification before July 1, 2002, may retain 15
licensure with one hundred twenty hours of ba sic training if 16
the commissioning political subdivision has adopted an order 17
or ordinance to that effect; 18
(5) Persons serving as a reserve officer on August 27, 19
2001, within a county of the first classification or a 20
county with a charter form of government and with more than 21
one million inhabitants on August 27, 2001, having 22
previously completed a minimum of one hundred sixty hours of 23
training, shall be granted a license necessary to function 24
as a reserve peace officer only within such county. For the 25
purposes of this subdivision, the term "reserve officer" 26
shall mean any person who serves in a less than full -time 27
law enforcement capacity, with or without pay and who, 28
without certification, has no power of arrest and who, 29
without certification, must be under the direct and 30
immediate accompaniment of a certified peace officer of the 31
same agency at all times while on duty; and 32
(6) The POST commission shall provide for the 33
recognition of basic training received at law enforcement 34
training centers of other states, the military, the federal 35
government and territories of the United States regardless 36
of the number of hours included in such training and shall 37
have authority to require supplemental training as a 38
condition of eligibilit y for licensure. 39
2. The director shall have the authority to limit any 40
exception provided in subsection 1 of this section to 41
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persons remaining in the same commission or transferring to 42
a commission in a similar jurisdiction. 43
3. The basic training of every peace officer, except 44
agents of the conservation commission, shall include at 45
least thirty hours of training in the investigation and 46
management of cases involving domestic and family violence. 47
Such training shall include instruction, s pecific to 48
domestic and family violence cases, regarding: report 49
writing; physical abuse, sexual abuse, child fatalities and 50
child neglect; interviewing children and alleged 51
perpetrators; the nature, extent and causes of domestic and 52
family violence; the safety of victims, other family and 53
household members and investigating officers; legal rights 54
and remedies available to victims, including rights to 55
compensation and the enforcement of civil and criminal 56
remedies; services available to victims an d their children; 57
the effects of cultural, racial and gender bias in law 58
enforcement; and state statutes. Said curriculum shall be 59
developed and presented in consultation with the department 60
of health and senior services, the children's division, 61
public and private providers of programs for victims of 62
domestic and family violence, persons who have demonstrated 63
expertise in training and education concerning domestic and 64
family violence, and the Missouri coalition against domestic 65
violence. 66
4. The basic training of every peace officer first 67
licensed on or after August 28, 2027, shall include at least 68
six hours of training concerning the prohibition against 69
racial profiling and such training shall promote 70
understanding and respect for racial and cultural 71
differences and the use of effective, noncombative methods 72
for carrying out law enforcement duties in a racially and 73
culturally diverse environment. Such training shall include 74
81
two hours of racial profiling training, two hours of 75
implicit bias training, and two hours of de -escalation 76
training. 77
590.208. 1. There is hereby established the 1
"Committee on School Safety" within the department of public 2
safety. 3
2. The committee shall consist of the following 4
members: 5
(1) Up to three representatives of the department of 6
public safety; 7
(2) A representative of the Missouri Sheriff's 8
Association; 9
(3) A representative of the Missouri Municipal League; 10
(4) A representative of the department of elementary 11
and secondary education; and 12
(5) A representative of the Missouri School Boards' 13
Association's Center for Education Safety. 14
3. One member who represents the department of public 15
safety shall serve as chair of the committee. 16
4. Members of the committee shall serve without 17
compensation but may be reimbursed for actual expenses 18
necessary to the performance of their official duties for 19
the committee. 20
5. The committee shall meet at least four times per 21
year, and at least once per calendar quarter, to evaluate 22
and establish guidelines for school safety concerns, 23
including plans to prevent school firearm violence. 24
6. Except as provided in section 610.021, all meetings 25
of the committee shall be open to the public. 26
7. The committee shall submit an annual report in 27
writing to the governor, president pro tempore of the 28
senate, and speaker of the house of representatives. 29
82
595.209. 1. The following rights shall automatically 1
be afforded to victims of dangerous felonies, as defined in 2
section 556.061, victims of murder in the first degree, as 3
defined in section 565.020, victims of voluntary 4
manslaughter, as defined in section 565.023, victims of any 5
offense under chapter 566, victims of an attempt to commit 6
one of the preceding crimes, as defined in section 562.012, 7
and victims of domestic assault, as defined in sections 8
565.072 to 565.076; and, upon written request, the following 9
rights shall be afforded to victims of all other crime s and 10
witnesses of crimes: 11
(1) For victims, the right to be present at all 12
criminal justice proceedings at which the defendant has such 13
right, including juvenile proceedings where the offense 14
would have been a felony if committed by an adult, eve n if 15
the victim is called to testify or may be called to testify 16
as a witness in the case; 17
(2) For victims, the right to information about the 18
crime, as provided for in subdivision (5) of this subsection; 19
(3) For victims and witnesses, to be informed, in a 20
timely manner, by the prosecutor's office of the filing of 21
charges, preliminary hearing dates, trial dates, 22
continuances and the final disposition of the case. Final 23
disposition information shall be provided within five days; 24
(4) For victims, the right to confer with and to be 25
informed by the prosecutor regarding bail hearings, guilty 26
pleas, pleas under chapter 552 or its successors, hearings, 27
sentencing and probation revocation hearings and the right 28
to be heard at such heari ngs, including juvenile 29
proceedings, unless in the determination of the court the 30
interests of justice require otherwise; 31
83
(5) For victims, the right to be informed by local law 32
enforcement agencies, the appropriate juvenile authorities 33
or the custodial authority of the following: 34
(a) The status of any case concerning a crime against 35
the victim, including juvenile offenses; 36
(b) The right to be informed by local law enforcement 37
agencies or the appropriate juvenile authorities of the 38
availability of victim compensation assistance, assistance 39
in obtaining documentation of the victim's losses, 40
including, but not limited to and subject to existing law 41
concerning protected information or closed records, access 42
to copies of complete, una ltered, unedited investigation 43
reports of motor vehicle, pedestrian, and other similar 44
accidents upon request to the appropriate law enforcement 45
agency by the victim or the victim's representative, and 46
emergency crisis intervention services available i n the 47
community; 48
(c) Any release of such person on bond or for any 49
other reason; 50
(d) Within twenty-four hours, any escape by such 51
person from a municipal detention facility, county jail, a 52
correctional facility operated by the department of 53
corrections, mental health facility, or the division of 54
youth services or any agency thereof, and any subsequent 55
recapture of such person; and 56
(e) The name of an informant who has been endorsed 57
under section 491.065 as a witness by a prosecuting or 58
circuit attorney and any benefit that has been requested by 59
or has been offered to the informant and any benefit that 60
may be provided at a future date in connection with such 61
endorsement; 62
(6) For victims, the right to be informed by 63
appropriate juvenile authorities of probation revocation 64
84
hearings initiated by the juvenile authority and the right 65
to be heard at such hearings or to offer a written 66
statement, video or audio tape, counsel or a representative 67
designated by the victim in lieu of a personal appearance, 68
the right to be informed by the board of probation and 69
parole of probation revocation hearings initiated by the 70
board and of parole hearings, the right to be present at 71
each and every phase of parole hearings, the right to be 72
heard at probation revocation and parole hearings or to 73
offer a written statement, video or audio tape, counsel or a 74
representative designated by the victim in lieu of a 75
personal appearance, and the right to have, upon written 76
request of the victim, a partition set up in the probation 77
or parole hearing room in such a way that the victim is 78
shielded from the view of the probationer or parolee, and 79
the right to be informed by the custodial mental health 80
facility or agency thereof of any hearings for the release 81
of a person committed pursuant to the provisions of chapter 82
552, the right to be present at such hearings, the right to 83
be heard at such hearings or to offer a written statement, 84
video or audio tape, counsel or a representative designated 85
by the victim in lieu of personal appearance; 86
(7) For victims and witnesses, upon their written 87
request, the right to be informed by the appropriate 88
custodial authority, including any municipal detention 89
facility, juvenile detention facility, coun ty jail, 90
correctional facility operated by the department of 91
corrections, mental health facility, division of youth 92
services or agency thereof if the offense would have been a 93
felony if committed by an adult, postconviction or 94
commitment pursuant to t he provisions of chapter 552 of the 95
following: 96
85
(a) The projected date of such person's release from 97
confinement; 98
(b) Any release of such person on bond; 99
(c) Any release of such person on furlough, work 100
release, trial release, electroni c monitoring program, or to 101
a community correctional facility or program or release for 102
any other reason, in advance of such release; 103
(d) Any scheduled parole or release hearings, 104
including hearings under section 217.362, regarding such 105
person and any changes in the scheduling of such hearings. 106
No such hearing shall be conducted without thirty days' 107
advance notice; 108
(e) Within twenty-four hours, any escape by such 109
person from a municipal detention facility, county jail, a 110
correctional facility operated by the department of 111
corrections, mental health facility, or the division of 112
youth services or any agency thereof, and any subsequent 113
recapture of such person; 114
(f) Any decision by a parole board, by a juvenile 115
releasing authority or by a circuit court presiding over 116
releases pursuant to the provisions of chapter 552, or by a 117
circuit court presiding over releases under section 217.362, 118
to release such person or any decision by the governor to 119
commute the sentence of such person or pardon such person; 120
and 121
(g) Notification within thirty days of the death of 122
such person; 123
(8) For witnesses who have been summoned by the 124
prosecuting attorney and for victims, to be notified by the 125
prosecuting attorney in a timely manner when a court 126
proceeding will not go on as scheduled; 127
(9) For victims and witnesses, the right to reasonable 128
protection from the defendant or any person acting on behalf 129
86
of the defendant from harm and threats of harm arising out 130
of their cooperation with law enforcement and prosecution 131
efforts; 132
(10) For victims and witnesses, on charged cases or 133
submitted cases where no charge decision has yet been made, 134
to be informed by the prosecuting attorney of the status of 135
the case and of the avail ability of victim compensation 136
assistance and of financial assistance and emergency and 137
crisis intervention services available within the community 138
and information relative to applying for such assistance or 139
services, and of any final decision by the p rosecuting 140
attorney not to file charges; 141
(11) For victims, to be informed by the prosecuting 142
attorney of the right to restitution which shall be 143
enforceable in the same manner as any other cause of action 144
as otherwise provided by law; 145
(12) For victims and witnesses, to be informed by the 146
court and the prosecuting attorney of procedures to be 147
followed in order to apply for and receive any witness fee 148
to which they are entitled; 149
(13) When a victim's property is no longer needed for 150
evidentiary reasons or needs to be retained pending an 151
appeal, the prosecuting attorney or any law enforcement 152
agency having possession of the property shall, upon request 153
of the victim, return such property to the victim within 154
five working days unless the property is contraband or 155
subject to forfeiture proceedings, or provide written 156
explanation of the reason why such property shall not be 157
returned; 158
(14) An employer may not discharge or discipline any 159
witness, victim or member of a victim's i mmediate family for 160
honoring a subpoena to testify in a criminal proceeding, 161
attending a criminal proceeding, or for participating in the 162
87
preparation of a criminal proceeding, or require any 163
witness, victim, or member of a victim's immediate family to 164
use vacation time, personal time, or sick leave for honoring 165
a subpoena to testify in a criminal proceeding, attending a 166
criminal proceeding, or participating in the preparation of 167
a criminal proceeding. A public school district, public 168
school, or charter school shall not discipline a child for 169
failure to comply with the district's or school's attendance 170
policy, and the parent or legal guardian shall not be deemed 171
to be in violation of the provisions of section 167.061, and 172
the district or school shall not otherwise discipline a 173
child, based on such child's honoring a subpoena to testify 174
in a criminal proceeding, attending a criminal proceeding, 175
or for participating in the preparation of a criminal 176
proceeding; 177
(15) For victims, to be prov ided with creditor 178
intercession services by the prosecuting attorney if the 179
victim is unable, as a result of the crime, temporarily to 180
meet financial obligations; 181
(16) For victims and witnesses, the right to speedy 182
disposition of their cases, and for victims, the right to 183
speedy appellate review of their cases, provided that 184
nothing in this subdivision shall prevent the defendant from 185
having sufficient time to prepare such defendant's defense. 186
The attorney general shall provide victims, upon their 187
written request, case status information throughout the 188
appellate process of their cases. The provisions of this 189
subdivision shall apply only to proceedings involving the 190
particular case to which the person is a victim or witness; 191
(17) For victims and witnesses, to be provided by the 192
court, a secure waiting area during court proceedings and to 193
receive notification of the date, time and location of any 194
hearing conducted by the court for reconsideration of any 195
88
sentence imposed, modificati on of such sentence or recall 196
and release of any defendant from incarceration; and 197
(18) For victims, the right to receive upon request 198
from the department of corrections a photograph taken of the 199
defendant prior to release from incarceration. 200
2. The provisions of subsection 1 of this section 201
shall not be construed to imply any victim who is 202
incarcerated by the department of corrections or any local 203
law enforcement agency has a right to be released to attend 204
any hearing or that the departm ent of corrections or the 205
local law enforcement agency has any duty to transport such 206
incarcerated victim to any hearing. 207
3. Those persons entitled to notice of events pursuant 208
to the provisions of subsection 1 of this section shall 209
provide the appropriate person or agency with their current 210
addresses, electronic mail addresses, and telephone numbers 211
or the addresses, electronic mail addresses, or telephone 212
numbers at which they wish notification to be given. 213
4. Notification by the approp riate person or agency 214
utilizing the statewide automated crime victim notification 215
system as established in section 650.310 shall constitute 216
compliance with the victim notification requirement of this 217
section. If notification utilizing the statewide a utomated 218
crime victim notification system cannot be used, then 219
written notification shall be sent by certified mail or 220
electronic mail to the most current address or electronic 221
mail address provided by the victim. 222
5. Victims' rights as establishe d in Section 32 of 223
Article I of the Missouri Constitution or the laws of this 224
state pertaining to the rights of victims of crime shall be 225
granted and enforced regardless of the desires of a 226
defendant and no privileges of confidentiality shall exist 227
in favor of the defendant to exclude victims or prevent 228
89
their full participation in each and every phase of parole 229
hearings or probation revocation hearings. The rights of 230
the victims granted in this section are absolute and the 231
policy of this state is that the victim's rights are 232
paramount to the defendant's rights. The victim has an 233
absolute right to be present at any hearing in which the 234
defendant is present before a probation and parole hearing 235
officer. 236
595.325. 1. There is hereby created the "Missing and 1
Murdered African American Women and Girls Task Force" to 2
consist of the following members: 3
(1) The following four members of the general assembly: 4
(a) Two members of the senate, with one member to be 5
appointed by the president pro tempore of the senate and one 6
member to be appointed by the minority floor leader of the 7
senate; and 8
(b) Two members of the house of representatives, with 9
one member to be appointed by the speaker of the house of 10
representatives and one member to be appointed by the 11
minority floor leader of the house of representatives; 12
(2) The director of the department of public safety or 13
his or her designee; 14
(3) Two representatives appointed by the director of 15
the department of public safety from among the following: 16
(a) A member from the Missouri Police Chiefs 17
Association; 18
(b) A member from the Missouri Sheriffs Association; or 19
(c) The superintendent of the Missouri highway patrol 20
or his or her designee ; 21
(4) One or more representatives appointed by the 22
director of public safety from among the following: 23
(a) The attorney general or his or her designee; 24
90
(b) The director of the Missouri office of prosecution 25
services; 26
(c) The president of the Missouri prosecutors 27
association; 28
(d) A judge or attorney working in a juvenile court; or 29
(e) An attorney working in the United States 30
Attorney's Office; 31
(5) A county coroner or a representative from a 32
statewide coroner's a ssociation; 33
(6) Three or more representatives appointed by the 34
director of public safety from among the following: 35
(a) A statewide or local organization that provides 36
legal services to African American women and girls; 37
(b) A statewide or local organization that provides 38
advocacy or counseling for African American women and girls 39
who have been victims of violence; 40
(c) A statewide or local organization that provides 41
services to African American women and girls; or 42
(d) An African American woman who is a survivor of 43
gender violence. 44
2. The task force shall appoint a chairperson who is 45
elected by a majority vote of the members of the task 46
force. The task force shall have an initial meeting before 47
October 1, 2025. The members of the task force shall serve 48
without compensation, but shall be entitled to necessary and 49
actual expenses incurred in attending meetings of the task 50
force. 51
3. The task force shall examine and report on the 52
following: 53
(1) The systemic causes behind violence that African 54
American women and girls experience, including patterns and 55
underlying factors that explain why disproportionately high 56
levels of violence occur against African American women and 57
91
girls, including underlying hist orical, social, economic, 58
institutional, and cultural factors that may contribute to 59
the violence; 60
(2) Appropriate methods for tracking and collecting 61
data on violence against African American women and girls, 62
including data on missing and murder ed African American 63
women and girls; 64
(3) Policies and institutions such as policing, child 65
welfare, coroner practices, and other governmental practices 66
that impact violence against African American women and 67
girls and the investigation and prosec ution of crimes of 68
gender violence against African American women and girls; 69
(4) Measures necessary to address and reduce violence 70
against African American women and girls; and 71
(5) Measures to help victims, victims' families, and 72
victims' communities prevent and heal from violence that 73
occurs against African American women and girls. 74
4. The department of public safety shall provide 75
administrative support to the task force. 76
5. On or before December thirty -first of each year, 77
the task force shall submit a report on its findings to the 78
governor and the general assembly. 79
6. The task force shall expire on December 31, 2027, 80
unless extended until December 31, 2029, as determined 81
necessary by the department of public safety. 82
650.058. 1. Notwithstanding the sovereign immunity of 1
the state, any individual who was found guilty of a felony 2
in a Missouri court and was later determined to be actually 3
innocent of such crime [solely as a result of DNA profil ing 4
analysis] may be paid restitution. The individual may 5
receive an amount of one hundred seventy-nine dollars per 6
day for each day of postconviction incarceration for the 7
crime for which the individual is determined to be actually 8
92
innocent. The petition for the payment of said restitution 9
shall be filed with the sentencing court. For the purposes 10
of this section, the term "actually innocent" shall mean: 11
(1) The individual was convicted of a felony for which 12
a final order of release was en tered by the court; 13
(2) All appeals of the order of release have been 14
exhausted; 15
(3) The individual was not serving any term of a 16
sentence for any other crime concurrently with the sentence 17
for which he or she is determined to be actually in nocent, 18
unless such individual was serving another concurrent 19
sentence because his or her parole was revoked by a court or 20
the parole board in connection with the crime for which the 21
person has been exonerated. Regardless of whether any other 22
basis may exist for the revocation of the person's probation 23
or parole at the time of conviction for the crime for which 24
the person is later determined to be actually innocent, when 25
the court's or the parole board's sole stated reason for the 26
revocation in its order is the conviction for the crime for 27
which the person is later determined to be actually 28
innocent, such order shall, for purposes of this section 29
only, be conclusive evidence that [their] the persons's 30
probation or parole was revoked in connecti on with the crime 31
for which the person has been exonerated; and 32
(4) Testing ordered under section 547.035, or testing 33
by the order of any state or federal court, if such person 34
was exonerated on or before August 28, 2004, or testing 35
ordered under section 650.055, if such person was or is 36
exonerated after August 28, 2004, or after an evidentiary 37
hearing and finding in a habeas corpus proceeding or a 38
proceeding held pursuant to section 547.031 which 39
demonstrates a person's innocence of the crime for which the 40
person is in custody. 41
93
Any individual who receives restitution under this section 42
shall be prohibited from seeking any civil redress from the 43
state, its departments and agencies, or any employee 44
thereof, or any political subdivision or it s employees. 45
This section shall not be construed as a waiver of sovereign 46
immunity for any purposes other than the restitution 47
provided for herein. The department of corrections shall 48
determine the aggregate amount of restitution owed during a 49
fiscal year. If insufficient moneys are appropriated each 50
fiscal year to pay restitution to such persons, the 51
department shall pay each individual who has received an 52
order awarding restitution a pro rata share of the amount 53
appropriated. Provided sufficient moneys are appropriated 54
to the department, the amounts owed to such individual shall 55
be paid on June thirtieth of each subsequent fiscal year, 56
until such time as the restitution to the individual has 57
been paid in full. However, no individual award ed 58
restitution under this subsection shall receive more than 59
[thirty-six] sixty-five thousand [five hundred] dollars 60
during each fiscal year. No interest on unpaid restitution 61
shall be awarded to the individual. [No individual who has 62
been determined by the court to be actually innocent shall 63
be responsible for the costs of care under section 217.831 ] 64
However, an individual may also be awarded other nonmonetary 65
relief, including counseling, housing assistance, and 66
personal financial literary assi stance. 67
2. If the results of the DNA testing confirm the 68
person's guilt, then the person filing for DNA testing under 69
section 547.035, shall: 70
(1) Be liable for any reasonable costs incurred when 71
conducting the DNA test, including but not lim ited to the 72
cost of the test. Such costs shall be determined by the 73
94
court and shall be included in the findings of fact and 74
conclusions of law made by the court; and 75
(2) Be sanctioned under the provisions of section 76
217.262. 77
3. A petition for payment of restitution under this 78
section may [only] be filed only by the individual 79
determined to be actually innocent or the individual's legal 80
guardian. No claim or petition for restitution under this 81
section may be filed by the individual's he irs or assigns. 82
An individual's right to receive restitution under this 83
section is not assignable or otherwise transferrable. The 84
state's obligation to pay restitution under this section 85
shall cease upon the individual's death. Any beneficiary 86
designation that purports to bequeath, assign, or otherwise 87
convey the right to receive such restitution shall be void 88
and unenforceable. 89
4. An individual who is determined to be actually 90
innocent of a crime under this chapter shall automatically 91
be granted an order of expungement from the court in which 92
he or she pled guilty or was sentenced to expunge from all 93
official records all recordations of his or her arrest, 94
plea, trial or conviction. Upon the court's granting of the 95
order of expungement , the records and files maintained in 96
any administrative or court proceeding in an associate or 97
circuit division of the court shall be confidential and 98
[only] available only to the parties or by order of the 99
court for good cause shown. The effect of such order shall 100
be to restore such person to the status he or she occupied 101
prior to such arrest, plea or conviction and as if such 102
event had never taken place. No person as to whom such 103
order has been entered shall be held thereafter under any 104
provision of any law to be guilty of perjury or otherwise 105
giving a false statement by reason of his or her failure to 106
95
recite or acknowledge such arrest, plea, trial, conviction 107
or expungement in response to any inquiry made of him or her 108
for any purpose what soever and no such inquiry shall be made 109
for information relating to an expungement under this 110
section. 111
Section 1. In the event that any section, provision, 1
clause, phrase, or word of this act or the application 2
thereof is declared invalid under the Constitution of the 3
United States or the Constitution of the State of Missouri, 4
it is the intent of the general assembly that the remaining 5
sections of this act remain in force and effect as far as 6
they are capable of being carried into execution as intended 7
by the general assembly. The general assembly hereby 8
declares that it would have passed each section, provision, 9
clause, phrase, or word thereof, irrespective of the fact 10
that any one or more sections, provisions, clauses, p hrases, 11
or words of this act or the application of this act would be 12
declared unenforceable, unconstitutional, or invalid. 13
[84.175. 1. Upon recommendation of the 1
chief of police, the board may authorize and 2
provide for the organi zation of a police reserve 3
force composed of members who receive a service 4
retirement under the provisions of sections 5
86.200 to 86.366 and who qualify under the 6
provisions of section 84.120. Such reserve 7
force shall be under the command of the chief of 8
police and shall be provided training, 9
equipment, uniforms, and arms as the chief shall 10
direct with the approval of the board. Members 11
of the reserve force shall possess all of the 12
powers of regular police officers and shall be 13
subject to all laws and regulations applicable 14
to police officers; provided, however, that the 15
city council or other governing body of any such 16
city may in its discretion fix a total in number 17
which the reserve force may not exceed. 18
2. In event of riot or other e mergencies 19
as declared and defined by the mayor, in 20
concurrence with the board, the board, upon 21
96
recommendation of the chief, may appoint special 22
officers or patrolmen for temporary service in 23
addition to the police reserve force herein 24
provided for, but the length of time for which 25
such officers or patrolmen shall be employed 26
shall be limited to the time during which such 27
emergency shall exist. ] 28
[84.240. The board of police commissioners 1
shall establish the Bertillon system o f 2
identification of criminals and others by means 3
of anthropometric indications, and they are 4
further required to employ such additional 5
assistance as may be necessary to properly 6
conduct and manage this department. ] 7
[84.341. No elected or appointed official 1
of the state or any political subdivision 2
thereof shall act or refrain from acting in any 3
manner to impede, obstruct, hinder, or otherwise 4
interfere with any member of a municipal police 5
force established under sections 8 4.343 to 6
84.346 in the performance of his or her job 7
duties, or with any aspect of any investigation 8
arising from the performance of such job 9
duties. This section shall not be construed to 10
prevent such officials from acting within the 11
normal course and scope of their employment or 12
from acting to implement sections 84.343 to 13
84.346. Any person who violates this section 14
shall be liable for a penalty of two thousand 15
five hundred dollars for each offense and shall 16
forever be disqualified from holdi ng any office 17
or employment whatsoever with the governmental 18
entity the person served at the time of the 19
violation. The penalty shall not be paid by the 20
funds of any committee as the term committee is 21
defined in section 130.011. This section shall 22
not be construed to interfere with the 23
punishment, under any laws of this state, of a 24
criminal offense committed by such officials, 25
nor shall this section apply to duly appointed 26
members of the municipal police force, or their 27
appointing authorities, whose conduct is 28
otherwise provided for by law. ] 29
97
[84.342. 1. It shall be an unlawful 1
employment practice for an official, employee, 2
or agent of a municipal police force established 3
under sections 84.343 to 84.346 to discharge, 4
demote, reduce the pay of, or otherwise 5
retaliate against an employee of the municipal 6
police force for reporting to any superior, 7
government agency, or the press the conduct of 8
another employee that the reporting employee 9
believes, in good faith, is i llegal. 10
2. Any employee of the municipal police 11
force may bring a cause of action for general or 12
special damages based on a violation of this 13
section.] 14
[84.343. 1. Subject to the provisions of 1
sections 84.344 to 84.346, any city not within a 2
county may establish a municipal police force 3
for the purposes of: 4
(1) Preserving the public peace, welfare, 5
and order; 6
(2) Preventing crime and arresting 7
suspected offenders; 8
(3) Enforcing the laws of the state and 9
ordinances of the city; 10
(4) Exercising all powers available to a 11
police force under generally applicable state 12
law; and 13
(5) Regulating and licensing all private 14
watchmen, private detectives, and private 15
policemen serving or acting as such in said city. 16
2. Any person who acts as a private 17
watchman, private detective, or private 18
policeman in said cities without having obtained 19
a written license from said cities is guilty of 20
a class A misdemeanor. ] 21
[84.344. 1. Notwithstanding any 1
provisions of this chapter to the contrary, any 2
city not within a county may establish a 3
municipal police force on or after July 1, 2013, 4
according to the procedures and requirements of 5
this section. The purpose of these procedur es 6
and requirements is to provide for an orderly 7
and appropriate transition in the governance of 8
the police force and provide for an equitable 9
98
employment transition for commissioned and 10
civilian personnel. 11
2. Upon the establishment of a municipa l 12
police force by a city under sections 84.343 to 13
84.346, the board of police commissioners shall 14
convey, assign, and otherwise transfer to the 15
city title and ownership of all indebtedness and 16
assets, including, but not limited to, all funds 17
and real and personal property held in the name 18
of or controlled by the board of police 19
commissioners created under sections 84.010 to 20
84.340. The board of police commissioners shall 21
execute all documents reasonably required to 22
accomplish such transfer of ow nership and 23
obligations. 24
3. If the city establishes a municipal 25
police force and completes the transfer 26
described in subsection 2 of this section, the 27
city shall provide the necessary funds for the 28
maintenance of the municipal police force. 29
4. Before a city not within a county may 30
establish a municipal police force under this 31
section, the city shall adopt an ordinance 32
accepting responsibility, ownership, and 33
liability as successor -in-interest for 34
contractual obligations, indebtedness, and other 35
lawful obligations of the board of police 36
commissioners subject to the provisions of 37
subsection 2 of section 84.345. 38
5. A city not within a county that 39
establishes a municipal police force shall 40
initially employ, without a reduction in rank, 41
salary, or benefits, all commissioned and 42
civilian personnel of the board of police 43
commissioners created under sections 84.010 to 44
84.340 that were employed by the board 45
immediately prior to the date the municipal 46
police force was established. Such commissioned 47
personnel who previously were employed by the 48
board may only be involuntarily terminated by 49
the city not within a county for cause. The 50
city shall also recognize all accrued years of 51
service that such commissioned and civilian 52
personnel had with the board of police 53
commissioners. Such personnel shall be entitled 54
to the same holidays, vacation, and sick leave 55
99
they were entitled to as employees of the board 56
of police commissioners. 57
6. Commissioned and civilian personnel o f 58
a municipal police force established under this 59
section shall not be subject to a residency 60
requirement of retaining a primary residence in 61
a city not within a county but may be required 62
to maintain a primary residence located within a 63
one-hour response time. 64
7. The commissioned and civilian personnel 65
who retire from service with the board of police 66
commissioners before the establishment of a 67
municipal police force under subsection 1 of 68
this section shall continue to be entitled to 69
the same pension benefits provided under chapter 70
86 and the same benefits set forth in subsection 71
5 of this section. 72
8. If the city not within a county elects 73
to establish a municipal police force under this 74
section, the city shall establish a separate 75
division for the operation of its municipal 76
police force. The civil service commission of 77
the city may adopt rules and regulations 78
appropriate for the unique operation of a police 79
department. Such rules and regulations shall 80
reserve exclusive auth ority over the 81
disciplinary process and procedures affecting 82
commissioned officers to the civil service 83
commission; however, until such time as the city 84
adopts such rules and regulations, the 85
commissioned personnel shall continue to be 86
governed by the board of police commissioner's 87
rules and regulations in effect immediately 88
prior to the establishment of the municipal 89
police force, with the police chief acting in 90
place of the board of police commissioners for 91
purposes of applying the rules and re gulations. 92
Unless otherwise provided for, existing civil 93
service commission rules and regulations 94
governing the appeal of disciplinary decisions 95
to the civil service commission shall apply to 96
all commissioned and civilian personnel. The 97
civil service commission's rules and regulations 98
shall provide that records prepared for 99
disciplinary purposes shall be confidential, 100
closed records available solely to the civil 101
100
service commission and those who possess 102
authority to conduct investigations regard ing 103
disciplinary matters pursuant to the civil 104
service commission's rules and regulations. A 105
hearing officer shall be appointed by the civil 106
service commission to hear any such appeals that 107
involve discipline resulting in a suspension of 108
greater than fifteen days, demotion, or 109
termination, but the civil service commission 110
shall make the final findings of fact, 111
conclusions of law, and decision which shall be 112
subject to any right of appeal under chapter 536. 113
9. A city not within a county that 114
establishes and maintains a municipal police 115
force under this section: 116
(1) Shall provide or contract for life 117
insurance coverage and for insurance benefits 118
providing health, medical, and disability 119
coverage for commissioned and civilian personn el 120
of the municipal police force to the same extent 121
as was provided by the board of police 122
commissioners under section 84.160; 123
(2) Shall provide or contract for medical 124
and life insurance coverage for any commissioned 125
or civilian personnel who r etired from service 126
with the board of police commissioners or who 127
were employed by the board of police 128
commissioners and retire from the municipal 129
police force of a city not within a county to 130
the same extent such medical and life insurance 131
coverage was provided by the board of police 132
commissioners under section 84.160; 133
(3) Shall make available medical and life 134
insurance coverage for purchase to the spouses 135
or dependents of commissioned and civilian 136
personnel who retire from service with the board 137
of police commissioners or the municipal police 138
force and deceased commissioned and civilian 139
personnel who receive pension benefits under 140
sections 86.200 to 86.366 at the rate that such 141
dependent's or spouse's coverage would cost 142
under the appropriate plan if the deceased were 143
living; and 144
(4) May pay an additional shift 145
differential compensation to commissioned and 146
civilian personnel for evening and night tours 147
101
of duty in an amount not to exceed ten percent 148
of the officer's base hour ly rate. 149
10. A city not within a county that 150
establishes a municipal police force under 151
sections 84.343 to 84.346 shall establish a 152
transition committee of five members for the 153
purpose of: coordinating and implementing the 154
transition of authori ty, operations, assets, and 155
obligations from the board of police 156
commissioners to the city; winding down the 157
affairs of the board; making nonbinding 158
recommendations for the transition of the police 159
force from the board to the city; and other 160
related duties, if any, established by executive 161
order of the city's mayor. Once the ordinance 162
referenced in this section is enacted, the city 163
shall provide written notice to the board of 164
police commissioners and the governor of the 165
state of Missouri. Within thirty days of such 166
notice, the mayor shall appoint three members to 167
the committee, two of whom shall be members of a 168
statewide law enforcement association that 169
represents at least five thousand law 170
enforcement officers. The remaining members of 171
the committee shall include the police chief of 172
the municipal police force and a person who 173
currently or previously served as a commissioner 174
on the board of police commissioners, who shall 175
be appointed to the committee by the mayor of 176
such city.] 177
[84.345. 1. Except as required for the 1
board of police commissioners to conclude its 2
affairs and pursue legal claims and defenses, 3
upon the establishment of a municipal police 4
force, the terms of office of the commissioners 5
of the board of police created under sections 6
84.020 and 84.030 shall expire, and the 7
provisions of sections 84.010 to 84.340 shall 8
not apply to any city not within a county or its 9
municipal police force as of such date. The 10
board shall continue to oper ate, if necessary, 11
to wind down the board's affairs until the 12
transfer of ownership and obligations under 13
subsection 2 of section 84.344 has been 14
completed. During such time, the board of 15
102
police commissioners shall designate and 16
authorize its secret ary to act on behalf of the 17
board for purposes of performing the board's 18
duties and any other actions incident to the 19
transfer and winding down of the board's affairs. 20
2. For any claim, lawsuit, or other action 21
arising out of actions occurring be fore the date 22
of completion of the transfer provided under 23
subsection 2 of section 84.344, the state shall 24
continue to provide legal representation as set 25
forth in section 105.726, and the state legal 26
expense fund shall continue to provide 27
reimbursement for such claims under section 28
105.726. This subsection applies to all claims, 29
lawsuits, and other actions brought against any 30
commissioner, police officer, employee, agent, 31
representative, or any individual or entity 32
acting or purporting to act o n its or their 33
behalf. 34
3. Notwithstanding any other provision of 35
law, rule, or regulation to the contrary, any 36
city not within a county that establishes a 37
municipal police force under sections 84.343 to 38
84.346 shall not be restricted or limited in any 39
way in the selection of a police chief or chief 40
of the division created under subsection 8 of 41
section 84.344. 42
4. It shall be the duty of the sheriff for 43
any city not within a county, whenever called 44
upon by the police chief of the municip al police 45
force, to act under the police chief's control 46
for the preservation of the public peace and 47
quiet; and, whenever the exigency or 48
circumstances may, in the police chief's 49
judgment, warrant it, said police chief shall 50
have the power to assume the control and command 51
of all local and municipal conservators of the 52
peace of the city, whether sheriff, constable, 53
policemen or others, and they shall act under 54
the orders of the said police chief and not 55
otherwise.] 56
[84.346. Any police pension system created 1
under chapter 86 for the benefit of a police 2
force established under sections 84.010 to 3
84.340 shall continue to be governed by chapter 4
103
86, and shall apply to any police force 5
established under section 84.343 to 84.3 46. 6
Other than any provision that makes chapter 86 7
applicable to a municipal police force 8
established under section 84.343 to 84.346, 9
nothing in sections 84.343 to 84.346 shall be 10
construed as limiting or changing the rights or 11
benefits provided und er chapter 86.] 12
[84.347. Notwithstanding the provisions of 1
section 1.140 to the contrary, the provisions of 2
sections 84.343 to 84.346 shall be 3
nonseverable. If any provision of sections 4
84.343 to 84.346 is for any reason held to be 5
invalid, such decision shall invalidate all of 6
the remaining provisions of this act. ] 7
[217.825. Sections 217.825 to 217.841 1
shall be known and may be cited as the "Missouri 2
Incarceration Reimbursement Act". ] 3
[217.827. As used in sections 217.825 to 1
217.841, the following terms shall mean: 2
(1) (a) "Assets", property, tangible or 3
intangible, real or personal, belonging to or 4
due an offender or a former offender, including 5
income or payments to such offender from Social 6
Security, workers' compensation, veterans' 7
compensation, pension benefits, previously 8
earned salary or wages, bonuses, annuities, 9
retirement benefits, or from any other source 10
whatsoever, including any of the following: 11
a. Money or other tangible assets received 12
by the offender as a result of a settlement of a 13
claim against the state, any agency thereof, or 14
any claim against an employee or independent 15
contractor arising from and in the scope of said 16
employee's or contrac tor's official duties on 17
behalf of the state or any agency thereof; 18
b. A money judgment received by the 19
offender from the state as a result of a civil 20
action in which the state, an agency thereof or 21
any state employee or independent contractor 22
where such judgment arose from a claim arising 23
from the conduct of official duties on behalf of 24
the state by said employee or subcontractor or 25
for any agency of the state; 26
104
c. A current stream of income from any 27
source whatsoever, including a salar y, wages, 28
disability, retirement, pension, insurance or 29
annuity benefits or similar payments; 30
(b) "Assets" shall not include: 31
a. The homestead of the offender up to 32
fifty thousand dollars in value; 33
b. Money saved by the offender from w ages 34
and bonuses up to two thousand five hundred 35
dollars paid the offender while he or she was 36
confined to a state correctional center; 37
(2) "Cost of care", the cost to the 38
department of corrections for providing 39
transportation, room, board, clot hing, security, 40
medical, and other normal living expenses of 41
offenders under the jurisdiction of the 42
department, as determined by the director of the 43
department; 44
(3) "Department", the department of 45
corrections of this state; 46
(4) "Director", the director of the 47
department; 48
(5) "Offender", any person who is under 49
the jurisdiction of the department and is 50
confined in any state correctional center or is 51
under the continuing jurisdiction of the 52
department; 53
(6) "State correctional center", a 54
facility or institution which houses an offender 55
population under the jurisdiction of the 56
department. State correctional center includes 57
a correctional camp, community correction 58
center, honor center, or state prison. ] 59
[217.829. 1. The department shall develop 1
a form which shall be used by the department to 2
obtain information from all offenders regarding 3
their assets. 4
2. The form shall be submitted to each 5
offender as of the date the form is developed 6
and to every offender who thereafter is 7
sentenced to imprisonment under the jurisdiction 8
of the department. The form may be resubmitted 9
to an offender by the department for purposes of 10
obtaining current information regarding assets 11
of the offender. 12
105
3. Every offender shall complete the form 13
or provide for completion of the form and the 14
offender shall swear or affirm under oath that 15
to the best of his or her knowledge the 16
information provided is complete and accurate. 17
Any person who shall knowi ngly provide false 18
information on said form to state officials or 19
employees shall be guilty of the crime of making 20
a false affidavit as provided by section 575.050. 21
4. Failure by an offender to fully, 22
adequately and correctly complete the form ma y 23
be considered by the parole board for purposes 24
of a parole determination, and in determining an 25
offender's parole release date or eligibility 26
and shall constitute sufficient grounds for 27
denial of parole. 28
5. Prior to release of any offender fro m 29
imprisonment, and again prior to release from 30
the jurisdiction of the department, the 31
department shall request from the offender an 32
assignment of ten percent of any wages, salary, 33
benefits or payments from any source. Such an 34
assignment shall be v alid for the longer period 35
of five years from the date of its execution, or 36
five years from the date that the offender is 37
released from the jurisdiction of the department 38
or any of its divisions or agencies. The 39
assignment shall secure payment of the total 40
cost of care of the offender executing the 41
assignment. The restrictions on the maximum 42
amount of earnings subject to garnishment 43
contained in section 525.030 shall apply to 44
earnings subject to assignments executed 45
pursuant to this subsection. ] 46
[217.831. 1. The director shall forward 1
to the attorney general a report on each 2
offender containing a completed form pursuant to 3
the provisions of section 217.829 together with 4
all other information available on the assets of 5
the offender and an estimate of the total cost 6
of care for that offender. 7
2. The attorney general may investigate or 8
cause to be investigated all reports furnished 9
pursuant to the provisions of subsection 1 of 10
this section. This investigation m ay include 11
106
seeking information from any source that may 12
have relevant information concerning an 13
offender's assets. The director shall provide 14
all information possessed by the department and 15
its divisions and agencies, upon request of the 16
attorney general, in order to assist the 17
attorney general in completing his duties 18
pursuant to sections 217.825 to 217.841. 19
3. If the attorney general upon completing 20
the investigation under subsection 2 of this 21
section has good cause to believe that an 22
offender or former offender has sufficient 23
assets to recover not less than ten percent of 24
the estimated cost of care of the offender or 25
ten percent of the estimated cost of care of the 26
offender for two years, whichever is less, or 27
has a stream of income sufficient to pay such 28
amounts within a five -year period, the attorney 29
general may seek to secure reimbursement for the 30
expense of the state of Missouri for the cost of 31
care of such offender or former offender. 32
4. The attorney general, or any 33
prosecuting attorney on behalf of the attorney 34
general, shall not bring an action pursuant to 35
this section against an offender or former 36
offender after the expiration of five years 37
after his release from the jurisdiction of the 38
department.] 39
[217.833. 1. Not more than ninety percent 1
of the value of the assets of the offender may 2
be used for purposes of securing costs and 3
reimbursement pursuant to the provisions of 4
sections 217.825 to 217.841. 5
2. The amount of reimbursement sought from 6
an offender shall not be in excess of the per 7
capita cost for care for maintaining offenders 8
in the state correctional center in which the 9
offender is housed for the period or periods 10
such offender is an offender in a state 11
correctional center. ] 12
[217.835. 1. The circuit court shall have 1
exclusive jurisdiction over all proceedings 2
seeking reimbursement from offenders pursuant to 3
the provisions of sections 217.825 to 217.841. 4
The attorney general may file a complaint in the 5
107
circuit court for the county or city from which 6
a prisoner was sentenced or in the circuit court 7
in the county or city of the office of the 8
director of the department, against any person 9
under the jurisdiction of the departmen t stating 10
that the person is or has been an offender in a 11
state correctional center, that there is good 12
cause to believe that the person has assets, and 13
praying that the assets be used to reimburse the 14
state for the expenses incurred or to be 15
incurred, or both, by the state for the cost of 16
care of the person as an offender. 17
2. Upon the filing of the complaint under 18
subsection 1 of this section, the court shall 19
issue an order to show cause why the prayer of 20
the complainant should not be grant ed. The 21
complaint and order shall be served upon the 22
person personally, or, if the person is confined 23
in a state correctional center, by registered 24
mail addressed to the person in care of the 25
chief administrator of the state correctional 26
center where the person is housed, at least 27
thirty days before the date of hearing on the 28
complaint and order. 29
3. At the time of the hearing on the 30
complaint and order, if it appears that the 31
person has any assets which ought to be 32
subjected to the claim o f the state pursuant to 33
the provisions of sections 217.825 to 217.841, 34
the court shall issue an order requiring any 35
person, corporation, or other legal entity 36
possessed or having custody of such assets, to 37
appropriate and apply such assets or a portio n 38
thereof to satisfy such claim. 39
4. At the hearing on the complaint and 40
order and before entering any order on behalf of 41
the state against the defendant, the court shall 42
take into consideration any legal obligation of 43
the defendant to support a spouse, minor 44
children, or other dependents and any moral 45
obligation to support dependents to whom the 46
defendant is providing or has in fact provided 47
support. 48
5. If the person, corporation, or other 49
legal entity shall neglect or refuse to comply 50
with an order issued pursuant to subsection 3 of 51
108
this section, the court shall order the person, 52
corporation, or other legal entity to appear 53
before the court at such time as the court may 54
direct and to show cause why the person, 55
corporation, or other legal entity should not be 56
considered in contempt of court. 57
6. If, in the opinion of the court, the 58
assets of the prisoner are sufficient to pay the 59
cost of the proceedings undertaken pursuant to 60
the provisions of sections 217.825 to 217.841, 61
the prisoner shall be liable for those costs 62
upon order of the court. ] 63
[217.837. 1. Except as provided in 1
subsection 3 of this section, the attorney 2
general may use any remedy, interim order, or 3
enforcement procedure allowed by law or court 4
rule including an ex parte restraining order to 5
restrain the prisoner or any other person or 6
legal entity in possession or having custody of 7
the estate of the prisoner from disposing of 8
certain property in avoidance of an order issued 9
pursuant to the provisions of section 217.835. 10
2. To protect and maintain assets pending 11
resolution of proceedings initiated pursuant to 12
the provisions of section 217.835, the court, 13
upon request, may appoint a receiver. 14
3. The attorney general or a prosecuting 15
attorney shall not enforce any judgment obtained 16
pursuant to the provisions of section 217.835 by 17
means of execution against the homestead of the 18
prisoner. 19
4. The state's right to recover the cost 20
of incarceration pursuant to an order issued 21
pursuant to the provisions of section 217.835 22
shall have priority over all other liens, debts, 23
or other incumbrances against real property or 24
any other assets which are part of a prisoner's 25
estate.] 26
[217.839. 1. The attorney general of this 1
state shall enforce the provisions of sections 2
217.825 to 217.841, except that the attorney 3
general may request the prosecuting attorney of 4
the county or city in which the offender was 5
sentenced or the prosecuting attorney of the 6
county or city in which any asset of an offender 7
109
is located to make an investigation or assist in 8
legal proceedings undertaken pursuant to the 9
provisions of sections 217.825 to 217.841. 10
2. The sentencing judge, the sheriff, the 11
county or city, the chief administrator of the 12
state correctional center, and the state 13
treasurer shall furnish to the attorney general 14
or prosecuting attorney all information and 15
assistance possible to enable the attorney 16
general or prosecuting attorney to se cure 17
reimbursement for the state pursuant to the 18
provisions of sections 217.825 to 217.841. 19
3. Notwithstanding the provisions of any 20
other law protecting the confidentiality of any 21
information possessed by the state, its 22
officials and agencies, the secretary of state, 23
the director of the department of revenue, the 24
director of the department of social services, 25
the director of the department of corrections, 26
the director of the department of labor and 27
industrial relations, the director of the 28
department of public safety, and the 29
commissioner of administration, and each 30
division or agency within or assigned to such 31
departments, shall provide the attorney general 32
or prosecuting attorney with all information 33
requested pursuant to the provisi ons of sections 34
217.825 to 217.841. 35
4. Any county or municipal official having 36
custody of records of the estate or real 37
property of any offender or former offender 38
shall surrender said records or certified copies 39
thereof without fee to the attor ney general or 40
prosecuting attorney who request such records 41
pursuant to the provisions of sections 217.825 42
to 217.841.] 43
[217.841. 1. The costs of any 1
investigations shall be paid from the 2
reimbursements secured pursuant to the 3
provisions of sections 217.825 to 217.841. The 4
investigative costs shall be presumed to be 5
twenty percent of the reimbursements recovered, 6
unless the attorney general shall demonstrate to 7
the court otherwise. All reimbursements 8
collected shall be p aid to the "Inmate 9
110
Incarceration Reimbursement Act Revolving Fund", 10
which is hereby established in the state 11
treasury. Moneys in the inmate incarceration 12
reimbursement act revolving fund shall be 13
appropriated to the attorney general in order to 14
defray the costs of the attorney general in 15
connection with his duties provided by sections 16
217.825 to 217.841; and all remaining balances 17
shall be appropriated to the department for 18
purposes of construction and operation of state 19
correctional facilities. The provisions of 20
section 33.080 notwithstanding, moneys in the 21
inmate incarceration reimbursement act revolving 22
fund shall not lapse, be transferred or 23
appropriated to or placed to the credit of the 24
general revenue fund or any other fund of the 25
state. 26
2. The state treasurer may determine the 27
amount due the state for the cost of care of an 28
offender and render statements thereof and such 29
sworn statements shall be considered prima facie 30
evidence of the amount due. ] 31
[574.050. 1. A person commits the offense 1
of rioting if he or she knowingly assembles with 2
six or more other persons and agrees with such 3
persons to violate any of the criminal laws of 4
this state or of the United States with force or 5
violence, and therea fter, while still so 6
assembled, does violate any of said laws with 7
force or violence. 8
2. The offense of rioting is a class A 9
misdemeanor.] 10
Section B. In order to ensure the continued operation 1
of a police force in the city o f St. Louis for the safety 2
and well being of the citizens of the city of St. Louis, the 3
repeal of sections 84.175, 84.240, 84.341, 84.342, 84.343, 4
84.344, 84.345, 84.346, and 84.347, the repeal and 5
reenactment of sections 84.020, 84.030, 84.100, 84.150 , 6
84.160, 84.170 and 105.726, and the enactment of sections 7
84.225 and 84.325 of this act is deemed necessary for the 8
immediate preservation of the public health, welfare, peace, 9
111
and safety, and is hereby declared to be an emergency act 10
within the meaning of the constitution, and the repeal of 11
sections 84.175, 84.240, 84.341, 84.342, 84.343, 84.344, 12
84.345, 84.346, and 84.347, the repeal and reenactment of 13
sections 84.020, 84.030, 84.100, 84.150, 84.160, 84.170 and 14
105.726, and the enactment of sec tions 84.225 and 84.325 of 15
this act shall be in full force and effect upon its passage 16
and approval. 17