EXPLANATION- Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE BILL NO. 143
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR SCHROER.
1116S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 43.080, 168.133, 190.053, 190.098, 190.101, 190.109, 195.417, 197.135,
198.022, 210.109, 210.112, 210.135, 210.1012, 210.1505, 211.033, 211.072, 219.021,
221.044, 221.105, 221.400, 221.402, 221.405, 221.407, 221.410, 287.243, 292.606,
301.260, 307.175, 332.081, 386.572, 452.425, 455.010, 455.035, 455.513, 478.001,
490.692, 491.075, 491.641, 492.304, 509.520, 556.061, 558.041, 559.125, 565.240,
566.151, 567.030, 568.045, 575.150, 575.205, 579.060, 579.065, 579.068, 589.401,
589.414, 590.033, and 595.045, RSMo, and section 304.022 as enacted by house bill
no. 1606, one hundred first general assembly, second regular session, and section
304.022 as enacted by senate bill no. 26 merged with senate bills nos. 53 & 60, one
hundred first general assembly, first regular session, and to enact in lieu thereof ninety-
six new sections relating to public safety, with penalty provisions, an emergency clause
for certain sections and a contingent effective date for a certain section.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 43.080, 168.133, 190.053, 190.098, 1
190.101, 190.109, 195.417, 197.135, 198.022, 210.109, 210.112, 2
210.135, 210.1012, 210.1505, 211.033, 211.072, 219.021, 3
221.044, 221.105, 221.400, 221.402, 221.405, 221.407, 221.410, 4
287.243, 292.606, 301.260, 307.175, 332.081, 386.572, 452.425, 5
455.010, 455.035, 455.513, 478.001, 490.692, 491.075, 491.641, 6
492.304, 509.520, 556.061, 558.041, 559.125, 565.240, 566.151, 7
567.030, 568.045, 575.150, 575.205, 579.060, 579.065, 579.068, 8
589.401, 589.414, 590.033, and 595.045, RSMo, and section 9
304.022 as enacted by house bill no. 1606, one hundred first 10 SB 143 2
general assembly, second regular session, and section 304.022 11
as enacted by senate bill no. 26 merged with senate bills nos. 12
53 & 60, one hundred first general assembly, first regular 13
session, are repealed and ninety-six new sections enacted in 14
lieu thereof, to be known as sections 43.080, 168.133, 190.053, 15
190.076, 190.098, 190.101, 190.109, 190.112, 190.166, 195.417, 16
197.135, 198.022, 210.109, 210.112, 210.135, 210.1012, 17
210.1505, 211.033, 211.072, 217.451, 219.021, 221.044, 221.108, 18
221.400, 221.402, 221.405, 221.407, 221.410, 221.523, 287.243, 19
292.606, 301.260, 304.022, 307.175, 320.500, 320.502, 320.504, 20
320.506, 320.508, 320.510, 320.512, 320.514, 320.516, 320.518, 21
320.520, 320.522, 320.524, 320.526, 320.528, 332.081, 386.572, 22
452.425, 452.1100, 452.1102, 452.1104, 452.1106, 452.1108, 23
452.1110, 452.1112, 452.1114, 452.1118, 452.1120, 452.1122, 24
454.1050, 455.010, 455.035, 455.098, 455.513, 478.001, 490.692, 25
491.075, 491.641, 492.304, 509.520, 550.320, 556.061, 557.520, 26
558.041, 559.125, 565.240, 566.151, 567.030, 568.045, 569.088, 27
570.036, 575.150, 575.205, 579.060, 579.065, 579.068, 589.401, 28
589.414, 589.700, 590.033, 595.045, and 595.325, to read as 29
follows:30
43.080. 1. The superintendent is authorized and 1
empowered to prescribe policies providing for increases in 2
the salaries of members of the highway patrol. Each year, 3
prior to January first, the superintendent shall submit a 4
salary schedule report to the governor, speaker of the house 5
of representatives, and the president pro tem of the 6
senate. The salary schedule report prepared by the 7
superintendent shall include, in addition to other matters 8
deemed pertinent to the superintendent, a comparison of the 9
salaries of police officers of the three largest police 10
departments in the state and a comparison of the salaries 11 SB 143 3
and benefits of police officers employed by the following 12
law enforcement agencies located in surrounding states: 13
(1) The Iowa State Patrol; 14
(2) The Nebraska State Patrol; 15
(3) The Illinois State Police; 16
(4) The Kentucky State Police; 17
(5) The Tennessee Highway Patrol; 18
(6) The Arkansas State Police; 19
(7) The Oklahoma Highway Patrol; and 20
(8) The Kansas Highway Patrol. 21
2. The governor may make additional recommendations to 22
the report and forward them to the speaker of the house of 23
representatives and the president pro tem of the senate. 24
The speaker of the house of representatives and the 25
president pro tem of the senate may assign the salary 26
schedule report to the appropriate standing committees to 27
review the salary comparisons to ensure that parity in the 28
salary of members of the highway patrol and officers of the 29
three largest police departments is maintained. The 30
superintendent of the highway patrol shall testify before 31
the appropriate committee on the salary schedule report if 32
called upon by such committee. The "service" of a member of 33
the patrol, who has served in the Armed Forces of the United 34
States and who has subsequently been reinstated as a member 35
of the patrol within ninety days after receiving a discharge 36
other than dishonorable from the Armed Forces of the United 37
States, shall be considered service with the patrol as a 38
member of the patrol rendered since last becoming a member 39
prior to entrance into the Armed Forces of the United 40
States; except that no member shall be entitled to any 41
credit, privilege or benefit provided by this chapter if 42
such member voluntarily extends or participates in an 43 SB 143 4
extension of the period of service, whether by reenlistment, 44
waiver of discharge, acceptance of commission or any other 45
action, with the Armed Forces beyond the period of service 46
for which such member was originally commissioned, enlisted, 47
inducted or called. 48
168.133. 1. As used in this section, "screened 1
volunteer" shall mean any person who assists a school by 2
providing uncompensated service and who may periodically be 3
left alone with students. The school district or charter 4
school shall ensure that a criminal background check is 5
conducted for all screened volunteers, who shall complete 6
the criminal background check prior to being left alone with 7
a student. [Screened volunteers include, but are not 8
limited to, persons who regularly assist in the office or 9
library, mentor or tutor students, coach or supervise a 10
school-sponsored activity before or after school, or 11
chaperone students on an overnight trip.] Screened 12
volunteers may only access student education records when 13
necessary to assist the district and while supervised by 14
staff members. Volunteers that are not screened shall not 15
be left alone with a student or have access to student 16
records. 17
2. (1) The school district or charter school shall 18
ensure that a criminal background check is conducted on any 19
person employed after January 1, 2005, authorized to have 20
contact with pupils and prior to the individual having 21
contact with any pupil. [Such persons include, but are not 22
limited to, administrators, teachers, aides, 23
paraprofessionals, assistants, secretaries, custodians, 24
cooks, screened volunteers, and nurses.] 25
(2) The school district or charter school shall also 26
ensure that a criminal background check is conducted for 27 SB 143 5
school bus drivers and drivers of other vehicles owned by 28
the school district or charter school or operated under 29
contract with a school district or charter school and used 30
for the purpose of transporting school children. The school 31
district or charter school may allow such drivers to operate 32
buses pending the result of the criminal background check. 33
[For bus drivers,] The school district or charter school 34
shall be responsible for conducting the criminal background 35
check on drivers employed by the school district or charter 36
school under section 43.540. 37
(3) For drivers employed or contracted by a pupil 38
transportation company under contract with the school 39
district or the governing board of a charter school, the 40
criminal background check shall be conducted by the pupil 41
transportation company pursuant to section [43.540] 43.539 42
and conform to the requirements established in the National 43
Child Protection Act of 1993, as amended by the Volunteers 44
for Children Act. 45
(4) Personnel who have successfully undergone a 46
criminal background check and a check of the family care 47
safety registry as part of the professional license 48
application process under section 168.021 and who have 49
received clearance on the checks within one prior year of 50
employment shall be considered to have completed the 51
background check requirement. 52
(5) A criminal background check under this section 53
shall include a search of any information publicly available 54
in an electronic format through a public index or single 55
case display. 56
3. In order to facilitate the criminal history 57
background check, the applicant shall submit a set of 58
fingerprints collected pursuant to standards determined by 59 SB 143 6
the Missouri highway patrol. The fingerprints shall be used 60
by the highway patrol to search the criminal history 61
repository and shall be forwarded to the Federal Bureau of 62
Investigation for searching the federal criminal history 63
files. 64
4. The applicant shall pay the fee for the state 65
criminal history record information pursuant to section 66
43.530 and sections 210.900 to 210.936 and pay the 67
appropriate fee determined by the Federal Bureau of 68
Investigation for the federal criminal history record when 69
he or she applies for a position authorized to have contact 70
with pupils pursuant to this section. The department shall 71
distribute the fees collected for the state and federal 72
criminal histories to the Missouri highway patrol. 73
5. The department of elementary and secondary 74
education shall facilitate an annual check of employed 75
persons holding current active certificates under section 76
168.021 against criminal history records in the central 77
repository under section 43.530, the sexual offender 78
registry under sections 589.400 to 589.426, and child abuse 79
central registry under sections 210.109 to 210.183. The 80
department of elementary and secondary education shall 81
facilitate procedures for school districts to submit 82
personnel information annually for persons employed by the 83
school districts who do not hold a current valid certificate 84
who are required by subsection 1 of this section to undergo 85
a criminal background check, sexual offender registry check, 86
and child abuse central registry check. The Missouri state 87
highway patrol shall provide ongoing electronic updates to 88
criminal history background checks of those persons 89
previously submitted, both those who have an active 90
certificate and those who do not have an active certificate, 91 SB 143 7
by the department of elementary and secondary education. 92
This shall fulfill the annual check against the criminal 93
history records in the central repository under section 94
43.530. 95
6. The school district may adopt a policy to provide 96
for reimbursement of expenses incurred by an employee for 97
state and federal criminal history information pursuant to 98
section 43.530. 99
7. If, as a result of the criminal history background 100
check mandated by this section, it is determined that the 101
holder of a certificate issued pursuant to section 168.021 102
has pled guilty or nolo contendere to, or been found guilty 103
of a crime or offense listed in section 168.071, or a 104
similar crime or offense committed in another state, the 105
United States, or any other country, regardless of 106
imposition of sentence, such information shall be reported 107
to the department of elementary and secondary education. 108
8. Any school official making a report to the 109
department of elementary and secondary education in 110
conformity with this section shall not be subject to civil 111
liability for such action. 112
9. For any teacher who is employed by a school 113
district on a substitute or part-time basis within one year 114
of such teacher's retirement from a Missouri school, the 115
state of Missouri shall not require such teacher to be 116
subject to any additional background checks prior to having 117
contact with pupils. Nothing in this subsection shall be 118
construed as prohibiting or otherwise restricting a school 119
district from requiring additional background checks for 120
such teachers employed by the school district. 121
10. A criminal background check and fingerprint 122
collection conducted under subsections 1 to 3 of this 123 SB 143 8
section shall be valid for at least a period of one year and 124
transferrable from one school district to another district. 125
A school district may, in its discretion, conduct a new 126
criminal background check and fingerprint collection under 127
subsections 1 to 3 of this section for a newly hired 128
employee at the district's expense. A teacher's change in 129
type of certification shall have no effect on the 130
transferability or validity of such records. 131
11. Nothing in this section shall be construed to 132
alter the standards for suspension, denial, or revocation of 133
a certificate issued pursuant to this chapter. 134
12. The state board of education may promulgate rules 135
for criminal history background checks made pursuant to this 136
section. Any rule or portion of a rule, as that term is 137
defined in section 536.010, that is created under the 138
authority delegated in this section shall become effective 139
only if it complies with and is subject to all of the 140
provisions of chapter 536 and, if applicable, section 141
536.028. This section and chapter 536 are nonseverable and 142
if any of the powers vested with the general assembly 143
pursuant to chapter 536 to review, to delay the effective 144
date, or to disapprove and annul a rule are subsequently 145
held unconstitutional, then the grant of rulemaking 146
authority and any rule proposed or adopted after January 1, 147
2005, shall be invalid and void. 148
190.053. 1. All members of the board of directors of 1
an ambulance district first elected on or after January 1, 2
2008, shall attend and complete an educational seminar or 3
conference or other suitable training on the role and duties 4
of a board member of an ambulance district. The training 5
required under this section shall be offered by a statewide 6
association organized for the benefit of ambulance districts 7 SB 143 9
or be approved by the state advisory council on emergency 8
medical services. Such training shall include, at a minimum: 9
(1) Information relating to the roles and duties of an 10
ambulance district director; 11
(2) A review of all state statutes and regulations 12
relevant to ambulance districts; 13
(3) State ethics laws; 14
(4) State sunshine laws, chapter 610; 15
(5) Financial and fiduciary responsibility; 16
(6) State laws relating to the setting of tax rates; 17
and 18
(7) State laws relating to revenue limitations. 19
2. [If any ambulance district board member fails to 20
attend a training session within twelve months after taking 21
office, the board member shall not be compensated for 22
attendance at meetings thereafter until the board member has 23
completed such training session. If any ambulance district 24
board member fails to attend a training session within 25
twelve months of taking office regardless of whether the 26
board member received an attendance fee for a training 27
session, the board member shall be ineligible to run for 28
reelection for another term of office until the board member 29
satisfies the training requirement of this section; however, 30
this requirement shall only apply to board members elected 31
after August 28, 2022] All members of the board of directors 32
of an ambulance district shall complete three hours of 33
continuing education for each term of office. The 34
continuing education shall be offered by a statewide 35
association organized for the benefit of ambulance districts 36
or be approved by the state advisory council on emergency 37
medical services. 38 SB 143 10
3. Any ambulance district board member who fails to 39
complete the initial training and continuing education 40
requirements on or before the anniversary date of his or her 41
election or appointment shall immediately be disqualified 42
from office and his or her position shall be vacant without 43
further process or declaration. The vacancy shall be filled 44
in the manner provided for pursuant to section 190.052. 45
190.076. Each ambulance district shall arrange for an 1
audit of the records and accounts of the district at least 2
every three years by a certified public accountant or firm 3
of certified public accountants. The audit shall be made 4
available to the public on the district's website or 5
otherwise freely available by other electronic means. 6
190.098. 1. In order for a person to be eligible for 1
certification by the department as a community paramedic, an 2
individual shall: 3
(1) Be currently [certified] licensed as a paramedic; 4
(2) Successfully complete or have successfully 5
completed a community paramedic certification program from a 6
college, university, or educational institution that has 7
been approved by the department or accredited by a national 8
accreditation organization approved by the department; and 9
(3) Complete an application form approved by the 10
department. 11
2. [A community paramedic shall practice in accordance 12
with protocols and supervisory standards established by the 13
medical director. A community paramedic shall provide 14
services of a health care plan if the plan has been 15
developed by the patient's physician or by an advanced 16
practice registered nurse through a collaborative practice 17
arrangement with a physician or a physician assistant 18
through a collaborative practice arrangement with a 19 SB 143 11
physician and there is no duplication of services to the 20
patient from another provider. 21
3. Any ambulance service shall enter into a written 22
contract to provide community paramedic services in another 23
ambulance service area, as that term is defined in section 24
190.100. The contract that is agreed upon may be for an 25
indefinite period of time, as long as it includes at least a 26
sixty-day cancellation notice by either ambulance service.] 27
As used in this section, the term "community paramedic 28
services" shall mean services provided by any entity that 29
employs licensed paramedics who are certified by the 30
department as community paramedics for services that are: 31
(1) Provided in a nonemergent setting that is 32
independent of an emergency telephone service, 911 system, 33
or emergency summons; 34
(2) Consistent with the training and education 35
requirements described in subdivision (2) of subsection 1 of 36
this section, the scope of skill and practice for community 37
paramedics, and the supervisory standard approved by the 38
entity's medical director; and 39
(3) Reflected and documented in the entity's medical 40
director-approved patient care plans or protocols in 41
accordance with the provisions of section 190.142. 42
3. (1) Any ambulance service that seeks to provide 43
community paramedic services outside of the ambulance 44
service's service area: 45
(a) Shall have a memorandum of understanding (MOU) 46
regarding the provision of such services with the ambulance 47
service in that service area if that ambulance service is 48
already providing community paramedic services; or 49
(b) Shall not be required to have an MOU with the 50
ambulance service in that service area if that ambulance 51 SB 143 12
service is not already providing community paramedic 52
services, provided that the ambulance service seeking to 53
provide such services shall provide notification to the 54
other ambulance service of the community paramedic services 55
to be provided. 56
(2) Any emergency medical response agency (EMRA) that 57
seeks to provide community paramedic services within its 58
designated response service area may do so if the ground 59
ambulance service area within which the EMRA operates does 60
not already provide such services. If the ground ambulance 61
service does provide community paramedic services, then the 62
ground ambulance service may enter into an MOU with the EMRA 63
in order to coordinate programs and avoid service 64
duplication. If the EMRA provides community paramedic 65
services in the ground ambulance service's service area 66
prior to the provision of such services by the ground 67
ambulance service, then the EMRA and the ground ambulance 68
service shall enter into an MOU for the coordination of 69
services. 70
(3) Any community paramedic program shall notify the 71
appropriate local ambulance service when providing services 72
within the service area of an ambulance service. 73
(4) The department shall promulgate rules and 74
regulations for the purpose of recognizing which community 75
paramedic services entities have met the standards necessary 76
to provide community paramedic services, including, but not 77
limited to, physician medical oversight, training, patient 78
record retention, formal relationships with primary care 79
services as needed, and quality improvement policies. 80
Community paramedic services entities shall be certified by 81
the department, allowing such entities to provide community 82
paramedic services for a period of five years. 83 SB 143 13
4. A community paramedic is subject to the provisions 84
of sections 190.001 to 190.245 and rules promulgated under 85
sections 190.001 to 190.245. 86
5. No person shall hold himself or herself out as a 87
community paramedic or provide the services of a community 88
paramedic unless such person is certified by the department. 89
6. The medical director shall approve the 90
implementation of the community paramedic program. 91
7. Any rule or portion of a rule, as that term is 92
defined in section 536.010, that is created under the 93
authority delegated in this section shall become effective 94
only if it complies with and is subject to all of the 95
provisions of chapter 536 and, if applicable, section 96
536.028. This section and chapter 536 are nonseverable and 97
if any of the powers vested with the general assembly 98
pursuant to chapter 536 to review, to delay the effective 99
date, or to disapprove and annul a rule are subsequently 100
held unconstitutional, then the grant of rulemaking 101
authority and any rule proposed or adopted after August 28, 102
2013, shall be invalid and void. 103
190.101. 1. There is hereby established a "State 1
Advisory Council on Emergency Medical Services" which shall 2
consist of [sixteen] no more than twenty-three members[, one 3
of which shall be a resident of a city not within a 4
county]. The members of the council shall be appointed [by 5
the governor with the advice and consent of the senate] 6
pursuant to subsection 2 of this subsection and shall serve 7
terms of four years. The [governor shall designate one of 8
the members as chairperson] council members shall annually 9
select a chairperson, along with other officers as the 10
council deems necessary. The chairperson may appoint 11
subcommittees that include noncouncil members. 12 SB 143 14
2. Council members shall be appointed as follows: 13
(1) The director of the department of health and 14
senior services shall make appointments to the council from 15
the recommendations provided by the following: 16
(a) The statewide professional association 17
representing ambulance service managers; 18
(b) The statewide professional association 19
representing EMT's and paramedics; 20
(c) The statewide professional association 21
representing ambulance districts; 22
(d) The statewide professional association 23
representing fire chiefs; 24
(e) The statewide professional association 25
representing fire protection districts; 26
(f) The statewide professional association 27
representing firefighters; 28
(g) The statewide professional association 29
representing emergency nurses; 30
(h) The statewide professional association 31
representing the air ambulance industry; 32
(i) The statewide professional association 33
representing emergency medicine physicians; 34
(j) The statewide association representing hospitals; 35
and 36
(k) The statewide association representing pediatric 37
emergency professionals; 38
(2) The director of health and senior services shall 39
appoint a member to the council with a background in mobile 40
integrated healthcare-community paramedicine (MIH-CP); 41
(3) Each regional EMS advisory committee shall appoint 42
one member; and 43 SB 143 15
(4) The time-critical diagnosis advisory committee 44
established under section 190.257 shall appoint one member. 45
3. The state EMS medical directors advisory committee 46
and the regional EMS advisory committees will be recognized 47
as subcommittees of the state advisory council on emergency 48
medical services. 49
[3.] 4. The council shall have geographical 50
representation and representation from appropriate areas of 51
expertise in emergency medical services including 52
volunteers, professional organizations involved in emergency 53
medical services, EMT's, paramedics, nurses, firefighters, 54
physicians, ambulance service administrators, hospital 55
administrators and other health care providers concerned 56
with emergency medical services. [The regional EMS advisory 57
committees shall serve as a resource for the identification 58
of potential members of the state advisory council on 59
emergency medical services. 60
4.] 5. The state EMS medical director, as described 61
under section 190.103, shall serve as an ex officio member 62
of the council. 63
[5.] 6. The members of the council and subcommittees 64
shall serve without compensation except that members of the 65
council shall, subject to appropriations, be reimbursed for 66
reasonable travel expenses and meeting expenses related to 67
the functions of the council. 68
[6.] 7. The purpose of the council is to make 69
recommendations to the governor, the general assembly, and 70
the department on policies, plans, procedures and proposed 71
regulations on how to improve the statewide emergency 72
medical services system. The council shall advise the 73
governor, the general assembly, and the department on all 74
aspects of the emergency medical services system. 75 SB 143 16
[7.] 8. (1) There is hereby established a standing 76
subcommittee of the council to monitor the implementation of 77
the recognition of the EMS personnel licensure interstate 78
compact under sections 190.900 to 190.939, the interstate 79
commission for EMS personnel practice, and the involvement 80
of the state of Missouri. The subcommittee shall meet at 81
least biannually and receive reports from the Missouri 82
delegate to the interstate commission for EMS personnel 83
practice. The subcommittee shall consist of at least seven 84
members appointed by the chair of the council, to include at 85
least two members as recommended by the Missouri state 86
council of firefighters and one member as recommended by the 87
Missouri Association of Fire Chiefs. The subcommittee may 88
submit reports and recommendations to the council, the 89
department of health and senior services, the general 90
assembly, and the governor regarding the participation of 91
Missouri with the recognition of the EMS personnel licensure 92
interstate compact. 93
(2) The subcommittee shall formally request a public 94
hearing for any rule proposed by the interstate commission 95
for EMS personnel practice in accordance with subsection 7 96
of section 190.930. The hearing request shall include the 97
request that the hearing be presented live through the 98
internet. The Missouri delegate to the interstate 99
commission for EMS personnel practice shall be responsible 100
for ensuring that all hearings, notices of, and related 101
rulemaking communications as required by the compact be 102
communicated to the council and emergency medical services 103
personnel under the provisions of subsections 4, 5, 6, and 8 104
of section 190.930. 105
(3) The department of health and senior services shall 106
not establish or increase fees for Missouri emergency 107 SB 143 17
medical services personnel licensure in accordance with this 108
chapter for the purpose of creating the funds necessary for 109
payment of an annual assessment under subdivision (3) of 110
subsection 5 of section 190.924. 111
[8.] 9. The council shall consult with the time- 112
critical diagnosis advisory committee, as described under 113
section 190.257, regarding time-critical diagnosis. 114
190.109. 1. The department shall, within a reasonable 1
time after receipt of an application, cause such 2
investigation as the department deems necessary to be made 3
of the applicant for a ground ambulance license. 4
2. Any person that owned and operated a licensed 5
ambulance on December 31, 1997, shall receive an ambulance 6
service license from the department, unless suspended, 7
revoked or terminated, for that ambulance service area which 8
was, on December 31, 1997, described and filed with the 9
department as the primary service area for its licensed 10
ambulances on August 28, 1998, provided that the person 11
makes application and adheres to the rules and regulations 12
promulgated by the department pursuant to sections 190.001 13
to 190.245. 14
3. The department shall issue a new ground ambulance 15
service license to an ambulance service that is not 16
currently licensed by the department, or is currently 17
licensed by the department and is seeking to expand its 18
ambulance service area, except as provided in subsection 4 19
of this section, to be valid for a period of five years, 20
unless suspended, revoked or terminated, when the director 21
finds that the applicant meets the requirements of ambulance 22
service licensure established pursuant to sections 190.100 23
to 190.245 and the rules adopted by the department pursuant 24
to sections 190.001 to 190.245. In order to be considered 25 SB 143 18
for a new ambulance service license, an ambulance service 26
shall submit to the department a letter of endorsement from 27
each ambulance district or fire protection district that is 28
authorized to provide ambulance service, or from each 29
municipality not within an ambulance district or fire 30
protection district that is authorized to provide ambulance 31
service, in which the ambulance service proposes to operate. 32
If an ambulance service proposes to operate in 33
unincorporated portions of a county not within an ambulance 34
district or fire protection district that is authorized to 35
provide ambulance service, in order to be considered for a 36
new ambulance service license, the ambulance service shall 37
submit to the department a letter of endorsement from the 38
county. Any letter of endorsement required pursuant to this 39
section shall verify that the political subdivision has 40
conducted a public hearing regarding the endorsement and 41
that the governing body of the political subdivision has 42
adopted a resolution approving the endorsement. The letter 43
of endorsement shall affirmatively state that the proposed 44
ambulance service: 45
(1) Will provide a benefit to public health that 46
outweighs the associated costs; 47
(2) Will maintain or enhance the public's access to 48
ambulance services; 49
(3) Will maintain or improve the public health and 50
promote the continued development of the regional emergency 51
medical service system; 52
(4) Has demonstrated the appropriate expertise in the 53
operation of ambulance services; and 54
(5) Has demonstrated the financial resources necessary 55
for the operation of the proposed ambulance service. 56 SB 143 19
4. A contract between a political subdivision and a 57
licensed ambulance service for the provision of ambulance 58
services for that political subdivision shall expand, 59
without further action by the department, the ambulance 60
service area of the licensed ambulance service to include 61
the jurisdictional boundaries of the political subdivision. 62
The termination of the aforementioned contract shall result 63
in a reduction of the licensed ambulance service's ambulance 64
service area by removing the geographic area of the 65
political subdivision from its ambulance service area, 66
except that licensed ambulance service providers may provide 67
ambulance services as are needed at and around the state 68
fair grounds for protection of attendees at the state fair. 69
5. The department shall renew a ground ambulance 70
service license if the applicant meets the requirements 71
established pursuant to sections 190.001 to 190.245, and the 72
rules adopted by the department pursuant to sections 190.001 73
to 190.245. 74
6. The department shall promulgate rules relating to 75
the requirements for a ground ambulance service license 76
including, but not limited to: 77
(1) Vehicle design, specification, operation and 78
maintenance standards; 79
(2) Equipment requirements; 80
(3) Staffing requirements; 81
(4) Five-year license renewal; 82
(5) Records and forms; 83
(6) Medical control plans; 84
(7) Medical director qualifications; 85
(8) Standards for medical communications; 86
(9) Memorandums of understanding with emergency 87
medical response agencies that provide advanced life support; 88 SB 143 20
(10) Quality improvement committees; [and] 89
(11) Response time, patient care and transportation 90
standards; 91
(12) Participation with regional emergency medical 92
services advisory committees; and 93
(13) Ambulance service administrator qualifications. 94
7. Application for a ground ambulance service license 95
shall be made upon such forms as prescribed by the 96
department in rules adopted pursuant to sections 190.001 to 97
190.245. The application form shall contain such 98
information as the department deems necessary to make a 99
determination as to whether the ground ambulance service 100
meets all the requirements of sections 190.001 to 190.245 101
and rules promulgated pursuant to sections 190.001 to 102
190.245. 103
190.112. 1. Each ambulance service licensed under 1
this chapter shall identify to the department the individual 2
serving as the ambulance service administrator who is 3
responsible for the operations and staffing of the ambulance 4
service. The ambulance service administrator shall be 5
required to have achieved basic training of at least forty 6
hours regarding the operations of an ambulance service and 7
two hours of annual continuing education. The training 8
required under this section shall be offered by a statewide 9
association organized for the benefit of ambulance districts 10
or be approved by the state advisory council on emergency 11
medical services and shall include the following: 12
(1) Basic principles of accounting and economics; 13
(2) State and federal laws applicable to ambulance 14
services; 15
(3) Regulatory requirements applicable to ambulance 16
services; 17 SB 143 21
(4) Human resources management and laws; 18
(5) Grant writing, contracts, and fundraising; 19
(6) State sunshine laws in chapter 610, as well as 20
applicable ethics requirements; and 21
(7) Volunteer and community involvement. 22
2. Ambulance service administrators serving in this 23
capacity as of August 28, 2025, shall have until January 1, 24
2027, to demonstrate compliance with the provisions of this 25
section. 26
190.166. 1. In addition to the provisions of section 1
190.165, the department of health and senior services may 2
refuse to issue, deny renewal of, or suspend a license 3
required pursuant to section 190.109, or take other 4
corrective actions as described in this section, based on 5
the following considerations: 6
(1) The license holder is determined to be financially 7
insolvent; 8
(2) The ambulance service has inadequate personnel, 9
vehicles, or equipment to operate the ambulance service to 10
provide basic emergency operations. Ambulance services 11
shall provide the quantity of ambulance vehicles, medical 12
supplies, and personnel to meet the emergency call volume 13
which can be reasonably anticipated for their ambulance 14
service area. Ambulance services shall not rely on mutual 15
aid to such an extent that it impairs the ability of another 16
ambulance service to provide service to its own ambulance 17
service area. Small ambulance services with lower emergency 18
call volumes shall have a minimum of one ambulance unit 19
staffed with at least two licensed emergency medical 20
technicians twenty-four hours each day, seven days each week 21
and either a second ambulance unit available for emergency 22
calls if the main ambulance unit is out on a call or 23 SB 143 22
otherwise unavailable or the smaller ambulance service shall 24
have a written agreement with another licensed ambulance 25
service to send an ambulance unit on emergency calls when 26
the main ambulance unit is out on a call or otherwise 27
unavailable; 28
(3) The ambulance service requires an inordinate 29
amount of mutual aid from neighboring services, such as more 30
than ten percent of the total runs in the service area in 31
any given month, or than would be considered prudent and 32
thus cannot provide an appropriate level of emergency 33
response for the service area as would be considered prudent 34
by the typical ground ambulance services operator; 35
(4) The principal manager, board members, or other 36
executives are determined to be criminally liable for 37
actions related to the license or service provided; 38
(5) The license holder or principal manager, board 39
members, or other executives are determined by the Centers 40
for Medicare and Medicaid Services to be ineligible for 41
participation in Medicare; 42
(6) The license holder or principal manager, board 43
members, or other executives are determined by the MO 44
HealthNet division to be ineligible for participation in MO 45
HealthNet; 46
(7) The ambulance service administrator has failed to 47
meet the required qualifications or failed to complete the 48
training required pursuant to section 190.112; and 49
(8) Three or more board members have failed to 50
complete required training pursuant to section 190.053 if 51
the ambulance service is an ambulance district. 52
2. If the department makes a determination of 53
insolvency or insufficiency of operations of a license 54
holder under subsection 1 of this section, then the 55 SB 143 23
department may require the license holder to submit a 56
corrective plan within fifteen days and require 57
implementation of the corrective plan within thirty days. 58
3. The department shall be required to provide notice 59
of any determination by the department of insolvency or 60
insufficiency of operations of a license holder to other 61
license holders operating in the license holder's vicinity, 62
members of the general assembly who represent the license 63
holder's service area, the governing officials of any county 64
or municipal entity in the license holder's service area, 65
the appropriate regional emergency medical services advisory 66
committee, and the state advisory council on emergency 67
medical services. 68
4. Upon taking any disciplinary action under this 69
section or section 190.165, the department shall immediately 70
engage with other license holders in the affected area. The 71
holder of a provisional or suspended license may enter into 72
an agreement with other license holders to provide services 73
to the affected area. Such agreement may be in the form of 74
an agreement to provide services, a joint powers agreement, 75
formal consideration, or payment for services rendered. If 76
there is any conflict between which license holder will 77
provide service to the affected area, or if there is no 78
license holder willing to provide service to the affected 79
area, then the department may request the administrative 80
hearing commission during a disciplinary action to appoint a 81
licensed ambulance service to operate the ambulance service 82
on a short-term basis during the pendency of the 83
disciplinary action. The administrative hearing commission 84
may order a licensed ambulance service to operate the 85
ambulance service area during the pendency of the 86
disciplinary action, which may include receiving any fees or 87 SB 143 24
payment for services rendered from the license holder that 88
is involved in the disciplinary action. If the license 89
holder involved in the disciplinary action is suspended or 90
revoked, the administrative hearing commission shall ensure 91
there is a licensed ambulance service to operate the 92
affected ambulance service area directly after the 93
suspension or revocation and approve of this licensed 94
ambulance service to operate the affected ambulance service 95
area directly after the suspension or revocation. The 96
licensed ambulance service authorized by the administrative 97
hearing commission to operate the affected service area 98
shall be included in the administrative hearing commission's 99
suspension or revocation decision. 100
5. Any license holder who provides assistance in the 101
service area of another license holder whose license has 102
been suspended under this section shall have the right to 103
seek reasonable compensation from the license holder whose 104
license to operate has been suspended for all calls, stand- 105
by time, and responses to medical emergencies during such 106
time as the license remains suspended. The reasonable 107
compensation shall not be limited to those expenses incurred 108
in actual responses, but may also include reasonable 109
expenses to maintain ambulance service, including, but not 110
limited to, the daily operation costs of maintaining the 111
service, personnel wages and benefits, equipment purchases 112
and maintenance, and other costs incurred in the operation 113
of a ground ambulance service. The license holder providing 114
assistance shall be entitled to an award of costs and 115
reasonable attorney fees in any action to enforce the 116
provisions of this subsection. 117
195.417. 1. The limits specified in this section 1
shall not apply to any quantity of such product, mixture, or 2 SB 143 25
preparation which must be dispensed, sold, or distributed in 3
a pharmacy pursuant to a valid prescription. 4
2. Within any thirty-day period, no person shall sell, 5
dispense, or otherwise provide to the same individual, and 6
no person shall purchase, receive, or otherwise acquire more 7
than the following amount: any number of packages of any 8
drug product containing any detectable amount of ephedrine, 9
phenylpropanolamine, or pseudoephedrine, or any of their 10
salts or optical isomers, or salts of optical isomers, 11
either as: 12
(1) The sole active ingredient; or 13
(2) One of the active ingredients of a combination 14
drug; or 15
(3) A combination of any of the products specified in 16
subdivisions (1) and (2) of this subsection; 17
in any total amount greater than seven and two-tenths grams, 18
without regard to the number of transactions. 19
3. Within any twenty-four-hour period, no pharmacist, 20
intern pharmacist, or registered pharmacy technician shall 21
sell, dispense, or otherwise provide to the same individual, 22
and no person shall purchase, receive, or otherwise acquire 23
more than the following amount: any number of packages of 24
any drug product containing any detectable amount of 25
ephedrine, phenylpropanolamine, or pseudoephedrine, or any 26
of their salts or optical isomers, or salts of optical 27
isomers, either as: 28
(1) The sole active ingredient; or 29
(2) One of the active ingredients of a combination 30
drug; or 31
(3) A combination of any of the products specified in 32
subdivisions (1) and (2) of this subsection; 33 SB 143 26
in any total amount greater than three and six-tenths grams 34
without regard to the number of transactions. 35
4. Within any twelve-month period, no person shall 36
sell, dispense, or otherwise provide to the same individual, 37
and no person shall purchase, receive, or otherwise acquire 38
more than the following amount: any number of packages of 39
any drug product containing any detectable amount of 40
ephedrine, phenylpropanolamine, or pseudoephedrine, or any 41
of their salts or optical isomers, or salts of optical 42
isomers, either as: 43
(1) The sole active ingredient; or 44
(2) One of the active ingredients of a combination 45
drug; or 46
(3) A combination of any of the products specified in 47
subdivisions (1) and (2) of this subsection; 48
in any total amount greater than [forty-three] sixty-one and 49
two-tenths grams, without regard to the number of 50
transactions. 51
5. All packages of any compound, mixture, or 52
preparation containing any detectable quantity of ephedrine, 53
phenylpropanolamine, or pseudoephedrine, or any of their 54
salts or optical isomers, or salts of optical isomers, 55
except those that are excluded from Schedule V in subsection 56
17 or 18 of section 195.017, shall be offered for sale only 57
from behind a pharmacy counter where the public is not 58
permitted, and only by a registered pharmacist or registered 59
pharmacy technician under section 195.017. 60
6. Each pharmacy shall submit information regarding 61
sales of any compound, mixture, or preparation as specified 62
in this section in accordance with transmission methods and 63
frequency established by the department by regulation. 64 SB 143 27
7. No prescription shall be required for the 65
dispensation, sale, or distribution of any drug product 66
containing any detectable amount of ephedrine, 67
phenylpropanolamine, or pseudoephedrine, or any of their 68
salts or optical isomers, or salts of optical isomers, in an 69
amount within the limits described in subsections 2, 3, and 70
4 of this section. The superintendent of the Missouri state 71
highway patrol shall report to the revisor of statutes and 72
the general assembly by February first when the statewide 73
number of methamphetamine laboratory seizure incidents 74
exceeds three hundred incidents in the previous calendar 75
year. The provisions of this subsection shall expire on 76
April first of the calendar year in which the revisor of 77
statutes receives such notification. 78
8. This section shall supersede and preempt any local 79
ordinances or regulations, including any ordinances or 80
regulations enacted by any political subdivision of the 81
state. This section shall not apply to the sale of any 82
animal feed products containing ephedrine or any naturally 83
occurring or herbal ephedra or extract of ephedra. 84
9. Any local ordinances or regulations enacted by any 85
political subdivision of the state prior to August 28, 2020, 86
requiring a prescription for the dispensation, sale, or 87
distribution of any drug product containing any detectable 88
amount of ephedrine, phenylpropanolamine, or 89
pseudoephedrine, or any of their salts or optical isomers, 90
or salts of optical isomers, in an amount within the limits 91
described in subsections 2, 3, and 4 of this section shall 92
be void and of no effect and no such political subdivision 93
shall maintain or enforce such ordinance or regulation. 94
10. All logs, records, documents, and electronic 95
information maintained for the dispensing of these products 96 SB 143 28
shall be open for inspection and copying by municipal, 97
county, and state or federal law enforcement officers whose 98
duty it is to enforce the controlled substances laws of this 99
state or the United States. 100
11. All persons who dispense or offer for sale 101
pseudoephedrine and ephedrine products, except those that 102
are excluded from Schedule V in subsection 17 or 18 of 103
section 195.017, shall ensure that all such products are 104
located only behind a pharmacy counter where the public is 105
not permitted. 106
12. The penalty for a knowing or reckless violation of 107
this section is found in section 579.060. 108
197.135. 1. Beginning January 1, 2023, or no later 1
than six months after the establishment of the statewide 2
telehealth network under section 192.2520, whichever is 3
later, any hospital licensed under this chapter shall 4
perform a forensic examination using an evidentiary 5
collection kit upon the request and consent of the victim of 6
a sexual offense, or the victim's guardian, when the victim 7
is at least fourteen years of age. In the case of minor 8
consent, the provisions of subsection 2 of section 595.220 9
shall apply. Victims under fourteen years of age shall be 10
referred, and victims fourteen years of age or older but 11
less than eighteen years of age may be referred, to a SAFE 12
CARE provider, as such term is defined in section 334.950, 13
for medical or forensic evaluation and case review. Nothing 14
in this section shall be interpreted to preclude a hospital 15
from performing a forensic examination for a victim under 16
fourteen years of age upon the request and consent of the 17
victim or victim's guardian, subject to the provisions of 18
section 595.220 and the rules promulgated by the department 19
of public safety. 20 SB 143 29
2. (1) An appropriate medical provider, as such term 21
is defined in section 595.220, shall perform the forensic 22
examination of a victim of a sexual offense. The hospital 23
shall ensure that any provider performing the examination 24
has received training conducting such examinations that is, 25
at a minimum, equivalent to the training offered by the 26
statewide telehealth network under subsection 4 of section 27
192.2520. Nothing in this section shall require providers 28
to utilize the training offered by the statewide telehealth 29
network, as long as the training utilized is, at a minimum, 30
equivalent to the training offered by the statewide 31
telehealth network. 32
(2) If the provider is not a sexual assault nurse 33
examiner (SANE), or another similarly trained physician or 34
nurse, then the hospital shall utilize telehealth services 35
during the examination, such as those provided by the 36
statewide telehealth network, to provide guidance and 37
support through a SANE, or other similarly trained physician 38
or nurse, who may observe the live forensic examination and 39
who shall communicate with and support the onsite provider 40
with the examination, forensic evidence collection, and 41
proper transmission and storage of the examination evidence. 42
3. The department of health and senior services may 43
issue a waiver of the telehealth requirements of subsection 44
2 of this section if the hospital demonstrates to the 45
department, in writing, a technological hardship in 46
accessing telehealth services or a lack of access to 47
adequate broadband services sufficient to access telehealth 48
services. Such waivers shall be granted sparingly and for 49
no more than a year in length at a time, with the 50
opportunity for renewal at the department's discretion. 51 SB 143 30
4. The department shall waive the requirements of this 52
section if the statewide telehealth network established 53
under section 192.2520 ceases operation, the director of the 54
department of health and senior services has provided 55
written notice to hospitals licensed under this chapter that 56
the network has ceased operation, and the hospital cannot, 57
in good faith, comply with the requirements of this section 58
without assistance or resources of the statewide telehealth 59
network. Such waiver shall remain in effect until such time 60
as the statewide telehealth network resumes operation or 61
until the hospital is able to demonstrate compliance with 62
the provisions of this section without the assistance or 63
resources of the statewide telehealth network. 64
5. The provisions of section 595.220 shall apply to 65
the reimbursement of the reasonable costs of the 66
examinations and the provision of the evidentiary collection 67
kits. 68
6. No individual hospital shall be required to comply 69
with the provisions of this section and section 192.2520 70
unless and until the department provides such hospital with 71
access to the statewide telehealth network for the purposes 72
of mentoring and training services required under section 73
192.2520 without charge to the hospital. 74
7. A specialty hospital shall be considered exempt 75
from the provisions of this section and section 192.2520 if 76
such hospital has a policy for the transfer of a victim of a 77
sexual offense to an appropriate hospital with an emergency 78
department. As used in this section, "specialty hospital" 79
shall mean a hospital licensed under this chapter and 80
designated by the department as something other than a 81
general acute care hospital. 82 SB 143 31
198.022. 1. Upon receipt of an application for a 1
license to operate a facility, the department shall review 2
the application, investigate the applicant and the 3
statements sworn to in the application for license and 4
conduct any necessary inspections. A license shall be 5
issued if the following requirements are met: 6
(1) The statements in the application are true and 7
correct; 8
(2) The facility and the operator are in substantial 9
compliance with the provisions of sections 198.003 to 10
198.096 and the standards established thereunder; 11
(3) The applicant has the financial capacity to 12
operate the facility; 13
(4) The administrator of an assisted living facility, 14
a skilled nursing facility, or an intermediate care facility 15
is currently licensed under the provisions of chapter 344; 16
(5) Neither the operator nor any principals in the 17
operation of the facility have ever been convicted of a 18
felony offense concerning the operation of a long-term 19
health care facility or other health care facility or ever 20
knowingly acted or knowingly failed to perform any duty 21
which materially and adversely affected the health, safety, 22
welfare or property of a resident, while acting in a 23
management capacity. The operator of the facility or any 24
principal in the operation of the facility shall not be 25
under exclusion from participation in the Title XVIII 26
(Medicare) or Title XIX (Medicaid) program of any state or 27
territory; 28
(6) Neither the operator nor any principals involved 29
in the operation of the facility have ever been convicted of 30
a felony in any state or federal court arising out of 31 SB 143 32
conduct involving either management of a long-term care 32
facility or the provision or receipt of health care; 33
(7) All fees due to the state have been paid. 34
2. Upon denial of any application for a license, the 35
department shall so notify the applicant in writing, setting 36
forth therein the reasons and grounds for denial. 37
3. The department may inspect any facility and any 38
records and may make copies of records, at the facility, at 39
the department's own expense, required to be maintained by 40
sections 198.003 to 198.096 or by the rules and regulations 41
promulgated thereunder at any time if a license has been 42
issued to or an application for a license has been filed by 43
the operator of such facility. Copies of any records 44
requested by the department shall be prepared by the staff 45
of such facility within two business days or as determined 46
by the department. The department shall not remove or 47
disassemble any medical record during any inspection of the 48
facility, but may observe the photocopying or may make its 49
own copies if the facility does not have the technology to 50
make the copies. In accordance with the provisions of 51
section 198.525, the department shall make at least one 52
inspection per year, which shall be unannounced to the 53
operator. The department may make such other inspections, 54
announced or unannounced, as it deems necessary to carry out 55
the provisions of sections 198.003 to 198.136. 56
4. Whenever the department has reasonable grounds to 57
believe that a facility required to be licensed under 58
sections 198.003 to 198.096 is operating without a license, 59
and the department is not permitted access to inspect the 60
facility, or when a licensed operator refuses to permit 61
access to the department to inspect the facility, the 62
department shall apply to the circuit court of the county in 63 SB 143 33
which the premises is located for an order authorizing entry 64
for such inspection, and the court shall issue the order if 65
it finds reasonable grounds for inspection or if it finds 66
that a licensed operator has refused to permit the 67
department access to inspect the facility. 68
5. Whenever the department is inspecting a facility in 69
response to an application from an operator located outside 70
of Missouri not previously licensed by the department, the 71
department may request from the applicant the past five 72
years compliance history of all facilities owned by the 73
applicant located outside of this state. 74
6. If a licensee of a residential care facility or 75
assisted living facility is accredited by a recognized 76
accrediting entity, then the licensee may submit to the 77
department documentation of the licensee's current 78
accreditation status. If a licensee submits to the 79
department documentation from a recognized accrediting 80
entity that the licensee is in good standing, then the 81
department shall not conduct an annual onsite inspection of 82
the licensee. Nothing in this subsection shall preclude the 83
department from conducting inspections for violations of 84
standards or requirements contained within this chapter or 85
any other applicable law or regulation. As used in this 86
subsection, the term "recognized accrediting entity" shall 87
mean the Joint Commission or another nationally-recognized 88
accrediting entity approved by the department that has 89
specific residential care facility or assisted living 90
facility program standards equivalent to the standards 91
established by the department under this chapter. 92
210.109. 1. The children's division shall establish a 1
child protection system for the entire state. 2 SB 143 34
2. The child protection system shall promote the 3
safety of children and the integrity and preservation of 4
their families by conducting investigations or family 5
assessments and providing services in response to reports of 6
child abuse or neglect. The system shall coordinate 7
community resources and provide assistance or services to 8
children and families identified to be at risk, and to 9
prevent and remedy child abuse and neglect. 10
3. In addition to any duties specified in section 11
210.145, in implementing the child protection system, the 12
division shall: 13
(1) Maintain a central registry; 14
(2) Receive reports and establish and maintain an 15
information system operating at all times, capable of 16
receiving and maintaining reports; 17
(3) Attempt to obtain the name and address of any 18
person making a report in all cases, after obtaining 19
relevant information regarding the alleged abuse or neglect, 20
although reports may be made anonymously; except that, 21
reports by mandatory reporters under section 210.115, 22
including employees of the children's division, juvenile 23
officers, and school personnel shall not be made 24
anonymously, provided that the reporter shall be informed, 25
at the time of the report, that the reporter's name and any 26
other personally identifiable information shall be held as 27
confidential and shall not be made public as provided under 28
this section and section 211.319; 29
(4) Upon receipt of a report, check with the 30
information system to determine whether previous reports 31
have been made regarding actual or suspected abuse or 32
neglect of the subject child, of any siblings, and the 33 SB 143 35
perpetrator, and relevant dispositional information 34
regarding such previous reports; 35
(5) Provide protective or preventive services to the 36
family and child and to others in the home to prevent abuse 37
or neglect, to safeguard their health and welfare, and to 38
help preserve and stabilize the family whenever possible. 39
The juvenile court shall cooperate with the division in 40
providing such services; 41
(6) Collaborate with the community to identify 42
comprehensive local services and assure access to those 43
services for children and families where there is risk of 44
abuse or neglect; 45
(7) Maintain a record which contains the facts 46
ascertained which support the determination as well as the 47
facts that do not support the determination; 48
(8) Whenever available and appropriate, contract for 49
the provision of children's services through children's 50
services providers and agencies in the community; except 51
that the state shall be the sole provider of child abuse and 52
neglect hotline services, the initial child abuse and 53
neglect investigation, and the initial family assessment. 54
To assist in its child abuse and neglect investigation, the 55
division may contract for services designed to ascertain 56
child safety and provide preventative services; provided 57
that a contractor providing child safety services for a 58
child shall not also be a placement provider for that 59
child. The division shall attempt to seek input from child 60
welfare service providers in completing the initial family 61
assessment. In all legal proceedings involving children in 62
the custody of the division, the division shall be 63
represented in court by either division personnel or persons 64
with whom the division contracts with for such legal 65 SB 143 36
representation. All children's services providers and 66
agencies shall be subject to criminal background checks 67
pursuant to chapter 43 and shall submit names of all 68
employees to the family care safety registry; and 69
(9) Upon receipt of a report, attempt to ascertain 70
whether the suspected perpetrator or any person responsible 71
for the care, custody, and control of the subject child is a 72
member of any branch of the military, as defined under 73
section 40.005, or is a member of the Armed Forces, as 74
defined in section 41.030. 75
As used in this subsection, "report" includes any telephone 76
call made pursuant to section 210.145. 77
210.112. 1. It is the policy of this state and its 1
agencies to implement a foster care and child protection and 2
welfare system focused on providing the highest quality of 3
services and outcomes for children and their families. The 4
department of social services shall implement such system 5
subject to the following principles: 6
(1) The safety and welfare of children is paramount; 7
(2) All providers of direct services to children and 8
their families will be evaluated in a uniform, transparent, 9
objective, and consistent basis based on an evaluation tool 10
established in this section; 11
(3) Services to children and their families shall be 12
provided in a timely manner to maximize the opportunity for 13
successful outcomes, and such services shall be tracked and 14
routinely evaluated through a quality assurance program; 15
(4) Any provider of direct services to children and 16
families shall have the appropriate and relevant training, 17
education, and expertise to provide the highest quality of 18 SB 143 37
services possible which shall be consistent with federal and 19
state standards; 20
(5) Resources and efforts shall be committed to pursue 21
the best possible opportunity for a successful outcome for 22
each child. Successful outcomes may include preparing youth 23
for a productive and successful life as an adult outside the 24
foster care system, such as independent living. For those 25
providers that work with children requiring intensive twenty- 26
four-hour treatment services, successful outcomes shall be 27
based on the least restrictive alternative possible based on 28
the child's needs as well as the quality of care received; 29
and 30
(6) All service providers shall prioritize methods of 31
reducing or eliminating a child's need for residential 32
treatment through community-based services and supports. 33
2. (1) In conjunction with the response and 34
evaluation team established under subsection 3 of this 35
section, as well as other individuals the division deems 36
appropriate, the division shall establish an evaluation tool 37
that complies with state and federal guidelines. 38
(2) The evaluation tool shall include metrics 39
supporting best practices for case management and service 40
provision including, but not limited to, the frequency of 41
face-to-face visits with the child. 42
(3) There shall be a mechanism whereby providers may 43
propose different evaluation metrics on a case-by-case basis 44
if such case may have circumstances far beyond those that 45
would be expected. Such cases shall be evaluated by the 46
response and evaluation team under subsection 3 of this 47
section. 48
(4) Data regarding all evaluation metrics shall be 49
collected by the division on a monthly basis, and the 50 SB 143 38
division shall issue a quarterly report regarding the 51
evaluation data for each provider, both public and private, 52
by county. The response and evaluation team shall determine 53
how to aggregate cases for the division and large 54
contractors so that performance and outcomes may be compared 55
effectively while also protecting confidentiality. Such 56
reports shall be made public and shall include information 57
by county. 58
(5) The standards and metrics developed through this 59
evaluation tool shall be used to evaluate competitive bids 60
for future contracts established under subsection 4 of this 61
section. 62
3. The division shall create a response and evaluation 63
team. Membership of the team shall be composed of five 64
staff members from the division with experience in foster 65
care appointed by the director of the division; five 66
representatives, one from each contract region for foster 67
care case management contracts under this section, who shall 68
be annually rotated among contractors in each region, which 69
shall appoint the agency; two experts working in either 70
research or higher education on issues relating to child 71
welfare and foster care appointed by the director of the 72
division and who shall be actively working for either an 73
academic institution or policy foundation; one juvenile 74
officer or a Missouri juvenile justice director to be 75
appointed by the Missouri Juvenile Justice Association; and 76
one juvenile or family court judge appointed by the supreme 77
court. The division shall provide the necessary staffing 78
for the team's operations. All members shall be appointed 79
and the team shall meet for the first time before January 1, 80
2021. The team shall: 81 SB 143 39
(1) Review the evaluation tool and metrics set forth 82
in subsection 2 of this section on a semiannual basis to 83
determine any adjustments needed or issues that could affect 84
the quality of such tools and approve or deny on a case-by- 85
case basis: 86
(a) Cases that a provider feels are anomalous and 87
should not be part of developing the case management tool 88
under subsection 2 of this section; 89
(b) Alternative evaluation metrics recommended by 90
providers based on the best interests of the child under 91
subsections 2 and 5 of this section; or 92
(c) Review and recommend any structure for incentives 93
or other reimbursement strategies under subsection 6 of this 94
section; 95
(2) Develop and execute periodic provider evaluations 96
of cases managed by the division and children service 97
providers contracted with the state to provide foster care 98
case management services, in the field under the evaluation 99
tool created under subsection 2 of this section to ensure 100
basic requirements of the program are met, which shall 101
include, but are not limited to, random file review to 102
ensure documentation shows required visits and case 103
management plan notes; and 104
(3) Develop a system for reviewing and working with 105
providers identified under subdivision (2) of this 106
subsection or providers who request such assistance from the 107
division who show signs of performance weakness to ensure 108
technical assistance and other services are offered to 109
assist the providers in achieving successful outcomes for 110
their cases. 111
4. The children's division and any other state agency 112
deemed necessary by the division shall, in consultation with 113 SB 143 40
service providers and other relevant parties, enter into and 114
implement contracts with qualified children's services 115
providers and agencies to provide a comprehensive and 116
deliberate system of service delivery for children and their 117
families. Contracts shall be awarded through a competitive 118
process and provided by qualified public and private not-for- 119
profit or limited liability corporations owned exclusively 120
by not-for-profit corporations children's services providers 121
and agencies which have: 122
(1) A proven record of providing child welfare 123
services within the state of Missouri which shall be 124
consistent with the federal standards, but not less than the 125
standards and policies used by the children's division as of 126
January 1, 2004; and 127
(2) The ability to provide a range of child welfare 128
services including, but not limited to, case management 129
services, family-centered services, foster and adoptive 130
parent recruitment and retention, residential care, in-home 131
services, foster care services, adoption services, relative 132
care case management, planned permanent living services, and 133
family reunification services. 134
No contracts under this section shall be issued for services 135
related to the child abuse and neglect hotline, 136
investigations of alleged abuse and neglect, and initial 137
family assessments, except for services designed to assist 138
the division in ascertaining child safety and providing 139
preventative services. Any contracts entered into by the 140
division shall be in accordance with all federal laws and 141
regulations, and shall seek to maximize federal funding. 142
Children's services providers and agencies under contract 143
with the division shall be subject to all federal, state, 144 SB 143 41
and local laws and regulations relating to the provision of 145
such services, and shall be subject to oversight and 146
inspection by appropriate state agencies to assure 147
compliance with standards which shall be consistent with the 148
federal standards. 149
5. The division shall accept as prima facie evidence 150
of completion of the requirements for licensure under 151
sections 210.481 to 210.511 proof that an agency is 152
accredited by any of the following nationally recognized 153
bodies: the Council on Accreditation of Services, Children 154
and Families, Inc.; the Joint Commission on Accreditation of 155
Hospitals; or the Commission on Accreditation of 156
Rehabilitation Facilities. 157
6. Payment to the children's services providers and 158
agencies shall be made based on the reasonable costs of 159
services, including responsibilities necessary to execute 160
the contract. Any reimbursement increases made through 161
enhanced appropriations for services shall be allocated to 162
providers regardless of whether the provider is public or 163
private. Such increases shall be considered additive to the 164
existing contracts. In addition to payments reflecting the 165
cost of services, contracts shall include incentives 166
provided in recognition of performance based on the 167
evaluation tool created under subsection 2 of this section 168
and the corresponding savings for the state. The response 169
and evaluation team under subsection 3 of this section shall 170
review a formula to distribute such payments, as recommended 171
by the division. 172
7. The division shall consider immediate actions that 173
are in the best interests of the children served including, 174
but not limited to, placing the agency on a corrective plan, 175
halting new referrals, transferring cases to other 176 SB 143 42
performing providers, or terminating the provider's 177
contract. The division shall take steps necessary to 178
evaluate the nature of the issue and act accordingly in the 179
most timely fashion possible. 180
8. By July 1, 2021, the children's division shall 181
promulgate and have in effect rules to implement the 182
provisions of this section and, pursuant to this section, 183
shall define implementation plans and dates. Any rule or 184
portion of a rule, as that term is defined in section 185
536.010, that is created under the authority delegated in 186
this section shall become effective only if it complies with 187
and is subject to all of the provisions of chapter 536 and, 188
if applicable, section 536.028. This section and chapter 189
536 are nonseverable and if any of the powers vested with 190
the general assembly pursuant to chapter 536 to review, to 191
delay the effective date, or to disapprove and annul a rule 192
are subsequently held unconstitutional, then the grant of 193
rulemaking authority and any rule proposed or adopted after 194
August 28, 2004, shall be invalid and void. 195
9. A provision in a service provider contract in which 196
the state is indemnified, held harmless, or insured for 197
damages, claims, losses, or expenses arising from any 198
injury, including, but not limited to, bodily injury, mental 199
anguish, property damage, or economic or noneconomic damages 200
or loss caused by or resulting from the state's negligence, 201
in whole or in part, shall be void as against public policy 202
and unenforceable. As used in this subsection, "service 203
provider contract" means a contract, agreement, or 204
understanding between a provider of services and the 205
division regarding the provision of services. 206
210.135. 1. Any person, official, employee of the 1
department of social services, or institution complying with 2 SB 143 43
the provisions of sections [210.110] 210.109 to 210.165 in 3
the making of a report, the taking of color photographs, or 4
the making of radiologic examinations pursuant to sections 5
[210.110] 210.109 to 210.165, or both such taking of color 6
photographs and making of radiologic examinations, or the 7
removal or retaining a child pursuant to sections [210.110] 8
210.109 to 210.165 and chapter 211, or in cooperating with 9
the division, or cooperating with a qualified individual 10
pursuant to section 210.715, or any other law enforcement 11
agency, juvenile office, court, state agency, or child- 12
protective service agency of this or any other state, in any 13
of the activities pursuant to sections [210.110] 210.109 to 14
210.165 and chapter 211, or any other allegation of child 15
abuse, neglect or assault, pursuant to sections 568.045 to 16
568.060, shall have immunity from any liability, civil or 17
criminal, that otherwise might result by reason of such 18
actions. Provided, however, any person, official or 19
institution intentionally filing a false report, acting in 20
bad faith, or with ill intent, shall not have immunity from 21
any liability, civil or criminal. Any such person, 22
official, or institution shall have the same immunity with 23
respect to participation in any judicial proceeding 24
resulting from the report. 25
2. An employee, including a contracted employee, of a 26
state-funded child assessment center, as provided for in 27
subsection 2 of section 210.001, shall be immune from any 28
civil liability that arises from the employee's 29
participation in the investigation process and services by 30
the child assessment center, unless such person acted in bad 31
faith. This subsection shall not displace or limit any 32
other immunity provided by law. 33 SB 143 44
3. Any person, who is not a school district employee, 34
who makes a report to any employee of the school district of 35
child abuse by a school employee shall have immunity from 36
any liability, civil or criminal, that otherwise might 37
result because of such report. Provided, however, that any 38
such person who makes a false report, knowing that the 39
report is false, or who acts in bad faith or with ill intent 40
in making such report shall not have immunity from any 41
liability, civil or criminal. Any such person shall have 42
the same immunity with respect to participation in any 43
judicial proceeding resulting from the report. 44
4. In a case involving the death or serious injury of 45
a child after a report has been made under sections 210.109 46
to 210.165, the division shall conduct a preliminary 47
evaluation in order to determine whether a review of the 48
ability of the circuit manager or case worker or workers to 49
perform their duties competently is necessary. The 50
preliminary evaluation shall examine: 51
(1) The hotline worker or workers who took any reports 52
related to such case; 53
(2) The division case worker or workers assigned to 54
the investigation of such report; and 55
(3) The circuit manager assigned to the county where 56
the report was investigated. 57
Any preliminary evaluation shall be completed no later than 58
three days after the child's death. If the division 59
determines a review and assessment is necessary, it shall be 60
completed no later than three days after the child's death. 61
210.1012. 1. There is hereby created a statewide 1
program called the "Amber Alert System" referred to in this 2 SB 143 45
section as the "system" to aid in the identification and 3
location of an abducted child. 4
2. For the purposes of this section, "abducted child" 5
means a child whose whereabouts are unknown and who is: 6
(1) Less than eighteen years of age and reasonably 7
believed to be the victim of the crime of kidnapping or 8
kidnapping in the first degree as defined by section 565.110 9
as determined by local law enforcement; 10
(2) Reasonably believed to be the victim of the crime 11
of child kidnapping as defined by section 565.115 as 12
determined by local law enforcement; or 13
(3) Less than eighteen years of age and at least 14
fourteen years of age and who, if under the age of fourteen, 15
would otherwise be reasonably believed to be a victim of 16
child kidnapping as defined by section 565.115 as determined 17
by local law enforcement. 18
3. The department of public safety shall develop 19
regions to provide the system. The department of public 20
safety shall coordinate local law enforcement agencies and 21
public commercial television and radio broadcasters to 22
provide an effective system. In the event that a local law 23
enforcement agency opts not to set up a system and an 24
abduction occurs within the jurisdiction, it shall notify 25
the department of public safety who will notify local media 26
in the region. 27
4. The Amber alert system shall include all state 28
agencies capable of providing urgent and timely information 29
to the public together with broadcasters and other private 30
entities that volunteer to participate in the dissemination 31
of urgent public information. At a minimum, the Amber alert 32
system shall include the department of public safety, 33 SB 143 46
highway patrol, department of transportation, department of 34
health and senior services, and Missouri lottery. 35
5. The department of public safety shall have the 36
authority to notify other regions upon verification that the 37
criteria established by the oversight committee has been met. 38
6. Participation in an Amber alert system is entirely 39
at the option of local law enforcement agencies and 40
federally licensed radio and television broadcasters. 41
7. Any person who knowingly makes a false report that 42
triggers an alert pursuant to this section is guilty of a 43
class A misdemeanor. 44
8. It shall be unlawful to discriminate against any 45
person because of race, color, religion, national origin, 46
ancestry, sex, disability, or familial status when the 47
department coordinates with local law enforcement agencies 48
and public commercial television and radio broadcasters to 49
provide an effective system. 50
210.1505. 1. There is hereby created the "Statewide 1
Council [on Sex] Against Adult Trafficking and the 2
Commercial Sexual Exploitation of Children" [to] within the 3
office of the attorney general to make recommendations for a 4
coordinated statewide effort against the trafficking of 5
adults and children within the state of Missouri. The 6
council shall consist of the following members: 7
(1) [The following four members of the general 8
assembly: 9
(a) Two members of the senate, with one member to be 10
appointed by the president pro tempore of the senate and one 11
member to be appointed by the minority floor leader of the 12
senate; and 13
(b) Two members of the house of representatives, with 14
one member to be appointed by the speaker of the house of 15 SB 143 47
representatives and one member to be appointed by the 16
minority floor leader of the house of representatives] The 17
attorney general or his or her designee, who shall serve as 18
the chair of the council; 19
(2) The director of the children's division or his or 20
her designee; 21
(3) The director of the department of public safety or 22
his or her designee; 23
(4) The director of the department of mental health or 24
his or her designee; 25
(5) The director of the office of prosecution services 26
or his or her designee; 27
(6) The superintendent of the Missouri state highway 28
patrol or his or her designee; 29
(7) The executive director of the statewide network of 30
child advocacy organizations [specializing in the prevention 31
of child abuse or neglect] or his or her designee; 32
(8) The executive director of the statewide coalition 33
against domestic and sexual violence or his or her designee; 34
(9) The executive director of the Missouri Juvenile 35
Justice Association or his or her designee; 36
(10) The director of the attorney general's human 37
trafficking task force or his or her designee; 38
(11) Two representatives from agencies providing 39
services to victims of child sex trafficking and sexual 40
exploitation [who reflect the geographic diversity of the 41
state and who shall be appointed by the director of the 42
department of social services]; [and] 43
(12) Two members of the senate to be appointed by the 44
president pro tempore of the senate; 45
(13) Two members of the house of representatives to be 46
appointed by the speaker of the house of representatives; 47 SB 143 48
(14) A member of the judiciary, who shall be appointed 48
by the Missouri supreme court; 49
(15) The commissioner of the department of elementary 50
and secondary education or his or her designee; 51
(16) A designee from the governor's office; 52
(17) Two human trafficking survivors identified by a 53
children's advocacy center who are willing to serve on the 54
council; and 55
(18) A representative from any other government or 56
nongovernment organization deemed necessary by the attorney 57
general. 58
2. A majority of the members of the council shall 59
constitute a quorum. The council shall be created within 60
thirty days of August 28, 2025, and shall hold its first 61
meeting within thirty days after the council's creation [and 62
organize by selecting a chair and a vice chair]. The 63
council shall meet at [the call of the chair] least 64
quarterly. The council may create a subgroup to offer 65
recommendations on specific issues as deemed necessary. 66
3. [The council shall: 67
(1) Collect and analyze data relating to sex 68
trafficking and sexual exploitation of children, including 69
the number of reports made to the children's division under 70
section 210.115, any information obtained from phone calls 71
to the national sex trafficking hotline, the number of 72
reports made to law enforcement, arrests, prosecution rates, 73
and any other data important for any recommendations of the 74
council. State departments and council members shall 75
provide relevant data as requested by the council to fulfill 76
the council's duties; and 77
(2) Collect feedback from stakeholders, practitioners, 78
and leadership throughout the state in order to develop best 79 SB 143 49
practices and procedures regarding the response to sex 80
trafficking and sexual exploitation of children, including 81
identification and assessment of victims; response and 82
treatment coordination and collaboration across systems; 83
trauma-informed, culturally competent victim-centered 84
services; training for professionals in all systems; and 85
investigating and prosecuting perpetrators. 86
4. The department of social services shall provide 87
administrative support to the council. 88
5. On or before December 31, 2023, the council shall 89
submit a report of the council's activities to the governor 90
and general assembly and the joint committee on child abuse 91
and neglect under section 21.771. The report shall include 92
recommendations for priority needs and actions, including 93
statutory or regulatory changes relating to the response to 94
sex trafficking and sexual exploitation of children and 95
services for child victims. 96
6. The council shall expire on December 31, 2023] 97
There shall be an executive director who shall be appointed 98
by the attorney general who shall fix his or her 99
compensation and provide for such other administrative 100
personnel as necessary within the limits of appropriations 101
provided in subsection 4 of this section. The executive 102
director shall serve under the supervision of the attorney 103
general who shall provide necessary office space. 104
4. (1) There is hereby created in the state treasury 105
the "Anti-Trafficking Fund", which shall consist of moneys 106
appropriated to it by the general assembly and any grants, 107
gifts, donations, and bequests. The state treasurer shall 108
be custodian of the fund. In accordance with sections 109
30.170 and 30.180, the state treasurer may approve 110
disbursements. The fund shall be a dedicated fund and, upon 111 SB 143 50
appropriation, moneys in this fund shall be used solely to 112
pay for the position of the executive director and for any 113
other administrative personnel of the statewide council 114
against adult trafficking and the commercial sexual 115
exploitation of children, education and awareness regarding 116
human trafficking, and anti-trafficking efforts throughout 117
the state of Missouri. 118
(2) Notwithstanding the provisions of section 33.080 119
to the contrary, any moneys remaining in the fund at the end 120
of the biennium shall not revert to the credit of the 121
general revenue fund. 122
(3) The state treasurer shall invest moneys in the 123
fund in the same manner as other funds are invested. Any 124
interest and moneys earned on such investments shall be 125
credited to the fund. 126
211.033. 1. No person under the age of eighteen 1
years, except those transferred to the court of general 2
jurisdiction under the provisions of section 211.071, shall 3
be detained in a jail or other adult detention facility as 4
that term is defined in section 211.151. [A traffic court 5
judge may request the juvenile court to order the commitment 6
of a person under the age of eighteen to a juvenile 7
detention facility.] 8
2. Nothing in this section shall be construed as 9
creating any civil or criminal liability for any law 10
enforcement officer, juvenile officer, school personnel, or 11
court personnel for any action taken or failure to take any 12
action involving a minor child who remains under the 13
jurisdiction of the juvenile court under this section if 14
such action or failure to take action is based on a good 15
faith belief by such officer or personnel that the minor 16
child is not under the jurisdiction of the juvenile court. 17 SB 143 51
211.072. 1. A juvenile under eighteen years of age 1
who has been certified to stand trial as an adult for 2
offenses pursuant to section 211.071, if currently placed in 3
a secure juvenile detention facility, shall remain in a 4
secure juvenile detention facility pending finalization of 5
the judgment and completion of appeal, if any, of the 6
judgment dismissing the juvenile petition to allow for 7
prosecution under the general law unless otherwise ordered 8
by the juvenile court. Upon the judgment dismissing the 9
petition to allow prosecution under the general laws 10
becoming final and adult charges being filed, if the 11
juvenile is currently in a secure juvenile detention 12
facility, the juvenile shall remain in such facility unless 13
the juvenile posts bond or the juvenile is transferred to an 14
adult jail. If the juvenile officer does not believe 15
juvenile detention would be the appropriate placement or 16
would continue to serve as the appropriate placement, the 17
juvenile officer may file a motion in the adult criminal 18
case requesting that the juvenile be transferred from a 19
secure juvenile detention facility to an adult jail. The 20
court shall hear evidence relating to the appropriateness of 21
the juvenile remaining in a secure juvenile detention 22
facility or being transferred to an adult jail. At such 23
hearing, the following shall have the right to be present 24
and have the opportunity to present evidence and 25
recommendations at such hearing: the juvenile; the 26
juvenile's parents; the juvenile's counsel; the prosecuting 27
attorney; the juvenile officer or his or her designee for 28
the circuit in which the juvenile was certified; the 29
juvenile officer or his or her designee for the circuit in 30
which the pretrial-certified juvenile is proposed to be 31
held, if different from the circuit in which the juvenile 32 SB 143 52
was certified; counsel for the juvenile officer; and 33
representatives of the county proposed to have custody of 34
the pretrial-certified juvenile. 35
2. Following the hearing, the court shall order that 36
the juvenile continue to be held in a secure juvenile 37
detention facility subject to all Missouri juvenile 38
detention standards, or the court shall order that the 39
pretrial-certified juvenile be held in an adult jail but 40
only after the court has made findings that it would be in 41
the best interest of justice to move the pretrial-certified 42
juvenile to an adult jail. The court shall weigh the 43
following factors when deciding whether to detain a 44
certified juvenile in an adult facility: 45
(1) The certified juvenile's age; 46
(2) The certified juvenile's physical and mental 47
maturity; 48
(3) The certified juvenile's present mental state, 49
including whether he or she presents an imminent risk of 50
self-harm; 51
(4) The nature and circumstances of the charges; 52
(5) The certified juvenile's history of delinquency; 53
(6) The relative ability of the available adult and 54
juvenile facilities to both meet the needs of the certified 55
juvenile and to protect the public and other youth in their 56
custody; 57
(7) The opinion of the juvenile officer in the circuit 58
of the proposed placement as to the ability of that juvenile 59
detention facility to provide for appropriate care, custody, 60
and control of the pretrial-certified juvenile; and 61
(8) Any other relevant factor. 62
3. In the event the court finds that it is in the best 63
interest of justice to require the certified juvenile to be 64 SB 143 53
held in an adult jail, the court shall hold a hearing once 65
every thirty days to determine whether the placement of the 66
certified juvenile in an adult jail is still in the best 67
interests of justice. If a pretrial-certified juvenile 68
under eighteen years of age is ordered released on the 69
juvenile's adult criminal case from an adult jail following 70
a transfer order under subsection 2 of this section and the 71
juvenile is detained on violation of the conditions of 72
release or bond, the juvenile shall return to the custody of 73
the adult jail pending further court order. 74
4. A certified juvenile cannot be held in an adult 75
jail for more than one hundred eighty days unless the court 76
finds, for good cause, that an extension is necessary or the 77
juvenile, through counsel, waives the one hundred eighty day 78
maximum period. If no extension is granted under this 79
subsection, the certified juvenile shall be transferred from 80
the adult jail to a secure juvenile detention facility. If 81
an extension is granted under this subsection, the court 82
shall hold a hearing once every thirty days to determine 83
whether the placement of the certified juvenile in an adult 84
jail is still in the best interests of justice. 85
5. Effective December 31, 2021, all previously 86
pretrial-certified juveniles under eighteen years of age who 87
had been certified prior to August 28, 2021, shall be 88
transferred from adult jail to a secure juvenile detention 89
facility, unless a hearing is held and the court finds, 90
based upon the factors in subsection 2 of this section, that 91
it would be in the best interest of justice to keep the 92
juvenile in the adult jail. 93
6. All pretrial-certified juveniles under eighteen 94
years of age who are held in adult jails pursuant to the 95
best interest of justice exception shall continue to be 96 SB 143 54
subject to the protections of the Prison Rape Elimination 97
Act (PREA) and shall be physically separated from adult 98
inmates. 99
7. If the certified juvenile remains in juvenile 100
detention, the juvenile officer may file a motion to 101
reconsider placement. The court shall consider the factors 102
set out in subsection 2 of this section and the individuals 103
set forth in subsection 1 of this section shall have a right 104
to be present and present evidence. The court may amend its 105
earlier order in light of the evidence and arguments 106
presented at the hearing if the court finds that it would 107
not be in the best interest of justice for the juvenile to 108
remain in a secure juvenile detention facility. 109
8. Issues related to the setting of, and posting of, 110
bond along with any bond forfeiture proceedings shall be 111
held in the pretrial-certified juvenile's adult criminal 112
case. 113
9. Upon attaining eighteen years of age or upon 114
conviction on the adult charges, the juvenile shall be 115
transferred from juvenile detention to the appropriate adult 116
facility. 117
10. Any responsibility for transportation of and 118
contracted service for the certified juvenile who remains in 119
a secure juvenile detention facility shall be handled by 120
county jail staff in the same manner as in all other adult 121
criminal cases where the defendant is in custody. 122
11. The county jail staff shall designate a liaison 123
assigned to each pretrial-certified juvenile while housed in 124
a juvenile detention facility, who shall assist in 125
communication with the juvenile detention facility on the 126
needs of the juvenile including, but not limited to, 127 SB 143 55
visitation, legal case status, medical and mental health 128
needs, and phone contact. 129
12. The per diem provisions as set forth in section 130
211.156 shall apply to certified juveniles who are being 131
held in a secure juvenile detention facility. 132
217.451. 1. Correctional centers shall provide 1
offenders with reasonable access to phone services during an 2
offender's term of confinement; provided that, phone access 3
may be restricted as a disciplinary measure. 4
2. No correctional center or other party shall charge 5
an offender in a correctional center a total amount for a 6
domestic phone call, including fees and any per-minute rate, 7
that exceeds the equivalent of twelve cents per minute. 8
219.021. 1. Except as provided in subsections 2 and 3 1
of this section, any child may be committed to the custody 2
of the division when the juvenile court determines a 3
suitable community-based treatment service does not exist, 4
or has proven ineffective; and when the child is adjudicated 5
pursuant to the provisions of subdivision (3) of subsection 6
1 of section 211.031 or when the child is adjudicated 7
pursuant to subdivision (2) of subsection 1 of section 8
211.031 and is currently under court supervision for 9
adjudication under subdivision (2) or (3) of subsection 1 of 10
section 211.031. The division shall not keep any youth 11
beyond his [eighteenth birth date] or her nineteenth 12
birthday, except upon petition and a showing of just cause 13
in which case the division may maintain custody until the 14
youth's twenty-first birth date. Notwithstanding any other 15
provision of law to the contrary, the committing court shall 16
review the treatment plan to be provided by the division. 17
The division shall notify the court of original jurisdiction 18
from which the child was committed at least three weeks 19 SB 143 56
prior to the child's release to aftercare supervision. The 20
notification shall include a summary of the treatment plan 21
and progress of the child that has resulted in the planned 22
release. The court may formally object to the director of 23
the division in writing, stating its reasons in opposition 24
to the release. The director shall review the court's 25
objection in consideration of its final approval for 26
release. The court's written objection shall be made within 27
a one-week period after it receives notification of the 28
division's planned release; otherwise the division may 29
assume court agreement with the release. The division 30
director's written response to the court shall occur within 31
five working days of service of the court's objection and 32
preferably prior to the release of the child. The division 33
shall not place a child directly into a precare setting 34
immediately upon commitment from the court until it advises 35
the court of such placement. 36
2. No child who has been diagnosed as having a mental 37
disease or a communicable or contagious disease shall be 38
committed to the division; except the division may, by 39
regulation, when services for the proper care and treatment 40
of persons having such diseases are available at any of the 41
facilities under its control, authorize the commitment of 42
children having such diseases to it for treatment in such 43
institution. Notice of any such regulation shall be 44
promptly mailed to the judges and juvenile officers of all 45
courts having jurisdiction of cases involving children. 46
3. When a child has been committed to the division, 47
the division shall forthwith examine the individual and 48
investigate all pertinent circumstances of his background 49
for the purpose of facilitating the placement and treatment 50
of the child in the most appropriate program or residential 51 SB 143 57
facility to assure the public safety and the rehabilitation 52
of the child; except that, no child committed under the 53
provisions of subdivision (2) of subsection 1 of section 54
211.031 may be placed in the residential facilities 55
designated by the division as a maximum security facility, 56
unless the juvenile is subsequently adjudicated under 57
subdivision (3) of subsection 1 of section 211.031. 58
4. The division may transfer any child under its 59
jurisdiction to any other institution for children if, after 60
careful study of the child's needs, it is the judgment of 61
the division that the transfer should be effected. If the 62
division determines that the child requires treatment by 63
another state agency, it may transfer the physical custody 64
of the child to that agency, and that agency shall accept 65
the child if the services are available by that agency. 66
5. The division shall make periodic reexaminations of 67
all children committed to its custody for the purpose of 68
determining whether existing dispositions should be modified 69
or continued. Reexamination shall include a study of all 70
current circumstances of such child's personal and family 71
situation and an evaluation of the progress made by such 72
child since the previous study. Reexamination shall be 73
conducted as frequently as the division deems necessary, but 74
in any event, with respect to each such child, at intervals 75
not to exceed six months. Reports of the results of such 76
examinations shall be sent to the child's committing court 77
and to his parents or guardian. 78
6. Failure of the division to examine a child 79
committed to it or to reexamine him within six months of a 80
previous examination shall not of itself entitle the child 81
to be discharged from the custody of the division but shall 82
entitle the child, his parent, guardian, or agency to which 83 SB 143 58
the child may be placed by the division to petition for 84
review as provided in section 219.051. 85
7. The division is hereby authorized to establish, 86
build, repair, maintain, and operate, from funds 87
appropriated or approved by the legislature for these 88
purposes, facilities and programs necessary to implement the 89
provisions of this chapter. Such facilities or programs may 90
include, but not be limited to, the establishment and 91
operation of training schools, maximum security facilities, 92
moderate care facilities, group homes, day treatment 93
programs, family foster homes, aftercare, counseling 94
services, educational services, and such other services as 95
may be required to meet the needs of children committed to 96
it. The division may terminate any facility or program no 97
longer needed to meet the needs of children. 98
8. The division may institute day release programs for 99
children committed to it. The division may arrange with 100
local schools, public or private agencies, or persons 101
approved by the division for the release of children 102
committed to the division on a daily basis to the custody of 103
such schools, agencies, or persons for participation in 104
programs. 105
9. The division shall make all reasonable efforts to 106
ensure that any outstanding judgment entered in accordance 107
with section 211.185 or any outstanding assessments ordered 108
in accordance with section 211.181 be paid while a child is 109
in the care, custody or control of the division. 110
221.044. No person under the age of eighteen years, 1
except those transferred to the court of general 2
jurisdiction under the provisions of section 211.071, shall 3
be detained in a jail or other adult detention facility as 4
that term is defined in section 211.151. [A traffic court 5 SB 143 59
judge may request the juvenile court to order the commitment 6
of a person under the age of eighteen to a juvenile 7
detention facility.] If a person is eighteen years of age or 8
older or attains the age of eighteen while in detention, 9
upon a motion filed by the juvenile officer, the court may 10
order that the person be detained in a jail or other adult 11
detention facility as that term is defined in section 12
211.151 until the disposition of that person's juvenile 13
court case. 14
221.108. 1. Jails shall provide inmates with 1
reasonable access to phone services during an inmate's term 2
of confinement; provided that, phone access may be 3
restricted as a disciplinary measure. 4
2. No jail or other party shall charge an inmate in a 5
jail a total amount for a domestic phone call, including 6
fees and any per-minute rate, that exceeds the equivalent of 7
twelve cents per minute. 8
221.400. 1. Any two or more contiguous counties 1
within the state may form an agreement to establish a 2
regional jail district. The district shall have a boundary 3
which includes the areas within each member county, and it 4
shall be named the "______ Regional Jail District". Such 5
regional jail districts may contract to carry out the 6
mission of the commission and the regional jail district. 7
2. The county commission of each county desiring to 8
join the district shall approve an ordinance, order, or 9
resolution to join the district and shall approve the 10
agreement which specifies the duties of each county within 11
the district. 12
3. If any county wishes to join a district which has 13
already been established under this section, the agreement 14
shall be rewritten and reapproved by each member county. If 15 SB 143 60
the district already levies a sales tax pursuant to section 16
221.407, the county desiring to join shall have approved the 17
levy of the district sales tax in the county pursuant to 18
subsection 3 of section 221.407, and the rewritten agreement 19
shall be provided. 20
4. The agreement which specifies the duties of each 21
county shall contain the following: 22
(1) The name of the district; 23
(2) The names of the counties within the district; 24
(3) The formula for calculating each county's 25
contribution to the costs of the district; 26
(4) The types of prisoners which the regional jail may 27
house, limited to prisoners which may be transferred to 28
counties under state law; 29
(5) The methods and powers which may be used for 30
constructing, leasing or financing a regional jail; 31
(6) The duties of the director of the regional jail; 32
(7) The timing and procedures for approval of the 33
regional jail district's annual budget by the regional jail 34
commission; and 35
(8) The delegation, if any, by the member counties to 36
the regional jail district of the power of eminent domain. 37
5. Any county, city, town or village may contract with 38
a regional jail commission for the holding of its prisoners. 39
221.402. In addition to the powers granted to the 1
district by its member counties under the agreement, the 2
district has all the powers necessary or appropriate to 3
carry out its purposes, including, but not limited to, the 4
following: 5
(1) To adopt bylaws and rules for the regulation of 6
its affairs and the conduct of its business; 7
(2) To adopt an official seal; 8 SB 143 61
(3) To maintain an office at such place or places in 9
one or more of the member counties as the commission may 10
designate; 11
(4) To sue and be sued; 12
(5) To make and execute leases, contracts, releases, 13
compromises and other instruments necessary or convenient 14
for the exercise of its powers or to carry out its purposes; 15
(6) To acquire, construct, reconstruct, repair, alter, 16
improve, [and] equip, extend, and maintain jail facilities; 17
(7) To sell, lease, assign, mortgage, grant a security 18
interest in, exchange, donate and convey any or all of its 19
properties whenever the commission finds such action to be 20
in furtherance of the district's purposes; 21
(8) To collect rentals, fees and other charges in 22
connection with its services or for the use of any 23
facilities; 24
(9) To issue its bonds, notes or other obligations for 25
any of its corporate purposes and to refund the same. 26
221.405. 1. Any regional jail district created 1
pursuant to section 221.400 shall be governed by a 2
commission. The commission shall be composed of the sheriff 3
and presiding commissioner from each county within the 4
district. 5
2. Each commissioner shall serve during his tenure as 6
sheriff or as presiding commissioner. 7
3. Commissioners shall serve until their successors in 8
their county offices have [been duly appointed] assumed 9
office. Vacancies on the commission shall be filled by the 10
succeeding sheriff or presiding commissioner for the 11
remainder of the term. 12
4. Commissioners shall serve without compensation, 13
except that they shall be reimbursed by the district for 14 SB 143 62
their reasonable and necessary expenses in the performance 15
of their duties. 16
5. A jail commissioner from each county in the 17
district shall present a proposed budget to the county 18
commission. 19
221.407. 1. The commission of any regional jail 1
district may impose, by order, a sales tax in the amount of 2
[one-eighth of] up to one percent[, one-fourth of one 3
percent, three-eighths of one percent, or one-half of one 4
percent] on all retail sales made in such region which are 5
subject to taxation pursuant to the provisions of sections 6
144.010 to 144.525 for the purpose of providing jail 7
services [and court], facilities, and equipment for such 8
region. The tax authorized by this section shall be in 9
addition to any and all other sales taxes allowed by law, 10
except that no order imposing a sales tax pursuant to this 11
section shall be effective unless the commission submits to 12
the voters of the district, on any election date authorized 13
in chapter 115, a proposal to authorize the commission to 14
impose a tax. 15
2. The ballot of submission shall contain, but need 16
not be limited to, the following language: 17
18
19
20
21
22
Shall the ______________ (District name) regional
jail district [of ______ (counties' names)] impose
a region-wide sales tax of ______ (insert amount)
for the purpose of providing jail services [and
court], facilities, and equipment for the region?
23 â–¡ YES â–¡ NO
24
25
26
27
If you are in favor of the question, place an "X"
in the box opposite "YES". If you are opposed to
the question, place an "X" in the box opposite
"NO".
SB 143 63
If a majority of the votes cast on the proposal by the 28
qualified voters of the district voting thereon are in favor 29
of the proposal, then the order and any amendment to such 30
order shall be in effect on the first day of the second 31
quarter immediately following the election approving the 32
proposal. If the proposal receives less than the required 33
majority, the commission shall have no power to impose the 34
sales tax authorized pursuant to this section unless and 35
until the commission shall again have submitted another 36
proposal to authorize the commission to impose the sales tax 37
authorized by this section and such proposal is approved by 38
the [required] majority of the qualified voters of the 39
district voting on such proposal[; however, in no event 40
shall a proposal pursuant to this section be submitted to 41
the voters sooner than twelve months from the date of the 42
last submission of a proposal pursuant to this section]. 43
3. In the case of a county attempting to join an 44
existing district that levies a sales tax pursuant to 45
subsection 1 of this section, such joining with the district 46
shall not become effective until the approval of the voters 47
to levy the district sales tax in the county attempting to 48
join the district has been obtained. The election shall be 49
called by the county commission of the county attempting to 50
join the district, and the district shall by ordinance or 51
order provide that the sales tax shall be levied in the 52
joining county, subject to approval of the county voters as 53
herein provided. The ballot of submission shall contain, 54
but need not be limited to, the following language: 55
56
57
58
Shall the ______________ (District name) extend
its regional jail district sales tax of __________
(insert amount) to the boundaries of ________
SB 143 64
If a majority of the votes cast on the proposal by the 67
qualified voters of the county attempting to join the 68
district voting thereon are in favor of the proposal, then 69
the tax shall be in effect on the first day of the second 70
quarter immediately following the election approving the 71
proposal, the county shall have been deemed to have joined 72
the district pursuant to a rewritten agreement as provided 73
in subsection 3 of section 221.400, and the order of the 74
commission levying the tax shall also become effective as to 75
the joining county on said date. If the proposal receives 76
less than the required majority, the district shall have no 77
power to impose the sales tax authorized pursuant to this 78
section, and the county attempting to join the district 79
shall not be permitted to do so, unless and until the county 80
commission of the county attempting to join the district 81
shall again have submitted another proposal to authorize the 82
imposition of the sales tax authorized by this section and 83
such proposal is approved by the majority of the qualified 84
voters of the county attempting to join the district voting 85
on such proposal. 86
4. All revenue received by a district from the tax 87
authorized pursuant to this section shall be deposited in a 88
special trust fund and shall be used solely for providing 89
59
60
61
(name of joining county) for the purpose of
providing jail services, facilities, and equipment
for the region?
62 â–¡ YES â–¡ NO
63
64
65
66
If you are in favor of the question, place an "X"
in the box opposite "YES". If you are opposed to
the question, place an "X" in the box opposite
"NO".
SB 143 65
jail services [and court], facilities and equipment for such 90
district for so long as the tax shall remain in effect. 91
[4.] 5. Once the tax authorized by this section is 92
abolished or terminated by any means, all funds remaining in 93
the special trust fund shall be used solely for providing 94
jail services [and court], facilities and equipment for the 95
district. Any funds in such special trust fund which are 96
not needed for current expenditures may be invested by the 97
commission in accordance with applicable laws relating to 98
the investment of other county funds. 99
[5.] 6. All sales taxes collected by the director of 100
revenue pursuant to this section on behalf of any district, 101
less one percent for cost of collection which shall be 102
deposited in the state's general revenue fund after payment 103
of premiums for surety bonds as provided in section 32.087, 104
shall be deposited in a special trust fund, which is hereby 105
created, to be known as the "Regional Jail District Sales 106
Tax Trust Fund". The moneys in the regional jail district 107
sales tax trust fund shall not be deemed to be state funds 108
and shall not be commingled with any funds of the state. 109
The director of revenue shall keep accurate records of the 110
amount of money in the trust fund which was collected in 111
each district imposing a sales tax pursuant to this section, 112
and the records shall be open to the inspection of officers 113
of each member county and the public. Not later than the 114
tenth day of each month the director of revenue shall 115
distribute all moneys deposited in the trust fund during the 116
preceding month to the district which levied the tax. Such 117
funds shall be deposited with the treasurer of each such 118
district, and all expenditures of funds arising from the 119
regional jail district sales tax trust fund shall be paid 120
pursuant to an appropriation adopted by the commission and 121 SB 143 66
shall be approved by the commission. Expenditures may be 122
made from the fund for any [function authorized in the order 123
adopted by the commission submitting the regional jail 124
district tax to the voters] of the district's authorized 125
purposes. 126
[6.] 7. The director of revenue may make refunds from 127
the amounts in the trust fund and credited to any district 128
for erroneous payments and overpayments made, and may redeem 129
dishonored checks and drafts deposited to the credit of such 130
districts. If any district abolishes the tax, the 131
commission shall notify the director of revenue of the 132
action at least ninety days prior to the effective date of 133
the repeal, and the director of revenue may order retention 134
in the trust fund, for a period of one year, of two percent 135
of the amount collected after receipt of such notice to 136
cover possible refunds or overpayment of the tax and to 137
redeem dishonored checks and drafts deposited to the credit 138
of such accounts. After one year has elapsed after the 139
effective date of abolition of the tax in such district, the 140
director of revenue shall remit the balance in the account 141
to the district and close the account of that district. The 142
director of revenue shall notify each district in each 143
instance of any amount refunded or any check redeemed from 144
receipts due the district. 145
[7.] 8. Except as provided in this section, all 146
provisions of sections 32.085 and 32.087 shall apply to the 147
tax imposed pursuant to this section. 148
[8. The provisions of this section shall expire 149
September 30, 2028.] 150
221.410. Except as provided in sections 221.400 to 1
221.420 the regional jail commission shall have the 2
following powers and duties: 3 SB 143 67
(1) It shall implement the agreement approved by the 4
counties within the district under section 221.400; 5
(2) It shall determine the means to establish a 6
regional jail for the district; 7
(3) It shall appoint a director for the regional jail; 8
(4) It shall determine the initial budget for the 9
regional jail and shall approve, after a review and a 10
majority of the commissioners concurring therein, all 11
subsequent budgets, for which proposals may be submitted by 12
the director; 13
(5) It may determine the policies for the housing of 14
prisoners within the regional jail; 15
(6) It may buy, lease or sell real or personal 16
property for the purpose of establishing and maintaining a 17
regional jail, and it may contract with public or private 18
entities [for the planning and acquisition of a] to acquire, 19
construct, reconstruct, repair, alter, improve, equip, and 20
extend a regional jail; 21
(7) It may contract with [the department of 22
corrections and with cities and other counties in this 23
state] governmental entities, including, without limitation, 24
agencies and instrumentalities thereof, or private entities 25
for the housing of prisoners; 26
(8) It shall approve all positions to be created for 27
the purpose of administering the regional jail; and 28
(9) It shall approve a location for the regional jail 29
which is [generally central to] within the district. 30
221.523. 1. By January 1, 2026, all county and city 1
jails shall develop specific procedures for the intake and 2
care of pregnant women, which shall include procedures 3
regarding: 4
(1) Maternal health evaluations; 5 SB 143 68
(2) Dietary supplements, including prenatal vitamins; 6
(3) Timely and regular nutritious meals, which shall 7
include, at minimum, two thousand five hundred calories 8
total per day; 9
(4) Substance abuse treatment; 10
(5) Treatment for the human immunodeficiency virus and 11
ways to avoid human immunodeficiency virus transmission; 12
(6) Hepatitis C; 13
(7) Sleeping arrangements for such offenders, 14
including requiring such offenders to sleep on the bottom 15
bunk bed; 16
(8) Access to mental health professionals; 17
(9) Sanitary materials; and 18
(10) Postpartum recovery, including that no such woman 19
shall be placed in isolation during such recovery. 20
2. As used in this section, the following terms shall 21
mean: 22
(1) "Postpartum recovery", as determined by a 23
physician, the period immediately following delivery, 24
including the entire period an offender who was pregnant is 25
in the hospital or infirmary after delivery; 26
(2) "Pregnant woman", a pregnant woman in the custody 27
of a county or city jail. 28
287.243. 1. This section shall be known and may be 1
cited as the "Line of Duty Compensation Act". 2
2. As used in this section, unless otherwise provided, 3
the following words shall mean: 4
(1) "Air ambulance pilot", a person certified as an 5
air ambulance pilot in accordance with sections 190.001 to 6
190.245 and corresponding regulations applicable to air 7
ambulances adopted by the department of health and senior 8
services; 9 SB 143 69
(2) "Air ambulance registered professional nurse", a 10
person licensed as a registered professional nurse in 11
accordance with sections 335.011 to 335.096 and 12
corresponding regulations adopted by the state board of 13
nursing, 20 CSR 2200-4, et seq., who provides registered 14
professional nursing services as a flight nurse in 15
conjunction with an air ambulance program that is certified 16
in accordance with sections 190.001 to 190.245 and the 17
corresponding regulations applicable to such programs; 18
(3) "Air ambulance registered respiratory therapist", 19
a person licensed as a registered respiratory therapist in 20
accordance with sections 334.800 to 334.930 and 21
corresponding regulations adopted by the state board for 22
respiratory care, who provides respiratory therapy services 23
in conjunction with an air ambulance program that is 24
certified in accordance with sections 190.001 to 190.245 and 25
corresponding regulations applicable to such programs; 26
(4) "Child", any natural, illegitimate, adopted, or 27
posthumous child or stepchild of a deceased public safety 28
officer who, at the time of the public safety officer's 29
fatality is: 30
(a) Eighteen years of age or under; 31
(b) Over eighteen years of age and a student, as 32
defined in 5 U.S.C. Section 8101; or 33
(c) Over eighteen years of age and incapable of self- 34
support because of physical or mental disability; 35
(5) "Emergency medical technician", a person licensed 36
in emergency medical care in accordance with standards 37
prescribed by sections 190.001 to 190.245 and by rules 38
adopted by the department of health and senior services 39
under sections 190.001 to 190.245; 40 SB 143 70
(6) "Firefighter", any person, including a volunteer 41
firefighter, employed by the state or a local governmental 42
entity as an employer defined under subsection 1 of section 43
287.030, or otherwise serving as a member or officer of a 44
fire department either for the purpose of the prevention or 45
control of fire or the underwater recovery of drowning 46
victims; 47
(7) "Flight crew member", an individual engaged in 48
flight responsibilities with an air ambulance licensed in 49
accordance with sections 190.001 to 190.245 and 50
corresponding regulations applicable to such programs; 51
(8) "Killed in the line of duty", when any person 52
defined in this section loses his or her life when: 53
(a) Death is caused by an accident or the willful act 54
of violence of another; 55
(b) The public safety officer is in the active 56
performance of his or her duties in his or her respective 57
profession and there is a relationship between the accident 58
or commission of the act of violence and the performance of 59
the duty, even if the individual is off duty; the public 60
safety officer is traveling to or from employment; or the 61
public safety officer is taking any meal break or other 62
break which takes place while that individual is on duty; 63
(c) Death is the natural and probable consequence of 64
the injury; and 65
(d) Death occurs within three hundred weeks from the 66
date the injury was received. 67
The term excludes death resulting from the willful 68
misconduct or intoxication of the public safety officer. 69
The division of workers' compensation shall have the burden 70
of proving such willful misconduct or intoxication; 71 SB 143 71
(9) "Law enforcement officer", any person employed by 72
the state or a local governmental entity as a police 73
officer, peace officer certified under chapter 590, or 74
serving as an auxiliary police officer or in some like 75
position involving the enforcement of the law and protection 76
of the public interest at the risk of that person's life; 77
(10) "Local governmental entity", includes counties, 78
municipalities, townships, board or other political 79
subdivision, cities under special charter, or under the 80
commission form of government, fire protection districts, 81
ambulance districts, and municipal corporations; 82
(11) "Public safety officer", any law enforcement 83
officer, firefighter, uniformed employee of the office of 84
the state fire marshal, emergency medical technician, police 85
officer, capitol police officer, parole officer, probation 86
officer, state correctional employee, water safety officer, 87
park ranger, conservation officer, or highway patrolman 88
employed by the state of Missouri or a political subdivision 89
thereof who is killed in the line of duty or any emergency 90
medical technician, air ambulance pilot, air ambulance 91
registered professional nurse, air ambulance registered 92
respiratory therapist, or flight crew member who is killed 93
in the line of duty; 94
(12) "State", the state of Missouri and its 95
departments, divisions, boards, bureaus, commissions, 96
authorities, and colleges and universities; 97
(13) "Volunteer firefighter", a person having 98
principal employment other than as a firefighter, but who is 99
carried on the rolls of a regularly constituted fire 100
department either for the purpose of the prevention or 101
control of fire or the underwater recovery of drowning 102
victims, the members of which are under the jurisdiction of 103 SB 143 72
the corporate authorities of a city, village, incorporated 104
town, or fire protection district. Volunteer firefighter 105
shall not mean an individual who volunteers assistance 106
without being regularly enrolled as a firefighter. 107
3. (1) A claim for compensation under this section 108
shall be filed by survivors of the deceased with the 109
division of workers' compensation not later than one year 110
from the date of death of a public safety officer. If a 111
claim is made within one year of the date of death of a 112
public safety officer killed in the line of duty, 113
compensation shall be paid, if the division finds that the 114
claimant is entitled to compensation under this section. 115
(2) The amount of compensation paid to the claimant 116
shall be twenty-five thousand dollars, subject to 117
appropriation, for death occurring on or after June 19, 118
2009, but before August 28, 2025. 119
(3) The amount of compensation paid to the claimant 120
shall be one hundred thousand dollars, subject to 121
appropriation, for death occurring on or after the effective 122
date of this section. The amount of compensation paid, 123
subject to the modifications under subdivision (4) of this 124
subsection, shall be determined as the amount in effect as 125
of the date of death of the public safety officer. 126
(4) Beginning with the 2026 calendar year, the amount 127
of compensation paid as identified under subdivision (3) of 128
this subsection shall be adjusted annually by the percent 129
increase in the Consumer Price Index for All Urban 130
Consumers, or its successor index, as such index is defined 131
and officially reported by the United States Department of 132
Labor, or its successor agency. Such annual adjustment 133
under this subdivision, however, shall not decrease the 134
amount of compensation paid to an amount less than one 135 SB 143 73
hundred thousand dollars. The department of labor and 136
industrial relations shall annually publish such adjusted 137
amount. The modification shall take effect on January first 138
of each calendar year and shall apply to all calendar years 139
beginning on or after the effective date of the adjusted 140
compensation amount, until the next modification occurs. 141
4. Any compensation awarded under the provisions of 142
this section shall be distributed as follows: 143
(1) To the surviving spouse of the public safety 144
officer if there is no child who survived the public safety 145
officer; 146
(2) Fifty percent to the surviving child, or children, 147
in equal shares, and fifty percent to the surviving spouse 148
if there is at least one child who survived the public 149
safety officer, and a surviving spouse of the public safety 150
officer; 151
(3) To the surviving child, or children, in equal 152
shares, if there is no surviving spouse of the public safety 153
officer; 154
(4) If there is no surviving spouse of the public 155
safety officer and no surviving child: 156
(a) To the surviving individual, or individuals, in 157
shares per the designation or, otherwise, in equal shares, 158
designated by the public safety officer to receive benefits 159
under this subsection in the most recently executed 160
designation of beneficiary of the public safety officer on 161
file at the time of death with the public safety agency, 162
organization, or unit; or 163
(b) To the surviving individual, or individuals, in 164
equal shares, designated by the public safety officer to 165
receive benefits under the most recently executed life 166
insurance policy of the public safety officer on file at the 167 SB 143 74
time of death with the public safety agency, organization, 168
or unit if there is no individual qualifying under paragraph 169
(a) of this subdivision; 170
(5) To the surviving parent, or parents, in equal 171
shares, of the public safety officer if there is no 172
individual qualifying under subdivision (1), (2), (3), or 173
(4) of this subsection; or 174
(6) To the surviving individual, or individuals, in 175
equal shares, who would qualify under the definition of the 176
term "child" but for age if there is no individual 177
qualifying under subdivision (1), (2), (3), (4), or (5) of 178
this subsection. 179
5. Notwithstanding subsection 3 of this section, no 180
compensation is payable under this section unless a claim is 181
filed within the time specified under this section setting 182
forth: 183
(1) The name, address, and title or designation of the 184
position in which the public safety officer was serving at 185
the time of his or her death; 186
(2) The name and address of the claimant; 187
(3) A full, factual account of the circumstances 188
resulting in or the course of events causing the death at 189
issue; and 190
(4) Such other information that is reasonably required 191
by the division. 192
When a claim is filed, the division of workers' compensation 193
shall make an investigation for substantiation of matters 194
set forth in the application. 195
6. The compensation provided for under this section is 196
in addition to, and not exclusive of, any pension rights, 197 SB 143 75
death benefits, or other compensation the claimant may 198
otherwise be entitled to by law. 199
7. Neither employers nor workers' compensation 200
insurers shall have subrogation rights against any 201
compensation awarded for claims under this section. Such 202
compensation shall not be assignable, shall be exempt from 203
attachment, garnishment, and execution, and shall not be 204
subject to setoff or counterclaim, or be in any way liable 205
for any debt, except that the division or commission may 206
allow as lien on the compensation, reasonable attorney's 207
fees for services in connection with the proceedings for 208
compensation if the services are found to be necessary. 209
Such fees are subject to regulation as set forth in section 210
287.260. 211
8. Any person seeking compensation under this section 212
who is aggrieved by the decision of the division of workers' 213
compensation regarding his or her compensation claim, may 214
make application for a hearing as provided in section 215
287.450. The procedures applicable to the processing of 216
such hearings and determinations shall be those established 217
by this chapter. Decisions of the administrative law judge 218
under this section shall be binding, subject to review by 219
either party under the provisions of section 287.480. 220
9. Pursuant to section 23.253 of the Missouri sunset 221
act: 222
(1) The provisions of the new program authorized under 223
this section shall be reauthorized as of August 28, 2025, 224
and shall automatically sunset [six years after June 19, 225
2019] on December 31, 2031, unless reauthorized by an act of 226
the general assembly; and 227
(2) If such program is reauthorized, the program 228
authorized under this section shall automatically sunset 229 SB 143 76
twelve years after the effective date of the reauthorization 230
of this section; and 231
(3) This section shall terminate on September first of 232
the calendar year immediately following the calendar year in 233
which the program authorized under this section is sunset. 234
10. The provisions of this section, unless specified, 235
shall not be subject to other provisions of this chapter. 236
11. There is hereby created in the state treasury the 237
"Line of Duty Compensation Fund", which shall consist of 238
moneys appropriated to the fund and any voluntary 239
contributions, gifts, or bequests to the fund. The state 240
treasurer shall be custodian of the fund and shall approve 241
disbursements from the fund in accordance with sections 242
30.170 and 30.180. Upon appropriation, money in the fund 243
shall be used solely for paying claims under this section. 244
Notwithstanding the provisions of section 33.080 to the 245
contrary, any moneys remaining in the fund at the end of the 246
biennium shall not revert to the credit of the general 247
revenue fund. The state treasurer shall invest moneys in 248
the fund in the same manner as other funds are invested. 249
Any interest and moneys earned on such investments shall be 250
credited to the fund. 251
12. The division shall promulgate rules to administer 252
this section, including but not limited to the appointment 253
of claims to multiple claimants, record retention, and 254
procedures for information requests. Any rule or portion of 255
a rule, as that term is defined in section 536.010, that is 256
created under the authority delegated in this section shall 257
become effective only if it complies with and is subject to 258
all of the provisions of chapter 536 and, if applicable, 259
section 536.028. This section and chapter 536 are 260
nonseverable and if any of the powers vested with the 261 SB 143 77
general assembly under chapter 536 to review, to delay the 262
effective date, or to disapprove and annul a rule are 263
subsequently held unconstitutional, then the grant of 264
rulemaking authority and any rule proposed or adopted after 265
June 19, 2009, shall be invalid and void. 266
292.606. 1. Fees shall be collected for a period of 1
six years from August 28, [2018] 2025. 2
2. (1) Any employer required to report under 3
subsection 1 of section 292.605, except local governments 4
and family-owned farm operations, shall submit an annual fee 5
to the commission of one hundred dollars along with the Tier 6
II form. Owners or operators of petroleum retail facilities 7
shall pay a fee of no more than fifty dollars for each such 8
facility. Any person, firm or corporation selling, 9
delivering or transporting petroleum or petroleum products 10
and whose primary business deals with petroleum products or 11
who is covered by the provisions of chapter 323, if such 12
person, firm or corporation is paying fees under the 13
provisions of the federal hazardous materials transportation 14
registration and fee assessment program, shall deduct such 15
federal fees from those fees owed to the state under the 16
provisions of this subsection. If the federal fees exceed 17
or are equal to what would otherwise be owed under this 18
subsection, such employer shall not be liable for state fees 19
under this subsection. In relation to petroleum products 20
"primary business" shall mean that the person, firm or 21
corporation shall earn more than fifty percent of hazardous 22
chemical revenues from the sale, delivery or transport of 23
petroleum products. For the purpose of calculating fees, 24
all grades of gasoline are considered to be one product, all 25
grades of heating oils, diesel fuels, kerosenes, naphthas, 26
aviation turbine fuel, and all other heavy distillate 27 SB 143 78
products except for grades of gasoline are considered to be 28
one product, and all varieties of motor lubricating oil are 29
considered to be one product. For the purposes of this 30
section "facility" shall mean all buildings, equipment, 31
structures and other stationary items that are located on a 32
single site or on contiguous or adjacent sites and which are 33
owned or operated by the same person. If more than three 34
hazardous substances or mixtures are reported on the Tier II 35
form, the employer shall submit an additional twenty-dollar 36
fee for each hazardous substance or mixture. Fees collected 37
under this subdivision shall be for each hazardous chemical 38
on hand at any one time in excess of ten thousand pounds or 39
for extremely hazardous substances on hand at any one time 40
in excess of five hundred pounds or the threshold planning 41
quantity, whichever is less, or for explosives or blasting 42
agents on hand at any one time in excess of one hundred 43
pounds. However, no employer shall pay more than ten 44
thousand dollars per year in fees. Moneys acquired through 45
litigation and any administrative fees paid pursuant to 46
subsection 3 of this section shall not be applied toward 47
this cap. 48
(2) Employers engaged in transporting hazardous 49
materials by pipeline except local gas distribution 50
companies regulated by the Missouri public service 51
commission shall pay to the commission a fee of two hundred 52
fifty dollars for each county in which they operate. 53
(3) Payment of fees is due each year by March first. 54
A late fee of ten percent of the total owed, plus one 55
percent per month of the total, may be assessed by the 56
commission. 57
(4) If, on March first of each year, fees collected 58
under this section and natural resources damages made 59 SB 143 79
available pursuant to section 640.235 exceed one million 60
dollars, any excess over one million dollars shall be 61
proportionately credited to fees payable in the succeeding 62
year by each employer who was required to pay a fee and who 63
did pay a fee in the year in which the excess occurred. The 64
limit of one million dollars contained herein shall be 65
reviewed by the commission concurrent with the review of 66
fees as required in subsection 1 of this section. 67
3. Beginning January 1, 2013, any employer filing its 68
Tier II form pursuant to subsection 1 of section 292.605 may 69
request that the commission distribute that employer's Tier 70
II report to the local emergency planning committees and 71
fire departments listed in its Tier II report. Any employer 72
opting to have the commission distribute its Tier II report 73
shall pay an additional fee of ten dollars for each facility 74
listed in the report at the time of filing to recoup the 75
commission's distribution costs. Fees shall be deposited in 76
the chemical emergency preparedness fund established under 77
section 292.607. An employer who pays the additional fee 78
and whose Tier II report includes all local emergency 79
planning committees and fire departments required to be 80
notified under subsection 1 of section 292.605 shall satisfy 81
the reporting requirements of subsection 1 of section 82
292.605. The commission shall develop a mechanism for an 83
employer to exercise its option to have the commission 84
distribute its Tier II report. 85
4. Local emergency planning committees receiving funds 86
under section 292.604 shall coordinate with the commission 87
and the department in chemical emergency planning, training, 88
preparedness, and response activities. Local emergency 89
planning committees receiving funds under this section, 90
section 260.394, sections 292.602, 292.604, 292.605, 292.615 91 SB 143 80
and section 640.235 shall provide to the commission an 92
annual report of expenditures and activities. 93
5. Fees collected by the department and all funds 94
provided to local emergency planning committees shall be 95
used for chemical emergency preparedness purposes as 96
outlined in sections 292.600 to 292.625 and the federal act, 97
including contingency planning for chemical releases; 98
exercising, evaluating, and distributing plans, providing 99
training related to chemical emergency preparedness and 100
prevention of chemical accidents; identifying facilities 101
required to report; processing the information submitted by 102
facilities and making it available to the public; receiving 103
and handling emergency notifications of chemical releases; 104
operating a local emergency planning committee; and 105
providing public notice of chemical preparedness 106
activities. Local emergency planning committees receiving 107
funds under this section may combine such funds with other 108
local emergency planning committees to further the purposes 109
of sections 292.600 to 292.625, or the federal act. 110
6. The commission shall establish criteria and 111
guidance on how funds received by local emergency planning 112
committees may be used. 113
301.260. 1. The director of revenue shall issue 1
certificates for all cars owned by the state of Missouri and 2
shall assign to each of such cars two plates bearing the 3
words: "State of Missouri, official car number ______" (with 4
the number inserted thereon), which plates shall be 5
displayed on such cars when they are being used on the 6
highways. No officer or employee or other person shall use 7
such a motor vehicle for other than official use. 8
2. (1) Motor vehicles used as ambulances, patrol 9
wagons and fire apparatus, owned by any municipality of this 10 SB 143 81
state, shall be exempt from all of the provisions of 11
sections 301.010 to 301.440 while being operated within the 12
limits of such municipality, but the municipality may 13
regulate the speed and use of such motor vehicles owned by 14
them; and all other motor vehicles owned by municipalities, 15
counties and other political subdivisions of the state shall 16
be exempt from the provisions of sections 301.010 to 301.440 17
requiring registration, proof of ownership and display of 18
number plates; provided, however, that there shall be a 19
plate, or, on each side of such motor vehicle, letters not 20
less than three inches in height with a stroke of not less 21
than three-eighths of an inch wide, to display the name of 22
such municipality, county or political subdivision, the 23
department thereof, and a distinguishing number. Provided, 24
further, that when any motor vehicle is owned and operated 25
exclusively by any school district and used solely for 26
transportation of school children, the commissioner shall 27
assign to each of such motor vehicles two plates bearing the 28
words "School Bus, State of Missouri, car no. ______" (with 29
the number inserted thereon), which plates shall be 30
displayed on such motor vehicles when they are being used on 31
the highways. No officer, or employee of the municipality, 32
county or subdivision, or any other person shall operate 33
such a motor vehicle unless the same is marked as herein 34
provided, and no officer, employee or other person shall use 35
such a motor vehicle for other than official purposes. 36
(2) Prior to operation of a vehicle under this 37
subsection, the political subdivision owning the vehicle 38
shall submit to the department of revenue a description of 39
the information to be displayed on the vehicle for purposes 40
of complying with this subsection, a description of the 41
configuration and content of any plate or plates to be 42 SB 143 82
displayed on the vehicle, and the vehicle identification 43
number of the vehicle. No vehicle owned by a political 44
subdivision shall be operated under this subsection except 45
in accordance with an accurate submission made to, and 46
approved by, the department of revenue. 47
3. For registration purposes only, a public school or 48
college shall be considered the temporary owner of a vehicle 49
acquired from a motor vehicle dealer which is to be used as 50
a courtesy vehicle or a driver training vehicle. The school 51
or college shall present to the director of revenue a copy 52
of a lease agreement with an option to purchase clause 53
between the authorized motor vehicle dealer and the school 54
or college and a photocopy of the front and back of the 55
dealer's vehicle manufacturer's statement of origin or 56
certificate of title, and shall make application for and be 57
granted a nonnegotiable certificate of ownership and be 58
issued the appropriate license plates. Registration plates 59
are not necessary on a driver training vehicle when the 60
motor vehicle is plainly marked as a driver training vehicle 61
while being used for such purpose and such vehicle can also 62
be used in conjunction with the activities of the 63
educational institution. 64
4. As used in this section, the term "political 65
subdivision" is intended to include any township, road 66
district, sewer district, school district, municipality, 67
town or village, sheltered workshop, as defined in section 68
178.900, and any interstate compact agency which operates a 69
public mass transportation system. 70
5. The department of revenue may promulgate rules as 71
necessary for the implementation of this section. Any rule 72
or portion of a rule, as that term is defined in section 73
536.010, that is created under the authority delegated in 74 SB 143 83
this section shall become effective only if it complies with 75
and is subject to all of the provisions of chapter 536 and, 76
if applicable, section 536.028. This section and chapter 77
536 are nonseverable and if any of the powers vested with 78
the general assembly pursuant to chapter 536 to review, to 79
delay the effective date, or to disapprove and annul a rule 80
are subsequently held unconstitutional, then the grant of 81
rulemaking authority and any rule proposed or adopted after 82
August 28, 2025, shall be invalid and void. 83
[304.022. 1. Upon the immediate approach 1
of an emergency vehicle giving audible signal by 2
siren or while having at least one lighted lamp 3
exhibiting red light visible under normal 4
atmospheric conditions from a distance of five 5
hundred feet to the front of such vehicle or a 6
flashing blue light authorized by section 7
307.175, the driver of every other vehicle shall 8
yield the right-of-way and shall immediately 9
drive to a position parallel to, and as far as 10
possible to the right of, the traveled portion 11
of the highway and thereupon stop and remain in 12
such position until such emergency vehicle has 13
passed, except when otherwise directed by a 14
police or traffic officer. 15
2. Upon approaching a stationary vehicle 16
displaying lighted red or red and blue lights, 17
or a stationary vehicle displaying lighted amber 18
or amber and white lights, the driver of every 19
motor vehicle shall: 20
(1) Proceed with caution and yield the 21
right-of-way, if possible with due regard to 22
safety and traffic conditions, by making a lane 23
change into a lane not adjacent to that of the 24
stationary vehicle, if on a roadway having at 25
least four lanes with not less than two lanes 26
proceeding in the same direction as the 27
approaching vehicle; or 28
(2) Proceed with due caution and reduce 29
the speed of the vehicle, maintaining a safe 30 SB 143 84
speed for road conditions, if changing lanes 31
would be unsafe or impossible. 32
3. The motorman of every streetcar shall 33
immediately stop such car clear of any 34
intersection and keep it in such position until 35
the emergency vehicle has passed, except as 36
otherwise directed by a police or traffic 37
officer. 38
4. An "emergency vehicle" is a vehicle of 39
any of the following types: 40
(1) A vehicle operated by the state 41
highway patrol, the state water patrol, the 42
Missouri capitol police, a conservation agent, 43
or a state or a county or municipal park ranger, 44
those vehicles operated by enforcement personnel 45
of the state highways and transportation 46
commission, police or fire department, sheriff, 47
constable or deputy sheriff, federal law 48
enforcement officer authorized to carry firearms 49
and to make arrests for violations of the laws 50
of the United States, traffic officer, coroner, 51
medical examiner, or forensic investigator of 52
the county medical examiner's office, or by a 53
privately owned emergency vehicle company; 54
(2) A vehicle operated as an ambulance or 55
operated commercially for the purpose of 56
transporting emergency medical supplies or 57
organs; 58
(3) Any vehicle qualifying as an emergency 59
vehicle pursuant to section 307.175; 60
(4) Any wrecker, or tow truck or a vehicle 61
owned and operated by a public utility or public 62
service corporation while performing emergency 63
service; 64
(5) Any vehicle transporting equipment 65
designed to extricate human beings from the 66
wreckage of a motor vehicle; 67
(6) Any vehicle designated to perform 68
emergency functions for a civil defense or 69
emergency management agency established pursuant 70
to the provisions of chapter 44; 71
(7) Any vehicle operated by an authorized 72
employee of the department of corrections who, 73
as part of the employee's official duties, is 74 SB 143 85
responding to a riot, disturbance, hostage 75
incident, escape or other critical situation 76
where there is the threat of serious physical 77
injury or death, responding to mutual aid call 78
from another criminal justice agency, or in 79
accompanying an ambulance which is transporting 80
an offender to a medical facility; 81
(8) Any vehicle designated to perform 82
hazardous substance emergency functions 83
established pursuant to the provisions of 84
sections 260.500 to 260.550; 85
(9) Any vehicle owned by the state 86
highways and transportation commission and 87
operated by an authorized employee of the 88
department of transportation that is marked as a 89
department of transportation emergency response 90
or motorist assistance vehicle; or 91
(10) Any vehicle owned and operated by the 92
civil support team of the Missouri National 93
Guard while in response to or during operations 94
involving chemical, biological, or radioactive 95
materials or in support of official requests 96
from the state of Missouri involving unknown 97
substances, hazardous materials, or as may be 98
requested by the appropriate state agency acting 99
on behalf of the governor. 100
5. (1) The driver of any vehicle referred 101
to in subsection 4 of this section shall not 102
sound the siren thereon or have the front red 103
lights or blue lights on except when such 104
vehicle is responding to an emergency call or 105
when in pursuit of an actual or suspected law 106
violator, or when responding to, but not upon 107
returning from, a fire. 108
(2) The driver of an emergency vehicle may: 109
(a) Park or stand irrespective of the 110
provisions of sections 304.014 to 304.025; 111
(b) Proceed past a red or stop signal or 112
stop sign, but only after slowing down as may be 113
necessary for safe operation; 114
(c) Exceed the prima facie speed limit so 115
long as the driver does not endanger life or 116
property; 117 SB 143 86
(d) Disregard regulations governing 118
direction of movement or turning in specified 119
directions. 120
(3) The exemptions granted to an emergency 121
vehicle pursuant to subdivision (2) of this 122
subsection shall apply only when the driver of 123
any such vehicle while in motion sounds audible 124
signal by bell, siren, or exhaust whistle as may 125
be reasonably necessary, and when the vehicle is 126
equipped with at least one lighted lamp 127
displaying a red light or blue light visible 128
under normal atmospheric conditions from a 129
distance of five hundred feet to the front of 130
such vehicle. 131
6. No person shall purchase an emergency 132
light as described in this section without 133
furnishing the seller of such light an affidavit 134
stating that the light will be used exclusively 135
for emergency vehicle purposes. 136
7. Violation of this section shall be 137
deemed a class A misdemeanor.] 138
304.022. 1. Upon the immediate approach of an 1
emergency vehicle giving audible signal by siren or while 2
having at least one lighted lamp exhibiting red light 3
visible under normal atmospheric conditions from a distance 4
of five hundred feet to the front of such vehicle or a 5
flashing blue light authorized by section 307.175, the 6
driver of every other vehicle shall yield the right-of-way 7
and shall immediately drive to a position parallel to, and 8
as far as possible to the right of, the traveled portion of 9
the highway and thereupon stop and remain in such position 10
until such emergency vehicle has passed, except when 11
otherwise directed by a police or traffic officer. 12
2. Upon approaching a stationary vehicle displaying 13
lighted red or red and blue lights, or a stationary vehicle 14
displaying lighted amber or amber and white lights, the 15
driver of every motor vehicle shall: 16 SB 143 87
(1) Proceed with caution and yield the right-of-way, 17
if possible with due regard to safety and traffic 18
conditions, by making a lane change into a lane not adjacent 19
to that of the stationary vehicle, if on a roadway having at 20
least four lanes with not less than two lanes proceeding in 21
the same direction as the approaching vehicle; or 22
(2) Proceed with due caution and reduce the speed of 23
the vehicle, maintaining a safe speed for road conditions, 24
if changing lanes would be unsafe or impossible. 25
3. The motorman of every streetcar shall immediately 26
stop such car clear of any intersection and keep it in such 27
position until the emergency vehicle has passed, except as 28
otherwise directed by a police or traffic officer. 29
4. An "emergency vehicle" is a vehicle of any of the 30
following types: 31
(1) A vehicle operated by a state fire investigator, 32
the state highway patrol, the state water patrol, the 33
Missouri capitol police, a conservation agent, or a state or 34
a county or municipal park ranger, those vehicles operated 35
by enforcement personnel of the state highways and 36
transportation commission, police or fire department, 37
sheriff, constable or deputy sheriff, federal law 38
enforcement officer authorized to carry firearms and to make 39
arrests for violations of the laws of the United States, 40
traffic officer, coroner, medical examiner, or forensic 41
investigator of the county medical examiner's office, or by 42
a privately owned emergency vehicle company; 43
(2) A vehicle operated as an ambulance or operated 44
commercially for the purpose of transporting emergency 45
medical supplies or organs; 46
(3) Any vehicle qualifying as an emergency vehicle 47
pursuant to section 307.175; 48 SB 143 88
(4) Any wrecker, or tow truck or a vehicle owned and 49
operated by a public utility or public service corporation 50
while performing emergency service; 51
(5) Any vehicle transporting equipment designed to 52
extricate human beings from the wreckage of a motor vehicle; 53
(6) Any vehicle designated to perform emergency 54
functions for a civil defense or emergency management agency 55
established pursuant to the provisions of chapter 44; 56
(7) Any vehicle operated by an authorized employee of 57
the department of corrections who, as part of the employee's 58
official duties, is responding to a riot, disturbance, 59
hostage incident, escape or other critical situation where 60
there is the threat of serious physical injury or death, 61
responding to mutual aid call from another criminal justice 62
agency, or in accompanying an ambulance which is 63
transporting an offender to a medical facility; 64
(8) Any vehicle designated to perform hazardous 65
substance emergency functions established pursuant to the 66
provisions of sections 260.500 to 260.550; 67
(9) Any vehicle owned by the state highways and 68
transportation commission and operated by an authorized 69
employee of the department of transportation that is marked 70
as a department of transportation emergency response or 71
motorist assistance vehicle; or 72
(10) Any vehicle owned and operated by the civil 73
support team of the Missouri National Guard while in 74
response to or during operations involving chemical, 75
biological, or radioactive materials or in support of 76
official requests from the state of Missouri involving 77
unknown substances, hazardous materials, or as may be 78
requested by the appropriate state agency acting on behalf 79
of the governor. 80 SB 143 89
5. (1) The driver of any vehicle referred to in 81
subsection 4 of this section shall not sound the siren 82
thereon or have the front red lights or blue lights on 83
except when such vehicle is responding to an emergency call 84
or when in pursuit of an actual or suspected law violator, 85
or when responding to, but not upon returning from, a fire. 86
(2) The driver of an emergency vehicle may: 87
(a) Park or stand irrespective of the provisions of 88
sections 304.014 to 304.025; 89
(b) Proceed past a red or stop signal or stop sign, 90
but only after slowing down as may be necessary for safe 91
operation; 92
(c) Exceed the prima facie speed limit so long as the 93
driver does not endanger life or property; 94
(d) Disregard regulations governing direction of 95
movement or turning in specified directions. 96
(3) The exemptions granted to an emergency vehicle 97
pursuant to subdivision (2) of this subsection shall apply 98
only when the driver of any such vehicle while in motion 99
sounds audible signal by bell, siren, or exhaust whistle as 100
may be reasonably necessary, and when the vehicle is 101
equipped with at least one lighted lamp displaying a red 102
light or blue light visible under normal atmospheric 103
conditions from a distance of five hundred feet to the front 104
of such vehicle. 105
6. No person shall purchase an emergency light as 106
described in this section without furnishing the seller of 107
such light an affidavit stating that the light will be used 108
exclusively for emergency vehicle purposes. 109
7. Violation of this section shall be deemed a class A 110
misdemeanor. 111 SB 143 90
307.175. 1. Motor vehicles and equipment which are 1
operated by any member of an organized fire department, 2
ambulance association, or rescue squad, including a canine 3
search and rescue team, whether paid or volunteer, may be 4
operated on streets and highways in this state as an 5
emergency vehicle under the provisions of section 304.022 6
while responding to a fire call [or], ambulance call, or an 7
emergency call requiring search and rescue operations, or at 8
the scene of a fire call [or], ambulance call, or an 9
emergency call requiring search and rescue operations, and 10
while using or sounding a warning siren and using or 11
displaying thereon fixed, flashing or rotating blue lights, 12
but sirens and blue lights shall be used only in bona fide 13
emergencies. 14
2. (1) Notwithstanding subsection 1 of this section, 15
the following vehicles may use or display fixed, flashing, 16
or rotating red or red and blue lights: 17
(a) Emergency vehicles, as defined in section 304.022, 18
when responding to an emergency; 19
(b) Vehicles operated as described in subsection 1 of 20
this section; 21
(c) Vehicles and equipment owned or leased by a 22
contractor or subcontractor performing work for the 23
department of transportation, except that the red or red and 24
blue lights shall be displayed on vehicles or equipment 25
described in this paragraph only between dusk and dawn, when 26
such vehicles or equipment are stationary, such vehicles or 27
equipment are located in a work zone as defined in section 28
304.580, highway workers as defined in section 304.580 are 29
present, and such work zone is designated by a sign or 30
signs. No more than two vehicles or pieces of equipment in 31 SB 143 91
a work zone may display fixed, flashing, or rotating lights 32
under this subdivision; 33
(d) Vehicles and equipment owned, leased, or operated 34
by a coroner, medical examiner, or forensic investigator of 35
the county medical examiner's office or a similar entity, 36
when responding to a crime scene, motor vehicle accident, 37
workplace accident, or any location at which the services of 38
such professionals have been requested by a law enforcement 39
officer. 40
(2) The following vehicles and equipment may use or 41
display fixed, flashing, or rotating amber or amber and 42
white lights: 43
(a) Vehicles and equipment owned or leased by the 44
state highways and transportation commission and operated by 45
an authorized employee of the department of transportation; 46
(b) Vehicles and equipment owned or leased by a 47
contractor or subcontractor performing work for the 48
department of transportation, except that the amber or amber 49
and white lights shall be displayed on vehicles described in 50
this paragraph only when such vehicles or equipment are 51
located in a work zone as defined in section 304.580, 52
highway workers as defined in section 304.580 are present, 53
and such work zone is designated by a sign or signs; 54
(c) Vehicles and equipment operated by a utility 55
worker performing work for the utility, except that the 56
amber or amber and white lights shall be displayed on 57
vehicles described in this paragraph only when such vehicles 58
are stationary, such vehicles or equipment are located in a 59
work zone as defined in section 304.580, a utility worker is 60
present, and such work zone is designated by a sign or 61
signs. As used in this paragraph, the term "utility worker" 62
means any employee while in performance of his or her job 63 SB 143 92
duties, including any person employed under contract of a 64
utility that provides gas, heat, electricity, water, steam, 65
telecommunications or cable services, or sewer services, 66
whether privately, municipally, or cooperatively owned. 67
3. Permits for the operation of such vehicles equipped 68
with sirens or blue lights shall be in writing and shall be 69
issued and may be revoked by the chief of an organized fire 70
department, organized ambulance association, rescue squad, 71
or the state highways and transportation commission and no 72
person shall use or display a siren or blue lights on a 73
motor vehicle, fire, ambulance, or rescue equipment without 74
a valid permit authorizing the use. A permit to use a siren 75
or lights as heretofore set out does not relieve the 76
operator of the vehicle so equipped with complying with all 77
other traffic laws and regulations. Violation of this 78
section constitutes a class A misdemeanor. 79
320.500. The provisions of sections 320.500 to 320.528 1
shall be known and referred to as the "Firefighters 2
Procedural Bill of Rights Act". 3
320.502. For purposes of sections 320.500 to 320.528, 1
the following terms mean: 2
(1) "Firefighter", a paid firefighter employed by a 3
public agency and all first responders and ancillary service 4
personnel, including emergency medical service workers, 5
dispatchers, paramedics, emergency maintenance technicians, 6
or emergency medical technicians (EMT) who are employed by a 7
fire district, fire protection district, fire department, or 8
fire authority. The term "firefighter" shall not include 9
probationary employees; 10
(2) "Interrogation", any formal interview, inquiry, or 11
questioning of any firefighter by the appointing authority's 12
designee regarding misconduct or violation of policy; 13 SB 143 93
(3) "Public agency", any fire district, municipal fire 14
department, ambulance district, or emergency 911 dispatching 15
agency; 16
(4) "Punitive action", any action that may lead to 17
dismissal, demotion, suspension, reduction in salary, 18
written reprimand, or transfer for purposes of punishment; 19
(5) "Representative", an individual that accompanies 20
and advises a firefighter during an interrogation and during 21
the course of the investigation and who may intervene, raise 22
objections, and provide moral support to the firefighter; 23
(6) "Social media account", any electronic service or 24
account or any electronic content including, but not limited 25
to, videos, photographs, blogs, video blogs, podcasts, 26
instant or text messages, email programs or services, online 27
services, or website profiles. 28
320.504. 1. Except as otherwise provided in chapter 1
36, or whenever on duty or in uniform, no firefighter shall 2
be prohibited from engaging, or be coerced or required to 3
engage, in political activity. 4
2. A firefighter shall not be prohibited from seeking 5
election to, or serving as a member of, the governing board 6
of a school district or any local agency or any other board 7
where the firefighter is not employed including, but not 8
limited to, any city, county, or political subdivision 9
thereof, except as provided under section 321.015. 10
320.506. 1. When any firefighter is under 1
investigation and subjected to interrogation by his or her 2
commanding officer, or any other member designated by the 3
employing department or licensing or certifying agency, that 4
could lead to punitive action, the interrogation shall be 5
conducted under the following conditions: 6 SB 143 94
(1) The interrogation shall be conducted at a 7
reasonable hour, at a time when the firefighter is on duty, 8
unless an imminent threat to the safety of the public 9
requires otherwise. If the interrogation does occur during 10
off-duty time of the firefighter being interrogated, the 11
firefighter shall be compensated for any off-duty time in 12
accordance with regular department procedures. The 13
firefighter's compensation shall not be reduced as a result 14
of any work missed while being interrogated; 15
(2) The firefighter under investigation shall be 16
informed, prior to the interrogation, of the rank, name, and 17
command of the officer or other person in charge of the 18
interrogation; the interrogating officer; and all other 19
persons to be present during the interrogation. All 20
questions directed to the firefighter under investigation 21
shall be asked by and through no more than two interrogators 22
at one time; 23
(3) The firefighter under investigation shall be 24
informed of the nature of the investigation prior to any 25
interrogation; 26
(4) The interrogating session shall be for a 27
reasonable period taking into consideration the gravity and 28
complexity of the issue being investigated. The firefighter 29
under interrogation shall be allowed reasonable breaks to 30
attend to his or her own personal physical necessities; 31
(5) Prior to an interview session, the investigator or 32
investigators conducting the investigation shall advise the 33
firefighter of the rule set out in Garrity v. New Jersey, 34
385 U.S. 493 (1967), specifically that the firefighter is 35
being ordered to answer questions under threat of 36
disciplinary action and that the firefighter's answers to 37 SB 143 95
the questions will not be used against the firefighter in 38
criminal proceedings; 39
(6) (a) The firefighter under investigation shall not 40
be subjected to offensive language or threatened with 41
punitive action. A promise of reward shall not be made as 42
an inducement to answer any question. Except that, 43
firefighters may be compelled by their employer to give 44
protected Garrity statements to an investigator under the 45
direct control of the employer, but such compelled 46
statements shall not be used or derivatively used against 47
the firefighter in any aspect of a criminal case brought 48
against the firefighter; 49
(b) The employer shall not cause the firefighter under 50
investigation to be subjected to visits by the press or news 51
media without his or her express written consent free of 52
duress, and the firefighter's photograph, home address, 53
telephone number, or other contact information shall not be 54
given to the press or news media without his or her express 55
written consent free of duress. All personally identifying 56
information of the firefighter's spouse, partner, children, 57
or dependents shall be held confidential and protected from 58
release including, but not limited to, names, addresses, 59
phone numbers, email addresses, photographs, social media 60
profiles or information, or any other contact information. 61
Any information regarding the firefighter's assets, income, 62
debts, or other financial information shall be held 63
confidential and protected from release; 64
(7) A statement made during interrogation by a 65
firefighter under coercion, or threat of punitive action 66
shall not be admissible in any subsequent judicial 67
proceeding, subject to the following qualifications: 68 SB 143 96
(a) This subdivision shall not limit the use of 69
statements otherwise made by a firefighter when the 70
employing fire department is seeking civil service sanctions 71
against any firefighter; 72
(b) This subdivision shall not prevent the 73
admissibility of statements otherwise made by the 74
firefighter during interrogation in any civil action, 75
including administrative actions, brought by that 76
firefighter, or that firefighter's exclusive representative, 77
arising out of a disciplinary action; 78
(8) The complete interrogation of a firefighter may be 79
recorded. If a recording is made of the interrogation, the 80
firefighter shall have access to the recording if any 81
further proceedings are contemplated or prior to any further 82
interrogation at a subsequent time. The firefighter shall 83
be entitled to a transcribed copy of any notes made by a 84
stenographer or to any reports or complaints made by 85
investigators or other persons, except those portions that 86
are otherwise required by law to be kept confidential. 87
Notes or reports that are deemed to be confidential shall 88
not be entered in the firefighter's personnel file. The 89
firefighter being interrogated shall have the right to bring 90
his or her own recording device and record any and all 91
aspects of the interrogation; 92
(9) Upon the filing of a formal written statement of 93
charges, or whenever an interrogation focuses on matters 94
that may result in punitive action against any firefighter, 95
that firefighter, at his or her request, shall have the 96
right to be represented by a representative of his or her 97
choice who may be present at all times during the 98
interrogation. The representative shall not be a person 99
subject to the same investigation. The representative shall 100 SB 143 97
not be required to disclose, or be subject to any punitive 101
action for refusing to disclose, any information received 102
from the firefighter under investigation for noncriminal 103
matters; and 104
(10) An employer shall not, either directly or 105
indirectly, require, request, suggest, or cause any 106
firefighter to disclose the username, password, or any other 107
information that would provide access to any of his or her 108
personal social media accounts. 109
2. The provisions of this section shall not be 110
construed to apply to counseling, instruction, or informal 111
verbal admonishment by, or other routine or unplanned 112
contact with, a supervisor or any other firefighter. 113
320.508. 1. A firefighter shall not be subjected to 1
punitive action, or denied promotion, or threatened with 2
that treatment, because of the lawful exercise of the rights 3
granted under sections 320.500 to 320.528 or the exercise of 4
any rights under any existing administrative grievance 5
procedure. 6
2. Punitive action or denial of promotion on grounds 7
other than merit shall not be undertaken by any employing 8
department or licensing or certifying agency against any 9
firefighter who has successfully completed the probationary 10
period without providing the firefighter with an opportunity 11
for administrative appeal. 12
3. A fire chief shall not be removed by a public 13
agency or appointing authority without providing that fire 14
chief with written notice, the reason or reasons for 15
removal, and an opportunity for administrative appeal. For 16
purposes of this subsection, the removal of a fire chief by 17
a public agency or appointing authority, for the purpose of 18
implementing the goals or policies, or both, of the public 19 SB 143 98
agency or appointing authority, or for reasons including, 20
but not limited to, incompatibility of management styles or 21
as a result of change in administration, shall be sufficient 22
to constitute reason. Nothing in this subsection shall be 23
construed to create a property interest, if one does not 24
otherwise exist by rule or law, in the job of fire chief. 25
4. Punitive action or denial of promotion on grounds 26
other than merit shall not be undertaken for any act, 27
omission, or other allegation of misconduct if the 28
investigation of the allegation is not completed within one 29
year of discovery by the employing fire department or 30
licensing or certifying agency. This one-year limitation 31
period shall apply only if the discovery of the act, 32
omission, or other misconduct occurred on or after August 33
28, 2025. If the employing department or licensing or 34
certifying agency determines that discipline may be taken, 35
it shall complete its investigation and notify the 36
firefighter of its proposed disciplinary action within that 37
year, except in any of the following circumstances: 38
(1) If the firefighter voluntarily waives the one-year 39
time period in writing, the time period shall be tolled for 40
the period of time specified in the written waiver; 41
(2) If the act, omission, or other allegation of 42
misconduct is also the subject of a criminal investigation 43
or criminal prosecution, the time during which the criminal 44
investigation or criminal prosecution is pending shall toll 45
the one-year period; 46
(3) If the investigation is a multi-jurisdictional 47
investigation that requires a reasonable extension for 48
coordination of the involved agencies; 49
(4) If the investigation involves an employee who is 50
incapacitated or otherwise unavailable; 51 SB 143 99
(5) If the investigation involves a matter in civil 52
litigation where the firefighter is named as a party 53
defendant, the one-year time period shall be tolled while 54
that civil action is pending; 55
(6) If the investigation involves a matter in criminal 56
litigation in which the complainant is a criminal defendant, 57
the one-year time period shall be tolled during the period 58
of that defendant's criminal investigation and prosecution; 59
or 60
(7) If the investigation involves an allegation of 61
workers' compensation fraud on the part of the firefighter. 62
5. If a predisciplinary response or grievance 63
procedure is required or utilized, the time for that 64
response or procedure shall not be governed or limited by 65
sections 320.500 to 320.528. 66
6. If, after investigation and any predisciplinary 67
response or procedure, the employing department or licensing 68
or certifying agency decides to impose discipline, that 69
department or agency shall notify the firefighter in writing 70
of its decision to impose discipline within thirty days of 71
its decision but not less than forty-eight hours prior to 72
imposing the discipline. 73
7. Notwithstanding the one-year time period specified 74
in subsection 4 of this section, an investigation may be 75
reopened against a firefighter if both of the following 76
circumstances exist: 77
(1) Significant new evidence has been discovered that 78
is likely to affect the outcome of the investigation; and 79
(2) One of the following conditions exists: 80
(a) The evidence could not reasonably be discovered in 81
the normal course of investigation without resorting to 82
extraordinary measures by the agency; or 83 SB 143 100
(b) The evidence resulted from the firefighter's 84
predisciplinary response or procedure. 85
320.510. 1. An administrative appeal instituted by a 1
firefighter under sections 320.500 to 320.528 shall be 2
conducted in accordance with rules and procedures adopted by 3
the employing department or licensing or certifying agency 4
that are in accordance with chapter 536. 5
2. Notwithstanding subsection 1 of this section to the 6
contrary, if the employing department is subject to a 7
memorandum of understanding that provides for binding 8
arbitration of administrative appeals, the arbitrator or 9
arbitration panel shall serve as the hearing officer in 10
accordance with chapter 536 and, notwithstanding any other 11
provision of law to the contrary, that hearing officer's 12
decision shall be binding. However, a memorandum of 13
understanding negotiated with an employing agency shall not 14
control the process for administrative appeals instituted 15
with licensing or certifying agencies. Any administrative 16
appeal instituted with licensing or certifying agencies 17
shall adhere to the requirements prescribed in subsection 1 18
of this section. 19
320.512. A firefighter shall not have any comment 1
adverse to his or her interest entered in his or her 2
personnel file, or any other file used for any personnel 3
purposes by his or her employer, without the firefighter 4
having first read and signed the instrument containing the 5
adverse comment indicating he or she is aware of the 6
comment. However, the entry may be made if after reading 7
the instrument, the firefighter refuses to sign it. That 8
fact shall be noted on that document and signed or initialed 9
by the firefighter. 10 SB 143 101
320.514. A firefighter shall have thirty days to file 1
a written response to any adverse comment entered in his or 2
her personnel file. The written response shall be attached 3
to, and shall accompany, the adverse comment. 4
320.516. 1. Every employer shall, at reasonable times 1
and at reasonable intervals, upon the request of a 2
firefighter, during usual business hours, with no loss of 3
compensation to the firefighter, permit that firefighter to 4
inspect personnel files that are used or have been used to 5
determine that firefighter's qualifications for employment, 6
promotion, additional compensation, or termination or other 7
disciplinary action. 8
2. Each employer shall keep each firefighter's 9
personnel file or a true and correct copy thereof and shall 10
make the file or copy thereof available within a reasonable 11
period of time after a request therefor by the firefighter. 12
3. If, after examination of the firefighter's 13
personnel file, the firefighter believes that any portion of 14
the material is mistakenly or unlawfully placed in the file, 15
the firefighter may request, in writing, that the mistaken 16
or unlawful portion be corrected or deleted. Any request 17
made pursuant to this subsection shall include a statement 18
by the firefighter describing the corrections or deletions 19
from the personnel file requested and the reasons supporting 20
those corrections or deletions. A statement submitted 21
pursuant to this subsection shall become part of the 22
personnel file of the firefighter. 23
4. Within thirty calendar days of receipt of a request 24
made under subsection 3 of this section, the employer shall 25
either grant the firefighter's request or notify the officer 26
of the decision to refuse to grant the request. If the 27
employer refuses to grant the request, in whole or in part, 28 SB 143 102
the employer shall state in writing the reasons for refusing 29
the request and that written statement shall become part of 30
the personnel file of the firefighter. 31
320.518. 1. A firefighter shall not be compelled to 1
submit to a lie detector test against his or her will. 2
2. Disciplinary action or other recrimination shall 3
not be taken against a firefighter refusing to submit to a 4
lie detector test. 5
3. No comment shall be entered anywhere in the 6
investigator's notes or anywhere else that the firefighter 7
refused to take, or did not take, a lie detector test. 8
4. Testimony or evidence to the effect that the 9
firefighter refused to take, or was subjected to, a lie 10
detector test shall not be admissible at a subsequent 11
hearing, trial, or proceeding, judicial or administrative. 12
5. For purposes of this section, the term "lie 13
detector" means a polygraph, deceptograph, voice stress 14
analyzer, psychological stress evaluator, or any other 15
similar device, whether mechanical or electrical, that is 16
used, or the results of which are used, for the purpose of 17
rendering a diagnostic opinion regarding the honesty or 18
dishonesty of an individual. 19
320.520. A firefighter shall not be required or 1
requested for purposes of job assignment or other personnel 2
action to disclose any item of his or her property, income, 3
assets, source of income, debts, or personal or domestic 4
expenditures, including those of any member of his or her 5
family or household, unless that information is otherwise 6
required to be furnished under state law or obtained 7
pursuant to court order. 8
320.522. 1. A firefighter shall not have his or her 1
locker that may be assigned to him or her searched, except: 2 SB 143 103
(1) In his or her presence; 3
(2) With his or her consent; 4
(3) If exigent circumstances exist; 5
(4) If a valid search warrant has been obtained; or 6
(5) If he or she has been given notice that a search 7
will be conducted. 8
2. This section shall apply only to lockers that are 9
owned or leased by the employing department or licensing or 10
certifying agency. 11
320.524. 1. It shall be unlawful for any employing 1
department or licensing or certifying agency to deny or 2
refuse to any firefighter the rights and protections 3
guaranteed by sections 320.500 to 320.528. 4
2. The circuit court of the county of proper venue 5
shall have initial jurisdiction over any proceeding brought 6
by any firefighter against any employing department or 7
licensing or certifying agency for alleged violations of 8
sections 320.500 to 320.528. 9
3. (1) If the court finds that the employing 10
department or licensing or certifying agency has violated 11
any of the provisions of sections 320.500 to 320.528, the 12
court shall render appropriate injunctive or other 13
extraordinary relief to remedy the violation and to prevent 14
future violations of a like or similar nature including, but 15
not limited to, the granting of a temporary restraining 16
order or preliminary or permanent injunction prohibiting the 17
employing department or licensing or certifying agency from 18
taking any punitive action against the firefighter. 19
(2) If the court finds that a bad faith or frivolous 20
action or a filing for an improper purpose has been brought 21
under sections 320.500 to 320.528, the court may order 22
sanctions against the party filing the action, the party's 23 SB 143 104
attorney, or both, pursuant to the applicable Missouri rules 24
of civil procedure. Those sanctions may include, but not be 25
limited to, reasonable expenses, including attorney's fees, 26
incurred by a fire department as the court deems appropriate. 27
(3) Nothing in this subsection is intended to subject 28
actions or filings under this section to rules or standards 29
that are different from those applicable to other civil 30
actions or filings subject to the Missouri supreme court 31
rules of civil procedure. 32
4. In addition to the extraordinary relief afforded 33
under sections 320.500 to 320.528, upon a finding by the 34
court that a fire department, its employees, agents, or 35
assigns, with respect to acts taken within the scope of 36
employment, maliciously violated any provision of sections 37
320.500 to 320.528 with the intent to injure the 38
firefighter, the fire department shall, for each and every 39
violation, be liable for a civil penalty not to exceed 40
twenty-five thousand dollars to be awarded to the 41
firefighter whose right or protection was denied and for 42
reasonable attorney's fees as may be determined by the 43
court. If the court so finds, and there is sufficient 44
evidence to establish actual damages suffered by the 45
firefighter whose right or protection was denied, the fire 46
department shall also be liable for the amount of the actual 47
damages. Notwithstanding these provisions to the contrary, 48
a fire department shall not be required to indemnify a 49
contractor for the contractor's liability under this 50
subsection if there is, within the contract between the fire 51
department and the contractor, a hold harmless or similar 52
provision that protects the fire department from liability 53
for the actions of the contractor. An individual shall not 54 SB 143 105
be liable for any act for which a fire department is liable 55
under this section. 56
320.526. Nothing in sections 320.500 to 320.528 shall 1
in any way be construed to limit the ability of any 2
employment department, licensing or certifying agency, or 3
any firefighter to fulfill mutual aid agreements with other 4
jurisdictions or agencies, and the provisions of sections 5
320.500 to 320.528 shall not be construed in any way to 6
limit any jurisdictional or interagency cooperation under 7
any circumstances where that activity is deemed necessary or 8
desirable by the jurisdictions or agencies involved. 9
320.528. 1. The rights and protections described in 1
sections 320.500 to 320.528 shall apply only to a 2
firefighter during events and circumstances involving the 3
performance of his or her official duties. 4
2. Any employer shall provide legal defense for any 5
firefighter who, while acting in the normal course of his or 6
her duties, is named as a defendant in civil litigation 7
relating to such duties. 8
3. Volunteer fire departments may opt into the 9
provisions of sections 320.500 to 320.528. 10
332.081. 1. Notwithstanding any other provision of 1
law to the contrary, hospitals licensed under chapter 197 2
shall be authorized to employ any or all of the following 3
oral health providers: 4
(1) A dentist licensed under this chapter for the 5
purpose of treating on hospital premises those patients who 6
present with a dental condition and such treatment is 7
necessary to ameliorate the condition for which they 8
presented such as severe pain or tooth abscesses; 9
(2) An oral and maxillofacial surgeon licensed under 10
this chapter for the purpose of treating oral conditions 11 SB 143 106
that need to be ameliorated as part of treating the 12
underlying cause of the patient's medical needs including, 13
but not limited to, head and neck cancer, HIV or AIDS, 14
severe trauma resulting in admission to the hospital, organ 15
transplant, diabetes, or seizure disorders. It shall be a 16
condition of treatment that such patients are admitted to 17
the hospital on either an in- or out-patient basis; and 18
(3) A maxillofacial prosthodontist licensed under this 19
chapter for the purpose of treating and supporting patients 20
of a head and neck cancer team or other complex care or 21
surgical team for the fabrication of appliances following 22
ablative surgery, surgery to correct birth anomalies, 23
extensive radiation treatment of the head or neck, or trauma- 24
related surgery. 25
2. No person or other entity shall practice dentistry 26
in Missouri or provide dental services as defined in section 27
332.071 unless and until the board has issued to the person 28
a certificate certifying that the person has been duly 29
registered as a dentist in Missouri or the board has issued 30
such certificate to an entity that has been duly registered 31
to provide dental services by licensed dentists and dental 32
hygienists and unless and until the board has issued to the 33
person a license, to be renewed each period, as provided in 34
this chapter, to practice dentistry or as a dental 35
hygienist, or has issued to the person or entity a permit, 36
to be renewed each period, to provide dental services in 37
Missouri. Nothing in this chapter shall be so construed as 38
to make it unlawful for: 39
(1) A legally qualified physician or surgeon, who does 40
not practice dentistry as a specialty, from extracting teeth; 41 SB 143 107
(2) A dentist licensed in a state other than Missouri 42
from making a clinical demonstration before a meeting of 43
dentists in Missouri; 44
(3) Dental students in any accredited dental school to 45
practice dentistry under the personal direction of 46
instructors; 47
(4) Dental hygiene students in any accredited dental 48
hygiene school to practice dental hygiene under the personal 49
direction of instructors; 50
(5) A duly registered and licensed dental hygienist in 51
Missouri to practice dental hygiene as defined in section 52
332.091; 53
(6) A dental assistant, certified dental assistant, or 54
expanded functions dental assistant to be delegated duties 55
as defined in section 332.093; 56
(7) A duly registered dentist or dental hygienist to 57
teach in an accredited dental or dental hygiene school; 58
(8) A person who has been granted a dental faculty 59
permit under section 332.183 to practice dentistry in the 60
scope of his or her employment at an accredited dental 61
school, college, or program in Missouri; 62
(9) A duly qualified anesthesiologist or nurse 63
anesthetist to administer an anesthetic in connection with 64
dental services or dental surgery; 65
(10) A person to practice dentistry in or for: 66
(a) The United States Armed Forces; 67
(b) The United States Public Health Service; 68
(c) Migrant, community, or health care for the 69
homeless health centers provided in Section 330 of the 70
Public Health Service Act (42 U.S.C. Section 254b); 71 SB 143 108
(d) Federally qualified health centers as defined in 72
Section 1905(l) (42 U.S.C. Section 1396d(l)) of the Social 73
Security Act; 74
(e) Governmental entities, including county health 75
departments; or 76
(f) The United States Veterans Bureau; or 77
(11) A dentist licensed in a state other than Missouri 78
to evaluate a patient or render an oral, written, or 79
otherwise documented dental opinion when providing testimony 80
or records for the purpose of a civil or criminal action 81
before any judicial or administrative proceeding of this 82
state or other forum in this state. 83
3. No corporation shall practice dentistry as defined 84
in section 332.071 unless that corporation is organized 85
under the provisions of chapter 355 or 356 provided that a 86
corporation organized under the provisions of chapter 355 87
and qualifying as an organization under 26 U.S.C. Section 88
501(c)(3) may only employ dentists and dental hygienists 89
licensed in this state to render dental services to Medicaid 90
recipients, low-income individuals who have available income 91
below two hundred percent of the federal poverty level, and 92
all participants in the SCHIP program, unless such 93
limitation is contrary to or inconsistent with federal or 94
state law or regulation. This subsection shall not apply to: 95
(1) A hospital licensed under chapter 197 that 96
provides care and treatment only to children under the age 97
of eighteen at which a person regulated under this chapter 98
provides dental care within the scope of his or her license 99
or registration; 100
(2) A federally qualified health center as defined in 101
Section 1905(l) of the Social Security Act (42 U.S.C. 102
Section 1396d(l)), or a migrant, community, or health care 103 SB 143 109
for the homeless health center provided for in Section 330 104
of the Public Health Services Act (42 U.S.C. Section 254b) 105
at which a person regulated under this chapter provides 106
dental care within the scope of his or her license or 107
registration; 108
(3) A city or county health department organized under 109
chapter 192 or chapter 205 at which a person regulated under 110
this chapter provides dental care within the scope of his or 111
her license or registration; 112
(4) A social welfare board organized under section 113
205.770, a city health department operating under a city 114
charter, or a city-county health department at which a 115
person regulated under this chapter provides dental care 116
within the scope of his or her license or registration; 117
(5) Any entity that has received a permit from the 118
dental board and does not receive compensation from the 119
patient or from any third party on the patient's behalf at 120
which a person regulated under this chapter provides dental 121
care within the scope of his or her license or registration; 122
(6) Any hospital nonprofit corporation exempt from 123
taxation under Section 501(c)(3) of the Internal Revenue 124
Code, as amended, that engages in its operations and 125
provides dental services at facilities owned by a city, 126
county, or other political subdivision of the state, or any 127
entity contracted with the state to provide care in a 128
correctional center, as such term is defined in section 129
217.010, at which a person regulated under this chapter 130
provides dental care within the scope of his or her license 131
or registration. 132
If any of the entities exempted from the requirements of 133
this subsection are unable to provide services to a patient 134 SB 143 110
due to the lack of a qualified provider and a referral to 135
another entity is made, the exemption shall extend to the 136
person or entity that subsequently provides services to the 137
patient. 138
4. No unincorporated organization shall practice 139
dentistry as defined in section 332.071 unless such 140
organization is exempt from federal taxation under Section 141
501(c)(3) of the Internal Revenue Code of 1986, as amended, 142
and provides dental treatment without compensation from the 143
patient or any third party on their behalf as a part of a 144
broader program of social services including food 145
distribution. Nothing in this chapter shall prohibit 146
organizations under this subsection from employing any 147
person regulated by this chapter. 148
5. A dentist shall not enter into a contract that 149
allows a person who is not a dentist to influence or 150
interfere with the exercise of the dentist's independent 151
professional judgment. 152
6. A not-for-profit corporation organized under the 153
provisions of chapter 355 and qualifying as an organization 154
under 26 U.S.C. Section 501(c)(3), an unincorporated 155
organization operating pursuant to subsection 4 of this 156
section, or any other person should not direct or interfere 157
or attempt to direct or interfere with a licensed dentist's 158
professional judgment and competent practice of dentistry. 159
Nothing in this subsection shall be so construed as to make 160
it unlawful for not-for-profit organizations to enforce 161
employment contracts, corporate policy and procedure 162
manuals, or quality improvement or assurance requirements. 163
7. All entities defined in subsection 3 of this 164
section and those exempted under subsection 4 of this 165
section shall apply for a permit to employ dentists and 166 SB 143 111
dental hygienists licensed in this state to render dental 167
services, and the entity shall apply for the permit in 168
writing on forms provided by the Missouri dental board. The 169
board shall not charge a fee of any kind for the issuance or 170
renewal of such permit. The provisions of this subsection 171
shall not apply to a federally qualified health center as 172
defined in Section 1905(l) of the Social Security Act (42 173
U.S.C. Section 1396d(l)). 174
8. Any entity that obtains a permit to render dental 175
services in this state is subject to discipline pursuant to 176
section 332.321. If the board concludes that the person or 177
entity has committed an act or is engaging in a course of 178
conduct that would be grounds for disciplinary action, the 179
board may file a complaint before the administrative hearing 180
commission. The board may refuse to issue or renew the 181
permit of any entity for one or any combination of causes 182
stated in subsection 2 of section 332.321. The board shall 183
notify the applicant in writing of the reasons for the 184
refusal and shall advise the applicant of his or her right 185
to file a complaint with the administrative hearing 186
commission as provided by chapter 621. 187
9. A federally qualified health center as defined in 188
Section 1905(l) of the Social Security Act (42 U.S.C. 189
Section 1396d(l)) shall register with the board. The 190
information provided to the board as part of the 191
registration shall include the name of the health center, 192
the nonprofit status of the health center, sites where 193
dental services will be provided, and the names of all 194
persons employed by, or contracting with, the health center 195
who are required to hold a license pursuant to this chapter. 196
The registration shall be renewed every twenty-four months. 197
The board shall not charge a fee of any kind for the 198 SB 143 112
issuance or renewal of the registration. The registration 199
of the health center shall not be subject to discipline 200
pursuant to section 332.321. Nothing in this subsection 201
shall prohibit disciplinary action against a licensee of 202
this chapter who is employed by, or contracts with, such 203
health center for the actions of the licensee in connection 204
with such employment or contract. 205
10. The board may promulgate rules and regulations to 206
ensure not-for-profit corporations are rendering care to the 207
patient populations as set forth herein, including 208
requirements for covered not-for-profit corporations to 209
report patient census data to the board. The provisions of 210
this subsection shall not apply to a federally qualified 211
health center as defined in Section 1905(l) of the Social 212
Security Act (42 U.S.C. Section 1396d(l)). 213
11. All not-for-profit corporations organized or 214
operated pursuant to the provisions of chapter 355 and 215
qualifying as an organization under 26 U.S.C. Section 216
501(c)(3), or the requirements relating to migrant, 217
community, or health care for the homeless health centers 218
provided in Section 330 of the Public Health Service Act (42 219
U.S.C. Section 254b) and federally qualified health centers 220
as defined in Section 1905(l) (42 U.S.C. Section 1396d(l)) 221
of the Social Security Act, that employ persons who practice 222
dentistry or dental hygiene in this state shall do so in 223
accordance with the relevant laws of this state except to 224
the extent that such laws are contrary to, or inconsistent 225
with, federal statute or regulation. 226
386.572. 1. No corporation, person, public utility, 1
or municipality that owns any gas plant shall violate any 2
law or any order, decision, decree, rule, direction, demand, 3
or requirement of the commission or any part or portion 4 SB 143 113
thereof relating to federally mandated natural gas safety 5
standards. Notwithstanding the above, a municipality that 6
owns any gas plant shall be subject to the provisions of 7
this section only for violations of natural gas safety laws, 8
rules, or orders. 9
2. The maximum penalties for violations of federally 10
mandated natural gas safety standards, or such stricter 11
natural gas safety standards or rules as may be approved by 12
the commission, shall [not be greater than fifteen thousand 13
dollars for each violation with a maximum penalty for a 14
continuing violation or a multiple series of violations of 15
the same standard or rule provision not to exceed one 16
hundred fifty thousand dollars,] not exceed an amount as 17
determined by the Secretary of Transportation of the United 18
States pursuant to 49 CFR Part 190.223(a), notwithstanding 19
any provisions of subsection 1 of section 386.570 to the 20
contrary. [The maximum penalty for each violation shall 21
increase to twenty thousand dollars, effective January 1, 22
2015, twenty-five thousand dollars, effective January 1, 23
2025, thirty thousand dollars, effective January 1, 2035, 24
and forty thousand dollars, effective January 1, 2040. The 25
maximum penalty for a continuing violation or a multiple 26
series of violations of the same standard or rule provision 27
shall increase to two hundred thousand dollars, effective 28
January 1, 2015, two hundred fifty thousand dollars, 29
effective January 1, 2025, three hundred thousand dollars, 30
effective January 1, 2035, and four hundred thousand 31
dollars, effective January 1, 2040.] In determining the 32
amount of the penalty, the commission shall consider the 33
nature, circumstances, and gravity of the violation, and 34
also shall consider, with respect to the entity found to 35
have committed the violation: 36 SB 143 114
(1) The degree of culpability; 37
(2) Any history of prior violations; 38
(3) The effect of the penalty on the entity's ability 39
to continue operation; 40
(4) Any good faith effort in attempting to achieve 41
compliance; 42
(5) Ability to pay the penalty; and 43
(6) Such other matters as are relevant in the case. 44
3. Every violation of a specific natural gas safety 45
standard or rule by any corporation, person, public utility, 46
or municipality that owns any gas plant is a separate and 47
distinct offense, regardless of whether such violations 48
relate to the same incident. In case of a continuing 49
violation, each day's continuance thereof shall be a 50
separate and distinct offense. 51
4. In construing and enforcing the provisions of this 52
section, the act, omission, or failure of any officer, 53
agent, or employee of any corporation, person, public 54
utility, or municipality that owns any gas plant acting 55
within the scope of official duties of employment shall in 56
every case be considered the act, omission, or failure of 57
such corporation, person, public utility, or municipality 58
that owns any gas plant. 59
452.425. Any court order for the custody of, or 1
visitation with, a child [may] shall include a provision 2
that the sheriff or other law enforcement officer shall 3
enforce the rights of any person to custody or visitation 4
unless the court issues a subsequent order pursuant to 5
chapter 210, 211, 452 or 455 to limit or deny the custody 6
of, or visitations with, the child. Such sheriff or law 7
enforcement officer shall not remove a child from a person 8
who has actual physical custody of the child unless such 9 SB 143 115
sheriff or officer is shown a court order or judgment which 10
clearly and convincingly verifies that such person is not 11
entitled to the actual physical custody of the child, and 12
there are not other exigent circumstances that would give 13
the sheriff or officer reasonable suspicion to believe that 14
the child would be harmed or that the court order presented 15
to the sheriff or officer may not be valid. 16
452.1100. Sections 452.1100 to 452.1122 shall be known 1
and may be cited as the "Uniform Child Abduction Prevention 2
Act". 3
452.1102. As used in sections 452.1100 to 452.1122, 1
the following terms mean: 2
(1) "Abduction", the wrongful removal or wrongful 3
retention of a child; 4
(2) "Child", an unemancipated individual who is less 5
than eighteen years of age; 6
(3) "Child abduction prevention measures", measures 7
and conditions that are reasonably calculated to prevent the 8
abduction of a child, including provisions of subsections 3, 9
4, and 5 of section 452.1114, and other measures that the 10
court deems appropriate to prevent the abduction of a child; 11
(4) "Child-custody determination", a judgment, decree, 12
or other order of a court providing for the legal custody, 13
physical custody, or visitation with respect to a child. 14
The term "child-custody determination" includes a permanent, 15
temporary, initial, and modification order; 16
(5) "Child custody proceeding", a proceeding in which 17
legal custody, physical custody, or visitation with respect 18
to a child is at issue. The term "child custody proceeding" 19
includes a proceeding for divorce, dissolution of marriage, 20
separation, neglect, abuse, dependency, guardianship, 21 SB 143 116
paternity, termination of parental rights, or protection 22
from domestic violence; 23
(6) "Court", an entity authorized under the law of a 24
state to establish, enforce, or modify a child-custody 25
determination; 26
(7) "Petition", includes a motion or its equivalent; 27
(8) "Record", information that is inscribed on a 28
tangible medium or that is stored in an electronic or other 29
medium and is retrievable in perceivable form; 30
(9) "State", a state of the United States, the 31
District of Columbia, Puerto Rico, the United States Virgin 32
Islands, or any territory or insular possession subject to 33
the jurisdiction of the United States. The term "state" 34
includes a federally recognized Indian tribe or nation; 35
(10) "Travel document", records relating to a travel 36
itinerary, including travel tickets, passes, reservations 37
for transportation, or accommodations. The term "travel 38
document" does not include a passport or visa; 39
(11) "Warrant", an order issued by a court authorizing 40
law enforcement officers to take physical custody of a child; 41
(12) "Wrongful removal", the taking of a child that 42
breaches rights of custody or visitation given or recognized 43
under the law of this state; 44
(13) "Wrongful retention", the keeping or concealing 45
of a child that breaches rights of custody or visitation 46
given or recognized under the law of this state. 47
452.1104. Sections 452.730, 452.735, and 452.820 of 1
the uniform child custody jurisdiction and enforcement act 2
apply to cooperation and communications among courts in 3
proceedings under sections 452.1100 to 452.1122. 4
452.1106. 1. A court on its own motion may order 1
abduction prevention measures in a child custody proceeding 2 SB 143 117
if the court finds that the evidence establishes a credible 3
risk of abduction of the child. 4
2. A party to a child custody determination or another 5
individual or entity having a right under the law of this 6
state or any other state to seek a child custody 7
determination for the child may file a petition seeking 8
abduction prevention measures to protect the child under 9
sections 452.1100 to 452.1122. 10
3. A prosecutor or public authority designated under 11
section 452.910 may seek a warrant to take physical custody 12
of a child under section 452.885 or other appropriate 13
prevention measures. 14
452.1108. 1. A petition under sections 452.1100 to 1
452.1122 may be filed only in a court that has jurisdiction 2
to make a child custody determination with respect to the 3
child at issue under sections 452.700 to 452.930. 4
2. A court of this state has temporary emergency 5
jurisdiction under section 452.755 if the court finds a 6
credible risk of abduction. 7
452.1110. A petition under sections 452.1100 to 1
452.1122 shall be verified and include a copy of any 2
existing child custody determination, if available. The 3
petition shall specify the risk factors for abduction, 4
including the relevant factors described in section 5
452.1112. Subject to subsection 5 of section 452.780, if 6
reasonably ascertainable, the petition shall contain: 7
(1) The name, date of birth, and sex of the child; 8
(2) The customary address and current physical 9
location of the child; 10
(3) The identity, customary address, and current 11
physical location of the respondent; 12 SB 143 118
(4) A statement of whether a prior action to prevent 13
abduction or domestic violence has been filed by a party or 14
other individual or entity having custody of the child, and 15
the date, location, and disposition of the action; 16
(5) A statement of whether a party to the proceeding 17
has been arrested for a crime related to domestic violence, 18
stalking, or child abuse or neglect, and the date, location, 19
and disposition of the case; and 20
(6) Any other information required to be submitted to 21
the court for a child custody determination under section 22
452.780. 23
452.1112. 1. In determining whether there is a 1
credible risk of abduction of a child, the court shall 2
consider any evidence that the petitioner or respondent: 3
(1) Has previously abducted or attempted to abduct the 4
child; 5
(2) Has threatened to abduct the child; 6
(3) Has recently engaged in activities that may 7
indicate a planned abduction, including: 8
(a) Abandoning employment; 9
(b) Selling a primary residence; 10
(c) Terminating a lease; 11
(d) Closing bank or other financial management 12
accounts, liquidating assets, hiding or destroying financial 13
documents, or conducting any unusual financial activities; 14
(e) Applying for a passport or visa or obtaining 15
travel documents for the respondent, a family member, or the 16
child; or 17
(f) Seeking to obtain the child's birth certificate or 18
school or medical records; 19
(4) Has engaged in domestic violence, stalking, or 20
child abuse or neglect; 21 SB 143 119
(5) Has refused to follow a child custody 22
determination; 23
(6) Lacks strong familial, financial, emotional, or 24
cultural ties to the state or the United States; 25
(7) Has strong familial, financial, emotional, or 26
cultural ties to another state or country; 27
(8) Is likely to take the child to a country that: 28
(a) Is not a party to the Hague Convention on the 29
Civil Aspects of International Child Abduction and does not 30
provide for the extradition of an abducting parent or for 31
the return of an abducted child; 32
(b) Is a party to the Hague Convention on the Civil 33
Aspects of International Child Abduction but: 34
a. The Hague Convention on the Civil Aspects of 35
International Child Abduction is not in force between the 36
United States and that country; 37
b. Is noncompliant according to the most recent 38
compliance report issued by the United States Department of 39
State; or 40
c. Lacks legal mechanisms for immediately and 41
effectively enforcing a return order under the Hague 42
Convention on the Civil Aspects of International Child 43
Abduction; 44
(c) Poses a risk that the child's physical or 45
emotional health or safety would be endangered in the 46
country because of specific circumstances relating to the 47
child or because of human rights violations committed 48
against children; 49
(d) Has laws or practices that would: 50
a. Enable the respondent, without due cause, to 51
prevent the petitioner from contacting the child; 52 SB 143 120
b. Restrict the petitioner from freely traveling to or 53
exiting from the country because of the petitioner's sex, 54
nationality, marital status, or religion; or 55
c. Restrict the child's ability legally to leave the 56
country after the child reaches the age of majority because 57
of a child's sex, nationality, or religion; 58
(e) Is included by the United States Department of 59
State on a current list of state sponsors of terrorism; 60
(f) Does not have an official United States diplomatic 61
presence in the country; or 62
(g) Is engaged in active military action or war, 63
including a civil war, to which the child may be exposed; 64
(9) Is undergoing a change in immigration or 65
citizenship status that would adversely affect the 66
respondent's ability to remain in the United States legally; 67
(10) Has had an application for United States 68
citizenship denied; 69
(11) Has forged or presented misleading or false 70
evidence on government forms or supporting documents to 71
obtain or attempt to obtain a passport, a visa, travel 72
documents, a Social Security card, a driver's license, or 73
other government-issued identification card or has made a 74
misrepresentation to the United States government; 75
(12) Has used multiple names to attempt to mislead or 76
defraud; or 77
(13) Has engaged in any other conduct the court 78
considers relevant to the risk of abduction. 79
2. In the hearing on a petition under sections 80
452.1100 to 452.1122, the court shall consider any evidence 81
that the respondent believed in good faith that the 82
respondent's conduct was necessary to avoid imminent harm to 83
the child or respondent and any other evidence that may be 84 SB 143 121
relevant to whether the respondent may be permitted to 85
remove or retain the child. 86
452.1114. 1. If a petition is filed under sections 1
452.1100 to 452.1122, the court may enter an order that 2
shall include: 3
(1) The basis for the court's exercise of jurisdiction; 4
(2) The manner in which notice and opportunity to be 5
heard were given to the persons entitled to notice of the 6
proceeding; 7
(3) A detailed description of each party's custody and 8
visitation rights and residential arrangements for the child; 9
(4) A provision stating that a violation of the order 10
may subject the party in violation to civil and criminal 11
penalties; and 12
(5) Identification of the child's country of habitual 13
residence at the time of the issuance of the order. 14
2. If, at a hearing on a petition under sections 15
452.1100 to 452.1122 or on the court's own motion, the court 16
after reviewing the evidence finds a credible risk of 17
abduction of the child, the court shall enter an abduction 18
prevention order. The order shall include the provisions 19
required by subsection 1 of this section and measures and 20
conditions, including those in subsections 3, 4, and 5 of 21
this section, that are reasonably calculated to prevent 22
abduction of the child, giving due consideration to the 23
potential harm to the child from an abduction, the legal and 24
practical difficulties of returning the child to the 25
jurisdiction if abducted, and the reasons for the potential 26
abduction, including evidence of domestic violence, 27
stalking, or child abuse or neglect. 28
3. An abduction prevention order may include one or 29
more of the following: 30 SB 143 122
(1) An imposition of travel restrictions that require 31
that a party traveling with the child outside a designated 32
geographical area provide the other party with the following: 33
(a) The travel itinerary of the child; 34
(b) A list of physical addresses and telephone numbers 35
at which the child can be reached at specified times; and 36
(c) Copies of all travel documents; 37
(2) A prohibition of the respondent directly or 38
indirectly: 39
(a) Removing the child from this state, the United 40
States, or another geographic area without permission of the 41
court or the petitioner's written consent; 42
(b) Removing or retaining the child in violation of a 43
child custody determination; 44
(c) Removing the child from school or a child care or 45
similar facility; or 46
(d) Approaching the child at any location other than a 47
site designated for supervised visitation; 48
(3) A requirement that a party register the order in 49
another state as a prerequisite to allowing the child to 50
travel to that state; 51
(4) With regard to the child's passport: 52
(a) A direction that the petitioner place the child's 53
name in the United States Department of State's Child 54
Passport Issuance Alert Program; 55
(b) A requirement that the respondent surrender to the 56
court or the petitioner's attorney any United States or 57
foreign passport issued in the child's name, including a 58
passport issued in the name of both the parent and the 59
child; and 60 SB 143 123
(c) A prohibition upon the respondent from applying on 61
behalf of the child for a new or replacement passport or 62
visa; 63
(5) As a prerequisite to exercising custody or 64
visitation, a requirement that the respondent provide: 65
(a) To the United States Department of State Office of 66
Children's Issues and the relevant foreign consulate or 67
embassy, an authenticated copy of the order detailing 68
passport and travel restrictions for the child; 69
(b) To the court: 70
a. Proof that the respondent has provided the 71
information in paragraph (a) of this subdivision; and 72
b. An acknowledgment in a record from the relevant 73
foreign consulate or embassy that no passport application 74
has been made, or passport issued, on behalf of the child; 75
(c) To the petitioner, proof of registration with the 76
United States Embassy or other United States diplomatic 77
presence in the destination country and with the Central 78
Authority for the Hague Convention on the Civil Aspects of 79
International Child Abduction, if that Convention is in 80
effect between the United States and the destination 81
country, unless one of the parties objects; and 82
(d) A written waiver under 5 U.S.C. Section 552a of 83
the Privacy Act of 1974, as amended, with respect to any 84
document, application, or other information pertaining to 85
the child authorizing its disclosure to the court and the 86
petitioner; and 87
(6) Upon the petitioner's request, a requirement that 88
the respondent obtain an order from the relevant foreign 89
country containing terms identical to the child custody 90
determination issued in the United States. 91 SB 143 124
4. In an abduction prevention order, the court may 92
impose conditions on the exercise of custody or visitation 93
that: 94
(1) Limit visitation or require that visitation with 95
the child by the respondent be supervised until the court 96
finds that supervision is no longer necessary and order the 97
respondent to pay the costs of supervision; 98
(2) Require the respondent to post a bond or provide 99
other security in an amount sufficient to serve as a 100
financial deterrent to abduction, the proceeds of which may 101
be used to pay for the reasonable expenses of recovery of 102
the child, including reasonable attorneys' fees and costs if 103
there is an abduction; and 104
(3) Require the respondent to obtain education on the 105
potentially harmful effects to the child from abduction. 106
5. To prevent imminent abduction of a child, a court 107
may: 108
(1) Issue a warrant to take physical custody of the 109
child; 110
(2) Direct the use of law enforcement to take any 111
action reasonably necessary to locate the child, obtain 112
return of the child, or enforce a custody determination 113
under sections 452.1100 to 452.1122 or the law of this state 114
other than sections 452.1100 to 452.1122; or 115
(3) Grant any other relief allowed under the law of 116
this state other than sections 452.1100 to 452.1122. 117
6. The remedies provided in sections 452.1100 to 118
452.1122 are cumulative and do not affect the availability 119
of other remedies to prevent abduction. 120
452.1118. An abduction prevention order remains in 1
effect until the earliest of: 2
(1) The time stated in the order; 3 SB 143 125
(2) The emancipation of the child; 4
(3) The child's attaining eighteen years of age; or 5
(4) The time the order is modified, revoked, vacated, 6
or superseded by a court with jurisdiction under sections 7
452.740, 452.745, and 452.750 and applicable law of this 8
state. 9
452.1120. In applying and construing sections 452.1100 1
to 452.1122, consideration shall be given to the need to 2
promote uniformity of the law with respect to its subject 3
matter among states that enact it. 4
452.1122. Sections 452.1100 to 452.1122 modifies, 1
limits, and supersedes the federal Electronic Signatures in 2
Global and National Commerce Act, 15 U.S.C. Section 7001, et 3
seq., but does not modify, limit, or supersede Section 4
101(c) of the act, 15 U.S.C. Section 7001(c), or authorize 5
electronic delivery of any of the notices described in 6
Section 103(b) of that act, 15 U.S.C. Section 7003(b). 7
454.1050. 1. This section shall be known and may be 1
cited as "Bentley and Mason's Law". 2
2. The court may order a defendant convicted of the 3
offense of driving while intoxicated to pay restitution for 4
a child whose parent or guardian died as a result of such 5
offense. 6
3. Notwithstanding any provision of law under chapter 7
559 relating to restitution, and subject to subsection 4 of 8
this section, the court shall determine a monthly amount to 9
be paid for the support of the child until the child reaches 10
eighteen years of age or has graduated from high school, 11
whichever is later. 12
4. The defendant shall not be required to pay 13
restitution under this section to an individual who is 14
nineteen years of age or older. 15 SB 143 126
5. The court shall order the defendant to pay 16
restitution in an amount that is reasonable and necessary to 17
support the child, considering all relevant factors, 18
including: 19
(1) The financial needs and resources of the child; 20
(2) The financial needs and resources of the surviving 21
parent or guardian or other current guardian of the child, 22
including the state if the state is the guardian; 23
(3) The standard of living to which the child is 24
accustomed; 25
(4) The physical and emotional condition of the child 26
and the child's educational needs; 27
(5) The child's physical and legal custody 28
arrangements; 29
(6) The reasonable work-related child care expenses of 30
the surviving parent or guardian or other current guardian, 31
if applicable; and 32
(7) The financial resources of the defendant. 33
6. The order of restitution under this section shall 34
require restitution payments to be: 35
(1) Delivered in the manner described under subsection 36
7 of this section, as appropriate; and 37
(2) Directed to the parent or guardian of the child or 38
the state, as applicable. 39
7. The order of restitution under this section shall 40
require the defendant to: 41
(1) Make restitution directly to the person or agency 42
that will accept and forward restitution payments to the 43
victim or other person eligible for restitution under this 44
section; or 45
(2) Deliver the amount due as restitution to the 46
division of probation and parole or to the department of 47 SB 143 127
corrections for transfer to the victim, or person, or state, 48
as appropriate. 49
8. If a defendant ordered to pay restitution under 50
this section is unable to make the required restitution 51
payments because the defendant is confined or imprisoned in 52
a correctional facility, the defendant shall begin payments 53
no later than the first anniversary of the date of the 54
defendant's release from the facility. The defendant may 55
enter into a payment plan to address any arrearage that 56
exists on the date of the defendant's release. The 57
defendant shall pay all arrearages regardless of whether the 58
restitution payments were scheduled to terminate while the 59
defendant was confined or imprisoned in the correctional 60
facility. 61
9. The amount of restitution paid under this section 62
shall be deducted from any civil judgment against the 63
defendant and shall not be construed to abrogate any common 64
law cause of action. 65
10. A restitution order issued under this section may 66
be enforced by the office of the attorney general, or by a 67
person or a parent or guardian of the person named in the 68
order to receive the restitution, in the same manner as a 69
judgment in a civil action. 70
455.010. As used in this chapter, unless the context 1
clearly indicates otherwise, the following terms shall mean: 2
(1) "Abuse", includes but is not limited to the 3
occurrence of any of the following acts, attempts or threats 4
against a person who may be protected pursuant to this 5
chapter, except abuse shall not include abuse inflicted on a 6
child by accidental means by an adult household member or 7
discipline of a child, including spanking, in a reasonable 8
manner: 9 SB 143 128
(a) "Abusing a pet", purposely or knowingly causing, 10
attempting to cause, or threatening to cause physical injury 11
to a pet with the intent to control, punish, intimidate, or 12
distress the petitioner; 13
(b) "Assault", purposely or knowingly placing or 14
attempting to place another in fear of physical harm; 15
(c) "Battery", purposely or knowingly causing physical 16
harm to another with or without a deadly weapon; 17
(d) "Coercion", compelling another by force or threat 18
of force to engage in conduct from which the latter has a 19
right to abstain or to abstain from conduct in which the 20
person has a right to engage; 21
(e) "Harassment", engaging in a purposeful or knowing 22
course of conduct involving more than one incident that 23
alarms or causes distress to an adult or child and serves no 24
legitimate purpose. The course of conduct must be such as 25
would cause a reasonable adult or child to suffer 26
substantial emotional distress and must actually cause 27
substantial emotional distress to the petitioner or child. 28
Such conduct might include, but is not limited to: 29
a. Following another about in a public place or places; 30
b. Peering in the window or lingering outside the 31
residence of another; but does not include constitutionally 32
protected activity; 33
(f) "Sexual assault", causing or attempting to cause 34
another to engage involuntarily in any sexual act by force, 35
threat of force, duress, or without that person's consent; 36
(g) "Unlawful imprisonment", holding, confining, 37
detaining or abducting another person against that person's 38
will; 39
(2) "Adult", any person [seventeen] eighteen years of 40
age or older or otherwise emancipated; 41 SB 143 129
(3) "Child", any person under [seventeen] eighteen 42
years of age unless otherwise emancipated; 43
(4) "Court", the circuit or associate circuit judge or 44
a family court commissioner; 45
(5) "Domestic violence", abuse or stalking committed 46
by a family or household member, as such terms are defined 47
in this section; 48
(6) "Ex parte order of protection", an order of 49
protection issued by the court before the respondent has 50
received notice of the petition or an opportunity to be 51
heard on it; 52
(7) "Family" or "household member", spouses, former 53
spouses, any person related by blood or marriage, persons 54
who are presently residing together or have resided together 55
in the past, any person who is or has been in a continuing 56
social relationship of a romantic or intimate nature with 57
the victim, and anyone who has a child in common regardless 58
of whether they have been married or have resided together 59
at any time; 60
(8) "Full order of protection", an order of protection 61
issued after a hearing on the record where the respondent 62
has received notice of the proceedings and has had an 63
opportunity to be heard; 64
(9) "Order of protection", either an ex parte order of 65
protection or a full order of protection; 66
(10) "Pending", exists or for which a hearing date has 67
been set; 68
(11) "Pet", a living creature maintained by a 69
household member for companionship and not for commercial 70
purposes; 71
(12) "Petitioner", a family or household member who 72
has been a victim of domestic violence, or any person who 73 SB 143 130
has been the victim of stalking or sexual assault, or a 74
person filing on behalf of a child pursuant to section 75
455.503 who has filed a verified petition pursuant to the 76
provisions of section 455.020 or section 455.505; 77
(13) "Respondent", the family or household member 78
alleged to have committed an act of domestic violence, or 79
person alleged to have committed an act of stalking or 80
sexual assault, against whom a verified petition has been 81
filed or a person served on behalf of a child pursuant to 82
section 455.503; 83
(14) "Sexual assault", as defined under subdivision 84
(1) of this section; 85
(15) "Stalking", is when any person purposely engages 86
in an unwanted course of conduct that causes alarm to 87
another person, or a person who resides together in the same 88
household with the person seeking the order of protection 89
when it is reasonable in that person's situation to have 90
been alarmed by the conduct. As used in this subdivision: 91
(a) "Alarm", to cause fear of danger of physical harm; 92
and 93
(b) "Course of conduct", two or more acts that serve 94
no legitimate purpose including, but not limited to, acts in 95
which the stalker directly, indirectly, or through a third 96
party follows, monitors, observes, surveils, threatens, or 97
communicates to a person by any action, method, or device. 98
455.035. 1. Upon the filing of a verified petition 1
pursuant to sections 455.010 to 455.085 and for good cause 2
shown in the petition, the court may immediately issue an ex 3
parte order of protection. An immediate and present danger 4
of domestic violence to the petitioner or the child on whose 5
behalf the petition is filed shall constitute good cause for 6
purposes of this section. An ex parte order of protection 7 SB 143 131
entered by the court shall take effect when entered and 8
shall remain in effect until there is valid service of 9
process and a hearing is held on the motion. The court 10
shall deny the ex parte order and dismiss the petition if 11
the petitioner is not authorized to seek relief pursuant to 12
section 455.020. 13
2. Failure to serve an ex parte order of protection on 14
the respondent shall not affect the validity or 15
enforceability of such order. If the respondent is less 16
than [seventeen] eighteen years of age, unless otherwise 17
emancipated, service of process shall be made upon a 18
custodial parent or guardian of the respondent, or upon a 19
guardian ad litem appointed by the court, requiring that the 20
person appear and bring the respondent before the court at 21
the time and place stated. 22
3. If an ex parte order is entered and the respondent 23
is less than [seventeen] eighteen years of age, the court 24
shall transfer the case to juvenile court for a hearing on a 25
full order of protection. The court shall appoint a 26
guardian ad litem for any such respondent not represented by 27
a parent or guardian. 28
455.098. 1. Upon the request of the victim or the 1
prosecuting or circuit attorney, a court shall have 2
jurisdiction at the time of sentencing to enter a lifetime 3
protection order restraining or enjoining the defendant from 4
contacting the victim if the defendant has been found guilty 5
of a dangerous felony, as defined in section 556.061. The 6
protection order shall be effective immediately and shall be 7
served on the defendant at the time of sentencing. An order 8
issued pursuant to this section shall not expire and is 9
valid for the defendant's lifetime unless: 10 SB 143 132
(1) The defendant makes a showing to the court that 11
the victim has died or the conviction has been dismissed, 12
expunged, or overturned or the defendant has been pardoned; 13
or 14
(2) The victim submits a written request to the court 15
for an early expiration upon which the court may hold a 16
hearing to terminate the order. 17
2. A copy of any order of protection granted pursuant 18
to this section shall be issued to the victim and to the 19
local law enforcement agency in the jurisdiction where the 20
victim resides. The court shall provide all necessary 21
information, including the defendant's relationship to the 22
victim, for entry of the order of protection into the 23
Missouri Uniform Law Enforcement System (MULES) and the 24
National Crime Information Center (NCIC). Upon receiving 25
the order under this subsection, the sheriff shall make the 26
entry into MULES within twenty-four hours. MULES shall 27
forward the order information to NCIC, which will in turn 28
make the order viewable within the National Instant Criminal 29
Background Check System (NICS). The sheriff shall enter 30
information contained in the order, including, but not 31
limited to, any orders regarding child custody or visitation 32
and all specifics as to times and dates of custody or 33
visitation that are provided in the order. A notice of 34
termination of any order of protection or any change in 35
child custody or visitation within that order shall be 36
issued to the local law enforcement agency for entry into 37
MULES or any other comparable law enforcement system. The 38
information contained in an order of protection may be 39
entered into MULES or any other comparable law enforcement 40
system using a direct automated data transfer from the court 41
automated system to the law enforcement system. 42 SB 143 133
455.513. 1. The court may immediately issue an ex 1
parte order of protection upon the filing of a verified 2
petition under sections 455.500 to 455.538, for good cause 3
shown in the petition, and upon finding that: 4
(1) No prior order regarding custody involving the 5
respondent and the child is pending or has been made; or 6
(2) The respondent is less than [seventeen] eighteen 7
years of age. 8
An immediate and present danger of domestic violence, 9
including danger to the child's pet, stalking, or sexual 10
assault to a child shall constitute good cause for purposes 11
of this section. An ex parte order of protection entered by 12
the court shall be in effect until the time of the hearing. 13
The court shall deny the ex parte order and dismiss the 14
petition if the petitioner is not authorized to seek relief 15
pursuant to section 455.505. 16
2. Upon the entry of the ex parte order of protection, 17
the court shall enter its order appointing a guardian ad 18
litem or court-appointed special advocate to represent the 19
child victim. 20
3. If the allegations in the petition would give rise 21
to jurisdiction under section 211.031, the court may direct 22
the children's division to conduct an investigation and to 23
provide appropriate services. The division shall submit a 24
written investigative report to the court and to the 25
juvenile officer within thirty days of being ordered to do 26
so. The report shall be made available to the parties and 27
the guardian ad litem or court-appointed special advocate. 28
4. If the allegations in the petition would give rise 29
to jurisdiction under section 211.031 because the respondent 30
is less than [seventeen] eighteen years of age, the court 31 SB 143 134
may issue an ex parte order and shall transfer the case to 32
juvenile court for a hearing on a full order of protection. 33
Service of process shall be made pursuant to section 455.035. 34
478.001. 1. For purposes of sections 478.001 to 1
478.009, the following terms shall mean: 2
(1) "Adult treatment court", a treatment court focused 3
on addressing the substance use disorder or co-occurring 4
disorder of defendants charged with a criminal offense; 5
(2) "Community-based substance use disorder treatment 6
program", an agency certified by the department of mental 7
health as a substance use disorder treatment provider; 8
(3) "Co-occurring disorder", the coexistence of both a 9
substance use disorder and a mental health disorder; 10
(4) "DWI court", a treatment court focused on 11
addressing the substance use disorder or co-occurring 12
disorder of defendants who have pleaded guilty to or been 13
found guilty of driving while intoxicated or driving with 14
excessive blood alcohol content; 15
(5) "Family treatment court", a treatment court 16
focused on addressing a substance use disorder or co- 17
occurring disorder existing in families in the juvenile 18
court, family court, or criminal court in which a parent or 19
other household member has been determined to have a 20
substance use disorder or co-occurring disorder that impacts 21
the safety and well-being of the children in the family; 22
(6) "Juvenile treatment court", a treatment court 23
focused on addressing the substance use disorder or co- 24
occurring disorder of juveniles in the juvenile court; 25
(7) "Medication-assisted treatment", the use of 26
pharmacological medications, in combination with counseling 27
and behavioral therapies, to provide a whole-patient 28
approach to the treatment of substance use disorders; 29 SB 143 135
(8) "Mental health court", a treatment court focused 30
on addressing the mental health disorder or co-occurring 31
disorder of defendants charged with a criminal offense; 32
(9) "Mental health disorder", any organic, mental, or 33
emotional impairment that has substantial adverse effects on 34
a person's cognitive, volitional, or emotional function and 35
that constitutes a substantial impairment in a person's 36
ability to participate in activities of normal living; 37
[(9)] (10) "Risk and needs assessment", an actuarial 38
tool, approved by the treatment courts coordinating 39
commission and validated on a targeted population of drug- 40
involved adult offenders, scientifically proven to determine 41
a person's risk to recidivate and to identify criminal risk 42
factors that, when properly addressed, can reduce that 43
person's likelihood of committing future criminal behavior; 44
[(10)] (11) "Substance use disorder", the recurrent 45
use of alcohol or drugs that causes clinically significant 46
impairment, including health problems, disability, and 47
failure to meet major responsibilities at work, school, or 48
home; 49
[(11)] (12) "Treatment court commissioner", a person 50
appointed by a majority of the circuit and associate circuit 51
judges in a circuit to preside as the judicial officer in 52
the treatment court division; 53
[(12)] (13) "Treatment court division", a specialized, 54
nonadversarial court division with jurisdiction over cases 55
involving substance-involved offenders and making extensive 56
use of comprehensive supervision, drug or alcohol testing, 57
and treatment services. Treatment court divisions include, 58
but are not limited to, the following specialized courts: 59
adult treatment court, DWI court, family treatment court, 60 SB 143 136
juvenile treatment court, mental health court, veterans 61
treatment court, or any combination thereof; 62
[(13)] (14) "Treatment court team", the following 63
members who are assigned to the treatment court: the judge 64
or treatment court commissioner, treatment court 65
administrator or coordinator, prosecutor, public defender or 66
member of the criminal defense bar, a representative from 67
the division of probation and parole, a representative from 68
law enforcement, substance use disorder or mental health 69
disorder treatment providers, and any other person selected 70
by the treatment court team; 71
[(14)] (15) "Veterans treatment court", a treatment 72
court focused on substance use disorders, co-occurring 73
disorders, or mental health disorders of defendants charged 74
with a criminal offense who are military veterans or current 75
military personnel. 76
2. A treatment court division shall be established, 77
prior to August 28, 2021, by any circuit court pursuant to 78
sections 478.001 to 478.009 to provide an alternative for 79
the judicial system to dispose of cases which stem from, or 80
are otherwise impacted by, a substance use disorder or 81
mental health disorder. The treatment court division may 82
include, but not be limited to, cases assigned to an adult 83
treatment court, DWI court, family treatment court, juvenile 84
treatment court, mental health court, veterans treatment 85
court, or any combination thereof. A treatment court shall 86
combine judicial supervision, drug or alcohol testing, and 87
treatment of participants. Except for good cause found by 88
the court, a treatment court making a referral for substance 89
use disorder or mental health disorder treatment, when such 90
program will receive state or federal funds in connection 91
with such referral, shall refer the person only to a program 92 SB 143 137
which is certified by the department of mental health, 93
unless no appropriate certified treatment program is located 94
within the same county as the treatment court. Upon 95
successful completion of the treatment court program, the 96
charges, petition, or penalty against a treatment court 97
participant may be dismissed, reduced, or modified, unless 98
otherwise stated. Any fees received by a court from a 99
defendant as payment for substance or mental health 100
treatment programs shall not be considered court costs, 101
charges or fines. 102
3. An adult treatment court may be established by any 103
circuit court [under sections 478.001 to 478.009] to provide 104
an alternative for the judicial system to dispose of cases 105
which stem from substance use. 106
4. [Under sections 478.001 to 478.009,] A DWI court 107
may be established by any circuit court to provide an 108
alternative for the judicial system to dispose of cases that 109
stem from driving while intoxicated. 110
5. A family treatment court may be established by any 111
circuit court. The juvenile division of the circuit court 112
or the family court, if one is established under section 113
487.010, may refer one or more parents or other household 114
members subject to its jurisdiction to the family treatment 115
court if he or she has been determined to have a substance 116
use disorder or co-occurring disorder that impacts the 117
safety and well-being of the children in the family. 118
6. A juvenile treatment court may be established by 119
the juvenile division of any circuit court. The juvenile 120
division may refer a juvenile to the juvenile treatment 121
court if the juvenile is determined to have committed acts 122
that violate the criminal laws of the state or ordinances of 123
a municipality or county and a substance use disorder or co- 124 SB 143 138
occurring disorder contributed to the commission of the 125
offense. 126
7. The general assembly finds and declares that it is 127
the public policy of this state to encourage and provide an 128
alternative method for the disposal of cases for military 129
veterans and current military personnel with substance use 130
disorders, mental health disorders, or co-occurring 131
disorders. In order to effectuate this public policy, a 132
veterans treatment court may be established by any circuit 133
court, or combination of circuit courts upon agreement of 134
the presiding judges of such circuit courts, to provide an 135
alternative for the judicial system to dispose of cases that 136
stem from a substance use disorder, mental health disorder, 137
or co-occurring disorder of military veterans or current 138
military personnel. A veterans treatment court shall 139
combine judicial supervision, drug or alcohol testing, and 140
substance use and mental health disorder treatment to 141
participants who have served or are currently serving the 142
United States Armed Forces, including members of the 143
Reserves or National Guard, with preference given to 144
individuals who have combat service. For the purposes of 145
this section, combat service shall be shown through military 146
service documentation that reflects service in a combat 147
theater, receipt of combat service medals, or receipt of 148
imminent danger or hostile fire pay or tax benefits. Except 149
for good cause found by the court, a veterans treatment 150
court shall make a referral for substance use or mental 151
health disorder treatment, or a combination of substance use 152
and mental health disorder treatment, through the Department 153
of Defense health care, the Veterans Administration, or a 154
community-based substance use disorder treatment program. 155
Community-based programs utilized shall receive state or 156 SB 143 139
federal funds in connection with such referral and shall 157
only refer the individual to a program certified by the 158
department of mental health, unless no appropriate certified 159
treatment program is located within the same circuit as the 160
veterans treatment court. 161
8. A mental health court may be established by any 162
circuit court to provide an alternative for the judicial 163
system to dispose of cases that stem from a mental health 164
disorder or co-occurring disorder. 165
490.692. 1. Any records or copies of records 1
reproduced in the ordinary course of business by any 2
photographic, photostatic, microfilm, microcard, miniature 3
photographic, optical disk imaging, or other process which 4
accurately reproduces or forms a durable medium for so 5
reproducing the original that would be admissible under 6
sections 490.660 to 490.690 shall be admissible as a 7
business record, subject to other substantive or procedural 8
objections, in any court in this state upon the affidavit of 9
the person who would otherwise provide the prerequisites of 10
sections 490.660 to 490.690, that the records attached to 11
the affidavit were kept as required by section 490.680. 12
2. No party shall be permitted to offer such business 13
records into evidence pursuant to this section unless all 14
other parties to the action have been served with copies of 15
such records and such affidavit at least seven days prior to 16
the day upon which trial of the cause commences. 17
3. The affidavit permitted by this section may be in 18
form and content substantially as follows: 19
20 THE STATE OF ______
21 COUNTY OF ______
22 AFFIDAVIT SB 143 140
4. Notwithstanding any other provision of law to the 49
contrary, an affidavit offered pursuant to this section 50
shall not be deemed invalid for the reason that it utilizes 51
an electronic signature or digital signature. 52
5. Notwithstanding any other provision of law to the 53
contrary, an affidavit offered pursuant to this section 54
shall not be deemed invalid for the reason that it does not 55
include a notarization. 56
23
24
25
Before me, the undersigned authority, personally
appeared ______, who, being by me duly sworn,
deposed as follows:
26
27
28
My name is ______, I am of sound mind, capable of
making this affidavit, and personally acquainted with the facts herein stated:
29
30
31
32
33
34
35
36
37
38
39
40
41
I am the custodian of the records of ______.
Attached hereto are ______ pages of records from ______. These ______ pages of records are kept by
______ in the regular course of business, and it
was the regular course of business of ______ for an
employee or representative of ______ with knowledge
of the act, event, condition, opinion, or diagnosis
recorded to make the record or to transmit
information thereof to be included in such record;
and the record was made at or near the time of the
act, event, condition, opinion or diagnosis. The
records attached hereto are the original or exact
duplicates of the original.
42 __________________
43 Affiant
44
45
46
[In witness whereof I have hereunto subscribed my
name and affixed my official seal this ______ day
of ______, 20______.
47 __________________ __________________
48 (Signed) (Seal)] SB 143 141
6. Notwithstanding any other provision of law to the 57
contrary, an affidavit offered pursuant to this section 58
shall be signed in a manner that, if falsely made, would 59
subject the signer to criminal penalties pursuant to section 60
575.040. 61
491.075. 1. A statement made by a child under the age 1
of [fourteen] eighteen, or a vulnerable person, relating to 2
an offense under chapter 565, 566, 568 or 573, performed by 3
another, not otherwise admissible by statute or court rule, 4
is admissible in evidence in criminal proceedings in the 5
courts of this state as substantive evidence to prove the 6
truth of the matter asserted if: 7
(1) The court finds, in a hearing conducted outside 8
the presence of the jury that the time, content and 9
circumstances of the statement provide sufficient indicia of 10
reliability; and 11
(2) (a) The child or vulnerable person testifies at 12
the proceedings; or 13
(b) The child or vulnerable person is unavailable as a 14
witness; or 15
(c) The child or vulnerable person is otherwise 16
physically available as a witness but the court finds that 17
the significant emotional or psychological trauma which 18
would result from testifying in the personal presence of the 19
defendant makes the child or vulnerable person unavailable 20
as a witness at the time of the criminal proceeding. 21
2. Notwithstanding subsection 1 of this section or any 22
provision of law or rule of evidence requiring corroboration 23
of statements, admissions or confessions of the defendant, 24
and notwithstanding any prohibition of hearsay evidence, a 25
statement by a child when under the age of [fourteen] 26
eighteen, or a vulnerable person, who is alleged to be 27 SB 143 142
victim of an offense under chapter 565, 566, 568 or 573 is 28
sufficient corroboration of a statement, admission or 29
confession regardless of whether or not the child or 30
vulnerable person is available to testify regarding the 31
offense. 32
3. A statement may not be admitted under this section 33
unless the prosecuting attorney makes known to the accused 34
or the accused's counsel his or her intention to offer the 35
statement and the particulars of the statement sufficiently 36
in advance of the proceedings to provide the accused or the 37
accused's counsel with a fair opportunity to prepare to meet 38
the statement. 39
4. Nothing in this section shall be construed to limit 40
the admissibility of statements, admissions or confessions 41
otherwise admissible by law. 42
5. For the purposes of this section, "vulnerable 43
person" shall mean a person who, as a result of an 44
inadequately developed or impaired intelligence or a 45
psychiatric disorder that materially affects ability to 46
function, lacks the mental capacity to consent, or whose 47
developmental level does not exceed that of an ordinary 48
child of [fourteen] seventeen years of age. 49
491.641. 1. (1) There is hereby created in the state 1
treasury the "Pretrial Witness Protection Services Fund", 2
which shall consist of moneys collected under this section. 3
The state treasurer shall be custodian of the fund. In 4
accordance with sections 30.170 and 30.180, the state 5
treasurer may approve disbursements. The fund shall be a 6
dedicated fund and money in the fund shall be used solely by 7
the department of public safety for the purposes of witness 8
protection services pursuant to this section. 9 SB 143 143
(2) Notwithstanding the provisions of section 33.080 10
to the contrary, any moneys remaining in the fund at the end 11
of the biennium shall not revert to the credit of the 12
general revenue fund. 13
(3) The state treasurer shall invest moneys in the 14
fund in the same manner as other funds are invested. Any 15
interest and moneys earned on such investments shall be 16
credited to the fund. 17
2. Any law enforcement agency and any prosecuting or 18
circuit attorney's office may provide for the security of 19
witnesses, potential witnesses, and their immediate families 20
in criminal proceedings instituted or investigations pending 21
against a person alleged to have engaged in a violation of 22
state law. Providing for witnesses may include provision of 23
housing facilities and for the health, safety, and welfare 24
of such witnesses and their immediate families, if testimony 25
by such a witness might subject the witness or a member of 26
his or her immediate family to danger of bodily injury, and 27
may continue so long as such danger exists. Subject to 28
appropriations from the general assembly for the purposes 29
provided for in this section, funds may be appropriated from 30
the pretrial witness protection services fund. 31
3. The department of public safety may authorize funds 32
to be disbursed to law enforcement agencies and prosecuting 33
or circuit attorney's offices for the purchase, rental, or 34
modification of protected housing facilities for the purpose 35
of this section. The law enforcement agency or prosecuting 36
or circuit attorney's office may contract with any 37
department of federal or state government to obtain or to 38
provide the facilities or services to carry out this section. 39
4. The department of public safety may authorize 40
expenditures for law enforcement agencies and prosecuting or 41 SB 143 144
circuit attorney's offices to provide for the health, 42
safety, and welfare of witnesses and victims, and the 43
families of such witnesses and victims, whenever testimony 44
from, or a willingness to testify by, such a witness or 45
victim would place the life of such person, or a member of 46
his or her family or household, in jeopardy. [A law 47
enforcement agency shall submit an application to the 48
department of public safety which shall include, but not 49
necessarily be limited to: 50
(1) Statement of conditions which qualify persons for 51
protection; 52
(2) Precise methods the originating agency will use to 53
provide protection, including relocation of persons and 54
reciprocal agreements with other law enforcement agencies; 55
(3) Statement of the projected costs over a specified 56
period of time; 57
(4) If the requesting agency expects the person to 58
provide evidence in any court of competent jurisdiction: 59
(a) Brief statement of the anticipated evidence; 60
(b) Certification of a reasonable belief in the 61
person's competency to give evidence; 62
(c) Statement of facts supporting the law enforcement 63
agency's belief in the accuracy of the evidence; and 64
(d) Any offer made in exchange for the person agreeing 65
to give evidence.] Law enforcement agencies and prosecuting 66
or circuit attorney's offices seeking reimbursement shall 67
submit an application to be approved by the department of 68
public safety. 69
5. The application and any associated documents 70
submitted in subsection 4 of this section shall be a closed 71
record and not subject to disclosure under the provisions of 72
chapter 610. Any information contained in the application[, 73 SB 143 145
or] and any other documents, which reveals or could reveal 74
the location or address of the individual or individuals who 75
qualify for services under this section shall be 76
confidential and shall not be disclosed by any entity. 77
492.304. 1. In addition to the admissibility of a 1
statement under the provisions of section 492.303, the 2
visual and aural recording of a verbal or nonverbal 3
statement of a child when under the age of [fourteen] 4
eighteen [who is alleged to be a victim of] or a vulnerable 5
person, relating to an offense under the provisions of 6
chapter 565, 566 [or], 568 or 573 if performed by another, 7
is admissible into evidence if: 8
(1) No attorney for either party was present when the 9
statement was made; except that, for any statement taken at 10
a state-funded child assessment center as provided for in 11
subsection 2 of section 210.001, an attorney representing 12
the state of Missouri in a criminal investigation may, as a 13
member of a multidisciplinary investigation team, observe 14
the taking of such statement, but such attorney shall not be 15
present in the room where the interview is being conducted; 16
(2) The recording is both visual and aural and is 17
recorded on film or videotape or by other electronic means; 18
(3) The recording equipment was capable of making an 19
accurate recording, the operator of the equipment was 20
competent, and the recording is accurate and has not been 21
altered; 22
(4) The statement was not made in response to 23
questioning calculated to lead the child or vulnerable 24
person to make a particular statement or to act in a 25
particular way; 26
(5) Every voice on the recording is identified; 27 SB 143 146
(6) The person conducting the interview of the child 28
or vulnerable person in the recording is present at the 29
proceeding and available to testify or be cross-examined by 30
either party; and 31
(7) The defendant or the attorney for the defendant is 32
afforded an opportunity to view the recording before it is 33
offered into evidence. 34
2. If the child or vulnerable person does not testify 35
at the proceeding, the visual and aural recording of a 36
verbal or nonverbal statement of the child or vulnerable 37
person shall not be admissible under this section unless the 38
recording qualifies for admission under section 491.075. 39
3. If the visual and aural recording of a verbal or 40
nonverbal statement of a child or vulnerable person is 41
admissible under this section and the child or vulnerable 42
person testifies at the proceeding, it shall be admissible 43
in addition to the testimony of the child or vulnerable 44
person at the proceeding whether or not it repeats or 45
duplicates the child's or vulnerable person's testimony. 46
4. As used in this section, a nonverbal statement 47
shall be defined as any demonstration of the child or 48
vulnerable person by his or her actions, facial expressions, 49
demonstrations with a doll or other visual aid whether or 50
not this demonstration is accompanied by words. 51
5. For the purposes of this section, "vulnerable 52
person" shall mean a person who, as a result of an 53
inadequately developed or impaired intelligence or a 54
psychiatric disorder that materially affects the ability to 55
function, lacks the mental capacity to consent, or whose 56
developmental level does not exceed that of an ordinary 57
child of seventeen years of age. 58 SB 143 147
509.520. 1. Notwithstanding any provision of law to 1
the contrary, beginning August 28, 2023, pleadings, 2
attachments, exhibits filed with the court in any case, as 3
well as any judgments or orders issued by the court, or 4
other records of the court shall not include the following 5
confidential and personal identifying information: 6
(1) The full Social Security number of any party or 7
any child; 8
(2) The full credit card number, financial institution 9
account number, personal identification number, or password 10
used to secure an account of any party; 11
(3) The full motor vehicle operator license number; 12
(4) [Victim] Information[, including the name, 13
address, and other contact information of the] concerning a 14
victim or witness in a criminal case that is confidential as 15
otherwise provided by statute or as prescribed in the 16
Missouri supreme court rules of criminal procedure or 17
operating rules; 18
(5) [Witness information, including the name, address, 19
and other contact information of the witness ; 20
(6)] Any other full state identification number; 21
[(7)] (6) The name, address, and date of birth of a 22
minor and, if applicable, any next friend; [or 23
(8)] (7) The full date of birth of any party; however, 24
the year of birth shall be made available, except for a 25
minor; or 26
(8) Any other information redacted for good cause by 27
order of the court. 28
2. The information provided under subsection 1 of this 29
section shall be provided in a confidential information 30
filing sheet contemporaneously filed with the court or 31 SB 143 148
entered by the court, which shall not be subject to public 32
inspection or availability. 33
3. Nothing in this section shall preclude an entity 34
including, but not limited to, a financial institution, 35
insurer, insurance support organization, or consumer 36
reporting agency that is otherwise permitted by law to 37
access state court records from using a person's unique 38
identifying information to match such information contained 39
in a court record to validate that person's record. 40
4. The Missouri supreme court shall promulgate rules 41
to administer this section. 42
5. Contemporaneously with the filing of every petition 43
for dissolution of marriage, legal separation, motion for 44
modification, action to establish paternity, and petition or 45
motion for support or custody of a minor child, the filing 46
party shall file a confidential case filing sheet with the 47
court which shall not be subject to public inspection and 48
which provides: 49
(1) The name and address of the current employer and 50
the Social Security number of the petitioner or movant, if a 51
person; 52
(2) If known to the petitioner or movant, the name and 53
address of the current employer and the Social Security 54
number of the respondent; and 55
(3) The names, dates of birth, and Social Security 56
numbers of any children subject to the action. 57
6. Contemporaneously with the filing of every 58
responsive pleading petition for dissolution of marriage, 59
legal separation, motion for modification, action to 60
establish paternity, and petition or motion for support or 61
custody of a minor child, the responding party shall file a 62 SB 143 149
confidential case filing sheet with the court which shall 63
not be subject to public inspection and which provides: 64
(1) The name and address of the current employer and 65
the Social Security number of the responding party, if a 66
person; 67
(2) If known to the responding party, the name and 68
address of the current employer and the Social Security 69
number of the petitioner or movant; and 70
(3) The names, dates of birth, and Social Security 71
numbers of any children subject to the action. 72
7. The full Social Security number of any party or 73
child subject to an order of custody or support shall be 74
retained by the court on the confidential case filing sheet 75
or other confidential record maintained in conjunction with 76
the administration of the case. The full credit card number 77
or other financial account number of any party may be 78
retained by the court on a confidential record if it is 79
necessary to maintain the number in conjunction with the 80
administration of the case. 81
8. Any document described in subsection 1 of this 82
section shall, in lieu of the full number, include only the 83
last four digits of any such number. 84
9. Except as provided in section 452.430, the clerk 85
shall not be required to redact any document described in 86
subsection 1 of this section issued or filed before August 87
28, 2009, prior to releasing the document to the public. 88
10. For good cause shown, the court may release 89
information contained on the confidential case filing sheet; 90
except that, any state agency acting under authority of 91
chapter 454 shall have access to information contained 92
herein without court order in carrying out their official 93
duty. 94 SB 143 150
550.320. 1. As used in this section, the following 1
terms shall mean: 2
(1) "Department", the department of corrections of the 3
state of Missouri; 4
(2) "Jail reimbursement", a daily per diem paid by the 5
state for the reimbursement of time spent in custody. 6
2. Notwithstanding any other provision of law to the 7
contrary, whenever any person is sentenced to a term of 8
imprisonment in a correctional center, the department shall 9
reimburse the county or city not within a county for the 10
days the person spent in custody at a per diem cost, subject 11
to appropriation, but not to exceed thirty-seven dollars and 12
fifty cents per day per offender. The jail reimbursement 13
shall be subject to review and approval of the department. 14
The state shall pay the costs when: 15
(1) A person is sentenced to a term of imprisonment as 16
authorized by chapter 558; 17
(2) A person is sentenced pursuant to section 559.115; 18
(3) A person has his or her probation or parole 19
revoked because the offender has, or allegedly has, violated 20
any condition of the offender's probation or parole, and 21
such probation or parole is a consequence of a violation of 22
the law, or the offender is a fugitive from the state or 23
otherwise held at the request of the department regardless 24
of whether or not a warrant has been issued; or 25
(4) A person has a period of detention imposed 26
pursuant to section 559.026. 27
3. When the final determination of any criminal 28
prosecution shall be such as to render the state liable for 29
costs under existing laws, it shall be the duty of the 30
sheriff to certify to the clerk of the county or the chief 31
executive officer of the city not within a county the total 32 SB 143 151
number of days any offender who was a party in such case 33
remained in the jail. It shall then be the duty of the 34
county clerk or the chief executive officer of the city not 35
within the county to submit the total number of days spent 36
in custody to the department. The county clerk or chief 37
executive officer of the city not within the county may 38
submit claims to the department, no later than two years 39
from the date the claim became eligible for reimbursement. 40
4. The department shall determine if the expenses are 41
eligible pursuant to the provisions of this chapter and 42
remit any payment to the county or city not within a county 43
when the expenses are determined to be eligible. The 44
department shall establish, by rule, the process for 45
submission of claims. Any rule or portion of a rule, as 46
that term is defined in section 536.010, that is created 47
under the authority delegated in this section shall become 48
effective only if it complies with and is subject to all of 49
the provisions of chapter 536 and, if applicable, section 50
536.028. This section and chapter 536 are nonseverable and 51
if any of the powers vested with the general assembly 52
pursuant to chapter 536 to review, to delay the effective 53
date, or to disapprove and annul a rule are subsequently 54
held unconstitutional, then the grant of rulemaking 55
authority and any rule proposed or adopted after August 28, 56
2025, shall be invalid and void. 57
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 SB 143 152
(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 slides, 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 houses 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
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 collectively 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 SB 143 153
information on a computer system including both software 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 and 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 display 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
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 SB 143 154
(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 is 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
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 not 102
being held under guard by a person having the legal power 103 SB 143 155
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
(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 SB 143 156
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 defined 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 years 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 molestation 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 the 158
child for not less than one hundred twenty days under 159
section 565.153, endangering the welfare of a child in the 160
first degree, and an "intoxication-related traffic offense" 161
or "intoxication-related boating offense" if the person is 162
found to be a "habitual offender" or "habitual boating 163
offender" as such terms are defined in section 577.001; 164
(20) "Dangerous instrument", any instrument, article 165
or substance, which, under the circumstances in which it is 166 SB 143 157
used, is readily capable of causing death or other serious 167
physical injury; 168
(21) "Data", a representation of information, facts, 169
knowledge, concepts, or instructions prepared in a 170
formalized or other manner and intended for use in a 171
computer or computer network. Data may be in any form 172
including, but not limited to, printouts, microfiche, 173
magnetic storage media, punched cards and as may be stored 174
in the memory of a computer; 175
(22) "Deadly weapon", any firearm, loaded or unloaded, 176
or any weapon from which a shot, readily capable of 177
producing death or serious physical injury, may be 178
discharged, or a switchblade knife, dagger, billy club, 179
blackjack or metal knuckles; 180
(23) "Digital camera", a camera that records images in 181
a format which enables the images to be downloaded into a 182
computer; 183
(24) "Disability", a mental, physical, or 184
developmental impairment that substantially limits one or 185
more major life activities or the ability to provide 186
adequately for one's care or protection, whether the 187
impairment is congenital or acquired by accident, injury or 188
disease, where such impairment is verified by medical 189
findings; 190
(25) "Elderly person", a person sixty years of age or 191
older; 192
(26) "Felony", an offense so designated or an offense 193
for which persons found guilty thereof may be sentenced to 194
death or imprisonment for a term of more than one year; 195
(27) "Forcible compulsion" either: 196
(a) Physical force that overcomes reasonable 197
resistance; or 198 SB 143 158
(b) A threat, express or implied, that places a person 199
in reasonable fear of death, serious physical injury or 200
kidnapping of such person or another person; 201
(28) "Incapacitated", a temporary or permanent 202
physical or mental condition in which a person is 203
unconscious, unable to appraise the nature of his or her 204
conduct, or unable to communicate unwillingness to an act; 205
(29) "Infraction", a violation defined by this code or 206
by any other statute of this state if it is so designated or 207
if no sentence other than a fine, or fine and forfeiture or 208
other civil penalty, is authorized upon conviction; 209
(30) "Inhabitable structure", a vehicle, vessel or 210
structure: 211
(a) Where any person lives or carries on business or 212
other calling; or 213
(b) Where people assemble for purposes of business, 214
government, education, religion, entertainment, or public 215
transportation; or 216
(c) Which is used for overnight accommodation of 217
persons. 218
Any such vehicle, vessel, or structure is inhabitable 219
regardless of whether a person is actually present. If a 220
building or structure is divided into separately occupied 221
units, any unit not occupied by the actor is an inhabitable 222
structure of another; 223
(31) "Knowingly", when used with respect to: 224
(a) Conduct or attendant circumstances, means a person 225
is aware of the nature of his or her conduct or that those 226
circumstances exist; or 227 SB 143 159
(b) A result of conduct, means a person is aware that 228
his or her conduct is practically certain to cause that 229
result; 230
(32) "Law enforcement officer", any public servant 231
having both the power and duty to make arrests for 232
violations of the laws of this state, and federal law 233
enforcement officers authorized to carry firearms and to 234
make arrests for violations of the laws of the United States; 235
(33) "Misdemeanor", an offense so designated or an 236
offense for which persons found guilty thereof may be 237
sentenced to imprisonment for a term of which the maximum is 238
one year or less; 239
(34) "Of another", property that any entity, including 240
but not limited to any natural person, corporation, limited 241
liability company, partnership, association, governmental 242
subdivision or instrumentality, other than the actor, has a 243
possessory or proprietary interest therein, except that 244
property shall not be deemed property of another who has 245
only a security interest therein, even if legal title is in 246
the creditor pursuant to a conditional sales contract or 247
other security arrangement; 248
(35) "Offense", any felony or misdemeanor; 249
(36) "Physical injury", slight impairment of any 250
function of the body or temporary loss of use of any part of 251
the body; 252
(37) "Place of confinement", any building or facility 253
and the grounds thereof wherein a court is legally 254
authorized to order that a person charged with or convicted 255
of a crime be held; 256
(38) "Possess" or "possessed", having actual or 257
constructive possession of an object with knowledge of its 258
presence. A person has actual possession if such person has 259 SB 143 160
the object on his or her person or within easy reach and 260
convenient control. A person has constructive possession if 261
such person has the power and the intention at a given time 262
to exercise dominion or control over the object either 263
directly or through another person or persons. Possession 264
may also be sole or joint. If one person alone has 265
possession of an object, possession is sole. If two or more 266
persons share possession of an object, possession is joint; 267
(39) "Property", anything of value, whether real or 268
personal, tangible or intangible, in possession or in action; 269
(40) "Public servant", any person employed in any way 270
by a government of this state who is compensated by the 271
government by reason of such person's employment, any person 272
appointed to a position with any government of this state, 273
or any person elected to a position with any government of 274
this state. It includes, but is not limited to, 275
legislators, jurors, members of the judiciary and law 276
enforcement officers. It does not include witnesses; 277
(41) "Purposely", when used with respect to a person's 278
conduct or to a result thereof, means when it is his or her 279
conscious object to engage in that conduct or to cause that 280
result; 281
(42) "Recklessly", consciously disregarding a 282
substantial and unjustifiable risk that circumstances exist 283
or that a result will follow, and such disregard constitutes 284
a gross deviation from the standard of care which a 285
reasonable person would exercise in the situation; 286
(43) "Serious emotional injury", an injury that 287
creates a substantial risk of temporary or permanent medical 288
or psychological damage, manifested by impairment of a 289
behavioral, cognitive or physical condition. Serious 290
emotional injury shall be established by testimony of 291 SB 143 161
qualified experts upon the reasonable expectation of 292
probable harm to a reasonable degree of medical or 293
psychological certainty; 294
(44) "Serious physical injury", physical injury that 295
creates a substantial risk of death or that causes serious 296
disfigurement or protracted loss or impairment of the 297
function of any part of the body; 298
(45) "Services", when used in relation to a computer 299
system or network, means use of a computer, computer system, 300
or computer network and includes, but is not limited to, 301
computer time, data processing, and storage or retrieval 302
functions; 303
(46) "Sexual orientation", male or female 304
heterosexuality, homosexuality or bisexuality by 305
inclination, practice, identity or expression, or having a 306
self-image or identity not traditionally associated with 307
one's gender; 308
(47) "Vehicle", a self-propelled mechanical device 309
designed to carry a person or persons, excluding vessels or 310
aircraft; 311
(48) "Vessel", any boat or craft propelled by a motor 312
or by machinery, whether or not such motor or machinery is a 313
principal source of propulsion used or capable of being used 314
as a means of transportation on water, or any boat or craft 315
more than twelve feet in length which is powered by sail 316
alone or by a combination of sail and machinery, and used or 317
capable of being used as a means of transportation on water, 318
but not any boat or craft having, as the only means of 319
propulsion, a paddle or oars; 320
(49) "Voluntary act": 321
(a) A bodily movement performed while conscious as a 322
result of effort or determination. Possession is a 323 SB 143 162
voluntary act if the possessor knowingly procures or 324
receives the thing possessed, or having acquired control of 325
it was aware of his or her control for a sufficient time to 326
have enabled him or her to dispose of it or terminate his or 327
her control; or 328
(b) An omission to perform an act of which the actor 329
is physically capable. A person is not guilty of an offense 330
based solely upon an omission to perform an act unless the 331
law defining the offense expressly so provides, or a duty to 332
perform the omitted act is otherwise imposed by law; 333
(50) "Vulnerable person", any person in the custody, 334
care, or control of the department of mental health who is 335
receiving services from an operated, funded, licensed, or 336
certified program. 337
557.520. 1. For purposes of this section, the 1
following terms shall mean: 2
(1) "Failed start", any attempt to start the vehicle 3
with a breath alcohol concentration exceeding twenty-five 4
thousandths of one percent by weight of alcohol in such 5
person's breath, unless a subsequent retest performed within 6
ten minutes registers a breath alcohol concentration not 7
exceeding twenty-five thousandths of one percent by weight 8
of alcohol in such person's breath; 9
(2) "Running retest", failure to take a breath test 10
performed by the driver upon a certified ignition interlock 11
device at random intervals after the initial engine startup 12
breath test and while the vehicle's motor is running or 13
failure to take a breath retest with a breath alcohol 14
concentration not exceeding twenty-five thousandths of one 15
percent by weight of alcohol in such person's breath; 16
(3) "Vehicle", any mechanical device on wheels, 17
designed primarily for use, or used, on highways. 18 SB 143 163
2. In any criminal case involving an intoxicated- 19
related traffic offense, the defendant may request to divert 20
the criminal case to a driving while intoxicated (DWI) 21
diversion program described in this section by submitting a 22
request to the prosecuting or circuit attorney and sending a 23
copy of such request to the department of revenue within 24
fifteen days of his or her arrest. The prosecuting or 25
circuit attorney may divert the criminal case to this DWI 26
diversion program by filing a motion with the court to stay 27
the criminal proceeding, if the defendant meets the 28
following criteria for eligibility into the DWI diversion 29
program: 30
(1) The defendant has not previously pled guilty to or 31
been convicted of an intoxicated-related traffic offense in 32
violation of sections 577.010, 577.012, 577.013, 577.014, 33
577.015, or 577.016; 34
(2) The defendant is not currently enrolled in, and 35
has not in the previous five years completed, a diversion 36
program pursuant to this section; 37
(3) The defendant does not hold a commercial driver's 38
license; 39
(4) The offense did not occur while operating a 40
commercial vehicle; 41
(5) The offense did not result in the injury or death 42
of another person; and 43
(6) The defendant did not refuse to submit to any test 44
allowed pursuant to section 577.020. 45
3. Upon a motion filed by the prosecuting or circuit 46
attorney, the court may continue a diverted case involving 47
an intoxicated-related traffic offense if the prosecuting or 48
circuit attorney deems appropriate based on the specific 49
situation of the defendant. The case shall be diverted for 50 SB 143 164
a period not to exceed twenty-four months and order the 51
defendant to comply with terms, conditions, or requirements. 52
4. The DWI diversion plan shall be for a specified 53
period and be in writing. The prosecuting or circuit 54
attorney has the sole authority to develop diversionary 55
program requirements, but may require installation of an 56
ignition interlock device for a period of not less than one 57
year, require the defendant to participate in a victim 58
impact panel sponsored by a nonprofit organization, and 59
require other terms deemed necessary by the court. 60
5. If the court continues the criminal case to divert 61
the defendant to this DWI diversion program, a copy of such 62
order shall be sent to the department of revenue and, upon 63
receipt, the department shall continue any proceeding to 64
suspend or revoke a license pursuant to chapter 302 for a 65
period not to exceed twenty-four months. After the 66
defendant successfully completes the requirements of the DWI 67
diversion program, the department shall dismiss any 68
proceeding against the defendant. 69
6. The court shall notify the defendant that he or she 70
is required to install a functioning, certified ignition 71
interlock device on any vehicle that the person operates and 72
the person is prohibited from operating a motor vehicle 73
unless that vehicle is equipped with a functioning, 74
certified ignition interlock device pursuant to this 75
section. These requirements shall be in addition to any 76
other provisions of this chapter or chapter 302 requiring 77
installation and maintenance of an ignition interlock 78
device. Any person required to use an ignition interlock 79
device shall comply with such requirement subject to the 80
penalties provided by section 577.599. 81 SB 143 165
7. The department of revenue shall inform the 82
defendant of the requirements of this section, including the 83
term for which the person is required to have a certified 84
ignition interlock device installed and shall notify the 85
person that installation of a functioning, certified 86
ignition interlock device on a vehicle does not allow the 87
person to drive without a valid driver's license. The 88
department shall record the mandatory use of the device for 89
the term required and the time when the device is required 90
to be installed pursuant to the court order. A person who 91
is notified by the department shall do all of the following: 92
(1) Arrange for each vehicle operated by the person to 93
be equipped with a functioning, certified ignition interlock 94
device by a certified ignition interlock device provider as 95
determined by the department of transportation; and 96
(2) Arrange for each vehicle with a functioning, 97
certified ignition interlock device to be serviced by the 98
installer at least once every thirty days for the installer 99
to recalibrate and monitor the operation of the device. 100
8. The certified ignition interlock device provider 101
shall notify the department: 102
(1) If the device is removed or indicates that the 103
person has attempted to remove, bypass by a running retest, 104
or tamper with the device; 105
(2) If the person fails three or more times to comply 106
with any requirement for the maintenance or calibration of 107
the ignition interlock device; or 108
(3) If the device registers a failed start. 109
If a person has any failed start that occurs within the last 110
ninety days of the required period of installation of the 111 SB 143 166
ignition interlock device, the term may be extended for a 112
period of up to ninety days. 113
9. After the completion of the DWI diversion program 114
and if the defendant has complied with all the imposed terms 115
and conditions, the court shall dismiss the criminal case 116
against the defendant, record the dismissal, and transmit 117
the record to the central repository upon dismissal. Any 118
court automation system, including any pilot project, that 119
provides public access to electronic record on the internet 120
shall redact any personal identifying information of the 121
defendant, including name, address, and year of birth. Such 122
information shall be provided in a confidential filing sheet 123
contemporaneously filed with the court or entered by the 124
court, which shall not be subject to public inspection or 125
availability. 126
10. In the event of non-compliance by the defendant 127
with the terms and conditions of the DWI diversion program, 128
the prosecuting or circuit attorney may file a motion to 129
terminate the defendant from the diversion program and may 130
recommend the prosecution of the underlying case. Upon the 131
filing of such motion, after notice to the defendant, the 132
court shall hold a hearing to determine by preponderance of 133
the evidence whether the defendant has failed to comply with 134
the terms and conditions of the diversion program. If the 135
court finds that the defendant has not complied with the 136
terms and conditions of the diversion program, the court may 137
end the diversion program and set the case on the next 138
available criminal docket. 139
11. Any defendant who is found guilty of any 140
intoxicated-related traffic offense and who has previously 141
utilized the DWI diversion program pursuant to this section 142
shall be considered a prior offender as defined in section 143 SB 143 167
577.001, provided that the prior offense occurred within 144
five years of the intoxicated-related offense for which the 145
person is charged, as provided in subsection 20 of section 146
577.001. 147
12. For the limited purpose of determining whether a 148
defendant is a chronic, habitual, persistent, or prior 149
offender under section 577.001, a criminal case diverted to 150
a DWI diversion program and successfully completed by a 151
defendant shall be counted as one intoxication-related 152
traffic offense. 153
13. A certified ignition interlock device provider 154
shall adopt a discounted fee schedule that provides for the 155
payment of the costs of the certified ignition interlock 156
device by offenders with an income at or below one hundred 157
and fifty percent of the federal poverty level. A person 158
with an income at or below one hundred and fifty percent of 159
the federal poverty level who provides income verification 160
shall be responsible for ten percent of the cost of the 161
ignition interlock device and any additional costs accrued 162
by the person for noncompliance with program requirements 163
are not subject to discounted rates and are the sole 164
responsibility of the person. The certified ignition 165
interlock provider shall verify the offender's income to 166
determine the cost of the ignition interlock device by 167
verifying from the offender the previous year's federal 168
income tax return, the previous three months of weekly or 169
monthly income statements, or a court order declaring the 170
person with an income at or below one hundred and fifty 171
percent of the federal poverty level. 172
14. Nothing in this section shall prohibit a 173
prosecuting or circuit attorney from diverting a criminal 174 SB 143 168
case pursuant to section 557.014 in any criminal case 175
involving an intoxicated-related traffic offense. 176
558.041. 1. Any offender committed to the department 1
of corrections, except those persons committed pursuant to 2
subsection 7 of section 558.016, or subsection 3 of section 3
566.125, [may] or any offender convicted of a dangerous 4
felony as defined in section 556.061, shall receive 5
additional credit in terms of days spent in confinement upon 6
[recommendation for such credit by the offender's 7
institutional superintendent] calculation of such credit 8
when the offender meets the requirements for such credit as 9
provided in subsections 3 and 4 of this section. Good time 10
credit may be rescinded by the director or his or her 11
designee pursuant to the divisional policy issued pursuant 12
to subsection 3 of this section. 13
2. Any credit extended to an offender shall only apply 14
to the sentence which the offender is currently serving. 15
3. (1) The director of the department of corrections 16
shall issue a policy for awarding credit. 17
(2) The policy [may] shall reward an [inmate] offender 18
who has served his or her sentence in an orderly and 19
peaceable manner and has taken advantage of the 20
rehabilitation programs available to him or her. 21
(3) Any major conduct violation of institutional rules 22
[or], violation of the laws of this state [may], parole 23
revocation, or the accumulation of minor conduct violations 24
exceeding six within a calendar year shall result in the 25
loss of all [or a portion of any] prior credit earned by the 26
[inmate] offender pursuant to this section. 27
[4. The department shall cause the policy to be 28
published in the code of state regulations. 29 SB 143 169
5. No rule or portion of a rule promulgated under the 30
authority of this chapter shall become effective unless it 31
has been promulgated pursuant to the provisions of section 32
536.024.] 33
(4) The policy shall specify the programs or 34
activities for which credit shall be earned under this 35
section; the criteria for determining productive 36
participation in, or completion of, the programs or 37
activities; and the criteria for awarding credit. 38
(5) The department shall award credit between five and 39
three hundred sixty days, as determined by the department 40
based on the length of the program, to any qualifying 41
offender who successfully: 42
(a) Receives a high school diploma or equivalent, 43
college diploma, or a vocational training certificate as 44
provided under the department's policy; 45
(b) Completes an alcohol or drug abuse treatment 46
program as provided under the department's policy, except 47
that alcohol and drug abuse treatment programs ordered by 48
the court or parole board shall not qualify; 49
(c) Completes one thousand hours of restorative 50
justice; or 51
(d) Completes other programs as provided under the 52
department's policy. 53
(6) An offender may earn a maximum of ninety days of 54
credit in any twelve-month period. 55
(7) Offenders sentenced under subsection 2 of section 56
558.019 shall be eligible for good time credit. Any good 57
time credit earned shall be subtracted from the offender's 58
entire sentence of imprisonment. 59
(8) Nothing in this section shall be construed to 60
require that the offender be released as a result of good 61 SB 143 170
time credit. The parole board in its discretion shall 62
determine the date of release. 63
4. Eligible offenders may petition the department to 64
receive credit for programs or activities completed prior to 65
August 28, 2025, as specified below: 66
(1) Eligible offenders can submit a petition from 67
January 1, 2026, to December 31, 2026; and 68
(2) Offenders shall have completed the qualifying 69
program or activity between January 1, 2010, and August 28, 70
2025. 71
5. No offender committed to the department who is 72
sentenced to death or sentenced to life without probation or 73
parole shall be eligible for good time credit under this 74
section. 75
559.125. 1. The clerk of the court shall keep in a 1
permanent file all applications for probation or parole by 2
the court, and shall keep in such manner as may be 3
prescribed by the court complete and full records of all 4
presentence investigations requested, probations or paroles 5
granted, revoked or terminated and all discharges from 6
probations or paroles. All court orders relating to any 7
presentence investigation requested and probation or parole 8
granted under the provisions of this chapter and sections 9
558.011 and 558.026 shall be kept in a like manner, and, if 10
the defendant subject to any such order is subject to an 11
investigation or is under the supervision of the division of 12
probation and parole, a copy of the order shall be sent to 13
the division of probation and parole. In any county where a 14
parole board ceases to exist, the clerk of the court shall 15
preserve the records of that parole board. 16
2. [Information and data obtained by a probation or 17
parole officer shall be privileged information and shall not 18 SB 143 171
be receivable in any court] Except in criminal proceedings, 19
information and data obtained by a probation or parole 20
officer is privileged information not receivable in any 21
court unless for lawful criminal matters. Such information 22
shall not be disclosed directly or indirectly to anyone 23
other than the members of a parole board and the judge 24
entitled to receive reports, except the court, the division 25
of probation and parole, or the parole board may in its 26
discretion permit the inspection of the report, or parts of 27
such report, by the defendant, or offender or his or her 28
attorney, or other person having a proper interest therein. 29
3. The provisions of subsection 2 of this section 30
notwithstanding, the presentence investigation report shall 31
be made available to the state and all information and data 32
obtained in connection with preparation of the presentence 33
investigation report may be made available to the state at 34
the discretion of the court upon a showing that the receipt 35
of the information and data is in the best interest of the 36
state. 37
565.240. 1. A person commits the offense of unlawful 1
posting of certain information over the internet if: 2
(1) He or she knowingly posts the name, home address, 3
Social Security number, telephone number, or any other 4
personally identifiable information of any person on the 5
internet intending to cause great bodily harm or death, or 6
threatening to cause great bodily harm or death to such 7
person; or 8
(2) He or she knowingly posts the Social Security 9
number of any person on the internet intending to intimidate 10
or harass such person or obtain financial gain from such 11
person. 12 SB 143 172
2. The offense of unlawful posting of certain 13
information over the internet under subdivision (1) of 14
subsection 1 of this section is a class [C misdemeanor] E 15
felony, unless the person knowingly posts on the internet 16
the name, home address, Social Security number, telephone 17
number, or any other personally identifiable information of 18
any law enforcement officer, corrections officer, parole 19
officer, judge, commissioner, or prosecuting attorney, or of 20
any immediate family member of such law enforcement officer, 21
corrections officer, parole officer, judge, commissioner, or 22
prosecuting attorney, intending to cause great bodily harm 23
or death, or threatening to cause great bodily harm or 24
death, in which case it is a class [E] D felony, and if such 25
intention or threat results in bodily harm or death to such 26
person or immediate family member, the offense of unlawful 27
posting of certain information over the internet is a class 28
[D] C felony. 29
3. The offense of unlawful posting of certain 30
information over the internet under subdivision (2) of 31
subsection 1 of this section is a class E felony. 32
566.151. 1. A person twenty-one years of age or older 1
commits the offense of enticement of a child if he or she 2
persuades, solicits, coaxes, entices, or lures whether by 3
words, actions or through communication via the internet or 4
any electronic communication, any person who is less than 5
[fifteen] seventeen years of age for the purpose of engaging 6
in sexual conduct. 7
2. It is not a defense to a prosecution for a 8
violation of this section that the other person was a peace 9
officer masquerading as a minor. 10
3. Enticement of a child or an attempt to commit 11
enticement of a child is a felony for which the authorized 12 SB 143 173
term of imprisonment shall be not less than five years and 13
not more than thirty years. No person convicted under this 14
section shall be eligible for parole, probation, conditional 15
release, or suspended imposition or execution of sentence 16
for a period of five calendar years. 17
567.030. 1. A person commits the offense of 1
patronizing prostitution if he or she: 2
(1) Pursuant to a prior understanding, gives something 3
of value to another person as compensation for having 4
engaged in sexual conduct with any person; or 5
(2) Gives or agrees to give something of value to 6
another person with the understanding that such person or 7
another person will engage in sexual conduct with any 8
person; or 9
(3) Solicits or requests another person to engage in 10
sexual conduct with any person in return for something of 11
value. 12
2. It shall not be a defense that the person believed 13
that the individual he or she patronized for prostitution 14
was eighteen years of age or older. 15
3. The offense of patronizing prostitution is a class 16
B misdemeanor, unless the individual who the person 17
patronizes is less than eighteen years of age but older than 18
[fourteen] fifteen years of age, in which case patronizing 19
prostitution is a class E felony. 20
4. The offense of patronizing prostitution is a class 21
[D] B felony if the individual who the person patronizes is 22
[fourteen] fifteen years of age or younger. Nothing in this 23
section shall preclude the prosecution of an individual for 24
the offenses of: 25
(1) Statutory rape in the first degree pursuant to 26
section 566.032; 27 SB 143 174
(2) Statutory rape in the second degree pursuant to 28
section 566.034; 29
(3) Statutory sodomy in the first degree pursuant to 30
section 566.062; or 31
(4) Statutory sodomy in the second degree pursuant to 32
section 566.064. 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 or 579; 13
(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. 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 SB 143 175
subsequent offense under this section, in which case the 27
offense is a class C felony; 28
(2) Involves fentanyl or carfentanil or any of their 29
analogues, in which case: 30
(a) The offense is a felony which shall be punished by 31
a term of imprisonment of not less than five years and not 32
more than ten years; 33
(b) No court shall suspend the imposition or execution 34
of sentence of a person who pleads guilty to or is found 35
guilty of an offense under this subdivision; 36
(c) No court shall sentence such person to pay a fine 37
in lieu of a term of imprisonment; and 38
(d) A person sentenced under this subdivision shall 39
not be eligible for conditional release or parole until he 40
or she has served at least five years of imprisonment; 41
(3) Results in serious physical injury to the child, 42
in which case the offense is a class B felony; or 43
[(3)] (4) Results in the death of a child, in which 44
case the offense is a class A felony. 45
569.088. 1. If a person commits an offense in 1
violation of a state law or county or municipal ordinance 2
and it is discovered that the person is a citizen of any 3
other country other than the United States and the person 4
has entered or remains in or on any public or private 5
property in this state in violation of 8 U.S.C. Section 1325 6
or 1326, the person shall also be guilty of the offense of 7
trespass by an illegal alien. 8
2. The offense of trespass by an illegal alien is a 9
class E felony if the other offense the person committed 10
under subsection 1 of this section is an infraction in 11
violation of a state law or a violation of a county or 12
municipal ordinance. The offense of trespass by an illegal 13 SB 143 176
alien is a class C felony if the other offense the person 14
committed under subsection 1 of this section is a 15
misdemeanor or felony in violation of state law. 16
3. The punishment for the offense of trespass by an 17
illegal alien shall be in addition to the punishment for the 18
commission of the offense under subsection 1 of this section. 19
4. The provisions of this section shall not apply to a 20
person who maintains authorization from the federal 21
government to remain in the United States. 22
5. For purposes of this section, "illegal alien" means 23
an alien who is not lawfully present in the United States, 24
according to the terms of 8 U.S.C. Section 1101, et seq. 25
570.036. 1. A person commits the offense of organized 1
retail theft if he or she, while alone or with any other 2
person or persons, commits a series of thefts of retail 3
merchandise against one or more persons either on the 4
premises of a merchant or through the use of an internet or 5
network site in this state with the intent to: 6
(1) Return the merchandise to the merchant for value; 7
or 8
(2) Resell, trade, or barter the merchandise for value 9
in any manner including, but not limited to, through the use 10
of an internet or network site. 11
2. The offense of organized retail theft is a class C 12
felony if the aggregated value of the property or services 13
involved in all thefts committed in this state during a 14
period of one hundred twenty days is no less than one 15
thousand five hundred dollars and no more than ten thousand 16
dollars. 17
3. The offense of organized retail theft is a class B 18
felony if the aggregated value of the property or services 19
involved in all thefts committed in this state during a 20 SB 143 177
period of one hundred twenty days is more than ten thousand 21
dollars. 22
4. In addition to any other penalty, the court shall 23
order a person who violates this section to pay restitution. 24
5. For the purposes of this section, in determining 25
the aggregated value of the property or services involved in 26
all thefts committed in this state during a period of one 27
hundred twenty days: 28
(1) The amount involved in a single theft shall be 29
deemed to be the highest value, by any reasonable standard, 30
of the property or services that are obtained; and 31
(2) The amounts involved in all thefts committed by 32
all participants in the organized retail theft shall be 33
aggregated. 34
6. In any prosecution for a violation of this section, 35
the violation shall be deemed to have been committed and may 36
be prosecuted in any jurisdiction in this state in which any 37
theft committed by any participant in the organized retail 38
theft was committed regardless of whether the defendant was 39
ever physically present in such jurisdiction. 40
575.150. 1. A person commits the offense of resisting 1
[or], interfering with, escaping, or attempting to escape 2
from arrest, detention, [or] stop, or custody if he or she 3
knows or reasonably should know that a law enforcement 4
officer is making an arrest or attempting to lawfully detain 5
or stop an individual or vehicle, and for the purpose of 6
preventing the officer from effecting the arrest, stop, or 7
detention or maintaining custody after such stop, detention, 8
or arrest, he or she: 9
(1) Resists the arrest, stop or detention of such 10
person by using or threatening the use of violence or 11
physical force or by fleeing from such officer; [or] 12 SB 143 178
(2) Interferes with the arrest, stop or detention of 13
another person by using or threatening the use of violence, 14
physical force or physical interference; or 15
(3) While being held in custody after a stop, 16
detention, or arrest has been made, escapes or attempts to 17
escape from such custody. 18
2. This section applies to: 19
(1) Arrests, stops, or detentions, with or without 20
warrants; 21
(2) Arrests, stops, [or] detentions, or custodies for 22
any offense, infraction, or ordinance violation; and 23
(3) Arrests for warrants issued by a court or a 24
probation and parole officer. 25
3. A person is presumed to be fleeing a vehicle stop 26
if he or she continues to operate a motor vehicle after he 27
or she has seen or should have seen clearly visible 28
emergency lights or has heard or should have heard an 29
audible signal emanating from the law enforcement vehicle 30
pursuing him or her. Nothing in this section shall be 31
construed to require the state to prove in a prosecution 32
against a defendant that the defendant knew why he or she 33
was being stopped, detained, or arrested. 34
4. It is no defense to a prosecution pursuant to 35
subsection 1 of this section that the law enforcement 36
officer was acting unlawfully in making the arrest. 37
However, nothing in this section shall be construed to bar 38
civil suits for unlawful arrest. 39
5. The offense of resisting [or], interfering with 40
[an], or escaping or attempting to escape from a stop, 41
detention, or arrest or from custody after such stop, 42
detention, or arrest is a class [E felony for an arrest for 43
a: 44 SB 143 179
(1) Felony; 45
(2) Warrant issued for failure to appear on a felony 46
case; or 47
(3) Warrant issued for a probation violation on a 48
felony case. 49
The offense of resisting an arrest, detention or stop in 50
violation of subdivision (1) or (2) of subsection 1 of this 51
section is a class] A misdemeanor, unless [the person 52
fleeing creates a substantial risk of serious physical 53
injury or death to any person, in which case it is a class E 54
felony]: 55
(1) The stop, detention, arrest, or custody was for a 56
felony; 57
(2) The stop, detention, arrest, or custody was for a 58
warrant issued for failure to appear on a felony case; 59
(3) The stop, detention, arrest, or custody was for a 60
warrant issued for a probation violation on a felony case; or 61
(4) The escape or attempt to escape while in custody 62
or under arrest was for a felony, 63
in which case it is a class E felony; except that, if such 64
escape or attempted escape is committed by means of a deadly 65
weapon or dangerous instrument or by holding any person 66
hostage it is a class A felony. 67
575.205. 1. A person commits the offense of tampering 1
with electronic monitoring equipment if he or she 2
intentionally removes, alters, tampers with, damages, [or] 3
destroys, fails to charge, or otherwise disables electronic 4
monitoring equipment which a court, the division of 5
probation and parole or the parole board has required such 6
person to wear. 7 SB 143 180
2. This section does not apply to the owner of the 8
equipment or an agent of the owner who is performing 9
ordinary maintenance or repairs on the equipment. 10
3. The offense of tampering with electronic monitoring 11
equipment is a class D felony. 12
4. The offense of tampering with electronic monitoring 13
equipment if a person fails to charge or otherwise disables 14
electronic monitoring equipment is a class E felony, unless 15
the offense for which the person was placed on electronic 16
monitoring was a misdemeanor, in which case it is a class A 17
misdemeanor. 18
579.060. 1. A person commits the offense of unlawful 1
sale, distribution, or purchase of over-the-counter 2
methamphetamine precursor drugs if he or she knowingly: 3
(1) Sells, distributes, dispenses, or otherwise 4
provides any number of packages of any drug product 5
containing detectable amounts of ephedrine, 6
phenylpropanolamine, or pseudoephedrine, or any of their 7
salts, optical isomers, or salts of optical isomers, in a 8
total amount greater than seven and two-tenths grams to the 9
same individual within a thirty-day period, unless the 10
amount is dispensed, sold, or distributed pursuant to a 11
valid prescription; or 12
(2) Purchases, receives, or otherwise acquires within 13
a thirty-day period any number of packages of any drug 14
product containing any detectable amount of ephedrine, 15
phenylpropanolamine, or pseudoephedrine, or any of their 16
salts or optical isomers, or salts of optical isomers in a 17
total amount greater than seven and two-tenths grams, 18
without regard to the number of transactions, unless the 19
amount is purchased, received, or acquired pursuant to a 20
valid prescription; or 21 SB 143 181
(3) Purchases, receives, or otherwise acquires within 22
a twenty-four-hour period any number of packages of any drug 23
product containing any detectable amount of ephedrine, 24
phenylpropanolamine, or pseudoephedrine, or any of their 25
salts or optical isomers, or salts of optical isomers in a 26
total amount greater than three and six-tenths grams, 27
without regard to the number of transactions, unless the 28
amount is purchased, received, or acquired pursuant to a 29
valid prescription; or 30
(4) Sells, distributes, dispenses, or otherwise 31
provides any number of packages of any drug product 32
containing detectable amounts of ephedrine, 33
phenylpropanolamine, or pseudoephedrine, or any of their 34
salts, optical isomers, or salts of optical isomers, in a 35
total amount greater than [forty-three] sixty-one and two- 36
tenths grams to the same individual within a twelve-month 37
period, unless the amount is dispensed, sold, or distributed 38
pursuant to a valid prescription; or 39
(5) Purchases, receives, or otherwise acquires within 40
a twelve-month period any number of packages of any drug 41
product containing any detectable amount of ephedrine, 42
phenylpropanolamine, or pseudoephedrine, or any of their 43
salts or optical isomers, or salts of optical isomers in a 44
total amount greater than [forty-three] sixty-one and two- 45
tenths grams, without regard to the number of transactions, 46
unless the amount is purchased, received, or acquired 47
pursuant to a valid prescription; or 48
(6) Dispenses or offers drug products that are not 49
excluded from Schedule V in subsection 17 or 18 of section 50
195.017 and that contain detectable amounts of ephedrine, 51
phenylpropanolamine, or pseudoephedrine, or any of their 52
salts, optical isomers, or salts of optical isomers, without 53 SB 143 182
ensuring that such products are located behind a pharmacy 54
counter where the public is not permitted and that such 55
products are dispensed by a registered pharmacist or 56
pharmacy technician under subsection 11 of section 195.017; 57
or 58
(7) Holds a retail sales license issued under chapter 59
144 and knowingly sells or dispenses packages that do not 60
conform to the packaging requirements of section 195.418. 61
2. A pharmacist, intern pharmacist, or registered 62
pharmacy technician commits the offense of unlawful sale, 63
distribution, or purchase of over-the-counter 64
methamphetamine precursor drugs if he or she knowingly: 65
(1) Sells, distributes, dispenses, or otherwise 66
provides any number of packages of any drug product 67
containing detectable amounts of ephedrine, 68
phenylpropanolamine, or pseudoephedrine, or any of their 69
salts or optical isomers, or salts of optical isomers, in a 70
total amount greater than three and six-tenth grams to the 71
same individual within a twenty-four hour period, unless the 72
amount is dispensed, sold, or distributed pursuant to a 73
valid prescription; or 74
(2) Fails to submit information under subsection 13 of 75
section 195.017 and subsection 6 of section 195.417 about 76
the sales of any compound, mixture, or preparation of 77
products containing detectable amounts of ephedrine, 78
phenylpropanolamine, or pseudoephedrine, or any of their 79
salts, optical isomers, or salts of optical isomers, in 80
accordance with transmission methods and frequency 81
established by the department of health and senior services; 82
or 83
(3) Fails to implement and maintain an electronic log, 84
as required by subsection 12 of section 195.017, of each 85 SB 143 183
transaction involving any detectable quantity of 86
pseudoephedrine, its salts, isomers, or salts of optical 87
isomers or ephedrine, its salts, optical isomers, or salts 88
of optical isomers; or 89
(4) Sells, distributes, dispenses or otherwise 90
provides to an individual under eighteen years of age 91
without a valid prescription any number of packages of any 92
drug product containing any detectable quantity of 93
pseudoephedrine, its salts, isomers, or salts of optical 94
isomers, or ephedrine, its salts or optical isomers, or 95
salts of optical isomers. 96
3. Any person who violates the packaging requirements 97
of section 195.418 and is considered the general owner or 98
operator of the outlet where ephedrine, pseudoephedrine, or 99
phenylpropanolamine products are available for sale shall 100
not be penalized if he or she documents that an employee 101
training program was in place to provide the employee who 102
made the unlawful retail sale with information on the state 103
and federal regulations regarding ephedrine, 104
pseudoephedrine, or phenylpropanolamine. 105
4. The offense of unlawful sale, distribution, or 106
purchase of over-the-counter methamphetamine precursor drugs 107
is a class A misdemeanor. 108
579.065. 1. A person commits the offense of 1
trafficking drugs in the first degree if, except as 2
authorized by this chapter or chapter 195, such person 3
knowingly distributes, delivers, manufactures, produces or 4
attempts to distribute, deliver, manufacture or produce: 5
(1) More than thirty grams of a mixture or substance 6
containing a detectable amount of heroin; 7
(2) More than one hundred fifty grams of a mixture or 8
substance containing a detectable amount of coca leaves, 9 SB 143 184
except coca leaves and extracts of coca leaves from which 10
cocaine, ecgonine, and derivatives of ecgonine or their 11
salts have been removed; cocaine salts and their optical and 12
geometric isomers, and salts of isomers; ecgonine, its 13
derivatives, their salts, isomers, and salts of isomers; or 14
any compound, mixture, or preparation which contains any 15
quantity of any of the foregoing substances; 16
(3) More than five hundred milligrams of a mixture or 17
substance containing a detectable amount of lysergic acid 18
diethylamide (LSD); 19
(4) More than thirty grams of a mixture or substance 20
containing a detectable amount of phencyclidine (PCP); 21
(5) More than four grams of phencyclidine; 22
(6) More than thirty kilograms of a mixture or 23
substance containing marijuana; 24
(7) More than thirty grams of any material, compound, 25
mixture, or preparation containing any quantity of the 26
following substances having a stimulant effect on the 27
central nervous system: amphetamine, its salts, optical 28
isomers and salts of its optical isomers; methamphetamine, 29
its salts, optical isomers and salts of its optical isomers; 30
phenmetrazine and its salts; or methylphenidate; 31
(8) More than thirty grams of any material, compound, 32
mixture, or preparation which contains any quantity of 3,4- 33
methylenedioxymethamphetamine; 34
(9) One gram or more of flunitrazepam for the first 35
offense; 36
(10) Any amount of gamma-hydroxybutyric acid for the 37
first offense; or 38
(11) More than [ten] three milligrams of fentanyl or 39
carfentanil, or any derivative thereof, or any combination 40
thereof, or any compound, mixture, or substance containing a 41 SB 143 185
detectable amount of fentanyl or carfentanil, or [their] its 42
optical isomers or analogues. 43
2. The offense of trafficking drugs in the first 44
degree is a class B felony. 45
3. The offense of trafficking drugs in the first 46
degree is a class A felony if the quantity involved is: 47
(1) Ninety grams or more of a mixture or substance 48
containing a detectable amount of heroin; or 49
(2) Four hundred fifty grams or more of a mixture or 50
substance containing a detectable amount of coca leaves, 51
except coca leaves and extracts of coca leaves from which 52
cocaine, ecgonine, and derivatives of ecgonine or their 53
salts have been removed; cocaine salts and their optical and 54
geometric isomers, and salts of isomers; ecgonine, its 55
derivatives, their salts, isomers, and salts of isomers; or 56
any compound, mixture, or preparation which contains any 57
quantity of any of the foregoing substances; or 58
(3) One gram or more of a mixture or substance 59
containing a detectable amount of lysergic acid diethylamide 60
(LSD); or 61
(4) Ninety grams or more of a mixture or substance 62
containing a detectable amount of phencyclidine (PCP); or 63
(5) Twelve grams or more of phencyclidine; or 64
(6) One hundred kilograms or more of a mixture or 65
substance containing marijuana; or 66
(7) Ninety grams or more of any material, compound, 67
mixture, or preparation containing any quantity of the 68
following substances having a stimulant effect on the 69
central nervous system: amphetamine, its salts, optical 70
isomers and salts of its optical isomers; methamphetamine, 71
its salts, optical isomers and salts of its optical isomers; 72
phenmetrazine and its salts; or methylphenidate; or 73 SB 143 186
(8) More than thirty grams of any material, compound, 74
mixture, or preparation containing any quantity of the 75
following substances having a stimulant effect on the 76
central nervous system: amphetamine, its salts, optical 77
isomers, and salts of its optical isomers; methamphetamine, 78
its salts, optical isomers, and salts of its optical 79
isomers; phenmetrazine and its salts; or methylphenidate, 80
and the location of the offense was within two thousand feet 81
of real property comprising a public or private elementary, 82
vocational, or secondary school, college, community college, 83
university, or any school bus, in or on the real property 84
comprising public housing or any other governmental assisted 85
housing, or within a motor vehicle, or in any structure or 86
building which contains rooms furnished for the 87
accommodation or lodging of guests, and kept, used, 88
maintained, advertised, or held out to the public as a place 89
where sleeping accommodations are sought for pay or 90
compensation to transient guests or permanent guests; or 91
(9) Ninety grams or more of any material, compound, 92
mixture or preparation which contains any quantity of 3,4- 93
methylenedioxymethamphetamine; or 94
(10) More than thirty grams of any material, compound, 95
mixture, or preparation which contains any quantity of 3,4- 96
methylenedioxymethamphetamine and the location of the 97
offense was within two thousand feet of real property 98
comprising a public or private elementary, vocational, or 99
secondary school, college, community college, university, or 100
any school bus, in or on the real property comprising public 101
housing or any other governmental assisted housing, within a 102
motor vehicle, or in any structure or building which 103
contains rooms furnished for the accommodation or lodging of 104
guests, and kept, used, maintained, advertised, or held out 105 SB 143 187
to the public as a place where sleeping accommodations are 106
sought for pay or compensation to transient guests or 107
permanent guests; or 108
(11) One gram or more of flunitrazepam for a second or 109
subsequent offense; or 110
(12) Any amount of gamma-hydroxybutyric acid for a 111
second or subsequent offense; or 112
(13) [Twenty] Fourteen milligrams or more of fentanyl 113
[or carfentanil], or any derivative thereof, [or any 114
combination thereof,] or any compound, mixture, or substance 115
containing a detectable amount of fentanyl [or carfentanil], 116
or [their] its optical isomers or analogues; or 117
(14) More than five hundredths of a milligram of 118
carfentanil. 119
579.068. 1. A person commits the offense of 1
trafficking drugs in the second degree if, except as 2
authorized by this chapter or chapter 195, such person 3
knowingly possesses or has under his or her control, 4
purchases or attempts to purchase, or brings into this state: 5
(1) More than thirty grams of a mixture or substance 6
containing a detectable amount of heroin; 7
(2) More than one hundred fifty grams of a mixture or 8
substance containing a detectable amount of coca leaves, 9
except coca leaves and extracts of coca leaves from which 10
cocaine, ecgonine, and derivatives of ecgonine or their 11
salts have been removed; cocaine salts and their optical and 12
geometric isomers, and salts of isomers; ecgonine, its 13
derivatives, their salts, isomers, and salts of isomers; or 14
any compound, mixture, or preparation which contains any 15
quantity of any of the foregoing substances; 16 SB 143 188
(3) More than five hundred milligrams of a mixture or 17
substance containing a detectable amount of lysergic acid 18
diethylamide (LSD); 19
(4) More than thirty grams of a mixture or substance 20
containing a detectable amount of phencyclidine (PCP); 21
(5) More than four grams of phencyclidine; 22
(6) More than thirty kilograms of a mixture or 23
substance containing marijuana; 24
(7) More than thirty grams of any material, compound, 25
mixture, or preparation containing any quantity of the 26
following substances having a stimulant effect on the 27
central nervous system: amphetamine, its salts, optical 28
isomers and salts of its optical isomers; methamphetamine, 29
its salts, optical isomers and salts of its optical isomers; 30
phenmetrazine and its salts; or methylphenidate; 31
(8) More than thirty grams of any material, compound, 32
mixture, or preparation which contains any quantity of 3,4- 33
methylenedioxymethamphetamine; or 34
(9) More than [ten] three milligrams of fentanyl or 35
carfentanil, or any derivative thereof, or any combination 36
thereof, or any compound, mixture, or substance containing a 37
detectable amount of fentanyl or carfentanil, or [their] its 38
optical isomers or analogues. 39
2. The offense of trafficking drugs in the second 40
degree is a class C felony. 41
3. The offense of trafficking drugs in the second 42
degree is a class B felony if the quantity involved is: 43
(1) Ninety grams or more of a mixture or substance 44
containing a detectable amount of heroin; or 45
(2) Four hundred fifty grams or more of a mixture or 46
substance containing a detectable amount of coca leaves, 47
except coca leaves and extracts of coca leaves from which 48 SB 143 189
cocaine, ecgonine, and derivatives of ecgonine or their 49
salts have been removed; cocaine salts and their optical and 50
geometric isomers, and salts of isomers; ecgonine, its 51
derivatives, their salts, isomers, and salts of isomers; or 52
any compound, mixture, or preparation which contains any 53
quantity of any of the foregoing substances; or 54
(3) One gram or more of a mixture or substance 55
containing a detectable amount of lysergic acid diethylamide 56
(LSD); or 57
(4) Ninety grams or more of a mixture or substance 58
containing a detectable amount of phencyclidine (PCP); or 59
(5) Twelve grams or more of phencyclidine; or 60
(6) One hundred kilograms or more of a mixture or 61
substance containing marijuana; or 62
(7) More than five hundred marijuana plants; or 63
(8) Ninety grams or more but less than four hundred 64
fifty grams of any material, compound, mixture, or 65
preparation containing any quantity of the following 66
substances having a stimulant effect on the central nervous 67
system: amphetamine, its salts, optical isomers and salts 68
of its optical isomers; methamphetamine, its salts, optical 69
isomers and salts of its optical isomers; phenmetrazine and 70
its salts; or methylphenidate; or 71
(9) Ninety grams or more but less than four hundred 72
fifty grams of any material, compound, mixture, or 73
preparation which contains any quantity of 3,4- 74
methylenedioxymethamphetamine; or 75
(10) [Twenty] Fourteen milligrams or more of fentanyl 76
[or carfentanil], or any derivative thereof, [or any 77
combination thereof,] or any compound, mixture, or substance 78
containing a detectable amount of fentanyl [or carfentanil], 79
or [their] its optical isomers or analogues; or 80 SB 143 190
(11) More than five hundredths milligram of 81
carfentanil. 82
4. The offense of trafficking drugs in the second 83
degree is a class A felony if the quantity involved is four 84
hundred fifty grams or more of any material, compound, 85
mixture or preparation which contains: 86
(1) Any quantity of the following substances having a 87
stimulant effect on the central nervous system: 88
amphetamine, its salts, optical isomers and salts of its 89
optical isomers; methamphetamine, its salts, isomers and 90
salts of its isomers; phenmetrazine and its salts; or 91
methylphenidate; or 92
(2) Any quantity of 3,4-methylenedioxymethamphetamine. 93
5. The offense of drug trafficking in the second 94
degree is a class C felony for the first offense and a class 95
B felony for any second or subsequent offense for the 96
trafficking of less than one gram of flunitrazepam. 97
589.401. 1. A person on the sexual offender registry 1
may file a petition in the division of the circuit court in 2
the county or city not within a county in which the offense 3
requiring registration was committed to have his or her name 4
removed from the sexual offender registry. 5
2. A person who is required to register in this state 6
because of an offense that was adjudicated in another 7
jurisdiction shall file his or her petition for removal 8
according to the laws of the state, territory, tribal, or 9
military jurisdiction, the District of Columbia, or foreign 10
country in which his or her offense was adjudicated. Upon 11
the grant of the petition for removal in the jurisdiction 12
where the offense was adjudicated, such judgment may be 13
registered in this state by sending the information required 14
under subsection 5 of this section as well as one 15 SB 143 191
authenticated copy of the order granting removal from the 16
sexual offender registry in the jurisdiction where the 17
offense was adjudicated to the court in the county or city 18
not within a county in which the offender is required to 19
register. On receipt of a request for registration removal, 20
the registering court shall cause the order to be filed as a 21
foreign judgment, together with one copy of the documents 22
and information, regardless of their form. The petitioner 23
shall be responsible for costs associated with filing the 24
petition. 25
3. A person required to register: 26
(1) As a tier III offender; 27
(2) Under subdivision (7) of subsection 1 of section 28
589.400; or 29
(3) As a result of an offense that is sexual in nature 30
committed against a minor or against an incapacitated person 31
as defined under section 475.010; 32
shall not file a petition under this section unless the 33
requirement to register results from a juvenile adjudication. 34
4. The petition shall be dismissed without prejudice 35
if the following time periods have not elapsed since the 36
date the person was required to register for his or her most 37
recent offense under sections 589.400 to 589.425: 38
(1) For a tier I offense, ten years; 39
(2) For a tier II offense, twenty-five years; or 40
(3) For a tier III offense adjudicated delinquent, 41
twenty-five years. 42
5. The petition shall be dismissed without prejudice 43
if it fails to include any of the following: 44
(1) The petitioner's: 45 SB 143 192
(a) Full name, including any alias used by the 46
individual; 47
(b) Sex; 48
(c) Race; 49
(d) Date of birth; 50
(e) Last four digits of the Social Security number; 51
(f) Address; and 52
(g) Place of employment, school, or volunteer status; 53
(2) The offense and tier of the offense that required 54
the petitioner to register; 55
(3) The date the petitioner was adjudicated for the 56
offense; 57
(4) The date the petitioner was required to register; 58
(5) The case number and court, including the county or 59
city not within a county, that entered the original order 60
for the adjudicated sex offense; 61
(6) Petitioner's fingerprints on an applicant 62
fingerprint card; 63
(7) If the petitioner was pardoned or an offense 64
requiring registration was reversed, vacated, or set aside, 65
an authenticated copy of the order; and 66
(8) If the petitioner is currently registered under 67
applicable law and has not been adjudicated for failure to 68
register in any jurisdiction and does not have any charges 69
pending for failure to register. 70
6. The petition shall name as respondents the Missouri 71
state highway patrol and the chief law enforcement official 72
in the county or city not within a county in which the 73
petition is filed. 74
7. All proceedings under this section shall be 75
governed under the Missouri supreme court rules of civil 76
procedure. 77 SB 143 193
8. The person seeking removal or exemption from the 78
registry shall provide the prosecuting attorney in the 79
circuit court in which the petition is filed with notice of 80
the petition. The prosecuting attorney may present evidence 81
in opposition to the requested relief or may otherwise 82
demonstrate the reasons why the petition should be denied. 83
Failure of the person seeking removal or exemption from the 84
registry to notify the prosecuting attorney of the petition 85
shall result in an automatic denial of such person's 86
petition. 87
9. The prosecuting attorney in the circuit court in 88
which the petition is filed shall have access to all 89
applicable records concerning the petitioner including, but 90
not limited to, criminal history records, mental health 91
records, juvenile records, and records of the department of 92
corrections or probation and parole. 93
10. The prosecuting attorney shall make reasonable 94
efforts to notify the victim of the crime for which the 95
person was required to register of the petition and the 96
dates and times of any hearings or other proceedings in 97
connection with such petition. 98
11. The court shall not enter an order directing the 99
removal of the petitioner's name from the sexual offender 100
registry unless it finds the petitioner: 101
(1) Has not been adjudicated or does not have charges 102
pending for any additional nonsexual offense for which 103
imprisonment for more than one year may be imposed since the 104
date the offender was required to register for his or her 105
current tier level; 106
(2) Has not been adjudicated or does not have charges 107
pending for any additional sex offense that would require 108
registration under sections 589.400 to 589.425 since the 109 SB 143 194
date the offender was required to register for his or her 110
current tier level, even if the offense was punishable by 111
less than one year imprisonment; 112
(3) Has successfully completed any required periods of 113
supervised release, probation, or parole without revocation 114
since the date the offender was required to register for his 115
or her current tier level; 116
(4) Has successfully completed an appropriate sex 117
offender treatment program as approved by a court of 118
competent jurisdiction or the Missouri department of 119
corrections; and 120
(5) Is not a current or potential threat to public 121
safety. 122
12. In order to meet the criteria required by 123
subdivisions (1) and (2) of subsection 11 of this section, 124
the fingerprints filed in the case shall be examined by the 125
Missouri state highway patrol. The petitioner shall be 126
responsible for all costs associated with the fingerprint- 127
based criminal history check of both state and federal files 128
under section 43.530. 129
13. If the petition is denied due to an adjudication 130
in violation of subdivision (1) or (2) of subsection 11 of 131
this section, the petitioner shall not file a new petition 132
under this section until: 133
(1) Fifteen years have passed from the date of the 134
adjudication resulting in the denial of relief if the 135
petitioner is classified as a tier I offender; 136
(2) Twenty-five years have passed from the date of 137
adjudication resulting in the denial of relief if the 138
petitioner is classified as a tier II offender; or 139
(3) Twenty-five years have passed from the date of the 140
adjudication resulting in the denial of relief if the 141 SB 143 195
petitioner is classified as a tier III offender on the basis 142
of a juvenile adjudication. 143
14. If the petition is denied due to the petitioner 144
having charges pending in violation of subdivision (1) or 145
(2) of subsection 11 of this section, the petitioner shall 146
not file a new petition under this section until: 147
(1) The pending charges resulting in the denial of 148
relief have been finally disposed of in a manner other than 149
adjudication; or 150
(2) If the pending charges result in an adjudication, 151
the necessary time period has elapsed under subsection 13 of 152
this section. 153
15. If the petition is denied for reasons other than 154
those outlined in subsection 11 of this section, no 155
successive petition requesting such relief shall be filed 156
for at least five years from the date the judgment denying 157
relief is entered. 158
16. If the court finds the petitioner is entitled to 159
have his or her name removed from the sexual offender 160
registry, the court shall enter judgment directing the 161
removal of the name. A copy of the judgment shall be 162
provided to the respondents named in the petition. 163
17. Any person subject to the judgment requiring his 164
or her name to be removed from the sexual offender registry 165
is not required to register under sections 589.400 to 166
589.425 unless such person is required to register for an 167
offense that was different from that listed on the judgment 168
of removal. 169
18. The court shall not deny the petition unless the 170
petition failed to comply with the provisions of sections 171
589.400 to 589.425 or the prosecuting attorney provided 172
evidence demonstrating the petition should be denied. 173 SB 143 196
589.414. 1. Any person required by sections 589.400 1
to 589.425 to register shall, within three business days, 2
appear in person to the chief law enforcement officer of the 3
county or city not within a county if there is a change to 4
any of the following information: 5
(1) Name; 6
(2) Residence; 7
(3) Employment, including status as a volunteer or 8
intern; 9
(4) Student status; or 10
(5) A termination to any of the items listed in this 11
subsection. 12
2. Any person required to register under sections 13
589.400 to 589.425 shall, within three business days, notify 14
the chief law enforcement official of the county or city not 15
within a county of any changes to the following information: 16
(1) Vehicle information; 17
(2) Temporary lodging information; 18
(3) Temporary residence information; 19
(4) Email addresses, instant messaging addresses, and 20
any other designations used in internet communications, 21
postings, or telephone communications; or 22
(5) Telephone or other cellular number, including any 23
new forms of electronic communication. 24
3. The chief law enforcement official in the county or 25
city not within a county shall immediately forward the 26
registration changes described under subsections 1 and 2 of 27
this section to the Missouri state highway patrol within 28
three business days. 29
4. If any person required by sections 589.400 to 30
589.425 to register changes such person's residence or 31
address to a different county or city not within a county, 32 SB 143 197
the person shall appear in person and shall inform both the 33
chief law enforcement official with whom the person last 34
registered and the chief law enforcement official of the 35
county or city not within a county having jurisdiction over 36
the new residence or address in writing within three 37
business days of such new address and phone number, if the 38
phone number is also changed. If any person required by 39
sections 589.400 to 589.425 to register changes his or her 40
state, territory, the District of Columbia, or foreign 41
country, or federal, tribal, or military jurisdiction of 42
residence, the person shall appear in person and shall 43
inform both the chief law enforcement official with whom the 44
person was last registered and the chief law enforcement 45
official of the area in the new state, territory, the 46
District of Columbia, or foreign country, or federal, 47
tribal, or military jurisdiction having jurisdiction over 48
the new residence or address within three business days of 49
such new address. Whenever a registrant changes residence, 50
the chief law enforcement official of the county or city not 51
within a county where the person was previously registered 52
shall inform the Missouri state highway patrol of the change 53
within three business days. When the registrant is changing 54
the residence to a new state, territory, the District of 55
Columbia, or foreign country, or federal, tribal, or 56
military jurisdiction, the Missouri state highway patrol 57
shall inform the responsible official in the new state, 58
territory, the District of Columbia, or foreign country, or 59
federal, tribal, or military jurisdiction of residence 60
within three business days. 61
5. Tier I sexual offenders, in addition to the 62
requirements of subsections 1 to 4 of this section, shall 63
report in person to the chief law enforcement official 64 SB 143 198
annually in the month of their birth to verify the 65
information contained in their statement made pursuant to 66
section 589.407. Tier I sexual offenders include: 67
(1) Any offender who has been adjudicated for the 68
offense of: 69
(a) Sexual abuse in the first degree under section 70
566.100 if the victim is eighteen years of age or older; 71
(b) [Sexual misconduct involving a child under section 72
566.083 if it is a first offense and the punishment is less 73
than one year; 74
(c)] Sexual abuse in the second degree under section 75
566.101 if the punishment is less than a year; 76
[(d)] (c) Kidnapping in the second degree under 77
section 565.120 with sexual motivation; 78
[(e)] (d) Kidnapping in the third degree under section 79
565.130; 80
[(f)] (e) Sexual conduct with a nursing facility 81
resident or vulnerable person in the first degree under 82
section 566.115 if the punishment is less than one year; 83
[(g)] (f) Sexual conduct under section 566.116 with a 84
nursing facility resident or vulnerable person; 85
[(h)] (g) Sexual [contact with a prisoner or offender] 86
conduct in the course of public duty under section 566.145 87
if the victim is eighteen years of age or older; 88
[(i)] (h) Sex with an animal under section 566.111; 89
[(j)] (i) Trafficking for the purpose of sexual 90
exploitation under section 566.209 if the victim is eighteen 91
years of age or older; 92
[(k)] (j) Possession of child pornography under 93
section 573.037; 94
[(l)] (k) Sexual misconduct in the first degree under 95
section 566.093; 96 SB 143 199
[(m)] (l) Sexual misconduct in the second degree under 97
section 566.095; 98
[(n) Child molestation in the second degree under 99
section 566.068 as it existed prior to January 1, 2017, if 100
the punishment is less than one year;] or 101
[(o)] (m) Invasion of privacy under section 565.252 if 102
the victim is less than eighteen years of age; 103
(2) Any offender who is or has been adjudicated in any 104
other state, territory, the District of Columbia, or foreign 105
country, or under federal, tribal, or military jurisdiction 106
of an offense of a sexual nature or with a sexual element 107
that is comparable to the tier I sexual offenses listed in 108
this subsection or, if not comparable to those in this 109
subsection, comparable to those described as tier I offenses 110
under the Sex Offender Registration and Notification Act, 111
Title I of the Adam Walsh Child Protection and Safety Act of 112
2006, Pub. L. 109-248. 113
6. Tier II sexual offenders, in addition to the 114
requirements of subsections 1 to 4 of this section, shall 115
report semiannually in person in the month of their birth 116
and six months thereafter to the chief law enforcement 117
official to verify the information contained in their 118
statement made pursuant to section 589.407. Tier II sexual 119
offenders include: 120
(1) Any offender who has been adjudicated for the 121
offense of[: 122
(a) Statutory sodomy in the second degree under 123
section 566.064 if the victim is sixteen to seventeen years 124
of age; 125
(b) Child molestation in the third degree under 126
section 566.069 if the victim is between thirteen and 127
fourteen years of age; 128 SB 143 200
(c) Sexual contact with a student under section 129
566.086 if the victim is thirteen to seventeen years of age; 130
(d) Enticement of a child under section 566.151; 131
(e) Abuse of a child under section 568.060 if the 132
offense is of a sexual nature and the victim is thirteen to 133
seventeen years of age; 134
(f) Sexual exploitation of a minor under section 135
573.023; 136
(g) Promoting child pornography in the first degree 137
under section 573.025; 138
(h) Promoting child pornography in the second degree 139
under section 573.035; 140
(i)] patronizing prostitution under section 567.030; 141
[(j) Sexual contact with a prisoner or offender under 142
section 566.145 if the victim is thirteen to seventeen years 143
of age; 144
(k) Child molestation in the fourth degree under 145
section 566.071 if the victim is thirteen to seventeen years 146
of age; 147
(l) Sexual misconduct involving a child under section 148
566.083 if it is a first offense and the penalty is a term 149
of imprisonment of more than a year; or 150
(m) Age misrepresentation with intent to solicit a 151
minor under section 566.153;] 152
(2) Any person who is adjudicated of an offense 153
comparable to a tier I offense listed in this section or 154
failure to register offense under section 589.425 or 155
comparable out-of-state failure to register offense and who 156
is already required to register as a tier I offender due to 157
having been adjudicated of a tier I offense on a previous 158
occasion; or 159 SB 143 201
(3) Any person who is or has been adjudicated in any 160
other state, territory, the District of Columbia, or foreign 161
country, or under federal, tribal, or military jurisdiction 162
for an offense of a sexual nature or with a sexual element 163
that is comparable to the tier II sexual offenses listed in 164
this subsection or, if not comparable to those in this 165
subsection, comparable to those described as tier II 166
offenses under the Sex Offender Registration and 167
Notification Act, Title I of the Adam Walsh Child Protection 168
and Safety Act of 2006, Pub. L. 109-248. 169
7. Tier III sexual offenders, in addition to the 170
requirements of subsections 1 to 4 of this section, shall 171
report in person to the chief law enforcement official every 172
ninety days to verify the information contained in their 173
statement made under section 589.407. Tier III sexual 174
offenders include: 175
(1) Any offender registered as a predatory sexual 176
offender [as defined in section 566.123] or a persistent 177
sexual offender as defined in section [566.124] 566.125; 178
(2) Any offender who has been adjudicated for the 179
crime of: 180
(a) Rape in the first degree under section 566.030; 181
(b) Statutory rape in the first degree under section 182
566.032; 183
(c) Rape in the second degree under section 566.031; 184
(d) Endangering the welfare of a child in the first 185
degree under section 568.045 if the offense is sexual in 186
nature; 187
(e) Sodomy in the first degree under section 566.060; 188
(f) Statutory sodomy under section 566.062; 189
(g) Statutory sodomy under section 566.064 if the 190
victim is under sixteen years of age; 191 SB 143 202
(h) Sodomy in the second degree under section 566.061; 192
(i) Sexual misconduct involving a child under section 193
566.083 [if the offense is a second or subsequent offense]; 194
(j) Sexual abuse in the first degree under section 195
566.100 if the victim is under thirteen years of age; 196
(k) Age misrepresentation with intent to solicit a 197
minor under section 566.153; 198
(l) Enticement of a child under section 566.151; 199
(m) Kidnapping in the first degree under section 200
565.110 if the victim is under eighteen years of age, 201
excluding kidnapping by a parent or guardian; 202
[(l)] (n) Child kidnapping under section 565.115 with 203
sexual motivation; 204
[(m)] (o) Sexual conduct with a nursing facility 205
resident or vulnerable person in the first degree under 206
section 566.115 if the punishment is greater than a year; 207
[(n)] (p) Incest under section 568.020; 208
[(o)] (q) Endangering the welfare of a child in the 209
first degree under section 568.045 with sexual intercourse 210
or deviate sexual intercourse with a victim under eighteen 211
years of age; 212
[(p)] (r) Child molestation in the first degree under 213
section 566.067; 214
[(q)] (s) Child molestation in the second degree under 215
section 566.068 or child molestation in the second degree 216
under section 566.068 as it existed prior to January 1, 217
2017, if the punishment is less than one year; 218
[(r)] (t) Child molestation in the third degree under 219
section 566.069 if the victim is under [thirteen] fourteen 220
years of age; 221 SB 143 203
[(s)] (u) Promoting prostitution in the first degree 222
under section 567.050 if the victim is under eighteen years 223
of age; 224
[(t)] (v) Promoting prostitution in the second degree 225
under section 567.060 if the victim is under eighteen years 226
of age; 227
[(u)] (w) Promoting prostitution in the third degree 228
under section 567.070 if the victim is under eighteen years 229
of age; 230
[(v)] (x) Promoting travel for prostitution under 231
section 567.085 if the victim is under eighteen years of age; 232
[(w)] (y) Trafficking for the purpose of sexual 233
exploitation under section 566.209 if the victim is under 234
eighteen years of age; 235
[(x)] (z) Sexual trafficking of a child in the first 236
degree under section 566.210; 237
[(y)] (aa) Sexual trafficking of a child in the second 238
degree under section 566.211; 239
[(z)] (bb) Genital mutilation of a female child under 240
section 568.065; 241
[(aa)] (cc) Statutory rape in the second degree under 242
section 566.034; 243
[(bb)] (dd) Child molestation in the fourth degree 244
under section 566.071 if the victim is under [thirteen] 245
seventeen years of age; 246
[(cc)] (ee) Sexual abuse in the second degree under 247
section 566.101 if the penalty is a term of imprisonment of 248
more than a year; 249
[(dd)] (ff) Patronizing prostitution under section 250
567.030 if the offender is a persistent offender or if the 251
victim is under eighteen years of age; 252 SB 143 204
[(ee)] (gg) Abuse of a child under section 568.060 if 253
the offense is of a sexual nature and the victim is under 254
[thirteen] eighteen years of age; 255
[(ff)] (hh) Sexual [contact with a prisoner or 256
offender] conduct in the course of public duty under section 257
566.145 if the victim is under [thirteen] eighteen years of 258
age; 259
[(gg) Sexual intercourse with a prisoner or offender 260
under section 566.145; 261
(hh)] (ii) Sexual contact with a student under section 262
566.086 if the victim is under [thirteen] eighteen years of 263
age; 264
(jj) Sexual exploitation of a minor under section 265
573.023; 266
(kk) Promoting child pornography in the first degree 267
under section 573.025; 268
(ll) Promoting child pornography in the second degree 269
under section 573.035; 270
[(ii)] (mm) Use of a child in a sexual performance 271
under section 573.200; or 272
[(jj)] (nn) Promoting a sexual performance by a child 273
under section 573.205; 274
(3) Any offender who is adjudicated for a crime 275
comparable to a tier I or tier II offense listed in this 276
section or failure to register offense under section 277
589.425, or other comparable out-of-state failure to 278
register offense, who has been or is already required to 279
register as a tier II offender because of having been 280
adjudicated for a tier II offense, two tier I offenses, or 281
combination of a tier I offense and failure to register 282
offense, on a previous occasion; 283 SB 143 205
(4) Any offender who is adjudicated in any other 284
state, territory, the District of Columbia, or foreign 285
country, or under federal, tribal, or military jurisdiction 286
for an offense of a sexual nature or with a sexual element 287
that is comparable to a tier III offense listed in this 288
section or a tier III offense under the Sex Offender 289
Registration and Notification Act, Title I of the Adam Walsh 290
Child Protection and Safety Act of 2006, Pub. L. 109-248; or 291
(5) Any offender who is adjudicated in Missouri for 292
any offense of a sexual nature requiring registration under 293
sections 589.400 to 589.425 that is not classified as a tier 294
I or tier II offense in this section. 295
8. In addition to the requirements of subsections 1 to 296
7 of this section, all Missouri registrants who work, 297
including as a volunteer or unpaid intern, or attend any 298
school whether public or private, including any secondary 299
school, trade school, professional school, or institution of 300
higher education, on a full-time or part-time basis or have 301
a temporary residence in this state shall be required to 302
report in person to the chief law enforcement officer in the 303
area of the state where they work, including as a volunteer 304
or unpaid intern, or attend any school or training and 305
register in that state. "Part-time" in this subsection 306
means for more than seven days in any twelve-month period. 307
9. If a person who is required to register as a sexual 308
offender under sections 589.400 to 589.425 changes or 309
obtains a new online identifier as defined in section 310
43.651, the person shall report such information in the same 311
manner as a change of residence before using such online 312
identifier. 313
589.700. 1. In addition to any fine imposed for a 1
violation of section 566.203, 566.206, 566.209, 566.210, 2 SB 143 206
566.211, or 566.215, the court shall enter a judgment of 3
restitution in the amount specified in this subsection in 4
favor of the state of Missouri, payable to the human 5
trafficking and sexual exploitation fund established under 6
this section, upon a plea of guilty or a finding of guilt 7
for a violation of section 566.203, 566.206, 566.209, 8
566.210, 566.211, or 566.215. The judgment of restitution 9
shall be in the amount of: 10
(1) Ten thousand dollars per each identified victim of 11
the offense or offenses for which restitution is required 12
under this subsection; and 13
(2) Two thousand five hundred dollars for each county 14
in which such offense or offenses occurred. 15
2. There is hereby created in the state treasury the 16
"Human Trafficking and Sexual Exploitation Fund", which 17
shall consist of proceeds from the human trafficking 18
restitution collected for violations of sections 566.203, 19
566.206, 566.209, 566.210, 566.211, and 566.215. The state 20
treasurer shall be custodian of the fund. In accordance 21
with sections 30.170 and 30.180, the state treasurer may 22
approve disbursements. The fund shall be a dedicated fund 23
and, upon appropriation, moneys in this fund shall be 24
distributed to the county or counties where the human 25
trafficking offense or offenses occurred. Upon receipt of 26
moneys from the fund, a county shall allocate the 27
disbursement as follows: 28
(1) Ten thousand dollars per each identified victim of 29
the offense or offenses that occurred in the county toward 30
local rehabilitation services for victims of human 31
trafficking including, but not limited to, mental health and 32
substance abuse counseling; general education, including 33 SB 143 207
parenting skills; housing relief; vocational training; and 34
employment counseling; and 35
(2) Two thousand five hundred dollars toward local 36
efforts to prevent human trafficking including, but not 37
limited to, education programs for persons convicted of 38
human trafficking offenses and increasing the number of 39
local law enforcement members charged with enforcing human 40
trafficking laws. 41
3. Notwithstanding the provisions of section 33.080 to 42
the contrary, any moneys remaining in the fund at the end of 43
the biennium shall not revert to the credit of the general 44
revenue fund. 45
4. The state treasurer shall invest moneys in the fund 46
in the same manner as other funds are invested. Any 47
interest and moneys earned on such investments shall be 48
credited to the fund. 49
590.033. 1. The POST commission shall establish 1
minimum standards for a chief of police training course 2
which shall include at least forty hours of training. All 3
police chiefs appointed after August 28, 2023, shall attend 4
a chief of police training course certified by the POST 5
commission not later than [six] twelve months after the 6
person's appointment as a chief of police. 7
2. A chief of police may request an exemption from the 8
training in subsection 1 of this section by submitting to 9
the POST commission proof of completion of the Federal 10
Bureau of Investigation's national academy course or any 11
other equivalent training course within the previous ten 12
years or at least five years of experience as a police chief 13
in a Missouri law enforcement agency. 14
3. Any law enforcement agency who has a chief of 15
police appointed after August 28, 2023, who fails to 16 SB 143 208
complete a chief of police training course within [six] 17
twelve months of appointment shall be precluded from 18
receiving any POST commission training funds, state grant 19
funds, or federal grant funds until the police chief has 20
completed the training course. 21
4. While attending a chief of police training course, 22
the chief of police shall receive compensation in the same 23
manner and amount as if carrying out the powers and duties 24
of the chief of police. The cost of the chief of police 25
training course may be paid by moneys from the peace officer 26
standards and training commission fund created in section 27
590.178. 28
595.045. 1. There is established in the state 1
treasury the "Crime Victims' Compensation Fund". A 2
surcharge of seven dollars and fifty cents shall be assessed 3
as costs in each court proceeding filed in any court in the 4
state in all criminal cases including violations of any 5
county ordinance or any violation of criminal or traffic 6
laws of the state, including an infraction and violation of 7
a municipal ordinance; except that no such fee shall be 8
collected in any proceeding in any court when the proceeding 9
or the defendant has been dismissed by the court or when 10
costs are to be paid by the state, county, or municipality. 11
A surcharge of seven dollars and fifty cents shall be 12
assessed as costs in a juvenile court proceeding in which a 13
child is found by the court to come within the applicable 14
provisions of subdivision (3) of subsection 1 of section 15
211.031. 16
2. Notwithstanding any other provision of law to the 17
contrary, the moneys collected by clerks of the courts 18
pursuant to the provisions of subsection 1 of this section 19
shall be collected and disbursed in accordance with sections 20 SB 143 209
488.010 to 488.020 and shall be payable to the director of 21
the department of revenue. 22
3. The director of revenue shall deposit annually the 23
amount of two hundred fifty thousand dollars to the state 24
forensic laboratory account administered by the department 25
of public safety to provide financial assistance to defray 26
expenses of crime laboratories if such analytical 27
laboratories are registered with the federal Drug 28
Enforcement Agency or the Missouri department of health and 29
senior services. Subject to appropriations made therefor, 30
such funds shall be distributed by the department of public 31
safety to the crime laboratories serving the courts of this 32
state making analysis of a controlled substance or analysis 33
of blood, breath or urine in relation to a court proceeding. 34
4. The remaining funds collected under subsection 1 of 35
this section shall be denoted to the payment of an annual 36
appropriation for the administrative and operational costs 37
of the office for victims of crime and, if a statewide 38
automated crime victim notification system is established 39
pursuant to section 650.310, to the monthly payment of 40
expenditures actually incurred in the operation of such 41
system. Additional remaining funds shall be subject to the 42
following provisions: 43
(1) On the first of every month, the director of 44
revenue or the director's designee shall determine the 45
balance of the funds in the crime victims' compensation fund 46
available to satisfy the amount of compensation payable 47
pursuant to sections 595.010 to 595.075, excluding sections 48
595.050 and 595.055; 49
(2) Beginning on September 1, 2004, and on the first 50
of each month, the director of revenue or the director's 51
designee shall deposit fifty percent of the balance of funds 52 SB 143 210
available to the credit of the crime victims' compensation 53
fund and fifty percent to the services to victims' fund 54
established in section 595.100. 55
5. The director of revenue or such director's designee 56
shall at least monthly report the moneys paid pursuant to 57
this section into the crime victims' compensation fund and 58
the services to victims fund to the department of public 59
safety. 60
6. The moneys collected by clerks of municipal courts 61
pursuant to subsection 1 of this section shall be collected 62
and disbursed as provided by sections 488.010 to 488.020. 63
Five percent of such moneys shall be payable to the city 64
treasury of the city from which such funds were collected. 65
The remaining ninety-five percent of such moneys shall be 66
payable to the director of revenue. The funds received by 67
the director of revenue pursuant to this subsection shall be 68
distributed as follows: 69
(1) On the first of every month, the director of 70
revenue or the director's designee shall determine the 71
balance of the funds in the crime victims' compensation fund 72
available to satisfy the amount of compensation payable 73
pursuant to sections 595.010 to 595.075, excluding sections 74
595.050 and 595.055; 75
(2) Beginning on September 1, 2004, and on the first 76
of each month the director of revenue or the director's 77
designee shall deposit fifty percent of the balance of funds 78
available to the credit of the crime victims' compensation 79
fund and fifty percent to the services to victims' fund 80
established in section 595.100. 81
7. These funds shall be subject to a biennial audit by 82
the Missouri state auditor. Such audit shall include all 83 SB 143 211
records associated with crime victims' compensation funds 84
collected, held or disbursed by any state agency. 85
8. In addition to the moneys collected pursuant to 86
subsection 1 of this section, the court shall enter a 87
judgment in favor of the state of Missouri, payable to the 88
crime victims' compensation fund, of sixty-eight dollars 89
upon a plea of guilty or a finding of guilt for a class A or 90
B felony; forty-six dollars upon a plea of guilty or finding 91
of guilt for a class C [or], D, or E felony; and ten dollars 92
upon a plea of guilty or a finding of guilt for any 93
misdemeanor under Missouri law except for those in chapter 94
252 relating to fish and game, chapter 302 relating to 95
drivers' and commercial drivers' license, chapter 303 96
relating to motor vehicle financial responsibility, chapter 97
304 relating to traffic regulations, chapter 306 relating to 98
watercraft regulation and licensing, and chapter 307 99
relating to vehicle equipment regulations. Any clerk of the 100
court receiving moneys pursuant to such judgments shall 101
collect and disburse such crime victims' compensation 102
judgments in the manner provided by sections 488.010 to 103
488.020. Such funds shall be payable to the state treasury 104
and deposited to the credit of the crime victims' 105
compensation fund. 106
9. The clerk of the court processing such funds shall 107
maintain records of all dispositions described in subsection 108
1 of this section and all dispositions where a judgment has 109
been entered against a defendant in favor of the state of 110
Missouri in accordance with this section; all payments made 111
on judgments for alcohol-related traffic offenses; and any 112
judgment or portion of a judgment entered but not collected. 113
These records shall be subject to audit by the state 114
auditor. The clerk of each court transmitting such funds 115 SB 143 212
shall report separately the amount of dollars collected on 116
judgments entered for alcohol-related traffic offenses from 117
other crime victims' compensation collections or services to 118
victims collections. 119
10. The department of revenue shall maintain records 120
of funds transmitted to the crime victims' compensation fund 121
by each reporting court and collections pursuant to 122
subsection 16 of this section and shall maintain separate 123
records of collection for alcohol-related offenses. 124
11. The state courts administrator shall include in 125
the annual report required by section 476.350 the circuit 126
court caseloads and the number of crime victims' 127
compensation judgments entered. 128
12. All awards made to injured victims under sections 129
595.010 to 595.105 and all appropriations for administration 130
of sections 595.010 to 595.105, except sections 595.050 and 131
595.055, shall be made from the crime victims' compensation 132
fund. Any unexpended balance remaining in the crime 133
victims' compensation fund at the end of each biennium shall 134
not be subject to the provision of section 33.080 requiring 135
the transfer of such unexpended balance to the ordinary 136
revenue fund of the state, but shall remain in the crime 137
victims' compensation fund. In the event that there are 138
insufficient funds in the crime victims' compensation fund 139
to pay all claims in full, all claims shall be paid on a pro 140
rata basis. If there are no funds in the crime victims' 141
compensation fund, then no claim shall be paid until funds 142
have again accumulated in the crime victims' compensation 143
fund. When sufficient funds become available from the fund, 144
awards which have not been paid shall be paid in 145
chronological order with the oldest paid first. In the 146
event an award was to be paid in installments and some 147 SB 143 213
remaining installments have not been paid due to a lack of 148
funds, then when funds do become available that award shall 149
be paid in full. All such awards on which installments 150
remain due shall be paid in full in chronological order 151
before any other postdated award shall be paid. Any award 152
pursuant to this subsection is specifically not a claim 153
against the state, if it cannot be paid due to a lack of 154
funds in the crime victims' compensation fund. 155
13. When judgment is entered against a defendant as 156
provided in this section and such sum, or any part thereof, 157
remains unpaid, there shall be withheld from any 158
disbursement, payment, benefit, compensation, salary, or 159
other transfer of money from the state of Missouri to such 160
defendant an amount equal to the unpaid amount of such 161
judgment. Such amount shall be paid forthwith to the crime 162
victims' compensation fund and satisfaction of such judgment 163
shall be entered on the court record. Under no 164
circumstances shall the general revenue fund be used to 165
reimburse court costs or pay for such judgment. The 166
director of the department of corrections shall have the 167
authority to pay into the crime victims' compensation fund 168
from an offender's compensation or account the amount owed 169
by the offender to the crime victims' compensation fund, 170
provided that the offender has failed to pay the amount owed 171
to the fund prior to entering a correctional facility of the 172
department of corrections. 173
14. All interest earned as a result of investing funds 174
in the crime victims' compensation fund shall be paid into 175
the crime victims' compensation fund and not into the 176
general revenue of this state. 177 SB 143 214
15. Any person who knowingly makes a fraudulent claim 178
or false statement in connection with any claim hereunder is 179
guilty of a class A misdemeanor. 180
16. The department may receive gifts and contributions 181
for the benefit of crime victims. Such gifts and 182
contributions shall be credited to the crime victims' 183
compensation fund as used solely for compensating victims 184
under the provisions of sections 595.010 to 595.075. 185
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 SB 143 215
(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 association; 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 SB 143 216
levels of violence occur against African American women and 57
girls, including underlying historical, social, economic, 58
institutional, and cultural factors which 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 murdered 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 prosecution 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
[221.105. 1. The governing body of any 1
county and of any city not within a county shall 2
fix the amount to be expended for the cost of 3
incarceration of prisoners confined in jails or 4
medium security institutions. The per diem cost 5
of incarceration of these prisoners chargeable 6
by the law to the state shall be determined, 7 SB 143 217
subject to the review and approval of the 8
department of corrections. 9
2. When the final determination of any 10
criminal prosecution shall be such as to render 11
the state liable for costs under existing laws, 12
it shall be the duty of the sheriff to certify 13
to the clerk of the circuit court or court of 14
common pleas in which the case was determined 15
the total number of days any prisoner who was a 16
party in such case remained in the county jail. 17
It shall be the duty of the county commission to 18
supply the cost per diem for county prisons to 19
the clerk of the circuit court on the first day 20
of each year, and thereafter whenever the amount 21
may be changed. It shall then be the duty of 22
the clerk of the court in which the case was 23
determined to include in the bill of cost 24
against the state all fees which are properly 25
chargeable to the state. In any city not within 26
a county it shall be the duty of the 27
superintendent of any facility boarding 28
prisoners to certify to the chief executive 29
officer of such city not within a county the 30
total number of days any prisoner who was a 31
party in such case remained in such facility. 32
It shall be the duty of the superintendents of 33
such facilities to supply the cost per diem to 34
the chief executive officer on the first day of 35
each year, and thereafter whenever the amount 36
may be changed. It shall be the duty of the 37
chief executive officer to bill the state all 38
fees for boarding such prisoners which are 39
properly chargeable to the state. The chief 40
executive may by notification to the department 41
of corrections delegate such responsibility to 42
another duly sworn official of such city not 43
within a county. The clerk of the court of any 44
city not within a county shall not include such 45
fees in the bill of costs chargeable to the 46
state. The department of corrections shall 47
revise its criminal cost manual in accordance 48
with this provision. 49
3. Except as provided under subsection 6 50
of section 217.718, the actual costs chargeable 51 SB 143 218
to the state, including those incurred for a 52
prisoner who is incarcerated in the county jail 53
because the prisoner's parole or probation has 54
been revoked or because the prisoner has, or 55
allegedly has, violated any condition of the 56
prisoner's parole or probation, and such parole 57
or probation is a consequence of a violation of 58
a state statute, or the prisoner is a fugitive 59
from the Missouri department of corrections or 60
otherwise held at the request of the Missouri 61
department of corrections regardless of whether 62
or not a warrant has been issued shall be the 63
actual cost of incarceration not to exceed: 64
(1) Until July 1, 1996, seventeen dollars 65
per day per prisoner; 66
(2) On and after July 1, 1996, twenty 67
dollars per day per prisoner; 68
(3) On and after July 1, 1997, up to 69
thirty-seven dollars and fifty cents per day per 70
prisoner, subject to appropriations. 71
4. The presiding judge of a judicial 72
circuit may propose expenses to be reimbursable 73
by the state on behalf of one or more of the 74
counties in that circuit. Proposed reimbursable 75
expenses may include pretrial assessment and 76
supervision strategies for defendants who are 77
ultimately eligible for state incarceration. A 78
county may not receive more than its share of 79
the amount appropriated in the previous fiscal 80
year, inclusive of expenses proposed by the 81
presiding judge. Any county shall convey such 82
proposal to the department, and any such 83
proposal presented by a presiding judge shall 84
include the documented agreement with the 85
proposal by the county governing body, 86
prosecuting attorney, at least one associate 87
circuit judge, and the officer of the county 88
responsible for custody or incarceration of 89
prisoners of the county represented in the 90
proposal. Any county that declines to convey a 91
proposal to the department, pursuant to the 92
provisions of this subsection, shall receive its 93
per diem cost of incarceration for all prisoners 94
chargeable to the state in accordance with the 95 SB 143 219
provisions of subsections 1, 2, and 3 of this 96
section.] 97
Section B. Because immediate action is necessary to 1
further equip and enhance our criminal justice system to 2
fight violent crime in Missouri and protect our citizens and 3
residents due to the recent unprecedented wave of violent 4
crime across our nation and state, the repeal and 5
reenactment of sections 221.400, 221.402, 221.405, 221.407, 6
221.410, and 568.045 of this act is deemed necessary for the 7
immediate preservation of the public health, welfare, peace, 8
and safety, and is hereby declared to be an emergency act 9
within the meaning of the constitution, and the repeal and 10
reenactment of sections 221.400, 221.402, 221.405, 221.407, 11
221.410, and 568.045 of this act shall be in full force and 12
effect upon its passage and approval. 13
Section C. The repeal and reenactment of section 1
301.260 of this act shall take effect as soon as 2
technologically possible following the development and 3
maintenance of a modernized, integrated system for the 4
titling of vehicles, issuance and renewal of vehicle 5
registrations, issuance and renewal of driver's licenses and 6
identification cards, and perfection and release of liens 7
and encumbrances on vehicles, to be funded by the motor 8
vehicle administration technology fund as created in section 9
301.558. Following the development of the system, the 10
director of the department of revenue shall notify the 11
governor, the secretary of state, and the revisor of 12
statutes, and shall implement the provisions of section 13
301.260 of this act. 14
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