| 1 | 1 | | |
|---|
| 2 | 2 | | FIRST REGULAR SESSION |
|---|
| 3 | 3 | | SENATE BILL NO. 197 |
|---|
| 4 | 4 | | 103RD GENERAL ASSEMBLY |
|---|
| 5 | 5 | | INTRODUCED BY SENATOR MOON. |
|---|
| 6 | 6 | | 0615S.01I KRISTINA MARTIN, Secretary |
|---|
| 7 | 7 | | AN ACT |
|---|
| 8 | 8 | | To amend chapter 455, RSMo, by adding thereto one new section relating to the sole purpose of |
|---|
| 9 | 9 | | protective orders. |
|---|
| 10 | 10 | | |
|---|
| 11 | 11 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
|---|
| 12 | 12 | | Section A. Chapter 455, RSMo, is amended by adding the reto 1 |
|---|
| 13 | 13 | | one new section, to be known as section 455.098, to read as 2 |
|---|
| 14 | 14 | | follows:3 |
|---|
| 15 | 15 | | 455.098. 1. Upon the request of the victim or the 1 |
|---|
| 16 | 16 | | prosecuting or circuit attorney, a court shall have 2 |
|---|
| 17 | 17 | | jurisdiction at the time of sentencing to enter a lifetime 3 |
|---|
| 18 | 18 | | protection order restraining or enjoining the defendant from 4 |
|---|
| 19 | 19 | | contacting the victim if the defendant has been found guilty 5 |
|---|
| 20 | 20 | | of a dangerous felony, as defined in section 556.061. The 6 |
|---|
| 21 | 21 | | protection order shall be effective immediately and shall be 7 |
|---|
| 22 | 22 | | served on the defend ant at the time of sentencing. An order 8 |
|---|
| 23 | 23 | | issued pursuant to this section shall not expire and is 9 |
|---|
| 24 | 24 | | valid for the defendant's lifetime unless: 10 |
|---|
| 25 | 25 | | (1) The defendant makes a showing to the court that 11 |
|---|
| 26 | 26 | | the victim has died or the conviction has been dismisse d, 12 |
|---|
| 27 | 27 | | expunged, or overturned or the defendant has been pardoned; 13 |
|---|
| 28 | 28 | | or 14 |
|---|
| 29 | 29 | | (2) The victim submits a written request to the court 15 |
|---|
| 30 | 30 | | for an early expiration upon which the court may hold a 16 |
|---|
| 31 | 31 | | hearing to terminate the order. 17 SB 197 2 |
|---|
| 32 | 32 | | 2. A copy of any order of protec tion granted pursuant 18 |
|---|
| 33 | 33 | | to this section shall be issued to the victim and to the 19 |
|---|
| 34 | 34 | | local law enforcement agency in the jurisdiction where the 20 |
|---|
| 35 | 35 | | victim resides. The court shall provide all necessary 21 |
|---|
| 36 | 36 | | information, including the defendant's relationship to the 22 |
|---|
| 37 | 37 | | victim, for entry of the order of protection into the 23 |
|---|
| 38 | 38 | | Missouri Uniform Law Enforcement System (MULES) and the 24 |
|---|
| 39 | 39 | | National Crime Information Center (NCIC). Upon receiving 25 |
|---|
| 40 | 40 | | the order under this subsection, the sheriff shall make the 26 |
|---|
| 41 | 41 | | entry into MULES within twenty-four hours. MULES shall 27 |
|---|
| 42 | 42 | | forward the order information to NCIC, which will in turn 28 |
|---|
| 43 | 43 | | make the order viewable within the National Instant Criminal 29 |
|---|
| 44 | 44 | | Background Check System (NICS). The sheriff shall enter 30 |
|---|
| 45 | 45 | | information contained in the order, includi ng, but not 31 |
|---|
| 46 | 46 | | limited to, any orders regarding child custody or visitation 32 |
|---|
| 47 | 47 | | and all specifics as to times and dates of custody or 33 |
|---|
| 48 | 48 | | visitation that are provided in the order. A notice of 34 |
|---|
| 49 | 49 | | termination of any order of protection or any change in 35 |
|---|
| 50 | 50 | | child custody or visitation within that order shall be 36 |
|---|
| 51 | 51 | | issued to the local law enforcement agency for entry into 37 |
|---|
| 52 | 52 | | MULES or any other comparable law enforcement system. The 38 |
|---|
| 53 | 53 | | information contained in an order of protection may be 39 |
|---|
| 54 | 54 | | entered into MULES or any other compa rable law enforcement 40 |
|---|
| 55 | 55 | | system using a direct automated data transfer from the court 41 |
|---|
| 56 | 56 | | automated system to the law enforcement system. 42 |
|---|
| 57 | 57 | | |
|---|