1 | 1 | | |
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2 | 2 | | EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted |
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3 | 3 | | and is intended to be omitted in the law. |
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4 | 4 | | FIRST REGULAR SESSION |
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5 | 5 | | SENATE BILL NO. 259 |
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6 | 6 | | 103RD GENERAL ASSEMBLY |
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7 | 7 | | INTRODUCED BY SENATOR WASHINGTON. |
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8 | 8 | | 0862S.01I KRISTINA MARTIN, Secretary |
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9 | 9 | | AN ACT |
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10 | 10 | | To repeal sections 565.002 and 565.240, RSMo, and to enact in lieu thereof two new sections |
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11 | 11 | | relating to offenses against employees of election authorities, with penalty provisions. |
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12 | 12 | | |
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13 | 13 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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14 | 14 | | Section A. Sections 565.002 and 565.240, RSMo, are 1 |
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15 | 15 | | repealed and two new sections enacted in lieu thereof, to b e 2 |
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16 | 16 | | known as sections 565.002 and 565.240, to read as follows:3 |
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17 | 17 | | 565.002. As used in this chapter, unless a different 1 |
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18 | 18 | | meaning is otherwise plainly required the following terms 2 |
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19 | 19 | | mean: 3 |
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20 | 20 | | (1) "Adequate cause", cause that would reasonably 4 |
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21 | 21 | | produce a degree of passion in a person of ordinary 5 |
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22 | 22 | | temperament sufficient to substantially impair an ordinary 6 |
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23 | 23 | | person's capacity for self -control; 7 |
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24 | 24 | | (2) "Child", a person under seventeen years of age; 8 |
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25 | 25 | | (3) "Conduct", includes any act or omission; 9 |
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26 | 26 | | (4) "Course of conduct", a pattern of conduct composed 10 |
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27 | 27 | | of two or more acts, which may include communication by any 11 |
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28 | 28 | | means, over a period of time, however short, evidencing a 12 |
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29 | 29 | | continuity of purpose. Constitutionally protected activity 13 |
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30 | 30 | | is not included within the meaning of course of conduct. 14 |
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31 | 31 | | Such constitutionally protected activity includes picketing 15 |
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32 | 32 | | or other organized protests; 16 |
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33 | 33 | | (5) "Deliberation", cool reflection for any length of 17 |
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34 | 34 | | time no matter how brief; 18 SB 259 2 |
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35 | 35 | | (6) "Domestic victim", a household or family member as 19 |
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36 | 36 | | the term "family" or "household member" is defined in 20 |
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37 | 37 | | section 455.010, including any child who is a member of the 21 |
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38 | 38 | | household or family; 22 |
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39 | 39 | | (7) "Emotional distress", something markedly greater 23 |
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40 | 40 | | than the level of uneasiness, nervousnes s, unhappiness, or 24 |
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41 | 41 | | the like which are commonly experienced in day -to-day living; 25 |
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42 | 42 | | (8) "Full or partial nudity", the showing of all or 26 |
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43 | 43 | | any part of the human genitals, pubic area, buttock, or any 27 |
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44 | 44 | | part of the nipple of the breast of any female person, with 28 |
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45 | 45 | | less than a fully opaque covering; 29 |
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46 | 46 | | (9) "Legal custody", the right to the care, custody 30 |
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47 | 47 | | and control of a child; 31 |
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48 | 48 | | (10) "Parent", either a biological parent or a parent 32 |
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49 | 49 | | by adoption; 33 |
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50 | 50 | | (11) "Person having a right of custody", a parent o r 34 |
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51 | 51 | | legal guardian of the child; 35 |
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52 | 52 | | (12) "Photographs" or "films", the making of any 36 |
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53 | 53 | | photograph, motion picture film, videotape, or any other 37 |
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54 | 54 | | recording or transmission of the image of a person; 38 |
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55 | 55 | | (13) "Place where a person would have a reasonable 39 |
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56 | 56 | | expectation of privacy", any place where a reasonable person 40 |
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57 | 57 | | would believe that a person could disrobe in privacy, 41 |
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58 | 58 | | without being concerned that the person's undressing was 42 |
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59 | 59 | | being viewed, photographed or filmed by another; 43 |
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60 | 60 | | (14) "Special victim", any of the following: 44 |
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61 | 61 | | (a) A law enforcement officer assaulted in the 45 |
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62 | 62 | | performance of his or her official duties or as a direct 46 |
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63 | 63 | | result of such official duties; 47 |
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64 | 64 | | (b) Emergency personnel, any paid or volunteer 48 |
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65 | 65 | | firefighter, emergency room, hospital, or trauma center 49 |
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66 | 66 | | personnel, or emergency medical technician, assaulted in the 50 SB 259 3 |
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67 | 67 | | performance of his or her official duties or as a direct 51 |
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68 | 68 | | result of such official duties; 52 |
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69 | 69 | | (c) A probation and parole officer assaulted in the 53 |
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70 | 70 | | performance of his or her o fficial duties or as a direct 54 |
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71 | 71 | | result of such official duties; 55 |
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72 | 72 | | (d) An elderly person; 56 |
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73 | 73 | | (e) A person with a disability; 57 |
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74 | 74 | | (f) A vulnerable person; 58 |
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75 | 75 | | (g) Any jailer or corrections officer of the state or 59 |
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76 | 76 | | one of its political subdivisions assaulted in the 60 |
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77 | 77 | | performance of his or her official duties or as a direct 61 |
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78 | 78 | | result of such official duties; 62 |
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79 | 79 | | (h) A highway worker in a construction or work zone as 63 |
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80 | 80 | | the terms "highway worker", "construction zone", and "work 64 |
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81 | 81 | | zone" are defined under se ction 304.580; 65 |
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82 | 82 | | (i) Any utility worker, meaning any employee of a 66 |
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83 | 83 | | utility that provides gas, heat, electricity, water, steam, 67 |
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84 | 84 | | telecommunications services, or sewer services, whether 68 |
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85 | 85 | | privately, municipally, or cooperatively owned, while in the 69 |
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86 | 86 | | performance of his or her job duties, including any person 70 |
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87 | 87 | | employed under a contract; 71 |
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88 | 88 | | (j) Any cable worker, meaning any employee of a cable 72 |
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89 | 89 | | operator, as such term is defined in section 67.2677, 73 |
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90 | 90 | | including any person employed under contract, while in th e 74 |
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91 | 91 | | performance of his or her job duties; [and] 75 |
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92 | 92 | | (k) Any employee of a mass transit system, including 76 |
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93 | 93 | | any employee of public bus or light rail companies, while in 77 |
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94 | 94 | | the performance of his or her job duties; and 78 |
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95 | 95 | | (l) Any employee of an election aut hority as defined 79 |
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96 | 96 | | in section 115.015; 80 |
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97 | 97 | | (15) "Sudden passion", passion directly caused by and 81 |
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98 | 98 | | arising out of provocation by the victim or another acting 82 SB 259 4 |
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99 | 99 | | with the victim which passion arises at the time of the 83 |
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100 | 100 | | offense and is not solely the result of former provocation; 84 |
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101 | 101 | | (16) "Trier", the judge or jurors to whom issues of 85 |
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102 | 102 | | fact, guilt or innocence, or the assessment and declaration 86 |
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103 | 103 | | of punishment are submitted for decision; 87 |
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104 | 104 | | (17) "Views", the looking upon of another person, with 88 |
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105 | 105 | | the unaided eye or with any device designed or intended to 89 |
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106 | 106 | | improve visual acuity, for the purpose of arousing or 90 |
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107 | 107 | | gratifying the sexual desire of any person. 91 |
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108 | 108 | | 565.240. 1. A person commits the offense of unlawful 1 |
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109 | 109 | | posting of certain information ov er the internet if he or 2 |
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110 | 110 | | she knowingly posts the name, home address, Social Security 3 |
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111 | 111 | | number, telephone number, or any other personally 4 |
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112 | 112 | | identifiable information of any person on the internet 5 |
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113 | 113 | | intending to cause great bodily harm or death, or 6 |
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114 | 114 | | threatening to cause great bodily harm or death to such 7 |
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115 | 115 | | person. 8 |
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116 | 116 | | 2. The offense of unlawful posting of certain 9 |
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117 | 117 | | information over the internet is a class C misdemeanor, 10 |
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118 | 118 | | unless the person knowingly posts on the internet the name, 11 |
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119 | 119 | | home address, Social Security n umber, telephone number, or 12 |
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120 | 120 | | any other personally identifiable information of any law 13 |
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121 | 121 | | enforcement officer, corrections officer, parole officer, 14 |
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122 | 122 | | judge, commissioner, [or] prosecuting attorney, or any 15 |
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123 | 123 | | employee of an election authority as defined in sectio n 16 |
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124 | 124 | | 115.015, or of any immediate family member of such law 17 |
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125 | 125 | | enforcement officer, corrections officer, parole officer, 18 |
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126 | 126 | | judge, commissioner, [or] prosecuting attorney, or any 19 |
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127 | 127 | | employee of an election authority as defined in section 20 |
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128 | 128 | | 115.015, intending to cause great bodily harm or death, or 21 |
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129 | 129 | | threatening to cause great bodily harm or death, in which 22 |
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130 | 130 | | case it is a class E felony, and if such intention or threat 23 SB 259 5 |
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131 | 131 | | results in bodily harm or death to such person or immediate 24 |
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132 | 132 | | family member, the offense of unlawful posting of certain 25 |
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133 | 133 | | information over the internet is a class D felony. 26 |
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134 | 134 | | |
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