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. 284 103RD GENERAL ASSEMBLY INTRODUCED BY SENATOR BROWN (26). 1020S.01I KRISTINA MARTIN, Secretary AN ACT To repeal sections 190.142, 210.1505, 211.326, 324.035, 337.618, 455.010, 455.035, 455.513, 491.075, 491.641, 492.304, 566.151, 567.030, 590.050, and 610.131, RSMo, and section 56.265 as enacted by senate bill no. 672, ninety-seventh general assembly, second regular session, and section 56.265 as enacted by senate bill no. 275, ninetieth general assembly, first regular session, and to enact in lieu thereof twenty new sections relating to the protection of vulnerable persons, with penalty provisions. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Sections 190.142, 210.1505, 211.326, 324.035, 1 337.618, 455.010, 455.035, 455.513, 491.075, 491.641, 492.304, 2 566.151, 567.030, 590.050, and 610.131, RSMo, and section 3 56.265 as enacted by senate bill no. 672, ninety-seventh general 4 assembly, second regular session, and section 56.265 as enacted 5 by senate bill no. 275, ninetieth general assembly, first 6 regular session, are repealed and twenty new sections enacted 7 in lieu thereof, to be known as sections 27.170, 56.265, 8 190.142, 210.1505, 211.326, 324.035, 337.618, 455.010, 455.035, 9 455.513, 491.075, 491.641, 492.304, 556.039, 566.151, 566.207, 10 567.030, 589.700, 590.050, and 610.131, to read as follows:11 27.170. 1. There is hereby established the "Committee 1 on Sex and Human Trafficking Training". 2 2. The committee shall consist of the following 3 members: 4 SB 284 2 (1) A representative of the attorney general's office 5 who is involved in the office's anti-trafficking efforts 6 appointed by the attorney general; 7 (2) A representative of the department of public 8 safety with experience in human trafficking investigations 9 appointed by the director of the department of public safety; 10 (3) A representative from a child advocacy center 11 appointed by the director of a statewide nonprofit 12 organization that advocates for the protection of children; 13 (4) A juvenile officer appointed by the chief justice 14 of the supreme court of Missouri; 15 (5) A representative from an agency providing victim 16 services appointed by the director of the department of 17 social services; 18 (6) A representative from a child abuse medical 19 resource center, as defined in section 334.950, appointed by 20 the director of the department of health and senior 21 services; and 22 (7) The executive director of the Missouri office of 23 prosecution services or his or her designee. 24 3. The member who represents the attorney general's 25 office shall serve as chair of the committee. 26 4. Members of the committee shall serve without 27 compensation but may be reimbursed for actual expenses 28 necessary to the performance of their official duties for 29 the committee. 30 5. The committee shall annually evaluate, and 31 establish guidelines for, the sex and human trafficking 32 training required under sections 56.265, 190.142, 211.326, 33 337.618, and 590.050. The committee shall produce, and 34 distribute in a digital platform, training that meets its 35 SB 284 3 guidelines. The committee may approve training produced by 36 other entities as consistent with its guidelines. 37 6. Any board, department, or agency that regulates any 38 profession for which sex and human trafficking training is 39 required as described in subsection 5 of this section may 40 provide such training. Funding for the training shall be 41 subject to appropriations. 42 7. The provisions of this section shall become 43 effective on January 1, 2026, and shall expire on December 44 31, 2030. 45 [56.265. 1. The county prosecuting 1 attorney in any county, other than in a 2 chartered county, shall receive an annual salary 3 computed using the following schedule, when 4 applicable. The assessed valuation factor shall 5 be the amount thereof as shown for the year 6 immediately preceding the year for which the 7 computation is done. 8 (1) For a full-time prosecutor the 9 prosecutor shall receive compensation equal to 10 the compensation of an associate circuit judge; 11 (2) For a part-time prosecutor: 12 13 Assessed Valuation Amount 14 $18,000,000 to 40,999,999 $37,000 15 41,000,000 to 53,999,999 38,000 16 54,000,000 to 65,999,999 39,000 17 66,000,000 to 85,999,999 41,000 18 86,000,000 to 99,999,999 43,000 19 100,000,000 to 130,999,999 45,000 20 131,000,000 to 159,999,999 47,000 21 160,000,000 to 189,999,999 49,000 SB 284 4 2. Two thousand dollars of the salary 25 authorized in this section shall be payable to 26 the prosecuting attorney only if the prosecuting 27 attorney has completed at least twenty hours of 28 classroom instruction each calendar year 29 relating to the operations of the prosecuting 30 attorney's office when approved by a 31 professional association of the county 32 prosecuting attorneys of Missouri unless 33 exempted from the training by the professional 34 association. The professional association 35 approving the program shall provide a 36 certificate of completion to each prosecuting 37 attorney who completes the training program and 38 shall send a list of certified prosecuting 39 attorneys to the treasurer of each county. 40 Expenses incurred for attending the training 41 session may be reimbursed to the county 42 prosecuting attorney in the same manner as other 43 expenses as may be appropriated for that purpose. 44 3. As used in this section, the term 45 "prosecuting attorney" includes the circuit 46 attorney of any city not within a county. 47 4. The prosecuting attorney of any county 48 which becomes a county of the first 49 classification during a four-year term of office 50 or a county which passed the proposition 51 authorized by subsection 1 of section 56.363 52 shall not be required to devote full time to 53 such office pursuant to section 56.067 until the 54 beginning of the prosecuting attorney's next 55 term of office or until the proposition 56 otherwise becomes effective. 57 5. The provisions of section 56.066 shall 58 not apply to full-time prosecutors who are 59 22 190,000,000 to 249,999,999 51,000 23 250,000,000 to 299,999,999 53,000 24 300,000,000 or more 55,000 SB 284 5 compensated pursuant to subdivision (1) of 60 subsection 1 of this section.] 61 56.265. 1. The county prosecuting attorney in any 1 county, other than in a chartered county, shall receive an 2 annual salary computed using the following schedule, when 3 applicable. The assessed valuation factor shall be the 4 amount thereof as shown for the year immediately preceding 5 the year for which the computation is done. 6 (1) For a full-time prosecutor the prosecutor shall 7 receive compensation equal to the compensation of an 8 associate circuit judge; 9 (2) For a part-time prosecutor: 10 11 Assessed Valuation Amount 12 $18,000,000 to 40,999,999 $37,000 13 41,000,000 to 53,999,999 38,000 14 54,000,000 to 65,999,999 39,000 15 66,000,000 to 85,999,999 41,000 16 86,000,000 to 99,999,999 43,000 17 100,000,000 to 130,999,999 45,000 18 131,000,000 to 159,999,999 47,000 19 160,000,000 to 189,999,999 49,000 20 190,000,000 to 249,999,999 51,000 21 250,000,000 to 299,999,999 53,000 22 300,000,000 or more 55,000 SB 284 6 2. Two thousand dollars of the salary authorized in 23 this section shall be payable to the prosecuting attorney 24 only if the prosecuting attorney has completed: 25 (1) At least twenty hours of classroom instruction 26 each calendar year relating to the operations of the 27 prosecuting attorney's office when approved by a 28 professional association of the county prosecuting attorneys 29 of Missouri unless exempted from the training by the 30 professional association. The professional association 31 approving the program shall provide a certificate of 32 completion to each prosecuting attorney who completes the 33 training program and shall send a list of certified 34 prosecuting attorneys to the treasurer of each county. 35 Expenses incurred for attending the training session may be 36 reimbursed to the county prosecuting attorney in the same 37 manner as other expenses as may be appropriated for that 38 purpose; and 39 (2) One hour of sex and human trafficking training 40 each calendar year consistent with the guidelines 41 established in section 27.170. The provisions of this 42 subdivision shall become effective on January 1, 2026, and 43 shall expire on December 31, 2030. 44 3. As used in this section, the term "prosecuting 45 attorney" includes the circuit attorney of any city not 46 within a county. 47 4. The prosecuting attorney of any county which 48 becomes a county of the first classification during a four- 49 year term of office or a county which passed the proposition 50 authorized by section 56.363 shall not be required to devote 51 full time to such office pursuant to section 56.067 until 52 the beginning of the prosecuting attorney's next term of 53 office or until the proposition otherwise becomes effective. 54 SB 284 7 5. The provisions of section 56.066 shall not apply to 55 full-time prosecutors who are compensated pursuant to 56 subdivision (1) of subsection 1 of this section. 57 190.142. 1. (1) For applications submitted before 1 the recognition of EMS personnel licensure interstate 2 compact under sections 190.900 to 190.939 takes effect, the 3 department shall, within a reasonable time after receipt of 4 an application, cause such investigation as it deems 5 necessary to be made of the applicant for an emergency 6 medical technician's license. 7 (2) For applications submitted after the recognition 8 of EMS personnel licensure interstate compact under sections 9 190.900 to 190.939 takes effect, an applicant for initial 10 licensure as an emergency medical technician in this state 11 shall submit to a background check by the Missouri state 12 highway patrol and the Federal Bureau of Investigation 13 through a process approved by the department of health and 14 senior services. Such processes may include the use of 15 vendors or systems administered by the Missouri state 16 highway patrol. The department may share the results of 17 such a criminal background check with any emergency services 18 licensing agency in any member state, as that term is 19 defined under section 190.900, in recognition of the EMS 20 personnel licensure interstate compact. The department 21 shall not issue a license until the department receives the 22 results of an applicant's criminal background check from the 23 Missouri state highway patrol and the Federal Bureau of 24 Investigation, but, notwithstanding this subsection, the 25 department may issue a temporary license as provided under 26 section 190.143. Any fees due for a criminal background 27 check shall be paid by the applicant. 28 SB 284 8 (3) The director may authorize investigations into 29 criminal records in other states for any applicant. 30 2. The department shall issue a license to all levels 31 of emergency medical technicians, for a period of five 32 years, if the applicant meets the requirements established 33 pursuant to sections 190.001 to 190.245 and the rules 34 adopted by the department pursuant to sections 190.001 to 35 190.245. The department may promulgate rules relating to 36 the requirements for an emergency medical technician 37 including but not limited to: 38 (1) Age requirements; 39 (2) Emergency medical technician and paramedic 40 education and training requirements based on respective 41 National Emergency Medical Services Education Standards and 42 any modification to such curricula specified by the 43 department through rules adopted pursuant to sections 44 190.001 to 190.245; 45 (3) Paramedic accreditation requirements. Paramedic 46 training programs shall be accredited as required by the 47 National Registry of Emergency Medical Technicians; 48 (4) Initial licensure testing requirements. Initial 49 paramedic licensure testing shall be through the national 50 registry of EMTs; 51 (5) (a) Continuing education and relicensure 52 requirements. 53 (b) a. The department shall require each emergency 54 medical technician and each advanced emergency medical 55 technician, including each paramedic, to receive the 56 following training as part of the continuing education 57 requirements for relicensure: 58 (i) Any licensee who submits an application for 59 relicensure before January 1, 2027, shall have completed one 60 SB 284 9 hour of sex and human trafficking training, consistent with 61 the guidelines established in section 27.170, before such 62 submission; 63 (ii) Any licensee who submits an application for 64 relicensure after December 31, 2026, and before January 1, 65 2028, shall have completed two hours of sex and human 66 trafficking training, consistent with the guidelines 67 established in section 27.170, before such submission; 68 (iii) Any licensee who submits an application for 69 relicensure after December 31, 2027, and before January 1, 70 2029, shall have completed three hours of sex and human 71 trafficking training, consistent with the guidelines 72 established in section 27.170, before such submission; and 73 (iv) Any licensee who submits an application for 74 relicensure after December 31, 2028, and before January 1, 75 2030, shall have completed four hours of sex and human 76 trafficking training, consistent with the guidelines 77 established in section 27.170, before such submission. 78 b. The provisions of this paragraph shall become 79 effective on January 1, 2026, and shall expire on December 80 31, 2030; and 81 (6) Ability to speak, read and write the English 82 language. 83 3. Application for all levels of emergency medical 84 technician license shall be made upon such forms as 85 prescribed by the department in rules adopted pursuant to 86 sections 190.001 to 190.245. The application form shall 87 contain such information as the department deems necessary 88 to make a determination as to whether the emergency medical 89 technician meets all the requirements of sections 190.001 to 90 190.245 and rules promulgated pursuant to sections 190.001 91 to 190.245. 92 SB 284 10 4. All levels of emergency medical technicians may 93 perform only that patient care which is: 94 (1) Consistent with the training, education and 95 experience of the particular emergency medical technician; 96 and 97 (2) Ordered by a physician or set forth in protocols 98 approved by the medical director. 99 5. No person shall hold themselves out as an emergency 100 medical technician or provide the services of an emergency 101 medical technician unless such person is licensed by the 102 department. 103 6. Any rule or portion of a rule, as that term is 104 defined in section 536.010, that is created under the 105 authority delegated in this section shall become effective 106 only if it complies with and is subject to all of the 107 provisions of chapter 536 and, if applicable, section 108 536.028. This section and chapter 536 are nonseverable and 109 if any of the powers vested with the general assembly 110 pursuant to chapter 536 to review, to delay the effective 111 date, or to disapprove and annul a rule are subsequently 112 held unconstitutional, then the grant of rulemaking 113 authority and any rule proposed or adopted after August 28, 114 2002, shall be invalid and void. 115 210.1505. 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 SB 284 11 (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 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 SB 284 12 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 (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 SB 284 13 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 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 SB 284 14 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 appropriation, moneys in this fund shall be used solely to 112 pay for the position of the executive director of the 113 statewide council against adult trafficking and the 114 commercial sexual exploitation of children, education and 115 awareness regarding human trafficking, and anti-trafficking 116 efforts throughout the state of Missouri. 117 (2) Notwithstanding the provisions of section 33.080 118 to the contrary, any moneys remaining in the fund at the end 119 of the biennium shall not revert to the credit of the 120 general revenue fund. 121 (3) The state treasurer shall invest moneys in the 122 fund in the same manner as other funds are invested. Any 123 interest and moneys earned on such investments shall be 124 credited to the fund. 125 211.326. 1. The state courts administrator shall: 1 (1) Evaluate existing services by establishing 2 performance standards including performance standards for 3 juvenile courts receiving diversion funds; 4 (2) Develop standards for orientation training for all 5 new juvenile court professional personnel, including 6 juvenile officers, deputy juvenile officers and other 7 personnel deemed necessary by the state courts administrator; 8 (3) Develop standards for continuing education for 9 existing juvenile court professional personnel, including 10 SB 284 15 juvenile officers, deputy juvenile officers and other 11 personnel deemed necessary by the state courts administrator; 12 (4) Develop a process to evaluate services and collect 13 relevant outcome data; 14 (5) Develop a standardized assessment form for 15 classifying juvenile offenders; and 16 (6) Develop guidelines for juvenile court judges to 17 use in determining the length of time a child may be 18 detained prior to informal adjustment or formal adjudication. 19 2. Standards, training and assessment forms developed 20 pursuant to subsection 1 of this section shall be developed 21 considering racial disparities in the juvenile justice 22 system. 23 3. Continuing education standards established under 24 subdivision (3) of subsection 1 of this section shall 25 include a requirement that each juvenile officer annually 26 complete one hour of sex and human trafficking training 27 consistent with the guidelines established in section 28 27.170. The provisions of this subsection shall become 29 effective on January 1, 2026, and shall expire on December 30 31, 2030. 31 324.035. 1. No board, commission, or committee within 1 the division of professional registration shall utilize 2 occupational fees, or any other fees associated with 3 licensing requirements, or contract or partner with any 4 outside vendor or agency for the purpose of offering 5 continuing education classes unless the continuing education 6 program is approved by the director of the division of 7 professional registration and is available to all licensees 8 of the board, commission, or committee. 9 2. Nothing in this section shall be construed to 10 preclude a board, commission, or committee within the 11 SB 284 16 division of professional registration from utilizing 12 occupational licensure fees for the purpose of participating 13 in conferences, seminars, or other outreach for the purpose 14 of communicating information to licensees with respect to 15 changes in policy, law, or regulations. 16 337.618. 1. Each license issued pursuant to the 1 provisions of sections 337.600 to 337.689 shall expire on a 2 renewal date established by the director. The term of 3 licensure shall be twenty-four months. The committee shall 4 require a minimum number of thirty clock hours of continuing 5 education for renewal of a license issued pursuant to 6 sections 337.600 to 337.689, including two hours of suicide 7 assessment, referral, treatment, and management training. 8 The committee shall renew any license upon application for a 9 renewal, completion of the required continuing education 10 hours and upon payment of the fee established by the 11 committee pursuant to the provisions of section 337.612. As 12 provided by rule, the board may waive or extend the time 13 requirements for completion of continuing education for 14 reasons related to health, military service, foreign 15 residency, or for other good cause. All requests for 16 waivers or extensions of time shall be made in writing and 17 submitted to the board before the renewal date. 18 2. The hours of continuing education required for 19 renewal of a license under this section shall include two 20 hours of sex and human trafficking training consistent with 21 the guidelines established in section 27.170. The 22 provisions of this subsection shall become effective on 23 January 1, 2026, and shall expire on December 31, 2030. 24 455.010. As used in this chapter, unless the context 1 clearly indicates otherwise, the following terms shall mean: 2 SB 284 17 (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 (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 SB 284 18 (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 (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 SB 284 19 (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 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 SB 284 20 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 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. 28 455.513. 1. The court may immediately issue an ex 1 parte order of protection upon the filing of a verified 2 SB 284 21 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 may issue an ex parte order and shall transfer the case to 32 SB 284 22 juvenile court for a hearing on a full order of protection. 33 Service of process shall be made pursuant to section 455.035. 34 491.075. 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 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 SB 284 23 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 (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 SB 284 24 (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 attorneys' 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 circuit attorneys' 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 SB 284 25 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 attorneys' 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 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 SB 284 26 492.304. 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 who is 4 alleged to be a victim of] eighteen, or a vulnerable person, 5 relating to an offense under the provisions of chapter 565, 6 566 [or], 568, or 573, if performed by another, is 7 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 (6) The person conducting the interview of the child 28 or vulnerable person in the recording, or a current employee 29 of a child assessment center if a child was recorded, is 30 present at the proceeding and available to testify or be 31 cross-examined by either party; and 32 SB 284 27 (7) The defendant or the attorney for the defendant is 33 afforded an opportunity to view the recording before it is 34 offered into evidence. 35 2. If the child or vulnerable person does not testify 36 at the proceeding, the visual and aural recording of a 37 verbal or nonverbal statement of the child or vulnerable 38 person shall not be admissible under this section unless the 39 recording qualifies for admission under section 491.075. 40 3. If the visual and aural recording of a verbal or 41 nonverbal statement of a child or vulnerable person is 42 admissible under this section and the child or vulnerable 43 person testifies at the proceeding, it shall be admissible 44 in addition to the testimony of the child or vulnerable 45 person at the proceeding whether or not it repeats or 46 duplicates the child's or vulnerable person's testimony. 47 4. As used in this section, a nonverbal statement 48 shall be defined as any demonstration of the child or 49 vulnerable person by his or her actions, facial expressions, 50 demonstrations with a doll or other visual aid whether or 51 not this demonstration is accompanied by words. 52 5. For the purposes of this section, "vulnerable 53 person" shall mean a person who, as a result of an 54 inadequately developed or impaired intelligence or a 55 psychiatric disorder that materially affects the ability to 56 function, lacks the mental capacity to consent, or whose 57 developmental level does not exceed that of an ordinary 58 child of seventeen years of age. 59 556.039. Notwithstanding the provisions of section 1 556.036 to the contrary, prosecutions: 2 (1) Under sections 566.203 to 566.211 involving a 3 person nineteen years of age or older; or 4 SB 284 28 (2) Under section 566.203, 566.206, or 566.207 5 involving a person under nineteen years of age 6 shall be commenced no later than twenty years after the 7 commission of the offense. 8 566.151. 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 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. 17 566.207. 1. A person commits the offense of 1 patronizing a victim of sexual servitude if the person 2 knowingly gives, agrees to give, or offers to give anything 3 of value so that an individual may engage in a commercial 4 sex act with another individual and the person knows that 5 the other individual is a victim of sexual servitude. 6 2. The offense of patronizing a victim of sexual 7 servitude if the victim is eighteen years of age or older is 8 a felony punishable by imprisonment for a term of not less 9 SB 284 29 than five years and not more than twenty years and a fine 10 not to exceed two hundred fifty thousand dollars. 11 3. The offense of patronizing a victim of sexual 12 servitude if the victim is under eighteen years of age is a 13 felony for which the authorized term of imprisonment is life 14 imprisonment without eligibility for probation or parole 15 until the offender has served not less than twenty-five 16 years of such sentence. 17 4. An individual shall be deemed a victim of sexual 18 servitude for purposes of this section only if the 19 individual is a victim of the crime of trafficking for the 20 purposes of sexual exploitation under section 566.209. 21 567.030. 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] E felony, unless the individual who the 17 person patronizes is less than eighteen years of age but 18 older than [fourteen] fifteen years of age, in which case 19 patronizing prostitution is a class [E] D felony. 20 SB 284 30 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 (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. 33 589.700. 1. In addition to any fine imposed for a 1 violation of section 566.203, 566.206, 566.209, 566.210, 2 566.211, 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 SB 284 31 566.206, 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 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 SB 284 32 590.050. 1. (1) The POST commission shall establish 1 requirements for the continuing education of all peace 2 officers. 3 (2) Each peace officer shall be required to receive 4 two hours of sex and human trafficking training consistent 5 with the guidelines established in section 27.170 within the 6 law enforcement continuing education one-year reporting 7 period. The provisions of this subdivision shall become 8 effective on January 1, 2026, and shall expire on December 9 31, 2030. 10 (3) Peace officers who make traffic stops shall be 11 required to receive [three hours] one hour of training 12 within the law enforcement continuing education [three-year] 13 one-year reporting period concerning the prohibition against 14 racial profiling and such training shall promote 15 understanding and respect for racial and cultural 16 differences and the use of effective, noncombative methods 17 for carrying out law enforcement duties in a racially and 18 culturally diverse environment. 19 2. The director shall license continuing education 20 providers and may probate, suspend and revoke such licenses 21 upon written notice stating the reasons for such action. 22 Any person aggrieved by a decision of the director pursuant 23 to this subsection may appeal as provided in chapter 536. 24 3. The costs of continuing law enforcement education 25 shall be reimbursed in part by moneys from the peace officer 26 standards and training commission fund created in section 27 590.178, subject to availability of funds, except that no 28 such funds shall be used for the training of any person not 29 actively commissioned or employed by a county or municipal 30 law enforcement agency. 31 SB 284 33 4. The director may engage in any activity intended to 32 further the professionalism of peace officers through 33 training and education, including the provision of 34 specialized training through the department of public safety. 35 610.131. 1. Notwithstanding the provisions of section 1 610.140 to the contrary, a person who [at the time of the 2 offense was under the age of eighteen, and] has pleaded 3 guilty to or has been convicted [for] of the offense of 4 prostitution under section 567.020 may apply to the court in 5 which he or she pled guilty or was sentenced for an order to 6 expunge from all official records all recordations of his or 7 her arrest, plea, trial, or conviction. If the court 8 determines that such person [was under the age of eighteen 9 or] was acting under the coercion, as defined in section 10 566.200, of an agent when committing the offense that 11 resulted in a plea of guilty or conviction under section 12 567.020, the court shall enter an order of expungement. 13 2. Upon granting of the order of expungement, the 14 records and files maintained in any administrative or court 15 proceeding in an associate or circuit division of the 16 circuit court under this section shall be confidential and 17 only available to the parties or by order of the court for 18 good cause shown. The effect of such order shall be to 19 restore such person to the status he or she occupied prior 20 to such arrest, plea, or conviction and as if such event had 21 never taken place. No person as to whom such order has been 22 entered shall be held thereafter under any provision of any 23 law to be guilty of perjury or otherwise giving a false 24 statement by reason of his or her failure to recite or 25 acknowledge such arrest, plea, trial, conviction, or 26 expungement in response to any inquiry made of him or her 27 for any purpose whatsoever and no such inquiry shall be made 28 SB 284 34 for information relating to an expungement under this 29 section. 30 