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 | | |
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5 | 5 | | FIRST REGULAR SESSION |
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6 | 6 | | SENATE BILL NO. 284 |
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7 | 7 | | 103RD GENERAL ASSEMBLY |
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8 | 8 | | |
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9 | 9 | | INTRODUCED BY SENATOR BROWN (26). |
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10 | 10 | | 1020S.01I KRISTINA MARTIN, Secretary |
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11 | 11 | | AN ACT |
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12 | 12 | | To repeal sections 190.142, 210.1505, 211.326, 324.035, 337.618, 455.010, 455.035, 455.513, |
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13 | 13 | | 491.075, 491.641, 492.304, 566.151, 567.030, 590.050, and 610.131, RSMo, and |
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14 | 14 | | section 56.265 as enacted by senate bill no. 672, ninety-seventh general assembly, |
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15 | 15 | | second regular session, and section 56.265 as enacted by senate bill no. 275, ninetieth |
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16 | 16 | | general assembly, first regular session, and to enact in lieu thereof twenty new sections |
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17 | 17 | | relating to the protection of vulnerable persons, with penalty provisions. |
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18 | 18 | | |
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19 | 19 | | |
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20 | 20 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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21 | 21 | | Section A. Sections 190.142, 210.1505, 211.326, 324.035, 1 |
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22 | 22 | | 337.618, 455.010, 455.035, 455.513, 491.075, 491.641, 492.304, 2 |
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23 | 23 | | 566.151, 567.030, 590.050, and 610.131, RSMo, and section 3 |
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24 | 24 | | 56.265 as enacted by senate bill no. 672, ninety-seventh general 4 |
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25 | 25 | | assembly, second regular session, and section 56.265 as enacted 5 |
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26 | 26 | | by senate bill no. 275, ninetieth general assembly, first 6 |
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27 | 27 | | regular session, are repealed and twenty new sections enacted 7 |
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28 | 28 | | in lieu thereof, to be known as sections 27.170, 56.265, 8 |
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29 | 29 | | 190.142, 210.1505, 211.326, 324.035, 337.618, 455.010, 455.035, 9 |
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30 | 30 | | 455.513, 491.075, 491.641, 492.304, 556.039, 566.151, 566.207, 10 |
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31 | 31 | | 567.030, 589.700, 590.050, and 610.131, to read as follows:11 |
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32 | 32 | | 27.170. 1. There is hereby established the "Committee 1 |
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33 | 33 | | on Sex and Human Trafficking Training". 2 |
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34 | 34 | | 2. The committee shall consist of the following 3 |
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35 | 35 | | members: 4 SB 284 2 |
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36 | 36 | | (1) A representative of the attorney general's office 5 |
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37 | 37 | | who is involved in the office's anti-trafficking efforts 6 |
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38 | 38 | | appointed by the attorney general; 7 |
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39 | 39 | | (2) A representative of the department of public 8 |
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40 | 40 | | safety with experience in human trafficking investigations 9 |
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41 | 41 | | appointed by the director of the department of public safety; 10 |
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42 | 42 | | (3) A representative from a child advocacy center 11 |
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43 | 43 | | appointed by the director of a statewide nonprofit 12 |
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44 | 44 | | organization that advocates for the protection of children; 13 |
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45 | 45 | | (4) A juvenile officer appointed by the chief justice 14 |
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46 | 46 | | of the supreme court of Missouri; 15 |
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47 | 47 | | (5) A representative from an agency providing victim 16 |
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48 | 48 | | services appointed by the director of the department of 17 |
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49 | 49 | | social services; 18 |
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50 | 50 | | (6) A representative from a child abuse medical 19 |
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51 | 51 | | resource center, as defined in section 334.950, appointed by 20 |
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52 | 52 | | the director of the department of health and senior 21 |
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53 | 53 | | services; and 22 |
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54 | 54 | | (7) The executive director of the Missouri office of 23 |
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55 | 55 | | prosecution services or his or her designee. 24 |
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56 | 56 | | 3. The member who represents the attorney general's 25 |
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57 | 57 | | office shall serve as chair of the committee. 26 |
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58 | 58 | | 4. Members of the committee shall serve without 27 |
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59 | 59 | | compensation but may be reimbursed for actual expenses 28 |
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60 | 60 | | necessary to the performance of their official duties for 29 |
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61 | 61 | | the committee. 30 |
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62 | 62 | | 5. The committee shall annually evaluate, and 31 |
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63 | 63 | | establish guidelines for, the sex and human trafficking 32 |
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64 | 64 | | training required under sections 56.265, 190.142, 211.326, 33 |
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65 | 65 | | 337.618, and 590.050. The committee shall produce, and 34 |
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66 | 66 | | distribute in a digital platform, training that meets its 35 SB 284 3 |
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67 | 67 | | guidelines. The committee may approve training produced by 36 |
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68 | 68 | | other entities as consistent with its guidelines. 37 |
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69 | 69 | | 6. Any board, department, or agency that regulates any 38 |
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70 | 70 | | profession for which sex and human trafficking training is 39 |
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71 | 71 | | required as described in subsection 5 of this section may 40 |
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72 | 72 | | provide such training. Funding for the training shall be 41 |
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73 | 73 | | subject to appropriations. 42 |
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74 | 74 | | 7. The provisions of this section shall become 43 |
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75 | 75 | | effective on January 1, 2026, and shall expire on December 44 |
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76 | 76 | | 31, 2030. 45 |
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77 | 77 | | [56.265. 1. The county prosecuting 1 |
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78 | 78 | | attorney in any county, other than in a 2 |
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79 | 79 | | chartered county, shall receive an annual salary 3 |
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80 | 80 | | computed using the following schedule, when 4 |
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81 | 81 | | applicable. The assessed valuation factor shall 5 |
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82 | 82 | | be the amount thereof as shown for the year 6 |
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83 | 83 | | immediately preceding the year for which the 7 |
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84 | 84 | | computation is done. 8 |
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85 | 85 | | (1) For a full-time prosecutor the 9 |
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86 | 86 | | prosecutor shall receive compensation equal to 10 |
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87 | 87 | | the compensation of an associate circuit judge; 11 |
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88 | 88 | | (2) For a part-time prosecutor: 12 |
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89 | 89 | | 13 Assessed Valuation Amount |
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90 | 90 | | 14 $18,000,000 to 40,999,999 $37,000 |
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91 | 91 | | 15 41,000,000 to 53,999,999 38,000 |
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92 | 92 | | 16 54,000,000 to 65,999,999 39,000 |
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93 | 93 | | 17 66,000,000 to 85,999,999 41,000 |
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94 | 94 | | 18 86,000,000 to 99,999,999 43,000 |
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95 | 95 | | 19 100,000,000 to 130,999,999 45,000 |
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96 | 96 | | 20 131,000,000 to 159,999,999 47,000 |
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97 | 97 | | 21 160,000,000 to 189,999,999 49,000 SB 284 4 |
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98 | 98 | | 2. Two thousand dollars of the salary 25 |
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99 | 99 | | authorized in this section shall be payable to 26 |
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100 | 100 | | the prosecuting attorney only if the prosecuting 27 |
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101 | 101 | | attorney has completed at least twenty hours of 28 |
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102 | 102 | | classroom instruction each calendar year 29 |
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103 | 103 | | relating to the operations of the prosecuting 30 |
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104 | 104 | | attorney's office when approved by a 31 |
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105 | 105 | | professional association of the county 32 |
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106 | 106 | | prosecuting attorneys of Missouri unless 33 |
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107 | 107 | | exempted from the training by the professional 34 |
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108 | 108 | | association. The professional association 35 |
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109 | 109 | | approving the program shall provide a 36 |
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110 | 110 | | certificate of completion to each prosecuting 37 |
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111 | 111 | | attorney who completes the training program and 38 |
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112 | 112 | | shall send a list of certified prosecuting 39 |
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113 | 113 | | attorneys to the treasurer of each county. 40 |
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114 | 114 | | Expenses incurred for attending the training 41 |
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115 | 115 | | session may be reimbursed to the county 42 |
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116 | 116 | | prosecuting attorney in the same manner as other 43 |
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117 | 117 | | expenses as may be appropriated for that purpose. 44 |
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118 | 118 | | 3. As used in this section, the term 45 |
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119 | 119 | | "prosecuting attorney" includes the circuit 46 |
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120 | 120 | | attorney of any city not within a county. 47 |
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121 | 121 | | 4. The prosecuting attorney of any county 48 |
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122 | 122 | | which becomes a county of the first 49 |
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123 | 123 | | classification during a four-year term of office 50 |
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124 | 124 | | or a county which passed the proposition 51 |
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125 | 125 | | authorized by subsection 1 of section 56.363 52 |
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126 | 126 | | shall not be required to devote full time to 53 |
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127 | 127 | | such office pursuant to section 56.067 until the 54 |
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128 | 128 | | beginning of the prosecuting attorney's next 55 |
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129 | 129 | | term of office or until the proposition 56 |
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130 | 130 | | otherwise becomes effective. 57 |
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131 | 131 | | 5. The provisions of section 56.066 shall 58 |
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132 | 132 | | not apply to full-time prosecutors who are 59 |
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133 | 133 | | 22 190,000,000 to 249,999,999 51,000 |
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134 | 134 | | 23 250,000,000 to 299,999,999 53,000 |
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135 | 135 | | 24 300,000,000 or more 55,000 SB 284 5 |
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136 | 136 | | compensated pursuant to subdivision (1) of 60 |
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137 | 137 | | subsection 1 of this section.] 61 |
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138 | 138 | | 56.265. 1. The county prosecuting attorney in any 1 |
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139 | 139 | | county, other than in a chartered county, shall receive an 2 |
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140 | 140 | | annual salary computed using the following schedule, when 3 |
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141 | 141 | | applicable. The assessed valuation factor shall be the 4 |
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142 | 142 | | amount thereof as shown for the year immediately preceding 5 |
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143 | 143 | | the year for which the computation is done. 6 |
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144 | 144 | | (1) For a full-time prosecutor the prosecutor shall 7 |
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145 | 145 | | receive compensation equal to the compensation of an 8 |
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146 | 146 | | associate circuit judge; 9 |
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147 | 147 | | (2) For a part-time prosecutor: 10 |
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148 | 148 | | 11 Assessed Valuation Amount |
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149 | 149 | | 12 $18,000,000 to 40,999,999 $37,000 |
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150 | 150 | | 13 41,000,000 to 53,999,999 38,000 |
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151 | 151 | | 14 54,000,000 to 65,999,999 39,000 |
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152 | 152 | | 15 66,000,000 to 85,999,999 41,000 |
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153 | 153 | | 16 86,000,000 to 99,999,999 43,000 |
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154 | 154 | | 17 100,000,000 to 130,999,999 45,000 |
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155 | 155 | | 18 131,000,000 to 159,999,999 47,000 |
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156 | 156 | | 19 160,000,000 to 189,999,999 49,000 |
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157 | 157 | | 20 190,000,000 to 249,999,999 51,000 |
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158 | 158 | | 21 250,000,000 to 299,999,999 53,000 |
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159 | 159 | | 22 300,000,000 or more 55,000 SB 284 6 |
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160 | 160 | | 2. Two thousand dollars of the salary authorized in 23 |
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161 | 161 | | this section shall be payable to the prosecuting attorney 24 |
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162 | 162 | | only if the prosecuting attorney has completed: 25 |
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163 | 163 | | (1) At least twenty hours of classroom instruction 26 |
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164 | 164 | | each calendar year relating to the operations of the 27 |
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165 | 165 | | prosecuting attorney's office when approved by a 28 |
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166 | 166 | | professional association of the county prosecuting attorneys 29 |
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167 | 167 | | of Missouri unless exempted from the training by the 30 |
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168 | 168 | | professional association. The professional association 31 |
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169 | 169 | | approving the program shall provide a certificate of 32 |
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170 | 170 | | completion to each prosecuting attorney who completes the 33 |
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171 | 171 | | training program and shall send a list of certified 34 |
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172 | 172 | | prosecuting attorneys to the treasurer of each county. 35 |
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173 | 173 | | Expenses incurred for attending the training session may be 36 |
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174 | 174 | | reimbursed to the county prosecuting attorney in the same 37 |
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175 | 175 | | manner as other expenses as may be appropriated for that 38 |
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176 | 176 | | purpose; and 39 |
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177 | 177 | | (2) One hour of sex and human trafficking training 40 |
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178 | 178 | | each calendar year consistent with the guidelines 41 |
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179 | 179 | | established in section 27.170. The provisions of this 42 |
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180 | 180 | | subdivision shall become effective on January 1, 2026, and 43 |
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181 | 181 | | shall expire on December 31, 2030. 44 |
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182 | 182 | | 3. As used in this section, the term "prosecuting 45 |
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183 | 183 | | attorney" includes the circuit attorney of any city not 46 |
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184 | 184 | | within a county. 47 |
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185 | 185 | | 4. The prosecuting attorney of any county which 48 |
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186 | 186 | | becomes a county of the first classification during a four- 49 |
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187 | 187 | | year term of office or a county which passed the proposition 50 |
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188 | 188 | | authorized by section 56.363 shall not be required to devote 51 |
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189 | 189 | | full time to such office pursuant to section 56.067 until 52 |
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190 | 190 | | the beginning of the prosecuting attorney's next term of 53 |
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191 | 191 | | office or until the proposition otherwise becomes effective. 54 SB 284 7 |
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192 | 192 | | 5. The provisions of section 56.066 shall not apply to 55 |
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193 | 193 | | full-time prosecutors who are compensated pursuant to 56 |
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194 | 194 | | subdivision (1) of subsection 1 of this section. 57 |
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195 | 195 | | 190.142. 1. (1) For applications submitted before 1 |
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196 | 196 | | the recognition of EMS personnel licensure interstate 2 |
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197 | 197 | | compact under sections 190.900 to 190.939 takes effect, the 3 |
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198 | 198 | | department shall, within a reasonable time after receipt of 4 |
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199 | 199 | | an application, cause such investigation as it deems 5 |
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200 | 200 | | necessary to be made of the applicant for an emergency 6 |
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201 | 201 | | medical technician's license. 7 |
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202 | 202 | | (2) For applications submitted after the recognition 8 |
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203 | 203 | | of EMS personnel licensure interstate compact under sections 9 |
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204 | 204 | | 190.900 to 190.939 takes effect, an applicant for initial 10 |
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205 | 205 | | licensure as an emergency medical technician in this state 11 |
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206 | 206 | | shall submit to a background check by the Missouri state 12 |
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207 | 207 | | highway patrol and the Federal Bureau of Investigation 13 |
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208 | 208 | | through a process approved by the department of health and 14 |
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209 | 209 | | senior services. Such processes may include the use of 15 |
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210 | 210 | | vendors or systems administered by the Missouri state 16 |
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211 | 211 | | highway patrol. The department may share the results of 17 |
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212 | 212 | | such a criminal background check with any emergency services 18 |
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213 | 213 | | licensing agency in any member state, as that term is 19 |
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214 | 214 | | defined under section 190.900, in recognition of the EMS 20 |
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215 | 215 | | personnel licensure interstate compact. The department 21 |
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216 | 216 | | shall not issue a license until the department receives the 22 |
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217 | 217 | | results of an applicant's criminal background check from the 23 |
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218 | 218 | | Missouri state highway patrol and the Federal Bureau of 24 |
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219 | 219 | | Investigation, but, notwithstanding this subsection, the 25 |
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220 | 220 | | department may issue a temporary license as provided under 26 |
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221 | 221 | | section 190.143. Any fees due for a criminal background 27 |
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222 | 222 | | check shall be paid by the applicant. 28 SB 284 8 |
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223 | 223 | | (3) The director may authorize investigations into 29 |
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224 | 224 | | criminal records in other states for any applicant. 30 |
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225 | 225 | | 2. The department shall issue a license to all levels 31 |
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226 | 226 | | of emergency medical technicians, for a period of five 32 |
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227 | 227 | | years, if the applicant meets the requirements established 33 |
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228 | 228 | | pursuant to sections 190.001 to 190.245 and the rules 34 |
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229 | 229 | | adopted by the department pursuant to sections 190.001 to 35 |
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230 | 230 | | 190.245. The department may promulgate rules relating to 36 |
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231 | 231 | | the requirements for an emergency medical technician 37 |
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232 | 232 | | including but not limited to: 38 |
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233 | 233 | | (1) Age requirements; 39 |
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234 | 234 | | (2) Emergency medical technician and paramedic 40 |
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235 | 235 | | education and training requirements based on respective 41 |
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236 | 236 | | National Emergency Medical Services Education Standards and 42 |
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237 | 237 | | any modification to such curricula specified by the 43 |
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238 | 238 | | department through rules adopted pursuant to sections 44 |
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239 | 239 | | 190.001 to 190.245; 45 |
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240 | 240 | | (3) Paramedic accreditation requirements. Paramedic 46 |
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241 | 241 | | training programs shall be accredited as required by the 47 |
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242 | 242 | | National Registry of Emergency Medical Technicians; 48 |
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243 | 243 | | (4) Initial licensure testing requirements. Initial 49 |
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244 | 244 | | paramedic licensure testing shall be through the national 50 |
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245 | 245 | | registry of EMTs; 51 |
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246 | 246 | | (5) (a) Continuing education and relicensure 52 |
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247 | 247 | | requirements. 53 |
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248 | 248 | | (b) a. The department shall require each emergency 54 |
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249 | 249 | | medical technician and each advanced emergency medical 55 |
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250 | 250 | | technician, including each paramedic, to receive the 56 |
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251 | 251 | | following training as part of the continuing education 57 |
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252 | 252 | | requirements for relicensure: 58 |
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253 | 253 | | (i) Any licensee who submits an application for 59 |
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254 | 254 | | relicensure before January 1, 2027, shall have completed one 60 SB 284 9 |
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255 | 255 | | hour of sex and human trafficking training, consistent with 61 |
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256 | 256 | | the guidelines established in section 27.170, before such 62 |
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257 | 257 | | submission; 63 |
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258 | 258 | | (ii) Any licensee who submits an application for 64 |
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259 | 259 | | relicensure after December 31, 2026, and before January 1, 65 |
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260 | 260 | | 2028, shall have completed two hours of sex and human 66 |
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261 | 261 | | trafficking training, consistent with the guidelines 67 |
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262 | 262 | | established in section 27.170, before such submission; 68 |
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263 | 263 | | (iii) Any licensee who submits an application for 69 |
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264 | 264 | | relicensure after December 31, 2027, and before January 1, 70 |
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265 | 265 | | 2029, shall have completed three hours of sex and human 71 |
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266 | 266 | | trafficking training, consistent with the guidelines 72 |
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267 | 267 | | established in section 27.170, before such submission; and 73 |
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268 | 268 | | (iv) Any licensee who submits an application for 74 |
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269 | 269 | | relicensure after December 31, 2028, and before January 1, 75 |
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270 | 270 | | 2030, shall have completed four hours of sex and human 76 |
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271 | 271 | | trafficking training, consistent with the guidelines 77 |
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272 | 272 | | established in section 27.170, before such submission. 78 |
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273 | 273 | | b. The provisions of this paragraph shall become 79 |
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274 | 274 | | effective on January 1, 2026, and shall expire on December 80 |
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275 | 275 | | 31, 2030; and 81 |
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276 | 276 | | (6) Ability to speak, read and write the English 82 |
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277 | 277 | | language. 83 |
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278 | 278 | | 3. Application for all levels of emergency medical 84 |
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279 | 279 | | technician license shall be made upon such forms as 85 |
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280 | 280 | | prescribed by the department in rules adopted pursuant to 86 |
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281 | 281 | | sections 190.001 to 190.245. The application form shall 87 |
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282 | 282 | | contain such information as the department deems necessary 88 |
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283 | 283 | | to make a determination as to whether the emergency medical 89 |
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284 | 284 | | technician meets all the requirements of sections 190.001 to 90 |
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285 | 285 | | 190.245 and rules promulgated pursuant to sections 190.001 91 |
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286 | 286 | | to 190.245. 92 SB 284 10 |
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287 | 287 | | 4. All levels of emergency medical technicians may 93 |
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288 | 288 | | perform only that patient care which is: 94 |
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289 | 289 | | (1) Consistent with the training, education and 95 |
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290 | 290 | | experience of the particular emergency medical technician; 96 |
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291 | 291 | | and 97 |
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292 | 292 | | (2) Ordered by a physician or set forth in protocols 98 |
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293 | 293 | | approved by the medical director. 99 |
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294 | 294 | | 5. No person shall hold themselves out as an emergency 100 |
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295 | 295 | | medical technician or provide the services of an emergency 101 |
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296 | 296 | | medical technician unless such person is licensed by the 102 |
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297 | 297 | | department. 103 |
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298 | 298 | | 6. Any rule or portion of a rule, as that term is 104 |
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299 | 299 | | defined in section 536.010, that is created under the 105 |
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300 | 300 | | authority delegated in this section shall become effective 106 |
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301 | 301 | | only if it complies with and is subject to all of the 107 |
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302 | 302 | | provisions of chapter 536 and, if applicable, section 108 |
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303 | 303 | | 536.028. This section and chapter 536 are nonseverable and 109 |
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304 | 304 | | if any of the powers vested with the general assembly 110 |
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305 | 305 | | pursuant to chapter 536 to review, to delay the effective 111 |
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306 | 306 | | date, or to disapprove and annul a rule are subsequently 112 |
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307 | 307 | | held unconstitutional, then the grant of rulemaking 113 |
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308 | 308 | | authority and any rule proposed or adopted after August 28, 114 |
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309 | 309 | | 2002, shall be invalid and void. 115 |
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310 | 310 | | 210.1505. 1. There is hereby created the "Statewide 1 |
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311 | 311 | | Council [on Sex] Against Adult Trafficking and the 2 |
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312 | 312 | | Commercial Sexual Exploitation of Children" [to] within the 3 |
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313 | 313 | | office of the attorney general to make recommendations for a 4 |
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314 | 314 | | coordinated statewide effort against the trafficking of 5 |
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315 | 315 | | adults and children within the state of Missouri. The 6 |
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316 | 316 | | council shall consist of the following members: 7 |
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317 | 317 | | (1) [The following four members of the general 8 |
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318 | 318 | | assembly: 9 SB 284 11 |
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319 | 319 | | (a) Two members of the senate, with one member to be 10 |
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320 | 320 | | appointed by the president pro tempore of the senate and one 11 |
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321 | 321 | | member to be appointed by the minority floor leader of the 12 |
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322 | 322 | | senate; and 13 |
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323 | 323 | | (b) Two members of the house of representatives, with 14 |
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324 | 324 | | one member to be appointed by the speaker of the house of 15 |
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325 | 325 | | representatives and one member to be appointed by the 16 |
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326 | 326 | | minority floor leader of the house of representatives] The 17 |
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327 | 327 | | attorney general or his or her designee, who shall serve as 18 |
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328 | 328 | | the chair of the council; 19 |
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329 | 329 | | (2) The director of the children's division or his or 20 |
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330 | 330 | | her designee; 21 |
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331 | 331 | | (3) The director of the department of public safety or 22 |
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332 | 332 | | his or her designee; 23 |
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333 | 333 | | (4) The director of the department of mental health or 24 |
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334 | 334 | | his or her designee; 25 |
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335 | 335 | | (5) The director of the office of prosecution services 26 |
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336 | 336 | | or his or her designee; 27 |
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337 | 337 | | (6) The superintendent of the Missouri state highway 28 |
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338 | 338 | | patrol or his or her designee; 29 |
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339 | 339 | | (7) The executive director of the statewide network of 30 |
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340 | 340 | | child advocacy organizations [specializing in the prevention 31 |
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341 | 341 | | of child abuse or neglect] or his or her designee; 32 |
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342 | 342 | | (8) The executive director of the statewide coalition 33 |
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343 | 343 | | against domestic and sexual violence or his or her designee; 34 |
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344 | 344 | | (9) The executive director of the Missouri Juvenile 35 |
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345 | 345 | | Justice Association or his or her designee; 36 |
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346 | 346 | | (10) The director of the attorney general's human 37 |
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347 | 347 | | trafficking task force or his or her designee; 38 |
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348 | 348 | | (11) Two representatives from agencies providing 39 |
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349 | 349 | | services to victims of child sex trafficking and sexual 40 |
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350 | 350 | | exploitation [who reflect the geographic diversity of the 41 SB 284 12 |
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351 | 351 | | state and who shall be appointed by the director of the 42 |
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352 | 352 | | department of social services]; and 43 |
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353 | 353 | | (12) Two members of the senate to be appointed by the 44 |
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354 | 354 | | president pro tempore of the senate; 45 |
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355 | 355 | | (13) Two members of the house of representatives to be 46 |
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356 | 356 | | appointed by the speaker of the house of representatives; 47 |
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357 | 357 | | (14) A member of the judiciary, who shall be appointed 48 |
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358 | 358 | | by the Missouri supreme court; 49 |
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359 | 359 | | (15) The commissioner of the department of elementary 50 |
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360 | 360 | | and secondary education or his or her designee; 51 |
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361 | 361 | | (16) A designee from the governor's office; 52 |
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362 | 362 | | (17) Two human trafficking survivors identified by a 53 |
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363 | 363 | | children's advocacy center who are willing to serve on the 54 |
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364 | 364 | | council; and 55 |
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365 | 365 | | (18) A representative from any other government or 56 |
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366 | 366 | | nongovernment organization deemed necessary by the attorney 57 |
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367 | 367 | | general. 58 |
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368 | 368 | | 2. A majority of the members of the council shall 59 |
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369 | 369 | | constitute a quorum. The council shall be created within 60 |
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370 | 370 | | thirty days of August 28, 2025, and shall hold its first 61 |
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371 | 371 | | meeting within thirty days after the council's creation [and 62 |
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372 | 372 | | organize by selecting a chair and a vice chair]. The 63 |
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373 | 373 | | council shall meet at [the call of the chair] least 64 |
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374 | 374 | | quarterly. The council may create a subgroup to offer 65 |
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375 | 375 | | recommendations on specific issues as deemed necessary. 66 |
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376 | 376 | | 3. [The council shall: 67 |
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377 | 377 | | (1) Collect and analyze data relating to sex 68 |
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378 | 378 | | trafficking and sexual exploitation of children, including 69 |
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379 | 379 | | the number of reports made to the children's division under 70 |
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380 | 380 | | section 210.115, any information obtained from phone calls 71 |
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381 | 381 | | to the national sex trafficking hotline, the number of 72 |
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382 | 382 | | reports made to law enforcement, arrests, prosecution rates, 73 SB 284 13 |
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383 | 383 | | and any other data important for any recommendations of the 74 |
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384 | 384 | | council. State departments and council members shall 75 |
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385 | 385 | | provide relevant data as requested by the council to fulfill 76 |
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386 | 386 | | the council's duties; and 77 |
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387 | 387 | | (2) Collect feedback from stakeholders, practitioners, 78 |
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388 | 388 | | and leadership throughout the state in order to develop best 79 |
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389 | 389 | | practices and procedures regarding the response to sex 80 |
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390 | 390 | | trafficking and sexual exploitation of children, including 81 |
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391 | 391 | | identification and assessment of victims; response and 82 |
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392 | 392 | | treatment coordination and collaboration across systems; 83 |
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393 | 393 | | trauma-informed, culturally competent victim-centered 84 |
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394 | 394 | | services; training for professionals in all systems; and 85 |
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395 | 395 | | investigating and prosecuting perpetrators. 86 |
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396 | 396 | | 4. The department of social services shall provide 87 |
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397 | 397 | | administrative support to the council. 88 |
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398 | 398 | | 5. On or before December 31, 2023, the council shall 89 |
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399 | 399 | | submit a report of the council's activities to the governor 90 |
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400 | 400 | | and general assembly and the joint committee on child abuse 91 |
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401 | 401 | | and neglect under section 21.771. The report shall include 92 |
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402 | 402 | | recommendations for priority needs and actions, including 93 |
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403 | 403 | | statutory or regulatory changes relating to the response to 94 |
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404 | 404 | | sex trafficking and sexual exploitation of children and 95 |
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405 | 405 | | services for child victims. 96 |
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406 | 406 | | 6. The council shall expire on December 31, 2023] 97 |
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407 | 407 | | There shall be an executive director who shall be appointed 98 |
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408 | 408 | | by the attorney general who shall fix his or her 99 |
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409 | 409 | | compensation and provide for such other administrative 100 |
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410 | 410 | | personnel as necessary within the limits of appropriations 101 |
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411 | 411 | | provided in subsection 4 of this section. The executive 102 |
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412 | 412 | | director shall serve under the supervision of the attorney 103 |
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413 | 413 | | general who shall provide necessary office space. 104 SB 284 14 |
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414 | 414 | | 4. (1) There is hereby created in the state treasury 105 |
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415 | 415 | | the "Anti-Trafficking Fund", which shall consist of moneys 106 |
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416 | 416 | | appropriated to it by the general assembly and any grants, 107 |
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417 | 417 | | gifts, donations, and bequests. The state treasurer shall 108 |
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418 | 418 | | be custodian of the fund. In accordance with sections 109 |
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419 | 419 | | 30.170 and 30.180, the state treasurer may approve 110 |
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420 | 420 | | disbursements. The fund shall be a dedicated fund and, upon 111 |
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421 | 421 | | appropriation, moneys in this fund shall be used solely to 112 |
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422 | 422 | | pay for the position of the executive director of the 113 |
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423 | 423 | | statewide council against adult trafficking and the 114 |
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424 | 424 | | commercial sexual exploitation of children, education and 115 |
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425 | 425 | | awareness regarding human trafficking, and anti-trafficking 116 |
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426 | 426 | | efforts throughout the state of Missouri. 117 |
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427 | 427 | | (2) Notwithstanding the provisions of section 33.080 118 |
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428 | 428 | | to the contrary, any moneys remaining in the fund at the end 119 |
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429 | 429 | | of the biennium shall not revert to the credit of the 120 |
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430 | 430 | | general revenue fund. 121 |
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431 | 431 | | (3) The state treasurer shall invest moneys in the 122 |
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432 | 432 | | fund in the same manner as other funds are invested. Any 123 |
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433 | 433 | | interest and moneys earned on such investments shall be 124 |
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434 | 434 | | credited to the fund. 125 |
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435 | 435 | | 211.326. 1. The state courts administrator shall: 1 |
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436 | 436 | | (1) Evaluate existing services by establishing 2 |
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437 | 437 | | performance standards including performance standards for 3 |
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438 | 438 | | juvenile courts receiving diversion funds; 4 |
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439 | 439 | | (2) Develop standards for orientation training for all 5 |
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440 | 440 | | new juvenile court professional personnel, including 6 |
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441 | 441 | | juvenile officers, deputy juvenile officers and other 7 |
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442 | 442 | | personnel deemed necessary by the state courts administrator; 8 |
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443 | 443 | | (3) Develop standards for continuing education for 9 |
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444 | 444 | | existing juvenile court professional personnel, including 10 SB 284 15 |
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445 | 445 | | juvenile officers, deputy juvenile officers and other 11 |
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446 | 446 | | personnel deemed necessary by the state courts administrator; 12 |
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447 | 447 | | (4) Develop a process to evaluate services and collect 13 |
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448 | 448 | | relevant outcome data; 14 |
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449 | 449 | | (5) Develop a standardized assessment form for 15 |
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450 | 450 | | classifying juvenile offenders; and 16 |
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451 | 451 | | (6) Develop guidelines for juvenile court judges to 17 |
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452 | 452 | | use in determining the length of time a child may be 18 |
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453 | 453 | | detained prior to informal adjustment or formal adjudication. 19 |
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454 | 454 | | 2. Standards, training and assessment forms developed 20 |
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455 | 455 | | pursuant to subsection 1 of this section shall be developed 21 |
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456 | 456 | | considering racial disparities in the juvenile justice 22 |
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457 | 457 | | system. 23 |
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458 | 458 | | 3. Continuing education standards established under 24 |
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459 | 459 | | subdivision (3) of subsection 1 of this section shall 25 |
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460 | 460 | | include a requirement that each juvenile officer annually 26 |
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461 | 461 | | complete one hour of sex and human trafficking training 27 |
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462 | 462 | | consistent with the guidelines established in section 28 |
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463 | 463 | | 27.170. The provisions of this subsection shall become 29 |
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464 | 464 | | effective on January 1, 2026, and shall expire on December 30 |
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465 | 465 | | 31, 2030. 31 |
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466 | 466 | | 324.035. 1. No board, commission, or committee within 1 |
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467 | 467 | | the division of professional registration shall utilize 2 |
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468 | 468 | | occupational fees, or any other fees associated with 3 |
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469 | 469 | | licensing requirements, or contract or partner with any 4 |
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470 | 470 | | outside vendor or agency for the purpose of offering 5 |
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471 | 471 | | continuing education classes unless the continuing education 6 |
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472 | 472 | | program is approved by the director of the division of 7 |
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473 | 473 | | professional registration and is available to all licensees 8 |
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474 | 474 | | of the board, commission, or committee. 9 |
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475 | 475 | | 2. Nothing in this section shall be construed to 10 |
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476 | 476 | | preclude a board, commission, or committee within the 11 SB 284 16 |
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477 | 477 | | division of professional registration from utilizing 12 |
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478 | 478 | | occupational licensure fees for the purpose of participating 13 |
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479 | 479 | | in conferences, seminars, or other outreach for the purpose 14 |
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480 | 480 | | of communicating information to licensees with respect to 15 |
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481 | 481 | | changes in policy, law, or regulations. 16 |
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482 | 482 | | 337.618. 1. Each license issued pursuant to the 1 |
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483 | 483 | | provisions of sections 337.600 to 337.689 shall expire on a 2 |
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484 | 484 | | renewal date established by the director. The term of 3 |
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485 | 485 | | licensure shall be twenty-four months. The committee shall 4 |
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486 | 486 | | require a minimum number of thirty clock hours of continuing 5 |
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487 | 487 | | education for renewal of a license issued pursuant to 6 |
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488 | 488 | | sections 337.600 to 337.689, including two hours of suicide 7 |
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489 | 489 | | assessment, referral, treatment, and management training. 8 |
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490 | 490 | | The committee shall renew any license upon application for a 9 |
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491 | 491 | | renewal, completion of the required continuing education 10 |
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492 | 492 | | hours and upon payment of the fee established by the 11 |
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493 | 493 | | committee pursuant to the provisions of section 337.612. As 12 |
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494 | 494 | | provided by rule, the board may waive or extend the time 13 |
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495 | 495 | | requirements for completion of continuing education for 14 |
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496 | 496 | | reasons related to health, military service, foreign 15 |
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497 | 497 | | residency, or for other good cause. All requests for 16 |
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498 | 498 | | waivers or extensions of time shall be made in writing and 17 |
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499 | 499 | | submitted to the board before the renewal date. 18 |
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500 | 500 | | 2. The hours of continuing education required for 19 |
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501 | 501 | | renewal of a license under this section shall include two 20 |
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502 | 502 | | hours of sex and human trafficking training consistent with 21 |
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503 | 503 | | the guidelines established in section 27.170. The 22 |
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504 | 504 | | provisions of this subsection shall become effective on 23 |
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505 | 505 | | January 1, 2026, and shall expire on December 31, 2030. 24 |
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506 | 506 | | 455.010. As used in this chapter, unless the context 1 |
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507 | 507 | | clearly indicates otherwise, the following terms shall mean: 2 SB 284 17 |
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508 | 508 | | (1) "Abuse", includes but is not limited to the 3 |
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509 | 509 | | occurrence of any of the following acts, attempts or threats 4 |
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510 | 510 | | against a person who may be protected pursuant to this 5 |
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511 | 511 | | chapter, except abuse shall not include abuse inflicted on a 6 |
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512 | 512 | | child by accidental means by an adult household member or 7 |
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513 | 513 | | discipline of a child, including spanking, in a reasonable 8 |
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514 | 514 | | manner: 9 |
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515 | 515 | | (a) "Abusing a pet", purposely or knowingly causing, 10 |
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516 | 516 | | attempting to cause, or threatening to cause physical injury 11 |
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517 | 517 | | to a pet with the intent to control, punish, intimidate, or 12 |
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518 | 518 | | distress the petitioner; 13 |
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519 | 519 | | (b) "Assault", purposely or knowingly placing or 14 |
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520 | 520 | | attempting to place another in fear of physical harm; 15 |
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521 | 521 | | (c) "Battery", purposely or knowingly causing physical 16 |
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522 | 522 | | harm to another with or without a deadly weapon; 17 |
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523 | 523 | | (d) "Coercion", compelling another by force or threat 18 |
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524 | 524 | | of force to engage in conduct from which the latter has a 19 |
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525 | 525 | | right to abstain or to abstain from conduct in which the 20 |
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526 | 526 | | person has a right to engage; 21 |
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527 | 527 | | (e) "Harassment", engaging in a purposeful or knowing 22 |
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528 | 528 | | course of conduct involving more than one incident that 23 |
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529 | 529 | | alarms or causes distress to an adult or child and serves no 24 |
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530 | 530 | | legitimate purpose. The course of conduct must be such as 25 |
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531 | 531 | | would cause a reasonable adult or child to suffer 26 |
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532 | 532 | | substantial emotional distress and must actually cause 27 |
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533 | 533 | | substantial emotional distress to the petitioner or child. 28 |
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534 | 534 | | Such conduct might include, but is not limited to: 29 |
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535 | 535 | | a. Following another about in a public place or places; 30 |
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536 | 536 | | b. Peering in the window or lingering outside the 31 |
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537 | 537 | | residence of another; but does not include constitutionally 32 |
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538 | 538 | | protected activity; 33 SB 284 18 |
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539 | 539 | | (f) "Sexual assault", causing or attempting to cause 34 |
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540 | 540 | | another to engage involuntarily in any sexual act by force, 35 |
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541 | 541 | | threat of force, duress, or without that person's consent; 36 |
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542 | 542 | | (g) "Unlawful imprisonment", holding, confining, 37 |
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543 | 543 | | detaining or abducting another person against that person's 38 |
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544 | 544 | | will; 39 |
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545 | 545 | | (2) "Adult", any person [seventeen] eighteen years of 40 |
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546 | 546 | | age or older or otherwise emancipated; 41 |
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547 | 547 | | (3) "Child", any person under [seventeen] eighteen 42 |
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548 | 548 | | years of age unless otherwise emancipated; 43 |
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549 | 549 | | (4) "Court", the circuit or associate circuit judge or 44 |
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550 | 550 | | a family court commissioner; 45 |
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551 | 551 | | (5) "Domestic violence", abuse or stalking committed 46 |
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552 | 552 | | by a family or household member, as such terms are defined 47 |
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553 | 553 | | in this section; 48 |
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554 | 554 | | (6) "Ex parte order of protection", an order of 49 |
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555 | 555 | | protection issued by the court before the respondent has 50 |
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556 | 556 | | received notice of the petition or an opportunity to be 51 |
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557 | 557 | | heard on it; 52 |
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558 | 558 | | (7) "Family" or "household member", spouses, former 53 |
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559 | 559 | | spouses, any person related by blood or marriage, persons 54 |
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560 | 560 | | who are presently residing together or have resided together 55 |
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561 | 561 | | in the past, any person who is or has been in a continuing 56 |
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562 | 562 | | social relationship of a romantic or intimate nature with 57 |
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563 | 563 | | the victim, and anyone who has a child in common regardless 58 |
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564 | 564 | | of whether they have been married or have resided together 59 |
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565 | 565 | | at any time; 60 |
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566 | 566 | | (8) "Full order of protection", an order of protection 61 |
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567 | 567 | | issued after a hearing on the record where the respondent 62 |
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568 | 568 | | has received notice of the proceedings and has had an 63 |
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569 | 569 | | opportunity to be heard; 64 SB 284 19 |
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570 | 570 | | (9) "Order of protection", either an ex parte order of 65 |
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571 | 571 | | protection or a full order of protection; 66 |
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572 | 572 | | (10) "Pending", exists or for which a hearing date has 67 |
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573 | 573 | | been set; 68 |
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574 | 574 | | (11) "Pet", a living creature maintained by a 69 |
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575 | 575 | | household member for companionship and not for commercial 70 |
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576 | 576 | | purposes; 71 |
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577 | 577 | | (12) "Petitioner", a family or household member who 72 |
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578 | 578 | | has been a victim of domestic violence, or any person who 73 |
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579 | 579 | | has been the victim of stalking or sexual assault, or a 74 |
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580 | 580 | | person filing on behalf of a child pursuant to section 75 |
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581 | 581 | | 455.503 who has filed a verified petition pursuant to the 76 |
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582 | 582 | | provisions of section 455.020 or section 455.505; 77 |
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583 | 583 | | (13) "Respondent", the family or household member 78 |
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584 | 584 | | alleged to have committed an act of domestic violence, or 79 |
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585 | 585 | | person alleged to have committed an act of stalking or 80 |
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586 | 586 | | sexual assault, against whom a verified petition has been 81 |
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587 | 587 | | filed or a person served on behalf of a child pursuant to 82 |
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588 | 588 | | section 455.503; 83 |
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589 | 589 | | (14) "Sexual assault", as defined under subdivision 84 |
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590 | 590 | | (1) of this section; 85 |
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591 | 591 | | (15) "Stalking", is when any person purposely engages 86 |
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592 | 592 | | in an unwanted course of conduct that causes alarm to 87 |
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593 | 593 | | another person, or a person who resides together in the same 88 |
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594 | 594 | | household with the person seeking the order of protection 89 |
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595 | 595 | | when it is reasonable in that person's situation to have 90 |
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596 | 596 | | been alarmed by the conduct. As used in this subdivision: 91 |
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597 | 597 | | (a) "Alarm", to cause fear of danger of physical harm; 92 |
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598 | 598 | | and 93 |
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599 | 599 | | (b) "Course of conduct", two or more acts that serve 94 |
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600 | 600 | | no legitimate purpose including, but not limited to, acts in 95 |
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601 | 601 | | which the stalker directly, indirectly, or through a third 96 SB 284 20 |
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602 | 602 | | party follows, monitors, observes, surveils, threatens, or 97 |
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603 | 603 | | communicates to a person by any action, method, or device. 98 |
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604 | 604 | | 455.035. 1. Upon the filing of a verified petition 1 |
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605 | 605 | | pursuant to sections 455.010 to 455.085 and for good cause 2 |
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606 | 606 | | shown in the petition, the court may immediately issue an ex 3 |
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607 | 607 | | parte order of protection. An immediate and present danger 4 |
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608 | 608 | | of domestic violence to the petitioner or the child on whose 5 |
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609 | 609 | | behalf the petition is filed shall constitute good cause for 6 |
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610 | 610 | | purposes of this section. An ex parte order of protection 7 |
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611 | 611 | | entered by the court shall take effect when entered and 8 |
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612 | 612 | | shall remain in effect until there is valid service of 9 |
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613 | 613 | | process and a hearing is held on the motion. The court 10 |
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614 | 614 | | shall deny the ex parte order and dismiss the petition if 11 |
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615 | 615 | | the petitioner is not authorized to seek relief pursuant to 12 |
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616 | 616 | | section 455.020. 13 |
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617 | 617 | | 2. Failure to serve an ex parte order of protection on 14 |
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618 | 618 | | the respondent shall not affect the validity or 15 |
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619 | 619 | | enforceability of such order. If the respondent is less 16 |
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620 | 620 | | than [seventeen] eighteen years of age, unless otherwise 17 |
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621 | 621 | | emancipated, service of process shall be made upon a 18 |
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622 | 622 | | custodial parent or guardian of the respondent, or upon a 19 |
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623 | 623 | | guardian ad litem appointed by the court, requiring that the 20 |
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624 | 624 | | person appear and bring the respondent before the court at 21 |
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625 | 625 | | the time and place stated. 22 |
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626 | 626 | | 3. If an ex parte order is entered and the respondent 23 |
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627 | 627 | | is less than [seventeen] eighteen years of age, the court 24 |
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628 | 628 | | shall transfer the case to juvenile court for a hearing on a 25 |
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629 | 629 | | full order of protection. The court shall appoint a 26 |
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630 | 630 | | guardian ad litem for any such respondent not represented by 27 |
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631 | 631 | | a parent or guardian. 28 |
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632 | 632 | | 455.513. 1. The court may immediately issue an ex 1 |
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633 | 633 | | parte order of protection upon the filing of a verified 2 SB 284 21 |
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634 | 634 | | petition under sections 455.500 to 455.538, for good cause 3 |
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635 | 635 | | shown in the petition, and upon finding that: 4 |
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636 | 636 | | (1) No prior order regarding custody involving the 5 |
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637 | 637 | | respondent and the child is pending or has been made; or 6 |
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638 | 638 | | (2) The respondent is less than [seventeen] eighteen 7 |
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639 | 639 | | years of age. 8 |
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640 | 640 | | An immediate and present danger of domestic violence, 9 |
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641 | 641 | | including danger to the child's pet, stalking, or sexual 10 |
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642 | 642 | | assault to a child shall constitute good cause for purposes 11 |
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643 | 643 | | of this section. An ex parte order of protection entered by 12 |
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644 | 644 | | the court shall be in effect until the time of the hearing. 13 |
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645 | 645 | | The court shall deny the ex parte order and dismiss the 14 |
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646 | 646 | | petition if the petitioner is not authorized to seek relief 15 |
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647 | 647 | | pursuant to section 455.505. 16 |
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648 | 648 | | 2. Upon the entry of the ex parte order of protection, 17 |
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649 | 649 | | the court shall enter its order appointing a guardian ad 18 |
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650 | 650 | | litem or court-appointed special advocate to represent the 19 |
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651 | 651 | | child victim. 20 |
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652 | 652 | | 3. If the allegations in the petition would give rise 21 |
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653 | 653 | | to jurisdiction under section 211.031, the court may direct 22 |
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654 | 654 | | the children's division to conduct an investigation and to 23 |
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655 | 655 | | provide appropriate services. The division shall submit a 24 |
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656 | 656 | | written investigative report to the court and to the 25 |
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657 | 657 | | juvenile officer within thirty days of being ordered to do 26 |
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658 | 658 | | so. The report shall be made available to the parties and 27 |
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659 | 659 | | the guardian ad litem or court-appointed special advocate. 28 |
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660 | 660 | | 4. If the allegations in the petition would give rise 29 |
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661 | 661 | | to jurisdiction under section 211.031 because the respondent 30 |
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662 | 662 | | is less than [seventeen] eighteen years of age, the court 31 |
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663 | 663 | | may issue an ex parte order and shall transfer the case to 32 SB 284 22 |
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664 | 664 | | juvenile court for a hearing on a full order of protection. 33 |
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665 | 665 | | Service of process shall be made pursuant to section 455.035. 34 |
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666 | 666 | | 491.075. 1. A statement made by a child under the age 1 |
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667 | 667 | | of [fourteen] eighteen, or a vulnerable person, relating to 2 |
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668 | 668 | | an offense under chapter 565, 566, 568 or 573, performed by 3 |
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669 | 669 | | another, not otherwise admissible by statute or court rule, 4 |
---|
670 | 670 | | is admissible in evidence in criminal proceedings in the 5 |
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671 | 671 | | courts of this state as substantive evidence to prove the 6 |
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672 | 672 | | truth of the matter asserted if: 7 |
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673 | 673 | | (1) The court finds, in a hearing conducted outside 8 |
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674 | 674 | | the presence of the jury that the time, content and 9 |
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675 | 675 | | circumstances of the statement provide sufficient indicia of 10 |
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676 | 676 | | reliability; and 11 |
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677 | 677 | | (2) (a) The child or vulnerable person testifies at 12 |
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678 | 678 | | the proceedings; or 13 |
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679 | 679 | | (b) The child or vulnerable person is unavailable as a 14 |
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680 | 680 | | witness; or 15 |
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681 | 681 | | (c) The child or vulnerable person is otherwise 16 |
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682 | 682 | | physically available as a witness but the court finds that 17 |
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683 | 683 | | the significant emotional or psychological trauma which 18 |
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684 | 684 | | would result from testifying in the personal presence of the 19 |
---|
685 | 685 | | defendant makes the child or vulnerable person unavailable 20 |
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686 | 686 | | as a witness at the time of the criminal proceeding. 21 |
---|
687 | 687 | | 2. Notwithstanding subsection 1 of this section or any 22 |
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688 | 688 | | provision of law or rule of evidence requiring corroboration 23 |
---|
689 | 689 | | of statements, admissions or confessions of the defendant, 24 |
---|
690 | 690 | | and notwithstanding any prohibition of hearsay evidence, a 25 |
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691 | 691 | | statement by a child when under the age of [fourteen] 26 |
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692 | 692 | | eighteen, or a vulnerable person, who is alleged to be 27 |
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693 | 693 | | victim of an offense under chapter 565, 566, 568 or 573 is 28 |
---|
694 | 694 | | sufficient corroboration of a statement, admission or 29 |
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695 | 695 | | confession regardless of whether or not the child or 30 SB 284 23 |
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696 | 696 | | vulnerable person is available to testify regarding the 31 |
---|
697 | 697 | | offense. 32 |
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698 | 698 | | 3. A statement may not be admitted under this section 33 |
---|
699 | 699 | | unless the prosecuting attorney makes known to the accused 34 |
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700 | 700 | | or the accused's counsel his or her intention to offer the 35 |
---|
701 | 701 | | statement and the particulars of the statement sufficiently 36 |
---|
702 | 702 | | in advance of the proceedings to provide the accused or the 37 |
---|
703 | 703 | | accused's counsel with a fair opportunity to prepare to meet 38 |
---|
704 | 704 | | the statement. 39 |
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705 | 705 | | 4. Nothing in this section shall be construed to limit 40 |
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706 | 706 | | the admissibility of statements, admissions or confessions 41 |
---|
707 | 707 | | otherwise admissible by law. 42 |
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708 | 708 | | 5. For the purposes of this section, "vulnerable 43 |
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709 | 709 | | person" shall mean a person who, as a result of an 44 |
---|
710 | 710 | | inadequately developed or impaired intelligence or a 45 |
---|
711 | 711 | | psychiatric disorder that materially affects ability to 46 |
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712 | 712 | | function, lacks the mental capacity to consent, or whose 47 |
---|
713 | 713 | | developmental level does not exceed that of an ordinary 48 |
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714 | 714 | | child of [fourteen] seventeen years of age. 49 |
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715 | 715 | | 491.641. 1. (1) There is hereby created in the state 1 |
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716 | 716 | | treasury the "Pretrial Witness Protection Services Fund", 2 |
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717 | 717 | | which shall consist of moneys collected under this section. 3 |
---|
718 | 718 | | The state treasurer shall be custodian of the fund. In 4 |
---|
719 | 719 | | accordance with sections 30.170 and 30.180, the state 5 |
---|
720 | 720 | | treasurer may approve disbursements. The fund shall be a 6 |
---|
721 | 721 | | dedicated fund and money in the fund shall be used solely by 7 |
---|
722 | 722 | | the department of public safety for the purposes of witness 8 |
---|
723 | 723 | | protection services pursuant to this section. 9 |
---|
724 | 724 | | (2) Notwithstanding the provisions of section 33.080 10 |
---|
725 | 725 | | to the contrary, any moneys remaining in the fund at the end 11 |
---|
726 | 726 | | of the biennium shall not revert to the credit of the 12 |
---|
727 | 727 | | general revenue fund. 13 SB 284 24 |
---|
728 | 728 | | (3) The state treasurer shall invest moneys in the 14 |
---|
729 | 729 | | fund in the same manner as other funds are invested. Any 15 |
---|
730 | 730 | | interest and moneys earned on such investments shall be 16 |
---|
731 | 731 | | credited to the fund. 17 |
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732 | 732 | | 2. Any law enforcement agency and any prosecuting or 18 |
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733 | 733 | | circuit attorney's office may provide for the security of 19 |
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734 | 734 | | witnesses, potential witnesses, and their immediate families 20 |
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735 | 735 | | in criminal proceedings instituted or investigations pending 21 |
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736 | 736 | | against a person alleged to have engaged in a violation of 22 |
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737 | 737 | | state law. Providing for witnesses may include provision of 23 |
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738 | 738 | | housing facilities and for the health, safety, and welfare 24 |
---|
739 | 739 | | of such witnesses and their immediate families, if testimony 25 |
---|
740 | 740 | | by such a witness might subject the witness or a member of 26 |
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741 | 741 | | his or her immediate family to danger of bodily injury, and 27 |
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742 | 742 | | may continue so long as such danger exists. Subject to 28 |
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743 | 743 | | appropriations from the general assembly for the purposes 29 |
---|
744 | 744 | | provided for in this section, funds may be appropriated from 30 |
---|
745 | 745 | | the pretrial witness protection services fund. 31 |
---|
746 | 746 | | 3. The department of public safety may authorize funds 32 |
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747 | 747 | | to be disbursed to law enforcement agencies and prosecuting 33 |
---|
748 | 748 | | or circuit attorneys' offices for the purchase, rental, or 34 |
---|
749 | 749 | | modification of protected housing facilities for the purpose 35 |
---|
750 | 750 | | of this section. The law enforcement agency or prosecuting 36 |
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751 | 751 | | or circuit attorney's office may contract with any 37 |
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752 | 752 | | department of federal or state government to obtain or to 38 |
---|
753 | 753 | | provide the facilities or services to carry out this section. 39 |
---|
754 | 754 | | 4. The department of public safety may authorize 40 |
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755 | 755 | | expenditures for law enforcement agencies and prosecuting or 41 |
---|
756 | 756 | | circuit attorneys' offices to provide for the health, 42 |
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757 | 757 | | safety, and welfare of witnesses and victims, and the 43 |
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758 | 758 | | families of such witnesses and victims, whenever testimony 44 |
---|
759 | 759 | | from, or a willingness to testify by, such a witness or 45 SB 284 25 |
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760 | 760 | | victim would place the life of such person, or a member of 46 |
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761 | 761 | | his or her family or household, in jeopardy. [A law 47 |
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762 | 762 | | enforcement agency shall submit an application to the 48 |
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763 | 763 | | department of public safety which shall include, but not 49 |
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764 | 764 | | necessarily be limited to: 50 |
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765 | 765 | | (1) Statement of conditions which qualify persons for 51 |
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766 | 766 | | protection; 52 |
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767 | 767 | | (2) Precise methods the originating agency will use to 53 |
---|
768 | 768 | | provide protection, including relocation of persons and 54 |
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769 | 769 | | reciprocal agreements with other law enforcement agencies; 55 |
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770 | 770 | | (3) Statement of the projected costs over a specified 56 |
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771 | 771 | | period of time; 57 |
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772 | 772 | | (4) If the requesting agency expects the person to 58 |
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773 | 773 | | provide evidence in any court of competent jurisdiction: 59 |
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774 | 774 | | (a) Brief statement of the anticipated evidence; 60 |
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775 | 775 | | (b) Certification of a reasonable belief in the 61 |
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776 | 776 | | person's competency to give evidence; 62 |
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777 | 777 | | (c) Statement of facts supporting the law enforcement 63 |
---|
778 | 778 | | agency's belief in the accuracy of the evidence; and 64 |
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779 | 779 | | (d) Any offer made in exchange for the person agreeing 65 |
---|
780 | 780 | | to give evidence] Law enforcement agencies and prosecuting 66 |
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781 | 781 | | or circuit attorneys' offices seeking reimbursement shall 67 |
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782 | 782 | | submit an application to be approved by the department of 68 |
---|
783 | 783 | | public safety. 69 |
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784 | 784 | | 5. The application and any associated documents 70 |
---|
785 | 785 | | submitted in subsection 4 of this section shall be a closed 71 |
---|
786 | 786 | | record and not subject to disclosure under the provisions of 72 |
---|
787 | 787 | | chapter 610. Any information contained in the application[, 73 |
---|
788 | 788 | | or] and any other documents, which reveals or could reveal 74 |
---|
789 | 789 | | the location or address of the individual or individuals who 75 |
---|
790 | 790 | | qualify for services under this section shall be 76 |
---|
791 | 791 | | confidential and shall not be disclosed by any entity. 77 SB 284 26 |
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792 | 792 | | 492.304. 1. In addition to the admissibility of a 1 |
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793 | 793 | | statement under the provisions of section 492.303, the 2 |
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794 | 794 | | visual and aural recording of a verbal or nonverbal 3 |
---|
795 | 795 | | statement of a child when under the age of [fourteen who is 4 |
---|
796 | 796 | | alleged to be a victim of] eighteen, or a vulnerable person, 5 |
---|
797 | 797 | | relating to an offense under the provisions of chapter 565, 6 |
---|
798 | 798 | | 566 [or], 568, or 573, if performed by another, is 7 |
---|
799 | 799 | | admissible into evidence if: 8 |
---|
800 | 800 | | (1) No attorney for either party was present when the 9 |
---|
801 | 801 | | statement was made; except that, for any statement taken at 10 |
---|
802 | 802 | | a state-funded child assessment center as provided for in 11 |
---|
803 | 803 | | subsection 2 of section 210.001, an attorney representing 12 |
---|
804 | 804 | | the state of Missouri in a criminal investigation may, as a 13 |
---|
805 | 805 | | member of a multidisciplinary investigation team, observe 14 |
---|
806 | 806 | | the taking of such statement, but such attorney shall not be 15 |
---|
807 | 807 | | present in the room where the interview is being conducted; 16 |
---|
808 | 808 | | (2) The recording is both visual and aural and is 17 |
---|
809 | 809 | | recorded on film or videotape or by other electronic means; 18 |
---|
810 | 810 | | (3) The recording equipment was capable of making an 19 |
---|
811 | 811 | | accurate recording, the operator of the equipment was 20 |
---|
812 | 812 | | competent, and the recording is accurate and has not been 21 |
---|
813 | 813 | | altered; 22 |
---|
814 | 814 | | (4) The statement was not made in response to 23 |
---|
815 | 815 | | questioning calculated to lead the child or vulnerable 24 |
---|
816 | 816 | | person to make a particular statement or to act in a 25 |
---|
817 | 817 | | particular way; 26 |
---|
818 | 818 | | (5) Every voice on the recording is identified; 27 |
---|
819 | 819 | | (6) The person conducting the interview of the child 28 |
---|
820 | 820 | | or vulnerable person in the recording, or a current employee 29 |
---|
821 | 821 | | of a child assessment center if a child was recorded, is 30 |
---|
822 | 822 | | present at the proceeding and available to testify or be 31 |
---|
823 | 823 | | cross-examined by either party; and 32 SB 284 27 |
---|
824 | 824 | | (7) The defendant or the attorney for the defendant is 33 |
---|
825 | 825 | | afforded an opportunity to view the recording before it is 34 |
---|
826 | 826 | | offered into evidence. 35 |
---|
827 | 827 | | 2. If the child or vulnerable person does not testify 36 |
---|
828 | 828 | | at the proceeding, the visual and aural recording of a 37 |
---|
829 | 829 | | verbal or nonverbal statement of the child or vulnerable 38 |
---|
830 | 830 | | person shall not be admissible under this section unless the 39 |
---|
831 | 831 | | recording qualifies for admission under section 491.075. 40 |
---|
832 | 832 | | 3. If the visual and aural recording of a verbal or 41 |
---|
833 | 833 | | nonverbal statement of a child or vulnerable person is 42 |
---|
834 | 834 | | admissible under this section and the child or vulnerable 43 |
---|
835 | 835 | | person testifies at the proceeding, it shall be admissible 44 |
---|
836 | 836 | | in addition to the testimony of the child or vulnerable 45 |
---|
837 | 837 | | person at the proceeding whether or not it repeats or 46 |
---|
838 | 838 | | duplicates the child's or vulnerable person's testimony. 47 |
---|
839 | 839 | | 4. As used in this section, a nonverbal statement 48 |
---|
840 | 840 | | shall be defined as any demonstration of the child or 49 |
---|
841 | 841 | | vulnerable person by his or her actions, facial expressions, 50 |
---|
842 | 842 | | demonstrations with a doll or other visual aid whether or 51 |
---|
843 | 843 | | not this demonstration is accompanied by words. 52 |
---|
844 | 844 | | 5. For the purposes of this section, "vulnerable 53 |
---|
845 | 845 | | person" shall mean a person who, as a result of an 54 |
---|
846 | 846 | | inadequately developed or impaired intelligence or a 55 |
---|
847 | 847 | | psychiatric disorder that materially affects the ability to 56 |
---|
848 | 848 | | function, lacks the mental capacity to consent, or whose 57 |
---|
849 | 849 | | developmental level does not exceed that of an ordinary 58 |
---|
850 | 850 | | child of seventeen years of age. 59 |
---|
851 | 851 | | 556.039. Notwithstanding the provisions of section 1 |
---|
852 | 852 | | 556.036 to the contrary, prosecutions: 2 |
---|
853 | 853 | | (1) Under sections 566.203 to 566.211 involving a 3 |
---|
854 | 854 | | person nineteen years of age or older; or 4 SB 284 28 |
---|
855 | 855 | | (2) Under section 566.203, 566.206, or 566.207 5 |
---|
856 | 856 | | involving a person under nineteen years of age 6 |
---|
857 | 857 | | shall be commenced no later than twenty years after the 7 |
---|
858 | 858 | | commission of the offense. 8 |
---|
859 | 859 | | 566.151. 1. A person twenty-one years of age or older 1 |
---|
860 | 860 | | commits the offense of enticement of a child if he or she 2 |
---|
861 | 861 | | persuades, solicits, coaxes, entices, or lures whether by 3 |
---|
862 | 862 | | words, actions or through communication via the internet or 4 |
---|
863 | 863 | | any electronic communication, any person who is less than 5 |
---|
864 | 864 | | [fifteen] seventeen years of age for the purpose of engaging 6 |
---|
865 | 865 | | in sexual conduct. 7 |
---|
866 | 866 | | 2. It is not a defense to a prosecution for a 8 |
---|
867 | 867 | | violation of this section that the other person was a peace 9 |
---|
868 | 868 | | officer masquerading as a minor. 10 |
---|
869 | 869 | | 3. Enticement of a child or an attempt to commit 11 |
---|
870 | 870 | | enticement of a child is a felony for which the authorized 12 |
---|
871 | 871 | | term of imprisonment shall be not less than five years and 13 |
---|
872 | 872 | | not more than thirty years. No person convicted under this 14 |
---|
873 | 873 | | section shall be eligible for parole, probation, conditional 15 |
---|
874 | 874 | | release, or suspended imposition or execution of sentence 16 |
---|
875 | 875 | | for a period of five calendar years. 17 |
---|
876 | 876 | | 566.207. 1. A person commits the offense of 1 |
---|
877 | 877 | | patronizing a victim of sexual servitude if the person 2 |
---|
878 | 878 | | knowingly gives, agrees to give, or offers to give anything 3 |
---|
879 | 879 | | of value so that an individual may engage in a commercial 4 |
---|
880 | 880 | | sex act with another individual and the person knows that 5 |
---|
881 | 881 | | the other individual is a victim of sexual servitude. 6 |
---|
882 | 882 | | 2. The offense of patronizing a victim of sexual 7 |
---|
883 | 883 | | servitude if the victim is eighteen years of age or older is 8 |
---|
884 | 884 | | a felony punishable by imprisonment for a term of not less 9 SB 284 29 |
---|
885 | 885 | | than five years and not more than twenty years and a fine 10 |
---|
886 | 886 | | not to exceed two hundred fifty thousand dollars. 11 |
---|
887 | 887 | | 3. The offense of patronizing a victim of sexual 12 |
---|
888 | 888 | | servitude if the victim is under eighteen years of age is a 13 |
---|
889 | 889 | | felony for which the authorized term of imprisonment is life 14 |
---|
890 | 890 | | imprisonment without eligibility for probation or parole 15 |
---|
891 | 891 | | until the offender has served not less than twenty-five 16 |
---|
892 | 892 | | years of such sentence. 17 |
---|
893 | 893 | | 4. An individual shall be deemed a victim of sexual 18 |
---|
894 | 894 | | servitude for purposes of this section only if the 19 |
---|
895 | 895 | | individual is a victim of the crime of trafficking for the 20 |
---|
896 | 896 | | purposes of sexual exploitation under section 566.209. 21 |
---|
897 | 897 | | 567.030. 1. A person commits the offense of 1 |
---|
898 | 898 | | patronizing prostitution if he or she: 2 |
---|
899 | 899 | | (1) Pursuant to a prior understanding, gives something 3 |
---|
900 | 900 | | of value to another person as compensation for having 4 |
---|
901 | 901 | | engaged in sexual conduct with any person; or 5 |
---|
902 | 902 | | (2) Gives or agrees to give something of value to 6 |
---|
903 | 903 | | another person with the understanding that such person or 7 |
---|
904 | 904 | | another person will engage in sexual conduct with any 8 |
---|
905 | 905 | | person; or 9 |
---|
906 | 906 | | (3) Solicits or requests another person to engage in 10 |
---|
907 | 907 | | sexual conduct with any person in return for something of 11 |
---|
908 | 908 | | value. 12 |
---|
909 | 909 | | 2. It shall not be a defense that the person believed 13 |
---|
910 | 910 | | that the individual he or she patronized for prostitution 14 |
---|
911 | 911 | | was eighteen years of age or older. 15 |
---|
912 | 912 | | 3. The offense of patronizing prostitution is a class 16 |
---|
913 | 913 | | [B misdemeanor] E felony, unless the individual who the 17 |
---|
914 | 914 | | person patronizes is less than eighteen years of age but 18 |
---|
915 | 915 | | older than [fourteen] fifteen years of age, in which case 19 |
---|
916 | 916 | | patronizing prostitution is a class [E] D felony. 20 SB 284 30 |
---|
917 | 917 | | 4. The offense of patronizing prostitution is a class 21 |
---|
918 | 918 | | [D] B felony if the individual who the person patronizes is 22 |
---|
919 | 919 | | [fourteen] fifteen years of age or younger. Nothing in this 23 |
---|
920 | 920 | | section shall preclude the prosecution of an individual for 24 |
---|
921 | 921 | | the offenses of: 25 |
---|
922 | 922 | | (1) Statutory rape in the first degree pursuant to 26 |
---|
923 | 923 | | section 566.032; 27 |
---|
924 | 924 | | (2) Statutory rape in the second degree pursuant to 28 |
---|
925 | 925 | | section 566.034; 29 |
---|
926 | 926 | | (3) Statutory sodomy in the first degree pursuant to 30 |
---|
927 | 927 | | section 566.062; or 31 |
---|
928 | 928 | | (4) Statutory sodomy in the second degree pursuant to 32 |
---|
929 | 929 | | section 566.064. 33 |
---|
930 | 930 | | 589.700. 1. In addition to any fine imposed for a 1 |
---|
931 | 931 | | violation of section 566.203, 566.206, 566.209, 566.210, 2 |
---|
932 | 932 | | 566.211, or 566.215, the court shall enter a judgment of 3 |
---|
933 | 933 | | restitution in the amount specified in this subsection in 4 |
---|
934 | 934 | | favor of the state of Missouri, payable to the human 5 |
---|
935 | 935 | | trafficking and sexual exploitation fund established under 6 |
---|
936 | 936 | | this section, upon a plea of guilty or a finding of guilt 7 |
---|
937 | 937 | | for a violation of section 566.203, 566.206, 566.209, 8 |
---|
938 | 938 | | 566.210, 566.211, or 566.215. The judgment of restitution 9 |
---|
939 | 939 | | shall be in the amount of: 10 |
---|
940 | 940 | | (1) Ten thousand dollars per each identified victim of 11 |
---|
941 | 941 | | the offense or offenses for which restitution is required 12 |
---|
942 | 942 | | under this subsection; and 13 |
---|
943 | 943 | | (2) Two thousand five hundred dollars for each county 14 |
---|
944 | 944 | | in which such offense or offenses occurred. 15 |
---|
945 | 945 | | 2. There is hereby created in the state treasury the 16 |
---|
946 | 946 | | "Human Trafficking and Sexual Exploitation Fund", which 17 |
---|
947 | 947 | | shall consist of proceeds from the human trafficking 18 |
---|
948 | 948 | | restitution collected for violations of sections 566.203, 19 SB 284 31 |
---|
949 | 949 | | 566.206, 566.209, 566.210, 566.211, and 566.215. The state 20 |
---|
950 | 950 | | treasurer shall be custodian of the fund. In accordance 21 |
---|
951 | 951 | | with sections 30.170 and 30.180, the state treasurer may 22 |
---|
952 | 952 | | approve disbursements. The fund shall be a dedicated fund 23 |
---|
953 | 953 | | and, upon appropriation, moneys in this fund shall be 24 |
---|
954 | 954 | | distributed to the county or counties where the human 25 |
---|
955 | 955 | | trafficking offense or offenses occurred. Upon receipt of 26 |
---|
956 | 956 | | moneys from the fund, a county shall allocate the 27 |
---|
957 | 957 | | disbursement as follows: 28 |
---|
958 | 958 | | (1) Ten thousand dollars per each identified victim of 29 |
---|
959 | 959 | | the offense or offenses that occurred in the county toward 30 |
---|
960 | 960 | | local rehabilitation services for victims of human 31 |
---|
961 | 961 | | trafficking including, but not limited to, mental health and 32 |
---|
962 | 962 | | substance abuse counseling; general education, including 33 |
---|
963 | 963 | | parenting skills; housing relief; vocational training; and 34 |
---|
964 | 964 | | employment counseling; and 35 |
---|
965 | 965 | | (2) Two thousand five hundred dollars toward local 36 |
---|
966 | 966 | | efforts to prevent human trafficking including, but not 37 |
---|
967 | 967 | | limited to, education programs for persons convicted of 38 |
---|
968 | 968 | | human trafficking offenses and increasing the number of 39 |
---|
969 | 969 | | local law enforcement members charged with enforcing human 40 |
---|
970 | 970 | | trafficking laws. 41 |
---|
971 | 971 | | 3. Notwithstanding the provisions of section 33.080 to 42 |
---|
972 | 972 | | the contrary, any moneys remaining in the fund at the end of 43 |
---|
973 | 973 | | the biennium shall not revert to the credit of the general 44 |
---|
974 | 974 | | revenue fund. 45 |
---|
975 | 975 | | 4. The state treasurer shall invest moneys in the fund 46 |
---|
976 | 976 | | in the same manner as other funds are invested. Any 47 |
---|
977 | 977 | | interest and moneys earned on such investments shall be 48 |
---|
978 | 978 | | credited to the fund. 49 SB 284 32 |
---|
979 | 979 | | 590.050. 1. (1) The POST commission shall establish 1 |
---|
980 | 980 | | requirements for the continuing education of all peace 2 |
---|
981 | 981 | | officers. 3 |
---|
982 | 982 | | (2) Each peace officer shall be required to receive 4 |
---|
983 | 983 | | two hours of sex and human trafficking training consistent 5 |
---|
984 | 984 | | with the guidelines established in section 27.170 within the 6 |
---|
985 | 985 | | law enforcement continuing education one-year reporting 7 |
---|
986 | 986 | | period. The provisions of this subdivision shall become 8 |
---|
987 | 987 | | effective on January 1, 2026, and shall expire on December 9 |
---|
988 | 988 | | 31, 2030. 10 |
---|
989 | 989 | | (3) Peace officers who make traffic stops shall be 11 |
---|
990 | 990 | | required to receive [three hours] one hour of training 12 |
---|
991 | 991 | | within the law enforcement continuing education [three-year] 13 |
---|
992 | 992 | | one-year reporting period concerning the prohibition against 14 |
---|
993 | 993 | | racial profiling and such training shall promote 15 |
---|
994 | 994 | | understanding and respect for racial and cultural 16 |
---|
995 | 995 | | differences and the use of effective, noncombative methods 17 |
---|
996 | 996 | | for carrying out law enforcement duties in a racially and 18 |
---|
997 | 997 | | culturally diverse environment. 19 |
---|
998 | 998 | | 2. The director shall license continuing education 20 |
---|
999 | 999 | | providers and may probate, suspend and revoke such licenses 21 |
---|
1000 | 1000 | | upon written notice stating the reasons for such action. 22 |
---|
1001 | 1001 | | Any person aggrieved by a decision of the director pursuant 23 |
---|
1002 | 1002 | | to this subsection may appeal as provided in chapter 536. 24 |
---|
1003 | 1003 | | 3. The costs of continuing law enforcement education 25 |
---|
1004 | 1004 | | shall be reimbursed in part by moneys from the peace officer 26 |
---|
1005 | 1005 | | standards and training commission fund created in section 27 |
---|
1006 | 1006 | | 590.178, subject to availability of funds, except that no 28 |
---|
1007 | 1007 | | such funds shall be used for the training of any person not 29 |
---|
1008 | 1008 | | actively commissioned or employed by a county or municipal 30 |
---|
1009 | 1009 | | law enforcement agency. 31 SB 284 33 |
---|
1010 | 1010 | | 4. The director may engage in any activity intended to 32 |
---|
1011 | 1011 | | further the professionalism of peace officers through 33 |
---|
1012 | 1012 | | training and education, including the provision of 34 |
---|
1013 | 1013 | | specialized training through the department of public safety. 35 |
---|
1014 | 1014 | | 610.131. 1. Notwithstanding the provisions of section 1 |
---|
1015 | 1015 | | 610.140 to the contrary, a person who [at the time of the 2 |
---|
1016 | 1016 | | offense was under the age of eighteen, and] has pleaded 3 |
---|
1017 | 1017 | | guilty to or has been convicted [for] of the offense of 4 |
---|
1018 | 1018 | | prostitution under section 567.020 may apply to the court in 5 |
---|
1019 | 1019 | | which he or she pled guilty or was sentenced for an order to 6 |
---|
1020 | 1020 | | expunge from all official records all recordations of his or 7 |
---|
1021 | 1021 | | her arrest, plea, trial, or conviction. If the court 8 |
---|
1022 | 1022 | | determines that such person [was under the age of eighteen 9 |
---|
1023 | 1023 | | or] was acting under the coercion, as defined in section 10 |
---|
1024 | 1024 | | 566.200, of an agent when committing the offense that 11 |
---|
1025 | 1025 | | resulted in a plea of guilty or conviction under section 12 |
---|
1026 | 1026 | | 567.020, the court shall enter an order of expungement. 13 |
---|
1027 | 1027 | | 2. Upon granting of the order of expungement, the 14 |
---|
1028 | 1028 | | records and files maintained in any administrative or court 15 |
---|
1029 | 1029 | | proceeding in an associate or circuit division of the 16 |
---|
1030 | 1030 | | circuit court under this section shall be confidential and 17 |
---|
1031 | 1031 | | only available to the parties or by order of the court for 18 |
---|
1032 | 1032 | | good cause shown. The effect of such order shall be to 19 |
---|
1033 | 1033 | | restore such person to the status he or she occupied prior 20 |
---|
1034 | 1034 | | to such arrest, plea, or conviction and as if such event had 21 |
---|
1035 | 1035 | | never taken place. No person as to whom such order has been 22 |
---|
1036 | 1036 | | entered shall be held thereafter under any provision of any 23 |
---|
1037 | 1037 | | law to be guilty of perjury or otherwise giving a false 24 |
---|
1038 | 1038 | | statement by reason of his or her failure to recite or 25 |
---|
1039 | 1039 | | acknowledge such arrest, plea, trial, conviction, or 26 |
---|
1040 | 1040 | | expungement in response to any inquiry made of him or her 27 |
---|
1041 | 1041 | | for any purpose whatsoever and no such inquiry shall be made 28 SB 284 34 |
---|
1042 | 1042 | | for information relating to an expungement under this 29 |
---|
1043 | 1043 | | section. 30 |
---|
1044 | 1044 | | |
---|