Missouri 2025 Regular Session

Missouri Senate Bill SB704 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3	3	and is intended to be omitted in the law.
4	4	FIRST REGULAR SESSION
5	5	SENATE BILL NO. 704
6	6	103RD GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR NICOLA.
8	8	2672S.04I KRISTINA MARTIN, Secretary
9	9	AN ACT
10	10	To repeal sections 210.115, 568.045, 568.050, 568.060, and 578.421, RSMo, and to enact in lieu
11	11	thereof five new sections relating to child protection, with penalty provisions.
12	12
13	13	Be it enacted by the General Assembly of the State of Missouri, as follows:
14	14	Section A. Sections 210.115, 568.045, 568.050, 568.060, 1
15	15	and 578.421, RSMo, are repealed and five new sections enact ed 2
16	16	in lieu thereof, to be known as sections 210.115, 568.045, 3
17	17	568.050, 568.060, and 578.421, to read as follows:4
18	18	210.115. 1. When any physician, medical examiner, 1
19	19	coroner, dentist, chiropractor, optometrist, podiatrist, 2
20	20	resident, intern, nurse, h ospital or clinic personnel that 3
21	21	are engaged in the examination, care, treatment or research 4
22	22	of persons, and any other health practitioner, psychologist, 5
23	23	mental health professional, social worker, day care center 6
24	24	worker or other child -care worker, juvenile officer, 7
25	25	probation or parole officer, jail or detention center 8
26	26	personnel, teacher, principal or other school official, 9
27	27	minister as provided by section 352.400, peace officer or 10
28	28	law enforcement official, volunteer or personnel of a 11
29	29	community service program that offers support services for 12
30	30	families in crisis to assist in the delegation of any powers 13
31	31	regarding the care and custody of a child by a properly 14
32	32	executed power of attorney pursuant to sections 475.600 to 15
33	33	475.604, or other person with re sponsibility for the care of 16
34	34	children has reasonable cause to suspect that a child has 17 SB 704 2
35	35	been or may be subjected to abuse or neglect or observes a 18
36	36	child being subjected to conditions or circumstances which 19
37	37	would reasonably result in abuse or neglect, th at person 20
38	38	shall immediately report to the division in accordance with 21
39	39	the provisions of sections 210.109 to 210.183. No internal 22
40	40	investigation shall be initiated until such a report has 23
41	41	been made. As used in this section, the term "abuse" is not 24
42	42	limited to abuse inflicted by a person responsible for the 25
43	43	child's care, custody and control as specified in section 26
44	44	210.110, but shall also include abuse inflicted by any other 27
45	45	person. 28
46	46	2. If two or more members of a medical institution who 29
47	47	are required to report jointly have knowledge of a known or 30
48	48	suspected instance of child abuse or neglect, a single 31
49	49	report may be made by a designated member of that medical 32
50	50	team. Any member who has knowledge that the member 33
51	51	designated to report has failed to do so shall thereafter 34
52	52	immediately make the report. Nothing in this section, 35
53	53	however, is meant to preclude any person from reporting 36
54	54	abuse or neglect. 37
55	55	3. The reporting requirements under this section are 38
56	56	individual, and no supervisor or administ rator may impede or 39
57	57	inhibit any reporting under this section. No person making 40
58	58	a report under this section shall be subject to any 41
59	59	sanction, including any adverse employment action, for 42
60	60	making such report. Every employer shall ensure that any 43
61	61	employee required to report pursuant to subsection 1 of this 44
62	62	section has immediate and unrestricted access to 45
63	63	communications technology necessary to make an immediate 46
64	64	report and is temporarily relieved of other work duties for 47
65	65	such time as is required to mak e any report required under 48
66	66	subsection 1 of this section. 49 SB 704 3
67	67	4. Notwithstanding any other provision of sections 50
68	68	210.109 to 210.183[,] to the contrary: 51
69	69	(1) Any child who does not receive specified medical 52
70	70	treatment by reason of the legitimate pr actice of the 53
71	71	religious belief of the child's parents, guardian, or others 54
72	72	legally responsible for the child, for that reason alone, 55
73	73	shall not be found to be an abused or neglected child, and 56
74	74	such parents, guardian or other persons legally responsible 57
75	75	for the child shall not be entered into the central 58
76	76	registry. However, the division may accept reports 59
77	77	concerning such a child and may subsequently investigate or 60
78	78	conduct a family assessment as a result of that report , but 61
79	79	shall not investigate or co nduct a family assessment for the 62
80	80	sole reason that the child's parent, guardian, or other 63
81	81	person responsible for the child's care, custody, and 64
82	82	control refuses to affirm or otherwise recognize the child's 65
83	83	sexual orientation or gender identity if such i dentity 66
84	84	differs from the child's biological sex, as such term is 67
85	85	defined in section 191.1720, or if he or she refuses to 68
86	86	assist or consent to the child's gender transition, as such 69
87	87	term is defined in section 191.1720 . Such an exception 70
88	88	shall not limit the administrative or judicial authority of 71
89	89	the state to ensure that medical services are provided to 72
90	90	the child when the child's health requires it ; provided, 73
91	91	that such medical services shall not include services 74
92	92	prohibited under section 191.1720; 75
93	93	(2) A child shall not be considered abused or 76
94	94	neglected for the sole reason that the child's parent, 77
95	95	guardian, or other person responsible for the child's care, 78
96	96	custody, and control refuses to affirm or otherwise 79
97	97	recognize the child's sexual orient ation or gender identity 80
98	98	if such identity differs from the child's biological sex, as 81 SB 704 4
99	99	such term is defined in section 191.1720, and such parent, 82
100	100	guardian, or other person responsible for the child's care, 83
101	101	custody, and control shall not be entered into the central 84
102	102	registry. The division shall not investigate or conduct a 85
103	103	family assessment for the sole reason that the child's 86
104	104	parent, guardian, or other person responsible for the 87
105	105	child's care, custody, and control refuses to affirm or 88
106	106	otherwise recognize the child's sexual orientation or gender 89
107	107	identity if such identity differs from the child's 90
108	108	biological sex, as such term is defined in section 191.1720 . 91
109	109	5. In addition to those persons and officials required 92
110	110	to report actual or suspected abus e or neglect, any other 93
111	111	person may report in accordance with sections 210.109 to 94
112	112	210.183 if such person has reasonable cause to suspect that 95
113	113	a child has been or may be subjected to abuse or neglect or 96
114	114	observes a child being subjected to conditions or 97
115	115	circumstances which would reasonably result in abuse or 98
116	116	neglect. 99
117	117	6. Any person or official required to report pursuant 100
118	118	to this section, including employees of the division, who 101
119	119	has probable cause to suspect that a child who is or may be 102
120	120	under the age of eighteen, who is eligible to receive a 103
121	121	certificate of live birth, has died shall report that fact 104
122	122	to the appropriate medical examiner or coroner. If, upon 105
123	123	review of the circumstances and medical information, the 106
124	124	medical examiner or coroner det ermines that the child died 107
125	125	of natural causes while under medical care for an 108
126	126	established natural disease, the coroner, medical examiner 109
127	127	or physician shall notify the division of the child's death 110
128	128	and that the child's attending physician shall be signi ng 111
129	129	the death certificate. In all other cases, the medical 112
130	130	examiner or coroner shall accept the report for 113 SB 704 5
131	131	investigation, shall immediately notify the division of the 114
132	132	child's death as required in section 58.452 and shall report 115
133	133	the findings to the chi ld fatality review panel established 116
134	134	pursuant to section 210.192. 117
135	135	7. Any person or individual required to report may 118
136	136	also report the suspicion of abuse or neglect to any law 119
137	137	enforcement agency or juvenile office. Such report shall 120
138	138	not, however, take the place of reporting to the division. 121
139	139	8. If an individual required to report suspected 122
140	140	instances of abuse or neglect pursuant to this section has 123
141	141	reason to believe that the victim of such abuse or neglect 124
142	142	is a resident of another state or w as injured as a result of 125
143	143	an act which occurred in another state, the person required 126
144	144	to report such abuse or neglect may, in lieu of reporting to 127
145	145	the Missouri children's division, make such a report to the 128
146	146	child protection agency of the other state wi th the 129
147	147	authority to receive such reports pursuant to the laws of 130
148	148	such other state. If such agency accepts the report, no 131
149	149	report is required to be made, but may be made, to the 132
150	150	children's division. 133
151	151	9. For the purposes of providing supportive serv ices 134
152	152	or verifying the status of a youth as unaccompanied or 135
153	153	homeless for the purposes of accessing supportive services, 136
154	154	the fact that a child is an unaccompanied youth as defined 137
155	155	in 42 U.S.C. Section 11434a(6) is not, in and of itself, a 138
156	156	sufficient basis for reporting child abuse or neglect, 139
157	157	unless the child is under sixteen years of age or is an 140
158	158	incapacitated person, as defined in section 475.010. 141
159	159	Nothing in this subsection shall limit a mandated reporter 142
160	160	from making a report under this section i f the mandated 143
161	161	reporter knows or has reasonable cause to suspect that an 144 SB 704 6
162	162	unaccompanied youth has been or may be a victim of abuse or 145
163	163	neglect. 146
164	164	568.045. 1. A person commits the offense of 1
165	165	endangering the welfare of a child in the fir st degree if he 2
166	166	or she: 3
167	167	(1) Knowingly acts in a manner that creates a 4
168	168	substantial risk to the life, body, or health of a child 5
169	169	less than seventeen years of age; or 6
170	170	(2) Knowingly engages in sexual conduct with a person 7
171	171	under the age of seven teen years over whom the person is a 8
172	172	parent, guardian, or otherwise charged with the care and 9
173	173	custody; 10
174	174	(3) Knowingly encourages, aids or causes a child less 11
175	175	than seventeen years of age to engage in any conduct which 12
176	176	violates the provisions of cha pter 571 or 579; 13
177	177	(4) In the presence of a child less than seventeen 14
178	178	years of age or in a residence where a child less than 15
179	179	seventeen years of age resides, unlawfully manufactures or 16
180	180	attempts to manufacture compounds, possesses, produces, 17
181	181	prepares, sells, transports, tests or analyzes amphetamine 18
182	182	or methamphetamine or any of its analogues. 19
183	183	2. The offense of endangering the welfare of a child 20
184	184	in the first degree is a class D felony unless the offense: 21
185	185	(1) Is committed as part of an act or series of acts 22
186	186	performed by two or more persons as part of an established 23
187	187	or prescribed pattern of activity, or where physical injury 24
188	188	to the child results, or the offense is a second or 25
189	189	subsequent offense under this section, in which case the 26
190	190	offense is a class C felony; 27
191	191	(2) Results in serious physical injury to the child, 28
192	192	in which case the offense is a class B felony; or 29 SB 704 7
193	193	(3) Results in the death of a child, in which case the 30
194	194	offense is a class A felony. 31
195	195	3. A person does not com mit the offense of endangering 32
196	196	the welfare of a child in the first degree if he or she 33
197	197	refuses to affirm or recognize a child's sexual orientation 34
198	198	or gender identity if such identity differs from the child's 35
199	199	biological sex, as such term is defined in s ection 191.1720, 36
200	200	or if he or she refuses to assist or consent to a child's 37
201	201	gender transition, as such term is defined in section 38
202	202	191.1720. 39
203	203	568.050. 1. A person commits the offense of 1
204	204	endangering the welfare of a child in the second degree if 2
205	205	he or she: 3
206	206	(1) With criminal negligence acts in a manner that 4
207	207	creates a substantial risk to the life, body or health of a 5
208	208	child less than seventeen years of age; or 6
209	209	(2) Knowingly encourages, aids or causes a child less 7
210	210	than seventeen years of age to engage in any conduct which 8
211	211	causes or tends to cause the child to come within the 9
212	212	provisions of paragraph (d) of subdivision (2) of subsection 10
213	213	1 or subdivision (3) of subsection 1 of section 211.031; or 11
214	214	(3) Being a parent, guardian or other person legally 12
215	215	charged with the care or custody of a child less than 13
216	216	seventeen years of age, recklessly fails or refuses to 14
217	217	exercise reasonable diligence in the care or control of such 15
218	218	child to prevent him or her from coming within the 16
219	219	provisions of paragraph (c) of subdivision (1) of subsection 17
220	220	1 or paragraph (d) of subdivision (2) of subsection 1 or 18
221	221	subdivision (3) of subsection 1 of section 211.031; or 19
222	222	(4) Knowingly encourages, aids or causes a child less 20
223	223	than seventeen years of age to enter into any room, building 21 SB 704 8
224	224	or other structure which is a public nuisance as defined in 22
225	225	section 579.105. 23
226	226	2. Nothing in this section shall be construed to mean 24
227	227	the welfare of a child is endangered for the sole reason 25
228	228	that he or she is being provided nonmedical remedial 26
229	229	treatment recognized and permitted under the laws of this 27
230	230	state. 28
231	231	3. The offense of endangering the welfare of a child 29
232	232	in the second degree is a class A misdemeanor unless the 30
233	233	offense is committed as part of an act or series of acts 31
234	234	performed by two or more persons as part of an established 32
235	235	or prescribed pattern of activity, in which case the offense 33
236	236	is a class E felony. 34
237	237	4. A person does not commit the offense of endangering 35
238	238	the welfare of a child in th e second degree if he or she 36
239	239	refuses to affirm or recognize a child's sexual orientation 37
240	240	or gender identity if such identity differs from the child's 38
241	241	biological sex, as such term is defined in section 191.1720, 39
242	242	or if he or she refuses to assist or cons ent to a child's 40
243	243	gender transition, as such term is defined in section 41
244	244	191.1720. 42
245	245	568.060. 1. As used in this section, the following 1
246	246	terms shall mean: 2
247	247	(1) "Abuse", the infliction of physical, sexual, or 3
248	248	mental injury against a child by any person eighteen years 4
249	249	of age or older. For purposes of this section, abuse shall 5
250	250	not include injury inflicted on a child by accidental means 6
251	251	by a person with care, custody, or control of the child, or 7
252	252	discipline of a child by a person wi th care, custody, or 8
253	253	control of the child, including spanking, in a reasonable 9
254	254	manner; 10 SB 704 9
255	255	(2) "Abusive head trauma", a serious physical injury 11
256	256	to the head or brain caused by any means, including but not 12
257	257	limited to shaking, jerking, pushing, pulling, slamming, 13
258	258	hitting, or kicking; 14
259	259	(3) "Mental injury", an injury to the intellectual or 15
260	260	psychological capacity or the emotional condition of a child 16
261	261	as evidenced by an observable and substantial impairment of 17
262	262	the ability of the child to function wi thin his or her 18
263	263	normal range of performance or behavior; 19
264	264	(4) "Neglect", the failure to provide, by those 20
265	265	responsible for the care, custody, and control of a child 21
266	266	under the age of eighteen years, the care reasonable and 22
267	267	necessary to maintain the physical and mental health of the 23
268	268	child, when such failure presents a substantial probability 24
269	269	that death or physical injury or sexual injury would result; 25
270	270	(5) "Physical injury", physical pain, illness, or any 26
271	271	impairment of physical condition, incl uding but not limited 27
272	272	to bruising, lacerations, hematomas, welts, or permanent or 28
273	273	temporary disfigurement and impairment of any bodily 29
274	274	function or organ; 30
275	275	(6) "Serious emotional injury", an injury that creates 31
276	276	a substantial risk of temporary or pe rmanent medical or 32
277	277	psychological damage, manifested by impairment of a 33
278	278	behavioral, cognitive, or physical condition. Serious 34
279	279	emotional injury shall be established by testimony of 35
280	280	qualified experts upon the reasonable expectation of 36
281	281	probable harm to a reasonable degree of medical or 37
282	282	psychological certainty; 38
283	283	(7) "Serious physical injury", a physical injury that 39
284	284	creates a substantial risk of death or that causes serious 40
285	285	disfigurement or protracted loss or impairment of the 41
286	286	function of any part of the body. 42 SB 704 10
287	287	2. A person commits the offense of abuse or neglect of 43
288	288	a child if such person knowingly causes a child who is less 44
289	289	than eighteen years of age: 45
290	290	(1) To suffer physical or mental injury as a result of 46
291	291	abuse or neglect; or 47
292	292	(2) To be placed in a situation in which the child may 48
293	293	suffer physical or mental injury as the result of abuse or 49
294	294	neglect. 50
295	295	3. A person commits the offense of abuse or neglect of 51
296	296	a child if such person recklessly causes a child who is less 52
297	297	than eighteen years of age to suffer from abusive head 53
298	298	trauma. 54
299	299	4. A person does not commit the offense of abuse or 55
300	300	neglect of a child by virtue of the sole fact that the 56
301	301	person delivers or allows the delivery of a child to a 57
302	302	provider of emergency services. 58
303	303	5. A person does not commit the offense of abuse or 59
304	304	neglect of a child by virtue of the sole fact that the 60
305	305	person refuses to affirm or otherwise recognize a child's 61
306	306	sexual orientation or gender identity if such identity 62
307	307	differs from the child's biological sex, as such term is 63
308	308	defined in section 191.1720. 64
309	309	6. The offense of abuse or neglect of a child is: 65
310	310	(1) A class D felony, without eligibility for 66
311	311	probation, parole, or conditional release until the 67
312	312	defendant has served no less tha n one year of such sentence, 68
313	313	unless the person has previously been found guilty of a 69
314	314	violation of this section or of a violation of the law of 70
315	315	any other jurisdiction that prohibits the same or similar 71
316	316	conduct or the injury inflicted on the child is a s erious 72
317	317	emotional injury or a serious physical injury, in which case 73
318	318	abuse or neglect of a child is a class B felony, without 74 SB 704 11
319	319	eligibility for probation or parole until the defendant has 75
320	320	served not less than five years of such sentence; or 76
321	321	(2) A class A felony if the child dies as a result of 77
322	322	injuries sustained from conduct chargeable under the 78
323	323	provisions of this section. 79
324	324	[6.] 7. Notwithstanding subsection [5] 6 of this 80
325	325	section to the contrary, the offense of abuse or neglect of 81
326	326	a child is a class A felony, without eligibility for 82
327	327	probation, parole, or conditional release until the 83
328	328	defendant has served not less than fifteen years of such 84
329	329	sentence, if: 85
330	330	(1) The injury is a serious emotional injury or a 86
331	331	serious physical injury; 87
332	332	(2) The child is less than fourteen years of age; and 88
333	333	(3) The injury is the result of sexual abuse or sexual 89
334	334	abuse in the first degree as defined under section 566.100 90
335	335	or sexual exploitation of a minor as defined under section 91
336	336	573.023. 92
337	337	[7.] 8. The circuit or prosecuting attorney may refer 93
338	338	a person who is suspected of abuse or neglect of a child to 94
339	339	an appropriate public or private agency for treatment or 95
340	340	counseling so long as the agency has consented to taking 96
341	341	such referrals. Nothing in this subsection shall limit the 97
342	342	discretion of the circuit or prosecuting attorney to 98
343	343	prosecute a person who has been referred for treatment or 99
344	344	counseling pursuant to this subsection. 100
345	345	[8.] 9. Nothing in this section shall be construed to 101
346	346	alter the requirement that every element of any crime 102
347	347	referred to herein must be proven beyond a reasonable doubt. 103
348	348	[9.] 10. Discipline, including spanking administered 104
349	349	in a reasonable manner, shall not be construed to be abuse 105
350	350	under this section. 106 SB 704 12
351	351	578.421. 1. Sections 578.421 to 578.437 shall be 1
352	352	known and may be cited as the "Missouri Criminal Street 2
353	353	Gangs Prevention Act". 3
354	354	2. As used in sections 578.421 to 578.437, the 4
355	355	following terms mean: 5
356	356	(1) "Criminal street gang", any ongoing organization, 6
357	357	association, or group of three or more persons, whether 7
358	358	formal or informal, having as one of its motivating 8
359	359	activities the commission of one or more of the criminal 9
360	360	acts enumerated in subdivision (2) of this subsection, whose 10
361	361	members individually or collectively engage in or have 11
362	362	engaged in a pattern of criminal gang activity; 12
363	363	(2) "Pattern of criminal street gang activity", the 13
364	364	commission, attempted commission, or solicitation of two or 14
365	365	more of the following off enses, provided at least one of 15
366	366	those offenses occurred after August 28, 1993, and the last 16
367	367	of those offenses occurred within three years after a prior 17
368	368	offense, and the offenses are committed on separate 18
369	369	occasions, or by two or more persons: 19
370	370	(a) Assault with a deadly weapon or by means of force 20
371	371	likely to cause serious physical injury, as provided in 21
372	372	sections 565.050 and 565.052; 22
373	373	(b) Robbery, arson and those offenses under chapter 23
374	374	569 which are related to robbery and arson; 24
375	375	(c) Murder or manslaughter, as provided in sections 25
376	376	565.020 to 565.024; 26
377	377	(d) Any violation of the provisions of chapter 579 27
378	378	which involves the distribution, delivery or manufacture of 28
379	379	a substance prohibited by chapter 579; 29
380	380	(e) Unlawful use of a weapon which is a felony 30
381	381	pursuant to section 571.030; 31 SB 704 13
382	382	(f) Tampering with witnesses and victims, as provided 32
383	383	in section 575.270; 33
384	384	(g) Promoting online sexual solicitation, as provided 34
385	385	in section 566.103; 35
386	386	(h) Sexual trafficking of a child in th e first degree, 36
387	387	as provided in section 566.210; 37
388	388	(i) Sexual trafficking of a child in the second 38
389	389	degree, as provided in section 566.211; 39
390	390	(j) Patronizing prostitution, as provided in 40
391	391	subsection 4 of section 567.030; 41
392	392	(k) Promoting prostitution in the first degree, as 42
393	393	provided in section 567.050; 43
394	394	(l) Promoting prostitution in the second degree, as 44
395	395	provided in section 567.060; 45
396	396	(m) Abuse or neglect of a child, as provided in 46
397	397	subsection [6] 7 of section 568.060; 47
398	398	(n) Sexual exploitation of a minor, as provided in 48
399	399	section 573.023; 49
400	400	(o) Child used in sexual performance, as provided in 50
401	401	section 573.200; 51
402	402	(p) Promoting sexual performance by a child, as 52
403	403	provided in section 573.205; or 53
404	404	(q) Any dangerous felony, a s defined in section 54
405	405	556.061. 55
406	406	