EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE BILL NO. 704
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR NICOLA.
2672S.04I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 210.115, 568.045, 568.050, 568.060, and 578.421, RSMo, and to enact in lieu
thereof five new sections relating to child protection, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 210.115, 568.045, 568.050, 568.060, 1
and 578.421, RSMo, are repealed and five new sections enact ed 2
in lieu thereof, to be known as sections 210.115, 568.045, 3
568.050, 568.060, and 578.421, to read as follows:4
210.115. 1. When any physician, medical examiner, 1
coroner, dentist, chiropractor, optometrist, podiatrist, 2
resident, intern, nurse, h ospital or clinic personnel that 3
are engaged in the examination, care, treatment or research 4
of persons, and any other health practitioner, psychologist, 5
mental health professional, social worker, day care center 6
worker or other child -care worker, juvenile officer, 7
probation or parole officer, jail or detention center 8
personnel, teacher, principal or other school official, 9
minister as provided by section 352.400, peace officer or 10
law enforcement official, volunteer or personnel of a 11
community service program that offers support services for 12
families in crisis to assist in the delegation of any powers 13
regarding the care and custody of a child by a properly 14
executed power of attorney pursuant to sections 475.600 to 15
475.604, or other person with re sponsibility for the care of 16
children has reasonable cause to suspect that a child has 17 SB 704 2
been or may be subjected to abuse or neglect or observes a 18
child being subjected to conditions or circumstances which 19
would reasonably result in abuse or neglect, th at person 20
shall immediately report to the division in accordance with 21
the provisions of sections 210.109 to 210.183. No internal 22
investigation shall be initiated until such a report has 23
been made. As used in this section, the term "abuse" is not 24
limited to abuse inflicted by a person responsible for the 25
child's care, custody and control as specified in section 26
210.110, but shall also include abuse inflicted by any other 27
person. 28
2. If two or more members of a medical institution who 29
are required to report jointly have knowledge of a known or 30
suspected instance of child abuse or neglect, a single 31
report may be made by a designated member of that medical 32
team. Any member who has knowledge that the member 33
designated to report has failed to do so shall thereafter 34
immediately make the report. Nothing in this section, 35
however, is meant to preclude any person from reporting 36
abuse or neglect. 37
3. The reporting requirements under this section are 38
individual, and no supervisor or administ rator may impede or 39
inhibit any reporting under this section. No person making 40
a report under this section shall be subject to any 41
sanction, including any adverse employment action, for 42
making such report. Every employer shall ensure that any 43
employee required to report pursuant to subsection 1 of this 44
section has immediate and unrestricted access to 45
communications technology necessary to make an immediate 46
report and is temporarily relieved of other work duties for 47
such time as is required to mak e any report required under 48
subsection 1 of this section. 49 SB 704 3
4. Notwithstanding any other provision of sections 50
210.109 to 210.183[,] to the contrary: 51
(1) Any child who does not receive specified medical 52
treatment by reason of the legitimate pr actice of the 53
religious belief of the child's parents, guardian, or others 54
legally responsible for the child, for that reason alone, 55
shall not be found to be an abused or neglected child, and 56
such parents, guardian or other persons legally responsible 57
for the child shall not be entered into the central 58
registry. However, the division may accept reports 59
concerning such a child and may subsequently investigate or 60
conduct a family assessment as a result of that report , but 61
shall not investigate or co nduct a family assessment for the 62
sole reason that the child's parent, guardian, or other 63
person responsible for the child's care, custody, and 64
control refuses to affirm or otherwise recognize the child's 65
sexual orientation or gender identity if such i dentity 66
differs from the child's biological sex, as such term is 67
defined in section 191.1720, or if he or she refuses to 68
assist or consent to the child's gender transition, as such 69
term is defined in section 191.1720 . Such an exception 70
shall not limit the administrative or judicial authority of 71
the state to ensure that medical services are provided to 72
the child when the child's health requires it ; provided, 73
that such medical services shall not include services 74
prohibited under section 191.1720; 75
(2) A child shall not be considered abused or 76
neglected for the sole reason that the child's parent, 77
guardian, or other person responsible for the child's care, 78
custody, and control refuses to affirm or otherwise 79
recognize the child's sexual orient ation or gender identity 80
if such identity differs from the child's biological sex, as 81 SB 704 4
such term is defined in section 191.1720, and such parent, 82
guardian, or other person responsible for the child's care, 83
custody, and control shall not be entered into the central 84
registry. The division shall not investigate or conduct a 85
family assessment for the sole reason that the child's 86
parent, guardian, or other person responsible for the 87
child's care, custody, and control refuses to affirm or 88
otherwise recognize the child's sexual orientation or gender 89
identity if such identity differs from the child's 90
biological sex, as such term is defined in section 191.1720 . 91
5. In addition to those persons and officials required 92
to report actual or suspected abus e or neglect, any other 93
person may report in accordance with sections 210.109 to 94
210.183 if such person has reasonable cause to suspect that 95
a child has been or may be subjected to abuse or neglect or 96
observes a child being subjected to conditions or 97
circumstances which would reasonably result in abuse or 98
neglect. 99
6. Any person or official required to report pursuant 100
to this section, including employees of the division, who 101
has probable cause to suspect that a child who is or may be 102
under the age of eighteen, who is eligible to receive a 103
certificate of live birth, has died shall report that fact 104
to the appropriate medical examiner or coroner. If, upon 105
review of the circumstances and medical information, the 106
medical examiner or coroner det ermines that the child died 107
of natural causes while under medical care for an 108
established natural disease, the coroner, medical examiner 109
or physician shall notify the division of the child's death 110
and that the child's attending physician shall be signi ng 111
the death certificate. In all other cases, the medical 112
examiner or coroner shall accept the report for 113 SB 704 5
investigation, shall immediately notify the division of the 114
child's death as required in section 58.452 and shall report 115
the findings to the chi ld fatality review panel established 116
pursuant to section 210.192. 117
7. Any person or individual required to report may 118
also report the suspicion of abuse or neglect to any law 119
enforcement agency or juvenile office. Such report shall 120
not, however, take the place of reporting to the division. 121
8. If an individual required to report suspected 122
instances of abuse or neglect pursuant to this section has 123
reason to believe that the victim of such abuse or neglect 124
is a resident of another state or w as injured as a result of 125
an act which occurred in another state, the person required 126
to report such abuse or neglect may, in lieu of reporting to 127
the Missouri children's division, make such a report to the 128
child protection agency of the other state wi th the 129
authority to receive such reports pursuant to the laws of 130
such other state. If such agency accepts the report, no 131
report is required to be made, but may be made, to the 132
children's division. 133
9. For the purposes of providing supportive serv ices 134
or verifying the status of a youth as unaccompanied or 135
homeless for the purposes of accessing supportive services, 136
the fact that a child is an unaccompanied youth as defined 137
in 42 U.S.C. Section 11434a(6) is not, in and of itself, a 138
sufficient basis for reporting child abuse or neglect, 139
unless the child is under sixteen years of age or is an 140
incapacitated person, as defined in section 475.010. 141
Nothing in this subsection shall limit a mandated reporter 142
from making a report under this section i f the mandated 143
reporter knows or has reasonable cause to suspect that an 144 SB 704 6
unaccompanied youth has been or may be a victim of abuse or 145
neglect. 146
568.045. 1. A person commits the offense of 1
endangering the welfare of a child in the fir st degree if he 2
or she: 3
(1) Knowingly acts in a manner that creates a 4
substantial risk to the life, body, or health of a child 5
less than seventeen years of age; or 6
(2) Knowingly engages in sexual conduct with a person 7
under the age of seven teen years over whom the person is a 8
parent, guardian, or otherwise charged with the care and 9
custody; 10
(3) Knowingly encourages, aids or causes a child less 11
than seventeen years of age to engage in any conduct which 12
violates the provisions of cha pter 571 or 579; 13
(4) In the presence of a child less than seventeen 14
years of age or in a residence where a child less than 15
seventeen years of age resides, unlawfully manufactures or 16
attempts to manufacture compounds, possesses, produces, 17
prepares, sells, transports, tests or analyzes amphetamine 18
or methamphetamine or any of its analogues. 19
2. The offense of endangering the welfare of a child 20
in the first degree is a class D felony unless the offense: 21
(1) Is committed as part of an act or series of acts 22
performed by two or more persons as part of an established 23
or prescribed pattern of activity, or where physical injury 24
to the child results, or the offense is a second or 25
subsequent offense under this section, in which case the 26
offense is a class C felony; 27
(2) Results in serious physical injury to the child, 28
in which case the offense is a class B felony; or 29 SB 704 7
(3) Results in the death of a child, in which case the 30
offense is a class A felony. 31
3. A person does not com mit the offense of endangering 32
the welfare of a child in the first degree if he or she 33
refuses to affirm or recognize a child's sexual orientation 34
or gender identity if such identity differs from the child's 35
biological sex, as such term is defined in s ection 191.1720, 36
or if he or she refuses to assist or consent to a child's 37
gender transition, as such term is defined in section 38
191.1720. 39
568.050. 1. A person commits the offense of 1
endangering the welfare of a child in the second degree if 2
he or she: 3
(1) With criminal negligence acts in a manner that 4
creates a substantial risk to the life, body or health of a 5
child less than seventeen years of age; or 6
(2) Knowingly encourages, aids or causes a child less 7
than seventeen years of age to engage in any conduct which 8
causes or tends to cause the child to come within the 9
provisions of paragraph (d) of subdivision (2) of subsection 10
1 or subdivision (3) of subsection 1 of section 211.031; or 11
(3) Being a parent, guardian or other person legally 12
charged with the care or custody of a child less than 13
seventeen years of age, recklessly fails or refuses to 14
exercise reasonable diligence in the care or control of such 15
child to prevent him or her from coming within the 16
provisions of paragraph (c) of subdivision (1) of subsection 17
1 or paragraph (d) of subdivision (2) of subsection 1 or 18
subdivision (3) of subsection 1 of section 211.031; or 19
(4) Knowingly encourages, aids or causes a child less 20
than seventeen years of age to enter into any room, building 21 SB 704 8
or other structure which is a public nuisance as defined in 22
section 579.105. 23
2. Nothing in this section shall be construed to mean 24
the welfare of a child is endangered for the sole reason 25
that he or she is being provided nonmedical remedial 26
treatment recognized and permitted under the laws of this 27
state. 28
3. The offense of endangering the welfare of a child 29
in the second degree is a class A misdemeanor unless the 30
offense is committed as part of an act or series of acts 31
performed by two or more persons as part of an established 32
or prescribed pattern of activity, in which case the offense 33
is a class E felony. 34
4. A person does not commit the offense of endangering 35
the welfare of a child in th e second degree if he or she 36
refuses to affirm or recognize a child's sexual orientation 37
or gender identity if such identity differs from the child's 38
biological sex, as such term is defined in section 191.1720, 39
or if he or she refuses to assist or cons ent to a child's 40
gender transition, as such term is defined in section 41
191.1720. 42
568.060. 1. As used in this section, the following 1
terms shall mean: 2
(1) "Abuse", the infliction of physical, sexual, or 3
mental injury against a child by any person eighteen years 4
of age or older. For purposes of this section, abuse shall 5
not include injury inflicted on a child by accidental means 6
by a person with care, custody, or control of the child, or 7
discipline of a child by a person wi th care, custody, or 8
control of the child, including spanking, in a reasonable 9
manner; 10 SB 704 9
(2) "Abusive head trauma", a serious physical injury 11
to the head or brain caused by any means, including but not 12
limited to shaking, jerking, pushing, pulling, slamming, 13
hitting, or kicking; 14
(3) "Mental injury", an injury to the intellectual or 15
psychological capacity or the emotional condition of a child 16
as evidenced by an observable and substantial impairment of 17
the ability of the child to function wi thin his or her 18
normal range of performance or behavior; 19
(4) "Neglect", the failure to provide, by those 20
responsible for the care, custody, and control of a child 21
under the age of eighteen years, the care reasonable and 22
necessary to maintain the physical and mental health of the 23
child, when such failure presents a substantial probability 24
that death or physical injury or sexual injury would result; 25
(5) "Physical injury", physical pain, illness, or any 26
impairment of physical condition, incl uding but not limited 27
to bruising, lacerations, hematomas, welts, or permanent or 28
temporary disfigurement and impairment of any bodily 29
function or organ; 30
(6) "Serious emotional injury", an injury that creates 31
a substantial risk of temporary or pe rmanent medical or 32
psychological damage, manifested by impairment of a 33
behavioral, cognitive, or physical condition. Serious 34
emotional injury shall be established by testimony of 35
qualified experts upon the reasonable expectation of 36
probable harm to a reasonable degree of medical or 37
psychological certainty; 38
(7) "Serious physical injury", a physical injury that 39
creates a substantial risk of death or that causes serious 40
disfigurement or protracted loss or impairment of the 41
function of any part of the body. 42 SB 704 10
2. A person commits the offense of abuse or neglect of 43
a child if such person knowingly causes a child who is less 44
than eighteen years of age: 45
(1) To suffer physical or mental injury as a result of 46
abuse or neglect; or 47
(2) To be placed in a situation in which the child may 48
suffer physical or mental injury as the result of abuse or 49
neglect. 50
3. A person commits the offense of abuse or neglect of 51
a child if such person recklessly causes a child who is less 52
than eighteen years of age to suffer from abusive head 53
trauma. 54
4. A person does not commit the offense of abuse or 55
neglect of a child by virtue of the sole fact that the 56
person delivers or allows the delivery of a child to a 57
provider of emergency services. 58
5. A person does not commit the offense of abuse or 59
neglect of a child by virtue of the sole fact that the 60
person refuses to affirm or otherwise recognize a child's 61
sexual orientation or gender identity if such identity 62
differs from the child's biological sex, as such term is 63
defined in section 191.1720. 64
6. The offense of abuse or neglect of a child is: 65
(1) A class D felony, without eligibility for 66
probation, parole, or conditional release until the 67
defendant has served no less tha n one year of such sentence, 68
unless the person has previously been found guilty of a 69
violation of this section or of a violation of the law of 70
any other jurisdiction that prohibits the same or similar 71
conduct or the injury inflicted on the child is a s erious 72
emotional injury or a serious physical injury, in which case 73
abuse or neglect of a child is a class B felony, without 74 SB 704 11
eligibility for probation or parole until the defendant has 75
served not less than five years of such sentence; or 76
(2) A class A felony if the child dies as a result of 77
injuries sustained from conduct chargeable under the 78
provisions of this section. 79
[6.] 7. Notwithstanding subsection [5] 6 of this 80
section to the contrary, the offense of abuse or neglect of 81
a child is a class A felony, without eligibility for 82
probation, parole, or conditional release until the 83
defendant has served not less than fifteen years of such 84
sentence, if: 85
(1) The injury is a serious emotional injury or a 86
serious physical injury; 87
(2) The child is less than fourteen years of age; and 88
(3) The injury is the result of sexual abuse or sexual 89
abuse in the first degree as defined under section 566.100 90
or sexual exploitation of a minor as defined under section 91
573.023. 92
[7.] 8. The circuit or prosecuting attorney may refer 93
a person who is suspected of abuse or neglect of a child to 94
an appropriate public or private agency for treatment or 95
counseling so long as the agency has consented to taking 96
such referrals. Nothing in this subsection shall limit the 97
discretion of the circuit or prosecuting attorney to 98
prosecute a person who has been referred for treatment or 99
counseling pursuant to this subsection. 100
[8.] 9. Nothing in this section shall be construed to 101
alter the requirement that every element of any crime 102
referred to herein must be proven beyond a reasonable doubt. 103
[9.] 10. Discipline, including spanking administered 104
in a reasonable manner, shall not be construed to be abuse 105
under this section. 106 SB 704 12
578.421. 1. Sections 578.421 to 578.437 shall be 1
known and may be cited as the "Missouri Criminal Street 2
Gangs Prevention Act". 3
2. As used in sections 578.421 to 578.437, the 4
following terms mean: 5
(1) "Criminal street gang", any ongoing organization, 6
association, or group of three or more persons, whether 7
formal or informal, having as one of its motivating 8
activities the commission of one or more of the criminal 9
acts enumerated in subdivision (2) of this subsection, whose 10
members individually or collectively engage in or have 11
engaged in a pattern of criminal gang activity; 12
(2) "Pattern of criminal street gang activity", the 13
commission, attempted commission, or solicitation of two or 14
more of the following off enses, provided at least one of 15
those offenses occurred after August 28, 1993, and the last 16
of those offenses occurred within three years after a prior 17
offense, and the offenses are committed on separate 18
occasions, or by two or more persons: 19
(a) Assault with a deadly weapon or by means of force 20
likely to cause serious physical injury, as provided in 21
sections 565.050 and 565.052; 22
(b) Robbery, arson and those offenses under chapter 23
569 which are related to robbery and arson; 24
(c) Murder or manslaughter, as provided in sections 25
565.020 to 565.024; 26
(d) Any violation of the provisions of chapter 579 27
which involves the distribution, delivery or manufacture of 28
a substance prohibited by chapter 579; 29
(e) Unlawful use of a weapon which is a felony 30
pursuant to section 571.030; 31 SB 704 13
(f) Tampering with witnesses and victims, as provided 32
in section 575.270; 33
(g) Promoting online sexual solicitation, as provided 34
in section 566.103; 35
(h) Sexual trafficking of a child in th e first degree, 36
as provided in section 566.210; 37
(i) Sexual trafficking of a child in the second 38
degree, as provided in section 566.211; 39
(j) Patronizing prostitution, as provided in 40
subsection 4 of section 567.030; 41
(k) Promoting prostitution in the first degree, as 42
provided in section 567.050; 43
(l) Promoting prostitution in the second degree, as 44
provided in section 567.060; 45
(m) Abuse or neglect of a child, as provided in 46
subsection [6] 7 of section 568.060; 47
(n) Sexual exploitation of a minor, as provided in 48
section 573.023; 49
(o) Child used in sexual performance, as provided in 50
section 573.200; 51
(p) Promoting sexual performance by a child, as 52
provided in section 573.205; or 53
(q) Any dangerous felony, a s defined in section 54
556.061. 55