Missouri 2025 Regular Session

Missouri Senate Bill SB72 Compare Versions

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Old	New	Differences
1	1
2	2	FIRST REGULAR SESSION
3	3	SENATE BILL NO. 72
4	4	103RD GENERAL ASSEMBLY
5	5	INTRODUCED BY SENATOR GREGORY (15).
6	6	1003S.01I KRISTINA MARTIN, Secretary
7	7	AN ACT
8	8	To amend chapter 577, RSMo, by adding thereto one new section relating to illegal aliens, with
9	9	penalty provisions.
10	10
11	11	Be it enacted by the General Assembly of the State of Missouri, as follows:
12	12	Section A. Chapter 577, RSMo, is amended by ad ding thereto 1
13	13	one new section, to be known as section 577.678, to read as 2
14	14	follows:3
15	15	577.678. 1. As used in this section, the following 1
16	16	terms mean: 2
17	17	(1) "Certified bounty hunter", a person who: 3
18	18	(a) Possesses a valid unexpired license as a bail bond 4
19	19	agent, general bail bond agent, or surety recovery agent 5
20	20	under sections 374.695 to 374.789; and 6
21	21	(b) Is certified under this section to find and detain 7
22	22	illegal aliens in this state; 8
23	23	(2) "Department", the department of public safety; 9
24	24	(3) "Illegal alien", a person who is not lawfully 10
25	25	present in the United States as defined and described under 11
26	26	8 U.S.C. Section 1101 et seq., as amended; 12
27	27	(4) "Life imprisonment", imprisonment for the duration 13
28	28	of a person's natural life; 14
29	29	(5) "Peace officer", as defined in section 590.010. 15
30	30	2. (1) A person commits the offense of trespass by an 16
31	31	illegal alien if such person: 17
32	32	(a) Is an illegal alien; 18
33	33	(b) Knowingly enters this state and remains in this 19
34	34	state; and 20 SB 72 2
35	35	(c) Is physically present in this state at the time a 21
36	36	licensed bounty hunter or a peace officer apprehends such 22
37	37	person. 23
38	38	(2) (a) The offense of trespass by an illegal alien 24
39	39	under this section is a felony for which the authorized term 25
40	40	of imprisonment is life imprisonment without eligibility for 26
41	41	probation, parole, conditional release, or release except by 27
42	42	act of the governor or the natural death of such person. 28
43	43	(b) The provisions of this section shall not apply if 29
44	44	the federal government enters into a written agreement with 30
45	45	the department to take such person into custody and, within 31
46	46	twenty-four hours of such person being committed to the 32
47	47	custody of the federal government, deport such person. 33
48	48	3. A person who commits the offense of trespa ss by an 34
49	49	illegal alien shall be forever disqualified from: 35
50	50	(1) Registering and voting in any election under the 36
51	51	laws of this state; 37
52	52	(2) Securing any certificate or registration or 38
53	53	authority, permit, or license to drive under the laws of 39
54	54	this state; 40
55	55	(3) Applying for or receiving any state or local 41
56	56	public benefit offered by this state or a political 42
57	57	subdivision of this state; and 43
58	58	(4) Becoming a legal resident of this state. 44
59	59	4. Each person who is apprehended under this secti on 45
60	60	shall provide a DNA sample under the same procedures for 46
61	61	collecting a DNA sample described in sections 650.050 to 47
62	62	650.100. 48
63	63	5. Subject to appropriations: 49
64	64	(1) (a) The department shall develop and maintain an 50
65	65	information system that operat es at all times and provides 51 SB 72 3
66	66	various means to receive and maintain reports of violations 52
67	67	of subsection 2 of this section; 53
68	68	(b) The various means of receiving such reports shall 54
69	69	include, but not be limited to, a toll -free telephone 55
70	70	hotline, email address, and online reporting portal. The 56
71	71	department shall periodically publicize the hotline 57
72	72	telephone number, email address, internet website address, 58
73	73	and any other means by which the department may receive such 59
74	74	reports; 60
75	75	(c) A person who makes a report under this section may 61
76	76	choose to remain anonymous until the person affirmatively 62
77	77	consents to having the person's identity disclosed; 63
78	78	(d) The information system shall be staffed by off - 64
79	79	duty peace officers, retired peace officers, and any o ther 65
80	80	peace officer deemed qualified by the department to staff 66
81	81	the information system; and 67
82	82	(e) If an illegal alien is arrested and imprisoned 68
83	83	under this section as a result of a report to the 69
84	84	information system, the person who made the report sha ll be 70
85	85	eligible to receive a reward of one thousand dollars for 71
86	86	providing such report; and 72
87	87	(2) (a) The department shall develop and implement 73
88	88	the "Missouri Illegal Alien Certified Bounty Hunter 74
89	89	Program", which is hereby created to certify applica nts to 75
90	90	the program as certified bounty hunters for purposes of 76
91	91	finding and detaining illegal aliens in this state under 77
92	92	this section; 78
93	93	(b) The program shall be administered by the 79
94	94	department under the following application and certification 80
95	95	procedures: 81
96	96	a. A person who possesses a valid unexpired license as 82
97	97	a bail bond agent, general bail bond agent, or surety 83 SB 72 4
98	98	recovery agent under sections 374.695 to 374.789 may apply 84
99	99	to the department to be certified as a licensed bounty 85
100	100	hunter; 86
101	101	b. The department shall accept applications filed in 87
102	102	the manner established by rule and on a form prescribed by 88
103	103	the department. A completed application shall contain: 89
104	104	(i) The date the application was prepared; 90
105	105	(ii) The applicant's signature; 91
106	106	(iii) A copy of the person's valid unexpired license 92
107	107	as a bail bond agent, general bail bond agent, or surety 93
108	108	recovery agent under sections 374.695 to 374.789; 94
109	109	(iv) A mailing address where the applicant can be 95
110	110	contacted by the department for purposes of receiving first 96
111	111	class mail, legal documents, and certified mail; 97
112	112	(v) A telephone number or numbers where the applicant 98
113	113	can be called by the department; and 99
114	114	(vi) Other information deemed necessary by the 100
115	115	department; and 101
116	116	(c) Upon receipt of a completed application, the 102
117	117	department may certify the applicant as a licensed bounty 103
118	118	hunter. The term of certification shall be for four years 104
119	119	following the date of initial certification unless the 105
120	120	applicant withdraws the certificati on or the department 106
121	121	cancels the certification before such date. The department 107
122	122	shall notify each licensed bounty hunter of the 108
123	123	certification's expiration and provide a renewal form to 109
124	124	such licensed bounty hunter at least four weeks before such 110
125	125	expiration. 111
126	126	6. (1) There is hereby created in the state treasury 112
127	127	the "Missouri Illegal Alien Certified Bounty Hunter Program 113
128	128	Fund", which shall consist of moneys appropriated by the 114
129	129	general assembly. The state treasurer shall be custodian of 115 SB 72 5
130	130	the fund. In accordance with sections 30.170 and 30.180, 116
131	131	the state treasurer may approve disbursements. The fund 117
132	132	shall be a dedicated fund and, upon appropriation, moneys in 118
133	133	this fund shall be used solely to provide moneys to the 119
134	134	department for the implemen tation and administration of this 120
135	135	section. 121
136	136	(2) Notwithstanding the provisions of section 33.080 122
137	137	to the contrary, any moneys remaining in the fund at the end 123
138	138	of the biennium shall not revert to the credit of the 124
139	139	general revenue fund. 125
140	140	(3) The state treasurer shall invest moneys in the 126
141	141	fund in the same manner as other funds are invested. Any 127
142	142	interest and moneys earned on such investments shall be 128
143	143	credited to the fund. 129
144	144	7. The Missouri attorney general and the prosecuting 130
145	145	attorney or circuit attorney of each county shall prosecute 131
146	146	charges filed under this section. 132
147	147	8. The department may promulgate all necessary rules 133
148	148	and regulations for the administration of this section. Any 134
149	149	rule or portion of a rule, as that term is defined i n 135
150	150	section 536.010, that is created under the authority 136
151	151	delegated in this section shall become effective only if it 137
152	152	complies with and is subject to all of the provisions of 138
153	153	chapter 536 and, if applicable, section 536.028. This 139
154	154	section and chapter 536 are nonseverable and if any of the 140
155	155	powers vested with the general assembly pursuant to chapter 141
156	156	536 to review, to delay the effective date, or to disapprove 142
157	157	and annul a rule are subsequently held unconstitutional, 143
158	158	then the grant of rulemaking authority and any rule proposed 144
159	159	or adopted after August 28, 2025, shall be invalid and void. 145
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