Missouri 2025 Regular Session

Missouri Senate Bill SB72 Latest Draft

Bill / Introduced Version Filed 12/05/2024

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