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Missouri Senate Bill SB91

Missouri 2025 Regular Session

Missouri Senate Bill SB91 Compare Versions

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22 EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
33 and is intended to be omitted in the law.
44 FIRST REGULAR SESSION
55 SENATE BILL NO. 91
66 103RD GENERAL ASSEMBLY
77 INTRODUCED BY SENATOR NURRENBERN.
88 1195S.01I KRISTINA MARTIN, Secretary
99 AN ACT
1010 To repeal sections 455.050, 455.523, 565.076, 565.227, and 571.070, RSMo, and to enact in lieu
1111 thereof five new sections relating to unlawful possession of firearms, with penalty
1212 provisions.
1313
1414 Be it enacted by the General Assembly of the State of Missouri, as follows:
1515 Section A. Sections 455.050, 455.523, 565.076, 565.227, 1
1616 and 571.070, RSMo, are repealed and five new sections enacted 2
1717 in lieu thereof, to be known as sections 455.050, 455.523, 3
1818 565.076, 565.227, and 571.070, to read as follows:4
1919 455.050. 1. Any full or ex parte order of protection 1
2020 granted pursuant to sections 455.010 to 455.085 shall be to 2
2121 protect the petitioner from domestic violence, stalking, or 3
2222 sexual assault and may include such terms as the court 4
2323 reasonably deems necessary to ensure the petitioner's 5
2424 safety, including but not limited to: 6
2525 (1) Temporarily enjoining the respondent from 7
2626 committing or threatening to commit domestic violence, 8
2727 molesting, stalking, sexual assault, or disturbing the peace 9
2828 of the petitioner, including violence against a pet; 10
2929 (2) Temporarily enjoining the respondent from entering 11
3030 the premises of the d welling unit of the petitioner when the 12
3131 dwelling unit is: 13
3232 (a) Jointly owned, leased or rented or jointly 14
3333 occupied by both parties; or 15 SB 91 2
3434 (b) Owned, leased, rented or occupied by petitioner 16
3535 individually; or 17
3636 (c) Jointly owned, leased, rente d or occupied by 18
3737 petitioner and a person other than respondent; provided, 19
3838 however, no spouse shall be denied relief pursuant to this 20
3939 section by reason of the absence of a property interest in 21
4040 the dwelling unit; or 22
4141 (d) Jointly occupied by the peti tioner and a person 23
4242 other than respondent; provided that the respondent has no 24
4343 property interest in the dwelling unit; or 25
4444 (3) Temporarily enjoining the respondent from 26
4545 communicating with the petitioner in any manner or through 27
4646 any medium. 28
4747 2. Mutual orders of protection are prohibited unless 29
4848 both parties have properly filed written petitions and 30
4949 proper service has been made in accordance with sections 31
5050 455.010 to 455.085. 32
5151 3. When the court has, after a hearing for any full 33
5252 order of protection, issued an order of protection, it may, 34
5353 in addition: 35
5454 (1) Award custody of any minor child born to or 36
5555 adopted by the parties when the court has jurisdiction over 37
5656 such child and no prior order regarding custody is pending 38
5757 or has been made, and the best interests of the child 39
5858 require such order be issued; 40
5959 (2) Establish a visitation schedule that is in the 41
6060 best interests of the child; 42
6161 (3) Award child support in accordance with supreme 43
6262 court rule 88.01 and chapter 452; 44
6363 (4) Award maintenance to petitioner when petitioner 45
6464 and respondent are lawfully married in accordance with 46
6565 chapter 452; 47 SB 91 3
6666 (5) Order respondent to make or to continue to make 48
6767 rent or mortgage payments on a residence occupied by the 49
6868 petitioner if the respondent is found to have a duty to 50
6969 support the petitioner or other dependent household members; 51
7070 (6) Order the respondent to pay the petitioner's rent 52
7171 at a residence other than the one previously shared by the 53
7272 parties if the respondent is found t o have a duty to support 54
7373 the petitioner and the petitioner requests alternative 55
7474 housing; 56
7575 (7) Order that the petitioner be given temporary 57
7676 possession of specified personal property, such as 58
7777 automobiles, checkbooks, keys, and other personal effects ; 59
7878 (8) Prohibit the respondent from transferring, 60
7979 encumbering, or otherwise disposing of specified property 61
8080 mutually owned or leased by the parties; 62
8181 (9) Order the respondent to participate in a court - 63
8282 approved counseling program designed to he lp batterers stop 64
8383 violent behavior or to participate in a substance abuse 65
8484 treatment program; 66
8585 (10) Order the respondent to pay a reasonable fee for 67
8686 housing and other services that have been provided or that 68
8787 are being provided to the petitioner by a shelter for 69
8888 victims of domestic violence; 70
8989 (11) Order the respondent to pay court costs; 71
9090 (12) Order the respondent to pay the cost of medical 72
9191 treatment and services that have been provided or that are 73
9292 being provided to the petitioner as a r esult of injuries 74
9393 sustained to the petitioner by an act of domestic violence 75
9494 committed by the respondent; 76
9595 (13) Award possession and care of any pet, along with 77
9696 any moneys necessary to cover medical costs that may have 78
9797 resulted from abuse of the p et. 79 SB 91 4
9898 4. If the court issues, after a hearing for any full 80
9999 order of protection, an order of protection, the court shall 81
100100 also: 82
101101 (1) Prohibit the respondent from knowingly possessing 83
102102 or purchasing any firearm while the order is in effect; 84
103103 (2) Inform the respondent of such prohibition in 85
104104 writing and, if the respondent is present, orally; and 86
105105 (3) Forward the order to the Missouri state highway 87
106106 patrol so that the Missouri state highway patrol can update 88
107107 the respondent's record in the N ational Instant Criminal 89
108108 Background Check System (NICS). Upon receiving an order 90
109109 under this subsection, the Missouri state highway patrol 91
110110 shall notify the Federal Bureau of Investigation within 92
111111 twenty-four hours. 93
112112 5. A verified petition seeking o rders for maintenance, 94
113113 support, custody, visitation, payment of rent, payment of 95
114114 monetary compensation, possession of personal property, 96
115115 prohibiting the transfer, encumbrance, or disposal of 97
116116 property, or payment for services of a shelter for victims 98
117117 of domestic violence, shall contain allegations relating to 99
118118 those orders and shall pray for the orders desired. 100
119119 [5.] 6. In making an award of custody, the court shall 101
120120 consider all relevant factors including the presumption that 102
121121 the best interests o f the child will be served by placing 103
122122 the child in the custody and care of the nonabusive parent, 104
123123 unless there is evidence that both parents have engaged in 105
124124 abusive behavior, in which case the court shall not consider 106
125125 this presumption but may appoint a guardian ad litem or a 107
126126 court-appointed special advocate to represent the children 108
127127 in accordance with chapter 452 and shall consider all other 109
128128 factors in accordance with chapter 452. 110 SB 91 5
129129 [6.] 7. The court shall grant to the noncustodial 111
130130 parent rights to visitation with any minor child born to or 112
131131 adopted by the parties, unless the court finds, after 113
132132 hearing, that visitation would endanger the child's physical 114
133133 health, impair the child's emotional development or would 115
134134 otherwise conflict with the best interests of the child, or 116
135135 that no visitation can be arranged which would sufficiently 117
136136 protect the custodial parent from further domestic 118
137137 violence. The court may appoint a guardian ad litem or 119
138138 court-appointed special advocate to represent the minor 120
139139 child in accordance with chapter 452 whenever the custodial 121
140140 parent alleges that visitation with the noncustodial parent 122
141141 will damage the minor child. 123
142142 [7.] 8. The court shall make an order requiring the 124
143143 noncustodial party to pay an amount reasonable and necessary 125
144144 for the support of any child to whom the party owes a duty 126
145145 of support when no prior order of support is outstanding and 127
146146 after all relevant factors have been considered, in 128
147147 accordance with Missouri supreme court rule 88.01 and 129
148148 chapter 452. 130
149149 [8.] 9. The court may grant a maintenance order to a 131
150150 party for a period of time, not to exceed one hundred eighty 132
151151 days. Any maintenance ordered by the court shall be in 133
152152 accordance with chapter 452. 134
153153 [9.] 10. (1) The court may, in order t o ensure that a 135
154154 petitioner can maintain an existing wireless telephone 136
155155 number or numbers, issue an order, after notice and an 137
156156 opportunity to be heard, directing a wireless service 138
157157 provider to transfer the billing responsibility for and 139
158158 rights to the wireless telephone number or numbers to the 140
159159 petitioner, if the petitioner is not the wireless service 141
160160 accountholder. 142 SB 91 6
161161 (2) (a) The order transferring billing responsibility 143
162162 for and rights to the wireless telephone number or numbers 144
163163 to the petitioner shall list the name and billing telephone 145
164164 number of the accountholder, the name and contact 146
165165 information of the person to whom the telephone number or 147
166166 numbers will be transferred, and each telephone number to be 148
167167 transferred to that person. The court shall ensure that the 149
168168 contact information of the petitioner is not provided to the 150
169169 accountholder in proceedings held under this chapter. 151
170170 (b) Upon issuance, a copy of the full order of 152
171171 protection shall be transmitted, either electronically or by 153
172172 certified mail, to the wireless service provider's 154
173173 registered agent listed with the secretary of state, or 155
174174 electronically to the email address provided by the wireless 156
175175 service provider. Such transmittal shall constitute 157
176176 adequate notice for the wireless service provider acting 158
177177 under this section and section 455.523. 159
178178 (c) If the wireless service provider cannot 160
179179 operationally or technically effectuate the order due to 161
180180 certain circumstances, the wireless service provider shall 162
181181 notify the petitioner within three business days. Such 163
182182 circumstances shall include, but not be limited to, the 164
183183 following: 165
184184 a. The accountholder has already terminated the 166
185185 account; 167
186186 b. The differences in network technology prevent the 168
187187 functionality of a device on the network; or 169
188188 c. There are geographic or other limitations on 170
189189 network or service availability. 171
190190 (3) (a) Upon transfer of billing responsibility for 172
191191 and rights to a wireless telephone number or numbers to the 173
192192 petitioner under this subsecti on by a wireless service 174 SB 91 7
193193 provider, the petitioner shall assume all financial 175
194194 responsibility for the transferred wireless telephone number 176
195195 or numbers, monthly service costs, and costs for any mobile 177
196196 device associated with the wireless telephone number o r 178
197197 numbers. 179
198198 (b) This section shall not preclude a wireless service 180
199199 provider from applying any routine and customary 181
200200 requirements for account establishment to the petitioner as 182
201201 part of this transfer of billing responsibility for a 183
202202 wireless telephone number or numbers and any devices 184
203203 attached to that number or numbers including, but not 185
204204 limited to, identification, financial information, and 186
205205 customer preferences. 187
206206 (4) This section shall not affect the ability of the 188
207207 court to apportion the as sets and debts of the parties as 189
208208 provided for in law, or the ability to determine the 190
209209 temporary use, possession, and control of personal property. 191
210210 (5) No cause of action shall lie against any wireless 192
211211 service provider, its officers, employees, or agents, for 193
212212 actions taken in accordance with the terms of a court order 194
213213 issued under this section. 195
214214 (6) As used in this section and section 455.523, a 196
215215 "wireless service provider" means a provider of commercial 197
216216 mobile service under Section 332(d) o f the federal 198
217217 [Telecommunications] Communications Act of [1996] 1934 (47 199
218218 U.S.C. Section [151, et seq.] 332). 200
219219 455.523. 1. Any full order of protection granted 1
220220 under sections 455.500 to 455.538 shall be to protect the 2
221221 victim from domestic violence, including danger to the 3
222222 child's pet, stalking, and sexual assault may include such 4
223223 terms as the court reasonably deems necessary to ensure the 5
224224 petitioner's safety, including but not limited to: 6 SB 91 8
225225 (1) Temporarily enjoining the respond ent from 7
226226 committing domestic violence or sexual assault, threatening 8
227227 to commit domestic violence or sexual assault, stalking, 9
228228 molesting, or disturbing the peace of the victim; 10
229229 (2) Temporarily enjoining the respondent from entering 11
230230 the family home of the victim, except as specifically 12
231231 authorized by the court; 13
232232 (3) Temporarily enjoining the respondent from 14
233233 communicating with the victim in any manner or through any 15
234234 medium, except as specifically authorized by the court. 16
235235 2. If the court issues, after a hearing for any full 17
236236 order of protection, an order of protection, the court shall 18
237237 also: 19
238238 (1) Prohibit the respondent from knowingly possessing 20
239239 or purchasing any firearm while the order is in effect; 21
240240 (2) Inform the respondent o f such prohibition in 22
241241 writing and, if the respondent is present, orally; and 23
242242 (3) Forward the order to the Missouri state highway 24
243243 patrol so that the Missouri state highway patrol can update 25
244244 the respondent's record in the National Instant Criminal 26
245245 Background Check System (NICS). Upon receiving an order 27
246246 under this subsection, the Missouri state highway patrol 28
247247 shall notify the Federal Bureau of Investigation within 29
248248 twenty-four hours. 30
249249 3. When the court has, after hearing for any full 31
250250 order of protection, issued an order of protection, it may, 32
251251 in addition: 33
252252 (1) Award custody of any minor child born to or 34
253253 adopted by the parties when the court has jurisdiction over 35
254254 such child and no prior order regarding custody is pending 36
255255 or has been made, and the best interests of the child 37
256256 require such order be issued; 38 SB 91 9
257257 (2) Award visitation; 39
258258 (3) Award child support in accordance with supreme 40
259259 court rule 88.01 and chapter 452; 41
260260 (4) Award maintenance to petitioner when petitioner 42
261261 and respondent are lawfully married in accordance with 43
262262 chapter 452; 44
263263 (5) Order respondent to make or to continue to make 45
264264 rent or mortgage payments on a residence occupied by the 46
265265 victim if the respondent is found to have a duty to support 47
266266 the victim or other dependent household members; 48
267267 (6) Order the respondent to participate in a court - 49
268268 approved counseling program designed to help stop violent 50
269269 behavior or to treat substance abuse; 51
270270 (7) Order the respondent to pay, to the extent that he 52
271271 or she is able, the costs of his or her treatment, together 53
272272 with the treatment costs incurred by the victim; 54
273273 (8) Order the respondent to pay a reasonable fee for 55
274274 housing and other services that have been provided or that 56
275275 are being provided to the vict im by a shelter for victims of 57
276276 domestic violence; 58
277277 (9) Order a wireless service provider, in accordance 59
278278 with the process, provisions, and requirements set out in 60
279279 subdivisions (1) to (6) of subsection [9] 10 of section 61
280280 455.050, to transfer the bill ing responsibility for and 62
281281 rights to the wireless telephone number or numbers of any 63
282282 minor children in the petitioner's care to the petitioner, 64
283283 if the petitioner is not the wireless service accountholder; 65
284284 (10) Award possession and care of any pet, along with 66
285285 any moneys necessary to cover medical costs that may have 67
286286 resulted from abuse of the pet. 68
287287 565.076. 1. A person commits the offense of domestic 1
288288 assault in the fourth degree if the act involves a domestic 2 SB 91 10
289289 victim, as the term "domestic victim" is defined under 3
290290 section 565.002, and: 4
291291 (1) The person attempts to cause or recklessly causes 5
292292 physical injury, physical pain, or illness to such domestic 6
293293 victim; 7
294294 (2) With criminal negligence the person causes 8
295295 physical injury to such domestic victim by means of a deadly 9
296296 weapon or dangerous instrument; 10
297297 (3) The person purposely places such domestic victim 11
298298 in apprehension of immediate physical injury by any means; 12
299299 (4) The person recklessly engages in conduct wh ich 13
300300 creates a substantial risk of death or serious physical 14
301301 injury to such domestic victim; 15
302302 (5) The person knowingly causes physical contact with 16
303303 such domestic victim knowing he or she will regard the 17
304304 contact as offensive; or 18
305305 (6) The person knowingly attempts to cause or causes 19
306306 the isolation of such domestic victim by unreasonably and 20
307307 substantially restricting or limiting his or her access to 21
308308 other persons, telecommunication devices or transportation 22
309309 for the purpose of isolation. 23
310310 2. The offense of domestic assault in the fourth 24
311311 degree is a class A misdemeanor, unless the person has 25
312312 previously been found guilty of the offense of domestic 26
313313 assault, of any assault offense under this chapter, or of 27
314314 any offense against a domestic vict im committed in violation 28
315315 of any county or municipal ordinance in any state, any state 29
316316 law, any federal law, or any military law which if committed 30
317317 in this state two or more times would be a violation of this 31
318318 section, in which case it is a class E felo ny. The offenses 32
319319 described in this subsection may be against the same 33
320320 domestic victim or against different domestic victims. 34 SB 91 11
321321 3. Upon a person's conviction for the offense of 35
322322 domestic assault in the fourth degree, the court shall 36
323323 forward the record of conviction to the Missouri state 37
324324 highway patrol so that the Missouri state highway patrol can 38
325325 update the offender's record in the National Instant 39
326326 Criminal Background Check System (NICS). Upon receiving a 40
327327 record under this subsection, the Missou ri state highway 41
328328 patrol shall notify the Federal Bureau of Investigation 42
329329 within twenty-four hours. 43
330330 565.227. 1. A person commits the offense of stalking 1
331331 in the second degree if he or she purposely, through his or 2
332332 her course of conduct, disturbs, or follows with the intent 3
333333 to disturb another person. 4
334334 2. This section shall not apply to activities of 5
335335 federal, state, county, or municipal law enforcement 6
336336 officers conducting investigations of any violation of 7
337337 federal, state, count y, or municipal law. 8
338338 3. Any law enforcement officer may arrest, without a 9
339339 warrant, any person he or she has probable cause to believe 10
340340 has violated the provisions of this section. 11
341341 4. The offense of stalking in the second degree is a 12
342342 class A misdemeanor, unless the defendant has previously 13
343343 been found guilty of a violation of this section or section 14
344344 565.225, or of any offense committed in another jurisdiction 15
345345 which, if committed in this state, would be chargeable or 16
346346 indictable as a violation of any offense listed in this 17
347347 section or section 565.225, or unless the victim is 18
348348 intentionally targeted as a law enforcement officer, as 19
349349 defined in section 556.061, or the victim is targeted 20
350350 because he or she is a relative within the second degree of 21
351351 consanguinity or affinity to a law enforcement officer, in 22
352352 which case stalking in the second degree is a class E felony. 23 SB 91 12
353353 5. Upon a person's conviction for the offense of 24
354354 stalking in the second degree, the court shall forward the 25
355355 record of conviction to the Missouri state highway patrol so 26
356356 that the Missouri state highway patrol can update the 27
357357 offender's record in the National Instant Criminal 28
358358 Background Check System (NICS). Upon receiving a record 29
359359 under this subsection, the Missouri state hig hway patrol 30
360360 shall notify the Federal Bureau of Investigation within 31
361361 twenty-four hours. 32
362362 571.070. 1. A person commits the offense of unlawful 1
363363 possession of a firearm if such person knowingly has any 2
364364 firearm in his or her possession a nd: 3
365365 (1) Such person has been convicted of a felony under 4
366366 the laws of this state, or of a crime under the laws of any 5
367367 state or of the United States which, if committed within 6
368368 this state, would be a felony; [or] 7
369369 (2) Such person is a fugitive f rom justice, is 8
370370 habitually in an intoxicated or drugged condition, or is 9
371371 currently adjudged mentally incompetent ; 10
372372 (3) Such person has been convicted of a misdemeanor 11
373373 offense of domestic violence under the laws of this state, 12
374374 or of a crime under t he laws of any state or of the United 13
375375 States that if committed in this state would be a 14
376376 misdemeanor offense of domestic violence; or 15
377377 (4) Such person is subject to an order of protection 16
378378 granted under sections 455.010 to 455.095 or sections 17
379379 455.500 to 455.538 that was issued after a hearing of which 18
380380 the person had actual notice and at which the person had an 19
381381 opportunity to participate or such person is subject to an 20
382382 equivalent order issued under the laws of another state or 21
383383 the United States. 22 SB 91 13
384384 2. Unlawful possession of a firearm is a class C 23
385385 felony, unless a person has been convicted of a dangerous 24
386386 felony as defined in section 556.061, or the person has a 25
387387 prior conviction for unlawful possession of a firearm in 26
388388 which case it is a class B felony. 27
389389 3. (1) Except as otherwise provided in this 28
390390 subsection, the provisions of subdivision (1) of subsection 29
391391 1 of this section shall not apply to the possession of an 30
392392 antique firearm. 31
393393 (2) The exception under subdivision (1) of this 32
394394 subsection allowing for the possession of an antique firearm 33
395395 shall not apply if the felony described under subdivision 34
396396 (1) of subsection 1 of this section is a felony offense of 35
397397 domestic violence. 36
398398 4. As used in this section, the following terms mean : 37
399399 (1) "Family" or "household member", the same meaning 38
400400 given to the terms in section 455.010; 39
401401 (2) "Felony offense of domestic violence": 40
402402 (a) Domestic assault in the first degree under section 41
403403 565.072; 42
404404 (b) Domestic assault in the s econd degree under 43
405405 section 565.073; 44
406406 (c) Domestic assault in the third degree under section 45
407407 565.074; 46
408408 (d) Stalking in the first degree under section 47
409409 565.225; or 48
410410 (e) Any felony offense committed by a family or 49
411411 household member of the vic tim that involves the use or 50
412412 attempted use of physical force or the threatened use of a 51
413413 deadly weapon; 52
414414 (3) "Misdemeanor offense of domestic violence": 53 SB 91 14
415415 (a) Domestic assault in the fourth degree under 54
416416 section 565.076; 55
417417 (b) Stalking in the second degree under section 56
418418 565.227; or 57
419419 (c) Any misdemeanor offense committed by a family or 58
420420 household member of the victim that involves the use or 59
421421 attempted use of physical force or the threatened use of a 60
422422 deadly weapon. 61
423423