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. 91
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR NURRENBERN.
1195S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 455.050, 455.523, 565.076, 565.227, and 571.070, RSMo, and to enact in lieu
thereof five new sections relating to unlawful possession of firearms, with penalty
provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 455.050, 455.523, 565.076, 565.227, 1
and 571.070, RSMo, are repealed and five new sections enacted 2
in lieu thereof, to be known as sections 455.050, 455.523, 3
565.076, 565.227, and 571.070, to read as follows:4
455.050. 1. Any full or ex parte order of protection 1
granted pursuant to sections 455.010 to 455.085 shall be to 2
protect the petitioner from domestic violence, stalking, or 3
sexual assault and may include such terms as the court 4
reasonably deems necessary to ensure the petitioner's 5
safety, including but not limited to: 6
(1) Temporarily enjoining the respondent from 7
committing or threatening to commit domestic violence, 8
molesting, stalking, sexual assault, or disturbing the peace 9
of the petitioner, including violence against a pet; 10
(2) Temporarily enjoining the respondent from entering 11
the premises of the d welling unit of the petitioner when the 12
dwelling unit is: 13
(a) Jointly owned, leased or rented or jointly 14
occupied by both parties; or 15 SB 91 2
(b) Owned, leased, rented or occupied by petitioner 16
individually; or 17
(c) Jointly owned, leased, rente d or occupied by 18
petitioner and a person other than respondent; provided, 19
however, no spouse shall be denied relief pursuant to this 20
section by reason of the absence of a property interest in 21
the dwelling unit; or 22
(d) Jointly occupied by the peti tioner and a person 23
other than respondent; provided that the respondent has no 24
property interest in the dwelling unit; or 25
(3) Temporarily enjoining the respondent from 26
communicating with the petitioner in any manner or through 27
any medium. 28
2. Mutual orders of protection are prohibited unless 29
both parties have properly filed written petitions and 30
proper service has been made in accordance with sections 31
455.010 to 455.085. 32
3. When the court has, after a hearing for any full 33
order of protection, issued an order of protection, it may, 34
in addition: 35
(1) Award custody of any minor child born to or 36
adopted by the parties when the court has jurisdiction over 37
such child and no prior order regarding custody is pending 38
or has been made, and the best interests of the child 39
require such order be issued; 40
(2) Establish a visitation schedule that is in the 41
best interests of the child; 42
(3) Award child support in accordance with supreme 43
court rule 88.01 and chapter 452; 44
(4) Award maintenance to petitioner when petitioner 45
and respondent are lawfully married in accordance with 46
chapter 452; 47 SB 91 3
(5) Order respondent to make or to continue to make 48
rent or mortgage payments on a residence occupied by the 49
petitioner if the respondent is found to have a duty to 50
support the petitioner or other dependent household members; 51
(6) Order the respondent to pay the petitioner's rent 52
at a residence other than the one previously shared by the 53
parties if the respondent is found t o have a duty to support 54
the petitioner and the petitioner requests alternative 55
housing; 56
(7) Order that the petitioner be given temporary 57
possession of specified personal property, such as 58
automobiles, checkbooks, keys, and other personal effects ; 59
(8) Prohibit the respondent from transferring, 60
encumbering, or otherwise disposing of specified property 61
mutually owned or leased by the parties; 62
(9) Order the respondent to participate in a court - 63
approved counseling program designed to he lp batterers stop 64
violent behavior or to participate in a substance abuse 65
treatment program; 66
(10) Order the respondent to pay a reasonable fee for 67
housing and other services that have been provided or that 68
are being provided to the petitioner by a shelter for 69
victims of domestic violence; 70
(11) Order the respondent to pay court costs; 71
(12) Order the respondent to pay the cost of medical 72
treatment and services that have been provided or that are 73
being provided to the petitioner as a r esult of injuries 74
sustained to the petitioner by an act of domestic violence 75
committed by the respondent; 76
(13) Award possession and care of any pet, along with 77
any moneys necessary to cover medical costs that may have 78
resulted from abuse of the p et. 79 SB 91 4
4. If the court issues, after a hearing for any full 80
order of protection, an order of protection, the court shall 81
also: 82
(1) Prohibit the respondent from knowingly possessing 83
or purchasing any firearm while the order is in effect; 84
(2) Inform the respondent of such prohibition in 85
writing and, if the respondent is present, orally; and 86
(3) Forward the order to the Missouri state highway 87
patrol so that the Missouri state highway patrol can update 88
the respondent's record in the N ational Instant Criminal 89
Background Check System (NICS). Upon receiving an order 90
under this subsection, the Missouri state highway patrol 91
shall notify the Federal Bureau of Investigation within 92
twenty-four hours. 93
5. A verified petition seeking o rders for maintenance, 94
support, custody, visitation, payment of rent, payment of 95
monetary compensation, possession of personal property, 96
prohibiting the transfer, encumbrance, or disposal of 97
property, or payment for services of a shelter for victims 98
of domestic violence, shall contain allegations relating to 99
those orders and shall pray for the orders desired. 100
[5.] 6. In making an award of custody, the court shall 101
consider all relevant factors including the presumption that 102
the best interests o f the child will be served by placing 103
the child in the custody and care of the nonabusive parent, 104
unless there is evidence that both parents have engaged in 105
abusive behavior, in which case the court shall not consider 106
this presumption but may appoint a guardian ad litem or a 107
court-appointed special advocate to represent the children 108
in accordance with chapter 452 and shall consider all other 109
factors in accordance with chapter 452. 110 SB 91 5
[6.] 7. The court shall grant to the noncustodial 111
parent rights to visitation with any minor child born to or 112
adopted by the parties, unless the court finds, after 113
hearing, that visitation would endanger the child's physical 114
health, impair the child's emotional development or would 115
otherwise conflict with the best interests of the child, or 116
that no visitation can be arranged which would sufficiently 117
protect the custodial parent from further domestic 118
violence. The court may appoint a guardian ad litem or 119
court-appointed special advocate to represent the minor 120
child in accordance with chapter 452 whenever the custodial 121
parent alleges that visitation with the noncustodial parent 122
will damage the minor child. 123
[7.] 8. The court shall make an order requiring the 124
noncustodial party to pay an amount reasonable and necessary 125
for the support of any child to whom the party owes a duty 126
of support when no prior order of support is outstanding and 127
after all relevant factors have been considered, in 128
accordance with Missouri supreme court rule 88.01 and 129
chapter 452. 130
[8.] 9. The court may grant a maintenance order to a 131
party for a period of time, not to exceed one hundred eighty 132
days. Any maintenance ordered by the court shall be in 133
accordance with chapter 452. 134
[9.] 10. (1) The court may, in order t o ensure that a 135
petitioner can maintain an existing wireless telephone 136
number or numbers, issue an order, after notice and an 137
opportunity to be heard, directing a wireless service 138
provider to transfer the billing responsibility for and 139
rights to the wireless telephone number or numbers to the 140
petitioner, if the petitioner is not the wireless service 141
accountholder. 142 SB 91 6
(2) (a) The order transferring billing responsibility 143
for and rights to the wireless telephone number or numbers 144
to the petitioner shall list the name and billing telephone 145
number of the accountholder, the name and contact 146
information of the person to whom the telephone number or 147
numbers will be transferred, and each telephone number to be 148
transferred to that person. The court shall ensure that the 149
contact information of the petitioner is not provided to the 150
accountholder in proceedings held under this chapter. 151
(b) Upon issuance, a copy of the full order of 152
protection shall be transmitted, either electronically or by 153
certified mail, to the wireless service provider's 154
registered agent listed with the secretary of state, or 155
electronically to the email address provided by the wireless 156
service provider. Such transmittal shall constitute 157
adequate notice for the wireless service provider acting 158
under this section and section 455.523. 159
(c) If the wireless service provider cannot 160
operationally or technically effectuate the order due to 161
certain circumstances, the wireless service provider shall 162
notify the petitioner within three business days. Such 163
circumstances shall include, but not be limited to, the 164
following: 165
a. The accountholder has already terminated the 166
account; 167
b. The differences in network technology prevent the 168
functionality of a device on the network; or 169
c. There are geographic or other limitations on 170
network or service availability. 171
(3) (a) Upon transfer of billing responsibility for 172
and rights to a wireless telephone number or numbers to the 173
petitioner under this subsecti on by a wireless service 174 SB 91 7
provider, the petitioner shall assume all financial 175
responsibility for the transferred wireless telephone number 176
or numbers, monthly service costs, and costs for any mobile 177
device associated with the wireless telephone number o r 178
numbers. 179
(b) This section shall not preclude a wireless service 180
provider from applying any routine and customary 181
requirements for account establishment to the petitioner as 182
part of this transfer of billing responsibility for a 183
wireless telephone number or numbers and any devices 184
attached to that number or numbers including, but not 185
limited to, identification, financial information, and 186
customer preferences. 187
(4) This section shall not affect the ability of the 188
court to apportion the as sets and debts of the parties as 189
provided for in law, or the ability to determine the 190
temporary use, possession, and control of personal property. 191
(5) No cause of action shall lie against any wireless 192
service provider, its officers, employees, or agents, for 193
actions taken in accordance with the terms of a court order 194
issued under this section. 195
(6) As used in this section and section 455.523, a 196
"wireless service provider" means a provider of commercial 197
mobile service under Section 332(d) o f the federal 198
[Telecommunications] Communications Act of [1996] 1934 (47 199
U.S.C. Section [151, et seq.] 332). 200
455.523. 1. Any full order of protection granted 1
under sections 455.500 to 455.538 shall be to protect the 2
victim from domestic violence, including danger to the 3
child's pet, stalking, and sexual assault may include such 4
terms as the court reasonably deems necessary to ensure the 5
petitioner's safety, including but not limited to: 6 SB 91 8
(1) Temporarily enjoining the respond ent from 7
committing domestic violence or sexual assault, threatening 8
to commit domestic violence or sexual assault, stalking, 9
molesting, or disturbing the peace of the victim; 10
(2) Temporarily enjoining the respondent from entering 11
the family home of the victim, except as specifically 12
authorized by the court; 13
(3) Temporarily enjoining the respondent from 14
communicating with the victim in any manner or through any 15
medium, except as specifically authorized by the court. 16
2. If the court issues, after a hearing for any full 17
order of protection, an order of protection, the court shall 18
also: 19
(1) Prohibit the respondent from knowingly possessing 20
or purchasing any firearm while the order is in effect; 21
(2) Inform the respondent o f such prohibition in 22
writing and, if the respondent is present, orally; and 23
(3) Forward the order to the Missouri state highway 24
patrol so that the Missouri state highway patrol can update 25
the respondent's record in the National Instant Criminal 26
Background Check System (NICS). Upon receiving an order 27
under this subsection, the Missouri state highway patrol 28
shall notify the Federal Bureau of Investigation within 29
twenty-four hours. 30
3. When the court has, after hearing for any full 31
order of protection, issued an order of protection, it may, 32
in addition: 33
(1) Award custody of any minor child born to or 34
adopted by the parties when the court has jurisdiction over 35
such child and no prior order regarding custody is pending 36
or has been made, and the best interests of the child 37
require such order be issued; 38 SB 91 9
(2) Award visitation; 39
(3) Award child support in accordance with supreme 40
court rule 88.01 and chapter 452; 41
(4) Award maintenance to petitioner when petitioner 42
and respondent are lawfully married in accordance with 43
chapter 452; 44
(5) Order respondent to make or to continue to make 45
rent or mortgage payments on a residence occupied by the 46
victim if the respondent is found to have a duty to support 47
the victim or other dependent household members; 48
(6) Order the respondent to participate in a court - 49
approved counseling program designed to help stop violent 50
behavior or to treat substance abuse; 51
(7) Order the respondent to pay, to the extent that he 52
or she is able, the costs of his or her treatment, together 53
with the treatment costs incurred by the victim; 54
(8) Order the respondent to pay a reasonable fee for 55
housing and other services that have been provided or that 56
are being provided to the vict im by a shelter for victims of 57
domestic violence; 58
(9) Order a wireless service provider, in accordance 59
with the process, provisions, and requirements set out in 60
subdivisions (1) to (6) of subsection [9] 10 of section 61
455.050, to transfer the bill ing responsibility for and 62
rights to the wireless telephone number or numbers of any 63
minor children in the petitioner's care to the petitioner, 64
if the petitioner is not the wireless service accountholder; 65
(10) Award possession and care of any pet, along with 66
any moneys necessary to cover medical costs that may have 67
resulted from abuse of the pet. 68
565.076. 1. A person commits the offense of domestic 1
assault in the fourth degree if the act involves a domestic 2 SB 91 10
victim, as the term "domestic victim" is defined under 3
section 565.002, and: 4
(1) The person attempts to cause or recklessly causes 5
physical injury, physical pain, or illness to such domestic 6
victim; 7
(2) With criminal negligence the person causes 8
physical injury to such domestic victim by means of a deadly 9
weapon or dangerous instrument; 10
(3) The person purposely places such domestic victim 11
in apprehension of immediate physical injury by any means; 12
(4) The person recklessly engages in conduct wh ich 13
creates a substantial risk of death or serious physical 14
injury to such domestic victim; 15
(5) The person knowingly causes physical contact with 16
such domestic victim knowing he or she will regard the 17
contact as offensive; or 18
(6) The person knowingly attempts to cause or causes 19
the isolation of such domestic victim by unreasonably and 20
substantially restricting or limiting his or her access to 21
other persons, telecommunication devices or transportation 22
for the purpose of isolation. 23
2. The offense of domestic assault in the fourth 24
degree is a class A misdemeanor, unless the person has 25
previously been found guilty of the offense of domestic 26
assault, of any assault offense under this chapter, or of 27
any offense against a domestic vict im committed in violation 28
of any county or municipal ordinance in any state, any state 29
law, any federal law, or any military law which if committed 30
in this state two or more times would be a violation of this 31
section, in which case it is a class E felo ny. The offenses 32
described in this subsection may be against the same 33
domestic victim or against different domestic victims. 34 SB 91 11
3. Upon a person's conviction for the offense of 35
domestic assault in the fourth degree, the court shall 36
forward the record of conviction to the Missouri state 37
highway patrol so that the Missouri state highway patrol can 38
update the offender's record in the National Instant 39
Criminal Background Check System (NICS). Upon receiving a 40
record under this subsection, the Missou ri state highway 41
patrol shall notify the Federal Bureau of Investigation 42
within twenty-four hours. 43
565.227. 1. A person commits the offense of stalking 1
in the second degree if he or she purposely, through his or 2
her course of conduct, disturbs, or follows with the intent 3
to disturb another person. 4
2. This section shall not apply to activities of 5
federal, state, county, or municipal law enforcement 6
officers conducting investigations of any violation of 7
federal, state, count y, or municipal law. 8
3. Any law enforcement officer may arrest, without a 9
warrant, any person he or she has probable cause to believe 10
has violated the provisions of this section. 11
4. The offense of stalking in the second degree is a 12
class A misdemeanor, unless the defendant has previously 13
been found guilty of a violation of this section or section 14
565.225, or of any offense committed in another jurisdiction 15
which, if committed in this state, would be chargeable or 16
indictable as a violation of any offense listed in this 17
section or section 565.225, or unless the victim is 18
intentionally targeted as a law enforcement officer, as 19
defined in section 556.061, or the victim is targeted 20
because he or she is a relative within the second degree of 21
consanguinity or affinity to a law enforcement officer, in 22
which case stalking in the second degree is a class E felony. 23 SB 91 12
5. Upon a person's conviction for the offense of 24
stalking in the second degree, the court shall forward the 25
record of conviction to the Missouri state highway patrol so 26
that the Missouri state highway patrol can update the 27
offender's record in the National Instant Criminal 28
Background Check System (NICS). Upon receiving a record 29
under this subsection, the Missouri state hig hway patrol 30
shall notify the Federal Bureau of Investigation within 31
twenty-four hours. 32
571.070. 1. A person commits the offense of unlawful 1
possession of a firearm if such person knowingly has any 2
firearm in his or her possession a nd: 3
(1) Such person has been convicted of a felony under 4
the laws of this state, or of a crime under the laws of any 5
state or of the United States which, if committed within 6
this state, would be a felony; [or] 7
(2) Such person is a fugitive f rom justice, is 8
habitually in an intoxicated or drugged condition, or is 9
currently adjudged mentally incompetent ; 10
(3) Such person has been convicted of a misdemeanor 11
offense of domestic violence under the laws of this state, 12
or of a crime under t he laws of any state or of the United 13
States that if committed in this state would be a 14
misdemeanor offense of domestic violence; or 15
(4) Such person is subject to an order of protection 16
granted under sections 455.010 to 455.095 or sections 17
455.500 to 455.538 that was issued after a hearing of which 18
the person had actual notice and at which the person had an 19
opportunity to participate or such person is subject to an 20
equivalent order issued under the laws of another state or 21
the United States. 22 SB 91 13
2. Unlawful possession of a firearm is a class C 23
felony, unless a person has been convicted of a dangerous 24
felony as defined in section 556.061, or the person has a 25
prior conviction for unlawful possession of a firearm in 26
which case it is a class B felony. 27
3. (1) Except as otherwise provided in this 28
subsection, the provisions of subdivision (1) of subsection 29
1 of this section shall not apply to the possession of an 30
antique firearm. 31
(2) The exception under subdivision (1) of this 32
subsection allowing for the possession of an antique firearm 33
shall not apply if the felony described under subdivision 34
(1) of subsection 1 of this section is a felony offense of 35
domestic violence. 36
4. As used in this section, the following terms mean : 37
(1) "Family" or "household member", the same meaning 38
given to the terms in section 455.010; 39
(2) "Felony offense of domestic violence": 40
(a) Domestic assault in the first degree under section 41
565.072; 42
(b) Domestic assault in the s econd degree under 43
section 565.073; 44
(c) Domestic assault in the third degree under section 45
565.074; 46
(d) Stalking in the first degree under section 47
565.225; or 48
(e) Any felony offense committed by a family or 49
household member of the vic tim that involves the use or 50
attempted use of physical force or the threatened use of a 51
deadly weapon; 52
(3) "Misdemeanor offense of domestic violence": 53 SB 91 14
(a) Domestic assault in the fourth degree under 54
section 565.076; 55
(b) Stalking in the second degree under section 56
565.227; or 57
(c) Any misdemeanor offense committed by a family or 58
household member of the victim that involves the use or 59
attempted use of physical force or the threatened use of a 60
deadly weapon. 61