SCS HS HCS HB 1677, 1675 & 1676 -- DOMESTIC VIOLENCE

This bill makes various changes to laws regarding domestic
violence.  In its main provisions, the bill:

(1)  Requires the Department of Public Safety to adopt the
Uniform Crime Reporting System established by the Federal Bureau
of Investigation (FBI), to be used by all state, county, and
municipal law enforcement agencies.  Each agency will be
responsible for producing reports that contain information
concerning the number and nature of offenses committed in its
jurisdiction.  From this information, the department is required
to prepare a compilation of statistics available to state
governmental bodies and the FBI upon request (Section 43.505,
RSMo);

(2)  In the domestic violence insurance law:  (a)  adds
definitions for "innocent coinsured," "sole," and "stalking";
and (b)  allows an innocent coinsured victim to collect on an
insurance policy if the innocent coinsured signs a sworn
affidavit as to the cause of loss and pledges to cooperate in
the criminal prosecution of the coinsured offender causing the
loss (Section 375.1312);

(3)  Expands the definition of "family" or "household member" in
the adult abuse law to include a person who is or has been in a
continuing social relationship of a romantic or intimate nature
with the victim (Section 455.010);

(4)  Adds to the purposes for which ex parte or full orders of
protection may be granted, restraining the respondent from
communicating with the petitioner in any manner through any
medium (Sections 455.045, 455.050);

(5)  Adds the medical expenses of domestic violence victims to
the list of expenses courts can order offenders to pay in full
orders of protection (Section 455.050);

(6)  Adds "communications initiated by the respondent" to the
list with regard to which an order of protection can be violated
(Section 455.085);

(7)  Allows counties to assess a $2 surcharge in all civil cases
to fund domestic violence shelters.  Currently, the surcharge is
limited to actions filed under Section 452.305 (divorce).  The
bill also extends the date by which the order or ordinance must
be effective to January 1, 2001 (Section 455.205);

(8)  Establishes a confidentiality privilege for paid or unpaid
workers in a domestic violence shelter covering information
received while acting in his or her capacity as a shelter
worker.  The person providing the information may waive the
privilege in writing (Section 455.220);

(9)  Allows domestic violence shelters to apply to the
Department of Public Safety for renovation and construction
grants on a 75/25 state/local match rate, subject to
appropriation (Section 455.230);

(10)  Subject to appropriation, establishes child assessment
centers in Jefferson County (Sections 210.001, 455.230) and
Pettis County (Section 210.001);

(11)  Creates the Missouri Domestic Violence Commission within
the Department of Public Safety to study solutions to domestic
violence.  The commission and the Department of Social Services
will establish up to 20 domestic violence prevention/inter-
vention/rehabilitation pilot projects throughout the state,
beginning in 2001.  Duties of the projects are specified and the
program is subject to appropriation (Sections 455.300, 455.305);

(12)  Expands the duty of local law enforcement to require a
determination whether any homicide or suicide is related to
domestic violence and to report this information to the Highway
Patrol.  Current law only requires local law enforcement to
determine and report whether homicides involving adult victims
are related to domestic violence (Sections 455.540 through
455.543);

(13)  Requires all full orders of protection to include the
respondent's Social Security number (Section 455.550); and

(14)  Establishes the separate crimes of domestic assault in the
first degree (a class A or B felony, depending upon the
seriousness of the injury (Section 565.072)), domestic assault
in the second degree (a class C felony (Section 565.073)), and
domestic assault in the third degree (a class A misdemeanor,
unless the offender has 3 or more domestic assault convictions,
in which case it is a class D felony (Section 565.074)).
Sentencing upon conviction for domestic assault in the first or
second degree can be enhanced if the defendant is a prior or
persistent domestic violence offender (Section 565.063).

HS HCS HB 1677, 1675 & 1676 -- DOMESTIC VIOLENCE (Riback Wilson,
25)

This substitute makes various changes to laws regarding and
affected by domestic violence.  In its main provisions, the
substitute:

(1)  Requires the Department of Public Safety to adopt the
uniform crime reporting system established by the Federal Bureau
of Investigation (FBI), to be participated in by all state,
county, and municipal law enforcement agencies.  Each agency
will be responsible for producing reports that contain
information concerning the number and nature of offenses
committed in its jurisdiction.  From this information, the
department is required to prepare a compilation of statistics
available to state governmental bodies and the FBI upon request
(Section 43.505, RSMo);

(2)  In the domestic violence insurance law:  (a) adds
definitions for "innocent coinsured," "sole," and "stalking";
and (b) allows an innocent coinsured victim to collect on an
insurance policy if the innocent coinsured signs a sworn
affidavit as to the cause of loss and pledges to cooperate in
the criminal prosecution of the coinsured offender causing the
loss (Section 375.1312);

(3)  Creates a procedure by which minors may seek limited
emancipation from their parents or guardians.  A limited
emancipation will enable the minor to:  (a) consent to medical
care; (b) enter into contracts; (c) sue or be sued; (d) enroll
in high school or college; and (e) establish bank accounts.
Child support obligations automatically terminate upon the
emancipation of a child, and support obligations for any other
children may be recalculated (Sections 454.1200 - 454.1209);

(4)  Expands the definition of "family" or "household member" in
the adult abuse law to include a person who is or has been in a
continuing social relationship of a romantic or intimate nature
with the victim (Section 455.010);

(5)  Adds to the purposes for which ex parte or full orders of
protection may be granted, restraining the respondent from
communicating with the petitioner through any medium (Section
455.045);

(6)  Adds the medical expenses of domestic violence victims to
the list of expenses courts can order offenders to pay in full
orders of protection (Section 455.050);

(7)  Adds "communications" to the list with regard to which an
order of protection can be violated (Section 455.085);

(8)  Under current law, if effective before January 1, 2000, a
county (or city not within a county) order or ordinance may
impose a $5 fee upon the issuance of a marriage license and a $2
surcharge upon a civil case filed in circuit court, with such
funds earmarked for shelters for victims of domestic violence.
The substitute extends the date by which the order or ordinance
must be effective to January 1, 2001 (Section 455.205);

(9)  Establishes a confidentiality privilege for paid or unpaid
workers in a domestic violence shelter covering information
received while acting in his or her capacity as a shelter
worker.  The person providing the information may waive the
privilege in writing (Section 455.220);

(10)  Allows domestic violence shelters to apply to the
Department of Public Safety for renovation and construction
grants on a 75/25 state/local match rate, subject to
appropriation (Section 455.230);

(11)  Establishes a child assessment center in Jefferson County
(Section 455.230);

(12)  Expands the duty of local law enforcement to require a
determination whether any criminal case is related to domestic
violence and to report this information to the Highway Patrol.
Current law only requires local law enforcement to determine
whether homicides involving adult victims are related to
domestic violence and to report this information to the Highway
Patrol  (Sections 455.540 - 455.543);

(13)  Requires all orders of protection to include the
respondent's Social Security number (Section 455.550);

(14)  Makes statements relating to abuse made to another while
under the stress of excitement caused by the abuse admissible in
court (Section 491.073);

(15)  Makes other statements with circumstantial guarantees of
trustworthiness admissible in court under certain prescribed
circumstances (Section 491.073);

(16)  Establishes the separate crimes of domestic assault in the
first degree (a class A or B felony, depending upon the
seriousness of the injury (Sections 565.063 and 565.072));
domestic assault in the second degree (a class C felony (Section
565.073)); and domestic assault in the third degree (a class A
misdemeanor, unless the offender has 3 or more domestic assault
convictions, in which case it is a class B felony (Section
565.074)); and

(17)  Updates the harassment law to include communicating
through any medium to reflect new technologies utilized by
perpetrators, and creates the crime of aggravated harassment, a
class D felony (Section 565.090).

The substitute has penalty provisions.

FISCAL NOTE:  Estimated Cost to General Revenue Fund exceeds
$711,895 in FY 2001, $941,234 in FY 2002, and $988,700 in FY
2003.  Cost to Criminal Records System Fund of $0 in FY 2001,
$373,653 in FY 2002, and $382,994 in FY 2003.

HCS HB 1677, 1675 & 1676 -- DOMESTIC VIOLENCE

SPONSOR:  Dougherty (Riback Wilson, 25)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Children,
Youth and Families by a vote of 15 to 3 with 2 present.

This substitute:

(1)  Requires the Department of Public Safety to adopt the
uniform crime reporting system established by the Federal Bureau
of Investigation (FBI), to be participated in by all state,
county, and municipal law enforcement agencies.  Each agency
will be responsible for producing reports that contain
information concerning the number and nature of offenses
committed in its jurisdiction.  From this information, the
department is required to prepare a compilation of statistics
available to state governmental bodies and the FBI upon request
(Section 43.505, RSMo);

(2)  Mandates that the prosecuting or circuit attorney of each
county impanel a death review panel to investigate all
suspicious deaths.  The substitute establishes the makeup of the
panel to include various legal, law enforcement, and health care
professionals.  A final report for each investigation must be
issued to the departments of Social Services and Health, and the
Department of Health is required to periodically prepare
epidemiological reports based on the panel information (Section
589.450);

(3)  Requires the Department of Social Services:  (a)  to
provide protocols and guidelines for the death review panel;
(b)  to establish a special assistance team, which is to develop
and provide training and assistance in the review and
prosecution of suspicious deaths; (c)  to appoint a State Death
Review Panel, to meet biannually to provide oversight for the
special assistance team; and (d)  to submit an annual report to
the Governor, the Speaker of the House, and the President Pro
Tempore of the Senate that identifies systemic problems relating
to the local death review panels (Sections 589.455, 589.460,
589.465);

(4)  Establishes a confidentiality privilege for paid or unpaid
workers in a domestic violence shelter covering information
received while acting in his or her capacity as a shelter
worker.  The person providing the information may waive the
privilege in writing (Section 455.220);

(5)  Changes the domestic violence insurance law by:  (a)
adding definitions for "innocent coinsured," "sole," and
"stalking"; and (b)  allowing an innocent coinsured victim to
collect on an insurance policy if the innocent coinsured signs a
sworn affidavit as to the cause of loss and pledges to cooperate
in the criminal prosecution of the coinsured offender causing
the loss (Section 375.1312);

(6)  Expands the definition of "family" or "household member" in
the adult abuse law to include adults in past or present dating
relationships or engagements (Section 455.010);

(7)  Adds to the purposes for which ex parte or full orders of
protection may be granted, restraining the respondent from
communicating with the petitioner through any medium (Section
455.045);

(8)  Requires consent orders of protections to include a court
finding of abuse (Section 455.050);

(9)  Adds the medical expenses of domestic violence victims to
the list of expenses courts can order offenders to pay in full
orders of protection (Section 455.050);

(10)  Expands the duty of local law enforcement to require a
determination whether any criminal case is related to domestic
violence and to report this information to the Highway Patrol.
Current law only requires local law enforcement to determine
whether homicides involving adult victims are related to
domestic violence and to report this information to the Highway
Patrol  (Section 455.543);

(11)  Requires all orders of protection to include the
respondent's Social Security number (Section 455.550);

(12)  Makes Federal Rules of Evidence Rule 803, the "excited
utterance" hearsay exception, applicable in court proceedings
involving domestic violence, even when the declarant is
available as a witness (Section 491.073);

(13)  Establishes the separate crimes of domestic assault in the
first degree (a class A or B felony, depending upon the
seriousness of the injury (Section 565.072)), domestic assault
in the second degree (a class C felony (Section 565.073)), and
domestic assault in the third degree (a class A misdemeanor,
unless the offender has three or more domestic assault
convictions, in which case it is a class D felony (Section
565.074)); and

(14)  Updates the harassment law to include communicating
through any medium to reflect new technologies utilized by
perpetrators (Section 565.090).

The bill has penalty provisions.

FISCAL NOTE:  Estimated Cost to General Revenue Fund exceeds
$315,413 in FY 2001, $356,331 in FY 2002, and $360,302 in FY
2003.

PROPONENTS:  Supporters say that mandating Uniform Crime
Reporting will give Missouri better tools to develop effective
public policy by providing accurate crime statistics, and it
will allow Missouri to receive more federal grant funds.
Supporters also say that giving domestic violence shelter
workers a testimonial privilege is essential to the safety of
and service provision to battered women.  Finally, supporters
say that HB 1677 is very beneficial to both victims and the
prosecutors of their batterers.  Many of its provisions will
help increase awareness of the seriousness of the domestic
violence problem in Missouri.

Testifying for the bill were:

HB 1675:  Representatives Riback Wilson (25) and Luetkenhaus;
Highway Patrol; Department of Health; Office of State Courts
Administrator; Office of the Attorney General; and Missouri
Hospital Association.

HB 1676:  Representatives Riback Wilson (25) and Luetkenhaus;
Council on Families in Crisis/Moss House; Missouri Coalition
Against Domestic Violence; Department of Health; and Office of
the Attorney General.

HB 1677:  Representatives Riback Wilson (25) and Luetkenhaus;
Council on Families in Crisis/Moss House; Judge John Garvey;
American Family Insurance; Missouri Coalition Against Domestic
Violence; Jackson County Prosecuting Attorney's Office; Office
of State Courts Administrator; Department of Health; and Office
of the Attorney General.

OPPONENTS:  There was no opposition voiced to the committee.

Julie Jinkens McNitt, Legislative Analyst

HB 1677 -- Domestic Violence

Co-Sponsors:  Riback Wilson (25), Luetkenhaus, Fraser,
McClelland, Kasten, Ostmann, Dougherty, Boucher, Ross, Davis(63)

This bill makes various changes to laws relating to domestic
violence.  In its main provisions, the bill:

(1)  In the domestic violence insurance law, (a)  defines "sole"
as a single act or a pattern of domestic violence which may
include multiple acts; and (b)  allows an innocent coinsured
victim to collect on an insurance policy if the innocent
coinsured demonstrates a willingness to cooperate in the
criminal prosecution of the coinsured offender causing the loss
(Section 375.1312);

(2)  Expands the definition of "family" or "household member" in
the adult abuse law to include adults in past or present dating
relationships or engagements (Section 455.010);

(3)  Adds to the purposes for which ex parte or full orders of
protection may be granted, restraining the respondent from
communicating with the petitioner through any medium (Section
455.045);

(4)  Requires full and ex parte orders of protection to contain
the federal domestic violence offender weapons-ban language
(Section 455.050);

(5)  Requires consent orders of protections to include a court
finding of abuse (Section 455.050);

(6)  Adds the medical expenses of domestic violence victims to
the list of expenses courts can order offenders to pay in full
orders of protection (Section 455.050);

(7)  Expands the duty of local law enforcement to require a
determination whether any criminal case is related to domestic
violence and to report this information to the Highway Patrol
(Section 455.543).  Current law only requires local law
enforcement to determine whether homicides involving adult
victims are related to domestic violence and to report this
information to the Highway Patrol;

(8)  Requires all orders of protection to include the
respondent's Social Security number (Section 455.550);

(9)  Makes Federal Rules of Evidence Rule 803, the "excited
utterance" hearsay exception, applicable in court proceedings
involving domestic violence, even when the declarant is
available as a witness (Section 491.073);

(10)  Establishes the separate crimes of domestic assault in the
first degree (a class A or B felony, depending upon the
seriousness of the injury (Section 565.072)), domestic assault
in the second degree (a class C felony (Section 565.073)), and
domestic assault in the third degree (a class A misdemeanor,
unless the offender has 3 or more domestic assault convictions,
in which case it is a class D felony (Section 565.074));

(11)  Updates the harassment law to include communicating
through any medium to reflect new technologies utilized by
perpetrators (Section 565.090); and

(12)  Enacts state statutes mirroring the federal law
prohibiting the sale of firearms or ammunition to, or transport
or reception of firearms or ammunition in interstate commerce
by, persons subject to orders of protection for, or convicted
of, domestic assault.  This is a class C felony (Section
571.500).