HCS/SB 690 - This act modifies provisions relating to public safety. HIGHWAY PATROL SURPLUS WATERCRAFT (43.260)
This act allows the Missouri State Highway Patrol to sell surplus watercraft and watercraft motors and trailers in the same manner that the Highway Patrol may currently sell surplus highway patrol vehicles.
Proceeds from the sales will be directed to the "Highway Patrol's Motor Vehicle, Aircraft, and Watercraft Revolving Fund", which is administered by the superintendent of the Highway Patrol. Proceeds from the fund are used to purchase Highway Patrol motor vehicles, and may be used under this act to also purchase watercraft, and watercraft motors and trailers.
This provision is identical to HCS/SS/SCS/SB 755 (2012), the truly agreed to and finally passed HB 1424 (2012) and SB 353 (2011).
AMBER ALERT SYSTEM (210.1014)
This act requires the "Amber Alert System Oversight Committee" to adopt the criteria and procedures for police safety alerts for when another police officer is injured and the perpetrator has fled the scene.
This provision is identical to HB 1468 (2012), HCS/HB 1515 (2012), HCS/SS/SCS/SB 755 (2012), and HCS/HB 1900 (2012).
EMERGENCY INFORMATION DATABASE (302.790)
This act allows the Department of Revenue to create an emergency information database for holders of instruction permits, driver's licenses, and non-driver's licenses. The database is voluntary and would provide information on allergies and emergency contact information to law enforcement agencies and emergency personnel.
This provision is contained in HCS/SS/SCS/SB 755 (2012) and is identical to HB 1957 (2012). It has an effective date of the earlier of July 1, 2013, or when the Department of Revenue begins accepting emergency information.
FAIR FARE PASSENGER SAFETY ACT (304.823)
This act makes it an infraction and a moving violation for a person who is receiving payment for transporting passengers in a motor vehicle to use a hand-held electronic device to send, read, or write messages or make a phone call while driving with passengers.
Certain types of drivers, types of messages and calls, and the use of a hands-free device, GPS, a two-way radio, or digital dispatch system is not prohibited under this act.
This provision is contained in HCS/SS/SCS/SB 755 (2012) and HB 1334 (2012).
WATER PATROL PERMITS (306.130)
This act specifies that holders of permits issued by the Water Patrol to host an event may not knowingly violate the permit's terms.
This provision is identical to HB 1423 (2012) and is contained in HCS/HB 1515 (2012) and HCS/SS/SCS/SB 755 (2012).
COMMODITY METALS THEFT (407.293 & 407.294)
This act requires purchasers of a metal containing brass, copper, copper alloy, aluminum, stainless steel, magnesium, or any other metal traded on the commodity markets for 50 cents per pound or more to sign up with a scrap theft alert system. The purchaser must maintain copies of theft alerts from the system for 90 days and must document that the purchaser has educated employees about the alerts.
This act creates the "Commodity Metals Theft Task Force". The chief of the Missouri Highway Patrol, a sheriff appointed by the Missouri Sheriffs' Association, a police chief appointed by the Missouri Association of Chiefs of Police, a construction contractor, a representative and a dealer member of the Institute of Scrap Recycling Industries, Inc., and representatives of the Missouri Municipal League, the County Commissioners Association of Missouri, a public utility, and a railroad company must serve on the task force.
The task force must meet at least once a year to discuss ways to reduce the theft of commodity metals. A member designated by the task force must report each year to the judiciary committees of the House and Senate regarding its findings and recommendations.
The task force must hold its first hearing by July 1, 2013, and expires on July 1, 2017.
These provisions are identical to HB 1392 (2012) and are contained in HCS/SS/SCS/SB 755 (2012).
DOMESTIC VIOLENCE (455.020 to 455.538, 527.290, & 565.074)
This act modifies provisions relating to domestic violence and makes various changes to the domestic violence chapter as follows:
(1) Provides for the consistent use of the terms "person" rather than "adult" and the use of "domestic violence" rather than "abuse" in the domestic violence chapter as well as in the criminal domestic assault provisions in Sections 565.072 to 565.074;
(2) Gives priority to both ex parte and full orders of protection over other non-emergency actions;
(3) Requires a court to deny the ex parte order and dismiss the petition if the petitioner is not authorized to seek relief and provides that an immediate and present danger of domestic violence to the child on whose behalf the petition is filed constitutes good cause for an ex parte order;
(4) Provides that service on a custodial parent, guardian or guardian ad litem for a juvenile respondent will require the person to bring the respondent to court;
(5) Specifies that a petition for domestic violence relief must meet statutory requirements for a hearing to be held; and
(6) Requires court review for a motion to dismiss an order of protection to take place in camera rather than in open court.
Also, current law provides for an exception to the requirement for public notice of a name change for instances where the person changing his or her name is a victim of domestic violence. This act extends such exception to prohibit publication on CaseNet or through other any system operated by the judiciary that is designed to provide public case information electronically.
These provisions are identical to those contained in HCS/HB 1515 (2012), HCS/SS/SCS/HB 755 (2012), and HB 1822 (2012) and are similar to SB 871 (2012).
DNA PROFILING ANALYSIS (488.5050, 650.055, & 650.100)
Under current law, a surcharge of $30 is assessed in criminal cases in which a defendant is found guilty of a felony, a surcharge of $60 is assessed if the defendant if found guilty of a Class A or B felony or an unclassified felony under Chapter 195, and $15 is assessed if the defendant is found guilty of a misdemeanor. The money goes into the "DNA Profiling Analysis Fund".
The surcharge was set to expire on August, 28, 2013. This act repeals the expiration date.
In addition, this act repeals a provision that redirects the funds to the state's general revenue if such revenue did not increase by two percent or more from the previous fiscal year.
Current law requires people who move to Missouri under an interstate compact or other reciprocal agreement to provide a DNA sample if the offense committed in the other jurisdiction would be considered an offense requiring the collection of a DNA sample under Missouri law. Under this act, a DNA sample is collected from any person found guilty of any felony offense who moves to Missouri pursuant to an interstate compact or similar agreement.
This act requires offenders to provide a DNA sample at the time of registering as a sex offender.
When a prosecutor declines to prosecute someone whose DNA was collected at the time of arrest, the arresting agency is required under current law to notify the crime laboratory within 90 days. The crime lab must expunge the DNA records and sample unless the person is otherwise obligated to submit a sample.
This act specifies that the arresting agency has 60 days upon receiving notification by the prosecuting attorney to contact the crime lab. The crime lab then has 90 days from receiving notice by the arresting agency to determine whether the person arrested has any other offenses or arrests on record that would require the person to submit a DNA sample. If the person does not have any other qualifying arrests or offenses, then the crime lab must destroy the DNA records and sample.
In addition, current law requires the crime lab to expunge DNA records and samples when charges are withdrawn, cases are dismissed, or people are found not guilty within 30 days of receiving notice. This act extends that time period to 90 days.
These provisions are identical to those contained in HCS/HB 1515 (2012), HCS/SS/SCS/SB 755 (2012), HB 1422 (2012) and are similar to the truly agreed to and finally passed SCS/SB 789 (2012).
LAW ENFORCEMENT AUDITS OF FEDERAL SEIZURES (513.653)
Under current law, law enforcement agencies involved in the federal forfeiture system must procure an independent audit of the federal seizures at the end of each fiscal year.
This act requires law enforcement agencies to file a report regarding such seizures each year by January 31 for the previous calendar year with the Department of Public Safety and the State Auditor's Office.
This provision is identical to SS/SCS/HB 1051 (2012), HB 1672 (2012) and is contained in HCS/HB 1515 (2012), HCS/SS/SCS/SB 755 (2012), and the truly agreed to and finally passed CCS/HCS/SB 628 (2012).
ELDER ABUSE (565.182 & 570.145)
Under current law, a person who recklessly and purposely causes serious injury to an elderly person commits the crime of second degree elder abuse. This act makes it so a person who recklessly or purposely causes such injury has committed the crime.
This act adds undue influence to the types of acts that, when committed against an elderly or disabled person, constitute the crime of financial exploitation.
Undue influence is defined under the act to mean influence by a person who has authority over the elderly or disabled person in order to take unfair advantage of the person's vulnerable state of mind, neediness, pain, or agony. It includes improper use of various types of fiduciary authority.
This act makes it an unlawful violation of the financial exploitation statute to fail to remit to a nursing facility in which a Medicaid eligible person resides all money owing the facility resident from any source.
This act allows the Department of Social Services to release records regarding the income or assets of a resident of a facility licensed under Chapter 198 to prosecuting attorneys who are investigating or prosecuting an offense of financial exploitation.
If a person admits to or is found guilty of failing to remit money owed to a facility licensed under Chapter 198, the court can order the offender to make restitution to the facility as a condition of sentence and/or probation. Any order or agreement for restitution must allow the prosecuting attorney to receive ten percent of each payment toward the restitution as reimbursement for the cost of enforcement.
These provisions are identical to HCS/HB 1515 (2012), are contained in HCS/SS/SCS/SB 755 (2012), and are substantially similar to the truly agreed to and finally passed SS/SCS/SB 689 (2012).
HOUSE OF WORSHIP PROTECTION ACT (574.035)
Under this act, a person commits the crime of disturbing a house of worship if such person intentionally and unreasonably disturbs a building used for religious purposes by using profanity, rude or indecent behavior, or making noise. A person commits the crime if they engage in such behavior within the house of worship or so close to the building that the services are disturbed.
A person also commits the crime if he or she intentionally injures, intimidates, or interferes with any person exercising the right to religious freedom or who is seeking access to a house of worship.
A first offense is a Class B misdemeanor, a second is a Class A misdemeanor, and a third or subsequent offense is a Class D felony.
This provision is identical to the truly agreed to and finally passed SS/SCS/SB 755 (2012) and is similar to a provision contained in HCS/HB 1515 (2012) and HB 1532 (2012).
FALSE STATEMENTS (575.045 to 575.080)
This act creates the crime of false identification to a law enforcement officer. A person commits the Class B misdemeanor by representing himself or herself as another person to a on-duty police officer upon a lawful stop, detention, or arrest to evade the court or the police officer.
Noone may be convicted of false identification to a law enforcement officer unless certain evidence is present proving the falsity of the statement that is currently required for other crimes involving false statements.
It is a defense to the crime that the defendant retracted the false representation before the officer, or anyone else, substantially relied on it.
In addition, the crime of making a false declaration is modified so that a person commits the Class B misdemeanor if he or she provides a verbal false statement regarding his or her identity which he or she believes or knows is not true.
Under current law, the crime of making a false report to a law enforcement officer is a Class B misdemeanor.
This act adds the element that the false report be made with an intent to deceive and provides that the offense is a Class D felony when the crime that was falsely reported is a felony.
These provisions are contained in HCS/HB 1515 (2012), HCS/SS/SCS/SB 755 (2012), and HB 1292 (2012).
ILLEGAL PRESCRIPTION DRUG REPORTING (577.170 & 577.172)
This act requires any person involved in the production, sale, distribution, or administration of prescription drugs who has specific information that a pharmacist, physician, surgeon, dentist, podiatrist, psychologist, or nurse is engaged in illegal conduct related to prescription drugs and could kill or seriously injure another person to report to the Food and Drug Administration, the state Board of Pharmacy, or any law enforcement agency.
Knowingly failing to report within a reasonable time is a Class A misdemeanor. Knowingly concealing illegal conduct that results in death or serious physical injury is a Class D felony.
This act requires any person involved in the production, sale, distribution, or administration of prescription drugs who suspects that counterfeit or black market drugs are being distributed must report, or cause a report to be made, to the Food and Drug Administration, the state Board of Pharmacy, or any law enforcement agency.
Failure to report is a Class A misdemeanor.
In addition, any pharmaceutical company employee who attempts to conceal suspected counterfeit, black market, or other drug that could seriously injure or kill another person is guilty of a Class D felony.
These provisions are identical to HB 1699 (2012) and are contained in HCS/SS/SCS/SB 755 (2012).
OPEN RECORDS LAW (610.205)
This act specifies when crime scene photographs and video recordings that depict or describe a deceased person who has been dismembered, decapitated, or mutilated. The custodian of records must give the deceased person's next of kin at least two weeks notice before releasing such records. These provisions do not apply to disclosure of such records to an attorney representing a defendant.
This provision is identical to a provision of HCS/HB 1515 (2012) HCS/SS/SCS/SB 755 (2012), and HB 1127 (2012).
CYBER CRIME INVESTIGATION FUND (650.120)
Under current law, the "Cyber Crime Investigation Fund" is set to expire on September 1, 2012. The associated program administered by the Department of Public Safety will expire on June 5, 2012. This act extends the expiration date of the fund and the program to August 28, 2022.
This provision is identical to a provision of HCS/HB 1515 (2012), HCS/SS/SCS/SB 755 (2012), and HB 1767 (2012) and is similar to HB 1656 (2012) and HB 1750 (2012).
MEGHAN LUECKE