HCS/SCS/SB 363 - This act modifies provisions relating to public safety.MISSOURI CAPITOL POLICE (Sections 8.007, 8.111, 8.170, 8.172, 8.177, 8.178).
This act provides that the Capitol Commission may employ staff and retain contract services as necessary for the performance of the Commission's duties.
The Capitol Police Board is established by this act, and the membership of the Board is set forth in the act. The members of the Board shall select members to serve as chair, vice chair, and secretary on a yearly basis. The Board shall be supervised by the House of Representatives for budgeting and reporting purposes only.
The Board shall provide for public safety at the seat of government, and for the safety and security of certain individuals outside the seat of government. Also, the Board, rather than the Director of the Department of Public Safety shall have the authority to hire capitol police officers.
Also, the Board shall hire a police chief who meets certain requirements detailed in the act, and who shall serve at the pleasure of the Board. The chief shall oversee the administration of the capitol police, and retain contract services they deem necessary. The chief shall have the authority to appoint a security detail for certain individuals identified in the act.
The capitol police, rather than the Director of the Department of Public Safety, shall prosecute, certain offenses that occurred at public buildings or property.
Finally, the Board, rather than the Commission of Administration, shall be able to create and enforce certain traffic and parking regulations on the capitol grounds.
These provisions are similar to HB 982 (2019).
BACKGROUND CHECK (Sections 43.539, 43.540, 43.548).
Currently, certain public and private qualified entities may enroll in the Missouri and Federal RAP Back programs and utilize the background check resources for applicants for employment or volunteer positions. This act removes organizations and entities that may be privately owned and operated that provide care, care placement, or educational services for children, the elderly, or persons with disabilities as patients or residents from the existing background check provisions and creates new provisions that authorize such entities to enroll in the Missouri and Federal RAP Back programs and utilize such background check resources.
Finally, this act authorizes the Department of Social Services and circuit courts to fingerprint applicants for purposes of adoptions, guardians, conservators, advocates and personal representatives over minors, incapacitated, elderly or disabled individuals. These fingerprints will be given to the Missouri Highway Patrol and FBI who will both conduct a background check of the individual fingerprinted. If either background check discovers any criminal history records, then all of those records will be made available to the entity that requested the background check.
These provisions contains an emergency clause.
USE OF AUTOMATED EXTERNAL DEFIBRILLATORS (Section 190.092).
This act modifies the Public Access to Automated External Defibrillator Act. The act states that a person or entity that acquires an automated external defibrillator (AED) shall: comply with regulations regarding the placement of the AED, notify an agent of the local EMS agency of the AED and the AED's location, ensure that the AED is maintained and tested according to the guidelines set forth by the manufacturer, ensure that the AED is tested at least biannually and after each use, and ensure that an inspection is made of all AEDs at least every 90 days.
The act removes provisions that AED users receive training from the American Red Cross or American Heart Association, that any person who uses an AED activates the emergency medical services system as soon as possible and that any person who has an AED for use outside of a health care facility must have a physician review and approve the clinical protocol for use of the AED.
The act removes liability for a criminal penalty for any person who gratuitously and in good faith renders emergency care by use of an AED. The act also removes liability for a criminal penalty for a person who provides AED training, the person who owns the AED, and the person who is responsible for the site where the AED is located.
These provisions are identical to HB 1038 (2019).
CONTROLLED SUBSTANCES (Sections 195.010, 195.017, 195.805, 263.250, 556.061, 565.021, 579.015, 579.020, 579.065 and 579.068).
This act removes medical marijuana from the definition of a "controlled substance" and from Schedule I of the controlled substances. Marijuana grown lawfully for medical use shall not be classified as a "noxious weed" and shall not be required to be destroyed. Trafficking offenses involving marijuana shall not include medical marijuana.
Additionally, this act prohibits the sale of edible marijuana-infused products that are designed, produced, or marketed in a manner to appeal to persons under 18 years of age, including, candies, lollipops, cotton candy, or products in the shape of a human, animal, or fruit. Each increment of an edible marijuana-infused product containing 10 or more milligrams of tetrahydrocannabinols (THC) shall be stamped with a diamond containing the letters "THC" and the number of milligrams of THC in that increment. Any medical marijuana licensed or certified entity regulated by the Department of Health and Senior Services found to have violated this act shall be subject to Department sanctions, including an administrative penalty.
Under this act, if a substance is designated, rescheduled, or deleted as a controlled substance under federal law, the Department of Health and Senior Services shall promulgate emergency rules to implement such change within 30 days of publication of the change in the Federal Register, unless the Department objects to such change. When the Department promulgates emergency rules under this act, the rules may remain in effect until the legislature concludes its next regular session following the imposition of the rules.
Additionally, this act updates the schedules of controlled substances in Missouri to mirror the most recent update to the schedules in 19 CFR 30-1.002.
Under current law, the distribution of heroin is not distinguished from the distribution of most other controlled substances and is a Class C felony. This act provides that the distribution of any substance containing a detectable amount of heroin is a Class B felony.
Additionally, this act provides that the distribution of heroin is a "dangerous felony", as defined by statute. Any offender who has been found guilty of a dangerous felony and is committed to the Department of Corrections shall be required to serve a minimum prison term of eighty-five percent of the sentence imposed by the court or until the offender attains seventy years of age, and has served at least forty percent of the sentence imposed, whichever occurs first.
This act modifies the crime of murder in the second degree by adding language making a person who knowingly and unlawfully manufactures, delivers, or distributes a Schedule I or II controlled substance, excluding marijuana for medical use, and thereafter the controlled substance is the proximate cause of the death of another person who uses or consumes it. It shall not be a defense that the defendant did not directly deliver or distribute the controlled substance to the decedent.
Currently, unlawful possession of a controlled substance, except 35 grams or less of marijuana or any synthetic cannabinoid, is a Class D felony. This act adds an enhanced penalty if the defendant is an emergency care provider, a home health care employee, a hospice employee, an in-home care employee, a personal care assistant, or any other individual providing home health or personal care assistance services to patients. If such defendant knowingly and unlawfully possesses a controlled substance belonging to the patient or another member of the patient's household, the offense shall be a Class C felony.
Finally, this acts adds to the offense of trafficking drugs in the first degree knowingly distributing, delivering, manufacturing, producing, or attempting to do so more than 10 milligrams but less than 50 milligrams of fentanyl or carfentanil, or any derivative thereof, or any combination thereof, or any mixture containing fentanyl or carfentanil, as a Class B felony and a Class A felony when the amount is 50 milligrams or more.
Additionally, this act adds to the offense of trafficking drugs in the second degree knowingly possessing, purchasing, or attempting to do so more than 10 milligrams but less than 50 milligrams of fentanyl or carfentanil, or any derivative thereof, or any combination thereof, or any mixture containing fentanyl or carfentanil, as a Class C felony and a Class B felony when the amount is 50 milligrams or more.
These provisions are similar to HCS/SCS/SB 6 (2019).
REGISTRATION OF SEXUAL OFFENDERS (Sections 589.400, 589.401, 589.414).
This act removes an exemption from registration on the Sexual Offender Registry when a registrant is no longer required to register and his or her name must be removed from the registry under the provisions of this act.
The act also removes sexual misconduct involving a child under if it is a first offense and the punishment is less than one year, from Tier I of the registry. A first offense of sexual misconduct involving a child, whether a misdemeanor or felony, remains on Tier II of the registry. It also changes sexual abuse in the second degree, child molestation in the second degree as it existed prior to January 1, 2017, and sexual conduct with a nursing facility resident or vulnerable person in the first degree on Tier I of the registry from when the punishment is less than a year to if the offense is a misdemeanor. Additionally, the bill adds certain offenses to Tier I and certain offenses to Tier II.
The act also specifies that if an offender subject to lifetime supervision moves to a different state under an interstate compact, the person may stay in the receiving state and the Parole Board must defer to the standards and supervision of the receiving state. If the person ever returns to Missouri for more than 30 consecutive days, the offender will be subject to Missouri's lifetime supervision laws.
These provisions are identical to HB 1151 (2019).
MEMBERS OF THE PEACE OFFICER STANDARDS AND TRAINING COMMISSION (Section 590.120).
Currently, the Peace Officer Standards and Training Commission consists of the following members: three police chiefs, three sheriffs, one representative of a state law enforcement agency, two peace officers each with a rank not exceeding sergeant, one chief executive officer of a certified training academy, and one member of the public. These 11 members are appointed to the Commission by the Governor from a list of qualified candidates provided by the Director of the Department of Public Safety.
This act provides the Governor shall appoint three sitting police chiefs from a list of qualified candidates provided by the Missouri Police Chief's Association board of directors. Additionally, the Governor shall appoint three sitting sheriffs from a list of qualified candidates provided by the Missouri Sheriffs' Association board of directors. Also under this act, one of the peace officers with a rank not exceeding sergeant shall be employed by a municipality, and the other peace officer with a rank not exceeding sergeant shall be employed by a county.
Currently, the Director of the Department of Public Safety appoints a member of the Commission to be the chairperson. Under this act, the Commission appoints a member to be the chairperson by a majority vote of the members. Finally, the Commission shall provide advice and to the Director of the Department of Public Safety.
These provisions are identical to SB 501 (2019).
MISSOURI WATER AND SAFETY ACT (Sections 640.142, 640.144, and 640.145)
This act establishes the Missouri Water Safety and Security Act. By January 1, 2021, each public water system in the state that serves less than 50,000 customers shall create an asset management plan with components as set forth in the act. Public water systems shall make a summary of its asset management plan available upon request. The summary of the asset management plan shall not include any information that could compromise the physical or cyber security of the system.
The act requires public water systems that serve less than 3,200 customers, except those systems without internet-connected control systems, to create a plan that establishes policies and procedures for cyber security risk management, prevention, and mitigation.
The act further requires all public water systems to create valve inspection and hydrant inspection plans. The plans shall contain requirements as set forth in the act.
Public water systems operated by the Department shall be exempt from the provisions of the Missouri Water Safety and Security Act.
Finally, no provisions of the act shall be construed to establish a private civil cause of action against an individual in violation of any of the provisions of the act.
These provisions are similar to SCS/SB 66 (2019).
CHARLIE MERRIWEATHER