SS#3/SB 1 - This act modifies provisions relating to public safety. ST. LOUIS POLICE RESIDENCY REQUIREMENTS (Section 84.344)
Under current law, commissioned and civilian personnel of the St. Louis City municipal police force must retain a primary residence in the city for a total of seven years and then may maintain a primary residence that is located within a one-hour response time.
This act provides that, commencing August 31, 2020, such personnel shall not be subject to a residency requirement so long as the primary residence is located within a one-hour response time. This provision shall expire on August 31, 2023.
Additionally, this act provides that only commissioned and civilian personnel who are hired after August 31, 2023, shall be required to retain a primary residence in the city for a total of seven years and then may maintain a primary residence that is located within a one-hour response time.
These provisions are similar to SB 558 (2020).
CERTIFICATION OF A JUVENILE (Section 211.071)
This act provides that a court may order a hearing for the certification of a child between the ages of 14 and 18 for an offense which would be considered a felony if committed by an adult; except that a court shall order a hearing for the certification of any child alleged to have committed certain felony offenses, including the felony offense of unlawful use of a weapon and armed criminal action.
Additionally, this act repeals the provision that a child is required to have a certification hearing for the offenses of distribution of drugs or the manufacturing of a controlled substance.
The provisions of this act shall be effective January 1, 2021.
Additionally, this act terminates the duplicate law effective December 31, 2020.
These provisions are similar to SB 824 (2020).
DATA COLLECTION OF PETITIONS FOR JUVENILE CERTIFICATION (Section 211.600)
This act provides the Office of State Courts Administrator shall collect certain information, as provided in the act, related to petitions filed to certify juveniles as adults in certain criminal cases. The information collected shall be made available annually to juvenile officers, judges of the juvenile courts, juvenile court commissioners, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives.
CORRECTIONAL TREATMENT PROGRAMS (Section 217.345)
This act modifies provisions relating to correctional treatment programs for juvenile offenders. This act provides that correctional treatment programs for juvenile offenders shall include physical separation of offenders who are younger than 18 years old and shall include educational programs that award a high school diploma or its equivalent.
ST. LOUIS PUBLIC SAFETY EMPLOYEE RESIDENCY REQUIREMENTS (Section 285.040)
This act provides that St. Louis public safety employees shall not be subject to a residency requirement so long as the primary residence is located within a one-hour response time. Public safety employees hired after August 31, 2023, may be subject to a residency requirement no more restrictive than a requirement to retain a primary residence in the city for a total of seven years and then may maintain a primary residence that is located within a one-hour response time.
These provisions are similar to SB 523 (2020) and HB 1604 (2020).
HEARSAY EVIDENCE (SECTION 491.016)
This act provides that a statement made by a witness, which would otherwise not be admissible, is admissible as substantive evidence when the court finds that a defendant engaged in wrongdoing with the purpose of preventing the witness from testifying in any proceeding and the witness fails to appear.
These provisions are identical to HCS/HB 1964 (2020).
PRETRIAL WITNESS PROTECTION SERVICES FUND (Section 491.641)
This act creates the "Pretrial Witness Protection Services Fund". Under this act, the Department of Public Safety may disburse money from the Pretrial Witness Protection Services Fund to law enforcement agencies for the purposes of providing for the security of witnesses, potential witnesses, and their immediate families in criminal proceedings or investigations. Funds shall be subject to appropriations from the General Assembly.
A law enforcement agency must submit an application to the Department of Public Safety which shall include, but is not limited to, the following information:
• A statement of conditions which qualify persons for protection;
• Precise methods the agency will use to provide protection;
• A statement of projected costs over a specified period of time; and
• If the requesting agency expects the person to provide evidence in any court of competent jurisdiction.
The application submitted to the Department of Public Safety shall be a closed record and not subject to disclosure. Any information contained in the application shall not be disclosed by any entity.
These provisions are substantially similar to HB 2224 (2020).
OFFENSE OF ENDANGERING THE WELFARE OF A CHILD (Section 568.045)
This act modifies the offense of endangering the welfare of a child in the first degree to include when a person knowingly encourages, aids, or causes a child less than 17 years of age to engage in any conduct in violation of weapons offenses under the law.
These provisions are identical to SS/SCS/SB 538, 562, & 601 (2020) and substantially similar to HB 2306 (2020).
OFFENSE OF UNLAWFUL TRANSFER OF WEAPONS (Section 571.060)
Under current law, the offense of knowingly selling, leasing, loaning, giving away, or delivering a firearm or blackjack to any child under 18 years old is a Class A misdemeanor.
This act changes the penalty for a person who knowingly sells or delivers any firearm to a child less than 18 years without the consent of the child's parent or guardian from a Class A misdemeanor to a Class E felony.
This act contains an emergency clause.
MARY GRACE BRUNTRAGER