VIOLENT OFFENDER REGISTRY (Sections 43.650 & 589.437)

This act establishes that the Missouri Highway Patrol shall maintain a registered violent offender database on its web page available to the public. The database shall be kept in the same manner as the registered sexual offender database.

This act provides the following persons shall be known as violent offenders:

• Any person who is on probation or parole for murder in the first or second degree or the equivalent of such offenses if committed outside this state; or

• Any person who was found not guilty by reason of mental disease or defect for first or second degree murder.

The Division of Probation and Parole or the Department of Mental Health shall notify the Missouri State Highway Patrol if a violent offender is placed on probation or parole, is removed from probation or parole, or relocates to this state and would be considered a violent offender under this act.

These provisions are identical to provisions in HB 1637 (2022), HB 1705 (2022), and HB 293 (2021).

HEALTH CARE AND ELDER ABUSE (Sections 191.900, 191.905, 565.184, & 630.155)

This act modifies current law on abuse and neglect of certain vulnerable persons. This act contains provisions that prohibit a person from knowingly neglecting a person receiving health care, which shall be a Class D felony, unless the act involves no physical, sexual, or emotional harm or injury, in which case it shall be a Class A misdemeanor.

This act also modifies the penalty of the existing offense of abuse of an elderly person, a person with a disability, or a vulnerable person from a Class A misdemeanor to a Class D felony.

Finally, this act modifies the existing offense of patient, resident, or client abuse or neglect against a person admitted on a voluntary or involuntary basis to a mental health facility or mental health program from a Class E felony to a Class D felony.

These provisions are identical to provisions in SS/SCS/SB 671 (2022) and substantially similar to provisions in HB 1637 (2022) and HB 2221 (2022).

ELIGIBILITY FOR PAROLE (Section 217.690)

Under current law, a person sentenced to a term or terms of imprisonment amounting to 15 years or more when such person was under the age of 18, is eligible for parole after serving 15 years, unless such person was found guilty of murder in the first degree.

This act adds that such a person will also be ineligible for parole if he or she was found guilty of murder in the second degree.

These provisions are identical to provisions in SS/SCS/SB 850 (2022) and SB 664 (2022).

ONLINE MARKETPLACES (Section 407.1700)

This act provides that an online marketplace shall require any high-volume 3rd party seller on the online marketplace to provide, no later than 10 days after qualifying as a high-volume 3rd party seller, certain information such as bank account information, contact information for the seller, an email address for the seller, and a business tax identification number or taxpayer identification number.

If the seller does not provide such information, the online marketplace shall, after providing the seller with written or electronic notice, suspend any future sales activity of such seller until the seller provides the information.

The provisions of this act shall be enforced solely by the Attorney General and he or she may bring a civil action to enforce compliance and obtain civil penalties.

These provisions are identical to provisions in HCS/HB 2108 (2022).

These provisions shall become effective on February 28, 2023.

WITNESSES IN CASES INVOLVING SEXUAL OFFENSES (Section 491.015)

Under current law, in prosecutions related to sexual offenses a witness's prior sexual conduct or specific instances of prior sexual conducts is inadmissible, except in certain instances.

This act provides that this evidence is inadmissible at any trial, hearing, or court proceeding and not a subject for inquiry during a deposition or during discovery, except in certain instances.

This provision is identical to provisions in HCS/SS/SCS/SBs 775, 751, & 640 (2022) and SS/SCS/SB 850 (2022) and similar to SB 534 (2021).

48-HOUR HOLD WITHOUT A WARRANT (Section 544.170)

Under current law, all persons arrested and confined in any jail, without warrant or other process, for any alleged breach of the peace or other criminal offense, shall be discharged from custody within 24 hours from the time of arrest, unless they are charged with a criminal offense.

This act changes the period of detention on arrest without a warrant to 48 hours if a person is arrested for a criminal offense involving a dangerous felony or deadly weapon.

These provisions are identical to provisions in SS/SCS/SB 850 (2022), SB 766 (2022), SB 130 (2021), and SCS/SB 520 (2020).

BAIL (Section 544.453)

When a judge or judicial officer sets bail or conditions of release in all courts in Missouri for any offense charged, he or she shall consider whether:

• A defendant poses a danger to a victim of crime, the community, any witness to the crime, or to any other person;

• A defendant is a flight risk;

• A defendant has committed a violent misdemeanor offense, sexual offense, or felony offense in this state or any other state in the last 5 years; and

• A defendant has failed to appear in court as a required condition of probation or parole for a violent misdemeanor or felony within the last 3 years.

This act is identical to provisions in HB 1637 (2022) and SB 1093 (2022) and similar to SB 487 (2021).

JURY INSTRUCTIONS (Section 556.046)

This act provides that the court shall not be obligated to charge the jury with respect to an included offense unless there is a rational basis for a verdict acquitting the person of the offense charged and convicting him or her of the included offense.

Additionally, this act provides that a court shall be obligated to instruct the jury with respect to a particular included offense only if the instruction is requested and there is a rational basis in evidence for acquitting the person of the immediately higher included offense and convicting the person of that particular included offense.

This provision is identical to HB 2589 (2022) and similar to a provision in SCS/HB 530 & HCS/HB 292 (2021).

DANGEROUS OFFENDERS (Section 558.016)

Under current law, the court may sentence a person to an extended term of imprisonment if such person is a persistent or dangerous offender. This act modifies the definition of a "dangerous offender" to include a person who has been found guilty of a dangerous felony as defined in law.

This provision is identical to a provision in SS/SCS/SB 850 (2022).

MINIMUM PRISON TERMS FOR ARMED CRIMINAL ACTION (Sections 558.019 & 571.015)

Under current law, certain offenses are excluded from minimum prison terms for offenders who also have prior felony convictions. This act repeals the exclusion of the offense of armed criminal action.

This act also modifies the minimum prison terms for the offense of armed criminal action. For a person convicted of a first offense of armed criminal action, the term of imprisonment shall be no less than 3 years. For a person convicted of a second offense of armed criminal action, the term of imprisonment shall be no less than 5 years. Additionally, this act provides that a person convicted of armed criminal action shall not be eligible for parole, probation, conditional release, or suspended imposition or execution of sentence.

This provision is identical to a provision in SS/SCS/SB 850 (2022).

SEXUAL OFFENSES (Sections 566.010, 566.086, 566.151, 566.155, & 567.030)

This act adds to the definition of "sexual contact" the causing of semen or other ejaculate to come into contact with another person.

Additionally, this act provides that a person commits the offense of sexual contact with a student if he or she has sexual contact with a student and is a coach, director, or other adult with a school-aged team or club and a person found guilty of any tier 3 sexual offense shall not serve as an athletic coach for any sports team with a child less than 18 years old.

These provisions are identical to provisions in HB 1637 (2022) and HB 2590 (2022).

Under current law, a person over 21 years old commits the offense of enticement of a child if he or she persuades any person less than 15 years old to engage in sexual conduct. This act changes the age to less than 17 years old.

Additionally, this act modifies the offense of patronizing prostitution if the person patronized for prostitution is ages 16 or 17 it shall be a Class E felony and if the person is less than 15 years old it shall be a Class B felony.

These provisions are identical to provisions in HB 1637 (2022) and HB 2590 (2022).

SEXUAL OFFENDERS (Sections 566.149, 566.150, & 566.155)

Under current law, certain offenders shall not knowingly be present in certain areas, such as schools, public parks with playgrounds, public swimming pools, and athletic fields primarily used by children. Additionally, under current law, certain offenders can not serve as an athletic coach or trainer for a sport team if a child less than 17 years of age is a member of the team.

This act adds that any person found guilty of the offense of possession of child pornography shall not knowingly be present in such areas and shall not serve as an athletic coach.

These provisions are identical to provisions in SS/SCS/SB 850 (2022), HCS/SS/SCS/SBs 775, 751, & 640 (2022), and HB 1589 (2022).

OFFENSE OF PROPERTY DAMAGE IN THE FIRST DEGREE (Sections 569.010 & 569.100)

This act adds to the offense of property damage in the first degree if such person knowingly damages, modifies, or destroys a teller machine or otherwise makes it inoperable.

This offense is a Class D felony unless committed for the purpose of executing any scheme or artifice to defraud or obtain any property, the value of which exceeds $750 or the damage to the teller machine exceeds $750, in which case it is a Class C felony. It shall be a Class B felony if committed for the purpose of obtaining the personal financial credentials of another person or if the person has committed a second or subsequent offense of damaging a teller machine.

These provisions are identical to provisions in SS/SCS/SB 850 (2022) and SCS/SB 831 (2022) and substantially similar to provisions in HCS/HB 2127 (2022).

OFFENSE OF STEALING (Section 570.010 & 570.030)

This act adds that the offense of stealing shall be a Class C felony if the property stolen is a teller machine or the contents of a teller machine including cash regardless of the value or amount stolen.

These provisions are identical to provisions in SS/SCS/SB 850 (2022) and SCS/SB 831 (2022) and substantially similar to provisions in HCS/HB 2127 (2022).

Additionally, this act provides that a person commits the offense of stealing if he or she appropriates property that is a letter, postal card, package, bag, or other sealed article that was delivered by common carrier or delivery service and not yet received by the addressee or that had been left to be collected for shipment by a common carrier or delivery service.

Such offense shall be a Class E felony.

These provisions are identical to provisions in SS/SCS/SB 850 (2022) and SCS/SB 919 (2022).

OFFENSE OF ORGANIZED RETAIL THEFT (Section 570.036)

This act creates the offense of organized retail theft if he or she, while alone or with any other person, commits a series of thefts of retail merchandise against one or more persons either on the premises of a merchant or through the use of an internet site with the intent to return the merchandise for value or resell the merchandise for value.

The offense of organized retail theft is a Class D felony if the value stolen over 120 days is between $1,500 and $10,000 and a Class C felony if the value is over $10,000.

Finally, a person may be prosecuted in any jurisdiction in this state regardless of whether the defendant was ever physically present in such jurisdiction.

BLAIR'S LAW (Section 571.031)

This act establishes "Blair's Law" which specifies that a person commits the offense of unlawful discharge of a firearm if, with criminal negligence, he or she discharges a firearm within or into the limits of an municipality. Any such person shall be guilty of a Class A misdemeanor for the first offense, a Class E felony for the second offense, and a Class D felony for any third or subsequent offenses. These provisions will not apply if the firearm is discharged under circumstances as provided in the act.

These provisions are identical to provisions in HB 1637 (2022), HB 1462 (2022), HB 1637 (2022), HB 1865 (2022), and HB 1893 (2020).

OFFENSE OF UNLAWFUL POSSESSION OF FIREARMS (Section 571.070)

Under current law, unlawful possession of a firearm is a Class D felony, unless a person has been convicted of a dangerous felony then it is a Class C felony.

This act changes the penalty for the offense to a Class C felony, unless a person has been convicted of a dangerous felony or the person has a prior conviction for unlawful possession of a firearm, then it is a Class B felony.

This provision is identical to provisions in SS/SCS/SB 850 (2022).

LAW ENFORCEMENT ANIMALS (Sections 575.010, 575.353, 578.007, & 578.022)

This act creates "Max's Law."

Under current law, the offense of assault on a law enforcement animal is a Class C misdemeanor.

This act provides that the offense of assault on a law enforcement animal is a Class A misdemeanor, if the law enforcement animal is not injured to the point of requiring veterinary care or treatment; a Class E felony if the law enforcement animal is seriously injured to the point of requiring veterinary care or treatment; and a Class D felony if the assault results in the death of such animal.

Additionally, exemptions to the offenses of agroterrorism, animal neglect, and animal abuse shall not apply to the killing or injuring of a law enforcement animal while working.

Finally, this act adds that any dog that is owned by or in the service of a law enforcement agency and that bites or injures another animal or human is exempt from the penalties of the offense of animal abuse.

These provisions are identical to provisions in SS/SCS/SB 850 (2022) and SB 765 (2022).

POSTING PERSONAL INFORMATION OF CERTAIN OFFICIALS (Section 575.095)

This act modifies the offense of tampering with a judicial officer if, with the purpose to harass, such person disseminates through any means, including by posting on the internet, the personal information of the judicial officer or the judicial officer's family. This act also adds that a "judicial officer" shall include a commissioner of a state or federal court. If a violation of this offense results in death or bodily injury to the judicial officer or a member of his or her family, the offense shall be a Class B felony.

These provisions are identical to provisions in HB 1637 (2022) and HCS/HB 1656 (2022).

OFFENSE OF ESCAPE FROM CUSTODY (Section 575.200)

This act adds to the offense of escape from custody any person who is being held in custody after arrest for any probation or parole violation who escapes or attempts to escape from custody. This offense shall be a Class A misdemeanor unless the person was under arrest for a felony, in which case it is a Class E felony; or the offense is committed by means of a deadly weapon or holding a person hostage, in which case it is a Class A felony.

These provisions are identical to provisions in SS/SCS/SB 850 (2022) to SCS/SB 799 (2022).

TAMPERING WITH ELECTRONIC MONITORING EQUIPMENT (Section 575.205)

This act modifies the offense of tampering with electronic monitoring equipment to provide that a person commits the offense if he or she intentionally removes, alters, tampers with, damages, destroys, fails to charge, or otherwise disables electronic monitoring equipment which a court or the Parole Board has required such person to wear.

The offense of tampering with electronic monitoring equipment if the person fails to charge or otherwise disables the electronic monitoring equipment is a Class E felony, unless the offense for which the person was placed on electronic monitoring was a misdemeanor, in which case it is a Class A misdemeanor.

This act is identical to provisions in HB 1637 (2022) and SB 878 (2022) and similar to SB 619 (2021) and HCS/HB 156 (2021).

SEXUAL ASSAULT SURVIVORS BILL OF RIGHTS (Section 595.201)

Under current law, sexual assault survivors have rights relating to how a criminal investigation regarding a sexual assault must be conducted.

This act provides that sexual assault survivors retain these rights regardless of whether a criminal investigation or prosecution results or regardless if he or she has previously waived any of these rights. A sexual assault survivor, for purposes of this act, is any person who is fourteen years of age or older and who may be a victim of a sexual offense who presents themselves to an appropriate medical provider, law enforcement officer, prosecuting attorney, or court. Under this act, a sexual assault survivor has the right to:

• Consult with an employee or volunteer of a rape crisis center;

• A sexual assault forensic examination;

• A shower and change of clothing;

• Request to be examined by an appropriate medical provider or interviewed by a law enforcement officer of the gender of the survivor's choosing, when available;

• An interpreter who can communicate in the language of the sexual assault survivor's choice, as reasonably available;

• Notification and basic overview of the options of choosing a reported evidentiary collection kit, unreported evidentiary collection kit, and anonymous evidentiary collection kit;

• Notification about the evidence tracking system;

• Notification about the right to certain information considered a closed record, such as a complete incident report; and

• Be free from intimidation, harassment, and abuse in any related criminal or civil proceeding and the right to reasonable protection from the offender.

Additionally, this act provides that a survivor must be informed of the survivor's rights by a medical provider, law enforcement officer, and a prosecuting attorney in a timely manner. A document shall be developed by the Department of Public Safety, in collaboration with certain Missouri-based stakeholders, which shall be provided to a sexual assault survivor explaining the survivor's rights. The document shall include:

• A description of the rights of the sexual assault survivor pursuant to this act; and

• Telephone and internet means for contacting a local rape crisis center.

This act repeals duplicate rights found in other provisions of current law. Additionally, this act repeals the requirement that a law enforcement officer shall upon written request provide a free, complete, and unaltered copy of all law enforcement reports concerning the sexual assault within 14 days to the survivor.

These provisions are identical to provisions in SS/SCS/SB 850 (2022), HCS/SS/SCS/SBs 775, 751, & 640 (2022), and SB 640 (2022).

CLOSED RECORDS OF VICTIMS OF SEXUAL ASSAULT (Section 595.226)

Under current law, certain identifiable information of victims of domestic assault or stalking shall be closed and redacted from public record. This act adds that such identifiable information shall also include, but shall not be limited to, the victim's personal email address, birth date, health status, or any information from a forensic testing report.

This act also repeals provisions relating to when a court may disclose such identifying information of a victim and provides that any person who is requesting identifying information of a victim and who has a legitimate interest in obtaining such information, may petition the court for an in camera inspection of the records. If the court determines the person is entitled to all or any part of such records, the court may order production and disclosure of the records, but only if the court determines that the disclosure to the person or entity would not compromise the welfare or safety of the victim.

These provisions are identical to provisions in SS/SCS/SB 850 (2022) and HCS/SS/SCS/SBs 775, 751, & 640 (2022).

MARY GRACE PRINGLE