SCS/HS/HCS/HBs 1108 & 1181 & HCS/HB 1133- This act modifies provisions relating to public safety.OFFICE OF CHILD ADVOCATE (Section 37.725)
Currently, the identity of a complainant or recipient shall not be disclosed by the Office of Child Advocate unless they or their legal representative consents or a court orders the disclosure. This act requires disclosure of such identities if requested by law enforcement as part of an investigation.
This provision is identical to a provision in the truly agreed to and finally passed CCS/SB 28 (2023), the truly agreed to and finally passed CCS/HCS/SB 186 (2023), and SB 249 (2023) and substantially similar to the truly agreed to and finally passed HCS/SS/SCS/SB 106 (2023) and the truly agreed to and finally passed CCS/HCS/SS/SCS/SBs 45 & 90 (2023).
MISSING CHILDREN (Sections 43.400, 43.401, & 210.795)
This act modifies the definition of a "missing child" in the context of law enforcement searches of missing children to include persons under 18 years of age, foster children regardless of age, emancipated minors, homeless youth, or unaccompanied minors. Any agency, placement provider, including the Children's Division, parent, or guardian, with the care and custody of a child who is missing shall file a missing child complaint with the appropriate law enforcement agency within 2 hours of determining the child to be missing. The law enforcement agency shall immediately submit information on the missing child to the National Center for Missing and Exploited Children (NCMEC). The law enforcement agency shall institute a proper investigation and search for the missing child and maintain contact with the agency or placement provider making the complaint. The missing child's entry shall not be removed from any database or system until the child is found or the case is closed.
In the case of a child in the custody of the state who is determined to be missing, the child's case manager shall maintain information on the report and continue making contact with the child's family, juvenile officer, and guardian ad litem, among others. The case manager shall continue to contact law enforcement, as described in the act, and make quarterly reports to the court as to the child's status and efforts to locate the child. The Division shall not petition the court for a release of jurisdiction for the child or stop searching for the child while the child is missing until the child reaches 21.
The Division shall develop protocols for conducting ongoing searches for children missing from care, as well as implement preventative measures to identify and mitigate risks to children who are at increased risk of running away, disappearing, or experiencing trafficking. The Division shall ensure that each child in the care and custody of the Division has an updated photograph in the child's record.
Any employee or contractor with the Division, service providers contracted by the Division, child welfare agencies, other state agencies, or schools shall, upon becoming aware that an emancipated minor or homeless youth is missing, inform the appropriate law enforcement agency and NCMEC within 24 hours.
These provisions are identical to provisions in the truly agreed to and finally passed CCS/HCS/SB 186 (2023) and substantially similar to SB 646 (2023).
MISSOURI RAP BACK PROGRAM (Section 43.539 & 43.540)
Under current law, an entity participating in the Missouri Rap Back Program may request a person's updated criminal history record if the person has previously had a Missouri and national criminal record review within the previous six years. This act repeals the six year requirement.
This provision is identical to a provision in the truly agreed to and finally passed CCS/HCS/SB 186 (2023), the truly agreed to and finally passed HCS/SB 28 (2023), the truly agreed to and finally passed HCS/SS/SCS/SB 40 (2023), SCS/HCS/HB 301 (2023), HB 81 (2023), and to SB 264 (2023) and HB 392 (2023).
COURT FEES FOR SERVICE OF PROCESS (Sections 57.280 & 488.435)
Currently, sheriffs and persons specially appointed to serve any summons, writ, subpoena, or other order of the court shall receive $10 for each service, which the county treasurer shall make payable to the State Treasurer who shall then deposit into the deputy sheriff salary supplementation fund.
This act provides that the court clerk shall collect $10 as a court cost for service of any summons, writ, subpoena, or other order of the court when any person other than a sheriff is specially appointed to serve in a county that receives funds from the deputy sheriff salary supplementation fund. The State Treasurer shall then deposit the funds into the deputy sheriff salary supplementation fund.
This provision is identical to provisions in the truly agreed to and finally passed CCS/HCS/SB 186 (2023) and substantially similar to SB 776 (2020).
SHERIFFS' RETIREMENT FUND (Sections 57.952, 57.961, 57.967, & 57.991)
Currently, neither the General Assembly nor the governing body of a county shall appropriate funds for deposit in the Sheriffs' Retirement Fund. This act provides that the General Assembly and the governing body of a county may appropriate funds for deposit in the Sheriffs' Retirement Fund. Additionally, the Board of the Sheriffs' Retirement System may accept gifts, donations, grants, and bequests from public or private sources for the Sheriffs' Retirement Fund.
Furthermore, this act provides that each person who is a member of the Sheriffs' Retirement System on or after January 1, 2024, shall be required to contribute five percent of his or her pay. Each county shall make the payroll deductions for member contributions from the same source of funds used for payment of compensation to the members and shall transmit such moneys to the Board for deposit in the Sheriffs' Retirement Fund. The deductions shall not reduce the member's pay for purposes of computing benefits. When paid to the Sheriffs' Retirement System, each of the contributions shall be credited to the member from whose compensation the contributions were deducted. Additionally, the contributions shall be treated as employee contributions for purposes of federal income tax purposes.
Furthermore, this act provides that a former member who is not vested may request a refund of his or her contributions, which shall be paid after 90 days from the later of the date of termination or the date of request. This act also provides that the normal annuity provided to a retired member of the Sheriffs' Retirement System shall not be less than $1,000 per month.
Currently, the benefits provided by the Sheriffs' Retirement System shall in no way affect the eligibility for retirement benefits from the Missouri Local Government Employees' Retirement System ("LAGERS") or any other local government retirement or pension system, or in any way have the effect of reducing retirement benefits in such systems, or reducing compensation or mileage reimbursement of employees. This act provides that such provision shall apply to members of the system prior to December 31, 2023. Any new member employed on or after January 1, 2024, that is a member of another state or local retirement or pension system shall cease membership in any other state or local retirement pension system, except that the member shall be entitled to benefits accrued through December 31, 2023, or the commencement of membership in the Sheriffs' Retirement System, whichever is later.
These provisions are identical to provisions in the truly agreed to and finally passed CCS/SB 20 (2023), the truly agreed to and finally passed CCS/HCS/SB 186 (2023), and the truly agreed to and finally passed HCS/SS/SB 75 (2023) and similar to provisions in HCS/HB 155 (2023), SCS/SB 647 (2023), HCS/HB 934 (2023), SB 1054 (2022), and HB 2681 (2022).
TELECOMMUNICATOR FIRST RESPONDERS (Sections 67.145, 70.631, 170.310, 190.091, 650.320, & 650.340)
This act adds "telecommunicator first responder" to the definition of "first responder" in various provisions of law.
Furthermore, this act provides that political subdivisions may elect to cover telecommunicator first responders as public safety personnel.
These provisions are identical to provisions in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), the truly agreed to and finally passed HCS/SB 28 (2023), and the truly agreed to and finally passed CCS/HCS/SB 186 (2023) and substantially similar to provisions in SCS/SB 46 (2023), HB 1676 (2022), HB 1637 (2022), HCS/HB 2381 (2022), and SCS/HB 2088, et al (2022).
RESIDENCY REQUIREMENTS FOR CITY OF ST. LOUIS LAW ENFORCEMENT OFFICERS (Sections 84.344 & 285.040)
Under current law, law enforcement officers and public safety employees of St. Louis City hired after August 31, 2023, will be subject to a residency requirement.
This act changes those provisions to those hired after August 31, 2028 and adds that any other city employee shall not be subject to a residency requirement.
These provisions are substantially similar to provisions in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), the truly agreed to and finally passed SS/HB 42 (2023), and the truly agreed to and finally passed CCS/HCS/SB 186 (2023).
COMPENSATION FOR PEACE OFFICERS (Sections 84.480 & 84.510)
This act repeals provisions relating to a mandatory salary range and age limitation for the Kansas City chief of police and allows the Board of Police Commissioners to establish a range for the salary by resolution.
Additionally, this act repeals provisions relating to a mandatory salary cap for Kansas City police officers as provided in the act.
This provision is substantially similar to provisions in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and the truly agreed to and finally passed CCS/HCS/SB 186 (2023) and similar to provisions in SS/SCS/HCS/HB 301 (2023) and to the perfected SS/SCS/SBs 119 & 120 (2023).
EMERGENCY TELEPHONE SERVICE CHARGES (Section 190.460)
Under current law, cities and counties which prohibited emergency telephone service charges may adopt such charges and notify the Department of Revenue by November 15, 2019 and the Department shall notify the Missouri 911 Service Board by December 1, 2019.
This act repeals those dates and provides the Department shall notify the board within 60 days of receiving notice.
This provision is identical to a provision in the truly agreed to and finally passed HCS/SS/SB 24 (2023), the truly agreed to and finally passed CCS/HCS/SB 186 (2023) and SS/SCS/HCS/HB 301 (2023).
PEER SUPPORT COUNSELING PROGRAMS (Section 190.1010)
This act creates new provisions relating to communications during peer support counseling programs for certain first responders. With certain exceptions, detailed in the act, a communication made by a first responder or peer support advisor in a peer support counseling session, as well as any oral or written information conveyed in the peer support counseling session, shall be confidential and shall not be disclosed by any person participating in the peer support counseling session or released to any person or entity. Any communication relating to a peer support counseling session made confidential under this act that is made between peer support advisors and the supervisors or staff of a peer support counseling program, or between the supervisor or staff of a peer support counseling program, shall be confidential and shall not be disclosed, except as otherwise provided in the act.
An employer of a first responder that establishes a peer support counseling program shall develop a policy or rule that imposes disciplinary measures against a peer support advisor who violates the confidentiality of the peer support counseling program by sharing information learned in a peer support counseling session with personnel who are not supervisors or staff of the peer support counseling program, unless otherwise exempted under the provisions of this act.
This act provides that no employer may mandate that any employee participate in a peer support counseling program.
This provision is identical to a provision in the truly agreed to and finally passed HCS/SS/SB 24 (2023), the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), the truly agreed to and finally passed CCS/HCS/SB 186 (2023), and to SS/SCS/HCS/HB 301 (2023).
BIRTH, DEATH, AND MARRIAGE RECORDS (Section 193.265)
This act waives any required fees for the issuance or copy of a birth certificate if the request is made by a prosecuting or circuit attorney or the Attorney General.
BACKGROUND CHECKS FOR MARIJUANA FACILITIES (Section 195.817)
Under this act, the Department of Health and Senior Services shall require all employees, contractors, owners, and volunteers of marijuana facilities to submit fingerprints to the Highway Patrol for a state and federal criminal background check. The Highway Patrol shall notify the Department of any criminal history record information or lack thereof discovered on the individual. All such records shall be accessible and available to the Department.
This provision is identical to a provision in the truly agreed to and finally passed CCS/SB 28 (2023), the truly agreed to and finally passed HCS/SS/SCS/SB 40 (2023), the truly agreed to and finally passed CCS/HCS/SB 186 (2023), and SS/SCS/HCS/HB 301 (2023) and similar to SB 464 (2023).
CHILD PLACEMENT (Sections 210.305 & 210.565)
This act modifies current law regarding diligent searches for grandparents or relatives when a child is removed from a home and in need of placement. This act further defines what a diligent search for relatives shall entail and what notice should be provided to any relatives of their rights to become a foster parent for the child. Relatives shall have 30 days to respond to a notice in order to have preferential placement in accordance with current law. All diligent search efforts and placements shall be completed within 6 months of the child entering the custody of the state, unless the court determines otherwise by clear and convincing evidence. There shall be a preference of placement for a child to remain in a supportive foster family placement if the child has remained in that placement for a period of 6 months for a child under 3 years of age and 9 months for a child 3 years of age or older.
Finally, this act modifies preferential placement for relatives by removing the distinction between relatives in the third degree and other relatives and adding foster parents or kinship caregivers with whom a child has resided for 9 months or more in the definition of a relative.
These provisions are identical to provisions in the truly agreed to and finally passed CCS/HCS/SB 186 (2023) and similar to SB 665 (2023).
JURISDICTION OF JUVENILE COURTS (Section 211.031)
Under current law, the juvenile court shall have exclusive original jurisdiction in proceedings involving a juvenile who violated a state law and jurisdiction in those cases may be taken by the court of the circuit in which the child resides or in which the violation is alleged to have occurred.
This act provides that any proceeding involving a child who is alleged to have violated state law shall be brought in the court of the circuit in which the violation occurred, except if a juvenile officer transfers the case or the court grants a motion to transfer the case to the circuit court in which the child resides.
These provisions are identical to provisions in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023, the perfected SS#3/SB 22 (2023), and SCS/SBs 406 & 423 (2023).
CERTIFICATION OF JUVENILES FOR TRIAL AS ADULTS (Section 211.071, 211.600, & 217.345)
Under current law, a child between the ages of 12 and 18 may be certified for trial as an adult for a certain felony offenses. This act changes the ages to between 14 and 18 years old.
Additionally, under current law, a court shall order a hearing to determine whether a child should be certified for trial as an adult for certain offenses. This act adds that a child between 12 and 18 years old shall have a certification hearing for certain offenses. This act also adds dangerous felonies to such offenses.
This act provides that the Office of State Courts Administrator shall collect certain information as provided in the act relating to petitions to certify juveniles as adults.
Finally, this act modifies provisions relating to correctional treatment programs for offenders 18 years of age or younger. Such programs shall include physical separation from offenders younger than 18 years of age and shall include education programs that award high school diplomas or its equivalent.
These provisions are identical to provisions in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and the perfected SS#3/SB 22 (2023) and substantially similar to provisions in SCS/SBs 406 & 423 (2023) and substantially similar to HCS/HB 12 (2020).
HIGHWAY DESIGNATIONS (Section 227.850)
This act provides that the Department of Transportation shall not designate any sign named for any person who has been convicted of the killing of a law enforcement officer.
WORKERS COMPENSATION FOR FIRST RESPONDERS (Section 287.067)
This act establishes post-traumatic stress disorder (PTSD), as described in the Diagnostic and Statistical Manual of Mental Health Disorders, Fifth Edition, (DSM-5) as a compensable occupational disease under workers' compensation when diagnosed in first responders, as defined in by law. A first responder shall not require a physical injury in order to be eligible for benefits, but preexisting PTSD is not compensable. The time for notice of injury or death in cases of compensable PTSD is measured from exposure to one of the qualifying stressors listed in the DSM-5 criteria, or the diagnosis of the disorder, whichever is later. Any claim for compensation for an injury shall be properly noticed to the Division of Workers' Compensation within 52 weeks after the qualifying exposure, or the diagnosis of the disorder, whichever is later.
This provision is identical to a provision in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and the truly agreed to and finally passed CCS/HCS/SB 186 (2023) and substantially similar to a provision in SS/SCS/HCS/HB 301 (2023) and in the perfected SS/SCS/SBs 119 & 120 (2023).
VOLUNTARY CRITICAL ILLNESS BENEFITS POOL (Sections 287.245 & 320.400)
Current law contains a voluntary cancer benefits pool established for the purpose of providing benefits for firefighters who have contracted cancer in connection with employment as a firefighter. This act expands the pool to allow other first responders, specifically emergency medical technician-basic, emergency medical technician-paramedic, and telecommunicators, to have access to benefits through the pool for exposure to a diagnosable trauma stress event, or diagnosable cumulative post traumatic stress injury over the course of a career. The act additionally allows covered individuals to join the pool. Furthermore, any professional organization formed for the purpose, in whole or in part, of representing or providing resources for any covered individual may make contributions to the pool on behalf of any covered individual without the organization itself joining the pool.
A payment may be made from the pool to a covered individual for the actual award, up to ten thousand dollars, for seeking treatment with a licensed psychiatrist or a licensed psychologist and any subsequent courses of treatment recommended by such licensed individuals. If a covered individual returns to the same position of employment after a post traumatic stress injury diagnosis, the covered individual may receive benefits in this section for the continued treatment of such injury or any subsequently covered post traumatic stress injury diagnosis.
Current law allows for the State Fire Marshal to disburse grants to voluntary critical illness pools. This provision expires June 30, 2023. This act repeals the sunset date.
These provisions are identical to provisions in the truly agreed to and finally passed HCS/SS/SB 24 (2023), the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), the truly agreed to and finally passed Ccs/HCS/SB 186 (2023), and SS/SCS/HCS/HB 301 (2023).
ARRESTS FOR TRAFFIC VIOLATIONS (Sections 307.018 & 556.021)
This act provides that no court shall issue a warrant of arrest for a person's failure to respond or pay a fine for a traffic citation issued for an infraction. The court shall issue a notice of failure to respond and schedule a second court appearance. If the driver fails to respond after a third court appearance is scheduled, the court may enter a default judgment. The driver may appear in court after a default judgment to show proof the fine was paid.
This provision is identical to a provision in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023).
EMERGENCY VEHICLES (Section 307.175)
This act clarifies that rescue squads shall include canine search and rescue teams and may operate emergency vehicles while responding to an emergency including calls requiring search and rescue operations.
QUALIFICATIONS OF FIRE PROTECTION EMPLOYEES (Sections 320.210)
Under current law, the state fire marshal appoints an assistant director and other investigators and employees with certain qualifications.
This act repeals the requirements that investigators must:
• Be at least 25 years old and have either a minimum of 5 years experience in fire risk inspection, prevention, or investigation work, or a degree in fire protection engineering;
• Be a taxpaying resident of Missouri for at least three years immediately preceding his or her appointment; and
• Possess ordinary physical strength and pass a physical and mental examination.
Finally, this act provides that a person appointed as an investigator shall be a resident of Missouri at the time of appointment and shall not accept other employment that would pose a conflict of interest while employed as a fire protection inspector or employee.
This provision is identical to a provision in the truly agreed to and finally passed CCS/HCS/SB 186 (2023), SB 206 (2023), SS/SCS/HCS/HB 301 (2023), and SB 970 (2022).
FIRE PROTECTION SALES TAX (Section 321.246)
Current law authorizes certain fire protection districts to impose a sales tax for the purposes of funding the fire protection district. This act adds the Kearney Fire Protection District.
This provision is identical to a provision in the truly agreed to and finally passed CCS/HCS/SB 186 (2023) and substantially similar to a provision in HCS/SS#2/SCS/SB 96 (2023).
ADMISSIBILITY OF EVIDENCE IN CRIMINAL CASES (Sections 491.075 & 492.304)
Under current law, a statement made by a child under 14 years of age may be admissible in criminal proceedings under certain circumstances. This act changes the age to a child under the age of 18 years of age.
Additionally, this act provides that visual or audio recordings of a child under 18 years of age or a vulnerable person relating to certain criminal offenses shall be admissible in criminal proceedings under certain circumstances.
These provisions are identical to the perfected HCS/HB 454 (2023).
JURY DUTY (Section 494.430)
This act provides that a person who is seventy years of age or older, rather than 75 years of age, may request to be excused from jury duty.
MOTION TO VACATE OR SET ASIDE THE JUDGMENT (Section 547.031)
Under current law, a prosecuting attorney may file a motion to vacate or set aside the judgment in the jurisdiction in which the person was convicted. This act changes this provision to the jurisdiction in which charges were filed.
This provision is identical to a provision in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023).
CONVICTION REVIEW UNIT (Section 547.500)
Under this act, the Missouri Office of Prosecution Services may establish a conviction review unit to investigate claims of actual innocence of any defendant, including those who plead guilty.
The Missouri Office of Prosecution Services shall create an application process for defendants as provided in the act. The conviction review unit shall consist of two attorneys hired by the executive director of the Missouri Office of Prosecution Services, an investigator, paralegal, and other administrative staff. The Director shall be an ex officio member of the unit.
Once the review is complete, the conviction review unit shall present its findings either to the prosecuting attorney who prosecuted the case or, if the review was requested by the Attorney General, special prosecutor, or other prosecuting attorney's office, to the office who requested the review. Such prosecuting attorney's office is not required to accept or follow the findings and recommendations of the conviction review unit.
Any document produced by the conviction review unit shall be a closed record until after the finality of all proceedings.
This provision is identical to a provision in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023).
CHANGE OF VENUE FOR CAPITAL CASES FUND (Section 550.125)
This act creates the "Change of Venue for Capital Cases Fund" which shall provide funding to counties from which a case was transferred in order to reimburse the county in which the case was transferred to for any costs associated with the sequestering of jurors. The county from which the case was transferred may apply to the Office of State Courts Administrator for such funds. The costs of reimbursement shall not exceed the then-approved state rates for travel reimbursement for lodging and meals.
Additionally, the Office of State Courts Administrator shall develop an application process and other procedures to determine if a county is eligible for reimbursement. In the event that the amount disbursed is less than the costs of sequestering the jurors, the original county shall reimburse the difference to the county to which the case was transferred. If the Office of State Courts Administrator determines the county is not eligible for reimbursement, the original county shall reimburse the county to which the case was transferred.
Applications for reimbursement shall be submitted to the Office of State Courts Administrator by May 1st of the current fiscal year and disbursement shall be made by June 30th of the current fiscal year. If the total dollar amount of the claims in a given year exceeds the amount of money in the fund, the claims shall be reimbursed on a pro rata basis.
This provision is identical to SB 472 (2023), HB 83 (2023), SB 1019 (2022), and HB 1548 (2022) and substantially similar to SB 620 (2021) and HCS/HB 157 and similar to provisions in HCS/HB 1331 (2020) and to provisions in SS#2/SCS/HB 1450, HB 1296, HCS/HB 1331, & HCS/HB 1898 (2020).
CIVIL DETENTION OF CERTAIN CRIMINAL DEFENDANTS (Sections 552.020 & 632.305)
Currently, a judge may order a pretrial examination of an accused person whom the judge has reasonable cause to believe lacks mental fitness to proceed. The psychiatrist, psychologist, or physician performing the examination shall submit a report with findings, opinions, and recommendations on treatment in suitable hospitals. This act requires the examination report to contain opinions as to the accused's mental fitness to proceed in the reasonably foreseeable future and recommendations as to whether the accused, if found to lack mental fitness to proceed, should be committed to a suitable hospital for treatment or if the treatment can be provided in a county jail or other detention facility approved by the Director of the Department of Mental Health. Additionally, the report shall contain a recommendation as to whether the accused, if found to lack mental fitness to proceed and if not charged with a dangerous felony, murder in the first degree, or rape in the second degree, should be committed to a suitable hospital facility or may be appropriately treated in the community, and whether the accused can comply with bond conditions and treatment conditions.
This provision is identical to the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and the truly agreed to and finally passed HCS/SS/SCS/SB 106 (2023) and substantially similar to a provision in SCS/SB 387 (2023).
Under this act, no notarization requirement shall be required for an application for civil detention for evaluation and treatment or for any affidavits, declarations, or other documents supporting an application. However, such application, affidavits, declarations, or other documents shall be made under penalty of perjury.
This provision is identical to a provision in SCS/SB 387 (2023) and SB 564 (2023).
DWI DIVERSION PROGRAM (Section 557.520)
This act creates a DWI diversion program which allows a prosecuting or circuit attorney to divert the case to a DWI diversion program if the defendant meets the following criteria:
• The defendant has not previously been convicted of an intoxicated-related traffic offense;
• The defendant is not currently enrolled in and has not in the previous 10 years completed another diversion program;
• The defendant does not hold a commercial driver's license;
• The offense did not occur while operating a commercial vehicle; and
• The offense did not result in the injury or death of another person.
The court may continue the diverted case for a period of up to 2 years and order the defendant to comply with terms and conditions of the program as determined by the prosecuting or circuit attorney. Any defendant who has a case continued pursuant to this act shall also have any proceeding relating to the suspension of his or her license continued by the Department of Revenue.
As part of the program requirements, the prosecuting or circuit attorney shall require installation of an ignition interlock device for a period of not less than 1 year and require the defendant to participate in a victim impact panel. The court shall notify the defendant that he or she is required to install an ignition interlock device as well as notify the defendant of any other requirements of the program. Any person required to install an ignition interlock device shall be subject to penalties as provided under current law.
Additionally, the Department of Revenue shall inform the defendant of the requirements of the DWI diversion program and shall keep records of the installation of any ignition interlock devices. Any certified ignition interlock device provider shall inform the Department of any tampering of the device as provided in the act.
Finally, after the completion of the DWI diversion program and if the defendant has complied with all the imposed terms and conditions, the court shall dismiss the criminal case against the defendant, record the dismissal, and transmit the record to the central repository. The Department of Revenue shall also dismiss any proceeding to suspend the defendant's license. If the defendant does not comply with the terms of the program, the prosecuting or circuit attorney may file a motion to terminate the defendant from the diversion program and set the case on the next available criminal docket. For purposes of this act, a criminal case diverted to a DWI diversion program and completed by the defendant shall be counted as one intoxication-related traffic offense.
This provision is identical to SS/SCS/SB 74 (2023).
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 provides that the offense of armed criminal action shall be an unclassified felony. Additionally, this act provides that a person convicted of armed criminal action shall not be eligible for probation, conditional release, or suspended imposition or execution of sentence; however, the person shall be eligible for parole.
These provision are identical to provisions in the truly agreed to and finally passed SS/SCS/SB 189s, et al (2023) and substantially similar to a provision in SCS/SB 502 (2023).
CREDIT FOR TIME SERVED (Section 558.031)
Under current law, a person can receive credit toward a sentence of imprisonment for all jail time served after conviction and before the commencement of the sentence.
This act provides that a person shall receive credit toward a sentence of imprisonment for all jail time served after the offense occurred. The credit shall be based on the certificate of all applicable jail-time credit from the sheriff who delivered the person into confinement in a correctional center. Additionally, the court may award additional credit for time spent in prison after the offense occurred and before the commencement of the sentence when pronouncing the sentence.
This provision is identical to a provision in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), the truly agreed to and finally passed CCS/HCS/SB 186 (2023), and SB 650 (2023).
CULPABLE MENTAL STATE FOR HOMICIDE OFFENSES (Section 565.003)
Under current law, the culpable mental state necessary to prove a homicide offense is found to exist if the only difference between what actually occurred and what was the object of the offender's state of mind is that a different person or people were killed.
This act adds that it shall not be a defense to a homicide charge that the identity of the person the offender intended to kill cannot be established. If the state proves beyond a reasonable doubt that the offender had the requisite mental state toward a specific person or a general class of persons who are not identified or who are not identifiable, such intent shall be transferred to a person who is killed by the offender while such mental state existed.
This provision is identical to a provision in the truly agreed to and finally passed SS/SB 227 (2023) and substantially similar to HB 1989 (2022) and HCS/HB 676 (2021).
CYBER CRIMES TASK FORCE (Section 565.258)
This act creates the "Stop Cyberstalking and Harassment Task Force" with membership as provided in the act. The Task Force shall elect a chairperson and shall hold an initial meeting before October 1, 2023.
The Task Force shall collect feedback from stakeholders, which may include victims, law enforcement, victim advocates, and digital evidence and forensics experts. The Task Force shall make recommendations on what resources and tools are needed to stop cyberstalking and harassment, as provided in the act.
The Task Force shall submit a report to the Governor and General Assembly on or before December 31 of each year and the Task Force shall expire on December 31, 2025, unless the Department of Public Safety determines the Task Force should be extended until December 31, 2027.
This provision is identical to the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and SB 660 (2023) and substantially similar to SB 1215 (2022).
SEXUAL OFFENSES (Sections 566.151 & 567.030)
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 15 to 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 SCS/HB 2697, et al (2022), SCS/HB 2088, et al (2022), HB 1637 (2022), and HB 2590 (2022).
OFFENSE OF ENDANGERING THE WELFARE OF A CHILD (Section 568.045)
This act adds to the offense of endangering the welfare of a child in the first degree that any person who knowingly encourages or aids a child less than 17 to engage in any conduct violating law relating to firearms shall be guilty of a class D felony.
This provision is identical to a provision in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023).
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.
This provision is identical to provisions in the truly agreed to and finally passed CCS/HCS/SB 186 (2023), SS/SCS/HCS/HB 301 (2023), and SCS/SB 831 (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.
Additionally, this act adds that the offense of stealing shall be a class E felony if the property stolen is a letter, post card, or package delivered by common carrier.
This provision is identical to provisions in the truly agreed to and finally passed CCS/HCS/SB 186 (2023), SS/SCS/HCS/HB 301 (2023), and SCS/SB 831 (2022).
FIREARMS IN SCHOOLS (Section 571.030)
This act provides that a person who is a school officer commissioned by the school board does not commit the offense of unlawful use of weapons when he or she brings a firearm into a school or on a school bus.
This provision is identical to a provision in the truly agreed to and finally passed CCS/HCS/SB 186 (2023) and SCS/HCS/HB 301 (2023).
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 a 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.
This provision is identical to a provision in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and substantially similar to SB 343 (2023) and to provisions in SCS/HB 2088, et al (2022), SCS/HB 2697, et al (2022), HB 1637 (2022), HB 1462 (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 the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and to SCS/SB 502 (2023).
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 SB 878 (2023) and to provisions in HB 1637 (2022), HB 1547 (2022), SCS/HB 2088, et al (2022), and SCS/HB 2697, et al (2022) and similar to SB 619 (2021) and HCS/HB 156 (2021).
OFFENSE OF DELIVERY OF A CONTROLLED SUBSTANCE (Sections 579.021 & 579.022)
This act creates the offenses of delivery of a controlled substance causing serious physical injury which shall be a class C felony. This act also creates the offense of delivery of a controlled substance causing death which shall be a class A felony.
These provisions are identical to provisions in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023).
OFFENSE OF DISTRIBUTION OF A DRUG MASKING PRODUCT (Section 579.041)
This act creates the offense of unlawful distribution, delivery, or sale of a drug masking product, which includes synthetic urine or other substances used to defraud an alcohol or drug screening test, if the person distributes, delivers, or sells a drug masking product. This offense shall be a class A misdemeanor.
This act is identical to a provision in the truly agreed to and finally passed CCS/HCS/SB 186 (2023), SS/SCS/HCS/HB 301 (2023), and SB 631 (2023) and substantially similar to HB 468 (2023).
DRUG TRAFFICKING (Sections 579.065 & 579.068)
Under current law, a person commits the offense of drug trafficking in the first or second degree if he or she is distributing or purchasing more than 8 grams or more than 24 grams of a mixture containing a cocaine base.
This act repeals those provisions.
Additionally, this act changes the offense from 20 milligrams or more of fentanyl to 14 or more milligrams.
These provisions are identical to provisions in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and substantially similar to SB 705 (2023).
FENTANYL TESTING (Section 579.088)
Under this act, it shall not be unlawful to manufacture, possess, sell, deliver, or use any device, equipment, or other material for the purpose of analyzing controlled substances for the presence of fentanyl.
This provision is identical to a provision the truly agreed to and finally passed HCS/SS/SB 24 (2023), the truly agreed to and finally passed SS/HB 402 (2023), the truly agreed to and finally passed CCS/HCS/SS/SCS/SBs 45 & 90 (2023), the truly agreed to and finally passed HCS/SS/SCS/SB 70 (2023), the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), the truly agreed to and finally passed CCS/HCS/SB 186 (2023), SS/SCS/HCS/HB 301 (2023), and SB 480 (2023).
SEXUAL OFFENDER REGISTRY (Section 589.401, 589.403, 589.410, & 589.414)
Under current law, certain sexual offenders who are required to register as a sexual offender are not eligible to petition the court to have his or her name removed from the sexual offender registry.
This act provides that the following people are not eligible to file a petition for removal from the sexual offender registry:
• Any tier III offender;
• Any person who is currently a resident of this state who has been convicted of a sexual offense in another state which would require him or her to register in this state or any person who has registered as a sexual offender on the federal sexual offender registry or other state sexual offender registry; or
• Any person who was required to register for a sexual offense against a minor or against an incapacitated person.
Additionally, this act provides that if an offender is currently registered and released from a correctional facility, the official in charge of a correctional facility shall inform the chief law enforcement official of the county where the offender is registered of the offender's release. The chief law enforcement official shall also enter the completed offender form into the Missouri State Highway Patrol's Sex Offender registration system within three days and the Missouri State Highway Patrol shall forward the form to the National Crime Information Center.
Finally, this act changes offenses which are currently tier I and II sexual offenses to tier III offenses as provided in the act.
These provisions are identical to SB 656 (2023).
CHIEF OF POLICE TRAINING (Section 590.033)
This act provides that the POST Commission shall establish a training course for police chiefs that shall be a minimum of 40 hours. All police chiefs appointed after August 28, 2023, shall complete the course within six months of appointment as police chief, unless exempt as provided in the act. Any law enforcement agency who has a police chief who fails to complete the course, shall not receive any POST commission training funding or other state or federal funding until the police chief completes the training course.
This provision is identical to a provision in the truly agreed to and finally passed CCS/HCS/SB 186 (2023), SS/SCS/HCS/HB 301 (2023), and SCS/SB 38 (2023).
PEACE OFFICER BASIC TRAINING (Section 590.040)
Under current law, the POST Commission sets a minimum number of basic training hours for licensure for peace officers no lower than 470 hours and no higher than 600 with certain exceptions as provided in law. This act changes this requirement to be no lower than 600 hours.
This provision is identical to a provision in the truly agreed to and finally passed CCS/HCS/SB 186 (2023), SS/SCS/HCS/HB 301 (2023), and SCS/SB 38 (2023).
DISCIPLINARY PROCEDURES FOR PEACE OFFICERS (Section 590.080)
This act adds additional grounds for when the Director of the Department of Public Safety shall discipline peace officers. This act provides that any peace officer shall be disciplined who:
• Is unable to perform the function of a peace officer with reasonable competency or reasonable safety;
• Has committed any crime or has been convicted in a criminal prosecution under any state laws, any federal laws, or any laws of anther country, regardless if a sentence was imposed;
• Has committed any act that involves moral turpitude or a reckless disregard for the safety of the public;
• Has tested positive for a controlled substance without a valid prescription;
• Is subject to an order suspending or revoking a peace officer license from another state, territory, the federal government, or any peace officer licensing authority; or
• Has committed any act of gross misconduct indicating inability to function as a peace officer.
This provision is identical to a provision in the truly agreed to and finally passed CCS/HCS/SB 186 (2023) and SCS/SB 38 (2023) and substantially similar to a provision in SS/SCS/HCS/HB 301 (2023) and SB 689 (2022) and to provisions in SCS/HB 2088, et al (2022) and HB 2439 (2022).
CRITICAL INCIDENT STRESS MANAGEMENT PROGRAM (Section 590.192)
This act adds firefighters as eligible first responder personnel to receive services from the Critical Incident Stress Management Program of the Department of Public Safety.
This provision is identical to a provision in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), the perfected SS/SCS/SBs 119 & 120 (2023) and to SB 121 (2023).
CIVILIAN REVIEW BOARDS (Section 590.653)
This act provides that civilian review boards established by political subdivisions shall solely be limited to reviewing and recommending disciplinary proceedings of law enforcement officers.
This provision is identical to a provision in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and SCS/HCS/HBs 640 & 729 (2023).
CRIME VICTIMS' COMPENSATION FUND (Section 595.045)
This act adds that a person who pleads guilty to a class E felony shall pay a fee of $46 payable to the Crime Victims' Compensation Fund.
CLOSED RECORDS (Section 610.021)
This act provides that information on security measures, data provided to a tip line, or information in a suspicious activity report provided to certain public entities shall be closed records.
This provision is identical to a provision in the truly agreed to and finally passed CCS/SB 28 (2023) and the truly agreed to and finally passed CCS/HCS/SB 186, et al (2023) and substantially similar to a provision in SCS/HS/HCS/HBs 1108 & 1181 (2023).
EXPUNGEMENT OF CRIMINAL RECORDS (SECTIONS 610.140 & 488.650)
This act modifies provisions relating to the number of crimes a person may apply to have expunged from his or her record. A person may seek to expunge all crimes as part of the same course of criminal conduct or as part of an extended course of criminal conduct, subject to limitations as provided in the act.
Under current law, certain offenses, violations, and infractions are not eligible for expungement. This act adds that any offense that at the time of conviction requires registration as a sex offender is not eligible for expungement. Additionally, this act adds that the offenses, or successor offenses, of sexual conduct with a nursing facility resident in the second degree, use of a child in sexual performance, promoting a sexual performance of a child, or cross burning shall not be eligible for expungement.
This act changes provisions regarding any offense of unlawful use of weapons as not eligible for expungement to any "felony” offense of unlawful use of weapons is not eligible.
This act provides that a person may petition for expungement of crimes committed as part of an extended course of criminal conduct at least 10 years from the date of any sentence imposed under law.
This act repeals the provision that a court can make a determination at the hearing based solely on a victim's testimony and adds that a court may find that the continuing impact of the offense upon the victim rebuts the presumption that expungement is warranted.
This act also changes the time a person can petition to expunge arrest record for an eligible crime from three years after the date of the arrest to 18 months from the date of the arrest.
This act provides that a person shall be fully restored to the status he or she occupied prior to the arrests, pleas, trials, or convictions expunged. Additionally, this act modifies provisions allowing a person to answer "no" to an employer's inquiry about any arrests, charges, or convictions of a crime.
Finally, this act repeals provisions relating to the $250 surcharge to file a petition for expungement.
These provisions are identical to provision in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and substantially similar to SB 687 (2022), SCS/SB 61 (2021), SB 519 (2020), SB 952 (2020).
RESTITUTION FOR WRONGFUL CONVICTIONS (Section 650.058)
Under current law, only individuals who are exonerated based on DNA evidence may receive restitution for a wrongful conviction.
This act provides that any individual who was later determined to be innocent as a result of another evidentiary method may be paid restitution. Such individual may receive an amount of $179 per day for each day of postconviction incarceration for the offense the individual is found to be innocent, up to $65,000 per fiscal year.
Any individual who receives restitution pursuant to this act shall be prohibited from seeking any civil redress from the state or a political subdivision.
Any individual found innocent pursuant to this act shall receive an automatic order of expungement from the court in which he or she pled guilty or was sentenced and may also be awarded other nonmonetary relief, such as counseling and housing assistance.
These provisions are identical to provision in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and SCS/SB 253, et al (2023) and substantially similar to SB 446 (2023), SB 146 (2023), SB 1094 (2022), and HB 2474 (2022) and substantially similar to HB 1569 (2022), HB 2592 (2022), HB 2639 (2022), and HCS/HB 2412 (2022).
PERSONAL DOCUMENTS FOR EXONEREES (Section 1)
This act provides that the Department of Corrections shall develop a policy to provide exonerees with birth certificates, Social Security cards, and state identification prior to release from a correctional center. Additionally, the Department shall provide the same services to an exoneree which other offenders receive upon release from a correctional facility.
This provision is identical to a provision in the truly agreed to and finally passed CCS/HCS/SB 186 (2023) and HCS/HBs 119, et al (2023).
MARY GRACE PRINGLE