SB 189
Modifies provisions relating to criminal laws
Sponsor:
LR Number:
0077S.05T
Last Action:
9/13/2023 - No motion made to override Governor's veto
Journal Page:
S3 / H85
Title:
SS SCS SBs 189, 36 & 37
Effective Date:
Varies
House Handler:

Current Bill Summary

SS/SCS/SBs 189, 36 & 37 - This act modifies provisions regarding public safety.

TELECOMMUNICATOR FIRST RESPONDERS (Sections 67.145, 70.631, 170.310, 190.091, 650.320, 650.330, and 650.340)

This act adds "telecommunicator first responder" to the definition of "first responder" in various provisions of law. Additionally, this act provides that the Department of Health and Senior Services shall offer a vaccination program to certain Missouri State Highway Patrol telecommunicators who may be exposed to infectious diseases.

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 CCS/HCS/SB 186 (2023), the truly agreed to and finally passed HCS/SB 28 (2023), SCS/HS/HCS/HBs 1108 & 1181, et al (2023), and SS/SCS/SBs 119 & 120 (2023) and to SCS/SB 46 (2023) and substantially similar to provisions in HB 1676 (2022), HB 1637 (2022), HCS/HB 2381 (2022), and SCS/HB 2088, et al (2022).

RESIDENCY REQUIREMENTS FOR CITY OF ST. LOUIS POLICE OFFICERS AND PUBLIC SAFETY EMPLOYEES (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 repeals those provisions.

These provisions are identical to provisions in the truly agreed to and finally passed CCS/HCS/SB 186 (2023), the truly agreed to and finally passed SS/HB 42 (2023), and SCS/HS/HCS/HBs 1108 & 1181, et al (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 maximum salary amount by resolution.

Additionally, this act repeals provisions relating to a mandatory salary cap for Kansas City police officers as provided in the act and repeals provisions that not more than 25% of officers of any rank receiving the maximum rate of pay are eligible for additional pay.

These provisions are identical to provisions in 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).

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 CCS/HCS/SB 186 (2023), the truly agreed to and finally passed HCS/SS/SB 24 (2023), and to SS/SCS/HCS/HB 301 (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 perfected SS/SB 22 (2023) and in 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 contain an emergency clause.

These provisions are identical to provisions in the perfected SS/SB 22 (2023) and substantially similar to provisions in SCS/SBs 406 & 423 (2023) and substantially similar to HCS/HB 12 (2020).

ELIGIBILITY FOR PAROLE FOR JUVENILES (Section 217.690)

Under current law, when a person under the age of 18 is sentenced to a term or terms of imprisonment amounting to 15 years or more, that person 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 when such person knowingly causes the death of another person.

These provisions are identical to provisions in the perfected SS#3/SB 22 (2023) and substantially similar to provisions in SB 644 (2022), SCS/HB 2088, et al (2022), SCS/HB 2697, et al (2022), and SS/SCS/SB 850 (2022).

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 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 CCS/HCS/SB 186 (2023), and SS/SCS/HCS/HB 301 (2023).

ARRESTS FOR TRAFFIC VIOLATIONS (Sections 307.018 and 556.021)

This act provides that no court shall issue a warrant of arrest for a person's failure to respond, pay the fine assessed, or appear in court with respect to a traffic violation issued for an infraction. In lieu of the warrant, the court shall issue a notice of failure to respond, pay the fine assessed, or appear, and the court shall schedule a second court date for the person to respond, pay the fine assessed, or appear. If the driver fails to respond to the second notice or the pay the fine, the court may issue a default judgment for the infraction. The driver may appear in court after a default judgment to show proof the fine was paid.

This provision is similar to a provision in HCS/SS/SCS/SB 72 (2023), HCS/SS#3/SB 22 (2023), HB 305 (2023), and HS/HCS/HBs 1108 & 1181 (2023).

JUDICIAL PRIVACY ACT (Sections 476.1300 to 476.1313)

This act establishes the "Judicial Privacy Act", which regulates the use of a judicial officer's personal information.

Upon receiving a written request, a government agency, as defined in the act, shall not publicly post or display a judicial officer's personal information in publicly available content, which includes documents or records that may be obtained by any person or entity, from the internet, upon request to the government agency, or in response to a request pursuant to the Missouri Sunshine Law or the federal Freedom of Information Act. A written request is a written or electronic notice signed by the judicial officer and submitted to the clerk of the Supreme Court of Missouri, or for a federal judicial officer to his or her clerk of the court, for transmittal to the government agency, person, business, or association.

After receiving a written request, the government agency shall remove the judicial officer's personal information from publicly available content within five business days. After removal, the government agency shall not publicly post or display the information and such information shall be exempted from the Missouri Sunshine Law. If a government agency fails to comply, the judicial officer may bring an action for injunctive or declaratory relief. If the court grants injunctive or declaratory relief, the court may award costs and reasonable attorney's fees. These provisions shall not apply to the Missouri State Highway Patrol.

No person, business, or association shall publicly post or display on the internet a judicial officer's personal information if the judicial officer has made a written request. Further, this act provides that no person, business, or association shall solicit, sell, or trade on the internet a judicial officer's personal information for purposes of harassing, intimidating, or influencing a judicial officer in violation of the offense of tampering with a judicial officer or with the intent to pose an imminent and serious threat to the health and safety of the judicial officer or the judicial officer's immediate family.

A person, business, or association shall have five business days to remove the judicial officer's personal information after receiving a written request. Additionally, after receiving a request, the person, business, or association shall continue to ensure that the judicial officer's personal information is not made available on any website controlled by such person, business, or association nor shall make the judicial officer's personal information available through any medium. If a judicial officer's personal information is made public in violation of this act, the judicial officer may bring an injunctive or declaratory action. If the court grants injunctive or declaratory relief, the person, business, or association responsible for the violation shall be required to pay the judicial officer's costs and reasonable attorney's fees.

No government agency, person, business, or association shall violate this act if the judicial officer fails to submit a written request. A written request shall be valid if the judicial officer sends the written request directly to a government agency, person, business, or association or files with the clerk of the Missouri Supreme Court or the clerk's designee in compliance with the Missouri Supreme Court rules. Additionally, this act provides that the clerk of the court where the judicial officer serves may submit a written request on behalf of the judicial officer if the judicial officer gives written consent and the clerk furnishes a copy of that consent with the request.

Each calendar quarter, the clerk of the Supreme Court of Missouri shall provide a list of all state judicial officers who have submitted a request to the appropriate officer for each government agency and the officer shall promptly provide a copy to all agencies under his or her supervision. Receipt of the clerk's written request list shall constitute a written request to the agency for purposes of this act.

A judicial officer's written request shall specify what personal information shall be maintained as private and shall make a reasonable effort to identify specific publicly available content in possession of the government agency. Furthermore, a judicial officer shall disclose the identity of his or her immediate family and indicate that their personal information shall be also be excluded to the extent that it could reasonably reveal the judicial officer's personal information.

A judicial officer's written request is valid until the judicial officer provides written consent to release the personal information or upon death of the judicial officer. Additionally, this act shall not apply to disclosures on lobbyist activities and campaign finance as required by law.

Written requests transmitted to a county recorder of deeds shall only include information specific to eligible documents maintained by that county. Not more than five business days after receiving a written request, the recorder shall shield the eligible documents listed in the written request and shall electronically reply with a list of documents not found in the county's records. In order to shield subsequent eligible documents, the judicial officer shall present a copy of his or her written request to the recorder at the time of recording and the recorder shall ensure that the eligible document is shielded within five business days. Eligible documents shall remain shielded until the recorder receives a court order or notarized affidavit signed by the judicial officer. No recorder shall be liable for any damages under this provision if the recorder made a good faith effort to comply and no recorder shall be liable for the release of eligible documents or data that was released or accessed prior to the document being shielded.

These provisions are identical to provisions in the truly agreed to and finally passed HCS/SCS/SB 103 (2023), CCS/HCS/SS/SCS/SB 72 (2023), SS/SCS/HCS/HB 301 (2023), and in SCS/HCS/HBs 919 & 1081 (2023), and are similar to provisions in SCS/HCS/HBs 994, 52 & 984 (2023) and HB 2037 (2022).

EXCLUSION OF PERSONAL INFORMATION OF MINORS IN COURT DOCUMENTS (Section 509.520)

Currently, Social Security numbers of parties or children subject to an order of custody or support and credit and financial information of any parties are to be excluded from pleadings, attachments, or exhibits filed with the court in any case, as well as judgments issued by the court. This act provides that beginning August 28, 2023, the following information shall be excluded from pleadings, attachments, exhibits, judgments, orders, or other records of the court, but shall be included in a confidential information sheet filed with the court, which shall not be subject to public inspection or availability:

(1) Social security numbers of any party or children;

(2) Credit card numbers, financial institution account numbers, personal identification numbers, or passwords used to secure an account of any party;

(3) Motor vehicle operator license number;

(4) Victim's information, including name, address, and other contact information;

(5) Witness's information, including name, address, and other contact information;

(6) Any other state identification numbers;

(7) The name, address, and date of birth of a minor and, if applicable, any next friend; or

(8) The full date of birth of any party, however, the year of birth shall be made available, except for a minor.

This provision is identical to a provision in the truly agreed to and finally HCS/SCS/SB 103 (2023), CCS/HCS/SS/SCS/SB 72 (2023), and SS/SCS/HCS/HB 301 (2023) and is similar to a provision in SCS/HCS/HBs 994, 52 & 984 (2023) and contains a provision similar to a provision in SCS/HCS/HB 90 (2023), SB 302 (2023), in HCS/SS#2/SB 761 (2022), in HCS/SS#2/SB 823 (2022), SB 872 (2022), and in SCS/HCS/HB 2151 (2022).

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 SS/SCS/HCS/HB 301 (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 SCS/HS/HCS/HBs 1108 & 1181, et al (2023) and HCS/SS#3/SB 22 (2023).

MENTAL HEALTH SERVICES FOR DETAINEES (Section 552.020)

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. If the court finds that the accused can comply with bond and treatment conditions, the court shall order the accused to remain on bond while receiving treatment until the case is disposed of as set out in current law. If the accused does not comply with bond and treatment conditions, the court may order that the accused be taken into law enforcement custody until such time as a Department inpatient bed is available.

This provision is identical to a provision in the truly agreed to and finally passed HCS/SCS/SB 103 (2023) and substantially similar to a provision in SCS/SB 387 (2023).

PERSISTENT 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 offender. This act adds that a "persistent offender" shall also 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/HCS/HB 301 (2023) and SCS/SB 502 (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.

This provision is 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, provided that the court may award credit for time spent in jail after the offense occurred with certain exceptions.

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. This provision shall only apply to offenses for which the offender was sentenced after August 28, 2023. Further, the total amount of credit given shall not exceed the number of days spent in prison, jail, or custody after the offense occurred and before the commencement of the sentence.

This provision is identical to a provision in the truly agreed to and finally passed CCS/HCS/SB 186 (2023) and SS/SCS/HCS/HB 301 (2023) and substantially similar to a provision in HCS/HB 1133 (2023) and SB 650 (2023).

UNLAWFUL POSTING OF CERTAIN INFORMATION (Section 565.240)

Currently, the unlawful posting of certain information of any law enforcement officer, corrections officer, parole officer, judge, commissioner, or prosecuting attorney, or of any immediate family member of such person, that intends to or threatens to cause great bodily harm or death shall be a Class E felony. This act provides that if such unlawful posting of certain information that intends to or threatens to cause great bodily harm or death actually results in bodily harm or death to such person or immediate family member, the offense shall be a Class D felony.

This provision is identical to a provision in the truly agreed to and finally passed HCS/SCS/SB 103 (2023), CCS/HCS/SS/SCS/SB 72 (2023), SS/SCS/HCS/HB 301 (2023), and in SCS/HCS/HBs 994, 52 & 984 (2023).

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 SB 660 (2023).

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 act contains an emergency clause.

This provision is identical to SB 405 (2023) and HB 11 (2020).

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 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 a provision in SCS/SB 502 (2023).

MAX'S LAW (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 SCS/HB 2697, et al (2022), SCS/HB 2088, et al (2022), SS/SCS/SB 850 (2022), and SB 765 (2022).

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 HS/HCS/HBs 1108 & 1181 (2023).

DRUG TRAFFICKING (Sections 579.065 & 579.068)

Additionally, 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.

These provisions are identical to HCS/HB 1133 (2023) and 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 in 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 CCS/HCS/SB 186 (2023), and SS/SCS/HCS/HB 301 (2023) and to SB 480 (2023).

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 SB 121 (2023) and a provision in HCS/SS/SCS/SBs 119 & 120 (2023).

CIVILIAN REVIEW BOARDS (Section 590.653)

This act provides that civilian review boards established by political subdivisions shall solely be limited to reviewing, investigating, making findings and recommending disciplinary action against law enforcement officers.

This provision is similar to a provision in SCS/HCS/HBs 640 & 729 (2023).

RIGHTS OF VICTIMS OF CRIMES (Section 595.209)

Under current law, victims of certain crimes shall be notified by the prosecutor's office and law enforcement of certain filings or status updates in the criminal case of which he or she is a victim.

This act adds that the victim shall be notified by certified mail or by electronic mail.

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/SS/SB 24 (2023), the truly agreed to and finally passed HCS/SCS/SB 103 (2023), and SS/SCS/HB 301 (2023) and to SB 337 (2023).

PUBLIC DEFENDER FUND (Section 600.042)

Under current law, any funds available from government grants, private gifts, donations, bequests, or other sources made to the Office of the Public Defender are deposited in the general revenue fund of the state.

This act creates the "Public Defender - Federal and Other Fund" in the state treasury and provides that funding from any government grants, private gifts, donations, bequests, or other sources shall be deposited into such fund.

These provisions are identical to provisions in SS/SB 245 (2023), SS/SB 265 (2023), SB 1039 (2022), provisions in SCS/HB 2088, et al (2022), and HB 2370 (2022).

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 "felonyā€¯ 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 substantially similar to SB 687 (2022), SCS/SB 61 (2021), SB 519 (2020), SB 952 (2020).

COMPENSATION 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.

This provision is substantially similar to SCS/SBs 253, 146& 446 (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).

MARY GRACE PRINGLE