SS/SCS/HCS/HB 301 - This act modifies provisions relating to public safety.FEES TO HIGHWAY PATROL (Section 43.253)
This act provides that a minimum fee of $6 may be charged by the Missouri State Highway Patrol for any request where there are allowable fees of less than $6. Such $6 fee shall be in place of any allowable fee of less than $6.
The Superintendent of the Missouri State Highway Patrol may increase the minimum fee by not more than $1 every other year following August 28, 2024. The minimum fee shall not exceed $10.
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 (2023) and substantially similar to SB 761 (2022), SB 429 (2021), and HB 2083 (2022).
MISSOURI RAP BACK PROGRAM (Sections 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 HCS/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), SCS/HS/HCS/HBs 1108 & 1181, et al (2023), HB 81 (2023), and to SB 264 (2023) and HB 392 (2023).
SPECIAL PROSECUTORS (Section 56.601)
This act provides that the Governor, under certain conditions as provided in the act, may appoint one or more special prosecutors to have concurrent jurisdiction with any prosecuting or circuit attorney of this state. A special prosecutor shall have certain requirements as provided in the act.
A special prosecutor shall have concurrent jurisdiction to initiate and prosecute certain felony offenses which are referred to him or her by the Governor, including murder in the first and second degree, assault in the first and second degree, robbery in the first and second degree, and vehicle hijacking.
Once a special prosecutor commences prosecution for a case referred to him or her by the Governor, a special prosecutor may prosecute any additional violations that were part of the same course of criminal conduct. If the prosecuting or circuit attorney has commenced prosecution prior to the appointment of the special prosecutor, such prosecuting or circuit attorney shall immediately withdraw from the prosecution.
Any special prosecutor appointed by the Governor shall serve for a period of up to five years, unless the Governor appoints the prosecutor for an additional term. The Governor may terminate the appointment at any time and replace such special prosecutor.
Finally, this act provides that money for reimbursement to the special prosecutor shall be provided by the state from the General Revenue fund.
This provision contains an emergency clause.
This provision is similar to SB 575 (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 the perfected HS/HCS/HBs 1108 & 1181 (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, 650.330, 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 SS/SCS/SBs 189, et al (2023), the truly agreed to and finally passed HCS/SB 28 (2023), the truly agreed to and finally passed CCS/HCS/SB 186 (2023), and SCS/HS/HCS/HBs 1108 & 1181, et al (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).
EMERGENCY MEDICAL SERVICES (Sections 67.145, 105.500, 190.100, 190.103, 190.142, 190.147, 192.2405, 208.1032, 285.040, 321.225, 321.620, & 537.037)
This act repeals references to ambulance attendants, drivers, emergency medical technician paramedics, mobile emergency medical technicians, emergency medical technician basic, and EMT intermediate and adds references to paramedics in various statutes relating to emergency medical services.
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/HB 402 (2023), the truly agreed to and finally passed CCS/HCS/SB 186 (2023), and to SB 625 (2023).
ST. LOUIS POLICE FORCE (Sections 84.012, 84.020, 84.030, 84.100, 84.150, 84.160, 84.170, 84.225, 84.325, 105.726, 84.175, 84.240, 84.341, 84.342, 84.343, 84.344, 84.345, 84.346, & 84.347)
This act provides that the city of St. Louis may pass ordinances, including ordinances for preserving order and protecting the public; but no ordinances shall, in any manner, conflict or interfere with the powers or the exercise of the powers of the Board of Police Commissioners. Additionally, the mayor or any city officer shall not impede or hinder the Board of Police Commissioners. The mayor or any city officer shall be liable for a penalty of $1,000 for each and every offense to hinder the Board and shall forever be disqualified from holding or exercising any office of the city.
Beginning August 28, 2023, the Board shall assume control of the municipal police department of St. Louis and no later than September 28, 2023, the Governor shall appoint four commissioners to the Board who shall serve together with the president of the board of aldermen. The municipal police department shall transfer title and ownership of all indebtedness and assets and accept liability as successor-in-interest for contractual obligations of the police department. The Board shall initially employ, without reduction in rank, salary, or benefits, all commissioned and civilian personnel of the municipal police department.
The Board is required to appoint and employ a permanent police force consisting of not less than 1,313 members. The Board may continue to employ as many non-commissioned police civilians as it deems necessary in order to perform the duties imposed on them, which shall include city marshals and park rangers.
The maximum number of officers of the police force in each rank shall be as follows:
• 76 officers at the rank of lieutenant and above;
• 200 officers at the rank of sergeant; and
• 1,037 officers at the rank of patrolman.
The salaries paid as of August 28, 2023, shall not be less than the annual salaries paid to each member before the enactment of this act and annual salaries shall increase by no less than $7,000 by July 1, 2024. No additional compensation shall be given to any officer of the rank of lieutenant or above for overtime, court time, or stand-by court time.
Probationary patrolmen, patrolmen, and sergeants shall receive compensation for all hours of service in excess of the established regular working period, for all authorized overtime, and for employees who complete academic work at an accredited college or university up to a certain amount as provided in the act. Additionally, certain officers may receive up to 10% of their salary in additional compensation for hours worked between 11 p.m. and 7 a.m.
This act provides that until the Board adopts other investigative and disciplinary procedures, the police force shall follow the disciplinary and investigative procedures established by the Police Manual of the St. Louis Metropolitan Police Department which are consistent with law. The Board shall not adopt any disciplinary procedures that do not include the summary hearing Board procedures provided for currently in the Police Manual.
This act provides that reimbursements from the Legal Expense Fund to the Board for liability claims shall be on an equal share basis per claim up to a maximum of one million dollars per fiscal year.
This act repeals all provisions relating to the municipal police force established by the city of St. Louis.
These provisions are identical to HCS/HBs 702, et al (2023) and substantially similar to SB 78 (2023), SB 280 (2023), and SB 1012 (2022).
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.
These provisions are identical 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 substantially similar to the perfected SS/SCS/SBs 119 & 120 (2023).
EMERGENCY MEDICAL DISPATCHERS (Sections 190.100, 650.320, 650.340, & 190.134)
Under current law, emergency medical dispatchers shall complete an emergency medical dispatcher course that meets or exceeds the national curriculum of the U.S. Department of Transportation. This act modifies that training requirement and instead requires emergency medical dispatchers to complete training courses approved by the Missouri 911 Service Board. Additionally, the Service Board shall develop rules and regulations, in collaboration with the State EMS Medical Director's Advisory Committee, relating to the medical aspects of pre-arrival medical instructions.
This act makes several technical changes to the emergency medical dispatcher statutes.
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/HB 402 (2023), the truly agreed to and finally passed CCS/HCS/SB 186 (2023), and to SB 449 (2023) and HB 1143 (2022) and substantially similar to HB 2381 (2022).
EMERGENCY MEDICAL TECHNICIANS (Section 190.142)
Currently, paramedic training programs used as part of an emergency medical technician license shall be accredited by the Commission on Accreditation of Allied Health Education Programs (CAAHEP) or hold a CAAHEP letter of review. This act repeals this accreditation requirement and such programs shall instead be accredited as required by the National Registry of Emergency Medical Technicians.
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 the truly agreed to and finally passed SS/HB 402 (2023) and SB 534 (2023).
SALES TAX FOR EMERGENCY SERVICES (Section 190.327)
Currently, an emergency services board operating in Jefferson County shall not have a sales tax for emergency services or for providing central dispatching for emergency services greater than one-quarter of one percent. This act repeals this provision.
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 to SB 608 (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) and the truly agreed to and finally passed CCS/HCS/SB 186 (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 CCS/HCS/SB 186 (2023), the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), and to SS/SCS/HCS/HB 301 (2023).
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 CCS/HCS/SB 186 (2023), and the truly agreed to and finally passed HCS/SS/SCS/SB 40 (2023) and similar to SB 464 (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 contain an emergency clause.
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 similar to HCS/HB 12 (2020).
JUVENILE RISK AND NEEDS ASSESSMENTS (Section 211.141)
This act provides that when a juvenile officer makes a risk and needs assessment of a child, he or she shall use a cumulative total of points assessed for all alleged offenses committed to determine whether or not the court shall order the child to be detained.
This provision is identical to provisions in SCS/SB 502 (2023).
SUPERVISION OF ADULT OFFENDERS FROM OTHER STATES (Sections 217.035, 217.650, 217.670, 217.710, 217.720, 548.241, 589.564, 589.565, & 217.810)
This act repeals the provisions of the "Interstate Compact for the Supervision of Parolees and Probation" which permits the Governor to enter into an interstate compact with contracting states to allow people convicted of an offense and placed on probation or released on parole to reside in any other state party to the compact.
Under current law, all necessary and proper expenses for the return of a person to Missouri pursuant to the Interstate Compact for the Supervision of Parolees and Probationers shall be paid out of the state treasury.
This act repeals this provision and provides that any person being returned to Missouri pursuant to the Interstate Compact for Adult Offender Supervision shall be paid out of either the "Missouri Interstate Compact Fund" or out of the state treasury.
Under this act, a circuit court for the jurisdiction in which the probationer is under supervision is authorized to add any condition, upon a petition from the state, to a term of probation for an offender supervised in Missouri for a term of probation ordered by another state. However, the court may not reduce, extend, or revoke a term of probation.
Additionally, the Division of Probation and Parole may submit violation reports to the prosecuting attorney or circuit attorney asking the court to add a condition or sanction to a term of supervision. The Division of Probation and Parole does not have the authorization to reduce, extend, or revoke a term of parole.
Under this act, a Missouri probationer or parolee seeking transfer of his or her supervision pursuant to the Interstate Compact for Adult Offender Supervision shall pay a $175 fee for each application, unless waived by the compact commissioner for an undue economic burden on the offender.
This act establishes the "Missouri Interstate Compact Fund" and all fees collected by the commissioners shall be paid to the Fund. The money from the Fund shall be used for the sole benefit of the Department of Corrections to pay the expenses of the Interstate Compact for Adult Offender Supervision.
These provisions are identical to provisions in SCS/HB 196 & HCS/HBs 119, et (2023), SB 384 (2023), and SB 1023 (2022) and to provisions in SCS/HB 2088, et al (2022) and HCS/SS/SCS/SB 834 (2022) and substantially similar to SB 371 (2021) and similar to SB 1018 (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 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 SB 644 (2022), SCS/HB 2088, et al (2022), SCS/HB 2697, et al (2022), and SS/SCS/SB 850 (2022).
PERSONAL DOCUMENTATION OF AN OFFENDER (Section 217.830)
This act provides that the Department of Corrections shall develop a policy outlining how offenders may apply for Medicaid, a birth certificate, Social Security card, and state identification prior to release. The Department shall assist offenders in obtaining these documents prior to release. Additionally, any educational or special training certificate shall be provided to the offender at the time of release.
RESIDENCY REQUIREMENTS FOR CITY OF ST. LOUIS PUBLIC SAFETY EMPLOYEES (Sections 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.
This provision is substantially similar to a provision in the truly agreed to and finally passed CCS/HCS/SB 186 (2023) and the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023).
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), and the truly agreed to and finally passed CCS/HCS/SB 186 (2023).
BACK THE BLUE LICENSE PLATES (Section 301.3175)
This act provides that nonapportioned motor vehicles may be issued "Back the Blue" license plates by the Department of Revenue.
This provision is identical to a provision in the truly agreed to and finally passed CCS/HCS/SB 186 (2023).
OPERATION OF MOTOR VEHICLES WHILE USING ELECTRONIC COMMUNICATION DEVICES (Sections 304.820 and 304.822)
This act repeals the current prohibitions against operation of motor vehicles while using hand-held electronic wireless communications devices, as defined by law, and enacts different prohibitions in lieu thereof.
The act creates the "Siddens Bening Hands Free Law", which prohibits a number of uses of electronic communication devices while operating motor vehicles, as detailed in the act, as well as provides exceptions.
The act specifies penalties for violations of these provisions, including enhanced penalties for repeat offenders, violations occurring in a work zone when workers are present, violations occurring in a school zone, and violations that are the proximate cause of property damage, personal injury, or death.
Law enforcement officers who stop a noncommercial motor vehicle for a violation of these provisions shall inform the operator of the operator's right to decline a search of their device. No warrant shall be issued to confiscate or access an electronic communication device based on a violation of these provisions unless the violation results in serious injury or death.
Violations of these provisions shall not be used to establish probable cause for any other violation, and the provisions of the act shall be subject to racial bias reporting as required by law.
This act preempts local regulation of the use of electronic communication devices by the operators of vehicles.
Prior to January 1, 2025, a law enforcement officer who stops a noncommercial motor vehicle for a violation of these provisions shall not issue a citation for the violation, and shall only issue a warning.
No person shall be stopped, inspected, or detained solely for a violation of these provisions.
These provisions are identical to provision in the truly agreed to and finally passed HCS/SS/SCS/SB 398 (2023) and similar to provisions in SS/SCS/SBs 56 & 61 (2023), HB 441 (2023), HB 989 (2023), SB 972 (2022), SCS/SB 713 (2022), and HB 1487 (2022).
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.
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 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).
QUALIFICATIONS OF FIRE PROTECTION EMPLOYEES (Section 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), SB 970 (2022), HCS/HB 1656 (2022), and HCS/HB 2054 (2022).
COUNTERFEIT LIGHTERS (Section 407.021)
Under this act, it is unlawful to sell or to distribute unsafe or counterfeit lighters, as such terms are defined in the act.
This act does not prohibit interstate transportation of counterfeit or unsafe lighters or storage of counterfeit or unsafe lighters in a warehouse or distribution center which is closed to the public and does not sell or distribute counterfeit or unsafe lighters.
This act is identical to SCS/SB 355(2023) and similar to HB 797 (2021).
COURT AUTOMATION (SECTION 476.055)
Currently, there are twenty-three members of the Court Automation Committee. This act increases the number of members to twenty-five by adding two employees who work full-time in a municipal division of a circuit court.
Additionally, this act repeals the provision that any unexpended balance remaining in the Statewide Court Automation Fund shall be transferred to general revenue on September 1, 2023, and the provision that the court fee collected for the Statewide Court Automation Fund shall expire on September 1, 2023. Finally, this act repeals the provision requiring the Court Automation Committee to complete its duties by September 1, 2025, and repeals the expiration date for the provision establishing the Statewide Court Automation Fund and the Court Automation Committee.
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), SCS/HCS/HB 90 (2023), SS/SCS/HCS/HB 301 (2023), SCS/HCS/HBs 994, 52 & 984 (2023), and is similar to SB 223 (2023), SB 1122 (2022), and HB 2702 (2022).
JUDICIAL PRIVACY ACT (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), the truly agreed to and finally passed SS/SCS/SBs 189, et al (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 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 date of birth of any party, except the year may be made available for any party that is not a minor.
This provision is identical to a provision in the truly agreed to and finally HCS/SCS/SB 103 (2023), the truly agreed to and finally passed SS/SCS/SBs 189, et al (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).
DETENTION ON ARREST 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 SB 118 (2023) and to provisions in SCS/HB 2088, et al (2022), SCS/HB 2697, et al (2022), 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.
These provisions are identical to provisions in the truly agreed to and finally passed CCS/HCS/SB 186 (2023), HCS/HBs 994, 52 & 984 (2023), HB 52 (2023), SB 288 (2023), SB 1093 (2022), SCS/HB 2088, et al (2022), SCS/HB 2697, et al (2022), and HCS/HB 2246 (2022) and similar to SB 888 (2022) and SB 487 (2021).
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), SCS/HS/HCS/HBs 1108 & 1181, et al (2023) and HCS/SS#3/SB 22 (2023).
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 a provision in the truly agreed to and finally passed SS/SCS/SBs 189, et al (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).
OFFENSES AGAINST PUBLIC ORDER (Sections 556.061, 574.010, 574.040, 574.050, 574.060, & 574.070)
This act adds the offense of rioting to the definition of "dangerous felonies" in the criminal code.
Additionally, this act changes the penalty for the offense of peace disturbance from a class B misdemeanor to a class A misdemeanor for the first offense, and from a class A misdemeanor to a class E felony for subsequent offenses.
This act changes the penalty for the offense of unlawful assembly from a class B misdemeanor to a class A misdemeanor. This act also modifies the offense of rioting to provide that a person commits the offense if a person knowingly assembles with six or more people and violates any criminal laws. This offense shall be a class D felony, rather than a class a misdemeanor, for the first offense and a class C felony for subsequent offenses.
Finally, this act changes the penalty for the offense of refusal to disperse from a class C misdemeanor to a class A misdemeanor and changes the penalty for the offense of promoting civil disorder from a class D felony to a class C felony.
These provisions are identical to SB 684 (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).
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 the truly agreed to and finally passed SS/SCS/SBs 189, et al (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.
These provision are identical to provisions in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and substantially similar to a provision in SCS/SB 502 (2023).
MINIMUM PRISON TERMS (Sections 558.019)
This act repeals provisions relating to certain offenses which have mandatory prison terms and provides that all classes of felonies shall have minimum prison terms except those felony offenses relating to controlled substances.
Additionally, this act repeals provisions relating to offenders who were convicted of certain felony offenses prior to August 28, 2019, who were no longer subject to minimum prison terms.
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) and the truly agreed to and finally passed CCS/HCS/SB 186 (2023) and substantially similar to 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), the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), CCS/HCS/SS/SCS/SB 72 (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 a provision in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and SB 660 (2023) and is substantially similar to SB 1215 (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), SB 405 (2023), and HB 11 (2020).
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), SCS/HS/HCS/HBs 1108 & 1181, et al (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 a provision in the truly agreed to and finally passed CCS/HCS/SB 186 (2023), SCS/HS/HCS/HBs 1108 & 1181, et al (2023), and SS/SCS/HCS/HB 301 (2023).
STATE AND FEDERAL FIREARMS REGULATIONS (Sections 571.010 & 571.020)
This act repeals provisions relating to the definition of "rifle".
Additionally, this act provides that a person does not commit the offense of knowingly possessing or selling a firearm if he or she was acting in conformity with any applicable state or federal law.
These provisions are identical to provisions in HB 1381 (2023).
FIREARMS IN SCHOOLS AND ON SCHOOL BUSES (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 SCS/HS/HCS/HBs 1108 & 1181, et al (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).
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 the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), SCS/HB 2697, et al (2022), SCS/HB 2088, et al (2022), SS/SCS/SB 850 (2022), and SB 765 (2022).
OFFENSE OF TAMPERING WITH A JUDICIAL OFFICER (Section 575.095)
This act provides that a person commits the offense of tampering with a judicial officer if the person disseminates through any means the judicial officer's personal information as provided in the act. Additionally, this act provides a judicial officer shall include a judge or commissioner of state or federal court. If a judicial officer or a member of his or her family is injured or dies, the offense is a class B felony.
These provisions are identical to provisions in the truly agreed to and finally passed CCS/HCS/SB 186 (2023), the perfected HCS/HBs 994, et al (2023), HCS/SS/SCS/SB 74 (2023), and HCS/SB 186 (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 provision is identical to a provision in the truly agreed to and finally passed CCS/HCS/SB 186 (2023), SB 631 (2023), and the perfected HS/HCS/HBs 1108 & 1181 (2023) and substantially similar to HB 468 (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 provision in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), 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 SS/SCS/SBs 189, et al (2023), 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), to SB 480 (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) 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) and SCS/SB 38 (2023).
POST COMMISSION TRAINING INSTRUCTORS (Section 590.060)
This act provides that instructors at Missouri police academies shall be approved by the POST Commission.
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 act is identical to a provision in the truly agreed to and finally passed CCS/HCS/SB 189 (2023) and SCS/SB 38 (2023) and substantially similar to 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).
PEACE OFFICER TUITION REIMBURSEMENT (Sections 590.1070 & 590.1075)
This act establishes the "Peace Officer Basic Training Tuition Reimbursement Program" within the Department of Public Safety.
This program shall provide reimbursement for qualifying Missouri residents or government entities who have paid tuition at a state licensed training center required for peace officer licensure. The POST Commission shall be responsible for the implementation of this program as provided in the act. Tuition reimbursement shall be subject to the availability of funds and shall be available to certain full-time peace officers as provided in the act.
Finally, this act establishes the "Peace Officer Basic Training Tuition Reimbursement Fund" which shall consist of money appropriated by the General Assembly and any gifts or donations.
This provision is identical to a provision in the truly agreed to and finally passed CCS/HCS/SB 186 (2023), SB 141 (2023), SB 786 (2022), HB 295 (2021), and HCS/HB 1703 (2022).
ELECTRONIC NOTIFICATION TO VICTIMS OF CERTAIN 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 provisions in the truly agreed to and finally passed SS/SCS/SBs 189, et al (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 the truly agreed to and finally passed CCS/HCS/SB 186 (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.
This provision is identical to a provision in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), SCS/SB 245 (2023), and SB 1039 (2022) and to 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 "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 a provision in the truly agreed to and finally passed SS/SCS/SBs 189, et al and substantially similar to provision in 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).
DRUG TREATMENT PROGRAMS (Section 217.785)
This act repeals the Missouri Postconviction Drug Treatment Program.
This provision is identical to a provision in the truly agreed to and finally passed HCS/SCS/SB 103 (2023) and SB 276 (2023).
MARY GRACE PRINGLE