HB 1659 Modifies provisions relating to public safety

     Handler: Luetkemeyer

Current Bill Summary

- Prepared by Senate Research -


SS/SCS/HCS/HB 1659 - This act modifies provisions relating to public safety.

SEX AND HUMAN TRAFFICKING TRAINING (Sections 27.170, 56.265, 190.142, 211.326, 324.035, 337.618, & 590.050)

This act establishes the "Committee on Sex and Human Trafficking Training" with membership as provided in the act. The Committee shall annually evaluate and establish guidelines for sex and human trafficking training for boards, departments, and agencies.

This act provides that prosecutors, emergency medical technicians, advanced emergency medical technicians, juvenile officers, social workers, and peace officers shall undergo training on sex and human trafficking awareness annually beginning January 1, 2025 until December 31, 2029.

Finally, this act provides that boards, commissions, and committees may utilize occupational fees for continuing education programs if the Director of the Division of Professional registration approves such program and the program is available to all licensees of such board, commission, and committee.

These provisions are identical to SCS/HCS/HBs 1706 & 1539 (2024) and substantially similar to SB 1398 (2024) and HB 1308 (2023) and similar to provisions in SB 906 (2024).

HIGHWAY PATROL SALARIES (Section 43.080)

Under current law, the superintendent of the Missouri State Highway Patrol provides a salary schedule report to the Governor and General Assembly which includes a comparison of the salaries of police officers of the three largest police departments in the state.

This act adds that the salary schedule report shall also include a comparison of the salaries and benefits of police officers employed by the Iowa State Patrol, the Nebraska State Patrol, the Illinois State Police, the Kentucky State Police, the Tennessee Highway Patrol, the Arkansas State Police, the Oklahoma Highway Patrol, and the Kansas Highway patrol.

This provision is identical to HB 2701 (2024) and SCS/HCS/HB 2700 (2024).

TRAINING REQUIREMENTS FOR AMBULANCE DISTRICT BOARD MEMBERS (Sections 190.053, 190.076, 190.109, 190.112, & 190.166)

This act modifies training requirements for members of an ambulance district board of directors. Under this act, board members shall complete three hours of continuing education for each term of office. Failure to do so shall result in immediate disqualification and the office shall be vacant until filled.

Under this act, each ambulance district shall arrange for an audit of the district's records and accounts every three years by a certified public accountant. The audit shall be made available to the public on the district's website or otherwise freely available by other electronic means.

The Department of Health and Seniors Services, as a part of regulating ground ambulance service licenses, shall promulgate rules regarding participation with regional emergency medical services advisory committees and ambulance service administrator qualifications.

This act requires ambulance services to report to the Department individuals serving as ambulance service administrators. These administrators shall be required to complete training as described in the act.

Finally, the Department may refuse to issue, deny renewal of, or suspend a license required for ground ambulance services or take other corrective actions if the license holder is determined to be financially insolvent, has inadequate personnel for the service provided, requires an inordinate amount of mutual aid from neighboring services, has been determined to be criminally liable for actions related to the license or service provided, has been determined to be ineligible for participation in Medicare or MO HealthNet, whose ambulance district administrator has failed to meet the required qualifications or training, or if three or more board members have failed to complete required training. If the Department makes a determination of insolvency or insufficiency of services, then the Department may require the license holder to submit and complete a corrective plan, as described in the act.

The Department shall be required to provide notice of any determination of insolvency or insufficiency of services to other license holders operating in the license holder's vicinity, members of the General Assembly who represent that area, other governing officials, the appropriate regional emergency medical services advisory committee, and the State Advisory Council on Emergency Medical Services. The Department shall immediately engage with other license holders in the area to determine how ground ambulance services may be provided to the affected area during the service disruption. Assisting license holders may be compensated for such assistance as described in the act.

These provisions are identical to SB 1340 (2024).

STATE ADVISORY COUNCIL ON EMERGENCY MEDICAL SERVICES (Section 190.101)

This act modifies the State Advisory Council on Emergency Medical Services by changing the number of council members from 16 to no more than 23 and specifying the members who shall serve on the Council. Currently, members are appointed by the Governor with the advice and consent of the Senate. Under this act, the Director of the Department of Health and Senior Services, the regional EMS advisory committees, and the Time-Critical Diagnosis Advisory Committee shall appoint members.

This provisions is identical to SB 1277 (2024).

FORENSIC EXAMINATIONS PERFORMED BY HOSPITALS (Section 197.135)

Under this act, a specialty hospital, meaning a hospital other than a general acute care hospital, shall not be required to comply with certain statutory provisions relating to forensic examinations of victims of sexual assault if such hospital has in place a policy for the transfer of such victims to an appropriate hospital with an emergency department.

This provision is identical to SB 1326 (2024).

STATEWIDE COUNCIL AGAINST TRAFFICKING (Section 210.1505)

This act repeals provisions relating to the "Statewide Council on Sex Trafficking and Sexual Exploitation of Children" within the Department of Social Services and creates the "Statewide Council Against Adult Trafficking and the Commercial Sexual Exploitation of Children" within the office of the Attorney General. The Council shall make recommendations for a coordinated statewide effort against the trafficking of adults and children within the state.

The Attorney General shall serve as chairperson of the Council and shall hold an initial meeting before October 27, 2024. Finally, this act creates the "Anti-Trafficking Fund" to provide funds for the position of the Executive Director of the Council, for education regarding human trafficking, and for anti-trafficking efforts.

This provision is identical to a provision in SCS/HCS/HBs 1706 & 1539 (2024) and substantially similar to a provision in SB 1245 (2024) and SB 1398 (2024).

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#2/SCS/SBs 754, et al (2024), SCS/SB 1115 (2024), the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), and SCS/SBs 406 & 423 (2023).

JUVENILE OFFENDER DETAINMENT (Section 211.033, 219.021, & 221.044)

Under current law, a traffic court judge may request the juvenile court to order the commitment of a person under 18 years old to a juvenile detention facility.

This act repeals such provision.

Additionally, if a person attains the age of 18 while in detention, a juvenile officer may file a motion with the court to detain the person in adult jail.

Finally, this act provides the Division of Youth Services shall not keep any youth beyond his or her nineteenth birthday, unless upon petition showing just cause for the youth to remain in juvenile detention.

These provisions are identical to provisions in SCS/HCS/HB 2700 (2024) and HB 2640 (2024).

CERTIFICATION OF JUVENILES FOR TRIAL AS ADULTS (Section 211.071, 211.072, 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.

This act also 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#2/SCS/SBs 754, et al (2024) and substantially similar 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 substantially similar to provisions in SCS/SBs 406 & 423 (2023) and similar to SB 887 (2024) and HCS/HB 12 (2020).

Finally, this act provides that any juvenile certified as an adult who violates conditions of release or bond shall return to the custody of the adult jail pending further court order. If a juvenile is held in adult jail for more than 180 days then the court shall hold a hearing once every thirty days to determine whether the placement of the certified juvenile is still in the best interests of justice.

This provision is identical to a provision in SCS/HCS/HB 2700 (2024).

INMATE PHONE CALL FEES (Sections 217.451 & 221.108)

This act provides that correctional centers shall provide offenders with reasonable access to phone services, unless such access is restricted as a disciplinary measure.

Additionally, no correctional center shall charge more than 12 cents per minute for a domestic phone call of an inmate.

These provisions are identical to provisions in the perfected SS/SB 900 (2024) and to HCS/HBs 1679 & 2169 (2024) and similar to SB 1098 (2024), SB 592 (2023), and HB 693 (2023).

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#2/SCS/SBs 754, et al (2024), SB 746 (2024), and 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).

REGIONAL JAIL DISTRICTS (Section 221.400, 221.402, 221.405, 221.407, & 221.410)

Under current law, any two or more contiguous counties may establish a regional jail district.

This act provides that if an existing regional jail district already levies a sales tax and another county joins the district, such joining with the district will not be effective until the voters of the county have approved the sales tax. If the voters do not approve the sales tax, the county attempting to join the district shall not be permitted to join.

This act also adds that a district may equip and maintain jail facilities, as well as lease its properties. The regional jail commission shall have the power to acquire, construct, repair, alter, improve, and extend a regional jail and it may contract with governmental or private entities. Commissioners shall also serve until their successors have assumed office.

Under current law, any regional jail district may impose a one-eighth, one-fourth, three-eighths, or one-half of one percent sales tax. This act changes the amount to up to one percent. This act also repeals the provision that such sales tax may be used for court facilities in the regional jail district.

This act also provides that expenditures paid for by the regional jail district sales tax trust fund may be made for any of the district's authorized purposes.

These provisions repeals the sunset provision.

These provisions act contains an emergency clause.

These provisions are identical to the perfected SS/SB 900 (2024).

RESTRAINTS USED ON PREGNANT OFFENDERS (Sections 221.520 & 221.523)

Under this act, all county and city jails shall be prohibited, except in extraordinary circumstances, from using restrains on a pregnant offender in her third trimester or on a postpartum offender within 48 hours post-delivery.

In cases of extraordinary circumstances requiring restraints to be used, the sheriff or jailer shall document in writing within 48 hours of the incident the reasons for the restraints used, as specified in the act.

If restraints are used, they shall be objectively reasonable under the circumstances. Jails shall offer staff training on the provisions of this act and inform offenders of policies and practices developed under this act.

By January 1, 2025, all county and city jails shall develop specific procedures for intake and care of pregnant offenders, including maternal health evaluations, dietary supplements, nutritious meals, substance abuse treatment, HIV treatment, hepatitis C, sleeping arrangements, mental health, sanitary materials, and postpartum recovery.

These provisions are substantially similar to provisions in SB 905 (2024), HCS/SS/SB 900 (2024), HCS/HBs 1777, et al (2024), SCS/SB 803 (2018), HB 1002 (2017), and SB 180 (2017).

LINE OF DUTY COMPENSATION ACT (Section 287.243)

Currently, a claim for compensation for a public safety officer killed in the line of duty is $25,0000. This act changes the amount to $100,000 and provides that beginning in 2025, the amount of compensation shall be adjusted annually by the percent increase in the Consumer Price Index for All Urban Consumers.

This program shall automatically sunset on December 31, 2030.

This provision is identical to HB 1732 (2024) and SCS/HCS/HB 2700 (2024).

MISSOURI EMERGENCY RESPONSE COMMISSION (Section 292.606)

This act extends the authority for the collection of certain fees by the Missouri Emergency Response Commission for six years, beginning August 28, 2024.

This act is identical to SCS/SB 1356 (2024) and the perfected HB 1870 (2024).

EMERGENCY VEHICLES (Sections 304.022 & 307.175)

This act amends the section of law which was declared unconstitutional in Byrd, et al. v. State of Missouri, et al.

This act adds vehicles operated by a state fire investigator, county or municipal park rangers, and canine search and rescue teams to the definition of "emergency vehicle" applicable to yielding the right-of-way and the display of emergency lights.

This act is substantially similar to provisions in SB 1476 (2024), SCS/HCS/HB 2700 (2024), SCS/HB 1707 (2024), and the truly agreed to and finally passed CCS/SS/SCS/HCS/HB 1606 (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, 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 identical to provisions in the truly agreed to and finally passed SS#2/SCS/SBs 754, et al (2024), SCS/SB 1115 (2024), and the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and 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).

FIREFIGHTERS PROCEDURAL BILL OF RIGHTS ACT (Sections 320.500 to 320.528)

This act established the "Firefighters Procedural Bill of Rights Act".

This act provides that no firefighter shall be prohibited from engaging or be required to engage in political activity or from running for political office except in certain circumstances.

Additionally, this act provides that when a firefighter is under investigation or under interrogation which could lead to disciplinary action, dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer, the investigation shall include varies procedures as provided in the act.

Furthermore, this act provides that a firefighter shall not be subjected to punitive action, or denied promotion, or threatened with that treatment, because of the lawful exercise of the rights granted this act or the exercise of any rights under any existing administrative grievance procedure. Additionally, punitive action or denial of promotion on grounds other than merit shall not be undertaken against any firefighter who has successfully completed the probationary period without first providing the firefighter with an opportunity for administrative appeal. This act states that a fire chief shall not be removed without providing written notice, the reason for removal, and an opportunity for administrative appeal. Finally, punitive action or denial of promotion on grounds other than merit shall not be undertaken for any act, omission, or other allegation of misconduct if the investigation is not completed within one year of discovery by the employing fire department or licensing or certifying agency, except as provided in the act.

Additionally, this act provides that if, after investigation and any predisciplinary response or procedure, the employing department or licensing or certifying agency decides to impose discipline, that department or agency shall notify the firefighter in writing of its decision to impose discipline within 30 days but not less than 48 hours prior to imposing the discipline.

This act provides that firefighters shall have the opportunity to read any adverse comments in their personnel file and shall have 30 days to file a written response to such comments. Additionally, every employer shall, at reasonable times and at reasonable intervals, upon the request of a firefighter, during usual business hours, with no loss of compensation to the firefighter, permit that firefighter to inspect his or her personnel files and ask for corrections to any portion of the material is mistakenly or unlawfully placed in the file which shall either be granted or refused within 30 days.

This act provides that a firefighter may bring an action for violation of these provisions for injunctive or other extraordinary relief. Upon a finding by the court that a fire department maliciously violated any provision of this act with the intent to injure the firefighter, the fire department shall, for each and every violation, be liable for a civil penalty not to exceed $25,000, actual damages, and reasonable attorney's fees as may be determined by the court. A fire department shall not be required to indemnify a contractor if there is a hold harmless or similar provision that protects the fire department from liability for the actions of the contractor. An individual shall not be liable for any act for which a fire department is liable under this provision.

These provisions are identical to provisions in SCS/SB 897 (2024) and substantially similar to HCS/HB 1769 (2024) and similar to HB 2459 (2024) and HB 1147 (2023).

PRACTICE OF DENTISTRY IN CORRECTIONAL CENTERS (Section 332.081)

Current law provides that no corporation shall practice dentistry unless that corporation is a nonprofit corporation or a professional corporation under Missouri law. This act provides that such provision shall not apply to entities contracted with the state to provide care in correctional centers.

This provision is identical to SB 1287 (2024) and HB 2280 (2024).

NATURAL GAS SAFETY STANDARDS (Section 386.572)

The act repeals certain provisions relating to maximum penalties for violations of federally mandated natural gas safety standards and provides that the maximum penalties shall not exceed an amount as determined by the Secretary of Transportation of the United states.

This provision is identical to SB 1470 (2024), SB 450 (2023), SB 953 (2022), SB 172 (2021) and HB 1054 (2021), and substantially similar to SB 827 (2020), SB 169 (2019), HB 589 (2019), SB 815 (2018), and SB 543 (2017).

UNIFORM CHILD ABDUCTION PREVENTION ACT (Sections 452.1100 to 452.1122)

This act establishes the "Uniform Child Abduction Prevention Act", which permits the court, either on its own or through a party's petition, to order abduction prevention measures in a child custody proceeding if the court finds that the evidence establishes a credible risk of abduction of the child, as described in the act.

In an abduction prevention order, the court may impose conditions on the exercise of custody or visitation that limit visitation to be supervised and order the respondent to pay the costs of supervision, require the posting of a bond or provide other security in an amount sufficient to serve as a financial deterrent to abduction, and other conditions as provided in the act.

Additionally, to prevent imminent abduction of a child, a court may issue a warrant to take physical custody of the child or direct the use of law enforcement to take any action reasonably necessary to locate the child, obtain return of the child, or enforce a custody determination.

These provisions are identical to provisions in SCS/SB 897 (2024) and substantially similar to provisions in HB 1660 (2024), HCS/SS/SB 198 (2023), HCS/HB 1058 (2023), and in HCS/SS/SB 213 (2023).

BENTLEY AND MASON'S LAW (Section 454.1050)

This act establishes "Bentley and Mason's Law".

Under this act, if a person is convicted of the offense of driving while intoxicated and such offense caused the death of a parent or guardian, such person shall pay, pursuant to a court order, a monthly restitution to the child of the deceased parent or guardian until the child reaches 18 years of age.

Monthly restitution shall be determined and remitted as specified in the act. If the person ordered to pay restitution is unable to make required monthly payments because such person is imprisoned or otherwise confined, then the person shall begin making the payments no later than the first anniversary of the date of his or her release from the correctional facility and shall pay all arrearages, regardless of whether the payments were due to be terminated while the person was imprisoned or otherwise confined.

The amount of restitution paid under this act shall be deducted from any civil judgment against the defendant.

The Attorney General or a person, parent, or guardian of a child due restitution under this act may enforce a restitution order issued in the same manner as a judgment in a civil action.

This act is identical to provisions in SCS/HCS/HB 2700 (2024) and SB 1374 (2024) and similar to HB 1958 (2024) and HB 1954 (2022).

CLASSIFICATION OF MINORS FOR ORDERS OF PROTECTION (Sections 455.010, 455.035, & 455.513)

This act modifies the definitions of "adult" and "child" in provisions relating to orders of protection. An "adult" is any person eighteen, instead of seventeen, years of age or older and a "child" is any person under eighteen, instead of seventeen, years of age unless he or she is otherwise emancipated.

These provisions are identical to provisions in SCS/HCS/HBs 1706 & 1539 (2024), SCS/SB 897 (2024), CCS/HCS/SS/SCS/SB 72 (2023), HCS/HB 355 (2023), in HB 981 (2023), in SCS/HCS/HBs 994, 52 & 984 (2023), and in HCS/HB 1559 (2022).

LIFETIME PROTECTION ORDERS (Section 455.098)

This act provides that a court shall have jurisdiction at the time of sentencing to enter a lifetime protection order restraining or enjoining the defendant from contacting the victim if the defendant has been found guilty of a dangerous felony. The protection order shall be effective immediately and shall be served on the defendant at the time of sentencing. Such order shall be valid for the defendant's lifetime unless:

• The victim dies;

• The conviction is dismissed, expunged, or overturned or the defendant has been pardoned; or

• The victim submits a written request to terminate the order.

If an order of protection is granted, the order shall be issued to the victim and to the law enforcement agency in which the victim resides. The sheriff shall enter all information into the Missouri Uniform Law Enforcement System (MULES) within 24 hours and MULES shall forward the information to the National Crime Information Center.

This provisions is identical to SB 869 (2024).

MENTAL HEALTH COURTS (Section 478.001)

Currently, the treatment court divisions of the circuit courts may include an adult treatment court, DWI court, family treatment court, juvenile treatment court, and veteran treatment court, which are specialized courts focused on addressing substance abuse disorders, mental health disorders, and co-occurring disorders of certain criminal defendants. This act provides for the establishment of a mental health court within a treatment court division to provide an alternative for the disposal of cases that stem from mental health or co-occurring disorders of criminal defendants.

This provision is identical to SB 1370 (2024) and substantially similar to HB 2064 (2024).

BUSINESS RECORDS ENTERED INTO EVIDENCE (Section 490.692)

Under current law, certain business records must be notarized in order to be entered into evidence in court.

This act repeals those requirements and provides that such records shall not be deemed invalid for the reason that it uses an electronic signature or that it does not include a notarization. Additionally, any affidavit falsely made shall subject the signer to criminal penalties.

This provision is identical to a provision in SCS/SB 1400 (2024).

ADMISSIBILITY OF CERTAIN EVIDENCE IN CRIMINAL CASES (Sections 491.075 and 492.304)

Under current law, a statement made by a child under 14 years of age may be admissible in criminal proceedings under certain circumstances. This act changes the age to a child under the age of 18 years of age.

Additionally, this act provides that visual or audio recordings of a child under 18 years of age or a vulnerable person relating to certain criminal offenses shall be admissible in criminal proceedings under certain circumstances.

These provisions are identical to provisions in SCS/SB 1245 (2024), SCS/SB 897 (2024), HCS#2/HB 1886 (2024), SCS/HCS/HB 2700 (2024), the perfected HCS/HB 454 (2023), and SCS/HS/HCS/HBs 1108 & 1181, et al (2023).

PRETRIAL WITNESS PROTECTION PROGRAM (Section 491.641)

Under current law, any law enforcement agency may use funds from the "Pretrial Witness Protection Services Fund" to provide for the security of witnesses and immediate family members during criminal proceedings. This act adds that prosecuting and circuit attorney offices may also use such funds.

This act also repeals certain application requirements for reimbursement of costs for witness protection and provides that law enforcement agencies and prosecuting and circuit attorney offices shall submit an application to the Department of Public Safety.

This provision is substantially similar to SCS/SB 1266 (2024).

UNIFORM CIVIL REMEDIES FOR UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES ACT (Sections 537.1300 to 537.1316)

This act establishes the "Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act" which provides that an individual who is depicted in an intimate image, who is identifiable in such image, and who suffers a harm from a person's intentional disclosure or threatened disclosure of such intimate image without the individual's consent has a cause of action against the person if the person knew or acted with reckless disregard about whether the depicted individual consented to the disclosure, about whether the intimate image was private, and about whether the depicted individual was identifiable. The identity of the plaintiff may be protected in court filings and documents. Furthermore, this act specifies certain exceptions to liability for disclosure of an intimate image. A cause of action for an unauthorized disclosure or threat to disclose shall be brought four years from the date the disclosure was discovered or should have been discovered or from the date of the threat to disclose, respectively.

This provision is identical to a provision in SCS/SB 897 (2024) and substantially similar to HB 2728 (2024) and HB 2024 (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 the truly agreed to and finally passed SS#2/SCS/SBs 754, et al (2024), SCS/SB 1115 (2024), the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), and 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.

Finally, any prosecuting or circuit attorney may also file a motion to vacate or set aside the judgment while a conviction review unit is completing a review pursuant to this act.

This provision is identical to+ a provision in the truly agreed to and finally passed SS#2/SCS/SBs 754, et al (2024) and substantially similar to SB 765 (2024), 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).

REIMBURSEMENTS TO JAILS (Sections 550.320 & 221.105)

This act provides that whenever a person is sentenced to a term of imprisonment in a correctional center, the Department of Corrections shall reimburse the county or St. Louis City for the days the person spent in custody at a per diem cost not to exceed $37.50 a day.

The sheriff of the county or St. Louis City shall certify to the clerk of the county or to the chief executive officer of St. Louis City the total number of days any offender spent in the county or city jail. The county clerk or the chief executive officer shall then submit the total number of days to the Department no later than two years from the date the claim became eligible for reimbursement. The Department shall determine if the expenses are eligible for reimbursement and shall remit any payment to the county or to St. Louis City.

Finally, this act repeals provisions relating to the current process for counties and St. Louis City to request reimbursement for the number of days an offender spent in a county or city jail.

These provisions are identical to provisions in the perfected SS/SB 900 (2024) and SB 1353 (2024).

OFFENSE OF ENDANGERING THE WELFARE OF A CHILD (Sections 556.061 & 568.045)

Under current law, a person commits the offense of endangering the welfare of a child in the first degree if he or she unlawfully manufactures or possesses amphetamine, methamphetamine, or any of their analogues. This act adds fentanyl and carfentanil.

Additionally, this act provides that if a person is found guilty of the offense of endangering the welfare of a child in the first degree involving fentanyl or carfentanil then the person shall serve a term of imprisonment of not less than five years and not more than ten years. Such person shall not receive a suspended imposition or execution of sentence from the court and shall not pay a fine in lieu of a term of imprisonment. Finally, such person shall not be eligible for conditional release or parole until he or she has served at least five years of imprisonment.

This act also adds the offense of endangering the welfare of a child in the first degree to the definition of "dangerous felony."

This provision is identical to SCS/SB 1451 (2024) and SB 1368 (2024).

Finally, 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 contains an emergency clause.

This provision is identical to a provision in the truly agreed to and finally passed SS#2/SCS/SBs 754, et al (2024), SCS/SB 1115 (2024), the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), SB 405 (2023), and HB 11 (2020).

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 another diversion program;

• The defendant does not hold a commercial driver's license;

• The offense did not occur while operating a commercial vehicle;

• The offense did not result in the injury or death of another person; and

• The defendant did not refuse a breathalyzer test.

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 may require installation of an ignition interlock device for a period of not less than one year and require the defendant to participate in a victim impact panel. If the prosecuting or circuit attorney requires an ignition interlock device, 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. The court may require the defendant to pay all or part of the costs, unless the court finds the defendant indigent.

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.

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.

Finally, this act provides that a prosecuting or circuit attorney may divert intoxicated-related offenses to other diversion programs as provided in law.

This provision is identical to SCS/SB 1200 (2024) and substantially similar 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 provisions is identical to a provision in the truly agreed to and finally passed SS#2/SCS/SBs 754, et al (2024), SCS/SB 1115 (2024), the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), SCS/SB 502 (2023), and SS/SCS/HCS/HB 301 (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 also modifies the minimum prison terms for the offense of armed criminal action. For a person convicted of a first offense of armed criminal action, the term of imprisonment shall be no less than 3 years. For a person convicted of a second offense of armed criminal action, the term of imprisonment shall be no less than 5 years. Additionally, this act provides that a person convicted of armed criminal action shall not be eligible for probation, conditional release, or suspended imposition or execution of sentence; however, the person shall be eligible for parole.

This provision is identical to a provision in the truly agreed to and finally passed SS#2/SCS/SBs 754, et al (2024), SCS/SB 1115 (2024), the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), and SCS/SB 502 (2023).

INFORMATION RECEIVED BY PROBATION & PAROLE OFFICERS (Section 559.125)

This act modifies provisions relating to privileged information received by probation or parole officers which shall not be receivable in any court except for criminal proceedings.

This provision is identical to a provision in SCS/SB 897 (2024) and CCS/HCS/SS/SCS/SB 72 (2023) and is substantially similar to a provision in HB 1954 (2024), HB 196 (2023), in HCS/SS#3/SB 22 (2023), and in HB 1227 (2023), and is similar to a provision in HCS/HB 1886 (2024), in HCS/HB 2700 (2024), HCS/SS/SCS/SBs 189, 36 & 37 (2023), and in HCS/HB 776 (2023).

OFFENSE OF UNLAWFUL POSTING OF CERTAIN INFORMATION (Section 565.240)

Under current law, a person commits the offense of unlawful posting of certain information if he or she knowingly posts certain information to cause great bodily harm or death, or threatening to cause harm. This act adds that a person shall also commit such offense if he or she knowingly posts the Social Security number of a person to intimidate or harass such person or obtain financial gain from such person and such offense shall be a class E felony.

This act also changes the penalty from a class C misdemeanor to a class E felony if a person causes harm or death of another by posting the name, home address, Social Security number, telephone number, or any other personally identifiable information. This act also changes the penalty from a class E felony to a class D felony if a person threatens harm or death to a law enforcement officer, judge, and other public safety officers and from a class D felony to a class C felony if the person causes harm or death to a law enforcement officer, judge, and other public safety officers.

This provision is identical to a provision in SCS/SB 1400 (2024) and substantially similar to HB 2219 (2024).

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, 2024.

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, 2026, unless the Department of Public Safety determines the Task Force should be extended until December 31, 2028.

This provision is identical to a provision in the truly agreed to and finally passed SS#2/SCS/SBs 754, et al (2024), SB 1070 (2024), SCS/SB 1115 (2024), the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), and SB 660 (2023).

OFFENSES OF ENTICEMENT OF A CHILD & OFFENSE OF PATRONIZING PROSTITUTION (Sections 566.151 & 567.030)

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

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

These provisions are identical to provisions in SS#2/SCS/SB 811 (2024), SB 906 (2024), SB 1245 (2024), SB 1398 (2024), HCS/SS#3/SB 22 (2023), in CCS/HCS/SS/SCS/SB 72 (2023), in HCS/HB 454 (2023), in HS/HCS/HBs 1108 & 1181 (2023), HB 1637 (2022), in SCS/HB 2088, HB 1705 & HCS/HB 1699 (2022), HB 2590 (2022), and in SCS/HB 2697, HB 1589, HB 1637 & HCS/HB 2127 (2022).

OFFENSE OF TRESPASS OF A RETAIL ESTABLISHMENT (Section 569.158)

This act creates the offense of trespass of a retail establishment if he or she, while alone or with any other person, enters a retail establishment or assists a person who enters a retail establishment with the primary purpose of disrupting commerce or causing danger to people or property.

This offense shall be a class B misdemeanor, unless committed as part of an organized campaign then such campaign shall pay a fine not to exceed $5,000.

This provision is identical to a provision in SB 1467 (2024).

OFFENSE OF ORGANIZED RETAIL THEFT (Section 570.036)

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

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

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

These provisions are identical to provisions in SB 1467 (2024), HB 1652 (2024), SB 250 (2023), SCS/HB 2697, et al (2022), and SCS/HB 2088, et al (2022).

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 he or she recklessly 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#2/SCS/SBs 754, et al (2024) and substantially similar to SB 788 (2024), SB 343 (2023), and to provisions in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), 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 the truly agreed to and finally passed SS#2/SCS/SBs 754, et al (2024), SCS/SB 1115 (2024), the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), and SCS/SB 502 (2023) and substantially similar to SB 850 (2022).

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#2/SCS/SBs 754, et al (2024), 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 RESISTING ARREST (Sections 575.150)

This act modifies the offense of resisting, interfering with, escaping, or attempting to escape from arrest, detention, stop, or custody, by adding that a person is guilty of such offense if he or she, while being held in custody after a stop, detention, or arrest, escapes or attempts to escape from such custody. Such offense shall be a class A misdemeanor, unless the stop was for:

• A felony offense;

• A warrant issued for failure to appear on a felony case;

• A warrant issued for a probation violation on a felony case;

• While resisting or escaping from a stop or arrest, the person flees and creates a substantial risk of serious physical injury or death to any person; or

• The escape or attempt to escape while in custody was for a felony;

Then it shall be a class E felony; except that, if such escape is committed by means of a deadly weapon or by holding any person hostage it is a class A felony.

Additionally, the prosecution is not required to prove the defendant knew why he or she was being stopped or arrested.

This provisions are identical to provisions in SCS/HCS/HBs 1692 & 1748 (2024) and SCS/HCS/HB 2700 (2024).

VALENTINE'S LAW (Section 575.151)

This act establishes "Valentine's Law" which creates the offense of aggravated fleeing a stop or detention of a motor vehicle if the person knows that a law enforcement officer is attempting to detain the vehicle and the person flees at a high speed which creates a substantial risk of serious physical injury or death or actually causes physical injury or death to another person. This shall be a class D felony if the person creates a substantial risk of injury, a class B felony is the person causes physical injury, and a class A felony if the person causes death of another.

Additionally, a person is presumed to be fleeing a vehicle stop if he or she has seen or heard or reasonably should have seen or heard emergency lights or sounds. It shall not be a defense that the law enforcement officer was acting unlawfully in making the arrest.

This provision is identical to a provision in the truly agreed to and finally passed SS#2/SCS/SBs 754, et al (2024) and SCS/SB 901 & 820 (2024) and similar to provisions in HB 301 (2023) and SB 345 (2021).

OFFENSE OF TAMPERING WITH ELECTRONIC MONITORING EQUIPMENT (Section 575.205)

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

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

This provision is identical to a provision in scs/hcs/hb 2700 (2024), HB 1454 (2024), HCS/HB 2700 (2024), HCS/SS#3/SB 22 (2023), HCS/SS/SCS/SB 72 (2023), HB 86 (2023), SB 470 (2023), SB 878 (2023), in HS/HCS/HBs 1108 & 1181 (2023), HB 1637 (2022), HB 1547 (2022), SCS/HB 2088, HB 1705 & HCS/HB 1699 (2022), and SCS/HB 2697, HB 1589, HB 1637 & HCS/HB 2127 (2022), and is similar to SB 619 (2021) and HCS/HB 156 (2021).

OFFENSE OF DELIVERY OF A CONTROLLED SUBSTANCE (Sections 579.021 & 579.022)

This act creates the offenses of delivery of a controlled substance causing serious physical injury which shall be a class C felony. This act also creates the offense of delivery of a controlled substance causing death which shall be a class A felony.

These provisions are identical to provisions in the truly agreed to and finally passed SS#2/SCS/SBs 754, et al (2024), SCS/SB 1115 (2024), the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), and HS/HCS/HBs 1108 & 1181 (2023).

DRUG TRAFFICKING (Sections 579.065 & 579.068)

Under current law, the offense of trafficking drugs in the first and second degree includes when a person trafficks more than ten milligrams of fentanyl or carfentanil. This act changes the amount of fentanyl to more than three milligrams and changes the amount of carfentanil to any amount.

Additionally, under current law, the offense of trafficking drugs in the first degree and second degree has increased penalties for certain amounts of fentanyl and carfentanil. This act changes the amount of fentanyl to more than fourteen milligrams shall be a class A felony and changes the amount of carfentanil to more than five hundredths of a milligram shall be a class B felony.

This act is identical to SB 1437 (2024) and HB 2576 (2024).

Finally, 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 provisions in the truly agreed to and finally passed SS#2/SCS/SBs 754, et al (2024), the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), HCS/HB 1133 (2023), and SB 705 (2023).

SEXUAL OFFENDER REGISTRY (Section 589.401 & 589.414)

Under current law, certain sexual offenders who are required to register as a sexual offender are not eligible to petition the court to have his or her name removed from the sexual offender registry.

This act provides that the following people are not eligible to file a petition for removal from the sexual offender registry:

• Any tier III offender;

• Any person who is currently a resident of this state who has been convicted of a sexual offense in another state which would require him or her to register in this state or any person who has registered as a sexual offender on the federal sexual offender registry or other state sexual offender registry; or

• Any person who was required to register for a sexual offense against a minor or against an incapacitated person.

Additionally, this act changes offenses which are currently tier I and II sexual offenses to tier III offenses as provided in the act.

This provision is identical to SB 1338 (2024), HB 1765 (2024), SB 656 (2023), and to provisions in HS/HCS/HBs 1108 & 1181 (2023).

RESTITUTION FOR HUMAN TRAFFICKING OFFENSES (Section 589.700)

This act provides that the court shall award restitution payable to the newly created Human Trafficking and Sexual Exploitation Fund when a person pleads guilty to or is convicted of a human trafficking offense. The Human Trafficking and Sexual Exploitation Fund shall allocate $10,000 per each victim of an offense that occurred in the county toward local rehabilitation services for victims of human trafficking and $2,500 toward local efforts to prevent human trafficking.

This provision is identical to a provision in SCS/HCS/HBs 1706 & 1539 (2024) and SB 1398 (2024) and similar to a provision in SB 906 (2024).

POLICE CHIEF TRAINING (Section 590.033)

Under current law, police chief shall complete a police chief training court with the POST Commission within 6 months of appointment as chief or such law enforcement agency shall be ineligible from receive POST Commission training funds.

This act changes such provision to within 12 months of appointment as chief of police.

CRITICAL INCIDENT STRESS MANAGEMENT PROGRAM (Section 590.192)

This act adds 911 dispatchers, paramedics, emergency medical technicians, or volunteer or full-time paid 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 substantially similar to a provision in the truly agreed to and finally passed SS#2/SCS/SBs 754, et al (2024), SB 760 (2024), SB 121 (2023) and a provision in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and 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 identical to a provision in the truly agreed to and finally passed SS#2/SCS/SBs 754, et al (2024), SB 800 (2024), and a provision in SCS/SB 1115 (2024) and the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and similar to a provision in SCS/HCS/HBs 640 & 729 (2023).

CRIME VICTIMS' COMPENSATION FUND (SECTIONS 595.045)

This act adds that a person who pleads guilty to a class E felony shall pay a fee of $46 payable to the Crime Victims' Compensation Fund.

This provision is identical to a provision in SCS/SB 897 (2024), HCS#2/HB 1886 (2024), HCS/HB 2700 (2024), HCS/SS#3/SB 22 (2023), in CCS/HCS/SS/SCS/SB 72 (2023), and in HS/HCS/HBs 1108 & 1181 (2023).

MISSING AND MURDERED AFRICAN AMERICAN WOMEN AND GIRLS TASK FORCE (Section 595.325)

This act creates the "Missing and Murdered African American Women and Girls 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, 2024.

The Task Force shall submit a report regarding policies and measures to address violence against African American women and girls as provided in the act to the Governor and General Assembly on or before December 31st of each year and the Task Force shall expire on December 31, 2026, unless the Department of Public Safety determines the Task Force should be extended until December 31, 2028.

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 the truly agreed to and finally passed SS#2/SCS/SBs 754, et al (2024), SB 1379 (2024), SB 841 (2024), and to provisions in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2024), 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 (Section 610.140)

This act modifies provisions relating to the number of crimes a person may apply to have expunged from his or her record.

Under current law, certain offenses, violations, and infractions are not eligible for expungement. 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 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 an 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, these provisions shall become effective on January 1, 2025.

These provisions are identical to provisions in the truly agreed to and finally passed SS#2/SCS/SBs 754, et al (2024) and similar to SB 861 (2024), to provisions in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), SB 687 (2022), SCS/SB 61 (2021), SB 519 (2020), and SB 952 (2020).

MARY GRACE PRINGLE


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