SB 143 - This act modifies provisions relating to public safety.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 a provision in SS/SCS/HCS/HB 1659 (2024), HB 2701 (2024), and SCS/HCS/HB 2700 (2024).
PUBLIC SCHOOL BACKGROUND CHECKS (Section 168.133)
The act adds charter schools to provisions of state law requiring background checks to be conducted on school personnel. The act repeals language specifying the types of work screened volunteers might do for a school district or charter school.
The act requires background checks to be conducted not only on school bus drivers, but also on the drivers of other vehicles owned by school districts and charter schools. For drivers employed or contracted by a pupil transportation company that is under contract with a school district or charter school, the pupil transportation company shall conduct the criminal background check.
This provision is identical to a provision in SS/SCS/HCS/HB 1659 (2024), SCS/HCS/HB 1569 (2024) and HCS/HB 2423 (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. Assisting license holders may be compensated for such assistance as described in the act.
These provisions are identical to provisions in SS/SCS/HCS/HB 1659 (2024) and substantially similar to SB 1340 (2024).
COMMUNITY PARAMEDICS (Section 190.098)
This act modifies provisions relating to certification of community paramedics and the provision of community paramedic services. Currently, community paramedics practice in accordance with protocols and supervisory standards of the ambulance service's medical director. Ambulance services that provide community paramedic services in another ambulance service area shall enter into a written contract to do so. This act repeals these provisions.
Under this act, community paramedic services shall mean those services provided by an entity that employs licensed paramedics certified by the Department of Health and Senior Services as community paramedics for services that are provided in a nonemergent setting, consistent with the education and training of a community paramedic and the supervisory standard approved by the medical director, and documented in the entity's patient care plans or protocols.
Any ambulance service that seeks to provide community paramedic services outside of its service area shall have a memorandum of understanding (MOU) with the ambulance service of that area if that ambulance service is already providing those services or shall notify the ambulance services of that area if that ambulance service is not providing community paramedic services. Emergency medical response agencies (EMRA) may provide community paramedic services in a ground ambulance service's service area. If the ground ambulance service is already providing those services or provides them after the EMRA offers them, then the EMRA and ground ambulance service shall enter into a MOU for the coordination of services.
The Department shall promulgate rules and regulations for the purpose of certifying community paramedic services entities and the standards necessary to provide such services. Certified entities shall be eligible to provide community paramedic services for 5 years.
This provision is identical to a provision in SS/SCS/HCS/HB 1659 (2024) and SCS/SB 1382 (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 provision is identical to SS/SCS/HCS/HB 1659 (2024) and SB 1277 (2024).
LIMITS ON SALE OF OVER-THE-COUNTER DRUGS (Sections 195.417 & 579.060)
Current law prohibits the sale, purchase, or dispensation of ephedrine, phenylpropanolamine, or pseudoephedrine to the same individual in a twelve-month period in any total amount greater than 43.2 grams without a valid prescription. This act changes the total amount to 61.2 grams.
This provision is identical to a provision in SS/SCS/HCS/HB 1659 (2024) and SCS/SB 1485 (2024) and similar to HB 2824 (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 a provision in SS/SCS/HCS/HB 1659 (2024) and SB 1326 (2024).
RESIDENTIAL CARE FACILITIES (Section 198.022)
Under this act, if a residential care facility or assisted living facility is accredited by a recognized accrediting entity, then the facility may submit documentation of its current accreditation status to the Department of Health and Senior Services. If the facility is in good standing, then the Department shall not conduct an annual onsite inspection; provided, that the Department may still conduct an inspection for violations of other standards or requirements.
This provision is identical to provisions in SS/SCS/HCS/HB 1659 (2024), SB 813 (2024), and SB 685 (2023).
CHILDREN'S DIVISION CONTRACTORS (Sections 210.109 and 210.112)
This act permits the Children's Division to contract for services designed to ascertain child safety and provide preventative services. A contractor providing child safety services for a child shall not also be a placement provider for that child.
These provisions are identical to provisions in SS/SCS/HCS/HB 1659 (2024), SCS/SB 229 (2023), and SCS/SB 811 (2024).
Additionally, provisions in service provider contracts with the Division in which the state is indemnified, held harmless, or insured for damages, claims, losses, or expenses arising from any injury caused by or resulting from the state's negligence shall be void as against public policy and unenforceable.
These provisions are identical to provisions in SS/SCS/HCS/HB 1659 (2024) and SCS/SB 811 (2024).
CHILDREN'S DIVISION EMPLOYEES (Section 210.135)
This act modifies existing statutory immunity from liability for certain persons involved with reporting, investigating, or responding to allegations of child abuse or neglect to include employees of the Department of Social Services, as well as to include additional provisions of law under which such individuals' actions may receive immunity from liability.
This provision is identical to provisions in SS/SCS/HCS/HB 1659 (2024), SCS/SB 811 (2024), and SB 458 (2023) and similar to SB 823 (2022).
AMBER ALERT SYSTEM (Section 210.1012)
Under current law, a statewide program called the "Amber Alert System" was established in order to aid in the identification and location of an abducted child.
This act adds that it shall be unlawful to discriminate against any person because of a protected classification when the Department of Public Safety coordinates with local law enforcement agencies and media outlets to identify an abducted child.
This provision is identical to a provision in SS/SCS/HCS/HB 1659 (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 SS/SCS/HCS/HB 1659 (2024) and SCS/HCS/HBs 1706 & 1539 (2024) and substantially similar to a provision in SB 1245 (2024) and SB 1398 (2024).
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 SS/SCS/HCS/HB 1659 (2024), SCS/HCS/HB 2700 (2024), and HB 2640 (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 SS/SCS/HCS/HB 1659 (2024), 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).
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 provisions in SS/SCS/HCS/HB 1659 (2024) and the perfected SS/SB 900 (2024).
PREGNANT OFFENDERS (Section 221.523)
This act provides that by January 1, 2026, all county and city jails shall develop specific procedures for intake and care of pregnant women, including maternal health evaluations, dietary supplements, nutritious meals, substance abuse treatment, HIV treatment, hepatitis C, sleeping arrangements, mental health, sanitary materials, postpartum recovery, and a requirement that a female medical professional be present during examinations.
These provisions are identical to provisions in SS/SCS/HCS/HB 1659 (2024) and substantially similar to provisions in SB 905 (2024) and substantially similar to provisions in 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 a provision in SS/SCS/HCS/HB 1659 (2024), 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, 2025.
This provision is identical to a provision in SS/SCS/HCS/HB 1659 (2024), SCS/SB 1356 (2024), and HB 1870 (2024).
VEHICLES OWNED BY POLITICAL SUBDIVISIONS (Section 301.260)
This act requires political subdivisions to submit certain vehicle information to the Department of Revenue, and receive approval, in order to qualify for an exemption to vehicle titling and registration requirements.
These provisions shall take effect as soon as technologically possible following the development and maintenance of the Department of Revenue's modernized, integrated motor vehicle registration and driver licensing system.
This provision is identical to a provision in SS/SCS/HCS/HB 1659 (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 provision is identical to a provision in SS/SCS/HCS/HB 1659 (2024) and substantially similar to provisions in SB 1476 (2024), SCS/HB 1707 (2024), and the truly agreed to and finally passed CCS/SS/SCS/HCS/HB 1606 (2022).
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 SS/SCS/HCS/HB 1659 (2024) and 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 a provision in SS/SCS/HCS/HB 1659 (2024), 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 a provision in SS/SCS/HCS/HB 1659 (2024), 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).
CHILD CUSTODY ORDERS (Section 452.425)
Under current law, a court may order a party in a divorce proceeding to pay a reasonable amount of court costs and attorney's fees to the other party. This act requires a court in an action to enforce a temporary order or final judgment in a divorce proceeding to order court costs and fees to be paid to the party seeking enforcement by the party against whom enforcement is sought.
This provision is identical to a provision in SS/SCS/HCS/HB 1659 (2024), the perfected SS/SCS/SBs 767 & 1342 (2024), SB 864 (2024), and the perfected SS/SB 128 (2023).
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 SS/SCS/HCS/HB 1659 (2024) and 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, the court may order the person to pay 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 and shall not be construed to abrogate any common law cause of action.
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 substantially similar to provisions in SS/SCS/HCS/HB 1659 (2024), 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 SS/SCS/HCS/HB 1659 (2024), 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 a provision in SS/SCS/HCS/HB 1659 (2024) and 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 a provision in SS/SCS/HCS/HB 1659 (2024) and 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 SS/SCS/HCS/HB 1659 (2024) and 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 SS/SCS/HCS/HB 1659 (2024), 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 identical to a provision in SS/SCS/HCS/HB 1659 (2024) and substantially similar to SCS/SB 1266 (2024).
EXCLUSION OF PERSONAL INFORMATION IN COURT DOCUMENTS (Section 509.520)
Currently, certain 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. This act modifies the provision to include information concerning a witness in a criminal case that is confidential as otherwise provided by law or rule and any other information redacted for good cause by order of the court.
This provision is identical to a provision in SS/SCS/HCS/HB 1659 (2024) and SCS/HB 2064 & HCS#2/HB 1886 (2024).
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 SS/SCS/HCS/HB 1659 (2024), 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 a provision in SS/SCS/HCS/HB 1659 (2024), SCS/SB 1451 (2024), and SB 1368 (2024).
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 a provision in SS/SCS/HCS/HB 1659 (2024) and SCS/SB 1200 (2024) and substantially similar to SS/SCS/SB 74 (2023).
CREDIT FOR JAIL TIME SERVED (Section 558.041)
This act provides that an offender shall receive credit in terms of days spent in confinement upon calculation as provided in the act. The Department of Corrections shall specify the programs or activities in which credit may be earned and the criteria for offenders to participate as provided in the act.
Finally, the offenders may petition the Department to receive credit for programs prior to August 28, 2024, as provided in the act.
These provisions are identical to a provision in SS/SCS/HCS/HB 1659 (2024) and substantially similar to provisions in HCS/HBs 1777, et al (2024), HCS/HBs 119, et al (2023), and to HB 372 (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 SS/SCS/HCS/HB 1659 (2024), 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 SS/SCS/HCS/HB 1659 (2024), SCS/SB 1400 (2024) and substantially similar to HB 2219 (2024).
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/SCS/HCS/HB 1659 (2024), 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 BY AN ILLEGAL ALIEN (Section 569.088)
This act provides that if a person has entered the United States illegally pursuant to federal law and commits an offense of this state or violates an ordinance of a political subdivision, then that person shall also be guilty of the offense of trespass by an illegal alien. This offense is a class E felony if such person violated an ordinance of a political subdivision and a class C felony if the person committed a misdemeanor or felony. This offense shall not apply to a person who maintains authorization from the federal government to remain in the United States.
This provision is identical to HB 2367 (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 SS/SCS/HCS/HB 1659 (2024), SB 1467 (2024), HB 1652 (2024), SB 250 (2023), SCS/HB 2697, et al (2022), and SCS/HB 2088, et al (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 SS/SCS/HCS/HB 1659 (2024), SCS/HCS/HBs 1692 & 1748 (2024), and SCS/HCS/HB 2700 (2024).
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 SS/SCS/HCS/HB 1659 (2024), 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).
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 or carfentanil to more than three milligrams.
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 a provision in SS/SCS/HCS/HB 1659 (2024) and substantially similar to provisions in the perfected 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 a provision in SS/SCS/HCS/HB 1659 (2024), 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 SS/SCS/HCS/HB 1659 (2024), 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.
This provision is identical to a provision in SS/SCS/HCS/HB 1659 (2024).
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 SS/SCS/HCS/HB 1659 (2024), 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, 2025.
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, 2027, unless the Department of Public Safety determines the Task Force should be extended until December 31, 2029 .
This provision is identical to a provision in SS/SCS/HCS/HB 1659 (2024).
MARY GRACE PRINGLE