HB 1464
Modifies provisions relating to the protection of vulnerable persons
Sponsor:
LR Number:
3110H.02P
Last Action:
3/24/2025 - Second Read and Referred S Judiciary and Civil and Criminal Jurisprudence Committee
Journal Page:
Title:
HCS HB 1464
Effective Date:
August 28, 2025
House Handler:

Current Bill Summary

HCS/HB 1464 - This act modifies several provisions relating to the protection of vulnerable persons, including: (1) references to certain sexual offenses; (2) the Statewide Council Against Trafficking; (3) classification of minors for orders of protection; (4) the admissibility of evidence in criminal cases; (5) pretrial witness protection; (6) actions for childhood sexual offenses; (7) statute of limitations for certain sexual offenses; (8) sexual offenses; (9) Attorney General assistance with child trafficking cases; (10) restitution for sexual trafficking offenses; (11) the closure of certain records relating to minors; and (12) expungement.

REFERENCES TO CERTAIN SEXUAL OFFENSES (Sections 43.656, 67.2540, 168.071, 210.1080, 324.012, 329.050, 339.100, 542.301, 566.010, 566.147, 566.148, 566.149, 566.150, 566.155, 573.010, 573.023, 573.025, 573.037, 573.038, 573.050, 573.052, 573.215, 589.042, 589.400, 589.414, 650.120, and 660.520)

This act repeals references to child pornography and offenses relating to child pornography and adds references to child sexual abuse material and offenses relating to child sexual abuse material. Additionally, this act provides that "child sexual abuse material" shall include any anatomically correct doll with features that resemble those of a minor intended to be used for the purpose of gratifying the sexual desire of any person or to cause emotional distress to a person.

This act also repeals references to sexual contact with a prisoner or offender and adds references to sexual conduct in the course of public duty.

These provisions are identical to provisions in SB 148 (2025) and SB 1245 (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 coordinate a statewide effort against the trafficking of adults and children within the state. The Attorney General shall service as chairperson of the Council and shall hold an initial meeting before October 27, 2025. Finally, this act creates the "Commercial Sexual Exploitation of Children Education and Awareness 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 similar to a provision in SB 148 (2025), SB 143 (2025), SB 284 (2025), SB 755 (2025), the perfected HCS/HBs 1706 & 1539 (2024), and SB 1245 (2024).

CLASSIFICATION OF MINORS FOR ORDERS OF PROTECTION (Sections 455.010, 455.035, and 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 SB 755 (2025), SB 284 (2025), SCS/HCS/HBs 1706 & 1539 (2024), SB 897 (2024), CCS/HCS/SS/SCS/SB 72 (2023), HCS/HB 355 (2023), HB 981 (2023), SCS/HCS/HBs 994, 52 & 984 (2023), and HCS/HB 1559 (2022).

ADMISSIBILITY OF 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 substantially similar to provisions in SB 148 (2025), SB 755 (2025), the perfected HCS/HBs 1706 & 1539 (2024), SB 1245 (2024), SCS/HCS/HB 2700 (2024), SCS/SB 897 (2024), SB 906 (2024), the perfected HCS/HB 454 (2023) and to provisions in the perfected HS/HCS/HBs 1108 & 1181 (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 SB 755 (2025), SB 284 (2025), and SCS/HCS/HBs 1706 & 1539 (2024) and substantially similar to SCS/SB 1266 (2024).

ACTIONS FOR CHILDHOOD SEXUAL OFFENSES (Sections 537.046, 537.047, and 537.054)

Currently, a civil action for recovery of damages suffered as a result of childhood sexual abuse shall be brought within ten years after the victim reaches the age of twenty-one or within three years of the victim discovering that the injury or illness was caused by childhood sexual abuse, whichever is later. This provision applies to any cause of action commenced on or after August 28, 2004, including any action barred by the statute of limitation applicable prior to that date.

This act applies this cause of action to any action commenced on or before August 28, 2025, and does not include any action barred by the statute of limitations prior to that date. Additionally, a nondisclosure agreement by any party to any child sexual abuse claim shall not be judicially enforceable in a dispute involving child sexual abuse.

This provision is similar to a provision in SS/HCS/HBs 737 & 486, as amended (2025), SB 148 (2025), SB 1245 (2024) and similar to SB 831 (2024), SB 416 (2023), and HCS/HB 367 (2023).

Additionally, this act modifies the cause of action for persons who were victims of child pornography when they were a child. Current law permits actions to be commenced within ten years of the plaintiff attaining the age of twenty-one, or within three years of the date the plaintiff discovers, or reasonably should have discovered, that the injury or illness was cause by child pornography, and only if the violation that causes the injury occurs on or after August 28, 2007. This act permits actions to be commenced within twenty years of the plaintiff attaining the age of twenty-one, or within three years of the date the plaintiff discovers, or reasonably should have discovered, that the injury or illness was cause by child pornography, and only if the violation that causes the injury occurs on or after August 28, 2025.

Finally, this act creates a new cause of action to recover damages from injury or illness cause by child sex trafficking. Such cause of action shall be commenced within twenty years of the plaintiff attaining the age of twenty-one or within three years of the date the plaintiff discovers, or reasonably should have discovered, that the injury or illness was cause by child sex trafficking. This provision shall apply to any action commenced on or after August 28, 2025.

STATUTE OF LIMITATIONS FOR CERTAIN SEXUAL OFFENSES (Section 556.039)

This act provides that sexual trafficking offenses involving a person 19 years or older shall be commenced no later than 20 years after the commission of the offense.

This act also provides that the offenses of abusing an individual through forced labor, trafficking for the purpose of slavery, and the offense of patronizing a victim of sexual servitude of any person 18 years or younger shall be commenced no later than 20 years after the commission of the offense.

This provision is identical to a provision in SB 755 (2025) and substantially similar to a provision in SB 284 (2025).

SEXUAL OFFENSES (Sections 566.151, 567.030, 566.210, and 566. 211)

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 SB 148 (2025), SB 755 (2025), SB 1245 (2024), SCS/SB 897 (2024), SB 906 (2024), the perfected HCS/HBs 1706 & 1539 (2024), the perfected HS/HCS/HBs 1108 & 1181 (2023), SCS/HB 2697, et al (2022), SCS/HB 2088, et al (2022), HB 1637 (2022), and HB 2590 (2022).

Currently, a person commits the offense of sex trafficking of a child in the first degree if he or she knowingly recruits, entices, harbors, transports, provides, or obtains a person under the age of twelve to participate in a commercial sex act, performance, or production of explicit materials; causes a person under the age of twelve to engage in commercial sex acts, performances, or production of explicit materials; or advertises the availability of a person under the age of twelve for such acts. This act changes the act to a person under the age of fourteen.

Additionally, the sentence for this offense in current law is life imprisonment without parole until the offender has served at least twenty-five years of the sentence. This act changes the sentence to life imprisonment without parole until the offender has served at least thirty years of the sentence.

This provision is identical to a provision in the truly agreed to and finally passed SS#2/SCS/HCS#2/HB 495 (2025).

Currently, the offense of sex trafficking of a child in the second degree carries a sentence of at least ten years or life. This act changes that sentence to at least fifteen years or life. Additionally, the defendant is not eligible for parole if the offense was effected by force, abduction, or coercion until the defendant has served at least twenty-five years of the sentence. This act changes that to at least thirty years of the sentence.

This provision is substantially similar to a provision in the truly agreed to and finally passed SS#2/SCS/HCS#2/HB 495 (2025).

Under this act, the offense of sex trafficking of a child in the second degree by a parent, legal guardian, or other person having custody or control of a child is a felony for which the sentence is life imprisonment.

This provision is identical to a provision in SB 148 (2025) and SB 1245 (2024).

ATTORNEY GENERAL ASSISTANCE WITH CHILD TRAFFICKING CASES (Section 566.201)

This act provides that a prosecuting or circuit attorney may request assistance from the Attorney General to assist in the prosecution of child sex trafficking cases and may utilize any resource of the Attorney General to prosecute such cases.

This provision is identical to a provision in SB 148 (2025) and SB 1245 (2024).

RESTITUTION FOR SEXUAL TRAFFICKING OFFENSES (Section 566.218)

This act provides that any real or personal property used in the commission of a sexual trafficking offense may be seized and forfeited subject to the Criminal Activity Forfeiture Act. Any remaining proceeds from the sale of the property after satisfying any liens shall go to the victims of sexual trafficking.

This provision is substantially similar to a provision in SB 148 (2025), SB 1245 (2024), and SB 906 (2024).

THE CLOSURE OF CERTAIN RECORDS RELATING TO MINORS (Section 610.021)

Under this act, a public body is authorized to close any portion of a record that contains individually identifiable information of a minor held by a public governmental body if that body is a city, town, village, or park board except when the records are requested by the Division of Labor Standards within the Department of Labor and Industrial Relations for the purpose of enforcing state laws relating to child labor.

This provision is identical to HB 145 & 59 (2025).

EXPUNGEMENT (Section 610.131)

Under current law, a person who was under the age of 18 who was coerced into prostitution may petition to have his or her record expunged for the offense of prostitution.

This provision repeals the "under the age of 18" provision.

This provision is identical to a provision in SB 755 (2025), SB 284 (2025), and the perfected HCS/HB 2688 (2024).

SARAH HASKINS

Amendments

No Amendments Found.