HB 1464
Modifies provisions relating to vulnerable persons
Sponsor:
LR Number:
3110H.02P
Last Action:
4/23/2025 - SCS Voted Do Pass S Judiciary and Civil and Criminal Jurisprudence Committee (3110S.03C)
Journal Page:
Title:
HCS HB 1464
Effective Date:
August 28, 2025
House Handler:

Current Bill Summary

SCS/HCS/HB 1464 - This act modifies several provisions relating to vulnerable persons.

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).

JUVENILE OFFENDER DETAINMENT (Sections 211.033, 211.072, 219.021, and 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 SB 143 (2025), SS/SCS/HCS/HB 1659 (2024), SCS/HCS/HB 2700 (2024), and HB 2640 (2024).

RESTRAINTS ON CHILDREN IN JUVENILE COURT (Section 211.436)

This act provides that a child shall not be restrained during a juvenile court proceeding and, if restrained, the restraints shall be removed prior to the child's appearance before the court, unless the court finds the restraints are necessary, as described in the act.

If the juvenile officer believes there is an immediate safety or flight risk and needs to restrain the child, the juvenile officer shall advise the child's attorney and make a request in writing prior to the hearing in which the officer wishes the child to be restrained. If the request for restraints is made by the juvenile officer, the court shall order a hearing and allow the child's attorney an opportunity to be heard. If restraints are ordered, the court shall provide facts in support of the order.

If restraints are used, the restraints shall allow the child limited movement to read and handle documents and writings necessary to the proceeding. Under no circumstances shall the child be affixed by use of a restraint to a stationary object.

This provision is identical to SB 718 (2025), HB 782 (2025), and HCS/HB 1505 (2025).

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)

This act modifies the offenses included in the definition of "childhood sexual abuse" for civil actions to recover damages from injury or illness caused by childhood sexual abuse. The act shall apply to any action commenced on or after August 28, 2025.

This act also provides that a nondisclosure agreement by any party to a childhood sexual abuse action shall not be judicially enforceable in a dispute involving childhood sexual abuse allegations or claims and shall be void.

This provision is substantially similar to SS/SB 43 (2025) and 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.

CIVIL ACTIONS FOR ADULT CABARET PERFORMANCES (Section 537.048) This act establishes a civil action brought by a resident of a city, town, or village where an adult cabaret performance is conducted against an adult cabaret performer whose adult cabaret performance contains actions or material that, proven by a preponderance of the evidence, appeal to a prurient interest in sex and occur on public property or in a location that could be viewed by a person under the age of 18. The court may award damages or injunctive relief as it deems appropriate, but no damages, except for nominal damages, shall be awarded in more than one action arising out of a single occurrence.

This provision is identical to a provision in SCS/SB 295 (2025).

OFFENSE OF ENGAGING IN AN ADULT CABARET (Sections 573.010 and 573.520)

This act creates the offense of engaging in an adult cabaret performance if such performance is on public property or in a location where the performance could be viewed by a person who is not an adult.

Such offense shall be a class A misdemeanor for the first offense and a class E felony for any subsequent offense.

This provision is identical to a provision in SB 295 (2025) and is similar to provisions in HB 722 (2025), SB 949 (2024), in HB 1650 (2024), in HB 1849 (2024), in HB 2300 (2024), in HCS/HB 494 (2023), and SB 693 (2023).

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 twenty years or life.

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

Additionally, the defendant is not eligible for parole if the offense of sex trafficking of a child in the second degree 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.

Under this act, the offense 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).

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 a provision in SB 143 (2025) and HB 2367 (2024).

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 SB 143 (2025), 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).

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).

CYBER CRIME INVESTIGATION FUND (Section 650.120)

This act extends, from December 31, 2024, to December 31, 2034, the sunset date of the grant program created under the Cyber Crime Investigation Fund.

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.