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CCS SS SCS HCS HBs 2637 & 3155 -- PUBLIC SAFETY
PROSECUTING ATTORNEYS (Sections 27.117 and 56.265)
This bill authorizes prosecuting or circuit attorneys to request
assistance from the the Attorney General to prosecute individuals
for violations of harassment in the first degree, harassment in
the second degree, stalking in the first degree, stalking in the
second degree, cyberharassment, cyberstalking, disclosure of an
intimate digital depiction, or sadistic online exploitation, if
the violation occurred in more than one jurisdiction in the
State.
Currently, the salary schedule for county prosecuting attorneys
excludes charter counties. The bill includes prosecuting
attorneys in chartered counties. The bill repeals the existing
salary schedule for prosecutors in different classes of counties
and replaces it with a flat percentage for prosecutors in the
different class counties. For prosecutors of first or second
class counties or of the City of St. Louis, the salary will be
equal to 100% of the compensation of a circuit judge; for
prosecutors in third or fourth class counties, compensation will
be equal to 100% of the compensation of an associate circuit
judge or, upon approval by a majority of the county commission,
the prosecuting attorney will receive compensation equal to 95%
of the compensation of a circuit judge. Upon approval by a
majority of the county commission, a part-time prosecuting
attorney will receive compensation equal to between 30% and 60%
of the compensation of an associate circuit judge. The bill
allows a county with a vacancy in the office of prosecuting
attorney for more than 60 days to consolidate with one contiguous
county with a sitting prosecuting attorney upon a unanimous vote
of the county commissions of the relevant counties to establish a
cooperative regional prosecuting attorney’s office at any time.
The prosecuting attorney of the contiguous county will then
become the prosecuting attorney of that region for the remainder
of that attorney’s term in office or until the Governor appoints
a prosecutor to fill the vacant position. Regional prosecuting
attorneys will be designated full-time prosecuting attorneys and
will be compensated as provided in this Section. No two counties
that each have a sitting prosecuting attorney will be allowed to
consolidate.
The bill creates the “Missouri State Prosecutorial Services Grant
Fund” and moneys in the Fund will be used for prosecutor salaries
and will be allocated to counties of the third and fourth
classification on the basis of need in order for the counties to
be in compliance with the provisions of this Section.
FINGERPRINTING OF JUVENILES (Section 43.503)
Currently, an arresting officer is required to take fingerprints
to be sent to the central repository if an individual under 17
years of age, who is not currently certified as an adult, is
taken into custody for an offense that would be a felony if
committed by an adult.
This bill requires that an officer take fingerprints from an
individual under 18 years of age for an offense that would be one
of the following if committed by an adult:
(1) A class A or B felony;
(2) A felony sexual offense; or
(3) Two felony offenses arising from distinct acts committed
within one year of each other.
This bill also repeals a provision that requires fingerprint
cards to be made in a manner that does not reveal the juvenile's
name to the central repository. Records of a juvenile who has
been fingerprinted must be closed records.
SHERIFF OF ST. LOUIS (Section 57.540)
Currently, compensation for the attorney for the sheriff of the
City of St. Louis must be not less than $3,000 and not more than
$15,000 per year. This bill provides that the sheriff will set
the rate of compensation for the attorney, and the attorney will
be employed at the pleasure of the sheriff.
JUVENILE DETENTION (Section 211.021, 211.331, 211.341, 211.342, &
211.436)
The bill defines "juvenile detention facility" and specifies that
such facilities do not include a jail or other adult detention
facility unless the juvenile is 18 years of age or older or
unless the juvenile detention facility is operated, administered,
and staffed separately and independently of a jail or other adult
detention facility and used exclusively for the lawful custody
and treatment of juveniles. A juvenile detention facility may be
located in the same building or on the same grounds as a jail or
other adult detention facility if there is specified separation
between the facilities, programs, and staff for adults and
juveniles. The facility can be owned or operated by public or
private agencies.
Currently, circuit judges of a judicial circuit can establish a
place of juvenile detention for the counties within the circuit
court. This bill allows, in the alternative, the governing body
of a county to provide for juvenile detention in coordination
with all other counties within the same circuit court or with all
counties of the same circuit court and all counties of an
adjoining circuit court. The county governing body must approve
an ordinance, order, or resolution authorizing a place of
detention, must approve an agreement between the counties, as
specified in this bill, and must notify the presiding circuit
judge.
The operation and support of a juvenile detention facility
authorized pursuant to this bill must be regulated in accordance
with the rules and standards of the Supreme Court of Missouri
under the governance of the circuit judge. If two or more
counties of adjoining judicial circuits have authorized a place
of detention, the circuit judges must jointly govern the affairs
of the place of detention. Furthermore, the counties authorizing
a place of detention pursuant to this Section may impose, by
order, a sales tax up to 1% on all retail sales after receiving
voter approval, and the proceeds of the sales tax must be used
for providing a juvenile detention facility while the tax is in
effect, as specified in the bill.
This bill repeals a provision in different a truly agreed to and
finally passed bill from this legislative session that provides
that a child must not be placed in leg restraints unless the
child is charged with a class A or class B felony or is
determined to be an immediate safety or flight risk by the
official overseeing his or her custody.
CERTIFICATION OF A JUVENILE AS AN ADULT (Section 211.071)
Currently, if a petition or motion to modify alleges that a child
between 14 and 18 years of age has committed a felony offense,
the court may, upon its own motion or motion by the juvenile
officer, the child, or the child's custodian, order a hearing,
and exercise its discretion to dismiss the motion or petition to
modify and order the child to the court of general jurisdiction.
This bill modifies the provision so that it applies only to
offenses that are a class A or B felony, a felony sexual offense,
or three felony offenses arising from distinct acts committed
within 180 days of each other. Under this provision, the office
of the prosecuting or circuit attorney will also have the
authority to make such a motion and present evidence at any
hearing held on its motion.
The bill provides that, when a juvenile officer forwards to the
prosecuting attorney a class A or B felony that is not certified,
the prosecuting attorney must notify the juvenile officer within
14 days of the decision to certify the case. The prosecuting
attorney has only 14 days to file the motion to certify.
Currently, the juvenile officer may consult with the prosecuting
attorney concerning any offense for which the child could be
certified as an adult. This bill requires the juvenile officer to
consult with the prosecuting or circuit attorney. Additionally,
the prosecuting or circuit attorney must be provided with police
reports, reports of the juvenile or deputy juvenile officer,
statements of witnesses, a copy of the completed Missouri
Juvenile Detention Assessment Form (JDTA) that was used in
determining detention, and all other records or reports relating
to the offense alleged to have been committed by the child. Use
of the JDTA to determine that a child may be held will be used as
a guideline and not be mandatory.
Under this bill, the juvenile officer must consider all legally
sufficient charges submitted by law enforcement when utilizing
the JDTA form and must provide a copy of the form to the law
enforcement agency once a determination has been made.
The bill requires law enforcement agencies who detain juveniles
for offenses where fingerprinting is required to collect
fingerprints and forward detention information to the central
repository. Juvenile officers and the courts of jurisdiction
over juvenile offenders must share adjudication, delinquency, and
custody information with the Missouri Uniform Law Enforcement
System, and such information must be accessible by criminal
justice and law enforcement agencies. Such records maintained by
the central repository must be closed.
JUVENILE COURT PROCEEDINGS (Section 211.319)
This bill provides that juvenile court proceedings for criminal
offenses will not be open to the general public.
PRISON TERMS (Section 217.362, 217.690, 217.760, 557.011,
557.021, 558.011, 558.016, 558.019, 558.026, 558.046, 559.115,
566.060, & 566.125)
The bill repeals provisions that do not consider an offender's
first incarceration in a Department of Corrections long-term
substance abuse program or 120-day program as a previous prison
commitment for the purpose of determining a minimum prison term.
Currently, any felony offense that is defined outside of this
code without a penalty provision is a class E felony. This bill
adds that any such offense must also be subject to the
imprisonment terms of Chapter 558, RSMo.
Currently, when a person is found guilty of a felony and
sentenced, there is a certain percentage range of the sentence
that must be served prior to parole eligibility.
This bill repeals such provisions and provides that offenders
must serve the following percentage of the imposed term prior to
eligibility for parole based upon the felony classification as
follows:
Class A: 70%
Class B: 50%
Class C:
(1) 40% for an offense that requires registration as a sex
offender;
(2) 30% for a first offense that does not require registration
as a sex offender;
(3) 35% for a second such offense; and
(4) 50% for a third or subsequent such offense
Class D:
(1) 25% for an offense that requires registration as a sex
offender;
(2) 20% for a first offense that does not require registration
as a sex offender;
(3) 25% for a second such offense; and
(4) 50% for a third or subsequent such offense
Class E:
(1) 25% for an offense that requires registration as a sex
offender;
(2) 15% for a first offense that does not require registration
as a sex offender;
(3) 20% for a second such offense; and
(4) 50% for a third or subsequent such offense
This bill also removes references to the minimum percentage
ranges and replaces them with references to the eligibility
percentages established in these provisions. This bill requires
a person who is sentenced to concurrent sentences to serve the
minimum required percentage of the longest sentence prior to
parole eligibility. A person who is sentenced to consecutive
sentences must serve the minimum percentage for each felony prior
to parole eligibility.
Currently, there are certain offenses that contain higher parole
eligibility percentages than those listed above. These higher
percentages are unaffected by these new eligibility percentages,
as are offenses where a suspended imposition of sentence is
imposed or where the matter is referred to an adult treatment
court. This bill instead requires a person that is sentenced to
the term of imprisonment for a higher class than the one for
which he or she was found guilty due to his or her status as a
prior or persistent offender, to serve the parole eligibility
percentage of the higher class.
Any person found guilty of a dangerous felony must serve 85% of
the imposed sentence prior to parole eligibility. This bill
provides that a sentence of life imprisonment will be calculated
to be 30 years. Any sentence either alone or in the aggregate
with other consecutive sentences for offenses committed near the
same time that is over 75 years will be calculated to be 75
years.
Currently, a court may sentence a person to an extended term of
imprisonment if certain conditions are met. This bill requires
that the court sentence a person to an extended term of
imprisonment if certain conditions are met.
PROTECTION ORDERS (Sections 455.050 and 455.098)
This bill adds cyberstalking to the list of offenses for which a
full or ex parte order of protection may be granted to a
petitioner.
The bill gives a court jurisdiction to, upon the request of a
victim or prosecuting or circuit attorney at the time of
sentencing, 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 bill
describes the effect and process for implementing such a
protection order.
SEX OFFENDER REGISTRY (Sections 43.500, 43.503, 43.506, 43.509,
43.526, 43.530, 527.270, 589.400, 589.401, 589.403, 589.404,
589.405, 589.407, 589.410, 589.411, 589.412, 589.413, 589.414,
589.415, 589.417 & 589.425)
The bill prohibits a person required to register on the Missouri
sex offender registry from changing his or her name while
required to register. Additionally, the person’s biological sex
as designated on the birth certificate will be listed as the
person’s sex on the registry.
The bill moves references to the Highway Patrol’s role in
maintaining the sex offender registry from Chapter 43 to 589, so
it is with the other sections related to the registry.
This bill modifies provisions relating to the sex offender
registry. Instead of listing certain sexual offenses, this bill
provides that any person who, since July 1, 1979, has been or is
adjudicated for a tier I offense, tier II offense, or tier III
offense in this state or in any other state, territory, the
District of Columbia, foreign country, or federal, tribal or
military jurisdiction will be required to register as a sex
offender.
Offenders will be classified as a tier I, tier II, or tier III
offender. To the extent more than one tier definition applies,
the highest tier will be the applicable tier for the offender.
This bill also provides that certain juvenile offenders and
certain offenders who live or work in Missouri with registration
requirements by other jurisdictions will be assigned a tier,
which will be only for the purposes of registration appearance
frequency and removal eligibility. The initial determination as
to the tier will be made by the registration official and the
MSHP will analyze the tier designation for accuracy.
This bill additionally provides that any sex offender with a
primary residence outside of Missouri who has a temporary
residence in Missouri in which he or she resides for more than a
part-time period must register for the duration of the offender's
temporary residency. This bill also provides that a nonresident
sex offender who works or is a nonresident student in this state
must register in the county where the status requiring
registration occurs for the duration of the offender's employment
or attendance at any school of higher education as long as the
status requiring registration remains active.
The jurisdiction, in addition to the Attorney General, can
certify appropriate sex offender treatment programs for purposes
of reductions in registration periods. Additionally, if records
of program completion are unavailable, and completion of the
program that was required as a term of probation, an order
discharging the sex offender from probation, or other record
acknowledging satisfactory completion of probation will
constitute evidence of successful competition.
This bill modifies provisions relating to removal from
registration for a person required to register because of an
offense adjudicated in another jurisdiction. The person must
file the petition or complaint for removal, termination, or
relief from registration, or the declaratory judgment providing
for removal, termination, or relief, instead of filing a petition
for removal, according to the laws of the adjudicating
jurisdiction. Upon the entry of a judgment, rather than a grant
of a petition for removal, providing that the person is no longer
required to register, the judgment can be registered in this
State by providing the information required by current law.
Additionally, the person may file a petition for removal from
this State’s sexual offender registry and satisfy the
requirements for removal based on adjudication in another state
if certain requirements specified in the bill are satisfied.
Currently, if a petition for removal is denied, no successive
petition will be filed for at least five years from the judgment
date of a petition. If the denial was based on a statute or law
that has since been amended, repealed, or invalidated, a person
can file a petition within the five-year period.
This bill repeals the provisions relating to someone being
removed from the sex offender registry for certain offenses that
were nonsexual in nature as specified in the bill. The bill also
modifies the list of offenses that exempts offenders who meet the
other requirements provided in current law from registration. An
offender will have the burden of proving that the requirements
for exemption are met.
The chief law enforcement registration official must enter,
rather than forward to MSHP, the completed offender registration
forms and related updates into the online sex offender registry
within three days. MSHP must ensure the information entered into
the registry is accessible through the Missouri Uniform Law
Enforcement System and forwarded to the National Crime
Information Center. MSHP must also regularly update the web page
to remove persons who have been removed or exempted, persons
deceased, or persons who have moved out of state. Lastly, this
bill modifies certain information related to sex offenders and
the metadata of the sex offender registry that is considered as
an open or closed record under Missouri Sunshine Law.
The bill adds offenses to the sex offender registry, including:
grooming or enticement of a minor; possession of child sexual
abuse material; nonconsensual dissemination of private sexual
images if the victim is 17 years old or under or if coercion of
the victim was sexual in nature; and threatening the
nonconsensual dissemination of private sexual images if the
victim is 17 years old or under or if coercion of the victim was
sexual in nature.
The bill makes the offense of failing to register as a sex
offender for a third time a class A felony; it is currently an
unclassified felony.The bill repeals a statute that allows the
chief law enforcement officer of a county or of St. Louis City to
maintain a separate web page that will function as a sex offender
registry.
CERTAIN CRIMINAL OFFENSES (Sections 544.667, 565.002, 565.050,
565.052, 565.054, 565.056, 565.072, 565.073, 565.074, 565.076,
565.090, 565.091, 565.225, 565.227, 565.260, 565.400, 565.405,
573.570 & 573.575)
The bill specifies that a person who violates any condition of
release that imposes no contact with specific individuals will be
guilty of a class A misdemeanor.
The bill adds definitions for "bodily harm", "great bodily harm",
"substantial bodily harm", and "technological abuse conduct" to
the existing criminal code definitions. The term "bodily harm"
replaces the term "physical injury", and the term "great bodily
injury" replaces the term "serious physical injury" in the
assault statutes.
The bill enhances the penalty for harassment in the first degree
to a class D felony if the defendant has been previously found
guilty of harassment in the first degree or in the second degree
or if he or she has previously been found guilty of an offense in
another state that would be harassment in the first or second
degree in Missouri. The bill enhances the penalty for harassment
in the second degree to a class E felony if the defendant has
been previously found guilty of harassment in the first degree or
in the second degree or if he or she has previously been found
guilty of an offense in another state that would be harassment in
the first or second degree in Missouri.
The bill amends the offense of stalking in the first degree to
remove disturbs or follows with the intent to disturb another
person as an element, remove references to certain courses of
conduct and replace with effects on the victim, and include
through technological abuse conduct. The bill amends the offense
of stalking in the second degree to include engaging in
technological abuse conduct to commit the offense, and to replace
language related to the intent of the offender with language
related to the effect on the victim.
This bill establishes the offense of unlawful tracking of a motor
vehicle, which a person commits if the person knowingly installs,
conceals, or otherwise places an electronic tracking device in or
on a motor vehicle without the consent of all owners of the
vehicle.
There are several exceptions to the offense, as described in the
bill, including, but not limited to, for the purposes of a
criminal investigation, for participation in voluntary usage-
based insurance programs, at the discretion of a parent or legal
guardian, or if the vehicle is being repossessed.
The offense of unlawful tracking of a motor vehicle is a class A
misdemeanor for the first offense and a class E felony for a
subsequent offense.
The bill establishes the offense of cyberharassment, which a
person commits if he or she purposely or knowingly engages in a
threatening, aggressive, or otherwise fear-inducing course of
conduct by using digital, internet, or other electronic
technology to cause reasonable fear, alarm, anxiety, undue
stress, or terror to others by repeated contact with no
legitimate purpose. The first violation of this offense is a
class B misdemeanor and a subsequent violation is a class A
misdemeanor.
The bill establishes the offense of cyberstalking, which a person
commits if he or she purposely or knowingly engages in a
threatening, aggressive, or otherwise fear-inducing course of
conduct by using digital, internet, or other electronic
technology to enhance the ability to intimidate, track, follow,
or cause reasonable fear, alarm, anxiety, undue stress, or terror
to others. A first violation of this offense is a class A
misdemeanor and a subsequent violation is a class E Felony.
The bill also establishes the criminal offense of disclosure of
an intimate digital depiction, which a person commits if the
person discloses or threatens to disclose an intimate digital
depiction: with the intent to harass, annoy, threaten, alarm, or
cause harm to the depicted individual; or with the actual
knowledge that, or reckless disregard for whether, the disclosure
or threatened disclosure will cause harm to the depicted
individual.
The bill lists the penalties associated with the offense of
disclosure of an intimate digital depiction, as well as whether
certain defenses can be applied to the offense.
The bill creates the offense of sadistic online exploitation,
which a person commits if he or she uses the internet or engages
in physical or non-physical coercion manipulation, or
intimidation of a victim for purposes specified in the bill. The
offense is a class E felony.
DANGEROUS FELONIES (Section 556.061)
This bill modifies the definition of "dangerous felony" regarding
statutory rape in the first degree and statutory sodomy in the
first degree. The requirement that the victim of statutory rape
in the first degree or sodomy in the first degree be under 12
years of age for the offense to be a dangerous felony is removed.
A person found guilty of a "dangerous felony" must serve 85% of
the sentence prior to eligibility for parole. Additionally, the
bill adds the following offenses to the definition of "dangerous
felony":
(1) Abuse through forced labor;
(2) Trafficking for the purposes of slavery, involuntary
servitude, peonage, or forced labor, or the attempt of such
offense;
(3) Trafficking for the purposes of sexual exploitation, or the
attempt of such offense, when the offense was effected by force,
abduction, or coercion;
(4) Sexual trafficking of a child in the first degree;
(5) Sexual trafficking of a child in the second degree;
(6) Third offense of failing to register as a sex offender; and
(7) Endangering the welfare of a child in the first degree.
JAIL TIME CREDIT (Section 558.031)
This bill modifies jail time credit. This bill requires the form
developed by the Office of the State Courts Administrator for
offenders committed to DOC to include a sentencing calculation,
including jail time credit supplemented by a certificate of a
sheriff or custodial officer. The bill further requires the
court, when pronouncing a sentence, executing a suspended
sentence, or suspending the imposition of a sentence, to record
as part of the judgment the number of days before the
pronouncement of the sentence that the person was in custody
related to the offense. Time in custody related to an offense
means the time in which the offense was charged in a criminal
proceeding, an arrest warrant was issued and served upon the
person, and includes time served on house arrest. Time when a
person was out on bond or otherwise released is not to be
included.
Under this bill, the court can take judicial notice of any time
the defendant has served in custody by comparing arrest warrant
service dates with files of release. Any defendant that was held
in a juvenile detention facility prior to adjudication to stand
trial as an adult may make a motion to receive credit for time
served in such facility.
Credit for time spent in prison, jail, or custody after an
offense occurs but before commencement of a sentence is currently
mandatory and the total amount of credit awarded must not exceed
the number of days spent in prison, jail, or custody. The bill
removes these two provisions.
Under this bill, a person may challenge jail time credit awarded
or not awarded only by filing a petition for a writ of habeas
corpus.
SEXUAL OFFENSES (Section 566.030, 566.032, 566.060, 566.103,
566.203, 566.209, 566.210, 566.211, 568.045, 568.060 & 589.425)
Currently, the offense of rape in the first degree has a penalty
of five years unless certain factors are present. This bill
modifies this provision by classifying it as a class A felony and
increasing the penalty to 10 years but not more than 30 years.
Currently, if rape in the first degree is an aggravated sexual
offense the authorized term of imprisonment is life imprisonment
or a term of years not less than 15 years. This bill removes "a
term of years not less than 15 years" and adds "life imprisonment
without eligibility for probation or parole.
Currently, a person that was found guilty of rape in the first
degree when the child was less than 12 years old, was not
eligible for probation or parole until the offender has served at
lease 30 years of their sentence or has reached the age of 75
years and served at least 15 years of their sentence. This bill
removes the eligibility for probation or parole.
The authorized term of imprisonment for statutory rape in the
first degree, currently, is life imprisonment or a term of not
less than five years. This bill increases the term to not less
than 10 years. Currently, if statutory rape is an aggravated
sexual offense the penalty is life imprisonment or a term of
years not less than 10 years. This bill increases the term to
not less than 15 years.
Currently, a person that is found guilty of sodomy in the first
degree when the child was less than 12 years old, must be
sentenced to life imprisonment and is not eligible for probation
or parole until the offender has served at least 30 years of
their sentence or has reached the age of 75 years and served at
least 15 years of their sentence. The bill removes the
eligibility for probation or parole.
Currently, the offense of promoting online sexual solicitation is
an unspecified felony punishable by a fine. This bill provides
that the offense must be a class E felony, and is punishable by
imprisonment, fine, or both.
Currently, the offense of abusing an individual through forced
labor carries a penalty of five years to life imprisonment if
death results from the offense or if the offense includes
kidnapping or an attempt to kidnap, sexual abuse punishable by a
class B felony, or an attempt to kill. This bill increases the
penalty to 10 years to life imprisonment.
This bill adds "intoxicating or inhibiting substances" to the
list of means a person can use to commit the offense of
trafficking for the purposes of sexual exploitation.
Currently, the offense of sexual trafficking of a child in the
second degree if effected by force, abduction, or coercion,
carries a penalty of life imprisonment without eligibility for
parole until the defendant has served at least 25 years. This
bill modifies that provision by requiring that the defendant
serve at least 85% of a life sentence.
Currently, a person commits the offense of endangering the
welfare of a child if the person commits certain acts regarding a
child that is less than 17 years old. This bill provides that a
person commits the offense of endangering the welfare of a child
if they commit certain acts regarding a child that is less than
18 years old.
Currently, the offense of abuse or neglect of a child is a class
D felony without eligibility for probation, parole, or
conditional release until the defendant has served at least one
year of their sentence. The bill removes the provision
specifying probation, parole, or conditional release requires the
defendant to serve one year of such sentence.
This bill classifies failing to register a sex offender as a
third offense as a class A felony. Currently, a person convicted
of failing to register a sex offender as a third offense is
eligible for conditional release of parole after serving at least
two years of imprisonment. This bill repeals that provision.
UNMANNED AIRCRAFT (Sections 577.800, 589.900 & 589.902)
Currently, a person commits the offense of unlawful use of an
unmanned aircraft if he or she operates an unmanned aircraft
within a certain distance from an open-air facility. Currently,
the definition of "open-air facility" includes entertainment
facilities with a capacity of 5000 people or more. This bill
expands that definition to entertainment facilities with a
capacity of 500 people or more.
The bill amends the offense of unlawful use of an unmanned
aircraft to include when a person uses an unmanned aircraft
within the boundary of a critical infrastructure facility or when
a person operates an unmanned aircraft within a vertical distance
of 400 feet from the ground and within the property line of a
critical infrastructure facility to commit a crime.
Currently, an employee of an open-air facility is permitted to
operate an unmanned aircraft at the direction of the president or
chief executive officer of the facility. This bill adds owners
or operators of the facility, including critical infrastructure
facilities, it specifies that it is for the purpose of
monitoring, inspecting, operating, or maintaining the facility,
and removes the requirement that must be at the direction of the
president or chief executive officer of the facility.
The bill adds delivering any explosive device or material to the
offense of unlawful use of unmanned aircraft as a class B felony.
This bill authorizes a peace officer certified in accordance with
Federal requirements to conduct unmanned aircraft and unmanned
aerial system mitigation to take necessary mitigation measures,
specified in the bill, in a manner consistent with the Missouri
Constitution against an imminent threat posed by an unmanned
aircraft system to public safety or when the unmanned aircraft
system is involved in criminal activity.
MENTAL HEALTH PROGRAMS FOR FIRST RESPONDERS (Section 590.192)
Under current law, all peace officers and first responders are
required to have a mental health check-in with a program service
provider once every three to five years. This bill allows a
peace officer or first responder to satisfy this requirement or
complete a department-established behavioral health or mental
health program that meets enumerated requirements. This bill
also adds first responder commanding officers to the list of
people approved to receive notification that the check-in
requirement has been met.
DEPARTMENT OF MENTAL HEALTH (Sections 632.305, 632.489, 632.492,
632.495, 632.504, 632.520, 632.580, 632.585, 632.590, 632.593,
632.595, 632.600, 632.605 & 632.610)
The bill modifies notarization requirements for applications for
detention for evaluation and treatment at a mental health
facility. Under this bill, no notarization will be required for
the application or any affidavits, declarations, or other
supporting documents filed under certain provisions of law,
including when filed in court by an adult, when a peace officer
takes a person into custody for detention at the facility for a
period of 96 hours, when a person presents themselves at the
facility and the health care provider completes the application,
or if the person executing the application is an employee acting
on behalf of a hospital.
Currently, if a person determined by a court to be a sexually
violent predator is ordered to the Department of Mental Health
(DMH), the Director of the Department determines the appropriate
secure facility. This bill adds the Department of Corrections
(DOC) as an option for an appropriate secure facility. The bill
allows DMH to enter into an interagency agreement with DOC to
confine persons determined to be sexually violent predators who
have been ordered to DMH or for persons ordered to DMH after a
finding of probable cause that the person is a sexually violent
predator, as long as DOC has enough space and services available
and the Director of DOC has agreed to provide the confinement
through an interagency agreement with DMH. The interagency
agreement will also be for the control and care, including health
care services, of the persons committed to DMH as sexually
violent predators. Persons who are under the control and care of
DOC under an agreement wit DMH must be housed and managed
separately from offenders in the custody of DOC and must be
segregated from such offenders except for occasional instances
of supervised incidental contact. If DMH and DOC have entered
into an interagency agreement, DOC is authorized to enter into
one or more contract agreements as may be necessary to perform
the agreed-upon responsibilities of DOC under the interagency
agreement, as provided in the bill. DOC is also authorized to
enter into one or more contract agreements with one or more
licensed professionals or providers of health care services to
provide health care services for the sexually violent predators
housed in DOC. DMH is authorized to enter into one or more
contract agreements with one or more licensed professionals or
providers of health care or mental health care services to
provide health care or mental health care services to the persons
ordered to DMH as sexually violent predators.
This bill establishes procedures for authorizing or continuing an
individual's assisted outpatient treatment. A petition in court
for such treatment may be filed by individuals specified in the
bill. A court may issue an order requiring the individual to
participate in assisted outpatient treatment if the individual is
at least 18 years of age, is suffering from a mental disorder,
will not obtain treatment in the community voluntarily, and is
unable to make an informed decision to see or comply with
voluntary treatment. Additional grounds for ordering treatment
will consider the necessity of treatment to prevent a
deterioration in the individual's mental illness likely to result
in harm to the individual or others or the individual's history
of lack of compliance with treatment for the illness, as
described in the bill.
The bill sets forth the procedures for the hearing process,
including the option for a jury trial. If the court or jury
finds, by clear and convincing evidence, that the individual
meets the criteria for assisted outpatient treatment and that an
appropriate mental health program has agreed to accept the
individual, the court will issue an order requiring the
individual to participate in treatment for a period not to exceed
two years, unless extended by the court as described in the bill.
Current provisions of law exempting certain professionals from
civil liability for investigating, detaining, transporting,
conditionally releasing, or discharging a person will apply to
assisted outpatient treatment under this bill.
The court will assign a case manager from a certified community
behavioral health clinic to each individual ordered to
participate in assisted outpatient treatment. The case manager
and individual must report to the court at least once every 90
days.
If a court determines that the individual is not complying with
an order of assisted outpatient treatment, the court may order,
without a hearing, that the individual be evaluated at a
community mental health center, be hospitalized in a psychiatric
hospital for a period of not more than 10 days, and potentially
be hospitalized for longer upon the recommendation of the
community mental health center, provided such extended
hospitalization does not exceed the duration of the order for
assisted outpatient treatment or 90 days, whichever is less. If
the individual objects to such hospitalization, the court will
schedule a hearing as described in the bill.
Beginning December 1, 2028, the Office of State Courts
Administrator will submit an annual report to the General
Assembly regarding certain statistics of individuals receiving
treatment under this bill and the impact of such treatment on
hospitalization and incarceration rates.
EFFECTIVE DATES (Sections B, C & D)
This bill contains a severability clause, an emergency clause,
and two delayed effective dates for various sections. |
