Legislative Update: Governor to act on state budget, criminal law highlights

Today, Friday, June 30, 2023, is the deadline for Governor Parson to sign the bills making up the state operating budget for Fiscal Year 2024 (July 1, 2023, to June 30, 2024).  The legislature approved a $50.7 billion spending plan in May, but the governor has the constitutional authority to veto specific line items and make expenditure restrictions (“withholds”) in certain circumstances.  Next week’s update will feature highlights from House Bill 12, which includes state appropriations for the judiciary and the Office of State Public Defender.

Office of Administration – Appropriation Bills (Fiscal Year 2024)

Apart from the appropriation bills, Governor Parson has signed ten regular bills into law, leaving six House bills and twenty-five Senate bills on which he must take action before the deadline of July 14, 2023.  Unless otherwise provided in the bill itself (with an emergency clause or a delayed effective date), the effective date of any approved legislation will be Tuesday, August 28, 2023.  The legislature will automatically reconvene on Wednesday, September 13, 2023, to reconsider any vetoed bills.  The effective date of legislation passed over a veto would be October 13, 2023 (unless the bill provides otherwise or veto session lasts more than a single day).        

102nd General Assembly, 1st Regular Session (2023)

Rev. 6/29/2023

On The Missouri Bar’s Legislative Engagement Center, members have access to finding aids to help them navigate this year’s Truly Agreed legislation and keep track of what has been enacted into law.  A listing of Truly Agreed bills, with section-by-section outlines, is available for download as PDF document (“2023 TAFP Bills – Outlines”).  In addition, the collected text of the 2023 Truly Agreed legislation is also available for download as a bookmarked PDF (“2023 TAFP Bills – Bill Text”).  Additional finding aids or information will be added as bill reviews are completed.  A complete breakdown and summaries of the 2023 Truly Agreed To and Finally Passed Legislation will be available to members in the next issue of the Legislative Digest (prior to the August 28, 2023, effective date of most new laws). 

The following link leads to a list of bills introduced during the 2023 Regular Session relating to criminal law and criminal procedure (Criminal Law – 2023 Introduced Legislation).  From it, you can view the legislative progress and last action taken on any bill.  The bill numbers are hyperlinks to the legislative webpage for each individual bill.  A great many bills of particular interest were not passed this session, but they are quite likely to be reintroduced during the next regular session.  The Board of Governors and its Executive Committee welcome input on these bills at any time during the interim.  Comments may be submitted to the Government Relations staff at govrel@mobar.org.

Below are highlights of the 2023 Truly Agreed legislation relating to criminal law and criminal procedure.  Legislative Updates throughout the summer will continue to feature summaries, breakdowns, and other information about Truly Agreed bills. 

TRULY AGREED LEGISLATION RELATING TO 
CRIMINAL LAW OR CRIMINAL PROCEDURE

SENATE BILLS

EFFECTIVE DATES.  Unless the bill itself provides otherwise, enacted bills will have an effective date of August 28, 2023.

HCS SS SB 24 (Hough) – Relating to vulnerable persons
05/05/2023 – Truly Agreed To and Finally Passed 
05/30/2023 – Presented to Governor 
Bill Text (TAFP)

Among other provisions: 

ELECTRONIC NOTIFICATION OF CRIME VICTIMS (Section 595.209) (Amend) – Under section 595.209 (and section 32 of article I of the Constitution of Missouri), crime victims have certain rights, including the right to certain information or notifications.  Subsection 3 of this section is amended to provide that persons entitled to notice of certain events shall provide the appropriate person or agency with their electronic mail addresses or electronic mail addresses at which they wish notification to be given.  Furthermore, if notification utilizing the statewide automated crime victim notification system cannot be used, then written notification shall be sent by certified mail or electronic mail to the most current address or electronic mail address provided by the victim.   

CCS SB 28 (Brown - 16) – Relating to access to certain records, with penalty provisions and an emergency clause for a certain section
05/10/2023 – Truly Agreed To and Finally Passed 
05/30/2023 – Presented to Governor 
Bill Text (TAFP)

Among other provisions: 

OFFICE OF CHILD ADVOCATE (Section 37.725) (Amend) – Files maintained by the Child Advocate program shall be disclosed only at the discretion of the Child Advocate.  The identity of any complainant or recipient shall not be disclosed by the office except under certain circumstances.  In addition to current disclosure exceptions, the identity of any complainant or recipient can be disclosed if law enforcement requests the disclosure as part of an investigation.

CLOSED RECORDS (Section 610.021) (Amend) – Except to the extent disclosure is otherwise required by law, a public governmental body is authorized to close meetings, records and votes, to the extent they relate to (among other matters):

• Security measures, global positioning system (GPS) data, investigative information, or investigative or surveillance techniques of any public agency responsible for law enforcement or public safety that, if disclosed, has the potential to endanger the health or safety of an individual or the public;
• Any information or data provided to a tip line for the purpose of safety or security at an educational institution that, if disclosed, has the potential to endanger the health or safety of an individual or the public; or
• Any information contained in any suspicious activity report provided to law enforcement that, if disclosed, has the potential to endanger the health or safety of an individual or the public. 

CCS HCS SS SCS SBs 45 & 90 (Gannon and McCreery) – Relating to health care, with an emergency clause for certain sections and penalty provisions
05/10/2023 – Truly Agreed To and Finally Passed 
05/30/2023 – Presented to Governor 
Bill Text (TAFP)

Among other provisions: 

OFFICE OF CHILD ADVOCATE (Section 37.725) (Amend) – see above CCS SB 28

HCS SCS SB 103 (Crawford) – Relating to judicial proceedings, with penalty provisions
05/09/2023 – Truly Agreed To and Finally Passed 
05/30/2023 – Presented to Governor 
Bill Text (TAFP)

Among other provisions: 

DISCLOSURE OF PERSONAL INFORMATION (Section 509.520) (Amend) – Notwithstanding any provision of law to the contrary, beginning August 28, 2023, pleadings, attachments, exhibits filed with the court in any case, as well as any judgments or orders issued by the court, or other records of the court shall not include the following confidential and personal identifying information: 

• The full Social Security number of any party or any child;
• The full credit card number, financial institution account number, personal identification number, or password used to secure an account of any party;
• The full motor vehicle operator license number;
• Victim information, including the name, address, and other contact information of the victim;
• Witness information, including the name, address, and other contact information of the witness;
• Any other full state identification number;
• The name, address, and date of birth of a minor and, if applicable, any next friend; or
• The full date of birth of any party (however, the year of birth shall be made available, except for a minor).

The information listed above shall be provided in a confidential information filing sheet contemporaneously filed with the court or entered by the court, which shall not be subject to public inspection or availability. 

Nothing in this section shall preclude an entity including (but not limited to) a financial institution, insurer, insurance support organization, or consumer reporting agency that is otherwise permitted by law to access state court records from using a person’s unique identifying information to match such information contained in a court record to validate that person’s record. 

The Supreme Court of Missouri shall promulgate rules to administer this section.

OFFENSE OF UNLAWFUL POSTING OF CERTAIN INFORMATION OVER THE INTERNET (Section 565.240) (Amend) – The offense of unlawful posting of certain information over the internet is a class E felony if the person knowingly posts on the internet the name, home address, Social Security number, telephone number, or any other personally identifiable information of any law enforcement officer, corrections officer, parole officer, judge, commissioner, or prosecuting attorney, or of any immediate family member of such individual, intending to cause great bodily harm or death, or threatening to cause great bodily harm or death.  If such intention or threat results in bodily harm or death to such person or immediate family member, the offense is a class D felony. 

ELECTRONIC NOTIFICATION OF CRIME VICTIMS (Section 595.209) (Amend) – see above HCS SS SB 24

MISSOURI POSTCONVICTION DRUG TREATMENT PROGRAM (Section 217.785) (Repeal) – The statutory authorization for the Missouri Postconviction Drug Treatment Program is repealed. 

EXPUNGEMENT SURCHARGE (Section 488.650) (Repeal) – The surcharge of $250 on all petitions for expungement filed under the provisions of section 610.140 is repealed. 

HCS SS SCS SB 106 (Arthur) – Relating to public health, with an emergency clause for certain sections
05/05/2023 – Truly Agreed To and Finally Passed 
05/30/2023 – Presented to Governor 
Bill Text (TAFP)

Among other provisions: 

OFFICE OF CHILD ADVOCATE (Section 37.725) (Amend) – see above CCS SB 28

CCS HCS SB 186 (Brown – 16) – Relating to public safety, with penalty provisions
05/11/2023 – Truly Agreed To and Finally Passed 
05/30/2023 – Presented to Governor 
Bill Text (TAFP)

Among other provisions: 

OFFICE OF CHILD ADVOCATE (Section 37.725) (Amend) – see above CCS SB 28

BAIL OR CONDITIONS OF RELEASE – ADDITIONAL FACTORS (Section 544.453) (New) – Notwithstanding any provision of the law or court rule to the contrary, a judge or judicial officer (when setting bail or conditions of release in all courts in Missouri for any offense charged) shall consider (in addition to any factor required by law) whether:

• A defendant poses a danger to a victim of crime, the community, any witness to the crime, or to any other person;
• A defendant is a flight risk;
• A defendant has committed a misdemeanor offense involving a crime of violence, sexual offense, or felony offense in Missouri or any other state in the last five years; and
• A defendant has failed to appear in court as a required condition of probation or parole for a violent misdemeanor or felony within the last three years.

CREDIT FOR TIME SERVED (Section 558.031) (Amend) – An offender in the custody of the Department of Corrections or other place of confinement shall receive credit toward the service of a sentence of imprisonment for all time in prison, jail or custody after the offense occurred and before the commencement of sentence, when the time in custody was related to that offense.  This credit shall be based upon the certification of the sheriff as provided in subdivision (3) of subsection 2 of section 217.305 and may be supplemented by a certificate of a sheriff or other custodial officer from another jurisdiction having held the person on the charge of the offense for which the sentence of imprisonment is ordered.  Subsection 2 of this section shall be applicable to offenses for which the offender was sentenced on or after August 28, 2023.  The total amount of credit given shall not exceed the number of days spent in prison, jail, or custody after the offense occurred and before the commencement of the sentence. 

OFFENSE OF PROPERTY DAMAGE - FIRST DEGREE (TELLER MACHINES) (Sections 569.010 and 569.100) (Amend) – The chapter 569 definitions are amended to include the term “teller machine.”  The conduct prohibited under the offense of property damage in the first degree is amended to include knowingly damaging, modifying, or destroying a teller machine or otherwise making it inoperable.  Committing the offense under subdivision (4) of subsection 1 is a class D felony.  If the offense is committed for the purpose of executing any scheme or artifice to defraud or obtain any property, the value of which exceeds $750, or the damage to the teller machine exceeds $750, the offense is a class C felony.  If the offense is committed to obtain the personal financial credentials of another person or committed as a second or subsequent violation of subdivision (4) of subsection 1, the offense is a class B felony. 

OFFENSE OF STEALING (TELLER MACHINES) (Sections 570.010 and 570.030) (Amend) – The chapter 570 definitions are amended to include the term “teller machine.”  The offense of stealing is a class C felony if the property is a teller machine or the contents of a teller machine, including cash (regardless of the value or amount). 

OFFENSE OF STEALING (Section 570.030) (Amend) – The offense of stealing is a class E felony if the property appropriated is a letter, postal card, package, bag, or other sealed article that:

• Was delivered by a common carrier or delivery service and not yet received by the addressee; or
• Had been left to be collected for shipment by a common carrier or delivery service. 

OFFENSE OF UNLAWFUL USE OF WEAPONS – SCHOOL PROTECTION OFFICER EXCEPTION (Section 571.030) (Amend) – Subdivision (10) of subsection 1 of this section (prohibiting carrying a firearm, whether loaded or unloaded, or any other weapon readily capable of lethal use into any school, onto any school bus, or onto the premises of any function or activity sponsored or sanctioned by school officials or by the district school board) shall not apply to a person who is a school officer commissioned by the district school board under section 162.215 and who is a school protection officer (as described under section 160.665). 

OFFENSE OF TAMPERING WITH A JUDICIAL OFFICER (Section 575.095) (Amend) – In addition to current prohibited conduct, a person commits the offense of tampering with a judicial officer if, with the purpose to harass, intimidate, or influence a judicial officer in the performance of such officer’s official duties, such person disseminates through any means (including by posting on the internet) the personal information of the judicial officer or the judicial officer’s family. 

For purposes of this section, “personal information’ shall include a home address, home or mobile telephone number, personal email address, Social Security number, federal tax identification number, checking or savings account number, marital status, and identity of a child under eighteen years of age.  In addition, the term “judicial officer” shall also include a commissioner of a state or federal court.

If a violation of this section results in death or bodily injury to a judicial officer or a member of the judicial officer’s family, the offense is a class B felony.   

OFFENSE OF INTERFERENCE WITH TRANSPORTATION OF LIVESTOCK (Section 578.156) (New) – A person commits the offense of interference with the transportation of livestock if the person knowingly:

• Stops, hinders, impedes, boards, obstructs, or otherwise interferes with a motor vehicle transporting livestock (regardless of whether the motor vehicle is moving);
• Provokes or disturbs livestock when the livestock is confined in a motor vehicle (regardless of whether the motor vehicle is moving); or
• Puts or places a compound or substance on, near, or upon such livestock that would:
  • Affect the livestock’s marketability or suitability for use;
  • Affect animal or human health; or
  • Result in an unreasonable transportation or shipping delay.

The offense of interference with the transportation of livestock is a class E felony for the first offense and a class C felony for any subsequent offense. 

In a prosecution alleging commission of the offense, the person may assert an affirmative defense of consent.  The person shall prove by a preponderance of the evidence that the person was acting with the consent of:

• A person having real or apparent authority to transport the livestock; or
• The owner of the livestock or any other person having real or apparent authority to possess or control the livestock. 

The provisions of this section shall not apply to any enforcement action or services provided by a law enforcement officer or agency or an employee or agent of the Department of Agriculture acting under section 267.645. 

For purposes of this section, the terms “livestock” and “motor vehicle” are defined. 

OFFENSE OF DISTRIBUTION OF A DRUG MASKING PRODUCT (Section 579.041) (New) – A person commits the offense of unlawful distribution, delivery, or sale of a drug masking product if the person unlawfully distributes, delivers, or sells a drug masking product.  The offense is a class A misdemeanor.  For purposes of this section, the terms “drug masking product” and “synthetic urine” are defined. 

FENTANYL TESTING (Section 579.088) (New) – Notwithstanding any other provision of chapter 195 or chapter 579 to the contrary, it shall not be unlawful to manufacture, possess, sell, deliver, or use any device, equipment, or other material for the purpose of analyzing controlled substances to detect the presence of fentanyl or any synthetic controlled substance fentanyl analogue. 

ELECTRONIC NOTIFICATION OF CRIME VICTIMS (Section 595.209) (Amend) – see above HCS SS SB 24

CLOSED RECORDS (Section 610.021) (Amend) – see above CCS SB 28

PERSONAL DOCUMENTS FOR EXONEREES (Section 1) (New) – For purposes of this section, “exoneree” means a person who was convicted of an offense and the conviction was later overturned, vacated, or set aside, or the person was relieved of all legal consequences of the conviction because evidence of innocence that was not presented at trial required reconsideration of the case.  The Department of Corrections shall develop a policy and procedures to assist exonerees in obtaining a birth certificate, Social Security card, and state identification prior to release from a correctional center.  The policy shall be made available to all exonerees, regardless of the method of exoneration.  If an exoneree does not have access to a birth certificate, Social Security card, or state identification card upon release, the department shall assist such exoneree in obtaining the documents prior to release.  A delay in obtaining the documents shall not be cause for a delay in release of the exoneree from a correctional center.  Upon the exoneree’s release from a correctional facility, the department may provide an exoneree with the same services the department may provide an offender upon release from a correctional facility or an offender who is on probation or parole. 

SS SCS SBs 189, 36 & 37 (Luetkemeyer and Williams) – Relating to public safety, with penalty provisions
05/10/2023 – Truly Agreed To and Finally Passed 
05/30/2023 – Presented to Governor 
Bill Text (TAFP)

Among other provisions: 

JURISDICTION OF JUVENILE COURTS (Section 211.031) (Amend) – Except as otherwise provided in chapter 211, the juvenile court or the family court shall have exclusive original jurisdiction in proceedings involving any child who is alleged to have violated a state law or municipal ordinance, or any person who is alleged to have violated a state law or municipal ordinance prior to attaining the age of eighteen years.  In such cases, jurisdiction may be taken by the court of the circuit in which the violation is alleged to have occurred, except if a juvenile officer transfers the case or the court grants a motion to transfer the case to the circuit in which the child or person resides. 

CERTIFICATION OF JUVENILES FOR TRIAL AS ADULTS

APPLICABLE AGE AND MANDATORY HEARING FOR CERTAIN OFFENSES (Section 211.071) (Amend) – The court may order a certification hearing if the petition alleges that a child between the ages of fourteen (rather than twelve) and eighteen committed an offense which would be considered a felony if committed by an adult.  The court shall order a certification hearing if the petition alleges that a child between the ages of twelve and eighteen has committed an offense which would be considered the following:

• First degree murder (section 565.020)
• Second degree murder (section 565.021)
• First degree assault (section 565.050)
• Forcible rape (section 566.030 as it existed prior to August 28, 2013)
• Rape in the first degree (section 566.030)
• Forcible sodomy (section 566.060 as it existed prior to August 28, 2013)
• Sodomy in the first degree (section 566.060)
• First degree robbery (section 569.020 as it existed prior to January 1, 2017)
• Robbery in the first degree (section 570.023)
• Distribution of drugs (section 195.211 as it existed prior to January 1, 2017)
• Manufacturing of a controlled substance (section 579.055)
• A dangerous felony (as defined in section 556.061); or
• Two or more prior unrelated offenses which would be felonies if committed by an adult.

OFFICE OF STATES COURTS ADMINISTRATOR – COLLECTION OF INFORMATION RELATING TO PETITIONS TO CERTIFY JUVENILES (211.600) (New) – The Office of State Courts Administrator shall collect information related to the filing and disposition of petitions to certify juveniles pursuant to section 211.071, including the following:

• The number of certification petitions filed annually;
• The disposition of certification petitions filed annually;
• The offenses for which certification petitions are filed annually;
• The face of the juvenile for whom the certification petitions are filed annually; and
• The number of juveniles who have waived their right to counsel. 

CORRECTIONAL TREATMENT PROGRAMS FOR OFFENDERS EIGHTEEN YEARS OF AGE OR YOUNGER (Section 217.345) (Amend) – Correctional treatment programs for first offenders and offenders eighteen years of age or younger in the Department of Corrections shall be established, subject to the control and supervision of the director, and shall include such programs deemed necessary and sufficient for the successful rehabilitation of offenders. 

Programs established pursuant to this section shall include physical separation of offenders who are younger than eighteen years of age from offenders who are eighteen years of age or older and shall include educational programs that award a high school diploma or its equivalent. 

ELIGIBILITY FOR PAROLE FOR JUVENILES (Section 217.690) (Amend) – The provisions of subsection 6 of this section shall not apply to an offender found guilty of capital murder, murder in the first degree or murder in the second degree, when murder in the second degree is committed pursuant to subdivision (1) of subsection 1 of section 565.021, who was under eighteen years of age when the offender committed the offense or offenses who may be found ineligible for parole or whose parole eligibility may be controlled by section 558.047 or 565.033.  

WARRANT FOR FAILURE TO APPEAR

WARRANT OF ARREST FOR INFRACTIONS PROHIBITED, WHEN – NOTICE OF FAILURE –DEFAULT JUDGMENT, WHEN – MODIFICATION (Section 307.018) (New) – Notwithstanding any other provision of law, no court shall issue a warrant of arrest for a person’s failure to respond, pay the fine assessed, or appear in court with respect to a traffic citation issued for an infraction under chapter 307.  In lieu of a warrant of arrest, the court shall issue a notice of failure to respond, pay the fine assessed, or appear, and the court shall schedule a second court date for the person to respond, pay the fine assessed, or appear.  A copy of the notice with the new court date shall be sent to the driver of the vehicle.  If the driver fails to respond, pay, or appear on the second court date, the court shall issue a second notice.  If the driver fails to respond again, the court may issue a default judgment under section 556.021 for the infraction. 

At any point after the default judgment has been entered, the driver may appear in court to state that the driver is unable to pay and to request modification of the judgment.  The court shall hold a hearing to determine whether the driver has the ability to pay.  If the court finds the driver lacks the present ability to pay, the court shall modify the judgment in any way authorized by statute or court rule, including:

• Allowing for the payment of the fine on an installment basis;
• Waiving or reducing the amount owed; or
• Requiring the driver to perform community service or attend a court-ordered program in lieu of payment.

At any point after the default judgment has been entered, the driver may appear in court and show proof that the driver corrected the equipment violation for which the fine and costs were assessed.  If the driver shows proof, the court may waive the fines and costs that are due. 

INFRACTIONS – PROCEDURE – DEFAULT JUDGMENT, WHEN – EFFECTIVE DATE (Section 556.021) (Amend) – Notwithstanding subsection 3 of this section (default judgment) or any provision of law to the contrary, a court may issue a warrant for failure to appear for any violation that is classified or charged as an infraction; except that, a court shall not issue a warrant for failure to appear for any violation that is classified or charted as an infraction under chapter 307. 

DISCLOSURE OF PERSONAL INFORMATION (Section 509.520) (Amend) – see above HCS SCS SB 103

MOTION TO VACATE OR SET ASIDE THE JUDGMENT (Section 547.031) (Amend) – A prosecuting or circuit attorney, in the jurisdiction in which charges were filed, may file a motion to vacate or set aside the judgment at any time if the prosecuting attorney has information that the convicted person may be innocent or may have been erroneously convicted.  The circuit court in which charges were filed shall have jurisdiction and authority to consider, hear, and decide the motion. 

CONVICTION REVIEW UNIT (Section 547.500) (New) – The Missouri Office of Prosecution Services may establish a conviction review unit to investigate claims of actual innocence of any defendant, including those who plead guilty.  The office shall have the power to promulgate rules and regulations to receive and investigate claims of actual innocence.  At a minimum, the application process shall include the following:

• Any application for review of a claim of actual innocence shall not have any excessive fees or fees shall be waived in cases of indigence.
• No application shall be accepted if there is any pending motion, writ, appeal, or other matter pending regarding the defendant’s conviction.  Any application filed shall be considered a pleading under the Missouri Rules of Civil Procedure.  All attorneys shall comply with Supreme Court Rule 55.03 when signing the application, and the applicant shall swear and sign the application under penalty of perjury.  Any witness statements attached shall be sworn and signed under penalty of perjury. 
• Any review and investigation shall be based on newly discovered and reliable evidence of actual innocence not presented at a trial.  Such newly discovered and reliable evidence shall establish by clear and convincing evidence the actual innocence of the defendant. 

In addition to the executive director, who shall coordinate the activities and budget of the review unit and act as an ex officio member, the conviction unit shall consist of:

• Two attorneys, hired by the Executive Director of the Missouri Office of Prosecution Services, who have extensive experience prosecuting and defending criminal matters;
• An investigator;
• A paralegal; and
• Such administrative staff as is needed to efficiently and effectively process all applications and claims. 

Once a review is complete, the review unit shall present its findings and recommendations to:

• The office of the prosecuting attorney or circuit attorney who prosecuted the defendant’s case; the Attorney General’s Office (if it prosecuted the case), or the special prosecutor who prosecuted the case; or
• The office which requested the review, if the review was requested by a prosecuting attorney’s office, the circuit attorney’s office, Attorney General, or special prosecutor.

The circuit attorney, prosecuting attorney, special prosecutor, Attorney General’s Office (if it prosecuted the case), the Missouri Office of Prosecution Services, or other prosecutor who prosecuted the case is not required to accept or follow the findings and recommendations of the conviction review unit. 

The application, investigation, reports, interviews, findings, and recommendations, and any documents (electronic or otherwise) received or generated by the review unit are closed records.  The findings and recommendations submitted to a receiving entity shall become open records after the receiving entity makes a decision not to pursue a motion under section 547.031 or, if such a motion is filed, after the finality of all proceedings under section 547.031, including appeals authorized therein.

BEHAVIORAL HEALTH SERVICES FOR CERTAIN ACCUSED PERSONS (Section 552.020) (Amend) – In addition to the information currently required, a report of examination of the accused made under this section shall also include:

• An opinion (if the accused is found to lack capacity to understand the proceedings against the accused or to assist in the accused’s own defense) as to whether there is a substantially probability that the accused will be mentally fit to proceed in the reasonably foreseeable future;
• A recommendation as to whether the accused (if found by the court to lack the mental fitness to proceed) should be committed to a suitable hospital facility for treatment to restore the mental fitness to proceed or if such treatments to restore the mental fitness to proceed may be provided in a county jail or other detention facility approved by the Director of the Department of Mental Health or a designee; and
• A recommendation as to whether the accused (if the court finds the accused to lack the mental fitness to proceed and the accused is not charged with a dangerous felony as defined in section 556.061, or murder in the first degree pursuant to section 565.020, or rape in the second degree pursuant to section 566.031, or the attempts thereof):
  • Should be committed to a suitable hospital facility or may be appropriately treated in the community; and
  • Can comply with bond conditions as set forth by the court and can comply with treatment conditions and requirements as set forth by the department director or a designee.

When the court determines that the accused can comply with the bond or treatment conditions, the court shall order that the accused remain on bond while receiving treatment until the case is disposed of as set out in subsection 12 of this section.  At any time, if the court finds that the accused has failed to comply with the bond or treatment conditions, then the court may order that the accused be taken into law enforcement custody until such time as a department inpatient bed is available to provide treatment as set forth in this section. 

Under subsection 8, if neither the state nor the accused nor the accused’s counsel requests a second examination relative to fitness to proceed or contests the findings of the report referred to in subsections 2 or 3 of this section, the court shall (rather than may) hold a hearing on its own motion. 

If the court determines that the accused lacks mental fitness to proceed, the criminal proceedings shall be suspended and the court shall commit the accused to the Director of the Department of Mental Health.  The director or a designee shall notify the court and parties of the conditions and the secure location of treatment, unless the court has otherwise authorized an unsecured location.  After the person has been committed, legal counsel for the department shall have standing to file motions and participate in hearings on the issue of involuntary medications. 

PERSISTENT OFFENDERS (Section 558.016) (Amend) – The definition of “persistent offender” is amended to mean one who has been found guilty of two or more felonies committed at different times, or one who has been previously found guilty of a dangerous felony as defined in subdivision (19) of section 556.061. 

MINIMUM PRISON TERMS FOR ARMED CRIMINAL ACTION (Sections 558.019 and 571.015) (Amend) – The offense of armed criminal action shall be an unclassified felony and, upon conviction, shall be punished by imprisonment by the Department of Corrections for a term of not less than three years and not to exceed fifteen years, unless the person is unlawfully possessing a firearm, in which case the term of imprisonment shall be for a term of not less than five years.  The exclusion of the offense of armed criminal action from section 558.019, relating to prior felony convictions and minimum prison terms, is repealed. 

This act provides that the offense of armed criminal action shall be an unclassified felony. Additionally, this act provides that a person convicted of armed criminal action shall not be eligible for probation, conditional release, or suspended imposition or execution of sentence; however, the person shall be eligible for parole.

CREDIT FOR TIME SERVED (Section 558.031) (Amend) – see above CCS HCS SB 186

OFFENSE OF UNLAWFUL POSTING OF CERTAIN INFORMATION OVER THE INTERNET (Section 565.240) (Amend) – see above HCS SCS SB 103

STOP CYBERSTALKING AND HARASSMENT TASK FORCE (Section 565.258) (New) – The “Stop Cyberstalking and Harassment Task Force” is established to collect feedback from stakeholders (including victims, law enforcement, victim advocates, and digital evidence and forensics experts) to inform development of best practices regarding the treatment of victims of cyberstalking or harassment and actions to stop cyberstalking and harassment when it occurs.  On or before December 31st of each year, the task force shall submit a report on its findings to the governor and the General Assembly.  The task force shall expire on December 31, 2025, unless extended until December 31, 2027, as determined necessary by the Department of Public Safety. 

OFFENSE OF ENDANGERING THE WELFARE OF A CHILD - FIRST DEGREE (Section 568.045) (Amend) – The offense of endangering the welfare of a child in the first degree is amended to include (as prohibited conduct) knowingly encouraging, aiding, or causing a child less than seventeen years of age to engage in any conduct which violates the provisions of chapter 571 (weapons offenses). 

OFFENSE OF UNLAWFUL DISCHARGE OF A FIREARM (BLAIR’S LAW) (Section 571.031) (New) – This section shall be known and may be cited as “Blair’s Law.”  A person commits the offense of unlawful discharge of a firearm, if, with criminal negligence, the person discharges a firearm within or into the limits of any municipality.  This section shall not apply if the firearm is discharged:

• As allowed by a defense of justification under chapter 563;
• On a shooting range supervised by any person eighteen years of age or older;
• To lawfully take wildlife during an open season established by the Department of Conservation (but nothing in this subdivision shall prevent a municipality from adopting an ordinance restricting the discharge of a firearm within one-quarter mile of an occupied structure);
• For the control of nuisance wildlife as permitted by the Department of Conservation or the United States Fish and Wildlife Service;
• By special permit of the chief of police of the municipality;
• As required by an animal control officer in the performance of the officer’s duties;
• Using blanks;
• More than one mile from any occupied structure;
• In self-defense or defense of another person against an animal attack if a reasonable person would believe that deadly physical force against the animal is immediately necessary and reasonable under the circumstances to protect oneself or the other person; or
• By law enforcement personnel (as defined in section 590.1040) or a member of the United States Armed Forces if acting in an official capacity.

A person who commits the offense shall be guilty of:

• A class A misdemeanor, for a first offense;
• A class E felony, for a second offense;
• A class D felony, for a third or subsequent offense.

OFFENSE OF UNLAWFUL POSSESSION OF A FIREARM (Section 571.070) (Amend) – Unlawful possession of a firearm is a class C felony (rather than a class D felony).  If a person has been convicted of a dangerous felony (as defined in section 556.061), or the person has a prior conviction for unlawful possession of a firearm, the offense is a class B felony (rather than a class C felony). 

LAW ENFORCEMENT ANIMALS (MAX’S LAW) (Sections 575.010, 575.353, 578.007, and 578.022)

DEFINITIONS (Section 575.010) (Amend) – For purposes of chapter 575 and chapter 576, the term “law enforcement animal” is defined and the definition of “police animal” is repealed. 

ASSAULT OF A LAW ENFORCEMENT ANIMAL – PENALTIES (Section 575.353) (Amend) – This section shall be known as and may be cited as “Max’s Law.”  A person commits the offense of assault on a law enforcement animal if the person knowingly attempts to kill or disable or knowingly causes or attempts to cause serious physical injury to a law enforcement animal when that animal is involved in law enforcement investigation, apprehension, tracking, or search, or the animal is in the custody of or under the control of a law enforcement officer, Department of Corrections officer, municipal police department, fire department or a rescue unit or agency.  The offense is a:

• Class A misdemeanor, if the law enforcement animal is not injured to the point of requiring veterinary care or treatment;
• Class E felony, if the law enforcement animal is seriously injured to the point of requiring veterinary care or treatment; and
• Class D felony, if the assault results in the death of such animal.

ACTS TO WHICH SECTION 574.130 AND SECTIONS 578.005 TO 578.023 DO NOT APPLY (Section 578.007) (Amend) – The provisions of section 574.130 (offense of agroterrorism) and sections 578.005 to 578.023 (offenses of animal neglect, animal trespass, and animal abuse) shall not apply to the killing of an animal by any person at any time if such animal is outside of the owned or rented property of the owner or custodian of such animal and the animal is inuring any person or farm animal, but this exception shall not include the killing or injuring of a law enforcement animal while working. 

LAW ENFORCEMENT ANIMALS, EXEMPT FROM CERTAIN LAWS, WHEN (Section 578.022) (Amend) – Any dog that is owned, or the service of which is employed, by a law enforcement agency and that bites or injures another animal or human in the course of the animal’s official duties is exempt from the provisions of sections 273.033 (killing or injuring a dog, absolute defense of reasonable apprehension of imminent harm), 273.036 (owner liable, when), 578.012 (animal abuse), and 578.024 (keeping a dangerous dog). 

OFFENSE OF DELIVERY OF CONTROLLED SUBSTANCE CAUSING SERIOUS PHYSICAL INJURY (Section 579.021) (New) – A person commits the offense of delivery of a controlled substance causing serious physical injury (as defined in section 556.061) if a person delivers or distributes a controlled substance under section 579.020 (delivery of a controlled substance) knowing that such substance is mixed with another controlled substance and serious physical injury results from the use of such controlled substance.  It shall not be a defense that the user contributed to the user’s own serious physical injury by using the controlled substance or consenting to the administration of the controlled substance by another.  The offense is a class C felony.  For purposes of this section, “controlled substance” means a Schedule I or Schedule II controlled substance (as defined in section 195.017). 

OFFENSE OF DELIVERY OF CONTROLLED SUBSTANCE CAUSING DEATH (Section 579.022) (New) – A person commits the offense of delivery of a controlled substance causing death if a person delivers or distributes a controlled substance under section 579.020 (delivery of a controlled substance) knowing that such substance is mixed with another controlled substance and a death results from the use of such controlled substance.  It shall not be a defense that the user contributed to the user’s own death by using the controlled substance or consenting to the administration of the controlled substance by another.  The offense is a class A felony.  For purposes of this section, “controlled substance” means a Schedule I or Schedule II controlled substance (as defined in section 195.017). 

OFFENSE OF TRAFFICKING DRUGS - FIRST DEGREE (Section 579.065) (Amend) – The provisions relating to mixtures or substances containing cocaine base are repealed.   

OFFENSE OF TRAFFICKING DRUGS - SECOND DEGREE (Section 579.068) (Amend) – The provisions relating to mixtures or substances containing cocaine base are repealed.  

FENTANYL TESTING (Section 579.088) (New) – see above CCS HCS SB 186

ELECTRONIC NOTIFICATION OF CRIME VICTIMS (Section 595.209) (Amend) – see above HCS SS SB 24

MISSOURI STATE PUBLIC DEFENDER – FEDERAL AND OTHER FUND  (Section 600.042) (Amend) – With the approval of the Public Defender Commission, the Director of the Missouri State Public Defender System may apply for and accept on behalf of the system any funds which may be offered or which may become available from government grants, private gifts, donations or bequests or from any other source.  Such moneys shall be deposited in the Public Defender – Federal and Other Fund (rather than the General Revenue Fund).  The Public Defender – Federal and Other Fund is created within the state treasury and shall be funded annually by appropriation.  Notwithstanding the provisions of section 33.080 to the contrary, any unexpended balances in the fund at the end of any fiscal year shall not be transferred to the General Revenue Fund or any other fund. 

EXPUNGEMENT OF CRIMINAL RECORDS (Section 610.140) (Amend) – For purposes of this section, the terms “court,” “crime,” “extended course of criminal conduct,” “prosecutor” or “prosecuting attorney,” and “same course of criminal conduct” are defined. 

If the offenses, violations, or infractions sought to be expunged were committed as part of an extended course of criminal conduct, the petitioner may include all such related offenses, violations, or infractions in the petition for expungement.  The petitioner may include all offenses, violations, or infractions that were committed during a period of addiction (as defined in subsection 1 of this section), regardless of the limits of subsection 13 of this section, and those offenses, violations, or infractions shall count only as the highest level among them for the purpose of determining current and future eligibility for expungement.  The petitioner may include all offenses, violations, or infractions that were committed while the petitioner was between the ages of sixteen and twenty-five, regardless of the limits of subsection 13, and those offenses, violations, and infractions shall county only as the highest level among them for the purpose of determining current and future eligibility for expungement. 

The following offenses are specifically added to the list of current offenses which are not eligible for expungement under section 610.140: 

• Any offense at the time of conviction that requires registration as a sex offender;
• Any offense listed, previously listed, or is a successor to an offense in chapter 566;
• 566.116 (sexual conduct with a nursing facility resident or a vulnerable person, second degree, as it exists after January 1, 2017);
• 573.200 (child used in sexual performance, as it exists after January 1, 2017);
• 573.205 (promoting sexual performance by a child, as it exists after January 1, 2017);
• 574.140 (cross burning, as it exists after January 1, 2017); and
• Any felony offense of section 571.030 (with the currently stated exceptions).

The following offenses are removed from the list of offenses which are not eligible for expungement under section 610.140:

• 217.360 (offense of delivery or concealment of controlled substances, liquor, or prohibited articles on premises of any correction center or city, county, or private jail, as it existed prior to January 1, 2017);
• 565.084 (tampering with a judicial officer, as it existed prior to January 1, 2017);
• 565.085 (endangering a corrections employee, as it existed prior to January 1, 2017);
• 565.086 (endangering a mental health employee, as it existed prior to January 1, 2017;
• 565.095 (cross burning, as it existed prior to January 1, 2017);
• 565.200 (sexual contact or intercourse with a skilled nursing facility resident, as it existed prior to January 1, 2017);
• 565.214 (vulnerable person abuse, third degree, as it existed prior to January 1, 2017);
• 568.080 (child used in sexual performance, as it existed prior to January 1, 2017);
• 568.090 (promoting sexual performance by a child, as it existed prior to January 1, 2017);
• 569.030 (robbery, second degree, as it existed prior to January 1, 2017);
• 569.035 (pharmacy robbery, second degree, as it existed prior to January 1, 2017);
• 570.090 (forgery);
• 570.310 (mortgage fraud);
• 575.350 (killing or disabling a police animal, as it existed prior to January 1, 2017);
• 578.008 (agroterrorism, as it existed prior to January 1, 2017);
• 578.305 (bus hijacking, as it existed prior to January 1, 2017);
• 578.310 (bombing or placing bombs or explosives in or near bus or terminal or threats to do so, as it existed prior to January 1, 2017);
• Any offense eligible for expungement under section 577.054 (expungement of alcohol-related driving offenses); and
• Any misdemeanor offense of section 571.030.

In addition to the current six statutory criteria, at any hearing, the court may accept evidence and hear testimony on, and may consider, that, at the time the petition is filed, it has been at least ten years from the date on which the authorized dispositions imposed under section 557.011 for all offenses, violations, or infractions committed within the relevant time period have been completed if the offense, violations, or infractions sought to be expunged were committed as part of an extended course of conduct of criminal conduct under subdivision (3) of subsection 2 of this section. 

The provision providing that the court may make a determination based solely on the testimony of a victim of the offense, violation, or infraction is repealed.  In addition, a court may find that the continuing impact of the offense upon the victim rebuts the presumption that expungement is warranted. 

A petition to expunge records related to an arrest for an eligible offense, violation, or infraction may be made in accordance with the provisions of this section to a court of competent jurisdiction in the county where the petitioner was arrested no earlier than eighteen months (rather than three years) from the date of arrest; provided that, during such time, the petitioner has not been charged and the petitioner has not bee found guilty of any misdemeanor or felony offense. 

Except as otherwise provided in this section, the effect of an order of expungement shall be to fully restore the civil rights of such person to the status the person occupied prior to such arrests, pleas, trials, or convictions, as if such events had never taken place.  This includes fully restoring the civil rights of a person to the right to vote, the right to hold public office, and to serve as a juror. 

A person may be granted more than one expungement under this section, provide that during the person’s lifetime, the total number of offenses, violations, or infractions for which orders are granted to the person shall not exceed the following limits: 

• Not more than three misdemeanor offenses or ordinance violations that have an authorized term of imprisonment (rather than two); and
• Not more than two felony offenses (rather than one). 

The provision providing that nothing in this section shall prevent the court from maintaining records to ensure that an individual has not exceeded the limitations of subsection 13 is repealed. 

A person may not be granted more than one expungement under subdivision (3) of subsection 2 of this section (as part of an extended course of criminal conduct). 

RESTITUTION FOR WRONGFUL CONVICTIONS (Section 650.058) (Amend) – Notwithstanding the sovereign immunity of the state, any individual who was found guilty of a felony in a Missouri court and was later determined to be actually innocent of such crime may be paid restitution.  (The provision limiting restitution to individuals later determined to be actually innocent of such crime solely as a result of DNA profiling analysis is repealed.)  The individual may receive an amount of $179 per day (rather than $100 per day) for each day of postconviction incarceration for the crime for which the individual is determined to be actually innocent.  However, no individual awarded restitution shall receive more than $65,000 (rather than $36,000) during each fiscal year.  No individual who has been determined by the court to be actually innocent shall be responsible for the costs of care under section 217.831 and may also be awarded other nonmonetary relief, including counseling, housing assistance, and personal financial literary assistance.    

EXPUNGEMENT SURCHARGE (Section 488.650) (Repeal) – see above HCS SCS SB 103

SECTION B (EMERGENCY CLAUSE) – Sections 211.071, 211.600, 217.345, and 568.045 shall be effective upon their passage and approval.  (N.B.:  The House of Representatives did not adopt the emergency clause.  Therefore, if approved by the governor, the legislation will take effect on August 28, 2023.)   

SS SB 227 (Coleman) – Relating to the culpable mental state necessary for a homicide offense
05/12/2023 – Truly Agreed To and Finally Passed 
05/30/2023 – Presented to Governor 
Bill Text (TAFP)

CULPABLE MENTAL STATE NECESSARY FOR HOMICIDE OFFENSE (Section 565.003) (Amend) – It shall not be a defense to a homicide charge that the identity of the person the offender intended to kill cannot be established.  If the state proves beyond a reasonable doubt that the offender had the requisite mental state toward a specific person or a general class of persons who are not identified or who are not identifiable, such intent shall be transferred to a person who is killed by the offender while such mental state existed. 

HCS SS SCS SB 398 (Schroer) – Relating to motor vehicles, with penalty provisions
05/10/2023 – Truly Agreed To and Finally Passed 
05/30/2023 – Presented to Governor 
Bill Text (TAFP)

Among other provisions:

SIDDENS BENING HANDS FREE LAW (Section 304.822) (New) – This section shall be known as the “Siddens Bening Hands Free Law.”  For purposes of this section, the terms “commercial motor vehicle,” “electronic communication device,” “highway,” “noncommercial motor vehicle,” “operating,” “operator,” “school bus,” and “voice-operated or hands-free feature or function” are defined. 

Except as otherwise provided in this section, while operating a noncommercial motor vehicle or commercial motor vehicle on any highway or property open to the public for vehicular traffic in Missouri, no operator shall:

• Physically hold or support, with any part of the operator’s body, an electronic communication device;
• Write, send, or read any text-based communication, including (but not limited to) a text message, instant message, email, or social media interaction on an electronic communication device (with an exception for the use of a voice-operated or hands-fee feature or function);
• Make any communication on an electronic communication device, including a phone call, voice message, or one-way voice communication (with an exception for the use of a voice-operated or hands-free feature or function);
• Engage in any form of electronic data retrieval or electronic data communication on an electronic communication device;
• Manually enter letters, numbers, or symbols into any website, search engine, or application on an electronic communication device;
• Watch a video or movie on an electronic communication device, other than watching data related to the navigation of the vehicle; or
• Record, post, send, or broadcast video (including a video conference) on an electronic communication device (provided that this prohibition shall not apply to electronic devices used for the sole purpose of continually monitoring operator behavior by recording or broadcasting video within or outside the vehicle).

The operator of a school bus shall not use or operate an electronic communication device while the school bus is in motion unless the device is being used in a similar manner as a two-way radio to allow live communication between the operator and school officials or public safety officials.  The operator shall not use or operate an electronic communication device or a two-way radio while loading or unloading passengers. 

This section shall not apply to:

• Law enforcement officers or operators of emergency vehicles (as defined in section 304.022) who are both using the electronic communication device and operating the emergency vehicle in the performance of their official duties;
• Operating using an electronic communication device for the sole purpose of reporting an emergency situation and continuing communication with emergency personnel during the emergency situation;
• Operators of noncommercial motor vehicles using an electronic communication device solely through a voice-operated or hands-free feature or function;
• Operators of commercial motor vehicles using a voice-operated or hands-free feature or function, as long as the operator remains seated and is restrained by a seat belt as required by law;
• Operators of commercial motor vehicles reading a message displayed on a permanently installed communication device designed for a commercial motor vehicle with a screen that does not exceed ten inches tall by ten inches wide in size;
• Operators using electronic communication devices while the vehicle is lawfully stopped or parked;
• Commercial motor vehicles that are responding to a request for roadside assistance, when such response is conducted by a motor club (as defined in section 385.450) or a towing company (as defined in section 304.001);
• The use of an electronic communication device to relay information between a transit or for-hire vehicle operator and that operator’s dispatcher, provided the device is mounted or affixed to the vehicle;
• The use of an electronic communication device to access or view a map for navigational purposes;
• The use of an electronic communication device to access or listen to an audio broadcast or digital audio recording; or
• The use of an electronic communication device to relay information through a transportation network company driver, provided the device is mounted or affixed to the vehicle.

Except as otherwise provided in this section, violation of this section shall be an infraction.  Prior convictions shall be pleaded and proven in the same manner as required under section 558.021. 

A law enforcement officer who stops a noncommercial motor vehicle for a violation of this section shall inform the operator of the operator’s right to decline a search of the operator’s electronic communication device.  No warrant shall be issued to confiscate or access an electronic communication device based on a violation of this section unless the violation results in serious bodily harm or death.  A violation of this section shall not be used to establish probable cause for any other violation.  The provisions of this section shall be subject to the reporting requirements in section 590.650.  Prior to January 1, 2025, a law enforcement officer who stops a noncommercial motor vehicle for a violation of this section shall not issue a citation for a violation and shall only issue a warning.  No person shall be stopped, inspected, or detained solely for a violation of this section. 

The state preempts the field of regulating the use of electronic communication devices by the operators of commercial and noncommercial motor vehicles.  The provisions of this section shall supercede any local laws, ordinances, orders, rules, or regulations enacted by a county, municipality, or other political subdivision to regulate the use of electronic communication devices by the operator of a commercial or noncommercial motor vehicle. 

OPERATION OF MOTOR VEHICLES WHILE USING ELECTRONIC COMMUNICATION DEVICES (Section 304.820) (Repeal) – The current law prohibiting text messaging and the use of a hand-held mobile device while operating a motor vehicle is repealed. 

2023 Legislative Dates to Remember

First Regular Session

Veto Session

2023 Legislative Dates to Remember

First Regular Session

Veto Session