June

2021

13:18 PM

America/Chicago

Legislative Update - June 11, 2021

On May 25, 2021, the General Assembly presented all remaining Truly Agreed legislation to Governor Parson for consideration and action. The deadline for gubernatorial action will be June 30, for appropriations bills, and July 14, for regular legislation. Below are summary highlights of Truly Agreed bills containing provisions relating to criminal law and public safety.

Additional information about this year’s legislative session and Truly Agreed legislation will be published and updated on The Missouri Bar’s Legislative Engagement Center over the next few months.

CRIMINAL LAW AND PUBLIC SAFETY

SB 26 (Eigel)

Bill Text (TAFP – CCS#2/HCS/SS#2/SB 26) – Relating to public safety, with penalty provisions and an effective date for certain sections

Senate Bill 26 contained numerous new or amended statutory sections. Only those which may be relevant to criminal law or public safety are summarized below:

DEPARTMENT OF CORRECTIONS (Sections 56.380, 56.455, 105.950, 149.071, 149.076, 214.392, 217.010, 217.030, 217.250, 217.270, 217.362, 217.364, 217.455, 217.541, 217.650, 217.655, 217.690, 217.692, 217.695, 217.710, 217.735, 217.829, 217.845, 549.500, 557.051, 558.011, 558.026, 558.031, 558.046, 559.026, 559.105, 559.106, 559.115, 559.125, 559.600, 559.602, 559.607, 566.145, 571.030, 575.205, 575.206, 589.042, 650.055, and 650.058) – “Department of Corrections and Human Resources" would be replaced with “Department of Corrections” and “Board of Probation and Parole” would be replaces with the “Division of Probation and Parole" or the “Parole Board.” In addition, the chair of the Parole Board would be tasked with (1) employing employees necessary to carry out duties; (2) serving as the appointing authority over such employees; and (3) provide for appropriate training to members and staff. The requirement that the Director of the Division of Probate and Parole would also be the chair of the Parole Board would be repealed.

LOCAL LAW ENFORCEMENT BUDGETS (Section 67.030) – Any taxpayer of a political subdivision could initiate an action for injunctive relief, which the court must grant, if the governing body of such political subdivision decreases the budget for its law enforcement agency, excluding school districts’ officers, by an amount exceeding more than 12% relative to the proposed budgets of other departments of the political subdivision over a five year aggregate amount.

BATTERY-CHARGED FENCES (Section 67.301) – No city, county, town, village, or political subdivision (“entity”) could adopt or enforce an ordinance, order, or regulation that required a permit for the installation or use of a battery-charged fence (defined as one that interfaces with an alarm system so as to enable it to cause the connected alarm system to signal to summon law enforcement in response to a burglary) in addition to a permit for the alarm system issued by the entity. Additionally, political subdivisions could not adopt an ordinance or order that imposed installation requirements for such fences or alarm systems or prohibit the use of a battery-charged fence.

Such fences could (1) only be located on a property not designated for residential use and (2) not produce more than 12 volts of direct current.

PHYSICAL SECURITY MEASURES (Section 67.494) – Political subdivisions would be prohibited from enacting any ordinance that regulated the physical security measures around private property. However, political subdivisions could regulate the aesthetics of physical security measures, access to public right-of-way, structural soundness of physical security measures, or changes to the drainage of a property.

POLICE COMMISSIONERS (Section 84.400) – A member of the Kansas City Board of Police Commissioners, or any member of such police force, would be allowed to be appointed to serve on any state or federal board, commission, or task force where no compensation for such service is paid. However, such board member could accept a per diem or reimbursement for necessary expenses for attending meetings.

ELIGIBILITY FOR PAROLE (Sections 217.690 & 217.692) -- Any offender, sentenced to a term of imprisonment amounting to 15 years or more or multiple terms that amount to 15 years or more and who was under 18 years of age at the time of the commission of the offense, could be eligible for parole after serving 15 years of incarceration regardless of whether the case was final for purposes of appeal. Such person could be eligible for reconsideration hearings in accordance with Parole Board regulations.

DISPLAY OF FIXED, FLASHING, OR ROTATING LIGHTS (Sections 304.022 and 307.175) – Coroners, medical examiners, and forensic investigators of the county medical examiner's office or a similar entity will be allowed to display emergency lights on their vehicles or equipment when responding to a crime scene, motor vehicle accident, workplace accident, or any location where their services are requested by law enforcement. The definition of "emergency vehicle," for purposes of motorists' obligation to yield to emergency vehicles displaying emergency lighting, will be modified accordingly.

SALE OF ALCOHOL BY FELONY OFFENDERS (Sections 311.060, 311.660, and 313.220) – The Supervisor of Liquor Control could not prohibit a person from participating in the sale of alcohol solely on the basis of having been found guilty of a felony offense.

The requirement that an employer that has a liquor license report any employee who had been convicted of a felony to the Department of Public Safety, Division of Liquor Control, would be repealed. Additionally, the Missouri Gaming Commission could not prohibit a person from participating in the sale of lottery tickets solely on the basis of having been found guilty of a criminal offense. However, that person would not be eligible to be a licensed lottery game retailer.

GAMBLING BOATS (Sections 313.800, 313.805, and 313.812) – The definition of “excursion gambling boat,” currently defined as a boat, ferry, or other floating facility, would be modified to include non-floating facilities, defined as any structure within 1,000 feet of the Missouri or Mississippi rivers that contains at least 2,000 gallons of water beneath or inside the facility. Licensure of excursion gambling boats also would be modified to allow for non-floating facilities.

SURVEILLANCE CAMERAS (Section 542.525) – Employees of a state agency or a political subdivision would be prohibited from placing any surveillance camera or game camera on private property without first obtaining: (1) consent from the landowner or his or her designee, (2) a search warrant pursuant to law, or (3) permission from the highest-ranking law enforcement chief or officer of the agency or political subdivision. Permission of the highest-ranking law enforcement chief or officer only would be valid when the camera is facing a location that is open to public access or use, and the camera is located within 100 feet of the intended surveillance location.

OFFENSES INELIGIBLE FOR PROBATION (Section 557.045) -- Any dangerous felony where the victim is a law enforcement officer, firefighter, or an emergency service provider while in the performance of his or her duties would be added to the offenses ineligible for probation.

SPECIAL VICTIMS (Section 565.058) – Any special victim (including law enforcement officers in the performance of their duties, emergency personnel, and firefighters, among others) would not be required to reveal any current address or place of residence except to the court in camera for the purpose of determining jurisdiction and venue. Also, special victims could file a petition with the court alleging assault in any degree by using identifying initials instead of their legal name if the petition alleged they could be endangered by such disclosure

VANDALISM (Section 574.085) – If a person were to knowingly vandalize any public monument or structure on public property, s/he would be guilty of a class E felony.

OFFENSE OF INTERFERENCE WITH A HEALTH CARE FACILITY (Section 574.203) – A person, excluding any person who is developmentally disabled, would commit the offense of interference with a health care facility if the person willfully or recklessly interfered with such a facility or employee of such a facility by:

causing a peace disturbance while inside a health care facility;
refusing an order to vacate a health care facility when requested to by an employee; or
threatening to inflict injury on the patients or employees of, or to inflict damage on the facility.

The first offense would be a class D misdemeanor, any second or subsequent offense would be a class C misdemeanor.

OFFENSE OF INTERFERENCE WITH AN AMBULANCE SERVICE (Section 574.204) – A person would commit the offense of interference with an ambulance service if the person acted alone or in concert with others to willfully or recklessly interfere with access to or from an ambulance, or willfully disrupted any ambulance service by threatening to inflict injury on any person providing ambulance services or damage the ambulance. The first offense would be a class D misdemeanor. Any second or subsequent offense would be a class C misdemeanor.

PEACE OFFICER LICENSURE (Sections 590.030) – In addition to the current conditions of licensure requiring all licensed peace officers to obtain continuing law enforcement education and maintain a current address of record on file with the POST Commission. peace officers would have to (1) submit to being fingerprinted on or before January 1, 2022, and every six years thereafter, (2) submit to fingerprinting for the purposes of a criminal history background check, and (3) enroll in the state and federal Rap Back Program.

Any time peace officers were commissioned with a different law enforcement agency they would have to submit to being fingerprinted. Criminal history background checks would have to include the records of the FBI. The report resulting from the background check would have to be forwarded to the peace officer's law enforcement agency. Enrollment in the Rap Back Program would be used for purposes of peace officers’ disciplinary reports, as required by law. Law enforcement officers and law enforcement agencies would have to take all necessary steps to maintain officer enrollment in Rap Back for as long as an officer was commissioned with that agency. All law enforcement agencies would have to enroll in the state and federal Rap Back programs on or before January 1, 2022.

988 PUBLIC SAFETY FUND (Section 590.192) – The fund would be created in the state treasury to be used by the Department of Public Safety to provide services for peace officers to assist in coping with stress and potential psychological trauma resulting from a response to a critical incident or emotionally difficult event. Such services could include consultation, risk assessment, education, intervention, and other crisis intervention services.

LAW ENFORCEMENT OFFICER DISCIPLINARY ACTIONS (Section 590.502) – Investigations of law enforcement officers, who reasonably believe the investigation could lead to disciplinary action, demotion, dismissal, transfer, or placement that could lead to economic loss, would have to include the following:

Written notification to the officer of the existence and nature of the alleged violation and who would be conducting the investigation;
A written statement outlining the complaint;
Investigation conducted for a reasonable length of time, and questioning the officer only while on duty, unless prevented by reasonable circumstances;
Information to the officers they were being ordered to answer questions under threat of disciplinary action prior to an interview session, and information that officers’ answers to the questions would not be used against them in a criminal proceeding;

Secure locations, at the agency that is conducting the investigation or the office of the officer unless the officer consented to another location, for conducting investigations;
Up to two investigators questioning the officer, who would have to be informed of the name and rank of each investigator;
Assurance that the officer under investigation would not be threatened, harassed or promised rewards for answering questions, except the officer could be compelled to give protected statements to an investigator under direct control of the agency;
An attorney or duly authorized representative present during questioning if the officer would so choose, who would have the opportunity to review the complaint prior to the questioning;
A complete record of the investigation to be kept by the agency, and a copy would have to be provided to the officer upon request;

The requirement that the agency conducting the investigation would have ninety days to complete such investigation, which could be extended under certain circumstances;
The requirement that the officer would be informed in writing of the investigative findings and any recommendations for further action, within 5 days of the conclusion of the investigation; and
The requirement that a complete record of the administrative investigation would be kept by the law enforcement agency, and all records would be confidential and not subject to disclosure under the Sunshine Law, except by lawful subpoena or court order.

Any law enforcement officer suspended without pay would be entitled to a full due process hearing. Any decision following the hearing would have to be writing and would have to include findings of fact.

Officers would have to have the opportunity to provide written responses to any adverse materials in their personnel file.

Officers would have the right to compensation for any economic loss incurred during an investigation if the officer were found to have committed no misconduct.

Employers would have to defend and indemnify officers against civil claims made against them while the officers were acting within their duties as law enforcement officers. If any criminal convictions arose out of the same conduct, the employer would no longer be obligated to defend officers in the civil claim. Officers could not be disciplined or dismissed as a result of the assertion of their constitutional rights in any judicial proceeding, unless the officers admit to wrongdoing.

Officers could bring an action for enforcement of these provisions in the circuit court for the county in which the law enforcement agency or governmental body had its principal place of business. Upon a finding by a preponderance of the evidence that such agency or body had purposely violated this act, the court would void any action taken in violation of this section. Suit for enforcement would have to be brought within one year from which the violation were ascertainable.

A law enforcement agency that had substantially similar or greater procedures would be deemed in compliance with this act.

POLICE USE OF FORCE DATABASE (Section 590.1265) – The “Police Use of Force Transparency Act of 2021” would require each law enforcement agency to collect and report local data on use-of-force incidents involving peace officers to the National Use of Force Data Collection through the Law Enforcement Enterprise Portal administered by the Federal Bureau of Investigation (FBI), at least annually. Additionally, each law enforcement agency would be required to submit such information to the Department of Public Safety. The personally identifying information of individual peace officers would not be included in the reports.

The Department of Public Safety would develop standards and procedures governing the collection and reporting of use-of-force data, no later than June 30, 2022. The standards would have to be consistent with the requirements, definitions, and methods of the National Use of Force Data Collection administered by the FBI.

The Department of Public Safety would be required to publish the data reported by law enforcement agencies in a publicly available report. It also would have to undertake an analysis of any trends and disparities in rates of use of force by all law enforcement agencies. The report would have to be released to the public no later than January 1, 2025, and it would have to be updated at least every five years.

EXPUNGEMENT (Section 610.140) – In addition to current law stating that any rights that were restricted as a collateral consequence of a person's criminal record are to be restored upon issuance of the order of expungement, the bill would provide for purposes of 18 U.S.C. 921(a)33(B)(ii), an order or expungement granted pursuant to §610.140, RSMo, would be considered a complete removal of all effects of the expunged conviction. In short, this provision is an attempt to amend state statute in order to change the manner in which the federal government treats Missouri’s expungement actions for purposes of 18 U.S.C. 921(a)33(B)(ii).

SB 49 (Brown) – Relating to public safety, with a penalty provision

Bill Text (TAFP – HCS/SCS/SB 49)

BOAT DEALERS (Section 301.550) – The requirement that an entity must sell at least six vessels or vessel trailers in a calendar year in order to qualify as a boat dealer (provided the entity is a licensed boat manufacturer that custom manufactures boats for use with biological research and management equipment for fisheries, or for use with scientific sampling and for geological or chemistry purposes) would be waived.

PERMANENT VESSEL REGISTRATION (Section 306.030) – Vessels could be issued a permanent certificate of number upon payment of three times the amount required for a three-year certificate of number and three times any processing fee applicable to a three-year certificate of number. Permanent certificates of number could not be transferred to any other person or vessel or displayed on any vessel other than the vessel for which it was issued. It would continue in force and effect until terminated or discontinued.

PERMITTED BOAT DOCKS, AND OBSTRUCTIONS CAUSED BY VESSELS (Section 306.221) – Vessels, positioned within 100 feet of a permitted boat dock, would be prohibited from being anchored in a manner that obstructs ingress or egress of watercraft to or from the dock, unless authorized by the boat dock permit holder. Further, no person could secure a vessel to or enter upon a private permitted boat dock unless authorized to do so by the boat dock permit holder, or during inclement weather or other emergencies. A violation of these provisions would be an infraction.

Operating or positioning a vessel in a manner that obstructs or impedes the normal flow of traffic on the waters of this state would be an infraction, rather than a class C misdemeanor for a first offense or a class B misdemeanor for a second or subsequent offense.

NEW MOTOR VEHICLE SAFETY INSPECTIONS (Section 307.380) – New motor vehicles would be exempt from the requirement that motor vehicles receive a safety inspection immediately prior to their sale regardless of any current certificate of inspection and approval.

MISSOURI CYBERSECURITY ACT (Section 650.125) – The “Missouri Cybersecurity Commission” would be established within the Department of Public Safety. The Commission would identify risk to state and critical infrastructure with regard to cyber attacks. It would be funded by appropriation, and any expenditure constituting more than 10% of its annual appropriation would be required to be based on a competitive bid process. The Commission is to advise the Governor on the state of cybersecurity in Missouri, obtain data from a variety of public entities, and make recommendations to reduce the state's risk of cyber attack. It would be required to present a confidentially held annual report to the Governor by December 31st of each year.

SB 53 (Luetkemeyer) Relating to public safety with penalty provisions, a delayed effective date for certain sections and an emergency clause for certain sections.

Bill Text (TAFP – CCS/HCS/SS/SCS/SBs 53 & 60)

Senate Bill 53 contained numerous new or amended statutory sections. Only those which may be relevant to criminal law or public safety are summarized below:

KANSAS CITY POLICE DEPARTMENT RESIDENCY REQUIREMENTS (Section 84.575) – The Kansas City Board of Police Commissioners could not require any currently employed or prospective law enforcement officer or other employee to reside within any jurisdictional limit as a condition of employment. The Commissioners could impose a residency rule, but the rule could be no more restrictive than requiring such personnel to reside within thirty miles from the nearest city limit and within the boundaries of the state of Missouri.

EXPOSING OTHERS TO SERIOUS INFECTIOUS OR COMMUNICABLE DISEASES (Sections 191.677,545.940, 575.155, and 575.157) – The term HIV in current law would be replaced with “serious infection or communicable disease,” which is defined as a non-airborne or non-respiratory disease spread from person to person that is fatal or causes disabling long-term consequences in the absence of lifelong treatment and management. It would be unlawful for a person knowingly infected with a serious infectious or communicable disease to: (1) donate blood, organs, tissue, or sperm, unless for medical research or as deemed medically appropriate by a licensed physician; (2) knowingly expose another person to the disease through an activity that created a substantial risk of transmission; or (3) act in a reckless manner by exposing another person to the disease through an activity that created a substantial risk of disease transmission. The penalty would be a class D felony, rather than the current class B felony. If the victim contracted the disease, it would be a class C felony, rather than the current class A felony. Recklessly exposing another person would result in a class A misdemeanor.

A person having been exposed to the disease and knowing the infected person was infected with the disease at the time of the exposure and having consented to the exposure would be an affirmative defense to the offense. Actions would be taken during a judicial proceeding to protect the identifying information of the victim and the defendant from public release.

Additionally, situations involving exposure of persons in correctional centers, jails, or certain mental health facilities to HIV or hepatitis B or C to exposure to a serious infectious or communicable disease when the nature of the exposure to the bodily fluid has been scientifically shown to be a means of transmission of the disease are to be treated similarly.

JURISDICTION OF JUVENILE COURT (Sections 211.012, 211.438, and 211.439) – For purposes of the law and jurisdiction of the juvenile court, a person is not to be considered a child if at the time of the alleged violation such person was considered an adult according to the then existing law. The provisions relating to the age of certification of a child as an adult would be repealed. This provision would be effective upon the governor’s signature.

JUVENILE DETENTION (Section 211.072) – A juvenile, under the age of 18, who had been certified to stand trial as an adult, if currently placed in a secure juvenile detention, would remain in juvenile detention, pending finalization of the judgment and completion of appeal, if any, of the judgment dismissing the juvenile petition to allow for prosecution under the general law, unless otherwise ordered by the juvenile court.

Upon any final judgment on appeal of the petition to dismiss prosecution of the juvenile under the general laws, and adult charges being filed, if the juvenile were currently in juvenile detention, the juvenile would remain in detention unless the juvenile posted bond or the juvenile were transferred to an adult jail. If the juvenile officer did not believe detention in a secure juvenile detention facility would be an appropriate placement or would continue to serve as an appropriate placement, the juvenile officer could file a motion in the adult criminal case, requesting that the juvenile be transferred from juvenile detention to jail. The court would have to hear evidence relating to the appropriateness of the juvenile remaining in juvenile detention or being transferred to an adult jail. At the hearing, the juvenile, the juvenile’s parents and counsel, the prosecuting attorney, and others, would have the opportunity to present evidence and recommendations.

Following the hearing, the court would have to order either that the juvenile continue to be held in a secure juvenile detention facility or the pre-trial certified juvenile be held in an adult jail. The court could do this only after it had made findings that it would be in the best interest of justice to move the pre-trial certified juvenile to an adult jail. The court would have to weigh certain stipulated factors when deciding whether to detain a certified juvenile in an adult jail. In the event the court found that it would be in the best interest of justice to require the certified juvenile to be held in an adult jail, the court would have to hold a hearing once every 30 days to determine whether the placement of the certified juvenile in an adult jail was still in the best interest of justice.

A juvenile could not be held in an adult jail for more than 180 days unless the court found, for good cause, that an extension was necessary, or the juvenile waived the 180-day maximum period.

Effective December 21, 2021, all previously certified, pre-trial juveniles, under the age of 18, who had been certified prior to August 28, 2021, would be transferred from adult jail to a secure juvenile detention facility, unless a court, after hearing, found it would be in the best interest of justice to keep the juvenile in the adult jail. All certified juveniles who were held in adult jails would continue to be subject to the protections of the Prison Rape Elimination Act (PREA) and would have to be physically separated from adult inmates.

If the certified juvenile remained in juvenile detention, the juvenile officer could file a motion to reconsider placement and a hearing would be held. The court could amend its earlier order in light of the evidence and arguments presented at the hearing if the court found that it would not be in the best interest of justice for the juvenile to remain in a juvenile detention facility.

The issue of setting or posting bond would be held in the pre-trial certified juvenile's adult criminal case.

Upon attaining the age of 18 or upon conviction on the adult charges, the juvenile would be transferred from juvenile detention to the appropriate adult facility. Any responsibility for transportation of the certified juvenile who remained in a secure juvenile detention facility would be handled in the same manner as in all other adult criminal cases where the defendant was in custody.

JUVENILE JUSTICE PRESERVATION FUND (Section 211.435) – The “Juvenile Justice Preservation Fund” that exists in the State Treasury would be revised such that a Juvenile Justice Preservation Fund would be established in each county's circuit court to implement and maintain the expansion of juvenile court jurisdiction to 18 years of age. The surcharge collected on traffic violation and other donations or appropriation would be payable to the county circuit court rather than to the State Treasury. Such funds currently held by the State Treasurer would revert to the circuit court's fund in the county of origination. Expenditures from the individual county juvenile justice funds would made at the discretion of the juvenile department for the circuit court. However, such fund could not be expended for capital improvements or to replace or reduce the responsibilities of the county or state to provide funding for juvenile treatment services. This provision would take effect upon the governor’s signature.

INMATE CANTEEN FUND (Section 217.195) – The current “Inmate Canteen Fund” would be repealed and a new one created. The Fund would have to be expended solely for the purpose of improving inmate recreational, religious, educational, and reentry services. The creation and operation of any canteen or commissary would have to be approved by the DOC Director.

INMATE FEMININE HYGIENE PRODUCTS (Section 217.199 and 221.065) – The Director of Corrections and any sheriff or jailer would have to ensure an appropriate quantity of feminine hygiene products were available at no cost to female offenders while confined in any correctional center or jail.

This provision would go into effect upon the Governor’s signature.

ALTERNATIVE SENTENCING (Sections 217.777 and 559.120) – The Department of Corrections would administer a community corrections program to encourage the establishment of local sentencing alternatives for offenders to promote opportunities for nonviolent primary caregivers to care for their dependent children.

FEDERAL STIMULUS FUNDS TO INMATES (Section 217.845) – Offenders who receive funding from the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act would have to use such funds to make restitution payments ordered by a court resulting from a conviction of a violation of any local, state, or federal law.

DEPARTMENT OF CORRECTIONS REIMBURSEMENTS TO COUNTIES (Section 221.105) – The DOC would continue to be required to reimburse to a county for the actual cost of incarceration of a prisoner. However, the provision requiring the amount would not be less than that appropriated in the previous fiscal year would be repealed.

COUNTY CORONER EMERGENCY VEHICLES (Sections 304.022 and 307.175) – Coroners, medical examiners, and forensic investigators of the county medical examiner's office or a similar entity would be allowed to display emergency lights on their vehicles or equipment when responding to a crime scene, motor vehicle accident, workplace accident, or any location where their services were requested by law enforcement. For purposes of motorists' obligation to yield to emergency vehicles displaying emergency lighting, the definition of “emergency vehicle” would be amended.

OFFENSE OF STALKING (Section 455.010) – As relates to issuance of orders of protection, “stalking” would be redefined to mean two or more acts that serve no legitimate purpose including, but not limited to, acts in which the stalker directly, indirectly, or through a third party follows, monitor, observes, surveils, threatens, or communicates to a person by any action, method, or device.

FEES FOR POLICE REPORTS (Section 479.162) – In a proceeding for a municipal ordinance violation or any other proceeding in municipal court if the charge carried the possibility of 15 days or more in jail, a defendant would not be charged any fee for obtaining a police report or probable cause statement. The prosecutor would be required to provide such police report or probable cause statement upon written request by the defendant during discovery.

CRIME LABORATORY SURCHARGES (Section 488.029) – A surcharge of $150 is to be assessed and collected in all criminal cases for any controlled substance offense in which a crime laboratory makes an analysis of a controlled substance. However, no such surcharge is to be assessed when the costs are waived or are to be paid by the state or if the proceeding as been dismissed by a court.

CONFIDENTIALITY OF CRIME STOPPERS ORGANIZATIONS (Section 546.265) – No person would be required to disclose a privileged communication between a person who submitted a report of alleged criminal activity to a crime stoppers organization and the person who accepted the report on behalf of the organization, by testimony or otherwise. Nor would a person who submitted a report of alleged criminal activity to a crime stoppers organization be required to produce any records, documentary evidence, opinions, or decisions related to the privileged communication, under subpoena. Any person arrested or charged with a criminal offense could petition the court for private inspection of the records of a privileged communication concerning himself or herself made to a crime stoppers organization. The petition would have to allege facts showing that the records would provide evidence favorable to the defendant and relevant to the issue of guilt or punishment. If the court determined that the person was entitled to any or all of the records, the court could order production and disclosure as it deemed appropriate.

CREDIT FOR JAIL TIME AWAITING TRIAL (Section 558.031) – A person would receive credit toward a sentence of imprisonment for all time in prison, jail, or custody after conviction, as opposed to the current after the offence occurred, and before commencement of the sentence. However, the circuit court, when pronouncing sentence, may award credit for time spent “after the offense occurred.”

This will be applicable to offenses occurring on or after August 28, 2021.

SPECIAL VICTIMS (Section 565.058) – Any special victim, as defined by law would not be required to reveal any current address or place of residence except to the court in camera for the purpose of determining jurisdiction and venue. Additionally, any special victim could file a petition with the court alleging assault in any degree by using his or her identifying initials instead of his or her legal name if said petition alleged that he or she would be endangered by such disclosure.

OFFENSE OF UNLAWFUL POSTING OF CERTAIN INFORMATION ONLINE (Section 565.240) – To the list for which one commits the offense of unlawful posting over the internet if s/he knowingly posts intending to cause great bodily harm or death, or threatening to cause great bodily harm or death, “any other personally identifiable information" would be added to the name, home address, Social Security number, or telephone number of any person If the post is about law enforcement officers, corrections officers, parole officers, or prosecuting attorneys, or their immediate family members, the offense is upgraded from a class C misdemeanor to a class E felony.

SEXUAL MISCONDUCT OF POLICE OFFICERS (Section 566.145) – A law enforcement officer who engaged in sexual conduct with a detainee or prisoner in the custody of such officer would be guilty of a class E felony.

OFFENSE OF USING A LASER POINTER (Section 574.110) A person would commit the offense of using a laser pointer, by knowingly directing the light from a laser pointer at a uniformed safety officer, including a peace officer, security guard, firefighter, emergency medical worker, or other uniformed municipal, state, or federal officer. A violation would be a class A misdemeanor.

Causing a peace disturbance while inside a health care facility;
Refusing an order to vacate a health care facility when requested to by an employee; or
Threatening to inflict injury on the patients or employees, or to inflict damage on the facility.

The first offense would be a class D misdemeanor. Any second or subsequent offense would be a class C misdemeanor.

OFFENSE OF FAILURE TO EXECUTE A WARRANT (Section 575.180) – A law enforcement officer acting under exigent circumstances in failing to execute an arrest warrant on a person who has committed a misdemeanor offense for a traffic violation would be added as an affirmative defense to the offense of failure to execute a warrant.

PEACE OFFICER LICENSURE (Sections 590.030) – In addition to the current conditions of licensure requiring all licensed peace officers to obtain continuing law enforcement education and maintain a current address of record on file with the POST Commission. peace officers would have to 1) submit to being fingerprinted on or before January 1, 2022, and every six years thereafter, and 2) submit to fingerprinting for the purposes of a criminal history background check, and 3) enroll in the state and federal Rap Back Program.

Any time peace officers were commissioned with a different law enforcement agency, they would have to submit to being fingerprinted. Criminal history background checks would have to include the records of the FBI. The report resulting from the background check would have to be forwarded to the peace officer's law enforcement agency. Enrollment in the Rap Back Program would be used for purposes of peace officers’ disciplinary reports, as required by law. Law enforcement officers and law enforcement agencies would have to take all necessary steps to maintain officer enrollment in Rap Back for as long as an officer was commissioned with that agency. All law enforcement agencies would have to enroll in the state and federal Rap Back programs on or before January 1, 2022.

COMMISSIONING REQUIREMENTS OF PEACE OFFICERS (Sections 590.070 and 590.075) – Prior to commissioning any peace officer, the CEO of the commissioning law enforcement agency would be required to request a certified copy, from the Director of the Post Commission, of all notifications regarding the circumstances surrounding an officer's departure that each CEO of an agency, from which the officer is departing, must now provide to the director. The director would have to provide that information to the commissioning CEO within three days of the request. Further, the CEO of each law enforcement agency would have absolute immunity from suit for complying with the notification requirements to the Director, unless s/he presented false information with the intention of causing reputational harm to the peace officer.

CRITICAL INCIDENT STRESS MANAGEMENT PROGRAM (Section 590.192) – The “Critical Incident Stress Management Program” would be created to assist peace officers to cope with stress and potential psychological trauma resulting from a response to a critical incident – one outside the usual realm of human experience that is markedly distressing or evokes reactions of intense fear, helplessness, or horror and involves the perceived threat to a person's (or someone else’s physical integrity), or an emotionally difficult event.

All peace officers would be required to meet with a program service provider once every three to five years for a mental health check-in, with notification to his or her commanding officer that such check-in has been completed. Any information disclosed during the check-in would be privileged and generally could not be used as evidence in criminal, administrative, or civil proceedings against the officer.

The “988 Public Safety Fund” would be created within the state treasury to be used by the Department of Public Safety to provide services for peace officers to assist in coping with stress and potential psychological trauma resulting from a response to a critical incident or emotionally difficult event. Such services could include consultation, risk assessment, education, intervention, and other crisis intervention services.

RESPIRATORY CHOKE-HOLDS (Section 590.805) – A law enforcement officer would be prohibited from knowingly using a respiratory choke-hold unless it were used in defense of the officer or another from serious physical injury or death. A respiratory choke-hold would include the use of any body part or object to attempt to control or disable by applying pressure to a person's neck with the purpose of controlling or restricting that person's breathing.

POLICE USE OF FORCE DATABASE (Section 590.1265) – The “Police Use of Force Transparency Act of 2021” would require each law enforcement agency, starting March 1, 2022, to collect and report local data on use-of-force incidents involving peace officers to the National Use of Force Data Collection through the Law Enforcement Enterprise Portal administered by the Federal Bureau of Investigation (FBI), at least annually. Additionally, each law enforcement agency would be required to submit such information to the Department of Public Safety. The personally identifying information of individual peace officers would not be included in the reports.

The Department of Public Safety would be required to publish the data reported by law enforcement agencies in a publicly available report. It also would have to undertake an analysis of any trends and disparities in rates of use of force by all law enforcement agencies. The report would have to be released to the public no later than June 30, 2025, and it would have to be updated at least every five years.

CONFIDENTIAL RECORDS (Section 610.120) – The requirement that closed records be available to law enforcement agencies for the issuance of permits to people seeking such permits to purchase or possess a firearm would be repealed.

ARREST RECORDS ELIGIBLE FOR EXPUNGEMENT (Section 610.122) – The provision that an arrest record would only be eligible for expungement if the person who was arrested had no prior or subsequent misdemeanor or felony convictions would be repealed.

EXPUNGEMENT OF RECORDS (Section 610.140) – A person convicted of the offense of unlawful use of weapons for exhibiting any weapon readily capable of lethal use in an angry or threatening manner in the presence of one or more person would be added to those unlawful use of weapons offenses that would not disqualify a person from eligibility for expungement.

In the case of a felony offense, the time for filing a petition for expungement is changed from seven years to three years from the date the petitioner completed any disposition of sentence imposed. In the case of a misdemeanor offense, the time for filing a petition for expungement is changed from three years to one year from the date the petitioner completed any disposition of sentence imposed.

In addition to current law stating that any rights that were restricted as a collateral consequence of a person's criminal record are to be restored upon issuance of the order of expungement, the bill would provide for purposes of 18 U.S.C. 921(a)33(B)(ii), an order or expungement granted pursuant to §610.140, RSMo, would be considered a complete removal of all effects of the expunged conviction. In short, this provision is an attempt to amend state statute in order to change the manner in which the federal government treats Missouri’s expungement actions for purposes of 18 U.S.C. 921(a)33(B)(ii).

SB 57 (May) Relating to funding to certain organizations to deter criminal behavior

Bill Text (TAFP – SS/SCS/SB 57)

ECONOMIC DISTRESS ZONE FUND (Section 650.550) – The “Economic Distress Zone Fund” would be established. It would be used solely by the Department of Public Safety to provide funding to organizations registered with the IRS as 501(c)(3) corporations that provide services to the state’s residents located in areas of high incidents of crime and deteriorating infrastructure for the purpose of deterring criminal behavior in such areas. If money appropriated to the fund were to exceed $3 million dollars, excluding any money made available by gift or otherwise, such money would revert to general revenue. This provision would sunset on August 28, 2024.

SB 71 (Gannon) – Relating to civil proceedings

Bill Text (TAFP – HCS/SS/SCS/SB 71)

Senate Bill 71 contained numerous new or amended statutory sections. Only those which may be relevant to criminal law or public safety are summarized below:

DEFINITIONS OF “STALKING” AND “COURSE OF CONDUCT” (Section 455.010) – As relates to issuance of orders of protection, "stalking" and “course of conduct” would be redefined to mean two or more acts that serve no legitimate purpose including, but not limited to, acts in which the stalker directly, indirectly, or through a third party follows, monitor, observes, surveils, threatens, or communicates to a person by any action, method, or device.

SB 262 (Schatz) – Relating to Transportation, with penalty provisions

Bill Text (TAFP – SS#2/SCS/SB 262)

Senate Bill 262 contained numerous new or amended statutory sections. Only those which may be relevant to criminal law or public safety are summarized below:

CDL BANS FOR HUMAN TRAFFICKING CONVICTIONS (Section 302.755.19) – A lifetime ban from driving a commercial motor vehicle would be imposed on any person convicted of using a commercial motor vehicle in the commission of a felony involving “severe forms of human trafficking in persons” as defined in 22 U.S.C. 7102 (11). This provision would take effect upon the governor’s signature.

HB 69 (Billington) Relating to certain metals, with penalty provisions

Bill Text (TAFP – SCS/HCS#2/HB 69

PRECIOUS METALS (Section 407.292, RSMo) – Buyers of precious metal would be required to retain each item purchased in an unaltered condition for a period of 10 days that the buyer is open to the public. As opposed to “five full working days” as currently required.

Records of buyer transactions would have to be made available upon request at the location where the transaction occurred. The buyer could not keep law enforcement officials, governmental entities, or any other concerned entities or persons from accessing such records during the buyer's normal business hours.

COPPER PROPERTY (Section 407.297) – A person would be prohibited from engaging in business as a copper property peddler in the city of St. Louis without first obtaining a license from the city.

A license would not be granted to any person who had been convicted of burglary, robbery, stealing, theft, or possession or receiving stolen goods in the two years prior to the date of application for the license. Licenses would expire June 30 each year. The city has the power and authority to revoke a copper property peddler's license for any willful violation of the provisions of the section. This provision would be effective only when the city is actively issuing licenses to copper property peddlers.

RECORDS FOR THE SALE OF METAL (Section 407.300) – Sales records of certain metals are required to be maintained for three years rather than two as is currently required. A transaction that included a detached catalytic converter would have to occur at the fixed place of business of the purchaser. A detached catalytic converter would have to be maintained for five business days before it was altered, modified, disassembled, or destroyed.

Anyone licensed for selling motor vehicle parts, who knowingly purchased a stolen detached catalytic converter, would be subject to penalties in the amount of $5000 for the first violation, $10,000 for the second, and license revocation for a third violation.

The exception – stating no records would need to be maintained for any transaction for which a total amount paid for all regulated material purchased or sold did not exceed $50, unless the material was a catalytic converter – would be repealed. Thus, written or electronic records would have to be maintained for each purchase or trade-in.

If the seller had an existing business relationship with the purchaser and the seller was paid by check or by electronic funds transfer, or if the seller was able to produce an acceptable identification (a driver's license or photo i.d. issued by the state or by the U.S. government or agency) and the purchaser retained a copy, then the records requirement would not apply to transactions.

Transactions for metal, that is a minor part of heating and cooling equipment, would be subject to the records requirement.

OFFENSE OF STEALING (Section 570.030) – The offense of stealing a catalytic converter would be a class E felony.

HB 85 (Taylor) – Relating to the sole purpose of adding additional protections to the right to bear arms, with penalty provisions and an emergency clause (“Second Amendment Preservation Act”)

Bill Text (TAFP – SS/SCS/HCS/HBs 85 & 310)

CITATION OF LAW AND LEGISLATIVE FINDINGS (Section 1.410) – In adopting the Second Amendment Preservation Act, the General Assembly finds and declares that:

The General Assembly is firmly resolved to support and defend the Constitution of the United States against every aggression and is duty-bound to oppose infractions of certain fundamental principles;
The people created the federal government to exercise defined powers and reserved to the states the power to legislate on matters concerning the lives, liberties, and properties of citizens in the ordinary course of affairs;
The total scope of federal powers is defined and all powers not delegated are reserved to the states respectively or to the people themselves;
Acts of the federal government outside those delegated grants of powers are unauthoritative, void, and of no force;

Federal statutes and other actions that collect data or restrict or prohibit the manufacture, ownership, or use of firearms, firearm accessories, or ammunition exclusively within the borders of Missouri exceed the powers granted to the federal government except as they relate to the regulation of the United States Armed Forces or militia forces actively employed in the service of the United States Armed Forces;
The congressional power to regulate interstate commerce does not include the power to limit citizens’ right to keep and bear arms;
The congressional taxation power and the Necessary and Proper Clause identify the means by which the federal government may execute its limited powers;
The federal excise tax rate on arms and ammunition in effect prior to January 1, 2021, which funds programs under the Wildlife Restoration Act, does not have a chilling effect on the purchase or ownership of arms and ammunition;
The people of Missouri have vested the General Assembly with the authority to regulate the manufacture, possession, exchange, and use of firearms within the borders of Missouri, subject to the limits imposed by the second amendment to the federal constitution and the Constitution of Missouri; and

The General Assembly strongly promotes responsible gun ownership and condemns any unlawful transfer of firearms and the use of any firearm in any criminal or unlawful activity.

ACTS INFRINGING ON THE PEOPLE'S RIGHT TO KEEP AND BEAR ARMS (Section 1.420) – Certain federal acts, laws, executive orders, administrative orders, court orders, rules, and regulations would be considered infringements on the people's right to keep and bear arms as guaranteed by the Second Amendment to the United States Constitution and Article I, Section 23 of the Constitution of Missouri. These infringements would include:

The imposition of a tax, levy, fee, or stamp on firearms, firearm accessories, or ammunition;
Requirements to register or track these items or their owners;
Any prohibition on the possession, ownership, use, or transfer of a firearm, accessory or ammunition; or
Ordering the confiscation of these items.

EFFECTS OF INFRINGEMENTS ON THE PEOPLE'S RIGHT TO KEEP AND BEAR ARMS (Section 1.430) – All federal acts, laws, executive orders, administrative orders, court orders, rules, and regulations, including those enacted prior to Missouri’s Second Amendment Preservation Act, that infringe on the people’s right to keep and bear arms would be invalid, would not be recognized, would not be enforced, and would be rejected by the state of Missouri.

DUTIES AND PROHIBITIONS ON ENFORCEMENT (Sections 1.440 and 1.450) – The courts and law enforcement agencies would have a duty to protect the rights of law-abiding citizens to keep and bear arms. Furthermore, no person, including a public officer or state employee of this state or any of its political subdivisions, would have authority to enforce or attempt to enforce any federal laws, orders, or rules infringing on the right to keep and bear arms. However, public officials could accept aid from federal officials to enforce Missouri laws.

LIABILITY FOR VIOLATIONS AND PENALTIES, REMEDIES AND STANDING (Sections 1.460 and 1.470) – Any entity or person who knowingly acted under the color of any federal or state law to deprive a Missouri citizen of the rights or privileges ensured by the federal and state constitutions to keep and bear arms would be liable to the injured party for redress, including monetary damages in the amount of $50,000 per occurrence and injunctive relief. Reasonable attorney fees and costs could be awarded to the prevailing party. The employer of the individual who is found liable would be responsible for the civil penalty, attorney's fees, and court costs associated with the litigation if the individual were found to have infringed upon citizens’ rights to bear arms. A person would have standing to pursue an action for injunctive relief in the circuit court of the county in which the action allegedly occurred or in the circuit court of Cole County. The court would be required to hold a hearing on the motion for a temporary restraining order and preliminary injunction within thirty days of service of the petition. Sovereign immunity would not be an affirmative defense to any action, nor could government entities recover reasonable attorneys’ fees and costs.

DEFINITIONS, SUPPORT AND EXCEPTIONS (Section 1.480) – Material aid and support would include voluntarily giving or allowing others to make use of lodging; communications equipment or services; facilities; weapons; personnel; transportation; clothing; or other physical assets. The term would not include giving or allowing the use of medicine or materials necessary to treat physical injuries, or any assistance provided to help persons escape a serious, present risk of life-threatening injury.

Material aid could be provided to federal officials who are in pursuit of a suspect when there was a demonstrable criminal nexus with another state or country, and the suspect was neither a citizen of, nor present in, this state. Further, aid could be provided to federal prosecution for:

felony crimes against a person when the prosecution included weapons violations substantially similar to those in chapter 570 or chapter 571, so long as such weapons violations were merely ancillary to the prosecution; or
class A or class B felony violations substantially similar to those in chapter 579, when the prosecution included weapons violations substantially similar to those in chapter 570 or chapter 571, as long as such weapons violations were merely ancillary to such prosecution.

SEVERABILITY (Section 1.485) – The provisions of the Second Amendment Preservation Act would be applicable to offenses occurring on or after August 28, 2021, and the provisions of the act would be severable.

HB 661 (Ruth) – Relating to transportation, with penalty provisions, and a delayed effective date for a certain section

Bill Text (TAFP – SS#2/HB 661)

House Bill 661 contained numerous new or amended statutory sections. Only those which may be relevant to criminal law or public safety are summarized below:

FEES FOR RECORDS REQUESTS (Section 43.253) – The State Highway Patrol would be authorized to charge a minimum fee of $5 where there are allowable fees of less than $5 for records requests under chapter 43 or chapter 610, RSMo. The superintendent of the Highway Patrol could increase the minimum fee by $1 every other year, but the minimum fee could not exceed $10. If a person requesting records failed to remit all fees within thirty days of the Highway Patrol requesting payment, the records request would be considered withdrawn.

MOTOR VEHICLE ODOMETER READINGS (Sections 301.192, 301.280, 407.526, 407.536, and 407.556) – Various laws in which a motor vehicle odometer reading certification was, or was not, required would be amended.

The determination that a first-time certificate of ownership could be issued if the application were accompanied by an odometer reading certification when a vehicle, valued at less than $3,000, is at least seven but less than 10 years old at the time of application would be changed to “if the motor vehicle has a model year of 2011 or newer and is less than 20 years of age.”

The requirement that motor vehicle dealers make a monthly report to the Department of Revenue regarding vehicles or trailers sold, taxes collected, etc., include an odometer reading for vehicles that are less than 10 years old would be changed to motor vehicles that are twenty years old or older.

The crime of odometer fraud in the third degree would be changes from operation of a motor vehicle that is less than 10 years old to one that is twenty years old with a model year of 2011 or newer.

The exception regarding odometer fraud in sections 407.511 to 407.556 (Merchandising Practices – Mileage Recorders, Altering or Resetting Prohibited) would be changed from not applying to a motor vehicle that is ten or more years old to one that was ten or more years old.

OPERATION OF A COMMERCIAL MOTOR VEHICLE (Section 302.755) – A person would be disqualified from driving a commercial motor vehicle for life if they were convicted of using a commercial motor vehicle to commit a felony involving severe forms of trafficking in persons.

DETACHED CATALYTIC CONVERTERS (Sections 407.300 and 570.030) – The records of sales of certain metals and metal items, including detached catalytic converters, would be required to be maintained for three years rather than two years. A transaction that included a detached catalytic converter would have to occur at the fixed place of business of the purchaser. A detached catalytic converter would have to be maintained for five business days before it was altered, modified, disassembled, or destroyed.

Anyone licensed for selling motor vehicle parts who knowingly purchased a stolen detached catalytic converter would be subject to penalties.

The offense of stealing would be a class E felony if the property was a catalytic converter.