22
July
2022
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10:02 AM
America/Chicago

Legislative Update: Upcoming new criminal and public safety laws


The General Assembly will reconvene on Wednesday, September 14, 2022, for its annual session to reconsider vetoed bills.  The governor has communicated his intent to call an extraordinary session of the General Assembly to consider broad changes to state tax law (including income tax cuts) and to extend the expiration date for certain agricultural tax credits beyond the two years proposed by the General Assembly.  Unless the legislation itself provides otherwise, the effective date for the 2022 legislation signed by the governor will be August 28, 2022.  This week’s Legislative Update features highlights of enacted legislation relating to criminal law and public safety.  Updates in the coming weeks will also focus on enacted legislation in particular practice or subject areas.  A complete breakdown of the 2022 Truly Agreed To and Finally Passed Legislation will be available to members of The Missouri Bar in the August issue of the Legislative Digest (prior to August 28, 2022).   

CRIMINAL LAW AND PUBLIC SAFETY

Most of the bills listed below contained numerous new or amended statutory sections.  Only those which may be relevant to criminal law or public safety are summarized below:  

SB 655 (Crawford) – Relating to the Missouri Local Government Employees’ Retirement System
05/13/2022 – Truly Agreed To and Finally Passed 
05/18/2022 – Presented to Governor
06/16/2022 – Signed by Governor

ADDITION OF PUBLIC SAFETY PERSONNEL MEMBERS TO LAGERS – ALL POLITICAL SUBDIVISIONS (Section 70.631) (Amend) – Currently, the provisions of section 70.631 (county election to cover certain employees as public safety personnel members of the Local Government Employees’ Retirement System) only apply to third class counties and “any county of the first classification with more than seventy thousand but fewer than eighty-three thousand inhabitants and with a city of the fourth classification with more than thirteen thousand five hundred but fewer than sixteen thousand inhabitants as the county seat” (Cape Girardeau County).  This limitation is repealed, permitting a political subdivision (as defined in section 70.600) to elect to cover these employees as public safety personnel members.
 

SS SB 678 (Luetkemeyer) – Relating to the Kansas City Board of Police
05/13/2022 – Truly Agreed To and Finally Passed 
05/18/2022 – Presented to Governor
06/27/2022 – Signed by Governor

KANSAS CITY BOARD OF POLICE COMMISSIONERS – ANNUAL BUDGET ESTIMATE – LIMITATION (Section 84.730) (Amend) – Annually, the Kansas City Board of Police Commissioners shall prepare a budget for the next fiscal year to meet the expenses of the police department, which shall be certified to the governing body of the city for appropriation.  In no event shall the governing body be required to appropriate an amount in excess of one-fourth (rather than one-fifth) of the general revenue fund of such year. 

N.B.:  This legislation originally contained an emergency clause, which would have made it effective upon approval by the governor, but the House of Representatives did not adopt the emergency clause.  Therefore, it will take effect on August 28, 2022. 
 

CCS HCS SS SCS SBs 775, 751 & 640 (Thompson Rehder) – Relating to judicial proceedings, with penalty provisions
05/12/2022 – Truly Agreed To and Finally Passed 
05/18/2022 – Presented to Governor
07/01/2022 – Signed by Governor

SECONDARY SOURCES DO NOT CONSTITUTE LAW OR PUBLIC POLICY, WHEN (Section 1.016) (New) – A secondary source (including a legal treatise, scholarly publication, textbook, or other explanatory text) does not constitute the law or public policy of the state of Missouri to the extent that:

  • Its adoption would create, eliminate, expand, or restrict a cause of action, right, or remedy; or
  • It is inconsistent with, in conflict with, or otherwise not addressed by Missouri statutory law or Missouri appellate case law precedent. 

SUSPECTED VICTIMS OF SEX TRAFFICKING, LAW ENFORCEMENT DUTIES – DIVISION DUTIES – PROCEDURE (Section 210.1500) (New) – When there is reasonable cause to suspect that a child located by a police officer or law enforcement official may be a victim of sex trafficking or sever forms of sex trafficking (22 U.S.C. Section 7102), the officer or official shall immediately cause a report to be made to the Children’s Division in accordance with section 210.115.  Upon the Children’s Division receiving the report and determining that it merits an investigation, the reporting official and the division shall ensure the immediate safety of the child and shall coinvestigate the complaint to its conclusion. 

The police officer or law enforcement official take or retain temporary protective custody of the child (without the consent of the child’s parent(s), guardian, or any other person legal responsible for the child’s care), as provided under section 210.125, if the officer or official has reasonable cause to believe:

  • That the child is in imminent danger of suffering serious physical harm or a threat to life as a result of abuse or neglect due to sex trafficking or sexual exploitation; and
  • That the harm or threat to life may occur before a juvenile court is able to issue a temporary protective custody order or before a juvenile officer is able to take the child into protective custody.

If the child is already under the jurisdiction of the juvenile court (Section 211.031.1(1)(a)) and in the legal custody of the Children’s Division, the officer or official and the Children’s Division shall secure placement for the child in the least restrictive setting in order to ensure the child’s safety from further sex trafficking or severe forms of trafficking. 

The Children’s Division and the reporting officer or official shall ensure a referral is made to a child advocacy center for a forensic interview and a SAFE CARE provider evaluation. 

For purposes of this section, multidisciplinary teams shall be used when conducting an investigation and in providing protective or preventive social services. 

STATEWIDE COUNCIL ON SEX TRAFFICKING AND SEXUAL EXPLOITATION OF CHILDREN CREATED – MEMBERS, DUTIES, REPORT – EXPIRATION DATE (Section 210.1505) (New) – A sixteen-member “Statewide Council on Sex Trafficking and Sexual Exploitation of Children” is established to (1) collect and analyze data relating to sex trafficking and sexual exploitation of children and (2) collect feedback from stakeholders, practitioners, and leadership throughout the state in order to develop best practices and procedures regarding the response to sex trafficking and sexual exploitation of children.  The Department of Social Services shall provide administrative support to the council.  On or before December 31, 2023, the council shall submit a report of its activities and recommendations to the governor, the General Assembly, and the Joint Committee on Child Abuse and Neglect.  The council shall expire on December 31, 2023. 

JUVENILE COURT TO HAVE EXCLUSIVE JURISDICTION, WHEN – EXCEPTIONS – HOME SCHOOLING, ATTENDANCE VIOLATIONS, HOW TREATED (Section 211.031) (Amend) – Except as otherwise provided in chapter 211, the juvenile court (or the family court in circuits that have a family court) shall have exclusive original jurisdiction in proceedings involving a child who has been a victim of sex trafficking or sexual exploitation. 

PROBATION TERMS

Earned Compliance Credits Awarded, When (Section 217.703) (Amend) – If hearing is held, all earned credits shall be rescinded if the court or board revokes the probation or parole or the court places the offender in a department program under subsection 4 of section 559.036.  The additional reference to “or section 217.785” is repealed. 

Duration of Probation – Revocation (Section 559.036) (Amend) – The total time on any probation term shall not include time when the probation term is suspended under section 559.036

Upon receiving a court order placing an offender in a Department of Corrections’ 120-day program, the department shall conduct an assessment of the offender and place the offender in either the 120-day structured cognitive behavioral intervention program or the 120-day institutional treatment program.  The placement of the offender in the structured cognitive behavioral intervention program or the institutional treatment program shall be at the sole discretion of the department, based on the assessment of the offender.  The program shall begin upon the department’s receipt of the offender.  The time between the court’s order and receipt of the offender shall not apply toward the program. 

Upon successful completion of a program (as determined by the department), the Division of Probation and Parole shall advise the sentencing court of the defendant’s probationary release date thirty days prior to release.  If the department determines the defendant has not successfully completed a 120-day program, the Division of Probation and Parole shall advise the prosecuting attorney and the sentencing court of the defendant’s unsuccessful program exit and the defendant shall be removed from the program.  The defendant shall be released from the department within fifteen working days after the court is notified, unless the court has issued a warrant to facilitate the return of the defendant to the county of jurisdiction for further court proceedings.  If a defendant is discharged as unsuccessful from a 120-day program, the sentencing court may modify, enlarge, or revoke the defendant’s probation based on the same incident of the violation.   

Notwithstanding any other law to the contrary, the probation term shall be tolled during the time period when the probation is suspended under this section.  When reinstating the probation term, the court may grant the probationer credit on the probation term for any of the tolled period. 

If the delay of a revocation hearing is attributable to the probationer’s actions or the probationer otherwise consents or acquiesces to the delay, the court shall have been found to have made every reasonable effort to conduct the hearing within the probation term. 

120-Day Program – No Probation in Certain Cases (Section 559.115) (Amend) – The court may recommend placement of an offender in a Department of Corrections 120-day program under subsection 3 of this section.  The department shall assess each offender to determine the appropriate program in which to place the offender, which may include placement in the structured cognitive behavioral intervention program or the institutional treatment program.  The placement of the offender in either program shall be at the sole discretion of the department, based on the assessment of the offender and available bed space.  If the department determines the offender has not successfully completed a 120-day program under subsection 3, the Division of Probation and Parole shall advise the prosecuting attorney and the sentencing court of the defendant’s unsuccessful program exit, and the defendant shall be removed from the program. 

In addition to those offenses currently listed, probation may not be granted pursuant to this section to offenders who have been convicted of any offense under section 557.045.      

ORDERS OF PROTECTION (Sections 455.073, 455.075, and 455.085) (Amend) – If a court grants a full order of protection, all temporary orders shall continue in the full order of protection and shall remain in full force and effect unless otherwise ordered by the court.

Additionally, the court may order a party to pay a reasonable amount to the other party for attorney’s fees incurred prior to the commencement of the proceeding, throughout the proceeding, and after entry of judgment for orders of protection.

A party is deemed to have notice of an order of protection if:

  • The law enforcement officer responding to a call of a reported incident of domestic violence, stalking, sexual assault, or violation of an order of protection presented a copy of the order of protection to the respondent; or
  • Notice is given by actual communication to the respondent in a manner reasonably likely to advise the respondent.

ELEVENTH JUDICIAL CIRCUIT – TREATMENT COURT (Section 478.600) (Amend) – The requirement that the treatment court commissioner position in the Eleventh Judicial Circuit (St. Charles) that was converted to an associate circuit judge position in 2007 be designated as division eleven and retain the duties and responsibilities with regard to the treatment court is repealed. 

VICTIM OR WITNESS IN CERTAIN CASES NOT TO BE INTERROGATED AS TO PRIOR SEXUAL CONDUCT (Section 491.015) (Amend) – In prosecutions under chapter 566 or prosecutions related to sexual conduct under chapter 568, opinion and reputation evidence of the prior sexual conduct, acts, or practices of a victim or witness is inadmissible at any trial, hearing, or court proceeding, and not a subject for inquiry during a deposition or discovery.  Evidence of specific instances of the prior sexual conduct, acts, or practices of a victim or witness is also inadmissible at any trial, hearing, or any other court proceeding, and not a subject for inquiry during a deposition or discovery, except for the reasons listed in this section. 

DOMESTIC ASSAULT, VICTIM AND VICTIM’S FAMILY NOT TO BE COMPELLED TO TESTIFY OR DISCLOSE CERTAIN INFORMATION (Section 546.262) (New) – A court shall not compel a victim or member of the victim’s family testifying in a criminal proceeding for a violation of sections 565.072 to 565.076 (domestic assault) to disclose a residential address or place of employment on the record in open court unless the court finds that disclosure of the address or place of employment is necessary. 

DOMESTIC ASSAULT, VICTIM MAY TESTIFY BY VIDEO CONFERENCE – LOCAL COURT RULES (Section 546.263) (New) – At a civil trial involving an offense under sections 565.072 to 565.076 (domestic assault), the victim of the offense may testify by video conference.  The circuit and associate circuit judges for each circuit shall develop local rules and instructions for appearances by video conference permitted under subsection 1 of this section, which shall be posted on the circuit court’s internet website.  The circuit and associate circuit judges for each circuit shall provide (and post on the circuit court’s internet website) a telephone number for the public to call for assistance regarding appearances by video conference. 

CONVICTION OF INCLUDED OFFENSES – JURY INSTRUCTIONS (Section 556.046) (Amend) – The court shall not be obligated to charge the jury with respect to an included offense unless there is a rational basis for a verdict acquitting the person of the offenses charged and convicting the person of the included offense.  The court shall be obligated to instruct the jury with respect to a particular included offense only if the instruction is requested and there is a rational basis in the evidence for acquitting the person of the immediately higher included offense and convicting the person of that particular included offense. 

CHAPTER 566 AND CHAPTER 568 DEFINITIONS (Section 566.010) (Amend) – As used in chapter 566 and chapter 568, the term “sexual contact,” is amended to include the phrase “causing semen, seminal fluid, or other ejaculate to come into contact with another person.” 

OFFENSE OF SEXUAL CONTACT WITH A STUDENT (Section 566.086) (Amend) – In addition to the persons currently covered, a person commits the offense of sexual contact with a student if the person has sexual contact with a student of the school and is a coach, assistant coach, director, or other adult with a school-aged team, club, or ensemble, regardless of whether such team, club, or ensemble is connected to a school or scholastic association. 

For purposes of subdivision (7), “school-aged team, club, or ensemble” means any group organized for individual or group competition for the performance of sports activities or any group organized for individual or group presentation for fine or performing arts, by any child under eighteen years of age. 

CERTAIN OFFENDERS NOT TO BE PRESENT WITHIN 500 FEET OF DESIGNATED LOCATIONS (Sections 566.149 and 566.150) (Amend) – Any person who has been found guilty of specific criminal offenses is prohibited from being present in or loitering within 500 feet of certain designated locations.  The offense of possession of child pornography (section 573.037) is added to these lists of offenses in sections 566.149 and 566.150.     

CERTAIN OFFENDERS NOT TO SERVE AS ATHLETIC COACHES, MANAGERS, OR TRAINERS (Section 566.155) (Amend) – Any person who has been found guilty of specific criminal offenses shall not serve as an athletic coach, manager, or athletic trainer for any sports team in which a child less than seventeen years of age is a member or shall not supervise or employ any child under eighteen years of age.  The offense of possession of child pornography (section 573.037) is added to the list of offenses in this section.      

OFFENSE OF PROSTITUTION (Section 567.020) (Amend) – A person shall not be certified as an adult or adjudicated as a delinquent for the offense of prostitution under this section if the person was under the age of eighteen at the time the offense occurred.  In such cases where the person was under the age of eighteen, the person shall be classified as a victim of abuse (as defined under section 210.110), and such abuse shall be reported immediately to the Children’s Division (as required under section 210.115) and to the juvenile officer for appropriate services, treatment, investigation, and other proceedings (as provided under chapters 207, 210, and 211).  Upon request, the local law enforcement agency and the prosecuting attorney shall assist the Children’s Division and the juvenile officer in conducting the investigation. 

CHAPTER 573 DEFINITIONS – SEXUAL PERFORMANCE (Section 573.010) (Amend) – As used in chapter 573, the term “sexual performance” means any performance, or part thereof, which includes sexual contact with a child who is less than eighteen years of age (rather than seventeen years of age). 

OFFENSE OF ENABLING SEXUAL EXPLOITATION OF A MINOR (Section 573.024) (New) – A person commits the offense of enabling sexual exploitation of a minor if such person (acting with criminal negligence) permits or allows any violation of section 566.210 (first degree sexual trafficking of a child), 566.211 (second degree sexual trafficking of a child), 573.020 (promoting obscenity in the first degree), 573.023 (sexual exploitation of a minor), 573.025 (promoting child pornography in the first degree), 573.030 (promoting obscenity in the second degree), 573.035 (promoting child pornography in the second degree), 573.200 (child used in a sexual performance), or 573.205 (promoting sexual performance by a child).  The offense is a class E felony for the first offense, and a class C felony for a second or subsequent offense.  If the person found guilty of the offense is an owner of a business (or the owner’s agent) and the business provided the location or locations for such exploitation, the business location or locations shall be required to close for up to one year for the first offense, and the length of time shall be determined by the court.  For a second offense, the business location or locations shall permanently close. 

OFFENSE OF PATRONIZING A SEXUAL PERFORMANCE BY A CHILD (Section 573.206) (New) – A person commits the offense of patronizing a sexual performance by a child if the person obtains, solicits, or participates in a sexual performance by a child under eighteen years of age.  The offense is a class felony. 

OFFENSE OF PROVIDING EXPLICIT SEXUAL MATERIAL TO A STUDENT (Section 573.550) (New) – For purposes of this section, the following terms or phrases are defined:

  • “Explicit sexual material”
  • “Person affiliated with a public or private elementary or secondary school in an official capacity”

A person commits the offense of providing explicit sexual material to a student if the person:

  • Is affiliated with a public or private elementary or secondary school in an official capacity; and
  • Knowing of its content and character:
    • Provides, assigns, supplies, distributes, loans, or coerces acceptance of or the approval of the providing of explicit sexual material to a student, or
    • Possesses with the purpose of providing, assigning, supplying, distributing, loaning, or coercing acceptance of or the approval of the providing of explicit sexual material to a student.

The offense is a class A misdemeanor. 

SEXUAL OFFENDER REGISTRY – DEFINITIONS (Section 589.404) (Amend) – For purposes of sections 589.400 to 589.425 (sexual offender registry), the term “sexual conduct” is defined, and the definition of the term “sexual contact” is amended to mirror the amended definition of section 566.010. 

SEXUAL ASSAULT SURVIVORS’ BILL OF RIGHTS – DEFINITIONS – RIGHTS ENUMERATED, NOTICE REQUIRED – DOCUMENT REQUIRED (Section 595.201) (Amend) – This section shall be known and may be cited as the “Sexual Assault Survivors’ Bill of Rights.”  For the purposes of this section, “sexual assault survivor” means any person who is fourteen years of age or older and who may be a victim of a sexual offense who presents themselves to an appropriate medical provider, law enforcement officer, prosecuting attorney, or court.  A sexual assault survivor retains all the rights of this section regardless of whether a criminal investigation or prosecution results or if the survivor has previously waived any of these rights.  These rights shall be in addition to other rights as designated by law and no person shall discourage a person from exercising these rights. 

A sexual assault survivor has the right to:

  • Consult with an employee or volunteer of a rape crisis center (as defined in section 455.003);
  • A sexual assault forensic examination (as provided in section 595.220);
  • A shower and a change of clothing, as reasonably available, at no cost to the survivor;
  • Request to be examined by an appropriate medical provider or interviewed by a law enforcement officer of the gender of the survivor’s choosing, when one is available;
  • An interpreter who can communicate in the language of the survivor’s choice, as is reasonably available, in a timely manner;
  • Notification and basic overview of the options of choosing a reported evidentiary collection kit, unreported evidentiary collection kit, and anonymous evidentiary collection kit (as defined in section 595.220);
  • Notification about the evidence tracking system (as defined in section 595.220.9);
  • Notification about the right to information pursuant to section 610.100.4 (a complete unaltered and unedited incident report and other records closed by a law enforcement agency); and
  • Be free from intimidation, harassment, and abuse in any related criminal or civil proceeding and the right to reasonable protection from the offender (or any person acting on behalf of the offender) from harm and threats of harm arising out of the survivor’s disclosure of the sexual assault.

An appropriate medical provider, law enforcement officer, and prosecuting attorney shall provide the sexual assault survivor with notification of these statutory rights in a timely manner.  Each one shall ensure that the sexual assault survivor has been notified of these rights. 

The Department of Public Safety shall develop a document (in collaboration with Missouri-based stakeholders) that includes:

  • A description of the rights of the sexual assault survivor pursuant to this section; and
  • Telephone and internet means for contacting a local rape crisis center (as defined in section 455.003).

This document shall be in clear language that is comprehensible to a person proficient in English.  The Department of Public Safety shall provide this document in any other foreign language spoken by at least five percent of the population in any county or city not within a county in Missouri. 

IDENTIFIABLE INFORMATION IN COURT RECORDS TO BE REDACTED, WHEN – DISCLOSURE OF INFORMATION PERMITTED, WHEN – DISCLOSURE OF IDENTIFYING INFORMATION REGARDING DEFENDANT, WHEN (Section 595.226) (Amend) – Any information contained in any court record (whether written or published on the internet), including any visual or aural recordings that could be used to identify or locate any victim of an offense under chapter 566 or a victim of domestic assault or stalking shall be closed and redacted from such record prior to disclosure to the public.  Identifying information shall include (but shall not be limited to) the:

  • Name;
  • Home or temporary address;
  • Personal email address;
  • Telephone number;
  • Social Security number;
  • Birth date;
  • Place of employment;
  • Any health information, including human immunodeficiency virus (HIV) status;
  • Any information from a forensic testing report; or
  • Physical characteristics, including an unobstructed visual image of the victim’s face or body.

Any person who is requesting identifying information of a victim and who has a legitimate interest in obtaining such information may petition the court for an in camera inspection of the records.  If the court determines the person is entitled to all or any part of such records, the court may order production and disclosure of the records, but only if the court determines that the disclosure to the person or entity would not compromise the welfare or safety of the victim, and only after providing reasonable notice to the victim and after allowing the victim the right to respond to such request.

DOMESTIC ASSAULT OFFENDERS, COSTS OF BATTERER INTERVENTION PROGRAM, HOW PAID (Section 595.320) (New) – If a judge orders a person convicted of an offense under sections 565.072 to 565.076 (domestic assault) to undergo a batterer intervention program (as described in section 455.549), the person shall be financially responsible for any costs associated with attending such class.

DETENTION FOR EVALUATION AND TREATMENT, WHO MAY REQUEST – PROCEDURE – DURATION – DISPOSITION AFTER APPLICATION (Section 632.305) (Amend) – An application for civil detention for evaluation and treatment may be executed by any adult person (who need not be an attorney or represented by an attorney) on a form provided by the court for such purpose and shall allege under oath, without a notarization requirement, that the applicant has reason to believe that the respondent is suffering from a mental disorder and presents a likelihood of serious harm to the respondent or to others.  The application shall specify the factual information on which such belief is based and should contain the names and addresses of all persons known to the applicant who have knowledge of such facts through personal observation.
 

SCS SB 799 (Hegeman) – Relating to escape from custody, with penalty provisions
05/13/2022 – Truly Agreed To and Finally Passed 
05/18/2022 – Presented to Governor
06/16/2022 – Signed by Governor

OFFENSE OF ESCAPE OR ATTEMPTED ESCAPE FROM CUSTODY – ARREST FOR OFFENSE OR PROBATION OR PAROLE VIOLATION (Section 575.200) (Amend) – A person commits the offense of escape from custody or attempted escape from custody if, while being held in custody after arrest for any offense or violation of probate or parole, the person escapes or attempts to escape from custody.  The amended offense remains a class A misdemeanor unless the person escaping or attempting to escape is under arrest for a felony (class E felony) or the offense is committed by means of a deadly weapon or dangerous instrument or by holding any person as hostage (class A felony). 
 

SS#2 SCS HCS HB 1472 (Pike) – Relating to the offense of money laundering, with penalty provisions 
05/12/2022 – Truly Agreed To and Finally Passed 
05/18/2022 – Presented to Governor 
06/16/2022 – Signed by Governor 

OFFENSE OF MONEY LAUNDERING – CRYPTOCURRENCY (Section 574.105) (Amend) – For purposes of section 574.105, the following additional terms are defined:

  • “Cryptocurrency”
  • “Financial transaction”
  • “Monetary instruments”
  • “Transaction”

A person commits the offense of money laundering if the person:

  • Conducts or attempts to conduct a financial transaction with the purpose to promote or aid the carrying on of criminal activity; or
  • Conducts or attempts to conduct a financial transaction with the purpose to conceal or disguise (in whole or in part) the nature, location, source, ownership, or control of the proceeds of criminal activity; or
  • Conducts or attempts to conduct a financial transaction with the purpose to avoid financial transaction reporting requirements under federal law; or
  • Conducts or attempts to conduct a financial transaction with the purpose to promote or aid the carrying on of criminal activity for the purpose of furthering or making a terrorist threat or act.

The offense remains a class B felony. 
 

CCS SS SCS HCS HB 1606 (McGaugh) – Relating to political subdivisions, with a delayed effective date for a certain section and with penalty provisions 
05/12/2022 – Truly Agreed To and Finally Passed
05/18/2022 – Presented to Governor
06/29/2022 – Signed by Governor

COMPENSATION OF SHERIFF – MINIMUM COMPENSATION (NONCHARTER COUNTIES) (Section 57.317) (Amend) – Except in a “noncharter county of the first classification with more than one hundred fifty thousand and less than two hundred thousand inhabitants” (Boone County), the county sheriff in any county of the first or second classification shall receive an annual salary equal to eighty percent of the compensation of an associate circuit judge of the county.  

ADDITION OF PUBLIC SAFETY PERSONNEL MEMBERS TO LAGERS – ALL POLITICAL SUBDIVISIONS (Section 70.631) (Amend) – Currently, the provisions of section 70.631 (county election to cover certain employees as public safety personnel members of the Local Government Employees’ Retirement System) only apply to third class counties and “any county of the first classification with more than seventy thousand but fewer than eighty-three thousand inhabitants and with a city of the fourth classification with more than thirteen thousand five hundred but fewer than sixteen thousand inhabitants as the county seat” (Cape Girardeau County).  This limitation is repealed, permitting a political subdivision (as defined in section 70.600) to elect to cover these employees as public safety personnel members.
 

CCS SS SCS HCS HB 2168 (Porter) – Relating to insurance, with penalty provisions and a delayed effective date for certain sections 
05/11/2022 – Truly Agreed To and Finally Passed 
05/18/2022 – Presented to Governor
06/30/2022 – Signed by Governor

DUTY TO MAINTAIN FINANCIAL RESPONSIBILITY, RESIDENTS AND NONRESIDENTS – INOPERABLE OR STORED VEHICLES, VOLUNTARY SUSPENSION OF REGISTRATION – MISDEMEANOR PENALTY FOR VIOLATIONS (Section 303.025) (Amend) – The Department of Revenue shall establish a process by rule for the voluntary suspension of motor vehicle registration for vehicles which are inoperable or being stored and not in operation.  The owner or nonresident shall not further operate the vehicle until the owner or nonresident notifies the department that the vehicle will be in use, and the department shall reinstate the registration upon receipt of proof of financial responsibility.  Owners or nonresidents who operate a motor vehicle during a period of inoperability or storage claimed under the subsection 1 of this section shall be guilty of a class B misdemeanor and may additionally be guilty of a violation of subsection 1 of this section. 

The Department of Revenue may verify motor vehicle financial responsibility law, but it shall not otherwise take legal or administrative to enforce the requirements of this section unless the director determines:

  • The motor vehicle has been operated in violation of this section;
  • A motor vehicle registration is applied for in violation of this section; or
  • The motor vehicle has its registration maintained in violation of this section on two separate occasions (thirty days apart).

Any person who violates this section is guilty of a misdemeanor.  Except as otherwise provided in this section, a first violation shall be punishable as a class D misdemeanor.  A second or subsequent violation may be punished by imprisonment in the county jail for a term not to exceed fifteen days and shall be punished by a fine not less than $200 but not to exceed $500. 

Any fines owed to the state pursuant to this section may be eligible for payment in installments.  The director shall promulgate rules for the application of payment plans, which shall take into account individual's ability to pay. 

EFFECTIVE DATE FOR SECTIONS 303.025 AND 303.041 (Section 303.039) – The repeal and reenactment of sections 303.025 and 303.041 shall take effect on January 1, 2024.

FAILURE TO MAINTAIN FINANCIAL RESPONSIBILITY – NOTICE, PROCEDURE, CONTENTS – SUSPENSION OF LICENSE AND REGISTRATION – REQUEST FOR HEARING, RIGHT, EFFECT – SUBSEQUENT ACQUISITION OF FINANCIAL RESPONSIBILITY, EFFECT – DURATION OF SUSPENSION, FEE (Section 303.041) (Amend) – The prerequisite that the director determines failure to maintain financial responsibility as a result of a verification sample or accident report or an order of supervision is repealed.  Except as otherwise provided by law, neither the fact that subsequent to the date of verification or conviction, the owner acquired the required liability insurance policy nor the fact that the owner terminated ownership of the motor vehicle shall have any bearing upon the director’s decision to suspend.