Criminal Law

SCS HB 41 — Law Enforcement. Changes the laws regarding law enforcement. In its main provisions, the bill:

(1) Repeals an obsolete provision which allows the police department of the City of St. Louis to hire certain retired police officers as special advisors;

(2) Includes provisions relating to grant money and appropriations for multijurisdictional enforcement;

(3) Specifies that the arrest powers of a peace officer authorized as a member of a multijurisdictional Internet cyber crime law enforcement task force can only be used when the officer is an active member of the task force and acting within the scope of the investigation. The officer will have the power of arrest anywhere in the state and must provide prior notification to the local police chief or sheriff of an arrest in his or her jurisdiction. However, if critical circumstances exist, an arrest may be made and the notification must be made to the police chief or sheriff as soon as possible. The police chief or sheriff may elect to work with task forces within his or her jurisdiction;

(4) Allows the St. Louis Board of Police Commissioners to delegate some of its jurisdiction to hearing officers. At the board’s discretion, a hearing officer may preside over disciplinary matters, prepare reports to the board, and make recommendations on the disciplinary matter and the appropriateness of the recommended discipline. The process for selecting hearing officers is specified. After a hearing officer presides over a matter, he or she will become ineligible to hear a case until all hearing officers have been utilized, at which time the rotation will begin again. The board will retain authority to render a final decision after a review of the evidence and the report of the hearing officer;

(5) Authorizes the patrol superintendent to enter into an agreement with the Missouri Gaming Commission to enforce any law or regulation, conduct background investigations related to the laws of this state, and enforce the regulation of licensed gaming activities;

(6) Increases the amount an entity requesting criminal history record information not based on a fingerprint search must pay from up to $5 per request to up to $9. After January 1, 2010, the patrol superintendent may increase this fee up to $1 per year, up to a maximum of $15. Any entity requesting criminal history record information based on a fingerprint search will be required to pay up to $20 per request. If the request is for a concealed carry endorsement or foster parent license, the fee will be $14;

(7) Allows any state agency or board to require the fingerprinting of applicants or employees in specified occupations for the purpose of positive identification and for receiving criminal history record information when determining the applicant’s or employee’s ability or fitness for a position; and

(8) Authorizes the patrol, at the direction of the Governor, to conduct a name or fingerprint background investigation of gubernatorial appointees and other investigations to determine if an applicant or appointee has paid his or her required taxes to establish the person’s suitability for a position of public trust.

The bill contains an emergency clause regarding provisions relating to multijurisdictional enforcement groups. (Signed 5/31/07)

HCS HB 555 — Complaints by Inmates Against Professional Counselors and Licensed Clinical Social Workers. (See Licensing Law)

CCS HB 574 — Missouri Uniform Law Enforcement System Records. (See Local Government Law)

SS SCS HCS HB 583 — Crime Victims. Changes the laws regarding the rights of victims of domestic violence and sexual assault.

Medical Examinations. The Department of Health and Senior Services will make payments to medical providers for forensic examinations of certain victims of sexual offenses.

Probation and Parole. The Board of Probation and Parole within the Department of Corrections must grant parole to any inmate who was convicted of spousal homicide and has served 15 years of his or her sentence if the board determines the inmate will not violate the law in the future. In order to be eligible, the inmate must have pled guilty or begun his or her trial prior to December 31, 1990. The inmate must have had no prior violent felony convictions, no longer have a cognizable legal claim, and have a history of being a victim of continual and substantial physical or sexual domestic violence that was not presented as an affirmative defense at trial or sentencing and is corroborated with evidence of facts or circumstances which existed at the time of the alleged violence. A person will be guilty of perjury, a class C felony, for knowingly making false witness statements to the board. In cases where witness statements are conflicting as to whether the domestic violence occurred or was substantial and continual in nature, the history must be established by other corroborative evidence in addition to witness statements. A contradictory statement of the victim must not be deemed to be a conflicting statement.

Minor’s Ability to Contract. Individuals 16 to 17 years of age who are homeless, self-supporting, and whose parents have given implied or express consent can enter into a contract to receive services as a victim of domestic and sexual violence.

Rape Crisis Centers. Rape and abuse crisis centers must maintain the confidentiality of individuals whom they serve in order to receive state funds, and employees or volunteers of a rape crisis center are required to maintain confidentiality of information that would identify individuals served by the center and any information directly related to their services. Prior to providing advocacy services, the center must inform individuals of the nature and scope of the confidentiality requirements. An employee or volunteer of a rape crisis center cannot be required to testify concerning any confidential information unless waived by the individual served.

Orders of Protection. Requires the circuit clerk to notify by phone an individual who is petitioning for an ex parte order of protection when the order has been served or if no more attempts to serve are planned if the petitioner has opted to register a phone number with the victim notification system established in Section 650.310, RSMo. All attempts to serve orders of protection must be tracked by the agency responsible for serving the order.

Victims of Child Pornography. A child that was a victim of sexual exploitation and child pornography and who suffered physical or mental injury or illness as a result of the crime is entitled to civil litigation to recover actual and civil costs. All litigation must be filed by the time the child reaches 31 years of age or within three years of the date the victim discovers his or her mental or physical injury, whichever occurs later.

Domestic Assault. A person who commits domestic assault in the first degree will be guilty of a class A felony if he or she has previously pled guilty to or has been found guilty of committing the crime. Currently, this crime is a class B felony unless the person inflicts serious physical injury on the victim, in which case it is a class A felony.

Sexual Assault Victims. Victims of sexual assault will not be required to take polygraph tests or psychological stress evaluator exams. After August 28, 2007, information in court records that could be used to identify any victim of sexual assault will be closed. Identifying information includes the name, address, telephone number, Social Security number, physical characteristics, or any other information that the court believes could be used to locate a victim.

Address Confidentiality Program. The Address Confidentiality Program is established, administered by the Office of the Secretary of State, to protect victims of domestic violence by establishing a designated address for victims and their minor children. Upon receiving a properly completed application, the Secretary of State can certify the applicant as a program participant for four years and forward his or her first-class mail, legal documents, and certified mail. Notification of lapsing certification and a reapplication form must be sent to the program participant at least four weeks prior to expiration. Knowingly submitting a misrepresented application will be a class D felony. The Secretary of State can cancel, with limited exceptions, the certification of a program participant if:

(1) The participant obtains a name change;

(2) There is a change in the mailing address from the person listed on the application and another address is not provided; or

(3) The applicant or participant provides false information or makes false claims in the application or assists another person in doing so.

State and local agencies and the courts must accept the designated address as a program participant’s address when creating new public records unless statute requires otherwise. The Secretary of State can make a program participant’s address or mailing address available if requested by law enforcement or the director of a state agency if he or she shows a statutory or administrative requirement for the use of the address. The Secretary of State must make a program participant’s addresses available:

(1) To a person identified in a court order when the order specifically requires the disclosure of a participant’s address and the reasons for the disclosure; or

(2) If the certification has been cancelled because the applicant or participant used false information in an application or made a false claim.

A program participant’s application and supporting materials are not a public record and must be kept confidential.

Victim Rights at Public Hearings. A victim can offer a statement by counsel or a representative designated by the victim in lieu of a personal appearance at a hearing before the juvenile authorities, the board of probation and parole, or a mental health facility. The victim also has the right to have a partition set up in the probation and parole hearing room in order to shield the victim from the offender.

An employer cannot discharge or discipline an employee for attending a criminal proceeding or require any witness, victim, or member of the victim’s family to use vacation time, personal time, or sick leave for honoring a subpoena to testify at, attend, or participate in a criminal proceeding.

Crime Victims’ Compensation. A party aggrieved by a decision of the Department of Public Safety on a claim under the Crime Victims’ Compensation Fund is allowed to file a petition with the Division of Workers’ Compensation within the Department of Labor and Industrial Relations to have the decision heard by an administrative law judge. The petition must be filed within 30 days of notification of the decision. A decision of the administrative law judge is appealable to the Labor and Industrial Relations Commission with the decision appealable to a court of appeals.

In order to properly file a criminal report with the authorities, the report of the forensic exam may be filed with the prosecuting attorney. “Out-of-pocket loss” is defined as unreimbursed or unreimbursable expenses incurred as a result of personal property being seized in a criminal investigation by a law enforcement agency. Under certain circumstance, a victim could receive payment for out-of-pocket losses from the Crime Victims’ Compensation Fund for the value of the loss sustained but cannot exceed $250.

The provisions regarding the Address Confidentiality Program will expire six years from the effective date. (Signed 7/12/07)

SS HCS HB 820 — Death Penalty Execution Team. Requires the Director of the Department of Corrections to select an execution team consisting of medical support personnel and individuals who administer lethal gas or chemicals. Team member identities must be kept confidential, and the departmental record of team members is privileged and not subject to discovery, subpoena, or other means of legal compulsion.

Any current or former member of an execution team whose identity is disclosed without the director’s direct consent will have a civil cause of action to seek actual or punitive damages.

Any licensing board or department is prohibited from sanctioning a professional license belonging to an execution team member due to his or her lawful participation in an execution. All members of the execution team are entitled to coverage under the State Legal Defense Fund for performing their official duties. (Signed 6/30/07)

CCS HCS#2 SS SCS SB 3 — Vulnerable Person Abuse. Changes the laws regarding vulnerable person abuse. In its main provisions, the bill:

(1) Specifies that a person who commits the crime of vulnerable person abuse in the first degree will be guilty of a class A felony; in the second degree, a class B felony; and in the third degree, a class A misdemeanor;

(2) Requires the Department of Mental Health to investigate incidents and reports of vulnerable person abuse and promptly report the incident to the appropriate law enforcement agency and prosecutor;

(3) Requires anyone who has reason to suspect vulnerable person abuse or neglect to report it to the department;

(4) Specifies that any person who knowingly fails to make a report or files a false report will be guilty of a class A misdemeanor for the first offense and a class D felony for a second or subsequent offense;

(5) Specifies that any person, official, or institution that makes a report or cooperates with the department is immune from civil or criminal liability unless the individual or institution acted negligently, recklessly, in bad faith, or with malicious purpose;

(6) Requires the department to establish rules to notify the parent or guardian of a patient, resident, or client or the consumer who is his or her own guardian of the possibility of being placed in the facility with a registered sexual offender or an individual who has been found incompetent to stand trial for offenses that would have required the person to register as a sexual offender;

(7) Specifies the information that should be included in a report of vulnerable person abuse or neglect;

(8) Specifies that substantiated reports are open records and will be made available for release, with the identifying information remaining confidential;

(9) Requires the Department of Mental Health to notify the Department of Health and Senior Services within 10 days of revoking a medical facility’s license due to the failure to comply with rules and standards. The Department of Health and Senior Services must then initiate an investigation of the facility to determine if licensure revocation is appropriate; and

(10) Requires the Department of Mental Health to establish a mental health fatality review board to examine all deaths of adults in the care and custody of the department and to establish rules for physicians and hospitals to identify the suspicious death of a patient in the care and custody of the department. (Signed 7/13/07)

HCS SCS SB 54 — Renewable Energy and Environmental Regulations. (See Environmental/Energy Law)

CCS HCS SCS SB 62 & 41 — Defensive Use of Force and Firearms. Changes the laws regarding the defensive use of force, concealable firearms and firearms training, unlawful use of a weapon, and background checks for firearm sales.

Defensive Use of Force. Allows the justifiable use of deadly force in several new circumstances against persons who pose what a reasonable person would believe to be the imminent threat of harm. The duty to retreat is abolished for those persons using deadly force to prevent someone from unlawfully entering or remaining in a residence, a dwelling designed for lodging persons, or a vehicle. Anyone who takes actions that create a reasonable fear of the imminent use of unlawful force to another person and who unlawfully enters or remains in vehicles, residences, or buildings used for lodging may be subject to the legitimate use of deadly force.

The use of deadly force will be allowed by persons, in any location, in order to protect themselves against what a reasonable person would believe to be the imminent threat of any type of forcible felony. Currently, the use of deadly force is allowed in circumstances where a reasonable person believes it is necessary to prevent death, serious bodily injury, and other specified felonies.

Anyone who uses force in a lawful manner will be immune from both civil and criminal penalties. If anyone sues a person who is ultimately found to have acted lawfully in using defensive force, the plaintiff and his or her attorney must pay court costs and any expenses incurred by the defendant as a result of the lawsuit.

Concealable Firearms and Firearms Training. The bill:

(1) Makes state restrictions on the transfer of concealable firearms identical to the federal restrictions;

(2) Repeals the permit requirement for the purchase of a concealable firearm;

(3) Allows police or sheriffs’ departments to sell or trade certain confiscated firearms to licensed firearms dealers;

(4) Exempts federal flight deck officers from the crime of unlawful use of weapons under certain circumstances; and

(5) Changes the laws regarding the firearms safety training requirement for obtaining a permit to carry a concealed weapon. The requirement that an applicant must demonstrate knowledge of firearms safety will be fully satisfied if the applicant submits proof that he or she:

(a) Holds any type of valid peace officer license issued under the requirements of Chapter 590, RSMo;

(b) Is allowed to carry firearms in accordance with the certification requirements of Section 217.710 for probation and parole officers or members of the Board of Probation and Parole; or

(c) Is certified as any class of corrections officer by the Department of Corrections and has passed a department-approved, eight-hour firearms training course.

Unlawful Use of a Weapon. All qualified retired peace officers are exempt from the crime of unlawful use of weapons. For purposes of the bill, a qualified retired peace officer is any individual who retired in good standing from service with a public agency as a peace officer. Before retirement, the individual must have been regularly employed for 15 years; been authorized by law to engage in or supervise the prevention, detection, investigation, prosecution of, or the incarceration of any person for any violation of law; and had statutory powers of arrest. The bill requires the retired peace officer to have met, within the last year, the standards for training and qualification for active peace officers to carry firearms. Photographic identification, issued by the agency from which the peace officer retired, must be carried by the individual to qualify for the exemption.

Background Checks for Firearm Sales. Any record or file maintained by the court for any Chapter 632 psychiatric services proceeding must be made available to the State Highway Patrol for reporting to the National Instant Criminal Background Check System to be used for background checks on any firearm sale. (Signed 7/3/07)

HCS SCS SB 198 — Use of Lands. (See Property Law)