Read 1st time March 16, 2000, and 1000 copies ordered printed. ANNE C. WALKER, Chief Clerk
AN ACT
To repeal section 455.080, RSMo 1994, relating to domestic violence, and to enact in lieu thereof three new sections relating to the same subject, with penalty provisions.
Section A. Section 455.080, RSMo 1994, is repealed and three new sections enacted in lieu thereof, to be known as sections 455.080, 455.300 and 455.305, to read as follows:
455.080. 1. Law enforcement agencies may establish procedures to ensure that dispatchers and officers at the scene of an alleged incident of abuse or violation of an order of protection can be informed of any recorded prior incident of abuse involving the abused party and can verify the effective dates and terms of any recorded order of protection.
2. The law enforcement agency shall apply the same standard for response to an alleged incident of abuse or a violation of any order of protection as applied to any like offense involving strangers, except as otherwise provided by law. Law enforcement agencies shall not assign lower priority to calls involving alleged incidents of abuse or violation of protection orders than is assigned in responding to offenses involving strangers. Existence of any of the following factors shall be interpreted as indicating a need for immediate response:
(1) The caller indicates that violence is imminent or in progress; or
(2) A protection order is in effect; or
(3) The caller indicates that incidents of domestic violence have occurred previously between the parties.
3. Law enforcement agencies may establish domestic crisis teams or, if the agency has fewer than five officers whose responsibility it is to respond to calls of this nature, individual officers trained in methods of dealing with family and household quarrels. Such teams or individuals may be supplemented by social workers, ministers or other persons trained in counseling or crisis intervention. When an alleged incident of family or household abuse is reported, the agency may dispatch a crisis team or specially trained officer, if available, to the scene of the incident. Additional training regarding violence intervention and prevention shall be made available to domestic crisis teams or individual officers who deal with domestic violence issues on a regular basis.
4. The officer at the scene of an alleged incident of abuse shall inform the abused party of available judicial remedies for relief from adult abuse and of available shelters for victims of domestic violence.
5. Law enforcement officials at the scene shall provide or arrange transportation for the abused party to a medical facility for treatment of injuries or to a place of shelter or safety.
455.300. 1. There is hereby established the "Missouri Domestic Violence Commission" within the department of public safety to study solutions for domestic violence in Missouri. The commission shall be composed of the following members:
(1) One judge of a juvenile court, who shall be appointed by the chief justice of the supreme court;
(2) One judge of a family court, who shall be appointed by the chief justice of the supreme court;
(3) Nine members of the general public, one from each congressional district and no more than five affiliated with the same political party;
(4) Two members, one from each political party, of the house of representatives, who shall be appointed by the speaker of the house of representatives; and
(5) Two members, one from each political party, of the senate, who shall be appointed by the president pro tempore of the senate.
All members shall serve for as long as they hold the position which made them eligible for appointment to the Missouri domestic violence commission pursuant to this subsection. All members shall serve without compensation but may be reimbursed for all actual and necessary expenses incurred in the performance of their official duties for the commission.
2. All meetings of the Missouri domestic violence commission shall be open to the public and shall, for all purposes, be deemed open public meetings pursuant to the provisions of sections 610.010 to 610.030, RSMo. The Missouri domestic violence commission shall meet no less than once every two months and shall hold its first meeting no later than sixty days after September 28, 2000. Notice of all meetings of the commission shall be given to the general assembly in the same manner required for notifying the general public of meetings of the general assembly.
3. The Missouri domestic violence commission may make all rules it deems necessary to enable it to conduct its meetings, elect its officers, and set the terms and duties of its officers.
4. The commission shall elect from amongst its members a chairman, vice chairman, a secretary-reporter and any other officers as it deems necessary.
5. The services of the personnel of any agency from which the director or deputy director is a member of the commission shall be made available to the commission at the discretion of such director or deputy director. All meetings of the commission shall be held in the state of Missouri.
6. The commission, by majority vote, may invite individuals representing local and federal agencies or private organizations and the general public to serve as ex officio members of the commission. Such individuals shall not have a vote in commission business and shall serve without compensation but may be reimbursed for all actual and necessary expenses incurred in the performance of their official duties for the commission.
455.305. 1. Beginning in 2001, the department of public safety and the Missouri domestic violence commission established pursuant to this chapter, shall establish and administer up to twenty domestic violence prevention/intervention/rehabilitation pilot projects for the following purposes:
(1) To implement, expand and establish cooperative efforts between law enforcement officers, prosecutors, victim advocacy groups and other related parties to investigate and prosecute incidents of domestic violence;
(2) To prevent domestic violence and provide immediate shelter for victims of domestic violence;
(3) To provide treatment and counseling to victims of domestic violence; and
(4) To work in cooperation with the community to develop education and prevention strategies regarding domestic violence.
2. The pilot projects shall be selected by the department and the commission on a regional basis and representing each geographical area of the state. Subject to appropriation, no individual project shall receive more than twenty-five thousand dollars and no more than sixty percent of the total funds appropriated for the pilot projects shall be awarded to projects serving urban areas of the state.
3. The department and the commission shall promulgate rules and regulations to implement, administer and monitor the pilot projects. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to chapter 536, RSMo.
4. Beginning in 2001, the department and the commission shall submit an annual report of its activities to the
speaker of the house of representatives, the president pro tem of the senate, and the governor before December
thirty-first of each year.
Missouri House of Representatives