SB429 - Modifies various provisions relating to crime victims
SB 429 Modifies various provisions relating to crime victims
Sponsor: Gibbons
LR Number: 0635L.09C Fiscal Note: 0635-09
Committee: Judiciary and Civil & Criminal Jurisprudence
Last Action: 5/18/2007 - In Conference Journal Page:
Title: HCS SS SCS SB 429 Calendar Position:
Effective Date: August 28, 2007
House Handler: Stream

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Current Bill Summary

HCS/SS/SCS/SB 429 - This act modifies various provisions relating to crime.

Section 43.030

Under this act, the Superintendent shall no longer be required to reside in Jefferson City. The Superintendent shall be appointed from the uniformed membership of the Patrol.

Section 43.050

The Superintendent may enter into an agreement with the Missouri Gaming Commission to enforce any law, rule, or regulation, conduct background investigations under the laws of this state, and enforce the regulations of licensed gaming activities. Members of the patrol hired in conjunction with such an agreement are not subject to the personnel cap. If such an agreement is terminated, the members shall not be subject to the personnel cap for five years, rather than three years. Currently, all members of the patrol hired in conjunction with the community-oriented policing services federal grant are not subject to the personnel cap. Under this act, only those member positions originally acquired in conjunction with the grant shall be exempt.

Section 43.115

Subject to appropriation, any retired highway patrol employee required to be a witness in a court proceeding no less than 30 miles from his or her residence shall receive a per diem of up to $100, mileage reimbursement, and travel expense reimbursement.

Section 43.160

This act removes reference to the Missouri State Highways and Transportation Commission's power over the Patrol from statute.

Section 43.210

This act allows a person arrested by a member of the Highway Patrol to be taken before the designee of an associate circuit judge.

Section 43.220

This act removes reference to the Missouri State Highways and Transportation Commission's power over the Patrol from statute.

Section 43.530

Currently, an entity making a request, as required by law, for criminal history record information that is not based on a fingerprint search must pay a fee of not more than $5 per request. Entities making requests not required by law cannot be charged more than $10. Under this act, an entity cannot be made to pay more than $9 dollars for such a request regardless of whether required by law. However, after January 1, 2010, the Superintendent of the Highway Patrol may increase the fee by not more than $1 per year. Under no circumstances shall the fee exceed $15 dollars per request.

Currently, an entity making a request for criminal history record information that is based on a fingerprint search must pay a fee of not more than $14 per request when such request is required by law. When not required by law, the entity may be charge not more than $20 for such request. Under this act, an entity cannot be charged a fee of more than $20 dollars for criminal history record information based on a fingerprint search, unless the request is required by the concealed carry endorsement statute or the foster home, residential care facility, or child placing agency licensing statutes, in which case, the fee shall be $14.

Section 43.546

This act allows any state agency, board, or commission to require an applicant to provide fingerprints in specified occupations or appointments for the purposes of positive identification and receiving criminal history record information when determining the applicant's ability to serve in such an occupation or appointment.

In order to do so, the applicant or employee must submit a set of fingerprints. These fingerprints and the accompanying fees are forwarded to the Highway Patrol to search the state criminal history repository and the FBI for a national criminal background check. All records related to any criminal history information discovered shall be accessible to the state agency making the request.

Section 43.547

This act requires the Highway Patrol, at the direction of the Governor, to conduct name or fingerprint background investigations of gubernatorial appointees. The Governor's directive shall state whether such background investigation shall be a name or fingerprint background investigation. If a fingerprint background investigation is ordered, the appointee must submit a set of fingerprints. These fingerprints and the accompanying fees are forwarded to the Highway Patrol to search the state criminal history repository and the FBI for a national criminal background check.

In addition to the name and fingerprint background investigations, the Highway Patrol may, at the Governor's direction, conduct other investigations to determine if an applicant or appointee has paid his or her required taxes and establish the person's suitability for positions of public trust.

The background investigations may include criminal history record information and other source information obtained by the Highway Patrol.

Section 50.565

This act provides that current or former county elected officials and current or former employees of the county commission shall not be appointed to the board of trustees that supervises the county law enforcement restitution fund. Currently, any current or former employees of the sheriff, prosecuting attorney, and treasurer are excluded.

It also states that money from such fund may be used only for county law enforcement-related expenses, rather than law enforcement-related expenses in general.

Under this act, a person may be ordered by the court to pay into the county law enforcement restitution fund for a moving violation.

Section 84.160

Currently, St. Louis police officers of the rank of sergeant or above cannot receive additional compensation or comp time for overtime, court time, or standby court time. This act prohibits such compensation for officers of the rank of lieutenant or above, but sergeants are allowed to receive additional compensation for overtime if the accumulated time is over 40 hours.

This act allows the St. Louis Board of Police Commissioners to pay additional compensation for all hours of service rendered by sergeants in excess of the established regular working hours.

Sections 174.700, 174.703, 174.706 & 544.157

This act authorizes college and university police officers to enforce traffic regulations on college or university property. The officers will be required to be certified under the Peace Officer Standards and Training (POST) Program and will have authority under the fresh pursuit doctrine provisions in Section 544.157.

Sections 174.709 & 174.712

The board of regents or governors of any state college or university may establish regulations to control vehicular traffic on any thoroughfare owned or maintained by the college or university and located within any of its campuses. Violations of the regulations shall have the same effect as a violation of municipal ordinances.

Section 191.225

Under this section, the Department of Health and Senior Services shall make payments to medical providers to cover the charges of forensic examinations for victims of sexual offenses under certain circumstances. Current law requires the department to pay hospitals and physicians for the costs of medical exams that are not covered by insurance, Medicare, or Medicaid for certain victims of sexual offenses. The appropriate medical provider shall file the report of the exam with the prosecuting attorney within three business days of its completion.

The attorney general shall develop the forms and procedures for gathering evidence during forensic exams. Rather than the attorney general furnishing hospitals with copies of such forms, the department of Health and Senior Services shall develop a checklist for medical providers to refer to while providing treatment to victims.

The Highway Patrol, or its designees, is required to develop evidentiary collection kits and, subject to appropriation, make them available to medical providers. The medical providers shall use the kits to perform a forensic exam following the department's checklist. No medical provider shall charge such a victim for the forensic exam; however, if a victim is eligible for relief from the crime victims' compensation fund, the provider may seek compensation from the fund money.

This section is similar to provisions of HB 1317 (2006).

Section 192.925

This act expands the protection of the elderly against financial exploitation.

Sections 195.010, 195.017, 195.378, 195.381, 195.384, 195.387, 195.390, 195.393, 195.396, 195.399, 195.417, 195.550, & 195.552

This act creates the crime of possessing or having control of a restricted natural substance, a class A misdemeanor for the first offense and a class D felony for each subsequent offense. No person shall be guilty of the crime if the person owns, possesses, manages, or otherwise controls land on which a restricted natural substance naturally grows unless the person knowingly plants or cultivates the restricted natural substance, harvests the substance for any person to drink, inhale, or otherwise ingest or allows or authorizes another person to drink, inhale, or ingest the substance.

This act also specifies that it will be unlawful for any person to distribute, deliver, manufacture, produce, or cultivate a restricted natural substance or to attempt to or possess with intent to distribute, deliver, manufacture, produce, or cultivate a restricted natural substance. A person who commits any of these crimes shall be guilty of a felony with a minimum of four years of imprisonment for the first offense and a minimum of 10 years for each subsequent offense.

This act adds Zopiclone, its salts, isomers, and salts of isomers to the list of Schedule IV controlled substances and Pregabalin to the list of Schedule V controlled substances.

This act requires the Department of Health and Senior Services to develop a program, subject to appropriation, to monitor the prescribing and dispensing of all Schedule II through Schedule V controlled substances by all licensed professionals who prescribe or dispense these substances in Missouri. The dispenser is required to electronically submit to the department information for each prescription and specifies the frequency of the submissions. The department is allowed to issue a waiver to a dispenser who is unable to submit the required information electronically. If a waiver is obtained, a dispenser can submit the required information in paper format or by other approved means. All submitted prescription information is to be confidential. Exceptions to this requirement include violations of the law or breaches of professional standards which result in an investigation and the submission or the release of prescription information to authorized persons. The release of non-personal, general information is authorized for statistical, educational, and research purposes.

The department may contract with other state agencies or private vendors to implement the provisions of this act. The act contains penalty provisions for dispensers and authorized persons who violate provisions of the act. The department is required to implement certain education courses regarding the prescription monitoring program. The department shall, when appropriate, work with associations for impaired professionals to ensure ongoing monitoring and treatment and encourage individual patients who are addicted to substances monitored by the program to receive addiction treatment.

Nothing in the drug monitoring program shall be construed to require a dispenser or prescriber to access or check information from the program prior to dispensing, prescribing or administering medications. Dispensers and prescribers are immune from liability based on any claim of damages as a result of accessing or failing to access the information in the drug monitoring program.

These provisions of this act sunset in six years.

This act modifies and adds to the current names of scheduled controlled substances. This act adds depressants to the list of Schedule V controlled substances and allows the sale of packages of less than 60 milligrams of pseudoephedrine without limitations. The bill prohibits the selling, dispensing, purchasing, or receiving of ephedrine, phenylpropanolamine, or pseudoephedrine by mail order or from a mobile retail vendor in any amount greater than 7.5 grams within any 30-day period or 3.6 grams within a 24-hour period.

Section 210.1012

This act specifies that the "Amber Alert System" aids in the identification and location of abducted children, rather than adults.

Section 217.439

Upon the victim's request, a photograph shall be taken of an incarcerated individual prior to release and it shall be provided to the victim.

Section 217.670

This act allows offenders to appear before the Board of Probation and Parole by means of a video conference, rather than personal appearance, at the discretion of the board.

Section 221.040

This act provides that sheriffs and jailers are not required to take custody of a prisoner from an arresting officer until that prisoner has been examined by a physician or medical personnel if he or she appears to be unconscious, suffering from a serious illness or injury, or is seriously impaired by drugs or alcohol. The prisoner will be responsible for the cost of the examination.

Section 287.067

This act allows paid police officers of a paid police department to be eligible for workers' compensation benefits for an injury due to psychological stress.

Section 302.060

This act prohibits a person convicted of two intoxication-related traffic offenses during the past five years from being issued a driver's license and requires his or her current license to be suspended.

Sections 302.311, 302.750 & 577.041

The Director of the Department of Revenue shall appear in court for the appeal of the denial or repeal of a driver's license or at a hearing regarding the disqualification of a person from operating a vehicle because of his or her refusal to submit to a chemical test, rather than the county prosecutor.

Section 304.022

This act adds vehicles operated by a conservation agent to the definition of "emergency vehicle" in the statute requiring drivers to yield when emergency vehicles in certain situations.

Section 304.070

This act increases the length of a driver's license suspension for failing to stop for a school bus from 90 to 120 days for the first offense and from 120 to 180 days for a second or subsequent offense.

Section 304.230

Currently, the Superintendent of the Highway Patrol may assign people who are not highway patrol officers to supervise weigh stations. Under this act, these people shall have limited police powers to issue traffic tickers for violations of the Division of Motor Carrier Services housed of the Highways and Transportation Commission, rather than the Department of Economic Development.

SECTION 306.111

Under this act, it is possible for a person to commit the crimes of negligent operation of a vessel, operating a vessel while intoxicated, involuntary manslaughter with a vessel, and assault with a vessel in the second degree on any water of the state, rather than only the Mississippi River, Missouri River, or the lakes of this state.

SECTIONS 306.112, 306.114, 306.116, & 306.117

Under these sections, a person commits the crime of operating a vessel with excessive blood alcohol content (BAC) if such person operates a vessel with a BAC of .08 rather than .10.

A person found guilty of or pleading guilty to operating a vessel with excessive BAC for a second time within ten years of a first offense shall be guilty of a Class A misdemeanor and shall be given a minimum probation period of two years.

A person found guilty of or pleading guilty to operating a vessel with excessive BAC for a third time within twenty years of a first offense shall be guilty of a Class D felony and shall be given a minimum probation period of three years with a loss of boat operating privilege for five years from the date of judgement.

Any person operating a vessel on the waters of this state, rather than only the Mississippi River, Missouri River, or the lakes of the state, shall be deemed to have given consent to BAC testing if arrested for boating while intoxicated or boating with an excessive BAC.

Chemical testing shall be conducted by the Highways and Transportation Commission rather than the Department of Health and Senior Services.

Sections 311.310 & 311.325

A person can be convicted of providing intoxicating liquor to a minor for selling, vending, giving away, or otherwise providing nonintoxicating beer to a person under the age of 21. A minor can be convicted of a "minor in possession" (MIP) for possessing nonintoxicating beer.

Section 311.326

Currently, a person convicted of his or her first MIP may apply to have his or her record expunged after at least one year or upon reaching the age of 21, whichever occurs first. Under this act, a person would be able to apply for such expungement only after waiting one year after reaching the age of 21.

Sections 409.5-508 & 409.6-604

This act specifies that any person convicted of criminal securities fraud will be fined an amount not to exceed $1 million, be sentenced to a term of imprisonment not to exceed 10 years, or both. If the violation was committed against a disabled or elderly person, the offender will be fined an amount not to exceed $50,000, be sentenced to a term of imprisonment not to exceed five years, or both. The commissioner may require a person subject to an order to pay restitution for any loss, including actual damages and interest at a rate of 8%. In addition to other civil penalties, the commissioner may impose an additional penalty not to exceed $5,000 for each violation if the violation was committed against an elderly or disabled person.

Section 431.056

This act provides that persons age 16 or 17 who are homeless, self-supporting, and whose parents have given implied or express consent, may enter into a contract to receive services as a victim of domestic and sexual violence, in addition to being able to enter other contracts for admission to a shelter, housing, employment, purchase of a vehicle, receipt of student loans, admission to school, obtaining medical care, and establishing a bank account.

Section 455.003

This act requires employees or volunteers of a rape crisis center to maintain confidentiality of information that would identify individuals served by the center and any information directly related to the advocacy services. Also, prior to providing advocacy services, the center shall inform individuals of the nature and scope of the confidentiality requirements.

An employee or volunteer of a rape crisis center shall be incompetent to testify concerning any confidential information unless the confidentiality requirements are waived by the individual served.

Section 488.5025

Currently, $10 of a $25 fee for payment of judgements, penalties, fines, sanctions, or court costs on a time-payment basis is paid to the clerk of the court of the county from which the fee is collected when such fee is ordered by the court. This act allows the clerk of the court of the municipality where the fee was collected to retain the money as well.

Section 545.050

This act removes the provision of law which allows a judgment to be entered against the prosecutor for the trial costs if the defendant is acquitted of the prosecution of the case is dismissed.

Section 556.036

This act creates a five-year statute of limitations for the crimes of arson and knowingly exploding and burning.

Section 559.021

This act allows a judge to order a probationer, as a condition of probation, to be vaccinated for Hepatitis A and B at his or her local health department with the costs to be paid by the probationer.

Section 559.106

Currently, persons convicted of forcible rape or sodomy are ordered by the court to be supervised by the board of probation and parole for his or her natural life. This provision is repealed. These offenders can currently be sentenced to imprisonment for their natural lives.

Section 561.031

This act changes the way two-way audio-visual communications can be conducted in certain proceedings.

Section 565.024

A person commits the crime of involuntary manslaughter when he or she unlawfully distributes or delivers any controlled substance to any person and that person's injection, inhalation, or ingestion of the controlled substance causes his or her death.

Sections 565.063 & 577.023

This act expands the definitions of "domestic assault offense" and "intoxication-related offense" to include any offense committed in another state or any federal or military offense which, if committed in Missouri, would be considered a domestic assault offense or an intoxication-related offense.

Section 565.070 & 565.074

A person who pleads guilty to assault or domestic assault more than two times against a family or household member is guilty of a class D felony for the third or subsequent offense.

SECTION 565.072

Under this section, a person who commits domestic assault in the first degree shall be guilty of a Class A felony, rather than a class B felony, if he or she has previously pleaded guilty to or been found guilty of committing such crime. Currently, this crime is only a Class A felony if the person inflicts serious physical injury on the victim.

Sections 565.081, 565.082, & 565.083

The crimes of assault of a law enforcement officer, emergency personnel, or probation or parole officer in the first degree, second degree, and third degree respectively, are expanded to include corrections personnel. "Corrections personnel" is defined as any a jailer or corrections officer of the state or a political subdivision.

Section 565.145

This act establishes "Ashley's Law" which creates the crime of transporting a child without parental consent when a person transports a child younger than 17 years of age out of the state, without the written consent of the child's parent or legal guardian, for the purpose of committing a crime with the child as the victim or a participant of that crime. The crime is class C felony.

Section 565.182

This act only requires that a person recklessly cause serious physical injury to a person 60 years of age or older or an eligible adult to be guilty of elder abuse in the second degree, rather than recklessly and purposely causing such injury.

Section 565.148

This act prohibits certain sexual offenders from being physically present or loitering within 500 feet of or approaching, contacting, or communicating with any child younger than 18 years of age in any child care facility building or the real property comprising any child care facility when children younger than 18 years of age are present in the building unless the person is the parent, guardian, or custodian of a child in the building or on the grounds. Any person who violates the provisions of the substitute shall be guilty of a class A misdemeanor.

Section 566.224

No prosecuting attorney, peace officer, governmental official, or employee of a law enforcement agency shall request or require a victim of sexual assault or forcible rape to submit to a polygraph test or psychological stress evaluator exam as a condition upon proceeding with a criminal investigation of such crime.

Section 566.226

This section requires identifying information of sexual assault or forcible rape victims to be closed and redacted from any court record, whether written or published on the Internet, before being disclosed to the public. Identifying information shall include the name, home or temporary address, social security number, and physical characteristics of the victim. If the court determines that the person or entity requesting identifying information has a legitimate interest in obtaining such information, the court may allow access to such information, but only if it determines that disclosure would not compromise the welfare or safety of the victim.

Section 570.040

This act modifies the term "stealing-related offense" to include robbery and specifies that a person who has pled guilty to or been found guilty of two separate stealing offenses, which were committed on two separate occasions, shall be guilty of a class D felony.

Section 573.037

This act increases the penalty for possession of child pornography from a class D felony to a class C felony, unless the person has committed the crime before, in which case it is a class B felony, rather than a class C felony.

Section 575.075

This act creates the crime of false identification if a prisoner or offender knowingly and with the purpose to mislead gives a false name, date of birth, or Social Security number when identifying himself or herself to a person who is an employee of a jail or correctional center. False identification shall be a class C felony.

Section 575.080

This act increases the penalty for the crime of making a false report from a class B misdemeanor to a class A misdemeanor.

Section 575.100

This act expands the crime of tampering with physical evidence to include: 1) altering, destroying, suppressing, concealing records or documents with the purpose of impairing a potential investigation that could result in an official proceeding; or 2) making or presenting a record or document knowing it to be false with the purpose of misleading a public servant engaged in a potential investigation that could result in an official proceeding.

Section 575.153

This act creates the crime of disarming a peace or correctional officer if a person intentionally removes from or deprives the peace or correctional officer of the use of his or her firearm or other deadly weapon while the officer is acting within the scope of his or her official duties. The crime, a class C felony, does not include situations in which the person does not know or could not reasonably have known that the person was a peace or correctional officer or if the officer was engaged in felonious conduct at the time of the disarmament.

Section 575.260

This act expands the crime of tampering with a judicial proceeding to include a person whose purpose is to influence the official actions of a state prosecuting or circuit attorney.

Section 575.353

This act increases the penalty for the crime of assault on a police animal from a class C misdemeanor to a class A misdemeanor.

Section 577.016

This act allows a court to order a person's vehicle impounded for up to one year as part of a penalty for driving while intoxicated if the vehicle is not jointly owned or leased. The offender will be responsible for all costs associated with towing and storing the vehicle. Before ordering impoundment, the court must examine whether the impoundment would result in the loss of employment, an inability to attend school, or an inability to obtain medical care for the offender or a member of the offender's family. An owner who refuses to pay the impoundment fees or who fails to retrieve the vehicle within 30 days after the impoundment period will be considered to have abandoned the vehicle. When the vehicle is being leased and the lease expires in less than a year, the impoundment period terminates at the conclusion of the lease.

Section 577.020, 577.026, 577.037 & 577.208 (also see Sections 306.114 & 306.117)

This act transfers the authority to approve blood alcohol and other chemical testing methods and devices from the Department of Health and Senior Services to the Department of Transportation.

The act provides that all the powers, duties and functions relating to the approval and licensing of personnel, methods, techniques, and equipment for the testing of blood alcohol content is transferred from the Department of Health and Senior Services to the Department of Transportation by a Type I transfer. The act provides that all budget authority to fund such duties shall also be transferred to the Department of Transportation. All appropriations to fund these duties shall be paid from general revenue.

The Highways and Transportation Commission shall have the authority to suspend, cancel, or revoke credentials, permits and licenses related to the blood alcohol program. The act provides that all bonds, certificates of deposit, letters of credit, drafts, checks, and other financial instruments formerly payable to the Department of Health and Senior Services on behalf of the blood alcohol program shall be payable to the Highways and Transportation Commission to the credit of general revenue.

Section 577.029

The provision requiring a nonalcoholic antiseptic to be used for cleansing a person's skin prior to taking blood to determine his or her blood alcohol content is repealed.

Section 577.500 & 577.505

A court shall enter an order suspending a minors's driving privileges if he or she commits the crime of unlawful use or possession of drug paraphernalia.

A court is allowed to enter an order suspending or revoking the driving privileges of a minor convicted of a MIP or a county or municipal ordinance where the defendant was represented by or waived the right to an attorney, upon a finding of fact involving the possession or use of alcohol or a second time.

Section 578.250, 578.255, 578.260, & 578.265

This act prohibits a person from intentionally smelling or inhaling the fumes of or inducing or aiding another person to induce the symptoms of intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefaction, or dulling of the senses or nervous system, distortion of audio, visual, or mental processes by the use of amyl nitrite, butyl nitrite, cyclohexyl nitrite, ethyl nitrite, pentyl nitrite, propyl nitrite, and their iso-analogues. Violation of these offenses will be a class B misdemeanor for a person's first conviction and a class D felony for subsequent convictions.

The act specifies that no person who owns or operates any business which is a venue for live entertainment performance and receives over 50% of its gross annual income from the sale of recorded video entertainment, alcoholic beverages, or beer will sell or offer for sale toluol, amyl nitrite, butyl nitrite, cyclohexyl nitrite, ethyl nitrite, pentyl nitrite, propyl nitrite, or their iso-analogues.

This act prohibits any person from possessing or using an alcoholic beverage vaporizer. Such a vaporizer is defined as "any device which, by means of heat, a vibrating element, or any other method, is capable of producing a breathable mixture containing one or more alcoholic beverages to be dispensed for inhalation into the lungs via the nose or mouth or both." Also, no person shall intentionally induce or abuse solvents or ethyl alcohol. A violation of these provisions is a class B misdemeanor.

This act does not apply to substances that are FDA-approved or administered by a medical practitioner.

These provisions shall not be construed to prohibit the legal consumption of intoxicating liquor, including wine and beer, and nonintoxicating beer.

Section 589.395

This act prohibits an individual who is required to register on the sexual offender registry from owning or operating a sexual offender treatment facility for more than one person. Previously established facilities and those contracted through government bodies are exempt. A violation of this provision shall be a class A misdemeanor.

SECTIONS 589.600 to 589.683

These sections create in the Secretary of State's Office the "Address Confidentiality Program" for victims of domestic violence, rape, sexual assault, and stalking. The program authorizes the use of designated addresses for such victims and their minor children. The Secretary of State shall promulgate rules to implement and administer this program.

An adult, parent of a minor, or guardian of an incapacitated person may apply to the Secretary of State to have a designated address assigned. The Secretary may only approve applications filed properly with the office as established by rule. The application shall contain certain information, including the person's mailing address, the applicant's signature, and a designation of the Secretary as agent for the purpose of service of process and receipt of first-class mail, legal documents, and certified mail. The applicant must supply a sworn statement that he or she is a victim of violence and fears further violent acts from his or her assailant. The applicant must also supply addresses that he or she does not want disclosed because it will jeopardize the applicant's safety.

Upon receiving a properly completed application, the Secretary may 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 shall be sent to the program participant at least four weeks prior to expiration.

The Secretary of State may 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 shall accept the designated address as a program participant's address when creating new public records unless statute requires otherwise.

The Secretary may 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 such addresses. If deemed appropriate, the Secretary shall 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 shall be kept confidential.

These provisions contain a sunset clause.

Section 590.035

The POST Commission shall make training about investigating crimes involving the use of the Internet available to peace officers.

Section 590.050

Currently, peace officers are required to receive annual training concerning the prohibition against racial profiling as part of their continuing education. This act would require peace officers to receive three hours of such training within the law enforcement continuing education three-year reporting period. The director of the Department of Public Safety may waive continuing education requirements, including racial profiling prohibition training, for peace officers who have been activated for military duty.

Section 590.120

This act expands the number of members on the Peace Officers Standards and Training Commission from nine to eleven. Two of the members shall be peace officers at or below the rank of sergeant employed by a political subdivision. No more than two members of the commission can reside in the same congressional district or be employees of the same law enforcement agency.

Section 590.190

This act authorizes the Director of the POST Commission to promulgate rules and regulations.

Sections 595.030 & 595.031

In order to properly file a criminal report with the authorities, the report of the forensic exam must be filed with the prosecuting attorney.

This section also includes unreimbursed or unreimbursable expenses incurred as a result of personal property being seized in a criminal investigation by a law enforcement agency as "out-of-pocket loss". Under certain circumstance, a victim may receive payment for such "out-of-pocket losses" from the Crime Victims' Compensation Fund. Compensation shall be paid for replacement of clothing, bedding, or other personal items seized as evidence of the crime and shall be in an amount equal to the loss but not exceeding $250.

The "Shawn Hornbeck Educational Reimbursement Program" is created to ensure that a victim of kidnapping, who was confined for at least 180 days, shall be reimbursed for academic tutoring expenses necessary to replace primary or secondary school studies lost during the period of confinement. The program shall be administered by the Division of Workers' Compensation in conjunction with the Crime Victims' Compensation Fund.

Section 595.209

This act allows a crime victim to 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.

Under this act, an employer may not 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 have the right to receive upon request a photography of the defendant prior to release.

Section 650.010

This act creates an advisory system to aid in the identification and location of missing endangered persons.

Under this act, a "missing endangered person" is someone whose whereabouts are unknown and who is:

(1) Physically or mentally disabled to the degree that the person is dependent upon an agency or another individual;

(2) Missing under circumstances indicating that the missing person's safety may be in danger; or

(3) Missing under involuntary or unknown circumstances.

The Department of Public Safety has the authority to promulgate rules establishing recommended procedures for issuing missing endangered person advisories.

Section 650.055

This act removes the reasonable doubt standard from the determination of whether or not a person is a sexually violent predator in order to have a mandated DNA sample collected for profiling analysis.

Section 650.340

This act revises the continuing educational training requirements of 911 telecommunicators from 16 hours in a two-year period to 24 hours every three years. The reporting period shall run concurrent with the existing continuing education reporting periods for Missouri peace officers.

Section 650.457

This act specifies that the members of the Missouri Medal of Valor Board will be appointed by the Governor from a list submitted by the department director.

Section 650.470

This act creates the Reverend Nathaniel Cole Memorial Pursuit Reduction Grant in the state treasury to be administered by the department director. Any money appropriated or donated to the fund will be used to provide grants, in the amount of a 50% match, to urban police departments who purchase real-time tagging and tracking pursuit management systems.

Only urban police departments that have a pursuit policy consistent with state law shall be eligible for a grant. The Director of the Department of Public Safety shall determine an applicant's eligibility and administer the grant program. Applications must include the number of pursuits engaged in by the applicant department per year for the five preceding years. The Director shall approve all applications which are not disqualified. If there is not sufficient funding to award grants to all the eligible applicants, the Director shall determine which departments shall be awarded grants based on a formula to determine need.

This act is similar to SS/SCS/SB 531 (2007), SB 44 (2007), SB 342 (2007), HB 703 (2007), HB 1289 (2007), SS/SCS/SB 85 (2007), SCS/SB 67 (2007), SB 250 (2007), SB 685 (2007), SB 128 (2007), HB 285 (2007), SB 38 (2007), SCS/SBs 372 & 366 (2007), HCS/SB 277 (2007), HB 337 (2007), HB 634 (2007), SB 394 (2007), HB 284 (2007) & HB 574 (2007).

SUSAN HENDERSON MOORE