MCADSV Legislative Update - May 28, 2013
End-of-Session Edition


May End-of-Session Legislative Overview

MCADSV achieved passage of funding and legislative priorities in successful 2013 session
MCADSV advocacy gained increased funding for domestic violence services and passage of legislation that significantly improved rape and domestic violence laws. The Missouri General Assembly passed these 2013 MCADSV legislative priorities with bi-partisan support.

MCADSV achieved passage of legislation that will make the most significant changes to Missouri rape laws in decades. The bills added the element of a victim’s lack of consent to the most serious sexual offense crimes so these crimes are no longer defined solely by an offender’s use of force. The legal definitions of consent and incapacity were changed, and a section of law was deleted that allowed a defense to sex offenses that the accused made a “mistake” about the victim's consent or incapacity. The Missouri General Assembly passed two bills with those provisions on May 17 in the final moments of the last day of the 2013 legislative session. The changes to rape laws passed in two bills: House Bill 215 and House Bill 301. The domestic violence law corrections also passed in HB 215.

Bills that failed
The legislation to revise all Missouri criminal laws did not pass. Bills failed that would have increased locally approved ordinance violation fees for domestic violence shelters. A bill failed that would have created “family intervention orders.” An anti-bullying bill did not pass that would have added new requirements for school policies and procedures. A bill to revise sex offender registry laws failed. Punitive new requirements for recipients of public assistance failed to pass the Senate after being passed by the House. And a bill failed that would have required non-profit organizations to notify attendees at fundraisers if the food served was not prepared in a regulated, inspected kitchen.

The 2013 session of the Missouri General Assembly ended on Friday, May 17. All of the 164 bills that were “truly agreed and finally passed” by legislators will be reviewed by Governor Jay Nixon, who will veto them or sign them into law. All bills signed into law go into effect on August 28, 2013, unless otherwise designated in the legislation.


Appropriations

The process
The Missouri General Assembly on May 9 passed all appropriations bills for the state Fiscal Year 2014 that begins on July 1, 2013. Gov. Nixon has the authority to line-item veto any items in the budget bills, or to withhold some or all of the funding for a specific line item or program.  It was the Governor who first proposed increased funding for domestic violence services, funding that was approved by legislators.

Legislators pass $1.9 million federal funding increase for domestic violence services  
House Bill 11
Department of Social Services (DSS)

The Missouri General Assembly passed HB 11 with a $1.9 million increase in federal funding for domestic violence services in the annual budget bill for DSS. The funding increase was proposed by Gov. Nixon for the state Fiscal Year that begins July 1, 2013. The increase was endorsed without opposition by lawmakers.

The increased federal funds are drawn primarily from the state’s block grant of Temporary Assistance to Needy Families (TANF) funds and include an additional increase in federal Family Violence Prevention and Services Act (FVPSA) funds. HB 11 provides state funding for domestic violence services at $4.75 million, federal funding of $3,716,524 (includes the increase), for a total of $8,466,524 for FY2014.

MCADSV has had initial meetings with DSS staff about the funding increase. It is expected that the additional funding will be distributed through an amendment to current Domestic Violence Shelter and Services (DVSS) contracts with domestic violence programs.

Reductions in crime fine collections cause cuts to SSVF program budget; other funds unchanged
House Bill 8
Department of Public Safety (DPS)

Legislators passed HB 8, the DPS annual budget for Fiscal Year 2014, with current funding levels for all but one victim services grant programs. HB 8 included a $1 million reduction in the State Services to Victims Fund (SSVF) grant program, a reduction caused by lower collections of crime fines that fund it. HB 8 contains grants and programs funded at the following levels for the state Fiscal Year that begins July 1, 2013:   
  • Victims of Crime Act (VOCA) grants remain at $7.5 million in federal funds;
  • Services, Training, Officers and Prosecution (STOP) grants remain at $2.49 million in federal funds, which includes Sexual Assault Services Program (SASP) grants;
  • State Services to Victims Fund (SSVF) grants were reduced to $4 million, a cut of $1 million due to lower collection of crime fines that fund this grant program (this is the amount reflected in the most recent awards of SSVF grants that begin July 1);
  • Sexual Assault Forensic Examination (SAFE) program funds were reduced by $1 million, a reduction that reflects lower program costs since limits were placed on per-exam reimbursement amounts for the performance of forensic exams.

Rape Prevention and Education grant funding unchanged for coming fiscal year
House Bill 10
Department of Health and Senior Services (DHSS)

Lawmakers approved HB 10, the appropriations bill for DHSS, with no changes to the current level of $889,134 in federal funding for the Rape Prevention and Education (RPE) grants. This “Sexual Violence Victims Services, Awareness, and Education Program” includes a small amount of federal funding for sexual assault services grants.


BILLS THAT PASSED


Rape and Domestic Violence

Lawmakers pass MCADSV priority legislation to revise rape laws, correct domestic violence law errors

House Bill 215 (Rep. Stanley Cox, R-Sedalia and Senate handler Sen. Bob Dixon, R-Springfield)


Rape law revisions originally filed as:
  • Senate Bill 214 (Sen. Ryan Silvey, R-Kansas City)
  • House Bill 280 (Rep. Jay Barnes, R-Jefferson City)  
Domestic violence law technical corrections originally filed as:
  • Senate Bill 222 (Sen. John Lamping, R-St. Louis and House handler Rep. Chris Kelly, D-Columbia)
MCADSV Supported

In the final moments of the 2013 session, legislators passed HB 215, which contained the most significant changes to Missouri rape laws in decades.  HB 215, a multi-provision judiciary bill, was amended on the last day of the session by Sen. Jolie Justus to include rape law revisions. Sen. Justus was aided in the effort by Sen. Bob Dixon, the Senate handler of HB 215. The Justus-Dixon team also amended HB 215 to include the MCADSV priority measure to make technical corrections to current domestic violence laws. They were the champions of the legislation in the Senate.

Rep. Chris Kelly and Rep. Jay Barnes were the House champions of the domestic violence and rape law changes. Rep. Kelly returned to the Capitol one week after suffering a heart attack to achieve a unanimous House vote to pass the domestic violence bill during the final week of the session. Rep. Barnes led the House effort to pass the rape law changes. Crucial support for the legislation was provided by Rep. Todd Richardson, R-Poplar Bluff, and Rep. Gina Mitten, D-St. Louis.

Rape law revisions

HB 215, like the originally filed separate House and Senate bills, revises rape and sex offense laws, adding elements of incapability or incapacity to consent to the elements of felony rape and sodomy crimes, and renames the crime of forcible rape to rape, first degree, and deviate sexual assault to sodomy, second degree.  These crimes currently are only defined by an offender’s use of force or drugging of a victim.
  • Adds lack of consent or incapacity to consent to rape laws: Under current law, forcible rape, forcible sodomy and sexual abuse all occur when a person engages in certain sexual conduct with another person by forcible compulsion. In addition to renaming the above crimes, HB 215 provides that a person violates the law when engaging in the sexual conduct with another person who is incapacitated, incapable of consent, or lacks the capacity to consent, or by forcible compulsion.
  • Amends the definition of consent: HB 215 adds that a drug-induced state or any other reason can result in the victim being unable to consent.  The definition of lack of consent in current law only includes youth, mental disease or defect, or intoxication.
  • Amends the definition of  incapacitated: HB 215 deletes the following sentence from the legal definition of incapacitated: “A person is not incapacitated with respect to an act committed upon such person if he or she became unconscious, unable to appraise the nature of such person's conduct or unable to communicate unwillingness to an act, after consenting to the act.”
  • Deletes section of law titled “mistake as to incapacity:” HB 215 deletes current law in Section 566.020.1 RSMo. The deleted section is: “Whenever in this chapter the criminality of conduct depends upon a victim's being incapacitated, no crime is committed if the actor reasonably believed that the victim was not incapacitated and reasonably believed that the victim consented to the act. The defendant shall have the burden of injecting the issue of belief as to capacity and consent.”
  • Renames forcible rape as rape, first degree and renames other sexual offense crimes: In HB 215, the crimes of forcible rape and sexual assault are renamed first and second degree rape, the crimes of forcible sodomy and deviate sexual assault are renamed first and second degree sodomy, and the crimes of sexual abuse and first degree sexual misconduct are renamed first and second degree sexual abuse. Second and third degree sexual misconduct are renamed first and second degree sexual misconduct.

Technical corrections to current domestic violence laws  
HB 215 contains the following corrections to domestic violence laws, most of them addressing technical errors that passed in a 2011 bill that revised all domestic violence laws. These provisions change domestic violence laws to:
  • Provide for the consistent use of the more expansive definition of  "domestic violence" rather than references to "abuse" in the domestic violence chapter, Chapter 455 RSMo;
  • Include the consistent use of "stalking" in Chapter 455 RSMo to ensure the laws apply to instances of stalking that do not involve a family or household member as well as acts of domestic violence;
  • Clarify that service of both ex parte and full orders of protection shall have priority over other non-emergency actions. This provision places service requirements for both ex parte and full orders of protection in the same section of law, Section 455.040.2 RSMo;
  • Add language to Section 455.040 RSMo to clarify that a judge is not mandated to issue a full Order of Protection if the respondent can show in a hearing that the actions alleged as domestic violence were lawful.  This amendment was in response to a Missouri Western District Appellate Court decision in a protection order case where actions alleged as violence were determined to be lawful self-defense;
  • Require a custodial parent, guardian or guardian ad litem served with notice of an ex parte protection order against a juvenile respondent to bring the juvenile to court (Sections 455.035.2 RSMo). This conforms to similar sections in juvenile law;
  • Allow court review of a motion to dismiss a protection order without a court hearing if a judge seeks to determine if a petitioner is being coerced into seeking the order’s dismissal (Section 455.060.5 RSMo);
  • Add the electronic court record system, CaseNet, to current law that does not require public notice of a name change when the person changing his or her name is a victim of domestic violence (Section 527.290.2 RSMo).

Prosecutors to collect restitution payments for crime victims
HB 215 transfers to prosecutors the authority to collect court-ordered restitution for crime victims. The bill allows administrative fees of $25 to $75 to be collected, with an additional fee of 10 percent of the total restitution, for an amount of $250 or more. An additional $2 could be charged for installment payments. These fees also can be collected from incarcerated persons.

New regulations for SAFE exams of children younger than 14
HB 215 requires the establishment of new regulations and best practice policies for sexual assault forensic examinations of children younger than 14 in order for health care professionals to be reimbursed for the cost of the exams through the SAFE program in the Department of Public Safety.


Public Assistance

Bill passes to prohibit use of TANF benefit cards in casinos and liquor stores, increases fraud penalties
Senate Bill 251 (Sen. Will Kraus, R-Lee’s Summit)
MCADSV Monitored
SB 251 passed. The bill prohibits Temporary Assistance to Needy Families (TANF) recipients from using electronic benefit cards in liquor stores, casinos and strip clubs. SB 251 also increases penalties for TANF or food stamp fraud by those who receive, trade or transfer the benefits illegally.


Child Abuse


Bill passes to require direct reports by mandated child abuse reporters; revises child SAFE exam laws
House Bill 505 (Rep. Marsha Haefner, R-St. Louis)  
MCADSV Supported
HB 505 passed on the final day of the legislative session. It changes child abuse reporting laws by requiring direct reports of child abuse or neglect by legally mandated child abuse reporters. HB 505 also would implement new regulatory provisions for sexual assault forensic evidence examinations of child victims who are younger than age 14.

Constitutional amendment would allow evidence of prior sex offenses in trials for sex crimes against children
House Joint Resolution 16 (Rep. John McCaherty, R-High Ridge)
MCADSV Monitored  
HJR 16 passed. It proposes a constitutional amendment, to be approved by Missouri voters, that would allow relevant “propensity evidence” of prior criminal acts to be admissible in prosecutions for crimes of a sexual nature involving a victim younger than 18 years of age.


Sex Offenders

Bill to monitor sexually violence predators, remove juveniles from public sex offender registry, amended to include rape law revisions
House Bill 301 (Rep. Kevin Engler, R-Farmington)
MCADSV Supported
HB 301 passed in the final moments of the session. It was amended on the last day by Sen. Jolie Justus to include the MCADSV priority legislation to revise rape laws. HB 301 contains the following provisions:
  • Removes juveniles, defined as those less than 18 years of age, convicted of sex offenses from the public sex offender registry website operated by the Department of Public Safety;
  • Allows juvenile sex offenders to petition the court for removal from the registry after five years if certain conditions are met;
  • Requires that notice be given to prosecutors in jurisdictions where conditional release is granted to a person who was committed as a sexually violent predator;
  • Allows law enforcement officials access to electronic monitoring information on conditionally released sexually violent predators in their jurisdictions; and
  • Establishes a prisoner re-entry program for the City of St. Louis if it is funded by the state.

Access to Emergency Contraception

Bill passes that would allow pharmacies to not stock birth control drugs or devices
Senate Bill 126 (Sen. David Sater, R-Cassville)
MCADSV Monitored  
SB 126 passed on May 7. In its entirety, the bill states: “Notwithstanding any other provision of law, no pharmacy licensed in this state shall be required to carry or maintain in inventory any specific prescription or nonprescription drug or device” (Section 338.255 RSMo). If signed into law by Governor Nixon, SB 126 would likely limit access to emergency contraception in some communities, an effect its supporters sought to limit access to over-the-counter emergency contraception, and birth control medications or devices.


Firearms


Gun bills decrease age for concealed weapons, allow teachers to be armed, nullify federal gun laws
House Bill 436 (Rep. Doug Funderburk, R-St. Peters)
MCADSV Monitored   
Passed as the “Second Amendment Preservation Act,” HB 436 makes the following changes to Missouri gun laws:
  • Nullifies any federal laws that restrict a Missourian’s right to bear arms;
  • Prohibits state or federal officials from enforcement of any federal laws that restrict gun owners’ rights;
  • Criminalizes actions by any federal  officer or official who seeks to enforce federal laws restricting Second Amendment rights in the state;
  • Lowers the age to 18 from 21 for a person to be able to obtain a concealed weapon endorsement;  
  • Allows schools to designate a teacher or employee as a school protection officer who may carry a concealed weapon on the school premises;
  • Prohibits health care professionals from inquiring or documenting if a patient owns firearms;
  • Prohibits local governments or law enforcement agencies from holding gun buy-back programs unless a local ordinance is passed to allow it and which allows licensed gun dealers to purchase any firearms turned in through the program; and
  • Allows those with concealed weapon endorsements to openly carry firearms in any city or county that has an ordinance prohibiting “open carry,” so long as the gun is no longer than 16 inches. Such a person could not be disarmed by local law enforcement officers unless under arrest.
House Bill 533 (Rep. Jeanie Riddle, R-Fulton)
MCADSV Monitored   
HB 533 passed. It allows state employees to have concealed weapons in their locked vehicles when they are on state property. The bill also prohibits local governments from holding gun buy-back programs unless a local ordinance allows it and gun dealers can buy the guns turned in to the program.


BILLS OF INTEREST THAT PASSED

Pre-trial release with electronic monitoring
Senate Bill 327 (Sen. Bob Dixon, R-Springfield)
House Bill 374 (Rep. Stanley Cox, R-Sedalia)
House Bill 215 (Rep. Stanley Cox)
SB 327, HB 374 and HB 215 all passed. Each of the bills allow judges to place a person awaiting trial on house arrest with electronic monitoring or, if the person cannot afford the costs, the county can elect to pay the costs. SB 327 also allows DWI courts to contract for private probation services to monitor offenders if state probation services cannot.

Veterans’ treatment courts established
Senate Bill 118 (Sen. Will Kraus, R-Lee’s Summit)
House Bill 374 (Rep. Stanley Cox, R-Sedalia)
Both SB 118 and HB 374 allow circuit courts to establish veterans’ treatment courts, much like existing drug courts, for cases involving veterans with mental illness and/or substance abuse issues. The courts would be required to provide judicial oversight of offenders and refer those veterans for treatment.

Custody and visitation law changes for deployed military parents
Senate Bill 110 (Sen. Dan Brown, R-Rolla)
SB 110 allows deploying military parents to temporarily modify child custody and visitation orders, delays pending custody orders until 90 days after a parent’s deployment, and allows a deployed parent to delegate visitation rights to other family members. There is a rebuttable presumption that delegation of rights shall not be permitted in instances of domestic violence on the part of the family member seeking the delegated visitation rights.

Law school clinics exempt from civil court costs
House Bill 374 (Sen. Stanley Cox-R-Sedalia)
HB 374 adds law school clinics to the list of organizations that may waive court expenses without filing a motion in civil cases for indigent persons. This provision was originally filed as SB 245 (Sen. Jolie Justus, D-Kansas City) and was added to HB 374.

Safe Place for Newborns, SAFE exams, and Task Force on the Prevention of Sexual Abuse of Children
Senate Bill 256 (Sen. Ryan Silvey, R-Kansas City)
SB 256 increases to 45 days the amount of time a parent can anonymously relinquish an infant, without criminal abandonment charges, and adds maternity homes and crisis pregnancy centers to the places where infants can be left. The bill also contains the requirement that new regulations be created for sexual assault forensic examinations of children younger than age 14, a measure also passed in HB 215 and HB 505. Finally, SB 256 continues the Task Force on the Prevention of Sexual Abuse of Children, removing its 2013 expiration date.

Age for youth to reenter foster care increased to 21
Senate Bill 208 (Sen. Jolie Justus, D-Kansas City)
SB 208 increases the age limit for youth to reenter foster care from age 18 to 21 upon a petition to the court by the youth, juvenile officer or Children’s Division.

Changes to unemployment compensation laws
Senate Bill 28 (Sen. Will Kraus, R-Lee’s Summit)
SB 28 redefines "misconduct" for which an employee may be disqualified from unemployment benefits. The standard for misconduct is changed from “wanton or willful disregard” to a knowing disregard and violation of standards an employer expects. SB 28 also redefines the standard of “good cause” to be eligible for unemployment compensation for a person who left a job willingly—good cause is defined to include illness or disability.


BILLS THAT FAILED

Unpaid leave for victims of domestic violence
Senate Bill 367 (Sen. Gina Walsh, D-St. Louis)
SB 367 never advanced after an April Senate committee hearing. The bill would have allowed employers to provide domestic violence victims with unpaid leave from work to address issues related to abuse. MCADSV supported the bill.

Original bills to correct errors in domestic violence laws (content passed in other bills)
Senate Bill 222 (Sen. John Lamping, R-St. Louis and House handler Rep. Chris Kelly, D-Columbia)
House Bill 281 (Rep. Jay Barnes, R-Jefferson City)
The Senate did not pass SB 222 after it was unanimously passed by the House. The content of the bill passed as an amendment to HB 215 on the final day of the legislative session. The content of HB 281, which also failed, passed as an amendment to HB 215. During the session, the domestic violence law corrections were amended to several bills. None of these passed, but all indicated lawmakers’ support for domestic violence legislation.

Municipal and county ordinance fees for domestic violence shelters
House Bill 251 (Rep. Jeanie Lauer, R-Blue Springs)
HB 251 failed. It did, however pass the House during the last week of the session in HB 717 (Rep. Jeff Grisamore, R-Lee’s Summit). HB 251 would have allowed municipalities and county governing bodies to increase local ordinance violation fees from $2 to $4 with those funds designated to support domestic violence shelters. The Senate version of the bill also failed, Senate Bill 313 (Sen. Paul LeVota, D-Kansas City).  

New requirements for public assistance recipients
House Bill 343 (Rep. Casey Guernsey, R-Bethany)
MCADSV opposed HB 343; it failed. The bill would have dramatically changed laws on public assistance programs, including food stamps, subsidized child care and Temporary Assistance to Needy Families (TANF). HB 343 would have:  required unemployed recipients to work 20 hours each week, without pay, for governmental entities; mandated recipients to gain a GED or graduate high school within two years with no exceptions; and allowed state workers to require drug testing for public assistance recipients without requiring face-to-face interactions.

Criminal code revisions
House Bill 210 (Rep. Stanley Cox, R-Sedalia)
Senate Bill 253 (Sen. Jolie Justus, D-Kansas City)
House and Senate bills failed to pass that would have updated all Missouri crime laws. MCADSV was successful, however, in adding rape and domestic violence law revisions to both SB 253 and HB 210. The thousand-page bills would have updated Missouri’s entire criminal code, which has not been done since the late 1970s. Similar bills are expected to be introduced in the 2014 legislative session.

Family intervention orders
House Bill 402 (Rep. Lindell Shumake, R-Hannibal)
HB 402 failed to pass. It would have created “family intervention orders” to allow a family member to petition a court to order another family member into drug or alcohol treatment. MCADSV highlighted the faulty drafting of the bill and opposed adding the orders, which do not include allegations of violence, to a chapter of law on domestic violence.

Sex offender registry
House Bill 589 (Rep. Dave Hinson, R-St. Clair)
HB 589
failed. The bill would have allowed some offenders to be removed from the sex offender registry if a mental health evaluation determined them to be a low risk for reoffending. MCADSV opposed HB 589.

School anti-bullying policies
House Bill 134 (Rep. Sue Allen, R-St. Louis)
HB 134 failed. It would have defined “cyber-bullying” and required enhanced school policies and procedures on bullying. Two other anti-bullying bills failed, primarily because they listed specific groups of students to be protected from bullying, including those identifying or perceived as LGBT. Those bills were House Bill 477 (Rep. Judy Morgan, D-Kansas City) and Senate Bill 284 (Sen. Scott Sifton, D-St. Louis).  

Non-profit organizations
Senate Bill 432 (Sen. Mike Cunningham, R-Rogersville)
SB 432 failed. It would have required non-profits to notify attendees at fundraisers if food was served that had not been prepared in a regulated, inspected kitchen.

Probation and Parole Board case reviews
House Bill 419 (Rep. Penny Hubbard, D-St. Louis)
HB 419 failed. It would have allowed Probation and Parole case reviews for first-time offenders with sentences of 15 to 50 years who have exhausted all appeals. HB 419 included case reviews for offenders with a history of domestic and sexual violence against them.


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Access to information on legislation and lawmakers
Information on legislators, committees and actions of the Missouri General Assembly is available on the website of the Missouri General Assembly, www.moga.mo.gov. That website also provides access to copies of all bills filed, and provides detailed information on lawmaker’s actions on bills as they proceed through the legislative process.

Specific bill search
Please note that revisions to the General Assembly’s website no longer allow live links directly to each bill, so navigating to specific bills requires a few steps:
To review copies of all bills, go to www.moga.mo.gov.
  • Select “Joint Information” from the left-side menu bar, then “Joint Bill Information.” Enter the bill number in the search field.
  • To view the final version of a bill passed by the General Assembly, select the bill text identified as “Truly Agreed” on the bill page

Legislator information by district map
The following links from the website of the Missouri House of Representatives detail district maps for the Missouri General Assembly. There also are statewide maps and detailed maps for the urban districts. The maps provide a quick, visually-accessible alternative to looking up legislators by zip codes, which can be done via the General Assembly website. Missouri Senate and House districts were redistricted in 2012.
•    Senate maps: http://www.house.mo.gov/billtracking/maps/senate.pdf
•    House maps: http://www.house.mo.gov/billtracking/maps/house.pdf

SAFETY ALERT :
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