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MCADSV Legislative Update - February 28, 2019
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MCADSV members and others advocate at the Capitol on priority legislation

MCADSV member agencies met with legislators every week in February as part of Missouri Capitol Advocacy Days. Discussions focused on MCADSV priority legislation and the impact of Victims of Crime Act (VOCA) funding. All budget bills for Fiscal Year 2020 were filed by the House Budget Chairman. These bills include either an increase in domestic and sexual violence services funding or level funding from the current fiscal year. Hundreds of members of Missouri Moms Demand Action chapters held a lobby day with their advocacy focused on the passage of HB 960, the “DV gun bill.” The House quickly passed and sent the Senate a House bill that would establish housing rights for victims of domestic violence, sexual assault and stalking. New House and Senate bills can be filed until March 1.

MCADSV’s MOmentum Webcast Series: first episode focuses on legislative and public policy advocacy
The inaugural episode of this series is now on our YouTube channel—it focuses on our public policy work and priorities for this legislative session.
Tune in here: https://www.youtube.com/watch?v=-x9L28OaFy8&feature=youtu.be

 

Appropriations

All Fiscal Year 2020 appropriations bills filed by House Budget Chairman
House Budget Committee Chairman Rep. Cody Smith (R-Carthage) on Feb. 6 filed all appropriations bills for the state Fiscal Year 2020 budget. The bills as filed are the same as the state budget proposed by Gov. Mike Parson; they will be amended through the legislative appropriations process. The bills contain the funding line-items for each state department’s proposed budget. Links are below to the bills and to budget books for the departments with domestic and sexual violence services funding. All departments’ budget books contain more details on programs and services than what is in appropriations bills.

House Bill 11: Department of Social Services (DSS)
The DSS Family Support Division budget book contains additional program and past spending details on the following:
Sexual assault services: $910,000, unchanged from Fiscal Year 2019 (FY19)
       • $750,000 state funds and $160,000 federal funds 
Domestic violence services: $10.556 million, unchanged from FY19
       • $5 million state funds and $5.556 million federal funds
Emergency shelter grants: $562,137, TANF federal funds, unchanged from FY19
Victims of Crime Act (VOCA): $63.7 million, an $18 million increase from FY19 
       • “VOCA initiatives:” $18 million in VOCA funds are requested for appropriation to 13 projects

House Bill 8: Department of Public Safety (DPS) 
The DPS budget book for the director’s office contains additional program and past spending details on the following:
State Services to Victims’ Fund (SSVF): $2 million, unchanged from FY19
Services, Training, Officers and Prosecution (STOP) and Sexual Assault Services Program (SASP) grants: $3.29 million federal funds, unchanged from FY19
Crime Victims’ Compensation programs: These funds support direct compensation to victims, the Sexual Assault Forensic Exam (SAFE) program, and the child abuse forensic exam fund:
       • $2.61 million state funds (matching funds for federal)
       • $4.06 million federal crime victims’ funds
       • $4.837 million federal crime victims’ compensation fund

House Bill 10: Department of Health and Senior Services (DHSS) 
The DHSS budget book contains additional program and past spending details on the following in the Office on Women’s Health: 
Rape Prevention and Services Act (RPE): $964,215 federal funds, a slight increase from FY19

 

ACTIONS ON PRIORITY LEGISLATION


Housing Rights

House quickly passes bill that would allow lease termination and other housing rights to victims of domestic violence, sexual assault and stalking
Senate Bill 60 (Sen. Lauren Arthur, D-Kansas City)
Senate Bill 404 (Sen. Jamila Nasheed, D-St. Louis)
HCS House Bill 243 & 544  (Rep. Jim Neely, R-Cameron)
House Bill 544 (Rep. Jean Evans, R-Manchester)
House Bill 683 (Rep. Raychel Proudie, D-St. Louis) 
MCADSV supports
A House committee combined HB 243 and HB 544 into a committee substitute and the House passed the bill on Feb. 18 by 151-3. A Senate committee hearing on SB 60 was held on Feb. 28. All five bills would allow victims of stalking, domestic and sexual violence to terminate their leases when documentation of their victimization, or risk of victimization if they remain in the dwelling, is provided to a landlord. The documentation could be a police report, protection order or statement from a service provider. The bills also would provide victims with protections from eviction or lease termination. The bills would establish an affirmative defense in suits for back rent from tenants who left a rented residence because of their victimization. Landlords would be allowed to charge a “reasonable” termination fee to a victimized tenant who terminates a lease. The content of the bills is similar to legislation supported by MCADSV in 2018.  


Child Custody

House committee votes to pass bills to establish presumption for shared parenting through 50/50 child custody 
Senate Bill 14 (Sen. Wayne Wallingford, R-Cape Girardeau)
HCS House Bill 229 (Rep. Kathy Swan, R-Cape Girardeau)
MCADSV opposes
A House committee passed a committee substitute for HB 229 on Feb. 26. The Senate bill awaits Senate floor debate. SB 14 and HB 229, similar to previous bills filed by the same bill sponsors for several years, would establish a legal presumption that it is in the best interest of children that judges award equal parenting time to both parents in all custody cases. The standard for rebutting this presumption is a “preponderance of evidence” that includes the occurrence of domestic violence by one parent against the other. The bills do not contain language that creates a presumption against shared parenting when domestic violence has occurred, which MCADSV gained as an amendment to the 2018 Senate bill. 


Poverty

Senate committee passes bill to increase food stamp work requirements 
Senate Bill 4 (Sen. David Sater, R-Cassville)
House Bill 475 (Rep. Hannah Kelly, R-Mountain Grove)
MCADSV opposes
On Feb. 6 , the Senate committee passed SB 4 and it awaits Senate floor action. MCADSV joined more than a dozen other organizations testifying in opposition. The bills would increase work requirements and non-compliance penalties for those who receive food stamps through the Supplemental Nutrition Assistance Program (SNAP). The additional SNAP work requirements would, for lack of work compliance, penalize SNAP recipients—including children in the household—from food stamp eligibility for a range of three months to permanent disqualification. 

House committee votes to pass bill prohibiting use of TANF or SNAP benefits cards to obtain cash
HCS House Bill 474 (Rep. John Eggleston, R-Maysville)
House Bill 475 (Rep. Hannah Kelly, R-Mountain Grove)
MCADSV opposes
On Feb. 26, a House committee passed a committee substitute for HB 474 which removes the Supplemental Nutrition Assistance Program (SNAP) work requirements. HB 474 and HB 475 would prohibit public assistance and food stamp recipients from using their electronic benefit cards to obtain cash from their benefit accounts for Temporary Assistance to Needy Families (TANF) and/or SNAP. The bills also would create new disqualifications from TANF or SNAP for purchases of prohibited goods. Since 2017, MCADSV has opposed similar legislation because cash is still required to meet many basic needs of those living in poverty. 

Senate debates bill to increase work requirements for Medicaid recipients 
SCS Senate Bill 76 (Sen. David Sater, R-Cassville)
The Senate debated SB 76 on Feb. 27 without taking a vote on this bill that would increase work requirements for able-bodied adults to remain eligible for Medicaid health care coverage. The bill had been passed on Feb. 20 by a Senate committee after a hearing during which MCADSV joined more than a dozen other organizations in testifying in opposition. SB 76 contains exemptions in the bill from the work requirements for domestic violence victims. SB 76 would require Medicaid recipients to use this system to document their work activities. Similar recent Medicaid work requirements coupled with call center failures in Arkansas led to loss of Medicaid coverage for thousands of work-compliant, eligible recipients.


Human Trafficking

Senate bill filed to strengthen child trafficking laws
Senate Bill 361 (Sen. Jeanie Riddle, R-Mokane)
HCS House Bill 397 (Rep. Mary Elizabeth Coleman, R-Arnold)
MCADSV supports
A Senate version of HCS HB 397 was filed in February. HCS HB 397 awaits a Senate hearing. The bills would provide an affirmative defense to the charge of prostitution for anyone younger than 18, without the current law’s requirement that the young person be acting “under the influence of an agent.” Both bills would allow expungement of prostitution convictions for persons convicted of the offense when they were younger than 18—provisions supported by MCADSV in past legislative sessions.


Title IX/Higher Education

Senate committee passes bill that would dramatically change process, procedures and venue for Title IX complaints and hearings
Senate Bill 259 (Sen. Gary Romine, R-Farmington) 
House Bill 573 (Rep. Dean Dohrman, R-La Monte)
MCADSV opposes
On Feb. 26, a Senate committee passed SB 259. The lengthy bill, which targets Title IX complaints made for rape or sexual assaults, would allow both due process hearings and appeals filings before the Administrative Hearing Commission. These, and other procedures, would remove the Title IX process from an educational setting to a state hearing process governed by the rules of civil procedure. Other provisions allow for new grievance filing procedures for those accused of offenses and would allow a person to file a lawsuit against another individual who publishes a false accusation that someone person has been guilty of sexual assault or rape. Supporters of SB 259 and HB 573 have summarized the bills’ impact as protection of due process rights of students accused in complaints made under Title IX of the Federal Education Amendments. Title IX protects people from discrimination based on sex in education programs.

Bill would require campus student organizations to designate mandated reporters for reports of domestic and sexual violence
House Bill 131 (Rep. Chris Carter, D-St. Louis)
MCADSV monitoring
MCADSV will meet with the bill sponsor to discuss possible unintended negative consequences of HB 131. The bill would require that every public university or college require all student organizations receiving funding from the institution to designate one member of the organization’s “leadership” as a mandated reporter of any student reports of domestic violence or sexual assault. That designated student reporter than would be required to report to the university or college personnel responsible for Title IX complaints and investigations.

 
Unpaid Leave From Work

House bill filed to allow unpaid leave from work for domestic and sexual violence victims to obtain assistance and attend court 
Senate Bill 178 (Sen. Jill Schupp, D-St. Louis)
House Bill 944 (Rep. Gina Mitten, D-St. Louis)
MCADSV supports
HB 944 was filed in February. Both HB 44 and SB 178 would allow unpaid leave from work for a victim of domestic violence, sexual assault or sex trafficking if the person is employed by a public or private employer with at least 15 employees. The bills would allow victims to take unpaid leave to seek medical attention, recover from injury, obtain victim services or counseling, participate in safety planning, and to seek legal assistance. The bills also would allow unpaid leave to those needing that time to address the victimization of family or household members. The content of SB 178 and HB 944 are similar to bills supported by MCADSV for the past several years.


Orders of Protection

Amendment needed for initial language in bill to specifically include pets in Orders of Protection
House Bill 370 (Rep. David Gregory, R-St. Louis)
MCADSV supports with amendment
The intent of HB 370 is to allow those seeking Orders of Protection to gain legal custody and protection of their pets from the person who has harmed them. MCADSV proposes that HB 370 be amended so that custody and control of pets is specifically included in the law detailing the relief a court could grant to a petitioner through a protection order. 

Bill filed that would require victims to make police reports to be able to obtain an Order of Protection
House Bill 839 (Rep. Dottie Bailey, R-Eureka)
MCADSV opposes
HB 839 would require a person seeking an Order of Protection to make a police report in order to be eligible to file the petition for the protection order. The bill would require, in Section 455.020 RSMo, “Such petition shall be accompanied by a police report that details the incident that prompted the order of protection petition.” HB 839 has not yet been referred to a committee for a hearing. 


Firearms

Bill filed to prohibit gun possession by domestic violence offenders and protection order respondents
House Bill 960 (Rep. Tracy McCreery, D-St. Louis)
MCADSV supports
HB 960, similar to bills filed for several years by Rep. McCreery, would include in Missouri law a prohibition of firearm possession by convicted domestic violence offenders and those with a Full Order of Protection in effect against them. This state law would parallel current federal law. The bill was filed on Feb. 14.

Bill would allow judges to order surrender of firearms through Orders of Protection and prohibit firearm possession by domestic violence offenders and protection order respondents
Senate Bill 41 (Sen. Jill Schupp, D-St. Louis)
MCADSV supports
SB 41 would modify the crime of unlawful possession of a firearm by including those who are convicted of a misdemeanor domestic violence offense during the previous five years or who is the respondent to a Full Order of Protection. The bill also would require that, upon conviction for any domestic violence offense, a court must order the respondent to surrender any firearms in his or her possession to local law enforcement authorities. The content of SB 41 is similar to legislation supported by MCADSV in 2018.

Bills would amend unlawful possession of firearms crime by adding gun possession by domestic violence offenders and protection order respondents 
Senate Bill 94 (Sen. Scott Sifton, D-St. Louis)
House Bill 163 (Rep. Richard Brown, D-Kansas City)
MCADSV supports
The crime of unlawful possession of a firearm would be amended by SB 94 and HB 163 to include those who are convicted of domestic violence misdemeanors and those who are respondents to Full Orders of Protection. The content of these bills is similar to legislation supported by MCADSV in 2018.

Bills would create “extreme risk protection orders” to allow courts to order surrender/seizure of guns
Senate Bill 42 (Sen. Jill Schupp, D-St. Louis)
House Bill 40 (Rep. Deb Lavender, D-St. Louis)
House Bill 545 (Rep. Alan Green, D-Florissant)
House Bill 695 (Rep. Ian Mackey, D-St. Louis) 
MCADSV supports
SB 42, HB 40 and House Bill 545 each would establish a new type of protection order to require the surrender of firearms by persons found by a court to be at extreme risk of harming themselves or others. A family or household member of the person, or a law enforcement officer or agency, could file for the order. As with current protection orders, the court could issue an immediate Ex Parte order and would be required within 14 days to hold a hearing on issuing a Full Extreme Risk Order of Protection. Respondents to the order would be required to surrender their firearms to a local law enforcement agency or they could be seized by a law enforcement officer after a search. A gun seizure warrant could be issued if the respondent to the order did not surrender firearms as ordered. Those with orders issued against them could file a motion to have them modified or rescinded. SB 42 and HB 40 would establish extreme risk protection orders within the current protection order statutes in Chapter 455. HB 545 would establish create the orders in Chapter 571. All bills would make it a felony offense for a person subject to an extreme risk protection order to possess a firearm.

Bill would establish “firearms restraining orders” similar to extreme risk protection orders
Senate Bill 23 (Sen. Jamilah Nasheed, D-St. Louis)
MCADSV supports
SB 23 would create “firearms restraining orders” which would be similar by function and structure to the extreme risk protection orders in SB 42, HB 40 and HB 545. The firearms restraining orders in SB 23 would be established in Chapter 455, which contains current laws protection orders for domestic and sexual violence, dating violence and stalking.


Non-consensual distribution of private sexual images

Bill filed to correct 2018 law criminalizing “nonconsensual distribution of private sexual images” 
House Bill 925 (Rep. Jim Neely, R-Cameron)
MCADSV supports
HB 925 would correct an error in the 2018 law criminalizing “nonconsensual distribution of private sexual images” by clarifying that the offense is against a person, not an image of a person.


Sexual assault

Bill filed to create Sexual Assault Survivors’ Bill of Rights and extends some statutes of limitations for prosecution of sexual offenses
House Bill 760 (Rep. Cora Faith-Walker, D-St. Louis)
MCADSV supports
HB 760 would create a “Survivor’s Bill of Rights” which specifies the rights of a person who was victimized by a sexual offense. The rights include: being able to shower onsite after a forensic exam; being provided with a sexual assault advocate or support person, contraception, clean clothes after a hospital exam, and copies of police reports; the right to an attorney and protection from prosecution for an alcohol or drug offense based on evidence from a forensic exam. The bill would extend the statute of limitation for prosecution of a sex offense to within 10 years if the victim reported the offense within three years of its occurrence. 

Bill filed to create the Compassionate Assistance for Rape Emergencies (CARE) Act
House Bill 800 (Rep. Ian Mackay, D-St. Louis)
MCADSV supports
HB 800 would establish the standard of care for any health care facility that provides emergency care to a sexual assault victim by requiring victims be informed of, and when requested, provided emergency contraception at the hospital and provided prophylactic treatment after HIV/STI screening based on federal protocols. The Department of Health and Senior Services would be required to create rules to implement these provisions. HB 800 is similar to bills supported by MCADSV for several years.

 

 

 

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ONLINE RESOURCE LINKS FOR 2019 LEGISLATIVE SESSION

The links below will provide online access to information on bills, legislators, committees and actions of the Missouri General Assembly during the 2019 legislative session.

House bills: www.house.mo.gov  Home page menu, top right “legislation” field to find bills

Senate bills: www.senate.mo.gov Home page menu, top right “bill search” menu to find bills

Current Missouri statutes: http://revisor.mo.gov/main/Home.aspx