The Missouri legislative session began January 3, 2024. MOCADSV spent the majority of December and January reviewing the more than 1,000 bills proposed by the legislature and narrowing down the priorities of what the Coalition supports, opposes, and monitors. Below is a list of our priority bills as of March 1 when bills can no longer be filed.
Governor Parson delivers State of the State address:
Missouri Governor Mike Parson delivered the State of the State address January 24, 2024. The address outlined his administration’s priorities for the upcoming year. Highlights included:
- Creating a new childcare tax credit program to improve affordability for Missouri families.
- Increasing funding for K-12 and higher education institutions.
- Address the fentanyl crisis in Missouri with stricter punishments for fentanyl-related crimes.
Bills MOCADSV testified in support of:
House Bill 1617– Modifies provisions relating to civil actions for childhood sexual abuse.
Sponsored by Representative Brian Seitz (R)
On Wednesday, February 7, 2024, the Missouri House of Representatives Judiciary Committee held a hearing for HB 1617, a bill that would amend current statute to increase the statute of limitations for victims of childhood sexual abuse to 20 years after the victim turns 21. This bill would allow survivors of childhood sexual abuse more time to process the abuse before reporting. MOCADSV testified alongside multiple advocates and survivors of childhood sexual abuse in support of HB 1617.
This bill is similar to HCS HB 367 (2023).
House Bill 1659– Modifies provisions relating to criminal laws.
Sponsored by Representative Lane Roberts (R)
A public hearing for HB 1659 was held January 18, 2024. MOCADSV testified in support of HB 1659, which creates the “Stop Cyberstalking and Harassment Task Force” to better provide protections for survivors of domestic and sexual violence, and stalking, and to help law enforcement access training needed to investigate cyber-crimes. Cyber-crimes, such as cyberstalking, evolve as new technology and software become available to the public. The proposed task force is necessary in understanding where and how cyber-crimes are committed.
House Bill 2190– Enacts provisions relating to continuous insurance coverage of self-administered hormonal contraceptives.
Sponsored by Representative Tara Peters (R)
The House Healthcare Reform committee heard testimony for House Bill 2190 on January 16, 2024. HB 2190 would require any health benefit plan in Missouri to reimburse health care providers or dispensing entities for providing self-administered hormonal contraceptives intended to last up to one year. This bill would also prohibit coverage from being subject to larger deductible payments than other similar health care services provided by the health plan. MOCADSV testified in support of this bill.
This bill is similar to HB 1874 (2024) and HB 287 (2023).
House Bill 2402– Allows the court to enter a judgement of dissolution of marriage or legal separation if a person is pregnant.
Sponsored by Representative Ashley Aune (D)
House Bill 2402 proposes that pregnancy status shall not prevent the court from entering a judgment of dissolution of marriage or legal separation. The House Emerging Issues Committee held a hearing February 7, 2024, where MOCADSV testified in support of HB 2402.
This bill is the same as HB 1253 (2023).
Senate Bill 744– Modifies provisions relating to child custody arrangements.
Sponsored by Senator Lauren Arthur (D)
This act modifies the factors a court shall consider when awarding custody to parents, including the willingness and ability of parents to cooperate in the rearing of their child; the child’s physical, emotional, educational, and other needs; the mental health or substance use history experienced by either parents; the history of domestic and child abuse of any individuals involved; the distance between the residences of the parents; and the reasonable input of the child as to the child’s custodian. MOCADSV testified in support of SB 744
Senate Bill 1342– Modifies provisions relating to the age of marriage.
Sponsored by Senator Lauren Arthur (D)
MOCADSV testified in support of Senate Bill 1342, a bill that would require all individuals seeking a marriage license to be at least 18 years or older.
This bill is identical to SB 767 (2024).
Senate Bill 1326– Modifies provisions relating to forensic examinations of victims of sexual offenses.
Sponsored by Senator Tracy McCreery (D)
Under this act, a specialty hospital, meaning a hospital other than a general acute care hospital, shall not be required to comply with certain statutory provisions relating to forensic examinations of victims of sexual assault if such hospital has in place a policy for the transfer of such victims to an appropriate hospital with an emergency department. MOCADSV Testified in support of SB 1326 January 25, 2024
Bills we’re monitoring:
Support:
Senate Bill 795– Authorizes a tax credit for providing housing to victims of domestic violence.
Sponsored by Senator Barbara Washington (D)
Current law allows a taxpayer to claim a tax credit for contributions made to shelters for victims of domestic violence or rape crisis centers. For all tax years beginning on or after January 1, 2025, this act modifies such tax credit to also allow a taxpayer to claim a $1,000 tax credit if the taxpayer has converted abandoned property into an operational shelter for victims of domestic violence, and a $500 tax credit if the taxpayer has rented residential real estate to a victim of domestic violence.
This act is identical to SB 437 (2023) and HB 2523 (2020), and is substantially similar to a provision on SB 382 (2023).
Senate Bill 742– Authorizes tax credits for child care.
Sponsored by Senator Lauren Arthur (D)
This bill establishes three acts, the “Child Care Contribution Tax Credit Act,” the “Employer-Provided Child Care Assistance Tax Credit Act,” and the “Child Care Providers Tax Credit Act.”
House Bill 1539– Imposes a judgement of restitution in the amount of five thousand dollars for human trafficking offenses and establishes the “Human Trafficking and Sexual Exploitation Fund.”
Sponsored by Representative Jeff Coleman (R)
This bill provides that a person who pled guilty to or was found guilty of certain sexual offenses as specified in the bill will be required to pay $5,000 in restitution payable to the state to be deposited into the newly established “Human Trafficking and Sexual Exploitation Fund.” Upon receipt of money from the Fund, a county must allocate disbursement of the funds according to the requirements in the bill. The moneys in the Fund will be distributed to the county where the human trafficking offense occurred. The county will allocate 50 percent of the moneys to rehabilitation of human trafficking victims and 50 percent of the monies to education programs for convicted human trafficking offenders and to increase the number of law enforcement officers to enforce human trafficking laws.
This bill is similar to HB 706 (2024) and HB 453 (2023).
Senate Bill 869– Creates provisions relating to lifetime protection orders.
Sponsored by Senator Mike Moon (R)
This act provides that a court shall have jurisdiction at the time of sentencing to enter a lifetime protection order restraining or enjoining the defendant from contacting the victim if the defendant has been found guilty of a dangerous felony. The protection order shall be effective immediately and shall be served on the defendant at the time of sentencing. Such order shall be valid for the defendant’s lifetime unless the victim dies, the conviction is dismissed, expunged, or overturned, if the defendant has been pardoned, or the victim submits a written request to terminate the order. If an Order of Protection is granted, the order shall be issued to the victim and to the law enforcement agency in which the victim resides. The sheriff shall enter all information into the Missouri Uniform Law Enforcement System (MULES) within 24 hours and MULES shall forward the information to the National Crime Information Center.
House Bill 1819– Prohibits certain individuals from possessing a firearm due to domestic violence.
Sponsored by Representative Del Taylor (D)
This bill empowers a court after issuing an Order of Protection to also prohibit the respondent from knowingly possessing or purchasing a firearm while the order is in effect, informing the respondent in writing, and forwarding the order to the State Highway Patrol so they may update the respondent’s record in the National Instant Criminal Background Check System (NICS). The State Highway Patrol must also notify the FBI within 24 hours. Additionally, upon a person’s conviction of domestic violence in the fourth degree or stalking in the second degree, the court shall forward the recorded conviction to the State Highway Patrol and they shall update the respondent’s record to the NICS within 24 hours.
The bill also provides that a person commits the offense of unlawful possession of a firearm if such person knowingly has a firearm in their possession and has been convicted of domestic violence or is subject to an Order of Protection. The bill defines “Family,” “household member,” and “misdemeanor offense of domestic violence” as these terms pertain to the act.
The bill also has an emergency clause. House Bill 1918 is similar to SB 1183 (2024), HB 2336 (2024) and HB 1135 (2023).
Senate Bill 890– Creates the “Missing and Murdered African American Women Task Force.”
Sponsored by Senator Angela Mosley (D)
This act creates the “Missing and Murdered African American Women Task Force” with membership as provided in the act. The Task Force shall elect a chairperson and shall hold an initial meeting before October 1, 2024. The Task Force shall submit a report regarding policies and measures to address violence against African American women and girls as provided in the act to the Governor and General Assembly on or before December 31 of each year. The Task Force shall expire on December 31, 2026, unless the Department of Public Safety determines the Task Force should be extended until December 31, 2028.
This bill is similar to HB 2397 (2024).
House Bill 1660– Modifies and establishes provisions relating to the prevention of child abductions.
Sponsored by Representative Wendy Hausman (R)
Currently, a court may communicate with a court in another state concerning proceedings arising out of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This bill establishes the “Uniform Child Abduction Prevention Act” and specifies that parties to a child custody determination, as defined in the bill, can petition the court seeking abduction prevention measures to protect the child. The petition must be filed in a court with jurisdiction to make child custody determinations. Missouri courts will have temporary emergency jurisdiction under RSMo 452.755, if the court finds a credible risk of abduction. This bill also identifies the procedure for filing such a petition and the information that should be included. The bill specifies the factors the court must consider when determining whether there is a credible risk of abduction. The bill also specifies what a court order must include, especially when the court enters an abduction prevention order.
To prevent imminent abduction of a child, a court may issue a warrant to take physical custody of the child, direct the use of law enforcement to take any action reasonably necessary to locate the child, obtain return of the child, or enforce a custody determination as described in this bill, or grant any other relief allowed under the law.
Senate Bill 913– Modifies provisions relating to unlawful possession of firearms.
Sponsored by Tracy McCreery (D)
This act modifies provisions relating to unlawful possession of firearms. This act provides that a person commits the offense of unlawful possession of a firearm if the person knowingly possesses a firearm and has been convicted of a misdemeanor offense of domestic violence in Missouri or any other state or is subject to an Order of Protection that was issued after a hearing in which the person had actual notice and had the opportunity to participate in such hearing. This act has an emergency clause.
This act is identical to SB 431 (2023), SB 59 (2023), and to provisions in SB 305 (2023) and substantially similar to SB 894 (2022), HB 1655 (2022), SB 144 (2021), and HB 2131 (2020).
House Bill 2124– Establishes extreme risk protection orders and gun violence seizure warrants and prohibits certain persons involved in domestic violence from possessing a firearm.
Sponsored by Representative Ian Mackey (D)
This bill specifies procedures for the application and issuance of “Extreme Risk Protection Orders” (ERPO) and “Firearm Seizure Warrants”, and prohibits certain persons from possessing a firearm. The bill allows any individual to petition a court for an ERPO which bans the possession of firearms based on specified criteria. The court shall issue the order if the court finds probable cause that the respondent poses a significant risk of personal injury to himself or herself, or others by owning or possessing a firearm. The court shall notify the Missouri Uniform Law Enforcement System (MULES) of the issuance of any ERPO no later than one business day from issuing the order. The bill further specifies that it is unlawful and a class E felony for certain individuals to possess a firearm.
This bill is similar to HB 413 (2023).
House Bill 1876, House Bill 1894– Establishes the “Firearm Violence Prevention Act.”
Sponsored by Representative Patty Lewis (D) (HB 1876)
Representative Stephanie Hein (D) (HB 1894)
This bill establishes the “Firearm Violence Prevention Act”. The bill allows a family or household member or a law enforcement officer to petition the court for an Extreme Risk Protection Order (ERPO). A warrant may be issued to search and seize a firearm from a person subject to an ERPO if there is probable cause that the person possesses a firearm. A family member of the person subject to the protection order may request a temporary ERPO without notice to the respondent by including relevant evidence in the petition. The court must hold a temporary ERPO hearing in person or by telephone on the day the petition is filed or on the court day immediately following the day the petition is filed. If the court finds by a preponderance of the evidence that the respondent is a significant risk of causing personal injury to his or herself or others by having a firearm, the court must issue a temporary ERPO. The court must then schedule a hearing within seven days of the issuance of the temporary order to determine if an 182-day ERPO should be issued.
Any person who retains possession of, or purchases or receives, a firearm when he or she is prohibited from doing so by an ERPO or temporary ERPO will be guilty of a class B misdemeanor, or a class E felony if he or she has two or more previous convictions for violating an ERPO. Before March first of each year, the Office of State Courts Administrator shall publish statistics related to ERPOs, including the number of petitions filed for ERPOs and temporary ERPOs, and the number of such orders issued, denied, terminated, and renewed, for the preceding calendar year.
This bill is similar to HB 421 (2023).
House Bill 1897– Requires training on human trafficking conducted by the Department of Public Safety to include instruction on victims’ statements.
Sponsored by Representative Raychel Proudie (D)
This bill specifies that, when training on human trafficking is conducted for law enforcement officers, the training must include instruction on victims’ statements in order to assist officers in identifying persons associated with human trafficking and human trafficking victims.
This bill is similar to HB 2180 (2022).
House Bill 1896– Allows the reporting of a privileged communication regarding child abuse and neglect that is made to a minister or clergy person.
Sponsored by Representative Raychel Proudie (D)
Currently, communication regarding child abuse and neglect to a minister or member of the clergy is considered a privileged communication that does not have to be reported or provided as evidence in judicial proceedings. This bill eliminates that privilege and makes ministers and clergypersons mandated reporters of child abuse and neglect.
This bill is the same as HB 1812 (2020).
House Bill 1916– Requires hospital employees and first responders to receive training on detecting and reporting human trafficking.
Sponsored by Representative Jo Doll (D)
This bill requires licensed hospitals and first responder agencies to, prior to January 1, 2026, provide at least 20 minutes of training and education regarding human trafficking awareness to each employee who is employed as of July 1, 2025, and within six months of employment to each new employee. After December 31, 2025, licensed hospitals and first responder agencies must provide human trafficking awareness training and education to each employee once every two years and within six months of employment to each new employee. The bill specifies what the training and education must include; however, a hospital or agency may provide more elaborate training and education regarding human trafficking. If a licensed hospital or first responder agency violates these provisions, the Department of Health and Senior Services may seek an order requiring the hospital or first responder agency to comply.
This bill is similar to HB 149 (2023).
House Bill 1741– Provides immunity from civil liability for disclosures by a charity, nonprofit organization, religious organization, or church of allegations of sexual misconduct.
Sponsored by Dough Richey (R)
This bill specifies that no charity, nonprofit organization, religious organization, or church, or any person acting on its behalf, will be held civilly liable for any communication regarding an individual made directly to another charity, nonprofit organization, religious organization, or church, or to any person acting on its behalf if the communication concerns an allegation that the individual has committed certain offenses of sexual misconduct as specified in the bill. The bill specifies circumstances under which the immunity from liability applies or does not apply.
This bill is the same as HB 138 (2023) and HCS HB 1546 (2022).
House Bill 2209– Modifies provisions relating to the “Crime Victims’ Compensation Fund” and establishes the “Victims of Domestic Violence Fund.”
Sponsored by Representative Marlon Anderson (D)
This bill increases the surcharge on every criminal court proceeding filed by $10, and the $10 will be deposited into the “Victims of Domestic Violence Fund”, created in this bill. A victim of domestic violence may be compensated under the new fund or under the Crime Victims’ Compensation Fund but cannot receive compensation from both funds if the compensation is from the same offense.
This bill is the same as HB 2347 (2022) and similar to HB 1234 (2021).
House Bill 1541– Modifies provisions relating to criminal offenses involving a child and statements made by a child or vulnerable person.
Sponsored by Representative Jeff Coleman (R)
Currently, a statement made by a child under the age of 14 that would otherwise be inadmissible in court, including a visual and an aural recording of a verbal or nonverbal statement of that child, is admissible in court in matters relating to offenses under Chapters 565, 566, 568 or 573, RSMo. This bill changes the age to children under 18. The bill also adds that a visual and an aural recording of a verbal or nonverbal statement of a vulnerable person, as defined in the bill, is also admissible when relating to an offense under Chapters 565, 566, 568, or 573. This bill also modifies the offense of enticement of a child by increasing the age of the victim from less than 15 years old to less than 17 years old.
Additionally, the bill modifies the penalty provisions for the offense of patronizing prostitution. Currently, the penalty distinctions are for older than 14 years of age and 14 or younger. This bill increases the age from 14 to 15 years old and modifies the offense of patronizing prostitution if the individual is 15 years of age or younger from a class D felony to a class B felony.
This bill is similar to HCS HB 454 (2023) and HB 2616 (2022).
House Bill 1762– Authorizes a sales tax exemption for the purchase of diapers and feminine hygiene products.
Sponsored by Representative Justin Hicks (R)
This bill authorizes a sales tax exemption for the purchase of all diapers and all feminine hygiene products, as both are defined in the bill.
This bill is similar to HB 290 and SB 73 (2023), and HB 2384 and SB 1124 (2022).
House Bill 1766– Modifies provisions relating to evidentiary collection kits.
Sponsored by Representative Justin Hicks (R)
This bill amends the definition of “component” as it relates to evidence collected during the use of an evidentiary collection kit in a forensic examination of a person who may have been a victim of sexual assault. This bill provides that a component is evidence that may be stored or maintained within an evidentiary collection kit. The bill also modifies provisions related to the electronic tracking system used to track the status of evidentiary collection kits. The bill clarifies that the linking of identifiers of specific kits will be used to establish a familial, hierarchical relationship between the identifiers.
House Bill 1600– Creates provisions relating to maternal care.
Sponsored by Representative LaKeySha Bosley (D)
This bill requires the Department of Health and Senior Services to establish a fetal and infant mortality review process in which all local public health agencies may voluntarily participate. This bill creates the “Fetal and Infant Mortality Review Fund”. The Fund shall consist of money appropriated by the General Assembly, as well as gifts, contributions, grants, or bequests. This bill adds additional duties regarding tracking and examining disparities experienced by lesbian, bisexual, transgender, intersex, and gender-nonconforming individuals and reporting findings, to the extent possible. This bill also requires the Board to consult with pertinent surviving family members or support people present with direct knowledge of, or involvement in, the event, including the patient in cases of severe maternal morbidity.
The bill also requires the Department to contract with programs that train certified nurse midwives and programs that train professional midwives in accordance with the global standards for midwifery education and the international definition of the term “midwife” as established by the International Confederation of Midwives in order to increase the number of students receiving quality education and training as a certified nurse midwife or as a professional midwife. This bill creates the “Midwifery Education Fund” to be used for these provisions.
This bill is similar to HB 1192 (2023) and HB 2877 (2022).
Opposes:
Senate Bill 998/Senate Bill 1004/House Bill 1651 – Creates the “Anti-Red Flag Gun Seizure Act.”
Sponsored by Senator Denny Hoskins (R) (SB998)
Sponsored by Senator Bill Eigel (R) (SB1004)
Sponsored by Representative Mazzie Christensen (R) (HB1651)
These bills establish the “Anti-Red Flag Gun Seizure Act” which provides that any federal Order of Protection or other judicial order issued by a court to confiscate any firearm, firearm accessory, or ammunition from any law-abiding citizen shall be considered an infringement on the people’s right to keep and bear arms. Additionally, no public agency, political subdivision, or law enforcement agency shall receive any federal funding for the purpose of enforcing any federal acts or judicial orders confiscating any firearms, firearm accessories, or ammunition.
For purposes of House Bill 1651, “red flag law” is defined as any gun control law, order, or measure that directs the seizure of any firearm of an individual without the adjudication of a contested court case, or any federal or state rule, statute, or judicial order that prohibits a Missouri citizen from owning or receiving any firearm, or any order of removal for the surrender of any firearm, unless such citizen is convicted of a violent felony or is otherwise disqualified pursuant to an order of protection or under Section 571.070, RSMo.
Any red flag law that directs the confiscation of any firearm from any law-abiding citizen within Missouri shall be considered an infringement on the people’s right to keep and bear arms as guaranteed by the state and federal constitutions and shall not be enforced within Missouri.
SB 1004 is identical to SB 469 (2023) and substantially similar to SCS/SB 10 (2023).
Also included in SB 1004, sovereign immunity shall not be an affirmative defense. This act contains an emergency clause. This act is identical to HB 712 (2023) and substantially similar to SB 10 (2023).
House Bill 1737– Provides protections against ideological discrimination in postsecondary education.
Sponsored by Representative Doug Richey (R)
This bill defines “discriminatory ideology” as including any ideology that promotes the differential treatment of any individual or group of individuals based on characteristics of race, color, religion, sex, gender, sexuality, ethnicity, national origin, or ancestry. The bill prohibits any public institution of post-secondary education from requiring any applicant, employee, student or contractor to endorse such discriminatory ideology. The bill also prevents institutions from requiring a “diversity, equity, and inclusion statement” as defined in the bill from such individuals.
This bill requires academic institutions to develop a policy for compliance. The policy shall include disciplinary measures for an employee who violates the policy. Beginning July 1, 2026, institutions shall submit an annual written report on compliance to the Joint Committee on Higher Education. This bill is the same as HCS HB 1196 (2023) and similar to HB 2198 (2024).
House Bill 1576– Requires instruction on human sexuality and development in schools.
Sponsored by Representative Mazzie Christensen (R)
This bill modifies the course materials and instruction relating to human sexuality to include beginning in the 2024-25 school year a human growth and development discussion. The bill requires districts and charter schools to require such instruction beginning in grade 3 and outlines requirements including requiring a high-definition video of fetal development and the “Meet Baby Olivia” video showing the process of fertilization and every stage of human development. The bill provides the Attorney General standing as parens patriae to enforce the requirements and provides a cause of action for damages and relief.
For full text of any bill, contact MOCADSV at MOCADSV@MOCADSV.org.
General Session Information
In the last 30 years, the fewest number of bills to clear the General Assembly was 31 during the pandemic-shortened session of 2020. At 43, this session marks the second lowest number of bills to make it to the Governor’s desk.
The total number of bills, concurrent resolutions, and joint resolutions proposed this session were 2,267. Of those, the Senate filed 789 and the House filed 1,478. At the end of session, only 63 bills were Truly Agreed to and Finally Passed, 36 Senate bills and 27 House bills (20 of those are the FY2023 Supplemental bills and FY 2024 operating budget) making the total number of non-budget policy related bills to be “Truly Agreed and Finally Passed” this session 43.
Legislation of Interest Truly Agreed and Finally Passed by the General Assembly at the end of the 2023 session is listed below. July 14th is the final day in which the Governor can sign bills. Signed bills without an emergency clause go into effect August 28, 2023.
Appropriations
We had a great budget season securing a onetime general revenue (GR) influx to the Victims of Crime Act (VOCA) at $30 million and an additional $24 million VOCA-ARPA (American Recovery Plan Act) re-appropriations. An additional $3 million was added to the existing $750,000 in general revenue to support sexual assault services in the (SVSS) grants administered by DSS. All other core funding remained intact. Now we await approval by the Governor so it is available for FY 2024.
Priority Legislation
Creates the “Missouri First Responder Mental Health Initiative Act”
RIGHTS OF VICTIMS OF CRIMES
(modifies RSMo. 595.209)
This act adds that the victim shall be notified by certified mail or by electronic mail.
Under current law, victims of certain crimes shall be notified by the prosecutor’s office and law enforcement of certain filings or status updates in the criminal case of which he or she is a victim.
RURAL EMERGENCY HOSPITALS
(modifies RSMo. 197.020)
This act modifies the term “hospital” for purposes of licensure to include facilities designated as rural emergency hospitals by the Centers for Medicare and Medicaid Services. The impact of this change has yet to be seen and we will keep you informed as we learn more.
FENTANYL TESTING
(creates RSMo. 579.088)
Under this act, it is now lawful to manufacture, possess, sell, deliver, or use any device, equipment, or other material for the purpose of analyzing controlled substances to detect the presence of fentanyl or any synthetic controlled substance fentanyl analogue.
Modifies provisions relating to access to public records of the Missouri highway patrol
BIRTH CERTIFICATES FOR VICTIMS OF DOMESTIC VIOLENCE
(modifies RSMo. 193.265)
This act waives any required fees for the issuance or copy of a birth certificate if the request is made by a victim of domestic violence or abuse and if the victim provides documentation signed by an employee, agent, or volunteer of a victim service provider, attorney, or health care or mental health professional stating that such person believes that the victim has been involved in an incident of domestic violence or abuse. A victim may only be eligible once for the fee waiver.
Modifies provisions relating to child support and custody
Child Support and Custody
(modifies RSMo. 452.375, 454.1005)
Bills to create a court’s presumption of 50/50 custody have been before the legislature for years. Each year MOCADSV advocated that if it should pass it would include provisions for victims of domestic violence. It made it across the finish line this year when it was included in a larger child support reform bill. The domestic violence provisions are included in this bill and changed the original language from clear and convincing to a preponderance of evidence.
This act adds a rebuttable presumption when determining child custody arrangements that an award of equal or approximately equal parenting time to each parent is in the best interests of the child.
However, such presumption may be rebutted by a preponderance of the evidence as specified in the act, including an agreement by the parents on all issues related to custody or a finding by the court that a pattern of domestic violence has occurred.
Additionally, current law requires a court considering child custody to consider and enter written findings of fact and conclusions of law on the child’s wishes as to his or her custodian. This act modifies this provision to require that the court instead consider the child’s unobstructed input, free of coercion and manipulation, as to his or her custodial arrangement.
Part of the child support reform aspects of this bill provides that the hearings to determine whether the suspension of a business, occupational, professional, recreational, or other license is appropriate when an obligor is not in compliance with a child support order shall comply with due process and shall consider all relevant factors, including the obligor’s current and past ability to pay the support, his or her need for transportation, experiencing a life-changing event, including divorce or domestic violence, and his or her need for the license for continued employment.
Modifies provisions relating to health care
OFFICE OF CHILD ADVOCATE
(modifies RSMo. 37.725)
Currently, the identity of a complainant or recipient shall not be disclosed by the Office of Child Advocate unless they or their legal representative consents or a court orders the disclosure. This act permits disclosure of such identities if the Child Advocate determines that disclosure to law enforcement is necessary to ensure immediate child safety.
TRANSITIONAL BENEFITS FOR TANF, SNAP, AND CHILD CARE
(modifies RSMo. 208.035 and 208.053)
The impact of this change will be significant for recipients whose monthly income has exceeded the maximum allowable income for program eligibility. So, for those who may receive a salary increase or promotion that could have put them dollars above the eligibility threshold they won’t have an immediate withdrawal of benefit payments.
This act establishes, subject to appropriations, a transitional benefits program for Temporary Assistance for Needy Families (TANF) and the Supplemental Nutrition Assistance Program (SNAP). Such transitional benefits shall be designed to assist recipients of such programs whose monthly income has exceeded the maximum allowable income for program eligibility to continue receiving reduced benefits, as described in the act. Recipients of transitional benefits shall comply with all requirements of each program for which they are eligible, including work requirements. Transitional benefits received under this act shall not be included in the lifetime limit for TANF benefits.
This act modifies provisions relating to transitional child care benefits by expanding the Hand-Up pilot program statewide for individuals whose incomes exceed the maximum allowable amount for the full child care subsidy benefit. Transitional child care benefits shall be reduced benefits determined on a sliding scale as the recipient’s income increases, with the recipient paying the remainder of the fee to the child care provider. Additionally, this act removes the expiration date of the Hand-Up program.
PUBLIC ASSISTANCE APPLICATIONS
(modifies RSMo. 208.066 and 208.072)
Under this act, the Department of Social Services, subject to federal approval, shall limit any initial application for SNAP, TANF, child care assistance, or any medical assistance or health insurance program to a concise, non-duplicative, and easily accessible form on the Department’s website. Program participants who are required to complete a periodic eligibility review form may submit such form as an attachment to their Missouri state individual income tax return if the eligibility review form is due at the same time as the tax return. Such eligibility forms shall also be made accessible on the Department of Revenue’s website.
MO HEALTHNET ELIGIBILITY REDETERMINATIONS
(modifies RSMo. 208.239)
Finally, within 30 days of the effective date of this act, the Department of Social Services shall resume annual MO HealthNet eligibility redeterminations, renewals, and post-enrollment verifications.
Modifies provisions relating to public health
(Senate Bills 45, 106 and House Bill 402)
PATIENT EXAMINATIONS
(modifies RSMo. 191.240):
Under this act, no health care provider, or any student or trainee under the supervision of a health care provider, shall perform a patient examination, defined as a prostate, anal, or pelvic examination, upon an anesthetized or unconscious patient in a health care facility, unless: (1) the patient or person authorized to make health care decisions for the patient gives specific informed consent for nonmedical purposes, (2) the patient examination is necessary for diagnostic or treatment purposes, (3) the collection of evidence through a forensic examination for a suspected sexual assault is necessary because the evidence will be lost or the patient is unable to give informed consent due to a medical condition, or (4) emergency implied consent, as described in the act, is present. A health care provider shall notify a patient of any such examination performed.
A health care provider who violates the provisions of this act, or who supervises a student or trainee who violates the provisions of this act, shall be subject to disciplinary action by the provider’s licensing board.
MO HEALTHNET FOR PREGNANT AND POSTPARTUM WOMEN
(modifies RSMo. 208.151, 208.662)
Under this act, MO HealthNet coverage for these low-income women will include full Medicaid benefits for the duration of the pregnancy and for one year following the end of the pregnancy.
Currently, low-income pregnant and postpartum women receiving benefits through MO HealthNet for Pregnant Women or Show-Me Healthy Babies are eligible for pregnancy-related coverage throughout the pregnancy and for 60 days following the end of the pregnancy. This coverage shall begin on the effective date of the act and shall continue during any period of time the federal authorization for such coverage is in effect.
Other Bills of Interest
Modifies provisions relating to criminal laws
(Senate Bill 189) – Vetoed by Governor
Children & Firearms
OFFENSE OF ENDANGERING THE WELFARE OF A CHILD
(modifies RSMo. 568.045):
This act adds to the offense of endangering the welfare of a child in the first degree that any person who knowingly encourages or aids a child less than 17 to engage in any conduct violating law relating to firearms shall be guilty of a class D felony.
Firearms
BLAIR’S LAW
(modifies RSMo. 571.031)
This act establishes “Blair’s Law” which specifies that a person commits the offense of unlawful discharge of a firearm if, with criminal negligence, he or she discharges a firearm within or into the limits of a municipality. Any such person shall be guilty of a class A misdemeanor for the first offense, a class E felony for the second offense, and a class D felony for any third or subsequent offenses. These provisions will not apply if the firearm is discharged under circumstances as provided in the act.
OFFENSE OF UNLAWFUL POSSESSION OF FIREARMS
(modifies RSMo. 571.070)
Under current law, unlawful possession of a firearm is a Class D felony, unless a person has been convicted of a dangerous felony then it is a Class C felony. This act changes the penalty for the offense to a Class C felony, unless a person has been convicted of a dangerous felony or the person has a prior conviction for unlawful possession of a firearm, then it is a Class B felony.
MAX’S LAW
(modifies RSMo. 575.010, 575.353, 578.007, & 578.022)
This act, “Max’s Law”, enhances the penalty for assault on a law enforcement animal. Under current law, the offense of assault on a law enforcement animal is a Class C misdemeanor. This act provides that the offense of assault on a law enforcement animal is a Class A misdemeanor, if the law enforcement animal is not injured to the point of requiring veterinary care or treatment. The charge is a Class E felony if the law enforcement animal is seriously injured to the point of requiring veterinary care or treatment; and a Class D felony if the assault results in the death of the animal.
Additionally, exemptions to the offenses of agroterrorism, animal neglect, and animal abuse shall not apply to the killing or injuring of a law enforcement animal while working.
Finally, this act adds that any dog that is owned by or in the service of a law enforcement agency and that bites or injures another animal or human is exempt from the penalties of the offense of animal abuse.
