January 2023 Legislative Update
Post Date: February 3, 2023
This month marked the start of the 2023 legislative session. During the first half of the month, MOCADSV spent time reviewing filed bills and narrowing down our list of priorities on what we are supporting, opposing, and monitoring. Below is a list of priority bills, however, it may change as new bills may be filed through March 1, 2023.
MOCADSV testifies in support of Senate Bills 45 and 90
On Wednesday, January 18, 2023, the Senate Committee on Health and Welfare held a hearing for SBs 45 and 90, which seek to expand Missouri HealthNet, Missouri’s Medicaid program, benefits to low-income pregnant and postpartum women for the duration of the pregnancy and for one year following the end of the pregnancy. MOCADSV testified in support of both bills, alongside several other advocacy groups.
Governor Parson delivers State of the State address
On Wednesday, January 18, 2023, Governor Parson delivered his State of the State address, outlining his administration’s priorities for the upcoming year. Highlights include:
- Expanding high-speed broadband internet access to all Missouri homes and businesses
- Creating new childcare tax credit programs and subsidies, as well as expanding pre-kindergarten access to low-income families
- Increasing funding to the Department of Health and Senior Services to improve Missouri’s maternal mortality rate
Additional Legislative Updates
- Two of MOCADSV’s priority bills, House Bill 283 and Senate Bill 106, both relate to informed consent for medical exams, and are likely to be heard in their respective committees the week of February 6, 2023.
- Governor Parson has released his budget recommendations, and now the House and Senate appropriations committee meetings begin. The Governor’s recommendations are only recommendations and it is up to the Missouri General Assembly to pass a budget.
Capitol Advocacy Days
Throughout the session, MOCADSV is in the Capitol working on public policy priorities to support survivors and the advocates who serve them, but Capitol Advocacy Days are an opportunity for advocates to support our work by telling the story of the lifesaving services your agency provides. Advocates work with survivors every day and have special insight into the impact of the decisions made by the Missouri General Assembly. Capitol Advocacy Days will take place on February 8, 15, and 22. These events are members-only. We highly encourage members from across Missouri to sign up for one of these dates to put into action our public policy mission: We Change Laws. We Change Lives.
Bills we are tracking
House Bill 32 – Modifies the offense of unlawful possession of a firearm
Sponsored by Rep. Richard Brown (D)
Currently, a person is in unlawful possession of a firearm if that person knowingly possesses a firearm and has been convicted of a felony by any state, is a fugitive from justice, is habitually intoxicated, or has been found mentally incompetent. This bill expands unlawful possession of a firearm to include any person who has been convicted of domestic assault, is in the United States illegally, was dishonorably discharged from the United States Armed Forces, has renounced their United States citizenship, or has an order of protection issued against them.
This bill contains an emergency clause. This bill is similar to HB 1458 (2022).
House Bill 71 – Modifies provisions relating to vital records
Sponsored by Rep. Chris Dinkins (R)
This bill provides a victim of domestic violence or abuse a one- time fee waiver for obtaining a copy of a birth certificate. To qualify, the victim must provide documentation signed by an employee, agent, or volunteer of a victim service provider, an attorney, or a health care or mental health professional, from whom the victim has sought assistance relating to the domestic violence or abuse that states, under the penalty of perjury, that the victim has been involved in an incident of domestic violence or abuse.
This bill is similar to HCS HB 1300 (2020).
House Bill 283 – Creates provisions relating to patient examinations
Sponsored by Rep. Hannah Kelly (R)
This bill provides that a health care provider, or any student or trainee under the supervision of a health care provider, may not knowingly perform a prostate, anal, or pelvic examination on an anesthetized or unconscious patient unless the patient or a person authorized to make health care decisions for the patient has given informed consent, the examination is necessary for diagnostic or treatment purposes, or the examination is necessary for the collection of evidence through a forensic examination for a suspected sexual assault on the patient because the evidence will be lost or the patient is unable to give informed consent due to a medical condition. A health care provider or supervised student or trainee who violates the provisions of this bill shall be subject to discipline by any licensing board that licensed the health care provider.
This bill is similar to HCS HB 1742 (2022); SB 746 (2022); and HB 459 (2021).
House Bill 367 – Establishes provisions relating to civil actions for vulnerable victims of sexual abuse
Sponsored by Rep. Brian Seitz (R)
This bill creates a cause of action for vulnerable victims of sexual abuse. “Sexual abuse” is defined in the bill and includes certain sexual offenses included in Chapters 566 and 573, RSMo. “Vulnerable victim” is defined as a person who was disabled, a minor, or both at the time he or she was a victim of sexual abuse. The bill allows a vulnerable victim to bring a civil action against any party who committed sexual abuse against the victim or whose tortious conduct caused the vulnerable victim to be a victim of sexual abuse. The action must be brought prior to the victim turning 55 years old.
House Bill 406 – Creates provisions relating to patient examinations
Sponsored by Rep. Jo Doll (D)
This bill prohibits a health care provider from knowingly performing a pelvic, rectal, or prostate examination to any patient who is anesthetized or unconscious in a health care facility, unless the patient has given specific informed consent to the examination, the examination is necessary for diagnostic or treatment purposes, or a court orders the examination for the collection of evidence. A person who violates this section is subject to discipline from any licensing board that licenses the health care provider.
This bill is similar to HB 459 (2021).
Senate Bill 45 – Modifies provisions relating to MO HealthNet services for pregnant and postpartum women
Sponsored by Sen. Elaine Gannon (R)
Senate Bill 90 – Modifies provisions relating to MO HealthNet services for pregnant and postpartum women
Sponsored by Sen. Tracy McCreery (D)
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. 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. 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. Currently, the federal American Rescue Plan of 2021 has authorized 5 years of this coverage.
Senate Bill 59 – Modifies provisions relating to unlawful possession of firearms
Sponsored by Sen. Doug Beck (D)
ADULT AND CHILD PROTECTION ORDERS (Section 455.050 & 455.523)
This act provides that after a hearing for any full order of protection in which an order of protection is granted, the court shall also prohibit the respondent from knowingly possessing or purchasing any firearm while the order is in effect, inform the respondent either in writing or orally, and forward the order to the State Highway Patrol for enforcement.
RECORDS SENT TO STATE HIGHWAY PATROL (Sections 565.076 & 565.227)
This act provides that upon conviction for the offenses of domestic assault in the fourth degree and stalking in the second degree, the court shall forward the record of conviction to the State Highway Patrol. The State Highway Patrol shall update the respondent’s record in the National Instant Criminal Background Check System and also notify the Federal Bureau of Investigation within 24 hours.
UNLAWFUL POSSESSION OF A FIREARM (Section 571.070)
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 substantially similar to SB 894 (2022), HB 1655 (2022), SB 144 (2021), and HB 2131 (2020).
Senate Bill 106 – Prohibits the performance of certain patient examinations upon anaesthetized or unconscious patients
Sponsored by Sen. Lauren Arthur (D)
Under this act, no health care provider, or any student 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, (2) the patient examination is necessary for diagnostic or treatment purposes, or (3) a court orders the patient examination for evidentiary collection. A health care provider who violates the provisions of this act, or who supervises a student who violates the provisions of this act, shall be subject to disciplinary action by the provider’s licensing board.
This act is identical to SB 746 (2022) and substantially similar to HCS/HB 1742 (2022).
Senate Bill 198 – Modifies provisions relating to the waiver of fees for births certificates for certain victims
Sponsored by Sen. Holly Thompson Rehder (R)
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 the victim has been involved in an incident of domestic violence or abuse. A victim may only be eligible once for the fee waiver.
This act is identical to HB 1300 (2020).
Senate Bill 416 – Modifies provisions relating to civil actions for childhood sexual abuse
Sponsored by Sen. Lauren Arthur (D)
Currently, a civil action for recovery of damages suffered as a result of childhood sexual abuse shall be brought within ten years after the victim reaches the age of twenty-one or within three years of the victim discovering that the injury or illness was caused by childhood sexual abuse, whichever is later. This act removes the statute of limitations and provides that an action for childhood sexual abuse or actions against nonperpetrator defendants in actions brought pursuant to this act shall be commenced at any time. Furthermore, this act modifies the offenses included in the definition of “childhood sexual abuse” and defines the term “actions against nonperpetrator defendants” as any action or claim to recover damages brought against a nonperpetrator defendant by any person alleging negligent or intentional failure to supervise a person that commits childhood sexual abuse, or that the nonperpetrator defendant’s conduct caused or contributed to the childhood sexual abuse by another person including, but not limited to, wrongful conduct, neglect or default in supervision, hiring, employment, training, monitoring, or failure to report, or the concealment of childhood sexual abuse.
This act shall apply to any action commenced on or after August 28, 2023, including those that would have been barred by the application of the statute of limitations prior to August 28, 2023. This act is similar to SB 1084 (2022).
House Bill 60 – Provides that the court shall not order a parent to pay child support to the other parent for reasonable or necessary expenses of the child if the parents are awarded equal time with the child
Sponsored by Rep. Marlene Terry (D)
This bill specifies that, if a court-ordered custody agreement awards equal periods of custody, neither parent will be ordered to pay child support.
This bill is the same as HB 1771 (2022) and HB 81 (2021).
House Bill 81 – Modifies provisions relating to required background checks of individuals employed by or associated with licensed residential care facilities, child placing agencies, or residential care facilities
Sponsored by Rep. Rudy Veit (R)
Currently, all owners, officers, managers, contractors, volunteers with access to children, employees, and other support staff of licensed residential care facilities and licensed child placing agencies must submit fingerprints to the State Highway Patrol for state and federal criminal background checks. This bill limits those individuals that must submit to such fingerprinting to employees, contractors, owners, and volunteers. The bill also repeals the requirement that a background check include a search of the National Sex-Offender Registry.
This bill is similar to HB 2623 (2022).
House Bill 138 – Provides immunity from civil liability for disclosures by a charity, nonprofit organization, religious organization, or church of allegations of sexual misconduct
Sponsored by Rep. Doug Richey (R)
This bill specifies that no charity, nonprofit organization, religious organization, 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 HCS HB 1546 (2022) and similar to HB 141 (2021).
House Bill 163 – Modifies provisions relating to abortion, including the importation and distribution of drugs used to induce abortions
Sponsored by Rep. Brian Seitz (R)
This bill establishes the offense of trafficking abortion-inducing drugs if a person or entity knowingly imports, exports, distributes, delivers, manufactures, produces, prescribes, administers, or dispenses, or attempts to do so, any medicine, drug, or other means or substance to be used to induce an abortion on another person in violation of state or federal law. The offense is a class B felony. Furthermore, the bill prohibits the Board of Pharmacy within the Division of Professional Registration within the Department of Commerce and Insurance from issuing or renewing a non-resident pharmacy license if the applicant or licensee delivers directly to a patient in this state any medicine, drug, or other means or substance to be used to induce an abortion. It is also unlawful for a licensed or registered out-of-state wholesale distributor, out-of-state pharmacy acting as a distributor, drug outsourcer, or third-party logistics provider to deliver directly to a patient in this state any medicine, drug, or other means or substance to be used to induce an abortion. The penalty for a violation of this provision is the same as other unlawful acts of such entities and is a class D felony.
This bill is similar to HCS HB 2810 (2022).
House Bill 701 – Establishes the Anti-Red Flag Gun Seizure Act
Sponsored by Rep. Bill Hardwick (R)
Senate Bill 10 – Creates the Anti-Red Flag Gun Seizure Act
Sponsored by Sen. Bill Eigel (R)
This act establishes 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.
Senate Bill 134 – Prohibits the discussion of gender identity or sexual orientation by school personnel
Sponsored by Sen. Mike Moon (R)
This act establishes the “Vulnerable Child Compassion and Protection Act”, which prohibits any school nurse, counselor, teacher, principal, or other personnel at a public or charter school from discussing gender identity or sexual orientation with a student unless such person is a licensed mental health provider with prior parental permission.
Senate Bill 262 – Modifies provisions relating to self-defense
Sponsored by Sen. Karla Eslinger (R)
Under current law, a person may use deadly force against a person who unlawfully enters or attempts to unlawfully enter a dwelling, residence, or vehicle lawfully occupied by such person. This act adds that a person may also use deadly force against a person who unlawfully enters a place of employment, retail establishment, or other place of business in which the individual using such force has a right to be.
Additionally, a person has no duty to retreat from a place of employment where the person is not unlawfully entering or remaining.
This act is identical to SB 1134 (2022) and HB 2679 (2022).
MOCADSV is in support, while also seeking changes to the bill.
House Bill 161 – Establishes the “Compassionate Assistance for Rape Emergencies (CARE) Act”
Sponsored by Rep. Ian Mackey (D)
The bill establishes the “Compassionate Assistance for Rape Emergencies (CARE) Act”. The bill defines the standard of care for any health care facility that provides emergency care to a sexual assault victim as informing the victim of the option to be provided emergency contraception at the hospital and providing the complete regimen of emergency contraception if requested. The standard of care also requires the health care provider to provide sexually transmitted infection screening and treatment to the sexual assault victim. The Department of Health and Senior Services must establish rules necessary to implement the provisions of the CARE Act.
This bill is similar to HB 1944 (2022).