2009 Missouri Police
Chiefs Association
Legislative & Legal Update
August 2009
James Klahr, Legislative Liaison
Missouri Department of Public Safety
Today’s Schedule
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4 hours Continuing Education – Legal
3+ hours – 2009 Legislation
Remaining Time – Case Law Update &
Question and Answer
Housekeeping Matters
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How to find copies of legislation –
House Bills – www.house.mo.gov
Senate Bills – www.senate.mo.gov
Can search by bill number, sponsor or key
word
Most bills take effect August 28, 2009
unless otherwise specified
Expansion of DNA Database
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HB 152 – Rep. Marilyn Ruestman
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Expands the DNA Database to include:
Those arrested for 1st Degree Burglary
 Those arrested for 2nd Degree Burglary
 Those arrested for any felony offense under Ch.
565 (Crimes Against the Person), Ch. 566 (Sex
Offenses), Ch. 567 (Prostitution), Ch. 568 (Crimes
Against the Family) or Ch. 573 (Pornography)
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DNA Database
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Under current law, only those convicted of a
felony or any offense under Chapter 566 is
required to submit a DNA sample
20 other states have enacted legislation
requiring sampling upon arrest
This will allow certain crimes to be solved faster
Potential to prevent repeat offenders from
committing multiple future offenses
Will exonerate an innocent person whose DNA
does not match evidence from the crime scene
DNA Collection
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With addition of arrestees, local law
enforcement will be collecting the DNA samples
at the time of arrest
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Will need to check MULES (QDNA)/LENS to determine
if the arrestee is already in the DNA database
If your agency needs to collect DNA for an
investigation, will need to collect a separate sample –
either through consent, search warrant, etc. Do not
use the MSHP offender DNA collection kits for these
samples.
DNA Collection & Expungement
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If no charges have been filed, the
arresting agency shall, within 90 days,
notify the Highway Patrol Crime Lab which
shall:
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Expunge all DNA records taken at the arrest
unless
Highway Patrol determines that the person is
otherwise obligated to submit a DNA sample
DNA Expungements & Exceptions
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Situations where the DNA sample would
not be expunged even if arrestee is not
charged:
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Arrestee has a previous conviction that
requires DNA sample to be retained in the
database (reminder to check MULES at time
of arrest)
Arrestee, after the initial arrest, is arrested for
another offense that requires arrestee to
provide DNA sample
DNA Expungements – Other
Situations
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Even if the arrestee is charged, that
defendant’s DNA record shall be ordered
expunged if:
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Charges are later withdrawn
Case is dismissed or court finds no probable
cause
Defendant is found not guilty
In the first scenario, prosecutor notifies the
Highway Patrol Crime Lab.
DNA Expungements – Other
Situations
If case is dismissed or defendant is
acquitted, the court shall notify the
Highway Patrol Crime Lab.

Crime Lab has 30 days from notification to
determine whether the person is
otherwise obligated to submit a sample.
If the person is not, the Patrol shall
expunge the sample.
Other DNA Changes
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HB 62 (Omnibus Crime Bill) also expands
the DNA database:
Requires that any individual required to
register as a sex offender under Sections
589.400 to 589.425 will have to submit a
fingerprint and DNA sample
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Case Law Update (preview) – John Doe I, et.
al. v. Keathley et. al., SC89727 – requires any
sex offender to register if required to register
under federal law.
Other DNA Changes
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As a result of the Doe case, a number of
offenders that previously were exempted
from registration will have to register.
When they do, the registering agency (i.e.
sheriff’s office) will take a DNA sample to
submit to the Highway Patrol Crime Lab.
Other DNA Changes
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HB 481 – Omnibus Courts Bill:
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Clarifies that a person who is found to be a
sexually violent predator by clear and
convincing evidence shall have his DNA taken
for the database.
Old law had required that State had to prove
that someone was a sexually violent predator
“beyond a reasonable doubt.”
HB 62 – Omnibus Crime Bill
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Contains various provisions relating to crime:
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Updates to Central Repository procedures
Clarifies the law on detainers
Creates certain protections to those who injure or kill
a vicious dog in self-defense
Changes to Driving & Alcohol Related laws
Updates laws on assaults of certain officers
New investigative language for Attorney General on
sex crimes
Updates to stealing-related crimes
HB 62 – Omnibus Crime
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Changes to sex offender registry and various
sex-related crimes
Creates a Crime Lab Commission
Establishes guidelines for recording of certain
custodial interrogations
Provides new investigative tools to combat
cattle theft
Numerous other changes
HB 62 – Central Repository
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Recognition that technology will allow
more precise tracking of individuals in the
Central Repository through means other
than fingerprints
Bill defines “unique biometric
identification” to include facial recognition,
fingerprints, palm prints, hand geometry,
iris recognition and retinal scan.
HB 62 – Central Repository
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Central Repository – Procedural Changes:
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Clarifies that, if a juvenile is alleged to have
violated a traffic law that is not a felony, the
juvenile shall not be fingerprinted unless
certified as an adult (43.503.3)
If certified, the court shall order that the
fingerprint, photograph and certifying papers
be submitting to the Central Repository
(43.503.4)
HB 62 – Central Repository
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Prosecutor, including municipal prosecutor, shall
notify the Repository of decision not to file a
criminal charge on any case where charges had
been referred to the prosecutor (43.503.5)
Court clerk, including municipal clerk, shall
forward record of all charges filed and all
dispositions in cases where the Repository has
an arrest or fingerprint record (43.503.6)
HB 62 – Central Repository
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Clarifies which offenses are reportable:
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All felonies
Class A misdemeanors
All violations for driving under the influence of
drugs or alcohol
Any offense that can be enhanced to a Class
A misdemeanor or higher for subsequent
violations
Comparable ordinance violations
All Ch. 566 violations
HB 62 - Detainers
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What is a Detainer?
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The means used by a local prosecutor/law
enforcement agency to notify the Dept. of Corrections
that a person in custody has a untried indictment
pending.
Under revised Sec. 217.450, a detainer is triggered
when:
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A certified copy of a warrant delivered to the Director of
Dept. of Corrections; and
A written request by the agency to place a detainer on the
defendant
Then the Director shall lodge a detainer in favor of the
requesting agency.
HB 62 - Detainers
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If the Director fails to comply (i.e. fails to
lodge the detainer in favor of the
requesting agency), the indictment shall
not be dismissed unless the court finds
that the offender has been denied the
constitutional right to a speedy trial.
HB 62 – Vicious Dogs
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Some high profile attacks by vicious dogs
in Jackson County
Prompted Sen. Bartle (Lee’s Summit) to
file legislation addressing this issue
New law provides (Sec. 273.033.1):
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A person who shows that he was in
“reasonable apprehension of imminent
harmful contact” or was acting to protect
another from that contact has an absolute
defense to criminal prosecution or civil liability
HB 62 – Vicious Dogs
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Establishing prima facie evidence of
“reasonable apprehension of imminent
harmful contact”
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2 previous complaints to county sheriff or
animal control authority
That dog, unleashed, has trespassed onto
complainants property (includes renters)
At least one of the complaints was motivated
by concern for safety or substantial damage
to livestock or property
HB 62 – Vicious Dogs
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Failure by Sheriff or animal control
authority to notify dog’s owner shall not
invalidate the “prima facie” evidence of
complainant’s reasonable apprehension.
Sec. 273.036 – Owner or possessor of dog
that bites another person while on public
property is strictly liable for damages
suffered.
May be liable for a fine of up to $1,000.
HB 62 – Vicious Dogs
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A police dog that bites another animal or
person in the course of its official duties is
exempt from liability (Sec. 578.022)
If a dog has previously bitten another
person or domestic animal without
provocation and bites a person on a later
occasion, the dog’s owner or possessor
commits a Class B misdemeanor (Sec.
578.024)
HB 62 – Vicious Dogs
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The criminal penalty may be enhanced if:
Bite results in serious injury to any person –
Class A misdemeanor
 Both 1st and 2nd bite results in serious injury –
D felony
 Bite results in death – Class C felony
- If dog causes serious injury or death, animal
control or Sheriff shall immediately seize the
dog (Sec. 578.024.2).
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HB 62 – Vicious Dogs
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Once dog is seized, owner is provided
written notice and dog is held for 10 days
and then destroyed unless the owner files
an appeal to circuit court.
If a dog attacks a person engaged in
criminal activity, the owner or possessor is
not guilty of any crime under Sec. 578.024
or Sec. 273.036.
HB 62 - DWI & Alcohol Changes
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Director of Revenue may deny a driver’s
license when a person has been convicted
twice within 5 years of any intoxication
related offense
NEW – If one of the offenses is a
municipal DWI, law no longer requires
that the defendant was represented by an
attorney or waived the right to an attorney
in writing.
HB 62 – DWI & Alcohol
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Prohibits the use of beer bongs or other
large volume alcohol containers on
Missouri rivers (excl. MS, MO, Osage)
Defines “beer bong” as a device intended
and designed for rapid consumption
Prohibits possession of polypropylene
coolers on or within 50 feet of Missouri
rivers
Penalty – Class A misdemeanor
HB 62 – DWI & Alcohol
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Minors in possession – Implied consent for
alcohol test
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A person under 21 who:
Purchases or attempts to purchase or possesses
alcohol; or
 Is visibly intoxicated
 Shall be deemed to have consented to breath,
blood, saliva or urine test
 Standard language that testing must follow Dept.
of Health protocols
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HB 62 – DWI & Alcohol
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A person who pleads guilty or is found
guilty of a Minor in Possession offense
under Sec. 311.325 may apply to the
court to expunge “official records of his
arrest, plea, trial and conviction” (current
law)
Person may not seek to expunge until
he/she turns 22
HB 62 – Continuous Alcohol
Monitoring
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Sec. 577.023 defines “continuous alcohol
monitoring” – automatic testing of breath, blood
or transdermal alcohol concentration levels (i.e.
sweat) . . at least once per hour and regularly
transmitting the data.”
Goal – to provide a more comprehensive
monitoring program for certain DWI offenders
Court – may impose as condition of probation
If ordered, monitoring would last at least 90
days
Offender shall pay the costs
HB 62 – Alcohol Monitoring
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Continuous monitoring option took effect
on 7/9/09 – Emergency Clause.
Reminder – Legislation from 2008 session
(SBs 930/947) makes ignition interlock
devices mandatory for certain repeat
offenders – took effect 7/1/09.
HB 62 & SB 26 – Alcohol Beverage
Vaporizers
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Alcohol Beverage Vaporizers or AWOLs
(Alcohol Without Liquid Devices)
Marketed to clubs, bars & individuals
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Converts liquid alcohol into a breathable form
Promise of a quicker way to intake alcohol
without the hangover effect
Already outlawed in over 20 states
HB 62 & SB 26 – Alcohol Beverage
Vaporizers
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HB 62 & SB 26 both make it a crime to
possess an “alcoholic beverage vaporizer”
(Sec. 578.255.5)
Class B misdemeanor
HB 62 also outlaws the use or abuse of a
number of new substances – ethyl alcohol
and a number of nitrites (ex: amyl nitrite –
“poppers”)
HB 62 – Alcohol
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Repeal & Reenactment of 577.029
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Language amended in 2007 to remove
requirement that blood draw be done with a
non-alcoholic swab
That bill, HB 574, was then challenged as
violating the Missouri Constitution as having
subject matter not related to the bill title –
“Missouri uniform law enforcement records”
This change should result in dismissal of the
lawsuit – Change has an Emergency Clause
HB 62 – Assault of Officers
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Current law – Sec. 565.081, .082 & .083
provides for penalties for a person who
assaults a law enforcement officer
HB 62 adds corrections officers, defined to
include jailers in political subdivisions, and
probation and parole officers
HB 62 – Tampering with Officers
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Current law – Sec. 565.084 – creates the
crime of tampering with a judicial officer
HB 62 expands who is considered a
judicial officer:
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Juvenile officers
Deputy juvenile officers
Prosecuting or circuit attorneys
Assistant prosecuting or circuit attorneys
Class C felony
HB 62 – Sex Offenders
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Attorney General Investigative Powers
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Sec. 566.013 (new) – provides that, if the Attorney
General’s Office is investigating a crime under Ch. 566
(High Tech Crimes Unit) and venue of the alleged
criminal conduct is not readily determined, AG may
request that Cole Co. Prosecutor seek a subpoena be
issued by a Cole Co. Circuit or Associate Circuit Judge
AG shall provide any evidence produced to the
appropriate local prosecutor
Similar provision in Sec. 573.013 relating to
pornography offenses
HB 62 – Sex Offenders
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Statutes prohibiting residing/loitering by
certain sex offenders:
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Sec. 566.147 – Current law prohibits certain
offenders who have committed sexual
exploitation of children or child porn. offenses
from residing within 1,000 feet of a public
school or child care facility
HB 62 makes a technical change only
HB 62 – Sex Offenders
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New Section 566.148 – Prohibits those
same offenders from:
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knowingly being present or loitering within
500 feet of a daycare; or
Approaching, contacting or communicating
with any child under 18
Exception if the offender is the parent, legal
guardian or custodian of student in the
building
HB 62 – Sex Offenders
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Sec. 566.148 – Violation a Class A
misdemeanor
Sec. 566.149 – Presence in or loitering
near school property – A misdemeanor
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Current law prohibits certain sex offenders
(same list as previous sections) from loitering
near schools or school related functions
New provision – Violation is a Class A
misdemeanor, regardless of offender’s
knowledge of proximity to school
HB 62 – Sex Offenders
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Sec. 566.150 – Presence in or loitering
near certain public parks
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Certain offenders (same group as previous
sections) shall not knowingly be present in or
loiter within 500 feet of any public park with
playground equipment or public swimming
pool.
1st violation – D felony; 2nd violation – C
felony
HB 62 – Sex Offenders
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Sec. 566.155 – Certain offenders;
prohibited from youth sports
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Certain offenders (same group as other
sections) shall not be an:
Athletic coach
 Manager; or
 Athletic trainer
For any sports team if a child under 17 is a member
1st violation – D felony; 2nd violation – C felony
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HB 62 – Pornography & Related
Crimes
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Current law (Sections 573.010 – 573.065) requires, as
an element of the offense, that the person know “the
content and character” of the material.
HB 62, in each of these sections, removes the
requirement that the prosecutor show that the
defendant knows the “content and character” of the
material.
But see Sec. 562.021.3 – “ . . . if the definition of any
offense does not expressly prescribe a culpable mental
state for any elements of the offense, a culpable mental
state is nonetheless required and is established if a
person acts purposely or knowingly . . .”
HB 62 – Pornography & Related
Crimes
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Effect of changes to Ch. 573 may be
negligible at most
HB 62 – Sex Offender Registration
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Recent Court Decision –
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John Doe I, et. al. v. Keathley, SC89727
(Mo.banc 2009)
Because there is a federal law – 42 U.S.C.
16911-16913 – that imposes an independent
obligation to register, plaintiffs’ argument that
they were exempt from registering under Art.
I, Sec. 13 of Missouri Constitution (ex post
facto) does not apply under federal law
HB 62 – Sex Offender Registration
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As a result of this case, Highway Patrol has sent
letters to about 4,500 offenders (to last known
address) who had previously been deemed
exempt from reporting because they had been
convicted of their offenses prior to the
enactment of Missouri’s registration law.
Nearly 1,000 of those offenders have registered
Local sheriffs may need to work with the Patrol
to determine current location of certain
offenders and their obligation to register.
HB 62 – Sex Offender Registration
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New provision – Sec. 589.400.8
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Allows a sex offender to immediately file a
petition to remove or exempt name from the
registry if:
No physical force or threat of force used
Person was 18 years or younger
Victim was 13 years or older
Person is convicted of one of the following
misdemeanor offenses:
HB 62 – Petitioning Off Registry
Sec. 566.068 – Child Molestation, 2nd degree
 Sec. 566.090 – Sexual Misconduct, 1st degree
 Sec. 566.093 – Sexual Misconduct, 2nd degree
 Sec. 566.095 – Sexual Misconduct, 3rd degree
- Court must, under current law, determine
whether the person is a current or potential
threat to public safety and prosecuting
attorney shall be notified and make all
reasonable efforts to notify the victim.
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HB 62 – Sex Offender Registry
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A person who fails, a 2nd time, to register
in Missouri based on an offense committed
outside Missouri that would have been an
offense under Ch. 566, commits a Class C
felony
Problem –
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This fix was not made for the 1st offense of
failure to register (will have to be made next
session)
HB 62 – Online Sexual Solicitation
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History – Missouri AGO and other states
investigated Craig’s List after learning of some of
the adult based classifieds included soliciting
prostitution
Agreement with Craig’s List to stop allowing
those ads
Statute (Section 3) provides ongoing tool to AGO
to bring an action against any entity that
promotes “online sexual solicitation”
HB 62 – Other Provisions
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Creates new crime of diploma fraud – Sec.
173.754
Allows University Police to respond to
emergencies or natural disasters outside
university property if requested – Sec.
174.700
DHSS allowed to implement education
program on financial exploitation of the
elderly – 192.925
HB 62 – Other Provisions
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Financial Exploitation – Sec. 570.145
DHSS Hotline – takes complaints of elder
abuse or financial exploitation
1-800-392-0210 (24 x 7 x 365)
Victim entitled to photo of incarcerated
offender before release – Sec. 217.439
HB 62 – Texting While Driving
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Sec. 304.820 – With certain exceptions,
prohibits any person 21 or younger from
operating a motor vehicle on the highways
while sending, reading or writing a text or
electronic message
Certain exceptions provided:
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Operating emergency vehicle
Reporting illegal activity
HB 62 – Texting While Driving
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Summon medical or emergency help
Prevent injury to a person or property
Taxis, other vehicles for hire when
transmitting information to/from dispatcher
Includes definitions
Violation is an infraction and shall be deemed
a moving violation for assessment of points
Allows for factory installed devices that are
controlled by verbal commands
HB 62 – NHTSA Report
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National Highway Transportation Safety
Administration Report from 2003
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Concluded that talking hands-free poses just
as much risk as driving while holding a cell
phone
That study did not look at the impact of
texting on safety
HB 62 – Other Provisions
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Breach of Security in Personal Information –
Sec. 407.1500
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Requires any person who owns or licenses
information of Missouri residents to notify affected
consumers if there is a security breach
Notice may be delayed if a law enforcement agency
informs the person in writing that notification may
impede a criminal investigation or jeopardize national
or homeland security
Federal Law (Gramm-Leach-Bliley) already requires
this type of reporting
HB 62 – Other Provisions
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Higher penalties for securities fraud – 409.5508; 409.6-604

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Current law – max. penalty of $1 million and/or 10
years in jail
New – same max. as above but provides for minimum
penalty of $50k if the victim is an elderly (60+) or
disabled person
Secretary of State handles securities fraud matters –
800-721-7996 to file a complaint or on web http://www.sos.mo.gov/securities/mipc/complaint.asp
HB 62 – Other Provisions
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Failure to Appear – 544.665
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Updates current law
Requires that prosecutor prove a “knowing”
rather than a “willing” failure to appear
Failure to appear on a felony is a Class D
felony
Failure to appear on a misdemeanor is a Class
A misdemeanor
HB 62 – Other Provisions

Arson – Statute of Limitations
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Current law – 3 years (except 1st degree
arson is Class A felony with no statute of
limitations)
Revision extends the statute to 5 years for:
569.040 – Arson, 1st degree when a B felony
 569.050 – Arson, 2nd degree
 569.055 – Knowingly burning or exploding

HB 62 – Other Provisions

Domestic violence offenses – 565.063
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Current law provides – a person who is a prior
or persistent domestic violence offender shall
not be eligible for an SIS and must serve at
least 6 months
HB 62 revises law to include out of state
offenses to count toward prior or persistent
status
HB 62 – Other Provisions

Endangering the welfare of a child –
568.045
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Currently, a person who manufactures or sells
meth in a place where a person under 17
resides endangers the welfare of a child and
commits a Class C felony
Revision, named “Hope’s Law”, expands the
crime to include possession of meth in a place
where a person under 17 resides
HB 62 – Stealing Offenses

Sec. 570.030 –

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Provides that theft of explosive weapons
(defined in 571.010) is a C felony
Expands theft of certain animals to include
livestock as defined in Sec. 144.010
Cattle, calves, sheep, swine
 Ratite birds, including ostrich and emu
 Llamas, alpaca, buffalo, domesticated elk
 Goats, horses, other equine, or rabbits

HB 62 – Stealing Offenses

570.030
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Captive wildlife held under permit from Dept.
of Conservation – includes bear, venomous
snakes
For stealing of livestock or captive wildlife, the
person commits a C felony and, on a 2nd
offense, must serve 80% of sentence
HB 62 – Stealing Offenses

Sec. 570.040 – Repeat Offenders
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Current law – must have pled guilty/been
found guilty on 2 separate occasions of
stealing related offense
New – previously pled guilty/been found guilty
of 2 stealing-related offenses committed on 2
separate occasions; also removes the 10 day
sentence requirement
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In essence, one previous prosecution proving
multiple offenses allows for enhanced penalties for
any future offenses
HB 62 – Stealing Offenses

Receiving stolen property – 570.080
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If the property received is an explosive
weapon, it is a Class C felony
A number of meth houses where law
enforcement is finding explosive weapons
HB 62 – Other Provisions

Resisting or Interfering with Arrest,
Detention or Stop – 575.150

Language now applies to arrests for warrants
issued by a court or probation and parole
officer
HB 62 – Other Provisions
Crime of disarming a peace officer or
corrections officer – 575.153
- Removes a firearm or other deadly weapon
while officer engaged in official duties; or
- Deprives that officer of the use of that
officer’s firearm or deadly weapon while the
officer is acting in scope of official duties
- Class C felony
HB 62 – Other Provisions

576.050 – Misuse of Official Information


Knowingly or recklessly obtains or discloses
Information from MULES, NCIC or any other
criminal justice information sharing system
that contains individually identifiable
information (ex – MoDex)
HB 62 – Custodial Interrogations

590.701 – Requires that certain interrogations of
arrestees shall be recorded when feasible:

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1st degree murder or 2nd degree murder
1st degree assault, 1st degree assault of an officer, or
1st degree domestic assault
1st degree elder abuse
1st degree robbery, 1st degree arson
Forcible rape, forcible sodomy, kidnapping, 1st degree
statutory rape or sodomy
Child abuse or child kidnapping
HB 62 – Custodial Interrogations

“Custodial interrogation” – questioning of
a person:




Under arrest
No longer at crime scene
Conducted by member of law enforcement
agency
Including answers and statements of person
questioned
HB 62 – Custodial Interrogations

“Recorded” –
Audiotape
 Videotape
 Motion picture or digital recording
Exceptions:
- Suspect requests that interrogation not be recorded
- Interrogation outside Missouri
- Exigent public safety circumstances prevent
recording
- To extent suspect makes spontaneous statements
- Recording equipment fails
- Recording equipment not available

HB 62 – Custodial Interrogations



Each agency shall adopt a written policy on
recording of custodial interrogations
If an agency fails to comply, the Governor
may withhold any state funds if the Governor
finds that the agency did not act in good faith
in attempting to comply
Failure to record shall not be construed as a
ground to exclude evidence and shall not
grant a private cause of action
HB 62 – Other Provisions

Crime Laboratory Review Commission –
Sec. 650.059

Purpose –
To provide oversight and provide recommendations
to Director of DPS and Governor about the needs
of crime labs in the state
 To ensure continued funding for crime labs (Justice
for All Act requires state oversight)


Members:

licensed law enforcement officer employed by
county or municipality in a management position
HB 62 – Crime Lab Review
Commission
Prosecuting Attorney
 Criminal Defense Attorney
 Senior member of a crime lab
 Director of DPS or his designee

HB 62 – Other Provisions

Investigations of Cattle Theft - Section 1




Law enforcement officer may inspect certain livestock
sales records to determine the origin or destination of
livestock
If officer has probable cause to believe that livestock
at a sale barn is stolen, the officer may place a hold
order on the livestock
Once issued to the sale barn operator, the operator is
prohibited from selling or disposing of the livestock
for 24 hours
Violation is a Class A misdemeanor and may subject
sale barn to discipline of license
HB 62 – Other Provisions

Certain sections that had allowed the
court to assess court costs to the
prosecutor when the defendant is
acquitted are repealed – see Secs.
550.050 – 550.090.
Other Legislation of Interest

HB 685 – Service of Search Warrants

Current law (43.200) – Authorizes a highway
patrolman to request the local prosecutor to
serve a search warrant, provided that:
Local Sheriff or designee is notified of search
warrant application; and
 Sheriff or designee shall participate in serving the
warrant

HB 685 – Search Warrants

New language –


Patrol officer does not have to notify sheriff
nor include sheriff in executing search warrant
in cases pertaining to DWI
Patrol officer has to notify, but sheriff or
designee is not required to participate, in
serving warrants pertaining to investigations
of motor vehicle accidents.
HB 667 – Sheriff Training

Effective January 1, 2010, any sheriff who
does not have a valid peace officer license
shall not personally execute any police
powers.


Previous law provided a 12 month window for
a newly elected sheriff to be licensed.
Sheriff can continue to administer the office
through duly commissioned deputy sheriffs.
HB 103 – Mutual Aid Agreements


Previous law authorized mutual aid agreements
between the executive officer of any political
subdivision and other public or private agencies
New law (44.090) authorizes a public safety
agency to enter into such agreements


Agencies include specialized emergency response
teams
Expands mutual aid agreements to include
rendering assistance for a public safety need
(ex: Pope visit, World Series, etc.)
HB 103 – Mutual Aid

When responding to a local mutual aid request,
responding agencies are subject to the same
laws as if they are providing service in their
home jurisdiction


Employees subject to same liability and workers’
compensation provisions when responding
DPS shall administer the statewide mutual aid
system and may authorize any organization to
assist

DPS may establish rules for the statewide system
HB 103 – Other Provisions

Sprinkler systems for new residential
construction – 67.281


A purchaser has the option, at the purchaser’s
cost, to install fire sprinklers in a new home
Homebuilders concerned that new
International Code was going to be adopted
locally and would require that sprinklers be
installed in all new construction
HB 103 – Other Provisions


University police authority to respond out of
jurisdiction upon request (same language as
HB 62)
Defibrillators (190.092) – Removes language
from current law requiring that, in order to be
protected from liability, a person rendering
care with a defibrillator be trained and
demonstrated proficiency
HB 103 – Other Provisions

Labeling of boat docks – 306.903

Starting 1/1/2010, boat dock owners at
certain Lakes, including Lake of the Ozarks,
shall display 911 address information for the
physical address nearest to the dock by land

As drafted, penalty is an infraction but only applies
to violations at Lake of the Ozarks
HB 124 – Joint Committee on
Terrorism


14 member Joint Committee on Terrorism,
Bioterrorism and Homeland Security was
created in 2002
Committee shall –




Study and analyze state government’s efforts
Devise reporting system to obtain data on
terrorism preparedness
Determine any needs for statute changes
Make any other recommendations
HB 124 – Joint Committee on
Terrorism

HB 124 makes 2 changes –


Committee shall study the feasibility of
compiling information on immigration
enforcement
Extends the Sunset Clause on this statute to
December 31, 2011
HB 580 – Line of Duty
Compensation Act

Subject to appropriation, creates a process for
the estate of certain law enforcement, fire
personnel and other public safety officials killed
in the line of duty to make a claim to the Line of
Duty Compensation Fund – 287.243

287.243 (6) "Law enforcement officer", any person employed
by the state or a local governmental entity as a police officer,
peace officer certified under chapter 590, RSMo, or serving as
an auxiliary police officer or in some like position involving the
enforcement of the law and protection of the public interest at
the risk of that person's life;
HB 580 – Line of Duty
Compensation

Process for filing claim





Estate of the deceased files the claim
Filed with the Division of Workers’
Compensation – part of Department of Labor
Within 1 year of the death of the public safety
official
Division will be putting forth additional rules
on the process
Division shall review application
HB 580 – Line of Duty
Compensation
- If Division denies compensation, estate may
appeal the Division’s decision to an
Administrative Law Judge (ALJ)
- Maximum award is $25,000
- Award will not reduce any other benefits the
deceased’s family would receive under any
pension plan, etc.
- Award not subject to subrogation but Division
may have a lien for reasonable attorneys’ fees
for services provided as part of the claim
process
HB 580 – Line of Duty
Compensation

HB 580 included an Emergency Clause

Took effect June 19, 2009
HB 593/SB 161 – Police Pensions



Bills clarify that a pension board may
invest pension funds as authorized by
Sections 105.687 – 105.690
Those sections establish definitions,
including “investment fiduciary”, and set
out a prudent investor rule – 105.688
Previous law (Secs. 86.107 & 86.590) had
placed limitations on how pensions could
invest
HB 397 & HB 947 – KC & St. Louis
Police Retirement



Defines the term “reserve officer”
Makes changes regarding medical exams
regarding disability
Provision addressing certain surviving
spouses (KC Pension Board) – includes an
Emergency Clause – Sec. 86.1240
Other Legislation – Sex Offenders

SBs 36 & 112 – Forcible rape and forcible
sodomy


2006 (HB 1698) – With few exceptions, created a 30
year term for any person convicted of forcible rape or
forcible sodomy of a victim under 12
SBs 36 & 112 provides for lifetime imprisonment if the
forcible rape or sodomy was outrageously or wantonly
vile, horrible or inhumane, in that it involved torture
or depravity of mind
HB 863 – Child Witness Protection
Act



New legislation that provides certain
protections for a child witness (14 or younger)
who is a witness or victim in certain court
proceedings:
Witness in any divorce or adoption proceeding
Victim or witness in any proceeding involving
Orders of protection
 Prosecutions under Ch. 565, 566 or 568, RSMo

HB 683 – Child Witness Protection


If a child is between 15 and 17, court may
institute same protections after entering written
findings
Types of protections granted



Oath administered so that child understands it
Questions to child are understandable
Upon the child’s motion or of any party, the judge
may allow the child to have a toy, blanket or comfort
item, or support person (not a party to the case)

Judge must find that it would not prejudice the jury
HB 177 & HB 622 – Court Records
of Sexual Assault

HB 583 (2007) – Provided that, under Sec.
566.226, certain court information about a
victim’s address, telephone, SSN or physical
characteristics shall be closed and redacted
before being disclosed


Basis that such information could be used to locate
the victim
M.L.S. v. State, 275 S.W.3d 293 (W.D. 2008), held
that a perpetrator could be entitled to closure of his
information if it could be used to locate victim
HB 177 & HB 622 – Court Records

This bill clarifies that the judge has
discretion to release information
pertaining to the defendant that could be
used to locate the victim and:


Victim may provide a statement about
whether she wants the information closed
Judge shall consider the victim’s welfare and
any victim statement
Other Legislation

SB 338 – Crime Victims




Crime Victims’ Compensation Fund – Chapter
595, RSMo
Until 2007, claims filed with Division of
Workers’ Compensation
Executive Order 07-07 moved that role to the
Department of Public Safety
SB 338 revises Ch. 595 so that claims are filed
with DPS
SB 338 – Crime Victims

Missouri Sexual Assault Forensic Exams
(MOSAFE)



HB 583 (2007) set out procedures for forensic exams
of child victims of sex assaults
Law allows for medical providers to be reimbursed by
the state for the cost of the exams
Pursuant to Executive Order 08-04, the agency
responsible for administering this program was
transferred from Department of Heath to Department
of Public Safety
SB 338 – Crime Victims

Moves the SAFE Program from Sec.
191.225 to 595.220


Also requires that medical provider submit
claims within 90 days of exam
DPS will promulgate rules under the new law
Other Legislation – SB 47

Peace Officer Standards – POST


Includes general education requirements
Current rule – 11 CSR 75-13.020:




21 years old
U.S. Citizen
Holder of a valid high school diploma or its equivalent as
defined in 11 CSR 75-2.010
Diploma from attendance-based, accredited high school;
GED; diploma from high school program under Ch. 167,
RSMo; or passage of US Military Armed Services Vocational
Aptitude Battery Exam with a score that would qualify the
person for an MP position.
SB 47 – Continued


Current statute for Highway Patrol (43.060)
and Water Patrol (306.227) appears to limit
eligibility to those who obtain high school
diploma from an accredited 4 year high school
or a GED
SB 47 allows those who have completed a
high school program of education under Ch.
167 to be eligible for license – tracks current
rule
SB 47 - Continued

590.030 is also amended to refer to
completion of high school program under
Ch. 167, RSMo, or a GED as a requirement

Home schools, unaccredited religious schools
HB 237, HB 238 & HB 482 –
Representation in Municipal Ct.


Authorizes cities to establish an
“appointed counsel fund” to provide
money for reasonable fees incurred by any
attorney to represent an indigent
defendant
No new fee – court may allocate part of
the existing $1 fee that current funds
judicial education
HB 237 et. al. – Courts

517.041 – Extends from 30 days to 60
days the amount of time a court may
allow for a defendant to appear on a
summons

Attempting to provide more flexibility for court
dockets
SB 44 – Regulation of Private Jails


Missouri has 2 private jails – one near
Holden (Johnson County) and one in
Bethany (Harrison County)
Despite their presence, there were no laws
regulating their operation

Escape at the private jail near Holden
prompted the legislation
SB 44 – Regulation of Private Jails

New requirements




Private jails subject to all state and local laws
Administrator of private jail must report all
law violations to appropriate law enforcement
agency with jurisdiction
Private jail shall promptly notify local sheriff
and Highway Patrol in the event of an escape
Further regulations about management of
offenders in the private jail
SB 44 – Private Jails

Neither the state, counties or cities shall
contract with any private jail unless:


Private jail provides, in writing, its ability to
indemnify the state or political subdivision for
any liability
Amends numerous crimes to ensure that the
crime covers offenses involving a private jail:
Sec. 221.353 – Damage to jail property
 Sec. 575.210 – Escape from confinement

SB 44 – Private Jails
Sec. 575.220 – Failure to return to confinement
 Sec. 575.240 – Permitting escape from
confinement
 Sec. 221.510 requires that the administrator of a
private jail conduct a MULES check for outstanding
warrants prior to releasing an offender

HB 683 – Transportation

MODOT shall establish and administer a
drunk driving reduction awareness
program – “David’s Law”



Allows a person to apply for a memorial sign
in memory of an immediate family member
killed by a drunk driver
Person must cover costs of the sign
Person must renew commitment after 10
years or sign will be taken down
Highway Designations

Sec. 227.297 – Heroes Way Interstate
Interchange Designation Program



Person may apply for designation in memory
of close relative killed in action in Afghanistan
or Iraq
Joint Committee on Transportation Oversight
shall make decide whether to accept
application
Sign will be erected and maintained for 20
years subject to possible renewal
HB 683 - Transportation




Secs. 227.310 – 227.410 – Other Highway
Designations
Sec. 227.410 – Establishes fees for shippers of
radioactive waste
Sec. 301.420 – Any false statement made in
connection with motor vehicle registration is a
Class C misdemeanor
Sec. 301.440 – Violation of Secs. 301.010 –
301.440 (license plates, registration, fees) is an
infraction unless another penalty is specified
HB 683 - Transportation




Sec. 301.716 – Violation of Secs. 301.700 –
301.714 (all-terrain vehicles) is an infraction
Armed Forces Expeditionary Medal license plate
– 301.3155
302.182 – MO resident who is permanently
disabled may apply to DOR to have that noted
on driver’s license – effective 1/1/2010
302.184 – MO resident who has a boater id card
may apply to DOR to have that noted on driver’s
license – person may use that license in lieu of
the boater id – effective 1/1/2010
HB 683 - Transportation

Municipal fines for traffic violations –
302.341


Any city, town or village receiving more than
35% of general revenue from fines and court
costs for traffic violations (current limit was
45% and did not include court costs) shall
send any amounts over the 35% to DOR for
distribution to the school fund
City, town or village may send in annual audit
if it disputes a determination
HB 683 - Transportation


Sec. 302.755 – Additional restrictions on
commercial vehicle licenses if licensee commits
certain alcohol violations or failure to pay fines
Sec. 304.034 – Authorizes a city, by ordinance or
resolution, to allow operation of golf carts or
motorized wheelchairs


Not allowed on state or federal highway
Can’t cross highway with posted speed limit over 45
mph
HB 683 - Transportation

Towing Changes

304.155 – Law enforcement may tow an
abandoned vehicle located on an interstate or
state highway outside an urbanized area after
24 hours
May also tow when person abandoning vehicle is
fleeing law enforcement
 Clarifies that law enforcement, as well as MODOT,
may clear property or spilled cargo that is a hazard
 Current law allows removal after 4 hours if law
enforcement determines it is a serious hazard

HB 683 - Transportation

Secs. 304.170 & 304.260

Authorizes the Highway Patrol to approve
tractor parades that may use portions of state
highways
Only for fund-raising or special events
 Only operated by licensed drivers during daylight
hours
 Emergency Clause – Took effect on May 29, 2009

HB 683 - Transportation

“Dead Red” – Sec. 304.285

Allows an operator of a motorcycle or bicycle
who enters or crosses an intersection with a
red light to have an affirmative defense to the
violation of crossing against a red light if:
Motorcycle or bicycle has come to a complete stop
 Traffic signal continues to show red for
“unreasonable time”
 Traffic signal is either malfunctioning or not
detecting the motorcycle
 No motor vehicle is approaching the intersection

HB 683 - Transportation


Secs. 307.010 – 307.155 – Changes a number of
equipment violations from misdemeanors to
infractions
Sec. 556.021 – Clarifies that actions to enforce
an infraction are civil in nature


Proven by preponderance of evidence and not before
a jury
556.021.3 – Duty of operator or rider of animal to
stop on signal of any law enforcement officer
enforcing an infraction – willful failure is a Class A
misdemeanor
HB 683 – Transportation

Secs. 565.081 – 565.083 – Adds “highway
workers in construction or work zones” to
the list of those protected by the assault
of a law enforcement officer statutes

Reminder that other changes to these
sections are found in HB 62 (corrections
officers and probation & parole officers)
HB 481 – Courts/Civil Procedure


Sec. 455.010 – Allows a 17 year old (current law says
18) to file for an order of protection
Sec. 475.375 – Allows a person 18 or older who was
previously adjudged incapacitated or was involuntarily
committed to petition the court that he is no longer a
danger and that any disqualification on purchasing or
possessing a firearm be removed



Change to comply with NICS (National Instant Criminal
Background Check) Improvement Act
States that comply will be eligible for federal funding to improve
electronic records submission of criminal history and mental
defect information to NICS
Should improve accuracy of information to sheriffs when
processing CCW permits
SB 140 – Criminal Nonsupport



Authorizes criminal nonsupport courts
Creates Criminal Nonsupport Coordinating
Commission
Starting 8/28/09, each non-violent 1st and
2nd time offender who is:



Incarcerated; and
Not previously placed on probation or parole
for criminal nonsupport
May be considered for parole or work release
SB 140 – Criminal Nonsupport

Revised penalties

Class A misdemeanor unless:
Arrearage is more than 12 monthly payments –
then a Class D felony
 Current law – Class D felony if more than $5,000 in
arrears or failure to pay 6 of last 12 months
 Defendant may raise defense of good cause not to
provide support – must prove by a preponderance
of the evidence

HB 826 – Housing of Sexually
Violent Predators

Sec. 632.489 – Person found by probable
cause to be a sexually violent predator
and ordered to custody of Dept. of Mental
Health may be housed in a secure facility,
including a county jail per Sec. 632.495

632.495 – DMH may enter into contracts with
one or more county jails to house those found
by probable cause to be SVPs. SVPs shall be
separated from other offenders
Other Bills

HB 132 – Makes numerous changes to
Missouri’s Liquor Control Law



Licensing changes administered by the
Division of Alcohol & Tobacco Control
Allows felons to directly be involved in retail
sales of alcohol
Allows expansion of “festival districts” which
allow for open air consumption of alcohol
Other Bills

HB 427 - Relating to Veterans


Sec. 304.840 – Allows a city to waive parking
meter fees for certain veterans who display
specialized plates
Presumably would require an ordinance
Case Law Update

United States Supreme Court




Arizona v. Gant, No. 07-542 (April 21, 2009)
Officers may no longer search a vehicle as part of a
search incident to an arrest
May still conduct a search of the person incident to
the arrest
Limited exceptions


Arrestee unsecured and within reach of the passenger
compartment during search
Officer reason to believe that evidence relevant to the crime
person arrested for might be found in the vehicle
Case Law Update

Arizona v. Gant



Impact of the case still unclear at this point
Officer could seek consent to search prior to
making an arrest depending on the
circumstances
Inventory searches still allowed
Case Law Update

Herring v. United States, 129 S.Ct. 695
(Jan. 14, 2009)



Alabama officers arrested suspect on a
warrant from a neighboring county – during
search, found drugs and a gun
Defendant’s warrant had been recalled
months before but was not entered into the
database
Defendant moves to suppress the evidence
since warrant was no longer valid
Case Law Update

Herring v. United States

Court holds that, since this error in removing
the warrant from database appeared to be
isolated rather than a more widespread
problem, evidence is not suppressed.
Case Law Update

Arizona v. Johnson, 129 S.Ct. 781 (2009)




Gang task force officers stopped a vehicle
Officer had no reason at time of stop to
suspect criminal activity
Officer saw the Defendant in back-seat and
questioned him based on his behavior and
clothing
Officer learned that D was from a town with a
Crips gang and that D had been in prison
Case Law Update



Officer, who suspected D might be armed,
patted D down and felt a gun
D struggled with officer who handcuffed him
Court held that gun should not be suppressed
because officer conducted a lawful Terry
search for officer safety
Case Law Update

State Cases




State v. Cook, 273 S.W.3d 562 (Mo.App.E.D.
2008)
Police arrived at defendant’s home to
investigate a recent accident (10 minutes
before)
Wife told officers that D was drunk and to
take him to jail
Officers asked for ID and D went back to get
the ID, followed by one of the officers
Case Law Update

State v. Cook




Officers arrested Cook who alleged that arrest
was unlawful
Court holds that arrest was not justified by
either consent to enter the home or exigent
circumstances
However, officers had probable cause to
arrest D for leaving the scene of an accident
Blood and toxicology tests were admissible
and not fruit of an illegal arrest
Case Law Update

State v. Allen, 2009 WL 270164 (Ct.App.S.D.
2009)



Officers questioned an apartment owner investigating
possible drugs and asked consent to search
While owner initially declined, the owner later
admitted there was a marijuana pipe inside and
agreed to get it
Owner also agreed to let officers inside after they
explained they wanted to protect officer safety and to
prevent destruction of evidence
Case Law Update





Officers watched owner remove pipe from the drawer
and then asked consent to search the drawer
Owner consented to that search
Officers found “cut” – a substance dealers use as a
filler in drugs
Officers then sought and were granted consent to
search the apartment
Court held that consent was given even though owner
declined initially and that they had acted reasonably
and had objectively reasonable grounds in asking to
enter the apartment
Case Law Update

State v. Wilson, 273 S.W.3d 80
(Ct.App.W.D. 2008)



Defendant convicted of DWI after a one-car
accident
Had a BAC of .150
Court found insufficient evidence to support
conviction

Trooper did not testify about when accident
occurred or when sample was drawn
Case Law Update

State v. Wilson
State did not call paramedics to establish
Defendant’s condition at the scene
 Passenger in vehicle testified that Defendant drank
“a little” at a Christmas party
 Lesson – need to connect the dots between
intoxication and the operation of the vehicle while
intoxicated

The End

Thank you!





James Klahr
Legislative Liaison
Missouri Department of Public Safety
(573) 751-5427
James.klahr@dps.mo.gov