Below is a synopsis of some of the new legislation the Missouri General Assembly recently enacted that is related to crime and motor vehicles. The listed legislation has been signed into law. Unless otherwise noted, these laws went into effect August 28, 2018. The public needs to be aware of several of these new laws or changes to increase public awareness and education.
HB 1246 ─ HUMAN TRAFFICKING
This bill requires the Department of Public Safety to create a poster regarding human trafficking. It also requires various establishments to display the poster, which provides information regarding human trafficking, including what it is and what resources victims have for getting help. The posters must be displayed in a conspicuous place near the entrance of the establishment starting March 1, 2019. Establishments required to display the poster but fail to do so will be subject to penalties provided in this bill. Businesses required to display the poster include strip clubs, private clubs with a liquor permit, hotels, motels, airports, train stations, bus stations, truck stops, roadside rest areas, emergency rooms, urgent care centers, privately owned job recruitment centers, businesses offering massage/bodywork services, women’s health centers, abortion facilities, family planning clinics, maternity homes, and pregnancy resource centers.
HB 1350 ─ CRIMINAL HISTORY RECORDS
This bill modifies provisions related to criminal histories and authorizes the Patrol to implement the national Record of Arrest and Prosecution Back program. RAP Back is a real-time criminal history monitoring system. This bill also changes a law enforcement agency’s process to perform a criminal record review through Missouri’s Central Repository’s automated criminal history system instead of through MULES (Section 43.535 RSMo.).
The Central Repository has the authority to submit an applicant’s fingerprints to the National Rap Back program to be retained in order to be searched against future submissions. Further, this bill allows certain qualified entities to conduct Missouri and national criminal record reviews on applicants, and participate in the Missouri and National Rap Back programs for the purpose of determining suitability or fitness for a permit, license, or employment. The Missouri Rap Back program shall include an automatic notification made by the Missouri State Highway Patrol to an entity indicating that the applicant has been arrested for a criminal offense in Missouri. The National Rap Back program shall include an automatic notification made by the Federal Bureau of Investigation through the Missouri State Highway Patrol to an entity that an applicant has been arrested for a criminal offense outside of Missouri.
HB 1355 ─ Omnibus Public Safety Bill
This bill modifies the driver’s guide and driver instruction curriculum to include instruction/language related to the interaction with law enforcement officers.
In addition, the bill:
ü includes language that allows law enforcement agencies responding to assist another agency to have the same powers of arrest as the requesting entity.
ü provides the first $1 million in Water Patrol Fund to go to general revenue and every dollar after to go in the Water Patrol Fund through the current fee system. (Provision takes effect January 1, 2019.)
ü authorizes retired law enforcement officers to assist when a disaster or emergency is declared by the governor.
ü changes peer counseling language related to confidentiality.
ü modifies the provisions related to the submission, testing, and tracking of sexual assault kits.
HB 1461 ─ ADDRESS CONFIDENTIALITY PROGRAM
This bill expands the current program to include victims of any crime who fear for their safety. The bill authorizes victims to use a designated official address in lieu of a personal address for their protection and applies to other individuals living with the victim. The bill specifies that if a parent is participating in the Address Confidentiality Program, a court order releasing information on a minor child in a custody case shall not release the program parent’s address.
HB 1558 ─ PRIVATE SEXUAL IMAGES
This bill creates the offense of nonconsensual dissemination of private sexual images (Section 573.110 RSMo.), which is a class D felony. A person commits such offense when he or she: intentionally disseminates an image of another person [age 18 and older] fitting criteria specified in the bill; obtains the image under circumstances in which a reasonable person would know or understand that the image was to remain private; and knows or should have known that the person in the image has not consented to the dissemination. The bill also creates the offense of threatening the nonconsensual dissemination of private sexual images (Section 573.112 RSMo.), which is a class E felony. A person commits the offense of threatening the nonconsensual dissemination of private sexual images if he or she gains or attempts to gain anything of value, or coerces or attempts to coerce another person to act or refrain from acting, by threatening to disseminate an image of another person. (This bill went into effect June 1, 2018.)
SCS HCS HB 1635 ─ SEXUAL ASSAULT REPORTING (Section 198.070 RSMo.)
This bill modifies provisions relating to the reporting of suspected abuse and neglect of a resident of a long-term care facility who is 60 years of age or older or an eligible adult. The bill requires: In the event of suspected sexual assault of the resident, in addition to the report to be made to the Department of Health and Senior Services, a report shall be made to the appropriate local law enforcement agency in accordance with federal law under the provisions of 42 U.S.C. 20 1320b-25.
HB 1832 ─ MERCHANDISING PRACTICES
SAFEKEEPING OF PERSONAL INFORMATION
A person who owns or licenses personal information of residents of Missouri is required to inform an affected consumer that there has been a breach of security following discovery or notification of the breach within 30 days of the discovery or notification (Section 407.315 RSMo.).
In addition, this bill covered scrap metal purchase (Section 407.300 RSMo.), the sale of Native American arts (Section 407.315 RSMo.), and the credit user protection law (Sections 407.431,407.432, 407.433, and 407.436 RSMo.).
HB 2116 ─ MOTORBOAT REGULATIONS
The operator of a watercraft that is in violation of the requirements that the watercraft be equipped with a personal flotation device for each person on board shall be guilty of an infraction and fined not more than $25. The owner of any watercraft in violation of the slow-no-wake provisions shall be guilty of an infraction and fined not more than $25.
The Department of Public Safety shall promulgate rules for no wake coves for class three vessels in specified areas. This bill exempts vessels propelled by outboard jet motors or propellers and operating on non-impounded waterways from the passenger seating, guard, and rail provisions (Section 306.126 RSMo.).
SB 655 ─ SEX OFFENDERS
This bill instructs the Patrol to maintain a web page on the Internet which is open to the public and includes a registered sex offender search capability. This requirement is subject to appropriation. (Section 43.650 RSMo.)
The bill created the following tier system (Section 589.414 RSMo.) for sex offenders to define the duration of time a sex offender appears on Missouri’s Sex Offender Registry before being eligible to request removal from the registry:
§ 15 years if the offender is a TIER I sex offender.
§ 25 years if the offender is a TIER II sex offender.
§ The life of the offender if the offender is a TIER III sex offender.
SB 707 ─ DEALER PLATES
This bill increases, from $25,000 to $50,000, the bond required for licensure as a motor vehicle dealer. It also increases the number of vehicle sales required (from six to eight) as evidence a person is engaged in the motor vehicle business and eligible for licensure or renewal. This act specifies that motor vehicle dealers shall receive one plate and may receive a second upon application for a license, and may obtain additional plates beginning at 15 vehicle sales. When a motor vehicle dealership is sold, the new owner can be issued a new dealer’s license number and an equal number of plates or certificates as the selling dealer had been issued.
SB 708 ─ MINIMUM LIMITS OF FINANCIAL RESPONSIBILITY
This act increases, from $10,000 to $25,000, the minimum motor vehicle liability coverage a person must carry for others’ property when operating a motor vehicle under the Motor Vehicle Financial Responsibility Law.
This act increases, from sixty thousand dollars to seventy-five thousand dollars, the total amount required to be deposited with the state to receive a certificate of financial responsibility from the State Treasurer. (Effective date of July 1, 2019.)
SB 793 ─ SEX TRAFFICKING
This act provides that being under the age of 18 and acting under the coercion of an agent is an affirmative defense to the prosecution of the offense of prostitution. This act raises the offense of patronizing prostitution from a class A misdemeanor to a class E felony when the individual who the offender patronizes is less than 18, but more than 14 years of age, and from a class E felony to a class D felony when the individual who the offender patronizes is 14 years of age or younger. Any person convicted of patronizing a prostitute, when the person patronized is under the age of 18, shall register as a sex offender.
The penalty for promoting prostitution in the first degree of a person under the age of 16 is a class B felony punishable by a term of imprisonment no less than 10 years. The bill raises the penalty for promoting prostitution of a person of age 16 or age 17 to the offense of second-degree prostitution, a class D felony.
Creates a process to expunge the criminal records of persons who have pled guilty to, or been convicted of, the offense of prostitution while under the coercion of an agent.
SB 819 ─ FOSTER CARE
Senate Bill 819 modifies provisions of the law regarding foster care case management and criminal background checks.
FOSTER CARE BACKGROUND CHECKS (Section 210.487 RSMo.)
This act modifies the current law regarding background checks for persons in an applicant foster parent’s home prior to licensing. The Division shall obtain fingerprints from specified individuals in the applicant’s household and the Highway Patrol shall assist the Division in providing a criminal fingerprint background check in compliance with existing state law. After the initial background check has been completed, the Highway Patrol shall provide ongoing electronic updates to the background check. These ongoing checks shall end when the applicant ceases to be a licensed foster parent.
SB 826 RSMO. ─ PRESCRIBING OPIOIDS
Modifies provisions related to prescription drug disposal and imposes prescription limitations on opioids.
LIMITATIONS ON PRESCRIBING OPIOIDS (Sections 195.010 and 195.080 RSMo.)
This act limits certain initial prescriptions of opioid controlled substances to no more than a seven-day supply for the treatment of acute pain. No pharmacy or pharmacist shall be liable or subject to disciplinary action for dispensing or refusing to dispense medication in good faith pursuant to an otherwise valid prescription that exceeds these prescribing limits.
DISPOSAL OF UNUSED CONTROLLED SUBSTANCES (Sections 195.070 and 195.265 RSMo.)
Under this act, a Drug Enforcement Agency-authorized collector, in accordance with federal regulations, may accept unused controlled substances from ultimate consumers, even if the authorized collector did not originally dispense the drug. This provision shall supersede and preempt any local drug disposal ordinance or regulation.
This bill went into effect July 9, 2018.
SB 881 ─ Transportation Bill
REGISTRATION OF AUTOCYCLES (Sections 301.010, 301.020, 301.055, 301.130, 301.350, and 304.005 RSMo.)
Creates a registration framework specific to autocycles, as defined in the act, and adds straddle-type seating and handlebar-based controls to the definition of motor-tricycle. The act specifies that autocycles registered as motorcycles or motor-tricycles prior to August 20, 2018, shall remain in effect until their expiration, after which time the vehicles must be registered as autocycles. The act removes the statewide requirement for autocycles to be equipped with a roof in order for passengers to not be required to wear protective headgear.
MOTORCYCLE AND MOTORTRICYCLE REGISTRATIONS (Section 301.030 RSMo.)
This act specifies that motorcycle and motor-tricycle registrations shall expire on June 30.
DISABLED VETERAN LICENSE PLATES (Sections 301.074 and 301.075 RSMo.)
Currently, a person eligible to receive disabled veteran license plates may receive one set of the plates and shall not be charged a fee to receive them. This act provides that a person may license a second or subsequent motor vehicle for disabled veteran plates, subject to the regular registration and personalized license plate fees.
TEMPORARY VEHICLE REGISTRATION PERMITS (Section 301.140 RSMo.)
The act requires temporary vehicle registration permits to be returned to and destroyed by, the Department of Revenue upon issuance of the standard registration plates. No fine is associated with this requirement.
The act also exempts temporary vehicle registration permits for commercial vehicles registered in excess of 24,000 pounds.
DISABLED LICENSE PLATES AND WINDSHIELD PLACARDS (Section 301.142 RSMo.) This act requires individuals and entities that have obtained disabled license plates or windshield placards to return the plates or windshield placards to the Department of Revenue within 30 days of becoming ineligible to receive them. No fine is associated with this requirement. The act extends, from four years to eight years, the frequency with which persons must provide proof of disability in order to retain disabled person license plates or windshield placards.
CONGRESSIONAL MEDAL OF HONOR LICENSE PLATES (Section 301.145 RSMo.)
There shall be no fee charged for Congressional Medal of Honor license plates in addition to regular registration fees.
DOCUMENT RETENTION FOR DRIVER’S LICENSE APPLICANTS (Section 302.170 RSMo.)
This act specifies that the Department of Revenue may retain documents submitted by CDL applicants who are Missouri residents and active duty military or veterans which allow for waiver of the CDL knowledge test or skills test.
MOTORCYCLE RIDER TRAINING COURSES (Section 302.173 RSMo.)
Currently, completion of a civilian or military motorcycle rider training course qualifies a license applicant for a waiver of the driving test requirement. This act expands the waiver to include the practical knowledge test.
TRANSPORTATION OF CRANES (Section 304.180 RSMo.) This act provides that the Highways and Transportation Commission shall issue single-use special permits for or upon request of the equipment owner annual permits for the transportation of cranes.
COMMERCIAL VEHICLE SAFETY INSPECTIONS (Section 304.232 RSMo.)
This act specifies that roadside safety inspections shall not be performed on the shoulder of any highway with a posted speed limit in excess of 40 mph. However, safety inspections may be permitted on the shoulder at any entrance or exit of such a highway where there is adequate space on the shoulder to safely perform the inspection. The provision only applies to CVE inspections conducted roadside. If a PC stop turns into an inspection, they will need to be escorted away from the roadway (speed limit above 40 mph).
DISPLAY OF FIXED, FLASHING, OR ROTATING LIGHTS (Section 307.175 RSMo.) Currently, vehicles owned by a utility or by an entity performing work for the Department of Transportation may display fixed, flashing, or rotating lights under certain circumstances. This act specifies that both vehicles and equipment may display the lights, whether owned or leased. This act specifies that no more than two vehicles per work zone may display fixed, flashing, or rotating red or red and blue lights.
Authorized vehicles or equipment that are not owned or leased by the State Highways and Transportation Commission and operated by an authorized MODOT employee shall be located in a marked work zone with workers present. This act also removes the requirement that vehicles owned or leased by MODOT contractors be stationary to display the lights.
REGISTRATION OF VEHICLES PURCHASED FROM DEALERS (Section 307.350 RSMo.)
The new owner may utilize an inspection performed within 90 days prior to the application for registration or transfer.
This act allows individuals found guilty of the offense of unlawful use of a weapon by the carrying of a concealed weapon prior to January 1, 2017, to apply for an order to expunge records relating to such offense.
SB 999 & SB 1000 ─ MEMORIAL HIGHWAYS
HIGHWAY PATROL SGT. BENJAMIN BOOTH MEMORIAL HIGHWAY (Section 227.541 RSMo.) The portion of Interstate 70 from Rangeline Street continuing west to Business Loop 70 in Boone County is renamed the “Highway Patrol Sgt. Benjamin Booth Memorial Highway.”
SHERIFF ROGER I. WILSON MEMORIAL HIGHWAY (Section 227.542 RSMo.)
The portion of Interstate 70 from the eastern edge of the intersection of U.S. Highway 63 and Interstate 70 continuing west to Rangeline Street in Boone County is renamed the “Sheriff Roger I. Wilson Memorial Highway.”