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SECOND REGULAR SESSION
HOUSE BILL NO. 1682
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE WHALEY .
4384H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 541.033, 562.071, 563.026, and 565.002, RSMo, and to enact in lieu
thereof five new sections relating to equal protection, with a referendum clause.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 541.033, 562.071, 563.026, and 565.002, RSMo, are repealed
2 and five new sections enacted in lieu thereof, to be known as sections 1.207, 541.033,
3 562.071, 563.026, and 565.002, to read as follows:
1.207. 1. This section shall be known and may be cited as the "Missouri Pr enatal
2 Equal Pr otection Act".
3 2. Acknowledging the sanctity of innocent human life, crea ted in the image of
4 God, it is the intent of the general assembly:
5 (1) T o acknowledge the sanctity of innocent human life, creat ed in the image of
6 God, which should be equally pr otected fr om the beginning of biological development to
7 natural death;
8 (2) T o acknowledge the Constitution of the United States as overriding anything
9 in the constitution of this state contrary to it, as it pro vides, "This Constitution, and the
10 Laws of the United States which shall be made in Pursuance ther eof...shall be the
11 supr eme Law of the Land; and the Judges in every State shall be bound ther eby , any
12 Thing in the Constitution or Laws of any State to the Contrary notwithstanding.";
13 (3) T o follow the Constitution of the United States, which req uire s that "[n]o
14 state...shall deny to any person within its jurisdiction the equal protecti on of the laws";
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
15 (4) T o fulfill that constitutional req uirement by protect ing the lives of preb orn
16 persons with the same criminal and civil laws pr otecting the lives of born persons by
17 r epealing provi sions that permit willful pr enatal homicide or assault;
18 (5) T o protect pregn ant mothers fr om being pre ssured to abort by r epealing
19 pr ovisions that may otherwise allow a person to solicit, aid, or dir ect a mother to abort
20 her child;
21 (6) T o ensure that all persons potentially subject to such laws are entitled to due
22 pr ocess pr otections; and
23 (7) T o abolish abortion in this state.
24 3. Unless specifically pr ovided otherwise, enfor cement is subject to the same
25 pr esumptions, defenses, justifications, laws of parties, immunities, and clemencies as
26 would apply where the victim is a person who had been born alive.
541.033. 1. Persons accused of committing of fenses against the laws of this state,
2 except as may be otherwise provided by law , shall be prosecuted:
3 (1) In the county in which the of fense is committed; or
4 (2) If the of fense is committed partly in one county and partly in another , or if the
5 elements of the crime occur in more than one county , then in any of the counties where any
6 element of the of fense occurred.
7 2. Persons accused of committing the of fenses of identity theft against the laws of this
8 state in sections 570.223, 570.224, and 575.120 shall be prosecuted:
9 (1) In the county in which the of fense is committed;
10 (2) If the of fense is committed partly in one county and partly in another , or if the
11 elements of the of fense occur in more than one county , then in any of the counties where any
12 element of the of fense occurred;
13 (3) In the county in which the victim resides; or
14 (4) In the county in which the property obtained or attempted to be obtained was
15 located.
16 3. Persons accused of committing an offense against the laws of this state under
17 chapter 565 wher e the victim is an unborn child shall be pr osecuted:
18 (1) In the county in which the offense is committed;
19 (2) If the offense is committed partly in one county and partly in another , or if
20 the elements of the offense occur in mor e than one county , then in any of the counties
21 wher e any element of the offense occurr ed;
22 (3) In the county in which the accused res ides;
23 (4) In the county in which the victim res ides; or
24 (5) In the county in which the accused is appr ehended.
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562.071. 1. It is an af firmative defense that the defendant engaged in the conduct
2 char ged to constitute an of fense because he or she was coerced to do so, by the use of, or
3 threatened imminent use of, unlawful physical force upon him or her or a third person, which
4 force or threatened force a person of reasonable firmness in his situation would have been
5 unable to resist.
6 2. The defense of "duress" as defined in subsection 1 is not available:
7 (1) As to the [ crime ] offense of murder , except where the victim is an unborn child
8 and the defendant is the child's mother ;
9 (2) As to any offense when the defendant recklessly places himself or herself in a
10 situation in which it is probable that he or she will be subjected to the force or threatened
11 force described in subsection 1 of this section.
563.026. 1. Unless inconsistent with other provisions of this chapter defining
2 justifiable use of physical force, or with some other provision of law , conduct which would
3 otherwise constitute any of fense other than a class A felony or murder is justifiable and not
4 criminal when it is necessary as an emer gency measure to avoid an imminent public or private
5 injury which is about to occur by reason of a situation occasioned or developed through no
6 fault of the actor , and which is of such gravity that, according to ordinary standards of
7 intelligence and morality , the desirability of avoiding the injury outweighs the desirability of
8 avoiding the injury sought to be prevented by the statute defining the of fense char ged.
9 2. The necessity and justifiability of conduct under subsection 1 of this section may
10 not rest upon considerations pertaining only to the morality and advisability of the statute,
11 either in its general application or with respect to its application to a particular class of cases
12 arising thereunder . Whenever evidence relating to the defense of justification under this
13 section is of fered, the court shall rule as a matter of law whether the claimed facts and
14 circumstances would, if established, constitute a justification.
15 3. Conduct which would otherwise constitute an offense is justifiable and not
16 criminal when it is a lawful medical pr ocedur e:
17 (1) Performed by a licensed physician;
18 (2) Performed on a pregn ant female to avert the death of the pr egnant female;
19 (3) That res ults in the accidental or unintentional death of the unborn child the
20 pr egnant female is carrying; and
21 (4) Performed when all re asonable alternatives to save the life of the unborn
22 child:
23 (a) Are unavailable; or
24 (b) W er e attempted unsuccessfully before the performance of the medical
25 pr ocedur e.
26 4. The defense of justification under this section is an affir mative defense.
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565.002. As used in this chapter , unless a dif ferent meaning is otherwise plainly
2 required the following terms mean:
3 (1) "Adequate cause", cause that would reasonably produce a degree of passion in a
4 person of ordinary temperament suf ficient to substantially impair an ordinary person's
5 capacity for self-control;
6 (2) "Child", a person under seventeen years of age;
7 (3) "Conduct", includes any act or omission;
8 (4) "Course of conduct", a pattern of conduct composed of two or more acts, which
9 may include communication by any means, over a period of time, however short, evidencing
10 a continuity of purpose. Constitutionally protected activity is not included within the
11 meaning of course of conduct. Such constitutionally protected activity includes picketing or
12 other or ganized protests;
13 (5) "Deliberation", cool reflection for any length of time no matter how brief;
14 (6) "Domestic victim", a household or family member as the term "family" or
15 "household member" is defined in section 455.010, including any child who is a member of
16 the household or family;
17 (7) "Emotional distress", something markedly greater than the level of uneasiness,
18 nervousness, unhappiness, or the like which are commonly experienced in day-to-day living;
19 (8) "Full or partial nudity", the showing of all or any part of the human genitals, pubic
20 area, buttock, or any part of the nipple of the breast of any female person, with less than a
21 fully opaque covering;
22 (9) "Legal custody", the right to the care, custody and control of a child;
23 (10) "Parent", either a biological parent or a parent by adoption;
24 (1 1) "Person", includes a human being, including an unborn child at every stage
25 of development fr om the moment of fertilization until birth;
26 (12) "Person having a right of custody", a parent or legal guardian of the child;
27 [ (12) ] (13) "Photographs" or "films", the making of any photograph, motion picture
28 film, videotape, or any other recording or transmission of the image of a person;
29 [ (13) ] (14) "Place where a person would have a reasonable expectation of privacy",
30 any place where a reasonable person would believe that a person could disrobe in privacy ,
31 without being concerned that the person's undressing was being viewed, photographed or
32 filmed by another;
33 [ (14) ] (15) "Special victim", any of the following:
34 (a) A law enforcement of ficer assaulted in the performance of his or her of ficial
35 duties or as a direct result of such official duties;
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36 (b) Emer gency personnel, any paid or volunteer firefighter , emer gency room,
37 hospital, or trauma center personnel, or emer gency medical technician, assaulted in the
38 performance of his or her of ficial duties or as a direct result of such of ficial duties;
39 (c) A probation and parole of ficer assaulted in the performance of his or her of ficial
40 duties or as a direct result of such official duties;
41 (d) An elderly person;
42 (e) A person with a disability;
43 (f) A vulnerable person;
44 (g) Any jailer or corrections of ficer of the state or one of its political subdivisions
45 assaulted in the performance of his or her of ficial duties or as a direct result of such of ficial
46 duties;
47 (h) A highway worker in a construction or work zone as the terms "highway worker",
48 "construction zone", and "work zone" are defined under section 304.580;
49 (i) Any utility worker , meaning any employee of a utility that provides gas, heat,
50 electricity , water , steam, telecommunications services, or sewer services, whether privately ,
51 municipally , or cooperatively owned, while in the performance of his or her job duties,
52 including any person employed under a contract;
53 (j) Any cable worker , meaning any employee of a cable operator , as such term is
54 defined in section 67.2677, including any person employed under contract, while in the
55 performance of his or her job duties; and
56 (k) Any employee of a mass transit system, including any employee of public bus or
57 light rail companies, while in the performance of his or her job duties;
58 [ (15) ] (16) "Sudden passion", passion directly caused by and arising out of
59 provocation by the victim or another acting with the victim which passion arises at the time of
60 the of fense and is not solely the result of former provocation;
61 [ (16) ] (17) "T rier", the judge or jurors to whom issues of fact, guilt or innocence, or
62 the assessment and declaration of punishment are submitted for decision;
63 [ (17) ] (18) "V iews", the looking upon of another person, with the unaided eye or with
64 any device designed or intended to improve visual acuity , for the purpose of arousing or
65 gratifying the sexual desire of any person.
Section B. The provisions of this act apply prospectively only and not retroactively .
2 It applies only to of fenses committed, or causes of action that arise, on or after the ef fective
3 date of this act.
Section C. This act is hereby submitted to the qualified voters of this state for
2 approval or rejection at an election which is hereby ordered and which shall be held and
3 conducted on T uesday next following the first Monday in August 2027 under the applicable
4 laws and constitutional provisions of this state for the submission of referendum measures by
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5 the general assembly , and this act shall become ef fective when approved by a majority of the
6 votes cast thereon at such election and not otherwise.
✔
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