Read the full stored bill text
SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 1872
103RD GENERAL ASSEMBL Y
4717H.05C JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 217.692, RSMo, and to enact in lieu thereof six new sections relating to
sentence departures due to domestic abuse, with penalty provisions and a delayed
ef fective date.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 217.692, RSMo, is repealed and six new sections enacted in lieu
2 thereof, to be known as sections 217.692, 557.600, 557.602, 557.604, 557.606, and 557.608,
3 to read as follows:
217.692. 1. Notwithstanding any other provision of law to the contrary , any of fender
2 incarcerated in a correctional institution serving any sentence [ of life with no parole for fifty
3 years or life without parole, whose plea of guilt was entered or whose trial commenced prior
4 to December 31, 1990, ] and who:
5 (1) Pleaded guilty to or was found guilty of [ a homicide of a spouse or domestic
6 partner ] an offense stemming direc tly fro m the offender's history of abuse by a spouse,
7 domestic partner , intimate partner , household member , or sexual or labor trafficker
8 including, but not limited to, homicide of such abuser ;
9 (2) Has no prior violent felony convictions;
10 (3) No longer has a cognizable legal claim or legal recourse; and
11 (4) Has a history of being a victim of continual and substantial physical ,
12 psychological, or sexual domestic violence [ that was not presented as an af firmative defense
13 at trial or sentencing ] or sexual or labor trafficking within five years prior to or on the
14 date of the offense for which he or she was convicted and such violence or trafficking
15 was a contributing factor to the behavior underlying his or her criminal conviction and
16 such history can be corroborated with evidence of facts or circumstances which existed at the
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.
17 time of the alleged physical , psychological, or sexual domestic violence or sexual or labor
18 trafficking of the of fender , including but not limited to witness statements, hospital records,
19 social services records, and law enforcement records;
20
21 shall be eligible for parole after having served [ fifteen years ] the lesser of five years or one-
22 third of such sentence when the parole board determines by using the guidelines established
23 by this section that there is a strong and reasonable probability that the person will not
24 thereafter violate the law .
25 2. The parole board shall give a thorough review of the case history and prison record
26 of any of fender described in subsection 1 of this section. At the end of the parole board's
27 review , the parole board shall provide the of fender with a copy of a statement of reasons for
28 its parole decision. If the parol e board denies paro le, the offender may reap ply for board
29 r eview under this section once every two years.
30 3. Any of fender released under the provisions of this section shall be under the
31 supervision of the division of probation and parole for an amount of time to be determined by
32 the parole board.
33 4. The parole board shall consider , but not be limited to the following criteria when
34 making its parole decision:
35 (1) Length of time served;
36 (2) Prison record and self-rehabilitation effor ts;
37 (3) Whether the history of the case included corroborative material of physical,
38 sexual, [ mental, ] or [ emotional ] psychological abuse or sexual or labor trafficking of the
39 of fender , including but not limited to witness statements, hospital records, social service
40 records, and law enforcement records;
41 (4) [If an of fer of a plea bar gain was made and if so, why the of fender rejected or
42 accepted the of fer;
43 (5) ] Any victim information outlined in subsection 10 of section 217.690 and section
44 595.209;
45 [ (6) The of fender's continued claim of innocence;
46 (7) ] (5) The age and maturity of the of fender at the time of the parole board's
47 decision;
48 [ (8) ] (6) The age and maturity of the of fender at the time of the crime and any
49 contributing influence af fecting the of fender's judgment;
50 [ (9) ] (7) The presence of a workable parole plan; and
51 [ (10) ] (8) Community and family support.
52 5. It shall not be consider ed a negative factor for determining par ole eligibility if
53 an offender was unable to participate in tr eatment or other progr amming while
HCS HB 1872 2
54 incar cerated despite the willingness of the offender to participate in such tr eatment or
55 pr ogramming.
56 6. Nothing in this section shall limit the review of any of fender's case who is eligible
57 for parole prior to [ fifteen ] five years, nor shall it limit in any way the parole board's power to
58 grant parole prior to [ fifteen ] five years.
59 [ 6. ] 7. Nothing in this section shall limit the review of any of fender's case who has
60 applied for executive clemency , nor shall it limit in any way the governor's power to grant
61 clemency .
62 [ 7. ] 8. It shall be the responsibility of the of fender to petition the parole board for a
63 hearing under this section. Ther e shall be a presum ption in favor of granting a hearing on
64 a petition filed under this section. A hearing for an offender described in subsection 1 of
65 this section shall be denied only if the parol e board determines that ther e is an inher ent
66 lack of rel iability of the facts asserted in the petition or a deficiency in the factual
67 allegations in the petition. If the par ole board determines that the offender is not
68 entitled to a hearing, the board shall provi de written findings of fact outlining the
69 r easons for such decision.
70 [ 8. A person commits the crime of perjury if he or she, with the purpose to deceive,
71 knowingly makes a false witness statement to the parole board. Perjury under this section
72 shall be a class D felony . ]
73 9. In cases where witness statements alleging physical , psychological, or sexual
74 domestic violence or sexual or labor trafficking are in conflict as to whether such violence
75 occurred or was continual and substantial in nature, the history of such alleged violence shall
76 be established by other corroborative evidence in addition to witness statements, as provided
77 by subsection 1 of this section. A contradictory statement of the victim shall not be deemed a
78 conflicting statement for purposes of this section.
557.600. Sections 557.600 to 557.608 shall be known and may be cited as the
2 "Missouri Survivors' Act".
557.602. As used in sections 557.600 to 557.608, the following terms mean:
2 (1) "Coer cion", any scheme, plan, or pattern intended to cause a person to
3 believe that failure to perform an act would res ult in physical or psychological harm to
4 that person, or any of that person's family or household;
5 (2) "Domestic abuse", any act of physical harm or the thr eat of imminent
6 physical harm that is committed by an adult, emancipated minor , or minor child sixteen
7 years of age or older against another adult, emancipated minor , or minor child who is
8 curr ently or was prev iously an intimate partner or family or household member;
HCS HB 1872 3
9 (3) "Intimate partner", a spouse or former spouse, person with a continuing
10 social re lationship of a r omantic or intimate natur e, person with a child in common, or
11 curr ent or former cohabitating partner;
12 (4) "Physical abuse", any rea l or thr eatened physical injury or damage to the
13 body that is not accidental;
14 (5) "Posttraumatic stre ss disorder", the same as such term is defined in the
15 Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5, 2013),
16 and occurr ed as a re sult of the victimization of a survivor of domestic abuse;
17 (6) "Psychological abuse", a pattern of real or thr eatened mental intimidation,
18 thr eats, coer cive contr ol, economic-financial control, or humiliation that is intended to
19 pr ovoke fear of harm;
20 (7) "Sentencing hearing", a postconviction hearing in which a defendant is
21 br ought before the court for imposition of a sentence.
557.604. 1. During a hearing to:
2 (1) Sentence a person; or
3 (2) Accept a plea of guilty for a person
4
5 who is a survivor of domestic abuse and who has been charged with an offense, the trier
6 shall consider as a mitigating factor that the person has been abused physically , sexually ,
7 or psychologically or coerced by the person's intimate partner or family or household
8 member , the trafficker of the person, or other individual who used the person for
9 financial gain. If the trier is a jury , the jury shall be instructed on the law .
10 2. The defendant shall pr ovide to the court evidence including, but not limited
11 to:
12 (1) Documentary evidence corro borating that the defendant was a survivor of
13 domestic abuse, or subjected to physical, sexual, or psychological abuse, including
14 evidence to show prior misconduct toward the defendant by the defendant's intimate
15 partner or family or household member , the trafficker of the defendant, or a person who
16 used the defendant for financial gain if logically r elevant to show motive, intent, absence
17 of mistake or accident, or otherwise establish a pattern of abuse or coer cion. If the
18 conviction is for an offense under chapter 565, the evidence shall show that the victim of
19 the instant offense was the perpetrator of physical, sexual, or psychological abuse
20 against the defendant and was an intimate partner , a family or household member , the
21 trafficker of the defendant, or a person who used the defendant for financial gain, or
22 that the offense was coer ced by the perpetrator of physical, sexual, or psychological
23 abuse against the defendant and the perpetrator was an intimate partner , a family or
HCS HB 1872 4
24 household member , the trafficker of the defendant, or a person who used the defendant
25 for financial gain; and
26 (2) At least one piece of documentary evidence that is a court reco rd,
27 pr esentence rep ort, social services r ecord, hospital record , sworn statement fr om a
28 witness to the domestic abuse who is not the defendant, present sense impr ession of the
29 defendant, law enfor cement record , domestic incident report, or order of protect ion.
30
31 Other evidence may include, but not be limited to, local jail rec ords or r ecords of the
32 department of correct ions, documentation pr epar ed at or near the time of the
33 commission of the offense or the pr osecution ther eof tending to support the claims of the
34 defendant, or verification of consultation with a licensed medical care pr ovider or
35 mental health care pro vider , employee of a court acting within the scope of his or her
36 employment, member of the clergy , attorney , social worker , or rape crisis counselor , or
37 other advocate acting on behalf of an agency that assists victims of domestic abuse.
38 Expert testimony fro m a psychiatrist, psychologist, or mental health pr ofessional
39 showing that the defendant has been diagnosed with posttraumatic stres s disorder may
40 also be submitted to the court as evidence.
41 3. If the trier finds by a pr eponderance of the evidence that the defendant is a
42 survivor of domestic abuse, or was subjected to physical, sexual, or psychological abuse
43 or coer cion and that such abuse or coer cion was a substantial contributing factor to the
44 defendant's criminal liability , the trier shall depart fr om the applicable sentence to the
45 ranges pr ovided as follows:
46 (1) Class A felonies shall be sentenced as class B felonies;
47 (2) Class B felonies shall be sentenced as class C felonies;
48 (3) Class C felonies shall be sentenced as class D felonies;
49 (4) Class D felonies shall be sentenced as class E felonies;
50 (5) Class E felonies shall be sentenced as class A misdemeanors.
557.606. 1. If a court has imposed a criminal judgment and sentence upon a
2 defendant other than for an offense that would requi re such defendant to r egister as a
3 sexual offender under sections 589.400 to 589.425, an attempt or conspiracy to commit
4 any such offense, or any offense for which the defendant has been sentenced to death
5 and the defendant is serving the sentence in the custody of the department of
6 corr ections, the court shall impose a new , lesser sentence upon a determination
7 following a hearing in accordance with section 557.608 that:
8 (1) At the time of the offense for which the sentence is being served, the
9 defendant was a victim of domestic abuse or subjected to physical, sexual, or
10 psychological abuse or coer cion inflicted by a member of the same family or household
HCS HB 1872 5
11 as the defendant, an intimate partner of the defendant, the trafficker of the defendant,
12 or other individual who used the defendant for financial gain; and
13 (2) Such abuse was a significant contributing factor to the offense for which the
14 defendant is present ly in custody or to the criminal behavior of the defendant.
15 2. At the hearing to determine whether the defendant should be r esentenced
16 under this section, the court shall consider oral and written arguments, take testimony
17 fr om witnesses offer ed by either party , and consider all releva nt evidence to assist in
18 making its determination. The court may determine that such abuse constitutes a
19 significant contributing factor to the crime regar dless of whether the defendant raised
20 an affirmative defense.
557.608. 1. Any person who is:
2 (1) Confined in an institution under the custody and control of the department of
3 corr ections;
4 (2) Serving a sentence for a class A, B, C, D, or E felony for an offense committed
5 prior to August 28, 2026; and
6 (3) Eligible for an alternative sentence under the prov isions of section 557.604,
7
8 may , on or after August 28, 2026, submit to the judge who imposed the original sentence
9 a req uest to apply for res entencing in accordance with the pr ovisions of section 557.604.
10 Such person shall include in the requ est documentation showing that he or she is
11 confined in an institution under the custody and control of the department of
12 corr ections and is serving a sentence for a class A, B, C, D, or E felony for an offense
13 committed prior to August 28, 2026. The person shall also declar e that he or she is
14 eligible for an alternative sentence under the pr ovisions of section 557.604.
15 2. At the time of the reque st to apply for r esentencing, if the original sentencing
16 judge is a judge of a court of competent jurisdiction but such court is not the court in
17 which the original sentence was imposed, the req uest shall be randomly assigned to
18 another judge of the court in which the original sentence was imposed. If the original
19 sentencing judge is no longer a judge of a court of competent jurisdiction, the req uest
20 shall be randomly assigned to another judge of the appr opriate court.
21 3. (1) If the court finds that such person has met the requi rem ents to apply for
22 r esentencing as prov ided in subsection 1 of this section, the court shall pr ovide notice to
23 the person that he or she may submit an application for r esentencing. Upon such
24 notification, the person may req uest that the court appoint an attorney as pr ovided
25 under chapter 600 to assist the person in the pr eparation of and pro ceedings on the
26 application for res entencing.
HCS HB 1872 6
27 (2) If the court finds that such person has not met the requ irem ents to apply for
28 r esentencing as pr ovided for in subsection 1 of this section, the court shall notify the
29 person and dismiss his or her r equest without pr ejudice.
30 4. Upon the receipt of an application for res entencing, the court clerk shall
31 pr omptly notify the appr opriate prosecuting attorney and pr ovide such pr osecuting
32 attorney with a copy of the application.
33 5. If the judge who receiv ed the application is not the judge who originally
34 sentenced the applicant, the application may be re ferred to the original sentencing judge
35 pr ovided that he or she is a judge of a court of competent jurisdiction and the applicant
36 and the pr osecuting attorney agree that the application should be ref erred .
37 6. An application for res entencing under this section shall include evidence
38 corr oborating the claim of the applicant that he or she was a victim of domestic abuse or
39 subjected to substantial physical, sexual, or psychological abuse inflicted by a member
40 of the same family or household as the applicant, an intimate partner who was in a
41 r elationship with the applicant, the trafficker of the applicant, or other individual who
42 used the applicant for financial gain. At least one piece of evidence shall be a court
43 r ecord, pr esentence rep ort, social services record, hospital rec ord, sworn statement
44 fr om a witness to the domestic abuse or coerci on who is not the applicant, present sense
45 impr ession of the applicant, law enfor cement record , domestic incident re port, or order
46 of pr otection. Other evidence may include, but not be limited to, local jail r ecords or
47 r ecords of the department of corr ections, documentation prepa red at or near the time of
48 the commission of the offense or the pro secution ther eof or documents in the possession
49 or contr ol of a prosecu ting office tending to support the claims of the applicant, or
50 verification of consultation with a licensed medical care provi der or mental health car e
51 pr ovider , employee of a court acting within the scope of his or her employment, member
52 of the clergy , attorney , social worker , or rape crisis counselor , or other advocate acting
53 on behalf of an agency that assists victims of domestic abuse. Expert testimony fr om a
54 psychiatrist, psychologist, or mental health pr ofessional showing that the applicant has
55 been diagnosed with posttraumatic str ess disorder may also be submitted to the court as
56 evidence.
57 7. (1) If the court finds that the applicant has not complied with the pr ovisions
58 of subsection 6 of this section, the court shall dismiss the application without prej udice.
59 (2) If the court finds that the applicant has complied with the pr ovisions of
60 subsection 6 of this section, the court shall conduct a hearing to aid in making its
61 determination of whether the applicant should be res entenced in accordance with
62 section 557.604. At the hearing, the court shall determine any contro verted issues of fact
63 r elevant to the issue of sentencing. The court may consider any facts or cir cumstances
HCS HB 1872 7
64 r elevant to the imposition of a new sentence submitted by the applicant or the
65 pr osecuting attorney and may consider the institutional rec ord of confinement of such
66 person; pr ovided, however , the institutional recor d shall not be solely dispositive as to
67 whether an applicant recei ves a r educed sentence. The court shall not order a new
68 pr esentence investigation and report or entertain any matter challenging the underlying
69 basis of the subject conviction. Consideration of the institutional r ecord of confinement
70 of an applicant by the court shall include, but not be limited to, the participation or
71 willingness of the applicant to participate in prog ramming such as domestic abuse,
72 par enting, and substance abuse tr eatment while incar cerated and the disciplinary
73 history of the applicant. The fact that the applicant may have been unable to participate
74 in trea tment or other prog ramming while incar cerated despite the willingness of the
75 applicant to do so shall not be consider ed a negative factor when the court is making its
76 determination.
77 8. If the court determines that the applicant should not be r esentenced in
78 accordance with section 557.604, the court shall inform such applicant of its decision
79 and shall enter an order to that effect. Any order issued by a court under this
80 subsection shall include written findings of fact and the r easons for such order .
81 9. If the court determines that the applicant should be rese ntenced in accordance
82 with section 557.604, the court shall notify the applicant that, unless he or she withdraws
83 the application for res entencing or appeals the order of the court, the court shall enter
84 an order vacating the sentence originally imposed and shall impose a new , lesser
85 sentence, upon a determination following a hearing, as authorized by section 557.604.
86 Any order issued by a court under this section shall include written findings of fact and
87 the r easons for such order . Sentences modified under the pr ovisions of this section shall
88 be r educed in the following manner:
89 (1) Sentences for class A felonies shall be res entenced as class B felonies;
90 (2) Sentences for class B felonies shall be r esentenced as class C felonies;
91 (3) Sentences for class C felonies shall be res entenced as class D felonies;
92 (4) Sentences for class D felonies shall be res entenced as class E felonies;
93 (5) Sentences for class E felonies shall be rese ntenced within the class A
94 misdemeanor range.
95 10. An appeal to the court of appeals may be taken as of right in accordance with
96 the applicable pr ovisions provi ded for by law fro m:
97 (1) An order denying r esentencing; or
98 (2) A new sentence imposed under the pro visions of this section.
99
HCS HB 1872 8
100 The applicant may r equest that the court of appeals appoint an attorney as pr ovided
101 under chapter 600 to the applicant for the prepa ration of and pr oceedings for any
102 appeal reg arding the application for res entencing.
103 1 1. When calculating the new sentence to be served by the applicant under
104 section 557.604, such applicant shall be cr edited for any time served in the county jail
105 and any period of incar ceration served under the custody and contr ol of the department
106 of correct ions toward the sentence originally imposed.
Section B. The enactment of sections 557.600 to 557.608 of this act shall become
2 ef fective on November 1, 2026.
✔
HCS HB 1872 9