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SECOND REGULAR SESSION
HOUSE BILL NO. 1938
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE BARNES.
5344H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapters 565 and 569, RSMo, by adding thereto two new sections relating to school
or recreation athletic contest offenses, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapters 565 and 569, RSMo, are amended by adding thereto two new
2 sections, to be known as sections 565.096 and 569.154, to read as follows:
565.096. 1. This section shall be known and may be cited as the "Respect the
2 Whistle Act".
3 2. As used in this section, the following terms and phrases mean:
4 (1) "Harassment", verbal or nonverbal behavior by a person that would cause a
5 r easonable person to be placed in fear of recei ving bodily harm;
6 (2) "Recr eation athletic contest official", any r efer ee, umpir e, coach, instructor ,
7 administrator , staff person, or recr eation employee of any public or quasi-public
8 r ecreat ion pro gram;
9 (3) "School athletic contest official", any ref eree, umpire, coach, instructor ,
10 administrator , staff person, or school or school board employee of any public or private
11 elementary or secondary school.
12 3. A person commits the offense of harassment of a school or recr eation athletic
13 contest official if the harassment occurs under the following circu mstances:
14 (1) While the school or r ecreat ion athletic contest official is actively engaged in
15 the conducting, supervising, refer eeing, or officiating of a school-sanctioned
1 6 interscholastic athletic contest or a sanctioned r ecreat ion athletic contest; or
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 (2) In the immediate vicinity of a school-sanctioned interscholastic athletic
18 contest or a sanctioned r ecreat ion athletic contest and is based on the official's
19 performance in the conducting, supervising, ref ereeing , or officiating of a school-
20 sanctioned interscholastic athletic contest or a sanctioned r ecreat ion athletic contest.
21 4. A person who commits the offense of harassment of a school or recr eation
22 athletic contest official shall be fined no mor e than five hundred dollars, imprisoned for
23 no mor e than ninety days, or both.
24 5. In addition to any other penalty imposed, the court shall order the person:
25 (1) T o perform forty hours of court-appro ved community service work; and
26 (2) T o participate in a court-appr oved counseling pr ogram that may include
27 anger management, abusive behavior intervention grou ps, or any other type of
28 counseling deemed appr opriate by the court. Any costs associated with the counseling
29 pr ogram shall be paid by such person.
30 6. Participation in the community service and counseling pr ogram r equir ed
31 under subsection 5 of this section shall not be suspended.
569.154. 1. A person commits the offense of entry or r emaining on site of a
2 school or recr eation athletic contest if such person, without authority , goes into or upon
3 or r emains in or upon, or attempts to go into or upon or rem ain in or upon, any
4 immovable pr operty or other site or location that belongs to another and that is used for
5 any school or rec reat ion athletic contest, including any area in the immediate vicinity of
6 the site or location of the school or r ecreat ion athletic contest, after having been
7 forbidden to do so, either orally or in writing, by any owner , lessee, or custodian of the
8 pr operty or by any other authorized person.
9 2. A person who violates subsection 1 of this section shall be fined no mor e than
10 five hundred dollars, imprisoned for no mor e than six months, or both.
✔
HB 1938 2