Read the full stored bill text
SECOND REGULAR SESSION
HOUSE BILL NO. 2667
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE KEA THLEY .
6246H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 537, RSMo, by adding thereto one new section relating to claims for
negligence.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 537, RSMo, is amended by adding thereto one new section, to be
2 known as section 537.1660, to read as follows:
537.1660. 1. This section shall be known and may be cited as the "Eliminate
2 Criminal Pr ofiteering Act".
3 2. As used in this section, the following terms mean:
4 (1) "Negligent security", any claim against an owner or occupier , or against a
5 security contractor , based on a tort or nuisance that arises fro m an alleged failur e to
6 make or keep the premis es and its appr oaches safe and seeks to r ecover any damages;
7 (2) "Owner or occupier", any person who owns, leases, subleases, occupies,
8 operates, maintains, or manages real prop erty of any kind or any dir ector , officer ,
9 employee, or agent of such person;
10 (3) "Person", a natural person, an entity , or the government;
11 (4) "Prior occurr ences of substantially similar wro ngful conduct", a prior
12 occurr ence of conduct that is sufficiently similar in natur e and character , degr ee of
13 danger ousness, and circu mstances to the wr ongful conduct fr om which a claim of
14 negligent security arises to lead a r easonable person in the position of the owner or
15 occupier to appr ehend that such wron gful conduct is r easonably likely to occur again
16 upon the pr emises and to understand that a specific and known physical condition of the
17 pr emises has creat ed a risk of such wr ongful conduct on the premis es that is
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.
18 substantially great er than the general risk of such wro ngful conduct in the vicinity of the
19 pr emises;
20 (5) "Security contractor", any person who contracts with an owner or occupier
21 to pr ovide pr otective or security services upon any pr emises or any director , officer ,
22 employee, or agent of such person;
23 (6) "Third person", any person other than an owner or occupier or a security
24 contractor , or a person under the dir ection, control, or supervision of an owner or
25 occupier or security contractor;
26 (7) "W rong ful conduct":
27 (a) Any violation of federal or state law , including an ordinance of any political
28 subdivision of the state, that is punishable as a felony or misdemeanor , regard less of
29 whether such violation r esults in an arre st, citation, accusation, indictment, or
30 conviction; or
31 (b) Any other conduct that amounts to an intentional or willful and wanton tort.
32 3. Notwithstanding any other prov ision of law , a person who was participating
33 or engaging in wr ongful conduct, or attempting to do the same, shall not bring an action
34 for negligence or otherwise collect any damages for negligent conduct relat ing to any
35 acts, occurr ences, or other events r esulting in whole or in part fr om, or otherwise
36 r elating to, the wr ongful conduct. This subsection applies to a person's heirs, estate,
37 assigns, and other legal rep rese ntatives. The defendant shall have the burden of pr oving
38 by a pr eponderance of the evidence that a person was participating or engaging in
39 wr ongful conduct, or attempting to do the same.
40 4. (1) General damages and past and future wages shall not be awarded to a
41 person in an action for negligence arising fr om an automobile accident if such person
42 was an unauthorized alien at the time of the accident. This subsection applies to a
43 person's heirs, estate, assigns, and other legal rep res entatives. A plaintiff in an action
44 for negligence arising fr om an automobile accident who intends to seek general damages
45 or past and futur e wages shall pr ovide, with the initial disclosur e statement or as soon
46 ther eafter as is practicable, documents showing that at the time of the accident the
47 plaintiff was a citizen or lawful permanent res ident of the United States or , if not a
48 citizen or lawful permanent res ident, the plaintiff was not an unauthorized alien. It
49 shall be the plaintiff's burden to pro ve the requi rem ent under this subdivision by a
50 pr eponderance of the evidence and failur e to do so shall constitute insufficient evidence
51 as a matter of law to support an award of general damages or past and futur e wages.
52 (2) For purposes of this section, "unauthorized alien" means a person who is
53 unlawfully present in the United States according to the federal Immigration and
54 Nationality Act, 8 U.S.C. 1 101 et seq.
HB 2667 2
55 (3) This subsection shall not apply to a claim made against an uninsured or
56 underinsur ed motorist policy that names the unauthorized alien as an insure d.
57 5. (1) For the purposes of any action for negligent security , an owner or occupier
58 owes no duty to pro tect an invitee or licensee fr om any type of wr ongful conduct of a
59 third person unless the owner or occupier has actual knowledge of prior occurr ences of
60 substantially similar wro ngful conduct upon the pre mises within the pr eceding one year .
61 If an owner or occupier has such knowledge, the owner's or occupier's duty shall be to
62 take reas onable car e under the cir cumstances. There shall be a presum ption that the
63 owner or occupier took r easonable care under the cir cumstances if the owner or
64 occupier has:
65 (a) Requested the assistance of the local police and followed any instructions
66 fr om the police r elated to the same;
67 (b) Followed the guidelines of a r eputable third party rela ting to security and
68 safety measur es; or
69 (c) Hir ed a security contractor .
70 (2) Notwithstanding subdivision (1) of this subsection, for the purposes of any
71 action for negligent security , an owner or occupier owes no duty to pr otect an invitee or
72 licensee fr om the invitee's or licensee's own wro ngful conduct or the wrong ful conduct
73 of a third person if the invitee or licensee comes upon the premis es for the purpose of, or
74 in the course of, engaging in wro ngful conduct or the invitee or licensee engages in any
75 wr ongful conduct while on the premis es.
76 (3) A tr espasser shall not maintain an action for negligent security . For
77 purposes of this section, a person is pr esumed to be a tr espasser if he or she is physically
78 pr esent on the premis es of an owner or occupier outside of posted business hours or at a
79 time when the pre mises is not open to the public.
80 (4) For purposes of this section, if an owner or occupier engages a security
81 contractor , the security contractor owes the same duties that an owner or occupier
82 would owe under this subsection.
83 6. (1) If the trier of fact finds that a defendant is liable to a plaintiff in an action
84 for negligent security , the trier of fact shall make an apportionment of fault. In making
85 such an apportionment, the trier of fact shall be instructed to apportion fault among all
86 of the following that are applicable, re gardless of whether a party to the action and
87 r egardless of whether a plaintiff can legally collect any damages fr om such person:
88 (a) The plaintiff;
89 (b) An owner or occupier;
90 (c) The government or any governmental agency rela ted to a failur e to enforce
91 the law and otherwise maintain law and order;
HB 2667 3
92 (d) Any other third person whose wron gful conduct or negligence was a cause or
93 contributing factor to the event fr om which the claim of negligent security arises; and
94 (e) Any other person to whom fault otherwise should be apportioned.
95 (2) In connection with an apportionment of fault under this subsection, no party
96 shall offer evidence, or make an argument or other comment in the hearing of any jur or
97 or pr ospective jur or , concerning:
98 (a) Any sentence of imprisonment or pr obation, fine, or other punishment that
99 has been or could be imposed in a criminal pr osecution of any person for the wro ngful
100 conduct fro m which the claim of negligent security arises;
101 (b) The financial res ources of or collectability of any judgment against any party
102 or nonparty; or
103 (c) The effect of an apportionment of fault upon any award of damages.
104 (3) If the finder of fact fails to apportion a r easonable degre e of fault under
105 subdivision (1) of this subsection to each third person whose wron gful conduct was a
106 cause or contributing factor to the event fr om which the claim of negligent security
107 arises, the court shall set aside the verdict of the jury and order a ret rial of liability and
108 damages. Ther e shall be a presum ption that an apportionment of fault is unr easonable
109 if the total per centage of fault apportioned to all persons who engaged in wro ngful
110 conduct is less than the total per centage of fault apportioned to all other persons. T o
111 over come this presum ption, the trial court shall make specific findings in writing. Such
112 findings and the conclusion of r easonableness shall be r eviewed de novo on any appeal.
113 7. Nothing in this section pr ohibits a victim of crime from r ecovering full
114 criminal res titution under the proce dures set forth for the reco very of such r estitution.
115 8. This section applies to all claims that are br ought on or after August 28, 2026.
✔
HB 2667 4