Modifies provisions relating to public safety

SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NOS. 2751, 2831 & 2695
103RD GENERAL ASSEMBL Y
6221H.07C JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 1 15.133, 208.247, and 558.041, RSMo, and to enact in lieu thereof five
new sections relating to public safety .
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 1 15.133, 208.247, and 558.041, RSMo, are repealed and five new
2 sections enacted in lieu thereof, to be known as sections 1 15.133, 208.247, 217.443, 558.041,
3 and 589.710, to read as follows:
1 15.133. 1. Except as provided in subsection 2 of this section, any citizen of the
2 United States who is a resident of the state of Missouri and seventeen years and six months of
3 age or older shall be entitled to register and to vote in any election which is held on or after
4 his or her eighteenth birthday .
5 2. No person who is adjudged incapacitated shall be entitled to register or vote. No
6 person shall be entitled to vote:
7 (1) While confined under a sentence of imprisonment; or
8 (2) [While on probation or parole after conviction of a felony , until finally dischar ged
9 from such probation or parole; or
10 (3) ] After conviction of a felony or misdemeanor connected with the right of suf frage.
11 3. Except as provided in federal law or federal elections and in section 1 15.277, no
12 person shall be entitled to vote if the person has not registered to vote in the jurisdiction of his
13 or her residence prior to the deadline to register to vote.
208.247. [ 1. Pursuant to the option granted the state by 21 U.S.C. Section 862a(d), an
2 individual who has pled guilty or nolo contendere to or is found guilty under federal or state
3 law of a felony involving possession or use of a controlled substance shall be exempt from 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.
4 prohibition contained in 21 U.S.C. Section 862a(a) against eligibility for food stamp program
5 benefits for such convictions, if such person, as determined by the department:
6 (1) Meets one of the following criteria:
7 (a) Is currently successfully participating in a substance abuse treatment program
8 approved by the division of alcohol and drug abuse within the department of mental health; or
9 (b) Is currently accepted for treatment in and participating in a substance abuse
10 treatment program approved by the division of alcohol and drug abuse, but is subject to a
11 waiting list to receive available treatment, and the individual remains enrolled in the treatment
12 program and enters the treatment program at the first available opportunity; or
13 (c) Has satisfactorily completed a substance abuse treatment program approved by
14 the division of alcohol and drug abuse; or
15 (d) Is determined by a division of alcohol and drug abuse certified treatment provider
16 not to need substance abuse treatment; and
17 (2) Is successfully complying with, or has already complied with, all obligations
18 imposed by the court, the division of alcohol and drug abuse, and the division of probation
19 and parole; and
20 (3) Does not plead guilty or nolo contendere to or is not found guilty of an additional
21 controlled substance misdemeanor or felony of fense after release from custody or , if not
22 committed to custody , such person does not plead guilty or nolo contendere to or is not found
23 guilty of an additional controlled substance misdemeanor or felony of fense, within one year
24 after the date of conviction. Such a plea or conviction within the first year after conviction
25 shall immediately disqualify the person for the exemption; and
26 (4) Has demonstrated sobriety through voluntary urinalysis testing paid for by the
27 participant.
28 2. Eligibility based upon the factors in subsection 1 of this section shall be based upon
29 documentary or other evidence satisfactory to the department of social services, and the
30 applicant shall meet all other factors for program eligibility .
31 3. The department of social services, in consultation with the division of alcohol and
32 drug abuse, shall promulgate rules to carry out the provisions of this section including
33 specifying criteria for determining active participation in and completion of a substance abuse
34 treatment program.
35 4. The exemption under this section shall not apply to an individual who has pled
36 guilty or nolo contendere to or is found guilty of two subsequent felony of fenses involving
37 possession or use of a controlled substance after the date of the first controlled substance
38 felony conviction.] Pursuant to the option granted to the state under 21 U.S.C. Section
39 862a(d)(1), an individual convicted under federal or state law of a felony offense
40 involving possession, distribution, or use of a controlled substance shall be exempt fr om
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41 the pr ohibition contained in 21 U.S.C. Section 862a(a) against eligibility for the
42 supplemental nutrition assistance pr ogram for such convictions.
217.443. 1. When any inmate is discharged from a term of imprisonment for a
2 felony offense and the intended res idence designated by the inmate is within this state,
3 the department of corr ections shall pr ovide the inmate with relev ant documentation to
4 assist the inmate in obtaining post-relea se employment and shall coordinate with the
5 department of r evenue to pr ovide a state-issued identification card if the inmate does
6 not have a curren t state-issued identification card or driver's license.
7 2. W ithin nine months prior to the r elease of an inmate fr om custody , the
8 department of corr ections, in coordination with the department of reven ue, shall
9 identify whether the inmate has a curr ent form of state-issued identification and, if not,
10 begin the pr ocess of gathering the documentation requ ired for the issuance of a state-
11 issued identification card pursuant to the pr ocess pr ovided by state law .
12 3. The department of corr ections shall coordinate with the department of
13 r evenue to pro vide state-issued identification cards to all eligible inmates who do not
14 have a curr ent state-issued identification card or driver's license upon their release fr om
15 custody . The identification cards shall be issued, repl aced, cancelled, and denied in the
16 same manner as driver's licenses in this state.
17 4. The department of revenu e shall allow the use of a certified copy of a birth
18 certificate coupled with a department of corr ections-issued rec ord card to serve as a
19 valid form of identification documentation to obtain a state-issued identification card.
20 5. State-issued identification cards issued with a r ecord card fr om the
21 department of corr ections for inmates shall be valid for a period of six years fr om
22 the month of issuance for an allowable fee to be determined by the department of
23 r evenue and ar e nonr enewable and nontransferable.
24 6. The department of correct ions may utilize any funds available to cover the
25 costs associated with the implementation and administration of this section and the
26 pur chase of state-issued identification cards including, but not limited to, inmate trust
27 funds, existing funds of the department of corr ections, and donations.
28 7. The pr ovisions of this section shall apply only to inmates who may receiv e a
29 state-issued identification card pursuant to the standards established by state law .
30 8. For purposes of assisting an inmate in obtaining post-release employment, the
31 department of corr ections shall prov ide the inmate with the following documentation:
32 (1) A copy of the vocational training record of the inmate, if applicable;
33 (2) A copy of the work record of the inmate, if applicable;
34 (3) A certified copy of the birth certificate of the inmate, if obtainable;
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35 (4) A Social Security card or a repla cement Social Security card of the inmate, if
36 obtainable;
37 (5) A res ume that includes any trade learned by the inmate and the proficien cy
38 at that trade by the inmate; and
39 (6) Documentation that the inmate has completed a practice job interview .
40 9. For purposes of assisting an inmate in obtaining post-release employment, the
41 department of correct ions shall notify the inmate if he or she is eligible to apply for a
42 license fr om a state entity charged with oversight of an occupational license or
43 certification.
44 10. A delay in obtaining the documents listed under subsection 8 of this section
45 shall not be cause for a delay in an inmate's r elease fr om custody .
46 1 1. The following categories of inmates ar e not requ ired to complete res umes or
47 practice job interviews prior to their r elease fr om incar ceration:
48 (1) Inmates sixty-five years of age or older;
49 (2) Inmates relea sing to medical par ole or discharging fr om a prison infirmary
50 setting;
51 (3) Inmates r eleasing to the custody of another jurisdiction on a warrant or
52 detainer; and
53 (4) Inmates that the department determines would be physically or mentally
54 unable to enter the workfor ce upon release from incar ceration.
55 12. The department of r evenue and the department of corr ections may
56 pr omulgate all necessary rules and reg ulations for the administration of this section.
57 Any rule or portion of a rule, as that term is defined in section 536.010, that is creat ed
58 under the authority delegated in this section shall become effective only if it complies
59 with and is subject to all of the pr ovisions of chapter 536 and, if applicable, section
60 536.028. This section and chapter 536 are nonseverable and if any of the powers vested
61 with the general assembly pursuant to chapter 536 to rev iew , to delay the effective date,
62 or to disappr ove and annul a rule are subsequently held unconstitutional, then the grant
63 of rulemaking authority and any rule pr oposed or adopted after August 28, 2026, shall
64 be invalid and void.
558.041. 1. Any of fender committed to the department of corrections, except those
2 [persons committed pursuant to subsection 7 of section 558.016, or subsection 3 of section
3 566.125, may] described in subsection 5 of this section, shall receive additional credit in
4 terms of days spent in confinement upon [ recommendation for such credit by the of fender's
5 institutional superintendent ] calculation of such cr edit when the offender meets the
6 requirements for such credit as provided in subsections 3 and 4 of this section. Good time
HCS HBs 2751, 2831 & 2695 4
7 credit may be rescinded by the director or his or her designee pursuant to the divisional policy
8 issued pursuant to subsection 3 of this section.
9 2. Any credit extended to an offender shall only apply to the sentence which the
10 of fender is currently serving.
11 3. (1) The director of the department of corrections shall issue a policy for awarding
12 credit.
13 (2) The policy [ may ] shall reward an [ inmate ] offender who has served his or her
14 sentence in an orderly and peaceable manner and has taken advantage of the rehabilitation
15 programs available to him or her .
16 (3) Any major conduct violation of institutional rules [ or ] , violation of the laws of
17 this state [ may ] , par ole r evocation, or the accumulation of minor conduct violations
18 exceeding six within a calendar year shall result in the loss of all [ or a portion of any ] prior
19 credit earned by the [ inmate ] offender pursuant to this section.
20 (4) The policy shall specify the pr ograms or activities for which cred it shall be
21 earned under this section; the criteria for determining pr oductive participation in, or
22 completion of, the pr ograms or activities; and the criteria for awarding credit.
23 (5) The department shall award cred it between five and thr ee hundr ed sixty
24 days, as determined by the department based on the length of the pr ogram, to any
25 qualifying offender who successfully:
26 (a) Receives a high school diploma or equivalent, college diploma, or a
27 vocational training certificate as pr ovided under the department's policy;
28 (b) Completes an alcohol or drug abuse tr eatment pr ogram as pr ovided under
29 the department's policy , except that alcohol and drug abuse tr eatment prog rams
30 order ed by the court or parol e board shall not qualify;
31 (c) Completes one thousand hours of res torative justice; or
32 (d) Completes other pr ograms as provi ded under the department's policy .
33 (6) An offender may earn a maximum of ninety days of cred it in any twelve-
34 month period.
35 (7) Nothing in this section shall be construed to req uire that the offender be
36 r eleased as a r esult of good time cred it. The par ole board in its discr etion shall
37 determine the date of rel ease.
38 4. [ The department shall cause the policy to be published in the code of state
39 regulations ] Eligible offenders may petition the department to receiv e credi t for
40 pr ograms or activities completed prior to August 28, 2026, as specified below:
41 (1) Eligible offenders can submit a petition fr om January 1, 2027, to December
42 31, 2027; and
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43 (2) Offenders shall have completed the qualifying pro gram or activity between
44 January 1, 2010, and August 28, 2026.
45
46 All other pr ovisions outlined in this section shall apply retr oactively to offenses
47 committed after December 31, 2009 .
48 5. [ No rule or portion of a rule promulgated under the authority of this chapter shall
49 become ef fective unless it has been promulgated pursuant to the provisions of section
50 536.024 ] The following persons shall not be eligible to receive good time cr edit under
51 this section:
52 (1) Persons committed to the department who are sentenced to death or
53 sentenced to life without pr obation or paro le;
54 (2) Persons committed to the department under subsection 7 of section 558.016
55 or under subsection 3 of section 566.125; and
56 (3) Persons committed to the department for the commission or attempt of any
57 of the following offenses:
58 (a) Arson in the first degr ee under section 569.040;
59 (b) Assault in the first degr ee under section 565.050;
60 (c) Assault in the second degr ee under section 565.052 if the victim is a special
61 victim as defined under section 565.002;
62 (d) Kidnapping in the first degr ee under section 565.1 10;
63 (e) Kidnapping in the second degree under section 565.120;
64 (f) Murder in the second degree under section 565.021;
65 (g) Domestic assault in the first degr ee under section 565.072;
66 (h) Abuse of an elderly person, a person with a disability , or a vulnerable person
67 under section 565.184;
68 (i) Robbery in the first degr ee under section 570.023;
69 (j) Armed criminal action under section 571.015;
70 (k) Conspiracy to commit an offense under 562.014 when the offense is a
71 danger ous felony;
72 (l) V ehicle hijacking under section 570.027 when punished as a class A felony;
73 (m) Abuse of a child under section 568.060 when the child dies as a res ult of
74 injuries sustained fro m conduct chargeable;
75 (n) Child kidnapping under section 565.1 15;
76 (o) Par ental kidnapping under section 565.153 when punished as a class B
77 felony;
78 (p) Bus hijacking under section 577.703 when punished as a class A felony;
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79 (q) Planting a bomb or explosive device in or near a bus or terminal under
80 section 577.706;
81 (r) Any intoxication-r elated traffic offense or intoxication-r elated boating
82 offense as defined under section 577.001 if the person is found to be a habitual offender
83 or a habitual boating offender;
84 (s) Rape in the first degr ee under section 566.030;
85 (t) Sodomy in the first degr ee under section 566.060;
86 (u) Statutory rape in the first degr ee under section 566.032;
87 (v) Statutory sodomy in the first degr ee under section 566.062;
88 (w) Child molestation in the first degre e under section 566.067;
89 (x) Child molestation in the second degr ee under section 566.068;
90 (y) Child molestation in the third degr ee under section 566.069;
91 (z) Child molestation in the fourth degree under section 566.071;
92 (aa) Sexual misconduct involving a child under section 566.083;
93 (bb) Sexual abuse in the first degr ee under section 566.100;
94 (cc) T rafficking for the purpose of slavery under section 566.206;
95 (dd) T rafficking for the purpose of sexual exploitation under section 566.209;
96 (ee) Sexual trafficking of a child in the first degr ee under section 566.210; and
97 (ff) Sexual trafficking of a child in the second degr ee under section 566.21 1 .
589.710. 1. For the purposes of this section, the following terms mean:
2 (1) "Bona fide r esear cher", any individual or organization who:
3 (a) Agr ees that any personally identifiable information pr ovided shall be used
4 only for res ear ch and statistical activities and shall not be transferr ed, rev ealed, or used
5 for purposes other than res earch or statistical activities and that reports or publications
6 derived fr om this information shall not identify specific individuals;
7 (b) Certifies that such individual or organization has secur ed appr oval by the
8 individual or organization's institutional revi ew board for the res earch or statistical
9 pr oject that is the basis of the data access requ est; and
10 (c) If the individual or organization is r equesting access to any confidential,
11 personally identifiable data, certifies that the individual or organization has security
12 contr ols in place to preven t unauthorized access to any confidential, personally
13 identifiable data and that these controls have met the appr oval of the individual or
14 organization's institutional review board;
15 (2) "Criminal justice agency", any court with criminal jurisdiction and any
16 local, county , or state agency that performs any activity dir ectly rel ating to the detection
17 or investigation of crime; the appr ehension, pre trial r elease, post-trial r elease,
18 pr osecution, corr ectional supervision, r ehabilitation, evaluation, or tr eatment of
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19 accused persons or criminal offenders; or criminal identification activities or the
20 collection, storage, or dissemination of arres t and criminal r ecords information;
21 (3) "Criminal justice data", all data collected, cr eated, receiv ed, maintained, or
22 disseminated by any criminal justice agency reg ardless of its physical form, storage
23 media, or conditions of use;
24 (4) "Institutional review board", any board, committee, or other gr oup that
25 r eviews, appr oves initiation of, and conducts periodic review of r esear ch and that has
26 r eceived accr editation for this purpose or is part of an accr edited institution of higher
27 learning;
28 (5) "Record", any information kept, held, filed, prod uced, or repr oduced by ,
29 with, or for a criminal justice agency , in any physical or digital form whatsoever
30 including, but not limited to, repo rts, statements, examinations, memoranda, opinions,
31 folders, files, books, manuals, pamphlets, forms, papers, designs, drawings, maps,
32 photos, letters, micr ofilms, computer tapes or discs, or rules, regu lations, or codes.
33 2. (1) A criminal justice agency shall share with a bona fide r esear cher all
34 criminal justice data and record s, including rel evant personally identifying information
35 and demographic information, held by that agency relat ing to:
36 (a) A law enforce ment stop, sear ch, or seizur e;
37 (b) A warrant, arres t, or citation;
38 (c) Participation in a pr e-arr est or post-arrest diversion, specialty court, or other
39 alternative r esolution progra m;
40 (d) A criminal charge, disposition, or sentence;
41 (e) Pr etrial or post-trial r elease fr om custody , or any terms or conditions of
42 r elease;
43 (f) A grant, order , change in the terms of, or termination of pret rial supervised
44 r elease, pr obation, par ole, or participation in correct ional or rehab ilitative pr ograms;
45 or
46 (g) Formal discipline, reclass ification, or relocation of any person under criminal
47 sentence or correct ional contr ol.
48 (2) A criminal justice agency shall share with a bona fide res earch er all criminal
49 justice data and record s, including relev ant personally identifying information and
50 demographic information, held by that agency that is subject to mandatory or
51 discr etionary disclosur e to any member of the public and not otherwise closed pursuant
52 to chapter 610.
53 (3) A criminal justice agency may share with a bona fide res earch er any other
54 criminal justice data, recor ds, or information, including r elevant personally identifying
HCS HBs 2751, 2831 & 2695 8
55 information and demographic information, held by that agency that is res ponsive to a
56 bona fide r esear cher's r equest.
57 (4) A release of criminal justice data, record s, or information under this section
58 is not consider ed a relea se of data, record s, or information to the public for the purposes
59 of chapter 610 and does not waive the right to assert in the futur e that data, records, or
60 information may be closed under chapter 610.
61 (5) The pro visions of this subsection r equiring the sharing of data, record s, and
62 information shall not apply to the department of mental health.
63 3. (1) Befor e February 28, 2027, the attorney general shall issue guidance to
64 assist criminal justice agencies in complying with the r equir ements of this section,
65 including a pr ocess for identifying bona fide res earchers and sharing criminal justice
66 data, rec ords, and information with bona fide r esear chers.
67 (2) A criminal justice agency may assess r easonable fees, not to exceed actual
68 costs, for the sear ch, ret rieval, and copying of criminal justice data, record s, or
69 information requ ested pursuant to this section, and may waive fees at their discr etion.
70 4. Nothing in this section shall be construed to limit any right of any member of
71 the public, including rep res entatives of the media, to access public r ecords under
72 chapter 610.
✔
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