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SECOND REGULAR SESSION
HOUSE BILL NO. 2997
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE PROUDIE.
6545H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 589, RSMo, by adding thereto three new sections relating to the
establishment of a registry of persistent domestic violence of fenders, with penalty
provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 589, RSMo, is amended by adding thereto three new sections, to
2 be known as sections 589.770, 589.772, and 589.774, to read as follows:
589.770. 1. The prov isions of this section shall be known and referr ed to as
2 "Br eAnna's Law".
3 2. For purposes of this section, the following terms mean:
4 (1) "Convicted" or "conviction", a finding by a court that an individual is guilty
5 of a criminal offense thr ough adjudication, or entry of a plea of guilty or no contest to
6 the charge by the offender;
7 (2) "Department", the Missouri department of public safety;
8 (3) "Domestic abuse victim", a victim of a felony or class A misdemeanor offense
9 under chapter 565 involving physical injury , thr eat of physical injury , or sexual assault
10 committed by a family or household member , as defined in section 455.010;
11 (4) "Persistent domestic violence offender", a person who:
12 (a) Has been convicted in this state of an offense committed against a domestic
13 abuse victim; and
14 (b) Has at least one prior conviction for an offense committed against a domestic
15 abuse victim.
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.
16 3. Ther e is her eby creat ed within the department of public safety a regi stry of
17 persistent domestic violence offenders. The Missouri state highway patr ol shall
18 maintain the regi stry based on information supplied to the department as pr ovided
19 under subsections 4 and 5 of this section and information available to the department
20 fr om the department of corr ections and local law enfor cement agencies. The
21 department shall make the regist ry available for public inquiry on the internet.
22 4. The reg istry shall consist of each persistent domestic violence offender's name,
23 date of birth, domestic violence offense, conviction date, county or counties of such
24 convictions, and a curr ent photograph of the persistent domestic violence offender . If
25 available after r easonable inquiry , the court clerk shall pr ovide the department with a
26 copy of each persistent domestic violence offender's driver's license, or other state or
27 federal identification, and such other identifying data as the department determines is
28 necessary to prop erly identify the persistent domestic violence offender and exclude
29 innocent persons. However , the r egistry available for public inquiry shall not include
30 any persistent domestic violence offender's addr ess, Social Security number , driver's
31 license number , or any other state or federal identification number .
32 5. (1) If a person is convicted of an offense committed against a domestic abuse
33 victim and the person convicted has at least one prior conviction for an offense
34 committed against a domestic abuse victim, the court shall, upon pr oof of any prior
35 convictions committed against a domestic abuse victim, order the defendant to reg ister
36 as a persistent domestic violence offender under this subsection.
37 (2) If a court orders a defendant to regist er under this section, the court clerk
38 shall forward to the department a certified copy of the qualifying conviction and the
39 date of birth of the defendant. The court clerk shall forward the information to the
40 department within seven days of the date of the conviction.
41 6. In addition to any other punishment that may be imposed for a conviction of
42 the offense, a defendant req uired to regist er under this section shall be assessed a
43 r egistration fee in the amount of one hundr ed fifty dollars, which shall be paid to the
44 clerk of the court imposing the sentence, who shall:
45 (1) Retain fifty dollars of the fee for the administration of this section, which
46 shall be res erved for the purposes authorized under this section at the end of each fiscal
47 year; and
48 (2) Remit one hundred dollars of the fee to the domestic violence prev ention
49 fund established under section 589.774.
50 7. The department shall re move fr om the regist ry the name and other
51 identifying information of a persistent domestic violence offender r equir ed to reg ister
52 under this section:
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53 (1) Five years after the date of the most r ecent conviction for an offense
54 committed against a domestic abuse victim if the defendant has one prior conviction for
55 an offense committed against a domestic abuse victim;
56 (2) Seven years after the date of the most recen t conviction for an offense
57 committed against a domestic abuse victim if the defendant has two prior convictions
58 for an offense committed against a domestic abuse victim;
59 (3) T en years after the date of the most r ecent conviction for an offense
60 committed against a domestic abuse victim if the defendant has thr ee prior convictions
61 for an offense committed against a domestic abuse victim; and
62 (4) T wenty years after the date of the most recent conviction for an offense
63 committed against a domestic abuse victim if the defendant has four or mor e prior
64 convictions for an offense committed against a domestic abuse victim.
65 8. The prov isions of this section shall apply only to persons convicted of an
66 offense committed against a domestic abuse victim that occurr ed on or after January 1,
67 2027; however , a prior conviction is not r equir ed to occur on or after such date.
68 9. A persistent domestic violence offender who knowingly and willfully fails to
69 r egister as req uire d under this section shall be subject to:
70 (1) For a first violation of the r equir ement to r egister , a civil fine not exceeding
71 five hundred dollars, with written notification and fifteen days to corre ct such violation
72 befor e any penalty is imposed; and
73 (2) For a second or subsequent willful violation of the req uirement to r egister , a
74 class A misdemeanor punishable by imprisonment not to exceed one year and a fine not
75 to exceed one thousand dollars.
76 10. Under section 23.253 of the Missouri sunset act:
77 (1) The prov isions of the new pr ogram authorized under this section shall sunset
78 six years after the effective date of this section unless reauthori zed by an act of the
79 general assembly; and
80 (2) This section shall terminate on September first of the calendar year
81 immediately following the calendar year in which the prog ram authorized under this
82 section is sunset.
83 1 1. The department of public safety may pr omulgate all necessary rules and
84 r egulations for the administration of this section. Any rule or portion of a rule, as that
85 term is defined in section 536.010, that is creat ed under the authority delegated in this
86 section shall become effective only if it complies with and is subject to all of the
87 pr ovisions of chapter 536 and, if applicable, section 536.028. This section and chapter
88 536 are nonseverable and if any of the powers vested with the general assembly
89 pursuant to chapter 536 to revi ew , to delay the effective date, or to disappr ove and annul
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90 a rule are subsequently held unconstitutional, then the grant of rulemaking authority
91 and any rule prop osed or adopted after August 28, 2026, shall be invalid and void.
589.772. 1. Ther e is her eby established within the department of public safety a
2 domestic violence prev ention prog ram to prov ide grants to eligible entities to fund
3 domestic violence pr evention and intervention services. The department shall award
4 grants on the basis of available funds. The department shall establish eligibility criteria
5 for any grants administered under this section.
6 2. Under section 23.253 of the Missouri sunset act:
7 (1) The prov isions of the new pr ogram authorized under this section shall sunset
8 six years after the effective date of this section unless reauthori zed by an act of the
9 general assembly; and
10 (2) This section shall terminate on September first of the calendar year
11 immediately following the calendar year in which the prog ram authorized under this
12 section is sunset.
13 3. The dir ector of the department of public safety shall pr omulgate all necessary
14 rules and reg ulations for the administration of this section. Any rule or portion of a
15 rule, as that term is defined in section 536.010, that is crea ted under the authority
16 delegated in this section shall become effective only if it complies with and is subject to
17 all of the pr ovisions of chapter 536 and, if applicable, section 536.028. This section and
18 chapter 536 are nonseverable and if any of the powers vested with the general assembly
19 pursuant to chapter 536 to revi ew , to delay the effective date, or to disappr ove and annul
20 a rule are subsequently held unconstitutional, then the grant of rulemaking authority
21 and any rule prop osed or adopted after August 28, 2026, shall be invalid and void.
589.774. 1. There is hereb y creat ed in the state tr easury the "Domestic V iolence
2 Pr evention Fund", which shall consist of moneys collected under subdivision (2) of
3 subsection 6 of section 589.700, and any gifts, contributions, grants, bequests, or other
4 aid receiv ed fro m federal, private, or other sour ces. The state trea sur er shall be
5 custodian of the fund. In accordance with sections 30.170 and 30.180, the state tre asurer
6 may appr ove disbursements. The fund shall be a dedicated fund and, upon
7 appr opriation, moneys in this fund shall be used solely for funding and
8 administration of grants under the domestic violence pr evention pr ogram established
9 under section 589.772.
10 2. Notwithstanding the prov isions of section 33.080 to the contrary , any moneys
11 r emaining in the fund at the end of the biennium shall not r evert to the credit of the
12 general reven ue fund.
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13 3. The state tr easure r shall invest moneys in the fund in the same manner as
14 other funds ar e invested. Any interes t and moneys earned on such investments shall be
15 cr edited to the fund.
✔
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