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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1381
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR SCHROER.
5385S.02I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 211.031, 211.061, 211.063, 211.071, and 211.141, RSMo, and to enact in lieu
thereof five new sections relating to the juvenile justice system.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 211.031, 211.061, 211.063, 211.071, 1
and 211.141, RSMo, are repealed and five new sections enacted 2
in lieu thereof, to be known as sections 211.031, 211.061, 3
211.063, 211.071, and 211.141, to read as follows:4
211.031. 1. Except as otherwise provided in this 1
chapter, the juvenile court or the family court in circuits 2
that have a family court as provided in chapter 487 shall 3
have exclusive original jurisdiction in proceedings: 4
(1) Involving any child who may be a resident of or 5
found within the county and who is alleged to be in need of 6
care and treatment because: 7
(a) The parents, or other persons legally responsible 8
for the care and support of the child, neglect or refuse to 9
provide proper support, education which is required by law, 10
medical, surgical or other care necessary for his or her 11
well-being; except that reliance by a parent, guardian or 12
custodian upon remedial treatment other than medical or 13
surgical treatment for a child shall not be construed as 14
neglect when the treatment is recognized or permitted 15
pursuant to the laws of this state; 16
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(b) The child is otherwise without proper care, 17
custody or support; 18
(c) The child was living in a room, building or other 19
structure at the time such dwelling was found by a court of 20
competent jurisdiction to be a public nuisance pursuant to 21
section 195.130; or 22
(d) The child is in need of mental health or juvenile 23
court services and the parent, guardian or custodian is 24
unable to afford or access appropriate mental health 25
treatment or care for the child; 26
(2) Involving any child who may be a resident of or 27
found within the county and who is alleged to be in need of 28
care and treatment because: 29
(a) The child while subject to compulsory school 30
attendance is repeatedly and without justification absent 31
from school; 32
(b) The child disobeys the reasonable and lawful 33
directions of his or her parents or other custodian and is 34
beyond their control; 35
(c) The child is habitually absent from his or her 36
home without sufficient cause, permission, or justification; 37
(d) The behavior or associations of the child are 38
otherwise injurious to his or her welfare or to the welfare 39
of others; or 40
(e) The child is charged with an offense not 41
classified as criminal, or with an offense applicable only 42
to children; except that, the juvenile court shall not have 43
jurisdiction over any child fifteen years of age who is 44
alleged to have violated a state or municipal traffic 45
ordinance or regulation, the violation of which does not 46
constitute a dangerous felony as defined in section 556.061, 47
or any child who is alleged to have violated a state or 48
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municipal ordinance or regulation prohibiting possession or 49
use of any tobacco product; 50
(3) Involving any child who is alleged to have 51
violated a state law or municipal ordinance, or any person 52
who is alleged to have violated a state law or municipal 53
ordinance prior to attaining the age of eighteen years, in 54
which cases jurisdiction [may] shall be taken by the court 55
of the circuit in which the violation is or violations are 56
alleged to have occurred, except as provided in subsection 2 57
of this section; except that, the juvenile court shall not 58
have jurisdiction over any child fifteen years of age who is 59
alleged to have violated a state or municipal traffic 60
ordinance or regulation, the violation of which does not 61
constitute a dangerous felony as defined in section 556.061, 62
and except that the juvenile court shall have concurrent 63
jurisdiction with the municipal court over any child who is 64
alleged to have violated a municipal curfew ordinance, and 65
except that the juvenile court shall have concurrent 66
jurisdiction with the circuit court on any child who is 67
alleged to have violated a state or municipal ordinance or 68
regulation prohibiting possession or use of any tobacco 69
product; 70
(4) For the adoption of a person; 71
(5) For the commitment of a child to the guardianship 72
of the department of social services as provided by law; 73
(6) Involving an order of protection pursuant to 74
chapter 455 when the respondent is less than eighteen years 75
of age; and 76
(7) Involving a child who has been a victim of sex 77
trafficking or sexual exploitation. 78
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2. Transfer of a matter, proceeding, jurisdiction or 79
supervision for a child who resides in a county of this 80
state shall be made as follows: 81
(1) Prior to the filing of a petition and upon request 82
of any party or at the discretion of the juvenile officer, 83
the matter in the interest of a child may be transferred by 84
the juvenile officer, with the prior consent of the juvenile 85
officer of the receiving court, to the county of the child's 86
residence or the residence of the person eighteen years of 87
age for future action; 88
(2) Upon the motion of any party or on its own motion 89
prior to final disposition on the pending matter, the court 90
in which a proceeding is commenced may transfer the 91
proceeding of a child to the court located in the county of 92
the child's residence, or the county in which the offense 93
pursuant to subdivision (3) of subsection 1 of this section 94
is alleged to have occurred for further action; 95
(3) Upon motion of any party or on its own motion, the 96
court in which jurisdiction has been taken pursuant to 97
subsection 1 of this section may at any time thereafter 98
transfer jurisdiction of a child to the court located in the 99
county of the child's residence for further action with the 100
prior consent of the receiving court; 101
(4) Upon motion of any party or upon its own motion at 102
any time following a judgment of disposition or treatment 103
pursuant to section 211.181, the court having jurisdiction 104
of the cause may place the child under the supervision of 105
another juvenile court within or without the state pursuant 106
to section 210.570 with the consent of the receiving court; 107
(5) Upon motion of any child or his or her parent, the 108
court having jurisdiction shall grant one change of judge 109
pursuant to Missouri supreme court rules; 110
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(6) Upon the transfer of any matter, proceeding, 111
jurisdiction or supervision of a child, certified copies of 112
all legal and social documents and records pertaining to the 113
case on file with the clerk of the transferring juvenile 114
court shall accompany the transfer; 115
(7) Upon motion of the prosecuting or circuit attorney 116
where the alleged offense or offenses occurred to the court 117
of general jurisdiction to prosecute the alleged crime or 118
crimes under the general law, the court shall transfer 119
jurisdiction if it is alleged that the juvenile officer 120
failed to perform the proper risk and needs assessment 121
described under subsection 4 of section 211.141. 122
3. In any proceeding involving any child taken into 123
custody in a county other than the county of the child's 124
residence, the juvenile court of the county of the child's 125
residence shall be notified of such taking into custody 126
within seventy-two hours. 127
4. When an investigation by a juvenile officer 128
pursuant to this section reveals that the only basis for 129
action involves an alleged violation of section 167.031 130
involving a child who alleges to be receiving instruction at 131
a home school or an FPE school, the juvenile officer shall 132
contact a parent or parents of such child to verify that the 133
child is receiving instruction at such school and not in 134
violation of section 167.031 before making a report of such 135
a violation. Any report of a violation of section 167.031 136
made by a juvenile officer regarding a child who is 137
receiving instruction at a home school or an FPE school 138
shall be made to the prosecuting attorney of the county 139
where the child legally resides. 140
5. The disability or disease of a parent shall not 141
constitute a basis for a determination that a child is a 142
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child in need of care or for the removal of custody of a 143
child from the parent without a specific showing that there 144
is a causal relation between the disability or disease and 145
harm to the child. 146
211.061. 1. When a child is taken into custody with 1
or without warrant for an offense, the child, together with 2
any information concerning the child and the personal 3
property found in the child's possession, shall be taken 4
immediately and directly before the juvenile court or 5
delivered to the juvenile officer or person acting for the 6
child. 7
2. If any person is taken before a circuit or 8
associate circuit judge not assigned to juvenile court or a 9
municipal judge, and it is then, or at any time thereafter, 10
ascertained that he or she was under the age of eighteen 11
years at the time he or she is alleged to have committed the 12
offense, or that he or she is subject to the jurisdiction of 13
the juvenile court as provided by this chapter, it is the 14
duty of the judge forthwith to transfer the case or refer 15
the matter to the juvenile court, and direct the delivery of 16
such person, together with information concerning him or her 17
and the personal property found in his or her possession, to 18
the juvenile officer or person acting as such. 19
3. When the juvenile court is informed that a child is 20
in detention it shall examine the reasons therefor, 21
including the risk and needs assessment described under 22
subsection 4 of section 211.141, and shall immediately: 23
(1) Order the child released; or 24
(2) Order the child continued in detention until a 25
detention hearing is held. An order to continue the child 26
in detention shall only be entered upon the filing of a 27
petition or motion to modify and a determination by the 28
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court that probable cause exists to believe that the child 29
has committed acts specified in the petition or motion that 30
bring the child within the jurisdiction of the court under 31
subdivision (2) or (3) of subsection 1 of section 211.031. 32
4. A juvenile shall not remain in detention for a 33
period greater than twenty-four hours unless the court 34
orders a detention hearing. If such hearing is not held 35
within three days, excluding Saturdays, Sundays and legal 36
holidays, the juvenile shall be released from detention 37
unless the court for good cause orders the hearing 38
continued. The detention hearing shall be held within the 39
judicial circuit at a date, time and place convenient to the 40
court. Notice of the date, time and place of a detention 41
hearing, and of the right to counsel, shall be given to the 42
juvenile and his or her custodian in person, by telephone, 43
or by such other expeditious method as is available. 44
211.063. 1. A child accused of violating the 1
provisions of subdivision (2) of subsection 1 of section 2
211.031 shall not be held in a secure detention placement 3
for a period greater than twenty-four hours, excluding 4
Saturdays, Sundays and legal holidays, unless the court 5
finds pursuant to a probable cause hearing held within that 6
twenty-four-hour period, that the child has violated the 7
conditions of a valid court order and that: 8
(1) The child has a record of willful failure to 9
appear at juvenile court proceedings; or 10
(2) The child has a record of violent conduct 11
resulting in physical injury to self or others; [or] 12
(3) The child has a record of leaving a court-ordered 13
placement, other than secure detention, without permission; 14
or 15
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(4) The child has a record of repeated alleged 16
violations of state or municipal laws during the immediate 17
preceding sixty days that supports the good faith belief 18
that the child will continue to violate state or municipal 19
laws and will pose a risk to the safety and well-being of 20
others if released. 21
2. As used in this section, the following terms mean: 22
(1) "Secure detention", any public or private 23
residential facility used for the temporary placement of any 24
child if such facility includes construction fixtures 25
designed to physically restrict the movements and activities 26
of children held in the lawful custody of such facility; 27
(2) "Valid court order", an order issued by a court of 28
competent jurisdiction regarding a child who has been 29
brought before the court, which sets forth specific 30
conditions of behavior for the child and consequences of 31
violations of such conditions. 32
3. This section shall not apply: 33
(1) To a child who has been taken under the 34
jurisdiction of the court pursuant to subdivision (3) of 35
subsection 1 of section 211.031; or 36
(2) To a child who was adjudicated pursuant to 37
subdivision (3) of subsection 1 of section 211.031 after 38
being taken under the jurisdiction of the court; or 39
(3) To a child who is currently charged with a 40
violation under subdivision (3) of subsection 1 of section 41
211.031. 42
211.071. 1. If a petition or motion to modify alleges 1
that a child between the ages of fourteen and eighteen has 2
committed an offense that would be considered a felony if 3
committed by an adult, the court may, upon its own motion or 4
upon motion by the prosecuting or circuit attorney, juvenile 5
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officer, the child, or the child's custodian, order a 6
hearing and may, in its discretion, dismiss the petition or 7
motion to modify and such child may be transferred to the 8
court of general jurisdiction and prosecuted under the 9
general law; except that, if a petition alleges that a child 10
between the ages of twelve and eighteen has committed an 11
offense that would be considered first degree murder under 12
section 565.020, second degree murder under section 565.021, 13
first degree assault under section 565.050, forcible rape 14
under section 566.030 as it existed prior to August 28, 15
2013, rape in the first degree under section 566.030, 16
forcible sodomy under section 566.060 as it existed prior to 17
August 28, 2013, sodomy in the first degree under section 18
566.060, first degree robbery under section 569.020 as it 19
existed prior to January 1, 2017, robbery in the first 20
degree under section 570.023, distribution of drugs under 21
section 195.211 as it existed prior to January 1, 2017, or 22
the manufacturing of a controlled substance under section 23
579.055, if committed by an adult, or a dangerous felony as 24
defined in section 556.061, or any felony involving the use, 25
assistance, or aid of a deadly weapon, or has committed two 26
or more prior unrelated offenses that would be felonies if 27
committed by an adult, the court shall order a hearing, and 28
may, in its discretion, dismiss the petition or motion to 29
modify and transfer the child to a court of general 30
jurisdiction for prosecution under the general law. 31
2. Upon apprehension and arrest, jurisdiction over the 32
criminal offense or offenses allegedly committed by any 33
person between eighteen and twenty-one years of age over 34
whom the juvenile court has retained continuing jurisdiction 35
shall automatically terminate and that offense shall be 36
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dealt with in the court of general jurisdiction as provided 37
in section 211.041. 38
3. Knowing and willful age misrepresentation by a 39
juvenile subject shall not affect any action or proceeding 40
which occurs based upon the misrepresentation. Any evidence 41
obtained during the period of time in which a child 42
misrepresents his or her age may be used against the child 43
and will be subject only to rules of evidence applicable in 44
adult proceedings. 45
4. Written notification of a transfer hearing shall be 46
given to the juvenile and his or her custodian in the same 47
manner as provided in sections 211.101 and 211.111. Notice 48
of the hearing may be waived by the custodian. Notice shall 49
contain a statement that the purpose of the hearing is to 50
determine whether the child is a proper subject to be dealt 51
with under the provisions of this chapter, and that if the 52
court finds that the child is not a proper subject to be 53
dealt with under the provisions of this chapter, the 54
petition or motion to modify will be dismissed to allow for 55
prosecution of the child under the general law. 56
5. The juvenile officer may consult with the office of 57
prosecuting attorney concerning any offense for which the 58
child could be certified as an adult under this section. 59
The prosecuting or circuit attorney shall have access to 60
police reports, reports of the juvenile or deputy juvenile 61
officer, statements of witnesses and all other records or 62
reports relating to the offense alleged to have been 63
committed by the child. The prosecuting or circuit attorney 64
shall have access to the disposition records of the child 65
when the child has been adjudicated pursuant to subdivision 66
(3) of subsection 1 of section 211.031. The prosecuting 67
attorney shall not divulge any information regarding the 68
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child and the offense until the juvenile court at a judicial 69
hearing has determined that the child is not a proper 70
subject to be dealt with under the provisions of this 71
chapter. The prosecuting or circuit attorney may make a 72
motion to transfer the matter to the court of general 73
jurisdiction where the alleged offense or offenses occurred 74
to prosecute the alleged offense or offenses if it is 75
alleged that the juvenile officer failed to perform the risk 76
and needs assessment described under subsection 4 of section 77
211.141. 78
6. A written report shall be prepared in accordance 79
with this chapter developing fully all available information 80
relevant to the criteria which shall be considered by the 81
court in determining whether the child is a proper subject 82
to be dealt with under the provisions of this chapter and 83
whether there are reasonable prospects of rehabilitation 84
within the juvenile justice system. These criteria shall 85
include but not be limited to: 86
(1) The seriousness of the offense alleged and whether 87
the protection of the community requires transfer to the 88
court of general jurisdiction; 89
(2) Whether the offense alleged involved viciousness, 90
force and violence; 91
(3) Whether the offense alleged was against persons or 92
property with greater weight being given to the offense 93
against persons, especially if personal injury resulted; 94
(4) Whether the offense alleged is a part of a 95
repetitive pattern of offenses which indicates that the 96
child may be beyond rehabilitation under the juvenile code; 97
(5) The record and history of the child, including 98
experience with the juvenile justice system, other courts, 99
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supervision, commitments to juvenile institutions and other 100
placements; 101
(6) The sophistication and maturity of the child as 102
determined by consideration of his or her home and 103
environmental situation, emotional condition and pattern of 104
living; 105
(7) The age of the child; 106
(8) The program and facilities available to the 107
juvenile court in considering disposition; 108
(9) Whether or not the child can benefit from the 109
treatment or rehabilitative programs available to the 110
juvenile court; and 111
(10) Racial disparity in certification. 112
7. If the court dismisses the petition to permit the 113
child to be prosecuted under the general law, the court 114
shall enter a dismissal order containing: 115
(1) Findings showing that the court had jurisdiction 116
of the cause and of the parties; 117
(2) Findings showing that the child was represented by 118
counsel; 119
(3) Findings showing that the hearing was held in the 120
presence of the child and his or her counsel; and 121
(4) Findings showing the reasons underlying the 122
court's decision to transfer jurisdiction. 123
8. A copy of the petition or motion to modify and 124
order of the dismissal shall be sent to the prosecuting 125
attorney. 126
9. When a petition or motion to modify has been 127
dismissed thereby permitting a child to be prosecuted under 128
the general law and the prosecution of the child results in 129
a conviction, the jurisdiction of the juvenile court over 130
that child is forever terminated, except as provided in 131
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subsection 10 of this section, for an act that would be a 132
violation of a state law or municipal ordinance. 133
10. If a petition or motion to modify has been 134
dismissed thereby permitting a child to be prosecuted under 135
the general law and the child is found not guilty by a court 136
of general jurisdiction, the juvenile court shall have 137
jurisdiction over any later offense committed by that child 138
which would be considered a misdemeanor or felony if 139
committed by an adult, subject to the certification 140
provisions of this section. 141
11. If the court does not dismiss the petition or 142
motion to modify to permit the child to be prosecuted under 143
the general law, it shall set a date for the hearing upon 144
the petition as provided in section 211.171. 145
211.141. 1. When a child is taken into custody as 1
provided in section 211.131, the person taking the child 2
into custody shall, unless it has been otherwise ordered by 3
the court, return the child to his or her parent, guardian 4
or legal custodian on the promise of such person to bring 5
the child to court, if necessary, at a stated time or at 6
such times as the court may direct. The court may also 7
impose other conditions relating to activities of the 8
child. If these additional conditions are not met, the 9
court may order the child detained as provided in section 10
211.151. If additional conditions are imposed, the child 11
shall be notified that failure to adhere to the conditions 12
may result in the court imposing more restrictive conditions 13
or ordering the detention of the child. If the person 14
taking the child into custody believes it desirable, he may 15
request the parent, guardian or legal custodian to sign a 16
written promise to bring the child into court and 17
acknowledging any additional conditions imposed on the child. 18
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2. If the child is not released as provided in 19
subsection 1 of this section, he or she may be conditionally 20
released or detained in any place of detention specified in 21
section 211.151 but only on order of the court specifying 22
the reason for the conditional release or the detention. 23
The parent, guardian or legal custodian of the child shall 24
be notified of the terms of the conditional release or the 25
place of detention as soon as possible. 26
3. The juvenile officer may conditionally release or 27
detain a child for a period not to exceed twenty-four hours 28
if it is impractical to obtain a written order from the 29
court because of the unreasonableness of the hour or the 30
fact that it is a Sunday or holiday. The conditional 31
release shall be as provided in subsection 1 of this 32
section, and the detention shall be as provided in section 33
211.151. A written record of such conditional release or 34
detention shall be kept and a report in writing filed with 35
the court. In the event that the judge is absent from his 36
circuit, or is unable to act, the approval of another 37
circuit judge of the same or adjoining circuit must be 38
obtained as a condition or continuing the conditional 39
release or detention of a child for more than twenty-four 40
hours. 41
4. In any matter referred to the juvenile court 42
pursuant to section 211.031, the juvenile officer shall make 43
a risk and needs assessment of the child and, before the 44
disposition of the matter, shall report the results of the 45
assessment to the juvenile court. The juvenile officer 46
shall use a cumulative total of points assessed for all 47
alleged offenses committed by the child, as well as all 48
alleged offenses committed by the child within the previous 49
sixty days, to determine whether or not the juvenile court 50
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shall order the child to be detained as provided in section 51
211.151. If a juvenile officer fails to strictly abide by 52
the provisions of this section in assessing the risks and 53
needs of the child, the prosecuting or circuit attorney in 54
the jurisdiction in which the child is alleged to have 55
committed the offense or offenses shall have the authority 56
to make a motion to transfer the case or cases involving the 57
child to the court of general jurisdiction and to prosecute 58
the case or cases under general law. The assessment shall 59
be written on a standardized form approved by the office of 60
state courts administrator. 61
5. The division, in cooperation with juvenile officers 62
and juvenile courts, shall at least biennially review a 63
random sample of assessments of children and the disposition 64
of each child's case to recommend assessment and disposition 65
equity throughout the state. Such review shall identify any 66
evidence of racial disparity in certification. Such review 67
shall be conducted in a manner which protects the 68
confidentiality of the cases examined. 69
✓