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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
[TRULY AGREED TO AND FINALLY PASSED]
CONFERENCE COMMITTEE SUBSTITUTE FOR
SENATE SUBSTITUTE FOR
SENATE BILL NO. 1421
103RD GENERAL ASSEMBLY
2026
5940S.07T
AN ACT
To repeal sections 27.020, 43.500, 43.530, 56.265, 195.417, 302.302, 304.070, 324.1100,
324.1102, 324.1103, 324.1105, 324.1116, 324.1134, 374.051, 374.695, 374.700,
374.702, 374.705, 374.710, 374.711, 374.715, 374.716, 374.717, 374.719, 374.720,
374.730, 374.740, 374.750, 374.755, 374.757, 374.759, 374.760, 374.763, 374.764,
374.770, 374.775, 374.783, 374.784, 374.785, 374.786, 374.787, 374.788, 374.789,
557.035, 569.086, 570.010, 571.030, 577.800, 579.022, 579.060, 579.065, 579.068,
and 650.240, RSMo, and to enact in lieu thereof sixty -eight new sections relating to
public safety, with penalty provisions, an emergency clause for certain sections, and a
severability clause.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 27.020, 43.500, 43.530, 56.265, 1
195.417, 302.302, 304.070, 324.1100, 324.1102, 324.1103, 2
324.1105, 324.1116, 324.1134, 374.051, 374.695, 374.700, 3
374.702, 374.705, 374.710, 374.711, 374.715, 374.716, 374.717, 4
374.719, 374.720, 374.730, 374.740, 374.750, 374.755, 374.757, 5
374.759, 374.760, 374.763, 374.764, 374.770, 374.775, 374.783, 6
374.784, 374.785, 374.786, 374.787, 374.788, 374.789, 557.035, 7
569.086, 570.010, 571.030, 577.800, 579.022, 579.060, 579.065, 8
579.068, and 650.240, RSMo, are repealed and sixty-eight new 9
sections enacted in lieu thereof, to be known as sections 10
27.020, 43.500, 43.530, 56.265, 160.3300, 195.417, 210.1700, 11
CCS SS SB 1421 2
301.287, 302.302, 304.070, 320.405, 324.1100, 324.1102, 12
324.1103, 324.1105, 324.1116, 324.1134, 324.2100, 324.2103, 13
324.2109, 324.2112, 324.2115, 324.2118, 324.2121, 324.2124, 14
324.2127, 324.2130, 324.2133, 324.2136, 324.2139, 324.2142, 15
324.2145, 324.2148, 324.2151, 324.2154, 324.2157, 324.2160, 16
324.2163, 324.2166, 324.2169, 324.2172, 324.2175, 324.2178, 17
324.2181, 324.2184, 324.2187, 374.051, 454.1050, 557.035, 18
565.097, 569.086, 569.117, 569.119, 570.010, 570.137, 571.030, 19
577.800, 579.022, 579.060, 579.065, 579.068, 589.900, 589.902, 20
590.1300, 610.141, 610.143, 610.144, and 650.240, to read as 21
follows:22
27.020. 1. The attorney general is hereby authorized 1
to appoint such assistant attorneys general as may be 2
necessary to properly perform the duties of his or her 3
office and shall fix the compensation of such assistants 4
within the limits of the amount appropriated by the general 5
assembly. Said assistant attorneys general shall hold their 6
office at the pleasure of the attorney general, shall 7
possess the same qualifications as the attorney general, and 8
before entering upon the discharge of their duties shall 9
each take and subscribe to an oath to support the 10
Constitution of the United States and of the state of 11
Missouri and to faithfully demean themselves in office. It 12
shall be their duty to assist the attorney general in his or 13
her official duties with power and authority under his or 14
her direction to represent him or her in the discharge of 15
all the duties of his or her office. 16
2. The attorney general may, at the request of any 17
officer, department, board, bureau, commission or agency of 18
the state, assign assistant attorneys general to perform the 19
duties prescribed by law before or upon behalf of such 20
officer, department, board, bureau, commission or agency and 21
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may, upon request as aforesaid, from time to time reassign 22
such assistants. 23
3. The attorney general is also authorized to appoint 24
a chief clerk, stenographers, typists, clerks, 25
[investigators] and such other employees as shall be 26
necessary to properly perform the duties of his or her 27
office [and shall fix the compensation of persons thus 28
employed within the limits of the amount appropriated by the 29
general assembly]. Said employees shall serve during the 30
pleasure of the attorney general. [The assistant attorneys 31
general and the chief clerk, stenographers, typists, clerks, 32
investigators and other employees shall be paid in the same 33
manner and at the same time as the attorney general. The 34
compensation and expenses of said assistants and employees 35
may be paid out of any state or federal funds appropriated 36
to said department for such purposes.] 37
4. The attorney general is further authorized to 38
appoint commissioned and noncommissioned investigators, as 39
shall be necessary to properly perform the duties of his or 40
her office. Investigators shall serve at the pleasure of 41
the attorney general. Each commissioned investigator, upon 42
appointment, shall take and subscribe an oath of office to 43
support the constitution and laws of the United States and 44
the state of Missouri and shall receive a certificate of 45
appointment, a copy of which shall be filed with the 46
secretary of state, issued by the attorney general or his or 47
her designee granting such commissioned investigator all the 48
same powers of arrest held by peace officers to maintain 49
order and preserve the peace in any matter in which the 50
attorney general is appointed or assigned in accordance with 51
the law. Commissioned investigators may assist law 52
enforcement agencies when requested. The certificate of 53
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appointment of each commissioned investigator may be 54
withdrawn at any time by the attorney general. Commissioned 55
investigators shall comply with all peace officer standards 56
required by chapter 590. 57
5. The attorney general is authorized to fix the 58
compensation of persons employed by him or her within the 59
limits of the amount appropriated by the general assembly. 60
The assistant attorneys general and the chief clerk, 61
stenographers, typists, clerks, investigators, and other 62
employees shall be paid in the same manner and at the same 63
time as the attorney general. The compensation and expenses 64
of said assistants, investigators, and other employees may 65
be paid out of any state or federal funds appropriated to 66
said department for such purposes. 67
43.500. As used in sections 43.500 to 43.651, the 1
following terms mean: 2
(1) "Administration of criminal justice", performance 3
of any of the following activities: detection, 4
apprehension, detention, pretrial release, post-trial 5
release, prosecution, adjudication, correctional 6
supervision, or rehabilitation of accused persons or 7
criminal offenders. The administration of criminal justice 8
shall include the discretion to disclose closed mobile video 9
recordings. Such discretion shall belong solely to the 10
agency creating the video and shall not waive closure rights 11
or requirements for subsequent requests. The administration 12
of criminal justice shall include the screening of employees 13
or applicants seeking employment with criminal justice 14
agencies, criminal identification activities, and the 15
collection, storage, and dissemination of criminal history 16
information, including fingerprint searches, photographs, 17
and other unique biometric identification; 18
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(2) "Central repository", the division within the 19
Missouri state highway patrol responsible for compiling and 20
disseminating complete and accurate criminal history records 21
and statistics; 22
(3) "Committee", criminal records and justice 23
information advisory committee; 24
(4) "Comparable ordinance violation", a violation of 25
an ordinance having all the essential elements of a 26
statutory felony or a class A misdemeanor; 27
(5) "Criminal history record information", information 28
collected by criminal justice agencies on individuals 29
consisting of identifiable descriptions and notations of 30
arrests, detentions, indictments, informations, or other 31
formal criminal charges, and any disposition arising 32
therefrom, sentencing, correctional supervision, and release; 33
(6) "Final disposition", the formal conclusion of a 34
criminal proceeding at whatever stage it occurs in the 35
criminal justice system; 36
(7) "Missouri charge code", a unique number assigned 37
by the office of state courts administrator to an offense 38
for tracking and grouping offenses. Beginning January 1, 39
2005, the complete charge code shall consist of digits 40
assigned by the office of state courts administrator, the 41
two-digit national crime information center modifiers and a 42
single digit designating attempt, accessory, or conspiracy. 43
The only exception to the January 1, 2005, date shall be the 44
courts that are not using the statewide court automation 45
case management pursuant to section 476.055; the effective 46
date will be as soon thereafter as economically feasible for 47
all other courts; 48
(8) "State offense cycle number", a unique number, 49
supplied by or approved by the Missouri state highway 50
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patrol, on the state criminal fingerprint card. The offense 51
cycle number, OCN, is used to link the identity of a person, 52
through unique biometric identification, to one or many 53
offenses for which the person is arrested or charged. The 54
OCN will be used to track an offense incident from the date 55
of arrest to the final disposition when the offender exits 56
from the criminal justice system; 57
(9) "Unique biometric identification", automated 58
methods of recognizing and identifying an individual based 59
on a physiological characteristic. Biometric identification 60
methods may include but are not limited to facial 61
recognition, fingerprints, palm prints, hand geometry, iris 62
recognition, and retinal scan. 63
43.530. 1. For each request requiring the payment of 1
a fee received by the central repository, the requesting 2
entity shall pay a fee of not more than nine dollars per 3
request for criminal history record information not based on 4
a fingerprint search. In each year beginning on or after 5
January 1, 2010, the superintendent may increase the fee 6
paid by requesting entities by an amount not to exceed one 7
dollar per year, however, under no circumstance shall the 8
fee paid by requesting entities exceed [fifteen] twenty 9
dollars per request. 10
2. For each request requiring the payment of a fee 11
received by the central repository, the requesting entity 12
shall pay a fee of not more than twenty dollars per request 13
for criminal history record information based on a 14
fingerprint search, unless the request is required under the 15
provisions of subdivision (6) of section 210.481, section 16
210.487, or section 571.101, in which case the fee shall be 17
fourteen dollars. 18
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3. Upon establishment of a fingerprinting system 19
within the central repository, the superintendent shall 20
collect the current vendor fee for device usage by 21
requestors under this section. When initially established, 22
the fee shall not exceed the vendor fee then in place for 23
legacy livescan devices under state contract. Thereafter 24
the superintendent may increase the fee by no more than 25
fifty cents per year. The fee shall be deposited to the 26
criminal record system fund. 27
4. A request made under subsections 1 and 2 of this 28
section shall be limited to check and search on one 29
individual. Each request shall be accompanied by a check, 30
warrant, voucher, money order, or electronic payment payable 31
to the state of Missouri-criminal record system or payment 32
shall be made in a manner approved by the highway patrol. 33
The highway patrol may establish procedures for receiving 34
requests for criminal history record information for 35
classification and search for fingerprints, from courts and 36
other entities, and for the payment of such requests. There 37
is hereby established by the treasurer of the state of 38
Missouri a fund to be entitled as the "Criminal Record 39
System Fund". Notwithstanding the provisions of section 40
33.080 to the contrary, if the moneys collected and 41
deposited into this fund are not totally expended annually 42
for the purposes set forth in sections 43.500 to 43.651, the 43
unexpended moneys in such fund shall remain in the fund and 44
the balance shall be kept in the fund to accumulate from 45
year to year. 46
56.265. 1. The county prosecuting attorney in any 1
county[, other than in a chartered county,] shall receive an 2
annual salary computed [using the following schedule, when 3
applicable. The assessed valuation factor shall be the 4
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amount thereof as shown for the year immediately preceding 5
the year for which the computation is done] as provided in 6
this subsection. 7
(1) For a full-time [prosecutor] prosecuting attorney 8
of a charter, first, or second class county, or of a city 9
not within a county, the [prosecutor] prosecuting attorney 10
shall receive compensation equal to one hundred percent of 11
the compensation of [an associate] a circuit judge[;]. 12
(2) [For a part-time prosecutor:] For a full-time 13
prosecuting attorney of a third or fourth class county, the 14
prosecuting attorney shall receive compensation equal to one 15
hundred percent of the compensation of an associate circuit 16
judge or, upon approval by a majority of the county 17
commission, the prosecuting attorney shall receive 18
compensation equal to ninety-five percent of the 19
compensation of a circuit judge. 20
21 [Assessed Valuation Amount
22 $18,000,000 to 40,999,999 $37,000
23 41,000,000 to 53,999,999 38,000
24 54,000,000 to 65,999,999 39,000
25 66,000,000 to 85,999,999 41,000
26 86,000,000 to 99,999,999 43,000
27 100,000,000 to 130,999,999 45,000
28 131,000,000 to 159,999,999 47,000
29 160,000,000 to 189,999,999 49,000
30 190,000,000 to 249,999,999 51,000
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(3) Upon approval by a majority of the county 33
commission, a part-time prosecuting attorney shall receive 34
compensation equal to between thirty and sixty percent of 35
the compensation of an associate circuit judge. 36
(4) Notwithstanding any other provision of this 37
section to the contrary, no prosecuting attorney who has 38
held the office of prosecuting attorney prior to January 1, 39
2027, shall have their compensation lowered by the 40
implementation of the compensation procedures of this 41
section, nor shall any prosecuting attorney have their 42
compensation lowered during their tenure of office. 43
2. Two thousand dollars of the salary shall be payable 44
to any prosecuting attorney only if the prosecuting attorney 45
has completed at least twenty hours of classroom instruction 46
each calendar year relating to the operations of the 47
prosecuting attorney's office when approved by a 48
professional association of the county prosecuting attorneys 49
of Missouri unless exempted from the training by the 50
professional association. The professional association 51
approving the program shall provide a certificate of 52
completion to each prosecuting attorney who completes the 53
training program and shall send a list of certified 54
prosecuting attorneys to the treasurer of each county or 55
city not within a county. Expenses incurred for attending 56
the training session may be reimbursed to the prosecuting 57
attorney in the same manner as other expenses as may be 58
appropriated for that purpose. 59
31 250,000,000 to 299,999,999 53,000
32 300,000,000 or more 55,000]
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3. Each calendar year, five thousand dollars of the 60
salary shall be payable to any prosecuting attorney only if 61
the prosecuting attorney has collected the data described in 62
subsection 2 of section 56.750 in a manner approved by the 63
prosecutors coordinators training council and makes the data 64
described in subsection 2 of section 56.750 readily 65
accessible to the Missouri office of prosecution services. 66
The Missouri office of prosecution services shall provide a 67
certificate of compliance to each prosecuting attorney who 68
complies with this subsection and shall send a list of any 69
certified prosecuting attorney to the respective treasurer 70
of each county or city not within a county. 71
4. For each calendar year, three thousand dollars of 72
the salary shall be payable to any prosecuting attorney only 73
if the prosecuting attorney has provided discovery to 74
criminal defense attorneys who have entered an appearance on 75
behalf of a defendant in a manner approved by the 76
prosecutors coordinators training council. The Missouri 77
office of prosecution services shall provide a certificate 78
of compliance to each prosecuting attorney who complies with 79
this subsection and shall send a list of any certified 80
prosecuting attorney to the respective treasurer of each 81
county or city not within a county. 82
5. As used in this section, the term "prosecuting 83
attorney" includes the circuit attorney of any city not 84
within a county. 85
6. The prosecuting attorney of any county which 86
becomes a county of the first classification during a four- 87
year term of office or a county which passed the proposition 88
authorized by subsection 1 of section 56.363 shall not be 89
required to devote full time to such office pursuant to 90
section 56.067 until the beginning of the prosecuting 91
CCS SS SB 1421 11
attorney's next term of office or until the proposition 92
otherwise becomes effective. 93
7. Notwithstanding any other provision of law to the 94
contrary, any county with a vacancy in the office of 95
prosecuting attorney for more than sixty days may 96
consolidate with one contiguous county with a sitting 97
prosecuting attorney upon a unanimous vote of the county 98
commissions of such counties to establish a cooperative 99
regional prosecuting attorney's office at any time. The 100
prosecuting attorney of the contiguous county shall then 101
become the prosecuting attorney of that region for the 102
remainder of that prosecuting attorney's term of office or 103
until such time as the governor appoints a prosecuting 104
attorney to fill the vacant prosecuting attorney position 105
pursuant to section 105.030. Regional prosecuting attorneys 106
shall be designated as full-time prosecuting attorneys and 107
shall be compensated in the manner provided under the 108
provisions of subdivision (2) of subsection 1 of this 109
section. No two counties that each have sitting prosecuting 110
attorneys shall be permitted to consolidate in the manner 111
described in this section. 112
8. The provisions of section 56.066 shall not apply to 113
full-time prosecutors who are compensated pursuant to 114
subdivision (1) of subsection 1 of this section. 115
9. (1) There is hereby created in the state treasury 116
the "Missouri State Prosecutorial Services Grant Fund", 117
which shall consist of moneys appropriated by the general 118
assembly. 119
(2) The state treasurer shall be custodian of the 120
fund. In accordance with sections 30.170 and 30.180, the 121
state treasurer may approve disbursements. The fund shall 122
be a dedicated fund and, upon appropriation, moneys in this 123
CCS SS SB 1421 12
fund shall be used solely as provided in this section and 124
shall be allocated to counties of the third and fourth 125
classification on the basis of need in order for such 126
counties to be in compliance with the prosecuting attorney 127
compensation provisions of this section. 128
(3) Notwithstanding the provisions of section 33.080 129
to the contrary, any moneys remaining in the fund at the end 130
of the biennium shall not revert to the credit of the 131
general revenue fund. 132
(4) The state treasurer shall invest moneys in the 133
fund in the same manner as other funds are invested. Any 134
interest and moneys earned on such investments shall be 135
credited to the fund. 136
160.3300. 1. School districts may install and operate 1
school bus safety cameras on school buses to be used for the 2
detection of violations of section 304.050, provided that 3
such use is approved by a vote of the school district board 4
of directors. Any image or video recorded by a school bus 5
safety camera that is not used for the purpose of enforcing 6
violations of section 304.050 shall be permanently deleted 7
no later than one hundred eighty days from the date of 8
capture. For purposes of this section, "school bus safety 9
camera" means a device that is affixed to a school bus that 10
records photographs, microphotographs, or electronic images 11
of the front or rear of a vehicle at the time the vehicle is 12
detected for an infraction identified in section 304.050. 13
2. No image or video captured by a school bus safety 14
camera authorized under this section shall be used by a 15
political subdivision for violation detection or enforcement 16
as part of any automated camera system designed to detect 17
traffic violations and issue citations. Nothing in this 18
section shall prohibit a prosecutor from introducing any 19
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image or video captured by a school bus safety camera as 20
evidence in a judicial proceeding. 21
195.417. 1. The limits specified in this section 1
shall not apply to any quantity of such product, mixture, or 2
preparation which must be dispensed, sold, or distributed in 3
a pharmacy pursuant to a valid prescription. 4
2. Within any thirty-day period, no person shall sell, 5
dispense, or otherwise provide to the same individual, and 6
no person shall purchase, receive, or otherwise acquire more 7
than the following amount: any number of packages of any 8
drug product containing any detectable amount of ephedrine, 9
phenylpropanolamine, or pseudoephedrine, or any of their 10
salts or optical isomers, or salts of optical isomers, 11
either as: 12
(1) The sole active ingredient; or 13
(2) One of the active ingredients of a combination 14
drug; or 15
(3) A combination of any of the products specified in 16
subdivisions (1) and (2) of this subsection; 17
in any total amount greater than seven and two-tenths grams, 18
without regard to the number of transactions. 19
3. Within any twenty-four-hour period, no pharmacist, 20
intern pharmacist, or registered pharmacy technician shall 21
sell, dispense, or otherwise provide to the same individual, 22
and no person shall purchase, receive, or otherwise acquire 23
more than the following amount: any number of packages of 24
any drug product containing any detectable amount of 25
ephedrine, phenylpropanolamine, or pseudoephedrine, or any 26
of their salts or optical isomers, or salts of optical 27
isomers, either as: 28
(1) The sole active ingredient; or 29
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(2) One of the active ingredients of a combination 30
drug; or 31
(3) A combination of any of the products specified in 32
subdivisions (1) and (2) of this subsection; 33
in any total amount greater than three and six-tenths grams 34
without regard to the number of transactions. 35
4. Within any twelve-month period, no person shall 36
sell, dispense, or otherwise provide to the same individual, 37
and no person shall purchase, receive, or otherwise acquire 38
more than the following amount: any number of packages of 39
any drug product containing any detectable amount of 40
ephedrine, phenylpropanolamine, or pseudoephedrine, or any 41
of their salts or optical isomers, or salts of optical 42
isomers, either as: 43
(1) The sole active ingredient; or 44
(2) One of the active ingredients of a combination 45
drug; or 46
(3) A combination of any of the products specified in 47
subdivisions (1) and (2) of this subsection; 48
in any total amount greater than [forty-three] sixty-one and 49
two-tenths grams, without regard to the number of 50
transactions. 51
5. All packages of any compound, mixture, or 52
preparation containing any detectable quantity of ephedrine, 53
phenylpropanolamine, or pseudoephedrine, or any of their 54
salts or optical isomers, or salts of optical isomers, 55
except those that are excluded from Schedule V in subsection 56
17 or 18 of section 195.017, shall be offered for sale only 57
from behind a pharmacy counter where the public is not 58
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permitted, and only by a registered pharmacist or registered 59
pharmacy technician under section 195.017. 60
6. Each pharmacy shall submit information regarding 61
sales of any compound, mixture, or preparation as specified 62
in this section in accordance with transmission methods and 63
frequency established by the department by regulation. 64
7. (1) As used in this subsection, "administrator of 65
the real-time electronic pseudoephedrine tracking system" 66
means the entity responsible for developing, implementing, 67
and maintaining the data collection system described in 19 68
CSR 30-1.074 or any successor regulation. 69
(2) Beginning October 1, 2026, and continuing 70
thereafter, any manufacturer of any compound, mixture, or 71
preparation specified in this section that is sold in or 72
into the state shall, on a monthly basis, pay fees to the 73
administrator of the real-time electronic pseudoephedrine 74
tracking system. 75
(3) The administrator of the real-time electronic 76
pseudoephedrine tracking system shall be responsible for 77
setting the fee levels required under this subsection. 78
(4) Upon the request of the department of health and 79
senior services, any manufacturer required to pay fees under 80
this subsection shall provide written documentation 81
demonstrating that the manufacturer has paid such fees. 82
(5) The fees required under this subsection shall be 83
assessed against each manufacturer solely on the basis of 84
sales transactions involving that manufacturer's own 85
compounds, mixtures, or preparations sold in or into the 86
state. No manufacturer shall be assessed fees based upon 87
transactions attributable to the compounds, mixtures, or 88
preparations of any other manufacturer. 89
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8. No prescription shall be required for the 90
dispensation, sale, or distribution of any drug product 91
containing any detectable amount of ephedrine, 92
phenylpropanolamine, or pseudoephedrine, or any of their 93
salts or optical isomers, or salts of optical isomers, in an 94
amount within the limits described in subsections 2, 3, and 95
4 of this section. The superintendent of the Missouri state 96
highway patrol shall report to the revisor of statutes and 97
the general assembly by February first when the statewide 98
number of methamphetamine laboratory seizure incidents 99
exceeds three hundred incidents in the previous calendar 100
year. The provisions of this subsection shall expire on 101
April first of the calendar year in which the revisor of 102
statutes receives such notification. 103
[8.] 9. This section shall supersede and preempt any 104
local ordinances or regulations, including any ordinances or 105
regulations enacted by any political subdivision of the 106
state. This section shall not apply to the sale of any 107
animal feed products containing ephedrine or any naturally 108
occurring or herbal ephedra or extract of ephedra. 109
[9.] 10. Any local ordinances or regulations enacted 110
by any political subdivision of the state prior to August 111
28, 2020, requiring a prescription for the dispensation, 112
sale, or distribution of any drug product containing any 113
detectable amount of ephedrine, phenylpropanolamine, or 114
pseudoephedrine, or any of their salts or optical isomers, 115
or salts of optical isomers, in an amount within the limits 116
described in subsections 2, 3, and 4 of this section shall 117
be void and of no effect and no such political subdivision 118
shall maintain or enforce such ordinance or regulation. 119
[10.] 11. All logs, records, documents, and electronic 120
information maintained for the dispensing of these products 121
CCS SS SB 1421 17
shall be open for inspection and copying by municipal, 122
county, and state or federal law enforcement officers whose 123
duty it is to enforce the controlled substances laws of this 124
state or the United States. 125
[11.] 12. All persons who dispense or offer for sale 126
pseudoephedrine and ephedrine products, except those that 127
are excluded from Schedule V in subsection 17 or 18 of 128
section 195.017, shall ensure that all such products are 129
located only behind a pharmacy counter where the public is 130
not permitted. 131
[12.] 13. The penalty for a knowing or reckless 132
violation of this section is found in section 579.060. 133
210.1700. 1. As used in this section, the following 1
terms mean: 2
(1) "Overnight camp", a program operated by a person 3
or organization that includes the hours between 9:00 p.m. 4
and 6:00 a.m. but not for two or more sequential overnights; 5
(2) "Residential camp", a program operated by a person 6
or organization that includes the hours between 9:00 p.m. 7
and 6:00 a.m. for two or more sequential overnights. 8
2. Each overnight camp or residential camp staff 9
member or volunteer who is eighteen years of age or older 10
shall have received a qualifying criminal background check 11
as defined in 210.1080. 12
301.287. 1. This section shall be known and referred 1
to as "Mason's Law". 2
2. Beginning January 1, 2027, a resident of this state 3
with a health condition or disability that limits or impairs 4
the ability to effectively communicate with law enforcement 5
may, at any time, apply to the department of revenue for a 6
designation that shall be associated with the person's 7
driver's license issued under chapter 302 and motor vehicle 8
CCS SS SB 1421 18
license plate or plates issued under this chapter and 9
available to law enforcement under the Missouri uniform law 10
enforcement system (MULES) established under chapter 43. 11
3. The initial application, which shall be on a form 12
prescribed by the department and made available on the 13
department's website, shall by signed by a physician 14
licensed under chapter 334, or a psychologist licensed under 15
chapter 337, certifying that: 16
(1) The applicant or the applicant's child, parent, or 17
spouse has a physical or mental health condition that is 18
likely to impair the ability to effectively communicate with 19
law enforcement; and 20
(2) The physician or psychologist has determined that 21
the applicant or the applicant's child, parent, or spouse 22
will have the communication impairment for at least five 23
years. 24
4. Upon submission of an application and approval by 25
the department, the department shall prepare an entry in the 26
department's records that is accessible to law enforcement 27
via MULES and that indicates that the applicant or the 28
applicant's child, parent, or spouse has a physical or 29
mental health condition that may impair the ability to 30
effectively communicate with law enforcement. Such entry as 31
related to the applicant's driver's license shall remain 32
active until the expiration of their driver's license. Such 33
entry as related to the applicant's motor vehicle license 34
plate or plates shall remain active for a period of five 35
years, unless the applicant requests that such designation 36
be removed from the records. Upon expiration of the five- 37
year period, the designation in MULES may be reactivated 38
upon the filing of a renewal form with the department signed 39
CCS SS SB 1421 19
by a physician licensed under chapter 334, or a psychologist 40
licensed under chapter 337, certifying that: 41
(1) The applicant or the applicant's child, parent, or 42
spouse has a physical or mental health condition that is 43
likely to impair the ability to effectively communicate with 44
law enforcement; and 45
(2) The physician or psychologist has determined that 46
the applicant or the applicant's child, parent, or spouse 47
will have the communication impairment for at least five 48
years. 49
5. The department of public safety shall issue 50
guidance and education materials to all law enforcement 51
agencies in this state to promote awareness of the 52
designation established under this section. 53
6. The department of revenue may promulgate all 54
necessary rules and regulations for the administration of 55
this section. Any rule or portion of a rule, as that term 56
is defined in section 536.010, that is created under the 57
authority delegated in this section shall become effective 58
only if it complies with and is subject to all of the 59
provisions of chapter 536 and, if applicable, section 60
536.028. This section and chapter 536 are nonseverable and 61
if any of the powers vested with the general assembly 62
pursuant to chapter 536 to review, to delay the effective 63
date, or to disapprove and annul a rule are subsequently 64
held unconstitutional, then the grant of rulemaking 65
authority and any rule proposed or adopted after August 28, 66
2026, shall be invalid and void. 67
302.302. 1. The director of revenue shall put into 1
effect a point system for the suspension and revocation of 2
licenses. Points shall be assessed only after a conviction 3
CCS SS SB 1421 20
or forfeiture of collateral. The initial point value is as 4
follows: 5
6
7
8
9
10
11
12
13
(1) Any moving violation of a state law
or county or municipal or federal
traffic ordinance or regulation not
listed in this section, other than a
violation of vehicle equipment
provisions or a court-ordered
supervision as provided in section
302.303
2 points
14
15
16
(except any violation of municipal
stop sign ordinance where no accident
is involved
1 point)
17 (2) Speeding
18 In violation of a state law 3 points
19
20
In violation of a county or municipal
ordinance
2 points
21
22
(3) Leaving the scene of an accident in
violation of section 577.060
12 points
23
24
In violation of any county or
municipal ordinance
6 points
25
26
27
(4) Careless and imprudent driving in
violation of subsection 4 of section
304.016
4 points
28
29
In violation of a county or municipal
ordinance
2 points
30
31
32
(5) Operating without a valid license in
violation of subdivision (1) or (2) of
subsection 1 of section 302.020:
33 (a) For the first conviction 2 points
CCS SS SB 1421 21
34 (b) For the second conviction 4 points
35 (c) For the third conviction 6 points
36
37
38
(6) Operating with a suspended or revoked
license prior to restoration of
operating privileges
12 points
39
40
(7) Obtaining a license by
misrepresentation
12 points
41
42
43
44
(8) For the first conviction of driving
while in an intoxicated condition or
under the influence of controlled
substances or drugs
8 points
45
46
47
48
49
50
51
52
53
(9) For the second or subsequent
conviction of any of the following
offenses however combined: driving
while in an intoxicated condition,
driving under the influence of
controlled substances or drugs or
driving with a blood alcohol content
of eight-hundredths of one percent or
more by weight
12 points
54
55
56
57
(10) For the first conviction for driving
with blood alcohol content eight-
hundredths of one percent or more by
weight
58 In violation of state law 8 points
59
60
61
In violation of a county or municipal
ordinance or federal law or
regulation
8 points
62
63
(11) Any felony involving the use of a
motor vehicle
12 points
64
65
(12) Knowingly permitting unlicensed
operator to operate a motor vehicle
4 points
CCS SS SB 1421 22
2. The director shall, as provided in subdivision (5) 95
of subsection 1 of this section, assess an operator points 96
for a conviction pursuant to subdivision (1) or (2) of 97
subsection 1 of section 302.020, when the director issues 98
66
67
68
69
70
(13) For a conviction for failure to
maintain financial responsibility
pursuant to county or municipal
ordinance or pursuant to section
303.025
4 points
71
72
(14) Endangerment of a highway worker in
violation of section 304.585
4 points
73
74
75
(15) Aggravated endangerment of a highway
worker in violation of section
304.585
12 points
76
77
78
79
80
81
82
83
84
(16) For a conviction of violating a
municipal ordinance that prohibits tow
truck operators from stopping at or
proceeding to the scene of an accident
unless they have been requested to
stop or proceed to such scene by a
party involved in such accident or
by an officer of a public safety
agency
4 points
85
86
87
(17) Endangerment of an emergency
responder in violation of section
304.894
4 points
88
89
90
(18) Aggravated endangerment of an
emergency responder in violation of
section 304.894
12 points
91
92
93
94
(19) Failure to stop for a school bus that
is receiving or discharging students,
in violation of subsection 1 of
section 304.050
5 points
CCS SS SB 1421 23
such operator a license or permit pursuant to the provisions 99
of sections 302.010 to 302.340. 100
3. An additional two points shall be assessed when 101
personal injury or property damage results from any 102
violation listed in subdivisions (1) to (13) of subsection 1 103
of this section and if found to be warranted and certified 104
by the reporting court. 105
4. When any of the acts listed in subdivision (2), 106
(3), (4) or (8) of subsection 1 of this section constitutes 107
both a violation of a state law and a violation of a county 108
or municipal ordinance, points may be assessed for either 109
violation but not for both. Notwithstanding that an offense 110
arising out of the same occurrence could be construed to be 111
a violation of subdivisions (8), (9) and (10) of subsection 112
1 of this section, no person shall be tried or convicted for 113
more than one offense pursuant to subdivisions (8), (9) and 114
(10) of subsection 1 of this section for offenses arising 115
out of the same occurrence. 116
5. The director of revenue shall put into effect a 117
system for staying the assessment of points against an 118
operator. The system shall provide that the satisfactory 119
completion of a driver-improvement program or, in the case 120
of violations committed while operating a motorcycle, a 121
motorcycle-rider training course approved by the state 122
highways and transportation commission, by an operator, when 123
so ordered and verified by any court having jurisdiction 124
over any law of this state or county or municipal ordinance, 125
regulating motor vehicles, other than a violation committed 126
in a commercial motor vehicle as defined in section 302.700 127
or a violation committed by an individual who has been 128
issued a commercial driver's license or is required to 129
obtain a commercial driver's license in this state or any 130
CCS SS SB 1421 24
other state, shall be accepted by the director in lieu of 131
the assessment of points for a violation pursuant to 132
subdivision (1), (2) or (4) of subsection 1 of this section 133
or pursuant to subsection 3 of this section. The operator 134
shall be given the option to complete the driver-improvement 135
program through an online or in-person course. A court 136
using a centralized violation bureau established under 137
section 476.385 may elect to have the bureau order and 138
verify completion of a driver-improvement program or 139
motorcycle-rider training course as prescribed by order of 140
the court. For the purposes of this subsection, the driver- 141
improvement program shall meet or exceed the standards of 142
the National Safety Council's eight-hour "Defensive Driving 143
Course" or, in the case of a violation which occurred during 144
the operation of a motorcycle, the program shall meet the 145
standards established by the state highways and 146
transportation commission pursuant to sections 302.133 to 147
302.137. The completion of a driver-improvement program or 148
a motorcycle-rider training course shall not be accepted in 149
lieu of points more than one time in any thirty-six-month 150
period and shall be completed within sixty days of the date 151
of conviction in order to be accepted in lieu of the 152
assessment of points. Every court having jurisdiction 153
pursuant to the provisions of this subsection shall, within 154
fifteen days after completion of the driver-improvement 155
program or motorcycle-rider training course by an operator, 156
forward a record of the completion to the director, all 157
other provisions of the law to the contrary 158
notwithstanding. The director shall establish procedures 159
for record keeping and the administration of this subsection. 160
304.070. 1. Any person who violates any of the 1
provisions of subsections 1, 3, and 7 of section 304.050 is 2
CCS SS SB 1421 25
guilty of a class A misdemeanor. [In addition, the court 3
may suspend the driver's license of any person who violates 4
the provision of subsection 1 of section 304.050. If 5
ordered by the court, the director shall suspend the 6
driver's license for ninety days for a first offense of 7
subsection 1 of section 304.050, and one hundred twenty days 8
for a second or subsequent offense of subsection 1 of 9
section 304.050.] Any person who violates subsection 1 of 10
section 304.050 where such violation results in the physical 11
injury of any child shall be guilty of a class E felony. 12
Any person who violates subsection 1 of section 304.050 13
where such violation causes the serious physical injury or 14
death of any child shall be guilty of a class D felony. For 15
the purposes of this subsection, "physical injury" means 16
physical pain, illness, or any impairment of physical 17
condition including, but not limited to, bruising, 18
lacerations, hematomas, welts, or permanent or temporary 19
disfigurement and impairment of any bodily function or 20
organ. The term "serious physical injury" means a physical 21
injury that creates a substantial risk of death or that 22
causes serious disfigurement or protracted loss or 23
impairment of the function of any part of the body. 24
2. [Any appeal of a suspension imposed under 25
subsection 1 of this section shall be a direct appeal of the 26
court order and subject to review by the presiding judge of 27
the circuit court or another judge within the circuit other 28
than the judge who issued the original order to suspend the 29
driver's license. The director of revenue's entry of the 30
court-ordered suspension on the driving record is not a 31
decision subject to review pursuant to section 302.311. Any 32
suspension of the driver's license ordered by the court 33
under this section shall be in addition to any other 34
CCS SS SB 1421 26
suspension that may occur as a result of the conviction 35
pursuant to other provisions of law] Notwithstanding any 36
other provision of law to the contrary, any person found 37
guilty of a violation of subsection 1 of section 304.050 38
shall be subject to the following fines: 39
(1) For a first offense, a fine of at least five 40
hundred dollars but not more than one thousand dollars; 41
(2) For a second offense within a five-year period, a 42
fine of at least one thousand dollars but not more than two 43
thousand dollars; and 44
(3) For a third or subsequent offense within a five- 45
year period, a fine of at least one thousand five hundred 46
dollars but not more than three thousand dollars. 47
No court shall suspend any portion of the fines established 48
under this subsection. 49
3. No violation of subsection 1 of section 304.050 50
shall be disposed of through the state fine collection 51
center or by payment of a fine without an appearance in open 52
court. The defendant shall appear in person or by attorney 53
for disposition. 54
4. The driver's license of any person found guilty of 55
a first violation of subsection 1 of section 304.050 may be 56
suspended by the director of revenue, with such suspension 57
at the discretion of the court. The director of revenue 58
shall suspend the driver's license of any person found 59
guilty of a violation of subsection 1 of section 304.050, as 60
follows: 61
(1) For a second offense within a five-year period, 62
ninety days; and 63
(2) For a third or subsequent offense within a five- 64
year period, one hundred eighty days. 65
CCS SS SB 1421 27
Such suspensions shall be mandatory and shall be in addition 66
to any other driver's license suspension or revocation 67
required or authorized under chapter 302. 68
5. The fines and suspensions required under 69
subsections 2 and 4 of this section shall apply to all 70
violations of subsection 1 of section 304.050, including 71
violations resulting in injury or death of a child, and 72
shall be in addition to the penalties listed under 73
subsection 1 of this section. 74
320.405. 1. For purposes of this section, the 1
following terms mean: 2
(1) "Division", the Missouri division of fire safety 3
within the department of public safety; 4
(2) "Missouri fire and life safety standards", minimum 5
fire-protection and life-safety requirements adopted by the 6
division under this section, informed by nationally 7
recognized fire and building safety principles including, 8
but not limited to, best practices reflected in the 9
International Fire Code (IFC), the International Building 10
Code (IBC), and applicable National Fire Protection 11
Association (NFPA) standards, without adopting any model 12
code in whole; 13
(3) "State-inspected facility", any building or 14
occupancy required under Missouri law or regulation to 15
undergo fire-safety inspections conducted by, or under the 16
authority of, the division. The term "state-inspected 17
facility" shall not include facilities licensed under 18
chapter 198. 19
2. (1) No later than July 1, 2027, the division 20
shall, by rule, adopt Missouri fire and life safety 21
standards establishing minimum requirements for fire 22
protection, means of egress, fire resistance, detection and 23
CCS SS SB 1421 28
alarm systems, suppression systems, emergency operations, 24
and related safety measures for state-inspected facilities. 25
(2) The division may incorporate by reference specific 26
technical provisions, methods, formulas, or performance 27
criteria derived from nationally recognized fire and 28
building safety standards, provided that no model code shall 29
be adopted in whole. 30
(3) The division may adopt amendments, exceptions, or 31
Missouri-specific modifications as necessary to account for 32
regional conditions, facility types, or statutory 33
requirements. 34
(4) The division shall review the Missouri fire and 35
life safety standards at least every five years and may 36
update such standards by rule under chapter 536. 37
3. Beginning January 1, 2028, the Missouri fire and 38
life safety standards shall apply to a state-inspected 39
facility under any of the following conditions: 40
(1) Initial construction of a state-inspected facility; 41
(2) Major renovation affecting means of egress, 42
detection, alarm, or suppression systems; 43
(3) Transfer of ownership, including sale, conveyance, 44
merger, or change in controlling interest; and 45
(4) Any addition, alteration, or series of related 46
improvements to a state-inspected facility that, in 47
aggregate, are reasonably determined by the division to 48
constitute a substantial improvement, meaning construction, 49
reconstruction, rehabilitation, or installation work where 50
the total cost or scope of work equals or exceeds fifty 51
percent of the facility's pre-improvement market value. For 52
purposes of this subdivision, a formal appraisal shall not 53
be required, and the division may rely on reasonable cost 54
estimates, permit valuations, construction contracts, or the 55
CCS SS SB 1421 29
nature of the work performed including, but not limited to, 56
the installation of new fire protection, detection, alarm, 57
or suppression systems. 58
4. Except as provided in subsection 3 of this section, 59
state-inspected facilities existing prior to August 28, 60
2026, shall be considered lawfully nonconforming and shall 61
not be required to comply with the Missouri fire and life 62
safety standards. 63
5. (1) Nothing in this section shall prohibit any 64
city, county, or fire protection district from adopting 65
requirements more stringent than the Missouri fire and life 66
safety standards. 67
(2) No political subdivision shall apply standards 68
less stringent than the Missouri fire and life safety 69
standards to any facility regulated under this section. 70
(3) Nothing in this section shall be construed as 71
creating a statewide building or fire code applicable to any 72
occupancy not already subject to inspection by the division. 73
6. (1) Compliance with the Missouri fire and life 74
safety standards shall be verified through inspections 75
conducted by the division or an authorized local 76
jurisdiction. 77
(2) A state-inspected facility shall not be licensed, 78
certified, or approved for operation unless the division 79
determines that the facility meets the applicable 80
requirements of this section. 81
(3) The division may issue correction orders, 82
reinspections, or occupancy limitations as authorized by law. 83
7. Any rule or portion of a rule, as that term is 84
defined in section 536.010, that is created under the 85
authority delegated in this section shall become effective 86
only if it complies with and is subject to all of the 87
CCS SS SB 1421 30
provisions of chapter 536 and, if applicable, section 88
536.028. This section and chapter 536 are nonseverable and 89
if any of the powers vested with the general assembly 90
pursuant to chapter 536 to review, to delay the effective 91
date, or to disapprove and annul a rule are subsequently 92
held unconstitutional, then the grant of rulemaking 93
authority and any rule proposed or adopted after August 28, 94
2026, shall be invalid and void. 95
324.1100. As used in sections 324.1100 to 324.1148, 1
the following terms mean: 2
(1) "Board", the board of private [investigator and 3
private fire investigator examiners] investigators, private 4
fire investigators, and professional surety bail bond agents 5
established in section 324.1102; 6
(2) "Client", any person who engages the services of a 7
private investigator or a private fire investigator; 8
(3) "Department", the department of commerce and 9
insurance; 10
(4) "Director", the director of the division of 11
professional registration; 12
(5) "Division", the division of professional 13
registration; 14
(6) "Insurance adjuster", any person who receives any 15
consideration, either directly or indirectly, for adjusting 16
in the disposal of any claim under or in connection with a 17
policy of insurance or engaging in soliciting insurance 18
adjustment business; 19
(7) "Law enforcement officer", a law enforcement 20
officer as defined in section 556.061; 21
(8) "Organization", a corporation, trust, estate, 22
partnership, cooperative, or association; 23
(9) "Person", an individual or organization; 24
CCS SS SB 1421 31
(10) "Principal place of business", the place where 25
the licensee maintains a permanent office, which may be a 26
residence or business address; 27
(11) "Private fire investigation", the furnishing of, 28
making of, or agreeing to make any investigation of a fire 29
to determine the origin or cause of such fire, or 30
responsibility for such fire; 31
(12) "Private fire investigator", any person who 32
receives any consideration, either directly or indirectly, 33
for engaging in private fire investigation; 34
(13) "Private fire investigator agency", a person or 35
firm that employees any person to engage in private fire 36
investigations; 37
(14) "Private investigator", any person who receives 38
any consideration, either directly or indirectly, for 39
engaging in the private investigator business; 40
(15) "Private investigator agency", a person who 41
regularly employs any other person, other than an 42
organization, to engage in the private investigator business; 43
(16) "Private investigator business", the furnishing 44
of, making of, or agreeing to make, any investigation for 45
the purpose of obtaining information pertaining to: 46
(a) Crimes or wrongs done or threatened against the 47
United States or any state or territory of the United States; 48
(b) The identity, habits, conduct, business, 49
occupation, honesty, integrity, credibility, knowledge, 50
trustworthiness, efficiency, loyalty, activity, movement, 51
whereabouts, affiliations, associations, transactions, acts, 52
reputation, or character of any person; 53
(c) The location, disposition, or recovery of lost or 54
stolen property; 55
CCS SS SB 1421 32
(d) Securing evidence to be used before any court, 56
board, officer, or investigating committee; 57
(e) Sale of personal identification information to the 58
public; or 59
(f) The cause of responsibility for libel, losses, 60
accident, or damage or injury to persons or property or 61
protection of life or property. 62
324.1102. 1. The "Board of Private [Investigator and 1
Private Fire Investigator Examiners] Investigators, Private 2
Fire Investigators, and Professional Surety Bail Bond 3
Agents" is hereby created within the division of 4
professional registration. The board shall be a body 5
corporate and may sue and be sued. The board shall guide, 6
advise, and make recommendations to the division and fulfill 7
all other responsibilities designated by sections 324.1100 8
to 324.1148 and sections 324.2100 to 324.2187. The duties 9
and responsibilities of the board with regard to [private 10
fire investigators] professional surety bail bond agents 11
shall not take full force and effect until such time as the 12
governor appoints the [fire investigator] bail bond agent 13
members and the appointments are confirmed by the senate. 14
Members serving on the board of private investigator and 15
private fire investigator examiners on August 28, [2011] 16
2026, shall continue to serve on the board, fulfill the term 17
they were previously appointed for, and be eligible for 18
reappointment. 19
2. Upon appointment by the governor and confirmation 20
by the senate of the [private fire investigator] bail bond 21
agent members, the board of private investigator [examiners 22
and the board of licensed] and private fire investigator 23
examiners [are] is abolished and [their] its duties and 24
responsibilities shall merge into the board of private 25
CCS SS SB 1421 33
[investigator and private fire investigator examiners] 26
investigators, private fire investigators, and professional 27
surety bail bond agents as established pursuant to this 28
section. The board shall be a continuance of and shall 29
carry out the powers, duties, and functions of the board of 30
private investigator [examiners and the board of licensed] 31
and private fire investigator examiners. 32
3. Every act performed in the exercise of such powers, 33
duties, and authorities by or under the authority of the 34
board of private [investigator and private fire investigator 35
examiners] investigators, private fire investigators, and 36
professional surety bail bond agents shall be deemed to have 37
the same force and effect as if performed by the board of 38
private investigator [examiners or the board of licensed] 39
and private fire investigator examiners. 40
4. All rules and regulations of the board of private 41
investigator and private fire investigator examiners and all 42
rules promulgated under sections 374.695 to 374.789 shall 43
continue to be effective and shall be deemed to be duly 44
adopted rules and regulations of the board of private 45
[investigator and private fire investigator examiners] 46
investigators, private fire investigators, and professional 47
surety bail bond agents until revised, amended, or repealed 48
by the board. The board shall review such rules and 49
regulations and shall adopt new rules and regulations as 50
required for the administration of sections 324.1100 to 51
324.1148 and sections 324.2100 to 324.2187. 52
5. Any person licensed [by the board of private 53
investigator examiners] under sections 374.695 to 374.789 54
prior to the appointment by the governor and confirmation by 55
the senate of the [private fire investigator] professional 56
CCS SS SB 1421 34
surety bail bond members of the board shall be considered 57
licensed by the board. 58
6. The board shall be composed of [seven] ten members, 59
three members who have been actively engaged in the private 60
investigator business for the previous five years, two 61
members who have been actively engaged in private fire 62
investigation for the previous five years, three members who 63
have been actively engaged in the general bail bond business 64
or surety recovery for the previous five years, and two 65
public members, appointed by the governor with the advice 66
and consent of the senate. Each member of the board shall 67
be a citizen of the United States, a resident of Missouri 68
for at least one year, and a registered voter. No more than 69
one private investigator [or], private fire investigator, or 70
professional surety bail bond board member may be employed 71
by, or affiliated with, the same private investigator agency 72
[or], private fire investigator agency, or bail bond 73
business. The initial [fire investigator] professional 74
surety bail bond board members shall not be required to be 75
licensed but shall obtain a license within one hundred 76
eighty days after the effective date of the rules regarding 77
the licensure of [private fire investigators] professional 78
surety bail bond agents. The public members shall each be a 79
person who is not and never was a member of any profession 80
licensed or regulated under sections 324.1100 to 324.1148 or 81
sections 324.2100 to 324.2187 or the spouse of such person; 82
and a person who does not have and never has had a material, 83
financial interest in either the providing of the 84
professional services regulated by sections 324.1100 to 85
324.1148 or sections 324.2100 to 324.2187, or an activity or 86
organization directly related to any profession licensed or 87
CCS SS SB 1421 35
regulated under sections 324.1100 to 324.1148 or sections 88
324.2100 to 324.2187. 89
7. The members shall be appointed for terms of five 90
years, except of the first two members appointed who are 91
fire investigators, one member shall be appointed for a term 92
of five years and one member shall be appointed for a term 93
of three years. Any vacancy on the board shall be filled 94
for the unexpired term of the member. 95
8. The members of the board may receive compensation, 96
as determined by the director for their services, if 97
appropriate, and shall be reimbursed for actual and 98
necessary expenses incurred in performing their official 99
duties on the board. 100
9. All money held in the board of private investigator 101
and private fire investigator examiners fund shall be 102
transferred to the "Board of Private [Investigator and 103
Private Fire Investigator Examiners] Investigators, Private 104
Fire Investigators, and Professional Surety Bail Bond Agents 105
Fund" which is hereby created. The board of private 106
[investigator and private fire investigator examiners] 107
investigators, private fire investigators, and professional 108
surety bail bond agents fund shall consist of money 109
collected under sections 324.1100 to 324.1148 and sections 110
324.2100 to 324.2187. The state treasurer shall be 111
custodian of the fund and may approve disbursements from the 112
fund in accordance with the provisions of sections 30.170 113
and 30.180. Upon appropriation, money in the fund shall be 114
used solely for the administration of sections 324.1100 to 115
324.1148 and sections 324.2100 to 324.2187. The provisions 116
of section 33.080 to the contrary notwithstanding, money in 117
this fund shall not be transferred and placed to the credit 118
of general revenue until the amount in the fund at the end 119
CCS SS SB 1421 36
of the biennium exceeds two times the amount of the 120
appropriation from the board's funds for the preceding 121
fiscal year or, if the board requires by rule permit renewal 122
less frequently than yearly, then three times the 123
appropriation from the board's funds for the preceding 124
fiscal year. The amount, if any, in the fund which shall 125
lapse is that amount in the fund which exceeds the 126
appropriate multiple of the appropriations from the board's 127
funds for the preceding fiscal year. 128
324.1103. For the purposes of sections 324.1100 to 1
324.1148 and sections 324.2100 to 324.2187, the division 2
shall: 3
(1) Employ board personnel, within the limits of the 4
appropriations for that purpose as established in sections 5
324.1100 to 324.1148 and sections 324.2100 to 324.2187; 6
(2) Exercise all administrative functions; 7
(3) Deposit all fees collected under sections 324.1100 8
to 324.1148 and sections 324.2100 to 324.2187 by 9
transmitting such funds to the department of revenue for 10
deposit in the state treasury to the credit of the board of 11
private [investigator and private fire investigator 12
examiners] investigators, private fire investigators, and 13
professional surety bail bond agents fund. 14
324.1105. 1. The board of private [investigator and 1
private fire investigator examiners] investigators, private 2
fire investigators, and professional surety bail bond agents 3
may require that fingerprint submissions be made as part of 4
an application seeking licensure as a private investigator 5
or private fire investigator or as an employee of a private 6
investigator agency or private fire investigator agency, as 7
such terms are defined in section 324.1100. 8
CCS SS SB 1421 37
2. If the board of private [investigator and private 9
fire investigator examiners] investigators, private fire 10
investigators, and professional surety bail bond agents 11
requires that fingerprint submissions be made as part of 12
such application, the board of private [investigator and 13
private fire investigator examiners] investigators, private 14
fire investigators, and professional surety bail bond agents 15
shall require applicants to submit the fingerprints to the 16
Missouri state highway patrol for the purpose of conducting 17
a state and federal fingerprint-based criminal history 18
background check. 19
3. The fingerprints and any required fees shall be 20
sent to the Missouri state highway patrol's central 21
repository. The fingerprints shall be used for searching 22
the state criminal records repository and shall also be 23
forwarded to the Federal Bureau of Investigation for a 24
federal criminal records search under section 43.540. The 25
Missouri state highway patrol shall notify the board of 26
private [investigator and private fire investigator 27
examiners] investigators, private fire investigators, and 28
professional surety bail bond agents of any criminal history 29
record information or lack of criminal history record 30
information discovered on the individual. Notwithstanding 31
the provisions of section 610.120 to the contrary, all 32
records related to any criminal history information 33
discovered shall be accessible and available to the board of 34
private [investigator and private fire investigator 35
examiners] investigators, private fire investigators, and 36
professional surety bail bond agents. 37
324.1116. A private investigator agency or private 1
fire investigator agency shall not hire any individual as an 2
employee unless the individual: 3
CCS SS SB 1421 38
(1) Is at least twenty-one years of age; 4
(2) Provides two recent photographs of themselves, of 5
a type prescribed by the board [of private investigator 6
examiners]; 7
(3) Has been fingerprinted in a manner approved by the 8
Missouri state highway patrol, central repository, under 9
section 43.543; and 10
(4) Complies with any other qualifications and 11
requirements the board adopts by rule. 12
324.1134. 1. The board may suspend or refuse to issue 1
or renew any certificate of registration or authority, 2
permit or license required under sections 324.1100 to 3
324.1148 for one or any combination of causes stated in 4
subsection 2 of this section. The board shall notify the 5
applicant in writing of the reasons for the suspension or 6
refusal and shall advise the applicant of the applicant's 7
right to file a complaint with the administrative hearing 8
commission as provided by chapter 621. As an alternative to 9
a refusal to issue or renew any certificate, registration or 10
authority, the board may, at its discretion, issue a license 11
which is subject to probation, restriction or limitation to 12
an applicant for licensure for any one or any combination of 13
causes stated in subsection 2 of this section. The board's 14
order of probation, limitation or restriction shall contain 15
a statement of the discipline imposed, the basis therefor, 16
the date such action shall become effective, and a statement 17
that the applicant has thirty days to request in writing a 18
hearing before the administrative hearing commission. If 19
the board issues a probationary, limited or restricted 20
license to an applicant for licensure, either party may file 21
a written petition with the administrative hearing 22
commission within thirty days of the effective date of the 23
CCS SS SB 1421 39
probationary, limited or restricted license seeking review 24
of the board's determination. If no written request for a 25
hearing is received by the administrative hearing commission 26
within the thirty-day period, the right to seek review of 27
the board's decision shall be considered as waived. 28
2. The board may cause a complaint to be filed with 29
the administrative hearing commission as provided by chapter 30
621 against any holder of any certificate of registration or 31
authority, permit or license required by sections 324.1100 32
to 324.1148 or any person who has failed to renew or has 33
surrendered the person's certificate of registration or 34
authority, permit or license for any one or any combination 35
of the following causes: 36
(1) Making any false statement or giving any false 37
information or given any false information in connection 38
with an application for a license or a renewal or 39
reinstatement thereof; 40
(2) Violating any provision of sections 324.1100 to 41
324.1148; 42
(3) Violating any rule of the board [of private 43
investigator examiners] adopted under the authority 44
contained in sections 324.1100 to 324.1148; 45
(4) Impersonating, or permitting or aiding and 46
abetting an employee to impersonate, a law enforcement 47
officer, fire safety officer, or employee of the United 48
States of America, or of any state or political subdivision 49
thereof; 50
(5) Committing, or permitting any employee to commit 51
any act, while the license was expired, which would be cause 52
for the suspension or revocation of a license, or grounds 53
for the denial of an application for a license; 54
CCS SS SB 1421 40
(6) Knowingly violating, or advising, encouraging, or 55
assisting the violation of, any court order or injunction in 56
the course of business as a licensee; 57
(7) Using any letterhead, advertisement, or other 58
printed matter, or in any manner whatever represented that 59
such person is an instrumentality of the federal government, 60
a state, or any political subdivision thereof; 61
(8) Using a name different from that under which such 62
person is currently licensed in any advertisement, 63
solicitation, or contract for business; 64
(9) Violating or assisting or enabling any person to 65
violate any provision of this chapter or any lawful rule or 66
regulation adopted pursuant to the authority granted in this 67
chapter; or 68
(10) Committing any act which is grounds for denial of 69
an application for a license under section 324.1112. 70
3. The record of conviction, or a certified copy 71
thereof, shall be conclusive evidence of such conviction, 72
and a plea or verdict of guilty is deemed to be a conviction 73
within the meaning thereof. 74
4. The agency may continue under the direction of 75
another employee if the licensee's license is suspended or 76
revoked by the board. The board shall establish a time 77
frame in which the agency shall identify an acceptable 78
person who is qualified to assume control of the agency, as 79
required by the board. 80
5. After the filing of a complaint before the 81
administrative hearing commission, the proceedings shall be 82
conducted in accordance with the provisions of chapter 621. 83
Upon a finding by the administrative hearing commission that 84
the grounds in subsection [1] 2 of this section for 85
disciplinary action are met, the board may singly or in 86
CCS SS SB 1421 41
combination censure or place the person named in the 87
complaint on probation under such terms and conditions as 88
the board deems appropriate for a period not to exceed five 89
years, may suspend for a period not to exceed three years, 90
or revoke the license. 91
[374.695.] 324.2100. Sections [374.695 to 374.789] 1
324.2100 to 324.2187 may be known and shall be cited as the 2
"Professional Bail Bondsman and Surety Recovery Agent 3
Licensure Act". 4
[374.700.] 324.2103. As used in sections [374.695 to 1
374.789] 324.2100 to 324.2187, the following terms shall 2
mean: 3
(1) "Bail bond agent", a surety agent or an agent of a 4
property bail bondsman who is duly licensed pursuant to the 5
provisions of sections [374.695 to 374.789] 324.2100 to 6
324.2187, is employed by and is working under the authority 7
of a licensed general bail bond agent; 8
(2) "Bail bond or appearance bond", a bond for a 9
specified monetary amount which is executed by the defendant 10
and a qualified licensee pursuant to sections [374.695 to 11
374.789] 324.2100 to 324.2187, and which is issued to a 12
court or authorized officer as security for the subsequent 13
court appearance of the defendant upon the defendant's 14
release from actual custody pending the appearance; 15
(3) "Board", the board of private investigators, 16
private fire investigators, and professional surety bail 17
bond agents established in section 324.1102 within the 18
division; 19
(4) "Department", the department of commerce and 20
insurance of the state of Missouri; 21
CCS SS SB 1421 42
[(4)] (5) "Director", the director of the division of 22
professional registration of the department of commerce and 23
insurance; 24
[(5)] (6) "Division", the division of professional 25
registration of the department of commerce and insurance; 26
(7) "General bail bond agent", a surety agent or a 27
property bail bondsman, as defined in sections [374.700 to 28
374.775] 324.2103 to 324.2166, who is licensed in accordance 29
with sections [374.700 to 374.775] 324.2103 to 324.2166 and 30
who devotes at least fifty percent of his or her working 31
time to the bail bond business in this state; 32
[(6)] (8) "Insurer", any surety insurance company 33
which is qualified by the department to transact surety 34
business in Missouri; 35
[(7)] (9) "Licensee", a bail bond agent or a general 36
bail bond agent; 37
[(8)] (10) "Property bail bondsman", a person who 38
pledges United States currency, United States postal money 39
orders or cashier's checks or other property as security for 40
a bail bond in connection with a judicial proceeding, and 41
who receives or is promised therefor money or other things 42
of value; 43
[(9)] (11) "Surety bail bond agent", any person 44
appointed by an insurer by power of attorney to execute or 45
countersign bail bonds in connection with judicial 46
proceedings, and who receives or is promised money or other 47
things of value therefor; 48
[(10)] (12) "Surety recovery agent", a person not 49
performing the duties of a sworn peace officer who tracks 50
down, captures and surrenders to the custody of a court a 51
fugitive who has violated a bail bond agreement, excluding a 52
bail bond agent or general bail bond agent; 53
CCS SS SB 1421 43
[(11)] (13) "Taking a bail" or "take bail", the 54
acceptance by a person authorized to take bail of the 55
undertaking of a sufficient surety for the appearance of the 56
defendant according to the terms of the undertaking or that 57
the surety will pay to the court the sum specified. Taking 58
of bail or take bail does not include the fixing of the 59
amount of bail and no person other than a competent court 60
shall fix the amount of bail. 61
[374.702.] 324.2109. 1. No person shall engage in the 1
bail bond business as a bail bond agent or a general bail 2
bond agent without being licensed as provided in sections 3
[374.695 to 374.775] 324.2100 to 324.2166. 4
2. No judge, attorney, court official, law enforcement 5
officer, state, county, or municipal employee who is either 6
elected or appointed shall be licensed as a bail bond agent 7
or a general bail bond agent. 8
3. A licensed bail bond agent shall not execute or 9
issue an appearance bond in this state without holding a 10
valid appointment from a general bail bond agent and without 11
attaching to the appearance bond an executed and prenumbered 12
power of attorney referencing the general bail bond agent or 13
insurer. 14
4. A person licensed as an active bail bond agent 15
shall hold the license for at least two years prior to 16
owning or being an officer of a licensed general bail bond 17
agent. 18
5. A general bail bond agent shall not engage in the 19
bail bond business: 20
(1) Without having been licensed as a general bail 21
bond agent pursuant to sections [374.695 to 374.775] 22
324.2100 to 324.2166; or 23
CCS SS SB 1421 44
(2) Except through an agent licensed as a bail bond 24
agent pursuant to sections [374.695 to 374.775] 324.2100 to 25
324.2166. 26
6. A general bail bond agent shall not permit any 27
unlicensed person to solicit or engage in the bail bond 28
business on the general bail bond agent's behalf, except for 29
individuals who are employed solely for the performance of 30
clerical, stenographic, investigative, or other 31
administrative duties which do not require a license 32
pursuant to sections [374.695 to 374.789] 324.2100 to 33
324.2187. 34
7. Any person who is convicted of a violation of this 35
section is guilty of a class A misdemeanor. For any 36
subsequent convictions, a person who is convicted of a 37
violation of this section is guilty of a class E felony. 38
[374.705.] 324.2112. 1. The [department shall 1
administer and enforce the provisions of sections 374.695 to 2
374.789, prescribe the duties of its officers and employees 3
with respect to sections 374.695 to 374.789, and] board 4
shall promulgate, pursuant to [section 374.045 and] chapter 5
536, such rules and regulations within the scope and purview 6
of the provisions of sections [374.695 to 374.789] 324.2100 7
to 324.2187 as the [director] board considers necessary and 8
proper for the effective administration and interpretation 9
of the provisions of sections [374.695 to 374.789] 324.2100 10
to 324.2187. 11
2. The [director] board shall set the amount of all 12
fees authorized and required by the provisions of sections 13
[374.695 to 374.789] 324.2100 to 324.2187 by rules and 14
regulations promulgated pursuant to chapter 536. All such 15
fees shall be set at a level designed to produce revenue 16
which shall not substantially exceed the cost and expense of 17
CCS SS SB 1421 45
administering the provisions of sections [374.695 to 18
374.789] 324.2100 to 324.2187. [However, such fees shall 19
not exceed one hundred fifty dollars every two years for 20
biennial licenses and renewable licenses for general bail 21
bond agents as provided for in section 374.710.] 22
3. Any rule or portion of a rule, as that term is 23
defined in section 536.010, that is created under the 24
authority delegated in this section shall become effective 25
only if it complies with and is subject to all of the 26
provisions of chapter 536 and, if applicable, section 27
536.028. This section and chapter 536 are nonseverable and 28
if any of the powers vested with the general assembly 29
pursuant to chapter 536 to review, to delay the effective 30
date, or to disapprove and annul a rule are subsequently 31
held unconstitutional, then the grant of rulemaking 32
authority and any rule proposed or adopted after August 28, 33
2026, shall be invalid and void. 34
[374.710.] 324.2115. 1. Except as otherwise provided 1
in sections [374.695 to 374.775] 324.2100 to 324.2166, no 2
person or other entity shall practice as a bail bond agent 3
or general bail bond agent, as defined in section [374.700] 4
324.2103, in Missouri unless and until the [department] 5
board has issued to him or her a license, to be renewed 6
every two years as hereinafter provided, to practice as a 7
bail bond agent or general bail bond agent. 8
2. An applicant for a bail bond and general bail bond 9
agent license shall submit with the application proof that 10
he or she has received twenty-four hours of initial basic 11
training in areas of instruction in subjects determined by 12
the [director] board deemed appropriate to professionals in 13
the bail bond profession. Bail bond agents and general bail 14
bond agents who are licensed at the date which this act 15
CCS SS SB 1421 46
becomes law shall be exempt from such twenty-four hours of 16
initial basic training. 17
3. In addition to the twenty-four hours of initial 18
basic training to become a bail bond agent or general bail 19
bond agent, there shall be eight hours of biennial 20
continuing education for all bail bond agents and general 21
bail bond agents to maintain their state license. The 22
[director] board shall determine said appropriate areas of 23
instruction for said biennial continuing education. The 24
[director] board shall determine which institutions, 25
organizations, associations, and individuals shall be 26
eligible to provide the initial basic training and the 27
biennial continuing education instruction. The [department] 28
board may allow state institutions, organizations, 29
associations, or individuals to provide courses for the 30
initial basic training and the biennial continuing education 31
training. [The cost shall not exceed two hundred dollars 32
for the initial basic training and one hundred fifty dollars 33
for biennial continuing education.] 34
4. Upon completion of said basic training or biennial 35
continuing education and the licensee meeting the other 36
requirements as provided under sections [374.695 to 374.789] 37
324.2100 to 324.2187, the [director] board shall issue a two- 38
year license for the bail bond agent or general bail bond 39
agent [for a fee not to exceed one hundred fifty dollars]. 40
5. Nothing in sections [374.695 to 374.775] 324.2100 41
to 324.2166 shall be construed to prohibit any person from 42
posting or otherwise providing a bail bond in connection 43
with any legal proceeding, provided that such person 44
receives no fee, remuneration or consideration therefor. 45
[374.711.] 324.2118. 1. The [department of commerce 1
and insurance] board of private investigators, private fire 2
CCS SS SB 1421 47
investigators, and professional surety bail bond agents may 3
require that fingerprint submissions be made as part of an 4
application seeking a license, or renewal of a license, for 5
and as a general bail bond agent, a bail bond agent, or a 6
surety recovery agent, as such terms are defined in section 7
[374.700] 324.2103. 8
2. If the [department of commerce and insurance] board 9
of private investigators, private fire investigators, and 10
professional surety bail bond agents requires that 11
fingerprint submissions be made as part of such application, 12
the [department of commerce and insurance] board of private 13
investigators, private fire investigators, and professional 14
surety bail bond agents shall require applicants to submit 15
the fingerprints to the Missouri state highway patrol for 16
the purpose of conducting a state and federal fingerprint- 17
based criminal history background check. 18
3. The fingerprints and any required fees shall be 19
sent to the Missouri state highway patrol's central 20
repository. The fingerprints shall be used for searching 21
the state criminal records repository and shall also be 22
forwarded to the Federal Bureau of Investigation for a 23
federal criminal records search under section 43.540. The 24
Missouri state highway patrol shall notify the [department] 25
board of private investigators, private fire investigators, 26
and professional surety bail bond agents of any criminal 27
history record information or lack of criminal history 28
record information discovered on the individual. 29
Notwithstanding the provisions of section 610.120 to the 30
contrary, all records related to any criminal history 31
information discovered shall be accessible and available to 32
the [department] board of private investigators, private 33
fire investigators, and professional surety bail bond agents. 34
CCS SS SB 1421 48
[374.715.] 324.2121. 1. Applications for examination 1
and licensure as a bail bond agent or general bail bond 2
agent shall be in writing and on forms prescribed and 3
furnished by the [department] board, and shall contain such 4
information as the [department] board requires. Each 5
application shall be accompanied by proof satisfactory to 6
the [department] board that the applicant is a citizen of 7
the United States, has a high school diploma or general 8
education development certificate (GED), is of good moral 9
character, and meets the qualifications for surety on bail 10
bonds as provided by supreme court rule. Each application 11
shall be accompanied by the examination and application fee 12
set by the [department] board. Individuals currently 13
employed as bail bond agents and general bail bond agents 14
shall not be required to meet the education requirements 15
needed for licensure pursuant to this section. 16
2. In addition, each applicant for licensure as a 17
general bail bond agent shall furnish proof satisfactory to 18
the [department] board that the applicant or, if the 19
applicant is a corporation, that each officer thereof has 20
completed at least two years as a bail bond agent, and that 21
the applicant possesses liquid assets of at least ten 22
thousand dollars, along with a duly executed assignment of 23
ten thousand dollars to the state of Missouri. The 24
assignment shall become effective upon the applicant's 25
violating any provision of sections [374.695 to 374.789] 26
324.2100 to 324.2187. The assignment required by this 27
section shall be in the form and executed in the manner 28
prescribed by the [department] board. The [director] board 29
may require by regulation conditions by which additional 30
assignments of assets of the general bail bond agent may 31
occur when the circumstances of the business of the general 32
CCS SS SB 1421 49
bail bond agent warrants additional funds. However, such 33
additional funds shall not exceed twenty-five thousand 34
dollars. 35
[374.716.] 324.2124. 1. Every bail bond agent shall 1
account for each power of attorney assigned by the general 2
bail bond agent on a weekly basis and remit all sums 3
collected and owed to the general bail bond agent pursuant 4
to his or her written contract. The general bail bond agent 5
shall maintain the weekly accounting and remittance records 6
for a period of three years. Such records shall be subject 7
to inspection by the [director or his or her designee] board 8
during regular business hours or at other reasonable times. 9
2. For every bond written in this state, the licensee 10
shall provide to the principal a copy of the bail contract. 11
[374.717.] 324.2127. No insurer or licensee, court, or 1
law enforcement officer shall: 2
(1) Pay a fee or rebate or give or promise anything of 3
value in order to secure a settlement, compromise, 4
remission, or reduction of the amount of any bail bond to: 5
(a) A jailer, police officer, peace officer, 6
committing judge, or any other person who has power to 7
arrest or to hold in custody any person; or 8
(b) Any public official or public employee; 9
(2) Pay a fee or rebate or give anything of value to 10
an attorney in bail bond matters, except in defense of any 11
action on a bond; 12
(3) Pay a fee or rebate or give anything of value to 13
the principal or anyone on the principal's behalf; 14
(4) Accept anything of value from a principal except 15
the premium and expenses incurred, provided that the 16
licensee shall be permitted to accept collateral security or 17
CCS SS SB 1421 50
other indemnity from the principal in accordance with the 18
provisions of section [374.719] 324.2130. 19
[374.719.] 324.2130. 1. A licensee may accept 1
collateral security from the principal in a fiduciary 2
capacity, which collateral shall be returned upon final 3
termination of liability on the bond. When a licensee 4
accepts collateral, the licensee shall provide a prenumbered 5
written receipt, which shall include a detailed account of 6
the collateral received by the licensee. The acceptance of 7
collateral security by a bail bond agent shall be reported 8
to the general bail bond agent. 9
2. The collateral security required by the licensee 10
shall be reasonable in relation to the amount of the bond. 11
3. If a failure to appear, absconding or attempting to 12
abscond, or a judgment of forfeiture on the bond has 13
occurred, the collateral security may be used to reimburse 14
the licensee for any costs and expenses incurred associated 15
with the forfeiture. 16
4. The general bail bond agent shall retain records of 17
the acceptance, return, or judgment of forfeiture resulting 18
in the use of the collateral to reimburse the licensee for a 19
period of three years. 20
[374.720.] 324.2133. 1. Each applicant for licensure 1
as a general bail bond agent, after complying with this 2
section and the provisions of section [374.715] 324.2121, 3
shall be issued a license by the [department] board unless 4
grounds exist under section [374.755] 324.2145 for denial of 5
a license. 6
2. Each applicant for examination and licensure as a 7
bail bond agent, after complying with the provisions of 8
section [374.715] 324.2121, shall appear for examination at 9
the time and place specified by the [department] board. 10
CCS SS SB 1421 51
Such examination shall be as prescribed by the [director as 11
provided under section 375.018] board and shall be designed 12
to test the applicant's knowledge and expertise in the area 13
of surety bonds in general and the practice of a bail bond 14
agent, as defined in sections [374.700 to 374.775] 324.2103 15
to 324.2166, in particular. The applicant shall be notified 16
of the result of the examination within twenty working days 17
of the examination. Any applicant who fails such 18
examination may, upon reapplication and payment of the 19
reexamination fee set by the [department] board, retake the 20
examination. 21
[374.730.] 324.2136. All licenses issued to bail bond 1
agents and general bail bond agents under the provisions of 2
sections [374.700 to 374.775] 324.2103 to 324.2166 shall be 3
renewed biennially, which renewal shall be in the form and 4
manner prescribed by the [department] board and shall be 5
accompanied by the renewal fee set by the [department] board. 6
[374.740.] 324.2139. Any person applying to be 1
licensed as a nonresident general bail bond agent who has 2
been licensed in another state shall devote fifty percent of 3
his or her working time in the state of Missouri and shall 4
file proof with the [director of the department of commerce 5
and insurance] board as to his or her compliance, and 6
accompany his or her application with the fees set by the 7
[director] board by regulation and, if applying for a 8
nonresident general bail bond agent's license, with a duly 9
executed assignment of twenty-five thousand dollars to the 10
state of Missouri, which assignment shall become effective 11
upon the applicant's violating any provision of sections 12
[374.695 to 374.789] 324.2100 to 324.2187. Failure to 13
comply with this section will result in revocation of the 14
nonresidence license. The assignment required by this 15
CCS SS SB 1421 52
section shall be in the form and executed in the manner 16
prescribed by the [department] board. All licenses issued 17
pursuant to this section shall be subject to the same 18
renewal requirements set for other licenses issued pursuant 19
to sections [374.695 to 374.789] 324.2100 to 324.2187. 20
[374.750.] 324.2142. The [department] board may refuse 1
to issue or renew any license required pursuant to sections 2
[374.700 to 374.775] 324.2103 to 324.2166 for any one or any 3
combination of causes stated in section [374.755] 324.2145. 4
The [department] board shall notify the applicant in writing 5
of the reasons for the refusal and shall advise the 6
applicant of his or her right to file a complaint with the 7
administrative hearing commission as provided by chapter 621. 8
[374.755.] 324.2145. 1. The [department] board may 1
cause a complaint to be filed with the administrative 2
hearing commission as provided by chapter 621 against any 3
holder of any license required by sections [374.695 to 4
374.775] 324.2100 to 324.2166 or any person who has failed 5
to renew or has surrendered his or her license for any one 6
or any combination of the following causes: 7
(1) Use of any controlled substance, as defined in 8
chapter 195, or alcoholic beverage to an extent that such 9
use impairs a person's ability to perform the work of the 10
profession licensed under sections [374.695 to 374.775] 11
324.2100 to 324.2166; 12
(2) Final adjudication or a plea of guilty or nolo 13
contendere within the past fifteen years in a criminal 14
prosecution under any state or federal law for a felony or a 15
crime involving moral turpitude whether or not a sentence is 16
imposed, prior to issuance of license date; 17
(3) Use of fraud, deception, misrepresentation or 18
bribery in securing any license or in obtaining permission 19
CCS SS SB 1421 53
to take any examination required pursuant to sections 20
[374.695 to 374.775] 324.2100 to 324.2166; 21
(4) Obtaining or attempting to obtain any compensation 22
as a member of the profession licensed by sections [374.695 23
to 374.775] 324.2100 to 324.2166 by means of fraud, 24
deception or misrepresentation; 25
(5) Misappropriation of the premium, collateral, or 26
other things of value given to a bail bond agent or a 27
general bail bond agent for the taking of bail, 28
incompetency, misconduct, gross negligence, fraud, or 29
misrepresentation in the performance of the functions or 30
duties of the profession licensed or regulated by sections 31
[374.695 to 374.775] 324.2100 to 324.2166; 32
(6) Violation of any provision of or any obligation 33
imposed by the laws of this state, [department of commerce 34
and insurance] board rules and regulations, or aiding or 35
abetting other persons to violate such laws, orders, rules 36
or regulations, or subpoenas; 37
(7) Transferring a license or permitting another 38
person to use a license of the licensee; 39
(8) Disciplinary action against the holder of a 40
license or other right to practice the profession regulated 41
by sections [374.695 to 374.789] 324.2100 to 324.2187 42
granted by another state, territory, federal agency or 43
country upon grounds for which revocation or suspension is 44
authorized in this state; 45
(9) Being finally adjudged insane or incompetent by a 46
court of competent jurisdiction; 47
(10) Assisting or enabling any person to practice or 48
offer to practice the profession licensed or regulated by 49
sections [374.695 to 374.789] 324.2100 to 324.2187 who is 50
CCS SS SB 1421 54
not currently licensed and eligible to practice pursuant to 51
sections [374.695 to 374.789] 324.2100 to 324.2187; 52
(11) Acting in the capacity of an attorney at a trial 53
or hearing of a person for whom the attorney is acting as 54
surety; 55
(12) Failing to provide a copy of the bail contract, 56
renumbered written receipt for acceptance of money, or other 57
collateral for the taking of bail to the principal, if 58
requested by any person who is a party to the bail contract, 59
or any person providing funds or collateral for bail on the 60
principal's behalf. 61
2. After the filing of such complaint, the proceedings 62
shall be conducted in accordance with the provisions of 63
chapter 621. Upon a finding by the administrative hearing 64
commission that one or more of the causes stated in 65
subsection 1 of this section have been met, the [director] 66
board may, singly or in combination, censure or place the 67
person named in the complaint on probation under such terms 68
and conditions as the board deems appropriate or suspend or 69
revoke the license [or enter into an agreement for a 70
monetary or other penalty pursuant to section 374.280. 71
3. In lieu of filing a complaint at the administrative 72
hearing commission, the director and the bail bond agent or 73
general bail bond agent may enter into an agreement for a 74
monetary or other penalty pursuant to section 374.280. 75
4. In addition to any other remedies available, the 76
director may issue a cease and desist order or may seek an 77
injunction in a court of competent jurisdiction pursuant to 78
the provisions of section 374.046 whenever it appears that 79
any person is acting as a bail bond agent or general bail 80
bond agent without a license or violating any other 81
provisions of sections 374.695 to 374.789]. 82
CCS SS SB 1421 55
[374.757.] 324.2148. 1. Any agent licensed by 1
sections [374.695 to 374.775] 324.2100 to 324.2166 who 2
intends to apprehend any person in this state shall inform 3
law enforcement authorities in the city or county in which 4
such agent intends such apprehension, before attempting such 5
apprehension. Such agent shall present to the local law 6
enforcement authorities a certified copy of the bond and all 7
other appropriate paperwork identifying the principal and 8
the person to be apprehended. Local law enforcement may 9
accompany the agent. Failure of any agent to whom this 10
section applies to comply with the provisions of this 11
section shall be a class A misdemeanor for the first 12
violation and a class E felony for subsequent violations; 13
and shall also be a violation of section [374.755] 324.2145 14
and may in addition be punished pursuant to that section. 15
2. The surety recovery agent shall inform the local 16
law enforcement in the county or city where such agent is 17
planning to enter a residence. Such agent shall have a 18
certified copy of the bond and all appropriate paperwork to 19
identify the principal. Local law enforcement, when 20
notified, may accompany the surety recovery agent to that 21
location to keep the peace if an active warrant is effective 22
for a felony or misdemeanor. If a warrant is not active, 23
the local law enforcement officers may accompany the surety 24
recovery agent to such location. Failure to report to the 25
local law enforcement agency is a class A misdemeanor. For 26
any subsequent violations, failure to report to the local 27
law enforcement agency is a class E felony. 28
[374.759.] 324.2151. 1. Any bail bond agent licensed 1
in the state of Missouri shall have access to all publicly 2
available court records of the defendant by available means 3
to make a realistic assessment of the defendant's 4
CCS SS SB 1421 56
probability of attending all court dates as set in his or 5
her charges relating to the bond request. 6
2. Any defendant shall have free access to any bail 7
bond agent via one phone call so long as the call is made to 8
a local phone number. All other numbers may be available as 9
a collect call to any nonlocal number. 10
3. All Missouri licensed bail bond agents or licensed 11
general agents shall be qualified, without further 12
requirements, in all jurisdictions of this state, as 13
provided in rules promulgated by the supreme court of 14
Missouri and not by any circuit court rule. 15
[374.760.] 324.2154. Each general bail bond agent 1
shall file, between the first and tenth day of each month, 2
sworn affidavits with the [department] board stating that 3
there are no unsatisfied judgments against him or her. Such 4
affidavits shall be in the form and manner prescribed by the 5
[department] board. 6
[374.763.] 324.2157. 1. If any final judgment 1
ordering forfeiture of a defendant's bond is not paid within 2
a six-month period of time, the court shall extend the 3
judgment date or notify the [department] board of the 4
failure to satisfy such judgment. The [director] board 5
shall draw upon the assets of the surety, remit the sum to 6
the court, and obtain a receipt of such sum from the court. 7
The [director] board may take action as provided by section 8
[374.755] 324.2145, regarding the license of the surety and 9
any bail bond agents writing upon the surety's liability. 10
2. The [department] board shall furnish to the 11
presiding judge of each circuit court of this state, on at 12
least a monthly basis, a list of all duly licensed and 13
qualified bail bond agents and general bail bond agents 14
whose licenses are not subject to pending suspension or 15
CCS SS SB 1421 57
revocation proceedings, and who are not subject to 16
unsatisfied bond forfeiture judgments. In lieu of such 17
list, the [department] board may provide this information to 18
each presiding judge in an electronic format. 19
3. All duly licensed and qualified bail bond agents 20
and general bail bond agents shall be qualified, without 21
further requirement, to write bail upon a surety's liability 22
in all courts of this state as provided in rules promulgated 23
by the supreme court of Missouri and not by any circuit 24
court rule. 25
[374.764.] 324.2160. 1. The [director] board shall 1
examine and inquire into all alleged violations or 2
complaints filed with the [department of commerce and 3
insurance] board of the bail bond law of the state, and 4
inquire into and investigate the bail bond business 5
transacted in the state by any bail bond agent, general bail 6
bond agent, or surety recovery agent. 7
2. The [director or any of his or her duly appointed 8
agents] board may compel the attendance before [him or her] 9
the board, and may examine, under oath, the directors, 10
officers, bail bond agents, general bail bond agents, surety 11
recovery agents, employees, or any other person in reference 12
to the condition, affairs, management of the bail bond or 13
surety recovery business, or any matters relating thereto. 14
[He or she] The board may administer oaths or affirmations 15
and shall have power to summon and compel the attendance of 16
witnesses and to require and compel the production of 17
records, books, papers, contracts, or other documents if 18
necessary. 19
3. [The director may make and conduct the 20
investigation in person or the director may appoint one or 21
more persons to make and conduct the investigation. If made 22
CCS SS SB 1421 58
by a person other than the director, the person duly 23
appointed by the director shall have the same powers as 24
granted to the director pursuant to this section. A 25
certificate of appointment under the official seal of the 26
director shall be sufficient authority and evidence thereof 27
for the person to act.] For the purpose of making the 28
investigations, or having the same made, the [director] 29
board may employ the necessary clerical, actuarial, and 30
other assistance. 31
[374.770.] 324.2163. 1. If there is a breach of the 1
contract of the bond, the court in which the case is pending 2
shall declare a bond forfeiture, unless the surety upon such 3
bond informs the court that the defendant is incarcerated 4
somewhere within the United States. If forfeiture is not 5
ordered because the defendant is incarcerated somewhere 6
within the United States, the surety is responsible for the 7
return of the defendant. If bond forfeiture is ordered and 8
the surety can subsequently prove the defendant is 9
incarcerated somewhere within the United States, then the 10
bond forfeiture shall be set aside and the surety be 11
responsible for the return of the defendant. When the 12
surety notifies the court of the whereabouts of the 13
defendant, a hold order shall be placed by the court having 14
jurisdiction on the defendant in the state in which the 15
defendant is being held. 16
2. In all instances in which a bail bond agent or 17
general bail bond agent duly licensed by sections [374.700 18
to 374.775] 324.2103 to 324.2166 has given his or her bond 19
for bail for any defendant who has absented himself in 20
violation of the condition of such bond, the bail bond agent 21
or general bail bond agent shall have the first opportunity 22
to return such defendant to the proper court. If he or she 23
CCS SS SB 1421 59
is unable to return such defendant, the state of Missouri 24
shall return such defendant to the proper court for 25
prosecution, and all costs incurred by the state in so 26
returning a defendant may be levied against the bail bond 27
agent or general bail bond agent in question. 28
[374.775.] 324.2166. When issuing bonds of one 1
thousand dollars or less, licensed bail bond agents or 2
general bail bond agents may charge a minimum premium of 3
fifty dollars. In connection with such bonds no bail bond 4
agent, general bail bond agent, or corporation shall charge 5
or receive any additional fee for investigations or services 6
rendered in connection with the execution of the bond. 7
[374.783.] 324.2169. 1. No person shall hold himself 1
or herself out as being a surety recovery agent in this 2
state, unless such person is licensed in accordance with the 3
provisions of sections [374.783 to 374.789] 324.2169 to 4
324.2187. Licensed bail bond agents and general bail bond 5
agents may perform fugitive recovery without being licensed 6
as a surety recovery agent. 7
2. The [director] board shall have authority to 8
license all surety recovery agents in this state. The 9
[director] board shall have control and supervision over the 10
licensing of such agents and the enforcement of the terms 11
and provisions of sections [374.783 to 374.789] 324.2169 to 12
324.2187. 13
3. The [director] board shall have the power to: 14
(1) Set and determine the amount of the fees 15
authorized and required pursuant to sections [374.783 to 16
374.789] 324.2169 to 324.2187. The fees shall be set at a 17
level sufficient to produce revenue which shall not 18
substantially exceed the cost and expense of administering 19
sections [374.783 to 374.789] 324.2169 to 324.2187[. 20
CCS SS SB 1421 60
However, such fees shall not exceed one hundred fifty 21
dollars for a two-year license]; and 22
(2) Determine the sufficient qualifications of 23
applicants for a license. 24
4. The [director] board shall license for a period of 25
two years all surety recovery agents in this state who meet 26
the requirements of sections [374.783 to 374.789] 324.2169 27
to 324.2187. 28
[374.784.] 324.2172. 1. Applications for examination 1
and licensure as a surety recovery agent shall be submitted 2
on forms prescribed by the [department] board and shall 3
contain such information as the [department] board requires, 4
along with a copy of the front and back of a photographic 5
identification card. 6
2. Each application shall be accompanied by proof 7
satisfactory to the [director] board that the applicant is a 8
citizen of the United States and has a high school diploma 9
or a general educational development certificate (GED). An 10
applicant shall furnish evidence of such person's 11
qualifications by completing an approved surety recovery 12
agent course with at least twenty-four hours of initial 13
minimum training. The [director] board shall determine 14
which institutions, organizations, associations, and 15
individuals shall be eligible to provide said training. 16
Said instructions and fees associated therewith shall be 17
identical or similar to those prescribed in section 18
[374.710] 324.2115 for bail bond agents and general bail 19
bond agents. 20
3. In addition to said twenty-four hours of initial 21
minimum training, licensees shall be required to receive 22
eight hours of biennial continuing education of which said 23
instructions and fees shall be identical or similar to those 24
CCS SS SB 1421 61
prescribed in section [374.710] 324.2115 for bail bond 25
agents and general bail bond agents. 26
4. Applicants for surety recovery agents licensing 27
shall be exempt from said requirements of the twenty-four 28
hours of initial minimum training if applicants provide 29
proof of prior training as a law enforcement officer with at 30
least two years of such service within the ten years prior 31
to the application being submitted to the [department] board. 32
5. The [director] board may refuse to issue any 33
license pursuant to sections [374.783 to 374.789] 324.2169 34
to 324.2187, for any one or any combination of causes stated 35
in section [374.787] 324.2181. The [director] board shall 36
notify the applicant in writing of the reason or reasons for 37
refusal and shall advise the applicant of the right to file 38
a complaint with the administrative hearing commission to 39
appeal the refusal as provided by chapter 621. 40
[374.785.] 324.2175. For the purpose of surrender of 1
the defendant, a surety recovery agent may apprehend the 2
defendant anywhere within the state of Missouri before or 3
after the forfeiture of the undertaking without personal 4
liability for false imprisonment or may empower any surety 5
recovery agent to make apprehension by providing written 6
authority endorsed on a certified copy of the undertaking 7
and paying the lawful fees. 8
[374.786.] 324.2178. 1. Every person licensed 1
pursuant to sections [374.783 to 374.789] 324.2169 to 2
324.2187 shall, before the license renewal date, apply to 3
the [director] board for renewal for the ensuing licensing 4
period. The application shall be made on a form furnished 5
to the applicant and shall state the applicant's full name, 6
the applicant's business address, the address at which the 7
applicant resides, the date the applicant first received a 8
CCS SS SB 1421 62
license, and the applicant's surety recovery agent 9
identification number, if any. 10
2. A renewal form shall be mailed to each person 11
licensed in this state at the person's last known address. 12
The failure to mail the renewal form or the failure of a 13
person to receive it does not relieve any person of the duty 14
to be licensed and to pay the license fee required nor 15
exempt such person from the penalties provided for failure 16
to be licensed. 17
3. Each applicant for renewal shall accompany such 18
application with a renewal fee to be paid to the 19
[department] board for the licensing period for which 20
renewal is sought. 21
4. The [director] board may refuse to renew any 22
license required pursuant to sections [374.783 to 374.789] 23
324.2169 to 324.2187 for any one or any combination of 24
causes stated in section [374.787] 324.2181. The [director] 25
board shall notify the applicant in writing of the reasons 26
for refusal to renew and shall advise the applicant of his 27
or her right to file a complaint with the administrative 28
hearing commission as provided by chapter 621. 29
[374.787.] 324.2181. 1. The [director] board may 1
cause a complaint to be filed with the administrative 2
hearing commission as provided by chapter 621 against any 3
surety recovery agent or any person who has failed to renew 4
or has surrendered his or her license for any one or any 5
combination of the following causes: 6
(1) Violation of any provisions of, or any obligations 7
imposed by, the laws of this state, [the department of 8
commerce and insurance] board rules and regulations, or 9
aiding or abetting other persons to violate such laws, 10
orders, rules, or regulations; 11
CCS SS SB 1421 63
(2) Final adjudication or a plea of guilty or nolo 12
contendere in a criminal prosecution under state or federal 13
law for a felony or a crime involving moral turpitude, 14
whether or not a sentence is imposed; 15
(3) Using fraud, deception, misrepresentation, or 16
bribery in securing a license or in obtaining permission to 17
take any examination required by sections [374.783 to 18
374.789] 324.2169 to 324.2187; 19
(4) Obtaining or attempting to obtain any compensation 20
as a surety recovery agent by means of fraud, deception, or 21
misrepresentation; 22
(5) Acting as a surety recovery agent or aiding or 23
abetting another in acting as a surety recovery agent 24
without a license; 25
(6) Incompetence, misconduct, gross negligence, fraud, 26
or misrepresentation in the performance of the functions or 27
duties of a surety recovery agent; 28
(7) Having a license revoked or suspended that was 29
issued by another state. 30
2. After the filing of the complaint, the proceedings 31
shall be conducted in accordance with the provisions of 32
chapter 621. Upon a finding by the administrative hearing 33
commission that one or more of the causes stated in 34
subsection 1 of this section have been met, the [director] 35
board may, singly or in combination, censure or place the 36
person named in the complaint on probation under such terms 37
and conditions as the board deems appropriate or suspend or 38
revoke the license [or enter into an agreement for a 39
monetary or other penalty pursuant to section 374.280. 40
3. In lieu of filing a complaint with the 41
administrative hearing commission, the director and the 42
CCS SS SB 1421 64
surety recovery agent may enter into an agreement for a 43
monetary or other penalty pursuant to section 374.280. 44
4. In addition to any other remedies available, the 45
director may issue a cease and desist order or may seek an 46
injunction in a court of law pursuant to section 374.046 47
whenever it appears that any person is acting as a surety 48
recovery agent without a license]. 49
[374.788.] 324.2184. 1. A [bail bond] surety recovery 1
agent having probable grounds to believe a subject free on 2
his or her bond has failed to appear as directed by a court, 3
has breached the terms of the subject's surety agreement, or 4
has taken a substantial step toward absconding may utilize 5
all lawful means to apprehend the subject. To surrender a 6
subject to a court, a licensed bail bond or surety recovery 7
agent having probable grounds to believe the subject is free 8
on his or her bond may: 9
(1) Detain the subject in a lawful manner, for a 10
reasonable time, provided that in the event travel from 11
another state is involved, the detention period may include 12
reasonable travel time not to exceed seventy-two hours; 13
(2) Transport a subject in a lawful manner from state 14
to state and county to county to a place of authorized 15
surrender; and 16
(3) Enter upon private or public property in a lawful 17
manner to execute apprehension of a subject. 18
2. A surety recovery agent who apprehends a subject 19
pursuant to the provisions of subsection 1 of this section 20
shall surrender custody of the subject to the court of 21
jurisdiction. 22
3. When a surety recovery agent is in the process of 23
performing fugitive recovery, a photographic identification 24
card shall be prominently displayed on his or her person. 25
CCS SS SB 1421 65
[374.789.] 324.2187. 1. A person is guilty of a class 1
E felony if he or she does not hold a valid surety recovery 2
agent license or a bail bond license and commits any of the 3
following acts: 4
(1) Holds himself or herself out to be a licensed 5
surety recovery agent within this state; 6
(2) Claims that he or she can render surety recovery 7
agent services; or 8
(3) Engages in fugitive recovery in this state. 9
2. Any person who engages in fugitive recovery in this 10
state and wrongfully causes damage to any person or 11
property, including, but not limited to, unlawful 12
apprehension, unlawful detainment, or assault, shall be 13
liable for such damages and may be liable for punitive 14
damages. 15
374.051. 1. Any applicant refused a license or the 1
renewal of a license by order of the director under 2
[sections 374.755, 374.787, and] section 375.141 may file a 3
petition with the administrative hearing commission alleging 4
that the director has refused the license. The 5
administrative hearing commission shall conduct hearings and 6
make findings of fact and conclusions of law in determining 7
whether the applicant may be disqualified by statute. 8
Notwithstanding section 621.120, the director shall retain 9
discretion in refusing a license or renewal and such 10
discretion shall not transfer to the administrative hearing 11
commission. 12
2. If a proceeding is instituted to revoke or suspend 13
a license of any person under [sections 374.755, 374.787, 14
and] section 375.141, the director shall refer the matter to 15
the administrative hearing commission by directing the 16
filing of a complaint. The administrative hearing 17
CCS SS SB 1421 66
commission shall conduct hearings and make findings of fact 18
and conclusions of law in such cases. The director shall 19
have the burden of proving cause for discipline. If cause 20
is found, the administrative hearing commission shall submit 21
its findings of fact and conclusions of law to the director, 22
who may determine appropriate discipline. 23
3. Hearing procedures before the director or the 24
administrative hearing commission and judicial review of the 25
decisions and orders of the director and of the 26
administrative hearing commission, and all other procedural 27
matters under this chapter, shall be governed by the 28
provisions of chapter 536. Hearings before the 29
administrative hearing commission shall also be governed by 30
the provisions of chapter 621. 31
454.1050. 1. This section shall be known and may be 1
cited as "Bentley and Mason's Law". 2
2. If a person has been convicted of, pled guilty to, 3
or entered a plea of nolo contendere to an offense under 4
section 577.010 or 577.012, such offense caused the death of 5
a parent or parents of a child or children, and a surviving 6
parent or guardian files a petition to receive child 7
maintenance from the person, such person shall be ordered by 8
the court to pay child maintenance to the child or children 9
until the child or children: 10
(1) Die; 11
(2) Marry; 12
(3) Enter active military duty; 13
(4) Reach eighteen years of age unless the provisions 14
of subsection 3 of this section apply; or 15
(5) Reach twenty-one years of age unless the 16
provisions of the maintenance order specifically extend 17
beyond the child's or children's twenty-first birthdays for 18
CCS SS SB 1421 67
reasons provided under subdivision (1) of subsection 3 of 19
this section. 20
3. (1) If the child or children are physically or 21
mentally incapacitated from supporting themselves and 22
insolvent and unmarried, the court may extend the 23
maintenance obligation past the child's or children's 24
eighteenth birthday. 25
(2) (a) If the child or children reach eighteen years 26
of age and are enrolled in and attending a secondary school 27
program of instruction, maintenance shall continue, if the 28
child or children continue to attend and progress toward 29
completion of such program, until the child or children 30
complete such program or reach twenty-one years of age, 31
whichever first occurs. 32
(b) If the child or children are enrolled in an 33
institution of vocational or higher education no later than 34
October first following graduation from a secondary school 35
or completion of a graduation equivalence degree program and 36
so long as the child or children enroll for and complete at 37
least twelve hours of credit each semester, not including 38
the summer semester, at an institution of vocational or 39
higher education and achieve grades sufficient to reenroll 40
at such institution, maintenance shall continue until the 41
child or children complete their education or until the 42
child or children reach twenty-one years of age, whichever 43
first occurs. To remain eligible for such continued 44
maintenance, at the beginning of each semester the child or 45
children shall submit to the court a transcript or similar 46
official document provided by the institution of vocational 47
or higher education that includes the courses the child or 48
children are enrolled in and have completed for each term, 49
the grades and credits received for each such course, and an 50
CCS SS SB 1421 68
official document from the institution listing the courses 51
that the child or children are enrolled in for the upcoming 52
term and the number of credits for each such course. When 53
enrolled in at least twelve credit hours, if the child or 54
children receive failing grades in half or more of the 55
child's or children's courseload in any one semester, 56
payment of maintenance for the child or children receiving 57
the failing grades may be terminated and shall not be 58
eligible for reinstatement. Upon request for notification 59
of the child's or children's grades by the court, the child 60
or children shall produce the required documents to the 61
court within thirty days of receipt of grades from the 62
education institution. If the child or children fail to 63
produce the required documents, payment of maintenance may 64
terminate without the accrual of any maintenance arrearage 65
and shall not be eligible for reinstatement. If the 66
circumstances of the child or children manifestly dictate, 67
the court may waive the October first deadline for 68
enrollment required by this subdivision. As used in this 69
subdivision, "institution of vocational education" means any 70
postsecondary training or schooling for which the child is 71
assessed a fee and attends classes regularly. "Higher 72
education" means any community college, college, or 73
university at which the child attends classes regularly. A 74
child or children who have been diagnosed with a 75
developmental disability, as defined under section 630.005, 76
or whose physical disability or diagnosed health problem 77
limits the child's or children's ability to carry the number 78
of credit hours prescribed in this subdivision, shall remain 79
eligible for maintenance so long as such child or children 80
are enrolled in and attending an institution of vocational 81
or higher education and the child or children continue to 82
CCS SS SB 1421 69
meet the other requirements of this subdivision. A child or 83
children who are employed at least fifteen hours per week 84
during the semester may take as few as nine credit hours per 85
semester and remain eligible for maintenance so long as all 86
other requirements of this subdivision are complied with. 87
4. The court shall order the person who was convicted, 88
pled guilty to, or entered a plea of nolo contendere to an 89
offense under section 577.010 or 577.012 as provided under 90
subsection 2 of this section to pay maintenance in an amount 91
that is reasonable or necessary for the maintenance of the 92
child or children after considering all relevant factors, 93
including: 94
(1) The financial needs and resources of the child or 95
children; 96
(2) The financial resources and needs of the surviving 97
parent or, if no other parent is alive or capable of caring 98
for the child or children, the guardian of the child or 99
children, including the state if the state is the guardian; 100
(3) The standard of living the child or children would 101
have enjoyed; 102
(4) The physical and emotional condition of the child 103
or children and the child's or children's educational needs; 104
(5) The child's or children's physical and legal 105
custody arrangements; and 106
(6) The reasonable work-related child care expenses of 107
the surviving parent or guardian. 108
5. In addition to the relevant factors listed under 109
subsection 4 of this section, the court shall consider the 110
guidelines set out under subsection 8 of section 452.340 and 111
Missouri supreme court civil procedure rule form 14 in 112
determining the amount reasonable or necessary for the 113
maintenance of the child or children. 114
CCS SS SB 1421 70
6. (1) The court shall order that child maintenance 115
payments be made to the circuit clerk as trustee for 116
remittance to the surviving parent or guardian entitled to 117
receive the payments. The circuit clerk shall remit such 118
payments to the surviving parent or guardian within three 119
working days of receipt by the circuit clerk. Circuit 120
clerks shall deposit all receipts no later than the next 121
working day after receipt. 122
(2) As an alternative to subdivision (1) of this 123
subsection, the court may, upon its own motion, order that 124
maintenance payments be made to the family support payment 125
center established under section 454.530 as trustee for 126
remittance to the surviving parent or guardian. However, 127
the court shall not order payments to be made to the payment 128
center if the family support division notifies the court 129
that such payments shall not be made to the center. In such 130
cases, payments shall be made to the clerk as trustee until 131
the division notifies the court that payments shall be 132
directed to the payment center. 133
7. In addition to any other remedy provided by law for 134
the enforcement of child maintenance, if a maintenance order 135
has been entered, the director of the family support 136
division or the director's designee shall issue an order 137
directing any employer or other payer of the person required 138
to pay child maintenance under this section to withhold and 139
pay over to the family support division or the clerk of the 140
circuit court in the county in which a trusteeship is or 141
will be established moneys due or to become due to the 142
surviving parent or guardian for the child or children in an 143
amount not to exceed federal wage garnishment limitations. 144
8. If a person ordered to pay child maintenance under 145
this section is incarcerated and unable to pay the required 146
CCS SS SB 1421 71
maintenance, the person shall have up to one year after the 147
release from incarceration to begin payment, including any 148
arrearage. If any obligation under this section is to 149
terminate as provided under subsection 2 of this section but 150
the person's obligation is not paid in full, payments shall 151
continue until the entire arrearage is paid. 152
9. (1) If the surviving parent or guardian of the 153
child or children brings a civil action on behalf of such 154
child or children against the person who was convicted of, 155
pled guilty to, or entered a plea of nolo contendere to an 156
offense under section 577.010 or 577.012 prior to any child 157
maintenance order under this section and the surviving 158
parent or guardian obtains a judgment in his or her favor in 159
the civil suit, no maintenance shall be ordered under this 160
section. 161
(2) If the court orders child maintenance under this 162
section but the surviving parent or guardian brings a civil 163
action and obtains a judgment on behalf of such child or 164
children in his or her favor, the child maintenance order 165
shall offset the judgment awarded in the civil action. 166
(3) No funds received under section 595.045 shall 167
result in a reduction of an amount provided by a child 168
maintenance order under this section. 169
10. The provisions of any order respecting maintenance 170
under this section may be modified only upon a showing of 171
changed circumstances so substantial and continuing as to 172
make the terms unreasonable. 173
557.035. 1. For all violations of section 565.054 or 1
565.090, subdivision (1) of subsection 1 of section 569.100, 2
or subdivision (1), (2), (3), (4), (6), (7) or (8) of 3
subsection 1 of section 571.030, which the state believes to 4
be knowingly motivated because of race, color, religion, 5
CCS SS SB 1421 72
national origin, sex, sexual orientation or disability of 6
the victim or victims, the state may charge the offense or 7
offenses under this section, and the violation is a class D 8
felony. 9
2. For all violations of section 565.056; subdivision 10
(1) of subsection 1 of section 569.090; section 565.097; 11
subdivision (1) of subsection 1 of section 569.120; section 12
569.140; or section 574.050; which the state believes to be 13
knowingly motivated because of race, color, religion, 14
national origin, sex, sexual orientation or disability of 15
the victim or victims, the state may charge the offense or 16
offenses under this section, and the violation is a class E 17
felony. 18
3. The court shall assess punishment in all of the 19
cases in which the state pleads and proves any of the 20
motivating factors listed in this section. 21
565.097. 1. A person commits the offense of masked 1
intimidation if the person intentionally harasses, 2
intimidates, or threatens any other person while hiding or 3
concealing their face with a mask, hood, or any other 4
article or device for the purpose of concealing their 5
identity and with the intent to place another person in 6
reasonable fear for their physical safety. 7
2. A person who commits the offense of masked 8
intimidation shall be guilty of a class E felony for the 9
first offense, a class D felony for the second offense, and 10
a class C felony for a third or subsequent offense. 11
3. This section shall not apply to any person wearing 12
a mask or otherwise covering one's face for any purpose 13
other than a purpose specified in subsection 1 of this 14
section, in cases where a person is wearing: 15
CCS SS SB 1421 73
(1) A mask or face covering on or near the occasion of 16
a holiday, celebration, or other event involving costumes; 17
(2) A mask, hood, article, or other device for the 18
purpose of ensuring the physical safety of the wearer or 19
because of the nature of the person's occupation, trade, or 20
profession; 21
(3) A mask, hood, article, or other device for the 22
purpose of protection from the weather elements or while 23
participating in a winter sport; 24
(4) A mask, hood, article, or other device in an 25
artistic or theatrical production or celebration; 26
(5) A gas mask or other protective facial covering for 27
the purposes of protection during or related to emergency 28
situations or during emergency management drills; 29
(6) A mask for the purpose of ensuring one's physical 30
health and safety or the health and safety of others, 31
including, but not limited to, limiting the spread of 32
airborne illnesses; or 33
(7) Any garb for religious purposes. 34
4. Nothing in this section shall be construed to 35
diminish or infringe upon any right protected under the 36
First Amendment to the Constitution of the United States. 37
5. For purposes of this section, the following terms 38
mean: 39
(1) "Harass", engaging in a knowing and willful 40
pattern of conduct directed at a particular person or 41
particular group of persons that is intended to cause that 42
person or that group of persons to reasonably fear for their 43
safety or suffer substantial emotional distress; 44
(2) "Intimidate", willfully and substantially 45
interfering, by threats, intimidation, or coercion, with the 46
exercise or enjoyment by any other person of rights secured 47
CCS SS SB 1421 74
by the constitution or laws of the United States, or of 48
rights secured by the constitution or laws of this state, 49
because of that person or person's actual or perceived race, 50
color, religion, national origin, ethnicity, sex, gender, 51
gender identity or expression, sexual orientation, or 52
disability; 53
(3) "Threaten", communication with the clear intention 54
to cause imminent physical injury to another person. 55
569.086. 1. As used in this section, "critical 1
infrastructure facility" means any of the following 2
facilities that are under construction or operational: a 3
petroleum or alumina refinery; critical electric 4
infrastructure, as defined in 18 CFR [Section 118.113(c)(3)] 5
Section 388.113(c)(3) including, but not limited to, an 6
electrical power generating facility, substation, switching 7
station, electrical control center, or electric power lines 8
and associated equipment infrastructure; a chemical, 9
polymer, or rubber manufacturing facility; a water intake 10
structure, water storage facility, water treatment facility, 11
wastewater treatment plant, wastewater pumping facility, or 12
pump station; a natural gas compressor station; a liquid 13
natural gas terminal or storage facility; a 14
telecommunications central switching office; wireline or 15
wireless telecommunications networks, infrastructure, or 16
facilities, including cell towers, telephone poles and 17
lines, including fiber optic lines; a port, railroad 18
switching yard, railroad tracks, trucking terminal, or other 19
freight transportation facility; a gas processing plant, 20
including a plant used in the processing, treatment, or 21
fractionation of natural gas or natural gas liquids; a 22
transmission facility used by a federally licensed radio or 23
television station; a steelmaking facility that uses an 24
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electric arc furnace to make steel; a facility identified 25
and regulated by the United States Department of Homeland 26
Security Chemical Facility Anti-Terrorism Standards (CFATS) 27
program; a dam that is regulated by the state or federal 28
government; a natural gas distribution utility facility 29
including, but not limited to, natural gas distribution and 30
transmission mains and services, pipeline interconnections, 31
a city gate or town border station, metering station, 32
aboveground piping, a regulator station, and a natural gas 33
storage facility; a crude oil or refined products storage 34
and distribution facility including, but not limited to, 35
valve sites, pipeline interconnection, pump station, 36
metering station, below or aboveground pipeline or piping 37
and truck loading or offloading facility, a grain mill or 38
processing facility; [a] networks and facilities used in the 39
generation, transmission, or distribution [system] of 40
broadband internet access; or any aboveground portion of an 41
oil, gas, hazardous liquid or chemical pipeline, tank, 42
railroad facility, or other storage facility that is 43
enclosed by a fence, other physical barrier, or is clearly 44
marked with signs prohibiting trespassing, that are 45
obviously designed to exclude intruders. 46
2. A person commits the offense of trespass on a 47
critical infrastructure facility if he or she purposely 48
trespasses or enters property containing a critical 49
infrastructure facility without the permission of the owner 50
of the property or lawful occupant thereof. The offense of 51
trespass on a critical infrastructure facility is a class B 52
misdemeanor. [If it is determined that the intent of the 53
trespasser is to damage, destroy, or tamper with equipment, 54
or impede or inhibit operations of the facility, the person 55
shall be guilty of a class A misdemeanor. 56
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3. A person commits the offense of damage of a 57
critical infrastructure if he or she purposely damages, 58
destroys, or tampers with equipment in a critical 59
infrastructure facility. The offense of damage of a 60
critical infrastructure facility is a class D felony. 61
4.] 3. This section shall not apply to conduct 62
protected under the Constitution of the United States, the 63
Constitution of [the state of] Missouri, or a state or 64
federal law or rule. 65
569.117. 1. A person commits the offense of damage of 1
a critical infrastructure facility, as defined in section 2
569.086, if he or she: 3
(1) Purposely damages, destroys, or tampers with 4
equipment in a critical infrastructure facility; or 5
(2) Recklessly damages, destroys, or tampers with a 6
critical infrastructure facility, or removes any component 7
of the critical infrastructure facility, excluding equipment. 8
2. Except as provided under subsection 3 of this 9
section, the offense of damage of a critical infrastructure 10
facility under: 11
(1) Subdivision (1) of subsection 1 of this section is 12
a class D felony; or 13
(2) Subdivision (2) of subsection 1 of this section is 14
a: 15
(a) Class A misdemeanor if the damage is under seven 16
hundred fifty dollars; 17
(b) Class E felony if the damage is seven hundred 18
fifty dollars or more but less than twenty-five thousand 19
dollars; or 20
(c) Class D felony if the damage is twenty-five 21
thousand dollars or more. 22
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3. If the damage to a critical infrastructure facility 23
causes interruption, impairment, or degradation of service, 24
the offense of damage of a critical infrastructure facility 25
shall be a class C felony regardless of value. 26
4. The value of damages under this section shall be 27
determined under the provisions of section 570.020. 28
5. (1) Any person who commits a violation under this 29
section shall be required to make restitution and perform 30
community service as provided in this subsection. 31
(2) Restitution shall be made under the provisions of 32
section 559.105. 33
(3) Community service shall be imposed as follows: 34
(a) One hundred hours for the first offense; 35
(b) Two hundred hours for the second offense; or 36
(c) Up to three hundred hours for the third or any 37
subsequent offense. 38
569.119. 1. As used in this section, the following 1
terms mean: 2
(1) "Copper, brass, aluminum, fiber, or 3
telecommunications material", any insulated or noninsulated 4
copper, brass, aluminum, fiber-optic, or telecommunications 5
wire, cable, pipe, tubing, power inverter, bus bar, 6
broadband cable, fiber-optic line, or any material 7
containing copper, brass, aluminum, fiber, glass, or metal 8
components that is commonly used in construction, electrical 9
systems, telecommunications networks, broadband 10
infrastructure, utilities, or related commercial or 11
industrial applications; 12
(2) "Critical infrastructure facility", the same 13
meaning as defined under section 569.086. 14
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2. A person commits the offense of unauthorized 15
possession of certain copper, brass, aluminum, fiber, or 16
telecommunications material if the person: 17
(1) Knowingly possesses copper, brass, aluminum, 18
fiber, or telecommunications material; and 19
(2) Is not a person authorized to possess such 20
material as provided under subsection 3 of this section. 21
3. Subject to subsection 4 of this section, the 22
following persons are authorized to possess copper, brass, 23
aluminum, fiber, or telecommunications material: 24
(1) The owner of the material; 25
(2) A public utility, rural electric cooperative, 26
municipal utility, or common carrier; 27
(3) A telecommunications provider, internet service 28
provider, cable service provider, or video service provider; 29
(4) A manufacturing, industrial, commercial, retail, 30
or similar business that sells or uses such material in the 31
ordinary course of business; 32
(5) A carrier-for-hire acting in the course and scope 33
of the carrier's business and possessing appropriate 34
documentation, including a bill of lading or contract 35
verifying transport information; 36
(6) A scrap metal or metal recycling dealer under 37
chapter 407 and acting within the ordinary course of 38
business; 39
(7) A person acting in the ordinary course of lawful 40
construction, remodeling, demolition, or salvage work who 41
lawfully acquires the material through such activities; or 42
(8) Any agent, employee, subcontractor, or 43
representative of a person described in subdivisions (1) to 44
(7) of this subsection who is acting within the course and 45
scope of such authority. 46
CCS SS SB 1421 79
4. The authorization provided under subsection 3 of 47
this section does not apply to a person who knows that the 48
copper, brass, aluminum, fiber, or telecommunications 49
material was unlawfully obtained. 50
5. (1) Except as provided in subdivision (2) of this 51
subsection, the offense of unauthorized possession of 52
certain copper, brass, aluminum, fiber, or 53
telecommunications material is a class E felony. 54
(2) The offense of unauthorized possession of certain 55
copper, brass, aluminum, fiber, or telecommunications 56
material is a class D felony if it is shown at trial that: 57
(a) The material was unlawfully obtained from a 58
critical infrastructure facility; 59
(b) The person has a prior conviction for any offense 60
involving theft, property damage, tampering, receiving 61
stolen property, or unauthorized possession of copper, 62
brass, aluminum, fiber, or telecommunications material; or 63
(c) The person conspired with or acted in concert with 64
another to commit theft, property damage, tampering, or 65
receiving stolen property involving such material. 66
6. If conduct constituting an offense under this 67
section also constitutes an offense under any other 68
provision of law, the person may be prosecuted under either 69
or both provisions subject to the provisions of section 70
556.041. 71
570.010. As used in this chapter, the following terms 1
mean: 2
(1) "Adulterated", varying from the standard of 3
composition or quality prescribed by statute or lawfully 4
promulgated administrative regulations of this state 5
lawfully filed, or if none, as set by commercial usage; 6
CCS SS SB 1421 80
(2) "Appropriate", to take, obtain, use, transfer, 7
conceal, retain or dispose; 8
(3) "Check", a check or other similar sight order or 9
any other form of presentment involving the transmission of 10
account information for the payment of money; 11
(4) "Closed-loop gift card", a card, code, or device 12
that is: 13
(a) Issued to a consumer on a prepaid basis primarily 14
for personal, family, or household purposes in a specified 15
monetary amount, regardless of whether that amount may be 16
increased or reloaded in exchange for payment; and 17
(b) Redeemable upon presentation by a consumer at a 18
single merchant or group of affiliated merchants; 19
(5) "Coercion", a threat, however communicated: 20
(a) To commit any offense; or 21
(b) To inflict physical injury in the future on the 22
person threatened or another; or 23
(c) To accuse any person of any offense; or 24
(d) To expose any person to hatred, contempt or 25
ridicule; or 26
(e) To harm the credit or business reputation of any 27
person; or 28
(f) To take or withhold action as a public servant, or 29
to cause a public servant to take or withhold action; or 30
(g) To inflict any other harm which would not benefit 31
the actor. A threat of accusation, lawsuit or other 32
invocation of official action is justified and not coercion 33
if the property sought to be obtained by virtue of such 34
threat was honestly claimed as restitution or 35
indemnification for harm done in the circumstances to which 36
the accusation, exposure, lawsuit or other official action 37
relates, or as compensation for property or lawful service. 38
CCS SS SB 1421 81
The defendant shall have the burden of injecting the issue 39
of justification as to any threat; 40
[(5)] (6) "Credit device", a writing, card, code, 41
number or other device purporting to evidence an undertaking 42
to pay for property or services delivered or rendered to or 43
upon the order of a designated person or bearer; 44
[(6)] (7) "Dealer", a person in the business of buying 45
and selling goods; 46
[(7)] (8) "Debit device", a writing, card, code, 47
number or other device, other than a check, draft or similar 48
paper instrument, by the use of which a person may initiate 49
an electronic fund transfer, including but not limited to 50
devices that enable electronic transfers of benefits to 51
public assistance recipients; 52
[(8)] (9) "Deceit or deceive", making a representation 53
which is false and which the actor does not believe to be 54
true and upon which the victim relies, as to a matter of 55
fact, law, value, intention or other state of mind, or 56
concealing a material fact as to the terms of a contract or 57
agreement. The term "deceit" does not, however, include 58
falsity as to matters having no pecuniary significance, or 59
puffing by statements unlikely to deceive ordinary persons 60
in the group addressed. Deception as to the actor's 61
intention to perform a promise shall not be inferred from 62
the fact alone that he did not subsequently perform the 63
promise; 64
[(9)] (10) "Deprive": 65
(a) To withhold property from the owner permanently; or 66
(b) To restore property only upon payment of reward or 67
other compensation; or 68
(c) To use or dispose of property in a manner that 69
makes recovery of the property by the owner unlikely; 70
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[(10)] (11) "Electronic benefits card" or "EBT card", 71
a debit card used to access food stamps or cash benefits 72
issued by the department of social services; 73
[(11)] (12) "Financial institution", a bank, trust 74
company, savings and loan association, or credit union; 75
[(12)] (13) "Food stamps", the nutrition assistance 76
program in Missouri that provides food and aid to low-income 77
individuals who are in need of benefits to purchase food 78
operated by the United States Department of Agriculture 79
(USDA) in conjunction with the department of social services; 80
[(13)] (14) "Forcibly steals", a person, in the course 81
of stealing, uses or threatens the immediate use of physical 82
force upon another person for the purpose of: 83
(a) Preventing or overcoming resistance to the taking 84
of the property or to the retention thereof immediately 85
after the taking; or 86
(b) Compelling the owner of such property or another 87
person to deliver up the property or to engage in other 88
conduct which aids in the commission of the theft; 89
(15) "Gift card", a physical or digital closed-loop 90
gift card or open-loop gift card that is either activated or 91
inactivated; 92
(16) "Gift card holder", any person or party to whom a 93
physical or virtual gift card is issued through a purchase, 94
or any person or party who receives a gift card from a 95
willing party; 96
(17) "Gift card issuer", any person who issues a gift 97
card or the agent of that person with respect to a gift card; 98
(18) "Gift card redemption information", information 99
unique to each gift card that allows the gift card holder to 100
access, transfer, or spend the funds on that gift card; 101
CCS SS SB 1421 83
(19) "Gift card seller", a merchant that is engaged in 102
the business of selling open-loop or closed-loop gift cards 103
to consumers with the approval or authorization of the gift 104
card issuer; 105
[(14)] (20) "Internet service", an interactive 106
computer service or system or an information service, 107
system, or access software provider that provides or enables 108
computer access by multiple users to a computer server, and 109
includes, but is not limited to, an information service, 110
system, or access software provider that provides access to 111
a network system commonly known as the internet, or any 112
comparable system or service and also includes, but is not 113
limited to, a world wide web page, newsgroup, message board, 114
mailing list, or chat area on any interactive computer 115
service or system or other online service; 116
[(15)] (21) "Means of identification", anything used 117
by a person as a means to uniquely distinguish himself or 118
herself; 119
[(16)] (22) "Merchant", a person who deals in goods of 120
the kind or otherwise by his or her occupation holds oneself 121
out as having knowledge or skill peculiar to the practices 122
or goods involved in the transaction or to whom such 123
knowledge or skill may be attributed by his or her 124
employment of an agent or broker or other intermediary who 125
by his or her occupation holds oneself out as having such 126
knowledge or skill; 127
[(17)] (23) "Mislabeled", varying from the standard of 128
truth or disclosure in labeling prescribed by statute or 129
lawfully promulgated administrative regulations of this 130
state lawfully filed, or if none, as set by commercial 131
usage; or represented as being another person's product, 132
CCS SS SB 1421 84
though otherwise accurately labeled as to quality and 133
quantity; 134
(24) "Open-loop gift card", a card, code, or device 135
that is: 136
(a) Issued to a consumer on a prepaid basis primarily 137
for personal, family, or household purposes in a specified 138
monetary amount, regardless of whether that amount may be 139
increased or reloaded in exchange for payment; 140
(b) Branded with a major payment network; and 141
(c) Redeemable upon presentation at multiple 142
unaffiliated merchants for goods or services; 143
[(18)] (25) "Pharmacy", any building, warehouse, 144
physician's office, hospital, pharmaceutical house or other 145
structure used in whole or in part for the sale, storage, or 146
dispensing of any controlled substance as defined in chapter 147
195; 148
[(19)] (26) "Property", anything of value, whether 149
real or personal, tangible or intangible, in possession or 150
in action, and shall include but not be limited to the 151
evidence of a debt actually executed but not delivered or 152
issued as a valid instrument; 153
[(20)] (27) "Public assistance benefits", anything of 154
value, including money, food, EBT cards, food stamps, 155
commodities, clothing, utilities, utilities payments, 156
shelter, drugs and medicine, materials, goods, and any 157
service including institutional care, medical care, dental 158
care, child care, psychiatric and psychological service, 159
rehabilitation instruction, training, transitional 160
assistance, or counseling, received by or paid on behalf of 161
any person under chapters 198, 205, 207, 208, 209, and 660, 162
or benefits, programs, and services provided or administered 163
CCS SS SB 1421 85
by the Missouri department of social services or any of its 164
divisions; 165
[(21)] (28) "Services" includes transportation, 166
telephone, electricity, gas, water, or other public service, 167
cable television service, video service, voice over internet 168
protocol service, or internet service, accommodation in 169
hotels, restaurants or elsewhere, admission to exhibitions 170
and use of vehicles; 171
[(22)] (29) "Stealing-related offense", federal and 172
state violations of criminal statutes against stealing, 173
robbery, or buying or receiving stolen property and shall 174
also include municipal ordinances against the same if the 175
offender was either represented by counsel or knowingly 176
waived counsel in writing and the judge accepting the plea 177
or making the findings was a licensed attorney at the time 178
of the court proceedings; 179
[(23)] (30) "Teller machine", an automated teller 180
machine (ATM) or interactive teller machine (ITM) is a 181
remote computer terminal owned or controlled by a financial 182
institution or a private business that allows individuals to 183
obtain financial services including obtaining cash, 184
transferring or transmitting money or digital currencies, 185
payment of bills, or loading money or digital currency to a 186
payment card or other device without physical in-person 187
assistance from another person. "Teller machine" does not 188
include personally owned electronic devices used to access 189
financial services; 190
[(24)] (31) "Video service", the provision of video 191
programming provided through wireline facilities located at 192
least in part in the public right-of-way without regard to 193
delivery technology, including internet protocol technology 194
whether provided as part of a tier, on demand, or a per- 195
CCS SS SB 1421 86
channel basis. This definition includes cable service as 196
defined by 47 U.S.C. Section 522(6), but does not include 197
any video programming provided by a commercial mobile 198
service provider as "commercial mobile service" is defined 199
in 47 U.S.C. Section 332(d), or any video programming 200
provided solely as part of and via a service that enables 201
users to access content, information, [electronic mail] 202
email, or other services offered over the public internet, 203
and includes microwave television transmission, from a 204
multipoint distribution service not capable of reception by 205
conventional television receivers without the use of special 206
equipment; 207
[(25)] (32) "Voice over internet protocol service", a 208
service that: 209
(a) Enables real-time, two-way voice communication; 210
(b) Requires a broadband connection from the user's 211
location; 212
(c) Requires internet protocol-compatible customer 213
premises equipment; and 214
(d) Permits users generally to receive calls that 215
originate on the public switched telephone network and to 216
terminate calls to the public switched telephone network; 217
[(26)] (33) "Writing" includes printing, any other 218
method of recording information, money, coins, negotiable 219
instruments, tokens, stamps, seals, credit cards, badges, 220
trademarks and any other symbols of value, right, privilege 221
or identification. 222
570.137. 1. A person commits the offense of gift card 1
fraud if he or she knowingly: 2
(1) Alters or tampers with a gift card or its 3
packaging; 4
CCS SS SB 1421 87
(2) Devises a scheme to obtain a gift card or gift 5
card redemption information from a gift card holder, gift 6
card issuer, or gift card seller by means of deceit; or 7
(3) Uses, for the purpose of obtaining money, goods, 8
services, or anything else of value, a gift card or gift 9
card redemption information that has been obtained in 10
violation of this subsection. 11
2. The offense of gift card fraud is a class C felony 12
if the value of the gift card; gift card redemption 13
information; or money, goods, services, or other thing of 14
value obtained as a result of violating subsection 1 of this 15
section is twenty-five thousand dollars or more. 16
3. The offense of gift card fraud is a class D felony 17
if the value of the gift card; gift card redemption 18
information; or money, goods, services, or other thing of 19
value obtained as a result of violating subsection 1 of this 20
section is seven hundred fifty dollars or more but less than 21
twenty-five thousand dollars. 22
4. The offense of gift card fraud is a class A 23
misdemeanor if the value of the gift card; gift card 24
redemption information; or money, goods, services, or other 25
thing of value obtained as a result of violating subsection 26
1 of this section is less than seven hundred fifty dollars. 27
For the purpose of determining the value of a gift card 28
under this section, "value" shall mean the greatest amount 29
of economic loss the owner of the property might reasonably 30
suffer, including, in the case of a gift card, the full 31
monetary face value or potential value for variable load 32
gift cards. 33
571.030. 1. A person commits the offense of unlawful 1
use of weapons, except as otherwise provided by sections 2
CCS SS SB 1421 88
571.101 to 571.121 and sections 571.205 to 571.230, if he or 3
she knowingly: 4
(1) Carries concealed upon or about his or her person 5
a knife, a firearm, a blackjack or any other weapon readily 6
capable of lethal use into any area where firearms are 7
restricted under section 571.107; or 8
(2) Sets a spring gun; or 9
(3) Discharges or shoots a firearm into a dwelling 10
house, a railroad train, boat, aircraft, or motor vehicle as 11
defined in section 302.010, or any building or structure 12
used for the assembling of people; or 13
(4) Exhibits, in the presence of one or more persons, 14
any weapon readily capable of lethal use in an angry or 15
threatening manner; or 16
(5) Has a firearm or projectile weapon readily capable 17
of lethal use on his or her person, while he or she is 18
intoxicated, and handles or otherwise uses such firearm or 19
projectile weapon in either a negligent or unlawful manner 20
or discharges such firearm or projectile weapon unless 21
acting in self-defense; or 22
(6) Discharges a firearm within one hundred yards of 23
any occupied schoolhouse, courthouse, or church building; or 24
(7) Discharges or shoots a firearm at a mark, at any 25
object, or at random, on, along or across a public highway 26
or discharges or shoots a firearm into any outbuilding; or 27
(8) Carries a firearm or any other weapon readily 28
capable of lethal use into any church or place where people 29
have assembled for worship, or into any election precinct on 30
any election day, or into any building owned or occupied by 31
any agency of the federal government, state government, or 32
political subdivision thereof; or 33
CCS SS SB 1421 89
(9) Discharges or shoots a firearm at or from a motor 34
vehicle, as defined in section 301.010, discharges or shoots 35
a firearm at any person, or at any other motor vehicle, or 36
at any building or habitable structure, unless the person 37
was lawfully acting in self-defense; or 38
(10) Carries a firearm, whether loaded or unloaded, or 39
any other weapon readily capable of lethal use into any 40
school, onto any school bus, or onto the premises of any 41
function or activity sponsored or sanctioned by school 42
officials or the district school board; or 43
(11) Possesses a firearm while also knowingly in 44
possession of a controlled substance that is sufficient for 45
a felony violation of section 579.015. 46
2. Subdivisions (1), (8), and (10) of subsection 1 of 47
this section shall not apply to the persons described in 48
this subsection, regardless of whether such uses are 49
reasonably associated with or are necessary to the 50
fulfillment of such person's official duties except as 51
otherwise provided in this subsection. Subdivisions (3), 52
(4), (6), (7), and (9) of subsection 1 of this section shall 53
not apply to or affect any of the following persons, when 54
such uses are reasonably associated with or are necessary to 55
the fulfillment of such person's official duties, except as 56
otherwise provided in this subsection: 57
(1) All state, county and municipal peace officers who 58
have completed the training required by the police officer 59
standards and training commission pursuant to sections 60
590.030 to 590.050 and who possess the duty and power of 61
arrest for violation of the general criminal laws of the 62
state or for violation of ordinances of counties or 63
municipalities of the state, whether such officers are on or 64
off duty, and whether such officers are within or outside of 65
CCS SS SB 1421 90
the law enforcement agency's jurisdiction, or all qualified 66
retired peace officers, as defined in subsection 12 of this 67
section, and who carry the identification defined in 68
subsection 13 of this section, or any person summoned by 69
such officers to assist in making arrests or preserving the 70
peace while actually engaged in assisting such officer; 71
(2) Wardens, superintendents and keepers of prisons, 72
penitentiaries, jails and other institutions for the 73
detention of persons accused or convicted of crime; 74
(3) Members of the Armed Forces or National Guard 75
while performing their official duty; 76
(4) Those persons vested by Article V, Section 1 of 77
the Constitution of Missouri with the judicial power of the 78
state and those persons vested by Article III of the 79
Constitution of the United States with the judicial power of 80
the United States, the members of the federal judiciary; 81
(5) Any person whose bona fide duty is to execute 82
process, civil or criminal; 83
(6) Any federal probation officer or federal flight 84
deck officer as defined under the federal flight deck 85
officer program, 49 U.S.C. Section 44921, regardless of 86
whether such officers are on duty, or within the law 87
enforcement agency's jurisdiction; 88
(7) Any state probation or parole officer, including 89
supervisors and members of the parole board; 90
(8) Any corporate security advisor meeting the 91
definition and fulfilling the requirements of the 92
regulations established by the department of public safety 93
under section 590.750; 94
(9) Any coroner, deputy coroner, medical examiner, or 95
assistant medical examiner; 96
CCS SS SB 1421 91
(10) Any municipal or county prosecuting attorney or 97
assistant prosecuting attorney; any circuit attorney or 98
assistant circuit attorney; any municipal, associate, or 99
circuit judge; the attorney general and any assistant 100
attorney general; or any person appointed by a court to be a 101
special prosecutor who has completed the firearms safety 102
training course required under subsection 2 of section 103
571.111; 104
(11) Any member of a fire department or fire 105
protection district who is employed on a full-time basis as 106
a fire investigator and who has a valid concealed carry 107
endorsement issued prior to August 28, 2013, or a valid 108
concealed carry permit under section 571.111 when such uses 109
are reasonably associated with or are necessary to the 110
fulfillment of such person's official duties; and 111
(12) Upon the written approval of the governing body 112
of a fire department or fire protection district, any paid 113
fire department or fire protection district member who is 114
employed on a full-time basis and who has a valid concealed 115
carry endorsement issued prior to August 28, 2013, or a 116
valid concealed carry permit, when such uses are reasonably 117
associated with or are necessary to the fulfillment of such 118
person's official duties. 119
3. Subdivisions (1), (5), (8), and (10) of subsection 120
1 of this section do not apply when the actor is 121
transporting such weapons in a nonfunctioning state or in an 122
unloaded state when ammunition is not readily accessible or 123
when such weapons are not readily accessible. Subdivision 124
(1) of subsection 1 of this section does not apply to any 125
person nineteen years of age or older or eighteen years of 126
age or older and a member of the United States Armed Forces, 127
or honorably discharged from the United States Armed Forces, 128
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transporting a concealable firearm in the passenger 129
compartment of a motor vehicle, so long as such concealable 130
firearm is otherwise lawfully possessed, nor when the actor 131
is also in possession of an exposed firearm or projectile 132
weapon for the lawful pursuit of game, or is in his or her 133
dwelling unit or upon premises over which the actor has 134
possession, authority or control, or is traveling in a 135
continuous journey peaceably through this state. 136
Subdivision (10) of subsection 1 of this section does not 137
apply if the firearm is otherwise lawfully possessed by a 138
person while traversing school premises for the purposes of 139
transporting a student to or from school, or possessed by an 140
adult for the purposes of facilitation of a school- 141
sanctioned firearm-related event or club event. 142
4. Subdivisions (1), (8), and (10) of subsection 1 of 143
this section shall not apply to any person who has a valid 144
concealed carry permit issued pursuant to sections 571.101 145
to 571.121 or sections 571.205 to 571.230, a valid concealed 146
carry endorsement issued before August 28, 2013, or a valid 147
permit or endorsement to carry concealed firearms issued by 148
another state or political subdivision of another state. 149
5. Subdivisions (3), (4), (5), (6), (7), (8), (9), and 150
(10) of subsection 1 of this section shall not apply to 151
persons who are engaged in a lawful act of defense pursuant 152
to section 563.031. 153
6. Notwithstanding any provision of this section to 154
the contrary, the state shall not prohibit any state 155
employee from having a firearm in the employee's vehicle on 156
the state's property provided that the vehicle is locked and 157
the firearm is not visible. This subsection shall only 158
apply to the state as an employer when the state employee's 159
vehicle is on property owned or leased by the state and the 160
CCS SS SB 1421 93
state employee is conducting activities within the scope of 161
his or her employment. For the purposes of this subsection, 162
"state employee" means an employee of the executive, 163
legislative, or judicial branch of the government of the 164
state of Missouri. 165
7. (1) Subdivision (10) of subsection 1 of this 166
section shall not apply to a person who is a school officer 167
commissioned by the district school board under section 168
162.215 or who is a school protection officer, as described 169
under section 160.665. 170
(2) Nothing in this section shall make it unlawful for 171
a student to actually participate in school-sanctioned gun 172
safety courses, student military or ROTC courses, or other 173
school-sponsored or club-sponsored firearm-related events, 174
provided the student does not carry a firearm or other 175
weapon readily capable of lethal use into any school, onto 176
any school bus, or onto the premises of any other function 177
or activity sponsored or sanctioned by school officials or 178
the district school board. 179
8. A person who commits the crime of unlawful use of 180
weapons under: 181
(1) Subdivision (2), (3), (4), or (11) of subsection 1 182
of this section shall be guilty of a class E felony; 183
(2) Subdivision (1), (6), (7), or (8) of subsection 1 184
of this section shall be guilty of a class B misdemeanor, 185
except when a concealed weapon is carried onto any private 186
property whose owner has posted the premises as being off- 187
limits to concealed firearms by means of one or more signs 188
displayed in a conspicuous place of a minimum size of eleven 189
inches by fourteen inches with the writing thereon in 190
letters of not less than one inch, in which case the 191
penalties of subsection 2 of section 571.107 shall apply; 192
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(3) Subdivision (5) or (10) of subsection 1 of this 193
section shall be guilty of a class A misdemeanor if the 194
firearm is unloaded and a class E felony if the firearm is 195
loaded; 196
(4) Subdivision (9) of subsection 1 of this section 197
shall be guilty of a class B felony, except that if the 198
violation of subdivision (9) of subsection 1 of this section 199
results in injury or death to another person, it is a class 200
A felony. 201
9. Violations of subdivision (9) of subsection 1 of 202
this section shall be punished as follows: 203
(1) For the first violation a person shall be 204
sentenced to the maximum authorized term of imprisonment for 205
a class B felony; 206
(2) For any violation by a prior offender as defined 207
in section 558.016, a person shall be sentenced to the 208
maximum authorized term of imprisonment for a class B felony 209
without the possibility of parole, probation or conditional 210
release for a term of ten years; 211
(3) For any violation by a persistent offender as 212
defined in section 558.016, a person shall be sentenced to 213
the maximum authorized term of imprisonment for a class B 214
felony without the possibility of parole, probation, or 215
conditional release; 216
(4) For any violation which results in injury or death 217
to another person, a person shall be sentenced to an 218
authorized disposition for a class A felony. 219
10. Any person knowingly aiding or abetting any other 220
person in the violation of subdivision (9) of subsection 1 221
of this section shall be subject to the same penalty as that 222
prescribed by this section for violations by other persons. 223
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11. Notwithstanding any other provision of law, no 224
person who pleads guilty to or is found guilty of a felony 225
violation of subsection 1 of this section shall receive a 226
suspended imposition of sentence if such person has 227
previously received a suspended imposition of sentence for 228
any other firearms- or weapons-related felony offense. 229
12. As used in this section "qualified retired peace 230
officer" means an individual who: 231
(1) Retired in good standing from service with a 232
public agency as a peace officer, other than for reasons of 233
mental instability; 234
(2) Before such retirement, was authorized by law to 235
engage in or supervise the prevention, detection, 236
investigation, or prosecution of, or the incarceration of 237
any person for, any violation of law, and had statutory 238
powers of arrest; 239
(3) Before such retirement, was regularly employed as 240
a peace officer for an aggregate of fifteen years or more, 241
or retired from service with such agency, after completing 242
any applicable probationary period of such service, due to a 243
service-connected disability, as determined by such agency; 244
(4) Has a nonforfeitable right to benefits under the 245
retirement plan of the agency if such a plan is available; 246
(5) During the most recent twelve-month period, has 247
met, at the expense of the individual, the standards for 248
training and qualification for active peace officers to 249
carry firearms; 250
(6) Is not under the influence of alcohol or another 251
intoxicating or hallucinatory drug or substance; and 252
(7) Is not prohibited by federal law from receiving a 253
firearm. 254
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13. The identification required by subdivision (1) of 255
subsection 2 of this section is: 256
(1) A photographic identification issued by the agency 257
from which the individual retired from service as a peace 258
officer that indicates that the individual has, not less 259
recently than one year before the date the individual is 260
carrying the concealed firearm, been tested or otherwise 261
found by the agency to meet the standards established by the 262
agency for training and qualification for active peace 263
officers to carry a firearm of the same type as the 264
concealed firearm; or 265
(2) A photographic identification issued by the agency 266
from which the individual retired from service as a peace 267
officer; and 268
(3) A certification issued by the state in which the 269
individual resides that indicates that the individual has, 270
not less recently than one year before the date the 271
individual is carrying the concealed firearm, been tested or 272
otherwise found by the state to meet the standards 273
established by the state for training and qualification for 274
active peace officers to carry a firearm of the same type as 275
the concealed firearm. 276
577.800. 1. A person commits the offense of unlawful 1
use of unmanned aircraft over an open-air facility or 2
critical infrastructure facility if he or she purposely: 3
(1) Operates an unmanned aircraft within a vertical 4
distance of four hundred feet from the ground and within the 5
property line of an open-air facility; [or] 6
(2) Uses an unmanned aircraft with the purpose of 7
delivering to a person within an open-air facility any 8
object described in subdivision (1) or (2) of subsection 4 9
of this section; 10
CCS SS SB 1421 97
(3) Uses an unmanned aircraft within the boundary of 11
any critical infrastructure facility; or 12
(4) Operates an unmanned aircraft within a vertical 13
distance of four hundred feet from the ground and within the 14
property line of a critical infrastructure facility in 15
furtherance of any violation of criminal law. 16
2. For purposes of this section, "open-air facility" 17
shall mean any sports, theater, music, performing arts, or 18
other entertainment facility with a capacity of five 19
[thousand] hundred people or more and not completely 20
enclosed by a roof or other structure. For purposes of this 21
section, "critical infrastructure facility" shall have the 22
same meaning as section 569.086. 23
3. The provisions of this section shall not prohibit 24
the operation of an unmanned aircraft by: 25
(1) An employee, owner, or operator of an open-air 26
facility [at the direction of the president or chief 27
executive officer of the open-air facility] or critical 28
infrastructure facility for the purpose of monitoring, 29
inspecting, operating, or maintaining the facility; 30
(2) A person who has written consent from the 31
president or chief executive officer of the open-air 32
facility or critical infrastructure facility; 33
(3) An employee of a law enforcement agency, fire 34
department, or emergency medical service in the exercise of 35
official duties; 36
(4) A government official or employee in the exercise 37
of official duties; 38
(5) A public utility or a rural electric cooperative 39
if: 40
(a) The unmanned aircraft is used for the purpose of 41
inspecting, repairing, or maintaining utility transmission 42
CCS SS SB 1421 98
or distribution lines or other utility equipment or 43
infrastructure; 44
(b) The utility or cooperative notifies the open-air 45
facility or critical infrastructure facility before flying 46
the unmanned aircraft, except during an emergency; and 47
(c) The person operating the unmanned aircraft does 48
not physically enter the prohibited space without an escort 49
provided by the open-air facility or critical infrastructure 50
facility; or 51
(6) An employee of a railroad in the exercise of 52
official duties on any land owned or operated by a railroad 53
corporation regulated by the Federal Railroad Administration. 54
4. The offense of unlawful use of unmanned aircraft 55
over an open-air facility or critical infrastructure 56
facility shall be punishable as an infraction unless the 57
person uses an unmanned aircraft for: 58
(1) Delivering a gun, knife, weapon, or other article, 59
including any explosive device or material, that may be used 60
in such manner to endanger the life of an employee or guest 61
at an open-air facility or critical infrastructure facility, 62
in which case the offense is a class B felony; or 63
(2) Delivering a controlled substance, as that term is 64
defined under section 195.010, in which case the offense is 65
a class D felony. 66
5. Each open-air facility or critical infrastructure 67
facility shall post a sign warning of the provisions of this 68
section. The sign shall be at least eleven inches by 69
fourteen inches and posted in a conspicuous place. 70
6. This section shall not apply to an operator of an 71
unmanned aircraft that is being used for a commercial 72
purpose that is otherwise operating lawfully, provided the 73
CCS SS SB 1421 99
operator is authorized by the Federal Aviation 74
Administration to conduct lawful operations in that airspace. 75
579.022. 1. A person commits the offense of delivery 1
of a controlled substance causing death if a person delivers 2
or distributes a controlled substance under section 579.020 3
[knowing such substance is mixed with another controlled 4
substance] and a death results from the use of such 5
controlled substance. 6
2. It shall not be a defense that the user contributed 7
to the user's own death by using the controlled substance or 8
consenting to the administration of the controlled substance 9
by another. 10
3. The offense of delivery of a controlled substance 11
causing death is a class A felony. 12
4. For purposes of this section, "controlled 13
substance" means a Schedule I or Schedule II controlled 14
substance, as defined in section 195.017. 15
579.060. 1. A person commits the offense of unlawful 1
sale, distribution, or purchase of over-the-counter 2
methamphetamine precursor drugs if he or she knowingly: 3
(1) Sells, distributes, dispenses, or otherwise 4
provides any number of packages of any drug product 5
containing detectable amounts of ephedrine, 6
phenylpropanolamine, or pseudoephedrine, or any of their 7
salts, optical isomers, or salts of optical isomers, in a 8
total amount greater than seven and two-tenths grams to the 9
same individual within a thirty-day period, unless the 10
amount is dispensed, sold, or distributed pursuant to a 11
valid prescription; or 12
(2) Purchases, receives, or otherwise acquires within 13
a thirty-day period any number of packages of any drug 14
product containing any detectable amount of ephedrine, 15
CCS SS SB 1421 100
phenylpropanolamine, or pseudoephedrine, or any of their 16
salts or optical isomers, or salts of optical isomers in a 17
total amount greater than seven and two-tenths grams, 18
without regard to the number of transactions, unless the 19
amount is purchased, received, or acquired pursuant to a 20
valid prescription; or 21
(3) Purchases, receives, or otherwise acquires within 22
a twenty-four-hour period any number of packages of any drug 23
product containing any detectable amount of ephedrine, 24
phenylpropanolamine, or pseudoephedrine, or any of their 25
salts or optical isomers, or salts of optical isomers in a 26
total amount greater than three and six-tenths grams, 27
without regard to the number of transactions, unless the 28
amount is purchased, received, or acquired pursuant to a 29
valid prescription; or 30
(4) Sells, distributes, dispenses, or otherwise 31
provides any number of packages of any drug product 32
containing detectable amounts of ephedrine, 33
phenylpropanolamine, or pseudoephedrine, or any of their 34
salts, optical isomers, or salts of optical isomers, in a 35
total amount greater than [forty-three] sixty-one and two- 36
tenths grams to the same individual within a twelve-month 37
period, unless the amount is dispensed, sold, or distributed 38
pursuant to a valid prescription; or 39
(5) Purchases, receives, or otherwise acquires within 40
a twelve-month period any number of packages of any drug 41
product containing any detectable amount of ephedrine, 42
phenylpropanolamine, or pseudoephedrine, or any of their 43
salts or optical isomers, or salts of optical isomers in a 44
total amount greater than [forty-three] sixty-one and two- 45
tenths grams, without regard to the number of transactions, 46
CCS SS SB 1421 101
unless the amount is purchased, received, or acquired 47
pursuant to a valid prescription; or 48
(6) Dispenses or offers drug products that are not 49
excluded from Schedule V in subsection 17 or 18 of section 50
195.017 and that contain detectable amounts of ephedrine, 51
phenylpropanolamine, or pseudoephedrine, or any of their 52
salts, optical isomers, or salts of optical isomers, without 53
ensuring that such products are located behind a pharmacy 54
counter where the public is not permitted and that such 55
products are dispensed by a registered pharmacist or 56
pharmacy technician under subsection 11 of section 195.017; 57
or 58
(7) Holds a retail sales license issued under chapter 59
144 and knowingly sells or dispenses packages that do not 60
conform to the packaging requirements of section 195.418. 61
2. A pharmacist, intern pharmacist, or registered 62
pharmacy technician commits the offense of unlawful sale, 63
distribution, or purchase of over-the-counter 64
methamphetamine precursor drugs if he or she knowingly: 65
(1) Sells, distributes, dispenses, or otherwise 66
provides any number of packages of any drug product 67
containing detectable amounts of ephedrine, 68
phenylpropanolamine, or pseudoephedrine, or any of their 69
salts or optical isomers, or salts of optical isomers, in a 70
total amount greater than three and six-tenth grams to the 71
same individual within a twenty-four hour period, unless the 72
amount is dispensed, sold, or distributed pursuant to a 73
valid prescription; or 74
(2) Fails to submit information under subsection 13 of 75
section 195.017 and subsection 6 of section 195.417 about 76
the sales of any compound, mixture, or preparation of 77
products containing detectable amounts of ephedrine, 78
CCS SS SB 1421 102
phenylpropanolamine, or pseudoephedrine, or any of their 79
salts, optical isomers, or salts of optical isomers, in 80
accordance with transmission methods and frequency 81
established by the department of health and senior services; 82
or 83
(3) Fails to implement and maintain an electronic log, 84
as required by subsection 12 of section 195.017, of each 85
transaction involving any detectable quantity of 86
pseudoephedrine, its salts, isomers, or salts of optical 87
isomers or ephedrine, its salts, optical isomers, or salts 88
of optical isomers; or 89
(4) Sells, distributes, dispenses or otherwise 90
provides to an individual under eighteen years of age 91
without a valid prescription any number of packages of any 92
drug product containing any detectable quantity of 93
pseudoephedrine, its salts, isomers, or salts of optical 94
isomers, or ephedrine, its salts or optical isomers, or 95
salts of optical isomers. 96
3. Any person who violates the packaging requirements 97
of section 195.418 and is considered the general owner or 98
operator of the outlet where ephedrine, pseudoephedrine, or 99
phenylpropanolamine products are available for sale shall 100
not be penalized if he or she documents that an employee 101
training program was in place to provide the employee who 102
made the unlawful retail sale with information on the state 103
and federal regulations regarding ephedrine, 104
pseudoephedrine, or phenylpropanolamine. 105
4. A manufacturer commits the offense of unlawful 106
sale, distribution, or purchase of over-the-counter 107
methamphetamine precursor drugs if he or she knowingly fails 108
to pay the fees required under subsection 7 of section 109
195.417. 110
CCS SS SB 1421 103
5. The offense of unlawful sale, distribution, or 111
purchase of over-the-counter methamphetamine precursor drugs 112
is a class A misdemeanor. 113
579.065. 1. A person commits the offense of 1
trafficking drugs in the first degree if, except as 2
authorized by this chapter or chapter 195, such person 3
knowingly distributes, delivers, manufactures, produces or 4
attempts to distribute, deliver, manufacture or produce: 5
(1) More than thirty grams of a mixture or substance 6
containing a detectable amount of heroin; 7
(2) More than one hundred fifty grams of a mixture or 8
substance containing a detectable amount of coca leaves, 9
except coca leaves and extracts of coca leaves from which 10
cocaine, ecgonine, and derivatives of ecgonine or their 11
salts have been removed; cocaine salts and their optical and 12
geometric isomers, and salts of isomers; ecgonine, its 13
derivatives, their salts, isomers, and salts of isomers; or 14
any compound, mixture, or preparation which contains any 15
quantity of any of the foregoing substances; 16
(3) More than five hundred milligrams of a mixture or 17
substance containing a detectable amount of lysergic acid 18
diethylamide (LSD); 19
(4) More than thirty grams of a mixture or substance 20
containing a detectable amount of phencyclidine (PCP); 21
(5) More than four grams of phencyclidine; 22
(6) More than thirty kilograms of a mixture or 23
substance containing marijuana; 24
(7) More than thirty grams of any material, compound, 25
mixture, or preparation containing any quantity of the 26
following substances having a stimulant effect on the 27
central nervous system: amphetamine, its salts, optical 28
isomers and salts of its optical isomers; methamphetamine, 29
CCS SS SB 1421 104
its salts, optical isomers and salts of its optical isomers; 30
phenmetrazine and its salts; or methylphenidate; 31
(8) More than thirty grams of any material, compound, 32
mixture, or preparation which contains any quantity of 3,4- 33
methylenedioxymethamphetamine; 34
(9) One gram or more of flunitrazepam for the first 35
offense; 36
(10) Any amount of gamma-hydroxybutyric acid for the 37
first offense; [or] 38
(11) More than [ten] three milligrams of fentanyl [or 39
carfentanil], or any derivative thereof, [or any combination 40
thereof,] or any compound, mixture, or substance containing 41
a detectable amount of fentanyl [or carfentanil], or [their] 42
its optical isomers or analogues; or 43
(12) Any amount of carfentanil. 44
2. The offense of trafficking drugs in the first 45
degree is a class B felony. 46
3. The offense of trafficking drugs in the first 47
degree is a class A felony if the quantity involved is: 48
(1) Ninety grams or more of a mixture or substance 49
containing a detectable amount of heroin; or 50
(2) Four hundred fifty grams or more of a mixture or 51
substance containing a detectable amount of coca leaves, 52
except coca leaves and extracts of coca leaves from which 53
cocaine, ecgonine, and derivatives of ecgonine or their 54
salts have been removed; cocaine salts and their optical and 55
geometric isomers, and salts of isomers; ecgonine, its 56
derivatives, their salts, isomers, and salts of isomers; or 57
any compound, mixture, or preparation which contains any 58
quantity of any of the foregoing substances; or 59
CCS SS SB 1421 105
(3) One gram or more of a mixture or substance 60
containing a detectable amount of lysergic acid diethylamide 61
(LSD); or 62
(4) Ninety grams or more of a mixture or substance 63
containing a detectable amount of phencyclidine (PCP); or 64
(5) Twelve grams or more of phencyclidine; or 65
(6) One hundred kilograms or more of a mixture or 66
substance containing marijuana; or 67
(7) Ninety grams or more of any material, compound, 68
mixture, or preparation containing any quantity of the 69
following substances having a stimulant effect on the 70
central nervous system: amphetamine, its salts, optical 71
isomers and salts of its optical isomers; methamphetamine, 72
its salts, optical isomers and salts of its optical isomers; 73
phenmetrazine and its salts; or methylphenidate; or 74
(8) More than thirty grams of any material, compound, 75
mixture, or preparation containing any quantity of the 76
following substances having a stimulant effect on the 77
central nervous system: amphetamine, its salts, optical 78
isomers, and salts of its optical isomers; methamphetamine, 79
its salts, optical isomers, and salts of its optical 80
isomers; phenmetrazine and its salts; or methylphenidate, 81
and the location of the offense was within two thousand feet 82
of real property comprising a public or private elementary, 83
vocational, or secondary school, college, community college, 84
university, or any school bus, in or on the real property 85
comprising public housing or any other governmental assisted 86
housing, or within a motor vehicle, or in any structure or 87
building which contains rooms furnished for the 88
accommodation or lodging of guests, and kept, used, 89
maintained, advertised, or held out to the public as a place 90
CCS SS SB 1421 106
where sleeping accommodations are sought for pay or 91
compensation to transient guests or permanent guests; or 92
(9) Ninety grams or more of any material, compound, 93
mixture or preparation which contains any quantity of 3,4- 94
methylenedioxymethamphetamine; or 95
(10) More than thirty grams of any material, compound, 96
mixture, or preparation which contains any quantity of 3,4- 97
methylenedioxymethamphetamine and the location of the 98
offense was within two thousand feet of real property 99
comprising a public or private elementary, vocational, or 100
secondary school, college, community college, university, or 101
any school bus, in or on the real property comprising public 102
housing or any other governmental assisted housing, within a 103
motor vehicle, or in any structure or building which 104
contains rooms furnished for the accommodation or lodging of 105
guests, and kept, used, maintained, advertised, or held out 106
to the public as a place where sleeping accommodations are 107
sought for pay or compensation to transient guests or 108
permanent guests; or 109
(11) One gram or more of flunitrazepam for a second or 110
subsequent offense; or 111
(12) Any amount of gamma-hydroxybutyric acid for a 112
second or subsequent offense; or 113
(13) [Twenty] Fourteen milligrams or more of fentanyl 114
[or carfentanil], or any derivative thereof, [or any 115
combination thereof,] or any compound, mixture, or substance 116
containing a detectable amount of fentanyl [or carfentanil], 117
or [their] its optical isomers or analogues; or 118
(14) More than five hundredths of a milligram of 119
carfentanil. 120
579.068. 1. A person commits the offense of 1
trafficking drugs in the second degree if, except as 2
CCS SS SB 1421 107
authorized by this chapter or chapter 195, such person 3
knowingly possesses or has under his or her control, 4
purchases or attempts to purchase, or brings into this state: 5
(1) More than thirty grams of a mixture or substance 6
containing a detectable amount of heroin; 7
(2) More than one hundred fifty grams of a mixture or 8
substance containing a detectable amount of coca leaves, 9
except coca leaves and extracts of coca leaves from which 10
cocaine, ecgonine, and derivatives of ecgonine or their 11
salts have been removed; cocaine salts and their optical and 12
geometric isomers, and salts of isomers; ecgonine, its 13
derivatives, their salts, isomers, and salts of isomers; or 14
any compound, mixture, or preparation which contains any 15
quantity of any of the foregoing substances; 16
(3) More than five hundred milligrams of a mixture or 17
substance containing a detectable amount of lysergic acid 18
diethylamide (LSD); 19
(4) More than thirty grams of a mixture or substance 20
containing a detectable amount of phencyclidine (PCP); 21
(5) More than four grams of phencyclidine; 22
(6) More than thirty kilograms of a mixture or 23
substance containing marijuana; 24
(7) More than thirty grams of any material, compound, 25
mixture, or preparation containing any quantity of the 26
following substances having a stimulant effect on the 27
central nervous system: amphetamine, its salts, optical 28
isomers and salts of its optical isomers; methamphetamine, 29
its salts, optical isomers and salts of its optical isomers; 30
phenmetrazine and its salts; or methylphenidate; 31
(8) More than thirty grams of any material, compound, 32
mixture, or preparation which contains any quantity of 3,4- 33
methylenedioxymethamphetamine; [or] 34
CCS SS SB 1421 108
(9) More than [ten] three milligrams of fentanyl [or 35
carfentanil], or any derivative thereof, [or any combination 36
thereof,] or any compound, mixture, or substance containing 37
a detectable amount of fentanyl [or carfentanil], or [their] 38
its optical isomers or analogues; or 39
(10) Any amount of carfentanil. 40
2. The offense of trafficking drugs in the second 41
degree is a class C felony. 42
3. The offense of trafficking drugs in the second 43
degree is a class B felony if the quantity involved is: 44
(1) Ninety grams or more of a mixture or substance 45
containing a detectable amount of heroin; or 46
(2) Four hundred fifty grams or more of a mixture or 47
substance containing a detectable amount of coca leaves, 48
except coca leaves and extracts of coca leaves from which 49
cocaine, ecgonine, and derivatives of ecgonine or their 50
salts have been removed; cocaine salts and their optical and 51
geometric isomers, and salts of isomers; ecgonine, its 52
derivatives, their salts, isomers, and salts of isomers; or 53
any compound, mixture, or preparation which contains any 54
quantity of any of the foregoing substances; or 55
(3) One gram or more of a mixture or substance 56
containing a detectable amount of lysergic acid diethylamide 57
(LSD); or 58
(4) Ninety grams or more of a mixture or substance 59
containing a detectable amount of phencyclidine (PCP); or 60
(5) Twelve grams or more of phencyclidine; or 61
(6) One hundred kilograms or more of a mixture or 62
substance containing marijuana; or 63
(7) More than five hundred marijuana plants; or 64
(8) Ninety grams or more but less than four hundred 65
fifty grams of any material, compound, mixture, or 66
CCS SS SB 1421 109
preparation containing any quantity of the following 67
substances having a stimulant effect on the central nervous 68
system: amphetamine, its salts, optical isomers and salts 69
of its optical isomers; methamphetamine, its salts, optical 70
isomers and salts of its optical isomers; phenmetrazine and 71
its salts; or methylphenidate; or 72
(9) Ninety grams or more but less than four hundred 73
fifty grams of any material, compound, mixture, or 74
preparation which contains any quantity of 3,4- 75
methylenedioxymethamphetamine; or 76
(10) [Twenty] Fourteen milligrams or more of fentanyl 77
[or carfentanil], or any derivative thereof, [or any 78
combination thereof,] or any compound, mixture, or substance 79
containing a detectable amount of fentanyl [or carfentanil], 80
or [their] its optical isomers or analogues; or 81
(11) More than five hundredths of a milligram of 82
carfentanil. 83
4. The offense of trafficking drugs in the second 84
degree is a class A felony if the quantity involved is four 85
hundred fifty grams or more of any material, compound, 86
mixture or preparation which contains: 87
(1) Any quantity of the following substances having a 88
stimulant effect on the central nervous system: 89
amphetamine, its salts, optical isomers and salts of its 90
optical isomers; methamphetamine, its salts, isomers and 91
salts of its isomers; phenmetrazine and its salts; or 92
methylphenidate; or 93
(2) Any quantity of 3,4-methylenedioxymethamphetamine. 94
5. The offense of drug trafficking in the second 95
degree is a class C felony for the first offense and a class 96
B felony for any second or subsequent offense for the 97
trafficking of less than one gram of flunitrazepam. 98
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589.900. 1. For the purposes of sections 589.900 to 1
589.902, the following terms mean: 2
(1) "Authorized individuals", peace officers, as 3
defined in section 590.010, who are certified in accordance 4
with federal requirements, including the Homeland Security 5
Act of 2002, Pub. L. 107-296, as amended, when applicable, 6
to conduct unmanned aircraft and unmanned aerial system 7
mitigation; 8
(2) "Mitigate", any of the following actions: 9
(a) During the operation of an unmanned aircraft 10
system, to detect, identify, monitor, or track the unmanned 11
aircraft system or unmanned aircraft, without prior consent, 12
including by means of intercept or other access of a wire 13
communication, an oral communication, or an electronic 14
communication used to control the unmanned aircraft system 15
or unmanned aircraft; 16
(b) To warn the operator of the unmanned aircraft 17
system or unmanned aircraft, including by passive or active 18
and direct or indirect physical, electronic, radio, or 19
electromagnetic means, or through the use of remote 20
identification broadcast or other means; 21
(c) To disrupt control of the unmanned aircraft system 22
or unmanned aircraft, without prior consent, including by 23
disabling the unmanned aircraft system or unmanned aircraft 24
by intercepting, interfering, or causing interference with 25
wire, oral, electronic, or radio communications used to 26
control the unmanned aircraft system or unmanned aircraft; 27
(d) To seize or exercise control of the unmanned 28
aircraft system or unmanned aircraft; or 29
(e) To use reasonable force, if necessary, to disable, 30
damage, or destroy the unmanned aircraft system or unmanned 31
aircraft. 32
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2. The terms "unmanned aircraft" and "unmanned 33
aircraft system" shall have the meanings given such terms in 34
49 U.S.C. Section 44801. 35
589.902. 1. To the greatest extent permissible under 1
applicable federal law, including the Homeland Security Act 2
of 2002, Pub. L. 107-296, as amended, authorized individuals 3
in this state shall be empowered to take necessary action to 4
mitigate a credible threat that an unmanned aircraft or 5
unmanned aircraft system poses to the safety or security of 6
people, facilities, assets, a venue or set of venues used 7
for large-scale public gatherings or events, critical 8
infrastructure, or correctional facilities. 9
2. Nothing in this section shall be construed to limit 10
the power of a law enforcement officer in this state to 11
seize an unmanned aircraft system or unmanned aircraft in 12
the course of their duties. A law enforcement officer may 13
use all lawful means to effect such a seizure, which may 14
include the use of mitigation techniques where permissible. 15
3. Any unmanned aircraft system or unmanned aircraft 16
seized under this section or in connection with a criminal 17
act shall be subject to forfeiture under section 513.607. 18
4. Nothing in this section shall be construed to 19
permit the jamming of or interference with any signal, 20
except in accordance with all applicable federal laws, 21
rules, and regulations, including, but not limited to, the 22
Homeland Security Act of 2002, Pub. L. 107-296, as amended. 23
590.1300. 1. The POST commission shall establish a 1
training program to be known as the "Missouri Rangers", and 2
shall establish minimum standards for training instructors, 3
training centers, and training programs that focus on 4
preventing and responding to emergency or violent crisis 5
situations in school settings. 6
CCS SS SB 1421 112
2. (1) Each person seeking entrance into the Missouri 7
rangers training program shall submit an authorization for a 8
criminal history background check to include the records of 9
the Federal Bureau of Investigation to the training center 10
or training program where such person is seeking entrance. 11
The training center or training program shall cause a 12
criminal history background check to be made and shall cause 13
the resulting report to be forwarded to the agency where the 14
applicant is seeking to be designated as a Missouri ranger. 15
(2) After a person has submitted an application, but 16
prior to entry to the training program, each applicant shall 17
take a physical fitness test: 18
(a) For applicants aged twenty-one to thirty-five: 19
a. Run one and one-half miles in less than twelve 20
minutes and thirty seconds; 21
b. Complete a minimum of four pull-ups; 22
c. Complete a minimum of forty pushups in less than 23
one minute; and 24
d. Complete fifty crunches in less than one minute; 25
(b) The POST commission shall promulgate lower age- 26
appropriate standards for applicants aged thirty-six to 27
forty-five and for applicants over the age of forty-six; 28
(3) No former or retired military personnel shall be 29
admitted to a Missouri ranger training center or training 30
program unless such person has received an honorable 31
discharge. 32
3. The arrest powers granted to any person who 33
successfully completes the Missouri rangers training program 34
shall be limited to: 35
(1) Missouri rangers who are actively employed by the 36
school or school district; 37
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(2) Any property or premises owned, leased, rented, or 38
possessed by the school or school district, including any 39
school bus owned, operated, or contracted for in the service 40
on behalf of the district while involved in school 41
activities; and 42
(3) Offenses established under chapter 571 and any 43
offense under section 569.140 or 569.155 involving school 44
property. 45
The provisions of this subsection shall not apply to any 46
person who is an active law enforcement officer. 47
4. (1) The POST commission shall develop a training 48
program of not more than one hundred sixty hours that shall 49
include close quarter combat; building security and 50
hardening; bomb and arson; de-escalation; implicit and 51
racial bias; active shooter training; preventative 52
behavioral threat assessments; state and federal 53
constitutional and statutory law relating to search and 54
seizure, as relating to the arrests Missouri rangers are 55
permitted to make; firearms training; defensive tactics; an 56
abbreviated "stop the bleed" first aid training; and any 57
other related training deemed necessary by POST. 58
(2) The POST commission shall promulgate an 59
abbreviated training program for applicants that are active 60
or retired law enforcement officers, or active or retired 61
military personnel, including active or retired members of 62
the National Guard. As used in this section, "retired" 63
shall mean any law enforcement officer with ten or more 64
years of experience. 65
5. The POST commission shall promulgate rules for 66
continuing education training for all Missouri rangers. Any 67
rule or portion of a rule, as that term is defined in 68
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section 536.010, that is created under the authority 69
delegated in this section shall become effective only if it 70
complies with and is subject to all of the provisions of 71
chapter 536 and, if applicable, section 536.028. This 72
section and chapter 536 are nonseverable and if any of the 73
powers vested with the general assembly pursuant to chapter 74
536 to review, to delay the effective date, or to disapprove 75
and annul a rule are subsequently held unconstitutional, 76
then the grant of rulemaking authority and any rule proposed 77
or adopted after August 28, 2026, shall be invalid and void. 78
6. The POST commission may develop a part-time 79
training program, provided such program satisfies all of the 80
requirements of this section. 81
7. A certificate of Missouri ranger training program 82
completion may be issued to any applicant by any approved 83
Missouri ranger training instructor. On the certificate of 84
program completion, the approved Missouri ranger training 85
instructor shall affirm that the individual receiving 86
instruction has taken and passed a Missouri ranger training 87
program that meets the requirements of this section. The 88
instructor shall also provide a copy of such certificate to 89
the director of the department of public safety. 90
8. Upon successful completion of the training program, 91
each person shall receive a certificate and a Missouri 92
ranger badge. 93
9. The front and back of the outermost garment of the 94
ranger uniform shall have capitalized block letters spelling 95
"RANGER". 96
10. (1) Notwithstanding the provisions of subsections 97
6 and 7 of section 160.665, subdivision (10) of subsection 1 98
of section 571.030, subdivision (10) of subsection 1 of 99
section 571.107, or any other provision of law to the 100
CCS SS SB 1421 115
contrary, a Missouri ranger may, if authorized by the hiring 101
school or school district, carry a firearm or firearms, 102
whether loaded or unloaded, or any other weapon readily 103
capable of lethal use into the school, onto any school bus 104
owned, operated, or contracted for by the school or school 105
district, or onto any property or premises owned, leased, 106
rented, or possessed by the school or school district; 107
(2) It shall be the decision of the hiring school or 108
school district whether a ranger shall carry a firearm or 109
firearms or any other weapon readily capable of lethal use 110
as provided in subdivision (1) of this subsection while on 111
duty, which type of firearm or firearms or any other weapon 112
the ranger shall carry, and whether the firearm, firearms, 113
or weapons shall be concealed; 114
(3) Each ranger shall use a level three retention 115
holster if open carrying a pistol while on duty. 116
11. For the purpose of liability and workers' 117
compensation only, Missouri rangers shall be considered 118
employees of the school or school district that hires them. 119
All other benefits for which an employee of the school or 120
school district may be eligible, such as health and 121
retirement benefits, may be offered to the ranger at the 122
discretion of the school or school district. Rangers 123
employed by a school or school district may be compensated 124
as full- or part-time employees, or on a volunteer basis 125
without compensation. Qualified immunity and the public 126
duty rule shall apply to the provisions of this section as 127
interpreted by the federal and state courts. 128
610.141. 1. For the purposes of this section, the 1
following terms shall mean: 2
CCS SS SB 1421 116
(1) "Case record", all records in a case file in the 3
statewide court automation system relating to an eligible 4
offense; 5
(2) "Criminal history record information", data 6
relating to the arrest, prosecution, court action, 7
detention, and other related information collected, stored, 8
and disseminated by the central repository for each criminal 9
offense in this state; 10
(3) "Eligible offense", for an offense to be eligible, 11
it must: 12
(a) Be a qualifying offense, as defined in this 13
section; 14
(b) Be a final conviction; 15
(c) Be the only charge of conviction in a case or part 16
of a case that contains only convictions for qualifying 17
offenses; 18
(d) Have been one year since final disposition of the 19
eligible offense for a misdemeanor and three years for a 20
felony; 21
(e) Be an offender with no conviction for a 22
misdemeanor or felony within one calendar year of the final 23
disposition of the expungable offense if the offense is a 24
misdemeanor and three years if the expungable offense is a 25
felony, not including violations of the traffic regulations 26
provided under chapters 301, 302, 303, 304, and 307; 27
(f) Be an offender with no outstanding arrest or 28
pending charges for a misdemeanor or felony at the time of 29
analysis for expungement, not including violations of the 30
traffic regulations provided under chapters 301, 302, 303, 31
304, and 307; and 32
(g) Not be for a class A felony; 33
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(4) "Expungement", closure of the record pursuant to 34
section 610.120; 35
(5) "Final disposition", completion of all court 36
imposed terms and conditions and unconditional release from 37
custody; 38
(6) "Qualifying offense", a conviction for: 39
(a) Possession of a controlled substance under section 40
195.202, as it existed prior to January 1, 2017; 41
(b) Unlawful use of drug paraphernalia under section 42
195.233, as it existed prior to January 1, 2017; 43
(c) Possession or control of a controlled substance 44
under section 579.015; or 45
(d) Unlawful possession of drug paraphernalia under 46
section 579.074; 47
(7) "Restoration of rights", a full restoration of the 48
civil rights of such person to the status occupied prior to 49
the conviction as if such events had never taken place. 50
This includes the right to vote, the right to hold public 51
office, and to serve as a juror. No person with a state- 52
initiated expungement shall be held thereafter under any 53
provision of law to be guilty of perjury or otherwise giving 54
a false statement by reason of his or her failure to recite 55
or acknowledge such convictions or expungement in response 56
to an inquiry and no such inquiry shall be made for 57
information relating to an expungement, except the 58
petitioner shall disclose the expunged offense to any entity 59
with authorization to access closed records under section 60
610.120. The expunged offense may be considered a prior 61
offense in determining a sentence to be imposed for any 62
subsequent offense that the person is found guilty of 63
committing. "Restoration of rights" shall not include 64
CCS SS SB 1421 118
rights related to the uses for the conviction detailed in 65
section 610.120. 66
2. All eligible offenses shall automatically be 67
expunged as a matter of law upon eligibility. The 68
provisions of this section shall apply retroactively to any 69
arrest, charge, trial, or conviction for which there is an 70
electronic record regardless of the date that the arrest was 71
made, the charge or charges were brought, the trial 72
occurred, or the conviction was entered. The result of the 73
expungement shall be a closure of the record and restoration 74
of rights, as defined in this section. 75
3. The central repository shall, on a rolling basis, 76
but not less than once per week, automatically screen 77
criminal history record information contained in the 78
statewide criminal history database for eligible offenses. 79
All eligible offenses shall be automatically expunged by the 80
central repository pursuant to this section. The central 81
repository shall base automated expungement record 82
designations only on the data available in its system. Once 83
expunged, an offense record status shall reflect the 84
expungement in the criminal history system by way of the 85
Missouri uniform law enforcement system. If additional 86
information is learned by the central repository relating to 87
eligibility, the analysis may be rerun as necessary and the 88
record status updated. The central repository shall, on at 89
least a weekly basis, send the supreme court of Missouri a 90
list of all expunged offense changes since the previous 91
report. 92
4. Upon completion of each expungement eligibility 93
analysis or upon any update of record status under 94
subsection 3 of this section, the central repository shall 95
notify the office of state courts administrator of its 96
CCS SS SB 1421 119
designations of automated expungement eligible offenses, in 97
a manner to be determined by the office of state courts 98
administrator and the state highway patrol. Case records 99
for eligible offenses contained within the statewide court 100
automation system shall be confidential and available to the 101
parties or as otherwise provided by supreme court rules. 102
The office of state courts administrator shall expunge case 103
records for eligible offenses based only on the information 104
available in the statewide court automation system and the 105
designations of eligible offenses provided by the central 106
repository. 107
5. For purposes of compliance with this section, any 108
agency releasing investigative reports under chapter 610 109
shall treat said information as a closed record where it 110
relates only to an expunged offense under this section. It 111
shall be an affirmative defense that an agency conducted a 112
Missouri uniform law enforcement system query of the 113
relevant criminal history record and adhered to the record 114
status designation therein. 115
6. An offender shall be limited to three misdemeanor 116
and two felony expungements under this section and section 117
610.140 combined. Where a criminal case contains more than 118
one expungable offense, the offense with the highest level 119
penalty available shall be the only offense that counts for 120
the purposes of this subsection. 121
7. Nothing in this section shall prohibit the filing 122
of an expungement petition under any other provision of law 123
for which such a filing is permissible. 124
8. Notwithstanding any other provision of law, the 125
sole remedy for relief for failure to expunge under this 126
section shall be the filing of an expungement petition under 127
section 610.140. 128
CCS SS SB 1421 120
9. Beginning January 1, 2028, and each year 129
thereafter, the Missouri state highway patrol shall submit a 130
report to the joint committee on the justice system, the 131
house judiciary committee or any successor committee, and 132
the senate judiciary and civil and criminal jurisprudence 133
committee or any successor committee providing statistical 134
information for the prior year, arranged by judicial circuit 135
and county, of the number of expungements issued under 136
section 610.141 in the criminal history system. The data 137
shall be aggregated by race, sex, age, circuit, county, and 138
offense type and level if such data is available. 139
10. The provisions of this section shall be effective 140
when technically feasible for both the office of state 141
courts administrator and the central repository, but no 142
later than January 1, 2027. 143
11. Notwithstanding section 610.120, upon request, the 144
Missouri state highway patrol shall provide a consumer 145
reporting agency with information sufficient to accurately 146
identify and delete records associated with all offenses 147
being expunged under this section. Consumer reporting 148
agencies shall sign an agreement which certifies they will 149
only use the data provided for the purpose of compliance 150
with this chapter and that when no longer needed, all such 151
data will be destroyed. 152
12. The office of state courts administrator, the 153
department of corrections, and the Missouri state highway 154
patrol shall jointly develop a document outlining the 155
state's expungement provisions under this section which 156
shall be provided by: 157
(1) Any court sentencing an individual for a 158
qualifying offense under this section at the time of 159
sentencing; or 160
CCS SS SB 1421 121
(2) Any probation or parole officer releasing an 161
individual from supervision for a qualifying offense under 162
this section. 163
610.143. 1. Records of arrests, indictments pending 1
trial, and convictions of crimes shall no longer be reported 2
if at any time after a conviction it is learned that a full 3
pardon or expungement has been granted for that conviction, 4
or at any time after an arrest or indictment it is learned 5
that a conviction did not result. 6
2. In addition to such other remedies as are provided 7
in this section, if the attorney general has reason to 8
believe that any person has violated or is violating this 9
section, the attorney general: 10
(1) May bring an action to enjoin such violation in 11
any appropriate United States district court or in any other 12
court of competent jurisdiction; 13
(2) May bring an action on behalf of the residents of 14
the state to recover: 15
(a) Damages for which the person is liable to such 16
residents under Sections 616 and 617 of 15 U.S.C. Section 17
1681s as a result of the violation; 18
(b) In the case of a violation described in any of 19
Paragraphs (1) through (3) of Section 623(c) of 15 U.S.C. 20
Section 1681s, damages for which the person would, but for 21
Section 623(c), be liable to such residents as a result of 22
the violation; or 23
(c) Damages of not more than one thousand dollars for 24
each willful or negligent violation; and 25
(3) In the case of any successful action under 26
subdivision (1) or (2) of this subsection, shall be awarded 27
CCS SS SB 1421 122
the costs of the action and reasonable attorney fees as 28
determined by the court. 29
3. Injunctive relief shall be available to any 30
consumer aggrieved by a violation or a threatened violation 31
of this section regardless of whether the consumer seeks any 32
other remedy under this section. 33
4. An employer, volunteer organization, or landlord 34
who employs, qualifies, or otherwise engages an individual 35
whose criminal history record has been expunged shall be 36
immune from liability for any claim arising out of the 37
misconduct of the individual if the misconduct relates to 38
the portion of the criminal history record that has been 39
expunged, unless such employer, volunteer organization, or 40
landlord failed to exercise reasonable care in determining 41
that the employee does not pose a danger or risk to others. 42
5. A person granted an expungement shall disclose any 43
expunged offense if the disclosure of such information is 44
necessary to complete any application for employment with 45
any: 46
(1) Federally insured bank or savings institution or 47
credit union or an affiliate of such institution or credit 48
union for the purpose of compliance with 12 U.S.C. Section 49
1829 and 12 U.S.C. Section 1785; 50
(2) Entity engaged in the business of insurance or any 51
insurer for the purpose of complying with 18 U.S.C. Section 52
1033, 18 U.S.C. Section 1034, or other similar law that 53
requires an employer engaged in the business of insurance to 54
exclude applicants with certain criminal convictions from 55
employment; or 56
CCS SS SB 1421 123
(3) Entity authorized to receive and utilize closed 57
criminal history records under section 610.120, including 58
but not limited to law enforcement. 59
610.144. 1. (1) There is hereby created in the state 1
treasury the "Missouri Expungement Fund", which shall 2
consist of moneys appropriated to it by the general assembly 3
and gifts, donations, grants, and bequests. The state 4
treasurer shall be custodian of the fund. In accordance 5
with sections 30.170 and 30.180, the state treasurer may 6
approve disbursements. The fund shall be a dedicated fund 7
and, upon appropriation, moneys in this fund shall be used 8
solely as provided in subsection 2 of this section. 9
(2) The state treasurer shall invest moneys in the 10
fund in the same manner as other funds are invested. Any 11
interest and moneys earned on such investments shall be 12
credited to the fund. 13
2. The office of state courts administrator and the 14
department of public safety shall expend moneys from the 15
fund, upon appropriation, on the statewide court automation 16
case management system and the Missouri criminal history 17
record information system established under sections 43.500 18
to 43.530 for one or more of the following purposes: 19
(1) Expenses that may be incurred to develop, 20
establish, maintain, or operate any information technology 21
equipment, software, systems, or services associated with 22
the expungement or closing of records under Missouri law, 23
including the development and implementation of any 24
technology-assisted, state-initiated bulk expungement or 25
sealing of records under Missouri law; or 26
(2) The cost of necessary personnel or contractors. 27
CCS SS SB 1421 124
650.240. The director shall employ deputy inspectors 1
who shall be responsible to the chief inspector [and who 2
shall have had at the time of appointment not less than five 3
years' experience in the construction, installation, 4
inspection, operation, maintenance, or repair of high 5
pressure boilers and pressure vessels as a mechanical 6
engineer, steam operating engineer, boilermaker, or boiler 7
inspector, and who shall have passed the examination 8
provided for in section 650.250]. 9
Section B. Because immediate action is necessary to 1
address the urgent need of Missouri law enforcement agencies 2
to be able to ensure and provide for the safety and security 3
of Missouri residents from the threat that weaponized 4
unmanned aircraft systems present to Missouri, the enactment 5
of sections 589.900 and 589.902 and the repeal and 6
reenactment of section 577.800 of this act are deemed 7
necessary for the immediate preservation of the public 8
health, welfare, peace, and safety, and is hereby declared 9
to be an emergency act within the meaning of the 10
constitution, and the enactment of sections 589.900 and 11
589.902 and the repeal and reenactment of section 577.800 of 12
this act shall be in full force and effect upon its passage 13
and approval. 14
Section C. In the event that any section, provision, 1
clause, phrase, or word of this act or the application 2
thereof is declared invalid under the Constitution of the 3
United States or the Constitution of the State of Missouri, 4
whether on procedural or substantive grounds, it is the 5
intent of the general assembly that the remaining sections 6
of this act remain in force and effect as far as they are 7
capable of being carried into execution as intended by the 8
CCS SS SB 1421 125
general assembly. The general assembly hereby declares that 9
it would have passed each section, provision, clause, 10
phrase, or word thereof, irrespective of the fact that any 11
one or more sections, provisions, clauses, phrases, or words 12
of this act or the application of this act would be declared 13
unenforceable, unconstitutional, or invalid. 14