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SECOND REGULAR SESSION
SENATE BILL NO. 1638
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR LEWIS.
6789S.02I KRISTINA MARTIN, Secretary
AN ACT
To amend chapters 1 and 578, RSMo, by adding thereto two new sections relating to the physical
presence of certain federal personnel, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapters 1 and 578, RSMo, are amended by adding 1
thereto two new sections, to be known as sections 1.3060 and 2
578.251, to read as follows:3
1.3060. 1. Notwithstanding any other provision of law 1
to the contrary, any person authorized by federal law to 2
inspect, apprehend, examine, detain, or remove aliens in 3
this country shall not conceal his or her identity as 4
federal personnel or wear a facial covering that conceals or 5
obscures his or her facial identity in the performance of 6
his or her duties, except as expressly authorized in this 7
section. 8
2. For purposes of this section, "facial covering" 9
means any opaque mask, garment, helmet, headgear, or other 10
item that conceals or obscures the facial identity of an 11
individual including, but not limited to, a balaclava, 12
tactical mask, gaiter, ski mask, and any similar type of 13
facial covering or face-shielding item. A facial covering 14
does not include any of the following: 15
(1) A translucent face shield or clear mask that does 16
not conceal the wearer's facial identity; 17
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(2) An N95 medical mask or surgical mask to protect 18
against transmission of disease or infection, or any other 19
mask, helmet, or device including, but not limited to, air- 20
purifying respirators, full or half masks, or self-contained 21
breathing apparatus necessary to protect against exposure to 22
any toxin, gas, smoke, inclement weather, or any other 23
hazardous or harmful environmental condition; 24
(3) A mask, helmet, or device including, but not 25
limited to, a self-contained breathing apparatus, necessary 26
for underwater use; 27
(4) A motorcycle helmet when worn by an agent 28
utilizing a motorcycle or other vehicle that requires a 29
helmet for safe operation while in the performance of their 30
duties; or 31
(5) Eyewear necessary to protect from the use of 32
retinal weapons including, but not limited to, lasers. 33
3. This section shall not apply to: 34
(1) Agents performing their duties as undercover 35
operatives during an active undercover operation or as 36
needed to protect their identity following the conclusion of 37
an undercover operation; or 38
(2) Agents assigned to a Special Response Team (SRT) 39
while actively performing their SRT responsibilities. 40
4. A willful and knowing violation of this section is 41
punishable as a class A misdemeanor. 42
578.251. 1. Any person authorized by federal law to 1
inspect, apprehend, examine, detain, or remove aliens in 2
this country shall not, while in the execution of their 3
duties, be within one thousand feet of the following 4
locations: 5
(1) Any polling place on election day; 6
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(2) The facility of any adult or juvenile detention or 7
correctional institution, prison, or jail; 8
(3) Any courthouse solely occupied by the circuit, 9
appellate or supreme court, or any courtrooms, 10
administrative offices, libraries or other rooms of any such 11
court whether or not such court solely occupies the building 12
in question. This subdivision shall also include, but not 13
be limited to, any juvenile, family, drug, or other court 14
offices, any room or office wherein any of the courts or 15
offices listed in this subdivision are temporarily 16
conducting any business within the jurisdiction of such 17
courts or offices; 18
(4) Any meeting of the governing body of a unit of 19
local government, or any meeting of the general assembly or 20
a committee of the general assembly; 21
(5) Any establishment licensed to dispense 22
intoxicating liquor for consumption on the premises; 23
(6) Any area of an airport; 24
(7) Any higher education institution or elementary or 25
secondary school facility; 26
(8) Any portion of a building used as a child care 27
facility; 28
(9) Any riverboat gambling operation accessible by the 29
public; 30
(10) Any gated area of an amusement park; 31
(11) Any church or other place of religious worship 32
without the consent of the minister or person or persons 33
representing the religious organization that exercises 34
control over the place of religious worship; 35
(12) Any private property whose owner has posted the 36
premises as being off-limits to Immigration and Customs 37
Enforcement Agency or its agents by means of one or more 38
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signs displayed in a conspicuous place of a minimum size of 39
eleven inches by fourteen inches with the writing thereon in 40
letters of not less than one inch; 41
(13) Any sports arena or stadium; 42
(14) Any hospital accessible by the public; 43
(15) Any library accessible by the public; 44
2. Any violation of subsection 1 of this section shall 45
be punishable by fine payable to the county in which the 46
offense took place as follows: 47
(1) The federal department or agency responsible for 48
the action and all offending persons shall each be fined one 49
thousand dollars for the first offense; 50
(2) For any subsequent offense, the federal department 51
or agency responsible for the action and all offending 52
persons shall each be fined two thousand five hundred 53
dollars. 54
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