Bill Text: MO HB2420 | 2010 | Regular Session | Introduced
Bill Title: Changes the laws regarding child protection
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-04-21 - Public Hearing Completed (H) [HB2420 Detail]
Download: Missouri-2010-HB2420-Introduced.html
SECOND REGULAR SESSION
95TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES KANDER (Sponsor), KEENEY, LIPKE, HOLSMAN, ATKINS, DUSENBERG, KIRKTON, MOLENDORP AND SCHIEFFER (Co-sponsors).
4134L.02I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 210.1012, 455.040, and 544.457, RSMo, and to enact in lieu thereof five new sections relating to child protection, with a penalty provision.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 210.1012, 455.040, and 544.457, RSMo, are repealed and five new sections enacted in lieu thereof, to be known as sections 210.1010, 210.1012, 455.040, 455.087, and 544.457, to read as follows:
210.1010. This act shall be known as "Sam and Lindsey's Law".
210.1012. 1. There is hereby created a statewide program called the "Amber Alert System" referred to in this section as the "system" to aid in the identification and location of an abducted child.
2. For the purposes of this section, "abducted child" means a child whose whereabouts are unknown and who is:
(1) Less than eighteen years of age and reasonably believed to be the victim of the crime of kidnapping as defined by section 565.110, RSMo, as determined by local law enforcement;
(2) Reasonably believed to be the victim of the crime of child kidnapping as defined by section 565.115, RSMo, as determined by local law enforcement; or
(3) Less than eighteen years of age and at least fourteen years of age and who, if under the age of fourteen, would otherwise be reasonably believed to be a victim of child kidnapping as defined by section 565.115, RSMo, as determined by local law enforcement.
3. The department of public safety shall develop regions to provide the system. The department of public safety shall coordinate local law enforcement agencies and public commercial television and radio broadcasters to provide an effective system. In the event that a local law enforcement agency opts not to set up a system and an abduction occurs within the jurisdiction, it shall notify the department of public safety who will notify local media in the region.
4. The Amber alert system shall include all state agencies capable of providing urgent and timely information to the public together with broadcasters and other private entities that volunteer to participate in the dissemination of urgent public information. At a minimum, the Amber alert system shall include the department of public safety, highway patrol, department of transportation, department of health and senior services, and Missouri lottery.
5. The department of public safety shall have the authority to notify other regions upon verification that the criteria established by the oversight committee has been met.
6. Participation in an Amber alert system is entirely at the option of local law enforcement agencies and federally licensed radio and television broadcasters.
7. Whenever a request for an Amber alert is denied, the local law enforcement agency which denied the request shall immediately notify the state Amber alert coordinator or his or her designee.
8. Any person who knowingly makes a false report that triggers an alert pursuant to this section is guilty of a class A misdemeanor.
455.040. 1. Not later than fifteen days after the filing of a petition pursuant to sections 455.010 to 455.085 a hearing shall be held unless the court deems, for good cause shown, that a continuance should be granted. At the hearing, if the petitioner has proved the allegation of abuse or stalking by a preponderance of the evidence, the court shall issue a full order of protection for a period of time the court deems appropriate, except that the protective order shall be valid for at least one hundred eighty days and not more than one year. Upon motion by the petitioner, and after a hearing by the court, the full order of protection may be renewed for a period of time the court deems appropriate, except that the protective order shall be valid for at least one hundred eighty days and not more than one year from the expiration date of the originally issued full order of protection. If for good cause a hearing cannot be held on the motion to renew the full order of protection prior to the expiration date of the originally issued full order of protection, an ex parte order of protection may be issued until a hearing is held on the motion. Upon motion by the petitioner, and after a hearing by the court, the second full order of protection may be renewed for an additional period of time the court deems appropriate, except that the protective order shall be valid for at least one hundred eighty days and not more than one year. For purposes of this subsection, a finding by the court of a subsequent act of abuse is not required for a renewal order of protection.
2. The court shall cause a copy of the petition and notice of the date set for the hearing on such petition and any ex parte order of protection to be served upon the respondent as provided by law or by any sheriff or police officer at least three days prior to such hearing. Such notice shall be served at the earliest time, and service of such notice shall take priority over service in other actions, except those of a similar emergency nature. The court shall cause a copy of any full order of protection to be served upon or mailed by certified mail to the respondent at the respondent's last known address. Failure to serve or mail a copy of the full order of protection to the respondent shall not affect the validity or enforceability of a full order of protection.
3. A copy of any order of protection granted pursuant to sections 455.010 to 455.085 shall be issued to the petitioner and to the local law enforcement agency in the jurisdiction where the petitioner resides. The clerk shall also issue a copy of any order of protection to the local law enforcement agency responsible for maintaining the Missouri uniform law enforcement system or any other comparable law enforcement system the same day the order is granted. The law enforcement agency responsible for maintaining MULES shall [enter information contained in the order] , for purposes of verification, within twenty-four hours from the time the order is granted, enter information contained in the order including but not limited to any orders regarding child custody or visitation and all specifics as to times and dates of custody or visitation that are provided in the order. A notice of expiration or of termination of any order of protection or any change in child custody or visitation within that order shall be issued to the local law enforcement agency and to the law enforcement agency responsible for maintaining MULES or any other comparable law enforcement system. The law enforcement agency responsible for maintaining the applicable law enforcement system shall enter such information in the system. The information contained in an order of protection may be entered in the Missouri uniform law enforcement system or comparable law enforcement system using a direct automated data transfer from the court automated system to the law enforcement system.
455.087. 1. Anytime a law enforcement officer has stopped, detained or arrested a person such officer shall, prior to releasing such person, check or cause a check to be made of the MULES system to determine if such person has a valid order of protection entered against them which designates child custody or visitation. If the officer finds that the person does have a valid order of protection entered against them and that order contains child custody or visitation provisions the officer shall check the child custody or visitation provisions to determine if such person currently has custody or visitation rights as of the time and date of the stop, detention or arrest. If the officer determines that such person is supposed to currently have the children and the children are with such person the officer shall check the welfare of the children. If the officer determines that such person is supposed to currently have the children and the children are not with such person the officer shall proceed to check the welfare of such children in accordance with the policy developed by the law enforcement agency which employs the officer and shall not release such person until that policy has been satisfied. However, in no event shall any such person be detained on the basis of the provisions of this section for more than twenty hours from the time of the stop, detention or arrest.
2. Every law enforcement agency in this state shall develop a policy detailing how its officers should proceed to check the welfare of children under the provisions of subsection 1 of this section when such children are, according to the order of protection, supposed to currently be with such person but are not currently with the person who was stopped, detained or arrested.
544.457. 1. Notwithstanding the provisions of section 20 of article I of the Missouri Constitution to the contrary, upon a showing that the defendant poses a danger to a crime victim, the community, or any other person, the court may use such information in determining the appropriate amount of bail, to increase the amount of bail, to deny bail entirely or impose any special conditions which the defendant and surety shall guarantee.
2. Not withstanding the provisions of section 20 of article I of the Missouri Constitution to the contrary, in any case where the defendant has been arrested for violating the provisions of section 565.110 when the victim is a child less than eighteen years of age or for violating the provisions of section 565.115, 565.113, or 565.156, and upon a showing that the defendant poses a danger to himself, the child victim, the community or any other person, the court shall deny bail entirely until the child victim has been found.
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