Bill Text: MO HB300 | 2013 | Regular Session | Introduced
Bill Title: Specifies that the criteria for domestic assault in the third degree includes three responses by law enforcement for alleged abuse or violation of an order of protection by the same person
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-01-31 - Referred: Special Standing Committee on Urban Issues(H) [HB300 Detail]
Download: Missouri-2013-HB300-Introduced.html
FIRST REGULAR SESSION
97TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES HUBBARD (Sponsor), SOLON, HIGDON, WILSON, PHILLIPS, PACE, WALTON GRAY, COLONA, SMITH (85) AND OTTO (Co-sponsors).
0444L.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 455.080 and 565.074, RSMo, and to enact in lieu thereof two new sections relating to domestic violence, with a penalty provision.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 455.080 and 565.074, RSMo, are repealed and two new sections enacted in lieu thereof, to be known as sections 455.080 and 565.074, to read as follows:
455.080. 1. Law enforcement agencies may establish procedures to ensure that dispatchers and officers at the scene of an alleged incident of abuse or violation of an order of protection can be informed of any recorded prior incident of abuse involving the abused party and can verify the effective dates and terms of any recorded order of protection.
2. The law enforcement agency shall apply the same standard for response to an alleged incident of abuse or a violation of any order of protection as applied to any like offense involving strangers, except as otherwise provided by law. Law enforcement agencies shall not assign lower priority to calls involving alleged incidents of abuse or violation of protection orders than is assigned in responding to offenses involving strangers. Existence of any of the following factors shall be interpreted as indicating a need for immediate response:
(1) The caller indicates that violence is imminent or in progress; or
(2) A protection order is in effect; or
(3) The caller indicates that incidents of domestic violence have occurred previously between the parties.
3. Law enforcement agencies may establish domestic crisis teams or, if the agency has fewer than five officers whose responsibility it is to respond to calls of this nature, individual officers trained in methods of dealing with family and household quarrels. Such teams or individuals may be supplemented by social workers, ministers or other persons trained in counseling or crisis intervention. When an alleged incident of family or household abuse is reported, the agency may dispatch a crisis team or specially trained officer, if available, to the scene of the incident.
4. The officer at the scene of an alleged incident of abuse shall inform the abused party of available judicial remedies for relief from adult abuse and of available shelters for victims of domestic violence.
5. Law enforcement officials at the scene shall provide or arrange transportation for the abused party to a medical facility for treatment of injuries or to a place of shelter or safety.
6. (1) Any person for whom a third response to an alleged incident of abuse or violation of an order of protection is made by law enforcement shall automatically be placed under arrest and the case shall be referred to the appropriate prosecuting attorney for prosecution under subdivision (7) of subsection 1 of section 565.074.
(2) Nothing in this section shall be deemed as restricting the ability of a prosecuting attorney to charge such person with any and all applicable violations of law based on the same or similar conduct.
565.074. 1. A person commits the crime of domestic assault in the third degree if the act involves a family or household member, including any child who is a member of the family or household, as defined in section 455.010 and:
(1) The person attempts to cause or recklessly causes physical injury to such family or household member; or
(2) With criminal negligence the person causes physical injury to such family or household member by means of a deadly weapon or dangerous instrument; or
(3) The person purposely places such family or household member in apprehension of immediate physical injury by any means; or
(4) The person recklessly engages in conduct which creates a grave risk of death or serious physical injury to such family or household member; or
(5) The person knowingly causes physical contact with such family or household member knowing the other person will regard the contact as offensive; or
(6) The person knowingly attempts to cause or causes the isolation of such family or household member by unreasonably and substantially restricting or limiting such family or household member's access to other persons, telecommunication devices or transportation for the purpose of isolation; or
(7) In accordance with subsection 6 of section 455.080, the person has been the subject of three responses by law enforcement to an alleged incident of abuse or violation of an order of protection by such person.
2. Except as provided in subsection 3 of this section, domestic assault in the third degree is a class A misdemeanor.
3. A person who has pleaded guilty to or been found guilty of the crime of domestic assault in the third degree more than two times against any family or household member as defined in section 455.010, or of any offense committed in violation of any county or municipal ordinance in any state, any state law, any federal law, or any military law which, if committed in this state, would be a violation of this section, is guilty of a class D felony for the third or any subsequent commission of the crime of domestic assault. The offenses described in this subsection may be against the same family or household member or against different family or household members.
4. Any person who has pleaded guilty or been found guilty under subdivision (7) of subsection 1 of this section shall be ordered by the court to participate in a court-approved counseling program designed to help batterers stop violent behavior or to participate in a substance abuse treatment program.
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