New Missouri laws set to take effect
The Missouri General Assembly recently enacted several new pieces of legislation and Governor Jay Nixon has signed the legislation into law. Some of the laws contained an emergency clause, which went into effect upon the signing while the others will go into effect August 28, 2014.
The Missouri State Highway Patrol wishes to make the public aware of several of these new laws or changes to increase public awareness and education.
Below is a summary of the most recent bills passed:
HB 1190 â?? TRANSPORTATION
The bill requires the Department of Transportation to issue emergency utility response permits that allow motor carriers to transport equipment and the infrastructure necessary for repair work immediately following a disaster where utility service has been disrupted. Under exigent circumstances, verbal approval of the operation may be made by the motor carrier compliance supervisor or other designated motor carrier services representative. The motor carriers may operate on state highways and roads at any time on any day to assist utility companies granted a permit. (Section 304.180 RSMo.)
HB 1231 â?? JUDICIAL PROCEDURES
DRIVER'S AND NON-DRIVER'S LICENSES (Sections 302.065 and 302.067 RSMo.)
The bill specifies that a person who has presented documents to obtain a driver's license, nondriver's license, or instruction permit must not be required to present the documents again to obtain a renewal or replacement except for documents that demonstrate lawful presence of an applicant who is not a citizen, if it is reasonably believed by the Department of Revenue that the prior license may have been issued as a result of a fraudulent act of the applicant, or the applicant is applying for or renewing a commercial driver's license or instruction permit.
DISARMING A POLICE OFFICER (Section 575.153)
The bill includes removing any less lethal weapon, to include blunt impact, chemical, or conducted energy devices, used in the performance of his or her official duties to the crime of disarming a peace officer.
HB 1372 â?? FUNERAL PROTESTS
This bill specifies that a person commits the offense of unlawful funeral protest, a class B misdemeanor, if he or she pickets or engages in other protest activities within 300 feet of a residence, cemetery, funeral home, church, synagogue, or other establishment during or within one hour before or one hour after the conducting of any funeral or burial service at that place. These provisions do not apply to a funeral procession while it is in transit beyond the 300-foot zone. The offense is a class A misdemeanor if the offense is committed by a person who has previously been found guilty of a violation of these provisions. The bill repeals Sections 578.501 through 578.503, RSMo., known as "Spc. Edward Lee Myers' Law," regarding unlawful picketing or other protest activities at a location at which a funeral is held. (This law also appears as part of HB 1231.)
HB 1665 â?? ADMINISTRATION OF JUSTICE
This bill changes the laws regarding the administration of justice.
CRIMINAL RECORD INFORMATION (Section 407.1150 RSMo.)
The bill specifies that it must be unlawful for any person engaged in publishing or disseminating criminal record information through a print or electronic medium to solicit or accept a fee or other consideration from the subject individual to remove or correct criminal record information. A person who knowingly and willfully violates these provisions will be guilty of a class A misdemeanor. Any individual who suffers a loss or harm as a result of a violation of these provisions may be awarded an amount equal to $10,000 or actual and punitive damages, whichever is greater, and reasonable attorney fees, court costs, and any other remedies provided by law. Humiliation or embarrassment must be adequate to show that the plaintiff has incurred damages; however, no physical manifestation of either humiliation or embarrassment is necessary for damages to be shown.
POWER TO ARREST (Section 544.216 RSMo.)
Currently, a law enforcement officer may arrest on view, and without a warrant, any person the officer sees violating or who the officer has reasonable grounds to believe has violated any law of this state or any ordinance over which the officer has jurisdiction. The bill clarifies that a law enforcement officer may only arrest a person without a warrant for a violation of any ordinance or law over which the officer has jurisdiction.
EXPUNGEMENT OF ARREST RECORDS (Sections 610.120 and 610.122 RSMo.)
The bill allows an individual's record of arrest to be expunged under Section 43.503 RSMo. if the court determines the individual was arrested for, or was subsequently charged with, a misdemeanor offense under Chapter 303 RSMo. or any moving violation under Section 302.010 RSMo., except for any intoxication related traffic offense and:
(1) Each offense or violation related to the arrest was subsequently nolle prossed or dismissed or the accused was found not guilty of each offense or violation; and
(2) The person does not have a commercial driver's license and was not operating a commercial motor vehicle at the time of the arrest.
A record of arrest must only be eligible for expungement if the subject of the arrest has no prior or subsequent misdemeanor or felony convictions and no civil action is pending relating to the arrest or the records sought to be expunged.
HB 2163 â?? COMMERCIAL ZONE IN COLUMBIA
This bill establishes a commercial zone in the city of Columbia. A vehicle operating within the zone cannot exceed 15 feet in height or have a greater weight than 22,400 pounds on one axle. The commercial zone extends north from the city limits along U.S. Highway 63 for eight miles and east from the city limits along State Route WW to the intersection of State Route J and continues south on State Route J for four miles. (Section 301.190 RSMo.)
HB 2238 â?? HEMP
This bill changes the laws regarding hemp. In part, the bill:
(1) Requires the Department of Health and Senior Services to issue a hemp extract registration card to a Missouri resident who suffers from intractable epilepsy and may benefit from treatment with hemp extract. The department may issue a hemp extract registration card to a parent of a minor who meets specified criteria;
(2) Specifies that an individual in possession of hemp extract is not in violation of possession of a controlled substance if the individual possesses the hemp extract only to treat intractable epilepsy; has a certificate of analysis that contains specific information about the extract; and has a current registration card;
(3) Allows an individual who has been issued a valid hemp extract registration card to possess up to 20 ounces of hemp extract and may obtain a medical waiver to exceed that limit.
This bill contains an emergency clause and went into effect immediately upon its signing on July 14, 2014.
SB 745 â?? CONCEALED CARRY PERMITS; LAW ENFORCMENT OFFICERS
POWER TO ARREST - Section 544.216 RSMo.
Under current law, a law enforcement officer may arrest on view and without a warrant any person the officer sees violating, or who the officer has reasonable grounds to believe has violated, any law of this state, or any ordinance over which the officer has jurisdiction.
SPECIAL PROSECUTOR EXEMPTION - Section 571.030 RSMo.
This act exempts special prosecutors in the unlawful use of weapons law.
CONCEALED CARRY PERMITS - Sections 571.101, 571.104, 571.111 & 650.350 RSMo.
The size of the concealed carry permit is changed under this act.
This act requires the Missouri Sheriff Methamphetamine Relief Task force, or MoSMART, to provide grants to sheriffs and any designee that is created to support sheriffs in the creation and maintenance of a statewide concealed carry permit system that is accessible to sheriffs and law enforcement agencies. Current law requires sheriffs to report certain information regarding concealed carry permit holders to the Missouri Uniform Law Enforcement System or MULES. This act requires such information to be reported to the new concealed carry permit system.
Under this act, the official to whom a concealed carry endorsement or permit was surrendered when suspended or revoked must change the status of the endorsement or permit in the concealed carry system.
This act repeals a provision requiring a sheriff to notify a person when such person's permit or endorsement is expired and canceled.
Procedures for when a permit holder changes his or her address are modified.
Current law requires automatic invalidation of a permit or endorsement after 30 days if a permit holder has changed his or her name or address and not notified the sheriff. Under this act, the permit or endorsement is automatically invalid after 180 days. This act requires a person to notify the sheriff of a name or address change within 30 days and allows the sheriff to impose a late penalty of $10 per month for each month the person fails to notify the sheriff.
SB 785 â?? BOATING SAFETY
Currently, nonresidents are permitted to obtain a seven day temporary boating safety identification card one time. This act expands the one time opportunity to include Missouri residents. (Section 306.127 RSMo.)