HCS/SB 189 - This act modifies provisions relating to public safety.

CLEARANCE RATES (Section 43.505 & 650.040)

This act creates provisions related to law enforcement "clearance rates", defined in the act as the rate at which law enforcement agencies conduct an "offense cleared by an arrest" or an "offense cleared by exceptional means", also defined in the act.

This act requires law enforcement agencies in the State to collect data documenting clearance rates and report the data on a monthly basis to the Department of Public Safety beginning on January 1, 2026. The Department shall publish the information quarterly on its website by the 15th of the month following the close of the preceding quarter. Beginning January 1, 2027, the Department shall report the information to the Governor, the Missouri Peace Officers Standards and Training (POST) Commission, the chair of the Senate Committee on the Judiciary and Civil and Criminal Jurisprudence and the chair of the House of Representatives on the Crime and Prevention and Public Safety Committee, and the chair of the House of Representatives on the Judiciary Committee by July 1, 2027, and every July after. The report shall also be available on the Department's website.

The act creates the "Missouri Violent Crime Clearance Grant Program", within the Department of Public Safety, for the purpose of improving law enforcement strategies and initiatives aimed at increasing violent crime clearance rates. The act describes eligible uses for grant funding, as well as to which law enforcement agencies the Department shall give priority in awarding grants. Agencies awarded grant funding shall report to the Department annually on the activities carried out to reduce violent crime and improve clearance rates during the preceding fiscal year, as specified in the act.

PROTECTION OF CHILDREN AND VULNERABLE PERSONS (Sections 43.656, 67.2540, 168.071, 210.1080, 210.1505, 324.012, 329.050, 339.100, 455.010, 455.035, 455.513, 491.075, 491.641, 492.304, 537.046, 537.047, 537.054, 542.301, 556.039, 566.010, 566.147, 566.148, 566.149, 566.150, 566.151, 566.155, 566.201, 566.210, 566.211, 566.218, 567.030, 573.010, 573.023, 573.025, 573.035, 573.037, 573.038, 573.050, 573.052, 573.215, 589.042, 589.400, 589.414, 610.021, 610.131, 650.120, and 660.520)

This act replaces the term "child pornography" with the term "child sexual abuse material" throughout statute, but child pornography as it will have existed prior to the effective date of this legislation will still be subject to the provisions of the modified statutes.

The act also establishes the "Statewide Council Against Adult Trafficking and the Commercial Sexual Exploitation of Children" to replace the "Statewide Council on Sex Trafficking and Sexual Exploitation of Children", which expired on December 31, 2023. The new council shall be created within 30 days of August 28, 2025, is required to meet at least quarterly, and is within the Office of the Attorney General. The members of the council are specified in the act and includes two members of the Senate and two members of the House of Representatives. The Council is also required to have an executive director, who shall be appointed by the Attorney General, and whose compensation shall be set by the Attorney General.

The act creates the "Commercial Sexual Exploitation of Children Education and Awareness Fund", of which the State Treasurer shall be the custodian and of which the Treasurer is required to approve disbursements as required by the Attorney General. Money in the Fund shall be used to pay for the position of the executive director and administrative support for the Statewide council, education and awareness regarding human trafficking, and anti-trafficking efforts throughout the State.

Currently, under certain circumstances, a statement made by a child under the age of 14 or a vulnerable person, or the visual and aural recording of a verbal or nonverbal statement of the child or vulnerable person, is admissible in evidence in criminal proceedings as substantive evidence to prove the truth of the matter asserted. This act increases the age to a child under the age of 18 and modifies the definition of "vulnerable person" to mean a person whose developmental level does not exceed that of an ordinary child of 17 years of age, increased from 14 years of age.

Currently, any law enforcement agency may provide for the security of witnesses and others in criminal proceedings or investigations. This act allows any prosecuting or circuit attorney's office to provide such security as well. The Department of Public Safety may authorize funds to be disbursed to law enforcement agencies and prosecuting attorneys' offices for such offices to be able to provide security. The act also repeals specific requirements for application for reimbursement for these purposes, and specifies that application shall be made by submitting an application to be approved by the Department of Public Safety.

This act provides that a nondisclosure agreement by any party to any child sexual abuse claim is not judicially enforceable in a dispute involving any child sexual abuse claim, and shall be null and void; this section shall apply to any action commenced on or after August 28, 2025.

Currently, a person may file a cause of action to recover damages from injury or illness caused by sexual exploitation of a minor, the promotion of child sexual abuse material within the first or second degree, or the possession of child sexual abuse material, within 10 years of the plaintiff turning 21 years old or within three years of discovering the cause of the injury or illness. This act changes that time frame to within 20 years of the plaintiff turning 21 years old.

The act authorizes a person to file a cause of action to recover damages from injury or illness caused by child sex trafficking within 20 years of the plaintiff turning 21 years old or within three years of the date the plaintiff discovers, or reasonably should have discovered, that the injury or illness was caused by child sex trafficking.

The act creates a 20-year statute of limitation for prosecution of certain sex and labor trafficking offenses, as described in the act.

Currently, a person 21 years old or older commits the offense of enticement of a child if he or she satisfies the elements of the offense and the child is under 15 years old. This act increases the age of the child to under 17 years old.

This act allows a prosecuting or circuit attorney to request assistance from the Attorney General to assist in prosecution of child sex trafficking cases and request any resource or capability of the Attorney General when prosecuting such cases.

The act changes the age of a person upon whom a person commits the offense of sexual trafficking of a child in the first degree from under the age of 12, to under the age of 14. The term of imprisonment for this offense in the first degree remains life imprisonment, but the act changes the offender's eligibility for probation or parole to 30 years served from the current 25 years.

The act specifies that the term of imprisonment for the offense of sexual trafficking of a child in the second degree when it is committed by a parent, legal guardian, or other person having custody or control of a child is imprisonment for the duration of the person's natural life. Notwithstanding this qualification, the term of imprisonment for this offense in the second degree is changed from at least 10 years to at least 20 years.

Any real or personal property that was used, attempted to be used, or intended to be used to commit a certain unlawful sexual offense may be seized and remaining proceeds from the sale of the seized property owned by the defendant shall be first allocated to pay an order of restitution to a victim of human trafficking, and any remaining funds shall be deposited into the Anti-Trafficking Fund.

Currently, the offense of patronizing prostitution is a class B misdemeanor if the individual being patronized is at least 18 years of age, a class E felony if the individual being patronized is less than 18 years of age but older than 14 years of age, or a class D felony if the individual being patronized is 14 years of age or younger. This act modifies the offense to make it a class E felony if the individual being patronized is under 18 years of age but older than 15 years of age, or a class B felony if the individual the person patronizes is 15 years of age or younger.

The term "child sexual abuse material" now includes any anatomically correct doll, mannequin, robot, or any other item meant to resemble a minor under 18 years of age and intended to be used for the purpose of arousing or gratifying the sexual desire of any person or for the purpose of terrorizing or causing emotional distress to any person.

The act modifies the definitions of Tier I, II, and III sexual offenders to include offenders who have been adjudicated for the offense of sexual conduct in the course of public duty by means of coercion, even if the victim was not a detainee, a prisoner, or an offender, as such terms are defined by law.

This act authorizes a public governmental body to close records that contain individually identifiable information of a minor 17 years and younger, held by a city, town, village, or park board, except when the records are requested by the Division of Labor Standards within the Department of Labor and Industrial Relations for the purpose of enforcing Chapter 294 RSMo, regarding child labor.

Currently, a person who was convicted of the offense of prostitution and was under the age of 18 at the time of the offense may apply to the appropriate court to have his or her record expunged. This act repeals the requirement that the person be under the age of 18 at the time of the offense.

CRIMINAL BACKGROUND CHECKS (Sections 43.546, 168.014, 190.106, 208.222, 209.324, 210.482, 210.487, 301.551, 324.055, 324.129, 324.246, 324.488, 324.1105, 326.257, 330.025, 331.025, 332.015, 334.015, 334.403, 334.501, 334.701, 334.739, 334.805, 335.022, 335.042, 336.025, 337.018, 337.308, 337.501, 337.605, 337.702, 338.052, 339.015, 339.510, 345.016, 374.711, 436.225, 443.702, 476.802, 484.125, 590.060, and 640.011)

This act provides that certain agencies, boards, or commissions may require fingerprint submissions for application for certain licenses. If fingerprints are required for licensure, the agency, board, or commission shall require applicants to submit fingerprints to the State Highway Patrol for the purpose of conducting a State and Federal fingerprint-based criminal history background check. The fingerprints and any required fees shall be sent to the State Highway Patrol's central repository and shall be forwarded to the Federal Bureau of Investigation to conduct a Federal background check. The State Highway Patrol shall notify the agency, board, or commission of any criminal history record discovered on the applicant for licensure.

These provisions are the same as HB 992 (2025) and SB 636 (2025), and similar to SCS SB 875 (2024), SCS HCS HB 1659 (2024), and HCS HB 1800 (2024).

LAW ENFORCEMENT ASSISTANCE FROM FOREIGN JURISDICTIONS (Section 44.087)

This act provides that the chief law enforcement executive for any law enforcement agency may request assistance from a law enforcement agency of another United States jurisdiction outside this State. An offender arrested by a foreign law enforcement agency shall be delivered to the first available law enforcement officer in the jurisdiction of the arrest. The law enforcement officers shall remain employees of their respective agencies for the purposes of immunity, workers' compensation, and other employment-related matters. However, certain governmental immunities shall apply as interpreted by the Federal and State courts of the responding agency.

SHERIFF OF ST. LOUIS CITY (Sections 57.010 and 57.530)

This act requires any candidate for the office of sheriff of St. Louis City to hold a valid peace officer license within two years of being elected as sheriff.

The act also sets the minimum compensation for the deputy sheriffs of the City of St. Louis to $50,000 and provides that the sheriff shall set the compensation for deputy assistants.

SCHOOL ANTI-BULLYING POLICIES (Section 160.775)

The act requires any school bullying policy to include that a statement regarding any student who engages in self-defense shall be considered by the school district or charter school administration when determining any disciplinary action for a student who was responding to an act of school violence or violent behavior committed against the student. The act requires charter schools to adopt, and school districts to update current school bullying policies.

Currently, employee's who witness an incident of bullying shall report the incident within two days. This act shortens the reporting timeline to one day, and requires that all reported incidents be submitted in writing. Results of investigations shall include a description of any interventions, initiatives, techniques, or discipline provided to all individuals involved on a standardized form developed by the district.

The policy is required to outline a procedure for responding to an investigation that finds an act of bullying has occurred. The procedure shall include notifying the parents of the bullying student and a referral to law enforcement or to the Children's Division, for a student that is under 11 years of age, if the investigation finds that the bullying was second degree harassment. Additionally, students committing acts of bullying are included in educational trainings and prevention initiatives.

The act requires the policy to outline annual mandatory training for any district employee and volunteer that has contact with students; training on appropriate interventions and associated liability for action or inaction shall be included in the training.

This act requires the school administration to report monthly to the school board all acts of bullying, discipline for bullying, and all other disciplinary referrals. The school board shall review the monthly report in a closed meeting and address concerns related to reported incidents within 30 days.

The act provides immunity from liability for any school district employee and volunteer who intervenes in an incident of school violence, violent behavior, or criminal actions against any student that is a victim of bullying; the act specifies that the employee shall follow the proper procedure and act in good faith to intervene under the defense of justification provided under Chapter 563.

The act provides protection from civil liability for any school district or charter school for disciplinary actions if the procedures were properly followed, and provides that if a suit is brought the school may recoup attorney's fees if they prevail.

This act requires that for reporting requirements for mandated reporters under Section 210.115, bullying, incidents of school violence, and crime, are considered abuse and required to be reported, with protections provided for reporting compliance.

The act prevents charter schools from expelling or transferring a student out of the school solely due to reports of bullying made against that student.

COMMUNITY PARAMEDIC SERVICES (Section 190.098)

This act requires any ambulance service seeking to provide community paramedic services, as defined in the act, outside of its ambulance service area and in the service area of another ambulance service, to have a memorandum of understanding with the secondary ambulance service regarding the provision of such services.

The act permits the provision of community paramedic services without a memorandum of understanding in the service area of an ambulance service not providing such services, but notification shall be provided with the ambulance service possessing service responsibilities in the service area.

This act permits any emergency medical response agency to provide community paramedic services within its designated response service area if the ground ambulance service covering the area within which the emergency medical response agency is located does not provide community paramedic services.

If the ground ambulance service does provide community paramedic services, it may establish a memorandum of understanding with the emergency medical response agency planning to offer such services in order to coordinate programs and avoid duplication of services.

If community paramedic services are being provided in a service area by an emergency medical response agency in that service area before the ground ambulance service begins to offer community paramedic services, there shall be a memorandum of understanding established for the proper coordination of services.

A community paramedic program is required to notify the local ambulance service when providing services within the area of an ambulance service.

The Department of Health and Senior Services shall establish the regulations for recognizing community paramedic service entities that have met standards outlined in the act. Any community paramedic services entity that meets these standards shall be given an endorsement by the Department that allows the entity to provide community paramedic services for five years.

STATE ADVISORY COUNCIL ON EMERGENCY MEDICAL SERVICES (Section 190.101)

This act changes the number of council members from 16 to no fewer than 13, removes the requirement that one member shall be a resident of a city not within a county, and updates the criteria for member appointment, as detailed in the act.

This act changes the procedure for designating a chairperson by repealing provisions requiring appointment of the chairperson by the Governor and instead requiring the council to elect the chairperson and allowing for the election of other officers as deemed necessary.

The act repeals a provision stating that regional EMS advisory committees shall serve as a resource for identifying potential members of the council.

KRATOM CONSUMER PROTECTION ACT (Section 196.1170)

This act enacts the "Kratom Consumer Protection Act". The act prohibits the preparation, distribution, sale, and exposure for sale of kratom, including kratom intended for human consumption, without the factual basis on which the representation is made. The act further prohibits the preparation, distribution, sale, or exposure for sale of adulterated or contaminated kratom, kratom over a certain concentration, kratom containing fully any synthetic alkaloids, kratom not labeled with as described in the act, and certain other synthetic analogs, deriviatives, or mimetics. Dealers shall not market or sell kratom to individuals under the age of 21. Lastly the act specifies civil remedies and criminal penalties for violations of these provisions, as well as an exception for dealers who rely in good faith on the representations of a manufacturer, processor, packer, or distributor.

NEWBORN SAFETY INCUBATORS (Section 210.950)

Currently, newborn safety incubators are authorized to be installed in certain locations f