HOUSE BILL NO. 1946 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE MYERS.
5633H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 43.656, 56.265, 67.2540, 168.071, 190.142, 210.1080, 210.1505, 211.326, 324.012, 324.035, 329.050, 337.618, 339.100, 542.301, 566.010, 566.147, 566.148, 566.149, 566.150, 566.155, 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, 590.050, 610.131, 650.120, and 660.520, RSMo, and to enact in lieu thereof forty-two new sections relating to anti-trafficking efforts, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 43.656, 56.265, 67.2540, 168.071, 190.142, 210.1080, 210.1505, 2 211.326, 324.012, 324.035, 329.050, 337.618, 339.100, 542.301, 566.010, 566.147, 566.148, 3 566.149, 566.150, 566.155, 566.211, 566.218, 567.030, 573.010, 573.023, 573.025, 573.035, 4 573.037, 573.038, 573.050, 573.052, 573.215, 589.042, 589.400, 589.414, 590.050, 610.131, 5 650.120, and 660.520, RSMo, are repealed and forty-two new sections enacted in lieu thereof, 6 to be known as sections 27.170, 43.656, 56.265, 67.2540, 168.071, 190.142, 210.1080, 7 210.1505, 211.326, 324.012, 324.035, 329.050, 337.618, 339.100, 537.054, 542.301, 8 566.010, 566.147, 566.148, 566.149, 566.150, 566.155, 566.201, 566.211, 566.218, 9 567.030, 573.010, 573.023, 573.025, 573.035, 573.037, 573.038, 573.050, 573.052, 10 573.215, 589.042, 589.400, 589.414, 590.050, 610.131, 650.120, and 660.520, to read as 11 follows: 27.170. 1. There is hereby established the "Committee on Sex and Human 2 Trafficking Training". 3 2. The committee shall consist of the following members:
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1946 2
4 (1) A representative of the attorney general's office who is involved in the office's 5 anti-trafficking efforts appointed by the attorney general; 6 (2) A representative of the department of public safety with experience in human 7 trafficking investigations appointed by the director of the department of public safety; 8 (3) A representative from a child advocacy center appointed by the director of a 9 statewide nonprofit organization that advocates for the protection of children; 10 (4) A juvenile officer appointed by the chief justice of the supreme court of 11 Missouri; 12 (5) A representative from an agency providing victim services appointed by the 13 director of the department of social services; 14 (6) A representative from a child abuse medical resource center, as defined in 15 section 334.950, appointed by the director of the department of health and senior 16 services; and 17 (7) The executive director of the Missouri office of prosecution services or his or 18 her designee. 19 3. The member who represents the attorney general's office shall serve as chair 20 of the committee. 21 4. Members of the committee shall serve without compensation but may be 22 reimbursed for actual expenses necessary to the performance of their official duties for 23 the committee. 24 5. The committee shall annually evaluate, and establish guidelines for, the sex 25 and human trafficking training required under sections 56.265, 190.142, 211.326, 26 337.618, and 590.050. The committee shall produce, and distribute in a digital platform, 27 training that meets its guidelines. The committee may approve training produced by 28 other entities as consistent with its guidelines. 29 6. Any board, department, or agency that regulates any profession for which sex 30 and human trafficking training is required as described in subsection 5 of this section 31 may provide such training. Funding for the training shall be subject to appropriations. 32 7. The provisions of this section shall become effective on January 1, 2027, and 33 shall expire on December 31, 2031. 43.656. It is hereby found and declared that: 2 (1) With the widespread use of computers, the internet and electronic devices to 3 commit crimes and the critical lack of resources at state and local levels; 4 (2) Modern day criminals have learned to exploit the internet and electronic 5 communication to leverage computer technology to reach a virtually unlimited number of 6 victims while maintaining a maximum level of anonymity[,]. Computer crimes will continue HB 1946 3
7 to mount, especially in, but not limited to, the areas of child [pornography] sexual abuse 8 material and sexual offenses involving children, consumer fraud and harassment; 9 (3) It is necessary for the protection of the citizens of this state that provisions be 10 made for the establishment of the Missouri regional computer forensics lab to prevent and 11 reduce computer, internet and other electronically based crimes. 56.265. 1. The county prosecuting attorney in any county, other than in a chartered 2 county, shall receive an annual salary computed using the following schedule, when 3 applicable. The assessed valuation factor shall be the amount thereof as shown for the year 4 immediately preceding the year for which the computation is done. 5 (1) For a full-time prosecutor the prosecutor shall receive compensation equal to the 6 compensation of an associate circuit judge; 7 (2) For a part-time prosecutor: 8 Assessed Valuation Amount 9 $18,000,000 to 40,999,999 $37,000 10 41,000,000 to 53,999,999 38,000 11 54,000,000 to 65,999,999 39,000 12 66,000,000 to 85,999,999 41,000 13 86,000,000 to 99,999,999 43,000 14 100,000,000 to 130,999,999 45,000 15 131,000,000 to 159,999,999 47,000 16 160,000,000 to 189,999,999 49,000 17 190,000,000 to 249,999,999 51,000 18 250,000,000 to 299,999,999 53,000 19 300,000,000 or more 55,000 20 2. Two thousand dollars of the salary shall be payable to any prosecuting attorney 21 only if the prosecuting attorney has completed: 22 (1) At least twenty hours of classroom instruction each calendar year relating to the 23 operations of the prosecuting attorney's office when approved by a professional association of 24 the county prosecuting attorneys of Missouri unless exempted from the training by the 25 professional association. The professional association approving the program shall provide a 26 certificate of completion to each prosecuting attorney who completes the training program 27 and shall send a list of certified prosecuting attorneys to the treasurer of each county or city 28 not within a county. Expenses incurred for attending the training session may be reimbursed 29 to the prosecuting attorney in the same manner as other expenses as may be appropriated for 30 that purpose; and HB 1946 4
31 (2) One hour of sex and human trafficking training each calendar year 32 consistent with the guidelines established in section 27.170. The provisions of this 33 subdivision shall become effective on January 1, 2027, and shall expire on December 31, 34 2031. 35 3. Each calendar year, five thousand dollars of the salary shall be payable to any 36 prosecuting attorney only if the prosecuting attorney has collected the data described in 37 subsection 2 of section 56.750 in a manner approved by the prosecutors coordinators training 38 council and makes the data described in subsection 2 of section 56.750 readily accessible to 39 the Missouri office of prosecution services. The Missouri office of prosecution services shall 40 provide a certificate of compliance to each prosecuting attorney who complies with this 41 subsection and shall send a list of any certified prosecuting attorney to the respective treasurer 42 of each county or city not within a county. 43 4. For each calendar year, three thousand dollars of the salary shall be payable to any 44 prosecuting attorney only if the prosecuting attorney has provided discovery to criminal 45 defense attorneys who have entered an appearance on behalf of a defendant in a manner 46 approved by the prosecutors coordinators training council. The Missouri office of 47 prosecution services shall provide a certificate of compliance to each prosecuting attorney 48 who complies with this subsection and shall send a list of any certified prosecuting attorney to 49 the respective treasurer of each county or city not within a county. 50 5. As used in this section, the term "prosecuting attorney" includes the circuit attorney 51 of any city not within a county. 52 6. The prosecuting attorney of any county which becomes a county of the first 53 classification during a four-year term of office or a county which passed the proposition 54 authorized by subsection 1 of section 56.363 shall not be required to devote full time to such 55 office pursuant to section 56.067 until the beginning of the prosecuting attorney's next term of 56 office or until the proposition otherwise becomes effective. 57 7. The provisions of section 56.066 shall not apply to full-time prosecutors who are 58 compensated pursuant to subdivision (1) of subsection 1 of this section. 67.2540. As used in sections 67.2540 to 67.2556, the following terms mean: 2 (1) "Adult cabaret", a nightclub, bar, restaurant, or similar establishment in which 3 persons regularly appear in a state of nudity, as defined in section 573.500, or seminudity in 4 the performance of their duties; 5 (2) "Employee", a person who is at least twenty-one years of age and who performs 6 any service on the premises of a sexually oriented business on a full-time, part-time, or 7 contract basis, whether or not the person is denominated an employee, independent 8 contractor, agent, or otherwise, and whether or not said person is paid a salary, wage, or other 9 compensation by the operator of said business. The term employee does not include a person HB 1946 5
10 exclusively on the premises for repair or maintenance of the premises or equipment on the 11 premises, or for the delivery of goods to the premises; 12 (3) "Nudity" or a "state of nudity", the showing of the human male or female genitals, 13 pubic area, vulva, anus, anal cleft or anal cleavage with less than a fully opaque covering, the 14 showing of the female breast with less than a fully opaque covering of any part of the nipple, 15 or the showing of the covered male genitals in a discernibly turgid state; 16 (4) "Nuisance", any place in or upon which lewdness, assignation, or prostitution is 17 conducted, permitted, continued, or exists, or any place, in or upon which lewd, indecent, 18 lascivious, or obscene films, or films designed to be projected for exhibition, are 19 photographed, manufactured, developed, screened, exhibited, or otherwise prepared or 20 shown, and the personal property and contents used in conducting and maintaining any such 21 place for any such purpose. The provisions of this section shall not affect any newspaper, 22 magazine, or other publication entered as second class matter by the post office department; 23 (5) "Person", an individual, proprietorship, partnership, corporation, association, or 24 other legal entity; 25 (6) "Seminude" or in a "seminude condition", a state of dress in which opaque 26 clothing fails to cover the genitals, anus, anal cleft or cleavage, pubic area, vulva, nipple and 27 areola of the female breast below a horizontal line across the top of the areola at its highest 28 point. Seminudity shall include the entire lower portion of the female breast, but shall not 29 include any portion of the cleavage of the human female breast exhibited by wearing apparel 30 provided the areola is not exposed in whole or part; 31 (7) "Sexually oriented business", an adult cabaret or any business which offers its 32 patrons goods of which a substantial or significant portion are sexually oriented material. It 33 shall be presumed that a business that derives thirty percent or less of its revenue from 34 sexually oriented materials is presumed not to be a sexually oriented business. No building, 35 premises, structure, or other facility that contains any sexually oriented business shall contain 36 any other kind of sexually oriented business; 37 (8) "Sexually oriented materials", any pictorial or three-dimensional material, or film, 38 motion picture, DVD, video cassette, or similar photographic reproduction, that depicts 39 nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, as defined in section 40 573.010; 41 (9) "Specified criminal activity" includes the following offenses: 42 (a) Prostitution or promotion of prostitution; dissemination of obscenity; sale, 43 distribution, or display of harmful material to a minor; sexual performance by a child; 44 possession or distribution of child pornography as it existed prior to August 28, 2026; 45 possession or distribution of child sexual abuse material; public lewdness; indecent 46 exposure; indecency with a child; engaging in organized criminal activity; sexual assault; HB 1946 6
47 molestation of a child; gambling prohibited under Missouri law; or distribution of a controlled 48 substance; or any similar offenses described in this subdivision under the criminal or penal 49 code of other states or countries; 50 (b) For which: 51 a. Less than two years have elapsed since the date of conviction or the date of release 52 from confinement imposed for the conviction, whichever is the later date, if the conviction is 53 of a misdemeanor offense; 54 b. Less than five years have elapsed since the date of conviction or the date of release 55 from confinement for the conviction, whichever is the later date, if the conviction is of a 56 felony offense; or 57 c. Less than five years have elapsed since the date of the last conviction or the date of 58 release from confinement for the last conviction, whichever is the later date, if the convictions 59 are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring 60 within any twenty-four-month period; 61 (c) The fact that a conviction is being appealed shall not prevent a sexually oriented 62 business from being considered a nuisance and closed under section 67.2546; 63 (10) "Specified sexual activities" includes the following acts: 64 (a) The fondling or other erotic touching of human genitals, pubic region, buttocks, 65 anus, or female breasts; 66 (b) Sex acts, actual or simulated, including intercourse, oral copulation, masturbation, 67 or sodomy; or 68 (c) Excretory functions as part of or in connection with any of the activities set forth 69 in this subdivision. 168.071. 1. The state board of education may refuse to issue or renew a certificate, or 2 may, upon hearing, discipline the holder of a certificate of license to teach for the following 3 causes: 4 (1) A certificate holder or applicant for a certificate has pleaded to or been found 5 guilty of a felony or crime involving moral turpitude under the laws of this state, any other 6 state, of the United States, or any other country, whether or not sentence is imposed; 7 (2) The certification was obtained through use of fraud, deception, misrepresentation 8 or bribery; 9 (3) There is evidence of incompetence, immorality, or neglect of duty by the 10 certificate holder; 11 (4) A certificate holder has been subject to disciplinary action relating to certification 12 issued by another state, territory, federal agency, or country upon grounds for which discipline 13 is authorized in this section; or HB 1946 7
14 (5) If charges are filed by the local board of education, based upon the annulling of a 15 written contract with the local board of education, for reasons other than election to the 16 general assembly, without the consent of the majority of the members of the board that is a 17 party to the contract. 18 2. A public school district may file charges seeking the discipline of a holder of a 19 certificate of license to teach based upon any cause or combination of causes outlined in 20 subsection 1 of this section, including annulment of a written contract. Charges shall be in 21 writing, specify the basis for the charges, and be signed by the chief administrative officer of 22 the district, or by the president of the board of education as authorized by a majority of the 23 board of education. The board of education may also petition the office of the attorney 24 general to file charges on behalf of the school district for any cause other than annulment of 25 contract, with acceptance of the petition at the discretion of the attorney general. 26 3. The department of elementary and secondary education may file charges seeking 27 the discipline of a holder of a certificate of license to teach based upon any cause or 28 combination of causes outlined in subsection 1 of this section, other than annulment of 29 contract. Charges shall be in writing, specify the basis for the charges, and be signed by legal 30 counsel representing the department of elementary and secondary education. 31 4. If the underlying conduct or actions which are the basis for charges filed pursuant 32 to this section are also the subject of a pending criminal charge against the person holding 33 such certificate, the certificate holder may request, in writing, a delayed hearing on advice of 34 counsel under the fifth amendment of the Constitution of the United States. Based upon such 35 a request, no hearing shall be held until after a trial has been completed on this criminal 36 charge. 37 5. The certificate holder shall be given not less than thirty days' notice of any hearing 38 held pursuant to this section. 39 6. Other provisions of this section notwithstanding, the certificate of license to teach 40 shall be revoked or, in the case of an applicant, a certificate shall not be issued, if the 41 certificate holder or applicant has been found guilty of any of the following offenses 42 established pursua