48-HOUR HOLD FOR CERTAIN OFFENDERS (SECTION 544.170)

Under current law, all persons arrested and confined in any jail, without warrant or other process, for any alleged breach of the peace or other criminal offense, shall be discharged from custody within 24 hours from the time of arrest, unless they are charged with a criminal offense.

This act changes the period of detention on arrest without a warrant to 48 hours if a person is arrested for a criminal offense involving domestic violence.

OFFENSES OF ASSAULT AND DOMESTIC VIOLENCE (SECTIONS 565.002 & 565.050 TO 565.076)

This act modifies the offenses of assault in the first, second, third, and fourth degrees and the offenses of domestic violence in the first, second, third, and fourth degrees by removing the defined terms of "serious physical injury" and "physical injury" and providing for the following harms:

• Great bodily harm: Bodily injury which creates a high probability of death, or which causes serious permanent or protracted loss or impairment of function of any bodily member or organ, or other serious bodily harm;

• Substantial bodily harm: Bodily harm which involves a temporary but substantial disfigurement, or which causes temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member; and

• Bodily harm: Physical pain or injury, illness, or any impairment of physical condition.

STALKING (SECTIONS 565.002, 565.225 & 565.227)

This act modifies the offense of stalking in the first degree by repealing the elements of such offense and providing that a person commits the offense of stalking in the first degree when the person knowingly, through a course of conduct that is directed at another person or through technological abuse, as defined in the act, engages in conduct that would cause a reasonable person under similar circumstances to:

• Fear death or bodily injury, as defined in this act;

• Fear that an offense will be committed against a member of the person's family, household members, or an individual with whom the person has a dating relationship;

• Fear that an offense will be committed against the person's property; or

• Feel harassed, terrified, or intimidated.

This act modifies the offense of stalking in the second degree by repealing the elements of such offense and providing that a person commits the offense of stalking in the second degree when the person knowingly, through a course of conduct that is directed at another person or through technological abuse, as defined in the act, engages in conduct that would cause a reasonable person under similar circumstances to feel harassed, terrified, or intimidated.

VIOLATION OF NO CONTACT ORDERS (SECTION 575.275)

This act establishes the offense of violation of a no contact order. A person commits such offense when the person violates a court order where as a condition of pretrial release, a diversion program, or at any other time during the pendency of a criminal case requires that the person refrain from having any direct or indirect contact or communication of any kind with another person and the person knowingly contacts or communicates with the other person.

The offense of violation of a no contact order is a class A misdemeanor.

KATIE O'BRIEN