HOUSE BILL NO. 2265 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE TAYLOR (48).
4508H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 70.441, 571.030, 571.101, 571.104, 571.107, 571.111, 571.117, 571.205, 571.215, 571.225, 577.703, and 577.712, RSMo, and to enact in lieu thereof thirteen new sections relating to concealed carry permits, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 70.441, 571.030, 571.101, 571.104, 571.107, 571.111, 571.117, 2 571.205, 571.215, 571.225, 577.703, and 577.712, RSMo, are repealed and thirteen new 3 sections enacted in lieu thereof, to be known as sections 70.441, 571.030, 571.101, 571.104, 4 571.107, 571.111, 571.117, 571.128, 571.205, 571.215, 571.225, 577.703, and 577.712, to 5 read as follows: 70.441. 1. As used in this section, the following terms have the following meanings: 2 (1) "Agency", the bi-state development agency created by compact under section 3 70.370; 4 (2) "Conveyance" includes bus, paratransit vehicle, rapid transit car or train, 5 locomotive, or other vehicle used or held for use by the agency as a means of transportation of 6 passengers; 7 (3) "Facilities" includes all property and equipment, including, without limitation, 8 rights-of-way and related trackage, rails, signals, power, fuel, communication and ventilation 9 systems, power plants, stations, terminals, signage, storage yards, depots, repair and 10 maintenance shops, yards, offices, parking lots and other real estate or personal property used 11 or held for or incidental to the operation, rehabilitation or improvement of any public mass 12 transportation system of the agency;
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 2265 2
13 (4) "Person", any individual, firm, copartnership, corporation, association or 14 company; and 15 (5) "Sound production device" includes, but is not limited to, any radio receiver, 16 phonograph, television receiver, musical instrument, tape recorder, cassette player, speaker 17 device and any sound amplifier. 18 2. In interpreting or applying this section, the following provisions shall apply: 19 (1) Any act otherwise prohibited by this section is lawful if specifically authorized by 20 agreement, permit, license or other writing duly signed by an authorized officer of the agency 21 or if performed by an officer, employee or designated agent of the agency acting within the 22 scope of his or her employment or agency; 23 (2) Rules shall apply with equal force to any person assisting, aiding or abetting 24 another, including a minor, in any of the acts prohibited by the rules or assisting, aiding or 25 abetting another in the avoidance of any of the requirements of the rules; and 26 (3) The singular shall mean and include the plural; the masculine gender shall mean 27 the feminine and the neuter genders; and vice versa. 28 3. (1) No person shall use or enter upon the light rail conveyances of the agency 29 without payment of the fare or other lawful charges established by the agency. Any person on 30 any such conveyance must have properly validated fare media in his possession. This ticket 31 must be valid to or from the station the passenger is using, and must have been used for entry 32 for the trip then being taken; 33 (2) No person shall use any token, pass, badge, ticket, document, transfer, card or fare 34 media to gain entry to the facilities or conveyances of, or make use of the services of, the 35 agency, except as provided, authorized or sold by the agency and in accordance with any 36 restriction on the use thereof imposed by the agency; 37 (3) No person shall enter upon parking lots designated by the agency as requiring 38 payment to enter, either by electronic gate or parking meters, where the cost of such parking 39 fee is visibly displayed at each location, without payment of such fees or other lawful charges 40 established by the agency; 41 (4) Except for employees of the agency acting within the scope of their employment, 42 no person shall sell, provide, copy, reproduce or produce, or create any version of any token, 43 pass, badge, ticket, document, transfer, card or any other fare media or otherwise authorize 44 access to or use of the facilities, conveyances or services of the agency without the written 45 permission of an authorized representative of the agency; 46 (5) No person shall put or attempt to put any paper, article, instrument or item, other 47 than a token, ticket, badge, coin, fare card, pass, transfer or other access authorization or other 48 fare media issued by the agency and valid for the place, time and manner in which used, into HB 2265 3
49 any fare box, pass reader, ticket vending machine, parking meter, parking gate or other fare 50 collection instrument, receptacle, device, machine or location; 51 (6) Tokens, tickets, fare cards, badges, passes, transfers or other fare media that have 52 been forged, counterfeited, imitated, altered or improperly transferred or that have been used 53 in a manner inconsistent with this section shall be confiscated; 54 (7) No person may perform any act which would interfere with the provision of 55 transit service or obstruct the flow of traffic on facilities or conveyances or which would in 56 any way interfere or tend to interfere with the safe and efficient operation of the facilities or 57 conveyances of the agency; 58 (8) All persons on or in any facility or conveyance of the agency shall: 59 (a) Comply with all lawful orders and directives of any agency employee acting 60 within the scope of his employment; 61 (b) Obey any instructions on notices or signs duly posted on any agency facility or 62 conveyance; and 63 (c) Provide accurate, complete and true information or documents requested by 64 agency personnel acting within the scope of their employment and otherwise in accordance 65 with law; 66 (9) No person shall falsely represent himself or herself as an agent, employee or 67 representative of the agency; 68 (10) No person on or in any facility or conveyance shall: 69 (a) Litter, dump garbage, liquids or other matter, or create a nuisance, hazard or 70 [unsanitary] insanitary condition, including, but not limited to, spitting and urinating, except 71 in facilities provided; 72 (b) Drink any alcoholic beverage or possess any opened or unsealed container of 73 alcoholic beverage, except on premises duly licensed for the sale of alcoholic beverages, such 74 as bars and restaurants; 75 (c) Enter or remain in any facility or conveyance while his ability to function safely in 76 the environment of the agency transit system is impaired by the consumption of alcohol or by 77 the taking of any drug; 78 (d) Loiter or stay on any facility of the agency; 79 (e) Consume foods or liquids of any kind, except in those areas specifically 80 authorized by the agency; 81 (f) Smoke or carry an open flame or lighted match, cigar, cigarette, pipe or torch, 82 except in those areas or locations specifically authorized by the agency; or 83 (g) Throw or cause to be propelled any stone, projectile or other article at, from, upon 84 or in a facility or conveyance; HB 2265 4
85 (11) Except as otherwise provided under section 571.128, no weapon or other 86 instrument intended for use as a weapon may be carried in or on any facility or conveyance, 87 except for law enforcement personnel. For the purposes hereof, a weapon shall include, but 88 not be limited to, a firearm, switchblade knife, sword, or any instrument of any kind known as 89 blackjack, billy club, club, sandbag, metal knuckles, leather bands studded with metal, wood 90 impregnated with metal filings or razor blades; except that this subdivision shall not apply to 91 a rifle or shotgun which is unloaded and carried in any enclosed case, box or other container 92 which completely conceals the item from view and identification as a weapon; 93 (12) No explosives, flammable liquids, acids, fireworks or other highly combustible 94 materials or radioactive materials may be carried on or in any facility or conveyance, except 95 as authorized by the agency; 96 (13) No person, except as specifically authorized by the agency, shall enter or attempt 97 to enter into any area not open to the public, including, but not limited to, motorman's cabs, 98 conductor's cabs, bus operator's seat location, closed-off areas, mechanical or equipment 99 rooms, concession stands, storage areas, interior rooms, tracks, roadbeds, tunnels, plants, 100 shops, barns, train yards, garages, depots or any area marked with a sign restricting access or 101 indicating a dangerous environment; 102 (14) No person may ride on the roof, the platform between rapid transit cars, or on 103 any other area outside any rapid transit car or bus or other conveyance operated by the 104 agency; 105 (15) No person shall extend his hand, arm, leg, head or other part of his or her person 106 or extend any item, article or other substance outside of the window or door of a moving rapid 107 transit car, bus or other conveyance operated by the agency; 108 (16) No person shall enter or leave a rapid transit car, bus or other conveyance 109 operated by the agency except through the entrances and exits provided for that purpose; 110 (17) No animals may be taken on or into any conveyance or facility except the 111 following: 112 (a) An animal enclosed in a container, accompanied by the passenger and carried in a 113 manner which does not annoy other passengers; and 114 (b) Working dogs for law enforcement agencies, agency dogs on duty, dogs properly 115 harnessed and accompanying blind or hearing-impaired persons to aid such persons, or dogs 116 accompanying trainers carrying a certificate of identification issued by a dog school; 117 (18) No vehicle shall be operated carelessly, or negligently, or in disregard of the 118 rights or safety of others or without due caution and circumspection, or at a speed in such a 119 manner as to be likely to endanger persons or property on facilities of the agency. The speed 120 limit on parking lots and access roads shall be posted as fifteen miles per hour unless 121 otherwise designated. HB 2265 5
122 4. (1) Unless a greater penalty is otherwise provided by the laws of the state, any 123violation of this section shall constitute a misdemeanor, and any person committing a 124violation thereof shall be subject to arrest and, upon conviction in a court of competent 125jurisdiction, shall pay a fine in an amount not less than twenty-five dollars and no greater than 126two hundred fifty dollars per violation, in addition to court costs. Any default in the payment 127of a fine imposed pursuant to this section without good cause shall result in imprisonment for 128not more than thirty days; 129 (2) Unless a greater penalty is provided by the laws of the state, any person convicted 130a second or subsequent time for the same offense under this section shall be guilty of a 131misdemeanor and sentenced to pay a fine of not less than fifty dollars nor more than five 132hundred dollars in addition to court costs, or to undergo imprisonment for up to sixty days, or 133both such fine and imprisonment; 134 (3) Any person failing to pay the proper fare, fee or other charge for use of the 135facilities and conveyances of the agency shall be subject to payment of such charge as part of 136the judgment against the violator. All proceeds from judgments for unpaid fares or charges 137shall be directed to the appropriate agency official; 138 (4) All juvenile offenders violating the provisions of this section shall be subject to 139the jurisdiction of the juvenile court as provided in chapter 211; 140 (5) As used in this section, the term "conviction" shall include all pleas of guilty and 141findings of guilt. 142 5. Any person who is convicted, pleads guilty, or pleads nolo contendere for failing to 143pay the proper fare, fee, or other charge for the use of the facilities and conveyances of the bi- 144state development agency, as described in subdivision (3) of subsection 4 of this section, may, 145in addition to the unpaid fares or charges and any fines, penalties, or sentences imposed by 146law, be required to reimburse the reasonable costs attributable to the enforcement, 147investigation, and prosecution of such offense by the bi-state development agency. The 148court shall direct the reimbursement proceeds to the appropriate agency official. 149 6. (1) Stalled or disabled vehicles may be removed from the roadways of the agency 150property by the agency and parked or stored elsewhere at the risk and expense of the owner; 151 (2) Motor vehicles which are left unattended or abandoned on the property of the 152agency for a period of over seventy-two hours may be removed as provided for in section 153304.155, except that the removal may be authorized by personnel designated by the agency 154under section 70.378. 571.030. 1. A person commits the offense of unlawful use of weapons, except as 2 otherwise provided by sections 571.101 to 571.121 and sections 571.205 to 571.230, if he or 3 she knowingly: HB 2265 6
4 (1) Carries concealed upon or about his or her person a knife, a firearm, a blackjack 5 or any other weapon readily capable of lethal use into any area where firearms are restricted 6 under section 571.107; or 7 (2) Sets a spring gun; or 8 (3) Discharges or shoots a firearm into a dwelling house, a railroad train, boat, 9 aircraft, or motor vehicle as defined in section 302.010, or any building or structure used for 10 the assembling of people; or 11 (4) Exhibits, in the presence of one or more persons, any weapon readily capable of 12 lethal use in an angry or threatening manner; or 13 (5) Has a firearm or projectile weapon readily capable of lethal use on his or her 14 person, while he or she is intoxicated, and handles or otherwise uses such firearm or projectile 15 weapon in either a negligent or unlawful manner or discharges such firearm or projectile 16 weapon unless acting in self-defense; or 17 (6) Discharges a firearm within one hundred yards of any occupied schoolhouse, 18 courthouse, or church building; or 19 (7) Discharges or shoots a firearm at a mark, at any object, or at random, on, along or 20 across a public highway or discharges or shoots a firearm into any outbuilding; or 21 (8) Carries a firearm or any other weapon readily capable of lethal use into any 22 church or place where people have assembled for worship, or into any election precinct on 23 any election day, or into any building owned or occupied by any agency of the federal 24 government, state government, or political subdivision thereof; or 25 (9) Discharges or shoots a firearm at or from a motor vehicle, as defined in section 26 301.010, discharges or shoots a firearm at any person, or at any other motor vehicle, or at any 27 building or habitable structure, unless the person was lawfully acting in self-defense; or 28 (10) Carries a firearm, whether loaded or unloaded, or any other weapon readily 29 capable of lethal use into any school, onto any school bus, or onto the premises of any 30 function or activity sponsored or sanctioned by school officials or the district school board; or 31 (11) Possesses a firearm while also knowingly in possession of a controlled substance 32 that is sufficient for a felony violation of section 579.015. 33 2. Subdivisions (1), (8), and (10) of subsection 1 of this section shall not apply to the 34 persons described in this subsection, regardless of whether such uses are reasonably 35 associated with or are necessary to the fulfillment of such person's official duties except as 36 otherwise provided in this subsection. Subdivisions (3), (4), (6), (7), and (9) of subsection 1 37 of this section shall not apply to or affect any of the following persons, when such uses are 38 reasonably associated with or are necessary to the fulfillment of such person's official duties, 39 except as otherwise provided in this subsection: HB 2265 7
40 (1) All state, county and municipal peace officers who have completed the training 41 required by the police officer standards and training commission pursuant to sections 590.030 42 to 590.050 and who possess the duty and power of arrest for violation of the general criminal 43 laws of the state or for violation of ordinances of counties or municipalities of the state, 44 whether such officers are on or off duty, and whether such officers are within or outside of the 45 law enforcement agency's jurisdiction, or all qualified retired peace officers, as defined in 46 subsection 12 of this section, and who carry the identification defined in subsection 13 of this 47 section, or any person summoned by such officers to assist in making arrests or preserving the 48 peace while actually engaged in assisting such officer; 49 (2) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other 50 institutions for the detention of persons accused or convicted of crime; 51 (3) Members of the Armed Forces of the United States or National Guard while 52 performing their official duty; 53 (4) Those persons vested by Article V, Section 1 of the Constitution of Missouri with 54 the judicial power of the state and those persons vested by Article III of the Constitution of 55 the United States with the judicial power of the United States, the members of the federal 56 judiciary; 57 (5) Any person whose bona fide duty is to execute process, civil or criminal; 58 (6) Any federal probation officer or federal flight deck officer as defined under the 59 federal flight deck officer program, 49 U.S.C. Section 44921, regardless of whether such 60 officers are on duty, or within the law enforcement agency's jurisdiction; 61 (7) Any state probation or parole officer, including supervisors and members of the 62 parole board; 63 (8) Any corporate security advisor meeting the definition and fulfilling the 64 requirements of the regulations established by the department of public safety under section 65 590.750; 66 (9) Any coroner, deputy coroner, medical examiner, or assistant medical examiner; 67 (