HOUSE BILL NO. 2339 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE PROUDIE.
5704H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 455.010 and 455.032, RSMo, and to enact in lieu thereof two new sections relating to protective orders.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 455.010 and 455.032, RSMo, are repealed and two new sections 2 enacted in lieu thereof, to be known as sections 455.010 and 455.032, to read as follows: 455.010. As used in this chapter, unless the context clearly indicates otherwise, the 2 following terms shall mean: 3 (1) "Abuse", includes but is not limited to the occurrence of any of the following acts, 4 attempts or threats against a person who may be protected pursuant to this chapter, except 5 abuse shall not include abuse inflicted on a child by accidental means by an adult household 6 member or discipline of a child, including spanking, in a reasonable manner: 7 (a) "Abusing a pet", purposely or knowingly causing, attempting to cause, or 8 threatening to cause physical injury to a pet with the intent to control, punish, intimidate, or 9 distress the petitioner; 10 (b) "Assault", purposely or knowingly placing or attempting to place another in fear 11 of physical harm; 12 (c) "Battery", purposely or knowingly causing physical harm to another with or 13 without a deadly weapon; 14 (d) "Coercion", compelling another by force or threat of force to engage in conduct 15 from which the latter has a right to abstain or to abstain from conduct in which the person has 16 a right to engage;
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 2339 2
17 (e) "Harassment", engaging in a purposeful or knowing course of conduct involving 18 more than one incident that alarms or causes distress to an adult or child and serves no 19 legitimate purpose. The course of conduct must be such as would cause a reasonable adult or 20 child to suffer substantial emotional distress and must actually cause substantial emotional 21 distress to the petitioner or child. Such conduct might include, but is not limited to: 22 a. Following another about in a public place or places; 23 b. Peering in the window or lingering outside the residence of another; but does not 24 include constitutionally protected activity; 25 (f) "Sexual assault", causing or attempting to cause another to engage involuntarily in 26 any sexual act by force, threat of force, duress, or without that person's consent; 27 (g) "Unlawful imprisonment", holding, confining, detaining or abducting another 28 person against that person's will; 29 (2) "Adult", any person seventeen years of age or older or otherwise emancipated; 30 (3) "Child", any person under seventeen years of age unless otherwise emancipated; 31 (4) "Coercive control", purposely or unreasonably interfering with a person's 32 free will and personal liberty, which may include, but is not limited to, unreasonably 33 engaging in the following: 34 (a) Isolating the person from friends, relatives, or other sources of support; 35 (b) Depriving the person of basic necessities; 36 (c) Controlling, regulating, or monitoring the person's movements, 37 communications, daily behavior, finances, economic resources, or access to services; or 38 (d) Compelling the person by force, threat of force, or intimidation, including 39 threats based on actual or suspected immigration status, to engage in conduct from 40 which the person has a right to abstain or to abstain from conduct in which the person 41 has a right to engage; 42 (5) "Court", the circuit or associate circuit judge or a family court commissioner; 43 (6) "Disturbing the peace of the petitioner" or "disturbing the peace of the 44 victim", conduct that, based on the totality of the circumstances, destroys the mental or 45 emotional calm of the petitioner or the victim. Such conduct may be committed directly 46 or indirectly, including through the use of a third party, and by any method or through 47 any means including, but not limited to, telephone, online accounts, text messages, 48 internet-connected devices, or other electronic technologies. Such conduct may also 49 include, but is not limited to, coercive control, as defined in this section; 50 [(5)] (7) "Domestic violence", abuse or stalking committed by a family or household 51 member, as such terms are defined in this section; 52 [(6)] (8) "Ex parte order of protection", an order of protection issued by the court 53 before the respondent has received notice of the petition or an opportunity to be heard on it; HB 2339 3
54 [(7)] (9) "Family" or "household member", spouses, former spouses, any person 55 related by blood or marriage, persons who are presently residing together or have resided 56 together in the past, any person who is or has been in a continuing social relationship of a 57 romantic or intimate nature with the victim, and anyone who has a child in common 58 regardless of whether they have been married or have resided together at any time; 59 [(8)] (10) "Full order of protection", an order of protection issued after a hearing on 60 the record where the respondent has received notice of the proceedings and has had an 61 opportunity to be heard; 62 [(9)] (11) "Order of protection", either an ex parte order of protection or a full order of 63 protection; 64 [(10)] (12) "Pending", exists or for which a hearing date has been set; 65 [(11)] (13) "Pet", a living creature maintained by a household member for 66 companionship and not for commercial purposes; 67 [(12)] (14) "Petitioner", a family or household member who has been a victim of 68 domestic violence, or any person who has been the victim of stalking or sexual assault, or a 69 person filing on behalf of a child pursuant to section 455.503 who has filed a verified petition 70 pursuant to the provisions of section 455.020 or section 455.505; 71 [(13)] (15) "Respondent", the family or household member alleged to have committed 72 an act of domestic violence, or person alleged to have committed an act of stalking or sexual 73 assault, against whom a verified petition has been filed or a person served on behalf of a child 74 pursuant to section 455.503; 75 [(14)] (16) "Sexual assault", as defined under subdivision (1) of this section; 76 [(15)] (17) "Stalking", is when any person purposely engages in an unwanted course 77 of conduct that causes alarm to another person, or a person who resides together in the same 78 household with the person seeking the order of protection when it is reasonable in that 79 person's situation to have been alarmed by the conduct. As used in this subdivision: 80 (a) "Alarm", to cause fear of danger of physical harm; and 81 (b) "Course of conduct", two or more acts that serve no legitimate purpose including, 82 but not limited to, acts in which the stalker directly, indirectly, or through a third party 83 follows, monitors, observes, surveils, threatens, or communicates to a person by any action, 84 method, or device. 455.032. In addition to any other jurisdictional grounds provided by law, a court shall 2 have jurisdiction to enter an order of protection restraining or enjoining the respondent from 3 committing or threatening to commit domestic violence, stalking, sexual assault, molesting or 4 disturbing the peace of the petitioner, or abusing a pet, pursuant to sections 455.010 to 5 455.085, if the petitioner is present, whether permanently or on a temporary basis within the 6 state of Missouri and if the respondent's actions constituting domestic violence have occurred, HB 2339 4
7 have been attempted or have been or are threatened within the state of Missouri. For purposes 8 of this section, if the petitioner has been the subject of domestic violence within or outside of 9 the state of Missouri, such evidence shall be admissible to demonstrate the need for protection 10 in Missouri. ✔
Statutes affected: