HOUSE BILL NO. 3286 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE FUCHS.
6933H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 455.050, 455.523, 565.076, 565.227, and 571.070, RSMo, and to enact in lieu thereof six new sections relating to firearms, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 455.050, 455.523, 565.076, 565.227, and 571.070, RSMo, are 2 repealed and six new sections enacted in lieu thereof, to be known as sections 455.050, 3 455.096, 455.523, 565.076, 565.227, and 571.070, to read as follows: 455.050. 1. Any full or ex parte order of protection granted pursuant to sections 2 455.010 to 455.085 shall be to protect the petitioner from domestic violence, stalking, or 3 sexual assault and may include such terms as the court reasonably deems necessary to ensure 4 the petitioner's safety, including but not limited to: 5 (1) Temporarily enjoining the respondent from committing or threatening to commit 6 domestic violence, molesting, stalking, sexual assault, or disturbing the peace of the 7 petitioner, including violence against a pet; 8 (2) Temporarily enjoining the respondent from entering the premises of the dwelling 9 unit of the petitioner when the dwelling unit is: 10 (a) Jointly owned, leased or rented or jointly occupied by both parties; or 11 (b) Owned, leased, rented or occupied by petitioner individually; or 12 (c) Jointly owned, leased, rented or occupied by petitioner and a person other than 13 respondent; provided, however, no spouse shall be denied relief pursuant to this section by 14 reason of the absence of a property interest in the dwelling unit; or 15 (d) Jointly occupied by the petitioner and a person other than respondent; provided 16 that the respondent has no property interest in the dwelling unit; or
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 3286 2
17 (3) Temporarily enjoining the respondent from communicating with the petitioner in 18 any manner or through any medium. 19 2. Mutual orders of protection are prohibited unless both parties have properly filed 20 written petitions and proper service has been made in accordance with sections 455.010 to 21 455.085. 22 3. When the court has, after a hearing for any full order of protection, issued an order 23 of protection, it may, in addition: 24 (1) Award custody of any minor child born to or adopted by the parties when the court 25 has jurisdiction over such child and no prior order regarding custody is pending or has been 26 made, and the best interests of the child require such order be issued; 27 (2) Establish a visitation schedule that is in the best interests of the child; 28 (3) Award child support in accordance with supreme court rule 88.01 and chapter 29 452; 30 (4) Award maintenance to petitioner when petitioner and respondent are lawfully 31 married in accordance with chapter 452; 32 (5) Order respondent to make or to continue to make rent or mortgage payments on a 33 residence occupied by the petitioner if the respondent is found to have a duty to support the 34 petitioner or other dependent household members; 35 (6) Order the respondent to pay the petitioner's rent at a residence other than the one 36 previously shared by the parties if the respondent is found to have a duty to support the 37 petitioner and the petitioner requests alternative housing; 38 (7) Order that the petitioner be given temporary possession of specified personal 39 property, such as automobiles, checkbooks, keys, and other personal effects; 40 (8) Prohibit the respondent from transferring, encumbering, or otherwise disposing of 41 specified property mutually owned or leased by the parties; 42 (9) Order the respondent to participate in a court-approved counseling program 43 designed to help batterers stop violent behavior or to participate in a substance abuse 44 treatment program; 45 (10) Order the respondent to pay a reasonable fee for housing and other services that 46 have been provided or that are being provided to the petitioner by a shelter for victims of 47 domestic violence; 48 (11) Order the respondent to pay court costs; 49 (12) Order the respondent to pay the cost of medical treatment and services that have 50 been provided or that are being provided to the petitioner as a result of injuries sustained to 51 the petitioner by an act of domestic violence committed by the respondent; 52 (13) Award possession and care of any pet, along with any moneys necessary to cover 53 medical costs that may have resulted from abuse of the pet. HB 3286 3
54 4. If, after a hearing for any full order of protection, the court issues an order of 55 protection, the court shall also: 56 (1) Prohibit the respondent from knowingly possessing or purchasing any 57 firearm while the order is in effect; 58 (2) Inform the respondent of such prohibition in writing and, if the respondent is 59 present, orally; and 60 (3) Forward the order to the Missouri state highway patrol so that the Missouri 61 state highway patrol can update the respondent's record in the National Instant 62 Criminal Background Check System (NICS). Upon receiving an order under this 63 subsection, the Missouri state highway patrol shall notify the Federal Bureau of 64 Investigation within twenty-four hours. 65 5. A verified petition seeking orders for maintenance, support, custody, visitation, 66 payment of rent, payment of monetary compensation, possession of personal property, 67 prohibiting the transfer, encumbrance, or disposal of property, or payment for services of a 68 shelter for victims of domestic violence, shall contain allegations relating to those orders and 69 shall pray for the orders desired. 70 [5.] 6. In making an award of custody, the court shall consider all relevant factors 71 including the presumption that the best interests of the child will be served by placing the 72 child in the custody and care of the nonabusive parent, unless there is evidence that both 73 parents have engaged in abusive behavior, in which case the court shall not consider this 74 presumption but may appoint a guardian ad litem or a court-appointed special advocate to 75 represent the children in accordance with chapter 452 and shall consider all other factors in 76 accordance with chapter 452. 77 [6.] 7. The court shall grant to the noncustodial parent rights to visitation with any 78 minor child born to or adopted by the parties, unless the court finds, after hearing, that 79 visitation would endanger the child's physical health, impair the child's emotional 80 development or would otherwise conflict with the best interests of the child, or that no 81 visitation can be arranged which would sufficiently protect the custodial parent from further 82 domestic violence. The court may appoint a guardian ad litem or court-appointed special 83 advocate to represent the minor child in accordance with chapter 452 whenever the custodial 84 parent alleges that visitation with the noncustodial parent will damage the minor child. 85 [7.] 8. The court shall make an order requiring the noncustodial party to pay an 86 amount reasonable and necessary for the support of any child to whom the party owes a duty 87 of support when no prior order of support is outstanding and after all relevant factors have 88 been considered, in accordance with Missouri supreme court rule 88.01 and chapter 452. HB 3286 4
89 [8.] 9. The court may grant a maintenance order to a party for a period of time, not to 90 exceed one hundred eighty days. Any maintenance ordered by the court shall be in 91 accordance with chapter 452. 92 [9.] 10. (1) The court may, in order to ensure that a petitioner can maintain an 93 existing wireless telephone number or numbers, issue an order, after notice and an 94 opportunity to be heard, directing a wireless service provider to transfer the billing 95 responsibility for and rights to the wireless telephone number or numbers to the petitioner, if 96 the petitioner is not the wireless service accountholder. 97 (2) (a) The order transferring billing responsibility for and rights to the wireless 98 telephone number or numbers to the petitioner shall list the name and billing telephone 99 number of the accountholder, the name and contact information of the person to whom the 100 telephone number or numbers will be transferred, and each telephone number to be 101 transferred to that person. The court shall ensure that the contact information of the petitioner 102 is not provided to the accountholder in proceedings held under this chapter. 103 (b) Upon issuance, a copy of the full order of protection shall be transmitted, either 104 electronically or by certified mail, to the wireless service provider's registered agent listed 105 with the secretary of state, or electronically to the email address provided by the wireless 106 service provider. Such transmittal shall constitute adequate notice for the wireless service 107 provider acting under this section and section 455.523. 108 (c) If the wireless service provider cannot operationally or technically effectuate the 109 order due to certain circumstances, the wireless service provider shall notify the petitioner 110 within three business days. Such circumstances shall include, but not be limited to, the 111 following: 112 a. The accountholder has already terminated the account; 113 b. The differences in network technology prevent the functionality of a device on the 114 network; or 115 c. There are geographic or other limitations on network or service availability. 116 (3) (a) Upon transfer of billing responsibility for and rights to a wireless telephone 117 number or numbers to the petitioner under this subsection by a wireless service provider, the 118 petitioner shall assume all financial responsibility for the transferred wireless telephone 119 number or numbers, monthly service costs, and costs for any mobile device associated with 120 the wireless telephone number or numbers. 121 (b) This section shall not preclude a wireless service provider from applying any 122 routine and customary requirements for account establishment to the petitioner as part of this 123 transfer of billing responsibility for a wireless telephone number or numbers and any devices 124 attached to that number or numbers including, but not limited to, identification, financial 125 information, and customer preferences. HB 3286 5
126 (4) This section shall not affect the ability of the court to apportion the assets and 127 debts of the parties as provided for in law, or the ability to determine the temporary use, 128 possession, and control of personal property. 129 (5) No cause of action shall lie against any wireless service provider, its officers, 130 employees, or agents, for actions taken in accordance with the terms of a court order issued 131 under this section. 132 (6) As used in this section and section 455.523, a "wireless service provider" means a 133 provider of commercial mobile service under Section 332(d) of the federal 134 [Telecommunications] Communications Act of [1996] 1934 (47 U.S.C. Section [151, et 135 seq.] 332). 455.096. 1. This section shall be known and may be cited as "Hailey's Law". 2 2. In addition to any other jurisdictional grounds provided by law, a court shall 3 have jurisdiction to enter an extreme risk order of protection restraining or enjoining a 4 respondent from possessing any firearms. 5 3. (1) Upon the filing of a verified petition by a law enforcement officer or 6 agency under this section, and for good cause shown in the petition, the court may 7 immediately issue an ex parte order of protection. An immediate and present danger of 8 the respondent causing personal injury to himself or herself or others shall constitute 9 good cause shown for purposes of this section. An ex parte order of protection entered 10 by the court shall take effect when entered and shall remain in effect until there is valid 11 service of process and a hearing is held on the motion within fifteen days of the filing of 12 the petition. 13 (2) Failure to serve an ex parte order of protection on the respondent shall not 14 affect the validity or enforceability of such order. If the respondent is under eighteen 15 years of age, unless otherwise emancipated, service of process shall be made upon a 16 custodial parent or guardian of the respondent, or upon a guardian ad litem appointed 17 by the court, requiring that the person appear and bring the respondent before the 18 court at the time and place stated. 19 (3) If an ex parte order is entered and the respondent is under eighteen years of 20 age, the court shall transfer the case to juvenile court for a hearing on a full order of 21 protection. The court shall appoint a guardian ad litem for any such respondent not 22 represented by a parent or guardian. 23 (4) The law enforcement officer or agency shall be responsible for providing 24 notice to a family or household member of the respondent and to any known third party 25 who may be at risk of violence. The notice shall state that the law enforcement officer or 26 agency intends to petition the court for an extreme risk order of protection or has 27 already done so, and include referrals to appropriate resources, including mental health, HB 3286 6
28 domestic violence, and counseling resources. The law enforcement officer or agency 29 shall attest in the petition to having provided such notice, or attest to the steps that shall 30 be taken to provide such notice. 31 4. Upon issuance of any ex parte order of protection under subsection 3 of this 32 section, the court shall order the respondent to surrender to the local law enforcement 33 agency where the respondent resides all firearms in the respondent's custody, control, or 34 possession. The law enforcement officer serving any ex parte order of protection shall 35 provide the respondent to the order an opportunity to comply with the order by 36 surrendering all firearms in his or her custody, control, or possession. If the respondent 37 does not comply, the law enforcement officer serving the order shall conduct a lawful 38 search and seizure of any firearms of the respondent and in any area where probable 39 cause exists that a firearm to be surrendered under the order is located. The law 40 enforcement agency shall hold all surrendered firearms until a hearing is held on the 41 petition for the extreme risk order of protection. Such firearms shall not be held for 42 more than one hundred twenty days unless the court issues a full extreme risk order of 43 protection as provided in this section. 44 5. Not later than fifteen days after the filing of a verified petition that meets the 45 requirements of this section, a hearing shall be held unless the court deems, for good 46 cause shown, that a continuance should be granted. At the hearing, if the law 47 enforcement officer or agency has proved the allegation that the respondent poses a 48 significant danger to himself or herself or others by clear and convincing evidence, the 49 court shall issue a full extreme risk order of protection for a period of one year. 50 6. (1) Upon issuance of any full extreme risk order of protection under 51 subsection 5 of this section, the court shall order the respondent to surrender to the local 52 law enforcement agency where the respondent resides all firearms in the respondent's 53 custody, control, or possession. If the respondent has been identified in the petition as 54 being required to carry a firearm as a condition of the respondent's employment, the 55 court shall notify the respondent's employer of the existence of the order. If the 56 respondent holds a concealed carry permit under section 571.101 or 571.205, the court 57 shall order a revocation of the concealed carry permit. 58 (2) The law enforcement officer serving any extreme risk order of protection 59 shall provide the respondent to the order an opportunity to comply with the order by 60 surrendering all firearms in his or her custody, control, or possession. If the respondent 61 does not comply, the law enforcement officer serving the order shall: 62 (a) Conduct a lawful search of the respondent and any area where probable 63 cause exists that a firearm to be surrendered under the order is located; and HB 3286 7
64 (b) Take possession of all firearms belonging to the respondent that are 65 surrendered in plain sight or discovered under a lawful search conducted under 66 paragraph (a) of this subdivision. 67 (3) If personal service by a law enforcement officer is not possible or not 68 required because the respondent was present at the extreme risk order of protection 69 hearing, the respondent shall surrender the firearms in a safe manner to the control of 70 the local law enforcement agency within forty-eight hours of being served with the order 71 by alternate service or within forty-eight hours of the hearing or final decision at which 72 the respondent was present. 73 (4) At the time of surrender, a law enforcement officer taking possession of a 74 firearm shall issue a receipt identifying all firearms that have been surrendered and 75 provide a copy of the receipt to the respondent. Within seventy-two hours after service 76 of the order, the officer serving the order shall file the original receipt with the court and 77 shall ensure that his or her law enforcement agency retains a copy of the receipt. 78 (5) Upon the sworn statement or testimony of any law enforcement officer 79 alleging that the respondent has failed to comply with the surrender of firearms as 80 required by an order issued under this subsection and subsection 4 of this section, the 81 court shall determine whether probable cause exists to believe that the respondent has 82 failed to surrender all firearms in his or her possession, custody, or control. If probable 83 cause exists, the court shall issue a warrant describing the firearms and authorizing a 84 search of the locations where the firearms are reasonably believed to be and the seizure 85 of any firearms discovered pursuant to such search. 86 (6) If a person other than the respondent claims title to