HCS/SS#2/SCS/SB 523 - This act modifies several provisions relating to public safety.

CORRECTION OFFICER CONFIDENTIALITY (Section 32.056)

Under this act, the home addresses and vehicle information of employees of the Department of Corrections, corrections officers, and jailers shall be kept confidential by the Department of Revenue.

These provisions are identical to provisions in HCS/SS/SB 600 (2020) and HB 1418 (2020).

STATE DEPARTMENT OF DEFENSE (Sections 40.003, 41.005, 45.010, 45.020, 45.030, and 650.005)

Beginning December 31, 2020, this act creates the "Department of Defense" and transfers the powers, duties, and functions of the Office of Adjutant General, the state militia, and the Office of the State Judge Advocate from the Department of Public Safety. These provisions are effective upon voter approval of a constitutional amendment.

These provisions are identical to provision in HCS/SS/SCS/SB 600 (2020) and HB 2209 (2020).

REGULATION OF CERTAIN DOG BREEDS (Section 67.142)

Under this act, the General Assembly shall preempt any local ordinances or rules regulating specific breeds of dogs. However, a political subdivision may prohibit dogs from running at large or may regulate dogs in a non-breed specific manner.

These provisions are identical to provisions in HCS/SS/SCS/SB 600(2020) and HB 2241 (2020).

RESIDENCY REQUIREMENTS OF POLICE DEPARTMENTS (Section 84.344)

Currently, commissioned and civilian personnel of the St. Louis City municipal police force must retain a primary residence in the city for a total of seven years and then may maintain a primary residence that is located within a one-hour response time. This act provides that such personnel shall not be subject to a residency requirement so long as the primary residence is located within a one-hour response time.

These provisions are identical to HCS/SS/SCS/SB 600 (2020), SCS/SB 558 (2020), SB 905 (2020), and HCS/HB 1604 (2020).

PUBLIC SAFETY SALES TAXES (Sections 94.900 and 94.902)

This act adds the cities of Clinton, Lincoln, Branson West, Cole Camp, Hallsville, Kearney, Smithville, and Claycomo to the list of cities and villages authorized to levy a sales tax upon voter approval for the purposes of improving public safety.

These provisions are identical to provisions in HCS/SS/SCS/SB 600 (2020) and similar to SCS/SB 770 (2020), SB 873 (2020), HB 1701 (2020), HB 1309 (2020), HB 1726 (2020), and HB 1731 (2020).

SCHOOL PROTECTION OFFICERS (Sections 160.665 and 590.207)

This act creates the "Keep Our Schools Safe Act" which allows school districts to use volunteers as defined in the act as school protection officers. This act requires anyone designated as a school protection officer to carry concealed firearms and self defense spray.

These provisions are identical to provisions in HCS/SS/SCS/SB 600 (2020) and HB 1961 (2020).

BACKGROUND CHECKS FOR CERTAIN ADULT STUDENTS (Section 168.133)

This act requires criminal background checks to be conducted on any person who is 18 years or older, who is not counted by the district for purposes of average daily attendance, and who requests enrollment in a course that takes place on school district property. Such background checks shall be conducted before the person enrolls in the course.

A person shall be prohibited from enrolling in such a course if he or she has pled guilty to, or been convicted of, any crime or offense which would currently prevent the issuance of a teaching certificate.

Additionally, this act adds "substitute teachers" as individuals required to complete a criminal background check for employment. Substitute teachers may disseminate fingerprint information to up to five school districts with one application as outlined in the act beginning January 1, 2021.

This act requires school districts that are not enrolled in the Missouri Rap Back program to facilitate an annual check of employed persons holding current active certificates against criminal history records, sexual offender registry, and child abuse central registry.

These provisions are identical to provisions in HCS/SS/SCS/SB 600 (2020) and substantially similar to HB 1483.

PRIVATE COLLEGE CAMPUSES ACT (Sections 173.2700, 173.2703, 173.2706, 173.2709, and 173.2712)

This act establishes the "Private College Campus Protection Act". The governing board of the College of the Ozarks may employ police officers for purposes set forth in the act. Such officers shall take an oath of office and complete police training to obtain a peace officer license. Additionally, the College of the Ozarks may establish and enforce traffic regulations for on-campus thoroughfares.

These provisions are identical to provisions in HCS/SS/SCS/SB 600 (2020) and substantially similar to SB 729 (2020), HB 1282 (2020), to SB 129 (2019), HCS#2/HB 105 (2019), SB 1047 (2018) and HB 2495 (2018).

AUTOMATIC EXTERNAL DEFIBRILLATORS FOR CERTAIN ENTITIES (Sections 190.092, and 190.1005)

This act modifies provisions of the "Public Access to Automated External Defibrillator Act". Under current law, persons or entities that have acquired an automated external defibrillator are required to ensure that: (1) expected users receive training from the American Red Cross, American Heart Association, or other equivalent training course; (2) the defibrillator is maintained and tested according to the manufacturer's operational guidelines; (3) the user activates the emergency medical services system as soon as possible; and (4) person or entity placing a defibrillator outside of a health care facility has a physician review and approve the protocol and training.

This act repeals these provisions and requires that a person or entity who acquires an automated external defibrillator to do the following: (1) comply with all regulations governing placement of the defibrillator; (2) notify an agent of the local EMS agency of the existence, location, and type of all automated external defibrillators on the premises; (3) ensure that the defibrillator is maintained and tested to the manufacturer's guidelines; (4) ensure that testing of the defibrillator occurs at least twice a year and after each use; and (5) ensure that an inspection of all defibrillators on the premises is made every 90 days.

Currently, a person who gratuitously and in good faith renders emergency care through the use or provision of an automated external defibrillator shall not be held liable for any civil damages, unless he or she acted in a willful and wanton or reckless manner. This act extends this immunity to criminal penalties. Additionally, a person who or entity that provides training, owns the defibrillator, or is responsible for the site where the defibrillator is located shall likewise not be held liable. This act repeals such immunity for the person or entity that provided the clinical protocol for the sites or programs and for the licensed physician who reviews and approved the clinical protocol.

Finally, this act requires any training or course in cardiopulmonary resuscitation to include instruction in the proper use of an automated external defibrillator.

These provisions are identical to provisions in HCS/SS/SCS/SB 600 (2020) and similar to provisions in the truly agreed to and finally passed SS/SCS/HCS/HB 1682 (2020), SCS/SB 692 (2020), and SCS/HB 1383 (2020).

LICENSING OF PHYSICIANS ASSISTANTS (Sections 190.094, 190.100, 190.105, 190.142, 190.143, 190.196, & 190.243)

This act adds "physician assistant" or "assistant physician" to the list of staff for certain staffing requirements for ambulances.

This act provides that duly licensed physician assistants are exempt from mileage requirements and are not required to hold an emergency medical technician's license. This act also adds physician assistants to those who may supervise someone with a temporary emergency medical technician license.

These provisions are identical to provisions in HCS/SS/SCS/SB 600 (2020) and substantially similar to HCS/HB 2125 (2020).

MEDICAL MARIJUANA PATIENT INFORMATION (Section 191.255)

Under this act, no state agency or employee thereof shall disclose to the federal government or an unauthorized third party the statewide list or any individual information of persons who have applied for or obtained a medical marijuana card. Any violation of this provision is a Class E felony.

This provision is identical to a provision in HCS/SS/SCS/SB 600 (2020) and HCS/HB 1896 (2020).

SCHEDULES OF CONTROLLED SUBSTANCES (Sections 195.015 and 195.017)

Under this act, if a substance is designated, rescheduled, or deleted as a controlled substance under federal law, the Department of Health and Senior Services shall promulgate emergency rules to implement such change within 30 days of publication of the change in the Federal Register, unless the Department objects to such change. If the Department promulgates emergency rules under this act, the rules may remain in effect until the legislature concludes its next regular session following the imposition of the rules.

Additionally, this act updates the schedules of controlled substances in Missouri to mirror the most recent update to the schedules in 19 CFR 30-1.002 and further updates by the Drug Enforcement Agency in the Federal Register.

These provisions are identical to provisions in the truly agreed to and finally passed SS/SCS/HCS#2/HB 1896 (2020) and similar to provisions of HCS/SCS/SB 6 (2019) and SCS/SB 953 (2018).

PRESCRIPTIONS FOR PSEUDOEPHEDRINE AND RELATED DRUGS (Sections 195.417 and 579.060)

This act prohibits the requirement of a prescription for the dispensation, sale, or distribution of any drug containing any detectable amount of ephedrine, phenylpropanolamine, or psuedoephedrine, or any of their salts or optical isomers, or salts of optical isomers, in an amount within the limits set forth in law. A prescription shall be required for such drug in excess of the statutory limits. This provision shall not apply in any calendar year in which the state's methamphetamine laboratory seizure incidents, as reported by the Missouri State Highway Patrol, exceed 300 incidents for the most recent calendar year for which such data is reported and made publicly available.

This act also changes the amounts that can be sold, dispensed, or otherwise provided to a person in a 30-day period without a prescription from a maximum of 9 grams to a maximum of 7.2 grams.

These provisions are similar to provisions in the truly agreed to and finally passed SS/SCS/HCS#2/HB 1896 (2020) and SB 706 (2020).

MEDICAL MARIJUANA EDIBLES (Section 195.805)

This act prohibits the sale of edible marijuana-infused products that are designed, produced, or marketed in a manner to appeal to persons under 18 years of age, including candies, gummies, lollipops, cotton candy, or products in the shape of a human, animal, or fruit. Each individually wrapped edible marijuana-infused product containing any amount of tetrahydrocannabinols (THC) shall be stamped or the package or wrapping otherwise labeled with a diamond containing the letters "THC" and the number of milligrams of THC in that individually wrapped product.

Any medical marijuana licensed or certified entity regulated by the Department of Health and Senior Services found to have violated this act shall be subject to sanctions, including an administrative penalty. The Department shall develop a process by which a licensed or certified entity may seek approval of a product design, package, or label prior to manufacture or sale to determine compliance with these provisions.

This provision is similar to a provision in the truly agreed to and finally passed SS/SCS/HCS#2/HB 1896 (2020), the truly agreed to and finally passed SS/SCS/HCS#2/HB 1682 (2020), SCS/SB 764 (2020), the perfected SCS/SB 6 (2019), and SB 335 (2019).

MEDICAL MARIJUANA BACKGROUND CHECKS (Section 195.815)

The Department shall require all officers, managers, contractors, employees, and other support staff of licensed or certified medical marijuana facilities, and all owners of such facilities who will have access to the facilities or the facilities' supply of medical marijuana, to submit fingerprints to the Highway Patrol for a state and federal criminal background check. The Highway Patrol shall notify the Department of any criminal history record information or lack thereof discovered on the individual. All such records shall be accessible and available to the Department.

This provision is identical to provisions in HCS/SS/SCS/SB 600 (2020) , substantially similar to provisions in the truly agreed to and finally passed SS/SCS/HCS#2/HB 1896 (2020), the truly agreed to and finally passed SS/SCS/HCS/HB 1682 (2020), and SCS/SB 764 (2020).

This provision has an emergency clause.

CERTIFICATION OF JUVENILES (Sections 211.071, 211.438, and 211.439)

Under this act, if a person is charged with the offense of vehicle hijacking, and is between the ages of 12 and 18, then a mandatory hearing is conducted to determine if the case shall proceed in a juvenile court or a court of general jurisdiction.

Additionally, this act changes the effective date of certain "raise the age" statues from January 1, 2021, to January 1, 2022.

These provisions are identical to provisions in HCS/SS/SCS/SB 600 (2020) and HB 1873 (2020) and similar to SCS/SB 602 (2020), SB 561 (2020), SB 433 (2019), and SB 459 (2019).

EARLY PAROLE OF CERTAIN OFFENDERS OVER 65 YEARS (Section 217.697)

This act provides that any incarcerated offender 65 years or older who has no prior felony convictions of a violent nature, who is not a convicted sexual offender, who is serving a sentence of life without parole for a minimum of 50 years or more for an offense committed prior to October 1, 1984, shall receive a parole hearing upon serving 30 years or more of his or her sentence. The Parole Board must determine whether there is a reasonable probability that the offender will not violate the law upon release and therefore eligible for release based upon a finding that the offender meets specified criteria. This act requires any offender granted parole under these provisions to be placed on a minimum of five years supervision by the Division of Probation and Parole.

This provision is identical to a provision in HCS/SS/SCS/SB 600 (2020).

LIFETIME SUPERVISION FOR CERTAIN OFFENDERS (Section 217.735)

Under this act, if an offender subject to lifetime supervision in Missouri is supervised during the offender's probation, parole, or conditional release in a receiving state under the Interstate Compact for Adult Offender Supervision, such offender shall be permitted to remain in the receiving state following completion of probation, parole, or conditional release. The Parole Board shall defer to the standards of supervision of the receiving state, including electronic monitoring. If at any time the offender returns to Missouri for more than 30 consecutive days, the offender shall be subject to lifetime supervision.

These provisions are identical to provisions in HCS/SS/SCS/SB 600 (2020) and HB 1289 (2020).

OFFENSE OF UNLAWFUL USE OF UNMANNED AIRCRAFT OVER A CORRECTIONAL CENTER (Section 217.850)

Under this act, a person commits the offense of unlawful use of unmanned aircraft over a correctional center if he or she purposely:

    Operates an unmanned aircraft within a vertical distance of 400 feet over a correctional center's secure perimeter fence; or

    Allows an unmanned aircraft to make contact with a correctional center, including any person or object on the premises of or within the facility.

The act sets forth exceptions to when use of an unmanned aircraft over a correctional center shall not be prohibited.

The offense of unlawful use of an unmanned aircraft over a correctional center is punishable as an infraction unless the person using the unmanned aircraft is:

    Delivering a gun, knife, weapon, or other article that can be used to endanger the life of an offender or correctional center employee, in which case the offense is a class B felony;

    Facilitating an escape from confinement, in which case the offense is a Class C felony; or

    Delivering a controlled substance, in which case the offense is a Class D felony.

These provisions are identical to provisions in HCS/SS/SCS/SB 600 (2020) and SS/SCS/HB 1450 (2020) and HCS/HB 1898 (2020) and substantially similar to SCS/SB 602 (2020).

UNLAWFUL ITEMS IN A PRISON (Section 221.111)

Under this act, a person commits the offense of possession of unlawful items in a prison or jail if such person knowingly delivers or possesses a two-way telecommunications device in or on the premises of a correctional facility. Such a violation shall be a Class E felony. Exception is made for a non-inmate to possess such a device, provided that a refusal to surrender such a device at the request of a prison or jail official shall subject such person to a Class A misdemeanor.

This provision is identical to provisions in HCS/SS/SCS/SB 600 (2020) and HB 1296 (2020) and to a provision in SS#3/SCS/HB 113 (2019).

REGULATIONS FOR HUNTING FERAL HOGS (Section 270.400)

This act provides that a landowner may use a night-vision, infrared, or thermal imaging device while attempting to take or kill a feral hog on the landowner's property. This act repeals the provision that during firearms deer and turkey hunting season, the regulations of the Missouri Wildlife Code applies.

These provisions are identical to provisions in HCS/SS/SCS/SB 600 (2020) and HB 1292 (2020).

ST. LOUIS CITY EMPLOYEES (Section 285.040)

Under this act, no employee of St. Louis City shall be required to reside in St. Louis City as a condition of employment.

BOATING SAFETY IDENTIFICATION CARDS (Section 306.127)

Currently, a person or company that rents or sells vessels may issue a temporary boating safety identification card to an individual to operate a rented vessel or one that is being considered for sale. This provision expires on December 31, 2022.

This act extended the expiration date to December 31, 2032.

These provisions are identical to provisions in HCS/SS/SCS/SB 600 (2020) and HB 1935 (2020).

REAR-FACING CAR SEATS FOR CERTAIN CHILDREN (Section 307.179)

This act requires child restraint seats to be rear-facing for children under two years of age.

These provisions are identical to provisions in HCS/SS/SCS/SB 600 (2020) and HB 2199 (2020).

SALE OF ALCOHOL BY FELONY OFFENDERS (Sections 311.060, 311.660, and 313.220)

This act provides that the Supervisor of Liquor Control shall not prohibit a person from participating in the sale of alcohol solely on the basis of being found guilty of a felony offense.

This act repeals the provision requiring an employer that has a liquor license to report to the Division of Liquor Control within the Departmen