How HB 2637 changes current law

Compared against the Missouri Revised Statutes as published AI-generated reading aid — verify against the official bill.

This bill amends 28 section(s) of the Missouri Revised Statutes: Section 27.117, RSMo; Section 43.500, RSMo; Section 43.503, RSMo; Section 56.750, RSMo; Section 43.506, RSMo; Section 43.512, RSMo.

• Section 27.117, RSMo

  565.090,565.091,565.225,565.227,565.400,565.405,573.570or573.575,wheretheoffense occurred in more than one jurisdiction of the state. The prosecuting or circuit attorney may request any resource or capability of the attorney general when prosecuting such cases.

  amended

• Section 43.500, RSMo

  43.651 → 43.600

  amended

• Section 43.503, RSMo

  43.651 → 43.600

  amended

• Section 56.750, RSMo

  which The fingerprint cards shall be so constructed that the name of the juvenile should not be made available to the central repository. → under eighteen that class A or B , felony under chapter 566, or two felony offenses arising from distinctactscommittedwithinoneyearofeachother, Records of a juvenile who has been fingerprinted under this subsection shall be closed records as provided under section 610.120.

  amended

• Section 43.506, RSMo

  43.600

  amended

• Section 43.506, RSMo

  43.600 43.600

  amended

• Section 43.512, RSMo

  43.651 → 43.600

  amended

• Section 43.509, RSMo

  43.651 43.651 → 43.600 43.600

  amended

• Section 43.527, RSMo

  43.651 → 43.600 43.600

  amended

• Section 43.530, RSMo

  43.651 → 43.600

  amended

• Section 56.265, RSMo

  , other than in a chartered county, usingthefollowingschedule,whenapplicable. The assessed valuation factor shall be the amount thereof as shown for the year immediately preceding the year for which the computation is d prosecutor an associate ; For a part-time prosecutor: → as provided in this subsection prosecuting attorney of a charter, first, or second class county, or of a city not within a county, prosecuting attorney one hundred percent of a . For a full-time prosecuting attorney of a third or fourth class county, the prosecuting attorney shall receive compensation equal to one hundred percent of the compensation of an associate circuit judge or, upon approval by amajorityofthecountycommission,theprosecutingattorneyshallreceivecompensation equal to ninety-five percent of the compensation of a circuit judge. (3) Uponapprovalbyamajorityofthecountycommission,apart-timeprosecuting attorney shall receive compensation equal to between thirty and sixty percent of the compensation of an associate circuit judge. (4) Notwithstanding any other provision of this section to the contrary, no prosecuting attorney who has held the office of prosecuting attorney prior to January 1, 2027, shall have their compensation lowered by the implementation of the compensation procedures of this section, nor shall any prosecuting attorney have their compensation lowered during their tenure of office. Notwithstanding any other provision of law to the contrary, any county with a vacancyintheofficeofprosecutingattorneyformorethansixtydaysmayconsolidatewith one contiguous county with a sitting prosecuting attorney upon a unanimous vote of the county commissions of such counties to establish a cooperative regional prosecuting attorney'sofficeatanytime. Theprosecutingattorneyofthecontiguouscountyshallthen become the prosecuting attorney of that region for the remainder of that prosecuting attorney'stermofofficeoruntilsuchtimeasthegovernorappointsaprosecutingattorney

  amended

• Section 105.030, RSMo

  prosecuting attorneys shall be designated as full-time prosecuting attorneys and shall be compensatedinthemannerprovidedundertheprovisionsofsubdivision(2)ofsubsection 1 of this section. No two counties that each have sitting prosecuting attorneys shall be permitted to consolidate in the manner described in this section. 8. Prosecutorial Services Grant Fund", which shall consist of moneys appropriated by the general assembly. (2) The state treasurer shall be custodian of the fund. In accordance with sections 30.170 and 30.180, the state treasurer may approve disbursements. The fund shall be a dedicated fund and, upon appropriation, moneys in this fund shall be used solely as provided in this section and shall be allocated to counties of the third and fourth classification on the basis of need in order for such counties to be in compliance with the prosecuting attorney compensation provisions of this section. (3) Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund. (4) Thestatetreasurershallinvestmoneysinthefundinthesamemannerasother fundsareinvested. Anyinterestandmoneysearnedonsuchinvestmentsshallbecredited to the fund.

  amended

• Section 57.540, RSMo

  ,whichsaidattorneyshall beknownas"sheriff'sattorney",andwhoshallreceiveascompensationforhisservicesassuch sheriff's attorney a sum of not less than three thousand dollars and not more than fifteen thousand dollars per annum, payable in semimonthly installments → 1. . The sheriff shall set the compensation for an attorney hired pursuant to this section and such compensation shall be paid 2. The attorney employed by a sheriff pursuanttosubsection1ofthissectionshall be employed at the pleasure of the sheriff.

  amended

• Section 211.021, RSMo

  means means means means (5) means (6) means → , the following terms shall mean , , , "Juvenile detention facility", a place for the temporary care of a juvenile in judicial custody in a proceeding under subdivision (2) or (3) of subsection 1 of section 211.031 and includes a place that is physically confining, but does not include a jail or other adult detention facility unless the juvenile is seventeen years of age or older or unless the juvenile detention facility is operated, administered, and staffed separatelyandindependentlyofajailorotheradultdetentionfacilityand used exclusively for the lawful custody and treatment of juveniles. A juveniledetentionfacilitymaybelocatedinthesamebuildingorgrounds as a jail or other adult detention facility if there is spatial separation between the facilities which prevents haphazard or accidental contact betweenjuvenileandadultdetainees;thereisseparationbetweenjuvenile and adult program activities; and there are separate juvenile and adult staff other than specialized support staff who have infrequent contact with detainees. The facility may be owned or operated by public or private agencies; (5) , (6) , (7) ,

  amended

• Section 211.021, RSMo

  means means means (5) means means → , the following terms shall mean , , , "Juvenile detention facility", a place for the temporary care of a juvenile in judicial custody in a proceeding under subdivision (2) or (3) of subsection 1 of section 211.031 and includes a place that is physically confining, but does not include a jail or other adult detention facility unless the juvenile is eighteen years of age or older or unless the juvenile detention facility is operated, administered, and staffed separately and independently of a jail or other adult detention facility and used exclusively for the lawful custody and treatment of juveniles. A juvenile detention facility may be located in the same building or grounds as a jail or other adult detention facility if there is spatial separationbetweenthefacilitieswhichpreventshaphazardoraccidentalcontactbetween juvenile and adult detainees; there is separation between juvenile and adult program activities; and there are separate juvenile and adult staff other than specialized support staff who have infrequent contact with detainees. The facility may be owned or operated by public or private agencies; (5) (6) , ⟦/"Shelter care" ⟦INS⟧ ,

  amended

• Section 211.071, RSMo

  (1) class A or B , felony under chapter 566, or three felony offenses arising from distinct acts committed within one hundredeightydaysofeachother, the office of the prosecuting or circuit attorney, atwhichtheprosecutingorcircuitattorneymaypresentevidence if the prosecuting or circuit attorney filed the petition, (2) The moving party shall be solely responsible for all duties enumerated under this section. If the juvenile officer forwards to the prosecuting or circuit attorney a class A or B felony that is not certified bythejuvenileofficer,theprosecutingorcircuitattorneyshallnotifythe juvenile officer within fourteen days of the decision to certify the case.

  amended

• Section 211.111, RSMo

  may have access to → shall or circuit be provided , a copy of the completed Missouri Juvenile Detention Assessment Form (JDTA) or similar form that was used in determining detention,

  amended

• Section 211.031, RSMo

  7. 8. 9. 10 10. 11. → or circuit Any sanction recommended as a result of the JDTA shall be used as a guideline and shall not be mandatory. In every incident, the juvenile officer shall consider legally sufficientchargessubmittedbya lawenforcement agency when utilizing the JDTA form to determine whether or not to detain a child and shall provide a copy of that completed JDTA form to the law enforcement agencyonceadeterminationhasbeenmade. Forpurposesofthissection, the term "legally sufficient" means a reasonable belief with articulable facts that a crime has been or is being committed based on the totality of the circumstances. 7. Notwithstanding any other provision of law or the Missouri supremecourtoperatingrulestothecontrary,lawenforcementagencies who detain juveniles for offenses where fingerprinting is required, shall collect fingerprints and forward detention information to the central repository, in a manner prescribed by the central repository. The juvenile officer and court of jurisdiction over the juvenile offender shall report all adjudication, delinquency, and custody information to the central repository, in a manner prescribed by the central repository. All information reported under this section shall be available to criminal justice agencies for the administration of criminal justice under section 43.500 through the Missouri Uniform Law Enforcement System (MULES). Suchrecordsmaintainedbythecentralrepositoryunderthis subsection shall be closed pursuant to section 610.120. 8. 9. 10. 11. 12 12. 13.

  amended

• Section 211.071, RSMo

  (1) class A or B , felony under chapter 566, or three felony offenses arising from distinct acts committedwithinonehundredeightydaysofeachother, the office of the prosecuting orcircuitattorney, atwhichtheprosecuting or circuit attorney may present evidence if the prosecuting or circuit attorney filed the motion, (2) The moving party shall be solely responsible for all duties enumerated under this section. If the juvenile officer forwards to the prosecuting or circuit attorney a class AorBfelonythatisnotcertifiedbythejuvenileofficer,theprosecutingorcircuitattorney shall notify the juvenile officer within fourteen days of the decision to certify the case. Should certification be sought, the prosecuting attorney shall haveno more than fourteen days to file such motion.

  amended

• Section 211.111, RSMo

  ⟦ have access to → shall or circuit be provided , a copy of the completedMissouriJuvenileDetentionAssessmentForm(JDTA)orsimilarformthatwas used in determining detention,

  amended

• Section 211.031, RSMo

  8. → orcircuit AnyrecommendationasaresultoftheJDTAshallbeusedasaguidelineandshall not be mandatory. In every incident, the juvenile officer shall consider legally sufficient charges submitted by a law enforcement agency when utilizing the JDTA form to determine whether or not to detain a child and shall provide a copy of that completed JDTA form to the law enforcement agency once a determination has been made. For purposes of this section, the term "legally sufficient" means a reasonable belief with articulable facts that a crime has been or is being committed based on the totality of the circumstances. 7. Notwithstanding any other provision of law or the Missouri supreme court operatingrulestothecontrary,lawenforcementagencieswhodetainjuvenilesforoffenses where fingerprinting is required, shall collect fingerprints and forward detention information to the central repository, in a manner prescribed by the central repository. The juvenile officer and court of jurisdiction over the juvenile offender shall report all adjudication,delinquency,andcustodyinformationtothecentralrepository,inamanner prescribed by the central repository. All information reported under this section shall be available to criminal justice agencies for the administration of criminal justice under section 43.500 through the Missouri Uniform Law Enforcement System (MULES). Such recordsmaintainedbythecentralrepositoryunderthissubsectionshallbeclosedpursuant to section 610.120. 8. 9. 10. 11. 12 12. 13.

  amended

• Section 211.319, RSMo

  All juvenile court proceedings conducted pursuant to subdivision (3) of subsection 1 of section 211.031 shall not be open to the general public. 6.

  amended

• Section 211.331, RSMo

  the city of St. Louis commission, or, where there is no county commission, such other authorized for children coming within the provisions of this chapter commission or other authorized commission or other of the county → any city not within a county governing juvenile or juvenile detention facility governing juvenile orjuveniledetentionfacility juvenile orjuveniledetentionfacility

  amended

• Section 211.331, RSMo

  the city of St. Louis commission, or, where there is no county commission, such other authorized , for children coming within the provisions of this chapter of the county → any city not within a county governing juvenile or juvenile detentionfacility governing juvenile orjuveniledetentionfacility juvenile or juvenile detention facility

  amended

• Section 211.341, RSMo

  Counties of the third and fourth classes within one judicial circuit, shall, circuit circuit him circuit 2. Circuit judges of any two or more adjoining judicial circuits after a hearing as provided in subsection 1 may, by agreement confirmed by judicial order, and circuit 3. → presiding or upon written notice from the county governing body to the presiding judge of approval of ordinances, orders, or resolutions authorizing a juvenile detention facility by all countieswithinthatjudicialcircuitandtheagreementprovidedinsection 211.342,countiesofthethirdandfourthclasseswithinonejudicialcircuit shall or juvenile detention facility 2. presiding provided in subsection 1 of this section thejudge juvenile or juvenile detention facility 3. juvenile or juvenile detentionfacility juvenile or juvenile detention facilities or juvenile detention facility presiding or pursuant to an agreement established by section 211.342 4. after a hearing as provided in subsection 2 of this section, the presiding judges of any two or more adjoining judicial circuit may or juvenile detention facility , by agreement confirmed by judicial order presiding juvenile orjuveniledetentionfacility of this section 5. or juvenile detention facility

  amended

• Section 211.341, RSMo

  Counties of the third and fourth classes within one judicial circuit, shall, circuit that him circuit 2. Circuit judges of any two or more adjoining judicial circuits after a hearing as provided in subsection 1 may, by agreement confirmed by judicial order, and → presiding a or upon written notice from the county governing body to the presiding judge of approval of ordinances, orders, or resolutions authorizing a juvenile detention facility by all counties within that judicial circuit and the agreement provided in section 211.342, counties of the thirdandfourthclasseswithinonejudicialcircuitshall or juvenile detention facility 2. provided in subsection 1 of this section the judge juvenile or juvenile detention facility 3. juvenile or juvenile detention facility juvenile or juvenile detentionfacilities or juvenile detention facility presiding orpursuanttoanagreementestablished by section 211.342 4. afterahearingasprovidedinsubsection2ofthissection,the presiding judges of any two or more adjoining judicial circuits may or juvenile detention facility , by agreement confirmed by judicial order presiding juvenile orjuveniledetention facility of this section 5. or juvenile detention facility

  amended

• Section 211.342, RSMo

  juvenile detention facility to serve the judicial circuit. (2) The governing body of each county desiring to coordinate a juvenile detention facility under this subsection shall approve an ordinance, order, or resolution authorizing a juvenile detention facility within one of the counties and shall approve an agreement between all counties within the same judicial circuit, as specified by subsection 4 of this section. 2. (1) Incoordinationwitheachother,thegoverningbodiesofthe counties in adjoining judicial circuits may establish a juvenile detention facility to serve the judicial circuits. (2) The governing body of each county desiring to coordinate a juvenile detention facility under this subsection shall approve an ordinance, order, or resolution authorizing a juvenile detention facility within one of the counties and shall approve an agreement between all counties within each judicial circuit, as specified by subsection 4 of this section. 3. The governing body of each county desiring to coordinate a juvenile detention facility under subsection 1 or 2 of this section shall notifythepresidingjudgeofthejudicialcircuitoreachjudicialcircuitof theauthorizationofajuveniledetentionfacility. Thenoticeshallinclude the authorizing ordinance, order, or resolution of each county and the approved agreement, as specified in subsection 4 of this section. 4. The agreement that specifies the duties of each county shall contain the following: (1) The total cost of establishment and operation of the places of detention; (2) The prorated formula for the calculation of each county's contributiontothecostsofajuveniledetentionfacilitybaseduponaratio of the respective populations of the counties; (3) The methods and powers that may be used for constructing, leasing, or financing a juvenile detention facility; (4) The use of the sales tax as authorized by subsection 6 of this section; and (5) Thepointoflocationoftheplaceofjuveniledetentionfacility. 5. Subsection 3 and 4 of section 211.331 shall apply to a juvenile detentionfacilityauthorizedpursuanttothissection. Theoperationand supportofajuveniledetentionfacilityauthorizedpursuanttothissection shall be regulated in accordance with the rules and standards of the Missouri supreme court under the governance of the presiding judge of the judicial circuit. If the counties of adjoining judicial circuits have authorized a juvenile detention facility pursuant to this section, the presiding judges shall jointly govern the affairs of the juvenile detention facility. 6. (1) The counties authorizing a juvenile detention facility pursuant to this section may impose, by order, a sales tax up to one percent on all retail sales made in such counties which are subject to taxation pursuant to the provisions of sections 144.010 to 144.525 for the purpose of providing a juvenile detentionfacility. Thetaxauthorizedby thissectionshallbeinadditiontoanyandallothersalestaxesallowedby law, except that no order imposing a sales tax pursuant to this section shall be effective unless the governing body, for each county in the judicial circuit or circuits submits to the voters of the county, on any election date authorized in chapter 115, a proposal to authorize the governing body of the county to impose a tax. (2) Theballotofsubmissionshallcontain,butneednotbelimited to, the following language: Shall the (counties' names) impose a region- wide sales tax of ______ (insert amount) for the purpose of providing a juvenile detention facility within in the jurisdiction of (judicial circuit's name or judicial circuits' name)? YES NO If you are in favor of the question, place an "X" in the box opposite "YES". If you are opposed to the question, place an "X" in the box opposite "NO". If a majority of the votes cast on the proposal by the qualified voters of thecountyvotingthereonareinfavoroftheproposal,thentheorderand any amendment to such order shall be in effect on the first day of the second quarter immediately following the electio

  amended

• Section 211.342, RSMo

  pleaded → the judicial circuit. (2) The governing body of each county desiring to coordinate a juvenile detention facilityunderthissubsectionshallapproveanordinance,order,orresolutionauthorizing a juvenile detention facility within one of the counties and shall approve an agreement between all counties within the same judicial circuit, as specified by subsection 4 of this section. 2. (1) In coordination with each other, the governing bodies of the counties in adjoining judicial circuits may establish a juvenile detention facility to serve the judicial circuits. (2) The governing body of each county desiring to coordinate a juvenile detention facilityunderthissubsectionshallapproveanordinance,order,orresolutionauthorizing a juvenile detention facility within one of the counties and shall approve an agreement betweenallcountieswithineachjudicialcircuit,asspecifiedbysubsection4ofthissection. 3. The governing body of each county desiring to coordinate a juvenile detention facilityundersubsection1or2ofthissectionshallnotifythepresidingjudgeofthejudicial circuit or each judicial circuit of the authorization of a juvenile detention facility. The noticeshallincludetheauthorizingordinance,order,orresolutionofeachcountyandthe approved agreement, as specified in subsection 4 of this section. 4. The agreement that specifies the duties of each county shall contain the following: (1) The total cost of establishment and operation of the places of detention; (2) The prorated formula for the calculation of each county's contribution to the costsofajuveniledetentionfacilitybaseduponaratiooftherespectivepopulationsofthe counties; (3) The methods and powers that may be used for constructing, leasing, or financing a juvenile detention facility; (4) The use of the sales tax as authorized by subsection 6 of this section; and (5) The point of location of the place of a juvenile detention facility. 5. Subsections 3 and 4 of section 211.331 shall apply to a juvenile detention facility authorized pursuant to this section. The operation and support of a juvenile detention facility authorized pursuant to this section shall be regulatedin accordance with the rules andstandardsoftheMissourisupremecourtunderthegovernanceofthepresidingjudge of the judicial circuit. If the counties of adjoining judicial circuits have authorized a juveniledetentionfacilitypursuanttothissection,thepresidingjudgesshalljointlygovern the affairs of the juvenile detention facility. 6. (1) Thecountiesauthorizingajuveniledetentionfacilitypursuanttothissection mayimpose,byorder,asalestaxuptoonepercentonallretailsalesmadeinsuchcounties which are subject to taxation pursuant to the provisions of sections 144.010 to 144.525 for the purpose of providing a juvenile detention facility. The tax authorized by this section shall be in addition to any and all other sales taxes allowed by law, except that no order imposing a sales tax pursuant to this section shall be effective unless the governing body, foreachcountyinthejudicialcircuitorcircuitssubmitstothevotersofthecounty,onany election date authorized in chapter 115, a proposal to authorize the governing body of the county to impose a tax. (2) The ballot of submission shall contain,but need not be limited to, the following language: Shall the (counties' names) impose a region-wide sales tax of ______ (insert amount) for the purpose of providing a juvenile detention facility within the jurisdiction of (judicial circuit's name or judicial circuits' names)? YES NO If you are in favor of the question, place an "X" in the box opposite "YES". If you are opposed to the question, place an "X" in the box opposite "NO". If a majority of the votes cast on the proposal by the qualified voters of the county voting thereonareinfavoroftheproposal,thentheorderandanyamendmenttosuchordershall be in effect on the first day of the second quarter immediately following the election approving the proposal. If the proposal receives less than the required majority, the govern

  amended

• Section 556.061, RSMo

  5. An offender's first incarceration in a department of corrections program pursuant to this section prior to release on probation shall not be considered a previous prison commitment for the purpose of determining a minimum prison term pursuant to the provisions of section 558.019.

  amended

• Section 217.362, RSMo

  pleaded → pled

  amended

• Section 556.061, RSMo

  5. An offender's first incarceration in a department of corrections program pursuant to this section prior to release on probation shall not be considered a previous prison commitment for the purpose of determining a minimum prison term pursuant to the provisions of section 558.019.

  amended

• Section 565.033, RSMo

  4 → 7

  amended

• Section 536.028, RSMo

  17. Whenconcurrentsentencesareimposedbyacourt,theperson shall serve the minimum required percentage for the longest sentence prior to parole eligibility.

  amended

• Section 565.033, RSMo

  7

  amended

• Section 536.028, RSMo

  17. When concurrent sentences are imposed by a court, the person shall serve the minimum required percentage for the longest sentence prior to parole eligibility.

  amended

• Section 217.760, RSMo

  circuit 7 → sentencing 1

  amended

• Section 217.760, RSMo

  circuit → sentencing 1

  amended

• Section 455.050, RSMo

  cyberstalking, cyberstalking,

  amended

• Section 455.523, RSMo

  151, et seq. → Communications Act of 1934 332

  amended

• Section 455.098, RSMo

  restrainingorenjoiningthedefendantfromcontactingthevictimifthedefendanthasbeen

  amended