Track Other Current Relevant Clery/Title IX Legislation

CLERY RELEVANT BILLS THAT ARE NOW LAW IN 2016

• STALKING - 565.225  (SB 590 formerly attached to SB656)
• UNLAWFUL USE OF WEAPONS - 571.030 (SB656) overridden in veto session 9/14/16
• HIGHER EDUCATION MEMORANDA OF UNDERSTANDING (Section 173.2050) (SB 921

           formerly attached to HB1678)

• MARIJUANA POSSESSION (Section 579.015) (HB2332 formerly attached to SB656)

OTHER BILLS OF INTERST IN 2016

• BODY CAMERAS(SB732) for Law Enforcement Agencies that use them

Summary of Missouri Senate Bills 2016

(Clery/Title IX)

SB 663 - Dixon

Modifies provisions related to criminal offenses

Relevant section

MINORS AND ALCOHOL - 311.310 & SECTION B

Under current law, it is a Class B misdemeanor for a property owner to knowingly allow a person under the age of 21 to drink or possess intoxicating liquor or fail to stop a minor from drinking or possessing liquor. This act makes the offense a Class A misdemeanor. Any subsequent violation is a Class E felony.

This provision takes effect January 1, 2017.

This provision is identical to SB 614 (2016) and SCS/SB 30 (2015).

STALKING - 565.225

This act adds the act of knowingly accessing, or attempting to access, the address of a participant of the address confidentiality program administered by the Secretary of State to the elements of aggravated stalking.

Beginning in 2017, as a result of SB 491 (2014), aggravated stalking will be known as stalking in the first degree. This act also adds the act of knowingly accessing, or attempting to access, the address of a participant of the address confidentiality program to the elements of first degree stalking.

This provision is identical to SB 886 (2016) and a provision of SS/SCS/SB 590 (2016) and SS/SCS/SBs 112, 212, 143, & 234 (2015) and is similar to SB 710 (2014).

MARIJUANA POSSESSION - 579.015

Beginning in 2017, the possession of more than 10 grams but less than 36 grams of marijuana or synthetic cannabinoid is a Class A misdemeanor. This act provides that more than 10 grams but 35 grams or less of marijuana or synthetic cannabinoid is a Class A misdemeanor.

This provision is identical to a provision of SS/SCS/SB 590 (2016).

SB 626 – Nasheed

Relating to higher education requirements regarding affirmative consent to sexual activity

Weapons

SB 589 – Dixon

Relating to the carrying of concealed firearms at higher education institutions

SB 731 – Munzlinger

Removes the current ban on carrying concealed firearms in higher education institutions, but allows institutions to ban concealed firearms under certain conditions

SB 732 Modifies numerous provisions relating to public safety

MOBILE VIDEO RECORDINGS (SECTION 610.100)

Mobile video recordings from a law enforcement vehicle or a device carried by a law enforcement officer that includes a camera and recording capability are considered a closed record until the investigation becomes inactive. A mobile video recording in a nonpublic location may be closed, except that any person depicted in the recording or certain other persons may obtain a complete, unaltered and unedited copy of the recording upon written request.

The act adds legal guardians or parents of a minor as being able to obtain closed investigative or mobile video records in the same way that any person could obtain such records.

Any person may bring an action to authorize disclosure of a mobile video recording and the court may order that all or part of the recording be released to the person. In making its determination on release, the court shall consider factors outlined in the act, including the benefit to the public as opposed to the harm to the public, to the law enforcement agency or its officers, or to any person identified in the recording. The mobile video recording may be examined by the court in its chambers. If disclosure of either a mobile video recording or an investigative report is authorized, the court may make any order that justice requires and set forth conditions for or limitations on the disclosure as authorized in the act.

The act provides that any person who requests and receives a mobile video recording that was recorded in a nonpublic location is prohibited from displaying or disclosing the recording without first affording any non-law enforcement person whose image or sound is contained in the recording the opportunity to seek a court order enjoining all or some of the display or disclosure. Any person who fails to comply with this provision is subject to damages in a civil action.

Summary of Missouri House of Representatives Bills 2015

Sexual Misconduct Related (Clery/Title IX)

HB1678 Solon, Sheila  HB 1678 1/7/2016

(H) 4824H.01I - Requires public institutions of higher education to implement memorandums of understanding with law enforcement with respect to sexual assaults on campus

HB2204 Newman, Stacey HB 2204 1/14/2016

 (H) 5050H.01I - Establishes the Enough is Enough Act regarding college sexual assault policies

Other  Campus Police and Safety Related Bills

HB 1401 Conway, Kathie

Allows community college police officers to establish regulations to control vehicular traffic on any thoroughfare owned or maintained by the college(LR# 4504H.01I)

Summary of Bills in 2015 Missouri Legislature Relevant to the Clery Act

(Only SB 321 passed during the 2015 regular legislative session)

SB 321 "Protection Orders For Sexual Assault Victims"

The bill allows sexual assault survivors with no family or household relationship to an offender to obtain a protection order. This change includes both Adult and Child Orders of Protection. SB 321 also updates the definition of sexual assault in protection order laws to include a lack of consent, to mirror changes in Missouri rape laws passed two years ago. The bill also contains a clarification of the definition of stalking in the protection order statutes.

Missouri House  2015 House Bill List

Murder

• HB 156 Gardner, Kimberly

Changes the laws regarding penalties for first degree murder when the person is under 18 years of age at the time the offense was committed (LR# 0209L.01I)

Robbery

• HB 1299 Gardner, Kimberly

Allows the court to waive the mandatory minimum prison term for robbery in the first degree under certain circumstances (LR# 0204L.02I)

Burglary

• HB 797 Kolkmeyer, Glen

Modifies the crime of burglary (LR# 1918H.01I)

Alcohol

• HB 180 Cookson, Steve

Increases the penalty for knowingly allowing a minors to drink or possess alcohol or failing to stop a minor from drinking or possessing alcohol (LR# 0655L.02I)

• HB 1325 Neely, Jim

Prohibits the use or sale of powdered alcohol (LR# 2690H.01I)

• HB 1329 Pike, Patricia

Prohibits the use or sale of powdered alcohol (LR# 2689H.01I)

Drugs

• HB 28  Kratky, Michele

Modifies the crime of unlawful use of weapons by changing possession of a firearm while also "knowingly" in possession of a controlled substance to "illegally" in possession of a controlled substance(LR# 0156L.01I)

• HB 201  Morris, Lynn

Changes the laws regarding the sale and possession of controlled substances (LR# 0785L.01I)

• HJR 15 Ellington, Brandon

Proposes a constitutional amendment legalizing marijuana use for persons 21 years of age or older (LR# 0689L.01I)

Weapons

• HB 1061  Brown, Wanda

Changes the definition of "knife" for purposes of Chapter 571, weapons offenses (LR# 2266L.01I)

VAWA Related (Sexual assault, domestic violence, dating violence, and stalking)

• HB 412 Peters, Joshua

Requires the governing boards of institutions of higher education to adopt policies concerning sexual assault, domestic violence, dating violence, and stalking in order to receive state funds for student aid(LR# 1117L.01I)

• HB 418 Newman, Stacey

Changes the laws regarding domestic violence (LR# 0853L.01I)

• HB 492  McCreery, Tracy

Prohibits certain individuals from possessing a firearm due to domestic violence and requires police officers to remove firearms at the scene of a domestic violence call(LR# 1242L.01I)

• HB 595 Anders, Ira

Requires public institution of higher education staff members to report alleged sexual assault and misconduct cases directly to local law enforcement and to cooperate in any subsequent investigation (LR# 1229H.01I)

• HB 646  Newman, Stacey

Establishes gun violence restraining orders and gun violence seizure warrants, and prohibits certain persons involved in domestic violence for possessing a firearm(LR# 1167L.01I)

Missouri Senate 2015 Senate Bill List

Murder

• SB 200 Dixon

Modifies provisions related to first degree murder

• SB 158 Schaefer

Adds a statutory aggravating circumstance for murder in the first degree for certain acts of terrorism

Alcohol

• SB 30 Cunningham

Increases the penalty for knowingly allowing a minors to drink or possess alcohol or failing to stop a minor from drinking or possessing alcohol

• SB 31 Cunningham

Modifies provisions relating to controlled substances and requires probation and parole officers to arrest people suspected of violating their conditions of release

Drugs

• SB 560 Chappelle-Nadal

Allows a person to possess up to one ounce of marijuana and provides a licensure process for retail marijuana stores, cultivation facilities, and products manufacturers

VAWA Related (Sexual assault, domestic violence, dating violence, and stalking)

• SB 212 Walsh

Adds an element to the crime of aggravated or first degree stalking

• SB 321 Hegeman

Creates the offense of unlawful contact with a victim of a sexual offense

Other Current Relevant Title IX & Clery Legislation

S. 590: Campus Accountability and Safety Act (CASA)

H.R. 2680: Halt Campus Sexual Violence Act

H.R. 3403: Safe Campus Act of 2015

Progress updates for the Senate committee's HEA work can be found here, and for the House committee, here.