McCLELLAND, DAVIS (63), FRASER, KASTEN, DOUGHERTY, OSTMANN (Co-sponsors),
HAGAN-HARRELL, KENNEDY, BARRY, RELFORD, BRAY, BOUCHER, HOSMER, SHELTON,
SCHILLING, BOYKINS, LAKIN, HOLLINGSWORTH, GAMBARO, MONACO, WILLIAMS (121),
THOMPSON (72), DAYS, WILSON (42), BRITT, HAMPTON, KELLY (27), BACKER, CAMPBELL,
RILEY, FRANKLIN, FITZWATER AND MAYS (50).
Read 1st time January 20, 2000, and 1000 copies ordered printed.
ANNE C. WALKER, Chief Clerk
AN ACT
To repeal sections 491.060 and 544.170, RSMo 1994, relating to witnesses and detention periods, and to enact in lieu thereof two new sections relating to the same subject.
Section A. Sections 491.060 and 544.170, RSMo 1994, are repealed and two new sections enacted in lieu thereof, to be known as sections 491.060 and 544.170, to read as follows:
491.060. The following persons shall be incompetent to testify:
(1) A person who is mentally incapacitated at the time of his or her production for examination;
(2) A child under ten years of age, who appears incapable of receiving just impressions of the facts respecting which the child is examined, or of relating them truly; provided, however, that except as provided in subdivision (1) of this section, a child under the age of ten who is alleged to be a victim of an offense pursuant to chapter 565, 566 or 568, RSMo, shall be considered a competent witness and shall be allowed to testify without qualification in any judicial proceeding involving such alleged offense. The trier of fact shall be permitted to determine the weight and credibility to be given to the testimony;
(3) An attorney, concerning any communication made to the attorney by such attorney's client in that relation, or such attorney's advice thereon, without the consent of such client;
(4) Any person practicing as a minister of the gospel, priest, rabbi or other person serving in a similar capacity for any organized religion, concerning a communication made to him or her in his or her professional capacity as a spiritual advisor, confessor, counselor or comforter;
(5) A physician licensed pursuant to chapter 334, RSMo, a chiropractor licensed pursuant to chapter 331, RSMo, a licensed psychologist or a dentist licensed pursuant to chapter 332, RSMo, concerning any information which he or she may have acquired from any patient while attending the patient in a professional character, and which information was necessary to enable him or her to prescribe and provide treatment for such patient as a physician, chiropractor, psychologist or dentist or;
(6) A paid or unpaid worker in a shelter for victims of domestic violence, as defined in section 455.200, RSMo, concerning any information which he or she may have acquired from any person while acting in his or her capacity as a shelter worker; except that the privilege provided by this subdivision may be waived upon such person's written authorization.
544.170. 1. Except as otherwise provided for in subsection 2 of this section, all persons arrested and confined in any jail, calaboose or other place of confinement by any peace officer, without warrant or other process, for any alleged breach of the peace or other criminal offense, or on suspicion thereof, shall be discharged from [said] such custody within twenty hours from the time of such arrest, unless they shall be charged with a criminal offense by the oath of some credible person, and be held by warrant to answer to such offense; and every such person shall, while so confined, be permitted at all reasonable hours during the day to consult with counsel or other persons in his or her behalf; and any person or officer who shall violate the provisions of this section, by refusing to release any person who shall be entitled to such release, or by refusing to permit him or her to see and consult with counsel or other persons, or who shall transfer any such prisoner to the custody or control of another, or to another place, or prefer against such person a false charge, with intent to avoid the provisions of this section, shall be deemed guilty of a misdemeanor.
2. Notwithstanding the provisions of subsection 1 of this section to the contrary, the detention period provided for
in subsection 1 of this section shall be a minimum of eight but not more than thirty-six hours from the time of
arrest for any person arrested for an alleged breach of the peace or other criminal offense involving domestic
violence, or on suspicion thereof, but only if domestic violence is alleged at the time of arrest. The detention period
may exceed twenty hours in limited circumstances only. Such limited circumstances shall include, but not be
limited to, detentions that occur during the weekend or on holidays.
Missouri House of Representatives