SS SCS HCS HB 583 -- CRIME VICTIMS

This bill changes the laws regarding the rights of victims of
domestic violence and sexual assault.

MEDICAL EXAMINATIONS

The Department of Health and Senior Services is required to pay
for forensic examinations of certain victims of sexual offenses.
The medical provider performing the exam must file a report of
the exam with the prosecuting attorney within three business days
of its completion.  The Attorney General is required to develop
the forms and procedures for gathering evidence during forensic
exams, and the department will develop a checklist for medical
providers to use while providing treatment to victims.  The State
Highway Patrol must develop evidentiary collection kits for the
forensic examination of sexual assault victims and distribute the
kits to medical providers who perform the exams.  No medical
provider can charge a victim for the exam; but if the victim is
eligible for moneys from the Crime Victims' Compensation Fund,
the provider may seek compensation from the fund.

PROBATION AND PAROLE

The Board of Probation and Parole within the Department of
Corrections must grant parole to any inmate who was convicted of
the homicide of a spouse or domestic partner and has served 15
years of his or her sentence if the board determines the inmate
will not violate the law in the future.  In order to be eligible,
the inmate must have pled guilty or begun his or her trial prior
to December 31, 1990; must have had no prior violent felony
convictions; must no longer have a cognizable legal claim; and
must have a history of being a victim of continual and
substantial physical or sexual domestic violence that was not
presented as an affirmative defense at trial or sentencing and is
corroborated with evidence of facts or circumstances which
existed at the time of the alleged violence.  A person will be
guilty of perjury, a class C felony, for knowingly making false
witness statements to the board.  In cases where witness
statements are conflicting as to whether the domestic violence
occurred or was substantial and continual in nature, the history
must be established by other corroborative evidence in addition
to witness statements.  A contradictory statement of the victim
must not be deemed to be a conflicting statement.

MINOR'S ABILITY TO CONTRACT

Individuals 16 to 17 years of age who are homeless,
self-supporting, and whose parents have given implied or express
consent can enter into a contract to receive services as a victim
of domestic and sexual violence including, but not limited to,
counseling, court advocacy, financial assistance, and other
advocacy services.

RAPE CRISIS CENTERS

Rape crisis centers and their employees or volunteers are
required to maintain confidentiality of information that would
identify individuals served by the center and any information
directly related to their services.  Prior to providing advocacy
services, the center must inform the individuals they serve of
the nature and scope of the confidentiality requirements.  An
employee or volunteer of a rape crisis center cannot be required
to testify concerning any confidential information unless waived
by the individual served.

ORDERS OF PROTECTION

The bill requires the circuit clerk to notify by phone an
individual who is petitioning for an ex parte order of protection
when the order has been served or if no more attempts to serve
are planned if the petitioner has opted to register a phone
number with the victim notification system established in
Section 650.310, RSMo.  All attempts to serve orders of
protection must be tracked by the agency responsible for serving
the order.

VICTIMS OF CHILD PORNOGRAPHY

Beginning August 28, 2007, a child that was a victim of sexual
exploitation or child pornography and who suffered physical or
mental injury or illness as a result of the crime is entitled to
civil litigation to recover actual and civil costs.  All
litigation must be filed by the time the child reaches 31 years
of age or within three years of the date the victim discovers his
or her mental or physical injury, whichever occurs later.

DOMESTIC ASSAULT

A person who commits domestic assault in the first degree will be
guilty of a class A felony if he or she has previously pled
guilty to or has been found guilty of committing the crime.
Currently, this crime is a class B felony unless the person
inflicts serious physical injury on the victim, in which case it
is a class A felony.

SEXUAL ASSAULT VICTIMS

Victims of sexual assault or forcible rape will not be required
to take polygraph tests or psychological stress evaluator exams
as a condition for proceeding with a criminal investigation.
After August 28, 2007, information in court records that could be
used to identify any victim of sexual assault, domestic assault,
stalking, or forcible rape will be closed.  Identifying
information includes the name, address, telephone number, Social
Security number, physical characteristics, or any other
information that the court believes could be used to locate a
victim.

ADDRESS CONFIDENTIALITY PROGRAM

The Address Confidentiality Program is established, administered
by the Office of the Secretary of State, to protect victims of
domestic violence, rape, sexual assault, or stalking by
establishing a designated address for victims and their minor
children.  An adult, parent of a minor, or guardian of an
incapacitated person can apply to the Secretary of State to have
a designated address assigned.  The application must contain
certain information, including the person's mailing address, the
applicant's signature, and a designation of the Secretary of
State as agent for the purpose of service of process and receipt
of first-class mail, legal documents, and certified mail.  The
applicant must supply a sworn statement that he or she is a
victim of violence and fears further violent acts from his or her
assailant.  The applicant must also supply addresses that he or
she does not want disclosed because it will jeopardize the
applicant's safety.  Upon receiving a properly completed
application, the Secretary of State can certify the applicant as
a program participant for four years and forward his or her
first-class mail, legal documents, and certified mail.
Notification of lapsing certification and a reapplication form
must be sent to the program participant at least four weeks prior
to expiration.  The Secretary of State can cancel, with limited
exceptions, the certification of a program participant if:

(1)  The participant obtains a name change;

(2)  There is a change in the mailing address from the person
listed on the application and another address is not provided; or

(3)  The applicant or participant provides false information or
makes false claims in the application or assists another person
in doing so.

State and local agencies and the courts must accept the
designated address as a program participant's address when
creating new public records unless statute requires otherwise.
The Secretary of State can make a program participant's address
or mailing address available if requested by law enforcement or
the director of a state agency if there is a statutory or
administrative requirement for the use of the address.  The
Secretary of State must make a program participant's addresses
available:

(1)  To a person identified in a court order when the order
specifically requires the disclosure of a participant's address
and the reasons for the disclosure; or

(2)  If the certification has been canceled because the applicant
or participant used false information in an application or made a
false claim.

A program participant's application and supporting materials are
not a public record and must be kept confidential.

VICTIM RIGHTS AT PUBLIC HEARINGS

A victim is allowed to offer a statement by counsel or a
representative designated by the victim in lieu of a personal
appearance at a hearing before juvenile authorities, the Board of
Probation and Parole, or a mental health facility.  The victim
also has the right to have a partition set up in the probation
and parole hearing room to shield the victim from the offender.
An employer cannot discharge or discipline an employee for
attending a criminal proceeding or require any witness, victim,
or member of the victim's family to use vacation time, personal
time, or sick leave for honoring a subpoena to testify at,
attend, or participate in a criminal proceeding.

CRIME VICTIMS' COMPENSATION

A party aggrieved by a decision of the Department of Public
Safety on a claim under the Crime Victims' Compensation Fund is
allowed to file a petition with the Division of Workers'
Compensation within the Department of Labor and Industrial
Relations to have the decision heard by an administrative law
judge.  The petition must be filed within 30 days of notification
of the decision.  A decision of the administrative law judge is
appealable to the Labor and Industrial Relations Commission with
the decision appealable to a court of appeals.

In order to properly file a report of a sexual offense with the
proper authorities, the report of the forensic exam may be filed
with the prosecuting attorney.  Under certain circumstances, a
victim could receive payment for out-of-pocket losses from the
Crime Victims' Compensation Fund for the value of the loss
sustained up to $250.

The provisions regarding the Address Confidentiality Program will
expire six years from the effective date.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:19 am