Text of MO SB 704 (2025)

EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is intended to be omitted in the law. FIRST REGULAR SESSION SENATE BILL NO. 704 103RD GENERAL ASSEMBLY INTRODUCED BY SENATOR NICOLA. 2672S.04I KRISTINA MARTIN, Secretary AN ACT To repeal sections 210.115, 568.045, 568.050, 568.060, and 578.421, RSMo, and to enact in lieu thereof five new sections relating to child protection, with penalty provisions. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Sections 210.115, 568.045, 568.050, 568.060, 1 and 578.421, RSMo, are repealed and five new sections enacted 2 in lieu thereof, to be known as sections 210.115, 568.045, 3 568.050, 568.060, and 578.421, to read as follows: 4 210.115. 1. When any physician, medical examiner, 1 coroner, dentist, chiropractor, optometrist, podiatrist, 2 resident, intern, nurse, hospital or clinic personnel that 3 are engaged in the examination, care, treatment or research 4 of persons, and any other health practitioner, psychologist, 5 mental health professional, social worker, day care center 6 worker or other child-care worker, juvenile officer, 7 probation or parole officer, jail or detention center 8 personnel, teacher, principal or other school official, 9 minister as provided by section 352.400, peace officer or 10 law enforcement official, volunteer or personnel of a 11 community service program that offers support services for 12 families in crisis to assist in the delegation of any powers 13 regarding the care and custody of a child by a properly 14 executed power of attorney pursuant to sections 475.600 to 15 475.604, or other person with responsibility for the care of 16 children has reasonable cause to suspect that a child has 17 SB 704 2 been or may be subjected to abuse or neglect or observes a 18 child being subjected to conditions or circumstances which 19 would reasonably result in abuse or neglect, that person 20 shall immediately report to the division in accordance with 21 the provisions of sections 210.109 to 210.183. No internal 22 investigation shall be initiated until such a report has 23 been made. As used in this section, the term "abuse" is not 24 limited to abuse inflicted by a person responsible for the 25 child's care, custody and control as specified in section 26 210.110, but shall also include abuse inflicted by any other 27 person. 28 2. If two or more members of a medical institution who 29 are required to report jointly have knowledge of a known or 30 suspected instance of child abuse or neglect, a single 31 report may be made by a designated member of that medical 32 team. Any member who has knowledge that the member 33 designated to report has failed to do so shall thereafter 34 immediately make the report. Nothing in this section, 35 however, is meant to preclude any person from reporting 36 abuse or neglect. 37 3. The reporting requirements under this section are 38 individual, and no supervisor or administrator may impede or 39 inhibit any reporting under this section. No person making 40 a report under this section shall be subject to any 41 sanction, including any adverse employment action, for 42 making such report. Every employer shall ensure that any 43 employee required to report pursuant to subsection 1 of this 44 section has immediate and unrestricted access to 45 communications technology necessary to make an immediate 46 report and is temporarily relieved of other work duties for 47 such time as is required to make any report required under 48 subsection 1 of this section. 49 SB 704 3 4. Notwithstanding any other provision of sections 50 210.109 to 210.183[,] to the contrary: 51 (1) Any child who does not receive specified medical 52 treatment by reason of the legitimate practice of the 53 religious belief of the child's parents, guardian, or others 54 legally responsible for the child, for that reason alone, 55 shall not be found to be an abused or neglected child, and 56 such parents, guardian or other persons legally responsible 57 for the child shall not be entered into the central 58 registry. However, the division may accept reports 59 concerning such a child and may subsequently investigate or 60 conduct a family assessment as a result of that report, but 61 shall not investigate or conduct a family assessment for the 62 sole reason that the child's parent, guardian, or other 63 person responsible for the child's care, custody, and 64 control refuses to affirm or otherwise recognize the child's 65 sexual orientation or gender identity if such identity 66 differs from the child's biological sex, as such term is 67 defined in section 191.1720, or if he or she refuses to 68 assist or consent to the child's gender transition, as such 69 term is defined in section 191.1720. Such an exception 70 shall not limit the administrative or judicial authority of 71 the state to ensure that medical services are provided to 72 the child when the child's health requires it; provided, 73 that such medical services shall not include services 74 prohibited under section 191.1720; 75 (2) A child shall not be considered abused or 76 neglected for the sole reason that the child's parent, 77 guardian, or other person responsible for the child's care, 78 custody, and control refuses to affirm or otherwise 79 recognize the child's sexual orientation or gender identity 80 if such identity differs from the child's biological sex, as 81 SB 704 4 such term is defined in section 191.1720, and such parent, 82 guardian, or other person responsible for the child's care, 83 custody, and control shall not be entered into the central 84 registry. The division shall not investigate or conduct a 85 family assessment for the sole reason that the child's 86 parent, guardian, or other person responsible for the 87 child's care, custody, and control refuses to affirm or 88 otherwise recognize the child's sexual orientation or gender 89 identity if such identity differs from the child's 90 biological sex, as such term is defined in section 191.1720. 91 5. In addition to those persons and officials required 92 to report actual or suspected abuse or neglect, any other 93 person may report in accordance with sections 210.109 to 94 210.183 if such person has reasonable cause to suspect that 95 a child has been or may be subjected to abuse or neglect or 96 observes a child being subjected to conditions or 97 circumstances which would reasonably result in abuse or 98 neglect. 99 6. Any person or official required to report pursuant 100 to this section, including employees of the division, who 101 has probable cause to suspect that a child who is or may be 102 under the age of eighteen, who is eligible to receive a 103 certificate of live birth, has died shall report that fact 104 to the appropriate medical examiner or coroner. If, upon 105 review of the circumstances and medical information, the 106 medical examiner or coroner determines that the child died 107 of natural causes while under medical care for an 108 established natural disease, the coroner, medical examiner 109 or physician shall notify the division of the child's death 110 and that the child's attending physician shall be signing 111 the death certificate. In all other cases, the medical 112 examiner or coroner shall accept the report for 113 SB 704 5 investigation, shall immediately notify the division of the 114 child's death as required in section 58.452 and shall report 115 the findings to the child fatality review panel established 116 pursuant to section 210.192. 117 7. Any person or individual required to report may 118 also report the suspicion of abuse or neglect to any law 119 enforcement agency or juvenile office. Such report shall 120 not, however, take the place of reporting to the division. 121 8. If an individual required to report suspected 122 instances of abuse or neglect pursuant to this section has 123 reason to believe that the victim of such abuse or neglect 124 is a resident of another state or was injured as a result of 125 an act which occurred in another state, the person required 126 to report such abuse or neglect may, in lieu of reporting to 127 the Missouri children's division, make such a report to the 128 child protection agency of the other state with the 129 authority to receive such reports pursuant to the laws of 130 such other state. If such agency accepts the report, no 131 report is required to be made, but may be made, to the 132 children's division. 133 9. For the purposes of providing supportive services 134 or verifying the status of a youth as unaccompanied or 135 homeless for the purposes of accessing supportive services, 136 the fact that a child is an unaccompanied youth as defined 137 in 42 U.S.C. Section 11434a(6) is not, in and of itself, a 138 sufficient basis for reporting child abuse or neglect, 139 unless the child is under sixteen years of age or is an 140 incapacitated person, as defined in section 475.010. 141 Nothing in this subsection shall limit a mandated reporter 142 from making a report under this section if the mandated 143 reporter knows or has reasonable cause to suspect that an 144 SB 704 6 unaccompanied youth has been or may be a victim of abuse or 145 neglect. 146 568.045. 1. A person commits the offense of 1 endangering the welfare of a child in the first degree if he 2 or she: 3 (1) Knowingly acts in a manner that creates a 4 substantial risk to the life, body, or health of a child 5 less than seventeen years of age; or 6 (2) Knowingly engages in sexual conduct with a person 7 under the age of seventeen years over whom the person is a 8 parent, guardian, or otherwise charged with the care and 9 custody; 10 (3) Knowingly encourages, aids or causes a child less 11 than seventeen years of age to engage in any conduct which 12 violates the provisions of chapter 571 or 579; 13 (4) In the presence of a child less than seventeen 14 years of age or in a residence where a child less than 15 seventeen years of age resides, unlawfully manufactures or 16 attempts to manufacture compounds, possesses, produces, 17 prepares, sells, transports, tests or analyzes amphetamine 18 or methamphetamine or any of its analogues. 19 2. The offense of endangering the welfare of a child 20 in the first degree is a class D felony unless the offense: 21 (1) Is committed as part of an act or series of acts 22 performed by two or more persons as part of an established 23 or prescribed pattern of activity, or where physical injury 24 to the child results, or the offense is a second or 25 subsequent offense under this section, in which case the 26 offense is a class C felony; 27 (2) Results in serious physical injury to the child, 28 in which case the offense is a class B felony; or 29 SB 704 7 (3) Results in the death of a child, in which case the 30 offense is a class A felony. 31 3. A person does not commit the offense of endangering 32 the welfare of a child in the first degree if he or she 33 refuses to affirm or recognize a child's sexual orientation 34 or gender identity if such identity differs from the child's 35 biological sex, as such term is defined in section 191.1720, 36 or if he or she refuses to assist or consent to a child's 37 gender transition, as such term is defined in section 38 191.1720. 39 568.050. 1. A person commits the offense of 1 endangering the welfare of a child in the second degree if 2 he or she: 3 (1) With criminal negligence acts in a manner that 4 creates a substantial risk to the life, body or health of a 5 child less than seventeen years of age; or 6 (2) Knowingly encourages, aids or causes a child less 7 than seventeen years of age to engage in any conduct which 8 causes or tends to cause the child to come within the 9 provisions of paragraph (d) of subdivision (2) of subsection 10 1 or subdivision (3) of subsection 1 of section 211.031; or 11 (3) Being a parent, guardian or other person legally 12 charged with the care or custody of a child less than 13 seventeen years of age, recklessly fails or refuses to 14 exercise reasonable diligence in the care or control of such 15 child to prevent him or her from coming within the 16 provisions of paragraph (c) of subdivision (1) of subsection 17 1 or paragraph (d) of subdivision (2) of subsection 1 or 18 subdivision (3) of subsection 1 of section 211.031; or 19 (4) Knowingly encourages, aids or causes a child less 20 than seventeen years of age to enter into any room, building 21 SB 704 8 or other structure which is a public nuisance as defined in 22 section 579.105. 23 2. Nothing in this section shall be construed to mean 24 the welfare of a child is endangered for the sole reason 25 that he or she is being provided nonmedical remedial 26 treatment recognized and permitted under the laws of this 27 state. 28 3. The offense of endangering the welfare of a child 29 in the second degree is a class A misdemeanor unless the 30 offense is committed as part of an act or series of acts 31 performed by two or more persons as part of an established 32 or prescribed pattern of activity, in which case the offense 33 is a class E felony. 34 4. A person does not commit the offense of endangering 35 the welfare of a child in the second degree if he or she 36 refuses to affirm or recognize a child's sexual orientation 37 or gender identity if such identity differs from the child's 38 biological sex, as such term is defined in section 191.1720, 39 or if he or she refuses to assist or consent to a child's 40 gender transition, as such term is defined in section 41 191.1720. 42 568.060. 1. As used in this section, the following 1 terms shall mean: 2 (1) "Abuse", the infliction of physical, sexual, or 3 mental injury against a child by any person eighteen years 4 of age or older. For purposes of this section, abuse shall 5 not include injury inflicted on a child by accidental means 6 by a person with care, custody, or control of the child, or 7 discipline of a child by a person with care, custody, or 8 control of the child, including spanking, in a reasonable 9 manner; 10 SB 704 9 (2) "Abusive head trauma", a serious physical injury 11 to the head or brain caused by any means, including but not 12 limited to shaking, jerking, pushing, pulling, slamming, 13 hitting, or kicking; 14 (3) "Mental injury", an injury to the intellectual or 15 psychological capacity or the emotional condition of a child 16 as evidenced by an observable and substantial impairment of 17 the ability of the child to function within his or her 18 normal range of performance or behavior; 19 (4) "Neglect", the failure to provide, by those 20 responsible for the care, custody, and control of a child 21 under the age of eighteen years, the care reasonable and 22 necessary to maintain the physical and mental health of the 23 child, when such failure presents a substantial probability 24 that death or physical injury or sexual injury would result; 25 (5) "Physical injury", physical pain, illness, or any 26 impairment of physical condition, including but not limited 27 to bruising, lacerations, hematomas, welts, or permanent or 28 temporary disfigurement and impairment of any bodily 29 function or organ; 30 (6) "Serious emotional injury", an injury that creates 31 a substantial risk of temporary or permanent medical or 32 psychological damage, manifested by impairment of a 33 behavioral, cognitive, or physical condition. Serious 34 emotional injury shall be established by testimony of 35 qualified experts upon the reasonable expectation of 36 probable harm to a reasonable degree of medical or 37 psychological certainty; 38 (7) "Serious physical injury", a physical injury that 39 creates a substantial risk of death or that causes serious 40 disfigurement or protracted loss or impairment of the 41 function of any part of the body. 42 SB 704 10 2. A person commits the offense of abuse or neglect of 43 a child if such person knowingly causes a child who is less 44 than eighteen years of age: 45 (1) To suffer physical or mental injury as a result of 46 abuse or neglect; or 47 (2) To be placed in a situation in which the child may 48 suffer physical or mental injury as the result of abuse or 49 neglect. 50 3. A person commits the offense of abuse or neglect of 51 a child if such person recklessly causes a child who is less 52 than eighteen years of age to suffer from abusive head 53 trauma. 54 4. A person does not commit the offense of abuse or 55 neglect of a child by virtue of the sole fact that the 56 person delivers or allows the delivery of a child to a 57 provider of emergency services. 58 5. A person does not commit the offense of abuse or 59 neglect of a child by virtue of the sole fact that the 60 person refuses to affirm or otherwise recognize a child's 61 sexual orientation or gender identity if such identity 62 differs from the child's biological sex, as such term is 63 defined in section 191.1720. 64 6. The offense of abuse or neglect of a child is: 65 (1) A class D felony, without eligibility for 66 probation, parole, or conditional release until the 67 defendant has served no less than one year of such sentence, 68 unless the person has previously been found guilty of a 69 violation of this section or of a violation of the law of 70 any other jurisdiction that prohibits the same or similar 71 conduct or the injury inflicted on the child is a serious 72 emotional injury or a serious physical injury, in which case 73 abuse or neglect of a child is a class B felony, without 74 SB 704 11 eligibility for probation or parole until the defendant has 75 served not less than five years of such sentence; or 76 (2) A class A felony if the child dies as a result of 77 injuries sustained from conduct chargeable under the 78 provisions of this section. 79 [6.] 7. Notwithstanding subsection [5] 6 of this 80 section to the contrary, the offense of abuse or neglect of 81 a child is a class A felony, without eligibility for 82 probation, parole, or conditional release until the 83 defendant has served not less than fifteen years of such 84 sentence, if: 85 (1) The injury is a serious emotional injury or a 86 serious physical injury; 87 (2) The child is less than fourteen years of age; and 88 (3) The injury is the result of sexual abuse or sexual 89 abuse in the first degree as defined under section 566.100 90 or sexual exploitation of a minor as defined under section 91 573.023. 92 [7.] 8. The circuit or prosecuting attorney may refer 93 a person who is suspected of abuse or neglect of a child to 94 an appropriate public or private agency for treatment or 95 counseling so long as the agency has consented to taking 96 such referrals. Nothing in this subsection shall limit the 97 discretion of the circuit or prosecuting attorney to 98 prosecute a person who has been referred for treatment or 99 counseling pursuant to this subsection. 100 [8.] 9. Nothing in this section shall be construed to 101 alter the requirement that every element of any crime 102 referred to herein must be proven beyond a reasonable doubt. 103 [9.] 10. Discipline, including spanking administered 104 in a reasonable manner, shall not be construed to be abuse 105 under this section. 106 SB 704 12 578.421. 1. Sections 578.421 to 578.437 shall be 1 known and may be cited as the "Missouri Criminal Street 2 Gangs Prevention Act". 3 2. As used in sections 578.421 to 578.437, the 4 following terms mean: 5 (1) "Criminal street gang", any ongoing organization, 6 association, or group of three or more persons, whether 7 formal or informal, having as one of its motivating 8 activities the commission of one or more of the criminal 9 acts enumerated in subdivision (2) of this subsection, whose 10 members individually or collectively engage in or have 11 engaged in a pattern of criminal gang activity; 12 (2) "Pattern of criminal street gang activity", the 13 commission, attempted commission, or solicitation of two or 14 more of the following offenses, provided at least one of 15 those offenses occurred after August 28, 1993, and the last 16 of those offenses occurred within three years after a prior 17 offense, and the offenses are committed on separate 18 occasions, or by two or more persons: 19 (a) Assault with a deadly weapon or by means of force 20 likely to cause serious physical injury, as provided in 21 sections 565.050 and 565.052; 22 (b) Robbery, arson and those offenses under chapter 23 569 which are related to robbery and arson; 24 (c) Murder or manslaughter, as provided in sections 25 565.020 to 565.024; 26 (d) Any violation of the provisions of chapter 579 27 which involves the distribution, delivery or manufacture of 28 a substance prohibited by chapter 579; 29 (e) Unlawful use of a weapon which is a felony 30 pursuant to section 571.030; 31 SB 704 13 (f) Tampering with witnesses and victims, as provided 32 in section 575.270; 33 (g) Promoting online sexual solicitation, as provided 34 in section 566.103; 35 (h) Sexual trafficking of a child in the first degree, 36 as provided in section 566.210; 37 (i) Sexual trafficking of a child in the second 38 degree, as provided in section 566.211; 39 (j) Patronizing prostitution, as provided in 40 subsection 4 of section 567.030; 41 (k) Promoting prostitution in the first degree, as 42 provided in section 567.050; 43 (l) Promoting prostitution in the second degree, as 44 provided in section 567.060; 45 (m) Abuse or neglect of a child, as provided in 46 subsection [6] 7 of section 568.060; 47 (n) Sexual exploitation of a minor, as provided in 48 section 573.023; 49 (o) Child used in sexual performance, as provided in 50 section 573.200; 51 (p) Promoting sexual performance by a child, as 52 provided in section 573.205; or 53 (q) Any dangerous felony, as defined in section 54 556.061. 55 