Text of MO SB 843 (2022)

EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is intended to be omitted in the law. SECOND REGULAR SESSION SENATE BILL NO. 843 101ST GENERAL ASSEMBLY INTRODUCED BY SENATOR MOON. 4189S.01I ADRIANE D. CROUSE, Secretary AN ACT To repeal sections 568.060 and 578.421, RSMo, and to enact in lieu thereof three new sections relating to gender reassignment, with penalty provisions. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Sections 568.060 and 578.421, RSMo, are 1 repealed and three new sections enacted in lieu thereof, to be 2 known as sections 191.1180, 568.060, and 578.421, to read as 3 follows: 4 191.1180. 1. Any physician or surgeon licensed under 1 chapter 334, any person licensed to practice professional or 2 practical nursing under chapter 335, or any other health 3 personnel licensed by a state licensing board in this state 4 shall be prohibited from administering any hormonal 5 treatment or performing any surgical treatment for the 6 purpose of gender reassignment for a child. As used in this 7 section, "child" means a person under eighteen years of age. 8 2. Any licensed physician or surgeon, any person 9 licensed to practice professional or practical nursing, or 10 any other licensed health personnel who willfully and 11 knowingly does or assists any prohibited action under 12 subsection 1 of this section shall be subject to having his 13 or her license, application for license, or authority to 14 practice his or her profession as a physician, surgeon, 15 nurse, or other health personnel in the state of Missouri 16 rejected or revoked by the appropriate state licensing board. 17 SB 843 2 568.060. 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 (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 SB 843 3 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 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 commits the offense of abuse or neglect of 55 a child if such person coerces a child who is under eighteen 56 years of age to undergo any surgical or hormonal treatment 57 for the purpose of gender reassignment. 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 delivers or allows the delivery of a child to a 61 provider of emergency services. 62 [5.] 6. The offense of abuse or neglect of a child is: 63 SB 843 4 (1) A class D felony, without eligibility for 64 probation, parole, or conditional release until the 65 defendant has served no less than one year of such sentence, 66 unless the person has previously been found guilty of a 67 violation of this section or of a violation of the law of 68 any other jurisdiction that prohibits the same or similar 69 conduct or the injury inflicted on the child is a serious 70 emotional injury or a serious physical injury, in which case 71 abuse or neglect of a child is a class B felony, without 72 eligibility for probation or parole until the defendant has 73 served not less than five years of such sentence; or 74 (2) A class A felony if the child dies as a result of 75 injuries sustained from conduct chargeable under the 76 provisions of this section. 77 [6.] 7. Notwithstanding subsection [5] 6 of this 78 section to the contrary, the offense of abuse or neglect of 79 a child is a class A felony, without eligibility for 80 probation, parole, or conditional release until the 81 defendant has served not less than fifteen years of such 82 sentence, if: 83 (1) The injury is a serious emotional injury or a 84 serious physical injury; 85 (2) The child is less than fourteen years of age; and 86 (3) The injury is the result of sexual abuse or sexual 87 abuse in the first degree as defined under section 566.100 88 or sexual exploitation of a minor as defined under section 89 573.023. 90 [7.] 8. The circuit or prosecuting attorney may refer 91 a person who is suspected of abuse or neglect of a child to 92 an appropriate public or private agency for treatment or 93 counseling so long as the agency has consented to taking 94 such referrals. Nothing in this subsection shall limit the 95 SB 843 5 discretion of the circuit or prosecuting attorney to 96 prosecute a person who has been referred for treatment or 97 counseling pursuant to this subsection. 98 [8.] 9. Nothing in this section shall be construed to 99 alter the requirement that every element of any crime 100 referred to herein must be proven beyond a reasonable doubt. 101 [9.] 10. Discipline, including spanking administered 102 in a reasonable manner, shall not be construed to be abuse 103 under this section. 104 578.421. 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 SB 843 6 (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 (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 SB 843 7 (q) Any dangerous felony, as defined in section 54 556.061. 55 