A House committee advanced this week a plan that could save the lives of children, the elderly, and animals in the State of Missouri simply by having different types of investigators talk to one another.
Representative Holly Jones (Photo: Tim Bommel, Missouri House Communications)
House Bill 1298 would make those who investigate the abuse of children, the elderly, and other vulnerable persons mandated reporters of animal abuse and visa versa, and require the necessary cross training for those investigators.
The relationship between children and their pets is recognized as treasured and crucial to emotional development, and the development of empathy, responsibility, and social skills. Aislinn McCarthy with the Missouri Alliance for Animal Legislation said it is that much more tragic, then, when a child’s pet becomes a target of abuse.
Jackson County Assistant Prosecuting Attorney Devon Tarantino dealt with special victims cases for four years. She said animal abuse investigators are, indeed, often the first authorities to visit a home in which children are being abused.
Tarantino said delays in detection of abuse in a home are not always the result of investigators not having yet witnessed it. Often when investigators are present, they are not told about abuse. She said HB 1298 could make a difference in those situations as well.
The committee heard similar testimony from Ashley Stanley, the Director of Community Education and Outreach at Wayside Waifs Animal Shelter in Kansas City. She told the committee she has encountered many awful and sobering stories of animal abuse that were made more heartbreaking by how children were affected.
Legislation that is key in the fight to protect victims of domestic violence was one of the proposals the House sent to the Senate before legislators went home for their spring break.
Representatives Bill Irwin, Cecelie Williams, and Kemp Strickler (Photo: Tim Bommel, Missouri House Communications)
The House voted unanimously to send to the Senate a bill that would criminalize the placing of tracking devices on a vehicle without the knowledge or consent of all recorded owners of that vehicle. Missouri has no prohibition on such tracking, which is often used by domestic abusers to follow the movements of their victims.
The bipartisan legislation was sponsored by three legislators. One of those is Ditmer Republican Cecelie Williams, who filed House Bill 971. She has shared several times this session her own experience as a survivor of domestic violence, in explaining why she is carrying such bills.
Williams said Missouri should be addressing vehicle tracking in law.
Two bills similar to Williams’ were filed, and then combined with hers. One of those, House Bill 978, was sponsored by Lee’s Summit Republican Bill Irwin, a retired Navy Seal and Lees Summit Police officer. When he was presented this legislation he thought, “This is very much common sense. Who could be against it?”
Irwin said he saw firsthand the “evils of tracking,” when deployed to Pakistan as a liaison officer for the Special Operations Command Central to the U.S. Embassy.
A diplomat he worked with there was a woman known for her diplomatic and physical prowess. One of Irwin’s colleagues became interested in her but she turned the man down. What happened next was frightening.
Representatives Bill Irwin, Cecelie Williams, and Kemp Strickler (Photo: Tim Bommel, Missouri House Communications)
He also referenced a high-profile double murder-suicide that happened in Lenexa, Kansas, in which a woman from Belton, 22 year old Sara Beck, was murdered. Investigators believe she was tracked with a GPS device by her ex-boyfriend.
The state House has voted unanimously to tell judges they cannot delay finalization of a divorce based on one party in the marriage being pregnant. The vote came after one bill sponsor shared her own experience with domestic violence, and how she found herself pregnant but unable to divorce her abuser.
Representatives Cecelie Williams (left) and Raychel Proudie (right) speak in a side gallery in the House Chamber after the House voted unanimously to advance their proposal meant to clear the way for pregnant women to secure a divorce. (Photo: Tim Bommel, Missouri House Communications)
Missouri Law allows filing for divorce during a pregnancy, but judges typically wait to finalize a divorce until after that party gives birth.
The passage came after one of the proposal’s sponsors shared her own story of having been in an abusive marriage, and learning that she could not divorce her husband while pregnant.
The legislation was first offered during the 2023 legislative session by Representative Ashley Aune (D-Kansas City), who praised Williams for her bravery in sharing her personal story and getting this legislation so far, so early in session.
Legislators, visitors, and staff listened in silence as Rep. Cecelie Williams spoke about her own story of surviving domestic violence, in asking them to approve her bill to allow pregnant women to secure a divorce. (Photo: Tim Bommel, Missouri House Communications)
Aune said the proposal had been brought to her by domestic violence advocates, and she viewed it with such issues in mind. Once she filed it, however, she was truck by how many men contacted her to thank her.
After House voted to send the bill to the Senate, Williams reflected on how hard it has been to speak publicly about what she went through, an experience that included years of physical and verbal abuse, often in front of her young children, before her abuser took his own life just days before their divorce would have become final.
The vote to send House Bills 243 (Williams) and 280 (Proudie) to the Senate was 155-0. It now goes to the Senate, in which two versions of the same language have been filed.
A bipartisan effort to tell judges they cannot delay finalizing a divorce because one party in the marriage is pregnant has been advanced by a House Committee. One sponsor says her own experience with domestic violence helps illustrate why this change is necessary to save lives.
Representatives Raychel Proudie and Cecelie Williams (Photo: Tim Bommel, Missouri House Communications)
Missouri law does not prevent filing for divorce because one party is pregnant, but judges can, and in practice often do, wait to finalize a divorce until after that party gives birth.
Often when a judge delays finalization of a divorce until birth, it is said to be to allow for considerations regarding custody and child support arrangements and other end-of-marriage considerations. Williams said that is not valid reasoning.
Both representatives said they have experienced and survived domestic violence, with Williams speaking publicly for the first time about her own experience and how it was relevant to this legislative.
Since the proposal was first filed in past years, some news reports and commentators mischaracterized Missouri law as not allowing pregnant women to get divorced. It also came to light that lawyers often advise pregnant women, incorrectly, that they cannot file for divorce.
Domestic violence advocates say the detrimental results have been that women in abusive marriages have been discouraged from filing for divorce.
The committee voted 14-0 to send the bill forward. Williams said it is no surprise that it is receiving bipartisan support.
Escaping domestic violence in Missouri might have gotten a little easier, under legislation that became law August 28.
Representative Chris Dinkins (Photo: Tim Bommel, Missouri House Communications)
One of the greatest obstacles facing victims of domestic violence involves possession of the documents they need to start their lives over. A provision in Senate Bill 28 will provide free copies of birth certificates when those are requested by victims.
Tracy Carroll is the Assistant Director and Case Manager for the Council. As a case manager she has seen, countless times, people trying to get out of abusive situations but struggling to do so because they needed documentation.
Often, victims escape from an abusive home in the middle of the night and even perhaps during a violent incident. They leave with little more than the clothes on their back and the backs of their children, only to later realize that they need documentation to do things like get a job or enroll children in school.
The $15 apiece fee to get a copy of a birth certificate often presents a huge obstacle for someone in a crisis situation. Shelters, then, have typically covered that fee, but Carroll said that adds up quickly and takes away from other things shelters aim to provide.
The Council’s Executive Director, Stephanie Bennett, said after they met with Rep. Dinkins at an event in the capital city and brought up the issue, she recognized its importance and asked them to bring her some legislation.
Later, the Missouri Coalition for Domestic and Sexual Violence, the membership of which includes the Council and other shelters around the state, picked up the issue and advocated for it. Dinkins said that helped get the proposal the traction it needed.
Carroll said cost isn’t the only issue regarding certificates from other states. She said different lengths of delays in getting documents mean victims can be forced to sit idle, sometimes for months, before they can begin rebuilding their lives and the lives of their children.
The language in SB 28 authorizes a waiver of the fee for a Missouri birth certificate when a victim of domestic violence or abuse requests it, documentation signed by a victim advocate; attorney; or health or mental health care provider who has assisted that person accompanies that request.
One of the bills on the desk of Governor Mike Parson (R) would make it easier for people to escape domestic abuse, if it becomes law.
Representative Chris Dinkins (Photo: Tim Bommel, Missouri House Communications)
A provision in Senate Bill 28 would waive the fee for a copy of a birth certificate when it is requested by a victim of domestic violence.
It has been proposed for several years by Representative Chris Dinkins (R-Lesterville), who explained to her colleagues that when a person escapes domestic violence, they often have to leave things behind. That often includes vital documents.
Matthew Huffman is the Chief Public Affairs Officer with the Missouri Coalition against Domestic and Sexual Violence. He said making a decision to leave can be dangerous, frightening, and difficult, and this legislation would help to keep victims from having to go back.
Dinkins agrees, and adds that just as this proposal was brought to her by a shelter in her district, she encourages advocates to bring her more ideas. She said in her time as a teacher she knew several individuals who were involved in domestic abuse situations, and that makes these issues personal.
The bill would allow a survivor to get one birth certificate free, one time. It requires a signed statement from an advocate, attorney, or provider of healthcare or mental healthcare.
Governor Parson could sign that bill into law, veto it, or allow it to become law without his action. If it becomes law, this provision would become effective on August 28.
False reports of school shootings and other crimes have been rampant for months throughout the United States, and the state House is considering a bill to deal with such crimes.
Representative Lane Roberts (Photo: Tim Bommel, Missouri House Communications)
The practice is commonly called “swatting:” making a false report of a crime so that law enforcement – particularly a SWAT team – will respond to an address. It is often used as a revenge tactic, as a way to cause unrest, or in the minds of some it is even seen as a joke.
It isn’t funny to Representative Lane Roberts (R-Joplin), who has a lengthy career that includes time as Joplin’s Police Chief and Director of the Missouri Department of Public Safety. He said such reports create needless danger for the public and for law enforcement.
For several years he has proposed legislation to address swatting. This week his latest such effort was heard by the House Committee on Public Safety, which he chairs.
He stressed to the committee that the key to House Bill 302 is how it would define the crime. That is, to give a false report to law enforcement, a security officer, a fire department, or other such organization, “with reckless disregard of causing bodily harm to any person as a direct result of an emergency response.”
Under HB 302 those who make false reports that result in a person being killed or seriously hurt could be charged with a class-B felony, punishable by 5 to 15 years in prison. Falsely reporting a felony crime would be a class-E felony (up to four years in prison). Any other false reports would be a class-B misdemeanor (up to six months in jail and a fine of up to $1,000).
Juveniles making false reports for the first time would be guilty of a status offense. Any further offenses would be class-C misdemeanors and would require a juvenile court appearance or community service and a fine.
Jordan Kadosh with the Anti-Defamation League spoke in favor of HB 302. He reiterated that instances of swatting have been spiking, especially after many of the recent shootings at schools throughout the nation. He said after the recent shooting that killed six people at The Covenant School in Nashville, Tennessee, Missouri law enforcement was “inundated with false reports.”
He said the bill is narrowly crafted to help prosecutors make cases against swatters and at last create real penalties for maliciously making false reports.
The committee has not voted on HB 302. Last year the House passed similar legislation 142-0, but it did advance out of the Senate.
Missouri legislators passed a package of measures intended to protect victims of sexual and domestic violence and trafficking before the 2022 regular session drew to a close on May 13. Senate Bill 775 contained language sponsored by several House members, and now awaits action by Governor Mike Parson (R).
Representative Hannah Kelly (Photo: Tim Bommel, Missouri House Communications)
“It’s our big legislative win for this session,” said Jennifer Carter Dochler, who was the legislative liaison for the Missouri Coalition against Domestic and Sexual Violence during the regular session.
The bill was handled in the House by Representative Hannah Kelly (R-Mountain Grove), who was glad to see it reach the governor’s desk despite issues in the legislature that created challenges for all legislation this year.
Kelly said of particular importance to her, personally, in SB 775 is the language that establishes the “Sexual Assault Survivors Bill of Rights.” This seeks to make sure victims know their rights regarding the gathering of evidence and related medical exams; access to incident reports; and protections from intimidation and harassment by an attacker.
The Bill of Rights portion is meant to, among other things, give some clarity and guidance to victims, who often find themselves traumatized and with no knowledge of what to do or to whom to turn.
SB 775 also clarifies definitions in Missouri law regarding “sexual contact” and “sexual conduct.” Representative David Evans (R-West Plains) said he dealt with at least one case, during his 28 years as a judge, in which unclear definitions regarding contact with minor victims hindered prosecution.
Representative David Evans (Photo: Tim Bommel, Missouri House Communications)
SB 775 would specify that no persons younger than 18 will be prosecuted for prostitution, and if located by law enforcement while engaged in commercial sexual acts, they will be considered a victim of abuse and referred to the Children’s Division and juvenile officers to receive help. It also eliminates the requirement that a person under 18 and charged with prostitution must prove they were coerced to avoid conviction.
These were provisions found in legislation sponsored by Representative Ed Lewis (R-Moberly), who said the laws regarding these individuals needs to be focused on getting them help.
Other related sections deal with prosecuting those who attempted to engage in sexual acts or pornography-related offenses with individuals under 18.
The bill also contains language sponsored by Representative Lane Roberts (R-Joplin) dealing with orders of protection. It would state that a person with an order of protection against them cannot skip a court date regarding that order and then plead ignorance to knowing it was still in effect. He and Carter Dochler say this defense has often been successful for abusers who would violate an order and then say they didn’t know it was in place because they didn’t attend a hearing.
Roberts has often said that this and other proposals he has filed stem from his time in law enforcement – including as Joplin’s police chief and the director of the Department of Public Safety – and times in his career when he couldn’t help a victim because of how the law was written.
Along that same line, Roberts said a provision in SB 775 that is important to him is one that allows victims to testify via video rather than have to appear in court for a domestic violence proceeding.
Representative Lane Roberts (Photo: Tim Bommel, Missouri House Communications)
Roberts says too often, a victim is afraid to proceed with prosecution for fear or retribution by their abuser. This provision addresses that fear; specifically that requiring a victim to appear in court creates an instance in which their abuser will know where and when to find them.
With all these issues, legislators have to craft language that protects victims but also allows for due process for those who are accused. Evans believes with SB 775, Missouri gets closer to finding the right balance between those considerations, “and again that’s one thing I really enjoy doing, is balancing the rights of those that are charged but making it absolutely clear to protect the victims of the crimes as well. I think we’re getting there.”
SB 775 includes several other provisions, including those that would make it a crime for any coach of minors to abuse a minor, whereas currently law speaks only to high school coaches; extends protections against the release of a victim’s personal information to include their personal email address, birth date, health status, or any information from a forensic testing report; and further restricts when the prior sexual conduct of a witness or victim in a sexual offense case may be inquired about in a legal proceeding.
The House has voted to increase the penalties for deliberately reporting someone to law enforcement with the intent or hurting, embarrassing, or intimidating them; a practice commonly referred to as “swatting.”
Representative Lane Roberts (Photo: Tim Bommel, Missouri House Communications)
Under House Bill 1704 a person would be guilty of making a false report if they intentionally make, or causes to be made to any enforcement organization, a false report that could cause bodily harm as a result of the emergency response.
Those who make false reports that result in a person being killed or seriously hurt could be charged with a class-B felony, punishable by 5 to 15 years in prison. Otherwise, false reports of a felony crime would be a class-C felony (up to 7 years in prison) and false reports of a misdemeanor would be a class-B misdemeanor (up to six months in jail and a fine of up to $1,000).
Roberts and other legislators have discussed in recent years how incidents of “swatting” seem to have increased, and in some cases those have resulted in deaths and serious injuries. Roberts’ legislation is the latest attempt to address that.
His proposal was sent to the Senate with unanimous bipartisan support, 142-0. Democrats contributed to the language of HB 1704, and Representative Ashley Bland Manlove (D-Kansas City) spoke in support of it. She said she remembers a recent “swatting” incident that happened just across the state line from her district, in Kansas.
The House has voted to make several changes in state law meant to make victims of domestic violence safer. It’s sponsored by a man who, during his career in law enforcement, was often frustrated by how laws limited what he could do to help victims.
Representative Lane Roberts (Photo: Tim Bommel, Missouri House Communications)
A key provision of Roberts’ House Bill 1699 would specify that a defendant in an abuse case will be considered to have been notified of an order of protection if they are notified in any reasonable way. In effect, this would make clear that orders of protection remain place until otherwise ordered by a court.
Another portion would allow victims in domestic violence cases to testify via video conference. Roberts says often, domestic cases are dismissed because victims refuse to testify.
She said another hurdle for victims testifying for an order of protection, sometimes, is finding childcare, and video conferencing could negate that issue.
HB 1699 would also specify that courts cannot make a victim or their family reveal in court the victim’s current address or workplace unless necessary.
Earlier versions of the legislation had caused concern for some lawmakers, specifically that the video testimony provision would violate the constitutional right of accused abusers to face their accusers in court. Roberts worked with other legislators to deal with issues in the bill leading to the version the House passed.
Representative Ian Mackey (Photo: Tim Bommel, Missouri House Communications)
HB 1699 would also specify that when a defendant is ordered to pay the victim’s attorney fees, that order covers the entire proceeding; and that a person convicted of domestic assault who is ordered to attend a batterer-intervention program will be responsible for paying for that program.
Carter Dochler said the legislation would make a number of small changes in Missouri law each of which would make a big difference in the lives of victims.
