House plan to toughen ATM ‘smash and grab’ penalties getting results

A House proposal that became law last year, to toughen Missouri’s penalties for “smash and grab” attacks on ATMs, could be slowing down an organized crime ring in the Kansas City area.  Its sponsor says that the ring’s reach, and the repercussions of this new law, could extend into several states.

Representative Rick Francis (Photo: Tim Bommel, Missouri House Communications)

      One of two men arrested for stealing a Richmond, Missouri ATM has been charged under that law, which took effect in August.  It made the theft of a teller machine or its contents a Class C felony, punishable by three to ten years in prison and a fine of up to $10,000.

      According to a probable cause statement, Montez Sherman was one of the two men who early on New Year’s Day used a stolen truck to pull an ATM from its foundation and used a crowbar to break it open.  More than $15,000 was taken and more than $32,000 in damage was done.

      If not for the work of Representative Rick Francis (R-Perryville), Sherman might face a might lighter penalty. 

      “Both theft or destruction of property … I think they were both misdemeanors,” Francis said.  “That was the whole reason for filing the bill.  The deterrent wasn’t working.”

      Francis worked on this legislation after learning that the Missouri Highway Patrol had recorded a sudden increase in smash-and-grab ATM attacks.  Those numbers went from only two such crimes statewide in all of 2019 to at least 28 in 2021.  When Francis began researching the issue in 2022, more than 20 ATMs had already been targeted in that year and more than $200,000 had been stolen, and that was not for the full year.

      He learned that many of those incidents in Missouri were connected to a crime ring that had originated in Texas and spread from there. 

      “They moved up through Arkansas.  Arkansas put a stiffer penalty to smash and grab ATMs, and it kind of went away there.  It was my hope that putting this into place in Missouri would also deter them from Missouri.”

      Francis and the law enforcement personnel he’s spoken to say the fact that criminal organizations are behind these crimes, anything that could deter them will make Missourians safer.

      “It’s organized crime that is at least doing by far the majority of this, and you never know how far organized crime would go, if they would be seen or if there was a witness or something like that, so certainly the public’s safety is a concern.”

      That Sherman and the others involved in the Richmond incident used a stolen truck to pull the ATM is similar to many of the other smash-and-grabs in Missouri and other states.  Richmond Police believe these individuals are part of a ring that has been committing such crimes in the Kansas City Metro area, but Francis thinks their ties go even further. 

      “They actually have some leads going back into Houston, Texas, so it would be nice to see some arrests where the ring starts,” Francis said. 

      Francis called it deeply satisfying to see an issue on which he and his colleagues spent so much time and effort, making a difference in Missouri, calling it the second such reminder in recent weeks. 

      Two weeks ago, House members heard that for the first time in Missouri, a healthy newborn baby was left in a Safe Haven Baby Box, to be safely surrendered to emergency responders.  That “baby box” is allowed under a 2021 House proposal.

      “That made me feel good as well, and now this week, from the bankers’ point of view, they say actually the good guys won one,” Francis said.

      “Any time that we can share that we’re certainly trying, with legislation and laws and so forth, to better Missouri and keep folks safe, and certainly it is gratifying to know that this legislation, hopefully, will send vibes, not only throughout Missouri but perhaps even into Texas, that we’re not going to put up with it.”

Francis’ bill last year was House Bill 725, the language of which became law as part of Senate Bill 186.

Allergy safety in child care facilities the subject of House plan with bipartisan backing

        Legislation that stems from the tragic death of a boy in Harlem in 2017 is back before the Missouri House. 

Elijah-Alavi Silvera
(Photo courtesy of Thomas Silvera)

      Though the operators of 3-year-old Elijah-Alavi Silvera’s daycare had been told he had a severe dairy allergy, he was given a grilled cheese sandwich.  He went into severe anaphylactic shock and died.  His death prompted his father to spearhead an effort that became known as “Elijah’s Law,” which was passed in the State of New York in 2019.

Since then it has also become law in Illinois and Virginia and as an ordinance in Kansas City. Missouri is one of five states in which it is proposed this year.

      It is found in House Bill 2552, which would allow doctors to prescribe epinephrine auto-injectors, more commonly known as “epi-pens,” to childcare facilities.  It would also require licensed childcare providers to adopt a policy on allergy prevention and response, with a special emphasis on deadly food-borne allergies. 

      The bill’s sponsor, Representative Jim Schulte (R-New Bloomfield), presented it last week to the House Committee on Healthcare Reform.

Representative Jim Schulte (Photo: Tim Bommel, Missouri House Communications)

      “It pertains to a young boy who had a [dairy]* allergy.  His mother was aware of it and she had told the daycare provider about it and even provided an epi-pen for them, however, they had no training and by the time they realized what was going on and called an ambulance, he had already passed away.  His family is leading this.  I think they’re in seven states now, with this bill,” Schulte told his fellow legislators.

     There are some concerns among lawmakers, including a question of cost.  Epi-pens are expensive, and the bill does not address how the cost for them might be covered.  Schulte said grant programs are available and could apply. 

      Legislators also questioned a provision that would have the Department of Elementary and Secondary Education develop a model policy for allergy prevention and response and a guide for childcare providers.  Some legislators suggest that would be better handled by a different agency.

      Representative Anthony Ealy (D-Grandview) said it doesn’t matter to him from where the policy comes, as long as it is exhaustive.

Representative Anthony Ealy (Photo: Tim Bommel, Missouri House Communications)

      “I think that DESE because childcare facilities fall under DESE, they should have a part to play in it, but it does make sense for the Department of Health to also have a voice in it.  I just want the best professionals to be able to create a model,” Ealy said. 

      Committee Chairman Kent Haden (R-Mexico) said those are fair concerns, but at the heart of the bill is a serious issue that deserves attention.

      “It’s a catch-22 sometimes we need to be aware of.  I had a neighbor, a young lady that went on a float trip and ate muffins that had sesame seeds on them and died on the float trip … an allergy is a very severe, death threatening event,” Haden said.

      Also sponsoring the same language is Representative Emily Weber (D-Kansas City), who said regardless of whether this bill becomes law, she hopes it raises awareness among the state’s childcare facilities. 

Representative Emily Weber (Photo: Tim Bommel, Missouri House Communications)

      “I would hope that daycare centers would hear a bill like this and start working on their procedures, on what happens if they accept a child who has horrible, maybe peanut allergies, which is like the most common one.  I would hope that they would kind of move together and figure out their solution and their procedures on what to do,” Weber said. 

      “When something like [what happened to Elijah] happens, it can happen in an instant, and it’s all about timing at that point.  Making sure you have the procedure:  okay, the child’s going into anaphylactic shock, what do we do next?  Where’s the epi-pen?  Who do we call?  Things like that.”

      Similar proposals were filed by Weber and Ealy last year but neither was the subject of a hearing.  Both say they are just glad to see the language getting traction, with Schulte’s version.

      “I’m super excited about that.  I’m so happy that Representative Schulte had a hearing … Representative Haden is a huge supporter of this bill.  I talked to him last session about it … he read my bill and said this is a really good bill,” Weber said.

      The Healthcare Reform Committee has not voted on Schulte’s bill. Weber’s version is House Bill 2036, and Ealy’s version is House Bill 2364.

Radio stations note: “Alavi” in Elijah-Alavi Silvera is pronounced like “Allah-vee”

Note to reporters: though sometimes reported otherwise, Elijah-Alavi Silvera had an allergy to dairy, not peanuts. This was confirmed by his father, Thomas.

Family of girl with rare condition urges House to ‘Believe in Gianna,’ help raise awareness of Sanfilippo Syndrome

      The family of a little girl afflicted with what is sometimes called “childhood Alzheimer’s” is asking the legislature to make her birthday a day to raise awareness, to thereby improve the lives of other children faced with this rare condition.

Gianna Wacker and Rep. Holly Jones

      Gianna Marie Wacker wasn’t expected to live past her early teens.  When she sat with her family in a House committee hearing last week she was exceeding those expectations. 

      “Our Gianna is a unicorn.  Her doctors describe her as that because she’s 15 years old, and she’s still doing pretty good, so we’re proud to have her here today,” Representative Holly Jones (R-Eureka) told her fellow legislators.

      Gianna smiled through the entire hearing, as her siblings, parents, and grandparents laughed and smiled with her, proud of their “unicorn.”  Just feet away, Jones and others fought back tears explaining Gianna’s condition, Mucopolysaccharidosis type III, more commonly called “Sanfilippo Syndrome.”  It is thought to affect as few as nine out of every million babies born, worldwide. 

      “It’s a terminal, neurodegenerative disease.  It causes children to lose all the skills that they’ve developed over their young lives,” Jones said. 

      Gianna’s younger brother, Luke, told lawmakers, “Because of this disease, G has never learned to read.  She used to be able to play soccer and enjoy dance class.  She is losing the ability to write letters to her friends and communicate appropriately.”

      What they’re asking of the legislature is to make November 13 each year, “Believe in Gianna Day.”

      “A naming bill doesn’t seem very powerful, but awareness is the key factor in this disease to help promote a cure,” explained her father, Jackson Wacker.  “Rare disease, as most of you know, is a difficult situation for any family, for any individual, and the most powerful thing we can do is to raise money to help find a cure, and awareness is a key component in that.  [‘Believe in Gianna’] will not only be a huge win for our family, but  a huge win for any child suffering from a rare disease that will take their life.”

      Gianna’s mother, Theresa Wacker, said awareness is also important for potentially helping other children who have the condition but it hasn’t been diagnosed.  She explained to the House Committee on Tourism that before doctors finally stumbled upon Gianna’s diagnosis on June 15, 2021, the family had been wondering for six years what was wrong. 

The Wacker family (left to right) Gianna, Luke, Jackson, Theresa, Rep. Holly Jones, and Emma Kate, and in front is Anna.

      “Nobody has heard about this, [most] doctors don’t know about this.  They’ve never even heard of this syndrome, so with G’s story and telling her story to so many others, not just in Missouri, around the United States, to help a child get a diagnosis sooner in life is huge,” Theresa said. 

      Backers of House Bill 2580 explained that an earlier diagnosis could mean that a child would be more likely to get into medical trials.  Such trials could benefit not only participants but others suffering from the condition, as doctors search for a cure.

      Theresa said the bill also seeks to build on, and continue, what’s been happening in her community.  Since Gianna’s diagnosis, there have been several fundraising events, including two golf tournaments held at a local golf club; signs have sprung up around Eureka with the word “believe,” in Gianna’s handwriting; and more than $100,000 has been raised for the Cure Sanfilippo Foundation. 

      “This is a movement,” Theresa told the committee.  “G is moving mountains right now.  She is changing the world with her smile every minute of the day, and that is what we hope to do and continue to do, so [Believe in Gianna Day], it would be amazing for not just her but for all these children in the world suffering from this.”

      Jones said what the family has done has been truly inspiring, and they hope a Believe in Gianna Day will expand it.

      “There are a couple of different types of people in this world:  those that allow tragedy and travesty to completely break them down and shatter their lives, or the other kind, that rallies together, holds on to those that they love, and moves on in the most positives ways in a devastating situation, and that’s what this family has done,” said Jones.

      As Luke Wacker put it, “Please consider Believe in G Day in Missouri to celebrate not only my sister but all these other children suffering from Sanfilippo Syndrome.  We believe in G, and I want all of you to believe in G too.”

      Note to media outlets:  the original version of the bill would have created “Believe in G Day,” but the committee voted to change that (with the family’s blessing) to “Believe in Gianna Day.”  Some audio cuts reflect the earlier version of the proposal.

VIDEO: ‘Valentine’s Law’ named in honor of fallen detective, would target those fleeing from law enforcement

Law enforcement from throughout the state joined Representative Justin Sparks (R-Wildwood), House Speaker Dean Plocher (R-St. Louis), Senator Tracy McCreery (D-St. Louis County) and Missouri Attorney General Andrew Bailey (R) to talk about Sparks’ House Bill 1692.

The bill, which is backed by the Law Enforcement Legislative Coalition (LELC), would create “Valentine’s Law,” named for St. Louis County Police Detective Tony Valentine. Detective Valentine died in the line of duty in 2021 after his vehicle was struck head-on by a suspect fleeing authorities in a stolen vehicle.

HB 1692 would create the offense of “aggravated fleeing from a stop or detention of a motor vehicle.” This would make it a felony for an individual to knowingly evade law enforcement during an attempted vehicle stop.

See what law enforcement and these officials had to say about HB 1692 and senate version, which is sponsored by Sen. McCreery, and about how the bill would honor Detective Valentine:

VIDEO: ‘Baby Box,’ created by House efforts, used for first time to safely surrender a newborn

For the first time in Missouri a “Baby Box,” allowed in state law thanks to a 2021 House bill, has been used to safely hand over a newborn to emergency officials.

Last Thursday a baby girl believed to have been several hours old was left in the “Safe Haven Baby Box” at a Mehlville Fire Protection District Station 2. The child was taken to a local hospital, and is now in state custody. Authorities said she is in perfect health.

For mothers in need of help, the Safe Haven Crisis Line is (866) 99BABY1, or visit shbb.org

The Baby Box, installed in August and the only one in Missouri, is built into an outer wall at the Fire Station. It allowed the mother to place the girl into a bassinet and close the door. This triggered alarms in the fire station to let personnel know that a child had been relinquished.

Missouri law has since 2002 allowed for babies to be dropped off at places including hospitals and fire stations. The 2021 proposal from Representative Jim Murphy (R-St. Louis) to allow Baby Boxes in Missouri meant to expand on that 2002 law, to allow a person to drop off a baby without interacting with anyone, and with complete anonymity.

Murphy shared the news with his fellow legislators on Monday, and commended the little girl’s mother.

See our earlier story on the installation of this Baby Box

“She should be honored for making a great decision for a baby girl, who now will have a fruitful life,” said Murphy. “I personally would like to thank everybody in this body who voted for that bill, because today we celebrate life and saving a baby’s life, and I think that’s something worth celebrating and I think we should all be very proud of that.”

Tougher penalties proposed for those who roam neighborhoods checking car doors

      One state lawmaker says too many Missourians don’t feel safe in their own neighborhoods, and he believes tougher laws are the answer. A House panel has endorsed his proposal.

Representative Jim Murphy (Photo: Tim Bommel, Missouri House Communications)

      Representative Jim Murphy (R-St. Louis) says groups of individuals are routinely going through neighborhoods in his south St. Louis County district seeking opportunities to steal from homes and cars.  This typically involves pulling door handles on multiple cars, looking for those that are unlocked.

      “This is happening every night in St. Louis County, every single night.  If you have a Ring doorbell you get these neighborhood alerts.  Every single day I get, oh they’re checking doors in this neighborhood, they’re checking doors in that neighborhood.  It’s just something now that is neighborhood terrorism,” Murphy told the House Committee on Crime Prevention and Public Safety. 

      “They also go and check for the garage door openers, and they open the garage door and they go in and pilfer the garage.  They’ve gotten more bold, because now not only are they doing that but they see you have cameras, so what they do is they show their weapons daring you to come out.”

      Murphy told his colleagues that the people committing these acts feel no fear of punishment.  He said the way Missouri statutes are written doesn’t cover these acts, or they fall under crimes which carry too little punishment.  In incidents involving juveniles, the penalties are so lenient that when law enforcement does catch them in these acts, they are often simply let go.    

      He is sponsoring House Bill 1510, which would create the crime of “unlawfully gaining entry into a motor vehicle,” defined by the act of lifting the handles of, or otherwise attempting to open, the doors of successive vehicles in an attempt to gain entry.  It would be a class E felony, punishable by up to four years in jail and a fine of up to $10,000. 

      It would also extend the crime of second-degree burglary to include unlawfully entering a vehicle, or any part of a vehicle, with the intent to commit a felony or theft.  A person could commit such an offense with any part of the body, or with an object connected with the body.  Burglary is a class D felony, which carries up to seven years in prison.  If a person violating this provision has or steals a firearm, it would be a class C felony, punishable by three to ten years in prison.

      “I voted for it in the past, I intend to vote for it now,” Representative Robert Sauls (D-Independence) told Murphy, but he questioned the design of the legislation.  He and others on the committee asked whether these acts could fall under existing crimes without creating a new offense.

      Murphy said it’s time to be more pointed.

      “Doesn’t it send a message?  If there’s a law out there that says you can’t tamper with, pull a door handle … now the word’s out,” Murphy said.  “I think you really need it to be specific to make it known that this is the crime.”

      At least one committee member, Representative Holly Jones (R-Eureka), said she is in full support.

      “This has happened to me in my driveway, in my neighborhood.  They have come through my neighborhood and opened garage doors stealing things out of the garage, they have tried getting into the vehicles, some other vehicles have been damaged on the inside … This is absolutely ridiculous because there are no consequences,” Jones told Murphy. 

      The committee has voted to advance that bill. It will next be considered by another committee, and from there could be sent to the full House for consideration.