As swatting incidents spike House weighs tougher penalties

      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.

      “Frequently people will make a false call for the purpose of harassing someone, discriminating against someone.  It affects their reputation, their business, there’s a lot of consequences to some of these false reports and some of it’s pretty darn malicious,” said Roberts.  “The difficulty is that the penalties for doing that now are pretty mild compared to the potential for injury that goes with a call like that.  It’s just not something that we can put up with.”

        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.”

      Roberts explained, “This specifically says the person who makes the false report for the purpose of doing any of the enumerated things … we’re talking about, what’s the intent of the call?”

      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. 

      The bill would hold any person convicted under its provisions liable for the costs of any emergency response caused by their false report.  They could also be sued by any victims.  Roberts said that is because swatting can cause, “damage to someone’s business, their reputation, their ability to make a living, their livelihood, so if someone engages in that kind of conduct for the purpose of causing harm to someone’s livelihood, then by all means they should be accountable.”

      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.”

      “These were later confirmed in the press to be attempts at swatting against schools.  The act of swatting turns law enforcement officers against the population that they serve,” said Kadosh.

      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.

Pronunciations:

Kadosh = kah-DOEsh

House votes to extend opportunities for more jobs, greater salaries to persons with disabilities

The House has voted to expand access to job opportunities and greater salaries to Missourians with disabilities by passing legislation that, backers say, will let those people simply live their lives.

Representative Melanie Stinnett (Photo: Tim Bommel, Missouri House Communications)

House Bills 970 and 971 make changes to the state’s Ticket to Work health insurance program within MO HealthNet.  The key provisions increase the limit to how much a person can earn before they would lose benefits under Ticket to Work and disregard up to $50,000 of a spouse’s income, relative to that limit.  It will also direct state agencies to have policies to recruit and keep employees with disabilities and create competitive ways to integrate them into workforces.

      The bills are carried by Representative Melanie Stinnett (R-Springfield), whose career in healthcare and as a speech-language pathologist has included a great deal of focus on serving the disabled community.  She said she is honored to sponsor this legislation.

      “It provides language that tells individuals with disabilities that we value them as important members of our community.  It allows these individuals to enjoy the opportunity to enjoy competitive, integrated employment by decreasing barriers imposed by government,” said Stinnett.

      She said these changes address outdated statutes that might have made sense in their time, but set limits that today are far too low. 

“The restrictions we have in place limited them from being able to utilize the degrees that they had and the skills and the trades that they had in our communities in an effective way, and with today’s work force crunch, too, we certainly don’t want to be limiting our workforce,” said Stinnett.

      The legislation has been offered in the House for about eight years.  One person who has carried it throughout that time, Representative Sarah Unsicker (D-Shrewsbury), said individuals with disabilities have Missouri’s lowest unemployment rate, largely due to discrimination and lack of accommodation and understanding.

Representative Bridget Walsh Moore (Photo: Tim Bommel, Missouri House Communications)

      “Disability is a natural part of the human condition that affects everybody at some point in their lives, some sooner than others.  The existence of a disability should not stop somebody from working and living to their fullest capacity,” said Unsicker.  “There are people right now with master’s degrees who cannot work because of services they need just to get out of bed and survive and be physically able to meet the day even if they are mentally able to do incredible work.  This will help them be taxpayers to the fullest extent of their ability.  This will help people get jobs.”

      Representative Bridget Walsh Moore (D-St. Louis) is a Missourian living and working with a disability and has also for several years sponsored this legislation.  She said some people in the disabled community choose not to get married because if they do while the current limits are in place, they will lose their health benefits under Ticket to Work.

In her own life, said Walsh Moore, “If anything were to happen to me, my husband makes over $60,000.  We would receive nothing from the state, zero support, and $60,000 for the two of us plus our child is not enough, especially with any medical needs I might have,” said Walsh Moore.

      She said individuals need the benefits provided by that coverage to function daily, to hold jobs, and to live with dignity.  She said she often thinks of a friend of hers who is in her 20s and has a master’s degree.

“She had to go to her job and say ‘Cap my salary at 40 grand.’  They wanted to pay her almost double that and she had to say no because even 80-thousand won’t make up enough to cover the assistance [she needs].  She is in a powered wheelchair so she has someone who helps her in morning and night, in getting in and getting out of bed and all that, and it’s not enough.”

“Missouri is losing out twice.  They’re losing out on her income tax, and that’s another 40-grand that would have gone into our economy,” said Walsh Moore.

      She said the provisions aimed at state agencies are intended to create a system that can be a model outside of government.

Representative Sarah Unsicker (Photo: Tim Bommel, Missouri House Communications)

      “As the system stands, we have sheltered workshops and we have full competitive employment and no bridge in between.  What this would do is basically set up the state as a model employer.  Basically, we will figure out a program ourselves.  All state departments will hire people with disabilities.  We’ll kind of work out the kinks, figure out the program ourselves, and then we can sell it to corporate America,” Walsh Moore explained.  “A lot of corporations I’ve talked to are very interested.  They like the idea, they just don’t know what that looks like, and so we’re taking that burden off of them and saying we’ll do it first and we’ll figure it out.”

      Stinnett, who is in her first year in the House, said this was one of the first issues she asked about taking up. 

      “It’s something that’s come up in my work life outside of this building and was a really important thing to me that I found disability legislation that I could get across the finish line that would make a difference for our everyday Missourians living with disabilities.”

      The House voted 151-0 to send the legislation to the Senate, and has amended it to other bills.

Proposed Parkinson’s registry could foster work toward treatments and a cure

      Missouri could be a leader in creating a knowledge base to help understand and fight Parkinson’s disease, under a bill approved by a House committee.

Representative Travis Smith (Photo: Tim Bommel, Missouri House Communications)

      House Bill 822 would create the Parkinson’s disease registry to collect general information about people diagnosed with that disease and to be kept by the University of Missouri.  It would be used to identify commonalities between patients that could lead to a greater understanding of who is likely to develop Parkinson’s, and help to develop preventative measures, treatments, and perhaps even a cure.

      Bill sponsor Travis Smith (R-Dora) told the House Committee on Children and Families, “Little is known about Parkinson’s.  It is distributed among different population groups and the patterns of the disease are changing over time.  Knowing who has Parkinson’s will also assist researchers in acquiring more information about the causes of Parkinson’s, [which are] believed to be a combination of environmental and genetic factors.”

      “The whole idea with [HB 822] is:  we collect this data and we start learning from it and we prevent this happening to future generations.”

      Smith’s inspiration for carrying the proposal was a family friend, Ann Dugan, who often joined his family for dinner each year on Thanksgiving.

“[Ann] got Parkinson’s, and every year I saw her progress and get worse and worse and worse.  The hardest part for her was her mind was still 100% intact.  She was a brilliant lady, had a master’s degree, but her body functions – she could no longer control even her movement.  It just broke my heart and I could see how much frustration she was in year after year.”

      The registry would be part of a larger national effort in coordination with the Centers for Disease Control (CDC), which has created a National Neurological Conditions Surveillance Program.  That program would gather data on Parkinson’s that could be used by researchers internationally, as they look for a cure.

      Before it begins collecting data, however, it needs several states to be online.   Julie Pitcher with the Michael J. Fox Foundation for Parkinson’s Research said Missouri could be the fifth state in the nation with such a registry. 

      “We are on a quest to get better data,” Pitcher told the committee.  “Patients really do want to be part of this to look for long-term effects, genetic predispositions, biomarkers, and other reasons that they may be living with Parkinson’s, and for future generations.”

      Roughly 20-thousand to 30-thousand Missourians are believed to have Parkinson’s.  Nationally that number is about 1.2-million, and Pitcher said the rate of diagnosis is expected to increase.

“There is a rise and we don’t know why.  We do know that many veterans are exposed to toxic burn pits and other chemicals.  There are folks that work in fields and are exposed to very, very toxic chemicals – herbicides like paraquat – and then we are expecting a larger number of folks … those who were in their 20s fighting in Afghanistan who we believe are now in their 40s and we expect more diagnoses coming as they age into their 50s.  It usually presents itself in their 50s but we are seeing more, younger members, particularly women, are now being diagnosed younger.”

Researchers hope the registry would help answer the question as to why an increase in instances of Parkinson’s diagnoses is occurring. 

The registry would not include personally identifying information and patients could choose not to be included at all.  Smith said he made sure that was the case before moving forward with the proposal.

“That’s one thing I’ve always been super concerned about, is people’s privacy.  This will not have people’s names on it.  This will basically be like HIPAA where all their information is hidden away … the University of Missouri will collect this data and then start working with other universities and hopefully come up with solutions.”

      He said what it would include are things like, “What your age group is; geographical – where have you been, where have you been, what have you done; occupation – were you in the military, were you a farmer, were you a teacher, were you a lawyer.  It’s going to be very broad.”

      The committee voted 10-0 to advance that bill to another committee, and from there it could go on to the full House.

House votes to bar invasive patient exams without consent

      The Missouri House has voted unanimously to end the practice of performing certain invasive medical exams on patients who are unconscious and have not given consent. 

Representative Hannah Kelly (Photo: Tim Bommel, Missouri House Communications)

      Legislators learned that in Missouri and elsewhere, medical students and residents in teaching hospitals are allowed and even instructed to perform anal, prostate, or pelvic exams on unconscious patients as part of their instruction. 

“That’s a really bad practice because it’s not a good way of teaching students, but it’s also incredibly traumatic and harmful for that patient, to know that they could have been violated while they were unconscious,” said Matthew Huffman with the Missouri Coalition against Domestic and Sexual Violence.

Representative Hannah Kelly (R-Mountain Grove) agrees and she sponsors House Bill 283, which would require informed consent from the patient or someone authorized to make decisions for them, unless the exam is deemed necessary for diagnostic purposes, or for the collection of evidence when a crime is suspected and the patient cannot give consent for medical reasons.  If an exam is performed the patient would have to be notified. 

      “This bill is aimed at making sure that those who are survivors of trauma don’t have to experience further trauma as they go seek healthcare from their provider,” said Kelly.  “I want to make sure that sexual assault survivors can confidently walk into their doctor’s office and know that they are empowered to be in control of the process and that there are no surprises.  I have seen firsthand how important that is to strengthen the individual.”

      Huffman explained that this issue is particularly important for the people his organization works to protect.

      “The harm a survivor may feel is retriggering for the simple fact that we know survivors of sexual violence have felt a loss of their own bodily autonomy, and it can be retriggering to find out that someone performed an exam on you while you were unconscious without you being able to give specific consent.”

      Kelly said she has seen what Huffman is talking about through her daughter, who has given Kelly permission to speak publicly about her experience and encouraged her to pursue related policy.   

“She is someone who has dealt with the unfortunate situation of being a victim of sexual assault … we all need healthcare, right?  Someone who is a victim of assault, that’s a paramount kind of subconscious concern is, ‘Okay, am I going to be safe?  Am I going to be in control of this situation?’” 

      Both Kelly and Huffman say whether this bill becomes law this year, they hope it will help call attention to what has been happening to some patients and what people can do now.  They encourage people to ask questions when visiting a medical practitioner. 

      “I would hope that an individual who might … feel like they’re not getting full disclosure or they feel like they have questions, I hope he or she will raise their hand and say, ‘I have some questions.  What are we going to do here today?  There’s not going to be any surprises, right?  Walk me through what’s going to happen once I go under anesthesia,” said Kelly.  “That’s what I would hope, is that people feel empowered to hold up their hand and say, ‘Hey, make sure that I understand what’s happening here, please.’”

      Huffman said what is as important as anything about this proposal, which has come up for several years now but has yet to reach the governor, is that it’s made people aware that these incidents are happening.

Representative Patty Lewis (Photo: Tim Bommel, Missouri House Communications)

      “As soon as we started talking to people about it, everyone’s jaw immediately drops open [as if to say] how is this a thing that could even still be occurring and why have I never heard about it?  So that’s why we really wanted to bring a lot of attention to the issue because once people know that it’s a thing they absolutely want to make sure that it’s no longer a practice that can happen.”

      Representative Patty Lewis (D-Kansas City) was one of the legislators who expressed the surprise Huffman references, when HB 283 reached the House Floor.

“Last year was when I was first made aware of this practice, and I worked in academic, teaching hospitals and wasn’t aware that was going on.  Quite frankly I was shocked … is this really, really happening?”

      Huffman said what is not known is how often such instances are occurring, largely because they aren’t always reported.

“For anyone who has experienced this, they become aware of it after the fact, and that can be a really traumatic thing to want to speak openly about.”

      HB 283 was sent to the Senate on a 157-0 vote and awaits action in that chamber.  A similar measure has been advancing through the Senate.

Production note: some of Rep. Kelly’s audio was overmodulated and not fit for air, so it is quoted here but not linked.

House budget proposal aims to help people when they want help with addictions

      The budget proposal that the House will consider this week includes $4.5-million for a drug treatment network that targets people with addiction issues at a most crucial time:  when they are seeking help, and before they get discouraged and fall away.

      “This is [Federally Qualified Health Care Centers] money to address our, not just our opioid, [but] our addiction crises,” said Marshfield representative John Black (R), the sponsor of this funding item.  “The key language in the description,” he said, “is the [words] ‘prevention network.’”

      Black told his colleagues on the House Budget Committee that professionals in Missouri know there are many good treatment options available in the state for those who are dealing with substance abuse disorders, but those options aren’t always well connected.  It is the gaps between resources through which people seeking treatment often fall.

“A person who presents for treatment, by that I mean comes into a doctor’s office or a clinic’s office and says, ‘I’ve got a problem, I need help,’ may not be able at that time to see a psychiatrist or a physician and may need to come back for an appointment like everybody else, but people with those kinds of problems don’t do well sometimes with coming back.  There needs to be, if possible, someone who can work with them almost immediately to keep them in the network to try to get them back to the medical providers when it’s time to do that, by encouraging them, coaching them, helping them understand the process.”

      That’s where, Black said, the network supported by this budget item would come in. 

“There would be some professional – counselor, caseworker – that would be available.  That would be their purpose, to help people stay in a mentality to be able to take the next step.”

“This is an approach … to try to do something that we haven’t effectively done yet to deal with addiction problems … a comprehensive approach to try to develop networks to help these folks,” said Black.

The proposal was added to the budget on a unanimous voice vote.  Springfield Democrat Betsy Fogle encouraged other budget committee members to support it.

“We’ve had a lot of conversations about the substance abuse crisis our country’s facing and this is a great step,” said Fogle.  “Something I really like about this proposal is I think it addresses patients that don’t have insurance, patients who have Medicaid, patients who have private insurance; all Missourians for all walks of life.  We know there’s a shortage of providers for each and every one of those groups of people.”

      The proposed item includes a combination of state and federal money, half of which will go through a network in the Springfield area, with the other half available for any similar program elsewhere in the state that is ready to do the same work. 

      That spending proposal is part of the committee’s budget plan that will be debated by the full House this week, and from there could be advanced to the Senate for its consideration.  It is found in House Bill 11.

House votes to increase state efforts against veteran suicide

      The House has voted to improve the state’s efforts to prevent suicide among its veteran population. 

Representative Dave Griffith (Photo: Tim Bommel, Missouri House Communications)

      Representatives voted 156-0 for House Bill 132, which directs the Missouri Veterans Commission to work with the Department of Mental Health to come up with recommendations on how Missouri can prevent veteran suicide.  It would require the Commission to report annually, beginning June 30, 2024, on new recommendations and on the implementation and effectiveness of the state’s efforts.

      The bill is sponsored by Jefferson City Republican Dave Griffith, a U.S. Army Veteran who served with the 8th Special Forces Group as a Green Beret.  He has spent much of his career in the House dealing with veterans’ issues, and with ways to stem suicide not only among current and former service members but in the population in general.

“Many of you know, I’m very passionate about this.  I can tell you of friends that I’ve lost in the last month – veterans that have committed suicide.  A young man that was 27 years old, that grew up across the street from me took his own life.  This has got to stop,” said Griffith.

      Griffith speaks often of the social media campaign #22, and his personal goal of decreasing or eliminating what that number represents. 

      “#22 stands for the number of veterans that commit suicide every day … If we can start to look at programs and we can look at procedures that can be done and best practices that are being done by not only our state but throughout the entire United States, we can start making a difference in this, but we need to do more than just talk.  We need to do research.  We need to look at non-traditional methods of treating [post-traumatic stress disorder, traumatic brain injury] and veteran suicide.”

Representative Ashley Bland Manlove (Photo: Tim Bommel, Missouri House Communications)

      Though he and others in the legislature and state government have been talking about these issues for years and developing related programs, Griffith said Missouri has a long way to go.  Representative Ashley Bland Manlove (D-Kansas City), who has served in the Missouri National Guard, agreed. 

“For a lot of people these conversations about mental health are brand new … so a lot of people are still like, ‘When I was in the military we just had to grunt through it, and talking about your emotions made you weak,’ but what we have found out is that that’s not true.”

“I think the biggest population that we should be talking about is the one percent of American population that raises their right hand for this country,” continued Bland Manlove.  “The best way that we can thank our veterans for their dedication and work to this country is by taking care of them.”

Rogersville Republican Darin Chappell (R) has a great deal of experience with the issues faced by military members and their families, as he is a veteran of the Navy and the Army Reserves and has many service members in his family. 

      “I have long believed, and have advocated for, the philosophy:  ‘If we send them we have to mend them, and we have to bring them all the way home.’  It’s time for us to do all that we can to make sure that occurs.”

      Before casting their votes for the measure, legislators reflected about their own personal experiences.  St. Clair Republican Brad Banderman solemnly told his colleagues, “About two years ago my little sister laid down on the grave of my older brother that shot himself in 1990 and killed herself.  Anything that we can do as a legislature, as a body, as individuals, to help prevent the suicide of our veterans, I’m in full support of.”

Representative Brad Banderman (Photo: Tim Bommel, Missouri House Communications)

      Missouri as of 2020 had the 14th highest suicide rate in the U.S., with about 1,125 people having died by suicide in that year.  The rate among veterans is approximately 1.5 higher than in the rest of the population, and experts are telling legislators they fear that suicide rates are going to increase. 

      “I think we need to do better and I think this is a good start,” said Representative Robert Sauls (D-Independence)

      The same bill passed out of the House last year but did not come to a final vote in the Senate. 

      Anyone in need of help for themselves or someone else for a mental health, substance abuse, or suicide crisis is encouraged to call 988.