House takes action on public safety, veterans mental health and initiative petition reform

The House this week sent to the Senate an extensive bill aimed at reducing crime in Missouri. Among its provisions are several proposed changes to how juveniles are treated by the state's legal system; the launch of a collaborative fight against online harassment and stalking; and Blair's Law, which would increase penalties for what has become known as "celebratory gunfire."

Numerous components of HB1659 had previously been approved by the legislature last year under Senate Bill 189, which was subsequently vetoed by Gov. Mike Parson (R). Notably, the reasons cited for the veto are not part of HB 1659, and the governor expressed support for several provisions that have been retained.

Emphasizing crime prevention as a top priority this year, House leadership sees the early transmission of this bill to the Senate, just six weeks into the session, as a significant step toward its potential enactment.

Regarding juvenile offenders, the bill proposes changes to the circumstances triggering a certification hearing, determining whether a young offender should be treated as an adult by the courts. The age range for an optional certification hearing would shift from 12 to 18 to 14 to 18. The court, a juvenile officer, or the child's custodian typically initiates such hearings. Mandatory certification hearings, presently required for young offenders charged with specific severe crimes, would apply to children aged 12 to 18. The bill also mandates the State Courts Administrator to collect and annually release information on how often courts petition to certify juveniles as adults.

Under HB 1659, offenders under 18 in the state's correctional system would be physically segregated from older counterparts, with educational programs providing high school diplomas or equivalents. The bill eliminates parole for offenders under 18 found guilty of second-degree murder involving, knowing, or causing another person's death, a departure from the current eligibility after 15 years, except for first-degree murder convictions.

Another aspect of the bill establishes the "Stop Cyberstalking and Harassment Task Force" in response to victims feeling overlooked by law enforcement. With an estimated one million victims of online harassment or stalking in the U.S., the Task Force aims to develop prevention best practices, victim treatment guidelines, recommend training, coordinate law enforcement and victims' rights groups, and create public education plans, starting its activities by October.

Proposed for the 12th time, Blair's Law is named after Blair Shanahan Lane, who lost her life on July 4, 2011, due to a stray bullet fired carelessly into the air more than half a mile away. Addressing the absence of state laws on "celebratory gunfire," HB 1659 outlines Blair's Law, designating firing a gun within or into municipal limits as "unlawful discharge of a firearm." Penalties include a misdemeanor for the first offense, a class E felony for the second, and a class D felony, carrying up to seven years in prison, for subsequent offenses.

Other provisions in HB 1659 would:

• Increase penalties for assaulting a law enforcement animal, up to a class D felony if the assault causes the death of the animal. Such crimes are currently a class C misdemeanor.
• Change the law to allow a prosecutor in a jurisdiction in which a person was convicted to file a motion to vacate or set aside that person's judgment, to allow such a motion to be filed by a prosecutor in the jurisdiction in which charges were filed.
• Expand the definition of a "persistent offender" to include a person who has been previously found guilty of a dangerous felony as declined by law, which includes crimes like first-degree rape and first-degree arson.
• Restore minimum prison terms for offenders with prior felony convictions who are convicted of armed criminal action and make armed criminal action an unclassified felony.
• Add to the offense of endangering the welfare of a child in the first degree the knowing encouraging, aiding or causing of a child younger than 17 to engage in a violation of the law relating to weapons offenses.
• Create the class C felony of delivery of a controlled substance causing serious physical injury, and the class A felony of delivery of a controlled substance causing death.
• Allow cities and counties to create a division of civilian oversight or similar entity to oversee police agencies. The power of such entities would be limited to receiving, investigating, making findings, and recommending disciplinary action stemming from complaints by members of the public against police personnel.
• Create a fund to capture money from any government grant, private gift, donation, bequest, or other sources to be used for funding local offices of the State Public Defender.

The bill passed out of the House with a vote of 120-26 on Monday and now heads to the Senate for consideration. With the adoption of an emergency clause on the bill, the legislation can be passed into law more quickly.

Veteran mental health support

In a significant move toward prioritizing the mental health and wellbeing of Missouri veterans who have selflessly served our nation, the Missouri House has third read and passed House Bill 1495. This legislation, which passed with a unanimous bipartisan vote of 157-0, would task the Missouri Veterans Commission with expanding its work to prevent veteran suicide by mandating a comprehensive review of the Commander John Scott Hannon Veterans Mental Health Care Improvement Act of 2019 and its associated regulations by the Missouri Veterans Commission.

Under the provisions of HB 1495, the Missouri Veterans Commission, in collaboration with the Department of Mental Health, is tasked with providing recommendations and implementing measures to curb veteran suicide. This encompasses the adoption of procedures, programs, treatment options, additional aid, and any other necessary assistance, subject to appropriation.

The issue of veteran suicide has been one of great importance to Missouri and the United States as a whole. A U.S. Department of Veterans Affairs report revealed that 6,392 veterans nationwide lost their lives to suicide in 2021, marking an increase of more than 100 lives from the previous year. In Missouri, 185 military veterans died by suicide that year, with the 2023 federal report indicating a veteran suicide rate in Missouri significantly surpassing the national average.

"We have a lot more veterans committing suicide than the general public. Our rate of veteran suicides is 45.2 per 100,000, but the national average is 33.9. Missouri's statistics are significantly higher than the national average," the bill sponsor said. "It does not really matter what the number is. I don't care about how Missouri ranks -- we have too many veterans taking their lives. Just one is too many."

The legislation underscores a proactive approach in addressing the mental health challenges faced by veterans, recognizing the need for tailored and effective support mechanisms. Collaborative efforts between the Missouri Veterans Commission and the Department of Mental Health aim to establish a comprehensive framework that goes beyond conventional methods to ensure the well-being of those who have served our country.

A key provision of HB 1495 mandates that, on or before July 1, 2025, and every July 1 thereafter, the Missouri Veterans Commission must submit a detailed report to the Department of Public Safety and the General Assembly. This report will encompass recommendations, the implementation of measures, and the overall effectiveness of the Commission's efforts to prevent veteran suicide.

By taking proactive steps outlined in HB 1495, the state aims to set a precedent for other regions in addressing the critical issue of veteran suicide. The bipartisan support for the passage of House Bill 1495 underscores the collective dedication to prioritizing the mental health and well-being of Missouri's veterans and ensuring they receive the necessary resources and support for fulfilling lives beyond their military service.

"These types of services are crucial in preventing veteran suicides. If we can prevent one suicide today ... we can start turning this into a downward trend," the bill sponsor said. "Every Missourian can make a difference. We can take that step today."

Initiative petition reform

This week, the Missouri House passed HB 1749, proposing significant changes to the state's initiative petition (IP) and referendum process. The legislation aims to amend the Constitution by introducing specific formatting standards and imposing new requirements for U.S. citizenship or Missouri residency for petition circulators.

Key provisions of the bill include setting deadlines for challenges to ballot titles, establishing a residency requirement for paid signature gatherers, and limiting participation to Missouri residents or those residing in the state for at least 30 days. Notably, the legislation also prohibits payment to signature gatherers on a per-signature basis.

In an effort to enhance efficiency and integrity, HB 1749 seeks to revolutionize the state's IP process by standardizing approval procedures. Here is a breakdown of some of the components of the bill:

• Standardized petition signature pages: The bill mandates that initiative and referendum petition signature pages be printed on a specified form determined by the Secretary of State. These forms must be available electronically, and signatures must be recorded using black or dark ink.
• Circulator requirements: Petition circulators must be U.S. citizens, residents of Missouri, or physically present in the state for at least 30 consecutive days before collecting signatures. Additionally, they are prohibited from receiving compensation based on the number of signatures collected.
• Federal law limitation: No petition is allowed to claim the nullification or amendment of federal law.
• Adjudication timing: Final adjudication on challenges to the official ballot title or fiscal note must occur less than eight weeks before the scheduled election.
• Review by state officials: The secretary of state and attorney general are tasked with reviewing petitions for compliance with specific statutes, the Missouri Constitution, and the U.S. Constitution.
• Voter challenge eligibility: Only registered voters in Missouri are permitted to challenge the official ballot title or fiscal note.
• Advance submission of sample sheets: Initiative and referendum petition sample sheets must be submitted to the secretary of state six months prior to the upcoming general election.
• Invalidation of signatures: If a court substantially alters the content of the official ballot title, all signatures collected before such changes are invalidated.
• Repeal of hearing requirement: The bill repeals the requirement for the Joint Committee on Legislative Research to hold a hearing on proposed measures within 30 days of petition certification.

The bill's sponsor emphasized the importance of passing this legislation in an effort to protect the state's ever-growing constitution. Since 1945, Missouri's constitution has been amended more than 60 times, while the U.S. Constitution has been amended just 17 times since 1791. Missouri has one of the largest state constitutions and is one of 18 states allowing initiative petitions for constitutional changes, with one of the easier processes for amending the constitution.

"This bill is about protecting our constitution. Missourians deserve a constitution shaped by their voices, not swayed by out-of-state influences or money. Initiative petition reform is a crucial step in ensuring that the power to shape our state's future remains firmly in the hands of its people, free from undue external pressures," the bill sponsor said. "This proposal, if passed, puts Missourians in control of their destiny, safeguarding the integrity of our democratic process through thoughtful and necessary reforms."

With a vote of 104-41, the bill now proceeds to the Missouri Senate for consideration.

Jamie Burger is a state representative for District 148 in the Missouri General Assembly where he also serves as the assistant majority floor leader.