Missouri HB 1803: Changes the laws regarding school reporting requirements to law enforcement

Bill Text

SECOND REGULAR SESSION
HOUSE BILL NO. 1803
99TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE MATTHIESEN.
4342H.02I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 160.261 and 167.117, RSMo, and to enact in lieu thereof two new sections
relating to requirements of school officials to report certain acts.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 160.261 and 167.117, RSMo, are repealed and two new sections
2 enacted in lieu thereof, to be known as sections 160.261 and 167.117, to read as follows:
160.261. 1. The local board of education of each school district shall clearly establish
2 a written policy of discipline, including the district's determination on the use of corporal
3 punishment and the procedures in which punishment will be applied. A written copy of the
4 district's discipline policy and corporal punishment procedures, if applicable, shall be provided
5 to the pupil and parent or legal guardian of every pupil enrolled in the district at the beginning
6 of each school year and also made available in the office of the superintendent of such district,
7 during normal business hours, for public inspection. All employees of the district shall annually
8 receive instruction related to the specific contents of the policy of discipline and any
9 interpretations necessary to implement the provisions of the policy in the course of their duties,
10 including but not limited to approved methods of dealing with acts of school violence,
11 disciplining students with disabilities and instruction in the necessity and requirements for
12 confidentiality.
13 2. The policy shall require school administrators to report acts of school violence to all
14 teachers at the attendance center and, in addition, to other school district employees with a need
15 to know. For the purposes of this chapter or chapter 167, "need to know" is defined as school
16 personnel who are directly responsible for the student's education or who otherwise interact with
17 the student on a professional basis while acting within the scope of their assigned duties. As
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended
to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

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18 used in this section, the phrase "act of school violence" or "violent behavior" means the exertion
19 of physical force by a student with the intent to do serious physical injury as defined in section
20 556.061 to another person while on school property, including a school bus in service on behalf
21 of the district, or while involved in school activities. The policy shall at a minimum require
22 school administrators to report, as soon as reasonably practical, to the appropriate law
23 enforcement agency any of the following crimes, or any act which if committed by an adult
24 would be one of the following crimes:
25 (1) First degree murder under section 565.020;
26 (2) Second degree murder under section 565.021;
27 (3) Kidnapping under section 565.110 as it existed prior to January 1, 2017, or
28 kidnapping in the first degree under section 565.110;
29 (4) First degree assault under section 565.050;
30 (5) Rape in the first degree under section 566.030;
31 (6) Sodomy in the first degree under section 566.060;
32 (7) Burglary in the first degree under section 569.160;
33 (8) Burglary in the second degree under section 569.170;
34 (9) Robbery in the first degree under section 569.020 as it existed prior to January 1,
35 2017, or robbery in the first degree under section 570.023;
36 (10) Distribution of drugs under section 195.211 as it existed prior to January 1, 2017,
37 or manufacture of a controlled substance under section 579.055;
38 (11) Distribution of drugs to a minor under section 195.212 as it existed prior to January
39 1, 2017, or delivery of a controlled substance under section 579.020;
40 (12) Arson in the first degree under section 569.040;
41 (13) Voluntary manslaughter under section 565.023;
42 (14) Involuntary manslaughter under section 565.024 as it existed prior to January 1,
43 2017, involuntary manslaughter in the first degree under section 565.024, or involuntary
44 manslaughter in the second degree under section 565.027;
45 (15) Second degree assault under section 565.060 as it existed prior to January 1, 2017,
46 or second degree assault under section 565.052;
47 (16) Rape in the second degree under section 566.031;
48 (17) Felonious restraint under section 565.120 as it existed prior to January 1, 2017, or
49 kidnapping in the second degree under section 565.120;
50 (18) Property damage in the first degree under section 569.100;
51 (19) The possession of a weapon under chapter 571;

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52 (20) Child molestation in the first degree pursuant to section 566.067 as it existed prior
53 to January 1, 2017, or child molestation in the first, second, or third degree pursuant to se