Missouri SB 328: Modifies provisions relating to unlawful possession of firearms

Bill Text

EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE BILL NO. 328
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR MCCREERY.
0271S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 455.050, 455.523, 565.076, 565.227, and 571.070, RSMo, and to enact in lieu
thereof five new sections relating to unlawful possession of firearms, with penalty
provisions and an emergency clause.

Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 455.050, 455.523, 565.076, 565.227, 1
and 571.070, RSMo, are repealed and five new sections enacted 2
in lieu thereof, to be known as sections 455.050, 455.523, 3
565.076, 565.227, and 571.070, to read as follows:4
455.050. 1. Any full or ex parte order of protection 1
granted pursuant to sections 455.010 to 455.085 shall be to 2
protect the petitioner from domestic violence, stalking, or 3
sexual assault and may include such terms as the court 4
reasonably deems necessary to ensure the petitioner's 5
safety, including but not limited to: 6
(1) Temporarily enjoining the respondent from 7
committing or threatening to commit domestic violence, 8
molesting, stalking, sexual assault, or disturbing the peace 9
of the petitioner, including violence against a pet; 10
(2) Temporarily enjoining the respondent from entering 11
the premises of the dwelling unit of the petitioner when the 12
dwelling unit is: 13
(a) Jointly owned, leased or rented or jointly 14
occupied by both parties; or 15

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(b) Owned, leased, rented or occupied by petitioner 16
individually; or 17
(c) Jointly owned, leased, rented or occupied by 18
petitioner and a person other than respondent; provided, 19
however, no spouse shall be denied relief pursuant to this 20
section by reason of the absence of a property interest in 21
the dwelling unit; or 22
(d) Jointly occupied by the petitioner and a person 23
other than respondent; provided that the respondent has no 24
property interest in the dwelling unit; or 25
(3) Temporarily enjoining the respondent from 26
communicating with the petitioner in any manner or through 27
any medium. 28
2. Mutual orders of protection are prohibited unless 29
both parties have properly filed written petitions and 30
proper service has been made in accordance with sections 31
455.010 to 455.085. 32
3. When the court has, after a hearing for any full 33
order of protection, issued an order of protection, it may, 34
in addition: 35
(1) Award custody of any minor child born to or 36
adopted by the parties when the court has jurisdiction over 37
such child and no prior order regarding custody is pending 38
or has been made, and the best interests of the child 39
require such order be issued; 40
(2) Establish a visitation schedule that is in the 41
best interests of the child; 42
(3) Award child support in accordance with supreme 43
court rule 88.01 and chapter 452; 44
(4) Award maintenance to petitioner when petitioner 45
and respondent are lawfully married in accordance with 46
chapter 452; 47

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(5) Order respondent to make or to continue to make 48
rent or mortgage payments on a residence occupied by the 49
petitioner if the respondent is found to have a duty to 50
support the petitioner or other dependent household members; 51
(6) Order the respondent to pay the petitioner's rent 52
at a residence other than the one previously shared by the 53
parties if the respondent is found to have a duty to support 54
the petitioner and the petitioner requests alternative 55
housing; 56
(7) Order that the petitioner be given temporary 57
possession of specified personal property, such as 58
automobiles, checkbooks, keys, and other personal effects; 59
(8) Prohibit the respondent from transferring, 60
encumbering, or otherwise disposing of specified property 61
mutually owned or leased by the parties; 62
(9) Order the respondent to participate in a court- 63
approved counseling program designed to help batterers stop 64
violent behavior or to participate in a substance abuse 65
treatment program; 66
(10) Order the respondent to pay a reasonable fee for 67
housing and other services that have been provided or that 68
are being provided to the petitioner by a shelter for 69
victims of domestic violence; 70
(11) Order the respondent to pay court costs; 71
(12) Order the respondent to pay the cost of medical 72
treatment and services that have been provided or that are 73
being provided to the petitioner as a result of injuries 74
sustained to the petitioner by an act of domestic violence 75
committed by the respondent; 76
(13) Award possession and care of any pet, along with 77
any moneys necessary to cover medical costs that may have 78
resulted from abuse of the pet. 79

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4. If the court issues, after a hearing for any full 80
order of protection, an order of protection, the court shall 81
also: 82
(1) Prohibit the respondent from knowing