SB 951

SECOND REGULAR SESSION
  SENATE BILL NO. 951
  103RD GENERAL ASSEMBLY
  INTRODUCED BY SENATOR MOON.
 5132S.01I  KRISTINA MARTIN, Secretary
  AN ACT
 To repeal sections 541.033, 562.071, 563.026, and 565.002, RSMo, and to enact in lieu thereof
  five new sections relating to the protection of unborn children, with a referendum
  clause.
 Be it enacted by the General Assembly of the State of Missouri, as follows:
1Section  A.        Sections  541.033,  562.071,   563.026,        and
2  565.002, RSMo, are repealed and five new sections enacted in
3  lieu thereof, to be known as sections 1.207, 541.033, 562.071,
4  563.026, and 565.002, to read as follows:
11.207.        1. This section shall be known and may be
2  cited as the "Equal Protection Act".
32.     Acknowledging the sanctity of innocent human life,
4  created in the image of God, it is the intent of the general
5  assembly:
6(1)      To acknowledge the sanctity of innocent human
7  life, created in the image of God, which should be equally
8  protected from the beginning of biological development to
9  natural death;
10(2)      To acknowledge the Constitution of the United
11  States as overriding anything in the constitution of this
12  state contrary to it, as it provides, "This Constitution,
13  and the Laws of the United States which shall be made in
14  Pursuance thereof...shall be the supreme Law of the Land;
15  and the Judges in every State shall be bound thereby, any
 EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
 and is intended to be omitted in the law.
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16 Thing in the Constitution or Laws of any State to the
17 Contrary notwithstanding.";
18(3)    To follow the Constitution of the United States,
19 which requires that "[n]o state...shall deny to any person
20 within its jurisdiction the equal protection of the laws";
21(4)    To fulfill that constitutional requirement by
22 protecting the lives of preborn persons with the same
23 criminal and civil laws protecting the lives of born persons
24 by repealing provisions that permit willful prenatal
25 homicide or assault;
26(5)    To protect pregnant mothers from being pressured
27 to abort by repealing provisions that may otherwise allow a
28 person to solicit, aid, or direct a mother to abort her
29 child;
30(6)    To ensure that all persons potentially subject to
31 such laws are entitled to due process protections; and
32(7)    To abolish abortion in this state.
333.    Unless specifically provided otherwise, enforcement
34 is subject to the same presumptions, defenses,
35 justifications, laws of parties, immunities, and clemencies
36 as would apply where the victim is a person who had been
37 born alive.
1541.033.   1. Persons accused of committing offenses
2 against the laws of this state, except as may be otherwise
3 provided by law, shall be prosecuted:
4(1) In the county in which the offense is committed; or
5(2) If the offense is committed partly in one county
6 and partly in another, or if the elements of the crime occur
7 in more than one county, then in any of the counties where
8 any element of the offense occurred.
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92. Persons accused of committing the offenses of
10 identity theft against the laws of this state in sections
11 570.223, 570.224, and 575.120 shall be prosecuted:
12(1) In the county in which the offense is committed;
13(2) If the offense is committed partly in one county
14 and partly in another, or if the elements of the offense
15 occur in more than one county, then in any of the counties
16 where any element of the offense occurred;
17(3) In the county in which the victim resides; or
18(4) In the county in which the property obtained or
19 attempted to be obtained was located.
203.    Persons accused of committing an offense against
21 the laws of this state under chapter 565 where the victim is
22 an unborn child shall be prosecuted:
23(1)    In the county in which the offense is committed;
24(2)    If the offense is committed partly in one county
25 and partly in another, or if the elements of the offense
26 occur in more than one county, then in any of the counties
27 where any element of the offense occurred;
28(3)    In the county in which the accused resides;
29(4)    In the county in which the victim resides; or
30(5)    In the county in which the accused is apprehended.
1562.071.   1. It is an affirmative defense that the
2 defendant engaged in the conduct charged to constitute an
3 offense because he or she was coerced to do so, by the use
4 of, or threatened imminent use of, unlawful physical force
5 upon him or her or a third person, which force or threatened
6 force a person of reasonable firmness in his situation would
7 have been unable to resist.
82. The defense of "duress" as defined in subsection 1
9 is not available:
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10(1) As to the [crime] offense of murder, except where
11 the victim is an unborn child and the defendant is the
12 child's mother;
13(2) As to any offense when the defendant recklessly
14 places himself or herself in a situation in which it is
15 probable that he or she will be subjected to the force or
16 threatened force described in subsection 1 of this section.
1563.026.   1. Unless inconsistent with other provisions
2 of this chapter defining justifiable use of physical force,
3 or with some other provision of law, conduct which would
4 otherwise constitute any offense other than a class A felony
5 or murder is justifiable and not criminal when it is
6 necessary as an emergency measure to avoid an imminent
7 public or private injury which is about to occur by reason
8 of a situation occasioned or developed through no fault of
9 the actor, and which is of such gravity that, according to
10 ordinary standards of intelligence and morality, the
11 desirability of avoiding the injury outweighs the
12 desirability of avoiding the injury sought to be prevented
13 by the statute defining the offense charged.
142. The necessity and justifiability of conduct under
15 subsection 1 of this section may not rest upon
16 considerations pertaining only to the morality and
17 advisability of the statute, either in its general
18 application or with respect to its application to a
19 particular class of cases arising thereunder.      Whenever
20 evidence relating to the defense of justification under this
21 section is offered, the court shall rule as a matter of law
22 whether the claimed facts and circumstances would, if
23 established, constitute a justification.
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243. Conduct which would otherwise constitute any
25 offense is justifiable and not criminal when it is a lawful
26 medical procedure:
27(1)   Performed by a licensed physician;
28(2)   Performed on a pregnant female to avert the death
29 of the pregnant female;
30(3)   That results in the accidental or unintentional
31 death of the unborn child the pregnant female is carrying;
32 and
33(4)   Performed when all reasonable alternatives to save
34 the life of the unborn child:
35(a)   Are unavailable; or
36(b)   Were attempted unsuccessfully before the
37 performance of the medical procedure.
384. The defense of justification under this section is
39 an affirmative defense.
1565.002.   As used in this chapter, unless a different
2 meaning is otherwise plainly required the following terms
3 mean:
4(1) "Adequate cause", cause that would reasonably
5 produce a degree of passion in a person of ordinary
6 temperament sufficient to substantially impair an ordinary
7 person's capacity for self-control;
8(2) "Child", a person under seventeen years of age;
9(3) "Conduct", includes any act or omission;
10(4) "Course of conduct", a pattern of conduct composed
11 of two or more acts, which may include communication by any
12 means, over a period of time, however short, evidencing a
13 continuity of purpose.      Constitutionally protected activity
14 is not included within the meaning of course of conduct.
15 Such constitutionally protected activity includes picketing
16 or other organized protests;
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17(5) "Deliberation", cool reflection for any length of
18 time no matter how brief;
19(6) "Domestic victim", a household or family member as
20 the term "family" or "household member" is defined in
21 section 455.010, including any child who is a member of the
22 household or family;
23(7) "Emotional distress", something markedly greater
24 than the level of uneasiness, nervousness, unhappiness, or
25 the like which are commonly experienced in day-to-day living;
26(8) "Full or partial nudity", the showing of all or
27 any part of the human genitals, pubic area, buttock, or any
28 part of the nipple of the breast of any female person, with
29 less than a fully opaque covering;
30(9) "Legal custody", the right to the care, custody
31 and control of a child;
32(10) "Parent", either a biological parent or a parent
33 by adoption;
34(11) "Person", includes a human being, including an
35 unborn child at every stage of development from the moment
36 of fertilization until birth;
37(12) "Person having a right of custody", a parent or
38 legal guardian of the child;
39[(12)] (13)   "Photographs" or "films", the making of
40 any photograph, motion picture film, videotape, or any other
41 recording or transmission of the image of a person;
42[(13)] (14)   "Place where a person would have a
43 reasonable expectation of privacy", any place where a
44 reasonable person would believe that a person could disrobe
45 in privacy, without being concerned that the person's
46 undressing was being viewed, photographed or filmed by
47 another;
48[(14)] (15)   "Special victim", any of the following:
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49(a) A law enforcement officer assaulted in the
50 performance of his or her official duties or as a direct
51 result of such official duties;
52(b) Emergency personnel, any paid or volunteer
53 firefighter, emergency room, hospital, or trauma center
54 personnel, or emergency medical technician, assaulted in the
55 performance of his or her official duties or as a direct
56 result of such official duties;
57(c) A probation and parole officer assaulted in the
58 performance of his or her official duties or as a direct
59 result of such official duties;
60(d) An elderly person;
61(e) A person with a disability;
62(f) A vulnerable person;
63(g) Any jailer or corrections officer of the state or
64 one of its political subdivisions assaulted in the
65 performance of his or her official duties or as a direct
66 result of such official duties;
67(h) A highway worker in a construction or work zone as
68 the terms "highway worker", "construction zone", and "work
69 zone" are defined under section 304.580;
70(i) Any utility worker, meaning any employee of a
71 utility that provides gas, heat, electricity, water, steam,
72 telecommunications services, or sewer services, whether
73 privately, municipally, or cooperatively owned, while in the
74 performance of his or her job duties, including any person
75 employed under a contract;
76(j) Any cable worker, meaning any employee of a cable
77 operator, as such term is defined in section 67.2677,
78 including any person employed under contract, while in the
79 performance of his or her job duties; and
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80(k) Any employee of a mass transit system, including
81 any employee of public bus or light rail companies, while in
82 the performance of his or her job duties;
83[(15)] (16)   "Sudden passion", passion directly caused
84 by and arising out of provocation by the victim or another
85 acting with the victim which passion arises at the time of
86 the offense and is not solely the result of former
87 provocation;
88[(16)] (17)   "Trier", the judge or jurors to whom
89 issues of fact, guilt or innocence, or the assessment and
90 declaration of punishment are submitted for decision;
91[(17)] (18)   "Views", the looking upon of another
92 person, with the unaided eye or with any device designed or
93 intended to improve visual acuity, for the purpose of
94 arousing or gratifying the sexual desire of any person.
1Section B.    The provisions of this act apply
2 prospectively only and not retroactively.        It applies only
3 to offenses committed, or causes of action that arise, on or
4 after the effective date of this act.
1Section C.    This act is hereby submitted to the
2 qualified voters of this state for approval or rejection at
3 an election which is hereby ordered and which shall be held
4 and conducted on Tuesday next following the first Monday in
5 August, 2026, under the applicable laws and constitutional
6 provisions of this state for the submission of referendum
7 measures by the general assembly, and this act shall become
8 effective when approved by a majority of the votes cast
9 thereon at such election and not otherwise.
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