SECOND REGULAR SESSION

HOUSE BILL NO. 1698

95TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVE STEVENSON.

4449L.01I                                                                                                                                                  D. ADAM CRUMBLISS, Chief Clerk

AN ACT

To repeal section 455.501, RSMo, and to enact in lieu thereof one new section relating to child orders of protection.

Be it enacted by the General Assembly of the state of Missouri, as follows:

            Section A. Section 455.501, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 455.501, to read as follows:

            455.501. As used in sections 455.500 to 455.538, the following terms mean:

            (1) "Abuse", any physical injury, sexual abuse, or emotional abuse inflicted on a child other than by accidental means by an adult household member, or stalking of a child. Discipline including spanking, administered in a reasonable manner shall not be construed to be abuse;

            (2) "Adult household member", any person [eighteen] seventeen years of age or older or an emancipated child who resides with the child in the same dwelling unit;

            (3) "Child", any person under [eighteen] seventeen years of age;

            (4) "Court", the circuit or associate circuit judge or a family court commissioner;

            (5) "Ex parte order of protection", an order of protection issued by the court before the respondent has received notice of the petition or an opportunity to be heard on it;

            (6) "Full order of protection", an order of protection issued after a hearing on the record where the respondent has received notice of the proceedings and has had an opportunity to be heard;

            (7) "Order of protection", either an ex parte order of protection or a full order of protection;

            (8) "Petitioner", a person authorized to file a verified petition under the provisions of sections 455.503 and 455.505;

            (9) "Respondent", the adult household member, emancipated child or person stalking the child against whom a verified petition has been filed;

            (10) "Stalking", when an adult purposely and repeatedly engages in an unwanted course of conduct with regard to a child that causes another adult to believe that a child would suffer alarm by the conduct. As used in this subdivision:

            (a) "Course of conduct" means a pattern of conduct composed of repeated acts over a period of time, however short, that serves no legitimate purpose. Such conduct may include, but is not limited to, following the other person or unwanted communication or contact;

            (b) "Repeated" means two or more incidents evidencing a continuity of purpose; and

            (c) "Alarm" means to cause fear of danger of physical harm;

            (11) "Victim", a child who is alleged to have been abused by an adult household member.

•