Representative Jim Neely

Representative Jim Neely Capitol Report

Greetings, friends of the 8th Legislative District!

Protecting Victims of Sexual Offenses (SB 819)

Missouri will no longer have a statute of limitations on the prosecution of sex crimes against children under a bill that has already been signed into law.

The legislation contains a number of provisions including one that removes Missouri’s statute of limitations in criminal cases involving such crimes. Missouri’s statutes had blocked prosecution of these crimes once 30 years had passed after the alleged victim turned 18.

As the sponsor said, “It was brought to my attention that often these [crimes] are suppressed by the victims, and particularly in the case of young men or boys. They don’t want to talk about it; they can actually repress those memories and not [be] able to remember that these things occurred until much later in life. To have that statute of limitations appeared to me to be denying some victims their opportunities to ultimately have the perpetrator brought to justice.”

Supporters say cases of abuse against a child might go unreported for years. They hope the passage of the new law and coverage of it will also encourage some people to come forward who might not have otherwise. They note that more than 30 other states have no statute of limitation for child sexual abuse prosecutions.

The sponsor of the bill added, “It is a victory for these victims of child sex crimes and if it helps, in any way, their recovery, it certainly is a worthwhile effort, and for that I’m grateful that we were able to get it done.”

The bill also includes language that will allow prosecutors to pursue cases within 30 years of the identification of the source of DNA found at a crime scene, even if the statute of limitations on that crime might otherwise have run out. It will only apply to cases for which that identification is made after the bill takes effect, on August 28.

Taking Additional Steps to Protect Children (SB 819)

The legislation that removes the statute of limitations on the prosecution of sex crimes against children also contains several other provisions meant to better protect young people from harm. The wide-ranging bill takes a multi-faceted approach to ensure the health and well-being of children throughout Missouri.

One provision of the bill would ensure the state acts quickly to protect children when a parent pleads guilty or is convicted of crimes such as child pornography or child molestation. Previously, Missouri law left the decision on how to act in the situation to the state’s discretion and did not require an automatic referral to the court system. The bill approved this session requires a juvenile officer or an official with the state’s Children’s Division to file a petition to terminate parental rights if the parent pleads guilty or is convicted of these heinous crimes. With this, the state will be able to act quickly and decisively to protect young people from potentially dangerous situations.

Another of the bill’s provisions would facilitate better communication and sharing of information with child abuse and neglect investigations. The bill would make it easier for the state’s Children’s Division and other state agencies to share information, and would better allow for the sharing of information between states. The change is in part a response to a tragic situation where a Kansas boy was killed by his father and stepmother, who had moved back and forth between Kansas and Missouri. Supporters of the bill say the tragedy could have been prevented if states had been able to share information regarding the child’s abuse.

Some of the other provisions in the bill require the Children’s Division to retain all information regarding a child abuse investigation for 10 years, even if there is insufficient evidence of abuse or neglect; require reports where the Division is unable to locate a child alleged to have been abused or neglected to be maintained for 18 years from the date of the report; and create the "Trauma-Informed Care for Children and Families Task Force” that will promote the healthy development of children and families by promoting comprehensive trauma-informed support systems and interagency cooperation.

Strengthening the MO ABLE Program for Missourians with Disabilities (SB 882)

The Missouri General Assembly passed legislation this year that will allow families greater flexibility when saving for their children’s future. The bill, which has already been signed into law by the governor, would allow families to transfer funds without a tax penalty from a MOST 529 college savings account to a Missouri Achieving a Better Life Experience (MO ABLE) savings account in the event a student develops a disability prior to the age of 26.

The goal with the change is to give families more options to deal with an unexpected diagnosis that changes their life plan. With the change, families can make smart financial decisions for their child’s future without the government penalizing them. By being able to transfer the college savings to a MO ABLE account, they will be able to improve the child’s quality of life and put the child on a better path toward self-sufficiency.

MO ABLE is a program that empowers Missourians living with disabilities to save and invest through tax-free savings accounts without losing eligibility for federal programs like Medicaid and Supplemental Security Income (SSI). The tax-advantaged accounts can be used to help maintain health, independence, and quality of life.

The legislation passed this year will make Missouri law consistent with federal tax treatment and allows a family to use the money saved in a more beneficial way since college is not always an option for a child with disabilities.

Celebrating America's Independence

It's a holiday that many mark with its date, and while most simply refer to it as the Fourth of July, the people of this great nation cannot and should not forget its true designation as Independence Day. This special day is far more than just another on the calendar, or a reason to take time off from work. It is recognition of the battles fought; the lives given; and the peace that was forged in order to form a more perfect union. It is a celebration of all that makes America great and a reminder that the freedoms that define this nation were hard-earned, and require the continued commitment of the American people to maintain.

Interestingly, while the nation will celebrate its independence on July 4, it is the date of July 2, 1776 that marks when a closed session of Congress first approved a resolution of independence. In fact, it was John Adams who wrote, “The second day of July, 1776 will be the most memorable epoch in the history of America. I am apt to believe that it will be celebrated, by succeeding Generations, as the great anniversary festival.” Adams missed the mark by two days, as the nation now celebrates the date shown on the Declaration of Independence, but his point remains valid about the annual celebration that occurs in recognition of this nation's greatness.

As Americans gather this Independence Day to enjoy time with family and friends, eat some barbecue, watch some fireworks, or however they choose to celebrate, it's important to remember the date itself is not what defines this holiday. Yes, many will always refer to the holiday as the Fourth of July, but the true meaning of this annual celebration is to remind all Americans about the struggle this nation underwent to achieve independence, and to give them an appreciation for how abundantly blessed they are to live in a nation where they are truly free. America is the greatest nation on earth and the American people have reason to be truly thankful for all they have not only on Independence Day, but on each and every day the United States continues to be the land of the free and the home of the brave.

Yours in service,

Representative Jim Neely

Proudly Serving the 8th House District
Clinton, Caldwell, Ray, & Clay Counties

Missouri House of Representatives
573-751-0246

The Caldwell County News

101 South Davis
P.O. Box 218
Hamilton, MO 64644
Phone: 816-583-2116
news@mycaldwellcounty.com

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