Showing posts with label HB 495. Show all posts
Showing posts with label HB 495. Show all posts

Tuesday, August 26, 2025

Missouri Now Allows Forfeiture of Vehicles for Resisting Arrest

Missouri House Bill 495, signed by Governor Mike Kehoe, now allows for impoundment and forfeiture of a vehicle if the driver is convicted of a felony for resisting arrest.

However, if the vehicle was stolen, the legal owner can retain legal rights to reclaim it. They can file a police report, provide proof of ownership, and request a post-seizure hearing. Owners need to prove that the vehicle was stolen, they had no knowledge or involvement in the crime, and they took reasonable steps to report the theft.

To recover a lost title, owners can apply for a duplicate title with the Missouri Department of Revenue. Fill out all owner and vehicle details, such as the VIN, year, make, your legal name, and Missouri address. Your signature must be notarized. Cost is $8.50 for a duplicate title fee and $6 for a processing fee for a total of $14.50.

Some jurisdictions can require payment of towing or storage fees even if the owner was not at fault. Owners can request a waiver.

House Bill 495 does not override existing protections for innocent owners. Missouri courts have typically upheld the principle that forfeiture should not punish uninvolved parties.

The preceding does not constitute legal advice. Please consult an attorney regarding your specific situation.

 

Sunday, August 3, 2025

New Missouri Law Criminalizes Stunt Driving, Street Takeover

On March 26th, 2025, Governor Mike Kehoe signed into law HB 495. While most of the attention focused on the creation of a citizen-led board to oversee the St. Louis Police Department, there are other aspects of the law as well.

HB 495 creates the new crimes of Stunt Driving and Street Takeover. Stunt driving involves drivers performing donuts, burnouts, hill jumping, and other stunts with vehicles.

The Missouri Department of Public Safety says that “street takeovers” involve acts where participants block roads and intersections for the purpose of performing such stunts with their vehicles. Momentum for the law was created after a 15 year old boy was shot and killed at a “street takeover.”

Stunt driving and street takeovers will now be specific crimes under state law. The first offense is a Class B Misdemeanor. The second offense is a Class A Misdemeanor. The third and subsequent offense is a Class E Felony.

HB 495 also allows certain Missouri cities to enact ordinances that would subject to forfeiture the vehicle of a person whose license to operate a motor vehicle was suspended or revoked because of two or more violations of stunt driving or street takeover where the person was driving and another person was injured or killed.

Under Missouri law, a Class B Misdemeanor can result in up to 6 months in jail. A Class A Misdemeanor can result in 1 year. A Class E Felony can result in 4 years.

 

Sunday, February 23, 2025

House Passes Bill to Combat Crime

This week, the Missouri House of Representatives passed HCS #2 HB 495, a sweeping public safety measure aimed at addressing crime, policing, and penalties for various offenses across the state. The bill, sponsored by State Representative Brad Christ, introduces significant changes designed to enhance public safety and address law enforcement challenges statewide.

A key provision in the bill establishes a new Board of Police Commissioners to oversee the St. Louis Police Department, effective August 28, 2025. The new board will consist of four local citizen commissioners, along with the Mayor of St. Louis, providing direct authority over the city’s police force.

Proponents argue this move will bring stability, improve public safety, and address issues related to rising crime and officer retention. Critics, however, see it as an unnecessary shift away from local governance.

"For over a century, things remained unchanged, but after the shift, we’ve seen the police force stretched thin and crime rise. Some argue crime is down—I disagree. When you factor in population decline due to crime, the per capita numbers tell a different story. Crimes are underreported, multiple incidents are counted as one, and justifiable homicides skew the data,” Rep. Christ, R-St. Louis, said. “The truth is this: since the boards changed, the city has lost nearly 40,000 residents—a 13% decline. Over 500 businesses have left since 2019. More than a thousand officers have walked away. The patrol budget has been slashed by tens of millions. Investors won’t commit. These are the indisputable facts that speak louder than any manipulated crime stat."

Other notable provisions in the bill include:

—Enhanced Penalties for Stunt Driving and Street Takeovers: Repeat offenders will now face felony charges, aiming to curb dangerous driving behaviors.

—Strengthened Child Welfare Protections: First-degree child endangerment will be classified as a "dangerous felony," especially when involving fentanyl or other drugs.

—Expanded Definition of Rioting: The legislation broadens the scope of rioting and increases penalties, while removing the need to prove conspiracy in related offenses.

—School Safety Committee: A new Committee on School Safety will be created to develop guidelines to prevent school firearm violence.

—Immigration Reporting: Law enforcement agencies will be required to report the immigration status of criminal offenders to the state.

—Increased Penalties for Crime: The bill introduces tougher penalties for crimes like burglary, organized retail theft, tampering with water supplies, and sex trafficking of minors.

The bill also includes provisions that allow law enforcement agencies to request assistance from other jurisdictions, including out-of-state agencies. Additionally, it permits police vehicles involved in undercover operations to forgo using audible or visual signals when conducting surveillance or speed enforcement.

“This bill is a vital step forward in making Missouri’s communities safer,” Rep. Christ said. “By increasing accountability, providing the resources law enforcement needs, and implementing tougher penalties for crime, we are taking proactive measures to protect Missouri families. This robust bill will create a foundation for a safer Missouri.”

With a vote of 106-47, HB 495 now heads to the Missouri Senate for further review.