FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 40.295 — MO Code / Chapter 40 / Section 40.295
40.295 Strikes, assaults or willfully disobeys, warrant officer — noncommissioned ...
Status: in_force

40.295. Strikes, assaults or willfully disobeys, warrant officer — noncommissioned officer — petty officer, court-martial, when. — Any warrant officer or enlisted member shall be punished as a court-martial may direct who:

(1) Strikes or assaults a warrant officer, noncommissioned officer or petty officer, while that officer is in the execution of his office;

(2) Willfully disobeys the lawful order of a warrant officer, noncommissioned officer, or petty officer; or

(3) Treats with contempt or is disrespectful in language or deportment toward a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of his office.

(L. 1984 H.B. 1035 § 92)
Mo. Rev. Stat. § 86.573 — MO Code / Chapter 86 / Section 86.573
86.573 Books and accounts subject to inspection.
Status: in_force

86.573. Books and accounts subject to inspection. — The treasurer shall be the custodian of said pension fund, subject to the control and direction of the board and shall keep a separate rate book and complete account concerning said fund, in such manner as may be prescribed by the board, and the books and accounts shall always be subject to the inspection of the board or any member thereof, and said treasurer shall be personally liable, and also liable on his bond executed to the city for the purpose of becoming said officer of the city. On the expiration of his term of office, he will surrender and deliver over to his successor all unexpended moneys and all property and evidence of indebtedness, and all other papers and records which may have come to his possession as treasurer of such funds.

(RSMo 1939 § 9488) Prior revision: 1929 § 8927
Mo. Rev. Stat. § 189.080 — MO Code / Chapter 189 / Section 189.080
189.080 Eligibility requirements for patients.
Status: in_force

189.080. Eligibility requirements for patients. — Any high risk patient residing in the state of Missouri who is in need of services because of his * condition, who has been certified by a licensed physician as having a high risk condition and who, as a person, can probably benefit from such services and who is otherwise financially unable to pay for such services shall be entitled to health services without charge to the limit of the appropriations provided for in ** sections 189.010 to 189.085 . Any high risk patient who, or whose parents, guardian, or other person legally chargeable with the support of the patient, is able to pay a portion but not all of the expenses for the required services for the patient, shall be entitled to the services if the patient or parent, guardian, or other person legally charged with the support of the patient shall pay such portion of the expenses to the hospital and physician as the patient or parent, guardian, or other person legally charged with the support of the patient is reasonably able to pay. Provided, however, that where the patient is eligible, payments will be made for such services through Medicaid, or other insurance benefits available to the patient will be utilized to the fullest extent. The benefits available under these sections shall not replace those provided under other federal or state law or under other contractual or legal entitlements of the persons receiving them. Persons entitled to health services may obtain these from any available provider of services with which an agreement is in effect under this section. The funds made available for the purposes of sections 189.010 to 189.085 shall be disbursed so as to insure full payment for the financially eligible for those conditions of highest risk in accord with priorities to be recommended by the coordinating committee and adopted by the director.

(L. 1974 H.B. 1686 § 15) *Word "their" appears in original rolls. **Word "in" does not appear in original rolls.
Mo. Rev. Stat. § 532.020 — MO Code / Chapter 532 / Section 532.020
532.020 Application, how made — petition and oath.
Status: in_force

532.020. Application, how made — petition and oath. — Application for the writ shall be made by petition, signed by the party for whose relief it is intended, or by some person in his behalf, to some court of record, or to any judge thereof other than a municipal judge. The petition shall be verified by the oath of the applicant, or some other competent person and shall state in substance by whom the party for whom the relief is prayed is imprisoned or restrained of his liberty, and the place where, naming both parties, if their names are known, or describing them if they are not, all the facts concerning the imprisonment or restraint, and the true cause thereof, to the best of the knowledge and belief of the party, and that no application for the relief sought has been made to or refused by any court, officer or officers, superior to the one to whom the petition is presented; and, if the imprisonment is alleged to be illegal, the petition also shall state in what the illegality consists.

(RSMo 1939 § 1591, A.L. 1955 p. 776, A.L. 1978 H.B. 1634) Prior revisions: 1929 § 1427; 1919 § 1877; 1909 § 2442 Effective 1-02-79
Mo. Rev. Stat. § 558.016 — MO Code / Chapter 558 / Section 558.016
558.016 Extended terms for prior criminal conduct — definitions — sentencing.
Status: in_force

558.016. Extended terms for prior criminal conduct — definitions — sentencing. — 1. The court may sentence a person who has been found guilty of an offense to a term of imprisonment as authorized by section 558.011 or to a term of imprisonment authorized by a statute governing the offense if it finds the defendant is a prior offender or a persistent misdemeanor offender. The court may sentence a person to an extended term of imprisonment if:

(1) The defendant is a persistent offender or a dangerous offender, and the person is sentenced under subsection 7 of this section;

(2) The statute under which the person was found guilty contains a sentencing enhancement provision that is based on a prior finding of guilt or a finding of prior criminal conduct and the person is sentenced according to the statute; or

(3) A more specific sentencing enhancement provision applies that is based on a prior finding of guilt or a finding of prior criminal conduct.

2. A "prior offender" is one who has been found guilty of one felony.

3. A "persistent offender" is one who has been found guilty of two or more felonies committed at different times, or one who has been previously found guilty of a dangerous felony as defined in subdivision (19) of section 556.061 .

4. A "dangerous offender" is one who:

(1) Is being sentenced for a felony during the commission of which he knowingly murdered or endangered or threatened the life of another person or knowingly inflicted or attempted or threatened to inflict serious physical injury on another person; and

(2) Has been found guilty of a class A or B felony or a dangerous felony.

5. A "persistent misdemeanor offender" is one who has been found guilty of two or more offenses, committed at different times that are classified as A or B misdemeanors under the laws of this state.

6. The findings of guilt shall be prior to the date of commission of the present offense.

7. The court shall sentence a person, who has been found to be a persistent offender or a dangerous offender, and is found guilty of a class B, C, D, or E felony to the authorized term of imprisonment for the offense that is one class higher than the offense for which the person is found guilty.

(L. 1977 S.B. 60, A.L. 1980 H.B. 1138, et al., A.L. 1981 H.B. 554, A.L. 1990 H.B. 974, A.L. 2003 S.B. 5, A.L. 2005 H.B. 353, A.L. 2014 S.B. 491, A.L. 2024 S.B. 754, et al.) (1986) Evidence of prior conviction may include admission of such conviction under direct examination or cross examination, or a memorandum of such conviction from the court division file. State v. Hughes, 713 S.W.2d 11 (Mo.App.E.D.).
Mo. Rev. Stat. § 494.465 — MO Code / Chapter 494 / Section 494.465
494.465 Challenge of jury on grounds that it was not selected in conformity with ...
Status: in_force

494.465. Challenge of jury on grounds that it was not selected in conformity with sections 494.400 to 494.505. — 1. A party may move to stay the proceedings or for other appropriate relief including, in a criminal case, to quash the indictment if there has been a substantial failure to comply with the declared policy of sections 494.400 to 494.505 in selecting a grand jury, on the ground of substantial failure to comply with the provisions of sections 494.400 to 494.505 . Such motion may be made at any time before the petit jury is sworn to try the case or within fourteen days after the moving party discovers or by the exercise of reasonable diligence could have discovered the grounds therefor, whichever occurs later.

2. Upon motion filed under subsection 1 of this section containing a sworn statement of facts which, if true, would constitute a substantial failure to comply with sections 494.400 to 494.505 , the moving party is entitled to present in support of the motion the testimony of any competent witness or any relevant records and papers not public or otherwise available used by the board of jury commissioners and any other relevant evidence. If the court determines that in selecting either a grand jury or a petit jury there has been substantial failure to comply with the declared policy of sections 494.400 to 494.505 , the court shall stay the proceedings pending the selection of the jury in conformity with the declared policy or grant other appropriate relief.

3. The procedures prescribed by this section are the exclusive means by which a party in a case may challenge a jury on the ground that the jury was not selected in conformity to sections 494.400 to 494.505 .

(L. 1989 S.B. 127, et al.)
Mo. Rev. Stat. § 288.390 — MO Code / Chapter 288 / Section 288.390
288.390 State to comply with minimum standards prescribed by federal law.
Status: in_force

288.390. State to comply with minimum standards prescribed by federal law. — If the Federal Unemployment Tax Act, the Federal Social Security Act or other related federal laws are amended to provide minimum standards for the payment of unemployment benefits, such standards shall become a part of this law to the extent necessary to entitle employers subject to this law to claim the maximum allowable credit against the federal unemployment tax. The provisions of this section shall be implemented by regulation by the division.

(L. 1961 p. 438 § 1)
Mo. Rev. Stat. § 210.251 — MO Code / Chapter 210 / Section 210.251
210.251 State and federal funds to be made available to centers to upgrade ...
Status: in_force

210.251. State and federal funds to be made available to centers to upgrade standards — at-risk children program, limitation on requirements. — 1. Financial incentives shall be provided by the department of elementary and secondary education through the child development block grant and other public moneys for child-care facilities wishing to upgrade their standard of care and which meet quality standards.

2. The department of health and senior services shall make federal funds available to licensed or inspected child-care centers pursuant to federal law as set forth in the Child and Adult Care Food Program, 42 U.S.C. Section 1766.

3. Notwithstanding any other provision of law to the contrary, in the administration of the program for at-risk children through the Child and Adult Care Food Program, 42 U.S.C. Section 1766, this state shall not have requirements that are stricter than federal regulations for participants in such program. Child care facilities shall not be required to be licensed child care providers to participate in such federal program so long as minimum health and safety standards are met and documented.

(L. 1993 H.B. 376, A.L. 1999 H.B. 490 & H.B. 308, A.L. 2021 H.B. 432, A.L. 2022 S.B. 683)
Mo. Rev. Stat. § 60.130 — MO Code / Chapter 60 / Section 60.130
60.130 Survey, how made when surveyor interested.
Status: in_force

60.130. Survey, how made when surveyor interested. — When it shall appear that the county surveyor is interested in any tract of land the title of which is in dispute before the court, the court shall direct the survey or resurvey to be made by some registered land surveyor, who is a noninterested party, who shall be authorized to administer oaths in the same manner as the county surveyor is directed to do, and shall return such survey or resurvey, on oath or affirmation; and shall receive for his services such reasonable fee as determined by the court.

(RSMo 1939 § 13201, A.L. 1989 H.B. 190, et al.) Prior revisions: 1929 § 11582; 1919 § 12720; 1909 § 11302
Mo. Rev. Stat. § 389.797 — MO Code / Chapter 389 / Section 389.797
389.797 Employee walkways to be kept clear, enforcement.
Status: in_force

389.797. Employee walkways to be kept clear, enforcement. — Any person, firm or corporation doing business in this state shall keep and maintain those margins alongside their tracks, where railroad employees are required to walk in the course of their duties, reasonably free from debris, vegetation and any hazards known or which should have been known to exist, which affect the safety of such employees. The division may enforce this section and prosecute any violation thereof. The division shall prescribe rules for the construction and maintenance of walkways and the materials used in such walkways. Any track found to be in violation of this section may be removed from service by order of the division.

(L. 1961 p. 416 §§ 1, 2, A.L. 1988 S.B. 676) CROSS REFERENCE: Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, 226.008
Mo. Rev. Stat. § 565.058 — MO Code / Chapter 565 / Section 565.058
565.058 Special victims — confidentiality of address or place of residence — use of ...
Status: in_force

565.058. Special victims — confidentiality of address or place of residence — use of initials in petition. — 1. Any special victim as defined under section 565.002 shall not be required to reveal any current address or place of residence except to the court in camera for the purpose of determining jurisdiction and venue.

2. Any special victim as defined under section 565.002 may file a petition with the court alleging assault in any degree by using his or her identifying initials instead of his or her legal name if said petition alleges that he or she would be endangered by such disclosure.

(L. 2021 S.B. 26 merged with S.B. 53 & 60)
Mo. Rev. Stat. § 161.203 — MO Code / Chapter 161 / Section 161.203
161.203 Videotape to be produced on prison conditions and the young offender — ...
Status: in_force

161.203. Videotape to be produced on prison conditions and the young offender — rules for distribution to all districts — viewing required for all students and status offenders, exceptions. — 1. The department of corrections, in cooperation with the department of elementary and secondary education, shall prepare a film or videotape which relates to Missouri prisons and which specifically addresses prison conditions, young offenders and the liberties that are lost as a result of imprisonment. Funding for the film may be made from appropriations requested by the department of elementary and secondary education and approved by the Missouri general assembly from funding received from federal or private grants or donations received from private individuals or groups. No funding shall come from general revenue.

2. The department of elementary and secondary education shall promulgate rules and regulations to provide for the viewing of the film, prepared pursuant to subsection 1 of this section. Such rules and regulations shall attempt to make available such video or film to all districts requesting it, and require viewing by all status offenders or students convicted of misdemeanors, excluding traffic violations.

(L. 1992 S.B. 540 §§ 2, 3)
Mo. Rev. Stat. § 700.041 — MO Code / Chapter 700 / Section 700.041
700.041 Manufactured housing consumer recovery fund established, use of moneys.
Status: in_force

700.041. Manufactured housing consumer recovery fund established, use of moneys. — 1. There is hereby established a fund in the state treasury to be known as the "Manufactured Housing Consumer Recovery Fund" for the purpose of paying consumer claims under procedures the commission may promulgate by rule. The public service commission shall administer the manufactured housing consumer recovery fund and all moneys in the fund shall be used solely as prescribed in this section. Any interest earned from the investment of moneys in the fund shall be credited to the fund.

2. Claims approved by the commission under law may be paid from the fund subject to appropriation. No claims shall be considered by the commission until all other legal remedies have been exhausted. The commission shall establish an advisory committee to assist with the evaluation of all claims filed by consumers. The committee members shall be volunteers and serve without compensation.

3. Notwithstanding the provisions of section 33.080 to the contrary, moneys in the manufactured housing consumer recovery fund shall not be transferred to the credit of the general revenue fund at the end of the biennium; however, the total amount in the manufactured housing consumer recovery fund shall not exceed thirty-two percent of the amount of the annual appropriation of the manufactured housing fund from the preceding fiscal year. Moneys in the manufactured housing consumer recovery fund may be transferred back to the manufactured housing fund by appropriation.

(L. 2008 S.B. 788)
Mo. Rev. Stat. § 49.272 — MO Code / Chapter 49 / Section 49.272
49.272 County counselor may impose fine for certain violations of rules, ...
Status: in_force

49.272. County counselor may impose fine for certain violations of rules, regulations or ordinances, amount. (Boone, Cass, Jasper, Jefferson, Greene, and Buchanan counties.) — The county commission of any county of the first classification without a charter form of government and with more than one hundred thirty-five thousand four hundred but less than one hundred thirty-five thousand five hundred inhabitants, any county of the first classification without a charter form of government having a population of at least eighty-two thousand inhabitants, but less than eighty-two thousand one hundred inhabitants, any county of the first classification with more than one hundred four thousand six hundred but fewer than one hundred four thousand seven hundred inhabitants, any county of the first classification with more than one hundred ninety-eight thousand but fewer than one hundred ninety-nine thousand two hundred inhabitants, any county of the first classification with more than two hundred forty thousand three hundred but less than two hundred forty thousand four hundred inhabitants, and any county of the first classification with more than eighty-three thousand but fewer than ninety-two thousand inhabitants and with a home rule city with more than seventy-six thousand but fewer than ninety-one thousand inhabitants as the county seat, which has an appointed county counselor and which adopts or has adopted rules, regulations or ordinances under authority of a statute which prescribes or authorizes a violation of such rules, regulations or ordinances to be a misdemeanor punishable as provided by law, may by rule, regulation or ordinance impose a civil fine not to exceed one thousand dollars for each violation. Any fines imposed and collected under such rules, regulations or ordinances shall be payable to the county general fund to be used to pay for the cost of enforcement of such rules, regulations or ordinances.

(L. 2003 S.B. 537, A.L. 2004 H.B. 795, et al., A.L. 2005 H.B. 58, A.L. 2014 S.B. 896) CROSS REFERENCE: County counselor to prosecute violations of certain county ordinances, where, 56.640
Mo. Rev. Stat. § 573.030 — MO Code / Chapter 573 / Section 573.030
573.030 Promoting obscenity in the second degree — penalties.
Status: in_force

573.030. Promoting obscenity in the second degree — penalties. — 1. A person commits the offense of promoting pornography for minors or obscenity in the second degree if, knowing of its content and character, he or she:

(1) Promotes or possesses with the purpose to promote any obscene material for pecuniary gain; or

(2) Produces, presents, directs or participates in any obscene performance for pecuniary gain; or

(3) Promotes or possesses with the purpose to promote any material pornographic for minors for pecuniary gain; or

(4) Produces, presents, directs or participates in any performance pornographic for minors for pecuniary gain; or

(5) Promotes, possesses with the purpose to promote, produces, presents, directs or participates in any performance that is pornographic for minors via computer, electronic transfer, internet or computer network if the person made the matter available to a specific individual known by the defendant to be a minor.

2. The offense of promoting pornography for minors or obscenity in the second degree is a class A misdemeanor unless the person has been found guilty of an offense pursuant to this section committed at a different time, in which case it is a class E felony.

(L. 1977 S.B. 60, A.L. 1987 H.B. 113, et al., A.L. 2000 S.B. 757 & 602, A.L. 2009 H.B. 62, A.L. 2014 S.B. 491) Effective 1-01-17 (1986) It may be inferred that a clerk in a convenience store "knows", for purpose of a criminal conviction under this section, of the obscene nature of a magazine's content if the cover is sexually explicit. State v. Triplett, 722 S.W.2d 633 (Mo.App.). (1989) Obscenity is not within the area of constitutionally protected speech and statute is not impermissibly overbroad, ambiguous, or vague, and gives adequate prior notice of what constitutes prohibited conduct. (Mo. banc) State v. Simmer, 772 S.W.2d 372.
Mo. Rev. Stat. § 99.490 — MO Code / Chapter 99 / Section 99.490
99.490 Bonds — conditions — interest rate — to be sold at par.
Status: in_force

99.490. Bonds — conditions — interest rate — to be sold at par. — 1. Bonds of an authority shall be authorized by its resolution and may be issued in one or more series and shall bear such date or dates, be payable upon demand or mature at such time or times, bear interest at such rate or rates, not in excess of the maximum rate, if any, applicable to general and business corporations, be in such denomination or denominations, be in such form either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption (with or without premium) as such resolution, its trust indenture or mortgage may provide.

2. The bonds shall be sold at not less than ninety-five percent of par at public or, if the authority determines it is in the best interest of the authority to sell such bonds at private sale, notwithstanding the provisions of section 108.070 . The reason or reasons why private sale is in the best interest of the authority shall be set forth in the order or resolution authorizing the private sale; provided, however, that any issue in excess of ten million dollars shall be sold only at public sale; provided, further, that notice of such public or private sale shall be published in a newspaper having a general circulation in the area of operation and such medium of publication as the authority may deem at least once and not later than ten days prior to such public or private sale. The decision of the authority shall be conclusive.

(L. 1951 p. 300 § 10, A.L. 1982 H.B. 1411 & 1587)