HS/HCS/HBs 835, 90, 707, 373, 641, 510, 516 & 572 - This act creates and amends numerous laws relating to crime. The act authorizes county crime reduction funds, which may be created by a majority vote of a county commission and used for specified purposes, including matching funds for law enforcement grants. (50.550 - .555) A court may order restorative justice methods when a defendant receives a suspended sentence, as well as payment of money to a county crime reduction fund. (558.019) Court ordered restitution shall be paid while on probation or parole, and is enforceable like any civil penalty. (559.100, 595.209)

Itinerant vendors shall make proof of purchase from a retailer or wholesaler available within 72 hours upon request of a law enforcement officer. Forgeries shall be prosecuted. (150.465)

The act adds ecstacy to the list of substances involved in the crimes of trafficking in the first and second degree. (195.222 - .223). This provision is similar to HB 471.

The act requires that any manufacturers and wholesalers who, in compliance with federal law, report suspicious transactions to the U.S. Attorney General shall also submit a copy of the report to the chief law enforcement official with jurisdiction. "Suspicious transaction" has the same meaning as in the U.S. Code. A violation is a Class D felony. (195.515) The act prohibits possession of more than 5 grams of ephedrine or more than 12 grams of pseuodephedrine, with certain exceptions, such as pharmacists and physicians. A violation is a Class D felony for the first offense, and a Class C felony for subsequent offenses, and constitutes prima facie evidence of intent to manufacture methamphetamine. (195.518)

The act prohibits sale of ephedrine, pseudoephedrine and phenylpropanolamine, with knowledge that the purchaser will use it to manufacture methamphetamine, or with reckless disregard how it will be used. Violation is a Class D felony for the first offense, a Class C felony for subsequent offenses. (195.521) The act also prohibits retail distributors from selling, or any person from purchasing, specified quantities in a single transaction, with certain exceptions. A violation is a Class A misdemeanor. (195.528) The above provisions are similar to SB 608, as well as provisions in SS SCS SB 89 & 37.

The act adds the Southeast Missouri Network Against Sexual Violence (see HB 978) and the Lakes Area Child Advocacy Center (see HB 349) to the list of funded regional child assessment centers. (210.001) The act adds felony stalking, prostitution, robbery, arson, and firearms offenses to the list of those requiring denial of an application for child care provider funds. (210.025). Communications to clergy shall be privileged in suspected child abuse cases. (210.140)

Private cemetery vandalism is revised from Class A misdemeanor to the crime of institutional vandalism. (214.131)

The act creates the Corrections Officers Standards and Training Commission to establish core curriculum and regulations for correctional training programs. As of January 1, 2002, certification as a corrections officer is required for employment. (217.105) This provision is similar to SB 488 and HB 248.

The minimum term for parole eligibility for consecutive life sentences shall be calculated by adding minimum terms for each sentence. (217.690) See HB 707. The act contains "Jake's Law", requiring every chief law enforcement officer, sheriff, public or private jailer, correctional officer and regional jail district official to conduct an inquiry of pending outstanding warrants for misdemeanors and felonies on all prisoners prior to their release from custody. If any warrant check indicates outstanding charges or warrants from another jurisdiction, the prisoner shall not be released except to the custody of that jurisdiction, unless the warrant is dismissed. (221.510) See HB 144.

The act requires that persons convicted of stealing for driving off without paying for motor fuel, in addition to any other criminal penalties imposed, have their drivers' licenses suspended for 60 days for a first violation, 90 days for a second violation and 180 days for any subsequent ones. (302.286) See HB 373. The act assesses 8 points against a driver's license for careless and imprudent driving when serious physical injury results, and 6 points if moderate physical injury results, and changes the BAC level required for assessment of points to .08 percent. (302.302). A second of subsequent offense of driving while revoked is a Class D felony; a minimum of 48 hours in custody is required for a first offense, 10 days for the second, 30 days for the third and thereafter 1 year. (302.321) Any driver causing serious or moderate physical injury to another is guilty of Class A misdemeanor. (304.012)

The act provides for the licensing of bail bondsman and surety recovery agents, through the Department of Insurance. General bail bond agents are allowed to act only through a licensed bail bond agent. A bail bond agent is required to hold an appointment by a general bail bond agent and to have a numbered power of attorney. Appearance bonds issued by the bail bond agent cannot exceed the amount specified in the power of attorney. Applicants are required to demonstrate that they have obtained a bond or insurance policy of at least $300,000 for damage to persons or property caused by the applicant. Applicants for general bail bond agent licenses are required to demonstrate that they have liquid assets and an assignment to the state in a specified amount based on the number of bail bond agents employed. Surety recovery agents are required to be licensed by the Department of Insurance and to possess a $1 million bond or insurance policy. The Department will determine the sufficiency of qualifications of applicants, who must be at least 21 years of age and have completed an approved surety recovery course with at least 40 hours of training. The act lists the grounds for discipline of a licensee, as well as the procedure for disciplinary action before the Administrative Hearing Commission.

Bail bond agents and surety recovery agents are required to notify and submit certified copies of all pertinent paperwork to local law enforcement officials prior to making or attempting an apprehension. Violations will be a class A misdemeanor for first offenses and a Class D felony for subsequent offenses. Bail bond agents who wrongfully cause damages to persons or property are liable for the damages, which may include punitive damages. A surety recovery agent with probable cause to believe a person has failed to appear in court or otherwise breached the terms of a bond may use all lawful means to arrest the person, including detaining the subject for up to 72 hours, transporting the subject to another county or state, and entering upon private property in a reasonable manner. Engaging in fugitive recovery without a valid license is a Class D felony. In addition, anyone engaging in fugitive recovery who wrongfully causes damage to property or person is liable for damages and may be assessed punitive damages. (374.695 - .789) The act also prohibits any person from being certified or employed as a peace officer unless he or she is a resident of Missouri. (590.132) The above provisions are similar to SB 246 and HB 253.

In certain prosecutions, defendant may be excluded from deposition of child victim. (491.707) The act lowers the jury age to 18, and excuses full time students living more than 20 miles away. (494.425) See SB 54, HB 456.

The act revises certain civil provisions related to criminal acts. The act provides certain individuals, including owners, operators and installers of anhydrous ammonia containers or equipment with immunity from civil liability and suits filed by persons who engage in unauthorized tampering with such containers and equipment for damages as a result of the tampering. Immunity is not provided for individuals who are willfully or wantonly negligent. (537.297) Possession of anhydrous ammonia in an unapproved container shall be a Class D felony. These provisions are similar to SS SCS SB 89 & 37.

An owner of property adjacent to a private cemetery may sue vandals; references to repealed sections are deleted. (537.523) The crime of institutional vandalism shall be an Class A misdemeanor if the value involved is less than $500; a Class D felony at $500 but less than $10,000; a Class C felony at $10,000 but less than $100,000; and a Class C with a mandatory 7 year sentence at $100,000 or more. The offender shall make restitution. (574.085) The act contains a special venue provision for fraudulent use of credit device. (541.155) See SB 113.

The Attorney General may obtain a search warrant for investigation of technological crimes; charitable organizations are excluded. (542.261 - .276; 578.600 - .610)

The act increases the time a person may be held without a warrant for a felony offense from 20 to 32 hours. A violation is a Class A misdemeanor. (542.276) See SB 474, HB 641.

The act establishes procedure for post-conviction DNA testing, which shall be ordered upon a showing that a reasonable probability exists that the movant would not have been convicted if exculpatory results had been obtained through the requested DNA testing. (547.035) See SB 282, HB 440. The act provides that no appeal bond shall be issued in cases of statutory rape and forcible sodomy (547.170), and removes the statute of limitation for forcible rape and sodomy (556.036). The latter provision is in SCS SB 214.

The act includes first degree statutory rape and first degree statutory sodomy when victim less than 12, and abuse of a child when child dies, in the definition of "dangerous felonies" which require that a defendant serve a minimum of 85 percent of a sentence. (556.061) The crime of involuntary manslaughter shall include failure to summon aid for person when use of controlled substance is cause of death. (565.024) No suspended sentence shall be ordered for assault crimes when the victim is a mass transit worker or passenger. (565.050 - .070) Tampering with a juvenile court officer shall constitute the crime of tampering with a judicial officer. (565.084)

The act establishes a Commission on the Death Penalty, which shall hold public hearings, analyze cases and all aspects of death penalty, and issue a report by January 1, 2004. (565.042) See SB 55.

This act criminalizes sexual activity between a long-term care employee and a resident: Sexual contact is a Class B misdemeanor (1st offense) or a Class A misdemeanor (subsequent offense); sexual intercourse or deviant sexual intercourse is a Class D felony (1st offense) or a Class C felony (subsequent offense). Consent is no defense. (565.200) See HB 533. The act includes electronic communications in methods of harassment for stalking, and creates a new definition for "unconsented contact". (565.225) The act creates the crime of human cloning, a Class B felony. Any corporation found guilty shall be subject to a fine of not more than $10 million. (565.310)

The act provides that crimes from other states shall be calculated when determining if the defendant is a repeat offender subject to a higher penalty for the crimes of first, second and third degree child molestation, sexual misconduct involving a child, and first and second degree sexual misconduct. Second degree child molestation shall involve a defendant over 21 and victim less than 16; new crimes of third degree child molestation involves a victim less than 13 and contact through clothing, and fourth degree child molestation involves a defendant over 21, a victim less than 16 and touching through clothing. (566.067 - .093)

The act creates the crime of sexual conduct with an animal, which is a Class D felony. Such activity in the presence of a minor or which causes the animal serious physical injury is a Class C felony. (566.111) See HCS HB 533 & 724. Any person receiving a suspended sentence for sexual offense must successfully complete treatment program for sex offenders, and follow all directives of the treatment provider. (566.140) Probation or parole for sexual offense with a child requires successful completion of treatment program. (566.141)

Any person who sells or attempts to sell or buy a person less than 18 is guilty of a Class B felony. Legitimate adoptions and legitimate actions by correctional officials are exempt. (568.176) The Class A felony of causing catastrophe includes modifying or destroying computer network or program, or initiating computer virus. "Catastrophe" is defined as affecting 5 people or more, and includes damage to utility or public service. (569.070)

The act defines of "new and unused property" for stealing offenses. (570.010) Value for a merchant shall be determined by the normal sale price of an item. (570.020) Stealing shall include driving away from a gas station without paying, or altering a receipt with intent to cheat. Stealing is a Class D felony if the value of the item is more than $500 but not more than $1000, and a Class C felony if the value is more than $1000. Theft of liquid nitrogen, or attempt to steal anhydrous ammonia or liquid nitrogen, is increased from a Class D to a Class C felony. Theft of anhydrous ammonia by stealing a tank is a Class A felony. (570.030) Similar to SS SCS SB 80 & 37. The felony amounts and penalties for receiving stolen property are made consistent with stealing. (570.080) The crime of forgery shall include altering receipts and universal price codes. (570.090)

The act revises the fees involved in passing a bad check. The fee shall be $25; for checks of $100 or more, add 10 percent of face amount, with a maximum total fee of $50. A prosecutor shall collect a reasonable service charge. (570.120) These provisions are similar to SCS SB 215. Fraudulent use of a credit device shall include cancelled charge of personal property taxes. (570.130) No person shall use another's credit or debit card without consent. The act increases the penalty from a Class A misdemeanor to a Class D felony, or a Class C felony if the value is over $10,000 or for repeat offenses.

The crime of unlawful use of a weapon shall include exhibiting a firearm on school property in threatening manner, or carrying loaded firearm into school with the intent to use it. The penalty shall be a felony punishable by 5 to 7 years. The crime shall also include shooting a firearm into the air during the Fourth of July or New Year's Day holidays when in violation of local ordinance; the penalty is a Class A misdemeanor. Law enforcement officials shall be exempt from the crime of discharging a weapon while intoxicated. Juvenile officers who have received the proper training and prosecutors are exempt from the crime of unlawful use of a weapon. The act also exempts lawfully owned firearms concealed in a passenger compartment of a motor vehicle. (571.030)

Unlawful possession of a concealable firearm shall include possession of a weapon and any controlled substance, except less than 35 grams of marijuana; the penalty shall be a felony, for which the term is 5 to 7 years. (571.070)

The act creates the new Class A misdemeanor of eluding law enforcement officials. (575.155) The penalty for aiding the escape of a prisoner is increased from a Class D to a Class B felony. (575.230) Any driver involved in an accident resulting in serious physical injury or death shall be deemed to have given consent to blood alcohol testing. (577.020)

The act creates a Drug Detection Program within the Department of Public Safety, which shall provide grants for drug dogs. (589.320) The Police Officer Standards and Training Commission shall establish a Corrections Officers certification program, as of July 1, 2002. A Corrections Officers Standards and Training Commission shall establish a certification program. (590.105 - .200) These provisions are similar to SB 488.

Law enforcement shall complete a racial profiling report for every stop of a motor vehicle. Currently, reports are required for stops for violations of traffic laws. (590.650) See SB 144. The act raises the limit of an award from the Crime Victims Fund from $15,000 to $25,000, and excludes life insurance proceeds from reducing the amount an award. (595.030 - .035) The act increases the surcharge on criminal cases for the Crime Victims Fund from $5 to $10, including juvenile cases. The surcharge shall be used for operational costs of Office of Victims of Crime, and the automated crime victim notification system. As of October 1, 2006, half of any remaining funds that total over 200 percent of the previous year's expenditures shall go to the Tort Victims Compensation Fund. (595.045) See HB 831.

The act revises the definition of "predatory" for civil commitment provisions by deleting "for the primary purpose of victimization". (632.480) The DNA profiling system in the Department of Public Safety shall include a separate statistical database for unknown perpetrators. Anyone who has committed a violent offense, sex offense or a burglary must provide a DNA sample; after January 1, 2003, DNA sample must be provided by anyone who committed any felony or any sex offense. The act provides for access to the DNA profiling system by the defendant. (650.050 - .055)

The act creates the Office of Victims of Crime within the Department of Public Safety. The office will serve as the state agency to promote victims' rights and provide information on victims' rights and services. The office will also work closely with state and local agencies and organizations to coordinate a response plan in the event of a catastrophic crime. The office will make an assessment and report to the Governor on the feasibility of an automated crime victim notification system. (650.300 - .310) See HB 831.

Any entity found to be in violation of a contract with the state or a political subdivision shall be prohibited from entering into similar contracts for 3 years. (Section 1)
JOAN GUMMELS