SECTION 488.050

This act extends the expiration date from August 28, 2006, to August 28, 2013, for certain surcharges on criminal cases in which the defendant pleads guilty to or is convicted of a felony or misdemeanor.

Under this act, the surcharge is $30 when the defendant is found guilty of or pleads guilty to a felony, except when the person is convicted of a serious drug offense, in which case, the surcharge is $60. The surcharge is $15 when the defendant is found guilty of or pleads guilty to a misdemeanor.

This act directs the state treasurer to deposit such surcharges into the general revenue fund, if in the previous fiscal year, the state?s net general revenue did not increase by 2% or more. Otherwise, the moneys will be deposited into the DNA Profiling Analysis Fund. Any money deposited into such fund shall not revert to the credit of the general revenue fund.

This section is identical to HCS/SCS/SB 587 (2006).

SECTIONS 650.055 & 650.058

Section 650.055, RSMo, provides that every individual who pleads guilty to or is found guilty of a felony or other sexual offense in a Missouri circuit court, shall have a biological sample taken for the purposes of DNA profiling analysis. Current law provides that every individual who pleads guilty or nolo contendre to or is convicted of such offenses shall have a sample taken for such purposes regardless of the court.

These sections repeal the current provisions providing restitution for individuals exonerated after August 28, 2003 through the use of DNA profiling analysis and enacts new provisions to allow any person found guilty of a felony, who is later exonerated of such felony by DNA profiling analysis, to receive restitution.

The individual may receive $50 for each day of post-conviction incarceration. The petition for payment of restitution may be filed with the sentencing court. These sections allow only people found "actually innocent" to receive restitution. For the purposes of this act, "actually innocent" means:

(1) The individual was convicted of a felony for which a final order of release was entered by the court;

(2) All appeals of the order for release have been exhausted;

(3) The individual was not serving a concurrent sentence for another crime, unless such individual was serving such a sentence because his or her parole was revoked by a court or the board of probation and parole in connection with the crime for which the person has been exonerated; and

(4) Testing ordered under the statute allowing offenders to file a post-conviction motion for such testing or by the order of a court, if such person was exonerated on or before August 28, 2004, or testing ordered under the statute requiring mandatory DNA profiling analysis of all felony offenders, if the person was exonerated after August 28, 2004, demonstrates the person?s innocence.

Any individual who receives such restitution shall be prohibited from seeking civil redress from the state or any political subdivision. The Department of Corrections will determine the aggregate amount of restitution owed during a fiscal year. If insufficient moneys are appropriated to pay restitution to such persons, the Department shall pay each individual a pro rata share of the available money. Provided funds are appropriated, the amounts owed such individual shall be paid June 30th of each year until the total amount of restitution has been paid. However, no individual shall receive more than $36,500 during each fiscal year.

If a person undergoes DNA testing after filing a motion with the court for such testing, instead of as part of the mandatory DNA profiling analysis of all felony offenders, and the testing confirms the person's guilt, he or she can be sanctioned and held liable for the costs of the testing.

A petition for payment of restitution may only be filed by the individual determined to be actually innocent or the individual's legal guardian. No claim or petition for restitution may be filed by the individual's heirs or assigns. An individual's right to receive restitution is not assignable or otherwise transferrable. The state's obligation to pay restitution shall cease upon the individual's death. Any beneficiary designation that purports to bequeath, assign, or otherwise convey the right to receive such restitution shall be void and unenforceable.

SECTION 650.100

This section defines the terms "central repository" and "Forensic DNA analysis" within the statutes relating to DNA testing.

This act is similar to HCS/SB 1023 (2006).

SUSAN HENDERSON MOORE