SCS/SBs 660, 553, 557, 167, 258, 114 & 378 - This act modifies various provisions relating to crime.
This section prohibits individuals from setting a fire in an area proclaimed by the governor to be in extraordinary danger from fire as a result of emergency drought conditions. Individuals who violate this section are guilty of a Class A misdemeanor.
In a separate cause of action, political subdivisions and volunteer fire protection associations may seek to recover reasonable costs associated with responding to a fire caused by a person in violation of this act.
This provision is similar to SCS/SB 1198 (2006) & is identical to SCS/SB 114 (2007).
This section requires the Director of the Department of Corrections to select an execution team. The team shall consist of the persons who administer lethal gas or lethal chemicals and persons who provide direct support for the administration of such gas or chemicals. The identities of execution team members shall be confidential. A record that could identify a person as being a current or former execution team member shall be privileged and shall not be subject to discovery, subpoena, or other means of legal compulsion for disclosure to any person or entity.
Any execution protocol of the Department of Corrections is a closed record, except for the provision that directly relates to the administration of lethal gas or chemicals.
Any person who knowingly discloses the identity of a former or current member of an execution team or discloses a record knowing that it could identify such person as a member commits a Class A misdemeanor, unless such disclosure is made with the express consent of the Director of the Department of Corrections.
A licensing board or department shall not censure, reprimand, suspend, revoke, or take other disciplinary action against a person's license because of participation in a lawful execution. All members of the execution team are entitled to coverage under the state legal expense fund for conduct of such execution team member arising out of and performed in connection with his or her official duties on behalf of the state.
This provision is identical to HCS/HB 820(2007) & SCS/SB 258 (2007).
Under this section, the statute of limitations for any offense shall not run during any time period after which a DNA profile is developed from evidence collected in relation to the commission of the offense, but before the time when the accused is identified by name based upon a match between an evidentiary DNA profile and the known DNA profile of the accused. For purposes of this section, the term "DNA profile" means the collective results of all DNA identification analysis of a sample.
This section modifies how it is determined whether a sex offender resides within 1,000 feet of a school or child-care facility. The distance shall be determined by measuring the shortest distance between the property line of the person's residence and the property line of the school or child-care facility.
This section has an emergency clause.
Sections 571.010 & 571.070
Currently, it is a crime for certain persons, including dangerous felons, to possess a concealable firearm. The crime of unlawful possession of a concealable firearm is a Class C felony.
Under this act, the crime is expanded to prohibit such persons from possessing an explosive weapon. The term "explosive weapon" is redefined.
These sections are identical to SCS/SB 378 (2007).
This section creates a "Methamphetamine Offense Registry" within the Missouri State Highway Patrol. Subject to appropriation, the Highway Patrol shall maintain a web page with an offender search capability.
Any person who is convicted of, pleads guilty or nolo contendere to, or is found guilty of distributing, delivering, manufacturing, producing or attempting to distribute, deliver, manufacture or produce methamphetamine or possessing with intent to distribute, deliver, manufacture, or produce methamphetamine shall be included on the methamphetamine offense registry. This requirements shall apply only to persons who plead guilty to, are convicted of, or are found guilty of such crimes after August 28, 2007.
The registry information shall include the person's name, date of birth, nature and date of offenses, and other identifying information deemed necessary by the Highway Patrol. The court clerks shall forward a copy of the judgement and date of birth of any person to be included on the registry within 45 days of the date of judgement.
The Highway Patrol shall remove the name and other information of an offender from the registry after seven years from the date of the most recent judgement.
This section is identical to SB 167 (2007).
Sections 650.055 & 650.056
These sections require juveniles adjudicated of offenses which would constitute certain felonies or any sexual offense under Chapter 566, RSMo, if committed by an adult, to have a biological sample collected for the purposes of DNA profiling analysis. These sections would also require persons who have committed a Class A misdemeanor to have the same sample collected.
Any person required to provide a DNA sample shall be required to provide such sample at a collection site. Currently such site shall be designated by the highway patrol or the department of corrections. These sections allow such site to also be designated by the law enforcement agency of the county or the City of St. Louis, where the finding or plea of guilt occurred.
Any knowing refusal or failure to provide a DNA sample is a Class A misdemeanor. Knowingly unauthorized tampering, knowing attempt to tamper, or other knowingly unauthorized use, knowing attempt to use, or knowing dissemination of DNA samples is a Class A misdemeanor.
These sections are identical to SB 553 (2007) and are similar to SB 557 (2007).
SUSAN HENDERSON MOORE