SB 261 Modifies various provisions relating to crime
Sponsor: Bartle Co-Sponsor(s)
LR Number: 1517S.04C Fiscal Note: 1517-04
Committee: Judiciary and Civil and Criminal Jurisprudence
Last Action: 5/15/2009 - S Informal Calendar S Bills for Perfection--SBs 261, 159, 180 & 181-Bartle and Goodman, with SCS & SS#3 for SCS (pending) Journal Page:
Title: SCS SBs 261, 159, 180 & 181 Calendar Position:
Effective Date: August 28, 2009

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Current Bill Summary


SS#3/SCS/SBs 261, 159, 180 & 181 - This act modifies provisions relating to crime.

SECTION 84.830

Currently, Kansas City police officers and department employees are prohibited from belonging to a political party committee or serving as a ward committee person. Under this section, such officers and employees shall instead be prohibited from holding a partisan political office. This section repeals the provision of law which currently prohibits any Kansas City police officer or department employee from making contributions of any kind for political activity. Kansas City police officers and department employees shall be prohibited from soliciting any person to vote for or against any political candidate, party, or organization only while on duty, in uniform, or wearing clothing with any symbol, insignia, or words indicating his or her employment with the department.

This section also repeals the provision which prohibits any person from soliciting a police officer or a member of the police board for any political purpose. Currently, officers are prohibited from allowing solicitations for contributions in police facilities. This section would also prohibit them from performing such solicitations in police facilities.

This section is similar to SB 18 (2007) and identical to SCS/SB 189 (2009).

SECTION 173.754

This section prohibits a person from using or attempting to use a false or misleading diploma, as described in the section, in connection with admission to an institution of higher education, or in connection with any business, employment, occupation, profession, trade, or public office. A violation of this section is a Class C misdemeanor.

This section is identical to SB 182 (2009).

Section 174.00

This section allows university police officers to respond to emergencies or natural disasters outside of the boundaries of the university property and provide services if requested by the law enforcement agency with jurisdiction.

SECTIONS 195.214, 195.217, 195.218, 566.147 & 566.149

These sections specify that knowledge of one's location is not necessary to commit certain criminal acts, including drug distribution near a school, park, or public housing or residence or loitering near a school by a sexual offender. Also, the definition of "resides" is removed from Section 566.147, RSMo, restricting certain sexual offenders from residing within 1,000 feet of a school or child-care facility.

SECTIONS 273.033, 273.036, 578.022, & 578.024

Under these sections, a person has an absolute defense against civil liability or criminal prosecution for killing or injuring a dog, if such person's actions were based on the reasonable belief that he or she, or another person, was in imminent danger of being harmed by the dog. It is prima facie evidence that a person considered himself to be in "imminent danger" from a dog if the person had complained at least twice to the county sheriff or animal control authority that the dog had trespassed on his property, and on at least one of those occasions the person was in reasonable apprehension for his own safety, the safety of another person, or feared damage to livestock or property. County sheriffs and animal control authorities shall notify any dog owner about a trespassing complaint made against his or her dog. A court shall award all reasonable costs to the defendant in any such suit if evidence shows the defendant is entitled to the absolute defense as described. A person engaging in criminal activity at the time of an imminent danger dog threat shall not be entitled to the absolute defense created by these sections.

The owner or possessor of a dog that bites, without substantial provocation, a person while such person is on public property or lawfully on private property shall be strictly liable for damages to the bitten individual. Owners or possessors of such dogs shall also be strictly liable for any damage incurred to property or livestock by their dogs. If it is determined that the damaged party had fault in the incident, any damages owed by the owner or possessor of the biting dog shall be reduced by the same percentage. This shall not apply to dogs killing sheep or other domestic animlals. If a dog owner or possessor is found liable by a court for such damages, the owner or possessor shall also be assessed a fine up to $1,000.

When a dog that has previously bitten a person or domestic animal without provocation, subsequently bites a person again, the owner or possessor shall be guilty of a Class B misdemeanor. However, if the offense results in serious injury it shall be a Class A misdemeanor and if the previous biting episode also resulted in serious injury, it shall be a Class D felony. If the offense results in death it shall be a class C felony. Any such dog, or a dog that inflicts serious injury or death on the first biting occasion, shall be seized by the animal control authority or county sheriff who shall notify the dog's owner in writing. The dog shall be impounded for ten business days after notice has been provided to the owner, after which time the dog shall be destroyed. Appeal procedures are provided in these sections.

These provisions do not apply to dogs that bite a person while such person is engaged in criminal activity at the time of attack. Certain instances of trespassing are not considered "criminal activity". Dogs owned or utilized by a law enforcement agency who bite in the course of their employ are exempt from these provisions.

These sections are similar to SB 184 (2009).

SECTION 306.109

This section prohibits certain activities from being committed on the rivers of this state, except for the Missouri, Mississippi, and Osage rivers.

Such activities shall include:

1) Possessing or using beer bongs or other devices intended for rapid consumption of alcohol;

2) Possessing or using any large volume alcohol containers that hold more than one gallon; and

3) Possessing certain coolers on or within fifty feet of any such river, unless in a campground, picnic area, landing, road, or parking lot.

Violation of these provisions is a class A misdemeanor.

This section is similar to SCS/SB 2 (2009).

SECTION 556.036

This section makes the statue of limitations five years, rather than three years, for the crimes of knowingly burning or exploding, arson in the second degree, and cases of arson in the first degree when the penalty is a class B felony.

SECTION 561.021

This section provides that a person who is convicted of a felony is ineligible to qualify as a candidate for public office or hold public office.

SECTION 566.155

This section prohibits certain sexual offenders from serving as an athletic coach, manager, or trainer for any sports team in which a child younger than 17 years of age is a member. Any person violating this provision will be guilty of a class A misdemeanor for the first offense and a class D felony for a second or subsequent offense.

This section is identical to HB 106 (2009).

SECTION 566.226

Currently, any identifying information in a court record that could be used to identify the victim of sexual assault, domestic assault, stalking, or rape shall be closed and redacted prior to public disclosure. This section gives the judge presiding in a such cases discretion to publicly disclose information regarding the defendant, which could be used to identify the victim. The victim may provide the court with a statement regarding whether he or she wishes such information to remain closed. The judge shall consider the welfare and safety of the victim and the victim's statement when deciding to disclose the information.

SECTION 570.030

This section modifies the definition of livestock in terms of what is considered a punishable offense for stealing. Under current law, it is a Class C felony to steal a horse, mule, ass, cattle, swine, sheep, or goat. This section adds calves, ratite birds (which include ostrich and emu), farm-raised fish, llamas, alpaca, buffalo, elk, and rabbits to the list of livestock for which it is a Class C felony to steal.

The section makes it a Class C felony to steal captive wildlife held under permit issued by the conservation commission, but it shall be a Class B felony in cases where there has been a similar prior conviction and if the value of the stolen animals exceeds $3,000.

Any person who pleads guilty to or is found guilty of stealing livestock or captive wildlife held under permit issued by the conservation commission valued at over $3,000 and who has a prior conviction for stealing such animals shall serve at least 80% of his or her prison sentence before being eligible for probation, parole, or release.

SECTIONS 570.040

This section revises the term "stealing-related offense" as it is used in Section 570.040, RSMo, to include robbery. The section removes the requirement that a person must have received at least a 10-day jail sentence on a prior offense before a third or subsequent misdemeanor stealing-related offense can be enhanced to a Class D felony. It also specifies that a person who has previously pleaded guilty to or been found guilty of two stealing-related offenses which were committed on two separate occasions, and who subsequently pleads guilty to or is found guilty of a stealing-related offense is guilty of certain felonies depending on the nature of such stealing-related offense.

This section is identical to HB 1473 (2008) and SB 200 (2009).

SECTIONS 573.020, 573.023, 573.025, 573.030, 573.035, 573.037, 573.040, 573.060, and 573.065

Currently, a person must know the contents and character of the obscene material or child pornography involved in a pornography offense in order to be found guilty. Under these sections, a person no longer needs to know the content and character of the material in order to be found guilty.

Under these sections, a person is guilty of sexual exploitation of a minor, possession of child pornography, or public display of explicit sexual material if such offenses are committed knowingly or recklessly, rather than being committed with knowledge of the content and character of the material that is the subject of the offense.

SECTION 575.150

This section expands the crime of resisting arrest, stop, or detention to include resisting an arrest for a warrant issued by a court or probation and parole officer. The crime of resisting arrest shall be Class D felony for an arrest for a warrant issued for failure to appear on a felony case or a warrant issued for a probation violation on a felony case.

This section provides that it is not a defense to prosecution of a resisting arrest, stop, or detention offense that a court later determines that the arrest was made without valid probable cause.

This section is similar to SB 1238 (2008) and SB 221 (2009).

SECTION 577.023

This section redefines the term "intoxication-related traffic offense" to include certain traffic offenses involving alcohol regardless of whether the defendant was represented by or waived the right to an attorney in writing. This term is used in the provisions providing enhanced penalties for persons who commit multiple intoxication-related traffic offenses.

This section allows the court, as a condition of probation or parole, to require certain persons convicted of intoxication-related traffic offenses to submit to alcohol monitoring in certain circumstances instead of serving a more lengthy sentence.

The term "continuous alcohol monitoring" means automatically testing alcohol concentration levels and tampering attempts, regardless of the location of the person wearing the device, at least once each hour and regularly transmitting the data.

In addition to other terms of probation or parole, a court shall consider requiring an offender convicted of an intoxication-related traffic offense to abstain from consuming alcohol as demonstrated by continuous alcohol monitoring or verifiable breath alcohol testing performed a minimum of four times per day for a length of time established by the court.

Although an aggravated offender is not eligible for probation or parole for 60 days, the court may suspend execution of up to 30 days of such term if, as a condition of probation and parole, the person abstains from drinking alcohol as demonstrated by continuous alcohol monitoring or verifiable breath alcohol testing performed a minimum of six times per day for not less than 60 days but not more than 120 days.

A chronic offender is not eligible for probation or parole until he or she has served two years of imprisonment; however, the court may grant probation if the person qualifies for the one hundred twenty day shock treatment program and he or she, as a condition of probation, abstains from drinking alcohol as demonstrated by continuous alcohol monitoring or verifiable breath alcohol testing performed a minimum of six times per day for not less than 6 months but not more than 2 years.

This section also repeals one version of Section 577.023, RSMo, which is currently doubly-enacted.

This section contains an emergency clause.

This section is similar to SB 861 (2008), SB 192 (2009) & SB 219 (2009).

SECTION 577.029

This section repeals ยง577.029 as it passed in HB 574 (2007) and reenacts it as all new language.

This section contains an emergency clause.

SECTIONS 578.025, 578.026, & 578.030

These sections increase the penalty for being a spectator at a dog fighting event from a Class A misdemeanor to a Class D felony for a second or subsequent offense.

A person performing a lawful seizure because of a dog fighting violation, whether acting under the authority of a warrant or not, shall be given a disposition hearing within 30 days of the filing of the request in order to grant immediate disposition of the impounded dog. The person seizing the dog shall place it in the care of a veterinarian, animal shelter, or animal control authority. If such people are not available, the dog shall not be impounded unless diseased or disabled. The dog shall be humanely killed if a veterinarian determines the dog is diseased or disabled beyond recovery. No person who lawfully seizes a dog shall be liable for necessary property damage.

Owners of an impounded dog may prevent disposition of the dog by posting bond in an amount sufficient to cover the dog's care for 30 days. The authority with custody may dispose of the dog at the end of such time unless there is a court order prohibiting it. The court order shall provide for a bond or other security in an amount to cover the cost of care, keeping, or disposal of the dog.

The owner of a dog humanely killed under these sections shall not be entitled to recover damages for the value of the dog if it was found by a veterinarian to be diseased or disabled or if the owner failed to post bond for its care and disposition after being notified of the impoundment.

These sections continue to allow highway patrol officers and other law enforcement officers making an arrest to take possession of a dog subject to a dog fighting violation; however, it repeals the provision requiring the court to order an officer to keep such dogs until the final decision of the court on the charges.

These sections are similar to SB 201 (2009) and SB 201 (2009).

SECTION 578.255

This section prohibits any person from possessing or using an alcoholic beverage vaporizer. Such a vaporizer is defined as "any device which, by means of heat, a vibrating element, or any other method, is capable of producing a breathable mixture containing one or more alcoholic beverages to be dispensed for inhalation into the lungs via the nose or mouth or both." Also, no person shall intentionally induce or abuse solvents or ethyl alcohol. A violation of these provisions is a Class B misdemeanor.

This section does not apply to substances that are FDA-approved or administered by a medical practitioner.

These provisions shall not be construed to prohibit the legal consumption of intoxicating liquor, including wine and beer, and nonintoxicating beer.

This section is identical to SB 26 (2009).

SECTION 590.701

This section requires custodial interrogations of persons suspected of certain serious offenses to be recorded when feasible unless certain exceptions exists. Each law enforcement agency shall adopt a written policy regarding such interrogations. Law enforcement agencies are permitted to record an interrogation in any circumstance with or without knowledge or consent of the suspect.

"Custodial interrogation" means the questioning of a person under arrest, who is no longer at the scene of a crime, by a member of the law enforcement agency along with the answers and other statements of the person questioned. The term does not include: 1) situations where the person voluntarily agrees to meet with law enforcement, 2) detention by law enforcement that has not risen to the level of an arrest, 3) questioning that is routinely asked during the processing of the arrest of the suspect, 4) questioning pursuant to an alcohol influence report, and 5) questioning during the transportation of the suspect.

If a law enforcement agency fails to comply with these provisions and acts without good faith, the Governor may withhold any state funds received by the agency.

This section is identical to SB 310 (2009).

SECTIONS 595.010, 595.015, 595.020, 595.025, 595.027, 595.030, 595.035, 595.037, 595.040, 595.045, 595.060, 595.220, & 191.225

Under Executive Order 07-07 (2007), the administration of the Crime Victims' Compensation Fund was transferred from the Department of Labor and Industrial Relations to the Department of Public Safety. Thee act would reflect such transfer in statute.

Under this act, the Department of Public Safety may receive gifts for the benefit of crime victims, which shall be credited to the Crime Victims' Compensation Fund.

This act provides that compensation from the fund shall not be paid to a victim injured while subject to electronic monitoring in the same manner as persons who are incarcerated or under house arrest.

Upon request, pharmacists shall submit information to the department to provide verification of victims' injuries in the same manner as other medical providers.

Also, under executive order, the Department of Public Safety makes payments to medical providers to cover the charges of the forensic examinations of sexual assault victims, rather the Department of Health. This act would reflect such transfer of responsibility in statute. This act also specifies that medical providers shall use collection procedures developed for victims who are minors when appropriate. Also, the medical provider's report of a forensic examination shall no longer be filed with the prosecuting attorney within three days.

This act provides that compensation under the crime victims' compensation fund must be for reasonable expenses, and if such expenses are medical, they must be medically necessary. It also specifies that payment for forensic examinations to medical providers must be for reasonable and medically necessary charges. Under this act, claims for forensic examination charges by medical providers must be made within 90 days. Also, for consideration of such claim by the department, the alleged sexual offense must have occurred in Missouri and the examination charges submitted must be itemized and fall within the definition of a forensic examination.

This act is similar to SB 332 (2007) and identical to SCS/SB 338 (2009).

Certain provisions of this act are similar to CCS/SS/SCS/HCS/HB 62 (2009).

SUSAN HENDERSON MOORE