SB 829 Modifies provisions regarding the justice system
Sponsor: Schaefer
LR Number: 4708L.08C Fiscal Note: 4708-08N.ORG
Committee: Jobs, Economic Development and Local Government
Last Action: 5/14/2010 - In Conference--SCS for SB 829-Schaefer, with HCS, as amended Journal Page:
Title: HCs SCS SB 829 Calendar Position:
Effective Date: August 28, 2010
House Handler: Lipke

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Current Bill Summary

HCS/SCS/SB 829 - This act relates to the justice system.

SECTION 66.720

Jefferson County shall not adopt a charter provision or ordinance that prohibits such county from contracting out the county's probation services with a private entity.

This section is similar to HB 2378 (2010), HCS/SS/SCS/SB 580 (2010), and HCS/SB 893 (2010).

SECTION 67.320

Cass County may prosecute and punish violations of its county orders in the circuit court of such county or a county municipal court if available.

SECTION 67.402

This section allows Cass, Clinton, Andrews, Buchanan, and Livingston counties to enact nuisance abatement ordinances regarding the condition of real property.

This section allows the counties covered by the statute to adopt nuisance abatement ordinances involving land with tires or storm water runoff conditions resulting in damage to buildings.

No county shall have the power to adopt ordinances under this section governing any railroad company.

This section is similar to SB 286 (2009), the provisions of the perfected version of SS/SCS/SB 580 (2010), HB 1303 (2010), hB 1591 (2010), and HB 1759 (2010).

SECTION 71.285

Currently, certain cities, including specific third class cities, are allowed to remove weeds and trash at the owner's expense, as a special tax bill, if the property is in violation of the city ordinances more than once during the year. This section would allow any city of the third classification to have such power.

This section is identical to a provision of SS/SCS/SB 580 (2010).

SECTIONS 195.233, 302.020, 302.321, & 303.025

These sections make the offenses of possessing drug paraphernalia, operating a vehicle without a license, driving while revoked, and failing to maintain financial responsibility necessary to register a vehicle an infraction if performed recklessly. Knowing performance of such offenses shall remain misdemeanors.

These sections are similar to provisions of HCS/HB 1541 (2010).

SECTION 195.505

This section allows political subdivisions and the highway patrol to form a multijurisdictional enforcement group to investigate alcohol and tobacco drug violations.

SECTION 209.200

This section defines the term "professional therapy dog" under certain provisions in Chapter 209 referring to service dogs.

SECTION 211.031

This section lowers the age limit for juvenile court jurisdiction for state or local traffic violations from 15 l/2 to 15 years of age.

This section is identical to provisions of HB 1421 (2010), HCS/HB 1451 (2010), and SCS/SB 1060 (2010).

SECTION 217.045

This section specifies that the department of corrections shall have the authority to disburse grants, federal funds, and other funds as may be specified in any requirements, terms and conditions attached thereto or as appropriated by the general assembly.

This section is identical to HB 1785 (2010) and a provision of HCS/HB 1451 (2010).

SECTION 303.025

Under this act, a nonresident shall not operate a motor vehicle in Missouri unless the nonresident maintains financial responsibility which conforms to the requirements of the laws of the nonresident's state of residence. A nonresident who fails to maintain financial responsibility is guilty of a Class C misdemeanor.

These provisions are similar to provisions of HCS/HB 1205 (2010), HCS/HB 1541 (2010), HB 1847 (2010), HB 1996 (2010), SS/SCS/HCS/HB 2111 (2010), HCS/SCS/SB 583 (2010), HCS/SB 716 (2010), SS/SCS/SB 761 (2010), and SCS/SB 902 (2010).

SECTION 479.260 & 488.5032

If a case is dismissed before the defendant pleads guilty or is found guilty, the judge may assess court costs as determined by Section 488.012, against the defendant if the person consents to paying the costs, except in cases where the defendant is found by the judge to be indigent.

These provisions are similar to provisions of HCS/HB 1451 (2010).

SECTION 488.5050

Currently, funds collected from a certain court surcharge are deposited into the DNA Profiling Analysis Fund; however, if during the previous fiscal year, the state's general revenue did not increase by 2% or more, the state treasurer shall deposit such money into the state general revenue fund. Under this section, the money from the court surcharge would be deposited into the DNA Profiling Analysis Fund regardless of the state's general revenue from the previous year. The section also specifies that money from the fund shall only be used by the Highway Patrol.

This section is similar to HCS/HB 1451 (2010), HB 1869 (2010), and SB 779 (2010) and has an emergency clause.

SECTION 545.030

No indictment or information shall be deemed invalid, nor shall a trial or judgement be stayed or affected in the case of any sexual offense or any felony offense for the omission of the defendant's name, if the identity of the defendant is unknown at the time of the indictment or information is brought and the indictment or information describes the defendant as a person whose name is unknown but who has a particular DNA profile.

This section has an emergency clause.

This section is similar to a provision of HCS/HB 1451 (2010).

SECTION 557.014

This act allows prosecuting attorneys, upon agreement with the accused or defendant, to divert a criminal case to a prosecution diversion program for a period of six months to two years when the advantages of diversion outweigh immediate court activity. The prosecuting attorney shall have the authority to extend the diversion period for up to two more years.

The prosecuting attorney may develop the program requirements; however, crimes that are violent, sexual, involve a child victim or possession of an unlawful weapon, or are violations of a current condition of probation or parole are not eligible. The accused must submit to all requirements and any newly discovered criminal behavior while in the program shall immediately forfeit the accused or defendant's right to continued participation at the discretion of the prosecuting attorney.

The prosecuting attorney may impose conditions on the accused or defendant that assure the well-being of the community. The conditions shall include, but are not limited to, requiring no further criminal behavior during the program, payment of restitution to any victim, and requiring the accused or defendant to pay an administrative handling cost of $100. The $100 cost, and deposits under Section 570.120 for passing bad checks, shall be deposited into the "Administrative Handling Cost Fund" to be used by the prosecuting attorney. The prosecuting attorney shall collect an additional $5 per case for deposit into the Missouri office of prosecution services fund.

The responsibility and authority to screen or divert specific cases, or to refuse to take such action, shall rest solely with the prosecuting attorney. The decision regarding diversion shall not be subject to appeal or be raised as a defense in any prosecution.

Any person participating in the program shall have the right to insist on criminal prosecution and the right to counsel during all diversion proceedings unless the right is knowingly waived. The prosecuting attorney may require the reinitiation of criminal proceedings at any time.

Any county, city, person, organization, or employee involved with the supervision of the program's activities shall be immune from any suit by the person performing the work under the diversion program or any person deriving a cause of action from such person, except for intentional tort or gross negligence. People in the program shall not be deemed to be employees under Chapter 288 or 287. Any person supervising the accused or defendant shall report any violations of the terms of the diversion program to the prosecuting attorney.

After completion of the program and any conditions imposed, the individual shall be entitled to a dismissal or alternative disposition of the charges against him or her. At the discretion of the prosecutor, such disposition may be without prejudice to the state for the reinstitution of criminal proceedings, within the statute of limitations, upon subsequent criminal activity on the part of the accused. Such individual shall be required to pay any associated court costs prior to dismissal of pending charges.

This section is similar to a provision of HCS/HB 1451 (2010).

SECTION 559.036

A defendant shall not be entitle to an automatic change of judge in a probation revocation proceeding.

This section has an emergency clause.

This section is similar to a provision of HCS/HB 1451 (2010), HB 2341 (2010), and SCS/SB 1060 (2010).

SECTION 559.100

Restitution shall be paid through the office of the prosecuting attorney. Nothing shall prohibit the prosecuting attorney from contracting with another entity for the collection of such restitution. Interest shall be allowed when ordered by the court.

The prosecuting attorney shall collect an administrative handling cost of $25 when the restitution is less than $100, $50 for between $100 $249 of restitution, and a fee of 10% of the total restitution cost if such restitution is $250 or more, up to $75. Additionally, an installment cost shall be assessed in the amount of $2 per installment, except for the first installment, until the restitution is paid in full. Such administrative handling costs shall be deposited into the "Administrative Handling Cost Fund" to be used for expenses of the prosecuting attorney's office.

Additionally, the prosecuting attorney shall collect $5 per each crime victim to whom restitution is paid for deposit into the Missouri Office fo Prosecution Services Fund.

SECTION 559.105

Currently, a person eligible for parole for certain tampering and stealing violations may be required as a condition of parole to make restitution. This section requires any person eligible for parole to make court-ordered restitution as a condition of parole.

The court may set an amount of restitution to be paid by the defendant, which may be taken from the inmate's account at the department of corrections while the defendant is incarcerated. Upon release or parole, if any amount of such court-ordered restitution is unpaid, the payment of the unpaid balance may be collected as a condition of release or parole by the prosecuting attorney. The prosecuting attorney may refer any failure to make restitution as a condition of release or parole to the parole board for enforcement.

This section is similar to a provision of HCS/HB 1451 (2010).

SECTION 559.117

The director of the Department of Corrections is authorize to establish, as a three-year pilot program, a mental health assessment process.

Upon a motion filed by the prosecutor in a criminal case, the judge may request that an offender be placed in the Department of Corrections for 120 days for a mental health assessment and treatment if it appears the person has a mental disorder or illness. The offender must qualify for probation including community psychiatric rehabilitation programs and such probation must be appropriate and consistent with public safety for the offender to be eligible for placement. Before the judge rules on the motion, the victim shall be given the opportunity to be heard by the court. Upon recommendation of the court, the department shall determine the offender's eligibility for the mental health process.

Following the assessment and treatment period, an assessment report shall be sent to the court. The court, if appropriate, may release the offender on probation. The offender shall be supervised by a state probation officer, who will work with the department of mental health to enroll eligible offenders in community psychiatric rehabilitation programs.

Persons convicted of certain serious offenses or any other offense where probation or parole is prohibited or persons found to be predatory sexual offenders are not eligible for probation under this act.

After three years, the directors of the Department of Corrections and Department of Mental Health shall jointly recommend to the Governor and General Assembly by December 31, 2013 on whether to expand the process statewide.

This section is similar to SB 995 (2010) and provisions of HCS/HB 1451 (2010).

SECTION 559.604

Currently, private entities can only be used to supervise individuals who are on probation for misdemeanor offenses. This section would no longer restrict private probation to misdemeanors. This section also increases the maximum amount per day that an offender can be required to pay for private probation services. The amount is increased from $50 to $65.

This section is similar to HB 1746 (2010) and SB 731 (2010).

SECTION 568.040

Under this section, a parent commits criminal nonsupport if he or she knowingly fails to provide adequate child support as legally obligated. Currently, such an act is criminal if the person did so without good cause.

SECTION 570.120

Moneys received from this section shall be deposited into the "Administrative Handling Cost Fund" established under Section 559.100 (see above).

SECTION 571.030

This section exempts elected prosecutors and assistant prosecutors with written authorization from an elected prosecutor from certain otherwise unlawful uses of a weapon.

Such acts include the general prohibition against carrying a concealed firearm without an endorsement, shooting into a dwelling, exhibiting a weapon in a threatening manner, discharging a firearm within 100 yards of a school, courthouse, or church, discharging a firearm along a highway, carrying a firearm into a church or election precinct, discharging a firearm at or from a vehicle at a person, and carrying a firearm into a school. These exemptions are identical to the exception for peace officers, jailers, members of the military, members of the judiciary, persons executing process, probation and parole officers, corporate security advisors, and coroners.

This act is similar to provisions of SB 740 (2010), HB 1308 (2010), HCS/HB 1451 (2010), SS/SCS/HB 1609 (2010), SS/SCS/HCS#2/HB 1692, SCS/HCS/HB 1787 (2010), SS/SCS/HB 1802 (2010), and HCS/SCS/SB 887 (2010).

SECTION 575.060

Under this section, a person commits the crime of making a false declaration if, with the purpose to mislead a public servant if he or she provides any verbal false statement regarding his or her identity, which he or she believes or knows not to be true. Such offense is a class B misdemeanor.

This section is identical to HB 2207 (2010).

SECTIONS 595.036 - 621.275

These sections modify the process for appealing a decision of the Department of Public Safety regarding a Crime Victims' Compensation Fund claim.

Currently, an aggrieved person files a petition with the division of workers' compensation to have a decision heard de novo by an administrative law judge. Any party aggrieved by the decision of the administrative law judge may file a petition with the Labor and Industrial Relations Commission to appeal such decision. Finally, any party aggrieved by the commission's decision may appeal to the court of appeals.

Under these sections, an aggrieved person may file a petition with the director of the Department of Public Safety to have the original decision of the department staff heard de novo. Any party aggrieved by the decision of the director may file a petition with the Administrative Hearing Commission. The decision of the Administrative Hearing Commission can then be appealed to circuit court.

These sections are similar to SB 787 (2010) and SS/SCS/SB 1014 (2010) as perfected.

SECTION 650.470

This section creates the Reverend Nathaniel Cole Memorial Pursuit Reduction Grant. Any money appropriated or donated to the fund will be used to provide grants, in the amount of a 50% match, to urban police departments which purchase real-time tagging and tracking pursuit management systems. An applicant's eligibility shall be determined by the Director of the Department of Public Safety.

This section is identical to HB 2064 (2010).