Missouri State Senate

Senate Committee Substitute

SCS/SBs 112, 212, 143, & 234 - This act modifies provisions in, or relating to, the Revised Criminal Code.

FELONY CLASSIFICATIONS - 192.2260, 301.559, 339.100, 400.9-501,571.020 - 571.072, & 632.520

During the 2014 session, the General Assembly passed a large-scale revision of the Missouri Criminal Code, which included the addition of a Class E felony and a modification of the terms of imprisonment for Class C, D, and E felonies.

Under current law, the maximum term for a Class C felony is seven years and the maximum term for a Class D felony is four years. Beginning January 1, 2017, when SB 491 (2014) takes effect, the term of imprisonment for a Class C felony will be three to 10 years, the maximum term for a Class D felony will be seven years, and the maximum term for a Class E felony will be four years.

To reflect the change in the authorized terms of imprisonment, this act modifies several crimes once classified as Class C felonies to make them Class D felonies and crimes once classified as Class D felonies have become Class E felonies.

ELDER ABUSE REPORTING - 192.2405, 192.2410, & 565.188

Under current law, certain types of people must report to the Department of Health and Senior Services if the person has reasonable cause to suspect that a person 60 years of age or older or an eligible adult has been subject to abuse or neglect. This act provides that reports only need to be made if the victim is an eligible adult.

REPORTING REQUIREMENTS IN LONG-TERM CARE FACILITIES - 198.070

This act amends the provision relating to reporting of suspected abuse and neglect of a resident of a long-term care facility who is sixty years of age or older or an eligible adult. Current law requires a report to be made to the Department of Health and Senior Services in the event of suspected abuse and neglect. Under this act, in the event of a suspected sexual assault of the resident, specified mandated reporters shall also report to local law enforcement under the procedures of the federal Elder Justice Act of 2009.

This provision is identical to SB 234 (2015) and SB 971 (2014) and is substantially similar to SCS/HCS/HB 807 (2015).

TWO-WAY TELECOMMUNICATIONS DEVICES IN PRISONS AND JAILS - 217.360 & 221.111

Under current law, it is a crime to possess, deliver, deposit, or conceal certain items in a prison or jail. This act adds two-way telecommunications devices and their component parts to the list of prohibited items.

This act provides that the prohibition on telecommunications devices does not apply to law enforcement officers lawfully engaged in their duties or any person who is authorized to use such a device in the facility.

This provision is identical to HB 612 (2015) and SCS/HCS/HB 807 (2015) and nearly identical to SB 252 (2015).

FIRST DEGREE MURDER - 565.030 - 565.040

This act repeals obsolete provisions stating that certain trials are to proceed in a single stage. Other technical changes were made in this act to make the provisions align with amendments in SB 491 (2014).

The provisions modifying penalties and section references to align with changes made in SB 491 (2014) take effect January 1, 2017.

These provisions are identical to provisions of HCS/SB 200 (2015) and are similar to provisions of SB 790 (2014), SB 491 (2014), SB 377 (2013), SB 253 (2013), and SB 872 (2012).

STALKING - 565.225

This act adds the act of knowingly accessing, or attempting to access, the address of a participant of the address confidentiality program administered by the Secretary of State to the elements of aggravated stalking.

Beginning in 2017, as a result of SB 491 (2014), aggravated stalking will be known as stalking in the first degree. This act also adds the act of knowingly accessing, or attempting to access, the address of a participant of the address confidentiality program to the elements of first degree stalking.

This provision is identical to SB 212 (2015) and SCS/HCS/HB 807 (2015) and is similar to SB 710 (2014).

ANIMAL OR LIVESTOCK TRESPASS - 578.005 - 578.040

Currently, the crime of animal trespass is defined as a person having ownership of an animal who fails to provide adequate control of the animal for a period of 12 hours or more.

Under this act, a person commits the offense of animal or livestock trespass by either failing to provide adequate control of any animal except livestock when the animal trespasses on another person's property or failing to provide adequate control of livestock for a period of 12 hours or more.

In addition, this act removes the maximum fines that may be charged for animal or livestock trespass, which potentially conflict with another provision of law setting the maximum fines for infractions and Class C misdemeanors. This act repeals a provision stating that reasonable costs for the care and maintenance of trespassing animals may not be waived.

These provisions are identical to HCS/SCS/SB 131 (2015), and HCS/HB 258 (2015), and SCS/HCS/HB 807 and are similar to SB 143 (2015).

MEGHAN LUECKE

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