SB 512
Modifies various criminal offenses including assault, harassment, acceding to corruption, and driving while intoxicated and provides for a court surcharge in certain cases
Sponsor:
LR Number:
2034S.01I
Last Action:
4/3/2017 - Hearing Conducted S Judiciary and Civil and Criminal Jurisprudence Committee
Journal Page:
Title:
Calendar Position:
Effective Date:
August 28, 2017

Current Bill Summary

SB 512 - This act modifies various criminal offenses including assault, harassment, acceding to corruption, and driving while intoxicated.

CONSERVATION COMMISSION (252.069)

This act states that an agent of the Conservation Commission may enforce provisions of law establishing the offense of littering and the offense of abandoning a vehicle only upon the water, the banks thereof, or public land.

This provision is identical to a provision in the truly agreed to and finally passed version of SB 34 (2017), the truly agreed to and finally passed version of SB 128 (2017), SS/SCS/HCS/HBs 302 & 228 (2017), HCS/HB 1133 (2017), HCB 9 (2017), and SCS/HCB 1 (2017).

CRIMINAL CODE REVISION (479.170)

The act changes a sectional reference in a section prohibiting a municipal judge from hearing cases involving the operation of a motor vehicle while intoxicated.

This provision is identical to a provision in the truly agreed to and finally passed version of SB 128 (2017), the truly agreed to and finally passed version of SB 34 (2017), HCB 9 (2017), SCS/HCB 1 (2017), and HCS/HB 1133(2017).

CONTROLLED SUBSTANCE SURCHARGE (488.029)

Currently a court surcharge of one hundred fifty dollars is assessed in criminal cases involving violations of the Missouri Narcotic Drug Act. This act states that such surcharge shall also be assessed in cases involving controlled substance offenses.

This provision is identical to a provision in HCS/HB 113 (2017), SCS/HCB 1 (2017), HCS/SS/SB 34 (2017), HCB 9 (2017), and the truly agreed to and finally passed version of SB 128 (2017).

ASSAULT AND HARASSMENT (557.035, 565.076, 565.091)

This act provides that the state may charge assault in the fourth degree, rather than assault in the third degree, which is already a Class E felony, as a Class E felony if the defendant was motivated by the race, color, religion, national origin, sex, sexual orientation or disability of the victim.

This provision is similar to provisions in HCS/HB 57 (2017), SCS/HCB 1 (2017), HCB 9 (2017), the truly agreed to and finally passed version of SB 34 (2017), and the truly agreed to and finally passed versions of SB 128 (2017).

Under current law, the offense of domestic assault in the fourth degree is a Class A misdemeanor, unless the person has previously been found guilty of assault of a domestic victim two or more times, in which case such offense is a Class E felony. This act provides that domestic assault in the fourth degree is a Class E felony if the person has been found guilty two or more times of any assault offense under state law or of any offense against a domestic victim under any local ordinance, or any state, federal, or military law which would constitute domestic assault in the fourth degree if committed in this state.

Harassment in the second degree is a Class A misdemeanor, unless the person has previously been found guilty of harassment in the second degree or of any offense under any local ordinance, state law, federal law, or military law, which would be chargeable as harassment in the second degree, then harassment in the second degree is a Class E felony. The provisions criminalizing harassment in the second degree shall not apply to the activities of law enforcement officers conducting investigations.

These provisions are identical to provisions in the truly agreed to and finally passed version of SB 128 (2017), SCS/HCB 1 (2017), the truly agreed to and finally passed version of SB 34 (2017), HCB 9 (2017), and HCS/HB 1133 (2017).

ACCEDING TO CORRUPTION (575.280)

The offense of acceding to corruption is a Class D felony if a witness accepts a benefit on the understanding that he or she will disobey a legal process in a felony prosecution proceeding.

This provision is identical to a provision contained in the truly agreed to and finally passed version of SB 128 (2017), the truly agreed to and finally passed version of SB 34 (2017), HCB 9 (2017), SCS/HCB 1 (2017), and HCS/HB 1133 (2017).

INTOXICATED RELATED OFFENSES (577.001, 577.010)

The definition of the terms "habitual offender" and "intoxication-related traffic offense" are modified as used in provisions relating to public safety criminal offenses. Driving while intoxicated is a Class B felony if the person acts with criminal negligence to 1) cause the death of another who is not in the vehicle, 2) cause death of two or more persons, or 3) cause the death of any person while having a blood alcohol content of at least eighteen-hundredths of one percent.

These provisions are substantially similar to provisions found in the truly agreed to and finally passed version of SB 128 (2017), the truly agreed to and finally passed version of SB 34 (2017), SCS/HCB 1 (2017), HCB 9 (2017), and HCS/HB 1133 (2017).

CRIME VICTIMS COMPENSATION FUND (595.045)

The act specifies that when a defendant is found guilty of a Class E felony the court shall enter a judgment for forty-six dollars payable to the Crime Victims' Compensation Fund.

This provision is identical to a provision contained in HB 743 (2017), HCS/HB 1133 (2017), SCS/HCB 1 (2017), HCB 9 (2017), HCS/SS/SB 34 (2017), and the truly agreed to and finally passed version of SB 128 (2017).

JESSI BAKER

Amendments