SCS/SB 1115 - This act modifies provisions relating to criminal laws.JURISDICTION OF JUVENILE COURTS (Section 211.031)
Under current law, the juvenile court shall have exclusive original jurisdiction in proceedings involving a juvenile who violated a state law and jurisdiction in those cases may be taken by the court of the circuit in which the child resides or in which the violation is alleged to have occurred.
This act provides that any proceeding involving a child who is alleged to have violated state law shall be brought in the court of the circuit in which the violation occurred, except if a juvenile officer transfers the case or the court grants a motion to transfer the case to the circuit court in which the child resides.
These provisions are identical to provisions in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and SCS/SBs 406 & 423 (2023).
JUVENILE RISK AND NEEDS ASSESSMENTS (Section 211.141)
This act provides that when a juvenile officer makes a risk and needs assessment of a child, he or she shall use a cumulative total of points assessed for all alleged offenses committed to determine whether or not the court shall order the child to be detained.
This provision is identical to provisions in SCS/SB 502 (2023).
INMATE PHONE CALL FEES (Sections 217.451 & 221.108)
This act provides that correctional centers shall charge no more than 12 cents per minute for a domestic phone call of an inmate.
Additionally, no jail may charge a fee of more than 14 cents per minute for a phone call for any jail with an average daily population of more than 1,000 inmates or more than 21 cents per minute for any jail with an average daily population of fewer than 1,000 inmates.
This act is identical to SB 1098 (2024), SB 592 (2023), and HB 693 (2023).
ARRESTS FOR TRAFFIC VIOLATIONS (Sections 307.018 and 556.021)
This act provides that no court shall issue a warrant of arrest for a person's failure to respond, pay the fine assessed, or appear in court with respect to a traffic violation issued for an infraction. In lieu of the warrant, the court shall issue a notice of failure to respond, pay the fine assessed, or appear, and the court shall schedule a second court date for the person to respond, pay the fine assessed, or appear. If the driver fails to respond to the second notice or the pay the fine, the court may issue a default judgment for the infraction. The driver may appear in court after a default judgment to show proof the fine was paid.
This provision is identical to a provision in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and similar to a provision in HCS/SS/SCS/SB 72 (2023), HCS/SS#3/SB 22 (2023), HB 305 (2023), and HS/HCS/HBs 1108 & 1181 (2023).
MOTION TO VACATE OR SET ASIDE THE JUDGMENT (Section 547.031)
Under current law, a prosecuting attorney may file a motion to vacate or set aside the judgment in the jurisdiction in which the person was convicted. This act changes this provision to the jurisdiction in which charges were filed.
This provision is identical to a provision in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and SS/SCS/HCS/HB 301 (2023).
PERSISTENT OFFENDERS (Section 558.016)
Under current law, the court may sentence a person to an extended term of imprisonment if such person is a persistent offender. This act adds that a "persistent offender" shall also include a person who has been found guilty of a dangerous felony as defined in law.
This provisions is identical to a provision in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and to a provision in SCS/SB 502 (2023) and SS/SCS/HCS/HB 301 (2023).
MINIMUM PRISON TERMS FOR ARMED CRIMINAL ACTION (Sections 558.019 & 571.015)
Under current law, certain offenses are excluded from minimum prison terms for offenders who also have prior felony convictions. This act repeals the exclusion of the offense of armed criminal action.
This act also modifies the minimum prison terms for the offense of armed criminal action. For a person convicted of a first offense of armed criminal action, the term of imprisonment shall be no less than 3 years. For a person convicted of a second offense of armed criminal action, the term of imprisonment shall be no less than 5 years. Additionally, this act provides that a person convicted of armed criminal action shall not be eligible for probation, conditional release, or suspended imposition or execution of sentence; however, the person shall be eligible for parole.
This provision is identical to a provision in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and SCS/SB 502 (2023).
CYBER CRIMES TASK FORCE (Section 565.258)
This act creates the "Stop Cyberstalking and Harassment Task Force" with membership as provided in the act. The Task Force shall elect a chairperson and shall hold an initial meeting before October 1, 2024.
The Task Force shall collect feedback from stakeholders, which may include victims, law enforcement, victim advocates, and digital evidence and forensics experts. The Task Force shall make recommendations on what resources and tools are needed to stop cyberstalking and harassment, as provided in the act.
The Task Force shall submit a report to the Governor and General Assembly on or before December 31 of each year and the Task Force shall expire on December 31, 2026, unless the Department of Public Safety determines the Task Force should be extended until December 31, 2028.
This provision is identical to SB 1070 (2024) and to provisions in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), and SB 660 (2023).
OFFENSE OF ENDANGERING THE WELFARE OF A CHILD (Section 568.045)
This act adds to the offense of endangering the welfare of a child in the first degree that any person who knowingly encourages or aids a child less than 17 to engage in any conduct violating law relating to firearms shall be guilty of a class D felony.
This act contains an emergency clause.
This provision is identical to provisions in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and SB 405 (2023) and HB 11 (2020).
OFFENSE OF UNLAWFUL POSSESSION OF FIREARMS (Section 571.070)
Under current law, unlawful possession of a firearm is a class D felony, unless a person has been convicted of a dangerous felony then it is a class C felony.
This act changes the penalty for the offense to a class C felony, unless a person has been convicted of a dangerous felony or the person has a prior conviction for unlawful possession of a firearm, then it is a class B felony.
This provision is identical to a provision in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and SCS/SB 502 (2023) and substantially similar to SB 850 (2022).
OFFENSE OF DELIVERY OF A CONTROLLED SUBSTANCE (Sections 579.021 & 579.022)
This act creates the offenses of delivery of a controlled substance causing serious physical injury which shall be a class C felony. This act also creates the offense of delivery of a controlled substance causing death which shall be a class A felony.
These provisions are identical to provisions in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and HS/HCS/HBs 1108 & 1181 (2023).
CRITICAL INCIDENT STRESS MANAGEMENT PROGRAM (Section 590.192)
This act adds firefighters as eligible first responder personnel to receive services from the Critical Incident Stress Management Program of the Department of Public Safety.
This provision is identical to SB 760 (2024), SB 121 (2023) and a provision in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and HCS/SS/SCS/SBs 119 & 120 (2023).
CIVILIAN REVIEW BOARDS (Section 590.653)
This act provides that civilian review boards established by political subdivisions shall solely be limited to reviewing, investigating, making findings and recommending disciplinary action against law enforcement officers.
This provision is identical to SB 800 (2024) and a provision in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and similar to a provision in SCS/HCS/HBs 640 & 729 (2023).
MARY GRACE PRINGLE