|SB 0530||Modifies various provisions relating to crimes and punishment|
|LR Number:||2782L.08C||Fiscal Note:||2782-08|
|Committee:||Aging, Families and Mental Health|
|Last Action:||04/17/00 - HCS Reported Do Pass H Criminal Law Committee||Journal page:||H970|
|Title:||HCS SCS SB 530|
|Effective Date:||August 28, 2000|
HCS/SCS/SB 530 - This act modifies various crime and punishment provisions.
Section 43.500 - Modifies the definition of "State Offense Cycle Number" or "OCN" and adds a definition for "Missouri charge code".
Section 43.503 - Currently, this section provides for appropriate criminal record keeping. New language requires the inclusion of charge codes in records and allows information to be electronically transmitted to the state highway patrol. For juveniles taken into custody, the name, fingerprints, and other information shall be provided to the court by the agency taking custody of the juvenile. Juvenile authorities may forward fingerprints and other identification of juveniles who are certified as adults to the central repository for entry into the tracking system. Notification should be made if certification is no longer applicable.
Information for the central repository and fingerprints may be obtained at any time the subject is in custody. Prosecuting attorneys and City attorneys may request this information and the OCN at arraignment or another appropriate time. Nothing in this chapter prohibits the reporting of information to the central repository on violations not categorized as reportable offenses.
Section 43.506 - Currently designates reportable offenses. Cases involving a child under seventeen and imposing a suspended imposition of sentence are removed. Other offenses that are currently exempted are removed from exemption.
Section 43.518 - This section currently creates the "Criminal Records Advisory Committee". This act requires the Committee to meet annually.
Section 43.530 - Currently, this section establishes record fees. Fees will be $5 for information without a fingerprint search and $14 for information with a fingerprint search.
Section 43.532 - New language only allows information from the repository to be used for specific purposes. The subject may challenge the accuracy of the record.
Section 43.543 - Current language regarding employee criminal history is removed. This act allows fingerprints to be submitted to the state highway patrol for criminal background checks by specific state agencies.
Section 195.017 - This section currently lists schedule I-V substances. Gamma hydroxybutyric acid is added to schedule I and III. Ketamine is added to schedule III. This portion is similar to HBs 1973 & 1880.
Section 195.070 - Currently allows certain health practitioners to administer pharmaceuticals. This act allows them to permit other individuals authorized by statute to administer and dispense.
Section 210.950 - This new section allows a parent to relinquish custody of a newborn to a hospital without prosecution. The hospital will turn the newborn over to the Division of Family Services without liability. This portion is similar to SB 597.
Section 217.750 - Adds criminal nonsupport to the list of misdemeanors requiring probation.
Section 221.120 - Currently this section outlines health care procedures for prisoners. Adds the provision that state costs for prisoners shall include medical costs. This portion is similar to SB 892.
Section 221.407 - New language allows regional jail district commissions to submit a ballot question regarding the imposition of sales taxes for jail services, court facilities, and equipment.
Section 221.510 - Implements "Jake's Law" to require outstanding warrant checks before prisoners are released. If an outstanding warrant is found, officials must notify the agency issuing the warrant to determine further action. This portion is similar to HBs 1973 & 1880.
Section 552.020 - Currently outlines the procedure for acquitting someone based on mental disease or defect. It is modified to reflect the change of the definition of "secure facility" in section 552.040.
Section 552.040 - Currently provides for everyone committed under this law to be kept in a "secure facility". This act includes Marshall Habilitation Center in that definition. New language is added to allow a parent or guardian of a committed person to appeal their move to Marshall.
Section 565.084 - Currently prohibits the crime of tampering with a judicial officer. This act adds juvenile court officers to the definition.
Section 566.111 - This new section creates the crime of bestiality as a Class D felony. This portion is similar to HB 1658.
Sections 568.030, 568.045, 568.050 - Currently these sections create the crimes of child abandonment and endangering the welfare of a child. This act allows an affirmative defense in all three cases that the parent relinquished custody of the child to a hospital.
Section 568.052 - Creates the crime of leaving a child unattended in a motor vehicle in the second degree as a Class A misdemeanor. The crime occurs if a child, age ten or younger, is left alone in a vehicle and the child injures another person.
Section 569.072 - Creates the crime of unlawful drug transactions with a child as a Class A felony. A person commits the crime if he or she knowingly exposes a child under seventeen to illegal activity in controlled substances.
Section 568.176 - Creates a Class B felony for selling a child under eighteen years of age, when the transaction is not a legitimate adoption.
Section 575.230 - Changes the penalty for aiding the escape of a prisoner from a Class D to a Class B felony.
Section 610.120 - Currently provides that closed records may be provided to certain entities. This act adds criminal justice agencies, criminal justice employment persons, law enforcement agencies, subjects of the records, agencies authorized by the state highway patrol, and agencies screening child care workers.
Section 610.122 - Currently provides for the expungement of arrest records. This act makes additional requirements before records may be removed.
Sections 650.400 and 650.403 - Designates the Department of Public Safety as the central repository for crime records and requires creation of the central repository. The Department must forward required information to the FBI, provide training to all law enforcement agencies, and publish an annual report on crime. These provisions are similar to SCS/SB 980 and HB 1677.
Sections 650.406 and 650.409 - Allows the Department of Public Safety to enter agreements with entities for statistical data on crime. Requires law enforcement agencies to cooperate with the collection of data.
Section 650.412 - Allows the Director of the Department to promulgate rules.
Section 650.415 - Provides that law enforcement agencies who do not comply with these sections may be ineligible to receive state or federal funds.
Sections 1 to 6 - Creates the "Missouri Rehabilitation and
Sealed Records Act" to allow any person who has pled or been
found guilty of one felony and two misdemeanors to request that
his or her records be closed, if all requirements are satisfied.
A court may set aside all verdicts, dismiss all cases against the
petitioner, and close the records. Such petitioners will waive
all rights to work in gambling operations. Failure to seal is a
Class B misdemeanor. Use of the sealed information for financial
gain is a Class D felony. The public may not have access to the
records. Law enforcement agencies may have access to the