HS/HCS/HBs 1577, 1760, 1433, 1430, 1029 & 1700 - This act modifies numerous criminal laws.

TAMPERING WITH PHARMACEUTICALS - This act creates the crime of tampering with a prescription drug order. A person commits this crime if he or she purposely: (1) Misbrands, dilutes, or alters the concentration or chemical structure of a prescribed drug or therapy without the prescribing practitioner's knowledge or consent; (2) Misrepresents a misbranded, altered, or diluted drug with the purpose of misleading the recipient or the person administering the drug or therapy; or (3) Sells a misbranded, altered, or diluted drug or therapy with the intention of misleading the purchaser. Tampering with a prescription drug order is a Class B felony. It is a Class A felony if death or serious physical injury occurs as a result of the tampering. Tampering with a prescription drug order is also an unlawful merchandising practice.

The act changes the standard for the pharmacy board to seek disciplinary action against a pharmacist's license through an expedited hearing at the administrative hearing commission from action that constitutes a "clear and present danger" to action that poses a "probability of serious danger". It also allows the pharmacy board to restrict or suspend the license of a pharmacist if the board believes the pharmacist has taken action that poses a probability of serious danger, pending the action of the Administrative Hearing Commission, and requires the Board to file a request for an expedited hearing with the Commission within three business days of the restriction or suspension.

COUNTY CRIME REDUCTION FUNDS - The act allows county commissions to create county crime reduction funds and specifies the purposes for which the money in the funds can be spent.

STEALING - The act modifies a number of provisions in the stealing and forgery laws including the following: (1) Requires certain merchants to provide to law enforcement officers proof of purchase for any new or unused property within 72 hours; (2) Adds the use, alteration, possession, or reproduction of a sales receipt, price tag, or universal price code label with the intent to defraud a retailer to the definition of the crime of stealing; (3) Revises the penalty provisions for stealing. Stealing is a Class D felony if the value of the property stolen is at least $500 but less than $750. The value of the property for the existing Class C felony remains at $750. The felony limit for other specified crimes involving theft increases from $150 to $500; (4) Revises the penalty provisions for receiving stolen property. Receiving stolen property that has a value of at least $500 but less than $750 is a Class D felony. Receiving stolen property with a value of $750 or more is a Class C felony; (5) Revises the definition of "forgery" to include making or altering receipts and universal product codes or using receipts or universal product codes that have been made or altered; (6) Allows a person to whom a bad check was issued to collect the face amount of the check, a service charge up to $30, and an amount equal to the amount charged for the return of the bad check when the bad check is not referred for prosecution; (7) Determines the value of stolen property if the victim is a merchant and the stolen property would have been sold in the ordinary course of the merchant's business. The value of the property is the price at which the merchant would normally sell the item; (8) Clarifies the crime of passing a bad check by providing that a person does not commit the crime of passing a bad check if he or she issues a check to another person and that person accepts the check knowing that there are insufficient funds in the account and with the understanding that the check will not be presented for payment until a later date; and (9) Prohibits the use of a credit card to pay property taxes when the charges or payment are subsequently canceled without just cause.

RESISTING OR INTERFERING WITH DETENTION OR STOP - Under current law, resisting or interfering with arrest for a felony by a means other than flight is a Class D felony, otherwise it is a Class A misdemeanor. The act makes resisting or interfering with a detention or stop subject to the same penalties and makes resisting an arrest by fleeing in a manner that creates a substantial risk of injury or death to any person a Class D felony.

DNA EVIDENCE - The act modifies a number of provisions regarding the use of DNA evidence in criminal procedures, including the following: (1) Instructs the Department of Public Safety to include in its DNA profiling system a separate DNA database of persons whose identity is unknown; (2) Specifies the exact crimes for which, when convicted, a DNA sample must be given. Current law states, without specifying exact crimes, that all violent offenses in Chapter 565, RSMo, and all sex offenses in Chapter 566, RSMo, trigger testing; and (3) Specifies the procedures for requesting, searching, using, disseminating, and expunging DNA profiles from the Missouri DNA profiling system.

HATE CRIMES - Currently, arson is a Class A felony only when it is in the first degree and a person has suffered serious physical injury or has died as a result of the fire or explosion. The act adds first and second degree arson to the crimes included in the hate crimes statute when the structure damaged is a place of worship. The penalty for arson involving a place of worship is a Class B felony, unless a person has suffered serious physical injury or has died as a result of arson involving a place of worship, in which case it is a Class A felony.

ASSAULT CRIMES - The act modifies several provisions relating to assault crimes, including the following: (1) Makes a person convicted of an assault ineligible to receive a suspended imposition or execution of sentence, probation, or a fine in lieu of imprisonment if the assault was on a mass transit worker or passenger while on or waiting to board a bus or light rail system; (2) Creates the crime of assault while on the property of an emergency room or trauma center, which is a Class D felony; (3) Changes the existing crime of assault of a law enforcement officer to assault of a law enforcement officer or firefighter. The act also adds certain acts to the crime of second degree assault of a law enforcement officer or firefighter. The penalty for second degree assault of a law enforcement officer or firefighter is changed from a Class B felony to a Class C felony. If the offense is knowingly causing or attempting to cause physical injury to a law enforcement officer or firefighter by means of a deadly weapon or dangerous instrument, knowingly causing or attempting to cause physical injury to a law enforcement officer or firefighter while brandishing a deadly weapon or dangerous instrument, or recklessly causing serious physical injury to a law enforcement officer or firefighter, the penalty is a Class B felony; and (4) Creates the Class D felony of intimidation of an athletic coach, manager, or sports official. A person is guilty of the crime if he or she commits assault in the third degree, which would otherwise be a Class A misdemeanor as set out in Section 565.070, or harassment by communicating in writing or by telephone a threat to commit a felony as set out in Section 565.090, against a coach, manager, or sports official and the assault is motivated by the victim's status as a coach, manager, or sports official.

INVASION OF PRIVACY - The act creates the crime of invasion of privacy in the first degree, which is a Class C felony. The existing crime of invasion of privacy becomes a second degree offense. Second degree invasion of privacy is a Class A misdemeanor. If the defendant has been previously convicted of invasion of privacy, it is a Class C felony. The act adds using a concealed camera or video camera to record or photograph an individual under or through their clothing without that person's consent to the crime of second degree invasion of privacy. Violation of this provision is a Class A misdemeanor. This offense becomes a Class D felony if more than one person is photographed or recorded during the same course of conduct. If the defendant has been previously convicted of invasion of privacy, it is a Class C felony.

HUMAN CLONING - The act prohibits knowingly cloning or attempting to clone a human being and using public funds or public facilities to clone or attempt to clone a human being. It also prohibits public employees from knowingly allowing individuals to clone or attempt to clone a human being while using public funds or facilities. Violation of this section is a Class B felony.

CRIMINAL PROCEDURE AND PENALTIES - The act adds the crimes of attempting first degree arson, first degree assault, forcible rape, forcible sodomy, kidnaping, second degree murder, or first degree robbery to the definition of a dangerous felony. It also raises the minimum sentence for forcible rape, attempted forcible rape, forcible sodomy, and attempted forcible sodomy from five to 10 years and from 10 to 15 years when a deadly weapon is used or serious physical injury is inflicted. The act permits law enforcement officials to detain a person for 32 hours without charging a crime if the person has been arrested for any felony offense. Currently, a person who is arrested for first degree assault or robbery, first or second degree murder, forcible rape or sodomy, or distribution of drugs must be released within 24 hours unless charged with a crime. All other felony offenders must be released within 20 hours unless charged with a crime. The act prohibits individuals convicted of felonies that relate to the performance of contracts from contracting with the state or a government entity for three years after their release.

TERRORISM - The act: (1) Makes it unlawful to use unfair leverage in the sale of essential consumer merchandise during an emergency. Persons who exercise unfair leverage are liable for restitution to consumers and a civil penalty to the State of Missouri and may be subject to civil action commenced by the Attorney General. The substitute also authorizes the Governor to declare a consumer emergency by executive order if a consumer market disruption exists and specifies what the order must include; (2) Prohibits the transport of hazardous materials through highway tunnels and includes penalties for violations; (3) Allows the State Water Patrol to close any waters in the state to navigation or use in the event of a disaster; (4) Makes water contamination a Class B felony; (5) Allows the Attorney General to investigate the unlawful use of funds by charitable organizations; (6) Revises the current crime of making a terrorist threat by removing existing language that defines making a terrorist threat as threatening to commit a felony or making a false report about the commission of a felony and replacing it with threatening to commit or making a false report about an incident or condition involving danger to life; (7) Prohibits any person from photographing, videotaping, or otherwise obtaining images from within an animal facility without the written consent of the facility. A person violating this provision of the substitute is guilty of a Class D felony; (8) Prohibits any person from intentionally or knowingly releasing in or introducing near an animal facility any pathogen or disease that has the potential to cause disease in any animal at the facility or which threatens human health or biosecurity at the facility. The act specifies a range of penalties for violations of this section, and it also allows the Director of the Department of Agriculture to initiate a civil action in the county in which the violation occurred; and (9) Exempts from the open meetings law any discussions relating to government response plans for possible terrorist attacks on water supplies and sewers.

CRIMES INVOLVING CHILDREN - The act modifies numerous provisions concerning crimes involving children, including the following: (1) Requires the defendant being prosecuted under certain sections to be physically excluded from a room where discovery or depositions are conducted when a child victim will testify; (2) Allows enhanced penalties for first degree child molestation when the offender has previously pled guilty to a sex offense in another state. Currently, enhanced penalties are only available when the offender has been found guilty in Missouri; (3) Increases the penalty for second degree sexual molestation from a Class A misdemeanor to a Class C felony. It allows enhanced penalties for second degree sexual molestation when the offender has previously pled guilty to a sex offense in Missouri or when the offender has pled guilty or been found guilty of a sex offense in another state. The enhanced penalty for second degree child molestation is increased from a Class D felony to a Class B felony; (4) Creates the crimes of third and fourth degree child molestation. Third degree child molestation is subjecting a child less than 14 years of age to conduct that would be sexual contact except that touching occurs through clothing; it is a Class D felony. The penalty becomes a Class C felony if the offender has previously pled guilty or been found guilty of a sex offense in Missouri or another state, or if other specified circumstances exist. Fourth degree child molestation is subjecting a child less than 17 years of age to conduct that would be sexual contact except that touching occurs through clothing; it is a Class A misdemeanor. The penalty becomes a Class D felony if the offender has previously pled guilty or been found guilty of a sex offense in Missouri or another state, or if other specified circumstances exist; (5) Allows enhanced penalties for sexual misconduct involving a child when the offender has previously pled guilty or been convicted of a sex offense in Missouri or another state. Currently, the enhanced penalty is only available for second or subsequent sexual misconduct involving child offenses; (6) Enhances the penalties for cooking methamphetamine in the presence of a child to a Class A felony with no probation or parole; (7) Creates the crime of enticement of a child. Enticement of a child is defined as persuading or attempting to persuade a child under the age of 17 to leave home or school or to enter a vehicle, building, structure, alley, or place where the child is concealed from public view for the purpose of engaging in lewd, illicit, or criminal conduct with the child. Enticing a child is a Class A misdemeanor, unless the person has previously pled or been found guilty of enticement of a child, first or second degree endangering the welfare of a child, abuse of a child, or a sexual offense, in which case it is a Class D felony; (8) Prohibits persons convicted of first or second degree robbery or stealing, when the property taken was a vehicle with a child in it, from being eligible for a suspended execution of sentence, probation, parole, or conditional release until they have served five years of their sentence; (9) Sets forth mitigating circumstances which may be considered in prosecuting the crime of illegal transfer or surrender of custody of a minor who is under the jurisdiction of the Division of Family Services: (a) the child was not physically harmed; (b) the person surrendering the child consents; (c) the surrender did not involve fraud, duress, or undue influence; and (d) the person surrenders the child to a person they resided with at the time of the surrender; and (10) Creates the crime of selling a person under the age of 18, which is a Class B felony.

SUSPENSION, EXPULSION, AND READMISSION OF STUDENTS - Current law permits a school board to suspend a pupil after notice and a hearing when the pupil has been charged with, convicted of, or pled guilty to a felony criminal violation. The act provides that the pupil must have been convicted of a state or federal felony criminal violation; that an indictment has been filed alleging the pupil has committed such a violation for which there has been no final judgment; or a petition has been filed that the pupil committed an act or the pupil has been adjudicated to have committed an act which, if committed by an adult, would be a felony criminal violation. Current law requires that a pupil who has been convicted of, or who is alleged under specified circumstances to have committed, certain acts must not be readmitted to school. The act replaces forcible rape and forcible sodomy in the list of acts which preclude readmission with a reference to any felony offense established under the statute chapters relating to sexual offenses or prostitution.

CRIME VICTIM COMPENSATION - The act modifies a number of provisions relating to the Crime Victims' Compensation Fund, including the following: (1) Provides that a claimant need not have lived with the crime victim in order to be eligible; (2) Removes the provision that requires the claimant to have lost at least two continuous weeks of earnings to be eligible; (3) Increases the maximum award for funeral expenses from $5,000 to $7,000; and (4) Increases the maximum loss of earnings reimbursement amount from $200 per week to $400 per week.

TRAFFIC OFFENSES - The act modifies several provisions relating to traffic offenses and intoxication-related traffic offenses, including the following: (1) Requires the Department of Revenue to expunge all official records related to suspensions, revocations, and other administrative disciplinary actions taken by the Department as a part of any intoxication-related traffic offense when a court has ordered the expungement of the court's file relating to the same offense; (2) Allows the court the discretion to order the installation of the ignition interlock device for second or subsequent offenses. The act also prohibits the department from suspending or revoking the driver's license of a person who pleads guilty or who is found guilty of a first or second intoxication-related traffic offense and who is required to use an ignition interlock device. Current law requires individuals who plead or are found guilty of a second or subsequent intoxication-related traffic offense to have an ignition interlock device installed in their vehicle; (3) Reduces from 45% to 35% the amount of fines and court costs from traffic violations on state highways that a city or village must send to the department. If the fines and court costs are not submitted to the department in a timely fashion, the city or village must submit to an annual audit by the State Auditor; (4) Requires police reports for certain alcohol-related traffic offenses to be certified. The reports must be certified subject to the penalties of perjury or for making a false statement to a public official. The substitute also allows certified reports to be admissible as evidence of the facts stated in the report; (5) Requires additional fines and driver's license suspensions to be imposed on any person failing to yield the right-of-way when the violation results in physical injury, serious physical injury, or death to a person.

MISCELLANEOUS PROVISIONS - The act makes it a Class C felony to knowingly misappropriate a dog, law enforcement animal, or rescue animal with intent to sell it; knowingly purchase a stolen dog; or knowingly remove an identification marker or tag from a dog without permission. The act also requires the Department of Public Safety to create an Internet registry where owners may list their missing or stolen dogs. Anyone purchasing dogs for research purposes is required to examine them for identification marks and search the registry. If a match is found, the purchaser must contact the owner for verification and report suspected stolen dogs to a local law enforcement agency. Dogs sold to licensed dealers for research purposes must be accompanied by a veterinarian's health certificate. The act changes the existing crime of unlawful possession of a concealable firearm to unlawful possession of a firearm. The act prohibits the possession of a firearm for specified individuals who have an order of protection against them and individuals convicted of domestic assault. Violation of this section is a Class A misdemeanor. The act expands the list of individuals who are disqualified from employment with the Department of Mental Health and specifies requirements for background checks of applicants for positions with the department. The act also prohibits anyone under the age of 21 from dancing in an adult cabaret. Violation of this section is a Class A misdemeanor.
JIM ERTLE