|SB 0312||Revises various crimes and criminal procedures|
|LR Number:||0998S.04C||Fiscal Note:||0998-04|
|Committee:||Judiciary and Civil & Criminal Jurisprudence|
|Last Action:||05/16/03 - S Inf Calendar S Bills for Perfection||Journal page:|
|Title:||SCS SBs 312, et al|
|Effective Date:||August 28, 2003|
SCS/SBs 312, 49, 111, 113, 191, 206, 263, 404, 409, 418, 538, 550 & 584 - This act revises various crimes and criminal procedures.
The act changes the age of a defendant from age 16 to age 18 at the time the crime was committed to be eligible for the death penalty.
The act expands the crime of first degree property damage to include knowingly damaging a motor vehicle while breaking into the vehicle for the purpose of stealing therein. Such actions constitute a Class C felony unless it is the second or subsequent such offense, in which case it is a Class B felony.
The act authorizes courts to set aside criminal convictions and to expunge criminal records under certain circumstances. This act adds the additional restriction that the subject not have suspended impositions of sentence (SISs) on his record and that there are no pending investigations regarding the arrest. This act also allows expungement, however, based only upon a finding that no criminal charges have been filed against the subject for 10 years after the arrest.
This act contains the Missouri Rehabilitation and Sealed Records Act which authorizes a court to set aside a person's criminal convictions and seal a person's criminal record if such person meets several requirements.
The act criminalizes the knowing use or release of records sealed pursuant to the act. Failure to seal or knowingly releasing such records is a Class B misdemeanor, and knowing use of the records for financial gain is a Class D felony.
Any individual who installs fake air bags in automobiles is guilty of a Class D felony.
Any individual knowingly engaging or participating in human cloning or using public funds and public facilities for purposes of human cloning will be guilty of a Class B felony.
This act modifies provisions of the DNA Profiling System. The system shall be used to assist law enforcement in the identification of individuals are subjects of prosecution for criminal offenses in which biological evidence is recovered from the crime scene. Currently, the system can only be used to assist in the investigation and prosecution of violent and sex-related crimes. Any individual who pleads guilty or nolo contendere to a felony is required to give a biological sample for purposes of DNA analysis.
All DNA records and biological materials retained in the DNA profiling system are to be considered closed records. Any information maintained by any person, agency or political subdivision concerning an individual's DNA profile shall be strictly confidential and shall not be released except to certain peace officers, the attorney general, prosecuting or circuit attorneys or certain public employees that need to obtain such records to perform their public duties. Any person that obtains such records must only use them for investigative or prosecutorial purposes.
This act requires persons to obey the lawful order of a law enforcement officer while at the scene of an accident. Failure to obey the lawful order of a law enforcement officer while at the scene of an accident is a Class A misdemeanor.
Any statement of a defendant made during a custodial interrogation is presumed inadmissable as evidence in a criminal proceeding unless: 1) the interrogation is electronically recorded; 2) prior to the statement, but during the recording, the accused knowingly waived his or her Miranda rights; 3) the recording device was accurate and unaltered; 4) all voices on the recording are identified; and 5) the defendant's attorney is provided with a copy of all recordings no later than 20 days before the date of the proceeding.
The state may rebut the presumption of inadmissability that the statement was voluntary and reliable and there was good cause not to tape the interrogation.
A statement by the accused as a result of custodial interrogation is admissible if the statement was obtained in another state in compliance with the laws of that state or the statement was obtained by federal law enforcement officials in compliance with federal law.
All electronic recordings must be preserved through final appeals or until prosecution of the offense is barred by law.
This act only applies to custodial interrogations of persons suspected of committing a felony.
Allows court records to be sealed when the court imposes a suspended sentence and the person successfully completes any court-ordered probation. Once the records are sealed or closed, the arrest, charges, conviction or guilty plea cannot be used for impeachment purposes. A person will not be guilty of perjury if, in a later case, the person fails to disclose the existence of the sealed record.
This act expands the crime of peace disturbance to include situations where an individual allows a dog which they own or are in control of to continuously bark, if such barking disturbs or alarms another individual.
The act creates the crime of assault while on the property of a hospital emergency room or trauma center. This is a Class D felony.
The act expands the crime of delivering any controlled substances, alkaloid, personal property, gun, knife or other weapon to prisons and city and county jails.
The act makes manufacturing a controlled substance within 2,000 feet of a school a Class A felony.
Any person not the owner or in lawful control of an approved anhydrous ammonia container is guilty of a Class B felony if he or she releases anhydrous ammonia into the atmosphere. If the unlawful release of anhydrous ammonia causes physical injury or death to any person, it is a Class A felony.
The act creates the crime of endangerment of corrections personnel if a person causes an employee of the department of corrections or any person assigned to work in any jail, prison or correctional institution to come into contact with bodily fluids. This is a Class D felony.
It is a Class B felony if a person endangers corrections personnel or any person assigned to work in any jail, prison or correctional institution by knowingly putting personnel in danger of contracting HIV, Hepatitis B or Hepatitis C.
If a person causes an employee or person assigned to work in any jail, prison or correctional institution to come in contact with an unidentified substance, it is a Class A felony.
The act removes the appeal of a determination of whether a person is a sexually violent predator. This act also adds that any final judgement made in civil commitments of sexually violent predators may be appealed.
This act sets out the requirements for a peace officer to obtain a warrant via the telephone and allows the prosecuting attorney to give voice authorization for the applicant to affix his or her signature to the application. After the prosecutor's signature is affixed, the applicant shall contact a judge who may take an oral statement under oath that is recorded. This act also sets out the forms for the application and affidavit for a telephonic search warrant.
It a Class C felony for any person who knowingly obtains, possesses or uses personal identifying information without the consent of the person and having the intent to obtain anything of value or to avoid legal consequences.
It a Class C felony for a person to sell, transfer or purchase identifying information with the intent to commit financial identity fraud, or to assist another person in committing financial identity fraud.
The definition of "rental value" was added to be the rental rate customarily charged by the owner for use of the property plus damage that occurred. A person is guilty of stealing if he or she is in possession of property possessed pursuant to a short-term rental contract and that person does not return the property at the end of the lease or if the person does return the property but does not pay the lease or rental charge agreed to. This is a class C felony.
This act requires that appropriate information relating to the offender shall be provided to the Department of Corrections which includes a certified copy of the sentence on the standardized form developed by the Office of the State Courts Administrator.
This act also adds the names and last known address of victims, victim impact statements, facts relating the offender's home environment, and gang affiliations to the information required to be submitted to the Department of Corrections by the prosecutor.
Information provided to the Department of Corrections by the sheriff regarding the offender's physical and mental health while in jail shall include records on medication, care and treatment provided to the offender while in jail. The sheriff shall provide certification of all applicable jail time credit.
Violation hearings for offenders who have violated any published rule or regulation of the correctional facility related to conduct are not contested cases under Chapter 536, RSMo, and hearings are not subject to the rules of evidence. Decision of these cases are final and unappealable.
The age of the victim is increased from fourteen to sixteen in the following crimes: first degree statutory rape; first degree statutory sodomy; first degree child molestation; sexual abuse as a Class B felony; and sexual misconduct involving a child. This act also increases the age of the victim from twelve to fourteen in first degree statutory rape and sodomy cases when a minimum ten year sentence is imposed.
The act increases the age of the victim from fourteen to sixteen when allowing a prosecutor to show evidence of similar offenses by the defendant if the offenses were against victims under the age of 16.
The act creates the crime of motor vehicle theft if a person appropriates a motor vehicle of another with the purpose to deprive him or her of it, without consent or by means of deceit or coercion. Motor vehicle theft is a Class C felony.
The act creates the crime of carjacking when a person obtains unauthorized possession or control of a motor vehicle from another individual in actual possession by intimidation, force or threat of force. Carjacking is a Class B felony.
The act creates the crime of unauthorized use of a vehicle if a person knowingly takes, operates, exercises control over, rides in, or otherwise uses a vehicle without the consent of the owner or has custody of the vehicle pursuant to an agreement with the owner of the vehicle and uses the vehicle in gross deviation from the agreed purpose. Violation of these provisions are a Class A misdemeanor.
The act creates the crime of tampering with a motor vehicle if a person knows that he or she does not have the consent of the owner and takes, operated, or otherwise uses a motor vehicle. This is a Class B misdemeanor. A second violation of this provision is a Class A misdemeanor. Third and subsequent violations are a Class D felony.
This act allows the police to hold persons arrested for 30
hours without a warrant or other process. This act removes
current law that allows police to hold for 24 hours a person
charged with a dangerous felony.