HB 0198 Allows persons to be confined without a warrant for 30 hours
Current Bill Summary
- Prepared by Senate Research -

CCS/HS/HB 198 This act allows the police to hold persons arrested for 24 hours without a warrant or other process.

HUMAN CLONING - 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.

ENDANGERMENT OF CORRECTIONS PERSONNEL - 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 misdemeanor.

TELEPHONE WARRANT - The 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 section also sets out the forms for the application and affidavit for a telephonic search warrant.

AUTO THEFT - 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 this act is a Class A misdemeanor.

DRIVING UNDER THE INFLUENCE LAW This act adds the reference to Chapter 577.023 offenses, and allows officers to collect blood, urine or saliva with a valid search warrant if the person refuses to submit voluntarily to testing.

SEXUAL OFFENDER REGISTRY - The act allows campus law enforcement agencies to be notified by the sheriff regarding persons who register under the Sexual Offender Registry. The act requires an individual on the list to inform the sheriff about enrollment into any institution of higher education or if the person ceases to be enrolled or employed by an institution of higher education.

MANUFACTURING OF CONTROLLED SUBSTANCE - The act creates the crime of manufacturing a controlled substance within 2,000 feet of a school.

CLOSED RECORDS - The act allows plans and procedures from law enforcement, public safety, or public health for preventing any terrorist or criminal act to be a closed record.

ADMINISTRATIVE ADJUDICATION SYSTEM - The act allows a city, county or township to provide ordinances for an administrative adjudication system for adjudicating parking and other non-moving municipal code violations.

SPORTING EVENTS - The act allows fines to be assessed for persons intentionally entering a restricted area during a professional sporting event.

STATUTE OF LIMITATIONS - The act extends the time allowed to bring suit for injury caused by child sexual abuse to 12 years after the plaintiff reaches age 18, or within three years of the date the plaintiff should have reasonably discovered the injury or illness.

This act contains provisions similar to SB 191 (2003); SB 345 (2003); SCS/SB 418 (2003); SB 528 (2003); SB 584 (2003); SB 404 (2003); SB 669 (2003).
SARAH MORROW

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