SECTION 1.160 - This act removes a provision requiring defendants to be sentenced according to the law in place at the time of the sentencing, rather than the law as it existed at the time of the crime, whenever the change in law reduced the penalty for the offense.

This provision of the act is similar to HB 189 (2005).

SECTION 8.177 - This act authorizes the Missouri Capitol Police to arrest a person anywhere in Cole County, when there is probable cause to believe the person committed a crime within capitol police jurisdiction or when a person commits a crime in the presence of an on-duty capitol police officer.

This provision of the act is similar to a provision of SS/SCS/HB 487 (2005) & HB 488 (2005).

SECTION 43.010 - This act defines the term "MULES" - the Missouri Uniform Law Enforcement System.

SECTION 43.120 - Under this act, the Superintendent of the Highway Patrol is responsible for establishing policies and procedures, in cooperation with law enforcement, to protect the integrity of the MULES system.

SECTIONS 43.300 to 43.330 - This act creates the Governor?s Security Division within the Highway Patrol. The division will provide transportation and security for the Governor and other public officials.

This provision of the act is similar to HB 950 (2005).

SECTION 43.509 - This act requires the Department of Public Safety to establish rules and regulations to implement Section 43.500 to 43.543, which includes provisions relating to criminal history.

Section 43.535 - This act provides that law enforcement agencies may perform a criminal history review only for open records through the MULES system for the purpose of hiring municipal or county employees. The requesting entity must pay a fee to the central repository.

This act allows cities and counties to enact ordinances requiring fingerprints of job applicants or licensees in certain occupations for the purpose of conducting a criminal record review.

SECTION 43.543 - This act expands which entities may have individuals submit fingerprints to the Highway Patrol for the purpose of checking the person?s criminal history.

SECTION 105.711 - This act adds health care providers under contract to provide services to patients at county jails to coverage under the State Legal Expense Fund.

This provision is similar to a provision of CCS/SS/SCS/HCS/HB 58 (2005) & CCS/HCS/SCS/SB 420 (2005).

SECTION 115.135, 115.155, 115.160, & 115.631 - This act requires a person registering to vote to identify himself or herself by presenting a copy of a birth certificate, a Native American tribal document, other proof of citizenship, driver?s license, or other form of identification. Any person registering to vote who falsifies information is guilty of a Class C felony.

SECTION 115.348 - This act prohibits a person from qualifying as a candidate for any public elective office who has been convicted of, or pled guilty to, any felony or misdemeanor under the laws of the United States.

This act is identical to SB 542 (2005).

SECTION 195.017 - This act adds substances to the controlled substances schedules.

This section of the act is similar to SB 159 & HB 793 (2005).

SECTION 211.031 - This act provides juvenile court jurisdiction in cases involving children under the age of 17 who violate state or municipal ordinances prohibiting the possession or use of tobacco products.

SECTION 217.105 - This act removes the Corrections Officer Certification Commission's authority over jailers.

This act is identical to SB 496 (2005).

SECTION 217.705 - In addition to other duties, this act provides that in the event a parolee is transferred to another probation and parole officer, the written record of the former officer shall be given to the new officer.

This provision of the act is similar to a provision of SB 461 (2005) & HB 712 (2005).

SECTION 217.735, 559.106, 575.205, & 575.206 - This act requires prior sex offenders, who commit rape, sodomy, child molestation, sexual misconduct or abuse, enticement of a child, or sexual trafficking of a child, against a child under the age of 14, to be electronically monitored as a mandatory condition of supervision. This is applicable to those who commit such an act on or after August 28, 2005.

For the purposes of this section, a "sexual offender" is a person who has previously been found guilty of a sexual offense. This act will apply to offenders who have been granted probation, and to offenders who have been released on parole, conditional release, or upon serving their full sentence without early release. Supervision of an offender who was released after serving his or her full sentence will be considered as supervision on parole.

The board of probation and parole may terminate the supervision of an offender who is being supervised when the offender is 65 or older and may adopt rules relating to the supervision and electronic monitoring of these offenders. (Section 217.735)

A court must order these prior sexual offenders be supervised by the board of probation and parole for the duration of his or her natural life. When such probation is ordered, a mandatory condition is that the offender be electronically monitored. (Section 559.106)

A person commits the crime of tampering with electronic monitoring equipment if he or she intentionally removes or alters equipment which a court or the board of probation and parole has required the person to wear. This crime is a Class C felony. (Section 575.205)

A person commits the crime of violating a condition of lifetime probation if the person knowingly violates a condition of probation, parole, or conditional release. This crime is a Class C felony. (Section 575.206)

SECTION 217.750 - This act adds the crime of fail to register as a sex offender to the list of violations for which the Board of Probation and Parole provides supervision services.

This provision of the act is similar to HB 363 (2005).

SECTIONS 302.321 & 302.541 - This act removes the requirement that the judge be an attorney in certain traffic cases.

This act also removes the requirement in Section 302.321, RSMo, that a person with prior driving while revoked offenses must have served at least a ten day sentence for prior offenses in order to receive an increased penalty for the current offense.

This provision of the act is similar to certain provisions of HCS/SS/SCS/SB 37 et al (2005).

SECTION 304.022 - This act increases the penalty, from a Class C to a Class B misdemeanor, for failure to yield to an emergency vehicle.

SECTIONS 306.112 to 306.119 - This act adds chemical urine tests to the list of tests that may be conducted by the State Water Patrol to measure the blood-alcohol content of a person operating a water craft.

This provision of the act is similar to certain provisions of HB 537 (2005).

SECTION 306.140 - This act increases from $200 to $500 the damage amount that requires the filing of an accident report when there is damage to a water craft.

This provision of the act is similar to a provision of HB 537 (2005).

SECTION 306.147 - This act prohibits the use of any device that, when activated, allows a water craft's muffler to exceed the maximum decibel levels allowed by law.

This provision of the act is similar to a provision of HB 537 (2005).

SECTION 367.031 - Currently, any pawnbroker licensed after August 28, 2002, must meet certain requirements. This act specifies that these requirements must apply to all pawnbrokers, regardless of when they were licensed.

This provision of the act is identical to HB 710 (2005).

SECTION 407.1355 & 570.223 - This act relates to the use of personal information.

Currently, Section 407.1355, RSMo, prohibits a person or entity from publicly posting an individual's Social Security number. This act redefines "public post" to include intentionally communicating or making an individual's social security number available to his or her co-workers. This act also prohibits requiring an individual to use his or her social security number as an employee number for employment-related activities. Currently, subsection 1 of this section, which includes these provisions of the act, applies to the use of Social Security numbers on or after July 1, 2006. This act makes the subsection effective on the same date as the act.

This act also changes the penalty for identity theft based upon the amount of credit, money, goods, or services stolen or appropriated.

Currently, identity theft which results in the theft or appropriation of credit, money, goods, services, or other property worth more than $500 but no more than $10,000 is a Class C felony. This act makes identity theft involving more than $500 but no more than $5,000 a Class C felony.

Currently, identity theft which results in the theft or appropriation of credit, money, goods, services, or other property worth more than $10,000 but no more than $100,000 is a Class B felony. This act makes identity theft involving more than $5,000 but no more than $50,000 a Class B felony.

Currently, identity theft which results in the theft or appropriation of credit, money, goods, services, or other property worth more than $100,000 is a Class A felony. This act makes identity theft involving more than $50,000 a Class A felony.

These provisions of the act have an emergency clause.

These provisions of the act are identical to SB 381 (2005).

SECTION 479.230 - This act modifies procedures when a municipal judge becomes absent, sick or disqualified. For municipal courts with more than one judge, the presiding judge of the municipal court may request the presiding judge of the circuit court to designate a special municipal judge until the absence ceases. Alternatively, the presiding judge of the municipal court may issue designate a procedure where the municipal court administrator or court clerk may request the presiding judge of the circuit court to designate a special municipal judge.

In the absence of multiple judges or a written procedure, the mayor or chairman of the board of trustees may make such request of the presiding judge of the circuit court. If it is impossible for the mayor or chairman to reach the presiding judge of the circuit court, the mayor or the chairman may designate a special municipal judge until the presiding judge of the circuit court can designate a special municipal judge.

This act is identical to SB 534 (2005).

SECTION 542.276 - This act requires that a search warrant must command that the described item be seized, photographed, or copied within 10 days and that such items may be filed with the issuing court, instead of the circuit clerk.

SECTION 544.170 - This act allows law enforcement agencies to hold a suspect arrested without a warrant for up to 24 hours before charging the person with a crime. Currently, suspects can be held for 24 hours when arrested for a Class A felony and 20 hours for lesser offenses.

This provision of the act is similar to HB 140 (2005).

SECTION 545.550 - This act provides that the sheriff granting a change of venue and the sheriff of the county into which the cause is removed, may agree as to which county's jail will house the defendant. If they don't agree, the defendant will be housed in the county into which the cause is removed.

This act is similar to SB 448 (2005) & HB 714 (2005) & a provision of CCS/HCS/SS/SCS/SB 210 (2005) & CCS/HCS/SCS/SBs 420 & 344 (2005).

SECTION 556.036 & 569.040 - This act requires a prosecution for the crimes of arson, knowingly burning or exploding, recklessly burning or exploding, and negligently burning or exploding to commence within five years.

In addition to the current provisions of Section 569.040, RSMo, a person commits the crime of arson in the first degree when he or she damages a building or inhabitable structure, by starting a fire or explosion, in an attempt to produce methamphetamine.

A person who commits arson in the first degree in this manner is guilty of a class B felony unless a person suffers serious physical injury or has died as a result of a fire or explosion started in an attempt by the defendant to produce methamphetamine.

These provisions of the act are similar to SCS/HB 196 (2005).

SECTION 558.016 - This act removes the provision allowing first-time offenders convicted of a nonviolent class C or D felony to petition the court for early release after serving at least 120 days.

This provision of the act is similar to a provision of HCS/HBs 49 & 50 and HCS/SB 194 (2005).

SECTION 558.019 - This act removes a provision allowing the board to convert an offender's consecutive prison sentences into concurrent sentences.

This provision of the act is similar to a provision of HB 189 (2005) & HCS/HB 498 (2005).

SECTIONS 559.016 & 559.036 - This act allows the court to add up to one year onto a person's probationary period when the person has violated the terms of his or her probation.

This act allows prosecutors to file a motion seeking the revocation of a person's probation.

This act requires the court to temporarily suspend a person?s probationary period when issuing an arrest warrant for the person. When the arrest warrant is served, the probation period will begin to run again.

SECTION 559.105 - This act allows the court to order restitution be paid to the victim of tampering or auto theft, including the victim's insurance deductible payment, towing and storage fees, and any reasonable expenses incurred by the victim in prosecuting the offense.

This act prohibits the court or the Board or Probation and Parole from releasing a person early from probation and parole if the person has failed to pay restitution under this section.

SECTION 559.115 - This act prohibits probation from being granted to offenders convicted of child molestation in the first degree when it is classified as a Class A felony.

SECTION 559.607 - This act authorizes municipal courts to contract with a public entity or employ a person to serve as the city's probation officer. Currently, such courts may only contract with a private entity to provide probation services. Persons found guilty of municipal ordinances and placed on probation will be required to pay a service fee to the court to pay for the probation services.

Currently, only cities which do not have probation services for persons convicted of ordinance violations may contract with private entities to provide probation services. This act authorizes any city to contract with a private or public entity or employ a probation officer to provide probation services.

Any city that does not have probation services or that contracts out those services with a private entity, may continue to contract with such entity or employ any qualified person and contract with the municipal division.

This act is similar to SB 342 (2005) & a provision of CCS/SS/SCS/HCS/HB 58 (2005) & HB 178 (2005).

SECTIONS 565.081, 565.082, & 565.083 - Currently, Sections 565.081, 565.082, 565.083, RSMo, criminalize assault of a law enforcement officer or emergency personnel in the first, second, and third degree respectively. This act adds probation and parole officers to these sections.

This provision of the act is similar to SB 461 (2005) & HB 712 (2005).

SECTION 566.083 - This act modifies the wording in Section 566.083.1(1), RSMo, so that the qualification of a person acting "knowingly" applies to both required elements, which includes knowingly exposing oneself to a child under the age of 14 and knowing that doing so would cause alarm to the child.

This provision of the act is similar to a provision of SS/SCS/HCS/HB 972 (2005).

SECTION 566.086 - This act creates the crime of sexual contact with a student which is a Class D felony. The crime is committed when teach has sexual contact with a student on school property.

This provision of the act is similar to HB 314 (2005).

SECTIONS 566.200, 566.221, 566.223 - This act defines an international marriage broker as a legal entity that charges fees to residents of Missouri for providing dating, matrimonial, or social referrals or matching services involving non-resident aliens. Such business shall include, but is not limited to, the exchange of names, telephone numbers, addresses, and other information. Such businesses shall not include a traditional matchmaking organization of a religious nature, an entity that does not focus on providing service to non-resident aliens and charges customers the same fee for its services, or an organization that does not charge a fee.

This act requires international marriage brokers to provide notice to each recruit from another country that certain information regarding clients is available. Such a broker must disseminate the criminal history record information and marital history information of a client along with basic rights information within 30 days after it receives the information.

A client of a broker must obtain his or her own criminal history and give it to the broker along with the marital history information. The broker must require the client to affirm that the information is accurate and complete.

A broker shall not provide any further services to the client or recruit until the required information is received and provided to the recruit. It is a Class D felony to wilfully provide incomplete or false information or to violate the requirements of notice and providing information as required by this section. Nothing in this act will preempt any other right or remedy available to a party utilizing the services of a broker or other international matchmaking organization.

These provisions of the act are similar to SB 437 (2005).

SECTION 568.045 - This act expands the crime of endangering the welfare of a child in the first degree. Currently, a person commits the offense if he or she produces or sells methamphetamine in the presence of a child under the age of 17. The crime is expanded to include producing, selling, or attempting to produce the drug within the residence of the child.

This provision of the act is similar to SB 438 (2005) & HB 715 (2005) & HB 389 (2005).

SECTION 568.050 - This act expands the crime of endangering the welfare of a child in the second degree. The offense is committed when a person operating a motor vehicle commits involuntary manslaughter, driving while intoxicated, or driving with excessive blood-alcohol content while a child under the age of 17 is in the vehicle.

This provision of the act is similar to SB 439 (2005) & a provision of HCS/SS/SCS/SBs 37 et al. (2005) & SS/SCS/HCS/HB 972 (2005) & HB 716 (2005).

SECTIONS 569.080 & 569.090 - This act makes evidence of prior acts of tampering admissible to prove the requisite knowledge or belief in a current tampering case. The act also makes tampering in the second degree a Class C felony when the person has a prior conviction for tampering in the first or second degree, auto theft, or receiving stolen property.

This provision of the act is similar to a provision of HCS/HB 498 (2005).

SECTION 570.030 - Under this act, if a person appropriates material worth less than $500 with the intent to make methamphetamine, it is a Class C felony, rather than a Class D felony. Also, the theft of anhydrous ammonia or liquid nitrogen is a Class B felony, instead of a Class C felony.

This provision of the act is similar to a provision of HCS/HB 498 (2005).

SECTION 570.040 - This act makes auto theft a Class B felony if a person has two prior convictions for stealing-related offenses. The person only has to have received a sentence of 10 days for the prior offenses, rather than actually serving the sentence for the prior offenses.

This provision of the act is similar to a provision of HCS/HB 498 (2005).

SECTION 570.080 - This act makes evidence of prior acts of receiving stolen property admissible to prove the requisite knowledge or belief in a current receiving of stolen property charge.

This provision of the act is similar to a provision of HCS/HB 498 (2005).

SECTION 570.120 - This act relates to bad checks.

Currently, a person is guilty of passing a bad check if:

• He or she makes or issues a check knowing that it will not be paid by the drawee or that there is no such drawee; or

• If he or she does so knowing that there are insufficient funds, no account, or no drawee and does not pay the check within 10 days after receiving notice.

Under this act, a person would also be guilty of passing a bad check with any other form of presentment involving the transmission of account information, not just a check.

Under this act, passing a bad check is a Class A misdemeanor unless certain circumstances exist, including when the issuer has no account with the drawee or if there was no such drawee at the time the check was issued. In such cases, passing bad checks is a Class C felony. Currently, a person is guilty of a Class D felony under such circumstances.

A prosecuting attorney who takes an action under this section collects an administrative handling cost from the issuer in an amount of $25 for checks of less than $100, $50 for checks between $100 and $250, and $50 plus an additional 10% fee of the face amount for checks of $250 or more, with a maximum fee being $75. Currently, the amount of the administrative handling cost varies depending on the amount of the check, however, the scale differs from the one in this act.

In addition to the administrative handling cost, a prosecuting attorney shall collect $5 per check for deposit into the Missouri Office of Prosecution Services Fund. Under this act, the money can be used for lawful expenses incurred by the attorney in operation of his or her office. This is in addition to the current allowable uses which include, but are not limited to, office supplies, postage, witness preparation, and additional staff. Currently, $1 is collected for the fund.

This act removes the provision which states that in all cases where a prosecutor receives notice of a violation with respect to a payroll check or order, if he or she finds a violation, shall file an information or seek indictment within 60 days.

This provision of the act is similar to SB 425 (2005).

SECTION 570.145 - This act changes the penalties for the crime of financial exploitation of the elderly and disabled. The crime is a Class B felony if the value of property is one thousand dollars but less than fifty thousand dollars and it is a Class A felony if the value of the property is fifty thousand dollars or more.

This act also changes the definition for "disabled person" from a person with a impairment or condition rendering the person incapable of avoiding or preventing the commission of an offense to a person with a disability that substantially impairs the person's ability to provide adequately for the person's care or protection. An "elderly person," is now defined as a person sixty years of age or older. The definition of "intimidation," has been changed to include a threat of physical or emotional harm.

This act is identical to SB 442 (2005).

SECTION 570.255 - This act modifies the crime of illegal copying and distributing sound recordings by lowering the threshold for a felony from 1,000 illegal copies to 100 illegal copies.

This provision of the act is similar to a provision of SCS/SBs 23 & 51 (2005) & HB 126 (2005) & HB 27 (2005).

SECTION 570.300 - This act expands the crime of theft of cable service to include when a person knowingly attempts to tamper with any cable television equipment which results in the disruption or unauthorized use of a cable television system. A person is guilty of a Class C felony if they commit the crime in this manner.

This provision of the act is similar to a provision of SCS/SBs 23 & 51 (2005).

SECTION 575.150 - This act provides that resisting an arrest, detention, or stop by fleeing in a manner that the person knows creates a substantial risk of serious physical injury or death is a Class D felony. Otherwise, it is a Class A misdemeanor.

SECTION 575.270 - This act removes the language stating that a person commits the crime of tampering with a witness "in an official proceeding".

This act is identical to SB 512 (2005).

SECTION 576.050 - This act provides that a person commits the crime of misuse of information if he or she knowingly obtains or recklessly discloses information from MULES or NCIC for private or personal use.

SECTION 577.023 - This act removes the reference to require that a judge be an attorney in certain traffic cases.

SECTION 577.041 - This act allows evidence of refusal of arrest to be evidence in a proceeding about assault of a law enforcement officer.

SECTION 577.500 - This act removes the requirement that the judge be an attorney in certain traffic cases.

SECTIONS 577.625 & 577.628 - This act creates the crimes of possession and distribution of prescription medication on school property without a valid prescription. This act makes possession under this section a Class C misdemeanor and distribution a Class B misdemeanor. Under this act, prescription medication does not include those containing controlled substances.

This provision of the act is similar to SB 254 (2005).

SECTION 578.500 - This act makes it a Class A misdemeanor to operate a video camera within a motion picture theater without the consent of the theater owner. A second or subsequent offense is a Class D felony. The owner of the movie theater is exempt from civil liability for detaining a person suspected of the offense, as long as the detention is reasonable. This act shall not prevent law enforcement from operating recording devices in a movie theater.

This provision of the act is similar to HB 57 (2005) & a provision of SCS/SBs 23 & 51 (2005).

SECTION 590.040 - This act provides that a person commissioned as a reserve peace officer within a county of the first classification on August 28, 2001, who has already met the required minimum training, shall be granted a license as a reserve peace officer without the standard minimum training required by the POST commission.

SECTION 595.209 - Currently, Section 595.209, RSMo, provides crime victims the right to be notified, upon written request, of certain information regarding the offender. This information includes notification of any decision by a parole board, juvenile releasing authority, or circuit court presiding over release pursuant to Chapter 552, RSMo.

This act would also provide for notification of any decision by a circuit court presiding over release under Section 558.016, RSMo, or Section 217.362, RSMo. Section 558.016, RSMo, provides for the sentencing of prior or persistent offenders. Section 217.362, RSMo, provides that a court may sentence certain offenders (non violent and not prior/persistent offenders) to drug or alcohol treatment.

This act requires that notification given to a crime victim of an offender?s release must utilize the statewide automated crime victim notification system. If the system cannot be used though, written notification by mail to the most current address will be sufficient.

This provision of the act is similar to a provision of HCS/HBs 49 & 50 & SB 495 (2005) & HCS/SB 194 (2005).

SECTION 595.210 - This act allows the victim of a sexually violent offender to testify at any parole hearing for such predator arising out of an escape from commitment.

This portion of the act contains an emergency clause.

SECTION 650.030 - This act grants the Director of Public Safety the authority to establish a state firearms training and qualification standard for retired law enforcement officers carrying concealed firearm and shall promulgate rules.

SECTION 650.055 - This act caps the amount of restitution that a person can receive each year after being exonerated by DNA testing to $36,500 until he or she receives the full amount he or she is owed.

This act contains an emergency clause for certain sections.

SUSAN HENDERSON