House Committee Substitute

Section 50.565

This section provides that current or former county elected officials and current or former employees of the county commission shall not be appointed to the board of trustees that supervises the county law enforcement restitution fund. Currently, current or former employees of the sheriff, prosecuting attorney, and treasurer are excluded.

This section also provides that the money from the fund may be used only for county law enforcement-related expenses, rather than such expenses in general.

Section 56.087

This act allows a prosecuting or circuit attorney to dismiss a complaint, information, or indictment, or any count, without obtaining the consent of the court. The dismissal may be made orally or by written statement. Any such dismissal filed prior to the time double jeopardy has attached is without prejudice. If filed after double jeopardy has attached, the dismissal is with prejudice, unless the defendant has consented to having the case dismissed with prejudice.

Section 92.500

This section authorizes the City of St. Louis to impose, upon voter approval, a sales tax of up to 0.5% for the operation of public safety departments as well as for compensation, pension programs, and health care for public safety employees and pensioners.

This section is similar to SB 1212 (2006).

Section 192.925

The purpose of the Department of Health's education and awareness program is modified to include increasing public awareness of the problem of financial exploitation of the elderly.

Section 195.017

This section adds substances to the list of controlled substances in Schedule IV and Schedule V.

This section is similar to SB 1028 (2006).

Section 195.217

This section prohibits a person from unlawfully distributing or delivering a controlled substance to a person in, on, or within 2,000 feet of a public or private park, state park, county park, or municipal park.

Distribution of a controlled substance near a park is a class A felony.

This section is similar to SB 721 (2006).

Section 195.217

This section makes it a crime to knowingly commit a fraudulent act to falsify or defraud a drug or alcohol test. Such crime is a class C felony.

Under this section, it is a crime to manufacture, possess, sell, distribute, or market a biological sample or to transport such a sample with the intent of using the sample to defraud a drug or alcohol test. This section also makes it a crime to manufacture, sell, distribute, or market substances that are intended to used to adulterate a biological sample in order to defraud a drug or alcohol test. Such crimes are Class A misdemeanors.

This section is similar to SB 1028 (2006).

Section 210.482

Any name-based criminal background search of an individual providing emergency placement of a child in a private home because of the absence of a parent or guardian must be conducted within 15 days, rather than 15 business days.

Any person living in the home who has committed a crime must report to local law enforcement to provide fingerprint sets and the accompanying fees, regardless of his or her relation to the child placed in the home.

Section 217.439

Upon the victim's request, a photograph shall be taken of the incarcerated individual prior to release and a copy shall be provided to the victim.

Section 217.670

This section authorizes the State Board of Probation and Parole, at its discretion, to conduct probation and parole hearings by means of videoconferencing. The victims are allowed to testify at either the location where the videoconferencing is taking place or at the institution where the offender is located.

This section is similar to HCS/HB 1432 (2006).

Section 217.690

This section allows the board of probation and parole to require an offender to perform a designated amount of free work for a public or charitable purpose as determined by the board as a condition of parole. The offender may refuse parole that is conditioned upon this requirement.

Section 221.040

Any sheriff or jailer may refuse to accept or incarcerate any prisoner from other officers or constables if the prisoner is deemed medically unfit for confinement.

Section 311.310

This section provides that any establishment with a liquor license cannot sell nonintoxicating beer to underage individuals.

Section 311.325

This section provides that a minor can be guilty of possessing alcohol for having nonintoxicating beer.

Section 311.326

This section states that after a period of at least one year, a person who has been found guilty of a minor in possession may apply to have his or her record expunged, rather than for at least one year or upon turning 21 years of age.

Sections 409.1-102, 409.2-202, 409.3-304, 409.4-401, 409.4-404, 409.4-408, 409.4-412, 409.5-500, 409.5-501, 409.6-604, and 409.6-607

These sections change the process for registering securities in Missouri by requiring a statement of cash flows instead of a statement declaring changes in financial position. The sections also removes the discretion of the Commissioner of Securities to institute a revocation or suspension proceeding based on an order issued under a law of another state that is reported more than one year after the date of the order. Orders from the commissioner may include a civil penalty or the costs of the investigation when sought in the statement accompanying the order. The standard for imposing a $50,000 civil penalty changes from several violations to more than one violation of a commissioner's order.

These sections also change the laws regarding criminal securities fraud as it relates to the elderly and disabled. The sections: (1) Adds the minimum penalties of a fine of not less than $50,000 and imprisonment for not less than five years for persons convicted of criminal securities fraud against a person 60 years of age or older or a disabled person; and (2) Allows the Commissioner of Securities to impose additional civil penalties and order restitution.

Section 476.185

A judge shall be disqualified from an action only where the judge's impartiality might reasonably be questioned in accordance with certain principles of the Code of Judicial Conduct as set forth by Missouri Supreme Court Rule 2.03. In any action a party may file a written motion for disqualification of a judge within 10 days after discovering the grounds for disqualification. This section provides what must be included in the motion. The judge sought to be disqualified shall expeditiously determine whether the motion is substantively sufficient. A judge is presumptively disqualified and the moving party shall have the burden of proving by a preponderance of the evidence that the judge is not qualified.

Section 479.260

In the event a case regarding a municipal ordinance violation is dismissed before the defendant pleads guilty or is found guilty, the municipal judge may assess municipal court costs against the defendant if the defendant consents to paying such costs except when found to be indigent and unable to pay the costs.

Section 488.5050

This act extends the August 28, 2006, expiration date for the $30 surcharge on criminal cases in which the defendant pleads guilty to or is convicted of a felony and the $15 surcharge for cases in which the defendant pleads guilty to or is convicted of a misdemeanor to August 28, 2013. This money is deposited into the "DNA Profiling Analysis Fund" and used only for the DNA profiling analysis of convicted offender samples.

This section is similar to SB 587 (2006).

Section 488.5320

Cases disposed of by a traffic violations bureau are no longer excluded from sheriffs' services charges.

Section 491.170

When a writ of attachment is executed in a criminal case, the court shall discharge such witness on his or her own recognizance with sufficient security. The sheriff shall bring the witness who was attached before the court within 24 hours of the attachment in order that the court may set the amount of recognizance. A hearing may be held on the appropriateness of the amount of recognizance.

Section 545.050

Currently, no indictment for trespass or disturbance of the peace shall be preferred unless the name of prosecutor is affixed. This section removes the provision stating that if the defendant is acquitted or the prosecution fails judgment shall be entered against such prosecutor for costs.

Section 550.040

This section removes the provision stating that a prosecutor can be adjudged to pay costs.

Section 556.036

This section specifies that a prosecution is commenced for a misdemeanor or infraction when the information is filed. A prosecution for a felony is commenced when the complaint or indictment is filed.

This section is identical to HB 1857 (2006).

Section 561.031

This section removes the requirement for a full record of the proceedings by split-screen imaging and recording when two-way audio-visual communication is allowed for a physical appearance in court.

Section 565.182

Under this section, a person can commit the crime of elder abuse by either recklessly or purposely causing injury to a person 60 years of age or older or an eligible adult as defined by statute, rather than recklessly and purposely doing so.

Section 568.070

This section expands the crime of unlawful transactions with a minor by adding provisions regulating the sale or rental of video games. The bill makes it a class A misdemeanor to sell or rent a video game rated M (mature) or AO (adults only) to a person younger than 17 years of age. Video games must contain a rating by the Entertainment Software Rating Board. It is no defense that the defendant believed the person to be 17 years or older unless the defendant examines identification from the person containing both a photograph and proof of age.

Section 570.040

This section provides that a person, who has pled guilty to or been found guilty of two stealing-related offenses committed at different times within the past 10 years and is also found guilty of or pleads guilty to a third stealing-related offense, is guilty of a Class D felony.

Currently, the law states that a person who has previously pled guilty to or been found guilty on two separate occasions in the last ten years is guilt of a Class D felony if he or she is found guilty of or pleads guilty to a third stealing-related offense.

Section 573.037

This section increases the penalty for possession of child pornography from a class D felony to a class C felony, unless the person has a prior offense, and then it is a class B felony instead of a class C felony.

Section 573.153

This section creates the crime of disarming a peace officer or correctional officer. Such crime is a class C felony.

Section 577.020 & 577.021

These sections designates certain provisions of law relating to drunk driving as the "Alan Woods Law." It is specified that any state, county, or municipal law enforcement officer, who has the power to arrest an individual for driving with excessive blood-alcohol content or driving while intoxicated, and who is certified under Missouri law, shall administer a chemical test to any person suspected of driving a motor vehicle involved in a collision which resulted in a fatality or serious physical injury.

These sections are similar to HCS/HB 1679 (2006).

Section 577.023

This section states that any intoxication-related traffic offense committed in another state, or any federal offense or military offense, if committed in this state shall be considered for determining whether an individual shall be classified as an aggravated, chronic, persistent, or prior offender.

Section 577.070

A person who committed the crime of littering may be required to perform at least 10 days involving 40 hours of community service or pay restitution in the amount of $600 to be deposited into different funds.

Section 577.500

This section provides that a court may, upon a finding of fact of a possession or use of alcohol for a second time, enter an order suspending or revoking the driving privileges of a person under 21 years of age, who committed a minor in possession or violated a county or municipal ordinance where the defendant was represented by or waived the right to an attorney in writing. Currently, the court does not have such discretion and must revoke the privileges upon a finding of fact of any minor in possession.

Sections 578.250, 578.255, 578.260, & 578.265

These sections prohibit a person from intentionally smelling or inhaling the fumes of or inducing or aiding another person to induce the symptoms of intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefaction, or dulling of the senses or nervous system, distortion of audio, visual, or mental processes by the use of certain solvents. Violation of these offenses will be a class B misdemeanor for a person's first conviction and a class D felony for subsequent convictions. Selling such solvents is a class C felony.

These sections specify that no person who owns or operates any business which is a venue for live entertainment performance and receives over 50% of its gross annual income from the sale of recorded video entertainment, alcoholic beverages, or beer will sell or offer for sale certain solvents.

These sections prohibit the use of an "alcohol beverage vaporizer", which is a device that is capable of producing a breathable mixture containing one or more alcoholic beverages to be dispensed for inhalation into the lungs by nose or mouth or both.

Section 578.409

This section changes the penalties for various amounts of loss, theft, and damages that result from prohibited acts against animals, facilities, equipment and records.

Section 590.035

The POST commission shall make training available to peace officers that provides instruction on the investigation of computer crimes.

Section 595.030

Compensation shall be paid for replacement of clothing, bedding, or other personal items of a crime victim that are seized by law enforcement as evidence of the crime and shall not exceed $250.

SECTION 595.209

This section allows a victim to offer counsel or a representative designated by the victim in lieu of a personal appearance at a hearing before the juvenile authorities, the board of probation and parole, or a mental health facility. The victim also has the right to have a partition set up in the probation and parole hearing room in order to shield the victim from the offender.

Under this section, an employer may not discharge or discipline an employee for attending a criminal proceeding or require any witness, victim, or member of the victim's family to use vacation time, personal time, or sick leave for honoring a subpoena to testify at, attend, or participate in a criminal proceeding.

Crime victims have the right to receive, upon request, a photograph taken of the defendant prior to release from incarceration.

SECTION 610.105

Currently, if a person is arrested and charged but the case is subsequently nolle prossed, dismissed, or the accused is found not guilty or imposition of sentence is suspended, the official records are closed and access is limited to law enforcement agencies, child care agencies, residential care facilities, and skilled nursing home facilities. Under this act, if a person is arrested for a sexual offense, and an imposition of sentence is suspended, the official records of the case shall be made available to the victim to use in his or her own judicial proceedings or to the victim's family if he or she is a minor.

Section 650.457

Members of the Missouri medal of valor board shall be appointed by the Governor from a list supplied by the Department of Public Safety.

Section 1

The court may require a defendant as a condition of probation and parole to be vaccinated for Hepatitis A and B.

Section 2

If a criminal case is dismissed before the defendant pleads guilty to or is found guilty of an offense, the circuit judge may assess costs against the defendant, if he or she consents, except in those cases where the defendant is indigent and unable to pay costs.

Section 3

Any person who knowingly enters unlawfully or knowingly remains unlawfully on any property designated as a licensed hunting preserve by the Department Of Conservation shall be guilty of a Class A misdemeanor.

SUSAN HENDERSON MOORE