|
HCS/SB 26 - This act modifies various provisions relating to crime. SECTIONS 43.500, 43.503, & 43.506 This act requires local law enforcement agencies to provide the Highway Patrol central repository with photographs and other unique biometric identification collected of persons arrested, in addition to fingerprints as is currently required. Under this act, law enforcement agencies are prohibited from fingerprinting a juvenile older than 15 years and six months of age who is alleged to have violated a municipal traffic ordinance, which does not constitute a felony, unless he or she is certified as an adult. Law enforcement agencies are required to forward a photo and certification papers to the central repository in cases where the juvenile has been certified as an adult. Municipal prosecuting attorneys are required to notify the central repository of his or her decision not to file criminal charges on a charged referred to him or her. Court clerks, including municipal court clerks, shall furnish the central repository with a record of all charges filed, including those added subsequent to the filing of a criminal court case and amended charges. Currently, court clerks must provide final dispositions of cases for which the repository has a record of arrest or fingerprints. This act modifies the time when a court shall order law enforcement or the court marshal to fingerprint and photograph a defendant if it was not done at the time of arrest. The court order shall contain the offense, charge code, date of the offense, and other information needed to complete the fingerprint card. This act adds offenses that can be enhanced to a class A misdemeanor or higher for subsequent violations, municipal ordinances that have the same elements as a statutory felony or class A misdemeanor, and all sexual offenses under Chapter 566, RSMo, to the list of offenses that are reportable to the central repository. It also specifies that only class A misdemeanor, rather than all misdemeanors are reportable, unless otherwise specified. These provisions are similar to HB 167 (2009). SECTION 43.540 This act requires qualified entities that provide services to children, the elderly, or disabled persons to register with the Highway Patrol before submitting requests for screening. New requirements for qualified entities include, requiring screening requests to be voluntary and conform with federal and state law, submitting a completed fingerprint card with a signed waiver, providing the necessary fee, and requiring the employee to provide the names of other qualified entities that have previously requested screening of him or her. The national criminal history data shall only be available to qualified entities to screen employees or volunteers applying with the entities. The highway patrol shall not be required to make determinations regarding whether a person's record indicates the person's fitness for employment. The qualified entity must notify in writing the person being screened of his or her right to obtain a copy of the screening report and his or her right to challenge its accuracy. A qualified entity is not liable for damages solely for failing to obtain the criminal history record information of an employee or volunteer and the state shall not be liable for damages for providing the information. This provision is similar to HB 167 (2009). SECTION 82.300 This act specifies that the maximum fine for all municipal ordinance violations in Kansas City shall be $1,000, except for ordinances requiring compliance by an industrial user with a pretreatment standard or requirement. This provision is similar to HB 334 (2009). SECTION 192.925 This act requires the Department of Health and Senior Services to implement an education and awareness program regarding the financial exploitation of the elderly. This provision is similar to HB 926 (2009) and HCS/HB 384 (2009). SECTION 210.1012 This act specifies language regarding the Amber Alert System. SECTION 217.439 Upon the victim's request, a photograph shall be taken of an incarcerated individual prior to his or her release. A copy of the photo shall be provided to the victim. This provision is similar to a provision of HCS/SCS/SB 338 (2009). SECTIONS 217.450 & 217.460 This act specifies that a detainer shall not be lodged against a person confined in a correctional facility until the director of the department of corrections receives a certified copy of a warrant and a written request by the issuing agency to place the detainer. Failure of the director to comply shall not be the basis for dismissing an indictment, information or complaint unless the court also finds the offender has been denied the constitutional right to a speedy trial. SECTION 217.665 Under this act, the governor must designate one member of the Board of Probation and Parole as the vice-chairman. The vice-chair shall act as chairman upon written order of the governor or chairman. This provision is similar to HB 1071 (2009). SECTION 217.670 This act allows offenders to appear before the board by means of a video conference, rather than personal appearance, at the discretion of the board. Victims may testify at the site where the board is conducting the video conference or at the institution where the offender is located. SECTION 229.110 No longer requires prosecutors to prosecute individuals who fail to trim their hedge fences. This provision is similar to a provision of HB 384 (2009). SECTION 302.060 This act specifies that the director of the department of revenue shall deny driving privileges to any person convicted twice within a five-year period of violating an "intoxication-related traffic offense" and shall not issue a license to such person for five years from the date of the second conviction. SECTIONS 302.311 & 302.750 This act removes the provision that requires the prosecuting attorney to appear in behalf of the Director of the Department of Revenue in circuit court cases or hearings reviewing administrative decisions regarding alcohol-related traffic offenses. These provisions are similar to provisions of HB 384 (2009). SECTION 311.310 Any person who sells or otherwise provides a minor with nonintoxicating beer shall be guilty of a class B misdemeanor for a first offense and a class A misdemeanor for a second offense. SECTION 311.325 Under this act, a minor who purchases, attempts to purchase, or possesses nonintoxicating beer shall be guilty of a misdemeanor. A minor who purchases, attempts to purchase, or possesses liquor or who is visibly intoxicated shall be deemed to have given consent for testing to determine the person's BAC. Such consent shall be limited to not more than two tests and such tests shall be conducted in a manner approved by the Department of Health and Senior Services by licensed medical personnel or a person with a permit from DHSS. DHSS shall establish standards and procedures of persons allowed to conduct such testing. The person being tested may be accompanied by a doctor, nurse or other qualified person. Failure to obtain an additional test shall not preclude admission of evidence. Full information, as described in the act, regarding the test shall be given at the request of the person being tested. SECTION 311.326 Currently, after one year or upon turning twenty-one years of age, a person with a first-time minor in possession charge (MIP) may apply to have his or her record expunged. Under this act, the person must wait until one year after reaching the age of twenty-one to apply for expungement. SECTIONS 409.5-508 & 409.6-604 This act specifies that any person convicted of criminal securities fraud will be fined up to $1 million, imprisoned for up to 10 years, or both and may be ordered to pay restitution for any loss plus an interest rate of 8% per year from the date of the violation. An additional civil penalty of up to $5,000 may be imposed for each violation against an elderly or disabled person. SECTIONS 479.260 & 488.5032 The judge in a criminal or municipal case that is dismissed before the defendant pleads guilty or is found guilty may assess court costs against the defendant as specified in Section 488.012 if the defendant consents to pay and is not indigent and unable to pay the costs. This provision is similar to HB 830 (2009). SECTION 488.5025 This act specifies ten dollars of the time-payment fee shall be payable to municipal court clerks, when applicable, for improvement of the court. SECTION 544.665 This act modifies the penalties for failure to appear. A person is guilty if he or she knowingly fails to appear before a court or judicial officer as required. The sentence varies depending on the criminal matter involved. SECTION 545.050 & 550.040 This act removes the requirement that court costs be assessed to the prosecutor in trespass cases if the defendant is acquitted or the prosecution fails. This provision is similar to a provision of HCS/HB 384 (2009). SECTIONS 550.050 - 550.090 This act repeals certain provisions making prosecutors pay certain court costs. These provisions are similar to a provision of HB 384 (2009). SECTION 556.036 Under this act, the statute of limitations for arson or knowingly burning or exploding is five years. SECTION 559.106 SECTION 559.106 Under this act, the court shall no longer order the Board or Probation and Parole to supervise offenders who have pled guilty to or been found guilty of forcible rape and sodomy and who are prior sex offenders, for the remainder of their natural life via electronic monitoring. Currently, offenders who commit such offenses to a child under the age of 12 are no longer be eligible for probation. SECTION 561.031 This act removes the requirement that when using two-way audio visual communication for criminal proceedings a full record of such proceeding be made by split-screen imaging and recording of the proceedings in the courtroom and place of confinement may be required. SECTION 565.063 This act modifies the definitions of "domestic assault offense" to include any offense committed in another state or any federal, tribal, or military offense which, if committed in Missouri, that would be considered a domestic assault offense. SECTIONS 565.081, 565.082, & 565.083 This act expands the crime of assault of a law enforcement officer, emergency personnel, or probation and parole officer in the first, second, or third degree to include highway workers in a construction or work zone and corrections officers. These provisions are similar to HB 268 (2009) & HB 511 (2009). SECTION 565.084 This act expands the crime of tampering with a judicial officer to include juvenile officers and deputy juvenile officers. This provision is similar to HB 371 (2009). SECTION 566.093 This act specifies that a prisoner or offender who commits sexual misconduct in the second degree in the presence of an employee or person assigned to work in any jail, prison, or correctional facility is guilty of a class D felony. SECTION 566.148 This act prohibits certain sexual offenders from being physically present or loitering within 500 feet of or approaching, contacting, or communicating with any child younger than 18 years of age in any child care facility building or the real property comprising any child care facility when children younger than 18 years of age are present in the building or on the grounds unless the person is the parent, guardian, or custodian of a child in the building or on the grounds. Any person violating this provision is guilty of a class A misdemeanor. This provision is similar to HB 164 (2009). SECTION 566.150 This act prohibits certain sexual offenders from knowingly being present in or loitering within 500 feet of any real property comprising any public park with playground equipment or public swimming pool. Any person violating this provision will be guilty of a class D felony for the first offense and a class C felony for any subsequent offense. This provision is similar to HB 105 (2009). SECTION 566.155 This act prohibits certain sexual offenders from serving as an athletic coach, manager, or trainer for any sports team of which a child younger than 17 years of age is a member. Any person violating this provision shall be guilty of a class D felony for the first offense and a class C felony for a subsequent offense. This provision is similar to HB 106 (2009). SECTION 566.226 The name of any defendant in a sexual assault, domestic assault, stalking, or forcible rape case shall not be considered identifying information of the victim and shall not be redacted from court records. SECTION 568.045 Under endangering the welfare of a child in the first degree, a person is guilty of a class C felony if he or she possesses methamphetamine in the presence of a person less than seventeen years of age or in the residence where a person less than seventeen years of age resides. This provision is similar to HB 160 (2009). SECTIONS 570.030 & 570.080 A person who steals or receives a stolen firearm or an explosive weapon will be guilty of a class C felony regardless of the item's value. These provisions are similar to HB 230 (2009). SECTION 570.040 This act revises the term "stealing-related offense" as it is used in Section 570.040, RSMo, to include robbery. The act removes the requirement that a person must have received at least a 10-day jail sentence on a prior offense before a third or subsequent misdemeanor stealing-related offense can be enhanced to a Class D felony. It also specifies that a person who has previously pleaded guilty to or been found guilty of two stealing-related offenses which were committed on two separate occasions, and who subsequently pleads guilty to or is found guilty of a stealing-related offense is guilty of certain felonies depending on the nature of such stealing-related offense. This provision is similar to SB 200 (2009). SECTION 575.060 This act specifies that a person shall be guilty of the crime of making a false declaration if he or she provides any verbal false statement regarding his or her identity which the person knows to be untrue. Such crime is a class B misdemeanor. This provision is similar to SB 339 (2009) & HB 964 (2009). SECTION 575.080 Under this act, the penalty for the crime of making a false report is increased from a class B misdemeanor to a class A misdemeanor. SECTION 575.082 This act specifies that a person is guilty of the crime of making a false report if he or she knowingly files a false report with the Department of Natural Resources stating a regulation or ordinance has been violated. Violating this provision is a class C misdemeanor. This provision is similar to HB 1109 (2009). SECTION 575.150 This act increases the penalty for the crime of resisting or interfering with arrest, detention, or stop from a class D felony to a class C felony. It expands the crime to include resisting or interfering with an arrest for a probation warrant, a parole warrant, a capias warrant, or a bench warrant where the warrant issued was related to a felony, except such violations are a class D felony. This provision is similar to SB 221 (2009) & HB 63 (2009). SECTION 575.153 This act creates the crime of disarming a peace or correctional officer if a person intentionally removes from or deprives the peace or correctional officer of the use of his or her firearm or other deadly weapon while the officer is acting within the scope of his or her official duties. The crime does not include situations in which the person does not know or could not reasonably have known that the person was a peace or correctional officer or if the officer was engaged in felonious conduct at the time of the disarmament. Such crime is a class C felony. SECTION 575.260 This act expands the crime of tampering with a judicial proceeding to include influencing the official action of a state prosecuting or circuit attorney. This provision is similar to HB 384 (2009). SECTION 577.029 This act repeals Section 577.029 as it passed in HB 574 (2007) and reenacts it as all new language. This provision is similar to a provision of SS/SC/SB 261 et al. SECTIONS 578.250, 578.255, 578.260, & 578.265 This act prohibits the inhalation, selling, or possession of certain solvents to induce intoxication. Such crime is a class B misdemeanor for the first offense and a class D felony for subsequent offenses. This act prohibits any person from possessing or using an alcoholic beverage vaporizer. Such a vaporizer is defined as "any device which, by means of heat, a vibrating element, or any other method, is capable of producing a breathable mixture containing one or more alcoholic beverages to be dispensed for inhalation into the lungs via the nose or mouth or both." Also, no person shall intentionally induce or abuse solvents or ethyl alcohol. A violation of these provisions is a Class B misdemeanor. This act does not apply to substances that are FDA-approved or administered by a medical practitioner. These provisions shall not be construed to prohibit the legal consumption of intoxicating liquor, including wine and beer, and nonintoxicating beer. These provisions are similar to SB 26 (2009). SECTIONS 595.010 - 595.220 Under Executive Order 07-07 (2007), the administration of the Crime Victims' Compensation Fund was transferred from the Department of Labor and Industrial Relations to the Department of Public Safety. This act would reflect such transfer in statute. Compensation shall be paid to crime victims for replacement of clothing, bedding, and other personal items of the victim that are seized by law enforcement as evidence in an amount not to exceed $250. Under this act, the Department of Public Safety may receive gifts for the benefit of crime victims, which shall be credited to the Crime Victims' Compensation Fund. The act provides that compensation from the fund shall not be paid to a victim injured while subject to electronic monitoring in the same manner as persons who are incarcerated or under house arrest. Upon request, pharmacists shall submit information to the department to provide verification of victims' injuries in the same manner as other medical providers. This act allows a victim to be represented by counsel or a representative designated by the victim instead of appearing in person during an offender's parole and probation revocation hearings and allows crime victims to receive, upon request from the Department of Corrections, a photograph taken of the defendant prior to release from incarceration. Also, under executive order, the Department of Public Safety makes payments to medical providers to cover the charges of the forensic examinations of sexual assault victims, rather the Department of Health. This act would reflect such transfer of responsibility in statute. This act also specifies that medical providers shall use collection procedures developed for victims who are minors when appropriate. Also, the medical provider's report of a forensic examination shall no longer be filed with the prosecuting attorney within three days. These provisions are similar to SB 338 (2009). SECTION 650.055 The circuit courts do not have to use a reasonable doubt standard when determining if an individual is a sexually violent predator. SECTION 650.470 This act creates the Reverend Nathaniel Cole Memorial Pursuit Reduction Grant. Any money appropriated or donated to the fund will be used to provide grants, in the amount of a 50% match, to urban police departments which purchase real-time tagging and tracking pursuit management systems. An applicant's eligibility shall be determined by the Director of the Department of Public Safety. This provision is similar to HB 1064 (2009). SECTION 1 This act authorizes the revisor statutes to change the term "criminal records and identification division" to "central repository". SUSAN HENDERSON MOORE
|
