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SCS/HCS/HB 62 - 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 to the list of offenses that are reportable to the central repository, including those 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. It also specifies that only class A misdemeanors, 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 for failing, in the exercise of just ordinary care, to obtain the criminal history record information of an employee or volunteer. The state shall be liable for damages for providing the information only in accordance with the terms of Sections 537.600 & 537.610, RSMo. 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 173.754 This act prohibits a person from using or attempting to use a false or misleading diploma, as described in the section, in connection with admission to an institution of higher education, or in connection with any business, employment, occupation, profession, trade, or public office. A violation of this section is a Class C misdemeanor. This provision is identical to SB 182 (2009). Section 174.00 This act allows university police officers to respond to emergencies or natural disasters outside of the boundaries of the university property and provide services if requested by the law enforcement agency with jurisdiction. 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. SECTIONS 195.214, 195.217, 195.218, 566.147 & 566.149 This act specifies that knowledge of one's location is not necessary to commit certain criminal acts, including drug distribution near a school, park, or public housing or residence or loitering near a school by a sexual offender. Also, the definition of "resides" is removed from Section 566.147, RSMo, restricting certain sexual offenders from residing within 1,000 feet of a school or child-care facility. 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). SECTIONS 273.033, 273.036, 578.022, & 578.024 Under this act, a person has an absolute defense against civil liability or criminal prosecution for killing or injuring a dog, if such person's actions were based on the reasonable belief that he or she, or another person, was in imminent danger of being harmed by the dog. It is prima facie evidence that a person considered himself to be in "imminent danger" from a dog if the person had complained at least twice to the county sheriff or animal control authority that the dog had trespassed on his property, and on at least one of those occasions the person was in reasonable apprehension for his own safety, the safety of another person, or feared damage to livestock or property. County sheriffs and animal control authorities shall notify any dog owner about a trespassing complaint made against his or her dog. A court shall award all reasonable costs to the defendant in any such suit if evidence shows the defendant is entitled to the absolute defense as described. A person engaging in criminal activity at the time of an imminent danger dog threat shall not be entitled to the absolute defense created by these sections. The owner or possessor of a dog that bites, without substantial provocation, a person while such person is on public property or lawfully on private property shall be strictly liable for damages to the bitten individual. Owners or possessors of such dogs shall also be strictly liable for any damage incurred to property or livestock by their dogs. If it is determined that the damaged party had fault in the incident, any damages owed by the owner or possessor of the biting dog shall be reduced by the same percentage. This shall not apply to dogs killing sheep or other domestic animals. If a dog owner or possessor is found liable by a court for such damages, the owner or possessor shall also be assessed a fine up to $1,000. When a dog that has previously bitten a person or domestic animal without provocation, subsequently bites a person again, the owner or possessor shall be guilty of a Class B misdemeanor. However, if the offense results in serious injury it shall be a Class A misdemeanor and if the previous biting episode also resulted in serious injury, it shall be a Class D felony. If the offense results in death it shall be a class C felony. Any such dog, or a dog that inflicts serious injury or death on the first biting occasion, shall be seized by the animal control authority or county sheriff who shall notify the dog's owner in writing. The dog shall be impounded for ten business days after notice has been provided to the owner, after which time the dog shall be destroyed. Appeal procedures are provided in these sections. These provisions do not apply to dogs that bite a person while such person is engaged in criminal activity at the time of attack. Certain instances of trespassing are not considered "criminal activity". Dogs owned or utilized by a law enforcement agency who bite in the course of their employ are exempt from these provisions. These provisions are similar to SB 184 (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 303.024 Under this act, any person who intentionally produces, manufactures, sells, or otherwise distributes a fraudulent document intended to serve as an insurance identification card is guilty of a class A misdemeanor. The act further provides that any person who knowingly or intentionally possesses a fraudulent document intended to serve as an insurance identification card is guilty of a class B misdemeanor. This provision is similar to SB 16 (2009). SECTION 306.109 This act prohibits certain activities from being committed on the rivers of this state, except for the Missouri, Mississippi, and Osage rivers. Such activities shall include: 1) Possessing or using beer bongs or other devices intended for rapid consumption of alcohol; 2) Possessing or using any large volume alcohol containers that hold more than one gallon; and 3) Possessing certain coolers on or within fifty feet of any such river, unless in a campground, picnic area, landing, road, or parking lot. Violation of these provisions is a class A misdemeanor. This provision is similar to SCS/SB 2 (2009). SECTION 311.325 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. If the violation was committed against an elderly or disabled person, the fine shall not be less than $50,000. Such persons 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 This section makes the statue of limitations five years, rather than three years, for the crimes of knowingly burning or exploding, arson in the second degree, and cases of arson in the first degree when the penalty is a class B felony. SECTION 561.021 & 115.350 This section provides that a person who is convicted of a felony is ineligible to qualify as a candidate for public office or hold public office. 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 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, deputy juvenile officers, and prosecutors. This provision is similar to HB 371 (2009). 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 Currently, any identifying information in a court record that could be used to identify the victim of sexual assault, domestic assault, stalking, or rape shall be closed and redacted prior to public disclosure. This section gives the judge presiding in a such cases discretion to publicly disclose information regarding the defendant, which could be used to identify the victim. The victim may provide the court with a statement regarding whether he or she wishes such information to remain closed. The judge shall consider the welfare and safety of the victim and the victim's statement when deciding to disclose the information. 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). SECTION 570.030 This act modifies the definition of livestock in terms of what is considered a punishable offense for stealing. Under current law, it is a Class C felony to steal a horse, mule, ass, cattle, swine, sheep, or goat. This section adds calves, ratite birds (which include ostrich and emu), farm-raised fish, llamas, alpaca, buffalo, elk, and rabbits to the list of livestock for which it is a Class C felony to steal. The act makes it a Class C felony to steal captive wildlife held under permit issued by the conservation commission, but it shall be a Class B felony in cases where there has been a similar prior conviction and if the value of the stolen animals exceeds $3,000. Any person who pleads guilty to or is found guilty of stealing livestock or captive wildlife held under permit issued by the conservation commission valued at over $3,000 and who has a prior conviction for stealing such animals shall serve at least 80% of his or her prison sentence before being eligible for probation, parole, or release. A person who steals 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) and SB 159 (2009). SECTIONS 570.040 This act revises the term "stealing-related offense" as it is used in Section 570.040, RSMo, to include robbery. The section 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 identical to HB 1473 (2008) and SB 200 (2009). SECTION 570.080 A person who receives a stolen firearm or an explosive weapon will be guilty of a class C felony regardless of the item's value. This provision is similar to HB 230 (2009). SECTIONS 573.020, 573.023, 573.025, 573.030, 573.035, 573.037, 573.040, 573.060, and 573.065 Currently, a person must know the contents and character of the obscene material or child pornography involved in a pornography offense in order to be found guilty. Under these sections, a person no longer needs to know the content and character of the material in order to be found guilty. Under this act, a person is guilty of sexual exploitation of a minor, possession of child pornography, or public display of explicit sexual material if such offenses are committed knowingly or recklessly, rather than being committed with knowledge of the content and character of the material that is the subject of the offense. SECTION 575.150 This act expands the crime of resisting arrest, stop, or detention to include resisting an arrest for a warrant issued by a court or probation and parole officer. The crime of resisting arrest shall be Class D felony for an arrest for a warrant issued for failure to appear on a felony case or a warrant issued for a probation violation on a felony case. This section 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, or attorney general. This provision is similar to HB 384 (2009). SECTION 577.023 This act redefines the term "intoxication-related traffic offense" to include certain traffic offenses involving alcohol regardless of whether the defendant was represented by or waived the right to an attorney in writing. This term is used in the provisions providing enhanced penalties for persons who commit multiple intoxication-related traffic offenses. This act allows the court, as a condition of probation, to require certain persons convicted of intoxication-related traffic offenses to submit to alcohol monitoring in certain circumstances instead of serving a more lengthy sentence. The term "continuous alcohol monitoring" means automatically testing alcohol concentration levels and tampering attempts, regardless of the location of the person wearing the device, at least once each hour and regularly transmitting the data. In addition to other terms of probation, a court shall consider requiring an offender convicted of an intoxication-related traffic offense to abstain from consuming alcohol as demonstrated by continuous alcohol monitoring or verifiable breath alcohol testing performed a minimum of four times per day for a length of time established by the court, but not less than 90 days. The court may order the offender to pay for the monitoring. This section also repeals one version of Section 577.023, RSMo, which is currently doubly-enacted. SECTION 577.029 This act repeals Section 577.029 as it passed in HB 574 (2007) and reenacts it as new language. It no longer specifies that the medical personnel specifically be at his or her place of employment. SECTIONS 578.025, 578.026, & 578.030 This act increases the penalty for being a spectator at a dog fighting event from a Class A misdemeanor to a Class D felony for a second or subsequent offense. A person performing a lawful seizure because of a dog fighting violation, whether acting under the authority of a warrant or not, shall be given a disposition hearing within 30 days of the filing of the request in order to grant immediate disposition of the impounded dog. The person seizing the dog shall place it in the care of a veterinarian, animal shelter, or animal control authority. If such people are not available, the dog shall not be impounded unless diseased or disabled. The dog shall be humanely killed if a veterinarian determines the dog is diseased or disabled beyond recovery. No person who lawfully seizes a dog shall be liable for necessary property damage. Owners of an impounded dog may prevent disposition of the dog by posting bond in an amount sufficient to cover the dog's care for 30 days. The authority with custody may dispose of the dog at the end of such time unless there is a court order prohibiting it. The court order shall provide for a bond or other security in an amount to cover the cost of care, keeping, or disposal of the dog. The owner of a dog humanely killed under these sections shall not be entitled to recover damages for the value of the dog if it was found by a veterinarian to be diseased or disabled or if the owner failed to post bond for its care and disposition after being notified of the impoundment. This act continues to allow highway patrol officers and other law enforcement officers making an arrest to take possession of a dog subject to a dog fighting violation; however, it repeals the provision requiring the court to order an officer to keep such dogs until the final decision of the court on the charges. These provisions are similar to SB 201 (2009) and SB 201 (2009). 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 provision does not apply to substances that are FDA-approved or administered by a medical practitioner and 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). SECTION 589.400 This act removes people who commit misdemeanor offenses under Chapter 566, RSMo (Sexual Offenses) from the registry if the person was nineteen or younger and the victim was thirteen or older at the time of the offense. If a person must currently register for such an offense, upon receiving written documentation that the offense qualifies for removal, the Highway Patrol and local law enforcement shall remove the person's name and information from the registry. Currently, there is a clause in Section 589.400.1 (2), requiring these offenses on the sexual offender registry to be committed against a minor under the age of eighteen. However, some of the offenses on the list do not have victims who are minors, such as "sexual contact with a nursing home resident". Therefore, this clause is being removed. SECTION 589.425 This act specifies that any person who fails to register as a sexual offender will be guilty of a class C felony if the person is required to register based on having committed an offense in any other state or foreign country or under federal, tribal, or military jurisdiction which, if committed in this state, would be an offense under Chapter 566, RSMo, and has previously pled guilty to or has been found guilty of failing to register as a sexual offender. This provision is identical to HB 260 (2009). SECTION 590.701 This act requires custodial interrogations of persons suspected of certain serious offenses to be recorded when feasible unless certain exceptions exists. Each law enforcement agency shall adopt a written policy regarding such interrogations. Law enforcement agencies are permitted to record an interrogation in any circumstance with or without knowledge or consent of the suspect. "Custodial interrogation" means the questioning of a person under arrest, who is no longer at the scene of a crime, by a member of the law enforcement agency along with the answers and other statements of the person questioned. The term does not include: 1) situations where the person voluntarily agrees to meet with law enforcement, 2) detention by law enforcement that has not risen to the level of an arrest, 3) questioning that is routinely asked during the processing of the arrest of the suspect, 4) questioning pursuant to an alcohol influence report, and 5) questioning during the transportation of the suspect. If a law enforcement agency fails to comply with these provisions and acts without good faith, the Governor may withhold any state funds received by the agency. This provision is identical to SB 310 (2009). SECTION 595.027 This act, which was excluded from HCS/SCS/SB 338, reflects the transfer of the Crime Victims' Compensation Fund. SECTION 650.052 & 650.055 This act provides, in the DNA profiling provisions, that the circuit courts do not have to use a reasonable doubt standard when determining if an individual is a sexually violent predator to be civilly committed. This act expands the DNA profiling system by requiring any person 17 years of age or older who is arrested for first degree burglary, second degree burglary, or a felony under Chapter 565, 566, or 568, RSMo. Under this act, persons required to provide a biological sample may be required to do so upon booking at a county jail or detention facility. Within 90 days of warrant refusal, the arresting agency must notify the Highway Patrol crime laboratory, which must expunge all the DNA records and destroy the sample unless the Patrol determines that the person is otherwise obligated to submit a sample. This provision is similar to HB 152 (2009). 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". This act contains an emergency clause for certain sections. SUSAN HENDERSON MOORE
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