SB 200 Modifies provisions relating to sentencing of juvenile criminal offenders, an armed offender docket pilot project, and criminal sentence reductions
Sponsor: Dixon
LR Number: 0159H.02C Fiscal Notes
Committee: Judiciary and Civil and Criminal Jurisprudence
Last Action: 5/15/2015 - H Calendar S Bills for Third Reading w/HCS Journal Page:
Title: HCS SB 200 Calendar Position:
Effective Date: Varies
House Handler: Cornejo

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Current Bill Summary


HCS/SB 200 - This act contains provisions relating to sentencing of criminal offenders who were under the age of 18 at the time of their offense, an armed offender docket pilot project, and criminal sentence reductions.

YOUTH OFFENDER PAROLE HEARING - 217.736

This act declares that a person sentenced to more than 40 years for an offense committed before the person turned 18 years of age is eligible for release on parole by the Board of Probation and Parole during his or her 30th year of incarceration. This act provides factors the board must consider when determining whether to release the person. This act allows family members, friends, school personnel, faith leaders, and representatives from community-based organizations with knowledge about the person before or after the crime to submit statements to the board. The victim or victim's family must be notified of the board of any parole hearings and may be heard in person, via telephone, or electronic means. Previous statements of the victim or his or her family may be considered.

ARMED OFFENDER DOCKET PILOT PROJECT - 478.252

This act allows the Jackson County Circuit Court to establish the Armed Offender Docket Pilot Project. The docket must have dedicated judges and other personnel for all matters of hearing, setting of bail, trial, sentencing, and supervision in all actions in highest level of charge is for one of several enumerated weapons-related offenses.

This act also allows the circuit court to impose a $30 surcharge on each criminal case assigned to the armed offender docket.

The Jackson County Circuit Court must publish an annual public report n the operations of the docket.

The provisions of this section expire on December 31, 2021.

This provision is identical to a provision of HCS/SS#2/SCS/SBs 199, 417, & 42 (2015) and HCS/HB 1044 (2015).

FIRST DEGREE MURDER - 556.061, 565.020, 565.030, 565.032, 565.033, & 565.040

Under current law, offenders who were under the age of 18 at the time they committed first degree murder must be sentenced to life imprisonment without eligibility for probation, parole, or conditional release. In June of 2012, the U.S. Supreme Court in Miller v. Alabama held that mandatory life sentences without parole for juvenile criminal offenders are unconstitutional. As a result, there is no punishment for first degree murder under current law in Missouri that is enforceable against those who committed murder before they turned 18.

This act repeals the mandatory life sentence found to be unconstitutional in Miller v. Alabama. Under this act, a person who was under 18 years of age at the time of the crime may be sentenced to either imprisonment for at least 25 years and not to exceed 40 years or life imprisonment with parole.

This act provides factors for the judge or jury to consider when assessing punishment.

The offense of murder in the first degree was added to the definition of "dangerous felony".

This act repeals obsolete provisions stating that certain trials are to proceed in a single stage. Other technical changes were made in this act to make the provisions align with amendments to the criminal code in SB 491 (2014).

This act contains an emergency clause for the provisions regarding the penalty for first degree murder.

These provisions are similar to SB 280 (2015), HB 156 (2015), SB 790 (2014), SB 491 (2014), SB 377 (2013), SB 253 (2013), and SB 872 (2012).

SENTENCE REDUCTIONS - 558.046

Under current law, a court may reduce such a term if the person was convicted of an offense that did not involve violence or the threat of violence, the offense involved alcohol or illegal drugs, the person has successfully completed a rehabilitation program, and the person is not a repeat criminal offender.

This act provides that a person who was convicted of an offense that involved the death of one or more persons is not eligible for a sentence reduction under the statute.

This provision contains an emergency clause.

PETITION FOR REVIEW OF SENTENCES - 558.047

This act provides a process for juveniles who have been sentenced for first degree murder to petition for a review of their sentences. This act states that the provisions allowing for such review have retroactive application.

This act provides the requirements for the petition to be accepted by a sentencing court and allows the prosecutor 30 days to reply. The court must hold a hearing and resentence the defendant. Family members of victims have the right to participate in the hearing.

This provision is similar to a provision of SB 280 (2015).

MEGHAN LUECKE