HB 2332 Modifies various provisions of criminal law
Sponsor: Dixon
LR Number: 6047S.07T Fiscal Notes
Committee: Judiciary and Civil and Criminal Jurisprudence
Last Action: 7/13/2016 - Signed by Governor Journal Page: S3722
Title: SS#2 SCS HCS HB 2332 Calendar Position:
Effective Date: August 28, 2016
House Handler: Corlew

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Current Bill Summary


SS#2/SCS/HCS/HB 2332 - This act modifies provisions relating to crime.

FELONY CLASSIFICATIONS - 192.2260, 301.559, 339.100, 400.9-501, 571.020 - 571.072, 632.520, & Section B

During the 2014 session, the General Assembly passed a large-scale revision of the Missouri Criminal Code, which included the addition of a Class E felony and a modification of the terms of imprisonment for Class C, D, and E felonies.

Under current law, the maximum term for a Class C felony is seven years and the maximum term for a Class D felony is four years. Beginning January 1, 2017, when SB 491 (2014) takes effect, the term of imprisonment for a Class C felony will be three to 10 years, the maximum term for a Class D felony will be seven years, and the maximum term for a Class E felony will be four years.

To reflect the change in the authorized terms of imprisonment, this act modifies several crimes once classified as Class C felonies to make them Class D felonies and crimes once classified as Class D felonies have become Class E felonies.

These provisions are identical to HCS/SS/SCS/SB 663 (2016) and SS/SCS/SBs 112, 212, 143, & 234 (2015).

ELDER ABUSE REPORTING - 192.2405, 192.2410, 192.2475 & 565.188

Under current law, certain types of people must report to the Department of Health and Senior Services if the person has reasonable cause to suspect that a person 60 years of age or older or an eligible adult has been subject to abuse or neglect. This act provides that reports only need to be made if the victim is an eligible adult. The act further adds emergency medical technicians, firefighters, and first responder to the list of mandated reporters. A provision regarding an investigation of abuse by a in-home services client manager and local area agency on aging training is repealed.

These provisions are identical to SCS/SB 663 (2016) and are similar to SS/SCS/SBs 112, 212, 143, & 234 (2015).

FELONY CLASSIFICATIONS FOR OFFENSES OUTSIDE THE CODE - 557.021

Currently, for offenses outside the criminal code, if the felony is for a maximum term of imprisonment of less than ten years, it shall be considered a Class D felony and if the maximum term is four years, it shall be considered a Class E felony. This act provides that to be considered a Class D felony, the maximum term shall exceed four years but be less than years and maximum term to be considered a Class E felony shall four years or less.

These provisions are identical to HCS/SS/SCS/SB 663 (2016).

OFFENSE OF CONSPIRACY - 562.014

This act modifies the offense of conspiracy by providing that if a person conspires to commit a number of offenses, such person can be found guilty of only one offense of conspiracy if the multiple offenses are the object of the same agreement.

This provision is identical to SCS/SB 663 (2016).

LAW ENFORCEMENT USE OF FORCE - 563.046

Current law provides that the use of physical force when making an arrest is not justified unless the arrest is lawful or the officer reasonably believes the arrest is lawful. This act adds a provision stating that the use of force when making an arrest is also not justified unless the amount of force used was objectively reasonable in light of the totality of the facts and circumstances confronting the officer, regardless of the officer's intent or motivation.

Under current law, a law enforcement officer may use deadly force when he or she reasonably believes the force is immediately necessary to effect an arrest and reasonably believes the suspect has committed or attempted to commit a felony, is attempting to escape by use of a deadly weapon, or may otherwise endanger life or seriously injure another person.

This act allows a law enforcement officer to use deadly force when effecting an arrest or preventing an escape from custody if the officer reasonably believes the force is immediately necessary to make the arrest or prevent the escape and reasonably believes the person has committed or attempted to commit a felony involving the infliction or threatened infliction of serious physical injury, is attempting to escape by use of a deadly weapon or dangerous instrument, or may otherwise pose a threat of serious physical injury to the officer or others unless arrested without delay.

This provision contains an emergency clause.

This provision is similar to a provision of SCS/SBs 661, 726 & 741 (2016), HCS/SS/SCS/SB 663 (2016), SB 741 (2016), and the perfected version of SS/SCS/SBs 199, 417, & 42 (2015).

FIRST DEGREE MURDER - 565.030 - 565.040

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).

These provisions are identical to provisions of the truly agreed to and finally passed HCS/SS#2/SCS/SB 590 (2016), HCS/SS/SCS/SB 663 (2016), HCS/HB 1995 (2016), HB 2084 (2016), SB 200 (2015) and are similar to SB 790 (2014), SB 491 (2014), SB 377 (2013), SB 253 (2013), and SB 872 (2012).

CRIMINAL NONSUPPORT - 568.040

This act removes a reference to the issue of good cause from a provision providing that the defendant has the burden of injecting certain issues.

This provision is identical to a provision of HCS/SS/SCS/SB 663 (2016).

SECOND DEGREE TAMPERING - 569.090

This act updates an intersectional reference to the stealing statute, which was reconfigured under the 2014 Criminal Code revision.

This provision is identical to a provision of HCS/SS/SCS/SB 663 (2016).

INTOXICATION-RELATED BOATING AND TRAFFIC OFFENSES - 577.001, 577.010, 577.012, 577.013, 577.014, & 577.037

This act provides that a person is an "aggravated boating offender" if he or she has been found guilty of two or more intoxication-related boating offenses committed on separate occasions when at least one of the incidents involved the defendant injuring or killing another person while operating a vessel while intoxicated.

In addition, this act reinserts county and municipal ordinance violations of driving under the influence of alcohol or drugs into the definition of "intoxication-related traffic offense". Such municipal and county ordinance violations are included in the definition under current law, but not in the Revised Code.

The definition of "persistent offender" was also modified under the act to include a person who has been found guilty of one intoxication-related traffic offense in which the defendant was operating a vehicle while intoxicated and another person was injured or killed. Similar changes were made to the definition of "persistent boating offender".

These provisions are identical to HCS/SS/SCS/SB 663 (2016) and are similar to provisions of SS/SCS/SBs 112, 212, 143, & 234 (2015).

This act specifies that habitual offenders of intoxication-related traffic and boating offenses must serve two years in prison before being eligible for probation.

This provision is identical to a provision of HCS/SS/SCS/SB 663 (2016).

Under the Revised Code, if a chemical test demonstrates a blood alcohol content of less than .08, any criminal charge related to the operating of a vehicle, vessel, or aircraft while intoxicated or with excessive blood alcohol content must be dismissed unless certain other evidence exists. This act removes the reference to offenses of operating a vehicle, vessel, or aircraft with an excessive blood alcohol content from this provision, so it only applies to operating a vehicle, vessel, or aircraft while intoxicated.

This provision is identical to a provision of SS/SCS/SBs 112, 212, 143, & 234 (2015).

OFFENSE OF LEAVING THE SCENE OF AN ACCIDENT - 577.060

This act provides that the offense of leaving the scene of an accident is a Class E felony if the defendant has previously been found guilty of the same offense.

This provision is identical to HCS/SS/SCS/SB 663 (2016).

AGROTERRORISM - 578.007

Current law provides that certain crimes, including agroterrorism, do not apply to a list of activities, such as bona fide scientific experiments and the killing of garden pests. During the Criminal Code revision, agroterrorism was renumbered. This act inserts the new statute number for agroterrorism to the statute providing the list of exempt activities.

MARIJUANA POSSESSION - 579.015

Under the marijuana possession provision that takes effect January 1, 2017, the offense of possession of more than 10 grams but less than 36 grams of marijuana or synthetic cannabinoid is a Class A misdemeanor. This act specifies that the offense of possession of more than 10 grams but 35 grams or less of marijuana or synthetic cannabinoid is a Class A misdemeanor.

This provision is identical to a provision of HCS/SS/SCS/SB 663 (2016).

MEGHAN LUECKE