Missouri Senate

Perfected

ANIMAL TRESPASS - 272.030

Currently, if any horses, cattle, or other livestock break through any fence or trespass onto another's property, the owner of such animal is strictly liable for damages sustained by the animal to another's property. Under this act, the owner of such animal would only be liable for damages sustained to another's property if the animal owner was negligent.

This provision is identical to provisions in SB 844 (2016) and HB 1827 (2016), and similar to HB 372 (2015), HCS/HB 258 (2015), SCS/HCS/HB 807 (2015), HCS/SCS/SB 131 (2015), and HCS/SCS/SB 340 (2015).

LIMITED DRIVING LICENSE - 302.309

The act states that a veterans treatment court may grant a limited driving privilege to a participant in the program who has had his or her license revoked or suspended.

PREPARATION OF LAND DESCRIPTIONS - 327.272

This act specifies that a licensed attorney or licensed title insurance company, agent, or agency is not precluded from preparing maps or other drawings, conducting investigations into real estate titles and descriptions, and preparing land descriptions for clients.

This provision is identical to SB 828 (2016) and similar to provisions in HCS/HB 2034 (2016) and HB 2257 (2016).

CONSERVATORSHIP - 475.125

The act provides that a court's orders for the management of the estate of a protectee may include respite care.

This provision is identical to provisions contained in HCS/HB 1433 (2016) and HB 1831 (2016).

COURT AUTOMATION FUND - 476.055

The act provides that any unexpended balance remaining in the Statewide Court Automation Fund shall be transferred to general revenue on September 1, 2023, rather than September 1, 2018, as provided in current law.

The act also adds the executive director of the Missouri Office of Prosecution Services and the director of the State Public Defender System as members of the Court Automation Committee. The court fee collected for the court automation fund shall expire on September 1, 2023, rather than September 1, 2018, and the Court Automation Committee must complete its duties by September 1, 2025, rather than September 1, 2020.

These provisions are identical to provisions contained in HCS/HB 2367 (2016).

CIRCUIT COURT MARSHAL - 476.083

The act allows the presiding judge of any circuit containing a diagnostic and reception center operated by the Department of Corrections and a mental health facility operated by the Department of Mental Health which houses certain persons specified in the act to appoint a circuit court marshal.

This provision is identical to SB 860 (2016) and HB 1685 (2016) and substantially similar to SB 532 (2015), HB 1182 (2015), and to provisions contained in SS/SCS/HB 799 (2015), CCS/HCS/SS/SCS/SB 67 (2015), and HB 473 (2015).

BASIC CIVIL LEGAL SERVICES FUND - 477.650

The act extends the expiration date for provisions regarding funding for the legal representation of low-income persons from December 31, 2018, to December 31, 2025.

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 which the 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, 2022.

This provision is identical to HB 2236 (2016) and substantial similar to provisions in HB 1995 (2016), HCS/SS#2/SCS/SBs 199, 417, & 42 (2015), and HCS/HB 1044 (2015).

RECORDS OF MINOR VICTIMS OF SEXUAL OFFENSES - 510.035, 545.950, 595.226

Under this act, any visual or aural recordings or photographs of a minor, if that minor is alleged to be a victim of a sexual offense, created by or in the possession of a child assessment center, health care provider, or multidisciplinary investigation team, shall not be copied or distributed to any individual or entity except as specifically provided in the act or as required by Supreme Court rule or a court order. The following persons or entities may access or share any copies of recordings or photographs for the following reasons: (1) Members of a multidisciplinary team for investigatory and related purposes; (2) Department of Social Services employees and their legal counsel for the provision of child protection and for administrative proceedings; (3) Department of Mental Health employees and their legal counsel for investigatory purposes and administrative proceedings; (4) the Office of the Child Advocate for reviews; (5) the Child Abuse and Neglect Review Board for reviews; and (6) the attorney general for legal proceedings.

If a court orders the copying or distribution of the recordings or photographs, the order shall limit the use of such recordings or photographs, prohibit further copying, and require the return of the copies upon final disposition of the case. A person who knowingly copies or distributes copies of the recordings or photographs in violation of law is guilty of a Class C misdemeanor.

In a criminal proceeding, the defendant's attorney, investigator, consulting legal counsel, or other agent shall not copy or distribute to a third party any recordings or photographs unless a court orders the copying or distribution upon a showing of good cause, notice and a hearing, and consideration of the safety and privacy interests of any victim. The court order shall limit the use of such recordings or photographs, prohibit further copying, and require the return of the copies upon final disposition of the case. The defendant's attorney, investigator, consulting legal counsel, or other agent may allow a defendant, witness, or prospective witness to view such recordings or photographs, but shall not allow such person to have any copies.

Under current law, any information contained in any court record that could be used to identify or locate a victim of a sexual offense, domestic assault, or stalking is closed and redacted from such record prior to disclosure to the public. This act includes visual or aural recordings, including unobstructed visual images of the victim's face or body, in the information to be closed and redacted.

These provisions are similar to SB 971 (2016) and HB 2202 (2016).

FALSE DISSEMINATION OF PERISHABLE FOOD INFORMATION - 537.530

The act makes any person liable for damages if the person disseminates information relating to a perishable food product to the public, the person knows the information is false, and the information implies that the product is not safe for consumption.

This provision is identical to HB 1830 (2016).

REVISED CRIMINAL CODE - 557.021, 562.014, 565.030

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

The offense of conspiracy is modified to provide 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.

The act repeals obsolete provisions stating that certain trials are to proceed in a single stage.

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

SEX TRAFFICKING - 566.209, 566.210, 566.211, 566.212, 566.213

Under current law, a person commits trafficking for the purposes of sexual exploitation if he or she knowingly recruits, entices, harbors, transports, provides, or obtains another person for sexual conduct, a sexual performance, or the production of explicit sexual material without his or her consent. This act adds, as an element to the crime, advertising the availability of another person for sexual conduct or a commercial sex act without his or her consent.

Under current law, a person commits sexual trafficking of a child by knowingly recruiting, enticing, harboring, transporting, providing, or obtaining a child to participate in a commercial sex act, a sexual performance, or the production of sexually explicit material. This act adds, as an element of sexual trafficking of a child, advertising the availability of a child to participate in a commercial sex act, a sexual performance, or the production of explicit sexual material.

These provisions are identical to SCS/SB 804 (2016) and HCS/HB 1562 (2016) and similar to SCS/HB 152 (2015).

STEALING - 570.010 & 570.030

Under this act, it is a Class B felony to physically take or attempt to take property from a person when the property is owned by or in the custody of a financial institution. Physically taking property from a person is currently a Class D felony, unless the property is $25,000 or more in which case it is a Class C felony.

Financial institution is defined as a bank, trust company, savings and loan association, or credit union.

This act is identical to provisions in SB 790 (2016), SB 624 (2016), HB 1594 (2016), HCS/HB 1675 (2016), and SCS/HB 254 (2015).

FRAUDULENT PROCUREMENT OF A CREDIT OR DEBIT DEVICE - 570.135

This act adds an element to the crime of fraudulent procurement of a credit or debit device. Under the new element, a person commits the Class A misdemeanor if he or she knowingly possesses a fraudulently obtained credit or debit device.

Under current law, business entities must not be held liable for accepting fraudulent applications for credit or debt devices or using fraudulent credit or debit devices in transactions without clear and convincing evidence that the business conspired with the fraudulent procuring of the credit or debit devices. This act specifies that such entities must not be held criminally liable without such evidence.

These provisions take effect January 1, 2017, and are identical to provisions in SB 804 (2016) and HCS/HB 1765 (2016).

OFFENSE OF PEACE DISTURBANCE - 574.010

A person does not commit the offense of peace disturbance if the loud noise or noxious odor arises from the raising and keeping of livestock or the planting, care, and harvesting or crops and hay.

This provision is identical to HB 2368 (2016) and substantially similar to provisions contained in SCS/SB 663 (2016) and HCS/HB 1632 (2016).

VICTIM IMPACT PROGRAM FOR DWI OFFENDERS - 577.011

Under the act, a person who has been found guilty of driving while intoxicated must complete a victim impact program approved by the court. The person is responsible for any charges imposed by the program.

This act is identical to HB 1436 (2016) and substantially similar to SB 890 (2016).

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 substantially similar to a provision in SCS/SB 663 (2016).

LAW ENFORCEMENT DOGS - 578.007, 578.022

Under current law, the killing of an animal that is not on its owner's property when the animal is injuring a person or farm animal is exempt from the animal abuse statute. The exemption specifies that it does not apply to police or guard dogs while working. This act replaces the reference to "police or guard dogs" with a reference to "law enforcement officer dog" and provides that the exemption does not include the killing or injuring of such dogs.

In addition, current law exempts law enforcement dogs that bite in the course of their official duties from certain criminal and civil liabilities. This act specifies that injuries caused by such dogs are also exempt from liability and adds a reference to the offense of animal abuse to the list of liabilities that do not apply to police dogs.

These provisions are identical to provisions contained in SCS/SB 663 (2016).

POSSESSION OF A CONTROLLED SUBSTANCE - 579.015

Currently possession of more than ten grams but less than thirty-six gram of marijuana is a Class A misdemeanor. The act states that it is a Class A misdemeanor to be in possession of more than ten grams but thirty-five grams or less.

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

VIOLENT CRIME SAFETY PILOT PROGRAM - 589.800

The act requires the Department of Public Safety to establish the Intervention and Compliance Unit Pilot Program in St. Louis City with the purpose of reducing and preventing violent crime. The program shall develop policies and procedures to focus on early detection of violent criminal behavior, address crime recidivism, and collect and monitor crime data, as well as develop strategies for improving mental and social service programs which address needs for reducing violent crime.

The program shall expire in six years after the effective date of this act unless reauthorized by the General Assembly.

This provision is substantially similar to SB 1036 (2016) and identical to HB 2434 (2016).

JESSI BAKER