Missouri Senate

Senate Committee Substitute

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 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regarding an investigation of abuse by a in-home services client manager and local area agency on aging training is repealed.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 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).

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).

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

These provisions are substantially similar to SCS/SB 663 (2016), SB 200 (2015) and contains provisions 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.

SECOND DEGREE TAMPERING - 569.090

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

INTOXICATION-RELATED BOATING AND TRAFFIC OFFENSES - 577.001 & 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 SCS/SB 663 (2016) and are similar to provisions of SS/SCS/SBs 112, 212, 143, & 234 (2015).

This act abrogates the holdings of Stiers v. Dir. of Revenue, No. SC4840 (Mo. Jan. 12, 2016) and Stiers v. Dir. of Revenue, ED 101407, 2015 WL 343310 (Mo.App. E.D. Jan. 27, 2015). This act requires admission of relevant chemical analysis of a person's breath in proceedings for any criminal offense or violations of county or municipal ordinances or license suspension or revocation proceedings arising out of acts occurring between December 30, 2012 and April 4, 2014, relating to the operation of a vehicle, vessel, or aircraft while in an intoxicated condition or with an excessive blood alcohol content so long as the evidence meets certain conditions outlined in the act. This act deems the provision to be a procedural rule and applicable to all proceedings in progress whether commenced before or after the enactment of the act. This provision contains an emergency clause and is identical to SB 1014 (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 SCS/SB 663 (2016) and 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 SCS/SB 663 (2016).

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.

MEGHAN LUECKE