Missouri Senate

Perfected

SHERIFF ASSISTANCE - 57.111

Under current law, sheriffs and deputy sheriffs may render assistance in an adjoining county upon the request of that county's sheriff. When rendering such assistance, the responding sheriffs and deputies have the same powers of arrest in the requesting county as they have in their own county. This act provides that sheriffs and deputy sheriffs may render such assistance in any county in the state.

This act also specifies that, for purposes of workers' compensation, overtime, and expense reimbursement, any sheriff or deputy rendering assistance in another county shall be deemed an employee of the responding county sheriff's office.

This act is identical to a provision of SB 734 (2016), SCS/HB 1936 (2016), SS/SCS/HB 218 (2015) and is similar to SB 202 (2015).

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 SS/SCS/SB 590 (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 SS/SCS/SB 590 (2016) and are similar to SS/SCS/SBs 112, 212, 143, & 234 (2015).

REPORTING REQUIREMENTS IN LONG-TERM CARE FACILITIES - 198.070

This act amends the provision relating to reporting of suspected abuse and neglect of a resident of a long-term care facility who is sixty years of age or older or an eligible adult. Current law requires a report to be made to the Department of Health and Senior Services in the event of suspected abuse and neglect. Under this act, in the event of a suspected sexual assault of the resident, specified mandated reporters shall also report to local law enforcement under the procedures of the federal Elder Justice Act of 2009.

This provision is identical to SS/SCS/SB 590 (2016) and is substantially similar to SS/SCS/SBs 112, 212, 143, & 234 (2015) and SB 971 (2014).

MIRANDA WARNINGS TO JUVENILE OFFENDERS - 211.059

When a child is taken into custody, current law requires law enforcement officials to advise the child prior to questioning that the child has the right to remain silent, that any statement made can be used in court, has the right to have a parent present, and has the right to an attorney. This act provides that any court recognized exception to the giving of Miranda warnings to an adult prior to interrogation shall also apply to this requirement that a child be given such advise.

This provision is identical to SS/SCS/SB 590 (2016).

JUVENILE SHACKLING - 211.436

This act provides that, when a juvenile court has a rule or otherwise requires the use of restraints during proceedings, the juvenile's attorney must have the right to be heard on a request that the restraints not be used. If the court orders the use of restraints, the court must make findings of fact in support of the use of restraints.

This provision is identical to SB 918 (2016).

SHACKLING OF PREGNANT WOMEN - 217.151

This act prohibits the use of restraints on offenders during the second and third trimesters of pregnancy and for 48 hours after delivery unless a doctor treating the pregnant or post-partum offender has determined that extraordinary circumstances exist. This act defines "extraordinary circumstances."

Under this act, pregnant and postpartum offenders must be transported in cars with seatbelts. If restraints are used, they must be the least restrictive available. Leg or waist restraints may not be used on pregnant or postpartum offenders and restraints must not be used if a health care provider treating the offender requests that restraints not be used.

Whenever a doctor determines extraordinary circumstances exist and restraints are used, the doctor must fully document certain information in writing within 7 days of the incident. This act requires the Sentencing and Corrections Oversight Commission and the advisory committee on women's programs to conduct biannual reviews of the written reports. The Department of Corrections must keep the reports on file for five years.

This act requires the head of each prison to provide training to prison employees on the requirements of this act and inform female offenders of the prison's policies and practices regarding the use of restraints on pregnant and postpartum inmates.

This provision is identical to a provision of SB 977 (2016).

Certain sections of this act have a delayed effective date of January 1, 2018.

TWO-WAY TELECOMMUNICATIONS DEVICES IN PRISONS AND JAILS - 217.360 & 221.111

Under current law, it is a crime to possess, deliver, deposit, or conceal certain items in a prison or jail. This act adds two-way telecommunications devices and their component parts to the list of prohibited items.

This act provides that the prohibition on telecommunications devices does not apply to law enforcement officers lawfully engaged in their duties or any person who is authorized to use such a device in the facility.

This provision is identical to SB 689 (2016), SS/SCS/SB 590 (2016), and SS/SCS/SBs 112, 212, 143, & 234 (2015) and is substantially similar to SB 252 (2015).

PROBATION AND PAROLE - 217.670, 217.690, & 217.722

This act removes the statutory provision allowing an offender to object to the use of videoconferencing at probation and parole hearings, and requires the Board of Probation and Parole to conduct an interview, rather than a personal interview, of the offender before ordering parole.

These provisions are identical to SCS/SB 663 (2016) and SB 1006 (2016).

This act requires a probation officer who has probable cause to believe a probationer has violated a condition of probation to notify the prosecuting or circuit attorney.

This provision is identical to SB 681 (2016), and SCS/SB 31 (2015).

FAILURE TO YIELD - 304.351

Currently, a person who causes physical injury or death to another person by failing to yield the right-of-way is subject to additional monetary penalties and driver's license suspensions. This act makes those penalties discretionary rather than mandatory. Under this act, the maximum penalty for a person who causes physical injury to a person by failing to yield the right-of-way is increased from $200 to $500. In the case of serious physical injury this act increases the maximum penalty from $500 to $1,000. This act increases the maximum penalty for a person who causes the death of another person by failing to yield the right-of-way from $1,000 to $2,500. In addition, the person who causes a fatality by failing to yield the right-of-way may be required to successfully complete a driver-improvement program.

This provision is identical to a provision of SS/SCS/SB 590 (2016) and is similar to SB 917 (2016), SCS/SB 267 (2015), SB 696 (2014), HB 1149 (2014), SB 130 (2013), and SCS/SB 805 (2012).

MINORS AND ALCOHOL - 311.310 & SECTION B

Under current law, it is a Class B misdemeanor for a property owner to knowingly allow a person under the age of 21 to drink or possess intoxicating liquor or fail to stop a minor from drinking or possessing liquor. This act makes the offense a Class A misdemeanor. Any subsequent violation is a Class E felony.

This provision takes effect January 1, 2017.

This provision is identical to SB 614 (2016) and SCS/SB 30 (2015).

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).

ELECTRONIC MONITORING WITH VICTIM NOTIFICATION - 455.095

This act provides that a court may place a person on electronic monitoring with victim notification if the person is charged with, or has been found guilty of, violating an order of protection.

Electronic monitoring with victim notification is defined as a monitoring system that can monitor the movement of a person and immediately transmit the person's location to the victim and local law enforcement when the person enters a certain area.

The court only may place a person on electronic monitoring with victim notification if the protected person has provided his or her informed consent. The phrase "informed consent" is defined under the act.

The person being monitored must pay the costs associated with the monitoring unless he or she is determined by the court to be indigent. If determined to be indigent, the court clerk must notify the Department of Corrections and send a bill for the monitoring costs to the department. The department must establish a procedure to determine the portion of costs the indigent person is able to pay and must seek reimbursement of such costs. This act gives the Department of Corrections rulemaking authority for this provision.

Under this act, an alert is probable cause to arrest the monitored person for a violation of a protective order.

This act requires the Department of Corrections, Department of Public Safety, Missouri State Highway Patrol, circuit courts, and local law enforcement agencies to share information obtained via the electronic monitoring.

This act provides immunity from liability to suppliers of the electronic monitoring system for certain injuries associated with the use of the system.

These provisions expire August 28, 2022.

These provisions are identical to SB 678 (2016) and are similar to SB 86 (2015) and SCS/SB 640 (2014).

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 in 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).

JUSTICE CENTER FUND - 488.2206

This act provides that any single noncharter county judicial circuit, rather than just the Thirty-First Judicial Circuit, shall collect a surcharge of up to ten dollars in all cases to be deposited in an account known as the "Justice Center Fund." In addition to costs associated with the construction, maintenance, and operation of a judicial facility, the act states that the funds from the surcharge may be used for the planning, including architectural and engineering plans, of a judicial facility or justice center.

The county or municipality shall maintain records identifying all funds received and expenditures made from the fund.

This provision is identical to SB 1012 (2016).

RECORDS OF CHILD VICTIMS OF SEX 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 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 as part of a legal proceeding.

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 either require the return of the copies upon final disposition of the case or an affidavit certifying the destruction of such copies. 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 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 substantially similar to SCS/SB 971 (2016) and HCS/HB 2202 (2016).

DEPRIVATION OF RIGHTS - 537.570

This act states that any person acting under the color of law who deprives another of any right or privilege granted by the Missouri Constitution or laws of this state shall be liable to the injured party. Under the act, the Attorney General is authorized to bring a civil action on behalf of the injured party.

This provision is identical to provisions contained in SCS/SBs 661, 726 & 741 (2016) and SS #2/SCS/SBs 199, 417, 42 (2015) and similar to SB 567 (2015).

PROSECUTION OF STEALING-RELATED OFFENSES - 541.033

Under current law, crimes are prosecuted in the county in which they occurred or any element of the offense occurred. Identity theft can also be prosecuted in the county in which the victim resides or the property obtained, or attempted to be obtained, was located.

This act provides that any offense of Chapter 570, which includes robbery, stealing, and other similar offenses, may also be prosecuted in the county in which the victim resides or conducts business or the property obtained, or attempted to be obtained, was located.

This provision is identical to SB 658 (2016) and SB 561 (2015).

MOTION TO SUPPRESS - 542.296

Under current law, a person aggrieved by an unlawful seizure made by an officer may file a motion to suppress the evidence if there is a pending criminal investigation being conducted with the intention of using the seized item to seek an indictment or information or when the person has been charged. This act repeals the provision allowing for the motion to suppress during the pending criminal investigation.

This provision is identical SB 1013 (2016) and SB 382 (2015).

PRELIMINARY EXAM - 544.250

This act specifies the type of evidence on which a court may base its findings in a preliminary hearing.

This provision is identical SB 1013 (2016) and SB 382 (2015).

DEPOSITIONS IN CRIMINAL CASES - 545.400

Current law allows the defendant in any criminal case to depose witnesses. This act allows any party to depose witnesses in felony cases and provides that depositions in misdemeanor cases may only be taken upon court order. Under this act, the party taking the deposition must provide a copy of the transcript and any recording from the deposition to the other party.

This provision is identical SB 1013 (2016) and SB 382 (2015).

CHANGE OF VENUE - 545.490

Current law requires the defendant to set forth facts supporting a change of venue, including affidavits from the petitioners and at least two credible disinterested citizens of the county where the case is pending. The prosecuting attorney may offer rebuttal evidence. If the case is in a county with a population of less than 75,000, the judge must grant a change of venue if the petition is supported by affidavits from five or more credible disinterested citizens residing in different neighborhoods of the county.

This act repeals the current law and provides that a change of venue may be ordered in a felony case for a list of specified reasons. This act also requires the application for a change of venue be filed within 30 days of arraignment. The application must set forth the reasons for the change in venue, but need not be verified. The prosecutor may file a denial of the existence of the reasons alleged in the application, and if a denial is filed, the court must hold a hearing on the matter. If the court finds in favor of the defendant or no denial is filed by the prosecutor, a change of venue must be ordered.

This act specifies that all proceedings, except the trial by jury, must occur in the originating county, except as otherwise agreed upon by the parties and the court.

This provision is identical SB 1013 (2016) and SB 382 (2015).

LESSER-INCLUDED OFFENSES - 556.046

Under current law, the court is not be obligated to instruct the jury on an included offense unless there is a basis for a verdict acquitting the person of the offense charged and convicting the person of the included offense.

The court is obligated to instruct the jury with respect to a particular included offense only if there is a basis in the evidence for acquitting the person of the immediately higher included offense and there is a basis in the evidence for convicting the person of that particular included offense.

This act adds the word "rational" before the word "basis" in the provisions regarding when the court is and is not obligated to provide instructions on included offenses.

In addition, this act specifies that it is intended to abrogate certain case law and apply retroactively.

This provision is identical to SB 929 (2016).

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 SS/SCS/SB 590 (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 SS/SCS/SB 590 (2016).

SELF DEFENSE - 563.031

Currently, a person does not have a duty to retreat from a dwelling, residence, or vehicle where the person is not unlawfully entering or unlawfully remaining or from private property that is owned or leased by such individual. This act provides that a person does not have a duty to retreat from any place such person who is not engaged in an unlawful activity has a right to be.

This provision is identical to SB 1037 (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 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 identical to SCS/SBs 661, 726 & 741 (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 SS/SCS/SB 590 (2016).

Current law lists a number of aggravating circumstances, which, if found by a judge or jury to exist in a particular case of first degree murder, may result in the defendant being sentenced to death.

This act adds committing murder as an amendment of terrorism in that it was committed for the purpose of intimidating or coercing a civilian population, influencing the policy of a government by intimidation or coercion, or affecting the conduct of a government to the list of aggravating circumstances.

This provision is identical to SB 775 (2016) and SB 158 (2015).

STALKING - 565.225

This act adds the act of knowingly accessing, or attempting to access, the address of a participant of the address confidentiality program administered by the Secretary of State to the elements of aggravated stalking.

Beginning in 2017, as a result of SB 491 (2014), aggravated stalking will be known as stalking in the first degree. This act also adds the act of knowingly accessing, or attempting to access, the address of a participant of the address confidentiality program to the elements of first degree stalking.

This provision is identical to SB 886 (2016) and a provision of SS/SCS/SB 590 (2016) and SS/SCS/SBs 112, 212, 143, & 234 (2015) and is similar to SB 710 (2014).

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

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.

PROHIBITED ACTS INVOLVING CROPS - 569.132 & 578.416

This act modifies the offense of prohibited acts involving crops by adding the acts of intentionally contaminating and weakening property in or on land on which a crop is located.

FIRST DEGREE TRESPASS - 569.140

Under current law, a person commits the Class B misdemeanor of first degree trespass by knowingly and unlawfully entering or remaining in another person's building or on another person's real property. This act adds knowingly and unlawfully entering or remaining on a temporary or permanent privately owned structure attached to another person's building or property to the list of actions that constitute first degree trespass.

In order for the act to be first degree trespass, the attached structure must be fenced or otherwise enclosed or actual notice must be given to the trespasser in the form of actual communication or posting of the structure in a manner reasonably likely to come to the attention of the trespasser.

This provision takes effect on January 1, 2017 and is identical to SB 914 (2016).

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 SB 790 (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.

This provision is identical to SB 624 (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).

INTOXICATION-RELATED BOATING AND TRAFFIC OFFENSES - 577.001, 577.010, 577.011, 577.012, 577.013, & 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 SS/SCS/SB 590 (2016) and are similar to provisions of SS/SCS/SBs 112, 212, 143, & 234 (2015).

Under this 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 provision is identical to SB 890 (2016) and is substantially similar to HB 1436 (2016).

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 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 SS/SCS/SB 590 (2016) and SS/SCS/SBs 112, 212, 143, & 234 (2015).

OFFENSE OF LEAVING THE SCENE OF AN ACCIDENT - 577.060

Currently, leaving the scene of an accident is a Class D felony if physical injury was caused to another party. Beginning in 2017, when the revisions to the Criminal Code take effect, the penalty is a Class E felony.

Under this act, it is a class C felony if the accident resulted in death, and, beginning in 2017, it will be a Class D felony if the accident resulted in death.

This provision is identical to HB 2551 (2016).

This act also provides that the offense of leaving the scene of an accident is a Class E felony beginning January 1, 2017 if the defendant has previously been found guilty of the same offense.

This provision is identical to SS/SCS/SB 590 (2016).

ILLEGAL REENTRY - 577.685

This act creates the crime of illegal reentry. An illegal alien commits the crime of illegal reentry if he or she has been removed from the United States due to the violation of certain federal crimes and thereafter enters the state of Missouri and commits the offense of misdemeanor assault or domestic assault, any felony offense, or any crime committed in another state that would be considered an offense of misdemeanor assault or domestic assault, any felony offense under Missouri law. Moreover, any person in charge of a facility in which an illegal alien is detained upon arrest for illegal reentry shall transfer such illegal alien to the U.S. Immigration and Customs Enforcement as soon as practicable.

Illegal reentry is punishable as a Class C felony.

This provision is identical to SS/SB 612 (2016).

ANIMAL OR LIVESTOCK TRESPASS - 578.005 - 578.040

Currently, the crime of animal trespass is defined as a person having ownership of an animal who fails to provide adequate control of the animal for a period of 12 hours or more.

Under this act, a person commits the offense of animal or livestock trespass by either failing to provide adequate control of any animal except livestock when the animal trespasses on another person's property or failing to provide adequate control of livestock for a period of 12 hours or more when the livestock trespasses on another person's property.

In addition, this act removes the maximum fines that may be charged for animal or livestock trespass, which potentially conflict with another provision of law setting the maximum fines for infractions and Class C misdemeanors. This act repeals a provision stating that reasonable costs for the care and maintenance of trespassing animals may not be waived.

These provisions are identical to SB 721 (2016) and provisions of SS/SCS/SB 590 (2016) and SS/SCS/SBs 112, 212, 143, & 234 (2015).

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 SS/SCS/SB 590 (2016).

MARIJUANA POSSESSION - 579.015

Beginning in 2017, the possession of more than 10 grams but less than 36 grams of marijuana or synthetic cannabinoid is a Class A misdemeanor. This act provides that 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 SS/SCS/SB 590 (2016).

INTERVENTION AND COMPLIANCE UNIT PILOT PROGRAM - 589.800

This 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.

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

PUBLIC DEFENDERS - 600.042, 600.090, & 600.101

Under current law, the director of the State Public Defender System must implement a plan to establish district offices that align with judicial circuit boundaries by December 31, 2018. This act extends the date of implementation to December 31, 2021.

Current law allows the director of the Missouri State Public Defender System to delegate the legal representation of any person to any licensed attorney. This act specifies that the director can delegate the legal representation of people who are eligible for representation by the Public Defender System.

In addition, current law allows unexpended funds of up to $150,000 to remain in the Legal Defense and Defender Fund at the end of the fiscal year. This act removes the cap, so all unexpended money remains in the fund.

These provisions are identical to provisions of SB 705 (2016) and SCS/SB 91 (2015).

This act repeals a provision requiring the Commission on Judicial Resources to report to certain Senate and House committees regarding office space for public defenders.

This provision is identical to SB 735 (2016) and a provision of SCS/SB 91 (2015).

MOBILE VIDEO RECORDINGS - 610.026 & 610.100

This act modifies provisions relating to the Sunshine Law. Currently, allowable fees for providing public records includes research time for fulfilling requests. This act includes time spent reviewing records to determine whether or not the records are closed or authorized to be closed. A public body may waive or reduce fees if such waiver or reduction is in the public interest because the applicable fees are minimal and should be waived for administrative efficiency. Payment of copying, search, research and duplication fees may be requested prior to the making of copies or production of records.

Mobile video recordings from a law enforcement vehicle or a device carried by a law enforcement officer that includes a camera and recording capability are considered a closed record until the investigation becomes inactive. A mobile video recording in a nonpublic location may be closed, except that any person depicted in the recording or certain other persons may obtain a complete, unaltered and unedited copy of the recording.

The act adds legal guardians or parents of a minor as being able to obtain closed investigative or mobile video records in the same way that any person could obtain such records.

Any person may bring an action to authorize disclosure of a mobile video recording and the court may order that all or part of the recording be released to the person. In making its determination on release, the court shall consider factors outlined in the act, including the benefit to the public as opposed to the harm to the public, to the law enforcement agency or its officers, or to any person identified in the recording. The mobile video recording may be examined by the court in its chambers. If disclosure of either a mobile video recording or an investigative report is authorized, the court may make any order that justice requires and set forth conditions for or limitations on the disclosure as authorized in the act.

The act provides that any person who requests and receives a mobile video recording that was recorded in a nonpublic location is prohibited from displaying or disclosing the recording without first affording any non-law enforcement person whose image or sound is contained in the recording the opportunity to seek a court order enjoining all or some of the display or disclosure. Any person who fails to comply with this provision is subject to damages in a civil action.

These provisions are identical to provisions of SB 1061 (2016) and SCS/HB 1936 (2016).

DNA COLLECTION FROM FELONY OFFENDERS - 650.055

Under current law, every individual who is 17 years old or older and is arrested for burglary, sex-related felonies, and certain felonies committed against a person must provide a biological sample for DNA profiling analysis.

This act requires every individual who is 17 years old or older who is arrested for any felony offense to provide a biological sample for DNA profiling.

This provision is identical to SB 729 (2016), SB 76 (2015), and SB 879 (2014).

MEGHAN LUECKE