SB 34 Modifies and creates new provisions relating to criminal offenses
Sponsor: Cunningham
LR Number: 0089S.07T Fiscal Notes
Committee: Transportation, Infrastructure and Public Safety
Last Action: 7/6/2017 - Signed by Governor Journal Page: S1905-1906
Title: CCS HCS SS SB 34 Calendar Position: 4
Effective Date: August 28, 2017
House Handler: Rhoads

Full Bill Text | All Actions | Amendments/CCRs/CCSs | Available Summaries | Senate Home Page | List of 2017 Senate Bills

Current Bill Summary


CCS/HCS/SS/SB 34 - This act modifies and creates new provisions relating to criminal offenses.

PUBLIC EMPLOYEE RETIREMENT PLAN BENEFITS (SECTION 105.669)

This act modifies provisions related to public pension forfeiture when a felonious act is committed in direct connection with or directly related to the participant's duties. The employer is required to notify the appropriate retirement system and provide information in connection with the felony charge or conviction.

These provisions are identical to a provision in the truly agreed to CCS/HCS/SS/SB 62 (2017), HCS/SB 394 (2017), and HB 996 (2017).

ENFORCEMENT AUTHORITY OF CONSERVATION COMMISSION

(SECTION 252.069)

This act states that an agent of the Conservation Commission may enforce provisions of law relating to the offense of littering and the offense of abandoning a vehicle only upon the water, the banks thereof, or public land.

This provision is identical to provisions in SS/SCS/HCS/HBs 302 & 228 (2017), HCS/HB 1133 (2017), and HCB 9 (2017), and substantially similar to a provision in SB 512 (2017).

CRIMINAL CODE CLEAN-UP (SECTION 479.170)

The act corrects an intersectional reference leftover from the criminal code revision bill SB 491 (2014).

HATE OFFENSES (SECTION 557.035)

Under current law, if an assault in the third degree or harassment in the first degree is believed to be knowingly motivated because of race, color, religion, national origin, sex, sexual orientation, or disability of the victim, such violation shall be a Class E felony. This act makes such a violation a Class D felony.

The act further stipulates that if assault in the fourth degree is believed to be knowingly motivated because of race, color, religion, national origin, sex, sexual orientation, or disability of the victim, such violation shall be a Class E felony.

These provisions are identical to provisions in the truly agreed to CCS/SCS#2/SB 128 (2017), HCS/HB 1133 (2017) and HCB 9 (2017) and similar to provisions in SB 512 (2017) and the perfected HCS/HB 57 (2017).

DEFINITION OF "SPECIAL VICTIM" FOR PURPOSES OF OFFENSES AGAINST THE PERSON (SECTION 565.002)

This act modifies the definition of "special victim" for purposes of any offense against the person to include any hospital personnel.

OFFENSE OF INVOLUNTARY MANSLAUGHTER

(SECTIONS 565.024 AND 565.027)

Under current law, the offense of involuntary manslaughter in the first degree is a class C felony. This act stipulates that involuntary manslaughter in the first degree is a Class B felony if the victim is intentionally targeted as a law enforcement officer or a relative within the second degree of consanguinity or affinity to a law enforcement officer.

Under current law, the offense of involuntary manslaughter in the second degree is a Class E felony. This act stipulates that involuntary manslaughter in the first degree is a Class D felony if the victim is intentionally targeted as a law enforcement officer or a relative within the second degree of consanguinity or affinity to a law enforcement officer.

These provisions are similar to provisions in SB 46 (2017), the perfected HCS/HB 57 (2017), HB 273 (2017), and HB 1020 (2017).

OFFENSE OF DOMESTIC ASSAULT (SECTION 565.076)

Under current law, the offense of domestic assault in the fourth degree is a Class A misdemeanor, unless the person has previously been found guilty of assault of a domestic victim two or more times, in which case such offense is a Class E felony. This act provides that domestic assault in the fourth degree is a Class E felony if the person has previously been found guilty of any assault offense under state law or of any offense against a domestic victim under any local ordinance, or any state, federal, or military law which would constitute domestic assault in the fourth degree if committed in this state two or more times.

This provision is identical to a provision in the truly agreed to CCS/SCS#2/SB 128 (2017) and HCS/HB 1133 (2017) and substantially similar to provisions in SB 512 (2017) and HCB 9 (2017).

OFFENSE OF HARASSMENT (SECTION 565.091)

Harassment in the second degree is a Class A misdemeanor, unless the person has previously been found guilty of harassment in the second degree or of any offense under any local ordinance, state law, federal law, or military law, which would be chargeable as harassment in the second degree, then harassment in the second degree is a Class E felony. The provisions criminalizing harassment in the second degree shall not apply to the activities of law enforcement officers conducting investigations.

This provision is identical to a provision in the truly agreed to CCS/SCS#2/SB 128 (2017), HCS/HB 1133 (2017), and HCB 9 (2017) and substantially similar to a provision in SB 512 (2017).

OFFENSE OF STALKING (SECTIONS 565.225 AND 565.227)

Under current law, the offense of stalking in the first degree is a Class E felony. This act stipulates that stalking in the first degree is a Class D felony if the victim is intentionally targeted as a law enforcement officer or a relative within the second degree of consanguinity or affinity to a law enforcement officer.

Under current law, the offense of stalking in the second degree is a Class A misdemeanor. This act stipulates that stalking in the second degree is a Class E felony if the victim is intentionally targeted as a law enforcement officer or a relative within the second degree of consanguinity or affinity to a law enforcement officer.

These provisions are substantially similar to provisions in HB 1020 (2017).

THE PRESENCE OF CERTAIN OFFENDERS IN PUBLIC PLACES

(Section 566.150)

This act adds museums that hold themselves out to the public as and exist with the primary purpose of entertaining or educating children under 18 to the list of public places where certain individuals found guilty of certain offenses against minors shall not knowingly be present in or loiter within 500 feet.

This provision is substantially similar to a provision in the truly agreed to HCS/SS/SCS/SB 160 (2017) as well as a provision in HCS/HB 572 (2017).

EXPUNGEMENT OF CRIMINAL NONSUPPORT (SECTIONS 568.040 AND 650.055)

The act permits a person to petition a court for expungement of all recordations of his or her arrest, plea, trial, or conviction relating to criminal nonsupport if the following provisions are satisfied:

1. If such person's children were the subject of a child support order and the obligation of such individual to make child support payments has been terminated under law;

2. If such person has been found guilty of a felony offense for criminal nonsupport; and

3. If such person has successfully completed probation after a plea of guilty or a conviction.

Such petition shall be granted by the court if it determines that the person meets the criteria specified in the act.

The act further provides for the expungement of DNA samples and profiles in the event that expungement is granted under this provision.

These provisions are substantially similar to provisions in HCS/HB 490 (2017).

OFFENSE OF PROPERTY DAMAGE (SECTIONS 569.100 AND 569.120)

Under current law, the offense of property damage in the first degree is a Class E felony. Under this act, property damage in the first degree is a Class D felony if the property was knowingly damaged, the damage exceeds $750, and the victim is intentionally targeted as a law enforcement officer or a relative within the second degree of consanguinity or affinity to a law enforcement officer.

Under current law, the offense of property damage in the second degree is a Class B misdemeanor. Under this act, property damage in the second degree is a Class A misdemeanor if the property was knowingly damaged, the damage exceeds $750, and the victim is intentionally targeted as a law enforcement officer or a relative within the second degree of consanguinity or affinity to a law enforcement officer.

These provisions are substantially similar to provisions in HB 1020 (2017) and similar to provisions in the perfected HCS/HB 57 (2017).

OFFENSE OF TRESPASS (SECTION 569.140)

Under current law, the offense of trespass in the first degree is a class B misdemeanor. Under this act, the offense of trespass in the first degree is a Class A misdemeanor if the victim is intentionally targeted as a law enforcement officer or a relative within the second degree of consanguinity or affinity to a law enforcement officer.

These provisions are substantially similar to provisions in HB 1020 (2017) and similar to provisions in the perfected HCS/HB 57 (2017).

OFFENSE OF ACCEDING TO CORRUPTION (SECTION 575.280)

The offense of acceding to corruption is a Class D felony if a witness accepts a benefit on the understanding that he or she will disobey a legal process in a felony prosecution proceeding.

This provision is identical to a provision in the truly agreed to CCS/SCS#2/SB 128 (2017), HCS/HB 1133 (2017), and HCB 9 (2017) and substantially similar to a provision in SB 512 (2017).

INTOXICATION-RELATED OFFENSES (SECTIONS 577.001 AND 577.010)

The definition of the terms "habitual offender" and "intoxication-related traffic offense" are modified as used in provisions relating to public safety criminal offenses. Driving while intoxicated is a Class B felony if the person acts with criminal negligence to 1) cause the death of another who is not in the vehicle, 2) cause death of two or more persons, or 3) cause the death of any person while having a blood alcohol content of at least eighteen-hundredths of one percent.

This provision is identical to provisions in the truly agreed to CCS/SCS#2/SB 128 (2017), HCS/HB 1133 (2017), and HCB 9 (2017), and substantially similar to a provision in SB 512 (2017).

OFFENSE OF LEAVING THE SCENE OF AN ACCIDENT (SECTION 577.060)

The offense of leaving the scene of an accident is a Class D felony if a death occurred as a result of the accident.

This provision is identical to HB 178 (2017) and provisions in HCB 1 (2017), HCB 9 (2017).

OFFENSE OF ILLEGAL REENTRY (SECTION 577.685)

This act creates the crime of illegal reentry. A person 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 illegally enters the state of Missouri and commits the offense of misdemeanor assault or domestic assault, or certain other felonies, or any crime committed in another state that would be considered an offense of misdemeanor assault or domestic assault, or certain other felonies under Missouri law.

Illegal reentry is punishable as a Class C felony.

This provision is substantially similar to SS/SCS/SB 612 (2016).

ADDRESS CONFIDENTIALITY PROGRAM (SECTIONS 589.664 AND 589.675)

Under this act, no person or entity shall be compelled to disclose the actual address of an Address Confidentiality Program participant during the discovery phase of a court proceeding, unless (1) the court find that there is a reasonable belief that the address is needed to obtain information or evidence without which the investigation, prosecution, or litigation cannot proceed and (2) there is no other practicable way of obtaining the information or evidence. The court shall provide to the participant notice and an opportunity to present evidence regarding the disclosure order. The court shall also give the Secretary of State notice when ordering the disclosure of a program applicant's actual address. The Secretary of State shall have the opportunity to intervene in any proceeding where a court is considering ordering the disclosure of a participant's address.

This provision is substantially similar to provisions in the truly agreed to CCS/SCS#2/SB 128 (2017) and SCS/HCS/HB 260 (2017).

The act also provides that the Secretary of State may only make the address of an Address Confidentiality Program participant available for inspection or copying to a person identified in a court order that complies state law, as stipulated in the act.

EXPUNGEMENT OF OFFENSES--IDENTITY THEFT (SECTION 610.145)

The act permits a person to petition a court for the expungement of any records relating to any infraction or offense that is the result of mistaken identity or another person using the petitioner's identification. If, after a hearing, the court determines that the person's identity was used without permission and the charges against the person were dismissed or such person was found not guilty, the petition for expungement shall be granted. The court shall order that all records identifying the petitioner be expunged from the records of the court, all law enforcement agencies, the Department of Corrections, the Department of Revenue, and any state or local government agency identified by the petitioner.

This provision is substantially similar to a provision in HCS/HB 491 (2017).

BLUE ALERT SYSTEM (SECTION 650.520)

The act creates the Blue Alert System for the notification of the general public in instances where law enforcement officers are killed or injured. The Department of Public Safety is given certain duties relating to the operation of the system. Any person who knowingly makes a false report that triggers an alert of the system is guilty of a Class A misdemeanor.

This provision is identical to a provision in SCS/HCS/HBs 302 & 228 (2017), substantially similar to a provision in SCS/SB 46 (2017) and substantially similar to provisions in SB 265 (2017) and HCB 1 (2017).

SCOTT SVAGERA