HB 1633 Modifies certain provisions relating to criminal offenses

     Handler: Dixon

Current Bill Summary

- Prepared by Senate Research -


SCS/HB 1633 - This act modifies provisions relating to criminal offenses.

OFFICIAL MISCONDUCT

This act provides that violating provisions relating to conflict of interest and lobbying is a Class A misdemeanor if the offense involves more than seven hundred and fifty dollars in value.

(Section 105.478)

The act also provides that a public official who exercises an official function for the sole purpose of obtaining an undue or unreasonable financial benefit resulting in the official being affected in a substantially different manner than the rest of the class of person affected by the action shall be guilty of the crime of official misconduct. A finding of guilt of the offense of official misconduct shall be admissible as prima facie evidence in support of an information in the nature of quo warranto. (Sections 531.070 and 576.040)

This act establishes that a court may enter a judgment of restitution against an offender convicted of official misconduct and order the offender to pay restitution against the victim, a government entity, or a third-party payor. The procedure through which the determination and enforcement of this restitution shall occur is set forth in the act. (Section 595.219)

Furthermore, a prosecuting attorney or law enforcement agency may request the State Auditor audit all or part of any political subdivision exclusively as part of an investigation of official misconduct relating to the receipt and expenditure of public funds. (Section 576.042)

These provisions are identical to SS#2/SB 552 (2018) and similar to SB 176 (2017).

FILING OF FALSE DOCUMENTS

This act creates the offense of filing false documents. For the first offense, filing a false document is a Class D felony, but can be a Class C felony in certain specified instances. Any person who is found guilty of filing a false document shall be ordered to make full restitution to any person or entity that has sustained any actual losses as a result of the filing.

(Sections 400.9-501 and 570.095)

The act specifies that any agency of the state, a county or the City of St. Louis shall create a system in which suspicious filings are logged, and outlines the process for petitioning a court when a person has probable cause to believe a filing is fraudulent. The system shall be created by January 1, 2019.

If a filing or record is deemed invalid in a civil action brought under this act, the prevailing party shall be awarded all reasonable costs and fees incurred by that party in the action.

This provision is identical to SB 750 (2018) and a provision of SCS/HB 1769 (2018), substantially similar to HCS/HB 303 (2017), certain provisions in SCS/HCB 1 (2017), and the truly agreed to CCS/SCS#2/SB 128 (2017).

STATUTES OF LIMITATION FOR CERTAIN OFFENSES AGAINST CHILDREN

Under current law, certain acts of child abuse may not be prosecuted after three years have elapsed. This act provides that there is no statute of limitations for child abuse prosecutions.

(Section 556.036)

In addition, current law provides that prosecutions for certain unlawful sexual offenses involving a person 18 years of age or younger must be commenced within 30 years of the victim turning 18. This act provides that such prosecutions may be commenced at any time for offenses committed after August 28, 2018.

(Section 556.037)

This provision is identical to SB 655 (2018), substantially similar to SCS/SB 352 (2017), and is similar to HB 1987 & 2185 (2018), SB 696 (2016), SB 467 (2015), and HB 167 (2015).

LESSER INCLUDED OFFENSES

This act modifies when a Missouri court shall be obligated to provide instructions on lesser included offenses to a jury.

Currently, a court in Missouri shall be obligated to charge the jury with respect to an included offense whenever there is a basis for a verdict acquitting the accused of the offense charged and convicting the accused of the included offense.

This act adds that courts in Missouri shall only be obligated to charge the jury if it is established by proof of the same or less than all the elements required to establish the commission of the offense charged, there is a rational basis in the evidence for a verdict acquitting the accused of the offense charged and convicting the accused of the included offense, and either party requests the court to charge the jury with a specific included offense.

This act provides that failure of the defendant or defense counsel to request a specific included offense shall not be a basis for plain-error review on direct appeal or post-conviction relief and that the trial court shall determine whether a rational basis in the evidence for a verdict exists.

(Section 556.046)

This provision is similar to SB 974 (2018) and HCS/HB 338 (2017).

MISDEMEANOR DRUG PROBATION

This act provides that in cases of private misdemeanor drug probation services, the entity providing the private probation service shall utilize the Department of Corrections standards of drug screening. Additionally, the entity providing such services shall not require the clients to travel more than 50 miles to attend regular probation meetings. (Section 559.600)

This provision is identical to HB 1344 (2018).

TOBY'S LAW

This act creates "Toby's Law", and provides that a person who has been found guilty of driving while intoxicated must complete a victim impact program approved by the court. The offender is responsible for any charges imposed by the program.

(Section 577.011)

This provision is similar to SB 970 (2018), SB 142 (2017), and identical to a provision of CCS/SCS#2/SB 128 (2017), identical to a provision of SCS/HCB 1 (2017), similar to HB 107 (2017), identical to SB 890 (2016), and substantially similar to HB 1436 (2016).

INCREASING THE PENALTIES FOR THE DISTRIBUTION OF HEROIN

Under current law, the distribution of heroin is not distinguished from the distribution of most other controlled substances, and is a Class C felony. This act provides that the distribution of any substance containing a detectable amount of heroin is a Class B felony. (Section 579.020)

This act provides that the distribution of heroin is a dangerous felony as defined by statute. (Sections 556.061)

This provision is identical to SB 589 (2018) and SB 351 (2017), and a provision of SCS/HB 1769 (2018).

INTOXICATION RELATED OFFENSES AND OTHER OFFENSES

This act makes an offense an "intoxication-related traffic offense" or "intoxication-related boating offense" a "dangerous felony" if the offender causes the death of any person not a passenger in the vehicle or vessel operated by the defendant, two or more persons, or any other person if such person had a blood alcohol content of at least eighteen-hundredths of one percent.

(Section 556.061)

Currently, a habitual boating offender is a person who boating while intoxicated acted with criminal negligence. This act repeals this provision. (Section 577.001)

This act makes any person found guilty of driving while intoxicated not eligible for suspended imposition of sentence or fine in lieu of a term of imprisonment if the person causes the death of any person not a passenger in the vehicle operated by the defendant, two or more persons, or any other person if the offender had a blood alcohol content of at least eighteen-hundredths of one percent. (Section 577.010)

Currently, the offense of boating while intoxicated is a Class B felony if the defendant is a habitual boating offender or if the defendant acts with criminal negligence to cause the death of a law enforcement officer or emergency personnel. Under this act, the offense of boating while intoxicated is also a Class B felony if the offender caused the death of any person not a passenger in the vessel operated by the defendant, two or more persons, or any other person if the offender had a blood alcohol content of at least eighteen-hundredths of one percent. (Section 577.013)

Currently, the offense of boating with an excessive blood alcohol content is a Class B felony if the offender is a habitual boating offender. Under this act, the offense of boating with an excessive blood alcohol content is also a Class B felony if the offender caused the death of any person not a passenger in the vessel operated by the defendant, two or more persons, or any other person if the offender had a blood alcohol content of at least eighteen-hundredths of one percent. (Section 577.014)

This act modifies the punishment for the second and subsequent violations of operating a motor vehicle without insurance. Currently, an offender may be punished by imprisonment in the county jail for a term not to exceed fifteen days and/or a fine not to exceed five hundred dollars. This act makes such an offense a Class C misdemeanor. (Section 303.025)

Currently, a surcharge of $150 is assessed and collected in all criminal cases for any violation of the Comprehensive Drug Control Act. This act also assesses such surcharge in cases of any controlled substance violation. (Section 488.029)

Currently, in order for an offender to be considered for a Class A or Class B drug trafficking felony, the offender must have a minimum quantity of the given drug. This act eliminates certain limitations on the quantity of drugs an offender must have to be considered for Class A and Class B drug trafficking felonies.

(Sections 579.065 and 579.068)

This act requires Class E felony offenders to make a payment of $46 dollars to the Missouri Victims Compensation Fund.

(Section 595.045)

These provisions are identical to provisions of SB 983 (2018) and SCS/HB 1769 (2018), identical in part to provisions contained in HCB 9 (2017), the truly agreed to and finally passed version of SB 128 (2017), HB 743 (2017), HCS/HB 1133(2017), SCS/HCB 1 (2017), and substantially similar to SB 512 (2017).

MIKE WEAVER


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