INTOXICATION RELATED OFFENSES

This act adds a reference to a controlled substance offense chapter to a provision that upon a finding of guilt of a controlled substance offense, a judge may order a defendant to pay for the costs of testing for the substance or substances at a private lab. (Section 195.003)

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)

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 while the offender 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, while boating while intoxicated, acted with criminal negligence causing the death of persons as described in the act. 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 while 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 while 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 acted with criminal negligence to cause the death of any person while the offender had a blood alcohol content of at least eighteen-hundredths of one percent. (Section 577.014)

Currently, in order for an offender to be considered for a Class A or Class B drug trafficking felony, the offender must possess a certain quantity of the given drug. This act eliminates limitations on the maximum amount of drugs an offender may possess to be considered for Class A and Class B drug trafficking felonies. (Sections 579.065 and 579.068)

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

PARENTAL CUSTODY (Sections 210.117, 211.038, 452.375, 452.400)

Under current law, a parent who has committed specified felonies shall not be reunited with a child taken into the custody of the state or who is under the jurisdiction of the juvenile court. Additionally, such parent shall not be awarded custody or unsupervised visitation of a child. This act adds the crime of sex trafficking of a child in the first degree to the list of felony violations that prohibit a parent from being reunited with or granted custody or unsupervised visitation of a child.

This provision is identical to SB 857 (2018), a provision of HCS/HB 2350 (2018), and a provision of HCB 12 (2018).

SEXUAL CONDUCT IN THE COURSE OF PUBLIC DUTY (Section 566.146)

This act establishes the offense of sexual conduct in the course of public duty.

A person commits the offense of sexual conduct in the course of public duty if he or she is a probation or parole officer, police officer, or an employee of, or assigned to work in any jail, prison, or correctional facility and engages in sexual conduct while on duty with a witness or with a person who is detained, arrested, or imprisoned. The offense shall be a Class D felony.

This provision is identical to HB 2520 (2018) and a provision of HCS/HB 2350 (2018).

VICTIM COMPENSATION (Section 595.030)

Currently, no compensation shall be paid to a victim unless the claimant has incurred an out-of-pocket loss of at least fifty dollars or has lost two continuous weeks of earnings or support from gainful employment. A victim may claim out-of-pocket loss for medical care and other services necessary as a result of the crime or as a result of personal property being seized in the course of an investigation. Compensation for psychiatric, psychological, or counseling care shall not exceed $2,500 and compensation for out-of-pocket loss due to an investigation by law enforcement shall not exceed $250. This act repeals these provisions.

In the event of the death of a victim, currently, an award may be made for reasonable and necessary expenses actually incurred for preparation and burial not to exceed five thousand dollars. This act provides that a claim for an award may not exceed five thousand dollars by the funeral home or a relative of the victim.

Currently, no compensation shall be paid unless the Department of Public Safety finds that a crime was committed and that such crime directed resulted in "physical" injury to, or the death of, the victim, and that police records show that such crime was "promptly" reported to the authorities within 48 hours or delayed for good cause. This act provides that the injury does not have to be a physical injury nor promptly reported within 48 hours and that court or other official records shall suffice. Additionally, in lieu of other records, a claimant may provide a sworn statement given through the Address Confidentiality Program that the claimant has good reason to believe that he or she is a victim of domestic violence, rape, sexual assault, human trafficking, or stalking, and fears further violent acts from his or her assailant. This act provides that in the case of a sexual offense, filing a report may also include receiving a forensic examination or securing an order of protection.

This provision is identical to a provision of SCS/SB 966 (2018), a provision of HCS/HB 2350 (2018), similar to a provision of HCS/HB 2397 (2018), and similar to a provision of HB 1301 (2018).

MISSOURI VICTIMS COMPENSATION FUND (Section 595.045)

Currently, the State Director of Revenue shall deposit $250,000 to the state forensic lab account to defray expenses of registered federal DEA or Department of Health and Senior Services crime labs. This act provides that the Director of Revenue shall deposit "at least" $250,000 but "no more than" $1,000,000 into the state forensic lab account.

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

This provision is identical to a provision of HB 1301 (2018) and similar to a provision of SB 983 (2018) and a provision of SCS/HB 1769 (2018).

MIKE WEAVER