|
SCS/HB 1769 - 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 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). 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). SEX OFFENDER LIVING RESTRICTIONS This act prohibits a registered sex offender from living within one thousand feet of his or her former victim and defines the points from which one thousand feet will be measured. (Section 566.147) This provision is identical to SCS/SB 689 (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) This act adds those who "view" a fully or partially nude person with a reasonable expectation of privacy to the list invasion of privacy offenses and makes such offense a Class A misdemeanor. (Section 565.252) 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 SB 983 (2018), identical in part to a provision 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
|
