House Committee Substitute

HCS/SB 297 - This act modifies provisions relating to court proceedings, including jury service, probation, and sentencing.

JURY SERVICE (Section 494.430)

This act allows a person who is 75 years of age or older to be excused from jury service on a petit or grand jury upon a timely application to the court.

This provision is identical to HB 2063 (2018).

PROBATION (Section 559.016 and 559.600)

This act reduces the maximum term for probation for a misdemeanor or municipal ordinance violation from two years to eighteen months. A person sentenced to serve probation with a private entity is not required to submit to drug or alcohol testing unless the person is on probation as a result of a drug or alcohol offense or is ordered by a judge for good cause.

These provisions are identical to HCS/HB 80 (2019) and to provisions in HCB 2 (2019).

FIRST DEGREE MURDER SENTENCING (Section 565.030)

Currently, if an offender is found guilty of first degree murder, the court is required to instruct a jury that if a punishment is not agreed upon by the jurors, the court shall assess and declare the punishment of life imprisonment without eligibility for probation, parole, or release except by act of the governor or death. This act no longer requires the court to instruct the jury as it relates to the death of the offender.

This provision is identical to SB 288 (2019), HB 811 (2019), and SB 996 (2018) and is similar to HCS/HB 2459 (2018).

DWI PROBATION (Section 577.010)

This act modifies the term of probation to a minimum of eighteen months for when a person found guilty of driving while intoxicated may be granted a suspended imposition of his or her sentence.

This provision is identical to a provision in HCB 2 (2019).

KATIE O'BRIEN


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