SB 538
Modifies penalties relating to criminal offenses involving deadly weapons
Sponsor:
LR Number:
3891S.04C
Last Action:
5/15/2020 - Informal Calendar S Bills for Perfection--SBs 538, 562 & 601-Libla, with SCS, SS for SCS & SA 1 (pending)
Journal Page:
Title:
SCS SBs 538, 562 & 601
Calendar Position:
Effective Date:
August 28, 2020

Current Bill Summary

SS/SCS/SBs 538, 562, & 601 - This act modifies provisions relating to criminal offenses involving deadly weapons.

CERTIFICATION OF A JUVENILE (Section 211.071)

Under this act, beginning January 1, 2021, if a person is charged with the offense of armed criminal action or the offense of unlawful use of a weapon, and is between the ages of 12 and 18, then a mandatory hearing is conducted to determine if the case shall proceed in a juvenile court or a court of general jurisdiction.

These provisions are similar to SB 561 (2020) and SB 824 (2020).

DEFINITION OF DANGEROUS FELONY (Section 556.061)

This act adds to the definition of "dangerous felony" the offense of armed criminal action.

These provisions are substantially similar to SS/SB 600 (2020).

OFFENSE OF ENDANGERING THE WELFARE OF A CHILD (Section 568.045)

This act modifies the offense of endangering the welfare of a child to include when a person knowingly encourages, aids, or causes a child less than 17 years of age to engage in any conduct in violation of weapons offenses under the law.

OFFENSE OF ARMED CRIMINAL ACTION (Section 571.015)

Under current law, a person who commits the offense of armed criminal action is subject to a term of imprisonment of not less then 3 years for the first offense, 5 years for the second offense, and 10 years for any subsequent offense, in addition to any punishment for the crime committed by, with, or through the use of a deadly weapon.

This act changes the prison term for this offense to 3 to 15 years for the first offense, 5 to 30 years for the second offense, and at least 10 years for any subsequent offense. These prison terms shall be served in addition and consecutive to any punishment for the crime committed with the use of a deadly weapon. Additionally, this act provides that if the person convicted of armed criminal action is unlawfully possessing a firearm, the minimum prison term for the first offense is 5 years, the second offense is 10 years, and the third offense is 15 years.

No person convicted for the offense of armed criminal action shall be eligible for parole, probation, conditional release or suspended imposition or execution of sentence for the minimum period of imprisonment.

These provisions are similar to SS/SB 600 (2020) and HB 1453 (2020).

OFFENSE OF UNLAWFUL TRANSFER OF WEAPONS (Section 571.060)

Under current law, the offense of knowingly selling, leasing, loaning, giving away or delivering a firearm or blackjack to any child under 18 years old is a Class A misdemeanor.

This act changes the penalty for a person who knowingly sells or delivers any firearm to a child less than 18 years without the consent of the child's parent or guardian from a Class A misdemeanor to a Class E felony.

These provisions are similar to SB 759 (2020).

FRAUDULENT PURCHASE OF A FIREARM (SECTION 571.063)

Under current law, the fraudulent purchase of a firearm is a Class E felony. This act increases the penalty to a Class D felony.

These provisions are similar to SB 759 (2020).

UNLAWFUL POSSESSION OF A FIREARM (Section 571.070)

Under current law, the offense of unlawful possession of a firearm is a Class D felony. This act increases the penalty for unlawful possession of a firearm by a person convicted of a dangerous felony to a Class C felony.

These provisions are identical to SS/SB 600 (2020).

MARY GRACE BRUNTRAGER