Senate Committee Substitute

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

DEFINITION OF DANGEROUS FELONY (Section 556.061)

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

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 5 to 15 years for the first offense, 10 to 30 years for the second offense, and at least 15 years for any subsequent offense. These prison terms shall be served in addition to and consecutive with any punishment for the crime committed with the use of a deadly weapon.

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 SB 601 (2020), SB 562 (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.

MARY GRACE BRUNTRAGER


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