SB 850
Modifies provisions relating to criminal laws
Sponsor:
LR Number:
4329S.03C
Last Action:
5/11/2022 - Informal Calendar S Bills for Perfection
Journal Page:
Title:
SCS SB 850
Calendar Position:
Effective Date:
August 28, 2022

Current Bill Summary

SS/SCS/SB 850 - This act modifies provisions relating to criminal laws.

ELIGIBILITY FOR PAROLE (Section 217.690)

Under current law, a person sentenced to a term or terms of imprisonment amounting to 15 years or more when such person was under the age of 18, is eligible for parole after serving 15 years, unless such person was found guilty of murder in the first degree.

This act adds that such a person will also be ineligible for parole if he or she was found guilty of murder in the second degree.

These provisions are identical to SB 664 (2022).

WITNESSES IN CASES INVOLVING SEXUAL OFFENSES (Section 491.015)

Under current law, in prosecutions related to sexual offenses a witness's prior sexual conduct or specific instances of prior sexual conducts is inadmissible, except in certain instances.

This act provides that this evidence is inadmissible at any trial, hearing, or court proceeding and not a subject for inquiry during a deposition or during discovery, except in certain instances.

This provision is substantially similar to provisions in SCS/SBs 775, 751, & 640 (2022) and similar to SB 534 (2021).

48-HOUR HOLD WITHOUT A WARRANT (Section 544.170)

Under current law, all persons arrested and confined in any jail, without warrant or other process, for any alleged breach of the peace or other criminal offense, shall be discharged from custody within 24 hours from the time of arrest, unless they are charged with a criminal offense.

This act changes the period of detention on arrest without a warrant to 48 hours if a person is arrested for a criminal offense involving a dangerous felony or deadly weapon.

These provisions are identical to SB 766 (2022), SB 130 (2021), and SCS/SB 520 (2020).

DANGEROUS OFFENDERS (Section 558.016)

Under current law, the court may sentence a person to an extended term of imprisonment if such person is a persistent or dangerous offender. This act modifies the definition of a "dangerous offender" to include a person who has been found guilty of a dangerous felony as defined in law.

MINIMUM PRISON TERMS FOR ARMED CRIMINAL ACTION (Sections 558.019 & 571.015)

Under current law, certain offenses are excluded from minimum prison terms for offenders who also have prior felony convictions. This act repeals the exclusion of the offense of armed criminal action.

This act also modifies the minimum prison terms for the offense of armed criminal action. For a person convicted of a first offense of armed criminal action, the term of imprisonment shall be no less than 3 years. For a person convicted of a second offense of armed criminal action, the term of imprisonment shall be no less than 5 years. Additionally, this act provides that a person convicted of armed criminal action shall not be eligible for parole, probation, conditional release, or suspended imposition or execution of sentence.

SEXUAL OFFENDERS (Sections 566.149, 566.150, & 566.155)

Under current law, certain offenders shall not knowingly be present in certain areas, such as schools, public parks with playgrounds, public swimming pools, and athletic fields primarily used by children. Additionally, under current law, certain offenders can not serve as an athletic coach or trainer for a sport team if a child less than 17 years of age is a member of the team.

This act adds that any person found guilty of the offense of possession of child pornography shall not knowingly be present in such areas and shall not serve as an athletic coach.

These provisions are similar to SB 751 (2022).

OFFENSE OF PROPERTY DAMAGE IN THE FIRST DEGREE (Sections 569.010 & 569.100)

This act adds to the offense of property damage in the first degree if such person knowingly damages, modifies, or destroys a teller machine or otherwise makes it inoperable.

T his offense is a Class D felony unless committed for the purpose of executing any scheme or artifice to defraud or obtain any property, the value of which exceeds $750 or the damage to the teller machine exceeds $750, in which case it is a Class C felony. It shall be a Class B felony if committed for the purpose of obtaining the personal financial credentials of another person or if the person has committed a second or subsequent offense of damaging a teller machine.

These provisions are identical to SCS/SB 831 (2022).

OFFENSE OF STEALING (Section 570.010 & 570.030)

This act adds that the offense of stealing shall be a Class C felony if the property stolen is a teller machine or the contents of a teller machine including cash regardless of the value or amount stolen.

These provisions are identical to provisions in SCS/SB 831 (2022).

Additionally, this act provides that a person commits the offense of stealing if he or she appropriates property that is a letter, postal card, package, bag, or other sealed article that was delivered by common carrier or delivery service and not yet received by the addressee or that had been left to be collected for shipment by a common carrier or delivery service.

Such offense shall be a Class E felony.

These provisions are identical to SCS/SB 919 (2022).

OFFENSE OF UNLAWFUL POSSESSION OF FIREARMS (Section 571.070)

Under current law, unlawful possession of a firearm is a Class D felony, unless a person has been convicted of a dangerous felony then it is a Class C felony.

This act changes the penalty for the offense to a Class C felony, unless a person has been convicted of a dangerous felony or the person has a prior conviction for unlawful possession of a firearm, then it is a Class B felony.

LAW ENFORCEMENT ANIMALS (Sections 575.010, 575.353, 578.007, & 578.022)

This act creates "Max's Law."

Under current law, the offense of assault on a law enforcement animal is a Class C misdemeanor.

This act provides that the offense of assault on a law enforcement animal is a Class A misdemeanor, if the law enforcement animal is not injured to the point of requiring veterinary care or treatment; a Class E felony if the law enforcement animal is seriously injured to the point of requiring veterinary care or treatment; and a Class D felony if the assault results in the death of such animal.

Additionally, exemptions to the offenses of agroterrorism, animal neglect, and animal abuse shall not apply to the killing or injuring of a law enforcement animal while working.

Finally, this act adds that any dog that is owned by or in the service of a law enforcement agency and that bites or injures another animal or human is exempt from the penalties of the offense of animal abuse.

These provisions are identical to provisions in SB 765 (2022).

OFFENSE OF ESCAPE FROM CUSTODY (Section 575.200)

This act adds to the offense of escape from custody any person who is being held in custody after arrest for any probation or parole violation who escapes or attempts to escape from custody. This offense shall be a Class A misdemeanor unless the person was under arrest for a felony, in which case it is a Class E felony; or the offense is committed by means of a deadly weapon or holding a person hostage, in which case it is a Class A felony.

These provisions are substantially similar to SB 799 (2022).

SEXUAL ASSAULT SURVIVORS BILL OF RIGHTS (Section 595.201)

Under current law, sexual assault survivors have rights relating to how a criminal investigation regarding a sexual assault must be conducted.

This act provides that sexual assault survivors retain these rights regardless of whether a criminal investigation or prosecution results or regardless if he or she has previously waived any of these rights. A sexual assault survivor, for purposes of this act, is any person who is fourteen years of age or older and who may be a victim of a sexual offense who presents themselves to an appropriate medical provider, law enforcement officer, prosecuting attorney, or court. Under this act, a sexual assault survivor has the right to:

• Consult with an employee or volunteer of a rape crisis center;

• A sexual assault forensic examination;

• A shower and change of clothing;

• Request to be examined by an appropriate medical provider or interviewed by a law enforcement officer of the gender of the survivor's choosing, when available;

• An interpreter who can communicate in the language of the sexual assault survivor's choice, as reasonably available;

• Notification and basic overview of the options of choosing a reported evidentiary collection kit, unreported evidentiary collection kit, and anonymous evidentiary collection kit;

• Notification about the evidence tracking system;

• Notification about the right to certain information considered a closed record, such as a complete incident report; and

• Be free from intimidation, harassment, and abuse in any related criminal or civil proceeding and the right to reasonable protection from the offender.

Additionally, this act provides that a survivor must be informed of the survivor's rights by a medical provider, law enforcement officer, and a prosecuting attorney in a timely manner. A document shall be developed by the Department of Public Safety, in collaboration with certain Missouri-based stakeholders, which shall be provided to a sexual assault survivor explaining the survivor's rights. The document shall include:

• A description of the rights of the sexual assault survivor pursuant to this act; and

• Telephone and internet means for contacting a local rape crisis center.

This act repeals duplicate rights found in other provisions of current law. Additionally, this act repeals the requirement that a law enforcement officer shall upon written request provide a free, complete, and unaltered copy of all law enforcement reports concerning the sexual assault within 14 days to the survivor.

These provisions are identical to SB 640 (2022).

CLOSED RECORDS OF VICTIMS OF SEXUAL ASSAULT (Section 595.226)

Under current law, certain identifiable information of victims of domestic assault or stalking shall be closed and redacted from public record. This act adds that such identifiable information shall also include, but shall not be limited to, the victim's personal email address, birth date, health status, or any information from a forensic testing report.

This act also repeals provisions relating to when a court may disclose such identifying information of a victim and provides that any person who is requesting identifying information of a victim and who has a legitimate interest in obtaining such information, may petition the court for an in camera inspection of the records. If the court determines the person is entitled to all or any part of such records, the court may order production and disclosure of the records, but only if the court determines that the disclosure to the person or entity would not compromise the welfare or safety of the victim.

MARY GRACE PRINGLE