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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). 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. 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 575.101, 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). MARY GRACE PRINGLE
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