House Committee Substitute

SPECIAL PROSECUTORS (Section 56.601)

This act provides that if the Governor determines that a threat to public safety and health exists in a jurisdiction that has a certain number of homicide cases as provided in the act, he or she may appoint a special prosecutor for that jurisdiction for a period of up to 5 years. The special prosecutor is not required to reside in the jurisdiction to which he or she was appointed.

Such special prosecutor shall have exclusive jurisdiction to initiate prosecutions for the offenses of murder in the first and second degree, assault in the first and second degree, robbery in the first or second degree, and vehicle hijacking. The special prosecutor shall also have exclusive jurisdiction over all other charges stemming from the same criminal event as the initial offense.

This act also provides that such special prosecutor shall have the same salary as a circuit court judge and has the authority to hire additional special prosecuting attorneys and staff which shall be funded by General Revenue.

Finally, the Governor may continue to appoint such special prosecutor for additional 5 year terms, as provided in the act.

This provision contains an emergency clause.

This provision is identical to a provision in the perfected HCS/HB 301 (2023) and similar to SB 575 (2023).

JUVENILE COURT (Section 211.031)

This act provides that if the juvenile court finds that a child has engaged in conduct that would constitute a felony if committed by an adult, the court may retain jurisdiction over the child for the purpose of depriving the child of access to a firearm.

BACK THE BLUE LICENSE PLATES (Section 301.3175)

This act provides that nonapportioned motor vehicles may be issued "Back the Blue" license plates by the Department of Revenue.

This provision is identical to a provision in the perfected HCS/HB 301 (2023).

BAIL (Section 544.453)

When a judge or judicial officer sets bail or conditions of release in all courts in Missouri for any offense charged, he or she shall consider whether:

• A defendant poses a danger to a victim of crime, the community, any witness to the crime, or to any other person;

• A defendant is a flight risk;

• A defendant has committed a violent misdemeanor offense, sexual offense, or felony offense in this state or any other state in the last 5 years; and

• A defendant has failed to appear in court as a required condition of probation or parole for a violent misdemeanor or felony within the last 3 years.

These provisions are identical to provisions in the perfected HCS/HB 301 (2023) and HCS/HBs 994, 52 & 984 (2023), HB 52 (2023), SB 1093 (2023), SCS/HB 2088, et al (2022), SCS/HB 2697, et al (2022), and HCS/HB 2246 (2022) and similar to SB 888 (2022) and SB 487 (2021).

MINIMUM PRISON TERMS (Sections 558.019 & 558.043)

This act repeals provisions relating to certain offenses which have mandatory prison terms and provides that all classes of felonies shall have minimum prison terms except those felony offenses relating to controlled substances.

Additionally, this act repeals provisions relating to offenders who were convicted of certain felony offenses prior to August 28, 2019, who were no longer subject to minimum prison terms.

This act also provides that when sentencing a person who is convicted of an offense with a statutory minimum sentence, the court may depart from such mandatory minimum sentence if the offense did not:

Include the use or attempted use of serious physical force or result in serious physical injury;

• Involve any sexual offense against a minor; or

• Include brandishing or discharging of a firearm.

These provisions are identical to provisions in the perfected HCS/HB 301 (2023).

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.

This 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.

This provision is identical to SCS/SB 831 (2022).

UNLAWFULLY ENTERING INTO A MOTOR VEHICLE (Sections 569.170 & 569.175)

This act modifies the offense of burglary in the second degree by adding a person commits such offense if he or she enters unlawfully into a motor vehicle with intent to commit any felony or theft. This offense shall be a Class C felony.

Additionally, this act creates the offense of unlawfully gaining entry into motor vehicles if a person lifts the door handles or otherwise tries the doors of successive motor vehicles to gain entry. This offense shall be a Class E felony.

These provisions are identical provisions in HS/HCS/HBs 1108 & 1181 (2023) and substantially similar to provisions in SB 97 (2023), HB 1582 (2022), and SCS/HB 2697, et al (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.

This provision is identical to SCS/SB 831 (2022).

ARMED CRIMINAL ACTION (Section 571.015)

This act 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 probation, conditional release, or suspended imposition or execution of sentence; however, the person shall be eligible for parole.

This provision is identical to a provision in SCS/SB 502 (2023).

FIREARMS IN SCHOOLS (Section 571.030)

This act provides that a person who is a school officer commissioned by the school board does not commit the offense of unlawful use of weapons when he or she brings a firearm into a school or on a school bus.

This provision is identical to a provision in HS/HCS/HBs 1108 & 1181 (2023) and SCS/HCS/HB 301 (2023).

BLAIR'S LAW (Section 571.031)

This act establishes "Blair's Law" which specifies that a person commits the offense of unlawful discharge of a firearm if, with criminal negligence, he or she discharges a firearm within or into the limits of a municipality. Any such person shall be guilty of a class A misdemeanor for the first offense, a class E felony for the second offense, and a class D felony for any third or subsequent offenses. These provisions will not apply if the firearm is discharged under circumstances as provided in the act.

This provision is identical to SB 343 (2023) and to provisions in SCS/HCS/HB 301 (2023), HS/HCS/HBs 1108 & 1181 (2023), SCS/HB 2088, et al (2022), SCS/HB 2697, et al (2022), HB 1637 (2022), HB 1462 (2022), HB 1865 (2022), and HB 1893 (2020) and substantially similar to provisions in the perfected SS/SCS/SBs 189, et al (2023).

OFFENSE OF UNLAWFUL POSSESSION OF FIREARMS (Section 571.070)

This act provides that a person commits the offense of unlawful possession of a firearm if the person is in possession of a firearm and was adjudicated delinquent for an offense that would be a felony if committed by an adult.

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.

This provision is substantially similar to a provision in the perfected SS/SCS/SBs 189, et al (2023) and SCS/SB 502 (2023).

OFFENSE OF TAMPERING WITH A JUDICIAL OFFICER (Section 575.095)

This act provides that a person commits the offense of tampering with a judicial officer if the person disseminates through any means the judicial officer's personal information as provided in the act. Additionally, this act provides a judicial officer shall include a judge or commissioner of state or federal court. If a judicial officer or a member of his or her family is juried or dies, the offense is a class B felony.

This provision is identical to a provision in the SCS/HCS/HB 301 (2023).

OFFENSE OF UNLAWFUL DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION (Section 578.710)

This act provides that a person commits the offense of unlawful disclosure of personally identifiable information if he or she knowingly releases or publicly discloses the name, home address, Social Security number, telephone number, or other personal information of an elected officer or his or her family members with the purpose to harass or cause death or bodily injury. This offense shall be a class A misdemeanor, unless done to influence the performance of an elected official, then it is a class D felony.

This provision is identical to a provision in the perfected HCS/HB 301 (2023).

OFFENSE OF DELIVERY OF A CONTROLLED SUBSTANCE (Sections 579.021 & 579.022)

This act creates the offenses of delivery of a controlled substance causing serious physical injury which shall be a class C felony. This act also creates the offense of delivery of a controlled substance causing death which shall be a class A felony.

These provisions are identical to provision in HS/HCS/HBs 1108 & 1181 (2023).

PEACE OFFICER TUITION REIMBURSEMENT (Sections 590.1070 &590.1075)

This act establishes the "Peace Officer Basic Training Tuition Reimbursement Program" within the Department of Public Safety.

This program shall provide reimbursement for qualifying Missouri residents or government entities who have paid tuition at a state licensed training center required for peace officer licensure. The POST Commission shall be responsible for the implementation of this program as provided in the act. Tuition reimbursement shall be subject to the availability of funds and shall be available to certain full-time peace officers as provided in the act.

Finally, this act establishes the "Peace Officer Basic Training Tuition Reimbursement Fund" which shall consist of money appropriated by the General Assembly and any gifts or donations.

These provisions are identical to provisions in SCS/HCS/HB 301 (2023) and to SB 141 (2023), SB 786 (2022), HB 295 (2021), and HCS/HB 1703 (2022).

MARY GRACE PRINGLE