SCS/SB 502 - This act modifies provisions relating to criminal laws.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, vehicle hijacking, and armed criminal action and offenses against law enforcement officers. The special prosecutor shall also have exclusive jurisdiction over all other charges stemming from the same criminal event as the initial offense and the circuit or prosecuting attorney shall withdraw from any such case the special prosecutor has exclusive jurisdiction.
This act also provides that such special prosecutor shall have the same salary as an associate circuit 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 is substantially similar to provisions in SS/SCS/HCS/HB 301 (2023) and similar to SB 575 (2023).
JUVENILE RISK AND NEEDS ASSESSMENTS (Section 211.141)
This act provides that when a juvenile officer makes a risk and needs assessment of a child, he or she shall use a cumulative total of points assessed for all alleged offenses committed to determine whether or not the court shall order the child to be detained.
OFFENSES AGAINST PUBLIC ORDER (Sections 556.061, 558.019, 574.010, 574.040, 574.050, 574.060, & 574.070)
This act adds the offense of rioting to the definition of "dangerous felonies" in the criminal code.
This act also adds the offenses of unlawful assembly, rioting, and refusal to disperse as offenses subject to certain minimum prison terms as provided in current law.
Additionally, this act changes the penalty for the offense of peace disturbance from a class B misdemeanor to a class A misdemeanor for the first offense, and from a class A misdemeanor to a class E felony for subsequent offenses.
This act changes the penalty for the offense of unlawful assembly from a class B misdemeanor to a class A misdemeanor. This act also modifies the offense of rioting to provide that a person commits the offense if a person knowingly assembles with six or more people and violates any criminal laws. This offense shall be a class D felony, rather than a class A misdemeanor, for the first offense and a class C felony for subsequent offenses.
Finally, this act changes the penalty for the offense of refusal to disperse from a class C misdemeanor to a class A misdemeanor and changes the penalty for the offense of promoting civil disorder from a class D felony to a class C felony.
These provisions are identical to SB 684 (2023).
PERSISTENT 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 offender. This act adds that a "persistent offender" shall also include a person who has been found guilty of a dangerous felony as defined in law.
This provisions is identical to a provision in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and to a provision in SS/SCS/HCS/HB 301 (2023).
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 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 the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023).
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.
This provision is identical to a provision in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and substantially similar to SB 850 (2022).
MARY GRACE PRINGLE