SB 754
Modifies provisions relating to public safety
Sponsor:
LR Number:
3102S.07P
Last Action:
3/28/2024 - Referred H Judiciary
Journal Page:
Title:
SS#2 SCS SBs 754, 746, 788, 765, 841, 887 & 861
Effective Date:
August 28, 2024

Current Bill Summary

SS#2/SCS/SBs 754, 746, 788, 765, 841, 887 & 861 - This act modifies provisions relating to public safety.

JURISDICTION OF JUVENILE COURTS (Section 211.031)

Under current law, the juvenile court shall have exclusive original jurisdiction in proceedings involving a juvenile who violated a state law and jurisdiction in those cases may be taken by the court of the circuit in which the child resides or in which the violation is alleged to have occurred.

This act provides that any proceeding involving a child who is alleged to have violated state law shall be brought in the court of the circuit in which the violation occurred, except if a juvenile officer transfers the case or the court grants a motion to transfer the case to the circuit court in which the child resides.

These provisions are identical to provisions in SCS/SB 1115 (2024), the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), and SCS/SBs 406 & 423 (2023).

CERTIFICATION OF JUVENILES FOR TRIAL AS ADULTS (Section 211.071, 211.600, & 217.345)

Under current law, a child between the ages of 12 and 18 may be certified for trial as an adult for a certain felony offenses. This act changes the ages to between 14 and 18 years old.

Additionally, under current law, a court shall order a hearing to determine whether a child should be certified for trial as an adult for certain offenses. This act adds that a child between 12 and 18 years old shall have a certification hearing for certain offenses. This act also adds dangerous felonies and any felony involving a deadly weapon to such offenses.

This act provides that the Office of State Courts Administrator shall collect certain information as provided in the act relating to petitions to certify juveniles as adults.

Finally, this act modifies provisions relating to correctional treatment programs for offenders 18 years of age or younger. Such programs shall include physical separation from offenders younger than 18 years of age and shall include education programs that award high school diplomas or its equivalent.

These provisions are substantially similar to provisions in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), the perfected SS#3/SB 22 (2023) and substantially similar to provisions in SCS/SBs 406 & 423 (2023) and similar to SB 887 (2024) and HCS/HB 12 (2020).

ELIGIBILITY FOR PAROLE FOR JUVENILES (Section 217.690)

Under current law, when a person under the age of 18 is sentenced to a term or terms of imprisonment amounting to 15 years or more, that person 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 when such person knowingly causes the death of another person.

These provisions are identical to SB 746 (2024) and to provisions in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), and the perfected SS#3/SB 22 (2023) and substantially similar to provisions in SB 644 (2022), SCS/HB 2088, et al (2022), SCS/HB 2697, et al (2022), and SS/SCS/SB 850 (2022).

ARRESTS FOR TRAFFIC VIOLATIONS (Sections 307.018 and 556.021)

This act provides that no court shall issue a warrant of arrest for a person's failure to respond, pay the fine assessed, or appear in court with respect to a traffic violation issued for an infraction. In lieu of the warrant, the court shall issue a notice of failure to respond, pay the fine assessed, or appear, and the court shall schedule a second court date for the person to respond, pay the fine assessed, or appear. If the driver fails to respond to the second notice or the pay the fine, the court may issue a default judgment for the infraction. The driver may appear in court after a default judgment to show proof the fine was paid.

This provision is identical to a provision in SCS/SB 1115 (2024) and the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and similar to a provision in HCS/SS/SCS/SB 72 (2023), HCS/SS#3/SB 22 (2023), HB 305 (2023), and HS/HCS/HBs 1108 & 1181 (2023).

MOTION TO VACATE OR SET ASIDE THE JUDGMENT (Section 547.031)

Under current law, a prosecuting attorney may file a motion to vacate or set aside the judgment in the jurisdiction in which the person was convicted. This act changes this provision to the jurisdiction in which charges were filed.

This provision is identical to a provision in SCS/SB 1115 (2024), the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), and SS/SCS/HCS/HB 301 (2023).

CONVICTION REVIEW UNIT (Section 547.500)

Under this act, the Missouri Office of Prosecution Services may establish a conviction review unit to investigate claims of actual innocence of any defendant, including those who plead guilty.

The Missouri Office of Prosecution Services shall create an application process for defendants as provided in the act. The conviction review unit shall consist of two attorneys hired by the executive director of the Missouri Office of Prosecution Services, an investigator, paralegal, and other administrative staff. The Director shall be an ex officio member of the unit.

Once the review is complete, the conviction review unit shall present its findings either to the prosecuting attorney who prosecuted the case or, if the review was requested by the Attorney General, special prosecutor, or other prosecuting attorney's office, to the office who requested the review. Such prosecuting attorney's office is not required to accept or follow the findings and recommendations of the conviction review unit.

Any document produced by the conviction review unit shall be a closed record until after the finality of all proceedings.

Finally, any prosecuting or circuit attorney may also file a motion to vacate or set aside the judgment while a conviction review unit is completing a review pursuant to this act.

This provision is substantially similar to SB 765 (2024), to a provision in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), SCS/HS/HCS/HBs 1108 & 1181, et al (2023), and HCS/SS#3/SB 22 (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 SCS/SB 1115 (2024), the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), SCS/SB 502 (2023), and 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 SCS/SB 1115 (2024), the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), and SCS/SB 502 (2023).

CYBER CRIMES TASK FORCE (Section 565.258)

This act creates the "Stop Cyberstalking and Harassment Task Force" with membership as provided in the act. The Task Force shall elect a chairperson and shall hold an initial meeting before October 1, 2024.

The Task Force shall collect feedback from stakeholders, which may include victims, law enforcement, victim advocates, and digital evidence and forensics experts. The Task Force shall make recommendations on what resources and tools are needed to stop cyberstalking and harassment, as provided in the act.

The Task Force shall submit a report to the Governor and General Assembly on or before December 31 of each year and the Task Force shall expire on December 31, 2026, unless the Department of Public Safety determines the Task Force should be extended until December 31, 2028.

This provision is identical to SB 1070 (2024) and to provisions in SCS/SB 1115 (2024), the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), and SB 660 (2023).

OFFENSE OF ENDANGERING THE WELFARE OF A CHILD (Section 568.045)

This act adds to the offense of endangering the welfare of a child in the first degree that any person who knowingly encourages or aids a child less than 17 to engage in any conduct violating law relating to firearms shall be guilty of a class D felony.

This provision is identical to provisions in SCS/SB 1115 (2024), the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), SB 405 (2023), and HB 11 (2020).

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 he or she recklessly 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 substantially similar to SB 788 (2024), SB 343 (2023), and to provisions in the truly agreed to and finally passed SS/SCS/SBs 189, et al (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).

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 SCS/SB 1115 (2024), the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), and SCS/SB 502 (2023) and substantially similar to SB 850 (2022).

MAX'S LAW (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.

This act is identical to provisions in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), SCS/HB 2697, et al (2022), SCS/HB 2088, et al (2022), SS/SCS/SB 850 (2022), and SB 765 (2022).

VALENTINE'S LAW (Section 575.151)

This act establishes "Valentine's Law" which creates the offense of aggravated fleeing a stop or detention of a motor vehicle if the person knows that a law enforcement officer is attempting to detain the vehicle and the person flees at a high speed which creates a substantial risk of serious physical injury or death or actually causes physical injury or death to another person. This shall be a class D felony if the person creates a substantial risk of injury, a class B felony is the person causes physical injury, and a class A felony if the person causes death of another.

Additionally, a person is presumed to be fleeing a vehicle stop if he or she has seen or heard or reasonably should have seen or heard emergency lights or sounds. It shall not be a defense that the law enforcement officer was acting unlawfully in making the arrest.

This act is identical to SCS/SB 901 & 820 (2024) and similar to provisions in HB 301 (2023) and SB 345 (2021).

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 provisions in SCS/SB 1115 (2024), the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), and HS/HCS/HBs 1108 & 1181 (2023).

DRUG TRAFFICKING (Sections 579.065 & 579.068)

Additionally, under current law, a person commits the offense of drug trafficking in the first or second degree if he or she is distributing or purchasing more than 8 grams or more than 24 grams of a mixture containing a cocaine base.

This act repeals those provisions.

These provisions are identical to provisions in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), HCS/HB 1133 (2023), and SB 705 (2023).

CRITICAL INCIDENT STRESS MANAGEMENT PROGRAM (Section 590.192)

This act adds 911 dispatchers, paramedics, emergency medical technicians, or volunteer or full-time paid firefighters as eligible first responder personnel to receive services from the Critical Incident Stress Management Program of the Department of Public Safety.

This provision is substantially similar to SB 760 (2024), SB 121 (2023) and a provision in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and HCS/SS/SCS/SBs 119 & 120 (2023).

CIVILIAN REVIEW BOARDS (Section 590.653)

This act provides that civilian review boards established by political subdivisions shall solely be limited to reviewing, investigating, making findings and recommending disciplinary action against law enforcement officers.

This provision is identical to SB 800 (2024) and a provision in SCS/SB 1115 (2024) and the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and similar to a provision in SCS/HCS/HBs 640 & 729 (2023).

PUBLIC DEFENDER FUND (Section 600.042)

Under current law, any funds available from government grants, private gifts, donations, bequests, or other sources made to the Office of the Public Defender are deposited in the general revenue fund of the state.

This act creates the "Public Defender - Federal and Other Fund" in the state treasury and provides that funding from any government grants, private gifts, donations, bequests, or other sources shall be deposited into such fund.

These provisions are identical to SB 841 (2024) and to provisions in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2024), SS/SB 245 (2023), SS/SB 265 (2023), SB 1039 (2022), provisions in SCS/HB 2088, et al (2022), and HB 2370 (2022).

EXPUNGEMENT OF CRIMINAL RECORDS (Section 610.140)

This act modifies provisions relating to the number of crimes a person may apply to have expunged from his or her record.

Under current law, certain offenses, violations, and infractions are not eligible for expungement. This act adds that the offenses, or successor offenses, of sexual conduct with a nursing facility resident in the second degree, use of a child in sexual performance, promoting a sexual performance of a child, or cross burning shall not be eligible for expungement.

This act repeals the provision that a court can make a determination at the hearing based solely on a victim's testimony and adds that a court may find that the continuing impact of the offense upon the victim rebuts the presumption that expungement is warranted.

This act also changes the time a person can petition to expunge an arrest record for an eligible crime from three years after the date of the arrest to 18 months from the date of the arrest.

This act provides that a person shall be fully restored to the status he or she occupied prior to the arrests, pleas, trials, or convictions expunged. Additionally, this act modifies provisions allowing a person to answer "no" to an employer's inquiry about any arrests, charges, or convictions of a crime.

Finally, these provisions shall become effective on January 1, 2025.

These provisions are similar to SB 861 (2024), to provisions in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), SB 687 (2022), SCS/SB 61 (2021), SB 519 (2020), and SB 952 (2020).

MARY GRACE PRINGLE