SB 0328 Creates crime of identity theft and other crimes
LR Number:S0566.04T Fiscal Note:0566-04
Committee:Civil and Criminal Jurisprudence
Last Action:07/01/99 - Signed by Governor Journal page:
Title:SCS SBs 328, 87, 100 & 55
Effective Date:August 28, 1999
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Current Bill Summary

SCS/SB 328, 87, 100 & 55 - This act repeals current provisions regarding the crimes of ethnic intimidation, first and second degree, and replaces them with enhanced sentencing provisions which carry the same penalties. If certain listed crimes are motivated by race, color, religion, national origin, sex, sexual orientation or disability, the punishment is increased to either a Class D or Class C felony. The court shall assess punishment if the state proves any of the motivating factors. The act defines sexual orientation and disability. This portion of the bill is similar to SB 328 as introduced.

The act creates the crime of involuntary manslaughter in the second degree. A person commits the crime of involuntary manslaughter in the second degree if he acts with criminal negligence to cause the death of another person. The crime is a Class D felony. This portion of the bill is identical to SB 55 as introduced.

This act also establishes the crime of leaving the scene of a shooting without notifying law enforcement. A person commits this crime if he: 1) discharges a firearm or projectile weapon, as defined in Section 571.010, RSMo; 2) causes injury or death to another; and 3) leaves the place of the shooting without giving identifying information to a police officer. A person may leave the scene of a shooting to obtain medical assistance or contact a police officer so long as he returns to the scene. Conservation agents are authorized to investigate hunting related shootings under this act. Leaving the scene of a shooting is a Class A misdemeanor for a first offense and a Class D felony for a second and subsequent offense. A Class A misdemeanor carries a sentence of up to one year while a Class D felony is punishable by a term not exceeding five years. This portion of the bill is identical to SB 87 as introduced, and is also contained in the final version of SB 335.

This act creates the crime of identity theft. The crime is punishable by up to six months in jail for the first offense; up to one year for the second offense; and one to five years for the third or subsequent offense. The court may also impose a fine to cover restitution to the victim. These provisions are identical to SB 100 as introduced.

The act also removes the provision that allows a circuit court to modify the decision of the Conservation Commission disciplining a hunting licensee for inflicting injury with a firearm or other weapon on another person while hunting.

The act also creates a crime of fraudulent use of a debit device. A debit device is defined as a card, code, number or device that initiates an electronic transfer. The term includes fraudulent use of an electronic transfer of benefits to recipients of public assistance. The crime is punishable as a Class A misdemeanor, unless the value of property or services misappropriated within a 30 day period equals $150, which increases to a Class D felony. This portion of the bill is identical to SB 522.