|SB 0335||Revises sentencing provisions, creates new crimes and makes numerous other changes|
|LR Number:||S0643.25T||Fiscal Note:||0643-25|
|Committee:||Civil and Criminal Jurisprudence|
|Last Action:||07/13/99 - Vetoed by Governor||Journal page:|
|Title:||CCS HS HCS SS SCS SB 335|
|Effective Date:||August 28, 1999|
CCS/HS/HCS/SS/SCS/SB 335 - This act revises numerous sentencing provisions. The act authorizes courts to consider the Sentencing Commission guidelines. Presentence investigations shall include the recommended sentence established by the Sentencing Commission, a description of the impact of the crime upon the victim, and available alternatives to incarceration, including opportunities for restorative justice. The maximum penalty for a Class D felony is reduced from five to four years; the maximum penalty for a Class C felony is increased from seven to eight years.
In all cases involving violations of Chapter 195, RSMo, pertaining to the regulation of drugs, the court has discretion to deviate from recommended guidelines, but shall enter written findings for any deviation for statistical purposes only. The findings shall be sent to the Sentencing Commission and made part of the offender's probation and parole record. Failure to enter written findings in these cases, when the sentence ordered is in excess of the guidelines, authorizes but does not require the Board to adjust parole eligibility to bring it into compliance with the guidelines. If the court suspends the imposition or execution of any sentence, the court may consider various restorative justice methods, such as restitution, community service, work release programs on donation to a law enforcement fund. Submission to detention shall be a condition of probation, instituted by order of court or at the discretion of the board of probation or parole. The crimes of pharmacy robbery in the first degree and pharmacy robbery in the second degree are repealed.
The act allows persons convicted of statutory rape in the first degree and statutory sodomy in the first degree, who have no prior convictions for either crime, to be eligible for assessment by the sexual offender treatment unit of the Department of Corrections.
The independent audit required of law enforcement agencies involved in federal forfeitures shall be provided to the Department of Public Safety, as well as to the governing body of the agency. The Department shall not issue funds to any law enforcement agency that fails to comply.
The act modifies provisions relating to the registration of sex offenders. The Department of Public Safety shall list information on its Internet web site regarding persons who required to register as sex offenders who have pled guilty to or been convicted of their third sexual offense and have demonstrated predatory sexual behavior. The listing shall expire after 20 years if the person has not pled guilty to or been found guilty of any other sexual offenses. The act also revises registration requirements to include offenders from other states attending school in Missouri and military offenders living within the state, and mandates registration for certain crimes when the victim is less than 18 years of age. This portion of the bill is similar to provisions in HB 428, HB 778, and HB 106.
The act requires the Department of Corrections to prohibit use of tobacco products in prisons by July 1, 2000.
The act requires that persons must be 21 years of age to dance in cabarets. Violation is a Class A misdemeanor. It is also a Class A misdemeanor in certain counties to violate an ordinance requiring a background check for employees of cabarets.
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 four years. This portion of the bill is identical to SB 87 as introduced, and is also contained in the truly agreed to version of SB 328.
This act specifically exempts certain individuals from any criminal penalty for carrying a concealed firearm. The following individuals are authorized to carry a concealed firearm: an off-duty peace officer; a peace officer outside his jurisdiction; a former peace officer; a former judge; or a current or former prosecutor. A judge or prosecutor shall take at least eight hours of firearms training in order to carry a concealed firearm. The act is similar to SB 896 (1998).
This act regulates certain telemarketing and marketing
practices. It requires a telemarketer to provide certain
identifying information specified in the act when contacting a
consumer. The act prohibits certain practices, including
requesting a fee to remove derogatory information from a person's
credit history or record, knowingly calling persons who have
previously stated that they do not want to receive telemarketing
calls from that seller and misrepresenting material aspects about
the merchandise being offered for sale. The act prohibits
abusive conduct by telemarketers, such as the use of obscene
language or intimidation. The act allows a consumer to give
certain forms of written or oral authorization for payment from a
consumer's checking or savings account. Telemarketers shall
maintain certain records for 24 months. Consumers who have
suffered a loss or harm due to violations of this act may recover
actual and punitive damages, attorney's fees and court costs.
Certain types of calls are exempted from the requirements of the
act. Penalties and remedies are consistent with those of Chapter
407 regarding merchandising practices. In addition, the act
exempts state-regulated credit unions from certain restrictions
on merchandising practices. This portion of the bill is similar
to SCS/HCS/HB 192 & 945.