SCS/HS/HCS/HBs 283, 286, 325, 370, 551, 36, 42, 73, 111, 341, 619, 62 & 579 - This act contains the following provisions:

CIGARETTE TAX - The act also clarifies the definition of a cigarette and package of cigarettes for cigarette tax laws. No tax stamp may be affixed to any package of cigarettes unless certain federal requirements are met, and no stamp shall be affixed to any package is labeled as not intended for sale inside the United States or has a label that has been altered. Violation is a Class D felony. The Department of Revenue may revoke a wholesale license of a person in violation of these provisions, and may seize the items involved. A violation is deemed a deceptive act or practice (149.011 & 149.071).

SENTENCING PROVISIONS - The act eliminates a current provision allowing a defendant to receive a reduction in the punishment for an offense when the punishment is reduced by a statute enacted after the offense was committed but before the defendant is sentenced (1.160). This portion of the act is identical to a provision in HCS/HB 850 & 851.

The act removes the ability of the Board of Probation and Parole to convert consecutive sentences imposed simultaneously for crimes involved in a common scheme or plan to concurrent sentences, after a hearing with notice to the prosecuting attorney (558.019).

The Sentencing Commission shall study use of sentences until July 1, 1998, but the act extends the time to file the final report to January 31, 2000 (558.019).

A court does not have authority to grant probation for any Class A felony within 120 days after the defendant is delivered to the custody of the Department of Corrections (559.115).

The act revises various capital murder provisions. If a defendant in a capital murder case waives a jury during the guilt phase, he may not be sentenced to death. Any defendant who waives a jury during the guilt phase may not receive a jury trial regarding punishment, unless the state agrees. Any defendant who receives a jury trial on guilt may not waive a jury trial regarding punishment (565.006, 565.020, 565.030). Mentally retarded individuals may not receive the death sentence (565.020). The act adds murder of a child age 16 or less an aggravating factor (565.032).

Involuntary manslaughter due to criminal negligence in operating a motor vehicle while intoxicated is a Class B felony (currently a Class C felony)(565.024).

No person guilty of assault in the first, second or third degree shall receive a suspended imposition or execution of sentence, probation or a fine in lieu of imprisonment, if the assault was on a mass transit worker or passenger of a bus or light rail system (565.050, 565.060).

SEX CRIMES - The Department of Health shall pay for the cost of medical examinations of suspects in investigations of rape and other sexual offenses, and offenses involving children, if the examination is requested by the victim, law enforcement or the prosecuting attorney and the suspect consents to or a court orders the examination. The examination report shall be sent to the prosecuting attorney. Hospitals are immune from liability for testing and reporting done in good faith (191.225).

The act expands the definition of "deviate sexual intercourse" to include an act involving the hand of one person and the genitals of another person (566.010). This portion of the act is similar to HB 850.

The act creates the crime of indecent solicitation, for any person 17 or over who knowingly solicits a minor less than 14 or a person to arrange an act with a minor less than 14, to engage in sexual intercourse, deviate sexual intercourse, sexual contact, sexual performance or sexual conduct. "Solicits" includes any oral or written communication (566.105).

CONTROLLED SUBSTANCES - The act adds gamma hydroxybutyrate to the list of Schedule II controlled substances (195.017).

Distribution of a controlled substance within 2000 feet of a child care and health care facility shall be a Class A felony. Currently, the criminal statute does not include such facilities (195.215).

CRIMINAL PROCEDURE - Courts of general jurisdiction may simultaneously suspend the imposition of the adult sentence and impose a juvenile disposition when the defendant is less than seventeen (211.073). This portion of the act is similar to provisions contained in SB 264.

Intelligence data of children contained in files of law enforcement agencies may be recorded by computer and stored with that of adults. Access to the records is restricted to law enforcement, and confidential information shall retain that status in any state in which the information is exchanged. The information may be exchanged by law enforcement entities when pertinent and necessary (211.321).

The act requires issuance of a summons when an information or indictment charges the defendant with a misdemeanor. The court shall issue a warrant when reasonable grounds exist to believe the defendant will flee (544.020).

The act lengthens the amount of time a suspect may be held without warrant on a felony charge, from 20 to 48 hours. A person may be held for 20 hours without a warrant on a misdemeanor charge, in which case no right to counsel exists (544.170).

The act revises the definition of "secure facility" for the purposes of acquittal and resulting commitment based on mental disease and defect, so that a facility director is not allowed discretion to determine if the committed person may leave the facility (552.040).

Victims shall have the right to be present at all proceedings, regardless of their status as a witness (595.209).

The act allows expungement of arrest records if the subject has not received any prior or subsequent suspended imposition of sentence and there are no pending investigations regarding the arrest, or if no criminal charges have been filed within ten years of the arrest (610.122).

A victim of any crime involving actions done purposely or knowingly may receive a hearing regarding restitution (Section 1). The Board of Probation and Parole may require restitution to be paid as a condition of parole, which shall be paid to the court for the benefit of the victim (Section 2).

Any evidence obtained as a result of a custodial interrogation of a mentally retarded individual shall be excluded from trial, unless the person's attorney was present. Reasonable efforts to notify the person's parent or guardian must be made prior to interrogation (Section 4).

The act allows a court to close a person's criminal and juvenile records under certain conditions (Sections 25 - 30).

The act deletes a provision allowing a sentencing court to reduce any term for a nonviolent crime if the court determines the crime involved alcohol or illegal drugs and the person has successfully completed a detoxification and rehabilitation program and is not a repeat offender (588.046).

CORRECTIONS - No private person or business shall operate a correctional facility or jail. Facilities already in operation on August 28, 1999, and the Division of Youth Services are exempt. These provisions sunset December 31, 2004 (221.232).

The commission of any regional jail district may impose a sales tax upon voter approval, for the purpose of providing jail services, court facilities and equipment (211.407).

The act clarifies a provision requiring the Department of Corrections to pay an annual per diem to full-time prosecutors who have correctional facilities located in their counties (56.066).

VARIOUS CRIMES - The act revises the definition of "value" for stealing crimes, to reflect the price of an item stolen from a merchant (570.020).

Receiving stolen property is a Class A misdemeanor for property worth at least $250 and less than $750; and a Class D felony for property worth $750 or more, or if the property was a firearm (570.080).

A person commits the crime of stealing by using or altering a retail sales receipt with the intent to defraud a retailer. Theft of, or any attempt to steal, any amount of anhydrous ammonia with a value of less than $750 is a Class D felony, and a Class C felony if the value is $750 or more (570.030).

The act raises the administrative costs a prosecutor may charge for handling a bad check case to $25, and an additional fee of 10% of the face amount for checks of $100 or more, up to $50 maximum charge. A prosecutor shall also collect a reasonable service charge which shall be returned to the victim. Any financial institution may assess a service charge not to exceed $30 for each bad check that it does not refer to a prosecutor, in addition to the actual charge by the institution (570.120).

A person commits the crime of unlawful use of a weapon if he knowingly carries a firearm or any weapon readily capable of lethal use into a school or school bus, in which case the penalty is increased to a Class C felony (571.030).

A county may enact an ordinance prohibiting the employment at an adult cabaret of a person with a criminal history involving prostitution, drug trafficking or possession, money laundering, tax evasion, or illegal gambling activity (573.504).

The crime of tampering with a public record shall include any civil officer who knowingly fails to deliver all records to his successor, and any private person who possesses records belonging to any public office and fails to deliver them to the officer entitled to possession (575.110).

No person shall knowingly leave the scene of an accident caused by that person where serious physical injury or death results, without giving pertinent information to a law enforcement officer or emergency personnel. Violation is a Class A misdemeanor; any subsequent violation is a Class D felony (577.069).

The act creates the crime of eluding a law enforcement official by use of a motor vehicle, which shall be a Class A misdemeanor. If serious physical injury results, the offense is a Class D felony (Section 3).

The act creates the crime of knowingly making a false statement regarding another person for the purpose of fraudulently procuring a credit or debit card, which shall be a Class A misdemeanor (Section 5).

A person commits the offense of financial exploitation of an elderly or disabled person if the person stands in a position of trust and knowingly or by deception or intimidation obtains control over the victim's property with the intent to permanently deprive the person of the use or benefit of the property. Violation is a Class A misdemeanor if the value is less than $250, and a Class D felony is the value if $250 or more (Section 6).

Knowingly and unlawfully entering another's motor vehicle for the purpose of committing a crime shall be Class D felony (Section 31).

The act deletes a redundant section prohibiting possession of ephedrine or pseudoephedrine (195.246).

REGISTRATION OF OFFENDERS - The act expands the registration of offenders provisions to include persons guilty of distribution or trafficking of drugs (589.400).

MOTOR VEHICLES - Only drivers under the age of 21 are required to wear protective headgear while operating a motorcycle. Operating any vehicle or motorcycle without a valid license is a Class A misdemeanor; the third and any subsequent offense is a Class D felony (302.020). The act imposes increasing points for operating a vehicle or motorcycle without a valid license. Eluding a law enforcement officer by use of a motor vehicle shall result in 12 points assessed (302.302).

Applicants for a driver's license must be at least 18 years of age. Persons between 15 and one-half and 18 years of age may apply for a new intermediate license, which restricts the hours of operation. Applicants for temporary permits must have the written consent of a parent or guardian, who, as of January 1, 2001, shall be obligated to provide a minimum of 24 hours of driving instruction. The act lowers the age for eligibility for driver's instruction programs from 15 to 14 years of age (302.060, 302.130, 302.172, 302.176). No person shall allow a child or ward less than 14 to operate a vehicle (302.250).

The act allows the Director of Revenue to issue a commercial as well as noncommercial driver's license without a social security number if the applicant objects (302.181). Limited driving privileges shall not be available more than one every five years for a person convicted of an alcohol-related driving offense (302.309).

Two or more violations of driving while revoked within five years shall be a Class D felony (302.321). This portion of the bill is similar to SB 164.

BAIL BONDSMAN - The act creates a mandatory licensing procedure for private investigators and a governing board of examiners, as well as a mandatory licensing procedure for bail bond agents and surety recovery agents (Sections 7 - 24, 374.695 - 374.789). These portions of the bill are similar to SB 419.

CRIME VICTIM'S COMPENSATION - The act adds health insurance programs as a source of revenue that will reduce compensation paid by the Crime Victim's Compensation Fund, and adds life insurance benefits as a source of revenue that shall not reduce the same compensation (595.035).

The act contains an emergency clause for all provisions except those involving stealing (570.030) and the per diem owed to prosecutors by the Department of Corrections (56.066).
JOAN GUMMELS