HS HCS HB 283, 286, 325, 370, 551, 36, 42, 73, 111, 341, 619, 62
& 579 -- CRIMES AND PUNISHMENT (Hosmer)

This substitute:

(1)  Removes a current provision that allows a defendant to
receive a reduction in punishment when the punishment penalty is
reduced by statute enacted after the offense was committed but
before the defendant is sentenced (Section 1.160);

(2)  Clarifies language requiring the Department of Corrections
to pay an annual per diem amount allotted to full-time
prosecutors who have correctional facilities in their counties.
This provision has an emergency clause (Section 56.066);

(3)  Makes changes to statutes relating to the sale of
cigarettes by expanding the products covered and adding new
remedies for the Department of Revenue for improper use of tax
stamps (Sections 149.011 and 149.071);

(4)  Requires the Department of Health, upon the request of the
victim, the prosecuting attorney, or law enforcement officials,
to pay for medical examinations of persons suspected of rape and
other sexual offenses.  The report of the suspect's examination
will be forwarded by medical personnel to the local county
prosecutor (Section 191.225);

(5)  Adds Gamma Hydroxybuterate (GHB) as a controlled substance
contained within Schedule II.  The substitute also adds child--
care and health-care facilities as locations near which the
distribution of controlled substances is considered a class A
felony (Sections 195.017 and 195.214);

(6)  Allows a court of general jurisdiction to suspend
imposition of adult criminal and juvenile sentences for
offenders under 17 years of age (Section 211.073);

(7)  Prohibits contracts between the state and private entities
for the use of correctional facilities and jails, with certain
exceptions (Section 221.232);

(8)  Clarifies that a defendant is required to take a
substantial step toward the commission of a crime for conviction
of attempted distribution or manufacture of a controlled
substance.  The substitute also changes methamphetamine
penalties to make it a class D felony for a person to steal
between $250 and $750 worth of materials for the production of
methamphetamine and a class C felony for amounts valued greater
than $750 (Section 195.215 and Section 570.030);

(9)  Allows for the indexing of law enforcement intelligence
data concerning children for the exchange of such information
with other states' law enforcement agencies (Section 211.321);

(10)  Allows a district to place on the ballot a sales tax for
regional jail districts (Section 221.407);

(11)  Makes operation of a motor vehicle or motorcycle without a
valid license a class A misdemeanor for the first and second
offense, and a class D felony for any subsequent violations
(Section 302.020), and changes the point system for moving
violations to include operation of a vehicle without a valid
license to be a violation from 2 to 6 points (Section 302.302).
The substitute also changes current provisions to make
protective headgear on motorcycle riders a requirement only for
drivers under the age of 21 (Section 302.302);

(12)  Lowers the age for eligibility in drivers' instruction
programs provided by the Department of Elementary and Secondary
Education from 15 to 14 years of age.  The substitute also
changes drivers' licensing requirements to make applicants under
the age of 18 ineligible for full driving privileges.
Applicants between the ages of 15 and one-half and 18 years are
eligible for an intermediate license.  In addition to the
successful completion of a vision and highway sign test,
applicants for temporary permits must provide written permission
from a parent or guardian, who is obligated to provide a minimum
of 24 hours of driving instruction, including 2 hours at night
(Sections 302.060, 302.130, 302.172, and 302.176);

(13)  Changes provisions concerning the use of social security
numbers in the issuance of drivers' licenses by allowing
commercial drivers' licenses to be issued without a social
security number upon objection of the applicant.  Currently, the
Director of Revenue is allowed to issue a license without a
social security number only upon a showing that the applicant is
a member of a religious denomination prohibiting the use of
identifying numbers (Sections 302.171 and 302.181);

(14)  Creates the crime of eluding a law enforcement officer and
makes a person in violation ineligible for limited driving
privileges until the applicant has completed the first 30 days
of a suspension or revocation (Section 302.309 and Section 3).
The substitute also adds restrictions to all applicants for
limited driving privileges, who are ineligible for application
if they have previously had limited driving privileges within
the preceding 5 years (Section 302.309);

(15)  Creates a class D felony for driving while revoked for 2
or more offenses within 5 years of the conviction (Section
302.321);

(16)  Changes current law to allow associate judges to issue
warrants on misdemeanors based on the nature of the crime and
likelihood that the accused will not return upon summons
(Section 544.020);

(17)  Allows law enforcement officials to detain a person for 48
hours without charging the person with a crime if the person has
been arrested for any felony.  Currently, a person who is
arrested must be released within 20 hours unless charged with a
crime (Section 544.170);

(18)  Changes the definition of "secure facility" for purposes
of acquittal and commitment based on mental disease or defect to
remove a provision allowing a facility director to use his or
her discretion to determine if the committed person may leave
the facility (Section 552.040);

(19)  Updates the time limit by which the Sentencing Advisory
Commission must submit a study examining recommended sentences
(Section 558.019).  The substitute also removes provisions that
allowed the Board of Probation and Parole discretionary
authority to convert consecutive sentences to concurrent
sentences under certain circumstances.  The substitute further
adds all class A felonies to the list of violations which, if
committed, preclude probation (Sections 558.019 and 559.115);

(20)  Removes a provision that prohibits a court from imposing
the death sentence on a defendant who has pleaded guilty or has
been found guilty by the court (Section 565.006).  The
substitute also adds to the list of death penalty mitigating
circumstances evidence that the murder was of a child 16 years
of age or less (Section 565.032);

(21)  Makes involuntary manslaughter a class C felony unless the
defendant recklessly causes the death of another or operates a
motor vehicle while intoxicated and acts with criminal
negligence to cause the death of another, in which case
involuntary manslaughter is a class B felony (Section 565.024);

(22)  Makes a person convicted of an assault ineligible to
receive a suspended imposition or execution of sentence,
probation, or a fine in lieu of a term of imprisonment if the
assault was on a mass transit worker or passenger while on or
waiting to board a bus or light rail system (Sections 565.050,
565.060, and 565.070);

(23)  Expands the definition of deviate sexual intercourse to
include acts involving the genitals of a person and the hand of
another person, when other current statutory elements of the
crime are satisfied.  Currently, persons can only be convicted
of this crime if there is a sexual act involving the genitals of
a person and the mouth, tongue, or anus of another person
(Section 566.010);

(24)  Creates the crime of indecent solicitation of a minor,
which is defined as the knowing solicitation of a minor less
than 14 years of age by an individual 17 years of age or older
to engage in specified sexual acts or conduct.  "Solicitation"
includes but is not limited to any written or oral
communication, including communication by telephone, computer,
or other electronic means (Section 566.105);

(25)  Changes the definition of "value" for property stolen from
a merchant to be the price at which the merchant would normally
sell such property.  Currently, the value is specified as the
cost of replacement of the property within a reasonable time
after the crime (Section 570.020).  The substitute also adds the
alteration or reproduction of receipts, price tags, or price
code labels as evidentiary matters which can be considered when
stealing is alleged, a provision that has an emergency clause
(Section 570.030);

(26)  Allows prosecutors to charge a person committing the crime
of receiving stolen property or services to the same degree as a
person who commits the crime of stealing the property or
services (Section 570.080);

(27)  Makes the theft or attempted theft of anhydrous ammonia
valued at more than $75 a class C felony.  Currently, the theft
of any amount of anhydrous ammonia is considered a class D
felony, and the statutes do not specifically address the
attempted theft of anhydrous ammonia (Section 570.030).  There
is an emergency clause associated with this change.  The
substitute also deletes a section addressing the possession of
certain substances used in the manufacture of methamphetamine,
which is provided for in other sections (Section 195.246);

(28)  Raises the administrative handling cost that a prosecutor
may charge for writing bad checks to $25, and for checks of $100
or more, an additional fee of 10% of the face amount of the
check, with a maximum fee recoverable of $50.  In addition, the
prosecuting attorney may collect a reasonable service charge,
plus the face value of the check, to be returned to the party to
whom the bad check was issued.  If the bad check is not referred
to the prosecuting or circuit attorney, the person to whom the
check was issued may collect the face value of the check, along
with a reasonable service charge not exceeding $30 and the
amount charged by the depository institution for the return of
the bad check (Section 570.120).  Currently, a prosecutor can
charge:  $5 if the check was for less than $10; $10 for checks
$10 or more but less than $100; and $25 for checks of $100 or
more (Section 570.120);

(29)  Adds provisions allowing counties and the city of St.
Louis to enact ordinances prohibiting the employment by adult
cabarets of those convicted of misdemeanors and felonies
involving prostitution, in addition to those individuals already
prohibited from employment in these establishments (Section
573.504);

(30)  Expands the crime of tampering with a public record to
include acts by civil officers and private persons in possession
of certain specified books, records, and documents, who
knowingly fail to deliver them as required.  The substitute also
changes the penalty for tampering with a public record from a
class A misdemeanor to a class D felony (Section 575.110);

(31)  Creates the crime of leaving the scene where a serious
physical injury or death has occurred due to an accident or
negligence of that person without identifying himself or herself
to the nearest law enforcement officer, medical personnel, or
police station, with certain specified exceptions.  Leaving the
scene of a serious physical injury is a class A misdemeanor,
except that it is a class D felony if the person has pled to or
been found guilty of a prior leaving the scene violation.  The
substitute also authorizes certified peace officers, reserve
peace officers, and the Conservation Commission to make
investigations concerning allegations of leaving the scene of an
accident (Section 577.069);

(32)  Requires certain drug offenders to register with the chief
law enforcement officer of the county within 10 days of residing
in the county (Section 589.400);

(33)  Adds public health insurance programs as a source of
revenue that will reduce compensation paid under the crime
victims' compensation fund.  In addition, the substitute adds
life insurance benefits as a source of revenue that will not
reduce compensation paid under the crime victims' compensation
fund (Section 595.035);

(34)  Allows a victim to be present at any criminal proceeding
whether or not the victim is a witness at the proceeding.  Upon
a finding of guilt for a felony and the filing of a motion by
any victim, a hearing must be conducted before final sentencing
to decide the amount due to the victim as restitution.  The
Board of Probation and Parole may require restitution to be paid
by the offender as a condition of parole (Section 595.209;
Section 2);

(35)  Excludes from evidence at a criminal trial statements made
during a custodial interrogation of a person with a documented
history of mental retardation unless an attorney was present to
represent the person.  The substitute also requires an
interviewer of a person with a documented history of mental
retardation for purposes of criminal or abuse investigations to
make reasonable efforts, prior to any interrogation, to contact
the person's parent, guardian, or designated protector (Section
4);  Further, the substitute prohibits the imposition of the
death penalty on defendants found to be mentally retarded by the
trial court (Section 565.020).

(36)  Allows the court, after considering all the circumstances,
to close to the general public and law enforcement agencies a
person's criminal and juvenile records under certain
circumstances (Sections 25 through 30, 589.400, 595.209, and
610.122);

(37)  Makes it a crime for an individual to knowingly make a
false statement to fraudulently obtain a credit card and a crime
for an individual to willfully obtain personal identifying
information concerning another without authorization and with
the intent to obtain credit, goods, or services in the other
person's name.  Violation is a class A misdemeanor (Section 5);

(38)  Increases the scope of the crime of unlawful use of a
weapon by adding the possession of a firearm or other lethal
weapon in a school or school bus, with certain exceptions, to
the list of already prohibited activities (Section 571.030);

(39)  Creates the crime of financial exploitation of the elderly
and disabled.  Financial exploitation of an elderly or disabled
person is committed if:  (1) an individual stands in a position
of confidence with an elderly or disabled person; and (2) such
individual knowingly and by deception or intimidation obtains
control over the victim's property with the intent to deprive
the victim of his or her property.  Financial exploitation of an
elderly or disabled person is a class A misdemeanor if the value
of the property is less than $250 and a class D felony if the
value exceeds $250 (Section 6);

(40)  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 (Sections 7,
8 through 24, 374.700, 374.750 and 372.555); and

(41)  Creates the crime of entering another's motor vehicle for
the purpose of committing a crime therein, which is a class D
felony (Section 31).

FISCAL NOTE:  Estimated Net Cost to General Revenue Fund exceeds
$1,403,787 in FY 2000, exceeds $1,415,219 in FY 2001, and
exceeds $1,442,406 in FY 2002.  Estimated Net Income to
Insurance Dedicated Fund of $166 in FY 2000, $12,182 in FY 2001,
and $11,352 in FY 2002.  Estimated Net Cost to Highway Funds of
$249,981 in FY 2000, $217,511 in FY 2001, and $227,623 in FY
2002.  Estimated Net Effect on Criminal Record System Fund of an
income of $89,866 in FY 2000, a cost of $88,443 in FY 2001, and
a cost of $97,660 in FY 2002.

HCS HB 283, 286, 325, 370, 551, 36, 42, 73, 111, 341, 619, 62 &
579 -- CRIMES AND PUNISHMENT

SPONSOR:  Hosmer

COMMITTEE ACTION:  Voted "do pass" by the Committee on Criminal
Law by a vote of 17 to 0.

This substitute:

(1)  Requires the Department of Health, upon the request of the
victim, the prosecuting attorney, or law enforcement officials,
to pay for medical examinations of persons suspected of rape and
other sexual offenses.  The report of the suspect's examination
will be forwarded by medical personnel to the local county
prosecutor (Section 191.225);

(2)  Clarifies that a defendant is required to take a
substantial step toward the commission of a crime to convict the
defendant of attempted distribution or manufacture of a
controlled substance and clarifies that it is a class D felony
for a person to steal between $250 and $750 worth of material if
the person intends to use the material to produce
methamphetamine (Section 195.215 and Section 570.030);

(3)  Allows law enforcement officials to detain a person for 48
hours without charging the person with a crime if the person has
been arrested for first or second degree murder, first degree
assault or robbery, forcible rape or sodomy, or distribution or
manufacture of drugs.  Currently, a person who is arrested for
these offenses must be released within 20 hours unless the
person is charged with a crime (Section 544.170);

(4)  Makes involuntary manslaughter a class C felony unless the
defendant recklessly causes the death of another or operates a
motor vehicle while intoxicated and acts with criminal
negligence to cause the death of another, in which case
involuntary manslaughter is a class B felony (Section 565.024);

(5)  Modifies the threshold amount for felony stealing by
designating as a class D felony the stealing of property or
services with a value of less than $750 and more than $250.  A
person committing the crime of receiving stolen property or
services is to be charged to the same degree as a person who
commits the crime of stealing the property or services (Section
570.030 and 570.080);

(6)  Raises the administrative handling cost that a prosecutor
is allowed to charge for writing bad checks to $25, and for
checks of $100 or more, an additional fee of 10% of the face
amount of the check.  In addition, the prosecuting attorney may
collect a reasonable service charge to be turned over to the
party to whom the bad check was issued.  If the prosecutor is
unable to collect the service charge and the face amount of the
check, the party to whom the bad check is issued may collect
from the issuer a service charge not to exceed $30.  Currently,
a prosecutor can charge:  $5 if the check was for less than $10;
$10 for checks $10 or more but less than $100; and $25 for
checks of $100 or more (Section 570.120);

(7)  Creates the crime of leaving the scene where a serious
physical injury or death has occurred due to an accident or
negligence of that person without identifying himself or herself
to the nearest law enforcement officer, medical personnel, or
police station.  It is not a crime for the person to leave the
scene of the incident to obtain medical assistance, to contact
law enforcement authorities, or when the victim requests that no
assistance be given.  Leaving the scene of a serious physical
injury is a class A misdemeanor, except that it is a class D
felony if the person has pled to or been found guilty of a prior
leaving the scene violation.  The substitute also authorizes
certified peace officers and reserve peace officers to
investigate and make arrest for persons leaving the scene after
causing serious physical injury or death.  In addition, the
Conservation Commission is authorized to make similar
investigations and arrests involving hunting accidents as
defined by the substitute (Section 577.069);

(8)  Requires certain drug offenders to register with the chief
law enforcement officer of the county within 10 days of residing
in the county (Section 589.400);

(9)  Allows a victim to be present at any criminal proceeding
where the defendant is allowed to be present whether or not the
victim is a witness at the proceeding.  Upon a finding of guilt
for a felony with a culpable mental state and the filing of a
motion by any victim, a hearing must be conducted before final
sentencing to decide the amount due to the victim as
restitution.  The Board of Probation and Parole may require
restitution to be paid by the offender as a condition of
parole.  The substitute also allows the court to order a
defendant as a condition of probation to pay money to a county
law enforcement fund designated by the court (Section 595.209);

(10)  Excludes from evidence at a criminal trial statements made
during a custodial interrogation of a person with a documented
history of mental retardation unless an attorney was present to
represent the person.  The substitute also requires an
interviewer of a person with a documented history of mental
retardation for purposes of criminal or abuse investigations to
make reasonable efforts, prior to any interrogation, to contact
the person's parent, guardian, or designated protector (Section
595.209);

(11)  Creates the crime of criminal impersonation.  A person
commits the crime by:  (1) assuming a false identity with the
intent to defraud; (2) pretending to be a representative of
another person or organization with the intent to defraud; or
(3) opening a bank account or securing credit in the name of
another person without the other person's consent.  Criminal
impersonation is a class D felony (Section 595.209); and

(12)  Allows a judge to require a defendant to donate to a
county law enforcement fund as condition of probation, in
addition to the already existing conditions of probation
provided.  This section contains an emergency clause (Section
559.021).

FISCAL NOTE:  Estimated Net Cost to General Revenue Fund exceeds
$363,734 in FY 2000, $402,457 in FY 2001, and $408,531 in FY
2002.

PROPONENTS:  Supporters of HB 283 say that statements in
custodial interrogation by individuals who demonstrate mental
retardation should be excluded at trial, because these
individuals require assistance in understanding the nature of
the interrogation.

Supporters of HB 286 say that the legislation is necessary to
aid federal prosecutors, as federal law looks to state law for
its definition of "conviction."   Currently, Missouri law does
not define an SIS as a "conviction," and federally-convicted
individuals receive lesser penalties without the consideration
of the state-imposed SIS.

Supporters of HB 385 say that the bill prevents attorneys from
excluding all witnesses from the courtroom, which will allow a
victim of a crime who may be a potential witness to remain and
observe the proceedings.

Supporters of HB 370 say that current law forces the police to
release suspects who are dangerous to the public.  Detaining
persons arrested for dangerous felonies for 48 hours will allow
the police sufficient time to charge the suspect, which will
protect the public.  It is difficult to charge someone in 20
hours, especially when someone is arrested on a weekend.

Supporters of HB 551 say that the bill corrects several
technical mistakes in last year's methamphetamine bill.

Supporters of HB 36 say that by making it a crime for an
individual to leave the scene of an accident that they have
accidentally or negligently caused without rendering assistance,
both the welfare of those injured and critical evidence will be
preserved.

Supporters of HB 42 say that a medical examination of criminal
suspects will aid criminal investigations and victims of crimes.

Supporters of HB 73 say that increasing the thresholds
concerning the value of property or services stolen would make
the class D penalty more reasonable.

Supporters of HB 111 say that the legislation allows victims to
be compensated for felonies committed by convicted defendants.
It acts as an additional deterrent by requiring the restitution
to be paid to the Board of Probation and Parole.

Supporters of HB 341 say that the public has a right to be
protected from persons who sell drugs to children.  Supporters
also say that the bill will aid law enforcement in preventing,
investigating, and prosecuting drug crimes.

Supporters of HB 619 say that this bill allows victims of
identity theft to bring charges because the companies, who are
also defrauded, are usually unwilling to do so.

Supporters of HB 62 say that under current law, it is difficult
for victims to remedy the effects of identity theft.  Supporters
say that making identity theft a class D felony will help
alleviate this problem.

Supporters of HB 579 say that prosecutors have little incentive
to prosecute individuals for bad checks because the fines are
very low.  This increase in administrative handling costs would
encourage prosecutors to handle these cases more aggressively.

Testifying for the bills were Representative Hosmer and ARC of
Missouri (HB 283); Representative May and U.S. District
Attorney's Office of the Eastern District of Missouri (HB 286);
Representative Parker and Office of the Attorney General (HB
325); Representative Hosmer, Missouri Police Chiefs'
Association, Missouri Sheriffs' Association, and Kansas City
Police Department (HB 370); Representative Clayton and Office of
the Attorney General (HB 551); Representative Marble and Jo
Naegeotte (HB 36); Representative Seigfreid, Marshall Police
Department, Missouri Hospital Association, and Missouri Police
Chiefs' Association (HB 42); Representative Smith, Pike County
Prosecuting Attorney, and Missouri Retailers' and Grocers'
Association (HB 73); Representative Graham (24) (HB 111);
Representative Ford (HB 341); Representative Loudon, Sandra
Burris, B.V. Becker, Missouri Bankers' Association, Missouri
Financial Services Association, and Missouri Retailers'
Association (HB 619); Representative Seigfreid, B.V. Becker,
Missouri Financial Services Association, and Missouri Retailers'
Association (HB 62); Representative Dolan and Missouri
Retailers' Association (HB 579).

OPPONENTS:  There was no opposition voiced to the committee.

Sarah Madden, Legislative Analyst

HB 283 -- Police Interrogation of the Mentally Retarded

Co-Sponsors:  Hosmer, Schilling

This bill excludes from evidence at a criminal trial statements
made during a custodial interrogation by a mentally retarded
person unless an attorney was present to represent the person.

The bill also requires a person interviewing a mentally retarded
person for purposes of criminal or abuse investigations to make
reasonable efforts, prior to any interrogation, to contact the
person's parent, guardian, or designated protector.