CCS/HCS #2/SCS/SB 1221 - This act modifies the laws relating to crime. SECTION 50.565 This section provides that current or former county elected officials and current or former employees of the county commission shall not be appointed to the board of trustees that supervises the county law enforcement restitution fund. Currently, current or former employees of the sheriff, prosecuting attorney, and treasurer are excluded. This section also provides that the money from the fund may be used only for county law enforcement-related expenses, rather than such expenses in general. This section is similar to SB 770 (2006). SECTION 56.087 This section allows a prosecuting or circuit attorney to dismiss a complaint, information, or indictment, or any count, without obtaining the consent of the court. The dismissal may be made orally or by written statement. Any such dismissal filed prior to the time double jeopardy has attached is without prejudice. If filed after double jeopardy has attached, the dismissal is with prejudice, unless the defendant has consented to having the case dismissed with prejudice. This section is similar to HB 1858 (2006). SECTION 92.500 This section authorizes the City of St. Louis to impose, upon voter approval, a sales tax of up to 0.5% for the operation of public safety departments as well as for compensation, pension programs, and health care for public safety employees and pensioners. This section is similar to SB 1212 (2006). SECTION 192.925 The purpose of the Department of Health's education and awareness program is modified to include increasing public awareness of the problem of financial exploitation of the elderly. SECTION 195.017 This section adds substances to the list of controlled substances in Schedule IV and Schedule V. This section is similar to SB 1028 (2006). SECTION 195.217 This section prohibits a person from unlawfully distributing or delivering a controlled substance to a person in, on, or within 2,000 feet of a public or private park, state park, county park, or municipal park. Distribution of a controlled substance near a park is a Class A felony. This section is similar to SB 721 (2006). SECTION 210.1012 This section specifies that the "Amber Alert System" aids in the identification and location of abducted children, rather than adults. Under this act, an "abducted child" is a child whose whereabouts are unknown and who is: (1) less than eighteen years of age and reasonably believed by law enforcement to be the victim of kidnapping; (2) reasonably believed by law enforcement to be the victim of child kidnapping; (3) reasonably believed by law enforcement to be the victim of child kidnapping, but instead of being under the age of fourteen, is between the ages of fourteen and seventeen. This section is similar to SB 1019 (2006). SECTION 217.439 Upon the victim's request, a photograph shall be taken of the incarcerated individual prior to release and a copy shall be provided to the victim. This section is similar to a provision of HB 1317 (2006). SECTION 217.670 This section authorizes the State Board of Probation and Parole, at its discretion, to conduct probation and parole hearings by means of videoconferencing. The victims are allowed to testify at either the location where the videoconferencing is taking place or at the institution where the offender is located. This section is similar to HCS/HB 1432 (2006). SECTION 217.690 This section allows the board of probation and parole to require an offender to perform a designated amount of free work for a public or charitable purpose as determined by the board as a condition of parole. The offender may refuse parole that is conditioned upon this requirement. This section is similar to a provision of HB 2140 (2006). SECTION 304.230 Commercial vehicle inspectors are declared to be peace officers of the state with the full power to make arrests for commercial motor vehicle violations. Such officers must complete peace officer training and shall have until July 1, 2010 to comply with such training. SECTION 311.310 This section provides that any establishment with a liquor license cannot sell nonintoxicating beer to underage individuals. SECTION 311.325 This section provides that a minor can be guilty of possessing alcohol for having nonintoxicating beer. SECTION 311.326 This section states that after a period of at least one year, a person who has been found guilty of a minor in possession may apply to have his or her record expunged, rather than for at least one year or upon turning 21 years of age. SECTION 479.260 In the event a case regarding a municipal ordinance violation is dismissed before the defendant pleads guilty or is found guilty, the municipal judge may assess municipal court costs against the defendant if the defendant consents to paying such costs except when found to be indigent and unable to pay the costs. SECTION 488.5025 This section specifies that $10 of the time-payment fee shall be payable to the clerk of the county court or the clerk of the municipal court, whichever applies. SECTION 491.170 When a writ of attachment is executed in a criminal case, the court shall discharge such witness on his or her own recognizance with sufficient security. The sheriff shall bring the witness who was attached before the court within 24 hours of the attachment in order that the court may set the amount of recognizance. A hearing may be held on the appropriateness of the amount of recognizance. SECTION 545.050 Currently, no indictment for trespass or disturbance of the peace shall be preferred unless the name of prosecutor is affixed. This section removes the provision stating that if the defendant is acquitted or the prosecution fails judgment shall be entered against such prosecutor for costs. SECTION 550.040 This section removes the provision stating that a prosecutor can be adjudged to pay costs. SECTION 556.036 This section specifies that a prosecution is commenced for a misdemeanor or infraction when the information is filed. A prosecution for a felony is commenced when the complaint or indictment is filed. This section is identical to HB 1857 (2006). SECTION 561.031 This section removes the requirement for a full record of the proceedings by split-screen imaging and recording when two-way audio-visual communication is allowed for a physical appearance in court. SECTION 565.063 This section redefines the "domestic assault offense" to include the commission of certain crimes in another state, or any federal offense, or any military offense, which, if committed in this state. SECTION 570.040 This section provides that a person, who has pled guilty to or been found guilty of two stealing-related offenses committed at different times within the past 10 years and is also found guilty of or pleads guilty to a third stealing-related offense, is guilty of a Class D felony. Currently, the law states that a person who has previously pled guilty to or been found guilty on two separate occasions in the last ten years is guilt of a Class D felony if he or she is found guilty of or pleads guilty to a third stealing-related offense. SECTION 573.037 This section increases the penalty for possession of child pornography from a Class D felony to a class C felony, unless the person has a prior offense, and then it is a class B felony instead of a Class C felony. SECTION 575.080 This section increases the penalty for making a false report from a Class B misdemeanor to a Class A misdemeanor. SECTION 575.153 This section creates the crime of disarming a peace officer. A person commits such crime if he or she intentionally removes a weapon or firearm from a peace officer or correctional officer while on duty or deprives a peace officer or correctional officer of use of a weapon. The penalty for such crime is a Class C felony. SECTIONS 577.020 & 577.021 These sections designates certain provisions of law relating to drunk driving as the "Alan Woods Law." It is specified that any state, county, or municipal law enforcement officer, who has the power to arrest an individual for driving with excessive blood-alcohol content or driving while intoxicated, and who is certified under Missouri law, shall administer a chemical test to any person suspected of driving a motor vehicle involved in a collision which resulted in a fatality or serious physical injury. These sections are similar to HCS/HB 1679 (2006). SECTION 577.023 This section states that any intoxication-related traffic offense committed in another state, or any federal offense or military offense, if committed in this state shall be considered for determining whether an individual shall be classified as an aggravated, chronic, persistent, or prior offender. SECTION 577.070 A person who committed the crime of littering may be required to perform at least 10 days involving 40 hours of community service or pay restitution in the amount of $600 to be deposited into different funds. SECTION 577.500 This section provides that a court may, upon a finding of fact of a possession or use of alcohol for a second time, enter an order suspending or revoking the driving privileges of a person under 21 years of age, who committed a minor in possession or violated a county or municipal ordinance where the defendant was represented by or waived the right to an attorney in writing. Currently, the court does not have such discretion and must revoke the privileges upon a finding of fact of any minor in possession. SECTIONS 578.250, 578.255, 578.260, & 578.265 These sections prohibit a person from intentionally smelling or inhaling the fumes of or inducing or aiding another person to induce the symptoms of intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefaction, or dulling of the senses or nervous system, distortion of audio, visual, or mental processes by the use of certain solvents. Violation of these offenses will be a Class B misdemeanor for a person's first conviction and a class D felony for subsequent convictions. Selling such solvents is a Class C felony. These sections specify that no person who owns or operates any business which is a venue for live entertainment performance and receives over 50% of its gross annual income from the sale of recorded video entertainment, alcoholic beverages, or beer will sell or offer for sale certain solvents. These sections prohibit the use of an "alcohol beverage vaporizer", which is a device that is capable of producing a breathable mixture containing one or more alcoholic beverages to be dispensed for inhalation into the lungs by nose or mouth or both. SECTION 590.035 The POST commission shall make training available to peace officers that provides instruction on the investigation of computer crimes. SECTION 590.190 This act authorizes the Director of the POST Commission to promulgate rules and regulations. This section is identical to SB 977 (2006). SECTION 595.030 Compensation shall be paid for replacement of clothing, bedding, or other personal items of a crime victim that are seized by law enforcement as evidence of the crime and shall not exceed $250. SECTION 595.209 This section allows a victim to offer counsel or a representative designated by the victim in lieu of a personal appearance at a hearing before the juvenile authorities, the board of probation and parole, or a mental health facility. The victim also has the right to have a partition set up in the probation and parole hearing room in order to shield the victim from the offender. Under this section, an employer may not discharge or discipline an employee for attending a criminal proceeding or require any witness, victim, or member of the victim's family to use vacation time, personal time, or sick leave for honoring a subpoena to testify at, attend, or participate in a criminal proceeding. Crime victims have the right to receive, upon request, a photograph taken of the defendant prior to release from incarceration. SECTIONS 610.021 & 610.100 This section allows a public governmental body to have closed meetings regarding records and documents of and pertaining to internal investigations by a law enforcement agency into matters of fitness and conduct of a law enforcement officer. SECTION 650.340 This section modifies the ongoing training requirements for telecommunicators who answer 911 call. Such persons must complete 24 hours of training every three years, instead of 16 hours every 2 years. SECTION 650.457 Members of the Missouri medal of valor board shall be appointed by the Governor from a list supplied by the Department of Public Safety. SECTION 1 The court may require a defendant as a condition of probation and parole to be vaccinated for Hepatitis A and B. SECTION 2 If a criminal case is dismissed before the defendant pleads guilty to or is found guilty of an offense, the circuit judge may assess costs against the defendant, if he or she consents, except in those cases where the defendant is indigent and unable to pay costs. SECTION 3 The Department of Public Safety has the authority to promulgate rules establishing recommended procedures for issuing missing endangered person advisories. SUSAN HENDERSON MOORE