HCS/SCS/SB 804 - This act contains provisions relating to crimes and criminal court proceedings. MIRANDA WARNINGS TO JUVENILE OFFENDERS - 211.059 When a child is taken into custody, current law requires law enforcement officials to advise the child prior to questioning that the child has the right to remain silent, that any statement made can be used in court, has the right to have a parent present, and has the right to an attorney. This act provides that any court recognized exception to the giving of Miranda warnings to an adult prior to interrogation shall also apply to this requirement that a child be given such advise. This provision is identical to HCS/SS/SCS/SB 663 (2016). JUVENILE SHACKLING - 211.436 This act provides that, when a juvenile court has a rule or otherwise requires the use of restraints during proceedings, the juvenile's attorney must have the right to be heard on a request that the restraints not be used. If the court orders the use of restraints, the court must make findings of fact in support of the use of restraints. This provision is identical to HCS/SCS/SB 618 (2016), HCS/SS/SCS/SB 663 (2016), and SB 918 (2016), and is similar to HB 2262 (2016). TWO-WAY TELECOMMUNICATIONS DEVICES IN PRISONS AND JAILS - 217.360 & 221.111 Under current law, it is a crime to possess, deliver, deposit, or conceal certain items in a prison or jail. This act adds two-way telecommunications devices and their component parts to the list of prohibited items. This act provides that the prohibition on telecommunications devices does not apply to law enforcement officers lawfully engaged in their duties or any person who is authorized to use such a device in the facility. This provision is identical HCS/SS/SCS/SB 663 (2016), is substantially similar to SB 252 (2015), and is similar to SB 689 (2016), HB 1779 (2016), HB 1837 (2016), and SS/SCS/SBs 112, 212, 143, & 234 (2015). FAILURE TO YIELD - 304.351 Currently, a person who causes physical injury or death to another person by failing to yield the right-of-way is subject to additional monetary penalties and driver's license suspensions. This act makes those penalties discretionary rather than mandatory. Under this act, the maximum penalty for a person who causes physical injury to a person by failing to yield the right-of-way is increased from $200 to $500. In the case of serious physical injury this act increases the maximum penalty from $500 to $1,000. This act increases the maximum penalty for a person who causes the death of another person by failing to yield the right-of-way from $1,000 to $2,500. In addition, the person who causes a fatality by failing to yield the right-of-way may be required to successfully complete a driver-improvement program. This provision is similar to SB 917 (2016), HB 1813 (2016), a provision of HCS/SS/SCS/SB 663 (2016), SCS/SB 267 (2015), SB 696 (2014), HB 1149 (2014), SB 130 (2013), and SCS/SB 805 (2012). SEX TRAFFICKING - 566.209, 566.210, 566.211, 566.212, & 566.213 Under current law, a person commits trafficking for the purposes of sexual exploitation if he or she knowingly recruits, entices, harbors, transports, provides, or obtains another person for sexual conduct, a sexual performance, or the production of explicit sexual material without his or her consent. This act adds, as an element to the crime, advertising the availability of another person for sexual conduct or a commercial sex act without his or her consent. Under current law, a person commits sexual trafficking of a child by knowingly recruiting, enticing, harboring, transporting, providing, or obtaining a child to participate in a commercial sex act, a sexual performance, or the production of sexually explicit material. This act adds, as an element of sexual trafficking of a child, advertising the availability of a child to participate in a commercial sex act, a sexual performance, or the production of explicit sexual material. These provisions are identical to the truly agreed to and finally passed HCS/HB 1562 (2016) and HCS/SS/SCS/SB 663 (2016) and are similar to SCS/HB 152 (2015). OFFENSE OF LEAVING THE SCENE OF AN ACCIDENT - 577.060 Currently, leaving the scene of an accident is a Class D felony if physical injury was caused to another party. Beginning in 2017, when the revisions to the Criminal Code take effect, the penalty is a Class E felony. Under this act, it is a Class C felony if the accident resulted in death, and, beginning in 2017, it will be a Class D felony if the accident resulted in death. This provision is identical to a provision of the truly agreed to and finally passed SS/HB 1733 (2016), HCS/SS/SCS/SB 663 (2016), and HB 2551 (2016). This act also provides that the offense of leaving the scene of an accident is a Class E felony beginning January 1, 2017, if the defendant has previously been found guilty of the same offense. This provision is identical to a provision of HCS/SS/SCS/SB 663 (2016) and the truly agreed to and finally passed SS/SCS/HCS/HB 2332 (2016). ANIMAL OR LIVESTOCK TRESPASS - 578.005 - 578.040 Currently, the crime of animal trespass is defined as a person having ownership of an animal who fails to provide adequate control of the animal for a period of 12 hours or more. Under this act, a person commits the offense of animal or livestock trespass by either failing to provide adequate control of any animal except livestock when the animal trespasses on another person's property or failing to provide adequate control of livestock for a period of 12 hours or more when the livestock trespasses on another person's property. In addition, this act removes the maximum fines that may be charged for animal or livestock trespass, which potentially conflict with another provision of law setting the maximum fines for infractions and Class C misdemeanors. This act repeals a provision stating that reasonable costs for the care and maintenance of trespassing animals may not be waived. These provisions are identical to SB 721 (2016), HB 1730 (2016), and provisions of HCS/SS/SCS/SB 663 (2016), and SS/SCS/SBs 112, 212, 143, & 234 (2015). LAW ENFORCEMENT DOGS - 578.007 & 578.022 Under current law, the killing of an animal that is not on its owner's property when the animal is injuring a person or farm animal is exempt from the animal abuse statute. The exemption specifies that it does not apply to police or guard dogs while working. This act replaces the reference to "police or guard dogs" with a reference to "law enforcement officer dog" and provides that the exemption does not include the killing or injuring of such dogs. In addition, current law exempts law enforcement dogs that bite in the course of their official duties from certain criminal and civil liabilities. This act specifies that injuries caused by such dogs are also exempt from liability and adds a reference to the offense of animal abuse to the list of liabilities that do not apply to police dogs. These provisions are identical to provisions of HCS/SS/SCS/SB 663 (2016). MEGHAN LUECKE