SCS/SBs 602, 778 & 561 - This act modifies provisions relating to criminal offenses. CERTIFICATION OF A JUVENILE (Section 211.071) Under this act, beginning January 1, 2021, if a person is charged with the offense of vehicle hijacking and is between the ages of 12 and 18, then a mandatory hearing is conducted to determine if the case shall proceed in a juvenile court or a court of general jurisdiction. These provisions are similar to SB 561 (2020). OFFENSE OF UNLAWFUL USE OF UNMANNED AIRCRAFT OVER A CORRECTIONAL CENTER (SECTION 217.850) Under this act, a person commits the offense of unlawful use of unmanned aircraft over a correctional center if he or she purposely: • Operates an unmanned aircraft within a vertical distance of 300 feet over a correctional center's secure perimeter fence; or • Allows an unmanned aircraft to make contact with a correctional center, including any person or object on the premises of or within the facility. The act sets forth exceptions to when use of an unmanned aircraft over a correctional center shall not be prohibited. The offense of unlawful use of an unmanned aircraft over a correctional center is punishable as an infraction unless the person using the unmanned aircraft is: • Delivering a gun, knife, weapon, or other article that can be used to endanger the life of an offender or correctional center employee, in which case the offense is a class B felony; • Facilitating an escape from confinement, in which case the offense is a Class C felony; or • Delivering a controlled substance, in which case the offense is a Class D felony. These provisions are identical to SB 778 (2020). OFFENSE OF CONSPIRACY (Sections 545.140, 557.021, AND 562.014) Under this act, if two or more defendants are charged with being joint participants in a conspiracy, it is presumed there is no substantial prejudice in charging both defendants in the same indictment or being tried together. Under current law, guilt for an offense may be based upon a conspiracy to commit an offense when a person, with the purpose of promoting the commission of the offense, agrees with another person that they will engage in conduct to commit the offense. A person cannot be convicted of an offense based upon a conspiracy to commit the offense unless he or she committed an overt act. This act modifies provisions regarding conspiracy to create the offense of conspiracy if a person agrees, with one or more persons, to commit any Class A, B, or C felonies, or any unclassified felonies that exceed 10 years of imprisonment, and one or more persons do any act in furtherance of the agreement. The offense of conspiracy to commit an offense is a class C felony. Additionally, this act repeals the provisions barring a person from being charged, convicted, or sentenced for both the offense of conspiracy and the actual offense. These provisions are identical to SS/SB 600 (2020). DEFINITION OF DANGEROUS FELONY (Section 556.061) This act adds to the definition of "dangerous felony" the offense of armed criminal action, the offense of conspiracy to commit an offense when the offense is a dangerous felony, and the offense of vehicle hijacking when punished as a Class A felony. This provision is identical to SS/SB 600 (2020). OFFENSES NOT ELIGIBLE FOR PROBATION (Section 557.045) This act provides that any person found guilty of, or pleading guilty to: the offense of second degree murder when the person knowingly causes the death of another person or, with the purpose of causing serious physical injury to another person, causes the death of another person; any dangerous felony involving a deadly weapon; or any dangerous felony where the person has been previously found guilty of a Class A or B felony or a dangerous felony shall not be eligible for probation, suspended imposition or execution of sentence, or a conditional release term, and shall be sentenced to a term of imprisonment. These provisions are identical to SS/SB 600 (2020). OFFENSE OF VEHICLE HIJACKING (Section 570.027) This act creates the offense of vehicle hijacking, which is committed when an individual knowingly uses or threatens the use of physical force upon another individual to seize or attempt to seize possession or control of a vehicle. This offense is punished as a class B felony unless one of the aggravating circumstances listed in the act was present during the commission of the offense, in which case it is punished as a Class A felony. These provisions are identical to SS/SB 600 (2020) and SB 561 (2020) and similar to SB 433 (2019) and SB 459 (2019). OFFENSE OF ARMED CRIMINAL ACTION (Section 571.015) Under current law, a person who commits the offense of armed criminal action is subject to a term of imprisonment of not less then 3 years for the first offense, 5 years for the second offense, and 10 years for any subsequent offense, in addition to any punishment for the crime committed by, with, or through the use of a deadly weapon. This act changes the prison term for this offense to 3 to 15 years for the first offense, 5 to 30 years for the second offense, and at least 10 years for any subsequent offense. These prison terms shall be served in addition to and consecutive to any punishment for the crime committed with the use of a deadly weapon. Additionally, this act provides that if the person convicted of armed criminal action is unlawfully possessing a firearm, the minimum prison term for the first offense is 5 years, the second offense is 10 years, and the third offense is 15 years. No person convicted for the offense of armed criminal action shall be eligible for parole, probation, conditional release or suspended imposition or execution of sentence for the minimum period of imprisonment. These provisions are identical to SS/SB 600 (2020) and similar to SB 601 (2020) and HB 1453 (2020). UNLAWFUL POSSESSION OF A FIREARM (Section 571.070) Under current law, the offense of unlawful possession of a firearm is a Class D felony. This act increases the penalty for unlawful possession of a firearm by a person convicted of a dangerous felony to a Class C felony. These provisions are identical to SS/SB 600 (2020) and similar to SB 538 (2020). OFFENSE OF UNLAWFUL USE OF UNMANNED AIRCRAFT OVER AN OPEN AIR FACILITY (SECTION 577.800) A person commits the offense of unlawful use of unmanned aircraft over an open air facility if he or she: • Operates an unmanned aircraft within a vertical distance of 300 feet from the ground and within the property line of an open air facility; or • Uses an unmanned aircraft with the purpose of delivering to a person within an open air facility a gun, knife, weapon, or other dangerous article or a controlled substance. The act sets forth exceptions to when use of an unmanned aircraft over an open air facility shall not be prohibited. The offense of unlawful use of an unmanned aircraft over an open air facility is punishable as an infraction unless the person using the unmanned aircraft is: • Delivering a gun, knife, weapon, or other article that can be used to endanger the life of an offender or correctional center employee, in which case the offense is a class B felony; or • Delivering a controlled substance, in which case the offense is a class D felony. These provisions are substantially similar to SB 778 (2020). CRIMINAL STREET GANGS (SECTIONS 578.419 TO 578.425) This act establishes the "Missouri Criminal Street Gangs Prevention Act". The act modifies the definition of a "criminal street gang" by defining such an organization to have as one of its motivating, rather than primary, activities the commission of one or more criminal acts. The definition of "pattern of criminal street gang activity" is modified to include "dangerous felony" as one of the offenses that would constitute a pattern. Currently, any person who actively participates in any criminal street gang with knowledge that its members engage in a pattern of criminal street gang activity and who willfully promotes such criminal conduct shall be punished by one year in the county jail or one to three years of imprisonment in a state correctional facility. This act provides that such a person who actively participates in any criminal street gang that engages in a pattern of criminal conduct shall be guilty of a class B felony. Further, this act changes the mental state and penalty for any person who is convicted of a felony or misdemeanor which is committed for the benefit of, at the direction of, or in association with, a criminal street gang. This act provides that such action must be with the purpose, rather than specific intent, to promote, further, or assist in any criminal conduct by gang members. The act repeals the applicability of this provision to a misdemeanor. A person convicted under this act shall serve a term in addition and consecutive to the punishment for the felony conviction a term of two years, unless the felony is committed within one thousand feet of a school then the term shall be three years. Finally, if a person is convicted of a dangerous felony under this act, he or she shall be punished by an additional 5 years. These provisions are identical to SS/SB 600 (2020). OFFENSE OF UNLAWFUL USE OF UNMANNED AIRCRAFT OVER A MENTAL HEALTH HOSPITAL (SECTION 632.460) A person commits the offense of unlawful use of unmanned aircraft over a mental health hospital if he or she purposely; • Operates an unmanned aircraft within a vertical distance of 300 feet over the mental health hospital's property line; or • Uses an unmanned aircraft to deliver to a person confined in a mental health hospital a gun, knife, weapon, or other dangerous article or a controlled substance. The act sets forth exceptions to when use of an unmanned aircraft over a mental health hospital shall not be prohibited. The offense of unlawful use of an unmanned aircraft over a mental health hospital is punishable as an infraction unless the person using the unmanned aircraft is: • Delivering a gun, knife, weapon, or other article that can be used to endanger the life of an offender or correctional center employee, in which case the offense is a Class B felony; • Facilitating an escape from confinement, in which case the offense is a Class C felony; or • Delivering a controlled substance, in which case the offense is a Class D felony. These provisions are identical to SB 778 (2020) and similar to SB 194 (2019). MARY GRACE BRUNTRAGER