SB 1077 - This act modifies provisions regarding criminal offenses. SURCHARGE FOR CONTROLLED SUBSTANCES OFFENSES (Section 488.029) This act provides that all criminal cases for any controlled substances offense, instead of violations of drug regulations, will have a surcharge collected of $150 in which a crime laboratory makes analysis of a controlled substance, unless otherwise waived. CRIMINAL ACTIVITY FORFEITURE ACT (CAFA) (Section 513.605) This act modifies the definition of "criminal activity" in CAFA to include the commission of any controlled substances offense, instead of violations of drug regulations. JURY INSTRUCTIONS FOR CRIMINAL CASES (Section 556.046) Under current law, the court is not obligated to instruct the jury with respect to an offense included in an offense charged in the indictment or information unless there is a basis for a verdict acquitting the person of the offense charged and convicting him of the included offense. This act modifies these provisions and provides that a court is obligated to instruct the jury with respect to an included offense only if: • The offense is established by proof of the same or less than all the elements required to establish the commission of the charged offense; • There is a rational basis in the evidence for a verdict acquitting the person of the offense charged and convicting him or her of the included offense; and • Either party requests the court to instruct the jury with respect to a specific included offense. Failure of the defendant to request the court to instruct the jury with respect to an included offense shall not be a basis for a plain-error review on appeal or postconviction relief. It shall be the trial court's duty to determine if a "rational basis in the evidence" for a verdict exists. This acts provides that an offense is charged pursuant to this act if it is in an indictment or information or if it is an offense submitted to the jury because there is a rational basis in the evidence for a verdict acquitting the person of the offense charged and convicting the person of the included offense. This act repeals the provision that the court is obligated to instruct the jury of an included offense only if there is a basis in evidence for acquitting the person of the immediately higher included offense and there is a basis in evidence for convicting the person of the included offense. DEFINITION OF DANGEROUS FELONY (Section 556.061) This act modifies the definition of dangerous felony to include a conviction of a class A or B felony of the offenses of driving while intoxicated, driving with excessive blood alcohol content, boating while intoxicated, and boating with excessive blood alcohol content. OFFENSE OF INVASION OF PRIVACY (Section 565.252) This act modifies the offense of invasion of privacy to include any person who knowingly "views" an image of another person in a state of full or partial nudity without that person's consent or views another person under or through the clothing of that person for the purpose of viewing the person's undergarments without that person's consent. SEXUAL CONTACT (Section 566.010) This act modifies the definition of "sexual contact" to include causing semen, seminal fluid, or other ejaculate to come into contact with another person. OFFENSE OF SEXUAL CONTACT WITH A STUDENT (Section 566.086) This act modifies the offense of sexual contact with a student to include a person who is a coach, assistant coach, director, or other adult with a school-aged team or other organization. PREDATORY SEXUAL OFFENDER (Section 566.123) This act defines "predatory sexual offender" as any person who has been found guilty of committing or attempting to commit a predatory sexual offense and who has committed other acts as provided in the act. This act also defines "predatory sexual offense" as statutory rape in the first degree, statutory sodomy in the first degree, and other sexual offenses. Under this act, a court shall sentence a person to life without eligibility for probation or parole if it finds the defendant is a predatory sexual offender and other provisions of the law determining the minimum prison terms for felony convictions shall not apply. Additionally, a person found to be a predatory sexual offender may not receive good time credit and shall not receive a final discharge from parole. Any punishment imposed under this act shall be in addition to any punishment provided by law for the offense of which the defendant has been previously found guilty or the act that would constitute an offense, whether the act was charged or resulted in a finding of guilt. In determining whether a defendant is a predatory sexual offender, prior findings of guilt must be pleaded in the indictment or information and proven beyond a reasonable doubt. Acts that would constitute an offense that were not charged or did not result in a finding of guilt shall be pleaded and proven as follows: • In trials without a jury, the court may defer the proof and findings of such facts to a later time, but prior to sentencing; and • In trials with a jury, the trial shall proceed in three stages as provided in the act. PERSISTENT OR PRIOR SEXUAL OFFENDER (Section 566.124 & 566.125) Under this act, no court shall suspend the imposition of sentence as to a prior or persistent sexual offender or sentence such person to pay a fine instead of imprisonment. No person shall be eligible for parole until the person has served a minimum of three years imprisonment. Additionally, a court shall sentence a person who has been found to be a prior sexual offender to the authorized term of imprisonment for the class one class higher than the offense for which the person was found guilty. The court shall sentence a person who has been found to be a persistent sexual offender to the authorized term of imprisonment for the class two classes higher than the offense for which the person was found guilty. A person guilty of a class B felony under these provisions shall be sentence to the authorized term of imprisonment for a class A felony. A person found guilty of a class A felony under these provisions shall be sentenced to life imprisonment without the eligibility for probation or parole. This act repeals the existing provisions of law regarding persistent sexual and predatory sexual offenders. THE OFFENSE OF UNLAWFUL POSSESSION OF A FIREARM (Section 571.070) This act defines "fugitive from justice" as a person who has fled to avoid prosecution or conviction of a felony offense. THE OFFENSE OF RESISTING OR ESCAPING FROM CUSTODY (Sections 575.150 & 575.200) Under current law, a person commits the offense of resisting an arrest, detention, or stop if he or she reasonably knows a law enforcement officer is making an arrest. This act modifies the offense to be the offense of resisting or escaping from custody. "Custody" is defined as the physical restraint of a person, or control by or submission to the authority of the law enforcement officer attempting to obtain such custody. The offense of resisting or interfering with an attempt to obtain custody or escaping from custody for a felony or warrant for a felony is a class E felony, unless a person is escaping from custody for any offense by means of a deadly weapon then it is a class A felony. The offense of resisting or interfering with an attempt to obtain custody or escaping from custody for a misdemeanor or infraction is a class E felony. This act repeals the current offense of escape from custody. DRIVING WHILE INTOXICATED (Section 577.010) A person found guilty of the offense of driving while intoxicated as a class B or C felony shall not be eligible for parole until he or she has served 2 years imprisonment. This act is substantially similar to HB 1557 (2020) and similar to HCS/HB 1065 (2019). MARY GRACE BRUNTRAGER