HCS/SS#3/SB 22 - This act modifies provisions relating to judicial proceedings. OFFICE OF CHILD ADVOCATE (Section 37.725) Currently, the identity of a complainant or recipient shall not be disclosed by the Office of Child Advocate unless they or their legal representative consents or a court orders the disclosure. This act requires disclosure of such identities if requested by law enforcement as part of an investigation. This provision is identical to a provision in the truly agreed to and finally passed CCS/SS/SB 28 (2023), the truly agreed to and finally passed CCS/HCS/SB 186 (2023), HS/HCS/HBs 1108 & 1181 (2023) and SB 249 (2023) and substantially similar to the truly agreed to and finally passed HCS/SS/SCS/SB 106 (2023) and the truly agreed to and finally passed CCS/HCS/SS/SCS/SBs 45 & 90 (2023). MISSOURI RAP BACK PROGRAM (Section 43.539 & 43.540) Under current law, an entity participating in the Missouri Rap Back Program may request a person's updated criminal history record if the person has previously had a Missouri and national criminal record review within the previous six years. This act repeals the six year requirement. This provision is identical to a provision in the truly agreed to and finally passed HCS/SS/SB 28 (2023), the truly agreed to and finally passed HCS/SS/SCS/SB 40 (2023), the truly agreed to and finally passed CCS/HCS/SB 186 (2023), SCS/HS/HCS/HBs 1108 & 1181, et al (2023), SCS/HCS/HB 301 (2023), HB 81 (2023), and to SB 264 (2023) and HB 392 (2023). TELECOMMUNICATOR FIRST RESPONDERS (Sections 67.145, 70.631, 170.310, 190.091, 650.320, & 650.340) This act adds "telecommunicator first responder" to the definition of "first responder" in various provisions of law. Furthermore, this act provides that political subdivisions may elect to cover telecommunicator first responders as public safety personnel. These provisions are identical to provisions in the truly agreed to and finally passed SS/SCS/SB 189 (2023), the truly agreed to and finally passed HCS/SS/SB 28 (2023), the truly agreed to and finally passed CCS/HCS/SB 186 (2023), and SCS/HS/HCS/HBs 1108 & 1181, et al (2023) and substantially similar to provisions in the perfected SS/SCS/SBs 189,et al (2023), SCS/SB 46 (2023), HB 1676 (2022), HB 1637 (2022), HCS/HB 2381 (2022), and SCS/HB 2088, et al (2022). BIRTH, DEATH, AND MARRIAGE RECORDS (Section 193.265) This act waives any required fees for the issuance or copy of a birth certificate if the request is made by a prosecuting or circuit attorney or the Attorney General. This provision is identical to SB 464 (2023) and substantially similar to a provision in SCS/HS/HCS/HBs 1108 & 1181, et al (2023), HCS/SS/SCS/SB 40 (2023), and HB 81 (2023). JURISDICTION OF JUVENILE COURTS (Section 211.031) Under current law, the juvenile court shall have exclusive original jurisdiction in proceedings involving a juvenile who violated a state law and jurisdiction in those cases may be taken by the court of the circuit in which the child resides or in which the violation is alleged to have occurred. This act provides that any proceeding involving a child who is alleged to have violated state law shall be brought in the court of the circuit in which the violation occurred, except if a juvenile officer transfers the case or the court grants a motion to transfer the case to the circuit court in which the child resides. This provision is identical to a provision in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and to SCS/SBs 406 & 423 (2023). CERTIFICATION OF JUVENILES FOR TRIAL AS ADULTS (Section 211.071, 211.600, & 217.345) Under current law, a child between the ages of 12 and 18 may be certified for trial as an adult for a certain felony offenses. This act changes the ages to between 14 and 18 years old. Additionally, under current law, a court shall order a hearing to determine whether a child should be certified for trial as an adult for certain offenses. This act adds that a child between 12 and 18 years old shall have a certification hearing for certain offenses. This act also adds dangerous felonies to such offenses. This act provides that the Office of State Courts Administrator shall collect certain information as provided in the act relating to petitions to certify juveniles as adults. Finally, this act modifies provisions relating to correctional treatment programs for offenders 18 years of age or younger. Such programs shall include physical separation from offenders younger than 18 years of age and shall include education programs that award high school diplomas or its equivalent. These provisions contain an emergency clause. These provisions are identical to provisions in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and substantially similar to provisions in SCS/SBs 406 & 423 (2023) and substantially similar to HCS/HB 12 (2020). ELIGIBILITY FOR PAROLE FOR JUVENILES (Section 217.690) Under current law, when a person under the age of 18 is sentenced to a term or terms of imprisonment amounting to 15 years or more, that person is eligible for parole after serving 15 years, unless such person was found guilty of murder in the first degree. This act adds that such a person will also be ineligible for parole if he or she was found guilty of murder in the second degree when such person knowingly causes the death of another person. The provisions of this act are identical to the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and substantially similar to provisions in SB 644 (2022), SCS/HB 2088, et al (2022), SCS/HB 2697, et al (2022), and SS/SCS/SB 850 (2022). ARRESTS FOR TRAFFIC VIOLATIONS (Sections 307.018 & 556.021) This act provides that no court shall issue a warrant of arrest for a person's failure to respond or pay a fine for a traffic citation issued for an infraction. The court shall issue a notice of failure to respond and schedule a second court appearance. If the driver fails to respond after a third court appearance is scheduled, the court may enter a default judgment. The driver may appear in court after a default judgment to show proof the fine was paid. This provision is identical to a provision in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and SCS/HS/HCS/HBs 1108 & 1181, et al (2023). EMERGENCY VEHICLES (Section 307.175) This act clarifies that rescue squads shall include canine search and rescue teams and may operate emergency vehicles while responding to an emergency including calls requiring search and rescue operations. This provision is identical to a provision in SCS/HS/HCS/HBs 1108 & 1181, et al (2023). ADMISSIBILITY OF EVIDENCE IN CRIMINAL CASES (Sections 491.075 & 492.304) Under current law, a statement made by a child under 14 years of age may be admissible in criminal proceedings under certain circumstances. This act changes the age to a child under the age of 18 years of age. Additionally, this act provides that visual or audio recordings of a child under 18 years of age or a vulnerable person relating to certain criminal offenses shall be admissible in criminal proceedings under certain circumstances. These provisions are identical to a provision in HS/HCS/HBs 1108 & 1181 (2023) and the perfected HCS/HB 454 (2023). JURY DUTY (Section 494.430) This act provides that a person who is seventy years of age or older may request to be excused from jury duty. This provision is identical to a provision in HS/HCS/HBs 1108 & 1181 (2023). CONVICTION REVIEW UNIT (Section 547.500) Under this act, the Missouri Office of Prosecution Services may establish a conviction review unit to investigate claims of actual innocence of any defendant, including those who plead guilty. The Missouri Office of Prosecution Services shall create an application process for defendants as provided in the act. The conviction review unit shall consist of two attorneys hired by the executive director of the Missouri Office of Prosecution Services, an investigator, paralegal, and other administrative staff. The Director shall be an ex officio member of the unit. Once the review is complete, the conviction review unit shall present its findings either to the prosecuting attorney who prosecuted the case or, if the review was requested by the Attorney General, special prosecutor, or other prosecuting attorney's office, to the office who requested the review. Such prosecuting attorney's office is not required to accept or follow the findings and recommendations of the conviction review unit. Any document produced by the conviction review unit shall be a closed record until after the finality of all proceedings. This provision is identical to a provision in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and HS/HCS/HBs 1108 & 1181 (2023). CHANGE OF VENUE FOR CAPITAL CASES FUND (Section 550.125) This act creates the "Change of Venue for Capital Cases Fund" which shall provide funding to counties from which a case was transferred in order to reimburse the county in which the case was transferred to for any costs associated with the sequestering of jurors. The county from which the case was transferred may apply to the Office of State Courts Administrator for such funds. The costs of reimbursement shall not exceed the then-approved state rates for travel reimbursement for lodging and meals. Additionally, the Office of State Courts Administrator shall develop an application process and other procedures to determine if a county is eligible for reimbursement. In the event that the amount disbursed is less than the costs of sequestering the jurors, the original county shall reimburse the difference to the county to which the case was transferred. If the Office of State Courts Administrator determines the county is not eligible for reimbursement, the original county shall reimburse the county to which the case was transferred. Applications for reimbursement shall be submitted to the Office of State Courts Administrator by May 1st of the current fiscal year and disbursement shall be made by June 30th of the current fiscal year. If the total dollar amount of the claims in a given year exceeds the amount of money in the fund, the claims shall be reimbursed on a pro rata basis. This provision is identical to a provision in HS/HCS/HBs 1108 & 1181 (2023) and to SB 472 (2023), HB 83 (2023), SB 1019 (2022), and HB 1548 (2022) and substantially similar to SB 620 (2021) and HCS/HB 157 and similar to provisions in HCS/HB 1331 (2020) and to provisions in SS#2/SCS/HB 1450, HB 1296, HCS/HB 1331, & HCS/HB 1898 (2020). RESISTING ARREST (Sections 558.019, 575.150, 610.140, & 575.200) Under current law, certain offenses have minimum prison term requirements. This act adds the offense of resisting arrest by fleeing in a motor vehicle and removes the offense of escape from custody from these minimum prison term requirements. Additionally, this act modifies the offense of resisting, interfering with, escaping, or attempting to escape from arrest, detention, stop, or custody, by adding that a person is guilty of such offense if he or she, while being held in custody after a stop, detention, or arrest, escapes or attempts to escape from such custody. Such offense shall be a Class A misdemeanor, unless the stop was for: • A felony offense; • A warrant issued for failure to appear on a felony case; • A warrant issued for a probation violation on a felony case; • While resisting or escaping from a stop or arrest, the person flees and creates a substantial risk of serious physical injury or death to any person; or • The escape or attempt to escape while in custody was for a felony; Then it shall be a Class E felony; except that, if such escape is committed by means of a deadly weapon or by holding any person hostage it is a Class A felony. Additionally, the prosecution is not required to prove the defendant knew why he or she was being stopped or arrested. This act creates the offense of resisting arrest by fleeing in or on a motor vehicle if he or she resists an arrest, stop, or detention by fleeing in or on a motor vehicle from a law enforcement officer and, during the course of fleeing, drives at a speed or in a manner that demonstrates a disregard for the safety of any person or property. This offense is a Class E felony, unless the person has been previously convicted of this offense, in which case it is a Class D felony. This act also creates the offense of aggravated resisting arrest by fleeing in or on a motor vehicle if he or she resists an arrest or stop by fleeing in or on a motor vehicle from a law enforcement officer and drives at a speed or in a manner that demonstrates a disregard for the safety of any person or property and that results in serious bodily injury or death to another person. This offense is a Class D felony, unless the person has been previously convicted of this offense, in which case it is a Class C felony. Finally, under current law, certain offenses are not eligible for expungement. This act adds the offenses of resisting arrest and resisting arrest by fleeing in a motor vehicle and removes the offense of escape from custody from offenses not eligible for expungement. These provisions are identical to HB 251 (2023) and SB 1025 (2022). CREDIT FOR TIME SERVED (Section 558.031) Under current law, a person can receive credit toward a sentence of imprisonment for all jail time served after conviction and before the commencement of the sentence. This act provides that a person shall receive credit toward a sentence of imprisonment for all jail time served after the offense occurred. The credit shall be based on the certificate of all applicable jail-time credit from the sheriff who delivered the person into confinement in a correctional center. Additionally, the court may award additional credit for time spent in prison after the offense occurred and before the commencement of the sentence when pronouncing the sentence. This provision is identical to a provision in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), HS/HCS/HBs 1108 & 1181 (2023), HCS/HB 1133 (2023), and SB 650 (2023). INFORMATION FROM PAROLE OFFICERS (Section 559.125) This act modifies provisions relating to privileged information received by probation or parole officers which shall not be receivable in any court unless for lawful criminal matters. This provision is identical to a provision in the perfected HB 196 (2023) and substantially similar to HB 776 (2023). SEXUAL OFFENSES (Sections 566.151 & 567.030) Under current law, a person over 21 years old commits the offense of enticement of a child if he or she persuades any person less than 15 years old to engage in sexual conduct. This act changes the age to less than 17 years old. Additionally, this act modifies the offense of patronizing prostitution if the person patronized for prostitution is ages 15 to 17 it shall be a Class E felony and if the person is less than 15 years old it shall be a Class B felony. These provisions are identical to provisions in HS/HCS/HBs 1108 & 1181 (2023), SCS/HB 2697, et al (2022), SCS/HB 2088, et al (2022), HB 1637 (2022), and HB 2590 (2022). OFFENSE OF USE OF A MINOR (Section 568.075) This act creates the offense of use of a minor to commit a crime if the person is 18 years or older and intentionally uses a minor to commit a crime. This offense is a class E felony for the first offense, a class D felony for a second offense, and a class C felony or a third or any subsequent offense. This provision is identical to HB 835 (2023). OFFENSE OF PROPERTY DAMAGE IN THE FIRST DEGREE (Sections 569.010 & 569.100) This act adds to the offense of property damage in the first degree if such person knowingly damages, modifies, or destroys a teller machine or otherwise makes it inoperable. This offense is a class D felony unless committed for the purpose of executing any scheme or artifice to defraud or obtain any property, the value of which exceeds $750 or the damage to the teller machine exceeds $750, in which case it is a class C felony. It shall be a class B felony if committed for the purpose of obtaining the personal financial credentials of another person or if the person has committed a second or subsequent offense of damaging a teller machine. This provision is identical to the truly agreed to and finally passed CCS/HCS/SB 186 (2023), HS/HCS/HBs 1108 & 1181 (2023), and SCS/SB 831 (2022). OFFENSE OF STEALING (Section 570.010 & 570.030) This act adds that the offense of stealing shall be a class C felony if the property stolen is a teller machine or the contents of a teller machine including cash regardless of the value or amount stolen. Additionally, this act adds that the offense of stealing shall be a class E felony if the property stolen is a letter, post card, or package delivered by common carrier. This provision is identical to the truly agreed to and finally passed CCS/HCS/SB 186 (2023), HS/HCS/HBs 1108 & 1181 (2023), and SCS/SB 831 (2022). TAMPERING WITH ELECTRONIC MONITORING EQUIPMENT (Section 575.205) This act modifies the offense of tampering with electronic monitoring equipment to provide that a person commits the offense if he or she intentionally removes, alters, tampers with, damages, destroys, fails to charge, or otherwise disables electronic monitoring equipment which a court or the Parole Board has required such person to wear. The offense of tampering with electronic monitoring equipment if the person fails to charge or otherwise disables the electronic monitoring equipment is a Class E felony, unless the offense for which the person was placed on electronic monitoring was a misdemeanor, in which case it is a Class A misdemeanor. This act is identical to SB 878 (2023) and to provisions in HS/HCS/HBs 1108 & 1181 (2023), HB 1637 (2022), HB 1547 (2022), SCS/HB 2088, et al (2022), and SCS/HB 2697, et al (2022) and similar to SB 619 (2021) and HCS/HB 156 (2021). OFFENSE OF DELIVERY OF A CONTROLLED SUBSTANCE (Sections 579.021 & 579.022) This act creates the offenses of delivery of a controlled substance causing serious physical injury which shall be a class C felony. This act also creates the offense of delivery of a controlled substance causing death which shall be a class A felony. This provision is identical to a provision in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and HS/HCS/HBs 1108 & 1181 (2023). DRUG TRAFFICKING (Sections 579.065 & 579.068) Under current law, a person commits the offense of drug trafficking in the first or second degree if he or she is distributing or purchasing more than 8 grams or more than 24 grams of a mixture containing a cocaine base. This act repeals those provisions. Additionally, this act changes the offense from 20 milligrams or more of fentanyl to 14 or more milligrams. These provisions are identical to provisions in the truly agreed to and finally passed SS/SCS/SBs 189 (2023) and HS/HCS/HBs 1108 & 1181 (2023) and substantially similar to provisions in HCS/HB 1133 (2023) and SB 705 (2023). SEXUAL OFFENDER REGISTRY (Section 589.401, 589.403, 589.410, & 589.414) Under current law, certain sexual offenders who are required to register as a sexual offender are not eligible to petition the court to have his or her name removed from the sexual offender registry. This act provides that the following people are not eligible to file a petition for removal from the sexual offender registry: • Any tier III offender; • Any person who is currently a resident of this state who has been convicted of a sexual offense in another state which would require him or her to register in this state or any person who has registered as a sexual offender on the federal sexual offender registry or other state sexual offender registry; or • Any person who was required to register for a sexual offense against a minor or against an incapacitated person. Additionally, this act provides that if an offender is currently registered and released from a correctional facility, the official in charge of a correctional facility shall inform the chief law enforcement official of the county where the offender is registered of the offender's release. The chief law enforcement official shall also enter the completed offender form into the Missouri State Highway Patrol's Sex Offender registration system within three days and the Missouri State Highway Patrol shall forward the form to the National Crime Information Center. Finally, this act changes offenses which are currently tier I and II sexual offenses to tier III offenses as provided in the act. These provisions are identical to provisions in HS/HCS/HBs 1108 & 1181 (2023) and to SB 656 (2023). CRIME VICTIMS' COMPENSATION FUND (Section 595.045) This act adds that a person who pleads guilty to a class E felony shall pay a fee of $46 payable to the Crime Victims' Compensation Fund. This provision is identical to a provision in HS/HCS/HBs 1108 & 1181 (2023). CLOSED RECORDS (Section 610.021) This act provides that information on security measures, data provided to a tip line, or information in a suspicious activity report provided to certain public entities shall be closed records. This provision is identical to a provision in HS/HCS/HBs 1108 & 1181 (2023). MARY GRACE PRINGLE