HJR 51 -- INTRODUCTION OF DEFENDANT'S PRIOR BAD ACTS

CO-SPONSORS:  Clayton, Gaw

COMMITTEE ACTION:  Voted "do pass" by the Committee on Criminal
Law by a vote of 17 to 0.

This proposed constitutional amendment allows admissible
evidence of previously charged and uncharged crimes to be
considered in criminal indictments or information.

FISCAL NOTE:  Estimated Net Cost to General Revenue Fund of
$43,800 in FY 2001, could exceed $100,000 in FY 2002, and could
exceed $100,000 in FY 2003.

PROPONENTS:  Supporters say that the amendment would make a
previously passed statute constitutional that allows evidence of
prior charged and uncharged crimes to be admissible in cases of
sexual offenses against children age 14 and younger.  Supporters
say that evidence of prior crimes is only admissible under a
limited number of common law exceptions, and this change would
not open the door to admissibility in other cases because it
would not be permissible under the due process clause.

Testifying for the bill were Representative Clayton; and
Missouri Prosecutors' Association.

OPPONENTS:  Those who oppose the amendment say that the bill of
rights should not be amended to make a statute valid, and the
house joint resolution is so broadly written that it would be
possible to make evidence of previous charged and uncharged
crimes admissible in circumstances other than those allowed
under common law.

Testifying against the bill was Missouri Association of Criminal
Defense Lawyers.

Sarah Madden, Legislative Analyst

HJR 51 -- Introduction of Defendant's Prior Acts

Co-Sponsors:  Clayton, Gaw

This proposed constitutional amendment allows admissible
evidence of previously charged and uncharged crimes to be
considered in criminal indictments or information.