HCS HB 835, 90, 707, 373, 641, 510, 516 & 572 -- OMNIBUS CRIME
BILL

SPONSOR:  Hosmer (Britt)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Criminal
Law by a vote of 11 to 0.

This substitute enacts various changes pertaining to criminal
law.  In its main provisions, the substitute:

(1)  Allows county commissions to create county crime reduction
funds and specifies the purposes for which the money in the
funds can be spent.  The substitute allows the court to order
restorative justice methods in cases where there is a suspended
imposition or execution of sentence and to order individuals who
have a suspended imposition or execution of sentence for a
misdemeanor to make a payment of up to $1,000 to the county
crime reduction fund (Sections 50.550, 50.555, and 558.019,
RSMo);

(2)  Requires itinerant vendors and peddlers to show receipts to
law enforcement officers for new and unused property being
sold.  "New and unused property" is defined as property that has
not been used and is still in its original packaging (Sections
150.465 and 570.010);

(3)  Makes changes to the crime of institutional vandalism.
Currently, if damages are less than $1,000, institutional
vandalism is considered a class A misdemeanor; if damages are
more than $1,000, it is a class D felony; and if damages are
more than $5,000, it is a class C felony.  The substitute
revises the penalties as follows:  if damages are less than
$500, institutional vandalism is a class A misdemeanor; if
damages are more than $500, it is a class D felony; and if
damages are more than $10,000, it is a class C felony.  In
addition, if damages are more than $100,000, incarceration of 7
years without probation or parole is required.  In all cases of
institutional vandalism, the offender must pay restitution for
damages to property.  The substitute also gives the right of
civil action for damages or losses to owners of property
adjacent to cemeteries and to caretakers of abandoned family
cemeteries.  Currently, only those who incur bodily injury or
damage to personal property have a right to civil relief
(Sections 214.131, 537.523, and 574.085);

(4)  Allows minimum terms for parole eligibility for offenders
with consecutive life sentences to exceed the minimum term for
parole eligibility for an ordinary life sentence (Section
217.690);

(5)  Establishes minimum periods of incarceration for operating
a vehicle or motorcycle upon any state highway without a valid
driver's license.  The minimums are 48 hours for a first
conviction, 10 days for a second conviction, 30 days for a third
conviction, and one year for a fourth or subsequent conviction.
Currently, the crime is a class A misdemeanor for a first or
second conviction, which is punishable with either a $1,000 fine
or one year's imprisonment.  For 3 or more convictions, the
crime is a class D felony, which is punishable with up to 5
year's imprisonment or a fine of $5,000.  These sentences will
remain in effect in conjunction with the new incarceration
requirement.  The substitute also changes the penalty for
driving with a revoked license.  The substitute eliminates the
provision that allows persons in violation to avoid imprisonment
if community service is a condition of parole or probation.  As
a result, driving with a revoked license is punishable with a
minimum of 48 hours of incarceration for a first conviction, 10
days for a second conviction, 30 days for a third conviction,
and a minimum of one year for 4 or more convictions (Sections
302.020 and 302.321);

(6)  Requires that persons convicted of stealing for leaving
without paying for motor fuel, in addition to any other criminal
penalties imposed, have their drivers' licenses suspended.  The
suspensions will be imposed as follows:  60 days, with hardship
license eligibility after the first 30 days, for a first
violation; 90 days, with hardship license eligibility after the
first 30 days, for a second violation; 180 days, with hardship
license eligibility after the first 90 days, for the third
violation or any subsequent violations (Section 302.286);

(7)  Creates the crime of theft of services, which is a class C
felony if the value of the services is $750 or more and a class
A misdemeanor for services less than $750.  An offender commits
the crime if he or she contracts with a transportation of
property provider and, after the property has been delivered,
fails to make payment on the contract.  Intent to avoid payment
may be presumed if the offender does not make the required
payment in the time specified or does not make payment within 30
days if no time was specified (Section 407.308);

(8)  Permits law enforcement officials to detain a person for 32
hours without charging a crime if the person has been arrested
for first degree assault or robbery, forcible rape or sodomy, or
distribution or manufacture of drugs.  Currently, a person who
is arrested for these offenses must be released within 20 hours
unless charged with a crime (Section 544.170);

(9)  Creates a commission on the death penalty, which is created
to study all aspects of the death penalty in Missouri.  The
substitute designates the members of the commission and directs
it to hold public hearings.  The commission's findings, which
must include recommendations for corrective amendments to the
statutes and court rules, are to be available to the Governor,
the Legislature, and the Supreme Court by January 1, 2004
(Section 565.042);

(10)  Prohibits human cloning or attempted human cloning.  The
substitute makes human cloning a felony punishable by
imprisonment for no more than 10 years and a fine of no more
than $10 million (Section 565.310);

(11)  Allows to be admissible as evidence of intent to steal the
possession, use, transfer, or reproduction of a sales receipt,
tag, or universal price code (Section 570.030);

(12)  Makes stealing a class A misdemeanor if the property or
services are worth less than $425 and a class C felony if the
value is $425 or more.  Currently, stealing is a class A
misdemeanor for property valued less than $750 and a class C
felony for property worth $750 or more (Section 570.030);

(13)  Makes receiving stolen property a class A misdemeanor if
the property is valued at less than $150 and a class D felony if
it is worth at least $150 but not more than $425.  The
substitute makes receiving stolen property a class C felony if
the property is valued at $425 or more or if the person
receiving the property is a dealer in goods of the type in
question.  Currently, receiving stolen property worth less than
$150 is a class A misdemeanor and a class C felony for property
worth $150 or more (Section 570.080);

(14)  Expands the definition of forgery to include the making of
receipts and universal product codes and the knowing use or
transfer of forged receipts and universal product codes (Section
570.090);

(15)  Makes several changes to the crime of passing bad checks.
The substitute allows the prosecuting attorney to charge, in
addition to any other costs and fees, an administrative handling
cost of $25 per bad check.  If the bad check is for $100 or
more, an additional fee of 10% of the check may be assessed, not
to exceed $50.  Currently, prosecutors may recover
administrative handling costs of $5 for checks less than $10;
$10 for checks of $10, but less than $100; and $25 for checks of
$100 or more.  The substitute also requires the prosecutor to
collect from the issuer of a bad check a reasonable service
charge to turn over to the recipient of the bad check.
Currently, this is a discretionary duty.  If a check is
dishonored but not referred to the prosecutor, the substitute
allows the recipient to collect from the issuer the face amount
of the check, a reasonable service charge not to exceed $30, and
an amount equal to the charge by the bank for the return of each
check (Section 570.120).

FISCAL NOTE:  Estimated Net Cost to General Revenue Fund of
$1,248,869 to Unknown in FY 2002, $2,660,360 to Unknown in FY
2003, and $4,517,589 to Unknown in FY 2004.  Cost to Highway
Fund of $6,000 in FY 2002, and $0 in FY 2003 and FY 2004.
Estimated Net Effect to State School Moneys Fund of $0 in FY
2002, FY 2003, and FY 2004.

PROPONENTS:  Supporters of HB 835 (county crime reduction fund)
say that this legislation is necessary to allow the creation of
crime reduction funds in certain counties.  These funds already
existed in certain counties but were struck down by a court
decision that cited the need for specific legislative authority,
which this legislation would give.  Supporters also indicate
that several problems that existed in past versions of this
legislation, such as those cited in the Governor's veto of SB
335 (1999), have been remedied in the current version.

Supporters of HB 90 (driving with revoked license) say that 20%
of all fatal accidents nationally, and 8.8% statewide, are
caused by persons with revoked licenses, suspended licenses, or
no licenses, therefore showing the need for stiffer penalties.

Supporters of HB 707 (parole eligibility for persons with
multiple life sentences) say that persons who have committed the
types of violent crimes that would subject them to multiple life
sentences should not be eligible for parole until all of the
years necessary for minimum parole eligibility in each of their
sentences have been consecutively served.

Supporters of HB 373 (motor fuel theft) say that statistics show
recent increases in gas thefts.  Supporters believe that the
current penalties are not enough incentive for prosecutors to
bring these cases, and that license revocation would be a
greater deterrent.

Supporters of HB 641 (32-hour holding period) say that
Missouri's standard holding period is the shortest in the nation
and needs to be increased since it does not provide the time
necessary to secure indictments in many cases.  Supporters cite
the dangers involved in releasing and re-arresting suspects when
the existing holding period does not provide enough time to run
the testing necessary for an indictment.  Supporters also state
that suspects still have rights of redress if they were held
longer than necessary or if they were held without probable
cause, and that this legislation cannot impact those
constitutionally-based rights.

Supporters of HB 510 (institutional/cemetery vandalism) say that
cemetery caretakers currently cannot file civil actions against
vandals, thus their ability to prevent vandalism and to remedy
past vandalism would be enhanced if they were given this
ability.  In addition, supporters state the need for stronger
criminal penalties for deterrence and prosecution purposes.

Supporters of HB 516 (stealing, passing bad checks) say that new
protections are necessary to stop the increasing trade in, and
use of, counterfeited bar codes, and that Missouri's stealing
penalties need to be updated and made uniform.

Supporters of HB 572 (passing bad checks) say that it would
standardize the charges by merchants on bad checks and would
give greater incentives for prosecutors to proceed in cases
against passers of bad checks.

Testifying for the bill were Representatives Britt (HB 835),
Ross (HB 90), Barnett (HB 707), Crump (HB 373), Jolly (HB 641),
Overschmidt (HB 510), Griesheimer (HB 510), Richardson (HB 516),
and Dolan (HB 572); Missouri Sheriffs Association (HB 835);
Missouri Petroleum Marketers and Convenience Stores Association
(HB 373); Casey's General Stores (HB 373); Kansas City Police
Department (HB 641); Missouri Police Chiefs Association (HB
641); Missouri State Fraternal Order of Police (HB 641); Kansas
City Police Officers Association (HB 641); Missouri Prosecutors
Association (HB 641); and Missouri Retailers Association (HB's
516, 572).

OPPONENTS:  Those who oppose HB 641 say that the bill may
impinge on suspects' civil rights and that the increased hold
time gives greater opportunities for coerced police confessions
or admissions.  Opponents also stated that the new provision
allowing police officers to be prosecuted for violating the hold
period is misleading, since no prosecutor would be likely to
bring such a charge.

Testifying against HB 641 was Missouri Association of Criminal
Defense Lawyers.

Greg Linhares, Legislative Analyst

Missouri House of Representatives
Last Updated November 26, 2001 at 11:46 am