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

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 (Sections 50.550, 550.555, and 558.019, RSMo);

(2)  Requires itinerant vendors and peddlers to show receipts to
law enforcement officers for new and unused property being sold
(Sections 150.465 and 570.010);

(3)  Adds distributing or delivering more than 30 grams of any
compound which contains any quantity of 3,4--
methylenedioxymethamphetamine (commonly known as Ecstasy) to the
crime of trafficking in drugs in the first degree.  If the
quantity involved is between 30 and 90 grams, it is a class A
felony.  If the quantity is 90 grams or more or is 30 grams or
more and the offense occurred in certain listed locations, it is
a class A felony without the possibility of probation or
parole.  The substitute also adds possessing or purchasing more
than 30 grams of any compound which contains any quantity of
3,4-methylenedioxymethamphetamine to the crime of trafficking in
drugs in the second degree.  If the quantity involved is between
30 and 90 grams, it is a class B felony.  If the quantity
involved is between 90 and 450 grams, it is a class A felony.
If the quantity involved is more than 450 grams, it is a class A
felony without the possibility of probation or parole (Sections
195.222 and 195.223);

(4)  Creates new criminal laws regulating the sale or possession
of ephedrine, pseudoephedrine, or phenylpropanolamine, which are
commonly used in the manufacture of methamphetamine.  The
substitute requires manufacturers or wholesalers of the products
to forward all federal reports of suspicious transactions to
local authorities.  Failure to report a suspicious transaction
is a class D felony.  The substitute also prohibits the
possession of more than 5 grams of ephedrine or 12 grams of
pseudoephedrine.  This prohibition does not apply to
pharmacists, physicians, other medical professionals,
manufacturers, wholesalers, distributors, or any person in their
residence under circumstances consistent with typical medicinal
or household use.  Possession of more than the specified amounts
is prima facie evidence of intent to manufacture methamphetamine
or other controlled substances and is a class D felony for the
first offense and a class C felony for the second or any
subsequent offense.  The sale or distribution of any product
containing ephedrine, pseudoephedrine, or phenylpropanolamine is
also prohibited if the person knows that the purchaser will use
the product as a precursor to manufacturing methamphetamine or
other controlled substances or if the person sells the product
with reckless disregard for its use.  A violation of this
provision is a class D felony or a class C felony for the second
or any subsequent offense.  Finally, the substitute prohibits
the purchase of, or the sale or distribution by a retail
distributor or employee in a single transaction of various
quantities of products known to contain ephedrine,
pseudoephedrine, or phenylpropanolamine.  A violation of this
provision is a class A misdemeanor.  This provision lists
certain exceptions.  Owners or operators of outlets where these
substances are sold will not be subject to prosecution on
employee violations if they provide an employee training program
(Sections 195.515 to 195.524);

(5)  Adds the Southeast Missouri Network Against Sexual Violence
and the Lakes Area Child Advocacy Center to the list of child
assessment centers eligible for funding by the Department of
Social Services (Section 210.001);

(6)  Adds felony stalking to the list of state and federal funds
disqualifiers for in-home child care providers (Section 210.025);

(7)  Adds communications to a minister or clergyperson to the
exemption from required child abuse reporting (Section 210.140);

(8)  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);

(9)  Creates the Corrections Officer Standards and Training
Commission within the Department of Corrections.  The substitute
requires the commission to establish a core curriculum,
continuing education programs, educational materials, and
training seminars and requires that all persons hired as
corrections officers after January 1, 2002, complete an
instructional program.  The substitute also provides for an
appeals process for any aggrieved employee to the Administrative
Hearing Commission (Sections 217.105, 590.105, and 590.200);

(10)  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);

(11)  Requires law enforcement officers, jailers, and the
Department of Corrections to conduct a check for outstanding
warrants on all prisoners, whether convicted or being held on
suspicion of charges.  Prisoners may not be released or
transferred before a check has taken place.  Failure to do so is
a class A misdemeanor (Section 221.510);

(12)  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
(Section 302.286);

(13)  Increases the statutory driver's license point penalty for
careless and imprudent driving when an accident occurs in which
any person dies or receives serious or moderate physical injury
and lowers the blood alcohol content for driver's license point
penalty purposes from .10 to .08 (Section 302.302);

(14)  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 (Section 302.321);

(15)  Creates new penalties for driving in a careless and
imprudent manner at a rate of speed so as to cause moderate or
serious physical injury, a class A misdemeanor (Section 304.012);

(16)  Establishes licensing requirements through the Department
of Insurance for general bail bond agents, bail bond agents, and
surety recovery agents (bounty hunters).  General bail bond
agents are allowed to act only through a licensed bail bond
agent.  A bail bond agent is required to hold an appointment by
a general bail bond agent and to have a numbered power of
attorney.  Appearance bonds issued by the bail bond agent cannot
exceed the amount specified in the power of attorney.

Applicants are required to demonstrate that they have obtained a
bond or insurance policy of at least $300,000 for damage to
persons or property caused by the applicant.  Applicants for
general bail bond agent licenses are required to demonstrate
that they have liquid assets and an assignment to the state in a
specified amount based on the number of bail bond agents
employed.

Licensees are prohibited from making agreements with certain
officials or attorneys in order to reduce the amount of a bond,
and a licensee is not permitted to accept anything from a
principal other than the premium or collateral security.  The
substitute lists the grounds for discipline of a licensee and
the procedure for disciplinary action before the Administrative
Hearings Commission.

Bail bond agents are required to notify and submit certified
copies of all pertinent paperwork to local law enforcement
officials prior to making or attempting an apprehension.  Local
law enforcement officials may accompany the agent.  Violations
will be a class A misdemeanor for first offenses and a class D
felony for subsequent offenses.  Bail bond agents who wrongfully
cause damages to persons or property are liable for the damages,
which may include punitive damages.

The substitute defines a surety recovery agent as any person who
tracks down, captures, and surrenders custody of a fugitive to
the court.  Surety recovery agents are required to be licensed
by the Department of Insurance and to possess a $1 million bond
or insurance policy.

A surety recovery agent is required to inform local law
enforcement in the city or county where the agent is planning on
entering a residence in order to capture a fugitive, and local
law enforcement may accompany the surety recovery agent.
Failure to report to local law enforcement is a class A
misdemeanor for the first offense and a class D felony for any
subsequent violations.

A surety recovery agent with probable cause to believe a person
has failed to appear in court or otherwise breached the terms of
a bond may use all lawful means to arrest the person, including
detaining the subject for up to 72 hours, transporting the
subject to another county or state, and entering upon private
property in a reasonable manner.  Engaging in fugitive recovery
without a valid license is a class D felony.  In addition,
anyone engaging in fugitive recovery who wrongfully causes
damage to property or person is liable for damages and may be
assessed punitive damages (Sections 374.715, 374.755, and
374.695 to 374.789);

(17)  Allows certain sexual-crime defendants to be physically
excluded from the room in which child victims are being deposed
(Section 491.707);

(18)  Lowers the jury disqualification age from 21 to 18 and
allows a jury excuse for full-time students not residing within
20 miles of the summoning city or county (Sections 494.425 and
494.430);

(19)  Revises laws involving anhydrous ammonia and liquid
nitrogen.  The substitute:  (a) prohibits persons making
unauthorized removals of anhydrous ammonia from suing the legal
owners of the anhydrous ammonia for damages involved with the
removal, unless the owner is willfully or wantonly negligent;
(b) makes the theft of liquid nitrogen, or any attempt to steal
liquid nitrogen or anhydrous ammonia, a class C felony; (c)
makes the theft of anhydrous ammonia by appropriation of truck
or tank a class A felony; and (d) makes the possession of
anhydrous ammonia in a nonapproved container a class D felony
(Sections 537.297, 570.030, and 578.154);

(20)  Specifies venue for the charge of fraudulent credit card
use or a charge of stealing where a credit card is involved
(Section 541.455);

(21)  Authorizes the Attorney General to use all powers provided
by law to investigate technological crimes, including the
ability to apply for search warrants and subpoena witnesses and
other evidentiary materials and exempts nonprofit fund raising
solicitors from technological crimes laws (Sections 542.261,
542.276, 578.600, 578.605, and 578.610);

(22)  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);

(23)  Changes several laws regarding the use of DNA evidence in
criminal procedure.  The substitute:  (a) allows convicted
persons in the custody of the Department of Corrections to file
motions to seek DNA testing in cases where testing might reveal
the person's innocence, if certain procedural qualifications are
met; (b) instructs the Department of Public Safety to include in
its DNA profiling system a separate DNA database of persons
whose identity is unknown; (c) specifies the exact crimes for
which, when convicted, a DNA sample must be given.  Current law
states, without specifying exact crimes, that all violent
offenses in Chapter 565 and all sex offenses in Chapter 566
trigger testing; (d) phases in the time periods after which DNA
tests will be required for certain crimes; and (e) specifies the
procedures for requesting, searching, using, disseminating, and
expunging DNA profiles from the Missouri DNA profiling system
(Sections 547.035, 650.050, and 650.055);

(24)  Eliminates bail for defendants in cases of statutory rape
in the first degree and forcible sodomy (Section 547.170);

(25)  Eliminates the statute of limitations for prosecuting
forcible rape, attempted forcible rape, and forcible sodomy and
extends the statute of limitations for first degree arson,
second degree arson, and knowing burning or exploding to 5 years
(Section 556.036);

(26)  Adds statutory rape and statutory sodomy when the victim
is less than 12 years old, and abuse of the child when the child
dies, to the definition of "dangerous felony" as used in the
criminal code (Section 556.061);

(27)   Defines moderate physical injury as used in the criminal
code (Section 556.061);

(28)  Clarifies that defendants who are under supervision but
who are not incarcerated must pay court-ordered restitution and
subjects restitution to execution and levy in the same manner as
other civil judgments may be enforced (Sections 559.100 and
595.209);

(29)  Expands the crime of first degree involuntary manslaughter
to include persons who, while in the process of committing
certain drug crimes which cause the death of the victim, either
knowingly fail to summon aid or prohibit others from summoning
aid when a person's death could have been avoided if aid had
been summoned (Section 565.024);

(30)  Creates a commission on the death penalty 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);

(31)  Makes a person convicted of an assault ineligible to
receive a suspended imposition or execution of sentence,
probation, or a fine in lieu of imprisonment if the assault was
on a mass transit worker or passenger while waiting to board a
bus or light rail system (Sections 565.050, 565.060, and
565.070);

(32)  Expands the crime of tampering with a judicial officer to
include juvenile court officers (Section 565.084);

(33)  Makes it a class B misdemeanor for an owner or employee of
a long-term care facility or an in-home services provider agency
to have sexual contact with a resident of the facility or with a
client in his or her care.  Second or subsequent violations are
class A misdemeanors.  In addition, sexual intercourse or
deviant sexual intercourse in these cases is a class D felony,
and second or subsequent violations are class C felonies.  An
employee who is married to a resident or client and engages in
this activity with his or her spouse is exempt from
prosecution.  Consent of the victim is no defense to prosecution
of this crime (Section 565.200);

(34)  Clarifies that the offense of aggravated stalking includes
credible threats made by electronic communications, telephone,
or posted messages publicly accessible via a computer and
defines "unconsented contact" for stalking purposes to include
several threatening acts that do not involve contact (Section
565.225);

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

(36)  Revises the crime of child molestation in the first degree
by increasing the punishment to a class A felony for persons who
have pled guilty to or been convicted of an offense in another
state which would have been a Chapter 566 sexual crime in
Missouri (Section 566.067);

(37)  Redefines the crime of child molestation in the second
degree to apply to persons over 21 years who subject persons
under 16 years to sexual contact (current law applies to all
persons who subject persons under 17 years to sexual contact)
and changes the punishment for child molestation in the second
degree from a class A misdemeanor to a class D felony, unless
the defendant has previously pled guilty to or been convicted of
a Chapter 566 sexual crime in Missouri or a similar crime in
another jurisdiction, in which case it is a class C felony
(Section 566.068);

(38)  Creates the crimes of child molestation in the third and
fourth degrees, defines the crimes, and details their range of
punishments (Section 566.069);

(39)  Allows the punishments to be enhanced for the crimes of
sexual misconduct involving a child and sexual misconduct in the
first and second degrees if the defendant pled guilty to or was
convicted of a similar crime in another jurisdiction (Sections
566.083, 566.090, and 566.093);

(40)  Prohibits persons from engaging in sexual conduct with
animals, from causing other persons to engage in sexual conduct
with animals, and from permitting sexual conduct with animals on
premises under their charge or control.  A violation is a class
D felony, unless it occurs in the presence of a minor or unless
serious injury or death of the animal results, in which case it
is a class C felony.  Additionally, courts may prohibit
defendants from residing in households where animals are
present, may remove animals from defendants' households at their
expense, and may order psychological counseling and evaluation
for defendants at their expense (Section 566.111);

(41)  Requires sexual offenders who have been given a suspended
sentence to successfully complete a rehabilitation program.
Current law only requires participation (Sections 566.140 and
566.141);

(42)  Makes it a class B felony to buy or sell or attempt to buy
or sell any person less than 18 years of age, excluding
adoptions and legitimate legal custody negotiations (Section
568.176);

(43)  Expands the crime of causing a catastrophe, a class A
felony, to include the initiating of a computer virus and the
modifying, destroying, damaging, or disabling of any computer
network or program (Section 569.070);

(44)  Defines new and unused property, as well as value, for
purposes of theft statutes (Section 570.010 and 570.020);

(45)  Allows to be admissible as evidence of intent to steal:
(a) leaving the premises of a motor fuel sale without paying;
and (b) possession, use, transfer, or reproduction of a sales
receipt, tag, or universal price code (Section 570.030);

(46)  Makes both stealing and receiving stolen property class A
misdemeanors if the property or services are worth $500 or less,
a class D felony for more than $500 but not more than $1,000,
and a class C felony if the value is more than $1,000.
Currently, stealing is a class A misdemeanor for property valued
less than $750 and a class C felony for property worth $750 or
more, and  receiving stolen property is a class A misdemeanor
for property worth less than $150 and a class C felony for
property worth $150 or more (Sections 570.030 and 570.080);

(47)  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);

(48)  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);

(49)  Expands the crime of fraudulent use of a credit or debit
device to include paying personal property taxes with a card and
subsequently canceling payment after receiving new license tags
(Section 570.130);

(50)  Adds the crime of knowing use of a credit card or debit
card without the owner's consent to the list of existing credit
card fraud crimes.  The substitute raises the penalty for all
credit card fraud crimes from a class A misdemeanor to a class D
felony.  It also raises the penalty to a class C felony in any
case where the value of the illegally procured goods or services
is $10,000 or greater or for any second or subsequent offense of
any dollar amount (Section 570.135);

(51)  Makes several changes to unlawful use of weapons law.  The
substitute:  (a) makes discharging a firearm into the air on
certain holidays, except for sport, a class A misdemeanor; (b)
makes the threatening exhibition of a readily usable firearm, or
the carrying of a firearm with the intent to use it, when the
exhibition or carrying occurs on school property or at school
activities, a felony punishable by 5 to 7 years in prison; (c)
allows persons to carry concealed firearms in the passenger
compartment of a motor vehicle; (d) adds juvenile officers,
prosecuting attorneys, and circuit attorneys to the list of
persons exempted from the prohibitions against carrying a
concealed weapon or discharging a weapon incident to his or her
duties (Section 571.030);

(52)  Makes the penalty for unlawful possession of a concealable
firearm by either dangerous felons or persons possessing
controlled substances other than 35 grams or less of marijuana a
felony punishable by 5 to 7 years in prison.  Currently,
unlawful possession of a concealable firearm by dangerous felons
is a class C felony, and persons possessing controlled
substances are not mentioned in current statute (Section
571.070);

(53)  Creates the crime of eluding a law enforcement official.
Eluding a law enforcement official by use of a motor vehicle is
a class A misdemeanor (Section 575.155);

(54)  Increases the penalty for aiding in the escape of a
prisoner being held in custody or confinement on the basis of a
felony charge or conviction from a class D to a class B felony
(Section 575.230);

(55)  Adds being involved in a fatal motor vehicle collision and
being involved in a motor vehicle collision which caused a
serious physical injury where the person was issued a ticket to
the list of persons automatically deemed to have given consent
to blood alcohol testing (Section 577.020);

(56)  Creates a Drug Detection Program within the Department of
Public Safety for the purpose of granting money to local law
enforcement agencies for the purchase of drug dogs (Section
589.320);

(57)  Prohibits any person from being certified or employed as a
peace officer unless he or she is a resident of Missouri
(Section 590.132);

(58)  Extends the racial profiling law so that peace officers
will record the required information for every stop.  Current
law requires information only on stops for violations of motor
vehicle statutes or ordinances (Section 590.650);

(59)  Deletes a requirement that $50 be deducted from all crime
victims' compensation awards; raises a limitation on the amount
that can be recovered for loss of earnings or support from
gainful employment from $15,000 to $25,000; and excludes life
insurance proceeds from the benefits that are counted against
the amount recovered under the crime victims' compensation fund
(Sections 595.030 and 595.035);

(60)  Creates an Office of Victims of Crime within the
Department of Public Safety to promote victims' rights,
disseminate information on victims' rights and services, and
work with state and local agencies and organizations to
coordinate a response plan in the event of a catastrophic crime
(Section 595.045, 650.300, and 650.310);

(61)  Eliminates the primary purpose of victimization
requirement in the definition of "predatory acts" (Section
632.480); and

(62)  Prohibits a person or entity that has violated any state
statute or regulation relating to its performance on a contract
with the state or any political subdivision from contracting
with the state or any political subdivision for 3 years (Section
1).

FISCAL NOTE:  Estimated Net Cost to General Revenue Fund of
$2,880,497 to Unknown in FY 2002, $2,079,201 to Unknown in FY
2003, and $2,013,456 to Unknown in FY 2004.  Estimated Net
Effect to Insurance Dedicated Fund of a cost of $25,205 in FY
2002, an income of $3,968 in FY 2003, and an income of $3,050 in
FY 2004.  Estimated Net Income to Highway Fund of $25,867 in FY
2002, $50,386 in FY 2003, and $52,792 in FY 2004.  Estimated Net
Cost to Crime Victims' Compensation Fund of $2,465,258 to
Unknown in FY 2002, $2,958,310 to Unknown in FY 2003, and
$2,958,310 to Unknown in FY 2004.  Estimated Net Income to Tort
Victims' Compensation Fund of $0 to Unknown in FY 2002, FY 2003,
and FY 2004.

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