HB 737 -- Crime

Sponsor:  Riback Wilson (25)

This bill makes several changes in the laws governing the
criminal justice system.  The bill:

(1)  Requires that all interviews of suspects or witnesses in
homicide investigations be taped when they are conducted in a
police station;

(2)  Requires police to record any interview with a person who
appears to suffer from some form of mental retardation and
requires that all questions posed to the person not be leading so
as to unduly suggest the answer;

(3)  Requires prosecutors to obtain a sworn affidavit from any
witness testifying about admissions made by a defendant while the
defendant and the witness were incarcerated.  The affidavit must
be obtained at least seven days before the witness testifies and
must set forth a list of facts, including the consideration
provided by the prosecution for the witness's cooperation and
whether the witness has testified in any other cases previously.
The Department of Public Safety must keep a registry of all these
witnesses and retain copies of these affidavits;

(4)  Requires police to provide to the prosecutor a complete list
of all pieces of evidence, as well as the name and contact
information for all witnesses.  This list must be certified and
provided to the prosecutor within 10 days of the presentment of
the investigation to the prosecutor.  The police must update the
list every 30 days until the case is closed;

(5)  Makes admissible any test that has been conducted on the
defendant, whether it be exculpatory or inculpatory;

(6)  Requires the department to provide all law enforcement in
the state with a standardized eyewitness evidence form.  The form
must be used whenever the witness did not know the suspect at the
time of the crime.  The department must promulgate an eyewitness
evidence protocol regarding the viewing of suspect line-ups or
photo-spreads.  A violation of the protocol will require that the
jury be instructed as to the risks of mistaken eyewitness
identification.  If eyewitness testimony is provided at trial,
the jury must be instructed as to its reliability;

(7)  Requires the preservation of any evidence that can be tested
for DNA, when the evidence was used in any felony conviction.
Current law requires preservation only with convictions for a sex
offense or a crime against a person;

(8)  Creates a State Crime Laboratory Oversight Committee,
composed of seven persons with a legal, medical, or law
enforcement background, appointed by the Governor.  The committee
will have the authority to issue public reprimands or sanction a
laboratory or its personnel for violations of scientific testing
protocol.  The bill creates a $5 surcharge to be assessed in all
criminal cases for the Missouri Laboratory Oversight Committee
Revolving Fund.  This fund will also pay for the DNA testing of
incarcerated persons, the purchasing of new equipment for the
crime labs, and the providing of training for crime lab
personnel, as the committee may direct;

(9)  Requires crime labs to keep records for seven years,
including their technician lab notes, methodology, protocols,
auditing procedures, proficiency testing results, and any
equipment testing or calibration records; and

(10)  Requires the department to promulgate a standard salary
compensation level for all law enforcement officers in the state
and post its recommendations on the department's web site.

Missouri House of Representatives
Last Updated July 25, 2003 at 10:12 am