HS HCS SS SCS SB 5 -- CRIME

This bill makes a variety of changes in the laws relating to
crime.

SENTENCING PROVISIONS

In its provisions regarding criminal sentencing, the bill:

(1)  Increases the penalty for endangering the welfare of a child
in the first degree from a class D felony to a class C felony;

(2)  Increases the penalty for stealing less than $500 worth of
materials used to manufacture methamphetamine from a class D
felony to a class C felony;

(3)  Increases the penalty for stealing anhydrous ammonia or
liquid nitrogen (materials used to manufacture methamphetamine)
from a class C felony to a class B felony;

(4)  Decreases the penalty for a second stealing-related offense
within a 10-year period from a class C felony to a class D
felony;

(5)  Reduces the maximum sentence for persistent or dangerous
offenders convicted of a class C or class D felony.  For a class
C felony, the maximum sentence is reduced from 20 years to 15
years, and for a class D felony the maximum is reduced from 10
years to seven years;

(6)  Decreases the maximum sentence for a class D felony from
five years to four years; and

(7)  Amends the definition of "dangerous felony" to include
assault of a law enforcement officer in the first degree,
domestic assault in the first degree, elder abuse in the first
degree, statutory rape and statutory sodomy when the victim is
under the age of 12, and abuse of a child when the abuse results
in the death of the child.

ALTERNATIVE SENTENCING

In its provisions relating to alternative sentencing, the bill:

(1)  Allows the court to recommend that an offender be placed
into a 120-day substance abuse treatment program conducted by the
Department of Corrections.  The department will determine whether
the offender meets all eligibility requirements.  Once the
department determines an offender has successfully completed the
treatment program, the offender will be released on probation,
unless the court determines that a probationary release would be
an abuse of discretion.  The court, after a hearing, may order
the execution of the offender's entire sentence.  If the
department's treatment program is full, the court may place the
offender in a private treatment program, paid for by the
offender.  The court may grant probation to an offender convicted
of a nonviolent class C or class D felony, while he or she is
awaiting placement in a treatment program;

(2)  Allows an offender who has no prior prison commitments and
who is convicted of a nonviolent class C or class D felony to
petition the court for probation, parole, or other alternative
sentencing after serving 120 days of his or her sentence.  A
hearing will be conducted only if the court deems it necessary.
The department must submit a report to the sentencing court with
its recommendations.  If the report is favorable and recommends
alternative sentencing, the court must follow the recommendation,
unless the court rules that doing so would not be appropriate in
that case;

(3)  Allows an offender's first incarceration to not count as a
prior conviction (in determining sentencing for a subsequent
conviction) when the offender successfully completes substance
abuse treatment and is granted probation;

(4)  Grants the Board of Probation and Parole the authority to
order the detention of an offender for up to 48 hours for
violation of probation and parole, when the offender's probation
or parole officer determines that the offender has violated a
condition of probation or parole.  Under current law, this
detention requires a court order;

(5)  Requires the Sentencing Advisory Commission to examine all
alternative sentencing programs and review how Missouri's
sentencing practices compare with those of other states; and

(6)  Removes the requirement that the Board of Probation and
Parole provide probation services to the court for class A
misdemeanor convictions for stealing.

CRIMINAL FORFEITURES

The bill requires each law enforcement agency receiving proceeds
via the federal criminal forfeiture system to send a copy of its
annual independent audit to the Department of Public Safety and
prohibits the department from issuing funds to any law
enforcement agency failing to comply.

TRIALS

The bill divides all criminal cases submitted to a jury into two
stages.  The jury must first determine whether the defendant is
guilty or not guilty and then must decide upon a sentence after
hearing evidence supporting or mitigating punishment.

The bill grants crime victims the right to attend all criminal
proceedings of their case, even though the victim may later be
called to testify.  Current law allows a judge to exclude
witnesses in any criminal proceeding while another witness is
testifying.

CIRCUIT JUDGESHIP

The bill adds a circuit court judgeship to the 13th Circuit
(Boone and Callaway counties) to be elected in 2006.

POLICE OFFICERS

The bill clarifies that police officers may carry concealed
weapons while off-duty and outside of their jurisdiction.

The bill also clarifies that the Kansas City Board of Police
Commissioners has the sole authority to determine conditions of
employment for the city's police officers.

SEX OFFENDER REGISTRATION

Current law requires the county sheriff to forward the county's
sex offender registration list to the law enforcement agencies of
any city, town, or village in the county.  The bill requires the
list to be forwarded to the law enforcement agency for any
college or university located within the county.

The bill also requires sex offenders to include in their
registration information whether they are enrolled in a college
and to update their registration information within seven days of
changing their enrollment or employment with a college within the
state.

CRIMINAL COURT SURCHARGES

The bill decreases the county's funding of the prosecutors
retirement fund by 50% and replaces that funding with a surcharge
of $4 on all criminal cases.

The bill allows the governing body of any county or city to adopt
a $2 surcharge on all criminal cases for the funding of an Inmate
Security Fund.  The fund is to be used to develop a biometric
identification system that would identify and track inmates in
the local jails.

DRUG TAMPERING

The bill creates the crime of tampering with a prescription drug,
a class A felony.  The crime is committed when a pharmacist sells
an altered or diluted prescription drug with the intention of
misleading the purchaser.

ASSAULT ON EMERGENCY PERSONNEL

The bill changes the crime of assault on a law enforcement
officer to assault on a law enforcement officer or emergency
personnel and defines the term "emergency personnel."

The bill contains an emergency clause.

Missouri House of Representatives
Last Updated July 25, 2003 at 10:13 am