HB 1700 -- Criminal Justice System

Sponsor:  Riback Wilson (25)

This bill makes changes in the laws regarding 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 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 which
lists the facts, including the consideration provided by the
prosecution for the witness's cooperation and whether the witness
has testified in any other cases previously, must be obtained at
least seven days before the witness testifies.  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 that 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 to be deposited into the Missouri Laboratory
Oversight Committee Revolving Fund.  This fund will pay for, upon
committee approval, the DNA testing of incarcerated persons, the
purchasing of new equipment for the crime labs, and the providing
of training for crime lab personnel;

(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
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:16 am