HB 557 -- Criminal Justice System

Sponsor:  Baker (25)

This bill changes the laws regarding the criminal justice system.
In its main provisions, the bill:

(1)  Requires a $5 surcharge to be assessed in all criminal
cases, including traffic violation infractions.  The surcharge
will be used to fund the Missouri Laboratory Oversight Committee
Revolving Fund and the Justice Improvement Fund;

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

(3)  Requires any interview of a person who appears to suffer
from some form of mental retardation be electronically recorded
when the interview occurs in a police facility and is related to
a felony.  If the person is under the age of 12 or if the peace
officer reasonably believes that the person has significant
learning disabilities, the questions posed to that individual may
not be leading;

(4)  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, 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;

(5)  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;

(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 used in any felony conviction.  Currently, only
convictions for a sex offense or a crime against a person are
required to be preserved;

(8)  Establishes the 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 to sanction
a laboratory or its personnel for violations of scientific
testing protocols;

(9)  Creates the State Crime Laboratory Oversight Committee
Revolving Fund which will pay for, upon committee approval, the
DNA testing of incarcerated persons, the purchasing of new
equipment for the crime labs, and the training of crime lab
personnel;

(10)  Creates the Justice Improvement Fund to provide
scholarships for training and educational programs for law
enforcement officers;

(11)  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

(12)  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
93rd General Assembly, 1st Regular Session
Last Updated August 25, 2005 at 1:19 pm