CCS SS SCS HCS HB 353 -- CRIME

This bill changes the laws regarding crime prevention.  In its
main provisions, the bill:

(1)  Removes a provision requiring defendants to be sentenced
according to the law in place at the time of sentencing, rather
than the law as it existed at the time of the crime, whenever the
change in law reduced the penalty for the offense (Section 1.160,
RSMo);

(2)  Authorizes Missouri Capitol Police officers to investigate
and arrest a person anywhere in Cole County when there is
probable cause to believe the person committed a crime within
their jurisdiction (Section 8.177);

(3)  Creates the Governor's Security Division within the State
Highway Patrol.  The division will provide transportation,
security, and protection for the Governor, the Governor's family,
and, at the discretion of the Superintendent of the State Highway
Patrol, other public officials (Sections 43.300 - 43.330);

(4)  Allows local law enforcement agencies to perform a criminal
record review of open records through the Missouri Uniform Law
Enforcement System (MULES) on persons applying for city or county
employment (Sections 43.535 and 43.543);

(5)  Allows cities and counties to submit fingerprints of job
applicants or licensees in certain occupations to the State
Highway Patrol for the purpose of conducting a criminal record
review (Section 43.543);

(6)  Allows different forms of identification for the purpose of
registering to vote (Sections 115.135 - 115.160);

(7)  Makes it a class C felony to fraudulently register to vote.
Currently, it is a class one election offense with a maximum of
five years' imprisonment (Section 115.631);

(8)  Prohibits any person convicted of a federal crime from
qualifying as a candidate for an elective public office (Section
115.348);

(9)  Adds salvia divinorum and 12 other compounds to the list of
controlled substances and clarifies which forms of anabolic
steroids are included within Schedule II controlled substances
(Section 195.017);

(10)  Gives the juvenile court concurrent jurisdiction with the
circuit court in cases involving children younger than 17 years
of age who violate state or municipal ordinances prohibiting the
possession or use of tobacco products (Section 211.031);

(11)  Requires lifetime supervision by the Board of Probation and
Parole for any person convicted of certain sex offenses when the
victim is younger than 14 years of age and the offender is
sentenced as a prior sex offender.  These offenders must be
electronically monitored using a global positioning system
(Sections 217.735 and 559.106);

(12)  Adds failure to register as a sex offender to the list of
violations for which the board provides supervision services
(Section 217.750);

(13)  Removes a requirement that the municipal judge must be an
attorney for any conviction for an intoxication-related offense
in that municipal court to be considered for the purposes of
sentence enhancement in any subsequent conviction (Sections
302.321, 302.541, 577.023, and 577.500);

(14)  Increases the penalty from a class C to a class B
misdemeanor for failure to yield to an emergency vehicle (Section
304.022);

(15)  Adds chemical urine tests to the list of tests that may be
conducted by the State Water Patrol to measure the blood-alcohol
content of a person operating a watercraft; increases from $200
to $500 the damage amount that requires the filing of an accident
report when there is damage to a watercraft; and prohibits the
use of any device that, when activated, allows a watercraft's
muffler to exceed the maximum decibel levels allowed by law
(Sections 306.112 - 306.147);

(16)  Requires all licensed pawnbrokers to report to law
enforcement personnel specific data regarding their transactions
(Section 367.031);

(17)  Prohibits employers, after January 1, 2006, from requiring
a person to use his or her Social Security number as an employee
number for any type of employment-related activity.  This section
contains an emergency clause (Section 407.1355);

(18)  Modifies the procedures for the appointment of a judge to
fill a temporary vacancy in a municipal court (Section 479.230);

(19)  Removes the requirement that photographs taken pursuant to
a search warrant must be filed with the court clerk after the
search is conducted (Section 542.276);

(20)  Allows law enforcement agencies to hold a suspect arrested
without a warrant for up to 24 hours before charging the person
with a crime.  Currently, suspects may be held for 24 hours when
arrested for a class A felony and 20 hours for lesser offenses
(Section 544.170);

(21)  Allows sheriffs to enter into agreements regarding the
housing of inmates in cases of a change of venue (Section
545.550);

(22)  Lengthens the statute of limitations, from three years to
five years, on the crimes of arson in the first and second degree
and knowingly burning or exploding property (Section 556.036);

(23)  Removes the provision allowing first-time offenders
convicted of a class C or class D nonviolent felony to petition
the court for early release after serving at least 120 days
(Section 558.016);

(24)  Removes a provision allowing the Board of Probation and
Parole to convert an offender's consecutive prison sentences into
concurrent sentences (Section 558.019);

(25)  Allows the court to add up to one year onto a person's
probationary period when the person has violated the terms of his
or her probation (Section 559.016);

(26)  Allows a prosecutor to file a motion seeking the revocation
of a person's probation and allows the court to temporarily
suspend a person's probationary period when issuing an arrest
warrant for the person (Section 559.036);

(27)  Adds probation and parole officers to the crimes of assault
on a law enforcement officer in the first, second, and third
degree (Sections 565.081 - 565.083);

(28)  Clarifies the crime of sexual misconduct involving a child.
The crime is committed when a person exposes his or her genitals
to a child younger than 14 years of age under circumstances in
which the person knows the conduct is likely to cause affront or
alarm to the child.  This section contains an emergency clause
(Section 566.083);

(29)  Creates the crime of sexual contact with a student, a class
D felony.  The crime is committed when a teacher has sexual
contact with a student on school property (Section 566.086);

(30)  Changes the laws regarding human trafficking and
establishes requirements for international matchmaking
organizations.  Intentionally providing false or incomplete
information required by these provisions is a class D felony
(Sections 566.200 - 566.223);

(31)  Expands the crime of endangering the welfare of a child in
the first degree, a class C felony.  Currently, a person commits
the offense if he or she produces or sells methamphetamine in the
presence of a child younger than 17 years of age.  The crime is
expanded to include producing, selling, or attempting to produce
the drug within the residence of the child (Section 568.045);

(32)  Expands the crime of endangering the welfare of a child in
the second degree, a class A misdemeanor.  The offense is
committed when a person operating a motor vehicle commits
involuntary manslaughter, assault in the second degree, driving
while intoxicated, or driving with excessive blood-alcohol
content while a child younger than 17 years of age is in the
vehicle (Section 568.050);

(33)  Expands the crime of arson in the first degree, a class A
felony, to include damage to a structure by fire or explosion
resulting from an attempt to produce methamphetamine (Section
569.040);

(34)  Increases the penalty from a class D felony to a class C
felony for the theft of materials to manufacture methamphetamine
and increases the penalty from a class C felony to a class B
felony for the theft of anhydrous ammonia or liquid nitrogen
(Section 570.030);

(35)  Expands the crime of passing a bad check by including any
other form of presentment involving the transmission of account
information.  The minimum charge for the administrative handling
costs assessed by the prosecuting attorney for processing bad
check claims is increased from $5 to $25 and the maximum charge
from $50 to $75.  The bill allows the prosecuting attorney to
spend these fees on any lawful expense of the office (Section
570.120);

(36)  Increases the penalty from a class B felony to a class A
felony for financial exploitation of the elderly when the amount
stolen is more than $50,000 (Section 570.145);

(37)  Revises the crime of identity theft.  Currently, a class B
felony occurs when the amount stolen exceeds $10,000.  That
threshold is reduced to $5,000.  The threshold amount for a class
A felony is reduced from $100,000 to $50,000.  This section
contains an emergency clause (Section 570.223);

(38)  Changes the crime of illegal copying and distribution of
sound recordings by lowering the threshold for a felony from
1,000 illegal copies to 100 illegal copies (Section 570.255);

(39)  Expands the crime of theft of cable television service to
include when a person knowingly attempts to tamper with any cable
television equipment which results in the disruption or
unauthorized use of a cable television system (Section 570.300);

(40)  Creates the crime of tampering with electronic monitoring
equipment, a class C felony.  The crime is committed when a
person intentionally removes or tampers with an electronic
monitoring device which is required to be worn by a criminal
offender, pursuant to a court order or as required by the Board
of Probation and Parole (Section 575.205);

(41)  Creates the crime of violating a condition of lifetime
supervision, a class C felony.  The crime is committed when a
person knowingly violates a condition of lifetime supervision by
the board for any person convicted of certain sexual offenses
(Section 575.206);

(42)  Clarifies that the crime of witness tampering does not
require that the prospective witness needs to be testifying in an
official proceeding in order for the crime to occur (Section
575.270);

(43)  Expands the crime of misuse of official information to
include the reckless disclosing of information from the MULES or
the National Crime Information Center System for personal or
private use (Section 576.050);

(44)  Creates the crimes of possessing and distributing a
prescription medication on school property without a valid
prescription.  Possession is a class C misdemeanor, and
distribution is a class B misdemeanor (Sections 577.625 and
577.628);

(45)  Makes it a class A misdemeanor to operate a video camera
within a motion picture theater without the consent of the
theater owner.  A second or subsequent offense is a class D
felony.  The owner of the movie theater is exempt from civil
liability for detaining a person suspected of the offense, as
long as the detention is reasonable (Section 578.500);

(46)  Requires first classification counties to grant a reserve
peace officer license to anyone who has completed 160 hours of
training and who was commissioned as a reserve peace officer
prior to August 28, 2001 (Section 590.040);

(47)  Allows crime victims to be notified of proceedings
regarding the offender by first class mail, rather than certified
mail.  The bill also clarifies that crime victims are entitled to
receive notice of proceedings involving the offender being sent
to a substance abuse treatment program (Section 595.209);

(48)  Allows victims of a sexual offender to testify at a parole
hearing of the sex offender for the crime of escape from
commitment.  This section contains an emergency clause (Section
595.210);

(49)  Allows the Director of the Department of Public Safety to
establish a state firearms training and qualification standard
for retired law enforcement officers carrying concealed firearms
to comply with the federal Law Enforcement Officers Safety Act
(Section 650.030); and

(50)  Reduces the amount of damages a person who is wrongly
convicted may receive from the state.  Currently, when a person
is found to be actually innocent of a crime for which he or she
was convicted through the use of DNA evidence, the person may be
awarded damages of $50 per day of wrongful incarceration.  The
bill limits the amount that may be awarded to any individual to
$36,500 during each fiscal year (Section 650.055).

The bill also changes the laws regarding the crimes of stealing,
tampering, and receiving stolen property.  The bill:

(1)  Allows the court to order restitution be paid to the victim
of tampering or auto theft, including the victim's insurance
deductible payment, towing and storage fees, and any reasonable
expenses incurred by the victim in prosecuting the offense
(Section 559.105);

(2)  Prohibits the court or the Board of Probation and Parole
from releasing a person early from probation or parole if the
person has failed to pay restitution (Section 559.105);

(3)  Makes evidence of prior acts of tampering admissible to
prove the requisite knowledge or belief in a current tampering
case (Section 569.080);

(4)  Makes tampering in the second degree a class C felony when
the person has a prior conviction for tampering in the first or
second degree, auto theft, or receiving stolen property (Section
569.090);

(5)  Makes auto theft a class B felony when the person has two
prior convictions for stealing-related offenses (Section
570.040); and

(6)  Expands the crime of stealing to include obtaining control
over property or services under circumstances that a reasonable
person would know it was stolen and clarifies that the crime
occurs when undercover police are posing as the sellers of stolen
property (Section 570.080).

Missouri House of Representatives
93rd General Assembly, 1st Regular Session
Last Updated August 25, 2005 at 1:18 pm