HCS HB 2 -- CRIME

SPONSOR:  Roark (Lipke)

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
General Laws by a vote of 8 to 0.

This substitute corrects inconsistencies between House Bill 353,
House Bill 972, Senate Bill 37, et al., Senate Bill 254, and
Senate Bill 402 as enacted by the first regular session of the
93rd General Assembly.

Currently, any owner, occupier, or other person with a lawful
right to the use and enjoyment of any property who knowingly
allows a person under the age of 21 to drink or possess
intoxicating liquor or who fails to stop a person under the age
of 21 from drinking or possessing intoxicating liquor on his or
her property is guilty of a class A misdemeanor.  The substitute
changes the penalty to a class B misdemeanor.  Any subsequent
violation is a class A misdemeanor.

The substitute changes the laws regarding driving while
intoxicated to expand the definitions of "aggravated offender,"
"chronic offender," and "intoxication-related traffic offense" to
include murder in the second degree where the underlying felony
is an intoxication-related offense.  A chronic offender is a
person convicted of:

(1)  Four or more intoxication-related offenses;

(2)  Two or more occasions of involuntary manslaughter,
aggravated vehicular manslaughter, assault in the second degree,
or assault of a law enforcement officer in the second degree; or

(3)  Two intoxication-related offenses and involuntary
manslaughter, aggravated vehicular manslaughter, assault in the
second degree, or assault of a law enforcement officer in the
second degree.

The substitute also restructures the statute regarding
involuntary manslaughter in the first degree and eliminates
Sections 577.625 and 577.628, RSMo, as enacted in House Bill 353
to make them consistent with Senate Bill 254.  Inconsistencies in
Section 210.117 as enacted by House Bill 568, Senate Bill 155,
and Senate Bill 420 concerning child abuse are also eliminated.

The substitute contains an emergency clause.

FISCAL NOTE:  No impact on state funds in FY 2006, FY 2007, and
FY 2008.

PROPONENTS:  Supporters say that several bills passed during the
last legislative session on similar issues contained inconsistent
provisions.  The bill amends current statutes to reflect the
language legislators intended in these bills.

Testifying for the bill was Representative Lipke.

OPPONENTS:  There was no opposition voiced to the committee.

Kristina Jenkins, Legislative Analyst

Missouri House of Representatives
93rd General Assembly, 1st Special Session
Last Updated September 19, 2005 at 2:44 pm