SECOND REGULAR SESSION

HOUSE BILL NO. 1242

95TH GENERAL ASSEMBLY


 

 

INTRODUCED BY REPRESENTATIVES SATER (Sponsor), WALLACE AND McGHEE (Co-sponsors).

3069L.01I                                                                                                                                                  D. ADAM CRUMBLISS, Chief Clerk


 

AN ACT

To amend chapter 589, RSMo, by adding thereto two new sections relating to a registry for methamphetamine offenders.




Be it enacted by the General Assembly of the state of Missouri, as follows:


            Section A. Chapter 589, RSMo, is amended by adding thereto two new sections, to be known as sections 589.480 and 1, to read as follows:

            589.480. 1. The Missouri state highway patrol shall, subject to appropriation, create, and make available for public inquiry on the internet a registry of any person who is a resident of this state and who on or after August 28, 2009, is found guilty of, pleads guilty to, committing or attempting to commit one or more of the following offenses: distribution, delivery, manufacture, or production of a controlled substance under section 195.211, unlawful distribution to a minor under section 195.213, distribution of a controlled substance near schools under section 195.214, distribution of a controlled substance near public housing under section 195.218, trafficking drugs in the first degree under section 195.222, trafficking drugs in the second degree under section 195.223, unlawfully providing materials for production of a controlled substance under section 195.226, distribution of a controlled substance in violation of registration requirements under subdivisions (1) and (2) of subsection 1 of section 195.252, when such offense involves methamphetamine, its salts, isomers, and salts of its isomers, or a methamphetamine precursor drug as defined in section 195.010.

            2. The registry shall consist of the person's name, date of birth, offense or offenses making the person eligible for inclusion on the registry, the date the person was convicted, found guilty, pled guilty to or was granted a suspended imposition of sentence for the offense or offenses, the county of the offense or offenses, and other identifying data as the Missouri highway patrol determines is necessary to properly identify the person, but shall not include the person's Social Security number.

            3. Beginning August 28, 2010, the clerk of the court in which the person was convicted, found guilty, pled guilty, or was granted a suspended imposition of sentence shall forward a copy of the judgment and date of birth of all persons who are convicted of, found guilty of, plead guilty to or who were granted a suspended imposition of sentence for a violation of an offense making the person eligible for inclusion on the registry to the Missouri state highway patrol within forty-five days of the date of judgment.

            4. The Missouri state highway patrol shall remove from the registry the name and other identifying information of persons who are convicted of, found guilty of, plead guilty to, or who are granted a suspended imposition of sentence for a violation of an offense making the person eligible for inclusion on the registry seven years after the date of the most recent judgment which would require inclusion on the registry.

            Section 1. Law enforcement agencies who during an official investigation or enforcement of any illegal drug manufacturing facility come into contact with or are aware of any substance suspected of being hazardous shall notify the department of natural resources for the purpose of securing a contractor to identify, clean up, store, and dispose of suspected hazardous substances, except for those random and representative samples obtained for evidentiary purposes. Whenever possible, a destruct order covering hazardous substances which may be described in general terms shall be obtained concurrently with a search warrant. Materials that have been photographed, fingerprinted, and subsampled by law enforcement shall be destroyed as soon as practical. The department of natural resources shall make every effort to recover costs from the parties responsible for the suspected hazardous substance.