Criminal Law

HB 1323 – Drug offense registry. Requires the State Highway Patrol to create, maintain, and make available for public inquiry on the Internet a registry of persons convicted of, found guilty of, pled guilty to, or who were granted a suspended imposition of sentence for certain drug offenses.

HB 1334 – Ticket scalping. (See Sports & Entertainment Law)

HB 1346 – Missouri Taxpayer and Citizen Protection Act. (See Immigration Law)

HB 1356 – School Bus Safety Assistance Fund. (See Judicial Administration)

HB 1376 (See also HB 1772 and SB 892) – The Missouri Universal Red Light Enforcement Act. (See Local Government Law)

HB 1382 – Sexual offenses. Changes the required age of victims and offenders in various sexual offenses.

HB 1396 – Registered sex offenders. Requires the Department of Revenue to put a unique code or identifier on the driver’s license, nondriver’s license, or driver’s permit of anyone who is required to register as a sexual offender.

HB 1397 – Registered sex offenders. Prohibits certain sexual offenders from being physically present or loitering within 500 feet of or approaching, contacting, or communicating with any child younger than 18 years of age in any child care facility building or the real property comprising any child care facility when children younger than 18 years of age are present in the building unless the person is the parent, guardian, or custodian of a child in the building or on the grounds.

HB 1404 – Assault on a law enforcement officer. Adds corrections officers to the list of persons included in the crime of assault on a law enforcement officer.

HB 1405 - Restricted natural substances. Creates the crime of possessing or having control of a restricted natural substance, a Class A misdemeanor for the first offense and a Class D felony for each subsequent offense. No person will be guilty of the crime if the person owns, possesses, manages, or otherwise controls land on which a restricted natural substance naturally grows unless the person knowingly plants or cultivates the restricted natural substance, harvests the substance for any person to drink, inhale, or otherwise ingest the restricted natural substance, or allows or authorizes another person to drink, inhale, or ingest the substance.

HB 1413 – Sexual offenders. Adds any person who has pled guilty or nolo contendere to, been convicted of, or been found guilty of any offenses committed in another state or any federal or military offense which, if committed in Missouri, would be a sexual offense to the list of individuals who are prohibited from residing within 1,000 feet of any public school, private school, or child care facility.

HB 1421 – Involuntary manslaughter. Revises the crimes of involuntary manslaughter and assault of a law enforcement officer, emergency personnel or probation and parole officer by including highway workers.

HB 1432 (See also HB 1460) –Tampering with a judicial officer. (See Family/Juvenile Law)

HB 1436 – DNA samples. Requires that DNA samples be collected from persons eighteen years of age or older who are arrested for a felony upon booking at a county jail or detention facility for the purpose of DNA profiling analysis.

HB 1441 (See also SB 864) – Law Enforcement Safety Fund. Establishes the Law Enforcement Safety Fund funded by a $7 surcharge to be collected in each criminal case involving a violation of any county ordinance, criminal or traffic law, or municipal ordinance to fund a defined contribution system for certain law enforcement employees.

Oppose, consistent with Board of Governors’ Resolution regarding Legislation to Increase Court Costs.

HB 1443 – Huffing solvents. Prohibits a person from intentionally smelling or inhaling the fumes of or inducing or aiding another person to induce the symptoms of intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefaction, or dulling of the senses or nervous system, distortion of audio, visual, or mental processes by the use of certain specified substances. Prohibits certain businesses from selling these substances.

HB 1444 – Property damage. Expands the crime of property damage in the first degree to include knowingly damaging another person’s motor vehicle while making entry to steal the vehicle or something within the vehicle.

HB 1445 – Drug tests. Creates the crime of altering or falsifying drug or alcohol test results or selling or transporting a biological sample or adulterant to falsify test results.

HB 1446 – Corrections Officer Training Fund. Creates the Corrections Officer Training Fund, authorizes a $5 surcharge to fund it, and requires corrections officers and jailers to receive at least 36 hours of training every three years. Funds the training through a $5 surcharge on each court proceeding filed in any circuit court in this state or any municipal court which employs a jailer.

HB 1464 – Alcohol beverage vaporizers. Prohibits the use or possession of an alcohol beverage vaporizer.

HB 1468 – Endangering the welfare of a child. Establishes Hope’s Law which changes the laws regarding the crime of endangering the welfare of a child in the first degree. Any person who violates the provisions of Chapter 195, RSMo, regarding the possession or control of a controlled substance in the presence or in a residence where a person younger than 17 years of age resides will be guilty of a Class B felony.

HB 1473 – Stealing offenses. Removes the requirement that a person must have received at least a ten day jail sentence on a prior offense before a third or subsequent misdemeanor stealing offense can be enhanced to a felony.

HB 1478 – Firearms. Changes the crime of unlawful possession of a concealable firearm to unlawful possession of a firearm. Adds illegal aliens, individuals dishonorably discharged from the United States armed forces, persons renouncing their United States citizenship, respondents of a valid full order of protection still in effect, and persons convicted of a misdemeanor domestic violence to the list of persons not lawfully entitled to possess a firearm. Makes it unlawful for a person to transfer a firearm if he or she has reasonable cause to believe that the person receiving the firearm is not legally entitled to possess a firearm.

HB 1481 (See also HB 1502, and HB 1571) – Resisting or interfering with arrest. Expands the crime of resisting or interfering with arrest, detention, or stop to apply to any arrest, stop, or detention for any warrant issued by a court of record or by a probation and parole officer.

HB 1487 (See also SB 758) – Sexual offenders. Requires registered sexual offenders to notify a park ranger, in writing, prior to camping in a state park.

HB 1488 (See also SB 889) – Securities fraud. (See Commercial Law)

HB 1489 (See also SB 732 ) – Drug monitoring program. Establishes the Drug Monitoring Act in the Department of Health and Senior Services. Requires the department to develop a program, subject to appropriations, to monitor the prescribing and dispensing of all Schedule II through Schedule V controlled substances by all licensed professionals who prescribe or dispense these substances in Missouri.

Adds depressants to the list of Schedule V controlled substances and allows the sale of packages of less than 60 milligrams of pseudoephedrine without limitations. The bill prohibits the selling, dispensing, purchasing, or receiving of ephedrine, phenylpropanolamine, or pseudoephedrine by mail order or from a mobile retail vendor in any amount greater than 7.5 grams within any 30-day period or 3.6 grams within a 24-hour period.

HB 1493 – Making a false declaration. Revises the crime of making a false declaration by adding a new method of committing it by providing a verbal false statement regarding identity which he or she knows not to be true.

HB 1505 (See also HB 1527 & SB 818) – Cyber stalking and harassment. Modifies various provisions relating to stalking and harassment, including creating the crime of cyber harassment and cyber stalking. Makes the crime of harassment is a Class D felony if it is committed by an adult against a child. Creates the crime of cyber harassment, a Class A misdemeanor unless it is committed by an adult against a child, in which case, it is a Class D felony. The crime is committed when a person, for the purpose of frightening or disturbing another person, transmits or causes transmission of an electronic communication or permits an electronic communication to be transmitted from an electronic communications device if he or she:

(1) uses coarse language offensive to the average person;

(2) does so anonymously or repeatedly; or

(3) threatens to commit a felony.

Modifies the definition of the term “harass” within the crime of stalking. As a result, a person can be harassed through a direct or indirect course of conduct. Makes the crime of stalking is a Class D felony for a first offense if it is committed by an adult against a child. A second offense committed by an adult against a child is a Class C felony.

HB 1511 – Stealing wire and electrical devices. Makes it a Class D felony for a person to steal or appropriate certain wire and electrical devices and property located on utility property.

HB 1530 – Harm to an unborn child. Allows criminal charges to be filed against a mother who intentionally uses or ingests an illegal controlled substance while pregnant which results in harm to her unborn child.

HB 1536 – Sexual offenders. Prohibits certain sexual offenders from being present in or loitering within 500 feet of any public park or swimming pool.

HB 1537 – Sexual offenders. Makes it a crime for a person required to register as a sexual offender to intentionally photograph, videotape, etc, a minor without the consent of the minor’s parent or guardian.

HB 1552 (See also HB 1591) – Driving while intoxicated. Specifies that the presence of a controlled substance in the blood is prima facie evidence that the person was in a drugged condition at the time a test was taken for the crime of driving while intoxicated. Lowers the age for which the juvenile court does not have jurisdiction over a child who is alleged to have violated a state or municipal traffic ordinance or regulation from 15 years and six months of age to 15 years of age.

HB 1560 – Sexual offenders. Prohibits certain sexual offenders from serving as an athletic coach, manager, or athletic trainer for any sports team with a member less than seventeen.

HB 1567 (See also SB 912 ) – Murder of a criminal justice official. Creates the crime of murder of a criminal justice official in the first degree when a person knowingly causes the death of a criminal justice official while the official was performing lawful duties or when the person knowingly causes the death of the criminal justice official because of his or her status as a criminal justice official. Any person who commits this crime will be guilty of a felony punishable by death unless other mitigating factors are present. Expands the crime of assault of a law enforcement officer, emergency personnel, or probation or parole officer in the first degree to include corrections officers, and revises the definition of “dangerous felony” to include the crime of assault of emergency or corrections personnel in the first degree.

HB 1587 (See also SB 998 ) – Jury service. (See Judicial Administration)

HB 1593 – Blood-alcohol content. Lowers the blood-alcohol content to .08 of one percent for the crime of operating a vessel with excessive blood-alcohol content.

HB 1594 – Resisting or interfering with an arrest. Increases the punishment for resisting or interfering with an arrest, detention, or stop from a Class D felony to a Class C felony.

HB 1601 – Controlled substance log. Creates a rebuttable presumption that the person whose name appears in the controlled substance log book which pharmacies are required to keep and maintain is the person whose transaction is recorded.

HB 1611 – Children’s bill of courtroom rights. (See Judicial Administration)

Oppose as drafted. Support judicial discretion in enforcement of exising child witness protection laws.

HB 1614 (See also HB 1870 and SB 800) – Death penalty commission. Creates a commission to study the death penalty in Missouri and prohibits use of the death penalty for a time period.

Support concept of study commission; no position on moratorium.

HB 1619 (See also HB 1889 and HB 1927) – Pseudoephedrine purchases. (See Health and Hospital Law)

HB 1622 - Obstruction of justice. Creates the crime of obstruction of justice when a person intentionally prevents the apprehension or obstructs the prosecution or defense of any person and knowingly destroys, alters, conceals, or disguises physical evidence; plants false evidence; furnishes false information; induces a witness having knowledge material to the subject at issue to leave the state or conceal himself or herself; or leaves the state or conceals himself or herself because of possessing knowledge which is material to the subject at issue. Obstruction of justice will be a Class A misdemeanor in a misdemeanor case and a Class D felony in a felony case.

HB 1637 – Pornographic material. Revises the crime of furnishing pornographic material to minors by including engaging in lewd communication or conversation with a minor via the Internet.

HB 1638 – Pornographic material. Revises the crime of furnishing pornographic material to minors by increasing the penalty and clarifying that it is not a defense that the other person was a peace officer masquerading as a minor.

HB 1642 – Crime prevention. Changes the laws regarding crime prevention.

(1) Adds any moving violation, as defined by Section 302.010, RSMo, to the list of infractions for which a court may order payment to the county law enforcement restitution fund.

(2) Expands protection for the elderly against financial exploitation.

(3) Expands the crime of distribution of a controlled substance near a park to include unlawfully distributing or delivering any controlled substance to a person in, on, or within 1,000 feet of the real property comprising a public or private park, state park, county park, or municipal park.

(4) Specifies that the Amber Alert System is to aid in the location of abducted children rather than adults and defines “abducted child” as an individual whose whereabouts are unknown, is younger than 18 years of age, and is reasonably believed to be a victim of kidnapping or younger than 18 years of age and at least 14 years of age and who would be reasonably believed to be a victim of child kidnapping if the person was younger than 14 years of age.

(5) Requires a photograph to be taken of an incarcerated individual upon release and made available to the victim upon his or her request.

(6) Allows offenders to appear before the Board of Probation and Parole by means of a video conference, rather than personal appearance, at the discretion of the board.

(7) Allows any offender to refuse parole that is conditioned on the performance of free work. Any county, city, person, organization, agency, or its employee who is charged with the supervision of free work or who benefits from its performance will be immune from any cause of action arising from his or her supervision of performance, except for an intentional tort or gross negligence.

(8) Specifies that any person convicted of criminal securities fraud will be fined an amount not to exceed $1 million, be sentenced to a term of imprisonment not to exceed 10 years, or both. If the violation was committed against a disabled or elderly person, the offender will be fined an amount not to exceed $50,000, be sentenced to a term of imprisonment not to exceed five years, or both.

(9) Allows a judge to order the defendant in a municipal or circuit criminal case to pay costs as determined in Section 488.012.

(10) Allows a judge to order a probationer, as a condition of probation, to be vaccinated for Hepatitis A and B at his or her local health department with the costs to be paid by the probationer.

(11) Revises the definitions of “domestic assault offense” and “intoxication-related offense” to include any offense committed in another state or any federal or military offense which, if committed in Missouri, would be considered a domestic assault offense or an intoxication-related offense.

(12) Specifies that the term “stealing-related offense” will include robbery and clarifies that a person who has pled guilty to or been found guilty of two separate stealing offenses, which were committed on two separate occasions, will be guilty of a Class B felony;

(13) Increases the penalty for the crime of possessing child pornography from a Class D felony to a Class C felony. A second or subsequent offense will be increased from a Class C felony to a Class B felony.

(14) Creates the crime of false identification if a prisoner or offender knowingly and with the purpose to mislead gives a false name, date of birth, or Social Security number when identifying himself or herself to a person who is an employee of a jail or correctional center. False identification will be a Class C felony.

(15) Increases the penalty for the crime of making a false report from a Class B misdemeanor to a Class A misdemeanor.

(16) Increases the penalty for the crime of resisting or interfering with arrest, detention, or stop from a Class D felony to a Class C felony.

(17) Creates the crime of disarming a peace or correctional officer if a person intentionally removes from or deprives the peace or correctional officer of the use of his or her firearm or other deadly weapon while the officer is acting within the scope of his or her official duties. The crime, a Class C felony, does not include situations in which the person does not know or could not reasonably have known that the person was a peace or correctional officer or if the officer was engaged in felonious conduct at the time of the disarmament.

(18) Allows a court of competent jurisdiction to suspend or revoke the driving privileges of any person determined to have violated any state, county, or municipal law involving unlawful use or possession of drug paraphernalia while operating a motor vehicle.

(19) Prohibits the use or possession of an alcohol beverage vaporizer.

(20) Requires crime victims to be paid up to $250 from the Crime Victims’ Compensation Fund to replace clothing, bedding, or other personal items seized by law enforcement as evidence of a crime.

(21) Allows victims to be represented by an appointed person instead of appearing in person during the offender’s parole and probation revocation hearings. The victim’s appointee who honors any subpoena to testify in or attend a criminal proceeding is protected from discharge by any employer or from using vacation, personal, or sick leave to attend any criminal proceeding.

(22) Allows records and documents pertaining to internal investigations by a law enforcement agency on the fitness and conduct of a law enforcement officer employed by the agency used solely in connection with matters relating to the employment of the officer to remain confidential unless the records and documents are used in a criminal investigation.

HB 1649 – Sexual offenders. Restricts the driver’s license of a convicted sexual offender to no more than one year and revokes the license if the offender fails to register as required by law.

HB 1654 – Detention of juveniles suspected to be illegal aliens. (See Immigration Law)

HB 1667 –Missouri Homeowners’ Protection Act. (See Commercial Law)

HB 1672 – Excise tax on controlled substances and illicit alcoholic beverages. Imposes an excise tax on controlled substances and illicit alcoholic beverages. The Director of the Department of Revenue will issue stamps to affix to unauthorized substances to indicate payment of the tax. Law enforcement will notify the department after an arrest or seizure involving any unstamped, unauthorized substance so that the excise tax along with the applicable penalties and interest can be assessed and collected. Any voluntarily paid tax proceeds will be deposited into the newly created State Unauthorized Substances Tax Fund to investigate, combat, prevent, and reduce drug-related crimes. The Unauthorized Substance Tax Commission is established.

HB 1681 – DNA profiling system. Expands the DNA profiling system by requiring any person 18 years of age or older who is arrested for a felony to provide a biological sample for the purpose of DNA profiling analysis.

HB 1683 – Internet bullying. Expands the definition of bullying to include Internet bullying and makes it a crime to intimidate or harass a person over the Internet.

HB 1703 – Prior, persistent, aggravated and chronic intoxication-related traffic offenders. Requires any prior or persistent offender of an intoxication-related traffic offense to abstain from consuming or using alcohol or alcohol products, as demonstrated by continuous alcohol monitoring, for a certain period of time before the person will be eligible for parole or probation. Defines “continuous alcohol monitoring” as the automatic testing of breath, blood, or transdermal alcohol concentration levels and tamper attempts at least once every hour, regardless of the monitored person’s location, and the regular transmission of the data. Allows a court to suspend execution of a portion of the term of imprisonment for any aggravated or chronic offender if the person abstains for a period of time from consuming or using alcohol or alcohol products as demonstrated by continuous alcohol monitoring.

HB 1708 – Commercial drivers. Increases the penalty for commercial drivers who are convicted of operating a commercial vehicle under the influence of alcohol or drugs from a Class B to a Class A misdemeanor.

HB 1724 – Sexual offenders. Requires registered sexual offenders to register all of their electronic mail addresses.

HB 1756 – Counterfeit goods. (See Patent/Trademark Law)

HB 1759 – Bribery of a public servant. Expands the crime of bribery of a public servant to include bribery of a candidate for public office or a member of a legislative caucus, political campaign committee, political party committee, or legislative caucus of which the candidate is a member.

HB 1771 – Immigration status. (See Immigration Law)

HB 1777 – Animal neglect. (See Agricultural/Animal Law)

HB 1778 – Periodic reviews of certain offenders. Requires the Board of Probation and Parole to make periodic reviews of certain convicted offenders serving a sentence with no possibility for parole. After the review, the board will report to the Governor with a recommendation to grant or deny executive clemency. Offenders who are released will remain under the supervision of the board for as long as the board deems necessary. Specifies the criteria to be used by the board when conducting its review and making a recommendation for clemency to the governor.

HB 1795 (see also SB 766) – Endangering the welfare of an unborn child. Creates the crime of endangering the welfare of an unborn child if a person ingests, injects, consumes, inhales, or otherwise uses heroin, cocaine, LSD, or methamphetamine while she is pregnant and knows or reasonably should have known that she was pregnant. Endangering the welfare of an unborn child is a Class C felony for the first offense and a Class B felony for any subsequent offense. Specifies that any person who uses, produces, prepares, sells, transports, tests, or analyzes heroin, cocaine, or LSD in the presence or residence of a person younger than 17 years of age is be guilty of endangering the welfare of a child in the first degree. Allows any healthcare provider who has reason to believe that a pregnant woman has used heroin, cocaine, LSD, or methamphetamine to make a report to the appropriate law enforcement agency.

HB 1814 – Statutory rape or sodomy. Specifies that no person convicted of statutory rape in the first degree or statutory sodomy in the first degree will be eligible for parole, probation, conditional release, or suspended imposition or execution of sentence for five calendar years if the victim is younger than 12 years of age.

HB 1826 – Impersonating a minor or someone else. Creates the crime of impersonating a minor or someone else when an adult older than 18 years of age knowingly pretends to be a person younger than 18 years of age or someone other than whom they are for the purpose of communicating with a person younger than 18 years of age on the Internet or any other telecommunications or electronic device. The provisions of the bill do not apply to any on-duty local, state, or federal law enforcement officer investigating a crime or any person or volunteer working with law enforcement in the investigation. Impersonating a minor or someone else will be a Class A misdemeanor.

HB 1830 – Legalizes the use of marijuana for medical purposes. Changes the laws regarding the classification of marijuana as a controlled substance.

(1) Removes marijuana from the Schedule I classification for controlled substances and reclassifies it under Schedule II.

(2) Prohibits the arrest or prosecution of a qualifying patient who possesses a written certification for the use of marijuana for medical purposes. A qualifying patient younger than 18 years of age is also exempt from arrest or prosecution if a parent or guardian consents in writing to and controls the use of marijuana for medical purposes.

(3) Prohibits a physician from being subject to arrest, prosecution, penalty, or denial of any right for providing written certification for the medical use of marijuana to a qualifying patient.

(4) Requires that marijuana, drug paraphernalia, or other property seized from a qualifying patient or primary caregiver in connection with the claimed medical use of marijuana be returned to the patient or caregiver following a determination by a court or prosecutor that these individuals are entitled to the protections contained in the bill.

(5) Gives medical marijuana patients the same rights as other pharmaceutically medicated individuals relating to routine traffic stops, interaction with law enforcement that does not involve an illegal act, employer interaction, and drug testing pertaining to marijuana and its metabolites.

(6) Prohibits the medical use of marijuana when it compromises the health or well-being of another. The smoking of marijuana is prohibited in a school bus, public bus, or other public vehicle; in the workplace; on school grounds; in a correctional facility; or at any public park, public beach, public recreation center, or youth center unless the area is designated for medical marijuana use.

(7) Prohibits the fraudulent representation of the medical use of marijuana to any law enforcement official. A person who violates this provision will be subject to criminal and monetary penalties.

(8) Allows a qualifying patient or a primary caregiver to assert a defense for the medical use of marijuana based on certain conditions.

(9) Requires the Department of Health and Senior Services to develop rules for governing the issuance of registry identification cards. A qualifying patient and primary caregiver are required to submit certain information before receiving the card. Possession of the card by a qualifying patient or a primary caregiver is required.

(10) Requires the department to maintain a confidential list of persons who have been issued a card.

(11) Requires an organization to register with the department to sell, administer, deliver, dispense, distribute, cultivate, or possess marijuana or related supplies for medicinal use.

HB 1837 – Compensation of a person wrongfully convicted and imprisoned. Allows for the compensation of persons who are wrongfully convicted and imprisoned. A state caseworker will arrange for emergency assistance for 30 days from release from a correctional institution. Within 30 days of release, the caseworker must complete an assessment of loss and needs and a community integration plan. Any award of compensation by the Committee on Compensation for Wrongful Conviction to the released person may be appealed to the Victim’s Compensation Board within the Department of Corrections. Compensation includes reasonable and necessary expenses needed to integrate the person back into society and reasonable attorney fees. Eligibility for compensation is prohibited for wrongful imprisonment of crimes where the imprisonment was served concurrently with a sentence for another crime.

HB 1839 – Christy’s Law. Establishes “Christy’s Law” which requires all health care personnel involved in the examination of a rape victim to inform the victim of his or her right to be tested for a date rape drug.

HB 1852 – Harassment and stalking. Expands the crime of harassment to include actions in which the person:

(1) Knowingly communicates a threat to commit any felony to another person in order to frighten, intimidate, disturb, or cause emotional distress to the other person;

(2) Communicates with another person and knowingly uses coarse language or expressions that are unwanted and offensive to the average sensibility;

(3) Knowingly frightens, intimidates, disturbs, or causes emotional distress to another person by making a telephone call anonymously;

(4) Knowingly communicates with another person who is, or purports to be, 17 years of age or younger and without good cause recklessly frightens, intimidates, disturbs, or causes emotional distress to the other person or knowingly makes a misrepresentation or conceals a material fact relating to the identity, age, residence, or location of himself or herself;

(5) Knowingly makes repeated unwanted communications to another person; or

(6) Recklessly and without good cause engages in any other act that frightens, intimidates, disturbs, or causes emotional distress to another person.

Specifies the crime of harassment is a Class A misdemeanor unless it is committed by a person 21 years of age or older against a person 17 years of age or younger; the person knowingly communicates a threat to commit a felony with the purpose of frightening, intimidating, disturbing, or causing emotional distress to the other person; or the person has pled guilty to or been found guilty of a previous harassment violation or a municipal ordinance, other state law, or federal or military offense relating to harassment in which case the person will be guilty of a Class D felony.

Revises the crime of stalking by eliminating the requirement that a person must repeatedly harass or follow with the intent of harassing another person. A person commits the crime of aggravated stalking if he or she purposely harasses or follows with the intent of harassing another person and makes a credible threat; acts in violation of an order of protection and the person has received actual notice of the order; acts in violation of a condition of probation, parole, pretrial release, or release on bond pending appeal; the other person is 17 years of age or younger and the person is 21 years of age or older; or the person has previously pled guilty to or been found guilty of domestic assault, violation of an order of protection, or any other crime where the other person was the victim.

Specifies that the crime of stalking is a Class A misdemeanor unless the person has previously pled guilty to or been found guilty of a stalking or aggravated stalking violation or a municipal ordinance, other state law, or federal or military offense relating to stalking in which case the person will be guilty of a Class D felony. Increases the penalty for the crime of aggravated stalking from a Class D felony to a Class C felony and specifies that if the person has previously pled guilty to or been found guilty of a stalking or aggravated stalking violation or a municipal ordinance, other state law, or federal or military offense relating to stalking in which case the person will be guilty of a Class B felony.

Requires school administrators to report acts of harassment or stalking committed on school property to the appropriate law enforcement agency.

HB 1854 – Voluntary compliance audits. (See Administrative Law)

HB 1855 – Shaking a baby. Establishes Karra’s and Jocelyn’s Law which increases the penalty for the crime of child endangerment in the first degree to a term of imprisonment of not less than 15 years if an individual acts to create a substantial risk to the life, body, or health by shaking a child younger than five years of age by the arms, legs, chest, or shoulders.

HB 1894 – Lodging of detainers against inmates. Requires delivery by a law enforcement agency, prosecuting attorney’s office, or circuit attorney’s office of a certified copy of a warrant and a request for a detainer to the facility where an offender is confined before any prisoner can request a final disposition of any untried indictment, information, or complaint. Failure by the facility director to notify the inmate of the filing of a detainer will not be a basis for dismissing the indictment, information, or complaint unless the court finds that the offender has been denied his or her constitutional right to a speedy trial.

HB 1898 – Redacting identifying victim information from court records prior to disclosure to the public. Adds any violation of Chapters 566 and 568, RSMo, to the list of offenses for which redaction of any identifying information of victims from court records prior to disclosure to the public is required. Limits the redaction requirement to only information concerning the victim.

HB 1907 – Sexual offenders. Makes it a crime for a registered sexual offender to be within one thousand yards of a state park.

HB 1908 – Automated speed enforcement in highway work zones. Allows the Highways and Transportation Commission to enter into agreements with the State Highway Patrol to install and use automated speed enforcement systems in work zones when workers are present.

HB 1941 (See also SB 941) – Redefines livestock. (See Agricultural/Animal Law)

SB 714 – Child pornography. Modifies various provisions relating to child pornography.

(1) States that a person is guilty of promoting child pornography in the first degree if, knowing of its contents and character, such person possesses with the intent to promote or promotes child pornography of a child less than 14 years of age or obscene material portraying what appears to be a child less than fourteen years of age. Prohibits any person who pleads guilty to or is found guilty of promoting child pornography in the first degree from being eligible for probation or parole for at least 3 years.

(2) States that person is guilty of promoting child pornography in the second degree if, knowing of its contents and character, such person possesses with the intent to promote or promotes child pornography of a minor under the age of eighteen or obscene material portraying what appears to be a minor under the age of eighteen. Prohibits any person convicted of promoting child pornography in the second degree from being eligible for probation.

(3) States that a person commits possession of child pornography if, knowing of its content and character, such person possesses any child pornography of a minor under the age of eighteen or obscene material portraying a minor under the age of eighteen. Makes possession of child pornography a Class C felony unless the person possesses more than twenty still images or one film or videotape of child pornography or has previously committed this offense, in which case, the crime is a Class B felony. Currently, possession of child pornography is a Class D felony unless the offender has previously committed this offense, in which case, the crime is a Class C felony.

(4) Requires that in any criminal proceeding, any property or material that constitutes child pornography shall remain in the custody of the state or the court. Requires the court to deny requests to copy or reproduce the child pornography if it is made reasonably available to the defendant by providing ample opportunity for inspection, viewing, and examination at a state or other governmental facility.

SB 727 – Residential mortgage fraud. This act criminalizes the act of committing residential mortgage fraud with the intent to defraud. An individual commits the crime by engaging in the following practices:

(1) Knowingly making a misrepresentation or omission during the mortgage lending process.

(2) Knowingly using or facilitating the use of a misrepresentation or omission during the mortgage lending process.

(3) Reaping any benefit from the making, using, or facilitating the use of such misrepresentation or omission.

(4) Filing or causing to be filed any document in connection with a mortgage containing a deliberate misstatement, misrepresentation, or omission.

SB 733 – Crime laboratories. Requires crime laboratories providing reports or testimony to a state court pertaining to a result of the forensic analysis of evidence to be accredited by a laboratory accrediting organization approved by the department of public safety. Defines the term “crime laboratory” to mean a laboratory operated or supported financially by the state or any unit of local government that employs at least one scientist, who examines physical evidence in criminal matters and provides expert or opinion testimony about such evidence in state court. Requires the Department of Public Safety to promulgate rules identifying approved accrediting bodies and shall establish a procedure for monitoring crime laboratory compliance.

Support concept.

SB 754 (See also SB 794) – DNA profiling system. Requires juveniles adjudicated of offenses which would constitute a felony under Chapter 565, RSMO, or any sexual offense under Chapter 566, RSMo, if committed by an adult, to have a biological sample collected for the purposes of DNA profiling analysis. Requires persons who have committed a Class A misdemeanor to have the same sample collected. Makes a knowing refusal or failure to provide a DNA sample is a Class A misdemeanor. Makes knowingly unauthorized tampering, knowing attempt to tamper with, or other knowingly unauthorized use, knowing attempt to use, or knowing dissemination of DNA samples is a Class A misdemeanor.

SB 763 – Criminalization of displaying a noose. Criminalizes the displaying of a noose for the purpose of intimidating a person or a group of persons. A violation of this provision is a Class A misdemeanor for the first offense and a Class D felony for a second offense.

SB 767 - Missouri Public Defender System. (See Judicial Administration)

Support §§ 600.011-600-047. No action on § 600.092, comments provided.

SB 784 – Sentencing discretion. Eliminates mandatory minimum sentences for those convicted of a felony, except dangerous felons. States that a felon must serve a sentence imposed by a judge, but the Board of Probation and Parole shall have discretion to review the sentence and release the offender before the completion of the sentence.

Those offenders sentenced under the mandatory minimum sentencing statutes before August 28, 2008, shall have his or her sentence reviewed by the Board. Specifies the Board has discretion to release such an offender before the end of his or her sentence.

SB 790 – Crime laboratories. Creates a “Crime Laboratory Review Commission” to independently review the operations of crime laboratories in the state of Missouri that receive state-administered funding. Grants the commission the power to assess the capabilities and needs of the crime labs and make recommendations for improvements, authorize independent external investigations into allegations of misconduct or negligence, issue reprimands to crime labs and their employees or contractors found to be negligent or engaging in misconduct, make recommendations for crime lab procedure when labs are found to be negligent, and issue reports summarizing findings of negligence or misconduct and making recommendations regarding revocation or suspension of grant funding. Gives the Department of Public Safety the authority to revoke grant money from a crime lab if it does not cooperate with the commission or if allegations of serious negligence or misconduct are substantiated by the commission.

SB 791 – Crime laboratory reports. Requires certified crime laboratory reports to be received into evidence at any trial for criminal prosecution. The accused or his or her attorney shall be provided a copy of the report as required by Supreme Court Rule and shall have seven days to request a deposition of the person conducting the testing or analysis. The deposition shall be conducted prior to trial, with notice being given to the state, and it may be recorded. Specifies that if the accused or his or her attorney does not request a deposition with the seven-day period, the accused shall be deemed to have waived the right to conduct such a deposition and the right to confront such person at trial if he or she is otherwise unavailable. This act shall not affect the right of the accused to subpoena the analyst.

Oppose, due to constitutional concerns.

SB 795 – Search warrants. Current law requires a search warrant executed as soon as practicable and provides that the search warrant shall expire if not executed and the return made within ten days after the date of making the application. Modifies the law so that a search and any subsequent searches of the contents of any property, article, material, or substance seized and removed from the location of the execution of any search warrant during its execution may be conducted at any time during or after the execution of the warrant, subject to the continued existence of probable cause to search. Allows a search and any subsequent searches to be conducted after the time for delivering the warrant, return, and receipt to the issuing judge has expired. Requires a supplemental return and receipt to be delivered to the judge upon final completion of any search which ends after the expiration of time for delivering the original return and receipt.

Oppose.

SB 812 – Unlawful use of a weapon. Expands the crime of unlawful use of a weapon to include the discharge of a firearm in the air for celebratory purposes in an urban area.

SB 813 – Stun guns. Makes ownership, possession or discharge of a stun gun or taser gun an unlawful use of a weapon, a Class D felony. Defines a “stun gun” or “taser” as any portable device or weapon from which an electric current, impulse, wave, or beam is produced that is capable of incapacitating temporarily, injuring, or killing a human being.

SB 819 – Dog fighting. (See Agricultural/Animal Law)

SB 835 – Death penalty. Repeals the death penalty and makes the crime of first degree murder punishable by life imprisonment without probation or parole.

SB 836 – Criminally negligent storage of a firearm. Makes criminally negligent storage of a firearm a Class A misdemeanor. A minor who uses a weapon in self-defense or is being supervised while engaged in hunting or another lawful purpose does not fall under this law. A person does not commit this crime if the minor obtained possession of the firearm due to unlawful entry onto the premises. Requires firearm dealers to post a written warning about the provision of this section in a conspicuous place where firearms are sold.

SB 847 – Seed Availability and Competition Act. (See Agricultural/Animal Law)

SB 861 – Intoxication-related traffic offenses. Redefines the term “intoxication-related traffic offense” to include certain traffic offenses involving alcohol regardless of whether the defendant was represented by or waived the right to an attorney in writing and allows such offenses to be used to enhance penalties for persons who commit multiple intoxication-related traffic offenses.

SB 884 – Seat belt law. Requires all drivers and passengers in cars or trucks to wear a seat belt. Specifies certain exemptions. Allows for primary enforcement of Missouri’s seat belt law by repealing the provision that prohibited law enforcement from stopping or detaining anyone solely to determine compliance with the seat belt law. Clarifies existing language which allows a person to ride without a seat belt when there are more persons than there are seat belts.

SB 887 (See also HB 1429) – Use of wireless telephone while operating a vehicle. Prohibits the operation of a motor vehicle while using a wireless telephone unless it is specifically designed and configured to allow hands-free listening and talking and is being used in that manner or the motor vehicle is stationary. Certain exemptions apply. Makes violations an infraction punishable by a $20 fine for a first offense and a $50 fine for a second or subsequent offense.

SB 899 – Sex offender information. Requires any person required to register as a sexual offender to provide law enforcement any online identifying information he or she uses. Such information shall be made available to the public on the sex offender registry website. Subject to appropriations, the Highway Patrol shall make online identifying information of registered sex offenders available to certain electronic and computer businesses to prescreen users and to compare information held by the business. Information obtained by the business shall not be used for any purpose other than for prescreening users or comparing the database of registered users against the list of online identifiers of persons on the sex offender registry in order to protect children from online sexual predators. Any business complying with these provisions in good faith shall be immune from any civil or criminal liability resulting from:

(1) refusing to provide services to a person because the entity believed the person was required to register as a sex offender;

(2) a person’s criminal or tortious acts, when the person is a registered sex offender who has complied with the registration requirements, and committed the acts against a minor using the business’s services or system; or

(3) any activity for which the entity would be immune from liability under federal law for blocking or screening of offensive material.

SB 922 (See also SB 985) – Making a false declaration. A person commits the crime of making a false declaration, a Class B misdemeanor, by providing a verbal false statement regarding his or her identity that he or she believes or knows not to be true with the purpose of misleading a public servant.

SB 932 – Prosecuting sexual offenses. Allows grant money distributed by the Department of Public Safety to investigate internet sex crimes against children to be used to fund training for prosecuting and circuit attorneys.

SB 933 – Sexual misconduct involving a child. Modifies the crimes of sexual misconduct involving a child and furnishing pornographic material to a minor. Makes attempted sexual misconduct involving a child a Class D felony. Makes attempting to furnish pornographic materials to a minor is a Class A felony. Clarifies that it is not an affirmative defense to prosecution that the person being furnished the pornographic material is a peace officer masquerading as a minor.

SB 935 – Deputy Sheriff Salary Supplementation Fund. Creates the “Deputy Sheriff Salary Supplementation Fund”, consisting of money generated by a $10 fee collected for serving civil summons and subpoena.

SB 975 – Alcohol monitoring. Requires alcohol monitoring for persons with repeat alcohol-related offenses in certain circumstances instead of serving a more lengthy mandatory minimum sentence.

SB 1031 – Parental kidnapping. (See Family/Juvenile Law)

SB 1053 – Intoxication-related traffic offenses. Imposes a $1,000 surcharge on a first time intoxication-related traffic offense and a $2,500 surcharge on all second and subsequent intoxication-related traffic offenses. The proceeds of the surcharges are credited to the public school fund.

SB 1059 – Mortgage fraud. Creates civil and criminal penalties for mortgage fraud and imposes sanctions upon certain licensed professionals and unlicensed individuals who commit the crime.

(1) Makes it a Class C felony for a person, in connection with the application for or procurement of a loan secured by real estate to willfully:

(a) Employ a device, scheme, or artifice to defraud;

(b) Make an untrue statement of a material fact or to omit to state a material fact necessary in order to make the statement made, in the light of the circumstances under which it is made, not misleading; or

(c) Receive any portion of the purchase, sale, or loan proceeds, or any other consideration paid or generated in connection with a real estate closing that such person knew involved a violation of this section.

(2) Specifies that licensed real estate brokers and salespersons may be brought before the Administrative Hearing Commission and lose their license for committing mortgage fraud. Provides for automatic revocation of license for licensees who are convicted of criminal mortgage fraud. Allows the Missouri Real Estate Commission to maintain an action in circuit court for anyone engaging in mortgage fraud and violators shall be subject to a civil penalty of $2,500 per violation.

(3) Allows licensed real estate appraisers to be brought before the Administrative Hearing Commission and lose their license for committing mortgage fraud. Provides for automatic revocation of license for licensees who are convicted of criminal mortgage fraud. Allows the Missouri Real Estate Appraisers Commission to request cease and desist orders for any individual the commission believes is in violation of any law under their jurisdiction, including mortgage fraud. Those who willfully violate a cease and desist order shall be subject to a fine of up to $100,000, by imprisonment of up to 10 years, or both. Allows the Missouri Real Estate Appraisers Commission to maintain an action in circuit court for anyone engaging in mortgage fraud and violators shall be subject to a civil penalty of $2,500 per violation.

(4) Gives the director of the Division of Finance the authority to investigate the records of any licensed residential mortgage broker. Allows the director or the Residential Mortgage Board to assess a civil penalty of up to $5,000 for any violation of the law under the jurisdiction of the commission in a contested case. Allows the director to issue a notice of charges in support of an order to remove persons from participating in loan brokering, mortgage brokering, or mortgage brokerage service for any loan secured by real estate under the laws pertaining to residential mortgage brokers or otherwise under the jurisdiction of the director of the Division of Finance.

SB 1063 – Missouri Methamphetamine Project. Modifies various provisions relating to methamphetamine education, treatment, prevention, and enforcement, as well as funding of deputy sheriff salaries. Allows the sheriff to receive an additional $15 charge for service for any summons, writ, or other court order with a civil case. In cases where probation is granted for possession of methamphetamine, the conditions of probation shall include, but not be limited to, referral to a drug court for participation in a substance abuse program or participation and completion of not less than twenty-eight days in an inpatient substance abuse program. Such persons shall receive a term of supervised probation of less than four years and shall be subject to mandatory urine analysis to determine use of controlled substances throughout the term of probation as determined by the court or board of probation and parole. Any person who commits the crime, or attempts to commit the crime of distributing, delivering, manufacturing or producing methamphetamine shall not be granted a suspended imposition of sentence for a first offense or a suspended imposition of sentence or suspended execution of sentence for any second or subsequent offense. Establishes a drug monitoring program in the Department of Health and Senior Services. Modifies a number of provisions relating to monitoring of drugs containing pseudoephedrine. Currently, a person commits the crime of endangering the welfare of a child in the first degree if he or she manufactures, produces, prepares, sells, transports, tests, or analyzes methamphetamine in a residence where a person less than seventeen years of age resides. Under this act, a person also commits such crime when he or she possesses methamphetamine in a residence with a child. Child endangerment in the first degree is a Class C felony. Requires the Department of Public Safety to develop and conduct a large-scale statewide advertising campaign to combat the first-time use of methamphetamine among young people.

SB 1088 – Jimson weed. Makes it unlawful for a person to possess, distribute, deliver, manufacture, produce, or cultivate a restricted natural substance, also known as jimson weed.