Criminal Law and Procedure
HCS HB 1341 — Swimming Pool Liability. (See Insurance Law)
SS SCS HB 1384 & HB 2157 — Identity Protection. (See Commercial Law)
CCS SS HCS HB 1549, 1771, 1395 & 2366 — Illegal Aliens and Immigration Status Verification. (See Immigration Law)
SCS HCS HB 1715 — Watercraft. (See Motor Vehicle Law)
SCS HCS HB 2034 — Weapons. Changes laws regarding weapons. In its main provisions, the bill:
Expands the criminal liability immunity for owners of firearm ranges to include authorized users of the ranges and immunity from any civil liability for actions arising out of the use of the firearm range;
Specifies that all owners and authorized users of existing hunting preserves or areas that are designated as hunting preserves will be immune from any criminal and civil liability arising out of or as a consequence of noise or sound emission resulting from the normal use of the hunting preserve. Such preserves will not be subject to an action for public or private nuisance or trespass. No firearm range or hunting preserve will be immune from civil liability for compensatory damage arising from physical injury to another person, tangible physical property, or fixtures or structures placed on real property;
Specifies that a landowner who invites or allows any person to use the property for recreational purposes without charge confers upon the person the legal status of trespasser and does not assume responsibility for or incur liability for any injury to any person or property caused by an act or omission of the person while engaged in recreational activities without the failure to exercise just ordinary care;
Defines “blasting agent” and “detonator” as they relate to an offense regarding weapons;
Creates the crime of unlawful refusal to transfer a firearm when a person denies the sale of a firearm to a non-licensee solely on the basis that the non-licensee purchased a firearm that was later the subject of a trace request by law enforcement. Anyone violating this provision will be guilty of a class A misdemeanor;
Specifies that no firearm silencer may be possessed, manufactured, transported, repaired, or sold as a curio, ornament, or keepsake unless the seller is an importer, manufacturer, dealer, or collector licensed by federal law;
Specifies that a person may be guilty of unlawful possession of a firearm if he or she knowingly has any firearm in his or her possession and has previously been convicted of a felony in this state or a crime in any other state that would be a felony in this state;
Creates the crime of unlawful possession of an explosive weapon when a person possesses any explosive weapon and has pled guilty to or has been convicted of a dangerous felony, has attempted to commit a dangerous felony, has committed a crime in any other state which would be a dangerous felony in this state, has been imprisoned in this state or elsewhere during the five-year period immediately preceding the date of the possession, is a fugitive from justice, is habitually in an intoxicated or drugged condition, or is currently adjudged mentally incompetent. Anyone violating this provision will be guilty of a class C felony;
Closes any records of permits to obtain concealable firearms retained by any sheriff prior to August 28, 2007; and
(10)Removes the requirement that a person must reside in the state for a period of six months prior to applying for a concealed carry endorsement. (Signed 6/26/08)
SCS HCS HB 2188 — Mortgage Fraud. (See Administrative Law)
CCS SS SCS HB 2224 — Law Enforcement. (See Local Government Law)
SS SCS SB 714, 933, 899 & 758 — Sexual Offenses. Changes laws regarding sexual offenses. It its main provisions, the bill:
(1) Requires registered sexual offenders to include any online identifiers they may have on the sexual offender registry and requires the State Highway Patrol to make this information available to certain businesses or organizations for the purpose of prescreening users;
(2) Requires a juvenile who is 14 years of age or older at the time of his or her offense to register as an adult sexual offender if the offense would be considered a felony under Chapter 566, RSMo, and the offense is equal to or more severe than aggravated sexual abuse under 18 U.S.C. § 2241;
(3) Includes parental kidnapping in the definition of “dangerous felony;”
(4) Increases the penalty for parental kidnapping to a class C felony if it is committed by detaining or concealing the whereabouts of a child between 60 and 119 days and a class B felony for committing the action for 120 or more days;
(5) Increases the age of a possible victim of sexual misconduct involving a child from 14 years of age to 15 years of age and specifies that anyone attempting to commit sexual misconduct involving a child will be guilty of a class D felony;
(6) Specifies that any person who has committed an offense in any other state or foreign country or under any federal, tribal, or military jurisdiction which if committed in this state would be a sexual offense involving a child cannot reside within 1,000 feet of a public or private school or a child-care facility or be present in or loiter within 500 feet of any school building, on real property comprising any school, or in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school-related activity unless the offender is a parent, legal guardian, or custodian of a student present in the building;
(7) Creates the crime of age misrepresentation with intent to solicit a minor when a person knowingly misrepresents his or her age with the intent to use the Internet to engage in criminal sexual conduct involving a minor. Anyone violating this provision will be guilty of a class D felony;
(8) Specifies that a victim of the crime of promoting child pornography in the first degree must be or appear to be 13 years of age or younger and a victim of the crime of promoting child pornography in the second degree must be or appear to be 17 years of age or younger;
(9) Allows statements made by a child younger than 14 years of age regarding a pornography offense to be admissible in criminal proceedings;
(10) Specifies that any person who pleads guilty to, is found guilty of, or is convicted of promoting child pornography in the first degree will not be eligible for probation, parole, or conditional release for a period of three calendar years and any person who is found guilty of, pleads guilty to, or is convicted of promoting child pornography in the second degree will not be eligible for probation;
(11) Increases the penalty for the crime of possession of child pornography from a class D felony to a class C felony. Any person possessing more than 20 still images of child pornography; possessing one motion picture, film, videotape, videotape production, or other moving image of child pornography; or who has pled guilty to or been found guilty of a prior possession of child pornography offense will be guilty of a class B felony;
(12) Specifies that any property or material that constitutes child pornography must remain in the care, custody, and control of either the state or the court in any criminal proceeding;
(13) Specifies that it is not an affirmative defense to a prosecution for the crime of furnishing pornographic material to minors that the person being furnished the pornographic material is a peace officer masquerading as a minor;
(14) Revises the definition of “sexual assault” to include the act of enticement of a child or any attempt to commit the act;
(15) Requires any person convicted of, found guilty of, or pled guilty or nolo contendere to committing, attempting to commit, or conspiring to commit abuse of a child when the abuse is sexual in nature and any person conspiring to commit certain sexual offenses to register as a sexual offender;
(16) Specifies that any person required to register as a sexual offender must register within three days of conviction, release from incarceration, or placement upon probation. Currently, these individuals have 10 days to register;
(17) Requires any registered offender from another state who has a temporary residence in this state and resides more than seven days in a 12-month period to register for the duration of the temporary residency. Currently, these offenders must temporarily reside in the state for 14 days;
(18) Requires the offender registration form developed by the State Highway Patrol to include online identifiers used by the offender, palm prints, and a DNA sample if a sample has not already been obtained;
(19) Requires registered sexual offenders to notify the patrol within three days after a change to any information included on the registry. Currently, these offenders have 10 days after any change to update the registry;
(20) Increases the penalties for failing to register as a sexual offender;
(21) Requires any person required to register as a sexual offender to avoid Halloween-related contact with children, remain inside his or her residence between the hours of 5:00 p.m. and 10:30 p.m., post a sign at his or her residence stating “No candy or treats at this residence,” and leave all outside residential lighting off after 5:00 p.m. on October 31 of each year. Anyone violating this provision will be guilty of a class A misdemeanor; and
(22) Creates the Cyber Crime Investigation Fund to be funded by a $3 million annual appropriation and used for the Department of Public Safety’s grant program which provides assistance to certain law enforcement agencies investigating Internet sexual crimes against children.
Contains an emergency clause regarding the statements of a child in pornography criminal proceedings, the crime of promotion of child pornography, and the crime of possession of child pornography. (Signed 6/30/08)
HCS SB 733 — Crime Laboratories. Beginning December 31, 2012, requires any crime laboratory providing reports or testimony to a state court regarding the forensic analysis of evidence to be accredited or provisionally accredited by an organization approved by the Department of Public Safety. “Crime laboratory” is defined as a laboratory operated or supported financially by the state or any unit of city, county, or other local government that employs at least one scientist who examines physical evidence in criminal matters and provides expert or opinion testimony in a state court. (Signed 6/30/08)
HCS SS SCS SB 818 & 795 — Harassment and Stalking. Changes laws regarding harassment and stalking. A person commits the crime of harassment if he or she:
Knowingly communicates a threat to commit a felony to another person and in so doing frightens, intimidates, or causes emotional distress to the person;
Knowingly uses coarse language offensive to a person of average sensibility which puts the person in reasonable apprehension of offensive physical contact or harm;
Knowingly frightens, intimidates, or causes emotional distress to another person by anonymously making a telephone call or any electronic communication;
Knowingly communicates with another person who is or purports to be younger than 18 years of age and in so doing and without good cause recklessly frightens, intimidates, or causes emotional distress to the other person;
Knowingly makes repeated unwanted communications to another person; or
Purposely and without good cause engages in any other act that frightens, intimidates, or causes emotional distress to another person and the person’s response to the act is one of a person of average sensibilities considering the age of the victim.
The penalty for the crime of harassment is increased from a class A misdemeanor to a class D felony when a person at least 21 years of age commits the crime against an individual younger than 18 years of age or the person has had a previous harassment violation.
Currently, a person commits the crime of aggravated stalking when he or she purposely and repeatedly harasses or follows with the intent of harassing another person and makes a credible threat with the intent to place that person in reasonable fear of death or serious physical injury. This crime is expanded to include situations in which a person purposely, through his or her course of conduct, harasses or follows with the intent of harassing another person and makes a credible threat; at least one of the acts constituting the course of conduct is in violation of an order of protection and the person has received actual notice of the order; at least one of the actions constituting the course of conduct is in violation of a condition of probation, parole, pretrial release, or release on bond pending appeal; at any time during the course of conduct the other person is younger than 18 years of age and the person harassing is at least 21 years of age; or he or she 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.
The penalty for the crime of stalking is increased from a class A misdemeanor to a class D felony if the person has previously pled guilty to or been found guilty of a stalking violation. The penalty for the crime of aggravated stalking is increased from a class D felony to a class C felony if the person has previously pled guilty to or been found guilty of a stalking violation. (Signed 6/30/08)
CCS HCS SCS SB 930 & 947 — Transportation. (See Transportation Law)
HCS SB 932 — Law Enforcement. Currently, peace officers who make traffic stops are required to receive annual training concerning the prohibition of race profiling. This training requirement is changed to three hours within the law enforcement continuing education three-year reporting period.
Beginning with Fiscal Year 2010, the General Assembly is required to appropriate $3 million annually into the newly created Cyber Crime Investigation Fund to be used by the Department of Public Safety to administer grants to law enforcement agencies investigating Internet sex crimes against children and for the training of prosecuting and circuit attorneys and assistant prosecuting and circuit attorneys. (Signed 7/10/08)
SB 979 — Income Tax Credit for Surviving Spouses of Public Safety Officers. (See Taxation Law)
SB 980 — Police and Civilian Employees’ Retirement System of Kansas City. (See Labor/Employment Law)
HCS SCS SB 1034 & 802 — Scrap Metal. (See Commercial Law)