Legislative Proposals for 2013

Criminal Code Revision
Criminal Code Review Subcommittee

The Missouri Criminal Code is contained within chapters 556 through 578.  The Missouri Criminal Code contains crimes and punishment, sentencing provisions, defenses, and principals of liability, and was enacted in 1979.  Prior to that, Missouri’s criminal laws were unorganized and scattered throughout the statutory scheme.  In 1969, Missouri Attorney General John C. Danforth organized a group of individuals to compile an organized and modern set of laws relating to crime and punishment which resulted in the Missouri Criminal Code.  Four years later, in 1973, a draft was submitted for consideration.  In 1977 that Code became effective.  Even at that time, there still existed several crimes that were contained in chapters outside the criminal code, but the essence of criminal law was contained within the Code.  Over the past thirty years, statutes have been amended, added or deleted, both inside and outside the Code relating to crime and punishment.  Very little concern has been given to maintaining the organization, harmony and consistent statutory scheme that is the essence of a Code.  It was recognized by the Missouri Bar Criminal Law Committee that there was a need to update and organize the Code again.  For the past four years, members of the Missouri Bar Criminal Law Committee have been working on a revision of the Missouri Criminal Code.  While the membership of the committee has varied slightly over time, the majority of members have been with the project in its entirety.  Over time, the goals of the committee have evolved.  Beyond clean-up and renumbering various statutes, both new and outdated, the sub-committee has endeavored to craft substantive recommendations that reflect the practical realities of the criminal justice system as it exists today in Missouri, for practitioners, crime victims and defendants. The sub-committee is comprised of career prosecutors and defense attorneys, who practice in this field on a daily basis.  The recommendations are borne out of anecdotal experience and practicality.

HB 210 Sponsor: Representative Stanley Cox
SB 253 Sponsor: Senator Jolie Justus
 
Code Revision Master Chart
Penalty Comparison
Repealed Sections
Chapters 455, 565, 569, 570, & 571
Chapters 566, 567, 568, & 573
Chapters 195 and 579
Chapters 300-307 and 577
Criminal Code Talking Points


Exemptions from creditor claims for inherited IRAs and HSAs
Probate and Trust Law Committee

The Proposal would amend RS Mo Sec.513.430.1 to clarify that an inherited IRA (Individual Retirement Account) is not subject to creditor claims.  The proposal would also clarify that health savings accounts (HSAs) are exempt from creditor claims. Inherited IRAs and HSAs may already be exempt from creditor claims but enough uncertainty exists to impair proper planning for clients.

SB 100  Sponsor: Senator Joseph Keaveny
HB 447 Sponsor: Representative John Diehl
 
Legislative Proposal Information Form 
IRA HSA Exemption Bill Fact Sheet