CCS/HCS#2/SCS/SB 480 - Modifies various provisions relating to the regulation of motor vehicles and transportation. Includes the following provisions relating to Criminal Law:
IGNITION INTERLOCK ENHANCED REQUIREMENTS - Under this act, a person whose driving privilege has been denied for 10 years for 3 or more DWI offenses, or for 5 years for 2 intoxication-related traffic offenses within a five-year period shall be required to use an ignition interlock device that has photo identification technology and global positioning system features when their license is reinstated or whenever a limited driving privilege is granted (Section 302.060). If monthly monitoring reports show during the period of reinstatement that the ignition interlock device has registered blood alcohol concentration readings above the set point established by the Department of Transportation, or that the person has tampered with or circumvented the ignition interlock device, an additional 6 months will be added to the person’s reinstatement.
Under current law, a person who has been convicted of a first time DWI or BAC is assessed points and receives a license suspension of 30 days (“hard walk”), followed by a 60 day restricted driving privilege. Under this proposal, a person who chooses to install an ignition interlock device shall serve a 15 day suspension, followed by a 75 day period of restricted driving privilege. The person’s license will be reinstated following the 75 day period if otherwise eligible by law. If the monthly monitoring reports show a violation during this 75 day restricted driving privilege, the person’s license will not be reinstated until the person completes an additional 75 day period of restricted driving privilege without any such violations. The act provides similar measures for persons whose driver’s license have been suspended under the administrative process.
Under current law, a person who has two or more DWI or BAC convictions, must have an ignition interlock device installed in order to have his or her driver license reinstated. The ignition interlock device must be maintained on the offender’s vehicles for a period of at least 6 months. Under this act, if monthly monitoring reports show during the period of reinstatement that the ignition interlock device has registered blood alcohol concentration readings above the set point established by the department of transportation, or that the person has tampered with or circumvented the device, then an additional six months will be added to the person’s reinstatement.
Under current law, persons with 5 year or 10 year license denials because of multiple DWI or other intoxication-related traffic offenses may seek a limited driving privilege after serving 2 or 3 years of the license denial. Under the terms of this act, such persons may seek a limited driving privilege after only serving 45 days of the denial or disqualification period. In addition, this act allows a person who has his or her license revoked for 2 alcohol-related enforcement contacts within 5 years to seek a limited driving privilege after completing the first 45 days of the 1 year revocation. Currently, such a person may is not eligible for a limited driving privilege.
The ignition interlock provisions have an effective date of October 1, 2013.
FAILURE TO APPEAR IN COURT - Under current law, if a person fails to timely dispose of a traffic ticket, the court will notify the director of revenue of such fact and the director will suspend the offender’s driver’s license until the person settles the matter by paying the fines and applicable court costs. Upon proof of disposition of the charges, and payment of a reinstatement fee, the director will return the license and remove the suspension from the person’s driver’s record. This act modifies this provision so that a commercial motor vehicle operator or a holder of a commercial driver’s license will not be eligible to have such a suspension removed from his or her driving record. This provision is contained in the truly agreed to versions of SB 470, SB 568, and HB 1402 (2012). The provision is also contained in the truly agreed to version of HB 430 (2011) and HCS/HB 818 (2011).
COMMUNITY SERVICE REQUIREMENTS FOR PRIOR AND PERSISTENT OFFENDERS - Current Missouri law (Section 577.023) allows prior and persistent offenders to participate in and successfully complete a DWI court in lieu of jail time or community service. A prior or persistent offender may escape the statutory minimum days of imprisonment by performing community service or successfully completing a DWI court program. Federal law, however, does not authorize DWI courts as an alternative to mandatory jailor community service. Under the terms of this act, prior and persistent offenders may avoid the minimum days of imprisonment by performing community service and completing a DWI court program, if such program is available. The DWI court program or other treatment program must include the minimal periods of community service. (See Motor Vehicles for a summary of additional provisions of this bill). (Signed 7/10/12)
SS/SCS/SBs 489 & 637 - Under current law, a person commits a class A misdemeanor if he or she possesses, manufactures, transports, repairs, or sells a switchblade knife. This act limits the prohibition to the possession, manufacture, transport, repair or sale of a switchblade knife when such uses violate federal law, and makes the crime a class C felony.
This act adopts a grandfather clause for those who were issued a firearms safety training certificate prior to the date the training standards for concealed carry endorsement applicants were increased, so these certificate-holders can receive a concealed carry endorsement without having to retake a training course. This act contains an emergency clause. (Signed 7/10/12)
CCS/HCS/SB 568 - Modifies various provisions relating to transportation. Subjects relating to Criminal Law include:
MOVE OVER LAW - Amends Missouri’s move over law so that drivers of motor vehicles approaching stationary emergency vehicles or vehicles owned by the commission and operated by Department of Transportation employees displaying amber or amber and white lights shall proceed with caution by making a lane change away from the stationary vehicle, if possible.
FAILURE TO APPEAR IN COURT - Under current law, if a person fails to timely dispose of a traffic ticket, the court will notify the director of revenue of such fact and the director will suspend the offender’s driver’s license until the person settles the matter by paying the fines and applicable court costs. Upon proof of disposition of the charges, and payment of a reinstatement fee, the director will return the license and remove the suspension from the person’s driver’s record. This act modifies this provision so that a commercial motor vehicle operator or a holder of a commercial driver’s license will not be eligible to have such a suspension removed from his or her driving record. This provision is contained in the truly agreed to versions of SB 470, SB 480, and HB 1402 (2012). (Signed 7/12/12)
CCS/HCS/SB 628 - Modifies provisions relating to the judiciary. Includes the following provisions relating to Criminal Law:
JOINT COMMITTEE ON CHILD ABUSE AND NEGLECT - This act establishes and specifies the legislative membership of the Joint Committee on Child Abuse and Neglect.Among other duties, the Joint Committee is required to:
(1) Study and analyze the state child abuse and neglect reporting and investigation system;
(2) Devise a plan for improving the decision process for removal of a child from a home;
(3) Determine the additional personnel and resources necessary to adequately protect children and improve their welfare; and
(4) Address the need for additional foster care homes and to improve the quality of care provided to abused and neglected children in the custody of the state.
SHERIFF’S CHARGE IN CIVIL CASES - Under current law, there is a special fund in each county treasury for certain funds coming into the possession of sheriffs that is to be used for the sheriff’s office. Land sale proceeds are not to be directed into the fund. Any proceeds in excess of $50,000 go into the general revenue in the county treasury.
Specifies that charges received by sheriffs for executing service of process or other court orders and land sale proceeds must be placed in the special fund, subject to the $50,000 cap on the fund.
COLLECTION OF FINES OR COSTS - Authorizes cities and counties that have established municipal courts to utilize collection agencies to collect unpaid and past due court fines, administrative fines, or costs associated with a finding of guilt for a criminal offense or infraction or entry of a civil judgment.
GREENE AND CASS COUNTY ASSOCIATE CIRCUIT COURT JUDGES - Allows associate circuit judges in Greene County to hear and determine county traffic ordinance violations. Allows such judges in both Greene and Cass counties to hear any county ordinance violation adopted pursuant to statute.
TRAFFICKING DRUGS - Currently, a person commits the crime of trafficking drugs in the first degree if he or she distributes, delivers, manufactures, produces or attempts to distribute, deliver, manufacture, or produce more than 2 grams of crack. If the quantity involved is between 2 and 6 grams, the person must be sentenced to the authorized term of imprisonment for a class A felony. If the quantity is 6 grams or more, the person will be ineligible for probation or parole. This act raises the quantity for a class A felony sentence to between 8 and 24 grams. If the person has 24 grams or more, the person will be ineligible for probation or parole.
Currently, a person commits the crime of trafficking drugs in the second degree if he or she possesses or has under his or her control, purchases, or attempts to purchase or brings into this state more than 2 grams of crack. If the quantity involved is between 2 and 6 grams, the person will be guilty of a class B felony. If the quantity is 6 grams or more, the person will be guilty of a class A felony. This act raises the quantity for a class B felony sentence to between 8 and 24 grams. If the person has 24 grams or more, the person will be guilty of a class A felony.
JUVENILE COURT JURISDICTION - See also HB 1171 (2012). Current law provides that the juvenile court shall have jurisdiction over any child up to 15 and 1/2 years of age who is involved in a state or local traffic violation. This act lowers such age so that the juvenile court would have jurisdiction over any child up to 15 years of age in such instances.
TERMINATION OF PARENTAL RIGHTS IN RAPE CASES - An automatic stay will be placed on paternity proceedings during the pendency of a criminal charge alleging and act of rape by the putative father. Denial of visitation rights by this act cannot be used against the mother in determining which parent is most likely to allow meaningful contact with the other parent.
MUNICIPAL ORDINANCE VIOLATIONS - Currently, municipalities that make an election to have violations of their ordinances heard by an associate circuit court or county municipal court must have all violations of their ordinances heard by such a court. This act allows municipalities to elect to have only violations by an accused with special needs due to mental illness or mental disorder heard by such courts. If the election is for an associate circuit court to handle such matters, the presiding judge of the circuit must consent to the election. If the election is for a county municipal court to handle such matters, a county contract must permit the election.
The prosecutor must make a designation of special needs on the information. The matter will be transferred back to the municipal court if the associate circuit court or county municipal court does not have established resources for handling such matters or the court determines the accused does not have special needs.
INMATE SECURITY FUND - Modifies the uses of money from a current court surcharge in criminal cases. The uses of moneys in the fund are modified to include the purchase of information sharing equipment to allow inmates, detainees or prisoners in a shorter term detention facility to be identified upon booking and tracked within certain law enforcement or criminal justice systems.
COST FOR EXAMINING ELECTRONICS IN SEXUAL OFFENSE CASES - Allows courts to order a defendant, upon a plea of guilty or a finding of guilt for a felony sexual offense, to reimburse the state or local law enforcement agency for the reasonable costs incurred in the examination of certain seized electronic devices. The costs will be established by each law enforcement agency, but the court may reduce the costs if it determines them to be excessive.
VULNERABLE PERSONS, DOMESTIC ASSAULT & CHILD ABUSE - Creates a hearsay exception for vulnerable persons similar to the exception for children under 14 used in certain criminal cases. There requirement that the offense be performed with or on the declarant is removed.
The crime of domestic assault is modified to include acts involving a child who is a member of the family or household and not acts against persons in a romantic relationship with the actor.
The crime of abuse of a child changed to abuse or neglect of a child. A person commits the crime if they cause a child under 18 to suffer physical or mental injury, to be placed in a situation which may result in physical or mental injury, or to suffer abusive head trauma. The crime is a class C felony. If the act involved serious physical or emotional injury or the person was previously found guilty of this crime, the person will be guilty of a class B felony. An act will be a class A felony if it involves a serious physical or emotional injury, the victim is less than 14 years old, and the injury is a result of sexual abuse. Section 568.060
FEDERAL SEIZURE PROCEEDS - Currently, a law enforcement agency involved in using the federal forfeiture system under federal law is required each fiscal year to acquire an independent audit of the federal seizures and proceeds therefrom and provide the audit to its governing body, the Department of Public Safety, and the Office of the State Auditor. This act removes the audit requirement and requires the law enforcement agency to file an annual report by January 31 regarding federal seizures and proceeds for the previous year with the department and the auditor’s office.
UNCLAIMED SEIZED ELECTRONICS - This act specifies that computers, computer equipment, computer software and hardware, cellular telephones, or other devices capable of accessing the internet which are used by the owner or with the owner’s consent as a means for committing felonies must be forfeited to the state. Such forfeited equipment that had been used in the acquisition, possession, or distribution of child pornography or obscene material may, upon a court order, be retained by the law enforcement agency and used in criminal investigations.
SENTENCING ADVISORY COMMISSION - The requirement that the Sentencing Advisory Commission biannually distribute its sentencing recommendations is eliminated. The commission is prohibited from making recommended sentences for specific cases pending in the courts.
SEXUAL MISCONDUCT INVOLVING A CHILD - The crime of sexual misconduct involving a child is modified to include when a person knowingly coerces or induces a female child who is known by the person to be younger than 15 years of age to expose the breasts of a female child through the internet or other electronic means for the purpose of arousing or gratifying the sexual desire of any person, including the child.
FIRST DEGREE PROPERTY DAMAGE - The crime of property damage in the first degree is modified to include when a person knowingly damages a motor vehicle of another while making entry into the vehicle for the purpose of stealing it or the damage occurs while committing the crime of stealing within the vehicle. Anyone who commits this crime will be guilty of a class C felony unless it is a subsequent violation in which case he or she will be guilty of a class B felony.
SEXUAL OFFENDER REGISTRY - Requires the Joint Committee on the Missouri Criminal Code to evaluate which offenses should be removed from the sexual offender registry. (See Judicial Administration for a summary of additional provisions of this bill). (Neither signed nor vetoed. Becomes law pursuant to Article III, Section 31, Missouri Constitution).
CCS/HCS/SCS/SB 631 - Employees of animal agricultural operations who videotape what they suspect is animal abuse must provide the recording to a law enforcement agency within 24 hours. Any such recordings must not be edited in any way. An intentional violation of the act is a class A misdemeanor. (See Agricultural & Animal Law for a summary of additional provisions of this bill). (Signed 7/9/12)
CCS/HCS/SB 636 - Modifies laws relating to the judiciary. Includes the following provisions relating to Criminal Law:
JOINT COMMITTEE ON CHILD ABUSE AND NEGLECT - See HCS/SB 628 (2012), supra.
FRANKLIN COUNTY MUNICIPAL COURT - This act allows any Franklin County to establish a county municipal court. If Franklin County creates a county municipal court, the first judges are to be appointed by the county commission for terms of four years and subsequent judges are elected for terms of four years.
FAILING TO PAY BI-STATE DEVELOPMENT AGENCY FARE - Persons convicted of failing to pay the fare for use of Bi-State Development Agency facilities and conveyances may be required to reimburse the reasonable costs attributable to the enforcement, investigation and prosecution of such offense to the agency.
JUVENILE COURT JURISDICTION - See HCS/SB 628 (2012), supra. See also HB 1171 (2012).
VIDEOCONFERENCING OF PROBATION AND PAROLE HEARINGS - Allows the board of probation and parole, or a hearing panel of such board, to conduct hearings with offenders via videoconference. Victims may testify at the site where the board is conducting the videoconference or at the institution where the offender is located. The offender or the victim may object to the use of videoconferencing and, upon such objection, the hearing will be conducted in person.
MUNICIPAL ORDINANCE VIOLATIONS - See HCS/SB 628 (2012), supra.
SS/SCS/SB 689 - A person who recklessly or purposely causes serious injury to an elderly person commits the crime of second degree elder abuse. Adds undue influence to the types of acts that, when committed against an elderly or disabled person, constitute the crime of financial exploitation. This act makes it an unlawful violation of the financial exploitation statute to fail to remit to a nursing facility in which a Medicaid eligible person resides all money owing the facility resident from any source. (See Elder Law for a more complete summary of the provisions of this bill). (Signed 7/11/12)
SS/SCS/SB 755 - Under this act, a person commits the crime of disturbing a house of worship if such person intentionally and unreasonably disturbs a building used for religious purposes by using profanity, rude or indecent behavior, or making noise. A person commits the crime if they engage in such behavior within the house of worship or so close to the building that the services are disturbed. A person also commits the crime if he or she intentionally injures, intimidates, or interferes with any person exercising the right to religious freedom or who is seeking access to a house of worship. A first offense is a class B misdemeanor, a second is a class A misdemeanor, and a third or subsequent offense is a class D felony. (Signed 7/10/12)
SCS/SB 789 - Under current law, a surcharge of $30 is assessed in criminal cases in which a defendant is found guilty of a felony, a surcharge of $60 is assessed if the defendant if found guilty of a class A or B felony or an unclassified felony under Chapter 195, and $15 is assessed if the defendant is found guilty of a misdemeanor. This money is deposited into the “DNA Profiling Analysis Fund”. The surcharge was set to expire on August, 28, 2013. This act extends the expiration date to August 28, 2019. Repeals a provision that redirects the funds to the state’s general revenue if such revenue did not increase by two percent or more from the previous fiscal year.
Current law requires people who move to Missouri under an interstate compact or other reciprocal agreement to provide a DNA sample if the offense committed in the other jurisdiction would be considered an offense requiring the collection of a DNA sample under Missouri law. Under this act, a DNA sample is collected from any person found guilty of any felony offense who moves to Missouri pursuant to an interstate compact or similar agreement.
This act requires offenders to provide a DNA sample at the time of registering as a sex offender.
When a prosecutor declines to prosecute someone whose DNA was collected at the time of arrest, the arresting agency is required under current law to notify the crime laboratory within 90 days. The crime lab must expunge the DNA records and sample unless the person is otherwise obligated to submit a sample.
This act specifies that the arresting agency has 90 days upon receiving notification by the prosecuting attorney to contact the crime lab. The crime lab then has 30 days from receiving notice by the arresting agency to determine whether the person arrested has any other offenses or arrests on record that would require the person to submit a DNA sample. If the person does not have any other qualifying arrests or offenses, then the crime lab must destroy the DNA records and sample. (Signed 7/9/12)
HCS/HB 1108 - Requires any telecommunications or cell phone service provider to provide call location information to law enforcement if law enforcement makes such a request when responding to an emergency that involves potential death or serious injury and the call location information is needed immediately. No cause of action may be brought in any court of law against a telecommunications or cell phone service provider, or their employees or agents, for providing the information required in the act. The act does not prohibit telecommunications or cell phone service providers from developing their own protocols for voluntary disclosure of call location information. (Signed 7/6/12)
SS/HB 1318 -Modifies provisions relating to mental health facilities.
DEPARTMENT OF CORRECTIONS MENTAL HEALTH PILOT PROGRAM - Allows the Department of Corrections to establish a three-year pilot program in which judges in participating counties may send a criminal offender, upon a motion by a prosecutor, to the Department of Corrections for 120 days for mental health assessment and treatment. The victim must be given notice and an opportunity to be heard before the judge rules on the motion.
At the end of the 120 days, the department must send an assessment report to the sentencing court, which may release the offender on probation. The state probation and parole officer for the offender must work with the Department of Mental Health to enroll eligible offenders into Community Psychiatric Rehabilitation programs.
Offenders are not eligible for the pilot program who have been found guilty of, or plead guilty to, second-degree murder, forcible or first-degree statutory rape, forcible or first-degree statutory sodomy, first degree child molestation that is classified as a class A felony, or any other offense that does not allow probation or parole. Those found to be predatory sexual offenders are also ineligible.
The directors of the Departments of Corrections and Mental Health are to report to the Governor and the General Assembly by December 31, 2015 on whether the program should be statewide.
DEPARTMENT OF MENTAL HEALTH EMPLOYMENT DISQUALIFICATION REGISTRY - A provider is guilty of a class A misdemeanor if the provider hires a person to hold any position knowing that such person has been disqualified under the provisions of this act.
NOTICE REGARDING THE RELEASE OF SEXUALLY VIOLENT PREDATORS - Under current law, if the Director of the Department of Mental Health determines that the sexually violent predator who has been committed to a facility determines that the person is not likely to engage in predatory acts if released, the director shall authorize the person to petition the court for release and such petition shall be served upon the court, the director, the director of the facility housing the person, and the Attorney General. This amendment provides that the petition shall also be served upon the prosecutor of the jurisdiction into which the committed person is to be released. (See Health & Hospital and Labor Law for a more complete summary of this bill). (Signed 7/6/12)
CCS/SS/SCS/HCS/HB 1402 -Modifies various provisions relating to the regulation of transportation. Includes the following provisions relating to Criminal Law:
BI-STATE FARE EVASION - This act requires persons convicted of failing to pay a fare for the use of Bi-State Development Agency facilities and conveyances to reimburse the reasonable costs attributable to the enforcement, investigation and prosecution of such offense to the agency.
FAILURE TO APPEAR IN COURT - Under current law, if a person fails to timely dispose of a traffic ticket, the court will notify the director of revenue of such fact and the director will suspend the offender’s driver’s license until the person settles the matter by paying the fines and applicable court costs. Upon proof of disposition of the charges, and payment of a reinstatement fee, the director will return the license and remove the suspension from the person’s driver’s record. This act modifies this provision so that a commercial motor vehicle operator or a holder of a commercial driver’s license will not be eligible to have such a suspension removed from his or her driving record. This provision may be found in the truly agreed to versions of SB 470, SB 480, and SB 568 (2012).
The other provisions included relate to:
NONRESIDENT VIOLATOR COMPACT
ADMINISTRATIVE HEARINGS AT REGIONAL LOCATIONS
FALSE STATEMENTS VIS-A-VIS MONTHLY SALES REPORTS - Any person who makes a false statement in a monthly sales report to the Department of Revenue is guilty of a class A misdemeanor.
MISUSE OF DEALER PLATES/SURRENDER OF PLATES - Allows any law enforcement officer or agent of the department to seize a dealer license plate or certificate of number if the officer or agent has probable cause to believe that it is being misused in violation of law.
PROCEDURE FOR REVOKING OR SUSPENDING A DEALER’S LICENSE - Provides that if a motor vehicle dealer who has his or her license suspended refuses to surrender his license and distinctive number license plates, then the department may direct a law enforcement officer to secure possession of the items.
Establishes a new administrative procedure for revoking or suspending a motor vehicle dealer license in situations that are deemed to present a clear and present danger to the public welfare. The act sets forth the administrative procedure and notice requirements for the suspension or revocation of a license (Section 301.562).
CRIMINAL HISTORY CHECKS TO OBTAIN LICENSE OR LIMITED DRIVING PRIVILEGES FOR CERTAIN OFFENDERS - Requires certain offenders to undergo criminal history checks in order to have their driver’s licenses reinstated or have limited driving privileges granted.
This act provides a definition for the term “criminal history check” for the drivers’ license chapter.
Under current law, the Department of Revenue is prohibited from issuing a driver’s license to anyone who has more than 2 driving while intoxicated convictions. However, a person may petition the court after 10 years from the date of the last conviction to have a new license issued. If, after reviewing the person’s record, it is found that the petitioner has not been convicted of alcohol-related offenses during the preceding 10 years, then the court may order the director to issue the petitioner a driver’s license.
This act requires the court to review the results of a criminal history check prior to making that determination.
Under current law, the Department of Revenue is prohibited from issuing a driver’s license to anyone convicted twice within a 5 year period of violating any driving while intoxicated law or any other intoxication-related traffic offense or to a person who has been convicted of the crime of involuntary manslaughter while operating a motor vehicle in an intoxicated condition. Under the terms of this act, after the expiration of 5 years from the date of the last conviction, a person may petition the court to have a new license issued. The court must review the petitioner’s record, including the results of a criminal background check, to determine whether the petitioner has not be convicted of and has no pending charges for alcohol-related offenses. If satisfied, the court may order the director to issue the petitioner a driver’s license.
Persons who petition the court for a reinstatement of his or her driver’s license under this act must submit a criminal record review application with the Missouri State Highway Patrol. The person seeking a reinstatement of his or her license must pay all fees related to the criminal history check.
The act makes similar provisions for those who apply for limited driving privileges (hardship license). (See Motor Vehicles for a more complete summary of this bill).(Signed 7/10/12)
SCS/HCS/HB 1525 - Modifies provisions relating to probation, parole and conditional release.
EARNED COMPLIANCE CREDITS - Under this act, the Division of Probation and Parole must award earned compliance credits to offenders placed on probation, parole, or conditional release beginning October 1, 2012. The credits are equal to thirty days of time served for every calendar month the offender remains in compliance with the terms of probation, parole, or conditional release. The credits reduce the duration of the term, but may be suspended or rescinded if the offender violates probation or parole. The offender must serve at least two years of the sentence on probation, parole, or conditional release. Only certain offenders of class C and D felonies or drug crimes who are not on lifetime supervision may earn the credits. In addition, the court may limit eligibility for offenders of certain felonies.
ADMINISTRATIVE JAIL SANCTIONS - Allows the Division of Probation and Parole to place offenders in jail for short periods of time when a probation and parole officer believes an offender has violated a condition of release unless the offender’s order of release includes detention as a condition of the probation or parole. The first period of detention may be no longer than 48 hours and the offender may only spend up to 360 hours in jail in a calendar year.
The department must reimburse counties at a rate determined by the department, but no less than $30 per day per offender, for the period of detention. The department must certify to the counties before imposing a period of detention that there are enough funds to cover the cost of reimbursement. If there is not enough funding to cover the reimbursement or the jail does not have enough space, then the jail may refuse to accept offenders for detention. Once released from the period of detention, the offender can continue the probation or parole term unless new or additional information is brought forward that the offender was involved in the commission of a crime.
MANDATORY PLACEMENT IN 120-DAY PROGRAM FOR FIRST REVOCATION - Under this act, the court must order the Department of Corrections to place certain offenders in one of the department’s l20-day programs before revoking the offender’s probation upon a determination by the court that the offender committed a violation of the terms of release.
Offenders who are on probation or parole for class C or D felony offenses or a drug offense, have not been placed in a 120 day program during the same sentence, and whose probation or parole violation does not fall within certain specified types of offenses are eligible for placement in one of the alternative programs. The court may also limit eligibility for offenders of certain class C and D felonies.
Once the offender has completed the program, the court must continue the term of probation, parole, or conditional release without modifying, enlarging, or extending the term based on the same violation.
Time served in the alternative program is to be credited against the offender’s sentence.
SENTENCING AND CORRECTIONS OVERSIGHT COMMISSION - This act creates a 13-member commission to oversee the implementation, and to calculate the effects, of this act. The duties of the commission also include determining ways to reinvest any cost savings realized from the passage of this act to pay for evidence-based practices to reduce recidivism and examining how restitution is collected for crime victims.
The Governor and Missouri Supreme Court chief justice have the authority to appoint certain members to the commission, which serve staggered four-year terms. In addition, this act requires the chairs and ranking minority members of the Senate Judiciary Committee and the House Appropriations Public Safety Committee, the directors of the Missouri State Public Defender System, Missouri Office of Prosecution Services, Missouri Department of Corrections, and the Board of Probation and Parole to serve as voting, ex officio members on the commission. The Judiciary chair and the Appropriations chair shall serve as co-chairs of the commission.
The commission must issue a report on December 31, 2012, and each year thereafter, to the Speaker of the House, Senate President Pro Tem, Missouri Supreme Court Chief Justice, and the Governor.
The provisions establishing the commission will expire on August 28, 2018. (Signed 7/6/12)
SS/HCS/HB 1647 - The act modifies provisions relating to public safety. Includes the following provisions relating to Criminal Law:
EXPUNGEMENT - Any person found guilty of a felony or misdemeanor offense of passing of a bad check, fraudulent stopping payment of an instrument, fraudulent use of a credit device, any misdemeanor offense of negligent burning or exploding under section 569.065, negligently setting fire under Section 569.067, second degree tampering under section 569.090, second degree property damage under subdivision (1) of subsection 1 of Section 569.120, first degree trespass under section 569.140, trespass under section 569.145, gambling under Section 572.020, private peace disturbance under section 574.020, drunkenness or intoxication under Section 574.075, or any class B or C misdemeanor offense of peace disturbance under Section 574.010 may file a petition with the court in which the offense was adjudicated to have records related to the offense expunged.
The petitioner must demonstrate the following criteria to have a record expunged:
Twenty years in the case of a felony, and ten years in the case of a misdemeanor or infraction, have elapsed since the person has completed his or her imprisonment, period of probation, or period of parole;
The person has not been found guilty of any misdemeanor or felony during that time;
The person has paid all restitution ordered by the court;
The circumstances and behavior of the petitioner warrant the expungement; and
The expungement is consistent with the public welfare.
A person may apply to have one or more eligible offenses expunged so long as such person lists all the offenses he or she is seeking to have expunged in the same petition.
The petition must name as defendants all law enforcement agencies, courts, prosecuting or circuit attorneys, central state repositories of criminal records, or others who the petitioner has reason to believe may possess the records subject to expungement for each of the offenses listed in the petition. The court’s order of expungement only affects those named as defendants.
At the hearing, which may be held no sooner than 30 days after the filing of the petition, the court may accept evidence and hear testimony on the criteria for each of the offenses listed in the petition for expungement.
If the court determines the person meets all the criteria for each of the offenses listed in the petition for expungement, the court may order expungement and provide the order to each entity named in the petition.
The order may not limit any of the petitioner’s rights that were restricted as a collateral consequence of the person’s criminal record, and such rights shall be restored upon expungement of the offense. No person whose records have been expunged may be found guilty of perjury or otherwise giving a false statement for failing to disclose the offense, however, the person must disclose the expunged offense when asked by a court or being charged with a criminal offense. The expunged offense may be considered a prior offense if the person is sentenced for committing a subsequent offense.
In addition, a person whose records have been expunged must disclose the offenses when necessary to complete any application for a license, certificate, or permit issued by the state to practice a profession, a gaming license, or paid or unpaid employment with a licensed gaming operation, the state lottery, or any emergency services providers, including any law enforcement agency.
Expunged offenses may not be used to automatically disqualify a person from such activities, but may be considered when denying employment, or a professional license, certificate, or permit.
Upon granting an order of expungement, the records and files maintained in any administrative or court proceeding in a municipal court, an associate circuit or circuit court division of the circuit court for any offense ordered expunged under this section shall be confidential and only available to the parties or by order of the court for good cause shown.
If the court determines that such person has not met the criteria for any of the offenses listed in the petition for expungement, the court must dismiss the petition. Any person whose petition for expungement has been dismissed may not re-file another petition until a year has passed since the date of filing for the previous petition.
A person may have records expunged by multiple courts, but may only have one expungement granted by each municipal and circuit court.
The clerk of the court is required to assess a $100 surcharge on all petitions for expungement. Moneys collected are payable to the General Revenue Fund.
See CCS/HCS/SB 628 (2012), supra.
UTILITY AND CABLE WORKERS - Under current law, there are crimes in the first, second, and third degrees for assaulting law enforcement officers, corrections officers, emergency personnel, highway workers in construction zones and probation and parole officers. The act includes utility workers and cable workers to the list of those protected.
WEAPONS - Under current law, a person commits a class A misdemeanor if he or she possesses, manufactures, transports, repairs, or sells a switchblade knife. This act limits the prohibition to the possession, manufacture, transport, repair or sale of a switchblade knife when such uses violate federal law, and makes the crime a class C felony.
Under current law, a person must be at least 21 years of age to apply for a concealed carry endorsement. This act allows the following types of people who are 18 years of age or older to apply for an endorsement: members of the United States Armed Forces or those honorably discharged from the armed forces. Such persons 18 years of age or older may also transport a concealable firearm in the passenger compartment of a motor vehicle without committing the crime of unlawful use of weapons.
This act allows holders of a concealed carry endorsement to briefly and openly display the firearm to another person unless the display is in an angry or threatening manner and not in self-defense.
Under this act, a person who has been adjudged mentally incapacitated or defective or involuntarily committed to a mental institution may petition for a removal of any disqualification on shipping, transporting, receiving, purchasing, possessing, or transferring a firearm imposed by federal or state law. The petition is to be filed in the circuit court in the petitioner’s place of residence or where letters of guardianship or other disqualifying order was entered. Prior to issuing a determination, the court must hold a hearing on the matter. The court’s decision is appealable, but a person may not file another petition for one year from the date of the court’s denial.
The petition process under current law for those adjudged incapacitated or involuntarily committed who wish to purchase, possess, or transfer a firearm is repealed.
Training requirements for concealed carry endorsement applicants were increased in HB 294 (2011). This act adopts a grandfather clause for those who were issued a firearms safety training certificate prior to the date the standards were increased, so these certificate-holders can receive a concealed carry endorsement without having to retake a training course. (Signed 7/10/12)
HCS/HB 1900 – This omnibus bill included the following provisions relating to Criminal Law:
Allows a person to appeal to the Administrative Hearing Commission any decision made by the Department of Public Safety regarding a claim filed on or after August 28, 2012, for compensation to victims of crime. The bill specifies a person’s rights regarding the appeal.
Provisions relating to injury or harassment of service dogs are also included. (See Agricultural & Animal Law, State Government, Local Government and Taxation Law for a more completely summary of additional provisions of this bill). (Vetoed 6/20/12)