Taking the Lead

In recent months, there has been some buzz regarding the need for a revision to Missouri’s Criminal Code. A legislative proposal, drafted by a specially-appointed Missouri Bar committee and endorsed by the bar’s Board of Governors, is receiving significant attention from legislators during the opening weeks of the Missouri General Assembly’s current session. The proposal represents the first major update of the Missouri Criminal Code since 1979. The Criminal Code includes those statutes that pertain to crimes and punishments, sentencing provisions, defenses, and principles of liability.

After the inception of the Code, it soon began to look like a collage, with overlapping pieces, differing elements, and conflicting sentencing provisions. This was not done intentionally. The fact of the matter is that, as constituents raised issues, legislators were able to initiate legislation that added elements to an existing crime or, in many circumstances, created entirely new crimes – some of which were previously only civil matters.

During the last 30 years, the Code became an unmanageable quagmire and was in definite need of revision. Had The Missouri Bar not taken the lead on this project, such a task might have taken many years. The need for the revisions in the bar’s proposal was actually born from the many discussions among prosecutors, defense attorneys and the judiciary while looking at the overall status and problems with our criminal justice system.

In the years since the last update to the Criminal Code, some statutes have become outdated, new crimes have been defined, and some punishments have become inconsistent. The new revision will not only make the law more cohesive and easier to understand, but it will also make penalties more consistent and just. The effects of each change have been carefully considered, with the overall aim to develop a coherent structure that eliminates redundant statutes and inconsistent sentencing provisions. The final product reflects a consensus that these changes are needed and will vastly improve the criminal justice system in Missouri.

Specific recommendations within the proposal include:

  • Increasing the fine schedule for all classes of crimes for the first time since the 1970s to account for inflation;
  • Providing for consistency in the felony threshold value for property-related crimes;
  • Creating a new fourth class of misdemeanor (Class D) for low-level, high-volume, first-time offenses;
  • Allowing some offenses to be disposed of by means of a fine, while maintaining the seriousness of a misdemeanor conviction rather than an infraction;
  • Createing a new fifth class of felony to allow prosecutors more flexibility in the charging and disposition of criminal cases;
  • Reorganizing the assault chapter from the current 25-plus separate assault offenses to four degrees of assault and four degrees of domestic assault, while respecting the public policy of the General Assembly by defining and creating punishment enhancements for the assault of “special victims” (law enforcement, etc.);
  • Restructuring drug-related crimes, using a stairstep approach, to allow prosecutors, defense attorneys and courts more flexibility in disposition.

I would like to take this opportunity, as my first public thanks, to those attorneys, judges and lawmakers who served on the original Missouri Bar subcommittee to revise the Criminal Code:

Senator Jolie Justus and Representative Stan Cox, both members of our bar and of the committee, for being the lead sponsors for this legislation. Their leadership and support will mean a great deal toward our success in passing this legislation.

Co-chairs Jason Lamb, executive director of the Office of Prosecution Services, and Gwenda Robinson, Appellate/PCR District Defender for the Missouri Public Defender.

Members Alexa Pearson, Bob Brandon, Brian Keedy, Brian Stumpe, Catherine Zacharias, Christopher Hatley, Christopher Seufert, Karen Kramer, Dan Gralike, Judge Dan Scott, Daniel L. Viets, Donald Cooley, Daniel Dodson, Ellen Flottman, Greg Linhares, John Mermelstein, Professor Ed Hunvald, Joe Bednar, J.B. Lasater, Joel Elmer, Peter Joy, Kathi Alizadeh, Kevin O’Brien, Nicole D. Volkert, Stephen Sokoloff, Rachel Smith, Robert Livergood, Shirley Rogers, Steve Fenner, Timothy R. Cisar, Terrence Messonnier, Rod Uphoff, and John Rupp

In March of 2010, the committee was streamlined so that it could operate a little more efficiently. Here is the committee as it was from March 2010 to the present:

Kathi Alizadeh (APA), Jennifer Bukowsky (DL), Tim Cisar (DL), Joel Elmer (PD), Ellen Flottman (PD), Dan Gralike (PD), Chris Hatley (PD), Ed Hunvald (Prof at MU Law), Brian Keedy (PA), Karen Kramer (AAG), Cathy Zacharias (OSCA), Terrence Messonnier (AAG), Alexa Pearson (PD), Chris Seufert (APA), Rachel Smith (ACA), Steve Sokoloff (PA), Dan Viets (DL), and Nicole Volkert (PA).

We also added legislative members in mid-2010, two of whom attended a couple of meetings each: Senators Jolie Justus and Kurt Schaefer, and Representatives Stanley Cox and Mike Colona.

The hours dedicated to this cause by each of these members will directly benefit all of Missouri’s citizens and typifies the good work regularly accomplished by our committees. This is an example of exactly the type of issue where the bar should take the lead, and where our members’ expertise is unique and beneficial to the legislature.

Here is a link to the Criminal Code legislation. If each Missouri Bar member who sees the need for this revision will contact their representative or senator to show their support, we may be able to pass this much-needed legislation in this session. Please let me know if you can help and I will send you a big thank you!