HCS HB 384 -- CRIMINAL OFFENSES AND PROCEDURES (Keeney)

COMMITTEE OF ORIGIN:  Committee on Crime Prevention

This substitute changes the laws regarding certain criminal
offenses and procedures.  In its main provisions, the substitute:

(1)  Requires the Department of Health and Senior Services to
implement an education and awareness program regarding the
financial exploitation of the elderly (Section 192.925, RSMo);

(2)  Specifies that any person who is in possession of less than
35 grams of marijuana, a class A misdemeanor, will also be
required to perform 25 hours of community service for a first
offense and 50 hours of community service for each subsequent
offense as part of his or her punishment (Section 195.202);

(3)  Establishes Hope's Law which changes the laws regarding the
crime of endangering the welfare of a child in the first degree.
Any person violating the provisions of Chapter 195 regarding the
possession or control of a controlled substance, except 35 grams
or less of marijuana, in the presence of or in a residence where
a person younger than 17 years of age resides will be guilty of a
class B felony (Sections 195.202 and 568.045);

(4)  Specifies that the Amber Alert System is to aid in the
location of abducted children rather than adults by defining
"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 (Section 210.1012);

(5)  Changes the jurisdictional age limit of juvenile courts for
state or local traffic violations from 15 l/2 to 15 years of age
(Section 211.031);

(6)  Allows the judge in a criminal or municipal case that is
dismissed before the defendant pleads guilty or is found guilty
to assess court costs against the defendant as specified in
Section 488.012 if the defendant consents to pay and is not
indigent and unable to pay the costs (Sections 479.260, 488.5025,
and 488.5032);

(7)  Removes the requirement that court costs be assessed to the
prosecutor in trespass and capital cases if the defendant is
acquitted or the prosecution fails (Sections 550.040 - 550.090);

(8)  Establishes Erica and Zayquon's Law and expands the crime to
include when a person knowingly causes the death of a child
younger than 18 years of age and a heinous element is involved in
the commission of the crime.  Currently, the crime of murder in
the first degree, a class A felony, occurs if a person knowingly
causes the death of another person after deliberation upon the
matter (Section 565.020);

(9)  Specifies that in order for a person to be guilty of the
crime of sexual contact with a prisoner or offender, the prisoner
or offender must be confined in a jail, prison, or correctional
facility (Section 566.145);

(10)  Specifies that the name of a defendant in a criminal case
for crimes of sexual assault, domestic assault, stalking, or
forcible rape will not be considered identifying information and
will not be redacted from court records (Section 566.226);

(11)  Establishes Karra's and Jocelyn's Law which increases the
penalty for the crime of endangering the welfare of a child 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 of a child by shaking a child younger than
five years of age by the arms, legs, chest, or shoulders (Section
568.045);

(12)  Specifies that a person who steals or receives a stolen
firearm or an explosive weapon will be guilty of a class C felony
regardless of the item's value (Sections 570.030 and 570.080);

(13)  Specifies that any person who fails to register as a sexual
offender will be guilty of a class C felony if the person is
required to register based on having committed an offense in any
other state or foreign country or under federal, tribal, or
military jurisdiction which, if committed in this state, would be
an offense under Chapter 566 and has previously pled guilty to or
has been found guilty of failing to register as a sexual offender
(Section 589.425); and

(14)  Repeals provisions regarding owning a hedge fence situated
along the right-of-way of any public road and certain provisions
regarding the payment of costs in criminal cases (Section
229.110).

FISCAL NOTE:  Estimated Cost on General Revenue Fund of Less than
$100,000 in FY 2010, FY 2011, and FY 2012.  No impact on Other
State Funds in FY 2010, FY 2011, and FY 2012.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:24 am