HCS HB 62 -- CRIME (Lipke)

COMMITTEE OF ORIGIN:  Committee on Crime Prevention

This substitute changes the laws regarding crime.  In its main
provisions, the substitute:

(1)  Prohibits law enforcement agencies from fingerprinting a
juvenile older than 15 years and six months of age who is alleged
to have violated a traffic ordinance unless the juvenile is
certified as an adult and requires law enforcement agencies to
forward a photograph and certification papers to the central
repository in cases where the juvenile has been certified as an
adult (Section 43.503.3, RSMo);

(2)  Requires the municipal prosecuting attorney to notify the
central repository of his or her decision not to file criminal
charges on any charge referred to him or her (Section 43.503.5);

(3)  Requires municipal court clerks to furnish the central
repository with a record of all charges filed in cases where the
central repository has an arrest record or fingerprint and
expands the list of crimes that are reportable to the central
repository (Sections 43.503.6 and 43.506);

(4)  Allows a court to order law enforcement agencies or court
marshals to fingerprint an individual at the time of any court
appearance if the person has not been fingerprinted for an
offense in which a fingerprint is required.  The order must
contain the offense, charge code, date of the offense, and any
other information necessary to complete the fingerprint card
(Section 43.503.9);

(5)  Revises the process by which a qualifying entity may obtain
a criminal record of certain individuals from the State Highway
Patrol (Section 43.540);

(6)  Specifies that the maximum fine for all municipal ordinance
violations in the City of Kansas City will be $1,000 except for
ordinances requiring compliance by an industrial user with any
pretreatment standard or requirement (Section 82.300);

(7)  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);

(8)  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);

(9)  Requires a photograph to be taken of an incarcerated
individual prior to release and made available to the victim upon
his or her request (Section 217.439);

(10)  Specifies that a detainer will not be lodged against any
person confined in a correctional facility until the Director of
the Department of Corrections receives a certified copy of a
warrant and a written request by the issuing agency to place the
detainer (Sections 217.450 and 217.460);

(11)  Requires the Governor to designate one member of the Board
of Probation and Parole as vice-chairman (Section 217.665);

(12)  Allows offenders to appear before the board by means of a
video conference, rather than personal appearance, at the
discretion of the board (Section 217.670);

(13)  Removes the provision that requires the prosecuting
attorney to appear in behalf of the Director of the Department of
Revenue in circuit court cases or hearings reviewing
administrative decisions regarding alcohol-related traffic
offenses (Section 302.311);

(14)  Specifies that any person who sells, vends, gives, or
otherwise supplies a person younger than 21 years of age with
nonintoxicating beer will be guilty of a class B misdemeanor for
a first offense and a class A misdemeanor for a subsequent
offense (Section 311.310);

(15)  Specifies that any person younger than 21 years of age who
purchases, attempts to purchase, or has in his or her possession
any nonintoxicating beer will be guilty of a misdemeanor.  Any
person younger than 21 years of age who purchases, attempts to
purchase, has in his or her possession any intoxicating liquor or
who is visibly in an intoxicated condition will be deemed to have
given consent to a chemical test or tests of the person's breath,
blood, saliva, or urine for the purpose of determining the
alcohol or drug content of the person's blood (Section 311.325);

(16)  Specifies that any person convicted of criminal securities
fraud will be fined up to $1 million, imprisoned for up to 10
years, or both and may be ordered to pay restitution for any loss
plus an interest rate of 8% per year from the date of the
violation or an additional civil penalty of up to $5,000 for each
violation against an elderly or disabled person (Section 409.5-
508 and 409.6-604);

(17)  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 and
488.5032);

(18)  Creates the crime of failure to appear if a person
knowingly fails to appear before any court or judicial officer as
required.  Failure to appear will be a class D felony if the
criminal matter for which the person was released included a
felony, a class A misdemeanor if the criminal matter includes a
misdemeanor, or an infraction if the criminal matter includes
only an infraction or a violation of a municipal ordinance
(Section 544.665);

(19)  Removes the requirement that court costs be assessed to the
prosecutor in trespass cases if the defendant is acquitted or the
prosecution fails (Sections 545.050 and 550.040);

(20)  Specifies that the statute of limitations for an arson
offense is five years (Section 556.036);

(21)  Specifies that the Board or Probation and Parole will not
have authority to supervise offenders who have pled guilty to or
been found guilty of rape and sodomy since these offenders will
no longer be eligible for probation (Section 559.106);

(22)  Revises the definitions of "domestic assault offense" and
"intoxication-related offense" to include any offense committed
in another state or any federal, tribal, or military offense
which, if committed in Missouri, would be considered a domestic
assault offense or an intoxication-related offense (Section
565.063);

(23)  Specifies that a person who commits the crime of assault of
a probation and parole officer in the first degree will be guilty
of a class A felony (Section 565.081);

(24)  Expands the crime of assault of a law enforcement officer,
emergency personnel, or probation and parole officer in the
first, second, and third degree to include a highway worker in a
construction or work zone (Sections 565.081, 565.082, and
565.083)

(25)  Expands the crime of tampering with a judicial officer to
include juvenile officers and deputy juvenile officers (Section
565.084);

(26)  Specifies that a prisoner or offender who commits sexual
misconduct in the second degree in the presence of an employee or
person assigned to work in any jail, prison, or correctional
facility will be guilty of a class D felony (Section 566.093);

(27)  Prohibits certain sexual offenders from being physically
present or loitering within 500 feet of or approaching,
contacting, or communicating with any child younger than 18 years
of age in any child care facility building or the real property
comprising any child care facility when children younger than 18
years of age are present in the building or on the grounds unless
the person is the parent, guardian, or custodian of a child in
the building or on the grounds.  Any person violating these
provisions will be guilty of a class A misdemeanor (Section
566.148);

(28)  Prohibits certain sexual offenders from knowingly being
present in or loitering within 500 feet of any real property
comprising any public park with playground equipment or public
swimming pool.  Any person violating this provision will be
guilty of a class D felony for the first offense and a class C
felony for a subsequent offense (Section 566.150);

(29)  Prohibits certain sexual offenders from serving as an
athletic coach, manager, or trainer for any sports team in which
a child younger than 17 years of age is a member.  Any person
violating this provision will be guilty of a class D felony for
the first offense and a class C felony for a subsequent offense
(Section 566.155);

(30)  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);

(31)  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);

(32)  Specifies that the term "stealing-related offense" will
include robbery and clarifies that a person who has pled guilty
to or been found guilty of two separate stealing offenses which
were committed on two separate occasions will be guilty of a
class B felony (Section 570.040);

(33)  Specifies that a person will be guilty of the crime of
making a false declaration, a class B misdemeanor, if he or she
provides any verbal false statement regarding his or her identity
which the person knows to be untrue (Section 575.060);

(34)  Increases the penalty for the crime of making a false
report from a class B misdemeanor to a class A misdemeanor
(Section 575.080);

(35)  Specifies that a person will be guilty of the crime of
making a false report if the person knowingly files a false
report with the Department of Natural Resources stating a
regulation or ordinance has been violated.  Anyone violating this
provision will be guilty of a class C misdemeanor (Section
575.082);

(36)  Increases the penalty for the crime of resisting or
interfering with arrest, detention, or stop from a class D felony
to a class C felony and specifies that resisting or interfering
with an arrest for a probation warrant, a parole warrant, a
capias warrant, or a bench warrant where the warrant issued was
related to a felony will be a class D felony (Section 575.150);

(37)  Creates the crime of disarming a peace or correctional
officer if a person intentionally removes from or deprives the
peace or correctional officer of the use of his or her firearm or
other deadly weapon while the officer is acting within the scope
of his or her official duties.  The crime, a class C felony, does
not include situations in which the person does not know or could
not reasonably have known that the person was a peace or
correctional officer or if the officer was engaged in felonious
conduct at the time of the disarmament (Section 575.153);

(38)  Expands the crime of tampering with a judicial proceeding
to include influencing the official action of a state prosecuting
or circuit attorney (Section 575.260);

(39)  Prohibits the use or possession of an alcohol beverage
vaporizer.  Any substance that has been approved by the federal
Food and Drug Administration as an over-the-counter or
therapeutic drug product administered by an authorized medical
practitioner is exempt (Sections 578.250 - 578.265);

(40)  Transfers the administration of the Crime Victims'
Compensation Fund from the Division of Workers' Compensation
within the Department of Labor and Industrial Relations to the
Department of Public Safety (Sections 595.010 - 595.045);

(41)  Adds pharmacists and pharmacies to the list of medical
providers who must verify injuries of crime victims if requested
by the Department of Public Safety (Section 595.027);

(42)  Requires crime victims to be paid up to $250 from the Crime
Victims' Compensation Fund to replace clothing, bedding, or other
personal items seized by law enforcement as evidence of a crime
(Section 595.030);

(43)  Allows the Department of Public Safety to receive gifts and
contributions to be credited to the fund for the benefit of crime
victims (Section 595.045);

(44)  Allows a victim to be represented by counsel or a
representative designated by the victim instead of appearing in
person during an offender's parole and probation revocation
hearings and allows crime victims to receive, upon request from
the Department of Corrections, a photograph taken of the
defendant prior to release from incarceration (Section 595.209);

(45)  Specifies that the State Highway Patrol must develop and
make available to appropriate medical providers evidentiary
collection kits.  The kits will be used by the provider to
perform forensic examinations for the purpose of gathering
evidence of a sexual offense.  The Department of Public Safety
must make payments to the providers to cover the charges of the
forensic examination if the victim or the victim's guardian
consents in writing to the examination and the report of the
examination is made on a form approved by the Attorney General
with the advice of the department.  The payments may be made from
money appropriated to the department or the Crime Victims'
Compensation Fund if the victim is an eligible claimant (Section
595.220);

(46)  Specifies that circuit courts do not have to use a
reasonable doubt standard when determining if an individual is a
sexually violent predator (Section 650.055);

(47)  Creates the Reverend Nathaniel Cole Memorial Pursuit
Reduction Grant.  Any money appropriated or donated to the fund
will be used to provide grants, in the amount of a 50% match, to
urban police departments which purchase real-time tagging and
tracking pursuit management systems.  An applicant's eligibility
will be determined by the Director of the Department of Public
Safety (Section 650.470); and

(48)  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 (Sections
229.110, 550.050, 550.070, 550.080, and 550.090).

FISCAL NOTE:  Estimated Cost on General Revenue Fund of More than
$317,734 in FY 2010, More than $358,817 in FY 2011, and More than
$366,583 in FY 2012.  Estimated Cost on Other State Funds of
$207,458 in FY 2010, FY 2011, and FY 2012.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:23 am