CCS SS SCS HCS HB 62 -- CRIME

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

(1)  Defines "unique biometric identification" as automated
methods of recognizing and identifying an individual based on a
physiological characteristic including, but not limited to,
facial recognition, fingerprints, palm prints, hand geometry,
iris recognition, and retinal scan and requires a law enforcement
agency to capture that identification from a person at the time
of his or her arrest if it is financially feasible for the agency
to do so and to forward the information to the central repository
of the State Highway Patrol (Sections 43.500 and 43.503, RSMo);

(2)  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);

(3)  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 or to the circuit
attorney (Section 43.503.5);

(4)  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);

(5)  Specifies that a person who knowingly uses or attempts to
use a false or misleading degree from any institution of higher
education or a degree from any institution of higher education in
a false or misleading manner, in connection with admission to any
institution of higher education or with any business, employment,
occupation, profession, trade, or public office, will be guilty
of a class C misdemeanor (Section 173.754);

(6)  Allows state college and university police officers to
respond to emergencies or natural disasters outside the
boundaries of college or university property and to provide
services if requested by the law enforcement agency with
jurisdiction (Section 174.700);

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

(9)  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.  Failure of the director to comply will not be the
basis for dismissing the indictment, information, or complaint
unless the court also finds that the offender has been denied the
constitutional right to a speedy trial (Sections 217.450 and
217.460);

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

(11)  Specifies that it will be an absolute defense to criminal
prosecution or civil liability for the killing or injuring of a
dog if the person was in reasonable apprehension of imminent
harmful contact by the dog or was acting to prevent the imminent
harmful contact against another person or under certain specified
conditions if the person has complained about the dog to the
appropriate authority on at least two occasions (Section
273.033);

(12)  Specifies that the owner or possessor of a dog that bites,
without provocation, any person on public property or lawfully on
private property or any dog that causes property or livestock
damage will be strictly liable for any damages suffered by the
bitten person or any damage to property or livestock and must pay
a fine of up to $1,000 (Section 273.036);

(13)  Specifies that any person convicted of two intoxication-
related traffic offenses within a five-year period will be denied
all driving privileges (Section 302.060);

(14)  Specifies that any person who knowingly or intentionally
produces, manufactures, sells, or otherwise distributes a
fraudulent document intended to serve as a motor vehicle
insurance identification card will be guilty of a class D felony
and any person who knowingly or intentionally possesses a
fraudulent card will be guilty of a class B misdemeanor (Section
303.024);

(15)  Specifies that any person 21 years of age or younger who
operates a moving motor vehicle while sending, reading, or
writing a text or electronic message by means of a hand-held
electronic wireless communications device will be guilty of an
infraction (Section 304.820);

(16)  Specifies that any person who possesses or uses a beer bong
or other drinking device used to consume similar amounts of
alcohol or any large volume alcohol container holding more than
four gallons of an alcoholic beverage on any river of this state
or who possesses an expanded polypropylene cooler on or within 50
feet of any river in this state except in specified areas will be
guilty of a class A misdemeanor.  This section does not apply to
the Mississippi, Missouri, or Osage rivers (Section 306.109);

(17)  Specifies that any person younger than 21 years of age who
purchases, attempts to purchase, or 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);

(18)  Allows a person to expunge an alcohol-related offense from
his or her record one year after turning 21 years of age if the
person has not been convicted of any other alcohol-related
offense.  Currently, expungement is allowed after one year or
upon reaching 21 years of age (Section 311.326);

(19)  Requires any person who owns or licenses personal
information of Missouri residents or conducts business in
Missouri who owns or licenses personal information of a Missouri
resident in any form to notify the affected consumer that there
has been a breach of security following the discovery or
notification of the breach.  Any person maintaining or possessing
records or data containing personal information on Missouri
residents that the person does not own or license must also
notify the owner or licensee of the information of any breach of
security immediately following the discovery of the breach.  The
manner and description of the notice which must be provided in
order to prevent violation of these provisions are specified.
The Attorney General has the exclusive authority to bring an
action to obtain actual damages for a willful and knowing
violation and may seek a civil penalty not to exceed $150,000 per
security breach (Section 407.1500);

(20)  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 interest at the rate of 8% per year from the date of the
violation and an additional civil penalty of up to $5,000 if the
violation was committed against an elderly or disabled person
(Sections 409.5-508 and 409.6-604);

(21)  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);

(22)  Removes the requirement that court costs be assessed to the
prosecutor in trespass cases, in certain capital cases, and in
all other trials on indictments or information if the defendant
is acquitted or the prosecution fails (Sections 545.050 and
550.040);

(23)  Specifies that the statute of limitations for certain arson
offenses will be five years (Section 556.036);

(24)  Removes the requirement that a full record of the
proceeding must be made by split-screen imaging and recording of
the proceedings in the courtroom and the place of custody or
confinement when a person in custody is required to be present in
court (Section 561.031);

(25)  Revises the definition of "domestic assault 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 (Section 565.063);

(26)  Expands the crime of assault of a law enforcement officer,
emergency personnel, or probation and parole officer in the
first, second, and third degrees to include a corrections officer
(Sections 565.081, 565.082, and 565.083)

(27)  Expands the crime of tampering with a judicial officer to
include a juvenile officer, deputy juvenile officer, state
prosecuting or circuit attorney, and state assistant prosecuting
or circuit attorney (Section 565.084);

(28)  Specifies that the Attorney General may request the
prosecuting attorney of Cole County to issue a subpoena to any
witness who may have information for the purpose of oral
examination under oath in the course of a criminal investigation
of a sexual or pornography offense if the venue of the alleged
criminal conduct cannot be determined (Sections 566.013 and
573.013);

(29)  Prohibits certain sexual offenders from knowingly being
physically present in 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 offender 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);

(30)  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 a 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);

(31)  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);

(32)  Specifies that any person who possesses amphetamine or
methamphetamine in the presence or residence of a person younger
than 17 years of age will be guilty of endangering the welfare of
a child in the first degree (Section 568.045);

(33)  Specifies that a person who steals or receives a stolen
firearm, explosive weapon, livestock, or certain captive wildlife
will be guilty of a class C felony.  Any person who is convicted
of stealing or receiving stolen livestock or captive wildlife
when the value of the animal or animals stolen exceeds $3,000
will be guilty of a class B felony and must serve 80% of his or
her prison sentence before being eligible for probation, parole,
conditional release, or any other early release by the Department
of Corrections (Sections 570.030 and 570.080);

(34)  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-related offenses
which were committed on two separate occasions within 10 years of
the date of the occurrence of the current offense will be guilty
of a class B felony (Section 570.040);

(35)  Removes the requirement that an offender have knowledge of
the content and character of obscene materials or pornographic
items for the crimes of promoting obscenity in the first and
second degrees, sexual exploitation of a minor, promoting child
pornography in the first and second degrees, possession of child
pornography, furnishing pornographic material to minors, and
coercing acceptance of obscene material (Sections 573.020,
573.023, 573.025, 573.030, 573.035, 573.037, 573.040, and
573.065);

(36)  Expands the standard for the crimes of sexual exploitation
of a minor, possession of child pornography, and public display
of explicit sexual material from knowingly to knowingly or
recklessly (Sections 573.023, 573.037, and 573.060);

(37)  Expands the crime of resisting or interfering with an
arrest, detention, or stop to include an arrest for a warrant
issued by a court or a probation and parole officer.  Anyone
resisting or interfering with an arrest for a felony or a warrant
issued for failure to appear on a felony case or for a probation
violation on a felony case will be guilty of a class D felony
(Section 575.150);

(38)  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);

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

(40)  Specifies that a person will be guilty of the crime of
misuse of official information if he or she knowingly or
recklessly obtains or discloses information from any criminal
justice information sharing system that contains individually
identifiable information (Section 576.050.2);

(41)  Allows a judge to order a person who pleads guilty to or is
found guilty of an intoxication-related traffic offense to
abstain from consuming or using alcohol as demonstrated by
continuous alcohol monitoring or verifiable breath alcohol
testing as a condition of probation (Section 577.023);

(42)  Specifies that the owner or possessor of a dog that has
previously bitten a person or domestic animal without provocation
and bites any person on a subsequent occasion will be guilty of a
class B misdemeanor.  If the attack results in serious injury to
any person, the owner or possessor will be guilty of a class A
misdemeanor.  If the attack results in serious injury to any
person and a previous attack also resulted in a serious injury to
any person, the owner or possessor will be guilty of a class D
felony.  It will be a class C felony if the attack results in
death (Section 578.024);

(43)  Specifies that any person who removes an electronic or
radio transmitting collar from a dog without the permission of
the dog's owner with the intent to prevent or hinder the owner
from locating the dog will be guilty of a class A misdemeanor and
ordered to pay restitution for any lost or killed dog and any
lost breeding revenues (Section 578.028);

(44)  Prohibits the use or possession of an alcohol beverage
vaporizer.  Any substance that has been approved by the United
States Food and Drug Administration as a therapeutic drug
product, is contained in an approved over-the-counter drug
product, or is administered lawfully by an order of an authorized
medical practitioner is exempt from this provision.  Anyone
violating this provision will be guilty of a class B misdemeanor
for the first violation and a class D felony for a subsequent
violation (Sections 578.250 - 578.260);

(45)  Prohibits any person who owns or operates a business as a
live entertainment performance venue or receives over 50% of its
gross annual income from the sale of recorded video entertainment
from selling certain solvents to induce intoxication (Section
578.265.3);

(46)  Allows an offender of certain misdemeanor sexual offenses
to petition to exempt his or her name from the sexual offender
registry if he or she meets current qualifications for the
removal or exemption and was younger than 19 years of age at the
time of the offense (Section 589.400);

(47)  Specifies that any person who has committed an offense in
any other state or foreign country or under federal, tribal, or
military jurisdiction, which if committed in Missouri would be a
sexual offense, will be guilty of a class C felony if the person
fails to register as a sexual offender on a second offense
(Section 589.425);

(48)  Requires custodial interrogations of certain offenders to
be recorded when feasible unless certain exceptions exist,
requires law enforcement agencies to adopt written policies
regarding interrogations, allows law enforcement agencies to
record an interrogation in any circumstance with or without
knowledge or consent of the suspect, and allows the Governor to
withhold state funds from a law enforcement agency that fails to
comply with the provisions of this section (Section 590.701);

(49)  Specifies that circuit courts do not have to use a beyond-
a-reasonable-doubt standard when determining if an individual is
a sexually violent predator and requires any person who must
register as a sexual offender to provide a fingerprint in
addition to the current requirement of a blood or scientifically
accepted biological sample for the purpose of DNA profiling
analysis (Section 650.055);

(50)  Establishes the Crime Laboratory Review Commission within
the Department of Public Safety to provide an independent review
of any state or local crime laboratory receiving state-
administered funds.  The commission must submit an annual report
to the Governor on its activities and any suggestions to improve
the quality management systems within the crime laboratories
(Section 650.059);

(51)  Allows law enforcement officers to inspect any record open
to inspection by the State Veterinarian or the Department of
Agriculture of any livestock sales or market licensee without
prior notice or obtaining a search warrant during regular
business hours to determine the origin and destination of any
livestock handled by the licensee.  Anyone violating or failing
to comply with this provision will be guilty of a class A
misdemeanor, and gross negligence or willful noncompliance by a
licensee will result in the suspension or revocation of his or
her license (Section 1);

(52)  Changes all references in statute of "Criminal Records and
Identification Division" or "Criminal Records Division" to
"Central Repository" (Section 2);

(53)  Creates the crime of promoting online sexual solicitation
if the person or entity knowingly allows a web-based classified
service owned or operated by a person or entity to be used by
individuals to post advertisements promoting prostitution,
enticing a child to engage in sexual conduct, or promoting sexual
trafficking of a child after receiving notice by certified mail
or facsimile transmission from the Attorney General or any
prosecuting or circuit attorney that the advertisement is
prohibited.  Anyone promoting online sexual solicitation will be
guilty of a felony, punishable by a $5,000 fine for each day the
advertisement remains posted after 72 hours of receiving the
notice (Section 3); and

(54)  Repeals provisions regarding the cutting requirements of a
person 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).

The bill contains an emergency clause for the provisions
regarding a judge ordering certain individuals to continuous
alcohol monitoring or verifiable breath alcohol testing as a
condition of probation and the repeal and re-enactment of Section
577.029.

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