HB 1508 -- PRISON COMMITMENT

This bill removes the word "remand" from sentencing provisions
and replaces it with the term "prison commitment."  Prison
commitment is defined by the bill as the receipt by the
Department of Corrections of a defendant after sentencing.

The bill contains an emergency clause.

HB 1508 -- PRISON COMMITMENT (Relford)

This bill removes the word "remand" from sentencing provisions
and replaces it with the term "prison commitment."  Prison
commitment is defined by the bill, as the receipt by the
Department of Corrections of a defendant after sentencing.

This bill contains an emergency clause.

FISCAL NOTE:  No impact on state funds.

HB 1508 -- PRISON COMMITMENT

CO-SPONSORS:  Relford, Clayton, Barnett

COMMITTEE ACTION:  Voted "do pass by consent" by the Committee
on Criminal Law by a vote of 15 to 0.

This bill removes the word "remand" from sentencing provisions
and replaces it with the term "prison commitment."  Prison
commitment is defined by the bill, as the receipt by the
Department of Corrections of a defendant after sentencing.

This bill contains an emergency clause.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that the bill defines "prison
commitment" to fully implement Missouri's prior and persistent
offender statutes.  The change is necessitated by a recent
Missouri Supreme Court decision that interpreted the phrase
"remand to the Department" to mean sending a person back to the
Department of Corrections.  As a result, some prior offenders
could not be sentenced as prior and persistent offenders under
current sentencing statutes.

Testifying for the bill were Representative Relford; Department
of Corrections; and Office of the Attorney General.

OPPONENTS:  There was no opposition voice to the committee.

Michael Warrick, Legislative Analyst

HB 1508 -- Prior and Persistent Offenders Sentencing

Co-Sponsors:  Relford, Clayton

This bill removes the word "remand" from sentencing provisions
and replaces it with the term "prison commitment."  Prison
commitment is defined by the bill, as the receipt by the
Department of Corrections of a defendant after sentencing.  The
change is necessitated by a recent Missouri Supreme Court
decision that interpreted the phrase "remand to the Department"
to mean sending a person back to the Department of Corrections.
As a result, some prior offenders could not be sentenced as
prior and persistent offenders under current sentencing statutes.

This bill contains an emergency clause.