HCS HB 1404 & 1262 -- CRIMINAL PROCEDURE

SPONSOR:  Hosmer

COMMITTEE ACTION:  Voted "do pass" by the Committee on Criminal
Law by a vote of 17 to 0.

Current law allows a defendant to receive a reduction in
punishment for an offense when the punishment is reduced by the
statute enacted after the offense was committed but before the
defendant is sentenced.  This substitute eliminates that
provision.

The substitute also removes the power of the Board of Probation
and Parole to convert consecutive sentences to concurrent
sentences when determining a total prison term.

Law enforcement officials are permitted to detain a person for
32 hours without charging a crime if the person has been
arrested for first degree assault or robbery, forcible rape or
sodomy, or distribution or manufacture of drugs.  Currently, a
person who is arrested for these offenses must be released
within 20 hours unless charged with a crime.

FISCAL NOTE:  Cost to General Revenue Fund exceeds $100,000 in
FY 2001, FY 2002, and FY 2003.

PROPONENTS:  With respect to changes in sentencing provisions,
supporters say that persons previously convicted should not
receive the benefit of recent changes to the law that were not
contemplated before, and the Board of Probation and Parole
should not have the discretion to change a judicial order by
making consecutive sentences run concurrently.

With respect to the hold provisions, supporters say it is very
difficult to process suspects within the current time limits,
because people are often intoxicated or under the influence when
arrested, weekends interrupt the process and limit the ability
to gather evidence, and new scientific methods of investigation
are often more time-consuming.

Testifying for the bill were Representative Hosmer; Office of
the Attorney General; and Missouri State Fraternal Order of the
Police.

OPPONENTS:  Those who oppose the bill say that by increasing the
number of hours the police are permitted to hold suspects,
abuses will occur and civil liberties will be violated.

Testifying against the bill were Missouri Association of
Criminal Defense Lawyers; and American Civil Liberties Union.

Sarah Madden, Legislative Analyst

HB 1404 -- Sentencing

Co-Sponsors:  Hosmer, Wagner, Britt, Parker

Current law allows a defendant to receive a reduction in
punishment for an offense when the punishment is reduced by the
statute enacted after the offense was committed but before the
defendant is sentenced.  This bill eliminates that provision.

The bill also removes the power of the Board of Probation and
Parole to convert consecutive sentences to concurrent sentences
when determining a total prison term.