SPONSOR: Schneider (Hosmer)

COMMITTEE ACTION: Voted "do pass" by the Committee on Criminal Law by a vote of 16 to 0.

This substitute makes changes to laws concerning crimes and punishments. In its major provisions, the substitute:

(1) Specifies that a state offense cycle number (OCN) must be supplied or approved by the Highway Patrol, and defines the "Missouri charge code" as a unique number assigned by the Office of State Courts Administrator to each offense for tracking purposes. The substitute requires the Department of Corrections to supply the central repository with all legal name changes, in addition to information that must already be updated (Sections 43.500, 43.503, RSMo);

(2) Makes gamma hydroxybutyric acid (GHB) a Schedule I controlled substance, except in circumstances where GHB or its derivatives have been approved for medical use, in which case it is a Schedule III controlled substance. The substitute also makes ketamine and its derivatives a Schedule III controlled substance and removes it from the list of Schedule IV substances (Section 195.017);

(3) Establishes an affirmative defense to the crimes of abandonment of a child in the first degree and endangering the welfare of a child in the first and second degree if a parent leaves a newborn in the custody of a licensed medical facility, the newborn is no more than 30 days old, and the newborn has not been abused (Section 210.950);

(4) Requires the State Board of Probation and Parole to provide probation services for offenders convicted for criminal nonsupport when charged as a class A misdemeanor. Currently, the board only provides probation services for criminal nonsupport offenders when charged with class D felonies (Section 217.750);

(5) Allows regional jail district commissions to submit an order for an additional sales tax to provide jail services, court facilities, and equipment for the region if voted on by the district (Section 221.407);

(6) Requires a check for outstanding warrants of all prisoners about to be released. If outstanding warrants exist, the prisoner may not be released and the jurisdiction issuing the warrant must be informed (Section 221.510);

(7) Clarifies that "secure facilities" for persons acquitted due to mental disease or defect include the Marshall Habilitation Center. The substitute also states that parents or guardians of committed persons may appeal any transfer to the Marshall Habilitation Center (Sections 552.020 and 552.040);

(8) Includes juvenile officers among those protected under provisions concerning the crime of tampering with a judicial officer (Section 565.084);

(9) Makes it a class D felony to knowingly engage in sexual conduct with an animal, or knowingly cause another to engage in sexual conduct with an animal for sexual gratification (Section 566.111);

(10) Creates the crime of leaving a child unattended in a motor vehicle. The crime is committed in the first degree when a child who is 10 years old or younger is knowingly left unattended in a motor vehicle and fatally injures another person with the vehicle. The crime is committed in the second degree if the child injures another person with the vehicle. Knowingly leaving a child unattended in the first degree is a class C felony. In the second degree, the crime is a class A misdemeanor (Section 568.052);

(11) Creates the crime of an unlawful drug transaction with a child, defined as a person less than 17, and makes it a class A felony. Ignorance as to the age of the child is not a defense (Section 568.072);

(12) Makes it a class B felony to buy or sell or attempt to buy or sell any person less than 18 years of age (Section 568.176);

(13) Increases the penalty for aiding in the escape of a prisoner being held in custody or confinement on the basis of a felony charge or conviction from a class D to a class B felony (Section 575.230);

(14) Allows the court, after considering all the circumstances, to close to the general public and law enforcement agencies certain criminal and juvenile records. Knowingly failing to close or releasing closed information is a class B misdemeanor. Knowingly using closed records is a class D felony (Sections 610.122, 1, 2, 3, 4, 5, and 6);

(15) Requires the Highway Patrol to develop, operate, and maintain an information system for the storage and analysis of Highway Patrol and other, self-reported, law enforcement agency incident and arrest reports. Data included must also address activity relating to the distribution of methamphetamine and other illegal drugs (Section 650.400); and

(16) Requires the Highway Patrol to provide information to the national systems and annually publish a report to the Governor and the Department of Public Safety. The penalty for violation of these provisions is potential ineligibility for state and federal funds (Section 650.403).

FISCAL NOTE: Estimated Net Cost to General Revenue Fund of $2,296,323 to Unknown in FY 2001, $1,978,281 to Unknown in FY 2002, and $2,020,830 to Unknown in FY 2003. Estimated Net Cost to Criminal Record System Fund of $284,118 in FY 2001, $598,198 in FY 2002, and $613,187 in FY 2003.

PROPONENTS: Supporters of SB 530 say that there are presently facilities in Marshall that are available for housing defendants who are acquitted due to mental disease or defect. Transferring these defendants would be beneficial because other facilities in the state are not as secure, and communities often do not want to house the defendants.

Testifying for the bill were Senator Schneider; ARC of Missouri; and Office of the Attorney General.

OPPONENTS: There was no opposition voiced to the committee.

Sarah Madden, Legislative Analyst