HCS HB 1577, 1760, 1433, 1430, 1029 & 1700 -- CRIMES AND
PUNISHMENT

SPONSOR:  Hosmer (Campbell)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Criminal
Law by a vote of 12 to 0.

TAMPERING WITH PHARMACEUTICALS

This substitute creates the crime of tampering with a
prescription drug order.  A person commits this crime if he or
she purposely:

(1)  Misbrands, dilutes, or alters the concentration or chemical
structure of a prescribed drug or therapy without the prescribing
practitioner's knowledge or consent;

(2)  Misrepresents a misbranded, altered, or diluted drug with
the purpose of misleading the recipient or the person
administering the drug or therapy; or

(3)  Sells a misbranded, altered, or diluted drug or therapy with
the intention of misleading the purchaser.

Tampering with a prescription drug order is a class B felony.  It
is a class A felony if death or serious physical injury occurs as
a result of the tampering.  Tampering with a prescription drug
order is also an unlawful merchandising practice pursuant to
Section 407.020, RSMo.

The substitute changes the standard for grounds for disciplinary
action against a pharmacist from action that constitutes a "clear
and present danger" to action that poses a "probability of
serious danger."  It also allows the State Board of Pharmacy to
restrict or suspend the license of a pharmacist if the board
believes the pharmacist has taken action that poses a probability
of serious danger, pending the action of the Administrative
Hearing Commission, and requires the board to file a request for
an expedited hearing with the commission within three business
days of the restriction or suspension.

COUNTY CRIME REDUCTION FUNDS

The substitute allows county commissions to create county crime
reduction funds and specifies the purposes for which the money in
the funds can be spent.

STEALING

The substitute makes various changes in the stealing and forgery
laws.  In its major provisions, the substitute:

(1)  Requires certain merchants to provide to law enforcement
officers proof of purchase for any new or unused property within
72 hours;

(2)  Adds the use, alteration, possession, or reproduction of a
sales receipt, price tag, or universal price code label with the
intent to defraud a retailer to the definition of the crime of
stealing;

(3)  Revises the penalty provisions for stealing.  Stealing is a
class D felony if the value of the property stolen is at least
$500 but less than $750.  The value of the property for the
existing class C felony remains at $750.  The substitute also
raises the felony limit for other specified crimes involving
theft from $150 to $500;

(4)  Revises the penalty provisions for receiving stolen
property.  Receiving stolen property that has a value of at least
$500 but less than $750 is a class D felony.  Receiving stolen
property with a value of $750 or more is a class C felony;

(5)  Revises the definition of "forgery" to include making or
altering receipts and universal product codes or using receipts
or universal product codes that have been made or altered; and

(6)  Allows a person to whom a bad check was issued to collect
the face amount of the check, a service charge up to $30, and an
amount equal to the amount charged for the return of the bad
check when the bad check is not referred for prosecution.

RESISTING OR INTERFERING WITH DETENTION OR STOP

Currently, resisting or interfering with arrest for a felony by a
means other than flight is a class D felony, otherwise it is a
class A misdemeanor.  The substitute subjects resisting or
interfering with a detention or stop to the same penalties and
makes resisting an arrest by fleeing in a manner that creates a
substantial risk of injury or death to any person a class D
felony.

DNA EVIDENCE

The substitute changes several laws regarding the use of DNA
evidence in criminal procedures.  In its main provisions, the
substitute:

(1)  Instructs the Department of Public Safety to include in its
DNA profiling system a separate DNA database of persons whose
identity is unknown;

(2)  Specifies the exact crimes for which, when convicted, a DNA
sample must be given.  Current law states, without specifying
exact crimes, that all violent offenses in Chapter 565 and all
sex offenses in Chapter 566 trigger testing; and

(3)  Specifies the procedures for requesting, searching, using,
disseminating, and expunging DNA profiles from the Missouri DNA
profiling system.

HIV TESTING OF OFFENDERS

The substitute makes various revisions to the law requiring HIV
testing of sexual offenders.  In its major provisions, the
substitute:

(1)  Allows prosecuting attorneys who are prosecuting cases
involving transmission of HIV and prostitution to have access to
certain confidential HIV testing information.  Currently, only
prosecutors who are prosecuting cases involving disclosure of
confidential HIV information have access to the information;

(2)  Allows prosecuting attorneys or representatives of the
Department of Health and Senior Services to advise victims of sex
offenses involving sexual intercourse or deviate sexual
intercourse whether the defendant tested positive for HIV or
other specified sexually transmitted diseases;

(3)  Allows the release of HIV testing information by the
prosecuting attorney to the defense attorney in transmission of
HIV and prostitution cases as part of discovery.  It also allows
the release of this information to court personnel and jurors
hearing the case, but prohibits subsequent disclosure of the
information;

(4)  Requires individuals who are infected with HIV to notify the
health care provider if he or she is medically capable or as soon
as he or she becomes medically capable;

(5)  Makes it unlawful for a person infected with HIV to fail to
advise the department of certain information about the identity
of individuals the person has engaged in sexual intercourse or
deviate sexual intercourse with or to fail to comply with the
department's request for assistance in contacting individuals the
person has engaged in sexual intercourse or deviate sexual
intercourse with in the five years preceding the infected
individuals' knowledge of his or her HIV status;

(6)  Adds biting and other actions which cause a person's blood
or bodily fluids to come into contact with another's blood or
bodily fluids to the list of ways in which one can commit the
crime of recklessly exposing another to HIV;

(7)  Adds sharing needles with another person, biting another
person, and causing the exchange of blood or bodily fluids with
another person by an HIV-infected person who knows of his or her
HIV status to the list of evidence that a person has acted
recklessly in creating a risk of infecting another person with
HIV;

(8)  Requires the department to turn over specified records about
a defendant's HIV-infected status and test results to peace
officers, police officers, prosecuting attorneys, and the
Attorney General upon request;

(9)  Allows the court hearing a sex offense case that involves
sexual intercourse or deviate sexual intercourse to order the
offender to undergo an HIV test, pursuant to the filing of a
motion by the prosecuting attorney.  The results of the test must
be released to the victim, the prosecuting attorney, and the
defendant's attorney.  The test results and the motion to obtain
an HIV test must be sealed in the court's file;

(10)  Allows the penalty for prostitution to be enhanced to a
class B felony if the offender knew that he or she was infected
with HIV prior to performing the act of prostitution; and

(11)  Gives the court the discretion to allow the defendant
convicted of class B misdemeanor prostitution to withdraw a
guilty plea or reverse a verdict and enter a judgment of not
guilty upon the defendant's successful completion of a drug and
alcohol abuse treatment program.  Defendants convicted of a class
B felony prostitution may not withdraw their plea or have their
verdict reversed, but the judge can consider the successful
completion of a drug and alcohol treatment program in making
sentencing determinations.

HATE CRIMES

The substitute adds first and second degree arson to the crimes
included in the hate crimes statute when the structure damaged is
a place of worship.  The penalty for arson involving a place of
worship is a class A felony.  Currently, arson is a class A
felony only when it is in the first degree and a person has
suffered serious physical injury or has died as a result of the
fire or explosion.

ASSAULT CRIMES

The substitute makes a person convicted of an assault ineligible
to receive a suspended imposition or execution of sentence,
probation, or a fine in lieu of imprisonment if the assault was
on a mass transit worker or passenger while on or waiting to
board a bus or light rail system.

The substitute creates the crime of assault while on the property
of an emergency room or trauma center.  The crime is defined as
knowingly causing physical injury, causing physical injury by
means of a deadly weapon, or recklessly engaging in conduct that
creates a grave risk of serious physical injury to another person
when the act occurs in an emergency room, trauma center, or in a
vehicle that is providing service to an emergency room or trauma
center.  Assault while on the property of an emergency room or
trauma center is a class D felony.

INVASION OF PRIVACY

The substitute creates the crime of invasion of privacy in the
first degree.  This crime is committed when a person knowingly
views, photographs, or films another person, without that
person's knowledge and consent, while the person is fully or
partially nude in a place where he or she has a reasonable
expectation of privacy and when that film or photograph is
distributed or transmitted.  Invasion of privacy in the first
degree is a class C felony.  The existing crime of invasion of
privacy becomes a second degree offense.  Second degree invasion
of privacy is a class A misdemeanor.  If the defendant has been
previously convicted of invasion of privacy, it is a class C
felony.  The substitute also adds using a concealed camera or
video camera to record or photograph an individual under or
through their clothing without that person's consent to the crime
of second degree invasion of privacy.  Violation of this
provision is a class A misdemeanor.  This offense becomes a class
D felony if more than one person is photographed or recorded
during the same course of conduct.  If the defendant has been
previously convicted of invasion of privacy, it is a class C
felony.

HUMAN CLONING

The substitute prohibits knowingly cloning or attempting to clone
a human being and using public funds or public facilities to
clone or attempt to clone a human being.  It also prohibits
public employees from knowingly allowing individuals to clone or
attempt to clone a human being while using public funds or
facilities.  Violation of this section is a class B felony.

FISCAL NOTE:  Estimated Net Cost to General Revenue Fund of
$1,097,335 to Unknown in FY 2003, $503,800 to Unknown in FY 2004,
and $514,921 to Unknown in FY 2005.  Estimated Net Effect on
State School Money Fund of $0 in FY 2003, FY 2004, and FY 2005.

PROPONENTS:  Supporters of HB 1433 and HB 1430 say that the bills
would deter people from fleeing a police officer because of the
enhanced penalties.  People have been killed in high speed
vehicle chases, and fleeing police officers has become a bigger
problem.  High speed chases pose a danger to the public.
Supporters of HB 1577 and HB 1029 say that tampering with
prescription drugs can result in death or injury, and there is no
way of knowing about the tampering until it is too late.  A state
law will allow local prosecuting attorneys to address future
cases quickly.  The bill also gives the State Board of Pharmacy
the authority to immediately revoke a pharmacist's license under
certain circumstances.  Supporters of HB 1760 say that the bill
would enhance current law and would resolve some of the concerns
of retailers.  Supporters of HB 1700 say that the bill would
broaden the scope of crimes that DNA samples are taken for and
would be a good tool for law enforcement officials.

Testifying for HB 1433 and HB 1430 were Representatives Monaco
and Burton; City of Independence; Fraternal Order of Police;
Kansas City Police Department; Missouri Chiefs of Police; Kansas
City Police Officers Association; and Missouri State Troopers
Association.  Testifying for HB 1577 were Representatives
Campbell, Phillips, and Willoughby; Missouri Pharmacy
Association; Missouri State Medical Association; and State Board
of Pharmacy.  Testifying for HB 1760 were Representative Mayer;
Missouri Retailers Association; and Missouri Grocers Association.
Testifying for HB 1700 was Representative Hosmer.

OPPONENTS:  There was no opposition voiced to the committee.

Amy Woods, Legislative Analyst

Missouri House of Representatives
Last Updated October 11, 2002 at 9:01 am