HS HCS HB 1577, 1760, 1433, 1430, 1029 & 1700 -- CRIMES AND
PUNISHMENT (Britt)

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;

(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;

(7)  Determines the value of stolen property if the victim is a
merchant and the stolen property would have been sold in the
ordinary course of the merchant's business.  The value of the
property is the price at which the merchant would normally sell
the item;

(8)  Clarifies the crime of passing a bad check by providing that
a person does not commit the crime of passing a bad check if he
or she issues a check to another person and that person accepts
the check knowing that there are insufficient funds in the
account and with the understanding that the check will not be
presented for payment until a later date; and

(9)  Prohibits the use of a credit card to pay property taxes
when the charges or payment are subsequently canceled without
just cause.

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.

HATE CRIMES

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.  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 B
felony, unless a person has suffered serious physical injury or
has died as a result of arson involving a place of worship, in
which case it is a class A felony.

ASSAULT CRIMES

The substitute makes several changes in the laws relating to
assault crimes.  In its major provisions, the substitute:

(1)  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;

(2)  Creates the crime of assault while on the property of an
emergency room or trauma center, which is a class D felony;

(3)  Changes the existing crime of assault of a law enforcement
officer to assault of a law enforcement officer or firefighter.
The substitute also adds certain acts to the crime of second
degree assault of a law enforcement officer or firefighter.  The
penalty for second degree assault of a law enforcement officer or
firefighter is changed from a class B felony to a class C felony.
If the offense is knowingly causing or attempting to cause
physical injury to a law enforcement officer or firefighter by
means of a deadly weapon or dangerous instrument, knowingly
causing or attempting to cause physical injury to a law
enforcement officer or firefighter while brandishing a deadly
weapon or dangerous instrument, or recklessly causing serious
physical injury to a law enforcement officer or firefighter, the
penalty is a class B felony; and

(4)  Creates the class D felony of intimidation of an athletic
coach, manager, or sports official.  A person is guilty of the
crime if he or she commits assault in the third degree, which
would otherwise be a class A misdemeanor as set out in Section
565.070, or harassment by communicating in writing or by
telephone a threat to commit a felony as set out in Section
565.090 against a coach, manager, or sports official and the
assault is motivated by the victim's status as a coach, manager,
or sports official.

INVASION OF PRIVACY

The substitute creates the crime of invasion of privacy in the
first degree, which 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.

CRIMINAL PROCEDURE AND PENALTIES

The substitute adds the crimes of attempting first degree arson,
first degree assault, forcible rape, forcible sodomy, kidnaping,
second degree murder, or first degree robbery to the definition
of a dangerous felony.  It also raises the minimum sentence for
forcible rape, attempted forcible rape, forcible sodomy, and
attempted forcible sodomy from five to 10 years and from 10 to 15
years when a deadly weapon is used or serious physical injury is
inflicted.

The substitute permits law enforcement officials to detain a
person for 32 hours without charging a crime if the person has
been arrested for any felony offense.  Currently, a person who is
arrested for first degree assault or robbery, first or second
degree murder, forcible rape or sodomy, or distribution of drugs
must be released within 24 hours unless charged with a crime.
All other felony offenders must be released within 20 hours
unless charged with a crime.

The substitute prohibits individuals convicted of felonies that
relate to the performance of contracts from contracting with the
state or a government entity for three years after their release.

TERRORISM

The substitute:

(1)  Makes it unlawful to use unfair leverage in the sale of
essential consumer merchandise during an emergency.  Persons who
exercise unfair leverage are liable for restitution to consumers
and a civil penalty to the State of Missouri and may be subject
to civil action commenced by the Attorney General.  The
substitute also authorizes the Governor to declare a consumer
emergency by executive order if a consumer market disruption
exists and specifies what the order must include;

(2)  Prohibits the transport of hazardous materials through
highway tunnels and includes penalties for violations;

(3)  Allows the State Water Patrol to close any waters in the
state to navigation or use in the event of a disaster;

(4)  Makes water contamination a class B felony;

(5)  Allows the Attorney General to investigate the unlawful use
of funds by charitable organizations;

(6)  Revises the current crime of making a terrorist threat by
removing existing language that defines making a terrorist threat
as threatening to commit a felony or making a false report about
the commission of a felony and replacing it with threatening to
commit or making a false report about an incident or condition
involving danger to life;

(7)  Prohibits any person from photographing, videotaping, or
otherwise obtaining images from within an animal facility without
the written consent of the facility.  A person violating this
provision of the substitute is guilty of a class D felony;

(8)  Prohibits any person from intentionally or knowingly
releasing in or introducing near an animal facility any pathogen
or disease that has the potential to cause disease in any animal
at the facility or which threatens human health or biosecurity at
the facility.  The substitute specifies a range of penalties for
violations of this section, and it also allows the Director of
the Department of Agriculture to initiate a civil action in the
county in which the violation occurred; and

(9)  Exempts from the open meetings law any discussions relating
to government response plans for possible terrorist attacks on
water supplies and sewers.

CRIMES INVOLVING CHILDREN

The substitute makes several changes to laws dealing with crimes
involving children.  In its major provisions, the substitute:

(1)  Requires the defendant being prosecuted under certain
sections to be physically excluded from a room where discovery or
depositions are conducted when a child victim will testify;

(2)  Allows enhanced penalties for first degree child molestation
when the offender has previously pled guilty to a sex offense in
another state.  Currently, enhanced penalties are only available
when the offender has been found guilty in Missouri;

(3)  Increases the penalty for second degree sexual molestation
from a class A misdemeanor to a class C felony.  It allows
enhanced penalties for second degree sexual molestation when the
offender has previously pled guilty to a sex offense in Missouri
or when the offender has pled guilty or been found guilty of a
sex offense in another state.  The enhanced penalty for second
degree child molestation is increased from a class D felony to a
class B felony;

(4)  Creates the crimes of third and fourth degree child
molestation.  Third degree child molestation is subjecting a
child less than 14 years of age to conduct that would be sexual
contact except that touching occurs through clothing; it is a
class D felony.  The penalty becomes a class C felony if the
offender has previously pled guilty or been found guilty of a sex
offense in Missouri or another state, or if other specified
circumstances exist.  Fourth degree child molestation is
subjecting a child less than 17 years of age to conduct that
would be sexual contact except that touching occurs through
clothing; it is a class A misdemeanor.  The penalty becomes a
class D felony if the offender has previously pled guilty or been
found guilty of a sex offense in Missouri or another state, or if
other specified circumstances exist;

(5)  Allows enhanced penalties for sexual misconduct involving a
child when the offender has previously pled guilty or been
convicted of a sex offense in Missouri or another state.
Currently, the enhanced penalty is only available for second or
subsequent sexual misconduct involving child offenses;

(6)  Enhances the penalties for cooking methamphetamine in the
presence of a child to a class A felony with no probation or
parole;

(7)  Creates the crime of enticement of a child.  Enticement of a
child is defined as persuading or attempting to persuade a child
under the age of 17 to leave home or school or to enter a
vehicle, building, structure, alley, or place where the child is
concealed from public view for the purpose of engaging in lewd,
illicit, or criminal conduct with the child.  Enticing a child is
a class A misdemeanor, unless the person has previously pled or
been found guilty of enticement of a child, first or second
degree endangering the welfare of a child, abuse of a child, or a
sexual offense, in which case it is a class D felony;

(8)  Prohibits persons convicted of first or second degree
robbery or stealing, when the property taken was a vehicle with a
child in it, from being eligible for a suspended execution of
sentence, probation, parole, or conditional release until they
have served five years of their sentence;

(9)  Sets forth mitigating circumstances which may be considered
in prosecuting the crime of illegal transfer or surrender of
custody of a minor who is under the jurisdiction of the Division
of Family Services:  (a)  the child was not physically harmed;
(b)  the person surrendering the child consents; (c)  the
surrender did not involve fraud, duress, or undue influence; and
(d) the person surrenders the child to a person they resided with
at the time of the surrender; and

(10)  Creates the crime of selling a person under the age of 18,
which is a class B felony.

SUSPENSION, EXPULSION, AND READMISSION OF STUDENTS

Current law permits a school board to suspend a pupil after
notice and a hearing when the pupil has been charged with,
convicted of, or pled guilty to a felony criminal violation.  The
substitute clarifies that the pupil must have been convicted of a
state or federal felony criminal violation; that an indictment
has been filed alleging the pupil has committed such a violation
for which there has been no final judgment; or a petition has
been filed that the pupil committed an act or the pupil has been
adjudicated to have committed an act which, if committed by an
adult, would be a felony criminal violation.

Current law requires that a pupil who has been convicted of, or
who is alleged under specified circumstances to have committed,
certain acts must not be readmitted to school.  The substitute
replaces forcible rape and forcible sodomy in the list of acts
which preclude readmission with a reference to any felony offense
established under the statute chapters relating to sexual
offenses or prostitution.

CRIME VICTIM COMPENSATION

The substitute makes several changes to the law governing the
Crime Victims' Compensation Fund.  The substitute:

(1)  Clarifies that a claimant need not have lived with the crime
victim in order to be eligible;

(2)  Removes the provision that requires the claimant to have
lost at least two continuous weeks of earnings to be eligible;

(3)  Increases the maximum award for funeral expenses from $5,000
to $7,500; and

(4)  Increases the maximum loss of earnings reimbursement amount
from $200 per week to $400 per week.

TRAFFIC OFFENSES

The substitute makes several changes to the laws relating to
traffic offenses and intoxication-related traffic offenses.  In
its major provisions, the substitute:

(1)  Requires the Department of Revenue to expunge all official
records related to suspensions, revocations, and other
administrative disciplinary actions taken by the department as a
part of any intoxication-related traffic offense when a court has
ordered the expungement of the court's file relating to the same
offense;

(2)  Allows the court the discretion to order the installation of
the ignition interlock device for second or subsequent offenses.
The substitute also prohibits the department from suspending or
revoking the driver's license of a person who pleads guilty or
who is found guilty of a first or second intoxication-related
traffic offense and who is required to use an ignition interlock
device.  Current law requires individuals who plead or are found
guilty of a second or subsequent intoxication-related traffic
offense to have an ignition interlock device installed in their
vehicle;

(3)  Reduces from 45% to 35% the amount of fines and court costs
from traffic violations on state highways that a city or village
must send to the department.  If the fines and court costs are
not submitted to the department in a timely fashion, the city or
village must submit to an annual audit by the State Auditor;

(4)  Requires police reports for certain alcohol-related traffic
offenses to be certified.  The reports must be certified subject
to the penalties of perjury or for making a false statement to a
public official.  The substitute also allows certified reports to
be admissible as evidence of the facts stated in the report;

(5)  Requires additional fines and driver's license suspensions
to be imposed on any person failing to yield the right-of-way
when the violation results in physical injury, serious physical
injury, or death to a person.

MISCELLANEOUS PROVISIONS

The substitute makes it a class C felony to knowingly
misappropriate a dog, law enforcement animal, or rescue animal
with intent to sell it; knowingly purchase a stolen dog; or
knowingly remove an identification marker or tag from a dog
without permission.  The substitute also requires the Department
of Public Safety to create an Internet registry where owners may
list their missing or stolen dogs.  Anyone purchasing dogs for
research purposes is required to examine them for identification
marks and search the registry.  If a match is found, the
purchaser must contact the owner for verification and report
suspected stolen dogs to a local law enforcement agency.  Dogs
sold to licensed dealers for research purposes must be
accompanied by a veterinarian's health certificate.

The substitute changes the existing crime of unlawful possession
of a concealable firearm to unlawful possession of a firearm.

The substitute prohibits the possession of a firearm for
specified individuals who have an order of protection against
them and individuals convicted of domestic assault.  Violation of
this section is a class A misdemeanor.

The substitute expands the list of individuals who are
disqualified from employment with the Department of Mental Health
and specifies requirements for background checks of applicants
for positions with the department.

The substitute also prohibits anyone under the age of 21 from
dancing in an adult cabaret.  Violation of this section is a
class A misdemeanor.

FISCAL NOTE:  Estimated Net Cost to General Revenue Fund of
$1,107,629 to Unknown in FY 2003, $459,664 to Unknown in FY 2004,
and $469,556 to Unknown in FY 2005.  Estimated Net Effect on
State School Money Fund of $0 in FY 2003, FY 2004, and FY 2005.
Estimated Net Cost to Crime Victims' Compensation Fund of $0 to
$388,222 in FY 2003, $0 to $465,867 in FY 2004, and $0 to
$465,867 in FY 2005.  Estimated Net Cost to Highway Funds of
$977,876 in FY 2003, $1,055,749 in FY 2004, and $1,056,408 in FY
2005.  Estimated Net Cost to Federal Alcohol Program Grant of
$933,000 in FY 2003, FY 2004, and FY 2005.  Estimated Net Cost to
Road Fund of $30,320,500 in FY 2003, $60,892,000 in FY 2004, and
$62,725,000 in FY 2005.

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