HCS HB 353 -- CRIME (Lipke)

COMMITTEE OF ORIGIN:  Crime Prevention and Public Safety

This substitute changes the laws regarding crime prevention.  In
its main provisions, the substitute:

(1)  Allows law enforcement agencies to hold a suspect arrested
without a warrant for up to 32 hours before charging the person
with a crime.  Currently, suspects can be held for 24 hours when
arrested for a class A felony and 20 hours for lesser offenses;

(2)  Removes the provision allowing first-time offenders
convicted of a class C or class D nonviolent felony to petition
the court for early release after serving at least 120 days;

(3)  Expands the crimes of arson in the first and second degree
to include damage to a structure by fire or explosion, when the
fire or explosion is caused by a person committing or attempting
to commit a felony;

(4)  Allows the court to add up to one year onto a person's
probationary period when the person has violated the terms of his
or her probation;

(5)  Allows a prosecutor to file a motion seeking the revocation
of a person's probation;

(6)  Requires the court to temporarily suspend a person's
probationary period when issuing an arrest warrant for the
person.  When the arrest warrant is served, the probation period
will begin to run again;

(7)  Adds failure to register as a sex offender to the list of
violations for which the Board of Probation and Parole provides
supervision services;

(8)  Removes a provision requiring defendants to be sentenced
according to the law in place at the time of sentencing, rather
than the law as it existed at the time of the crime, whenever the
change in law reduced the penalty for the offense;

(9)  Removes a provision allowing the board to convert an
offender's consecutive prison sentences into concurrent
sentences;

(10)  Creates the crime of sexual contact with a student, a class
D felony.  The crime is committed when a teacher has sexual
contact with a student on school property;

(11)  Allows each county sheriff to maintain a web page,
available to the public, containing a list of the registered
sexual offenders in the county with each offender's name,
address, photograph, and the crimes for which the offender was
required to register;

(12)  Expands the crime of endangering the welfare of a child in
the first degree, a class C felony.  Currently, a person commits
the offense if he or she produces or sells methamphetamine in the
presence of a child under the age of 17.  The crime is expanded
to include producing, selling, or attempting to produce the drug
within the residence of the child;

(13)  Expands the crime of endangering the welfare of a child in
the second degree, a class A misdemeanor.  The offense is
committed when a person operating a motor vehicle commits
involuntary manslaughter, assault in the second degree, driving
while intoxicated, or driving with excessive blood-alcohol
content while a child under the age of 17 is in the vehicle;

(14)  Makes it a class A misdemeanor to operate a video camera
within a motion picture theater without the consent of the
theater owner.  A second or subsequent offense is a class D
felony.  The owner of the movie theater is exempt from civil
liability for detaining a person suspected of the offense, as
long as the detention is reasonable;

(15)  Changes the crime of illegal copying and distribution of
sound recordings by lowering the threshold for a felony from
1,000 illegal copies to 100 illegal copies;

(16)  Expands the crime of theft of cable television service to
include when a person knowingly attempts to tamper with any cable
television equipment which results in the disruption or
unauthorized use of a cable television system;

(17)  Makes it a class C misdemeanor to interfere with an arrest,
stop, or detention by providing a false name, address, date of
birth, or Social Security number to a law enforcement officer;

(18)  Creates the crime of failure to provide identification to a
law enforcement officer.  A person commits the crime when he or
she refuses to provide their name and address to a law
enforcement officer or provides a false name or address during a
lawful stop or detention;

(19)  Creates the Anhydrous Ammonia Additive Fund to reimburse
distributors of anhydrous ammonia for the actual cost of adding
red dye to anhydrous ammonia to prevent methamphetamine producers
from stealing it.  The provisions of this section will expire six
years from the effective date;

(20)  Adds salvia divinorum and 12 other compounds to the list of
controlled substances and clarifies which forms of anabolic
steroids are included within schedule II controlled substances;

(21)  Creates the crime of distribution of a controlled substance
within 2,000 feet of a park, a class A felony;

(22)  Creates the crimes of possessing and distributing a
prescription medication on school property without a valid
prescription.  Possession is a class C misdemeanor, and
distribution is a class B misdemeanor;

(23)  Creates the crime of distribution of a controlled substance
within 2,000 feet of a child care facility, a class A felony.  If
the person convicted is a persistent drug offender, the sentence
must be served without probation or parole;

(24)  Allows local law enforcement agencies to perform a criminal
record review of open records through the Missouri Uniform Law
Enforcement System on persons applying for city or county
employment;

(25)  Allows cities and counties to enact ordinances requiring
fingerprints of job applicants or licensees in certain
occupations for the purpose of conducting a criminal record
review;

(26)  Adds chemical urine tests to the list of tests that may be
conducted by the State Water Patrol to measure the blood-alcohol
content of a person operating a watercraft;

(27)  Increases from $200 to $500 the damage amount that requires
the filing of an accident report when there is damage to a
watercraft;

(28)  Prohibits the use of any device that, when activated,
allows a watercraft's muffler to exceed the maximum decibel
levels allowed by law;

(29)  Increases the penalty from a class C to a class B
misdemeanor for failure to yield to an emergency vehicle;

(30)  Removes financial conflict of interest restrictions on sex
offender counseling program providers when there is only one
qualified service provider within a reasonably accessible
distance from the offender;

(31)  Authorizes Missouri Capitol Police officers to investigate
and arrest a person anywhere in Cole County when there is
probable cause to believe the person committed a crime within
their jurisdiction;

(32)  Creates the Governor's Security Division within the State
Highway Patrol.  The division will provide transportation,
security, and protection for the Governor, the Governor's family,
and, at the discretion of the Superintendent of the State Highway
Patrol, other public officials;

(33)  Gives the juvenile court jurisdiction in cases involving
children under the age of 17 who violate state or municipal
ordinances prohibiting the possession or use of tobacco products;
and

(34)  Allows the Director of the Department of Public Safety to
establish a state firearms training and qualification standard
for retired law enforcement officers to comply with the federal
Law Enforcement Officers Safety Act;

The substitute also changes the laws regarding the crimes of
stealing, tampering, and receiving stolen property.  The
substitute:

(1)  Allows the court to order restitution be paid to the victim
of tampering or auto theft, including the victim's insurance
deductible payment, towing and storage fees, and any reasonable
expenses incurred by the victim in prosecuting the offense;

(2)  Prohibits the court or the Board of Probation and Parole
from releasing a person early from probation or parole if the
person has failed to pay restitution;

(3)  Makes evidence of prior acts of tampering admissible to
prove the requisite knowledge or belief in a current tampering
case;

(4)  Makes tampering in the second degree a class C felony when
the person has a prior conviction for tampering in the first or
second degree, auto theft, or receiving stolen property;

(5)  Expands the crime of stealing to include obtaining control
over property or services under circumstances that a reasonable
person would know it was stolen and clarifies that the crime
occurs when undercover police are posing as the sellers of stolen
property; and

(6)  Makes auto theft a class B felony when the person has two
prior convictions for stealing-related offenses.

FISCAL NOTE:  Estimated Effect on General Revenue Fund of a Cost
of More than $100,000 to an Income of Unknown in FY 2006, FY
2007, and FY 2008.  No impact on Other State Funds in FY 2006, FY
2007, and FY 2008.

Missouri House of Representatives
93rd General Assembly, 1st Regular Session
Last Updated August 25, 2005 at 1:18 pm