HCS HB 1316 -- CRIME

SPONSOR:  Lipke

COMMITTEE ACTION:  Voted "do pass" by the Committee on Crime
Prevention and Public Safety by a vote of 12 to 0.

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

(1)  Adds any moving violation, as defined by Section 302.010,
RSMo, to the list of infractions for which a court may order
payment to the county law enforcement restitution fund;

(2)  Defines "central repository" and "forensic DNA analysis" and
allows a person determined to be actually innocent of a crime to
receive $50 for each day of post-conviction incarceration and an
automatic expungement of any records concerning the crime for
which the person was innocent;

(3)  Changes the expiration date on criminal court surcharges
from August 28, 2006, to August 28, 2013;

(4)  Increases the penalty for the crimes of enticement of a
child and attempt to commit enticement of a child to a term of
imprisonment of no less than five years and no more than 30
years.  Any person convicted of these crimes will not be eligible
for parole, probation, conditional release, or suspended
imposition of sentence for five years.  Currently, enticement of
a child is a class C felony, and attempt to commit enticement of
a child is a class D felony;

(5)  Establishes procedures for search warrants where
notification of the existence of the search warrant causes an
adverse result including danger to the life or physical safety of
an individual, flight from prosecution, the destruction or
tampering with evidence, the intimidation of witnesses, or
serious jeopardy to an investigation;

(6)  Specifies that records sought under the search warrant be
produced within five business days of receipt;

(7)  Requires a showing of good cause by a foreign corporation
that an extension of time will not cause an adverse result;

(8)  Specifies that any attempt made to quash the warrant must be
made in the court that issues the warrant within the time
required for production of records;

(9)  Requires Missouri corporations providing electronic
communication services, when served with a warrant from another
state, to produce records pertaining to customer identification,
data stored by or on behalf of the customer, the customer's usage
of those services, or the destination or content of the
communications as if the warrant had been issued by a Missouri
court;

(10)  Gives immunity to Missouri corporations providing records
sought under a search warrant as specified in the substitute;

(11)  Creates the crime of disarming a peace or correctional
officer if a person intentionally removes from the peace or
correctional officer or deprives the peace or correctional
officer the use of his or her firearm or other deadly weapon
while the officer is acting within the scope of his or her
official duties.  The crime, a class C felony, does not include
situations in which the person does not know or could not
reasonably have known that the person was a peace or correctional
officer or if the officer was engaged in felonious conduct at the
time of the disarmament;

(12)  Requires a photograph to be taken of an incarcerated
individual upon release and made available to the victim at the
victim's request.  The substitute also allows victims to be
represented by an appointed person instead of a personal
appearance during parole and probation revocation hearings for
the defendant.  The victim's appointee who honors any subpoena to
testify in or attend a criminal proceeding is protected from
discharge by any employer or from using vacation, personal, or
sick leave to attend any criminal proceeding.

(13)  Authorizes access to official court records to victims of
offenses against the family found in Chapters 566 and 568 to use
in his or her own judicial proceedings.  Currently, access to
official court records for persons arrested and charged but the
case is subsequently nolle prossed, dismissed, or the accused is
found not guilty or imposition of sentence is suspended is
limited to law enforcement agencies, child care agencies,
residential care facilities, and skilled nursing facilities;

(14)  Revises the definition of "intoxication-related traffic
offense" to include any offense committed in another state or any
federal or military offense which, if committed in Missouri,
would be considered an intoxication-related traffic offense.  The
substitute also specifies that a person may be considered an
aggravated or chronic offender if he or she has committed any
offense in another state or any federal or military offense
which, if committed in Missouri, would be considered an
intoxication-related traffic offense;

(15)  Authorizes the State Highway Patrol to conduct background
checks on gubernatorial appointees who are subject to Senate
confirmation.  Information received by the patrol must be kept
confidential and cannot be disclosed to anyone except the
Governor or members of the Governor's staff as necessary to
determine the appointee's qualifications;

(16)  Authorizes state agencies to conduct criminal background
checks on certain applicants and employees.  The applicant or
employee must submit a set of fingerprints to the patrol for
investigation purposes.  All records related to the criminal
history of the applicant or employee will be made available to
the requesting state agency;

(17)  Specifies that a prosecution is commenced for a misdemeanor
or infraction when the information is filed.  A prosecution for a
felony is commenced when the complaint is filed;

(18)  Authorizes the prosecuting or circuit attorney to dismiss a
complaint, information, or indictment without the consent of the
court;

(19)  Increases the penalty for the crime of making a false
report from a class B misdemeanor to a class A misdemeanor;

(20)  Expands the crime of assault of a law enforcement officer,
emergency personnel, or probation and parole officer in the
first, second, or third degree to include corrections officers;

(21)  Allows a party to file a written motion for
disqualification of a judge within 10 days after discovering the
ground for disqualification;

(22)  Prohibits the use or possession of an alcohol beverage
vaporizer.  Any substance that has been approved by the federal
Food and Drug Administration as an over-the-counter or
therapeutic drug product administered by an authorized medical
practitioner is exempt;

(23)  Creates the crime of distribution of a controlled substance
near a park when a person unlawfully distributes or delivers a
controlled substance to another individual within 1,000 feet of a
public, private, state, county, or municipal park, a class A
felony;

(24)  Allows any sheriff or jailer to refuse to accept or
incarcerate any prisoner from other officers or constables if
they deem the prisoner to be medically unfit for confinement;

(25)  Allows any offender to refuse parole that is conditioned on
the performance of free work.  Any county, city, person,
organization, agency, or its employee who is charged with the
supervision of free work or who benefits from its performance
will be immune from any cause of action arising from his or her
supervision of performance, except for an intentional tort or
gross negligence;

(26)  Eliminates the provision of law which permits a judgment to
be entered against the prosecutor for the trial costs if the
defendant is acquitted of the prosecution;

(27)  Allows a judge to order, as a condition of probation, the
probationer to be vaccinated for Hepatitis A and B at his or her
local health department with the costs to be paid by the
probationer;

(28)  Requires crime victims to be paid up to $250 from the Crime
Victims' Compensation Fund to replace clothing, bedding, or other
personal items seized by law enforcement as evidence of a crime;

(29)  Increases the penalties for the various classifications of
identity theft crimes if the person has previously pled guilty to
or been found guilty of an identity theft crime;

(30)  Expands protection for the elderly against financial
exploitation; and

(31)  Allows a judge to order the defendant in a municipal or
circuit criminal case to pay costs as determined in Section
488.012.

FISCAL NOTE:  Estimated Effect on General Revenue Fund of a cost
of More than $237,554 in FY 2007, a cost of More than $238,749 to
an income of Unknown in FY 2008, and a cost of More than $239,619
to an income of Unknown in FY 2009.  Estimated Income on Other
State Funds of $2,879,166 in FY 2007, $4,058,001 in FY 2008, and
$4,758,001 in FY 2009.

PROPONENTS:  Supporters say that police officers have no course
of action against a person for struggling with the officer in an
attempt to take the officer's weapon.  The bill will make it a
class C felony, unless the person didn't know the person was an
officer or there was felonious conduct on the part of the
officer.

Testifying for the bill were Representative Lipke; and Missouri
Sheriffs' Association.

OPPONENTS:  There was no opposition voiced to the committee.

Kristina Jenkins, Legislative Analyst

Missouri House of Representatives
93rd General Assembly, 2nd Regular Session
Last Updated November 29, 2006 at 9:42 am