COMMITTEE
HCS HB 1067, 1254, 1358, 1359, 1370 & 1575 -- CRIMINAL PROCEDURES
SPONSOR: Hosmer (Parker)
COMMITTEE ACTION: Voted "do pass" by the Committee on Criminal
Law by a vote of 13 to 0.
This substitute makes various changes to the law regarding
domestic violence reporting, registration of certain sexual
offenders, the death penalty, and criminal proceedings involving
mental illness and competency.
HOMICIDE REPORTS OF DOMESTIC VIOLENCE
The substitute requires local law enforcement, on forms
developed and distributed by the Department of Public Safety, to
make a determination and collect data on the number of homicides
involving adult victims related to domestic violence. The data
will be forwarded to the Highway Patrol to be compiled in an
annual report presented February 1st of the subsequent year to
the Governor, Speaker of the House, and President Pro Tempore of
the Senate.
REGISTRATION OF CERTAIN OFFENDERS
This substitute makes several changes to the registration
requirements of certain offenders. The substitute:
(1) Clarifies that any person who received a suspended
imposition of sentence for committing or attempting to commit a
sexual offense, or other crimes involving prostitution, or the
use or capture of a child must register with the chief law
officer of the county in which the person resides;
(2) Establishes that any person found not guilty because of
mental disease or defect for committing or attempting to commit
a sexual offense, or other crimes involving prostitution, or the
use or capture of a child must register with the chief law
officer of the county in which the person resides;
(3) Requires a registrant to indicate on the offender
registration form whether the person is a persistent or
predatory offender and provide a brief description of the crime;
(4) Requires the registrant to notify in writing the chief law
officer of any change of address, telephone, or name change
within 14 days, if the registrant has made changes within the
same county or has moved to a different county;
(5) Requires certain registrants to contact the chief law
enforcement agency every 90 days to verify current registration
information;
(6) Serves as cleanup legislation to bills (HB 883 and SB 56)
passed during the 1997 regular session. The substitute repeals
Chapter 566.617 RSMo. and moves this provision making the name,
address, and offense of any registered sex offender a public
record to Chapter 589.417, RSMo.; and
(7) Makes providing false information in the registration
statement or failure to timely verify registration information a
class A misdemeanor. Any subsequent violation is a class D
felony.
DEATH PENALTY PROVISION
The substitute adds murder of a child 13 years of age or less to
the list of aggravating circumstances for a first degree murder
offense that is punishable by the death penalty.
CRIMINAL PROCEEDINGS INVOLVING MENTAL ILLNESS
This substitute revises the law related to criminal proceedings
involving offenders with mental illnesses. The substitute:
(1) Mandates that private psychiatrists or psychologists
perform the examinations to decide the fitness of an offender to
stand trial. Under current law, the exam may be performed by a
physician with at least one year of training or experience in
treating the mentally ill;
(2) Authorizes the director of the Department of Mental Health
to interview family members, associates of the accused, as well
as victims and witnesses of the accused's offense for use in
evaluations to determine the accused's mental capacity;
(3) Requires the court to consider a pretrial examination of
the accused, performed by a psychiatrist or psychologist
designated by the Department of Mental Health, prior to
accepting a plea of not guilty by reason of insanity;
(4) Clarifies that pending a determination of the accused's
mental fitness to proceed, the Department of Health will decide
the suitable hospital or facility pending commitment or
detention;
(5) Requires a court order before the release of any written
reports or examinations of the accused. These reports are not
considered part of the medical records of the accused;
(6) Revises the escape from commitment statute and clarifies
that charges for escape from confinement may be had against a
committed person who fails to return to a community placement;
(7) Adds victims of sexual assaults as persons with rights to
obtain information and be present at the trial of an accused who
suffers from a mental disease or defect; and
(8) Requires that a committed person whose application for
unconditional release is denied may not reapply for one year.
CRIMINAL COMPETENCY
The substitute changes record requirements regarding criminal
competency offenders, and amends the standard for determining
mental capacity to stand trial. The substitute:
(1) Requires clerks of reporting criminal courts to furnish
final dispositions to the central repository, including all
releases and acquittals on the ground of mental disease or
defect excluding responsibility. The clerks will also provide
documents to the Department of Corrections or Department of
Mental Health indicating court judgment, sentence, offense cycle
number, and criminal offense at the time of commitment or
assignment or for subsequent convictions;
(2) Requires the Department of Mental Health to furnish the
central repository with fingerprints and commitment records
relating to sentencing, releases, pardons, paroles, or escapes
of persons committed after acquittals on the ground of mental
disease or defect excluding responsibility;
(3) Changes the standard for determining whether the accused
lacks the mental capacity to stand trial or conviction for a
crime. The standard is that no person will stand trial who (a)
as a result of mental disease or defect lacks capacity to
understand the proceedings against him or her; and (b) due to
the inability to understand the proceedings is unable to assist
in his or her own defense. Under current law, either standard
is sufficient for a finding of lack of capacity;
(4) Limits the application for a conditional release of a
person, acquitted on the basis of a mental disease or defect to
the expiration of one year from the denial of the conditional
release; and
(5) Allows access to certain closed records of a person found
not guilty due to mental disease or defect, by law enforcement
agencies, child care agencies, and in-home service providers.
FISCAL NOTE: Estimated Net Cost to Criminal Records System Fund
of $48,384 in FY 1999, and $0 in FY 2000 and FY 2001.
PROPONENTS: Supporters say that the substitute allows the
compilation of data relating to homicides as a result of
domestic violence. Murders stemming from domestic violence make
up a large portion of the homicides committed in this state.
Yet, murder by domestic violence is not a category listed in
the annual crime summary.
The substitute adds additional safeguards to the registration of
sexual offenders. The substitute also cleans up legislation
passed during the 1997 regular session.
The substitute adds an additional aggravating circumstance as a
factor for the death penalty. The offender who murders a child
less than 13 years of age becomes eligible to receive a sentence
of death.
The substitute makes needed changes to the evaluations of
offenders suffering from mental diseases or defects.
Testifying for the substitute were Representatives Hosmer,
Backer, Clayton, May (108), Luetkenhaus, Smith, Parker, and
Kissell; Office of the Attorney General; Missouri Coalition
Against Domestic Violence; Missouri Sheriffs Association;
Department of Mental Health, Division of Forensic Services; and
Al Smith, father of victim.
OPPONENTS: There was no opposition voiced to the committee.
Michael Warrick, Legislative Analyst
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