SB5 - Makes numerous changes to sentencing laws
SB 0005 Makes numerous changes to sentencing laws
LR Number:0356L.11T Fiscal Note:0356-11
Committee:Judiciary and Civil & Criminal Jurisprudence
Last Action:06/27/03 - Signed by Governor (w/EC) Journal page:
Effective Date:Emergency Clause
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Current Bill Summary

HS/HCS/SS/SCS/SB 5 - This act makes numerous changes to sentencing provisions.

PROSECUTING ATTORNEYS AND CIRCUIT ATTORNEYS RETIREMENT FUND Adds a $4 surcharge to all criminal cases filed, including any county ordinance violation or traffic violation to be payable to the prosecuting attorneys and circuit attorneys' retirement fund. The amount of the county contribution to the retirement fund was restructured (Section 488.026 and 56.807).

RESIDENCY REQUIREMENTS FOR KANSAS CITY POLICE OFFICERS This act removes the one year residency requirement for Kansas City police officers. The Board of Police Commissioners has the sole authority to determine conditions of employment for police officers (Section 84.570).

PROGRAM FOR OFFENDERS WITH SUBSTANCE ABUSE ACTION - This act adds alcohol treatment to substance abuse programs for offenders. The treatment must be at least 12 months and no more than 24 months. The Department of Corrections has the ability to determine the nature, intensity, duration and completion criteria of the programs provided. Thirty days prior to the successful completion of the program, the Board of Probation and Parole shall advise the sentencing court of an offender's probationary release. An offender's participation in this program shall not be counted as a previous prison commitment (Section 217.362).

PROBATION SERVICES - This act eliminates mandatory probation services for misdemeanor Chapter 570, RSMo, offenses (Section 217.750).

PROBATION AND PAROLE - The act requires all felony cases where the recommended sentence established by the sentencing advisory commission includes probation but the prosecuting attorney does not include probation, the Board of Probation and Parole shall provide the judge with a report on available alternatives to incarceration prior to sentencing.

The act adds to the list of requirements for the presentence or preparole report three additional requirements: (1) Information concerning the impact of the crime on the victim; (2) Recommended sentence established by the Sentencing Advisory Commission; and (3) Available alternatives to incarceration including opportunities for restorative justice (Section 217.760).

CIRCUIT NO. 13 - This act provides that beginning on January 1, 2007, the number of circuit judges in the 13th judicial circuit shall increase from three to four. The fourth circuit judge shall be elected in 2006 for a two-year term and thereafter in 2008 for a full four-year term (Section 478.610).

INMATE SECURITY FUND Upon approval from a governing body of a city or county, a surcharge of $2 is assessed as costs in all criminal cases including municipal ordinance violations and juvenile cases. The surcharge is deposited in the "Inmate Security Fund". The fund is used to develop biometric identification systems to insure inmates can properly be identified and tracked within the local jail system (Section 488.5026).

FEDERAL FORFEITURE SYSTEM - The independent audit required of law enforcement agencies involved in federal forfeitures shall be provided to the Department of Public Safety, as well as to the governing body of the agency. The Department shall not issue funds to any law enforcement agency that fails to comply (Section 513.653).

DANGEROUS FELONIES - Adds to the list of dangerous felonies the following: (1) First degree assault of a law enforcement officer; (2) First degree domestic assault; (3) First degree elder abuse; (4) First degree statutory rape if victim is less than 12 years old; (5) First degree statutory sodomy if the victim is less than 12 years old; and (6) Abuse of a child pursuant to subdivision (2) of subsection 3 of section 568.060, RSMo (Section 556.061).

ROLE OF THE COURT AND JURY IN SENTENCING - Creates a bifurcated trial if the jury reaches a guilty verdict. A second hearing shall be conducted for the jury to determine the extent or duration of sentence or other disposition based on the nature and circumstances of the offense and the history of the defendant (Section 557.036).

SENTENCES OF IMPRISONMENT - This act changes the maximum punishment for a Class D felony from 5 years to 4 years (Section 558.011).

PRIOR/PERSISTENT OFFENDERS - Changes authorized maximum terms for persistent and dangerous offenders:

Class A felony any sentence authorized by a Class A felony;

Class B felony any sentence authorized by a Class A felony;

Class C felony any sentence authorized by a Class B felony;

Class D felony any sentence authorized by a Class C felony. (Section 558.016)

PRIOR CONVICTIONS, MINIMUM PRISON TERMS - The act allows a previous offender to be released if he or she serves 30% of the sentence or obtains age 70, whichever occurs first.

If there is a Suspended Imposition of Sentence or a Suspended Execution of Sentence, the court may consider several restorative justice methods (Section 558.019).

This act requires the sentencing commission to study alternative sentences and report the recommendations to the General Assembly by July 1, 2005. The recommendations shall be revised every two years (Section 558.019).

DETENTION CONDITION OF PROBATION - Detention up to 48 hours shall be a condition of probation after the determination by a probation or parole officer that the offender violated a condition of continued probation or parole (Section 559.026).

PROBATION - A circuit court has the power to grant probation to an offender anytime up to 120 days after he or she has been delivered to the Department of Corrections.

When the court places an offender in a 120 day program, the offender shall be released on probation upon the successful completion of the program. If it is not recommended the offender be released, a hearing by the circuit court will be conducted to determine if the offender shall be released or if the sentence shall be executed.

A circuit court shall have the power to grant probation up to 120 days after such offender has been delivered to the Department of Corrections, but not after.

The act adds an exception to the reporting rule if the person is being granted probation pursuant to successful completion of a 120-day program. An offender's incarceration in a 120-day program prior to the release on probation shall not be considered a previous prison commitment for determining a minimum prison term (Section 559.115).

ASSAULT OF LAW ENFORCEMENT OFFICER OR EMERGENCY PERSONNEL Adds emergency personnel to the crimes of first, second and third degree assault of a law enforcement officer (Sections 565.081, 565.082, 565.083).

TAMPERING WITH PRESCRIPTION DRUGS A person commits the crime of tampering with a prescription drug if: (1) Casus the intentional adulteration of the concentration or chemical structure of a drug without the consent of the prescribing practitioner; (2) Misrepresents a misbranded, altered or diluted prescription drug or drug therapy; or (3) Sells a misbranded, altered or diluted drug with the intent to mislead a purchaser. Tampering with a prescription drug is a Class A felony (Section 565.350).

FIRST DEGREE ENDANGERMENT OF A CHILD - The penalty for first degree endangering the welfare of a child is increased from a Class D felony to a Class C felony. Subsequent offenses are a Class B felony (Section 568.045).

STEALING - This act increases the stealing penalties for theft of any material used to manufacture methamphetamine to a Class C felony. Any theft of anhydrous ammonia or liquid nitrogen is increased from a Class C felony to a Class B felony (Section 570.030).

STEALING, THIRD OFFENSE - This act changes the crime from a Class C felony to a Class D felony (Section 570.040).

UNLAWFUL USE OF WEAPONS The act allows peace officers completing POST training to carry a concealed weapon whether on or off duty, and whether inside or outside of his or her jurisdiction (Section 571.030).

SEXUAL OFFENDER REGISTRY This act allows campus law enforcement agencies to be notified by the sheriff regarding persons who register under the Sexual Offender Registry. Requires an individual on the list to inform the sheriff about enrollment into any institution of higher education or if the person ceases to be enrolled or employed by an institution of higher education (Sections 589.400, 589.407, and 589.414).

VICTIMS RIGHTS This act grants victims the right to be present at all criminal trials, even if he or she is only a witness (Section 595.209)

This act is similar to SB 245 (2001); SB 662 (2003); SB 345 (2003); SB 321 (2003); SB 184 (2003); HB 697 (2003).

This act contains an emergency clause.