HB65 - LAW ENFORCEMENT ARREST POWERS - Kissell, Don R.
HB65 EXTENDS LENGTH OF TIME SUSPECT CAN BE HELD BY POLICE BEFORE BEING CHARGED OR RELEASED.
Sponsor: Kissell, Don R. (17) Effective Date:00/00/00
CoSponsor: LR Number:0284-01
Last Action: COMMITTEE: CRIMINAL LAW
HCS HB 65 & 132
Next Hearing:Hearing not scheduled
Calendar:Bill currently not on calendar
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Available Bill Summaries for HB65
| Committee | Introduced |


Available Bill Text for HB65
| Committee | Introduced |

Available Fiscal Notes for HB65
| House Committee Substitute | Introduced |

BILL SUMMARIES

COMMITTEE

HCS HB 65 & 132 -- HIV AND PROSTITUTION

CO-SPONSORS:   Hosmer (Kissell)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Criminal
Law by a vote of 11 to 2.

The substitute makes several changes in law enforcement
detention powers and prostitution-related crimes.

The substitute:

(1) Changes the 20-hour rule that allows law enforcement
officials to detain a suspect without a warrant before the
person is charged or released.  Under the substitute, a felony
suspect may be held 32 hours from the time of the arrest, unless
charged with a felony offense by a valid warrant.  Under current
law, a suspect of a breach of peace or other criminal offense
must be released within 20 hours from the time of the arrest.
Any violation of the suspect's rights concerning arrest and
confinement described in the substitute is a misdemeanor;

(2) Enhances the penalty for the crime of prostitution to a
class C felony, if the person convicted of prostitution knew or
should have known that he or she had tested positive for
HIV.     As part of the sentencing procedure, a judge may order
drug and alcohol abuse treatment to any person convicted of or
pleading guilty to prostitution. Upon successful completion of
the treatment by the offender, the court will withdraw the
guilty plea or reverse the verdict and enter a judgment of not
guilty.  Under current law, the act of prostitution is a class B
misdemeanor;

(3) Makes a person convicted of a prostitution-related offense
and deemed a persistent offender, as defined by the substitute,
guilty of a class D felony;

(4) Allows the court to require any person arrested for a
prostitution-related offense to undergo HIV testing as a
condition precedent for a release on bond;

(5) Requires the Department of Revenue to suspend or revoke the
driver's license for one year of any person who uses a motor
vehicle for prostitution-related offenses; and

(6) Makes it a class C felony to commit the crime of exposing
another to HIV, if recklessly done during the commission of a
prostitution-related offense.

FISCAL NOTE:  Estimated Net Cost to General Revenue Fund of
$14,932 in FY 1998, $18,463 in FY 1999, & $19,018 in FY 2000.
Estimated Net Cost to Highway Fund of Under $100,000 in FY 1998,
FY 1999, & FY 2000.

PROPONENTS:  Supporters say that the substitute gives law
enforcement another tool in detaining suspects during the
investigative process.  In addition, the substitute aids law
enforcement and judicial process in dealing with prostitution
and the spread of the HIV process by way of prostitution.

Testifying for the bill were Representatives Kissell and Rizzo;
Office of the Jackson County Prosecutor; Missouri Fraternal
Order of Police; Missouri Highway Patrol; Kansas City Police
Department; Office of the Prosecutor, St. Charles County; St.
Charles Police Department; St. Charles County Sheriff's
Department; St. Ann Police Department; Missouri Peace Officers
Association; Missouri Deputy Sheriffs Association; and Missouri
Police Chiefs Association.

OPPONENTS:  There was no opposition voiced to the committee.

Michael Warrick, Research Analyst


INTRODUCED

HB 65 -- Law Enforcement Arrest Powers

Sponsor:  Kissell

The bill changes the 20-hour rule that allows law enforcement
officials to detain a suspect without a warrant before the
person is charged or released.  Under the bill, the felony
suspect may be held 32 hours from the time of the arrest, unless
charged with a felony offense by a valid warrant.  Under current
law, a suspect of a breach of peace or other criminal offense
must be released within 20 hours from the time of the arrest.
Any violation of the suspect's rights concerning arrest and
confinement described in the bill is a misdemeanor.


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Last Updated August 11, 1997 at 4:05 pm