SECTIONS 43.500, 43.503, & 43.506

This act requires local law enforcement agencies to provide the Highway Patrol central repository with photographs and other unique biometric identification collected of persons arrested, in addition to fingerprints as is currently required.

Under this act, law enforcement agencies are prohibited from fingerprinting a juvenile older than 15 years and six months of age who is alleged to have violated a municipal traffic ordinance, which does not constitute a felony, unless he or she is certified as an adult. Law enforcement agencies are required to forward a photo and certification papers to the central repository in cases where the juvenile has been certified as an adult.

Municipal prosecuting attorneys are required to notify the central repository of his or her decision not to file criminal charges on a charged referred to him or her. Court clerks, including municipal court clerks, shall furnish the central repository with a record of all charges filed, including those added subsequent to the filing of a criminal court case and amended charges. Currently, court clerks must provide final dispositions of cases for which the repository has a record of arrest or fingerprints.

This act modifies the time when a court shall order law enforcement or the court marshal to fingerprint and photograph a defendant if it was not done at the time of arrest. The court order shall contain the offense, charge code, date of the offense, and other information needed to complete the fingerprint card.

This act adds offenses that can be enhanced to a class A misdemeanor or higher for subsequent violations, municipal ordinances that have the same elements as a statutory felony or class A misdemeanor, and all sexual offenses under Chapter 566, RSMo, to the list of offenses that are reportable to the central repository. It also specifies that only class A misdemeanor, rather than all misdemeanors are reportable, unless otherwise specified.

These provisions are similar to HB 167 (2009).

SECTION 173.754

This act prohibits a person from using or attempting to use a false or misleading diploma in connection with admission to an institution of higher education, or in connection with any business, employment, occupation, profession, trade, or public office. A violation of this section is a Class C misdemeanor.

This provision is identical to SB 182 (2009).

Section 174.00

This act allows university police officers to respond to emergencies or natural disasters outside of the boundaries of the university property and provide services if requested by the law enforcement agency with jurisdiction.

SECTION 192.925

This act requires the Department of Health and Senior Services to implement an education and awareness program regarding the financial exploitation of the elderly.

This provision is similar to HB 926 (2009) and a provision of HCS/HB 384 (2009).

SECTION 217.439

Upon the victim's request, a photograph shall be taken of an incarcerated individual prior to his or her release. A copy of the photo shall be provided to the victim.

This provision is similar to a provision of HCS/SCS/SB 338 (2009).

SECTIONS 217.450 & 217.460

This act specifies that a detainer shall not be lodged against a person confined in a correctional facility until the director of the department of corrections receives a certified copy of a warrant and a written request by the issuing agency to place the detainer. Failure of the director to comply shall not be the basis for dismissing an indictment, information or complaint unless the court also finds the offender has been denied the constitutional right to a speedy trial.

These provisions are similar to certain provisions of SS/HCS/HB 481 (2009).

SECTION 217.665

Under this act, the governor must designate one member of the Board of Probation and Parole as the vice-chairman. The vice-chair shall act as chairman upon written order of the governor or chairman.

This provision is similar to HB 1071 (2009).

SECTION 229.110

This act removes the provision requiring prosecutors to prosecute individuals who fail to trim their hedge fences.

This provision is similar to a provision of HCS/HB 384 (2009) and SS/HCS/HB 481 (2009).

SECTIONS 273.033, 273.036, 578.022, & 578.024

Under this act, a person has an absolute defense against civil liability or criminal prosecution for killing or injuring a dog, if such person's actions were based on the reasonable belief that he or she, or another person, was in imminent danger of being harmed by the dog. It is prima facie evidence that a person considered himself to be in "imminent danger" from a dog if the person had complained at least twice to the county sheriff or animal control authority that the dog had trespassed on his property, and on at least one of those occasions the person was in reasonable apprehension for his own safety, the safety of another person, or feared damage to livestock or property. County sheriffs and animal control authorities shall notify any dog owner about a trespassing complaint made against his or her dog. A court shall award all reasonable costs to the defendant in any such suit if evidence shows the defendant is entitled to the absolute defense as described. A person engaging in criminal activity at the time of an imminent danger dog threat shall not be entitled to the absolute defense created by these sections.

The owner or possessor of a dog that bites, without substantial provocation, a person while such person is on public property or lawfully on private property shall be strictly liable for damages to the bitten individual. Owners or possessors of such dogs shall also be strictly liable for any damage incurred to property or livestock by their dogs. If it is determined that the damaged party had fault in the incident, any damages owed by the owner or possessor of the biting dog shall be reduced by the same percentage. This shall not apply to dogs killing sheep or other domestic animals. If a dog owner or possessor is found liable by a court for such damages, the owner or possessor shall also be assessed a fine up to $1,000.

When a dog that has previously bitten a person or domestic animal without provocation, subsequently bites a person again, the owner or possessor shall be guilty of a Class B misdemeanor. However, if the offense results in serious injury it shall be a Class A misdemeanor and if the previous biting episode also resulted in serious injury, it shall be a Class D felony. If the offense results in death it shall be a class C felony. Any such dog, or a dog that inflicts serious injury or death on the first biting occasion, shall be seized by the animal control authority or county sheriff who shall notify the dog's owner in writing. The dog shall be impounded for ten business days after notice has been provided to the owner, after which time the dog shall be destroyed. Appeal procedures are provided in these sections.

These provisions do not apply to dogs that bite a person while such person is engaged in criminal activity at the time of attack. Certain instances of trespassing are not considered "criminal activity". Dogs owned or utilized by a law enforcement agency who bite in the course of their employ are exempt from these provisions.

These provisions are similar to SB 184 (2009).

SECTION 302.060

This act specifies that the director of the department of revenue shall deny driving privileges to any person convicted twice within a five-year period of violating an "intoxication-related traffic offense" and shall not issue a license to such person for five years from the date of the second conviction. It no longer requires that the defendant was represented by or waived the right to an attorney in writing, in order to coordinate with the provisions of Section 577.023, RSMo.

SECTION 303.024

Under this act, any person who intentionally produces, manufactures, sells, or otherwise distributes a fraudulent document intended to serve as an insurance identification card is guilty of a class D felony. The act further provides that any person who knowingly or intentionally possesses a fraudulent document intended to serve as an insurance identification card is guilty of a class B misdemeanor.

This provision is identical to SB 16 (2009).

SECTION 304.820

This act prohibits individuals twenty-one years of age or younger from texting while operating a motor vehicle.

SECTION 306.109

This act prohibits certain activities from being committed on the rivers of this state, except for the Missouri, Mississippi, and Osage rivers.

Such activities shall include:

1) Possessing or using beer bongs or other devices intended for rapid consumption of alcohol;

2) Possessing or using any large volume alcohol containers that hold more than four gallons; and

3) Possessing certain coolers on or within fifty feet of any such river, unless in a campground, picnic area, landing, road, or parking lot.

Violation of these provisions is a class A misdemeanor.

This provision is similar to SCS/SB 2 (2009).

SECTION 311.325

A minor who purchases, attempts to purchase, or possesses liquor or who is visibly intoxicated shall be deemed to have given consent for testing to determine the person's BAC. Such consent shall be limited to not more than two tests and such tests shall be conducted in a manner approved by the Department of Health and Senior Services by licensed medical personnel or a person with a permit from DHSS. DHSS shall establish standards and procedures of persons allowed to conduct such testing. The person being tested may be accompanied by a doctor, nurse or other qualified person. Failure to obtain an additional test shall not preclude admission of evidence. Full information, as described in the act, regarding the test shall be given at the request of the person being tested.

SECTION 311.326

Currently, after one year or upon turning twenty-one years of age, a person with a first-time minor in possession charge (MIP) may apply to have his or her record expunged. Under this act, the person must wait until one year after reaching the age of twenty-one to apply for expungement.

SECTION 407.150

This act requires persons or businesses that own or license personal information of residents of the state to provide notice to the affected consumer that there has been a security breach following discovery or notification of such breach. The notice must meet certain qualifications and include certain information. The attorney general shall have exclusive authority to bring an action to obtain damages for a violation.

SECTIONS 409.5-508 & 409.6-604

This act specifies that any person convicted of criminal securities fraud will be fined up to $1 million, imprisoned for up to 10 years, or both and may be ordered to pay restitution for any loss plus an interest rate of 8% per year from the date of the violation. An additional civil penalty of up to $5,000 may be imposed for each violation against an elderly or disabled person.

These provisions are similar to HB 619 (2009) and SB 91 (2009).

SECTION 544.665

This act modifies the penalties for failure to appear. A person is guilty if he or she knowingly fails to appear before a court or judicial officer as required. The sentence varies depending on the criminal matter involved.

This provision is similar to a provision of HB 384 (2009).

SECTION 545.050 & 550.040

This act removes the requirement that court costs be assessed to the prosecutor in trespass cases if the defendant is acquitted or the prosecution fails.

These provisions are similar to a provision of HCS/HB 384 (2009) and SS/HCS/HB 481 (2009).

SECTIONS 550.050 - 550.090

This act repeals certain provisions making prosecutors pay certain court costs.

These provisions are similar to a provision of HB 384 (2009) and SS/HCS/HB 481 (2009).

SECTION 556.036

This act makes the statue of limitations five years, rather than three years, for the crimes of knowingly burning or exploding, arson in the second degree, and cases of arson in the first degree when the penalty is a class B felony.

SECTION 561.031

This act removes the requirement that when using two-way audio visual communication for criminal proceedings a full record of such proceeding be made by split-screen imaging and recording of the proceedings in the courtroom and place of confinement may be required.

This provision is similar to a provision of SS/HCS/HB 481 (2009).

SECTION 565.063

This act modifies the definitions of "domestic assault offense" to include any offense committed in another state or any federal, tribal, or military offense which, if committed in Missouri, that would be considered a domestic assault offense.

SECTIONS 565.081, 565.082, & 565.083

This act 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.

These provisions are similar to HB 268 (2009), HB 511 (2009), a provision of HCS/SS/SB 58, HCS/SB 84 (2009), and CCS/SS/SCS/HB 683 (2009).

SECTION 565.084

This act expands the crime of tampering with a judicial officer to include juvenile officers, deputy juvenile officers, prosecutors, and assistant prosecutors.

This provision is similar to HB 371 (2009) and SB 402 (2009).

SECTIONS 566.013 & 573.013

In the course of a criminal investigation for sexual offenses or pornography offenses, when the venue of the alleged criminal conduct cannot be readily determined without further investigation, the attorney general may request the prosecuting attorney of Cole County to request a circuit or associate circuit judge of Cole County to issue a subpoena to any witness who may have information for the purpose of oral examination under oath or to require access to data or the production of books, papers, records, or other material of evidentiary nature at the office of the attorney general. If, upon review of the evidence produced pursuant to the subpoenas, it appears that a violation may have been committed, the attorney general shall provide the evidence produced pursuant to subpoena to an appropriate county prosecuting attorney or circuit attorney having venue over the criminal offense.

SECTION 566.147

This act makes formatting changes to this provision.

SECTION 566.148

This act prohibits certain sexual offenders from being physically present or loitering within 500 feet of or approaching, contacting, or communicating with any child younger than 18 years of age in any child care facility building or the real property comprising any child care facility when children younger than 18 years of age are present in the building or on the grounds unless the person is the parent, guardian, or custodian of a child in the building or on the grounds. Any person violating this provision is guilty of a class A misdemeanor.

This provision is similar to HB 164 (2009).

SECTION 566.150

This act prohibits certain sexual offenders from knowingly being present in or loitering within 500 feet of any real property comprising any public park with playground equipment or public swimming pool. Any person violating this provision will be guilty of a class D felony for the first offense and a class C felony for any subsequent offense.

This provision is similar to HB 105 (2009).

SECTION 566.155

This act prohibits certain sexual offenders from serving as an athletic coach, manager, or trainer for any sports team of which a child younger than 17 years of age is a member. Any person violating this provision shall be guilty of a class D felony for the first offense and a class C felony for a subsequent offense.

This provision is similar to HB 106 (2009).

SECTION 568.045

Under endangering the welfare of a child in the first degree, a person is guilty of a class C felony if he or she possesses methamphetamine in the presence of a person less than seventeen years of age or in the residence where a person less than seventeen years of age resides.

This provision is similar to HB 160 (2009) and a provision of HCS/HB 384 (2009).

SECTION 570.030

This act modifies the definition of livestock in terms of what is considered a punishable offense for stealing. Under current law, it is a Class C felony to steal a horse, mule, ass, cattle, swine, sheep, or goat. This act adds calves, ratite birds (which include ostrich and emu), farm-raised fish, llamas, alpaca, buffalo, elk, and rabbits to the list of livestock for which it is a Class C felony to steal.

The act makes it a Class C felony to steal captive wildlife held under permit issued by the conservation commission, but it shall be a Class B felony in cases where there has been a similar prior conviction and if the value of the stolen animals exceeds $3,000.

Any person who pleads guilty to or is found guilty of stealing livestock or captive wildlife held under permit issued by the conservation commission valued at over $3,000 and who has a prior conviction for stealing such animals shall serve at least 80% of his or her prison sentence before being eligible for probation, parole, or release.

A person who steals an explosive weapon will be guilty of a class C felony regardless of the item's value.

These provisions are similar to HB 230 (2009), SB 159 (2009), and certain provisions of HCS/HB 384 (2009).

SECTIONS 570.040

This act revises the term "stealing-related offense" as it is used in Section 570.040, RSMo, to include robbery. The section removes the requirement that a person must have received at least a 10-day jail sentence on a prior offense before a third or subsequent misdemeanor stealing-related offense can be enhanced to a Class D felony. It also specifies that a person who has previously pleaded guilty to or been found guilty of two stealing-related offenses which were committed on two separate occasions, and who subsequently pleads guilty to or is found guilty of a stealing-related offense is guilty of certain felonies depending on the nature of such stealing-related offense.

This provision is identical to HB 1473 (2008) and SB 200 (2009).

SECTION 570.080

A person who receives an explosive weapon shall be guilty of a class C felony regardless of the item's value.

This provision is similar to HB 230 (2009).

SECTIONS 573.020, 573.023, 573.025, 573.030, 573.035, 573.037, 573.040, 573.060, and 573.065

Currently, a person must know the contents and character of the obscene material or child pornography involved in a pornography offense in order to be found guilty. Under this act, a person no longer needs to know the content and character of the material in order to be found guilty.

Under this act, a person is guilty of sexual exploitation of a minor, possession of child pornography, or public display of explicit sexual material if such offenses are committed knowingly or recklessly, rather than being committed with knowledge of the content and character of the material that is the subject of the offense.

SECTION 575.150

This act expands the crime of resisting arrest, stop, or detention to include resisting an arrest for a warrant issued by a court or probation and parole officer. The crime of resisting arrest shall be Class D felony for an arrest for a warrant issued for failure to appear on a felony case or a warrant issued for a probation violation on a felony case.

This section is similar to SB 221 (2009) & HB 63 (2009).

SECTION 575.153

This act creates the crime of disarming a peace or correctional officer if a person intentionally removes from or deprives the peace or correctional officer of 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 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. Such crime is a class C felony.

SECTION 575.260

This act expands the crime of tampering with a judicial proceeding to include influencing the official action of a state prosecuting or circuit attorney, assistant prosecuting or circuit attorney, or attorney general.

This provision is similar to HB 384 (2009).

SECTION 576.050

This act modifies the crime of misuse of official information by prohibiting knowingly or recklessly obtaining or disclosing information from the MULES or NCIC System or any other criminal justice information sharing system that contains individually identifiable information.

SECTION 577.023

This act redefines the term "intoxication-related traffic offense" to include certain traffic offenses involving alcohol regardless of whether the defendant was represented by or waived the right to an attorney in writing. This term is used in the provisions providing enhanced penalties for persons who commit multiple intoxication-related traffic offenses.

This act allows the court, as a condition of probation, to require certain persons convicted of intoxication-related traffic offenses to submit to alcohol monitoring in certain circumstances instead of serving a more lengthy sentence.

The term "continuous alcohol monitoring" means automatically testing alcohol concentration levels and tampering attempts, regardless of the location of the person wearing the device, at least once each hour and regularly transmitting the data.

In addition to other terms of probation, a court shall consider requiring an offender convicted of an intoxication-related traffic offense to abstain from consuming alcohol as demonstrated by continuous alcohol monitoring or verifiable breath alcohol testing performed a minimum of four times per day for a length of time established by the court, but not less than 90 days. The court may order the offender to pay for the monitoring.

This section also repeals one version of Section 577.023, RSMo, which is currently doubly-enacted.

This section is similar to SB 192 (2009) and SB 219 (2009).

SECTION 577.029

This act repeals Section 577.029 as it passed in HB 574 (2007) and reenacts it as new language. It no longer specifies that the medical personnel specifically be at his or her place of employment.

SECTIONS 578.250, 578.255, 578.260, & 578.265

This act prohibits the inhalation, selling, or possession of certain solvents to induce intoxication. Such crime is a class B misdemeanor for the first offense and a class D felony for subsequent offenses. No person who owns or operates any business which operates as a live entertainment performance venue or receives over 50% of its gross annual income from the sale of recorded video entertainment shall sell such solvents.

This act prohibits any person from possessing or using an alcoholic beverage vaporizer. Such a vaporizer is defined as "any device which, by means of heat, a vibrating element, or any other method, is capable of producing a breathable mixture containing one or more alcoholic beverages to be dispensed for inhalation into the lungs via the nose or mouth or both." Also, no person shall intentionally induce or abuse solvents or ethyl alcohol. A violation of these provisions is a Class B misdemeanor. This provision does not apply to substances that are FDA-approved or administered by a medical practitioner and shall not be construed to prohibit the legal consumption of intoxicating liquor, including wine and beer, and nonintoxicating beer.

These provisions are similar to SB 26 (2009).

SECTION 589.400

This act allows people who commit misdemeanor offenses under Chapter 566, RSMo (Sexual Offenses) to immediately petition the court to remove or exempt his or her name from the registry if the person was eighteen or younger and the victim was thirteen or older at the time of the offense and no force was involved. Currently, such individuals must wait two years to petition off of the registry.

Currently, there is a clause in Section 589.400.1 (2), requiring certain offenses on the sexual offender registry to be committed against a minor under the age of eighteen. However, some of the offenses on the list do not have victims who are minors, such as "sexual contact with a nursing home resident". Therefore, this clause is being removed.

SECTION 589.425

This act specifies that any person who fails to register as a sexual offender will be guilty of a class C felony if the person is required to register based on having committed an offense in any other state or foreign country or under federal, tribal, or military jurisdiction which, if committed in this state, would be an offense under Chapter 566, RSMo, and has previously pled guilty to or has been found guilty of failing to register as a sexual offender.

This provision is identical to a provision of HCS/HB 384 (2009) and HB 260 (2009).

SECTION 590.701

This act requires custodial interrogations of persons suspected of certain serious offenses to be recorded when feasible unless certain exceptions exists. Each law enforcement agency shall adopt a written policy regarding such interrogations. Law enforcement agencies are permitted to record an interrogation in any circumstance with or without knowledge or consent of the suspect.

"Custodial interrogation" means the questioning of a person under arrest, who is no longer at the scene of a crime, by a member of the law enforcement agency along with the answers and other statements of the person questioned. The term does not include: 1) situations where the person voluntarily agrees to meet with law enforcement, 2) detention by law enforcement that has not risen to the level of an arrest, 3) questioning that is routinely asked during the processing of the arrest of the suspect, 4) questioning pursuant to an alcohol influence report, and 5) questioning during the transportation of the suspect.

If a law enforcement agency fails to comply with these provisions and acts without good faith, the Governor may withhold any state funds received by the agency.

This provision is identical to SB 310 (2009).

SECTION 595.027

This section, which was excluded from HCS/SCS/SB 338, reflects the transfer of the Crime Victims' Compensation Fund to the Department of Public Safety, which has already occurred by executive order.

SECTIONS 650.052 & 650.055

This act provides, in the DNA profiling provisions, that the circuit courts do not have to use a reasonable doubt standard when determining if an individual is a sexually violent predator to be civilly committed.

This act also specifies that the DNA samples currently taken from registered sex offenders may be tested under the DNA profiling system and that a fingerprint shall be taken along with the DNA sample.

SECTION 650.059

This act creates the "Crime Laboratory Review Commission" to independently review the operations of crime lab in the state receiving state-administered funds.

This provision is similar to SCS/SB 8 (2009).

SECTION 1

Upon request of a law enforcement officer to inspect certain records of any livestock sales or market licensee to determine the origin and destination of any livestock handled by the licensee, the law enforcement officer shall be entitled to inspect such records of the licensee without prior notice or the necessity of obtaining a search warrant during regular business hours in a manner so as to minimize interference with or delay to the licensee's business operation. When a law enforcement officer has probable cause to believe that livestock in the possession of a licensee is misappropriated, the officer may place a twenty-four hour hold order on the livestock.

A violation of, or noncompliance with, this provision shall be a class A misdemeanor. Gross negligence or willful noncompliance with the provisions of this section by a licensee shall be cause for the licensing authority to suspend or revoke the licensee's license. Any imposed suspensions or revocation provided for by this subsection may be appealed by the licensee to the licensing authority or to a court of competent jurisdiction.

All records and information that relate to a licensee's purchases or transactions and that are delivered to or otherwise obtained by an appropriate law enforcement officer under this section are confidential and may be used only by such appropriate law enforcement officer and only for certain official law enforcement purposes related to the crime.

SECTION 2

This act authorizes the revisor statutes to change the term "criminal records and identification division" to "central repository".

SECTION 3

Under this act, a person or entity commits the crime of promoting on-line sexual solicitation if such person or entity owns a web-based classified service and knowingly permits such service to be used by individuals to post advertisements promoting prostitution, enticing a child to engage in sexual conduct, or promoting sexual trafficking of a child after receiving the required notice from the attorney general or prosecuting attorney. A violation of the section shall be a felony, punishable by a fine of $5,000 per day that the advertisement remains posted, after seventy-hours have passed after the notice is provided.

This act contains an emergency clause for certain sections.

SUSAN HENDERSON MOORE