HB 384 Modifies various provisions relating to criminal offenses and criminal procedure

Current Bill Summary

- Prepared by Senate Research -


HCS/HB 384 - This act modifies various provisions relating to criminal offenses and criminal procedure.

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).

SECTION 195.202

Any person who possesses controlled substances, except less than 35 grams of marijuana, shall be guilty of a class B felony if he or she is in the presence of a person less than seventeen years of age or in a residence where a person less than seventeen years of age resides.

Persons who are found guilty of possessing less than 35 grams of marijuana shall be required to perform 10 hours of community service for the first offense and 25 hours of community service for subsequent offenses, except in the case of extraordinary circumstances detailed by the judge.

SECTION 210.1012

This act specifies language regarding the Amber Alert System.

SECTION 211.031

This act specifies that the juvenile court does not have jurisdiction over any child fifteen years of age or older who is alleged to have violated a traffic ordinance ore regulation which does not constitute a felony. Currently, the juvenile court does not have jurisdiction over juveniles age fifteen and one-half years of age.

SECTION 229.110

No longer requires prosecutors to prosecute individuals who fail to trim their hedge fences.

SECTIONS 479.260 & 488.5032

The judge in a criminal or municipal case that is dismissed before the defendant pleads guilty or is found guilty may assess court costs against the defendant as specified in Section 488.012 if the defendant consents to pay and is not indigent and unable to pay the costs.

This provision is similar to HB 830 (2009).

SECTION 488.5025

This act specifies ten dollars of the time-payment fee shall be payable to municipal court clerks, when applicable, for improvement of the court.

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.

SECTIONS 550.050 - 550.090

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

SECTION 565.020

Under this act, a person commits murder in the first degree if he or she knowingly causes the death of a child and a heinous element is involved in the commission of the crime. The term "heinous element" is defined.

SECTION 566.145

This act specifies that in order for a person to be guilty of the crime of sexual contact with a prisoner or offender, the prisoner or offender must be confined in or being transported to a jail, prison, or correctional facility.

This provision is similar to HB 747 (2009).

SECTION 566.226

The name of any defendant in a sexual assault, domestic assault, stalking, or forcible rape case shall not be considered identifying information of the victim and shall not be redacted from court records.

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).

SECTION 570.030

SECTIONS 570.030 & 570.080

A person who steals or receives a stolen firearm or 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).

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 SB 260 (2009).

This act is similar to certain provisions of CCS/SS/SCS/HCS/HB 62 (2009).

SUSAN HENDERSON MOORE


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