CRIMINAL RECORDS AND JUSTICE INFORMATION ADVISORY COMMITTEE - 43.518

Under current law, the chairman of the Circuit Court Budget Committee serves on the Criminal Records and Justice Information Advisory Committee. This act replaces the chairman of the budget committee with the chairman of the Court Automation Committee.

This provision is similar to provisions in HCS/SB 100 (2013) and identical to provisions in HCS/HB 371 (2013) and the truly agreed to and finally passed CCS/SS/SCS/HCS/HBs 374 & 434 (2013).

SEXUAL OFFENSES - 160.261 to 217.010, 217.703, 339.100, 375.1312, 556.036 to 556.061, 558.018, 558.026, 559.105.8, 559.117, 566.020 to 566.226, 589.015, 590.700, & 632.480

Under this act, the crimes of forcible rape and sexual assault are renamed first and second degree rape, the crimes of forcible sodomy and deviate sexual assault are renamed first and second degree sodomy, and the crimes of sexual abuse and first degree sexual misconduct are renamed first and second degree sexual abuse. Second and third degree sexual misconduct are renamed first and second degree sexual misconduct.

References throughout the statutes to the former names are updated to reflect the change. A section that prohibits insurers from taking certain actions based on a person's status as a domestic violence victim was further modified to align with statutory definitions in current law related to domestic violence.

Under current law, forcible rape, forcible sodomy and sexual abuse all occur when a person engages in certain specified sexual conduct with another person by forcible compulsion. This act provides that a person violates the law when engaging in the sexual conduct with another person who is incapacitated, incapable of consent, or lacks the capacity to consent, or by forcible compulsion.

Under current law, assent does not constitute consent if it is given by a person who due to youth, mental disease or defect, or intoxication is manifestly unable to make a reasonable judgement regarding the conduct charged. This act provides that a drug-induced state or any other reason can result in the person being unable to consent.

In addition, this act repeals current law specifying that a person is not to be considered incapacitated if the person became incapacitated after consenting to an act and a crime is not committed when an offender reasonably believed the victim consented to the act and was not incapacitated.

Current law provides that multiple sentences of imprisonment must run concurrently unless the court specifies that the sentences are to run consecutively, except when the sentences are for the crimes of rape or sodomy, in which case the sentences for those crimes must run consecutively. Under this act, sentences for the crimes of first degree statutory rape and first degree statutory sodomy must also run consecutively.

These provisions are similar to provisions of SB 214 (2013).

CORRECTIONS PROGRAMS FOR OFFENDERS UNDER AGE 18 - 217.345

Under current law, the Department of Corrections must establish correctional treatment programs for offenders who are under the age of 17. In such programs, offenders who are under the age of 17 must be separated from those who are 17 years of age or older.

This act raises the age of the offenders in the programs to under the age of 18, and provides that offenders who are under the age of 18 must be separated from those who are 18 years of age or older. The provisions relating to a regimented training program for juvenile offenders are repealed.

Current law also requires the Department to implement an ongoing evaluation process for juvenile offender programs. This act removes the requirement that the process be ongoing.

This act repeals provisions requiring prosecuting attorneys to maintain sentencing records for offenders who were under the age of 17 at the time of prosecution and requiring the Department to submit an annual report regarding juvenile offender programs to the Governor and General Assembly.

These provisions are identical to SB 338 (2013).

DOMESTIC VIOLENCE - 339.100, 375.1312, & 455.010 to 527.290

This act modifies provisions relating to domestic violence and makes various changes to the domestic violence chapter as follows:

(1) Provides for the consistent use of the terms "person" rather than "adult" and the use of "domestic violence" rather than "abuse" in the domestic violence chapter;

(2) Provides for the consistent use of "stalking" to ensure that the provisions of the chapter apply to instances of both domestic abuse and stalking that does not involve a family or household member;

(3) Provides that a court must order a protective order if the petitioner has proven the allegation by a preponderance of the evidence and the respondent cannot show his or her actions were otherwise justified under the law;

(3) Under this act, notice for both ex parte and full orders of protection shall have priority over other non-emergency actions;

(4) The provisions requiring a court to "dismiss a petitioner" when there are insufficient allegations have been revised to provide that the court shall deny the ex parte order and dismiss the petition; and

(5) Service on a custodial parent, guardian or guardian ad litem for a juvenile respondent will require the person to bring the respondent to court.

Also, current law provides for an exception to the requirement for public notice of a name change for instances where the person changing his or her name is a victim of domestic violence. This act extends such exception to prohibit publication on CaseNet or through other any system operated by the judiciary that is designed to provide public case information electronically. Section 527.290.2

These provisions are identical to HCS/HB 589 (2013), HCS/SB 222 (2013), and are substantially similar to HB 281 (2013).

COSTS OF ELECTRONIC MONITORING - 544.455 & 557.011

Under current law, a judge may release a person charged with a crime pending trial and place the person on house arrest with electronic monitoring if the person can afford the costs of the monitoring. A judge can also order that a person convicted of a crime and placed on probation be placed on house arrest with electronic monitoring if the person can afford the costs of the monitoring.

This act provides that, in either of the above scenarios, a person may be placed on electronic monitoring if the person can afford the costs or the county commission agrees to pay the costs of the monitoring from its general revenue.

These provisions are identical to SB 327 (2013) and the truly agreed to and finally passed CCS/SS/SCS/HCS/HBs 374 & 434 (2013).

DEPARTMENT OF CORRECTIONS 120-DAY PROGRAMS - 559.036 & 559.115

Under current law, a court must place certain defendants who have violated the terms of probation in one of the Department of Corrections' 120-day programs before revoking probation. This act provides that a court may revoke a defendant's probation without placing the defendant in a 120-day program if the defendant consents to the revocation.

This act repeals a provision of current law requiring a circuit court to release an offender who participates in a 120-day Department of Corrections program unless the release constitutes an abuse of discretion.

This act provides that the offender's sentence may only be executed after conducting a hearing on the matter within 90 to 120 days from the date the offender was delivered to the Department of Corrections rather than within 90 to 120 days from the date the offender was sentenced.

This act modifies provisions of law dealing with the department's responsibilities when an offender is not successful in a 120-day program.

This act provides that the court must consider other authorized dispositions if the court is advised that an offender is not eligible for placement in a 120-day program.

Under this act, the department must provide a report and sentencing recommendation to the court when an offender completes a sexual offender assessment. This act also specifies that a sexual offender assessment shall not be considered a 120-day program and identifies the provisions containing the process for granting probation to an offender who has completed the assessment. This act repeals a provision requiring the court to request certain offenders be placed in the sexual offender assessment unit of the Department of Corrections.

Current law provides that an offender's first incarceration for 120 days in a Department of Corrections program prior to release on probation shall not be considered a previous prison commitment for purposes of sentencing for subsequent crimes. This act provides that an offender's first incarceration prior to release on probation - even if the offender does not participate in a 120-day program - shall not be considered a previous prison commitment.

These provisions are identical to the truly agreed to and finally passed CCS/SS/SCS/HCS/HBs 374 & 434 (2013) and SCS/SB 380 (2013).

RESTITUTION - 559.100, 559.105, & 570.120

This act provides that restitution must be paid through the office of the prosecuting or circuit attorney.

In addition, this act allows the prosecuting attorney who takes action to collect restitution to collect an administrative handling cost. The proceeds are to be deposited by the county treasurer into an "Administrative Handling Cost Fund" to be expended by the prosecuting attorney. Restitution collected from a person found guilty of passing a bad check must also be put in the "Administrative Handling Cost Fund".

Current law provides that a court may order a person to make restitution when the person has been found guilty of first degree tampering involving an automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle or stealing a motor vehicle, watercraft, or aircraft. The restitution must include payment for repairs or replacement of the vehicle, watercraft, or aircraft and any costs associated with towing or storage fees. In addition, a person may be required, as a condition of parole, to make restitution. This act expands the current restitution law so that it applies to any person found guilty of any offense and repeals the provisions requiring the restitution include repairs, towing, and storage fees. In addition, this act provides that a person must be required to make restitution as a condition of parole.

This act allows the court to set an amount of restitution to be taken from the inmate's account while incarcerated by the Department of Corrections.

This act also provides that the payment of restitution may be collected as a condition of conditional release or parole by the prosecuting attorney and that the prosecuting attorney may refer any failure to make restitution as a violation of parole or the terms of conditional release.

These provisions are identical to SCS/SB 331 (2013) and are similar to HB 1382 (2012).

POSSESSION OF CHILD PORNOGRAPHY - 573.037

Under current law, a person commits the Class C felony of possession of child pornography if he or she possesses any child pornography or obscene material portraying what appears to be a minor. This act provides that possession of child pornography is a Class C felony if the person possesses one still image of child pornography or one obscene still image.

Under current law, possession of child pornography is a Class B felony if the person possesses more than 20 still images of child pornography or one video of child pornography. This act also makes it a Class B felony to possess more than 20 obscene still images or one obscene video. In addition, it is a Class B felony if the person has previously been found guilty of possession of child pornography.

This act provides that a person who has committed the offense of possession of child pornography is subject to separate punishments for each item of child pornography or obscene material.

These provisions are identical to SCS/SB 250 (2013).

FORENSIC EXAMS OF CHILD VICTIMS - 595.220

This act requires the Department of Public Safety to establish rules regarding reimbursements of the costs of forensic exams of children under the age of 14, including rules on conditions and definitions for emergency and nonemergency forensic examinations and qualifications for appropriate medical providers performing nonemergency forensic examinations. The department must provide reimbursement regardless of whether the exam findings indicate abuse.

In addition, this act defines the terms "emergency forensic examination" and "nonemergency forensic examination".

This provision is similar to a provision of SB 214 (2013) and identical to a provision of the truly agreed to and finally passed SCS/HCS/HB 505 (2013) and the truly agreed to and finally passed CCS/HCS/SCS/SB 256 (2013).

CRIMINAL DEFENSE OF INDIGENT PERSONS - 559.036.6, 600.011 to 600.064

Under current law, public defenders represent indigent persons who are detained or charged with a violation of probation or parole. This act provides that indigent persons who are charged with a violation of probation must be represented by a public defender if the judge in the case determines that such representation is necessary to protect the person's due process rights.

This act redefines various positions within the Public Defender System to reflect the current administrative structure of the public defender system.

This act specifies that the deputy director exercises the duties of the director on a temporary basis only, when the director is absent or has resigned, until the commission appoints a new director.

This act requires the director to prepare a plan to establish district offices that have the same boundaries as the existing judicial circuits. The director must submit the plan to the chairs of the House Judiciary Committee and the Senate Judiciary and Criminal and Civil Jurisprudence Committee, along with any fiscal estimates, by December 31, 2014. The plan must be implemented by December 31, 2018.

Currently, indigent persons are eligible for public defender services when detained or charged with a misdemeanor which will likely result in confinement. Under this act, such persons are only eligible when the prosecuting attorney has requested a jail sentence.

This act provides that neither the director nor the commission may limit the availability of a district office or a public defender to accept cases based on a determination that the office has exceeded a caseload standard. It specifies that the director, commission, and any public defender may not refuse to provide representation without prior court approval. This provision has an emergency clause.

In addition, this act allows any district defender to file a motion to request a conference to discuss caseload issues involving an individual public defender or defenders with the presiding judge of a circuit court served by the office. Within 30 days of the conference, the judge must issue an order either granting or denying relief. In order to grant relief, the judge must find that the public defender or defenders will be unable to provide effective assistance of counsel due to caseload issues. The prosecuting attorney and district defender have 10 days to appeal the order. This act gives the Public Defender Commission and the Missouri Supreme Court authority to make rules to implement the above process.

This act requires judges, before appointing private counsel to represent an indigent defendant, to investigate the defendant's financial status to verify the defendant does not have the means to obtain counsel, provide each appointed lawyer, upon request, with an evidentiary hearing on the propriety of the appointment, and determine the appointed counsel has the necessary experience, education, and expertise in criminal defense to provide effective assistance of counsel. A judge who finds that an appointment will cause undue hardship on an attorney must appoint a different attorney to represent the defendant. This act prohibits a judge from requiring a lawyer to advance any amount of personal funds for the cost of defending an indigent defendant.

In addition, this act provides that, when an employee of the General Assembly is appointed to represent an indigent defendant during the legislative, special, or veto session, or an out-of-session committee hearing, the judge must postpone the trial and other court proceedings to a date that does not fall during such times or appoint a different lawyer who is not an employee of the General Assembly.

This act provides that private counsel appointed to represent an indigent defendant may seek payment of litigation expenses from the Public Defender System, but such expenses shall not include counsel fees and shall be approved in advance by the director.

These provisions are identical to SCS/SB 414 (2013).

SEXUALLY VIOLENT PREDATORS - 632.480, 632.498, 632.505 & Section 1

This act adds to the list of persons who shall be served with petitions for the conditional release of a sexually violent predator to include the prosecuting attorney of the jurisdiction where the person is to be released.

This provision is identical to the truly agreed to and finally passed HCS/SB 188 (2013) and a provision of the truly agreed to and finally passed SCS/HB 301 (2013).

This act provides that, when a person designated as a sexually violent predator is electronically monitored while on conditional release, the Department of Corrections must provide, upon request, the chief of the law enforcement agency for the county or city where the facility that released the offender is located with access to the real-time and recorded information collected by the electronic monitoring, including any alerts generated by the technology. The access must continue while the person is living in the county, city, town, or village where the facility that released the offender is located. The electronic information must be closed and not disclosed to anyone outside of the law enforcement agency except upon an order of the court supervising the conditional release.

This provision is identical to SB 285 (2013) and a provision of the truly agreed to and finally passed SCS/HB 301 (2013) and the truly agreed to and finally passed HCS/SB 188 (2013).

This act revises the definition of "sexually violent offense" for purposes of civil commitment to include sexual abuse in the first degree, sexual assault in the first degree, deviate sexual assault in the first degree, and an act of abuse of a child involving either sexual contact, a prohibited sexual act, sexual abuse, or sexual exploitation of a minor, or any felony offense that contains elements substantially similar to these offenses. The intent of the legislature to is to reject and abrogate earlier case law interpretations on the meaning of or definition of "sexually violent offense".

This provision contains an emergency clause and is substantially similar to a provision of the truly agreed to and finally passed SCS/HB 301 (2013) and the truly agreed to and finally passed HCS/SB 188 (2013).

MEGHAN LUECKE