The term "crime" was replaced with "offense" in many sections of this act. Several sections relating to crimes were moved to chapters within the state's "Criminal Code", which encompasses Chapters 556 to 600. Other sections within Chapters 556 to 600 not relating to crime, such as the process to obtain a concealed carry endorsement, were moved to chapters outside of the code. This act creates a new Chapter 579 for the drug crimes, which were previously codified outside of the code in Chapter 195. Some crimes were renamed, renumbered, or consolidated into other crimes. Several crimes were repealed that were considered to be obsolete or duplicative by a committee of the Missouri Bar Association. A doubly-enacted provision relating to the court automation fund that included an expiration date of 2017 was repealed. Other crimes were reclassified with the effect of lowering or raising the penalty of the crime depending on the reclassification.

These provisions are similar to SB 253 (2013), SB 872 (2012), and HB 1897 (2012).

NEW FELONY AND MISDEMEANOR CLASSES

This act creates a new classification for felonies to be known as Class E, and a new classification for misdemeanors to be known as Class D.

The term of imprisonment for a Class C felony was changed from no more than 7 years to 3 to 10 years. Under current law, the maximum term for a Class D felony is 4 years. This act makes the maximum term 7 years, which is the current maximum term for Class C felonies. Under this act, the new Class E felony has the same maximum authorized term of imprisonment as a Class D felony under current law. The terms of imprisonment for misdemeanors were not revised and the new Class D misdemeanor has no authorized term of imprisonment.

To reflect the change in the authorized terms of imprisonment, crimes once classified as Class C felonies were changed to Class D felonies and crimes once classified as Class D felonies were changed to Class E felonies throughout the statutes.

This act provides that fines for Class C, D, and E felonies may not exceed $10,000 rather than $5,000. The maximum fines for Class A and B misdemeanors, offenses committed by corporations, and infractions were also doubled. This act increases the maximum fine for a Class C misdemeanor from $300 to $750 and the maximum fine for the new Class D misdemeanor is $500. The $20,000 cap on the amount a court may fine a person who has gained from an offense was repealed.

These provisions are similar to SB 253 (2013), SB 872 (2012), and HB 1897 (2012).

ELDER AND VULNERABLE PERSON ABUSE

Under current law, certain people are required to report elder abuse. This act provides that duly ordained ministers, clergy, religious workers, and Christian Science practitioners functioning in a ministerial capacity are not required to report privileged communications made to such person in his or her professional capacity.

This act modifies the elder abuse statute and a provision requiring certain people to report vulnerable abuse to provide that the statutes shall not be construed as meaning an elderly, disabled, or vulnerable person is abused solely because such person chose to rely on spiritual means in lieu of medical care for his or her health care as shown by such person's explicit consent, advance directive for health care, or practice.

DANGEROUS FELONY

This act modifies the definition of "dangerous felony" to include habitual offenders of driving while intoxicated and first degree child molestation and to exclude parental kidnapping.

This provisions is similar to SB 253 (2013), SB 872 (2012), and HB 1897 (2012).

INCHOATE OFFENSES

Under current law, any attempt or conspiracy to commit a misdemeanor regardless of the classification of the underlying offense is a Class C misdemeanor. This act makes the classification of an attempt or conspiracy to commit a misdemeanor offense to be one step lower than the class provided for the underlying offense.

This provision is similar to SB 253 (2013), SB 872 (2012), and HB 1897 (2012).

REPEAT OFFENDERS

Additional crimes were added to provisions that allow for enhanced penalties for repeat offenders.

This provision is similar to SB 253 (2013), SB 872 (2012), and HB 1897 (2012).

DEATH PENALTY

This act increases the age at which a person is eligible for the death penalty from 16 to 18 to reflect a decision by the U.S. Supreme Court that only offenders 18 and older may be sentenced to death.

This provision is identical to SB 872 (2012) and HB 1897 (2012).

ASSAULT OFFENSES

This act repeals several assault offenses and creates enhanced penalties for assaults on "special victims", which are defined under the act. A new third degree assault crime is created, which penalize s knowingly causing physical injury to another person. In addition, this act makes penalty enhancements that currently apply to domestic assault offenses apply to all assault offenses.

These provisions are similar to SB 253 (2013), SB 872 (2012), and HB 1897 (2012).

SEX OFFENSES

Under current law, definitions for sexual and deviate sexual intercourse refer to the term "female sex organ". This act changes the reference to "vagina" in one section and "female genitalia" in another section.

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.

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 of various sexual offenses are updated to reflect the change. One of the statutes that contained the former names, 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. In addition to renaming the above crimes, 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.

Current law provides that a person commits the Class A misdemeanor of child molestation in the second degree by if he or she subjects another person who is less than seventeen years of age to sexual contact. This act creates the offense of child molestation in the fourth degree, which is a Class D felony. A person commits the offense if he or she subjects another person who is less than 17 years old and who is more than four years younger than the perpetrator at the time of the offense.

In addition, this act repeals a provision that specified that a person is not to be considered incapacitated if the person became incapacitated after consenting to an act. Also repealed is a provision of current law specifying that a crime is not committed when an offender reasonably believed that 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.

Under current law, consent is not a defense to a sex offense if the victim is under the age of 12. This act raises the age to 14.

Current law provides that a person commits the crime of use of a child in a sexual performance if he or she allows a child under the age of 17 to engage in a sexual performance or consents to his or her child being in a sexual performance. This act raises the age of the child to under 18 years of age.

This act expands the offense of sexual contact with a student to private elementary and secondary schools. It currently only applies to public schools.

This act repeals a provision allowing a court to prohibit a person found guilty of bestiality from harboring or living with animals for two years after the completion of the sentence.

Under current law, a person commits child abuse if he or she knowingly inflicts cruel and inhuman punishment on a child less than 17 years old or photographs a child under the age of 18 in a sexual act. This act removes the provision regarding the photographing of a child.

This act expands the list of victims who shall not be forced to submit to a lie detector test by law enforcement as a condition for proceeding with a criminal investigation and victims whose identities shall be protected to cover all offenses under Chapter 566, domestic assault and stalking rather than just sexual assault and forcible rape.

Provisions of this act are similar to provisions of the truly agreed to and finally passed SS/SCS/HCS/HB 215 (2013), SB 214 (2013), HB 280 (2013), the truly agreed to and finally passed SCS/HB 301 (2013), HCS/HB 371 (2013), HCS/HB 589 (2013), SB 253 (2013), SB 872 (2012), and HB 1897 (2012).

CRIMES INVOLVING SPECIFIC DISTANCES

All statutes that provide for enhanced criminal penalties when the crime is committed within distances greater than 1,000 feet of a certain person, place, thing have been amended so that the distance is 1,000 feet.

These provisions are similar to SB 253 (2013), SB 872 (2012), and HB 1897 (2012).

PROPERTY CRIMES

Under current law, the classification of a crime involving property damage is often based on the value of the property damage. The values differ throughout the statutes. This act makes such values $750 when they fall within the range of $500 to $1,000. Several other values are modified within the property crimes chapter.

These provisions are similar to SB 253 (2013), SB 872 (2012), and HB 1897 (2012).

STEALING

Under current law, stealing property valued at less than $500 is a Class A misdemeanor unless the property falls under a list of certain specified types of property. This act makes it a Class D misdemeanor for a first-time offense of stealing property valued at less than $150.

Current law also provides that a person found guilty of a third stealing offense within ten years must be charged with a felony stealing offense. Rather than providing for a felony upon a third offense, this act requires a felony charge for the fourth offense. Also, the felony enhancement only applies if the offender received a sentence of 10 days or more in jail for each prior offense.

These provisions are similar to SB 253 (2013), SB 872 (2012), and HB 1897 (2012).

ENDANGERING VISITORS TO CORRECTIONAL FACILITIES

Visitors to a county or city jail are added to the class of possible victims under the crime of endangering a visitor to a correctional facility.

This provision is identical to SB 253 (2013), SB 872 (2012), and HB 1897 (2012).

INTOXICATION-RELATED OFFENSES

This act adds a new repeat offender of intoxication-related driving offenses, called the habitual offender, which is a person who has been found guilty of five or more intoxication-related offenses committed on separate occasions, four or more intoxication-related offenses committed on separate occasions where at least one of the offenses involved another person being injured or killed, or three intoxication-related offenses when at least two of the offenses involved another person being injured or killed.

This act creates the crimes of boating while intoxicated and with an excessive blood alcohol content, which are similar to current provisions of law that prohibit operating a vessel on the Mississippi or Missouri Rivers or lakes in the state while intoxicated or with an excessive blood alcohol level, except the new crimes are not limited to boating on specific waterways.

Phlebotomists are added to the list of people who may draw blood to determine blood alcohol content.

These provisions are similar to SB 253 (2013), SB 872 (2012), and HB 1897 (2012).

LEAVING THE SCENE OF AN ACCIDENT

Under current law, it is only a crime to leave the scene of an accident on a highway or parking lot or facility and only the person who caused the accident is required to report the accident. This act repeals both limitations, so the crime applies to an accident taking place anywhere and caused by anyone. In addition, accidents involving vessels and ATVs are added to the crime. This act limits the requirement to report an accident to incidents resulting in property damage to another person's property.

These provisions are similar to SB 253 (2013), SB 872 (2012), and HB 1897 (2012).

UNLAWFUL FUNERAL PROTESTS

This act creates the offense of unlawful funeral protest if he or she pickets or engages in other protest activities within 300 feet of any residence, cemetery, funeral home, church, synagogue, or other establishment during or within one hour before or one hour after the conducting of any actual funeral or burial service at that place.

A first offense is a Class B misdemeanor. If the person has previously been found guilty of unlawful funeral protests, it is a class A misdemeanor.

DRUG OFFENSES

Under the current law, it is unlawful for manufacturers and distributors and their agents and employees to deliver a controlled substance if the person has reasonable cause to believe the controlled substance will be used in violation of the law. Under this act, the offense is committed when the person knowingly delivers a controlled substance while acting recklessly as to whether it will be used in violation of the law. Agents of manufacturers and distributors are removed from the people who can commit the crime.

Under current law, a person commits the Class C felony of maintaining a public nuisance when such person keeps or maintains a room, building, structure, or inhabitable structure that is used for the illegal use, keeping, or selling of drugs, including marijuana.

Under this act, a person commits the crime, which is a Class E felony, if such person knowingly keeps or maintains a room or building that is used for the illegal manufacture, distribution, storage or sale of drugs except for 35 grams or less of synthetic or real marijuana. A person also commits the crime if, on three or more separate occasions within a year, two or more people not living in the room or building, gather to ingest, inject, inhale drugs, not including marijuana or synthetic marijuana.

In addition, a provision was repealed that contained procedures for a prosecutor to bring a civil lawsuit to enjoin the nuisance and allowing the court to order the premises to not be occupied or used for no longer than one year.

These provisions are similar to SB 253 (2013), SB 872 (2012), and HB 1897 (2012).

MEGHAN LUECKE