HCS/SS/SCS/SB 663 - This act modifies provisions relating to law enforcement officers, domestic violence, abuse reporting, inmates, criminal procedure, crime, driver's licenses, preparation of land descriptions, court funds, circuit courts, concealed carry permits, public defenders, crime victims' rights, and exonerated individuals.DOMESTIC VIOLENCE INCIDENT REPORTING - 43.545, 455.543, 455.545
Currently, the Missouri State Highway Patrol must include all reported domestic violence incidents for compilation in the "Crime in Missouri". This act removes the reference to "Crime in Missouri" and provides instead that the incidents must be reported for compilation in the annual crime report published by the Department of Public Safety.
This act removes time requirements in current law for the required reporting by law enforcement agencies of domestic-violence related homicides and suicides to the Missouri State Highway Patrol. In addition, this act requires the Highway Patrol to present its annual report on domestic-violence related homicides and suicides to the Governor and General Assembly by March 1 rather than February 1.
These provisions are identical to provisions in the truly agreed to and finally passed CCS/HCS/SS/SB 732 (2016), the truly agreed to and finally passed CCS/SCS/SB 921 (2016), and HCS/HB 1930 (2016).
SHERIFF ASSISTANCE - 57.111
Under current law, sheriffs and deputy sheriffs may render assistance in an adjoining county upon the request of that county's sheriff. When rendering such assistance, the responding sheriffs and deputies have the same powers of arrest in the requesting county as they have in their own county. This act provides that sheriffs and deputy sheriffs may render such assistance in any county in the state.
This act also specifies that, for purposes of workers' compensation, overtime, and expense reimbursement, any sheriff or deputy rendering assistance in another county shall be deemed an employee of the responding county sheriff's office.
This provision is identical to a provision of SB 734 (2016) and SS/SCS/HB 218 (2015) and is similar to the truly agreed to and finally passed SCS/HB 1936 (2016) and SB 202 (2015).
HIGHER EDUCATION MEMORANDA OF UNDERSTANDING - 173.2050
This act also requires the governing board of each public institution of higher education in Missouri to engage in discussions with law enforcement agencies and to enter into a memorandum of understanding (MOU) concerning sexual assault, domestic violence, dating violence, and stalking involving students on and off campus.
The MOU shall contain detailed policies and protocols regarding sexual assault, domestic violence, dating violence, and stalking involving students that comports with the best and current professional practices, and set out the procedural requirements for the reporting of an offense, protocol for establishing jurisdiction, and criteria for determining when an offense must be reported to law enforcement.
This provision is identical to a provision in the truly agreed to and finally passed CCS/SCS/SB 921 (2016), HB 1678 (2016), HCS/HB 1930 (2016), and SB 1085 (2016).
FELONY CLASSIFICATIONS - 192.2260, 301.559, 339.100, 400.9-501, 571.020 - 571.072, 632.520, & Section B
During the 2014 session, the General Assembly passed a large-scale revision of the Missouri Criminal Code, which included the addition of a Class E felony and a modification of the terms of imprisonment for Class C, D, and E felonies.
Under current law, the maximum term for a Class C felony is seven years and the maximum term for a Class D felony is four years. Beginning January 1, 2017, when SB 491 (2014) takes effect, the term of imprisonment for a Class C felony will be three to 10 years, the maximum term for a Class D felony will be seven years, and the maximum term for a class E felony will be four years.
To reflect the change in the authorized terms of imprisonment, this act modifies several crimes once classified as Class C felonies to make them Class D felonies and crimes once classified as Class D felonies have become Class E felonies.
These provisions are identical to provisions of the truly agreed to and finally passed SS/SCS/HCS/HB 2332 (2016) and SS/SCS/SBs 112, 212, 143, & 234 (2015).
ELDER ABUSE REPORTING - 192.2405, 192.2410, 192.2475 & 565.188
Under current law, certain types of people must report to the Department of Health and Senior Services if the person has reasonable cause to suspect that a person 60 years of age or older or an eligible adult has been subject to abuse or neglect. This act provides that reports only need to be made if the victim is an eligible adult. The act further adds emergency medical technicians, firefighters, and first responder to the list of mandated reporters. A provision regarding an investigation of abuse by a in-home services client manager and local area agency on aging training is repealed.
These provisions are identical to the truly agreed to and finally passed SS/SCS/HCS/HB 2332 (2016) and are similar to SS/SCS/SBs 112, 212, 143, & 234 (2015).
REPORTING REQUIREMENTS IN LONG-TERM CARE FACILITIES - 198.070
This act amends the provision relating to reporting of suspected abuse and neglect of a resident of a long-term care facility who is sixty years of age or older or an eligible adult. Current law requires a report to be made to the Department of Health and Senior Services in the event of suspected abuse and neglect. Under this act, in the event of a suspected sexual assault of the resident, specified mandated reporters shall also report to local law enforcement under the procedures of the federal Elder Justice Act of 2009.
This provision is substantially similar to SS/SCS/SBs 112, 212, 143, & 234 (2015) and SB 971 (2014).
MIRANDA WARNINGS TO JUVENILE OFFENDERS - 211.059
When a child is taken into custody, current law requires law enforcement officials to advise the child prior to questioning that the child has the right to remain silent, that any statement made can be used in court, has the right to have a parent present, and has the right to an attorney. This act provides that any court recognized exception to the giving of Miranda warnings to an adult prior to interrogation shall also apply to this requirement that a child be given such advise.
This provision is identical to HCS/SCS/SB 804 (2016).
JUVENILE SHACKLING - 211.436
This act provides that, when a juvenile court has a rule or otherwise requires the use of restraints during proceedings, the juvenile's attorney must have the right to be heard on a request that the restraints not be used. If the court orders the use of restraints, the court must make findings of fact in support of the use of restraints.
This provision is identical to HCS/SCS/SB 618 (2016), HCS/SCS/SB 804 (2016), and SB 918 (2016), and is similar to HB 2262 (2016).
SHACKLING OF PREGNANT WOMEN - 217.151
This act allows the Department of Corrections to establish rules, policies and procedures for the transportation, evaluation, and treatment of pregnant and postpartum offenders and specifies certain rules that must be promulgated.
One of the rules includes a restriction on restraints being used on offenders during the second and third trimesters of pregnancy or for 48 hours after delivery unless extraordinary circumstances exist. Extraordinary circumstances are described under this act.
Whenever the chief administrative officer determines extraordinary circumstances exist and restraints are used, the officer must fully document certain information in writing within seven days of the incident. This act requires the Sentencing and Corrections Oversight Commission and the advisory committee on women's programs to conduct biannual reviews of the written reports. The Department of Corrections must keep the reports on file for five years.
This act requires the head of each prison to provide training to prison employees on the requirements of this act and inform female offenders of the prison's policies and practices regarding the use of restraints on pregnant and postpartum inmates.
This provision is similar to a provision of HB 2552 (2016), SB 977 (2016) and HCS/SCS/SB 618 (2016).
TWO-WAY TELECOMMUNICATIONS DEVICES IN PRISONS AND JAILS - 217.360 & 221.111
Under current law, it is a crime to possess, deliver, deposit, or conceal certain items in a prison or jail. This act adds two-way telecommunications devices and their component parts to the list of prohibited items.
This act provides that the prohibition on telecommunications devices does not apply to law enforcement officers lawfully engaged in their duties or any person who is authorized to use such a device in the facility.
This provision is identical to HCS/SCS/SB 804 (2016), is substantially similar to SB 252 (2015), and is similar to SB 689 (2016), HB 1779 (2016), HB 1837 (2016), and SS/SCS/SBs 112, 212, 143, & 234 (2015) and.
PROBATION AND PAROLE - 217.670 & 217.690
This act removes the statutory provision allowing an offender to object to the use of videoconferencing at probation and parole hearings, and requires the Board of Probation and Parole to conduct an interview, rather than a personal interview, of the offender before ordering parole.
These provisions are identical to SB 1006 (2016) and are similar to HCS/SB 681 (2016) and HB 1585 (2016).
LIMITED DRIVING LICENSE - 302.309
The act states that a veterans treatment court may grant a limited driving privilege to a participant in the program who has had his or her license revoked or suspended.
IGNITION INTERLOCK DEVICES - 302.440 & 302.441
This act allows any person who is required to have an ignition interlock device installed on such person's vehicle due to committing certain intoxication-related traffic offenses to apply to the court for a variance to drive an employer-owned vehicle without such device. Such exemption shall not apply in certain situations, and such person shall not drive such employer-owned vehicle with certain passengers or for personal use.
This provision is similar to a provision in the truly agreed to and finally passed HCS/SS/SCS/SB 657 (2016) and HB 2255 (2016).
DRIVER'S LICENSE SUSPENSIONS AND REVOCATIONS - 302.535
Under current law, a person aggrieved by a decision of the Department of Revenue to suspend or revoke a driver's license may file a petition for trial de novo by a circuit court. When a person files such a petition, current law provides that there is no stay in the suspension or revocation order and allows for the issuance of a restricted driving privilege. This act provides that the filing of the petition does result in a stay of the order and requires the department to issue a temporary driving permit that is valid until a final order is issued.
FAILURE TO YIELD - 304.351
Currently, a person who causes physical injury or death to another person by failing to yield the right-of-way is subject to additional monetary penalties and driver's license suspensions. This act makes those penalties discretionary rather than mandatory. Under this act, the maximum penalty for a person who causes physical injury to a person by failing to yield the right-of-way is increased from $200 to $500. In the case of serious physical injury this act increases the maximum penalty from $500 to $1,000. This act increases the maximum penalty for a person who causes the death of another person by failing to yield the right-of-way from $1,000 to $2,500. In addition, the person who causes a fatality by failing to yield the right-of-way may be required to successfully complete a driver-improvement program.
This provision is identical to a provision of HCS/SCS/SB 804 (2016) and is similar to SB 917 (2016), HB 1813 (2016), SCS/SB 267 (2015), SB 696 (2014), HB 1149 (2014), SB 130 (2013), and SCS/SB 805 (2012).
MINORS AND ALCOHOL - 311.310 & SECTION B
Under current law, it is a Class B misdemeanor for a property owner to knowingly allow a person under the age of 21 to drink or possess intoxicating liquor or fail to stop a minor from drinking or possessing liquor. This act makes the offense a Class A misdemeanor. Any subsequent violation is a Class E felony.
This provision takes effect January 1, 2017.
This provision is identical to SB 614 (2016) and SCS/SB 30 (2015).
LAND/LEGAL DESCRIPTIONS - 327.272
The act specifies that provisions of law regarding the practice of land surveying do not preclude the practice of title insurance business or the practice of law.
This provision is identical to a provision in the truly agreed to and finally passed CCS/HCS/SB 833 (2016) and is similar to SB 828 (2016), HB 2034 (2016), and certain provisions contained in HB 2257 (2016) and HCS/HB 2332 (2016).
ELECTRONIC MONITORING WITH VICTIM NOTIFICATION - 455.095
This act provides that a court may place a person on electronic monitoring with victim notification if the person is charged with, or has been found guilty of, violating an order of protection.
Electronic monitoring with victim notification is defined as a monitoring system that can monitor the movement of a person and immediately transmit the person's location to the victim and local law enforcement when the person enters a certain area.
The court only may place a person on electronic monitoring with victim notification if the protected person has provided his or her informed consent. The phrase "informed consent" is defined under the act.
The person being monitored must pay the costs associated with the monitoring unless he or she is determined by the court to be indigent. If determined to be indigent, the court clerk must notify the Department of Corrections and send a bill for the monitoring costs to the department. The department must establish a procedure to determine the portion of costs the indigent person is able to pay and must seek reimbursement of such costs. This act gives the Department of Corrections rulemaking authority for this provision.
Under this act, an alert is probable cause to arrest the monitored person for a violation of a protective order.
This act requires the Department of Corrections, Department of Public Safety, Missouri State Highway Patrol, circuit courts, and local law enforcement agencies to share information obtained via the electronic monitoring.
This act provides immunity from liability to suppliers of the electronic monitoring system for certain injuries associated with the use of the system.
These provisions expire August 28, 2022.
These provisions are identical to SB 678 (2016) and are similar to SB 86 (2015) and SCS/SB 640 (2014).
COURT AUTOMATION FUND - 476.055
The act provides that any unexpended balance remaining in the Statewide Court Automation Fund shall be transferred to general revenue on September 1, 2023, rather than September 1, 2018, as provided in current law.
The act also adds the executive director of the Missouri Office of Prosecution Services and the director of the State Public Defender System as members of the Court Automation Committee. The court fee collected for the court automation fund shall expire on September 1, 2023, rather than September 1, 2018, and the Court Automation Committee must complete its duties by September 1, 2025, rather than September 1, 2020.
These provisions are identical to provisions contained in the truly agreed to and finally passed CCS/HCS/SB 735 (2016) and HCS/HB 2367 (2016).
CIRCUIT COURT MARSHAL - 476.083
The act allows the presiding judge of any circuit containing a diagnostic and reception center operated by the Department of Corrections and a mental health facility operated by the Department of Mental Health which houses certain persons specified in the act to appoint a circuit court marshal.
This provision is identical to SB 860 (2016), HB 1685 (2016), and the truly agreed to and finally passed CCS/HCS/SCS/SB 578 (2016), and substantially similar to SB 532 (2015), HB 1182 (2015), and provisions contained in SS/SCS/HB 799 (2015), CCS/HCS/SS/SCS/SB 67 (2015), and HB 473 (2015).
BASIC CIVIL LEGAL SERVICES FUND - 477.650
The act extends the expiration date for provisions regarding funding for the legal representation of low-income persons from December 31, 2018, to December 31, 2025.
These provisions are identical to provisions contained in the truly agreed to and finally passed CCS/HCS/SB 735 (2016) and HCS/HB 2367 (2016).
ARMED OFFENDER DOCKET PILOT PROJECT - 478.252
This act allows the sixth, seventh, sixteenth, and seventeenth judicial circuits to establish an Armed Offender Docket Pilot Project. The docket must have dedicated judges and other personnel for all matters of hearing, setting of bail, trial, sentencing, and supervision in all actions in which the highest level of charge is for one of several enumerated weapons-related offenses.
This act also allows the circuit court to impose a $30 surcharge on each criminal case assigned to the armed offender docket.
The circuit court must publish an annual public report in the operations of the docket.
The provisions of this section expire on December 31, 2022.
This provision is similar to HB 2236 (2016), provisions in HB 1995 (2016), HCS/SS#2/SCS/SBs 199, 417, & 42 (2015), and HCS/HB 1044 (2015).
ADDITIONAL CIRCUIT JUDGE POSITION - 478.330
This act provides that when an annual judicial performance report indicates for three consecutive years that a judicial circuit is in need of two or more full-time judicial positions then, subject to appropriations, there shall be one additional circuit judge position authorized in that circuit.
This provision is identical to a provision contained in SCS/HCS/HB 1759 (2016) and the truly agreed to and finally passed CCS/HCS/SCS/SB 578 (2016), and similar to a provision in SB 733 (2016).
26TH JUDICIAL CIRCUIT - 478.705
The act also adds a circuit court judge to the Twenty-Sixth Judicial Circuit. The judge shall be elected in 2020, and until such time the Governor shall appoint someone to serve as judge.
This provision is identical to provisions in the truly agreed to and finally passed CCS/HCS/SCS/SB 578 (2016) and HCS/SB 676 (2016) and similar to a provision in SCS/HCS/HB 1759 (2016).
RECORDS OF CHILD VICTIMS OF SEX OFFENSES - 510.035, 545.950, & 595.226
Under this act, any visual or aural recordings or photographs of a minor, if that minor is alleged to be a victim of a sexual offense, created by or in the possession of a child assessment center, health care provider, or multidisciplinary team, shall not be copied or distributed to any individual or entity except as specifically provided in the act or as required by Supreme Court rule or a court order. The following persons or entities may access or share any copies of recordings or photographs for the following reasons: (1) Members of a multidisciplinary team for investigatory and related purposes; (2) Department of Social Services employees and their legal counsel for the provision of child protection and for administrative proceedings; (3) Department of Mental Health employees and their legal counsel for investigatory purposes and administrative proceedings; (4) the Office of the Child Advocate for reviews; (5) the Child Abuse and Neglect Review Board for reviews; and (6) the Attorney General as part of a legal proceeding.
If a court orders the copying or distribution of the recordings or photographs, the order shall limit the use of such recordings or photographs, prohibit further copying, and either require the return of the copies upon final disposition of the case or an affidavit certifying the destruction of such copies. In a criminal proceeding, the defendant's attorney, investigator, consulting legal counsel, or other agent shall not copy or distribute to a third party any recordings or photographs unless a court orders the copying or distribution upon a showing of good cause, notice and a hearing, and consideration of the safety and privacy interests of any victim. The defendant's attorney, investigator, consulting legal counsel, or other agent may allow a defendant, witness, or prospective witness to view such recordings or photographs, but shall not allow such person to have any copies.
Under current law, any information contained in any court record that could be used to identify or locate a victim of a sexual offense, domestic assault, or stalking is closed and redacted from such record prior to disclosure to the public. This act includes visual or aural recordings, including unobstructed visual images of the victim's face or body, in the information to be closed and redacted.
These provisions are substantially similar to SCS/SB 971 (2016), the truly agreed to and finally passed HCS/HB 1562 (2016), and HCS/HB 2202 (2016).
LESSER-INCLUDED OFFENSES - 556.046
Under current law, the court is not be obligated to instruct the jury on an included offense unless there is a basis for a verdict acquitting the person of the offense charged and convicting the person of the included offense.
The court is obligated to instruct the jury with respect to a particular included offense only if there is a basis in the evidence for acquitting the person of the immediately higher included offense and there is a basis in the evidence for convicting the person of that particular included offense.
This act adds the word "rational" before the word "basis" in the provisions regarding when the court is and is not obligated to provide instructions on included offenses.
In addition, this act specifies that it is intended to abrogate certain case law and apply retroactively.
This provision is identical to SB 929 (2016) and HB 1990 (2016).
FELONY CLASSIFICATIONS FOR OFFENSES OUTSIDE THE CODE - 557.021
Currently, for offenses outside the criminal code, if the felony is for a maximum term of imprisonment of less than ten years, it shall be considered a Class D felony and if the maximum term is four years, it shall be considered a Class E felony. This act provides that to be considered a Class D felony, the maximum term shall exceed four years but be less than years and maximum term to be considered a Class E felony shall four years or less.
These provisions are identical to the truly agreed to and finally passed SS/SCS/HCS/HB 2332 (2016).
SELF DEFENSE - 563.031
Under current law, a person who owns or leases private property may use deadly force in self defense or defense of others against a person who unlawfully enters or attempts to unlawfully enter the property.
This act provides that deadly force may also be used by a person who occupies private property pursuant to specific authority of the property owner to occupy the property.
This provision is identical to a provision of the truly agreed to and finally passed CCS/HCS/SB 656 (2016), HCS/HB 2057 (2016), HB 122 (2015), HCS/SS#2/SCS/SBs 199, 417, & 42 (2015), HB 2126 (2014), and is similar to a provision of SS/HCS/HB 1539 (2014) and HB 1591 (2014).
LAW ENFORCEMENT USE OF FORCE - 563.046
Current law provides that the use of physical force when making an arrest is not justified unless the arrest is lawful or the officer reasonably believes the arrest is lawful. This act adds a provision stating that the use of force when making an arrest is also not justified unless the amount of force used was objectively reasonable in light of the totality of the facts and circumstances confronting the officer, regardless of the officer's intent or motivation.
Under current law, a law enforcement officer may use deadly force when he or she reasonably believes the force is immediately necessary to effect an arrest and reasonably believes the suspect has committed or attempted to commit a felony, is attempting to escape by use of a deadly weapon, or may otherwise endanger life or seriously injure another person.
This act allows a law enforcement officer to use deadly force when effecting an arrest or preventing an escape from custody if the officer reasonably believes the force is immediately necessary to make the arrest or prevent the escape and reasonably believes the person has committed or attempted to commit a felony involving the infliction or threatened infliction of serious physical injury, is attempting to escape by use of a deadly weapon or dangerous instrument, or may otherwise pose a threat of serious physical injury to the officer or others unless arrested without delay.
This provision contains an emergency clause.
This provision is similar to a provision of the truly agreed to and finally passed SS/SCS/HCS/HB 2332 (2016), SCS/SBs 661, 726 & 741 (2016), SB 741 (2016) and the perfected version of SS/SCS/SBs 199, 417, & 42 (2015).
FIRST DEGREE MURDER - 565.030 - 565.040
This act repeals obsolete provisions stating that certain trials are to proceed in a single stage. Other technical changes were made in this act to make the provisions align with amendments to the criminal code in SB 491 (2014).
These provisions are identical to provisions of the truly agreed to and finally passed HCS/SS#2/SCS/SB 590 (2016), the truly agreed to and finally passed SS/SCS/HCS/HB 2332 (2016), HCS/HB 1995 (2016), HB 2084 (2016), SB 200 (2015) and are similar to SB 790 (2014), SB 491 (2014), SB 377 (2013), SB 253 (2013), and SB 872 (2012).
STALKING - 565.225
This act adds the act of knowingly accessing, or attempting to access, the address of a participant of the address confidentiality program administered by the Secretary of State to the elements of aggravated stalking.
Beginning in 2017, as a result of SB 491 (2014), aggravated stalking will be known as stalking in the first degree. This act also adds the act of knowingly accessing, or attempting to access, the address of a participant of the address confidentiality program to the elements of first degree stalking.
This provision is identical to SB 886 (2016), a provision of the truly agreed to and finally passed HCS/HB 1562 (2016), and SS/SCS/SBs 112, 212, 143, & 234 (2015) and is similar to SB 710 (2014).
SEX TRAFFICKING - 566.209, 566.210, 566.211, 566.212, & 566.213
Under current law, a person commits trafficking for the purposes of sexual exploitation if he or she knowingly recruits, entices, harbors, transports, provides, or obtains another person for sexual conduct, a sexual performance, or the production of explicit sexual material without his or her consent. This act adds, as an element to the crime, advertising the availability of another person for sexual conduct or a commercial sex act without his or her consent.
Under current law, a person commits sexual trafficking of a child by knowingly recruiting, enticing, harboring, transporting, providing, or obtaining a child to participate in a commercial sex act, a sexual performance, or the production of sexually explicit material. This act adds, as an element of sexual trafficking of a child, advertising the availability of a child to participate in a commercial sex act, a sexual performance, or the production of explicit sexual material.
These provisions are identical to the truly agreed to and finally passed HCS/HB 1562 (2016), HCS/SCS/SB 804 (2016) and are similar to SCS/HB 152 (2015).
CRIMINAL NONSUPPORT - 568.040
This act removes a reference to the issue of good cause from a provision providing that the defendant has the burden of injecting certain issues.
This provision is identical to a provision of the truly agreed to and finally passed SS/SCS/HCS/HB 2332 (2016).
SECOND DEGREE TAMPERING - 569.090
This act updates an intersectional reference to the stealing statute, which was reconfigured under the 2014 Criminal Code revision.
This provision is identical to a provision of the truly agreed to and finally passed SS/SCS/HCS/HB 2332 (2016).
PROHIBITED ACTS INVOLVING CROPS - 569.132 & 578.416
This act modifies the offense of prohibited acts involving crops by adding the acts of intentionally contaminating and weakening property in or on land on which a crop is located.
UNLAWFUL USE OF WEAPONS - 571.030
Current law exempts people in certain types of professions from provisions criminalizing unlawful uses of weapons. This act adds municipal, associate circuit, and circuit judges to the list of persons who are exempt.
This provision is identical to a provision of HB 1819 (2016), HCS/HB 2057 (2016), and the truly agreed to and finally passed CCS/HCS/SB 656 (2016).
CONCEALED CARRY PERMIT TRAINING - 571.111
This act allows an alternate method of certification with regard to training requirements for concealed carry applicants.
This provision is identical to a provision of the truly agreed to and finally passed CCS/HCS/SB 656 (2016), HCS/HB 2057 (2016), HB 1819 (2016), HCS/HB 122 (2015), and HB 1121 (2015).
OFFENSE OF PEACE DISTURBANCE - 574.010
A person does not commit the offense of peace disturbance if the loud noise or noxious odor arises from the raising and keeping of livestock or the planting, care, and harvesting or crops and hay.
This provision is identical to HB 2368 (2016) and substantially similar to provisions contained in HCS/HB 1632 (2016).
INTOXICATION-RELATED BOATING AND TRAFFIC OFFENSES - 577.001, 577.010, 577.011, 577.012, & 577.013
This act provides that a person is an "aggravated boating offender" if he or she has been found guilty of two or more intoxication-related boating offenses committed on separate occasions when at least one of the incidents involved the defendant injuring or killing another person while operating a vessel while intoxicated.
In addition, this act reinserts county and municipal ordinance violations of driving under the influence of alcohol or drugs into the definition of "intoxication-related traffic offense". Such municipal and county ordinance violations are included in the definition under current law, but not in the Revised Code.
The definition of "persistent offender" was also modified under the act to include a person who has been found guilty of one intoxication-related traffic offense in which the defendant was operating a vehicle while intoxicated and another person was injured or killed. Similar changes were made to the definition of "persistent boating offender".
These provisions are identical to the truly agreed to and finally passed SS/SCS/HCS/HB 2332 (2016) and are similar to provisions of SS/SCS/SBs 112, 212, 143, & 234 (2015).
Under this act, a person who has been found guilty of driving while intoxicated must complete a victim impact program approved by the court. The person is responsible for any charges imposed by the program.
This provision is identical to SB 890 (2016) and is substantially similar to HB 1436 (2016).
This act specifies that habitual offenders of intoxication-related traffic and boating offenses must serve two years in prison before being eligible for probation.
This provision is identical to a provision the truly agreed to and finally passed SS/SCS/HCS/HB 2332 (2016).
OFFENSE OF LEAVING THE SCENE OF AN ACCIDENT - 577.060
Currently, leaving the scene of an accident is a Class D felony if physical injury was caused to another party. Beginning in 2017, when the revisions to the Criminal Code take effect, the penalty is a Class E felony.
Under this act, it is a class C felony if the accident resulted in death, and, beginning in 2017, it will be a Class D felony if the accident resulted in death.
This provision is identical to a provision of the truly agreed to and finally passed SS/HB 1733 (2016), HCS/SCS/SB 804 (2016), and HB 2551 (2016).
This act also provides that the offense of leaving the scene of an accident is a Class E felony beginning January 1, 2017 if the defendant has previously been found guilty of the same offense.
This provision is identical to a provision of the truly agreed to and finally passed SS/SCS/HCS/HB 2332 (2016).
ANIMAL OR LIVESTOCK TRESPASS - 578.005 - 578.040
Currently, the crime of animal trespass is defined as a person having ownership of an animal who fails to provide adequate control of the animal for a period of 12 hours or more.
Under this act, a person commits the offense of animal or livestock trespass by either failing to provide adequate control of any animal except livestock when the animal trespasses on another person's property or failing to provide adequate control of livestock for a period of 12 hours or more when the livestock trespasses on another person's property.
In addition, this act removes the maximum fines that may be charged for animal or livestock trespass, which potentially conflict with another provision of law setting the maximum fines for infractions and Class C misdemeanors. This act repeals a provision stating that reasonable costs for the care and maintenance of trespassing animals may not be waived.
These provisions are identical to SB 721 (2016), HB 1730 (2016), and provisions of HCS/SCS/SB 804 (2016), and SS/SCS/SBs 112, 212, 143, & 234 (2015).
LAW ENFORCEMENT DOGS - 578.007 & 578.022
Under current law, the killing of an animal that is not on its owner's property when the animal is injuring a person or farm animal is exempt from the animal abuse statute. The exemption specifies that it does not apply to police or guard dogs while working. This act replaces the reference to "police or guard dogs" with a reference to "law enforcement officer dog" and provides that the exemption does not include the killing or injuring of such dogs.
In addition, current law exempts law enforcement dogs that bite in the course of their official duties from certain criminal and civil liabilities. This act specifies that injuries caused by such dogs are also exempt from liability and adds a reference to the offense of animal abuse to the list of liabilities that do not apply to police dogs.
These provisions are identical to provisions of HCS/SCS/SB 804 (2016).
MARIJUANA POSSESSION - 579.015
Beginning in 2017, the possession of more than 10 grams but less than 36 grams of marijuana or synthetic cannabinoid is a Class A misdemeanor. This act provides that more than 10 grams but 35 grams or less of marijuana or synthetic cannabinoid is a Class A misdemeanor.
This provision is identical to a provision of the truly agreed to and finally passed SS/SCS/HCS/HB 2332 (2016).
VICTIMS' RIGHTS - 595.209
Under current law, victims of certain specified crimes automatically have certain enumerated rights. Victims of other types of crimes have the same rights upon written request. This act adds victims of sexual offenses and victims of domestic assault to the list of crime victims who automatically have the enumerated rights.
This provision is identical to a provision of the truly agreed to and finally passed CCS/SCS/SB 921 (2016) and is substantially similar to a provision in SCS/HCS/HB 2561 (2016) and HB 2133 (2016).
PUBLIC DEFENDERS - 600.042, 600.090, & 600.101
Under current law, the director of the State Public Defender System must implement a plan to establish district offices that align with judicial circuit boundaries by December 31, 2018. This act extends the date of implementation to December 31, 2021.
Current law allows the director of the Missouri State Public Defender System to delegate the legal representation of any person to any licensed attorney. This act specifies that the director can delegate the legal representation of people who are eligible for representation by the Public Defender System.
In addition, current law allows unexpended funds of up to $150,000 to remain in the Legal Defense and Defender Fund at the end of the fiscal year. This act removes the cap, so all unexpended money remains in the fund.
These provisions are identical to provisions of SB 705 (2016), the truly agreed to and finally passed CCS/HCS/SB 735 (2016), and SCS/SB 91 (2015).
This act repeals a provision requiring the Commission on Judicial Resources to report to certain Senate and House committees regarding office space for public defenders.
This provision is identical to the truly agreed to and finally passed CCS/HCS/SB 735 (2016) and a provision of SCS/SB 91 (2015).
MOBILE VIDEO RECORDINGS - 610.026 & 610.100
This act modifies provisions relating to the Sunshine Law. Currently, allowable fees for providing public records includes research time for fulfilling requests. This act includes time spent reviewing records to determine whether or not the records are closed or authorized to be closed. A public body may waive or reduce fees if such waiver or reduction is in the public interest because the applicable fees are minimal and should be waived for administrative efficiency. Payment of copying, search, research and duplication fees may be requested prior to the making of copies or production of records.
Mobile video recordings from a law enforcement vehicle or a device carried by a law enforcement officer that includes a camera and recording capability are considered a closed record until the investigation becomes inactive. A mobile video recording in a nonpublic location may be closed, except that any person depicted in the recording or certain other persons may obtain a complete, unaltered and unedited copy of the recording.
The act adds legal guardians or parents of a minor as being able to obtain closed investigative or mobile video records in the same way that any person could obtain such records.
Any person may bring an action to authorize disclosure of a mobile video recording and the court may order that all or part of the recording be released to the person. In making its determination on release, the court shall consider factors outlined in the act, including the benefit to the public as opposed to the harm to the public, to the law enforcement agency or its officers, or to any person identified in the recording. The mobile video recording may be examined by the court in its chambers. If disclosure of either a mobile video recording or an investigative report is authorized, the court may make any order that justice requires and set forth conditions for or limitations on the disclosure as authorized in the act.
The act provides that any person who requests and receives a mobile video recording that was recorded in a nonpublic location is prohibited from displaying or disclosing the recording without first affording any non-law enforcement person whose image or sound is contained in the recording the opportunity to seek a court order enjoining all or some of the display or disclosure. Any person who fails to comply with this provision is subject to damages in a civil action.
These provisions are identical to provisions of SB 1061 (2016), the truly agreed to and finally passed CCS/HCS/SCS/SB 765 (2016), and the truly agreed to and finally passed SCS/HB 1936 (2016) and are similar to the truly agreed to and finally passed CCS/HCS/SS/SB 732 (2016).
CRIME SCENE PHOTOS - 610.205
The act inserts new provisions to the Sunshine Law relating to crime scene photographs and video recordings. Under this provision, certain crime scene photographs or video recordings, including those produced by a state or local agency or by a perpetrator or suspect at a crime scene, shall be considered closed records and not subject to disclosure under the open meetings and records law, commonly known as the sunshine law. The provisions of this amendment shall not prohibit disclosure of the material to the deceased's next of kin or to an individual who has secured a written release from the next of kin.
In closed criminal investigations, a court may order the disclosure of such photographs or video recordings upon findings that the disclosure is in the public interest and outweighs any privacy interest that may be asserted by the deceased's next of kin. Prior to releasing any crime scene material, the custodian must give the deceased's next of kin at least two weeks' notice, which cannot be shortened by a court. This amendment shall apply to all undisclosed material in the custody of a state or local agency on or after the effective date of the amendment. This amendment shall not apply to disclosure of such material to an attorney representing a defendant in a habeas corpus action or other post-conviction motion. Such an attorney may share the material with the client or any expert or investigator, but shall not further disseminate the material.
The director of the Department of Public Safety must establish rules governing the viewing of the materials by the press.
This provision is similar to a provision of the truly agreed to and finally passed CCS/HCS/SS/SB 732 (2016), HB 2618 (2016), SB 1079 (2016), HB 1127 (2015), and HB 883 (2011).
INDIVIDUALS LATER DETERMINED TO BE INNOCENT - 650.058
The act modifies the definition of "actually innocent" for an individual who was found guilty of a felony and later determined innocent and qualifies for payments of restitution. Currently, to be considered actually innocent the individual must have not been serving any term of a sentence for any other crime concurrently with the sentence for which he or she is determined innocent, unless the concurrent sentence was due to parole revocation in connection with the crime for which the person has been exonerated. The act adds that when a court's stated reason for revocation is the conviction for the crime for which the person is later determined to be innocent such order shall be conclusive evidence that the parole was revoked in connection with the crime for which the person has been exonerated, regardless of any other basis which may exist for the revocation.
This provision is identical to a provision of the truly agreed to and finally passed SS/HCS/HB 1765 (2016) and HB 2585 (2016).
MEGHAN LUECKE
HA 1 - CLARIFIES A PROVISION DEALING WITH THE AUTHORITY OF SHERIFFS TO ASSIST THROUGHOUT THE STATE, REMOVES A PROVISION REGARDING FEES FOR OPEN RECORDS REQUESTS, MODIFIES A RULEMAKING REQUIREMENT GOVERNING THE VIEWING OF CRIME SCENE RECORDS, AND MAKES NON-SUBSTANTIVE TECHNICAL CHANGES.
HA 2 - ALLOWS THE CHIEF OF THE KANSAS CITY POLICE TO APPOINT A HOMELAND SECURITY LIEUTENANT COLONEL AND ALLOWS FOR THE REIMBURSEMENT OF MENTAL HEALTH PRACTITIONERS FROM THE CRIME VICTIMS' COMPENSATION FUND.
HA 3 - CONTAINS PROVISIONS RELATING TO THE FILING OF FINANCING STATEMENTS, NOTARIES, EVIDENCE OF INTOXICATION-RELATED OFFENSES, AND ELECTRONIC NOTARIZATION, MODIFIES A PROVISION RELATING TO USE OF FORCE BY LAW ENFORCEMENT OFFICERS, AND CREATES THE CRIME OF FILING FALSE DOCUMENTS.
HA 4 - PROVIDES THAT A PERSON DOES NOT HAVE A DUTY TO RETREAT FROM ANY PLACE SUCH PERSON WHO IS NOT ENGAGED IN AN UNLAWFUL ACTIVITY HAS A RIGHT TO BE.
HA 1 TO HA 4 - REMOVES A PROVISION FROM THE ACT REGARDING REQUIRED WARNINGS GIVEN TO JUVENILES PRIOR TO CUSTODIAL INTERROGATIONS.