SB 479 - This act modifies various provisions relating to criminal offenses. CONTROLLED SUBSTANCES (Sections 488.029 and 513.605)
The act applies a surcharge of $150 for all criminal cases for any violation of chapter 579 relating to controlled substances. Furthermore, the definition of "criminal activity" is modified for purposes of the Criminal Activity Forfeiture Act to include the commission, attempted commission, conspiracy to commit, or the solicitation, coercion or intimidation of another person to commit any crime which is chargeable by indictment or information under Chapter 579, as it relates to drug regulations.
INCLUDED OFFENSES (Section 556.046)
The act provides that a court shall be obligated to charge the jury with respect to an included offense only if:
• The offense is established by proof of the same or less than all the elements required to establish the commission of the charged offense;
• There is a rational basis in the evidence for a verdict acquitting the person of the offense charged and convicting him or her of the included offense; and
• Either party requests the court to charge the jury with respect to a specific included offense.
Failure of the defendant or defense counsel to request the court to charge the jury with respect to a specific included offense shall not be a basis for plain-error review on direct appeal or for post-conviction relief. It shall be the trial court's duty to determine if a rational basis in the evidence for a verdict exists.
DANGEROUS FELONIES (Section 556.061)
The act modifies the definition of "dangerous felony" to include an "intoxication-related traffic offense" or "intoxication-related boating offense" if the person is found guilty of or pleads guilty to certain Class A or B felonies.
NEGLECT OF A CHILD (Section 559.115.8)
The act provides that probation may not be granted in the case of neglect of a child when classified as a Class A felony.
SEXUAL CONTACT - GENERALLY (Section 566.010)
The act modifies the definition of "sexual contact" for purposes of chapters of law relating to offenses against the family and sexual crimes to include causing semen, seminal fluid, or other ejaculate to come into contact with another person.
SEXUAL CONTACT WITH A STUDENT (Section 566.086)
The act modifies the offense of sexual contact with a student to include sexual contact with a student of a school by a coach, assistant coach, director, or other adult with a school-aged team, club, or ensemble, regardless of whether such team, club, or ensemble is connected to a school or scholastic association.
SEXUAL OFFENDERS (Sections 566.123 and 566.124)
The act modifies provisions relating to penalties for certain sexual offenders. Specifically, a court is required to sentence a person to life in prison without eligibility for parole if it finds, as stipulated in the act, that the defendant is a predatory sexual offender. In no event shall a person found to be a predatory sexual offender receive a final discharge from parole. This penalty shall be in addition to any penalty imposed for the underlying offense.
Furthermore, no court shall suspend the imposition of sentence as to a prior or persistent sexual offender under this section nor sentence such person to pay a fine in lieu of a term of imprisonment nor shall such person be eligible for parole or probation until such person has served a minimum of three years' imprisonment.
The act provides procedures for the conduct of a trial in such situations.
UNLAWFUL POSSESSION OF A FIREARM (Section 571.070)
The act modifies the offense of unlawful possession of a firearm to include any person who is a fugitive from justice in another jurisdiction or for whom a warrant for arrest has been issued in this state or any other state, territory, foreign country, or by a federal court who has absconded from any probation or parole supervision.
OFFENSE OF RESISTING CUSTODY (Section 575.150)
The act modifies the offense of resisting arrest to include resisting, interfering with, or escaping or attempting to escape from detention or custody. The offense specifically applies to being held in custody for any offense, infraction, or ordinance violation.
The act further provides that resisting custody shall be punished as a Class A felony, rather than a Class E felony if the person is escaping or attempting to escape while in custody or under arrest for a felony by means of a deadly weapon or dangerous instrument, or by holding any person hostage.
This act is identical to HB 1065 (2019).
CHARLEY MERRIWEATHER