OFFENSE OF UNLAWFUL USE OF UNMANNED AIRCRAFT OVER A CORRECTIONAL CENTER (SECTION 217.850)

Under this act, a person commits the offense of unlawful use of unmanned aircraft over a correctional center if he or she purposely:

• Operates an unmanned aircraft within a vertical distance of 400 feet over a correctional center's secure perimeter fence; or

• Allows an unmanned aircraft to make contact with a correctional center, including any person or object on the premises of or within the facility.

The act sets forth exceptions to when use of an unmanned aircraft over a correctional center shall not be prohibited.

The offense of unlawful use of an unmanned aircraft over a correctional center is punishable as an infraction unless the person using the unmanned aircraft is:

• Delivering a gun, knife, weapon, or other article that can be used to endanger the life of an offender or correctional center employee, in which case the offense is a class B felony;

• Facilitating an escape from confinement, in which case the offense is a Class C felony; or

• Delivering a controlled substance, in which case the offense is a Class D felony.

These provisions are identical to HCS/SS/SB 600 (2020) and SB 778 (2020).

HEARSAY EVIDENCE (SECTION 491.016)

This act provides that a statement made by a witness, which would otherwise not be admissible, is admissible as substantive evidence when the court finds that a defendant engaged in wrongdoing with the purpose of preventing the witness from testifying in any proceeding and the witness fails to appear.

These provisions are identical to HCS/SS/SB 600 (2020) and HCS/HB 1964 (2020).

PRETRIAL WITNESS PROTECTION SERVICES FUND (Section 491.641)

This act creates the "Pretrial Witness Protection Services Fund.” Under this act, the Department of Public Safety may disburse money from the Pretrial Witness Protection Services Fund to law enforcement agencies for the purposes of providing for the security of witnesses, potential witnesses, and their immediate families in criminal proceedings or investigations. Funds shall be subject to appropriations from the General Assembly.

A law enforcement agency must submit an application to the Department of Public Safety which shall include, but is not limited to, the following information:

• A statement of conditions which qualify persons for protection;

• Precise methods the agency will use to provide protection; and

• A statement of projected costs over a specified period of time.

These provisions are identical to HCS/SS/SB 600 (2020) and SCS/SB 857 (2020).

DETENTION AFTER ARREST WITHOUT A WARRANT (Section 544.170)

Under current law, all persons arrested and confined in any jail, without warrant or other process, for any alleged breach of the peace or other criminal offense, shall be discharged from custody within 24 hours from the time of arrest, unless they are charged with a criminal offense.

This act changes the period of detention on arrest without a warrant to 48 hours if a person is arrested for a criminal offense involving a dangerous felony or deadly weapon.

These provisions are identical to HCS/SS/SB 600 (2020) and SCS/SB 520 (2020).

OFFENSE OF CONSPIRACY (Sections 545.140, 557.021, and 562.014)

Under this act, if two or more defendants are charged with being joint participants in a conspiracy, it is presumed there is no substantial prejudice in charging both defendants in the same indictment or being tried together.

Under current law, guilt for an offense may be based upon a conspiracy to commit an offense when a person, with the purpose of promoting the commission of the offense, agrees with another person that they will engage in conduct to commit the offense. A person cannot be convicted of an offense based upon a conspiracy to commit the offense unless he or she committed an overt act.

This act modifies provisions regarding conspiracy to create the offense of conspiracy if a person agrees, with one or more persons, to commit any Class A, B, or C felonies, or any unclassified felonies that exceed 10 years of imprisonment, and one or more persons do any act in furtherance of the agreement. The offense of conspiracy to commit an offense is a Class C felony.

Additionally, this act repeals the provisions barring a person from being charged, convicted, or sentenced for both the offense of conspiracy and the actual offense.

These provisions are identical to HCS/SS/SB 600 (2020).

CHANGE OF VENUE FOR CAPITAL CASES FUND (SECTION 550.125)

This act creates the "Change of Venue for Capital Cases Fund" which shall consist of funds appropriated by the General Assembly. In a capital case in which a change of venue moves the case from one county to another, the county which receives the transferred case may apply to the Office of State Courts Administrator for reimbursement from the change of venue for any costs associated with the sequestering of jurors. Additionally, in the event that the amount disbursed is less than the costs of sequestering the jurors, the original county shall reimburse the difference to the county to which the case was transferred.

These provisions are identical to HCS/HB 1331 (2020).

DEFINITION OF DANGEROUS FELONY (Section 556.061)

This act adds to the definition of "dangerous felony” the offense of armed criminal action, the offense of conspiracy to commit an offense when the offense is a dangerous felony, and the offense of vehicle hijacking when punished as a Class A felony.

This provision is identical to HCS/SS/SB 600 (2020).

OFFENSES NOT ELIGIBLE FOR PROBATION (Section 557.045)

This act provides that any person found guilty of, or pleading guilty to: the offense of second degree murder when the person knowingly causes the death of another person or, with the purpose of causing serious physical injury to another person, causes the death of another person; any dangerous felony involving a deadly weapon; or any dangerous felony where the person has been previously found guilty of a Class A or B felony or a dangerous felony shall not be eligible for probation, suspended imposition or execution of sentence, or a conditional release term, and shall be sentenced to a term of imprisonment.

These provisions are identical to HCS/SS/SB 600 (2020).

OFFENSE OF VEHICLE HIJACKING (Section 570.027)

This act creates the offense of vehicle hijacking, which is committed when an individual knowingly uses or threatens the use of physical force upon another individual to seize or attempt to seize possession or control of a vehicle. This offense is punished as a class B felony unless one of the aggravating circumstances listed in the act was present during the commission of the offense, in which case it is punished as a Class A felony.

These provisions are identical to SS/SB 600 (2020) and SB 561 (2020) and similar to SB 433 (2019) and SB 459 (2019).

OFFENSE OF ARMED CRIMINAL ACTION (Section 571.015)

Under current law, a person who commits the offense of armed criminal action is subject to a term of imprisonment of not less then 3 years for the first offense, 5 years for the second offense, and 10 years for any subsequent offense, in addition to any punishment for the crime committed by, with, or through the use of a deadly weapon.

This act changes the prison term for this offense to 3 to 15 years for the first offense, 5 to 30 years for the second offense, and at least 10 years for any subsequent offense. These prison terms shall be served in addition to any punishment for the crime committed with the use of a deadly weapon.

Additionally, this act provides that if the person convicted of armed criminal action is unlawfully possessing a firearm, the minimum prison term for the first offense is 5 years, the second offense is 10 years, and the third offense is 15 years.

No person convicted for the offense of armed criminal action shall be eligible for parole, probation, conditional release or suspended imposition or execution of sentence for the minimum period of imprisonment.

These provisions are identical to HCS/SS/SB 600 (2020) and similar to SB 601 (2020) and HB 1453 (2020).

UNLAWFUL POSSESSION OF A FIREARM (Section 571.070)

Under current law, the offense of unlawful possession of a firearm is a Class D felony. This act increases the penalty for unlawful possession of a firearm by a person convicted of a dangerous felony to a Class C felony.

These provisions are identical to HCS/SS/SB 600 (2020) and similar to SB 538 (2020).

OFFENSE OF UNLAWFUL USE OF UNMANNED AIRCRAFT OVER AN OPEN AIR FACILITY (SECTION 577.800)

A person commits the offense of unlawful use of unmanned aircraft over an open air facility if he or she:

• Operates an unmanned aircraft within a vertical distance of 400 feet from the ground and within the property line of an open air facility; or

• Uses an unmanned aircraft with the purpose of delivering to a person within an open air facility a gun, knife, weapon, or other dangerous article or a controlled substance.

The act sets forth exceptions to when use of an unmanned aircraft over an open air facility shall not be prohibited.

The offense of unlawful use of an unmanned aircraft over an open air facility is punishable as an infraction unless the person using the unmanned aircraft is:

• Delivering a gun, knife, weapon, or other article that can be used to endanger the life of an employee or guest at such a facility, in which case the offense is a Class B felony; or

• Delivering a controlled substance, in which case the offense is a Class D felony.

These provisions are substantially similar to HCS/SS/SB 600 (2020) and SB 778 (2020).

THE OFFENSE OF TRAFFICKING DRUGS IN THE FIRST DEGREE (Section 579.065)

This act adds to the offense of trafficking drugs in the first degree knowingly distributing, delivering, manufacturing, or producing or attempting to distribute, deliver, manufacture, or produce more than 10 milligrams of fentanyl or any derivative thereof, or any mixture or substance containing a detectable amount of fentanyl. If the violation involves 20 milligrams or more of fentanyl or any derivative thereof, or any mixture or substance containing 20 milligrams or more of fentanyl, it is a Class A felony. If it involves more than 10 milligrams, it is a Class B felony.

Additionally, one gram or more of flunitrazepam (Rohypnol) or any amount of gamma-hydroxybutyric acid (GHB) is a Class B felony for the first offense and a Class A felony for the second or subsequent offense.

These provisions are substantially similar to HCS/SS/SB 600 (2020) and SS #2/HB 1693 (2020).

THE OFFENSE OF TRAFFICKING DRUGS IN THE SECOND DEGREE (Section 579.068)

This act adds to the offense of trafficking drugs in the second degree knowingly possessing or having under one's control, purchasing or attempting to purchase, or bringing into the state more than 10 milligrams of fentanyl or any derivative thereof, or any mixture or substance containing a detectable amount of fentanyl. If the violation involves 20 milligrams or more of fentanyl or any derivative thereof, or any mixture or substance containing 20 milligrams or more of fentanyl, it is a Class B felony. If it involves more than 10 milligrams, it is a Class C felony.

Additionally, the offense is a class C felony for the first offense and Class B felony for the second or subsequent offense for the trafficking of less than one gram of flunitrazepam (Rohypnol).

These provisions are substantially similar to HCS/SS/SB 600 (2020) and SS #2/HB 1693 (2020).

OFFENSE OF UNLAWFUL USE OF UNMANNED AIRCRAFT OVER A MENTAL HEALTH HOSPITAL (SECTION 632.460)

A person commits the offense of unlawful use of unmanned aircraft over a mental health hospital if he or she purposely;

• Operates an unmanned aircraft within a vertical distance of 400 feet over the mental health hospital's property line; or

• Uses an unmanned aircraft to deliver to a person confined in a mental health hospital a gun, knife, weapon, or other dangerous article or a controlled substance.

The act sets forth exceptions to when use of an unmanned aircraft over a mental health hospital shall not be prohibited.

The offense of unlawful use of an unmanned aircraft over a mental health hospital is punishable as an infraction unless the person using the unmanned aircraft is:

• Delivering a gun, knife, weapon, or other article that can be used to endanger the life of a patient or mental health center employee, in which case the offense is a Class B felony;

• Facilitating an escape from confinement, in which case the offense is a Class C felony; or

• Delivering a controlled substance, in which case the offense is a Class D felony.

These provisions are identical to HCS/SS/SB 600 (2020) and SB 778 (2020) and similar to SB 194 (2019).

MARY GRACE BRUNTRAGER