SB 695
Modifies provisions relating to public safety
Sponsor:
LR Number:
2712S.01I
Last Action:
4/6/2023 - Second Read and Referred S Judiciary and Civil and Criminal Jurisprudence Committee
Journal Page:
Title:
Effective Date:
August 28, 2023

Current Bill Summary

SB 695 - This act creates and modifies provisions relating to public safety.

SPECIAL PROSECUTORS (Section 56.601)

This act provides that if the Governor determines that a threat to public safety and health exists in a jurisdiction that has a certain number of homicide cases as provided in the act, he or she may appoint a special prosecutor for that jurisdiction for a period of up to 5 years. The special prosecutor is not required to reside in the jurisdiction to which he or she was appointed.

Such special prosecutor shall have exclusive jurisdiction to initiate prosecutions for the offenses of murder in the first and second degree, assault in the first and second degree, robbery in the first or second degree, and vehicle hijacking. The special prosecutor shall also have exclusive jurisdiction over all other charges stemming from the same criminal event as the initial offense.

This act also provides that such special prosecutor shall have the same salary as a circuit court judge and has the authority to hire additional special prosecuting attorneys and staff which shall be funded by the General Revenue fund.

Finally, the Governor may continue to appoint such special prosecutor for additional 5 year terms, as provided in the act.

This provision contains an emergency clause.

This provision is identical to a provision in SCS/HCS/HB 301 (2023) and similar to SB 575 (2023) and SB 651 (2023).

PERSONAL DOCUMENTATION OF AN OFFENDER (Section 217.830)

This act provides that the Department of Corrections shall develop a policy outlining how offenders may apply for Medicaid, a birth certificate, Social Security card, and state identification prior to release. The Department shall assist offenders in obtaining these documents prior to release. Additionally, any educational or special training certificate shall be provided to the offender at the time of release.

This provision is identical to a provision in SCS/HCS/HB 301 (2023).

BAIL (Section 544.453)

When a judge or judicial officer sets bail or conditions of release in all courts in Missouri for any offense charged, he or she shall consider whether:

• A defendant poses a danger to a victim of crime, the community, any witness to the crime, or to any other person;

• A defendant is a flight risk;

• A defendant has committed a violent misdemeanor offense, sexual offense, or felony offense in this state or any other state in the last 5 years; and

• A defendant has failed to appear in court as a required condition of probation or parole for a violent misdemeanor or felony within the last 3 years.

These provisions are identical to provisions in the truly agreed to and finally passed CCS/HCS/SB 186 (2023) and SS/SCS/HCS/HB 301 (2023) and to HB 52 (2023) and SB 1093 (2023) and to provisions in SCS/HB 2088, et al (2022), SCS/HB 2697, et al (2022), and HCS/HB 2246 (2022) and similar to SB 888 (2022) and SB 487 (2021).

MINIMUM PRISON TERMS (Sections 558.019)

This act repeals provisions relating to certain offenses which have mandatory prison terms and provides that all classes of felonies shall have minimum prison terms except those felony offenses relating to controlled substances.

Additionally, this act repeals provisions relating to offenders who were convicted of certain felony offenses prior to August 28, 2019, who were no longer subject to minimum prison terms.

These provisions are identical to provisions in SS/SCS/HCS/HB 301 (2023).

OFFENSE OF UNLAWFULLY GAINING ENTRY INTO A MOTOR VEHICLE (Section 569.175)

This act creates the offense of unlawfully gaining entry into motor vehicles if a person lifts the door handles or otherwise tries the doors of successive motor vehicles to gain entry. This offense shall be a class A misdemeanor for the first offense, unless the person is a prior felony offender than it shall be a class E felony, and a class E felony for any second or subsequent offenses.

This provision is identical to SB 97 (2023) and HS/HCS/HBs 1108 & 1181 (2023) and substantially similar to provisions in HB 1582 (2022) and SCS/HB 2697, et al (2022).

BLAIR'S LAW (Section 571.031)

This act establishes "Blair's Law" which specifies that a person commits the offense of unlawful discharge of a firearm if, with criminal negligence, he or she discharges a firearm within or into the limits of a municipality. Any such person shall be guilty of a class A misdemeanor for the first offense, a class E felony for the second offense, and a class D felony for any third or subsequent offenses. These provisions will not apply if the firearm is discharged under circumstances as provided in the act.

This provision is identical to a provision in the truly agreed to and finally passed SS/SCS/SBs 189, et al (202) and SS/SCS/HCS/HB 301 (2023) and to SB 343 (2023) and to provisions in SCS/HB 2088, et al (2022), SCS/HB 2697, et al (2022), HB 1637 (2022), HB 1462 (2022), HB 1865 (2022), and HB 1893 (2020).

OFFENSE OF TAMPERING WITH A JUDICIAL OFFICER (Section 575.095)

This act provides that a person commits the offense of tampering with a judicial officer if the person disseminates through any means the judicial officer's personal information as provided in the act. Additionally, this act provides a judicial officer shall include a judge or commissioner of state or federal court. If a judicial officer or a member of his or her family is injured or dies, the offense is a class B felony.

This provision is identical to a provision in the truly agreed to and finally passed CCS/HCS/SB 186 (2023) and SS/SCS/HCS/HB 301 (2023).

OFFENSE OF UNLAWFUL DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION (Section 578.710)

This act provides that a person commits the offense of unlawful disclosure of personally identifiable information if he or she knowingly releases or publicly discloses the name, home address, Social Security number, telephone number, or other personal information of an elected officer or his or her family members with the purpose to harass or cause death or bodily injury. This offense shall be a class A misdemeanor, unless done to influence the performance of an elected official, then it is a class D felony.

This provision is identical to a provision in the SCS/HCS/HB 301 (2023).

MARY GRACE PRINGLE

Amendments

No Amendments Found.