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HCS/SS/SCS/SBs 189, 36 & 37 - This act modifies provisions regarding criminal laws. JURISDICTION OF JUVENILE COURTS (Section 211.031) Under current law, the juvenile court shall have exclusive original jurisdiction in proceedings involving a juvenile who violated a state law and jurisdiction in those cases may be taken by the court of the circuit in which the child resides or in which the violation is alleged to have occurred. This act provides that any proceeding involving a child who is alleged to have violated state law shall be brought in the court of the circuit in which the violation occurred, except if a juvenile officer transfers the case or the court grants a motion to transfer the case to the circuit court in which the child resides. These provisions are identical to provisions in the perfected SS#3/SB 22 (2023) and in SCS/SBs 406 & 423 (2023). CERTIFICATION OF JUVENILES FOR TRIAL AS ADULTS (Section 211.071, 211.600, & 217.345) Under current law, a child between the ages of 12 and 18 may be certified for trial as an adult for a certain felony offenses. This act changes the ages to between 14 and 18 years old. Additionally, under current law, a court shall order a hearing to determine whether a child should be certified for trial as an adult for certain offenses. This act adds that a child between 12 and 18 years old shall have a certification hearing for certain offenses. This act also adds dangerous felonies to such offenses. This act provides that the Office of State Courts Administrator shall collect certain information as provided in the act relating to petitions to certify juveniles as adults. Finally, this act modifies provisions relating to correctional treatment programs for offenders 18 years of age or younger. Such programs shall include physical separation from offenders younger than 18 years of age and shall include education programs that award high school diplomas or its equivalent. These provisions contain an emergency clause. These provisions are identical to provisions in the perfected SS#3/SB 22 (2023) and substantially similar to provisions in SCS/SBs 406 & 423 (2023) and substantially similar to HCS/HB 12 (2020). ELIGIBILITY FOR PAROLE FOR JUVENILES (Section 217.690) Under current law, when a person under the age of 18 is sentenced to a term or terms of imprisonment amounting to 15 years or more, that person is eligible for parole after serving 15 years, unless such person was found guilty of murder in the first degree. This act adds that such a person will also be ineligible for parole if he or she was found guilty of murder in the second degree when such person knowingly causes the death of another person. The provisions of this act are identical to provisions in the perfected SS/SB 22 (2023) and substantially similar to provisions in SB 644 (2022), SCS/HB 2088, et al (2022), SCS/HB 2697, et al (2022), and SS/SCS/SB 850 (2022). EMERGENCY VEHICLES (Section 307.175) This act clarifies that rescue squads shall include canine search and rescue teams and may operate emergency vehicles while responding to an emergency including calls requiring search and rescue operations. This provision is identical to a provision in the perfected HS/HCS/HBs 1108 & 1181 (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 a provision in SS/SCS/HCS/HB 301 (2023), 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). MOTION TO VACATE OR SET ASIDE THE JUDGMENT (Section 547.031) Under current law, a prosecuting attorney may file a motion to vacate or set aside the judgment in the jurisdiction in which the person was convicted. This act changes this provision to the jurisdiction in which charges were filed. CONVICTION REVIEW UNIT (Section 547.500) Under this act, the Missouri Office of Prosecution Services may establish a conviction review unit to investigate claims of actual innocence of any defendant, including those who plead guilty. The Missouri Office of Prosecution Services shall create an application process for defendants as provided in the act. The conviction review unit shall consist of two attorneys hired by the executive director of the Missouri Office of Prosecution Services, an investigator, paralegal, and other administrative staff. The Director shall be an ex officio member of the unit. Once the review is complete, the conviction review unit shall present its findings either to the prosecuting attorney who prosecuted the case or, if the review was requested by the Attorney General, special prosecutor, or other prosecuting attorney's office, to the office who requested the review. Such prosecuting attorney's office is not required to accept or follow the findings and recommendations of the conviction review unit. Any document produced by the conviction review unit shall be a closed record until after the finality of all proceedings. MENTAL HEALTH SERVICES FOR DETAINEES (Section 552.020) Currently, a judge may order a pretrial examination of an accused person whom the judge has reasonable cause to believe lacks mental fitness to proceed. The psychiatrist, psychologist, or physician performing the examination shall submit a report with findings, opinions, and recommendations on treatment in suitable hospitals. This act requires the examination report to contain opinions as to the accused's mental fitness to proceed in the reasonably foreseeable future and recommendations as to whether the accused, if found to lack mental fitness to proceed, should be committed to a suitable hospital for treatment or if the treatment can be provided in a county jail or other detention facility approved by the Director of the Department of Mental Health. Additionally, the report shall contain a recommendation as to whether the accused, if found to lack mental fitness to proceed and if not charged with a dangerous felony, murder in the first degree, or rape in the second degree, should be committed to a suitable hospital facility or may be appropriately treated in the community, and whether the accused can comply with bond conditions and treatment conditions. This provision is substantially similar to a provision in SCS/SB 387 (2023). PERSISTENT OFFENDERS (Section 558.016) Under current law, the court may sentence a person to an extended term of imprisonment if such person is a persistent offender. This act adds that a "persistent offender" shall also include a person who has been found guilty of a dangerous felony as defined in law. This provision is identical to a provision in SCS/SB 502 (2023). MINIMUM PRISON TERMS FOR ARMED CRIMINAL ACTION (Sections 558.019 & 571.015) Under current law, certain offenses are excluded from minimum prison terms for offenders who also have prior felony convictions. This act repeals the exclusion of the offense of armed criminal action. This act provides that the offense of armed criminal action shall be an unclassified felony. Additionally, this act provides that a person convicted of armed criminal action shall not be eligible for probation, conditional release, or suspended imposition or execution of sentence; however, the person shall be eligible for parole. This provision is substantially similar to a provision in SCS/SB 502 (2023). RESISTING ARREST (Sections 558.019, 575.150, 610.140, & 575.200) Under current law, certain offenses have minimum prison term requirements. This act adds the offense of resisting arrest by fleeing in a motor vehicle and removes the offense of escape from custody from these minimum prison term requirements. Additionally, this act modifies the offense of resisting, interfering with, escaping, or attempting to escape from arrest, detention, stop, or custody, by adding that a person is guilty of such offense if he or she, while being held in custody after a stop, detention, or arrest, escapes or attempts to escape from such custody. Such offense shall be a Class A misdemeanor, unless the stop was for: • A felony offense; • A warrant issued for failure to appear on a felony case; • A warrant issued for a probation violation on a felony case; • While resisting or escaping from a stop or arrest, the person flees and creates a substantial risk of serious physical injury or death to any person; or • The escape or attempt to escape while in custody was for a felony; Then it shall be a Class E felony; except that, if such escape is committed by means of a deadly weapon or by holding any person hostage it is a Class A felony. Additionally, the prosecution is not required to prove the defendant knew why he or she was being stopped or arrested. This act creates the offense of resisting arrest by fleeing in or on a motor vehicle if he or she resists an arrest, stop, or detention by fleeing in or on a motor vehicle from a law enforcement officer and, during the course of fleeing, drives at a speed or in a manner that demonstrates a disregard for the safety of any person or property. This offense is a Class E felony, unless the person has been previously convicted of this offense, in which case it is a Class D felony. This act also creates the offense of aggravated resisting arrest by fleeing in or on a motor vehicle if he or she resists an arrest or stop by fleeing in or on a motor vehicle from a law enforcement officer and drives at a speed or in a manner that demonstrates a disregard for the safety of any person or property and that results in serious bodily injury or death to another person. This offense is a Class D felony, unless the person has been previously convicted of this offense, in which case it is a Class C felony. Finally, under current law, certain offenses are not eligible for expungement. This act adds the offenses of resisting arrest and resisting arrest by fleeing in a motor vehicle and removes the offense of escape from custody from offenses not eligible for expungement. These provisions are identical to HB 251 (2023) and to provisions in HCS/SS#3/SB 22 (2023) and SB 1025 (2022). CREDIT FOR TIME SERVED (Section 558.031) Under current law, a person can receive credit toward a sentence of imprisonment for all jail time served after conviction and before the commencement of the sentence. This act provides that a person shall receive credit toward a sentence of imprisonment for all jail time served after the offense occurred. The credit shall be based on the certificate of all applicable jail-time credit from the sheriff who delivered the person into confinement in a correctional center. Additionally, the court may award additional credit for time spent in prison after the offense occurred and before the commencement of the sentence when pronouncing the sentence. This provision is identical to a provision in SS/SCS/HCS/HB 301 (2023) and substantially similar to HCS/HB 1133 (2023) and SB 650 (2023). INFORMATION FROM PAROLE OFFICERS (Section 559.125) This act modifies provisions relating to privileged information received by probation or parole officers which shall not be receivable in any court unless for lawful criminal matters. This provision is identical to a provision in the perfected HB 196 (2023) and HCS/SS#3/SB 22 (2023) and substantially similar to HB 776 (2023). CULPABLE MENTAL STATE FOR HOMICIDE OFFENSES (Section 565.003) Under current law, the culpable mental state necessary to prove a homicide offense is found to exist if the only difference between what actually occurred and what was the object of the offender's state of mind is that a different person or people were killed. This act adds that it shall not be a defense to a homicide charge that the identity of the person the offender intended to kill cannot be established. If the state proves beyond a reasonable doubt that the offender had the requisite mental state toward a specific person or a general class of persons who are not identified or who are not identifiable, such intent shall be transferred to a person who is killed by the offender while such mental state existed. This provision is identical to SS/SB 227 (2023) and is substantially similar to to HB 1989 (2022) and HCS/HB 676 (2021). CYBER CRIMES TASK FORCE (Section 565.258) This act creates the "Stop Cyberstalking and Harassment Task Force" with membership as provided in the act. The Task Force shall elect a chairperson and shall hold an initial meeting before October 1, 2023. The Task Force shall collect feedback from stakeholders, which may include victims, law enforcement, victim advocates, and digital evidence and forensics experts. The Task Force shall make recommendations on what resources and tools are needed to stop cyberstalking and harassment, as provided in the act. The Task Force shall submit a report to the Governor and General Assembly on or before December 31 of each year and the Task Force shall expire on December 31, 2025, unless the Department of Public Safety determines the Task Force should be extended until December 31, 2027. This provision is identical to SB 660 (2023). OFFENSE OF ENDANGERING THE WELFARE OF A CHILD (Section 568.045) This act adds to the offense of endangering the welfare of a child in the first degree that any person who knowingly encourages or aids a child less than 17 to engage in any conduct violating law relating to firearms shall be guilty of a class D felony. This act contains an emergency clause. This act is identical to HB 11 (2020). OFFENSE OF PROPERTY DAMAGE IN THE FIRST DEGREE (Sections 569.010 & 569.100) This act adds to the offense of property damage in the first degree if such person knowingly damages, modifies, or destroys a teller machine or otherwise makes it inoperable. This offense is a class D felony unless committed for the purpose of executing any scheme or artifice to defraud or obtain any property, the value of which exceeds $750 or the damage to the teller machine exceeds $750, in which case it is a class C felony. It shall be a class B felony if committed for the purpose of obtaining the personal financial credentials of another person or if the person has committed a second or subsequent offense of damaging a teller machine. This provision is identical to the perfected SB 186 (2023) and SCS/SB 831 (2022). OFFENSE OF STEALING (Section 570.010 & 570.030) This act adds that the offense of stealing shall be a class C felony if the property stolen is a teller machine or the contents of a teller machine including cash regardless of the value or amount stolen. Additionally, this act adds that the offense of stealing shall be a class E felony if the property stolen is a letter, post card, or package delivered by common carrier. This provision is identical to the provisions in the perfected HS/HCS/HBs 1108 & 1181 (2023) and substantially similar to the perfected SB 186 (2023) and SCS/SB 831 (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 substantially similar 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 UNLAWFUL POSSESSION OF FIREARMS (Section 571.070) Under current law, unlawful possession of a firearm is a Class D felony, unless a person has been convicted of a dangerous felony then it is a Class C felony. This act changes the penalty for the offense to a Class C felony, unless a person has been convicted of a dangerous felony or the person has a prior conviction for unlawful possession of a firearm, then it is a Class B felony. This provision is identical to a provision in SCS/SB 502 (2023). MAX'S LAW (Sections 575.010, 575.353, 578.007, & 578.022) This act creates "Max's Law." Under current law, the offense of assault on a law enforcement animal is a Class C misdemeanor. This act provides that the offense of assault on a law enforcement animal is a Class A misdemeanor, if the law enforcement animal is not injured to the point of requiring veterinary care or treatment; a Class E felony if the law enforcement animal is seriously injured to the point of requiring veterinary care or treatment; and a Class D felony if the assault results in the death of such animal. Additionally, exemptions to the offenses of agroterrorism, animal neglect, and animal abuse shall not apply to the killing or injuring of a law enforcement animal while working. Finally, this act adds that any dog that is owned by or in the service of a law enforcement agency and that bites or injures another animal or human is exempt from the penalties of the offense of animal abuse. These provisions are identical to provisions in SCS/HB 2697, et al (2022), SCS/HB 2088, et al (2022), SS/SCS/SB 850 (2022), and SB 765 (2022). DRUG TRAFFICKING (Sections 579.065 & 579.068) Additionally, under current law, a person commits the offense of drug trafficking in the first or second degree if he or she is distributing or purchasing more than 8 grams or more than 24 grams of a mixture containing a cocaine base. This act repeals those provisions. These provisions are identical to HCS/HB 1133 (2023) and SB 705 (2023). FENTANYL TESTING (Section 579.088) Under this act, it shall not be unlawful to manufacture, possess, sell, deliver, or use any device, equipment, or other material for the purpose of analyzing controlled substances for the presence of fentanyl. This provision is identical to SB 480 (2023). CHIEF OF POLICE TRAINING (Section 590.033) This act provides that the POST Commission shall establish a training course for police chiefs that shall be a minimum of 40 hours. All police chiefs appointed after August 28, 2023, shall complete the course within six months of appointment as police chief, unless exempt as provided in the act. Any law enforcement agency who has a police chief who fails to complete the course, shall not receive any POST commission training funding or other state or federal funding until the police chief completes the training course. This provision is identical to a provision in SCS/SB 38 (2023) and SS/SCS/HCS/HB 301 (2023). PEACE OFFICER BASIC TRAINING (Section 590.040) Under current law, the POST Commission sets a minimum number of basic training hours for licensure for peace officers no lower than 470 hours and no higher than 600 with certain exceptions as provided in law. This act changes this requirement to be no lower than 600 hours. This provision is identical to a provision in SCS/SB 38 (2023) and SS/SCS/HCS/HB 301 (2023). DISCIPLINARY PROCEDURES FOR PEACE OFFICERS (Section 590.080) This act adds additional grounds for when the Director of the Department of Public Safety shall discipline peace officers. This act provides that any peace officer shall be disciplined who: • Is unable to perform the function of a peace officer with reasonable competency or reasonable safety; • Has committed any crime or has been convicted in a criminal prosecution under any state laws, any federal laws, or any laws of anther country, regardless if a sentence was imposed; • Has committed any act that involves moral turpitude or a reckless disregard for the safety of the public; • Has tested positive for a controlled substance without a valid prescription; • Is subject to an order suspending or revoking a peace officer license from another state, territory, the federal government, or any peace officer licensing authority; or • Has committed any act of gross misconduct indicating inability to function as a peace officer. This act is identical to a provision in SCS/SB 38 (2023) and substantially similar to SB 689 (2022) and to provisions in SCS/HB 2088, et al (2022) and HB 2439 (2022). RIGHTS OF VICTIMS OF CRIMES (Section 595.209) Under current law, victims of certain crimes shall be notified by the prosecutor's office and law enforcement of certain filings or status updates in the criminal case of which he or she is a victim. This act adds that the victim shall be notified by certified mail or by electronic mail. This provision is identical to SB 337 (2023). EXPUNGEMENT OF CRIMINAL RECORDS (SECTIONS 610.140 & 488.650) This act modifies provisions relating to the number of crimes a person may apply to have expunged from his or her record. A person may seek to expunge all crimes as part of the same course of criminal conduct or as part of an extended course of criminal conduct, subject to limitations as provided in the act. Under current law, certain offenses, violations, and infractions are not eligible for expungement. This act adds that any offense that at the time of conviction requires registration as a sex offender is not eligible for expungement. Additionally, this act adds that the offenses, or successor offenses, of sexual conduct with a nursing facility resident in the second degree, use of a child in sexual performance, promoting a sexual performance of a child, or cross burning shall not be eligible for expungement. This act changes provisions regarding any offense of unlawful use of weapons as not eligible for expungement to any "felony” offense of unlawful use of weapons is not eligible. This act provides that a person may petition for expungement of crimes committed as part of an extended course of criminal conduct at least 10 years from the date of any sentence imposed under law. This act repeals the provision that a court can make a determination at the hearing based solely on a victim's testimony and adds that a court may find that the continuing impact of the offense upon the victim rebuts the presumption that expungement is warranted. This act also changes the time a person can petition to expunge arrest record for an eligible crime from three years after the date of the arrest to 18 months from the date of the arrest. This act provides that a person shall be fully restored to the status he or she occupied prior to the arrests, pleas, trials, or convictions expunged. Additionally, this act modifies provisions allowing a person to answer "no" to an employer's inquiry about any arrests, charges, or convictions of a crime. Finally, this act repeals provisions relating to the $250 surcharge to file a petition for expungement. These provisions are substantially similar to SB 687 (2022), SCS/SB 61 (2021), SB 519 (2020), SB 952 (2020). MARY GRACE PRINGLE
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