SCS/HCS/HB 2700 - This act modifies provisions relating to criminal proceedings.HIGHWAY PATROL SALARIES (Section 43.080)
Under current law, the superintendent of the Missouri State Highway Patrol provides a salary schedule report to the Governor and General Assembly which includes a comparison of the salaries of police officers of the three largest police departments in the state.
This act adds that the salary schedule report shall also include a comparison of the salaries and benefits of police officers employed by the Iowa State Patrol, the Nebraska State Patrol, the Illinois State Police, the Kentucky State Police, the Tennessee Highway Patrol, the Arkansas State Police, the Oklahoma Highway Patrol, and the Kansas Highway patrol.
This provision is identical to HB 2701 (2024).
JUVENILE OFFENDER DETAINMENT (Section 211.033, 219.021, & 221.044)
Under current law, a traffic court judge may request the juvenile court to order the commitment of a person under 18 years old to a juvenile detention facility.
This act repeals such provision.
Additionally, if a person attains the age of 18 while in detention, a juvenile officer may file a motion with the court to detain the person in adult jail.
Finally, this act provides the Division of Youth Services shall not keep any youth beyond his or her nineteenth birthday, unless upon petition showing just cause for the youth to remain in juvenile detention.
This provision is identical to HB 2640 (2024).
CERTIFICATION OF JUVENILES FOR TRIAL AS ADULTS (Sections 211.071 & 211.072)
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, unlawful use of weapons when committed along with another felony to such offenses.
This provision substantially similar to provisions in the truly agreed to and finally passed SS#2/SCS/SBs 754, et al (2024), the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), and the perfected SS#3/SB 22 (2023).
Finally, this act provides that any juvenile certified as an adult who violates conditions of release or bond shall return to the custody of the adult jail pending further court order. If a juvenile is held in adult jail for more than 180 days then the court shall hold a hearing once every thirty days to determine whether the placement of the certified juvenile is still in the best interests of justice.
LINE OF DUTY COMPENSATION ACT (Section 287.243)
Currently, a claim for compensation for a public safety officer killed in the line of duty is $25,0000. This act changes the amount to $100,000 and provides that beginning in 2025, the amount of compensation shall be adjusted annually by the percent increase in the Consumer Price Index for All Urban Consumers.
This program shall automatically sunset on December 31, 2030.
This provision is identical to HB 1732 (2024).
EMERGENCY VEHICLES (Sections 304.022 & 307.175)
This act amends the section of law which was declared unconstitutional in Byrd, et al. v. State of Missouri, et al.
This act adds vehicles operated by a state fire investigator, county or municipal park rangers, and canine search and rescue teams to the definition of "emergency vehicle" applicable to yielding the right-of-way and the display of emergency lights.
This act is substantially similar to provisions in SB 1476 (2024), SCS/HB 1707 (2024), and the truly agreed to and finally passed CCS/SS/SCS/HCS/HB 1606 (2022).
BENTLEY AND MASON'S LAW (Section 454.1050)
This act establishes "Bentley and Mason's Law".
Under this act, if a person is convicted of the offense of driving while intoxicated and such offense caused the death of a parent or guardian, such person shall pay, pursuant to a court order, a monthly restitution to the child of the deceased parent or guardian until the child reaches 18 years of age.
Monthly restitution shall be determined and remitted as specified in the act. If the person ordered to pay restitution is unable to make required monthly payments because such person is imprisoned or otherwise confined, then the person shall begin making the payments no later than the first anniversary of the date of his or her release from the correctional facility and shall pay all arrearages, regardless of whether the payments were due to be terminated while the person was imprisoned or otherwise confined.
The amount of restitution paid under this act shall be deducted from any civil judgment against the defendant.
The Attorney General or a person, parent, or guardian of a child due restitution under this act may enforce a restitution order issued in the same manner as a judgment in a civil action.
This act is identical to SB 1374 (2024) and similar to HB 1958 (2024) and HB 1954 (2022).
MENTAL HEALTH COURTS (Section 478.001)
Currently, the treatment court divisions of the circuit courts may include an adult treatment court, DWI court, family treatment court, juvenile treatment court, and veteran treatment court, which are specialized courts focused on addressing substance abuse disorders, mental health disorders, and co-occurring disorders of certain criminal defendants. This act provides for the establishment of a mental health court within a treatment court division to provide an alternative for the disposal of cases that stem from mental health or co-occurring disorders of criminal defendants.
This provision is identical to SB 1370 (2024) and substantially similar to HB 2064 (2024).
COMPENSATION OF JURORS (Sections 488.040 & 494.455)
Currently, a juror shall receive seven cents per mile to and from his or her place of residence and the courthouse. This act modifies the mileage rate of jurors to the mileage rate of state employees, which is currently provided at sixty-five and half cents.
Current law also provides that grand or petit jurors in certain counties, including in Clay and Greene, shall not receive compensation for the first two days of service, but shall receive fifty dollars with seven cents per mile for the third and any subsequent days that the juror actually serves.
This act also provides that the governing body of the county or the City of St. Louis may adopt a system of juror compensation that provides grand or petit jurors to receive no compensation on the first two days of actual service, but receive fifty dollars with the state employee mileage rate for the third and any subsequent days of actual service.
These provisions are identical to SCS/SB 1220 (2024) and substantially similar to provisions in HCS#2/HB 1886 (2024) and in HCS/HB 2064 (2024) and similar to provisions in SB 897 (2024) and HB 1457 (2024).
BUSINESS RECORDS ENTERED INTO EVIDENCE (Section 490.692)
Under current law, certain business records must be notarized in order to be entered into evidence in court.
This act repeals those requirements and provides that such records shall not be deemed invalid for the reason that it uses an electronic signature or that it does not include a notarization. Additionally, any affidavit falsely made shall subject the signer to criminal penalties.
This provision is identical to a provision in SCS/SB 1400 (2024).
ADMISSIBILITY OF CERTAIN EVIDENCE IN CRIMINAL CASES (Sections 491.075 and 492.304)
Under current law, a statement made by a child under 14 years of age may be admissible in criminal proceedings under certain circumstances. This act changes the age to a child under the age of 18 years of age.
Additionally, this act provides that visual or audio recordings of a child under 18 years of age or a vulnerable person relating to certain criminal offenses shall be admissible in criminal proceedings under certain circumstances.
These provisions are identical to provisions in SCS/SB 1245 (2024), SCS/SB 897 (2024), HCS#2/HB 1886 (2024), HCS/HB 2700 (2024), the perfected HCS/HB 454 (2023), and SCS/HS/HCS/HBs 1108 & 1181, et al (2023).
PRETRIAL WITNESS PROTECTION PROGRAM (Section 491.641)
Under current law, any law enforcement agency may use funds from the "Pretrial Witness Protection Services Fund" to provide for the security of witnesses and immediate family members during criminal proceedings. This act adds that prosecuting and circuit attorney offices may also use such funds.
This act also repeals certain application requirements for reimbursement of costs for witness protection and provides that law enforcement agencies and prosecuting and circuit attorney offices shall submit an application to the Department of Public Safety.
This provision is substantially similar to SCS/SB 1266 (2024).
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.
This provision is identical to a provision in the truly agreed to and finally passed SS#2/SCS/SBs 754, et al (2024), SCS/SB 1115 (2024), the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), and SS/SCS/HCS/HB 301 (2023).
OFFENSE OF ENDANGERING THE WELFARE OF A CHILD (Sections 556.061 & 568.045)
Under current law, a person commits the offense of endangering the welfare of a child in the first degree if he or she unlawfully manufactures or possesses amphetamine, methamphetamine, or any of their analogues. This act adds fentanyl and carfentanil.
Additionally, this act provides that if a person is found guilty of the offense of endangering the welfare of a child in the first degree involving fentanyl or carfentanil then the person shall serve a term of imprisonment of not less than five years and not more than ten years. Such person shall not receive a suspended imposition or execution of sentence from the court and shall not pay a fine in lieu of a term of imprisonment. Finally, such person shall not be eligible for conditional release or parole until he or she has served at least five years of imprisonment.
This act also adds the offense of endangering the welfare of a child in the first degree to the definition of "dangerous felony."
This provision is identical to SCS/SB 1451 (2024) and SB 1368 (2024).
Finally, 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 provision is identical to a provision in the truly agreed to and finally passed SS#2/SCS/SBs 754, et al (2024), SCS/SB 1115 (2024), the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), SB 405 (2023), and HB 11 (2020).
DWI DIVERSION PROGRAM (Section 557.520)
This act creates a DWI diversion program which allows a prosecuting or circuit attorney to divert the case to a DWI diversion program if the defendant meets the following criteria:
• The defendant has not previously been convicted of an intoxicated-related traffic offense;
• The defendant is not currently enrolled in another diversion program;
• The defendant does not hold a commercial driver's license;
• The offense did not occur while operating a commercial vehicle;
• The offense did not result in the injury or death of another person; and
• The defendant did not refuse a breathalyzer test.
The court may continue the diverted case for a period of up to 2 years and order the defendant to comply with terms and conditions of the program as determined by the prosecuting or circuit attorney. Any defendant who has a case continued pursuant to this act shall also have any proceeding relating to the suspension of his or her license continued by the Department of Revenue.
As part of the program requirements, the prosecuting or circuit attorney may require installation of an ignition interlock device for a period of not less than one year and require the defendant to participate in a victim impact panel. If the prosecuting or circuit attorney requires an ignition interlock device, the court shall notify the defendant that he or she is required to install an ignition interlock device as well as notify the defendant of any other requirements of the program. Any person required to install an ignition interlock device shall be subject to penalties as provided under current law. The court may require the defendant to pay all or part of the costs, unless the court finds the defendant indigent.
Additionally, the Department of Revenue shall inform the defendant of the requirements of the DWI diversion program and shall keep records of the installation of any ignition interlock devices. Any certified ignition interlock device provider shall inform the Department of any tampering of the device as provided in the act.
After the completion of the DWI diversion program and if the defendant has complied with all the imposed terms and conditions, the court shall dismiss the criminal case against the defendant, record the dismissal, and transmit the record to the central repository. The Department of Revenue shall also dismiss any proceeding to suspend the defendant's license. If the defendant does not comply with the terms of the program, the prosecuting or circuit attorney may file a motion to terminate the defendant from the diversion program and set the case on the next available criminal docket.
Finally, this act provides that a prosecuting or circuit attorney may divert intoxicated-related offenses to other diversion programs as provided in law.
This provision is identical to SCS/SB 1200 (2024) and substantially similar to SS/SCS/SB 74 (2023).
INFORMATION RECEIVED BY PROBATION & 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 except for criminal proceedings.
This provision is substantially similar to a provision in HB 1954 (2024), HB 196 (2023), in HCS/SS#3/SB 22 (2023), and in HB 1227 (2023), and is similar to a provision in HCS/HB 1886 (2024), in HCS/HB 2700 (2024), and in HCS/HB 776 (2023).
OFFENSE OF PATRONIZING PROSTITUTION (Section 567.030)
This act modifies the offense of patronizing prostitution. If the person patronized for prostitution is older than 15 years old but less than 18 years old it shall be a class E felony and if the person is 15 years old or younger it shall be a class B felony.
This provision is identical to provisions in SCS/SB 1245 (2024), HCS#2/HB 1886 (2024), SCS/SB 811 (2024), HCS/HBs 1706 & 1539 (2024), & SB 906 (2024).
OFFENSE OF TRESPASS OF A RETAIL ESTABLISHMENT (Section 569.158)
This act creates the offense of trespass of a retail establishment if he or she, while alone or with any other person, enters a retail establishment or assists a person who enters a retail establishment with the primary purpose of disrupting commerce or causing danger to people or property.
This offense shall be a class B misdemeanor, unless committed as part of an organized campaign then such campaign shall pay a fine not to exceed $5,000.
This provision is identical to a provision in SB 1467 (2024).
OFFENSE OF ORGANIZED RETAIL THEFT (Section 570.036)
This act creates the offense of organized retail theft if he or she, while alone or with any other person, commits a series of thefts of retail merchandise against one or more persons either on the premises of a merchant or through the use of an internet site with the intent to return the merchandise for value or resell the merchandise for value.
The offense of organized retail theft is a class D felony if the value stolen over 120 days is between $1,500 and $10,000 and a class C felony if the value is over $10,000.
Finally, a person may be prosecuted in any jurisdiction in this state regardless of whether the defendant was ever physically present in such jurisdiction.
These provisions are identical to provisions in SB 1467 (2024), HB 1652 (2024), SB 250 (2023), SCS/HB 2697, et al (2022), and SCS/HB 2088, 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 he or she recklessly 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#2/SCS/SBs 754, et al (2024) and substantially similar to SB 788 (2024), SB 343 (2023), and to provisions in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), 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 RESISTING ARREST (Sections 575.150)
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 provisions are identical to provisions in SCS/HCS/HBs 1692 & 1748 (2024).
VALENTINE'S LAW (Section 575.151)
This act establishes "Valentine's Law" which creates the offense of aggravated fleeing a stop or detention of a motor vehicle if the person knows that a law enforcement officer is attempting to detain the vehicle and the person flees at a high speed which creates a substantial risk of serious physical injury or death or actually causes physical injury or death to another person. This shall be a class D felony if the person creates a substantial risk of injury, a class B felony is the person causes physical injury, and a class A felony if the person causes death of another.
Additionally, a person is presumed to be fleeing a vehicle stop if he or she has seen or heard or reasonably should have seen or heard emergency lights or sounds. It shall not be a defense that the law enforcement officer was acting unlawfully in making the arrest.
This provision is identical to a provision in the truly agreed to and finally passed SS#2/SCS/SBs 754, et al (2024) and SCS/SB 901 & 820 (2024) and similar to provisions in HB 301 (2023) and SB 345 (2021).
OFFENSE OF TAMPERING WITH ELECTRONIC MONITORING EQUIPMENT (Section 575.205)
This act modifies the offense of tampering with electronic monitoring equipment to provide that a person commits the offense if he or she intentionally removes, alters, tampers with, damages, destroys, fails to charge, or otherwise disables electronic monitoring equipment which a court or the Parole Board has required such person to wear.
The offense of tampering with electronic monitoring equipment if the person fails to charge or otherwise disables the electronic monitoring equipment is a class E felony, unless the offense for which the person was placed on electronic monitoring was a misdemeanor, in which case it is a class A misdemeanor.
This provision is identical to a provision in HB 1454 (2024), HCS/SS#3/SB 22 (2023), HCS/SS/SCS/SB 72 (2023), HB 86 (2023), SB 470 (2023), SB 878 (2023), in HS/HCS/HBs 1108 & 1181 (2023), HB 1637 (2022), HB 1547 (2022), SCS/HB 2088, HB 1705 & HCS/HB 1699 (2022), and SCS/HB 2697, HB 1589, HB 1637 & HCS/HB 2127 (2022), and is similar to SB 619 (2021) and HCS/HB 156 (2021).
CRIME VICTIMS' COMPENSATION FUND (Section 595.045)
This act adds that a person who pleads guilty to a class E felony shall pay a fee of $46 payable to the Crime Victims' Compensation Fund.
This provision is identical to a provision in HB 2209 (2024), HCS/SS#3/SB 22 (2023), in CCS/HCS/SS/SCS/SB 72 (2023), and in HS/HCS/HBs 1108 & 1181 (2023).
FUNDING FOR THE OFFICE OF THE PUBLIC DEFENDER (Section 600.042)
Under current law, any funds available from government grants, private gifts, donations, bequests, or other sources made to the Office of the Public Defender are deposited in the general revenue fund of the state.
This act creates the "Public Defender - Federal and Other Fund" in the state treasury and provides that funding from any government grants, private gifts, donations, bequests, or other sources shall be deposited into such fund.
This provision is identical to the truly agreed to and finally passed SS#2/SCS/SBs 754, et al (2024), SB 841 (2024), SB 1379 (2024), SB 245 (2023), SB 1039 (2022), to provisions in SCS/HB 2088, et al (2022), and HB 2370 (2022).
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