Perfected

VIOLENT OFFENDER REGISTRY (Sections 43.650 & 589.437)

This act establishes that the Missouri Highway Patrol shall maintain a registered violent offender database on its web page available to the public. The database shall be kept in the same manner as the registered sexual offender database.

This act provides that any person who is on probation or parole for murder in the first or second degree or the equivalent of such offenses if committed outside this state shall be registered as a violent offender.

The Division of Probation and Parole or the Department of Mental Health shall notify the Missouri State Highway Patrol if a violent offender is placed on probation or parole, is removed from probation or parole, or relocates to this state and would be considered a violent offender under this act.

These provisions are substantially similar to provisions in SCS/HB 2697, et al (2022), HB 1637 (2022), HB 1705 (2022), and HB 293 (2021).

DISMISSAL OF COMPLAINTS BY PROSECUTING ATTORNEYS (Section 56.087)

This act makes a technical correction by repealing the word "double" in provisions relating to when cases may be dismissed with or without prejudice.

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 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.

JAIL REIMBURSEMENTS (Section 221.105)

Under current law, county jails can be reimbursed by the state up to $37.50 per day per prisoner.

This act provides that county jails can be reimbursed by the state up to $45 per day per prisoner.

This provision is identical to HCS/HB 2079 (2024).

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 provision is identical to HB 1732 (2024).

DWI DIVERSION PROGRAM (Sections 302.457, 557.014, & 557.015)

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; and

• The offense did not occur while operating a commercial vehicle.

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.

As part of the program requirements, the prosecuting or circuit attorney shall require installation of an ignition interlock device for a period of not less than one year.

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.

These provisions are similar to SCS/SB 1200 (2024) and SS/SCS/SB 74 (2023).

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 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 sworn in by affidavit in order to be entered into evidence in court.

This act provides that, instead of an affidavit, the custodian of records can complete a certificate or declaration under penalty of perjury. Additionally, the affidavit or certificate may be completed by electronic signature and a copy may be used in place of the original.

This provision is substantially similar 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 and the Department may also seek reimbursement up to 5% of the appropriated amount in the fund.

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 perfected 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 and changes the age of a child from seventeen to eighteen years old.

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 be guilty of a class B felony. 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.

This act also adds the offense of endangering the welfare of a child in the first degree to the definition of "dangerous felony" when punished as a class A, B, or C felony.

This provision is identical to SCS/SB 1451 (2024) and SB 1368 (2024).

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 ages 15 to 17 it shall be a class E felony and if the person is less than 15 years old 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 USE OF A MINOR TO COMMIT A CRIME (Section 568.075)

A person commits the offense of use of a minor to commit a crime if the person is 18 years of age or older and intentionally uses a minor to commit a crime for which the person may be prosecuted in a court of law. This offense shall be a misdemeanor if the crime committed is a misdemeanor and a felony if the crime committed is a felony.

This provision is identical to HB 1693 (2024).

OFFENSE OF UNLAWFUL USE OF WEAPONS (Section 571.030)

This act adds that any juvenile officer or deputy juvenile officer who possesses a valid concealed carry permit is exempt from the offense of unlawful use of weapons while carrying out his or her official duties.

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, 36 & 37 (2023) and substantially similar to a provision in SS#2/SCS/SBs 754, et al (2023), SCS/HCS/HB 1659 (2024), SB 343 (2023), and 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 any person convicted of the offense of tampering with a judicial officer and the offense of tampering with a judicial proceeding shall not be eligible for parole, probation, or conditional release.

This act is identical to SB 1441 (2024) and SCS/SB 897 (2024).

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.

This act is substantially similar to provisions in SS#2/SCS/SBs 754, et al (2024), 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/HB 2700 (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).

OFFENSE OF DELIVERY OF A CONTROLLED SUBSTANCE (Section 579.020)

This act modifies the offense of delivery of a controlled substance to provide that a person commits such offense if he or she knowingly distributes or delivers a schedule I or schedule II controlled substance and serious physical injury or death results from the use of such controlled substance. If serious physical injury results, then the offense is a class B felony. If death results, then the offense is a class A felony. Additionally, for such offense, it shall not be a defense that the user contributed to the user's own serious physical injury or death by using the controlled substance or consenting to the administration of the controlled substance by another individual.

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 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).

MARY GRACE PRINGLE