HB 0800 | Miscellaneous Criminal Law Revisions |
SCS/HCS/HBs 800, 812, 817 & 821 - This act establishes the following crimes: 1) eluding a law enforcement official by use of a motor vehicle; 2) participating in combative fighting; 3) leaving the scene of an accident where serious physical injury results; 4) unauthorized jumping from a boat.
ELUDING LAW ENFORCEMENT OFFICIAL BY USE OF A MOTOR VEHICLE: A person commits this crime if he operates a vehicle after receiving a signal indicating that he should stop, when the officer has probable cause to arrest, and does one of the following: 1) purposely increases his speed or turns off his lights; or 2) purposely attempts, in any other manner, to elude the official; or 3) actually eludes such official. Eluding a law enforcement official is a Class A misdemeanor except such crime is a Class D felony if such person causes serious physical injury.
COMBATIVE FIGHTING: A person commits the crime of combative fighting if he promotes or participates in any manner in combative fighting, which includes "toughman competitions". Combative fighting is a Class D felony.
LEAVING THE SCENE OF AN ACCIDENT: A person who causes serious physical injury or death through his negligence and who leaves the scene of such accident without notifying law enforcement officials is guilty of a Class A misdemeanor. A person who commits a second or subsequent violation is guilty of a Class D felony. This provision is similar to SB 514.
UNAUTHORIZED JUMPING FROM A BOAT OR BRIDGE: It is a crime to jump or dive from a commercial passenger boat without permission of the operator of such boat. Unauthorized jumping from a boat is a Class C misdemeanor. It is also a Class C misdemeanor to jump from a public bridge. These provisions are similar to SCS/SB 642/819.
TELEPHONE SEARCH WARRANTS: Prosecutors and law enforcement officials may obtain search warrants without making written application to the court. Instead, the prosecutor may give voice authorization for the applicant to place the prosecutor's signature on a warrant application. The applicant for the warrant may then make a statement under oath to the judge. Such statement shall be recorded, transcribed and filed with the court. Sample forms are included in the act for the officer's application for a telephone search warrant. This provision is similar to SB 885.
MISCELLANEOUS PROVISIONS: Any person arrested without a warrant for an alleged misdemeanor shall be discharged within 24 hours from the time of arrest, up from 20 hours under current law, but may be released after 14 hours if such person posts bond with the court. For an arrest without a warrant on an alleged felony, a person shall be discharged within 48 hours, up from 20 hours under current law, from the time of arrest, but may be released after 24 hours upon posting bond.
An Highway Patrol officer, sheriff, or deputy sheriff may arrest a person on view anywhere in the state, and without a warrant, when such officer sees physical force being exerted which creates a risk of injury or death.
The following criminal laws are amended: tampering with a judicial officer under Section 565.084, RSMo; burglary in the second degree under Section 569.170, RSMo; institutional vandalism under Section 574.085, RSMo; concealing an offense under Section 575.020, RSMo; hindering prosecution under Section 575.030, RSMo; and making a false bomb report under Section 575.090, RSMo. For the crime of false bomb reports, the penalty is increased from a Class A misdemeanor to a Class D felony and a person found guilty must register with law enforcement.
The statute of limitations for a child victim of a sexual offense is ten years from the date of the offense or ten years after the victim's fourteenth birthday, whichever occurs later.
If a mental state is required for a certain element of a crime, such required mental state shall not be extended for every other element of such crime.
Judges are no longer exempt from the following weapons
offenses under Section 571.030, RSMo: 1) discharging a firearm
at any mark or object; and 2) discharging a firearm at a motor
vehicle. Other exemptions shall continue to apply so long as the
judge was acting in self-defense.
JAMES KLAHR