To repeal sections 70.820, 252.085 and 575.010, RSMo 1994, and section 571.030, RSMo Supp. 1996, relating to criminal procedure, and to enact in lieu thereof seven new sections relating to the same subject, with penalty provisions.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section A. Sections 70.280, 252.085 and 575.010, RSMo 1994, and section 571.030, RSMo Supp. 1996, are repealed and seven new sections enacted in lieu thereof, to be known as sections 70.280, 252.085, 571.030, 575.010, 575.335, 575.337 and 577.068, to read as follows:

     70.820. 1. Any peace officer of a county or a peace officer of any political subdivision who has completed the basic police training program as promulgated by chapter 590, RSMo, shall have the authority to respond to an emergency situation outside the boundaries of the political subdivision from which [he derives his] such peace officer's authority is derived.

     2. Before a peace officer shall have the authority to respond to an emergency situation outside the boundaries of the political subdivision from which the [officer derives his] officer's authority is derived pursuant to subsection 1 of this section, the authority shall be first authorized by ordinance, order, or other ruling by the governing body of the political subdivision from which the officer derives [his] such officer's authority and by the governing body of the political subdivision in which the emergency situation is alleged to be occurring and by the board of police established by section 84.020, RSMo, or by the board of police commissioners established by section 84.350, RSMo, if the officer derives [his] such officer's authority from either board or if the emergency situation is alleged to be occurring within the jurisdiction of either board.

     3. As used in this section, "emergency situation" means any situation in which the peace officer has a reasonable belief that a crime is about to be committed, is being committed, or has been committed involving injury or threat of injury to any person, property, or governmental interest and [his] such officer's response is reasonably necessary to prevent or end such emergency situation or mitigate the likelihood of injury involved in such emergency situation. The determination of the existence of any emergency situation shall be in the discretion of the peace officer making the response or in the discretion of a peace officer or governmental officer of the political subdivision in which the emergency situation is alleged to be occurring.

     4. As used in this section, "response" shall mean to take any and all action which the peace officer may lawfully take as if exercising [his] such officer's powers within [his] such officer's own jurisdiction.

     5. In addition to the emergency response powers prescribed in subsection 1 of this section, any peace officer of a county of the first classification with a charter form of government, or any peace officer of any political subdivision within any county of the first classification with a charter form of government, or any peace officer of any city not within a county, who has completed the basic peace training program pursuant to chapter 590, RSMo, may arrest persons who violate any provision of state law within the boundaries of any county of the first classification or of any city not within a county.

     6. In addition to the powers prescribed in subsections 1 and 5 of this section, section 544.216, RSMo, and any other arrest powers, any peace officer certified by the peace officer standards and training commission may arrest on view or immediately thereafter for any crime and without a warrant, at any place within this state, any person the peace officer sees asserting physical force or using forcible compulsion for the purpose of causing or creating a substantial risk of death or serious physical injury to any person.

     252.085. All authorized agents of the commission who have attained proper certification as peace officers in accordance with the provisions of chapter 590, RSMo, and all authorized agents of the commission who attain proper certification as instructors under chapter 590, RSMo, are hereby declared to be officers of the state of Missouri and shall be so deemed and taken in all courts having jurisdiction of offenses against the laws of this state. All such agents shall have full power and authority as now or hereafter vested by law in peace officers when working with and at the special request of the sheriff of any county, or the chief of police of any city, or under the direction of the superintendent of the state highway patrol; except that the authorized agent of the commission who is working in any county as provided in this section and section 252.225 and at the request of any agency other than that of the county sheriff's department shall notify immediately the sheriff or the sheriff's designee of the county where the request originated. A conservation agent certified as a peace officer shall have authority to arrest on view, and without warrant, any person he sees violating or who he has reasonable grounds to believe has violated any law of this state. When a certified peace officer of the commission is in pursuit of a violator or suspected violator and is unable to arrest such violator or suspected violator within such officer's jurisdiction, such officer shall be and is hereby authorized to continue in pursuit of such violator or suspected violator in order to arrest such violator or suspected violator. All such agents may arrest, without warrant or process of any kind, any person who they have probable cause to believe has committed or is in the process of committing any violation of the laws of the state of Missouri, on all lands owned, operated, managed, or leased by the commission. All such agents shall also be declared to be peace officers of the state of Missouri and shall have jurisdiction and may arrest, without warrant or process of any kind, any person who they have probable cause to believe has committed or is in the process of committing a violation of section 569.055, 569.065, 569.067, 569.100, 569.120, 569.140, or 569.150, RSMo, except that no arrest without warrant may be made on any lands not owned, operated, managed or leased by the commission for violations of section 569.100, 569.120, 569.140, or 569.150, RSMo, except upon the complaint of the landowner upon whose land such alleged violation occurred and no arrest may be made without a warrant for the commission of a misdemeanor committed outside the presence of the agent.

     571.030. 1. A person commits the crime of unlawful use of weapons if he knowingly:

     (1) Carries concealed upon or about his person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use; or

     (2) Sets a spring gun; or

     (3) Discharges or shoots a firearm into a dwelling house, a railroad train, boat, aircraft, or motor vehicle as defined in section 302.010, RSMo, or any building or structure used for the assembling of people; or

     (4) Exhibits, in the presence of one or more persons, any weapon readily capable of lethal use in an angry or threatening manner; or

     (5) Possesses or discharges a firearm or projectile weapon while intoxicated; or

     (6) Discharges a firearm within one hundred yards of any occupied school house, courthouse, or church building; or

     (7) Discharges or shoots a firearm at a mark, at any object, or at random, on, along or across a public highway or discharges or shoots a firearm into any outbuilding; or

     (8) Carries a firearm or any other weapon readily capable of lethal use into any church or place where people have assembled for worship, or into any school, or into any election precinct on any election day, or into any building owned or occupied by any agency of the federal government, state government, or political subdivision thereof, or into any public assemblage of persons met for any lawful purpose; or

     (9) Discharges or shoots a firearm at or from a motor vehicle, as defined in section 301.010, RSMo, while within any city, town, or village, and discharges or shoots a firearm at any person, or at any other motor vehicle, or at any building or habitable structure, unless the person was lawfully acting in self-defense.

     2. Subdivisions (1), (3), (4), (6), (7), (8) and (9) of subsection 1 of this section shall not apply to or affect any of the following:

     (1) All state, county and municipal law enforcement officers possessing the duty and power of arrest for violation of the general criminal laws of the state or for violation of ordinances of counties or municipalities of the state, whether such officers are within or outside their jurisdictions or on or off duty, or any person summoned by such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer;

     (2) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime;

     (3) Members of the armed forces or national guard while performing their official duty;

     (4) Those persons vested by article V, section 1 of the Constitution of Missouri with the judicial power of the state and those persons vested by article III of the Constitution of the United States with the judicial power of the United States, the members of the federal judiciary;

     (5) Any person whose bona fide duty is to execute process, civil or criminal;

     (6) Any federal probation officer; [and]

     (7) Any corporate security advisor meeting the definition and fulfilling the requirements of the regulations established by the board of police commissioners under section 84.340, RSMo[.];

     (8) Any peace officer retired from service as a peace officer, provided such person was, prior to retirement, certified as a peace officer pursuant to chapter 590, RSMo;

     (9) Any retired Missouri state court judge who meets the requirements of subsection 3 of this section; and

     (10) Any active or retired Missouri prosecuting or circuit attorney who meets the requirements of subsection 3 of this section.

     3. An active or retired prosecuting attorney or retired state court judge who does not have a valid permit to carry a firearm shall complete eight hours of firearms safety training with a federal, state or local law enforcement agency before such attorney, retired attorney or retired judge may be exempted from the provisions of subsection 1 of this section.

     [3.] 4. Subdivisions (1), (5) and (8) of subsection 1 of this section do not apply when the actor is transporting such weapons in a nonfunctioning state or in an unloaded state when ammunition is not readily accessible or when such weapons are not readily accessible. Subdivision (1) of subsection 1 of this section does not apply when the actor is also in possession of an exposed firearm or projectile weapon for the lawful pursuit of game, or is in his dwelling unit or upon business premises over which the actor has possession, authority or control, or is traveling in a continuous journey peaceably through this state.

     [4.] 5. Unlawful use of weapons is a class D felony unless committed under subdivision (5), (6), (7) or (8) of subsection 1 of this section, in which cases it is a class B misdemeanor, or subdivision (9) of subsection 1 of this section, in which case it is a class B felony, except that if the violation of subdivision (9) of subsection 1 of this section results in injury or death to another person, it is a class A felony.

     [5.] 6. Violations of subdivision (9) of subsection 1 of this section shall be punished as follows:

     (1) For the first violation a person shall be sentenced to the maximum authorized term of imprisonment for a class B felony;

     (2) For any violation by a prior offender as defined in section 558.016, RSMo, a person shall be sentenced to the maximum authorized term of imprisonment for a class B felony without the possibility of parole, probation or conditional release for a term of ten years;

     (3) For any violation by a persistent offender as defined in section 558.016, RSMo, a person shall be sentenced to the maximum authorized term of imprisonment for a class B felony without the possibility of parole, probation, or conditional release;

     (4) For any violation which results in injury or death to another person, a person shall be sentenced to an authorized disposition for a class A felony.

     [6.] 7. Any person knowingly aiding or abetting any other person in the violation of subdivision (9) of subsection 1 of this section shall be subject to the same penalty as that prescribed by this section for violations by other persons.

     575.010. The following definitions shall apply to chapters 575 and 576, RSMo:

     (1) "Affidavit" means any written statement which is authorized or required by law to be made under oath, and which is sworn to before a person authorized to administer oaths;

     (2) "Government" means any branch or agency of the government of this state or of any political subdivision thereof;

     (3) "Judicial proceeding" means any official proceeding in court, or any proceeding authorized by or held under the supervision of a court;

     (4) "Juror" means a grand or petit juror, including a person who has been drawn or summoned to attend as a prospective juror;

     (5) "Jury" means a grand or petit jury, including any panel which has been drawn or summoned to attend as prospective jurors;

     (6) "Official proceeding" means any cause, matter, or proceeding where the laws of this state require that evidence considered therein be under oath or affirmation;

     (7) "Police animal" means a dog, horse or other animal used in law enforcement;

     [(7)] (8) "Public record" means any document which a public servant is required by law to keep;

     [(8)] (9) "Testimony" means any oral statement under oath or affirmation;

     [(9)] (10) "Victim" means any natural person against whom any crime is deemed to have been perpetrated or attempted;

     [(10)] (11) "Witness" means any natural person:

     (a) Having knowledge of the existence or nonexistence of facts relating to any crime; or

     (b) Whose declaration under oath is received as evidence for any purpose; or

     (c) Who has reported any crime to any peace officer or prosecutor; or

     (d) Who has been served with a subpoena issued under the authority of any court of this state.

     575.335. 1. A person commits the crime of killing a police animal when he knowingly causes the death of a police animal when that animal is involved in a law enforcement investigation or apprehension, or the animal is in the custody of or under the control of a law enforcement officer or a department of corrections officer.

     2. Killing a police animal is a class D felony.

     575.337. 1. A person commits the crime of assault on a police animal when he knowingly attempts to kill or knowingly causes or attempts to cause serious physical injury to a police animal when that animal is involved in law enforcement investigation or apprehension, or the animal is in the custody of or under the control of a law enforcement officer or a department of corrections officer.

     2. Assault on a police animal is a class D felony.

     577.068. 1. A person commits the crime of leaving the scene of a shooting when, being in possession of a firearm or projectile weapon as defined in section 571.010, RSMo, such person discharges such firearm or projectile weapon and causes injury or death to another person and such person, knowing that he has caused such injury or death, leaves the place of the shooting without giving his name, address, and driver's license number, if applicable, to a law enforcement officer. If no such officer is in the vicinity where the shooting occurs, the person must provide such information to the nearest police station or law enforcement officer. A person is not in violation of this section if he leaves the scene of a shooting in order to obtain medical assistance or contact law enforcement authorities to notify them of the shooting, so long as such person returns to the scene of the shooting or otherwise provides the information required by this section to a law enforcement officer within a reasonable time after the shooting.

     2. All peace officers and reserve peace officers certified under the provisions of chapter 590, RSMo, shall have authority to investigate shootings and arrest a person who violates subsection 1 of this section, except that conservation agents may enforce such provisions as to hunting related shootings. For the purpose of this section, a hunting related shooting shall be defined as any shooting in which a person is injured as a result of hunting activity that involves the discharge of a hunting weapon.

     3. Leaving the scene of a shooting is a class A misdemeanor, except that it is a class D felony if the person has previously pled guilty to or been found guilty of a violation of this section.