HCS/SCS/SB 532, 806 & 633 - This act revises many provisions regarding sale and use of controlled substances, and adds various new provisions relating to methamphetamine.

DEFINITIONS: Definition of an imitation controlled substance currently includes exemption for noncontrolled substance that was initially introduced into commerce before the controlled substance, which is deleted in this act. The act also removes the exemption for personal use of a practitioner in the definition of manufacture. The requirement that a person be aware of illegal nature of substance is deleted from the definition of possession.

DEPARTMENT OF HEALTH: Allows the Department to terminate any restriction if a registrant has remained in compliance since the date of imposition. Allows Department cooperation in providing information to help prevent the distribution of materials used in the illicit manufacture of controlled substances. No registration shall be granted to any person who has been found guilty or pled guilty for any misdemeanor offense related to controlled substances within 2 years, or any felony offense within 7 years. Adds sulfuric acid, iodine and red phosphorous to list of chemicals whose sales must be reported to the Department of Health. Lists the manner in which the Department may discipline a registration.

DISTRIBUTION OF CONTROLLED SUBSTANCE: An attempt to distribute, deliver, manufacture or produce controlled substance except 5 grams or less of marijuana is penalized the same as the act itself (Class B felony).

TRAFFICKING: An attempt to commit trafficking in the first or second degree shall be penalized as the same class of felony as the act itself when the substance involved is amphetamine or methamphetamine. For trafficking in the first degree, distribution, delivery, manufacture of 30 grams up to 90 grams of amphetamine or methamphetamine is a Class A felony; over 90 grams is Class A without probation or parole. If offense was within two thousand feet of a school, public housing, hotel, or in a motor vehicle, the offense is a Class A felony without probation or parole. For trafficking in the second degree, possession of 30 grams up to 90 grams of amphetamine or methamphetamine is a Class B felony; 90 up to 450 grams is a Class A felony; 450 grams or more is a Class A felony without probation or parole.

POSSESSION OF PARAPHERNALIA: Currently the use of, or possession with the intent to use, drug paraphernalia is a class A misdemeanor. If the person uses or possesses with the intent to use the paraphernalia in combination with each other to manufacture amphetamine or methamphetamine, it is a Class D felony.

PRECURSORS: Possession of precursor ingredients of methamphetamine is added to crime of possession with intent to manufacture controlled substance. Penalty increased from Class D to Class C felony. State allowed use of expert witnesses to prove status of chemical as precursor. In addition, providing precursor material to another person knowing that the other person intends to use the material for the illegal production of a controlled substance is a Class D felony.

MULTIJURISDICTIONAL ENFORCEMENT GROUPS (MEGs): Allows counties bordering another state and any political subdivision within that county to enter into an agreement with the political subdivisions in the bordering state's contiguous county to form a MEG for the enforcement of drug laws. The other state's law enforcement officers may be deputized in a political subdivision of this state pursuant to the agreement. MEGs are eligible to receive state grants. In addition, the act amends the provisions regarding MEGs to limit state funding to those formed by counties of the second, third and fourth classification and municipalities of such counties. A MEG policy board shall be composed of an elected official or designee and the sheriff of each participating county or municipality to oversee its operations, and shall report to the Department of Public Safety. One person shall be named to act as the financial officer of the MEG. The Department Of Public Safety shall monitor the programs and file an annual report to the Governor and the General Assembly.

TREATMENT PROGRAMS: The Department of Corrections treatment program shall be for offenders with serious substance abuse addictions, instead of only cocaine addictions. In addition, the act requires a court to order a defendant on probation for a violation of Chapter 195, RSMo, to begin a required educational assessment and community treatment program within 60 days, at the defendant's cost. If the person is on probation after a period of incarceration pursuant to Section 559.115, the judge has discretion to order the person to participate in the treatment program. The act creates the Correctional Substance Abuse Earnings Fund, to receive the fees paid for the treatment program, which shall be appropriated only for assistance in securing alcohol and drug rehabilitation services.

LIQUOR CONTROL LICENSES: Any felony violation of Chapter 195, RSMo, in the course of business shall result in the automatic revocation of a license.

LAB REPORTS: Reports from any federal crime laboratory shall be admissible at a preliminary hearing, following the same procedure as for reports from any crime lab within the state.

CHILD ENDANGERMENT: The following acts are included in the crime of endangering the welfare of a child in the first degree: aiding, through payment or coercion, a person under seventeen to manufacture, sell, transport or test amphetamine or methamphetamine or to obtain any material used in such acts; knowingly encouraging or causing a child less than seventeen to engage in conduct which is a violation of Chapter 195, RSMo; or to manufacture, sell, transport or test amphetamine or methamphetamine in the presence of a person less than seventeen. Penalty enhanced to Class C felony for second or subsequent offense.

STEALING: Currently, stealing of an item worth more than $150 is a Class D felony. The act raises the threshold for felony stealing to $750, and makes stealing of any item with a value less than $750 a Class D felony if it is with the intent to use the item to manufacture, sell, transport or test amphetamine or methamphetamine or any of their analogues. Stealing any amount of anhydrous ammonia shall be a Class D felony.

DRUG COURTS: The act contains enabling language for circuit courts to establish drug courts. A drug court shall combine judicial supervision, drug testing and treatment of participants. Upon successfully completing the treatment program, the case against a participant may be dismissed, reduced or modified. Circuit courts may appoint a drug court commissioner, for a term of four years. Judgments of a commissioner shall be confirmed or rejected by a circuit judge. The defendant must be nonviolent to be eligible, a determination made by the prosecuting attorney. Statements made as a result of participation in the program are not admissible as evidence in any proceeding, but reasons for any termination from the program may be considered in sentencing. State agencies shall provide drug court staff access to all relevant records regarding the participant, which shall be treated as closed records.

UNLAWFUL ENDANGERMENT OF PROPERTY: Section 569.085, RSMo, is moved to Chapter 195, RSMo. Penalty is increased from Class C to Class B felony if personal injury results, and to Class A felony if serious personal injury results.

TELEPHONIC SEARCH WARRANTS: An officer seeking a search warrant over the telephone must first receive authorization from the prosecuting attorney to place the attorney's signature on the warrant. The officer then contacts the judge and states, under oath, the reasons why a telephonic search warrant be issued. This statement shall be recorded, transcribed and filed with the court. A warrant issued over the telephone allows an officer to conduct a search on short notice and during nighttime hours. The act also makes it a Class A misdemeanor to intercept a cellular or radio transmission and publish the contents of such transmission to a person other than the intended recipient.
JOAN GUMMELS