FOR
SENATE BILL NO. 842
AN ACT
To repeal section 217.360, RSMo Supp. 1997, relating to offenses committed on the premises of correctional centers, and to enact in lieu thereof one new section relating to the same subject.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:
Section A. Section 217.360, RSMo Supp. 1997, is repealed and one new section enacted in lieu thereof, to be known as section 217.360, to read as follows:
217.360. 1. It shall be an offense for any person to knowingly deliver, attempt to deliver, have in his possession, deposit or conceal in or about the premises of any correctional center:
(1) Any controlled substance as that term is defined by law, except upon the written prescription of a licensed physician, dentist, or veterinarian;
(2) Any other alkaloid of any [kind] controlled substance, any spirituous or malt liquor, or any intoxicating liquor as defined in section 311.020, RSMo;
(3) Any article or item of personal property which an offender is prohibited by law or by rule and regulation of the division from receiving or possessing;
(4) Any gun, knife, weapon, or other article or item of personal property that may be used in such manner as to endanger the safety or security of the correctional center or as to endanger the life or limb of any offender or employee of such a center.
2. The violation of subdivision (1) of subsection 1 of this section shall be a class C felony; the violation of subdivision (2) of subsection 1 of this section shall be a class D felony; the violation of subdivision (3) of subsection 1 of this section shall be a class A misdemeanor; and the violation of subdivision (4) of subsection 1 of this section shall be a class B felony.
3. Any person who has been found guilty of or has pled guilty to a violation of subdivision (2) of subsection 1 of this section involving any alkaloid shall be entitled to expungement of the record of the violation. The procedure to expunge the record shall be pursuant to section 610.123, RSMo. The record of any person shall not be expunged if such person has been found guilty of or has pled guilty to knowingly delivering, attempting to deliver, having in his possession, or depositing or concealing any alkaloid of any controlled substance in or about the premises of any correctional center.