HB 1239 | Victims of certain crimes may attend all proceedings, regardless whether they are also a witness |
HB 1239 - This act allows victims of certain crimes to be
present at all criminal justice proceedings at which a defendant
has the right to be present, regardless of whether the victim is
also a witness in the proceeding.
JOAN GUMMELS
SA 1 - PROHIBITS VISITATION FOR A NONCUSTODIAL PARENT WHO HAS BEEN CONVICTED OF, OR PLED GUILTY TO, ANY OF THE FOLLOWING WHEN THAT PERSON'S CHILD IS THE VICTIM: 1) A FELONY VIOLATION OF CHAPTER 566, RSMO (INCLUDES RAPE, SODOMY, CHILD MOLESTATION AND SEXUAL ASSAULT); 2) SECTION 568.020, RSMO (INCEST); OR 3) ANY OFFENSE COMMITTED IN ANOTHER STATE WHICH WOULD BE A FELONY VIOLATION UNDER CHAPTER 566, RSMO, OR A VIOLATION OF SECTION 568.020, RSMO, IF COMMITTED IN MISSOURI. (IDENTICAL TO SB 556.) SA 2 - REQUIRES LOCAL LAW ENFORCEMENT AGENCIES TO DETERMINE WHETHER HOMICIDES ARE RELATED TO DOMESTIC VIOLENCE, AND TO REPORT SUCH FINDINGS TO THE MISSOURI STATE HIGHWAY PATROL ON FORMS THAT THE PATROL SHALL DEVELOP AND DISTRIBUTE BY OCTOBER 1, 1998. THE HIGHWAY PATROL SHALL COMPILE ANNUAL REPORTS BASED ON THE INFORMATION. (IDENTICAL TO SB 673.) SA 3 - ESTABLISHES THE CRIME OF LEAVING THE SCENE OF A SHOOTING WITHOUT NOTIFYING LAW ENFORCEMENT, WHICH IS A CLASS A MISDEMEANOR FOR A FIRST OFFENSE AND A CLASS D FELONY FOR A SECOND AND SUBSEQUENT OFFENSE. (IDENTICAL TO SB 493.) SSA 1 FOR SA 4, AS AMENDED - VICTIM NOT EXCLUDED FROM PROCEEDING EXCEPT BY ORDER OF COURT WHERE PRESENCE OF WITNESS WOULD BE PREJUDICIAL, OR SO LONG AS PROSECUTOR ASSURES THAT THE VICTIM WILL NOT BE CALLED AS A WITNESS BY THE STATE, OR AT ANY TIME AFTER THE VICTIM HAS TESTIFIED.