DEFINITIONS: Definition of 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 practitioner in the definition of manufacture. The requirement that a person be aware of illegal nature of substance no longer required to show possession.

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.

ARMED NARCOTICS TRANSACTIONS: Creates new Class B felony of having a deadly weapon on or about person while committing felony violation of Chapter 195, RSMo. Weapon does not need to be used in the commission of the crime.

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.

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. Amounts of methamphetamine are the same as the amounts used for heroin. For trafficking in the first degree, distribution, delivery, manufacture of 30 grams up to 60 grams of methamphetamine is a Class A felony; over 60 grams is Class A without probation or parole. If offense was near school, hospital, hotel, or in a motor vehicle, offense is a Class A felony without probation or parole. For trafficking in the second degree, possession of 30 grams up to 60 grams of methamphetamine is a Class B felony; 60 up to 450 grams is Class A; 450 grams or more is Class A without probation or parole.

DEPARTMENT OF HEALTH: Adds hydrochloride acid, iodine and red phosphorous to list of chemicals whose sales must be reported to the Department of Health.

PRECURSORS: Possession of precursor ingredients of methamphetamine 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.

MULTIJURISDICTIONAL ENFORCEMENT GROUPS (MEGs): 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.

LIQUOR LICENSES: Current law provides for automatic revocation of license for liquor control law violation; adds language to allow automatic revocation for felony violation of Chapter 195, RSMo, in the course of business.

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.

CHILD ENDANGERMENT: Adds the element of aiding, through payment or coercion, a person under seventeen to manufacture, sell, transport or test amphetamine or methamphetamine.

JOAN GUMMELS