HCB9

Modifies provisions relating to criminal proceedings

How we find this

Bill text is published alongside proposed bills on the Missouri House and Senate web sites in PDF form. We scrape these PDFs and republish that information in plain text.

Bill Text from March 31, 2017 - Introduced

FIRST REGULAR SESSION

HOUSE COMMITTEE BILL NO. 9

99TH GENERAL ASSEMBLY

2377H.01I

D. ADAM CRUMBLISS, Chief Clerk

INTRODUCED BY REPRESENTATIVE MCGAUGH.

AN ACT

To repeal sections 43.505, 43.530, 167.117, 302.341, 302.441, 304.351, 476.385, 479.170, 488.029, 488.5320, 491.060, 491.075, 491.600, 492.304, 513.653, 544.250, 556.036, 556.037, 556.046, 556.061, 557.035, 557.036, 558.021, 558.046, 559.115, 559.117, 565.076, 565.091, 566.010, 566.030, 566.032, 566.060, 566.062, 566.125, 574.010, 575.280, 577.001, 577.010, 577.060, 589.414, 589.660, 589.663, 595.045, and 650.330, RSMo, and to enact in lieu thereof forty-seven new sections relating to criminal proceedings, with penalty provisions.

Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Sections 43.505, 43.530, 167.117, 302.341, 302.441, 304.351, 476.385, 479.170, 488.029, 488.5320, 491.060, 491.075, 491.600, 492.304, 513.653, 544.250, 556.036, 556.037, 556.046, 556.061, 557.035, 557.036, 558.021, 558.046, 559.115, 559.117, 565.076, 565.091, 566.010, 566.030, 566.032, 566.060, 566.062, 566.125, 574.010, 575.280, 577.001, 577.010, 577.060, 589.414, 589.660, 589.663, 595.045, and 650.330, RSMo, are repealed and forty-seven new sections enacted in lieu thereof, to be known as sections 43.505, 43.530, 167.117, 252.069, 302.341, 302.441, 304.351, 476.385, 479.170, 488.029, 488.5320, 491.060, 491.075, 491.600, 491.630, 492.304, 513.653, 544.250, 556.036, 556.037, 556.046, 556.061, 557.035, 557.036, 558.021, 558.046, 559.115, 559.117, 565.076, 565.091, 566.010, 566.030, 566.032, 566.060, 566.062, 566.123, 566.124, 574.010, 575.280, 577.001, 577.010, 577.060, 589.414, 589.660, 589.663, 595.045, and 650.330, to read as follows:

43.505. 1. The department of public safety is hereby designated as the central repository for the collection, maintenance, analysis and reporting of crime incident activity generated by law enforcement agencies in this state. The department shall develop and operate a uniform

EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

HCB 9 crime reporting system that is compatible with the national uniform crime reporting system operated by the Federal Bureau of Investigation. 2. The department of public safety shall: (1) Develop, operate and maintain an information system for the collection, storage, maintenance, analysis and retrieval of crime incident and arrest reports from Missouri law enforcement agencies; (2) Compile the statistical data and forward such data as required to the Federal Bureau of Investigation or the appropriate Department of Justice agency in accordance with the standards and procedures of the national system; (3) Provide the forms, formats, procedures, standards and related training or training assistance to all law enforcement agencies in the state as necessary for such agencies to report incident and arrest activity for timely inclusion into the statewide system; (4) Annually publish a report on the nature and extent of crime and submit such report to the governor and the general assembly. Such report and other statistical reports shall be made available to state and local law enforcement agencies and the general public through an electronic or manual medium; and federal laws, regulations and orders; and (6) Establish such rules and regulations as are necessary for implementing the provisions of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2000, shall be invalid and void. format prescribed by the department; and department of public safety. [4. Any law enforcement agency that violates this section may be ineligible to receive state or federal funds which would otherwise be paid to such agency for law enforcement, safety or criminal justice purposes.]

  1. Every law enforcement agency in the state shall: (1) Submit crime incident reports to the department of public safety on forms or in the

(5) Maintain the privacy and security of information in accordance with applicable state

(2) Submit any other crime incident information which may be required by the

43.530. 1. For each request requiring the payment of a fee received by the central repository, the requesting entity shall pay a fee of not more than nine dollars per request for

HCB 9 criminal history record information not based on a fingerprint search. In each year beginning on or after January 1, 2010, the superintendent may increase the fee paid by requesting entities by an amount not to exceed one dollar per year, however, under no circumstance shall the fee paid by requesting entities exceed fifteen dollars per request. 2. For each request requiring the payment of a fee received by the central repository, the requesting entity shall pay a fee of not more than twenty dollars per request for criminal history record information based on a fingerprint search, unless the request is required under the provisions of subdivision (6) of section 210.481, section 210.487, or section 571.101, in which case the fee shall be fourteen dollars. 3. A request made under subsections 1 and 2 of this section shall be limited to check and search on one individual. Each request shall be accompanied by a check, warrant, voucher, money order, or electronic payment payable to the state of Missouri-criminal record system or payment shall be made in a manner approved by the highway patrol. The highway patrol may establish procedures for receiving requests for criminal history record information for classification and search for fingerprints, from courts and other entities, and for the payment of such requests. There is hereby established by the treasurer of the state of Missouri a fund to be entitled as the "Criminal Record System Fund". No moneys may be expended from the fund without approval of the director of the department of public safety. A portion of these funds to be determined by the director of the department of public safety shall be made available to local and county law enforcement agencies by way of a grant. Notwithstanding the provisions of section 33.080 to the contrary, if the moneys collected and deposited into this fund are not totally expended annually for the purposes set forth in sections 43.500 to 43.543, the unexpended moneys in such fund shall remain in the fund and the balance shall be kept in the fund to accumulate from year to year.

167.117. 1. [In any instance when any person is believed to have committed an act which if committed by an adult would be assault in the first, second or third degree, sexual assault, or deviate sexual assault against a pupil or school employee, while on school property, including a school bus in service on behalf of the district, or while involved in school activities, the principal shall immediately report such incident to the appropriate local law enforcement agency and to the superintendent, except in any instance when any person is believed to have committed an act which if committed by an adult would be assault in the third degree and a written agreement as to the procedure for the reporting of such incidents of third degree assault has been executed between the superintendent of the school district and the appropriate local law enforcement agency, the principal shall report such incident to the appropriate local law enforcement agency in accordance with such agreement.

HCB 9

2.] In any instance when a pupil is discovered to have on or about such pupil's person, or among such pupil's possessions, or placed elsewhere on the school premises, including but not limited to the school playground or the school parking lot, on a school bus or at a school activity whether on or off of school property any controlled substance as defined in section 195.010 or any weapon as defined in subsection 6 of section 160.261 in violation of school policy, the principal shall [immediately] as soon as reasonably practical report such incident to the appropriate local law enforcement agency and to the superintendent, and in any instance when a teacher becomes aware that a pupil is in possession of a controlled substance or any weapon on school property, on any school bus in service on behalf of the school district, or while involved in school activities, the teacher shall as soon as reasonably practical report such incident to the principal. 2. In any instance when a pupil is believed to have committed an act listed in subdivisions (1) to (25) of subsection 2 of section 160.261 on school property, on any school bus in service on behalf of the school district, or while involved in school activities, the principal shall as soon as reasonably practical report such incident to the appropriate law enforcement agency and to the superintendent, and in any instance when a teacher becomes aware that a pupil has committed an act listed in subdivisions (1) to (25) of subsection 2 of section 160.261 on school property, on any school bus in service on behalf of the school district, or while involved in school activities, the teacher shall as soon as reasonably practical report such incident to the principal. 3. [In any instance when a teacher becomes aware of an assault as set forth in subsection 1 of this section or finds a pupil in possession of a weapon or controlled substances as set forth in subsection 2 of this section, the teacher shall immediately report such incident to the principal. 4.] A school employee, superintendent, or such person's designee who in good faith provides information to law enforcement or juvenile authorities pursuant to this section or section 160.261 or provides information to law enforcement or juvenile authorities regarding an instance in which a pupil is believed to have committed an act which, if committed by an adult, would be assault in the third degree as defined in section 565.054 or assault in the fourth degree as defined in section 565.056 shall not be civilly liable for providing such information. [5.] 4. Any school official responsible for reporting pursuant to this section or section 160.261 who willfully neglects or refuses to perform this duty shall be subject to the penalty established pursuant to section 162.091.

252.069. Any agent of the conservation commission may enforce the provisions of sections 577.070 and 577.080 and arrest violators only upon the water, the banks thereof, or upon public land.

HCB 9

302.341. 1. If a Missouri resident charged with a moving traffic violation of this state or any county or municipality of this state fails to dispose of the charges of which the resident is accused through authorized prepayment of fine and court costs and fails to appear on the return date or at any subsequent date to which the case has been continued, or without good cause fails to pay any fine or court costs assessed against the resident for any such violation within the period of time specified or in such installments as approved by the court or as otherwise provided by law, any court having jurisdiction over the charges shall within ten days of the failure to comply inform the defendant by ordinary mail at the last address shown on the court records that the court [will] may order the director of revenue to suspend the defendant's driving privileges if the charges are not disposed of and fully paid within thirty days from the date of mailing at the request of the prosecutor having original jurisdiction. Thereafter, if the defendant fails to timely act to dispose of the charges and fully pay any applicable fines and court costs, the court [shall] may notify the director of revenue of such failure and of the pending charges against the defendant. Upon receipt of this notification, the director shall suspend the license of the driver, effective immediately, and provide notice of the suspension to the driver at the last address for the driver shown on the records of the department of revenue. Such suspension shall remain in effect until the court with the subject pending charge requests setting aside the noncompliance suspension pending final disposition, or satisfactory evidence of disposition of pending charges and payment of fine and court costs, if applicable, is furnished to the director by the individual. The filing of financial responsibility with the bureau of safety responsibility, department of revenue, shall not be required as a condition of reinstatement of a driver's license suspended solely under the provisions of this section. violations as defined in section 479.350.

  1. The provisions of subsection 1 of this section shall not apply to minor traffic

302.441. 1. If a person is required to have an ignition interlock device installed on such person's vehicle, he or she may apply to the court for an employment exemption variance to allow him or her to drive an employer-owned vehicle not equipped with an ignition interlock device for employment purposes only. Such exemption shall not be granted to a person who is self-employed or who wholly or partially owns or controls an entity that owns an employer-owned vehicle. Such exemption by the court may also require that the person submit to continuous alcohol monitoring, as defined in section 577.001, as an additional or alternative requirement to the use of an ignition interlock device. 2. A person who is granted an employment exemption variance under subsection 1 of this section shall not drive, operate, or be in physical control of an employer-owned vehicle used for transporting children under eighteen years of age or vulnerable persons, as defined in section 630.005, or an employer-owned vehicle for personal use.

HCB 9

(2) Preferential right-of-way at an intersection may be indicated by stop signs or yield

304.351. 1. The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway, provided, however, there is no form of traffic control at such intersection. 2. When two vehicles enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the driver of the vehicle on the right. This subsection shall not apply to vehicles approaching each other from opposite directions when the driver of one of such vehicles is attempting to or is making a left turn. 3. The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard. 4. (1) The state highways and transportation commission with reference to state highways and local authorities with reference to other highways under their jurisdiction may designate through highways and erect stop signs or yield signs at specified entrances thereto, or may designate any intersection as a stop intersection or as a yield intersection and erect stop signs or yield signs at one or more entrances to such intersection. signs as authorized in this section: (a) Except when directed to proceed by a police officer or traffic-control signal, every driver of a vehicle approaching a stop intersection, indicated by a stop sign, shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic in the intersecting roadway before entering the intersection. After having stopped, the driver shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on the highway as to constitute an immediate hazard during the time when such driver is moving across or within the intersection. (b) The driver of a vehicle approaching a yield sign shall in obedience to the sign slow down to a speed reasonable to the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway. After slowing or stopping the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time such traffic is moving across or within the intersection. 5. The driver of a vehicle about to enter or cross a highway from an alley, building or any private road or driveway shall yield the right-of-way to all vehicles approaching on the highway to be entered.

HCB 9

  1. Notwithstanding the provisions of section 304.361, violation of this section shall be

  2. The driver of a vehicle intending to make a left turn into an alley, private road or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction when the making of such left turn would create a traffic hazard.

  3. The state highways and transportation commission or local authorities with respect to roads under their respective jurisdictions, on any section where construction or major maintenance operations are being effected, may fix a speed limit in such areas by posting of appropriate signs, and the operation of a motor vehicle in excess of such speed limit in the area so posted shall be deemed prima facie evidence of careless and imprudent driving and a violation of section 304.010. deemed a class C misdemeanor.
  4. In addition to the penalty specified in subsection 8 of this section, any person who pleads guilty to or is found guilty of a violation of this section in which the offender is found to have caused physical injury, there shall be assessed a penalty of up to [two hundred] one thousand dollars, but not less than five hundred dollars. The court may issue an order of suspension of such person's driving privilege for a period of thirty days.
  5. In addition to the penalty specified in subsection 8 of this section, any person who pleads guilty to or is found guilty of a violation of this section in which the offender is found to have caused serious physical injury, there shall be assessed a penalty of up to [five hundred] three thousand dollars, but not less than one thousand dollars. The court [may] shall issue an order of suspension of such person's driving privilege for a period of ninety days.
  6. In addition to the penalty specified in subsection 8 of this section, any person who pleads guilty to or is found guilty of a violation of this section in which the offender is found to have caused a fatality, there shall be assessed a penalty of up to [one] ten thousand dollars, but not less than five thousand dollars. The court [may] shall issue an order of suspension of such person's driving privilege for a period of up to one year, but not less than six months. Such person shall also be required to participate in and successfully complete a driver- improvement program approved by the director of the department of revenue. "serious physical injury" shall have the meanings ascribed to them in section 556.061.
  7. For any court-ordered suspension under subsection 9, 10, or 11 of this section, the director of the department shall impose such suspension as set forth in the court order. The order of suspension shall include the name of the offender, the offender's driver's license number, Social Security number, and the effective date of the suspension. Any appeal of a suspension imposed under subsection 9, 10, or 11 of this section shall be a direct appeal of the court order and subject to review by the presiding judge of the circuit court or another judge within the

  8. As used in subsections 9 and 10 of this section, the terms "physical injury" and

HCB 9 circuit other than the judge who issued the original order to suspend the driver's license. The director of revenue's entry of the court-ordered suspension on the driving record is not a decision subject to review under section 302.311. Any suspension of the driver's license ordered by the court under this section shall be in addition to any other suspension that may occur as a result of the conviction under other provisions of law.

476.385. 1. The judges of the supreme court may appoint a committee consisting of at least seven associate circuit judges, who shall meet en banc and establish and maintain a schedule of fines to be paid for violations of sections 210.104, 577.070, and 577.073, and chapters 252, 301, 302, 304, 306, 307 and 390, with such fines increasing in proportion to the severity of the violation. The associate circuit judges of each county may meet en banc and adopt the schedule of fines and participation in the centralized bureau pursuant to this section. Notice of such adoption and participation shall be given in the manner provided by supreme court rule. Upon order of the supreme court, the associate circuit judges of each county may meet en banc and establish and maintain a schedule of fines to be paid for violations of municipal ordinances for cities, towns and villages electing to have violations of its municipal ordinances heard by associate circuit judges, pursuant to section 479.040; and for traffic court divisions established pursuant to section 479.500. The schedule of fines adopted for violations of municipal ordinances may be modified from time to time as the associate circuit judges of each county en banc deem advisable. No fine established pursuant to this subsection may exceed the maximum amount specified by statute or ordinance for such violation. offenses involving the following: drugs; (3) Operating a vehicle with a counterfeited, altered, suspended or revoked license; (4) Fleeing or attempting to elude an officer. 3. There shall be a centralized bureau to be established by supreme court rule in order to accept pleas of not guilty or guilty and payments of fines and court costs for violations of the laws and ordinances described in subsection 1 of this section, made pursuant to a schedule of fines established pursuant to this section. The centralized bureau shall collect, with any plea of guilty and payment of a fine, all court costs which would have been collected by the court of the jurisdiction from which the violation originated. 4. If a person elects not to contest the alleged violation, the person shall send payment in the amount of the fine and any court costs established for the violation to the centralized bureau. Such payment shall be payable to the central violations bureau, shall be made by mail

(1) Any violation resulting in personal injury or property damage to another person; (2) Operating a motor vehicle while intoxicated or under the influence of intoxicants or

  1. In no event shall any schedule of fines adopted pursuant to this section include

HCB 9 or in any other manner established by the centralized bureau, and shall constitute a plea of guilty, waiver of trial and a conviction for purposes of section 302.302, and for purposes of imposing any collateral consequence of a criminal conviction provided by law. By paying the fine and costs, the person also consents to attendance either online or in person at any driver-improvement program or motorcycle-rider training course ordered by the court and consents to verification of such attendance as directed by the bureau. Notwithstanding any provision of law to the contrary, the prosecutor shall not be required to sign any information, ticket or indictment if disposition is made pursuant to this subsection. In the event that any payment is made pursuant to this section by credit card or similar method, the centralized bureau may charge an additional fee in order to reflect any transaction cost, surcharge or fee imposed on the recipient of the credit card payment by the credit card company. 5. If a person elects to plead not guilty, such person shall send the plea of not guilty to the centralized bureau. The bureau shall send such plea and request for trial to the prosecutor having original jurisdiction over the offense. Any trial shall be conducted at the location designated by the court. The clerk of the court in which the case is to be heard shall notify in writing such person of the date certain for the disposition of such charges. The prosecutor shall not be required to sign any information, ticket or indictment until the commencement of any proceeding by the prosecutor with respect to the notice of violation. 6. In courts adopting a schedule of fines pursuant to this section, any person receiving a notice of violation pursuant to this section shall also receive written notification of the following: (1) The fine and court costs established pursuant to this section for the violation or information regarding how the person may obtain the amount of the fine and court costs for the violation; (2) That the person must respond to the notice of violation by paying the prescribed fine and court costs, or pleading not guilty and appearing at trial, and that other legal penalties prescribed by law may attach for failure to appear and dispose of the violation. The supreme court may modify the suggested forms for uniform complaint and summons for use in courts adopting the procedures provided by this section, in order to accommodate such required written notifications. 7. Any moneys received in payment of fines and court costs pursuant to this section shall not be considered to be state funds, but shall be held in trust by the centralized bureau for benefit of those persons or entities entitled to receive such funds pursuant to this subsection. All amounts paid to the centralized bureau shall be maintained by the centralized bureau, invested in the manner required of the state treasurer for state funds by sections 30.240, 30.250, 30.260 and 30.270, and disbursed as provided by the constitution and laws of this state. Any interest

HCB 9 earned on such fund shall be payable to the director of the department of revenue for deposit into a revolving fund to be established pursuant to this subsection. The state treasurer shall be the custodian of the revolving fund, and shall make disbursements, as allowed by lawful appropriations, only to the judicial branch of state government for goods and services related to the administration of the judicial system. 8. Any person who receives a notice of violation subject to this section who fails to dispose of such violation as provided by this section shall be guilty of failure to appear provided by section 544.665; and may be subject to suspension of driving privileges in the manner provided by section 302.341. The centralized bureau shall notify the appropriate prosecutor of any person who fails to either pay the prescribed fine and court costs, or plead not guilty and request a trial within the time allotted by this section, for purposes of application of section 544.665. The centralized bureau shall also notify the department of revenue of any failure to appear subject to section 302.341, and the [department shall thereupon] prosecutor shall determine whether to suspend the license of the driver in the manner provided by section 302.341[, as if notified by the court].

  1. In addition to the remedies provided by subsection 8 of this section, the centralized bureau and the courts may use the remedies provided by sections 488.010 to 488.020 for the collection of court costs payable to courts, in order to collect fines and court costs for violations subject to this section.

479.170. 1. If, in the progress of any trial before a municipal judge, it shall appear to the judge that the accused ought to be put upon trial for an offense against the criminal laws of the state and not cognizable before him as municipal judge, he shall immediately stop all further proceedings before him as municipal judge and cause the complaint to be made before some associate circuit judge within the county. 2. For purposes of this section, any offense involving the operation of a motor vehicle in an intoxicated condition as defined in section 577.001 shall not be cognizable in municipal court, if the defendant has been convicted, found guilty, or pled guilty to two or more previous intoxication-related traffic offenses as defined in section [577.023] 577.001, or has had two or more previous alcohol-related enforcement contacts as defined in section 302.525.

488.029. There shall be assessed and collected a surcharge of one hundred fifty dollars in all criminal cases for any violation of chapter 195 or chapter 579 in which a crime laboratory makes analysis of a controlled substance, but no such surcharge shall be assessed when the costs are waived or are to be paid by the state or when a criminal proceeding or the defendant has been dismissed by the court. The moneys collected by clerks of the courts pursuant to the provisions of this section shall be collected and disbursed as provided by sections 488.010 to 488.020. All such moneys shall be payable to the director of revenue, who shall deposit all amounts collected

HCB 9 pursuant to this section to the credit of the state forensic laboratory account to be administered by the department of public safety pursuant to section 650.105.

488.5320. 1. Sheriffs, county marshals or other officers shall be allowed a charge for their services rendered in criminal cases and in all proceedings for contempt or attachment, as required by law, the sum of seventy-five dollars for each felony case or contempt or attachment proceeding, ten dollars for each misdemeanor case, and six dollars for each infraction, including cases disposed of by a violations bureau established pursuant to law or supreme court rule. Such charges shall be charged and collected in the manner provided by sections 488.010 to 488.020 and shall be payable to the county treasury; except that, those charges from cases disposed of by a violations bureau shall be distributed as follows: one-half of the charges collected shall be forwarded and deposited to the credit of the MODEX fund established in subsection 6 of this section for the operational cost of the Missouri data exchange (MODEX) system, and one-half of the charges collected shall be deposited to the credit of the inmate security fund, established in section 488.5026, of the county or municipal political subdivision from which the citation originated. If the county or municipal political subdivision has not established an inmate security fund, all of the funds shall be deposited in the MODEX fund. 2. [Notwithstanding subsection 1 of this section to the contrary, sheriffs, county marshals, or other officers in any county with a charter form of government and with more than nine hundred fifty thousand inhabitants or in any city not within a county shall not be allowed a charge for their services rendered in cases disposed of by a violations bureau established pursuant to law or supreme court rule. 3.] The sheriff receiving any charge pursuant to subsection 1 of this section shall reimburse the sheriff of any other county or the City of St. Louis the sum of three dollars for each pleading, writ, summons, order of court or other document served in connection with the case or proceeding by the sheriff of the other county or city, and return made thereof, to the maximum amount of the total charge received pursuant to subsection 1 of this section. [4.] 3. The charges provided in subsection 1 of this section shall be taxed as other costs in criminal proceedings immediately upon a plea of guilty or a finding of guilt of any defendant in any criminal procedure. The clerk shall tax all the costs in the case against such defendant, which shall be collected and disbursed as provided by sections 488.010 to 488.020; provided, that no such charge shall be collected in any proceeding in any court when the proceeding or the defendant has been dismissed by the court; provided further, that all costs, incident to the issuing and serving of writs of scire facias and of writs of fieri facias, and of attachments for witnesses of defendant, shall in no case be paid by the state, but such costs incurred under writs of fieri facias and scire facias shall be paid by the defendant and such defendant's sureties, and costs for attachments for witnesses shall be paid by such witnesses.

HCB 9

[5.] 4. Mileage shall be reimbursed to sheriffs, county marshals and guards for all services rendered pursuant to this section at the rate prescribed by the Internal Revenue Service for allowable expenses for motor vehicle use expressed as an amount per mile. [6.] 5. (1) There is hereby created in the state treasury the "MODEX Fund", which shall consist of money collected under subsection 1 of this section. The fund shall be administered by the peace officers standards and training commission established in section 590.120. The state treasurer shall be custodian of the fund. In accordance with sections 30.170 and 30.180, the state treasurer may approve disbursements. The fund shall be a dedicated fund and, upon appropriation, money in the fund shall be used solely for the operational support and expansion of the MODEX system. (2) Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund. (3) The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund. 6. The MODEX fund may accept funds from federal, state, local, and private entities which utilize the information from the fund to fight fraud and other activities which are in the best interest of law enforcement or the state of Missouri. 7. Any information in MODEX which is open under the provisions of chapter 610 is considered open and is not Criminal Justice Information Services data. Any information in MODEX may be shared with any other law enforcement agency, division, or department of the state of Missouri, or other entity approved by the peace officer standards and training commission, for the purpose of anti-fraud efforts.

491.060. The following persons shall be incompetent to testify: (1) A person who is mentally incapacitated at the time of his or her production for examination; (2) A child under ten years of age, who appears incapable of receiving just impressions of the facts respecting which the child is examined, or of relating them truly; provided, however, that except as provided in subdivision (1) of this section, a child under the age of ten who is alleged to be a victim of [an] or witness to a criminal offense [pursuant to chapter 565, 566 or 568] shall be considered a competent witness and shall be allowed to testify without qualification in any judicial proceeding involving such alleged offense. The trier of fact shall be permitted to determine the weight and credibility to be given to the testimony; client in that relation, or such attorney's advice thereon, without the consent of such client;

(3) An attorney, concerning any communication made to the attorney by such attorney's

HCB 9

(4) Any person practicing as a minister of the gospel, priest, rabbi or other person serving in a similar capacity for any organized religion, concerning a communication made to him or her in his or her professional capacity as a spiritual advisor, confessor, counselor or comforter; (5) A physician licensed pursuant to chapter 334, a chiropractor licensed pursuant to chapter 331, a licensed psychologist or a dentist licensed pursuant to chapter 332, concerning any information which he or she may have acquired from any patient while attending the patient in a professional character, and which information was necessary to enable him or her to prescribe and provide treatment for such patient as a physician, chiropractor, psychologist or dentist.

(1) The court finds, in a hearing conducted outside the presence of the jury that the time,

491.075. 1. A statement made by a child under the age of fourteen, or a vulnerable person, relating to [an] a criminal offense [under chapter 565, 566, 568 or 573,] performed by another, not otherwise admissible by statute or court rule, is admissible in evidence in criminal proceedings in the courts of this state as substantive evidence to prove the truth of the matter asserted if: content and circumstances of the statement provide sufficient indicia of reliability; and (2) (a) The child or vulnerable person testifies at the proceedings; [or]

(b) The child or vulnerable person is unavailable as a witness; [or]

(c) The child or vulnerable person is otherwise physically available as a witness but the court finds that the significant emotional or psychological trauma which would result from testifying in the personal presence of the defendant makes the child or vulnerable person unavailable as a witness at the time of the criminal proceeding; or (d) The statement is offered by the state at any proceeding other than a trial. 2. Notwithstanding subsection 1 of this section or any provision of law or rule of evidence requiring corroboration of statements, admissions or confessions of the defendant, and notwithstanding any prohibition of hearsay evidence, a statement by a child when under the age of fourteen, or a vulnerable person, who is alleged to be victim of [an] a criminal offense [under chapter 565, 566, 568 or 573] is sufficient corroboration of a statement, admission or confession regardless of whether or not the child or vulnerable person is available to testify regarding the offense. 3. A statement may not be admitted under this section unless the prosecuting attorney makes known to the accused or the accused's counsel his or her intention to offer the statement and the particulars of the statement sufficiently in advance of the proceedings to provide the accused or the accused's counsel with a fair opportunity to prepare to meet the statement. admissions or confessions otherwise admissible by law.

  1. Nothing in this section shall be construed to limit the admissibility of statements,

HCB 9

  1. For the purposes of this section, "vulnerable person" shall mean a person who, as a result of an inadequately developed or impaired intelligence or a psychiatric disorder that materially affects ability to function, lacks the mental capacity to consent, or whose developmental level does not exceed that of an ordinary child of fourteen years of age, or any person in the custody, care, or control of the department of mental health who is receiving services from an operated, funded, licensed, or certified program.

(1) An order that a defendant not engage in activity as defined by section 575.270 and

491.600. 1. Any court with jurisdiction over any criminal matter may, in its discretion, upon substantial evidence, which may include hearsay, that intimidation or dissuading of any person who is a victim or who is a witness has occurred or is reasonably likely to occur, issue orders including but not limited to the following: maintain a prescribed geographic distance from a witness or victim; (2) An order that a person before the court other than a defendant, including but not limited to a subpoenaed witness or other person entering the courtroom of said court, not engage in activity as defined by section 575.270, and maintain a prescribed geographic distance from a witness or victim; (3) An order that any person described in subdivision (1) or (2) of this section have no connection whatsoever with any specified witness or any victim, except through an attorney under such reasonable restrictions as the court may impose. 2. Such orders shall be issued by the court at the time of filing in every case involving a child victim, a felony offense under chapter 565, any offense under chapter 566, or any offense under chapter 573.

491.630. 1. For purposes of this section, the term "personal information" shall mean: of victims or witnesses.

(1) Dates of birth; (2) Social Security numbers; (3) Taxpayer identification numbers; (4) Drivers' license numbers; (5) Account numbers of financial accounts; (6) Vehicle identification numbers; (7) Home addresses; (8) Personal telephone numbers; (9) Work addresses; and (10) Work phone numbers;

HCB 9

(1) The names of persons whom the state intends to call as witnesses at any hearing

  1. Except as provided under subsection 7 of this section, the state shall not provide

(2) Any of such persons' written or recorded statements; and (3) Existing memoranda that report or summarize part or all of such persons' oral

  1. Notwithstanding any other provision of law or court rule, the state shall, upon written request of the defendant, disclose to defendant's counsel such part or all of the following material and information within its possession or control: or at the trial; statements. personal information of witnesses or victims.
  2. If the state does provide the defendant's counsel with unredacted personal information of a victim or witness, the defendant's counsel shall not disclose the unredacted identifiers to the defendant or to any other person, directly or indirectly, except as ordered by the court for good cause shown.
  3. If the state provides statements, memoranda, or other documents to the defendant's counsel that contain personal information redacted by the state, the state shall provide notice to the defendant's counsel that such redactions have been made. otherwise covering up such identifiers and shall not be by removal.
  4. The defendant's counsel may petition the court to order disclosure of the personal information of a victim or witness. Upon such a petition by the defendant's counsel, the court may order disclosure of such personal information upon a showing of good cause after notice and a hearing where the court considers the materiality of the information to the defendant's defense and the privacy and safety interests of the victim or witness.
  5. If the state makes the witness available for an interview or deposition, there shall be a rebuttable presumption that the defendant has no need for that witness's personal identifying information.

  6. Any redaction of personal information by the state shall be by blacking out or

492.304. 1. In addition to the admissibility of a statement under the provisions of section 492.303, the visual and aural recording of a verbal or nonverbal statement of a child [when] under the age of fourteen [who is alleged to be a victim of an] or a vulnerable person relating to a criminal offense [under the provisions of chapter 565, 566 or 568] is admissible into evidence if: (1) No attorney for either party was present when the statement was made; except that, for any statement taken at a state-funded child assessment center as provided for in subsection 2 of section 210.001, an attorney representing the state of Missouri in a criminal investigation

HCB 9

(2) The recording is both visual and aural and is recorded on film or videotape or by

(3) The recording equipment was capable of making an accurate recording, the operator

(4) The statement was not made in response to questioning calculated to lead the child may, as a member of a multidisciplinary investigation team, observe the taking of such statement, but such attorney shall not be present in the room where the interview is being conducted; other electronic means; of the equipment was competent, and the recording is accurate and has not been altered; or vulnerable person to make a particular statement or to act in a particular way; (5) Every voice on the recording is identified; (6) The person conducting the interview of the child or vulnerable person in the recording is present at the proceeding and available to testify or be cross-examined by either party; and the recording before it is offered into evidence. 2. If the child or vulnerable person does not testify at the proceeding, the visual and aural recording of a verbal or nonverbal statement of the child or vulnerable person shall not be admissible under this section unless the recording qualifies for admission under section 491.075, or the recording is offered by the state at any proceeding other than trial. 3. If the visual and aural recording of a verbal or nonverbal statement of a child or vulnerable person is admissible under this section and the child or vulnerable person testifies at the proceeding, it shall be admissible in addition to the testimony of the child or vulnerable person at the proceeding whether or not it repeats or duplicates the child's or vulnerable person's testimony. 4. As used in this section, a nonverbal statement shall be defined as any demonstration of the child or vulnerable person by his or her actions, facial expressions, demonstrations with a doll or other visual aid whether or not this demonstration is accompanied by words.

(7) The defendant or the attorney for the defendant is afforded an opportunity to view

513.653. 1. Law enforcement agencies involved in using the federal forfeiture system under federal law shall file a report regarding federal seizures and the proceeds therefrom. Such report shall be filed annually by [January thirty-first] February fifteenth for the previous calendar year with the [department of public safety and the] state auditor's office. The report for the calendar year shall [include the type and value of items seized and turned over to the federal forfeiture system, the beginning balance as of January first of federal forfeiture funds or assets previously received and not expended or used, the proceeds received from the federal government (the equitable sharing amount), the expenditures resulting from the proceeds received, and the ending balance as of December thirty-first of federal forfeiture funds or assets on hand. The department of public safety shall not issue funds to any law enforcement agency

HCB 9 that fails to comply with the provisions of this section] consist of a copy of the federal form entitled "ACA Form - Equitable Sharing Agreement and Certification" which is identical to the form submitted in that year to the federal government. 2. Intentional or knowing failure to comply with the reporting requirement contained in this section shall be a class A misdemeanor, punishable by a fine of up to one thousand dollars. 544.250. 1. No prosecuting or circuit attorney in this state shall file any information charging any person or persons with any felony, until such person or persons shall first have been accorded the right of a preliminary examination before some associate circuit judge in the county where the offense is alleged to have been committed in accordance with this chapter. And if upon such hearing the associate circuit judge shall determine that the alleged offense is one on which the accused may be released, the associate circuit judge may release him as provided in section 544.455 conditioned for his appearance at a time certain before a circuit judge, or associate circuit judge who is specially assigned, and thereafter as directed by the court to answer such charges as may be preferred against him, abide sentence and judgment therein, and not to depart the court without leave; provided, a preliminary examination shall in no case be required where same is waived by the person charged with the crime, or in any case where an information has been substituted for an indictment as authorized by section 545.300. following forms: of his or her sworn probable cause statement without further foundation; or 2. The findings by the court shall be based on evidence, in whole or in part, in the

(1) Testimony of witnesses, including testimony of a witness concerning the contents

(2) Written reports of expert witnesses.

(2) Written reports of expert witnesses. 2. Except as otherwise provided in this section, prosecutions for other offenses must be

556.036. 1. A prosecution for murder, rape in the first degree, forcible rape, attempted rape in the first degree, attempted forcible rape, sodomy in the first degree, forcible sodomy, attempted sodomy in the first degree, attempted forcible sodomy, or any class A felony may be commenced at any time. commenced within the following periods of limitation: violation of section 569.050 or 569.055, five years. nevertheless be commenced for: (2) For any misdemeanor, one year; (3) For any infraction, six months;

(2) For any misdemeanor, one year; (3) For any infraction, six months; (1) For any felony, three years, except as provided in subdivision (4) of this subsection; (4) For any violation of section 569.040, when classified as a class B felony, or any

  1. If the period prescribed in subsection 2 of this section has expired, a prosecution may

HCB 9

(1) Any offense a material element of which is either fraud or a breach of fiduciary obligation within one year after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is himself or herself not a party to the offense, but in no case shall this provision extend the period of limitation by more than three years. As used in this subdivision, the term "person who has a legal duty to represent an aggrieved party" shall mean the attorney general or the prosecuting or circuit attorney having jurisdiction pursuant to section 407.553, for purposes of offenses committed pursuant to sections 407.511 to 407.556; and (2) Any offense based upon misconduct in office by a public officer or employee at any time when the person is in public office or employment or within two years thereafter, but in no case shall this provision extend the period of limitation by more than three years; and (3) Any offense based upon an intentional and willful fraudulent claim of child support arrearage to a public servant in the performance of his or her duties within one year after discovery of the offense, but in no case shall this provision extend the period of limitation by more than three years. 4. An offense is committed either when every element occurs, or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the person's complicity therein is terminated. Time starts to run on the day after the offense is committed. is filed and for a felony when the complaint or indictment is filed. provision extend the period of limitation otherwise applicable by more than three years; [or] or without this state; [or] in this state; [or] to section 552.020; or (5) During any period of time after which a DNA profile is developed from evidence collected in relation to the commission of a crime and included in a published laboratory report until the date upon which the accused is identified by name based upon a match between that DNA evidence profile and the known DNA profile of the accused. For purposes of this section, the term "DNA profile" means the collective results of the DNA analysis of an evidence sample.

  1. The period of limitation does not run: (1) During any time when the accused is absent from the state, but in no case shall this

  2. A prosecution is commenced for a misdemeanor or infraction when the information

(2) During any time when the accused is concealing himself from justice either within

(3) During any time when a prosecution against the accused for the offense is pending

(4) During any time when the accused is found to lack mental fitness to proceed pursuant

HCB 9

556.037. 1. Notwithstanding the provisions of section 556.036, prosecutions for unlawful sexual offenses involving a person eighteen years of age or under [must be commenced within thirty years after the victim reaches the age of eighteen unless the prosecutions are for rape in the first degree, forcible rape, attempted rape in the first degree, attempted forcible rape, sodomy in the first degree, forcible sodomy, kidnapping, kidnapping in the first degree, attempted sodomy in the first degree, or attempted forcible sodomy in which case such prosecutions] may be commenced at any time. offenses for which registration is required under sections 589.400 to 589.425.

  1. For purposes of this section, "sexual offenses" include, but are not limited to, all

556.046. 1. A person may be convicted of an offense included in an offense charged in

(1) It is established by proof of the same or less than all the facts required to establish

(2) It is specifically denominated by statute as a lesser degree of the offense charged; or (3) It consists of an attempt to commit the offense charged or to commit an offense the indictment or information. An offense is so included when: the commission of the offense charged; or otherwise included therein. 2. The court shall not be obligated to charge the jury with respect to an included offense unless there is a rational basis for a verdict acquitting the person of the offense charged and convicting him of the included offense. An offense is charged for purposes of this section if: (1) It is in an indictment or information; or (2) It is an offense submitted to the jury because there is a rational basis for a verdict acquitting the person of the offense charged and convicting the person of the included offense. 3. The court shall be obligated to instruct the jury with respect to a particular included offense only if there is a rational basis in the evidence for acquitting the person of the immediately higher included offense and there is a rational basis in the evidence for convicting the person of that particular included offense. 4. For purposes of this section, "rational basis" means a basis wherein a reasonable juror could draw inferences from the evidence presented that an essential element of the greater offense has not been established and that would warrant convicting the defendant of the lesser offense. 5. It is the intent of the legislature to reject and abrogate earlier case law relating to required lesser-included offense instructions including, but not limited to, the holding in State v. Jackson, 433 S.W.3d 390 (Mo. banc 2014) and all cases citing, interpreting, applying, or following that case. It is the intent of the legislature to apply these provisions retroactively.

HCB 9

556.061. In this code, unless the context requires a different definition, the following

(b) If the defense is submitted to the trier of fact the defendant has the burden of

(3) "Burden of injecting the issue": (a) The issue referred to is not submitted to the trier of fact unless supported by evidence;

(b) If the issue is submitted to the trier of fact any reasonable doubt on the issue requires

(2) "Affirmative defense": (a) The defense referred to is not submitted to the trier of fact unless supported by terms shall mean: (1) "Access", to instruct, communicate with, store data in, retrieve or extract data from, or otherwise make any use of any resources of, a computer, computer system, or computer network; evidence; and persuasion that the defense is more probably true than not; and a finding for the defendant on that issue; (4) "Commercial film and photographic print processor", any person who develops exposed photographic film into negatives, slides or prints, or who makes prints from negatives or slides, for compensation. The term commercial film and photographic print processor shall include all employees of such persons but shall not include a person who develops film or makes prints for a public agency; (5) "Computer", the box that houses the central processing unit (CPU), along with any internal storage devices, such as internal hard drives, and internal communication devices, such as internal modems capable of sending or receiving electronic mail or fax cards, along with any other hardware stored or housed internally. Thus, computer refers to hardware, software and data contained in the main unit. Printers, external modems attached by cable to the main unit, monitors, and other external attachments will be referred to collectively as peripherals and discussed individually when appropriate. When the computer and all peripherals are referred to as a package, the term "computer system" is used. Information refers to all the information on a computer system including both software applications and data; computer hardware associated with a computer system or network; (7) "Computer hardware", all equipment which can collect, analyze, create, display, convert, store, conceal or transmit electronic, magnetic, optical or similar computer impulses or data. Hardware includes, but is not limited to, any data processing devices, such as central processing units, memory typewriters and self-contained laptop or notebook computers; internal and peripheral storage devices, transistor-like binary devices and other memory storage devices,

(6) "Computer equipment", computers, terminals, data storage devices, and all other

HCB 9

(8) "Computer network", two or more interconnected computers or computer systems; (9) "Computer program", a set of instructions, statements, or related data that directs or

(12) "Computer system", a set of related, connected or unconnected, computer such as floppy disks, removable disks, compact disks, digital video disks, magnetic tape, hard drive, optical disks and digital memory; local area networks, such as two or more computers connected together to a central computer server via cable or modem; peripheral input or output devices, such as keyboards, printers, scanners, plotters, video display monitors and optical readers; and related communication devices, such as modems, cables and connections, recording equipment, RAM or ROM units, acoustic couplers, automatic dialers, speed dialers, programmable telephone dialing or signaling devices and electronic tone-generating devices; as well as any devices, mechanisms or parts that can be used to restrict access to computer hardware, such as physical keys and locks; is intended to direct a computer to perform certain functions; (10) "Computer software", digital information which can be interpreted by a computer and any of its related components to direct the way they work. Software is stored in electronic, magnetic, optical or other digital form. The term commonly includes programs to run operating systems and applications, such as word processing, graphic, or spreadsheet programs, utilities, compilers, interpreters and communications programs; (11) "Computer-related documentation", written, recorded, printed or electronically stored material which explains or illustrates how to configure or use computer hardware, software or other related items; equipment, data, or software; (13) "Confinement": (a) A person is in confinement when such person is held in a place of confinement pursuant to arrest or order of a court, and remains in confinement until: release without guard and without condition that he return to confinement; (b) A person is not in confinement if: a. The person is on probation or parole, temporary or otherwise; or b. The person is under sentence to serve a term of confinement which is not continuous, or is serving a sentence under a work-release program, and in either such case is not being held in a place of confinement or is not being held under guard by a person having the legal power and duty to transport the person to or from a place of confinement;

a. A court orders the person's release; or b. The person is released on bail, bond, or recognizance, personal or otherwise; or c. A public servant having the legal power and duty to confine the person authorizes his

HCB 9

(14) "Consent": consent or lack of consent may be expressed or implied. Assent does

(a) It is given by a person who lacks the mental capacity to authorize the conduct charged

(18) "Damage", when used in relation to a computer system or network, means any

(17) "Custody", a person is in custody when he or she has been arrested but has not been

(c) It is induced by force, duress or deception; (15) "Controlled substance", a drug, substance, or immediate precursor in schedules I not constitute consent if: to constitute the offense and such mental incapacity is manifest or known to the actor; or (b) It is given by a person who by reason of youth, mental disease or defect, intoxication, a drug-induced state, or any other reason is manifestly unable or known by the actor to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense; or through V as defined in chapter 195; (16) "Criminal negligence", failure to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow, and such failure constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation; delivered to a place of confinement; alteration, deletion, or destruction of any part of the computer system or network; (19) "Dangerous felony", the felonies of arson in the first degree, assault in the first degree, attempted rape in the first degree if physical injury results, attempted forcible rape if physical injury results, attempted sodomy in the first degree if physical injury results, attempted forcible sodomy if physical injury results, rape in the first degree, forcible rape, sodomy in the first degree, forcible sodomy, assault in the second degree if the victim of such assault is a special victim as defined in subdivision (14) of section 565.002, kidnapping in the first degree, kidnapping, murder in the second degree, assault of a law enforcement officer in the first degree, domestic assault in the first degree, elder abuse in the first degree, robbery in the first degree, statutory rape in the first degree when the victim is a child less than twelve years of age at the time of the commission of the act giving rise to the offense, statutory sodomy in the first degree when the victim is a child less than twelve years of age at the time of the commission of the act giving rise to the offense, child molestation in the first or second degree, abuse of a child if the child dies as a result of injuries sustained from conduct chargeable under section 568.060, child kidnapping, parental kidnapping committed by detaining or concealing the whereabouts of the child for not twenty days under section 565.153, and an "intoxication-related traffic offense" or "intoxication-related boating offense" if the person is found to be a "habitual offender" or "habitual boating offender" as such terms are defined in section 577.001;

less

than one hundred

HCB 9

(23) "Digital camera", a camera that records images in a format which enables the

(20) "Dangerous instrument", any instrument, article or substance, which, under the circumstances in which it is used, is readily capable of causing death or other serious physical injury; (21) "Data", a representation of information, facts, knowledge, concepts, or instructions prepared in a formalized or other manner and intended for use in a computer or computer network. Data may be in any form including, but not limited to, printouts, microfiche, magnetic storage media, punched cards and as may be stored in the memory of a computer; (22) "Deadly weapon", any firearm, loaded or unloaded, or any weapon from which a shot, readily capable of producing death or serious physical injury, may be discharged, or a switchblade knife, dagger, billy club, blackjack or metal knuckles; images to be downloaded into a computer; (24) "Disability", a mental, physical, or developmental impairment that substantially limits one or more major life activities or the ability to provide adequately for one's care or protection, whether the impairment is congenital or acquired by accident, injury or disease, where such impairment is verified by medical findings; thereof may be sentenced to death or imprisonment for a term of more than one year; physical injury or kidnapping of such person or another person; (28) "Incapacitated", a temporary or permanent physical or mental condition in which a person is unconscious, unable to appraise the nature of his or her conduct, or unable to communicate unwillingness to an act; (29) "Infraction", a violation defined by this code or by any other statute of this state if it is so designated or if no sentence other than a fine, or fine and forfeiture or other civil penalty, is authorized upon conviction; entertainment, or public transportation; or (30) "Inhabitable structure", a vehicle, vessel or structure: (a) Where any person lives or carries on business or other calling; or (b) Where people assemble for purposes of business, government, education, religion,

(25) "Elderly person", a person sixty years of age or older; (26) "Felony", an offense so designated or an offense for which persons found guilty

(27) "Forcible compulsion" either: (a) Physical force that overcomes reasonable resistance; or (b) A threat, express or implied, that places a person in reasonable fear of death, serious

(c) Which is used for overnight accommodation of persons.

HCB 9

(31) "Knowingly", when used with respect to: (a) Conduct or attendant circumstances, means a person is aware of the nature of his or

(b) A result of conduct, means a person is aware that his or her conduct is practically Any such vehicle, vessel, or structure is inhabitable regardless of whether a person is actually present. If a building or structure is divided into separately occupied units, any unit not occupied by the actor is an inhabitable structure of another; her conduct or that those circumstances exist; or certain to cause that result; (32) "Law enforcement officer", any public servant having both the power and duty to make arrests for violations of the laws of this state, and federal law enforcement officers authorized to carry firearms and to make arrests for violations of the laws of the United States; (33) "Misdemeanor", an offense so designated or an offense for which persons found guilty thereof may be sentenced to imprisonment for a term of which the maximum is one year or less; (34) "Of another", property that any entity, including but not limited to any natural person, corporation, liability company, partnership, association, governmental subdivision or instrumentality, other than the actor, has a possessory or proprietary interest therein, except that property shall not be deemed property of another who has only a security interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or other security arrangement; of use of any part of the body; (37) "Place of confinement", any building or facility and the grounds thereof wherein a court is legally authorized to order that a person charged with or convicted of a crime be held; (38) "Possess" or "possessed", having actual or constructive possession of an object with knowledge of its presence. A person has actual possession if such person has the object on his or her person or within easy reach and convenient control. A person has constructive possession if such person has the power and the intention at a given time to exercise dominion or control over the object either directly or through another person or persons. Possession may also be sole or joint. If one person alone has possession of an object, possession is sole. If two or more persons share possession of an object, possession is joint; possession or in action;

(35) "Offense", any felony or misdemeanor; (36) "Physical injury", slight impairment of any function of the body or temporary loss

(39) "Property", anything of value, whether real or personal, tangible or intangible, in

limited

HCB 9

(41) "Purposely", when used with respect to a person's conduct or to a result thereof,

(40) "Public servant", any person employed in any way by a government of this state who is compensated by the government by reason of such person's employment, any person appointed to a position with any government of this state, or any person elected to a position with any government of this state. It includes, but is not limited to, legislators, jurors, members of the judiciary and law enforcement officers. It does not include witnesses; means when it is his or her conscious object to engage in that conduct or to cause that result; (42) "Recklessly", consciously disregarding a substantial and unjustifiable risk that circumstances exist or that a result will follow, and such disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation; (43) "Serious emotional injury", an injury that creates a substantial risk of temporary or permanent medical or psychological damage, manifested by impairment of a behavioral, cognitive or physical condition. Serious emotional injury shall be established by testimony of qualified experts upon the reasonable expectation of probable harm to a reasonable degree of medical or psychological certainty; (44) "Serious physical injury", physical injury that creates a substantial risk of death or that causes serious disfigurement or protracted loss or impairment of the function of any part of the body; (45) "Services", when used in relation to a computer system or network, means use of a computer, computer system, or computer network and includes, but is not limited to, computer time, data processing, and storage or retrieval functions; (46) "Sexual orientation", male or female heterosexuality, homosexuality or bisexuality by inclination, practice, identity or expression, or having a self-image or identity not traditionally associated with one's gender; excluding vessels or aircraft; (48) "Vessel", any boat or craft propelled by a motor or by machinery, whether or not such motor or machinery is a principal source of propulsion used or capable of being used as a means of transportation on water, or any boat or craft more than twelve feet in length which is powered by sail alone or by a combination of sail and machinery, and used or capable of being used as a means of transportation on water, but not any boat or craft having, as the only means of propulsion, a paddle or oars; (49) "Voluntary act": (a) A bodily movement performed while conscious as a result of effort or determination. Possession is a voluntary act if the possessor knowingly procures or receives the thing possessed,

(47) "Vehicle", a self-propelled mechanical device designed to carry a person or persons,

HCB 9 or having acquired control of it was aware of his or her control for a sufficient time to have enabled him or her to dispose of it or terminate his or her control; or (b) An omission to perform an act of which the actor is physically capable. A person is not guilty of an offense based solely upon an omission to perform an act unless the law defining the offense expressly so provides, or a duty to perform the omitted act is otherwise imposed by law; (50) "Vulnerable person", a person who, as a result of an inadequately developed or impaired intelligence or a psychiatric disorder that materially affects the ability to function, lacks the mental capacity to consent, or whose developmental level does not exceed that of an ordinary child of fourteen years of age; or any person in the custody, care, or control of the department of mental health who is receiving services from an operated, funded, licensed, or certified program.

557.035. 1. For all violations of section 565.054 or 565.090, subdivision (1) of subsection 1 of section 569.100, or subdivision (1), (2), (3), (4), (6), (7) or (8) of subsection 1 of section 571.030, which the state believes to be knowingly motivated because of race, color, religion, national origin, sex, sexual orientation or disability of the victim or victims, the state may charge the offense or offenses under this section, and the violation is a class D felony. 2. For all violations of section [565.054] 565.056; [subdivisions (1), (3) and (4) of subsection 1 of section 565.090;] subdivision (1) of subsection 1 of section 569.090; subdivision (1) of subsection 1 of section 569.120; section 569.140; or section 574.050; which the state believes to be knowingly motivated because of race, color, religion, national origin, sex, sexual orientation or disability of the victim or victims, the state may charge the offense or offenses under this section, and the violation is a class E felony. proves any of the motivating factors listed in this section.

  1. The court shall assess punishment in all of the cases in which the state pleads and

557.036. 1. Upon a finding of guilt, the court shall decide the extent or duration of sentence or other disposition to be imposed under all the circumstances, having regard to the nature and circumstances of the offense and the history and character of the defendant and render judgment accordingly. 2. Where an offense is submitted to the jury, the trial shall proceed in two stages. At the first stage, the jury shall decide only whether the defendant is guilty or not guilty of any submitted offense. The issue of punishment shall not be submitted to the jury at the first stage. 3. If the jury at the first stage of a trial finds the defendant guilty of the submitted offense, the second stage of the trial shall proceed. The issue at the second stage of the trial shall be the punishment to be assessed and declared. Evidence supporting or mitigating punishment may be presented. Such evidence may include, within the discretion of the court, evidence

HCB 9

(1) The defendant requests in writing, prior to voir dire, that the court assess the

  1. A second stage of the trial shall not proceed and the court, and not the jury, shall concerning the impact of the offense upon the victim, the victim's family and others, the nature and circumstances of the offense, and the history and character of the defendant. Rebuttal and surrebuttal evidence may be presented. The state shall be the first to proceed. The court shall instruct the jury as to the range of punishment authorized by statute for each submitted offense. The attorneys may argue the issue of punishment to the jury, and the state shall have the right to open and close the argument. The jury shall assess and declare the punishment as authorized by statute. assess punishment if: punishment in case of a finding of guilt; or (2) The state pleads and proves the defendant is a prior offender, persistent offender, dangerous offender, or persistent misdemeanor offender as defined in section 558.016[, or a persistent sexual offender or predatory sexual offender as defined in section 566.125]. If the jury cannot agree on the punishment to be assessed, the court shall proceed as provided in subsection 1 of this section. If, after due deliberation by the jury, the court finds the jury cannot agree on punishment, then the court may instruct the jury that if it cannot agree on punishment that the court will assess punishment.
  2. If the jury returns a verdict of guilty in the first stage and declares a term of imprisonment in the second stage, the court shall proceed as provided in subsection 1 of this section except that any term of imprisonment imposed cannot exceed the term declared by the jury unless the term declared by the jury is less than the authorized lowest term for the offense, in which event the court cannot impose a term of imprisonment greater than the lowest term provided for the offense. or persistent misdemeanor offender as defined in section 558.016: section 558.016; or authorized for the class A felony.
  3. The court shall not seek an advisory verdict from the jury in cases of prior offenders, persistent offenders, or dangerous offenders[, persistent sexual offenders or predatory sexual offenders]; if an advisory verdict is rendered, the court shall not deem it advisory, but shall consider it as mere surplusage.

  4. If the defendant is found to be a prior offender, persistent offender, dangerous offender

(1) If he has been found guilty of an offense, the court shall proceed as provided in

(2) If he has been found guilty of a class A felony, the court may impose any sentence

558.021. 1. The court shall find the defendant to be a prior offender, persistent offender, or dangerous offender[, persistent sexual offender or predatory sexual offender] if:

HCB 9

(1) The indictment or information, original or amended, or the information in lieu of an indictment pleads all essential facts warranting a finding that the defendant is a prior offender, persistent offender, or dangerous offender[, persistent sexual offender or predatory sexual offender]; and

(2) Evidence is introduced that establishes sufficient facts pleaded to warrant a finding beyond a reasonable doubt that the defendant is a prior offender, persistent offender, or dangerous offender[, persistent sexual offender or predatory sexual offender]; and

(3) The court makes findings of fact that warrant a finding beyond a reasonable doubt by the court that the defendant is a prior offender, persistent offender, or dangerous offender[, persistent sexual offender or predatory sexual offender].

  1. In a jury trial, the facts shall be pleaded, established and found prior to submission to the jury outside of its hearing, except the facts required by subdivision (1) of subsection 4 of section 558.016 may be established and found at a later time, but prior to sentencing, and may be established by judicial notice of prior testimony before the jury.
  2. In a trial without a jury or upon a plea of guilty, the court may defer the proof and findings of such facts to a later time, but prior to sentencing. The facts required by subdivision (1) of subsection 4 of section 558.016 may be established by judicial notice of prior testimony or the plea of guilty. with the opportunity to present evidence, at such hearings. commitments under sections 557.026 and 557.031. additional information bearing on the issue of sentence.

  3. The defendant may waive proof of the facts alleged.

  4. Nothing in this section shall prevent the use of presentence investigations or

  5. The defendant shall be accorded full rights of confrontation and cross-examination,

  6. At the sentencing hearing both the state and the defendant shall be permitted to present

558.046. The sentencing court may, upon petition, reduce any term of sentence or probation pronounced by the court or a term of conditional release or parole pronounced by the state board of probation and parole if the court determines that: completed a detoxification and rehabilitation program; and misdemeanor offender as defined by section 558.016; or (1) The convicted person was: (b) Convicted of an offense that involved alcohol or illegal drugs; and

(3) The convicted person is not: (a) A prior offender, a persistent offender, a dangerous offender or a persistent

(1) The convicted person was: (b) Convicted of an offense that involved alcohol or illegal drugs; and (a) Convicted of an offense that did not involve violence or the threat of violence; and (2) Since the commission of such offense, the convicted person has successfully

HCB 9

(b) A predatory sexual offender as defined in section 566.123 or a prior sexual offender or a persistent sexual offender as defined in section [566.125] 566.124; or 558.019.

(c) A prior offender, a persistent offender or a class X offender as defined in section

559.115. 1. Neither probation nor parole shall be granted by the circuit court between the time the transcript on appeal from the offender's [conviction] finding of guilt has been filed in appellate court and the disposition of the appeal by such court. 2. Unless otherwise prohibited by subsection 8 of this section, a circuit court only upon its own motion and not that of the state or the offender shall have the power to grant probation to an offender anytime up to one hundred twenty days after such offender has been delivered to the department of corrections but not thereafter. The court may request information and a recommendation from the department concerning the offender and such offender's behavior during the period of incarceration. Except as provided in this section, the court may place the offender on probation in a program created pursuant to section 217.777, or may place the offender on probation with any other conditions authorized by law. 3. The court may recommend placement of an offender in a department of corrections one hundred twenty-day program under this subsection or order such placement under subsection 4 of section 559.036. Upon the recommendation or order of the court, the department of corrections shall assess each offender to determine the appropriate one hundred twenty-day program in which to place the offender, which may include placement in the shock incarceration program or institutional treatment program. When the court recommends and receives placement of an offender in a department of corrections one hundred twenty-day program, the offender shall be released on probation if the department of corrections determines that the offender has successfully completed the program except as follows. Upon successful completion of a program under this subsection, the board of probation and parole shall advise the sentencing court of an offender's probationary release date thirty days prior to release. The court shall follow the recommendation of the department unless the court determines that probation is not appropriate. If the court determines that probation is not appropriate, the court may order the execution of the offender's sentence only after conducting a hearing on the matter within ninety to one hundred twenty days from the date the offender was delivered to the department of corrections. If the department determines the offender has not successfully completed a one hundred twenty-day program under this subsection, the offender shall be removed from the program and the court shall be advised of the removal. The department shall report on the offender's participation in the program and may provide recommendations for terms and conditions of an offender's probation. The court shall then have the power to grant probation or order the execution of the offender's sentence.

HCB 9

  1. If the court is advised that an offender is not eligible for placement in a one hundred twenty-day program under subsection 3 of this section, the court shall consider other authorized dispositions. If the department of corrections one hundred twenty-day program under subsection 3 of this section is full, the court may place the offender in a private program approved by the department of corrections or the court, the expenses of such program to be paid by the offender, or in an available program offered by another organization. If the offender is convicted of a class C, class D, or class E nonviolent felony, the court may order probation while awaiting appointment to treatment.
  2. Except when the offender has been found to be a predatory sexual offender pursuant to section [566.125] 566.123, the court shall request the department of corrections to conduct a sexual offender assessment if the defendant has been found guilty of sexual abuse when classified as a class B felony. Upon completion of the assessment, the department shall provide to the court a report on the offender and may provide recommendations for terms and conditions of an offender's probation. The assessment shall not be considered a one hundred twenty-day program as provided under subsection 3 of this section. The process for granting probation to an offender who has completed the assessment shall be as provided under subsections 2 and 6 of this section.
  3. Unless the offender is being granted probation pursuant to successful completion of a one hundred twenty-day program the circuit court shall notify the state in writing when the court intends to grant probation to the offender pursuant to the provisions of this section. The state may, in writing, request a hearing within ten days of receipt of the court's notification that the court intends to grant probation. Upon the state's request for a hearing, the court shall grant a hearing as soon as reasonably possible. If the state does not respond to the court's notice in writing within ten days, the court may proceed upon its own motion to grant probation.
  4. An offender's first incarceration under this section prior to release on probation shall not be considered a previous prison commitment for the purpose of determining a minimum prison term under the provisions of section 558.019.
  5. Notwithstanding any other provision of law, probation may not be granted pursuant to this section to offenders who have been convicted of murder in the second degree pursuant to section 565.021; forcible rape pursuant to section 566.030 as it existed prior to August 28, 2013; rape in the first degree under section 566.030; forcible sodomy pursuant to section 566.060 as it existed prior to August 28, 2013; sodomy in the first degree under section 566.060; statutory rape in the first degree pursuant to section 566.032; statutory sodomy in the first degree pursuant to section 566.062; child molestation in the first degree pursuant to section 566.067 when classified as a class A felony; abuse or neglect of a child pursuant to section 568.060 when classified as a class A felony; or an offender who has been found to be a predatory sexual

HCB 9 offender pursuant to section [566.125] 566.123; or any offense in which there exists a statutory prohibition against either probation or parole.

559.117. 1. The director of the department of corrections is authorized to establish, as a three-year pilot program, a mental health assessment process. 2. Only upon a motion filed by the prosecutor in a criminal case, the judge who is hearing the criminal case in a participating county may request that an offender be placed in the department of corrections for one hundred twenty days for a mental health assessment and for treatment if it appears that the offender has a mental disorder or mental illness such that the offender may qualify for probation including community psychiatric rehabilitation (CPR) programs and such probation is appropriate and not inconsistent with public safety. Before the judge rules upon the motion, the victim shall be given notice of such motion and the opportunity to be heard. Upon recommendation of the court, the department shall determine the offender's eligibility for the mental health assessment process. 3. Following this assessment and treatment period, an assessment report shall be sent to the sentencing court and the sentencing court may, if appropriate, release the offender on probation. The offender shall be supervised on probation by a state probation and parole officer, who shall work cooperatively with the department of mental health to enroll eligible offenders in community psychiatric rehabilitation (CPR) programs. section to offenders who: section 565.021; 566.030 or forcible rape under section 566.030 as it existed prior to August 28, 2013; section 566.032; 566.060 or forcible sodomy under section 566.060 as it existed prior to August 28, 2013; under section 566.062; under section 566.067 when classified as a class A felony; or statutory prohibition against either probation or parole.

(7) Have been found to be a predatory sexual offender under section [566.125] 566.123;

(8) Have been found guilty of, or plead guilty to, any offense for which there exists a

(5) Have been found guilty of, or plead guilty to, statutory sodomy in the first degree

(6) Have been found guilty of, or plead guilty to, child molestation in the first degree

(1) Have been found guilty of, or plead guilty to, murder in the second degree under

  1. Notwithstanding any other provision of law, probation shall not be granted under this

(3) Have been found guilty of, or plead guilty to, statutory rape in the first degree under

(4) Have been found guilty of, or plead guilty to, sodomy in the first degree under section

(2) Have been found guilty of, or plead guilty to, rape in the first degree under section

HCB 9

(3) The person purposely places such domestic victim in apprehension of immediate

(4) The person recklessly engages in conduct which creates a substantial risk of death

(5) The person knowingly causes physical contact with such domestic victim knowing

(1) The person attempts to cause or recklessly causes physical injury, physical pain, or

(2) With criminal negligence the person causes physical injury to such domestic victim

  1. At the end of the three-year pilot, the director of the department of corrections and the director of the department of mental health shall jointly submit recommendations to the governor and to the general assembly by December 31, 2015, on whether to expand the process statewide. 565.076. 1. A person commits the offense of domestic assault in the fourth degree if the act involves a domestic victim, as the term "domestic victim" is defined under section 565.002, and: illness to such domestic victim; by means of a deadly weapon or dangerous instrument; physical injury by any means; or serious physical injury to such domestic victim; he or she will regard the contact as offensive; or (6) The person knowingly attempts to cause or causes the isolation of such domestic victim by unreasonably and substantially restricting or limiting his or her access to other persons, telecommunication devices or transportation for the purpose of isolation.
  2. The offense of domestic assault in the fourth degree is a class A misdemeanor, unless the person has previously been found guilty of the offense of domestic assault [of a domestic victim] , of any assault offense under this chapter, or of any offense against a domestic victim committed in violation of any county or municipal ordinance in any state, any state law, any federal law, or any military law which if committed in this state two or more times, would be a violation of this section, in which case it is a class E felony. The offenses described in this subsection may be against the same domestic victim or against different domestic victims. 565.091. 1. A person commits the offense of harassment in the second degree if he or she, without good cause, engages in any act with the purpose to cause emotional distress to another person.
  3. The offense of harassment in the second degree is a class A misdemeanor, unless the person has previously pleaded guilty to or been found guilty of a violation of this section, of any offense committed in violation of any county or municipal ordinance in any state, any state law, any federal law, or any military law which if committed in this state would be chargeable or indictable as a violation of any offense listed in this subsection, in which case it is a class E felony.

HCB 9

  1. This section shall not apply to activities of federal, state, county, or municipal law enforcement officers conducting investigations of violations of federal, state, county, or municipal law.

566.010. As used in this chapter and chapter 568, the following terms mean: (1) "Aggravated sexual offense", any sexual offense, in the course of which, the actor: (a) Inflicts serious physical injury on the victim; [or]

(b) Displays a deadly weapon or dangerous instrument in a threatening manner; [or]

(c) Subjects the victim to sexual intercourse or deviate sexual intercourse with more than

(f) Engages in the act that constitutes the offense with a person the actor knows to be,

(e) Commits the offense as part of an act or series of acts performed by two or more one person; [or]

(d) Had previously been found guilty of an offense under this chapter or under section 573.200, child used in sexual performance; section 573.205, promoting sexual performance by a child; section 573.023, sexual exploitation of a minor; section 573.025, promoting child pornography in the first degree; section 573.035, promoting child pornography in the second degree; section 573.037, possession of child pornography; or section 573.040, furnishing pornographic materials to minors; or has previously been found guilty of an offense in another jurisdiction which would constitute an offense under this chapter or said sections; persons as part of an established or prescribed pattern of activity; or without regard to legitimacy, the actor's: to or received by any person; (3) "Deviate sexual intercourse", any act involving the genitals of one person and the hand, mouth, tongue, or anus of another person or a sexual act involving the penetration, however slight, of the penis, female genitalia, or the anus by a finger, instrument or object done for the purpose of arousing or gratifying the sexual desire of any person or for the purpose of terrorizing the victim; (4) "Forced labor", a condition of servitude induced by means of: (a) Any scheme, plan, or pattern of behavior intended to cause a person to believe that, if the person does not enter into or continue the servitude, such person or another person will suffer substantial bodily harm or physical restraint; or a. Ancestor or descendant by blood or adoption; b. Stepchild while the marriage creating that relationship exists; c. Brother or sister of the whole or half blood; or d. Uncle, aunt, nephew, or niece of the whole blood; (2) "Commercial sex act", any sex act on account of which anything of value is given

(b) The abuse or threatened abuse of the legal process;

HCB 9

(5) "Sexual conduct", sexual intercourse, deviate sexual intercourse or sexual contact; (6) "Sexual contact", any touching of another person with the genitals or any touching of the genitals or anus of another person, or the breast of a female person, or such touching through the clothing, for the purpose of arousing or gratifying the sexual desire of any person or for the purpose of terrorizing the victim; penis.

(7) "Sexual intercourse", any penetration, however slight, of the female genitalia by the

(1) The offense is an aggravated sexual offense, in which case the authorized term of

566.030. 1. A person commits the offense of rape in the first degree if he or she has sexual intercourse with another person who is incapacitated, incapable of consent, or lacks the capacity to consent, or by the use of forcible compulsion. Forcible compulsion includes the use of a substance administered without a victim's knowledge or consent which renders the victim physically or mentally impaired so as to be incapable of making an informed consent to sexual intercourse. 2. The offense of rape in the first degree or an attempt to commit rape in the first degree is a felony for which the authorized term of imprisonment is life imprisonment or a term of years not less than five years, unless: imprisonment is life imprisonment or a term of years not less than fifteen years; (2) The person is a prior sexual offender or a persistent sexual offender as defined in section 566.124 or a predatory sexual offender as defined in section [566.125] 566.123 and subjected to an extended term of imprisonment under said section; (3) The victim is a child less than twelve years of age, in which case the required term of imprisonment is life imprisonment without eligibility for probation or parole until the offender has served not less than thirty years of such sentence or unless the offender has reached the age of seventy-five years and has served at least fifteen years of such sentence, unless such rape in the first degree is described under subdivision (4) of this subsection; or (4) The victim is a child less than twelve years of age and such rape in the first degree or attempt to commit rape in the first degree was outrageously or wantonly vile, horrible or inhumane, in that it involved torture or depravity of mind, in which case the required term of imprisonment is life imprisonment without eligibility for probation, parole or conditional release. 3. Subsection 4 of section 558.019 shall not apply to the sentence of a person who has been found guilty of rape in the first degree or attempt to commit rape in the first degree when the victim is less than twelve years of age, and "life imprisonment" shall mean imprisonment for the duration of a person's natural life for the purposes of this section.

HCB 9

  1. No person found guilty of rape in the first degree or an attempt to commit rape in the first degree shall be granted a suspended imposition of sentence or suspended execution of sentence.

566.032. 1. A person commits the offense of statutory rape in the first degree if he or she has sexual intercourse with another person who is less than fourteen years of age. 2. The offense of statutory rape in the first degree or an attempt to commit statutory rape in the first degree is a felony for which the authorized term of imprisonment is life imprisonment or a term of years not less than five years, unless: (1) The offense is an aggravated sexual offense, or the victim is less than twelve years of age in which case the authorized term of imprisonment is life imprisonment or a term of years not less than ten years; or (2) The person is a prior sexual offender or a persistent sexual offender as defined in section 566.124 or a predatory sexual offender as defined in section [566.125 and subjected to an extended term of imprisonment under said section] 566.123.

(1) The offense is an aggravated sexual offense, in which case the authorized term of

566.060. 1. A person commits the offense of sodomy in the first degree if he or she has deviate sexual intercourse with another person who is incapacitated, incapable of consent, or lacks the capacity to consent, or by the use of forcible compulsion. Forcible compulsion includes the use of a substance administered without a victim's knowledge or consent which renders the victim physically or mentally impaired so as to be incapable of making an informed consent to sexual intercourse. 2. The offense of sodomy in the first degree or an attempt to commit sodomy in the first degree is a felony for which the authorized term of imprisonment is life imprisonment or a term of years not less than five years, unless: imprisonment is life imprisonment or a term of years not less than ten years; (2) The person is a prior sexual offender or a persistent sexual offender as defined in section 566.124 or a predatory sexual offender as defined in section [566.125 and subjected to an extended term of imprisonment under said section] 566.123;

(3) The victim is a child less than twelve years of age, in which case the required term of imprisonment is life imprisonment without eligibility for probation or parole until the offender has served not less than thirty years of such sentence or unless the offender has reached the age of seventy-five years and has served at least fifteen years of such sentence, unless such sodomy in the first degree is described under subdivision (4) of this subsection; or (4) The victim is a child less than twelve years of age and such sodomy in the first degree or attempt to commit sodomy in the first degree was outrageously or wantonly vile, horrible or

HCB 9 inhumane, in that it involved torture or depravity of mind, in which case the required term of imprisonment is life imprisonment without eligibility for probation, parole or conditional release. 3. Subsection 4 of section 558.019 shall not apply to the sentence of a person who has been found guilty of sodomy in the first degree or an attempt to commit sodomy in the first degree when the victim is less than twelve years of age, and "life imprisonment" shall mean imprisonment for the duration of a person's natural life for the purposes of this section. 4. No person found guilty of sodomy in the first degree or an attempt to commit sodomy in the first degree shall be granted a suspended imposition of sentence or suspended execution of sentence.

566.062. 1. A person commits the offense of statutory sodomy in the first degree if he or she has deviate sexual intercourse with another person who is less than fourteen years of age. 2. The offense of statutory sodomy in the first degree or an attempt to commit statutory sodomy in the first degree is a felony for which the authorized term of imprisonment is life imprisonment or a term of years not less than five years, unless: (1) The offense is an aggravated sexual offense or the victim is less than twelve years of age, in which case the authorized term of imprisonment is life imprisonment or a term of years not less than ten years; or (2) The person is a prior sexual offender or a persistent sexual offender as defined in section 566.124 or a predatory sexual offender as defined in section [566.125 and subjected to an extended term of imprisonment under said section] 566.123.

566.123. 1. As used in this section, the following terms shall mean: (1) "Predatory sexual offense", statutory rape in the first degree, statutory sodomy in the first degree, rape in the first degree, sodomy in the first degree, forcible rape, forcible sodomy, rape, sodomy, child molestation in the first degree when classified as a class A or B felony, child molestation in the second degree when classified as a class A or B felony, sexual abuse when classified as a class B felony, sexual abuse in the first degree when classified as a class B felony, or an attempt to commit any of these offenses, or the commission of an offense in another jurisdiction that if committed in this state would constitute the commission of any of the listed offenses; (2) "Predatory sexual offender", any person who has been found guilty of committing or attempting to commit a predatory sexual offense and who has, prior to that finding: regardless of whether the other act was charged or resulted in a finding of guilt; or

(a) Committed another act that would constitute a predatory sexual offense,

HCB 9

  1. In determining whether a defendant is a predatory sexual offender: (1) Prior findings of guilt shall be pleaded and proven in the same manner required

(b) Committed an act or acts against more than one victim that would constitute a predatory sexual offense, whether the defendant was charged with an additional offense or offenses as a result of such act or acts. 2. The court shall sentence a person to life without eligibility for probation or parole if it finds the defendant is a predatory sexual offender. Subsection 4 of section 558.019 shall not apply to any person imprisoned under this subsection for the purposes of determining the minimum prison term or the length of sentence as defined or used in such subsection. Notwithstanding any other provision of law, in no event shall a person found to be a predatory sexual offender receive a final discharge from parole. 3. Notwithstanding any provision of law, the department of corrections, or any division thereof, shall not furlough an individual found to be and sentenced as a persistent sexual offender as defined in section 566.124 or a predatory sexual offender. 4. The punishment imposed under this section shall be in addition to any punishment provided by law for the offense, of which the defendant has been previously found guilty, or the act which would constitute an offense, whether the act was charged or resulted in a finding of guilt. by the provisions of section 558.021; a finding of guilt shall be pleaded and proven as follows: (a) In a trial without a jury or upon a plea of guilty, the acts shall be pleaded and proven in the same manner required under section 558.021. The court may defer the proof and findings establishing the defendant is a predatory sexual offender to a later time, but prior to sentencing. The facts required to prove the defendant is a predatory sexual offender may be established by judicial notice of prior testimony or the plea of guilty; (b) Notwithstanding any other provision of law, if an offense is submitted to the jury, the trial shall proceed in multiple stages. If the jury at the first stage of a trial finds the defendant guilty of the submitted offense, the second stage of the trial shall proceed. The issue at the second stage of the trial shall be whether the defendant is a predatory sexual offender. The state shall be the first to proceed. The court shall instruct the jury. The attorneys may argue the issue of whether the defendant is a predatory sexual offender to the jury, and the state shall have the right to open and close the argument. The jury shall determine whether the defendant is a predatory sexual offender beyond a reasonable doubt. If the jury determines that the defendant is a predatory sexual offender, the court shall not seek an advisory verdict from the jury. If the jury determines that the defendant

(2) Acts that would constitute an offense that were not charged or did not result in

HCB 9 is not a predatory sexual offender, a third stage of the trial shall proceed, unless jury sentencing is removed under section 557.036. The issue at the third stage of the trial shall be the punishment to be assessed and declared. The third stage of the trial shall proceed in the same manner required under section 557.036. The parties may present additional evidence in this stage and may argue evidence presented at the first stage or the second stage.

566.124. 1. As used in this section, the following terms mean: (1) "Persistent sexual offender", a person who has been found guilty of two or more

(2) "Prior sexual offender", a person who has been found guilty of one sexual sexual offenses; offense; (3) "Sexual offense", any offense under chapter 566, or an attempt to commit any of these offenses, or the commission of an offense in another jurisdiction that if committed in this state would constitute the commission of any of the listed offenses, or any offense that requires registration under section 589.400. 2. No court shall suspend the imposition of sentence as to a prior or persistent sexual offender under this section nor sentence such person to pay a fine in lieu of a term of imprisonment, section 557.011 to the contrary notwithstanding, nor shall such person be eligible for parole or probation until such person has served a minimum of three years' imprisonment. sexual offender, if: (1) The indictment or information, original or amended, or the information in lieu of an indictment pleads all essential facts warranting a finding that the defendant is a prior sexual offender or persistent sexual offender; (2) Evidence is introduced that establishes sufficient facts pleaded to warrant a finding beyond a reasonable doubt the defendant is a prior sexual offender or persistent sexual offender; and (3) The court makes findings of fact that warrant a finding beyond a reasonable doubt by the court that the defendant is a prior sexual offender or persistent sexual offender. submission to the jury outside of its hearing. in findings of such facts to a later time, but prior to sentencing.

  1. In a trial without a jury or upon a plea of guilty, the court may defer the proof

  2. The court shall find the defendant to be a prior sexual offender or persistent

  3. In a jury trial, such facts shall be pleaded, established, and found prior to

HCB 9

The defendant shall be accorded full rights of confrontation and

  1. The defendant may waive proof of the facts alleged.
  2. Nothing in this section shall prevent the use of presentence investigations or

  3. At the sentencing hearing both the state and the defendant shall be permitted to

  4. The findings of guilt shall be prior to the date of commission of the present cross-examination, with the opportunity to present evidence, at such hearings. commitments. present additional information bearing on the issue of sentence. offense.

  5. The court shall not instruct the jury as to the range of punishment or allow the jury, upon a finding of guilt, to assess and declare the punishment as part of its verdict in cases of prior sexual offenders or persistent sexual offenders.
  6. Evidence of prior findings of guilt shall be heard and determined by the trial court out of the hearing of the jury prior to the submission of the case to the jury and shall include, but not be limited to, evidence of findings of guilt received by a search of the records of the Missouri uniform law enforcement system maintained by the Missouri state highway patrol. After hearing the evidence, the court shall enter its findings thereon.
  7. The court shall sentence a person who has been found to be a prior sexual offender to the authorized term of imprisonment for the class one class step higher than the offense for which the person was found guilty.
  8. The court shall sentence a person who has been found to be a persistent sexual offender to the authorized term of imprisonment for the class two steps higher than the offense for which the person was found guilty. A person found to be a persistent sexual offender who is found guilty of a class B felony shall be sentenced to the authorized term of imprisonment for a class A felony. A person found to be a prior or persistent sexual offender who is found guilty of a class A felony or a felony for which the maximum punishment is thirty years or more shall be sentenced to life imprisonment without the eligibility for probation or parole.

574.010. 1. A person commits the offense of peace disturbance if he or she: (1) Unreasonably and knowingly disturbs or alarms another person or persons by: (a) Loud noise; or (b) Offensive language addressed in a face-to-face manner to a specific individual and uttered under circumstances which are likely to produce an immediate violent response from a reasonable recipient; or are likely to cause a reasonable person to fear that such threat may be carried out; or

(c) Threatening to commit a felonious act against any person under circumstances which

HCB 9

(d) Fighting; or (e) Creating a noxious and offensive odor; (2) Is in a public place or on private property of another without consent and purposely causes inconvenience to another person or persons by unreasonably and physically obstructing: (a) Vehicular or pedestrian traffic; or (b) The free ingress or egress to or from a public or private place. 2. Notwithstanding the provisions of subdivision (1) of subsection 1 of this section, a person does not commit the offense of peace disturbance by creating a loud noise or creating a noxious or offensive odor if such alleged noise or odor arises from or is attendant to: (a) Raising, maintaining, or keeping livestock as defined in section 277.020 including, but not limited to, any noise or odor made directly by or coming directly from any livestock; activities. 3. The offense of peace disturbance is a class B misdemeanor upon the first conviction. Upon a second or subsequent conviction, peace disturbance is a class A misdemeanor. Upon a third or subsequent conviction, a person shall be sentenced to pay a fine of no less than one thousand dollars and no more than five thousand dollars.

(b) Planting, caring for, maintaining, or harvesting crops or hay; or (c) The engine of a vehicle or tractor while engaged in normal business related

575.280. 1. A person commits the offense of acceding to corruption if he or she: (1) Is a judge, juror, special master, referee or arbitrator and knowingly solicits, accepts, or agrees to accept any benefit, direct or indirect, on the representation or understanding that it will influence his or her official action in a judicial proceeding pending in any court or before such official or juror; (2) Is a witness or prospective witness in any official proceeding and knowingly solicits, accepts, or agrees to accept any benefit, direct or indirect, on the representation or understanding that he or she will disobey a subpoena or other legal process, absent himself or herself, avoid subpoena or other legal process, withhold evidence, information or documents, or testify falsely. 2. The offense of acceding to corruption under subdivision [(2)] (1) of subsection 1 of this section [is a class A misdemeanor. The offense, when committed under subdivision (1) of subsection 1 of this section,] is a class C felony[; unless the offense is committed in a felony prosecution, or on the representation or understanding of testifying falsely, in which case it is a class E felony]. The offense of acceding to corruption under subdivision (2) of subsection 1 of this section in a felony prosecution or on the representation or understanding of

HCB 9 testifying falsely is a class D felony. Otherwise, acceding to corruption is a class A misdemeanor.

577.001. As used in this chapter, the following terms mean: (1) "Aggravated offender", a person who has been found guilty of: (a) Three or more intoxication-related traffic offenses committed on separate occasions; or (b) Two or more intoxication-related traffic offenses committed on separate occasions where at least one of the intoxication-related traffic offenses is an offense committed in violation of any state law, county or municipal ordinance, any federal offense, or any military offense in which the defendant was operating a vehicle while intoxicated and another person was injured or killed; (2) "Aggravated boating offender", a person who has been found guilty of: (a) Three or more intoxication-related boating offenses; or (b) Two or more intoxication-related boating offenses committed on separate occasions where at least one of the intoxication-related boating offenses is an offense committed in violation of any state law, county or municipal ordinance, any federal offense, or any military offense in which the defendant was operating a vessel while intoxicated and another person was injured or killed; (3) "All-terrain vehicle", any motorized vehicle manufactured and used exclusively for off-highway use which is fifty inches or less in width, with an unladen dry weight of one thousand pounds or less, traveling on three, four or more low pressure tires, with a seat designed to be straddled by the operator, or with a seat designed to carry more than one person, and handlebars for steering control; not any juvenile court or drug court; or (b) Three or more intoxication-related traffic offenses committed on separate occasions where at least one of the intoxication-related traffic offenses is an offense committed in violation of any state law, county or municipal ordinance, any federal offense, or any military offense in which the defendant was operating a vehicle while intoxicated and another person was injured or killed; or (c) Two or more intoxication-related traffic offenses committed on separate occasions where both intoxication-related traffic offenses were offenses committed in violation of any state

(5) "Chronic offender", a person who has been found guilty of: (a) Four or more intoxication-related traffic offenses committed on separate occasions;

(4) "Court", any circuit, associate circuit, or municipal court, including traffic court, but

HCB 9 law, county or municipal ordinance, any federal offense, or any military offense in which the defendant was operating a vehicle while intoxicated and another person was injured or killed; (6) "Chronic boating offender", a person who has been found guilty of: (a) Four or more intoxication-related boating offenses; or (b) Three or more intoxication-related boating offenses committed on separate occasions where at least one of the intoxication-related boating offenses is an offense committed in violation of any state law, county or municipal ordinance, any federal offense, or any military offense in which the defendant was operating a vessel while intoxicated and another person was injured or killed; or (c) Two or more intoxication-related boating offenses committed on separate occasions where both intoxication-related boating offenses were offenses committed in violation of any state law, county or municipal ordinance, any federal offense, or any military offense in which the defendant was operating a vessel while intoxicated and another person was injured or killed; (7) "Continuous alcohol monitoring", automatically testing breath, blood, or transdermal alcohol concentration levels and tampering attempts at least once every hour, regardless of the location of the person who is being monitored, and regularly transmitting the data. Continuous alcohol monitoring shall be considered an electronic monitoring service under subsection 3 of section 217.690; V listed in section 195.017; a vehicle or vessel; navigators; or (b) Four or more intoxication-related traffic offenses committed on separate occasions where at least one of the intoxication-related traffic offenses is an offense committed in violation of any state law, county or municipal ordinance, any federal offense, or any military offense in which the defendant was operating a vehicle while intoxicated and another person was injured or killed; or (c) Three or more intoxication-related traffic offenses committed on separate occasions where at least two of the intoxication-related traffic offenses were offenses committed in violation of any state law, county or municipal ordinance, any federal offense, or any military

(11) "Habitual offender", a person who has been found guilty of: (a) Five or more intoxication-related traffic offenses committed on separate occasions;

(8) "Controlled substance", a drug, substance, or immediate precursor in schedules I to

(9) "Drive", "driving", "operates" or "operating", [means] physically driving or operating

(10) "Flight crew member", the pilot in command, copilots, flight engineers, and flight

HCB 9

b. Cause the death of two or more persons; or c. Cause the death of any person while he or she has a blood alcohol content of at least offense in which the defendant was operating a vehicle while intoxicated and another person was injured or killed; [or

(d) While driving while intoxicated, the defendant acted with criminal negligence to: a. Cause the death of any person not a passenger in the vehicle operated by the defendant, including the death of an individual that results from the defendant's vehicle leaving a highway, as defined by section 301.010, or the highway's right-of-way; or eighteen-hundredths of one percent by weight of alcohol in such person's blood;]

(12) "Habitual boating offender", a person who has been found guilty of: (a) Five or more intoxication-related boating offenses; or (b) Four or more intoxication-related boating offenses committed on separate occasions where at least one of the intoxication-related boating offenses is an offense committed in violation of any state law, county or municipal ordinance, any federal offense, or any military offense in which the defendant was operating a vessel while intoxicated and another person was injured or killed; or (c) Three or more intoxication-related boating offenses committed on separate occasions where at least two of the intoxication-related boating offenses were offenses committed in violation of any state law, county or municipal ordinance, any federal offense, or any military offense in which the defendant was operating a vessel while intoxicated and another person was injured or killed; or (d) While boating while intoxicated, the defendant acted with criminal negligence to: a. Cause the death of any person not a passenger in the vessel operated by the defendant, including the death of an individual that results from the defendant's vessel leaving the water; or eighteen-hundredths of one percent by weight of alcohol in such person's blood; alcohol, a controlled substance, or drug, or any combination thereof; (14) "Intoxication-related boating offense", operating a vessel while intoxicated; boating while intoxicated; operating a vessel with excessive blood alcohol content or an offense in which the defendant was operating a vessel while intoxicated and another person was injured or killed in violation of any state law, county or municipal ordinance, any federal offense, or any military offense;

b. Cause the death of two or more persons; or c. Cause the death of any person while he or she has a blood alcohol content of at least

(13) "Intoxicated" or "intoxicated condition", when a person is under the influence of

HCB 9

"Intoxication-related traffic offense", driving while intoxicated, driving with (15)

(18) "Persistent offender", a person who has been found guilty of: (a) Two or more intoxication-related traffic offenses committed on separate occasions;

"Intoxication-related traffic offense", driving while intoxicated, driving with excessive blood alcohol content, driving under the influence of alcohol or drugs in violation of a state law, county or municipal ordinance, any federal offense, or any military offense, or an offense in which the defendant was operating a vehicle while intoxicated and another person was injured or killed in violation of any state law, county or municipal ordinance, any federal offense, or any military offense; (16) "Law enforcement officer" or "arresting officer", includes the definition of law enforcement officer in section 556.061 and military policemen conducting traffic enforcement operations on a federal military installation under military jurisdiction in the state of Missouri; (17) "Operate a vessel", to physically control the movement of a vessel in motion under mechanical or sail power in water; or (b) One intoxication-related traffic offense committed in violation of any state law, county or municipal ordinance, federal offense, or military offense in which the defendant was operating a vehicle while intoxicated and another person was injured or killed; or (b) One intoxication-related boating offense committed in violation of any state law, county or municipal ordinance, federal offense, or military offense in which the defendant was operating a vessel while intoxicated and another person was injured or killed; (20) "Prior offender", a person who has been found guilty of one intoxication-related traffic offense, where such prior offense occurred within five years of the occurrence of the intoxication-related traffic offense for which the person is charged; "Prior boating offender", a person who has been found guilty of one intoxication-related boating offense, where such prior offense occurred within five years of the occurrence of the intoxication-related boating offense for which the person is charged.

(19) "Persistent boating offender", a person who has been found guilty of: (a) Two or more intoxication-related boating offenses committed on separate occasions;

(21)

577.010. 1. A person commits the offense of driving while intoxicated if he or she operates a vehicle while in an intoxicated condition. 2. The offense of driving while intoxicated is: (1) A class B misdemeanor; (2) A class A misdemeanor if: (a) The defendant is a prior offender; or (b) A person less than seventeen years of age is present in the vehicle; HCB 9

(c) While driving while intoxicated, the defendant acts with criminal negligence to cause

(5) A class C felony if: (a) The defendant is a chronic offender; (b) While driving while intoxicated, the defendant acts with criminal negligence to cause

(c) While driving while intoxicated, the defendant acts with criminal negligence to cause

(d) While driving while intoxicated, the defendant acts with criminal negligence to

(4) A class D felony if: (a) The defendant is an aggravated offender; (b) While driving while intoxicated, the defendant acts with criminal negligence to cause

(3) A class E felony if: (a) The defendant is a persistent offender; or (b) While driving while intoxicated, the defendant acts with criminal negligence to cause physical injury to another person; physical injury to a law enforcement officer or emergency personnel; or serious physical injury to another person; serious physical injury to a law enforcement officer or emergency personnel; or the death of another person; the death of a law enforcement officer or emergency personnel; (c) While driving while intoxicated, the defendant acts with criminal negligence to cause the death of any person not a passenger in the vehicle operated by the defendant, including the death of an individual that results from the defendant's vehicle leaving a highway, as defined in section 301.010, or the highway's right-of-way; cause the death of two or more persons; or (e) While driving while intoxicated, the defendant acts with criminal negligence to cause the death of any person while he or she has a blood alcohol content of at least eighteen-hundredths of one percent by weight of alcohol in such person's blood; (7) A class A felony if the defendant [is a habitual offender as a result of being] has previously been found guilty of an [act described under paragraph (d) of subdivision (11) of section 577.001] offense under paragraphs (a) to (e) of subdivision (6) of this subsection and is found guilty of a subsequent violation of such [paragraph] paragraphs.

  1. Notwithstanding the provisions of subsection 2 of this section, a person found guilty of the offense of driving while intoxicated as a first offense shall not be granted a suspended imposition of sentence:

(6) A class B felony if: (a) The defendant is a habitual offender; [or]

(b) While driving while intoxicated, the defendant acts with criminal negligence to cause

HCB 9

  1. If a person is not granted a suspended imposition of sentence for the reasons described

(2) As a prior offender shall not be granted parole or probation until he or she has served

(1) Unless such person shall be placed on probation for a minimum of two years; or (2) In a circuit where a DWI court or docket created under section 478.007 or other court-ordered treatment program is available, and where the offense was committed with fifteen-hundredths of one percent or more by weight of alcohol in such person's blood, unless the individual participates and successfully completes a program under such DWI court or docket or other court-ordered treatment program. 4. If a person is found guilty of a second or subsequent offense of driving while intoxicated, the court may order the person to submit to a period of continuous alcohol monitoring or verifiable breath alcohol testing performed a minimum of four times per day as a condition of probation. in subsection 3 of this section: (1) If the individual operated the vehicle with fifteen-hundredths to twenty-hundredths of one percent by weight of alcohol in such person's blood, the required term of imprisonment shall be not less than forty-eight hours; (2) If the individual operated the vehicle with greater than twenty-hundredths of one percent by weight of alcohol in such person's blood, the required term of imprisonment shall be not less than five days. 6. A person found guilty of the offense of driving while intoxicated: (1) As a prior offender, persistent offender, aggravated offender, chronic offender, or habitual offender shall not be granted a suspended imposition of sentence or be sentenced to pay a fine in lieu of a term of imprisonment, section 557.011 to the contrary notwithstanding; a minimum of ten days imprisonment: (a) Unless as a condition of such parole or probation such person performs at least thirty days of community service under the supervision of the court in those jurisdictions which have a recognized program for community service; or (b) The offender participates in and successfully completes a program established under section 478.007 or other court-ordered treatment program, if available, and as part of either program, the offender performs at least thirty days of community service under the supervision of the court; has served a minimum of thirty days imprisonment: (a) Unless as a condition of such parole or probation such person performs at least sixty days of community service under the supervision of the court in those jurisdictions which have a recognized program for community service; or

(3) As a persistent offender shall not be eligible for parole or probation until he or she

HCB 9

(4) As an aggravated offender shall not be eligible for parole or probation until he or she

(b) The offender participates in and successfully completes a program established under section 478.007 or other court-ordered treatment program, if available, and as part of either program, the offender performs at least sixty days of community service under the supervision of the court; has served a minimum of sixty days imprisonment; he or she has served a minimum of two years imprisonment; and (6) Any probation or parole granted under this subsection may include a period of continuous alcohol monitoring or verifiable breath alcohol testing performed a minimum of four times per day.

(5) As a chronic or habitual offender shall not be eligible for parole or probation until

577.060. 1. A person commits the offense of leaving the scene of an accident when: (1) Being the operator of a vehicle or a vessel involved in an accident resulting in injury or death or damage to property of another person; and (2) Having knowledge of such accident he or she leaves the place of the injury, damage or accident without stopping and giving the following information to the other party or to a law enforcement officer, or if no law enforcement officer is in the vicinity, then to the nearest law enforcement agency: (a) His or her name; (b) His or her residence, including city and street number; (c) The registration or license number for his or her vehicle or vessel; and (d) His or her operator's license number, if any. 2. For the purposes of this section, all law enforcement officers shall have jurisdiction, when invited by an injured person, to enter the premises of any privately owned property for the purpose of investigating an accident and performing all necessary duties regarding such accident. person; or (c) The defendant has previously been found guilty of any offense in violation of this section; or committed in another jurisdiction which, if committed in this state, would be a violation of an offense of this section; or 3. The offense of leaving the scene of an accident is: (1) A class A misdemeanor; [or]

(2) A class E felony if: (a) Physical injury was caused to another party; or (b) Damage in excess of one thousand dollars was caused to the property of another

(3) A class D felony if a death has occurred as a result of the accident.

HCB 9

  1. A law enforcement officer who investigates or receives information of an accident involving an all-terrain vehicle and also involving the loss of life or serious physical injury shall make a written report of the investigation or information received and such additional facts relating to the accident as may come to his or her knowledge, mail the information to the department of public safety, and keep a record thereof in his or her office. when property damage is sustained in sanctioned all-terrain vehicle races, derbies and rallies.

  2. The provisions of this section shall not apply to the operation of all-terrain vehicles

589.414. 1. Any person required by sections 589.400 to 589.425 to register shall, not later than three business days after each change of name, residence within the county or city not within a county at which the offender is registered, employment, or student status, appear in person to the chief law enforcement officer of the county or city not within a county and inform such officer of all changes in the information required by the offender. The chief law enforcement officer shall immediately forward the registrant changes to the Missouri state highway patrol within three business days. 2. If any person required by sections 589.400 to 589.425 to register changes such person's residence or address to a different county or city not within a county, the person shall appear in person and shall inform both the chief law enforcement official with whom the person last registered and the chief law enforcement official of the county or city not within a county having jurisdiction over the new residence or address in writing within three business days of such new address and phone number, if the phone number is also changed. If any person required by sections 589.400 to 589.425 to register changes their state of residence, the person shall appear in person and shall inform both the chief law enforcement official with whom the person was last registered and the chief law enforcement official of the area in the new state having jurisdiction over the new residence or address within three business days of such new address. Whenever a registrant changes residence, the chief law enforcement official of the county or city not within a county where the person was previously registered shall inform the Missouri state highway patrol of the change within three business days. When the registrant is changing the residence to a new state, the Missouri state highway patrol shall inform the responsible official in the new state of residence within three business days. 3. In addition to the requirements of subsections 1 and 2 of this section, the following offenders shall report in person to the chief law enforcement agency every ninety days to verify the information contained in their statement made pursuant to section 589.407: (1) Any offender registered as a predatory sexual offender as defined in section 566.123 or a prior sexual offender or a persistent sexual offender [under the definitions found in section 566.125] as defined in section 566.124;

HCB 9

(3) Any offender who has pled guilty or been found guilty pursuant to section 589.425

(2) Any offender who is registered for a crime where the victim was less than eighteen years of age at the time of the offense; and of failing to register or submitting false information when registering. 4. In addition to the requirements of subsections 1 and 2 of this section, all registrants shall report semiannually in person in the month of their birth and six months thereafter to the chief law enforcement agency to verify the information contained in their statement made pursuant to section 589.407. All registrants shall allow the chief law enforcement officer to take a current photograph of the offender in the month of his or her birth to the chief law enforcement agency. 5. In addition to the requirements of subsections 1 and 2 of this section, all Missouri registrants who work or attend school or training on a full-time or part-time basis in any other state shall be required to report in person to the chief law enforcement officer in the area of the state where they work or attend school or training and register in that state. "Part-time" in this subsection means for more than seven days in any twelve-month period. 6. If a person, who is required to register as a sexual offender under sections 589.400 to 589.425, changes or obtains a new online identifier as defined in section 43.651, the person shall report such information in the same manner as a change of residence before using such online identifier.

589.660. As used in sections 589.660 to 589.681, the following terms mean: (1) "Address", a residential street address, school address, or work address of a person, as specified on the person's application to be a program participant; (2) "Application assistant", an employee of a state or local agency, or of a nonprofit program that provides counseling, referral, shelter, or other specialized service to crime victims [of domestic violence, rape, sexual assault, human trafficking, or stalking,] who has been designated by the respective agency or program, and who has been trained and registered by the secretary of state to assist individuals in the completion of program participation applications; (3) "Designated address", the address assigned to a program participant by the secretary; (4) "Mailing address", an address that is recognized for delivery by the United States Postal Service; participate in the address confidentiality program; (7) "Secretary", the secretary of state; (8) "Victim", a natural person who suffers direct or threatened physical, emotional, or financial harm as the result of the commission or attempted commission of an offense.

(5) "Program", the address confidentiality program established in section 589.663; (6) "Program participant", a person certified by the secretary of state as eligible to

HCB 9 The term "victim" also includes family members of the victim who are minors or incapacitated; or a family member of a homicide victim; (9) "Witness", any victim who has been or is expected to be summoned to testify for the prosecution in any felony proceeding regardless of whether any action or proceeding has yet been commenced.

589.663. There is created in the office of the secretary of state a program to be known as the "Address Confidentiality Program" to protect victims [of domestic violence, rape, sexual assault, human trafficking, or stalking] , individuals residing in the same household of a victim, and witnesses by authorizing the use of designated addresses for such [victims and their minor children] individuals. The program shall be administered by the secretary under the following application and certification procedures: (1) An adult person, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person may apply to the secretary to have a designated address assigned by the secretary to serve as the person's address or the address of the minor or incapacitated person; (2) The secretary may approve an application only if it is filed with the office of the secretary in the manner established by rule and on a form prescribed by the secretary. A completed application shall contain: (a) The application preparation date, the applicant's signature, and the signature and registration number of the application assistant who assisted the applicant in applying to be a program participant; receipt of first-class mail, legal documents, and certified mail; (c) [A sworn statement by the applicant that the applicant] Either an application signed by the applicant before an application assistant that the applicant has good reason to believe that he or she: and b. Fears [further violent acts from his or her assailant] future harm; or

(c) Has been certified by a prosecuting attorney that the individual is a witness; (d) The mailing address where the applicant may be contacted by the secretary or a designee and the telephone number or numbers where the applicant may be called by the secretary or the secretary's designee; and (e) One or more addresses that the applicant requests not be disclosed for the reason that disclosure will jeopardize the applicant's safety or increase the risk of violence to the applicant or members of the applicant's household;

a. Is a victim [of domestic violence, rape, sexual assault, human trafficking, or stalking];

(b) A designation of the secretary as agent for purposes of service of process and for

HCB 9

(3) Upon receipt of a properly completed application, the secretary may certify the applicant as a program participant. A program participant is certified for four years following the date of initial certification unless the certification is withdrawn or cancelled before that date. The secretary shall send notification of lapsing certification and a reapplication form to a program participant at least four weeks prior to the expiration of the program participant's certification; appropriate program participants.

(4) The secretary shall forward first class mail, legal documents, and certified mail to the

595.045. 1. There is established in the state treasury the "Crime Victims' Compensation Fund". A surcharge of seven dollars and fifty cents shall be assessed as costs in each court proceeding filed in any court in the state in all criminal cases including violations of any county ordinance or any violation of criminal or traffic laws of the state, including an infraction and violation of a municipal ordinance; except that no such fee shall be collected in any proceeding in any court when the proceeding or the defendant has been dismissed by the court or when costs are to be paid by the state, county, or municipality. A surcharge of seven dollars and fifty cents shall be assessed as costs in a juvenile court proceeding in which a child is found by the court to come within the applicable provisions of subdivision (3) of subsection 1 of section 211.031. 2. Notwithstanding any other provision of law to the contrary, the moneys collected by clerks of the courts pursuant to the provisions of subsection 1 of this section shall be collected and disbursed in accordance with sections 488.010 to 488.020 and shall be payable to the director of the department of revenue. 3. The director of revenue shall deposit annually the amount of two hundred fifty thousand dollars to the state forensic laboratory account administered by the department of public safety to provide financial assistance to defray expenses of crime laboratories if such analytical laboratories are registered with the federal Drug Enforcement Agency or the Missouri department of health and senior services. Subject to appropriations made therefor, such funds shall be distributed by the department of public safety to the crime laboratories serving the courts of this state making analysis of a controlled substance or analysis of blood, breath or urine in relation to a court proceeding. 4. The remaining funds collected under subsection 1 of this section shall be denoted to the payment of an annual appropriation for the administrative and operational costs of the office for victims of crime and, if a statewide automated crime victim notification system is established pursuant to section 650.310, to the monthly payment of expenditures actually incurred in the operation of such system. Additional remaining funds shall be subject to the following provisions:

HCB 9

(1) On the first of every month, the director of revenue or the director's designee shall determine the balance of the funds in the crime victims' compensation fund available to satisfy the amount of compensation payable pursuant to sections 595.010 to 595.075, excluding sections 595.050 and 595.055; (2) Beginning on September 1, 2004, and on the first of each month, the director of revenue or the director's designee shall deposit fifty percent of the balance of funds available to the credit of the crime victims' compensation fund and fifty percent to the services to victims' fund established in section 595.100. 5. The director of revenue or such director's designee shall at least monthly report the moneys paid pursuant to this section into the crime victims' compensation fund and the services to victims fund to the department of public safety. 6. The moneys collected by clerks of municipal courts pursuant to subsection 1 of this section shall be collected and disbursed as provided by sections 488.010 to 488.020. Five percent of such moneys shall be payable to the city treasury of the city from which such funds were collected. The remaining ninety-five percent of such moneys shall be payable to the director of revenue. The funds received by the director of revenue pursuant to this subsection shall be distributed as follows: (1) On the first of every month, the director of revenue or the director's designee shall determine the balance of the funds in the crime victims' compensation fund available to satisfy the amount of compensation payable pursuant to sections 595.010 to 595.075, excluding sections 595.050 and 595.055; (2) Beginning on September 1, 2004, and on the first of each month the director of revenue or the director's designee shall deposit fifty percent of the balance of funds available to the credit of the crime victims' compensation fund and fifty percent to the services to victims' fund established in section 595.100. 7. These funds shall be subject to a biennial audit by the Missouri state auditor. Such audit shall include all records associated with crime victims' compensation funds collected, held or disbursed by any state agency. 8. In addition to the moneys collected pursuant to subsection 1 of this section, the court shall enter a judgment in favor of the state of Missouri, payable to the crime victims' compensation fund, of sixty-eight dollars upon a plea of guilty or a finding of guilt for a class A or B felony; forty-six dollars upon a plea of guilty or finding of guilt for a class C [or] , D, or E felony; and ten dollars upon a plea of guilty or a finding of guilt for any misdemeanor under Missouri law except for those in chapter 252 relating to fish and game, chapter 302 relating to drivers' and commercial drivers' license, chapter 303 relating to motor vehicle financial responsibility, chapter 304 relating to traffic regulations, chapter 306 relating to watercraft

HCB 9 regulation and licensing, and chapter 307 relating to vehicle equipment regulations. Any clerk of the court receiving moneys pursuant to such judgments shall collect and disburse such crime victims' compensation judgments in the manner provided by sections 488.010 to 488.020. Such funds shall be payable to the state treasury and deposited to the credit of the crime victims' compensation fund. 9. The clerk of the court processing such funds shall maintain records of all dispositions described in subsection 1 of this section and all dispositions where a judgment has been entered against a defendant in favor of the state of Missouri in accordance with this section; all payments made on judgments for alcohol-related traffic offenses; and any judgment or portion of a judgment entered but not collected. These records shall be subject to audit by the state auditor. The clerk of each court transmitting such funds shall report separately the amount of dollars collected on judgments entered for alcohol-related traffic offenses from other crime victims' compensation collections or services to victims collections. 10. The department of revenue shall maintain records of funds transmitted to the crime victims' compensation fund by each reporting court and collections pursuant to subsection 16 of this section and shall maintain separate records of collection for alcohol-related offenses. 11. The state courts administrator shall include in the annual report required by section 476.350 the circuit court caseloads and the number of crime victims' compensation judgments entered. 12. All awards made to injured victims under sections 595.010 to 595.105 and all appropriations for administration of sections 595.010 to 595.105, except sections 595.050 and 595.055, shall be made from the crime victims' compensation fund. Any unexpended balance remaining in the crime victims' compensation fund at the end of each biennium shall not be subject to the provision of section 33.080 requiring the transfer of such unexpended balance to the ordinary revenue fund of the state, but shall remain in the crime victims' compensation fund. In the event that there are insufficient funds in the crime victims' compensation fund to pay all claims in full, all claims shall be paid on a pro rata basis. If there are no funds in the crime victims' compensation fund, then no claim shall be paid until funds have again accumulated in the crime victims' compensation fund. When sufficient funds become available from the fund, awards which have not been paid shall be paid in chronological order with the oldest paid first. In the event an award was to be paid in installments and some remaining installments have not been paid due to a lack of funds, then when funds do become available that award shall be paid in full. All such awards on which installments remain due shall be paid in full in chronological order before any other postdated award shall be paid. Any award pursuant to this subsection is specifically not a claim against the state, if it cannot be paid due to a lack of funds in the crime victims' compensation fund.

HCB 9

  1. When judgment is entered against a defendant as provided in this section and such sum, or any part thereof, remains unpaid, there shall be withheld from any disbursement, payment, benefit, compensation, salary, or other transfer of money from the state of Missouri to such defendant an amount equal to the unpaid amount of such judgment. Such amount shall be paid forthwith to the crime victims' compensation fund and satisfaction of such judgment shall be entered on the court record. Under no circumstances shall the general revenue fund be used to reimburse court costs or pay for such judgment. The director of the department of corrections shall have the authority to pay into the crime victims' compensation fund from an offender's compensation or account the amount owed by the offender to the crime victims' compensation fund, provided that the offender has failed to pay the amount owed to the fund prior to entering a correctional facility of the department of corrections.
  2. All interest earned as a result of investing funds in the crime victims' compensation fund shall be paid into the crime victims' compensation fund and not into the general revenue of this state. connection with any claim hereunder is guilty of a class A misdemeanor.
  3. The department may receive gifts and contributions for the benefit of crime victims. Such gifts and contributions shall be credited to the crime victims' compensation fund as used solely for compensating victims under the provisions of sections 595.010 to 595.075.

  4. Any person who knowingly makes a fraudulent claim or false statement in

(1) One member chosen to represent an association domiciled in this state whose primary

650.330. 1. The committee for 911 service oversight shall consist of sixteen members, one of which shall be chosen from the department of public safety who shall serve as chair of the committee and only vote in the instance of a tie vote among the other members, and the other members shall be selected as follows: interest relates to counties; whose primary interest relates to a national emergency number; issues pertaining to fire chiefs; whose primary interest relates to issues pertaining to public safety communications officers; issues pertaining to police chiefs;

(2) One member chosen to represent the Missouri public service commission; (3) One member chosen to represent emergency medical services; (4) One member chosen to represent an association with a chapter domiciled in this state

(5) One member chosen to represent an association whose primary interest relates to

(6) One member chosen to represent an association with a chapter domiciled in this state

(7) One member chosen to represent an association whose primary interest relates to

HCB 9

(8) One member chosen to represent a league or association domiciled in this state whose

(3) Provide recommendations to public agencies concerning model systems to be

(12) One member chosen to represent telecommunications service providers with at least

(13) One member chosen to represent telecommunications service providers with less

(14) One member chosen to represent a professional association of physicians who

(9) One member chosen to represent an association domiciled in this state whose primary

(10) One member chosen to represent 911 service providers in counties of the second,

(11) One member chosen to represent 911 service providers in counties of the first primary interest relates to issues pertaining to municipalities; interest relates to issues pertaining to sheriffs; third and fourth classification; classification, with and without charter forms of government, and cities not within a county; one hundred thousand access lines located within Missouri; than one hundred thousand access lines located within Missouri; conduct with emergency care; and (15) One member chosen to represent the general public of Missouri who represents an association whose primary interest relates to education and training, including that of 911, police and fire dispatchers. 2. Each of the members of the committee for 911 service oversight shall be appointed by the governor with the advice and consent of the senate for a term of four years; except that, of those members first appointed, four members shall be appointed to serve for one year, four members shall be appointed to serve for two years, four members shall be appointed to serve for three years and four members shall be appointed to serve for four years. Members of the committee may serve multiple terms. 3. The committee for 911 service oversight shall meet at least quarterly at a place and time specified by the chairperson of the committee and it shall keep and maintain records of such meetings, as well as the other activities of the committee. Members shall not be compensated but shall receive actual and necessary expenses for attending meetings of the committee. procedures; points on statewide technical and operational standards for 911 services; considered in preparing a 911 service plan; 4. The committee for 911 service oversight shall:

(2) Provide recommendations for primary answering points and secondary answering

  1. The committee for 911 service oversight shall: (1) Organize and adopt standards governing the committee's formal and informal

HCB 9

(8)

to promote successful development,

to political subdivisions

involved

(4)

Provide requested mediation services

Perform other duties as necessary

(7) Aid and assist in the timely collection and dissemination of information relating to

(9) Advise the department of public safety on establishing rules and regulations

in jurisdictional disputes regarding the provision of 911 services, except that such committee shall not supersede decision-making authority of local political subdivisions in regard to 911 services; (5) Provide assistance to the governor and the general assembly regarding 911 services; (6) Review existing and proposed legislation and make recommendations as to changes that would improve such legislation; the use of a universal emergency telephone number; implementation and operation of 911 systems across the state; and necessary to administer the provisions of sections 650.320 to 650.340. 5. The department of public safety shall provide staff assistance to the committee for 911 service oversight as necessary in order for the committee to perform its duties pursuant to sections 650.320 to 650.340. 6. The department of public safety is authorized to adopt those rules that are reasonable and necessary to accomplish the limited duties specifically delegated within section 650.340. Any rule or portion of a rule, as that term is defined in section 536.010, shall become effective only if it has been promulgated pursuant to the provisions of chapter 536. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 1999, shall be invalid and void. 7. The director of the department of public safety shall be the state of Missouri's state 911 coordinator and the director may designate an employee of the department of public safety to act as his or her designee in accomplishing the responsibilities of the Missouri state 911 coordinator. [566.125. 1. The court shall sentence a person to an extended term of

imprisonment if it finds the defendant is a persistent sexual offender and has been

found guilty of attempting to commit or committing the following offenses:

(1) Statutory rape in the first degree or statutory sodomy in the first

degree;

(2) Rape in the first degree or sodomy in the first degree; (3) Forcible rape; (4) Forcible sodomy; (5) Rape; (6) Sodomy.

HCB 9

  1. A "persistent sexual offender" is one who has previously been found guilty of attempting to commit or committing any of the offenses listed in

subsection 1 of this section or one who has previously been found guilty of an

offense in any other jurisdiction which would constitute any of the offenses listed in subsection 1 of this section.

  1. The term of imprisonment for one found to be a persistent sexual offender shall be imprisonment for life without eligibility for probation or parole. Subsection 4 of section 558.019 shall not apply to any person imprisoned under this subsection, and "imprisonment for life" shall mean imprisonment for the duration of the person's natural life.

  2. The court shall sentence a person to an extended term of imprisonment as provided for in this section if it finds the defendant is a predatory sexual

offender and has been found guilty of committing or attempting to commit any

of the offenses listed in subsection 1 of this section or committing child molestation in the first or second degree or sexual abuse when classified as a class B felony.

  1. For purposes of this section, a "predatory sexual offender" is a person

who:

(1) Has previously been found guilty of committing or attempting to commit any of the offenses listed in subsection 1 of this section, or committing

child molestation in the first or second degree, or sexual abuse when classified as a class B felony; or

(2) Has previously committed an act which would constitute an offense listed in subsection 4 of this section, whether or not the act resulted in a conviction; or

(3) Has committed an act or acts against more than one victim which would constitute an offense or offenses listed in subsection 4 of this section, whether or not the defendant was charged with an additional offense or offenses as a result of such act or acts.

  1. A person found to be a predatory sexual offender shall be imprisoned for life with eligibility for parole, however subsection 4 of section 558.019 shall

not apply to persons found to be predatory sexual offenders for the purposes of

determining the minimum prison term or the length of sentence as defined or used in such subsection. Notwithstanding any other provision of law, in no event

shall a person found to be a predatory sexual offender receive a final discharge from parole.

  1. Notwithstanding any other provision of law, the court shall set the minimum time required to be served before a predatory sexual offender is eligible for parole, conditional release or other early release by the department of

corrections. The minimum time to be served by a person found to be a predatory

sexual offender who:

(1) Has previously been found guilty of committing or attempting to commit any of the offenses listed in subsection 1 of this section and is found

HCB 9

guilty of committing or attempting to commit any of the offenses listed in

subsection 1 of this section shall be any number of years but not less than thirty

years;

(2) Has previously been found guilty of child molestation in the first or second degree, or sexual abuse when classified as a class B felony and is found guilty of attempting to commit or committing any of the offenses listed in

subsection 1 of this section shall be any number of years but not less than fifteen

years;

(3) Has previously been found guilty of committing or attempting to commit any of the offenses listed in subsection 1 of this section, or committing

child molestation in the first or second degree, or sexual abuse when classified as a class B felony shall be any number of years but not less than fifteen years; (4) Has previously been found guilty of child molestation in the first degree or second degree, or sexual abuse when classified as a class B felony, and is found guilty of child molestation in the first or second degree, or sexual abuse

when classified as a class B felony shall be any number of years but not less than fifteen years;

(5) Is found to be a predatory sexual offender pursuant to subdivision (2) or (3) of subsection 5 of this section shall be any number of years within the range to which the person could have been sentenced pursuant to the applicable law if the person was not found to be a predatory sexual offender.

  1. Notwithstanding any provision of law to the contrary, the department of corrections, or any division thereof, may not furlough an individual found to be and sentenced as a persistent sexual offender or a predatory sexual offender.]

T