SB5 - Makes numerous changes to sentencing laws
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||Makes numerous changes to sentencing laws
HS/HCS/SS/SCS/SB 5 - This act makes numerous changes to
PROSECUTING ATTORNEYS AND CIRCUIT ATTORNEYS RETIREMENT FUND
Adds a $4 surcharge to all criminal cases filed, including any
county ordinance violation or traffic violation to be payable to
the prosecuting attorneys and circuit attorneys' retirement fund.
The amount of the county contribution to the retirement fund was
restructured (Section 488.026 and 56.807).
RESIDENCY REQUIREMENTS FOR KANSAS CITY POLICE OFFICERS
This act removes the one year residency requirement for Kansas
City police officers. The Board of Police Commissioners has the
sole authority to determine conditions of employment for police
officers (Section 84.570).
PROGRAM FOR OFFENDERS WITH SUBSTANCE ABUSE ACTION - This act
adds alcohol treatment to substance abuse programs for offenders.
The treatment must be at least 12 months and no more than 24
months. The Department of Corrections has the ability to
determine the nature, intensity, duration and completion criteria
of the programs provided. Thirty days prior to the successful
completion of the program, the Board of Probation and Parole
shall advise the sentencing court of an offender's probationary
release. An offender's participation in this program shall not
be counted as a previous prison commitment (Section 217.362).
PROBATION SERVICES - This act eliminates mandatory probation
services for misdemeanor Chapter 570, RSMo, offenses (Section
PROBATION AND PAROLE - The act requires all felony cases where
the recommended sentence established by the sentencing advisory
commission includes probation but the prosecuting attorney does
not include probation, the Board of Probation and Parole shall
provide the judge with a report on available alternatives to
incarceration prior to sentencing.
The act adds to the list of requirements for the presentence
or preparole report three additional requirements: (1)
Information concerning the impact of the crime on the victim; (2)
Recommended sentence established by the Sentencing Advisory
Commission; and (3) Available alternatives to incarceration
including opportunities for restorative justice (Section
CIRCUIT NO. 13 - This act provides that beginning on January 1,
2007, the number of circuit judges in the 13th judicial circuit
shall increase from three to four. The fourth circuit judge
shall be elected in 2006 for a two-year term and thereafter in
2008 for a full four-year term (Section 478.610).
INMATE SECURITY FUND Upon approval from a governing body of a
city or county, a surcharge of $2 is assessed as costs in all
criminal cases including municipal ordinance violations and
juvenile cases. The surcharge is deposited in the "Inmate
Security Fund". The fund is used to develop biometric
identification systems to insure inmates can properly be
identified and tracked within the local jail system (Section
FEDERAL FORFEITURE SYSTEM - The independent audit required of law
enforcement agencies involved in federal forfeitures shall be
provided to the Department of Public Safety, as well as to the
governing body of the agency. The Department shall not issue
funds to any law enforcement agency that fails to comply (Section
DANGEROUS FELONIES - Adds to the list of dangerous felonies the
following: (1) First degree assault of a law enforcement
officer; (2) First degree domestic assault; (3) First degree
elder abuse; (4) First degree statutory rape if victim is less
than 12 years old; (5) First degree statutory sodomy if the
victim is less than 12 years old; and (6) Abuse of a child
pursuant to subdivision (2) of subsection 3 of section 568.060,
RSMo (Section 556.061).
ROLE OF THE COURT AND JURY IN SENTENCING - Creates a bifurcated
trial if the jury reaches a guilty verdict. A second hearing
shall be conducted for the jury to determine the extent or
duration of sentence or other disposition based on the nature and
circumstances of the offense and the history of the defendant
SENTENCES OF IMPRISONMENT - This act changes the maximum
punishment for a Class D felony from 5 years to 4 years (Section
PRIOR/PERSISTENT OFFENDERS - Changes authorized maximum terms for
persistent and dangerous offenders:
Class A felony any sentence authorized by a Class A felony;
Class B felony any sentence authorized by a Class A felony;
Class C felony any sentence authorized by a Class B felony;
Class D felony any sentence authorized by a Class C felony.
PRIOR CONVICTIONS, MINIMUM PRISON TERMS - The act allows a
previous offender to be released if he or she serves 30% of the
sentence or obtains age 70, whichever occurs first.
If there is a Suspended Imposition of Sentence or a
Suspended Execution of Sentence, the court may consider several
restorative justice methods (Section 558.019).
This act requires the sentencing commission to study
alternative sentences and report the recommendations to the
General Assembly by July 1, 2005. The recommendations shall be
revised every two years (Section 558.019).
DETENTION CONDITION OF PROBATION - Detention up to 48 hours shall
be a condition of probation after the determination by a
probation or parole officer that the offender violated a
condition of continued probation or parole (Section 559.026).
PROBATION - A circuit court has the power to grant probation to
an offender anytime up to 120 days after he or she has been
delivered to the Department of Corrections.
When the court places an offender in a 120 day program, the
offender shall be released on probation upon the successful
completion of the program. If it is not recommended the offender
be released, a hearing by the circuit court will be conducted to
determine if the offender shall be released or if the sentence
shall be executed.
A circuit court shall have the power to grant probation up
to 120 days after such offender has been delivered to the
Department of Corrections, but not after.
The act adds an exception to the reporting rule if the
person is being granted probation pursuant to successful
completion of a 120-day program. An offender's incarceration in
a 120-day program prior to the release on probation shall not be
considered a previous prison commitment for determining a minimum
prison term (Section 559.115).
ASSAULT OF LAW ENFORCEMENT OFFICER OR EMERGENCY PERSONNEL Adds
emergency personnel to the crimes of first, second and third
degree assault of a law enforcement officer (Sections 565.081,
TAMPERING WITH PRESCRIPTION DRUGS A person commits the crime of
tampering with a prescription drug if: (1) Casus the intentional
adulteration of the concentration or chemical structure of a drug
without the consent of the prescribing practitioner; (2)
Misrepresents a misbranded, altered or diluted prescription drug
or drug therapy; or (3) Sells a misbranded, altered or diluted
drug with the intent to mislead a purchaser. Tampering with a
prescription drug is a Class A felony (Section 565.350).
FIRST DEGREE ENDANGERMENT OF A CHILD - The penalty for first
degree endangering the welfare of a child is increased from a
Class D felony to a Class C felony. Subsequent offenses are a
Class B felony (Section 568.045).
STEALING - This act increases the stealing penalties for theft of
any material used to manufacture methamphetamine to a Class C
felony. Any theft of anhydrous ammonia or liquid nitrogen is
increased from a Class C felony to a Class B felony (Section
STEALING, THIRD OFFENSE - This act changes the crime from a Class
C felony to a Class D felony (Section 570.040).
UNLAWFUL USE OF WEAPONS The act allows peace officers
completing POST training to carry a concealed weapon whether on
or off duty, and whether inside or outside of his or her
jurisdiction (Section 571.030).
SEXUAL OFFENDER REGISTRY This act allows campus law enforcement
agencies to be notified by the sheriff regarding persons who
register under the Sexual Offender Registry. Requires an
individual on the list to inform the sheriff about enrollment
into any institution of higher education or if the person ceases
to be enrolled or employed by an institution of higher education
(Sections 589.400, 589.407, and 589.414).
VICTIMS RIGHTS This act grants victims the right to be present
at all criminal trials, even if he or she is only a witness
This act is similar to SB 245 (2001); SB 662 (2003); SB 345
(2003); SB 321 (2003); SB 184 (2003); HB 697 (2003).
This act contains an emergency clause.