2005 Legislative Summary (Regular Session)
CRIME & VICTIMS
HB 74, HB 408, HB 516, SB 292 & SB 303 would each have stopped the use of the death penalty for first degree premeditated murders. Under Missouri law only these crimes qualify for capitol punishment.
HB 302 & HB 815 both offered to lower the minimum age for a person to serve on jury duty from 21 to 18 years, allowing teens to determine serious criminal issues. (A stepping stone to lower drinking ages.)
SB 16 proposed having the state to eliminate mandatory minimum sentencing for certain felony crimes.
HB 353 is a multi-faceted crime prevention bill. In part, the bill: (1) Clarifies that criminals can face the original punishment even if the penalties were reduced after the crime was committed. (2) Requires lifetime supervision by the Board of Probation & Parole for any person convicted of certain sex offenses when the victim is younger than 14 years of age and the offender is sentenced as a prior sex offender. These offenders must be electronically monitored using a global positioning system. (3) Allows law enforcement agencies to hold a suspect arrested without a warrant for up to 24 hours before charging the person with a crime. Currently, suspects may only be held for 24 hours if arrested for a class A felony. (4) Increases the statute of limitations from three to five years for arson. (5) Eliminates abuse of the 120 day shock sentence. (6) Stops allowing an offender’s consecutive prison sentences to be timed to run as concurrent sentences. (7) Allows the court to add up to one year onto a person’s probationary period if a person has violated their probation. (8) Clarifies the crime of sexual misconduct involving exposing any genitals to a child under 14. (9) Updates laws regarding human trafficking and establishes requirements for international matchmaking organizations. (10) Increases penalties for financial exploitation of the elderly when the amount stolen is more than $50,000. (11) Creates a crime of tampering with electronic monitoring equipment worn by criminal offenders. (12) Creates crime of violating condition of lifetime supervision of certain sexual offenders. (13) Updates a variety of laws relating to stealing, tampering, or receiving stolen property.
Note: More information on HB 353 will be found in the Drugs & Alcohol Abuse and Education categories.
HB 700 authorizes the Board of Probation and Parole to charge offenders placed under the supervision of the board a fee of up to $60 a month. The bill also makes it a class C felony for any person held in a correctional facility within this state who is knowingly infected with HIV, hepatitis B, or hepatitis C to intentionally cause another person to come into contact with any of his or her bodily fluids.
SB 73 authorizes chief law enforcement officers of counties to maintain web pages on the Internet which shall be open to the public and shall include a registered sexual offender search capability. The name of the offender, the last known address of the offender, a photograph of the offender, and a crime or crimes for which the offender was convicted of shall be available to the public.
SB 420 modifies various laws regarding judicial procedures and personnel. In part the bill: (1) prohibits a child, who has been taken into custody by the state, from being reunited with a parent, or being placed back in the home in which the parent or any person living in the home has been found guilty of or plead guilty to certain sexual offenses or offenses against the family when a child was the victim. (2) Juvenile courts cannot place a juvenile sex offender in any home located within 1000 feet of the victim until such victim reaches 18 years of age.
HB 972 relates to several issues including: (1) Clarifying the crime of sexual misconduct involving a child. A person commits the crime when a person exposes his or her genitals to a child younger than 14 years of age under circumstances in which such person knows the conduct is likely to cause affront or alarm to the child. (2) Requires lifetime supervision by the Board of Probation & Parole for any person convicted of certain sex offenses whenever the victim is younger than 14 years of age and the offender is sentenced as a prior sex offender. Offenders must be electronically monitored using a global positioning system. (3) Creates a crime of violating a condition of lifetime supervision, a class C felony. The crime is committed when a person knowingly violates a condition of lifetime supervision by the board for any person convicted of certain sexual offenses. (4) Creates the crime of tampering with required electronic monitoring equipment, a class C felony. The crime is committed when a person intentionally removes or tampers with an electronic monitoring device that is required to be worn by a criminal offender under a court order or as required by the board of probation and parole.
SB 216 requires all depositions, unless otherwise ordered by a court, of employees of publicly funded crime laboratories to take place in the county where the employee is employed.
VICTIMS SELF DEFENSE RIGHTS
HB 249, HB 290 permitted removal of all firearms in a home of any alleged act of domestic violence. Providing additional harassment fodder for divorce and other familial accusatory disputes.
HB 520, SB 283 allowed cities/counties to prohibit 2nd Amendment rights in politically correct places; creating government sponsored discrimination!
HB 521, SB 41 offered to create the new crime of criminally negligent storage of firearms in a home.
HB 709, SB 325 restricts possession of firearms by persons convicted of domestic violence (any level) without considering how common it is for men to plea bargain to maintain parental rights/visitation!
HB 767 sought to revise the state concealed carry law making it a ÃƒÂ¢Ã¢â€šÂ¬Ã‹Å“closed borderÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢ law not recognized in the other 45 CC states and denying Missouri law to the 250,000,000+ current U.S. citizens already covered!
HB 911 eliminated the requirement for a permit to acquire concealable firearms. This only applies to the additional local permit and does not impact any other state or federal laws or documentations.
SB 92 allows members of the NRA to apply for a specialized auto license plate displaying their NRA membership.
HB 5 was one of the appropriations bills which put together form the stateÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢s budget for the next year (2006). This portion of the 2006 budget included all the line items necessary for the Departments of Public Safety and Administration, as well as other agencies. As some politicians looked for ways to thwart citizens right to self-defense, they attempted to place a new loophole in the concealed carry law by dropping a line item required by the courts.
Section 5.302. For payments to county sheriffs for reimbursement of expenses incurred to process applications for concealed carry endorsements or renewals in excess of the maximum fee permitted by law, pursuant to Section 50.535, RSMo
From General Revenue Fund. . . . . . . . . . . . . . . .$1
HB 365 removes the provision in Section 50.535, RSMo, which requires all the moneys in a county sheriff’s revolving fund to be used ONLY for the purchase of equipment and to provide training for law enforcement officers. County sheriffs may use the fund to cover costs associated with processing concealed carry endorsements.
This minor alteration in the CCW law removes the courtÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢s allowable excuse for some cities/counties to deny citizens their right to self-protection. When signed by Gov. Blunt, HB 365 immediately went into effect ÃƒÂ¢Ã¢â€šÂ¬Ã¢â‚¬Å“ forcing ALL sheriffs to obey the law!