All Criminal Procedure Legislation - Missouri

SB 1208 - This act repeals the current procedures regarding criminal activity forfeiture actions and establishes new procedures. Any property used or intended to be used in the commission of a crime or the proceeds of any crime will be subject to criminal forfeiture. Property may be subject to forfeiture even though a criminal prosecution is not conducted. This act establishes that the circuit court where the property seizure occurred has jurisdiction over any seized property. A proceeding for forfeiture may be brought in a circuit in which any part of the property is found or where a civil or criminal action could be maintained against an owner for the conduct alleged to give rise to the forfeiture. The defendant may obtain a change of venue if the prejudice against him or her is too great. This act specifies what property may be subject to criminal forfeiture and creates certain exceptions to protect innocent parties. Real property will not be subject to forfeiture if the only conduct [...]

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SB 1194 - Currently, a person who pleads guilty to or is found guilty of forcible rape or sodomy of a child under the age of twelve shall receive a sentence of life imprisonment without eligibility for probation or parole for thirty years. Under this act, such crimes are punishable by either death or life imprisonment without probation, parole, or release, unless the offender has not yet reached the age of eighteen, in which case, the punishment shall only be life imprisonment without probation, parole, or release. The crimes of forcible rape or sodomy of a child under the age of twelve are treated in the same manner as first degree murder. With limited exceptions, such crimes may not be tried together with any offense other than such offense of the same nature. At any such trial, when the death penalty has not been waived, opposing counsel shall provide each other with certain information, such as a list of witnesses and a list of mitigating or aggravating circumstances that the counsel [...]

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SB 1095 - This act creates the crime of aggravated child kidnapping. A person, who is not a relative of the victim, commits such crime when he or she, after deliberation on the matter, kidnaps a child under the age of eighteen by forcible compulsion or kidnaps a child under the age of twelve without the consent of the child's parent or guardian, and also forcibly rapes or sodomizes such child. This crime is a felony punishable by either death or life imprisonment without probation, parole, or release, unless the offender has not yet reached the age of sixteen, in which case, the punishment shall only be life imprisonment without probation, parole, or release. The crime of aggravated child kidnapping is treated in the same manner as first degree murder. With limited exceptions, no aggravated child kidnapping offense may be tried together with any offense other than aggravated child kidnapping. At any such trial, when the death penalty has not been waived, opposing counsel shall provide [...]

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SB 975 - This act requires alcohol monitoring for persons with repeat alcohol-related offenses in certain circumstances instead of serving a more lengthy mandatory minimum sentence. The term "continuous alcohol monitoring" means automatically testing alcohol concentration levels and tampering attempts, regardless of the location of the person wearing the device, at least once each hour and regularly transmitting the data through a remote device worn by such person. Currently, no prior offender is eligible for probation or parole until he or she serves a minimum of five days imprisonment, unless the person performs at least thirty days of community service. Under this act, a prior offender would also be required to abstain from consuming alcohol. This requirement shall be verifiable by continuous alcohol monitoring or breath alcohol testing performed a minimum of four times per day as scheduled by the court, for not less than thirty days but not more than ninety days. Currently,[...]

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SS/SCS/SBs 714, 933, 899 & 758 - This act modifies various provisions relating to sexual offenses.SECTIONS 43.650, 43.651, 589.402, & 589. 407 (also see Sections 589.402 & 589.407 below) Any person required to register as a sexual offender must provide county law enforcement with any online identifying information he or she uses. Such information shall be made available to the public on the sex offender registry website, but only through specific searches using the online identifier. The information shall not be included in a general profile of the offender. Subject to appropriations, the Highway Patrol shall make online identifying information of registered sex offenders available to certain electronic and computer businesses to prescreen users and to compare information held by the business. The patrol shall promulgate rules regarding the release and use of online identifying information and establish a fee for such service. Information obtained by the business shall not [...]

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HCS/SCS/SBs 754 & 794 - This act modifies provisions relating to DNA profiling analysis. This act requires juveniles adjudicated of offenses which would constitute a felony under Chapter 565, RSMO, or any sexual offense under Chapter 566, RSMo, if committed by an adult, to have a biological sample collected for the purposes of DNA profiling analysis. Any person required to provide a DNA sample shall be required to provide such sample at a collection site. Currently such site shall be designated by the highway patrol or the department of corrections. This act allows such site to also be designated by the law enforcement agency of the county or the City of St. Louis, where the finding or plea of guilt occurred. Any knowing refusal or failure to provide a DNA sample is a Class A misdemeanor. Knowingly unauthorized tampering, knowing attempt to tamper with, or other knowingly unauthorized use, knowing attempt to use, or knowing dissemination of DNA samples is a Class A misdemeanor.[...]

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HCS/SCS/SB 767 - This act modifies various provisions relating to the public defender system and the number of judges in various circuits.SECTION 478.387 After August 28, 2008, the number of circuit judges in the twenty-second judicial circuit shall be reduced by six circuit judges. Such reductions shall be the first six vacancies or the first six completions of the current terms of circuit judges occurring on or after such date.SECTION 478.437 Beginning October 1, 2008, there shall be two additional associate circuit judges in the twenty-first judicial circuit. The additional associate circuit judge shall sit in the city of Independence.SECTION 478.463 Beginning October 1, 2008, there shall be one additional associate circuit judge in the sixteenth judicial circuit.SECTION 478.513 Beginning October 1, 2008, there shall be two additional circuit judges in the thirty-first judicial circuit. Such judges shall be appointed by the governor to serve until the elected [...]

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SB 790 - This act creates a "Crime Laboratory Review Commission" to independently review the operations of crime laboratories in the state of Missouri that receive state-administered funding. The commission shall consist of nine members, including a senior manager of an accredited crime lab, an active or retired judge, a prosecuting attorney, a criminal defense attorney, a licensed law enforcement officer in a management position, a crime victims' advocate, the director of the Department of Public Safety or a designee, a higher education faculty member teaching science, and a public member with some expertise in forensic science. The commission members shall be appointed by the Governor with the advice and consent of the Senate. The members shall serve terms of six years and the chairman shall be the director of the department or his or her designee. The commission shall have the power to assess the capabilities and needs of the crime labs and make recommendations for improvements,[...]

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