Modifies the offense of possession of unlawful items in a prison or jail

SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 2708
103RD GENERAL ASSEMBL Y
6229H.02C JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 221.1 1 1, RSMo, and to enact in lieu thereof one new section relating to the
possession of unlawful items in a prison or jail, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 221.1 1 1, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 221.1 1 1, to read as follows:
221.1 1 1. 1. A person commits the of fense of possession of unlawful items in a prison
2 or jail if such person knowingly delivers, attempts to deliver , possesses, deposits, or conceals
3 in or about the premises of any correctional center as the term "correctional center" is defined
4 under section 217.010, or any city , county , or private jail:
5 (1) Any controlled substance as that term is defined by law , except upon the written
6 or electronic prescription of a licensed physician, dentist, or veterinarian;
7 (2) Any other alkaloid of any kind or any intoxicating liquor as the term intoxicating
8 liquor is defined in section 31 1.020;
9 (3) Any article or item of personal property which a prisoner is prohibited by law , by
10 rule made pursuant to section 221.060, or by regulation of the department of corrections from
11 receiving or possessing, except as herein provided;
12 (4) Any gun, knife, weapon, or other article or item of personal property that may be
13 used in such manner as to endanger the safety or security of the institution or as to endanger
14 the life or limb of any prisoner or employee thereof ;
15 (5) Any unauthorized portable electr onic communication device that is capable
16 of being used to initiate, recei ve, store, or view communication, information, images, or
17 data. Such electr onic communication devices shall include, but not be limited to,
18 cellular telephones, portable telephones, text messaging devices, personal digital
EXPLANA TION — 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.
19 assistants, pagers, broa dband personal communication devices, electr onic devices with
20 mobile data access, and any substantially similar device that is capable of being used to
21 initiate or r eceive communication or stor e and rev iew information, videos, images, or
22 data .
23 2. The violation of subdivision (1) of subsection 1 of this section shall be a class D
24 felony; the violation of subdivision (2) of this section shall be a class E felony; the violation
25 of subdivision (3) of this section shall be a class A misdemeanor; [ and ] the violation of
26 subdivision (4) of this section shall be a class B felony ; and the violation of subdivision (5)
27 of this section shall be a class D felony .
28 3. The chief operating of ficer of a county or city jail or other correctional facility or
29 the administrator of a private jail may deny visitation privileges to or refer to the county
30 prosecuting attorney for prosecution any person who knowingly delivers, attempts to deliver ,
31 possesses, deposits, or conceals in or about the premises of such jail or facility any personal
32 item which is prohibited by rule or regulation of such jail or facility . Such rules or
33 regulations, including a list of personal items allowed in the jail or facility , shall be
34 prominently posted for viewing both inside and outside such jail or facility in an area
35 accessible to any visitor , and shall be made available to any person requesting such rule or
36 regulation. V iolation of this subsection shall be an infraction if not covered by other statutes.
37 4. Any person who has been found guilty of a violation of subdivision (2) of
38 subsection 1 of this section involving any alkaloid shall be entitled to expungement of the
39 record of the violation. The procedure to expunge the record shall be pursuant to section
40 610.123. The record of any person shall not be expunged if such person has been found
41 guilty of knowingly delivering, attempting to deliver , possessing, depositing, or concealing
42 any alkaloid of any controlled substance in or about the premises of any correctional center ,
43 or city or county jail, or private prison or jail.
✔
HCS HB 2708 2