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SECOND REGULAR SESSION
HOUSE BILL NO. 2836
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE COLLINS.
5843H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 558.019, RSMo, and to enact in lieu thereof one new section relating to
minimum prison terms.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 558.019, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 558.019, to read as follows:
558.019. 1. This section shall not be construed to af fect the powers of the governor
2 under Article IV , Section 7, of the Missouri Constitution. This statute shall not affect those
3 provisions of section 565.020 or section 566.125, which set minimum terms of sentences, or
4 the provisions of section 559.1 15, relating to probation.
5 2. The provisions of subsections 2 to 5 of this section shall only be applicable to the
6 of fenses contained in sections 565.021, 565.023, 565.024, 565.027, 565.050, 565.052,
7 565.054, 565.072, 565.073, 565.074, 565.090, 565.1 10, 565.1 15, 565.120, 565.153, 565.156,
8 565.225, 565.300, 566.030, 566.031, 566.032, 566.034, 566.060, 566.061, 566.062, 566.064,
9 566.067, 566.068, 566.069, 566.071, 566.083, 566.086, 566.100, 566.101, 566.103, 566.1 1 1,
10 566.1 15, 566.145, 566.151, 566.153, 566.203, 566.206, 566.209, 566.210, 566.21 1, 566.215,
11 568.030, 568.045, 568.060, 568.065, 568.175, 569.040, 569.160, 570.023, 570.025, 570.030
12 when punished as a class A, B, or C felony , 570.145 when punished as a class A or B felony ,
13 570.223 when punished as a class B or C felony , 571.020, 571.030, 571.070, 573.023,
14 573.025, 573.035, 573.037, 573.200, 573.205, 574.070, 574.080, 574.1 15, 575.030, 575.150,
15 575.153, 575.155, 575.157, 575.200 when punished as a class A felony , 575.210, 575.230
16 when punished as a class B felony , 575.240 when punished as a class B felony , 576.070,
17 576.080, 577.010, 577.013, 577.078, 577.703, 577.706, 579.065, and 579.068 when punished
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.
18 as a class A or B felony . For the purposes of this section, "prison commitment" means and is
19 the receipt by the department of corrections of an of fender after sentencing. For purposes of
20 this section, prior prison commitments to the department of corrections shall not include an
21 of fender's first incarceration prior to release on probation under section 217.362 or 559.1 15.
22 Other provisions of the law to the contrary notwithstanding, any offender who has been found
23 guilty of a felony other than a dangerous felony as defined in section 556.061 and is
24 committed to the department of corrections shall be required to serve the following minimum
25 prison terms:
26 (1) If the offender has one previous prison commitment to the department of
27 corrections for a felony of fense, the minimum prison term which the of fender must serve shall
28 be forty percent of his or her sentence or until the of fender attains [ seventy ] sixty years of
29 age, and has served at least [ thirty ] twenty percent of the sentence imposed, whichever occurs
30 first;
31 (2) If the offender has two previous prison commitments to the department of
32 corrections for felonies unrelated to the present of fense, the minimum prison term which the
33 of fender must serve shall be fifty percent of his or her sentence or until the of fender attains
34 [ seventy ] sixty years of age, and has served at least [ forty ] thirty percent of the sentence
35 imposed, whichever occurs first;
36 (3) If the of fender has three or more previous prison commitments to the department
37 of corrections for felonies unrelated to the present of fense, the minimum prison term which
38 the of fender must serve shall be eighty percent of his or her sentence or until the of fender
39 attains [ seventy ] sixty years of age, and has served at least [ forty ] thirty percent of the
40 sentence imposed, whichever occurs first.
41 3. Other provisions of the law to the contrary notwithstanding, any of fender who has
42 been found guilty of a dangerous felony as defined in section 556.061 and is committed to the
43 department of corrections shall be required to serve a minimum prison term of eighty-five
44 percent of the sentence imposed by the court or until the of fender attains [ seventy ] sixty years
45 of age, and has served at least [ forty ] thirty percent of the sentence imposed, whichever
46 occurs first.
47 4. For the purpose of determining the minimum prison term to be served, the
48 following calculations shall apply:
49 (1) A sentence of life shall be calculated to be thirty years;
50 (2) Any sentence either alone or in the aggregate with other consecutive sentences for
51 of fenses committed at or near the same time which is over seventy-five years shall be
52 calculated to be seventy-five years.
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53 5. For purposes of this section, the term "minimum prison term" shall mean time
54 required to be served by the of fender before he or she is eligible for parole, conditional
55 release or other early release by the department of corrections.
56 6. An of fender who was convicted of, or pled guilty to, a felony of fense other than
57 those of fenses listed in subsection 2 of this section prior to August 28, 2019, shall no longer
58 be subject to the minimum prison term provisions under subsection 2 of this section, and shall
59 be eligible for parole, conditional release, or other early release by the department of
60 corrections according to the rules and regulations of the department.
61 7. (1) A sentencing advisory commission is hereby created to consist of eleven
62 members. One member shall be appointed by the speaker of the house. One member shall be
63 appointed by the president pro tem of the senate. One member shall be the director of the
64 department of corrections. Six members shall be appointed by and serve at the pleasure of the
65 governor from among the following: the public defender commission; private citizens; a
66 private member of the Missouri Bar; the board of probation and parole; and a prosecutor .
67 T wo members shall be appointed by the supreme court, one from a metropolitan area and one
68 from a rural area. All members shall be appointed to a four- year term. All members of the
69 sentencing commission appointed prior to August 28, 1994, shall continue to serve on the
70 sentencing advisory commission at the pleasure of the governor .
71 (2) The commission shall study sentencing practices in the circuit courts throughout
72 the state for the purpose of determining whether and to what extent disparities exist among
73 the various circuit courts with respect to the length of sentences imposed and the use of
74 probation for of fenders convicted of the same or similar of fenses and with similar criminal
75 histories. The commission shall also study and examine whether and to what extent
76 sentencing disparity among economic and social classes exists in relation to the sentence of
77 death and if so, the reasons therefor , if sentences are comparable to other states, if the length
78 of the sentence is appropriate, and the rate of rehabilitation based on sentence. It shall
79 compile statistics, examine cases, draw conclusions, and perform other duties relevant to the
80 research and investigation of disparities in death penalty sentencing among economic and
81 social classes.
82 (3) The commission shall study alternative sentences, prison work programs, work
83 release, home-based incarceration, probation and parole options, and any other programs and
84 report the feasibility of these options in Missouri.
85 (4) The governor shall select a chairperson who shall call meetings of the commission
86 as required or permitted pursuant to the purpose of the sentencing commission.
87 (5) The members of the commission shall not receive compensation for their duties
88 on the commission, but shall be reimbursed for actual and necessary expenses incurred in the
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89 performance of these duties and for which they are not reimbursed by reason of their other
90 paid positions.
91 (6) The circuit and associate circuit courts of this state, the of fice of the state courts
92 administrator , the department of public safety , and the department of corrections shall
93 cooperate with the commission by providing information or access to information needed by
94 the commission. The of fice of the state courts administrator will provide needed staf fing
95 resources.
96 8. Courts shall retain discretion to lower or exceed the sentence recommended by the
97 commission as otherwise allowable by law , and to order restorative justice methods, when
98 applicable.
99 9. If the imposition or execution of a sentence is suspended, the court may order any
100 or all of the following restorative justice methods, or any other method that the court finds
101 just or appropriate:
102 (1) Restitution to any victim or a statutorily created fund for costs incurred as a result
103 of the offender's actions;
104 (2) Offender treatment programs;
105 (3) Mandatory community service;
106 (4) W ork release programs in local facilities; and
107 (5) Community-based residential and nonresidential programs.
108 10. Pursuant to subdivision (1) of subsection 9 of this section, the court may order the
109 assessment and payment of a designated amount of restitution to a county law enforcement
110 restitution fund established by the county commission pursuant to section 50.565. Such
111 contribution shall not exceed three hundred dollars for any char ged of fense. Any restitution
112 moneys deposited into the county law enforcement restitution fund pursuant to this section
113 shall only be expended pursuant to the provisions of section 50.565.
114 1 1. A judge may order payment to a restitution fund only if such fund had been
115 created by ordinance or resolution of a county of the state of Missouri prior to sentencing. A
116 judge shall not have any direct supervisory authority or administrative control over any fund
117 to which the judge is ordering a person to make payment.
118 12. A person who fails to make a payment to a county law enforcement restitution
119 fund may not have his or her probation revoked solely for failing to make such payment
120 unless the judge, after evidentiary hearing, makes a finding supported by a preponderance of
121 the evidence that the person either willfully refused to make the payment or that the person
122 willfully , intentionally , and purposefully failed to make suf ficient bona fide ef forts to acquire
123 the resources to pay .
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124 13. Nothing in this section shall be construed to allow the sentencing advisory
125 commission to issue recommended sentences in specific cases pending in the courts of this
126 state.
✔
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