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SECOND REGULAR SESSION
HOUSE BILL NO. 3536
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE CHRIST .
7506H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 558.016, RSMo, and to enact in lieu thereof one new section relating to
extended sentences for prior criminal conduct.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 558.016, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 558.016, to read as follows:
558.016. 1. The court may sentence a person who has been found guilty of an of fense
2 to a term of imprisonment as authorized by section 558.01 1 or to a term of imprisonment
3 authorized by a statute governing the of fense if it finds the defendant is a prior of fender or a
4 persistent misdemeanor of fender . The court [ may ] shall sentence a person to an extended
5 term of imprisonment if:
6 (1) The defendant is a persistent of fender or a dangerous of fender , and the person is
7 sentenced under subsection 7 of this section;
8 (2) The statute under which the person was found guilty contains a sentencing
9 enhancement provision that is based on a prior finding of guilt or a finding of prior criminal
10 conduct and the person is sentenced according to the statute; or
11 (3) A more specific sentencing enhancement provision applies that is based on a prior
12 finding of guilt or a finding of prior criminal conduct.
13 2. A "prior of fender" is one who has been found guilty of one felony .
14 3. A "persistent of fender" is one who has been found guilty of two or more felonies
15 committed at dif ferent times, or one who has been previously found guilty of a dangerous
16 felony as defined in subdivision (19) of section 556.061.
17 4. A "dangerous of fender" is one who:
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 (1) Is being sentenced for a felony during the commission of which he knowingly
19 murdered or endangered or threatened the life of another person or knowingly inflicted or
20 attempted or threatened to inflict serious physical injury on another person; and
21 (2) Has been found guilty of a class A or B felony or a dangerous felony .
22 5. A "persistent misdemeanor of fender" is one who has been found guilty of two or
23 more of fenses, committed at dif ferent times that are classified as A or B misdemeanors under
24 the laws of this state.
25 6. The findings of guilt shall be prior to the date of commission of the present offense.
26 7. The court shall sentence a person, who has been found to be a persistent of fender or
27 a dangerous of fender , and is found guilty of a class B, C, D, or E felony to the authorized term
28 of imprisonment for the of fense that is one class higher than the of fense for which the person
29 is found guilty .
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HB 3536 2