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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1068
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR HENDERSON.
5604S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 221.111, RSMo, and to enact in lieu thereof one new section relating to the
offense of possession of unlawful items in a prison, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 221.111, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 221.111, 2
to read as follows:3
221.111. 1. A person commits the offense of 1
possession of unlawful items in a prison or jail if such 2
person knowingly delivers, attempts to deliver, possesses, 3
deposits, or conceals in or about the premises of any 4
correctional center as the term "correctional center" is 5
defined under section 217.010, or any city, county, or 6
private jail: 7
(1) Any controlled substance as that term is defined 8
by law, except upon the written or electronic prescription 9
of a licensed physician, dentist, or veterinarian; 10
(2) Any other alkaloid of any kind or any intoxicating 11
liquor as the term intoxicating liquor is defined in section 12
311.020; 13
(3) Any article or item of personal property which a 14
prisoner is prohibited by law, by rule made pursuant to 15
section 221.060, or by regulation of the department of 16
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corrections from receiving or possessing, except as herein 17
provided; 18
(4) Any gun, knife, weapon, or other article or item 19
of personal property that may be used in such manner as to 20
endanger the safety or security of the institution or as to 21
endanger the life or limb of any prisoner or employee 22
thereof; 23
(5) Any unauthorized portable electronic communication 24
device that is used to initiate, receive, store, or view 25
communication, information, images, or data electronically. 26
Such electronic communication devices shall include but not 27
be limited to: cellular telephones; portable telephones; 28
text-messaging devices; personal digital assistants; pagers; 29
broadband personal communication devices; electronic devices 30
with mobile data access; and any substantially similar 31
device that is used to initiate or receive communication or 32
store and review information, videos, images, or data. 33
2. The violation of subdivision (1) of subsection 1 of 34
this section shall be a class D felony; the violation of 35
subdivision (2) of this section shall be a class E felony; 36
the violation of subdivision (3) of this section shall be a 37
class A misdemeanor; [and] the violation of subdivision (4) 38
of this section shall be a class B felony; and the violation 39
of subdivision (5) of this section shall be a class D felony. 40
3. The chief operating officer of a county or city 41
jail or other correctional facility or the administrator of 42
a private jail may deny visitation privileges to or refer to 43
the county prosecuting attorney for prosecution any person 44
who knowingly delivers, attempts to deliver, possesses, 45
deposits, or conceals in or about the premises of such jail 46
or facility any personal item which is prohibited by rule or 47
regulation of such jail or facility. Such rules or 48
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regulations, including a list of personal items allowed in 49
the jail or facility, shall be prominently posted for 50
viewing both inside and outside such jail or facility in an 51
area accessible to any visitor, and shall be made available 52
to any person requesting such rule or regulation. Violation 53
of this subsection shall be an infraction if not covered by 54
other statutes. 55
4. Any person who has been found guilty of a violation 56
of subdivision (2) of subsection 1 of this section involving 57
any alkaloid shall be entitled to expungement of the record 58
of the violation. The procedure to expunge the record shall 59
be pursuant to section 610.123. The record of any person 60
shall not be expunged if such person has been found guilty 61
of knowingly delivering, attempting to deliver, possessing, 62
depositing, or concealing any alkaloid of any controlled 63
substance in or about the premises of any correctional 64
center, or city or county jail, or private prison or jail. 65
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