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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. 1437
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR SCHROER.
5971S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 106.220, 106.230, 106.250, 106.270, 558.011, and 558.016, RSMo, and to enact
in lieu thereof twelve new sections relating to repeat offenders, with penalty provisions,
a severability clause, and an emergency clause.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 106.220, 106.230, 106.250, 106.270, 1
558.011, and 558.016, RSMo, are repealed and twelve new sections 2
enacted in lieu thereof, to be known as sections 56.063, 3
106.220, 106.230, 106.250, 106.270, 106.301, 106.305, 478.2000, 4
546.395, 546.950, 558.011, and 558.016, to read as follows:5
56.063. It shall be the official duty of a prosecuting 1
attorney to faithfully comply with the provisions of 2
sections 546.950, 557.036, and 558.016, with respect to the 3
execution and enforcement of the criminal laws of this 4
state. A prosecuting attorney who has failed, personally, 5
to devote his or her time to the performance of the 6
requirements therein, or has been guilty of any willful, 7
corrupt, or fraudulent violations of neglect of the official 8
duties therein, or has knowingly or willfully failed or 9
refused to comply with the provisions therein shall be 10
subject to removal pursuant to the applicable provisions of 11
chapter 106. 12
106.220. Any person elected or appointed to any 1
county, city, town or township office in this state, except 2
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such officers as may be subject to removal by impeachment, 3
who shall fail personally to devote his or her time to the 4
performance of the duties of such office, or who shall be 5
guilty of any willful or fraudulent violation or neglect of 6
any official duty, or who shall knowingly or willfully fail 7
or refuse to do or perform any official act or duty which by 8
law it is his or her duty to do or perform with respect to 9
the execution or enforcement of the criminal laws of the 10
state, shall thereby forfeit his or her office, and may be 11
removed therefrom in the manner provided in sections 106.230 12
to [106.290] 106.301. 13
106.230. When any person has knowledge that any 1
official mentioned in section 106.220 has failed, 2
personally, to devote his or her time to the performance of 3
the duties of such office, or has been guilty of any 4
willful, corrupt or fraudulent violations or neglect of any 5
official duty, or has knowingly or willfully failed or 6
refused to perform any official act or duty which by law it 7
was his or her duty to do or perform with respect to the 8
execution or enforcement of the criminal laws of this state, 9
with the exception of violations of section 106.301, which 10
shall be responded to as provided therein, he or she may 11
make his or her affidavit before any person authorized to 12
administer oaths, setting forth the facts constituting such 13
offense and file the same with the clerk of the court having 14
jurisdiction of the offense, for the use of the prosecuting 15
attorney or deposit it with the prosecuting attorney, 16
furnishing also the names of witnesses who have knowledge of 17
the facts constituting such offense; and it shall be the 18
duty of the prosecuting attorney, if, in his or her opinion, 19
the facts stated in said affidavit justify the prosecution 20
of the official charged, to file a complaint in the circuit 21
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court as soon as practicable upon such affidavit, setting 22
forth in plain and concise language the charge against such 23
official, or the prosecuting attorney may file such 24
complaint against such official upon his or her official 25
oath and upon his or her own affidavit. 26
106.250. 1. When an affidavit has been filed with the 1
clerk of the circuit court of any county in this state, as 2
provided in sections 106.230 and 106.240, the governor may, 3
in his or her discretion, direct the attorney general to 4
assist in the prosecution against said officer; and in case 5
of the refusal of the prosecuting attorney or special 6
prosecutor, after the filing of the affidavit provided for 7
in sections 106.230 and 106.240, to file a complaint, the 8
attorney general shall have authority to file a complaint 9
against the official complained of. 10
2. In the case of an affidavit filed with the attorney 11
general, as provided for in section 106.301, the attorney 12
general shall have the power and authority to file a 13
complaint against the official complained of, or the 14
attorney general may file such complaint against such 15
official upon his or her official oath and upon his or her 16
own affidavit. 17
106.270. 1. If any official against whom a proceeding 1
has been filed, as provided for in sections 106.220 to 2
[106.290] 106.301, shall be found guilty of failing 3
personally to devote his or her time to the performance of 4
the duties of such office, or of any willful, corrupt or 5
fraudulent violation or neglect of official duty, or of 6
knowingly or willfully failing or refusing to do or perform 7
any official act or duty which by law it is made his or her 8
duty to do or perform with respect to the execution or 9
enforcement of the criminal laws of the state, the court 10
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shall render judgment removing him or her from such office, 11
and he or she shall not be elected or appointed to fill the 12
vacancy thereby created, but the same shall be filled as 13
provided by law for filling vacancies in other cases. All 14
actions and proceedings under sections 106.220 to [106.290] 15
106.301 shall be in the nature of civil actions, and tried 16
as such. 17
2. Nothing in this section shall be construed to 18
authorize the removal or discharge of any chief, as that 19
term is defined in section 106.273. 20
106.301. 1. Failure by a prosecuting attorney to 1
charge and faithfully plead and prove defendants eligible 2
for an enhancement under sections 557.036 and 558.016 or 3
failure to abide by the plea restrictions provided under 4
section 546.950 shall be cause for immediate removal from 5
office. 6
2. When any person has knowledge that any prosecuting 7
attorney has knowingly or willfully failed or refused to 8
perform or abide by a requirement under sections 546.950 or 9
557.036 which by law it was his or her duty to do or perform 10
with respect to the execution or enforcement of the criminal 11
laws of this state, he or she may make his affidavit before 12
any person authorized to administer oaths, setting forth the 13
facts constituting such offense and deposit it with the 14
attorney general, and it shall be the duty of the attorney 15
general, if, in his or her opinion, the facts stated in said 16
affidavit justify the prosecution of the official charged, 17
to file a complaint in the court of his or her choosing with 18
appropriate jurisdiction as soon as practicable upon such 19
affidavit, but no later than six months following receipt of 20
the affidavit, setting forth in plain and concise language 21
the charge against such official. 22
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3. In all prosecutions under this section, the 23
defendant shall, upon conviction, after judgement of removal 24
is entered, be entitled to an appeal to the Missouri supreme 25
court, and said cause shall have precedence in said court on 26
such appeal, and the supreme court shall hear such appeal as 27
soon as possible, except in cases filed originally in the 28
Missouri supreme court following the discretion of the 29
attorney general provided for under subsection 2 of this 30
section, in which case the defendant shall have no right to 31
appeal. Pending such appeal, as applicable, such officer 32
shall be suspended from office, and the governor shall 33
appoint a resident of the county, qualified in law, who 34
shall act as such special officer pending the appeal; and if 35
the decision on the appeal in the supreme court shall be in 36
favor of the defendant, he or she shall be entitled to pay 37
for the time for which he or she was removed. The person 38
acting as such officer during such appeal shall be entitled 39
to the same compensation of a duly elected officer. The 40
costs herein provided for shall be taxed against and paid 41
for by the county in which the officer held office. 42
4. A decision by the court hearing the complaint need 43
only establish facts determining whether, as applicable: 44
(1) The criminal defendant in the case giving rise to 45
the complaint herein was eligible for sentencing enhancement 46
under section 558.016; and 47
(2) The prosecuting attorney failed to plead and prove 48
the eligible criminal defendant with the sentencing 49
enhancement pursuant to section 557.036; or 50
(3) The prosecuting attorney failed to abide by the 51
requirements of section 546.950. 52
5. If a prosecuting attorney against whom a proceeding 53
has been filed, as provided for in this section, shall be 54
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found guilty of the charge therein, said court shall render 55
judgment removing him or her from such office, and he or she 56
shall not be elected or appointed to fill the vacancy 57
thereby created, nor be eligible to serve such office in any 58
jurisdiction of this state, but the vacancy shall be filled 59
as provided by law for filling vacancies in other cases. 60
All actions and proceedings under this section shall be in 61
the nature of civil actions, and tried as such. 62
6. The sentencing event giving rise to the removal 63
under this section shall not be subject to review, appeal, 64
retrial, or any other form of reconsideration or amendment 65
on the sole basis of the rendered judgment of guilt against 66
the prosecuting attorney. 67
7. A suit initiated under this section shall be 68
governed by the provisions set forth under section 106.305, 69
and each party shall be responsible for costs incurred as a 70
result of the filing. 71
106.305. 1. The legislature finds that an allegation 1
of dereliction of duty under section 106.301 by a 2
prosecuting attorney represents a matter of urgent public 3
concern that implicates the integrity of the proper 4
functioning of government. Accordingly, actions initiated 5
under section 106.301 shall be afforded the highest priority 6
and shall be heard and resolved at the earliest practicable 7
date. 8
2. The attorney general may file a complaint pursuant 9
to the requirements of section 106.301 in a court of his or 10
her choosing with appropriate jurisdiction, including, but 11
not necessarily limited to, the circuit court where the 12
violation occurred or the Missouri supreme court. 13
3. (1) Upon the filing of a complaint in a court of 14
appropriate jurisdiction, or an appeal thereof, the clerk of 15
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the court shall immediately docket the action for expedited 16
consideration and said cause shall have precedence in said 17
court. 18
(2) Such court shall, within twenty calendar days of 19
the action, hold a mandatory conference to establish a 20
binding timeline for all pretrial matters. 21
(3) A trial on the merits shall be set for a date not 22
more than one-hundred-twenty calendar days from the date the 23
petition was filed. No continuance of the trial date shall 24
be granted except upon a showing of extraordinary and 25
unforeseen circumstances that are not attributable to the 26
conduct of either party. 27
4. (1) All discovery shall be completed no later than 28
sixty days from the filing of the petition. Such court 29
shall limit the scope and methods of discovery to the 30
matters necessary to establish prima facie the facts alleged. 31
(2) Any motion that would dispose of the action prior 32
to a trial on the merits, including a motion to dismiss or a 33
motion for summary judgment, shall be filed no later than 34
thirty days from the filing of the action. Such motions 35
shall be ruled upon within ten business days of the date of 36
filing. The filing of such a motion shall not operate to 37
stay the discovery deadlines or trial schedule established. 38
5. An appeal, if applicable, may be filed no later 39
than thirty days following the final judgment of such court. 40
478.2000. 1. Failure by a circuit judge to faithfully 1
sentence eligible defendants with an enhancement pursuant to 2
section 558.016 or failure to abide by the plea restrictions 3
provided under section 546.950 shall constitute willful 4
neglect of duty and such circuit judge shall forfeit his or 5
her right to continue holding such office. 6
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2. Such forfeiture shall be sufficient cause for a quo 7
warranto proceeding initiated by the attorney general in a 8
court of his or her choosing with appropriate jurisdiction, 9
as provided by Article V, Section 4 of the Constitution of 10
Missouri, chapter 531, or any other authority provided to 11
the office. 12
3. (1) Upon the filing of a proceeding in a court of 13
appropriate jurisdiction, or an appeal thereof, the clerk of 14
the court shall immediately docket the action for expedited 15
consideration and said cause shall have precedence in said 16
court. 17
(2) Such court shall, within twenty calendar days of 18
the action, hold a mandatory conference to establish a 19
binding timeline for all pretrial matters. 20
(3) A trial on the merits shall be set for a date not 21
more than one-hundred-twenty calendar days from the date the 22
petition was filed. No continuance of the trial date shall 23
be granted except upon a showing of extraordinary and 24
unforeseen circumstances that are not attributable to the 25
conduct of either party. 26
4. (1) All discovery shall be completed no later than 27
sixty days from the filing of the petition. Such court 28
shall limit the scope and methods of discovery to the 29
matters necessary to establish prima facie the facts alleged. 30
(2) Any motion that would dispose of the action prior 31
to a trial on the merits, including a motion to dismiss or a 32
motion for summary judgment, must be filed no later than 33
thirty days from the filing of the action. Such motions 34
shall be ruled upon within ten business days of the date of 35
filing. The filing of such a motion shall not operate to 36
stay the discovery deadlines or trial schedule established. 37
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5. An appeal, if applicable, may be filed no later 38
than thirty days following the final judgment of such court. 39
546.395. In such cases of a person found guilty of an 1
offense and sentenced to an extended term of imprisonment 2
pursuant to section 558.016, the present offense giving rise 3
to the term of imprisonment shall be recorded as an offense 4
of the class of the extended sentence. All records 5
heretofore recording the present offense shall be amended to 6
reflect the enhanced class of offense. 7
546.950. 1. Plea bargaining in any case in which the 1
original charging document includes any offense listed under 2
subsection 5 of this section, or in any case in which the 3
defendant is eligible for an enhancement pursuant to section 4
558.016, is prohibited, except in instances where there is 5
insufficient evidence to prove the state's case. 6
2. Any exercise of the exception provided in 7
subsection 1 of this section shall be accompanied by a 8
written statement on the record to the court by the 9
prosecuting attorney detailing the good faith justification 10
that the prosecution would not be able to establish a prima 11
facie case. If the original charging document was filed by 12
a law enforcement officer, such law enforcement officer 13
shall be given sufficient notice of the intention to 14
exercise the exception provided in subsection 1 of this 15
section and the opportunity to present to the presiding 16
judge evidence or reasoning relating to the original 17
charging document prior to the presiding judge's decision on 18
the motion. 19
3. A presiding judge shall not accept any plea bargain 20
that violates subsection 1 of this section and any plea 21
bargain that is insufficiently justified pursuant to 22
subsection 2 of this section. 23
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4. As used in this section, "plea bargaining" or "plea 24
bargain" means any bargaining, negotiation, or discussion 25
between a criminal defendant, or their counsel, and a 26
prosecuting attorney or presiding judge, whereby the 27
defendant agrees to plead in the affirmative, in any form or 28
capacity, in exchange for any promises, commitments, 29
concessions, assurances, or consideration by the prosecuting 30
attorney or presiding judge relating to any charge against 31
the defendant or to the sentencing of the defendant in any 32
form, such that the agreement would reduce, dismiss, delay, 33
or in any way lessen the charges against the defendant or 34
the term of incarceration of the defendant. 35
5. The following offenses, to include attempts to 36
commit such offenses, are ineligible for plea agreement: 37
(1) First degree murder, as defined in section 565.020; 38
(2) Rape in the first degree, as defined in section 39
566.030; 40
(3) Rape in the second degree, as defined in section 41
566.031; 42
(4) Statutory rape and attempt to commit, first 43
degree, as defined in section 566.032; 44
(5) Statutory rape in the second degree, as defined in 45
section 566.034; 46
(6) Domestic assault in the first degree, as defined 47
in section 565.072; 48
(7) Domestic assault in the second degree, as defined 49
in section 565.073; 50
(8) Domestic assault in the third degree, as defined 51
in section 565.074; 52
(9) Domestic assault in the fourth degree, as defined 53
in section 565.076; 54
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(10) Kidnapping in the first degree, as defined in 55
section 565.110; 56
(11) Kidnapping in the second degree, as defined in 57
section 565.120; 58
(12) Kidnapping in the third degree, as defined in 59
section 565.130; 60
(13) Child kidnapping, as defined in section 565.115; 61
(14) Parental kidnapping, as defined in section 62
565.153; 63
(15) Vehicle hijacking, as defined in section 570.027; 64
(16) Robbery in the first degree, as defined in 65
section 570.023; 66
(17) Robbery in the second degree, as defined in 67
section 570.025; 68
(18) Burglary in the first degree, as defined in 69
section 569.160; 70
(19) Burglary in the second degree, as defined in 71
section 569.170; 72
(20) Armed criminal action, as defined in section 73
571.015; 74
(21) Unlawful possession of a firearm, as defined in 75
section 571.070; 76
(22) Arson in the first degree, as defined in section 77
569.040; 78
(23) Arson in the second degree, as defined in section 79
569.050; 80
(24) Arson in the third degree, as defined in section 81
569.053; 82
(25) The delivery of a controlled substance, as 83
defined in section 579.020 where the offense is classified 84
as a class B felony and the person has one or more prior 85
convictions for the delivery of a controlled substance 86
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classified as a class C felony, as defined in 579.020, prior 87
to or at the time of committing the offense; 88
(26) Manufacture of a controlled substance, as defined 89
in section 579.055 where the offense is classified as a 90
class B felony and the person has one or more prior 91
convictions for the manufacture of a controlled substance 92
classified as a class C felony, as defined in section 93
579.055, prior to or at the time of committing the offense. 94
558.011. 1. The authorized terms of imprisonment, 1
including both prison and conditional release terms, are: 2
(1) For a class A felony, a term of years not less 3
than [ten] fifteen years and not to exceed [thirty years] 4
forty years, or life imprisonment; 5
(2) For a class B felony, a term of years not less 6
than [five] ten years and not to exceed [fifteen] twenty 7
years; 8
(3) For a class C felony, a term of years not less 9
than [three] five years and not to exceed [ten] fifteen 10
years; 11
(4) For a class D felony, a term of years not less 12
than three years and not to exceed [seven] ten years; 13
(5) For a class E felony, a term of years not less 14
than two years and not to exceed [four] five years; 15
(6) For a class A misdemeanor, a term not to exceed 16
one year; 17
(7) For a class B misdemeanor, a term not to exceed 18
six months; 19
(8) For a class C misdemeanor, a term not to exceed 20
fifteen days. 21
2. [In cases of class D and E felonies, the court 22
shall have discretion to imprison for a special term not to 23
exceed one year in the county jail or other authorized penal 24
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institution, and the place of confinement shall be fixed by 25
the court. If the court imposes a sentence of imprisonment 26
for a term longer than one year upon a person convicted of a 27
class D or E felony, it shall commit the person to the 28
custody of the department of corrections. 29
3.] (1) When a regular sentence of imprisonment for a 30
felony is imposed, the court shall commit the person to the 31
custody of the department of corrections for the term 32
imposed under section 557.036, or until released under 33
procedures established elsewhere by law. 34
(2) A sentence of imprisonment for a misdemeanor shall 35
be for a definite term and the court shall commit the person 36
to the county jail or other authorized penal institution for 37
the term of his or her sentence or until released under 38
procedure established elsewhere by law. 39
[4.] 3. (1) Except as otherwise provided, a sentence 40
of imprisonment for a term of years for felonies other than 41
dangerous felonies as defined in section 556.061, and other 42
than sentences of imprisonment which involve the 43
individual's fourth or subsequent remand to the department 44
of corrections shall consist of a prison term and a 45
conditional release term. The conditional release term of 46
any term imposed under section 557.036 shall be: 47
(a) One-third for terms of nine years or less; 48
(b) Three years for terms between nine and fifteen 49
years; 50
(c) Five years for terms more than fifteen years; and 51
the prison term shall be the remainder of such term. The 52
prison term may be extended by the parole board pursuant to 53
subsection 5 of this section. 54
(2) "Conditional release" means the conditional 55
discharge of an offender by the parole board, subject to 56
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conditions of release that the parole board deems reasonable 57
to assist the offender to lead a law-abiding life, and 58
subject to the supervision under the division of probation 59
and parole. The conditions of release shall include 60
avoidance by the offender of any other offense, federal or 61
state, and other conditions that the parole board in its 62
discretion deems reasonably necessary to assist the releasee 63
in avoiding further violation of the law. 64
[5.] 4. The date of conditional release from the prison 65
term may be extended up to a maximum of the entire sentence 66
of imprisonment by the parole board. The director of any 67
division of the department of corrections except the 68
division of probation and parole may file with the parole 69
board a petition to extend the conditional release date when 70
an offender fails to follow the rules and regulations of the 71
division or commits an act in violation of such rules. 72
Within ten working days of receipt of the petition to extend 73
the conditional release date, the parole board shall convene 74
a hearing on the petition. The offender shall be present 75
and may call witnesses in his or her behalf and cross- 76
examine witnesses appearing against the offender. The 77
hearing shall be conducted as provided in section 217.670. 78
If the violation occurs in close proximity to the 79
conditional release date, the conditional release may be 80
held for a maximum of fifteen working days to permit 81
necessary time for the division director to file a petition 82
for an extension with the parole board and for the parole 83
board to conduct a hearing, provided some affirmative 84
manifestation of an intent to extend the conditional release 85
has occurred prior to the conditional release date. If at 86
the end of a fifteen-working-day period a parole board 87
decision has not been reached, the offender shall be 88
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released conditionally. The decision of the parole board 89
shall be final. 90
558.016. 1. [The court may sentence a person who has 1
been found guilty of an offense to a term of imprisonment as 2
authorized by section 558.011 or to a term of imprisonment 3
authorized by a statute governing the offense if it finds 4
the defendant is a prior offender or a persistent 5
misdemeanor offender. The court may sentence a person to an 6
extended term of imprisonment if: 7
(1) The defendant is a persistent offender or a 8
dangerous offender, and the person is sentenced under 9
subsection 7 of this section; 10
(2) The statute under which the person was found 11
guilty contains a sentencing enhancement provision that is 12
based on a prior finding of guilt or a finding of prior 13
criminal conduct and the person is sentenced according to 14
the statute; or 15
(3) A more specific sentencing enhancement provision 16
applies that is based on a prior finding of guilt or a 17
finding of prior criminal conduct] The court shall sentence 18
a person who has been found guilty of an offense to a term 19
of imprisonment pursuant to this section if it finds the 20
defendant is eligible as provided in this section, except in 21
such cases where a more specific sentencing enhancement 22
provision applies that provides for a term of imprisonment 23
that exceeds the term of imprisonment applied in this 24
section, in which instance only subsection 8 of this section 25
shall apply. 26
2. [A "prior offender" is one who has been found 27
guilty of one felony] The court shall sentence a person, who 28
has been found to be a prior felony offender, and is found 29
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guilty of a class A felony, to the maximum term of 30
imprisonment for that class that is not life imprisonment. 31
3. [A "persistent offender" is one who has been found 32
guilty of two or more felonies committed at different times, 33
or one who has been previously found guilty of a dangerous 34
felony as defined in subdivision (19) of section 556.061] 35
The court shall sentence a person, who has been found to be 36
a persistent felony offender, and is found guilty of a class 37
A felony, to life imprisonment. 38
4. [A "dangerous offender" is one who:] The court 39
shall sentence a person, who has been found to be a prior 40
felony offender, and is found guilty of a class B, C, D, or 41
E felony, to the maximum authorized term of imprisonment for 42
the class that is one class higher than the offense for 43
which the person is found guilty, except life imprisonment. 44
[(1) Is being sentenced for a felony during the 45
commission of which he knowingly murdered or endangered or 46
threatened the life of another person or knowingly inflicted 47
or attempted or threatened to inflict serious physical 48
injury on another person; and 49
(2) Has been found guilty of a class A or B felony or 50
a dangerous felony.] 51
5. [A "persistent misdemeanor offender" is one who has 52
been found guilty of two or more offenses, committed at 53
different times that are classified as A or B misdemeanors 54
under the laws of this state] The court shall sentence a 55
person, who has been found to be a persistent felony 56
offender, and is found guilty of a class B, C, D, or E 57
felony, to the maximum authorized term of imprisonment for 58
the class that is two classes higher than the offense for 59
which the person is found guilty, including life 60
imprisonment. 61
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6. [The findings of guilt shall be prior to the date 62
of commission of the present offense] (1) Except as 63
provided by subdivision (2) of this subsection, the court 64
shall sentence a person, who has been found to be a 65
persistent misdemeanor offender, and is found guilty of a 66
class A, B, or C misdemeanor, to the maximum term of 67
imprisonment for a class E felony. 68
(2) Notwithstanding subdivision (1) of this 69
subsection, if such person, who has been found to be both a 70
persistent misdemeanor offender and a prior felony offender, 71
or a persistent felony offender, is found guilty of a class 72
A or B misdemeanor, the application of subsection 4 of this 73
section shall compound, in that the class E felony otherwise 74
imposed be the maximum authorized term of imprisonment of a 75
class D felony. 76
7. [The court shall sentence a person, who has been 77
found to be a persistent offender or a dangerous offender, 78
and is found guilty of a class B, C, D, or E felony to the 79
authorized term of imprisonment for the offense that is one 80
class higher than the offense for which the person is found 81
guilty] As used in this section, the following terms mean: 82
(1) "Guilty", in the context of determining applicable 83
prior offenses and the eligibility of the present offense, 84
includes any affirmative disposition of the charge for any 85
reason, including by guilty plea, trial resulting in a 86
finding of guilty, deferred adjudication, plea of nolo 87
contendere, or other form of affirmative disposition, such 88
as participation in a pretrial diversion program, applicable 89
as the context demands; 90
(2) "Persistent felony offender", an individual who 91
has been found guilty of two felonies of any class or one 92
felony of a class B or above; 93
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(3) "Persistent misdemeanor offender", an individual 94
who has been found guilty of three misdemeanors. 95
8. The findings of guilt for prior offenses shall be 96
prior to the date of conviction of the present offense. 97
9. The use of a prior offense or prior offenses for 98
enhancement under this section shall not preclude the 99
subsequent use of such offenses for enhancement purposes, 100
and such present offense giving rise to the enhanced 101
sentence shall be recorded as an offense of the class of the 102
enhanced sentence pursuant to section 546.395 and shall 103
constitute an eligible offense in subsequent applications of 104
this section. 105
10. A term of imprisonment imposed pursuant to this 106
section shall not be suspended, waived, nor reduced by any 107
other means, including by the parole board, nor shall such 108
sentence be served in a community or nonsecure setting. In 109
no event shall a defendant serve a term of imprisonment less 110
than the maximum term of imprisonment allowable under law 111
for a felony of the respective class. 112
Section B. If any provision of section A of this act 1
or the application thereof to anyone or to any circumstance 2
is held invalid, the remainder of those sections and the 3
application of such provisions to others or other 4
circumstances shall not be affected thereby. 5
Section C. Because of the need to ensure the safety of 1
all Missourians, section A of this act is deemed necessary 2
for the immediate preservation of the public health, 3
welfare, peace, and safety, and is hereby declared to be an 4
emergency act within the meaning of the constitution, and 5
section A of this act shall be in full force and effect upon 6
its passage and approval. 7
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