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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. 1789
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BEAN.
7468S.01I KRISTINA MARTIN, Secretary
AN ACT
To 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Section A. Section 558.016, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 558.016, 2
to read as follows:3
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] shall sentence a 6
person to an 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
SB 1789 2
(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. 18
2. A "prior offender" is one who has been found guilty 19
of one felony. 20
3. A "persistent offender" is one who has been found 21
guilty of two or more felonies committed at different times, 22
or one who has been previously found guilty of a dangerous 23
felony as defined in subdivision (19) of section 556.061. 24
4. A "dangerous offender" is one who: 25
(1) Is being sentenced for a felony during the 26
commission of which he knowingly murdered or endangered or 27
threatened the life of another person or knowingly inflicted 28
or attempted or threatened to inflict serious physical 29
injury on another person; and 30
(2) Has been found guilty of a class A or B felony or 31
a dangerous felony. 32
5. A "persistent misdemeanor offender" is one who has 33
been found guilty of two or more offenses, committed at 34
different times that are classified as A or B misdemeanors 35
under the laws of this state. 36
6. The findings of guilt shall be prior to the date of 37
commission of the present offense. 38
7. The court shall sentence a person, who has been 39
found to be a persistent offender or a dangerous offender, 40
and is found guilty of a class B, C, D, or E felony to the 41
authorized term of imprisonment for the offense that is one 42
class higher than the offense for which the person is found 43
guilty. 44
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