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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. 894
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR CARTER.
5552S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 21.360, 29.080, 30.400, 34.160, 41.720, 92.920, 105.276, 115.405, 115.631,
115.633, 141.810, 143.911, 144.157, 144.480, 147.120, 149.071, 149.076, 192.2015,
194.275, 194.280, 217.305, 217.362, 217.655, 217.690, 217.760, 252.220, 257.430,
260.425, 268.151, 311.460, 361.290, 362.100, 362.171, 375.350, 375.390, 375.410,
375.470, 386.560, 387.290, 392.330, 393.220, 409.109, 409.5 -501, 409.5-505, 409.5-
508, 411.611, 411.621, 411.641, 411.651, 556.061, 557.011, 557.021, 558.011,
558.019, 558.02 6, 558.031, 558.046, 559.115, 566.030, 566.032, 566.060, 566.062,
566.067, 566.103, 566.125, 566.151, 566.203, 566.206, 566.209, 566.210, 566.211,
567.050, 568.060, 570.030, 571.015, 571.030, 573.025, 575.151, 575.270, 577.010,
578.425, 589.425, 622.470, 643.250, and 644.076, RSMo, and to enact in lieu thereof
eighty-five new sections relating to criminal offenses, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 21.360, 29.080, 30.400, 34.160, 1
41.720, 92.920, 105.276, 115.405, 115.631, 115.633, 141.810, 2
143.911, 144.157, 144.480, 147.120, 149.071, 149.076, 192.2015, 3
194.275, 194.280, 217.305, 217.362, 217.655, 217.690, 217.760, 4
252.220, 257.430, 260.425, 268.151, 311.460, 361.290, 362.100, 5
362.171, 375.350, 375.390, 375.410, 375.470, 386.560, 387.290, 6
392.330, 393.220, 409.109, 409.5 -501, 409.5 -505, 409.5 -508, 7
411.611, 411.621, 411.641, 411.651, 556.061, 557.011, 557.021, 8
558.011, 558.019, 558.026, 558.031, 558.046, 559.115, 566.030, 9
566.032, 566.060, 566.062, 566.067, 566.103, 566.125, 566.151, 10
566.203, 566.206, 566.209, 566.210, 566.211, 567.050, 568.060, 11
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570.030, 571.015, 571.030, 573.025, 575.151, 575.270, 577.010, 12
578.425, 589.425, 622.470, 643.250, and 644.076, RSMo, are 13
repealed and eighty-five new sections enacted in lieu thereof, 14
to be known as sections 21.360, 29.080, 30.400, 34.160, 41.720, 15
92.920, 105.276, 115.405, 115.631, 115.633, 141.810, 143.911, 16
144.157, 144.480, 147.120, 149.071, 149.076, 192.2015, 194.275, 17
194.280, 217.305, 217.362, 217.655, 217.690, 217.760, 252.220, 18
257.430, 260.425, 268.151, 311.460, 361.290, 362.100, 362.171, 19
375.350, 375.390, 375.410, 375.470, 386.560, 387.290, 392.330, 20
393.220, 409.109, 409.5 -501, 409.5 -505, 409.5 -508, 411.611, 21
411.621, 411.641, 411.651, 556.061, 557.011, 557.021, 558.011, 22
558.019, 558.026, 558.031, 558.046, 559.115, 566.030, 566.032, 23
566.060, 566.062, 566.067, 566.103, 566.125, 566.151, 566.203, 24
566.206, 566.209, 566.210, 566.211, 567.050, 568.060, 570.030, 25
571.015, 571.030, 573.025, 575.151, 575.270, 577.010, 578.425, 26
589.425, 622.470, 643.250, and 644.076, to read as follows:27
21.360. Any member of the house of representatives who 1
through the medium of any voting station, records the vote 2
of another member, or who authorizes another member, or 3
other person, to record his vote, and any person, other than 4
a member of the house, who through the medium of a voting 5
station, records the vote of any member is guilty of a class 6
C felony[,] and, upon conviction, shall be punished by 7
imprisonment [in the penitentiary] for a term [of] not less 8
than three nor more than ten years. Any person found guilty 9
of a violation of this section may be subject to an extended 10
prison term pursuant to section 558.016. 11
29.080. For any violation of his or her oath of office 1
or of any duty imposed upon him or her by this chapter, any 2
examiner shall be guilty of a class E felony[,] and, upon 3
conviction, shall be punished by imprisonment [in the 4
penitentiary] for a term not exceeding [five] four years, or 5
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by a fine not less than one hundred dollars [or by 6
imprisonment in the county jail for not less than one nor 7
more than twelve months,] or by both such fine and 8
imprisonment. Any person found guilty of a violation of 9
this section may be subject to an extended prison term 10
pursuant to section 558.016. 11
30.400. The making of profit by the state treasurer 1
out of any moneys in the state treasury belonging to the 2
state, the custody of which the state treasurer shall be 3
charged with, by loaning, depositing, or otherwise using or 4
disposing of the same in any manner whatever, or the removal 5
by the state treasurer, or by his or her consent, of such 6
moneys, or any part thereof, or any bonds deposited by any 7
bank in compliance with the provisions of this chapter, or 8
of United States obligations in which [he] the state 9
treasurer has invested state moneys, out of the vaults of 10
the treasury department in the state capitol, except for the 11
payment of warrants legally drawn, or for the purpose of 12
depositing the same in the bank or banks selected as 13
depositaries under the provisions of this chapter, or for 14
investing in United States obligations as provided by law, 15
or for returning or disposing of said bonds or obligations 16
according to law, shall be deemed a class E felony[,] and, 17
on conviction thereof, subject him or her to punishment by 18
imprisonment [in the penitentiary] for a term [of] not 19
[less] more than [two] four years, and [he] the state 20
treasurer shall also be liable under and upon his or her 21
official bond for all profits realized from any such 22
unlawful using of said funds; and it shall be the duty of 23
the attorney general to enter and prosecute to final 24
determination all suits for a violation of any of the 25
provisions of this chapter. Any person found guilty of a 26
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violation of this section may be subject to an extended 27
prison term pursuant to section 558.016. 28
34.160. The commissioner of administration shall not 1
be interested in any manner in any person, firm, or 2
corporation making bids for furnishing supplies or printing 3
to the state or any subdivision or department thereof. [He] 4
The commissioner of administration shall not receive nor 5
accept, directly or indirectly, from any person, firm, or 6
corporation who may bid for furnishing, or receive a 7
contract to furnish, any supplies or printing of any kind to 8
the state, any rebate, gift, or other valuable thing. 9
Acceptance of any such rebate, gift, or other valuable thing 10
by the commissioner of administration shall be deemed a 11
class E felony and, on conviction thereof, he shall be 12
punished by imprisonment [in the state penitentiary] for a 13
term not [less than two nor] more than [five] four years, or 14
by fine of not less than five hundred dollars nor more than 15
two thousand dollars, or by both such fine and 16
imprisonment. Any person found guilty of a violation of 17
this section may be subject to an extended prison term 18
pursuant to section 558.016. 19
41.720. After the proclamation by the governor as 1
authorized by section 41.480, any person who resists or aids 2
in resisting the execution of process in any area declared 3
to be in a state of actual or threatened insurrection, or 4
who aids or attempts the rescue or escape of another from 5
lawful custody or confinement or who resists or aids in 6
resisting any force ordered out by the governor to execute 7
the laws, to suppress actual and prevent threatened 8
insurrection or to repel invasion shall be guilty of a class 9
E felony punishable by imprisonment [in the state 10
penitentiary] for a term not [less] more than [two] four 11
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years. Any person found guilty of a violation of this 12
section may be subject to an extended prison term pursuant 13
to section 558.016. 14
92.920. 1. Neither said members nor any salaried 1
employee of the land reutilization authority provided for 2
herein shall receive any compensation, emolument, or other 3
profit directly or indirectly from the rental, management, 4
purchase, sale or other disposition of any lands held by 5
such land reutilization authority other than the salaries, 6
expenses, and emoluments provided for herein in sections 7
92.700 to 92.920. 8
2. Any person convicted of violating this section 9
shall be deemed guilty of a class E felony and, upon 10
conviction thereof, shall be sentenced to serve not [less 11
than two nor] more than [five] four years [in the state 12
penitentiary] of imprisonment. Any person found guilty of a 13
violation of this section may be subject to an extended 14
prison term pursuant to section 558.016. 15
105.276. Any person who with intent to defraud uses on 1
a public security or an instrument of payment a facsimile 2
signature, or any reproduction of it, of any authorized 3
officer; or any facsimile seal, or any reproduction of it, 4
of this state or any of its departments, agencies, or other 5
instrumentalities or of any of its political subdivisions is 6
guilty of a class E felony and shall be punishable by 7
imprisonment for a term not [less than two or] more than 8
[ten] four years in an institution designated by the state 9
division of corrections. Any person found guilty of a 10
violation of this section may be subject to an extended 11
prison term pursuant to section 558.016. 12
115.405. Any person making a sworn statement, 1
affidavit or declaration of candidacy required by this 2
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subchapter who swears falsely or signs such document knowing 3
the statements therein are untrue shall be deemed guilty of 4
a class one election offense and subject to a term of 5
imprisonment not more than four years. Any person found 6
guilty of a violation of this section may be subject to an 7
extended prison term as a class E felony pursuant to section 8
558.016. 9
115.631. 1. The following offenses, and any others 1
specifically so described by law, shall be class one 2
election offenses and are deemed felonies connected with the 3
exercise of the right of suffrage. Conviction for any of 4
these offenses shall be punished by imprisonment for a term 5
of not more than [five] four years or by fine of not less 6
than two thousand five hundred dollars but not more than ten 7
thousand dollars or by both such imprisonment and fine: 8
(1) Willfully and falsely making any certificate, 9
affidavit, or statement required to be made pursuant to any 10
provision of this chapter, including but not limited to 11
statements specifically required to be made "under penalty 12
of perjury"; or in any other manner knowingly furnishing 13
false information to an election authority or election 14
official engaged in any lawful duty or action in such a way 15
as to hinder or mislead the authority or official in the 16
performance of official duties. If an individual willfully 17
and falsely makes any certificate, affidavit, or statement 18
required to be made under section 115.155, including but not 19
limited to statements specifically required to be made 20
"under penalty of perjury", such individual shall be guilty 21
of a class D felony; 22
(2) Voting more than once or voting at any election 23
knowing that the person is not entitled to vote or that the 24
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person has already voted on the same day at another location 25
inside or outside the state of Missouri; 26
(3) Procuring any person to vote knowing the person is 27
not lawfully entitled to vote or knowingly procuring an 28
illegal vote to be cast at any election; 29
(4) Applying for a ballot in the name of any other 30
person, whether the name be that of a person living or dead 31
or of a fictitious person, or applying for a ballot in his 32
or her own or any other name after having once voted at the 33
election inside or outside the state of Missouri; 34
(5) Aiding, abetting or advising another person to 35
vote knowing the person is not legally entitled to vote or 36
knowingly aiding, abetting or advising another person to 37
cast an illegal vote; 38
(6) An election judge knowingly causing or permitting 39
any ballot to be in the ballot box at the opening of the 40
polls and before the voting commences; 41
(7) Knowingly furnishing any voter with a false or 42
fraudulent or bogus ballot, or knowingly practicing any 43
fraud upon a voter to induce him or her to cast a vote which 44
will be rejected, or otherwise defrauding him or her of his 45
or her vote; 46
(8) An election judge knowingly placing or attempting 47
to place or permitting any ballot, or paper having the 48
semblance of a ballot, to be placed in a ballot box at any 49
election unless the ballot is offered by a qualified voter 50
as provided by law; 51
(9) Knowingly placing or attempting to place or 52
causing to be placed any false or fraudulent or bogus ballot 53
in a ballot box at any election; 54
(10) Knowingly removing any legal ballot from a ballot 55
box for the purpose of changing the true and lawful count of 56
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any election or in any other manner knowingly changing the 57
true and lawful count of any election; 58
(11) Knowingly altering, defacing, damaging, 59
destroying or concealing any ballot after it has been voted 60
for the purpose of changing the lawful count of any election; 61
(12) Knowingly altering, defacing, damaging, 62
destroying or concealing any poll list, report, affidavit, 63
return or certificate for the purpose of changing the lawful 64
count of any election; 65
(13) On the part of any person authorized to receive, 66
tally or count a poll list, tally sheet or election return, 67
receiving, tallying or counting a poll list, tally sheet or 68
election return the person knows is fraudulent, forged or 69
counterfeit, or knowingly making an incorrect account of any 70
election; 71
(14) On the part of any person whose duty it is to 72
grant certificates of election, or in any manner declare the 73
result of an election, granting a certificate to a person 74
the person knows is not entitled to receive the certificate, 75
or declaring any election result the person knows is based 76
upon fraudulent, fictitious or illegal votes or returns; 77
(15) Willfully destroying or damaging any official 78
ballots, whether marked or unmarked, after the ballots have 79
been prepared for use at an election and during the time 80
they are required by law to be preserved in the custody of 81
the election judges or the election authority; 82
(16) Willfully tampering with, disarranging, altering 83
the information on, defacing, impairing or destroying any 84
voting machine or marking device after the machine or 85
marking device has been prepared for use at an election and 86
during the time it is required by law to remain locked and 87
sealed with intent to impair the functioning of the machine 88
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or marking device at an election, mislead any voter at the 89
election, or to destroy or change the count or record of 90
votes on such machine; 91
(17) Registering to vote knowing the person is not 92
legally entitled to register or registering in the name of 93
another person, whether the name be that of a person living 94
or dead or of a fictitious person; 95
(18) Procuring any other person to register knowing 96
the person is not legally entitled to register, or aiding, 97
abetting or advising another person to register knowing the 98
person is not legally entitled to register; 99
(19) Knowingly preparing, altering or substituting any 100
computer program or other counting equipment to give an 101
untrue or unlawful result of an election; 102
(20) On the part of any person assisting a blind or 103
disabled person to vote, knowingly failing to cast such 104
person's vote as such person directs; 105
(21) On the part of any registration or election 106
official, permitting any person to register to vote or to 107
vote when such official knows the person is not legally 108
entitled to register or not legally entitled to vote; 109
(22) On the part of a notary public acting in his or 110
her official capacity, knowingly violating any of the 111
provisions of this chapter or any provision of law 112
pertaining to elections; 113
(23) Violation of any of the provisions of sections 114
115.275 to 115.303, or of any provision of law pertaining to 115
absentee voting; 116
(24) Assisting a person to vote knowing such person is 117
not legally entitled to such assistance, or while assisting 118
a person to vote who is legally entitled to such assistance, 119
in any manner coercing, requesting or suggesting that the 120
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voter vote for or against, or refrain from voting on any 121
question, ticket or candidate; 122
(25) Engaging in any act of violence, destruction of 123
property having a value of five hundred dollars or more, or 124
threatening an act of violence with the intent of denying a 125
person's lawful right to vote or to participate in the 126
election process; and 127
(26) Knowingly providing false information about 128
election procedures for the purpose of preventing any person 129
from going to the polls. 130
2. Any person found guilty of a violation of this 131
section may be subject to an extended prison term as a class 132
E felony pursuant to section 558.016. 133
115.633. 1. The following offenses, and any others 1
specifically so described by law, shall be class two 2
election offenses and are deemed felonies not connected with 3
the exercise of the right of suffrage. Conviction for any 4
of these offenses shall be punished by imprisonment for a 5
term of not more than [five] four years or by fine of not 6
less than two thousand five hundred dollars but not more 7
than ten thousand dollars or by both such imprisonment and 8
fine: 9
(1) On the day of election or before the counting of 10
votes is completed, willfully concealing, breaking, or 11
destroying any ballot box used or intended to be used at 12
such election or willfully or fraudulently concealing or 13
removing any ballot box from the custody of the election 14
judges; 15
(2) Willfully tampering with, disarranging, defacing, 16
materially altering, impairing, or destroying any voting 17
machine or automatic tabulating equipment owned or leased by 18
or loaned to an election authority. 19
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2. Any person found guilty of a violation of this 20
section may be subject to an extended prison term as a class 21
E felony pursuant to section 558.016. 22
141.810. 1. Neither said trustees nor any salaried 1
employee of the land trust, provided for [herein] in 2
sections 141.210 to 141.810 and sections 141.980 to 3
141.1015, shall receive any compensation, emolument, or 4
other profit directly or indirectly from the rental, 5
management, purchase, sale, or other disposition of any 6
lands held by such land trust other than the salaries, 7
expenses, and emoluments provided for [herein] in sections 8
141.210 to 141.810 and sections 141.980 to 141.1015. 9
2. Any person convicted of violating this section 10
shall be deemed guilty of a class E felony and, upon 11
conviction thereof, shall be sentenced to serve not [less 12
than two nor] more than [five] four years [in the state 13
penitentiary] of imprisonment. Any person found guilty of a 14
violation of this section may be subject to an extended 15
prison term pursuant to section 558.016. 16
143.911. Any person who willfully attempts in any 1
manner to evade or defeat any tax imposed by sections 2
143.011 to 143.996 or the payment thereof shall[, in 3
addition to other penalties provided by law, and upon 4
conviction thereof, be fined not more than ten thousand 5
dollars, or be imprisoned in the county jail for not more 6
than one year or by not less than two nor more than five 7
years in the state penitentiary or by both fine and 8
imprisonment together with the cost of prosecution] be 9
guilty of a class E felony punishable by imprisonment for a 10
term not more than four years and may also be subject to a 11
fine of not more than ten thousand dollars. Any person 12
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found guilty of a violation of this section may be subject 13
to an extended prison term pursuant to section 558.016. 14
144.157. 1. Any person required to collect, 1
truthfully account for, and pay over any tax imposed by 2
sections 67.1170 to 67.1180, sections 94.800 to 94.825, and 3
sections 144.010 to 144.525 and 144.600 to 144.745 who 4
willfully fails to collect such tax or truthfully account 5
for and pay over such tax or willfully attempts in any 6
manner to evade or defeat the tax or the payment thereof, or 7
who shall willfully and knowingly overcharge or overcollect 8
such tax with intent to make claim to any such overcharged 9
or overcollected amounts under section 144.190, shall[,] be 10
guilty of a class E felony punishable by imprisonment for a 11
term not more than four years. In addition to other 12
penalties provided by law, any person found guilty may be 13
liable to a penalty equal to the total amount of the tax 14
evaded, or not collected, or not accounted for and paid 15
over, or overcharged or overcollected. 16
2. For purposes of this section, the term "person" 17
includes an individual or an officer or employee of any 18
corporation, including an administratively dissolved 19
corporation or a foreign corporation that has had its 20
certificate of authority revoked, or a member or employee of 21
any partnership, who, as such officer, employee or member, 22
is under a duty to perform the act in respect of which the 23
violation occurs. 24
3. Any officers, directors, or statutory trustees of 25
any corporation, including administratively dissolved 26
corporations or foreign corporations that have had their 27
certificate of authority revoked, subject to the provisions 28
of sections 144.010 to 144.745, who has the direct control, 29
supervision or responsibility for filing returns and making 30
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payment of the amount of tax imposed in accordance with 31
sections 144.010 to 144.745, and who fails to file such 32
return or make payment of all taxes due with the director of 33
revenue shall be guilty of a class E felony and subject to 34
the penalties provided in subsection 1 of this section. In 35
addition to other penalties provided by law, any person 36
found to have violated the terms outlined by sections 37
67.1170 to 67.1180, sections 94.800 to 94.825, sections 38
144.010 to 144.525, and sections 144.600 to 144.745 shall be 39
personally assessed for such amounts, including interest, 40
additions to tax and penalties thereon. This assessment 41
shall be imposed only in the event that the assessment on 42
the corporation is final, and such corporation fails to pay 43
such amounts to the director of revenue. Notice shall be 44
given of the director of revenue's intent to make the 45
assessment against such officers, directors, statutory 46
trustees or employees. The personal liability of such 47
officers, directors, statutory trustees or employees as 48
provided in this section shall survive the administrative 49
dissolution of the corporation or, if a foreign corporation, 50
the revocation of the corporation's certificate of 51
authority. Any person found guilty of a violation of this 52
section may be subject to an extended prison term pursuant 53
to section 558.016. 54
144.480. Any person required under sections 144.010 to 1
144.510 to pay any tax, or required by sections 144.010 to 2
144.510 to make a return, keep any records, or supply any 3
information, who with intent to defraud willfully fails to 4
pay such tax, make such return, keep such records, or supply 5
such information, at the time or times required by law, 6
shall[,] be guilty of a class E felony punishable by 7
imprisonment for a term not more than four years. In 8
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addition to other penalties provided by law [and, upon 9
conviction thereof], any person found guilty pursuant to 10
this section may be fined not more than ten thousand 11
dollars[, or be imprisoned in the county jail for not more 12
than one year or by not less than two nor more than five 13
years in the state penitentiary or by both fine and 14
imprisonment together with the cost of prosecution]. Any 15
person found guilty of a violation of this section may be 16
subject to an extended prison term pursuant to section 17
558.016. 18
147.120. 1. If any corporation fails or refuses to 1
pay the taxes (including interest and penalties) assessed 2
against it after such assessment becomes final, the director 3
of revenue shall certify a list of the corporations so 4
delinquent to the attorney general who shall proceed 5
forthwith to collect the taxes. Suits for the collection of 6
the taxes may be brought in the name of the state in any 7
court of competent jurisdiction and any judgment rendered in 8
such court in favor of the state shall be a first lien on 9
all properties and assets of the corporation within this 10
state. 11
2. The director of revenue shall notify the secretary 12
of state of any corporation that fails or refuses to pay the 13
taxes, including interest and penalties, assessed against it 14
after such assessment becomes final and the secretary of 15
state shall then administratively dissolve any domestic 16
corporation that is delinquent pursuant to section 351.486 17
and shall revoke the certificate of authority of any foreign 18
corporation that is delinquent pursuant to section 351.602. 19
3. Any tax provided for pursuant to sections 147.010 20
to 147.120 not paid on or before the last day prescribed for 21
payment pursuant to sections 147.010 to 147.120 (determined 22
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with regard to any extension of time for payment) shall be 23
collected with a penalty of five percent per month or 24
fractional part thereof until paid, not exceeding twenty- 25
five percent in the aggregate. Interest at the rate 26
determined by section 32.065 shall be added to any tax not 27
paid on or before the date due pursuant to sections 147.010 28
to 147.120 (determined without regard to any extension of 29
time for payment). Nothing in sections 147.010 to 147.120 30
shall be construed so as to permit any officer of this state 31
to remit or abate such interest. 32
4. If any corporation fails to pay any tax due within 33
the time prescribed pursuant to sections 147.010 to 147.120 34
or if any corporation makes errors and omissions in reports 35
or payments, and the director of revenue determines that 36
such action is the result of mistake or is due to 37
circumstances beyond reasonable control and that such 38
delinquency or inaccuracy was unavoidable or devoid of any 39
intent to evade the tax, the director of revenue may, at the 40
director's discretion, waive any penalty that would 41
otherwise be imposed. 42
5. The director of revenue shall set the interest rate 43
as determined in section 32.065. Such interest rate shall 44
be paid on all overpayments for the ensuing calendar year. 45
The interest shall accrue from the due date or the date of 46
overpayment, whichever is later. No interest shall be 47
allowed or paid if overpayment is refunded within four 48
months after the franchise tax report is filed. 49
6. Any notice of assessment of franchise tax due shall 50
be mailed to the corporation within three years after the 51
report was filed. The provisions of this subsection shall 52
apply to all reports filed after December 31, 1981. 53
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7. If no report is filed or if a false and fraudulent 54
report is filed, a notice of assessment of franchise tax due 55
may be mailed to the corporation at any time. 56
8. If fraud or evasion on the part of a corporation or 57
anyone on behalf of a corporation is discovered, the 58
director of revenue shall determine the amount of which the 59
state has been defrauded, shall add to the amount so 60
determined a penalty equal to fifty percent thereof, and 61
shall assess the same against the corporation. The amount 62
so assessed shall be immediately due and payable; except 63
that, the director of revenue shall promptly thereafter give 64
to such corporation written notice of such assessment and 65
penalty, which notice shall be served by registered mail. 66
Such corporation shall have the right to petition for 67
hearing of such assessment, as is provided in sections 68
147.010 to 147.120. 69
9. Any person who willfully makes a false corporation 70
franchise tax report, or who willfully makes a false 71
statement in any report under oath or otherwise filed with 72
or transmitted to the director of revenue relating to the 73
amount of any franchise tax due pursuant to sections 147.010 74
to 147.120 shall, in addition to other penalties provided by 75
law and, upon conviction thereof, be guilty of a class E 76
felony punishable by imprisonment for a term not more than 77
four years. Any person found convicted pursuant to this 78
section may be fined not more than ten thousand dollars[, or 79
be imprisoned in the county jail for not more than one year 80
or by not less than two nor more than five years in the 81
state penitentiary or by both fine and imprisonment together 82
with the cost of prosecution]. Any person found guilty of a 83
violation of this section may be subject to an extended 84
prison term pursuant to section 558.016. 85
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10. The director of revenue shall administer and 86
enforce the tax imposed by sections 147.010 to 147.120, and 87
the director is authorized to make such rules and 88
regulations and to require such facts and information to be 89
reported as the director may deem necessary to enforce the 90
provisions of sections 147.010 to 147.120. 91
11. No rule or portion of a rule promulgated pursuant 92
to the authority of sections 147.010 to 147.120 shall become 93
effective unless it has been promulgated pursuant to the 94
provisions of chapter 536. 95
12. Except as otherwise specifically provided in 96
sections 147.010 to 147.120 the franchise tax shall be 97
administered as prescribed in the following provisions of 98
chapter 143: subsections 1 and 4 of section 143.551, 99
sections 143.561, 143.571, 143.621, 143.631, 143.641, 100
143.651, 143.661, 143.681, 143.691, 143.721 and 143.731, 101
subsection 1 of section 143.741, subsections 1, 2 and 5 of 102
section 143.751, sections 143.771 and 143.791, subsections 103
1, 2 and 4 of section 143.811, sections 143.831, 143.841 and 104
143.851, subsections 2 and 3 of section 143.861, and 105
sections 143.901, 143.902, 143.971 and 143.986. 106
149.071. Any person who shall, without the 1
authorization of the director of revenue, make or 2
manufacture, or who shall falsely or fraudulently forge, 3
counterfeit, reproduce, restore, or process any stamp, 4
impression, copy, facsimile, or other evidence for the 5
purpose of indicating the payment of the tax levied by this 6
chapter, or who shall knowingly or by a deceptive act use or 7
pass, or tender as true, or affix, impress, or imprint, by 8
use of any device, rubber stamp or by any other means, or 9
any package containing cigarettes, any unauthorized, false, 10
altered, forged, counterfeit or previously used stamp, 11
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impressions, copies, facsimiles or other evidence of 12
cigarette tax payment, shall be guilty of a class E felony 13
and, upon conviction, shall be punished by imprisonment by 14
the state department of corrections for a term of not [less 15
than two years nor] more than [five] four years. Any person 16
found guilty of a violation of this section may be subject 17
to an extended prison term pursuant to section 558.016. 18
149.076. 1. No manufacturer, wholesaler or retailer 1
shall fail or refuse to make any return required by the 2
director, or refuse to permit the director or his or her 3
duly authorized representatives to examine records, papers, 4
files and equipment pertaining to the person's business made 5
taxable by this chapter. No person shall make an 6
incomplete, false or fraudulent return under this chapter, 7
or attempt to do anything to evade full disclosure of the 8
facts or to avoid the payment in whole or in part of the tax 9
or interest due. 10
2. Any person who files a false report or application 11
or makes a false entry in any record relating to the 12
purchase and sale of cigarettes shall be guilty of a class E 13
felony and, upon conviction, shall be punished by 14
imprisonment by the state department of corrections for a 15
term of [not less than two years nor] more than [five] four 16
years. Any person found guilty of a violation of this 17
section may be subject to an extended prison term pursuant 18
to section 558.016. 19
192.2015. 1. Any registered caregiver who meets the 1
requirements of this section shall be eligible for a shared 2
care tax credit in an amount not to exceed five hundred 3
dollars to defray the cost of caring for an elderly person. 4
In order to be eligible for a shared care tax credit, a 5
registered caregiver shall: 6
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(1) Care for an elderly person, age sixty or older, 7
who: 8
(a) Is physically or mentally incapable of living 9
alone, as determined and certified by his or her physician 10
licensed pursuant to chapter 334, or by the department staff 11
when an assessment has been completed for the purpose of 12
qualification for other services; and 13
(b) Requires assistance with activities of daily 14
living to the extent that without care and oversight at home 15
would require placement in a facility licensed pursuant to 16
chapter 198; and 17
(c) Under no circumstances, is able or allowed to 18
operate a motor vehicle; and 19
(d) Does not receive funding or services through 20
Medicaid or social services block grant funding; 21
(2) Live in the same residence to give protective 22
oversight for the elderly person meeting the requirements 23
described in subdivision (1) of this subsection for an 24
aggregate of more than six months per tax year; 25
(3) Not receive monetary compensation for providing 26
care for the elderly person meeting the requirements 27
described in subdivision (1) of this subsection; and 28
(4) File the original completed and signed physician 29
certification for shared care tax credit form or the 30
original completed and signed department certification for 31
shared care tax credit form provided for in subsection 2 of 32
section 192.2010 along with such caregiver's Missouri 33
individual income tax return to the department of revenue. 34
2. The tax credit allowed by this section shall apply 35
to any year beginning after December 31, 1999. 36
3. Any rule or portion of a rule, as that term is 37
defined in section 536.010, that is created under the 38
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authority delegated in sections 192.2000 to 192.2020 shall 39
become effective only if it complies with and is subject to 40
all of the provisions of chapter 536 and, if applicable, 41
section 536.028. All rulemaking authority delegated prior 42
to August 28, 1999, is of no force and effect and repealed. 43
Nothing in this section shall be interpreted to repeal or 44
affect the validity of any rule filed or adopted prior to 45
August 28, 1999, if it fully complied with all applicable 46
provisions of law. This section and chapter 536 are 47
nonseverable and if any of the powers vested with the 48
general assembly pursuant to chapter 536 to review, to delay 49
the effective date or to disapprove and annul a rule are 50
subsequently held unconstitutional, then the grant of 51
rulemaking authority and any rule proposed or adopted after 52
August 28, 1999, shall be invalid and void. 53
4. Any person who knowingly falsifies any document 54
required for the shared care tax credit shall be guilty of a 55
class E felony and subject to [the same penalties for 56
falsifying other tax documents as provided in chapter 143] a 57
term of imprisonment not more than four years, in addition 58
to other penalties provided by law. Any person found guilty 59
of a violation of this section may be subject to an extended 60
prison term pursuant to section 558.016. 61
194.275. 1. Except as otherwise provided in 1
subsection 2 of this section, a person that for valuable 2
consideration knowingly purchases or sells a part for any 3
purpose if removal of the whole body or a part from an 4
individual is intended to occur after the individual's death 5
commits a class D felony and, upon pleading or being found 6
guilty, is subject to a fine not exceeding fifty thousand 7
dollars or imprisonment not exceeding seven years, or both. 8
Any person found guilty of a violation of this section may 9
SB 894 21
be subject to an extended prison term pursuant to section 10
558.016. 11
2. For purposes of this section, the term "valuable 12
consideration" does not include the reasonable payments 13
associated with the removal, transportation, implantation, 14
processing, preservation, quality control, and storage of 15
any part or a whole body. 16
194.280. Any person that in order to obtain a 1
financial gain knowingly falsifies, forges, conceals, 2
defaces, or obliterates a document of gift, an amendment or 3
revocation of a document of gift, or a refusal commits a 4
class D felony and, upon pleading or being found guilty, is 5
subject to a fine not exceeding fifty thousand dollars or 6
imprisonment not exceeding seven years, or both. Any person 7
found guilty of a violation of this section may be subject 8
to an extended prison term pursuant to section 558.016. 9
217.305. 1. The sheriff or other officer charged with 1
the delivery of persons committed to the department for 2
confinement in a correctional center shall deliver the 3
person to the reception and diagnostic center designated by 4
the director at times and dates as designated by the 5
director and shall receive a certificate of delivery of the 6
offender from the center. 7
2. Appropriate information relating to the offender 8
shall be provided to the department in a written or 9
electronic format, at or before the time the offender is 10
delivered to the department, including, but not limited to: 11
(1) A certified copy of the sentence from the clerk of 12
the sentencing court on the standardized form developed by 13
the office of state courts administrator. Such form shall 14
include specifics on any status violated, court-ordered 15
probation not supervised by the department, the offense 16
SB 894 22
cycle number [and], any court-ordered restitution owed to 17
the victim, and sentencing calculation, including jail time 18
credit supplemented by a certificate of a sheriff or other 19
custodial officer from another jurisdiction having held the 20
person on the charge of the offense for which the sentence 21
of imprisonment is ordered pursuant to the provisions of 22
section 558.031; 23
(2) Available information provided in writing by the 24
prosecutor regarding the offender's age, crime for which 25
sentenced, probable cause statement, circumstances 26
surrounding the crime and sentence, names, telephone 27
numbers, and last known address of victims, victim impact 28
statements, and personal history, which may include facts 29
related to the offender's home environment, or work habits, 30
gang affiliations, if any, and previous convictions and 31
commitments. Such information shall be prepared by the 32
prosecuting attorney of the county or circuit attorney of 33
any city not within a county who was charged with the 34
offender's prosecution; 35
(3) Information provided by the sheriff or other 36
officer charged with the delivery of persons committed to 37
the department regarding the offender's physical and mental 38
health while in jail. All records on medication, care, and 39
treatment provided to the offender while in jail shall be 40
provided to the department prior to or upon delivery of the 41
offender. If the offender has had no physical or mental 42
health care or medications while in jail, the sheriff or 43
other officer shall certify that no physical or mental 44
health care or medication records are available. The 45
sheriff shall provide certification of all applicable jail- 46
time credit. 47
SB 894 23
3. The department may refuse to accept any offender 48
who is delivered for confinement without all required 49
information. 50
217.362. 1. The department of corrections shall 1
design and implement an intensive long-term program for the 2
treatment of chronic nonviolent offenders with serious 3
substance abuse addictions who have not pleaded guilty to or 4
been convicted of a dangerous felony as defined in section 5
556.061. 6
2. Prior to sentencing, any judge considering an 7
offender for this program shall notify the department. The 8
potential candidate for the program shall be screened by the 9
department to determine eligibility. The department shall, 10
by regulation, establish eligibility criteria and inform the 11
court of such criteria. The department shall notify the 12
court as to the offender's eligibility and the availability 13
of space in the program. Notwithstanding any other 14
provision of law to the contrary, except as provided for in 15
section 558.019, if an offender is eligible and there is 16
adequate space, the court may sentence a person to the 17
program which shall consist of institutional drug or alcohol 18
treatment for a period of at least twelve and no more than 19
twenty-four months, as well as a term of incarceration. The 20
department shall determine the nature, intensity, duration, 21
and completion criteria of the education, treatment, and 22
aftercare portions of any program services provided. 23
Execution of the offender's term of incarceration shall be 24
suspended pending completion of said program. Allocation of 25
space in the program may be distributed by the department in 26
proportion to drug arrest patterns in the state. If the 27
court is advised that an offender is not eligible or that 28
SB 894 24
there is no space available, the court shall consider other 29
authorized dispositions. 30
3. Upon successful completion of the program, the 31
division of probation and parole shall advise the sentencing 32
court of an offender's probationary release date thirty days 33
prior to release. If the court determines that probation is 34
not appropriate the court may order the execution of the 35
offender's sentence. 36
4. If it is determined by the department that the 37
offender has not successfully completed the program, or that 38
the offender is not cooperatively participating in the 39
program, the offender shall be removed from the program and 40
the court shall be advised. Failure of an offender to 41
complete the program shall cause the offender to serve the 42
sentence prescribed by the court and void the right to be 43
considered for probation on this sentence. 44
[5. An offender's first incarceration in a department 45
of corrections program pursuant to this section prior to 46
release on probation shall not be considered a previous 47
prison commitment for the purpose of determining a minimum 48
prison term pursuant to the provisions of section 558.019.] 49
217.655. 1. The parole board shall be responsible for 1
determining whether a person confined in the department 2
shall be paroled [or released conditionally as provided by 3
section 558.011]. The parole board shall receive 4
administrative support from the division of probation and 5
parole. The division of probation and parole shall provide 6
supervision to all persons referred by the circuit courts of 7
the state as provided by sections 217.750 and 217.760. The 8
parole board shall exercise independence in making decisions 9
about individual cases, but operate cooperatively within the 10
department and with other agencies, officials, courts, and 11
SB 894 25
stakeholders to achieve systemic improvement including the 12
requirements of this section. 13
2. The parole board shall adopt parole guidelines to: 14
(1) Preserve finite prison capacity for the most 15
serious and violent offenders; 16
(2) Release supervision-manageable cases consistent 17
with section 217.690; 18
(3) Use finite resources guided by validated risk and 19
needs assessments; 20
(4) Support a seamless reentry process; 21
(5) Set appropriate conditions of supervision; and 22
(6) Develop effective strategies for responding to 23
violation behaviors. 24
3. The parole board shall collect, analyze, and apply 25
data in carrying out its responsibilities to achieve its 26
mission and end goals. The parole board shall establish 27
agency performance and outcome measures that are directly 28
responsive to statutory responsibilities and consistent with 29
agency goals for release decisions, supervision, revocation, 30
recidivism, and caseloads. 31
4. The parole board shall publish parole data, 32
including grant rates, revocation and recidivism rates, 33
length of time served, and successful supervision 34
completions, and other performance metrics. 35
5. The chairperson of the parole board shall employ 36
such employees as necessary to carry out its 37
responsibilities, serve as the appointing authority over 38
such employees, and provide for appropriate training to 39
members and staff, including communication skills. 40
6. The division of probation and parole shall provide 41
such programs as necessary to carry out its responsibilities 42
consistent with its goals and statutory obligations. 43
SB 894 26
217.690. 1. All releases or paroles shall issue upon 1
order of the parole board, duly adopted. 2
2. Before ordering the parole of any offender, the 3
parole board shall conduct a validated risk and needs 4
assessment and evaluate the case under the rules governing 5
parole that are promulgated by the parole board. The parole 6
board shall then have the offender appear before a hearing 7
panel and shall conduct a personal interview with him or 8
her, unless waived by the offender, or if the guidelines 9
indicate the offender may be paroled without need for an 10
interview. The guidelines and rules shall not allow for the 11
waiver of a hearing if a victim requests a hearing. The 12
appearance or presence may occur by means of a 13
videoconference at the discretion of the parole board. A 14
parole may be ordered for the best interest of society when 15
there is a reasonable probability, based on the risk 16
assessment and indicators of release readiness, that the 17
person can be supervised under parole supervision and 18
successfully reintegrated into the community, not as an 19
award of clemency; it shall not be considered a reduction of 20
sentence or a pardon. Every offender while on parole shall 21
remain in the legal custody of the department but shall be 22
subject to the orders of the parole board. 23
3. The division of probation and parole has 24
discretionary authority to require the payment of a fee, not 25
to exceed sixty dollars per month, from every offender 26
placed under division supervision on probation, parole, or 27
conditional release, to waive all or part of any fee, to 28
sanction offenders for willful nonpayment of fees, and to 29
contract with a private entity for fee collections 30
services. All fees collected shall be deposited in the 31
inmate fund established in section 217.430. Fees collected 32
SB 894 27
may be used to pay the costs of contracted collections 33
services. The fees collected may otherwise be used to 34
provide community corrections and intervention services for 35
offenders. Such services include substance abuse assessment 36
and treatment, mental health assessment and treatment, 37
electronic monitoring services, residential facilities 38
services, employment placement services, and other offender 39
community corrections or intervention services designated by 40
the division of probation and parole to assist offenders to 41
successfully complete probation, parole, or conditional 42
release. The division of probation and parole shall adopt 43
rules not inconsistent with law, in accordance with section 44
217.040, with respect to sanctioning offenders and with 45
respect to establishing, waiving, collecting, and using fees. 46
4. The parole board shall adopt rules not inconsistent 47
with law, in accordance with section 217.040, with respect 48
to the eligibility of offenders for parole, the conduct of 49
parole hearings or conditions to be imposed upon paroled 50
offenders. Whenever an order for parole is issued it shall 51
recite the conditions of such parole. 52
5. When considering parole for an offender with 53
consecutive sentences, the minimum term for eligibility for 54
parole shall be calculated by adding the minimum terms for 55
parole eligibility for each of the consecutive sentences, 56
except the minimum term for parole eligibility shall not 57
exceed the minimum term for parole eligibility for an 58
ordinary life sentence. 59
6. Any offender sentenced to a term of imprisonment 60
amounting to fifteen years or more or multiple terms of 61
imprisonment that, taken together, amount to fifteen or more 62
years who was under eighteen years of age at the time of the 63
commission of the offense or offenses may be eligible for 64
SB 894 28
parole after serving fifteen years of incarceration, 65
regardless of whether the case is final for the purposes of 66
appeal, and may be eligible for reconsideration hearings in 67
accordance with regulations promulgated by the parole board. 68
7. The provisions of subsection 6 of this section 69
shall not apply to an offender found guilty of capital 70
murder, murder in the first degree or murder in the second 71
degree, when murder in the second degree is committed 72
pursuant to subdivision (1) of subsection 1 of section 73
565.021, who was under eighteen years of age when the 74
offender committed the offense or offenses who may be found 75
ineligible for parole or whose parole eligibility may be 76
controlled by section 558.047 or 565.033. 77
8. Any offender under a sentence for first degree 78
murder who has been denied release on parole after a parole 79
hearing shall not be eligible for another parole hearing 80
until at least three years from the month of the parole 81
denial[; however, this subsection shall not prevent a 82
release pursuant to subsection 4 of section 558.011]. 83
9. A victim who has requested an opportunity to be 84
heard shall receive notice that the parole board is 85
conducting an assessment of the offender's risk and 86
readiness for release and that the victim's input will be 87
particularly helpful when it pertains to safety concerns and 88
specific protective measures that may be beneficial to the 89
victim should the offender be granted release. 90
10. Parole hearings shall, at a minimum, contain the 91
following procedures: 92
(1) The victim or person representing the victim who 93
attends a hearing may be accompanied by one other person; 94
(2) The victim or person representing the victim who 95
attends a hearing shall have the option of giving testimony 96
SB 894 29
in the presence of the inmate or to the hearing panel 97
without the inmate being present; 98
(3) The victim or person representing the victim may 99
call or write the parole board rather than attend the 100
hearing; 101
(4) The victim or person representing the victim may 102
have a personal meeting with a parole board member at the 103
parole board's central office; 104
(5) The judge, prosecuting attorney or circuit 105
attorney and a representative of the local law enforcement 106
agency investigating the crime shall be allowed to attend 107
the hearing or provide information to the hearing panel in 108
regard to the parole consideration; and 109
(6) The parole board shall evaluate information listed 110
in the juvenile sex offender registry pursuant to section 111
211.425, provided the offender is between the ages of 112
seventeen and twenty-one, as it impacts the safety of the 113
community. 114
11. The parole board shall notify any person of the 115
results of a parole eligibility hearing if the person 116
indicates to the parole board a desire to be notified. 117
12. The parole board may, at its discretion, require 118
any offender seeking parole to meet certain conditions 119
during the term of that parole so long as said conditions 120
are not illegal or impossible for the offender to perform. 121
These conditions may include an amount of restitution to the 122
state for the cost of that offender's incarceration. 123
13. Special parole conditions shall be responsive to 124
the assessed risk and needs of the offender or the need for 125
extraordinary supervision, such as electronic monitoring. 126
The parole board shall adopt rules to minimize the 127
conditions placed on low-risk cases, to frontload conditions 128
SB 894 30
upon release, and to require the modification and reduction 129
of conditions based on the person's continuing stability in 130
the community. Parole board rules shall permit parole 131
conditions to be modified by parole officers with review and 132
approval by supervisors. 133
14. Nothing contained in this section shall be 134
construed to require the release of an offender on parole 135
nor to reduce the sentence of an offender heretofore 136
committed. 137
15. Beginning January 1, 2001, the parole board shall 138
not order a parole unless the offender has obtained a high 139
school diploma or its equivalent, or unless the parole board 140
is satisfied that the offender, while committed to the 141
custody of the department, has made an honest good-faith 142
effort to obtain a high school diploma or its equivalent; 143
provided that the director may waive this requirement by 144
certifying in writing to the parole board that the offender 145
has actively participated in mandatory education programs or 146
is academically unable to obtain a high school diploma or 147
its equivalent. 148
16. Any rule or portion of a rule, as that term is 149
defined in section 536.010, that is created under the 150
authority delegated in this section shall become effective 151
only if it complies with and is subject to all of the 152
provisions of chapter 536 and, if applicable, section 153
536.028. This section and chapter 536 are nonseverable and 154
if any of the powers vested with the general assembly 155
pursuant to chapter 536 to review, to delay the effective 156
date, or to disapprove and annul a rule are subsequently 157
held unconstitutional, then the grant of rulemaking 158
authority and any rule proposed or adopted after August 28, 159
2005, shall be invalid and void. 160
SB 894 31
217.760. 1. In all felony cases and class A 1
misdemeanor cases, the basis of which misdemeanor cases are 2
contained in chapters 565 and 566 and section 577.023, at 3
the request of a circuit judge of any circuit court, the 4
division of probation and parole shall assign one or more 5
state probation and parole officers to make an investigation 6
of the person convicted of the crime or offense before 7
sentence is imposed. In all felony cases in which the 8
recommended sentence established by the sentencing advisory 9
commission pursuant to subsection [7] 1 of section 558.019 10
includes probation but the recommendation of the prosecuting 11
attorney or circuit attorney does not include probation, the 12
division of probation and parole shall, prior to sentencing, 13
provide the judge with a report on available alternatives to 14
incarceration. If a presentence investigation report is 15
completed then the available alternatives shall be included 16
in the presentence investigation report. 17
2. The report of the presentence investigation or 18
preparole investigation shall contain any prior criminal 19
record of the defendant and such information about his or 20
her characteristics, his or her financial condition, his or 21
her social history, the circumstances affecting his or her 22
behavior as may be helpful in imposing sentence or in 23
granting probation or in the correctional treatment of the 24
defendant, information concerning the impact of the crime 25
upon the victim, the recommended sentence established by the 26
sentencing advisory commission and available alternatives to 27
incarceration including opportunities for restorative 28
justice, as well as a recommendation by the probation and 29
parole officer. The officer shall secure such other 30
information as may be required by the court and, whenever it 31
SB 894 32
is practicable and needed, such investigation shall include 32
a physical and mental examination of the defendant. 33
252.220. 1. It shall be unlawful for any person to 1
place any explosive substance or preparation in any of the 2
waters of this state, whereby any fish which may inhabit 3
said waters may be killed, injured or destroyed; and no 4
person, by any such means, shall kill, catch or take any 5
fish from said waters; provided, however, that explosive 6
substances or preparations may be used in said waters, but 7
only with the permission and under the supervision of the 8
commission. 9
2. Any person violating any of the provisions of this 10
section shall be deemed guilty of a class E felony[,] and, 11
upon conviction, shall be fined not less than two hundred 12
dollars, nor more than one thousand dollars, or by 13
imprisonment [in the state penitentiary] for a term not more 14
than [two] four years, or by both such fine and 15
imprisonment, for each such offense. Any person found 16
guilty of a violation of this section may be subject to an 17
extended prison term pursuant to section 558.016. 18
257.430. The making of profit, directly or indirectly, 1
by any officer of any district organized under this chapter, 2
or by any other public officer within the state, out of any 3
contracts entered into by the district, or the use of any 4
money belonging to a district by loaning it or otherwise 5
using it, or by depositing the same in any manner, contrary 6
to law, or by removal of any money by any officer or by his 7
consent and placing it elsewhere than is prescribed either 8
by law or by the official acts of the board of trustees, for 9
the purpose of profit, constitutes a class E felony, 10
punishable by imprisonment for a term not exceeding [two] 11
four years, or a fine not exceeding five thousand dollars, 12
SB 894 33
or both fine and imprisonment; and the officer offending 13
shall be liable personally and upon his official bond for 14
all losses to the district and for all profits realized by 15
such unlawful use of moneys. Any person found guilty of a 16
violation of this section may be subject to an extended 17
prison term pursuant to section 558.016. 18
260.425. 1. It is unlawful for any person to cause or 1
permit any acts or hazardous waste management practices 2
which violate sections 260.350 to 260.430 or any standard, 3
rule or regulation, order or license or permit term or 4
condition adopted or issued hereunder. In the event the 5
commission or the department determines that any provision 6
of sections 260.350 to 260.430 or any standard, rule or 7
regulation, order or determination, or license or permit 8
term or condition adopted or issued hereunder by the 9
commission or the department, or any filing requirement 10
under sections 260.350 to 260.430 or any provision which 11
this state is required to enforce under any federal 12
hazardous waste management act, is being, was, or is in 13
imminent danger of being violated, the commission or 14
department may, in addition to other remedies under sections 15
260.350 to 260.430, cause to have instituted a civil action 16
in any court of competent jurisdiction for injunctive relief 17
to prevent any such violation or further violation or for 18
the assessment of a civil penalty not to exceed ten thousand 19
dollars per day for each day, or part thereof, the violation 20
occurred and continues to occur, or both, as the court deems 21
proper. A civil monetary penalty under this section shall 22
not be assessed for a violation where an administrative 23
penalty was assessed under section 260.412. The commission 24
or the department may request either the attorney general or 25
a prosecuting attorney to bring any action authorized in 26
SB 894 34
this section in the name of the people of the state of 27
Missouri. Suit may be brought in any county where the 28
defendant's principal place of business is located or was 29
located at the time the violation occurred, or has or may 30
cause injury or threat to the health of humans or the 31
environment. Any offer of settlement to resolve a civil 32
penalty under this section shall be in writing, shall state 33
that an action for imposition of a civil penalty may be 34
initiated by the attorney general or a prosecuting attorney 35
representing the department under authority of this section, 36
and shall identify any dollar amount as an offer of 37
settlement which shall be negotiated in good faith through 38
conference, conciliation and persuasion. 39
2. Moneys received pursuant to this section which are 40
not required by Article IX, Section 7, of the Constitution 41
to be distributed to schools shall be deposited in the 42
hazardous waste fund created in section 260.391. 43
3. Any person who knowingly: 44
(1) Transports any hazardous waste to a facility which 45
is not authorized to receive such waste pursuant to sections 46
260.350 to 260.430 or permits or causes any other hazardous 47
waste transportation practice in violation of any provision 48
of sections 260.350 to 260.430; 49
(2) Treats, stores, or disposes of any hazardous waste 50
either: 51
(a) Without authorization to do so pursuant to 52
sections 260.350 to 260.430; or 53
(b) In knowing violation of any material condition or 54
requirement of such authorization; or 55
(c) In violation of any provision of sections 260.350 56
to 260.430; 57
SB 894 35
(3) Makes any false material statement, representation 58
or certification in any application, label, permit, record, 59
report, manifest, or other document filed, maintained, or 60
required to be maintained under sections 260.350 to 260.430; 61
(4) Falsifies, tampers with, or renders inaccurate any 62
monitoring device or result therefrom used, filed, 63
maintained, or required to be maintained under sections 64
260.350 to 260.430; 65
(5) Generates, treats, stores, transports, disposes 66
of, or otherwise handles any hazardous waste, and who in 67
connection therewith knowingly destroys, alters or conceals 68
any record required to be maintained pursuant to sections 69
260.350 to 260.430; or 70
(6) Owns, maintains, or operates any hazardous waste 71
disposal facility in a manner which permits any acts or 72
hazardous waste management practices in violation of 73
sections 260.350 to 260.430[,]; 74
shall[,] be guilty of a class E felony and subject to a term 75
of imprisonment not more than four years. Upon conviction, 76
any person found to be in violation of this section may be 77
punished by a fine of not less than [twenty-five] two 78
thousand five hundred dollars nor more than twenty-five 79
thousand dollars for each day of violation, [or by 80
confinement in the county jail for not more than one year, 81
or by both such fine and confinement] in addition to a 82
required term of imprisonment. Second and successive 83
convictions for violation of this section shall be punished 84
by a fine of not less than five thousand dollars nor more 85
than fifty thousand dollars for each day of violation[, or 86
by imprisonment for not less than ten years, or by both such 87
fine and imprisonment]. Any person found guilty of a 88
SB 894 36
violation of this section may be subject to an extended 89
prison term pursuant to section 558.016. 90
4. Whenever the director or his designee observes or 91
has reason to believe any such person is violating or has 92
violated the provisions of sections 260.350 to 260.430 93
relating to hazardous waste facilities, the director or his 94
designee may request the sheriff or deputy sheriff of the 95
county where the hazardous waste facility is located, or any 96
law enforcement officer otherwise authorized by law to issue 97
a summons, to make investigation. If the officer views any 98
violation of sections 260.350 to 260.430 or has probable 99
cause to believe any violation of sections 260.350 to 100
260.430 is occurring or has occurred, he shall issue to the 101
owner or operator a summons, in lieu of arrest, which shall 102
state the nature of any alleged violations and shall command 103
the owner or operator to appear in circuit court, associate 104
division, at a stated time and place in answer thereto. If 105
the owner or operator shall fail to appear as commanded by 106
the summons, a warrant of arrest shall be issued. 107
5. In addition to the authority granted to it under 108
chapter 43, the Missouri state highway patrol, any of its 109
officers, or any other law enforcement officer, who has 110
probable cause to believe that such a violation of sections 111
260.350 to 260.430 has been committed may detain any 112
equipment involved in the violation and arrest the person 113
controlling or operating such equipment. Any such officer 114
shall also notify the department or the Missouri public 115
service commission as soon as practicable, which shall, in 116
addition, take whatever civil action they determine is 117
necessary to correct or eliminate such violation or any 118
threat to the health of humans or the environment. It shall 119
be the duty of the Missouri state highway patrol as it 120
SB 894 37
pertains to highway use, and all other officers of the state 121
of Missouri charged with enforcement of criminal law, to 122
further the purposes of sections 260.350 to 260.430 and to 123
render and furnish to the department when requested all 124
information and assistance in their possession and in their 125
power. 126
6. The liabilities which shall be imposed pursuant to 127
any provision of sections 260.350 to 260.430 upon persons 128
violating the provisions of sections 260.350 to 260.430 or 129
any standard, rule or regulation, or license or permit term 130
or condition adopted or issued hereunder shall not be 131
imposed for any violation caused by a strike or an act of 132
God, war, riot or other catastrophe. 133
7. No provision of sections 260.350 to 260.430 shall 134
be construed to limit any action at law or in equity from 135
being brought by any person or political subdivision 136
aggrieved by any violation of sections 260.350 to 260.430 137
nor shall any provision be construed to prohibit any person 138
from exercising otherwise existing rights to suppress 139
nuisances. 140
268.151. Any person who shall brand, attempt to brand, 1
or cause to be branded the animals of another, or who shall 2
efface, deface, or obliterate or attempt to efface, deface, 3
or obliterate any brand upon any animal or animals of 4
another, or who shall brand, attempt to brand, or cause to 5
be branded the recorded brand of another on any animal shall 6
be guilty of a class E felony and [shall] may, in addition 7
to other penalties provided by law, be imprisoned by the 8
department of corrections for not more than [five] four 9
years. Any person found guilty of a violation of this 10
section may be subject to an extended prison term pursuant 11
to section 558.016. 12
SB 894 38
311.460. Any person knowingly and willfully violating 1
any provisions of sections 311.410 to 311.450 shall be 2
deemed guilty of a class E felony and shall be punished, 3
upon conviction, by imprisonment [in the penitentiary] for a 4
term not exceeding [two] four years [or by imprisonment in 5
the county jail not exceeding one year] or by a fine not 6
exceeding one thousand dollars, or by both such fine and 7
imprisonment. Any person found guilty of a violation of 8
this section may be subject to an extended prison term 9
pursuant to section 558.016. 10
361.290. Any director, deputy, examiner, employee, 1
clerk or stenographer who shall violate his or her oath of 2
office or shall neglect or violate any of the duties imposed 3
upon him or her by this chapter, or shall be guilty of any 4
other misfeasance or malfeasance in office for which no 5
other or different punishment is by this chapter provided, 6
shall be deemed guilty of a class E felony, and upon 7
conviction, shall be punished by imprisonment [in the 8
penitentiary] for a term [of] not [less than two years nor] 9
exceeding [five] four years, or by a fine of not less than 10
one hundred dollars nor more than one thousand dollars, [or 11
by imprisonment in the county or city jail for not less than 12
one month nor more than twelve months,] or by both such fine 13
and imprisonment; and upon indictment of any such director, 14
deputy, examiner, clerk or stenographer for any violation of 15
this chapter, such officer or employee shall be disqualified 16
from further discharging the duties of such office or 17
position until such indictment is fully disposed of. Any 18
person found guilty of a violation of this section may be 19
subject to an extended prison term pursuant to section 20
558.016. 21
SB 894 39
362.100. Any person who shall, contrary to any of the 1
provisions of law, knowingly aid, abet or participate 2
directly or indirectly in issuing or selling or causing to 3
be issued or sold any share or shares of stock in any bank 4
or trust company shall be deemed guilty of a class E felony 5
and, upon conviction, thereof shall be punished by 6
imprisonment by the department of corrections [and human 7
resources] for a term not exceeding [five] four years or [by 8
confinement in the county jail for a term not exceeding six 9
months or] by a fine of not more than ten thousand dollars, 10
or by both such fine and confinement. Any person found 11
guilty of a violation of this section may be subject to an 12
extended prison term pursuant to section 558.016. 13
362.171. Any officer, director, agent, clerk or 1
employee of any bank or trust company who willfully and 2
knowingly makes or concurs in making any loan, either 3
directly or indirectly, to any individual, partnership or 4
corporation or by means of letters of credit, by acceptance 5
of drafts or by discount or purchase of notes, bills of 6
exchange or other obligation of any person, partnership or 7
corporation, in excess of the amounts set out in section 8
362.170, shall be deemed guilty of a class E felony and, 9
upon conviction, shall be punished by imprisonment [in the 10
penitentiary] for not [less than two years nor] more than 11
[ten] four years [or by imprisonment in the county jail for 12
not exceeding one year] or by a fine not exceeding five 13
hundred dollars, or by both such fine and imprisonment. Any 14
person found guilty of a violation of this section may be 15
subject to an extended prison term pursuant to section 16
558.016. 17
375.350. 1. No insurance company shall, directly or 1
indirectly, purchase or hold, either absolutely or as 2
SB 894 40
collateral, its own stock, after the same has been once 3
issued, without prior approval of the director of the 4
department of commerce and insurance. The written 5
application shall specify the number of shares offered, 6
their description, the price offered by the company, the 7
book value of said shares and any other pertinent 8
information regarding the value of said shares. A copy of 9
said application shall be given to the seller prior to the 10
filing of said written application with the director of the 11
department of commerce and insurance. This section shall 12
not prevent a company from buying its own stock, if the same 13
shall be forfeited and sold to the company for nonpayment of 14
assessments thereon, in which case it shall be treated and 15
issued as part of the original stock. Any person willfully 16
making a false statement or representation in the 17
application mentioned above shall be deemed guilty of a 18
class E felony and may be imprisoned for a period of not 19
[less than two years nor] more than [five] four years. Any 20
person found guilty of a violation of this section may be 21
subject to an extended prison term pursuant to section 22
558.016. 23
2. Notwithstanding the limitations set out in 24
subsection 1 of this section, an insurance company may 25
purchase or otherwise acquire its own stock, after the same 26
has once been issued, without prior approval of the director 27
of the department of commerce and insurance provided that: 28
(1) The insurance company does not thereby reduce its 29
capital and surplus below the minimums required by law for 30
such company to continue to do business; and 31
(2) The insurance company, within ten days after the 32
end of any three-month period in which it acquires more than 33
five percent of any class of its outstanding shares, files a 34
SB 894 41
report with the director of the department of commerce and 35
insurance showing: 36
(a) The date of such purchase; 37
(b) The class of stock purchased; 38
(c) The number of shares of each class so purchased; 39
(d) The aggregate price paid for such shares of each 40
class so purchased; and 41
(e) The authorized capital, actual capital, and 42
surplus of such company immediately prior to such purchase. 43
3. No shares which are or have been reacquired, 44
purchased, pledged, or held by an insurance company pursuant 45
to subsection 1 or 2 of this section shall be considered an 46
admitted asset, nor shall be considered in determining the 47
solvency of any insurance company. 48
375.390. No officer, stockholder, agent or employee of 1
any insurance company, formed under the laws of this state, 2
or doing business herein, shall, directly or indirectly, use 3
or employ, or permit others to use or employ, any of the 4
money, funds or securities of such company for private 5
profit or gain, and any such use shall be deemed a class E 6
felony, punishable, upon conviction, by imprisonment [in the 7
penitentiary] for a term not [less than two years nor] more 8
than [five] four years for each offense. Any person found 9
guilty of a violation of this section may be subject to an 10
extended prison term pursuant to section 558.016. 11
375.410. Any public official failing, neglecting or 1
refusing to comply with any of the provisions of [sections 2
375.390 and] section 375.400 shall be deemed guilty of a 3
misdemeanor, and, upon conviction, shall be fined not less 4
than five hundred dollars and forfeit his office. 5
375.470. If said director or his deputy shall 1
willfully fail, refuse or neglect to faithfully keep, 2
SB 894 42
deposit, account or surrender, in the manner by law 3
authorized or required, any such securities as aforesaid, 4
transferred to and received by him or into his custody, 5
under the provisions of law, such director shall be 6
responsible upon his official bond, and suit may be brought 7
upon said bond by any person injured; and said director or 8
his deputy so offending shall, upon conviction thereof, be 9
adjudged guilty of a class C felony, and punished by a fine 10
not exceeding ten thousand dollars, and by imprisonment [in 11
the state penitentiary] for a term not less than [two] three 12
or more than ten years[; and for any other willful violation 13
or failure or neglect to perform any duty prescribe by law, 14
and pertaining to his office, said director or his deputy, 15
upon conviction thereof, shall be deemed guilty of a 16
misdemeanor, and punished by a fine not exceeding one 17
thousand dollars, or by imprisonment in the county jail not 18
exceeding twelve months, or by both such fine and 19
imprisonment]. Any person found guilty of a violation of 20
this section may be subject to an extended prison term 21
pursuant to section 558.016. 22
386.560. Any person who shall willfully make any false 1
entry in the accounts, books of account, records, or 2
memoranda kept by any corporation, person, or public utility 3
governed by the provisions of this chapter, or who shall 4
willfully destroy, mutilate, alter, or by any other means or 5
device falsify the record of any such account, book of 6
accounts, record, or memoranda, or who shall willfully 7
neglect or fail to make full, true, and correct entries of 8
such account, book of accounts, record, or memoranda of all 9
facts and transactions appertaining to the business of such 10
corporations, persons, or public utilities, or who shall 11
falsely make any statement required to be made to the public 12
SB 894 43
service commission, in which a penalty has not heretofore 13
been provided for, shall be deemed guilty of a class E 14
felony[,] and, upon conviction, shall be punished by a fine 15
of not less than one thousand dollars nor more than five 16
thousand dollars, or by imprisonment for a term of not [less 17
than two years nor] more than [five] four years, or by both 18
such fine and imprisonment; provided, that the commission 19
may, in its discretion, issue orders specifying such 20
operating, accounting, or financial papers, records, books, 21
blanks, tickets, stubs, or documents, of carriers which may 22
after a reasonable time be destroyed, and prescribing the 23
length of time such books, papers, or documents shall be 24
preserved; and provided further, that such orders shall be 25
in harmony with those of the Interstate Commerce 26
Commission. Any person found guilty of a violation of this 27
section may be subject to an extended prison term pursuant 28
to section 558.016. 29
387.290. 1. The division of motor carrier and 1
railroad safety shall have the power to require motor 2
carriers to account for the disposition of the proceeds of 3
all sales of stocks, bonds, notes, and other evidences of 4
indebtedness in such form and detail as it may deem 5
advisable and to establish such rules and regulations as it 6
may deem reasonable and necessary to insure the disposition 7
of such proceeds for the purpose or purposes specified in 8
its order. 9
2. All stock, and every bond, note or evidence of 10
indebtedness, of a motor carrier issued without an order of 11
the division authorizing the same then in effect shall be 12
void, and likewise all stock, and every bond, note or other 13
evidence of indebtedness, of a motor carrier issued with the 14
authorization of the division, but not conforming in its 15
SB 894 44
provisions to the provisions, if any, which it is required 16
by the order of authorization of the division to contain, 17
shall be void; but no failure in any other respect to comply 18
with the terms or conditions of the order of authorization 19
of the division shall render void any stock, or any bond, 20
note, or other evidence of indebtedness, except as to a 21
corporation or person taking the same otherwise than in good 22
faith and for value and without actual notice. 23
3. Every motor carrier, which directly or indirectly 24
issues or causes to be issued, any stock or stock 25
certificates, or bond, note, or other evidence of 26
indebtedness, in nonconformity with the order of the 27
division authorizing the same, or contrary to the provisions 28
of this chapter, or of the constitution of the state, or 29
which applies the proceeds from the sale thereof, or any 30
part thereof, to any purpose other than the purpose or 31
purposes specified in the division's order, as herein 32
provided, or to any purpose specified in the division's 33
order in excess of the amount in said order authorized for 34
such purpose, is subject to a penalty of not less than five 35
hundred dollars nor more than twenty thousand dollars for 36
each offense. 37
4. Every officer, agent, or employee of a motor 38
carrier, and every other person who knowingly authorizes, 39
directs, aids in, issues or executes, or causes to be issued 40
or executed, any stock, or bond, note, or other evidence of 41
indebtedness, in nonconformity with the order of the 42
division authorizing the same, or contrary to the provisions 43
of this chapter, or of the constitution of this state, or 44
who, in any proceeding before the division, knowingly makes 45
any false statement or representation, or with knowledge of 46
its falsity files or causes to be filed with the division 47
SB 894 45
any false statement or representation which said statement 48
or representation so made, filed or caused to be filed may 49
tend in any way to influence the division to make an order 50
authorizing the issue of any stock, or any bond, note, or 51
other evidence of indebtedness, or which results in 52
procuring from the division the making of any such order, or 53
who, with knowledge that any false statement or 54
representation was made to the division in any proceeding, 55
tending in any way to influence the division to make such 56
order, issues or executes or negotiates, or causes to be 57
issued, executed or negotiated any such stock, or bond, 58
note, or other evidence of indebtedness, or who directly or 59
indirectly, knowingly applies, or causes or assists to be 60
applied the proceeds or any part thereof, from the sale of 61
any stock, or bond, note, or other evidence of indebtedness, 62
to any purpose not specified in the division's order, or to 63
any purpose specified in the division's order in excess of 64
the amount authorized for such purpose, or who, with 65
knowledge that any stock, or bond, note or other evidence of 66
indebtedness, has been issued or executed in violation of 67
any of the provisions of this chapter, negotiates, or causes 68
the same to be negotiated, shall be deemed guilty of a class 69
E felony[,] and, upon conviction, shall be punished by a 70
fine of not less than one thousand dollars nor more than 71
five thousand dollars, or by imprisonment for a term not 72
[less than two years nor] more than [five] four years, or by 73
both such fine and imprisonment. Any person found guilty of 74
a violation of this section may be subject to an extended 75
prison term pursuant to section 558.016. 76
5. No provision of this chapter, and no deed or act 77
done or performed under or in connection therewith, shall be 78
held or construed to obligate the state of Missouri to pay 79
SB 894 46
or guarantee, in any manner whatsoever, any stock, or bond, 80
note, or other evidence of indebtedness, authorized, issued 81
or executed under the provisions of this chapter. 82
6. All stocks, and every bond, note, or other evidence 83
of indebtedness issued by any motor carrier after this 84
chapter takes effect, upon the authority of any articles of 85
incorporation or amendments thereto or vote of the 86
stockholders or directors filed, taken or had, or other 87
proceedings taken or had, previous to the taking effect of 88
this chapter, shall be void, unless an order of the division 89
authorizing the issue of such stock, or bonds, notes, or 90
other evidences of indebtedness shall have been obtained 91
from the division prior to such issue. The division may by 92
its order impose such condition or conditions as it may deem 93
reasonable and necessary. 94
392.330. 1. The commission shall have the power to 1
require every telecommunications company to account for the 2
disposition of the proceeds of all sales of stocks, bonds, 3
notes, and other evidence of indebtedness, in such form and 4
detail as it may deem advisable, and to establish such rules 5
and regulations as it may deem reasonable and necessary to 6
ensure the disposition of such proceeds for the purpose or 7
purposes specified in its order. No rule or portion of a 8
rule promulgated under the authority of this chapter shall 9
become effective unless it has been promulgated pursuant to 10
the provisions of section 536.024. 11
2. All stock and every bond, note, or other evidence 12
of indebtedness of a telecommunications company issued 13
without an order of the commission authorizing the same then 14
in effect shall be void, and likewise all stock and every 15
bond, note or other evidence of indebtedness of a 16
telecommunications company issued with the authorization of 17
SB 894 47
the commission, but not conforming in its provisions to the 18
provisions, if any, which it is required by the order of 19
authorization of the commission to contain, shall be void; 20
but no failure in any other respect to comply with the terms 21
or conditions of the order of authorization of the 22
commission shall render void any stock or any bond, note, or 23
other evidence of indebtedness, except as to a corporation 24
or person taking the same otherwise than in good faith and 25
for value and without actual notice. 26
3. Every telecommunications company which, directly or 27
indirectly, issues or causes to be issued any stock, or 28
bond, note, or other evidence of indebtedness, in 29
nonconformity with the order of the commission authorizing 30
the same, or contrary to the provisions of this chapter, or 31
of the constitution of this state, or which applies the 32
proceeds from the sale thereof, or any part thereof, to any 33
purpose other than the purpose or purposes specified in the 34
commission's order in excess of the amount in such order 35
authorized for the purpose, is subject to a penalty of not 36
less than five hundred dollars nor more than twenty thousand 37
dollars for each offense. 38
4. Every officer, agent, or employee of a 39
telecommunications company and every other person who 40
knowingly authorizes, directs, aids in, issues or executes, 41
or causes to be issued or executed, any stock, bond, note, 42
or other evidence of indebtedness, in nonconformity with the 43
order of the commission authorizing the same, or contrary to 44
the provisions of sections 392.190 to 392.360, or to the 45
constitution of this state, or who, in any proceeding before 46
the commission, knowingly makes any false statement or 47
representation or with knowledge of its falsity files or 48
causes to be filed with the commission any false statement 49
SB 894 48
or representation, which said statement or representation so 50
made, filed or caused to be filed, may tend in any way to 51
influence the commission to make an order authorizing the 52
issue of any stock, or any bond, note, or other evidence of 53
indebtedness, or which results in the procuring from the 54
commission the making of any such order, or who, with 55
knowledge that any false statement or representation was 56
made to the commission, in any proceeding, tending in any 57
way to influence the commission to make such order, issues 58
or executes or negotiates, or causes to be issued or 59
executed or negotiated any such stock, or bond, note, or 60
other evidence of indebtedness, or who, directly or 61
indirectly, knowingly applies, or causes or assists to be 62
applied, the proceeds, or any part thereof, from the sale of 63
any stock, bond, note, or other evidence of indebtedness, to 64
any purpose not specified in the commission's order, or to 65
any purpose specified in the commission's order in excess of 66
the amount authorized for such purpose, or who, with 67
knowledge that any stock, or bond, note, or other evidence 68
of indebtedness has been issued or executed in violation of 69
any of the provisions of this chapter, negotiates, or causes 70
to be negotiated, any stock, bond, note, or other evidence 71
of indebtedness, shall be deemed guilty of a class E felony, 72
and, upon conviction, shall be punished by a fine of not 73
less than one thousand dollars nor more than five thousand 74
dollars, or by imprisonment for a term not [less than two 75
years nor] more than [five] four years, or by both such fine 76
and imprisonment. Any person found guilty of a violation of 77
this section may be subject to an extended prison term 78
pursuant to section 558.016. 79
5. No provision of this chapter, and no deed or act 80
done or performed under or in connection therewith, shall be 81
SB 894 49
held or construed to obligate the state of Missouri, to pay 82
or guarantee, in any manner whatsoever, any stock, or bond, 83
note, or other evidence of indebtedness, authorized, issued 84
or executed under the provisions of sections 392.190 to 85
392.360. 86
6. All stocks, and every bond, note, or other evidence 87
of indebtedness issued by any public utility after this 88
chapter takes effect, upon the authority of any articles of 89
incorporation or amendments thereto or vote of the 90
stockholders or directors filed, taken or had, or other 91
proceedings taken or had, previous to the taking effect of 92
this law, shall be void, unless an order of the commission 93
authorizing the issue of such stocks, bonds, notes, or other 94
evidences of indebtedness shall have been obtained from the 95
commission prior to such issue. The commission may by its 96
order impose such condition or conditions as it may deem 97
reasonable and necessary. 98
7. Notwithstanding the other provisions of this 99
section, the commission can approve all issues of stock, 100
bonds, notes, or other evidence of indebtedness of a 101
telecommunications company which were issued without prior 102
approval when it can be shown that the stocks, bonds, notes, 103
or other evidence of indebtedness were issued for purposes 104
authorized by section 392.310, and were issued in good faith 105
without knowledge of the requirement of obtaining prior 106
approval. 107
393.220. 1. The commission shall have power to 1
require gas corporations, electrical corporations, water 2
corporations, and sewer corporations to account for the 3
disposition of the proceeds of all sales of stocks, bonds, 4
notes, and other evidences of indebtedness in such form and 5
detail as it may deem advisable, and to establish such rules 6
SB 894 50
and regulations as it may deem reasonable and necessary to 7
insure the disposition of such proceeds for the purpose or 8
purposes specified in its order. 9
2. All stock, and every bond, note, or other evidence 10
of indebtedness of a gas corporation, electrical 11
corporation, water corporation, or sewer corporation issued 12
without an order of the commission authorizing the same then 13
in effect shall be void, and likewise all stock, and every 14
bond, note or other evidence of indebtedness of a gas 15
corporation, electrical corporation, water corporation, or 16
sewer corporation, issued with the authorization of the 17
commission, but not conforming in its provisions to the 18
provisions, if any, which it is required by the order of 19
authorization of the commission to contain, shall be void; 20
but no failure in any other respect to comply with the terms 21
or conditions of the order of authorization of the 22
commission shall render void any stock, or any bond, note, 23
or other evidence of indebtedness, except as to a 24
corporation or person taking the same otherwise than in good 25
faith and for value and without actual notice. 26
3. Every gas corporation, electrical corporation, 27
water corporation, or sewer corporation which, directly or 28
indirectly, issues or causes to be issued any stock or bond, 29
note, or other evidence of indebtedness, in nonconformity 30
with the order of the commission authorizing the same, or 31
contrary to the provisions of this chapter, or the 32
constitution of this state, or which applies the proceeds 33
from the sale thereof, or any part thereof, to any purpose 34
other than the purpose or purposes specified in the 35
commission's order in excess of the amount in said order 36
authorized for the purpose, is subject to a penalty of not 37
SB 894 51
less than five hundred dollars nor more than twenty thousand 38
dollars for each offense. 39
4. Every officer, agent, or employee of a gas 40
corporation, electrical corporation, water corporation, or 41
sewer corporation, and every other person who knowingly 42
authorizes, directs, aids in, issues or executes, or causes 43
to be issued or executed, any stock or bond, note, or other 44
evidence of indebtedness, in nonconformity with the order of 45
the commission authorizing the same, or contrary to the 46
provisions of this chapter, or to the constitution of this 47
state, or who, in any proceeding before the commission, 48
knowingly makes any false statement or representation or 49
with knowledge of its falsity files or causes to be filed 50
with the commission any false statement or representation, 51
which said statement or representation so made, filed or 52
caused to be filed may tend in any way to influence the 53
commission to make an order authorizing an issue of stock, 54
or any bond, note or other evidence of indebtedness, or 55
which results in the procuring from the commission the 56
making of any such order, or who, with knowledge that any 57
false statement or representation was made to the 58
commission, in any proceeding, tending in any way to 59
influence the commission to make such an order, issues or 60
executes or negotiates, or causes to be issued, executed or 61
negotiated any such stock or bond, note, or other evidence 62
of indebtedness, or who, directly or indirectly, knowingly 63
applies, or causes or assists to be applied the proceeds, or 64
any part thereof, from the sale of any stock or bond, note, 65
or other evidence of indebtedness, to any purpose not 66
specified in the commission's order, or to any purpose 67
specified in the commission's order, in excess of the amount 68
authorized for such purpose, or who, with knowledge that any 69
SB 894 52
stock or bond, note, or other evidence of indebtedness, has 70
been issued or executed in violation of any of the 71
provisions of this chapter, negotiates, or causes the same 72
to be negotiated, shall be deemed guilty of a class E 73
felony[,] and, upon conviction, shall be punished by a fine 74
of not less than one thousand dollars nor more than five 75
thousand dollars, or by imprisonment for not [less than two 76
years nor] more than [five] four years, or by both such fine 77
and imprisonment. Any person found guilty of a violation of 78
this section may be subject to an extended prison term 79
pursuant to section 558.016. 80
5. No provision of this chapter, and no deed or act 81
done or performed under or in connection therewith, shall be 82
held or construed to obligate the state of Missouri to pay 83
or guarantee in any manner whatsoever, any stock or bond, 84
note, or other evidence of indebtedness, authorized, issued 85
or executed under the provisions of this chapter. 86
6. All stocks and bonds, notes, and other evidences of 87
indebtedness issued by any public utility after this law 88
takes effect, upon the authority of any articles of 89
incorporation or amendments thereto or vote of the 90
stockholders or directors filed, taken or had, or other 91
proceedings taken or had, previous to the taking effect of 92
this chapter, shall be void, unless an order of the 93
commission authorizing the issue of such stocks, bonds, 94
notes, or other evidences of indebtedness shall have been 95
obtained from the commission prior to such issue. The 96
commission may by its order impose such condition or 97
conditions as it may deem reasonable and necessary. 98
7. Notwithstanding the other provisions of this 99
section to the contrary, the commission can approve all 100
issues of stock, bonds, notes, or other evidence of 101
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indebtedness of a gas corporation, electrical corporation, 102
water corporation, or sewer corporation, which were issued 103
without prior approval when it can be shown that the stocks, 104
bonds, notes, or other evidence of indebtedness were issued 105
for purposes authorized by section 393.200, and were issued 106
in good faith without knowledge of the requirement of 107
obtaining prior approval. 108
409.109. A person who willfully violates section 1
409.108 shall be deemed guilty of a class C felony and, upon 2
conviction, be fined not more than five hundred thousand 3
dollars or imprisoned not less than three years and not more 4
than ten years, or both. The proper prosecuting attorney 5
with or without a criminal reference from the commissioner, 6
or the attorney general under section 27.030, may institute 7
criminal proceedings under this section. Any person found 8
guilty of a violation of this section may be subject to an 9
extended prison term pursuant to section 558.016. 10
409.5-501. 1. It is unlawful for a person, in 1
connection with the offer, sale, or purchase of a security, 2
directly or indirectly: 3
(1) To employ a device, scheme, or artifice to defraud; 4
(2) To make an untrue statement of a material fact or 5
to omit to state a material fact necessary in order to make 6
the statement made, in the light of the circumstances under 7
which it is made, not misleading; or 8
(3) To engage in an act, practice, or course of 9
business that operates or would operate as a fraud or deceit 10
upon another person. 11
2. A person who willfully violates the terms of this 12
section shall be deemed guilty of a class C felony and shall 13
be subject to a term of imprisonment not less than three 14
years and not more than ten years. Any person found guilty 15
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of a violation of this section may be subject to an extended 16
prison term pursuant to section 558.016. 17
409.5-505. 1. It is unlawful for a person to make or 1
cause to be made, in a record that is used in an action or 2
proceeding or filed under this act, a statement that, at the 3
time and in the light of the circumstances under which it is 4
made, is false or misleading in a material respect, or, in 5
connection with the statement, to omit to state a material 6
fact necessary to make the statement made, in the light of 7
the circumstances under which it was made, not false or 8
misleading. 9
2. A person who willfully violates the terms of this 10
section shall be deemed guilty of a class C felony and shall 11
be subject to a term of imprisonment not less than three 12
years and not more than ten years. Any person found guilty 13
of a violation of this section may be subject to an extended 14
prison term pursuant to section 558.016. 15
409.5-508. (a) A person commits the [crime] offense 1
of criminal securities fraud when such person willfully 2
violates section 409.5-501. 3
(b) A person commits a criminal securities violation 4
when such person willfully violates any other provision of 5
this act, or a rule adopted or order issued under this act, 6
except section 409.5-504 or the notice filing requirements 7
of section 409.3-302 or 409.4-405, or that willfully 8
violates section 409.5-505 knowing the statement made to be 9
false or misleading in a material respect. 10
(c) A person convicted of criminal securities fraud or 11
any other criminal securities violation shall be deemed 12
guilty of a class C felony and fined not more than one 13
million dollars or imprisoned for a term not less than three 14
years nor more than ten years, or both, and if the violation 15
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was committed against an elderly or disabled person, then 16
the fine shall be not less than fifty thousand dollars. Any 17
person found guilty of a violation of this section may be 18
subject to an extended prison term pursuant to section 19
558.016. For purposes of this section, the following terms 20
mean: 21
(1) "Disabled person", a person with a physical or 22
mental impairment that substantially limits one or more of 23
the major life activities of such individual, a record of 24
such impairment, or being regarded as having such an 25
impairment; 26
(2) "Elderly person", a person sixty years of age or 27
older. 28
(d) An individual convicted of violating a rule or 29
order under this act may be fined, but may not be 30
imprisoned, if the individual did not have knowledge of the 31
rule or order. 32
(e) The attorney general or the proper prosecuting 33
attorney with or without a reference from the commissioner 34
may institute criminal proceedings under this act. 35
(f) This act does not limit the power of this state to 36
punish a person for conduct that constitutes a crime under 37
other laws of this state. 38
411.611. A warehouseman who issues or aids in issuing 1
a receipt knowing that the grain for which the receipt is 2
issued has not been actually received by the warehouseman, 3
or is not under [his] the actual control of the warehouseman 4
at the time of issuing the receipt, is guilty of a class E 5
felony and, upon conviction, shall be punished for each 6
offense by imprisonment by the department of corrections 7
[and human resources] for a term not to exceed [five] four 8
years. Any person found guilty of a violation of this 9
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section may be subject to an extended prison term pursuant 10
to section 558.016. 11
411.621. A warehouseman who fraudulently issues or 1
aids in fraudulently issuing a receipt for grain, knowing 2
that it contains any false statement, is guilty of a class E 3
felony[,] and, upon conviction, shall be punished for each 4
offense by imprisonment by the department of corrections 5
[and human resources] for a term not [less than two years 6
nor] more than [five] four years. Any person found guilty 7
of a violation of this section may be subject to an extended 8
prison term pursuant to section 558.016. 9
411.641. A warehouseman who delivers grain out of his 1
or her possession, knowing that a negotiable receipt, the 2
negotiation of which would transfer the right to the 3
possession of that grain, is outstanding and uncancelled, 4
without obtaining possession of the receipt at or before the 5
time of the delivery, is guilty of a class E felony[,] and, 6
upon conviction, shall be punished for each offense by 7
imprisonment by the department of corrections [and human 8
resources] for a term not [less than two nor] more than 9
[five] four years. Any person found guilty of a violation 10
of this section may be subject to an extended prison term 11
pursuant to section 558.016. 12
411.651. Any person who deposits grain to which [he] 1
the person has not title, or upon which there is a lien or 2
mortgage, and who takes for the grain a negotiable receipt 3
which [he] the person afterward negotiated for value with 4
intent to defraud, or without disclosing his or her want of 5
title, or the existence of the lien or mortgage, is guilty 6
of a [crime,] class E felony and, upon conviction, shall be 7
punished for each offense by imprisonment by the department 8
of corrections [and human resources] for a term not 9
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exceeding [five] four years, or by a fine not exceeding five 10
thousand dollars, or both. Any person found guilty of a 11
violation of this section may be subject to an extended 12
prison term pursuant to section 558.016. 13
556.061. In this code, unless the context requires a 1
different definition, the following terms shall mean: 2
(1) "Access", to instruct, communicate with, store 3
data in, retrieve or extract data from, or otherwise make 4
any use of any resources of, a computer, computer system, or 5
computer network; 6
(2) "Affirmative defense": 7
(a) The defense referred to is not submitted to the 8
trier of fact unless supported by evidence; and 9
(b) If the defense is submitted to the trier of fact 10
the defendant has the burden of persuasion that the defense 11
is more probably true than not; 12
(3) "Burden of injecting the issue": 13
(a) The issue referred to is not submitted to the 14
trier of fact unless supported by evidence; and 15
(b) If the issue is submitted to the trier of fact any 16
reasonable doubt on the issue requires a finding for the 17
defendant on that issue; 18
(4) "Commercial film and photographic print 19
processor", any person who develops exposed photographic 20
film into negatives, slides or prints, or who makes prints 21
from negatives or slides, for compensation. The term 22
commercial film and photographic print processor shall 23
include all employees of such persons but shall not include 24
a person who develops film or makes prints for a public 25
agency; 26
(5) "Computer", the box that houses the central 27
processing unit (CPU), along with any internal storage 28
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devices, such as internal hard drives, and internal 29
communication devices, such as internal modems capable of 30
sending or receiving electronic mail or fax cards, along 31
with any other hardware stored or housed internally. Thus, 32
computer refers to hardware, software and data contained in 33
the main unit. Printers, external modems attached by cable 34
to the main unit, monitors, and other external attachments 35
will be referred to collectively as peripherals and 36
discussed individually when appropriate. When the computer 37
and all peripherals are referred to as a package, the term 38
"computer system" is used. Information refers to all the 39
information on a computer system including both software 40
applications and data; 41
(6) "Computer equipment", computers, terminals, data 42
storage devices, and all other computer hardware associated 43
with a computer system or network; 44
(7) "Computer hardware", all equipment which can 45
collect, analyze, create, display, convert, store, conceal 46
or transmit electronic, magnetic, optical or similar 47
computer impulses or data. Hardware includes, but is not 48
limited to, any data processing devices, such as central 49
processing units, memory typewriters and self-contained 50
laptop or notebook computers; internal and peripheral 51
storage devices, transistor-like binary devices and other 52
memory storage devices, such as floppy disks, removable 53
disks, compact disks, digital video disks, magnetic tape, 54
hard drive, optical disks and digital memory; local area 55
networks, such as two or more computers connected together 56
to a central computer server via cable or modem; peripheral 57
input or output devices, such as keyboards, printers, 58
scanners, plotters, video display monitors and optical 59
readers; and related communication devices, such as modems, 60
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cables and connections, recording equipment, RAM or ROM 61
units, acoustic couplers, automatic dialers, speed dialers, 62
programmable telephone dialing or signaling devices and 63
electronic tone-generating devices; as well as any devices, 64
mechanisms or parts that can be used to restrict access to 65
computer hardware, such as physical keys and locks; 66
(8) "Computer network", two or more interconnected 67
computers or computer systems; 68
(9) "Computer program", a set of instructions, 69
statements, or related data that directs or is intended to 70
direct a computer to perform certain functions; 71
(10) "Computer software", digital information which 72
can be interpreted by a computer and any of its related 73
components to direct the way they work. Software is stored 74
in electronic, magnetic, optical or other digital form. The 75
term commonly includes programs to run operating systems and 76
applications, such as word processing, graphic, or 77
spreadsheet programs, utilities, compilers, interpreters and 78
communications programs; 79
(11) "Computer-related documentation", written, 80
recorded, printed or electronically stored material which 81
explains or illustrates how to configure or use computer 82
hardware, software or other related items; 83
(12) "Computer system", a set of related, connected or 84
unconnected, computer equipment, data, or software; 85
(13) "Confinement": 86
(a) A person is in confinement when such person is 87
held in a place of confinement pursuant to arrest or order 88
of a court, and remains in confinement until: 89
a. A court orders the person's release; or 90
b. The person is released on bail, bond, or 91
recognizance, personal or otherwise; or 92
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c. A public servant having the legal power and duty to 93
confine the person authorizes his release without guard and 94
without condition that he return to confinement; 95
(b) A person is not in confinement if: 96
a. The person is on probation or parole, temporary or 97
otherwise; or 98
b. The person is under sentence to serve a term of 99
confinement which is not continuous, or is serving a 100
sentence under a work-release program, and in either such 101
case is not being held in a place of confinement or is not 102
being held under guard by a person having the legal power 103
and duty to transport the person to or from a place of 104
confinement; 105
(14) "Consent": consent or lack of consent may be 106
expressed or implied. Assent does not constitute consent if: 107
(a) It is given by a person who lacks the mental 108
capacity to authorize the conduct charged to constitute the 109
offense and such mental incapacity is manifest or known to 110
the actor; or 111
(b) It is given by a person who by reason of youth, 112
mental disease or defect, intoxication, a drug-induced 113
state, or any other reason is manifestly unable or known by 114
the actor to be unable to make a reasonable judgment as to 115
the nature or harmfulness of the conduct charged to 116
constitute the offense; or 117
(c) It is induced by force, duress or deception; 118
(15) "Controlled substance", a drug, substance, or 119
immediate precursor in Schedules I through V as defined in 120
chapter 195; 121
(16) "Criminal negligence", failure to be aware of a 122
substantial and unjustifiable risk that circumstances exist 123
or a result will follow, and such failure constitutes a 124
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gross deviation from the standard of care which a reasonable 125
person would exercise in the situation; 126
(17) "Custody", a person is in custody when he or she 127
has been arrested but has not been delivered to a place of 128
confinement; 129
(18) "Damage", when used in relation to a computer 130
system or network, means any alteration, deletion, or 131
destruction of any part of the computer system or network; 132
(19) "Dangerous felony", the felonies of arson in the 133
first degree, assault in the first degree, attempted rape in 134
the first degree if physical injury results, attempted 135
forcible rape if physical injury results, attempted sodomy 136
in the first degree if physical injury results, attempted 137
forcible sodomy if physical injury results, rape in the 138
first degree, forcible rape, sodomy in the first degree, 139
forcible sodomy, assault in the second degree if the victim 140
of such assault is a special victim as defined in 141
subdivision (14) of section 565.002, kidnapping in the first 142
degree, kidnapping, murder in the second degree, assault of 143
a law enforcement officer in the first degree, domestic 144
assault in the first degree, elder abuse in the first 145
degree, robbery in the first degree, armed criminal action, 146
conspiracy to commit an offense when the offense is a 147
dangerous felony, vehicle hijacking when punished as a class 148
A felony, statutory rape in the first degree [when the 149
victim is a child less than twelve years of age at the time 150
of the commission of the act giving rise to the offense], 151
statutory sodomy in the first degree [when the victim is a 152
child less than twelve years of age at the time of the 153
commission of the act giving rise to the offense], child 154
molestation in the first or second degree, abuse of a child 155
if the child dies as a result of injuries sustained from 156
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conduct chargeable under section 568.060, child kidnapping, 157
parental kidnapping committed by detaining or concealing the 158
whereabouts of the child for not less than one hundred 159
twenty days under section 565.153, bus hijacking when 160
punished as a class A felony, planting a bomb or explosive 161
in or near a bus or terminal, [and] an "intoxication-related 162
traffic offense" or "intoxication-related boating offense" 163
if the person is found to be a "habitual offender" or 164
"habitual boating offender" as such terms are defined in 165
section 577.001, trafficking for the purposes of slavery, 166
involuntary servitude, peonage, or forced labor or attempted 167
trafficking for the purposes of slavery, involuntary 168
servitude, peonage, or forced labor when punished as a class 169
A felony pursuant to section 566.206, trafficking for the 170
purposes of sexual exploitation or attempted trafficking for 171
the purposes of sexual exploitation when punished as a class 172
A felony pursuant to section 566.209, sexual trafficking of 173
a child in the first degree, sexual trafficking of a child 174
in the second degree, and the failure to register as a sex 175
offender as a third offense under section 589.425; 176
(20) "Dangerous instrument", any instrument, article 177
or substance, which, under the circumstances in which it is 178
used, is readily capable of causing death or other serious 179
physical injury; 180
(21) "Data", a representation of information, facts, 181
knowledge, concepts, or instructions prepared in a 182
formalized or other manner and intended for use in a 183
computer or computer network. Data may be in any form 184
including, but not limited to, printouts, microfiche, 185
magnetic storage media, punched cards and as may be stored 186
in the memory of a computer; 187
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(22) "Deadly weapon", any firearm, loaded or unloaded, 188
or any weapon from which a shot, readily capable of 189
producing death or serious physical injury, may be 190
discharged, or a switchblade knife, dagger, billy club, 191
blackjack or metal knuckles; 192
(23) "Digital camera", a camera that records images in 193
a format which enables the images to be downloaded into a 194
computer; 195
(24) "Disability", a mental, physical, or 196
developmental impairment that substantially limits one or 197
more major life activities or the ability to provide 198
adequately for one's care or protection, whether the 199
impairment is congenital or acquired by accident, injury or 200
disease, where such impairment is verified by medical 201
findings; 202
(25) "Elderly person", a person sixty years of age or 203
older; 204
(26) "Felony", an offense so designated or an offense 205
for which persons found guilty thereof may be sentenced to 206
death or imprisonment for a term of more than one year; 207
(27) "Forcible compulsion" either: 208
(a) Physical force that overcomes reasonable 209
resistance; or 210
(b) A threat, express or implied, that places a person 211
in reasonable fear of death, serious physical injury or 212
kidnapping of such person or another person; 213
(28) "Incapacitated", a temporary or permanent 214
physical or mental condition in which a person is 215
unconscious, unable to appraise the nature of his or her 216
conduct, or unable to communicate unwillingness to an act; 217
(29) "Infraction", a violation defined by this code or 218
by any other statute of this state if it is so designated or 219
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if no sentence other than a fine, or fine and forfeiture or 220
other civil penalty, is authorized upon conviction; 221
(30) "Inhabitable structure", a vehicle, vessel or 222
structure: 223
(a) Where any person lives or carries on business or 224
other calling; or 225
(b) Where people assemble for purposes of business, 226
government, education, religion, entertainment, or public 227
transportation; or 228
(c) Which is used for overnight accommodation of 229
persons. 230
Any such vehicle, vessel, or structure is inhabitable 231
regardless of whether a person is actually present. If a 232
building or structure is divided into separately occupied 233
units, any unit not occupied by the actor is an inhabitable 234
structure of another; 235
(31) "Knowingly", when used with respect to: 236
(a) Conduct or attendant circumstances, means a person 237
is aware of the nature of his or her conduct or that those 238
circumstances exist; or 239
(b) A result of conduct, means a person is aware that 240
his or her conduct is practically certain to cause that 241
result; 242
(32) "Law enforcement officer", any public servant 243
having both the power and duty to make arrests for 244
violations of the laws of this state, and federal law 245
enforcement officers authorized to carry firearms and to 246
make arrests for violations of the laws of the United States; 247
(33) "Misdemeanor", an offense so designated or an 248
offense for which persons found guilty thereof may be 249
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sentenced to imprisonment for a term of which the maximum is 250
one year or less; 251
(34) "Of another", property that any entity, including 252
but not limited to any natural person, corporation, limited 253
liability company, partnership, association, governmental 254
subdivision or instrumentality, other than the actor, has a 255
possessory or proprietary interest therein, except that 256
property shall not be deemed property of another who has 257
only a security interest therein, even if legal title is in 258
the creditor pursuant to a conditional sales contract or 259
other security arrangement; 260
(35) "Offense", any felony or misdemeanor; 261
(36) "Physical injury", slight impairment of any 262
function of the body or temporary loss of use of any part of 263
the body; 264
(37) "Place of confinement", any building or facility 265
and the grounds thereof wherein a court is legally 266
authorized to order that a person charged with or convicted 267
of a crime be held; 268
(38) "Possess" or "possessed", having actual or 269
constructive possession of an object with knowledge of its 270
presence. A person has actual possession if such person has 271
the object on his or her person or within easy reach and 272
convenient control. A person has constructive possession if 273
such person has the power and the intention at a given time 274
to exercise dominion or control over the object either 275
directly or through another person or persons. Possession 276
may also be sole or joint. If one person alone has 277
possession of an object, possession is sole. If two or more 278
persons share possession of an object, possession is joint; 279
(39) "Property", anything of value, whether real or 280
personal, tangible or intangible, in possession or in action; 281
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(40) "Public servant", any person employed in any way 282
by a government of this state who is compensated by the 283
government by reason of such person's employment, any person 284
appointed to a position with any government of this state, 285
or any person elected to a position with any government of 286
this state. It includes, but is not limited to, 287
legislators, jurors, members of the judiciary and law 288
enforcement officers. It does not include witnesses; 289
(41) "Purposely", when used with respect to a person's 290
conduct or to a result thereof, means when it is his or her 291
conscious object to engage in that conduct or to cause that 292
result; 293
(42) "Recklessly", consciously disregarding a 294
substantial and unjustifiable risk that circumstances exist 295
or that a result will follow, and such disregard constitutes 296
a gross deviation from the standard of care which a 297
reasonable person would exercise in the situation; 298
(43) "Serious emotional injury", an injury that 299
creates a substantial risk of temporary or permanent medical 300
or psychological damage, manifested by impairment of a 301
behavioral, cognitive or physical condition. Serious 302
emotional injury shall be established by testimony of 303
qualified experts upon the reasonable expectation of 304
probable harm to a reasonable degree of medical or 305
psychological certainty; 306
(44) "Serious physical injury", physical injury that 307
creates a substantial risk of death or that causes serious 308
disfigurement or protracted loss or impairment of the 309
function of any part of the body; 310
(45) "Services", when used in relation to a computer 311
system or network, means use of a computer, computer system, 312
or computer network and includes, but is not limited to, 313
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computer time, data processing, and storage or retrieval 314
functions; 315
(46) "Sexual orientation", male or female 316
heterosexuality, homosexuality or bisexuality by 317
inclination, practice, identity or expression, or having a 318
self-image or identity not traditionally associated with 319
one's gender; 320
(47) "Vehicle", a self-propelled mechanical device 321
designed to carry a person or persons, excluding vessels or 322
aircraft; 323
(48) "Vessel", any boat or craft propelled by a motor 324
or by machinery, whether or not such motor or machinery is a 325
principal source of propulsion used or capable of being used 326
as a means of transportation on water, or any boat or craft 327
more than twelve feet in length which is powered by sail 328
alone or by a combination of sail and machinery, and used or 329
capable of being used as a means of transportation on water, 330
but not any boat or craft having, as the only means of 331
propulsion, a paddle or oars; 332
(49) "Voluntary act": 333
(a) A bodily movement performed while conscious as a 334
result of effort or determination. Possession is a 335
voluntary act if the possessor knowingly procures or 336
receives the thing possessed, or having acquired control of 337
it was aware of his or her control for a sufficient time to 338
have enabled him or her to dispose of it or terminate his or 339
her control; or 340
(b) An omission to perform an act of which the actor 341
is physically capable. A person is not guilty of an offense 342
based solely upon an omission to perform an act unless the 343
law defining the offense expressly so provides, or a duty to 344
perform the omitted act is otherwise imposed by law; 345
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(50) "Vulnerable person", any person in the custody, 346
care, or control of the department of mental health who is 347
receiving services from an operated, funded, licensed, or 348
certified program. 349
557.011. 1. Every person found guilty of an offense 1
shall be dealt with by the court in accordance with the 2
provisions of this chapter, except that for offenses defined 3
outside this code and not repealed, the term of imprisonment 4
or the fine that may be imposed is that provided in the 5
statute defining the offense[; however, the conditional 6
release term of any sentence of a term of years shall be 7
determined as provided in subsection 4 of section 558.011]. 8
2. Whenever any person has been found guilty of a 9
felony or a misdemeanor the court shall make one or more of 10
the following dispositions of the offender in any 11
appropriate combination. The court may: 12
(1) Sentence the person to a term of imprisonment as 13
authorized by chapter 558; 14
(2) Sentence the person to pay a fine as authorized by 15
chapter 560; 16
(3) Suspend the imposition of sentence, with or 17
without placing the person on probation; 18
(4) Pronounce sentence and suspend its execution, 19
placing the person on probation; 20
(5) Impose a period of detention as a condition of 21
probation, as authorized by section 559.026. 22
3. Whenever any person has been found guilty of an 23
infraction, the court shall make one or more of the 24
following dispositions of the offender in any appropriate 25
combination. The court may: 26
(1) Sentence the person to pay a fine as authorized by 27
chapter 560; 28
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(2) Suspend the imposition of sentence, with or 29
without placing the person on probation; 30
(3) Pronounce sentence and suspend its execution, 31
placing the person on probation. 32
4. Whenever any organization has been found guilty of 33
an offense, the court shall make one or more of the 34
following dispositions of the organization in any 35
appropriate combination. The court may: 36
(1) Sentence the organization to pay a fine as 37
authorized by chapter 560; 38
(2) Suspend the imposition of sentence, with or 39
without placing the organization on probation; 40
(3) Pronounce sentence and suspend its execution, 41
placing the organization on probation; 42
(4) Impose any special sentence or sanction authorized 43
by law. 44
5. This chapter shall not be construed to deprive the 45
court of any authority conferred by law to decree a 46
forfeiture of property, suspend or cancel a license, remove 47
a person from office, or impose any other civil penalty. An 48
appropriate order exercising such authority may be included 49
as part of any sentence. 50
6. In the event a sentence of confinement is ordered 51
executed, a court may order that an individual serve all or 52
any portion of such sentence on electronic monitoring; 53
except that all costs associated with the electronic 54
monitoring shall be charged to the person on house arrest. 55
If the judge finds the person unable to afford the costs 56
associated with electronic monitoring, the judge may order 57
that the person be placed on house arrest with electronic 58
monitoring if the county commission agrees to pay the costs 59
of such monitoring. If the person on house arrest is unable 60
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to afford the costs associated with electronic monitoring 61
and the county commission does not agree to pay from the 62
general revenue of the county the costs of such electronic 63
monitoring, the judge shall not order that the person be 64
placed on house arrest with electronic monitoring. 65
557.021. 1. Any offense defined outside this code 1
which is declared to be a misdemeanor without specification 2
of the penalty therefor is a class A misdemeanor. 3
2. Any offense defined outside this code which is 4
declared to be a felony without specification of the penalty 5
therefor is a class E felony and subject to the terms 6
outlined in chapter 558. 7
3. For the purpose of applying the extended term 8
provisions of section 558.016 and the minimum prison term 9
provisions of section [558.019] 558.011 and for determining 10
the penalty for attempts, offenses defined outside of this 11
code shall be classified as follows: 12
(1) If the offense is a felony: 13
(a) It is a class A felony if the authorized penalty 14
includes death, life imprisonment or imprisonment for a term 15
of twenty years or more; 16
(b) It is a class B felony if the maximum term of 17
imprisonment authorized exceeds ten years but is less than 18
twenty years; 19
(c) It is a class C felony if the maximum term of 20
imprisonment authorized is ten years; 21
(d) It is a class D felony if the maximum term of 22
imprisonment exceeds four years but is less than ten years; 23
(e) It is a class E felony if the maximum term of 24
imprisonment is four years or less; 25
(2) If the offense is a misdemeanor: 26
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(a) It is a class A misdemeanor if the authorized 27
imprisonment exceeds six months in jail; 28
(b) It is a class B misdemeanor if the authorized 29
imprisonment exceeds thirty days but is not more than six 30
months; 31
(c) It is a class C misdemeanor if the authorized 32
imprisonment is thirty days or less; 33
(d) It is a class D misdemeanor if it includes a 34
mental state as an element of the offense and there is no 35
authorized imprisonment; 36
(e) It is an infraction if there is no authorized 37
imprisonment. 38
558.011. 1. The authorized terms of imprisonment[, 1
including both prison and conditional release terms,] for 2
all felony offenses are: 3
(1) For a class A felony, a term of years not less 4
than ten years and not to exceed thirty years, or life 5
imprisonment, for which an offender shall serve a minimum 6
percentage between sixty to eighty percent of the imposed 7
sentence, as determined by the sentencing court, prior to 8
parole eligibility; 9
(2) For a class B felony, a term of years not less 10
than five years and not to exceed fifteen years, for which 11
an offender shall serve a minimum percentage between forty 12
and sixty percent of the imposed sentence, as determined by 13
the sentencing court, prior to parole eligibility; 14
(3) For a class C felony, a term of years not less 15
than three years and not to exceed ten years, for which an 16
offender shall serve a minimum percentage between thirty and 17
fifty percent of the imposed sentence, as determined by the 18
sentencing court, prior to parole eligibility; 19
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(4) For a class D felony, a term of years not to 20
exceed seven years, for which an offender shall serve a 21
minimum percentage between seventeen and thirty-seven 22
percent of the imposed sentence, as determined by the 23
sentencing court, prior to parole eligibility; 24
(5) For a class E felony, a term of years not to 25
exceed four years, for which an offender shall serve a 26
minimum percentage between seventeen and thirty-seven 27
percent of the imposed sentence, as determined by the 28
sentencing court, prior to parole eligibility; 29
(6) For a class A misdemeanor, a term not to exceed 30
one year; 31
(7) For a class B misdemeanor, a term not to exceed 32
six months; 33
(8) For a class C misdemeanor, a term not to exceed 34
fifteen days. 35
2. The authorized terms of imprisonment provided in 36
subsection 1 of this section shall apply to all offenses 37
within this code, excluding those categorized as dangerous 38
felonies, as such term is defined in section 556.061. 39
3. In cases where the sentencing court does not impose 40
a specific term of imprisonment required to be served in 41
order for the person to become parole eligible, the minimum 42
percentage of the term of imprisonment associated with the 43
felony class for which the offender is being sentenced shall 44
be the required term of imprisonment. 45
4. In cases of class D and E felonies, the court shall 46
have discretion to imprison for a special term not to exceed 47
one year in the county jail or other authorized penal 48
institution, and the place of confinement shall be fixed by 49
the court. If the court imposes a sentence of imprisonment 50
for a term longer than one year upon a person convicted of a 51
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class D or E felony, it shall commit the person to the 52
custody of the department of corrections. 53
[3.] 5. (1) When a regular sentence of imprisonment 54
for a felony is imposed, the court shall commit the person 55
to the custody of the department of corrections for the term 56
imposed under section 557.036, or until released under 57
procedures established elsewhere by law. 58
(2) A sentence of imprisonment for a misdemeanor shall 59
be for a definite term and the court shall commit the person 60
to the county jail or other authorized penal institution for 61
the term of his or her sentence or until released under 62
procedure established elsewhere by law. 63
[4. (1) Except as otherwise provided, a sentence of 64
imprisonment for a term of years for felonies other than 65
dangerous felonies as defined in section 556.061, and other 66
than sentences of imprisonment which involve the 67
individual's fourth or subsequent remand to the department 68
of corrections shall consist of a prison term and a 69
conditional release term. The conditional release term of 70
any term imposed under section 557.036 shall be: 71
(a) One-third for terms of nine years or less; 72
(b) Three years for terms between nine and fifteen 73
years; 74
(c) Five years for terms more than fifteen years; and 75
the prison term shall be the remainder of such term. The 76
prison term may be extended by the parole board pursuant to 77
subsection 5 of this section. 78
(2) "Conditional release" means the conditional 79
discharge of an offender by the parole board, subject to 80
conditions of release that the parole board deems reasonable 81
to assist the offender to lead a law-abiding life, and 82
subject to the supervision under the division of probation 83
SB 894 74
and parole. The conditions of release shall include 84
avoidance by the offender of any other offense, federal or 85
state, and other conditions that the parole board in its 86
discretion deems reasonably necessary to assist the releasee 87
in avoiding further violation of the law. 88
5. The date of conditional release from the prison 89
term may be extended up to a maximum of the entire sentence 90
of imprisonment by the parole board. The director of any 91
division of the department of corrections except the 92
division of probation and parole may file with the parole 93
board a petition to extend the conditional release date when 94
an offender fails to follow the rules and regulations of the 95
division or commits an act in violation of such rules. 96
Within ten working days of receipt of the petition to extend 97
the conditional release date, the parole board shall convene 98
a hearing on the petition. The offender shall be present 99
and may call witnesses in his or her behalf and cross- 100
examine witnesses appearing against the offender. The 101
hearing shall be conducted as provided in section 217.670. 102
If the violation occurs in close proximity to the 103
conditional release date, the conditional release may be 104
held for a maximum of fifteen working days to permit 105
necessary time for the division director to file a petition 106
for an extension with the parole board and for the parole 107
board to conduct a hearing, provided some affirmative 108
manifestation of an intent to extend the conditional release 109
has occurred prior to the conditional release date. If at 110
the end of a fifteen-working-day period a parole board 111
decision has not been reached, the offender shall be 112
released conditionally. The decision of the parole board 113
shall be final.] 114
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6. This section shall not be construed to affect the 115
powers of the governor under Section 7 of Article IV of the 116
Constitution of Missouri. This section shall not affect 117
those provisions of section 565.020 or 566.125, which set 118
minimum terms of sentences, or the provisions of section 119
559.115 relating to probation. 120
7. Notwithstanding any other provision of law to the 121
contrary, any offender who has been found guilty of a 122
dangerous felony and is committed to the department of 123
corrections shall be required to serve a minimum prison term 124
of eighty-five percent of the sentence imposed by the 125
sentencing court. 126
8. For the purpose of determining the minimum prison 127
term to be served, the following calculations shall apply: 128
(1) A sentence of life shall be calculated to be 129
thirty years; 130
(2) Any sentence either alone or in the aggregate with 131
other consecutive sentences for offenses committed at or 132
near the same time which is over seventy-five years shall be 133
calculated to be seventy-five years. 134
9. For purposes of this section, the term "minimum 135
prison term" shall mean time required to be served by the 136
offender before he or she is eligible for parole or other 137
early release by the department of corrections. 138
558.019. 1. [This section shall not be construed to 1
affect the powers of the governor under Article IV, Section 2
7, of the Missouri Constitution. This statute shall not 3
affect those provisions of section 565.020 or section 4
566.125, which set minimum terms of sentences, or the 5
provisions of section 559.115, relating to probation. 6
2. The provisions of subsections 2 to 5 of this 7
section shall only be applicable to the offenses contained 8
SB 894 76
in sections 565.021, 565.023, 565.024, 565.027, 565.050, 9
565.052, 565.054, 565.072, 565.073, 565.074, 565.090, 10
565.110, 565.115, 565.120, 565.153, 565.156, 565.225, 11
565.300, 566.030, 566.031, 566.032, 566.034, 566.060, 12
566.061, 566.062, 566.064, 566.067, 566.068, 566.069, 13
566.071, 566.083, 566.086, 566.100, 566.101, 566.103, 14
566.111, 566.115, 566.145, 566.151, 566.153, 566.203, 15
566.206, 566.209, 566.210, 566.211, 566.215, 568.030, 16
568.045, 568.060, 568.065, 568.175, 569.040, 569.160, 17
570.023, 570.025, 570.030 when punished as a class A, B, or 18
C felony, 570.145 when punished as a class A or B felony, 19
570.223 when punished as a class B or C felony, 571.020, 20
571.030, 571.070, 573.023, 573.025, 573.035, 573.037, 21
573.200, 573.205, 574.070, 574.080, 574.115, 575.030, 22
575.150, 575.153, 575.155, 575.157, 575.200 when punished as 23
a class A felony, 575.210, 575.230 when punished as a class 24
B felony, 575.240 when punished as a class B felony, 25
576.070, 576.080, 577.010, 577.013, 577.078, 577.703, 26
577.706, 579.065, and 579.068 when punished as a class A or 27
B felony. For the purposes of this section, "prison 28
commitment" means and is the receipt by the department of 29
corrections of an offender after sentencing. For purposes 30
of this section, prior prison commitments to the department 31
of corrections shall not include an offender's first 32
incarceration prior to release on probation under section 33
217.362 or 559.115. Other provisions of the law to the 34
contrary notwithstanding, any offender who has been found 35
guilty of a felony other than a dangerous felony as defined 36
in section 556.061 and is committed to the department of 37
corrections shall be required to serve the following minimum 38
prison terms: 39
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(1) If the offender has one previous prison commitment 40
to the department of corrections for a felony offense, the 41
minimum prison term which the offender must serve shall be 42
forty percent of his or her sentence or until the offender 43
attains seventy years of age, and has served at least thirty 44
percent of the sentence imposed, whichever occurs first; 45
(2) If the offender has two previous prison 46
commitments to the department of corrections for felonies 47
unrelated to the present offense, the minimum prison term 48
which the offender must serve shall be fifty percent of his 49
or her sentence or until the offender attains seventy years 50
of age, and has served at least forty percent of the 51
sentence imposed, whichever occurs first; 52
(3) If the offender has three or more previous prison 53
commitments to the department of corrections for felonies 54
unrelated to the present offense, the minimum prison term 55
which the offender must serve shall be eighty percent of his 56
or her sentence or until the offender attains seventy years 57
of age, and has served at least forty percent of the 58
sentence imposed, whichever occurs first. 59
3. Other provisions of the law to the contrary 60
notwithstanding, any offender who has been found guilty of a 61
dangerous felony as defined in section 556.061 and is 62
committed to the department of corrections shall be required 63
to serve a minimum prison term of eighty-five percent of the 64
sentence imposed by the court or until the offender attains 65
seventy years of age, and has served at least forty percent 66
of the sentence imposed, whichever occurs first. 67
4. For the purpose of determining the minimum prison 68
term to be served, the following calculations shall apply: 69
(1) A sentence of life shall be calculated to be 70
thirty years; 71
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(2) Any sentence either alone or in the aggregate with 72
other consecutive sentences for offenses committed at or 73
near the same time which is over seventy-five years shall be 74
calculated to be seventy-five years. 75
5. For purposes of this section, the term "minimum 76
prison term" shall mean time required to be served by the 77
offender before he or she is eligible for parole, 78
conditional release or other early release by the department 79
of corrections. 80
6. An offender who was convicted of, or pled guilty 81
to, a felony offense other than those offenses listed in 82
subsection 2 of this section prior to August 28, 2019, shall 83
no longer be subject to the minimum prison term provisions 84
under subsection 2 of this section, and shall be eligible 85
for parole, conditional release, or other early release by 86
the department of corrections according to the rules and 87
regulations of the department. 88
7.] (1) A sentencing advisory commission is hereby 89
created to consist of eleven members. One member shall be 90
appointed by the speaker of the house. One member shall be 91
appointed by the president pro tem of the senate. One 92
member shall be the director of the department of 93
corrections. Six members shall be appointed by and serve at 94
the pleasure of the governor from among the following: the 95
public defender commission; private citizens; a private 96
member of the Missouri Bar; the board of probation and 97
parole; and a prosecutor. Two members shall be appointed by 98
the supreme court, one from a metropolitan area and one from 99
a rural area. All members shall be appointed to a four-year 100
term. All members of the sentencing commission appointed 101
prior to August 28, 1994, shall continue to serve on the 102
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sentencing advisory commission at the pleasure of the 103
governor. 104
(2) The commission shall study sentencing practices in 105
the circuit courts throughout the state for the purpose of 106
determining whether and to what extent disparities exist 107
among the various circuit courts with respect to the length 108
of sentences imposed and the use of probation for offenders 109
convicted of the same or similar offenses and with similar 110
criminal histories. The commission shall also study and 111
examine whether and to what extent sentencing disparity 112
among economic and social classes exists in relation to the 113
sentence of death and if so, the reasons therefor, if 114
sentences are comparable to other states, if the length of 115
the sentence is appropriate, and the rate of rehabilitation 116
based on sentence. It shall compile statistics, examine 117
cases, draw conclusions, and perform other duties relevant 118
to the research and investigation of disparities in death 119
penalty sentencing among economic and social classes. 120
(3) The commission shall study alternative sentences, 121
prison work programs, work release, home-based 122
incarceration, probation and parole options, and any other 123
programs and report the feasibility of these options in 124
Missouri. 125
(4) The governor shall select a chairperson who shall 126
call meetings of the commission as required or permitted 127
pursuant to the purpose of the sentencing commission. 128
(5) The members of the commission shall not receive 129
compensation for their duties on the commission, but shall 130
be reimbursed for actual and necessary expenses incurred in 131
the performance of these duties and for which they are not 132
reimbursed by reason of their other paid positions. 133
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(6) The circuit and associate circuit courts of this 134
state, the office of the state courts administrator, the 135
department of public safety, and the department of 136
corrections shall cooperate with the commission by providing 137
information or access to information needed by the 138
commission. The office of the state courts administrator 139
will provide needed staffing resources. 140
[8.] 2. Courts shall retain discretion to lower or 141
exceed the sentence recommended by the commission as 142
otherwise allowable by law, and to order restorative justice 143
methods, when applicable. 144
[9.] 3. If the imposition or execution of a sentence 145
is suspended, the court may order any or all of the 146
following restorative justice methods, or any other method 147
that the court finds just or appropriate: 148
(1) Restitution to any victim or a statutorily created 149
fund for costs incurred as a result of the offender's 150
actions; 151
(2) Offender treatment programs; 152
(3) Mandatory community service; 153
(4) Work release programs in local facilities; and 154
(5) Community-based residential and nonresidential 155
programs. 156
[10.] 4. Pursuant to subdivision (1) of subsection [9] 157
1 of this section, the court may order the assessment and 158
payment of a designated amount of restitution to a county 159
law enforcement restitution fund established by the county 160
commission pursuant to section 50.565. Such contribution 161
shall not exceed three hundred dollars for any charged 162
offense. Any restitution moneys deposited into the county 163
law enforcement restitution fund pursuant to this section 164
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shall only be expended pursuant to the provisions of section 165
50.565. 166
[11.] 5. A judge may order payment to a restitution 167
fund only if such fund had been created by ordinance or 168
resolution of a county of the state of Missouri prior to 169
sentencing. A judge shall not have any direct supervisory 170
authority or administrative control over any fund to which 171
the judge is ordering a person to make payment. 172
[12.] 6. A person who fails to make a payment to a 173
county law enforcement restitution fund may not have his or 174
her probation revoked solely for failing to make such 175
payment unless the judge, after evidentiary hearing, makes a 176
finding supported by a preponderance of the evidence that 177
the person either willfully refused to make the payment or 178
that the person willfully, intentionally, and purposefully 179
failed to make sufficient bona fide efforts to acquire the 180
resources to pay. 181
[13.] 7. Nothing in this section shall be construed to 182
allow the sentencing advisory commission to issue 183
recommended sentences in specific cases pending in the 184
courts of this state. 185
558.026. 1. Multiple sentences of imprisonment shall 1
run concurrently unless the court specifies that they shall 2
run consecutively; except in the case of multiple sentences 3
of imprisonment imposed for any offense committed during or 4
at the same time as, or multiple offenses of, the following 5
felonies: 6
(1) Rape in the first degree, forcible rape, or rape; 7
(2) Statutory rape in the first degree; 8
(3) Sodomy in the first degree, forcible sodomy, or 9
sodomy; 10
(4) Statutory sodomy in the first degree; or 11
SB 894 82
(5) An attempt to commit any of the felonies listed in 12
this subsection. In such case, the sentence of imprisonment 13
imposed for any felony listed in this subsection or an 14
attempt to commit any of the aforesaid shall run 15
consecutively to the other sentences. The sentences imposed 16
for any other offense may run concurrently. 17
2. If a person who is on probation[,] or parole [or 18
conditional release] is sentenced to a term of imprisonment 19
for an offense committed after the granting of probation or 20
parole [or after the start of his or her conditional release 21
term], the court shall direct the manner in which the 22
sentence or sentences imposed by the court shall run with 23
respect to any resulting probation, parole or conditional 24
release revocation term or terms. If the subsequent 25
sentence to imprisonment is in another jurisdiction, the 26
court shall specify how any resulting probation, parole or 27
conditional release revocation term or terms shall run with 28
respect to the foreign sentence of imprisonment. 29
3. A court may cause any sentence it imposes to run 30
concurrently with a sentence an individual is serving or is 31
to serve in another state or in a federal correctional 32
center. If the Missouri sentence is served in another state 33
or in a federal correctional center, [subsection 4 of 34
section 558.011 and] section 217.690 shall apply as if the 35
individual were serving his or her sentence within the 36
department of corrections of the state of Missouri, except 37
that a personal hearing before the parole board shall not be 38
required for parole consideration. 39
4. When consecutive sentences are imposed by a court, 40
the sentencing equation shall be calculated using the 41
imposed term of years with respect to the minimum percentage 42
SB 894 83
of the term authorized by the judge that shall be required 43
to be served prior to parole eligibility. 44
(1) For each felony offense of the consecutive 45
sentences to be served, the sentencing court shall impose 46
half of the term of years for each felony offense to be 47
served in prison prior to parole eligibility. 48
(2) For consecutive sentencing, the sentencing court 49
shall add half of the total number of years together from 50
each of the included felony offenses to be run consecutively 51
to determine the total number of years required to be served 52
prior to parole eligibility. 53
5. When concurrent sentences are imposed by a court, a 54
person shall serve the minimum required percentage for each 55
offense prior to parole eligibility. 56
558.031. 1. A sentence of imprisonment shall commence 1
when a person convicted of an offense in this state is 2
received into the custody of the department of corrections 3
or other place of confinement where the offender is 4
sentenced. 5
2. [Such] The court shall, when pronouncing a 6
sentence, executing a suspended sentence, or suspending the 7
imposition of a sentence, record, as part of the judgment, 8
the number of days the person [shall receive credit toward 9
the service of a sentence of imprisonment for all time] was 10
in prison, jail, or custody, which was related to the 11
offense, after the offense occurred and before the 12
[commencement] pronouncement of the sentence[, when the time 13
in custody was related to that offense] or suspension of 14
imposition of the sentence, and award credit towards the 15
service of a sentence of imprisonment for that number of 16
days. [This] The jail time credit calculation shall be 17
[based upon the certification of the sheriff as provided in 18
SB 894 84
subdivision (3) of subsection 2 of section 217.305 and may 19
be supplemented by a certificate of a sheriff or other 20
custodial officer from another jurisdiction having held the 21
person on the charge of the offense for which the sentence 22
of imprisonment is ordered] pronounced at the time of the 23
judgment, the execution of a suspended sentence, or the 24
suspension of imposition of sentence, shall be included in 25
the record, and shall include both the dates the person was 26
in custody and the number of days to be credited toward the 27
service of the sentence. 28
3. For purposes of this section, time in custody 29
related to an offense includes time during which the offense 30
was charged in a criminal proceeding, there was an arrest 31
warrant issued in said criminal proceeding, and the arrest 32
warrant was served upon the person. The person shall not be 33
entitled to any credit toward the service of a sentence of 34
imprisonment for any time such person was not being held on 35
said arrest warrant because such person posted bond, the 36
arrest warrant was recalled, or the person was otherwise 37
released. 38
4. The court may take judicial notice of all time the 39
person has served in prison, jail, or custody for a criminal 40
proceeding by comparing dates of service on arrest warrants 41
with evidence contained within the court file of dates of 42
release and the prosecution and defense attorney may enter 43
into a stipulation with regard to credit for the service of 44
a sentence of imprisonment for all time in prison, jail, or 45
custody, except in no event may the court approve a 46
stipulation that is greater than or less than the time in 47
custody related to an offense. 48
5. Upon motion and notice by defendant or defense 49
counsel, for any such person who was held in a juvenile 50
SB 894 85
detention facility for an offense for which such person was 51
subsequently adjudicated to stand trial as an adult, the 52
court may also award credit toward the service of a sentence 53
of imprisonment for any time such person was confined in a 54
juvenile detention facility. 55
6. In the event a criminal proceeding related to an 56
offense is dismissed without prejudice by a court or nolle 57
prossed by the state, upon motion and notice by defendant or 58
defense counsel, the proceeding may be consolidated into the 59
present matter for purposes of calculating credit for the 60
service of a sentence of imprisonment. 61
7. The officer required by law to deliver a person 62
convicted of an offense in this state to the department of 63
corrections shall endorse upon the papers required by 64
section 217.305 both the dates the offender was in custody 65
and the period of time to be credited toward the service of 66
the sentence of imprisonment[, except as endorsed by such 67
officer] included in the judgment or suspended imposition of 68
sentence and such additional days after the pronouncement of 69
sentence and before the delivery of the person to the 70
department of corrections. 71
[4.] 8. If a person convicted of an offense escapes 72
from custody, such escape shall interrupt the sentence. The 73
interruption shall continue until such person is returned to 74
the correctional center where the sentence was being served, 75
or in the case of a person committed to the custody of the 76
department of corrections, to any correctional center 77
operated by the department of corrections. An escape shall 78
also interrupt the jail time credit to be applied to a 79
sentence which had not commenced when the escape occurred. 80
[5.] 9. If a sentence of imprisonment is vacated and a 81
new sentence imposed upon the offender for that offense, all 82
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time served under the vacated sentence shall be credited 83
against the new sentence, unless the time has already been 84
credited to another sentence as provided in subsection 1 of 85
this section. 86
[6.] 10. If a person released from imprisonment on 87
parole or serving a conditional release term violates any of 88
the conditions of his or her parole or release, he or she 89
may be treated as a parole violator. If the parole board 90
revokes the parole or conditional release, the paroled 91
person shall serve the remainder of the prison term and 92
conditional release term, as an additional prison term, and 93
the conditionally released person shall serve the remainder 94
of the conditional release term as a prison term, unless 95
released on parole. 96
[7.] 11. Subsection 2 of this section shall be 97
applicable to offenses for which the offender was sentenced 98
on or after August 28, [2023] 2026. 99
[8. The total amount of credit given shall not exceed 100
the number of days spent in prison, jail, or custody after 101
the offense occurred and before the commencement of the 102
sentence.] 103
12. The court shall retain jurisdiction to rule on any 104
motion challenging the number of days of jail time credit 105
awarded in the pronouncement of a sentence. 106
558.046. The sentencing court may, upon petition, 1
reduce any term of sentence or probation pronounced by the 2
court or a term of conditional release or parole pronounced 3
by the parole board if the court determines that: 4
(1) The convicted person was: 5
(a) Convicted of an offense that did not involve 6
violence or the threat of violence; and 7
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(b) Convicted of an offense that involved alcohol or 8
illegal drugs; and 9
(2) Since the commission of such offense, the 10
convicted person has successfully completed a detoxification 11
and rehabilitation program; and 12
(3) The convicted person is not: 13
(a) A prior offender, a persistent offender, a 14
dangerous offender or a persistent misdemeanor offender as 15
defined by section 558.016; or 16
(b) A persistent sexual offender as defined in section 17
566.125[; or 18
(c) A prior offender, a persistent offender or a class 19
X offender as defined in section 558.019]. 20
559.115. 1. Neither probation nor parole shall be 1
granted by the circuit court between the time the transcript 2
on appeal from the offender's conviction has been filed in 3
appellate court and the disposition of the appeal by such 4
court. 5
2. Unless otherwise prohibited by subsection [8] 7 of 6
this section, a circuit court only upon its own motion and 7
not that of the state or the offender shall have the power 8
to grant probation to an offender anytime up to one hundred 9
twenty days after such offender has been delivered to the 10
department of corrections but not thereafter. The court may 11
request information and a recommendation from the department 12
concerning the offender and such offender's behavior during 13
the period of incarceration. Except as provided in this 14
section, the court may place the offender on probation in a 15
program created pursuant to section 217.777, or may place 16
the offender on probation with any other conditions 17
authorized by law. 18
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3. The court may recommend placement of an offender in 19
a department of corrections one hundred twenty-day program 20
under this subsection. The department of corrections shall 21
assess each offender to determine the appropriate one 22
hundred twenty-day program in which to place the offender, 23
which may include placement in the structured cognitive 24
behavioral intervention program or institutional treatment 25
program. The placement of an offender in the structured 26
cognitive behavioral intervention program or institutional 27
treatment program shall be at the sole discretion of the 28
department based on the assessment of the offender and 29
available bed space. When the court recommends and receives 30
placement of an offender in a department of corrections one 31
hundred twenty-day program, the offender shall be released 32
on probation if the department of corrections determines 33
that the offender has successfully completed the program 34
except as follows. Upon successful completion of a program 35
under this subsection, the division of probation and parole 36
shall advise the sentencing court of an offender's 37
probationary release date thirty days prior to release. The 38
court shall follow the recommendation of the department 39
unless the court determines that probation is not 40
appropriate. If the court determines that probation is not 41
appropriate, the court may order the execution of the 42
offender's sentence only after conducting a hearing on the 43
matter within ninety to one hundred twenty days from the 44
date the offender was delivered to the department of 45
corrections. If the department determines the offender has 46
not successfully completed a one hundred twenty-day program 47
under this subsection, the division of probation and parole 48
shall advise the prosecuting attorney and the sentencing 49
court of the defendant's unsuccessful program exit and the 50
SB 894 89
defendant shall be removed from the program. The department 51
shall report on the offender's participation in the program 52
and may provide recommendations for terms and conditions of 53
an offender's probation. The court shall then have the 54
power to grant probation or order the execution of the 55
offender's sentence. 56
4. If the court is advised that an offender is not 57
eligible for placement in a one hundred twenty-day program 58
under subsection 3 of this section, the court shall consider 59
other authorized dispositions. If the department of 60
corrections one hundred twenty-day program under subsection 61
3 of this section is full, the court may place the offender 62
in a private program approved by the department of 63
corrections or the court, the expenses of such program to be 64
paid by the offender, or in an available program offered by 65
another organization. If the offender is convicted of a 66
class C, class D, or class E nonviolent felony, the court 67
may order probation while awaiting appointment to treatment. 68
5. Except when the offender has been found to be a 69
predatory sexual offender pursuant to section 566.125, the 70
court shall request the department of corrections to conduct 71
a sexual offender assessment if the defendant has been found 72
guilty of sexual abuse when classified as a class B felony. 73
Upon completion of the assessment, the department shall 74
provide to the court a report on the offender and may 75
provide recommendations for terms and conditions of an 76
offender's probation. The assessment shall not be 77
considered a one hundred twenty-day program as provided 78
under subsection 3 of this section. The process for 79
granting probation to an offender who has completed the 80
assessment shall be as provided under subsections 2 and 6 of 81
this section. 82
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6. Unless the offender is being granted probation 83
pursuant to successful completion of a one hundred twenty- 84
day program the circuit court shall notify the state in 85
writing when the court intends to grant probation to the 86
offender pursuant to the provisions of this section. The 87
state may, in writing, request a hearing within ten days of 88
receipt of the court's notification that the court intends 89
to grant probation. Upon the state's request for a hearing, 90
the court shall grant a hearing as soon as reasonably 91
possible. If the state does not respond to the court's 92
notice in writing within ten days, the court may proceed 93
upon its own motion to grant probation. 94
7. [An offender's first incarceration under this 95
section prior to release on probation shall not be 96
considered a previous prison commitment for the purpose of 97
determining a minimum prison term under the provisions of 98
section 558.019. 99
8.] Notwithstanding any other provision of law, 100
probation may not be granted pursuant to this section to 101
offenders who have been convicted of murder in the second 102
degree pursuant to section 565.021; forcible rape pursuant 103
to section 566.030 as it existed prior to August 28, 2013; 104
rape in the first degree under section 566.030; forcible 105
sodomy pursuant to section 566.060 as it existed prior to 106
August 28, 2013; sodomy in the first degree under section 107
566.060; statutory rape in the first degree pursuant to 108
section 566.032; statutory sodomy in the first degree 109
pursuant to section 566.062; child molestation in the first 110
degree pursuant to section 566.067 when classified as a 111
class A felony; abuse of a child pursuant to section 568.060 112
when classified as a class A felony; or an offender who has 113
been found to be a predatory sexual offender pursuant to 114
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section 566.125; any offense under section 557.045; or any 115
offense in which there exists a statutory prohibition 116
against either probation or parole. 117
566.030. 1. A person commits the offense of rape in 1
the first degree if he or she has sexual intercourse with 2
another person who is incapacitated, incapable of consent, 3
or lacks the capacity to consent, or by the use of forcible 4
compulsion. Forcible compulsion includes the use of a 5
substance administered without a victim's knowledge or 6
consent which renders the victim physically or mentally 7
impaired so as to be incapable of making an informed consent 8
to sexual intercourse. 9
2. The offense of rape in the first degree or an 10
attempt to commit rape in the first degree is a class A 11
felony for which the authorized term of imprisonment is life 12
imprisonment or a term of years not less than [five] ten 13
years[,] and not more than thirty years, unless: 14
(1) The offense is an aggravated sexual offense, in 15
which case the authorized term of imprisonment is life 16
imprisonment as described in section 558.011 or [a term of 17
years not less than fifteen years] life imprisonment without 18
eligibility for probation or parole; 19
(2) The person is a persistent or predatory sexual 20
offender as defined in section 566.125 and subjected to an 21
extended term of imprisonment under said section; 22
(3) The victim is a child less than [twelve] fourteen 23
years of age, in which case the required term of 24
imprisonment is life imprisonment as described in section 25
558.011 or life imprisonment without eligibility for 26
probation or parole [until the offender has served not less 27
than thirty years of such sentence or unless the offender 28
has reached the age of seventy-five years and has served at 29
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least fifteen years of such sentence, unless such rape in 30
the first degree is described under subdivision (4) of this 31
subsection]; or 32
(4) The victim is a child less than twelve years of 33
age and such rape in the first degree or attempt to commit 34
rape in the first degree was outrageously or wantonly vile, 35
horrible or inhumane, in that it involved torture or 36
depravity of mind, in which case the required term of 37
imprisonment is life imprisonment without eligibility for 38
probation[,] or parole [or conditional release]. 39
3. [Subsection 4 of section 558.019 shall not apply to 40
the sentence of a person who has been found guilty of rape 41
in the first degree or attempt to commit rape in the first 42
degree when the victim is less than twelve years of age, and 43
"life imprisonment" shall mean imprisonment for the duration 44
of a person's natural life for the purposes of this section. 45
4.] No person found guilty of rape in the first degree 46
or an attempt to commit rape in the first degree shall be 47
granted a suspended imposition of sentence or suspended 48
execution of sentence. 49
566.032. 1. A person commits the offense of statutory 1
rape in the first degree if he or she has sexual intercourse 2
with another person who is less than fourteen years of age. 3
2. The offense of statutory rape in the first degree 4
or an attempt to commit statutory rape in the first degree 5
is a class A felony for which the authorized term of 6
imprisonment is life imprisonment or a term of years not 7
less than [five] ten years and not more than thirty years, 8
unless: 9
(1) The offense is an aggravated sexual offense, or 10
the victim is less than twelve years of age in which case 11
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the authorized term of imprisonment is life imprisonment or 12
a term of years not less than ten years; or 13
(2) The person is a persistent or predatory sexual 14
offender as defined in section 566.125 and subjected to an 15
extended term of imprisonment under said section. 16
566.060. 1. A person commits the offense of sodomy in 1
the first degree if he or she has deviate sexual intercourse 2
with another person who is incapacitated, incapable of 3
consent, or lacks the capacity to consent, or by the use of 4
forcible compulsion. Forcible compulsion includes the use 5
of a substance administered without a victim's knowledge or 6
consent which renders the victim physically or mentally 7
impaired so as to be incapable of making an informed consent 8
to sexual intercourse. 9
2. The offense of sodomy in the first degree or an 10
attempt to commit sodomy in the first degree is a class B 11
felony for which the authorized term of imprisonment is life 12
imprisonment or a term of years not less than five years and 13
not more than fifteen years, unless: 14
(1) The offense is an aggravated sexual offense, in 15
which case the offense is a class A felony for which the 16
authorized term of imprisonment is life imprisonment or a 17
term of years not less than ten years; 18
(2) The person is a persistent or predatory sexual 19
offender as defined in section 566.125 and subjected to an 20
extended term of imprisonment under said section; 21
(3) The victim is a child less than twelve years of 22
age, in which case the offense is a class A felony for which 23
the required term of imprisonment is life imprisonment or 24
life imprisonment without eligibility for probation or 25
parole [until the offender has served not less than thirty 26
years of such sentence or unless the offender has reached 27
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the age of seventy-five years and has served at least 28
fifteen years of such sentence, unless such sodomy in the 29
first degree is described under subdivision (4) of this 30
subsection]; or 31
(4) The victim is a child less than twelve years of 32
age and such sodomy in the first degree or attempt to commit 33
sodomy in the first degree was outrageously or wantonly 34
vile, horrible or inhumane, in that it involved torture or 35
depravity of mind, in which case the required term of 36
imprisonment is life imprisonment without eligibility for 37
probation[,] or parole [or conditional release]. 38
3. [Subsection 4 of section 558.019 shall not apply to 39
the sentence of a person who has been found guilty of sodomy 40
in the first degree or an attempt to commit sodomy in the 41
first degree when the victim is less than twelve years of 42
age, and "life imprisonment" shall mean imprisonment for the 43
duration of a person's natural life for the purposes of this 44
section. 45
4.] No person found guilty of sodomy in the first 46
degree or an attempt to commit sodomy in the first degree 47
shall be granted a suspended imposition of sentence or 48
suspended execution of sentence. 49
566.062. 1. A person commits the offense of statutory 1
sodomy in the first degree if he or she has deviate sexual 2
intercourse with another person who is less than fourteen 3
years of age. 4
2. The offense of statutory sodomy in the first degree 5
or an attempt to commit statutory sodomy in the first degree 6
is a class B felony for which the authorized term of 7
imprisonment is life imprisonment or a term of years not 8
less than five years and not more than fifteen years, unless: 9
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(1) The offense is an aggravated sexual offense or the 10
victim is less than twelve years of age, in which case the 11
offense shall be considered a class A felony for which the 12
authorized term of imprisonment is life imprisonment or a 13
term of years not less than ten years; or 14
(2) The person is a persistent or predatory sexual 15
offender as defined in section 566.125 and subjected to an 16
extended term of imprisonment under said section. 17
566.067. 1. A person commits the offense of child 1
molestation in the first degree if he or she subjects 2
another person who is less than fourteen years of age to 3
sexual contact and the offense is an aggravated sexual 4
offense. 5
2. The offense of child molestation in the first 6
degree is a class A felony and subject to a term of 7
imprisonment not less than ten years and not more than 8
thirty years, if the victim is a child less than twelve 9
years of age, the person shall serve his or her term of 10
imprisonment without eligibility for probation[,] or 11
parole[, or conditional release]. 12
566.103. 1. A person or entity commits the offense of 1
promoting online sexual solicitation if such person or 2
entity knowingly permits a web-based classified service 3
owned or operated by such person or entity to be used by 4
individuals to post advertisements promoting prostitution, 5
enticing a child to engage in sexual conduct, or promoting 6
sexual trafficking of a child after receiving notice under 7
this section. 8
2. As used in this section, the term "web-based 9
classified service" means a person or entity in whose name a 10
specific URL or internet domain name is registered which has 11
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advertisements for goods and services or personal 12
advertisements. 13
3. An advertisement may be deemed to promote 14
prostitution, entice a child to engage in sexual conduct, or 15
promote sexual trafficking of a child, if the content of 16
such advertisement would be interpreted by a reasonable 17
person as offering to exchange sexual conduct for goods or 18
services in violation of chapter 567, as seeking a child for 19
the purpose of sexual conduct or commercial sex act, or as 20
offering a child as a participant in sexual conduct or 21
commercial sex act in violation of section 566.151, 566.210, 22
or 566.211. 23
4. It shall be prima facie evidence that a person or 24
entity acts knowingly if an advertisement is not removed 25
from the web-based classified service within seventy-two 26
hours of that person or entity being notified that an 27
advertisement has been posted on that service which is 28
prohibited under this section. 29
5. Notice under this section may be provided by 30
certified mail or facsimile transmission by the attorney 31
general or any prosecuting attorney or circuit attorney. 32
6. A violation of this section shall be a class E 33
felony, [punishable by] where the authorized term of 34
imprisonment shall not exceed four years. A person may, in 35
addition to a term of imprisonment, be assessed a fine in 36
the amount of five thousand dollars per day that the 37
advertisement remains posted on the web-based classified 38
service after seventy-two hours of when notice has been 39
provided pursuant to this section. 40
7. Original jurisdiction for prosecution of a 41
violation of this section shall be with the local 42
prosecuting attorney or circuit attorney. 43
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566.125. 1. The court shall sentence a person to an 1
extended term of imprisonment if it finds the defendant is a 2
persistent sexual offender and has been found guilty of 3
attempting to commit or committing the following offenses: 4
(1) Statutory rape in the first degree or statutory 5
sodomy in the first degree; 6
(2) Rape in the first degree or sodomy in the first 7
degree; 8
(3) Forcible rape; 9
(4) Forcible sodomy; 10
(5) Rape; 11
(6) Sodomy. 12
2. A "persistent sexual offender" is one who has 13
previously been found guilty of attempting to commit or 14
committing any of the offenses listed in subsection 1 of 15
this section or one who has previously been found guilty of 16
an offense in any other jurisdiction which would constitute 17
any of the offenses listed in subsection 1 of this section. 18
3. The term of imprisonment for one found to be a 19
persistent sexual offender shall be imprisonment for life 20
without eligibility for probation or parole. Subsection [4] 21
8 of section [558.019] 558.011 shall not apply to any person 22
imprisoned under this subsection, and "imprisonment for 23
life" shall mean imprisonment for the duration of the 24
person's natural life. 25
4. The court shall sentence a person to an extended 26
term of imprisonment as provided for in this section if it 27
finds the defendant is a predatory sexual offender and has 28
been found guilty of committing or attempting to commit any 29
of the offenses listed in subsection 1 of this section or 30
committing child molestation in the first or second degree 31
or sexual abuse when classified as a class B felony. 32
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5. For purposes of this section, a "predatory sexual 33
offender" is a person who: 34
(1) Has previously been found guilty of committing or 35
attempting to commit any of the offenses listed in 36
subsection 1 of this section, or committing child 37
molestation in the first or second degree, or sexual abuse 38
when classified as a class B felony; or 39
(2) Has previously committed an act which would 40
constitute an offense listed in subsection 4 of this 41
section, whether or not the act resulted in a conviction; or 42
(3) Has committed an act or acts against more than one 43
victim which would constitute an offense or offenses listed 44
in subsection 4 of this section, whether or not the 45
defendant was charged with an additional offense or offenses 46
as a result of such act or acts. 47
6. A person found to be a predatory sexual offender 48
shall be imprisoned for life with eligibility for parole, 49
however subsection [4] 8 of section [558.019] 558.011 shall 50
not apply to persons found to be predatory sexual offenders 51
for the purposes of determining the minimum prison term or 52
the length of sentence as defined or used in such 53
subsection. Notwithstanding any other provision of law, in 54
no event shall a person found to be a predatory sexual 55
offender receive a final discharge from parole. 56
7. Notwithstanding any other provision of law, the 57
court shall set the minimum time required to be served 58
before a predatory sexual offender is eligible for parole, 59
conditional release or other early release by the department 60
of corrections. The minimum time to be served by a person 61
found to be a predatory sexual offender who: 62
(1) Has previously been found guilty of committing or 63
attempting to commit any of the offenses listed in 64
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subsection 1 of this section and is found guilty of 65
committing or attempting to commit any of the offenses 66
listed in subsection 1 of this section shall be any number 67
of years but not less than thirty years; 68
(2) Has previously been found guilty of child 69
molestation in the first or second degree, or sexual abuse 70
when classified as a class B felony and is found guilty of 71
attempting to commit or committing any of the offenses 72
listed in subsection 1 of this section shall be any number 73
of years but not less than fifteen years; 74
(3) Has previously been found guilty of committing or 75
attempting to commit any of the offenses listed in 76
subsection 1 of this section, or committing child 77
molestation in the first or second degree, or sexual abuse 78
when classified as a class B felony shall be any number of 79
years but not less than fifteen years; 80
(4) Has previously been found guilty of child 81
molestation in the first degree or second degree, or sexual 82
abuse when classified as a class B felony, and is found 83
guilty of child molestation in the first or second degree, 84
or sexual abuse when classified as a class B felony shall be 85
any number of years but not less than fifteen years; 86
(5) Is found to be a predatory sexual offender 87
pursuant to subdivision (2) or (3) of subsection 5 of this 88
section shall be any number of years within the range to 89
which the person could have been sentenced pursuant to the 90
applicable law if the person was not found to be a predatory 91
sexual offender. 92
8. Notwithstanding any provision of law to the 93
contrary, the department of corrections, or any division 94
thereof, may not furlough an individual found to be and 95
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sentenced as a persistent sexual offender or a predatory 96
sexual offender. 97
566.151. 1. A person twenty-one years of age or older 1
commits the offense of enticement of a child if he or she 2
persuades, solicits, coaxes, entices, or lures whether by 3
words, actions or through communication via the internet or 4
any electronic communication, any person who is less than 5
seventeen years of age for the purpose of engaging in sexual 6
conduct. 7
2. It is not a defense to a prosecution for a 8
violation of this section that the other person was a peace 9
officer masquerading as a minor. 10
3. Enticement of a child or an attempt to commit 11
enticement of a child is a class B felony for which the 12
authorized term of imprisonment shall be not less than five 13
years and not more than [thirty] fifteen years. [No person 14
convicted under this section shall be eligible for parole, 15
probation, conditional release, or suspended imposition or 16
execution of sentence for a period of five calendar years.] 17
566.203. 1. A person commits the offense of abusing 1
an individual through forced labor by knowingly providing or 2
obtaining the labor or services of a person: 3
(1) By causing or threatening to cause serious 4
physical injury to any person; 5
(2) By physically restraining or threatening to 6
physically restrain another person; 7
(3) By blackmail; 8
(4) By means of any scheme, plan, or pattern of 9
behavior intended to cause such person to believe that, if 10
the person does not perform the labor services, the person 11
or another person will suffer serious physical injury, 12
physical restraint, or financial harm; or 13
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(5) By means of the abuse or threatened abuse of the 14
law or the legal process. 15
2. A person who is found guilty of the crime of abuse 16
through forced labor shall not be required to register as a 17
sexual offender pursuant to the provisions of section 18
589.400, unless such person is otherwise required to 19
register pursuant to the provisions of such section. 20
3. The offense of abuse through forced labor is [a 21
felony] punishable [by] as a class B felony. A person who 22
commits the offense of abuse through forced labor shall be 23
sentenced to imprisonment for a term of years not less than 24
five years and not more than [twenty] fifteen years and may 25
be assessed a fine not to exceed two hundred fifty thousand 26
dollars. 27
4. If death results from a violation of this section, 28
or if the violation includes kidnapping or an attempt to 29
kidnap, sexual abuse when punishable as a class B felony, or 30
an attempt to commit sexual abuse when punishable as a class 31
B felony, or an attempt to kill, it shall be considered a 32
dangerous felony as defined in section 556.061 and shall be 33
punishable as a class A felony. A person found guilty 34
pursuant to the provisions of this section shall be 35
sentenced to imprisonment for a term of years not less than 36
[five] ten years [or life] and not more than thirty years 37
and a fine not to exceed two hundred fifty thousand dollars. 38
566.206. 1. A person commits the offense of 1
trafficking for the purposes of slavery, involuntary 2
servitude, peonage, or forced labor if he or she knowingly 3
recruits, entices, harbors, transports, provides, or obtains 4
by any means, including but not limited to through the use 5
of force, abduction, coercion, fraud, deception, blackmail, 6
or causing or threatening to cause financial harm, another 7
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person for labor or services, for the purposes of slavery, 8
involuntary servitude, peonage, or forced labor, or 9
benefits, financially or by receiving anything of value, 10
from participation in such activities. 11
2. A person who is found guilty of the offense of 12
trafficking for the purposes of slavery, involuntary 13
servitude, peonage, or forced labor shall not be required to 14
register as a sexual offender pursuant to the provisions of 15
section 589.400, unless he or she is otherwise required to 16
register pursuant to the provisions of such section. 17
3. Except as provided in subsection 4 of this section, 18
the offense of trafficking for the purposes of slavery, 19
involuntary servitude, peonage, or forced labor is a class B 20
felony punishable by imprisonment for a term of years not 21
less than five years and not more than [twenty] fifteen 22
years and a fine not to exceed two hundred fifty thousand 23
dollars. 24
4. If death results from a violation of this section, 25
or if the violation includes kidnapping or an attempt to 26
kidnap, sexual abuse when punishable as a class B felony or 27
an attempt to commit sexual abuse when the sexual abuse 28
attempted is punishable as a class B felony, or an attempt 29
to kill, it shall be punishable [by] as a class A felony by 30
imprisonment for a term of years not less than [five] ten 31
years [or life] and not more than thirty years and a fine 32
not to exceed two hundred fifty thousand dollars. 33
566.209. 1. A person commits the [crime] offense of 1
trafficking for the purposes of sexual exploitation if a 2
person knowingly recruits, entices, harbors, transports, 3
provides, advertises the availability of or obtains by any 4
means, including but not limited to through the use of 5
force, abduction, coercion, fraud, deception, blackmail, or 6
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causing or threatening to cause financial harm, another 7
person for the use or employment of such person in a 8
commercial sex act, sexual conduct, a sexual performance, or 9
the production of explicit sexual material as defined in 10
section 573.010, without his or her consent, or benefits, 11
financially or by receiving anything of value, from 12
participation in such activities. 13
2. The [crime] offense of trafficking for the purposes 14
of sexual exploitation is a felony punishable as a class B 15
felony by imprisonment for a term of years not less than 16
five years and not more than [twenty] fifteen years and a 17
fine not to exceed two hundred fifty thousand dollars. If 18
a violation of this section was effected by force, 19
abduction, or coercion, the crime of trafficking for the 20
purposes of sexual exploitation is a felony as a class A 21
felony punishable by imprisonment for a term of years not 22
less than ten years [or life] and not more than thirty years 23
and a fine not to exceed two hundred fifty thousand dollars. 24
566.210. 1. A person commits the offense of sexual 1
trafficking of a child in the first degree if he or she 2
knowingly: 3
(1) Recruits, entices, harbors, transports, provides, 4
or obtains by any means, including but not limited to 5
through the use of force, abduction, coercion, fraud, 6
deception, blackmail, or causing or threatening to cause 7
financial harm, a person under the age of fourteen to 8
participate in a commercial sex act, a sexual performance, 9
or the production of explicit sexual material as defined in 10
section 573.010, or benefits, financially or by receiving 11
anything of value, from participation in such activities; 12
(2) Causes a person under the age of fourteen to 13
engage in a commercial sex act, a sexual performance, or the 14
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production of explicit sexual material as defined in section 15
573.010; or 16
(3) Advertises the availability of a person under the 17
age of fourteen to participate in a commercial sex act, a 18
sexual performance, or the production of explicit sexual 19
material as defined in section 573.010. 20
2. It shall not be a defense that the defendant 21
believed that the person was fourteen years of age or older. 22
3. The offense of sexual trafficking of a child in the 23
first degree is a felony for which the authorized term of 24
imprisonment is life imprisonment without eligibility for 25
probation or parole [until the offender has served not less 26
than thirty years of such sentence. Subsection 4 of section 27
558.019 shall not apply to the sentence of a person who has 28
been found guilty of sexual trafficking of a child less than 29
fourteen years of age, and "life imprisonment" shall mean 30
imprisonment for the duration of a person's natural life for 31
the purposes of this section]. 32
566.211. 1. A person commits the offense of sexual 1
trafficking of a child in the second degree if he or she 2
knowingly: 3
(1) Recruits, entices, harbors, transports, provides, 4
or obtains by any means, including but not limited to 5
through the use of force, abduction, coercion, fraud, 6
deception, blackmail, or causing or threatening to cause 7
financial harm, a person under the age of eighteen to 8
participate in a commercial sex act, a sexual performance, 9
or the production of explicit sexual material as defined in 10
section 573.010, or benefits, financially or by receiving 11
anything of value, from participation in such activities; 12
(2) Causes a person under the age of eighteen to 13
engage in a commercial sex act, a sexual performance, or the 14
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production of explicit sexual material as defined in section 15
573.010; or 16
(3) Advertises the availability of a person under the 17
age of eighteen to participate in a commercial sex act, a 18
sexual performance, or the production of explicit sexual 19
material as defined in section 573.010. 20
2. It shall not be a defense that the defendant 21
believed that the person was eighteen years of age or older. 22
3. The offense of sexual trafficking of a child in the 23
second degree is a class A felony punishable by imprisonment 24
for a term of years not less than [twenty] ten years [or 25
life] and not more than thirty years and a fine not to 26
exceed two hundred fifty thousand dollars if the child is 27
under the age of eighteen. If a violation of this section 28
was effected by force, abduction, or coercion, the crime of 29
sexual trafficking of a child shall be a class A felony for 30
which the authorized term of imprisonment is life 31
imprisonment without eligibility for probation or parole 32
until the defendant has served [not less than twenty-five 33
years of such sentence] eighty-five percent of his or her 34
minimum prison term as provided in section 558.011. 35
567.050. 1. A person commits the offense of promoting 1
prostitution in the first degree if he or she knowingly: 2
(1) Promotes prostitution by compelling a person to 3
enter into, engage in, or remain in prostitution; 4
(2) Promotes prostitution of a person less than 5
sixteen years of age; or 6
(3) Owns, manages, or operates an interactive computer 7
service, or conspires or attempts to do so, with the intent 8
to promote or facilitate the prostitution of another. As 9
used in this subdivision, the term "interactive computer 10
service" shall mean any information service, system, or 11
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access software provider that provides or enables computer 12
access by multiple users to a computer server, including 13
specifically a service or system that provides access to the 14
internet and such systems operated or services offered by 15
libraries or educational institutions. 16
2. The term "compelling" includes: 17
(1) The use of forcible compulsion; 18
(2) The use of a drug or intoxicating substance to 19
render a person incapable of controlling his conduct or 20
appreciating its nature; 21
(3) Withholding or threatening to withhold dangerous 22
drugs or a narcotic from a drug dependent person. 23
3. (1) The offense of promoting prostitution in the 24
first degree under subdivision (1) [or (3)] of subsection 1 25
of this section is a class B felony. 26
(2) The offense of promoting prostitution in the first 27
degree under [subdivision] subdivisions (2) and (3) of 28
subsection 1 of this section is a class A felony if a person 29
acts in reckless disregard of the fact that such conduct 30
contributed to the offense of trafficking for the purposes 31
of sexual exploitation under section 566.209. 32
(3) The offense of promoting prostitution in the first 33
degree under subdivision (2) of subsection 1 of this section 34
is a class A felony punishable by a term of imprisonment not 35
less than ten years and not to exceed [fifteen] thirty years. 36
4. A person injured by the acts committed in violation 37
of subdivision (3) of subsection 1 of this section or 38
subdivision (2) of subsection 3 of this section shall have a 39
civil cause of action to recover damages and reasonable 40
[attorneys'] attorney's fees for such injury. 41
5. In addition to the court's authority to order a 42
defendant to make restitution for the damage or loss caused 43
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by his or her offense as provided in section 559.105, the 44
court shall enter a judgment of restitution against the 45
defendant convicted of violating subdivision (3) of 46
subsection 1 of this section and subdivision (2) of 47
subsection 3 of this section. 48
568.060. 1. As used in this section, the following 1
terms shall mean: 2
(1) "Abuse", the infliction of physical, sexual, or 3
mental injury against a child by any person eighteen years 4
of age or older. For purposes of this section, abuse shall 5
not include injury inflicted on a child by accidental means 6
by a person with care, custody, or control of the child, or 7
discipline of a child by a person with care, custody, or 8
control of the child, including spanking, in a reasonable 9
manner; 10
(2) "Abusive head trauma", a serious physical injury 11
to the head or brain caused by any means, including but not 12
limited to shaking, jerking, pushing, pulling, slamming, 13
hitting, or kicking; 14
(3) "Mental injury", an injury to the intellectual or 15
psychological capacity or the emotional condition of a child 16
as evidenced by an observable and substantial impairment of 17
the ability of the child to function within his or her 18
normal range of performance or behavior; 19
(4) "Neglect", the failure to provide, by those 20
responsible for the care, custody, and control of a child 21
under the age of eighteen years, the care reasonable and 22
necessary to maintain the physical and mental health of the 23
child, when such failure presents a substantial probability 24
that death or physical injury or sexual injury would result; 25
(5) "Physical injury", physical pain, illness, or any 26
impairment of physical condition, including but not limited 27
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to bruising, lacerations, hematomas, welts, or permanent or 28
temporary disfigurement and impairment of any bodily 29
function or organ; 30
(6) "Serious emotional injury", an injury that creates 31
a substantial risk of temporary or permanent medical or 32
psychological damage, manifested by impairment of a 33
behavioral, cognitive, or physical condition. Serious 34
emotional injury shall be established by testimony of 35
qualified experts upon the reasonable expectation of 36
probable harm to a reasonable degree of medical or 37
psychological certainty; 38
(7) "Serious physical injury", a physical injury that 39
creates a substantial risk of death or that causes serious 40
disfigurement or protracted loss or impairment of the 41
function of any part of the body. 42
2. A person commits the offense of abuse or neglect of 43
a child if such person knowingly causes a child who is less 44
than eighteen years of age: 45
(1) To suffer physical or mental injury as a result of 46
abuse or neglect; or 47
(2) To be placed in a situation in which the child may 48
suffer physical or mental injury as the result of abuse or 49
neglect. 50
3. A person commits the offense of abuse or neglect of 51
a child if such person recklessly causes a child who is less 52
than eighteen years of age to suffer from abusive head 53
trauma. 54
4. A person does not commit the offense of abuse or 55
neglect of a child by virtue of the sole fact that the 56
person delivers or allows the delivery of a child to a 57
provider of emergency services. 58
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5. (1) A person does not commit the offense of abuse 59
or neglect of a child by virtue of the sole fact that the 60
person allows the child to engage in independent activities 61
without adult supervision and the person is a parent to the 62
child or is responsible for the child's care, provided that 63
the: 64
(a) Independent activities are appropriate based on 65
the child's age, maturity, and physical and mental 66
abilities; and 67
(b) Lack of adult supervision does not constitute 68
conduct that is so grossly negligent as to endanger the 69
health or safety of the child. 70
(2) As used in this subsection, "independent 71
activities" shall include traveling to or from school or 72
nearby locations by bicycle or on foot, playing outdoors, or 73
remaining at home for a reasonable period of time without 74
adult supervision. 75
6. The offense of abuse or neglect of a child is: 76
(1) A class D felony, [without eligibility for 77
probation, parole, or conditional release until the 78
defendant has served no less than one year of such sentence] 79
punishable by a term of imprisonment not to exceed seven 80
years, unless the person has previously been found guilty of 81
a violation of this section or of a violation of the law of 82
any other jurisdiction that prohibits the same or similar 83
conduct or the injury inflicted on the child is a serious 84
emotional injury or a serious physical injury, in which case 85
abuse or neglect of a child is a class [B] A felony, 86
[without eligibility for probation or parole until the 87
defendant has served not less than five years of such 88
sentence] punishable by a term of imprisonment not less than 89
ten years and not to exceed thirty years; or 90
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(2) A class A felony, subject to a term of 91
imprisonment not less than ten years and not to exceed 92
thirty years, if the child dies as a result of injuries 93
sustained from conduct chargeable under the provisions of 94
this section. 95
7. Notwithstanding subsection 6 of this section to the 96
contrary, the offense of abuse or neglect of a child is a 97
class A felony, without eligibility for probation[,] or 98
parole[, or conditional release] until the defendant has 99
served not less than [fifteen] ten years and not to exceed 100
thirty years of such sentence, if: 101
(1) The injury is a serious emotional injury or a 102
serious physical injury; 103
(2) The child is less than fourteen years of age; and 104
(3) The injury is the result of sexual abuse or sexual 105
abuse in the first degree as defined under section 566.100 106
or sexual exploitation of a minor as defined under section 107
573.023. 108
8. The circuit or prosecuting attorney may refer a 109
person who is suspected of abuse or neglect of a child to an 110
appropriate public or private agency for treatment or 111
counseling so long as the agency has consented to taking 112
such referrals. Nothing in this subsection shall limit the 113
discretion of the circuit or prosecuting attorney to 114
prosecute a person who has been referred for treatment or 115
counseling pursuant to this subsection. 116
9. Nothing in this section shall be construed to alter 117
the requirement that every element of any crime referred to 118
herein must be proven beyond a reasonable doubt. 119
10. Discipline, including spanking administered in a 120
reasonable manner, shall not be construed to be abuse under 121
this section. 122
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570.030. 1. A person commits the offense of stealing 1
if he or she: 2
(1) Appropriates property or services of another with 3
the purpose to deprive him or her thereof, either without 4
his or her consent or by means of deceit or coercion; 5
(2) Attempts to appropriate anhydrous ammonia or 6
liquid nitrogen of another with the purpose to deprive him 7
or her thereof, either without his or her consent or by 8
means of deceit or coercion; or 9
(3) For the purpose of depriving the owner of a lawful 10
interest therein, receives, retains or disposes of property 11
of another knowing that it has been stolen, or believing 12
that it has been stolen. 13
2. The offense of stealing is a class A felony if the 14
property appropriated consists of any of the following 15
containing any amount of anhydrous ammonia: a tank truck, 16
tank trailer, rail tank car, bulk storage tank, field nurse, 17
field tank or field applicator. 18
3. The offense of stealing is a class B felony and 19
subject to a term of imprisonment not less than five years 20
and not more than fifteen years if: 21
(1) The property appropriated or attempted to be 22
appropriated consists of any amount of anhydrous ammonia or 23
liquid nitrogen; 24
(2) The property consists of any animal considered 25
livestock as the term livestock is defined in section 26
144.010, or any captive wildlife held under permit issued by 27
the conservation commission, and the value of the animal or 28
animals appropriated exceeds three thousand dollars and that 29
person has previously been found guilty of appropriating any 30
animal considered livestock or captive wildlife held under 31
permit issued by the conservation commission. 32
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[Notwithstanding any provision of law to the contrary, such 33
person shall serve a minimum prison term of not less than 34
eighty percent of his or her sentence before he or she is 35
eligible for probation, parole, conditional release, or 36
other early release by the department of corrections]; 37
(3) A person appropriates property consisting of a 38
motor vehicle, watercraft, or aircraft, and that person has 39
previously been found guilty of two stealing-related 40
offenses committed on two separate occasions where such 41
offenses occurred within ten years of the date of occurrence 42
of the present offense; 43
(4) The property appropriated or attempted to be 44
appropriated consists of any animal considered livestock as 45
the term is defined in section 144.010 if the value of the 46
livestock exceeds ten thousand dollars; 47
(5) The property appropriated or attempted to be 48
appropriated is owned by or in the custody of a financial 49
institution and the property is taken or attempted to be 50
taken physically from an individual person to deprive the 51
owner or custodian of the property; or 52
(6) The person appropriates property, the person's 53
course of conduct is part of an organized retail theft, and 54
the value of the property taken, combined with any property 55
damage inflicted in such theft, is ten thousand dollars or 56
more. 57
4. The offense of stealing is a class C felony if: 58
(1) The value of the property or services appropriated 59
is twenty-five thousand dollars or more; 60
(2) The property is a teller machine or the contents 61
of a teller machine, including cash, regardless of the value 62
or amount; or 63
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(3) The person appropriates property, the person's 64
course of conduct is part of an organized retail theft, and 65
the value of the property taken, combined with any property 66
damage inflicted in such theft, is seven hundred fifty 67
dollars or more but less than ten thousand dollars. 68
5. The offense of stealing is a class D felony and 69
subject to a term of imprisonment not to exceed seven years 70
if: 71
(1) The value of the property or services appropriated 72
is seven hundred fifty dollars or more; 73
(2) The offender physically takes the property 74
appropriated from the person of the victim; or 75
(3) The property appropriated consists of: 76
(a) Any motor vehicle, watercraft or aircraft; 77
(b) Any will or unrecorded deed affecting real 78
property; 79
(c) Any credit device, debit device or letter of 80
credit; 81
(d) Any firearms; 82
(e) Any explosive weapon as defined in section 571.010; 83
(f) Any United States national flag designed, intended 84
and used for display on buildings or stationary flagstaffs 85
in the open; 86
(g) Any original copy of an act, bill or resolution, 87
introduced or acted upon by the legislature of the state of 88
Missouri; 89
(h) Any pleading, notice, judgment or any other record 90
or entry of any court of this state, any other state or of 91
the United States; 92
(i) Any book of registration or list of voters 93
required by chapter 115; 94
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(j) Any animal considered livestock as that term is 95
defined in section 144.010; 96
(k) Any live fish raised for commercial sale with a 97
value of seventy-five dollars or more; 98
(l) Any captive wildlife held under permit issued by 99
the conservation commission; 100
(m) Any controlled substance as defined by section 101
195.010; 102
(n) Ammonium nitrate; 103
(o) Any wire, electrical transformer, or metallic wire 104
associated with transmitting telecommunications, video, 105
internet, or voice over internet protocol service, or any 106
other device or pipe that is associated with conducting 107
electricity or transporting natural gas or other combustible 108
fuels; or 109
(p) Any material appropriated with the intent to use 110
such material to manufacture, compound, produce, prepare, 111
test or analyze amphetamine or methamphetamine or any of 112
their analogues. 113
6. The offense of stealing is a class E felony and 114
subject to a term of imprisonment not to exceed four years 115
if: 116
(1) The property appropriated is an animal; 117
(2) The property is a catalytic converter; 118
(3) A person has previously been found guilty of three 119
stealing-related offenses committed on three separate 120
occasions where such offenses occurred within ten years of 121
the date of occurrence of the present offense; or 122
(4) The property appropriated is a letter, postal 123
card, package, bag, or other sealed article that was 124
delivered by a common carrier or delivery service and not 125
yet received by the addressee or that had been left to be 126
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collected for shipment by a common carrier or delivery 127
service. 128
7. The offense of stealing is a class D misdemeanor if 129
the property is not of a type listed in subsection 2, 3, 5, 130
or 6 of this section, the property appropriated has a value 131
of less than one hundred fifty dollars, and the person has 132
no previous findings of guilt for a stealing-related offense. 133
8. The offense of stealing is a class A misdemeanor if 134
no other penalty is specified in this section. 135
9. If a violation of this section is subject to 136
enhanced punishment based on prior findings of guilt, such 137
findings of guilt shall be pleaded and proven in the same 138
manner as required by section 558.021. 139
10. The appropriation of any property or services of a 140
type listed in subsection 2, 3, 5, or 6 of this section or 141
of a value of seven hundred fifty dollars or more may be 142
considered a separate felony and may be charged in separate 143
counts. 144
11. The value of property or services appropriated 145
pursuant to one scheme or course of conduct, whether from 146
the same or several owners and whether at the same or 147
different times, constitutes a single criminal episode and 148
may be aggregated in determining the grade of the offense, 149
except as set forth in subsection 10 of this section. 150
12. As used in this section, the term "organized 151
retail theft" means: 152
(1) Any act of stealing committed by one or more 153
persons, as part of any agreement to steal property from any 154
business, and separate acts of stealing that are part of any 155
ongoing agreement to steal may be aggregated for the purpose 156
of determining value regardless of whether such acts are 157
committed in the same jurisdiction or at the same time; 158
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(2) Any act of receiving or possessing any property 159
that has been taken or stolen in violation of subdivision 160
(1) of this subsection while knowing or having reasonable 161
grounds to believe the property is stolen from any business 162
in violation of this section, and separate acts of receiving 163
or possessing such stolen property that are part of any 164
ongoing agreement to receive or possess such stolen property 165
may be aggregated for the purpose of determining value 166
regardless of whether such acts are committed in the same 167
jurisdiction or at the same time; or 168
(3) Any act of organizing, supervising, financing, 169
leading, or managing between one or more persons to engage 170
for profit in a scheme or course of conduct to effectuate or 171
intend to effectuate the transfer or sale of property stolen 172
from any business in violation of this section, and separate 173
acts of organizing, supervising, financing, leading, or 174
managing between one or more persons to engage for profit in 175
a scheme or course of conduct to effectuate or intend to 176
effectuate the transfer or sale of such stolen property that 177
are part of any ongoing agreement to organize, supervise, 178
finance, lead, or manage between one or more persons to 179
engage for profit in a scheme or course of conduct to 180
effectuate or intend to effectuate the transfer or sale of 181
such stolen property may be aggregated for the purpose of 182
determining the value regardless of whether such acts are 183
committed in the same jurisdiction or at the same time. 184
13. If any prosecuting attorney or circuit attorney 185
makes a request in writing to the attorney general, the 186
attorney general shall have the authority to commence and 187
prosecute the offense of stealing if such offense involves 188
organized retail theft, and any other offenses that directly 189
arise from or causally occur as a result of an alleged 190
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violation of the offense of stealing involving organized 191
retail theft, in each or any county or a city not within a 192
county in which the offense occurred with the same power and 193
authority granted to prosecuting attorneys in section 56.060 194
and circuit attorneys in section 56.450, except that all 195
costs and fees of such prosecution by the attorney general 196
shall be paid by the state and not by any county or local 197
government. 198
14. No provision of this section shall grant any 199
additional power to the attorney general beyond commencement 200
and prosecution of offenses as authorized in this section. 201
571.015. 1. Any person who commits any felony under 1
the laws of this state by, with, or through the use, 2
assistance, or aid of a dangerous instrument or deadly 3
weapon is also guilty of the offense of armed criminal 4
action; the offense of armed criminal action shall be [an 5
unclassified] a class B felony and, upon conviction, shall 6
be punished by imprisonment by the department of corrections 7
for a term of not less than [three] five years and not to 8
exceed fifteen years[, unless the person is unlawfully 9
possessing a firearm, in which case the term of imprisonment 10
shall be for a term of not less than five years. The 11
punishment imposed pursuant to this subsection shall be in 12
addition to and consecutive to any punishment provided by 13
law for the crime committed by, with, or through the use, 14
assistance, or aid of a dangerous instrument or deadly 15
weapon. No person convicted under this subsection shall be 16
eligible for parole, probation, conditional release, or 17
suspended imposition or execution of sentence for a period 18
of three calendar years]. 19
2. Any person convicted of a second offense of armed 20
criminal action under subsection 1 of this section shall be 21
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a class A felony and punished by imprisonment by the 22
department of corrections for a term of not less than [five] 23
ten years and not to exceed thirty years[, unless the person 24
is unlawfully possessing a firearm, in which case the term 25
of imprisonment shall be for a term not less than fifteen 26
years. The punishment imposed pursuant to this subsection 27
shall be in addition to and consecutive to any punishment 28
provided by law for the crime committed by, with, or through 29
the use, assistance, or aid of a dangerous instrument or 30
deadly weapon. No person convicted under this subsection 31
shall be eligible for parole, probation, conditional 32
release, or suspended imposition or execution of sentence 33
for a period of five calendar years]. 34
3. Any person convicted of a third or subsequent 35
offense of armed criminal action under subsection 1 of this 36
section shall be [punished by] sentenced to life 37
imprisonment without the possibility of probation or parole 38
by the department of corrections [for a term of not less 39
than ten years, unless the person is unlawfully possessing a 40
firearm, in which case the term of imprisonment shall be no 41
less than fifteen years. The punishment imposed pursuant to 42
this subsection shall be in addition to and consecutive to 43
any punishment provided by law for the crime committed by, 44
with, or through the use, assistance, or aid of a dangerous 45
instrument or deadly weapon. No person convicted under this 46
subsection shall be eligible for parole, probation, 47
conditional release, or suspended imposition or execution of 48
sentence for a period of ten calendar years]. 49
571.030. 1. A person commits the offense of unlawful 1
use of weapons, except as otherwise provided by sections 2
571.101 to 571.121, if he or she knowingly: 3
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(1) Carries concealed upon or about his or her person 4
a knife, a firearm, a blackjack or any other weapon readily 5
capable of lethal use into any area where firearms are 6
restricted under section 571.107; or 7
(2) Sets a spring gun; or 8
(3) Discharges or shoots a firearm into a dwelling 9
house, a railroad train, boat, aircraft, or motor vehicle as 10
defined in section 302.010, or any building or structure 11
used for the assembling of people; or 12
(4) Exhibits, in the presence of one or more persons, 13
any weapon readily capable of lethal use in an angry or 14
threatening manner; or 15
(5) Has a firearm or projectile weapon readily capable 16
of lethal use on his or her person, while he or she is 17
intoxicated, and handles or otherwise uses such firearm or 18
projectile weapon in either a negligent or unlawful manner 19
or discharges such firearm or projectile weapon unless 20
acting in self-defense; or 21
(6) Discharges a firearm within one hundred yards of 22
any occupied schoolhouse, courthouse, or church building; or 23
(7) Discharges or shoots a firearm at a mark, at any 24
object, or at random, on, along or across a public highway 25
or discharges or shoots a firearm into any outbuilding; or 26
(8) Carries a firearm or any other weapon readily 27
capable of lethal use into any church or place where people 28
have assembled for worship, or into any election precinct on 29
any election day, or into any building owned or occupied by 30
any agency of the federal government, state government, or 31
political subdivision thereof; or 32
(9) Discharges or shoots a firearm at or from a motor 33
vehicle, as defined in section 301.010, discharges or shoots 34
a firearm at any person, or at any other motor vehicle, or 35
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at any building or habitable structure, unless the person 36
was lawfully acting in self-defense; or 37
(10) Carries a firearm, whether loaded or unloaded, or 38
any other weapon readily capable of lethal use into any 39
school, onto any school bus, or onto the premises of any 40
function or activity sponsored or sanctioned by school 41
officials or the district school board; or 42
(11) Possesses a firearm while also knowingly in 43
possession of a controlled substance that is sufficient for 44
a felony violation of section 579.015. 45
2. Subdivisions (1), (8), and (10) of subsection 1 of 46
this section shall not apply to the persons described in 47
this subsection, regardless of whether such uses are 48
reasonably associated with or are necessary to the 49
fulfillment of such person's official duties except as 50
otherwise provided in this subsection. Subdivisions (3), 51
(4), (6), (7), and (9) of subsection 1 of this section shall 52
not apply to or affect any of the following persons, when 53
such uses are reasonably associated with or are necessary to 54
the fulfillment of such person's official duties, except as 55
otherwise provided in this subsection: 56
(1) All state, county and municipal peace officers who 57
have completed the training required by the police officer 58
standards and training commission pursuant to sections 59
590.030 to 590.050 and who possess the duty and power of 60
arrest for violation of the general criminal laws of the 61
state or for violation of ordinances of counties or 62
municipalities of the state, whether such officers are on or 63
off duty, and whether such officers are within or outside of 64
the law enforcement agency's jurisdiction, or all qualified 65
retired peace officers, as defined in subsection 12 of this 66
section, and who carry the identification defined in 67
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subsection 13 of this section, or any person summoned by 68
such officers to assist in making arrests or preserving the 69
peace while actually engaged in assisting such officer; 70
(2) Wardens, superintendents and keepers of prisons, 71
penitentiaries, jails and other institutions for the 72
detention of persons accused or convicted of crime; 73
(3) Members of the Armed Forces or National Guard 74
while performing their official duty; 75
(4) Those persons vested by Article V, Section 1 of 76
the Constitution of Missouri with the judicial power of the 77
state and those persons vested by Article III of the 78
Constitution of the United States with the judicial power of 79
the United States, the members of the federal judiciary; 80
(5) Any person whose bona fide duty is to execute 81
process, civil or criminal; 82
(6) Any federal probation officer or federal flight 83
deck officer as defined under the federal flight deck 84
officer program, 49 U.S.C. Section 44921, regardless of 85
whether such officers are on duty, or within the law 86
enforcement agency's jurisdiction; 87
(7) Any state probation or parole officer, including 88
supervisors and members of the parole board; 89
(8) Any corporate security advisor meeting the 90
definition and fulfilling the requirements of the 91
regulations established by the department of public safety 92
under section 590.750; 93
(9) Any coroner, deputy coroner, medical examiner, or 94
assistant medical examiner; 95
(10) Any municipal or county prosecuting attorney or 96
assistant prosecuting attorney; circuit attorney or 97
assistant circuit attorney; municipal, associate, or circuit 98
judge; or any person appointed by a court to be a special 99
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prosecutor who has completed the firearms safety training 100
course required under subsection 2 of section 571.111; 101
(11) Any member of a fire department or fire 102
protection district who is employed on a full-time basis as 103
a fire investigator and who has a valid concealed carry 104
endorsement issued prior to August 28, 2013, or a valid 105
concealed carry permit under section 571.111 when such uses 106
are reasonably associated with or are necessary to the 107
fulfillment of such person's official duties; and 108
(12) Upon the written approval of the governing body 109
of a fire department or fire protection district, any paid 110
fire department or fire protection district member who is 111
employed on a full-time basis and who has a valid concealed 112
carry endorsement issued prior to August 28, 2013, or a 113
valid concealed carry permit, when such uses are reasonably 114
associated with or are necessary to the fulfillment of such 115
person's official duties. 116
3. Subdivisions (1), (5), (8), and (10) of subsection 117
1 of this section do not apply when the actor is 118
transporting such weapons in a nonfunctioning state or in an 119
unloaded state when ammunition is not readily accessible or 120
when such weapons are not readily accessible. Subdivision 121
(1) of subsection 1 of this section does not apply to any 122
person nineteen years of age or older or eighteen years of 123
age or older and a member of the United States Armed Forces, 124
or honorably discharged from the United States Armed Forces, 125
transporting a concealable firearm in the passenger 126
compartment of a motor vehicle, so long as such concealable 127
firearm is otherwise lawfully possessed, nor when the actor 128
is also in possession of an exposed firearm or projectile 129
weapon for the lawful pursuit of game, or is in his or her 130
dwelling unit or upon premises over which the actor has 131
SB 894 123
possession, authority or control, or is traveling in a 132
continuous journey peaceably through this state. 133
Subdivision (10) of subsection 1 of this section does not 134
apply if the firearm is otherwise lawfully possessed by a 135
person while traversing school premises for the purposes of 136
transporting a student to or from school, or possessed by an 137
adult for the purposes of facilitation of a school- 138
sanctioned firearm-related event or club event. 139
4. Subdivisions (1), (8), and (10) of subsection 1 of 140
this section shall not apply to any person who has a valid 141
concealed carry permit issued pursuant to sections 571.101 142
to 571.121, a valid concealed carry endorsement issued 143
before August 28, 2013, or a valid permit or endorsement to 144
carry concealed firearms issued by another state or 145
political subdivision of another state. 146
5. Subdivisions (3), (4), (5), (6), (7), (8), (9), and 147
(10) of subsection 1 of this section shall not apply to 148
persons who are engaged in a lawful act of defense pursuant 149
to section 563.031. 150
6. Notwithstanding any provision of this section to 151
the contrary, the state shall not prohibit any state 152
employee from having a firearm in the employee's vehicle on 153
the state's property provided that the vehicle is locked and 154
the firearm is not visible. This subsection shall only 155
apply to the state as an employer when the state employee's 156
vehicle is on property owned or leased by the state and the 157
state employee is conducting activities within the scope of 158
his or her employment. For the purposes of this subsection, 159
"state employee" means an employee of the executive, 160
legislative, or judicial branch of the government of the 161
state of Missouri. 162
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7. (1) Subdivision (10) of subsection 1 of this 163
section shall not apply to a person who is a school officer 164
commissioned by the district school board under section 165
162.215 or who is a school protection officer, as described 166
under section 160.665. 167
(2) Nothing in this section shall make it unlawful for 168
a student to actually participate in school-sanctioned gun 169
safety courses, student military or ROTC courses, or other 170
school-sponsored or club-sponsored firearm-related events, 171
provided the student does not carry a firearm or other 172
weapon readily capable of lethal use into any school, onto 173
any school bus, or onto the premises of any other function 174
or activity sponsored or sanctioned by school officials or 175
the district school board. 176
8. A person who commits the crime of unlawful use of 177
weapons under: 178
(1) Subdivision (2), (3), (4), or (11) of subsection 1 179
of this section shall be guilty of a class E felony; 180
(2) Subdivision (1), (6), (7), or (8) of subsection 1 181
of this section shall be guilty of a class B misdemeanor, 182
except when a concealed weapon is carried onto any private 183
property whose owner has posted the premises as being off- 184
limits to concealed firearms by means of one or more signs 185
displayed in a conspicuous place of a minimum size of eleven 186
inches by fourteen inches with the writing thereon in 187
letters of not less than one inch, in which case the 188
penalties of subsection 2 of section 571.107 shall apply; 189
(3) Subdivision (5) or (10) of subsection 1 of this 190
section shall be guilty of a class A misdemeanor if the 191
firearm is unloaded and a class E felony if the firearm is 192
loaded; 193
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(4) Subdivision (9) of subsection 1 of this section 194
shall be guilty of a class B felony, except that if the 195
violation of subdivision (9) of subsection 1 of this section 196
results in injury or death to another person, it is a class 197
A felony. 198
9. Violations of subdivision (9) of subsection 1 of 199
this section shall be punished as follows: 200
(1) For the first violation a person shall be 201
sentenced to the maximum authorized term of imprisonment for 202
a class B felony, including a term of years not less than 203
five and not more than fifteen; 204
(2) For any violation by a prior offender as defined 205
in section 558.016, a person shall be sentenced to the 206
maximum authorized term of imprisonment for a class B felony 207
[without the possibility of parole, probation or conditional 208
release for a term of ten years]; 209
(3) For any violation by a persistent offender as 210
defined in section 558.016, a person shall be sentenced to 211
the maximum authorized term of imprisonment for a class B 212
felony [without the possibility of parole, probation, or 213
conditional release]; 214
(4) For any violation which results in injury or death 215
to another person, a person shall be sentenced to an 216
authorized disposition for a class A felony, including a 217
term of imprisonment not less than ten years and not more 218
than thirty years. 219
10. Any person knowingly aiding or abetting any other 220
person in the violation of subdivision (9) of subsection 1 221
of this section shall be subject to the same penalty as that 222
prescribed by this section for violations by other persons. 223
11. Notwithstanding any other provision of law, no 224
person who pleads guilty to or is found guilty of a felony 225
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violation of subsection 1 of this section shall receive a 226
suspended imposition of sentence if such person has 227
previously received a suspended imposition of sentence for 228
any other firearms- or weapons-related felony offense. 229
12. As used in this section "qualified retired peace 230
officer" means an individual who: 231
(1) Retired in good standing from service with a 232
public agency as a peace officer, other than for reasons of 233
mental instability; 234
(2) Before such retirement, was authorized by law to 235
engage in or supervise the prevention, detection, 236
investigation, or prosecution of, or the incarceration of 237
any person for, any violation of law, and had statutory 238
powers of arrest; 239
(3) Before such retirement, was regularly employed as 240
a peace officer for an aggregate of fifteen years or more, 241
or retired from service with such agency, after completing 242
any applicable probationary period of such service, due to a 243
service-connected disability, as determined by such agency; 244
(4) Has a nonforfeitable right to benefits under the 245
retirement plan of the agency if such a plan is available; 246
(5) During the most recent twelve-month period, has 247
met, at the expense of the individual, the standards for 248
training and qualification for active peace officers to 249
carry firearms; 250
(6) Is not under the influence of alcohol or another 251
intoxicating or hallucinatory drug or substance; and 252
(7) Is not prohibited by federal law from receiving a 253
firearm. 254
13. The identification required by subdivision (1) of 255
subsection 2 of this section is: 256
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(1) A photographic identification issued by the agency 257
from which the individual retired from service as a peace 258
officer that indicates that the individual has, not less 259
recently than one year before the date the individual is 260
carrying the concealed firearm, been tested or otherwise 261
found by the agency to meet the standards established by the 262
agency for training and qualification for active peace 263
officers to carry a firearm of the same type as the 264
concealed firearm; or 265
(2) A photographic identification issued by the agency 266
from which the individual retired from service as a peace 267
officer; and 268
(3) A certification issued by the state in which the 269
individual resides that indicates that the individual has, 270
not less recently than one year before the date the 271
individual is carrying the concealed firearm, been tested or 272
otherwise found by the state to meet the standards 273
established by the state for training and qualification for 274
active peace officers to carry a firearm of the same type as 275
the concealed firearm. 276
573.025. 1. A person commits the offense of promoting 1
child pornography in the first degree if, knowing of its 2
content and character, such person possesses with the intent 3
to promote or promotes child pornography of a child less 4
than fourteen years of age or obscene material portraying 5
what appears to be a child less than fourteen years of age. 6
2. The offense of promoting child pornography in the 7
first degree is a class B felony, punishable by a term of 8
imprisonment not less than five years and not more than 9
fifteen years, unless the person knowingly promotes such 10
material to a minor, in which case it is a class A felony, 11
punishable by a term of imprisonment not less than ten years 12
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and not more than thirty years. [No person who is found 13
guilty of promoting child pornography in the first degree 14
shall be eligible for probation, parole, or conditional 15
release for a period of three calendar years.] 16
3. Nothing in this section shall be construed to 17
require a provider of electronic communication services or 18
remote computing services to monitor any user, subscriber or 19
customer of the provider, or the content of any 20
communication of any user, subscriber or customer of the 21
provider. 22
575.151. 1. This section shall be known and may be 1
cited as "Valentine's Law". 2
2. A person commits the offense of aggravated fleeing 3
a stop or detention of a motor vehicle if he or she knows or 4
reasonably should know that a law enforcement officer is 5
attempting to detain or stop a motor vehicle, and for the 6
purpose of preventing the officer from effecting the stop or 7
detention, he or she flees and: 8
(1) Such person operates a motor vehicle at a high 9
speed or in any manner which creates a substantial risk of 10
serious physical injury or death to any person; 11
(2) As a result of such flight causes physical injury 12
to another person; or 13
(3) As a result of such flight causes death to another 14
person. 15
3. A person is presumed to be fleeing a vehicle stop 16
or detention if he or she continues to operate a motor 17
vehicle after he or she has seen or reasonably should have 18
seen clearly visible emergency lights or has heard or 19
reasonably should have heard an audible signal emanating 20
from the law enforcement vehicle pursuing him or her. 21
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4. It is no defense to a prosecution pursuant to 22
subsection 2 of this section that the law enforcement 23
officer was acting unlawfully in making the arrest. 24
However, nothing in this section shall be construed to bar 25
civil suits for unlawful arrest. A person need not know the 26
basis for the arrest, detention, or stop, only that the 27
person was being stopped or detained. 28
5. The offense of aggravated fleeing a stop or 29
detention in violation of subdivision (1) of subsection 2 of 30
this section shall be a class D felony, [without eligibility 31
for probation, parole, or conditional release until the 32
defendant has served no less than one year of such sentence] 33
punishable by a term of imprisonment not to exceed seven 34
years. The offense of aggravated fleeing a stop or 35
detention in violation of subdivision (2) of subsection 2 of 36
this section shall be a class B felony, punishable by a term 37
of imprisonment not less than five years and not to exceed 38
fifteen years. The offense of aggravated fleeing a stop or 39
detention in violation of subdivision (3) of subsection 2 of 40
this section shall be a class A felony, punishable by a term 41
of imprisonment not less than ten years and not to exceed 42
thirty years. 43
575.270. 1. A person commits the offense of tampering 1
with a witness or victim if: 2
(1) With the purpose to induce a witness or a 3
prospective witness to disobey a subpoena or other legal 4
process, absent himself or herself, avoid subpoena or other 5
legal process, withhold evidence, information, or documents, 6
or testify falsely, he or she: 7
(a) Threatens or causes harm to any person or 8
property; or 9
(b) Uses force, threats or deception; or 10
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(c) Offers, confers or agrees to confer any benefit, 11
direct or indirect, upon such witness; or 12
(d) Conveys any of the foregoing to another in 13
furtherance of a conspiracy; or 14
(2) He or she purposely prevents or dissuades or 15
attempts to prevent or dissuade any person who has been a 16
victim of any crime or a person who is acting on behalf of 17
any such victim from: 18
(a) Making any report of such victimization to any 19
peace officer, state, local or federal law enforcement 20
officer, prosecuting agency, or judge; 21
(b) Causing a complaint, indictment or information to 22
be sought and prosecuted or assisting in the prosecution 23
thereof; 24
(c) Arresting or causing or seeking the arrest of any 25
person in connection with such victimization. 26
2. The offense of tampering with a witness or victim 27
is a class A misdemeanor, unless the original charge is a 28
felony, in which case [tampering with a witness or victim is 29
a class D felony. Persons convicted under this section 30
shall not be eligible for parole] a person convicted under 31
this section shall be sentenced to a term of imprisonment 32
one felony class lower than that of the original charge. 33
577.010. 1. A person commits the offense of driving 1
while intoxicated if he or she operates a vehicle while in 2
an intoxicated condition. 3
2. The offense of driving while intoxicated is: 4
(1) A class B misdemeanor; 5
(2) A class A misdemeanor if: 6
(a) The defendant is a prior offender; or 7
(b) A person less than seventeen years of age is 8
present in the vehicle; 9
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(3) A class E felony if: 10
(a) The defendant is a persistent offender; or 11
(b) While driving while intoxicated, the defendant 12
acts with criminal negligence to cause physical injury to 13
another person; 14
(4) A class D felony if: 15
(a) The defendant is an aggravated offender; 16
(b) While driving while intoxicated, the defendant 17
acts with criminal negligence to cause physical injury to a 18
law enforcement officer or emergency personnel; or 19
(c) While driving while intoxicated, the defendant 20
acts with criminal negligence to cause serious physical 21
injury to another person; 22
(5) A class C felony if: 23
(a) The defendant is a chronic offender; 24
(b) While driving while intoxicated, the defendant 25
acts with criminal negligence to cause serious physical 26
injury to a law enforcement officer or emergency personnel; 27
or 28
(c) While driving while intoxicated, the defendant 29
acts with criminal negligence to cause the death of another 30
person; 31
(6) A class B felony if: 32
(a) The defendant is a habitual offender; 33
(b) While driving while intoxicated, the defendant 34
acts with criminal negligence to cause the death of a law 35
enforcement officer or emergency personnel; 36
(c) While driving while intoxicated, the defendant 37
acts with criminal negligence to cause the death of any 38
person not a passenger in the vehicle operated by the 39
defendant, including the death of an individual that results 40
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from the defendant's vehicle leaving a highway, as defined 41
in section 301.010, or the highway's right-of-way; 42
(d) While driving while intoxicated, the defendant 43
acts with criminal negligence to cause the death of two or 44
more persons; or 45
(e) While driving while intoxicated, the defendant 46
acts with criminal negligence to cause the death of any 47
person while he or she has a blood alcohol content of at 48
least eighteen-hundredths of one percent by weight of 49
alcohol in such person's blood; 50
(7) A class A felony if the defendant has previously 51
been found guilty of an offense under paragraphs (a) to (e) 52
of subdivision (6) of this subsection and is found guilty of 53
a subsequent violation of such paragraphs. 54
3. Notwithstanding the provisions of subsection 2 of 55
this section, a person found guilty of the offense of 56
driving while intoxicated as a first offense shall not be 57
granted a suspended imposition of sentence: 58
(1) Unless such person shall be placed on probation 59
for a minimum of two years; or 60
(2) In a circuit where a DWI court or docket created 61
under section 478.007 or other court-ordered treatment 62
program is available, and where the offense was committed 63
with fifteen-hundredths of one percent or more by weight of 64
alcohol in such person's blood, unless the individual 65
participates and successfully completes a program under such 66
DWI court or docket or other court-ordered treatment program. 67
4. If a person is found guilty of a second or 68
subsequent offense of driving while intoxicated, the court 69
may order the person to submit to a period of continuous 70
alcohol monitoring or verifiable breath alcohol testing 71
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performed a minimum of four times per day as a condition of 72
probation. 73
5. If a person is not granted a suspended imposition 74
of sentence for the reasons described in subsection 3 of 75
this section: 76
(1) If the individual operated the vehicle with 77
fifteen-hundredths to twenty-hundredths of one percent by 78
weight of alcohol in such person's blood, the required term 79
of imprisonment shall be not less than forty-eight hours; 80
(2) If the individual operated the vehicle with 81
greater than twenty-hundredths of one percent by weight of 82
alcohol in such person's blood, the required term of 83
imprisonment shall be not less than five days. 84
6. A person found guilty of the offense of driving 85
while intoxicated: 86
(1) As a prior offender, persistent offender, 87
aggravated offender, chronic offender, or habitual offender 88
shall not be granted a suspended imposition of sentence or 89
be sentenced to pay a fine in lieu of a term of 90
imprisonment, section 557.011 to the contrary 91
notwithstanding; 92
(2) As a prior offender shall not be granted parole or 93
probation until he or she has served a minimum of ten days 94
imprisonment: 95
(a) Unless as a condition of such parole or probation 96
such person performs at least thirty days of community 97
service under the supervision of the court in those 98
jurisdictions which have a recognized program for community 99
service; or 100
(b) The offender participates in and successfully 101
completes a program established under section 478.007 or 102
other court-ordered treatment program, if available, and as 103
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part of either program, the offender performs at least 104
thirty days of community service under the supervision of 105
the court; 106
(3) As a persistent offender shall not be eligible for 107
parole or probation until he or she has served a minimum of 108
thirty days imprisonment: 109
(a) Unless as a condition of such parole or probation 110
such person performs at least sixty days of community 111
service under the supervision of the court in those 112
jurisdictions which have a recognized program for community 113
service; or 114
(b) The offender participates in and successfully 115
completes a program established under section 478.007 or 116
other court-ordered treatment program, if available, and as 117
part of either program, the offender performs at least sixty 118
days of community service under the supervision of the court; 119
(4) As an aggravated offender shall not be eligible 120
for parole or probation until he or she has served a minimum 121
of sixty days imprisonment; and 122
(5) [As a chronic or habitual offender shall not be 123
eligible for parole or probation until he or she has served 124
a minimum of two years imprisonment; and 125
(6)] Any probation or parole granted under this 126
subsection may include a period of continuous alcohol 127
monitoring or verifiable breath alcohol testing performed a 128
minimum of four times per day. 129
578.425. Any person who is convicted of a felony which 1
is committed for the benefit of, at the direction of, or in 2
association with, any criminal street gang, with the purpose 3
to promote, further, or assist in any criminal conduct by 4
gang members, shall be punished in the following manner: 5
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(1) Any person who violates this section in the 6
commission of a felony shall, upon conviction of that 7
felony, in addition [and consecutive] to the punishment 8
prescribed for the felony of which he or she has been 9
convicted, be [punished by] guilty of an additional class E 10
felony under the terms of this section and be sentenced to a 11
term of [two] imprisonment not to exceed four years. If the 12
underlying felony is committed on the grounds of, or within 13
one thousand feet of a public or private elementary, 14
vocational, junior high or high school, the additional 15
conviction shall be considered a class D felony, punishable 16
by a term [shall be three] of imprisonment not to exceed 17
seven years; and 18
(2) Any person who violates this section in the 19
commission of a dangerous felony shall, upon conviction of 20
that dangerous felony, in addition [and consecutive] to the 21
punishment prescribed for the dangerous felony of which he 22
or she has been convicted, be [punished by] guilty of an 23
additional class D felony under the terms of this section 24
and be sentenced to a term of [five] imprisonment not to 25
exceed seven years. 26
[(3) Any person who violates this section in the 27
commission of a felony punishable by death or imprisonment 28
for life shall not be paroled until a minimum of fifteen 29
calendar years have been served.] 30
589.425. 1. A person commits the crime of failing to 1
register as a sex offender when the person is required to 2
register under sections 589.400 to 589.425 and fails to 3
comply with any requirement of sections 589.400 to 589.425. 4
Failing to register as a sex offender is a class E felony 5
unless the person is required to register based on having 6
committed an offense in chapter 566 which was an 7
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unclassified felony, a class A or B felony, or a felony 8
involving a child under the age of fourteen, in which case 9
it is a class D felony. 10
2. A person commits the crime of failing to register 11
as a sex offender as a second offense by failing to comply 12
with any requirement of sections 589.400 to 589.425 and he 13
or she has previously pled guilty to or has previously been 14
found guilty of failing to register as a sex offender. 15
Failing to register as a sex offender as a second offense is 16
a class E felony unless the person is required to register 17
based on having committed an offense in chapter 566, or an 18
offense in any other state or foreign country, or under 19
federal, tribal, or military jurisdiction, which if 20
committed in this state would be an offense under chapter 21
566 which was an unclassified felony, a class A or B felony, 22
or a felony involving a child under the age of fourteen, in 23
which case it is a class D felony. 24
3. (1) A person commits the crime of failing to 25
register as a sex offender as a third offense by failing to 26
meet the requirements of sections 589.400 to 589.425 and he 27
or she has, on two or more occasions, previously pled guilty 28
to or has previously been found guilty of failing to 29
register as a sex offender. Failing to register as a sex 30
offender as a third offense is a class A felony which shall 31
be punished by a term of imprisonment of not less than ten 32
years and not more than thirty years. 33
(2) No court may suspend the imposition or execution 34
of sentence of a person who pleads guilty to or is found 35
guilty of failing to register as a sex offender as a third 36
offense. No court may sentence such person to pay a fine in 37
lieu of a term of imprisonment. 38
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(3) [A person sentenced under this subsection shall 39
not be eligible for conditional release or parole until he 40
or she has served at least two years of imprisonment. 41
(4)] Upon release, an offender who has committed 42
failing to register as a sex offender as a third offense 43
shall be electronically monitored as a mandatory condition 44
of supervision. Electronic monitoring may be based on a 45
global positioning system or any other technology which 46
identifies and records the offender's location at all times. 47
622.470. Any person who shall willfully make any false 1
entry in the accounts, books of account, records, or 2
memoranda kept by any carrier, corporation, or person 3
governed by the provisions of this chapter, or who shall 4
willfully destroy, mutilate, alter, or by any other means or 5
device falsify the record of any such account, book of 6
accounts, record, or memoranda, or who shall willfully 7
neglect or fail to make full, true, and correct entries of 8
such account, book of accounts, record, or memoranda of all 9
facts and transactions appertaining to the business of such 10
carriers, corporations, or persons, or who shall falsely 11
make any statement required to be made to the division, for 12
which a penalty has not been provided, shall be deemed 13
guilty of a class E felony[,] and, upon conviction, shall be 14
punished by a fine of not less than one thousand dollars nor 15
more than five thousand dollars, or by imprisonment for a 16
term not [less] more than [two] four years [nor more than 17
five years], or by both such fine and imprisonment, except 18
that the division may, in its discretion, issue orders 19
specifying such operating, accounting or financial papers, 20
records, books, blanks, tickets, stubs, or documents, of 21
carriers which may after a reasonable time be destroyed, and 22
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prescribing the length of time such books, papers, or 23
documents shall be preserved. 24
643.250. 1. Any authorized representative of the 1
department may enter at all reasonable times, in or upon 2
public or private property for purposes required under 3
sections 643.225 to 643.250. In addition to any other 4
remedy provided by law, refusal to allow such entry shall be 5
grounds for revocation of registration or injunctive relief. 6
2. Any person who knowingly violates sections 643.225 7
to 643.250, or any rule promulgated thereunder, shall, upon 8
conviction, be punished by a fine of not less than [twenty- 9
five] two thousand five hundred dollars nor more than twenty- 10
five thousand dollars per day of violation, or by 11
imprisonment for a term not more than one year, or both. 12
Second and successive convictions of any person shall be 13
guilty of a class E felony and be punished by a fine of not 14
more than fifty thousand dollars per day of violation, or by 15
imprisonment for not more than [two] four years, or both. 16
3. Any person who violates any provision of sections 17
643.225 to 643.250 may, in addition to any other penalty 18
provided by law, incur a civil penalty in an amount not to 19
exceed ten thousand dollars for each day of violation. The 20
civil penalty shall be in an amount to constitute an actual 21
and substantial economic deterrent to the violation for 22
which the civil penalty is assessed. 23
4. Notwithstanding the existence or pursuit of any 24
other remedy provided by sections 643.225 to 643.250, the 25
commission may maintain, in the manner provided by chapter 26
536, an action in the name of the state of Missouri for 27
injunction or other process against any person to restrain 28
or prevent any violation of the provisions of sections 29
643.225 to 643.250. 30
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644.076. 1. It is unlawful for any person to cause or 1
permit any discharge of water contaminants from any water 2
contaminant or point source located in Missouri in violation 3
of sections 644.006 to 644.141, or any standard, rule, or 4
regulation promulgated by the commission. In the event the 5
commission or the director determines that any provision of 6
sections 644.006 to 644.141 or standard, rules, limitations, 7
or regulations promulgated pursuant thereto, or permits 8
issued by, or any final abatement order, other order, or 9
determination made by the commission or the director, or any 10
filing requirement pursuant to sections 644.006 to 644.141 11
or any other provision which this state is required to 12
enforce pursuant to any federal water pollution control act, 13
is being, was, or is in imminent danger of being violated, 14
the commission or director may cause to have instituted a 15
civil action in any court of competent jurisdiction for the 16
injunctive relief to prevent any such violation or further 17
violation or for the assessment of a penalty not to exceed 18
ten thousand dollars per day for each day, or part thereof, 19
the violation occurred and continues to occur, or both, as 20
the court deems proper. A civil monetary penalty pursuant 21
to this section shall not be assessed for a violation where 22
an administrative penalty was assessed pursuant to section 23
644.079. The commission, the chair of a watershed 24
district's board of trustees created under section 249.1150, 25
or the director may request either the attorney general or a 26
prosecuting attorney to bring any action authorized in this 27
section in the name of the people of the state of Missouri. 28
Suit may be brought in any county where the defendant's 29
principal place of business is located or where the water 30
contaminant or point source is located or was located at the 31
time the violation occurred. Any offer of settlement to 32
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resolve a civil penalty pursuant to this section shall be in 33
writing, shall state that an action for imposition of a 34
civil penalty may be initiated by the attorney general or a 35
prosecuting attorney representing the department pursuant to 36
this section, and shall identify any dollar amount as an 37
offer of settlement which shall be negotiated in good faith 38
through conference, conciliation, and persuasion. 39
2. Any person who knowingly makes any false statement, 40
representation, or certification in any application, record, 41
report, plan, or other document filed or required to be 42
maintained pursuant to sections 644.006 to 644.141 or who 43
falsifies, tampers with, or knowingly renders inaccurate any 44
monitoring device or method required to be maintained 45
pursuant to sections 644.006 to 644.141 shall, upon 46
conviction, be guilty of a class E felony and punished by a 47
fine of not more than ten thousand dollars, or by 48
imprisonment for not more than [six months] four years, or 49
by both. 50
3. Any person who willfully or negligently commits any 51
violation set forth pursuant to subsection 1 of this section 52
shall, upon conviction, be punished by a fine of not less 53
than two thousand five hundred dollars nor more than twenty- 54
five thousand dollars per day of violation, or by 55
imprisonment for not more than one year, or both. Second 56
and successive convictions for violation of the same 57
provision of this section by any person shall be punished by 58
a fine of not more than fifty thousand dollars per day of 59
violation, or by imprisonment for not more than two years, 60
or both. 61
4. The liabilities which shall be imposed pursuant to 62
any provision of sections 644.006 to 644.141 upon persons 63
violating the provisions of sections 644.006 to 644.141 or 64
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any standard, rule, limitation, or regulation adopted 65
pursuant thereto shall not be imposed due to any violation 66
caused by an act of God, war, strike, riot, or other 67
catastrophe. 68
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