SB 590 ─ FIRST DEGREE MURDER
Under current law, offenders who were under the age of 18 at the time they committed first degree murder must be sentenced to life imprisonment without eligibility for probation, parole, or conditional release. In June 2012, the U.S. Supreme Court in Miller v. Alabama held that mandatory life sentences without parole for juvenile criminal offenders are unconstitutional. As a result, this act repeals the mandatory life sentence. Such person may now be sentenced to life without eligibility for parole, life with eligibility for parole, or a term of imprisonment at least 30 years and not more than 40 years (Sections 558.047, 565.020, 565.030, 565.032, 565.033, 565.034, and 565.040 RSMo.). These provisions have an emergency clause and are currently in effect.
SB 624 ─ STEALING
Under this act, it is a Class B felony to physically take or attempt to take property from a person when the property is owned by or in the custody of a financial institution. Financial institution is defined as a bank, trust company, savings and loan association, or credit union (Sections 570.010, 570.030 RSMo.).
FRAUDULENT PROCUREMENT OF A CREDIT OR DEBIT DEVICE
Currently, possession of a cloned credit device in itself may not be illegal. This provision adds knowing possession as a stand-alone element to the crime of fraudulent procurement of a credit or debit device, a class A misdemeanor. Under current law, business entities must not be held liable for accepting fraudulent applications for credit or debit devices or using fraudulent credit or debit devices in transactions without clear and convincing evidence that the business conspired with the fraudulent procuring of the credit or debit devices. This act clarifies that such entities must not be held criminally liable without such evidence. This provision takes effect January 1, 2017. (Section 570.135 RSMo.)
SB 657 ─ IGNITION INTERLOCK DEVICES
This act allows any person who is required to have an ignition interlock device installed on such person's vehicle due to committing certain intoxication-related traffic offenses to apply to the court for a variance to drive an employer-owned vehicle without such device. Such exemption shall not apply in certain situations, and such person shall not drive such employer-owned vehicle with certain passengers or for personal use (Sections 302.440, 302.441 RSMo.).
SB 732 ̶ PUBLIC SAFETY
MANDATED REPORTERS OF ELDER ABUSE
Under current law, certain individuals are required to report incidents of elder abuse to the Department of Health and Senior Services. This act adds first responders, as defined in the act, to the list of mandated reports. (Sections 192.2400, 192.2405, and 192.2475 RSMo.)
DUTY TO OBEY FIREFIGHTERS
Under current law, it is a class A misdemeanor to willfully fail or refuse to obey signals or directions or willfully resist or oppose a law enforcement officer in the proper discharge of his or her duties. This act includes firefighters in that crime. (Section 575.145 RSMo.)
MOBILE VIDEO RECORDINGS
Mobile video recordings from a law enforcement vehicle or a device carried by a law enforcement officer that includes a camera and recording capability are considered a closed record until the investigation becomes inactive. A mobile video recording in a nonpublic location may be closed, except that any person depicted in the recording or certain other persons may obtain a complete, unaltered, and unedited copy of the recording upon written request. The act adds legal guardians or parents of a minor as being able to obtain closed investigative or mobile video records in the same way that any person could obtain such records. (Section 610.100 RSMo.)
CRIME SCENE PHOTOS
The act further inserts new provisions to the Sunshine Law relating to crime scene photographs and video recordings. Under this provision, certain crime scene photographs or video recordings, including those produced by a state or local agency or by a perpetrator or suspect at a crime scene, shall be considered closed records and not subject to disclosure under the open meetings and records law, commonly known as the sunshine law. The provisions of this amendment shall not prohibit disclosure of the material to the deceased's next of kin or to an individual who has secured a written release from the next of kin. (Section 610.205 RSMo.)
The director of the Department of Public Safety must establish rules governing the viewing of the materials by the press.
The Missouri State Highway Patrol reminds the public that Senate Bill 491, from the 2014 Legislative Session, takes effect on January 1, 2017.
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