SPECIAL PROSECUTORS (Section 56.601)

This act provides that if the Governor determines that a threat to public safety and health exists in a jurisdiction that has a certain number of homicide cases as provided in the act, he or she may appoint a special prosecutor for that jurisdiction for a period of up to 5 years. The special prosecutor is not required to reside in the jurisdiction to which he or she was appointed.

Such special prosecutor shall have exclusive jurisdiction to initiate prosecutions for the offenses of murder in the first and second degree, assault in the first and second degree, robbery in the first or second degree, vehicle hijacking, and armed criminal action and offenses against law enforcement officers. The special prosecutor shall also have exclusive jurisdiction over all other charges stemming from the same criminal event as the initial offense and the circuit or prosecuting attorney shall withdraw from any such case where the special prosecutor has exclusive jurisdiction.

This act also provides that such special prosecutor shall have the same salary as an associate circuit judge and has the authority to hire additional special prosecuting attorneys and staff which shall be funded by General Revenue.

Finally, the Governor may continue to appoint such special prosecutor for additional 5 year terms, as provided in the act.

This provision is identical to a provision in SCS/SB 502 (2023) and substantially similar to provisions in SS/SCS/HCS/HB 301 (2023) and similar to SB 575 (2023).

JURISDICTION OF JUVENILE COURTS (Section 211.031)

Under current law, the juvenile court shall have exclusive original jurisdiction in proceedings involving a juvenile who violated a state law and jurisdiction in those cases may be taken by the court of the circuit in which the child resides or in which the violation is alleged to have occurred.

This act provides that any proceeding involving a child who is alleged to have violated state law shall be brought in the court of the circuit in which the violation occurred, except if a juvenile officer transfers the case or the court grants a motion to transfer the case to the circuit court in which the child resides.

These provisions are identical to provisions in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and SCS/SBs 406 & 423 (2023).

JUVENILE RISK AND NEEDS ASSESSMENTS (Section 211.141)

This act provides that when a juvenile officer makes a risk and needs assessment of a child, he or she shall use a cumulative total of points assessed for all alleged offenses committed to determine whether or not the court shall order the child to be detained.

This provision is identical to provisions in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and SCS/SB 502 (2023).

ARRESTS FOR TRAFFIC VIOLATIONS (Sections 307.018 and 556.021)

This act provides that no court shall issue a warrant of arrest for a person's failure to respond, pay the fine assessed, or appear in court with respect to a traffic violation issued for an infraction. In lieu of the warrant, the court shall issue a notice of failure to respond, pay the fine assessed, or appear, and the court shall schedule a second court date for the person to respond, pay the fine assessed, or appear. If the driver fails to respond to the second notice or the pay the fine, the court may issue a default judgment for the infraction. The driver may appear in court after a default judgment to show proof the fine was paid.

This provision is identical to a provision in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and similar to a provision in HCS/SS/SCS/SB 72 (2023), HCS/SS#3/SB 22 (2023), HB 305 (2023), and HS/HCS/HBs 1108 & 1181 (2023).

MOTION TO VACATE OR SET ASIDE THE JUDGMENT (Section 547.031)

Under current law, a prosecuting attorney may file a motion to vacate or set aside the judgment in the jurisdiction in which the person was convicted. This act changes this provision to the jurisdiction in which charges were filed.

This provision is identical to a provision in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and SS/SCS/HCS/HB 301 (2023).

OFFENSES AGAINST PUBLIC ORDER (Sections 556.061, 558.019, 574.010, 574.040, 574.050, 574.060, & 574.070)

This act adds the offense of rioting to the definition of "dangerous felonies" in the criminal code.

This act also adds the offenses of unlawful assembly, rioting, and refusal to disperse as offenses subject to certain minimum prison terms as provided in current law.

Additionally, this act changes the penalty for the offense of peace disturbance from a class B misdemeanor to a class A misdemeanor for the first offense, and from a class A misdemeanor to a class E felony for subsequent offenses.

This act changes the penalty for the offense of unlawful assembly from a class B misdemeanor to a class A misdemeanor. This act also modifies the offense of rioting to provide that a person commits the offense if a person knowingly assembles with six or more people and violates any criminal laws. This offense shall be a class D felony, rather than a class A misdemeanor, for the first offense and a class C felony for subsequent offenses.

Finally, this act changes the penalty for the offense of refusal to disperse from a class C misdemeanor to a class A misdemeanor and changes the penalty for the offense of promoting civil disorder from a class D felony to a class C felony.

These provisions are identical to provisions in SCS/SB 502 (2023) and SB 684 (2023).

PERSISTENT OFFENDERS (Section 558.016)

Under current law, the court may sentence a person to an extended term of imprisonment if such person is a persistent offender. This act adds that a "persistent offender" shall also include a person who has been found guilty of a dangerous felony as defined in law.

This provisions is identical to a provision in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and to a provision in SCS/SB 502 (2023) and SS/SCS/HCS/HB 301 (2023).

MINIMUM PRISON TERMS FOR ARMED CRIMINAL ACTION (Sections 558.019 & 571.015)

Under current law, certain offenses are excluded from minimum prison terms for offenders who also have prior felony convictions. This act repeals the exclusion of the offense of armed criminal action.

This act also modifies the minimum prison terms for the offense of armed criminal action. For a person convicted of a first offense of armed criminal action, the term of imprisonment shall be no less than 3 years. For a person convicted of a second offense of armed criminal action, the term of imprisonment shall be no less than 5 years. Additionally, this act provides that a person convicted of armed criminal action shall not be eligible for probation, conditional release, or suspended imposition or execution of sentence; however, the person shall be eligible for parole.

This provision is identical to a provision in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and SCS/SB 502 (2023).

CYBER CRIMES TASK FORCE (Section 565.258)

This act creates the "Stop Cyberstalking and Harassment Task Force" with membership as provided in the act. The Task Force shall elect a chairperson and shall hold an initial meeting before October 1, 2024.

The Task Force shall collect feedback from stakeholders, which may include victims, law enforcement, victim advocates, and digital evidence and forensics experts. The Task Force shall make recommendations on what resources and tools are needed to stop cyberstalking and harassment, as provided in the act.

The Task Force shall submit a report to the Governor and General Assembly on or before December 31 of each year and the Task Force shall expire on December 31, 2026, unless the Department of Public Safety determines the Task Force should be extended until December 31, 2028.

This provision is identical to SB 1070 (2024) and to provisions in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), and SB 660 (2023).

OFFENSE OF ENDANGERING THE WELFARE OF A CHILD (Section 568.045)

This act adds to the offense of endangering the welfare of a child in the first degree that any person who knowingly encourages or aids a child less than 17 to engage in any conduct violating law relating to firearms shall be guilty of a class D felony.

This act contains an emergency clause.

This provision is identical to provisions in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and SB 405 (2023) and HB 11 (2020).

OFFENSE OF UNLAWFUL POSSESSION OF FIREARMS (Section 571.070)

Under current law, unlawful possession of a firearm is a class D felony, unless a person has been convicted of a dangerous felony then it is a class C felony.

This act changes the penalty for the offense to a class C felony, unless a person has been convicted of a dangerous felony or the person has a prior conviction for unlawful possession of a firearm, then it is a class B felony.

This provision is identical to a provision in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and SCS/SB 502 (2023) and substantially similar to SB 850 (2022).

OFFENSE OF DELIVERY OF A CONTROLLED SUBSTANCE (Sections 579.021 & 579.022)

This act creates the offenses of delivery of a controlled substance causing serious physical injury which shall be a class C felony. This act also creates the offense of delivery of a controlled substance causing death which shall be a class A felony.

These provisions are identical to provisions in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and HS/HCS/HBs 1108 & 1181 (2023).

CIVILIAN REVIEW BOARDS (Section 590.653)

This act provides that civilian review boards established by political subdivisions shall solely be limited to reviewing, investigating, making findings and recommending disciplinary action against law enforcement officers.

This provision is identical to SB 800 (2024) and a provision in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and similar to a provision in SCS/HCS/HBs 640 & 729 (2023).

MARY GRACE PRINGLE