Saturday, April 12, 2014

Senate advances measure to revise Missouri's Criminal Code

(From the Missouri Senate)

After more than three years of work in the General Assembly, the Missouri State Senate advanced a measure that will revise the state’s criminal code. The revision to more than 700 Missouri laws updates statutes, provides greater definition, and makes some punishments more consistent.

Senate Leader Tom Dempsey, R-St. Charles, said Senate Bill 491 is one of the strongest approaches to assault crimes in Missouri’s history.

“This bill promotes public safety,” said Dempsey. “The Senate took a lot of time vetting this legislation to make sure the changes would strengthen our assault penalties. This code will provide prosecutors with important tools as they seek to deliver swift justice to people who commit crimes against children.”

The Missouri criminal code was enacted in 1979, after a 10-year process initiated by then-Missouri Attorney General John C. Danforth. Over the past 30 years, the General Assembly has continued to amend, add or delete statutes, both inside and outside the code relating to crime and punishment. These individual changes have led to inconsistencies and confusion throughout the code. The revision enacts tougher penalties for violent criminals and realigns penalty provisions.

Bill sponsor, Minority Floor Leader Jolie Justus, D-Kansas City, said the changes specifically target those “repeat” and “persistent” offenders, enacting tougher penalties.

“The revision gets the right criminals off the streets and keeps them off the streets,” said Justus. “Prosecutors and defense attorneys have asked for these changes to give them more tools to process their cases.”

The criminal code revision will increase punishments on those who commit violent felonies on their second offense. Under the current law, penalties don’t increase until the third offense. Habitual drunk drivers will now be treated as dangerous felons under the revised code, and the maximum available sentence for an intoxicated driver who kills his or her passenger in a vehicle increases to 10 years.

“A clear, concise and updated criminal code promotes public safety, contributes to a strong, effective criminal justice system, and makes wise use of taxpayer dollars,” said Judiciary Chairman Sen. Bob Dixon, R-Springfield. “This was a monumental and necessary task, so we sought counsel and listened to input from every quarter.”

The bill passed by the Senate is the culmination of years of work done by The Missouri Bar Criminal Code Revision Subcommittee, which included judges, prosecutors, public defenders, lawmakers,
and members of the general public.

“This bill didn’t pass overnight,” said Majority Floor Leader Ron Richard, R-Joplin. “We took a lot of time on the floor to fully vet this bill. The Judiciary Committee held many hearings and worked with representatives on all sides to make sure these changes lead to a comprehensive criminal code that will strengthen the criminal justice system in Missouri.

Senate Bill 491 will now be sent to the House for consideration. To learn more about this bill and others, visit www.senate.mo.gov.

1 comment:

Anonymous said...

Let me say that protecting children, all children is crucial! But, I am amazed that we are not more proactive instead of reactive. It you truly want to protect children and teens it would behoove the schools and organizations to promote prevention of sexual abuse with school training programs like radKIDS. Now to sexual offenses. There are almost 200 "crimes" which are classified as sexual offenses across the nation. Why do we need more laws? There have been several stories of sexting stings in schools; not just in Missouri but other states. The question is why do we give them these devices...to fit in as parents. Why do they take nude or partially new pictures of themselves or allow other to do so.....to fit in. One counselor said there is NO device in her home that she doesn't have access to. If you are worried about invading your teen's privacy I think you already know that law enforcement will not hesitate to do so.

Back to the prevention aspect, why doesn't Missouri have diversion programs in place such as those for drug offenses? I think in a PEW Center readout a few years ago Missouri was told they spend too much money on the back side of parole and would save money if reversed. For those who don't know the U.S. has 5% of the world's population and 25% of the worlds' incarcerated and the private prison industry has driven that by requiring a state sign a contract to keep their beds 90% to 100% full.

Lastly, the Victim's Rights folks have made sure that victims have all the help they need and that is as it should be but, their lobbyist Ms. van Schenkhof is being given free rein in the Missouri legislature and it is time that our registrant families are heard and not just a courtesy session. When children are denied higher education opportunities because they have a Mom or Dad on the registry, when registrant families are denied the ability to live after their loved one has been adjudicated, paid their debt to society and are living a law-abiding life it is time to say enough is enough. Enough fear mongering by the media, enough knee-jerk legislation, enough posturing to change the Missouri Constitution to bring more folks on the public registry (ex post facto) for offenses from "30 years ago." It is destructive.

Vicki Henry
Women Against Registry