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2013 Bills Criminal Defense Attorneys Have Tracked Signed By Governor

Posted by RCaldwell on July 16, 2013

Be up to date with the changing criminal laws.

 

HB 103 – SIGNED BY GOVERNOR

Allows the governing body of any state college or university to establish regulations to control vehicular traffic on campus. The regulations must be consistent with state law and must be printed and distributed for public use. College or university police officers have the authority to enforce the general motor vehicle laws of Missouri and the regulations adopted by the governing board.

Currently, if a city, town, or village receives more than 35% of its annual general operating revenue from traffic fines and court costs for traffic violations occurring on state highways within its jurisdiction, all revenues in excess of the 35% threshold must be sent to the Department of Revenue to be distributed annually to the schools of the county in the same manner as other penalty proceeds are distributed. The bill expands this requirement to include a county, reduces the threshold to more than 30%.

The bill increases the penalty for a moving violation or traffic offense occurring within an active emergency zone.

HB 215 – SIGNED BY GOVERNOR

The crimes of forcible rape and sexual assault are renamed first and second degree rape, the crimes of forcible sodomy and deviate sexual assault are renamed first and second degree sodomy, and the crimes of sexual abuse and first degree sexual misconduct are renamed first and second degree sexual abuse. Second and third degree sexual misconduct are renamed first and second degree sexual misconduct.

This act expands the utilization of electronic monitoring by allowing a person may be placed on electronic monitoring if the person can afford the costs or the county commission agrees to pay the costs of the monitoring from its general revenue.

Under current law, a court must place certain defendants who have violated the terms of probation in one of the Department of Corrections' 120-day programs before revoking probation. This act provides that a court may revoke a defendant's probation without placing the defendant in a 120-day program if the defendant consents to the revocation.

This act provides that restitution must be paid through the office of the prosecuting or circuit attorney. In addition, this act allows the prosecuting attorney who takes action to collect restitution to collect an administrative handling cost. In addition, a person may be required, as a condition of parole, to make restitution. This act expands the current restitution law so that it applies to any person found guilty of any offense and repeals the provisions requiring the restitution include repairs, towing, and storage fees. In addition, this act provides that a person must be required to make restitution as a condition of parole.

Under current law, a person commits the Class C felony of possession of child pornography if he or she possesses any child pornography or obscene material portraying what appears to be a minor. This act provides that possession of child pornography is a Class C felony if the person possesses one still image of child pornography or one obscene still image.

Makes numerous changes to the Public Defender System that were mostly supported by the Public Defender Commission

HB 301 – VETOED BY GOVERNOR

This bill changes the laws regarding certain sexual offenses, sexually violent offenders, prisoner re-entry program

HB 374 – SIGNED BY GOVERNOR

The Supreme Court must, by January 1, 2015, recommend the guidelines appropriate for use by the General Assembly in determining the need for additional judicial personnel or the reallocation of existing personnel and recommend appropriate guidelines for the evaluation of judicial performance including a judicial weighted workload model and a clerical weighted workload model. When the Office of the State Courts Administrator indicates an annual weighted workload model for three consecutive years or more shows the need for four or more full-time judicial positions in any judicial circuit having a population of 100,000 or more, there must be one additional associate circuit judge position in the circuit for every four full-time judicial positions needed.

Beginning in 2020, and every 20 years thereafter, within the first 10 days of the regular legislative session, this bill requires the judicial conference of the state of Missouri to submit to both houses of the General Assembly a circuit realignment plan for the alteration of the geographical boundaries and territorial jurisdiction of the circuit courts subject to the requirements in Article V of the Missouri Constitution.

This bill authorizes a circuit court or a combination of circuit courts to create a veterans treatment court.

Increases court reporter fees

HJR 16 –

GOES DIRECTLY TO THE NOVEMBER 2014 BALLOT

Upon voter approval, this proposed constitutional amendment allows relevant evidence of prior criminal acts, whether charged or uncharged, to be admissible in the prosecution for a crime of a sexual nature involving a victim less than 18 years of age for the purpose of corroborating the victim's testimony or demonstrating the defendant's propensity to commit the crime with which he or she is presently charged. The court may exclude relevant evidence of prior criminal acts if the probative value is substantially outweighed by the danger of unfair prejudice.

SB 23 – SIGNED BY GOVERNOR

This bill makes substantial changes to the laws regarding alcohol-related traffic offenses. Specifically granting under certain conditions re-instatement of driving privileges for certain offenders.

SB 36 – SIGNED BY GOVERNOR

This bill establishes Jonathan's Law, which requires a child to be convicted in a court of general jurisdiction in order for the jurisdiction of the juvenile court over that child to forever terminate for an act that would be a violation of a state law or municipal ordinance.

SB 73 – VETOED BY GOVERNOR (on account of another provision in the bill)

The bill authorizes a DWI court to utilize a court-approved private probation and parole service when the Division of Probation and Parole within the Department of Corrections is unavailable to assist in the judicial supervision of a person who wishes to enter a DWI court. If a private service is used, any and all additional necessary costs may be assessed against the participant. No person can be rejected from participating in DWI court because he or she does not reside in the city or county where the applicable DWI court is located.

SB 100 – SIGNED BY GOVERNOR

The bill authorizes a DWI court to utilize a court-approved private probation and parole service when the Division of Probation and Parole within the Department of Corrections is unavailable to assist in the judicial supervision of a person who wishes to enter a DWI court. If a private service is used, any and all additional necessary costs may be assessed against the participant. No person can be rejected from participating in DWI court because he or she does not reside in the city or county where the applicable DWI court is located.

Comments:

Posted by Dina on
, “either take this deal or we’ll disadmiss.” When the accused makes the chicoe not to plead guilty, he doesn’t know or conadtrol whether the State will back down. The accused has to apply the odds that he knows to the imperadfect inforadmaadtion that hea0has.Also, each person’s deciadsion affects the maradket. The more peoadple don’t plead guilty, the more often the State will have to back down. Each peradson who tells the State “no thanks” improves the odds not only for everyadone else but also for himself.
Posted by Thanura on
Mark, I honor you, Jenadnifer, and your coladleagues. After readading your Chron interadview this mornading, I can see you’re a man of integrity and high valadues. I agree that you and your coladleagues do VERY imporadtant work, and I eneyojd your conadcise reaadsonading about why that is. Hopeadfully, readaders will underadstand and peradhaps even agree. Keep up the good work!Warmly,Damian Duplechain
Posted by Zayn on
94.5%. That’s the fracadtion of the 713 peoadple in Haradris County whose cases were resolved in the first five mothns of this year after they refused to plead guilty who beat their cases—got them disadmissed or got acquitted.Where do you get this number?
Posted by Iker on
First things first. Get an atnertoy. A DWI can be very serious. It can mean a lot of fines, a lost driver's license, many evaluations and classes, probation that goes on for years, more costs, and of course jail. Do not do anything without an atnertoy.If you haven't found a lawyer yet, that may be a good reason for a continuance, but hurry up and get one. You have the right to an atnertoy, but if you can afford one and you choose not to hire one, that's your choice. If you cannot afford an atnertoy, and really most people can't, ask for a public defender. Find out if you can have a public atnertoy. Even though they can be very busy, they know the job, they specialize, and they're in the courtroom all the time. They also know the prosecutor best, which means they can negotiate best.Whether you can get a continuance of a hearing will be up to the judge. What is the hearing for? If it's for trial and a jury has been assembled, the judge will not be happy if you ask for a continuance. If it's a preliminary hearing and you have a good reason, it may be fine. If it's a post-conviction review hearing, you will probably need to provide a good reason. If your atnertoy isn't ready, that is usually a good reason, because you have a constitutional right to effective assistance of counsel. If you show up without an atnertoy, be very aware that you still have the right to remain silent. Do not talk about the facts of your case in the courtroom or they may be used against you. Simply tell the judge that your atnertoy is not there and you do not want to proceed without her. Actually your atnertoy should call ahead so they (the court and prosecutor) know that she won't be coming.
Posted by Kagiso on
Yes, he needs a layewr. Finding the right layewr usually isn't easy to do on your own. It takes some research. The best way is to talk to someone who knows a local layewr well and ask if he or she will ask that layewr for a recommendation. Also check for membership in the NACDL (National Association of Criminal Defense Lawyers) membership will show that, at least, the layewr has more than a slight interest in criminal cases. http://hesbwohdmcc.com [url=http://nzbkxclr.com]nzbkxclr[/url] [link=http://rptxubgaz.com]rptxubgaz[/link]
Posted by Dsfdfds on
Yes it will be on your records, this is a big fcialy about the fingerprints. Fingerprint records are just that, nothing but fingerprint records to prove your identitythe NCIC records are the records of all charges and convictions. So yes a DUI hat you pleaded no contest to will show up on your record.You may in some years come back and ask for it to be explunged. http://zmlonjjvjv.com [url=http://fyvuneirewr.com]fyvuneirewr[/url] [link=http://ufhgbtayawz.com]ufhgbtayawz[/link]
Posted by Darela on
yup. he might be a retired poilce officer but my mother is a detective for the city of san jose. i asked her about this specifically and she laughed and said hell yes.because the officer still has to file a poilce report for any stops he or she makes.
Posted by Vuqar on
The best thing to do is check with the district aerntoty's office to learn the type of charge it is and the status of the charges. The whole matter may have been determined to be dropped for prosecution and there may be nothing to worry about this long ago. http://rftbdhzie.com [url=http://bywmot.com]bywmot[/url] [link=http://uzuduo.com]uzuduo[/link]
Posted by Nick on
//இத ப ன ற அர த தம ள ள ச ற ர வ ர த த கள //ர ம ப அர த தம த ன ப ங க!இந த வ ர த த க க எங க பக கம பசங க வ வக ரம ன அர த தம ச ல வ ய ங ய..ம தல இரண ட எழ த த ம த த ப ப ட ங க..(ப யர வ த த ர க க ம நண பர மன ன ப ப ர க...)//ட ண ட ஸ ர ப ன ச ய த "ச ட ட ச ன டர எங க இர க க றத ?" என ற ர .//எங க இர க க ம ,ச ட ட க க ள ளத ன இர க க ம !//ம ட ய ல க ல வ த தப த த ன த ர ந தத அத Food Court Ground என ற ..//ஓ,இப ப இந த ய வ ல ம ஃப ட க ர ட ட கள வந த ச ச ????//ந ட டம வ ட டப த ட ண ட ஸ ர மட ட ம பள ச ச ன த ர ந த ர . //ஏன ஃப ள ரஸண ட ப ய ண ட அட ச ச ர ந த ர ??//சட ட ன ற ந ன வ ற க வர மற க க றத ..//ல ட ட ன மட ட ம வந த றவ ப க த !//இவரத ப யர மட ட ம த ன சட ட ன ற நம த ப யர ப ப ல மனத ல ஒட ட க க ண டத .//நம த ப யர மனச ட ஒட ட றத ல ல ய ,மனச வ ட பரந த ' வ ர ய றத ச ச !// அன ன க க ந ன ப ன பண ணண ம ன ந ன ச ச ன .. என ற ர .. ஏன பண ணவ ல ல என பதற க க ரணம ச ல வ ர என ற எத ர ப ர த த ன .. சட ட ன ற எஸ க ப ப க வ ட ட ர .//உபச ச ரம ச ல றத ல ல ம தப ப எட த த க ட ட இப பட த த ன !//அந தச சத தம ம என க த த த ட ல ச கத த ர ம ப ப ப ர த த ன . வழக கம ப ல நம ம ள த த த ட ட ன ..//இப ப த ப ப ன ;அப ப றம ப ப ப த ன !//ட ண ட ஸ ர , தன ன ட ய வயத க ற த த க க ட ட வ ண ட ஒர அட ய ளத த க க க ஹ ர ப ட டர ப த தகத த க க ய ட க ண ட வந த ர ந த ர .//எப பட ? ய ர வத ப க க றப ப ஹ ர ப ட டர ம கத த க க ம ன ன ல ப ட ச ச க க வ ர ?//எங க ப ன ல ம க ய ல ஒர ப த தகத த வ த த ர ப பத இவர ட ய வழக கம ம .//அத சர ,ஆன பட க க ற ர ம ??//எஸ கல ட டர ல ந ன அத கம ஏற யவன ல ல . க ஞ சம பயம த ன இன ன க க வர க க ம .//ஏன ,அத ம ட க க ப னத ம ம ட ல இறங க றல ம ?அப பட ய ம ல ய ப ய க ட ட ட வ இர க கப ப க த ??????//ப ச ச கள என அற வ க க அப ப ர ப பட டத க இர ந தத ல க ஞ ச ந ரம ம ளனம க இர ந த வ ட க க ப ர த த ன ..//ஏன ரஷ ய ம ழ ல ப ச ன ங கள ?//ப ச ச இப ப த வ ட ட வ டக , ந லம வ ங க வத என பதற க வர.. இப ப த ச ன ன ய ல 2000 ர ப ய வ டக க க ஒர கக க ஸ , ப த ர ம க ட க ட க க த .. என ற ன .. ///அத ல ம எத க க வ டக க க எட க கன ம ? 2 ர ப ய க ட த த ப ய ட ட வந த ர வ ண ட யத த ன ?//க ல ல ய ர ஏற ற ச ச ல ல எனத ம ர ச ட ஸ ப ன ஸ ற க க ட த த வ க கவ ல ல //ஏன ,அத வ ம த ல ஞ ச ப ச ச ??// அற வ எப பவ ம எனக க மட ட ம ல ட ட த த ன வ ல ச ய ய த .. //ஏன ,ஸ ட ர ட டர ப ய ட ச ச ? ச க நல ல த ன இர க க ..addtional starter ப ட ட ப ப ர ங கள ன ...//என ன ச ய யறத ..?//ஒண ண ம ச ய ய ம ட ய த ,இந த கம ண ட 'ட ல ல ம பட ச ச ச ர ங க....:)
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