Missouri HB 1506: Modifies provisions relating to minimum prison terms

Bill Text

FIRST REGULAR SESSION
HOUSE BILL NO. 1506
103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE LOY.
3102H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
To repeal sections 217.760 and 558.019, RSMo, and to enact in lieu thereof two new sections
relating to minimum prison terms.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 217.760 and 558.019, RSMo, are repealed and two new sections
2 enacted in lieu thereof, to be known as sections 217.760 and 558.019, to read as follows:
217.760. 1. In all felony cases and class A misdemeanor cases, the basis of which
2 misdemeanor cases are contained in chapters 565 and 566 and section 577.023, at the request
3 of a circuit judge of any circuit court, the division of probation and parole shall assign one or
4 more state probation and parole officers to make an investigation of the person convicted of
5 the crime or offense before sentence is imposed. In all felony cases in which the
6 recommended sentence established by the sentencing advisory commission pursuant to
7 subsection [7] 6 of section 558.019 includes probation but the recommendation of the
8 prosecuting attorney or circuit attorney does not include probation, the division of probation
9 and parole shall, prior to sentencing, provide the judge with a report on available alternatives
10 to incarceration. If a presentence investigation report is completed then the available
11 alternatives shall be included in the presentence investigation report.
12 2. The report of the presentence investigation or preparole investigation shall contain
13 any prior criminal record of the defendant and such information about his or her
14 characteristics, his or her financial condition, his or her social history, the circumstances
15 affecting his or her behavior as may be helpful in imposing sentence or in granting probation
16 or in the correctional treatment of the defendant, information concerning the impact of the
17 crime upon the victim, the recommended sentence established by the sentencing advisory
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

18 commission and available alternatives to incarceration including opportunities for restorative
19 justice, as well as a recommendation by the probation and parole officer. The officer shall
20 secure such other information as may be required by the court and, whenever it is practicable
21 and needed, such investigation shall include a physical and mental examination of the
22 defendant.
558.019. 1. This section shall not be construed to affect the powers of the governor
2 under Article IV, Section 7, of the Missouri Constitution. This statute shall not affect those
3 provisions of section 565.020 or section 566.125, which set minimum terms of sentences, or
4 the provisions of section 559.115, relating to probation.
5 2. [The provisions of subsections 2 to 5 of this section shall only be applicable to the
6 offenses contained in sections 565.021, 565.023, 565.024, 565.027, 565.050, 565.052,
7 565.054, 565.072, 565.073, 565.074, 565.090, 565.110, 565.115, 565.120, 565.153, 565.156,
8 565.225, 565.300, 566.030, 566.031, 566.032, 566.034, 566.060, 566.061, 566.062, 566.064,
9 566.067, 566.068, 566.069, 566.071, 566.083, 566.086, 566.100, 566.101, 566.103, 566.111,
10 566.115, 566.145, 566.151, 566.153, 566.203, 566.206, 566.209, 566.210, 566.211, 566.215,
11 568.030, 568.045, 568.060, 568.065, 568.175, 569.040, 569.160, 570.023, 570.025, 570.030
12 when punished as a class A, B, or C felony, 570.145 when punished as a class A or B felony,
13 570.223 when punished as a class B or C felony, 571.020, 571.030, 571.070, 573.023,
14 573.025, 573.035, 573.037, 573.200, 573.205, 574.070, 574.080, 574.115, 575.030, 575.150,
15 575.153, 575.155, 575.157, 575.200 when punished as a class A felony, 575.210, 575.230
16 when punished as a class B felony, 575.240 when punished as a class B felony, 576.070,
17 576.080, 577.010, 577.013, 577.078, 577.703, 577.706, 579.065, and 579.068 when punished
18 as a class A or B felony. For the purposes of this section, "prison commitment" means and is
19 the receipt by the department of corrections of an offender after sentencing. For purposes of
20 this section, prior prison commitments to the department of corrections shall not include an
21 offender's first incarceration prior to release on probation under section 217.362 or 559.115.]
22 Otherprovisionsofthelawtothecontrarynotwithstanding,anyoffenderwhohasbeenfound
23 guilty after August 28, 2025, of a felony other than a dangerous felony as defined in section
24 556.061 and is committed to the department of corrections shall be required to serve the
25 following minimum prison terms:
26 (1) If the offender has [one] no previous [prison commitment to the department of
27 corrections for a felony offense] convic