May 22, 2013

Criminal code revision dies in last days of legislative session (AUDIO)

The leader of the state Senate says a thousand-page bill is just too much to be digested before the legislative session ends, a decision that ends hopes that Missouri’s criminal laws will be brought up to date this year.

The criminal code revision bill in the last two weeks has been all but given up for dead, then given a big boost, then faced a dim future, then faced a hopeful one, and now, is doomed for the year.

Senate leader Tom Dempsey says he had hoped to get the bill in front of the Senate  just to start going through it.  But he says the final four days of the session are not the time tackle a project that big.  Sponsor Jolie Justus of Kansas City wishes the situation was different, but says she understands why some people might be nervous about a bill that large.

Dempsey is afraid that some unintended things might happen if lawmakers rush  to pass the big bill under the pressure of time and the need to pass other bills.  He recalls the legislature inadvertently legalized rape several years ago when it didn’t pay close enough attention to a crime bill it passed.

Both Justus and Dempsey say the bill will be one of the first to be acted upon next year.

AUDIO: Justus interview (2:21)

AUDIO: Dempsey interview (2:00)

 

Cattle theft becomes a growing problem in southwest Missouri (AUDIO)

Law enforcement officials say cattle theft is on the rise. A livestock specialist with the University of Missouri says Southwest Missouri continues to be a growing problem.

Livestock specialist Eldon Cole with the University of Missouri Extension says that cattle theft in areas between Joplin and Springfield is a big problem — and only getting worse.

He says most thieves snatch the animals in the middle of the night with a motive for money and profit. Cole says most cattle thieves are after feeding cattle that weigh between 500 to 750 pounds and are valued at a minimum of $800.

“Cattle being at a pretty decent price right now, with a little bit of effort, they seem to be able to pick up between 12 to 15 heads (of cattle) whenever they strike,” Cole said.

Cole says within the last year, cattle theft has seemed to ramp up, even in other states.

“Primarily to the west of Missouri, and here it seems to be a little bit more of a hot spot than in some of these others,” he said. “Some of the other states have lost significant numbers more so than we have from any one group.”

He adds that cattle industry experts in Southwest Missouri say there has been nearly 1,000 cattle stolen from their owners in the past 12 to 15 months.

AUDIO: Mary Farucci reports. (1:10)

Missouri law enforcement officer deaths on the decline (AUDIO)

The number of Missouri law enforcement officers killed in the line of duty is on the decline.

President of the Missouri Fraternal Order of Police Kevin Ahlbrand says last year, there was only one officer killed in the line of duty, and this year there has been one killed to date. Ahlbrand says typically, Missouri has an average of three to five deaths per year.

He says since 1910, there has been at least one law enforcement officer killed in any given year, but the goal is to ultimately bring that number down to zero.

“This year, we’ve had one line-of-duty death and that was Detective Christopher Simpson from the Chesterfield Police Department,” he said. “He died in February and he died as a result of suffering a heart attack.”

He says officers getting the proper training proper training will also contribute to the reduction of on-duty casualties

“Driver training has pretty much become much more in the forefront of law enforcement in Missouri,” Ahlbrand said. “We’re hopeful and we think that has made a difference. As far as other training for other officers killed by suspects, training has ramped up in that area also.”

Right now, he said, Missouri ranks ninth nationwide in the total number of law enforcement officers killed in the line of duty.

In 2013, Washington County Sheriff’s Deputy Chris Parsons was killed while serving. In December, Parsons was helping load a woman into an ambulance when witnesses say the woman’s son came out of the home and shot Parsons, killing him.

An annual ceremony at the Capitol over the weekend honored Parsons, adding him to the memorial on a wall for fallen law enforcement officers. The memorial is located on the north side of the Capitol, overlooking the Missouri River.

State officials and fellow law enforcement officers from throughout the state joined family members to pay respects.

Gov. Jay Nixon and Attorney General Chris Koster were among those who placed white carnations in a single wreath to honor all of those who have died while protecting and serving.

“It’s just a constant reminder of how dangerous it is out there on the streets and how dangerous it is for our folks in uniform,” Nixon said. “It’s a constant reminder each year of how we need to thank them for what they do.”

 

AUDIO: Mary Farucci reports. (1:00)

Missouri Kids First won’t support bill that makes changes to sex offender registry (AUDIO)

Legislators have been working for several years on restructuring the state’s sex offender registry, saying it’s unnecessarily penalizing many people who are not a risk to society. One group speaking out against a bill that’s been taken up and passed by the House is Missouri Kids First.

“With the sex off registry, our opinion of Rep. Hinson’s bill is that it just goes too far,” says spokeswoman Emily Van Schenkof. “It goes too far and there are actually a number of troubling elements in it. We really recognize that there are some people on the sex offender registry that don’t belong it … my concern is that … this bill goes really far in letting a lot of people off that list who really are absolutely a public safety risk.”

She adds that the bill relies heavily on risk assessment in determining whether someone can have their name and information taken off the publicly accessed registry. She says risk assessment can be a useful tool in determining whether someone will re-offend, but she says it’s not fool-proof.

Rep. Dave Hinson of Washington’s bill would exclude from the sex offender registry website the names and information of juveniles, first-time offenders who commit felonious restraint or kidnapping of a nonsexual nature, and those under federal protection. The bill has been sent to the Senate, where it has not been placed on the calendar for debate.

“I have a bit of frustration with this bill, bc there’s a way to do this that addresses legitimate public policy concerns but also protects the public safety and safety of our children,” she says, “and this bill just doesn’t do it so I’m puzzled as to why this bill has moved through the House.”

Missouri Kids First and the Missouri Coalition Against Domestic and Sexual Violence both supported a different measure in the House, Van Schenkof says, which was sponsored by Rep. Don Phillips of Kimberling City.

 

“Rep. Don Phillip’s bill passed out of the Rules Committee,” she says, “but the house chose not to take up this bill and took up Rep. Hinson’s bill instead. Rep. Phillips spent about three years to come up with a sex off bill that people could live with … it has the support of MCADSV, it has the support of my group, it was federally compliant; the problem is was that sex offenders didn’t like it.”

Hinson’s bill would require that a public website include only the names and information for sexual offenders who are unclassified or Tier III offenders. The names and information of Offenders Pending Classification, Tier I, and Tier II offenders would not be on the public website. Those offenders would be on a separate list available only to law enforcement agencies.

The measure would exempt from the registry those convicted of second- or third-degree sexual misconduct, first- and second-degree promoting obscenity, furnishing pornographic material to minors, public display of explicit sexual material, coercing acceptance of obscene material, non-sexual child abuse, felonious restraint or kidnapping of a nonsexual nature when the victim was a child and the offender was the parent or guardian, and a sexual offense involving sexual conduct where no force or threat of force was directed toward the victim and the victim was an adult, unless under the custodial authority of the offender or the victim was 18 years of age or younger and the offender was no more than five years older than the victim at the time of the offense.

The bill would also changes the victim’s age from 13 to 12 years of age or older for an offender to be eligible after two years to file a petition for removal from the registry. Currently, an offender who was 19 years of age or younger at the time of the offense and the victim was 13 years of age or older at the time of the offense and non-physical force or threat of physical force was used in the commission of the offense, may file a petition after two years for removal from the registry.

 

The State Highway Patrol maintains the public sex offender registry. There are 13,352 active offenders on the list, 2,539 serving prison sentences, and 438 who were previously exempt from registering. View the list HERE.

AUDIO: Jessica Machetta reports (1:28)

Criminal code rewrite still has a chance (AUDIO)

A two-year project to rewrite Missouri’s entire list of criminal laws is on the verge of approval at the capitol.  The 1,000-page bill proposes to realign a criminal code that has become jumbled  during the 35 years since the last rewrite as new crimes have been defined with new punishments and added to the books in a disorganized way.

Kansas City Senator Jolie Justus has been working on the rewrite for more than two years.  “The biggest impact in this bill is the creation of a new felony class,” she says, “What we’re going to see is a shift in what sentencing is available for the different classes of felonies.”  Justus says prosecutors and public defenders alike have asked for the change that gives them more flexibility to process their cases.

The House passed the big bill in about ten minutes last week, a welcome surprise to Justus who had almost resigned herself to waiting until next year.  

The criminal code was last rewritten and reorganized in the late 1970s.  The only other time that’s been done was in the late 1830s.  

AUDIO: Justus interview 4:34