Signed by Governor Mike Parson

Vote Smart's Synopsis:

Vote to pass a bill that expands provisions relating to dangerous felonies, including establishing a vehicle hijacking offense and defining street gangs, among other provisions.

Highlights:

• Specifies that if 2 or more defendants are charged with being joint participants in a conspiracy it shall be presumed there is no substantial prejudice from them being charged in the same indictment or information or from them being tried together (Sec. A).

• Amends the definition of “dangerous felony” to include armed criminal action, conspiracy to commit an offense when the offense is a dangerous felony, vehicle hijacking when punished as a class A felony (Sec. A).

• Specifies that any individual guilty of the following offenses shall not be eligible for probation, suspended imposition or execution of sentence, or conditional release (Sec. A):

• Second degree murder when an individual knowingly causes the death of another;

• Any dangerous felony where the individual has previously been found guilty of a class A or B or dangerous felony; or

• Any dangerous felony that involves the use of a deadly weapon.

• Specifies that an individual shall have committed the offense of vehicle hijacking when they knowingly use or threaten the use of physical force upon another individual to seize possession or control of a vehicle (Sec. A).

• Establishes the offense of vehicle hijacking as a class B felony unless under the following circumstances which will result in a class A felony (Sec. A):

• In the course of the offense, another participant in the offense causes serious physical injury to any individual in immediate possession control or presence of the vehicle;

• Is armed with a deadly weapon;

• Uses or threatens the immediate use of a dangerous instrument against any individual;

• Displays or threatens the use of what appears to be a deadly weapon or dangerous instrument; or

• Seizes a vehicle, or attempts to seize a vehicle in which a child or special victim is present.

• Requires that any individual that commits a felony with a dangerous instrument or weapon shall serve a sentence between 3 and 15 years unless the individual unlawfully possessed a firearm in which case will result in a prison sentence of not less than 5 years (Sec. A).

• Requires that any individual that commits a subsequent felony with a dangerous instrument or weapon shall serve a sentence between 5 and 30 years unless the individual unlawfully possessed a firearm in which case will result in a prison sentence of not less than 15 years (Sec. A).

Full Bill Text