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Missouri Senate Bill SB318

Missouri 2025 Regular Session

Missouri Senate Bill SB318 Compare Versions

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1-1001S.03C
2- 1
3-SENATE COMMITTEE SUBSTITUTE
4-FOR
1+
2+EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3+and is intended to be omitted in the law.
4+FIRST REGULAR SESSION
55 SENATE BILL NO. 318
6+103RD GENERAL ASSEMBLY
7+INTRODUCED BY SENATOR SCHROER.
8+1001S.01I KRISTINA MARTIN, Secretary
69 AN ACT
7-To repeal sections 569.170 and 570.030, RSMo, and to
8-enact in lieu thereof three new sections relating to
9-offenses involving property, with penalty provisions.
10+To repeal section 570.030, RSMo, and to enact in lieu thereof three new sections relating to
11+offenses involving retail establishments, with penalty provisions.
1012
1113 Be it enacted by the General Assembly of the State of Missouri, as follows:
12- Section A. Sections 569.170 and 570.030, RSMo, are
13-repealed and three new sections enacted in lieu thereof, to be
14-known as sections 569.151, 569.170, and 570.030, to read as
15-follows:
16- 569.151. 1. A person commits the offense of trespass
17-in the third degree if he or she enters a retail
18-establishment or similar public place with the primary
19-purpose of:
20- (1) Engaging in tumultuous or violent conduct causing
21-damage to property;
22- (2) Disrupting lawful commerce in such retail
23-establishment or similar public place;
24- (3) Creating the danger of serious physical injury to
25-persons; or
26- (4) Threatening or adversely affecting the health or
27-physical well-being of any individual located in or around
28-such retail establishment or simi lar public place.
29- 2. A person commits the offense of trespass in the
30-third degree if he or she, either individually or as part of
31-an organized campaign, sponsors, promotes, or assists in the
32-conduct made unlawful under subsection 1 of this section .
33- 3. The offense of trespass in the third degree is a
34-class B misdemeanor. If it is shown that an organized
35-campaign sponsored, promoted, or assisted in any conduct in
36- 2
37-violation of this section, in addition to the penalty
38-imposed under this sect ion, the organized campaign may be
39-required to pay a civil fine not to exceed five thousand
40-dollars.
41- 569.170. 1. A person commits the offense of burglary
42-in the second degree when he or she knowingly enters
43-unlawfully or knowingly rem ains unlawfully in:
44- (1) A building or inhabitable structure for the
45-purpose of committing a crime therein ; or
46- (2) A restricted area of a commercial business for the
47-purpose of committing a crime and the restricted area is:
48- (a) Commonly reserved for personnel of the commercial
49-business where money or other property is kept; or
50- (b) Clearly marked with a sign or signs that indicate
51-to the public that entry is forbidden .
52- 2. (1) The offense of burglary in the second degree
53-committed under subdivision (1) of subsection 1 of this
54-section is a class D felony.
55- (2) The offense of burglary in the second degree
56-committed under subdivision (2) of subsection 1 of this
57-section is a class B misdemeanor unless committed as a
58-second or subsequent violation of subdivision (2) of
59-subsection 1 of this section in which case it is a class A
60-misdemeanor.
61- 570.030. 1. A person commits the offense of stealing
62-if he or she:
63- (1) Appropriates property or services of another with
64-the purpose to deprive him or her thereof, either without
65-his or her consent or by means of deceit or coercion;
66- (2) Attempts to appropriate anhydrous ammonia or
67-liquid nitrogen of another with the purpose to deprive him
68-or her thereof, either without his or her consent or by
69-means of deceit or coercion; or
70- 3
71- (3) For the purpose of depriving the owner of a lawful
72-interest therein, receives, retains or disposes of property
73-of another knowing that it has been stolen, or believing
74-that it has been stolen.
75- 2. The offense of stealing is a class A felony if the
76-property appropriated consists of any of the following
77-containing any amount of anhydrous ammonia: a tank truck,
78-tank trailer, rail tank car, bulk storage tank, fiel d nurse,
79-field tank or field applicator.
80- 3. The offense of stealing is a class B felony if:
81- (1) The property appropriated or attempted to be
82-appropriated consists of any amount of anhydrous ammonia or
83-liquid nitrogen;
84- (2) The property consists of any animal considered
85-livestock as the term livestock is defined in section
86-144.010, or any captive wildlife held under permit issued by
87-the conservation commission, and the value of the animal or
88-animals appropriated exceeds three thousand dollars and that
89-person has previously been found guilty of appropriating any
90-animal considered livestock or captive wildlife held under
91-permit issued by the conservation commission.
92-Notwithstanding any provision of law to the contrary, such
93-person shall serve a minimum prison term of not less than
94-eighty percent of his or her sentence before he or she is
95-eligible for probation, parole, conditional release, or
96-other early release by the department of corrections;
97- (3) A person appropriates pr operty consisting of a
98-motor vehicle, watercraft, or aircraft, and that person has
99-previously been found guilty of two stealing -related
100-offenses committed on two separate occasions where such
101-offenses occurred within ten years of the date of occurrence
102-of the present offense;
103- 4
104- (4) The property appropriated or attempted to be
105-appropriated consists of any animal considered livestock as
106-the term is defined in section 144.010 if the value of the
107-livestock exceeds ten thousand dollars; [or]
108- (5) The property appropriated or attempted to be
109-appropriated is owned by or in the custody of a financial
110-institution and the property is taken or attempted to be
111-taken physically from an individual person to deprive the
112-owner or custodian of the proper ty; or
113- (6) The person appropriates property, the person's
114-course of conduct is part of an organized retail theft, and
115-the value of the property taken, combined with any property
116-damage inflicted in such theft, is ten thousand dollars or
117-more.
118- 4. The offense of stealing is a class C felony if :
119- (1) The value of the property or services appropriated
120-is twenty-five thousand dollars or more ; or
121- (2) The property is a teller machine or the contents
122-of a teller machine, including cas h, regardless of the value
123-or amount; or
124- (3) The person appropriates property, the person's
125-course of conduct is part of an organized retail theft, and
126-the value of the property taken, combined with any property
127-damage inflicted in such theft, is seven hundred fifty
128-dollars or more but less than ten thousand dollars .
129- 5. The offense of stealing is a class D felony if:
130- (1) The value of the property or services appropriated
131-is seven hundred fifty dollars or more;
132- (2) The offender physically takes the property
133-appropriated from the person of the victim; or
134- (3) The property appropriated consists of:
135- (a) Any motor vehicle, watercraft or aircraft;
136- 5
137- (b) Any will or unrecorded deed affecting real
138-property;
139- (c) Any credit device, debit device or letter of
140-credit;
141- (d) Any firearms;
142- (e) Any explosive weapon as defined in section 571.010;
143- (f) Any United States national flag designed, intended
144-and used for display on buildings or stationary flagst affs
145-in the open;
146- (g) Any original copy of an act, bill or resolution,
147-introduced or acted upon by the legislature of the state of
148-Missouri;
149- (h) Any pleading, notice, judgment or any other record
150-or entry of any court of this state, any oth er state or of
151-the United States;
152- (i) Any book of registration or list of voters
153-required by chapter 115;
154- (j) Any animal considered livestock as that term is
155-defined in section 144.010;
156- (k) Any live fish raised for commercial sale with a
157-value of seventy-five dollars or more;
158- (l) Any captive wildlife held under permit issued by
159-the conservation commission;
160- (m) Any controlled substance as defined by section
161-195.010;
162- (n) Ammonium nitrate;
163- (o) Any wire, electrical transformer, or metallic wire
164-associated with transmitting telecommunications, video,
165-internet, or voice over internet protocol service, or any
166-other device or pipe that is associated with conducting
167-electricity or transporting natural gas or other c ombustible
168-fuels; or
169- 6
170- (p) Any material appropriated with the intent to use
171-such material to manufacture, compound, produce, prepare,
172-test or analyze amphetamine or methamphetamine or any of
173-their analogues.
174- 6. The offense of stealing is a cl ass E felony if:
175- (1) The property appropriated is an animal;
176- (2) The property is a catalytic converter;
177- (3) A person has previously been found guilty of three
178-stealing-related offenses committed on three separate
179-occasions where such of fenses occurred within ten years of
180-the date of occurrence of the present offense; or
181- (4) The property appropriated is a letter, postal
182-card, package, bag, or other sealed article that was
183-delivered by a common carrier or delivery service and not
184-yet received by the addressee or that had been left to be
185-collected for shipment by a common carrier or delivery
186-service.
187- 7. The offense of stealing is a class D misdemeanor if
188-the property is not of a type listed in subsection 2, 3, 5,
189-or 6 of this section, the property appropriated has a value
190-of less than one hundred fifty dollars, and the person has
191-no previous findings of guilt for a stealing -related offense.
192- 8. The offense of stealing is a class A misdemeanor if
193-no other penalty is specified in this section.
194- 9. If a violation of this section is subject to
195-enhanced punishment based on prior findings of guilt, such
196-findings of guilt shall be pleaded and proven in the same
197-manner as required by section 558.021.
198- 10. The appropriation of any property or services of a
199-type listed in subsection 2, 3, 5, or 6 of this section or
200-of a value of seven hundred fifty dollars or more may be
201-considered a separate felony and may be charged in separate
202-counts.
203- 7
204- 11. The value of property or services appropriated
205-pursuant to one scheme or course of conduct, whether from
206-the same or several owners and whether at the same or
207-different times, constitutes a single criminal episode and
208-may be aggregated in determining the grade of the offense,
209-except as set forth in subsection 10 of this section.
210- 12. As used in this section, the term "organized
211-retail theft" means:
212- (1) Any act of stealing committed by one or more
213-persons, as part of any agreement to steal such propert y
214-from any business, and separate acts of stealing which are
215-part of any ongoing agreement to steal may be aggregated for
216-the purpose of determining value regardless of whether such
217-acts are committed in the same jurisdiction or at the same
218-time;
219- (2) Any act of receiving or possessing any property
220-that has been taken or stolen in violation of subdivision
221-(1) of this subsection while knowing or having reasonable
222-grounds to believe the property is stolen from any business
223-in violation of this s ection and separate acts of receiving
224-or possessing such stolen property which are part of any
225-ongoing agreement to receive or possess such stolen property
226-may be aggregated for the purpose of determining value
227-regardless of whether such acts are commi tted in the same
228-jurisdiction or at the same time; or
229- (3) Any act of organizing, supervising, financing,
230-leading, or managing between one or more persons to engage
231-for profit in a scheme or course of conduct to effectuate or
232-intend to effectuate the transfer or sale of property stolen
233-from any business in violation of this section and separate
234-acts of organizing, supervising, financing, leading, or
235-managing between one or more persons to engage for profit in
236-a scheme or course of conduct to ef fectuate or intend to
237- 8
238-effectuate the transfer or sale of such stolen property
239-which are part of any ongoing agreement to organize,
240-supervise, finance, lead, or manage between one or more
241-persons to engage for profit in a scheme or course of
242-conduct to effectuate or intend to effectuate the transfer
243-or sale of such stolen property may be aggregated for the
244-purpose of determining value regardless of whether such acts
245-are committed in the same jurisdiction or at the same time.
246- 13. If any prosecuting attorney or circuit attorney
247-makes a request in writing to the attorney general, the
248-attorney general shall have the authority to commence and
249-prosecute the offense of stealing if such offense involves
250-organized retail theft, and any other offenses that directly
251-arises from or causally occurs as a result of an alleged
252-violation of the offense of stealing involving organized
253-retail theft, in each or any county or a city not within a
254-county in which the offense occurred with the same power and
255-authority granted to prosecuting attorneys in section 56.060
256-and circuit attorneys in section 56.450, except that all
257-costs and fees of such prosecution by the attorney general
258-shall be paid by the state and not by any county or local
259-government.
260- 14. No provision of this section shall grant any
261-additional power to the attorney general beyond commencement
262-and prosecution of offenses as authorized in this section.
14+ Section A. Section 570.030, RSMo, is repealed and three 1
15+new sections enacted in lieu thereof, to be known as sections 2
16+569.151, 570.030, and 570.036, to read as follows:3
17+ 569.151. 1. A person commits the offense of trespass 1
18+in the third degree if he or she enters a retail 2
19+establishment or similar public place with the primary 3
20+purpose of: 4
21+ (1) Engaging in tumultuous or viol ent conduct causing 5
22+damage to property; 6
23+ (2) Disrupting lawful commerce in such retail 7
24+establishment or similar public place; 8
25+ (3) Creating the danger of serious physical injury to 9
26+persons; or 10
27+ (4) Threatening or adversely affecting the h ealth or 11
28+physical well-being of any individual located in or around 12
29+such retail establishment or similar public place. 13
30+ 2. A person commits the offense of trespass in the 14
31+third degree if he or she, either individually or as part of 15
32+an organized campaign, sponsors, promotes, or assists in the 16
33+conduct made unlawful under subsection 1 of this section. 17 SB 318 2
34+ 3. The offense of trespass in the third degree is a 18
35+class B misdemeanor. If it is shown that an organized 19
36+campaign sponsored, promoted, or ass isted in any conduct in 20
37+violation of this section, in addition to the penalty 21
38+imposed under this section, the organized campaign may be 22
39+required to pay a civil fine not to exceed five thousand 23
40+dollars. 24
41+ 570.030. 1. A person commits the offense of stealing 1
42+if he or she: 2
43+ (1) Appropriates property or services of another with 3
44+the purpose to deprive him or her thereof, either without 4
45+his or her consent or by means of deceit or coercion; 5
46+ (2) Attempts to appropriate anhydrous ammonia or 6
47+liquid nitrogen of another with the purpose to deprive him 7
48+or her thereof, either without his or her consent or by 8
49+means of deceit or coercion; or 9
50+ (3) For the purpose of depriving the owner of a lawful 10
51+interest therein, receives, reta ins or disposes of property 11
52+of another knowing that it has been stolen, or believing 12
53+that it has been stolen. 13
54+ 2. The offense of stealing is a class A felony if the 14
55+property appropriated consists of any of the following 15
56+containing any amount of an hydrous ammonia: a tank truck, 16
57+tank trailer, rail tank car, bulk storage tank, field nurse, 17
58+field tank or field applicator. 18
59+ 3. The offense of stealing is a class B felony if: 19
60+ (1) The property appropriated or attempted to be 20
61+appropriated consists of any amount of anhydrous ammonia or 21
62+liquid nitrogen; 22
63+ (2) The property consists of any animal considered 23
64+livestock as the term livestock is defined in section 24
65+144.010, or any captive wildlife held under permit issued by 25 SB 318 3
66+the conservation commission, and the value of the animal or 26
67+animals appropriated exceeds three thousand dollars and that 27
68+person has previously been found guilty of appropriating any 28
69+animal considered livestock or captive wildlife held under 29
70+permit issued by the conservat ion commission. 30
71+Notwithstanding any provision of law to the contrary, such 31
72+person shall serve a minimum prison term of not less than 32
73+eighty percent of his or her sentence before he or she is 33
74+eligible for probation, parole, conditional release, or 34
75+other early release by the department of corrections; 35
76+ (3) A person appropriates property consisting of a 36
77+motor vehicle, watercraft, or aircraft, and that person has 37
78+previously been found guilty of two stealing -related 38
79+offenses committed on two separa te occasions where such 39
80+offenses occurred within ten years of the date of occurrence 40
81+of the present offense; 41
82+ (4) The property appropriated or attempted to be 42
83+appropriated consists of any animal considered livestock as 43
84+the term is defined in secti on 144.010 if the value of the 44
85+livestock exceeds ten thousand dollars; [or] 45
86+ (5) The property appropriated or attempted to be 46
87+appropriated is owned by or in the custody of a financial 47
88+institution and the property is taken or attempted to be 48
89+taken physically from an individual person to deprive the 49
90+owner or custodian of the property ; or 50
91+ (6) The person appropriates property, the person's 51
92+course of conduct is part of an organized retail theft, and 52
93+the value of the property taken, combined wit h any property 53
94+damage inflicted in such theft, is ten thousand dollars or 54
95+more. 55
96+ 4. The offense of stealing is a class C felony if : 56 SB 318 4
97+ (1) The value of the property or services appropriated 57
98+is twenty-five thousand dollars or more ; or 58
99+ (2) The property is a teller machine or the contents 59
100+of a teller machine, including cash, regardless of the value 60
101+or amount; or 61
102+ (3) The person appropriates property, the person's 62
103+course of conduct is part of an organized retail theft, and 63
104+the value of the property taken, combined with any property 64
105+damage inflicted in such theft, is seven hundred fifty 65
106+dollars or more but less than ten thousand dollars . 66
107+ 5. The offense of stealing is a class D felony if: 67
108+ (1) The value of the property or services appropriated 68
109+is seven hundred fifty dollars or more; 69
110+ (2) The offender physically takes the property 70
111+appropriated from the person of the victim; or 71
112+ (3) The property appropriated consists of: 72
113+ (a) Any motor vehicle, watercraft or aircraft; 73
114+ (b) Any will or unrecorded deed affecting real 74
115+property; 75
116+ (c) Any credit device, debit device or letter of 76
117+credit; 77
118+ (d) Any firearms; 78
119+ (e) Any explosive weapon as defined in section 571.010; 79
120+ (f) Any United States nat ional flag designed, intended 80
121+and used for display on buildings or stationary flagstaffs 81
122+in the open; 82
123+ (g) Any original copy of an act, bill or resolution, 83
124+introduced or acted upon by the legislature of the state of 84
125+Missouri; 85
126+ (h) Any pleading, notice, judgment or any other record 86
127+or entry of any court of this state, any other state or of 87
128+the United States; 88 SB 318 5
129+ (i) Any book of registration or list of voters 89
130+required by chapter 115; 90
131+ (j) Any animal considered livestock as that term is 91
132+defined in section 144.010; 92
133+ (k) Any live fish raised for commercial sale with a 93
134+value of seventy-five dollars or more; 94
135+ (l) Any captive wildlife held under permit issued by 95
136+the conservation commission; 96
137+ (m) Any controlled substance as d efined by section 97
138+195.010; 98
139+ (n) Ammonium nitrate; 99
140+ (o) Any wire, electrical transformer, or metallic wire 100
141+associated with transmitting telecommunications, video, 101
142+internet, or voice over internet protocol service, or any 102
143+other device or pipe t hat is associated with conducting 103
144+electricity or transporting natural gas or other combustible 104
145+fuels; or 105
146+ (p) Any material appropriated with the intent to use 106
147+such material to manufacture, compound, produce, prepare, 107
148+test or analyze amphetamine or methamphetamine or any of 108
149+their analogues. 109
150+ 6. The offense of stealing is a class E felony if: 110
151+ (1) The property appropriated is an animal; 111
152+ (2) The property is a catalytic converter; 112
153+ (3) A person has previously been found guilty of three 113
154+stealing-related offenses committed on three separate 114
155+occasions where such offenses occurred within ten years of 115
156+the date of occurrence of the present offense; or 116
157+ (4) The property appropriated is a letter, postal 117
158+card, package, bag, or othe r sealed article that was 118
159+delivered by a common carrier or delivery service and not 119
160+yet received by the addressee or that had been left to be 120 SB 318 6
161+collected for shipment by a common carrier or delivery 121
162+service. 122
163+ 7. The offense of stealing is a class D misdemeanor if 123
164+the property is not of a type listed in subsection 2, 3, 5, 124
165+or 6 of this section, the property appropriated has a value 125
166+of less than one hundred fifty dollars, and the person has 126
167+no previous findings of guilt for a stealing -related offense. 127
168+ 8. The offense of stealing is a class A misdemeanor if 128
169+no other penalty is specified in this section. 129
170+ 9. If a violation of this section is subject to 130
171+enhanced punishment based on prior findings of guilt, such 131
172+findings of guilt shall be p leaded and proven in the same 132
173+manner as required by section 558.021. 133
174+ 10. The appropriation of any property or services of a 134
175+type listed in subsection 2, 3, 5, or 6 of this section or 135
176+of a value of seven hundred fifty dollars or more may be 136
177+considered a separate felony and may be charged in separate 137
178+counts. 138
179+ 11. The value of property or services appropriated 139
180+pursuant to one scheme or course of conduct, whether from 140
181+the same or several owners and whether at the same or 141
182+different times, cons titutes a single criminal episode and 142
183+may be aggregated in determining the grade of the offense, 143
184+except as set forth in subsection 10 of this section. 144
185+ 12. As used in this section, the term "organized 145
186+retail theft" means any act of stealing committ ed by one or 146
187+more persons as part of any agreement to steal property from 147
188+a business. Separate acts of stealing that are part of any 148
189+ongoing agreement to steal may be aggregated for the purpose 149
190+of determining value regardless of whether the acts are 150
191+committed in the same jurisdiction or at the same time. 151 SB 318 7
192+ 570.036. 1. A person commits the offense of organized 1
193+retail theft if he or she, while alone or with any other 2
194+person or persons, commits a series of thefts of retail 3
195+merchandise against one or more persons either on the 4
196+premises of a merchant or through the use of an internet or 5
197+network site in this state with the intent to: 6
198+ (1) Return the merchandise to the merchant for value; 7
199+or 8
200+ (2) Resell, trade, or barter the merchandise for value 9
201+in any manner including, but not limited to, through the use 10
202+of an internet or network site. 11
203+ 2. The offense of organized retail theft is a class C 12
204+felony if the aggregated value of the property or services 13
205+involved in all thefts committed in this state during a 14
206+period of one hundred twenty days is no less than one 15
207+thousand five hundred dollars and no more than ten thousand 16
208+dollars. 17
209+ 3. The offense of organized retail theft is a class B 18
210+felony if the aggregated value of the property or services 19
211+involved in all thefts committed in this state during a 20
212+period of one hundred twenty days is more than ten thousand 21
213+dollars. 22
214+ 4. In addition to any other penalty, the court shall 23
215+order a person who violates this sectio n to pay restitution. 24
216+ 5. For the purposes of this section, in determining 25
217+the aggregated value of the property or services involved in 26
218+all thefts committed in this state during a period of one 27
219+hundred twenty days: 28
220+ (1) The amount involved in a single theft shall be 29
221+deemed to be the highest value, by any reasonable standard, 30
222+of the property or services that are obtained; and 31 SB 318 8
223+ (2) The amounts involved in all thefts committed by 32
224+all participants in the organized retail theft shall be 33
225+aggregated. 34
226+ 6. In any prosecution for a violation of this section, 35
227+the violation shall be deemed to have been committed and may 36
228+be prosecuted in any jurisdiction in this state in which any 37
229+theft committed by any participant in the organized retail 38
230+theft was committed regardless of whether the defendant was 39
231+ever physically present in such jurisdiction. 40
232+