1001S.03C
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SENATE COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 318
AN ACT
To repeal sections 569.170 and 570.030, RSMo, and to
enact in lieu thereof three new sections relating to
offenses involving property, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 569.170 and 570.030, RSMo, are
repealed and three new sections enacted in lieu thereof, to be
known as sections 569.151, 569.170, and 570.030, to read as
follows:
569.151. 1. A person commits the offense of trespass
in the third degree if he or she enters a retail
establishment or similar public place with the primary
purpose of:
(1) Engaging in tumultuous or violent conduct causing
damage to property;
(2) Disrupting lawful commerce in such retail
establishment or similar public place;
(3) Creating the danger of serious physical injury to
persons; or
(4) Threatening or adversely affecting the health or
physical well-being of any individual located in or around
such retail establishment or simi lar public place.
2. A person commits the offense of trespass in the
third degree if he or she, either individually or as part of
an organized campaign, sponsors, promotes, or assists in the
conduct made unlawful under subsection 1 of this section .
3. The offense of trespass in the third degree is a
class B misdemeanor. If it is shown that an organized
campaign sponsored, promoted, or assisted in any conduct in
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violation of this section, in addition to the penalty
imposed under this sect ion, the organized campaign may be
required to pay a civil fine not to exceed five thousand
dollars.
569.170. 1. A person commits the offense of burglary
in the second degree when he or she knowingly enters
unlawfully or knowingly rem ains unlawfully in:
(1) A building or inhabitable structure for the
purpose of committing a crime therein ; or
(2) A restricted area of a commercial business for the
purpose of committing a crime and the restricted area is:
(a) Commonly reserved for personnel of the commercial
business where money or other property is kept; or
(b) Clearly marked with a sign or signs that indicate
to the public that entry is forbidden .
2. (1) The offense of burglary in the second degree
committed under subdivision (1) of subsection 1 of this
section is a class D felony.
(2) The offense of burglary in the second degree
committed under subdivision (2) of subsection 1 of this
section is a class B misdemeanor unless committed as a
second or subsequent violation of subdivision (2) of
subsection 1 of this section in which case it is a class A
misdemeanor.
570.030. 1. A person commits the offense of stealing
if he or she:
(1) Appropriates property or services of another with
the purpose to deprive him or her thereof, either without
his or her consent or by means of deceit or coercion;
(2) Attempts to appropriate anhydrous ammonia or
liquid nitrogen of another with the purpose to deprive him
or her thereof, either without his or her consent or by
means of deceit or coercion; or
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(3) For the purpose of depriving the owner of a lawful
interest therein, receives, retains or disposes of property
of another knowing that it has been stolen, or believing
that it has been stolen.
2. The offense of stealing is a class A felony if the
property appropriated consists of any of the following
containing any amount of anhydrous ammonia: a tank truck,
tank trailer, rail tank car, bulk storage tank, fiel d nurse,
field tank or field applicator.
3. The offense of stealing is a class B felony if:
(1) The property appropriated or attempted to be
appropriated consists of any amount of anhydrous ammonia or
liquid nitrogen;
(2) The property consists of any animal considered
livestock as the term livestock is defined in section
144.010, or any captive wildlife held under permit issued by
the conservation commission, and the value of the animal or
animals appropriated exceeds three thousand dollars and that
person has previously been found guilty of appropriating any
animal considered livestock or captive wildlife held under
permit issued by the conservation commission.
Notwithstanding any provision of law to the contrary, such
person shall serve a minimum prison term of not less than
eighty percent of his or her sentence before he or she is
eligible for probation, parole, conditional release, or
other early release by the department of corrections;
(3) A person appropriates pr operty consisting of a
motor vehicle, watercraft, or aircraft, and that person has
previously been found guilty of two stealing -related
offenses committed on two separate occasions where such
offenses occurred within ten years of the date of occurrence
of the present offense;
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(4) The property appropriated or attempted to be
appropriated consists of any animal considered livestock as
the term is defined in section 144.010 if the value of the
livestock exceeds ten thousand dollars; [or]
(5) The property appropriated or attempted to be
appropriated is owned by or in the custody of a financial
institution and the property is taken or attempted to be
taken physically from an individual person to deprive the
owner or custodian of the proper ty; or
(6) The person appropriates property, the person's
course of conduct is part of an organized retail theft, and
the value of the property taken, combined with any property
damage inflicted in such theft, is ten thousand dollars or
more.
4. The offense of stealing is a class C felony if :
(1) The value of the property or services appropriated
is twenty-five thousand dollars or more ; or
(2) The property is a teller machine or the contents
of a teller machine, including cas h, regardless of the value
or amount; or
(3) The person appropriates property, the person's
course of conduct is part of an organized retail theft, and
the value of the property taken, combined with any property
damage inflicted in such theft, is seven hundred fifty
dollars or more but less than ten thousand dollars .
5. The offense of stealing is a class D felony if:
(1) The value of the property or services appropriated
is seven hundred fifty dollars or more;
(2) The offender physically takes the property
appropriated from the person of the victim; or
(3) The property appropriated consists of:
(a) Any motor vehicle, watercraft or aircraft;
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(b) Any will or unrecorded deed affecting real
property;
(c) Any credit device, debit device or letter of
credit;
(d) Any firearms;
(e) Any explosive weapon as defined in section 571.010;
(f) Any United States national flag designed, intended
and used for display on buildings or stationary flagst affs
in the open;
(g) Any original copy of an act, bill or resolution,
introduced or acted upon by the legislature of the state of
Missouri;
(h) Any pleading, notice, judgment or any other record
or entry of any court of this state, any oth er state or of
the United States;
(i) Any book of registration or list of voters
required by chapter 115;
(j) Any animal considered livestock as that term is
defined in section 144.010;
(k) Any live fish raised for commercial sale with a
value of seventy-five dollars or more;
(l) Any captive wildlife held under permit issued by
the conservation commission;
(m) Any controlled substance as defined by section
195.010;
(n) Ammonium nitrate;
(o) Any wire, electrical transformer, or metallic wire
associated with transmitting telecommunications, video,
internet, or voice over internet protocol service, or any
other device or pipe that is associated with conducting
electricity or transporting natural gas or other c ombustible
fuels; or
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(p) Any material appropriated with the intent to use
such material to manufacture, compound, produce, prepare,
test or analyze amphetamine or methamphetamine or any of
their analogues.
6. The offense of stealing is a cl ass E felony if:
(1) The property appropriated is an animal;
(2) The property is a catalytic converter;
(3) A person has previously been found guilty of three
stealing-related offenses committed on three separate
occasions where such of fenses occurred within ten years of
the date of occurrence of the present offense; or
(4) The property appropriated is a letter, postal
card, package, bag, or other sealed article that was
delivered by a common carrier or delivery service and not
yet received by the addressee or that had been left to be
collected for shipment by a common carrier or delivery
service.
7. The offense of stealing is a class D misdemeanor if
the property is not of a type listed in subsection 2, 3, 5,
or 6 of this section, the property appropriated has a value
of less than one hundred fifty dollars, and the person has
no previous findings of guilt for a stealing -related offense.
8. The offense of stealing is a class A misdemeanor if
no other penalty is specified in this section.
9. If a violation of this section is subject to
enhanced punishment based on prior findings of guilt, such
findings of guilt shall be pleaded and proven in the same
manner as required by section 558.021.
10. The appropriation of any property or services of a
type listed in subsection 2, 3, 5, or 6 of this section or
of a value of seven hundred fifty dollars or more may be
considered a separate felony and may be charged in separate
counts.
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11. The value of property or services appropriated
pursuant to one scheme or course of conduct, whether from
the same or several owners and whether at the same or
different times, constitutes a single criminal episode and
may be aggregated in determining the grade of the offense,
except as set forth in subsection 10 of this section.
12. As used in this section, the term "organized
retail theft" means:
(1) Any act of stealing committed by one or more
persons, as part of any agreement to steal such propert y
from any business, and separate acts of stealing which are
part of any ongoing agreement to steal may be aggregated for
the purpose of determining value regardless of whether such
acts are committed in the same jurisdiction or at the same
time;
(2) Any act of receiving or possessing any property
that has been taken or stolen in violation of subdivision
(1) of this subsection while knowing or having reasonable
grounds to believe the property is stolen from any business
in violation of this s ection and separate acts of receiving
or possessing such stolen property which are part of any
ongoing agreement to receive or possess such stolen property
may be aggregated for the purpose of determining value
regardless of whether such acts are commi tted in the same
jurisdiction or at the same time; or
(3) Any act of organizing, supervising, financing,
leading, or managing between one or more persons to engage
for profit in a scheme or course of conduct to effectuate or
intend to effectuate the transfer or sale of property stolen
from any business in violation of this section and separate
acts of organizing, supervising, financing, leading, or
managing between one or more persons to engage for profit in
a scheme or course of conduct to ef fectuate or intend to
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effectuate the transfer or sale of such stolen property
which are part of any ongoing agreement to organize,
supervise, finance, lead, or manage between one or more
persons to engage for profit in a scheme or course of
conduct to effectuate or intend to effectuate the transfer
or sale of such stolen property may be aggregated for the
purpose of determining value regardless of whether such acts
are committed in the same jurisdiction or at the same time.
13. If any prosecuting attorney or circuit attorney
makes a request in writing to the attorney general, the
attorney general shall have the authority to commence and
prosecute the offense of stealing if such offense involves
organized retail theft, and any other offenses that directly
arises from or causally occurs as a result of an alleged
violation of the offense of stealing involving organized
retail theft, in each or any county or a city not within a
county in which the offense occurred with the same power and
authority granted to prosecuting attorneys in section 56.060
and circuit attorneys in section 56.450, except that all
costs and fees of such prosecution by the attorney general
shall be paid by the state and not by any county or local
government.
14. No provision of this section shall grant any
additional power to the attorney general beyond commencement
and prosecution of offenses as authorized in this section.