| 1 | 1 | | |
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| 2 | 2 | | FIRST REGULAR SESSION |
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| 3 | 3 | | SENATE BILL NO. 453 |
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| 4 | 4 | | 103RD GENERAL ASSEMBLY |
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| 5 | 5 | | INTRODUCED BY SENATOR TRENT. |
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| 6 | 6 | | 0095S.01I KRISTINA MARTIN, Secretary |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | To repeal sections 575.095 and 575.260, RSMo, and to enact in lieu thereof two new sections |
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| 9 | 9 | | relating to offenses involving the judiciary, with penalty provisions. |
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| 10 | 10 | | |
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| 11 | 11 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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| 12 | 12 | | Section A. Sections 575.095 and 575.260, RSMo, are 1 |
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| 13 | 13 | | repealed and two new sections enacted in lieu thereof, to be 2 |
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| 14 | 14 | | known as sections 575.095 and 575.260, to read as follows:3 |
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| 15 | 15 | | 575.095. 1. A person commits the offense of tampering 1 |
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| 16 | 16 | | with a judicial officer if , with the purpose to harass, 2 |
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| 17 | 17 | | intimidate or influence a judicial officer in the 3 |
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| 18 | 18 | | performance of such officer's official duties, such person: 4 |
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| 19 | 19 | | (1) Threatens or causes harm to such judicial officer 5 |
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| 20 | 20 | | or members of such judicial officer's family; 6 |
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| 21 | 21 | | (2) Uses force, threats, or deception against or 7 |
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| 22 | 22 | | toward such judicial officer or members of such judicial 8 |
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| 23 | 23 | | officer's family; 9 |
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| 24 | 24 | | (3) Offers, conveys or agrees to convey any benefit 10 |
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| 25 | 25 | | direct or indirect upon such judicial officer or such 11 |
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| 26 | 26 | | judicial officer's family; 12 |
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| 27 | 27 | | (4) Engages in conduct reasonably calculated to harass 13 |
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| 28 | 28 | | or alarm such judicial officer or such judicial officer's 14 |
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| 29 | 29 | | family, including stalking pursuant to section 565.225 or 15 |
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| 30 | 30 | | 565.227; 16 |
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| 31 | 31 | | (5) Disseminates through any means, including by 17 |
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| 32 | 32 | | posting on the internet, the judicial officer's or the 18 SB 453 2 |
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| 33 | 33 | | judicial officer's family's personal information. For 19 |
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| 34 | 34 | | purposes of this section, "personal information" includes a 20 |
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| 35 | 35 | | home address, home or mobile telephone number, personal 21 |
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| 36 | 36 | | email address, Social Secur ity number, federal tax 22 |
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| 37 | 37 | | identification number, checking or savings account number, 23 |
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| 38 | 38 | | marital status, and identity of a child under eighteen years 24 |
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| 39 | 39 | | of age. 25 |
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| 40 | 40 | | 2. A judicial officer for purposes of this section 26 |
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| 41 | 41 | | shall be a judge or commissioner of a state or federal 27 |
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| 42 | 42 | | court, arbitrator, special master, juvenile officer, deputy 28 |
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| 43 | 43 | | juvenile officer, state prosecuting or circuit attorney, 29 |
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| 44 | 44 | | state assistant prosecuting or circuit attorney, juvenile 30 |
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| 45 | 45 | | court commissioner, state probation or parole officer, or 31 |
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| 46 | 46 | | referee. 32 |
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| 47 | 47 | | 3. A judicial officer's family for purposes of this 33 |
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| 48 | 48 | | section shall be: 34 |
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| 49 | 49 | | (1) Such officer's spouse; or 35 |
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| 50 | 50 | | (2) Such officer or such officer's spouse's ancestor 36 |
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| 51 | 51 | | or descendant by blood or adoption; or 37 |
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| 52 | 52 | | (3) Such officer's stepchild, while the marriage 38 |
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| 53 | 53 | | creating that relationship exists. 39 |
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| 54 | 54 | | 4. The offense of tampering with a judicial officer is 40 |
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| 55 | 55 | | a class D felony. 41 |
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| 56 | 56 | | 5. If a violation of this section results in death or 42 |
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| 57 | 57 | | bodily injury to a judicial officer or a member of the 43 |
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| 58 | 58 | | judicial officer's family, the offense is a class B felony. 44 |
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| 59 | 59 | | 6. No person convicted under this section shall be 45 |
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| 60 | 60 | | eligible for parole, probation, or conditional release. 46 |
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| 61 | 61 | | 575.260. 1. A person commits the offense of tampering 1 |
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| 62 | 62 | | with a judicial proceeding if, with the purpose to influence 2 |
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| 63 | 63 | | the official action of a judge, juror, special master, 3 |
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| 64 | 64 | | referee, arbitrator, state prosecuting or circuit attorney, 4 SB 453 3 |
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| 65 | 65 | | state assistant prosecuting or circuit attorney, or attorney 5 |
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| 66 | 66 | | general in a judicial proceedi ng, he or she: 6 |
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| 67 | 67 | | (1) Threatens or causes harm to any person or 7 |
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| 68 | 68 | | property; or 8 |
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| 69 | 69 | | (2) Engages in conduct reasonably calculated to harass 9 |
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| 70 | 70 | | or alarm such official or juror; or 10 |
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| 71 | 71 | | (3) Offers, confers, or agrees to confer any benefit, 11 |
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| 72 | 72 | | direct or indirect, upon such official or juror. 12 |
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| 73 | 73 | | 2. The offense of tampering with a judicial proceeding 13 |
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| 74 | 74 | | is a class D felony. No person convicted under this section 14 |
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| 75 | 75 | | shall be eligible for parole, probation, or conditional 15 |
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| 76 | 76 | | release. 16 |
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| 77 | 77 | | |
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