SB 1789

                                      SECOND REGULAR SESSION
                SENATE BILL NO. 1789
                                      103RD GENERAL ASSEMBLY
                                        INTRODUCED BY SENATOR BEAN.
 7468S.01I  KRISTINA MARTIN, Secretary
                                                   AN ACT
 To repeal section 558.016, RSMo, and to enact in lieu thereof one new section relating to extended
           sentences for prior criminal conduct.
 Be it enacted by the General Assembly of the State of Missouri, as follows:
1Section A.  Section 558.016, RSMo, is repealed and one new
2  section enacted in lieu thereof, to be known as section 558.016,
3  to read as follows:
1558.016.  1. The court may sentence a person who has
2  been found guilty of an offense to a term of imprisonment as
3  authorized by section 558.011 or to a term of imprisonment
4  authorized by a statute governing the offense if it finds
5  the defendant is a prior offender or a persistent
6  misdemeanor offender.  The court [may] shall sentence a
7  person to an extended term of imprisonment if:
8(1) The defendant is a persistent offender or a
9  dangerous offender, and the person is sentenced under
10  subsection 7 of this section;
11(2) The statute under which the person was found
12  guilty contains a sentencing enhancement provision that is
13  based on a prior finding of guilt or a finding of prior
14  criminal conduct and the person is sentenced according to
15  the statute; or
 EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
 and is intended to be omitted in the law.
 SB 1789  2
16(3) A more specific sentencing enhancement provision
17 applies that is based on a prior finding of guilt or a
18 finding of prior criminal conduct.
192. A "prior offender" is one who has been found guilty
20 of one felony.
213. A "persistent offender" is one who has been found
22 guilty of two or more felonies committed at different times,
23 or one who has been previously found guilty of a dangerous
24 felony as defined in subdivision (19) of section 556.061.
254. A "dangerous offender" is one who:
26(1) Is being sentenced for a felony during the
27 commission of which he knowingly murdered or endangered or
28 threatened the life of another person or knowingly inflicted
29 or attempted or threatened to inflict serious physical
30 injury on another person; and
31(2) Has been found guilty of a class A or B felony or
32 a dangerous felony.
335. A "persistent misdemeanor offender" is one who has
34 been found guilty of two or more offenses, committed at
35 different times that are classified as A or B misdemeanors
36 under the laws of this state.
376. The findings of guilt shall be prior to the date of
38 commission of the present offense.
397. The court shall sentence a person, who has been
40 found to be a persistent offender or a dangerous offender,
41 and is found guilty of a class B, C, D, or E felony to the
42 authorized term of imprisonment for the offense that is one
43 class higher than the offense for which the person is found
44 guilty.
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