Court costs amended

Court costs were amended by the General Assembly this year and will take effect August 28, 2001. Court costs for non-appearance traffic violations will increase by three dollars to $47.50, traffic violations requiring an appearance will increase by three dollars to $57.50, and misdemeanor cases will increase three dollars to $72.50. The three dollar increase is broken down as follows: $2.50 for Crime Victim’s Compensation Fund for a total to that fund of $7.50 and $.50 to Independent Living Fund for a total of $1 to that fund.

Several changes were made to the Driving While Intoxicated statutes that will take effect Sept. 29, 2001. It will then be unlawful to drive a motor vehicle with a blood alcohol content of .08%. Currently the legal limits is .10% blood alcohol content. All DWI driving offenses will now be charged and additional $25 payable to the Spinal Cord Injury Fund.

These funds are sent to the University of Missouri for spinal cord research. This brings DWI court costs to $107.50. This will be paid in addition to any fine imposed (first offense up to $500, second offense up to $1,000), cost of incarceration ($35/day), recoupment to the Missouri State Highway Patrol or other arresting agency (generally around $75), SATOP assessment ($125) SATOP course ($100-400) and a high-risk or SR-22 liability insurance policy (generally $100/month and is required for two years after reinstatement).

In addition, all persons who plead guilty to or are found guilty of a second offense DWI charged as a prior offender are required to serve five days jail, currently the mandatory jail term is two days. A persistent offender, a person charged with a third of subsequent DWI offense must now serve 10 days jail, currently the mandatory term is two days jail. Further, the offender must be taken into custody for the jail term immediately after sentencing.

Finally, a DWI offender who pleads guilty to or is found guilty of a second or subsequent offense is required to equip his/her automobile with an Ignition Interlock device. Previously, the Court could waive this requirement upon a finding that such equipment would impose a financial hardship on the offender. The general cost of such equipment is $50-75 installation, from $50-75 per month lease/rental, and up to $75 removal fee. Currently Kansas City is the nearest installation point.

Effective Aug. 28, 2001, there shall be imposed an additional fine of $250 assessed to any person who is convicted of or pleads guilty to a speeding violation or a passing/overtaking violation in a work/construction zone when there are persons present performing duties in said zone and a sign posted stating that an additional fine of $250 will be imposed for a speed/passing violation. Currently a $35 additional fine is assessed for all construction zone violations in addition to the base fine and court cost amount. For example, if you are traveling 11 mph over the limit in a construction zone where there are workers present and a warning sign posted, the fines ($55.50 for speed and $250 for work zone), together with court costs (47.50) will be $353.

New felony violations were created now making it unlawful to possess, purchase, deliver, manufacture, and/or bring into this state more than thirty grams of what is commonly known as “Ecstasy.” There are also new provisions that limit the sale of any methamphetamine precursor dugs — ephedrine, pseudoephedrine and/or phenylpropanolamine. Also, the Class D felony (up to five years in the Department of Corrections and/or $5,000 fine) of possession of anhydrous ammonia in an unapproved container was created. Also, stealing liquid nitrogen or anhydrous ammonia will be a Class C felony (up to seven years in the Department of Corrections and/or a fine of $5,000) — previously a Class D felony.

The legislature also created the Class A misdemeanor (up to one year in the county jail and/or $1,000 fine) of reproducing, altering, modifying and/or misrepresenting any chauffeur or motor vehicle license or identification card.

The new infraction of possession cigarettes or other tobacco products by a person under the age of 18 years was created. The penalty for a first offense is confiscation of the product and for a second offense the products shall be confiscated and shall be required to complete a tobacco education or smoking cessation program, together with court costs. It shall also be unlawful for anyone to sell or distribute tobacco products to any person under the age of 18 years. The punishment for said violation shall be a fine of $150 for the first violation and $500 for subsequent violations plus court costs.

The Farmland Protection Act creates various provisions relating to farm animals. Specifically, it will be a Class D felony to intentionally spread disease to livestock or animals, and it will be a Class Be misdemeanor to knowingly release an animal confined for the purpose of companionship, protection of persons or property, recreation, exhibition or educational purposes without the owner’s consent. A subsequent offense shall be a Class D felony. This Act also creates the crimes of: intentionally causing the loss of any crop; damaging, vandalizing, or stealing any property in or on a crop; obtaining access to a crop by false pretenses for the purposes of performing acts not authorized by the owner; entering or otherwise interfering with a crop with the intent to destroy, alter, duplicate, or obtain unauthorized possession of such crop; knowingly obtain, by theft or deception, control over such crop for the purpose of depriving the rightful owner of such crop or destroying such crop; and entering or remaining on land on which crop is located with the intent to commit an act prohibited above. If the value of the damage or loss is less than $500, the violation is a misdemeanor, if the value is above $500 but less than $1,000, the violation is a Class D felony, and if the value is above $1,000, the violation is a Class C felony.

Currently law enforcement officers may detain/hold a person for 20 hours to conduct an investigation, but a new provision will allow a 24 hour hold for all murder, distribution of drug, rape, sodomy, and serious assault charges. This provision also creates the A misdemeanor of not releasing a detainee after the 20 or 24 hour hold period is over, or by refusing to permit a detainee from consulting with an attorney or other persons, or who transfers such detainee to the custody of another, or to another place, or who falsely charges such person with the intent to avoid these provisions. In response to a much publicized case in Kansas City, it is now a crime for a law enforcement official to release a defendant before a search is conducted on MULES and NCIC for outstanding warrants. Any official who does so may be charged with a Class A misdemeanor.