From the Bench

The last article highlighted legislative changes to felony classifications and prison terms that will take effect January 1, 2017. This month I will focus on changes to fine provisions for felonies. Currently, criminal fines are set forth in Chapter 560 of the Revised Statutes of the State of Missouri (RSMo.)  Next year criminal fines will be set forth in Chapter 558 RSMo.

Section 560.011 RSMo. provides in part that, in addition to confinement, a person

convicted of a class C or D felony may be sentenced:

• To pay a fine which does not exceed five thousand dollars; or
• If the offender has gained money or property through the commission of the

crime, to pay an amount, fixed by the court, not exceeding double the amount of the offender’s gain from the commission of the crime. An individual offender may be fined not more than twenty thousand dollars under this provision.

Effective January 1, 2017, Section 558.002 RSMo. will provide that, in addition to confinement, a person who has been convicted of an offense may be sentenced to pay a fine which does not exceed:

(1) For a class C, D, or E felony, ten thousand dollars; . . . or

(7) If the person has gained money or property through the commission of the offense, to pay an amount, fixed by the court, not exceeding double the amount of the person’s gain from the commission of the offense.

Notice these fine schedules apply to persons.  Corporations are subject to a slightly different set of guidelines that I hope to address in a future article.  Look for the next From the Bench where I will discuss changes to misdemeanor provisions of Missouri’s Criminal Code.

Personal Note: Each year Missouri’s judges are mandated to continue or update their legal education.  Judges throughout the state will soon be attending our annual “Judicial College.”  My metropolitan colleagues often chide me about my farm background and living in a “boring, backward” rural setting. I have to remind them we do have access to the news and see what goes on in their precious cities. We may have our problems but I will take boring or backward any day. Let’s not forget the big picture – we are blessed to live where we are.

Editor’s Note: Circuit Judge R. Brent Elliott’s “From the Bench” is a series of articles designed to provide the public with a better understanding of the judicial system and changes in the law. No explanation or example utilized herein should in any way be interpreted as reflecting an opinion, approval, or disapproval of any law. A circuit judge’s job is to fairly and impartially apply the law, not change it.