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Lawmakers pass wide-ranging crime bills
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By HEATHER J. CARLSON and KELLY WIESE
The Associated Press
Legislators passed a bill Friday aimed at correcting a constitutional flaw cited by the state Supreme Court in a ruling overturning the sexual misconduct conviction of a defrocked priest.
In its 4-3 ruling last month, the Supreme Court concluded there was insufficient evidence to prove that James Beine, a school counselor in St. Louis in 2000-2001, committed wrongdoing when he allegedly exposed himself to boys while urinating in a school bathroom.
The court majority also ruled that the state's sexual misconduct law used to convict Beine was unconstitutionally broad.
Lawmakers said it was critical the law be fixed quickly.
"I think the court was wrong," Senate Judiciary Chairman Matt Bartle, R-Lee's Summit, said Friday.
Rep. Rachel Storch, D-St. Louis, added: "When the safety of our children is at risk we simply can't afford to have sex offenders on the prowl."
The wording change was part of a wide-ranging crime bill.
"We (also) drafted a provision which will require courts to sentence those who have commited two sex offenses," Bartle said, "where the second offense is a sex offense against a child, (to) have electronic monitoring for the rest of their natural life."
The bill also would repeal the state's early release law, which allows certain drug offenders, burglars and other nonviolent convicts to seek their release after four months in prison.
Attorney General Jay Nixon applauded that move.
"I don't think that Missouri should roll back its laws on being tough on meth and other crimes," Nixon said.
The House and Senate each passed the crime legislation Friday. It now goes to Gov. Matt Blunt.
Bartle said many good provisions did not survive but that the bill still makes important changes.
Sen. Pat Dougherty, D-St. Louis, expressed dismay that provisions creating crimes for distributing drugs near parks and child care centers didn't make the final version of the bill.
"I don't know that anybody should be clapping themselves on the back when this is passed," he said. "There are an awful lot of things here that could've benefited people more."
The Legislature later gave final approval to two other crime bills that deal with drunken drivers and strip clubs.
Both add new circumstances for an incident to qualify as involuntary manslaughter, including causing the death of someone not in the vehicle or of two or more people while intoxicated, or causing a death while having a high blood-alcohol content.
The measures have some differences in language regarding penalty provisions and the level at which penalties increase.
One measure also includes items targeting adult entertainment venues.
The proposal includes a ban on full nudity, a requirement that dancers stay behind a rail at least 10 feet from customers and a prohibition on employees from touching customers.
"Everything in the bill has been researched, and has been upheld in other jurisdictions as constitutional," Bartle said. "They are not a legitimate business, because of the massive negative secondary effects that they throw off in our society.
"Most Missourians ... want us to regulate these businesses as aggressively as we can."
But Rep. Tom Villa, D-St. Louis, blasted those new restrictions.
"Whether you like the industry or don't like the industry, this legislation pretty much puts it out of business," Villa said. "I don't think we have any business passing moral judgment on an industry."
Crime bills are HB353 and HB972
On the Net:
Legislature: http://www.moga.state.mo.us
(Bob Watson of the News Tribune staff added information used in this story.)
In its 4-3 ruling last month, the Supreme Court concluded there was insufficient evidence to prove that James Beine, a school counselor in St. Louis in 2000-2001, committed wrongdoing when he allegedly exposed himself to boys while urinating in a school bathroom.
The court majority also ruled that the state's sexual misconduct law used to convict Beine was unconstitutionally broad.
Lawmakers said it was critical the law be fixed quickly.
"I think the court was wrong," Senate Judiciary Chairman Matt Bartle, R-Lee's Summit, said Friday.
Rep. Rachel Storch, D-St. Louis, added: "When the safety of our children is at risk we simply can't afford to have sex offenders on the prowl."
The wording change was part of a wide-ranging crime bill.
"We (also) drafted a provision which will require courts to sentence those who have commited two sex offenses," Bartle said, "where the second offense is a sex offense against a child, (to) have electronic monitoring for the rest of their natural life."
The bill also would repeal the state's early release law, which allows certain drug offenders, burglars and other nonviolent convicts to seek their release after four months in prison.
Attorney General Jay Nixon applauded that move.
"I don't think that Missouri should roll back its laws on being tough on meth and other crimes," Nixon said.
The House and Senate each passed the crime legislation Friday. It now goes to Gov. Matt Blunt.
Bartle said many good provisions did not survive but that the bill still makes important changes.
Sen. Pat Dougherty, D-St. Louis, expressed dismay that provisions creating crimes for distributing drugs near parks and child care centers didn't make the final version of the bill.
"I don't know that anybody should be clapping themselves on the back when this is passed," he said. "There are an awful lot of things here that could've benefited people more."
The Legislature later gave final approval to two other crime bills that deal with drunken drivers and strip clubs.
Both add new circumstances for an incident to qualify as involuntary manslaughter, including causing the death of someone not in the vehicle or of two or more people while intoxicated, or causing a death while having a high blood-alcohol content.
The measures have some differences in language regarding penalty provisions and the level at which penalties increase.
One measure also includes items targeting adult entertainment venues.
The proposal includes a ban on full nudity, a requirement that dancers stay behind a rail at least 10 feet from customers and a prohibition on employees from touching customers.
"Everything in the bill has been researched, and has been upheld in other jurisdictions as constitutional," Bartle said. "They are not a legitimate business, because of the massive negative secondary effects that they throw off in our society.
"Most Missourians ... want us to regulate these businesses as aggressively as we can."
But Rep. Tom Villa, D-St. Louis, blasted those new restrictions.
"Whether you like the industry or don't like the industry, this legislation pretty much puts it out of business," Villa said. "I don't think we have any business passing moral judgment on an industry."
Crime bills are HB353 and HB972
On the Net:
Legislature: http://www.moga.state.mo.us
(Bob Watson of the News Tribune staff added information used in this story.)
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