Gov. Parson signs 17 bills into law following 2020 legislative session

Provisions to dangerous felonies, civil actions, elections among subjects of state legislation
 
The 100th Missouri Legislature passed 17 bills which were signed into law by Gov. Mike Parson during their 2020 legislative session. Ten other appropriations bills passed during the session were partially vetoed by Parson. The 100th Missouri General Assembly adjourned on Wednesday, May 27; consideration of bills ended on Friday, May 15.
Felony bill
One of the bills signed into law was Senate Bill 600, which “modifies and creates provisions relating to dangerous felonies.”
“The act amends existing law regarding the circumstances under which a person can be charged with conspiracy to commit a crime,” the bill’s text read. “Under this act, if two or more defendants are charged with being joint participants in a conspiracy, it is presumed there is no substantial prejudice in charging both defendants in the same indictment or being tried together. Under current law, guilt for an offense may be based upon a conspiracy to commit an offense when a person, with the purpose of promoting the commission of the offense, agrees with another person that they will engage in conduct to commit the offense. A person cannot be convicted of an offense based upon a conspiracy to commit the offense unless he or she committed an overt act.”
The law also “repeals the provisions barring a person from being charged, convicted, or sentenced for both the conspiracy to commit the offense and the actual offense.”
Additionally, the law adds the definition of “dangerous felony” to the offenses of armed criminal action, conspiracy and vehicle hijacking. It creates the offense of vehicle hijacking, which is defined as “when an individual knowingly uses or threatens the use of physical force upon another individual to seize or attempt to seize possession or control of a vehicle.” The act states the crime is a Class B felony, or a Class A felony if aggravating circumstances are present.
Increases penalties
The law also increases the penalties for armed criminal action and upgrades unlawful possession of a firearm from a Class C felony to a Class B felony.
Gangs
Finally, the law establishes the Missouri Criminal Street Gangs Prevention Act and “modifies the definition of a ‘criminal street gang’ by defining such an organization to have as one of its motivating, rather than primary, activities the commission of one or more criminal acts.”
Unlawful merchandising
The governor also signed Senate Bill 591 into law. This law “modifies provisions relating to civil actions, including unlawful merchandising practices and punitive damages.”
One part of the legislation states that unlawful merchandising practice does not include “any advertisement, merchandise, or transaction in which the merchandise consists of a new residence in a transaction in which the buyer is offered and accepts an express warranty in the sale contract by the builder or by a third party warranty paid for by the builder and the sale contract includes a disclaimer.”
The text also states that those seeking to recover damages for unlawful merchandising practices will have to “establish that the person acted as a reasonable consumer, that the alleged unlawful act would cause a reasonable person to enter into the transaction that resulted in damages, and the individual damages with sufficiently definitive and objective evidence to allow the loss to be calculated with a reasonable degree of certainty.”
In regards to general punitive damages, the legislation states that punitive damages will only be awarded if “the plaintiff proves by clear and convincing evidence that the defendant intentionally harmed the plaintiff without just cause or acted with a deliberate and flagrant disregard for the safety of others, and the plaintiff is awarded more than nominal damages.”
Medical malpractice
Additionally, the law modifies punitive damages for medical malpractice.
“In order to be awarded punitive damages,” the law’s text states, “the jury must find by clear and convincing evidence that the health care provider intentionally caused damage or demonstrated malicious misconduct. Evidence of negligence, including indifference or conscious disregard for the safety of others, does not constitute intentional conduct or malicious misconduct.”
Absentee voting
The General Assembly also tackled election issues with Senate Bill 631, which Parson signed into law on June 4.
In regards to absentee voting, the law’s text states, “This act permits a person to vote absentee for an election that occurs during the year 2020, if the voter has contracted or is in an at-risk category for contracting or transmitting severe acute respiratory syndrome coronavirus 2.”
The law also states that the person casting an absentee ballot doesn’t have to have the ballot notarized.
The law also covers mail-in voting. The act allows voters to cast mail-in ballots during 2020, provided they can still cast an absentee ballot and have not already cast a mail-in ballot.
Voters can apply for a mail-in ballot “in person or by mail any time before the second Wednesday prior to the election,” but must also “execute and submit a notarized statement under penalty of perjury with the ballot.”
The law also states “Knowingly making, delivering, or mailing a fraudulent mail-in ballot application … (and) the false execution of a mail-in ballot is a class one election offense” and authorizes the prosecuting attorney or the attorney general to prosecute any false execution of a mail-in ballot.
Voters who apply for a mail-in ballot must be provided with one within three days of their application being received, and no “information which encourages a vote for or against a candidate or issue” can be included with the ballot. The mail-in ballots must be returned by mail by the closing of the polls on election day; ballots received after that point will not be counted.
Both the absentee and mail-in provisions of the law expire on Dec. 31. 2020.
Legislation can be read in full online on the Missouri Senate website at www.senate.mo.gov. On the main page, click on the “Legislation” tab, and on that page, click on the link “Governor’s Actions on Truly Agreed Bills.”