HOUSE BILL NO. 2708 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE HOVIS.
6229H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 221.111, RSMo, and to enact in lieu thereof one new section relating to the possession of unlawful items in a prison or jail, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 221.111, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 221.111, to read as follows: 221.111. 1. A person commits the offense of possession of unlawful items in a prison 2 or jail if such person knowingly delivers, attempts to deliver, possesses, deposits, or conceals 3 in or about the premises of any correctional center as the term "correctional center" is defined 4 under section 217.010, or any city, county, or private jail: 5 (1) Any controlled substance as that term is defined by law, except upon the written 6 or electronic prescription of a licensed physician, dentist, or veterinarian; 7 (2) Any other alkaloid of any kind or any intoxicating liquor as the term intoxicating 8 liquor is defined in section 311.020; 9 (3) Any article or item of personal property which a prisoner is prohibited by law, by 10 rule made pursuant to section 221.060, or by regulation of the department of corrections from 11 receiving or possessing, except as herein provided; 12 (4) Any gun, knife, weapon, or other article or item of personal property that may be 13 used in such manner as to endanger the safety or security of the institution or as to endanger 14 the life or limb of any prisoner or employee thereof; 15 (5) Any unauthorized portable electronic communication device that is used to 16 initiate, receive, store, or view communication, information, images, or data. Such 17 electronic communication devices shall include, but not be limited to, cellular
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 2708 2
18 telephones, portable telephones, text messaging devices, personal digital assistants, 19 pagers, broadband personal communication devices, electronic devices with mobile data 20 access, and any substantially similar device that is used to initiate or receive 21 communication or store and review information, videos, images, or data. 22 2. The violation of subdivision (1) of subsection 1 of this section shall be a class D 23 felony; the violation of subdivision (2) of this section shall be a class E felony; the violation 24 of subdivision (3) of this section shall be a class A misdemeanor; [and] the violation of 25 subdivision (4) of this section shall be a class B felony; and the violation of subdivision (5) 26 of this section shall be a class D felony. 27 3. The chief operating officer of a county or city jail or other correctional facility or 28 the administrator of a private jail may deny visitation privileges to or refer to the county 29 prosecuting attorney for prosecution any person who knowingly delivers, attempts to deliver, 30 possesses, deposits, or conceals in or about the premises of such jail or facility any personal 31 item which is prohibited by rule or regulation of such jail or facility. Such rules or 32 regulations, including a list of personal items allowed in the jail or facility, shall be 33 prominently posted for viewing both inside and outside such jail or facility in an area 34 accessible to any visitor, and shall be made available to any person requesting such rule or 35 regulation. Violation of this subsection shall be an infraction if not covered by other statutes. 36 4. Any person who has been found guilty of a violation of subdivision (2) of 37 subsection 1 of this section involving any alkaloid shall be entitled to expungement of the 38 record of the violation. The procedure to expunge the record shall be pursuant to section 39 610.123. The record of any person shall not be expunged if such person has been found 40 guilty of knowingly delivering, attempting to deliver, possessing, depositing, or concealing 41 any alkaloid of any controlled substance in or about the premises of any correctional center, 42 or city or county jail, or private prison or jail. ✔
Statutes affected: