State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T38 > C565 > 565_063

Prior and persistent domestic violenceoffenders--definitions--sentencing--procedure at trial--evidenceof prior convictions, proof, how heard--past history of domesticviolence, evidence admissible.

565.063. 1. As used in this section, the following terms mean:

(1) "Domestic assault offense":

(a) The commission of the crime of domestic assault in the firstdegree or domestic assault in the second degree; or

(b) The commission of the crime of assault in the first degree orassault in the second degree if the victim of the assault was a family orhousehold member;

(c) The commission of a crime in another state, or any federal,tribal, or military offense which, if committed in this state, would be aviolation of any offense listed in paragraph (a) or (b) of thissubdivision;

(2) "Family" or "household member", spouses, former spouses, adultsrelated by blood or marriage, adults who are presently residing together orhave resided together in the past and adults who have a child in commonregardless of whether they have been married or have resided together atany time;

(3) "Persistent domestic violence offender", a person who has pleadedguilty to or has been found guilty of two or more domestic assaultoffenses, where such two or more offenses occurred within ten years of theoccurrence of the domestic assault offense for which the person is charged;and

(4) "Prior domestic violence offender", a person who has pleadedguilty to or has been found guilty of one domestic assault offense, wheresuch prior offense occurred within five years of the occurrence of thedomestic assault offense for which the person is charged.

2. No court shall suspend the imposition of sentence as to a prior orpersistent domestic violence offender pursuant to this section nor sentencesuch person to pay a fine in lieu of a term of imprisonment, section557.011, RSMo, to the contrary notwithstanding, nor shall such person beeligible for parole or probation until such person has served a minimum ofsix months' imprisonment.

3. The court shall find the defendant to be a prior domestic violenceoffender or persistent domestic violence offender, if:

(1) The indictment or information, original or amended, or theinformation in lieu of an indictment pleads all essential facts warrantinga finding that the defendant is a prior domestic violence offender orpersistent domestic violence offender; and

(2) Evidence is introduced that establishes sufficient facts pleadedto warrant a finding beyond a reasonable doubt the defendant is a priordomestic violence offender or persistent domestic violence offender; and

(3) The court makes findings of fact that warrant a finding beyond areasonable doubt by the court that the defendant is a prior domesticviolence offender or persistent domestic violence offender.

4. In a jury trial, such facts shall be pleaded, established andfound prior to submission to the jury outside of its hearing.

5. In a trial without a jury or upon a plea of guilty, the court maydefer the proof in findings of such facts to a later time, but prior tosentencing.

6. The defendant shall be accorded full rights of confrontation andcross-examination, with the opportunity to present evidence, at suchhearings.

7. The defendant may waive proof of the facts alleged.

8. Nothing in this section shall prevent the use of presentenceinvestigations or commitments.

9. At the sentencing hearing both the state and the defendant shallbe permitted to present additional information bearing on the issue ofsentence.

10. The pleas or findings of guilty shall be prior to the date ofcommission of the present offense.

11. The court shall not instruct the jury as to the range ofpunishment or allow the jury, upon a finding of guilty, to assess anddeclare the punishment as part of its verdict in cases of prior domesticviolence offenders or persistent domestic violence offenders.

12. Evidence of prior convictions shall be heard and determined bythe trial court out of the hearing of the jury prior to the submission ofthe case to the jury, and shall include but not be limited to evidence ofconvictions received by a search of the records of the Missouri uniform lawenforcement system maintained by the Missouri state highway patrol. Afterhearing the evidence, the court shall enter its findings thereon.

13. Evidence of similar criminal convictions of domestic violencepursuant to this chapter, chapter 566, RSMo, or chapter 568, RSMo, withinfive years of the offense at issue, shall be admissible for the purposes ofshowing a past history of domestic violence.

14. Any person who has pleaded guilty to or been found guilty of aviolation of section 565.072 shall be sentenced to the authorized term ofimprisonment for a class A felony if the court finds the offender is aprior domestic violence offender. The offender shall be sentenced to theauthorized term of imprisonment for a class A felony which term shall beserved without probation or parole if the court finds the offender is apersistent domestic violence offender or the prior domestic violenceoffender inflicts serious physical injury on the victim.

15. Any person who has pleaded guilty to or been found guilty of aviolation of section 565.073 shall be sentenced:

(1) To the authorized term of imprisonment for a class B felony ifthe court finds the offender is a prior domestic violence offender; or

(2) To the authorized term of imprisonment for a class A felony ifthe court finds the offender is a persistent domestic violence offender.

(L. 1998 H.B. 1918 §§ 1, 2, B, A.L. 2000 H.B. 1677, et al., A.L. 2009 H.B. 62)