306.118. Aggravated, chronic, persistent, and prior offenders--enhanced penalties--procedures.
Aggravated, chronic, persistent, and prior offenders--enhancedpenalties--procedures.
306.118. 1. For purposes of this section, unless the context clearlyindicates otherwise, the following terms mean:
(1) "Aggravated offender", a person who:
(a) Has pleaded guilty to or has been found guilty of three or moreintoxication-related boating offenses; or
(b) Has pleaded guilty to or has been found guilty of one or moreintoxication-related boating offenses and any of the following:involuntary manslaughter under subsection 3 of section 306.111; assaultwith a vessel in the second degree under subsection 4 of section 306.111,or assault of a law enforcement officer in the second degree undersubdivision (4) of subsection 1 of section 565.082, RSMo;
(2) "Chronic offender":
(a) A person who has pleaded guilty to or has been found guilty offour or more intoxication-related boating offenses; or
(b) A person who has pleaded guilty to or has been found guilty of,on two or more separate occasions, any combination of the following:involuntary manslaughter under subsection 3 of section 306.111; assaultwith a vessel in the second degree under subsection 4 of section 306.111;or assault of a law enforcement officer in the second degree undersubdivision (4) of subsection 1 of section 565.082, RSMo; or
(c) A person who has pleaded guilty to or has been found guilty oftwo or more intoxication-related boating offenses and any of the following:involuntary manslaughter under subsection 3 of section 306.111; assaultwith a vessel in the second degree under subsection 4 of section 306.111;or assault of a law enforcement officer in the second degree undersubdivision (4) of subsection 1 of section 565.082, RSMo;
(3) "Intoxication-related boating offense", operating a vessel whileintoxicated under subsection 2 of section 306.111; operating a vessel withexcessive blood alcohol content under section 306.112; involuntarymanslaughter under subsection 3 of section 306.111; assault with a vesselin the second degree under subsection 4 of section 306.111; any violationof subsection 2 of section 306.110; or assault of a law enforcement officerin the second degree under subdivision (4) of subsection 1 of section565.082, RSMo;
(4) "Persistent offender", one of the following:
(a) A person who has pleaded guilty to or has been found guilty oftwo or more intoxication-related boating offenses;
(b) A person who has pleaded guilty to or has been found guilty ofinvoluntary manslaughter under subsection 3 of section 306.111, assault inthe second degree under subsection 4 of section 306.111, assault of a lawenforcement officer in the second degree under subdivision (4) ofsubsection 1 of section 565.082, RSMo;
(5) "Prior offender", a person who has pleaded guilty to or has beenfound guilty of one intoxication-related boating offense, where such prioroffense occurred within five years of the occurrence of theintoxication-related boating offense for which the person is charged.
2. Any person who pleads guilty to or is found guilty of a violationof subsection 2 of section 306.110, section 306.111, or section 306.112,who is alleged and proved to be a prior offender shall be guilty of a classA misdemeanor.
3. Any person who pleads guilty to or is found guilty of a violationof subsection 2 of section 306.110, section 306.111, or section 306.112,who is alleged and proved to be a persistent offender shall be guilty of aclass D felony.
4. Any person who pleads guilty to or is found guilty of a violationof subsection 2 of section 306.110, section 306.111, or section 306.112,who is alleged and proved to be an aggravated offender shall be guilty of aclass C felony.
5. Any person who pleads guilty to or is found guilty of a violationof subsection 2 of section 306.110, section 306.111, or section 306.112 whois alleged and proved to be a chronic offender shall be guilty of a class Bfelony.
6. No state, county, or municipal court shall suspend the impositionof sentence as to a prior offender, persistent offender, aggravatedoffender, or chronic offender under this section, nor sentence such personto pay a fine in lieu of a term of imprisonment, notwithstanding theprovisions of section 557.011, RSMo, to the contrary notwithstanding. Noprior offender shall be eligible for parole or probation until he or shehas served a minimum of five days imprisonment, unless as a condition ofsuch parole or probation such person performs at least thirty days ofcommunity service under the supervision of the court in those jurisdictionswhich have a recognized program for community service. No persistentoffender shall be eligible for parole or probation until he or she hasserved a minimum of ten days imprisonment, unless as a condition of suchparole or probation such person performs at least sixty days of communityservice under the supervision of the court. No aggravated offender shallbe eligible for parole or probation until he or she has served a minimum ofsixty days imprisonment. No chronic offender shall be eligible for paroleor probation until he or she has served a minimum of two yearsimprisonment.
7. The state, county, or municipal court shall find the defendant tobe a prior offender, persistent offender, aggravated offender, or chronicoffender 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 offender, persistent offender,aggravated offender, or chronic offender; and
(2) Evidence is introduced that establishes sufficient facts pleadedto warrant a finding beyond a reasonable doubt the defendant is a prioroffender, persistent offender, aggravated offender, or chronic 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 offender,persistent offender, aggravated offender, or chronic offender.
8. In a jury trial, the facts shall be pleaded, established and foundprior to submission to the jury outside of its hearing.
9. 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.
10. The defendant shall be accorded full rights of confrontation andcross-examination, with the opportunity to present evidence, at suchhearings.
11. The defendant may waive proof of the facts alleged.
12. Nothing in this section shall prevent the use of presentenceinvestigations or commitments.
13. At the sentencing hearing both the state, county, or municipalityand the defendant shall be permitted to present additional informationbearing on the issue of sentence.
14. The pleas or findings of guilt* shall be prior to the date ofcommission of the present offense.
15. The court shall not instruct the jury as to the range ofpunishment or allow the jury, upon a finding of guilt*, to assess anddeclare the punishment as part of its verdict in cases of prior offenders,persistent offenders, aggravated offenders, or chronic offenders.
(L. 2008 H.B. 1715)*Word "guilty" appears in original rolls.