Missouri Evidence in Sexual Crimes Against Minors, Amendment 2 (2014)
|Referred by:||Missouri State Legislature|
|Topic:||Civil and criminal trials|
|Status:||On the ballot|
If passed, the measure, which is sponsored by Rep. John McCaherty (R-97), would allow relevant evidence of prior criminal acts to be admissible in court in prosecutions for sexual crimes involving a victim under 18 years old.
Text of measure
The full text of the proposed amendment can be found here.
The following language will appear on the ballot on election day:
|“|| Official Ballot Title: Shall the Missouri Constitution be amended so that it will be permissible to allow relevant evidence of prior criminal acts to be admissible in prosecutions for crimes of a sexual nature involving a victim under eighteen years of age? If more resources are needed to defend increased prosecutions additional costs to governmental entities could be at least $1.4 million annually, otherwise the fiscal impact is expected to be limited.
Fair Ballot Language: A “yes” vote will amend the Missouri Constitution to allow evidence of prior criminal acts, whether charged or uncharged, to be considered by courts in prosecutions of sexual crimes that involve a victim under eighteen years of age. The amendment limits the use of such prior acts to support the victim’s testimony or show that the person charged is more likely to commit the crime. Further, the judge may exclude such prior acts if the value of considering them is substantially outweighed by the possibility of unfair prejudice to the person charged with committing the crime. A “no” vote will not amend the Missouri Constitution regarding the use of evidence of prior criminal acts to prosecute sexual crimes.
If passed, this measure will have no impact on taxes.
|Preamble • I • II • III • IV • V • VI • VII • VIII • IX • X • XI • XII • XIII|
This bill was sponsored by Rep. John McCaherty in the legislature, when it was known as House Joint Resolution 16.
Path to the ballot
- See also Amending the Missouri Constitution
Proposed amendments must be agreed to by a majority of the members of each chamber of the Missouri General Assembly. HJR 16 was passed by the House on March 7, 2013, and it was passed in the Senate on May 16, 2013.
|Missouri Evidence in Sexual Crimes against Minors, HJR 16 House Vote|
|Missouri Evidence in Sexual Crimes against Minors, HJR 16 Senate Vote|
- Missouri 2014 ballot measures
- 2014 ballot measures
- List of Missouri ballot measures
- Missouri Legislature
- ↑ 1.0 1.1 1.2 OpenStates.org, "HJR 16: Missouri House Joint Resolution," accessed July 26, 2013
- ↑ 2.0 2.1 Missouri Secretary of State, "2014 Ballot Measures," accessed July 26, 2013
- ↑ Fenton-HighRidgePatch.com, "Protecting Child Victims of Sexual Abuse (HJR 16) Passes General Assembly!," May 21, 2013
- ↑ Evidence Law and Advocacy, "Chapter 7: Propensity Evidence," accessed July 26, 2013
- ↑ Missouri House, "97th General Assembly , 1st Regular Session: Activity History for HJR 16," accessed August 1, 2013
State of Missouri
Jefferson City (capital)
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