Missouri 195.275

Prior and persistent drug offenders, definitions, proof and pleadings, sentencing.

1. The following words or phrases as used in sections 195.005 to 195.425 have the following meanings, unless the context otherwise requires:

(1) "Prior drug offender", one who has previously pleaded guilty to or has been found guilty of any felony offense of the laws of this state, or of the United States, or any other state, territory or district relating to controlled substances;

(2) "Persistent drug offender", one who has previously pleaded guilty to or has been found guilty of two or more felony offenses of the laws of this state or of the United States, or any other state, territory or district relating to controlled substances.

2. Prior pleas of guilty and prior findings of guilty shall be pleaded and proven in the same manner as required by section 558.021, RSMo.

3. The court shall not instruct the jury as to the range of punishment or allow the jury, upon a finding of guilty, to assess and declare the punishment as part of its verdict in cases of prior drug offenders or persistent drug offenders.

4. The provisions of sections 195.285 to 195.296 shall not be construed to affect and may be used in addition to the sentencing provisions of sections 558.016 and 558.019, RSMo.

(L. 1989 S.B. 215 & 58)