HCS HB 563 & 378 -- SEXUAL CRIMES

SPONSOR:  Hosmer (Monaco)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Criminal
Law by a vote of 13 to 0.

This substitute makes various changes to laws relating to sexual
crimes.  In its main provisions, the substitute:

(1)  Eliminates the statute of limitations for prosecuting
forcible rape, attempted forcible rape, and forcible sodomy.
This section has an emergency clause;

(2)  Allows certain sexual-crime defendants to be physically
excluded from the room in which child victims are being deposed;

(3)  Adds statutory rape and statutory sodomy when the victim is
less than 12 years old to the definition of "dangerous felony"
as used in the criminal code;

(4)  Removes information relating to future contemplated crimes
from the privilege accorded between probation or parole
personnel and defendants;

(5)  Revises the crime of child molestation in the first degree
by increasing the punishment to a class A felony for persons who
have pled guilty to or been convicted of an offense in another
state which would have been a Chapter 566, RSMo, sexual crime in
Missouri;

(6)  Redefines the crime of child molestation in the second
degree to apply to persons over 21 years who subject persons
under 16 years to sexual contact.  Current law applies to all
persons who subject persons under 17 years to sexual contact;

(7)  Changes the punishment for child molestation in the second
degree from a class A misdemeanor to a class D felony, unless
the defendant has previously pled guilty to or been convicted of
a Chapter 566 sexual crime in Missouri or a similar crime in
another jurisdiction, in which case it is a class C felony;

(8)  Creates the crimes of child molestation in the third and
fourth degrees, defines the crimes, and details their range of
punishments;

(9)  Allows the punishments to be enhanced for the crimes of
sexual misconduct involving a child and sexual misconduct in the
first and second degrees if the defendant pled guilty to or was
convicted of a similar crime in another jurisdiction; and

(10)  Adds individuals convicted of certain child-related sexual
crimes, robbery, and burglary to the list of persons who must
submit a blood or scientifically accepted biological sample for
purposes of DNA profiling analysis.

FISCAL NOTE:  Not available at time of printing.

PROPONENTS:  Supporters say that the bill will ensure that
forcible rape and forcible sodomy, which carry penalties equal
to and in some cases more severe than a class A felony, are
treated like class A felonies; in which case no statute of
limitations will exist for these crimes.  New technology such as
DNA testing enables evidence for these crimes to be used long
after a crime was committed.  In addition, supporters stated the
need for the additional protections for children that are
included in the bill, such as allowing exclusion of the alleged
perpetrator while a child is deposed in certain cases and
enacting additional child molestation penalties.

Testifying for the bill were Representatives Monaco and Fraser;
Jackson County Prosecutor's Office; and Concerned Women for
America, Missouri Chapter.

OPPONENTS:  There was no opposition voiced to the committee.

Greg Linhares, Legislative Analyst

Missouri House of Representatives
Last Updated November 26, 2001 at 11:44 am