HCS HB 774 -- SEXUALLY VIOLENT PREDATORS

SPONSOR:  Smith (Hosmer)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Civil and
Administrative Law by a vote of 15 to 0.

This substitute modifies the court procedures for determining
whether a person is a sexually violent predator for psychiatric
treatment and detainment or commitment purposes.  In its main
provisions, the substitute:

(1)  Clarifies the definition of "predatory" to ensure that
predatory acts against all individuals are included;

(2)  Lessens the judicial burden upon the filing of any petition
alleging that a person is a sexually violent predator.  The
judge is only required to determine if probable cause exists to
believe that the individual may meet the definition of a
predator, as opposed to the current burden of probable cause
that the person is a predator;

(3)  Allows the Attorney General to appeal any judge's refusal
to find any person to be a sexually violent predator and allows
the person to be held during the appeal;

(4)  Allows either party to request independent psychiatric
evaluations following the court's determination that a person is
a predator and allows the evaluator in the cases to determine
who may or may not be present at the evaluation; and

(5)  Requires courts to be open when a judicial determination of
a sexually violent predator is being made, except in child
victim cases.

FISCAL NOTE:  Not available at time of printing.

PROPONENTS:  Supporters say that the bill closes a loophole in
the current law, by amending the language regarding the type of
relationship between the sexual predator and the victim.
Current law also allows predators to escape, when probable cause
isn't found initially.  The bill allows the Attorney General to
appeal this finding and argue the issue in an expedited hearing.

Testifying for the bill were Representative Hosmer; and Attorney
General's Office.

OPPONENTS:  There was no opposition voiced to the committee.

Richard Smreker, Senior Legislative Analyst

Missouri House of Representatives
Last Updated November 26, 2001 at 11:45 am