CCS SS HCS HB 1055 -- CRIMES

This bill changes the laws regarding sexual offenses, assault on
law enforcement officers, and the payment of restitution for
criminal offenses.

In the provisions regarding sexual offenses, the bill:

(1)  Makes possession of child pornography a class D felony for a
first offense and a class C felony for any subsequent offense.
Under current law, it is a class A misdemeanor for a first
offense and a class D felony for a second or subsequent offense;

(2)  Makes the crime of furnishing pornographic material to
minors a class D felony when the offender has a prior conviction
for a violation of Chapters 566, 568, or 573, RSMo.  Under
current law, the crime is a class D felony only upon a second or
subsequent conviction for the offense;

(3)  Adds several pornography offenses to the list of crimes
which require a person to register as a sexual offender;

(4)  Clarifies that a plea of nolo contendere is considered the
same as a plea of guilty in terms of the sex offender registry;

(5)  Requires sex offenders to successfully complete a sex
offender treatment program.  Current law requires only that the
offenders participate in the program;

(6)  Prohibits any person who has been convicted of certain
sex-related crimes from residing within 1,000 feet of a school or
a child care facility.  Violation of the provision is a class D
felony.  A second or subsequent offense is a class B felony.  If
a school or child care facility is opened within 1,000 feet of
where an offender already resides, the person must notify the
sheriff of this fact within one week.  Failure to do so is a
class A misdemeanor.  A subsequent offense is a class D felony;

(7)  Makes it a class D felony to fail to register as a sex
offender when the person has been convicted of a sex crime which
is an unclassified felony, a class A felony, a class B felony, or
any felony involving a child under the age of 14.  A second or
subsequent offense is a class C felony.  Under current law, the
first offense is a class A misdemeanor, and a second or
subsequent offense is a class D felony;

(8)  Allows sheriffs to collect a fee from sex offenders at the
time of the offender's registration.  At the offender's initial
registration, the fee can be up to $10.  For every subsequent
change in registration, the fee is $5;

(9)  Requires probation and parole officers who are assigned to a
registered sex offender to notify the sheriff when learning of
the sex offender's intent to change residency.  The officer must
also notify the offender of his or her duty to register upon
changing residency.  The bill clarifies that the term "probation
officer" includes any private entity providing probation
supervision services;

(10)  Expands the crime of sexual misconduct in the second degree
to include when a person has sexual contact while in a public
place in the presence of another person;

(11)  Expands the crime of sexual misconduct in the third degree
to include when a person requests another person to engage in
sexual conduct while in a public place in the presence of another
person;

(12)  Lengthens the statute of limitation for most sexual
offenses in which the victim is age 18 or younger.  Under current
law, the statute of limitation is 10 years after the victim
reaches age 18.  The bill lengthens the limitation to 20 years
after the victim reaches age 18.  The limitation applies to all
sexual offenses in which the victim is under the age of 18,
except for the crimes of rape and sodomy for which there is no
statute of limitation;

(13)  Adds child pornography to the list of crimes involving
children that may be investigated by the State Technical
Assistance Team within the Department of Social Services;

(14)  Lengthens the statute of limitation on civil claims for
damages caused by sexual abuse suffered as a child.  Under
current law, a claim must be brought within three years from the
date the victim should have discovered the injury or illness or
within five years of the victim's eighteenth birthday, whichever
occurs later.  The bill lengthens the time to within 10 years
from the victim's twenty-first birthday; and

(15)  Prohibits persons providing sexual offender assessment
services from being related within the third degree of
consanguinity to anyone who has a financial interest in a private
sexual offender treatment program.

The crime of assault on a law enforcement officer is revised.
The bill makes it a class C felony when a person:

(1)  Knowingly causes physical injury to a law enforcement
officer by means other than a deadly weapon;

(2)  Acts with criminal negligence and causes physical injury to
a law enforcement officer by means of a deadly weapon. Under
current law, this crime is a class A misdemeanor;

(3)  Acts with criminal negligence and creates a substantial risk
of death or serious physical injury to a law enforcement officer.
Under current law, this crime is a class A misdemeanor; and

(4)  Purposely or recklessly places a law enforcement officer in
apprehension of immediate serious physical injury.  Under current
law, this crime is a class A misdemeanor, though the immediate
physical injury need not be serious.

A mechanism for county law enforcement agencies to receive
restitution from criminals is created.  The bill allows counties
to establish by ordinance the county law enforcement restitution
fund, to defray some of the costs incurred by law enforcement
agencies.  In those counties where the fund is established, the
court may order the offender to pay restitution up to $300 to the
fund for any offense.  The court cannot order restitution to the
fund for infractions, class C misdemeanors, or certain traffic
offenses.  The court may revoke probation if, after a hearing,
the court determines the defendant willfully refused to pay or
willfully failed to make sufficient efforts to acquire the
resources to make the payment.  The fund may only be used for
specified law enforcement expenditures and will be supervised by
a board of five trustees appointed by certain county officials.
The bill prohibits county commissions from reducing any law
enforcement agency's budget as a result of the funds received for
restitution.  The judge cannot have any authority over the
administration of the fund, and it is subject to an audit.

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:14 am