SECOND REGULAR SESSION
92ND GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES DIXON (Sponsor), BOUGH, JOLLY, WOOD, SCHNEIDER, LEMBKE, WILDBERGER, WITTE, WILSON (130), RUESTMAN, VIEBROCK, SUTHERLAND, DEMPSEY, YATES, LUETKEMEYER, PARKER, ICET, WRIGHT, MORRIS, ROARK, THRELKELD, MARSH, MAYER, NIEVES, BRUNS, BURNETT, DUSENBERG, KELLY (36), KELLY (144), SANDER, ST. ONGE, SWINGER, BIVINS AND MUCKLER (Co-sponsors).
Read 1st time February 4, 2004, and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
AN ACT
To repeal section 558.018, RSMo, and to enact in lieu thereof one new section relating to prior, persistent, and predatory sexual offenders, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 558.018, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 558.018, to read as follows:
558.018. 1. The court shall sentence a person who has pleaded guilty or nolo contendere to or has been found guilty of the felony of forcible rape, statutory rape in the first degree, forcible sodomy, statutory sodomy in the first degree or an attempt to commit any of the crimes designated in this subsection to an extended term of imprisonment if it finds the defendant is a [persistent] prior sexual offender.
2. A "[persistent] prior sexual offender" is one who has previously pleaded guilty or nolo contendere to or has been found guilty of the felony of forcible rape, rape, statutory rape in the first degree, forcible sodomy, sodomy, statutory sodomy in the first degree or an attempt to commit any of the crimes designated in this subsection.
3. The term of imprisonment for one found to be a [persistent] prior sexual offender shall be not less than thirty years, which term shall be served without probation or parole.
4. The court shall sentence a person who has pleaded guilty or nolo contendere to or has been found guilty of the felony of forcible rape, statutory rape in the first degree, forcible sodomy, statutory sodomy in the first degree, or an attempt to commit any of the preceding crimes or child molestation in the first degree when classified as a class B felony or sexual abuse when classified as a class B felony to an extended term of imprisonment as provided for in this section if it finds the defendant is a [predatory] persistent sexual offender.
5. For purposes of this section, a "[predatory] persistent sexual offender" is a person who:
(1) Has previously pleaded guilty or nolo contendere to or has been found guilty of the felony of forcible rape, rape, statutory rape in the first degree, forcible sodomy, sodomy, statutory sodomy in the first degree, or an attempt to commit any of the preceding crimes or child molestation in the first degree when classified as a class B felony or sexual abuse when classified as a class B felony; or
(2) Has previously committed an act which would constitute an offense listed in subsection 4 of this section, whether or not the act resulted in a conviction; or
(3) Has committed an act or acts against more than one victim which would constitute an offense or offenses listed in subsection 4 of this section, whether or not the defendant was charged with an additional offense or offenses as a result of such act or acts.
6. A person found to be a [predatory] persistent sexual offender shall be imprisoned for life with eligibility for parole, however subsection 4 of section 558.019 shall not apply to persons found to be [predatory] persistent sexual offenders for the purposes of determining the minimum prison term or the length of sentence as defined or used in such subsection. Notwithstanding any other provision of law, in no event shall a person found to be a [predatory] persistent sexual offender receive a final discharge from parole.
7. Notwithstanding any other provision of law, the court shall set the minimum time required to be served before a [predatory] persistent sexual offender is eligible for parole, conditional release or other early release by the department of corrections. The minimum time to be served by a person found to be a [predatory] persistent sexual offender who:
(1) Has previously pleaded guilty or nolo contendere to or has been found guilty of the felony of forcible rape, rape, statutory rape in the first degree, forcible sodomy, sodomy, statutory sodomy in the first degree, or an attempt to commit any of the preceding crimes and pleads guilty or nolo contendere to or is found guilty of the felony of forcible rape, statutory rape in the first degree, forcible sodomy, statutory sodomy in the first degree or an attempt to commit any of the preceding crimes shall be any number of years but not less than thirty years;
(2) Has previously pleaded guilty or nolo contendere to or has been found guilty of child molestation in the first degree when classified as a class B felony or sexual abuse when classified as a class B felony and pleads guilty or nolo contendere to or is found guilty of attempting to commit or committing forcible rape, statutory rape in the first degree, forcible sodomy or statutory sodomy in the first degree shall be any number of years but not less than fifteen years;
(3) Has previously pleaded guilty or nolo contendere to or has been found guilty of the felony of forcible rape, rape, statutory rape in the first degree, forcible sodomy, sodomy, statutory sodomy in the first degree, or an attempt to commit any of the preceding crimes and pleads guilty or nolo contendere to or is found guilty of child molestation in the first degree when classified as a class B felony or sexual abuse when classified as a class B felony shall be any number of years but not less than fifteen years;
(4) Has previously pleaded guilty or nolo contendere to or has been found guilty of child molestation in the first degree when classified as a class B felony or sexual abuse when classified as a class B felony, and pleads guilty or nolo contendere to or is found guilty of child molestation in the first degree when classified as a class B felony or sexual abuse when classified as a class B felony shall be any number of years but not less than fifteen years;
(5) Is found to be a [predatory] persistent sexual offender pursuant to subdivision (2) or (3) of subsection 5 of this section shall be any number of years within the range to which the person could have been sentenced pursuant to the applicable law if the person was not found to be a [predatory] persistent sexual offender.
8. The court shall sentence a person to an extended term of imprisonment if it finds that such person is a predatory sexual offender and such person pleads guilty or nolo contendere to or is found guilty of any of the following offenses when classified as felonies or an attempt to commit any of those same felony offenses:
(1) Any felony offense of chapter 566, RSMo;
(2) Promoting prostitution in the first degree, promoting prostitution in the second degree, promoting prostitution in the third degree, pursuant to chapter 567, RSMo;
(3) Incest, endangering the welfare of a child pursuant to subdivision (2) of subsection 1 of section 568.045, RSMo, abuse of a child pursuant to subdivision (2) of subsection 1 of section 568.060, RSMo, genital mutilation, use of a child in a sexual performance, promoting a sexual performance, pursuant to chapter 568, RSMo; or
(4) Promoting obscenity in the first degree, sexual exploitation of a minor, promoting child pornography in the first degree, promoting pornography for minors or obscenity in the second degree, promoting child pornography in the second degree, possession of child pornography, furnishing pornographic material to minors, public display of explicit sexual material, coercing acceptance of obscene material, pursuant to chapter 573, RSMo.
9. A "predatory sexual offender" is one who has previously pleaded guilty or nolo contendere to or has been found guilty of two or more of the following felony sexual offenses or an attempt to commit any of those same felony offenses:
(1) Any felony offense of chapter 566, RSMo;
(2) Promoting prostitution in the first degree, promoting prostitution in the second degree, promoting prostitution in the third degree, pursuant to chapter 567, RSMo;
(3) Incest, endangering the welfare of a child pursuant to subdivision (2) of subsection 1 of section 568.045, RSMo, abuse of a child pursuant to subdivision (2) of subsection 1 of section 568.060, RSMo, genital mutilation, use of a child in a sexual performance, promoting a sexual performance, pursuant to chapter 568, RSMo; or
(4) Promoting obscenity in the first degree, sexual exploitation of a minor, promoting child pornography in the first degree, promoting pornography for minors or obscenity in the second degree, promoting child pornography in the second degree, possession of child pornography, furnishing pornographic material to minors, public display of explicit sexual material, coercing acceptance of obscene material, pursuant to chapter 573, RSMo.
10. The term of imprisonment for one found to be a predatory sexual offender shall be imprisonment for life without eligibility for probation or parole, or release except by act of the governor.
11. Notwithstanding any provision of law to the contrary, the department of corrections, or any division thereof, may not furlough an individual found to be and sentenced as a prior sexual offender, a persistent sexual offender, or a predatory sexual offender.