CCS SS SCS HCS HB 1698, 1236, 995, 1362 & 1290 -- SEXUAL
OFFENDERS

This bill changes the laws regarding sexual offenders.  In its
main provisions, the bill:

(1)  Requires the State Highway Patrol to operate a toll-free
telephone number to disseminate information regarding individuals
registered as sexual offenders;

(2)  Requires sexual offenders to provide law enforcement
officials the date of their birth; their physical description and
that of their vehicles; nature and dates of the offenses
requiring the offender to register; and the date on which the
offender was released from the Department of Health and Senior
Services, prison, or jail or placed on parole, supervised
release, or probation;

(3)  Requires a licensed health care professional who delivers a
baby or performs an abortion to report prima facie evidence of
statutory rape or evidence that a patient was the victim of
sexual abuse;

(4)  Establishes procedures for search warrants and subpoenas
issued for records that are in the actual or constructive
possession of a foreign corporation which provides electronic
communication services, when those records would reveal the
identity of the customers using the service;

(5)  Allows the Board of Probation and Parole to access
information on the home computer of a registered sexual offender;

(6)  Expands the scope of defendants to whom bail is unavailable
to include defendants who have pled guilty to or been found
guilty of any sexual offense under Chapters 566, 568, or 573,
RSMo, if the victim was younger than 17 years of age when the
crime was committed.  Currently, bail is not available to
defendants under a sentence of death or imprisonment for life;

(7)  Adds child kidnaping to the list of dangerous felony
offenses;

(8)  Increases the term of imprisonment for a persistent sexual
offender from not less than 30 years to the duration of his or
her natural life;

(9)  Specifies that consent is not an affirmative defense to any
offense in Chapter 566 if the alleged victim is younger than 12
years of age;

(10)  Increases the penalty from a minimum of five years'
imprisonment to a minimum of 30 years for the crimes of forcible
rape and forcible sodomy if the victim is younger than 12 years
of age.  No person found guilty of or pleading guilty to forcible
rape, attempted forcible rape, forcible sodomy, or attempted
forcible sodomy will be granted a suspended imposition of
sentence or suspended execution of sentence;

(11)  Creates the crimes of attempting to commit statutory rape
and attempting to commit statutory sodomy;

(12)  Requires that a person who commits child molestation in the
first degree will be ineligible for probation or parole when the
victim is younger than 12 years of age and the person has
previously been convicted of a sexual offense, inflicts a serious
injury, or displays a deadly weapon;

(13)  Expands the crime of sexual contact with a student to
include sexual contact with a student of a public school while on
public school property by a student teacher, employee of the
school, volunteer of the school or of an organization working
with the school on a project or program, or a person employed by
an entity that contracts with a public school district to provide
services;

(14)  Eliminates the act of having deviate sexual intercourse
with a person of the same sex from the crime of sexual misconduct
in the first degree;

(15)  Expands the crime of sexual contact with a prisoner or
offender to include a probation and parole officer who has sexual
intercourse or deviate sexual intercourse with an offender who is
under the direct supervision of the officer;

(16)  Specifies that no sexual offender will be present or loiter
within 500 feet of the real property of any school or in any
conveyance owned, leased, or contracted by a school when children
younger than 18 years of age are present unless the offender is a
parent, legal guardian, or custodian of the child and has
obtained permission from the school administration;

(17)  Increases the penalty for the crimes of enticement of a
child and attempting to commit enticement of a child to a term of
imprisonment of no less than five years and no more than 30
years;

(18)  Creates the crime of sexual trafficking of a child younger
than 12 years of age, a felony punishable by imprisonment for
life without eligibility for probation or parole until the
defendant has served at least 25 years;

(19)  Allows a court to order the dissolution or reorganization
of the corporation; the suspension or revocation of any license
or permit; or the surrender of its charter if it has been found
guilty of or has pled guilty to certain sexual offenses;

(20)  Creates the crime of promoting travel for prostitution, a
class C felony;

(21)  Prohibits travel agencies or charter tour operators from
selling, advertising, or offering to sell travel services or
tourism packages or from participating in activities that
solicit, encourage, or facilitate travel for the purpose of
engaging in prostitution.  Violation of this provision will
result in the revocation of the articles of incorporation of the
agency or operator;

(22)  Creates the crime of aiding a sexual offender, a class D
felony;

(23)  Removes from the sexual offender registry any person found
guilty of or who pled guilty or nolo contendere to nonsexual
child abuse or felonious restraint or kidnaping when the victim
was a child and he or she was the parent or guardian of the
child;

(24)  Allows any person to petition the court for the removal of
his or her name from the sexual offender registry after 10 years
from the date he or she was required to register when he or she
was found guilty of or pled guilty or nolo contendere to
promoting prostitution in the second or third degree, committing
a public display of sexual material, or committing statutory rape
in the second degree and no physical force or threat of physical
force was used in the commission of the crime;

(25)  Allows any person to petition the court for the removal of
his or her name from the sexual offender registry after two years
from when the person was found guilty or pled guilty or nolo
contendere to a sexual offense and was 19 years of age or younger
and the victim was 13 years of age or older at the time of the
offense and no physical force or threat of physical force was
used in the commission of the crime;

(26)  Requires a person seeking removal from the sexual offender
registry to notify the prosecuting attorney in the circuit court
in which the petition is filed.  Failure to notify the
prosecuting attorney will result in an automatic denial of the
person's petition.  If the petition is denied by the judge, the
person must wait at least 12 months before petitioning the court
again;

(27)  Requires each sexual offender registrant to report
semi-annually and provide an updated photograph of himself or
herself in the month of his or her birth to the chief law
enforcement agency in the county of his or her residence;

(28)  Specifies that a person who commits the crime of failing to
register or failing to comply with the registration requirements
will be guilty of a class A misdemeanor.  A second offense will
be a class D felony, and a third offense will be punishable by a
term of imprisonment of not less than 10 years and not more than
30 years;

(29)  Allows the court to conditionally release a person civilly
committed as a sexually violent predator if that person's mental
abnormality has changed so that the person is not likely to
commit acts of sexual violence if released;

(30)  Establishes a panel which will create a program to award
grants to multijurisdictional Internet cyber crime law
enforcement task forces and other law enforcement agencies for
the salaries of newly hired detectives and computer forensic
personnel who investigate Internet sex crimes against children.
The panel will include the Director of the Department of Public
Safety, two members appointed by the director from a list of
nominees submitted by the Missouri Police Chiefs Association, two
members appointed by the director from a list of nominees
submitted by the Missouri Sheriffs' Association, two members of
the State Highway Patrol appointed by the director from a list of
nominees submitted by the Missouri State Troopers Association,
one member of the House of Representatives appointed by the
Speaker, and one member of the Senate appointed by the President
Pro Tem.  This provision will expire six years from the effective
date; and

(31)  Requires the Department of Corrections to notify the State
Highway Patrol of any offender who is required to be
electronically monitored.

The bill contains an emergency clause, except for subsections 3,
6, 7, 8, 9, and 11 of Section 589.400 which have an August 28,
2006 effective date.

Missouri House of Representatives
93rd General Assembly, 2nd Regular Session
Last Updated November 29, 2006 at 9:44 am