SECOND REGULAR SESSION

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FORHOUSE BILLS NOS. 1698,

1236, 995, 1362 & 129093RD GENERAL ASSEMBLY

     Reported from the Committee on the Judiciary and Civil and Criminal Jurisprudence, May 2, 2006, with recommendation that the Senate Committee Substitute do pass.

TERRY L. SPIELER, Secretary.

4908S.09C

AN ACT

To repeal sections 43.650, 547.170, 556.061, 558.018, 559.100, 566.010, 566.030, 566.060, 566.067, 566.083, 566.086, 566.090, 566.145, 566.147, 566.151, 568.020, 568.060, 575.195, 589.400, 589.402, 589.403, 589.405, 589.407, 589.414, 589.425, 600.042, 632.484, 632.489, 632.495, 632.498, 632.501, 632.504, and 632.507, RSMo, and to enact in lieu thereof forty-three new sections relating to sexual offenders, with penalty provisions and an emergency clause.

Be it enacted by the General Assembly of the State of Missouri, as follows:

            Section A.  Sections 43.650, 547.170, 556.061, 558.018, 559.100, 566.010, 566.030, 566.060, 566.067, 566.083, 566.086, 566.090, 566.145, 566.147, 566.151, 568.020, 568.060, 575.195, 589.400, 589.402, 589.403, 589.405, 589.407, 589.414, 589.425, 600.042, 632.484, 632.489, 632.495, 632.498, 632.501, 632.504, and 632.507, RSMo, are repealed and forty-three new sections enacted in lieu thereof, to be known as sections 43.533, 43.650, 188.023, 351.609, 489.042, 544.025, 547.170, 556.061, 558.018, 559.100, 566.010, 566.030, 566.060, 566.067, 566.083, 566.086, 566.090, 566.145, 566.147, 566.149, 566.151, 566.213, 568.020, 568.060, 575.159, 575.195, 589.400, 589.402, 589.403, 589.405, 589.407, 589.414, 589.425, 600.042, 632.484, 632.489, 632.495, 632.498, 632.501, 632.504, 632.505, 632.507, and 650.120, to read as follows:

            43.533.  1.  The highway patrol shall, subject to appropriation, operate a toll-free telephone number in order to disseminate registration information provided by individuals who are required to register under sections 589.400 to 589.425, RSMo, and receive information from persons regarding the residency of a registered sexual offender.  The information available via the telephone number shall include only information that offenders are required to provide under section 589.407, RSMo.  When the highway patrol provides such information regarding a sexual offender, the patrol personnel shall advise the person making the inquiry that positive identification of a person believed to be a sexual offender cannot be established unless a fingerprint comparison is made, and that it is illegal to use such information regarding a registered sexual offender to facilitate the commission of a crime.  The toll-free telephone number shall be published on the highway patrol's sexual offender registry website maintained under section 43.650.

            2.  The patrol shall promulgate rules to effect the enforcement of this section.  Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo.  This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2006, shall be invalid and void.

            43.650.  1.  The patrol shall, subject to appropriation, maintain a web page on the Internet which shall be open to the public and shall include a registered sexual offender search capability.  

            2.  The registered sexual offender search shall make it possible for any person using the Internet to search for and find the information specified in [subdivisions (1) to (4) of subsection 4 of] this section, if known, on offenders registered in this state pursuant to sections 589.400 to 589.425, RSMo, except that only persons who have been convicted of, found guilty of or plead guilty to committing or attempting to commit sexual offenses shall be included on this web site.  

            3.  The registered sexual offender search shall include the capability to search for sexual offenders by name, zip code, and by typing in an address and specifying a search within a certain number of miles radius from that address.

            4.  Only the information listed in [subdivisions (1) to (4) of] this subsection shall be provided to the public in the registered sexual offender search:

            (1)  The name and any known aliases of the offender;

            (2)  The date of birth and any known alias dates of birth of the offender;

            (3)  A physical description of the offender;

            (4)  The [last known address] residence, temporary, work, and school addresses of the offender, including the street address, city, county, state, and zip code;

            [(3)  A photograph] (5)  Any photographs of the offender; [and

            (4)  The crime or crimes for which the offender was convicted that caused him or her to have to register.]

            (6)  A physical description of the offender's vehicles, including the year, make, model, color, and license plate number;

            (7)  The nature and dates of all offenses qualifying the offender to register;

            (8)  The date on which the offender was released from the department of mental health, prison, or jail, or placed on parole, supervised release, or probation for the offenses qualifying the offender to register; and

            (9)  Compliance status of the offender with the provisions of section 589.400 to 589.425, RSMo.

            188.023.  Any licensed health care professional who delivers a baby or performs an abortion, who has prima facie evidence that a patient has been the victim of statutory rape in the first degree or statutory rape in the second degree, or if the patient is under the age of eighteen, that he or she has been a victim of sexual abuse, including forcible rape, sexual assault, or incest, shall be required to report such offenses in the same manner as provided for by section 210.115, RSMo.

            351.609.  1.  For the purposes of this section, the following terms shall mean:

            (1)  "Adverse result", danger to the life or physical safety of an individual, a flight from prosecution, the destruction of or tampering with evidence, the intimidation of potential witnesses, or serious jeopardy to an investigation or undue delay of a trial that occurs as a result of the notification of a subpoena or search warrant.

            (2)  "Electronic communication services" and "remote computing services", the same meaning as provided by the Electronic Communications Privacy Act in Chapter 121 (commencing with Section 2701) of Part I of Title 18 of the United States Code Annotated, as amended.  This section shall not apply to corporations that do not provide electronic communication services or remote computing services to the general public.

            (3)  "Foreign corporation", the same meaning as defined in section 351.015, and in addition, those corporations organized under the laws of the United States government.

            (4)  "Missouri corporation", any corporation governed by the general and business corporation law of Missouri under the provisions of this chapter that files its articles of incorporation with the Missouri secretary of state and is issued a certificate of incorporation under section 351.060, RSMo.

            (5)  "Properly served", a subpoena or search warrant that has been delivered by hand, or in a manner reasonably allowing for proof of delivery by United States mail, overnight delivery service, or facsimile to any officer of a foreign corporation or its general manager in this state, or if the corporation is a bank to a cashier or an assistant cashier, or to any natural person designated by the foreign corporation as an agent for the service of process, or any person named in the latest certificate of the corporate agent if the corporation has designated such a corporate agent.  A copy of the statement and designation, or a copy of the latest statement filed and certified by the secretary of state is sufficient evidence of the appointment of an agent for the service of process.

            2.  The provisions of this section shall apply to any subpoena or search warrant issued to search for records that are in the actual or constructive possession of a foreign corporation that provides electronic communication services or remote computing services to the general public, where those records would reveal the identity of the customers using the service, data stored by, or on behalf of, the customer, the customer's usage of those services, the recipient or destination of communications sent to or from those customers, or the content of those communications.

            3.  When properly served with a subpoena or search warrant issued by a Missouri court, a foreign corporation shall provide to the peace officer to whom the subpoena or search warrant was issued, all records sought under the subpoena or search warrant within five business days of receipt, including any records maintained or located outside the state.

            4.  Where the peace officer to whom a subpoena or search warrant was issued makes a showing and the issuing judge finds that failure to produce records within five business days will cause an adverse result, the subpoena or search warrant may require production of records within less than five business days.  A court may reasonably extend the time required for production of the records upon finding that the foreign corporation has shown good cause for that extension and that an extension of time would not cause an adverse result.

            5.  A foreign corporation seeking to quash the subpoena or search warrant shall seek relief from the court that issued the subpoena or search warrant within the time required for production of records under this section.  The issuing court shall hear and decide that motion no later than five court days after the motion is filed.

            6.  The foreign corporation shall verify the authenticity of records that it produces by providing a verified affidavit.  Such records shall be admissible as evidence.

            7.  A Missouri corporation that provides electronic communication services or remote computing services to the general public, when served with a subpoena or search warrant issued by another state to produce records that reveal the identity of the customers using those services, data stored by, or on behalf of, the customer, the customer's usage of those services, the recipient or destination of communications sent to or from those customers, or the content of those communications, shall produce those records as if the subpoena or search warrant was issued by a court of this state.

            8.  No cause of action shall lie against any foreign corporation or Missouri corporation subject to this section, its officers, employees, agents, or other specified persons for providing records, information, facilities, or assistance in accordance with the terms of a subpoena or search warrant subject to this section.

            489.042.  The court or the board of probation and parole shall have the authority to require a person who is required to register as a sexual offender under sections 589.400 to 589.425, RSMo, to give his or her assigned probation or parole officer access to his or her personal home computer as a condition of probation or parole in order to monitor and prevent such offender from obtaining and keeping child pornography or from committing an offense under chapter 566, RSMo.  Such access shall allow the probation or parole officer to view the internet use history, computer hardware, and computer software of any computer, including a laptop computer, that the offender owns.

            544.025.  1.  When a victim of a sexual offense initially makes a report of such offense to a law enforcement officer or a prosecuting or circuit attorney, such law enforcement officer or prosecuting or circuit attorney shall endeavor to inform the victim that he or she has a right to request a no contact order be issued against the alleged perpetrator of the sexual offense and how the victim can obtain such an order.

            2.  When a judge issues an arrest warrant for a person alleged to have committed a sexual offense, regardless of whether or not the warrant is based on a complaint, indictment, or information, such judge shall, if it has been requested by the victim or victims, also enter an order at the same time stating that the defendant shall have no contact or communication of any kind, direct or indirect, with the alleged victim or victims.  The order shall remain in effect until the criminal case is concluded.  As used in this section "no contact or communication of any kind, direct or indirect" includes but is not limited to contact or communication in person, by writing, telephone, fax, e-mail, or any other type of electronic communication, and includes contact or communication through a third party or parties, except that the defendant may communicate through his or her attorney to the prosecuting or circuit attorney, or if the defendant does not have counsel, directly to the prosecuting or circuit attorney, any lawful request or legally necessary information which the prosecuting or circuit attorney may then relay to the victim, if appropriate. 

            3.  The court shall revoke the bond of any defendant who knowingly violates the no contact or communication provisions of subsection 2 of this section.

            547.170.  In all cases where an appeal or writ of error is prosecuted from a judgment in a criminal cause, except where the defendant is under sentence of death or imprisonment in the penitentiary for life, or a sentence of imprisonment for a violation of sections 195.222, RSMo, 565.021, RSMo, 565.050, RSMo, subsections 1 and 2 of section 566.030, 566.032, 566.040, 566.060, 566.062, 566.067, 566.070, 566.083, 566.100, 566.151, 566.212, 566.213, 568.080, 568.090, 573.023, 573.025, 573.035, 573.037, RSMo, any court or officer authorized to order a stay of proceedings under the preceding provisions may allow a writ of habeas corpus, to bring up the defendant, and may thereupon let him to bail upon a recognizance, with sufficient sureties, to be approved by such court or judge.

            556.061.  In this code, unless the context requires a different definition, the following shall apply:

            (1)  "Affirmative defense" has the meaning specified in section 556.056;

            (2)  "Burden of injecting the issue" has the meaning specified in section 556.051;

            (3)  "Commercial film and photographic print processor", any person who develops exposed photographic film into negatives, slides or prints, or who makes prints from negatives or slides, for compensation.  The term commercial film and photographic print processor shall include all employees of such persons but shall not include a person who develops film or makes prints for a public agency;

            (4)  "Confinement":

            (a)  A person is in confinement when such person is held in a place of confinement pursuant to arrest or order of a court, and remains in confinement until:

            a.  A court orders the person's release; or

            b.  The person is released on bail, bond, or recognizance, personal or otherwise; or

            c.  A public servant having the legal power and duty to confine the person authorizes his release without guard and without condition that he return to confinement;

            (b)  A person is not in confinement if:

            a.  The person is on probation or parole, temporary or otherwise; or

            b.  The person is under sentence to serve a term of confinement which is not continuous, or is serving a sentence under a work-release program, and in either such case is not being held in a place of confinement or is not being held under guard by a person having the legal power and duty to transport the person to or from a place of confinement;

            (5)  "Consent": consent or lack of consent may be expressed or implied.  Assent does not constitute consent if:

            (a)  It is given by a person who lacks the mental capacity to authorize the conduct charged to constitute the offense and such mental incapacity is manifest or known to the actor; or

            (b)  It is given by a person who by reason of youth, mental disease or defect, or intoxication, is manifestly unable or known by the actor to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense; or

            (c)  It is induced by force, duress or deception;

            (6)  "Criminal negligence" has the meaning specified in section 562.016, RSMo;

            (7)  "Custody", a person is in custody when the person has been arrested but has not been delivered to a place of confinement;

            (8)  "Dangerous felony" means the felonies of arson in the first degree, assault in the first degree, attempted forcible rape if physical injury results, attempted forcible sodomy if physical injury results, forcible rape, forcible sodomy, kidnaping, murder in the second degree, assault of a law enforcement officer in the first degree, domestic assault in the first degree, elder abuse in the first degree, robbery in the first degree, statutory rape in the first degree when the victim is a child less than twelve years of age at the time of the commission of the act giving rise to the offense, statutory sodomy in the first degree when the victim is a child less than twelve years of age at the time of the commission of the act giving rise to the offense, and, abuse of a child pursuant to subdivision (2) of subsection 3 of section 568.060, RSMo, and child kidnapping;

            (9)  "Dangerous instrument" means any instrument, article or substance, which, under the circumstances in which it is used, is readily capable of causing death or other serious physical injury;

            (10)  "Deadly weapon" means any firearm, loaded or unloaded, or any weapon from which a shot, readily capable of producing death or serious physical injury, may be discharged, or a switchblade knife, dagger, billy, blackjack or metal knuckles;

            (11)  "Felony" has the meaning specified in section 556.016;

            (12)  "Forcible compulsion" means either:

            (a)  Physical force that overcomes reasonable resistance; or

            (b)  A threat, express or implied, that places a person in reasonable fear of death, serious physical injury or kidnapping of such person or another person;

            (13)  "Incapacitated" means that physical or mental condition, temporary or permanent, in which a person is unconscious, unable to appraise the nature of such person's conduct, or unable to communicate unwillingness to an act.  A person is not incapacitated with respect to an act committed upon such person if he or she became unconscious, unable to appraise the nature of such person's conduct or unable to communicate unwillingness to an act, after consenting to the act;

            (14)  "Infraction" has the meaning specified in section 556.021;

            (15)  "Inhabitable structure" has the meaning specified in section 569.010, RSMo;

            (16)  "Knowingly" has the meaning specified in section 562.016, RSMo;

            (17)  "Law enforcement officer" means any public servant having both the power and duty to make arrests for violations of the laws of this state, and federal law enforcement officers authorized to carry firearms and to make arrests for violations of the laws of the United States;

            (18)  "Misdemeanor" has the meaning specified in section 556.016;

            (19)  "Offense" means any felony, misdemeanor or infraction;

            (20)  "Physical injury" means physical pain, illness, or any impairment of physical condition;

            (21)  "Place of confinement" means any building or facility and the grounds thereof wherein a court is legally authorized to order that a person charged with or convicted of a crime be held;

            (22)  "Possess" or "possessed" means having actual or constructive possession of an object with knowledge of its presence.  A person has actual possession if such person has the object on his or her person or within easy reach and convenient control.  A person has constructive possession if such person has the power and the intention at a given time to exercise dominion or control over the object either directly or through another person or persons.  Possession may also be sole or joint.  If one person alone has possession of an object, possession is sole.  If two or more persons share possession of an object, possession is joint;

            (23)  "Public servant" means any person employed in any way by a government of this state who is compensated by the government by reason of such person's employment, any person appointed to a position with any government of this state, or any person elected to a position with any government of this state. It includes, but is not limited to, legislators, jurors, members of the judiciary and law enforcement officers.  It does not include witnesses;

            (24)  "Purposely" has the meaning specified in section 562.016, RSMo;

            (25)  "Recklessly" has the meaning specified in section 562.016, RSMo;

            (26)  "Ritual" or "ceremony" means an act or series of acts performed by two or more persons as part of an established or prescribed pattern of activity;

            (27)  "Serious emotional injury", an injury that creates a substantial risk of temporary or permanent medical or psychological damage, manifested by impairment of a behavioral, cognitive or physical condition.  Serious emotional injury shall be established by testimony of qualified experts upon the reasonable expectation of probable harm to a reasonable degree of medical or psychological certainty;

            (28)  "Serious physical injury" means physical injury that creates a substantial risk of death or that causes serious disfigurement or protracted loss or impairment of the function of any part of the body;

            (29)  "Sexual conduct" means acts of human masturbation; deviate sexual intercourse; sexual intercourse; or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or the breast of a female in an act of apparent sexual stimulation or gratification;

            (30)  "Sexual contact" means any touching of the genitals or anus of any person, or the breast of any female person, or any such touching through the clothing, for the purpose of arousing or gratifying sexual desire of any person;

            (31)  "Sexual performance", any performance, or part thereof, which includes sexual conduct by a child who is less than seventeen years of age;

            (32)  "Voluntary act" has the meaning specified in section 562.011, RSMo.

            558.018.  1.  The court shall sentence a person who has pleaded guilty 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 sexual offender.  

            2.  A "persistent sexual offender" is one who has previously pleaded guilty 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 sexual offender shall be [not less than thirty years, which term shall be served without] imprisonment for life without eligibility for probation or parole.  Subsection 4 of section 558.019 shall not apply to any person imprisoned under this subsection, and "imprisonment for life" shall mean imprisonment for the duration of the person's natural life.  

            4.  The court shall sentence a person who has pleaded guilty 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 sexual offender.  

            5.  For purposes of this section, a "predatory sexual offender" is a person who:

            (1)  Has previously pleaded guilty 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 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 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 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 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 sexual offender who:

            (1)  Has previously pleaded guilty 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 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 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 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 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 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 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 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 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 sexual offender.  

            8.  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 persistent sexual offender or a predatory sexual offender.  

            559.100.  1.  The circuit courts of this state shall have power, herein provided, to place on probation or to parole persons convicted of any offense over which they have jurisdiction, except as otherwise provided in sections 195.275 to 195.296, RSMo, section 558.018, RSMo, section 559.115, section 565.020, RSMo, sections 566.030, 566.060, 566.151, 566.212, and 566.213, RSMo, section 571.015, RSMo, and [section 559.115] subsection 3 of section 589.425, RSMo.

            2.  The circuit court shall have the power to revoke the probation or parole previously granted and commit the person to the department of corrections.  The circuit court shall determine any conditions of probation or parole for the defendant that it deems necessary to ensure the successful completion of the probation or parole term, including the extension of any term of supervision for any person while on probation or parole.  The circuit court may require that the defendant pay restitution for his crime.  The probation or parole may be revoked for failure to pay restitution or for failure to conform his behavior to the conditions imposed by the circuit court.  The circuit court may, in its discretion, credit any period of probation or parole as time served on a sentence.  

            566.010.  As used in this chapter and chapter 568, RSMo, the following terms mean:

            (1)  "Deviate sexual intercourse", any act involving the genitals of one person and the hand, mouth, tongue, or anus of another person or a sexual act involving the penetration, however slight, of the male or female sex organ or the anus by a finger, instrument or object done for the purpose of arousing or gratifying the sexual desire of any person or for the purpose of terrorizing the victim;

            (2)  "Sexual conduct", sexual intercourse, deviate sexual intercourse or sexual contact;

            (3)  "Sexual contact", any touching of another person with the genitals or any touching of the genitals or anus of another person, or the breast of a female person, or such touching through the clothing, for the purpose of arousing or gratifying sexual desire of any person;

            (4)  "Sexual intercourse", any penetration, however slight, of the female sex organ by the male sex organ, whether or not an emission results.  

            566.030.  1.  A person commits the crime of forcible rape if such person has sexual intercourse with another person by the use of forcible compulsion.  Forcible compulsion includes the use of a substance administered without a victim's knowledge or consent which renders the victim physically or mentally impaired so as to be incapable of making an informed consent to sexual intercourse.  Any sexual intercourse with a child under the age of twelve shall be deemed to have been committed by use of forcible compulsion.

            2.  Forcible rape or an attempt to commit forcible rape is a felony for which the authorized term of imprisonment is life imprisonment or a term of years not less than five years, unless:

            (1)  In the course thereof the actor inflicts serious physical injury or displays a deadly weapon or dangerous instrument in a threatening manner or subjects the victim to sexual intercourse or deviate sexual intercourse with more than one person, in which case the authorized term of imprisonment is life imprisonment or a term of years not less than [ten] fifteen years; or

            (2)  The victim is a child less than twelve years of age, in which case the required term of imprisonment is life imprisonment without eligibility for probation or parole until the defendant has served not less than twenty-five years of such sentence or unless the defendant has reached the age of seventy-five years and has served at least fifteen years of such sentence.  Subsection 4 of section 558.019, RSMo, shall not apply to the sentence of a person who has pleaded guilty to or has been found guilty of forcible rape when the victim is under the age of twelve, and "life imprisonment" shall mean imprisonment for the duration of a person's natural life for the purposes of this section.

            3.  No person found guilty of or pleading guilty to forcible rape or an attempt to commit forcible rape shall be granted a suspended imposition of sentence or suspended execution of sentence.

            566.060.  1.  A person commits the crime of forcible sodomy if such person has deviate sexual intercourse with another person by the use of forcible compulsion.  Forcible compulsion includes the use of a substance administered without a victim's knowledge or consent which renders the victim physically or mentally impaired so as to be incapable of making an informed consent to sexual intercourse.  Any deviate sexual intercourse with a child under the age of twelve shall be deemed to have been committed by use of forcible compulsion.

            2.  Forcible sodomy or an attempt to commit forcible sodomy is a felony for which the authorized term of imprisonment is life imprisonment or a term of years not less than five years, unless:

            (1)  In the course thereof the actor inflicts serious physical injury or displays a deadly weapon or dangerous instrument in a threatening manner or subjects the victim to sexual intercourse or deviate sexual intercourse with more than one person, in which case the authorized term of imprisonment is life imprisonment or a term of years not less than ten years; or

            (2)  The victim is a child less than twelve years of age, in which case the required term of imprisonment is life imprisonment without eligibility for probation or parole until the defendant has served not less than twenty-five years of such sentence or unless the defendant has reached the age of seventy-five years and has served at least fifteen years of such sentence.  Subsection 4 of section 558.019, RSMo, shall not apply to the sentence of a person who has pleaded guilty to or has been found guilty of forcible sodomy when the victim is under the age of twelve, and "life imprisonment" shall mean imprisonment for the duration of a person's natural life for the purposes of this section.

            3.  No person found guilty of or pleading guilty to forcible sodomy or an attempt to commit forcible sodomy shall be granted a suspended imposition of sentence or suspended execution of sentence.

            566.067.  1.  A person commits the crime of child molestation in the first degree if he or she subjects another person who is less than fourteen years of age to sexual contact.

            2.  Child molestation in the first degree is a class B felony unless:

            (1)  The actor has previously been convicted of an offense under this chapter or in the course thereof the actor inflicts serious physical injury, displays a deadly weapon or deadly instrument in a threatening manner, or the offense is committed as part of a ritual or ceremony, in which case the crime is a class A felony; or

            (2)  The victim is a child less than twelve years of age and:

            (a)  The actor has previously been convicted of an offense under this chapter; or

            (b)  In the course thereof the actor inflicts serious physical injury, displays a deadly weapon or deadly instrument in a threatening manner, or if the offense is committed as part of a ritual or ceremony, in which case, the crime is a class A felony and such person shall serve his or her term of imprisonment without eligibility for probation or parole.

            566.083.  1.  A person commits the crime of sexual misconduct involving a child if the person:

            (1)  Knowingly exposes his or her genitals to a child less than fourteen years of age under circumstances in which he or she knows that his or her conduct is likely to cause affront or alarm to the child;

            (2)  Knowingly exposes his or her genitals to a child less than fourteen years of age for the purpose of arousing or gratifying the sexual desire of any person, including the child; or

            (3)  Knowingly coerces or induces a child less than fourteen years of age to expose the child's genitals for the purpose of arousing or gratifying the sexual desire of any person, including the child.  

            2.  [As used in this section, the term "sexual act" means any of the following, whether performed or engaged in either with any other person or alone: sexual or anal intercourse, masturbation, bestiality, sadism, masochism, fetishism, fellatio, cunnilingus, any other sexual activity or nudity, if such nudity is to be depicted for the purpose of sexual stimulation or gratification of any individual who may view such depiction.  

            3.  Violation of this section] The provisions of this section shall apply regardless of whether the person violates the section in person or via the Internet or other electronic means.

            3.  It is not an affirmative defense to prosecution for a violation of this section that the other person was a peace officer masquerading as a minor.

            4.  Sexual misconduct involving a child is a class D felony unless the actor has previously pleaded guilty to or been [convicted] found guilty of an offense pursuant to this chapter or the actor has previously pleaded guilty to or has been convicted of an offense against the laws of another state or jurisdiction which would constitute an offense under this chapter, in which case it is a class C felony.

            566.086.  1.  A person commits the crime of sexual contact with a student while on public school property if he or she has sexual contact with a student of the public school while on any public school property and is:

            (1)  A teacher, as that term is defined in subdivisions (4), (5), and (7) of section 168.104, RSMo[, and he or she has sexual contact with a student of the public school while on any public school property];

            (2)  A student teacher;

            (3)  An employee of the school;

            (4)  A volunteer of the school or of an organization working with the school on a project or program; or

            (5)  A person employed by an entity that contracts with the public school district to provide services.

            2.  For the purposes of this section, "public school property" shall mean property of any public school in this state serving kindergarten through grade twelve or any school bus used by the public school district.  

            3.  Sexual contact with a student while on public school property is a class D felony.  

            566.090.  1.  A person commits the crime of sexual misconduct in the first degree if he or she has deviate sexual intercourse with another person of the same sex [or he], purposely subjects another person to sexual contact without that person's consent, or knowingly exposes his or her genitals to another person without consent for the purpose of sexual gratification.  

            2.  Sexual misconduct in the first degree is a class A misdemeanor unless the actor has previously been convicted of an offense under this chapter or unless in the course thereof the actor displays a deadly weapon in a threatening manner or the offense is committed as a part of a ritual or ceremony, in which case it is a class D felony.

            566.145.  1.  A person commits the crime of sexual contact with [an inmate] a prisoner or offender if:

            (1)  Such person is an employee of, or assigned to work in, any jail, prison or correctional facility and such person has sexual intercourse or deviate sexual intercourse with [an inmate or resident of the facility] a prisoner or offender; or

            (2)  Such person is a probation and parole officer and has sexual intercourse or deviate sexual intercourse with an offender who is under the direct supervision of the officer.

            2.  For the purposes of this section the following terms shall mean:

            (1)  "Prisoner", includes any person who is in the custody of a jail, whether pretrial or after disposition of a charge;

            (2)  "Offender", includes any person in the custody of a prison or correctional facility and any person who is under the supervision of the state board of probation and parole.

            3.  Sexual contact with [an inmate] a prisoner or offender is a class D felony.  

            [3.  The victim's consent] 4.  Consent of a prisoner or offender is not an affirmative defense.

            566.147.  1.  Any person who, since July 1, 1979, has been or hereafter has pleaded guilty or nolo contendere to, or been convicted of, or been found guilty of violating any of the provisions of this chapter or the provisions of section 565.253, RSMo, invasion of privacy; subsection 2 of section 568.020, RSMo, incest; section 568.045, RSMo, endangering the welfare of a child in the first degree; subsection 2 of section 568.080, RSMo, use of a child in a sexual performance; section 568.090, RSMo, promoting a sexual performance by a child; section 573.023, RSMo, sexual exploitation of a minor; section 573.025, RSMo, promoting child pornography in the first degree; section 573.035, RSMo, promoting child pornography in the second degree; section 573.037, RSMo, possession of child pornography, or section 573.040, RSMo, furnishing pornographic material to minors; shall not [establish residency] reside within one thousand feet of any public school as defined in section 160.011, RSMo, or any private school giving instruction in a grade or grades not higher than the twelfth grade, or child-care facility as defined in section 210.201, RSMo, which is in existence at the time such residency is established.  

            2.  If such person has already established a residence and a public school, a private school, or child-care facility is subsequently built or placed within one thousand feet of such person's residence, then such person shall, within one week of the opening of such public school, private school, or child-care facility, notify the county sheriff where such public school, private school, or child-care facility is located that he or she is now residing within one thousand feet of such public school, private school, or child-care facility and shall provide verifiable proof to the sheriff that he or she resided there prior to the opening of such public school, private school, or child-care facility.  

            3.  For purposes of this section, "resides" means sleeps in a residence, which may include more than one location and may be mobile or transitory.

            4.  Violation of the provisions of subsection 1 of this section is a class D felony except that the second or any subsequent violation is a class B felony.  Violation of the provisions of subsection 2 of this section is a class A misdemeanor except that the second or subsequent violation is a class D felony.

            566.149.  1.  Any person who has pleaded guilty or nolo contendere to, or been convicted of, or been found guilty of violating any of the provisions of this chapter or the provisions of subsection 2 of section 568.020, RSMo, incest; section 568.045, RSMo, endangering the welfare of a child in the first degree; subsection 2 of section 568.080, RSMo, use of a child in a sexual performance; section 568.090, RSMo, promoting a sexual performance by a child; section 573.023, RSMo, sexual exploitation of a minor; section 573.025, RSMo, promoting child pornography; or section 573.040, RSMo, furnishing pornographic material to minors; shall not be present in or loiter within five hundred feet of any school building, on real property comprising any school, or in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school- related activity when persons under the age of eighteen are present in the building, on the grounds, or in the conveyance, unless the offender is a parent, legal guardian, or custodian of a student present in the building and has met the conditions set forth in subsection 2 of this section.

            2.  No parent, legal guardian, or custodian who has pleaded guilty or nolo contendere to, or been convicted of, or been found guilty of violating any of the offenses listed in subsection 1 of this section shall be present in any school building, on real property comprising any school, or in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school-related activity when persons under the age of eighteen are present in the building, on the grounds or in the conveyance unless the parent, legal guardian, or custodian has permission to be present from the superintendent or school board or in the case of a private school from the principal.  In the case of a public school, if permission is granted, the superintendent or school board president must inform the principal of the school where the sex offender will be present.  Permission may be granted by the superintendent, school board, or in the case of a private school from the principal for more than one event at a time, such as a series of events, however, the parent, legal guardian, or custodian must obtain permission for any other event he or she wishes to attend for which he or she has not yet had permission granted.

            3.  Violation of the provisions of this section shall be a class A misdemeanor.

            566.151.  1.  A person at least twenty-one years of age or older commits the crime of enticement of a child if that person persuades, solicits, coaxes, entices, or lures whether by words, actions or through communication via the Internet or any electronic communication, any person who is less than fifteen years of age for the purpose of engaging in sexual conduct [with a child].  

            2.  It is not an affirmative defense to a prosecution for a violation of this section that the other person was a peace officer masquerading as a minor.  

            3.  [Attempting to entice a child is a class D felony.  

            4.]  Enticement of a child or an attempt to commit enticement of a child is a [class C felony unless the person has previously pled guilty to or been found guilty of violating the provisions of this section, section 568.045, 568.050, or 568.060, RSMo, or this chapter, in which case it is a class B felony] felony for which the authorized term of imprisonment shall be not less than five years and not more than thirty years.  No person convicted under this section shall be eligible for parole, probation, conditional release, or suspended imposition or execution of sentence for a period of five calendar years.  

            566.213.  1.  A person commits the crime of sexual trafficking of a child under the age of twelve if the individual knowingly:

            (1)  Recruits, entices, harbors, transports, provides, or obtains by any means a person under the age of twelve to participate in a commercial sex act or benefits, financially or by receiving anything of value, from participation in such activities; or

            (2)  Causes a person under the age of twelve to engage in a commercial sex act.

            2.  It shall not be an affirmative defense that the defendant believed that the person was twelve years of age or older.

            3.  Sexual trafficking of a child less than twelve years of age shall be a felony for which the authorized term of imprisonment is life imprisonment without eligibility for probation or parole until the defendant has served not less than twenty-five years of such sentence.  Subsection 4 of section 558.019, RSMo, shall not apply to the sentence of a person who has pleaded guilty to or been found guilty of sexual trafficking of a child less than twelve years of age, and "life imprisonment" shall mean imprisonment for the duration of a person‛s natural life for the purposes of this section.

            568.020.  1.  A person commits the crime of incest if he marries or purports to marry or engages in sexual intercourse or deviate sexual intercourse with a person he knows to be, without regard to legitimacy:

            (1)  His ancestor or descendant by blood or adoption; or

            (2)  His stepchild, while the marriage creating that relationship exists; or

            (3)  His brother or sister of the whole or half-blood; or

            (4)  His uncle, aunt, nephew or niece of the whole blood.  

            2.  [For purposes of this section:

            (1)  "Sexual intercourse" means any penetration, however slight, of the female sex organ by the male sex organ;

            (2)  "Deviate sexual intercourse" means any act of sexual gratification between persons not lawfully married to one another, involving the genitals of one person and the mouth, tongue or anus of another.  

            3.]  Incest is a class D felony.

            568.060.  1.  A person commits the crime of abuse of a child if such person[:

            (1)]  knowingly inflicts cruel and inhuman punishment upon a child less than seventeen years old[; or

            (2)  Photographs or films a child less than eighteen years old engaging in a prohibited sexual act or in the simulation of such an act or who causes or knowingly permits a child to engage in a prohibited sexual act or in the simulation of such an act for the purpose of photographing or filming the act.

            2.  As used in this section "prohibited sexual act" means any of the following, whether performed or engaged in either with any other person or alone: sexual or anal intercourse, masturbation, bestiality, sadism, masochism, fetishism, fellatio, cunnilingus, any other sexual activity or nudity, if such nudity is to be depicted for the purpose of sexual stimulation or gratification of any individual who may view such depiction].

            [3.]  2.  Abuse of a child is a class C felony, unless:

            (1)  In the course thereof the person inflicts serious emotional injury on the child, or the offense is committed as part of a ritual or ceremony in which case the crime is a class B felony; or

            (2)  A child dies as a result of injuries sustained from conduct chargeable pursuant to the provisions of this section, in which case the crime is a class A felony.

            [4.  As used in this section, the word "fetishism" means a condition in which erotic feelings are excited by an object or body part whose presence is psychologically necessary for sexual stimulation or gratification.]

            575.159.  1.  A person commits the crime of aiding a sexual offender if such person knows that another person is a convicted sexual offender who is required to register as a sexual offender and has reason to believe that such sexual offender is not complying, or has not complied with the requirements of sections 589.400 to 589.425, RSMo, and who, with the intent to assist the sexual offender in eluding a law enforcement agency that is seeking to find the sexual offender to question the offender about, or to arrest the offender for, his or her noncompliance with the requirements of sections 589.400 to 589.425, RSMo:

            (1)  Withholds information from or does not notify the law enforcement agency about the sexual offender's noncompliance with the requirements of sections 589.400 to 589.425, RSMo, and if known the whereabouts of the sexual offender;

            (2)  Harbors or attempts to harbor or assists another person in harboring or attempting to harbor the sexual offender;

            (3)  Conceals or attempts to conceal or assists another person in concealing or attempting to conceal the sexual offender; or

            (4)  Provides information to the law enforcement agency regarding the sexual offender which the person knows to be false information.

            2.  Aiding a sexual offender is a class D felony.

            3.  The provisions of this section do not apply if the sexual offender is incarcerated in or is in the custody of a state correctional facility, a private correctional facility, a local jail, or a federal correctional facility.

            575.195.  1.  A person commits the crime of escape from commitment [or], detention, or conditional release if he or she has been committed to a state mental hospital under the provisions of sections 552.010 to 552.080, RSMo, or [of] sections 632.480 to 632.513, RSMo, or has been ordered to be taken into custody, detained, or held pursuant to sections 632.480 to 632.513, RSMo, or as provided by section 632.475, RSMo, has been committed to the department of mental health as a criminal sexual psychopath under statutes in effect before August 13, 1980, or has been granted a conditional release under the provisions of sections 552.010 to 552.080, RSMo, or sections 632.480 to 632.513, RSMo, and he or she escapes from such commitment [or], detention, or conditional release.  

            2.  Escape from commitment [or], detention, or conditional release is a class D felony.

            589.400.  1.  Sections 589.400 to 589.425 shall apply to:

            (1)  Any person who, since July 1, 1979, has been or is hereafter convicted of, been found guilty of, or pled guilty or nolo contendere to committing, or attempting to commit, a felony offense of chapter 566, RSMo, including sexual trafficking of a child and sexual trafficking of a child under the age of twelve, or any offense of chapter 566, RSMo, where the victim is a minor; or

            (2)  Any person who, since July 1, 1979, has been or is hereafter convicted of, been found guilty of, or pled guilty or nolo contendere to committing, or attempting to commit one or more of the following offenses: kidnapping[, pursuant to section 565.110, RSMo] when the victim is a child and the defendant is not a parent or guardian of the child; felonious restraint when the victim was a child and the defendant is not a parent or guardian of the child; sexual contact or sexual intercourse with a resident of a nursing home, under section 565.200, RSMo; endangering the welfare of a child under section 568.045, RSMo, when the endangerment is sexual in nature; genital mutilation of a female child, under section 568.065, RSMo; promoting prostitution in the first degree; promoting prostitution in the second degree; promoting prostitution in the third degree; sexual exploitation of a minor; promoting child pornography in the first 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; promoting obscenity in the first degree; promoting pornography for minors or obscenity in the second degree; incest; abuse of a child, pursuant to section 568.060, RSMo, when the abuse is sexual in nature; use of a child in a sexual performance; or promoting sexual performance by a child; and committed or attempted to commit the offense against a victim who is a minor, defined for the purposes of sections 589.400 to 589.425 as a person under eighteen years of age; or

            (3)  Any person who, since July 1, 1979, has been committed to the department of mental health as a criminal sexual psychopath; or

            (4)  Any person who, since July 1, 1979, has been found not guilty as a result of mental disease or defect of any offense listed in subdivision (1) or (2) of this subsection; or

            (5)  Any person who is a resident of this state who has, since July 1, 1979, or is hereafter convicted of, been found guilty of, or pled guilty to or nolo contendere in any other state, foreign country, or under federal or military jurisdiction to committing, or attempting to commit, an offense which, if committed in this state, would be a violation of chapter 566, RSMo, or a felony violation of any offense listed in subdivision (2) of this subsection or has been or is required to register in another state or has been or is required to register under federal or military law; or

            (6)  Any person who has been or is required to register in another state or has been or is required to register under federal or military law and who works or attends school or training on a full-time or on a part-time basis in Missouri.  "Part-time" in this subdivision means for more than fourteen days in any twelve-month period.  

            2.  Any person to whom sections 589.400 to 589.425 apply shall, within ten days of conviction, release from incarceration, or placement upon probation, register with the chief law enforcement official of the county or city not within a county in which such person resides unless such person has already registered in that county for the same offense.  Any person to whom sections 589.400 to 589.425 apply if not currently registered in their county of residence shall register with the chief law enforcement official of such county or city not within a county within ten days of August 28, 2003.  The chief law enforcement official shall forward a copy of the registration form required by section 589.407 to a city, town, village, or campus law enforcement agency located within the county of the chief law enforcement official, if so requested.  Such request may ask the chief law enforcement official to forward copies of all registration forms filed with such official.  The chief law enforcement official may forward a copy of such registration form to any city, town, village, or campus law enforcement agency, if so requested.  

            3.  The registration requirements of sections 589.400 through 589.425 are lifetime registration requirements unless:

            (1)  All offenses requiring registration are reversed, vacated or set aside [or unless];

            (2)  The registrant is pardoned of the offenses requiring registration;

            (3)  The registrant is no longer required to register and his or her name shall be removed from the registry under the provisions of subsection 6 of this section; or

            (4)  The registrant may petition the court for removal from the registry under subsection 7 of this section and the court orders the removal of such person from the registry.  

            4.  For processing an initial sex offender registration the chief law enforcement officer of the county or city not within a county may charge the offender registering a fee of up to ten dollars.  

            5.  For processing any change in registration required pursuant to section 589.414 the chief law enforcement official of the county or city not within a county may charge the person changing their registration a fee of five dollars for each change made after the initial registration.  

            6.  Effective August 28, 2006, any person currently on the sexual offender registry for being convicted of, found guilty of, or pleading guilty or nolo contendere to, committing felonious restraint when the victim was a child and he or she was the parent or guardian of the child, non-sexual child abuse that was committed under section 568.060, RSMo, or kidnapping when the victim was a child and he or she was the parent or guardian of the child, shall be removed from the registry.  However, such person shall remain on the sexual offender registry for any other offense for which he or she is required to register under sections 589.400 to 589.425.

            7.  Effective August 28, 2006, any person currently on the sexual offender registry for having been convicted of, found guilty of, or having pleaded guilty or nolo contendere to, promoting prostitution in the second degree, promoting prostitution in the third degree, public display of explicit sexual material, or statutory rape in the second degree, may file a petition in the civil division of the circuit court in the county in which the offender was convicted or found guilty of or pled guilty or nolo contendere to the offense or offenses for the removal of his or her name from the sexual offender registry after ten years have passed from the date he or she was required to register.  The court may grant such relief if the registrant demonstrates to the court that he or she has complied with the provisions of this section and has no pending charges for an offense for which he or she would have to register if found guilty of, or pleaded guilty to, the offense.  The prosecuting attorney in the circuit court which the petition is filed shall be given notice of the petition to present evidence in opposition to the requested relief or may otherwise demonstrate the reasons why the petition should be denied.  If the petition is denied, the registrant shall wait at least twelve months before petitioning the court again.  If the court finds that the petitioner is entitled to relief which removes the registrant's name from the registry, a certified copy of the written findings or order shall be forwarded by the court to the chief law enforcement officer having jurisdiction over the offender and to the Missouri state highway patrol in order to have the registrant's name removed from the registry.

            8.  Any nonresident worker or nonresident student shall register for the duration of such person's employment or attendance at any school of higher education and is not entitled to relief under the provisions of subsection 7 of this section.  Any registered offender from another state who has a temporary residence in this state and resides more than fourteen days in a twelve-month period shall register for the duration of such person's temporary residency and is not entitled to the provisions of subsection 4 of this section.

            9.  Any person whose name is removed from the sexual offender registry under subsections 6 or 7 of this section shall no longer be required to fulfill the registration requirements of sections 589.400 to 589.425, unless such person is required to register for committing another offense after being removed from the registry.

            589.402.  1.  The chief law enforcement officer of the county or city not within a county may maintain a web page on the Internet, which shall be open to the public and shall include a registered sexual offender search capability.  

            2.  The registered sexual offender search shall make it possible for any person using the Internet to search for and find the information specified in [subdivisions (1) to (4) of] subsection 3 of this section, if known, on offenders registered in this state pursuant to sections 589.400 to 589.425, except that only persons who have been convicted of, found guilty of, or plead guilty to committing or attempting to commit sexual offenses shall be included on this web site.  

            3.  Only the information listed in [subdivisions (1) to (4) of] this subsection shall be provided to the public in the registered sexual offender search:

            (1)  The name and any known aliases of the offender;

            (2)  The date of birth and any known alias dates of birth of the offender;

            (3)  A physical description of the offender;

            (4)  The [last known address] residence, temporary, work, and school addresses of the offender, including the street address, city, county, state, and zip code;

            [(3)  A photograph] (5)  Any photographs of the offender; [and

            (4)  The crime or crimes for which the offender was convicted that caused him or her to have to register.]

            (6)  A physical description of the offender's vehicles, including the year, make, model, color, and license plate number;

            (7)  The nature and dates of all offenses qualifying the offender to register;

            (8)  The date on which the offender was released from the department of mental health, prison, or jail, or placed on parole, supervised release, or probation for the offenses qualifying the offender to register; and

            (9)  Compliance status of the offender with the provisions of sections 589.400 to 589.425.

            4.  The chief law enforcement officer of any county or city not within a county may publish in any newspaper distributed in the county or city not within a county the sexual offender information provided under subsection 3 of this section for any offender residing in the county or city not within a county.

            589.403.  Any person to whom subsection 1 of section 589.400 applies who is paroled, discharged, or otherwise released from any correctional facility of the department of corrections or any mental health institution where such person was confined, shall be informed by the official in charge of such correctional facility or mental health institution of the person's possible duty to register pursuant to sections 589.400 to 589.425.  If such person is required to register pursuant to sections 589.400 to 589.425, the official in charge of the correctional facility or the mental health institution shall obtain the address where the person expects to reside upon discharge, parole or release, and shall report such address to the chief law enforcement official of the county or city not within a county where the person expects to reside upon discharge, parole or release.

            589.405.  Any person to whom subsection 1 of section 589.400 applies who is released on probation, discharged upon payment of a fine, or released after confinement in a county jail shall, prior to such release or discharge, be informed of the possible duty to register pursuant to sections 589.400 to 589.425 by the court having jurisdiction over the case.  If such person is required to register pursuant to sections 589.400 to 589.425, the court shall obtain the address where the person expects to reside upon discharge, parole or release and shall report such address to the chief law enforcement official of the county or city not within a county where the person expects to reside upon discharge, parole or release.  

            589.407.  1.  Any registration pursuant to sections 589.400 to 589.425 shall consist of completion of an offender registration form developed by the Missouri state highway patrol.  Such form shall include, but is not limited to the following:

            (1)  A statement in writing signed by the person, giving the name, address, Social Security number and phone number of the person, the license plate number and vehicle description, including the year, make, model, and color of each vehicle owned or operated by the offender, the place of employment of such person, enrollment within any institutions of higher education, the crime which requires registration, whether the person was sentenced as a persistent or predatory offender pursuant to section 558.018, RSMo, the date, place, and a brief description of such crime, the date and place of the conviction or plea regarding such crime, the age and gender of the victim at the time of the offense and whether the person successfully completed the Missouri sexual offender program pursuant to section 589.040, if applicable; and

            (2)  The fingerprints and a photograph of the person.

            2.  The offender shall provide positive identification and documentation to substantiate the accuracy of the information completed on the offender registration form, including but not limited to the following:

            (1)  A photocopy of a valid driver's license or non-driver's identification card;

            (2)  A document verifying proof of the offender's residency; and

            (3)  A photocopy of the vehicle registration for each of the offender's vehicles.  

            589.414.  1.  If any person required by sections 589.400 to 589.425 to register changes residence or address within the same county or city not within a county as such person's previous address, the person shall inform the chief law enforcement official in writing within ten days of such new address and phone number, if the phone number is also changed.

            2.  If any person required by sections 589.400 to 589.425 to register changes such person's residence or address to a different county, the person shall appear in person and shall inform both the chief law enforcement official with whom the person last registered and the chief law enforcement official of the county or city not within a county having jurisdiction over the new residence or address in writing within ten days of such new address and phone number, if the phone number is also changed.  If any person required by sections 589.400 to 589.425 to register changes their state of residence, the person shall appear in person and shall inform both the chief law enforcement official with whom the person was last registered and the chief law enforcement official of the area in the new state having jurisdiction over the new residence or address within ten days of such new address.  Whenever a registrant changes residence, the chief law enforcement official of the county or city not within a county where the person was previously registered shall promptly inform the Missouri state highway patrol of the change.  When the registrant is changing the residence to a new state, the Missouri state highway patrol shall promptly inform the responsible official in the new state of residence.  

            3.  Any person required by sections 589.400 to 589.425 to register who changes his or her enrollment or employment status with any institution of higher education within this state, by either beginning or ending such enrollment or employment, shall inform the chief law enforcement officer of such change within seven days after such change is made.  

            4.  Any person required by sections 589.400 to 589.425 to register who officially changes such person's name shall inform the chief law enforcement officer of such name change within seven days after such change is made.  

            5.  In addition to the requirements of subsections 1 and 2 of this section, the following offenders shall report in person to the [county] chief law enforcement agency every ninety days to verify the information contained in their statement made pursuant to section 589.407:

            (1)  Any offender registered as a predatory or persistent sexual offender under the definitions found in section 558.018, RSMo;

            (2)  Any offender who is registered for a crime where the victim was less than eighteen years of age at the time of the offense; and

            (3)  Any offender who has pled guilty or been found guilty pursuant to section 589.425 of failing to register or submitting false information when registering.  

            6.  In addition to the requirements of subsections 1 and 2 of this section, all registrants shall report [annually] semi-annually in person in the month of their birth and six months thereafter to the [county] chief law enforcement agency to verify the information contained in their statement made pursuant to section 589.407.  All registrants shall provide an updated photograph of himself or herself in the month of his or her birth to the chief law enforcement agency.  The photograph must depict a clear likeness of the registrant or the registrant shall be in violation of this section.

            7.  In addition to the requirements of subsections 1 and 2 of this section, all Missouri registrants who work or attend school or training on a full-time or part-time basis in any other state shall be required to report in person to the chief law enforcement officer in the area of the state where they work or attend school or training and register in that state.  "Part-time" in this subsection means for more than fourteen days in any twelve-month period.

            589.425.  1.  [Any person who is required to register pursuant to sections 589.400 to 589.425 and does not meet all requirements of sections 589.400 to 589.425 is guilty of a class A misdemeanor, unless the person has been convicted pursuant to chapter 566 of an unclassified felony, class A felony, class B felony, or any felony involving a child under the age of fourteen, in which case the person is guilty of a class D felony.

            2.  Any person who commits a second or subsequent violation of subsection 1 of this section is guilty of a class D felony, unless the person has been convicted pursuant to chapter 566 of an unclassified felony, class A felony, class B felony, or any felony involving a child under the age of fourteen, in which case the person is guilty of a class C felony.] A person commits the crime of failing to register as a sex offender when the person is required to register under sections 589.400 to 589.425 and fails to comply with any requirement of sections 589.400 to 589.425.  Failing to register as a sex offender is a class A misdemeanor unless the person is required to register based on having committed an offense in chapter 566, RSMo, which was an unclassified felony, a class A or B felony, or a felony involving a child under the age of fourteen, in which case it is a class D felony.

            2.  A person commits the crime of failing to register as a sex offender as a second offense by failing to comply with any requirement of sections 589.400 to 589.425 and he or she has previously pled guilty to or has previously been found guilty of failing to register as a sex offender.  Failing to register as a sex offender as a second offense is a class D felony unless the person is required to register based on having committed an offense in chapter 566, RSMo, which was an unclassified felony, a class A or B felony, or a felony involving a child under the age of fourteen, in which case it is a class C felony.

            3.  A person commits the crime of failing to register as a sex offender as a third offense by failing to meet the requirements of sections 589.400 to 589.425 and he or she has, on two or more occasions, previously pled guilty to or has previously been found guilty of failing to register as a sex offender.  Failing to register as a sex offender as a third offense is a felony which shall be punished by a term of imprisonment of not less than ten years and not more than thirty years.

            (1)  No court may suspend the imposition or execution of sentence of a person who pleads guilty to or is found guilty of failing to register as a sex offender as a third offense.  No court may sentence such person to pay a fine in lieu of a term of imprisonment.

            (2)  A person sentenced under this subsection shall not be eligible for conditional release or parole until he or she has served at least two years of imprisonment.

            (3)  Upon release, an offender who has committed failing to register as a sex offender as a third offense shall be electronically monitored as a mandatory condition of supervision.  Electronic monitoring may be based on a global positioning system or any other technology which identifies and records the offender's location at all times.

            600.042.  1.  The director shall:

            (1)  Direct and supervise the work of the deputy directors and other state public defender office personnel appointed pursuant to this chapter; and he and the chief deputy director may participate in the trial and appeal of criminal actions at the request of the defender or upon order of the commission;

            (2)  Submit to the commission, between August fifteenth and September fifteenth of each year, a report which shall include all pertinent data on the operation of the state public defender system, the costs, projected needs, and recommendations for statutory changes.  Prior to October fifteenth of each year, the commission shall submit such report along with such recommendations, comments, conclusions, or other pertinent information it chooses to make to the chief justice, the governor, and the general assembly.  Such reports shall be a public record, shall be maintained in the office of the state public defender, and shall be otherwise distributed as the commission shall direct;

            (3)  With the approval of the commission, establish such divisions, facilities and offices and select such professional, technical and other personnel, including investigators, as he deems reasonably necessary for the efficient operation and discharge of the duties of the state public defender system under this chapter;

            (4)  Administer and coordinate the operations of defender services and be responsible for the overall supervision of all personnel, offices, divisions and facilities of the state public defender system, except that the director shall have no authority to direct or control the legal defense provided by a defender to any person served by the state public defender system;

            (5)  Develop programs and administer activities to achieve the purposes of this chapter;

            (6)  Keep and maintain proper financial records with respect to the providing of all public defender services for use in the calculating of direct and indirect costs of any or all aspects of the operation of the state public defender system;

            (7)  Supervise the training of all public defenders, assistant public defenders, deputy public defenders and other personnel and establish such training courses as shall be appropriate;

            (8)  With approval of the commission, promulgate necessary rules, regulations and instructions consistent with this chapter defining the organization of his office and the responsibilities of public defenders, assistant public defenders, deputy public defenders and other personnel;

            (9)  With the approval of the commission, apply for and accept on behalf of the public defender system any funds which may be offered or which may become available from government grants, private gifts, donations or bequests or from any other source.  Such moneys shall be deposited in the state general revenue fund;

            (10)  Contract for legal services with private attorneys on a case-by-case basis and with assigned counsel as the commission deems necessary considering the needs of the area, for fees approved and established by the commission;

            (11)  With the approval and on behalf of the commission, contract with private attorneys for the collection and enforcement of liens and other judgments owed to the state for services rendered by the state public defender system.  

            2.  No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.  

            3.  The director and defenders shall, within guidelines as established by the commission and as set forth in subsection 4 of this section, accept requests for legal services from eligible persons entitled to counsel under this chapter or otherwise so entitled under the constitution or laws of the United States or of the state of Missouri and provide such persons with legal services when, in the discretion of the director or the defenders, such provision of legal services is appropriate.  

            4.  The director and defenders shall provide legal services to an eligible person:

            (1)  Who is detained or charged with a felony, including appeals from a conviction in such a case;

            (2)  Who is detained or charged with a misdemeanor which will probably result in confinement in the county jail upon conviction, including appeals from a conviction in such a case;

            (3)  Who is detained or charged with a violation of probation or parole;

            (4)  Who has been taken into custody pursuant to section 632.489, RSMo, including appeals from a determination that the person is a sexually violent predator and petitions for release, notwithstanding any provisions of law to the contrary;

            (5)  For whom the federal constitution or the state constitution requires the appointment of counsel; and

            (6)  For whom, in a case in which he faces a loss or deprivation of liberty, any law of this state requires the appointment of counsel; however, the director and the defenders shall not be required to provide legal services to persons charged with violations of county or municipal ordinances.  

            5.  The director may:

            (1)  Delegate the legal representation of any person to any member of the state bar of Missouri;

            (2)  Designate persons as representatives of the director for the purpose of making indigency determinations and assigning counsel.  

            632.484.  1.  When the attorney general receives written notice from any law enforcement agency that a person, who has pled guilty to or been convicted of a sexually violent offense and who is not presently in the physical custody of an agency with jurisdiction:

            (1)  Has committed a recent overt act; or

            (2)  Has been in the custody of an agency with jurisdiction within the preceding ten years and may meet the criteria of a sexually violent predator;

the attorney general may file a petition for detention and evaluation with the probate division of the court in which the person was convicted, or committed pursuant to chapter 552, RSMo, alleging the respondent may meet the definition of a sexually violent predator and should be detained for evaluation for a period of up to nine days.  The written notice shall include the previous conviction record of the person, a description of the recent overt act, if applicable, and any other evidence which tends to show the person to be a sexually violent predator.  The attorney general shall provide notice of the petition to the prosecuting attorney of the county where the petition was filed.

            2.  Upon a determination by the court that the person may meet the definition of a sexually violent predator, the court shall order the detention and transport of such person to a secure facility to be determined by the department of mental health under provisions of section 632.495.  The attorney general shall immediately give written notice of such to the department of mental health.

            3.  Upon receiving physical custody of the person and written notice pursuant to subsection 2 of this section, the department of mental health shall, through either a psychiatrist or psychologist as defined in section 632.005, make a determination whether or not the person meets the definition of a sexually violent predator.  The department of mental health shall, within seven days of receiving physical custody of the person, provide the attorney general with a written report of the results of its investigation and evaluation.  The attorney general shall provide any available records of the person that are retained by the department of corrections to the department of mental health for the purposes of this section.  If the department of mental health is unable to make a determination within seven days, the attorney general may request an additional detention of ninety-six hours from the court for good cause shown.  

            4.  If the department determines that the person may meet the definition of a sexually violent predator, the attorney general shall provide the results of the investigation and evaluation to the prosecutors' review committee.  The prosecutors' review committee shall, by majority vote, determine whether or not the person meets the definition of a sexually violent predator within twenty-four hours of written notice from the attorney general's office.  If the prosecutors' review committee determines that the person meets the definition of a sexually violent predator, the prosecutors' review committee shall provide written notice to the attorney general of its determination.  The attorney general may file a petition pursuant to section 632.486 within forty-eight hours after obtaining the results from the department.  

            5.  For the purposes of this section "recent overt act" means any act that creates a reasonable apprehension of harm of a sexually violent nature.  

            6.  The provisions of subdivision (2) of subsection 1 of this section shall expire December 31, 2001.  

            632.489.  1.  Upon filing a petition pursuant to section 632.484 or 632.486, the judge shall determine whether probable cause exists to believe that the person named in the petition is a sexually violent predator.  If such probable cause determination is made, the judge shall direct that person be taken into custody and direct that the person be transferred to an appropriate secure facility, including, but not limited to, a county jail.  If the person is ordered to the department of mental health, the director of the department of mental health shall determine the appropriate secure facility to house the person under the provisions of section 632.495.  

            2.  Within seventy-two hours after a person is taken into custody pursuant to subsection 1 of this section, excluding Saturdays, Sundays and legal holidays, such person shall be provided with notice of, and an opportunity to appear in person at, a hearing to contest probable cause as to whether the detained person is a sexually violent predator.  At this hearing the court shall:

            (1)  Verify the detainee's identity; and

            (2)  Determine whether probable cause exists to believe that the person is a sexually violent predator.  The state may rely upon the petition and supplement the petition with additional documentary evidence or live testimony.  

            3.  At the probable cause hearing as provided in subsection 2 of this section, the detained person shall have the following rights in addition to the rights previously specified:

            (1)  To be represented by counsel;

            (2)  To present evidence on such person's behalf;

            (3)  To cross-examine witnesses who testify against such person; and

            (4)  To view and copy all petitions and reports in the court file, including the assessment of the multidisciplinary team.  

            4.  If the probable cause determination is made, the court shall direct that the person be transferred to an appropriate secure facility, including, but not limited to, a county jail, for an evaluation as to whether the person is a sexually violent predator.  If the person is ordered to the department of mental health, the director of the department of mental health shall determine the appropriate secure facility to house the person.  The court shall direct the director of the department of mental health to have the person examined by a psychiatrist or psychologist as defined in section 632.005 who was not a member of the multidisciplinary team that previously reviewed the person's records.  In addition, such person may be examined by a consenting psychiatrist or psychologist of the person's choice at the person's own expense.  Any examination shall be conducted in the facility in which the person is confined.  Any examinations ordered shall be made at such time and under such conditions as the court deems proper; except that, if the order directs the director of the department of mental health to have the person examined, the director shall determine the time, place and conditions under which the examination shall be conducted.  The psychiatrist or psychologist conducting such an examination shall be authorized to interview family and associates of the person being examined, as well as victims and witnesses of the person's offense or offenses, for use in the examination unless the court for good cause orders otherwise.  The psychiatrist or psychologist shall have access to all materials provided to and considered by the multidisciplinary team and to any police reports related to sexual offenses committed by the person being examined.  Any examination performed pursuant to this section shall be completed and filed with the court within sixty days of the date the order is received by the director or other evaluator unless the court for good cause orders otherwise.  One examination shall be provided at no charge by the department. All costs of any subsequent evaluations shall be assessed to the party requesting the evaluation.  

            632.495.  1.  The court or jury shall determine whether, [beyond a reasonable doubt] by clear and convincing evidence, the person is a sexually violent predator.  If such determination that the person is a sexually violent predator is made by a jury, such determination shall be by unanimous verdict of such jury.  Any determination as to whether a person is a sexually violent predator may be appealed.

            2.  If the court or jury determines that the person is a sexually violent predator, the person shall be committed to the custody of the director of the department of mental health for control, care and treatment until such time as the person's mental abnormality has so changed that the person is safe to be at large.  Such control, care and treatment shall be provided by the department of mental health.

            3.  At all times, persons ordered to the department of mental health after a determination by the court that such persons may meet the definition of a sexually violent predator, persons ordered to the department of mental health after a finding of probable cause under section 632.489, and persons committed for control, care and treatment by the department of mental health pursuant to sections 632.480 to 632.513 shall be kept in a secure facility designated by the director of the department of mental health and such persons shall be segregated at all times from any other patient under the supervision of the director of the department of mental health.  The department of mental health shall not place or house [an offender determined to be a sexually violent predator] a person ordered to the department of mental health after a determination by the court that such person may meet the definition of a sexually violent predator, a person ordered to the department of mental health after a finding of probable cause under section 632.489, or a person committed for control, care, and treatment by the department of mental health, pursuant to sections 632.480 to 632.513, with other mental health patients [who have not been determined to be sexually violent predators].  The provisions of this subsection shall not apply to a person who has been conditionally released under section 632.505.

            4.  The department of mental health is authorized to enter into an interagency agreement with the department of corrections for the confinement of such persons.  Such persons who are in the confinement of the department of corrections pursuant to an interagency agreement shall be housed and managed separately from offenders in the custody of the department of corrections, and except for occasional instances of supervised incidental contact, shall be segregated from such offenders.

            5.  If the court or jury is not satisfied [beyond a reasonable doubt] by clear and convincing evidence that the person is a sexually violent predator, the court shall direct the person's release.

            6.  Upon a mistrial, the court shall direct that the person be held at an appropriate secure facility, including, but not limited to, a county jail, until another trial is conducted.  If the person is ordered to the department of mental health, the director of the department of mental health shall determine the appropriate secure facility to house the person.  Any subsequent trial following a mistrial shall be held within ninety days of the previous trial, unless such subsequent trial is continued as provided in section 632.492.  

            632.498.  1.  Each person committed pursuant to sections 632.480 to 632.513 shall have a current examination of the person's mental condition made once every year by the director of the department of mental health or designee.  The yearly report shall be provided to the court that committed the person pursuant to sections 632.480 to 632.513.  The court shall conduct an annual review of the status of the committed person.  The court shall not conduct an annual review of a person's status if he or she has been conditionally released.

            2.  Nothing contained in sections 632.480 to 632.513 shall prohibit the person from otherwise petitioning the court for [discharge] release.  The director of the department of mental health shall provide the committed person who has not been conditionally released with an annual written notice of the person's right to petition the court for release over the director's objection.  The notice shall contain a waiver of rights.  The director shall forward the notice and waiver form to the court with the annual report.

            3.  If the committed person petitions the court for conditional release over the director's objection, the petition shall be served upon the court that committed the person, the director of the department of mental health, the head of the facility housing the person, and the attorney general.

            4.  The committed person shall have a right to have an attorney represent the person at the hearing but the person is not entitled to be present at the hearing.  If the court at the hearing determines by a preponderance of the evidence that the person no longer suffers from a mental abnormality that makes the person likely to engage in acts of sexual violence if [discharged] released, then the court shall set a [hearing] trial on the issue.  [At the hearing, the]

            5.  The trial shall be governed by the following provisions:

            (1)  The committed person shall be entitled to be present and entitled to the benefit of all constitutional protections that were afforded the person at the initial commitment proceeding[.];

            (2)  The attorney general shall represent the state and shall have a right to a jury trial and to have the committed person evaluated by a psychiatrist or psychologist not employed by the department of mental health or the department of corrections.  In addition, the person may be examined by a consenting psychiatrist or psychologist of the person's choice at the person's own expense[.];

            (3)  The burden of proof at the trial shall be upon the state to prove [beyond a reasonable doubt] by clear and convincing evidence that the committed person's mental abnormality remains such that the person is not safe to be at large and if released is likely to engage in acts of sexual violence.  If such determination is made by a jury, the verdict must be unanimous;

            (4)  If the court or jury finds that the person's mental abnormality remains such that the person is not safe to be at large and if released is likely to engage in acts of sexually violence, the person shall remain in the custody of the department of mental health in a secure facility designated by the director of the department of mental health.  If the court or jury finds that the person's mental abnormality has so changed that the person is not likely to commit acts of sexual violence if released, the person shall be conditionally released as provided in section 632.205.

            632.501.  If the director of the department of mental health determines that the person's mental abnormality has so changed that the person is not likely to commit acts of sexual violence if released, the director shall authorize the person to petition the court for release.  The petition shall be served upon the court that committed the person, the director of the department of mental health, the head of the facility housing the person, and the attorney general.  [The court, upon receipt of the petition for release, shall order a hearing within thirty days.  The attorney general shall represent the state, and shall have the right to have the petitioner examined by a consenting psychiatrist or psychologist not employed by the department of mental health or department of corrections.  The hearing shall be before a jury if demanded by either the petitioner or the attorney general.  The burden of proof shall be upon the attorney general to show beyond a reasonable doubt that the petitioner's mental abnormality remains such that the petitioner is not safe to be at large and that if discharged is likely to commit acts of sexual violence.] The hearing and trial, if any, shall be conducted according to the provisions of section 632.498.

            632.504.  Nothing in sections 632.480 to 632.513 shall prohibit a person from filing a petition for [discharge] release pursuant to sections 632.480 to 632.513.  However, if a person has previously filed a petition for [discharge] release without the director's [of the department of mental health] approval and the court determined either upon review of the petition or following a hearing, that the petitioner's petition was frivolous or that the petitioner's condition had not so changed that the person was safe to be at large, then the court shall deny the subsequent petition unless the petition contains facts upon which a court could find the condition of the petitioner had so changed that a hearing was warranted.  Upon receipt of a first or subsequent petition from committed persons without the director's approval, the court shall endeavor whenever possible to review the petition and determine if the petition is based upon frivolous grounds and if so shall deny the petition without a hearing.  

            632.505.  1.  Upon determination by a court or jury that the person's mental abnormality has so changed that the person is not likely to commit acts of sexual violence if released, the court shall place the person on conditional release pursuant to the terms of this section.  The primary purpose of conditional release is to provide outpatient treatment and monitoring to prevent the person's condition from deteriorating to the degree that the person would need to be returned to a secure facility designated by the director of the department of mental health.

            2.  The department of mental health is authorized to enter into an interagency agreement with the department of corrections for the supervision of persons granted a conditional release by the court.  In conjunction with the department of corrections, the department of mental health shall develop a conditional release plan which contains appropriate conditions for the person to be released.  The plan shall address the person's need for supervision, counseling, medication, community support services, residential services, vocational services, and alcohol and drug treatment.  The department of mental health shall submit the proposed plan for conditional release to the court.

            3.  The court shall review the plan and determine the conditions that it deems necessary to meet the person's need for treatment and supervision and to protect the safety of the public.  The court shall order that the person shall be subject to the following conditions and other conditions as deemed necessary:

            (1)  Maintain a residence approved by the department of mental health and not change residence unless approved by the department of mental health;

            (2)  Maintain employment unless engaged in other structured activity approved by the department of mental health;

            (3)  Obey all federal and state laws;

            (4)  Not possess a firearm or dangerous weapon;

            (5)  Not be employed or voluntarily participate in an activity that involves contact with children without approval of the department of mental health;

            (6)  Not consume alcohol or use a controlled substance except as prescribed by a treating physician and to submit, upon request, to any procedure designed to test for alcohol or controlled substance use;

            (7)  Not associate with any person who has been convicted of a felony unless approved by the department of mental health;

            (8)  Not leave the state without permission of the department of mental health;

            (9)  Not have contact with specific persons, including but not limited to, the victim or victim's family, as directed by the department of mental health;

            (10)  Not have any contact with any child without specific approval by the department of mental health;

            (11)  Not possess material that is pornographic, sexually oriented, or sexually stimulating;

            (12)  Not enter a business providing sexually stimulating or sexually oriented entertainment;

            (13)  Submit to a polygraph, plethysmograph, or other electronic or behavioral monitoring or assessment;

            (14)  Submit to electronic monitoring which may be based on a global positioning system or other technology which identifies and records a person's location at all times;

            (15)  Attend and fully participate in assessment and treatment as directed by the department of mental health;

            (16)  Take all psychiatric medications as prescribed by a treating physician;

            (17)  Authorize the department of mental health to access and obtain copies of confidential records pertaining to evaluation, counseling, treatment, and other such records and provide the consent necessary for the release of any such records;

            (18)  Pay fees to the department of mental health and the department of corrections to cover the costs of services and monitoring;

            (19)  Report to or appear in person as directed by the department of mental health and the department of corrections, and to follow all directives of such departments;

            (20)  Comply with any registration requirements under sections 589.400 to 589.425, RSMo; and

            (21)  Comply with any other conditions that the court determines to be in the best interest of the person and society.

            4.  The court shall provide a copy of the order containing the conditions of release to the person, the attorney general, the department of mental health, the head of the facility housing the person, and the department of corrections.

            5.  A person who is conditionally released may be supervised by a probation and parole officer employed by the department of corrections remains under the control, care, and treatment of the department of mental health.

            6.  The court may modify conditions of release upon its own motion or upon the petition of the department of mental health, the department of corrections, or the person on conditional release.

            7.  The following provisions shall apply to violations of conditional release:

            (1)  If any probation and parole officer has reasonable cause to believe that a person on conditional release has violated a condition of release or that the person is no longer a proper subject for conditional release, the officer may issue a warrant for the person's arrest.  The warrant shall contain a brief recitation of the facts supporting the officer's belief.  The warrant shall direct any peace officer to take the person into custody immediately so that the person can be returned to a secure facility;

            (2)  If the director of the department of mental health or the director's designee has reasonable cause to believe that a person on conditional release has violated a condition of release or that the person is no longer a proper subject for conditional release, the director or the director's designee may request that a peace officer take the person into custody immediately, or request that a probation and parole officer or the court which ordered the release, issue a warrant for the person's arrest so that the person can be returned to a secure facility;

            (3)  At any time during the period of a conditional release, the court which ordered the release may issue a notice to the released person to appear to answer a charge of a violation of the terms of the release and the court may issue a warrant of arrest for the violation.  Such notice shall be personally served upon the released person.  The warrant shall authorize the return of the released person to the custody of the court or to the custody of the director of mental health or the director's designee;

            (4)  No peace officer responsible for apprehending and returning the person to the facility upon the request of the director of the department of mental health or the director's designee or a probation and parole officer shall be civilly liable for apprehending or transporting such person to the facility so long as such duties were performed in good faith and without negligence;

            (5)  The department of mental health shall promptly notify the court that the person has been apprehended and returned to a secure facility;

            (6)  Within seven days of the person's return to a secure facility, the department of mental health must either request that the attorney general file a petition to revoke the person's conditional release or continue the person on conditional release;

            (7)  If a petition to revoke conditional release is filed, the person shall remain in custody until a hearing is held on the petition.  The hearing shall be given priority on the court's docket.  If upon hearing the evidence, the court finds by preponderance of the evidence that the person has violated a condition of release and that the violation of the condition was sufficient to render the person no longer suitable for conditional release, the court shall revoke the conditional release and order the person returned to a secure facility designated by the director of the department of mental health.  If the court determines that revocation is not required, the court may modify or increase the conditions of release or order the person's release on the existing conditions of release;

            (8)  A person whose conditional release has been revoked may petition the court for subsequent release pursuant to sections 632.498, 632.501, and 632.504 no sooner than six months after the person's return to a secure facility.

            8.  The department of mental health may enter into agreements with the department of corrections and other departments and may enter into contracts with private entities for the purpose of supervising a person on conditional release.

            9.  The department of mental health and the department of corrections may require a person on conditional release to pay a reasonable fee to cover the costs of providing services and monitoring while the person is released.  Each department may adopt rules with respect to establishing, waiving, collecting, and using fees.  Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo.  This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2006, shall be invalid and void.

            10.  In the event a person on conditional release escapes from custody, the department of mental health shall notify the court, the department of corrections, the attorney general, the chief law enforcement officer of the county or city not within a county from where the person escaped or absconded, and any other persons necessary to protect the safety of the public or to assist in the apprehension of the person.  The attorney general shall notify victims and witnesses.  Upon receiving such notice, the attorney general shall file escape from commitment charges under section 575.195, RSMo.

            632.507.  1.  The attorney general shall in a timely manner inform victims of a sexually violent offense committed by a person:

            (1)  That a written notice has been given by the agency with jurisdiction to the attorney general and the multidisciplinary team pursuant to subsection 1 of section 632.483;

            (2)  Of the decision of the prosecutor's review committee in determining whether or not the person may be a sexually violent predator;

            (3)  That a petition has been filed with the circuit court pursuant to section 632.484 or 632.486;

            (4)  Of the outcome of a trial held pursuant to the provisions of section 632.492;

            (5)  Of the filing of any petition or pending proceedings held pursuant to the provisions of sections 632.498 to [632.504] 632.505;

            (6)  Of the escape of any person committed under sections 632.480 to 632.513.  

            2.  Such victims shall have the right to be present at any proceeding held pursuant to the provisions of sections 632.480 to 632.513.  Failure to notify shall not be a reason for postponement of release.  Nothing in this section shall create a cause of action against the state or an employee of the state acting within the scope of the employee's employment as a result of the failure to notify pursuant to this section.

            650.120.  1.  Subject to appropriation, the Missouri state highway patrol shall create a program to investigate Internet sex crimes against children, including but not limited to enticement of a child and possession or promotion of child pornography.  The highway patrol shall designate members of the patrol to investigate such crimes against children and provide computer forensics on a full-time basis under this program.  The highway patrol shall coordinate with any existing Internet Crimes Against Children task forces located in Missouri to investigate such crimes.

            2.  The highway patrol shall make computer forensics available to any multijurisdictional Internet cyber crime law enforcement task force or law enforcement agency that requests such assistance.

            Section B.  Because of the need to protect Missouri citizens from sexual offenders, section A of this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and section A of this act shall be in full force and effect upon its passage and approval.

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