SECOND REGULAR SESSION

HOUSE BILL NO. 2471

95TH GENERAL ASSEMBLY


 

 

INTRODUCED BY REPRESENTATIVES BROWN (149) (Sponsor), SCHARNHORST, DAY, RIDDLE, McGHEE AND LAIR (Co-sponsors).

5452L.01I                                                                                                                                                  D. ADAM CRUMBLISS, Chief Clerk


 

AN ACT

To repeal section 217.735, RSMo, and to enact in lieu thereof one new section relating to Chelsea's Law.




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


            Section A. Section 217.735, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 217.735, to read as follows:

            217.735. 1. This section shall be known and may be cited as "Chelsea's Law".

            2. Notwithstanding any other provision of law to the contrary, the board shall supervise an offender for the duration of his or her natural life when the offender has pleaded guilty to or been found guilty of an offense under section 566.030, 566.032, 566.060, or 566.062, RSMo, based on an act committed on or after August 28, 2006, or the offender has pleaded guilty to or has been found guilty of an offense under section 566.067, 566.083, 566.100, 566.151, 566.212, 566.213, 568.020, 568.080, or 568.090, RSMo, based on an act committed on or after August 28, 2006, against a victim who was less than fourteen years old and the offender is a prior sex offender as defined in subsection [2] 3 of this section.

            [2.] 3. For the purpose of this section, a prior sex offender is a person who has previously pleaded guilty to or been found guilty of an offense contained in chapter 566, RSMo, or violating section 568.020, RSMo, when the person had sexual intercourse or deviate sexual intercourse with the victim, or violating subdivision (2) of subsection 1 of section 568.045, RSMo.

            [3.] 4. Subsection [1] 2 of this section applies to offenders who have been granted probation, and to offenders who have been released on parole, conditional release, or upon serving their full sentence without early release. Supervision of an offender who was released after serving his or her full sentence will be considered as supervision on parole.

            [4.] 5. A mandatory condition of lifetime supervision of an offender under this section is that the offender be electronically monitored. Electronic monitoring shall be based on a global positioning system or other technology that identifies and records the offender's location at all times. Such global positioning system or other technology shall also immediately alert the appropriate local law enforcement agency if the monitored offender travels into any area where his or her travel has been restricted by Missouri law, including, but not limited to the provisions of sections 566.148, 566.149, and 566.150.

            [5.] 6. In appropriate cases as determined by a risk assessment, the board may terminate the supervision of an offender who is being supervised under this section when the offender is sixty-five years of age or older.

            [6.] 7. In accordance with section 217.040, the board may adopt rules relating to supervision and electronic monitoring of offenders under this section.