HB 1055 (Truly Agreed) Increases the punishment for possession of child pornography to a class D felony
Current Bill Summary
- Prepared by Senate Research -

CCS/SS/HCS/HB 1055 - This act changes the laws regarding sexual offenses. The act:

(1) Makes possession of child pornography a class D felony for a first offense and a Class C felony for any subsequent offense. Under current law, it is a Class A misdemeanor for a first offense and a Class D felony for a second or subsequent offense; (Section 537.037)

(2) Makes the crime of furnishing pornographic material to minors a Class D felony when the offender has a prior conviction for a violation of Chapters 566, 568, or 573, RSMo. Currently, it is only a Class D felony if the person has previously committed this specific offense; (Section 573.040)

(3) Adds several pornography offenses to the list of crimes which require a person to register as a sexual offender; (Section 589.400)

(4) Clarifies that a plea of nolo contendere is considered the same as a plea of guilty in terms of the sex offender registry; (Section 589.400)

(5) Requires sex offenders to successfully complete a sex offender treatment program. Current law requires only that the offenders participate in the program; (Sections 566.140 & 566.141)

(6) Prohibits any person who has been convicted of certain sex-related crimes to live within 1,000 feet of a school or a child care facility. Violation of the provision is a Class D felony. A second or subsequent offense is a Class B felony. If a school or child care facility is opened within 1,000 feet of where an offender already resides, the person must notify the sheriff of this fact within one week. Failure to do so is a Class A misdemeanor while a subsequent offense is a Class D felony; (Section 566.147)

(7) Increases the penalty for failing to register as a sex offender to a Class D felony. A second or subsequent offense is a Class C felony. Under current law, the first offense is a Class A misdemeanor, and a second or subsequent offense is a Class D felony; (Section 589.425)

(8) Allows sheriffs to collect a fee from sex offenders at the time of the offender's registration. At the offender's initial registration, the fee can be up to $10. For every subsequent change in registration, the fee is $5; (Section 589.400)

(9) Requires probation and parole officers who are assigned to a registered sex offender to notify the sheriff when learning of the sex offender's intent to change residency. The officer must also notify the offender of his or her duty to register upon changing residency. The act clarifies that the term "probation officer" includes any private entity providing probation supervision services; (Section 589.415)

(10) Provides that sexual misconduct involving a child is a Class D felony unless the individual has been found guilty of other sexual offenses, in which case, it is a Class C felony; (Section 566.083)

(11) Lengthens the criminal statute of limitation for most sexual offenses in which the victim is age 18 or younger. Under current law, the statute of limitation is 10 years after the victim reaches age 18. The act lengthens the limitation to 20 years after the victim reaches age 18. The limitation applies to all sexual offenses in which the victim is under the age of 18, except for the crimes of rape and sodomy for which there is no statute of limitation; (Section 566.037)

(12) Requires the Highway Patrol, subject to appropriation, to maintain a web page that is open to the public and includes links to county sex offender registry web sites; (Section 43.651)

(13) Clarifies language concerning the state technical assistance team for child sexual abuse cases; (Section 660.520); and

(14) Adds to the manner in which a person can commit the crime of assault of a law enforcement officer or emergency personnel in the second degree and the manner in which a person can commit the crime of assault of a law enforcement officer or emergency personnel in the third degree; (Sections 565.082 & 565.083)

(15) Extends the statute of limitations for any civil action for recovery of damages suffered as a result of childhood sexual abuse; (Section 537.046)

(16) Expands the crime of sexual misconduct in the second degree to include a person who has sexual intercourse while in a public place in the presence of another person; (Section 566.093)

(17) Requires that a person providing treatment, education, or other assistance to an offender cannot be related to the offender, nor have a financial interest. A person who violates this provision will remit the money gained to the state, be prohibited from providing further treatment, and also be prohibited from having a financial interest in an entity providing treatment; (Section 566.140)

(18) Makes it a Class D felony for an individual who committed a sexual offense that is an unclassified felony, Class A felony, Class B felony, or a felony involving a child under the age of fourteen, to fail to register as a sexual offender. A second or subsequent offense by such individuals is a Class C felony. Currently, any individual who is required to register as a sexual offense and fails to do so, is guilty of a Class A misdemeanor; (Section 589.425)

(19) Authorizes county commissions to establish by ordinance or order a "county law enforcement restitution fund", which shall be under the supervision of a board of trustees with certain requirements for the composition of membership. The money in the fund can only be used for certain law enforcement purposes such as narcotics investigation, prevention, and intervention, the purchase of equipment, and other related expenses. The county commission may not reduce an law enforcement agency's budget as a result of money that it receives from the fund.

This act allows the court to order payment to a statutorily created fund for costs incurred as a result of an offender's actions. The performance of free work ordered by the court may be performed for offender treatment programs, work release programs in local facilities, and community-based residential and nonresidential programs.

This act establishes that the court may specifically order payment to a county law enforcement restitution fund and the money can only be used for the purposes provided for in statute. No court may order payment under this section if a person pleads guilty to a charge of speeding, careless and imprudent driving, traffic control signal or sign violations, or any charge that is a Class C misdemeanor or infraction. No payment under this section may exceed $300. A judge may only order payment to a fund if it has been created by ordinance or resolution and cannot have authority or control over the fund. This act requires a hearing before a person's probation can be revoked for failure to pay to the fund; and (Sections 50.550, 50.565, 558.019, 559.021)

(20) Makes a technical change to the definition of "Missouri criminal record review" to mean a review of both criminal history records and sex offender registration records. (Section 43.540)
SUSAN HENDERSON

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