SS SCS HS HCS HB 1405, 1109 & 1335 -- CIVIL COMMITMENT OF SEXUAL
PREDATORS

This bill amends the Missouri Sexual Predator Law.  Currently,
repeat sexual offenders may be given sentences ranging from 5
years to life, and certain repeat sexual offenders may be placed
on parole for life.  This bill commits individuals deemed to be
"sexually violent predators" to the custody of the Department of
Mental Health for control, care, and treatment until the
person's mental abnormality or personality disorder has been
corrected to the point that the person is safe to live among the
populace.

The bill mandates that several agencies conclude that the person
meets the definition of a sexually violent predator.  First, the
Multidisciplinary Team of the Department of Mental Health must
assess the person as a sexually violent predator.  Second, the
Attorney General's Prosecutor's Review Team must determine that
the person meets the definition of a sexually violent predator.
Upon such a finding, the Attorney General may petition a court
to make a probable cause finding, at a full hearing, as to
whether the person is a sexually violent predator.  If the
probable cause determination is made, the person is held in a
secure facility until the person receives a trial to decide if
the person is a sexually violent predator.  During the trial,
the accused person receives all constitutional protections
afforded an accused, such as right to counsel, right to appeal,
trial by jury, and the provision for expert examinations and
testimony by consenting medical personnel.  The burden of proof
is on the state and the standard of proof is beyond a reasonable
doubt.  If at the conclusion of the trial the accused person is
deemed a sexually violent predator, the person is committed to
the custody of the Department of Mental Health in a facility
secured by the Department of Corrections until the person is no
longer deemed a sexually violent predator.  The determination as
to the status of the person is subject to annual review by the
court.

The Attorney General is required to inform victims when
proceedings are initiated to release a sexually violent predator.

The bill makes several changes to the registration requirements
of certain offenders.  The bill:

(1)  Establishes that any person found not guilty as a result of
mental disease or defect for committing or attempting to commit
a sexual offense, or other crimes involving prostitution, or the
use or capture of a child must register with the chief law
officer of the county in which the person resides;

(2)  Requires a registrant to indicate on the offender
registration form whether the person is a persistent or
predatory offender and provide a brief description of the crime;

(3)  Requires the registrant to notify in writing the chief law
officer of any change of address, telephone, or name change, if
the registrant has made changes within the same county or has
moved to a different county;

(4)  Requires certain registrants to contact the chief law
enforcement agency every 90 days to verify current registration
information;

(5)  Serves as cleanup legislation to bills (HB 883 and SB 56)
passed during the 1997 regular session.  The bill repeals
section 566.617 RSMo and moves to section 589.417, RSMo this
provision making the name, address, and offense of any
registered sex offender a public record; and

(6)  Makes providing false information in the registration
statement or failure to timely verify registration information a
class A misdemeanor.  Any subsequent violation is a class D
felony.  Under current law, only the failure to register is a
class A felony.

The bill has an effective date of January 1, 1999.

HS HCS HB 1405, 1109, & 1335 -- CIVIL COMMITMENT OF SEXUAL
PREDATORS (Smith)

The substitute amends the Missouri Sexual Predator Law.
Currently, repeat sexual offenders may be given sentences
ranging from 5 years to life, and certain repeat sexual
offenders may be placed on parole for life.  This substitute
commits individuals deemed to be "sexually violent predators" to
the custody of the Department of Mental Health for control,
care, and treatment until the person's mental abnormality or
personality disorder has been corrected to the point that the
person is safe to live among the populace.

The substitute mandates that several agencies conclude that the
person meets the definition of a sexually violent predator.
First, the Multidisciplinary Team of the Department of Mental
Health must assess the person as a sexually violent predator.
Second, the Attorney General's Prosecutor's Review Team must
determine that the person meets the definition of a sexually
violent predator.  Upon such a finding, the Attorney General may
petition a court to make a probable cause finding, at a full
hearing, as to whether the person is a sexually violent
predator.  If the probable cause determination is made, the
person is held in a secure facility until the person receives a
trial, to decide if the person is a sexually violent predator.
During the trial, the accused person receives all constitutional
protections afforded an accused such as right to counsel, right
to appeal, trial by jury, and the provision for expert
examinations and testimony by consenting medical personnel.  The
burden of proof is on the state and the standard of proof is
beyond a reasonable doubt.  If at the conclusion of the trial
the accused person is deemed a sexually violent predator, the
person is committed to the custody of the Department of Mental
Health, in a facility secured by the Department of Corrections,
until the person is no longer deemed a sexually violent
predator.  The determination as to the status of the person is
subject to annual review by the court.

The substitute requires that the Department of Mental Health
give written notice to the known address of the victim or the
victim's family when a sexually violent predator is released.

The substitute also allows prosecutors in criminal cases
involving dangerous felonies to offer a special allegation of
sexual motivation, when sufficient evidence exists, as the
underlying motive for the commission of these offenses.

This substitute makes several changes to the registration
requirements of certain offenders.  The bill:

(1)  Clarifies that any person who received a suspended
imposition of sentence for committing or attempting to commit a
sexual offense, or other crimes involving prostitution, or the
use or capture of a child must register with the chief law
officer of the county in which the person resides;

(2)  Establishes that any person found not guilty as a result of
mental disease or defect for committing or attempting to commit
a sexual offense, or other crimes involving prostitution, or the
use or capture of a child must register with the chief law
officer of the county in which the person resides;

(3)  Requires a registrant to indicate on the offender
registration form whether the person is a persistent or
predatory offender and provide a brief description of the crime;

(4)  Requires the registrant to notify in writing the chief law
officer of any change of address, telephone ,or name change
within 14 days, if the registrant has made changes within the
same county or has moved to a different county;

(5)  Requires certain registrants to contact the chief law
enforcement agency every 90 days to verify current registration
information;

(6)  Serves as cleanup legislation to bills (HB 883 and SB 56)
passed during the 1997 regular session.  The bill repeals
Chapter 566.617 RSMo and moves this provision making the name,
address, and offense of any registered sex offender a public
record to Chapter 589.417, RSMo;

(7)  Makes providing false information in the registration
statement or failure to timely verify registration information a
class A misdemeanor.  Any subsequent violation is a class D
felony.  Under current law, only the failure to register is a
class A felony; and

(8)  Requires a registered sexual offender's name, address,
description, photograph, and the facts of the offender's
conviction to be published on the Department of Public Safety's
Internet web site.

The substitute has an effective date of January 1, 1999.

FISCAL NOTE:  Estimated Net Cost to General Revenue Fund of
$4,872,682 in FY 1999, $7,009,055 in FY 2000, and $9,225,992 in
FY 2001.

HCS HB 1405, 1109, & 1335 -- SEXUALLY VIOLENT PREDATORS

SPONSOR:  Smith (Hosmer)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Civil and
Administrative Law by a vote of 15 to 0.

The substitute amends the Missouri Sexual Predator Law.
Currently, repeat sexual offenders may be given sentences
ranging from 5 years to life, and certain repeat sexual
offenders may be placed on parole for life.  This substitute
commits individuals deemed to be "sexually violent predators" to
the custody of the Department of Mental Health for control,
care, and treatment until the person's mental abnormality or
personality disorder has been corrected to the point that the
person is safe to live among the populace.

The substitute mandates that several agencies conclude that the
person meets the definition of a sexually violent predator.
First, the Multidisciplinary Team of the Department of Mental
Health must assess the person as a sexually violent predator.
Second, the Attorney General's Prosecutor's Review Team must
determine that the person meets the definition of a sexually
violent predator.  Upon such a finding, the Attorney General may
petition a court to make a probable cause finding, at a full
hearing, as to whether the person is a sexually violent
predator.  If the probable cause determination is made, the
person is held in a secure facility until the person receives a
trial, to be held within 60 days of the hearing, to decide if
the person is a sexually violent predator.  During the trial,
the accused person receives all constitutional protections
afforded an accused such as right to counsel, right to appeal,
trial by jury, and the provision for expert examinations and
testimony.  The burden of proof is on the state and the standard
of proof is beyond a reasonable doubt.  If at the conclusion of
the trial the accused person is deemed a sexually violent
predator, the person is committed to the custody of the
Department of Mental Health, in a facility secured by the
Department of Corrections, until the person is no longer deemed
a sexually violent predator.  The determination as to the status
of the person is subject to annual review by the court.

The substitute requires that the Department of Mental Health
give written notice to the known address of the victim or the
victim's family when a sexually violent predator is released.

The substitute also allows prosecutors in criminal cases
involving nonsexual offenses to offer a special allegation of
sexual motivation as the underlying motive for the commission of
certain offenses.

The substitute requires the Department of Public Safety to trace
persons required to register and provide such information to the
Attorney General for prosecution.

The substitute has an effective date of January 1, 1999.

FISCAL NOTE:  Estimated Net Cost to General Revenue Fund of
$3,703,205 in FY 1999, $3,315,342 in FY 2000, and $7,244,845 in
FY 2001.

PROPONENTS:  Supporters say that the legislation will ensure
that sexually violent predators will not be released into the
general population until a psychiatric determination is made
indicating they no longer pose a risk to society.

Testifying for the substitute were Representatives Hosmer, Gaw,
Crump, Ross, and Alter; Governor's Office; Department of
Corrections; Department of Mental Health; Gene and Peggy
Schmidt, victim's parents; Attorney General's Office; Mothers
Outraged At Molesters; J.J. Youkum; and Colleen May, former wife
of molester.

OPPONENTS:  Those who oppose the substitute say that the
legislation punishes individuals for what they might do not what
they have done.  Also, the legislation provides multiple
punishments for a singular crime.  Thus, the legislation is an
unconstitutional violation of the due process and double
jeopardy provisions of the United States and Missouri
constitutions.

Testifying against the substitute was the Missouri Association
of Criminal Defense Attorneys.

Michael Warrick, Legislative Analyst

HB 1405 -- Civil Commitment of Sexual Predators

Co-Sponsors:  Gaw, Hosmer, Clayton

The bill amends the Missouri Sexual Predator Law.  Currently,
repeat sexual offenders may be given sentences ranging from 5
years to life, and certain repeat sexual offenders may be placed
on parole for life.  This bill commits individuals deemed to be
"sexually violent predators" to the custody of the Department of
Mental Health for control, care, and treatment until the
person's mental abnormality or personality disorder has been
corrected to the point that the person is safe to live among the
populace.

The bill mandates that several agencies conclude that the person
meets the definition of a sexually violent predator.  First, the
Multidisciplinary Team of the Department of Mental Health must
assess the person as a sexually violent predator.  Second, the
Attorney General's Prosecutor's Review Team must determine that
the person meets the definition of a sexually violent predator.
Upon such a finding, the Attorney General may petition a court
to make a probable cause finding, at a full hearing, as to
whether the person is a sexually violent predator.  If the
probable cause determination is made, the person is held in a
secure facility until the person receives a trial, to be held
within 60 of the hearing, to decide if the person is a sexually
violent predator.  During the trial, the accused person receives
all constitutional protections afforded an accused such as right
to counsel, right to appeal, trial by jury, and the provision
for expert examinations and testimony.  The burden of proof is
on the state and the standard of proof is beyond a reasonable
doubt.  If at the conclusion of the trial the accused person is
deemed a sexually violent predator, the person is committed to
the custody of the Department of Mental Health until the person
is no longer deemed a sexual predator.  The determination as to
the status of the person is subject to annual review by the
court.

The bill requires that the Department of Mental Health give
written notice to the known address of the victim or the
victim's family that the sexually violent predator is released.

The bill also allows prosecutors in criminal cases involving
nonsexual offenses to offer a special allegation of sexual
motivation as the underlying motive for the commission of
certain offenses.

The bill requires the Department of Public Safety to trace
persons required to register and provide such information to the
Attorney General for prosecution.

The bill has an effective date of January 1, 1999.