SB 0969 Revises numerous provisions relating to the sex offender registry and other sex crimes
Sponsor:Westfall Co-Sponsor(s)
LR Number:3880S.20T Fiscal Note:3880-20
Committee:Civil and Criminal Jurisprudence
Last Action:07/10/02 - Signed by Governor Journal page:
Title:CCS HS#2 HCS SS SCS SBs 969, 673 & 855
Effective Date:August 28, 2002
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Current Bill Summary

CCS/HS#2/HCS/SS/SCS/SBs 969, 673 & 855 - This act relates to the prevention and prosecution of sexual crimes.

MEGAN'S LAW - This act allows the Highway Patrol to search the sex offender registry when conducting background checks for potential employees of day cares, residential care facilities and youth services agencies. The Highway Patrol will inform the agency or provider of the address and the offenses of the applicant (Section 43.540). This language is also contained in the conference substitute for SB 758.

MISSOURI REGIONAL COMPUTER FORENSICS LABORATORY - The Missouri Regional Computer Forensics Laboratory (RCFL) is created. RCFL combines local, state and federal resources to research and combat computer and Internet-related crimes. RCFL will be under the control of the Highway Patrol (Sections 43.653- 43.569).

EVALUATION OF JUVENILE SEX OFFENDER REGISTRY LIST - Parole boards are allowed to consider information listed on the juvenile sex offenders registry if the offender being considered for parole is between the ages of 17 and 21 (Section 217.690).

BAIL NOT PERMITTED - Adds the crimes of first degree statutory rape, forcible sodomy and first degree statutory sodomy to the list of crimes that are ineligible for bail post-conviction (Section 547.170).

DANGEROUS FELONY LIST - The list of dangerous felonies is expanded to include: (1) attempted forcible rape if physical injury results; and (2) attempted forcible sodomy if physical injury results (Section 566.061).

SKILLED NURSING FACILITY - An owner or employee of a skilled nursing facility having sexual contact with an Alzheimer's patient or with a resident of a living care facility is guilty of a Class B misdemeanor. If sexual intercourse occurs, it becomes a Class A misdemeanor. Consent of the victim is not a defense (Section 565.200).

HARASSMENT - Expands this section to include electronic or other communication (Section 565.225).

INVASION OF PRIVACY - This act creates the crimes of first and second degree invasion of privacy. First degree invasion of privacy is a Class D felony and second degree invasion of privacy is a Class A misdemeanor (Sections 565.252-.253).

SEXUAL CONTACT - Expands the definition of "sexual contact" to include touching through clothing (Section 566.010).

SEXUAL MISCONDUCT - Cleans up language due to the expansion of the definition of "sexual contact" (Section 566.090).

BESTIALITY - The crime of bestiality is created as a Class A misdemeanor. If the person has previously been convicted of this crime, the act becomes a Class D felony. Animals in the defendant's possession may be subject to a civil forfeiture. Offenders may be required to attend counseling (Section 566.111).

SEXUAL CONTACT WITH AN INMATE - A person who is an employee of or assigned to work in any correctional facility who has sexual intercourse or deviate sexual intercourse with an inmate or resident of the facility is guilty of a Class D felony (Section 566.145).

ENTICEMENT OF A CHILD - This act creates the crime of enticement of a child. A person commits the crime of enticement if he or she is at least twenty-one years old and persuades, solicits, coaxes, entices or lures any person who is less than fifteen years of age for the purpose of engaging in sexual conduct. Attempting to entice a child is a Class D felony. Enticement of a child is a Class C felony unless a person has been found guilty of previous sexual offenses, then it is a Class B felony (Section 566.151).

SEXUAL OFFENDER REGISTRY - This requires sexual offenders to register with the county sheriff in the county they reside (Sections 589.400-589.410). This language is identical to language contained in the conference substitute for SB 758.

SEXUALLY VIOLENT PREDATOR EVALUATION - A person who may meet the criteria of a sexually violent predator will be evaluated by either a psychiatrist or a psychologist as to whether or not the person meets the definition of a sexually violent predator (Section 632.483).

This act contains language that is also contained in CCS/HCS/SB 758; HCS/SCS/SB 1070; SB 1095; HS/HB 1498; SB 1188; SCS/SBs 1115 & 849; SB 1239; and HB 1088.