SECTIONS 67.2540, 67.2546, 67.2552

This act defines numerous terms associated with sexually oriented businesses. The term "sexually oriented business" includes any adult cabaret or any business which offers its patrons goods of which a substantial or significant portion are sexually-oriented material. Under this act, it shall be presumed that a business that derives thirty percent or less of its revenue from sexually-oriented materials is presumed not to be a sexually-oriented business. No building, premises, structure, or other facility that contains any sexually oriented businesses shall contain any other kind of sexually oriented business.

This act prohibits the exhibition of films, videos, DVDs, or other video reproductions depicting specified sexual activities in viewing rooms at sexually oriented businesses unless the viewing room is visible from a continuous main aisle in the sexually-oriented business. A viewing room cannot be obscured by any curtain, door, or other enclosure. No viewing room can be occupied by more than one individual at a time and there shall be no aperture between viewing rooms which is designed or constructed to facilitate sexual activity between persons in other rooms. A person who violates this provision is guilty of a Class A misdemeanor.

If a sexually oriented business allows specified criminal activity or specified sexual activity on the premises or otherwise fails to comply with these requirements, it shall be considered a nuisance and closed pursuant to Section 567.080, RSMo.

It is a Class A misdemeanor for a person to knowingly and intentionally appear nude or depict, perform, or simulate specified sexual activities in a sexually oriented business. This section also makes it a Class A misdemeanor for a person to knowingly or intentionally appear semi-nude unless the person is an employee who remains a specified distance away from the patrons and behind a railing.

It is a Class A misdemeanor for an employee, while in a semi-nude state, to touch a customer or for a person to knowingly allow a person under 21 on the premises except for those on the premises for maintenance, repair work, or delivery of items.

This act also explains that the purpose of this legislation is to protect public policy interests such as mitigating the adverse secondary effects of sexually oriented businesses, limiting harm to minors, and reduction of crime.

These provisions are similar to certain provisions of SS/SCS/SB 32.

SECTIONS 217.735, 559.106, 575.205, & 575.206

This act requires prior sex offenders, who commit rape, sodomy, child molestation, sexual misconduct or abuse, enticement of a child, or sexual trafficking of a child, against a child under the age of 14, to be electronically monitored as a mandatory condition of supervision. This is applicable to those who commit such an act on or after August 28, 2005.

For the purposes of this section, a "sexual offender" is a person who has previously been found guilty of a sexual offense. This act will apply 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.

The Board of Probation and Parole may terminate the supervision of an offender who is being supervised when the offender is 65 or older and may adopt rules relating to the supervision and electronic monitoring of these offenders. (Section 217.735)

A court must order these prior sexual offenders be supervised by the board of probation and parole for the duration of his or her natural life. When such probation is ordered, a mandatory condition is that the offender be electronically monitored. (Section 559.106)

A person commits the crime of tampering with electronic monitoring equipment if he or she intentionally removes or alters equipment which a court or the board of probation and parole has required the person to wear. This crime is a class C felony. (Section 575.205)

A person commits the crime of violating a condition of lifetime probation if the person knowingly violates a condition of probation, parole, or conditional release. This crime is a Class C felony. (Section 575.206)

These provisions are similar to certain provisions of SS/SCS/HCS/HB 353 (2005).

SECTION 311.310

Currently, this section states that any person, except a parent or guardian, who procures for, sells, or gives away, or otherwise supplies alcohol to minor is guilty of a misdemeanor.

In addition to the current provisions, this act prohibits any owner, occupant, or other person or legal entity with a lawful right to the use and enjoyment of any property from knowingly allowing a minor to drink or knowingly failing to stop a minor from drinking on such property, unless the person is the minor's parent or guardian.

A person who knowingly violates these new provisions is guilty of a Class A misdemeanor.

These provisions of the act are similar to certain provisions of SB 322 (2005) & certain provisions of HCS/SS/SCS/SBs 37 et al. (2005) & HCS/SS/SB 402 (2005).

SECTION 565.024

This act restructures the statute regarding involuntary manslaughter in the first degree and changes the penalty for the crime depending on aggravating circumstances.

Currently, involuntary manslaughter in the first degree is a Class C felony if: (1) A person recklessly causes the death of another, or (2) While in an intoxicated condition operates a vehicle, and when doing so, acts with criminal negligence to cause the death or another.

Under this act, a person is guilty of a Class B felony (exception below) and must serve 85% of his or her sentence, if, in an intoxicated condition operates a vehicle, and when doing so, acts with criminal negligence to:

• Cause the death of a person not a passenger; or

• Cause the death of two or more persons; or

• Cause the death of any person while he or she has a blood alcohol content of at least .18

If a person commits a second offense of involuntary manslaughter in the first degree it is a Class A felony, if it is the second time that the person is convicted for the offense by causing the death of a person while having a BAC of at least .18

This provision of the act is similar to a provision of HCS/SS/SCS/SBs 37 et al. (2005).

SECTION 566.083

This act modifies the wording in Section 566.083.1(1), RSMo, so that the qualification of a person acting "knowingly" applies to both required elements, which includes knowingly exposing oneself to a child under the age of 14 and knowing that doing so would cause alarm to the child.

This section of the act has an emergency clause.

This provision of the act is similar to a provision of SS/SCS/HCS/HB 353 (2005).

SECTION 568.050

Under this act, a person who operates a vehicle in violation of the statutes concerning involuntary manslaughter, assault in the second degree, diving while intoxicated, and driving with excessive blood alcohol content, while a child who is less than 17 years old is present shall be guilty of endangering the welfare of a child in the second degree.

Such offense is a Class A misdemeanor unless committed as part of a ritual or ceremony, in which case, it is a Class D felony.

This provision is similar to a provision of HCS/SS/SCS/SBs 37 et al. (2005) & CCS/SS/SCS/HCS/HB 353 (2005) & SB 439 (2005).

SECTION 577.001

This act specifies that the term "court" in Chapter 577, Public Safety Offenses, includes any circuit, associate circuit, or municipal court, including traffic court, but not any juvenile court or drug court.

This provision of the act is similar to a provision of HCS/SS/SCS/SBs 37 et al. (2005).

SECTION 577.023

This act clarifies that the penalty enhancement provisions in Section 577.023 relating to prior, persistent, aggravated, and chronic offenders should be applied consistently whether in municipal, county, and state courts. Specifically, this act specifies that when an individual is charged under a municipal ordinance the individual is not entitled to suspended imposition of sentence if he/she meets the definition and classification as a prior, persistent, aggravated, or chronic offender under Section 577.023.1.

This act creates two new types of offenders ("aggravated offenders" and "chronic offenders") for the purposes of applying the enhanced penalties and prison requirements of Section 577.023.

The act modifies the definition of a "persistent offender." Under the provisions of the act, a "persistent offender" is a person convicted of two or more intoxication-related traffic offenses. Under the current law, the prior offenses must have occurred within 10 years of the offense for which the person is being charged.

The act defines an "aggravated offender" as a person who has pleaded to or been found guilty of:

(1) Three or more intoxication-related traffic offenses or

(2) One intoxicated-related traffic offense and certain enumerated crimes (involuntary manslaughter, assault in the second degree, or assault of a law enforcement officer).

This act defines a "chronic offender" as a person who has pleaded guilty to or has been found guilty of:

(1) Four or more intoxication-related traffic offenses;

(2) On two or more of separate occasions certain enumerated crimes (e.g. involuntary manslaughter or assault in the second degree); or

(3) Two or intoxicated-related traffic offenses plus has been found guilty of certain enumerated crimes (e.g. involuntary manslaughter or assault in the second degree).

Any person who is found guilty of a DWI or driving with an excessive blood alcohol content (BAC) and is proved to be an aggravated offender shall be guilty of a class C felony. Aggravated offenders shall not be eligible for parole or probation until they serve a minimum of 60 days imprisonment.

Any person who is found guilty of a DWI or driving with an excessive blood alcohol content (BAC) and is proved to be a chronic offender shall be guilty of a Class B felony. Chronic offenders shall not be eligible for parole or probation until they serve a minimum of two years imprisonment.

This provision of the act is similar to a provision of HCS/SS/SCS/SBs 37 et al. (2005).

SUSAN HENDERSON