Perfected

SECTION 43.533 - TOLL-FREE SEXUAL OFFENDER HOTLINE

This section requires the Highway Patrol, subject to appropriation, to operate a toll-free telephone number to disseminate information regarding individuals registered as sexual offenders and receive information from people on the residency of such offenders. The toll-free number will be placed on the Highway Patrol's sex offender registry website.

SECTION 43.650 - HIGHWAY PATROL SEX OFFENDER INTERNET WEBSITE INFORMATION

This section modifies what information shall be provided on the Highway Patrol's sexual offender registry Internet website. In addition to the information currently provided, the website shall provide the following information about each offender: 1) known aliases, 2) date of birth or alias dates of birth, 3) last known residence, 4) temporary, work, and school addresses, 5) a physical description of the offender's vehicles, 6) the nature and date of qualifying offenses, 6) date of release, parole, or probation, and 7) the person?s compliance status with the registry requirements.

SECTION 188.023 - MANDATORY REPORTERS OF SEXUAL ABUSE

Any licensed health care professional who delivers a baby or performs an abortion, who has prima facie evidence that a patient has been the victim of statutory rape in the first degree or statutory rape in the second degree, or if the patient is under the age of eighteen, that he or she has been a victim of sexual abuse, including forcible rape, sexual assault, or incest, shall be a mandatory reporter of such crimes and abuse.

SECTION 217.735 & SECTION 559.106 - LIFETIME SUPERVISION & ELECTRONIC MONITORING

These sections change which offenders must be under lifetime supervision by the Board of Probation and Parole and electronically monitored with a GPS tracking device.

Currently, 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, are required to be under lifetime supervision and electronically monitored.

These sections redefine who is a prior sex offender. Currently, a prior sex offender is a person who has previously pled guilty to or has been found guilty of another sex offense under Chapter 566, RSMo. This act modifies the definition to include those persons who have previously pled guilty to or have been found guilty of incest by having sex with the victim or endangering the welfare of a child in the first degree in a sexual manner.

These sections also require persons, who have been civilly committed as sexually violent predators and are later released, to be electronically monitored and under lifetime supervision.

SECTION 351.609 - EXPEDITING SUBPOENAS AND SEARCH WARRANTS OF FOREIGN CORPORATIONS

The provisions of this section shall apply to any subpoena or search warrant issued to search for records that are in the actual or constructive possession of a foreign corporation that provides electronic communication services or remote computing services to the general public, where those records would reveal the information concerning the customers using the service.

When properly served with a subpoena or search warrant issued by a Missouri court, a foreign corporation shall provide all records sought pursuant to the warrant within 5 business days of receipt, including any records maintained or located outside the state. For certain reasons, the time limit for production of the records may be shortened or extended.

A foreign corporation seeking to quash the subpoena or warrant must seek relief from the court that issued the subpoena or warrant within the time required for production of records under this section. The issuing court shall hear and decide that motion no later than five court days after the motion is filed.

A Missouri corporation that provides electronic communication services or remote computing services to the general public, when served with a subpoena or warrant issued by another state to produce records that reveal the customers using those services shall produce those records as if the subpoena or warrant was issued by a court of this state.

No cause of action shall lie against any foreign corporation or Missouri corporation subject to this section, its officers, employees, agents, or other specified persons for providing records, information, facilities, or assistance in accordance with the terms of a warrant subject to this section.

SECTION 489.042 - COMPUTER ACCESS FOR PROBATION/PAROLE OFFICERS

This section authorizes the Board of Probation and Parole or the court to require a person who is required to register as a sexual offender to give his or her assigned probation or parole officer access to his or her personal home computer as a condition of probation or parole in order to prevent such offender from obtaining and keeping child pornography or committing certain sexual offenses.

SECTION 544.025 - NO CONTACT ORDERS

Under this section, whenever a victim of a sexual offense initially makes a report of such offense to a law enforcement officer or a prosecuting attorney, such officer or attorney shall endeavor to inform the victim that he or she has the right to request a no contact order be issued against the alleged perpetrator and how the victim can obtain such an order.

Whenever a judge issues an arrest warrant for a person alleged to have committed a sexual offense, if a victim has requested a no contact order, the judge shall issue one at the same time. The order shall remain in effect until the criminal case is concluded. Any defendant who knowingly violates a no contact order shall have his or her bond revoked by the court.

SECTION 547.170 - DENYING BAIL TO CONVICTED PERSONS

This section adds certain sexual offenses involving children and pornography offenses involving children to the list of offenses for which a person cannot be granted bail after being sentenced.

SECTION 556.061 - DEFINITION OF DANGEROUS FELONY

This section redefines the term "dangerous felony" to include child kidnapping.

SECTION 558.018 - PERSISTENT SEXUAL OFFENDERS

This section increases the minimum term of imprisonment for a "persistent sexual offender" from 30 years without probation or parole to life imprisonment without eligibility for probation or parole.

SECTION 559.100 - NO PROBATION OR PAROLE

In addition to other offenses, this section prohibits the courts from granting probation or parole to persons convicted of failing to register as a sex offender as a third offense, statutory rape in the first degree, statutory sodomy in the first degree, sexual trafficking of a child, sexual trafficking of a child under the age of twelve, and enticement of a child.

SECTION 566.010 - DEFINITION OF "DEVIATE SEXUAL INTERCOURSE"

This section modifies the definition of the term "deviate sexual intercourse" to include certain sexual acts performed to terrorize the victim.

SECTION 566.030 - FORCIBLE RAPE

If a person inflicts serious injury, displays a weapon, or subjects the victim to sex with more than one person when committing forcible rape, the authorized term of imprisonment is life imprisonment or not less than fifteen years, rather than the current ten-year minimum term of imprisonment.

Under this section, the required term of imprisonment for a person who commits forcible rape and the victim is less than 12 years of age, shall be life imprisonment without eligibility for probation or parole until the person has served at least 25 years of his or her sentence or unless the person has reached the age of 75 years and has served at least 15 years of such sentence.

Any sexual intercourse with a child under the age of twelve shall be deemed to have been committed by use of forcible compulsion.

A person found guilty of or pleading guilty to forcible rape or attempt to commit forcible rape shall not be granted a suspended imposition of sentence or suspended execution of sentence.

SECTION 566.060 - FORCIBLE SODOMY

Under this section, the term of imprisonment for a person who commits forcible sodomy and the victim is less than 12 years of age, shall be life imprisonment without eligibility for probation or parole until the person has served at least 25 years of his or her sentence or unless the person has reached the age of 75 years and has served at least 15 years of such sentence.

Any deviate sexual intercourse with a child under the age of twelve shall be deemed to have been committed by use of forcible compulsion.

A person found guilty of or pleading guilty to forcible sodomy or attempt to commit forcible sodomy shall not be granted a suspended imposition of sentence or suspended execution of sentence.

SECTION 566.067 - CHILD MOLESTATION IN THE FIRST DEGREE

Under this section, a person who commits child molestation in the first degree against a child less than twelve years of age and with certain aggravating circumstances existing, shall be guilty of a Class A felony and shall serve his or her term of imprisonment without eligibility for probation or parole.

SECTION 566.083 - SEXUAL MISCONDUCT WITH A CHILD

This section specifies that sexual misconduct with a child may be committed in person or via the Internet. It is not an affirmative defense that the other person whom the offense was committed against was a peace officer masquerading as a minor.

SECTION 566.086 - SEXUAL CONTACT WITH A STUDENT

Currently, only a teacher who has sexual contact with a student while on public school property is guilty of the crime of sexual contact with a student.

Under this act, any teacher or student teacher, school employee or volunteer, volunteer of an organization working with the school, or any person employed by an entity that contracts with the public school district to provide services shall be guilty of such crime if he or she has sexual contact with a student on school property. The term "school property" includes the property of any public elementary or secondary school or any school bus used by the public school district.

The crime of sexual contact with a student is a Class D felony.

SECTION 566.090 - SEXUAL MISCONDUCT IN THE FIRST DEGREE

Under this section, a person can commit sexual misconduct in the first degree by knowingly exposing his or her genitals to another person without consent for the purpose of sexual gratification.

SECTION 566.140 - ASSESSMENT SERVICES

This section removes the exception which allows a person who provides assessment services for the state in sexual offender cases to be related within the third degree of consanguinity or affinity to any person who has a financial interest in a sex offender counseling program when there is only one qualified service provider within a reasonably accessible distance from the offender.

SECTION 566.145 - SEXUAL CONTACT WITH A PRISONER OR OFFENDER

This section expands the current crime of "sexual contact with an inmate" to "sexual contact with a prisoner or offender".

Currently, an employee of a prison, jail or correctional facility is guilty of sexual contact with an inmate by having sex with an inmate. Under this act, a person is also guilty of such crime if he or she is a probation and parole officer and has sex with an offender. An "offender" is a person in prison or jail or a person under supervision of the Board of Probation and Parole.

SECTION 566.151 - ENTICEMENT OF A CHILD

This section makes enticement of a child or attempting to entice a child a felony with an authorized term of imprisonment of not less than 5 years but not more than 30 years. No person convicted of this crime shall be eligible for probation, parole, conditional release, or suspended imposition or execution of sentence for five calendar years.

SECTION 566.213 - SEXUAL TRAFFICKING OF A CHILD UNDER TWELVE

This section creates the crime of sexual trafficking of a child under the age of twelve. A person commits this crime if the person recruits, entices, transports, provides, or causes a person under the age of twelve to engage in a commercial sex act. It is not an affirmative defense that the defendant believed that the person was twelve years of age or older. This crime is a felony with an authorized term of imprisonment of life imprisonment without eligibility for probation or parole for 25 years.

SECTION 573.010 - DEFINITION OF CHILD PORNOGRAPHY

This section modifies the definition of child pornography to include any visual depiction of sexually explicit conduct where: 1) the production involves the use of a minor engaging in sexually explicit conduct; 2) such depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or 3) such depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.

SECTION 575.195 - ESCAPING FROM COMMITMENT

This section specifies that individuals institutionally committed under the "sexual psychopath" statutes in effect prior to 1980 can be guilty of escaping from commitment. Escape from commitment or detention is a Class D felony.

SECTION 589.400 - SEXUAL OFFENDER REGISTRY

This section adds sexual contact with a resident of a nursing home, endangering the welfare of a child if committed in a sexual manner, genital mutilation, and sexual trafficking of a child, both generally and against children under the age of twelve, to the list of offenses for which a person must register as a sexual offender.

This section removes kidnaping when the victim is a child and the defendant is a parent or guardian of the child, felonious restraint when the victim is a child and the defendant is a parent or guardian of the child, and non-sexual child abuse from the list of offenses for which a person must register as a sexual offender. Individuals who are currently on the sexual offender registry for such offenses shall no longer be required to register as of August 28, 2006. Such person shall remain on the registry for any other offense for which he or she must register.

As of August 28, 2006, persons on the sexual offender registry for the following offenses may petition the court for removal from the registry after ten years:

• Promoting prostitution in the second or third degree

• Public display of explicit sexual material

• Statutory rape in the second degree.

The court may order such person's name removed from the registry if the person has no pending charges for which he or she would have to register and has not been found guilty of any other offense for which he or she was required to register during the past ten-year period. A person removed from the registry no longer has to fulfill the registration requirements unless he or she is later required to register for another offense.

This section modifies the term "chief law enforcement officer" to include the chief officer of St. Louis City as well as any county.

SECTION 589.402 - NEWSPAPER PUBLICATION AND WEBSITE INFORMATION

This section modifies what information shall be provided on the sexual offender registry website of any county or St. Louis City. In addition to the information currently provided, the website shall provide the following information about each offender: 1) known aliases, 2) date of birth or alias dates of birth, 3) last known residence, 4) temporary, work, and school addresses, 5) a physical description of the offender's vehicles, 6) the nature and date of qualifying offenses, 6) date of release, parole, or probation, and 7) the person's compliance status with the registry requirements.

This section allows the chief law enforcement officer of any county or St. Louis City to publish the registration information of sexual offenders living within the county or city in the newspaper.

This section modifies the term "chief law enforcement officer" to include the chief officer of St. Louis City as well as any county.

SECTION 589.407 - REGISTRATION INFORMATION

In addition to current information provided, this section requires any registered sexual offender to provide a description of his or her vehicles. Also, the offender must provide positive identification and documentation to substantiate the accuracy of the information provided on his or her registration form, including: 1) a copy of a valid driver's license or ID card; 2) a document verifying proof of the offender's residency; and 3) a copy of the vehicle registration for each of the offender's vehicles.

SECTION 589.414 - UPDATING PHOTOS OF SEXUAL OFFENDERS

This section requires registered sexual offenders to provide an updated photograph to law enforcement every five years when they go for their annual reporting.

This section modifies the term "chief law enforcement officer" to include the chief officer of St. Louis City as well as any county.

SECTION 589.425 - FAILING TO REGISTER AS A SEX OFFENDER

This section restructures the penalties for failing to register as a sex offender.

Under this act, a person who is required to register and does not complete all the requirements of registration is guilty of failing to register as a sex offender, which is a Class A misdemeanor unless the person is required to register based on having committed a sex crime under Chapter 566, RSMo, which is an unclassified felony, a Class A felony, a Class B felony, or any felony involving a child under the age of 14, in which case, it is a Class D felony.

Failing to register as a sex offender as a second offense is a Class D felony unless the person is required to register based on having committed a sex crime under Chapter 566, RSMo, which is an unclassified felony, a Class A felony, a Class B felony, or any felony involving a child under the age of 14, in which case, it is a Class C felony.

Failing to register as a sex offender as a third offense is a felony punished by a term of imprisonment of not less than 10 years but not more than 30 years. No court may suspend the imposition or execution of sentence of a person who commits such crime and no court may sentence such person to pay a fine in lieu of imprisonment. A person sentenced to such crime shall not be eligible for conditional release or parole until he or she has served at least two years of imprisonment. Upon release, a mandatory condition of supervision is that the offender shall be electronically monitored.

SECTION 632.480 - DEFINITION IN CIVIL COMMITMENT CHAPTER

This section modifies the definition of "sexually violent offense" to include child kidnapping or any other felony that is determined to be sexually motivated.

SECTION 632.484, 632.489, AND 632.495 - HOUSING SEXUALLY VIOLENT PREDATORS

These sections specify that individuals being detained by the court for evaluation to determine whether they are sexually violent predators and individuals who have already been determined to be sexually violent predators may be housed together in the same location by the Department of Mental Health.

SECTION 632.495 - SEXUALLY MOTIVATED OFFENSE

If a petition is filed alleging that a person committed a sexually violent offense for which a person could be civilly committed, the attorney general must prove by clear and convincing evidence that the offense was sexually motivated. "Sexually motivated" means one of the purposes for which the crime was committed was sexual arousal or gratification.

SECTION 632.498 - ANNUAL REVIEW BY THE COURT

Currently, each person civilly committed shall have an annual examination of his or her mental health. The court that committed the person shall conduct an annual review of the person's status and have a hearing.

Under this act, if the court determines at the hearing that the person no longer suffers from mental abnormalities that would likely make the person engage in sexual violence, the court shall set a trial on the issue. If the court finds at trial that the person is still a sexually violent predator, he or she shall remain in the custody of the department of mental health. If not, the person shall be conditionally released.

SECTION 632.501 & 632.504 - PETITIONS FOR RELEASE

If a person is released, the petition shall be served upon the court and the director of the Department of Mental Health, as well as the Attorney General.

SECTION 632.505 - CONDITIONAL RELEASE

This section establishes the requirements for conditional release. The Department of Corrections and the Department of Mental Health shall develop a conditional release plan, which addresses the various needs of the person being released. The Department of Mental Health shall submit the plan to the court and the court will determine whether it is sufficient. The court shall order that the person is subject to numerous conditions, including but not limited to, maintaining a residence approved by the department and employment, obeying all laws, not possessing a firearm, taking all medication, and not participating in activities with children without approval.

If a probation and parole officer believes the person should no longer be released, the officer may issue a warrant for the person's arrest. The warrant shall direct any peace officer to take the person into custody immediately in order to be returned to a secure facility.

If a mental health coordinator believes the person should no longer be released, he or she may request that a peace officer take the person into custody.

Upon being apprehended and returned to a facility, the department must notify the court. Within seven days, the department shall file a petition to revoke conditional release or continue the person on release. A person shall remain in custody until a hearing, which has priority on the docket, is held on the revocation. If the court finds the person is no longer suitable for conditional release, the court shall revoke such release and order the person?s return to a secure facility. If the person is not returned, the court may modify the conditions of release.

A person whose conditional release has been revoked may petition for subsequent release no sooner than 6 months after his or her return.

The departments may require a person on conditional release to pay a reasonable fee for providing services and monitoring.

SECTION 632.507 - VICTIMS' INFORMATION RIGHTS

This section requires the Attorney General to inform victims of a sexually violent offense of the filing of any petition for conditional release by the perpetrator.

SECTION 650.120 - HIGHWAY PATROL INTERNET CRIME INVESTIGATION

Subject to appropriation, the highway patrol shall create a program to investigate Internet sex crimes against children. The highway patrol shall designate members of the patrol to investigate such crimes against children and provide computer forensics on a full-time basis under this program. The Highway Patrol shall coordinate with any existing Internet Crimes Against Children task forces located in Missouri to investigate such crimes.

The highway patrol shall make computer forensics available to any multijursidictional Internet cyber crime law enforcement task force or law enforcement agency that requests such assistance.

Certain provisions in this act are similar to provisions in TAT/SS/SCS/HCS/HB 1698 et al (2006).

SUSAN HENDERSON MOORE