Senate Committee Substitute

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.

SECTION 188.023 - Abortion Clinic Personnel

This section specifies that any abortion clinic personnel who have prima facie evidence that a client has been the victim of statutory rape are required to report such crime in the same manner as mandatory reporters.

SECTION 217.735 & SECTION 559.106 - Lifetime Supervision & Electronic Monitoring

This section changes which offenders must be under lifetime supervision by the Board of Probation and Parole and electronically monitored with a GPS tracking device. Currently, this section 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 under lifetime supervision and electronically monitored.

Under this act, any person convicted of forcible rape, forcible sodomy, statutory rape in the first degree, or statutory sodomy in the first degree, shall be under lifetime supervision and electronically monitored for a first offense committed on or after August 28, 2006.

Prior sex offenders, who commit child molestation, sexual misconduct or abuse, enticement of a child, or sexual trafficking of a child, against a child under the age of 14, shall continue to be subject to lifetime supervision and electronic monitoring.

SECTION 351.609 - Expediting Subpoenas of Foreign Corporations

The provisions of this section shall apply to any subpoena 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 issued by a Missouri court, a foreign corporation shall provide all records sought pursuant to the warrant within five 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 warrant must seek relief from the court that issued the 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 warrant issued by another state to produce records that reveal the customers using those services shall produce those records as if the 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 566.061 - 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 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

Under this section, the authorized 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 authorized 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 566.145 - 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 increases the penalty for enticing a child from a Class C felony to a Class B felony, unless the person has committed certain other offenses, in which case, it is a Class A felony instead of a Class B felony. The language providing for "attempting to entice" has been removed.

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, and genital mutilation to the list of offenses that a person must register for as a sexual offender if he or she pleads guilty or is found guilty.

This section removes kidnaping, felonious restraint, and child abuse that is not committed in a sexual manner from the list of offenses that a person must register for as a sexual offender if he or she pleads guilty or is found guilty. Individuals who are current 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 first, 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.

SECTION 589.402 - Newspaper Publication of Registry Information

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.

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.

SECTION 589.425 - GPS Tracking for Failing to Register a Second Time

This section requires any sexual offender to be electronically monitored for a period of ten years if he or she is found guilty or pleads guilty to the crime of failing to register for a second time. Any third or subsequent violation will result in an additional ten-year period of electronic monitoring.

SECTIONS 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.

SUSAN HENDERSON MOORE