HB 1700 Modifies provisions relating to the sex offender registry

Current Bill Summary

- Prepared by Senate Research -


HCS/HB 1700 - This act modifies provisions relating to the sex offender registry.

SEX OFFENDER REGISTRY WEBSITE

This act removes the temporary, work, and school addresses of sex offenders and information related to vehicles owned by sex offenders from the sex offender registry website. In addition, it provides that the website shall only include a current photograph of the individual taken by the registering official rather than any photographs of the offender. Information concerning the status of the offender's term of incarceration, probation, or parole is added to the website.

This act excludes certain registered sex offenders from the website, including juvenile offenders and witnesses under active federal protection.

All of the above restrictions and requirements also apply to county law enforcement agency sex offender websites.

SEX OFFENDER REGISTRY

This act requires sex offenders to register with the chief county law enforcement official within five business days rather than three days.

This act requires the chief law enforcement official in the county to forward all copies of completed sex offender registration forms to cities, towns, villages, and campus law enforcement agencies within the county rather than allowing such entities to request copies of the forms.

Under current law, a person who is pardoned of the offense requiring registration does not have to continue registering as a sex offender. This act limits the exception for out-of-state pardons, which must explicitly state that the person no longer has to register in order for the exception to apply.

Offenders found guilty of the following crimes no longer have to register as sex offenders under this act: second and third degree sexual misconduct; first and second degree promoting obscenity; furnishing pornographic materials to minors; public display of explicit sexual material; and coercing acceptance of obscene material.

This act repeals provisions barring nonresident workers and students and temporary residents from being able to petition for removal from the sex offender registry.

This act specifies that sex offenders who were found guilty before the enactment of the state or federal sex offender registry are only required to register if currently incarcerated or under the supervision of the Department of Corrections.

PETITION FOR REMOVAL FROM THE REGISTRY

This act modifies the petition process for removal from the sex offender registry. All persons on the registry may file a petition to seek removal from the registry in the circuit in which the offense was adjudicated. If the offense was adjudicated in another state, territory, country or federal, tribal, or military jurisdiction, then the person may file a petition in his or her county of residence. Those convicted outside of the state must be a Missouri resident for one year before filing a petition.

Those found guilty of kidnaping in certain circumstances, forcible rape and sodomy, sexual trafficking of a child and child molestation when it is classified as an Class A felony must wait 20 years from the date the person was required to register before making such a petition. Those found guilty of all other offenses requiring registration must wait 10 years. If there are multiple offenses requiring registration, then the offender must wait until all required time periods for petitioning have lapsed.

The court must enter an order directing the removal of the petitioner's name and information from the registry within three business days unless the petitioner has been found guilty of, or has pending charges of, failing to register, is required to register for other offenses, has pending charges for an offense requiring registration, or has not successfully completed supervised release, probation, parole, or any required treatment programs.

This act limits when a person whose petition has been denied may file another petition.

COUNTY LAW ENFORCEMENT NOTICE PROCEDURES

This act repeals a provision that allows the chief law enforcement officer in a county to publish sex offender information in the local newspaper.

Instead, such law enforcement officers may notify any school and child care facility that a sex offender is residing, working, or attending school within five miles of the facility.

RELEASE OF SEX OFFENDERS FROM DETENTION OR PROBATION

Under current law, the official in charge of a facility in which sex offenders are held must inform such offenders of their duty to register prior to release, complete each offender's initial registration form, and forward it within three business days to the chief law enforcement officer of the county in which the person expects to reside. If the residence is out-of-state, the official must forward the registration to the Highway Patrol. If the offender is on probation, only has to pay a fine, or is released from a county jail, the court must inform the offender of registration requirements and obtain the offender’s expected address.

Under this act, the offender's registration must be forwarded to the Highway Patrol in addition to the local law enforcement agency even when the offender plans to live in Missouri. If the person does not plan to live in Missouri, the registration must be forwarded to the county law enforcement official in the county in which the correctional facility or mental health institution is located, or the county in which case was adjudicated if the person was not committed to such a facility, in addition to the Highway Patrol.

Under this act, a person who refuses to complete the registration or fails to register within five business days of release commits the crime of failure to register.

If the offender is on probation, the act requires that the court make it a condition of probation that the offender report within five business days to the chief county law enforcement officer in the county in which the case was adjudicated.

SEX OFFENDER REGISTRATION REQUIREMENTS

This act requires offenders to provide their aliases, maiden names, nicknames, pseudonyms, ethnic or tribal names, any alias birth dates, location information if the individual is homeless, the name and address of any place where the individual serves as a volunteer or unpaid intern, the general areas in which the person works or travels for work if the person's place of employment is not fixed, the status of the person's parole, probation, or supervised release, passport and immigration numbers, and a physical description.

Offenders no longer have to provide a photocopy of the vehicle registration for each of their vehicles.

This act requires the Highway Patrol to maintain registration information in digitized form. In addition, the Highway Patrol must immediately notify all jurisdictions in which an offender is required to register when an offender's information is updated.

This act establishes procedures for checking the accuracy of information on the sex offender registry and making updates.

HIGHWAY PATROL NOTICE REQUIREMENTS

This act requires the Highway Patrol to notify any other jurisdiction where the offender will be working, attending school, or temporarily residing if so indicated on an initial or renewed registration form within three business days of receiving the form.

SEX OFFENDER REPORTING REQUIREMENTS

Under current law, registered offenders must inform the local law enforcement agency of changes to certain information within three business days. This act requires such offenders to report changes within five business days. This act also adds new categories of information that the offender must update, including vehicle information and temporary residence information.

This act repeals a provision requiring certain offenders to report every 90 days to verify their registration information.

Under current law, most registrants, other than those who must report every 90 days, must report, in person, twice a year. This act modifies that provision so that most offenders must report once a year in person and report by mail six months after the in-person visit. Persons on the registry for certain other offenses must report in person twice a year and report by mail 90 days after each in-person visit.

Current law requires Missouri sex offenders who work or attend school or training in another state to register in that state. This act adds those who work as a volunteer or unpaid intern to the list of people who must register in another state and removes from the list those in another state for training.

The registering law enforcement official must take a photograph of the offender at one annual in-person visit.

MEGHAN LUECKE


Go to Main Bill Page  |  Return to Summary List  |  Return to Senate Home Page