HB 1562 Modifies provisions relating to victims of crime, stalking, and sex trafficking
Sponsor: Onder
LR Number: 4162H.02T Fiscal Notes
Committee: Seniors, Families and Children
Last Action: 6/22/2016 - Signed by Governor Journal Page: S3704
Title: HCS HB 1562 Calendar Position:
Effective Date: Varies
House Handler: Haahr

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Current Bill Summary


HCS/HB 1562 - This act contains provisions relating to victims of crime, stalking, and sex trafficking.

RECORDS OF CHILD VICTIMS OF SEX OFFENSES - 510.035, 545.950, & 595.226

Under this act, any visual or aural recordings or photographs of a minor, if that minor is alleged to be a victim of a sexual offense, created by or in the possession of a child assessment center, health care provider, or multidisciplinary team, shall not be copied or distributed to any individual or entity except as specifically provided in the act or as required by Supreme Court rule or a court order. The following persons or entities may access or share any copies of recordings or photographs for the following reasons: (1) Members of a multidisciplinary team for investigatory and related purposes; (2) Department of Social Services employees and their legal counsel for the provision of child protection and for administrative proceedings; (3) Department of Mental Health employees and their legal counsel for investigatory purposes and administrative proceedings; (4) the Office of the Child Advocate for reviews; (5) the Child Abuse and Neglect Review Board for reviews; and (6) the Attorney General as part of a legal proceeding.

If a court orders the copying or distribution of the recordings or photographs, the order shall limit the use of such recordings or photographs, prohibit further copying, and either require the return of the copies upon final disposition of the case or an affidavit certifying the destruction of such copies. In a criminal proceeding, the defendant's attorney, investigator, consulting legal counsel, or other agent shall not copy or distribute to a third party any recordings or photographs unless a court orders the copying or distribution upon a showing of good cause, notice and a hearing, and consideration of the safety and privacy interests of any victim. The defendant's attorney, investigator, consulting legal counsel, or other agent may allow a defendant, witness, or prospective witness to view such recordings or photographs, but shall not allow such person to have any copies.

Under current law, any information contained in any court record that could be used to identify or locate a victim of a sexual offense, domestic assault, or stalking is closed and redacted from such record prior to disclosure to the public. This act includes visual or aural recordings, including unobstructed visual images of the victim's face or body, in the information to be closed and redacted.

These provisions are substantially similar to SCS/SB 971 (2016), HCS/SS/SCS/SB 663 (2016), and HCS/HB 2202 (2016).

STALKING - 565.225

This act adds the act of knowingly accessing, or attempting to access, the address of a participant of the address confidentiality program administered by the Secretary of State to the elements of aggravated stalking.

Beginning in 2017, as a result of SB 491 (2014), aggravated stalking will be known as stalking in the first degree. This act also adds the act of knowingly accessing, or attempting to access, the address of a participant of the address confidentiality program to the elements of first degree stalking.

This provision is identical to SB 886 (2016), a provision of HCS/SS/SCS/SB 663 (2016), and SS/SCS/SBs 112, 212, 143, & 234 (2015) and is similar to SB 710 (2014).

SEX TRAFFICKING - 566.209, 566.210, 566.211, 566.212, & 566.213

Under current law, a person commits trafficking for the purposes of sexual exploitation if he or she knowingly recruits, entices, harbors, transports, provides, or obtains another person for sexual conduct, a sexual performance, or the production of explicit sexual material without his or her consent. This act adds, as an element to the crime, advertising the availability of another person for sexual conduct or a commercial sex act without his or her consent.

Under current law, a person commits sexual trafficking of a child by knowingly recruiting, enticing, harboring, transporting, providing, or obtaining a child to participate in a commercial sex act, a sexual performance, or the production of sexually explicit material. This act adds, as an element of sexual trafficking of a child, advertising the availability of a child to participate in a commercial sex act, a sexual performance, or the production of explicit sexual material.

These provisions are identical to HCS/SCS/SB 804 (2016) and HCS/SS/SCS/SB 663 (2016) and are similar to SCS/HB 152 (2015).

ADDRESS CONFIDENTIALITY PROGRAM - 589.660

Under current law, the Secretary of State administers a program to protect victims of domestic violence, rape, sexual assault, or stalking by assigning substitute addresses to such victims. State and local government agencies must accept the substitute address when creating public records relating to a participant in the program.

This act provides that victims of human trafficking may also participate in the program.

This provision is identical to HB 1396 (2016), HCS/SB 888 (2016), and SB 211 (2015).

MEGHAN LUECKE