SB 655 Increases the minimum age for marriage from 15 to 16 years, modifies the sex offender registry system, and eliminates the statute of limitations for sexual offenses committed against minors
Sponsor: Sifton
LR Number: 4429S.03T Fiscal Notes
Committee: Judiciary and Civil and Criminal Jurisprudence
Last Action: 7/13/2018 - Signed by Governor Journal Page: S2506
Title: CCS HCS SB 655 Calendar Position: 3
Effective Date: August 28, 2018
House Handler: Bahr

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Current Bill Summary


CCS/HCS/SB 655 - This act increases the minimum age for marriage from 15 to 16 years, modifies the sex offender registry system, and eliminates the statute of limitations for sexual offenses committed against minors.

SEX OFFENDER DATABASE AND REGISTRATION

(Sections 43.650, 589.400, 589.401, 589.402, 589.403, 589.404, 589.405, 589.407, 589.414)

This act provides that the State Highway Patrol's online sex offender database which is available to the public shall include the offender tier level established in this act.

This act establishes that a juvenile offender who is 14 or older at the time of an offense equal to or more severe than aggravated sexual abuse under federal law shall be exempt from public notification to include any adjudications from another state, territory, the District of Columbia, or foreign country or any federal, tribal, or military jurisdiction.

Currently, individuals who are required to register with the Missouri Sexual Offender Registry must register within three days of adjudication, release from incarceration, placement on probation, or, for juveniles, within three days of adjudication or release from commitment to the Division of Youth Services, the Department of Mental Health, or other placement. This act provides that the offender must register within three business days. This act sets out and defines different tiers for offenses, which carry different reporting and registration requirements. The different tier registration requirements include registration duration and provisions for registration for duration reduction. The act also specifies which individuals are exempt from the registration requirements.

Certain individuals on the sex offender registry may file a petition for removal, according to the procedures established in the act, in the circuit in which the qualifying offense was committed. Individuals seeking removal who were required to register in Missouri because of an offense committed in another state must file for removal based on the laws of the jurisdiction in which the offense was adjudicated. Once the petition for removal is granted in the other jurisdiction, the judgment may be registered in Missouri in the county in which the individual is required to register.

The court shall not deny the petition unless the petition violated the requirements specified in the act or the prosecuting attorney provided evidence demonstrating the petition should be denied. Individuals who are required to register but who have committed certain specified offenses are exempt from the public notification requirements if they satisfy specified elements. Juveniles required to register shall be exempt from public notification.

Individuals who are released from a correctional facility, mental health institution, private jail, released on probation, discharged upon payment of a fine, confinement in a county jail, or any other private facility recognized or contracted with the Department of Corrections shall be informed of his or her duty to register, and the official in charge shall complete the initial registration notification at least seven days before an offender's release. The official shall also forward the offender's registration within three business days of the offender's release to the State Highway Patrol and the chief law enforcement official where the offender is expected to reside. The act specifies requirements for registration, including a photograph of the offender, updated at regular intervals as specified in the act. If the offender refuses to complete and sign the registration information as outlined or fails to register with the chief law enforcement official within three business days as directed, the offender commits the offense of failure to register.

This provision is substantially similar to a provision of SCS/HCS/HB 2042 (2018).

MINIMUM AGE FOR MARRIAGE (Section 451.090)

Under current law, no recorder shall issue a marriage license authorizing the marriage of a person under 15 without a court order for good cause shown. This act raises the minimum age of marriage to 16 and removes the discretion for the court to issue a license to anyone under the minimum age.

Additionally, no license shall be issued for the marriage of a person 21 years or older if the other party is less than 17 years of age. Applicants for a marriage license shall provide proof of age to the recorder in the form of a certified copy of a birth certificate, passport, or other government-issued identification.

This provision is similar to HB 1630 (2018), HB 2665 (2018), HB 2742 (2018), HB 270 (2017), and to a provision in HCS/SS/SB 124 (2017).

STATUTE OF LIMITATIONS (Section 556.037)

This act provides that there is no statute of limitations for sexual offenses for which registration is required which involve a person eighteen years of age or younger.

This provision is identical to a provision of HB 1590 (2018), and is similar to a provision of HCS/HBs 1987 & 2185 (2018), SS/SCS/HB 1633 (2018), SCS/SB 352 (2017), SB 696 (2016), and SB 467 (2015).

MIKE WEAVER