SEX OFFENDER ONLINE DATABASE

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.

(Section 43.650)

BACKGROUND CHECKS FOR CHILDCARE PROVIDERS

This act modifies existing law regarding background checks for child care providers receiving federal or state funds for providing chid care services.

An applicant provider, persons employed by the provider, and other individuals and volunteers involved in caring for children for the provider or who are 17 or older and reside in the provider's child care home shall be required to submit to a background check prior to the application's approval and every 5 years thereafter, as well as submit to an annual check of the central registry for child abuse. (Section 210.025)

Additionally, this act requires license-exempt religious child care facilities to comply with the background check provisions under this act. (Sections 210.254 and 210.258)

Finally, prior to employment in a family child care home, a group child care home, a child care center, or a license-exempt child care facility, the child care provider shall request the results of a criminal background check for the individual from the Department of Health and Senior Services. Prospective staff members may begin working as soon as the background check has been requested, but shall be supervised at all times. Current staff members shall have background checks performed by January 31, 2019. A staff member shall be ineligible for employment or adult household member shall be ineligible to stay in a family child care home if the staff member or household member refuses to consent to the background check, knowingly makes a false statement in connection with the check, is registered or required to be registered as a sex offender, has a finding of child abuse and neglect, or has been convicted of certain felonies or violent misdemeanors.

A child care provider shall not be required to submit a request for a criminal background check if the staff member has received such background check within the past five years while employed with a Missouri child care provider and the Department of Health and Senior Services provided the results of the background check to that provider.

The Department shall process the background check request as soon as possible, but not to exceed 45 days following the request. The Department shall provide the child care provider information on the staff member or adult household member's eligibility, but shall not reveal to the provider any information on the reason for disqualification. However, the Department shall provide such reason for disqualification to the staff member or adult household member, as well as include information about the process to appeal the Department's decision.

(Section 210.1080)

This provision is identical to SCS/SB 985 (2018).

PERSISTENT, PRIOR, AND PREDATORY SEXUAL OFFENDERS

This act modifies the provisions regarding predatory sexual offenders and persistent sexual offenders, and establishes the designation of "prior sexual offender."

Currently, a person found to be a "predatory sexual offender" shall be sentenced to life imprisonment with eligibility for parole. This act provides that any such person shall not be eligible for parole. (Section 558.046)

Currently, if an offender qualifies as a predatory sexual offender, no second stage of trial with regards to sentencing shall commence and the court shall assess punishment. This act provides that if the jury at the first stage of a trial finds the defendant guilty of an offense which would qualify the defendant as a predatory sexual offender, the second stage of the trial shall be to determine whether the defendant is a predatory sexual offender. If the jury finds beyond a reasonable doubt that the offender is a predatory sexual offender, the court shall not seek an advisory verdict from the jury. If the jury determines the defendant is not a predatory sexual offender, a third stage of the trial shall determine sentencing.

(Sections 557.036 and 566.123)

Currently, a person who is found guilty of a sexual offense and has previously been found guilty of attempting to commit or committing a sexual offense shall be a "persistent sexual offender". This act establishes that a "prior sexual offender" is a person who has been previously found guilty of one sexual offense and a persistent sexual offender is a person who has been found guilty of two or more sexual offenses. (Section 566.124)

No court shall suspend the imposition of sentence for a persistent or prior sexual offender, nor shall such person be eligible for probation or parole until such person has served a minimum of three years' imprisonment. (Section 566.124)

This act provides court procedures for finding a person to be a persistent or prior sexual offender. A person who is found to be a prior sexual offender shall be sentenced to imprisonment one class higher than the offense for which the person was found guilty. A person found to be a persistent sexual offender shall be sentenced to imprisonment two classes higher than the offense for which the person was found guilty. A persistent sexual offender who is found guilty of a Class B felony shall be sentenced to the authorized term of imprisonment for a Class A felony. A persistent sexual offender found guilty of a Class A felony or a felony for which the maximum punishment is 30 years or more shall be sentenced to life imprisonment without the eligibility for probation or parole. (Section 566.124)

This provision is similar to SB 1097 (2018) and HCS/HB 415 (2017).

RESIDENCE RESTRICTIONS FOR SEXUAL OFFENDERS

This act provides that sex offenders shall be prohibited from living within 1,000 feet of a former victim.

Additionally, this act provides that measurements of distance for the purposes of restrictions on residences of sex offenders shall begin at the property line of the school or child care facility nearest to the sex offenders property. (Section 566.147)

This provision is identical to SCS/SB 689 (2018).

PROMOTING PROSTITUTION

This act modifies the offense of promoting prostitution in the first degree. A person may be found guilty of such offense if he or she owns, manages, or operates an interactive computer service with the intent to promote or facilitate the prostitution of another. Such offense shall be a Class A felony if the person, in addition to operating an interactive computer service with the intent to promote prostitution, promotes the prostitution of five or more persons or acts in reckless disregard of the fact that such conduct contributed to the offense of trafficking for the purposes of sexual exploitation. A person injured by such actions may recover civil damages and restitution. (Section 567.050)

SEX OFFENDER REGISTRATION

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.

(Sections 589.400 and 589.414)

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. (Section 589.401)

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. (Section 589.401)

Individuals who are released from a correctional facility, mental health institution, private jail, released on probation, dicharged 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. (Sections 589.403 and 589.405)

MIKE WEAVER