HB 1289 Modifies provisions relating to the registration of sexual offenders

Current Bill Summary

- Prepared by Senate Research -


HCS/HB 1289 - This act modifies provisions relating to the registration of sexual offenders.

LIFETIME SUPERVISION FOR CERTAIN OFFENDERS (Section 217.735)

Under this act, if an offender subject to lifetime supervision in Missouri is supervised during the offender's probation, parole, or conditional release in a receiving state under the Interstate Compact for Adult Offender Supervision, such offender shall be permitted to remain in the receiving state following completion of probation, parole, or conditional release. The Parole Board shall defer to the standards of supervision of the receiving state, including electronic monitoring. If at any time the offender returns to Missouri for more than 30 consecutive days, the offender shall be subject to lifetime supervision.

REGISTRATION REQUIREMENTS OF SEX OFFENDERS (SECTION 589.400)

Under current law, certain sex offenders must register with the chief law enforcement officers of their county of residence unless their offenses are set aside, they are no longer required to register under the law, or the court orders their removal from the registry.

This act repeals the provision that a sex offender must register unless they are no longer required to register under the law.

DEFINITIONS (SECTION 589.404)

This act modifies the definitions of "adjudicated", "adjudication", and "sex offense" to include individual charges adjudicated as part of a multi-count offense.

REPORTING IN PERSON TO CHIEF LAW ENFORCEMENT OFFICIAL (SECTION 589.414)

Under current law, tier I, II, and III sexual offenders must report at certain times to chief law enforcement officials to verify the information contained in their registration statement. Each tier contains certain offenses.

This act removes from tier I the offenses of sexual abuse in the first degree if the victim is over 18, sexual misconduct involving a child under certain circumstances, and kidnapping in the second degree and third degree.

This act adds to tier I any offender who has been adjudicated for sexual misconduct in the first degree or sexual abuse in the second degree if the offense was a misdemeanor charge. This act also adds to tier I the offense of sexual conduct with a nursing facility resident or vulnerable person in the first degree if the offense was a misdemeanor charge. Tier I offenders also include sexual misconduct in the second and third degree as it existed prior to August 28, 2013, child molestation in the second degree if charged as a misdemeanor, and sexual assault in the second degree as it existed prior to August 28, 1994, if no force or threat of force was used and no injury was inflicted on any person.

This act removes from tier II the offense of sexual contact with a student if the victim is 13 to 17 years of age. This act adds to tier II the offense of sexual misconduct in the first degree as it existed prior to August 28, 2013, if the offense is a felony.

This act adds to tier III the offense of sexual abuse as it existed prior to August 28, 2013, felonious restraint if it is sexual in nature as it existed prior to January 1, 2017, kidnapping in the second degree or third degree if it is sexual in nature, false imprisonment if it is sexual in nature as it existed prior to January 1, 2017, or sexual assault in the second degree as it existed prior to August 28, 1994 if it is a Class C felony.

This act also modifies the offense of sexual conduct with a student if the victim is under thirteen and changes the age to 18 years or under.

MARY GRACE BRUNTRAGER


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