EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE BILL NO. 134
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR FITZWATER.
0804S.02I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 566.149, 589.401, 589.414, and 595.209, RSMo, and to enact in lieu thereof
four new sections relating to public safety, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 566.149, 589.401, 589.414, and 1
595.209, RSMo, are repealed and four new sections enacted in 2
lieu thereof, to be known as sections 566.149, 589.401, 589.414, 3
and 595.209, to read as follows:4
566.149. 1. Any person who has been found guilty of: 1
(1) Violating any of the provisions of this chapter or 2
the provisions of section 568.020, incest; secti on 568.045, 3
endangering the welfare of a child in the first degree; 4
subsection 2 of section 568.080 as it existed prior to 5
January 1, 2017, or section 573.200, use of a child in a 6
sexual performance; section 568.090 as it existed prior to 7
January 1, 2017, or section 573.205, promoting a sexual 8
performance by a child; section 573.023, sexual exploitation 9
of a minor; section 573.037, possession of child 10
pornography; section 573.025, promoting child pornography; 11
or section 573.040, furnishing pornogra phic material to 12
minors; or 13
(2) Any offense in any other jurisdiction which, if 14
committed in this state, would be a violation listed in this 15
section; 16 SB 134 2
shall not be present in or loiter within five hundred feet 17
of any school building, on real prope rty comprising any 18
school, or in any conveyance owned, leased, or contracted by 19
a school to transport students to or from school or a school - 20
related activity when persons under the age of eighteen are 21
present in the building, on the grounds, or in the 22
conveyance, unless the offender is a parent, legal guardian, 23
or custodian of a student present in the building and has 24
met the conditions set forth in subsection 2 of this section. 25
2. No parent, legal guardian, or custodian who has 26
been found guilty of violating any of the offenses listed in 27
subsection 1 of this section , except as provided in 28
subsection 3 of this section, shall be present in any school 29
building, on real property comprising any school, or in any 30
conveyance owned, leased, or con tracted by a school to 31
transport students to or from school or a school -related 32
activity when persons under the age of eighteen are present 33
in the building, on the grounds or in the conveyance unless 34
the parent, legal guardian, or custodian has permiss ion to 35
be present from the superintendent or school board or in the 36
case of a private school from the principal. In the case of 37
a public school, if permission is granted, the 38
superintendent or school board president must inform the 39
principal of the school where the sex offender will be 40
present. Permission may be granted by the superintendent, 41
school board, or in the case of a private school from the 42
principal for more than one event at a time, such as a 43
series of events, however, the parent, lega l guardian, or 44
custodian must obtain permission for any other event he or 45
she wishes to attend for which he or she has not yet had 46
permission granted. 47 SB 134 3
3. No parent, legal guardian, or custodian who has 48
been required to register as a tier III offe nder because of 49
having been adjudicated for a tier III offense as provided 50
in section 589.414 shall be present in any school building 51
on real property comprising any school, or in any conveyance 52
owned, leased, or contracted by a school to transport 53
students to or from school or a school -related activity when 54
persons under the age of eighteen are present in the 55
building, on the grounds, or in the conveyance. 56
4. Regardless of the person's knowledge of his or her 57
proximity to school property or a school-related activity, 58
violation of the provisions of this section is a class A 59
misdemeanor. 60
589.401. 1. A person on the sexual offender registry 1
may file a petition in the division of the circuit court in 2
the county or city not within a county in which the offense 3
requiring registration was committed to have his or her name 4
removed from the sexual offender registry. 5
2. A person who is required to register in this state 6
because of an offense that was adjudicated in anoth er 7
jurisdiction shall file his or her petition for removal 8
according to the laws of the state, territory, tribal, or 9
military jurisdiction, the District of Columbia, or foreign 10
country in which his or her offense was adjudicated. Upon 11
the grant of the petition for removal in the jurisdiction 12
where the offense was adjudicated, such judgment may be 13
registered in this state by sending the information required 14
under subsection 5 of this section as well as one 15
authenticated copy of the order granting r emoval from the 16
sexual offender registry in the jurisdiction where the 17
offense was adjudicated to the court in the county or city 18
not within a county in which the offender is required to 19 SB 134 4
register. On receipt of a request for registration removal, 20
the registering court shall cause the order to be filed as a 21
foreign judgment, together with one copy of the documents 22
and information, regardless of their form. The petitioner 23
shall be responsible for costs associated with filing the 24
petition. 25
3. A person required to register : 26
(1) As a tier III offender ; 27
(2) Under subdivision (7) of subsection 1 of section 28
589.400; or 29
(3) As a result of an offense that is sexual in nature 30
committed against a minor or against an incapacitated per son 31
as defined under section 475.010; 32
shall not file a petition under this section unless the 33
requirement to register results from a juvenile adjudication. 34
4. The petition shall be dismissed without prejudice 35
if the following time periods have not elapsed since the 36
date the person was required to register for his or her most 37
recent offense under sections 589.400 to 589.425: 38
(1) For a tier I offense, ten years; 39
(2) For a tier II offense, twenty -five years; or 40
(3) For a tier III offense adjudicated delinquent, 41
twenty-five years. 42
5. The petition shall be dismissed without prejudice 43
if it fails to include any of the following: 44
(1) The petitioner's: 45
(a) Full name, including any alias used by the 46
individual; 47
(b) Sex; 48
(c) Race; 49
(d) Date of birth; 50 SB 134 5
(e) Last four digits of the Social Security number; 51
(f) Address; and 52
(g) Place of employment, school, or volunteer status; 53
(2) The offense and tier of the offense that required 54
the petitioner to register; 55
(3) The date the petitioner was adjudicated for the 56
offense; 57
(4) The date the petitioner was required to register; 58
(5) The case number and court, including the county or 59
city not within a county, that entered the original order 60
for the adjudicated sex offense; 61
(6) Petitioner's fingerprints on an applicant 62
fingerprint card; 63
(7) If the petitioner was pardoned or an offense 64
requiring registration was reversed, vacated, or set aside, 65
an authenticated copy of the order; and 66
(8) If the petitioner is currently registered under 67
applicable law and has not been adjudicated for failure to 68
register in any jurisdiction and does not have any charges 69
pending for failure to register. 70
6. The petition shall name as respondents the Missouri 71
state highway patrol and the chief law enforcement official 72
in the county or city not within a county in which the 73
petition is filed. 74
7. All proceedings under this section shall be 75
governed under the Missour i supreme court rules of civil 76
procedure. 77
8. The person seeking removal or exemption from the 78
registry shall provide the prosecuting attorney in the 79
circuit court in which the petition is filed with notice of 80
the petition. The prosecuting attorn ey may present evidence 81
in opposition to the requested relief or may otherwise 82 SB 134 6
demonstrate the reasons why the petition should be denied. 83
Failure of the person seeking removal or exemption from the 84
registry to notify the prosecuting attorney of the pe tition 85
shall result in an automatic denial of such person's 86
petition. 87
9. The prosecuting attorney in the circuit court in 88
which the petition is filed shall have access to all 89
applicable records concerning the petitioner including, but 90
not limited to, criminal history records, mental health 91
records, juvenile records, and records of the department of 92
corrections or probation and parole. 93
10. The prosecuting attorney shall make reasonable 94
efforts to notify the victim of the crime for which t he 95
person was required to register of the petition and the 96
dates and times of any hearings or other proceedings in 97
connection with such petition. 98
11. The court shall not enter an order directing the 99
removal of the petitioner's name from the sexua l offender 100
registry unless it finds the petitioner: 101
(1) Has not been adjudicated or does not have charges 102
pending for any additional nonsexual offense for which 103
imprisonment for more than one year may be imposed since the 104
date the offender was re quired to register for his or her 105
current tier level; 106
(2) Has not been adjudicated or does not have charges 107
pending for any additional sex offense that would require 108
registration under sections 589.400 to 589.425 since the 109
date the offender was r equired to register for his or her 110
current tier level, even if the offense was punishable by 111
less than one year imprisonment; 112
(3) Has successfully completed any required periods of 113
supervised release, probation, or parole without revocation 114 SB 134 7
since the date the offender was required to register for his 115
or her current tier level; 116
(4) Has successfully completed an appropriate sex 117
offender treatment program as approved by a court of 118
competent jurisdiction or the Missouri department of 119
corrections; and 120
(5) Is not a current or potential threat to public 121
safety. 122
12. In order to meet the criteria required by 123
subdivisions (1) and (2) of subsection 11 of this section, 124
the fingerprints filed in the case shall be examined by the 125
Missouri state highway patrol. The petitioner shall be 126
responsible for all costs associated with the fingerprint - 127
based criminal history check of both state and federal files 128
under section 43.530. 129
13. If the petition is denied due to an adjudication 130
in violation of subdivision (1) or (2) of subsection 11 of 131
this section, the petitioner shall not file a new petition 132
under this section until: 133
(1) Fifteen years have passed from the date of the 134
adjudication resulting in the denial of relief if the 135
petitioner is classified as a tier I offender; 136
(2) Twenty-five years have passed from the date of 137
adjudication resulting in the denial of relief if the 138
petitioner is classified as a tier II offender; or 139
(3) Twenty-five years have passed from the date of the 140
adjudication resulting in the denial of relief if the 141
petitioner is classified as a tier III offender on the basis 142
of a juvenile adjudication. 143
14. If the petition is denied due to the petitioner 144
having charges pending in violatio n of subdivision (1) or 145 SB 134 8
(2) of subsection 11 of this section, the petitioner shall 146
not file a new petition under this section until: 147
(1) The pending charges resulting in the denial of 148
relief have been finally disposed of in a manner other than 149
adjudication; or 150
(2) If the pending charges result in an adjudication, 151
the necessary time period has elapsed under subsection 13 of 152
this section. 153
15. If the petition is denied for reasons other than 154
those outlined in subsection 11 of this sect ion, no 155
successive petition requesting such relief shall be filed 156
for at least five years from the date the judgment denying 157
relief is entered. 158
16. If the court finds the petitioner is entitled to 159
have his or her name removed from the sexual offe nder 160
registry, the court shall enter judgment directing the 161
removal of the name. A copy of the judgment shall be 162
provided to the respondents named in the petition. 163
17. Any person subject to the judgment requiring his 164
or her name to be removed fr om the sexual offender registry 165
is not required to register under sections 589.400 to 166
589.425 unless such person is required to register for an 167
offense that was different from that listed on the judgment 168
of removal. 169
18. The court shall not deny t he petition unless the 170
petition failed to comply with the provisions of sections 171
589.400 to 589.425 or the prosecuting attorney provided 172
evidence demonstrating the petition should be denied. 173
589.414. 1. Any person required by sectio ns 589.400 1
to 589.425 to register shall, within three business days, 2
appear in person to the chief law enforcement officer of the 3 SB 134 9
county or city not within a county if there is a change to 4
any of the following information: 5
(1) Name; 6
(2) Residence; 7
(3) Employment, including status as a volunteer or 8
intern; 9
(4) Student status; or 10
(5) A termination to any of the items listed in this 11
subsection. 12
2. Any person required to register under sections 13
589.400 to 589.425 shall , within three business days, notify 14
the chief law enforcement official of the county or city not 15
within a county of any changes to the following information: 16
(1) Vehicle information; 17
(2) Temporary lodging information; 18
(3) Temporary residence information; 19
(4) Email addresses, instant messaging addresses, and 20
any other designations used in internet communications, 21
postings, or telephone communications; or 22
(5) Telephone or other cellular number, including any 23
new forms of electronic communication. 24
3. The chief law enforcement official in the county or 25
city not within a county shall immediately forward the 26
registration changes described under subsections 1 and 2 of 27
this section to the Missouri state highway patrol wit hin 28
three business days. 29
4. If any person required by sections 589.400 to 30
589.425 to register changes such person's residence or 31
address to a different county or city not within a county, 32
the person shall appear in person and shall inform both th e 33
chief law enforcement official with whom the person last 34
registered and the chief law enforcement official of the 35 SB 134 10
county or city not within a county having jurisdiction over 36
the new residence or address in writing within three 37
business days of such new address and phone number, if the 38
phone number is also changed. If any person required by 39
sections 589.400 to 589.425 to register changes his or her 40
state, territory, the District of Columbia, or foreign 41
country, or federal, tribal, or military jur isdiction of 42
residence, the person shall appear in person and shall 43
inform both the chief law enforcement official with whom the 44
person was last registered and the chief law enforcement 45
official of the area in the new state, territory, the 46
District of Columbia, or foreign country, or federal, 47
tribal, or military jurisdiction having jurisdiction over 48
the new residence or address within three business days of 49
such new address. Whenever a registrant changes residence, 50
the chief law enforcement offici al of the county or city not 51
within a county where the person was previously registered 52
shall inform the Missouri state highway patrol of the change 53
within three business days. When the registrant is changing 54
the residence to a new state, territory, t he District of 55
Columbia, or foreign country, or federal, tribal, or 56
military jurisdiction, the Missouri state highway patrol 57
shall inform the responsible official in the new state, 58
territory, the District of Columbia, or foreign country, or 59
federal, tribal, or military jurisdiction of residence 60
within three business days. 61
5. Tier I sexual offenders, in addition to the 62
requirements of subsections 1 to 4 of this section, shall 63
report in person to the chief law enforcement official 64
annually in the month of their birth to verify the 65
information contained in their statement made pursuant to 66
section 589.407. Tier I sexual offenders include: 67 SB 134 11
(1) Any offender who has been adjudicated for the 68
offense of: 69
(a) Sexual abuse in the first de gree under section 70
566.100 if the victim is eighteen years of age or older; 71
(b) [Sexual misconduct involving a child under section 72
566.083 if it is a first offense and the punishment is less 73
than one year; 74
(c)] Sexual abuse in the second deg ree under section 75
566.101 if the punishment is less than a year; 76
[(d)] (c) Kidnapping in the second degree under 77
section 565.120 with sexual motivation; 78
[(e)] (d) Kidnapping in the third degree under section 79
565.130; 80
[(f)] (e) Sexual conduct with a nursing facility 81
resident or vulnerable person in the first degree under 82
section 566.115 if the punishment is less than one year; 83
[(g)] (f) Sexual conduct under section 566.116 with a 84
nursing facility resident or vulnerable person; 85
[(h)] (g) Sexual [contact with a prisoner or offender ] 86
conduct in the course of public duty under section 566.145 87
if the victim is eighteen years of age or older; 88
[(i)] (h) Sex with an animal under section 566.111; 89
[(j)] (i) Trafficking for the purpose of sexual 90
exploitation under section 566.209 if the victim is eighteen 91
years of age or older; 92
[(k)] (j) Possession of child pornography under 93
section 573.037; 94
[(l)] (k) Sexual misconduct in the first degree under 95
section 566.093; 96
[(m)] (l) Sexual misconduct in the second degree under 97
section 566.095; 98 SB 134 12
[(n) Child molestation in the second degree under 99
section 566.068 as it existed prior to January 1, 2017, if 100
the punishment is less than one year; ] or 101
[(o)] (m) Invasion of privacy under section 565.252 if 102
the victim is less than eighteen years of age; 103
(2) Any offender who is or has been adjudicated in any 104
other state, territory, the District of Columbia, or foreign 105
country, or under federal, tribal, or military jurisdiction 106
of an offense of a sexual nature or with a sexual element 107
that is comparable to the tier I sexual offenses listed in 108
this subsection or, if not comparable to those in this 109
subsection, comparable to those described as tier I off enses 110
under the Sex Offender Registration and Notification Act, 111
Title I of the Adam Walsh Child Protection and Safety Act of 112
2006, Pub. L. 109-248. 113
6. Tier II sexual offenders, in addition to the 114
requirements of subsections 1 to 4 of this section , shall 115
report semiannually in person in the month of their birth 116
and six months thereafter to the chief law enforcement 117
official to verify the information contained in their 118
statement made pursuant to section 589.407. Tier II sexual 119
offenders include: 120
(1) Any offender who has been adjudicated for the 121
offense of[: 122
(a) Statutory sodomy in the second degree under 123
section 566.064 if the victim is sixteen to seventeen years 124
of age; 125
(b) Child molestation in the third degree under 126
section 566.069 if the victim is between thirteen and 127
fourteen years of age; 128
(c) Sexual contact with a student under section 129
566.086 if the victim is thirteen to seventeen years of age; 130 SB 134 13
(d) Enticement of a child under section 566.151; 131
(e) Abuse of a child under section 568.060 if the 132
offense is of a sexual nature and the victim is thirteen to 133
seventeen years of age; 134
(f) Sexual exploitation of a minor under section 135
573.023; 136
(g) Promoting child pornography in the first degree 137
under section 573.025; 138
(h) Promoting child pornography in the second degree 139
under section 573.035; 140
(i)] patronizing prostitution under section 567.030; 141
[(j) Sexual contact with a prisoner or offender under 142
section 566.145 if the victim i s thirteen to seventeen years 143
of age; 144
(k) Child molestation in the fourth degree under 145
section 566.071 if the victim is thirteen to seventeen years 146
of age; 147
(l) Sexual misconduct involving a child under section 148
566.083 if it is a first offen se and the penalty is a term 149
of imprisonment of more than a year; or 150
(m) Age misrepresentation with intent to solicit a 151
minor under section 566.153; ] 152
(2) Any person who is adjudicated of an offense 153
comparable to a tier I offense listed in th is section or 154
failure to register offense under section 589.425 or 155
comparable out-of-state failure to register offense and who 156
is already required to register as a tier I offender due to 157
having been adjudicated of a tier I offense on a previous 158
occasion; or 159
(3) Any person who is or has been adjudicated in any 160
other state, territory, the District of Columbia, or foreign 161
country, or under federal, tribal, or military jurisdiction 162 SB 134 14
for an offense of a sexual nature or with a sexual element 163
that is comparable to the tier II sexual offenses listed in 164
this subsection or, if not comparable to those in this 165
subsection, comparable to those described as tier II 166
offenses under the Sex Offender Registration and 167
Notification Act, Title I of the Adam Wal sh Child Protection 168
and Safety Act of 2006, Pub. L. 109 -248. 169
7. Tier III sexual offenders, in addition to the 170
requirements of subsections 1 to 4 of this section, shall 171
report in person to the chief law enforcement official every 172
ninety days to verify the information contained in their 173
statement made under section 589.407 and the court shall be 174
required to order the sexual offender to be monitored using 175
electronic monitoring equipment pursuant to section 455.095 176
for the sexual offender's lifeti me. Tier III sexual 177
offenders include: 178
(1) Any offender registered as a predatory sexual 179
offender [as defined in section 566.123 ] or a persistent 180
sexual offender as defined in section [566.124] 566.125; 181
(2) Any offender who has been adjudic ated for the 182
crime of: 183
(a) Rape in the first degree under section 566.030; 184
(b) Statutory rape in the first degree under section 185
566.032; 186
(c) Rape in the second degree under section 566.031; 187
(d) Endangering the welfare of a child i n the first 188
degree under section 568.045 if the offense is sexual in 189
nature; 190
(e) Sodomy in the first degree under section 566.060; 191
(f) Statutory sodomy under section 566.062; 192
(g) Statutory sodomy under section 566.064 if the 193
victim is under sixteen years of age; 194 SB 134 15
(h) Sodomy in the second degree under section 566.061; 195
(i) Sexual misconduct involving a child under section 196
566.083 [if the offense is a second or subsequent offense ]; 197
(j) Sexual abuse in the first degree und er section 198
566.100 if the victim is under thirteen years of age; 199
(k) Age misrepresentation with intent to solicit a 200
minor under section 566.153; 201
(l) Enticement of a child under section 566.151; 202
(m) Kidnapping in the first degree under s ection 203
565.110 if the victim is under eighteen years of age, 204
excluding kidnapping by a parent or guardian; 205
[(l)] (n) Child kidnapping under section 565.115 with 206
sexual motivation; 207
[(m)] (o) Sexual conduct with a nursing facility 208
resident or vulnerable person in the first degree under 209
section 566.115 if the punishment is greater than a year; 210
[(n)] (p) Incest under section 568.020; 211
[(o)] (q) Endangering the welfare of a child in the 212
first degree under section 568.045 with sexual intercourse 213
or deviate sexual intercourse with a victim under eighteen 214
years of age; 215
[(p)] (r) Child molestation in the first degree under 216
section 566.067; 217
[(q)] (s) Child molestation in the second degree under 218
section 566.068 or child molestation in the second degree 219
under section 566.068 as it existed prior to January 1, 220
2017, if the punishment is less than one year ; 221
[(r)] (t) Child molestation in the third degree under 222
section 566.069 if the victim is under [thirteen] fourteen 223
years of age; 224 SB 134 16
[(s)] (u) Promoting prostitution in the first degree 225
under section 567.050 if the victim is under eighteen years 226
of age; 227
[(t)] (v) Promoting prostitution in the second degree 228
under section 567.060 if the victim is under eighteen years 229
of age; 230
[(u)] (w) Promoting prostitution in the third degree 231
under section 567.070 if the victim is under eighteen years 232
of age; 233
[(v)] (x) Promoting travel for prostitution under 234
section 567.085 if the victim is under eighteen years of age; 235
[(w)] (y) Trafficking for the purpose of sexual 236
exploitation under section 566.209 if the victim is under 237
eighteen years of age; 238
[(x)] (z) Sexual trafficking of a child in the first 239
degree under section 566.210; 240
[(y)] (aa) Sexual trafficking of a child in the second 241
degree under section 566.211; 242
[(z)] (bb) Genital mutilation of a female child under 243
section 568.065; 244
[(aa)] (cc) Statutory rape in the second degree under 245
section 566.034; 246
[(bb)] (dd) Child molestation in the fourth degree 247
under section 566.071 if the victim is under [thirteen] 248
seventeen years of age; 249
[(cc)] (ee) Sexual abuse in the second degree under 250
section 566.101 if the penalty is a term of imprisonment of 251
more than a year; 252
[(dd)] (ff) Patronizing prostitution under section 253
567.030 if the offender is a persistent offender or if the 254
victim is under eighteen years of age ; 255 SB 134 17
[(ee)] (gg) Abuse of a child under section 568.060 if 256
the offense is of a sexual nature and the vict im is under 257
[thirteen] eighteen years of age; 258
[(ff)] (hh) Sexual [contact with a prisoner or 259
offender] conduct in the course of public duty under section 260
566.145 if the victim is under [thirteen] eighteen years of 261
age; 262
[(gg) Sexual intercourse with a prisoner or offender 263
under section 566.145; 264
(hh)] (ii) Sexual contact with a student under section 265
566.086 if the victim is under [thirteen] eighteen years of 266
age; 267
(jj) Sexual exploitation of a minor under section 268
573.023; 269
(kk) Promoting child pornography in the first degree 270
under section 573.025; 271
(ll) Promoting child pornography in the second degree 272
under section 573.035; 273
[(ii)] (mm) Use of a child in a sexual performance 274
under section 573.200; or 275
[(jj)] (nn) Promoting a sexual performance by a child 276
under section 573.205; 277
(3) Any offender who is adjudicated for a crime 278
comparable to a tier I or tier II offense listed in this 279
section or failure to register offense under section 280
589.425, or other comparable out-of-state failure to 281
register offense, who has been or is already required to 282
register as a tier II offender because of having been 283
adjudicated for a tier II offense, two tier I offenses, or 284
combination of a tier I offense and failure to register 285
offense, on a previous occasion; 286 SB 134 18
(4) Any offender who is adjudicated in any other 287
state, territory, the District of Columbia, or foreign 288
country, or under federal, tribal, or military jurisdiction 289
for an offense of a sexual nature or with a sexual element 290
that is comparable to a tier III offense listed in this 291
section or a tier III offense under the Sex Offender 292
Registration and Notification Act, Title I of the Adam Walsh 293
Child Protection and Safety Act of 2006, Pub. L. 109 -248; or 294
(5) Any offender who is adjudicated in Missouri for 295
any offense of a sexual nature requiring registration under 296
sections 589.400 to 589.425 that is not classified as a tier 297
I or tier II offense in this section. 298
8. In addition to the require ments of subsections 1 to 299
7 of this section, all Missouri registrants who work, 300
including as a volunteer or unpaid intern, or attend any 301
school whether public or private, including any secondary 302
school, trade school, professional school, or institution of 303
higher education, on a full -time or part-time basis or have 304
a temporary residence in this state shall be required to 305
report in person to the chief law enforcement officer in the 306
area of the state where they work, including as a volunteer 307
or unpaid intern, or attend any school or training and 308
register in that state. "Part-time" in this subsection 309
means for more than seven days in any twelve -month period. 310
9. If a person who is required to register as a sexual 311
offender under sections 589.400 to 589.425 changes or 312
obtains a new online identifier as defined in section 313
43.651, the person shall report such information in the same 314
manner as a change of residence before using such online 315
identifier. 316
595.209. 1. The following rights shall automatically 1
be afforded to victims of dangerous felonies, as defined in 2 SB 134 19
section 556.061, victims of murder in the first degree, as 3
defined in section 565.020, victims of voluntary 4
manslaughter, as defined in section 565.023, victims of any 5
offense under chapter 566, victims of an attempt to commit 6
one of the preceding crimes, as defined in section 562.012, 7
and victims of domestic assault, as defined in sections 8
565.072 to 565.076; and, upon written request, the following 9
rights shall be afforded to victims of all other crimes and 10
witnesses of crimes: 11
(1) For victims, the right to be present at all 12
criminal justice proceedings at which the defendant has such 13
right, including juvenile proceedings where the offense 14
would have been a felony if committed by an adult, even if 15
the victim is called to testify or may be called to testify 16
as a witness in the case; 17
(2) For victims, the right to information about the 18
crime, as provided for in subdivision (5) of this subsection ; 19
(3) For victims and witnesses, to be informed, in a 20
timely manner, by the prosecutor's office of the filing of 21
charges, preliminary hearing dates, trial dates, 22
continuances and the final disposition of the case. Final 23
disposition information s hall be provided within five days; 24
(4) For victims, the right to confer with and to be 25
informed by the prosecutor regarding bail hearings, guilty 26
pleas, pleas under chapter 552 or its successors, hearings, 27
sentencing and probation revocation heari ngs and the right 28
to be heard at such hearings, including juvenile 29
proceedings, unless in the determination of the court the 30
interests of justice require otherwise; 31
(5) The right to be informed by local law enforcement 32
agencies, the appropriate j uvenile authorities or the 33
custodial authority of the following: 34 SB 134 20
(a) The status of any case concerning a crime against 35
the victim, including juvenile offenses; 36
(b) The right to be informed by local law enforcement 37
agencies or the appropriate juvenile authorities of the 38
availability of victim compensation assistance, assistance 39
in obtaining documentation of the victim's losses, 40
including, but not limited to and subject to existing law 41
concerning protected information or closed records, acc ess 42
to copies of complete, unaltered, unedited investigation 43
reports of motor vehicle, pedestrian, and other similar 44
accidents upon request to the appropriate law enforcement 45
agency by the victim or the victim's representative, and 46
emergency crisis intervention services available in the 47
community; 48
(c) Any release of such person on bond or for any 49
other reason; 50
(d) Within twenty-four hours, any escape by such 51
person from a municipal detention facility, county jail, a 52
correctional facilit y operated by the department of 53
corrections, mental health facility, or the division of 54
youth services or any agency thereof, and any subsequent 55
recapture of such person; 56
(6) For victims, the right to be informed by 57
appropriate juvenile authoriti es of probation revocation 58
hearings initiated by the juvenile authority and the right 59
to be heard at such hearings or to offer a written 60
statement, video or audio tape, counsel or a representative 61
designated by the victim in lieu of a personal appearan ce, 62
the right to be informed by the board of probation and 63
parole of probation revocation hearings initiated by the 64
board and of parole hearings, the right to be present at 65
each and every phase of parole hearings, the right to be 66 SB 134 21
heard at probation re vocation and parole hearings or to 67
offer a written statement, video or audio tape, counsel or a 68
representative designated by the victim in lieu of a 69
personal appearance, and the right to have, upon written 70
request of the victim, a partition set up in t he probation 71
or parole hearing room in such a way that the victim is 72
shielded from the view of the probationer or parolee, and 73
the right to be informed by the custodial mental health 74
facility or agency thereof of any hearings for the release 75
of a person committed pursuant to the provisions of chapter 76
552, the right to be present at such hearings, the right to 77
be heard at such hearings or to offer a written statement, 78
video or audio tape, counsel or a representative designated 79
by the victim in lieu of personal appearance; 80
(7) For victims and witnesses, upon their written 81
request, the right to be informed by the appropriate 82
custodial authority, including any municipal detention 83
facility, juvenile detention facility, county jail, 84
correctional facility operated by the department of 85
corrections, mental health facility, division of youth 86
services or agency thereof if the offense would have been a 87
felony if committed by an adult, postconviction or 88
commitment pursuant to the provisions of chapt er 552 of the 89
following: 90
(a) The projected date of such person's release from 91
confinement; 92
(b) Any release of such person on bond; 93
(c) Any release of such person on furlough, work 94
release, trial release, electronic monitoring program, or to 95
a community correctional facility or program or release for 96
any other reason, in advance of such release; 97 SB 134 22
(d) Any scheduled parole or release hearings, 98
including hearings under section 217.362, regarding such 99
person and any changes in the s cheduling of such hearings. 100
No such hearing shall be conducted without thirty days' 101
advance notice; 102
(e) Within twenty-four hours, any escape by such 103
person from a municipal detention facility, county jail, a 104
correctional facility operated by the department of 105
corrections, mental health facility, or the division of 106
youth services or any agency thereof, and any subsequent 107
recapture of such person; 108
(f) Any decision by a parole board, by a juvenile 109
releasing authority or by a circuit court presiding over 110
releases pursuant to the provisions of chapter 552, or by a 111
circuit court presiding over releases under section 217.362, 112
to release such person or any decision by the governor to 113
commute the sentence of such person or pardon such person; 114
(g) Notification within thirty days of the death of 115
such person; 116
(8) For witnesses who have been summoned by the 117
prosecuting attorney and for victims, to be notified by the 118
prosecuting attorney in a timely manner when a court 119
proceeding will not go on as scheduled; 120
(9) For victims and witnesses, the right to reasonable 121
protection from the defendant or any person acting on behalf 122
of the defendant from harm and threats of harm arising out 123
of their cooperation with law enforcement and prosecution 124
efforts; 125
(10) For victims and witnesses, on charged cases or 126
submitted cases where no charge decision has yet been made, 127
to be informed by the prosecuting attorney of the status of 128
the case and of the availability of victim compensat ion 129 SB 134 23
assistance and of financial assistance and emergency and 130
crisis intervention services available within the community 131
and information relative to applying for such assistance or 132
services, and of any final decision by the prosecuting 133
attorney not to file charges; 134
(11) For victims, to be informed by the prosecuting 135
attorney of the right to restitution which shall be 136
enforceable in the same manner as any other cause of action 137
as otherwise provided by law; 138
(12) For victims and witnesses, to be informed by the 139
court and the prosecuting attorney of procedures to be 140
followed in order to apply for and receive any witness fee 141
to which they are entitled; 142
(13) When a victim's property is no longer needed for 143
evidentiary reasons or needs to be retained pending an 144
appeal, the prosecuting attorney or any law enforcement 145
agency having possession of the property shall, upon request 146
of the victim, return such property to the victim within 147
five working days unless the property is contraband or 148
subject to forfeiture proceedings, or provide written 149
explanation of the reason why such property shall not be 150
returned; 151
(14) An employer may not discharge or discipline any 152
witness, victim or member of a victim's immediate family for 153
honoring a subpoena to testify in a criminal proceeding, 154
attending a criminal proceeding, or for participating in the 155
preparation of a criminal proceeding, or require any 156
witness, victim, or member of a victim's immediate family to 157
use vacation time, persona l time, or sick leave for honoring 158
a subpoena to testify in a criminal proceeding, attending a 159
criminal proceeding, or participating in the preparation of 160
a criminal proceeding. A public school district, public 161 SB 134 24
school, or charter school shall not disc ipline a child for 162
failure to comply with the district's or school's attendance 163
policy, and the parent or legal guardian shall not be deemed 164
to be in violation of the provisions of section 167.061, and 165
the district or school shall not otherwise discipl ine a 166
child, based on such child's honoring a subpoena to testify 167
in a criminal proceeding, attending a criminal proceeding, 168
or for participating in the preparation of a criminal 169
proceeding; 170
(15) For victims, to be provided with creditor 171
intercession services by the prosecuting attorney if the 172
victim is unable, as a result of the crime, temporarily to 173
meet financial obligations; 174
(16) For victims and witnesses, the right to speedy 175
disposition of their cases, and for victims, the right to 176
speedy appellate review of their cases, provided that 177
nothing in this subdivision shall prevent the defendant from 178
having sufficient time to prepare such defendant's defense. 179
The attorney general shall provide victims, upon their 180
written request, cas e status information throughout the 181
appellate process of their cases. The provisions of this 182
subdivision shall apply only to proceedings involving the 183
particular case to which the person is a victim or witness; 184
(17) For victims and witnesses, to be provided by the 185
court, a secure waiting area during court proceedings and to 186
receive notification of the date, time and location of any 187
hearing conducted by the court for reconsideration of any 188
sentence imposed, modification of such sentence or reca ll 189
and release of any defendant from incarceration; 190
(18) For victims, the right to receive upon request 191
from the department of corrections a photograph taken of the 192
defendant prior to release from incarceration ; 193 SB 134 25
(19) For victims under the ag e of nineteen, the right 194
to appear by video during a deposition or discovery and the 195
right to appear by video during any hearing in lieu of 196
personal appearance. 197
2. The provisions of subsection 1 of this section 198
shall not be construed to imply any victim who is 199
incarcerated by the department of corrections or any local 200
law enforcement agency has a right to be released to attend 201
any hearing or that the department of corrections or the 202
local law enforcement agency has any duty to transport such 203
incarcerated victim to any hearing. 204
3. Those persons entitled to notice of events pursuant 205
to the provisions of subsection 1 of this section shall 206
provide the appropriate person or agency with their current 207
addresses, electronic mail addresses, an d telephone numbers 208
or the addresses, electronic mail addresses, or telephone 209
numbers at which they wish notification to be given. 210
4. Notification by the appropriate person or agency 211
utilizing the statewide automated crime victim notification 212
system as established in section 650.310 shall constitute 213
compliance with the victim notification requirement of this 214
section. If notification utilizing the statewide automated 215
crime victim notification system cannot be used, then 216
written notification sh all be sent by certified mail or 217
electronic mail to the most current address or electronic 218
mail address provided by the victim. 219
5. Victims' rights as established in Section 32 of 220
Article I of the Missouri Constitution or the laws of this 221
state pertaining to the rights of victims of crime shall be 222
granted and enforced regardless of the desires of a 223
defendant and no privileges of confidentiality shall exist 224
in favor of the defendant to exclude victims or prevent 225 SB 134 26
their full participation in each and every phase of parole 226
hearings or probation revocation hearings. The rights of 227
the victims granted in this section are absolute and the 228
policy of this state is that the victim's rights are 229
paramount to the defendant's rights. The victim has an 230
absolute right to be present at any hearing in which the 231
defendant is present before a probation and parole hearing 232
officer. 233