Missouri 2025 Regular Session

Missouri Senate Bill SB134 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3	3	and is intended to be omitted in the law.
4	4	FIRST REGULAR SESSION
5	5	SENATE BILL NO. 134
6	6	103RD GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR FITZWATER.
8	8	0804S.02I KRISTINA MARTIN, Secretary
9	9	AN ACT
10	10	To repeal sections 566.149, 589.401, 589.414, and 595.209, RSMo, and to enact in lieu thereof
11	11	four new sections relating to public safety, with penalty provisions.
12	12
13	13	Be it enacted by the General Assembly of the State of Missouri, as follows:
14	14	Section A. Sections 566.149, 589.401, 589.414, and 1
15	15	595.209, RSMo, are repealed and four new sections enacted in 2
16	16	lieu thereof, to be known as sections 566.149, 589.401, 589.414, 3
17	17	and 595.209, to read as follows:4
18	18	566.149. 1. Any person who has been found guilty of: 1
19	19	(1) Violating any of the provisions of this chapter or 2
20	20	the provisions of section 568.020, incest; secti on 568.045, 3
21	21	endangering the welfare of a child in the first degree; 4
22	22	subsection 2 of section 568.080 as it existed prior to 5
23	23	January 1, 2017, or section 573.200, use of a child in a 6
24	24	sexual performance; section 568.090 as it existed prior to 7
25	25	January 1, 2017, or section 573.205, promoting a sexual 8
26	26	performance by a child; section 573.023, sexual exploitation 9
27	27	of a minor; section 573.037, possession of child 10
28	28	pornography; section 573.025, promoting child pornography; 11
29	29	or section 573.040, furnishing pornogra phic material to 12
30	30	minors; or 13
31	31	(2) Any offense in any other jurisdiction which, if 14
32	32	committed in this state, would be a violation listed in this 15
33	33	section; 16 SB 134 2
34	34	shall not be present in or loiter within five hundred feet 17
35	35	of any school building, on real prope rty comprising any 18
36	36	school, or in any conveyance owned, leased, or contracted by 19
37	37	a school to transport students to or from school or a school - 20
38	38	related activity when persons under the age of eighteen are 21
39	39	present in the building, on the grounds, or in the 22
40	40	conveyance, unless the offender is a parent, legal guardian, 23
41	41	or custodian of a student present in the building and has 24
42	42	met the conditions set forth in subsection 2 of this section. 25
43	43	2. No parent, legal guardian, or custodian who has 26
44	44	been found guilty of violating any of the offenses listed in 27
45	45	subsection 1 of this section , except as provided in 28
46	46	subsection 3 of this section, shall be present in any school 29
47	47	building, on real property comprising any school, or in any 30
48	48	conveyance owned, leased, or con tracted by a school to 31
49	49	transport students to or from school or a school -related 32
50	50	activity when persons under the age of eighteen are present 33
51	51	in the building, on the grounds or in the conveyance unless 34
52	52	the parent, legal guardian, or custodian has permiss ion to 35
53	53	be present from the superintendent or school board or in the 36
54	54	case of a private school from the principal. In the case of 37
55	55	a public school, if permission is granted, the 38
56	56	superintendent or school board president must inform the 39
57	57	principal of the school where the sex offender will be 40
58	58	present. Permission may be granted by the superintendent, 41
59	59	school board, or in the case of a private school from the 42
60	60	principal for more than one event at a time, such as a 43
61	61	series of events, however, the parent, lega l guardian, or 44
62	62	custodian must obtain permission for any other event he or 45
63	63	she wishes to attend for which he or she has not yet had 46
64	64	permission granted. 47 SB 134 3
65	65	3. No parent, legal guardian, or custodian who has 48
66	66	been required to register as a tier III offe nder because of 49
67	67	having been adjudicated for a tier III offense as provided 50
68	68	in section 589.414 shall be present in any school building 51
69	69	on real property comprising any school, or in any conveyance 52
70	70	owned, leased, or contracted by a school to transport 53
71	71	students to or from school or a school -related activity when 54
72	72	persons under the age of eighteen are present in the 55
73	73	building, on the grounds, or in the conveyance. 56
74	74	4. Regardless of the person's knowledge of his or her 57
75	75	proximity to school property or a school-related activity, 58
76	76	violation of the provisions of this section is a class A 59
77	77	misdemeanor. 60
78	78	589.401. 1. A person on the sexual offender registry 1
79	79	may file a petition in the division of the circuit court in 2
80	80	the county or city not within a county in which the offense 3
81	81	requiring registration was committed to have his or her name 4
82	82	removed from the sexual offender registry. 5
83	83	2. A person who is required to register in this state 6
84	84	because of an offense that was adjudicated in anoth er 7
85	85	jurisdiction shall file his or her petition for removal 8
86	86	according to the laws of the state, territory, tribal, or 9
87	87	military jurisdiction, the District of Columbia, or foreign 10
88	88	country in which his or her offense was adjudicated. Upon 11
89	89	the grant of the petition for removal in the jurisdiction 12
90	90	where the offense was adjudicated, such judgment may be 13
91	91	registered in this state by sending the information required 14
92	92	under subsection 5 of this section as well as one 15
93	93	authenticated copy of the order granting r emoval from the 16
94	94	sexual offender registry in the jurisdiction where the 17
95	95	offense was adjudicated to the court in the county or city 18
96	96	not within a county in which the offender is required to 19 SB 134 4
97	97	register. On receipt of a request for registration removal, 20
98	98	the registering court shall cause the order to be filed as a 21
99	99	foreign judgment, together with one copy of the documents 22
100	100	and information, regardless of their form. The petitioner 23
101	101	shall be responsible for costs associated with filing the 24
102	102	petition. 25
103	103	3. A person required to register : 26
104	104	(1) As a tier III offender ; 27
105	105	(2) Under subdivision (7) of subsection 1 of section 28
106	106	589.400; or 29
107	107	(3) As a result of an offense that is sexual in nature 30
108	108	committed against a minor or against an incapacitated per son 31
109	109	as defined under section 475.010; 32
110	110	shall not file a petition under this section unless the 33
111	111	requirement to register results from a juvenile adjudication. 34
112	112	4. The petition shall be dismissed without prejudice 35
113	113	if the following time periods have not elapsed since the 36
114	114	date the person was required to register for his or her most 37
115	115	recent offense under sections 589.400 to 589.425: 38
116	116	(1) For a tier I offense, ten years; 39
117	117	(2) For a tier II offense, twenty -five years; or 40
118	118	(3) For a tier III offense adjudicated delinquent, 41
119	119	twenty-five years. 42
120	120	5. The petition shall be dismissed without prejudice 43
121	121	if it fails to include any of the following: 44
122	122	(1) The petitioner's: 45
123	123	(a) Full name, including any alias used by the 46
124	124	individual; 47
125	125	(b) Sex; 48
126	126	(c) Race; 49
127	127	(d) Date of birth; 50 SB 134 5
128	128	(e) Last four digits of the Social Security number; 51
129	129	(f) Address; and 52
130	130	(g) Place of employment, school, or volunteer status; 53
131	131	(2) The offense and tier of the offense that required 54
132	132	the petitioner to register; 55
133	133	(3) The date the petitioner was adjudicated for the 56
134	134	offense; 57
135	135	(4) The date the petitioner was required to register; 58
136	136	(5) The case number and court, including the county or 59
137	137	city not within a county, that entered the original order 60
138	138	for the adjudicated sex offense; 61
139	139	(6) Petitioner's fingerprints on an applicant 62
140	140	fingerprint card; 63
141	141	(7) If the petitioner was pardoned or an offense 64
142	142	requiring registration was reversed, vacated, or set aside, 65
143	143	an authenticated copy of the order; and 66
144	144	(8) If the petitioner is currently registered under 67
145	145	applicable law and has not been adjudicated for failure to 68
146	146	register in any jurisdiction and does not have any charges 69
147	147	pending for failure to register. 70
148	148	6. The petition shall name as respondents the Missouri 71
149	149	state highway patrol and the chief law enforcement official 72
150	150	in the county or city not within a county in which the 73
151	151	petition is filed. 74
152	152	7. All proceedings under this section shall be 75
153	153	governed under the Missour i supreme court rules of civil 76
154	154	procedure. 77
155	155	8. The person seeking removal or exemption from the 78
156	156	registry shall provide the prosecuting attorney in the 79
157	157	circuit court in which the petition is filed with notice of 80
158	158	the petition. The prosecuting attorn ey may present evidence 81
159	159	in opposition to the requested relief or may otherwise 82 SB 134 6
160	160	demonstrate the reasons why the petition should be denied. 83
161	161	Failure of the person seeking removal or exemption from the 84
162	162	registry to notify the prosecuting attorney of the pe tition 85
163	163	shall result in an automatic denial of such person's 86
164	164	petition. 87
165	165	9. The prosecuting attorney in the circuit court in 88
166	166	which the petition is filed shall have access to all 89
167	167	applicable records concerning the petitioner including, but 90
168	168	not limited to, criminal history records, mental health 91
169	169	records, juvenile records, and records of the department of 92
170	170	corrections or probation and parole. 93
171	171	10. The prosecuting attorney shall make reasonable 94
172	172	efforts to notify the victim of the crime for which t he 95
173	173	person was required to register of the petition and the 96
174	174	dates and times of any hearings or other proceedings in 97
175	175	connection with such petition. 98
176	176	11. The court shall not enter an order directing the 99
177	177	removal of the petitioner's name from the sexua l offender 100
178	178	registry unless it finds the petitioner: 101
179	179	(1) Has not been adjudicated or does not have charges 102
180	180	pending for any additional nonsexual offense for which 103
181	181	imprisonment for more than one year may be imposed since the 104
182	182	date the offender was re quired to register for his or her 105
183	183	current tier level; 106
184	184	(2) Has not been adjudicated or does not have charges 107
185	185	pending for any additional sex offense that would require 108
186	186	registration under sections 589.400 to 589.425 since the 109
187	187	date the offender was r equired to register for his or her 110
188	188	current tier level, even if the offense was punishable by 111
189	189	less than one year imprisonment; 112
190	190	(3) Has successfully completed any required periods of 113
191	191	supervised release, probation, or parole without revocation 114 SB 134 7
192	192	since the date the offender was required to register for his 115
193	193	or her current tier level; 116
194	194	(4) Has successfully completed an appropriate sex 117
195	195	offender treatment program as approved by a court of 118
196	196	competent jurisdiction or the Missouri department of 119
197	197	corrections; and 120
198	198	(5) Is not a current or potential threat to public 121
199	199	safety. 122
200	200	12. In order to meet the criteria required by 123
201	201	subdivisions (1) and (2) of subsection 11 of this section, 124
202	202	the fingerprints filed in the case shall be examined by the 125
203	203	Missouri state highway patrol. The petitioner shall be 126
204	204	responsible for all costs associated with the fingerprint - 127
205	205	based criminal history check of both state and federal files 128
206	206	under section 43.530. 129
207	207	13. If the petition is denied due to an adjudication 130
208	208	in violation of subdivision (1) or (2) of subsection 11 of 131
209	209	this section, the petitioner shall not file a new petition 132
210	210	under this section until: 133
211	211	(1) Fifteen years have passed from the date of the 134
212	212	adjudication resulting in the denial of relief if the 135
213	213	petitioner is classified as a tier I offender; 136
214	214	(2) Twenty-five years have passed from the date of 137
215	215	adjudication resulting in the denial of relief if the 138
216	216	petitioner is classified as a tier II offender; or 139
217	217	(3) Twenty-five years have passed from the date of the 140
218	218	adjudication resulting in the denial of relief if the 141
219	219	petitioner is classified as a tier III offender on the basis 142
220	220	of a juvenile adjudication. 143
221	221	14. If the petition is denied due to the petitioner 144
222	222	having charges pending in violatio n of subdivision (1) or 145 SB 134 8
223	223	(2) of subsection 11 of this section, the petitioner shall 146
224	224	not file a new petition under this section until: 147
225	225	(1) The pending charges resulting in the denial of 148
226	226	relief have been finally disposed of in a manner other than 149
227	227	adjudication; or 150
228	228	(2) If the pending charges result in an adjudication, 151
229	229	the necessary time period has elapsed under subsection 13 of 152
230	230	this section. 153
231	231	15. If the petition is denied for reasons other than 154
232	232	those outlined in subsection 11 of this sect ion, no 155
233	233	successive petition requesting such relief shall be filed 156
234	234	for at least five years from the date the judgment denying 157
235	235	relief is entered. 158
236	236	16. If the court finds the petitioner is entitled to 159
237	237	have his or her name removed from the sexual offe nder 160
238	238	registry, the court shall enter judgment directing the 161
239	239	removal of the name. A copy of the judgment shall be 162
240	240	provided to the respondents named in the petition. 163
241	241	17. Any person subject to the judgment requiring his 164
242	242	or her name to be removed fr om the sexual offender registry 165
243	243	is not required to register under sections 589.400 to 166
244	244	589.425 unless such person is required to register for an 167
245	245	offense that was different from that listed on the judgment 168
246	246	of removal. 169
247	247	18. The court shall not deny t he petition unless the 170
248	248	petition failed to comply with the provisions of sections 171
249	249	589.400 to 589.425 or the prosecuting attorney provided 172
250	250	evidence demonstrating the petition should be denied. 173
251	251	589.414. 1. Any person required by sectio ns 589.400 1
252	252	to 589.425 to register shall, within three business days, 2
253	253	appear in person to the chief law enforcement officer of the 3 SB 134 9
254	254	county or city not within a county if there is a change to 4
255	255	any of the following information: 5
256	256	(1) Name; 6
257	257	(2) Residence; 7
258	258	(3) Employment, including status as a volunteer or 8
259	259	intern; 9
260	260	(4) Student status; or 10
261	261	(5) A termination to any of the items listed in this 11
262	262	subsection. 12
263	263	2. Any person required to register under sections 13
264	264	589.400 to 589.425 shall , within three business days, notify 14
265	265	the chief law enforcement official of the county or city not 15
266	266	within a county of any changes to the following information: 16
267	267	(1) Vehicle information; 17
268	268	(2) Temporary lodging information; 18
269	269	(3) Temporary residence information; 19
270	270	(4) Email addresses, instant messaging addresses, and 20
271	271	any other designations used in internet communications, 21
272	272	postings, or telephone communications; or 22
273	273	(5) Telephone or other cellular number, including any 23
274	274	new forms of electronic communication. 24
275	275	3. The chief law enforcement official in the county or 25
276	276	city not within a county shall immediately forward the 26
277	277	registration changes described under subsections 1 and 2 of 27
278	278	this section to the Missouri state highway patrol wit hin 28
279	279	three business days. 29
280	280	4. If any person required by sections 589.400 to 30
281	281	589.425 to register changes such person's residence or 31
282	282	address to a different county or city not within a county, 32
283	283	the person shall appear in person and shall inform both th e 33
284	284	chief law enforcement official with whom the person last 34
285	285	registered and the chief law enforcement official of the 35 SB 134 10
286	286	county or city not within a county having jurisdiction over 36
287	287	the new residence or address in writing within three 37
288	288	business days of such new address and phone number, if the 38
289	289	phone number is also changed. If any person required by 39
290	290	sections 589.400 to 589.425 to register changes his or her 40
291	291	state, territory, the District of Columbia, or foreign 41
292	292	country, or federal, tribal, or military jur isdiction of 42
293	293	residence, the person shall appear in person and shall 43
294	294	inform both the chief law enforcement official with whom the 44
295	295	person was last registered and the chief law enforcement 45
296	296	official of the area in the new state, territory, the 46
297	297	District of Columbia, or foreign country, or federal, 47
298	298	tribal, or military jurisdiction having jurisdiction over 48
299	299	the new residence or address within three business days of 49
300	300	such new address. Whenever a registrant changes residence, 50
301	301	the chief law enforcement offici al of the county or city not 51
302	302	within a county where the person was previously registered 52
303	303	shall inform the Missouri state highway patrol of the change 53
304	304	within three business days. When the registrant is changing 54
305	305	the residence to a new state, territory, t he District of 55
306	306	Columbia, or foreign country, or federal, tribal, or 56
307	307	military jurisdiction, the Missouri state highway patrol 57
308	308	shall inform the responsible official in the new state, 58
309	309	territory, the District of Columbia, or foreign country, or 59
310	310	federal, tribal, or military jurisdiction of residence 60
311	311	within three business days. 61
312	312	5. Tier I sexual offenders, in addition to the 62
313	313	requirements of subsections 1 to 4 of this section, shall 63
314	314	report in person to the chief law enforcement official 64
315	315	annually in the month of their birth to verify the 65
316	316	information contained in their statement made pursuant to 66
317	317	section 589.407. Tier I sexual offenders include: 67 SB 134 11
318	318	(1) Any offender who has been adjudicated for the 68
319	319	offense of: 69
320	320	(a) Sexual abuse in the first de gree under section 70
321	321	566.100 if the victim is eighteen years of age or older; 71
322	322	(b) [Sexual misconduct involving a child under section 72
323	323	566.083 if it is a first offense and the punishment is less 73
324	324	than one year; 74
325	325	(c)] Sexual abuse in the second deg ree under section 75
326	326	566.101 if the punishment is less than a year; 76
327	327	[(d)] (c) Kidnapping in the second degree under 77
328	328	section 565.120 with sexual motivation; 78
329	329	[(e)] (d) Kidnapping in the third degree under section 79
330	330	565.130; 80
331	331	[(f)] (e) Sexual conduct with a nursing facility 81
332	332	resident or vulnerable person in the first degree under 82
333	333	section 566.115 if the punishment is less than one year; 83
334	334	[(g)] (f) Sexual conduct under section 566.116 with a 84
335	335	nursing facility resident or vulnerable person; 85
336	336	[(h)] (g) Sexual [contact with a prisoner or offender ] 86
337	337	conduct in the course of public duty under section 566.145 87
338	338	if the victim is eighteen years of age or older; 88
339	339	[(i)] (h) Sex with an animal under section 566.111; 89
340	340	[(j)] (i) Trafficking for the purpose of sexual 90
341	341	exploitation under section 566.209 if the victim is eighteen 91
342	342	years of age or older; 92
343	343	[(k)] (j) Possession of child pornography under 93
344	344	section 573.037; 94
345	345	[(l)] (k) Sexual misconduct in the first degree under 95
346	346	section 566.093; 96
347	347	[(m)] (l) Sexual misconduct in the second degree under 97
348	348	section 566.095; 98 SB 134 12
349	349	[(n) Child molestation in the second degree under 99
350	350	section 566.068 as it existed prior to January 1, 2017, if 100
351	351	the punishment is less than one year; ] or 101
352	352	[(o)] (m) Invasion of privacy under section 565.252 if 102
353	353	the victim is less than eighteen years of age; 103
354	354	(2) Any offender who is or has been adjudicated in any 104
355	355	other state, territory, the District of Columbia, or foreign 105
356	356	country, or under federal, tribal, or military jurisdiction 106
357	357	of an offense of a sexual nature or with a sexual element 107
358	358	that is comparable to the tier I sexual offenses listed in 108
359	359	this subsection or, if not comparable to those in this 109
360	360	subsection, comparable to those described as tier I off enses 110
361	361	under the Sex Offender Registration and Notification Act, 111
362	362	Title I of the Adam Walsh Child Protection and Safety Act of 112
363	363	2006, Pub. L. 109-248. 113
364	364	6. Tier II sexual offenders, in addition to the 114
365	365	requirements of subsections 1 to 4 of this section , shall 115
366	366	report semiannually in person in the month of their birth 116
367	367	and six months thereafter to the chief law enforcement 117
368	368	official to verify the information contained in their 118
369	369	statement made pursuant to section 589.407. Tier II sexual 119
370	370	offenders include: 120
371	371	(1) Any offender who has been adjudicated for the 121
372	372	offense of[: 122
373	373	(a) Statutory sodomy in the second degree under 123
374	374	section 566.064 if the victim is sixteen to seventeen years 124
375	375	of age; 125
376	376	(b) Child molestation in the third degree under 126
377	377	section 566.069 if the victim is between thirteen and 127
378	378	fourteen years of age; 128
379	379	(c) Sexual contact with a student under section 129
380	380	566.086 if the victim is thirteen to seventeen years of age; 130 SB 134 13
381	381	(d) Enticement of a child under section 566.151; 131
382	382	(e) Abuse of a child under section 568.060 if the 132
383	383	offense is of a sexual nature and the victim is thirteen to 133
384	384	seventeen years of age; 134
385	385	(f) Sexual exploitation of a minor under section 135
386	386	573.023; 136
387	387	(g) Promoting child pornography in the first degree 137
388	388	under section 573.025; 138
389	389	(h) Promoting child pornography in the second degree 139
390	390	under section 573.035; 140
391	391	(i)] patronizing prostitution under section 567.030; 141
392	392	[(j) Sexual contact with a prisoner or offender under 142
393	393	section 566.145 if the victim i s thirteen to seventeen years 143
394	394	of age; 144
395	395	(k) Child molestation in the fourth degree under 145
396	396	section 566.071 if the victim is thirteen to seventeen years 146
397	397	of age; 147
398	398	(l) Sexual misconduct involving a child under section 148
399	399	566.083 if it is a first offen se and the penalty is a term 149
400	400	of imprisonment of more than a year; or 150
401	401	(m) Age misrepresentation with intent to solicit a 151
402	402	minor under section 566.153; ] 152
403	403	(2) Any person who is adjudicated of an offense 153
404	404	comparable to a tier I offense listed in th is section or 154
405	405	failure to register offense under section 589.425 or 155
406	406	comparable out-of-state failure to register offense and who 156
407	407	is already required to register as a tier I offender due to 157
408	408	having been adjudicated of a tier I offense on a previous 158
409	409	occasion; or 159
410	410	(3) Any person who is or has been adjudicated in any 160
411	411	other state, territory, the District of Columbia, or foreign 161
412	412	country, or under federal, tribal, or military jurisdiction 162 SB 134 14
413	413	for an offense of a sexual nature or with a sexual element 163
414	414	that is comparable to the tier II sexual offenses listed in 164
415	415	this subsection or, if not comparable to those in this 165
416	416	subsection, comparable to those described as tier II 166
417	417	offenses under the Sex Offender Registration and 167
418	418	Notification Act, Title I of the Adam Wal sh Child Protection 168
419	419	and Safety Act of 2006, Pub. L. 109 -248. 169
420	420	7. Tier III sexual offenders, in addition to the 170
421	421	requirements of subsections 1 to 4 of this section, shall 171
422	422	report in person to the chief law enforcement official every 172
423	423	ninety days to verify the information contained in their 173
424	424	statement made under section 589.407 and the court shall be 174
425	425	required to order the sexual offender to be monitored using 175
426	426	electronic monitoring equipment pursuant to section 455.095 176
427	427	for the sexual offender's lifeti me. Tier III sexual 177
428	428	offenders include: 178
429	429	(1) Any offender registered as a predatory sexual 179
430	430	offender [as defined in section 566.123 ] or a persistent 180
431	431	sexual offender as defined in section [566.124] 566.125; 181
432	432	(2) Any offender who has been adjudic ated for the 182
433	433	crime of: 183
434	434	(a) Rape in the first degree under section 566.030; 184
435	435	(b) Statutory rape in the first degree under section 185
436	436	566.032; 186
437	437	(c) Rape in the second degree under section 566.031; 187
438	438	(d) Endangering the welfare of a child i n the first 188
439	439	degree under section 568.045 if the offense is sexual in 189
440	440	nature; 190
441	441	(e) Sodomy in the first degree under section 566.060; 191
442	442	(f) Statutory sodomy under section 566.062; 192
443	443	(g) Statutory sodomy under section 566.064 if the 193
444	444	victim is under sixteen years of age; 194 SB 134 15
445	445	(h) Sodomy in the second degree under section 566.061; 195
446	446	(i) Sexual misconduct involving a child under section 196
447	447	566.083 [if the offense is a second or subsequent offense ]; 197
448	448	(j) Sexual abuse in the first degree und er section 198
449	449	566.100 if the victim is under thirteen years of age; 199
450	450	(k) Age misrepresentation with intent to solicit a 200
451	451	minor under section 566.153; 201
452	452	(l) Enticement of a child under section 566.151; 202
453	453	(m) Kidnapping in the first degree under s ection 203
454	454	565.110 if the victim is under eighteen years of age, 204
455	455	excluding kidnapping by a parent or guardian; 205
456	456	[(l)] (n) Child kidnapping under section 565.115 with 206
457	457	sexual motivation; 207
458	458	[(m)] (o) Sexual conduct with a nursing facility 208
459	459	resident or vulnerable person in the first degree under 209
460	460	section 566.115 if the punishment is greater than a year; 210
461	461	[(n)] (p) Incest under section 568.020; 211
462	462	[(o)] (q) Endangering the welfare of a child in the 212
463	463	first degree under section 568.045 with sexual intercourse 213
464	464	or deviate sexual intercourse with a victim under eighteen 214
465	465	years of age; 215
466	466	[(p)] (r) Child molestation in the first degree under 216
467	467	section 566.067; 217
468	468	[(q)] (s) Child molestation in the second degree under 218
469	469	section 566.068 or child molestation in the second degree 219
470	470	under section 566.068 as it existed prior to January 1, 220
471	471	2017, if the punishment is less than one year ; 221
472	472	[(r)] (t) Child molestation in the third degree under 222
473	473	section 566.069 if the victim is under [thirteen] fourteen 223
474	474	years of age; 224 SB 134 16
475	475	[(s)] (u) Promoting prostitution in the first degree 225
476	476	under section 567.050 if the victim is under eighteen years 226
477	477	of age; 227
478	478	[(t)] (v) Promoting prostitution in the second degree 228
479	479	under section 567.060 if the victim is under eighteen years 229
480	480	of age; 230
481	481	[(u)] (w) Promoting prostitution in the third degree 231
482	482	under section 567.070 if the victim is under eighteen years 232
483	483	of age; 233
484	484	[(v)] (x) Promoting travel for prostitution under 234
485	485	section 567.085 if the victim is under eighteen years of age; 235
486	486	[(w)] (y) Trafficking for the purpose of sexual 236
487	487	exploitation under section 566.209 if the victim is under 237
488	488	eighteen years of age; 238
489	489	[(x)] (z) Sexual trafficking of a child in the first 239
490	490	degree under section 566.210; 240
491	491	[(y)] (aa) Sexual trafficking of a child in the second 241
492	492	degree under section 566.211; 242
493	493	[(z)] (bb) Genital mutilation of a female child under 243
494	494	section 568.065; 244
495	495	[(aa)] (cc) Statutory rape in the second degree under 245
496	496	section 566.034; 246
497	497	[(bb)] (dd) Child molestation in the fourth degree 247
498	498	under section 566.071 if the victim is under [thirteen] 248
499	499	seventeen years of age; 249
500	500	[(cc)] (ee) Sexual abuse in the second degree under 250
501	501	section 566.101 if the penalty is a term of imprisonment of 251
502	502	more than a year; 252
503	503	[(dd)] (ff) Patronizing prostitution under section 253
504	504	567.030 if the offender is a persistent offender or if the 254
505	505	victim is under eighteen years of age ; 255 SB 134 17
506	506	[(ee)] (gg) Abuse of a child under section 568.060 if 256
507	507	the offense is of a sexual nature and the vict im is under 257
508	508	[thirteen] eighteen years of age; 258
509	509	[(ff)] (hh) Sexual [contact with a prisoner or 259
510	510	offender] conduct in the course of public duty under section 260
511	511	566.145 if the victim is under [thirteen] eighteen years of 261
512	512	age; 262
513	513	[(gg) Sexual intercourse with a prisoner or offender 263
514	514	under section 566.145; 264
515	515	(hh)] (ii) Sexual contact with a student under section 265
516	516	566.086 if the victim is under [thirteen] eighteen years of 266
517	517	age; 267
518	518	(jj) Sexual exploitation of a minor under section 268
519	519	573.023; 269
520	520	(kk) Promoting child pornography in the first degree 270
521	521	under section 573.025; 271
522	522	(ll) Promoting child pornography in the second degree 272
523	523	under section 573.035; 273
524	524	[(ii)] (mm) Use of a child in a sexual performance 274
525	525	under section 573.200; or 275
526	526	[(jj)] (nn) Promoting a sexual performance by a child 276
527	527	under section 573.205; 277
528	528	(3) Any offender who is adjudicated for a crime 278
529	529	comparable to a tier I or tier II offense listed in this 279
530	530	section or failure to register offense under section 280
531	531	589.425, or other comparable out-of-state failure to 281
532	532	register offense, who has been or is already required to 282
533	533	register as a tier II offender because of having been 283
534	534	adjudicated for a tier II offense, two tier I offenses, or 284
535	535	combination of a tier I offense and failure to register 285
536	536	offense, on a previous occasion; 286 SB 134 18
537	537	(4) Any offender who is adjudicated in any other 287
538	538	state, territory, the District of Columbia, or foreign 288
539	539	country, or under federal, tribal, or military jurisdiction 289
540	540	for an offense of a sexual nature or with a sexual element 290
541	541	that is comparable to a tier III offense listed in this 291
542	542	section or a tier III offense under the Sex Offender 292
543	543	Registration and Notification Act, Title I of the Adam Walsh 293
544	544	Child Protection and Safety Act of 2006, Pub. L. 109 -248; or 294
545	545	(5) Any offender who is adjudicated in Missouri for 295
546	546	any offense of a sexual nature requiring registration under 296
547	547	sections 589.400 to 589.425 that is not classified as a tier 297
548	548	I or tier II offense in this section. 298
549	549	8. In addition to the require ments of subsections 1 to 299
550	550	7 of this section, all Missouri registrants who work, 300
551	551	including as a volunteer or unpaid intern, or attend any 301
552	552	school whether public or private, including any secondary 302
553	553	school, trade school, professional school, or institution of 303
554	554	higher education, on a full -time or part-time basis or have 304
555	555	a temporary residence in this state shall be required to 305
556	556	report in person to the chief law enforcement officer in the 306
557	557	area of the state where they work, including as a volunteer 307
558	558	or unpaid intern, or attend any school or training and 308
559	559	register in that state. "Part-time" in this subsection 309
560	560	means for more than seven days in any twelve -month period. 310
561	561	9. If a person who is required to register as a sexual 311
562	562	offender under sections 589.400 to 589.425 changes or 312
563	563	obtains a new online identifier as defined in section 313
564	564	43.651, the person shall report such information in the same 314
565	565	manner as a change of residence before using such online 315
566	566	identifier. 316
567	567	595.209. 1. The following rights shall automatically 1
568	568	be afforded to victims of dangerous felonies, as defined in 2 SB 134 19
569	569	section 556.061, victims of murder in the first degree, as 3
570	570	defined in section 565.020, victims of voluntary 4
571	571	manslaughter, as defined in section 565.023, victims of any 5
572	572	offense under chapter 566, victims of an attempt to commit 6
573	573	one of the preceding crimes, as defined in section 562.012, 7
574	574	and victims of domestic assault, as defined in sections 8
575	575	565.072 to 565.076; and, upon written request, the following 9
576	576	rights shall be afforded to victims of all other crimes and 10
577	577	witnesses of crimes: 11
578	578	(1) For victims, the right to be present at all 12
579	579	criminal justice proceedings at which the defendant has such 13
580	580	right, including juvenile proceedings where the offense 14
581	581	would have been a felony if committed by an adult, even if 15
582	582	the victim is called to testify or may be called to testify 16
583	583	as a witness in the case; 17
584	584	(2) For victims, the right to information about the 18
585	585	crime, as provided for in subdivision (5) of this subsection ; 19
586	586	(3) For victims and witnesses, to be informed, in a 20
587	587	timely manner, by the prosecutor's office of the filing of 21
588	588	charges, preliminary hearing dates, trial dates, 22
589	589	continuances and the final disposition of the case. Final 23
590	590	disposition information s hall be provided within five days; 24
591	591	(4) For victims, the right to confer with and to be 25
592	592	informed by the prosecutor regarding bail hearings, guilty 26
593	593	pleas, pleas under chapter 552 or its successors, hearings, 27
594	594	sentencing and probation revocation heari ngs and the right 28
595	595	to be heard at such hearings, including juvenile 29
596	596	proceedings, unless in the determination of the court the 30
597	597	interests of justice require otherwise; 31
598	598	(5) The right to be informed by local law enforcement 32
599	599	agencies, the appropriate j uvenile authorities or the 33
600	600	custodial authority of the following: 34 SB 134 20
601	601	(a) The status of any case concerning a crime against 35
602	602	the victim, including juvenile offenses; 36
603	603	(b) The right to be informed by local law enforcement 37
604	604	agencies or the appropriate juvenile authorities of the 38
605	605	availability of victim compensation assistance, assistance 39
606	606	in obtaining documentation of the victim's losses, 40
607	607	including, but not limited to and subject to existing law 41
608	608	concerning protected information or closed records, acc ess 42
609	609	to copies of complete, unaltered, unedited investigation 43
610	610	reports of motor vehicle, pedestrian, and other similar 44
611	611	accidents upon request to the appropriate law enforcement 45
612	612	agency by the victim or the victim's representative, and 46
613	613	emergency crisis intervention services available in the 47
614	614	community; 48
615	615	(c) Any release of such person on bond or for any 49
616	616	other reason; 50
617	617	(d) Within twenty-four hours, any escape by such 51
618	618	person from a municipal detention facility, county jail, a 52
619	619	correctional facilit y operated by the department of 53
620	620	corrections, mental health facility, or the division of 54
621	621	youth services or any agency thereof, and any subsequent 55
622	622	recapture of such person; 56
623	623	(6) For victims, the right to be informed by 57
624	624	appropriate juvenile authoriti es of probation revocation 58
625	625	hearings initiated by the juvenile authority and the right 59
626	626	to be heard at such hearings or to offer a written 60
627	627	statement, video or audio tape, counsel or a representative 61
628	628	designated by the victim in lieu of a personal appearan ce, 62
629	629	the right to be informed by the board of probation and 63
630	630	parole of probation revocation hearings initiated by the 64
631	631	board and of parole hearings, the right to be present at 65
632	632	each and every phase of parole hearings, the right to be 66 SB 134 21
633	633	heard at probation re vocation and parole hearings or to 67
634	634	offer a written statement, video or audio tape, counsel or a 68
635	635	representative designated by the victim in lieu of a 69
636	636	personal appearance, and the right to have, upon written 70
637	637	request of the victim, a partition set up in t he probation 71
638	638	or parole hearing room in such a way that the victim is 72
639	639	shielded from the view of the probationer or parolee, and 73
640	640	the right to be informed by the custodial mental health 74
641	641	facility or agency thereof of any hearings for the release 75
642	642	of a person committed pursuant to the provisions of chapter 76
643	643	552, the right to be present at such hearings, the right to 77
644	644	be heard at such hearings or to offer a written statement, 78
645	645	video or audio tape, counsel or a representative designated 79
646	646	by the victim in lieu of personal appearance; 80
647	647	(7) For victims and witnesses, upon their written 81
648	648	request, the right to be informed by the appropriate 82
649	649	custodial authority, including any municipal detention 83
650	650	facility, juvenile detention facility, county jail, 84
651	651	correctional facility operated by the department of 85
652	652	corrections, mental health facility, division of youth 86
653	653	services or agency thereof if the offense would have been a 87
654	654	felony if committed by an adult, postconviction or 88
655	655	commitment pursuant to the provisions of chapt er 552 of the 89
656	656	following: 90
657	657	(a) The projected date of such person's release from 91
658	658	confinement; 92
659	659	(b) Any release of such person on bond; 93
660	660	(c) Any release of such person on furlough, work 94
661	661	release, trial release, electronic monitoring program, or to 95
662	662	a community correctional facility or program or release for 96
663	663	any other reason, in advance of such release; 97 SB 134 22
664	664	(d) Any scheduled parole or release hearings, 98
665	665	including hearings under section 217.362, regarding such 99
666	666	person and any changes in the s cheduling of such hearings. 100
667	667	No such hearing shall be conducted without thirty days' 101
668	668	advance notice; 102
669	669	(e) Within twenty-four hours, any escape by such 103
670	670	person from a municipal detention facility, county jail, a 104
671	671	correctional facility operated by the department of 105
672	672	corrections, mental health facility, or the division of 106
673	673	youth services or any agency thereof, and any subsequent 107
674	674	recapture of such person; 108
675	675	(f) Any decision by a parole board, by a juvenile 109
676	676	releasing authority or by a circuit court presiding over 110
677	677	releases pursuant to the provisions of chapter 552, or by a 111
678	678	circuit court presiding over releases under section 217.362, 112
679	679	to release such person or any decision by the governor to 113
680	680	commute the sentence of such person or pardon such person; 114
681	681	(g) Notification within thirty days of the death of 115
682	682	such person; 116
683	683	(8) For witnesses who have been summoned by the 117
684	684	prosecuting attorney and for victims, to be notified by the 118
685	685	prosecuting attorney in a timely manner when a court 119
686	686	proceeding will not go on as scheduled; 120
687	687	(9) For victims and witnesses, the right to reasonable 121
688	688	protection from the defendant or any person acting on behalf 122
689	689	of the defendant from harm and threats of harm arising out 123
690	690	of their cooperation with law enforcement and prosecution 124
691	691	efforts; 125
692	692	(10) For victims and witnesses, on charged cases or 126
693	693	submitted cases where no charge decision has yet been made, 127
694	694	to be informed by the prosecuting attorney of the status of 128
695	695	the case and of the availability of victim compensat ion 129 SB 134 23
696	696	assistance and of financial assistance and emergency and 130
697	697	crisis intervention services available within the community 131
698	698	and information relative to applying for such assistance or 132
699	699	services, and of any final decision by the prosecuting 133
700	700	attorney not to file charges; 134
701	701	(11) For victims, to be informed by the prosecuting 135
702	702	attorney of the right to restitution which shall be 136
703	703	enforceable in the same manner as any other cause of action 137
704	704	as otherwise provided by law; 138
705	705	(12) For victims and witnesses, to be informed by the 139
706	706	court and the prosecuting attorney of procedures to be 140
707	707	followed in order to apply for and receive any witness fee 141
708	708	to which they are entitled; 142
709	709	(13) When a victim's property is no longer needed for 143
710	710	evidentiary reasons or needs to be retained pending an 144
711	711	appeal, the prosecuting attorney or any law enforcement 145
712	712	agency having possession of the property shall, upon request 146
713	713	of the victim, return such property to the victim within 147
714	714	five working days unless the property is contraband or 148
715	715	subject to forfeiture proceedings, or provide written 149
716	716	explanation of the reason why such property shall not be 150
717	717	returned; 151
718	718	(14) An employer may not discharge or discipline any 152
719	719	witness, victim or member of a victim's immediate family for 153
720	720	honoring a subpoena to testify in a criminal proceeding, 154
721	721	attending a criminal proceeding, or for participating in the 155
722	722	preparation of a criminal proceeding, or require any 156
723	723	witness, victim, or member of a victim's immediate family to 157
724	724	use vacation time, persona l time, or sick leave for honoring 158
725	725	a subpoena to testify in a criminal proceeding, attending a 159
726	726	criminal proceeding, or participating in the preparation of 160
727	727	a criminal proceeding. A public school district, public 161 SB 134 24
728	728	school, or charter school shall not disc ipline a child for 162
729	729	failure to comply with the district's or school's attendance 163
730	730	policy, and the parent or legal guardian shall not be deemed 164
731	731	to be in violation of the provisions of section 167.061, and 165
732	732	the district or school shall not otherwise discipl ine a 166
733	733	child, based on such child's honoring a subpoena to testify 167
734	734	in a criminal proceeding, attending a criminal proceeding, 168
735	735	or for participating in the preparation of a criminal 169
736	736	proceeding; 170
737	737	(15) For victims, to be provided with creditor 171
738	738	intercession services by the prosecuting attorney if the 172
739	739	victim is unable, as a result of the crime, temporarily to 173
740	740	meet financial obligations; 174
741	741	(16) For victims and witnesses, the right to speedy 175
742	742	disposition of their cases, and for victims, the right to 176
743	743	speedy appellate review of their cases, provided that 177
744	744	nothing in this subdivision shall prevent the defendant from 178
745	745	having sufficient time to prepare such defendant's defense. 179
746	746	The attorney general shall provide victims, upon their 180
747	747	written request, cas e status information throughout the 181
748	748	appellate process of their cases. The provisions of this 182
749	749	subdivision shall apply only to proceedings involving the 183
750	750	particular case to which the person is a victim or witness; 184
751	751	(17) For victims and witnesses, to be provided by the 185
752	752	court, a secure waiting area during court proceedings and to 186
753	753	receive notification of the date, time and location of any 187
754	754	hearing conducted by the court for reconsideration of any 188
755	755	sentence imposed, modification of such sentence or reca ll 189
756	756	and release of any defendant from incarceration; 190
757	757	(18) For victims, the right to receive upon request 191
758	758	from the department of corrections a photograph taken of the 192
759	759	defendant prior to release from incarceration ; 193 SB 134 25
760	760	(19) For victims under the ag e of nineteen, the right 194
761	761	to appear by video during a deposition or discovery and the 195
762	762	right to appear by video during any hearing in lieu of 196
763	763	personal appearance. 197
764	764	2. The provisions of subsection 1 of this section 198
765	765	shall not be construed to imply any victim who is 199
766	766	incarcerated by the department of corrections or any local 200
767	767	law enforcement agency has a right to be released to attend 201
768	768	any hearing or that the department of corrections or the 202
769	769	local law enforcement agency has any duty to transport such 203
770	770	incarcerated victim to any hearing. 204
771	771	3. Those persons entitled to notice of events pursuant 205
772	772	to the provisions of subsection 1 of this section shall 206
773	773	provide the appropriate person or agency with their current 207
774	774	addresses, electronic mail addresses, an d telephone numbers 208
775	775	or the addresses, electronic mail addresses, or telephone 209
776	776	numbers at which they wish notification to be given. 210
777	777	4. Notification by the appropriate person or agency 211
778	778	utilizing the statewide automated crime victim notification 212
779	779	system as established in section 650.310 shall constitute 213
780	780	compliance with the victim notification requirement of this 214
781	781	section. If notification utilizing the statewide automated 215
782	782	crime victim notification system cannot be used, then 216
783	783	written notification sh all be sent by certified mail or 217
784	784	electronic mail to the most current address or electronic 218
785	785	mail address provided by the victim. 219
786	786	5. Victims' rights as established in Section 32 of 220
787	787	Article I of the Missouri Constitution or the laws of this 221
788	788	state pertaining to the rights of victims of crime shall be 222
789	789	granted and enforced regardless of the desires of a 223
790	790	defendant and no privileges of confidentiality shall exist 224
791	791	in favor of the defendant to exclude victims or prevent 225 SB 134 26
792	792	their full participation in each and every phase of parole 226
793	793	hearings or probation revocation hearings. The rights of 227
794	794	the victims granted in this section are absolute and the 228
795	795	policy of this state is that the victim's rights are 229
796	796	paramount to the defendant's rights. The victim has an 230
797	797	absolute right to be present at any hearing in which the 231
798	798	defendant is present before a probation and parole hearing 232
799	799	officer. 233
800	800	