Missouri 2025 Regular Session

Missouri Senate Bill SB196 Compare Versions

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

Old	New	Differences
1	1
2	2	FIRST REGULAR SESSION
3	3	SENATE BILL NO. 196
4	4	103RD GENERAL ASSEMBLY
5	5	INTRODUCED BY SENATOR MOON.
6	6	0616S.01I KRISTINA MARTIN, Secretary
7	7	AN ACT
8	8	To amend chapter 566, RSMo, by adding thereto one new section relating to sexual offenses.
9	9
10	10	Be it enacted by the General Assembly of the State of Missouri, as follows:
11	11	Section A. Chapter 566, RSMo, is amended by adding thereto 1
12	12	one new section, to be known as section 566.250, to read as 2
13	13	follows:3
14	14	566.250. 1. Where statutory rape in the first degree 1
15	15	or sexual trafficking of a child in the first degree is 2
16	16	charged but not submitted or where the state waives the 3
17	17	death penalty, the submissio n to the trier and all 4
18	18	subsequent proceedings in the case shall proceed as in all 5
19	19	other criminal cases. 6
20	20	2. Where statutory rape in the first degree or sexual 7
21	21	trafficking of a child in the first degree is submitted to 8
22	22	the trier without a waiver of the death penalty, the trial 9
23	23	shall proceed in two stages before the same trier. At the 10
24	24	first stage the trier shall decide only whether the 11
25	25	defendant is guilty or not guilty of any submitted offense. 12
26	26	The issue of punishment shall not be submitted to the trier 13
27	27	at the first stage. If an offense is charged other than 14
28	28	statutory rape in the first degree or sexual trafficking of 15
29	29	a child in the first degree in a count together with a count 16
30	30	of statutory rape in the first degree or sexual trafficking 17
31	31	of a child in the first degree, the trial judge shall assess 18
32	32	punishment on any such offense according to law, after the 19 SB 196 2
33	33	defendant is found guilty of such offense and after he finds 20
34	34	the defendant to be a prior offender pursuant to chapter 558. 21
35	35	3. If statutory rape in the first degree or sexual 22
36	36	trafficking of a child in the first degree is submitted and 23
37	37	the death penalty was not waived but the trier finds the 24
38	38	defendant guilty of a lesser sexual offense, a second stage 25
39	39	of the trial shall proceed as i n all other criminal cases. 26
40	40	The attorneys may then argue as in other criminal cases the 27
41	41	issue of punishment, after which the trier shall assess and 28
42	42	declare the punishment as in all other criminal cases. 29
43	43	4. If the trier at the first stage of a tri al where 30
44	44	the death penalty was not waived finds the defendant guilty 31
45	45	of statutory rape in the first degree or sexual trafficking 32
46	46	of a child in the first degree, a second stage of the trial 33
47	47	shall proceed at which the only issue shall be the 34
48	48	punishment to be assessed and declared. Evidence in 35
49	49	aggravation and mitigation of punishment, may be presented 36
50	50	subject to the rules of evidence at criminal trials. Such 37
51	51	evidence may include, within the discretion of the court, 38
52	52	evidence concerning the victim and the impact of the offense 39
53	53	upon the family of the victim and others. Rebuttal and 40
54	54	surrebuttal evidence may be presented. The state shall be 41
55	55	the first to proceed. If the trier is a jury it shall be 42
56	56	instructed on the law. The attorneys may then argue the 43
57	57	issue of punishment to the jury, and the state shall have 44
58	58	the right to open and close the argument. The trier shall 45
59	59	assess and declare the punishment at life imprisonment 46
60	60	without eligibility for probation, parole, or release except 47
61	61	by act of the governor: 48
62	62	(1) If the trier finds by a preponderance of the 49
63	63	evidence that the defendant is intellectually disabled; 50 SB 196 3
64	64	(2) If the trier concludes that there is evidence in 51
65	65	mitigation of punishment which is sufficient to outweigh the 52
66	66	evidence in aggravation of punishment found by the trier; or 53
67	67	(3) If the trier decides under all of the 54
68	68	circumstances not to assess and declare the punishment at 55
69	69	death. If the trier is a jury it shall be so instructed. 56
70	70	If the trier is a jury it shall be instr ucted before the 57
71	71	case is submitted that if it is unable to decide or agree 58
72	72	upon the punishment the court shall assess and declare the 59
73	73	punishment at life imprisonment without eligibility for 60
74	74	probation, parole, or release except by act of the governor 61
75	75	or death. The court shall follow the same procedure as set 62
76	76	out in this section whenever it is required to determine 63
77	77	punishment for statutory rape in the first degree or sexual 64
78	78	trafficking of a child in the first degree. 65
79	79	5. Upon written agreement o f the parties and with 66
80	80	leave of the court, the issue of the defendant's 67
81	81	intellectual disability may be taken up by the court and 68
82	82	decided prior to trial without prejudicing the defendant's 69
83	83	right to have the issue submitted to the trier of fact as 70
84	84	provided in subsection 4 of this section. 71
85	85	6. As used in this section, the terms "intellectual 72
86	86	disability" or "intellectually disabled" refer to a 73
87	87	condition involving substantial limitations in general 74
88	88	functioning characterized by significantly subavera ge 75
89	89	intellectual functioning with continual extensive related 76
90	90	deficits and limitations in two or more adaptive behaviors 77
91	91	such as communication, self -care, home living, social 78
92	92	skills, community use, self -direction, health and safety, 79
93	93	functional academics, or leisure and work, which conditions 80
94	94	are manifested and documented before eighteen years of age. 81 SB 196 4
95	95	7. The provisions of this section shall only govern 82
96	96	offenses committed on or after August 28, 2025. 83
97	97	