SECTION 43.533 - TOLL-FREE SEXUAL OFFENDER HOTLINE

This section requires the Highway Patrol, subject to appropriation, to operate a toll-free telephone number to disseminate information regarding individuals registered as sexual offenders and receive information from people on the residency of such offenders. The toll-free number will be placed on the Highway Patrol's sex offender registry website.

This section is similar to certain provisions in TAT/SS/SCS/HCS/HB 1698 et al (2006).

SECTION 43.650 - HIGHWAY PATROL SEX OFFENDER INTERNET WEBSITE INFORMATION

This section modifies what information shall be provided on the Highway Patrol's sexual offender registry Internet website. In addition to the information currently provided, the website shall provide the following information about each offender: 1) known aliases, 2) date of birth or alias dates of birth, 3) physical description, 4) temporary, work, and school addresses, 5) a physical description of the offender's vehicles, 6) the nature and date of qualifying offenses, 6) date of release, parole, or probation, 7) the person?s compliance status with the registry requirements, and 8) any photographs.

SECTION 188.023 - MANDATORY REPORTERS OF SEXUAL ABUSE

Any licensed health care professional who delivers a baby or performs an abortion, who has prima facie evidence that a patient has been the victim of statutory rape in the first degree or statutory rape in the second degree, or if the patient is under the age of eighteen, that he or she has been a victim of sexual abuse, including forcible rape, sexual assault, or incest, shall be a mandatory reporter of such crimes and abuse.

This section is similar to certain provisions in TAT/SS/SCS/HCS/HB 1698 et al (2006).

SECTIONS 217.735 & 559.106 - ELECTRONIC MONITORING OF PRIOR SEX OFFENDERS

These sections change which offenders must be under lifetime supervision by the Board of Probation and Parole and electronically monitored with a GPS tracking device.

Currently, prior sex offenders, who commit rape, sodomy, child molestation, sexual misconduct or abuse, enticement of a child, or sexual trafficking of a child, against a child under the age of 14, are required to be under lifetime supervision and electronically monitored. Under this act, those who commit sexual trafficking of a child under the age of 12, are also subject to this provision.

These sections also redefine who is a prior sex offender. Currently, a prior sex offender is a person who has previously pled guilty to or has been found guilty of another sex offense under Chapter 566, RSMo. This act modifies the definition to include those who have previously pled guilty to or has been found guilty of incest by having sex with the victim or endangering the welfare of a child in the first degree in a sexual manner.

SECTION 351.609 - EXPEDITING SUBPOENAS AND SEARCH WARRANTS OF FOREIGN CORPORATIONS

The provisions of this section shall apply to any subpoena or search warrant issued to search for records that are in the actual or constructive possession of a foreign corporation that provides electronic communication services or remote computing services to the general public, where those records would reveal the information concerning the customers using the service.

When properly served with a subpoena or search warrant issued by a Missouri court, a foreign corporation shall provide all records sought pursuant to the warrant within 5 business days of receipt, including any records maintained or located outside the state. For certain reasons, the time limit for production of the records may be shortened or extended.

A foreign corporation seeking to quash the subpoena or warrant must seek relief from the court that issued the subpoena or warrant within the time required for production of records under this section. The issuing court shall hear and decide that motion no later than five court days after the motion is filed.

A Missouri corporation that provides electronic communication services or remote computing services to the general public, when served with a subpoena or warrant issued by another state to produce records that reveal the customers using those services shall produce those records as if the subpoena or warrant was issued by a court of this state.

No cause of action shall lie against any foreign corporation or Missouri corporation subject to this section, its officers, employees, agents, or other specified persons for providing records, information, facilities, or assistance in accordance with the terms of a warrant subject to this section.

This section is similar to provisions in SB 557 (2006).

SECTION 489.042 - COMPUTER ACCESS FOR PROBATION/PAROLE OFFICERS

This section authorizes the Board of Probation and Parole or the court to require a person who is required to register as a sexual offender to give his or her assigned probation or parole officer access to his or her personal home computer as a condition of probation or parole in order to prevent such offender from obtaining and keeping child pornography or committing certain sexual offenses.

This section is similar to certain provisions in TAT/SS/SCS/HCS/HB 1698 et al (2006).

SECTIONS 544.671 & 547.170 - DENYING BAIL

Currently, individuals who are under a sentence of death or imprisonment or were sentenced for drug trafficking in the first degree, murder, rape, or first degree assault are not entitled to bail pending an appeal or when an appeal or writ is prosecuted. These sections extend such provision to certain specific sexual offenses and other felonies that are sexual or pornographic in nature if the victim was less than seventeen.

SECTION 556.061 - DEFINITION OF DANGEROUS FELONY

This section redefines the term "dangerous felony" to include child kidnapping.

SECTION 558.018 - PERSISTENT SEXUAL OFFENDERS

This section increases the minimum term of imprisonment for a "persistent sexual offender" from 30 years without probation or parole to life imprisonment without eligibility for probation or parole.

SECTION 559.100 - NO PROBATION OR PAROLE

In addition to other offenses, this section prohibits the courts from granting probation or parole to persons convicted of failing to register as a sex offender as a third offense, forcible rape, forcible sodomy, child molestation, sexual trafficking of a child under the age of twelve, and enticement of a child.

SECTION 566.010 - DEFINITION OF "DEVIATE SEXUAL INTERCOURSE"

This section modifies the definition of the term "deviate sexual intercourse" to include certain sexual acts performed to terrorize the victim.

This section is similar to certain provisions in TAT/SS/SCS/HCS/HB 1698 et al (2006).

SECTION 566.020 - AFFIRMATIVE DEFENSE OF CONSENT

Under this section, consent is not an affirmative defense to any sexual offense under Chapter 566, RSMo, if the alleged victim is less than 12 years old.

SECTION 566.030 - FORCIBLE RAPE

If a person inflicts serious injury, displays a weapon, or subjects the victim to sex with more than one person when committing forcible rape, the authorized term of imprisonment is life imprisonment or not less than fifteen years, rather than the current ten-year minimum term of imprisonment.

Under this section, the required term of imprisonment for a person who commits forcible rape and the victim is less than 12 years of age, shall be life imprisonment without eligibility for probation or parole until the person has served at least 30 years of his or her sentence or unless the person has reached the age of 75 years and has served at least 15 years of such sentence.

A person found guilty of or pleading guilty to forcible rape or attempt to commit forcible rape shall not be granted a suspended imposition of sentence or suspended execution of sentence.

SECTION 566.032 - STATUTORY RAPE IN THE FIRST DEGREE

This section makes the penalty for attempt to commit statutory rape in the first degree a felony with an authorized term of imprisonment of not less than 5 years, unless certain aggravating circumstances exist, in which case, the term of imprisonment shall not be less than 10 years. This penalty is the same as the current penalty for committing statutory rape.

SECTION 566.060 - FORCIBLE SODOMY

Under this section, the term of imprisonment for a person who commits forcible sodomy and the victim is less than 12 years of age, shall be life imprisonment without eligibility for probation or parole until the person has served at least 30 years of his or her sentence or unless the person has reached the age of 75 years and has served at least 15 years of such sentence.

A person found guilty of or pleading guilty to forcible sodomy or attempt to commit forcible sodomy shall not be granted a suspended imposition of sentence or suspended execution of sentence.

SECTION 566.062 - STATUTORY SODOMY IN THE FIRST DEGREE

This section makes the penalty for attempt to commit statutory sodomy in the first degree a felony with an authorized term of imprisonment of not less than 5 years, unless certain aggravating circumstances exist, in which case, the term of imprisonment shall not be less than 10 years. This penalty is the same as the current penalty for committing statutory sodomy.

SECTION 566.067 - CHILD MOLESTATION IN THE FIRST DEGREE

Under this section, a person who commits child molestation in the first degree against a child less than twelve years of age and with certain aggravating circumstances existing, shall be guilty of a Class A felony and shall serve his or her term of imprisonment without eligibility for probation or parole.

SECTION 566.083 - SEXUAL MISCONDUCT WITH A CHILD

This section specifies that sexual misconduct with a child may be committed in person or via the Internet. It is not an affirmative defense that the other person whom the offense was committed against was a peace officer masquerading as a minor.

This section is similar to certain provisions in SB 563 (2006) & SB 869 (2006).

SECTION 566.086 - SEXUAL CONTACT WITH A STUDENT

Currently, only a teacher who has sexual contact with a student while on public school property is guilty of the crime of sexual contact with a student.

Under this act, any teacher or student teacher, school employee or volunteer, volunteer of an organization working with the school, or any person employed by an entity that contracts with the public school district to provide services shall be guilty of such crime if he or she has sexual contact with a student on school property. The term "school property" includes the property of any public elementary or secondary school or any school bus used by the public school district.

The crime of sexual contact with a student is a Class D felony.

This section is similar to SB 579 (2006).

SECTION 566.090 - SEXUAL MISCONDUCT IN THE FIRST DEGREE

This section defines the crime of sexual misconduct in the first degree as a person purposely subjecting another person to sexual contact without consent. It removes the provision allowing this crime to be committing by having deviate sex with a person of the same sex.

SECTION 566.145 - SEXUAL CONTACT WITH A PRISONER OR OFFENDER

This section expands the current crime of "sexual contact with an inmate" to "sexual contact with a prisoner or offender".

Currently, an employee of a prison, jail or correctional facility is guilty of sexual contact with an inmate by having sex with an inmate. Under this act, a person is also guilty of such crime if he or she is a probation and parole officer and has sex with an offender. An "offender" is a person in prison or jail or a person under supervision of the Board of Probation and Parole.

SECTION 566.147 - SEXUAL OFFENDERS RESIDING NEAR SCHOOLS

Currently, this section prohibits certain offenders from establishing a residence within 1,000 feet of a school or child-care facility. This section prohibits such offenders from "residing" within 1,000 feet of a school. "Residing" is defined as "sleeping in a residence, which may include more than one location and may be mobile or transitory."

Also, persons convicted of invasion of privacy in the second degree are removed from this restriction.

SECTION 566.149 - SEXUAL OFFENDER ON SCHOOL GROUNDS

This section prohibits sexual offenders from being present in or loitering within 500 feet of a school building or property or a school-related activity when persons under age 18 are present, unless the person is a parent or guardian of a student in the building and has met the received permission from the school administration. Permission may be granted for one event or for a series of events. Violation of this section is a class A misdemeanor.

This section is similar to SB 753 (2006).

SECTION 566.151 - ENTICEMENT OF A CHILD

This section makes enticement of a child or attempting to entice a child a felony with an authorized term of imprisonment of not less than 5 years but not more than 30 years. No person convicted of this crime shall be eligible for probation, parole, conditional release, or suspended imposition or execution of sentence for five calendar years. The crime of attempting to entice a child shall have the same penalty.

SECTION 566.213 - SEXUAL TRAFFICKING OF A CHILD UNDER TWELVE

This section creates the crime of sexual trafficking of a child under the age of twelve. A person commits this crime if the person recruits, entices, transports, provides, or causes a person under the age of twelve to engage in a commercial sex act. It is not an affirmative defense that the defendant believed that the person was twelve years of age or older. This crime is a felony with an authorized term of imprisonment of life imprisonment without eligibility for probation or parole for 25 years.

SECTION 566.265 - REVOCATION OF BUSINESS

Under this section, if a business pleads guilty to or is found guilty of violating the laws against human trafficking or abuse through forced labor, the court may:

• Order its dissolution or reorganization;

• Order the suspension or revocation of any license or permit granted to the business;

• Order the surrender of its charter or the revocation of its certificate to conduct business.

This section is identical to a provision of SB 1168 (2006).

SECTION 567.085 - PROMOTING TRAVEL FOR PROSTITUTION

This section creates the crime of promoting travel for prostitution. A person commits such crime if he or she knowingly sells or offers to sell travel services that include or facilitate travel for the purpose of engaging in prostitution. The crime is a Class C felony.

This section is identical to a provision of SB 1168 (2006).

SECTION 567.087 & 567.089 - RESTRICTIONS ON TOUR OPERATORS OR TRAVEL AGENCIES

No travel agency or charter tour operator shall:

• Promote travel for prostitution; or

• Sell, advertise, or otherwise offer to sell travel services for purpose of engaging in a commercial sex act or which offer sexual contact as an enticement for tourism or which provide access to sex escorts or sexual services.

There shall be a rebuttable presumption that any agency or tour operator using advertisements that include certain terms or include depictions of human genitalia is in violation of this section.

No travel agency or charter tour operator shall engage in selling, advertising, or otherwise offering to sell travel services, tourism packages, or activities that solicit, encourage, or facilitate travel for the purposes of engaging in prostitution.

Upon violation of this provision, the secretary of state shall revoke the articles of incorporation of such business. The secretary of state, as part of a proceeding brought under this section, may order a freeze on the bank or deposit accounts of the travel agency or charter tour operator.

These sections are identical to provisions of SB 1168 (2006).

SECTION 568.020 - INCEST

This section removes duplicative definitions.

SECTION 573.010 - Definition of Child Pornography

This section modifies the definition of child pornography to include any visual depiction of sexually explicit conduct where: 1) the production involves the use of a minor engaging in sexually explicit conduct; 2) such depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or 3) such depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.

SECTION 575.159 - AIDING A SEXUAL OFFENDER

This section creates the crime of aiding a sexual offender. Under this section, any person who assists a sexual offender in eluding a law enforcement agency that is seeking to find the sexual offender to question him or her about, or to arrest the offender for, his or her noncompliance with the registration requirements is guilty of a Class D felony.

This section is similar to certain provisions in SB 570 (2006).

SECTION 575.195 - ESCAPING FROM COMMITMENT, DETENTION, OR CONDITIONAL RELEASE

This section specifies that individuals institutionally committed under the "sexual psychopath" statutes in effect prior to 1980 can be guilty of escaping from commitment. Escape from commitment or detention is a Class D felony. It also creates the crime of escape from conditional release, which is a class D felony.

This section is similar to SB 782 (2006).

SECTION 589.400 - SEXUAL OFFENDER REGISTRY

This section adds sexual contact with a resident of a nursing home, endangering the welfare of a child if committed in a sexual manner, genital mutilation, and sexual trafficking of a child, both generally and against children under the age of twelve, to the list of offenses for which a person must register as a sexual offender.

This section removes kidnaping when the victim is a child and the defendant is a parent or guardian of the child, felonious restraint when the victim is a child and the defendant is a parent or guardian of the child, and non-sexual child abuse from the list of offenses for which a person must register as a sexual offender. Individuals who are currently on the sexual offender registry for such offenses shall no longer be required to register as of August 28, 2006. Such person shall remain on the registry for any other offense for which he or she must register.

As of August 28, 2006, a person on the sexual offender registry for the following offenses may petition the civil division of the circuit court in which he or she plead guilty to or was found guilty of the offense for removal from the registry after ten years if there was no use of force or threat of force in the commission of the crime:

• Promoting prostitution in the second or third degree

• Public display of explicit sexual material

• Statutory rape in the second degree

As of August 28, 2006, a person on the sexual offender registry for any offense may petition the civil division of the circuit court in which he or she plead guilty to or was found guilty of the offense for removal from the registry after two years if there was no use of force or threat of force in the commission of the crime and the offender was nineteen years of age or younger and the victim was thirteen years of age or older at the time of the offense.

The court may order such relief if the person has no pending charges for which he or she would have to register. The prosecuting attorney shall be given notice of the petition to present evidence in opposition or may otherwise demonstrate the reasons why the petition should be denied. The prosecuting attorney shall make reasonable efforts to notify the victims. If the petition is denied, the registrant shall wait at least 12 months before petitioning again.

If the court finds the person is entitled to relief for removal of his or her name from the registry, a copy of the written findings or order shall be forwarded to the chief law enforcement officer and the Highway Patrol in order to remove the person's name.

Any nonresident worker or student shall register and is not entitled to this type of relief. Any registered offender from another state who has a temporary residence in this state and resides more than 14 days in a 12-month period shall register for the duration of his or her residency and is not entitled to this relief.

A person removed from the registry no longer has to fulfill the registration requirements unless he or she is later required to register for another offense.

This section modifies the term "chief law enforcement officer" to include the chief officer of St. Louis City as well as any county.

SECTION 589.402 - NEWSPAPER PUBLICATION AND WEBSITE INFORMATION

This section modifies what information shall be provided on the sexual offender registry website of any county or St. Louis City. In addition to the information currently provided, the website shall provide the following information about each offender: 1) known aliases, 2) date of birth or alias dates of birth, 3) physical description of the offender, 4) residence address, 5) temporary, work, and school addresses, 6) a physical description of the offender's vehicles, 7) the nature and date of qualifying offenses, 8) date of release, parole, or probation, 9) any photographs, and 7) the person's compliance status with the registry requirements.

This section allows the chief law enforcement officer of any county or St. Louis City to publish the registration information of sexual offenders living within the county or city in the newspaper.

This section modifies the term "chief law enforcement officer" to include the chief officer of St. Louis City as well as any county.

SECTIONS 589.403 & 589.405 - NOTIFICATION OF DUTY TO REGISTER

This section modifies the term "chief law enforcement officer" to include the chief officer of St. Louis City as well as any county.

SECTION 589.407 - REGISTRATION INFORMATION

In addition to current information provided, this section requires any registered sexual offender to provide a description of his or her vehicles. Also, the offender must provide positive identification and documentation to substantiate the accuracy of the information provided on his or her registration form, including: 1) a copy of a valid driver's license or ID card; 2) a document verifying proof of the offender's residency; and 3) a copy of the vehicle registration for each of the offender's vehicles.

SECTION 589.414 - UPDATING PHOTOS OF SEXUAL OFFENDERS

This section requires registered sexual offenders to provide an updated photograph once a year to law enforcement when they go for their reporting. Such offenders must report semi-annually, rather than annually.

This section modifies the term "chief law enforcement officer" to include the chief officer of St. Louis City as well as any county.

This section is similar to provisions in SB 557 (2006).

SECTION 589.425 - FAILING TO REGISTER AS A SEX OFFENDER

This section restructures the penalties for failing to register as a sex offender.

Under this act, a person who is required to register and does not complete all the requirements of registration is guilty of failing to register as a sex offender, which is a Class A misdemeanor unless the person is required to register based on having committed a sex crime under Chapter 566, RSMo, which is an unclassified felony, a Class A felony, a Class B felony, or any felony involving a child under the age of 14, in which case, it is a Class D felony.

Failing to register as a sex offender as a second offense is a Class D felony unless the person is required to register based on having committed a sex crime under Chapter 566, RSMo, which is an unclassified felony, a Class A felony, a Class B felony, or any felony involving a child under the age of 14, in which case, it is a Class C felony.

Failing to register as a sex offender as a third offense is a felony punished by a term of imprisonment of not less than 10 years but not more than 30 years. No court may suspend the imposition or execution of sentence of a person who commits such crime and no court may sentence such person to pay a fine in lieu of imprisonment. A person sentenced to such crime shall not be eligible for conditional release or parole until he or she has served at least two years of imprisonment. Upon release, a mandatory condition of supervision is that the offender shall be electronically monitored.

SECTION 600.042 - PUBLIC DEFENDERS

The state public defender system shall provide legal services to eligible persons, who have been taken into custody, for appeals from petitions for release.

SECTION 632.484, 632.489, AND 632.495 - HOUSING SEXUALLY VIOLENT PREDATORS

These sections specify that individuals being detained by the court for evaluation to determine whether they are sexually violent predators and individuals who have already been determined to be sexually violent predators may be housed together in the same location by the Department of Mental Health.

These sections are similar to SB 783 (2006).

SECTION 632.495 - SEXUALLY MOTIVATED OFFENSE

If a petition is filed alleging that a person committed a sexually violent offense for which a person could be civilly committed, the attorney general must prove by clear and convincing evidence that the offense was sexually motivated. "Sexually motivated" means one of the purposes for which the crime was committed was sexual arousal or gratification.

SECTION 632.498 - ANNUAL REVIEW BY THE COURT

Currently, each person civilly committed shall have an annual examination of his or her mental health. The court that committed the person shall conduct an annual review of the person's status and have a hearing. Nothing in the section shall be construed as prohibiting a person from petitioning the court for conditional release. However, if the committed person petitions the court for conditional release over the Director of the Department of Mental Health's objection, the petition shall be served upon the court that committed the person, the director, the head of the facility housing the person, and the attorney general. Under this section, the court shall not conduct an annual review of a person's status if he or she has been conditionally released.

Under this section, if the court determines at the hearing that the person no longer suffers from mental abnormalities that would likely make he or she engage in sexual violence, the court shall set a trial on the issue. The burden of proof at the trial shall be upon the state to prove by clear and convincing evidence, rather than beyond a reasonable doubt, that the person should remain committed. Any such determination by a jury shall be unanimous. If the court or jury find that the person's mental abnormality remains and he or she is a threat, the person shall remain in a secure facility. If the court or jury finds the person is changed, so that he or she is unlikely to commit acts of sexual violence if released, the person shall be conditionally released.

SECTION 632.501 & 632.504 - PETITIONS FOR RELEASE

If a person is released, the petition shall be served upon the court, the director of the Department of Mental Health, the director of the housing facility, and the Attorney General.

SECTION 632.505 - CONDITIONAL RELEASE

The Department of Mental Health may enter into an interagency agreement with the Department of Corrections for supervision of people granted a conditional release by the court.

This section establishes the requirements for conditional release. The Department of Corrections and the Department of Mental Health shall develop a conditional release plan, which addresses the various needs of the person being released. The Department of Mental Health shall submit the plan to the court and the court will determine whether it is sufficient. The court shall order that the person is subject to numerous conditions, including but not limited to, maintaining a residence approved by the department and employment, obeying all laws, not possessing a firearm, taking all medication, and not participating in activities with children without approval. The court may modify the conditions.

The court shall provide a copy of the order containing the conditions of release to the to the person, the attorney general, the Department of Mental Health, the head of the facility housing the person, and the Department of Corrections. A person who is conditionally release shall be supervised by a probation and parole officer.

If a probation and parole officer believes the person should no longer be released or has violated a condition of release, the officer may issue a warrant for the person's arrest. The warrant shall direct any peace officer to take the person into custody immediately in order to be returned to a secure facility.

If the Director of Mental Health believes the person should no longer be released or has violated a condition of release, he or she may request that a peace officer take the person into custody or request a probation or parole officer issue an arrest warrant. The court may issue a notice to the person to appear to answer a charge of a violation at any time and the court may issue an arrest warrant that authorizes the return of the person.

No peace officer responsible for apprehending and returning the person to the facility upon request shall be civilly liable if such duties were performed in good faith and without negligence. The department shall notify the court of the person's return.

Within seven days, the department shall file a petition to revoke conditional release or continue the person on release. A person shall remain in custody until a hearing, which has priority on the docket, is held on the revocation. If the court finds the person is no longer suitable for conditional release, the court shall revoke such release and order the person?s return to a secure facility. If the person is not returned, the court may modify the conditions of release.

A person whose conditional release has been revoked may petition for subsequent release no sooner than 6 months after his or her return.

The departments may require a person on conditional release to pay a reasonable fee for providing services and monitoring.

If a person on conditional release escapes from custody, the Department of Mental Health shall notify the court, the Department of Corrections, the county law enforcement, and the attorney general. The attorney general shall notify the victims and witnesses and file escape from commitment charges.

SECTION 632.507 - VICTIMS' INFORMATION RIGHTS

This section requires the Attorney General to inform victims of a sexually violent offense of the filing of any petition for conditional release by the perpetrator.

SECTION 650.120 - INTERNET CRIME INVESTIGATION GRANT PROGRAM

Subject to appropriation, the Department of Public Safety shall create a program to distribute grants to multijurisdictional Internet cyber crime law enforcement task forces and other law enforcement agencies. The grants shall be awarded and used to pay the salaries of detectives and computer forensic personnel and to provide funding for the training of law enforcement personnel. A panel of nine members awards the grants. This section outlines the requirements that must be met in order to qualify for a grant.

SECTION 1 - HIGHWAY PATROL NOTIFICATION

The Department of Corrections shall notify the Highway Patrol of any offender who is required as a mandatory condition of lifetime supervision to be electronically monitored and shall notify the Patrol when the supervision of such offender has been terminated. The Highway Patrol shall enter the electronic monitoring of the offender into MULES and sexual offender registry.

This act contains an emergency clause.

Certain provisions in this act are similar to HCS/SS/SCS/SB 588 et al (2006).

SUSAN HENDERSON MOORE