SCS/SBs 205 & 236 - This act requires local law enforcement officers to notify schools of child molesters who move into the community and creates the new offense of sexual misconduct involving a child.

SEX OFFENDER NOTIFICATION: The Department of Public Safety shall develop a sex offender registry from existing registration information in the Missouri Uniform Law Enforcement System (MULES). The registry will include offenders who have registered on or after August 28, 1997 for the crime of child molestation.

The Department shall make information in the registry available to local law enforcement. Each local police department or county sheriff's office shall forward copies of the registry to: 1) public schools; 2) private schools; 3) child care facilities; and 4) other groups that request the registry.

A criminal background check performed on applicants for employment shall include a search of the registry.

A person who uses information obtained from the registry for any purpose other than to: 1) protect a child; or 2) make a hiring decision where the position involves contact with children shall be liable for actual damages suffered by a person on the registry. Such person may also be assessed a fine of up to $5,000.

The notification provisions are similar to those in SB 205 as introduced.

SEXUAL MISCONDUCT INVOLVING A CHILD: A person commits this crime if he commits any of the following acts: 1) Knowingly exposes his genitals to a child under age fourteen in a manner that would cause an adult to believe such conduct would offend a child; 2) Knowing exposes his genitals to such child to sexually arouse any other person, including the child; 3) Coerces such child to expose the child's genitals for the purpose of sexually arousing any person, including the child; or 4) Engages in any sexual act (defined) in the presence of such child, knowing that the sexual act will be viewed by the child, except that a person who can show that the viewing of such act was inadvertent or unintentional shall have a defense to this crime.

Sexual misconduct involving a child is a Class D felony for a first offense and a Class C felony for a second or subsequent offense.

This portion of the act (from SB 236) is similar to HB 27.
JAMES KLAHR