HOUSE BILL NO. 2311 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE COSTLOW.
5693H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 566.034, 566.068, 566.071, 589.400, 589.401, 589.403, 589.410, and 589.414, RSMo, and to enact in lieu thereof eight new sections relating to the sexual offender registry, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 566.034, 566.068, 566.071, 589.400, 589.401, 589.403, 589.410, 2 and 589.414, RSMo, are repealed and eight new sections enacted in lieu thereof, to be known 3 as sections 566.034, 566.068, 566.071, 589.400, 589.401, 589.403, 589.410, and 589.414, to 4 read as follows: 566.034. 1. A person commits the offense of statutory rape in the second degree if 2 being twenty-one years of age or older, he or she has sexual intercourse with another person 3 who is less than [seventeen] eighteen years of age. 4 2. The offense of statutory rape in the second degree is a class D felony. 566.068. 1. A person commits the offense of child molestation in the second degree 2 if he or she: 3 (1) Subjects a child who is less than twelve years of age to sexual contact; or 4 (2) Being more than [four] three years older than a child who is less than [seventeen] 5 eighteen years of age, subjects the child to sexual contact and the offense is an aggravated 6 sexual offense. 7 2. The offense of child molestation in the second degree is a class B felony. 566.071. 1. A person commits the offense of child molestation in the fourth degree if, 2 being more than [four] three years older than a child who is less than [seventeen] eighteen 3 years of age, the person subjects the child to sexual contact.
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 2311 2
4 2. The offense of child molestation in the fourth degree is a class E felony. 589.400. 1. Sections 589.400 to 589.425 shall apply to: 2 (1) Any person who, since July 1, 1979, has been or is hereafter adjudicated for an 3 offense referenced in section 589.414, unless such person is [exempt from registering under 4 subsection 9 or 10 of this section or] ordered by a court of competent jurisdiction to be 5 removed from the registry under section 589.401; 6 (2) Any person who, since July 1, 1979, has been or is hereafter convicted of, been 7 found guilty of, or pled guilty or nolo contendere to committing, attempting to commit, or 8 conspiring to commit one or more of the following offenses: kidnapping or kidnapping in the 9 first degree when the victim was a child and the defendant was not a parent or guardian of the 10 child; abuse of a child under section 568.060 when such abuse is sexual in nature; felonious 11 restraint or kidnapping in the second degree when the victim was a child and the defendant is 12 not a parent or guardian of the child; sexual contact or sexual intercourse with a resident of a 13 nursing home or sexual conduct with a nursing facility resident or vulnerable person in the 14 first or second degree; endangering the welfare of a child under section 568.045 when the 15 endangerment is sexual in nature; genital mutilation of a female child, under section 568.065; 16 promoting prostitution in the first degree; promoting prostitution in the second degree; 17 promoting prostitution in the third degree; sexual exploitation of a minor; promoting child 18 pornography in the first degree; promoting child pornography in the second degree; 19 possession of child pornography; furnishing pornographic material to minors; public display 20 of explicit sexual material; coercing acceptance of obscene material; promoting obscenity in 21 the first degree; promoting pornography for minors or obscenity in the second degree; incest; 22 use of a child in a sexual performance; or promoting sexual performance by a child; 23 patronizing prostitution if the individual the person patronizes is less than eighteen years of 24 age; 25 (3) Any person who, since July 1, 1979, has been committed to the department of 26 mental health as a criminal sexual psychopath; 27 (4) Any person who, since July 1, 1979, has been found not guilty as a result of 28 mental disease or defect of any offense referenced in section 589.414; 29 (5) Any juvenile certified as an adult and transferred to a court of general jurisdiction 30 who has been adjudicated for an offense listed under section 589.414; 31 (6) Any juvenile fourteen years of age or older at the time of the offense who has 32 been adjudicated for an offense which is equal to or more severe than aggravated sexual abuse 33 under 18 U.S.C. Section 2241, which shall include any attempt or conspiracy to commit such 34 offense; 35 (7) Any person who is a resident of this state who has, since July 1, 1979, been or is 36 hereafter adjudicated in any other state, territory, the District of Columbia, or foreign country, HB 2311 3
37 or under federal, tribal, or military jurisdiction for an offense which, if committed in this state, 38 would constitute an offense listed under section 589.414, or has been or is required to register 39 in another state, territory, the District of Columbia, or foreign country, or has been or is 40 required to register under tribal, federal, or military law; or 41 (8) Any person who has been or is required to register in another state, territory, the 42 District of Columbia, or foreign country, or has been or is required to register under tribal, 43 federal, or military law and who works or attends an educational institution, whether public or 44 private in nature, including any secondary school, trade school, professional school, or 45 institution of higher education on a full-time or on a part-time basis or has a temporary 46 residence in Missouri. "Part-time" in this subdivision means for more than seven days in any 47 twelve-month period. 48 2. Any person to whom sections 589.400 to 589.425 apply shall, within three business 49 days of adjudication, release from incarceration, or placement upon probation, register with 50 the chief law enforcement official of the county or city not within a county in which such 51 person resides unless such person has already registered in that county for the same offense. 52 For any juvenile under subdivision (6) of subsection 1 of this section, within three business 53 days of adjudication or release from commitment to the division of youth services, the 54 department of mental health, or other placement, such juvenile shall register with the chief 55 law enforcement official of the county or city not within a county in which he or she resides 56 unless he or she has already registered in such county or city not within a county for the same 57 offense. Any person to whom sections 589.400 to 589.425 apply if not currently registered in 58 their county of residence shall register with the chief law enforcement official of such county 59 or city not within a county within three business days. The chief law enforcement official 60 shall forward a copy of the registration form required by section 589.407 to a city, town, 61 village, or campus law enforcement agency located within the county of the chief law 62 enforcement official. 63 3. The registration requirements of sections 589.400 through 589.425 shall be as 64 provided under subsection 4 of this section unless[: 65 (1) All offenses requiring registration are reversed, vacated, or set aside; 66 (2) The registrant is no longer required to register and his or her name shall be 67 removed from the registry under the provisions of section 589.414; or 68 (3) The] a court of competent jurisdiction orders the removal [or exemption] of such 69 person from the registry under section 589.401. 70 4. The registration requirements shall be as follows: 71 (1) Fifteen years if the offender is a tier I sex offender as provided under section 72 589.414; HB 2311 4
73 (2) Twenty-five years if the offender is a tier II sex offender as provided under section 74 589.414; or 75 (3) The life of the offender if the offender is a tier III sex offender. 76 5. (1) The registration period shall be reduced as described in subdivision (3) of this 77 subsection for a sex offender who maintains a clean record for the periods described under 78 subdivision (2) of this subsection by: 79 (a) Not being adjudicated of any offense for which imprisonment for more than one 80 year may be imposed; 81 (b) Not being adjudicated of any sex offense; 82 (c) Successfully completing any periods of supervised release, probation, or parole; 83 and 84 (d) Successfully completing an appropriate sex offender treatment program certified 85 by the attorney general. 86 (2) In the case of a: 87 (a) Tier I sex offender, the period during which the clean record shall be maintained is 88 ten years; 89 (b) Tier III sex offender adjudicated delinquent for the offense which required 90 registration in a sex offender registry under sections 589.400 to 589.425, the period during 91 which the clean record shall be maintained is twenty-five years. 92 (3) In the case of a: 93 (a) Tier I sex offender, the reduction is five years; 94 (b) Tier III sex offender adjudicated delinquent, the reduction is from life to that 95 period for which the clean record under paragraph (b) of subdivision (2) of this subsection is 96 maintained. 97 6. For processing an initial sex offender registration the chief law enforcement officer 98 of the county or city not within a county may charge the offender registering a fee of up to ten 99 dollars. 100 7. For processing any change in registration required pursuant to section 589.414 the 101 chief law enforcement official of the county or city not within a county may charge the person 102 changing their registration a fee of five dollars for each change made after the initial 103 registration. 104 8. [Any person currently on the sexual offender registry or who otherwise would be 105 required to register for being adjudicated for the offense of felonious restraint of a nonsexual 106 nature when the victim was a child and he or she was the parent or guardian of the child, 107 nonsexual child abuse that was committed under section 568.060, or kidnapping of a 108 nonsexual nature when the victim was a child and he or she was the parent or guardian of the 109 child shall be removed from the registry. However, such person shall remain on the sexual HB 2311 5
110 offender registry for any other offense for which he or she is required to register under 111 sections 589.400 to 589.425. 112 9. The following ] (1) Certain persons shall [be exempt from registering as a sexual 113 offender upon petition to the court of jurisdiction under section 589.401; except that, such 114 person shall remain on the sexual offender registry for any other offense for which he or she is 115 required to register under sections 589.400 to 589.425: 116 (1) Any person currently on the sexual offender registry or who otherwise would be 117 required to register for a sexual offense involving: 118 (a) Sexual conduct where no force or threat of force was directed toward the victim or 119 any other individual involved, if the victim was an adult, unless the adult was under the 120 custodial authority of the offender at the time of the offense; or 121 (b) Sexual conduct where no force or threat of force was directed toward the victim, 122 the victim was at least fourteen years of age, and the offender was not more than four years 123 older than the victim at the time of the offense; or 124 (2) Any person currently required to register for the following sexual offenses: 125 (a) Promoting obscenity in the first degree under section 573.020; 126 (b) Promoting obscenity in the second degree under section 573.030; 127 (c) Furnishing pornographic materials to minors under section 573.040; 128 (d) Public display of explicit sexual material under section 573.060; 129 (e) Coercing acceptance of obscene material under section 573.065; 130 (f) Trafficking for the purpose of slavery, involuntary servitude, peonage, or forced 131 labor under section 566.206; 132 (g) Abusing an individual through forced labor under section 566.203; 133 (h) Contributing to human trafficking through the misuse of documentation under 134 section 566.215; or 135 (i) Acting as an international marriage broker and failing to provide the information 136 and notice as required under section 578.475] have the right to petition for exemption from 137 the requirements of sections 589.400 to 589.425 in accordance with this subsection. 138 (2) A petition for exemption shall be filed in the same manner as described in 139 section 589.401 and shall be the exclusive remedy for adjudicating the applicability of 140 the exemptions in this subsection. 141 (3) If a petition for exemption is filed before a person is required to register 142 under this section, the requirements of sections 589.400 to 589.425 shall be stayed 143 pending the outcome. In the event a petition is denied, the requirements of sections 144 589.400 to 589.425 shall be in effect three business days after the denial order. Nothing 145 in this subsection shall alter ongoing requirements for persons whose initial registration 146 requirement begins prior to the filing of a petition for exemption. HB 2311 6
147 (4) A person seeking exemption shall have the burden of proving he or she was 148 convicted of an offense involving sexual conduct where no force or threat of force was 149 directed toward the victim, the victim was fourteen years of age or older, and the 150 offender was not more than three years older than the victim at the time of the offense. 151 (5) If a court determines a person to be exempt, sections 589.400 to 589.425 shall 152 not apply for purposes of the exempt offense. In the event a person currently registered 153 is found to be exempt, the person shall be removed from the registry and the 154 requirements of sections 589.400 to 589.425 shall no longer apply. 155 (6) Nothing in this subsection shall prohibit a person from remaining or being 156 placed on the sexual offender registry for any other nonexempt offense for which he or 157 she is required to register under sections 589.400 to 589.425. 158 [10. Any person currently on the sexual offender registry for having been adjudicated 159 for a tier I or II offense or adjudicated delinquent for a tier III offense or other comparable 160 offenses listed under section 589.414 may file a petition under section 589.401. 161 11.] 9. Any nonresident worker, including work as a volunteer or intern, or 162 nonresident student shall register for the duration of such person's employment, including 163 participation as a volunteer or intern, or attendance at any school of higher education whether 164 public or private, including any secondary school, trade school, professional school, or 165 institution of higher education on a full-time or part-time basis in this state unless granted 166 relief under section 589.401. Any registered offender shall provide information regarding any 167 place in which the offender is staying when away from his or her residence for seven or more 168 days, including the period of time the offender is staying in such place. Any registered 169 offender from another state who has a temporary residence in this state and resides more than 170 seven days in a twelve-month period shall register for the duration of such person's temporary 171 residency unless granted relief under section 589.401. 589.401. 1. A person on the sexual offender registry may file a petition in the 2 division of the circuit court in the county or city not within a county in which the offense 3 requiring registration was committed to have his or her name removed from the sexual 4 offender registry. 5 2. A person who is required to register in this state because of an offense that was 6 adjudicated in another jurisdiction shall file his or her petition for removal according to the 7 laws of the state, federal, territory, tribal, or military jurisdiction, the District of Columbia, or 8 foreign country in which his or her offense was adjudicated. Upon the grant of the petition 9 for removal in the jurisdiction where the offense was adjudicated, such judgment may be 10 registered in this state by sending the information required under subsection 5 of this section 11 as well as one authenticated copy of the order granting removal from the sexual offender 12 registry in the jurisdiction where the offense was adjudicated to the court in the county or city HB 2311 7
13 not within a county in which the offender is required to register. On receipt of a request for 14 registration removal, the registering court shall cause the order to be filed as a foreign 15 judgment, together with one copy of the documents and information, regardless of their form. 16 The petitioner shall be responsible for costs associated with filing the petition. Nothing in 17 this subsection shall relieve an individual from the registration requirements of sections 18 589.400 to 589.425. In addition to the requirements for removal under section 589.401, 19 individuals with a registered foreign judgment may include a copy of the foreign 20 judgment in an action under section 589.401 in the manner foreign judgments are 21 normally used to establish facts in a proceeding. 22 3. A person required to register: 23 (1) As a tier III offender; 24 (2) Under subdivision (7) of subsection 1 of section 589.400; or 25 (3) As a result of an offense that is sexual in nature committed against a minor or 26 against an incapacitated person as defined under section 475.010 27 28 shall not file a petition under this section unless the requirement to register results from a 29 juvenile adjudication. 30 4. The petition shall be dismissed without prejudice if the following time periods 31 have not elapsed since the date the person was required to register for his or her most recent 32 offense under sections 589.400 to 589.425: 33 (1) For a tier I offense, ten years; 34 (2) For a tier II offense, twenty-five years; or 35