HCS HB 1289 -- SEXUAL OFFENDERS

SPONSOR: Evans

COMMITTEE ACTION: Voted "Do Pass with HCS" by the Standing Committee on Judiciary by a vote of 17 to 0. Voted "Do Pass" by the Standing Committee on Rules- Administrative Oversight by a vote of 9 to 0.

The following is a summary of the House Committee Substitute for HB 1289.

This bill removes an exemption from registration on the Sexual Offender Registry when a registrant is no longer required to register and his or her name must be removed from the registry under the provisions of Section 589.414, RSMo.

The bill also removes sexual misconduct involving a child under Section 566.083, if it is a first offense and the punishment is less than one year, from Tier I of the registry. A first offense of sexual misconduct involving a child under Section 566.083, whether a misdemeanor or felony, remains on Tier II of the registry. It also changes sexual abuse in the second degree, child molestation in the second degree as it existed prior to January 1, 2017, and sexual conduct with a nursing facility resident or vulnerable person in the first degree on Tier I of the registry from when the punishment is less than a year to if the offense is a misdemeanor. Additionally, the bill adds certain offenses to Tier I and certain offenses to Tier II.

This bill is similar to perfected HCS HB 1151 (2019).

The following is a summary of the public testimony from the committee hearing. The testimony was based on the introduced version of the bill.

PROPONENTS: Supporters say that this is a clarification/fix-it bill that needs to take care of necessary changes to the tiered registry system. The changes will help judges and offenders know who should be removed from the registry, and it will help cases move more quickly and help with plea agreements.

Testifying for the bill were Representative Evans; Justin McCullough, Missouri State Highway Patrol; and Rachel Smith.

OPPONENTS: There was no opposition voiced to the committee.

Statutes affected:
Introduced (3635H.02): 589.400, 589.401, 589.404, 589.414
Committee (3635H.03): 589.400, 589.401, 589.404, 589.414
Perfected (3635H.03): 217.735, 589.400, 589.401, 589.404, 589.414


Senate Committee Minutes:
SENATE COMMITTEE MINUTES Bill No.: HCS HB 1289
Sponsor: Evans
Hearing Date: 5/4/2020


COMMITTEE: Judiciary and Civil and Criminal Jurisprudence

CHAIRMAN: Luetkemeyer

DATE REFERRED: 3/12/2020 DATE HEARING REQUESTED:



STAFF:
Mary Grace Bruntrager
Bradley Green
Cindy Kadlec
Katie O'Brien


WITNESSES GIVING INFORMATION:
Stephen Sokoloff - Missouri Office of Prosecution Services


WITNESSES FOR:
Darrell Moore - Missouri Association of Prosecuting Attorneys and Missouri Office of Prosecution Services
Justin McCullough - Missouri State Highway Patrol


WITNESSES AGAINST: