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Missouri General Assembly· HB 263706/12/2026 - Delivered to Secretary of State (G)

Modifies and establishes provisions relating to public safety, the official text

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SECOND REGULAR SESSION
                          [TRULY AGREED TO AND FINALLY PASSED]
                         CONFERENCE COMMITTEE SUBSTITUTE FOR

                                       SENATE SUBSTITUTE FOR
                             SENATE COMMITTEE SUBSTITUTE FOR
                              HOUSE COMMITTEE SUBSTITUTE FOR

           HOUSE BILL NOS. 2637 & 3155

6162H.09T  103RD GENERAL ASSEMBLY

                                   2026

                                       AN ACT

To repeal sections 43.500, 43.503, 43.506, 43.509, 43.527, 43.530, 43.533, 43.650, 43.651,
         56.265, 57.540, 211.021, 211.071, 211.319, 211.331, 211.341, 217.362, 217.690,
         217.760, 455.050, 527.270, 556.061, 557.011, 557.021, 558.011, 558.016, 558.019,
         558.026, 558.031, 558.046, 559.115, 565.002, 565.050, 565.052, 565.054, 565.056,
         565.072, 565.073, 565.074, 565.076, 565.090, 565.091, 565.225, 565.227, 566.030,
         566.032, 566.060, 566.103, 566.125, 566.203, 566.209, 566.210, 566.211, 568.045,
         568.060, 577.800, 589.400, 589.401, 589.402, 589.403, 589.404, 589.405, 589.407,
         589.410, 589.414, 589.415, 589.417, 589.425, 590.192, 632.305, 632.489, 632.492,
         632.495, 632.504, and 632.520, RSMo, sections 211.021, 211.071, 211.331, 211.341,
         211.342, 211.436, 217.362, 217.690, 217.760, 557.011, 557.021, 558.011, 558.019,
         558.026, 558.031, 558.046, 559.115, 566.030, 566.060, 566.125, 566.210, 566.211,
         568.060, and 589.425 as enacted by senate substitute no. 3 for senate bill number 888,
         one hundred third general assembly, second regular session, section 589.407 as truly
         agreed to and finally passed by house committee substitute for senate bill no. 982, one
         hundred third general assembly, second regular session, and sections 589.400 and
         589.414 as enacted by senate substitute for senate committee substitute for house
         committee substitute for house bills nos. 2273, 1946, 1814 & 2551, one hundred third
         general assembly, second regular session, and to enact in lieu thereof ninety-four new
         sections relating to public safety, with penalty provisions, delayed effective dates for
         certain sections, and an emergency clause for certain sections.

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.
CCS SS SCS HCS HBs 2637 & 3155  2

     Be it enacted by the General Assembly of the state of Missouri, as follows:

              Section A. Sections 43.500, 43.503, 43.506, 43.509, 43.527, 43.530, 43.533, 43.650,
 2 43.651, 56.265, 57.540, 211.021, 211.071, 211.319, 211.331, 211.341, 217.362, 217.690,
 3 217.760, 455.050, 527.270, 556.061, 557.011, 557.021, 558.011, 558.016, 558.019, 558.026,
 4 558.031, 558.046, 559.115, 565.002, 565.050, 565.052, 565.054, 565.056, 565.072, 565.073,
 5 565.074, 565.076, 565.090, 565.091, 565.225, 565.227, 566.030, 566.032, 566.060, 566.103,
 6 566.125, 566.203, 566.209, 566.210, 566.211, 568.045, 568.060, 577.800, 589.400, 589.401,
 7 589.402, 589.403, 589.404, 589.405, 589.407, 589.410, 589.414, 589.415, 589.417, 589.425,
 8 590.192, 632.305, 632.489, 632.492, 632.495, 632.504, and 632.520, RSMo, sections 211.021,
 9 211.071, 211.331, 211.341, 211.342, 211.436, 217.362, 217.690, 217.760, 557.011, 557.021,
10 558.011, 558.019, 558.026, 558.031, 558.046, 559.115, 566.030, 566.060, 566.125, 566.210,
11 566.211, 568.060, and 589.425 as enacted by senate substitute no. 3 for senate bill number 888,
12 one hundred third general assembly, second regular session, section 589.407 as truly agreed to
13 and finally passed by house committee substitute for senate bill no. 982, one hundred third
14 general assembly, second regular session, and sections 589.400 and 589.414 as enacted by senate
15 substitute for senate committee substitute for house committee substitute for house bills nos.
16 2273, 1946, 1814 & 2551, one hundred third general assembly, second regular session, are
17 repealed and ninety-four new sections enacted in lieu thereof, to be known as sections 27.117,
18 43.500, 43.503, 43.506, 43.509, 43.527, 43.530, 56.265, 57.540, 211.021, 211.071, 211.319,
19 211.331, 211.341, 211.342, 217.362, 217.690, 217.760, 455.050, 455.098, 527.270, 544.667,
20 556.061, 557.011, 557.021, 558.011, 558.016, 558.019, 558.026, 558.031, 558.046, 559.115,
21 565.002, 565.050, 565.052, 565.054, 565.056, 565.072, 565.073, 565.074, 565.076, 565.090,
22 565.091, 565.225, 565.227, 565.260, 565.400, 565.405, 566.030, 566.032, 566.060, 566.103,
23 566.125, 566.203, 566.209, 566.210, 566.211, 568.045, 568.060, 573.570, 573.575, 577.800,
24 589.400, 589.401, 589.403, 589.404, 589.405, 589.407, 589.410, 589.411, 589.412, 589.413,
25 589.414, 589.415, 589.417, 589.425, 589.900, 589.902, 590.192, 632.305, 632.489, 632.492,
26 632.495, 632.504, 632.520, 632.580, 632.585, 632.590, 632.593, 632.595, 632.600, 632.605,
27 632.610, and 1, to read as follows:

              27.117. A prosecuting or circuit attorney may request assistance from the attorney
 2 general, or one of his or her assistants, to assist in the prosecution of a violation of sections
 3 565.090, 565.091, 565.225, 565.227, 565.400, 565.405, 573.570 or 573.575, where the offense
 4 occurred in more than one jurisdiction of the state. The prosecuting or circuit attorney
 5 may request any resource or capability of the attorney general when prosecuting such
 6 cases.
CCS SS SCS HCS HBs 2637 & 3155                3

    43.500. As used in sections 43.500 to [43.651] 43.600, the following terms mean:

2   (1) "Administration of criminal justice", performance of any of the following activities:

3 detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication,

4 correctional supervision, or rehabilitation of accused persons or criminal offenders. The

5 administration of criminal justice shall include the screening of employees or applicants seeking

6 employment with criminal justice agencies, criminal identification activities, and the collection,

7 storage, and dissemination of criminal history information, including fingerprint searches,

8 photographs, and other unique biometric identification;

9   (2) "Central repository", the division within the Missouri state highway patrol

10 responsible for compiling and disseminating complete and accurate criminal history records and

11 statistics;

12  (3) "Committee", criminal records and justice information advisory committee;

13  (4) "Comparable ordinance violation", a violation of an ordinance having all the

14 essential elements of a statutory felony or a class A misdemeanor;

15  (5) "Criminal history record information", information collected by criminal justice

16 agencies on individuals consisting of identifiable descriptions and notations of arrests,

17 detentions, indictments, informations, or other formal criminal charges, and any disposition

18 arising therefrom, sentencing, correctional supervision, and release;

19  (6) "Final disposition", the formal conclusion of a criminal proceeding at whatever stage

20 it occurs in the criminal justice system;

21  (7) "Missouri charge code", a unique number assigned by the office of state courts

22 administrator to an offense for tracking and grouping offenses. Beginning January 1, 2005, the

23 complete charge code shall consist of digits assigned by the office of state courts administrator,

24 the two-digit national crime information center modifiers and a single digit designating attempt,

25 accessory, or conspiracy. The only exception to the January 1, 2005, date shall be the courts that

26 are not using the statewide court automation case management pursuant to section 476.055; the

27 effective date will be as soon thereafter as economically feasible for all other courts;

28  (8) "State offense cycle number", a unique number, supplied by or approved by the

29 Missouri state highway patrol, on the state criminal fingerprint card. The offense cycle number,

30 OCN, is used to link the identity of a person, through unique biometric identification, to one or

31 many offenses for which the person is arrested or charged. The OCN will be used to track an

32 offense incident from the date of arrest to the final disposition when the offender exits from the

33 criminal justice system;

34  (9) "Unique biometric identification", automated methods of recognizing and identifying

35 an individual based on a physiological characteristic. Biometric identification methods may

36 include but are not limited to facial recognition, fingerprints, palm prints, hand geometry, iris

37 recognition, and retinal scan.
CCS SS SCS HCS HBs 2637 & 3155  4

            43.503. 1. For the purpose of maintaining complete and accurate criminal history record

2 information, all police officers of this state, the clerk of each court, the department of

3 corrections, the sheriff of each county, the chief law enforcement official of a city not within a

4 county and the prosecuting attorney of each county or the circuit attorney of a city not within

5 a county shall submit certain criminal arrest, charge, and disposition information to the central

6 repository for filing without undue delay in the form and manner required by sections 43.500

7 to [43.651] 43.600.

8           2. All law enforcement agencies making misdemeanor and felony arrests as determined

9 by section 43.506 shall furnish without undue delay, to the central repository, fingerprints,

10 photograph, and if available, any other unique biometric identification collected, charges,

11 appropriate charge codes, and descriptions of all persons who are arrested for such offenses on

12 standard fingerprint forms supplied or approved by the highway patrol or electronically in a

13 format and manner approved by the highway patrol and in compliance with the standards set by

14 the Federal Bureau of Investigation in its Automated Fingerprint Identification System or its

15 successor program. All such agencies shall also notify the central repository of all decisions not

16 to refer such arrests for prosecution. An agency making such arrests may enter into

17 arrangements with other law enforcement agencies for the purpose of furnishing without undue

18 delay such fingerprints, photograph, and if available, any other unique biometric identification

19 collected, charges, appropriate charge codes, and descriptions to the central repository upon its

20 behalf.

21          3. In order for the Missouri office of prosecution services to maintain complete and

22 accurate statewide reports as required by section 56.750, on or before January 1, 2028, and

23 thereafter, all police officers of this state, the sheriff and each deputy sheriff of each county, and

24 the chief law enforcement official of a city not within a county and his or her officers shall

25 submit referrals for any traffic violation, ordinance violation, or misdemeanor or felony offense

26 referred to a prosecuting or circuit attorney in the form and manner approved by the Missouri

27 office of prosecution services as required by subdivision (7) of subsection 1 of section 56.750.

28 At a minimum, any referral to a prosecuting attorney or circuit attorney for a felony offense shall

29 include a probable cause statement and an investigative report. Any law enforcement agency

30 that violates this subsection shall be ineligible to receive state or federal funds that would

31 otherwise be paid to such agency for law enforcement, safety, or criminal justice purposes.

32          4. In instances where an individual [less than seventeen] under eighteen years of age

33 and not currently certified as an adult is taken into custody for an offense [which] that would

34 be a class A or B felony, felony under chapter 566, or two felony offenses arising from

35 distinct acts committed within one year of each other, if committed by an adult, the arresting

36 officer shall take fingerprints for the central repository. These fingerprints shall be taken on

37 fingerprint cards supplied by or approved by the highway patrol or transmitted electronically in
CCS SS SCS HCS HBs 2637 & 3155   5

38 a format and manner approved by the highway patrol and in compliance with the standards set

39 by the Federal Bureau of Investigation in its Automated Fingerprint Identification System or its

40 successor program. [The fingerprint cards shall be so constructed that the name of the juvenile

41 should not be made available to the central repository.] The individual's name and the unique

42 number associated with the fingerprints and other pertinent information shall be provided to the

43 court of jurisdiction by the agency taking the juvenile into custody. The juvenile's fingerprints

44 and other information shall be forwarded to the central repository and the courts without undue

45 delay. The fingerprint information from the card shall be captured and stored in the automated

46 fingerprint identification system operated by the central repository. In the event the fingerprints

47 are found to match other tenprints or unsolved latent prints, the central repository shall notify

48 the submitting agency who shall notify the court of jurisdiction as per local agreement. Under

49 section 211.031, in instances where a juvenile over fifteen and one-half years of age is alleged

50 to have violated a state or municipal traffic ordinance or regulation, which does not constitute

51 a felony, and the juvenile court does not have jurisdiction, the juvenile shall not be fingerprinted

52 unless certified as an adult. Records of a juvenile who has been fingerprinted under this

53 subsection shall be closed records as provided under section 610.120.

54  5. Upon certification of the individual as an adult, the certifying court shall order a law

55 enforcement agency to immediately fingerprint and photograph the individual and certification

56 papers will be forwarded to the appropriate law enforcement agency with the order for

57 fingerprinting. The law enforcement agency shall submit such fingerprints, photograph, and

58 certification papers to the central repository within fifteen days and shall furnish the offense

59 cycle number associated with the fingerprints to the prosecuting attorney or the circuit attorney

60 of a city not within a county and to the clerk of the court ordering the subject fingerprinted. If

61 the juvenile is acquitted of the crime and is no longer certified as an adult, the prosecuting

62 attorney shall notify within fifteen days the central repository of the change of status of the

63 juvenile. Records of a child who has been fingerprinted and photographed after being taken into

64 custody shall be closed records as provided under section 610.100 if a petition has not been filed

65 within thirty days of the date that the child was taken into custody; and if a petition for the child

66 has not been filed within one year of the date the child was taken into custody, any records

67 relating to the child concerning the alleged offense may be expunged under the procedures in

68 sections 610.122 to 610.126.

69  6. The prosecuting attorney of each county or the circuit attorney of a city not within a

70 county or the municipal prosecuting attorney shall notify the central repository on standard

71 forms supplied by the highway patrol or in a manner approved by the highway patrol of his or

72 her decision to not file a criminal charge on any charge referred to such prosecuting attorney or

73 circuit attorney for criminal charges. All records forwarded to the central repository and the

74 courts by prosecutors or circuit attorneys as required by sections 43.500 to 43.530 shall include
CCS SS SCS HCS HBs 2637 & 3155      6

75 the state offense cycle number of the offense, the charge code for the offense, and the originating

76 agency identifier number of the reporting prosecutor, using such numbers as assigned by the

77 highway patrol.

78   7. The clerk of the courts of each county or city not within a county or municipal court

79 clerk shall furnish the central repository, on standard forms supplied by the highway patrol or

80 in a manner approved by the highway patrol, with a record of all charges filed, including all

81 those added subsequent to the filing of a criminal court case, amended charges, and all final

82 dispositions of cases for which the central repository has a record of an arrest or a record of

83 fingerprints reported pursuant to sections 43.500 to 43.506. Such information shall include, for

84 each charge:

85   (1) All judgments of not guilty, acquittals on the ground of mental disease or defect

86 excluding responsibility, judgments or pleas of guilty including the sentence, if any, or

87 probation, if any, pronounced by the court, nolle pros, discharges, releases and dismissals in the

88 trial court;

89   (2) Court orders filed with the clerk of the courts which reverse a reported conviction

90 or vacate or modify a sentence;

91   (3) Judgments terminating or revoking a sentence to probation, supervision or

92 conditional release and any resentencing after such revocation; and

93   (4) The offense cycle number of the offense, and the originating agency identifier

94 number of the sentencing court, using such numbers as assigned by the highway patrol.

95   8. The clerk of the courts of each county or city not within a county shall furnish, to the

96 department of corrections or department of mental health, court judgment and sentence

97 documents and the state offense cycle number and the charge code of the offense which resulted

98 in the commitment or assignment of an offender to the jurisdiction of the department of

99 corrections or the department of mental health if the person is committed pursuant to chapter

100 552. This information shall be reported to the department of corrections or the department of

101 mental health at the time of commitment or assignment. If the offender was already in the

102 custody of the department of corrections or the department of mental health at the time of such

103 subsequent conviction, the clerk shall furnish notice of such subsequent conviction to the

104 appropriate department by certified mail, return receipt requested, or in a manner and format

105 mutually agreed to, within fifteen days of such disposition.

106  9. Information and fingerprints, photograph and if available, any other unique biometric

107 identification collected, forwarded to the central repository, normally obtained from a person at

108 the time of the arrest, may be obtained at any time the subject is in the criminal justice system

109 or committed to the department of mental health. A law enforcement agency or the department

110 of corrections may fingerprint, photograph, and capture any other unique biometric identification

111 of the person unless collecting other unique biometric identification of the person is not
CCS SS SCS HCS HBs 2637 & 3155  7

112 financially feasible for the law enforcement agency, and obtain the necessary information at any

113 time the subject is in custody. If at the time of any court appearance, the defendant has not been

114 fingerprinted and photographed for an offense in which a fingerprint and photograph is required

115 by statute to be collected, maintained, or disseminated by the central repository, the court shall

116 order a law enforcement agency or court marshal to fingerprint and photograph immediately the

117 defendant. The order for fingerprints shall contain the offense, charge code, date of offense, and

118 any other information necessary to complete the fingerprint card. The law enforcement agency

119 or court marshal shall submit such fingerprints, photograph, and if available, any other unique

120 biometric identification collected, to the central repository without undue delay and within thirty

121 days and shall furnish the offense cycle number associated with the fingerprints to the

122 prosecuting attorney or the circuit attorney of a city not within a county and to the court clerk

123 of the court ordering the subject fingerprinted.

124  10. The department of corrections and the department of mental health shall furnish the

125 central repository with all information concerning the receipt, escape, execution, death, release,

126 pardon, parole, commutation of sentence, granting of executive clemency, legal name change,

127 or discharge of an individual who has been sentenced to that department's custody for any

128 offenses which are mandated by law to be collected, maintained or disseminated by the central

129 repository. All records forwarded to the central repository by the department as required by

130 sections 43.500 to [43.651] 43.600 shall include the offense cycle number of the offense, and

131 the originating agency identifier number of the department using such numbers as assigned by

132 the highway patrol.

     43.506. 1. Those offenses considered reportable for the purposes of sections 43.500 to

2 [43.651] 43.600 include all felonies; class A misdemeanors; all violations for driving under the

3 influence of drugs or alcohol; any offense that can be enhanced to a class A misdemeanor or

4 higher for subsequent violations; and comparable ordinance violations consistent with the

5 reporting standards established by the National Crime Information Center, Federal Bureau of

6 Investigation, for the Federal Interstate Identification Index System; and all cases arising under

7 chapter 566. The following types of offenses shall not be considered reportable for the purposes

8 of sections 57.403, 43.500 to [43.651] 43.600, and 595.200 to 595.218: nonspecific charges of

9 suspicion or investigation, general traffic violations and all misdemeanor violations of the state

10 wildlife code. All offenses considered reportable shall be reviewed annually and noted in the

11 Missouri charge code manual established in section 43.512. All information collected pursuant

12 to sections 43.500 to [43.651] 43.600 shall be available only as set forth in section 610.120.

13   2. Law enforcement agencies, court clerks, prosecutors and custody agencies may report

14 required information by electronic medium either directly to the central repository or indirectly

15 to the central repository via other criminal justice agency computer systems in the state with the

16 approval of the highway patrol, based upon standards established by the advisory committee.
CCS SS SCS HCS HBs 2637 & 3155              8

17  3. In addition to the repository of fingerprint records for individual offenders and

18 applicants, the central repository of criminal history and identification records for the state shall

19 maintain a repository of latent prints, palm prints and other unique biometric identification

20 submitted to the repository.

    43.509. The director of the department of public safety shall, in accordance with the

2 provisions of chapter 536, establish such rules and regulations as are necessary to implement the

3 provisions of sections 43.500 to [43.651] 43.600. All collection and dissemination of criminal

4 history information shall be in compliance with chapter 610 and applicable federal laws or

5 regulations. Such rules shall relate to the collection of criminal history information from or

6 dissemination of such information to criminal justice, noncriminal justice, and private agencies

7 or citizens both in this and other states. No rule or portion of a rule promulgated under the

8 authority of sections 43.500 to [43.651] 43.600 shall become effective unless it has been

9 promulgated pursuant to the provisions of section 536.024.

    43.527. For purposes of sections 43.500 to [43.651] 43.600, all federal and nonstate of

2 Missouri agencies and persons shall pay for criminal records checks, fingerprint searches, and

3 any of the information as defined in subdivision (5) of section 43.500, when such information

4 is not related to the administration of criminal justice. There shall be no charge for information

5 supplied to criminal justice agencies for the administration of criminal justice. For purposes of

6 sections 43.500 to [43.651] 43.600, the administration of criminal justice is defined in

7 subdivision (1) of section 43.500 and shall be available only as set forth in section 610.120.

    43.530. 1. For each request requiring the payment of a fee received by the central

2 repository, the requesting entity shall pay a fee of not more than nine dollars per request for

3 criminal history record information not based on a fingerprint search. In each year beginning

4 on or after January 1, 2010, the superintendent may increase the fee paid by requesting entities

5 by an amount not to exceed one dollar per year, however, under no circumstance shall the fee

6 paid by requesting entities exceed fifteen dollars per request.

7   2. For each request requiring the payment of a fee received by the central repository, the

8 requesting entity shall pay a fee of not more than twenty dollars per request for criminal history

9 record information based on a fingerprint search, unless the request is required under the

10 provisions of subdivision (6) of section 210.481, section 210.487, or section 571.101, in which

11 case the fee shall be fourteen dollars.

12  3. A request made under subsections 1 and 2 of this section shall be limited to check and

13 search on one individual. Each request shall be accompanied by a check, warrant, voucher,

14 money order, or electronic payment payable to the state of Missouri-criminal record system or

15 payment shall be made in a manner approved by the highway patrol. The highway patrol may

16 establish procedures for receiving requests for criminal history record information for

17 classification and search for fingerprints, from courts and other entities, and for the payment of
CCS SS SCS HCS HBs 2637 & 3155                  9

18 such requests. There is hereby established by the treasurer of the state of Missouri a fund to be

19 entitled as the "Criminal Record System Fund". Notwithstanding the provisions of section

20 33.080 to the contrary, if the moneys collected and deposited into this fund are not totally

21 expended annually for the purposes set forth in sections 43.500 to [43.651] 43.600, the

22 unexpended moneys in such fund shall remain in the fund and the balance shall be kept in the

23 fund to accumulate from year to year.

    56.265. 1. The county prosecuting attorney in any county[, other than in a chartered

2 county,] shall receive an annual salary computed [using the following schedule, when applicable.

3 The assessed valuation factor shall be the amount thereof as shown for the year immediately

4 preceding the year for which the computation is done] as provided in this subsection.

5   (1) For a full-time [prosecutor] prosecuting attorney of a charter, first, or second

6 class county, or of a city not within a county, the [prosecutor] prosecuting attorney shall

7 receive compensation equal to one hundred percent of the compensation of [an associate] a

8 circuit judge[;] .

9   (2) [For a part-time prosecutor:] For a full-time prosecuting attorney of a third or

10 fourth class county, the prosecuting attorney shall receive compensation equal to one

11 hundred percent of the compensation of an associate circuit judge or, upon approval by

12 a majority of the county commission, the prosecuting attorney shall receive compensation

13 equal to ninety-five percent of the compensation of a circuit judge.

14  (3) Upon approval by a majority of the county commission, a part-time prosecuting

15 attorney shall receive compensation equal to between thirty and sixty percent of the

16 compensation of an associate circuit judge.

17

18  [Assessed Valuation                            Amount

19  $18,000,000 to 40,999,999 $37,000

20  41,000,000 to 53,999,999 38,000

21  54,000,000 to 65,999,999 39,000

22  66,000,000 to 85,999,999 41,000

23  86,000,000 to 99,999,999 43,000

24  100,000,000 to 130,999,999 45,000

25  131,000,000 to 159,999,999 47,000

26  160,000,000 to 189,999,999 49,000

27  190,000,000 to 249,999,999 51,000

28  250,000,000 to 299,999,999 53,000

29  300,000,000 or more                            55,000]

30
CCS SS SCS HCS HBs 2637 & 3155                  10

31  (4) Notwithstanding any other provision of this section to the contrary, no

32 prosecuting attorney who has held the office of prosecuting attorney prior to January 1,

33 2027, shall have their compensation lowered by the implementation of the compensation

34 procedures of this section, nor shall any prosecuting attorney have their compensation

35 lowered during their tenure of office.

36  2. Two thousand dollars of the salary shall be payable to any prosecuting attorney only

37 if the prosecuting attorney has completed at least twenty hours of classroom instruction each

38 calendar year relating to the operations of the prosecuting attorney's office when approved by

39 a professional association of the county prosecuting attorneys of Missouri unless exempted from

40 the training by the professional association. The professional association approving the program

41 shall provide a certificate of completion to each prosecuting attorney who completes the training

42 program and shall send a list of certified prosecuting attorneys to the treasurer of each county

43 or city not within a county. Expenses incurred for attending the training session may be

44 reimbursed to the prosecuting attorney in the same manner as other expenses as may be

45 appropriated for that purpose.

46  3. Each calendar year, five thousand dollars of the salary shall be payable to any

47 prosecuting attorney only if the prosecuting attorney has collected the data described in

48 subsection 2 of section 56.750 in a manner approved by the prosecutors coordinators training

49 council and makes the data described in subsection 2 of section 56.750 readily accessible to the

50 Missouri office of prosecution services. The Missouri office of prosecution services shall

51 provide a certificate of compliance to each prosecuting attorney who complies with this

52 subsection and shall send a list of any certified prosecuting attorney to the respective treasurer

53 of each county or city not within a county.

54  4. For each calendar year, three thousand dollars of the salary shall be payable to any

55 prosecuting attorney only if the prosecuting attorney has provided discovery to criminal defense

56 attorneys who have entered an appearance on behalf of a defendant in a manner approved by the

57 prosecutors coordinators training council. The Missouri office of prosecution services shall

58 provide a certificate of compliance to each prosecuting attorney who complies with this

59 subsection and shall send a list of any certified prosecuting attorney to the respective treasurer

60 of each county or city not within a county.

61  5. As used in this section, the term "prosecuting attorney" includes the circuit attorney

62 of any city not within a county.

63  6. The prosecuting attorney of any county which becomes a county of the first

64 classification during a four-year term of office or a county which passed the proposition

65 authorized by subsection 1 of section 56.363 shall not be required to devote full time to such

66 office pursuant to section 56.067 until the beginning of the prosecuting attorney's next term of

67 office or until the proposition otherwise becomes effective.
CCS SS SCS HCS HBs 2637 & 3155  11

68  7. Notwithstanding any other provision of law to the contrary, any county with a

69 vacancy in the office of prosecuting attorney for more than sixty days may consolidate with

70 one contiguous county with a sitting prosecuting attorney upon a unanimous vote of the

71 county commissions of such counties to establish a cooperative regional prosecuting

72 attorney's office at any time. The prosecuting attorney of the contiguous county shall then

73 become the prosecuting attorney of that region for the remainder of that prosecuting

74 attorney's term of office or until such time as the governor appoints a prosecuting attorney

75 to fill the vacant prosecuting attorney position pursuant to section 105.030. Regional

76 prosecuting attorneys shall be designated as full-time prosecuting attorneys and shall be

77 compensated in the manner provided under the provisions of subdivision (2) of subsection

78 1 of this section. No two counties that each have sitting prosecuting attorneys shall be

79 permitted to consolidate in the manner described in this section.

80  8. The provisions of section 56.066 shall not apply to full-time prosecutors who are

81 compensated pursuant to subdivision (1) of subsection 1 of this section.

82  9. (1) There is hereby created in the state treasury the "Missouri State

83 Prosecutorial Services Grant Fund", which shall consist of moneys appropriated by the

84 general assembly.

85  (2) The state treasurer shall be custodian of the fund. In accordance with sections

86 30.170 and 30.180, the state treasurer may approve disbursements. The fund shall be a

87 dedicated fund and, upon appropriation, moneys in this fund shall be used solely as

88 provided in this section and shall be allocated to counties of the third and fourth

89 classification on the basis of need in order for such counties to be in compliance with the

90 prosecuting attorney compensation provisions of this section.

91  (3) Notwithstanding the provisions of section 33.080 to the contrary, any moneys

92 remaining in the fund at the end of the biennium shall not revert to the credit of the

93 general revenue fund.

94  (4) The state treasurer shall invest moneys in the fund in the same manner as other

95 funds are invested. Any interest and moneys earned on such investments shall be credited

96 to the fund.

    57.540. 1. The sheriff of the City of St. Louis may employ an attorney at law to aid and

2 advise him in the discharge of his duties and to represent him in court[, which said attorney shall

3 be known as "sheriff's attorney", and who shall receive as compensation for his services as such

4 sheriff's attorney a sum of not less than three thousand dollars and not more than fifteen

5 thousand dollars per annum, payable in semimonthly installments]. The sheriff shall set the

6 compensation for an attorney hired pursuant to this section and such compensation shall

7 be paid out of the same funds and revenue as the sheriff of such city is paid.
CCS SS SCS HCS HBs 2637 & 3155                 12

8   2. The attorney employed by a sheriff pursuant to subsection 1 of this section shall

9 be employed at the pleasure of the sheriff.

           [211.021. As used in this chapter, unless the context clearly requires

2   otherwise, the following terms shall mean:

3          (1) "Adult" [means], a person eighteen years of age or older;

4          (2) "Child" [means], any person under eighteen years of age;

5          (3) "Juvenile court" [means], the juvenile division or divisions of the

6   circuit court of the county, or judges while hearing juvenile cases assigned to

7   them;

8          (4) "Juvenile detention facility", a place for the temporary care

9   of a juvenile in judicial custody in a proceeding under subdivision (2) or

10  (3) of subsection 1 of section 211.031 and includes a place that is

11  physically confining, but does not include a jail or other adult detention

12  facility unless the juvenile is seventeen years of age or older or unless the

13  juvenile detention facility is operated, administered, and staffed

14  separately and independently of a jail or other adult detention facility and

15  used exclusively for the lawful custody and treatment of juveniles. A

16  juvenile detention facility may be located in the same building or grounds

17  as a jail or other adult detention facility if there is spatial separation

18  between the facilities which prevents haphazard or accidental contact

19  between juvenile and adult detainees; there is separation between juvenile

20  and adult program activities; and there are separate juvenile and adult

21  staff other than specialized support staff who have infrequent contact

22  with detainees. The facility may be owned or operated by public or

23  private agencies;

24         (5) "Legal custody" [means], the right to the care, custody and control

25  of a child and the duty to provide food, clothing, shelter, ordinary medical

26  care, education, treatment and discipline of a child. Legal custody may be

27  taken from a parent only by court action and if the legal custody is taken from

28  a parent without termination of parental rights, the parent's duty to provide

29  support continues even though the person having legal custody may provide

30  the necessities of daily living;

31         [(5)] (6) "Parent" [means], either a natural parent or a parent by

32  adoption and if the child is illegitimate, "parent" means the mother;

33         [(6)] (7) "Shelter care" [means], the temporary care of juveniles in

34  physically unrestricting facilities pending final court disposition. These

35  facilities may include:

36         (a) "Foster home", the private home of foster parents providing

37  twenty-four-hour care to one to three children unrelated to the foster parents

38  by blood, marriage or adoption;

39         (b) "Group foster home", the private home of foster parents providing

40  twenty-four-hour care to no more than six children unrelated to the foster

41  parents by blood, marriage or adoption;
CCS SS SCS HCS HBs 2637 & 3155                  13

42  (c) "Group home", a child care facility which approximates a family

43  setting, provides access to community activities and resources, and provides

44  care to no more than twelve children.]

    211.021. As used in this chapter, unless the context clearly requires otherwise, the

2 following terms shall mean:

3   (1) "Adult" [means], a person eighteen years of age or older;

4   (2) "Child" [means], any person under eighteen years of age;

5   (3) "Juvenile court" [means], the juvenile division or divisions of the circuit court of the

6 county, or judges while hearing juvenile cases assigned to them;

7   (4) "Juvenile detention facility", a place for the temporary care of a juvenile in

8 judicial custody in a proceeding under subdivision (2) or (3) of subsection 1 of section

9 211.031 and includes a place that is physically confining, but does not include a jail or

10 other adult detention facility unless the juvenile is eighteen years of age or older or unless

11 the juvenile detention facility is operated, administered, and staffed separately and

12 independently of a jail or other adult detention facility and used exclusively for the lawful

13 custody and treatment of juveniles. A juvenile detention facility may be located in the

14 same building or grounds as a jail or other adult detention facility if there is spatial

15 separation between the facilities which prevents haphazard or accidental contact between

16 juvenile and adult detainees; there is separation between juvenile and adult program

17 activities; and there are separate juvenile and adult staff other than specialized support

18 staff who have infrequent contact with detainees. The facility may be owned or operated

19 by public or private agencies;

20  (5) "Legal custody" [means] , the right to the care, custody and control of a child and

21 the duty to provide food, clothing, shelter, ordinary medical care, education, treatment and

22 discipline of a child. Legal custody may be taken from a parent only by court action and if the

23 legal custody is taken from a parent without termination of parental rights, the parent's duty to

24 provide support continues even though the person having legal custody may provide the

25 necessities of daily living;

26  [(5)] (6) "Parent" [means] , either a natural parent or a parent by adoption and if the child

27 is illegitimate, "parent" means the mother;

28  [(6)] (7) "Shelter care" [means], the temporary care of juveniles in physically

29 unrestricting facilities pending final court disposition. These facilities may include:

30  (a) "Foster home", the private home of foster parents providing twenty-four-hour care

31 to one to three children unrelated to the foster parents by blood, marriage or adoption;

32  (b) "Group foster home", the private home of foster parents providing twenty-four-hour

33 care to no more than six children unrelated to the foster parents by blood, marriage or adoption;
CCS SS SCS HCS HBs 2637 & 3155          14

34  (c) "Group home", a child care facility which approximates a family setting, provides

35 access to community activities and resources, and provides care to no more than twelve children.

    [211.071. 1. (1) If a petition or motion to modify alleges that a child

2   between the ages of fourteen and eighteen has committed an offense that

3   would be considered a class A or B felony, felony under chapter 566, or

4   three felony offenses arising from distinct acts committed within one

5   hundred eighty days of each other, if committed by an adult, the court may,

6   upon its own motion or upon motion by the juvenile officer, the office of the

7   prosecuting or circuit attorney, the child, or the child's custodian, order a

8   hearing at which the prosecuting or circuit attorney may present evidence

9   if the prosecuting or circuit attorney filed the petition, and may, in its

10  discretion, dismiss the petition or motion to modify and such child may be

11  transferred to the court of general jurisdiction and prosecuted under the

12  general law; except that, if a petition alleges that a child between the ages of

13  twelve and eighteen has committed an offense that would be considered first

14  degree murder under section 565.020, second degree murder under section

15  565.021, first degree assault under section 565.050, forcible rape under section

16  566.030 as it existed prior to August 28, 2013, rape in the first degree under

17  section 566.030, forcible sodomy under section 566.060 as it existed prior to

18  August 28, 2013, sodomy in the first degree under section 566.060, first

19  degree robbery under section 569.020 as it existed prior to January 1, 2017,

20  robbery in the first degree under section 570.023, distribution of drugs under

21  section 195.211 as it existed prior to January 1, 2017, or the manufacturing of

22  a controlled substance under section 579.055, if committed by an adult, or a

23  dangerous felony as defined in section 556.061, or any felony involving the

24  use, assistance, or aid of a deadly weapon, or has committed two or more prior

25  unrelated offenses that would be felonies if committed by an adult, the court

26  shall order a hearing, and may, in its discretion, dismiss the petition or motion

27  to modify and transfer the child to a court of general jurisdiction for

28  prosecution under the general law.

29  (2) The moving party shall be solely responsible for all duties

30  enumerated under this section. If the juvenile officer forwards to the

31  prosecuting or circuit attorney a class A or B felony that is not certified

32  by the juvenile officer, the prosecuting or circuit attorney shall notify the

33  juvenile officer within fourteen days of the decision to certify the case.

34  2. Upon apprehension and arrest, jurisdiction over the criminal offense

35  allegedly committed by any person between eighteen and twenty-one years of

36  age over whom the juvenile court has retained continuing jurisdiction shall

37  automatically terminate and that offense shall be dealt with in the court of

38  general jurisdiction as provided in section 211.041.

39  3. Knowing and willful age misrepresentation by a juvenile subject

40  shall not affect any action or proceeding which occurs based upon the

41  misrepresentation. Any evidence obtained during the period of time in which
CCS SS SCS HCS HBs 2637 & 3155  15

42  a child misrepresents his or her age may be used against the child and will be

43  subject only to rules of evidence applicable in adult proceedings.

44  4. Written notification of a transfer hearing shall be given to the

45  juvenile and his or her custodian in the same manner as provided in sections

46  211.101 and 211.111. Notice of the hearing may be waived by the custodian.

47  Notice shall contain a statement that the purpose of the hearing is to determine

48  whether the child is a proper subject to be dealt with under the provisions of

49  this chapter, and that if the court finds that the child is not a proper subject to

50  be dealt with under the provisions of this chapter, the petition or motion to

51  modify will be dismissed to allow for prosecution of the child under the

52  general law.

53  5. The juvenile officer [may] shall consult with the office of

54  prosecuting or circuit attorney concerning any offense for which the child

55  could be certified as an adult under this section. The prosecuting or circuit

56  attorney shall [have access to] be provided police reports, reports of the

57  juvenile or deputy juvenile officer, statements of witnesses, a copy of the

58  completed Missouri Juvenile Detention Assessment Form (JDTA) or

59  similar form that was used in determining detention, and all other records

60  or reports relating to the offense alleged to have been committed by the child.

61  The prosecuting or circuit attorney shall have access to the disposition records

62  of the child when the child has been adjudicated pursuant to subdivision (3)

63  of subsection 1 of section 211.031. The prosecuting or circuit attorney shall

64  not divulge any information regarding the child and the offense until the

65  juvenile court at a judicial hearing has determined that the child is not a proper

66  subject to be dealt with under the provisions of this chapter. Any sanction

67  recommended as a result of the JDTA shall be used as a guideline and

68  shall not be mandatory.

69  6. In every incident, the juvenile officer shall consider legally

70  sufficient charges submitted by a law enforcement agency when utilizing

71  the JDTA form to determine whether or not to detain a child and shall

72  provide a copy of that completed JDTA form to the law enforcement

73  agency once a determination has been made. For purposes of this section,

74  the term "legally sufficient" means a reasonable belief with articulable

75  facts that a crime has been or is being committed based on the totality of

76  the circumstances.

77  7. Notwithstanding any other provision of law or the Missouri

78  supreme court operating rules to the contrary, law enforcement agencies

79  who detain juveniles for offenses where fingerprinting is required, shall

80  collect fingerprints and forward detention information to the central

81  repository, in a manner prescribed by the central repository. The

82  juvenile officer and court of jurisdiction over the juvenile offender shall

83  report all adjudication, delinquency, and custody information to the

84  central repository, in a manner prescribed by the central repository. All

85  information reported under this section shall be available to criminal
CCS SS SCS HCS HBs 2637 & 3155           16

86   justice agencies for the administration of criminal justice under section

87   43.500 through the Missouri Uniform Law Enforcement System

88   (MULES). Such records maintained by the central repository under this

89   subsection shall be closed pursuant to section 610.120.

90   8. A written report shall be prepared in accordance with this chapter

91   developing fully all available information relevant to the criteria which shall

92   be considered by the court in determining whether the child is a proper subject

93   to be dealt with under the provisions of this chapter and whether there are

94   reasonable prospects of rehabilitation within the juvenile justice system.

95   These criteria shall include but not be limited to:

96   (1) The seriousness of the offense alleged and whether the protection

97   of the community requires transfer to the court of general jurisdiction;

98   (2) Whether the offense alleged involved viciousness, force and

99   violence;

100  (3) Whether the offense alleged was against persons or property with

101  greater weight being given to the offense against persons, especially if

102  personal injury resulted;

103  (4) Whether the offense alleged is a part of a repetitive pattern of

104  offenses which indicates that the child may be beyond rehabilitation under the

105  juvenile code;

106  (5) The record and history of the child, including experience with the

107  juvenile justice system, other courts, supervision, commitments to juvenile

108  institutions and other placements;

109  (6) The sophistication and maturity of the child as determined by

110  consideration of his or her home and environmental situation, emotional

111  condition and pattern of living;

112  (7) The age of the child;

113  (8) The program and facilities available to the juvenile court in

114  considering disposition;

115  (9) Whether or not the child can benefit from the treatment or

116  rehabilitative programs available to the juvenile court; and

117  (10) Racial disparity in certification.

118  [7.] 9. If the court dismisses the petition to permit the child to be

119  prosecuted under the general law, the court shall enter a dismissal order

120  containing:

121  (1) Findings showing that the court had jurisdiction of the cause and

122  of the parties;

123  (2) Findings showing that the child was represented by counsel;

124  (3) Findings showing that the hearing was held in the presence of the

125  child and his or her counsel; and

126  (4) Findings showing the reasons underlying the court's decision to

127  transfer jurisdiction.

128  [8.] 10. A copy of the petition or motion to modify and order of the

129  dismissal shall be sent to the prosecuting attorney.
CCS SS SCS HCS HBs 2637 & 3155  17

130  [9.] 11. When a petition or motion to modify has been dismissed

131  thereby permitting a child to be prosecuted under the general law and the

132  prosecution of the child results in a conviction, the jurisdiction of the juvenile

133  court over that child is forever terminated, except as provided in subsection

134  [10] 12 of this section, for an act that would be a violation of a state law or

135  municipal ordinance.

136  [10.] 12. If a petition or motion to modify has been dismissed thereby

137  permitting a child to be prosecuted under the general law and the child is

138  found not guilty by a court of general jurisdiction, the juvenile court shall

139  have jurisdiction over any later offense committed by that child which would

140  be considered a misdemeanor or felony if committed by an adult, subject to

141  the certification provisions of this section.

142  [11.] 13. If the court does not dismiss the petition or motion to modify

143  to permit the child to be prosecuted under the general law, it shall set a date

144  for the hearing upon the petition as provided in section 211.171.]

              211.071. 1. (1) If a petition or motion to modify alleges that a child between the ages
 2 of fourteen and eighteen has committed an offense that would be considered a class A or B
 3 felony, felony under chapter 566, or three felony offenses arising from distinct acts
 4 committed within one hundred eighty days of each other, if committed by an adult, the court
 5 may, upon its own motion or upon motion by the juvenile officer, the office of the prosecuting
 6 or circuit attorney, the child, or the child's custodian, order a hearing at which the prosecuting
 7 or circuit attorney may present evidence if the prosecuting or circuit attorney filed the
 8 motion, and may, in its discretion, dismiss the petition or motion to modify and such child may
 9 be transferred to the court of general jurisdiction and prosecuted under the general law; except
10 that, if a petition alleges that a child between the ages of twelve and eighteen has committed an
11 offense that would be considered first degree murder under section 565.020, second degree
12 murder under section 565.021, first degree assault under section 565.050, forcible rape under
13 section 566.030 as it existed prior to August 28, 2013, rape in the first degree under section
14 566.030, forcible sodomy under section 566.060 as it existed prior to August 28, 2013, sodomy
15 in the first degree under section 566.060, first degree robbery under section 569.020 as it existed
16 prior to January 1, 2017, robbery in the first degree under section 570.023, distribution of drugs
17 under section 195.211 as it existed prior to January 1, 2017, or the manufacturing of a controlled
18 substance under section 579.055, if committed by an adult, or a dangerous felony as defined in
19 section 556.061, or any felony involving the use, assistance, or aid of a deadly weapon, or has
20 committed two or more prior unrelated offenses that would be felonies if committed by an adult,
21 the court shall order a hearing, and may, in its discretion, dismiss the petition or motion to
22 modify and transfer the child to a court of general jurisdiction for prosecution under the general
23 law.
CCS SS SCS HCS HBs 2637 & 3155  18

24  (2) The moving party shall be solely responsible for all duties enumerated under

25 this section. If the juvenile officer forwards to the prosecuting or circuit attorney a class

26 A or B felony that is not certified by the juvenile officer, the prosecuting or circuit attorney

27 shall notify the juvenile officer within fourteen days of the decision to certify the case.

28 Should certification be sought, the prosecuting attorney shall have no more than fourteen

29 days to file such motion.

30  2. Upon apprehension and arrest, jurisdiction over the criminal offense allegedly

31 committed by any person between eighteen and twenty-one years of age over whom the juvenile

32 court has retained continuing jurisdiction shall automatically terminate and that offense shall be

33 dealt with in the court of general jurisdiction as provided in section 211.041.

34  3. Knowing and willful age misrepresentation by a juvenile subject shall not affect any

35 action or proceeding which occurs based upon the misrepresentation. Any evidence obtained

36 during the period of time in which a child misrepresents his or her age may be used against the

37 child and will be subject only to rules of evidence applicable in adult proceedings.

38  4. Written notification of a transfer hearing shall be given to the juvenile and his or her

39 custodian in the same manner as provided in sections 211.101 and 211.111. Notice of the

40 hearing may be waived by the custodian. Notice shall contain a statement that the purpose of

41 the hearing is to determine whether the child is a proper subject to be dealt with under the

42 provisions of this chapter, and that if the court finds that the child is not a proper subject to be

43 dealt with under the provisions of this chapter, the petition or motion to modify will be dismissed

44 to allow for prosecution of the child under the general law.

45  5. The juvenile officer [may] shall consult with the office of prosecuting or circuit

46 attorney concerning any offense for which the child could be certified as an adult under this

47 section. The prosecuting or circuit attorney shall [have access to] be provided police reports,

48 reports of the juvenile or deputy juvenile officer, statements of witnesses, a copy of the

49 completed Missouri Juvenile Detention Assessment Form (JDTA) or similar form that was

50 used in determining detention, and all other records or reports relating to the offense alleged

51 to have been committed by the child. The prosecuting or circuit attorney shall have access to

52 the disposition records of the child when the child has been adjudicated pursuant to subdivision

53 (3) of subsection 1 of section 211.031. The prosecuting or circuit attorney shall not divulge any

54 information regarding the child and the offense until the juvenile court at a judicial hearing has

55 determined that the child is not a proper subject to be dealt with under the provisions of this

56 chapter. Any recommendation as a result of the JDTA shall be used as a guideline and shall

57 not be mandatory.

58  6. In every incident, the juvenile officer shall consider legally sufficient charges

59 submitted by a law enforcement agency when utilizing the JDTA form to determine

60 whether or not to detain a child and shall provide a copy of that completed JDTA form to
CCS SS SCS HCS HBs 2637 & 3155               19

61 the law enforcement agency once a determination has been made. For purposes of this

62 section, the term "legally sufficient" means a reasonable belief with articulable facts that

63 a crime has been or is being committed based on the totality of the circumstances.

64  7. Notwithstanding any other provision of law or the Missouri supreme court

65 operating rules to the contrary, law enforcement agencies who detain juveniles for offenses

66 where fingerprinting is required, shall collect fingerprints and forward detention

67 information to the central repository, in a manner prescribed by the central repository.

68 The juvenile officer and court of jurisdiction over the juvenile offender shall report all

69 adjudication, delinquency, and custody information to the central repository, in a manner

70 prescribed by the central repository. All information reported under this section shall be

71 available to criminal justice agencies for the administration of criminal justice under

72 section 43.500 through the Missouri Uniform Law Enforcement System (MULES). Such

73 records maintained by the central repository under this subsection shall be closed pursuant

74 to section 610.120.

75  8. A written report shall be prepared in accordance with this chapter developing fully

76 all available information relevant to the criteria which shall be considered by the court in

77 determining whether the child is a proper subject to be dealt with under the provisions of this

78 chapter and whether there are reasonable prospects of rehabilitation within the juvenile justice

79 system. These criteria shall include but not be limited to:

80  (1) The seriousness of the offense alleged and whether the protection of the community

81 requires transfer to the court of general jurisdiction;

82  (2) Whether the offense alleged involved viciousness, force and violence;

83  (3) Whether the offense alleged was against persons or property with greater weight

84 being given to the offense against persons, especially if personal injury resulted;

85  (4) Whether the offense alleged is a part of a repetitive pattern of offenses which

86 indicates that the child may be beyond rehabilitation under the juvenile code;

87  (5) The record and history of the child, including experience with the juvenile justice

88 system, other courts, supervision, commitments to juvenile institutions and other placements;

89  (6) The sophistication and maturity of the child as determined by consideration of his

90 or her home and environmental situation, emotional condition and pattern of living;

91  (7) The age of the child;

92  (8) The program and facilities available to the juvenile court in considering disposition;

93  (9) Whether or not the child can benefit from the treatment or rehabilitative programs

94 available to the juvenile court; and

95  (10) Racial disparity in certification.

96  [7.] 9. If the court dismisses the petition to permit the child to be prosecuted under the

97 general law, the court shall enter a dismissal order containing:
CCS SS SCS HCS HBs 2637 & 3155                     20

98   (1) Findings showing that the court had jurisdiction of the cause and of the parties;

99   (2) Findings showing that the child was represented by counsel;

100  (3) Findings showing that the hearing was held in the presence of the child and his or

101 her counsel; and

102  (4) Findings showing the reasons underlying the court's decision to transfer jurisdiction.

103  [8.] 10. A copy of the petition or motion to modify and order of the dismissal shall be

104 sent to the prosecuting attorney.

105  [9.] 11. When a petition or motion to modify has been dismissed thereby permitting a

106 child to be prosecuted under the general law and the prosecution of the child results in a

107 conviction, the jurisdiction of the juvenile court over that child is forever terminated, except as

108 provided in subsection [10] 12 of this section, for an act that would be a violation of a state law

109 or municipal ordinance.

110  [10.] 12. If a petition or motion to modify has been dismissed thereby permitting a child

111 to be prosecuted under the general law and the child is found not guilty by a court of general

112 jurisdiction, the juvenile court shall have jurisdiction over any later offense committed by that

113 child which would be considered a misdemeanor or felony if committed by an adult, subject to

114 the certification provisions of this section.

115  [11.] 13. If the court does not dismiss the petition or motion to modify to permit the

116 child to be prosecuted under the general law, it shall set a date for the hearing upon the petition

117 as provided in section 211.171.

     211.319. 1. On or before July 1, 2005, all juvenile court proceedings conducted

2 pursuant to subdivision (1) of subsection 1 of section 211.031 and for termination of parental

3 rights cases pursuant to sections 211.442 to 211.487 initiated by a juvenile officer or the division

4 shall be open to the public; except that, when the parent has consented in writing to the

5 termination of his or her parental rights in conjunction with a placement with a licensed child-

6 placing agency under subsection 6 of section 453.010, the hearing shall be closed. The court,

7 on its own motion, may exclude for good cause shown any person or persons from the

8 proceedings to protect the welfare and best interests of the child and for exceptional

9 circumstances. Any party to a juvenile court proceeding referred to in this subsection, except

10 the state, may file a motion requesting that the general public be excluded from the proceeding

11 or any portion of the proceeding. Upon the filing of such motion, the court shall hear arguments

12 by the parties, but no evidence, and shall make a determination whether closure is in the best

13 interest of the parties or whether it is in the public interest to deny such motion. The court shall

14 make a finding on the record when a motion to close a hearing pursuant to this section is made

15 and heard by the court.

16   2. Notwithstanding the provisions of subsection 1 of this section, the general public shall

17 be excluded from all juvenile court proceedings referred to in subsection 1 of this section during
CCS SS SCS HCS HBs 2637 & 3155           21

18 the testimony of any child or victim and only such persons who have a direct interest in the case

19 or in the work of the court will be admitted to the proceedings.

20  3. For juvenile court proceedings described in subsection 1 of this section, pleadings and

21 orders of the juvenile court other than confidential files and those specifically ordered closed by

22 the juvenile court judge shall be open to the general public. For purposes of this section,

23 "confidential file" means all other records and reports considered closed or confidential by law,

24 including but not limited to medical reports, psychological or psychiatric evaluations,

25 investigation reports of the children's division, social histories, home studies, and police reports

26 and law enforcement records. Only persons who are found by the court to have a legitimate

27 interest shall be allowed access to confidential or closed files. In determining whether a person

28 has a legitimate interest, the court shall consider the nature of the proceedings, the welfare and

29 safety of the public, and the interest of any child involved.

30  4. For records made available to the public pursuant to this section:

31  (1) The identity of any child involved except the perpetrator shall not be disclosed and

32 all references in such records to the identity of any child involved except the perpetrator shall

33 be redacted prior to disclosure to the public; and

34  (2) All information that may identify or lead to the disclosure of the identity of a reporter

35 of child abuse under sections 210.109 to 210.183 and section 352.400 shall not be disclosed to

36 the public.

37  5. All juvenile court proceedings conducted pursuant to subdivision (3) of

38 subsection 1 of section 211.031 shall not be open to the general public.

39  6. The provisions of this section shall apply to juvenile court proceedings and records

40 specified in this section in which the initial pleadings are filed on or after July 1, 2005.

                [211.331. 1. In each county of the first and second classifications and

2   in [the city of St. Louis] any city not within a county, it is the duty of the

3   county [commission, or, where there is no county commission, such other

4   authorized] governing body, to provide a place of juvenile detention [for

5   children coming within the provisions of this chapter] or juvenile detention

6   facility. It is also the duty of the county [commission or other authorized]

7   governing body to provide offices for the personnel of the juvenile court.

8               2. The place of juvenile detention or juvenile detention facility shall

9   be so located and arranged that the child being detained does not come in

10  contact, at any time or in any manner, with adults convicted or under arrest,

11  and the care of children in detention shall approximate as closely as possible

12  the care of children in good homes.

13              3. The place of juvenile detention or juvenile detention facility shall

14  be in charge of a superintendent. The judge of the juvenile court or the family

15  court administrator, if provided by local rule, shall appoint and fix the

16  compensation and maintenance of the superintendent and of any assistants or
CCS SS SCS HCS HBs 2637 & 3155      22

17  other personnel required to operate the detention facility. Such compensation

18  and maintenance are payable out of funds of the county.

19  4. The county [commission or other] governing body [of the county]

20  is authorized to lease or to acquire by purchase, gift or devise land for such

21  purpose, and to erect buildings thereon and to provide funds to equip and

22  maintain the same for the subsistence and education of the children placed

23  therein.]

    211.331. 1. In each county of the first and second classifications and in [the city of St.

2 Louis] any city not within a county, it is the duty of the county [commission, or, where there

3 is no county commission, such other authorized] governing body[,] to provide a place of

4 juvenile detention [for children coming within the provisions of this chapter] or juvenile

5 detention facility. It is also the duty of the county [commission or other authorized] governing

6 body to provide offices for the personnel of the juvenile court.

7   2. The place of juvenile detention or juvenile detention facility shall be so located and

8 arranged that the child being detained does not come in contact, at any time or in any manner,

9 with adults convicted or under arrest, and the care of children in detention shall approximate as

10 closely as possible the care of children in good homes.

11  3. The place of juvenile detention or juvenile detention facility shall be in charge of

12 a superintendent. The judge of the juvenile court or the family court administrator, if provided

13 by local rule, shall appoint and fix the compensation and maintenance of the superintendent and

14 of any assistants or other personnel required to operate the detention facility. Such

15 compensation and maintenance are payable out of funds of the county.

16  4. The county [commission or other] governing body [of the county] is authorized to

17 lease or to acquire by purchase, gift or devise land for such purpose, and to erect buildings

18 thereon and to provide funds to equip and maintain the same for the subsistence and education

19 of the children placed therein.

    [211.341. 1. [Counties of the third and fourth classes within one

2   judicial circuit, shall,] Upon the written recommendation of the [circuit]

3   presiding judge of that judicial circuit, or upon written notice from the

4   county governing body to the presiding judge of approval of ordinances,

5   orders, or resolutions authorizing a juvenile detention facility by all

6   counties within that judicial circuit and the agreement provided in section

7   211.342, counties of the third and fourth classes within one judicial circuit

8   shall establish a place of juvenile detention or juvenile detention facility to

9   serve all of the counties within that judicial circuit, and in like manner, the

10  counties shall supply offices for the juvenile officers of that circuit.

11  2. The recommendation of the [circuit] presiding judge provided in

12  subsection 1 of this section shall be made only after a hearing conducted by

13  [him] the judge, after thirty days' notice, to determine the need and feasibility

14  of establishing such a place of juvenile detention or juvenile detention
CCS SS SCS HCS HBs 2637 & 3155             23

15  facility within the judicial circuit.

16  3. The provisions of section 211.331 apply as to the form of operation

17  and means of maintenance of the place of juvenile detention or juvenile

18  detention facility, except that the total cost of establishment and operation of

19  the places of juvenile detention or juvenile detention facilities shall be

20  prorated among the several counties within that judicial circuit upon a ratio to

21  be determined by a comparison of the respective populations of the counties.

22  The point of location of the place of juvenile detention or juvenile detention

23  facility shall be determined by the [circuit] presiding judge of the judicial

24  circuit or pursuant to an agreement established by section 211.342.

25  [2. Circuit judges of any two or more adjoining judicial circuits after

26  a hearing as provided in subsection 1 may, by agreement confirmed by

27  judicial order, and] 4. In the interest of economy of administration, after a

28  hearing as provided in subsection 2 of this section, the presiding judges

29  of any two or more adjoining judicial circuit may establish one place of

30  juvenile detention or juvenile detention facility to serve their respective

31  judicial circuits, by agreement confirmed by judicial order. In such event,

32  the [circuit] presiding judges so agreeing shall jointly govern the affairs of the

33  place of juvenile detention or juvenile detention facility and the cost thereof

34  shall be apportioned among the counties served in the manner provided for in

35  subsection 1 of this section.

36  [3.] 5. Any county of the third or fourth class desiring to provide its

37  own place of juvenile detention or juvenile detention facility may do so in

38  the manner prescribed for counties of the first and second classes.]

    211.341. 1. [Counties of the third and fourth classes within one judicial circuit, shall,]

2 Upon the written recommendation of the [circuit] presiding judge of [that] a judicial circuit, or

3 upon written notice from the county governing body to the presiding judge of approval of

4 ordinances, orders, or resolutions authorizing a juvenile detention facility by all counties

5 within that judicial circuit and the agreement provided in section 211.342, counties of the

6 third and fourth classes within one judicial circuit shall establish a place of juvenile detention

7 or juvenile detention facility to serve all of the counties within that judicial circuit, and in like

8 manner, the counties shall supply offices for the juvenile officers of that circuit.

9   2. The recommendation of the [circuit] presiding judge provided in subsection 1 of

10 this section shall be made only after a hearing conducted by [him] the judge, after thirty days'

11 notice, to determine the need and feasibility of establishing such a place of juvenile detention

12 or juvenile detention facility within the judicial circuit.

13  3. The provisions of section 211.331 apply as to the form of operation and means of

14 maintenance of the place of juvenile detention or juvenile detention facility, except that the

15 total cost of establishment and operation of the places of juvenile detention or juvenile

16 detention facilities shall be prorated among the several counties within that judicial circuit upon
CCS SS SCS HCS HBs 2637 & 3155                    24

17 a ratio to be determined by a comparison of the respective populations of the counties. The point

18 of location of the place of juvenile detention or juvenile detention facility shall be determined

19 by the [circuit] presiding judge of the judicial circuit or pursuant to an agreement established

20 by section 211.342.

21  [2. Circuit judges of any two or more adjoining judicial circuits after a hearing as

22 provided in subsection 1 may, by agreement confirmed by judicial order, and] 4. In the interest

23 of economy of administration, after a hearing as provided in subsection 2 of this section, the

24 presiding judges of any two or more adjoining judicial circuits may establish one place of

25 juvenile detention or juvenile detention facility to serve their respective judicial circuits, by

26 agreement confirmed by judicial order. In such event, the [circuit] presiding judges so

27 agreeing shall jointly govern the affairs of the place of juvenile detention or juvenile detention

28 facility and the cost thereof shall be apportioned among the counties served in the manner

29 provided for in subsection 1 of this section.

30  [3.] 5. Any county of the third or fourth class desiring to provide its own place of

31 juvenile detention or juvenile detention facility may do so in the manner prescribed for

32 counties of the first and second classes.

              [211.342. 1. (1) In coordination with each other, the governing

2   bodies of the counties within the same judicial circuit may establish a

3   juvenile detention facility to serve the judicial circuit.

4   (2) The governing body of each county desiring to coordinate a

5   juvenile detention facility under this subsection shall approve an

6   ordinance, order, or resolution authorizing a juvenile detention facility

7   within one of the counties and shall approve an agreement between all

8   counties within the same judicial circuit, as specified by subsection 4 of

9   this section.

10  2. (1) In coordination with each other, the governing bodies of the

11  counties in adjoining judicial circuits may establish a juvenile detention

12  facility to serve the judicial circuits.

13  (2) The governing body of each county desiring to coordinate a

14  juvenile detention facility under this subsection shall approve an

15  ordinance, order, or resolution authorizing a juvenile detention facility

16  within one of the counties and shall approve an agreement between all

17  counties within each judicial circuit, as specified by subsection 4 of this

18  section.

19  3. The governing body of each county desiring to coordinate a

20  juvenile detention facility under subsection 1 or 2 of this section shall

21  notify the presiding judge of the judicial circuit or each judicial circuit of

22  the authorization of a juvenile detention facility. The notice shall include

23  the authorizing ordinance, order, or resolution of each county and the
CCS SS SCS HCS HBs 2637 & 3155   25

24  approved agreement, as specified in subsection 4 of this section.

25  4. The agreement that specifies the duties of each county shall

26  contain the following:

27  (1) The total cost of establishment and operation of the places of

28  detention;

29  (2) The prorated formula for the calculation of each county's

30  contribution to the costs of a juvenile detention facility based upon a ratio

31  of the respective populations of the counties;

32  (3) The methods and powers that may be used for constructing,

33  leasing, or financing a juvenile detention facility;

34  (4) The use of the sales tax as authorized by subsection 6 of this

35  section; and

36  (5) The point of location of the place of juvenile detention facility.

37  5. Subsection 3 and 4 of section 211.331 shall apply to a juvenile

38  detention facility authorized pursuant to this section. The operation and

39  support of a juvenile detention facility authorized pursuant to this section

40  shall be regulated in accordance with the rules and standards of the

41  Missouri supreme court under the governance of the presiding judge of

42  the judicial circuit. If the counties of adjoining judicial circuits have

43  authorized a juvenile detention facility pursuant to this section, the

44  presiding judges shall jointly govern the affairs of the juvenile detention

45  facility.

46  6. (1) The counties authorizing a juvenile detention facility

47  pursuant to this section may impose, by order, a sales tax up to one

48  percent on all retail sales made in such counties which are subject to

49  taxation pursuant to the provisions of sections 144.010 to 144.525 for the

50  purpose of providing a juvenile detention facility. The tax authorized by

51  this section shall be in addition to any and all other sales taxes allowed by

52  law, except that no order imposing a sales tax pursuant to this section

53  shall be effective unless the governing body, for each county in the

54  judicial circuit or circuits submits to the voters of the county, on any

55  election date authorized in chapter 115, a proposal to authorize the

56  governing body of the county to impose a tax.

57  (2) The ballot of submission shall contain, but need not be limited

58  to, the following language:

59                Shall the (counties' names) impose a region-

60  wide sales tax of ______ (insert amount) for the

61  purpose of providing a juvenile detention facility

62  within in the jurisdiction of (judicial circuit's name
CCS SS SCS HCS HBs 2637 & 3155     26

63   or judicial circuits' name)?

64

65             9 YES                   9 NO

66

67             If you are in favor of the question, place an

68   "X" in the box opposite "YES". If you are opposed

69   to the question, place an "X" in the box opposite

70   "NO".

71

72

73   If a majority of the votes cast on the proposal by the qualified voters of

74   the county voting thereon are in favor of the proposal, then the order and

75   any amendment to such order shall be in effect on the first day of the

76   second quarter immediately following the election approving the

77   proposal. If the proposal receives less than the required majority, the

78   governing body of the county shall have no power to impose the sales tax

79   authorized pursuant to this section unless and until the governing body

80   of the county shall again have submitted another proposal to authorize

81   the county commission, or authorized body, to impose the sales tax

82   authorized by this section and such proposal is approved by the required

83   majority of the qualified voters of the county commission, or authorized

84   body, voting on such proposal; however, in no event shall a proposal

85   pursuant to this section be submitted to the voters sooner than twelve

86   months from the date of the last submission of a proposal pursuant to this

87   section.

88   (3) All revenue received by a county from the tax authorized

89   pursuant to this section shall be deposited in a special trust fund and shall

90   be used solely for providing a juvenile detention facility for children

91   coming within the provisions of this chapter for so long as the tax shall

92   remain in effect.

93   (4) Once the tax authorized by this section is abolished or

94   terminated by any means, all funds remaining in the special trust fund

95   shall be used solely for providing a juvenile detention facility for children

96   coming within the provisions of this chapter for the counties. Any funds

97   in such special trust fund which are not needed for current expenditures

98   may be invested by the county commission in accordance with applicable

99   laws relating to the investment of other county funds.

100  (5) All sales taxes collected by the director of revenue pursuant to

101  this section on behalf of any county, less one percent for cost of collection

102  which shall be deposited in the state's general revenue fund after payment
CCS SS SCS HCS HBs 2637 & 3155  27

103  of premiums for surety bonds as provided in section 32.087, shall be

104  deposited in a special trust fund, which is hereby created, to be known as

105  the "Juvenile Detention Facility Sales Tax Trust Fund". The moneys in

106  the juvenile detention facility sales tax trust fund shall not be deemed to

107  be state funds and shall not be commingled with any funds of the state.

108  The director of revenue shall keep accurate records of the amount of

109  money in the trust fund which was collected in each county imposing a

110  sales tax pursuant to this section, and the records shall be open to the

111  inspection of officers of each member county and the public. Not later

112  than the tenth day of each month the director of revenue shall distribute

113  all moneys deposited in the trust fund during the preceding month to the

114  county which levied the tax. Such funds shall be deposited with the

115  treasurer of each such county, and all expenditures of funds arising from

116  the juvenile detention facility sales tax trust fund shall be paid pursuant

117  to an appropriation adopted by the governing body of the county.

118  Expenditures may be made from the fund for the function authorized in

119  the order adopted by the governing body of the county submitting the

120  juvenile detention facility tax to the voters.

121  (6) The director of revenue may make refunds from the amounts

122  in the trust fund and credited to any county for erroneous payments and

123  overpayments made, and may redeem dishonored checks and drafts

124  deposited to the credit of such counties. If any county abolishes the tax,

125  the governing body of the county shall notify the director of revenue of

126  the action at least ninety days prior to the effective date of the repeal, and

127  the director of revenue may order retention in the trust fund, for a period

128  of one year, of two percent of the amount collected after receipt of such

129  notice to cover possible refunds or overpayment of the tax and to redeem

130  dishonored checks and drafts deposited to the credit of such accounts.

131  After one year has elapsed after the effective date of abolition of the tax

132  in such county, the director of revenue shall remit the balance in the

133  account to the county and close the account of that county. The director

134  of revenue shall notify each county in each instance of any amount

135  refunded or any check redeemed from receipts due the county.

136  (7) Except as provided in this section, all provisions of sections

137  32.085 and 32.087 shall apply to the tax imposed pursuant to this section.]

     211.342. 1. (1) In coordination with each other, the governing bodies of the

2 counties within the same judicial circuit may establish a juvenile detention facility to serve

3 the judicial circuit.

4    (2) The governing body of each county desiring to coordinate a juvenile detention

5 facility under this subsection shall approve an ordinance, order, or resolution authorizing

6 a juvenile detention facility within one of the counties and shall approve an agreement
CCS SS SCS HCS HBs 2637 & 3155               28

7 between all counties within the same judicial circuit, as specified by subsection 4 of this

8 section.

9   2. (1) In coordination with each other, the governing bodies of the counties in

10 adjoining judicial circuits may establish a juvenile detention facility to serve the judicial

11 circuits.

12  (2) The governing body of each county desiring to coordinate a juvenile detention

13 facility under this subsection shall approve an ordinance, order, or resolution authorizing

14 a juvenile detention facility within one of the counties and shall approve an agreement

15 between all counties within each judicial circuit, as specified by subsection 4 of this section.

16  3. The governing body of each county desiring to coordinate a juvenile detention

17 facility under subsection 1 or 2 of this section shall notify the presiding judge of the judicial

18 circuit or each judicial circuit of the authorization of a juvenile detention facility. The

19 notice shall include the authorizing ordinance, order, or resolution of each county and the

20 approved agreement, as specified in subsection 4 of this section.

21  4. The agreement that specifies the duties of each county shall contain the

22 following:

23  (1) The total cost of establishment and operation of the places of detention;

24  (2) The prorated formula for the calculation of each county's contribution to the

25 costs of a juvenile detention facility based upon a ratio of the respective populations of the

26 counties;

27  (3) The methods and powers that may be used for constructing, leasing, or

28 financing a juvenile detention facility;

29  (4) The use of the sales tax as authorized by subsection 6 of this section; and

30  (5) The point of location of the place of a juvenile detention facility.

31  5. Subsections 3 and 4 of section 211.331 shall apply to a juvenile detention facility

32 authorized pursuant to this section. The operation and support of a juvenile detention

33 facility authorized pursuant to this section shall be regulated in accordance with the rules

34 and standards of the Missouri supreme court under the governance of the presiding judge

35 of the judicial circuit. If the counties of adjoining judicial circuits have authorized a

36 juvenile detention facility pursuant to this section, the presiding judges shall jointly govern

37 the affairs of the juvenile detention facility.

38  6. (1) The counties authorizing a juvenile detention facility pursuant to this section

39 may impose, by order, a sales tax up to one percent on all retail sales made in such counties

40 which are subject to taxation pursuant to the provisions of sections 144.010 to 144.525 for

41 the purpose of providing a juvenile detention facility. The tax authorized by this section

42 shall be in addition to any and all other sales taxes allowed by law, except that no order

43 imposing a sales tax pursuant to this section shall be effective unless the governing body,
CCS SS SCS HCS HBs 2637 & 3155              29

44 for each county in the judicial circuit or circuits submits to the voters of the county, on any

45 election date authorized in chapter 115, a proposal to authorize the governing body of the

46 county to impose a tax.

47  (2) The ballot of submission shall contain, but need not be limited to, the following

48 language:

49  Shall the (counties' names) impose a region-wide sales tax of ______

50  (insert amount) for the purpose of providing a juvenile detention

51  facility within the jurisdiction of (judicial circuit's name or judicial

52  circuits' names)?

53            9 YES                             9 NO

54  If you are in favor of the question, place an "X" in the box opposite

55  "YES". If you are opposed to the question, place an "X" in the box

56  opposite "NO".

57

58 If a majority of the votes cast on the proposal by the qualified voters of the county voting

59 thereon are in favor of the proposal, then the order and any amendment to such order shall

60 be in effect on the first day of the second quarter immediately following the election

61 approving the proposal. If the proposal receives less than the required majority, the

62 governing body of the county shall have no power to impose the sales tax authorized

63 pursuant to this section unless and until the governing body of the county shall again have

64 submitted another proposal to authorize the county commission, or authorized body, to

65 impose the sales tax authorized by this section and such proposal is approved by the

66 required majority of the qualified voters of the county commission, or authorized body,

67 voting on such proposal; however, in no event shall a proposal pursuant to this section be

68 submitted to the voters sooner than twelve months from the date of the last submission of

69 a proposal pursuant to this section.

70  (3) All revenue received by a county from the tax authorized pursuant to this

71 section shall be deposited in a special trust fund and shall be used solely for providing a

72 juvenile detention facility for children coming within the provisions of this chapter for so

73 long as the tax shall remain in effect.

74  (4) Once the tax authorized by this section is abolished or terminated by any

75 means, all funds remaining in the special trust fund shall be used solely for providing a

76 juvenile detention facility for children coming within the provisions of this chapter for the

77 counties. Any funds in such special trust fund which are not needed for current
CCS SS SCS HCS HBs 2637 & 3155  30

78 expenditures may be invested by the county commission in accordance with applicable

79 laws relating to the investment of other county funds.

80   (5) All sales taxes collected by the director of revenue pursuant to this section on

81 behalf of any county, less one percent for cost of collection which shall be deposited in the

82 state's general revenue fund after payment of premiums for surety bonds as provided in

83 section 32.087, shall be deposited in a special trust fund, which is hereby created, to be

84 known as the "Juvenile Detention Facility Sales Tax Trust Fund". The moneys in the

85 juvenile detention facility sales tax trust fund shall not be deemed to be state funds and

86 shall not be commingled with any funds of the state. The director of revenue shall keep

87 accurate records of the amount of money in the trust fund which was collected in each

88 county imposing a sales tax pursuant to this section, and the records shall be open to the

89 inspection of officers of each member county and the public. Not later than the tenth day

90 of each month the director of revenue shall distribute all moneys deposited in the trust

91 fund during the preceding month to the county which levied the tax. Such funds shall be

92 deposited with the treasurer of each such county, and all expenditures of funds arising

93 from the juvenile detention facility sales tax trust fund shall be paid pursuant to an

94 appropriation adopted by the governing body of the county. Expenditures may be made

95 from the fund for the function authorized in the order adopted by the governing body of

96 the county submitting the juvenile detention facility tax to the voters.

97   (6) The director of revenue may make refunds from the amounts in the trust fund

98 and credited to any county for erroneous payments and overpayments made, and may

99 redeem dishonored checks and drafts deposited to the credit of such counties. If any

100 county abolishes the tax, the governing body of the county shall notify the director of

101 revenue of the action at least ninety days prior to the effective date of the repeal, and the

102 director of revenue may order retention in the trust fund, for a period of one year, of two

103 percent of the amount collected after receipt of such notice to cover possible refunds or

104 overpayment of the tax and to redeem dishonored checks and drafts deposited to the credit

105 of such accounts. After one year has elapsed after the effective date of abolition of the tax

106 in such county, the director of revenue shall remit the balance in the account to the county

107 and close the account of that county. The director of revenue shall notify each county in

108 each instance of any amount refunded or any check redeemed from receipts due the

109 county.

110  (7) Except as provided in this section, all provisions of sections 32.085 and 32.087

111 shall apply to the tax imposed pursuant to this section.

             [217.362. 1. The department of corrections shall design and

2            implement an intensive long-term program for the treatment of chronic

3            nonviolent offenders with serious substance abuse addictions who have not
CCS SS SCS HCS HBs 2637 & 3155    31

4   [pleaded] pled guilty to or been convicted of a dangerous felony as defined in

5   section 556.061.

6   2. Prior to sentencing, any judge considering an offender for this

7   program shall notify the department. The potential candidate for the program

8   shall be screened by the department to determine eligibility. The department

9   shall, by regulation, establish eligibility criteria and inform the court of such

10  criteria. The department shall notify the court as to the offender's eligibility

11  and the availability of space in the program. Notwithstanding any other

12  provision of law to the contrary, except as provided for in section 558.019, if

13  an offender is eligible and there is adequate space, the court may sentence a

14  person to the program which shall consist of institutional drug or alcohol

15  treatment for a period of at least twelve and no more than twenty-four months,

16  as well as a term of incarceration. The department shall determine the nature,

17  intensity, duration, and completion criteria of the education, treatment, and

18  aftercare portions of any program services provided. Execution of the

19  offender's term of incarceration shall be suspended pending completion of said

20  program. Allocation of space in the program may be distributed by the

21  department in proportion to drug arrest patterns in the state. If the court is

22  advised that an offender is not eligible or that there is no space available, the

23  court shall consider other authorized dispositions.

24  3. Upon successful completion of the program, the division of

25  probation and parole shall advise the sentencing court of an offender's

26  probationary release date thirty days prior to release. If the court determines

27  that probation is not appropriate the court may order the execution of the

28  offender's sentence.

29  4. If it is determined by the department that the offender has not

30  successfully completed the program, or that the offender is not cooperatively

31  participating in the program, the offender shall be removed from the program

32  and the court shall be advised. Failure of an offender to complete the program

33  shall cause the offender to serve the sentence prescribed by the court and void

34  the right to be considered for probation on this sentence.

35  [5. An offender's first incarceration in a department of corrections

36  program pursuant to this section prior to release on probation shall not be

37  considered a previous prison commitment for the purpose of determining a

38  minimum prison term pursuant to the provisions of section 558.019.]]

    217.362. 1. The department of corrections shall design and implement an intensive

2 long-term program for the treatment of chronic nonviolent offenders with serious substance

3 abuse addictions who have not [pleaded] pled guilty to or been convicted of a dangerous felony

4 as defined in section 556.061.

5   2. Prior to sentencing, any judge considering an offender for this program shall notify

6 the department. The potential candidate for the program shall be screened by the department to

7 determine eligibility. The department shall, by regulation, establish eligibility criteria and
CCS SS SCS HCS HBs 2637 & 3155     32

8 inform the court of such criteria. The department shall notify the court as to the offender's

9 eligibility and the availability of space in the program. Notwithstanding any other provision of

10 law to the contrary, except as provided for in section 558.019, if an offender is eligible and there

11 is adequate space, the court may sentence a person to the program which shall consist of

12 institutional drug or alcohol treatment for a period of at least twelve and no more than twenty-

13 four months, as well as a term of incarceration. The department shall determine the nature,

14 intensity, duration, and completion criteria of the education, treatment, and aftercare portions

15 of any program services provided. Execution of the offender's term of incarceration shall be

16 suspended pending completion of said program. Allocation of space in the program may be

17 distributed by the department in proportion to drug arrest patterns in the state. If the court is

18 advised that an offender is not eligible or that there is no space available, the court shall consider

19 other authorized dispositions.

20  3. Upon successful completion of the program, the division of probation and parole shall

21 advise the sentencing court of an offender's probationary release date thirty days prior to release.

22 If the court determines that probation is not appropriate the court may order the execution of the

23 offender's sentence.

24  4. If it is determined by the department that the offender has not successfully completed

25 the program, or that the offender is not cooperatively participating in the program, the offender

26 shall be removed from the program and the court shall be advised. Failure of an offender to

27 complete the program shall cause the offender to serve the sentence prescribed by the court and

28 void the right to be considered for probation on this sentence.

29  [5. An offender's first incarceration in a department of corrections program pursuant to

30 this section prior to release on probation shall not be considered a previous prison commitment

31 for the purpose of determining a minimum prison term pursuant to the provisions of section

32 558.019.]

              [217.690. 1. All releases or paroles shall issue upon order of the

2   parole board, duly adopted.

3             2. Before ordering the parole of any offender, the parole board shall

4   conduct a validated risk and needs assessment and evaluate the case under the

5   rules governing parole that are promulgated by the parole board. The parole

6   board shall then have the offender appear before a hearing panel and shall

7   conduct a personal interview with him or her, unless waived by the offender,

8   or if the guidelines indicate the offender may be paroled without need for an

9   interview. The guidelines and rules shall not allow for the waiver of a hearing

10  if a victim requests a hearing. The appearance or presence may occur by

11  means of a videoconference at the discretion of the parole board. A parole

12  may be ordered for the best interest of society when there is a reasonable

13  probability, based on the risk assessment and indicators of release readiness,

14  that the person can be supervised under parole supervision and successfully
CCS SS SCS HCS HBs 2637 & 3155          33

15  reintegrated into the community, not as an award of clemency; it shall not be

16  considered a reduction of sentence or a pardon. Every offender while on

17  parole shall remain in the legal custody of the department but shall be subject

18  to the orders of the parole board.

19  3. The division of probation and parole has discretionary authority to

20  require the payment of a fee, not to exceed sixty dollars per month, from every

21  offender placed under division supervision on probation, parole, or conditional

22  release, to waive all or part of any fee, to sanction offenders for willful

23  nonpayment of fees, and to contract with a private entity for fee collections

24  services. All fees collected shall be deposited in the inmate fund established

25  in section 217.430. Fees collected may be used to pay the costs of contracted

26  collections services. The fees collected may otherwise be used to provide

27  community corrections and intervention services for offenders. Such services

28  include substance abuse assessment and treatment, mental health assessment

29  and treatment, electronic monitoring services, residential facilities services,

30  employment placement services, and other offender community corrections

31  or intervention services designated by the division of probation and parole to

32  assist offenders to successfully complete probation, parole, or conditional

33  release. The division of probation and parole shall adopt rules not inconsistent

34  with law, in accordance with section 217.040, with respect to sanctioning

35  offenders and with respect to establishing, waiving, collecting, and using fees.

36  4. The parole board shall adopt rules not inconsistent with law, in

37  accordance with section 217.040, with respect to the eligibility of offenders

38  for parole, the conduct of parole hearings or conditions to be imposed upon

39  paroled offenders. Whenever an order for parole is issued it shall recite the

40  conditions of such parole.

41  5. When considering parole for an offender with consecutive

42  sentences, the minimum term for eligibility for parole shall be calculated by

43  adding the minimum terms for parole eligibility for each of the consecutive

44  sentences, except the minimum term for parole eligibility shall not exceed the

45  minimum term for parole eligibility for an ordinary life sentence.

46  6. Any offender sentenced to a term of imprisonment amounting to

47  fifteen years or more or multiple terms of imprisonment that, taken together,

48  amount to fifteen or more years who was under eighteen years of age at the

49  time of the commission of the offense or offenses may be eligible for parole

50  after serving fifteen years of incarceration, regardless of whether the case is

51  final for the purposes of appeal, and may be eligible for reconsideration

52  hearings in accordance with regulations promulgated by the parole board.

53  7. The provisions of subsection 6 of this section shall not apply to an

54  offender found guilty of capital murder, murder in the first degree or murder

55  in the second degree, when murder in the second degree is committed

56  pursuant to subdivision (1) of subsection 1 of section 565.021, who was under

57  eighteen years of age when the offender committed the offense or offenses

58  who may be found ineligible for parole or whose parole eligibility may be
CCS SS SCS HCS HBs 2637 & 3155  34

59   controlled by section 558.047 or 565.033.

60   8. Any offender under a sentence for first degree murder who has been

61   denied release on parole after a parole hearing shall not be eligible for another

62   parole hearing until at least three years from the month of the parole denial;

63   however, this subsection shall not prevent a release pursuant to subsection [4]

64   7 of section 558.011.

65   9. A victim who has requested an opportunity to be heard shall receive

66   notice that the parole board is conducting an assessment of the offender's risk

67   and readiness for release and that the victim's input will be particularly helpful

68   when it pertains to safety concerns and specific protective measures that may

69   be beneficial to the victim should the offender be granted release.

70   10. Parole hearings shall, at a minimum, contain the following

71   procedures:

72   (1) The victim or person representing the victim who attends a hearing

73   may be accompanied by one other person;

74   (2) The victim or person representing the victim who attends a hearing

75   shall have the option of giving testimony in the presence of the inmate or to

76   the hearing panel without the inmate being present;

77   (3) The victim or person representing the victim may call or write the

78   parole board rather than attend the hearing;

79   (4) The victim or person representing the victim may have a personal

80   meeting with a parole board member at the parole board's central office;

81   (5) The judge, prosecuting attorney or circuit attorney and a

82   representative of the local law enforcement agency investigating the crime

83   shall be allowed to attend the hearing or provide information to the hearing

84   panel in regard to the parole consideration; and

85   (6) The parole board shall evaluate information listed in the juvenile

86   sex offender registry pursuant to section 211.425, provided the offender is

87   between the ages of seventeen and twenty-one, as it impacts the safety of the

88   community.

89   11. The parole board shall notify any person of the results of a parole

90   eligibility hearing if the person indicates to the parole board a desire to be

91   notified.

92   12. The parole board may, at its discretion, require any offender

93   seeking parole to meet certain conditions during the term of that parole so

94   long as said conditions are not illegal or impossible for the offender to

95   perform. These conditions may include an amount of restitution to the state

96   for the cost of that offender's incarceration.

97   13. Special parole conditions shall be responsive to the assessed risk

98   and needs of the offender or the need for extraordinary supervision, such as

99   electronic monitoring. The parole board shall adopt rules to minimize the

100  conditions placed on low-risk cases, to frontload conditions upon release, and

101  to require the modification and reduction of conditions based on the person's

102  continuing stability in the community. Parole board rules shall permit parole
CCS SS SCS HCS HBs 2637 & 3155                    35

103         conditions to be modified by parole officers with review and approval by

104         supervisors.

105         14. Nothing contained in this section shall be construed to require the

106         release of an offender on parole nor to reduce the sentence of an offender

107         heretofore committed.

108         15. Beginning January 1, 2001, the parole board shall not order a

109         parole unless the offender has obtained a high school diploma or its

110         equivalent, or unless the parole board is satisfied that the offender, while

111         committed to the custody of the department, has made an honest good-faith

112         effort to obtain a high school diploma or its equivalent; provided that the

113         director may waive this requirement by certifying in writing to the parole

114         board that the offender has actively participated in mandatory education

115         programs or is academically unable to obtain a high school diploma or its

116         equivalent.

117         16. Any rule or portion of a rule, as that term is defined in section

118         536.010, that is created under the authority delegated in this section shall

119         become effective only if it complies with and is subject to all of the provisions

120         of chapter 536 and, if applicable, section 536.028. This section and chapter

121         536 are nonseverable and if any of the powers vested with the general

122         assembly pursuant to chapter 536 to review, to delay the effective date, or to

123         disapprove and annul a rule are subsequently held unconstitutional, then the

124         grant of rulemaking authority and any rule proposed or adopted after August

125         28, 2005, shall be invalid and void.

126         17. When concurrent sentences are imposed by a court, the person

127         shall serve the minimum required percentage for the longest sentence

128         prior to parole eligibility.]

     217.690. 1. All releases or paroles shall issue upon order of the parole board, duly

2 adopted.

3    2. Before ordering the parole of any offender, the parole board shall conduct a validated

4 risk and needs assessment and evaluate the case under the rules governing parole that are

5 promulgated by the parole board. The parole board shall then have the offender appear before

6 a hearing panel and shall conduct a personal interview with him or her, unless waived by the

7 offender, or if the guidelines indicate the offender may be paroled without need for an interview.

8 The guidelines and rules shall not allow for the waiver of a hearing if a victim requests a hearing.

9 The appearance or presence may occur by means of a videoconference at the discretion of the

10 parole board. A parole may be ordered for the best interest of society when there is a reasonable

11 probability, based on the risk assessment and indicators of release readiness, that the person can

12 be supervised under parole supervision and successfully reintegrated into the community, not

13 as an award of clemency; it shall not be considered a reduction of sentence or a pardon. Every

14 offender while on parole shall remain in the legal custody of the department but shall be subject

15 to the orders of the parole board.
CCS SS SCS HCS HBs 2637 & 3155  36

16  3. The division of probation and parole has discretionary authority to require the

17 payment of a fee, not to exceed sixty dollars per month, from every offender placed under

18 division supervision on probation, parole, or conditional release, to waive all or part of any fee,

19 to sanction offenders for willful nonpayment of fees, and to contract with a private entity for fee

20 collections services. All fees collected shall be deposited in the inmate fund established in

21 section 217.430. Fees collected may be used to pay the costs of contracted collections services.

22 The fees collected may otherwise be used to provide community corrections and intervention

23 services for offenders. Such services include substance abuse assessment and treatment, mental

24 health assessment and treatment, electronic monitoring services, residential facilities services,

25 employment placement services, and other offender community corrections or intervention

26 services designated by the division of probation and parole to assist offenders to successfully

27 complete probation, parole, or conditional release. The division of probation and parole shall

28 adopt rules not inconsistent with law, in accordance with section 217.040, with respect to

29 sanctioning offenders and with respect to establishing, waiving, collecting, and using fees.

30  4. The parole board shall adopt rules not inconsistent with law, in accordance with

31 section 217.040, with respect to the eligibility of offenders for parole, the conduct of parole

32 hearings or conditions to be imposed upon paroled offenders. Whenever an order for parole is

33 issued it shall recite the conditions of such parole.

34  5. When considering parole for an offender with consecutive sentences, the minimum

35 term for eligibility for parole shall be calculated by adding the minimum terms for parole

36 eligibility for each of the consecutive sentences, except the minimum term for parole eligibility

37 shall not exceed the minimum term for parole eligibility for an ordinary life sentence.

38  6. Any offender sentenced to a term of imprisonment amounting to fifteen years or more

39 or multiple terms of imprisonment that, taken together, amount to fifteen or more years who was

40 under eighteen years of age at the time of the commission of the offense or offenses may be

41 eligible for parole after serving fifteen years of incarceration, regardless of whether the case is

42 final for the purposes of appeal, and may be eligible for reconsideration hearings in accordance

43 with regulations promulgated by the parole board.

44  7. The provisions of subsection 6 of this section shall not apply to an offender found

45 guilty of capital murder, murder in the first degree or murder in the second degree, when murder

46 in the second degree is committed pursuant to subdivision (1) of subsection 1 of section 565.021,

47 who was under eighteen years of age when the offender committed the offense or offenses who

48 may be found ineligible for parole or whose parole eligibility may be controlled by section

49 558.047 or 565.033.

50  8. Any offender under a sentence for first degree murder who has been denied release

51 on parole after a parole hearing shall not be eligible for another parole hearing until at least three
CCS SS SCS HCS HBs 2637 & 3155       37

52 years from the month of the parole denial; however, this subsection shall not prevent a release

53 pursuant to subsection [4] 7 of section 558.011.

54  9. A victim who has requested an opportunity to be heard shall receive notice that the

55 parole board is conducting an assessment of the offender's risk and readiness for release and that

56 the victim's input will be particularly helpful when it pertains to safety concerns and specific

57 protective measures that may be beneficial to the victim should the offender be granted release.

58  10. Parole hearings shall, at a minimum, contain the following procedures:

59  (1) The victim or person representing the victim who attends a hearing may be

60 accompanied by one other person;

61  (2) The victim or person representing the victim who attends a hearing shall have the

62 option of giving testimony in the presence of the inmate or to the hearing panel without the

63 inmate being present;

64  (3) The victim or person representing the victim may call or write the parole board rather

65 than attend the hearing;

66  (4) The victim or person representing the victim may have a personal meeting with a

67 parole board member at the parole board's central office;

68  (5) The judge, prosecuting attorney or circuit attorney and a representative of the local

69 law enforcement agency investigating the crime shall be allowed to attend the hearing or provide

70 information to the hearing panel in regard to the parole consideration; and

71  (6) The parole board shall evaluate information listed in the juvenile sex offender

72 registry pursuant to section 211.425, provided the offender is between the ages of seventeen and

73 twenty-one, as it impacts the safety of the community.

74  11. The parole board shall notify any person of the results of a parole eligibility hearing

75 if the person indicates to the parole board a desire to be notified.

76  12. The parole board may, at its discretion, require any offender seeking parole to meet

77 certain conditions during the term of that parole so long as said conditions are not illegal or

78 impossible for the offender to perform. These conditions may include an amount of restitution

79 to the state for the cost of that offender's incarceration.

80  13. Special parole conditions shall be responsive to the assessed risk and needs of the

81 offender or the need for extraordinary supervision, such as electronic monitoring. The parole

82 board shall adopt rules to minimize the conditions placed on low-risk cases, to frontload

83 conditions upon release, and to require the modification and reduction of conditions based on

84 the person's continuing stability in the community. Parole board rules shall permit parole

85 conditions to be modified by parole officers with review and approval by supervisors.

86  14. Nothing contained in this section shall be construed to require the release of an

87 offender on parole nor to reduce the sentence of an offender heretofore committed.
CCS SS SCS HCS HBs 2637 & 3155  38

88   15. Beginning January 1, 2001, the parole board shall not order a parole unless the

89 offender has obtained a high school diploma or its equivalent, or unless the parole board is

90 satisfied that the offender, while committed to the custody of the department, has made an honest

91 good-faith effort to obtain a high school diploma or its equivalent; provided that the director may

92 waive this requirement by certifying in writing to the parole board that the offender has actively

93 participated in mandatory education programs or is academically unable to obtain a high school

94 diploma or its equivalent.

95   16. Any rule or portion of a rule, as that term is defined in section 536.010, that is

96 created under the authority delegated in this section shall become effective only if it complies

97 with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.

98 This section and chapter 536 are nonseverable and if any of the powers vested with the general

99 assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and

100 annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and

101 any rule proposed or adopted after August 28, 2005, shall be invalid and void.

102  17. When concurrent sentences are imposed by a court, the person shall serve the

103 minimum required percentage for the longest sentence prior to parole eligibility.

104  [217.760. 1. In all felony cases and class A misdemeanor cases, the

105  basis of which misdemeanor cases are contained in chapters 565 and 566 and

106  section 577.023, at the request of a [circuit] sentencing judge of any circuit

107  court, the division of probation and parole shall assign one or more state

108  probation and parole officers to make an investigation of the person convicted

109  of the crime or offense before sentence is imposed. In all felony cases in

110  which the recommended sentence established by the sentencing advisory

111  commission pursuant to subsection [7] 1 of section 558.019 includes probation

112  but the recommendation of the prosecuting attorney or circuit attorney does

113  not include probation, the division of probation and parole shall, prior to

114  sentencing, provide the judge with a report on available alternatives to

115  incarceration. If a presentence investigation report is completed then the

116  available alternatives shall be included in the presentence investigation report.

117  2. The report of the presentence investigation or preparole

118  investigation shall contain any prior criminal record of the defendant and such

119  information about his or her characteristics, his or her financial condition, his

120  or her social history, the circumstances affecting his or her behavior as may

121  be helpful in imposing sentence or in granting probation or in the correctional

122  treatment of the defendant, information concerning the impact of the crime

123  upon the victim, the recommended sentence established by the sentencing

124  advisory commission and available alternatives to incarceration including

125  opportunities for restorative justice, as well as a recommendation by the

126  probation and parole officer. The officer shall secure such other information

127  as may be required by the court and, whenever it is practicable and needed,
CCS SS SCS HCS HBs 2637 & 3155                  39

128  such investigation shall include a physical and mental examination of the

129  defendant.]

     217.760. 1. In all felony cases and class A misdemeanor cases, the basis of which

2 misdemeanor cases are contained in chapters 565 and 566 and section 577.023, at the request

3 of a [circuit] sentencing judge of any circuit court, the division of probation and parole shall

4 assign one or more state probation and parole officers to make an investigation of the person

5 convicted of the crime or offense before sentence is imposed. In all felony cases in which the

6 recommended sentence established by the sentencing advisory commission pursuant to

7 subsection [7] 1 of section 558.019 includes probation but the recommendation of the

8 prosecuting attorney or circuit attorney does not include probation, the division of probation and

9 parole shall, prior to sentencing, provide the judge with a report on available alternatives to

10 incarceration. If a presentence investigation report is completed then the available alternatives

11 shall be included in the presentence investigation report.

12   2. The report of the presentence investigation or preparole investigation shall contain

13 any prior criminal record of the defendant and such information about his or her characteristics,

14 his or her financial condition, his or her social history, the circumstances affecting his or her

15 behavior as may be helpful in imposing sentence or in granting probation or in the correctional

16 treatment of the defendant, information concerning the impact of the crime upon the victim, the

17 recommended sentence established by the sentencing advisory commission and available

18 alternatives to incarceration including opportunities for restorative justice, as well as a

19 recommendation by the probation and parole officer. The officer shall secure such other

20 information as may be required by the court and, whenever it is practicable and needed, such

21 investigation shall include a physical and mental examination of the defendant.

     455.050. 1. Any full or ex parte order of protection granted pursuant to sections 455.010

2 to 455.085 shall be to protect the petitioner from cyberstalking, domestic violence, stalking, or

3 sexual assault and may include such terms as the court reasonably deems necessary to ensure

4 the petitioner's safety, including but not limited to:

5    (1) Temporarily enjoining the respondent from committing or threatening to commit

6 cyberstalking, domestic violence, molesting, stalking, sexual assault, or disturbing the peace

7 of the petitioner, including violence against a pet;

8    (2) Temporarily enjoining the respondent from entering the premises of the dwelling unit

9 of the petitioner when the dwelling unit is:

10   (a) Jointly owned, leased or rented or jointly occupied by both parties; or

11   (b) Owned, leased, rented or occupied by petitioner individually; or

12   (c) Jointly owned, leased, rented or occupied by petitioner and a person other than

13 respondent; provided, however, no spouse shall be denied relief pursuant to this section by

14 reason of the absence of a property interest in the dwelling unit; or
CCS SS SCS HCS HBs 2637 & 3155              40

15  (d) Jointly occupied by the petitioner and a person other than respondent; provided that

16 the respondent has no property interest in the dwelling unit; or

17  (3) Temporarily enjoining the respondent from communicating with the petitioner in any

18 manner or through any medium.

19  2. Mutual orders of protection are prohibited unless both parties have properly filed

20 written petitions and proper service has been made in accordance with sections 455.010 to

21 455.085.

22  3. When the court has, after a hearing for any full order of protection, issued an order

23 of protection, it may, in addition:

24  (1) Award custody of any minor child born to or adopted by the parties when the court

25 has jurisdiction over such child and no prior order regarding custody is pending or has been

26 made, and the best interests of the child require such order be issued;

27  (2) Establish a visitation schedule that is in the best interests of the child;

28  (3) Award child support in accordance with supreme court rule 88.01 and chapter 452;

29  (4) Award maintenance to petitioner when petitioner and respondent are lawfully

30 married in accordance with chapter 452;

31  (5) Order respondent to make or to continue to make rent or mortgage payments on a

32 residence occupied by the petitioner if the respondent is found to have a duty to support the

33 petitioner or other dependent household members;

34  (6) Order the respondent to pay the petitioner's rent at a residence other than the one

35 previously shared by the parties if the respondent is found to have a duty to support the

36 petitioner and the petitioner requests alternative housing;

37  (7) Order that the petitioner be given temporary possession of specified personal

38 property, such as automobiles, checkbooks, keys, and other personal effects;

39  (8) Prohibit the respondent from transferring, encumbering, or otherwise disposing of

40 specified property mutually owned or leased by the parties;

41  (9) Order the respondent to participate in a court-approved counseling program designed

42 to help batterers stop violent behavior or to participate in a substance abuse treatment program;

43  (10) Order the respondent to pay a reasonable fee for housing and other services that

44 have been provided or that are being provided to the petitioner by a shelter for victims of

45 domestic violence;

46  (11) Order the respondent to pay court costs;

47  (12) Order the respondent to pay the cost of medical treatment and services that have

48 been provided or that are being provided to the petitioner as a result of injuries sustained to the

49 petitioner by an act of domestic violence committed by the respondent;

50  (13) Award possession and care of any pet, along with any moneys necessary to cover

51 medical costs that may have resulted from abuse of the pet.
CCS SS SCS HCS HBs 2637 & 3155         41

52  4. A verified petition seeking orders for maintenance, support, custody, visitation,

53 payment of rent, payment of monetary compensation, possession of personal property,

54 prohibiting the transfer, encumbrance, or disposal of property, or payment for services of a

55 shelter for victims of domestic violence, shall contain allegations relating to those orders and

56 shall pray for the orders desired.

57  5. In making an award of custody, the court shall consider all relevant factors including

58 the presumption that the best interests of the child will be served by placing the child in the

59 custody and care of the nonabusive parent, unless there is evidence that both parents have

60 engaged in abusive behavior, in which case the court shall not consider this presumption but may

61 appoint a guardian ad litem or a court-appointed special advocate to represent the children in

62 accordance with chapter 452 and shall consider all other factors in accordance with chapter 452.

63  6. The court shall grant to the noncustodial parent rights to visitation with any minor

64 child born to or adopted by the parties, unless the court finds, after hearing, that visitation would

65 endanger the child's physical health, impair the child's emotional development or would

66 otherwise conflict with the best interests of the child, or that no visitation can be arranged which

67 would sufficiently protect the custodial parent from further domestic violence. The court may

68 appoint a guardian ad litem or court-appointed special advocate to represent the minor child in

69 accordance with chapter 452 whenever the custodial parent alleges that visitation with the

70 noncustodial parent will damage the minor child.

71  7. The court shall make an order requiring the noncustodial party to pay an amount

72 reasonable and necessary for the support of any child to whom the party owes a duty of support

73 when no prior order of support is outstanding and after all relevant factors have been considered,

74 in accordance with Missouri supreme court rule 88.01 and chapter 452.

75  8. The court may grant a maintenance order to a party for a period of time, not to exceed

76 one hundred eighty days. Any maintenance ordered by the court shall be in accordance with

77 chapter 452.

78  9. (1) The court may, in order to ensure that a petitioner can maintain an existing

79 wireless telephone number or numbers, issue an order, after notice and an opportunity to be

80 heard, directing a wireless service provider to transfer the billing responsibility for and rights

81 to the wireless telephone number or numbers to the petitioner, if the petitioner is not the wireless

82 service accountholder.

83  (2) (a) The order transferring billing responsibility for and rights to the wireless

84 telephone number or numbers to the petitioner shall list the name and billing telephone number

85 of the accountholder, the name and contact information of the person to whom the telephone

86 number or numbers will be transferred, and each telephone number to be transferred to that

87 person. The court shall ensure that the contact information of the petitioner is not provided to

88 the accountholder in proceedings held under this chapter.
CCS SS SCS HCS HBs 2637 & 3155         42

89   (b) Upon issuance, a copy of the full order of protection shall be transmitted, either

90 electronically or by certified mail, to the wireless service provider's registered agent listed with

91 the secretary of state, or electronically to the email address provided by the wireless service

92 provider. Such transmittal shall constitute adequate notice for the wireless service provider

93 acting under this section and section 455.523.

94   (c) If the wireless service provider cannot operationally or technically effectuate the

95 order due to certain circumstances, the wireless service provider shall notify the petitioner within

96 three business days. Such circumstances shall include, but not be limited to, the following:

97   a. The accountholder has already terminated the account;

98   b. The differences in network technology prevent the functionality of a device on the

99 network; or

100  c. There are geographic or other limitations on network or service availability.

101  (3) (a) Upon transfer of billing responsibility for and rights to a wireless telephone

102 number or numbers to the petitioner under this subsection by a wireless service provider, the

103 petitioner shall assume all financial responsibility for the transferred wireless telephone number

104 or numbers, monthly service costs, and costs for any mobile device associated with the wireless

105 telephone number or numbers.

106  (b) This section shall not preclude a wireless service provider from applying any routine

107 and customary requirements for account establishment to the petitioner as part of this transfer

108 of billing responsibility for a wireless telephone number or numbers and any devices attached

109 to that number or numbers including, but not limited to, identification, financial information, and

110 customer preferences.

111  (4) This section shall not affect the ability of the court to apportion the assets and debts

112 of the parties as provided for in law, or the ability to determine the temporary use, possession,

113 and control of personal property.

114  (5) No cause of action shall lie against any wireless service provider, its officers,

115 employees, or agents, for actions taken in accordance with the terms of a court order issued

116 under this section.

117  (6) As used in this section and section 455.523, a "wireless service provider" means a

118 provider of commercial mobile service under Section 332(d) of the Federal

119 [Telecommunications Act of 1996] Communications Act of 1934 (47 U.S.C. Section [151, et

120 seq.] 332).

     455.098. 1. Upon the request of the victim or the prosecuting or circuit attorney,

2 a court shall have jurisdiction at the time of sentencing to enter a lifetime protection order

3 restraining or enjoining the defendant from contacting the victim if the defendant has been

4 found guilty of a dangerous felony, as defined in section 556.061. The protection order

5 shall be effective immediately and shall be served on the defendant at the time of
CCS SS SCS HCS HBs 2637 & 3155            43

6 sentencing. An order issued pursuant to this section shall not expire and is valid for the

7 defendant's lifetime unless:

8   (1) The defendant makes a showing to the court that the victim has died or the

9 conviction has been dismissed, expunged, or overturned or the defendant has been

10 pardoned; or

11  (2) The victim submits a written request to the court for an early expiration upon

12 which the court may hold a hearing to terminate the order.

13  2. A copy of any order of protection granted pursuant to this section shall be issued

14 to the victim and to the local law enforcement agency in the jurisdiction where the victim

15 resides. The court shall provide all necessary information, including the defendant's

16 relationship to the victim, for entry of the order of protection into the Missouri Uniform

17 Law Enforcement System (MULES) and the National Crime Information Center (NCIC).

18 Upon receiving the order under this subsection, the sheriff shall make the entry into

19 MULES within twenty-four hours. MULES shall forward the order information to NCIC,

20 which will in turn make the order viewable within the National Instant Criminal

21 Background Check System (NICS). The sheriff shall enter information contained in the

22 order, including, but not limited to, any orders regarding child custody or visitation and

23 all specifics as to times and dates of custody or visitation that are provided in the order.

24 A notice of termination of any order of protection or any change in child custody or

25 visitation within that order shall be issued to the local law enforcement agency for entry

26 into MULES or any other comparable law enforcement system. The information

27 contained in an order of protection may be entered into MULES or any other comparable

28 law enforcement system using a direct automated data transfer from the court automated

29 system to the law enforcement system.

    527.270. 1. Hereafter every person desiring to change his or her name may present a

2 petition to that effect, verified by affidavit, to the circuit court in the county of the petitioner's

3 residence, which petition shall set forth the petitioner's full name, the new name desired, and a

4 concise statement of the reason for such desired change; and it shall be the duty of the judge of

5 such court to order such change to be made, and spread upon the records of the court, in proper

6 form, if such judge is satisfied that the desired change would be proper and not detrimental to

7 the interests of any other person.

8   2. Notwithstanding subsection 1 of this section, no person required to register

9 under sections 589.400 to 589.425 shall change his or her name for the period of time he

10 or she is required to register on the registry.

    544.667. In addition to the forfeiture of any security which was given or pledged

2 for a person's release, any person who, having been released upon a recognizance or bond

3 pursuant to any other provisions of law while pending preliminary hearing, trial,
CCS SS SCS HCS HBs 2637 & 3155                 44

4 sentencing, appeal, probation or parole revocation, or any other stage of a criminal matter

5 against him or her, knowingly violates any condition of release that imposes no contact

6 with specific individuals shall be guilty of a class A misdemeanor.

    556.061. In this code, unless the context requires a different definition, the following

2 terms shall mean:

3   (1) "Access", to instruct, communicate with, store data in, retrieve or extract data from,

4 or otherwise make any use of any resources of, a computer, computer system, or computer

5 network;

6   (2) "Affirmative defense":

7   (a) The defense referred to is not submitted to the trier of fact unless supported by

8 evidence; and

9   (b) If the defense is submitted to the trier of fact the defendant has the burden of

10 persuasion that the defense is more probably true than not;

11  (3) "Burden of injecting the issue":

12  (a) The issue referred to is not submitted to the trier of fact unless supported by

13 evidence; and

14  (b) If the issue is submitted to the trier of fact any reasonable doubt on the issue requires

15 a finding for the defendant on that issue;

16  (4) "Commercial film and photographic print processor", any person who develops

17 exposed photographic film into negatives, slides or prints, or who makes prints from negatives

18 or slides, for compensation. The term commercial film and photographic print processor shall

19 include all employees of such persons but shall not include a person who develops film or makes

20 prints for a public agency;

21  (5) "Computer", the box that houses the central processing unit (CPU), along with any

22 internal storage devices, such as internal hard drives, and internal communication devices, such

23 as internal modems capable of sending or receiving [electronic mail] email or fax cards, along

24 with any other hardware stored or housed internally. Thus, computer refers to hardware,

25 software and data contained in the main unit. Printers, external modems attached by cable to the

26 main unit, monitors, and other external attachments will be referred to collectively as peripherals

27 and discussed individually when appropriate. When the computer and all peripherals are

28 referred to as a package, the term "computer system" is used. Information refers to all the

29 information on a computer system including both software applications and data;

30  (6) "Computer equipment", computers, terminals, data storage devices, and all other

31 computer hardware associated with a computer system or network;

32  (7) "Computer hardware", all equipment which can collect, analyze, create, display,

33 convert, store, conceal or transmit electronic, magnetic, optical or similar computer impulses or

34 data. Hardware includes, but is not limited to, any data processing devices, such as central
CCS SS SCS HCS HBs 2637 & 3155                 45

35 processing units, memory typewriters and self-contained laptop or notebook computers; internal

36 and peripheral storage devices, transistor-like binary devices and other memory storage devices,

37 such as floppy disks, removable disks, compact disks, digital video disks, magnetic tape, hard

38 drive, optical disks and digital memory; local area networks, such as two or more computers

39 connected together to a central computer server via cable or modem; peripheral input or output

40 devices, such as keyboards, printers, scanners, plotters, video display monitors and optical

41 readers; and related communication devices, such as modems, cables and connections, recording

42 equipment, RAM or ROM units, acoustic couplers, automatic dialers, speed dialers,

43 programmable telephone dialing or signaling devices and electronic tone-generating devices; as

44 well as any devices, mechanisms or parts that can be used to restrict access to computer

45 hardware, such as physical keys and locks;

46  (8) "Computer network", two or more interconnected computers or computer systems;

47  (9) "Computer program", a set of instructions, statements, or related data that directs or

48 is intended to direct a computer to perform certain functions;

49  (10) "Computer software", digital information which can be interpreted by a computer

50 and any of its related components to direct the way they work. Software is stored in electronic,

51 magnetic, optical or other digital form. The term commonly includes programs to run operating

52 systems and applications, such as word processing, graphic, or spreadsheet programs, utilities,

53 compilers, interpreters and communications programs;

54  (11) "Computer-related documentation", written, recorded, printed or electronically

55 stored material which explains or illustrates how to configure or use computer hardware,

56 software or other related items;

57  (12) "Computer system", a set of related, connected or unconnected, computer

58 equipment, data, or software;

59  (13) "Confinement":

60  (a) A person is in confinement when such person is held in a place of confinement

61 pursuant to arrest or order of a court, and remains in confinement until:

62  a. A court orders the person's release; or

63  b. The person is released on bail, bond, or recognizance, personal or otherwise; or

64  c. A public servant having the legal power and duty to confine the person authorizes his

65 release without guard and without condition that he return to confinement;

66  (b) A person is not in confinement if:

67  a. The person is on probation or parole, temporary or otherwise; or

68  b. The person is under sentence to serve a term of confinement which is not continuous,

69 or is serving a sentence under a work-release program, and in either such case is not being held

70 in a place of confinement or is not being held under guard by a person having the legal power

71 and duty to transport the person to or from a place of confinement;
CCS SS SCS HCS HBs 2637 & 3155           46

72     (14) "Consent": consent or lack of consent may be expressed or implied. Assent does

73 not constitute consent if:

74     (a) It is given by a person who lacks the mental capacity to authorize the conduct

75 charged to constitute the offense and such mental incapacity is manifest or known to the actor;

76 or

77     (b) It is given by a person who by reason of youth, mental disease or defect, intoxication,

78 a drug-induced state, or any other reason is manifestly unable or known by the actor to be unable

79 to make a reasonable judgment as to the nature or harmfulness of the conduct charged to

80 constitute the offense; or

81     (c) It is induced by force, duress or deception;

82     (15) "Controlled substance", a drug, substance, or immediate precursor in Schedules I

83 through V as defined in chapter 195;

84     (16) "Criminal negligence", failure to be aware of a substantial and unjustifiable risk that

85 circumstances exist or a result will follow, and such failure constitutes a gross deviation from

86 the standard of care which a reasonable person would exercise in the situation;

87     (17) "Custody", a person is in custody when he or she has been arrested but has not been

88 delivered to a place of confinement;

89     (18) "Damage", when used in relation to a computer system or network, means any

90 alteration, deletion, or destruction of any part of the computer system or network;

91     (19) "Dangerous felony", the felonies [of] requiring eighty-five percent of the

92 imposed sentence to be served prior to parole eligibility, which are arson in the first degree,

93 assault in the first degree, attempted rape in the first degree if physical injury results, attempted

94 forcible rape if physical injury results, attempted sodomy in the first degree if physical injury

95 results, attempted forcible sodomy if physical injury results, rape in the first degree, forcible

96 rape, sodomy in the first degree, forcible sodomy, assault in the second degree if the victim of

97 such assault is a special victim as defined in subdivision (14) of section 565.002, kidnapping in

98 the first degree, kidnapping, murder in the second degree, assault of a law enforcement officer

99 in the first degree, domestic assault in the first degree, elder abuse in the first degree, robbery

100 in the first degree, armed criminal action, conspiracy to commit an offense when the offense is

101 a dangerous felony, vehicle hijacking when punished as a class A felony, statutory rape in the

102 first degree [when the victim is a child less than twelve years of age at the time of the

103 commission of the act giving rise to the offense], statutory sodomy in the first degree [when the

104 victim is a child less than twelve years of age at the time of the commission of the act giving rise

105 to the offense], child molestation in the first or second degree, abuse of a child if the child dies

106 as a result of injuries sustained from conduct chargeable under section 568.060, child

107 kidnapping, parental kidnapping committed by detaining or concealing the whereabouts of the

108 child for not less than one hundred twenty days under section 565.153, bus hijacking when
CCS SS SCS HCS HBs 2637 & 3155                   47

109 punished as a class A felony, planting a bomb or explosive in or near a bus or terminal, [and]

110 an "intoxication-related traffic offense" or "intoxication-related boating offense" if the person

111 is found to be a "habitual offender" or "habitual boating offender" as such terms are defined in

112 section 577.001, abuse through forced labor when punished under subsection 4 of section

113 566.203, trafficking for the purposes of slavery, involuntary servitude, peonage, or forced

114 labor or the attempt of such when punished under subsection 4 of section 566.206,

115 trafficking for the purposes of sexual exploitation or the attempt of such when the offense

116 was effected by force, abduction, or coercion, sexual trafficking of a child in the first

117 degree, sexual trafficking of a child in the second degree, a third violation of failure to

118 register as a sexual offender, and endangering the welfare of a child in the first degree

119 when punished under section 568.045;

120          (20) "Dangerous instrument", any instrument, article or substance, which, under the

121 circumstances in which it is used, is readily capable of causing death or other serious physical

122 injury;

123          (21) "Data", a representation of information, facts, knowledge, concepts, or instructions

124 prepared in a formalized or other manner and intended for use in a computer or computer

125 network. Data may be in any form including, but not limited to, printouts, microfiche, magnetic

126 storage media, punched cards and as may be stored in the memory of a computer;

127          (22) "Deadly weapon", any firearm, loaded or unloaded, or any weapon from which a

128 shot, readily capable of producing death or serious physical injury, may be discharged, or a

129 switchblade knife, dagger, billy club, blackjack or metal knuckles;

130          (23) "Digital camera", a camera that records images in a format which enables the

131 images to be downloaded into a computer;

132          (24) "Disability", a mental, physical, or developmental impairment that substantially

133 limits one or more major life activities or the ability to provide adequately for one's care or

134 protection, whether the impairment is congenital or acquired by accident, injury or disease,

135 where such impairment is verified by medical findings;

136          (25) "Elderly person", a person sixty years of age or older;

137          (26) "Felony", an offense so designated or an offense for which persons found guilty

138 thereof may be sentenced to death or imprisonment for a term of more than one year;

139          (27) "Forcible compulsion" either:

140          (a) Physical force that overcomes reasonable resistance; or

141          (b) A threat, express or implied, that places a person in reasonable fear of death, serious

142 physical injury or kidnapping of such person or another person;

143          (28) "Incapacitated", a temporary or permanent physical or mental condition in which

144 a person is unconscious, unable to appraise the nature of his or her conduct, or unable to

145 communicate unwillingness to an act;
CCS SS SCS HCS HBs 2637 & 3155                   48

146           (29) "Infraction", a violation defined by this code or by any other statute of this state if

147 it is so designated or if no sentence other than a fine, or fine and forfeiture or other civil penalty,

148 is authorized upon conviction;

149           (30) "Inhabitable structure", a vehicle, vessel or structure:

150           (a) Where any person lives or carries on business or other calling; or

151           (b) Where people assemble for purposes of business, government, education, religion,

152 entertainment, or public transportation; or

153           (c) Which is used for overnight accommodation of persons.

154

155 Any such vehicle, vessel, or structure is inhabitable regardless of whether a person is actually

156 present. If a building or structure is divided into separately occupied units, any unit not occupied

157 by the actor is an inhabitable structure of another;

158           (31) "Knowingly", when used with respect to:

159           (a) Conduct or attendant circumstances, means a person is aware of the nature of his or

160 her conduct or that those circumstances exist; or

161           (b) A result of conduct, means a person is aware that his or her conduct is practically

162 certain to cause that result;

163           (32) "Law enforcement officer", any public servant having both the power and duty to

164 make arrests for violations of the laws of this state, and federal law enforcement officers

165 authorized to carry firearms and to make arrests for violations of the laws of the United States;

166           (33) "Misdemeanor", an offense so designated or an offense for which persons found

167 guilty thereof may be sentenced to imprisonment for a term of which the maximum is one year

168 or less;

169           (34) "Of another", property that any entity, including but not limited to any natural

170 person, corporation, limited liability company, partnership, association, governmental

171 subdivision or instrumentality, other than the actor, has a possessory or proprietary interest

172 therein, except that property shall not be deemed property of another who has only a security

173 interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or

174 other security arrangement;

175           (35) "Offense", any felony or misdemeanor;

176           (36) "Physical injury", slight impairment of any function of the body or temporary loss

177 of use of any part of the body;

178           (37) "Place of confinement", any building or facility and the grounds thereof wherein

179 a court is legally authorized to order that a person charged with or convicted of a crime be held;

180           (38) "Possess" or "possessed", having actual or constructive possession of an object with

181 knowledge of its presence. A person has actual possession if such person has the object on his

182 or her person or within easy reach and convenient control. A person has constructive possession
CCS SS SCS HCS HBs 2637 & 3155           49

183 if such person has the power and the intention at a given time to exercise dominion or control

184 over the object either directly or through another person or persons. Possession may also be sole

185 or joint. If one person alone has possession of an object, possession is sole. If two or more

186 persons share possession of an object, possession is joint;

187  (39) "Property", anything of value, whether real or personal, tangible or intangible, in

188 possession or in action;

189  (40) "Public servant", any person employed in any way by a government of this state

190 who is compensated by the government by reason of such person's employment, any person

191 appointed to a position with any government of this state, or any person elected to a position

192 with any government of this state. It includes, but is not limited to, legislators, jurors, members

193 of the judiciary and law enforcement officers. It does not include witnesses;

194  (41) "Purposely", when used with respect to a person's conduct or to a result thereof,

195 means when it is his or her conscious object to engage in that conduct or to cause that result;

196  (42) "Recklessly", consciously disregarding a substantial and unjustifiable risk that

197 circumstances exist or that a result will follow, and such disregard constitutes a gross deviation

198 from the standard of care which a reasonable person would exercise in the situation;

199  (43) "Serious emotional injury", an injury that creates a substantial risk of temporary or

200 permanent medical or psychological damage, manifested by impairment of a behavioral,

201 cognitive or physical condition. Serious emotional injury shall be established by testimony of

202 qualified experts upon the reasonable expectation of probable harm to a reasonable degree of

203 medical or psychological certainty;

204  (44) "Serious physical injury", physical injury that creates a substantial risk of death or

205 that causes serious disfigurement or protracted loss or impairment of the function of any part of

206 the body;

207  (45) "Services", when used in relation to a computer system or network, means use of

208 a computer, computer system, or computer network and includes, but is not limited to, computer

209 time, data processing, and storage or retrieval functions;

210  (46) "Sexual orientation", male or female heterosexuality, homosexuality or bisexuality

211 by inclination, practice, identity or expression, or having a self-image or identity not traditionally

212 associated with one's gender;

213  (47) "Vehicle", a self-propelled mechanical device designed to carry a person or persons,

214 excluding vessels or aircraft;

215  (48) "Vessel", any boat or craft propelled by a motor or by machinery, whether or not

216 such motor or machinery is a principal source of propulsion used or capable of being used as a

217 means of transportation on water, or any boat or craft more than twelve feet in length which is

218 powered by sail alone or by a combination of sail and machinery, and used or capable of being
CCS SS SCS HCS HBs 2637 & 3155        50

219 used as a means of transportation on water, but not any boat or craft having, as the only means

220 of propulsion, a paddle or oars;

221  (49) "Voluntary act":

222  (a) A bodily movement performed while conscious as a result of effort or determination.

223 Possession is a voluntary act if the possessor knowingly procures or receives the thing

224 possessed, or having acquired control of it was aware of his or her control for a sufficient time

225 to have enabled him or her to dispose of it or terminate his or her control; or

226  (b) An omission to perform an act of which the actor is physically capable. A person

227 is not guilty of an offense based solely upon an omission to perform an act unless the law

228 defining the offense expressly so provides, or a duty to perform the omitted act is otherwise

229 imposed by law;

230  (50) "Vulnerable person", any person in the custody, care, or control of the department

231 of mental health who is receiving services from an operated, funded, licensed, or certified

232 program.

              [557.011. 1. Every person found guilty of an offense shall be dealt

2    with by the court in accordance with the provisions of this chapter, except that

3    for offenses defined outside this code and not repealed, the term of

4    imprisonment or the fine that may be imposed is that provided in the statute

5    defining the offense; however, the conditional release term of any sentence of

6    a term of years shall be determined as provided in subsection [4] 7 of section

7    558.011.

8             2. Whenever any person has been found guilty of a felony or a

9    misdemeanor the court shall make one or more of the following dispositions

10   of the offender in any appropriate combination. The court may:

11            (1) Sentence the person to a term of imprisonment as authorized by

12   chapter 558;

13            (2) Sentence the person to pay a fine as authorized by chapter 560;

14            (3) Suspend the imposition of sentence, with or without placing the

15   person on probation;

16            (4) Pronounce sentence and suspend its execution, placing the person

17   on probation;

18            (5) Impose a period of detention as a condition of probation, as

19   authorized by section 559.026.

20            3. Whenever any person has been found guilty of an infraction, the

21   court shall make one or more of the following dispositions of the offender in

22   any appropriate combination. The court may:

23            (1) Sentence the person to pay a fine as authorized by chapter 560;

24            (2) Suspend the imposition of sentence, with or without placing the

25   person on probation;

26            (3) Pronounce sentence and suspend its execution, placing the person

27   on probation.
CCS SS SCS HCS HBs 2637 & 3155           51

28                 4. Whenever any organization has been found guilty of an offense, the

29           court shall make one or more of the following dispositions of the organization

30           in any appropriate combination. The court may:

31                 (1) Sentence the organization to pay a fine as authorized by chapter

32           560;

33                 (2) Suspend the imposition of sentence, with or without placing the

34           organization on probation;

35                 (3) Pronounce sentence and suspend its execution, placing the

36           organization on probation;

37                 (4) Impose any special sentence or sanction authorized by law.

38                 5. This chapter shall not be construed to deprive the court of any

39           authority conferred by law to decree a forfeiture of property, suspend or

40           cancel a license, remove a person from office, or impose any other civil

41           penalty. An appropriate order exercising such authority may be included as

42           part of any sentence.

43                 6. In the event a sentence of confinement is ordered executed, a court

44           may order that an individual serve all or any portion of such sentence on

45           electronic monitoring; except that all costs associated with the electronic

46           monitoring shall be charged to the person on house arrest. If the judge finds

47           the person unable to afford the costs associated with electronic monitoring, the

48           judge may order that the person be placed on house arrest with electronic

49           monitoring if the county commission agrees to pay the costs of such

50           monitoring. If the person on house arrest is unable to afford the costs

51           associated with electronic monitoring and the county commission does not

52           agree to pay from the general revenue of the county the costs of such

53           electronic monitoring, the judge shall not order that the person be placed on

54           house arrest with electronic monitoring.]

    557.011. 1. Every person found guilty of an offense shall be dealt with by the court in

2 accordance with the provisions of this chapter, except that for offenses defined outside this code

3 and not repealed, the term of imprisonment or the fine that may be imposed is that provided in

4 the statute defining the offense; however, the conditional release term of any sentence of a term

5 of years shall be determined as provided in subsection [4] 7 of section 558.011.

6   2. Whenever any person has been found guilty of a felony or a misdemeanor the court

7 shall make one or more of the following dispositions of the offender in any appropriate

8 combination. The court may:

9   (1) Sentence the person to a term of imprisonment as authorized by chapter 558;

10  (2) Sentence the person to pay a fine as authorized by chapter 560;

11  (3) Suspend the imposition of sentence, with or without placing the person on probation;

12  (4) Pronounce sentence and suspend its execution, placing the person on probation;

13  (5) Impose a period of detention as a condition of probation, as authorized by section

14 559.026.
CCS SS SCS HCS HBs 2637 & 3155        52

15       3. Whenever any person has been found guilty of an infraction, the court shall make one

16 or more of the following dispositions of the offender in any appropriate combination. The court

17 may:

18       (1) Sentence the person to pay a fine as authorized by chapter 560;

19       (2) Suspend the imposition of sentence, with or without placing the person on probation;

20       (3) Pronounce sentence and suspend its execution, placing the person on probation.

21       4. Whenever any organization has been found guilty of an offense, the court shall make

22 one or more of the following dispositions of the organization in any appropriate combination.

23 The court may:

24       (1) Sentence the organization to pay a fine as authorized by chapter 560;

25       (2) Suspend the imposition of sentence, with or without placing the organization on

26 probation;

27       (3) Pronounce sentence and suspend its execution, placing the organization on

28 probation;

29       (4) Impose any special sentence or sanction authorized by law.

30       5. This chapter shall not be construed to deprive the court of any authority conferred by

31 law to decree a forfeiture of property, suspend or cancel a license, remove a person from office,

32 or impose any other civil penalty. An appropriate order exercising such authority may be

33 included as part of any sentence.

34       6. In the event a sentence of confinement is ordered executed, a court may order that an

35 individual serve all or any portion of such sentence on electronic monitoring; except that all

36 costs associated with the electronic monitoring shall be charged to the person on house arrest.

37 If the judge finds the person unable to afford the costs associated with electronic monitoring, the

38 judge may order that the person be placed on house arrest with electronic monitoring if the

39 county commission agrees to pay the costs of such monitoring. If the person on house arrest is

40 unable to afford the costs associated with electronic monitoring and the county commission does

41 not agree to pay from the general revenue of the county the costs of such electronic monitoring,

42 the judge shall not order that the person be placed on house arrest with electronic monitoring.

                   [557.021. 1. Any offense defined outside this code [which] that is

2        declared to be a misdemeanor without specification of the penalty therefor is

3        a class A misdemeanor.

4                  2. Any offense defined outside this code [which] that is declared to

5        be a felony without specification of the penalty therefor is a class E felony

6        and subject to the terms as provided in chapter 558.

7                  3. For the purpose of applying the extended term provisions of section

8        558.016 [and the minimum prison term provisions of] , the parole eligibility

9        provisions pursuant to section [558.019] 558.011 and for determining the

10       penalty for attempts, offenses defined outside of this code shall be classified
CCS SS SCS HCS HBs 2637 & 3155                      53

11  as follows:

12                 (1) If the offense is a felony:

13                 (a) It is a class A felony if the authorized penalty includes death, life

14  imprisonment or imprisonment for a term of twenty years or more;

15                 (b) It is a class B felony if the maximum term of imprisonment

16  authorized exceeds ten years but is less than twenty years;

17                 (c) It is a class C felony if the maximum term of imprisonment

18  authorized is ten years;

19                 (d) It is a class D felony if the maximum term of imprisonment

20  exceeds four years but is less than ten years;

21                 (e) It is a class E felony if the maximum term of imprisonment is four

22  years or less;

23                 (2) If the offense is a misdemeanor:

24                 (a) It is a class A misdemeanor if the authorized imprisonment

25  exceeds six months in jail;

26                 (b) It is a class B misdemeanor if the authorized imprisonment

27  exceeds thirty days but is not more than six months;

28                 (c) It is a class C misdemeanor if the authorized imprisonment is thirty

29  days or less;

30                 (d) It is a class D misdemeanor if it includes a mental state as an

31  element of the offense and there is no authorized imprisonment;

32                 (e) It is an infraction if there is no authorized imprisonment.]

             557.021. 1. Any offense defined outside this code [which] that is declared to be a
2 misdemeanor without specification of the penalty therefor is a class A misdemeanor.

3   2. Any offense defined outside this code [which] that is declared to be a felony without

4 specification of the penalty therefor is a class E felony and subject to the terms as provided

5 in chapter 558.

6   3. For the purpose of applying the extended term provisions of section 558.016 [and the

7 minimum prison term provisions of], the parole eligibility provisions pursuant to section

8 [558.019] 558.011 and for determining the penalty for attempts, offenses defined outside of this

9 code shall be classified as follows:

10  (1) If the offense is a felony:

11  (a) It is a class A felony if the authorized penalty includes death, life imprisonment or

12 imprisonment for a term of twenty years or more;

13  (b) It is a class B felony if the maximum term of imprisonment authorized exceeds ten

14 years but is less than twenty years;

15  (c) It is a class C felony if the maximum term of imprisonment authorized is ten years;

16  (d) It is a class D felony if the maximum term of imprisonment exceeds four years but

17 is less than ten years;

18  (e) It is a class E felony if the maximum term of imprisonment is four years or less;
CCS SS SCS HCS HBs 2637 & 3155                  54

19        (2) If the offense is a misdemeanor:

20        (a) It is a class A misdemeanor if the authorized imprisonment exceeds six months in

21 jail;

22        (b) It is a class B misdemeanor if the authorized imprisonment exceeds thirty days but

23 is not more than six months;

24        (c) It is a class C misdemeanor if the authorized imprisonment is thirty days or less;

25        (d) It is a class D misdemeanor if it includes a mental state as an element of the offense

26 and there is no authorized imprisonment;

27        (e) It is an infraction if there is no authorized imprisonment.

          [558.011. 1. The authorized terms of imprisonment, including both

2         prison and conditional release terms, for all offenses are as follows:

3         (1) For a class A felony, a term of years not less than ten years and not

4         to exceed thirty years, or life imprisonment, for which an offender shall

5         serve seventy percent of the imposed sentence prior to parole eligibility;

6         (2) For a class B felony, a term of years not less than five years and

7         not to exceed fifteen years, for which an offender shall serve fifty percent

8         of the imposed sentence prior to parole eligibility;

9         (3) For a class C felony, a term of years not less than three years and

10        not to exceed ten years, for which an offender shall serve:

11        (a) Forty percent of the imposed sentence prior to parole

12        eligibility for an offense under chapters 566, 568, and 573 that requires

13        registration as a sex offender under chapter 589;

14        (b) Thirty percent of the imposed sentence prior to parole

15        eligibility for a first offense other than an offense under paragraph (a) of

16        this subdivision;

17        (c) Thirty-five percent of the imposed sentence prior to parole

18        eligibility for a second offense other than an offense under paragraph (a)

19        of this subdivision;

20        (d) Fifty percent of the imposed sentence prior to parole eligibility

21        for a third or subsequent offense other than an offense under paragraph

22        (a) of this subdivision;

23        (4) For a class D felony, a term of years not to exceed seven years, for

24        which an offender shall serve:

25        (a) Twenty-five percent of the imposed sentence prior to parole

26        eligibility for an offense under chapters 566, 568, and 573 that requires

27        registration as a sex offender under chapter 589;

28        (b) Twenty percent of the imposed sentence prior to parole

29        eligibility for a first offense other than an offense under paragraph (a) of

30        this subdivision;

31        (c) Twenty-five percent of the imposed sentence prior to parole

32        eligibility for a second offense other than an offense under paragraph (a)

33        of this subdivision;
CCS SS SCS HCS HBs 2637 & 3155      55

34          (d) Fifty percent of the imposed sentence prior to parole eligibility

35  for a third or subsequent offense other than an offense under paragraph

36  (a) of this subdivision;

37          (5) For a class E felony, a term of years not to exceed four years, for

38  which an offender shall serve:

39          (a) Twenty-five percent of the imposed sentence prior to parole

40  eligibility for an offense under chapters 566, 568, and 573 that requires

41  registration as a sex offender under chapter 589;

42          (b) Fifteen percent of the imposed sentence prior to parole

43  eligibility for a first offense other than an offense under paragraph (a) of

44  this subdivision;

45          (c) Twenty percent of the imposed sentence prior to parole

46  eligibility for a second offense other than an offense under paragraph (a)

47  of this subdivision;

48          (d) Fifty percent of the imposed sentence prior to parole eligibility

49  for a third or subsequent offense other than an offense under paragraph

50  (a) of this subdivision;

51          (6) For a class A misdemeanor, a term not to exceed one year;

52          (7) For a class B misdemeanor, a term not to exceed six months;

53          (8) For a class C misdemeanor, a term not to exceed fifteen days.

54          2. When a person is sentenced to the authorized term of

55  imprisonment for a higher class than the offense for which the person was

56  found guilty under sections 558.016, 565.079, and 579.170, the person

57  shall also be sentenced to the parole eligibility percentage of the higher

58  class.

59          3. The authorized terms of imprisonment under subsections 1 and

60  2 of this section shall apply to all offenses, except if the terms for parole

61  eligibility otherwise provided by statute result in a higher parole

62  eligibility percentage, in which case the statute resulting in the higher

63  parole eligibility percentage shall apply.

64          4. The authorized terms of imprisonment under subsection 1 of

65  this section shall not apply to any offense where a suspended imposition

66  of sentence is imposed or where the matter is referred to an adult

67  treatment court as provided in chapter 478.

68          5. In cases of class D and E felonies, the court shall have discretion

69  to imprison for a special term not to exceed one year in the county jail or other

70  authorized penal institution, and the place of confinement shall be fixed by the

71  court. If the court imposes a sentence of imprisonment for a term longer than

72  one year upon a person convicted of a class D or E felony, it shall commit the

73  person to the custody of the department of corrections.

74          [3.] 6. (1) When a regular sentence of imprisonment for a felony is

75  imposed, the court shall commit the person to the custody of the department

76  of corrections for the term imposed under section 557.036, or until released

77  under procedures established elsewhere by law.
CCS SS SCS HCS HBs 2637 & 3155      56

78   (2) A sentence of imprisonment for a misdemeanor shall be for a

79   definite term and the court shall commit the person to the county jail or other

80   authorized penal institution for the term of his or her sentence or until released

81   under procedure established elsewhere by law.

82   [4.] 7. (1) Except as otherwise provided, a sentence of imprisonment

83   for a term of years for felonies other than dangerous felonies as defined in

84   section 556.061, and other than sentences of imprisonment which involve the

85   individual's fourth or subsequent remand to the department of corrections shall

86   consist of a prison term and a conditional release term. The conditional

87   release term of any term imposed under section 557.036 shall be:

88   (a) One-third for terms of nine years or less;

89   (b) Three years for terms between nine and fifteen years;

90   (c) Five years for terms more than fifteen years; and the prison term

91   shall be the remainder of such term. The prison term may be extended by the

92   parole board pursuant to subsection [5] 8 of this section.

93   (2) "Conditional release" means the conditional discharge of an

94   offender by the parole board, subject to conditions of release that the parole

95   board deems reasonable to assist the offender to lead a law-abiding life, and

96   subject to the supervision under the division of probation and parole. The

97   conditions of release shall include avoidance by the offender of any other

98   offense, federal or state, and other conditions that the parole board in its

99   discretion deems reasonably necessary to assist the releasee in avoiding

100  further violation of the law.

101  [5.] 8. The date of conditional release from the prison term may be

102  extended up to a maximum of the entire sentence of imprisonment by the

103  parole board. The director of any division of the department of corrections

104  except the division of probation and parole may file with the parole board a

105  petition to extend the conditional release date when an offender fails to follow

106  the rules and regulations of the division or commits an act in violation of such

107  rules. Within ten working days of receipt of the petition to extend the

108  conditional release date, the parole board shall convene a hearing on the

109  petition. The offender shall be present and may call witnesses in his or her

110  behalf and cross-examine witnesses appearing against the offender. The

111  hearing shall be conducted as provided in section 217.670. If the violation

112  occurs in close proximity to the conditional release date, the conditional

113  release may be held for a maximum of fifteen working days to permit

114  necessary time for the division director to file a petition for an extension with

115  the parole board and for the parole board to conduct a hearing, provided some

116  affirmative manifestation of an intent to extend the conditional release has

117  occurred prior to the conditional release date. If at the end of a fifteen-

118  working-day period a parole board decision has not been reached, the offender

119  shall be released conditionally. The decision of the parole board shall be final.

120  9. Any person who commits a class A or B felony or an offense

121  under chapters 566, 568, and 573 that requires registration as a sex
CCS SS SCS HCS HBs 2637 & 3155                57

122      offender under chapter 589, on or after January 1, 2028, shall not be

123      eligible for conditional release for that offense.

124      10. Notwithstanding any other provision of law to the contrary,

125      any offender who has been found guilty of a dangerous felony as defined

126      in section 556.061 and is committed to the department of corrections shall

127      be required to serve eighty-five percent of the sentence imposed by the

128      court prior to parole eligibility.

129      11. For the purpose of determining the minimum time required

130      to be served by the offender before he or she is eligible for parole, the

131      following calculations shall apply:

132      (1) A sentence of life shall be calculated to be thirty years; and

133      (2) Any sentence either alone or in the aggregate with other

134      consecutive sentences for offenses committed at or near the same time

135      that is over seventy-five years shall be calculated to be seventy-five years.

136      12. When consecutive sentences are imposed by a court, the

137      minimum percentage for each respective felony shall be met prior to

138      parole eligibility.

139      13. When concurrent sentences are imposed by a court, the person

140      shall serve the minimum required percentage for the longest sentence

141      prior to parole eligibility.]

             558.011. 1. The authorized terms of imprisonment, including both prison and
2 conditional release terms, for all offenses are as follows:

3        (1) For a class A felony, a term of years not less than ten years and not to exceed thirty

4 years, or life imprisonment, for which an offender shall serve seventy percent of the imposed

5 sentence prior to parole eligibility;

6        (2) For a class B felony, a term of years not less than five years and not to exceed fifteen

7 years, for which an offender shall serve fifty percent of the imposed sentence prior to

8 parole eligibility;

9        (3) For a class C felony, a term of years not less than three years and not to exceed ten

10 years, for which an offender shall serve:

11       (a) Forty percent of the imposed sentence prior to parole eligibility for a conviction

12 under chapter 566, 568, or 573 that requires registration as a sex offender under chapter

13 589;

14       (b) Thirty percent of the imposed sentence prior to parole eligibility for a first

15 conviction other than an offense under paragraph (a) of this subdivision;

16       (c) Thirty-five percent of the imposed sentence prior to parole eligibility for a

17 second conviction other than an offense under paragraph (a) of this subdivision;

18       (d) Fifty percent of the imposed sentence prior to parole eligibility for a third or

19 subsequent conviction other than an offense under paragraph (a) of this subdivision;
CCS SS SCS HCS HBs 2637 & 3155  58

20  (4) For a class D felony, a term of years not to exceed seven years, for which an

21 offender shall serve:

22  (a) Twenty-five percent of the imposed sentence prior to parole eligibility for a

23 conviction under chapter 566, 568, or 573 that requires registration as a sex offender under

24 chapter 589;

25  (b) Twenty percent of the imposed sentence prior to parole eligibility for a first

26 conviction other than an offense under paragraph (a) of this subdivision;

27  (c) Twenty-five percent of the imposed sentence prior to parole eligibility for a

28 second conviction other than an offense under paragraph (a) of this subdivision;

29  (d) Fifty percent of the imposed sentence prior to parole eligibility for a third or

30 subsequent conviction other than an offense under paragraph (a) of this subdivision;

31  (5) For a class E felony, a term of years not to exceed four years, for which an offender

32 shall serve:

33  (a) Twenty-five percent of the imposed sentence prior to parole eligibility for a

34 conviction under chapter 566, 568, or 573 that requires registration as a sex offender under

35 chapter 589;

36  (b) Fifteen percent of the imposed sentence prior to parole eligibility for a first

37 conviction other than an offense under paragraph (a) of this subdivision;

38  (c) Twenty percent of the imposed sentence prior to parole eligibility for a second

39 conviction other than an offense under paragraph (a) of this subdivision;

40  (d) Fifty percent of the imposed sentence prior to parole eligibility for a third or

41 subsequent conviction other than an offense under paragraph (a) of this subdivision;

42  (6) For a class A misdemeanor, a term not to exceed one year;

43  (7) For a class B misdemeanor, a term not to exceed six months;

44  (8) For a class C misdemeanor, a term not to exceed fifteen days.

45  2. When a person is sentenced to the authorized term of imprisonment for a higher

46 class than the offense for which the person was found guilty under section 558.016, 565.079,

47 or 579.170, the person shall also be sentenced to the parole eligibility percentage of the

48 higher class.

49  3. The authorized terms of imprisonment under subsections 1 and 2 of this section

50 shall apply to all offenses, except if the terms for parole eligibility otherwise provided by

51 statute result in a higher parole eligibility percentage, in which case the statute resulting

52 in the higher parole eligibility percentage shall apply.

53  4. The authorized terms of imprisonment under subsection 1 of this section shall

54 not apply to any offense where a suspended imposition of sentence is imposed or where the

55 matter is referred to an adult treatment court as provided in chapter 478.
CCS SS SCS HCS HBs 2637 & 3155        59

56  5. In cases of class D and E felonies, the court shall have discretion to imprison for a

57 special term not to exceed one year in the county jail or other authorized penal institution, and

58 the place of confinement shall be fixed by the court. If the court imposes a sentence of

59 imprisonment for a term longer than one year upon a person convicted of a class D or E felony,

60 it shall commit the person to the custody of the department of corrections.

61  [3.] 6. (1) When a regular sentence of imprisonment for a felony is imposed, the court

62 shall commit the person to the custody of the department of corrections for the term imposed

63 under section 557.036, or until released under procedures established elsewhere by law.

64  (2) A sentence of imprisonment for a misdemeanor shall be for a definite term and the

65 court shall commit the person to the county jail or other authorized penal institution for the term

66 of his or her sentence or until released under procedure established elsewhere by law.

67  [4.] 7. (1) Except as otherwise provided, a sentence of imprisonment for a term of years

68 for felonies other than dangerous felonies as defined in section 556.061, and other than sentences

69 of imprisonment which involve the individual's fourth or subsequent remand to the department

70 of corrections shall consist of a prison term and a conditional release term. The conditional

71 release term of any term imposed under section 557.036 shall be:

72  (a) One-third for terms of nine years or less;

73  (b) Three years for terms between nine and fifteen years;

74  (c) Five years for terms more than fifteen years; and the prison term shall be the

75 remainder of such term. The prison term may be extended by the parole board pursuant to

76 subsection [5] 8 of this section.

77  (2) "Conditional release" means the conditional discharge of an offender by the parole

78 board, subject to conditions of release that the parole board deems reasonable to assist the

79 offender to lead a law-abiding life, and subject to the supervision under the division of probation

80 and parole. The conditions of release shall include avoidance by the offender of any other

81 offense, federal or state, and other conditions that the parole board in its discretion deems

82 reasonably necessary to assist the releasee in avoiding further violation of the law.

83  [5.] 8. The date of conditional release from the prison term may be extended up to a

84 maximum of the entire sentence of imprisonment by the parole board. The director of any

85 division of the department of corrections except the division of probation and parole may file

86 with the parole board a petition to extend the conditional release date when an offender fails to

87 follow the rules and regulations of the division or commits an act in violation of such rules.

88 Within ten working days of receipt of the petition to extend the conditional release date, the

89 parole board shall convene a hearing on the petition. The offender shall be present and may call

90 witnesses in his or her behalf and cross-examine witnesses appearing against the offender. The

91 hearing shall be conducted as provided in section 217.670. If the violation occurs in close
CCS SS SCS HCS HBs 2637 & 3155                   60

92 proximity to the conditional release date, the conditional release may be held for a maximum of

93 fifteen working days to permit necessary time for the division director to file a petition for an

94 extension with the parole board and for the parole board to conduct a hearing, provided some

95 affirmative manifestation of an intent to extend the conditional release has occurred prior to the

96 conditional release date. If at the end of a fifteen-working-day period a parole board decision

97 has not been reached, the offender shall be released conditionally. The decision of the parole

98 board shall be final.

99   9. Any person who commits a class A or B felony or an offense under chapter 566,

100 568, or 573 that requires registration as a sex offender under chapter 589, on or after

101 January 1, 2028, shall not be eligible for conditional release for that offense.

102  10. Notwithstanding any other provision of law to the contrary, any offender who

103 has been found guilty of a dangerous felony as defined in section 556.061 and is committed

104 to the department of corrections shall be required to serve eighty-five percent of the

105 sentence imposed by the court prior to parole eligibility.

106  11. For the purpose of determining the minimum time required to be served by the

107 offender before he or she is eligible for parole, the following calculations shall apply:

108  (1) A sentence of life shall be calculated to be thirty years; and

109  (2) Any sentence either alone or in the aggregate with other consecutive sentences

110 for offenses committed at or near the same time that is over seventy-five years shall be

111 calculated to be seventy-five years.

112  12. When consecutive sentences are imposed by a court, the minimum percentage

113 for each respective felony shall be met prior to parole eligibility.

114  13. When concurrent sentences are imposed by a court, the person shall serve the

115 minimum required percentage for the longest sentence prior to parole eligibility.
                558.016. 1. The court may sentence a person who has been found guilty of an offense

2 to a term of imprisonment as authorized by section 558.011 or to a term of imprisonment

3 authorized by a statute governing the offense if it finds the defendant is a prior offender or a

4 persistent misdemeanor offender. The court [may] shall sentence a person to an extended term

5 of imprisonment if:

6    (1) The defendant is a persistent offender or a dangerous offender, and the person is

7 sentenced under subsection 7 of this section;

8    (2) The statute under which the person was found guilty contains a sentencing

9 enhancement provision that is based on a prior finding of guilt or a finding of prior criminal

10 conduct and the person is sentenced according to the statute; or

11   (3) A more specific sentencing enhancement provision applies that is based on a prior

12 finding of guilt or a finding of prior criminal conduct.
CCS SS SCS HCS HBs 2637 & 3155       61

13  2. A "prior offender" is one who has been found guilty of one felony.

14  3. A "persistent offender" is one who has been found guilty of two or more felonies

15 committed at different times, or one who has been previously found guilty of a dangerous felony

16 as defined in subdivision (19) of section 556.061.

17  4. A "dangerous offender" is one who:

18  (1) Is being sentenced for a felony during the commission of which he knowingly

19 murdered or endangered or threatened the life of another person or knowingly inflicted or

20 attempted or threatened to inflict serious physical injury on another person; and

21  (2) Has been found guilty of a class A or B felony or a dangerous felony.

22  5. A "persistent misdemeanor offender" is one who has been found guilty of two or more

23 offenses, committed at different times that are classified as A or B misdemeanors under the laws

24 of this state.

25  6. The findings of guilt shall be prior to the date of commission of the present offense.

26  7. The court shall sentence a person, who has been found to be a persistent offender or

27 a dangerous offender, and is found guilty of a class B, C, D, or E felony to the authorized term

28 of imprisonment for the offense that is one class higher than the offense for which the person is

29 found guilty.

                   [558.019. 1. [This section shall not be construed to affect the powers

2   of the governor under Article IV, Section 7, of the Missouri Constitution.

3   This statute shall not affect those provisions of section 565.020 or section

4   566.125, which set minimum terms of sentences, or the provisions of section

5   559.115, relating to probation.

6                  2. The provisions of subsections 2 to 5 of this section shall only be

7   applicable to the offenses contained in sections 565.021, 565.023, 565.024,

8   565.027, 565.050, 565.052, 565.054, 565.072, 565.073, 565.074, 565.090,

9   565.110, 565.115, 565.120, 565.153, 565.156, 565.225, 565.300, 566.030,

10  566.031, 566.032, 566.034, 566.060, 566.061, 566.062, 566.064, 566.067,

11  566.068, 566.069, 566.071, 566.083, 566.086, 566.100, 566.101, 566.103,

12  566.111, 566.115, 566.145, 566.151, 566.153, 566.203, 566.206, 566.209,

13  566.210, 566.211, 566.215, 568.030, 568.045, 568.060, 568.065, 568.175,

14  569.040, 569.160, 570.023, 570.025, 570.030 when punished as a class A, B,

15  or C felony, 570.145 when punished as a class A or B felony, 570.223 when

16  punished as a class B or C felony, 571.020, 571.030, 571.070, 573.023,

17  573.025, 573.035, 573.037, 573.200, 573.205, 574.070, 574.080, 574.115,

18  575.030, 575.150, 575.153, 575.155, 575.157, 575.200 when punished as a

19  class A felony, 575.210, 575.230 when punished as a class B felony, 575.240

20  when punished as a class B felony, 576.070, 576.080, 577.010, 577.013,

21  577.078, 577.703, 577.706, 579.065, and 579.068 when punished as a class

22  A or B felony. For the purposes of this section, "prison commitment" means

23  and is the receipt by the department of corrections of an offender after
CCS SS SCS HCS HBs 2637 & 3155  62

24  sentencing. For purposes of this section, prior prison commitments to the

25  department of corrections shall not include an offender's first incarceration

26  prior to release on probation under section 217.362 or 559.115. Other

27  provisions of the law to the contrary notwithstanding, any offender who has

28  been found guilty of a felony other than a dangerous felony as defined in

29  section 556.061 and is committed to the department of corrections shall be

30  required to serve the following minimum prison terms:

31          (1) If the offender has one previous prison commitment to the

32  department of corrections for a felony offense, the minimum prison term

33  which the offender must serve shall be forty percent of his or her sentence or

34  until the offender attains seventy years of age, and has served at least thirty

35  percent of the sentence imposed, whichever occurs first;

36          (2) If the offender has two previous prison commitments to the

37  department of corrections for felonies unrelated to the present offense, the

38  minimum prison term which the offender must serve shall be fifty percent of

39  his or her sentence or until the offender attains seventy years of age, and has

40  served at least forty percent of the sentence imposed, whichever occurs first;

41          (3) If the offender has three or more previous prison commitments to

42  the department of corrections for felonies unrelated to the present offense, the

43  minimum prison term which the offender must serve shall be eighty percent

44  of his or her sentence or until the offender attains seventy years of age, and

45  has served at least forty percent of the sentence imposed, whichever occurs

46  first.

47          3. Other provisions of the law to the contrary notwithstanding, any

48  offender who has been found guilty of a dangerous felony as defined in

49  section 556.061 and is committed to the department of corrections shall be

50  required to serve a minimum prison term of eighty-five percent of the sentence

51  imposed by the court or until the offender attains seventy years of age, and has

52  served at least forty percent of the sentence imposed, whichever occurs first.

53          4. For the purpose of determining the minimum prison term to be

54  served, the following calculations shall apply:

55          (1) A sentence of life shall be calculated to be thirty years;

56          (2) Any sentence either alone or in the aggregate with other

57  consecutive sentences for offenses committed at or near the same time which

58  is over seventy-five years shall be calculated to be seventy-five years.

59          5. For purposes of this section, the term "minimum prison term" shall

60  mean time required to be served by the offender before he or she is eligible for

61  parole, conditional release or other early release by the department of

62  corrections.

63          6. An offender who was convicted of, or pled guilty to, a felony

64  offense other than those offenses listed in subsection 2 of this section prior to

65  August 28, 2019, shall no longer be subject to the minimum prison term

66  provisions under subsection 2 of this section, and shall be eligible for parole,

67  conditional release, or other early release by the department of corrections
CCS SS SCS HCS HBs 2637 & 3155  63

68   according to the rules and regulations of the department.

69   7.] (1) A sentencing advisory commission is hereby created to consist

70   of eleven members. One member shall be appointed by the speaker of the

71   house. One member shall be appointed by the president pro tem of the senate.

72   One member shall be the director of the department of corrections. Six

73   members shall be appointed by and serve at the pleasure of the governor from

74   among the following: the public defender commission; private citizens; a

75   private member of the Missouri Bar; the board of probation and parole; and

76   a prosecutor. Two members shall be appointed by the supreme court, one

77   from a metropolitan area and one from a rural area. All members shall be

78   appointed to a four-year term. All members of the sentencing commission

79   appointed prior to August 28, 1994, shall continue to serve on the sentencing

80   advisory commission at the pleasure of the governor.

81   (2) The commission shall study sentencing practices in the circuit

82   courts throughout the state for the purpose of determining whether and to what

83   extent disparities exist among the various circuit courts with respect to the

84   length of sentences imposed and the use of probation for offenders convicted

85   of the same or similar offenses and with similar criminal histories. The

86   commission shall also study and examine whether and to what extent

87   sentencing disparity among economic and social classes exists in relation to

88   the sentence of death and if so, the reasons therefor, if sentences are

89   comparable to other states, if the length of the sentence is appropriate, and the

90   rate of rehabilitation based on sentence. It shall compile statistics, examine

91   cases, draw conclusions, and perform other duties relevant to the research and

92   investigation of disparities in death penalty sentencing among economic and

93   social classes.

94   (3) The commission shall study alternative sentences, prison work

95   programs, work release, home-based incarceration, probation and parole

96   options, and any other programs and report the feasibility of these options in

97   Missouri.

98   (4) The governor shall select a chairperson who shall call meetings of

99   the commission as required or permitted pursuant to the purpose of the

100  sentencing commission.

101  (5) The members of the commission shall not receive compensation

102  for their duties on the commission, but shall be reimbursed for actual and

103  necessary expenses incurred in the performance of these duties and for which

104  they are not reimbursed by reason of their other paid positions.

105  (6) The circuit and associate circuit courts of this state, the office of

106  the state courts administrator, the department of public safety, and the

107  department of corrections shall cooperate with the commission by providing

108  information or access to information needed by the commission. The office

109  of the state courts administrator will provide needed staffing resources.

110  [8.] 2. Courts shall retain discretion to lower or exceed the sentence

111  recommended by the commission as otherwise allowable by law, and to order
CCS SS SCS HCS HBs 2637 & 3155           64

112  restorative justice methods, when applicable.

113  [9.] 3. If the imposition or execution of a sentence is suspended, the

114  court may order any or all of the following restorative justice methods, or any

115  other method that the court finds just or appropriate:

116  (1) Restitution to any victim or a statutorily created fund for costs

117  incurred as a result of the offender's actions;

118  (2) Offender treatment programs;

119  (3) Mandatory community service;

120  (4) Work release programs in local facilities; and

121  (5) Community-based residential and nonresidential programs.

122  [10.] 4. Pursuant to subdivision (1) of subsection [9] 3 of this section,

123  the court may order the assessment and payment of a designated amount of

124  restitution to a county law enforcement restitution fund established by the

125  county commission pursuant to section 50.565. Such contribution shall not

126  exceed three hundred dollars for any charged offense. Any restitution moneys

127  deposited into the county law enforcement restitution fund pursuant to this

128  section shall only be expended pursuant to the provisions of section 50.565.

129  [11.] 5. A judge may order payment to a restitution fund only if such

130  fund had been created by ordinance or resolution of a county of the state of

131  Missouri prior to sentencing. A judge shall not have any direct supervisory

132  authority or administrative control over any fund to which the judge is

133  ordering a person to make payment.

134  [12.] 6. A person who fails to make a payment to a county law

135  enforcement restitution fund may not have his or her probation revoked solely

136  for failing to make such payment unless the judge, after evidentiary hearing,

137  makes a finding supported by a preponderance of the evidence that the person

138  either willfully refused to make the payment or that the person willfully,

139  intentionally, and purposefully failed to make sufficient bona fide efforts to

140  acquire the resources to pay.

141  [13.] 7. Nothing in this section shall be construed to allow the

142  sentencing advisory commission to issue recommended sentences in specific

143  cases pending in the courts of this state.]

             558.019. 1. [This section shall not be construed to affect the powers of the governor
2 under Article IV, Section 7, of the Missouri Constitution. This statute shall not affect those
3 provisions of section 565.020 or section 566.125, which set minimum terms of sentences, or the
4 provisions of section 559.115, relating to probation.

5    2. The provisions of subsections 2 to 5 of this section shall only be applicable to the

6 offenses contained in sections 565.021, 565.023, 565.024, 565.027, 565.050, 565.052, 565.054,

7 565.072, 565.073, 565.074, 565.090, 565.110, 565.115, 565.120, 565.153, 565.156, 565.225,

8 565.300, 566.030, 566.031, 566.032, 566.034, 566.060, 566.061, 566.062, 566.064, 566.067,

9 566.068, 566.069, 566.071, 566.083, 566.086, 566.100, 566.101, 566.103, 566.111, 566.115,
CCS SS SCS HCS HBs 2637 & 3155  65

10 566.145, 566.151, 566.153, 566.203, 566.206, 566.209, 566.210, 566.211, 566.215, 568.030,

11 568.045, 568.060, 568.065, 568.175, 569.040, 569.160, 570.023, 570.025, 570.030 when

12 punished as a class A, B, or C felony, 570.145 when punished as a class A or B felony, 570.223

13 when punished as a class B or C felony, 571.020, 571.030, 571.070, 573.023, 573.025, 573.035,

14 573.037, 573.200, 573.205, 574.070, 574.080, 574.115, 575.030, 575.150, 575.153, 575.155,

15 575.157, 575.200 when punished as a class A felony, 575.210, 575.230 when punished as a class

16 B felony, 575.240 when punished as a class B felony, 576.070, 576.080, 577.010, 577.013,

17 577.078, 577.703, 577.706, 579.065, and 579.068 when punished as a class A or B felony. For

18 the purposes of this section, "prison commitment" means and is the receipt by the department

19 of corrections of an offender after sentencing. For purposes of this section, prior prison

20 commitments to the department of corrections shall not include an offender's first incarceration

21 prior to release on probation under section 217.362 or 559.115. Other provisions of the law to

22 the contrary notwithstanding, any offender who has been found guilty of a felony other than a

23 dangerous felony as defined in section 556.061 and is committed to the department of

24 corrections shall be required to serve the following minimum prison terms:

25  (1) If the offender has one previous prison commitment to the department of corrections

26 for a felony offense, the minimum prison term which the offender must serve shall be forty

27 percent of his or her sentence or until the offender attains seventy years of age, and has served

28 at least thirty percent of the sentence imposed, whichever occurs first;

29  (2) If the offender has two previous prison commitments to the department of corrections

30 for felonies unrelated to the present offense, the minimum prison term which the offender must

31 serve shall be fifty percent of his or her sentence or until the offender attains seventy years of

32 age, and has served at least forty percent of the sentence imposed, whichever occurs first;

33  (3) If the offender has three or more previous prison commitments to the department of

34 corrections for felonies unrelated to the present offense, the minimum prison term which the

35 offender must serve shall be eighty percent of his or her sentence or until the offender attains

36 seventy years of age, and has served at least forty percent of the sentence imposed, whichever

37 occurs first.

38  3. Other provisions of the law to the contrary notwithstanding, any offender who has

39 been found guilty of a dangerous felony as defined in section 556.061 and is committed to the

40 department of corrections shall be required to serve a minimum prison term of eighty-five

41 percent of the sentence imposed by the court or until the offender attains seventy years of age,

42 and has served at least forty percent of the sentence imposed, whichever occurs first.

43  4. For the purpose of determining the minimum prison term to be served, the following

44 calculations shall apply:

45  (1) A sentence of life shall be calculated to be thirty years;
CCS SS SCS HCS HBs 2637 & 3155                  66

46  (2) Any sentence either alone or in the aggregate with other consecutive sentences for

47 offenses committed at or near the same time which is over seventy-five years shall be calculated

48 to be seventy-five years.

49  5. For purposes of this section, the term "minimum prison term" shall mean time

50 required to be served by the offender before he or she is eligible for parole, conditional release

51 or other early release by the department of corrections.

52  6. An offender who was convicted of, or pled guilty to, a felony offense other than those

53 offenses listed in subsection 2 of this section prior to August 28, 2019, shall no longer be subject

54 to the minimum prison term provisions under subsection 2 of this section, and shall be eligible

55 for parole, conditional release, or other early release by the department of corrections according

56 to the rules and regulations of the department.

57  7.] (1) A sentencing advisory commission is hereby created to consist of eleven

58 members. One member shall be appointed by the speaker of the house. One member shall be

59 appointed by the president pro tem of the senate. One member shall be the director of the

60 department of corrections. Six members shall be appointed by and serve at the pleasure of the

61 governor from among the following: the public defender commission; private citizens; a private

62 member of the Missouri Bar; the board of probation and parole; and a prosecutor. Two members

63 shall be appointed by the supreme court, one from a metropolitan area and one from a rural area.

64 All members shall be appointed to a four-year term. All members of the sentencing commission

65 appointed prior to August 28, 1994, shall continue to serve on the sentencing advisory

66 commission at the pleasure of the governor.

67  (2) The commission shall study sentencing practices in the circuit courts throughout the

68 state for the purpose of determining whether and to what extent disparities exist among the

69 various circuit courts with respect to the length of sentences imposed and the use of probation

70 for offenders convicted of the same or similar offenses and with similar criminal histories. The

71 commission shall also study and examine whether and to what extent sentencing disparity among

72 economic and social classes exists in relation to the sentence of death and if so, the reasons

73 therefor, if sentences are comparable to other states, if the length of the sentence is appropriate,

74 and the rate of rehabilitation based on sentence. It shall compile statistics, examine cases, draw

75 conclusions, and perform other duties relevant to the research and investigation of disparities in

76 death penalty sentencing among economic and social classes.

77  (3) The commission shall study alternative sentences, prison work programs, work

78 release, home-based incarceration, probation and parole options, and any other programs and

79 report the feasibility of these options in Missouri.

80  (4) The governor shall select a chairperson who shall call meetings of the commission

81 as required or permitted pursuant to the purpose of the sentencing commission.
CCS SS SCS HCS HBs 2637 & 3155                 67

82           (5) The members of the commission shall not receive compensation for their duties on

83 the commission, but shall be reimbursed for actual and necessary expenses incurred in the

84 performance of these duties and for which they are not reimbursed by reason of their other paid

85 positions.

86           (6) The circuit and associate circuit courts of this state, the office of the state courts

87 administrator, the department of public safety, and the department of corrections shall cooperate

88 with the commission by providing information or access to information needed by the

89 commission. The office of the state courts administrator will provide needed staffing resources.

90           [8.] 2. Courts shall retain discretion to lower or exceed the sentence recommended by

91 the commission as otherwise allowable by law, and to order restorative justice methods, when

92 applicable.

93           [9.] 3. If the imposition or execution of a sentence is suspended, the court may order any

94 or all of the following restorative justice methods, or any other method that the court finds just

95 or appropriate:

96           (1) Restitution to any victim or a statutorily created fund for costs incurred as a result

97 of the offender's actions;

98           (2) Offender treatment programs;

99           (3) Mandatory community service;

100          (4) Work release programs in local facilities; and

101          (5) Community-based residential and nonresidential programs.

102          [10.] 4. Pursuant to subdivision (1) of subsection [9] 3 of this section, the court may

103 order the assessment and payment of a designated amount of restitution to a county law

104 enforcement restitution fund established by the county commission pursuant to section 50.565.

105 Such contribution shall not exceed three hundred dollars for any charged offense. Any

106 restitution moneys deposited into the county law enforcement restitution fund pursuant to this

107 section shall only be expended pursuant to the provisions of section 50.565.

108          [11.] 5. A judge may order payment to a restitution fund only if such fund had been

109 created by ordinance or resolution of a county of the state of Missouri prior to sentencing. A

110 judge shall not have any direct supervisory authority or administrative control over any fund to

111 which the judge is ordering a person to make payment.

112          [12.] 6. A person who fails to make a payment to a county law enforcement restitution

113 fund may not have his or her probation revoked solely for failing to make such payment unless

114 the judge, after evidentiary hearing, makes a finding supported by a preponderance of the

115 evidence that the person either willfully refused to make the payment or that the person willfully,

116 intentionally, and purposefully failed to make sufficient bona fide efforts to acquire the resources

117 to pay.
CCS SS SCS HCS HBs 2637 & 3155                68

118  [13.] 7. Nothing in this section shall be construed to allow the sentencing advisory

119 commission to issue recommended sentences in specific cases pending in the courts of this state.

     [558.026. 1. Multiple sentences of imprisonment shall run

2    concurrently unless the court specifies that they shall run consecutively;

3    except in the case of multiple sentences of imprisonment imposed for any

4    offense committed during or at the same time as, or multiple offenses of, the

5    following felonies:

6    (1) Rape in the first degree, forcible rape, or rape;

7    (2) Statutory rape in the first degree;

8    (3) Sodomy in the first degree, forcible sodomy, or sodomy;

9    (4) Statutory sodomy in the first degree; or

10   (5) An attempt to commit any of the felonies listed in this subsection.

11   In such case, the sentence of imprisonment imposed for any felony listed in

12   this subsection or an attempt to commit any of the aforesaid shall run

13   consecutively to the other sentences. The sentences imposed for any other

14   offense may run concurrently.

15   2. If a person who is on probation, parole or conditional release is

16   sentenced to a term of imprisonment for an offense committed after the

17   granting of probation or parole or after the start of his or her conditional

18   release term, the court shall direct the manner in which the sentence or

19   sentences imposed by the court shall run with respect to any resulting

20   probation, parole or conditional release revocation term or terms. If the

21   subsequent sentence to imprisonment is in another jurisdiction, the court shall

22   specify how any resulting probation, parole or conditional release revocation

23   term or terms shall run with respect to the foreign sentence of imprisonment.

24   3. A court may cause any sentence it imposes to run concurrently with

25   a sentence an individual is serving or is to serve in another state or in a federal

26   correctional center. If the Missouri sentence is served in another state or in

27   a federal correctional center, subsection [4] 7 of section 558.011 and section

28   217.690 shall apply as if the individual were serving his or her sentence within

29   the department of corrections of the state of Missouri, except that a personal

30   hearing before the parole board shall not be required for parole consideration.]

             558.026. 1. Multiple sentences of imprisonment shall run concurrently unless the court
2 specifies that they shall run consecutively; except in the case of multiple sentences of
3 imprisonment imposed for any offense committed during or at the same time as, or multiple
4 offenses of, the following felonies:

5    (1) Rape in the first degree, forcible rape, or rape;

6    (2) Statutory rape in the first degree;

7    (3) Sodomy in the first degree, forcible sodomy, or sodomy;

8    (4) Statutory sodomy in the first degree; or

9    (5) An attempt to commit any of the felonies listed in this subsection. In such case, the
CCS SS SCS HCS HBs 2637 & 3155    69

10 sentence of imprisonment imposed for any felony listed in this subsection or an attempt to

11 commit any of the aforesaid shall run consecutively to the other sentences. The sentences

12 imposed for any other offense may run concurrently.

13  2. If a person who is on probation, parole or conditional release is sentenced to a term

14 of imprisonment for an offense committed after the granting of probation or parole or after the

15 start of his or her conditional release term, the court shall direct the manner in which the

16 sentence or sentences imposed by the court shall run with respect to any resulting probation,

17 parole or conditional release revocation term or terms. If the subsequent sentence to

18 imprisonment is in another jurisdiction, the court shall specify how any resulting probation,

19 parole or conditional release revocation term or terms shall run with respect to the foreign

20 sentence of imprisonment.

21  3. A court may cause any sentence it imposes to run concurrently with a sentence an

22 individual is serving or is to serve in another state or in a federal correctional center. If the

23 Missouri sentence is served in another state or in a federal correctional center, subsection [4] 7

24 of section 558.011 and section 217.690 shall apply as if the individual were serving his or her

25 sentence within the department of corrections of the state of Missouri, except that a personal

26 hearing before the parole board shall not be required for parole consideration.

    [558.031. 1. A sentence of imprisonment shall commence when a

2   person convicted of an offense in this state is received into the custody of the

3   department of corrections or other place of confinement where the offender

4   is sentenced.

5   2. [Such] When placing a person on probation for a suspended

6   imposition of sentence, probation for a suspended execution of sentence,

7   or when executing a sentence of imprisonment, the court shall record, as

8   part of each judgment, the number of days the person [shall receive credit

9   toward the service of a sentence of imprisonment for all time] was in prison,

10  jail, or custody, that was related to the offense, after the offense occurred

11  and before [the commencement of the sentence, when the time in custody was

12  related to that offense] being sentenced to imprisonment and the defendant

13  shall be awarded credit toward the service of a sentence of imprisonment

14  for that number of days. [This] The jail time credit calculation shall be

15  based upon the certification of the sheriff as provided in subdivision (3) of

16  subsection 2 of section 217.305 and may be supplemented by a certificate of

17  a sheriff or other custodial officer from another jurisdiction having held the

18  person on the charge of the offense for which the sentence of imprisonment

19  is ordered and shall be pronounced at the time of the judgment, the

20  execution of a suspended sentence, or the suspension of imposition of

21  sentence, shall be included in the record, and shall include both the dates

22  the person was in custody and the number of days to be credited toward

23  the service of the sentence.
CCS SS SCS HCS HBs 2637 & 3155      70

24  3. For purposes of this section, time in custody related to an

25  offense includes time during which the offense was charged in a criminal

26  proceeding, there was an arrest warrant issued in said criminal

27  proceeding, and the arrest warrant was served upon the person, and

28  includes time served on house arrest. The person shall not be entitled to

29  any credit toward the service of a sentence of imprisonment for any time

30  such person was not being held on said arrest warrant because such

31  person posted bond, the arrest warrant was recalled, or the person was

32  otherwise released.

33  4. The court may take judicial notice of all time the person has

34  served in prison, jail, or custody, or on house arrest for a criminal

35  proceeding by comparing dates of service on arrest warrants with

36  evidence contained within the court file of dates of release and the

37  prosecution and defense attorney may enter into a stipulation with regard

38  to credit for the service of a sentence of imprisonment for all time in

39  prison, jail, or custody, or on house arrest except in no event may the

40  court approve a stipulation that is greater than or less than the time in

41  custody related to an offense.

42  5. Upon motion and notice by defendant or defense counsel, for

43  any such person who was held in a juvenile detention facility for an

44  offense for which such person was subsequently adjudicated to stand trial

45  as an adult, the court may also award credit toward the service of a

46  sentence of imprisonment for any time such person was confined in a

47  juvenile detention facility.

48  6. In the event a criminal proceeding related to an offense is

49  dismissed without prejudice by a court or nolle prossed by the state, upon

50  motion and notice by defendant or defense counsel, the proceeding may

51  be consolidated into the present matter for purposes of calculating credit

52  for the service of a sentence of imprisonment.

53  7. The officer required by law to deliver a person convicted of an

54  offense in this state to the department of corrections shall endorse upon the

55  papers required by section 217.305 both the dates the offender was in custody

56  and the period of time to be credited toward the service of the sentence of

57  imprisonment, [except as endorsed by such officer] included in the judgment

58  or suspended imposition of sentence and such additional days after the

59  pronouncement of sentence and before the delivery of the person to the

60  department of corrections.

61  [4.] 8. If a person convicted of an offense escapes from custody, such

62  escape shall interrupt the sentence. The interruption shall continue until such

63  person is returned to the correctional center where the sentence was being

64  served, or in the case of a person committed to the custody of the department

65  of corrections, to any correctional center operated by the department of

66  corrections. An escape shall also interrupt the jail time credit to be applied to

67  a sentence which had not commenced when the escape occurred.
CCS SS SCS HCS HBs 2637 & 3155      71

68  [5.] 9. If a sentence of imprisonment is vacated and a new sentence

69  imposed upon the offender for that offense, all time served under the vacated

70  sentence shall be credited against the new sentence, unless the time has

71  already been credited to another sentence as provided in subsection 1 of this

72  section.

73  [6.] 10. If a person released from imprisonment on parole or serving

74  a conditional release term violates any of the conditions of his or her parole

75  or release, he or she may be treated as a parole violator. If the parole board

76  revokes the parole or conditional release, the paroled person shall serve the

77  remainder of the prison term and conditional release term, as an additional

78  prison term, and the conditionally released person shall serve the remainder

79  of the conditional release term as a prison term, unless released on parole.

80  [7. Subsection 2 of this section shall be applicable to offenses for

81  which the offender was sentenced on or after August 28, 2023.

82  8. The total amount of credit given shall not exceed the number of

83  days spent in prison, jail, or custody after the offense occurred and before the

84  commencement of the sentence.]

85            11. A person may only challenge credit awarded or not awarded

86  pursuant to this section by the filing of a petition for a writ of habeas

87  corpus. ]

             558.031. 1. A sentence of imprisonment shall commence when a person convicted of
2 an offense in this state is received into the custody of the department of corrections or other
3 place of confinement where the offender is sentenced.

4   2. [Such] When placing a person on probation for a suspended imposition of

5 sentence, probation for a suspended execution of sentence, or when executing a sentence

6 of imprisonment, the court shall record, as part of each judgment, the number of days the

7 person [shall receive credit toward the service of a sentence of imprisonment for all time] was

8 in prison, jail, or custody, that was related to the offense, after the offense occurred and before

9 [the commencement of the sentence, when the time in custody was related to that offense] being

10 sentenced to imprisonment and the defendant shall be awarded credit toward the service

11 of a sentence of imprisonment for that number of days. [This] The jail time credit

12 calculation shall be based upon the certification of the sheriff as provided in subdivision (3) of

13 subsection 2 of section 217.305 and may be supplemented by a certificate of a sheriff or other

14 custodial officer from another jurisdiction having held the person on the charge of the offense

15 for which the sentence of imprisonment is ordered and shall be pronounced at the time of the

16 judgment, the execution of a suspended sentence, or the suspension of imposition of

17 sentence, shall be included in the record, and shall include both the dates the person was

18 in custody and the number of days to be credited toward the service of the sentence.

19  3. For purposes of this section, time in custody related to an offense includes time
CCS SS SCS HCS HBs 2637 & 3155   72

20 during which the offense was charged in a criminal proceeding, there was an arrest

21 warrant issued in said criminal proceeding, and the arrest warrant was served upon the

22 person, and includes time served on house arrest. The person shall not be entitled to any

23 credit toward the service of a sentence of imprisonment for any time such person was not

24 being held on said arrest warrant because such person posted bond, the arrest warrant was

25 recalled, or the person was otherwise released.

26  4. The court may take judicial notice of all time the person has served in prison,

27 jail, or custody, or on house arrest for a criminal proceeding by comparing dates of service

28 on arrest warrants with evidence contained within the court file of dates of release and the

29 prosecution and defense attorney may enter into a stipulation with regard to credit for the

30 service of a sentence of imprisonment for all time in prison, jail, or custody, or on house

31 arrest except in no event may the court approve a stipulation that is greater than or less

32 than the time in custody related to an offense.

33  5. Upon motion and notice by defendant or defense counsel, for any such person

34 who was held in a juvenile detention facility for an offense for which such person was

35 subsequently adjudicated to stand trial as an adult, the court may also award credit toward

36 the service of a sentence of imprisonment for any time such person was confined in a

37 juvenile detention facility.

38  6. In the event a criminal proceeding related to an offense is dismissed without

39 prejudice by a court or nolle prossed by the state, upon motion and notice by defendant or

40 defense counsel, the proceeding may be consolidated into the present matter for purposes

41 of calculating credit for the service of a sentence of imprisonment.

42  7. The officer required by law to deliver a person convicted of an offense in this state

43 to the department of corrections shall endorse upon the papers required by section 217.305 both

44 the dates the offender was in custody and the period of time to be credited toward the service of

45 the sentence of imprisonment, [except as endorsed by such officer] included in the judgment

46 or suspended imposition of sentence and such additional days after the pronouncement of

47 sentence and before the delivery of the person to the department of corrections.

48  [4.] 8. If a person convicted of an offense escapes from custody, such escape shall

49 interrupt the sentence. The interruption shall continue until such person is returned to the

50 correctional center where the sentence was being served, or in the case of a person committed

51 to the custody of the department of corrections, to any correctional center operated by the

52 department of corrections. An escape shall also interrupt the jail time credit to be applied to a

53 sentence which had not commenced when the escape occurred.

54  [5.] 9. If a sentence of imprisonment is vacated and a new sentence imposed upon the

55 offender for that offense, all time served under the vacated sentence shall be credited against the
CCS SS SCS HCS HBs 2637 & 3155             73

56 new sentence, unless the time has already been credited to another sentence as provided in

57 subsection 1 of this section.

58  [6.] 10. If a person released from imprisonment on parole or serving a conditional

59 release term violates any of the conditions of his or her parole or release, he or she may be

60 treated as a parole violator. If the parole board revokes the parole or conditional release, the

61 paroled person shall serve the remainder of the prison term and conditional release term, as an

62 additional prison term, and the conditionally released person shall serve the remainder of the

63 conditional release term as a prison term, unless released on parole.

64  [7. Subsection 2 of this section shall be applicable to offenses for which the offender was

65 sentenced on or after August 28, 2023.

66  8. The total amount of credit given shall not exceed the number of days spent in prison,

67 jail, or custody after the offense occurred and before the commencement of the sentence.]

68  11. A person may only challenge credit awarded or not awarded pursuant to this

69 section by the filing of a petition for a writ of habeas corpus.

    [558.046. The sentencing court may, upon petition, reduce any term

2   of sentence or probation pronounced by the court or a term of conditional

3   release or parole pronounced by the parole board if the court determines that:

4   (1) The convicted person was:

5   (a) Convicted of an offense that did not involve violence or the threat

6   of violence; and

7   (b) Convicted of an offense that involved alcohol or illegal drugs; and

8   (2) Since the commission of such offense, the convicted person has

9   successfully completed a detoxification and rehabilitation program; and

10  (3) The convicted person is not:

11  (a) A prior offender, a persistent offender, a dangerous offender or a

12  persistent misdemeanor offender as defined by section 558.016; or

13  (b) A persistent sexual offender as defined in section 566.125[; or

14  (c) A prior offender, a persistent offender or a class X offender as

15  defined in section 558.019].]

             558.046. The sentencing court may, upon petition, reduce any term of sentence or
2 probation pronounced by the court or a term of conditional release or parole pronounced by the
3 parole board if the court determines that:

4   (1) The convicted person was:

5   (a) Convicted of an offense that did not involve violence or the threat of violence; and

6   (b) Convicted of an offense that involved alcohol or illegal drugs; and

7   (2) Since the commission of such offense, the convicted person has successfully

8 completed a detoxification and rehabilitation program; and

9   (3) The convicted person is not:
CCS SS SCS HCS HBs 2637 & 3155  74

10  (a) A prior offender, a persistent offender, a dangerous offender or a persistent

11 misdemeanor offender as defined by section 558.016; or

12  (b) A persistent sexual offender as defined in section 566.125[; or

13  (c) A prior offender, a persistent offender or a class X offender as defined in section

14 558.019].

              [559.115. 1. Neither probation nor parole shall be granted by the

2   circuit court between the time the transcript on appeal from the offender's

3   conviction has been filed in appellate court and the disposition of the appeal

4   by such court.

5             2. Unless otherwise prohibited by subsection [8] 7 of this section, a

6   circuit court only upon its own motion and not that of the state or the offender

7   shall have the power to grant probation to an offender anytime up to one

8   hundred twenty days after such offender has been delivered to the department

9   of corrections but not thereafter. The court may request information and a

10  recommendation from the department concerning the offender and such

11  offender's behavior during the period of incarceration. Except as provided in

12  this section, the court may place the offender on probation in a program

13  created pursuant to section 217.777, or may place the offender on probation

14  with any other conditions authorized by law.

15            3. The court may recommend placement of an offender in a

16  department of corrections one hundred twenty-day program under this

17  subsection. The department of corrections shall assess each offender to

18  determine the appropriate one hundred twenty-day program in which to place

19  the offender, which may include placement in the structured cognitive

20  behavioral intervention program or institutional treatment program. The

21  placement of an offender in the structured cognitive behavioral intervention

22  program or institutional treatment program shall be at the sole discretion of the

23  department based on the assessment of the offender and available bed space.

24  When the court recommends and receives placement of an offender in a

25  department of corrections one hundred twenty-day program, the offender shall

26  be released on probation if the department of corrections determines that the

27  offender has successfully completed the program except as follows. Upon

28  successful completion of a program under this subsection, the division of

29  probation and parole shall advise the sentencing court of an offender's

30  probationary release date thirty days prior to release. The court shall follow

31  the recommendation of the department unless the court determines that

32  probation is not appropriate. If the court determines that probation is not

33  appropriate, the court may order the execution of the offender's sentence only

34  after conducting a hearing on the matter within ninety to one hundred twenty

35  days from the date the offender was delivered to the department of

36  corrections. If the department determines the offender has not successfully

37  completed a one hundred twenty-day program under this subsection, the

38  division of probation and parole shall advise the prosecuting attorney and the
CCS SS SCS HCS HBs 2637 & 3155  75

39  sentencing court of the defendant's unsuccessful program exit and the

40  defendant shall be removed from the program. The department shall report

41  on the offender's participation in the program and may provide

42  recommendations for terms and conditions of an offender's probation. The

43  court shall then have the power to grant probation or order the execution of

44  the offender's sentence.

45  4. If the court is advised that an offender is not eligible for placement

46  in a one hundred twenty-day program under subsection 3 of this section, the

47  court shall consider other authorized dispositions. If the department of

48  corrections one hundred twenty-day program under subsection 3 of this

49  section is full, the court may place the offender in a private program approved

50  by the department of corrections or the court, the expenses of such program

51  to be paid by the offender, or in an available program offered by another

52  organization. If the offender is convicted of a class C, class D, or class E

53  nonviolent felony, the court may order probation while awaiting appointment

54  to treatment.

55  5. Except when the offender has been found to be a predatory sexual

56  offender pursuant to section 566.125, the court shall request the department

57  of corrections to conduct a sexual offender assessment if the defendant has

58  been found guilty of sexual abuse when classified as a class B felony. Upon

59  completion of the assessment, the department shall provide to the court a

60  report on the offender and may provide recommendations for terms and

61  conditions of an offender's probation. The assessment shall not be considered

62  a one hundred twenty-day program as provided under subsection 3 of this

63  section. The process for granting probation to an offender who has completed

64  the assessment shall be as provided under subsections 2 and 6 of this section.

65  6. Unless the offender is being granted probation pursuant to

66  successful completion of a one hundred twenty-day program the circuit court

67  shall notify the state in writing when the court intends to grant probation to the

68  offender pursuant to the provisions of this section. The state may, in writing,

69  request a hearing within ten days of receipt of the court's notification that the

70  court intends to grant probation. Upon the state's request for a hearing, the

71  court shall grant a hearing as soon as reasonably possible. If the state does not

72  respond to the court's notice in writing within ten days, the court may proceed

73  upon its own motion to grant probation.

74  7. [An offender's first incarceration under this section prior to release

75  on probation shall not be considered a previous prison commitment for the

76  purpose of determining a minimum prison term under the provisions of section

77  558.019.

78  8.] Notwithstanding any other provision of law, probation may not be

79  granted pursuant to this section to offenders who have been convicted of

80  murder in the second degree pursuant to section 565.021; forcible rape

81  pursuant to section 566.030 as it existed prior to August 28, 2013; rape in the

82  first degree under section 566.030; forcible sodomy pursuant to section
CCS SS SCS HCS HBs 2637 & 3155            76

83  566.060 as it existed prior to August 28, 2013; sodomy in the first degree

84  under section 566.060; statutory rape in the first degree pursuant to section

85  566.032; statutory sodomy in the first degree pursuant to section 566.062;

86  child molestation in the first degree pursuant to section 566.067 when

87  classified as a class A felony; abuse of a child pursuant to section 568.060

88  when classified as a class A felony; or an offender who has been found to be

89  a predatory sexual offender pursuant to section 566.125; any offense under

90  section 557.045; or any offense in which there exists a statutory prohibition

91  against either probation or parole.]

             559.115. 1. Neither probation nor parole shall be granted by the circuit court between
2 the time the transcript on appeal from the offender's conviction has been filed in appellate court
3 and the disposition of the appeal by such court.

4   2. Unless otherwise prohibited by subsection [8] 7 of this section, a circuit court only

5 upon its own motion and not that of the state or the offender shall have the power to grant

6 probation to an offender anytime up to one hundred twenty days after such offender has been

7 delivered to the department of corrections but not thereafter. The court may request information

8 and a recommendation from the department concerning the offender and such offender's

9 behavior during the period of incarceration. Except as provided in this section, the court may

10 place the offender on probation in a program created pursuant to section 217.777, or may place

11 the offender on probation with any other conditions authorized by law.

12  3. The court may recommend placement of an offender in a department of corrections

13 one hundred twenty-day program under this subsection. The department of corrections shall

14 assess each offender to determine the appropriate one hundred twenty-day program in which to

15 place the offender, which may include placement in the structured cognitive behavioral

16 intervention program or institutional treatment program. The placement of an offender in the

17 structured cognitive behavioral intervention program or institutional treatment program shall be

18 at the sole discretion of the department based on the assessment of the offender and available

19 bed space. When the court recommends and receives placement of an offender in a department

20 of corrections one hundred twenty-day program, the offender shall be released on probation if

21 the department of corrections determines that the offender has successfully completed the

22 program except as follows. Upon successful completion of a program under this subsection, the

23 division of probation and parole shall advise the sentencing court of an offender's probationary

24 release date thirty days prior to release. The court shall follow the recommendation of the

25 department unless the court determines that probation is not appropriate. If the court determines

26 that probation is not appropriate, the court may order the execution of the offender's sentence

27 only after conducting a hearing on the matter within ninety to one hundred twenty days from the

28 date the offender was delivered to the department of corrections. If the department determines
CCS SS SCS HCS HBs 2637 & 3155  77

29 the offender has not successfully completed a one hundred twenty-day program under this

30 subsection, the division of probation and parole shall advise the prosecuting attorney and the

31 sentencing court of the defendant's unsuccessful program exit and the defendant shall be

32 removed from the program. The department shall report on the offender's participation in the

33 program and may provide recommendations for terms and conditions of an offender's probation.

34 The court shall then have the power to grant probation or order the execution of the offender's

35 sentence.

36  4. If the court is advised that an offender is not eligible for placement in a one hundred

37 twenty-day program under subsection 3 of this section, the court shall consider other authorized

38 dispositions. If the department of corrections one hundred twenty-day program under subsection

39 3 of this section is full, the court may place the offender in a private program approved by the

40 department of corrections or the court, the expenses of such program to be paid by the offender,

41 or in an available program offered by another organization. If the offender is convicted of a class

42 C, class D, or class E nonviolent felony, the court may order probation while awaiting

43 appointment to treatment.

44  5. Except when the offender has been found to be a predatory sexual offender pursuant

45 to section 566.125, the court shall request the department of corrections to conduct a sexual

46 offender assessment if the defendant has been found guilty of sexual abuse when classified as

47 a class B felony. Upon completion of the assessment, the department shall provide to the court

48 a report on the offender and may provide recommendations for terms and conditions of an

49 offender's probation. The assessment shall not be considered a one hundred twenty-day program

50 as provided under subsection 3 of this section. The process for granting probation to an offender

51 who has completed the assessment shall be as provided under subsections 2 and 6 of this section.

52  6. Unless the offender is being granted probation pursuant to successful completion of

53 a one hundred twenty-day program the circuit court shall notify the state in writing when the

54 court intends to grant probation to the offender pursuant to the provisions of this section. The

55 state may, in writing, request a hearing within ten days of receipt of the court's notification that

56 the court intends to grant probation. Upon the state's request for a hearing, the court shall grant

57 a hearing as soon as reasonably possible. If the state does not respond to the court's notice in

58 writing within ten days, the court may proceed upon its own motion to grant probation.

59  7. [An offender's first incarceration under this section prior to release on probation shall

60 not be considered a previous prison commitment for the purpose of determining a minimum

61 prison term under the provisions of section 558.019.

62  8.] Notwithstanding any other provision of law, probation may not be granted pursuant

63 to this section to offenders who have been convicted of murder in the second degree pursuant

64 to section 565.021; forcible rape pursuant to section 566.030 as it existed prior to August 28,
CCS SS SCS HCS HBs 2637 & 3155  78

65 2013; rape in the first degree under section 566.030; forcible sodomy pursuant to section

66 566.060 as it existed prior to August 28, 2013; sodomy in the first degree under section 566.060;

67 statutory rape in the first degree pursuant to section 566.032; statutory sodomy in the first degree

68 pursuant to section 566.062; child molestation in the first degree pursuant to section 566.067

69 when classified as a class A felony; abuse of a child pursuant to section 568.060 when classified

70 as a class A felony; or an offender who has been found to be a predatory sexual offender

71 pursuant to section 566.125; any offense under section 557.045; or any offense in which there

72 exists a statutory prohibition against either probation or parole.
              565.002. As used in this chapter, unless a different meaning is otherwise plainly required

2 the following terms mean:

3   (1) "Adequate cause", cause that would reasonably produce a degree of passion in a

4 person of ordinary temperament sufficient to substantially impair an ordinary person's capacity

5 for self-control;

6   (2) "Bodily harm", physical pain or injury, illness, or any impairment of physical

7 condition;

8   (3) "Child", a person under [seventeen] eighteen years of age;

9   [(3)] (4) "Conduct", includes any act or omission;

10  [(4)] (5) "Course of conduct", a pattern of conduct composed of two or more acts, which

11 may include communication by any means, over a period of time, however short, evidencing a

12 continuity of purpose. Constitutionally protected activity is not included within the meaning of

13 course of conduct. Such constitutionally protected activity includes picketing or other organized

14 protests;

15  [(5)] (6) "Deliberation", cool reflection for any length of time no matter how brief;

16  [(6)] (7) "Domestic victim", a household or family member as the term "family" or

17 "household member" is defined in section 455.010, including any child who is a member of the

18 household or family;

19  [(7)] (8) "Emotional distress", something markedly greater than the level of uneasiness,

20 nervousness, unhappiness, or the like which are commonly experienced in day-to-day living;

21  [(8)] (9) "Full or partial nudity", the showing of all or any part of the human genitals,

22 pubic area, buttock, or any part of the nipple of the breast of any female person, with less than

23 a fully opaque covering;

24  [(9)] (10) "Great bodily harm", bodily injury which creates a high probability of

25 death, or which causes serious permanent or protracted loss or impairment of function of

26 any bodily member or organ, or other serious bodily harm;

27  (11) "Legal custody", the right to the care, custody and control of a child;

28  [(10)] (12) "Parent", either a biological parent or a parent by adoption;
CCS SS SCS HCS HBs 2637 & 3155                     79

29          [(11)] (13) "Person having a right of custody", a parent or legal guardian of the child;

30          [(12)] (14) "Photographs" or "films", the making of any photograph, motion picture film,

31 videotape, or any other recording or transmission of the image of a person;

32          [(13)] (15) "Place where a person would have a reasonable expectation of privacy", any

33 place where a reasonable person would believe that a person could disrobe in privacy, without

34 being concerned that the person's undressing was being viewed, photographed or filmed by

35 another;

36          [(14)] (16) "Special victim", any of the following:

37          (a) A law enforcement officer assaulted in the performance of his or her official duties

38 or as a direct result of such official duties;

39          (b) Emergency personnel, any paid or volunteer firefighter, emergency room, hospital,

40 or trauma center personnel, or emergency medical technician, assaulted in the performance of

41 his or her official duties or as a direct result of such official duties;

42          (c) A probation and parole officer assaulted in the performance of his or her official

43 duties or as a direct result of such official duties;

44          (d) An elderly person;

45          (e) A person with a disability;

46          (f) A vulnerable person;

47          (g) Any jailer or corrections officer of the state or one of its political subdivisions

48 assaulted in the performance of his or her official duties or as a direct result of such official

49 duties;

50          (h) A highway worker in a construction or work zone as the terms "highway worker",

51 "construction zone", and "work zone" are defined under section 304.580;

52          (i) Any utility worker, meaning any employee of a utility that provides gas, heat,

53 electricity, water, steam, telecommunications services, or sewer services, whether privately,

54 municipally, or cooperatively owned, while in the performance of his or her job duties, including

55 any person employed under a contract;

56          (j) Any cable worker, meaning any employee of a cable operator, as such term is defined

57 in section 67.2677, including any person employed under contract, while in the performance of

58 his or her job duties; and

59          (k) Any employee of a mass transit system, including any employee of public bus or

60 light rail companies, while in the performance of his or her job duties;

61          [(15)] (17) "Substantial bodily harm", bodily injury which involves a temporary

62 but substantial disfigurement, or which causes temporary but substantial loss or

63 impairment of the function of any bodily member or organ, or which causes a fracture of

64 any bodily member;
CCS SS SCS HCS HBs 2637 & 3155               80

65    (18) "Sudden passion", passion directly caused by and arising out of provocation by the

66 victim or another acting with the victim which passion arises at the time of the offense and is not

67 solely the result of former provocation;

68    [(16)] (19) "Technological abuse conduct", an act or pattern of behavior that is

69 intended to harm, threaten, intimidate, control, stalk, harass, monitor, except as otherwise

70 permitted by law, another person, that occurs using any form of technology, including

71 internet enabled devices, online platforms, computers, mobile devices, cameras and

72 imaging programs, apps, location tracking devices, or any other emerging technologies;

73    (20) "Trier", the judge or jurors to whom issues of fact, guilt or innocence, or the

74 assessment and declaration of punishment are submitted for decision;

75    [(17)] (21) "Views", the looking upon of another person, with the unaided eye or with

76 any device designed or intended to improve visual acuity, for the purpose of arousing or

77 gratifying the sexual desire of any person.
              565.050. 1. A person commits the offense of assault in the first degree if he or she

2 attempts to kill or knowingly causes or attempts to cause [serious physical injury] great bodily

3 harm to another person.

4     2. The offense of assault in the first degree is a class B felony unless in the course

5 thereof the person inflicts [serious physical injury] great bodily harm on the victim, or if the

6 victim of such assault is a special victim, as the term "special victim" is defined under section

7 565.002, in which case it is a class A felony.
             565.052. 1. A person commits the offense of assault in the second degree if he or she:

2     (1) Attempts to kill or knowingly causes or attempts to cause [serious physical injury]

3 great bodily harm to another person under the influence of sudden passion arising out of

4 adequate cause; or

5     (2) Attempts to cause or knowingly causes [physical injury] bodily harm to another

6 person by means of a deadly weapon or dangerous instrument; or

7     (3) Recklessly causes [serious physical injury] great bodily harm to another person;

8 or

9     (4) Recklessly causes [physical injury] bodily harm to another person by means of

10 discharge of a firearm.

11    2. The defendant shall have the burden of injecting the issue of influence of sudden

12 passion arising from adequate cause under subdivision (1) of subsection 1 of this section.

13    3. The offense of assault in the second degree is a class D felony, unless the victim of

14 such assault is a special victim, as the term "special victim" is defined under section 565.002,

15 in which case it is a class B felony.
CCS SS SCS HCS HBs 2637 & 3155             81

    565.054. 1. A person commits the offense of assault in the third degree if he or she

2 knowingly causes [physical injury] bodily harm to another person.

3   2. The offense of assault in the third degree is a class E felony, unless the victim of such

4 assault is a special victim, as the term "special victim" is defined under section 565.002, in

5 which case it is a class D felony.
             565.056. 1. A person commits the offense of assault in the fourth degree if:

2   (1) The person attempts to cause or recklessly causes [physical injury, physical pain, or

3 illness] bodily harm to another person;

4   (2) With criminal negligence the person causes [physical injury] bodily harm to another

5 person by means of a firearm;

6   (3) The person purposely places another person in apprehension of immediate [physical

7 injury] bodily harm;

8   (4) The person recklessly engages in conduct which creates a substantial risk of death

9 or [serious physical injury] great bodily harm to another person;

10  (5) The person knowingly causes or attempts to cause physical contact with a person

11 with a disability, which a reasonable person, who does not have a disability, would consider

12 offensive or provocative; or

13  (6) The person knowingly causes physical contact with another person knowing the

14 other person will regard the contact as offensive or provocative.

15  2. Except as provided in subsection 3 of this section, assault in the fourth degree is a

16 class A misdemeanor.

17  3. Violation of the provisions of subdivision (3) or (6) of subsection 1 of this section is

18 a class C misdemeanor unless the victim is a special victim, as the term "special victim" is

19 defined under section 565.002, in which case a violation of such provisions is a class A

20 misdemeanor.
              565.072. 1. A person commits the offense of domestic assault in the first degree if he

2 or she attempts to kill or knowingly causes or attempts to cause [serious physical injury] great

3 bodily harm to a domestic victim, as the term "domestic victim" is defined under section

4 565.002.

5   2. The offense of domestic assault in the first degree is a class B felony unless in the

6 course thereof the person inflicts serious physical injury on the victim, in which case it is a class

7 A felony.
             565.073. 1. A person commits the offense of domestic assault in the second degree if

2 the act involves a domestic victim, as the term "domestic victim" is defined under section

3 565.002, and he or she:

4   (1) Knowingly causes [physical injury] bodily harm to such domestic victim by any
CCS SS SCS HCS HBs 2637 & 3155                 82

5 means, including but not limited to, use of a deadly weapon or dangerous instrument, or by

6 choking or strangulation; or

7       (2) Recklessly causes [serious physical injury] great bodily harm to such domestic

8 victim; or

9       (3) Recklessly causes [physical injury] bodily harm to such domestic victim by means

10 of any deadly weapon.

11      2. The offense of domestic assault in the second degree is a class D felony.

        565.074. 1. A person commits the offense of domestic assault in the third degree if he

2 or she attempts to cause [physical injury] substantial bodily harm or knowingly causes

3 [physical pain or illness] bodily harm to a domestic victim, as the term "domestic victim" is

4 defined under section 565.002.

5       2. The offense of domestic assault in the third degree is a class E felony.

        565.076. 1. A person commits the offense of domestic assault in the fourth degree if the

2 act involves a domestic victim, as the term "domestic victim" is defined under section 565.002,

3 and:

4       (1) The person attempts to cause or recklessly causes [physical injury, physical pain, or

5 illness] bodily harm to such domestic victim;

6       (2) With criminal negligence the person causes [physical injury] bodily harm to such

7 domestic victim by means of a deadly weapon or dangerous instrument;

8       (3) The person purposely places such domestic victim in apprehension of immediate

9 [physical injury] bodily harm by any means;

10      (4) The person recklessly engages in conduct which creates a substantial risk of death

11 or [serious physical injury] great bodily harm to such domestic victim;

12      (5) The person knowingly causes physical contact with such domestic victim knowing

13 he or she will regard the contact as offensive; or

14      (6) The person knowingly attempts to cause or causes the isolation of such domestic

15 victim by unreasonably and substantially restricting or limiting his or her access to other

16 persons, telecommunication devices or transportation for the purpose of isolation.

17      2. The offense of domestic assault in the fourth degree is a class A misdemeanor, unless

18 the person has previously been found guilty of the offense of domestic assault, of any assault

19 offense under this chapter, or of any offense against a domestic victim committed in violation

20 of any county or municipal ordinance in any state, any state law, any federal law, or any military

21 law which if committed in this state two or more times would be a violation of this section, in

22 which case it is a class E felony. The offenses described in this subsection may be against the

23 same domestic victim or against different domestic victims.
CCS SS SCS HCS HBs 2637 & 3155  83

    565.090. 1. A person commits the offense of harassment in the first degree if he or she,

2 without good cause, engages in any act with the purpose to cause emotional distress to another

3 person, and such act does cause such person to suffer emotional distress.

4   2. The offense of harassment in the first degree is a class E felony, unless the defendant

5 has previously been found guilty of a violation of this section or section 565.091, or any

6 offense committed in another jurisdiction which, if committed in this state, would be

7 chargeable or indictable as a violation of any offense listed in this section or section

8 565.091, in which case harassment in the first degree is a class D felony.

9   3. This section shall not apply to activities of federal, state, county, or municipal law

10 enforcement officers conducting investigations of violation of federal, state, county, or

11 municipal law.
              565.091. 1. A person commits the offense of harassment in the second degree if he or

2 she, without good cause, engages in any act with the purpose to cause emotional distress to

3 another person.

4   2. The offense of harassment in the second degree is a class A misdemeanor, unless the

5 [person has previously pleaded guilty to or been found guilty of a violation of this section, of any

6 offense committed in violation of any county or municipal ordinance in any state, any state law,

7 any federal law, or any military law which if committed in this state would be chargeable or

8 indictable as a violation of any offense listed in this subsection, in which case it is a class E

9 felony] defendant has previously been found guilty of a violation of this section or section

10 565.090, or of any offense committed in another jurisdiction which, if committed in this

11 state, would be chargeable or indictable as a violation of any offense listed in this section

12 or section 565.090, in which case harassment in the second degree is a class E felony.

13  3. This section shall not apply to activities of federal, state, county, or municipal law

14 enforcement officers conducting investigations of violations of federal, state, county, or

15 municipal law.
              565.225. 1. [As used in this section and section 565.227, the term "disturbs" shall mean

2 to engage in a course of conduct directed at a specific person that serves no legitimate purpose

3 and that would cause a reasonable person under the circumstances to be frightened, intimidated,

4 or emotionally distressed.

5   2.] A person commits the offense of stalking in the first degree if he or she [purposely]

6 knowingly, through [his or her] a course of conduct[, disturbs or follows with the intent of

7 disturbing] that is directed at another person [and] or through technological abuse conduct,

8 engages in conduct that would cause a reasonable person under similar circumstances to:

9   (1) [Makes a threat communicated with the intent to cause the person who is the target

10 of the threat to reasonably] Fear [for his or her safety, the safety of his or her family or
CCS SS SCS HCS HBs 2637 & 3155                84

11 household member, or the safety of domestic animals or livestock as defined in section 276.606

12 kept at such person's residence or on such person's property. The threat shall be against the life

13 of, or a threat to cause physical] death or bodily injury to[, or the kidnapping of] the person[,]

14 ;

15          (2) Fear that an offense will be committed against a member of the person's family

16 or household members, or [the person's domestic animals or livestock as defined in section

17 276.606 kept at such person's residence or on such person's property] an individual with whom

18 the person has a dating relationship; [or

19          (2) At least one of the acts constituting the course of conduct is in violation of an order

20 of protection and the person has received actual notice of such order; or]

21          (3) [At least one of the actions constituting the course of conduct is in violation of a

22 condition of probation, parole, pretrial release, or release on bond pending appeal] Fear that an

23 offense will be committed against the person's property; or

24          (4) [At any time during the course of conduct, the other person is seventeen years of age

25 or younger and the person disturbing the other person is twenty-one years of age or older; or

26          (5) He or she has previously been found guilty of domestic assault, violation of an order

27 of protection, or any other crime where the other person was the victim; or

28          (6) At any time during the course of conduct, the other person is a participant of the

29 address confidentiality program under sections 589.660 to 589.681, and the person disturbing

30 the other person knowingly accesses or attempts to access the address of the other person] Feel

31 harassed, terrified, or intimidated.

32          [3.] 2. Any law enforcement officer may arrest, without a warrant, any person he or she

33 has probable cause to believe has violated the provisions of this section.

34          [4.] 3. This section shall not apply to activities of federal, state, county, or municipal law

35 enforcement officers conducting investigations of any violation of federal, state, county, or

36 municipal law.

37          [5.] 4. The offense of stalking in the first degree is a class E felony, unless the defendant

38 has previously been found guilty of a violation of this section or section 565.227, or any offense

39 committed in another jurisdiction which, if committed in this state, would be chargeable or

40 indictable as a violation of any offense listed in this section or section 565.227, or unless the

41 victim is intentionally targeted as a law enforcement officer, as defined in section 556.061, or

42 the victim is targeted because he or she is a relative within the second degree of consanguinity

43 or affinity to a law enforcement officer, in which case stalking in the first degree is a class D

44 felony.

            565.227. 1. A person commits the offense of stalking in the second degree if he or she

2 [purposely, through his or her course of] knowingly engages in a course of conduct[, disturbs,
CCS SS SCS HCS HBs 2637 & 3155        85

3 or follows with the intent to disturb another person] directed at a specific person or

4 technological abuse conduct which would cause a reasonable person under the

5 circumstances to feel harassed, terrified, or intimidated.

6   2. This section shall not apply to activities of federal, state, county, or municipal law

7 enforcement officers conducting investigations of any violation of federal, state, county, or

8 municipal law.

9   3. Any law enforcement officer may arrest, without a warrant, any person he or she has

10 probable cause to believe has violated the provisions of this section.

11  4. The offense of stalking in the second degree is a class A misdemeanor, unless the

12 defendant has previously been found guilty of a violation of this section or section 565.225, or

13 of any offense committed in another jurisdiction which, if committed in this state, would be

14 chargeable or indictable as a violation of any offense listed in this section or section 565.225,

15 or unless the victim is intentionally targeted as a law enforcement officer, as defined in section

16 556.061, or the victim is targeted because he or she is a relative within the second degree of

17 consanguinity or affinity to a law enforcement officer, in which case stalking in the second

18 degree is a class E felony.
              565.260. 1. Except as provided in subsection 2 of this section, a person commits the

2 offense of unlawful tracking of a motor vehicle if the person knowingly installs, conceals,

3 or otherwise places an electronic tracking device in or on a motor vehicle without the

4 consent of all owners of the vehicle for the purpose of monitoring or following an occupant

5 or occupants of the vehicle. As used in this section, "person" does not include the

6 manufacturer of the motor vehicle.

7   2. (1) It shall not be an offense under this section if the installing, concealing, or

8 placing of an electronic tracking device in or on a motor vehicle is by, or at the direction

9 of, a law enforcement officer in furtherance of a criminal investigation and such

10 investigation is carried out in accordance with applicable state and federal law.

11  (2) If the installing, concealing, or placing of an electronic tracking device in or on

12 a motor vehicle is by, or at the direction of, a parent or legal guardian who owns or leases

13 the vehicle, and if the device is used solely for the purpose of monitoring the minor child

14 of the parent or legal guardian when the child is an occupant of the vehicle, the installation,

15 concealment, or placement of the device in or on the vehicle without the consent of any or

16 all occupants of the vehicle shall not be an offense under this section.

17  (3) It shall not be an offense under this section if the installing, concealing, or

18 placing of an electronic tracking device in or on a motor vehicle is for the purpose of

19 tracking the location of stolen goods being transported in the vehicle or for the purpose of

20 tracking the location of the vehicle if the motor vehicle is stolen.
CCS SS SCS HCS HBs 2637 & 3155                  86

21  (4) It shall not be an offense under this section if the installing, concealing, or

22 placing of an electronic tracking device in or on a motor vehicle is by a legally authorized

23 representative of a vulnerable adult. As used in this subdivision, "vulnerable adult" means

24 any person eighteen years of age or older who is impaired by reason of mental illness,

25 intellectual or developmental disability, physical illness or disability, or other causes,

26 including age, to the extent the adult lacks sufficient understanding or capacity to make,

27 communicate, or carry out reasonable decisions concerning his or her well-being or has

28 one or more limitations that substantially impair the adult's ability to independently

29 provide for his or her daily needs or safeguard his or her person, property, or legal

30 interests.

31  (5) If the installing, concealing, or placing of an electronic tracking device in or on

32 a motor vehicle is by, or at the direction of, a person who obtains consent from all owners

33 of the vehicle, the installation, concealment, or placement of the device in or on the vehicle

34 shall not be an offense under this section.

35  (6) It shall not be an offense under this section if the installing, concealing, or

36 placing of an electronic tracking device in or on a motor vehicle is by a vehicle rental,

37 sharing, or leasing company that rents motor vehicles for the purpose of tracking or

38 managing the motor vehicles owned by such company or providing services to customers.

39  (7) It shall not be an offense under this section if the installing, concealing, or

40 placing of an electronic tracking device in or on a motor vehicle is by a lienholder or agent

41 of a lienholder acting to track the movement or location of a motor vehicle in order to

42 repossess the motor vehicle.

43  (8) It shall not be an offense under this section if the installing, concealing, or

44 placing of an electronic tracking device in or on a motor vehicle is for any party to

45 participate in a voluntary usage-based insurance program. "Voluntary usage-based

46 insurance program" shall mean any program implemented by, or on behalf of, an

47 insurance company that collects, records, or transmits information relating to driving

48 behavior of an insured party.

49  3. The provisions of this section shall not apply to a tracking system installed by the

50 manufacturer of a motor vehicle.

51  4. The offense of unlawful tracking of a motor vehicle is a class A misdemeanor for

52 a first offense and a class E felony for any second or subsequent offense.

    565.400. 1. A person commits the offense of cyberharassment if such person

2 purposely or knowingly engages in a threatening, aggressive, or otherwise fear-inducing,

3 course of conduct by using digital technology, internet service providers, electronic service
CCS SS SCS HCS HBs 2637 & 3155  87

4 providers or other electronic communications and devices to cause reasonable fear, alarm,

5 anxiety, undue stress, or terror to others by repeated contact with no legitimate purpose.

6   2. The first offense of cyberharassment shall be a class B misdemeanor. A second

7 and any subsequent offense shall be a class A misdemeanor.
             565.405. 1. A person commits the offense of cyberstalking if such person purposely

2 or knowingly engages in a threatening, aggressive, or otherwise fear-inducing, course of

3 conduct by using digital technology, internet service providers, electronic service providers

4 or other electronic communications and devices to enhance the ability to intimidate, track,

5 follow or cause reasonable fear, alarm, anxiety, undue stress, or terror to another person.

6   2. The first offense of cyberstalking shall be a class A misdemeanor. A second and

7 any subsequent offense shall be a class E felony.

    [566.030. 1. A person commits the offense of rape in the first degree

2   if he or she has sexual intercourse with another person who is incapacitated,

3   incapable of consent, or lacks the capacity to consent, or by the use of forcible

4   compulsion. Forcible compulsion includes the use of a substance

5   administered without a victim's knowledge or consent which renders the

6   victim physically or mentally impaired so as to be incapable of making an

7   informed consent to sexual intercourse.

8   2. The offense of rape in the first degree or an attempt to commit rape

9   in the first degree is a class A felony for which the authorized term of

10  imprisonment is life imprisonment or a term of years not less than [five] ten

11  years, not to exceed thirty years, unless:

12  (1) The offense is an aggravated sexual offense, in which case the

13  authorized term of imprisonment is life imprisonment as defined in section

14  558.011 or [a term of years not less than fifteen years] life imprisonment

15  without eligibility for probation or parole;

16  (2) The person is a persistent or predatory sexual offender as defined

17  in section 566.125 and subjected to an extended term of imprisonment under

18  said section;

19  (3) The victim is a child less than twelve years of age, in which case

20  the required term of imprisonment is life imprisonment as defined in section

21  558.011 or life imprisonment without eligibility for probation or parole [until

22  the offender has served not less than thirty years of such sentence or unless the

23  offender has reached the age of seventy-five years and has served at least

24  fifteen years of such sentence, unless such rape in the first degree is described

25  under subdivision (4) of this subsection]; or

26  (4) The victim is a child less than twelve years of age and such rape

27  in the first degree or attempt to commit rape in the first degree was

28  outrageously or wantonly vile, horrible or inhumane, in that it involved torture

29  or depravity of mind, in which case the required term of imprisonment is life

30  imprisonment without eligibility for probation, parole or conditional release.

31  3. [Subsection 4 of section 558.019 shall not apply to the sentence of
CCS SS SCS HCS HBs 2637 & 3155              88

32  a person who has been found guilty of rape in the first degree or attempt to

33  commit rape in the first degree when the victim is less than twelve years of

34  age, and "life imprisonment" shall mean imprisonment for the duration of a

35  person's natural life for the purposes of this section.

36  4.] No person found guilty of rape in the first degree or an attempt to

37  commit rape in the first degree shall be granted a suspended imposition of

38  sentence or suspended execution of sentence.]

             566.030. 1. A person commits the offense of rape in the first degree if he or she has
2 sexual intercourse with another person who is incapacitated, incapable of consent, or lacks the
3 capacity to consent, or by the use of forcible compulsion. Forcible compulsion includes the use
4 of a substance administered without a victim's knowledge or consent which renders the victim
5 physically or mentally impaired so as to be incapable of making an informed consent to sexual
6 intercourse.

7   2. The offense of rape in the first degree or an attempt to commit rape in the first degree

8 is a class A felony for which the authorized term of imprisonment is life imprisonment or a term

9 of years not less than [five] ten years, not to exceed thirty years, unless:

10  (1) The offense is an aggravated sexual offense, in which case the authorized term of

11 imprisonment is life imprisonment as defined in section 558.011 or [a term of years not less

12 than fifteen years] life imprisonment without eligibility for probation or parole;

13  (2) The person is a persistent or predatory sexual offender as defined in section 566.125

14 and subjected to an extended term of imprisonment under said section;

15  (3) The victim is a child less than twelve years of age, in which case the required term

16 of imprisonment is life imprisonment as defined in section 558.011 or life imprisonment

17 without eligibility for probation or parole [until the offender has served not less than thirty years

18 of such sentence or unless the offender has reached the age of seventy-five years and has served

19 at least fifteen years of such sentence, unless such rape in the first degree is described under

20 subdivision (4) of this subsection]; or

21  (4) The victim is a child less than twelve years of age and such rape in the first degree

22 or attempt to commit rape in the first degree was outrageously or wantonly vile, horrible or

23 inhumane, in that it involved torture or depravity of mind, in which case the required term of

24 imprisonment is life imprisonment without eligibility for probation, parole or conditional release.

25  3. [Subsection 4 of section 558.019 shall not apply to the sentence of a person who has

26 been found guilty of rape in the first degree or attempt to commit rape in the first degree when

27 the victim is less than twelve years of age, and "life imprisonment" shall mean imprisonment for

28 the duration of a person's natural life for the purposes of this section.

29  4.] No person found guilty of rape in the first degree or an attempt to commit rape in the

30 first degree shall be granted a suspended imposition of sentence or suspended execution of
CCS SS SCS HCS HBs 2637 & 3155           89

31 sentence.
              566.032. 1. A person commits the offense of statutory rape in the first degree if he or

2 she has sexual intercourse with another person who is less than fourteen years of age.

3   2. The offense of statutory rape in the first degree or an attempt to commit statutory rape

4 in the first degree is a felony for which the authorized term of imprisonment is life imprisonment

5 or a term of years not less than [five] ten years, unless:

6   (1) The offense is an aggravated sexual offense, or the victim is less than twelve years

7 of age in which case the authorized term of imprisonment is life imprisonment or a term of years

8 not less than [ten] fifteen years; or

9   (2) The person is a persistent or predatory sexual offender as defined in section 566.125

10 and subjected to an extended term of imprisonment under said section.

             [566.060. 1. A person commits the offense of sodomy in the first

2   degree if he or she has deviate sexual intercourse with another person who is

3   incapacitated, incapable of consent, or lacks the capacity to consent, or by the

4   use of forcible compulsion. Forcible compulsion includes the use of a

5   substance administered without a victim's knowledge or consent which

6   renders the victim physically or mentally impaired so as to be incapable of

7   making an informed consent to sexual intercourse.

8            2. The offense of sodomy in the first degree or an attempt to commit

9   sodomy in the first degree is a felony for which the authorized term of

10  imprisonment is life imprisonment or a term of years not less than five years,

11  unless:

12           (1) The offense is an aggravated sexual offense, in which case the

13  authorized term of imprisonment is life imprisonment or a term of years not

14  less than ten years;

15           (2) The person is a persistent or predatory sexual offender as defined

16  in section 566.125 and subjected to an extended term of imprisonment under

17  said section;

18           (3) The victim is a child less than twelve years of age, in which case

19  the required term of imprisonment is life imprisonment as defined in section

20  558.011 or life imprisonment without eligibility for probation or parole [until

21  the offender has served not less than thirty years of such sentence or unless the

22  offender has reached the age of seventy-five years and has served at least

23  fifteen years of such sentence, unless such sodomy in the first degree is

24  described under subdivision (4) of this subsection]; or

25           (4) The victim is a child less than twelve years of age and such

26  sodomy in the first degree or attempt to commit sodomy in the first degree

27  was outrageously or wantonly vile, horrible or inhumane, in that it involved

28  torture or depravity of mind, in which case the required term of imprisonment

29  is life imprisonment without eligibility for probation, parole or conditional

30  release.

31           3. [Subsection 4 of section 558.019 shall not apply to the sentence of
CCS SS SCS HCS HBs 2637 & 3155                90

32           a person who has been found guilty of sodomy in the first degree or an attempt

33           to commit sodomy in the first degree when the victim is less than twelve years

34           of age, and "life imprisonment" shall mean imprisonment for the duration of

35           a person's natural life for the purposes of this section.

36           4.] No person found guilty of sodomy in the first degree or an attempt

37           to commit sodomy in the first degree shall be granted a suspended imposition

38           of sentence or suspended execution of sentence.]

             566.060. 1. A person commits the offense of sodomy in the first degree if he or she has
2 deviate sexual intercourse with another person who is incapacitated, incapable of consent, or
3 lacks the capacity to consent, or by the use of forcible compulsion. Forcible compulsion
4 includes the use of a substance administered without a victim's knowledge or consent which
5 renders the victim physically or mentally impaired so as to be incapable of making an informed
6 consent to sexual intercourse.

7   2. The offense of sodomy in the first degree or an attempt to commit sodomy in the first

8 degree is a felony for which the authorized term of imprisonment is life imprisonment or a term

9 of years not less than five years, unless:

10  (1) The offense is an aggravated sexual offense, in which case the authorized term of

11 imprisonment is life imprisonment or a term of years not less than ten years;

12  (2) The person is a persistent or predatory sexual offender as defined in section 566.125

13 and subjected to an extended term of imprisonment under said section;

14  (3) The victim is a child less than twelve years of age, in which case the required term

15 of imprisonment is life imprisonment as defined in section 558.011 or life imprisonment

16 without eligibility for probation or parole [until the offender has served not less than thirty years

17 of such sentence or unless the offender has reached the age of seventy-five years and has served

18 at least fifteen years of such sentence, unless such sodomy in the first degree is described under

19 subdivision (4) of this subsection]; or

20  (4) The victim is a child less than twelve years of age and such sodomy in the first

21 degree or attempt to commit sodomy in the first degree was outrageously or wantonly vile,

22 horrible or inhumane, in that it involved torture or depravity of mind, in which case the required

23 term of imprisonment is life imprisonment without eligibility for probation, parole or conditional

24 release.

25  3. [Subsection 4 of section 558.019 shall not apply to the sentence of a person who has

26 been found guilty of sodomy in the first degree or an attempt to commit sodomy in the first

27 degree when the victim is less than twelve years of age, and "life imprisonment" shall mean

28 imprisonment for the duration of a person's natural life for the purposes of this section.

29  4.] No person found guilty of sodomy in the first degree or an attempt to commit sodomy

30 in the first degree shall be granted a suspended imposition of sentence or suspended execution
CCS SS SCS HCS HBs 2637 & 3155                      91

31 of sentence.
              566.103. 1. A person or entity commits the offense of promoting online sexual

2 solicitation if such person or entity knowingly permits a web-based classified service owned or

3 operated by such person or entity to be used by individuals to post advertisements promoting

4 prostitution, enticing a child to engage in sexual conduct, or promoting sexual trafficking of a

5 child after receiving notice under this section.

6   2. As used in this section, the term "web-based classified service" means a person or

7 entity in whose name a specific URL or internet domain name is registered which has

8 advertisements for goods and services or personal advertisements.

9   3. An advertisement may be deemed to promote prostitution, entice a child to engage

10 in sexual conduct, or promote sexual trafficking of a child, if the content of such advertisement

11 would be interpreted by a reasonable person as offering to exchange sexual conduct for goods

12 or services in violation of chapter 567, as seeking a child for the purpose of sexual conduct or

13 commercial sex act, or as offering a child as a participant in sexual conduct or commercial sex

14 act in violation of section 566.151, 566.210, or 566.211.

15  4. It shall be prima facie evidence that a person or entity acts knowingly if an

16 advertisement is not removed from the web-based classified service within seventy-two hours

17 of that person or entity being notified that an advertisement has been posted on that service

18 which is prohibited under this section.

19  5. Notice under this section may be provided by certified mail or facsimile transmission

20 by the attorney general or any prosecuting attorney or circuit attorney.

21  6. A violation of this section shall be a class E felony, punishable by imprisonment or

22 a fine in the amount of five thousand dollars per day that the advertisement remains posted on

23 the web-based classified service after seventy-two hours of when notice has been provided

24 pursuant to this section, or by both such fine and imprisonment.

25  7. Original jurisdiction for prosecution of a violation of this section shall be with the

26 local prosecuting attorney or circuit attorney.

             [566.125. 1. The court shall sentence a person to an extended term of

2   imprisonment if it finds the defendant is a persistent sexual offender and has

3   been found guilty of attempting to commit or committing the following

4   offenses:

5            (1) Statutory rape in the first degree or statutory sodomy in the first

6   degree;

7            (2) Rape in the first degree or sodomy in the first degree;

8            (3) Forcible rape;

9            (4) Forcible sodomy;

10           (5) Rape;

11           (6) Sodomy.
CCS SS SCS HCS HBs 2637 & 3155               92

12  2. A "persistent sexual offender" is one who has previously been

13  found guilty of attempting to commit or committing any of the offenses listed

14  in subsection 1 of this section or one who has previously been found guilty of

15  an offense in any other jurisdiction which would constitute any of the offenses

16  listed in subsection 1 of this section.

17  3. The term of imprisonment for one found to be a persistent sexual

18  offender shall be imprisonment for life without eligibility for probation or

19  parole. [Subsection 4 of section 558.019 shall not apply to any person

20  imprisoned under this subsection, and] "Imprisonment for life" shall mean

21  imprisonment for the duration of the person's natural life.

22  4. The court shall sentence a person to an extended term of

23  imprisonment as provided for in this section if it finds the defendant is a

24  predatory sexual offender and has been found guilty of committing or

25  attempting to commit any of the offenses listed in subsection 1 of this section

26  or committing child molestation in the first or second degree or sexual abuse

27  when classified as a class B felony.

28  5. For purposes of this section, a "predatory sexual offender" is a

29  person who:

30  (1) Has previously been found guilty of committing or attempting to

31  commit any of the offenses listed in subsection 1 of this section, or

32  committing child molestation in the first or second degree, or sexual abuse

33  when classified as a class B felony; or

34  (2) Has previously committed an act which would constitute an

35  offense listed in subsection 4 of this section, whether or not the act resulted in

36  a conviction; or

37  (3) Has committed an act or acts against more than one victim which

38  would constitute an offense or offenses listed in subsection 4 of this section,

39  whether or not the defendant was charged with an additional offense or

40  offenses as a result of such act or acts.

41  6. A person found to be a predatory sexual offender shall be

42  imprisoned for life with eligibility for parole[, however subsection 4 of section

43  558.019 shall not apply to persons found to be predatory sexual offenders for

44  the purposes of determining the minimum prison term or the length of

45  sentence as defined or used in such subsection]. Notwithstanding any other

46  provision of law, in no event shall a person found to be a predatory sexual

47  offender receive a final discharge from parole.

48  7. Notwithstanding any other provision of law, the court shall set the

49  minimum time required to be served before a predatory sexual offender is

50  eligible for parole, conditional release or other early release by the department

51  of corrections. The minimum time to be served by a person found to be a

52  predatory sexual offender who:

53  (1) Has previously been found guilty of committing or attempting to

54  commit any of the offenses listed in subsection 1 of this section and is found

55  guilty of committing or attempting to commit any of the offenses listed in
CCS SS SCS HCS HBs 2637 & 3155   93

56  subsection 1 of this section shall be any number of years but not less than

57  thirty years;

58  (2) Has previously been found guilty of child molestation in the first

59  or second degree, or sexual abuse when classified as a class B felony and is

60  found guilty of attempting to commit or committing any of the offenses listed

61  in subsection 1 of this section shall be any number of years but not less than

62  fifteen years;

63  (3) Has previously been found guilty of committing or attempting to

64  commit any of the offenses listed in subsection 1 of this section, or

65  committing child molestation in the first or second degree, or sexual abuse

66  when classified as a class B felony shall be any number of years but not less

67  than fifteen years;

68  (4) Has previously been found guilty of child molestation in the first

69  degree or second degree, or sexual abuse when classified as a class B felony,

70  and is found guilty of child molestation in the first or second degree, or sexual

71  abuse when classified as a class B felony shall be any number of years but not

72  less than fifteen years;

73  (5) Is found to be a predatory sexual offender pursuant to subdivision

74  (2) or (3) of subsection 5 of this section shall be any number of years within

75  the range to which the person could have been sentenced pursuant to the

76  applicable law if the person was not found to be a predatory sexual offender.

77  8. Notwithstanding any provision of law to the contrary, the

78  department of corrections, or any division thereof, may not furlough an

79  individual found to be and sentenced as a persistent sexual offender or a

80  predatory sexual offender.]

             566.125. 1. The court shall sentence a person to an extended term of imprisonment if
2 it finds the defendant is a persistent sexual offender and has been found guilty of attempting to
3 commit or committing the following offenses:

4   (1) Statutory rape in the first degree or statutory sodomy in the first degree;

5   (2) Rape in the first degree or sodomy in the first degree;

6   (3) Forcible rape;

7   (4) Forcible sodomy;

8   (5) Rape;

9   (6) Sodomy.

10  2. A "persistent sexual offender" is one who has previously been found guilty of

11 attempting to commit or committing any of the offenses listed in subsection 1 of this section or

12 one who has previously been found guilty of an offense in any other jurisdiction which would

13 constitute any of the offenses listed in subsection 1 of this section.

14  3. The term of imprisonment for one found to be a persistent sexual offender shall be

15 imprisonment for life without eligibility for probation or parole. [Subsection 4 of section
CCS SS SCS HCS HBs 2637 & 3155             94

16 558.019 shall not apply to any person imprisoned under this subsection, and] "Imprisonment for

17 life" shall mean imprisonment for the duration of the person's natural life.

18  4. The court shall sentence a person to an extended term of imprisonment as provided

19 for in this section if it finds the defendant is a predatory sexual offender and has been found

20 guilty of committing or attempting to commit any of the offenses listed in subsection 1 of this

21 section or committing child molestation in the first or second degree or sexual abuse when

22 classified as a class B felony.

23  5. For purposes of this section, a "predatory sexual offender" is a person who:

24  (1) Has previously been found guilty of committing or attempting to commit any of the

25 offenses listed in subsection 1 of this section, or committing child molestation in the first or

26 second degree, or sexual abuse when classified as a class B felony; or

27  (2) Has previously committed an act which would constitute an offense listed in

28 subsection 4 of this section, whether or not the act resulted in a conviction; or

29  (3) Has committed an act or acts against more than one victim which would constitute

30 an offense or offenses listed in subsection 4 of this section, whether or not the defendant was

31 charged with an additional offense or offenses as a result of such act or acts.

32  6. A person found to be a predatory sexual offender shall be imprisoned for life with

33 eligibility for parole[, however subsection 4 of section 558.019 shall not apply to persons found

34 to be predatory sexual offenders for the purposes of determining the minimum prison term or

35 the length of sentence as defined or used in such subsection]. Notwithstanding any other

36 provision of law, in no event shall a person found to be a predatory sexual offender receive a

37 final discharge from parole.

38  7. Notwithstanding any other provision of law, the court shall set the minimum time

39 required to be served before a predatory sexual offender is eligible for parole, conditional release

40 or other early release by the department of corrections. The minimum time to be served by a

41 person found to be a predatory sexual offender who:

42  (1) Has previously been found guilty of committing or attempting to commit any of the

43 offenses listed in subsection 1 of this section and is found guilty of committing or attempting to

44 commit any of the offenses listed in subsection 1 of this section shall be any number of years but

45 not less than thirty years;

46  (2) Has previously been found guilty of child molestation in the first or second degree,

47 or sexual abuse when classified as a class B felony and is found guilty of attempting to commit

48 or committing any of the offenses listed in subsection 1 of this section shall be any number of

49 years but not less than fifteen years;

50  (3) Has previously been found guilty of committing or attempting to commit any of the

51 offenses listed in subsection 1 of this section, or committing child molestation in the first or
CCS SS SCS HCS HBs 2637 & 3155          95

52 second degree, or sexual abuse when classified as a class B felony shall be any number of years

53 but not less than fifteen years;

54  (4) Has previously been found guilty of child molestation in the first degree or second

55 degree, or sexual abuse when classified as a class B felony, and is found guilty of child

56 molestation in the first or second degree, or sexual abuse when classified as a class B felony

57 shall be any number of years but not less than fifteen years;

58  (5) Is found to be a predatory sexual offender pursuant to subdivision (2) or (3) of

59 subsection 5 of this section shall be any number of years within the range to which the person

60 could have been sentenced pursuant to the applicable law if the person was not found to be a

61 predatory sexual offender.

62  8. Notwithstanding any provision of law to the contrary, the department of corrections,

63 or any division thereof, may not furlough an individual found to be and sentenced as a persistent

64 sexual offender or a predatory sexual offender.
              566.203. 1. A person commits the offense of abusing an individual through forced labor

2 by knowingly providing or obtaining the labor or services of a person:

3   (1) By causing or threatening to cause serious physical injury to any person;

4   (2) By physically restraining or threatening to physically restrain another person;

5   (3) By blackmail;

6   (4) By means of any scheme, plan, or pattern of behavior intended to cause such person

7 to believe that, if the person does not perform the labor services, the person or another person

8 will suffer serious physical injury, physical restraint, or financial harm; or

9   (5) By means of the abuse or threatened abuse of the law or the legal process.

10  2. A person who is found guilty of the crime of abuse through forced labor shall not be

11 required to register as a sexual offender pursuant to the provisions of section 589.400, unless

12 such person is otherwise required to register pursuant to the provisions of such section.

13  3. The offense of abuse through forced labor is a felony punishable by imprisonment for

14 a term of years not less than five years and not more than twenty years and a fine not to exceed

15 two hundred fifty thousand dollars.

16  4. If death results from a violation of this section, or if the violation includes kidnapping

17 or an attempt to kidnap, sexual abuse when punishable as a class B felony, or an attempt to

18 commit sexual abuse when punishable as a class B felony, or an attempt to kill, it shall be

19 punishable for a term of years not less than [five] ten years or life and a fine not to exceed two

20 hundred fifty thousand dollars.
              566.209. 1. A person commits the [crime] offense of trafficking for the purposes of

2 sexual exploitation if a person knowingly recruits, entices, harbors, transports, provides,

3 advertises the availability of or obtains by any means, including but not limited to through the
CCS SS SCS HCS HBs 2637 & 3155           96

4 use of force, intoxicating or inhibiting substances, abduction, coercion, fraud, deception,
5 blackmail, or causing or threatening to cause financial harm, another person for the use or
6 employment of such person in a commercial sex act, sexual conduct, a sexual performance, or
7 the production of explicit sexual material as defined in section 573.010, without his or her
8 consent, or benefits, financially or by receiving anything of value, from participation in such
9 activities.

10  2. The [crime] offense of trafficking for the purposes of sexual exploitation is a felony

11 punishable by imprisonment for a term of years not less than five years and not more than twenty

12 years and a fine not to exceed two hundred fifty thousand dollars. If a violation of this section

13 was effected by force, abduction, or coercion, the crime of trafficking for the purposes of sexual

14 exploitation is a felony punishable by imprisonment for a term of years not less than ten years

15 or life and a fine not to exceed two hundred fifty thousand dollars.

    [566.210. 1. A person commits the offense of sexual trafficking of a

2   child in the first degree if he or she knowingly:

3   (1) Recruits, entices, harbors, transports, provides, or obtains by any

4   means, including but not limited to through the use of force, abduction,

5   coercion, fraud, deception, blackmail, or causing or threatening to cause

6   financial harm, a person under the age of fourteen to participate in a

7   commercial sex act, a sexual performance, or the production of explicit sexual

8   material as defined in section 573.010, or benefits, financially or by receiving

9   anything of value, from participation in such activities;

10  (2) Causes a person under the age of fourteen to engage in a

11  commercial sex act, a sexual performance, or the production of explicit sexual

12  material as defined in section 573.010; or

13  (3) Advertises the availability of a person under the age of fourteen

14  to participate in a commercial sex act, a sexual performance, or the production

15  of explicit sexual material as defined in section 573.010.

16  2. It shall not be a defense that the defendant believed that the person

17  was fourteen years of age or older.

18  3. The offense of sexual trafficking of a child in the first degree is a

19  felony for which the authorized term of imprisonment is life imprisonment

20  without eligibility for probation or parole until the offender has served not less

21  than thirty years of such sentence. [Subsection 4 of section 558.019 shall not

22  apply to the sentence of a person who has been found guilty of sexual

23  trafficking of a child less than fourteen years of age, and "life imprisonment"

24  shall mean imprisonment for the duration of a person's natural life for the

25  purposes of this section.]]

             566.210. 1. A person commits the offense of sexual trafficking of a child in the first
2 degree if he or she knowingly:

3   (1) Recruits, entices, harbors, transports, provides, or obtains by any means, including
CCS SS SCS HCS HBs 2637 & 3155              97

4 but not limited to through the use of force, abduction, coercion, fraud, deception, blackmail, or

5 causing or threatening to cause financial harm, a person under the age of fourteen to participate

6 in a commercial sex act, a sexual performance, or the production of explicit sexual material as

7 defined in section 573.010, or benefits, financially or by receiving anything of value, from

8 participation in such activities;

9      (2) Causes a person under the age of fourteen to engage in a commercial sex act, a

10 sexual performance, or the production of explicit sexual material as defined in section 573.010;

11 or

12     (3) Advertises the availability of a person under the age of fourteen to participate in a

13 commercial sex act, a sexual performance, or the production of explicit sexual material as

14 defined in section 573.010.

15     2. It shall not be a defense that the defendant believed that the person was fourteen years

16 of age or older.

17     3. The offense of sexual trafficking of a child in the first degree is a felony for which the

18 authorized term of imprisonment is life imprisonment without eligibility for probation or parole

19 until the offender has served not less than thirty years of such sentence. [Subsection 4 of section

20 558.019 shall not apply to the sentence of a person who has been found guilty of sexual

21 trafficking of a child less than fourteen years of age, and "life imprisonment" shall mean

22 imprisonment for the duration of a person's natural life for the purposes of this section.]

                     [566.211. 1. A person commits the offense of sexual trafficking of a

2      child in the second degree if he or she knowingly:

3                    (1) Recruits, entices, harbors, transports, provides, or obtains by any

4      means, including but not limited to through the use of force, abduction,

5      coercion, fraud, deception, blackmail, or causing or threatening to cause

6      financial harm, a person under the age of eighteen to participate in a

7      commercial sex act, a sexual performance, or the production of explicit sexual

8      material as defined in section 573.010, or benefits, financially or by receiving

9      anything of value, from participation in such activities;

10                   (2) Causes a person under the age of eighteen to engage in a

11     commercial sex act, a sexual performance, or the production of explicit sexual

12     material as defined in section 573.010; or

13                   (3) Advertises the availability of a person under the age of eighteen

14     to participate in a commercial sex act, a sexual performance, or the production

15     of explicit sexual material as defined in section 573.010.

16                   2. It shall not be a defense that the defendant believed that the person

17     was eighteen years of age or older.

18                   3. The offense of sexual trafficking of a child in the second degree is

19     a felony punishable by imprisonment for a term of years not less than twenty

20     years or life and a fine not to exceed two hundred fifty thousand dollars if the

21     child is under the age of eighteen. If a violation of this section was effected
CCS SS SCS HCS HBs 2637 & 3155       98

22     by force, abduction, or coercion, the [crime] offense of sexual trafficking of

23     a child shall be a felony for which the authorized term of imprisonment is life

24     imprisonment without eligibility for probation or parole until the defendant

25     has served [not less than twenty-five years] eighty-five percent of such

26     sentence as provided under section 558.011.]

             566.211. 1. A person commits the offense of sexual trafficking of a child in the second
2 degree if he or she knowingly:

3      (1) Recruits, entices, harbors, transports, provides, or obtains by any means, including

4 but not limited to through the use of force, abduction, coercion, fraud, deception, blackmail, or

5 causing or threatening to cause financial harm, a person under the age of eighteen to participate

6 in a commercial sex act, a sexual performance, or the production of explicit sexual material as

7 defined in section 573.010, or benefits, financially or by receiving anything of value, from

8 participation in such activities;

9      (2) Causes a person under the age of eighteen to engage in a commercial sex act, a

10 sexual performance, or the production of explicit sexual material as defined in section 573.010;

11 or

12     (3) Advertises the availability of a person under the age of eighteen to participate in a

13 commercial sex act, a sexual performance, or the production of explicit sexual material as

14 defined in section 573.010.

15     2. It shall not be a defense that the defendant believed that the person was eighteen years

16 of age or older.

17     3. The offense of sexual trafficking of a child in the second degree is a felony punishable

18 by imprisonment for a term of years not less than twenty years or life and a fine not to exceed

19 two hundred fifty thousand dollars if the child is under the age of eighteen. If a violation of this

20 section was effected by force, abduction, or coercion, the [crime] offense of sexual trafficking

21 of a child shall be a felony for which the authorized term of imprisonment is life imprisonment

22 without eligibility for probation or parole until the defendant has served [not less than twenty-

23 five years] eighty-five percent of such sentence as provided under section 558.011.

       568.045. 1. A person commits the offense of endangering the welfare of a child in the

2 first degree if he or she:

3      (1) Knowingly acts in a manner that creates a substantial risk to the life, body, or health

4 of a child less than [seventeen] eighteen years of age;

5      (2) Knowingly engages in sexual conduct with a person under the age of eighteen years

6 over whom the person is a parent, guardian, or otherwise charged with the care and custody;

7      (3) Knowingly encourages, aids or causes a child less than [seventeen] eighteen years

8 of age to engage in any conduct which violates the provisions of chapter 571 or 579; or

9      (4) In the presence of a child less than [seventeen] eighteen years of age or in a
CCS SS SCS HCS HBs 2637 & 3155                99

10 residence where a child less than [seventeen] eighteen years of age resides, unlawfully

11 manufactures or attempts to manufacture compounds, possesses, produces, prepares, sells,

12 transports, tests or analyzes any of the following: fentanyl, carfentanil, amphetamine, or

13 methamphetamine, or any analogue thereof.

14  2. The offense of endangering the welfare of a child in the first degree is a class D felony

15 unless the offense:

16  (1) Is committed as part of an act or series of acts performed by two or more persons as

17 part of an established or prescribed pattern of activity, or where physical injury to the child

18 results, or the offense is a second or subsequent offense under this section, in which case the

19 offense is a class C felony;

20  (2) Involves fentanyl or carfentanil, or any analogue thereof, in which case:

21  (a) The offense is a class B felony; and

22  (b) A person sentenced under this subdivision shall not be eligible for conditional release

23 or parole until he or she has served at least five years of imprisonment;

24  (3) Results in serious physical injury to the child, in which case the offense is a class B

25 felony; or

26  (4) Results in the death of a child, in which case the offense is a class A felony.

               [568.060. 1. As used in this section, the following terms shall mean:

2              (1) "Abuse", the infliction of physical, sexual, or mental injury against

3   a child by any person eighteen years of age or older. For purposes of this

4   section, abuse shall not include injury inflicted on a child by accidental means

5   by a person with care, custody, or control of the child, or discipline of a child

6   by a person with care, custody, or control of the child, including spanking, in

7   a reasonable manner;

8              (2) "Abusive head trauma", a serious physical injury to the head or

9   brain caused by any means, including but not limited to shaking, jerking,

10  pushing, pulling, slamming, hitting, or kicking;

11             (3) "Mental injury", an injury to the intellectual or psychological

12  capacity or the emotional condition of a child as evidenced by an observable

13  and substantial impairment of the ability of the child to function within his or

14  her normal range of performance or behavior;

15             (4) "Neglect", the failure to provide, by those responsible for the care,

16  custody, and control of a child under the age of eighteen years, the care

17  reasonable and necessary to maintain the physical and mental health of the

18  child, when such failure presents a substantial probability that death or

19  physical injury or sexual injury would result;

20             (5) "Physical injury", physical pain, illness, or any impairment of

21  physical condition, including but not limited to bruising, lacerations,

22  hematomas, welts, or permanent or temporary disfigurement and impairment

23  of any bodily function or organ;
CCS SS SCS HCS HBs 2637 & 3155        100

24      (6) "Serious emotional injury", an injury that creates a substantial risk

25  of temporary or permanent medical or psychological damage, manifested by

26  impairment of a behavioral, cognitive, or physical condition. Serious

27  emotional injury shall be established by testimony of qualified experts upon

28  the reasonable expectation of probable harm to a reasonable degree of medical

29  or psychological certainty;

30      (7) "Serious physical injury", a physical injury that creates a

31  substantial risk of death or that causes serious disfigurement or protracted loss

32  or impairment of the function of any part of the body.

33      2. A person commits the offense of abuse or neglect of a child if such

34  person knowingly causes a child who is less than eighteen years of age:

35      (1) To suffer physical or mental injury as a result of abuse or neglect;

36  or

37      (2) To be placed in a situation in which the child may suffer physical

38  or mental injury as the result of abuse or neglect.

39      3. A person commits the offense of abuse or neglect of a child if such

40  person recklessly causes a child who is less than eighteen years of age to

41  suffer from abusive head trauma.

42      4. A person does not commit the offense of abuse or neglect of a child

43  by virtue of the sole fact that the person delivers or allows the delivery of a

44  child to a provider of emergency services.

45      5. (1) A person does not commit the offense of abuse or neglect of a

46  child by virtue of the sole fact that the person allows the child to engage in

47  independent activities without adult supervision and the person is a parent to

48  the child or is responsible for the child's care, provided that the:

49      (a) Independent activities are appropriate based on the child's age,

50  maturity, and physical and mental abilities; and

51      (b) Lack of adult supervision does not constitute conduct that is so

52  grossly negligent as to endanger the health or safety of the child.

53      (2) As used in this subsection, "independent activities" shall include

54  traveling to or from school or nearby locations by bicycle or on foot, playing

55  outdoors, or remaining at home for a reasonable period of time without adult

56  supervision.

57      6. The offense of abuse or neglect of a child is:

58      (1) A class D felony[, without eligibility for probation, parole, or

59  conditional release until the defendant has served no less than one year of such

60  sentence], unless the person has previously been found guilty of a violation of

61  this section or of a violation of the law of any other jurisdiction that prohibits

62  the same or similar conduct or the injury inflicted on the child is a serious

63  emotional injury or a serious physical injury, in which case abuse or neglect

64  of a child is a class B felony, without eligibility for probation or parole until

65  the defendant has served not less than five years of such sentence; or

66      (2) A class A felony if the child dies as a result of injuries sustained

67  from conduct chargeable under the provisions of this section.
CCS SS SCS HCS HBs 2637 & 3155              101

68                   7. Notwithstanding subsection 6 of this section to the contrary, the

69          offense of abuse or neglect of a child is a class A felony, without eligibility for

70          probation, parole, or conditional release until the defendant has served not less

71          than fifteen years of such sentence, if:

72                   (1) The injury is a serious emotional injury or a serious physical

73          injury;

74                   (2) The child is less than fourteen years of age; and

75                   (3) The injury is the result of sexual abuse or sexual abuse in the first

76          degree as defined under section 566.100 or sexual exploitation of a minor as

77          defined under section 573.023.

78                   8. The circuit or prosecuting attorney may refer a person who is

79          suspected of abuse or neglect of a child to an appropriate public or private

80          agency for treatment or counseling so long as the agency has consented to

81          taking such referrals. Nothing in this subsection shall limit the discretion of

82          the circuit or prosecuting attorney to prosecute a person who has been referred

83          for treatment or counseling pursuant to this subsection.

84                   9. Nothing in this section shall be construed to alter the requirement

85          that every element of any crime referred to herein must be proven beyond a

86          reasonable doubt.

87                   10. Discipline, including spanking administered in a reasonable

88          manner, shall not be construed to be abuse under this section.]

    568.060. 1. As used in this section, the following terms shall mean:

2   (1) "Abuse", the infliction of physical, sexual, or mental injury against a child by any

3 person eighteen years of age or older. For purposes of this section, abuse shall not include injury

4 inflicted on a child by accidental means by a person with care, custody, or control of the child,

5 or discipline of a child by a person with care, custody, or control of the child, including

6 spanking, in a reasonable manner;

7   (2) "Abusive head trauma", a serious physical injury to the head or brain caused by any

8 means, including but not limited to shaking, jerking, pushing, pulling, slamming, hitting, or

9 kicking;

10  (3) "Mental injury", an injury to the intellectual or psychological capacity or the

11 emotional condition of a child as evidenced by an observable and substantial impairment of the

12 ability of the child to function within his or her normal range of performance or behavior;

13  (4) "Neglect", the failure to provide, by those responsible for the care, custody, and

14 control of a child under the age of eighteen years, the care reasonable and necessary to maintain

15 the physical and mental health of the child, when such failure presents a substantial probability

16 that death or physical injury or sexual injury would result;

17  (5) "Physical injury", physical pain, illness, or any impairment of physical condition,

18 including but not limited to bruising, lacerations, hematomas, welts, or permanent or temporary
CCS SS SCS HCS HBs 2637 & 3155                     102

19 disfigurement and impairment of any bodily function or organ;

20  (6) "Serious emotional injury", an injury that creates a substantial risk of temporary or

21 permanent medical or psychological damage, manifested by impairment of a behavioral,

22 cognitive, or physical condition. Serious emotional injury shall be established by testimony of

23 qualified experts upon the reasonable expectation of probable harm to a reasonable degree of

24 medical or psychological certainty;

25  (7) "Serious physical injury", a physical injury that creates a substantial risk of death or

26 that causes serious disfigurement or protracted loss or impairment of the function of any part of

27 the body.

28  2. A person commits the offense of abuse or neglect of a child if such person knowingly

29 causes a child who is less than eighteen years of age:

30  (1) To suffer physical or mental injury as a result of abuse or neglect; or

31  (2) To be placed in a situation in which the child may suffer physical or mental injury

32 as the result of abuse or neglect.

33  3. A person commits the offense of abuse or neglect of a child if such person recklessly

34 causes a child who is less than eighteen years of age to suffer from abusive head trauma.

35  4. A person does not commit the offense of abuse or neglect of a child by virtue of the

36 sole fact that the person delivers or allows the delivery of a child to a provider of emergency

37 services.

38  5. (1) A person does not commit the offense of abuse or neglect of a child by virtue of

39 the sole fact that the person allows the child to engage in independent activities without adult

40 supervision and the person is a parent to the child or is responsible for the child's care, provided

41 that the:

42  (a) Independent activities are appropriate based on the child's age, maturity, and physical

43 and mental abilities; and

44  (b) Lack of adult supervision does not constitute conduct that is so grossly negligent as

45 to endanger the health or safety of the child.

46  (2) As used in this subsection, "independent activities" shall include traveling to or from

47 school or nearby locations by bicycle or on foot, playing outdoors, or remaining at home for a

48 reasonable period of time without adult supervision.

49  6. The offense of abuse or neglect of a child is:

50  (1) A class D felony[, without eligibility for probation, parole, or conditional release

51 until the defendant has served no less than one year of such sentence], unless the person has

52 previously been found guilty of a violation of this section or of a violation of the law of any

53 other jurisdiction that prohibits the same or similar conduct or the injury inflicted on the child

54 is a serious emotional injury or a serious physical injury, in which case abuse or neglect of a
CCS SS SCS HCS HBs 2637 & 3155                    103

55 child is a class B felony, without eligibility for probation or parole until the defendant has served

56 not less than five years of such sentence; or

57  (2) A class A felony if the child dies as a result of injuries sustained from conduct

58 chargeable under the provisions of this section.

59  7. Notwithstanding subsection 6 of this section to the contrary, the offense of abuse or

60 neglect of a child is a class A felony, without eligibility for probation, parole, or conditional

61 release until the defendant has served not less than fifteen years of such sentence, if:

62  (1) The injury is a serious emotional injury or a serious physical injury;

63  (2) The child is less than fourteen years of age; and

64  (3) The injury is the result of sexual abuse or sexual abuse in the first degree as defined

65 under section 566.100 or sexual exploitation of a minor as defined under section 573.023.

66  8. The circuit or prosecuting attorney may refer a person who is suspected of abuse or

67 neglect of a child to an appropriate public or private agency for treatment or counseling so long

68 as the agency has consented to taking such referrals. Nothing in this subsection shall limit the

69 discretion of the circuit or prosecuting attorney to prosecute a person who has been referred for

70 treatment or counseling pursuant to this subsection.

71  9. Nothing in this section shall be construed to alter the requirement that every element

72 of any crime referred to herein must be proven beyond a reasonable doubt.

73  10. Discipline, including spanking administered in a reasonable manner, shall not be

74 construed to be abuse under this section.
              573.570. 1. As used in this section, the following terms mean:

2   (1) "Depicted individual", an individual who, as a result of digitization or by means

3 of digital manipulation, appears in whole or in part in an intimate digital depiction and

4 who is identifiable by virtue of the individual's face, likeness, or other distinguishing

5 characteristic, such as a unique birthmark or other recognizable feature, or from

6 information displayed in connection with the digital depiction;

7   (2) "Digital depiction", a realistic visual depiction of an individual that has been

8 created or altered using digital manipulation;

9   (3) "Information content providers", any person or entity that is responsible, in

10 whole or in part, for the creation or development of information provided through the

11 internet or any other interactive computer service;

12  (4) "Intimate digital depiction", a digital depiction of an individual that has been

13 created or altered using digital manipulation and that depicts:

14  (a) The uncovered genitals, pubic area, anus, or postpubescent female nipple of an

15 identifiable individual;

16  (b) The display or transfer of bodily sexual fluids:
CCS SS SCS HCS HBs 2637 & 3155       104

17          a. Onto any part of the body of an identifiable individual; or

18          b. From the body of an identifiable individual; or

19          (c) An identifiable individual engaging in sexually explicit conduct;

20          (5) "Sexually explicit conduct", actual or simulated:

21          (a) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-

22 anal, whether between persons of the same or opposite sex;

23          (b) Bestiality;

24          (c) Masturbation;

25          (d) Sadistic or masochistic abuse; or

26          (e) Lascivious exhibition of the genitals or pubic area of any person.

27          2. A person commits the offense of disclosure of an intimate digital depiction if the

28 person:

29          (1) Discloses an intimate digital depiction:

30          (a) With the intent to harass, annoy, threaten, alarm, or cause substantial harm to

31 the finances or reputation of the depicted individual; or

32          (b) With the actual knowledge that, or reckless disregard for whether, such

33 disclosure will cause physical, emotional, reputational, or economic harm to the depicted

34 individual; or

35          (2) Threatens to disclose an intimate digital depiction:

36          (a) With the intent to harass, annoy, threaten, alarm, or cause substantial harm to

37 the finances or reputation of the depicted individual; or

38          (b) With the actual knowledge that, or reckless disregard for whether, such

39 threatened disclosure will cause physical, emotional, reputational, or economic harm to the

40 depicted individual.

41          3. (1) A violation of subdivision (1) of subsection 2 of this section shall be a class

42 D felony.

43          (2) A violation of subdivision (2) of subsection 2 of this section shall be a class E

44 felony.

45          (3) A violation of subsection 2 of this section shall be a class C felony if:

46          (a) The violation is a second or other subsequent violation of subsection 2 of this

47 section; or

48          (b) The violation is such that the digital depiction could be reasonably expected to:

49          a. Affect the conduct of any administrative, legislative, or judicial proceeding of a

50 federal, state, local, or tribal government agency, including the administration of an

51 election or the conduct of foreign relations; or

52          b. Facilitate violence.
CCS SS SCS HCS HBs 2637 & 3155                 105

53  4. It shall not be a defense to an offense of disclosure of an intimate digital depiction

54 under this section that there is a disclaimer stating that the intimate digital depiction of the

55 depicted individual was unauthorized or that the depicted individual did not participate

56 in the creation or development of the digital depiction.

57  5. For the purposes of this section, a provider of an interactive computer service

58 shall not be held to have committed the offense of disclosure of an intimate digital

59 depiction due to:

60  (1) Any action voluntarily taken in good faith to restrict access to or availability of

61 intimate digital depictions; or

62  (2) Any action taken to enable or make available to information content providers

63 or other persons the technical means to restrict access to intimate digital depictions.
              573.575. 1. A person commits the offense of sadistic online exploitation if he or she:

2   (1) Uses the internet to manipulate, intimidate, hurt, scare, control, or threaten a

3 victim to undergo suffering through forcing their submission, use of violence, self-harm,

4 or destruction for sadistic or sinister purposes;

5   (2) Coerces a victim into performing self-harm, animal harm, harming another

6 person, sharing personal information, or suicidal actions or ideations;

7   (3) Uses non-physical forms of coercion, manipulation, shame or fear to extort

8 another person into providing sexually explicit content then using such content to further

9 extort, threaten, or control the victim; or

10  (4) Uses intimate depictions as devices to threaten or coerce a victim by demanding

11 any kind of financial gain.

12  2. The offense of sadistic online exploitation shall be a class E felony.

    577.800. 1. A person commits the offense of unlawful use of unmanned aircraft over

2 an open-air facility or critical infrastructure facility if he or she purposely:

3   (1) Operates an unmanned aircraft within a vertical distance of four hundred feet from

4 the ground and within the property line of an open-air facility; [or]

5   (2) Uses an unmanned aircraft with the purpose of delivering to a person within an open-

6 air facility any object described in subdivision (1) or (2) of subsection 4 of this section;

7   (3) Uses an unmanned aircraft within the boundary of any critical infrastructure

8 facility; or

9   (4) Operates an unmanned aircraft within a vertical distance of four hundred feet

10 from the ground and within the property line of a critical infrastructure facility in

11 furtherance of any violation of criminal law.

12  2. For purposes of this section, "open-air facility" shall mean any sports, theater, music,

13 performing arts, or other entertainment facility with a capacity of five [thousand] hundred
CCS SS SCS HCS HBs 2637 & 3155                  106

14 people or more and not completely enclosed by a roof or other structure. For purposes of this

15 section, "critical infrastructure facility" shall have the same meaning as section 569.086.

16      3. The provisions of this section shall not prohibit the operation of an unmanned aircraft

17 by:

18      (1) An employee, owner, or operator of an open-air facility [at the direction of the

19 president or chief executive officer of the open-air facility] or critical infrastructure facility

20 for the purpose of monitoring, inspecting, operating, or maintaining the facility;

21      (2) A person who has written consent from the president or chief executive officer of

22 the open-air facility or critical infrastructure facility;

23      (3) An employee of a law enforcement agency, fire department, or emergency medical

24 service in the exercise of official duties;

25      (4) A government official or employee in the exercise of official duties;

26      (5) A public utility or a rural electric cooperative if:

27      (a) The unmanned aircraft is used for the purpose of inspecting, repairing, or

28 maintaining utility transmission or distribution lines or other utility equipment or infrastructure;

29      (b) The utility or cooperative notifies the open-air facility or critical infrastructure

30 facility before flying the unmanned aircraft, except during an emergency; and

31      (c) The person operating the unmanned aircraft does not physically enter the prohibited

32 space without an escort provided by the open-air facility or critical infrastructure facility; or

33      (6) An employee of a railroad in the exercise of official duties on any land owned or

34 operated by a railroad corporation regulated by the Federal Railroad Administration.

35      4. The offense of unlawful use of unmanned aircraft over an open-air facility or critical

36 infrastructure facility shall be punishable as an infraction unless the person uses an unmanned

37 aircraft for:

38      (1) Delivering a gun, knife, weapon, or other article, including any explosive device

39 or material, that may be used in such manner to endanger the life of an employee or guest at

40 an open-air facility or critical infrastructure facility, in which case the offense is a class B

41 felony; or

42      (2) Delivering a controlled substance, as that term is defined under section 195.010, in

43 which case the offense is a class D felony.

44      5. Each open-air facility or critical infrastructure facility shall post a sign warning of

45 the provisions of this section. The sign shall be at least eleven inches by fourteen inches and

46 posted in a conspicuous place.

47      6. This section shall not apply to an operator of an unmanned aircraft that is being

48 used for a commercial purpose that is otherwise operating lawfully, provided the operator

49 is authorized by the Federal Aviation Administration to conduct lawful operations in that
CCS SS SCS HCS HBs 2637 & 3155  107

50 airspace.

              [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

3   adjudicated for an offense referenced in section 589.414, unless such person

4   is exempt from registering under subsection 9 or 10 of this section or section

5   589.401;

6             (2) Any person who, since July 1, 1979, has been or is hereafter

7   convicted of, been found guilty of, or pled guilty or nolo contendere to

8   committing, attempting to commit, or conspiring to commit one or more of the

9   following offenses: kidnapping or kidnapping in the first degree when the

10  victim was a child and the defendant was not a parent or guardian of the child;

11  abuse of a child under section 568.060 when such abuse is sexual in nature;

12  felonious restraint or kidnapping in the second degree when the victim was a

13  child and the defendant is not a parent or guardian of the child; sexual contact

14  or sexual intercourse with a resident of a nursing home or sexual conduct with

15  a nursing facility resident or vulnerable person in the first or second degree;

16  endangering the welfare of a child under section 568.045 when the

17  endangerment is sexual in nature; genital mutilation of a female child, under

18  section 568.065; promoting prostitution in the first degree; promoting

19  prostitution in the second degree; promoting prostitution in the third degree;

20  sexual exploitation of a minor; promoting child pornography in the first

21  degree as it existed prior to August 28, 2026; promoting child sexual abuse

22  material in the first degree; promoting child pornography in the second

23  degree as it existed prior to August 28, 2026; promoting child sexual abuse

24  material in the second degree; possession of child pornography as it existed

25  prior to August 28, 2026; possession of child sexual abuse material;

26  furnishing pornographic material to minors; public display of explicit sexual

27  material; coercing acceptance of obscene material; promoting obscenity in the

28  first degree; promoting pornography for minors or obscenity in the second

29  degree; incest; use of a child in a sexual performance; or promoting sexual

30  performance by a child; patronizing prostitution if the individual the person

31  patronizes is less than eighteen years of age; grooming of a minor;

32  nonconsensual dissemination of private sexual images; or threatening the

33  nonconsensual dissemination of private sexual images;

34            (3) Any person who, since July 1, 1979, has been committed to the

35  department of mental health as a criminal sexual psychopath;

36            (4) Any person who, since July 1, 1979, has been found not guilty as

37  a result of mental disease or defect of any offense referenced in section

38  589.414;

39            (5) Any juvenile certified as an adult and transferred to a court of

40  general jurisdiction who has been adjudicated for an offense listed under

41  section 589.414;

42            (6) Any juvenile fourteen years of age or older at the time of the

43  offense who has been adjudicated for an offense which is equal to or more
CCS SS SCS HCS HBs 2637 & 3155       108

44  severe than aggravated sexual abuse under 18 U.S.C. Section 2241, which

45  shall include any attempt or conspiracy to commit such offense;

46          (7) Any person who is a resident of this state who has, since July 1,

47  1979, been or is hereafter adjudicated in any other state, territory, the District

48  of Columbia, or foreign country, or under federal, tribal, or military

49  jurisdiction for an offense which, if committed in this state, would constitute

50  an offense listed under section 589.414, or has been or is required to register

51  in another state, territory, the District of Columbia, or foreign country, or has

52  been or is required to register under tribal, federal, or military law; or

53          (8) Any person who has been or is required to register in another state,

54  territory, the District of Columbia, or foreign country, or has been or is

55  required to register under tribal, federal, or military law and who works or

56  attends an educational institution, whether public or private in nature,

57  including any secondary school, trade school, professional school, or

58  institution of higher education on a full-time or on a part-time basis or has a

59  temporary residence in Missouri. "Part-time" in this subdivision means for

60  more than seven days in any twelve-month period.

61          2. Any person to whom sections 589.400 to 589.425 apply shall,

62  within three business days of adjudication, release from incarceration, or

63  placement upon probation, register with the chief law enforcement official of

64  the county or city not within a county in which such person resides unless

65  such person has already registered in that county for the same offense. For

66  any juvenile under subdivision (6) of subsection 1 of this section, within three

67  business days of adjudication or release from commitment to the division of

68  youth services, the department of mental health, or other placement, such

69  juvenile shall register with the chief law enforcement official of the county or

70  city not within a county in which he or she resides unless he or she has already

71  registered in such county or city not within a county for the same offense.

72  Any person to whom sections 589.400 to 589.425 apply if not currently

73  registered in their county of residence shall register with the chief law

74  enforcement official of such county or city not within a county within three

75  business days. The chief law enforcement official shall forward a copy of the

76  registration form required by section 589.407 to a city, town, village, or

77  campus law enforcement agency located within the county of the chief law

78  enforcement official.

79          3. The registration requirements of sections 589.400 through 589.425

80  shall be as provided under subsection 4 of this section unless:

81          (1) All offenses requiring registration are reversed, vacated, or set

82  aside;

83          (2) The registrant is no longer required to register and his or her name

84  shall be removed from the registry under the provisions of section 589.414;

85  or

86          (3) The court orders the removal or exemption of such person from the

87  registry under section 589.401.
CCS SS SCS HCS HBs 2637 & 3155           109

88   4. The registration requirements shall be as follows:

89   (1) Fifteen years if the offender is a tier I sex offender as provided

90   under section 589.414;

91   (2) Twenty-five years if the offender is a tier II sex offender as

92   provided under section 589.414; or

93   (3) The life of the offender if the offender is a tier III sex offender.

94   5. (1) The registration period shall be reduced as described in

95   subdivision (3) of this subsection for a sex offender who maintains a clean

96   record for the periods described under subdivision (2) of this subsection by:

97   (a) Not being adjudicated of any offense for which imprisonment for

98   more than one year may be imposed;

99   (b) Not being adjudicated of any sex offense;

100  (c) Successfully completing any periods of supervised release,

101  probation, or parole; and

102  (d) Successfully completing an appropriate sex offender treatment

103  program certified by the attorney general.

104  (2) In the case of a:

105  (a) Tier I sex offender, the period during which the clean record shall

106  be maintained is ten years;

107  (b) Tier III sex offender adjudicated delinquent for the offense which

108  required registration in a sex offender registry under sections 589.400 to

109  589.425, the period during which the clean record shall be maintained is

110  twenty-five years.

111  (3) In the case of a:

112  (a) Tier I sex offender, the reduction is five years;

113  (b) Tier III sex offender adjudicated delinquent, the reduction is from

114  life to that period for which the clean record under paragraph (b) of

115  subdivision (2) of this subsection is maintained.

116  6. For processing an initial sex offender registration the chief law

117  enforcement officer of the county or city not within a county may charge the

118  offender registering a fee of up to ten dollars.

119  7. For processing any change in registration required pursuant to

120  section 589.414 the chief law enforcement official of the county or city not

121  within a county may charge the person changing their registration a fee of five

122  dollars for each change made after the initial registration.

123  8. Any person currently on the sexual offender registry or who

124  otherwise would be required to register for being adjudicated for the offense

125  of felonious restraint of a nonsexual nature when the victim was a child and

126  he or she was the parent or guardian of the child, nonsexual child abuse that

127  was committed under section 568.060, or kidnapping of a nonsexual nature

128  when the victim was a child and he or she was the parent or guardian of the

129  child shall be removed from the registry. However, such person shall remain

130  on the sexual offender registry for any other offense for which he or she is

131  required to register under sections 589.400 to 589.425.
CCS SS SCS HCS HBs 2637 & 3155          110

132  9. The following persons shall be exempt from registering as a sexual

133  offender upon petition to the court of jurisdiction under section 589.401;

134  except that, such person shall remain on the sexual offender registry for any

135  other offense for which he or she is required to register under sections 589.400

136  to 589.425:

137  (1) Any person currently on the sexual offender registry or who

138  otherwise would be required to register for a sexual offense involving:

139  (a) Sexual conduct where no force or threat of force was directed

140  toward the victim or any other individual involved, if the victim was an adult,

141  unless the adult was under the custodial authority of the offender at the time

142  of the offense; or

143  (b) Sexual conduct where no force or threat of force was directed

144  toward the victim, the victim was at least fourteen years of age, and the

145  offender was not more than four years older than the victim at the time of the

146  offense; or

147  (2) Any person currently required to register for the following sexual

148  offenses:

149  (a) Promoting obscenity in the first degree under section 573.020;

150  (b) Promoting obscenity in the second degree under section 573.030;

151  (c) Furnishing pornographic materials to minors under section

152  573.040;

153  (d) Public display of explicit sexual material under section 573.060;

154  (e) Coercing acceptance of obscene material under section 573.065;

155  (f) Trafficking for the purpose of slavery, involuntary servitude,

156  peonage, or forced labor under section 566.206;

157  (g) Abusing an individual through forced labor under section 566.203;

158  (h) Contributing to human trafficking through the misuse of

159  documentation under section 566.215; or

160  (i) Acting as an international marriage broker and failing to provide

161  the information and notice as required under section 578.475.

162  10. Any person currently on the sexual offender registry for having

163  been adjudicated for a tier I or II offense or adjudicated delinquent for a tier

164  III offense or other comparable offenses listed under section 589.414 may file

165  a petition under section 589.401.

166  11. Any nonresident worker, including work as a volunteer or intern,

167  or nonresident student shall register for the duration of such person's

168  employment, including participation as a volunteer or intern, or attendance at

169  any school of higher education whether public or private, including any

170  secondary school, trade school, professional school, or institution of higher

171  education on a full-time or part-time basis in this state unless granted relief

172  under section 589.401. Any registered offender shall provide information

173  regarding any place in which the offender is staying when away from his or

174  her residence for seven or more days, including the period of time the offender

175  is staying in such place. Any registered offender from another state who has
CCS SS SCS HCS HBs 2637 & 3155  111

176  a temporary residence in this state and resides more than seven days in a

177  twelve-month period shall register for the duration of such person's temporary

178  residency unless granted relief under section 589.401.]

             589.400. 1. Unless exempt from registering under section 589.401, sections 589.400
2 to 589.425 shall apply to:

3    (1) Any person who, since July 1, 1979, has been or is hereafter adjudicated for an

4 offense [referenced in section 589.414, unless such person is exempt from registering under

5 subsection 9 or 10 of this section or section 589.401] that would classify the person as a tier

6 I offender, tier II offender, or tier III offender in this state;

7    (2) [Any person who, since July 1, 1979, has been or is hereafter convicted of, been

8 found guilty of, or pled guilty or nolo contendere to committing, attempting to commit, or

9 conspiring to commit one or more of the following offenses: kidnapping or kidnapping in the

10 first degree when the victim was a child and the defendant was not a parent or guardian of the

11 child; abuse of a child under section 568.060 when such abuse is sexual in nature; felonious

12 restraint or kidnapping in the second degree when the victim was a child and the defendant is

13 not a parent or guardian of the child; sexual contact or sexual intercourse with a resident of a

14 nursing home or sexual conduct with a nursing facility resident or vulnerable person in the first

15 or second degree; endangering the welfare of a child under section 568.045 when the

16 endangerment is sexual in nature; genital mutilation of a female child, under section 568.065;

17 promoting prostitution in the first degree; promoting prostitution in the second degree;

18 promoting prostitution in the third degree; sexual exploitation of a minor; promoting child

19 pornography in the first degree; promoting child pornography in the second degree; possession

20 of child pornography; furnishing pornographic material to minors; public display of explicit

21 sexual material; coercing acceptance of obscene material; promoting obscenity in the first

22 degree; promoting pornography for minors or obscenity in the second degree; incest; use of a

23 child in a sexual performance; or promoting sexual performance by a child; patronizing

24 prostitution if the individual the person patronizes is less than eighteen years of 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)] (3) 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] that would classify the

29 person as a tier I offender, tier II offender, or tier III offender;

30   [(5)] (4) Any juvenile certified as an adult and transferred to a court of general

31 jurisdiction who has been adjudicated for an offense [listed under section 589.414] that would

32 classify the juvenile as a tier I offender, tier II offender, or tier III offender;

33   [(6)] (5) Any juvenile fourteen years of age or older at the time of the offense who has
CCS SS SCS HCS HBs 2637 & 3155      112

34 been adjudicated for an offense which is equal to or more severe than aggravated sexual abuse

35 under 18 U.S.C. Section 2241, which shall include any attempt or conspiracy to commit such

36 offense. Juveniles registering under this subdivision shall be assigned a tier under the

37 provisions of section 589.414 and eligible for removal when meeting all other qualifications

38 in sections 589.400 to 589.425. The tier assignment under section 589.414 shall be only for

39 the purposes of registration visit frequency and removal eligibility and shall not otherwise

40 affect the analysis of whether registration is required under this section;

41  [(7)] (6) Any person who is a resident of this state who has, since July 1, 1979, been or

42 is hereafter adjudicated in any other state, territory, the District of Columbia, or foreign country,

43 or under federal, tribal, or military jurisdiction for an offense which, if committed in this state,

44 would constitute an offense [listed under section 589.414] that would classify the person as

45 a tier I offender, tier II offender, or tier III offender, or has been or is required to register in

46 another state, territory, the District of Columbia, or foreign country, or has been or is required

47 to register under tribal, federal, or military law. Persons registering under this subdivision

48 shall be assigned a tier under the provisions of section 589.414 and eligible for removal

49 when meeting all other qualifications in sections 589.400 to 589.425. The tier assignment

50 under section 589.414 shall be only for the purposes of registration visit frequency and

51 removal eligibility and shall not otherwise affect the analysis of whether registration is

52 required under this section; or

53  [(8)] (7) Any person who has been or is required to register in another state, territory,

54 the District of Columbia, or foreign country, or has been or is required to register under tribal,

55 federal, or military law and who works or attends an educational institution, whether public or

56 private in nature, including any secondary school, trade school, professional school, or

57 institution of higher education on a full-time or on a part-time basis or has a temporary residence

58 in Missouri. ["Part-time" in this subdivision means for more than seven days in any twelve-

59 month period.] Persons registering under this subdivision shall be assigned a tier under the

60 provisions of section 589.414 and eligible for removal when meeting all other qualifications

61 in sections 589.400 to 589.425. The tier assignment under section 589.414 shall be only for

62 the purposes of registration visit frequency and removal eligibility and shall not otherwise

63 affect the analysis of whether registration is required under this section.

64  2. Any person or juvenile to whom sections 589.400 to 589.425 apply shall, within three

65 business days of adjudication, release from incarceration, [or] placement upon probation, release

66 from commitment to the division of youth services, release from the department of mental

67 health, or release from other placement, register with the [chief law enforcement]

68 registration official of the county or city not within a county in which such person or juvenile

69 resides unless such person has already registered in that county for the same offense. [For any
CCS SS SCS HCS HBs 2637 & 3155             113

70 juvenile under subdivision (6) of subsection 1 of this section, within three business days of

71 adjudication or release from commitment to the division of youth services, the department of

72 mental health, or other placement, such juvenile shall register with the chief law enforcement

73 official of the county or city not within a county in which he or she resides unless he or she has

74 already registered in such county or city not within a county for the same offense.] Any person

75 or juvenile to whom sections 589.400 to 589.425 apply if not currently registered in their county

76 of residence shall register with the [chief law enforcement] registration official [of such county

77 or city not within a county] within three business days. The [chief law enforcement]

78 registration official shall forward a copy of the registration form required by section 589.407

79 to a city, town, village, or campus law enforcement agency located within the county of the

80 [chief law enforcement] registration official.

81   3. [The registration requirements of sections 589.400 through 589.425 shall be as

82 provided under subsection 4 of this section unless:

83   (1) All offenses requiring registration are reversed, vacated, or set aside;

84   (2) The registrant is no longer required to register and his or her name shall be removed

85 from the registry under the provisions of section 589.414; or

86   (3) The court orders the removal or exemption of such person from the registry under

87 section 589.401.

88   4.] The registration requirements shall be as follows:

89   (1) Fifteen years if the offender is a tier I [sex] offender [as provided under section

90 589.414];

91   (2) Twenty-five years if the offender is a tier II [sex] offender [as provided under section

92 589.414]; or

93   (3) The life of the offender if the offender is a tier III [sex] offender.

94   [5.] 4. (1) The registration period shall be reduced as described in subdivision (3) of this

95 subsection for a sex offender who maintains a clean record for the periods described under

96 subdivision (2) of this subsection by:

97   (a) Not being adjudicated of any offense for which imprisonment for more than one year

98 may be imposed;

99   (b) Not being adjudicated of any sex offense;

100  (c) Successfully completing any periods of supervised release, probation, or parole; and

101  (d) Successfully completing an appropriate sex offender treatment program certified by

102 a jurisdiction or the attorney general, regardless of whether such program was court

103 ordered or voluntary. If records of program completion are unavailable and completion

104 of such program was required as a term of probation, an order discharging the offender

105 from probation or other record acknowledging satisfactory completion of probation shall
CCS SS SCS HCS HBs 2637 & 3155               114

106 constitute prima facie evidence that the offender successfully completed the necessary sex

107 offender treatment program unless rebutted by evidence to the contrary.

108  (2) In the case of a:

109  (a) Tier I [sex] offender, the period during which the clean record shall be maintained

110 is ten years;

111  (b) Tier III [sex] offender adjudicated delinquent for the offense which required

112 registration in a sex offender registry under sections 589.400 to 589.425, the period during

113 which the clean record shall be maintained is twenty-five years.

114  (3) In the case of a:

115  (a) Tier I [sex] offender, the reduction is five years;

116  (b) Tier III [sex] offender adjudicated delinquent, the reduction is from life to that period

117 for which the clean record under paragraph (b) of subdivision (2) of this subsection is

118 maintained.

119  [6.] 5. For processing an initial sex offender registration, the [chief law enforcement

120 officer of the county or city not within a county] registration official may charge the offender

121 registering a fee of up to ten dollars.

122  [7.] 6. For processing any change in registration required pursuant to section 589.414,

123 the [chief law enforcement] registration official [of the county or city not within a county] may

124 charge the person changing their registration a fee of five dollars for each change made after the

125 initial registration.

126  [8. Any person currently on the sexual offender registry or who otherwise would be

127 required to register for being adjudicated for the offense of felonious restraint of a nonsexual

128 nature when the victim was a child and he or she was the parent or guardian of the child,

129 nonsexual child abuse that was committed under section 568.060, or kidnapping of a nonsexual

130 nature when the victim was a child and he or she was the parent or guardian of the child shall

131 be removed from the registry. However, such person shall remain on the sexual offender

132 registry for any other offense for which he or she is required to register under sections 589.400

133 to 589.425.

134  9. The following persons shall be exempt from registering as a sexual offender upon

135 petition to the court of jurisdiction under section 589.401; except that, such person shall remain

136 on the sexual offender registry for any other offense for which he or she is required to register

137 under sections 589.400 to 589.425:

138  (1) Any person currently on the sexual offender registry or who otherwise would be

139 required to register for a sexual offense involving:

140  (a) Sexual conduct where no force or threat of force was directed toward the victim or

141 any other individual involved, if the victim was an adult, unless the adult was under the custodial
CCS SS SCS HCS HBs 2637 & 3155                      115

142 authority of the offender at the time of the offense; or

143  (b) Sexual conduct where no force or threat of force was directed toward the victim, the

144 victim was at least fourteen years of age, and the offender was not more than four years older

145 than the victim at the time of the offense; or

146  (2) Any person currently required to register for the following sexual offenses:

147  (a) Promoting obscenity in the first degree under section 573.020;

148  (b) Promoting obscenity in the second degree under section 573.030;

149  (c) Furnishing pornographic materials to minors under section 573.040;

150  (d) Public display of explicit sexual material under section 573.060;

151  (e) Coercing acceptance of obscene material under section 573.065;

152  (f) Trafficking for the purpose of slavery, involuntary servitude, peonage, or forced labor

153 under section 566.206;

154  (g) Abusing an individual through forced labor under section 566.203;

155  (h) Contributing to human trafficking through the misuse of documentation under

156 section 566.215; or

157  (i) Acting as an international marriage broker and failing to provide the information and

158 notice as required under section 578.475.

159  10. Any person currently on the sexual offender registry for having been adjudicated for

160 a tier I or II offense or adjudicated delinquent for a tier III offense or other comparable offenses

161 listed under section 589.414 may file a petition under section 589.401.]

162  7. Any person with a primary residence outside this state who has a temporary

163 residence in this state in which he or she resides for more than a part-time period shall

164 register with the registration official in the jurisdiction of the temporary residence in

165 accordance with this section for the duration of such person's temporary residency.

166  [11.] 8. Any [nonresident worker] person who is not a resident of this state and not

167 currently registered due to temporary residence under subsection 7 of this section and who

168 works, including work as a volunteer or intern, or is a nonresident student shall register for the

169 duration of such person's employment, including participation as a volunteer or intern, or

170 attendance at any school of higher education, whether public or private, including any secondary

171 school, trade school, professional school, or institution of higher education on a full-time or part-

172 time basis [in this state unless granted relief under section 589.401. Any registered offender

173 shall provide information regarding any place in which the offender is staying when away from

174 his or her residence for seven or more days, including the period of time the offender is staying

175 in such place. Any registered offender from another state who has a temporary residence in this

176 state and resides more than seven days in a twelve-month period shall register for the duration

177 of such person's temporary residency unless granted relief under section 589.401], as long as
CCS SS SCS HCS HBs 2637 & 3155               116

178 the status requiring registration remains active. Such registration shall occur in the county

179 or city not within a county where the status requiring registration occurs. If more than one

180 county or city not within a county meets the requirement, priority shall be in the following

181 order:

182         (1) The county of work;

183         (2) The county of school; and

184         (3) The county of volunteering or any other required status;

185

186 with registration being required at only the highest priority county or city not within a

187 county where the registerable status remains.

            589.401. 1. A person on the sexual offender registry of this state may file a petition in

2 the division of the circuit court in the county or city not within a county in which the offense

3 requiring registration was [committed] adjudicated to have his or her name exempted or

4 removed from the sexual offender registry in accordance with this section.

5           2. (1) 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, termination, or

7 relief from registration, or the declaratory judgment providing for removal, termination,

8 or relief from registration according to the laws of the state, federal, territory, tribal, or

9 military jurisdiction, the District of Columbia, or foreign country in which his or her offense was

10 adjudicated. Upon [the grant of the petition for removal in the] entry of a judgment by a court

11 of competent jurisdiction [where the offense was adjudicated] providing that the person is no

12 longer required to register as a sex offender under the laws of the adjudicating jurisdiction,

13 such judgment may be registered in this state by sending the information required under

14 subsection 5 of this section as well as one authenticated copy of the order granting removal from

15 the sexual offender registry in the jurisdiction where the offense was adjudicated to the court in

16 the county or city not within a county in which the offender is required to register. On receipt

17 of a request for registration removal, the registering court shall cause the order to be filed as a

18 foreign judgment, together with one copy of the documents and information, regardless of their

19 form. The petitioner shall be responsible for costs associated with filing the petition. Nothing

20 in this subdivision shall be construed to remove any requirements for a petition under this

21 section or to remove the requirement that a person prove he or she is entitled to removal

22 under Missouri law, when applicable.

23          (2) A person required to register as an offender in this state based solely on an

24 offense adjudicated in another jurisdiction may file a petition for removal from this state's

25 sexual offender registry, provided that:

26          (a) The offense did not require the person to register as an offender in the
CCS SS SCS HCS HBs 2637 & 3155            117

27 adjudicating jurisdiction at the time the offense was adjudicated; or

28  (b) The person never resided, worked, or attended school in the adjudicating

29 jurisdiction and was never required to register in the adjudicating jurisdiction.

30  (3) A petition filed under subdivision (2) of this subsection shall otherwise satisfy

31 the requirements applicable to a petition filed under subdivision (1) of this subsection.

32  3. A person required to register as a tier III offender shall not file a petition under this

33 section unless the requirement to register results from a juvenile adjudication.

34  4. The petition shall be dismissed without prejudice if the following time periods have

35 not elapsed since the date the person was required to register for his or her most recent offense

36 under sections 589.400 to 589.425:

37  (1) For a tier I offense, ten years;

38  (2) For a tier II offense, twenty-five years; or

39  (3) For a tier III offense adjudicated delinquent, twenty-five years.

40  5. The petition shall be dismissed without prejudice if it fails to include any of the

41 following:

42  (1) The petitioner's:

43  (a) Full name, including any alias used by the [individual] petitioner;

44  (b) Sex;

45  (c) Race;

46  (d) Date of birth;

47  (e) Last four digits of the Social Security number;

48  (f) Address; and

49  (g) Place of employment, school, or volunteer status;

50  (2) The offense and tier of the offense that required the petitioner to register;

51  (3) The date the petitioner was adjudicated for the offense;

52  (4) The date the petitioner was required to register;

53  (5) The case number and court, including the county or city not within a county, that

54 entered the original order for the adjudicated sex offense;

55  (6) Petitioner's original fingerprints on an applicant fingerprint card;

56  (7) If the petitioner was pardoned or an offense requiring registration was reversed,

57 vacated, or set aside, an authenticated copy of the order; and

58  (8) If the petitioner is currently registered under applicable law and has not been

59 adjudicated for failure to register in any jurisdiction and does not have any charges pending for

60 failure to register.

61  6. The petition shall name as respondents the Missouri state highway patrol and the

62 [chief law enforcement] registration official in the county or city not within a county in which
CCS SS SCS HCS HBs 2637 & 3155      118

63 the petition is filed.

64  7. All proceedings under this section shall be governed under the Missouri supreme

65 court rules of civil procedure.

66  8. The person seeking removal or exemption from the registry shall provide the

67 prosecuting attorney in the circuit court in which the petition is filed with notice of the petition.

68 The prosecuting attorney may present evidence in opposition to the requested relief or may

69 otherwise demonstrate the reasons why the petition should be denied. Failure of the person

70 seeking removal or exemption from the registry to notify the prosecuting attorney of the petition

71 shall result in an automatic denial of such person's petition.

72  9. The Missouri state highway patrol, the prosecuting attorney in the circuit court in

73 which the petition is filed, and the petitioner shall have access to all applicable records

74 concerning the petitioner including, but not limited to, criminal history records, mental health

75 records, juvenile records, and records of the department of corrections or probation and parole.

76  10. The prosecuting attorney shall make reasonable efforts to notify the victim of the

77 crime for which the person was required to register of the petition and the dates and times of any

78 hearings or other proceedings in connection with such petition.

79  11. The court shall not enter an order directing the removal of the petitioner's name from

80 the sexual offender registry unless it finds the petitioner:

81  (1) Has not been adjudicated or does not have charges pending for any additional

82 nonsexual offense for which imprisonment for more than one year may be imposed since the

83 date the offender was required to register for his or her current tier level;

84  (2) Has not been adjudicated or does not have charges pending for any additional sex

85 offense that would require registration under sections 589.400 to 589.425 since the date the

86 offender was required to register for his or her current tier level, even if the offense was

87 punishable by less than one year imprisonment;

88  (3) Has successfully completed any required periods of supervised release, probation,

89 or parole without revocation since the date the offender was required to register for his or her

90 current tier level, or, in the case of lifetime supervision or probation, such term has been

91 reduced or terminated by a court of competent jurisdiction;

92  (4) Has successfully completed an appropriate sex offender treatment program as

93 approved by a court of competent jurisdiction or the Missouri department of corrections; and

94  (5) Is not a current or potential threat to public safety.

95  12. In order to meet the criteria required by subdivisions (1) and (2) of subsection 11 of

96 this section, the fingerprints filed in the case shall be examined by the Missouri state highway

97 patrol. The petitioner shall be responsible for all costs associated with the fingerprint-based

98 criminal history check of both state and federal files under section 43.530.
CCS SS SCS HCS HBs 2637 & 3155                    119

99          13. If the petition is denied due to an adjudication in violation of subdivision (1) or (2)

100 of subsection 11 of this section, the petitioner shall not file a new petition under this section

101 until:

102         (1) Fifteen years have passed from the date of the adjudication resulting in the denial of

103 relief if the petitioner is classified as a tier I offender;

104         (2) Twenty-five years have passed from the date of adjudication resulting in the denial

105 of relief if the petitioner is classified as a tier II offender; or

106         (3) Twenty-five years have passed from the date of the adjudication resulting in the

107 denial of relief if the petitioner is classified as a tier III offender on the basis of a juvenile

108 adjudication.

109         14. If the petition is denied due to the petitioner having charges pending in violation of

110 subdivision (1) or (2) of subsection 11 of this section, the petitioner shall not file a new petition

111 under this section until:

112         (1) The pending charges resulting in the denial of relief have been finally disposed of

113 in a manner other than adjudication; or

114         (2) If the pending charges result in an adjudication, the necessary time period has

115 elapsed under subsection 13 of this section.

116         15. (1) Except as provided in subdivision (2) of this subsection, if the petition is

117 denied for reasons other than those outlined in subsection 11 of this section, no successive

118 petition requesting such relief shall be filed for at least five years from the date the judgment

119 denying relief is entered.

120         (2) If the denial was based on a statute or law that has since been amended,

121 repealed, or invalidated, a person may file a new petition within the five-year period. In

122 addition to the requirements under subsection 5 of this section, the new petition shall

123 include the case number and court of the prior petition and identify the applicable change

124 in the statute or law.

125         16. If the court finds the petitioner is entitled to have his or her name removed from the

126 sexual offender registry, the court shall enter judgment directing the removal of the name. A

127 copy of the judgment shall be provided to the respondents named in the petition.

128         17. Any person subject to the judgment requiring his or her name to be removed from

129 the sexual offender registry is not required to register under sections 589.400 to 589.425 unless

130 such person is required to register for an offense that was different from that listed on the

131 judgment of removal.

132         18. The court shall not deny the petition unless the petition failed to comply with the

133 provisions of sections 589.400 to 589.425 or the prosecuting attorney provided evidence

134 demonstrating the petition should be denied.
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135  19. (1) The provisions of subsections 3 and 4 of this section shall not apply to

136 persons filing for exemption pursuant to this subsection.

137  (2) Except as provided in this subsection, a petition for exemption shall be governed

138 by the other requirements provided in this section.

139  (3) A petition for exemption under this subsection shall be the exclusive remedy for

140 adjudicating the applicability of the exemptions in this subsection.

141  (4) A person shall be ordered exempt from registration if the person meets the

142 requirements of this section and the offense requiring registration is:

143  (a) Sexual conduct where no force or threat of force was directed toward the victim,

144 the victim was at least fourteen years of age, and the person was not more than four years

145 older than the victim at the time of the offense, unless the victim was under the custodial

146 authority of the offender at the time of the offense;

147  (b) Sexual conduct where no force or threat of force was directed toward the victim

148 or any other individual involved if the victim or other individual was eighteen years of age

149 or older, unless the victim was under the custodial authority of the offender at the time of

150 the offense;

151  (c) Promoting obscenity in the first degree under section 573.020;

152  (d) Promoting obscenity in the second degree under section 573.030;

153  (e) Furnishing pornographic materials to minors under section 573.040;

154  (f) Public display of explicit sexual material under section 573.060; or

155  (g) Coercing acceptance of obscene material under section 573.065.

156  (5) The person shall have the burden of proving the person meets the requirements

157 for exemption. In determining whether the person meets the requirements, a court may

158 look beyond the offense of conviction and consider the underlying facts and conduct of the

159 offense when evaluating noncategorical exemptions.

160  (6) If a court determines a person to be exempt, the provisions of sections 589.400

161 to 589.425 shall not apply for the purposes of the exempt offense. In the event a person

162 currently registering is found to be exempt from the registration visit requirements, the

163 person shall also be removed from the sexual offender registry.

164  (7) Nothing in this subsection shall prohibit a person from remaining or being

165 placed on the sexual offender registry for any other nonexempt offense for which the

166 person is required to register under sections 589.400 to 589.425.

167  (8) If a petition for exemption is filed before a person is required to register under

168 sections 589.400 to 589.425, the requirements of sections 589.400 to 589.425 shall be

169 automatically stayed pending the outcome. In the event a petition is denied, the

170 requirements of sections 589.400 to 589.425 shall be in effect three business days following
CCS SS SCS HCS HBs 2637 & 3155      121

171 the exhaustion of all appeal rights. Nothing in this subdivision shall alter or be construed

172 to give any court authority to alter ongoing requirements for persons whose initial

173 registration requirement begins prior to the filing of a petition for exemption until a final

174 order of exemption is entered.

175    20. The provisions of subsections 3 and 4 of this section shall not apply to persons

176 filing for removal if the offense requiring registration is reversed, vacated, or set aside. A

177 petition for removal due to the offense being reversed, vacated, or set aside shall be filed

178 in accordance with all other requirements of this section and shall be the exclusive remedy

179 for removal in such situations. Such petition shall include a certified copy of the action

180 reversing, vacating, or setting aside the offense requiring registration.

181    21. This section shall be the sole remedy for removal or exemption for persons

182 adjudicated of a registerable offense. No declaratory action shall be filed for relief from

183 registration requirements, except if registration, or threat thereof, is the result of an

184 offense never requiring registration. Nothing in this subsection shall be construed to

185 prohibit the filing of a declaratory action solely on the issue of what tier an offender should

186 be classified under.

187    22. Notwithstanding any other provision of law, no person convicted of an offense

188 that requires him or her to register under sections 589.400 to 589.425 shall change his or

189 her legal name for the period of time he or she is required to register. To the extent the

190 person has a prior legal name that was utilized on or after the date of conviction for any

191 offense requiring registration, such name shall be reported under this section as an alias.
                589.403. 1. Any person who is required to register under sections 589.400 to 589.425

2 and who is paroled, discharged, or otherwise released from any correctional facility of the

3 department of corrections, any mental health institution, private jail under section 221.095, or

4 other private facility recognized by or contracted with the department of corrections or

5 department of mental health where such person was confined shall:

6      (1) If the person plans to reside in this state, be informed by the official in charge of such

7 correctional facility, private jail, or mental health institution of the person's possible duty to

8 register pursuant to sections 589.400 to 589.425. If such person is required to register pursuant

9 to sections 589.400 to 589.425, the official in charge of the correctional facility, private jail, or

10 the mental health institution shall complete the initial registration notification at least seven days

11 prior to release and [forward] report the offender's initial registration[,] notification in

12 accordance with subsection 1 of section 589.410 within three business days of release[,] to the

13 Missouri state highway patrol and the [chief law enforcement] registration official of the county

14 or city not within a county where the person expects to reside upon discharge, parole, or release;

15 or
CCS SS SCS HCS HBs 2637 & 3155                122

16  (2) If the person does not reside or plan to reside in Missouri, be informed by the official

17 in charge of such correctional facility, private jail, or mental health institution of the person's

18 possible duty to register under sections 589.400 to 589.425. If such person is required to register

19 under sections 589.400 to 589.425, the official in charge of the correctional facility, private jail,

20 or [the] mental health institution shall complete the initial registration notification at least seven

21 days prior to release and [forward] report the offender's initial registration[,] notification in

22 accordance with subsection 1 of section 589.410 within three business days of release[,] to the

23 Missouri state highway patrol and the [chief law enforcement] registration official [within] of

24 the county or city not within a county where the correctional facility, private jail, or mental

25 health institution is located.

26  2. If the offender refuses to complete and sign the registration information as outlined

27 in this section or fails to register with the [chief law enforcement] registration official within

28 three business days as directed, the offender commits the offense of failure to register under

29 section 589.425 within the jurisdiction where the correctional facility, private jail, or mental

30 health institution is located.
              589.404. As used in sections 589.400 to 589.425, the following terms mean:

2   (1) "Adjudicated" or "adjudication", adjudication of delinquency, a finding of guilt, plea

3 of guilt, finding of not guilty due to mental disease or defect, or plea of nolo contendere to

4 committing, attempting to commit, or conspiring to commit. Adjudication does not require

5 the imposition of sentence for the purposes of sections 589.400 to 589.425. The term

6 "adjudication" shall include by reference all acts meeting the definition of "conviction"

7 under Section 111 of the Sex Offender Registration and Notification Act, Title I of the

8 Adam Walsh Child Protection and Safety Act of 2006, P.L. 109-248, as amended;

9   (2) "Adjudicated delinquent", a person found to have committed an offense that, if

10 committed by an adult, would be a criminal offense;

11  (3) "Chief law enforcement official", the sheriff's office of each county or the police

12 department of a city not within a county;

13  (4) "Electronic mail", the transmission of information or communication by the

14 use of the internet, a computer, a facsimile machine, a pager, a cellular telephone or other

15 wireless communication device, a video recorder, or other electronic means sent to a

16 person identified by a unique address or address number and received by that person;

17  (5) "Entity", a business or organization that provides internet service, electronic

18 communications service, remote computing service, online service, electronic mail service,

19 or electronic instant message or chat services regardless of whether the business or

20 organization is within or outside this state;

21  (6) "Instant message", a form of real-time text communication between two or
CCS SS SCS HCS HBs 2637 & 3155         123

22 more people. The communication is conveyed via computers connected over a network

23 such as the internet, or between cell phone or wireless communication device users, or over

24 a cell phone or wireless communication device network;

25  (7) "Offender registration", the required minimum informational content of sex offender

26 registries, which shall consist of, but not be limited to, a full set of fingerprints on a standard sex

27 offender registration card upon initial registration in Missouri, as well as all other forms and in

28 whatever manner required by the Missouri state highway patrol upon each initial and

29 subsequent registration;

30  (8) "Online identifier", includes all of the following: electronic mail address,

31 instant message screen name, user ID, cell phone number or wireless communication

32 device number or identifier, chat or other internet communication name, social media

33 profiles, IP addresses, or other identity information specified on the registration form by

34 the Missouri state highway patrol;

35  (9) "Part-time", more than seven days in any twelve-month period;

36  (10) "Probation officer", includes any agent of a private entity assigned to provide

37 probation supervision services to an offender due to the offender's status as a sexual

38 offender who is required to register pursuant to sections 589.400 to 589.425;

39  (11) "Registration official", the chief law enforcement official for the county or city

40 not within a county in which the offender is required to register;

41  [(5)] (12) "Residence", [any place where an offender sleeps for seven or more

42 consecutive or nonconsecutive days or nights within a twelve-month period] the domicile of the

43 offender;

44  [(6)] (13) "Sex offender", any person who meets the criteria to register under sections

45 589.400 to 589.425 or under the Sex Offender Registration and Notification Act, Title I of the

46 Adam Walsh Child Protection and Safety Act of 2006, P.L. 109-248, as amended;

47  (14) "Sex offender registry", a system maintained by the Missouri state highway

48 patrol to collect, store, and disseminate all initial notification information, registration

49 information, offender status, and all other information required under sections 589.400 to

50 589.425. The sex offender registry is a distinct system from the website maintained by the

51 Missouri state highway patrol, which displays a distinct set of information contained within

52 the sex offender registry publicly on the web in accordance with this section;

53  [(7)] (15) "Sex offense", any offense [which] that is listed [under section 589.414 or

54 comparable to those listed under section 589.414 or otherwise] as a tier I offense, tier II

55 offense, or tier III offense, that is comparable to offenses listed as a tier I offense, tier II

56 offense, or tier III offense, or that is otherwise comparable to offenses covered under the Sex

57 Offender Registration and Notification Act, Title I of the Adam Walsh Child Protection and
CCS SS SCS HCS HBs 2637 & 3155                     124

58 Safety Act of 2006, P.L. 109-248, as amended;

59  [(8)] (16) "Sexual act", any type or degree of genital, oral, or anal penetration;

60  [(9)] (17) "Sexual conduct", sexual intercourse, deviate sexual intercourse, or sexual

61 contact;

62  [(10)] (18) "Sexual contact", any touching of another person with the genitals or any

63 touching of the genitals or anus of another person, or the breast of a female person, or such

64 touching through the clothing, or causing semen, seminal fluid, or other ejaculate to come into

65 contact with another person, for the purpose of arousing or gratifying the sexual desire of any

66 person or for the purpose of terrorizing the victim;

67  [(11)] (19) "Sexual element", used for the purposes of distinguishing if sexual contact

68 or a sexual act was committed. Authorities shall refer to information filed by the prosecutor,

69 amended information filed by the prosecutor, indictment information filed by the prosecutor, or

70 amended indictment information filed by the prosecutor, the plea agreement, or court

71 documentation to determine if a sexual element exists;

72  [(12)] (20) "Signature", the name of the offender signed in writing or electronic form

73 approved by the Missouri state highway patrol;

74  [(13)] (21) "Student", an individual who enrolls in or attends the physical location of an

75 educational institution, including a public or private secondary school, trade or professional

76 school, or an institution of higher education;

77  (22) "Temporary residence", any place where a person sleeps for seven or more

78 consecutive or nonconsecutive days or nights within a twelve-month period, other than the

79 person's domicile;

80  (23) "Tier I offender":

81  (a) An individual who has been adjudicated for a tier I offense; or

82  (b) Any offender who is or has been adjudicated in any other state, territory, the

83 District of Columbia, or foreign country, or under federal, tribal, or military jurisdiction

84 for an offense comparable to a tier I offense or that meets the definition of a tier I offense

85 under the Sex Offender Registration and Notification Act, Title I of the Adam Walsh Child

86 Protection and Safety Act of 2006, P.L. 109-248, as amended;

87  (24) "Tier II offender":

88  (a) An individual who has been adjudicated for a tier II offense; or

89  (b) Any offender who is adjudicated for an offense comparable to a tier I offense

90 or failure to register offense under section 589.425 or comparable out-of-state failure to

91 register offense and who is already required to register as a tier I offender due to having

92 been adjudicated of a tier I offense on a previous occasion; or

93  (c) Any offender who is or has been adjudicated in any other state, territory, the
CCS SS SCS HCS HBs 2637 & 3155   125

94 District of Columbia, or foreign country, or under federal, tribal, or military jurisdiction

95 for an offense of a sexual nature or with a sexual element that is comparable to a tier II

96 offense or that meets the definition of a tier II offense under the Sex Offender Registration

97 and Notification Act, Title I of the Adam Walsh Child Protection and Safety Act of 2006,

98 P.L. 109-248, as amended;

99   (25) "Tier III offender":

100  (a) An individual who has been adjudicated for a tier III offense;

101  (b) Any offender registered as a predatory sexual offender or a persistent sexual

102 offender, as the terms "predatory sexual offender" and "persistent sexual offender" are

103 defined in section 566.125;

104  (c) Any offender who is adjudicated for an offense comparable to a tier I offense

105 or tier II offense or failure to register offense under section 589.425, or other comparable

106 out-of-state failure to register offense, who has been or is already required to register as

107 a tier II offender because of having been adjudicated for a tier II offense, two tier I

108 offenses, or a combination of a tier I offense and a failure to register offense, on a previous

109 occasion;

110  (d) Any offender who is adjudicated in any other state, territory, the District of

111 Columbia, or foreign country, or under federal, tribal, or military jurisdiction for an

112 offense of a sexual nature or with a sexual element that is comparable to a tier III offense

113 or that meets the definition of a tier III offense under the Sex Offender Registration and

114 Notification Act, Title I of the Adam Walsh Child Protection and Safety Act of 2006, P.L.

115 109-248, as amended; or

116  (e) Any offender who is adjudicated in this state for any offense of a sexual nature

117 or with a sexual element requiring registration under sections 589.400 to 589.425 that is

118 not classified as a tier I offense or tier II offense in this section;

119  (26) "Tier I offense", the following adjudicated offenses:

120  (a) Kidnapping in the first degree under section 565.110 with sexual motivation if

121 the victim is eighteen years of age or older;

122  (b) Kidnapping in the second degree under section 565.120 with sexual motivation

123 if the victim is eighteen years of age or older;

124  (c) Kidnapping in the third degree under section 565.130 with sexual motivation

125 if the victim is eighteen years of age or older;

126  (d) Invasion of privacy under section 565.252 if the victim is less than eighteen

127 years of age;

128  (e) Child molestation in the second degree under section 566.068 as it existed prior

129 to January 1, 2017, if the punishment is less than one year;
CCS SS SCS HCS HBs 2637 & 3155                 126

130  (f) Sexual misconduct involving a child under section 566.083 if it is a first offense

131 and the punishment is less than one year;

132  (g) Sexual misconduct in the first degree under section 566.093;

133  (h) Sexual misconduct in the second degree under section 566.095;

134  (i) Sexual abuse in the first degree under section 566.100 if the victim is eighteen

135 years of age or older;

136  (j) Sexual abuse in the second degree under section 566.101 if the punishment is less

137 than a year;

138  (k) Sex with an animal under section 566.111;

139  (l) Sexual conduct with a nursing facility resident or vulnerable person in the first

140 degree under section 566.115 if the punishment is less than one year;

141  (m) Sexual conduct under section 566.116 with a nursing facility resident or

142 vulnerable person;

143  (n) Sexual conduct in the course of public duty under section 566.145 if the victim

144 is eighteen years of age or older;

145  (o) Trafficking for the purpose of sexual exploitation under section 566.209 if the

146 victim is eighteen years of age or older;

147  (p) Promoting obscenity in the first degree under section 573.020 if the victim is less

148 than eighteen years of age;

149  (q) Promoting pornography for minors or obscenity in the second degree under

150 section 573.030 if the victim is less than eighteen years of age;

151  (r) Possession of child pornography under section 573.037 as it existed prior to

152 August 28, 2026;

153  (s) Possession of child sexual abuse material under section 573.037;

154  (t) Furnishing pornographic material to minors under section 573.040;

155  (u) Public display of explicit sexual material under section 573.060 if the victim is

156 less than eighteen years of age; or

157  (v) Coercing acceptance of obscene material under section 573.065 if the victim is

158 less than eighteen years of age;

159  (27) "Tier II offense", the following adjudicated offenses:

160  (a) Statutory sodomy in the second degree under section 566.064 if the victim is

161 sixteen to seventeen years of age;

162  (b) Child molestation in the third degree under section 566.069 if the victim is

163 between thirteen and fourteen years of age;

164  (c) Child molestation in the fourth degree under section 566.071 if the victim is

165 thirteen to seventeen years of age;
CCS SS SCS HCS HBs 2637 & 3155              127

166  (d) Sexual misconduct involving a child under section 566.083 if it is a first offense

167 and the penalty is a term of imprisonment of one year or more;

168  (e) Sexual contact with a student under section 566.086 if the victim is thirteen to

169 seventeen years of age;

170  (f) Sexual abuse in the first degree under section 566.100 if the victim is thirteen

171 to seventeen years of age;

172  (g) Sexual conduct in the course of public duty under section 566.145 if the victim

173 is thirteen to seventeen years of age;

174  (h) Grooming or enticement of a minor under section 566.151;

175  (i) Age misrepresentation with intent to solicit a minor under section 566.153;

176  (j) Patronizing prostitution under section 567.030 if the person patronized is

177 eighteen years of age or older;

178  (k) Promoting prostitution in the first degree under section 567.050 if the victim

179 is eighteen years of age or older;

180  (l) Promoting prostitution in the second degree under section 567.060 if the victim

181 is eighteen years of age or older;

182  (m) Promoting prostitution in the third degree under section 567.070 if the victim

183 is eighteen years of age or older;

184  (n) Abuse of a child under section 568.060 if the offense is of a sexual nature and

185 the victim is thirteen to seventeen years of age;

186  (o) Sexual exploitation of a minor under section 573.023;

187  (p) Promoting child pornography in the first degree under section 573.025 as it

188 existed prior to August 28, 2026;

189  (q) Promoting child sexual abuse material in the first degree under section 573.025;

190  (r) Promoting child pornography in the second degree under section 573.035 as it

191 existed prior to August 28, 2026;

192  (s) Promoting child sexual abuse material in the second degree under section

193 573.035;

194  (t) Nonconsensual dissemination of private sexual images under section 573.110 if

195 the victim is seventeen years of age or under or if coercion of the victim was sexual in

196 nature; or

197  (u) Threatening the nonconsensual dissemination of private sexual images under

198 section 573.112 if the victim is seventeen years of age or under or if coercion of the victim

199 was sexual in nature;

200  (28) "Tier III offense", the following adjudicated offenses:

201  (a) Kidnapping in the first degree under section 565.110 if the victim is under
CCS SS SCS HCS HBs 2637 & 3155              128

202 eighteen years of age, excluding kidnapping by a parent or guardian of a nonsexual nature;

203  (b) Kidnapping in the second degree under section 565.120 if the victim is under

204 eighteen years of age, excluding kidnapping by a parent or guardian of a nonsexual nature;

205  (c) Kidnapping in the third degree under section 565.130 if the victim is under

206 eighteen years of age, excluding kidnapping by a parent or guardian of a nonsexual nature;

207  (d) Child kidnapping under section 565.115;

208  (e) Rape in the first degree under section 566.030;

209  (f) Rape in the second degree under section 566.031;

210  (g) Statutory rape in the first degree under section 566.032;

211  (h) Statutory rape in the second degree under section 566.034;

212  (i) Sodomy in the first degree under section 566.060;

213  (j) Sodomy in the second degree under section 566.061;

214  (k) Statutory sodomy in the first degree under section 566.062;

215  (l) Statutory sodomy in the second degree under section 566.064 if the victim is

216 under sixteen years of age;

217  (m) Child molestation in the first degree under section 566.067;

218  (n) Child molestation in the second degree under section 566.068;

219  (o) Child molestation in the third degree under section 566.069 if the victim is

220 under thirteen years of age;

221  (p) Child molestation in the fourth degree under section 566.071 if the victim is

222 under thirteen years of age;

223  (q) Sexual misconduct involving a child under section 566.083 if the offense is a

224 second or subsequent offense;

225  (r) Sexual contact with a student under section 566.086 if the victim is under

226 thirteen years of age;

227  (s) Sexual abuse in the first degree under section 566.100 if the victim is under

228 thirteen years of age;

229  (t) Sexual abuse in the second degree under section 566.101 if the penalty is a term

230 of imprisonment of one year or more;

231  (u) Sexual conduct with a nursing facility resident or vulnerable person in the first

232 degree under section 566.115 if the punishment is one year or more;

233  (v) Sexual conduct in the course of public duty under section 566.145 if the victim

234 is under thirteen years of age;

235  (w) Trafficking for the purpose of sexual exploitation under section 566.209 if the

236 victim is under eighteen years of age;

237  (x) Sexual trafficking of a child in the first degree under section 566.210;
CCS SS SCS HCS HBs 2637 & 3155                  129

238  (y) Sexual trafficking of a child in the second degree under section 566.211;

239  (z) Patronizing prostitution under section 567.030 if the offender is a persistent

240 offender or if the person patronized is less than eighteen years of age;

241  (aa) Promoting prostitution in the first degree under section 567.050 if the victim

242 is under eighteen years of age;

243  (bb) Promoting prostitution in the second degree under section 567.060 if the victim

244 is under eighteen years of age;

245  (cc) Promoting prostitution in the third degree under section 567.070 if the victim

246 is under eighteen years of age;

247  (dd) Promoting travel for prostitution under section 567.085 if the victim is under

248 eighteen years of age;

249  (ee) Incest under section 568.020;

250  (ff) Endangering the welfare of a child in the first degree under section 568.045 if

251 the offense is sexual in nature or if the offense involves sexual intercourse or deviate sexual

252 intercourse with a victim under eighteen years of age;

253  (gg) Abuse of a child under section 568.060 if the offense is of a sexual nature and

254 the victim is under thirteen years of age;

255  (hh) Genital mutilation of a female child under section 568.065;

256  (ii) Use of a child in a sexual performance under section 573.200; or

257  (jj) Promoting a sexual performance by a child under section 573.205;

258  [(14)] (29) "Vehicle", any land vehicle, watercraft, or aircraft.

     589.405. 1. Any person who is required to register under sections 589.400 to 589.425

2 and who is released on probation, discharged upon payment of a fine, or released after

3 confinement in a county jail shall, prior to such release or discharge and at the time of

4 adjudication, be informed of the possible duty to register pursuant to sections 589.400 to 589.425

5 by the court having jurisdiction over the case. If such person is required to register pursuant to

6 sections 589.400 to 589.425 and is placed on probation, the court shall make it a condition of

7 probation that the offender report within three business days to the [chief law enforcement]

8 registration official of the county of adjudication or city not within a county of adjudication to

9 complete initial registration. If such offender is not placed on probation, the court shall:

10   (1) If the offender resides in Missouri, complete the initial notification of duty to register

11 form approved by the state judicial records committee and the Missouri state highway patrol and

12 forward the form within three business days to the Missouri state highway patrol and the [chief

13 law enforcement] registration official in the county or city not within a county in which the

14 offender resides; or

15   (2) If the offender does not reside in Missouri:
CCS SS SCS HCS HBs 2637 & 3155  130

16  (a) Order the offender to report directly to the [chief law enforcement] registration

17 official in the county or city not within a county where the adjudication was heard to register as

18 provided in sections 589.400 to 589.425; and

19  (b) Complete the initial notification of duty to register form approved by the state

20 judicial records committee and the Missouri state highway patrol and forward the form within

21 three business days to the Missouri state highway patrol and the [chief law enforcement]

22 registration official in the county or city not within a county where the offender was

23 adjudicated.

24  2. If the offender resides in Missouri and refuses to complete and sign the registration

25 information as provided in subdivision (1) of subsection 1 of this section, or if the offender

26 resides outside of Missouri and refuses to directly report to the [chief law enforcement]

27 registration official as provided in subdivision (2) of subsection 1 of this section, the offender

28 commits the offense of failure to register under section 589.425.

                 [589.407. 1. Any registration pursuant to sections 589.400 to 589.425

2   shall consist of completion of an offender registration form developed by the

3   Missouri state highway patrol or other format approved by the Missouri state

4   highway patrol. Such form shall consist of a statement, including the

5   signature of the offender, and shall include, but is not limited to, the

6   following:

7                (1) A statement in writing signed by the person, giving the name,

8   address, date of birth, biological sex, as defined in section 191.1720, Social

9   Security number, and phone number of the person, the license plate number

10  and vehicle description, including the year, make, model, and color of each

11  vehicle owned or operated by the offender, any online identifiers[, as defined

12  in section 43.651,] used by the person, the place of employment of such

13  person, enrollment within any institutions of higher education, the crime

14  which requires registration, whether the person was sentenced as a persistent

15  or predatory offender pursuant to section 566.125, the date, place, and a brief

16  description of such crime, the date and place of the conviction or plea

17  regarding such crime, the age and gender of the victim at the time of the

18  offense and whether the person successfully completed the Missouri sexual

19  offender program pursuant to section 589.040, if applicable;

20               (2) The fingerprints and palm prints of the person;

21               (3) Unless the offender's appearance has not changed significantly, a

22  photograph of such offender as follows:

23               (a) Quarterly if a tier III sex offender [under section 589.414]. Such

24  photograph shall be taken every ninety days beginning in the month of the

25  person's birth;

26               (b) Semiannually if a tier II sex offender. Such photograph shall be

27  taken in the month of the person's birth and six months thereafter; and

28               (c) Yearly if a tier I sex offender. Such photograph shall be taken in
CCS SS SCS HCS HBs 2637 & 3155           131

29  the month of the person's birth; [and]

30         (4) A DNA sample from the individual, if a sample has not already

31  been obtained; and

32         (5) Information regarding any temporary residence where the

33  offender is staying away from his or her primary residence for seven or

34  more days, including the period of time the offender is staying in such

35  place, regardless of whether the temporary residence is in Missouri or

36  any other place.

37         2. The offender shall provide positive identification and

38  documentation to substantiate the accuracy of the information completed on

39  the offender registration form, including but not limited to the following:

40         (1) A photocopy of a valid driver's license or nondriver's identification

41  card;

42         (2) A document verifying proof of the offender's residency; and

43         (3) A photocopy of the vehicle registration for each of the offender's

44  vehicles.

45         3. The Missouri state highway patrol shall maintain all required

46  registration information in digitized form.

47         4. [Upon receipt of any changes to an offender's registration

48  information contained in this section, the Missouri state highway patrol shall

49  immediately notify all other jurisdictions in which the offender is either

50  registered or required to register.

51         5.] The offender shall be responsible for reviewing his or her existing

52  registration information for accuracy at every regular in-person appearance

53  and, if any inaccuracies are found, provide proof of the information in

54  question.

55         5. (1) Regular in-person appearances to the registration official

56  following initial registration shall be required:

57         (a) Annually for tier I offenders;

58         (b) Every six months for tier II offenders; and

59         (c) Every ninety days for tier III offenders.

60         (2) For the purposes of establishing a schedule for registration

61  appearances, the registration official shall ensure that the required

62  registration interval is followed from the date of any initial registration

63  until the month of an offender's birth and at the appropriate interval

64  beginning from the month of the offender's birth thereafter.

65         6. The signed offender registration form shall serve as proof that the

66  individual understands his or her duty to register as a sexual offender under

67  sections 589.400 to 589.425 and a statement to this effect shall be included on

68  the form that the individual is required to sign at each registration.

69         7. If an offender has a guardian appointed by a court of

70  competent jurisdiction, the guardian may sign affirming the accuracy of

71  the offender registration form under this section. Nothing in this

72  subsection shall alleviate the requirements of the offender to appear in
CCS SS SCS HCS HBs 2637 & 3155                  132

73  person, nor shall this subsection be construed to affect any restrictions

74  applicable to an offender because of the offender's status on the sexual

75  offender registry.

76  8. Notwithstanding subsection 1 of section 527.270, no person

77  required to register under sections 589.400 to 589.425 shall change his or

78  her name for the period of time he or she is required to be placed on the

79  registry.]

             589.407. 1. Any registration pursuant to sections 589.400 to 589.425 shall consist of
2 completion of an offender registration form developed by the Missouri state highway patrol or
3 other format approved by the Missouri state highway patrol. Such form shall consist of a
4 statement, including the signature of the offender, and shall include, but is not limited to, the
5 following:

6   (1) A statement in writing signed by the person, giving the name, address, date of birth,

7 biological sex, as designated on the birth certificate, Social Security number, and phone

8 number of the person, the license plate number and vehicle description, including the year,

9 make, model, and color of each vehicle owned or operated by the offender, any online

10 identifiers[, as defined in section 43.651,] used by the person, the place of employment of such

11 person, enrollment within any institutions of higher education, the crime which requires

12 registration, whether the person was sentenced as a persistent or predatory offender pursuant to

13 section 566.125, the date, place, and a brief description of such crime, the date and place of the

14 conviction or plea regarding such crime, the age and gender of the victim at the time of the

15 offense and whether the person successfully completed the Missouri sexual offender program

16 pursuant to section 589.040, if applicable;

17  (2) The fingerprints and palm prints of the person;

18  (3) Unless the offender's appearance has not changed significantly, a photograph of such

19 offender as follows:

20  (a) Quarterly if a tier III sex offender [under section 589.414]. Such photograph shall

21 be taken every ninety days beginning in the month of the person's birth;

22  (b) Semiannually if a tier II sex offender. Such photograph shall be taken in the month

23 of the person's birth and six months thereafter; and

24  (c) Yearly if a tier I sex offender. Such photograph shall be taken in the month of the

25 person's birth; [and]

26  (4) A DNA sample from the individual, if a sample has not already been obtained; and

27  (5) Information regarding any temporary residence where the offender is staying

28 away from his or her primary residence for seven or more days, including the period of

29 time the offender is staying in such place, regardless of whether the temporary residence

30 is in Missouri or any other place.
CCS SS SCS HCS HBs 2637 & 3155          133

31  2. The offender shall provide positive identification and documentation to substantiate

32 the accuracy of the information completed on the offender registration form, including but not

33 limited to the following:

34  (1) A photocopy of a valid driver's license or nondriver's identification card;

35  (2) A document verifying proof of the offender's residency; and

36  (3) A photocopy of the vehicle registration for each of the offender's vehicles.

37  3. The Missouri state highway patrol shall maintain all required registration information

38 in digitized form.

39  4. [Upon receipt of any changes to an offender's registration information contained in

40 this section, the Missouri state highway patrol shall immediately notify all other jurisdictions

41 in which the offender is either registered or required to register.

42  5.] The offender shall be responsible for reviewing his or her existing registration

43 information for accuracy at every regular in-person appearance and, if any inaccuracies are

44 found, provide proof of the information in question.

45  5. (1) Regular in-person appearances to the registration official following initial

46 registration shall be required:

47  (a) Annually for tier I offenders;

48  (b) Every six months for tier II offenders; and

49  (c) Every ninety days for tier III offenders.

50  (2) For the purposes of establishing a schedule for registration appearances, the

51 registration official shall ensure that the required registration interval is followed from the

52 date of any initial registration until the month of an offender's birth and at the appropriate

53 interval beginning from the month of the offender's birth thereafter.

54  6. The signed offender registration form shall serve as proof that the individual

55 understands his or her duty to register as a sexual offender under sections 589.400 to 589.425

56 and a statement to this effect shall be included on the form that the individual is required to sign

57 at each registration.

58  7. If an offender has a guardian appointed by a court of competent jurisdiction, the

59 guardian may sign affirming the accuracy of the offender registration form under this

60 section. Nothing in this subsection shall alleviate the requirements of the offender to

61 appear in person, nor shall this subsection be construed to affect any restrictions

62 applicable to an offender because of the offender's status on the sexual offender registry.

63  8. Notwithstanding subsection 1 of section 527.270, no person required to register

64 under sections 589.400 to 589.425 shall change his or her name for the period of time he

65 or she is required to be placed on the registry.
CCS SS SCS HCS HBs 2637 & 3155                134

    589.410. 1. All notifications of a requirement to register shall be reported to the

2 sex offender registry within three days, in a manner prescribed by the Missouri state

3 highway patrol.

4   2. The [chief law enforcement] registration official shall [forward] enter the completed

5 offender registration [form to] forms and related updates into the sex offender registry in a

6 manner prescribed by the Missouri state highway patrol within three days. The Missouri state

7 highway patrol shall [enter] ensure the information entered into the sex offender registry is

8 accessible through the Missouri uniform law enforcement system (MULES) [where it is] and

9 forwarded to the National Crime Information Center (NCIC) in accordance with

10 applicable law. The information shall also be available to members of the criminal justice

11 system, and other entities as provided by law, upon inquiry. Certain portions of the

12 information shall also be published on the internet in accordance with this section.
              [43.650.] 589.411. 1. The Missouri state highway patrol shall[, subject to

2 appropriation,] maintain a web page on the internet which shall be open to the public and shall

3 include a registered sexual offender search capability.

4   2. Except as provided in subsections 4 and 5 of this section, the registered sexual

5 offender search shall make it possible for any person using the internet to search for and find the

6 information specified in subsection 4 of this section, if known, on offenders registered in this

7 state pursuant to sections 589.400 to 589.425.

8   3. The registered sexual offender search shall include the capability to search for sexual

9 offenders by name, zip code, and by typing in an address and specifying a search within a certain

10 number of miles radius from that address.

11  4. Only the information listed in this subsection shall be provided to the public in the

12 registered sexual offender search:

13  (1) The name and any known aliases of the offender;

14  (2) The date of birth and any known alias dates of birth of the offender;

15  (3) A physical description of the offender;

16  (4) The residence, temporary, work, and school addresses of the offender, including the

17 street address, city, county, state, and zip code;

18  (5) Any photographs of the offender;

19  (6) A physical description of the offender's vehicles, including the year, make, model,

20 color, and license plate number;

21  (7) The nature and dates of all offenses qualifying the offender to register, including the

22 tier level assigned to the offender under sections 589.400 to 589.425;

23  (8) The date on which the offender was released from the department of mental health,

24 prison, or jail, or placed on parole, supervised release, or probation for the offenses qualifying
CCS SS SCS HCS HBs 2637 & 3155  135

25 the offender to register;

26      (9) Compliance status of the offender with the provisions of section 589.400 to 589.425;

27 and

28      (10) Any online identifiers[, as defined in section 43.651,] used by the person. Such

29 online identifiers shall not be included in the general profile of an offender on the web page and

30 shall only be available to a member of the public by a search using the specific online identifier

31 to determine if a match exists with a registered offender.

32      5. Juveniles required to register under subdivision (5) of subsection 1 of section 589.400

33 shall be exempt from public notification on the internet to include any adjudications from

34 another state, territory, the District of Columbia, or foreign country or any federal, tribal, or

35 military jurisdiction.

36      6. The Missouri state highway patrol shall regularly update the web page to remove

37 persons who have been ordered removed or exempt by a court in accordance with section

38 589.401, persons who are deceased, and persons who have moved out of the state. In the

39 case of a person who has moved out of the state, the entry shall remain until the Missouri

40 state highway patrol confirms the person has complied with all registration requirements

41 in the person's new state, territory, or country of residence, when applicable.

42      7. In addition to the web page maintained by the Missouri state highway patrol, a

43 registration official may maintain a web page on the internet, which shall be open to the

44 public and shall include a registered sexual offender search capability. Except as provided

45 in subsections 5 and 6 of this section, the registered sexual offender search shall make it

46 possible for any person using the internet to search for and find the information specified

47 in subsection 5 of this section, if known, on offenders registered in this state pursuant to

48 sections 589.400 to 589.425. The chief law enforcement officer of any county or city not

49 within a county may also publish in any newspaper distributed in the county or city not

50 within a county the offender information provided under subsection 3 of this section for

51 any offender residing in the county or city not within a county.
              [43.651.] 589.412. [1. As used in this section, the following terms shall mean:

2       (1) "Electronic mail", the transmission of information or communication by the use of

3 the internet, a computer, a facsimile machine, a pager, a cellular telephone or other wireless

4 communication device, a video recorder, or other electronic means sent to a person identified

5 by a unique address or address number and received by that person;

6       (2) "Entity", a business or organization that provides internet service, electronic

7 communications service, remote computing service, online service, electronic mail service, or

8 electronic instant message or chat services whether the business or organization is within or

9 outside this state;
CCS SS SCS HCS HBs 2637 & 3155                    136

10  (3) "Instant message", a form of real-time text communication between two or more

11 people. The communication is conveyed via computers connected over a network such as the

12 internet, or between cell phone or wireless communication device users, or over a cell phone or

13 wireless communication device network;

14  (4) "Online identifier", includes all of the following: electronic mail address and instant

15 message screen name, user ID, cell phone number or wireless communication device number

16 or identifier, chat or other internet communication name, or other identity information.

17  2.] Subject to appropriations, the Missouri state highway patrol shall make registry

18 information regarding a registered sexual offender's online identifiers available to an entity for

19 the purpose of allowing the entity to prescreen users or for comparison with information held

20 by the entity as provided by this subsection:

21  (1) The information obtained by an entity from the state sexual offender registry shall

22 not be used for any purpose other than for prescreening its users or comparing the database of

23 registered users of the entity against the list of online identifiers of persons in the state sexual

24 offender registry in order to protect children from online sexual predators. The Missouri state

25 highway patrol shall promulgate rules and regulations regarding the release and use of online

26 identifier information. Any rule or portion of a rule, as that term is defined in section 536.010,

27 that is created under the authority delegated in this section shall become effective only if it

28 complies with and is subject to all of the provisions of chapter 536 and, if applicable, section

29 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with

30 the general assembly pursuant to chapter 536 to review, to delay the effective date, or to

31 disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking

32 authority and any rule proposed or adopted after August 28, 2008, shall be invalid and void;

33  (2) Any entity desiring to prescreen its users or compare its database of registered users

34 to the list of online identifiers of persons in the state sexual offender registry may apply to the

35 Missouri state highway patrol to access the information. An entity that complies with the rules

36 and regulations promulgated by the Missouri state highway patrol regarding the release and use

37 of the online identifier information and pays the fee established by the Missouri state highway

38 patrol may screen new users or compare its database of registered users to the list of online

39 identifiers of persons in the state sexual offender registry as frequently as the Missouri state

40 highway patrol may allow for the purpose of identifying a registered user associated with an

41 online identifier contained in the state sexual offender registry;

42  (3) Any entity complying with this subsection in good faith shall be immune from any

43 civil or criminal liability resulting from:

44  (a) The entity's refusal to provide system service to a person on the basis that the entity

45 believed that the person was required to register under sections 589.400 to 589.425;
CCS SS SCS HCS HBs 2637 & 3155  137

46  (b) A person's criminal or tortious acts when the person is required to register pursuant

47 to sections 589.400 to 589.425, and the person complied with the requirement to register their

48 online identifiers under section 589.407, and committed the criminal or tortious acts against a

49 minor with whom he or she had communicated on the entity's system by using their registered

50 online identifier; or

51  (c) Any activity for which the entity would be immune from liability under 47 U.S.C.

52 Section 230.
              [43.533.] 589.413. 1. The Missouri state highway patrol shall, subject to appropriation,

2 operate a toll-free telephone number in order to disseminate registration information provided

3 by [individuals] persons who are required to register under sections 589.400 to 589.425, and

4 receive information from persons regarding the residency of a registered sexual offender. The

5 information available via the telephone number shall include only information that offenders are

6 required to provide under section 589.407. When the Missouri state highway patrol provides

7 such information regarding a sexual offender, the patrol personnel shall advise the person

8 making the inquiry that positive identification of a person believed to be a sexual offender

9 cannot be established unless a fingerprint comparison is made, and that it is illegal to use such

10 information regarding a registered sexual offender to facilitate the commission of a crime. The

11 toll-free telephone number shall be published on the Missouri state highway patrol's sexual

12 offender registry website maintained under section [43.650] 589.411.

13  2. The Missouri state highway patrol shall promulgate rules to effect the enforcement

14 of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is

15 created under the authority delegated in this section shall become effective only if it complies

16 with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.

17 This section and chapter 536 are nonseverable and if any of the powers vested with the general

18 assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and

19 annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and

20 any rule proposed or adopted after August 28, 2006, shall be invalid and void.

    [589.414. 1. Any person required by sections 589.400 to 589.425 to

2   register shall, within three business days, appear in person to the chief law

3   enforcement officer of the county or city not within a county if there is a

4   change to any of the following information:

5   (1) Name;

6   (2) Residence;

7   (3) Employment, including status as a volunteer or intern;

8   (4) Student status; or

9   (5) A termination to any of the items listed in this subsection.

10  2. Any person required to register under sections 589.400 to 589.425

11  shall, within three business days, notify the chief law enforcement official of
CCS SS SCS HCS HBs 2637 & 3155        138

12  the county or city not within a county of any changes to the following

13  information:

14  (1) Vehicle information;

15  (2) Temporary lodging information;

16  (3) Temporary residence information;

17  (4) Email addresses, instant messaging addresses, and any other

18  designations used in internet communications, postings, or telephone

19  communications; or

20  (5) Telephone or other cellular number, including any new forms of

21  electronic communication.

22  3. The chief law enforcement official in the county or city not within

23  a county shall immediately forward the registration changes described under

24  subsections 1 and 2 of this section to the Missouri state highway patrol within

25  three business days.

26  4. If any person required by sections 589.400 to 589.425 to register

27  changes such person's residence or address to a different county or city not

28  within a county, the person shall appear in person and shall inform both the

29  chief law enforcement official with whom the person last registered and the

30  chief law enforcement official of the county or city not within a county having

31  jurisdiction over the new residence or address in writing within three business

32  days of such new address and phone number, if the phone number is also

33  changed. If any person required by sections 589.400 to 589.425 to register

34  changes his or her state, territory, the District of Columbia, or foreign country,

35  or federal, tribal, or military jurisdiction of residence, the person shall appear

36  in person and shall inform both the chief law enforcement official with whom

37  the person was last registered and the chief law enforcement official of the

38  area in the new state, territory, the District of Columbia, or foreign country,

39  or federal, tribal, or military jurisdiction having jurisdiction over the new

40  residence or address within three business days of such new address.

41  Whenever a registrant changes residence, the chief law enforcement official

42  of the county or city not within a county where the person was previously

43  registered shall inform the Missouri state highway patrol of the change within

44  three business days. When the registrant is changing the residence to a new

45  state, territory, the District of Columbia, or foreign country, or federal, tribal,

46  or military jurisdiction, the Missouri state highway patrol shall inform the

47  responsible official in the new state, territory, the District of Columbia, or

48  foreign country, or federal, tribal, or military jurisdiction of residence within

49  three business days.

50  5. Tier I sexual offenders, in addition to the requirements of

51  subsections 1 to 4 of this section, shall report in person to the chief law

52  enforcement official annually in the month of their birth to verify the

53  information contained in their statement made pursuant to section 589.407.

54  Tier I sexual offenders include:

55  (1) Any offender who has been adjudicated for the offense of:
CCS SS SCS HCS HBs 2637 & 3155          139

56          (a) Sexual abuse in the first degree under section 566.100 if the victim

57  is eighteen years of age or older;

58          (b) Sexual misconduct involving a child under section 566.083 if it is

59  a first offense and the punishment is less than one year;

60          (c) Sexual abuse in the second degree under section 566.101 if the

61  punishment is less than a year;

62          (d) Kidnapping in the second degree under section 565.120 with

63  sexual motivation;

64          (e) Kidnapping in the third degree under section 565.130;

65          (f) Sexual conduct with a nursing facility resident or vulnerable

66  person in the first degree under section 566.115 if the punishment is less than

67  one year;

68          (g) Sexual conduct under section 566.116 with a nursing facility

69  resident or vulnerable person;

70          (h) Sexual [contact with a prisoner or offender] conduct in the course

71  of public duty under section 566.145 if the victim is eighteen years of age or

72  older;

73          (i) Sex with an animal under section 566.111;

74          (j) Trafficking for the purpose of sexual exploitation under section

75  566.209 if the victim is eighteen years of age or older;

76          (k) Possession of child pornography under section 573.037 as it

77  existed prior to August 28, 2026;

78          (l) Possession of child sexual abuse material under section

79  573.037;

80          (m) Sexual misconduct in the first degree under section 566.093;

81          [(m)] (n) Sexual misconduct in the second degree under section

82  566.095;

83          [(n)] (o) Child molestation in the second degree under section 566.068

84  as it existed prior to January 1, 2017, if the punishment is less than one year;

85  [or

86          (o)] (p) Invasion of privacy under section 565.252 if the victim is less

87  than eighteen years of age; or

88          (q) Grooming of a minor under section 566.152;

89          (2) Any offender who is or has been adjudicated in any other state,

90  territory, the District of Columbia, or foreign country, or under federal, tribal,

91  or military jurisdiction of an offense of a sexual nature or with a sexual

92  element that is comparable to the tier I sexual offenses listed in this subsection

93  or, if not comparable to those in this subsection, comparable to those

94  described as tier I offenses under the Sex Offender Registration and

95  Notification Act, Title I of the Adam Walsh Child Protection and Safety Act

96  of 2006, Pub. L. 109-248.

97          6. Tier II sexual offenders, in addition to the requirements of

98  subsections 1 to 4 of this section, shall report semiannually in person in the

99  month of their birth and six months thereafter to the chief law enforcement
CCS SS SCS HCS HBs 2637 & 3155  140

100  official to verify the information contained in their statement made pursuant

101  to section 589.407. Tier II sexual offenders include:

102  (1) Any offender who has been adjudicated for the offense of:

103  (a) Statutory sodomy in the second degree under section 566.064 if

104  the victim is sixteen to seventeen years of age;

105  (b) Child molestation in the third degree under section 566.069 if the

106  victim is between thirteen and fourteen years of age;

107  (c) Sexual contact with a student under section 566.086 if the victim

108  is thirteen to seventeen years of age;

109  (d) Enticement of a child under section 566.151;

110  (e) Abuse of a child under section 568.060 if the offense is of a sexual

111  nature and the victim is thirteen to seventeen years of age;

112  (f) Sexual exploitation of a minor under section 573.023;

113  (g) Promoting child pornography in the first degree under section

114  573.025 as it existed prior to August 28, 2026;

115  (h) Promoting child sexual abuse material in the first degree

116  under section 573.025;

117  (i) Promoting child pornography in the second degree under section

118  573.035 as it existed prior to August 28, 2026;

119  (j) Promoting child sexual abuse material in the second degree

120  under section 573.035;

121  [(i)] (k) Patronizing prostitution under section 567.030;

122  [(j)] (l) Sexual [contact with a prisoner or offender] conduct in the

123  course of public duty under section 566.145 if the victim is thirteen to

124  seventeen years of age;

125  [(k)] (m) Child molestation in the fourth degree under section 566.071

126  if the victim is thirteen to seventeen years of age;

127  [(l)] (n) Sexual misconduct involving a child under section 566.083

128  if it is a first offense and the penalty is a term of imprisonment of more than

129  a year; [or

130  (m)] (o) Age misrepresentation with intent to solicit a minor under

131  section 566.153;

132  (p) Nonconsensual dissemination of private sexual images under

133  section 573.110 if the victim is seventeen years of age or under or if

134  coercion of the victim was sexual in nature; or

135  (q) Threatening the nonconsensual dissemination of private sexual

136  images under section 573.112 if the victim is seventeen years of age or

137  under or if coercion of the victim was sexual in nature;

138  (2) Any person who is adjudicated of an offense comparable to a tier

139  I offense listed in this section or failure to register offense under section

140  589.425 or comparable out-of-state failure to register offense and who is

141  already required to register as a tier I offender due to having been adjudicated

142  of a tier I offense on a previous occasion; or

143  (3) Any person who is or has been adjudicated in any other state,
CCS SS SCS HCS HBs 2637 & 3155        141

144  territory, the District of Columbia, or foreign country, or under federal, tribal,

145  or military jurisdiction for an offense of a sexual nature or with a sexual

146  element that is comparable to the tier II sexual offenses listed in this

147  subsection or, if not comparable to those in this subsection, comparable to

148  those described as tier II offenses under the Sex Offender Registration and

149  Notification Act, Title I of the Adam Walsh Child Protection and Safety Act

150  of 2006, Pub. L. 109-248.

151  7. Tier III sexual offenders, in addition to the requirements of

152  subsections 1 to 4 of this section, shall report in person to the chief law

153  enforcement official every ninety days to verify the information contained in

154  their statement made under section 589.407. Tier III sexual offenders include:

155  (1) Any offender registered as a predatory [sexual offender as defined

156  in section 566.123 or a] or persistent sexual offender as defined in section

157  [566.124] 566.125;

158  (2) Any offender who has been adjudicated for the crime of:

159  (a) Rape in the first degree under section 566.030;

160  (b) Statutory rape in the first degree under section 566.032;

161  (c) Rape in the second degree under section 566.031;

162  (d) Endangering the welfare of a child in the first degree under section

163  568.045 if the offense is sexual in nature;

164  (e) Sodomy in the first degree under section 566.060;

165  (f) Statutory sodomy under section 566.062;

166  (g) Statutory sodomy under section 566.064 if the victim is under

167  sixteen years of age;

168  (h) Sodomy in the second degree under section 566.061;

169  (i) Sexual misconduct involving a child under section 566.083 if the

170  offense is a second or subsequent offense;

171  (j) Sexual abuse in the first degree under section 566.100 if the victim

172  is under thirteen years of age;

173  (k) Kidnapping in the first degree under section 565.110 if the victim

174  is under eighteen years of age, excluding kidnapping by a parent or guardian;

175  (l) Child kidnapping under section 565.115;

176  (m) Sexual conduct with a nursing facility resident or vulnerable

177  person in the first degree under section 566.115 if the punishment is greater

178  than a year;

179  (n) Incest under section 568.020;

180  (o) Endangering the welfare of a child in the first degree under section

181  568.045 with sexual intercourse or deviate sexual intercourse with a victim

182  under eighteen years of age;

183  (p) Child molestation in the first degree under section 566.067;

184  (q) Child molestation in the second degree under section 566.068;

185  (r) Child molestation in the third degree under section 566.069 if the

186  victim is under thirteen years of age;

187  (s) Promoting prostitution in the first degree under section 567.050 if
CCS SS SCS HCS HBs 2637 & 3155        142

188  the victim is under eighteen years of age;

189  (t) Promoting prostitution in the second degree under section 567.060

190  if the victim is under eighteen years of age;

191  (u) Promoting prostitution in the third degree under section 567.070

192  if the victim is under eighteen years of age;

193  (v) Promoting travel for prostitution under section 567.085 if the

194  victim is under eighteen years of age;

195  (w) Trafficking for the purpose of sexual exploitation under section

196  566.209 if the victim is under eighteen years of age;

197  (x) Sexual trafficking of a child in the first degree under section

198  566.210;

199  (y) Sexual trafficking of a child in the second degree under section

200  566.211;

201  (z) Genital mutilation of a female child under section 568.065;

202  (aa) Statutory rape in the second degree under section 566.034;

203  (bb) Child molestation in the fourth degree under section 566.071 if

204  the victim is under thirteen years of age;

205  (cc) Sexual abuse in the second degree under section 566.101 if the

206  penalty is a term of imprisonment of more than a year;

207  (dd) Patronizing prostitution under section 567.030 if the offender is

208  a persistent offender;

209  (ee) Abuse of a child under section 568.060 if the offense is of a

210  sexual nature and the victim is under thirteen years of age;

211  (ff) Sexual [contact with a prisoner or offender] conduct in the

212  course of public duty under section 566.145 if the victim is under thirteen

213  years of age;

214  (gg) [Sexual intercourse with a prisoner or offender under section

215  566.145;

216  (hh)] Sexual contact with a student under section 566.086 if the victim

217  is under thirteen years of age;

218  [(ii)] (hh) Use of a child in a sexual performance under section

219  573.200; or

220  [(jj)] (ii) Promoting a sexual performance by a child under section

221  573.205;

222  (3) Any offender who is adjudicated for a crime comparable to a tier

223  I or tier II offense listed in this section or failure to register offense under

224  section 589.425, or other comparable out-of-state failure to register offense,

225  who has been or is already required to register as a tier II offender because of

226  having been adjudicated for a tier II offense, two tier I offenses, or

227  combination of a tier I offense and failure to register offense, on a previous

228  occasion;

229  (4) Any offender who is adjudicated in any other state, territory, the

230  District of Columbia, or foreign country, or under federal, tribal, or military

231  jurisdiction for an offense of a sexual nature or with a sexual element that is
CCS SS SCS HCS HBs 2637 & 3155            143

232  comparable to a tier III offense listed in this section or a tier III offense under

233  the Sex Offender Registration and Notification Act, Title I of the Adam Walsh

234  Child Protection and Safety Act of 2006, Pub. L. 109-248; or

235  (5) Any offender who is adjudicated in Missouri for any offense of a

236  sexual nature requiring registration under sections 589.400 to 589.425 that is

237  not classified as a tier I or tier II offense in this section.

238  8. In addition to the requirements of subsections 1 to 7 of this section,

239  all Missouri registrants who work, including as a volunteer or unpaid intern,

240  or attend any school whether public or private, including any secondary

241  school, trade school, professional school, or institution of higher education,

242  on a full-time or part-time basis or have a temporary residence in this state

243  shall be required to report in person to the chief law enforcement officer in the

244  area of the state where they work, including as a volunteer or unpaid intern,

245  or attend any school or training and register in that state. "Part-time" in this

246  subsection means for more than seven days in any twelve-month period.

247  9. If a person who is required to register as a sexual offender under

248  sections 589.400 to 589.425 changes or obtains a new online identifier as

249  defined in section 43.651, the person shall report such information in the same

250  manner as a change of residence before using such online identifier.]

             589.414. 1. Any person required by sections 589.400 to 589.425 to register shall, within
2 three business days, appear in person to the [chief law enforcement officer of the county or city
3 not within a county] registration official if there is a change to any of the following
4 information:

5    (1) Name;

6    (2) Residence;

7    (3) Employment, including status as a volunteer or intern;

8    (4) Student status; or

9    (5) A termination to any of the items listed in this subsection.

10   2. Any person required to register under sections 589.400 to 589.425 shall, within three

11 business days, notify the [chief law enforcement] registration official [of the county or city not

12 within a county] of any changes to the following information:

13   (1) Vehicle information;

14   (2) [Temporary lodging information;

15   (3)] Temporary residence information;

16   [(4) Email addresses, instant messaging addresses, and any other designations used in

17 internet communications, postings, or telephone communications; or

18   (5)] (3) Telephone or other cellular number, including any new forms of electronic

19 communication; or

20   (4) Online identifiers.
CCS SS SCS HCS HBs 2637 & 3155     144

21  3. The [chief law enforcement] registration official [in the county or city not within a

22 county] shall immediately forward the registration changes described under subsections 1 and

23 2 of this section to the Missouri state highway patrol within three business days in accordance

24 with section 589.410.

25  4. (1) If any person required by sections 589.400 to 589.425 to register changes such

26 person's residence or address to a different county or city not within a county, the person shall

27 appear in person and shall inform both the [chief law enforcement] registration official with

28 whom the person last registered and the [chief law enforcement] registration official of the

29 county or city not within a county having jurisdiction over the new residence or address in

30 writing within three business days of such new address and phone number, if the phone number

31 is also changed.

32  (2) If any person required by sections 589.400 to 589.425 to register changes his or her

33 state, territory, the District of Columbia, or foreign country, or federal, tribal, or military

34 jurisdiction of residence, the person shall appear in person and shall inform both the [chief law

35 enforcement] registration official with whom the person was last registered and the [chief law

36 enforcement] registration official of the area in the new state, territory, the District of

37 Columbia, or foreign country, or federal, tribal, or military jurisdiction having jurisdiction over

38 the new residence or address within three business days of such new address.

39  (3) Whenever a registrant changes residence, the [chief law enforcement] registration

40 official of the county or city not within a county where the person was previously registered

41 shall inform the Missouri state highway patrol of the change within three business days.

42  (4) When the registrant is changing the residence to a new state, territory, the District

43 of Columbia, or foreign country, or federal, tribal, or military jurisdiction, the Missouri state

44 highway patrol shall inform the responsible official in the new state, territory, the District of

45 Columbia, or foreign country, or federal, tribal, or military jurisdiction of residence within three

46 business days.

47  5. Registrants shall appear in person before the registration official and complete

48 all forms required for such purposes by the United States Marshals Service no less than

49 twenty-one days before travel outside of the United States. Such information shall be

50 forwarded to the United States Marshals Service, and a copy shall be provided by the

51 registration official to the Missouri state highway patrol in a manner prescribed by the

52 Missouri state highway patrol.

53  6. Offenders shall be classified as a tier I offender, tier II offender, or tier III

54 offender in accordance with this section. To the extent more than one tier definition

55 applies to an offender, the highest tier that applies shall be the tier into which the offender

56 is classified.
CCS SS SCS HCS HBs 2637 & 3155            145

57          7. The initial determination as to the tier of an offender shall be made by the

58 registration official when an offender first appears for registration with the official. Upon

59 receipt of an initial offender registration from a new registration official, the Missouri state

60 highway patrol shall analyze the initial tier determination for accuracy. If the Missouri

61 state highway patrol determines the initial tier decision is inaccurate, the Missouri state

62 highway patrol shall notify the registration official, and the Missouri state highway patrol's

63 determination shall control the tier classification. Upon receipt of an updated tiering

64 decision, the registration official shall notify the offender no later than the next previously

65 scheduled in-person check-in for the offender. Upon notification of the offender or failure

66 of the offender to appear at the next regularly scheduled in-person check, reporting

67 requirements aligning with the new tier determination shall be in effect.

68          8. Tier I [sexual] offenders, in addition to the requirements of subsections 1 to [4] 5 of

69 this section, shall report in person [to] before the [chief law enforcement] registration official

70 annually in the month of their birth to verify the information contained in their statement made

71 pursuant to section 589.407. [Tier I sexual offenders include:

72          (1) Any offender who has been adjudicated for the offense of:

73          (a) Sexual abuse in the first degree under section 566.100 if the victim is eighteen years

74 of age or older;

75          (b) Sexual misconduct involving a child under section 566.083 if it is a first offense and

76 the punishment is less than one year;

77          (c) Sexual abuse in the second degree under section 566.101 if the punishment is less

78 than a year;

79          (d) Kidnapping in the second degree under section 565.120 with sexual motivation;

80          (e) Kidnapping in the third degree under section 565.130;

81          (f) Sexual conduct with a nursing facility resident or vulnerable person in the first degree

82 under section 566.115 if the punishment is less than one year;

83          (g) Sexual conduct under section 566.116 with a nursing facility resident or vulnerable

84 person;

85          (h) Sexual contact with a prisoner or offender under section 566.145 if the victim is

86 eighteen years of age or older;

87          (i) Sex with an animal under section 566.111;

88          (j) Trafficking for the purpose of sexual exploitation under section 566.209 if the victim

89 is eighteen years of age or older;

90          (k) Possession of child pornography under section 573.037;

91          (l) Sexual misconduct in the first degree under section 566.093;

92          (m) Sexual misconduct in the second degree under section 566.095;
CCS SS SCS HCS HBs 2637 & 3155                     146

93          (n) Child molestation in the second degree under section 566.068 as it existed prior to

94 January 1, 2017, if the punishment is less than one year; or

95          (o) Invasion of privacy under section 565.252 if the victim is less than eighteen years

96 of age;

97          (2) Any offender who is or has been adjudicated in any other state, territory, the District

98 of Columbia, or foreign country, or under federal, tribal, or military jurisdiction of an offense

99 of a sexual nature or with a sexual element that is comparable to the tier I sexual offenses listed

100 in this subsection or, if not comparable to those in this subsection, comparable to those described

101 as tier I offenses under the Sex Offender Registration and Notification Act, Title I of the Adam

102 Walsh Child Protection and Safety Act of 2006, Pub. L. 109-248.

103         6.] 9. Tier II [sexual] offenders, in addition to the requirements of subsections 1 to [4]

104 5 of this section, shall report semiannually in person in the month of their birth and six months

105 thereafter to the [chief law enforcement] registration official to verify the information contained

106 in their statement made pursuant to section 589.407. [Tier II sexual offenders include:

107         (1) Any offender who has been adjudicated for the offense of:

108         (a) Statutory sodomy in the second degree under section 566.064 if the victim is sixteen

109 to seventeen years of age;

110         (b) Child molestation in the third degree under section 566.069 if the victim is between

111 thirteen and fourteen years of age;

112         (c) Sexual contact with a student under section 566.086 if the victim is thirteen to

113 seventeen years of age;

114         (d) Enticement of a child under section 566.151;

115         (e) Abuse of a child under section 568.060 if the offense is of a sexual nature and the

116 victim is thirteen to seventeen years of age;

117         (f) Sexual exploitation of a minor under section 573.023;

118         (g) Promoting child pornography in the first degree under section 573.025;

119         (h) Promoting child pornography in the second degree under section 573.035;

120         (i) Patronizing prostitution under section 567.030;

121         (j) Sexual contact with a prisoner or offender under section 566.145 if the victim is

122 thirteen to seventeen years of age;

123         (k) Child molestation in the fourth degree under section 566.071 if the victim is thirteen

124 to seventeen years of age;

125         (l) Sexual misconduct involving a child under section 566.083 if it is a first offense and

126 the penalty is a term of imprisonment of more than a year; or

127         (m) Age misrepresentation with intent to solicit a minor under section 566.153;

128         (2) Any person who is adjudicated of an offense comparable to a tier I offense listed in
CCS SS SCS HCS HBs 2637 & 3155          147

129 this section or failure to register offense under section 589.425 or comparable out-of-state failure

130 to register offense and who is already required to register as a tier I offender due to having been

131 adjudicated of a tier I offense on a previous occasion; or

132  (3) Any person who is or has been adjudicated in any other state, territory, the District

133 of Columbia, or foreign country, or under federal, tribal, or military jurisdiction for an offense

134 of a sexual nature or with a sexual element that is comparable to the tier II sexual offenses listed

135 in this subsection or, if not comparable to those in this subsection, comparable to those described

136 as tier II offenses under the Sex Offender Registration and Notification Act, Title I of the Adam

137 Walsh Child Protection and Safety Act of 2006, Pub. L. 109-248.

138  7.] 10. Tier III [sexual] offenders, in addition to the requirements of subsections 1 to [4]

139 5 of this section, shall report in person [to] before the [chief law enforcement] registration

140 official every ninety days to verify the information contained in their statement made under

141 section 589.407. [Tier III sexual offenders include:

142  (1) Any offender registered as a predatory sexual offender as defined in section 566.123

143 or a persistent sexual offender as defined in section 566.124;

144  (2) Any offender who has been adjudicated for the crime of:

145  (a) Rape in the first degree under section 566.030;

146  (b) Statutory rape in the first degree under section 566.032;

147  (c) Rape in the second degree under section 566.031;

148  (d) Endangering the welfare of a child in the first degree under section 568.045 if the

149 offense is sexual in nature;

150  (e) Sodomy in the first degree under section 566.060;

151  (f) Statutory sodomy under section 566.062;

152  (g) Statutory sodomy under section 566.064 if the victim is under sixteen years of age;

153  (h) Sodomy in the second degree under section 566.061;

154  (i) Sexual misconduct involving a child under section 566.083 if the offense is a second

155 or subsequent offense;

156  (j) Sexual abuse in the first degree under section 566.100 if the victim is under thirteen

157 years of age;

158  (k) Kidnapping in the first degree under section 565.110 if the victim is under eighteen

159 years of age, excluding kidnapping by a parent or guardian;

160  (l) Child kidnapping under section 565.115;

161  (m) Sexual conduct with a nursing facility resident or vulnerable person in the first

162 degree under section 566.115 if the punishment is greater than a year;

163  (n) Incest under section 568.020;

164  (o) Endangering the welfare of a child in the first degree under section 568.045 with
CCS SS SCS HCS HBs 2637 & 3155              148

165 sexual intercourse or deviate sexual intercourse with a victim under eighteen years of age;

166  (p) Child molestation in the first degree under section 566.067;

167  (q) Child molestation in the second degree under section 566.068;

168  (r) Child molestation in the third degree under section 566.069 if the victim is under

169 thirteen years of age;

170  (s) Promoting prostitution in the first degree under section 567.050 if the victim is under

171 eighteen years of age;

172  (t) Promoting prostitution in the second degree under section 567.060 if the victim is

173 under eighteen years of age;

174  (u) Promoting prostitution in the third degree under section 567.070 if the victim is

175 under eighteen years of age;

176  (v) Promoting travel for prostitution under section 567.085 if the victim is under

177 eighteen years of age;

178  (w) Trafficking for the purpose of sexual exploitation under section 566.209 if the victim

179 is under eighteen years of age;

180  (x) Sexual trafficking of a child in the first degree under section 566.210;

181  (y) Sexual trafficking of a child in the second degree under section 566.211;

182  (z) Genital mutilation of a female child under section 568.065;

183  (aa) Statutory rape in the second degree under section 566.034;

184  (bb) Child molestation in the fourth degree under section 566.071 if the victim is under

185 thirteen years of age;

186  (cc) Sexual abuse in the second degree under section 566.101 if the penalty is a term of

187 imprisonment of more than a year;

188  (dd) Patronizing prostitution under section 567.030 if the offender is a persistent

189 offender;

190  (ee) Abuse of a child under section 568.060 if the offense is of a sexual nature and the

191 victim is under thirteen years of age;

192  (ff) Sexual contact with a prisoner or offender under section 566.145 if the victim is

193 under thirteen years of age;

194  (gg) Sexual intercourse with a prisoner or offender under section 566.145;

195  (hh) Sexual contact with a student under section 566.086 if the victim is under thirteen

196 years of age;

197  (ii) Use of a child in a sexual performance under section 573.200; or

198  (jj) Promoting a sexual performance by a child under section 573.205;

199  (3) Any offender who is adjudicated for a crime comparable to a tier I or tier II offense

200 listed in this section or failure to register offense under section 589.425, or other comparable
CCS SS SCS HCS HBs 2637 & 3155   149

201 out-of-state failure to register offense, who has been or is already required to register as a tier

202 II offender because of having been adjudicated for a tier II offense, two tier I offenses, or

203 combination of a tier I offense and failure to register offense, on a previous occasion;

204  (4) Any offender who is adjudicated in any other state, territory, the District of

205 Columbia, or foreign country, or under federal, tribal, or military jurisdiction for an offense of

206 a sexual nature or with a sexual element that is comparable to a tier III offense listed in this

207 section or a tier III offense under the Sex Offender Registration and Notification Act, Title I of

208 the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. 109-248; or

209  (5) Any offender who is adjudicated in Missouri for any offense of a sexual nature

210 requiring registration under sections 589.400 to 589.425 that is not classified as a tier I or tier

211 II offense in this section.

212  8.] 11. In addition to the requirements of subsections 1 to [7] 5 and 8 to 10 of this

213 section, all Missouri registrants who work, including as a volunteer or unpaid intern, or attend

214 any school whether public or private, including any secondary school, trade school, professional

215 school, or institution of higher education, on a full-time or part-time basis or have a temporary

216 residence in this state shall be required to report in person [to] before the [chief law enforcement

217 officer] registration official in the area of the state where they work, including as a volunteer

218 or unpaid intern, or attend any school or training and register in that state. ["Part-time" in this

219 subsection means for more than seven days in any twelve-month period.

220  9.] 12. If a person who is required to register as a sexual offender under sections 589.400

221 to 589.425 changes or obtains a new online identifier [as defined in section 43.651], the person

222 shall report such information in the same manner as a change of residence before using such

223 online identifier.

     589.415. [1.] Any probation officer or parole officer assigned to a sexual offender who

2 is required to register pursuant to sections 589.400 to 589.425 shall notify the appropriate law

3 enforcement officials whenever the probation officer or parole officer has reason to believe

4 that the offender will be changing his or her residence. Upon obtaining the new address where

5 the offender expects to reside, the probation officer or parole officer shall report such address

6 to the [chief law enforcement] registration official with whom the offender last registered and

7 the [chief law enforcement] registration official of the county having jurisdiction over the new

8 residence, if different. The probation officer or parole officer shall also inform the offender

9 of the offender's duty to register. However, nothing in this section shall affect the offender's

10 duty to register, pursuant to sections 589.400 to 589.425.

11   [2. As used in this section, the term "probation officer" includes any agent of a private

12 entity assigned to provide probation supervision services to an offender due to the offender's

13 status as a sexual offender who is required to register pursuant to sections 589.400 to 589.425.]
CCS SS SCS HCS HBs 2637 & 3155    150

            589.417. 1. Except for the specific information listed in subsection 2 of this section, the

2 complete statements, photographs and fingerprints required by sections 589.400 to 589.425 shall

3 not be subject to the provisions of chapter 610 and are not public records as defined in section

4 610.010, and shall be available only to courts, prosecutors and law enforcement agencies.

5           2. [Notwithstanding any provision of law to the contrary, the chief law enforcement

6 official of the county] (1) The following information shall be available as an open record

7 under chapter 610:

8           (a) Any information retained by the Missouri state highway patrol required to be

9 published on the internet at the time of the request, as provided in section 589.411; and

10          (b) The name, offense requiring registration, dates of registration, and compliance

11 status of any offender who has been removed from the internet because of death or a move

12 out of the state. For offenders who have moved out of the state, the new state of residence

13 shall also be an open record.

14          (2) The registration official shall maintain, for all offenders registered in such county,

15 a complete list of the names, addresses and crimes for which such offenders are registered. Any

16 person may request such list from the [chief law enforcement] registration official of the

17 county.

18          3. Nothing in this section shall be construed to open any records relating to an

19 offender who has been removed from the sexual offender registry or found exempt under

20 section 589.401. Such records shall be governed by the provisions of chapter 610.

21          4. The metadata recorded by the sex offender registry system, website, or other

22 related databases utilized by the sex offender registry including activity logs, user

23 information, or other related information shall be a closed record, available only to

24 authorized users for the administration of criminal justice, as the term "administration of

25 criminal justice" is defined in section 43.500.

                     [589.425. 1. A person commits the crime of failing to register as a sex

2           offender when the person is required to register under sections 589.400 to

3           589.425 and fails to comply with any requirement of sections 589.400 to

4           589.425. Failing to register as a sex offender is a class E felony unless the

5           person is required to register based on having committed an offense in chapter

6           566 which was an unclassified felony, a class A or B felony, or a felony

7           involving a child under the age of fourteen, in which case it is a class D

8           felony.

9                    2. A person commits the crime of failing to register as a sex offender

10          as a second offense by failing to comply with any requirement of sections

11          589.400 to 589.425 and he or she has previously pled guilty to or has

12          previously been found guilty of failing to register as a sex offender. Failing

13          to register as a sex offender as a second offense is a class E felony unless the

14          person is required to register based on having committed an offense in chapter
CCS SS SCS HCS HBs 2637 & 3155          151

15  566, or an offense in any other state or foreign country, or under federal,

16  tribal, or military jurisdiction, which if committed in this state would be an

17  offense under chapter 566 which was an unclassified felony, a class A or B

18  felony, or a felony involving a child under the age of fourteen, in which case

19  it is a class D felony.

20  3. (1) A person commits the crime of failing to register as a sex

21  offender as a third offense by failing to meet the requirements of sections

22  589.400 to 589.425 and he or she has, on two or more occasions, previously

23  pled guilty to or has previously been found guilty of failing to register as a sex

24  offender. Failing to register as a sex offender as a third offense is a class A

25  felony, which shall be punished by a term of imprisonment of not less than ten

26  years and not more than thirty years.

27  (2) No court may suspend the imposition or execution of sentence of

28  a person who pleads guilty to or is found guilty of failing to register as a sex

29  offender as a third offense. No court may sentence such person to pay a fine

30  in lieu of a term of imprisonment.

31  (3) [A person sentenced under this subsection shall not be eligible for

32  conditional release or parole until he or she has served at least two years of

33  imprisonment.

34  (4)] Upon release, an offender who has committed failing to register

35  as a sex offender as a third offense shall be electronically monitored as a

36  mandatory condition of supervision. Electronic monitoring may be based on

37  a global positioning system or any other technology which identifies and

38  records the offender's location at all times.]

             589.425. 1. A person commits the crime of failing to register as a sex offender when the
2 person is required to register under sections 589.400 to 589.425 and fails to comply with any
3 requirement of sections 589.400 to 589.425. Failing to register as a sex offender is a class E
4 felony unless the person is required to register based on having committed an offense in chapter
5 566 which was an unclassified felony, a class A or B felony, or a felony involving a child under
6 the age of fourteen, in which case it is a class D felony.

7   2. A person commits the crime of failing to register as a sex offender as a second offense

8 by failing to comply with any requirement of sections 589.400 to 589.425 and he or she has

9 previously pled guilty to or has previously been found guilty of failing to register as a sex

10 offender. Failing to register as a sex offender as a second offense is a class E felony unless the

11 person is required to register based on having committed an offense in chapter 566, or an offense

12 in any other state or foreign country, or under federal, tribal, or military jurisdiction, which if

13 committed in this state would be an offense under chapter 566 which was an unclassified felony,

14 a class A or B felony, or a felony involving a child under the age of fourteen, in which case it

15 is a class D felony.

16  3. (1) A person commits the crime of failing to register as a sex offender as a third
CCS SS SCS HCS HBs 2637 & 3155        152

17 offense by failing to meet the requirements of sections 589.400 to 589.425 and he or she has, on

18 two or more occasions, previously pled guilty to or has previously been found guilty of failing

19 to register as a sex offender. Failing to register as a sex offender as a third offense is a class A

20 felony, which shall be punished by a term of imprisonment of not less than ten years and not

21 more than thirty years.

22       (2) No court may suspend the imposition or execution of sentence of a person who

23 pleads guilty to or is found guilty of failing to register as a sex offender as a third offense. No

24 court may sentence such person to pay a fine in lieu of a term of imprisonment.

25       (3) [A person sentenced under this subsection shall not be eligible for conditional release

26 or parole until he or she has served at least two years of imprisonment.

27       (4)] Upon release, an offender who has committed failing to register as a sex offender

28 as a third offense shall be electronically monitored as a mandatory condition of supervision.

29 Electronic monitoring may be based on a global positioning system or any other technology

30 which identifies and records the offender's location at all times.

         589.900. 1. For the purposes of sections 589.900 to 589.902, the following terms

2 mean:

3        (1) "Authorized individuals", peace officers, as defined in section 590.010, who are

4 certified in accordance with federal requirements, including the Homeland Security Act

5 of 2002, Pub. L. 107-296, as amended, when applicable, to conduct unmanned aircraft and

6 unmanned aerial system mitigation;

7        (2) "Mitigate", any of the following actions:

8        (a) During the operation of an unmanned aircraft system, to detect, identify,

9 monitor, or track the unmanned aircraft system or unmanned aircraft, without prior

10 consent, including by means of intercept or other access of a wire communication, an oral

11 communication, or an electronic communication used to control the unmanned aircraft

12 system or unmanned aircraft;

13       (b) To warn the operator of the unmanned aircraft system or unmanned aircraft,

14 including by passive or active and direct or indirect physical, electronic, radio, or

15 electromagnetic means, or through the use of remote identification broadcast or other

16 means;

17       (c) To disrupt control of the unmanned aircraft system or unmanned aircraft,

18 without prior consent, including by disabling the unmanned aircraft system or unmanned

19 aircraft by intercepting, interfering, or causing interference with wire, oral, electronic, or

20 radio communications used to control the unmanned aircraft system or unmanned

21 aircraft;

22       (d) To seize or exercise control of the unmanned aircraft system or unmanned
CCS SS SCS HCS HBs 2637 & 3155  153

23 aircraft; or

24  (e) To use reasonable force, if necessary, to disable, damage, or destroy the

25 unmanned aircraft system or unmanned aircraft.

26  2. The terms "unmanned aircraft" and "unmanned aircraft system" shall have the

27 meanings given such terms in 49 U.S.C. Section 44801.
              589.902. 1. To the greatest extent permissible under applicable federal law,

2 including the Homeland Security Act of 2002, Pub. L. 107-296, as amended, authorized

3 individuals in this state shall be empowered to take necessary action to mitigate a credible

4 threat that an unmanned aircraft or unmanned aircraft system poses to the safety or

5 security of people, facilities, assets, a venue or set of venues used for large-scale public

6 gatherings or events, critical infrastructure, or correctional facilities.

7   2. Nothing in this section shall be construed to limit the power of a law enforcement

8 officer in this state to seize an unmanned aircraft system or unmanned aircraft in the

9 course of their duties. A law enforcement officer may use all lawful means to effect such

10 a seizure, which may include the use of mitigation techniques where permissible.

11  3. Any unmanned aircraft system or unmanned aircraft seized under this section

12 or in connection with a criminal act shall be subject to forfeiture under section 513.607.

13  4. Nothing in this section shall be construed to permit the jamming of or

14 interference with any signal, except in accordance with all applicable federal laws, rules,

15 and regulations, including, but not limited to, the Homeland Security Act of 2002, Pub. L.

16 107-296, as amended.
              590.192. 1. There is hereby established the "Critical Incident Stress Management

2 Program" within the department of public safety. The program shall provide services for peace

3 officers and first responders to assist in coping with stress and potential psychological trauma

4 resulting from a response to a critical incident or emotionally difficult event. Such services may

5 include consultation, risk assessment, education, intervention, and other crisis intervention

6 services provided by the department to peace officers and first responders affected by a critical

7 incident. For purposes of this section, a "critical incident" shall mean any event outside the

8 usual realm of human experience that is markedly distressing or evokes reactions of intense fear,

9 helplessness, or horror and involves the perceived threat to a person's physical integrity or the

10 physical integrity of someone else. For purposes of this section, the term "first responder" shall

11 have the same meaning as first responder in section 190.1010.

12  2. All peace officers and first responders shall be required to meet with a program

13 service provider once every three to five years for a mental health check-in, or a department

14 established behavioral health or mental health program that meets the requirements of

15 subsection 1 of this section which shall satisfy this requirement. The program service
CCS SS SCS HCS HBs 2637 & 3155                  154

16 provider shall send a notification to the peace officer's commanding officer, or first responder's

17 commanding officer, or first responder's director or supervisor that he or she completed such

18 check-in.

19  3. Any information disclosed by a peace officer or first responder shall be privileged and

20 shall not be used as evidence in criminal, administrative, or civil proceedings against the peace

21 officer or first responder unless:

22  (1) A program representative reasonably believes the disclosure is necessary to prevent

23 harm to a person who received services or to prevent harm to another person;

24  (2) The person who received the services provides written consent to the disclosure; or

25  (3) The person receiving services discloses information that is required to be reported

26 under mandatory reporting laws.

27  4. (1) There is hereby created in the state treasury the "988 Public Safety Fund", which

28 shall consist of moneys appropriated by the general assembly. The state treasurer shall be

29 custodian of the fund. In accordance with sections 30.170 and 30.180, the state treasurer may

30 approve disbursements. The fund shall be a dedicated fund and moneys in the fund shall be used

31 solely by the department of public safety for the purposes of providing services for peace

32 officers and first responders to assist in coping with stress and potential psychological trauma

33 resulting from a response to a critical incident or emotionally difficult event pursuant to

34 subsection 1 of this section. Such services may include consultation, risk assessment, education,

35 intervention, and other crisis intervention services provided by the department to peace officers

36 or first responders affected by a critical incident. The director of public safety may prescribe

37 rules and regulations necessary to carry out the provisions of this section. Any rule or portion

38 of a rule, as that term is defined in section 536.010, that is created under the authority delegated

39 in this section shall become effective only if it complies with and is subject to all of the

40 provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are

41 nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536

42 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held

43 unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after

44 August 28, 2021, shall be invalid and void.

45  (2) Notwithstanding the provisions of section 33.080 to the contrary, any moneys

46 remaining in the fund at the end of the biennium shall not revert to the credit of the general

47 revenue fund.

48  (3) The state treasurer shall invest moneys in the fund in the same manner as other funds

49 are invested. Any interest and moneys earned on such investments shall be credited to the fund.

    632.305. 1. An application for detention for evaluation and treatment at a mental health

2 facility may be executed by any adult person, who need not be an attorney or represented by an
CCS SS SCS HCS HBs 2637 & 3155  155

3 attorney, on a form provided by the court for such purpose, and shall allege under oath[, without

4 a notarization requirement,] that the applicant has reason to believe that the respondent is

5 suffering from a mental disorder and presents a likelihood of serious harm to himself or herself

6 or to others. The application shall specify the factual information on which such belief is based

7 and should contain the names and addresses of all persons known to the applicant who have

8 knowledge of such facts through personal observation.

9   2. The filing of a written application in court by any adult person, who need not be an

10 attorney or represented by an attorney, shall authorize the applicant to bring the matter before

11 the court on an ex parte basis to determine whether the respondent should be taken into custody

12 and transported to a mental health facility. The application may be filed in the court having

13 probate jurisdiction in any county where the respondent may be found. If the court finds that

14 there is probable cause, either upon testimony under oath or upon a review of affidavits,

15 declarations, or other supporting documentation, to believe that the respondent may be suffering

16 from a mental disorder and presents a likelihood of serious harm to himself or herself or others,

17 it shall direct a peace officer to take the respondent into custody and transport him or her to a

18 mental health facility for detention for evaluation and treatment for a period not to exceed

19 ninety-six hours unless further detention and treatment is authorized pursuant to this chapter.

20 Nothing herein shall be construed to prohibit the court, in the exercise of its discretion, from

21 giving the respondent an opportunity to be heard.

22  3. A peace officer may take a person into custody for detention for evaluation and

23 treatment at a mental health facility for a period not to exceed ninety-six hours only when such

24 peace officer has reasonable cause to believe that such person is suffering from a mental disorder

25 and that the likelihood of serious harm by such person to himself or herself or others is imminent

26 unless such person is immediately taken into custody. Upon arrival at the mental health facility,

27 the peace officer who conveyed such person or caused him or her to be conveyed shall either

28 present the application for detention for evaluation and treatment upon which the court has

29 issued a finding of probable cause and the respondent was taken into custody or complete an

30 application for initial detention for evaluation and treatment for a period not to exceed ninety-six

31 hours which shall be based upon his or her own personal observations or investigations and shall

32 contain the information required in subsection 1 of this section.

33  4. If a person presents himself or herself or is presented by others to a mental health

34 facility and a licensed physician, a registered professional nurse or a mental health professional

35 designated by the head of the facility and approved by the department for such purpose has

36 reasonable cause to believe that the person is mentally disordered and presents an imminent

37 likelihood of serious harm to himself or herself or others unless he or she is accepted for

38 detention, the licensed physician, the mental health professional or the registered professional
CCS SS SCS HCS HBs 2637 & 3155           156

39 nurse designated by the facility and approved by the department may complete an application

40 for detention for evaluation and treatment for a period not to exceed ninety-six hours. The

41 application shall be based on his or her own personal observations or investigation and shall

42 contain the information required in subsection 1 of this section.

43  5. (1) No notarization shall be required for an application, or for any affidavits,

44 declarations, or other documents supporting an application, completed or executed, by:

45  (a) A peace officer under subsection 3 of this section;

46  (b) A licensed physician, mental health professional, or registered professional

47 nurse under subsection 4 of this section; or

48  (c) An employee acting on behalf of a hospital, as defined in section 197.020, under

49 subsections 1 and 2 of this section.

50  (2) The application and any affidavits, declarations, or other documents supporting the

51 application shall be subject to the provisions of section 492.060 allowing for declaration under

52 penalty of perjury.
              632.489. 1. Upon filing a petition pursuant to section 632.484 or 632.486, the judge

2 shall determine whether probable cause exists to believe that the person named in the petition

3 is a sexually violent predator. If such probable cause determination is made, the judge shall

4 direct that person be taken into custody and direct that the person be transferred to an appropriate

5 secure facility, including, but not limited to, a county jail. If the person is ordered to the

6 department of mental health, the director of the department of mental health shall determine the

7 appropriate secure facility to house the person under the provisions of section 632.495.

8   2. Within seventy-two hours after a person is taken into custody pursuant to subsection

9 1 of this section, excluding Saturdays, Sundays and legal holidays, such person shall be provided

10 with notice of, and an opportunity to appear in person at, a hearing to contest probable cause as

11 to whether the detained person is a sexually violent predator. At this hearing the court shall:

12  (1) Verify the detainee's identity; and

13  (2) Determine whether probable cause exists to believe that the person is a sexually

14 violent predator. The state may rely upon the petition and supplement the petition with

15 additional documentary evidence or live testimony.

16  3. At the probable cause hearing as provided in subsection 2 of this section, the detained

17 person shall have the following rights in addition to the rights previously specified:

18  (1) To be represented by counsel;

19  (2) To present evidence on such person's behalf;

20  (3) To cross-examine witnesses who testify against such person; and

21  (4) To view and copy all petitions and reports in the court file, including the assessment

22 of the multidisciplinary team.
CCS SS SCS HCS HBs 2637 & 3155  157

23  4. If the probable cause determination is made, the court shall direct that the person be

24 transferred to an appropriate secure facility, including, but not limited to, a county jail, for an

25 evaluation as to whether the person is a sexually violent predator. If the person is ordered to the

26 department of mental health, the director of the department of mental health shall determine the

27 appropriate secure facility, which may include the department of corrections or a county jail

28 as set forth in section 632.495, to house the person. The court shall direct the director of the

29 department of mental health to have the person examined by a psychiatrist or psychologist as

30 defined in section 632.005 who was not a member of the multidisciplinary team that previously

31 reviewed the person's records. In addition, such person may be examined by a consenting

32 psychiatrist or psychologist of the person's choice at the person's own expense. Any

33 examination shall be conducted in the facility in which the person is confined. Any

34 examinations ordered shall be made at such time and under such conditions as the court deems

35 proper; except that, if the order directs the director of the department of mental health to have

36 the person examined, the director shall determine the time, place and conditions under which the

37 examination shall be conducted. The psychiatrist or psychologist conducting such an

38 examination shall be authorized to interview family and associates of the person being

39 examined, as well as victims and witnesses of the person's offense or offenses, for use in the

40 examination unless the court for good cause orders otherwise. The psychiatrist or psychologist

41 shall have access to all materials provided to and considered by the multidisciplinary team and

42 to any police reports related to sexual offenses committed by the person being examined. Any

43 examination performed pursuant to this section shall be completed and filed with the court

44 within sixty days of the date the order is received by the director or other evaluator unless the

45 court for good cause orders otherwise. One examination shall be provided at no charge by the

46 department. All costs of any subsequent evaluations shall be assessed to the party requesting

47 the evaluation.

    632.492. Within sixty days after the completion of any examination held pursuant to

2 section 632.489, the court shall conduct a trial to determine whether the person is a sexually

3 violent predator. The trial may be continued upon the request of either party and a showing of

4 good cause, or by the court on its own motion in the due administration of justice, and when the

5 respondent will not be substantially prejudiced. At all stages of the proceedings pursuant to

6 sections 632.480 to 632.513, any person subject to sections 632.480 to 632.513 shall be entitled

7 to the assistance of counsel, and if the person is indigent, the court shall appoint counsel to assist

8 such person. The person, the attorney general, or the judge shall have the right to demand that

9 the trial be before a jury. If the trial is held before a jury, the judge shall instruct the jury that

10 if it finds that the person is a sexually violent predator, the person shall be committed to the

11 custody of the director of the department of mental health to be housed in an appropriate
CCS SS SCS HCS HBs 2637 & 3155   158

12 secure facility, as determined by the director of the department of mental health as set

13 forth in section 632.495, for control, care and treatment. If no demand for a jury is made, the

14 trial shall be before the court. The court shall conduct all trials pursuant to this section in open

15 court, except as otherwise provided for by the child victim witness protection law pursuant to

16 sections 491.675 to 491.705.

    632.495. 1. The court or jury shall determine whether, by clear and convincing

2 evidence, the person is a sexually violent predator. If such determination that the person is a

3 sexually violent predator is made by a jury, such determination shall be by unanimous verdict

4 of such jury. Any determination as to whether a person is a sexually violent predator may be

5 appealed.

6   2. If the court or jury determines that the person is a sexually violent predator, the person

7 shall be committed to the custody of the director of the department of mental health for control,

8 care and treatment until such time as the person's mental abnormality has so changed that the

9 person is safe to be at large. Such control, care and treatment shall be provided or arranged by

10 the department of mental health in an appropriate secure facility, as determined by the

11 director of the department of mental health as set forth in this section.

12  3. At all times, persons ordered to the department of mental health after a determination

13 by the court that such persons may meet the definition of a sexually violent predator, persons

14 ordered to the department of mental health after a finding of probable cause under section

15 632.489, and persons committed for control, care and treatment by the department of mental

16 health pursuant to sections 632.480 to 632.513 shall be kept in a secure facility designated by

17 the director of the department of mental health and such persons shall be segregated at all times

18 from any other patient under the supervision of the director of the department of mental health.

19 The department of mental health shall not place or house a person ordered to the department of

20 mental health after a determination by the court that such person may meet the definition of a

21 sexually violent predator, a person ordered to the department of mental health after a finding of

22 probable cause under section 632.489, or a person committed for control, care, and treatment by

23 the department of mental health, pursuant to sections 632.480 to 632.513, with other mental

24 health patients. The provisions of this subsection shall not apply to a person who has been

25 conditionally released under section 632.505.

26  4. The department of mental health is authorized to enter into an interagency agreement

27 with the department of corrections for the confinement of [such] persons ordered to the

28 department of mental health after a determination by the court that such persons may

29 meet the definition of a sexually violent predator or for the confinement of persons ordered

30 to the department of mental health after a finding of probable cause under section 632.489,

31 provided the department of corrections has necessary space and services available and the
CCS SS SCS HCS HBs 2637 & 3155  159

32 director of the department of corrections has agreed to provide such confinement through

33 an interagency agreement with the department of mental health. Such persons who are in

34 the confinement of the department of corrections pursuant to an interagency agreement shall be

35 housed and managed separately from offenders in the custody of the department of corrections,

36 and except for occasional instances of supervised incidental contact, shall be segregated from

37 such offenders. If the department of mental health and the department of corrections have

38 entered into an interagency agreement as provided in this subsection, the department of

39 corrections is authorized to enter into one or more contract agreements as may be

40 necessary to perform the agreed upon responsibilities of the department of corrections

41 under the interagency agreement including, but not limited to, a contract agreement with

42 one or more licensed professionals or providers of health care services to provide health

43 care services to the persons identified in this subsection.

44  5. The department of mental health is authorized to enter into a contract agreement with

45 one or more county jails in Missouri for the confinement of persons ordered to the department

46 of mental health after a determination by the court that such persons may meet the definition of

47 a sexually violent predator or for the confinement of persons ordered to the department of mental

48 health after a finding of probable cause under section 632.489. Such persons who are in the

49 confinement of a county jail pursuant to a contract agreement shall be housed and managed

50 separately from offenders in the custody of the county jail, and except for occasional instances

51 of supervised incidental contact, shall be segregated from such offenders.

52  6. The department of mental health is authorized to enter into an interagency

53 agreement with the department of corrections for the control and care, including health

54 care services, of persons committed to the department of mental health by the court as a

55 sexually violent predator, provided the department of corrections has necessary space and

56 services available and the director of the department of corrections has agreed to provide

57 such control and care through an interagency agreement with the department of mental

58 health. Such persons who are in the control and care of the department of corrections

59 under an interagency agreement shall be housed and managed separately from offenders

60 in the custody of the department of corrections, and except for occasional instances of

61 supervised incidental contact, shall be segregated from such offenders. If the department

62 of mental health and the department of corrections have entered into an interagency

63 agreement as provided in this subsection, the department of corrections is authorized to

64 enter into one or more contract agreements as may be necessary to perform the agreed

65 upon responsibilities of the department of corrections under the interagency agreement

66 including, but not limited to, a contract agreement with one or more licensed professionals

67 or providers of health care services to provide health care services to the persons identified
CCS SS SCS HCS HBs 2637 & 3155                 160

68 in this subsection.

69  7. The department of mental health is authorized to enter into a contract agreement

70 with one or more licensed professionals or providers of health care or mental health care

71 services to provide health care or mental health care services to persons ordered to the

72 department of mental health after a determination by the court that such persons may

73 meet the definition of a sexually violent predator, persons ordered to the department of

74 mental health after a finding of probable cause under section 632.489, and persons

75 committed for control, care, and treatment by the department of mental health under

76 sections 632.480 to 632.513.

77  8. If the court or jury is not satisfied by clear and convincing evidence that the person

78 is a sexually violent predator, the court shall direct the person's release.

79  [7.] 9. Upon a mistrial, the court shall direct that the person be held at an appropriate

80 secure facility, including, but not limited to, a county jail, until another trial is conducted. If the

81 person is ordered to the department of mental health, the director of the department of mental

82 health shall determine the appropriate secure facility to house the person. Any subsequent trial

83 following a mistrial shall be held within ninety days of the previous trial, unless such subsequent

84 trial is continued as provided in section 632.492.
              632.504. Nothing in sections 632.480 to 632.513 shall prohibit a person from filing a

2 petition for release pursuant to sections 632.480 to 632.513. However, if a person has previously

3 filed a petition for release without the [director's] director of the department of mental

4 health's approval and the court determined either upon review of the petition or following a

5 hearing that the petitioner's petition was frivolous or that the petitioner's condition had not so

6 changed that the person was safe to be at large, then the court shall deny the subsequent petition

7 unless the petition contains facts upon which a court could find the condition of the petitioner

8 had so changed that a hearing was warranted. Upon receipt of a first or subsequent petition from

9 committed persons without the director's approval, the court shall endeavor whenever possible

10 to review the petition and determine if the petition is based upon frivolous grounds and if so

11 shall deny the petition without a hearing.

    632.520. 1. For purposes of this section, the following terms mean:

2   (1) "Employee of the department of mental health", a person who is an employee of the

3 department of mental health, an employee or contracted employee of a subcontractor of the

4 department of mental health, or an employee or contracted employee of a subcontractor of an

5 entity [responsible for confining offenders] under an interagency agreement or contract with

6 the department of mental health as authorized by section 632.495;

7   (2) "Offender", a person ordered to the department of mental health after a determination

8 by the court that the person meets the definition of a sexually violent predator, a person ordered
CCS SS SCS HCS HBs 2637 & 3155          161

9 to the department of mental health after a finding of probable cause under section 632.489, or

10 a person committed for control, care, and treatment by the department of mental health under

11 sections 632.480 to 632.513;

12  (3) "Secure facility", a facility operated by the department of mental health or an entity

13 [responsible for confining offenders] designated by the department of mental health to

14 confine offenders or provide control and care to offenders as authorized by section 632.495.

15  2. No offender shall knowingly commit violence to an employee of the department of

16 mental health or to another offender housed in a secure facility. Violation of this subsection

17 shall be a class B felony.

18  3. No offender shall knowingly damage any building or other property owned or

19 operated by the department of mental health. Violation of this subsection shall be a class D

20 felony.
              632.580. The definitions set forth in section 632.005 shall apply to sections 632.580

2 to 632.610. In addition, as used in sections 632.580 to 632.610, unless the context clearly

3 requires otherwise, the following terms mean:

4   (1) "Assisted outpatient treatment", court-ordered involuntary outpatient mental

5 health care services that are provided by a mental health program under a treatment plan

6 developed and monitored by a master's level mental health professional. Such services

7 may include, but are not limited to:

8   (a) Case management;

9   (b) Medication management;

10  (c) Therapy or counseling;

11  (d) Substance use treatment, if applicable;

12  (e) Crisis intervention services; and

13  (f) Assistance with housing, employment, or other community resources necessary

14 for an individual's stability;

15  (2) "Case manager", a mental health professional employed by a certified

16 community mental health center who is assigned to a respondent to oversee the

17 respondent's compliance with the outpatient treatment plan ordered by the court under

18 sections 632.580 to 632.610;

19  (3) "Community mental health center", the same meaning given to the term in

20 section 205.975;

21  (4) "Comprehensive mental health services", the same meaning given to the term

22 in section 205.975;

23  (5) "Local public health agency", a county health center board established under

24 chapter 205, a county health department, a combined city and county health department
CCS SS SCS HCS HBs 2637 & 3155              162

25 or agency, a multicounty health department or agency, or any other county health

26 authority;

27     (6) "Petition", a petition for assisted outpatient treatment filed under section

28 632.585 or for continued assisted outpatient treatment filed under section 632.600;

29     (7) "Respondent", a person who is alleged in a petition to meet the criteria for

30 assisted outpatient treatment in section 632.590;

31     (8) "Service area", the same meaning given to the term in section 205.975.

       632.585. 1. A petition for an order authorizing assisted outpatient treatment may

2 be filed by:

3      (1) The director, administrator, or treating physician of a mental health program

4 in which the respondent is hospitalized;

5      (2) The director, administrator, or treating physician of an emergency receiving

6 center in which the respondent is receiving services;

7      (3) A licensed physician, a registered professional nurse designated by the

8 community mental health center and approved by the department of mental health, or a

9 mental health professional from whom the respondent is receiving services;

10     (4) The appointed guardian or limited guardian of a ward who is the respondent;

11 or

12     (5) The department of health and senior services, the department of mental health,

13 or any local public health agency located within the probate jurisdiction in which the

14 petition is filed.

15     2. The petition may be filed in the court having probate jurisdiction in which the

16 respondent is present or reasonably believed to be present or in the probate jurisdiction

17 in which the respondent resides.

18     3. The petition shall allege under oath, without a notarization requirement, that the

19 petitioner has reason to believe that the respondent meets the criteria for assisted

20 outpatient treatment in section 632.590. The petition shall specify factual information on

21 which such belief is based and shall contain the names and addresses of all persons known

22 to the petitioner who have knowledge of such facts through personal observation.

23     4. No notarization shall be required for a petition or for any affidavits,

24 declarations, or other documents supporting a petition. The petition and any affidavits,

25 declarations, or other documents supporting the petition shall be subject to the provisions

26 of section 492.060 allowing for declaration under penalty of perjury.

27     5. The prosecuting attorney of the county in which a hearing on a petition takes

28 place shall represent the petitioner and file and prosecute in court all petitions. Such duty

29 shall be fulfilled by the county counselor in counties having a county counselor and by the
CCS SS SCS HCS HBs 2637 & 3155       163

30 circuit attorney in any city not within a county.
              632.590. Following receipt of a petition and completion of the procedures required

2 in section 632.593, a court may issue an order requiring a respondent to participate in

3 assisted outpatient treatment if:

4   (1) The respondent:

5   (a) Is eighteen years of age or older;

6   (b) Is suffering from a mental illness;

7   (c) Will not obtain treatment in the community voluntarily; and

8   (d) Is unable to make an informed decision to seek or to comply with voluntary

9 treatment; and

10  (2) Either:

11  (a) Because of the respondent's fulfillment of the criteria of subdivision (1) of this

12 section, the respondent requires treatment to prevent a deterioration in the respondent's

13 mental illness that would be likely to result in serious harm to the respondent or others as

14 described in section 632.305; or

15  (b) The respondent has a history of a lack of compliance with treatment for the

16 respondent's mental illness, and within the thirty-six months immediately preceding the

17 date of the filing of the petition such lack of compliance has either:

18  a. At least twice, been a significant factor in necessitating a civil detention period

19 for treatment instituted under sections 632.120 or 632.305 or receipt of services in a

20 forensic or other mental health unit of any state or local correctional facility, not including

21 any period during which the respondent was hospitalized or incarcerated immediately

22 preceding the date of the filing of the petition; or

23  b. Resulted in one or more acts of violent behavior with the intention of causing

24 serious physical injury toward self or others or threats of, or attempts of, serious physical

25 harm to self or others, not including any period during which the respondent was

26 hospitalized or incarcerated immediately preceding the date of the filing of the petition.

    632.593. 1. At the time of filing the petition, the court clerk shall set a date and

2 time for the hearing, which shall take place within two judicial days of the filing of the

3 petition. An attorney shall be appointed to represent the respondent as required under

4 section 632.450 from the register of attorneys described in section 632.415. An attorney

5 so appointed shall be entitled to attorney's fees to the same extent as allowed under section

6 632.415. The clerk shall promptly notify the respondent, the respondent's attorney, the

7 petitioner, and the petitioner's attorney of the date and time for the hearing. The court

8 shall not grant continuances except upon a showing of good and sufficient cause.

9   2. The hearing shall be conducted in as informal a manner as may be consistent
CCS SS SCS HCS HBs 2637 & 3155              164

10 with orderly procedure and in a physical setting not likely to have a harmful effect on the

11 respondent. The respondent shall have the following rights in addition to those specified

12 elsewhere:

13  (1) To be represented by an attorney;

14  (2) To present evidence on his or her own behalf;

15  (3) To cross-examine witnesses who testify against him or her;

16  (4) To remain silent;

17  (5) To view and copy all petitions and reports in the court file of his or her case;

18  (6) To have the hearing open or closed to the public as he or she elects;

19  (7) To be proceeded against according to the rules of evidence applicable to civil

20 judicial proceedings; and

21  (8) To have the hearing before a jury if requested by the respondent or his or her

22 attorney.

23  3. The respondent shall be present at the hearing unless the respondent's physical

24 condition is such that he or she cannot be present in the courtroom or if the court

25 determines that the respondent's conduct in the courtroom is so disruptive that the

26 proceedings cannot reasonably continue.

27  4. The burden of proof at the hearing shall be by clear and convincing evidence and

28 shall be upon the petitioner.

29  5. If the matter is tried before a jury, the jury shall determine and shall be

30 instructed only upon the issue of whether the respondent meets the criteria for assisted

31 outpatient treatment in section 632.590. The remaining procedures for the jury trial shall

32 be as in other civil matters.

33  6. The respondent shall not be required to file an answer or other responsive

34 pleading.

35  7. At the conclusion of the hearing, if the court or jury finds, based upon clear and

36 convincing evidence, that the respondent meets the criteria for assisted outpatient

37 treatment in section 632.590, and the court finds that a mental health program appropriate

38 to handle the respondent's condition has agreed to accept the respondent, the court shall

39 issue an order requiring the respondent to participate in assisted outpatient treatment with

40 the mental health program for a period not to exceed two years.

41  8. At the conclusion of the hearing, if the court or jury does not find by clear and

42 convincing evidence that the respondent meets the criteria for assisted outpatient

43 treatment in section 632.590, the court shall dismiss the petition.

44  9. An order requiring the respondent to participate in assisted outpatient treatment

45 based on satisfaction of the provisions of subparagraph a. of paragraph (b) of subdivision
CCS SS SCS HCS HBs 2637 & 3155                  165

46 (2) of section 632.590 shall not be issued unless the court has considered, or the jury has

47 been instructed to consider, at least the following factors:

48  (1) The respondent's ability to access finances in order to obtain food or medicine;

49  (2) The respondent's ability to obtain treatment for the respondent's medical

50 condition;

51  (3) The respondent's ability to access necessary resources in the community without

52 assistance;

53  (4) The degree to which there are risks to the respondent's safety;

54  (5) The likelihood that the respondent will decompensate without immediate care

55 or treatment;

56  (6) The respondent's previous attempts to inflict physical injury on self or others;

57  (7) The respondent's history of behavioral health treatment in the community;

58  (8) The respondent's patterns of decompensation in the past;

59  (9) The respondent's risk of being victimized or harmed by others; and

60  (10) The respondent's access to the means to inflict harm on self or others.

61  10. Nothing in this section shall prevent the court or jury from considering any

62 other factor not described in this section.

63  11. If requested by the respondent, the court shall appoint an available licensed

64 physician or licensed psychologist to examine the respondent and testify at the

65 respondent's request. If the respondent or the respondent's attorney so requests, the court

66 shall not appoint a licensed physician or licensed psychologist who is an employee of any

67 entity in which the respondent is hospitalized or receiving services or who is an employee

68 of any entity that filed the petition. The appointment procedures in section 632.420 shall

69 apply to any appointment under this subsection.

70  12. The physician-patient privilege recognized by section 491.060 and the

71 psychologist-patient privilege recognized by section 337.055 shall be deemed waived in

72 proceedings under sections 632.580 to 632.610. The fact that such privileges have been

73 waived in accordance with this section shall not by itself waive the privileges in any other

74 proceeding, civil or criminal. The waiver of the privileges shall extend only to that

75 evidence that is directly material and relevant to the proceedings under sections 632.580

76 to 632.610.

77  13. Appeals from court orders under this section may be made as described in

78 section 632.430.

79  14. Assisted outpatient treatment shall not be deemed outpatient detention for

80 purposes of this chapter, and no provision of this chapter relating to the requirements for

81 inpatient or outpatient detention proceedings shall apply to assisted outpatient treatment
CCS SS SCS HCS HBs 2637 & 3155  166

82 under sections 632.580 to 632.610 unless such provision has been specifically incorporated

83 into sections 632.580 to 632.610 by reference or otherwise.

84  15. The provisions of section 632.440 shall apply to assisted outpatient treatment

85 under sections 632.580 to 632.610.
              632.595. 1. The court shall assign a case manager from a certified community

2 behavioral health clinic to each respondent ordered to participate in assisted outpatient

3 treatment.

4   2. The case manager and the respondent shall report to the court at least once every

5 ninety days. The court may, at its discretion, request more frequent appearances. The

6 case manager shall immediately report to the court a substantial failure of the respondent

7 or the mental health program providing the assisted outpatient treatment to comply with

8 the conditions of the assisted outpatient treatment.
             632.600. 1. The court order for assisted outpatient treatment shall expire at the end

2 of the period specified in the order unless a petition for an extension has been filed. If any

3 person or entity authorized to file a petition under section 632.585 determines that a

4 respondent requires further involuntary assisted outpatient treatment, the person or entity

5 shall file a petition for continued assisted outpatient treatment before the expiration of the

6 involuntary assisted outpatient treatment ordered by the court.

7   2. The procedure for obtaining an extension shall be the same as for obtaining the

8 original order, except that the thirty-six-month time period provided in paragraph (b) of

9 subdivision (2) of section 632.590 shall not be applicable in determining the

10 appropriateness of an extension.
              632.605. 1. During the period of an order for assisted outpatient treatment, if the

2 mental health program or mental health professional who is providing the respondent's

3 assisted outpatient treatment determines that the respondent is not complying with the

4 court order, the mental health program or mental health professional shall notify the court

5 immediately.

6   2. If it comes to the attention of the court that a respondent subject to an order of

7 assisted outpatient treatment is not complying with the order, the court may require one

8 or more of the following, without a hearing:

9   (1) That the respondent be taken for evaluation to a community mental health

10 center providing comprehensive mental health services to individuals residing in the

11 service area in which the respondent resides;

12  (2) That the respondent be hospitalized in a psychiatric hospital for a period of not

13 more than ten days; and

14  (3) Upon recommendation by the community mental health center providing
CCS SS SCS HCS HBs 2637 & 3155                  167

15 comprehensive mental health services to individuals residing in the service area in which

16 the respondent resides, that the individual be hospitalized for a period of more than ten

17 days, but not longer than the duration of the order for assisted outpatient treatment, or not

18 longer than ninety days, whichever is less.

19  3. The court may direct peace officers to transport the respondent to a designated

20 facility or a community mental health center, as applicable, and the court may specify

21 conditions under which the respondent may return to assisted outpatient treatment before

22 the order expires. Reimbursement for transportation costs shall be allowed as provided

23 under section 632.312.

24  4. A respondent hospitalized without a hearing as provided in subsection 2 of this

25 section may object to the hospitalization. Upon transfer of the respondent to the hospital,

26 the hospital shall notify the respondent of his or her right to object under this section.

27 Upon receipt of an objection to the hospitalization, the court shall schedule a hearing for

28 a determination that the individual requires hospitalization. The respondent shall have

29 all rights specified in section 632.593 at the hearing. The court shall order the respondent

30 discharged from hospitalization unless the court or jury finds, based upon clear and

31 convincing evidence, that the respondent requires hospitalization as a result of the

32 respondent's failure to comply with the order for assisted outpatient treatment.
              632.610. Beginning December 1, 2028, the office of state courts administrator shall

2 submit an annual report to the general assembly summarizing:

3   (1) The number of individuals subject to orders for assisted outpatient treatment;

4   (2) Statistics on compliance and noncompliance rates with assisted outpatient

5 treatment; and

6   (3) Any impact that assisted outpatient treatment has on hospitalization and

7 incarceration rates.
             Section 1. In the event that any section, provision, clause, phrase, or word of this

2 act or the application thereof is declared invalid under the Constitution of the United

3 States or the Constitution of the State of Missouri, whether on procedural or substantive

4 grounds, it is the intent of the general assembly that the remaining sections of this act

5 remain in force and effect as far as they are capable of being carried into execution as

6 intended by the general assembly. The general assembly hereby declares that it would

7 have passed each section, provision, clause, phrase, or word thereof, irrespective of the fact

8 that any one or more sections, provisions, clauses, phrases, or words of this act or the

9 application of this act would be declared unenforceable, unconstitutional, or invalid.

                  [211.436. 1. Instruments of restraint, including handcuffs, chains,

2   irons, or straitjackets, shall not be used on a child during a proceeding in a
CCS SS SCS HCS HBs 2637 & 3155    168

3   juvenile court and shall be removed prior to the child's appearance before the

4   court unless, after a hearing, the court finds both that:

5   (1) The use of restraints is necessary due to one of the following

6   factors:

7   (a) Instruments of restraint are necessary to prevent physical harm to

8   the child or another person;

9   (b) The child has a history of disruptive courtroom behavior that has

10  placed others in potentially harmful situations or presents a substantial risk of

11  inflicting physical harm on himself or herself or others as evidenced by recent

12  behavior; or

13  (c) There is evidence that the child presents a substantial risk of flight

14  from the courtroom; and

15  (2) There are no less restrictive alternatives to restraints that will

16  prevent flight or physical harm to the child or another person including, but

17  not limited to, the presence of court personnel, law enforcement officers, or

18  bailiffs.

19  2. If the juvenile officer believes that there is an immediate safety or

20  flight risk, as provided under subsection 1 of this section, the juvenile officer

21  shall advise the attorney for the child and make a request in writing prior to

22  the commencement of the proceeding for the child to remain restrained during

23  the court proceeding while in the presence of the parties to the proceeding.

24  3. If a request for restraints is made by the juvenile officer, the court

25  shall order a hearing and provide the child's attorney an opportunity to be

26  heard before the court orders the use of restraints. If restraints are ordered, the

27  court shall make findings of fact in support of the order.

28  4. If restraints are used, the restraints shall allow the child limited

29  movement of the hands to read and handle documents and writings necessary

30  to the proceeding. Under no circumstances shall a child be restrained using

31  restraints fixed to a wall, floor, furniture, or other stationary object.

32  5. Leg restraints shall not be used on a child unless the child is

33  charged with a class A or class B felony, or the official overseeing custody

34  of the child determines the child to be an immediate safety or flight risk.]

    [589.402. 1. The chief law enforcement officer of the county or city

2   not within a county may maintain a web page on the internet, which shall be

3   open to the public and shall include a registered sexual offender search

4   capability.

5   2. Except as provided in subsections 4 and 5 of this section, the

6   registered sexual offender search shall make it possible for any person using

7   the internet to search for and find the information specified in subsection 3 of

8   this section, if known, on offenders registered in this state pursuant to sections

9   589.400 to 589.425.

10  3. Only the information listed in this subsection shall be provided to

11  the public in the registered sexual offender search:
CCS SS SCS HCS HBs 2637 & 3155          169

12           (1) The name and any known aliases of the offender;

13           (2) The date of birth and any known alias dates of birth of the

14  offender;

15           (3) A physical description of the offender;

16           (4) The residence, temporary, work, and school addresses of the

17  offender, including the street address, city, county, state, and zip code;

18           (5) Any photographs of the offender;

19           (6) A physical description of the offender's vehicles, including the

20  year, make, model, color, and license plate number;

21           (7) The nature and dates of all offenses qualifying the offender to

22  register, including the tier level assigned to the offender under sections

23  589.400 to 589.425;

24           (8) The date on which the offender was released from the department

25  of mental health, prison, or jail, or placed on parole, supervised release, or

26  probation for the offenses qualifying the offender to register;

27           (9) Compliance status of the offender with the provisions of sections

28  589.400 to 589.425; and

29           (10) Any online identifiers, as defined in section 43.651, used by the

30  person. Such online identifiers shall not be included in the general profile of

31  an offender on the web page and shall only be available to a member of the

32  public by a search using the specific online identifier to determine if a match

33  exists with a registered offender.

34           4. The chief law enforcement officer of any county or city not within

35  a county may publish in any newspaper distributed in the county or city not

36  within a county the sexual offender information provided under subsection 3

37  of this section for any offender residing in the county or city not within a

38  county.

39           5. Juveniles required to register under subdivision (6) of subsection

40  1 of section 589.400 shall be exempt from public notification to include any

41  adjudications from another state, territory, the District of Columbia, or foreign

42  country or any federal, tribal, or military jurisdiction.]

             Section B. The repeal of sections 211.436, 217.362, 217.690, 217.760, 557.011,
2 557.021, 558.011, 558.019, 558.026, 558.031, 558.046, 559.115, 566.030, 566.060, 566.125,
3 566.210, 566.211, 568.060, and 589.425 as enacted by senate substitute no. 3 for senate bill
4 number 888, one hundred third general assembly, second regular session, of this act shall
5 become effective on August 28, 2026. The repeal and reenactment of sections 217.362, 217.690,
6 217.760, 557.011, 557.021, 558.011, 558.019, 558.026, 558.031, 558.046, 559.115, 566.030,
7 566.060, 566.125, 566.210, 566.211, 568.060, and 589.425 of this act shall become effective on
8 January 1, 2028.

             Section C. The repeal and reenactment of sections 565.002, 565.050, 565.052, 565.054,
2 565.056, 565.072, 565.073, 565.074, 565.076, 565.090, 565.091, 565.225, and 565.227 and the
CCS SS SCS HCS HBs 2637 & 3155  170

3 enactment of sections 27.117, 565.260, 565.400, and 565.405 of this act shall become effective
4 on July 1, 2027.

             Section D. Because immediate action is necessary to address the urgent need of Missouri
2 law enforcement agencies to be able to ensure and provide for the safety and security of
3 Missouri residents from the threat that weaponized unmanned aircraft systems present to
4 Missouri, the enactment of sections 589.900 and 589.902 and the repeal and reenactment of
5 section 577.800 of this act are deemed necessary for the immediate preservation of the public
6 health, welfare, peace, and safety, and is hereby declared to be an emergency act within the
7 meaning of the constitution, and the enactment of sections 589.900 and 589.902 and the repeal
8 and reenactment of section 577.800 of this act shall be in full force and effect upon its passage
9 and approval.

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