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Missouri General Assembly· SB 888Letter of approval from the Governor

Modifies provisions relating to the criminal systems, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Missouri General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
SECOND REGULAR SESSION
           [TRULY AGREED TO AND FINALLY PASSED]

                   SENATE SUBSTITUTE NO. 3 FOR

           SENATE BILL NO. 888

           103RD GENERAL ASSEMBLY
                            2026

5440S.14T

           AN ACT

To repeal sections 43.503, 211.021, 211.071, 211.319, 211.331, 211.341, 211.436, 217.362,
             217.690, 217.760, 556.061, 557.011, 557.021, 558.011, 558.016, 558.019, 558.026,
             558.031, 558.046, 559.115, 566.030, 566.032, 566.060, 566.103, 566.125, 566.203,
             566.209, 566.210, 566.211, 568.045, 568.060, and 589.425, RSMo, and to enact in lieu
             thereof thirty-four new sections relating to the criminal justice system, with penalty
             provisions and an effective date for certain sections.

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

1          Section A. Sections 43.503, 211.021, 211.071, 211.319,

2 211.331, 211.341, 211.436, 217.362, 217.690, 217.760, 556.061,

3 557.011, 557.021, 558.011, 558.016, 558.019, 558.026, 558.031,

4 558.046, 559.115, 566.030, 566.032, 566.060, 566.103, 566.125,

5 566.203, 566.209, 566.210, 566.211, 568.045, 568.060, and

6 589.425, RSMo, are repealed and thirty-four new sections

7 enacted in lieu thereof, to be known as sections 43.503,

8 211.021, 211.071, 211.319, 211.331, 211.341, 211.342, 211.436,

9 217.362, 217.690, 217.760, 556.061, 557.011, 557.021, 558.011,

10 558.016, 558.019, 558.026, 558.031, 558.046, 559.115, 566.030,

11 566.032, 566.060, 566.103, 566.125, 566.203, 566.209, 566.210,

12 566.211, 568.045, 568.060, 589.425, and 1, to read as follows:

1          43.503. 1. For the purpose of maintaining complete

2 and accurate criminal history record information, all police

3 officers of this state, the clerk of each court, the

EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
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4 department of corrections, the sheriff of each county, the

5 chief law enforcement official of a city not within a county

6 and the prosecuting attorney of each county or the circuit

7 attorney of a city not within a county shall submit certain

8 criminal arrest, charge, and disposition information to the

9 central repository for filing without undue delay in the

10 form and manner required by sections 43.500 to 43.651.

11  2. All law enforcement agencies making misdemeanor and

12 felony arrests as determined by section 43.506 shall furnish

13 without undue delay, to the central repository,

14 fingerprints, photograph, and if available, any other unique

15 biometric identification collected, charges, appropriate

16 charge codes, and descriptions of all persons who are

17 arrested for such offenses on standard fingerprint forms

18 supplied or approved by the highway patrol or electronically

19 in a format and manner approved by the highway patrol and in

20 compliance with the standards set by the Federal Bureau of

21 Investigation in its Automated Fingerprint Identification

22 System or its successor program. All such agencies shall

23 also notify the central repository of all decisions not to

24 refer such arrests for prosecution. An agency making such

25 arrests may enter into arrangements with other law

26 enforcement agencies for the purpose of furnishing without

27 undue delay such fingerprints, photograph, and if available,

28 any other unique biometric identification collected,

29 charges, appropriate charge codes, and descriptions to the

30 central repository upon its behalf.

31  3. In order for the Missouri office of prosecution

32 services to maintain complete and accurate statewide reports

33 as required by section 56.750, on or before January 1, 2028,

34 and thereafter, all police officers of this state, the

35 sheriff and each deputy sheriff of each county, and the
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36 chief law enforcement official of a city not within a county

37 and his or her officers shall submit referrals for any

38 traffic violation, ordinance violation, or misdemeanor or

39 felony offense referred to a prosecuting or circuit attorney

40 in the form and manner approved by the Missouri office of

41 prosecution services as required by subdivision (7) of

42 subsection 1 of section 56.750. At a minimum, any referral

43 to a prosecuting attorney or circuit attorney for a felony

44 offense shall include a probable cause statement and an

45 investigative report. Any law enforcement agency that

46 violates this subsection shall be ineligible to receive

47 state or federal funds that would otherwise be paid to such

48 agency for law enforcement, safety, or criminal justice

49 purposes.

50  4. In instances where an individual [less than

51 seventeen] under eighteen years of age and not currently

52 certified as an adult is taken into custody for an offense

53 [which] that would be a class A or B felony, felony under

54 chapter 566, or two felony offenses arising from distinct

55 acts committed within one year of each other, if committed

56 by an adult, the arresting officer shall take fingerprints

57 for the central repository. These fingerprints shall be

58 taken on fingerprint cards supplied by or approved by the

59 highway patrol or transmitted electronically in a format and

60 manner approved by the highway patrol and in compliance with

61 the standards set by the Federal Bureau of Investigation in

62 its Automated Fingerprint Identification System or its

63 successor program. [The fingerprint cards shall be so

64 constructed that the name of the juvenile should not be made

65 available to the central repository.] The individual's name

66 and the unique number associated with the fingerprints and

67 other pertinent information shall be provided to the court
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68 of jurisdiction by the agency taking the juvenile into

69 custody. The juvenile's fingerprints and other information

70 shall be forwarded to the central repository and the courts

71 without undue delay. The fingerprint information from the

72 card shall be captured and stored in the automated

73 fingerprint identification system operated by the central

74 repository. In the event the fingerprints are found to

75 match other tenprints or unsolved latent prints, the central

76 repository shall notify the submitting agency who shall

77 notify the court of jurisdiction as per local agreement.

78 Under section 211.031, in instances where a juvenile over

79 fifteen and one-half years of age is alleged to have

80 violated a state or municipal traffic ordinance or

81 regulation, which does not constitute a felony, and the

82 juvenile court does not have jurisdiction, the juvenile

83 shall not be fingerprinted unless certified as an adult.

84 Records of a juvenile who has been fingerprinted under this

85 subsection shall be closed records as provided under section

86 610.120.

87  5. Upon certification of the individual as an adult,

88 the certifying court shall order a law enforcement agency to

89 immediately fingerprint and photograph the individual and

90 certification papers will be forwarded to the appropriate

91 law enforcement agency with the order for fingerprinting.

92 The law enforcement agency shall submit such fingerprints,

93 photograph, and certification papers to the central

94 repository within fifteen days and shall furnish the offense

95 cycle number associated with the fingerprints to the

96 prosecuting attorney or the circuit attorney of a city not

97 within a county and to the clerk of the court ordering the

98 subject fingerprinted. If the juvenile is acquitted of the

99 crime and is no longer certified as an adult, the
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100 prosecuting attorney shall notify within fifteen days the

101 central repository of the change of status of the juvenile.

102 Records of a child who has been fingerprinted and

103 photographed after being taken into custody shall be closed

104 records as provided under section 610.100 if a petition has

105 not been filed within thirty days of the date that the child

106 was taken into custody; and if a petition for the child has

107 not been filed within one year of the date the child was

108 taken into custody, any records relating to the child

109 concerning the alleged offense may be expunged under the

110 procedures in sections 610.122 to 610.126.

111  6. The prosecuting attorney of each county or the

112 circuit attorney of a city not within a county or the

113 municipal prosecuting attorney shall notify the central

114 repository on standard forms supplied by the highway patrol

115 or in a manner approved by the highway patrol of his or her

116 decision to not file a criminal charge on any charge

117 referred to such prosecuting attorney or circuit attorney

118 for criminal charges. All records forwarded to the central

119 repository and the courts by prosecutors or circuit

120 attorneys as required by sections 43.500 to 43.530 shall

121 include the state offense cycle number of the offense, the

122 charge code for the offense, and the originating agency

123 identifier number of the reporting prosecutor, using such

124 numbers as assigned by the highway patrol.

125  7. The clerk of the courts of each county or city not

126 within a county or municipal court clerk shall furnish the

127 central repository, on standard forms supplied by the

128 highway patrol or in a manner approved by the highway

129 patrol, with a record of all charges filed, including all

130 those added subsequent to the filing of a criminal court

131 case, amended charges, and all final dispositions of cases
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132 for which the central repository has a record of an arrest

133 or a record of fingerprints reported pursuant to sections

134 43.500 to 43.506. Such information shall include, for each

135 charge:

136  (1) All judgments of not guilty, acquittals on the

137 ground of mental disease or defect excluding responsibility,

138 judgments or pleas of guilty including the sentence, if any,

139 or probation, if any, pronounced by the court, nolle pros,

140 discharges, releases and dismissals in the trial court;

141  (2) Court orders filed with the clerk of the courts

142 which reverse a reported conviction or vacate or modify a

143 sentence;

144  (3) Judgments terminating or revoking a sentence to

145 probation, supervision or conditional release and any

146 resentencing after such revocation; and

147  (4) The offense cycle number of the offense, and the

148 originating agency identifier number of the sentencing

149 court, using such numbers as assigned by the highway patrol.

150  8. The clerk of the courts of each county or city not

151 within a county shall furnish, to the department of

152 corrections or department of mental health, court judgment

153 and sentence documents and the state offense cycle number

154 and the charge code of the offense which resulted in the

155 commitment or assignment of an offender to the jurisdiction

156 of the department of corrections or the department of mental

157 health if the person is committed pursuant to chapter 552.

158 This information shall be reported to the department of

159 corrections or the department of mental health at the time

160 of commitment or assignment. If the offender was already in

161 the custody of the department of corrections or the

162 department of mental health at the time of such subsequent

163 conviction, the clerk shall furnish notice of such
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164 subsequent conviction to the appropriate department by

165 certified mail, return receipt requested, or in a manner and

166 format mutually agreed to, within fifteen days of such

167 disposition.

168  9. Information and fingerprints, photograph and if

169 available, any other unique biometric identification

170 collected, forwarded to the central repository, normally

171 obtained from a person at the time of the arrest, may be

172 obtained at any time the subject is in the criminal justice

173 system or committed to the department of mental health. A

174 law enforcement agency or the department of corrections may

175 fingerprint, photograph, and capture any other unique

176 biometric identification of the person unless collecting

177 other unique biometric identification of the person is not

178 financially feasible for the law enforcement agency, and

179 obtain the necessary information at any time the subject is

180 in custody. If at the time of any court appearance, the

181 defendant has not been fingerprinted and photographed for an

182 offense in which a fingerprint and photograph is required by

183 statute to be collected, maintained, or disseminated by the

184 central repository, the court shall order a law enforcement

185 agency or court marshal to fingerprint and photograph

186 immediately the defendant. The order for fingerprints shall

187 contain the offense, charge code, date of offense, and any

188 other information necessary to complete the fingerprint

189 card. The law enforcement agency or court marshal shall

190 submit such fingerprints, photograph, and if available, any

191 other unique biometric identification collected, to the

192 central repository without undue delay and within thirty

193 days and shall furnish the offense cycle number associated

194 with the fingerprints to the prosecuting attorney or the
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195 circuit attorney of a city not within a county and to the

196 court clerk of the court ordering the subject fingerprinted.

197  10. The department of corrections and the department

198 of mental health shall furnish the central repository with

199 all information concerning the receipt, escape, execution,

200 death, release, pardon, parole, commutation of sentence,

201 granting of executive clemency, legal name change, or

202 discharge of an individual who has been sentenced to that

203 department's custody for any offenses which are mandated by

204 law to be collected, maintained or disseminated by the

205 central repository. All records forwarded to the central

206 repository by the department as required by sections 43.500

207 to 43.651 shall include the offense cycle number of the

208 offense, and the originating agency identifier number of the

209 department using such numbers as assigned by the highway

210 patrol.

1    211.021. As used in this chapter, unless the context

2 clearly requires otherwise, the following terms shall mean:

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

4 older;

5    (2) "Child" [means], any person under eighteen years

6 of age;

7    (3) "Juvenile court" [means], the juvenile division or

8 divisions of the circuit court of the county, or judges

9 while hearing juvenile cases assigned to them;

10   (4) "Juvenile detention facility", a place for the

11 temporary care of a juvenile in judicial custody in a

12 proceeding under subdivision (2) or (3) of subsection 1 of

13 section 211.031 and includes a place that is physically

14 confining, but does not include a jail or other adult

15 detention facility unless the juvenile is seventeen years of

16 age or older or unless the juvenile detention facility is
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17 operated, administered, and staffed separately and

18 independently of a jail or other adult detention facility

19 and used exclusively for the lawful custody and treatment of

20 juveniles. A juvenile detention facility may be located in

21 the same building or grounds as a jail or other adult

22 detention facility if there is spatial separation between

23 the facilities which prevents haphazard or accidental

24 contact between juvenile and adult detainees; there is

25 separation between juvenile and adult program activities;

26 and there are separate juvenile and adult staff other than

27 specialized support staff who have infrequent contact with

28 detainees. The facility may be owned or operated by public

29 or private agencies;

30  (5) "Legal custody" [means], the right to the care,

31 custody and control of a child and the duty to provide food,

32 clothing, shelter, ordinary medical care, education,

33 treatment and discipline of a child. Legal custody may be

34 taken from a parent only by court action and if the legal

35 custody is taken from a parent without termination of

36 parental rights, the parent's duty to provide support

37 continues even though the person having legal custody may

38 provide the necessities of daily living;

39  [(5)] (6) "Parent" [means], either a natural parent or

40 a parent by adoption and if the child is illegitimate,

41 "parent" means the mother;

42  [(6)] (7) "Shelter care" [means], the temporary care

43 of juveniles in physically unrestricting facilities pending

44 final court disposition. These facilities may include:

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

46 providing twenty-four-hour care to one to three children

47 unrelated to the foster parents by blood, marriage or

48 adoption;
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49  (b) "Group foster home", the private home of foster

50 parents providing twenty-four-hour care to no more than six

51 children unrelated to the foster parents by blood, marriage

52 or adoption;

53  (c) "Group home", a child care facility which

54 approximates a family setting, provides access to community

55 activities and resources, and provides care to no more than

56 twelve children.

1   211.071. 1. (1) If a petition or motion to modify

2 alleges that a child between the ages of fourteen and

3 eighteen has committed an offense that would be considered a

4 class A or B felony, felony under chapter 566, or three

5 felony offenses arising from distinct acts committed within

6 one hundred eighty days of each other, if committed by an

7 adult, the court may, upon its own motion or upon motion by

8 the juvenile officer, the office of the prosecuting or

9 circuit attorney, the child, or the child's custodian, order

10 a hearing at which the prosecuting or circuit attorney may

11 present evidence if the prosecuting or circuit attorney

12 filed the petition, and may, in its discretion, dismiss the

13 petition or motion to modify and such child may be

14 transferred to the court of general jurisdiction and

15 prosecuted under the general law; except that, if a petition

16 alleges that a child between the ages of twelve and eighteen

17 has committed an offense that would be considered first

18 degree murder under section 565.020, second degree murder

19 under section 565.021, first degree assault under section

20 565.050, forcible rape under section 566.030 as it existed

21 prior to August 28, 2013, rape in the first degree under

22 section 566.030, forcible sodomy under section 566.060 as it

23 existed prior to August 28, 2013, sodomy in the first degree

24 under section 566.060, first degree robbery under section
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25 569.020 as it existed prior to January 1, 2017, robbery in

26 the first degree under section 570.023, distribution of

27 drugs under section 195.211 as it existed prior to January

28 1, 2017, or the manufacturing of a controlled substance

29 under section 579.055, if committed by an adult, or a

30 dangerous felony as defined in section 556.061, or any

31 felony involving the use, assistance, or aid of a deadly

32 weapon, or has committed two or more prior unrelated

33 offenses that would be felonies if committed by an adult,

34 the court shall order a hearing, and may, in its discretion,

35 dismiss the petition or motion to modify and transfer the

36 child to a court of general jurisdiction for prosecution

37 under the general law.

38  (2) The moving party shall be solely responsible for

39 all duties enumerated under this section. If the juvenile

40 officer forwards to the prosecuting or circuit attorney a

41 class A or B felony that is not certified by the juvenile

42 officer, the prosecuting or circuit attorney shall notify

43 the juvenile officer within fourteen days of the decision to

44 certify the case.

45  2. Upon apprehension and arrest, jurisdiction over the

46 criminal offense allegedly committed by any person between

47 eighteen and twenty-one years of age over whom the juvenile

48 court has retained continuing jurisdiction shall

49 automatically terminate and that offense shall be dealt with

50 in the court of general jurisdiction as provided in section

51 211.041.

52  3. Knowing and willful age misrepresentation by a

53 juvenile subject shall not affect any action or proceeding

54 which occurs based upon the misrepresentation. Any evidence

55 obtained during the period of time in which a child

56 misrepresents his or her age may be used against the child
    SS#3 SB 888        12

57 and will be subject only to rules of evidence applicable in

58 adult proceedings.

59  4. Written notification of a transfer hearing shall be

60 given to the juvenile and his or her custodian in the same

61 manner as provided in sections 211.101 and 211.111. Notice

62 of the hearing may be waived by the custodian. Notice shall

63 contain a statement that the purpose of the hearing is to

64 determine whether the child is a proper subject to be dealt

65 with under the provisions of this chapter, and that if the

66 court finds that the child is not a proper subject to be

67 dealt with under the provisions of this chapter, the

68 petition or motion to modify will be dismissed to allow for

69 prosecution of the child under the general law.

70  5. The juvenile officer [may] shall consult with the

71 office of prosecuting or circuit attorney concerning any

72 offense for which the child could be certified as an adult

73 under this section. The prosecuting or circuit attorney

74 shall [have access to] be provided police reports, reports

75 of the juvenile or deputy juvenile officer, statements of

76 witnesses, a copy of the completed Missouri Juvenile

77 Detention Assessment Form (JDTA) or similar form that was

78 used in determining detention, and all other records or

79 reports relating to the offense alleged to have been

80 committed by the child. The prosecuting or circuit attorney

81 shall have access to the disposition records of the child

82 when the child has been adjudicated pursuant to subdivision

83 (3) of subsection 1 of section 211.031. The prosecuting or

84 circuit attorney shall not divulge any information regarding

85 the child and the offense until the juvenile court at a

86 judicial hearing has determined that the child is not a

87 proper subject to be dealt with under the provisions of this
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88 chapter. Any sanction recommended as a result of the JDTA

89 shall be used as a guideline and shall not be mandatory.

90   6. In every incident, the juvenile officer shall

91 consider legally sufficient charges submitted by a law

92 enforcement agency when utilizing the JDTA form to determine

93 whether or not to detain a child and shall provide a copy of

94 that completed JDTA form to the law enforcement agency once

95 a determination has been made. For purposes of this

96 section, the term "legally sufficient" means a reasonable

97 belief with articulable facts that a crime has been or is

98 being committed based on the totality of the circumstances.

99   7. Notwithstanding any other provision of law or the

100 Missouri supreme court operating rules to the contrary, law

101 enforcement agencies who detain juveniles for offenses where

102 fingerprinting is required, shall collect fingerprints and

103 forward detention information to the central repository, in

104 a manner prescribed by the central repository. The juvenile

105 officer and court of jurisdiction over the juvenile offender

106 shall report all adjudication, delinquency, and custody

107 information to the central repository, in a manner

108 prescribed by the central repository. All information

109 reported under this section shall be available to criminal

110 justice agencies for the administration of criminal justice

111 under section 43.500 through the Missouri Uniform Law

112 Enforcement System (MULES). Such records maintained by the

113 central repository under this subsection shall be closed

114 pursuant to section 610.120.

115  8. A written report shall be prepared in accordance

116 with this chapter developing fully all available information

117 relevant to the criteria which shall be considered by the

118 court in determining whether the child is a proper subject

119 to be dealt with under the provisions of this chapter and
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120 whether there are reasonable prospects of rehabilitation

121 within the juvenile justice system. These criteria shall

122 include but not be limited to:

123  (1) The seriousness of the offense alleged and whether

124 the protection of the community requires transfer to the

125 court of general jurisdiction;

126  (2) Whether the offense alleged involved viciousness,

127 force and violence;

128  (3) Whether the offense alleged was against persons or

129 property with greater weight being given to the offense

130 against persons, especially if personal injury resulted;

131  (4) Whether the offense alleged is a part of a

132 repetitive pattern of offenses which indicates that the

133 child may be beyond rehabilitation under the juvenile code;

134  (5) The record and history of the child, including

135 experience with the juvenile justice system, other courts,

136 supervision, commitments to juvenile institutions and other

137 placements;

138  (6) The sophistication and maturity of the child as

139 determined by consideration of his or her home and

140 environmental situation, emotional condition and pattern of

141 living;

142  (7) The age of the child;

143  (8) The program and facilities available to the

144 juvenile court in considering disposition;

145  (9) Whether or not the child can benefit from the

146 treatment or rehabilitative programs available to the

147 juvenile court; and

148  (10) Racial disparity in certification.

149  [7.] 9. If the court dismisses the petition to permit

150 the child to be prosecuted under the general law, the court

151 shall enter a dismissal order containing:
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152  (1) Findings showing that the court had jurisdiction

153 of the cause and of the parties;

154  (2) Findings showing that the child was represented by

155 counsel;

156  (3) Findings showing that the hearing was held in the

157 presence of the child and his or her counsel; and

158  (4) Findings showing the reasons underlying the

159 court's decision to transfer jurisdiction.

160  [8.] 10. A copy of the petition or motion to modify

161 and order of the dismissal shall be sent to the prosecuting

162 attorney.

163  [9.] 11. When a petition or motion to modify has been

164 dismissed thereby permitting a child to be prosecuted under

165 the general law and the prosecution of the child results in

166 a conviction, the jurisdiction of the juvenile court over

167 that child is forever terminated, except as provided in

168 subsection [10] 12 of this section, for an act that would be

169 a violation of a state law or municipal ordinance.

170  [10.] 12. If a petition or motion to modify has been

171 dismissed thereby permitting a child to be prosecuted under

172 the general law and the child is found not guilty by a court

173 of general jurisdiction, the juvenile court shall have

174 jurisdiction over any later offense committed by that child

175 which would be considered a misdemeanor or felony if

176 committed by an adult, subject to the certification

177 provisions of this section.

178  [11.] 13. If the court does not dismiss the petition

179 or motion to modify to permit the child to be prosecuted

180 under the general law, it shall set a date for the hearing

181 upon the petition as provided in section 211.171.

1    211.319. 1. On or before July 1, 2005, all juvenile

2 court proceedings conducted pursuant to subdivision (1) of
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3 subsection 1 of section 211.031 and for termination of

4 parental rights cases pursuant to sections 211.442 to

5 211.487 initiated by a juvenile officer or the division

6 shall be open to the public; except that, when the parent

7 has consented in writing to the termination of his or her

8 parental rights in conjunction with a placement with a

9 licensed child-placing agency under subsection 6 of section

10 453.010, the hearing shall be closed. The court, on its own

11 motion, may exclude for good cause shown any person or

12 persons from the proceedings to protect the welfare and best

13 interests of the child and for exceptional circumstances.

14 Any party to a juvenile court proceeding referred to in this

15 subsection, except the state, may file a motion requesting

16 that the general public be excluded from the proceeding or

17 any portion of the proceeding. Upon the filing of such

18 motion, the court shall hear arguments by the parties, but

19 no evidence, and shall make a determination whether closure

20 is in the best interest of the parties or whether it is in

21 the public interest to deny such motion. The court shall

22 make a finding on the record when a motion to close a

23 hearing pursuant to this section is made and heard by the

24 court.

25  2. Notwithstanding the provisions of subsection 1 of

26 this section, the general public shall be excluded from all

27 juvenile court proceedings referred to in subsection 1 of

28 this section during the testimony of any child or victim and

29 only such persons who have a direct interest in the case or

30 in the work of the court will be admitted to the proceedings.

31  3. For juvenile court proceedings described in

32 subsection 1 of this section, pleadings and orders of the

33 juvenile court other than confidential files and those

34 specifically ordered closed by the juvenile court judge
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35 shall be open to the general public. For purposes of this

36 section, "confidential file" means all other records and

37 reports considered closed or confidential by law, including

38 but not limited to medical reports, psychological or

39 psychiatric evaluations, investigation reports of the

40 children's division, social histories, home studies, and

41 police reports and law enforcement records. Only persons

42 who are found by the court to have a legitimate interest

43 shall be allowed access to confidential or closed files. In

44 determining whether a person has a legitimate interest, the

45 court shall consider the nature of the proceedings, the

46 welfare and safety of the public, and the interest of any

47 child involved.

48  4. For records made available to the public pursuant

49 to this section:

50  (1) The identity of any child involved except the

51 perpetrator shall not be disclosed and all references in

52 such records to the identity of any child involved except

53 the perpetrator shall be redacted prior to disclosure to the

54 public; and

55  (2) All information that may identify or lead to the

56 disclosure of the identity of a reporter of child abuse

57 under sections 210.109 to 210.183 and section 352.400 shall

58 not be disclosed to the public.

59  5. All juvenile court proceedings conducted pursuant

60 to subdivision (3) of subsection 1 of section 211.031 shall

61 not be open to the general public.

62  6. The provisions of this section shall apply to

63 juvenile court proceedings and records specified in this

64 section in which the initial pleadings are filed on or after

65 July 1, 2005.
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1   211.331. 1. In each county of the first and second

2 classifications and in [the city of St. Louis] any city not

3 within a county, it is the duty of the county [commission,

4 or, where there is no county commission, such other

5 authorized] governing body, to provide a place of juvenile

6 detention [for children coming within the provisions of this

7 chapter] or juvenile detention facility. It is also the

8 duty of the county [commission or other authorized]

9 governing body to provide offices for the personnel of the

10 juvenile court.

11  2. The place of juvenile detention or juvenile

12 detention facility shall be so located and arranged that the

13 child being detained does not come in contact, at any time

14 or in any manner, with adults convicted or under arrest, and

15 the care of children in detention shall approximate as

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

17  3. The place of juvenile detention or juvenile

18 detention facility shall be in charge of a superintendent.

19 The judge of the juvenile court or the family court

20 administrator, if provided by local rule, shall appoint and

21 fix the compensation and maintenance of the superintendent

22 and of any assistants or other personnel required to operate

23 the detention facility. Such compensation and maintenance

24 are payable out of funds of the county.

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

26 the county] is authorized to lease or to acquire by

27 purchase, gift or devise land for such purpose, and to erect

28 buildings thereon and to provide funds to equip and maintain

29 the same for the subsistence and education of the children

30 placed therein.

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

2 within one judicial circuit, shall,] Upon the written
    SS#3 SB 888   19

3 recommendation of the [circuit] presiding judge of that

4 judicial circuit, or upon written notice from the county

5 governing body to the presiding judge of approval of

6 ordinances, orders, or resolutions authorizing a juvenile

7 detention facility by all counties within that judicial

8 circuit and the agreement provided in section 211.342,

9 counties of the third and fourth classes within one judicial

10 circuit shall establish a place of juvenile detention or

11 juvenile detention facility to serve all of the counties

12 within that judicial circuit, and in like manner, the

13 counties shall supply offices for the juvenile officers of

14 that circuit.

15  2. The recommendation of the [circuit] presiding judge

16 provided in subsection 1 of this section shall be made only

17 after a hearing conducted by [him] the judge, after thirty

18 days' notice, to determine the need and feasibility of

19 establishing such a place of juvenile detention or juvenile

20 detention facility within the judicial circuit.

21  3. The provisions of section 211.331 apply as to the

22 form of operation and means of maintenance of the place of

23 juvenile detention or juvenile detention facility, except

24 that the total cost of establishment and operation of the

25 places of juvenile detention or juvenile detention

26 facilities shall be prorated among the several counties

27 within that judicial circuit upon a ratio to be determined

28 by a comparison of the respective populations of the

29 counties. The point of location of the place of juvenile

30 detention or juvenile detention facility shall be determined

31 by the [circuit] presiding judge of the judicial circuit or

32 pursuant to an agreement established by section 211.342.

33  [2. Circuit judges of any two or more adjoining

34 judicial circuits after a hearing as provided in subsection
    SS#3 SB 888          20

35 1 may, by agreement confirmed by judicial order, and] 4. In

36 the interest of economy of administration, after a hearing

37 as provided in subsection 2 of this section, the presiding

38 judges of any two or more adjoining judicial circuit may

39 establish one place of juvenile detention or juvenile

40 detention facility to serve their respective judicial

41 circuits, by agreement confirmed by judicial order. In such

42 event, the [circuit] presiding judges so agreeing shall

43 jointly govern the affairs of the place of juvenile

44 detention or juvenile detention facility and the cost

45 thereof shall be apportioned among the counties served in

46 the manner provided for in subsection 1 of this section.

47  [3.] 5. Any county of the third or fourth class

48 desiring to provide its own place of juvenile detention or

49 juvenile detention facility may do so in the manner

50 prescribed for counties of the first and second classes.

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

2 governing bodies of the counties within the same judicial

3 circuit may establish a juvenile detention facility to serve

4 the judicial circuit.

5   (2) The governing body of each county desiring to

6 coordinate a juvenile detention facility under this

7 subsection shall approve an ordinance, order, or resolution

8 authorizing a juvenile detention facility within one of the

9 counties and shall approve an agreement between all counties

10 within the same judicial circuit, as specified by subsection

11 4 of this section.

12  2. (1) In coordination with each other, the governing

13 bodies of the counties in adjoining judicial circuits may

14 establish a juvenile detention facility to serve the

15 judicial circuits.
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16  (2) The governing body of each county desiring to

17 coordinate a juvenile detention facility under this

18 subsection shall approve an ordinance, order, or resolution

19 authorizing a juvenile detention facility within one of the

20 counties and shall approve an agreement between all counties

21 within each judicial circuit, as specified by subsection 4

22 of this section.

23  3. The governing body of each county desiring to

24 coordinate a juvenile detention facility under subsection 1

25 or 2 of this section shall notify the presiding judge of the

26 judicial circuit or each judicial circuit of the

27 authorization of a juvenile detention facility. The notice

28 shall include the authorizing ordinance, order, or

29 resolution of each county and the approved agreement, as

30 specified in subsection 4 of this section.

31  4. The agreement that specifies the duties of each

32 county shall contain the following:

33  (1) The total cost of establishment and operation of

34 the places of detention;

35  (2) The prorated formula for the calculation of each

36 county's contribution to the costs of a juvenile detention

37 facility based upon a ratio of the respective populations of

38 the counties;

39  (3) The methods and powers that may be used for

40 constructing, leasing, or financing a juvenile detention

41 facility;

42  (4) The use of the sales tax as authorized by

43 subsection 6 of this section; and

44  (5) The point of location of the place of juvenile

45 detention facility.

46  5. Subsection 3 and 4 of section 211.331 shall apply

47 to a juvenile detention facility authorized pursuant to this
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48 section. The operation and support of a juvenile detention

49 facility authorized pursuant to this section shall be

50 regulated in accordance with the rules and standards of the

51 Missouri supreme court under the governance of the presiding

52 judge of the judicial circuit. If the counties of adjoining

53 judicial circuits have authorized a juvenile detention

54 facility pursuant to this section, the presiding judges

55 shall jointly govern the affairs of the juvenile detention

56 facility.

57  6. (1) The counties authorizing a juvenile detention

58 facility pursuant to this section may impose, by order, a

59 sales tax up to one percent on all retail sales made in such

60 counties which are subject to taxation pursuant to the

61 provisions of sections 144.010 to 144.525 for the purpose of

62 providing a juvenile detention facility. The tax authorized

63 by this section shall be in addition to any and all other

64 sales taxes allowed by law, except that no order imposing a

65 sales tax pursuant to this section shall be effective unless

66 the governing body, for each county in the judicial circuit

67 or circuits submits to the voters of the county, on any

68 election date authorized in chapter 115, a proposal to

69 authorize the governing body of the county to impose a tax.

70  (2) The ballot of submission shall contain, but need

71 not be limited to, the following language:

72  Shall the (counties' names) impose a region-wide

73  sales tax of ______ (insert amount) for the purpose

74  of providing a juvenile detention facility within in

75  the jurisdiction of (judicial circuit's name or

76  judicial circuits' name)?

77               □ YES         □ NO
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78   If you are in favor of the question, place an "X" in

79   the box opposite "YES". If you are opposed to the

80   question, place an "X" in the box opposite "NO".

81 If a majority of the votes cast on the proposal by the

82 qualified voters of the county voting thereon are in favor

83 of the proposal, then the order and any amendment to such

84 order shall be in effect on the first day of the second

85 quarter immediately following the election approving the

86 proposal. If the proposal receives less than the required

87 majority, the governing body of the county shall have no

88 power to impose the sales tax authorized pursuant to this

89 section unless and until the governing body of the county

90 shall again have submitted another proposal to authorize the

91 county commission, or authorized body, to impose the sales

92 tax authorized by this section and such proposal is approved

93 by the required majority of the qualified voters of the

94 county commission, or authorized body, voting on such

95 proposal; however, in no event shall a proposal pursuant to

96 this section be submitted to the voters sooner than twelve

97 months from the date of the last submission of a proposal

98 pursuant to this section.

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

100 authorized pursuant to this section shall be deposited in a

101 special trust fund and shall be used solely for providing a

102 juvenile detention facility for children coming within the

103 provisions of this chapter for so long as the tax shall

104 remain in effect.

105  (4) Once the tax authorized by this section is

106 abolished or terminated by any means, all funds remaining in

107 the special trust fund shall be used solely for providing a
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108 juvenile detention facility for children coming within the

109 provisions of this chapter for the counties. Any funds in

110 such special trust fund which are not needed for current

111 expenditures may be invested by the county commission in

112 accordance with applicable laws relating to the investment

113 of other county funds.

114  (5) All sales taxes collected by the director of

115 revenue pursuant to this section on behalf of any county,

116 less one percent for cost of collection which shall be

117 deposited in the state's general revenue fund after payment

118 of premiums for surety bonds as provided in section 32.087,

119 shall be deposited in a special trust fund, which is hereby

120 created, to be known as the "Juvenile Detention Facility

121 Sales Tax Trust Fund". The moneys in the juvenile detention

122 facility sales tax trust fund shall not be deemed to be

123 state funds and shall not be commingled with any funds of

124 the state. The director of revenue shall keep accurate

125 records of the amount of money in the trust fund which was

126 collected in each county imposing a sales tax pursuant to

127 this section, and the records shall be open to the

128 inspection of officers of each member county and the

129 public. Not later than the tenth day of each month the

130 director of revenue shall distribute all moneys deposited in

131 the trust fund during the preceding month to the county

132 which levied the tax. Such funds shall be deposited with

133 the treasurer of each such county, and all expenditures of

134 funds arising from the juvenile detention facility sales tax

135 trust fund shall be paid pursuant to an appropriation

136 adopted by the governing body of the county. Expenditures

137 may be made from the fund for the function authorized in the

138 order adopted by the governing body of the county submitting

139 the juvenile detention facility tax to the voters.
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140  (6) The director of revenue may make refunds from the

141 amounts in the trust fund and credited to any county for

142 erroneous payments and overpayments made, and may redeem

143 dishonored checks and drafts deposited to the credit of such

144 counties. If any county abolishes the tax, the governing

145 body of the county shall notify the director of revenue of

146 the action at least ninety days prior to the effective date

147 of the repeal, and the director of revenue may order

148 retention in the trust fund, for a period of one year, of

149 two percent of the amount collected after receipt of such

150 notice to cover possible refunds or overpayment of the tax

151 and to redeem dishonored checks and drafts deposited to the

152 credit of such accounts. After one year has elapsed after

153 the effective date of abolition of the tax in such county,

154 the director of revenue shall remit the balance in the

155 account to the county and close the account of that county.

156 The director of revenue shall notify each county in each

157 instance of any amount refunded or any check redeemed from

158 receipts due the county.

159  (7) Except as provided in this section, all provisions

160 of sections 32.085 and 32.087 shall apply to the tax imposed

161 pursuant to this section.

1    211.436. 1. Instruments of restraint, including

2 handcuffs, chains, irons, or straitjackets, shall not be

3 used on a child during a proceeding in a juvenile court and

4 shall be removed prior to the child's appearance before the

5 court unless, after a hearing, the court finds both that:

6    (1) The use of restraints is necessary due to one of

7 the following factors:

8    (a) Instruments of restraint are necessary to prevent

9 physical harm to the child or another person;
    SS#3 SB 888            26

10  (b) The child has a history of disruptive courtroom

11 behavior that has placed others in potentially harmful

12 situations or presents a substantial risk of inflicting

13 physical harm on himself or herself or others as evidenced

14 by recent behavior; or

15  (c) There is evidence that the child presents a

16 substantial risk of flight from the courtroom; and

17  (2) There are no less restrictive alternatives to

18 restraints that will prevent flight or physical harm to the

19 child or another person including, but not limited to, the

20 presence of court personnel, law enforcement officers, or

21 bailiffs.

22  2. If the juvenile officer believes that there is an

23 immediate safety or flight risk, as provided under

24 subsection 1 of this section, the juvenile officer shall

25 advise the attorney for the child and make a request in

26 writing prior to the commencement of the proceeding for the

27 child to remain restrained during the court proceeding while

28 in the presence of the parties to the proceeding.

29  3. If a request for restraints is made by the juvenile

30 officer, the court shall order a hearing and provide the

31 child's attorney an opportunity to be heard before the court

32 orders the use of restraints. If restraints are ordered,

33 the court shall make findings of fact in support of the

34 order.

35  4. If restraints are used, the restraints shall allow

36 the child limited movement of the hands to read and handle

37 documents and writings necessary to the proceeding. Under

38 no circumstances shall a child be restrained using

39 restraints fixed to a wall, floor, furniture, or other

40 stationary object.
    SS#3 SB 888        27

41  5. Leg restraints shall not be used on a child unless

42 the child is charged with a class A or class B felony, or

43 the official overseeing custody of the child determines the

44 child to be an immediate safety or flight risk.

1   217.362. 1. The department of corrections shall

2 design and implement an intensive long-term program for the

3 treatment of chronic nonviolent offenders with serious

4 substance abuse addictions who have not [pleaded] pled

5 guilty to or been convicted of a dangerous felony as defined

6 in section 556.061.

7   2. Prior to sentencing, any judge considering an

8 offender for this program shall notify the department. The

9 potential candidate for the program shall be screened by the

10 department to determine eligibility. The department shall,

11 by regulation, establish eligibility criteria and inform the

12 court of such criteria. The department shall notify the

13 court as to the offender's eligibility and the availability

14 of space in the program. Notwithstanding any other

15 provision of law to the contrary, except as provided for in

16 section 558.019, if an offender is eligible and there is

17 adequate space, the court may sentence a person to the

18 program which shall consist of institutional drug or alcohol

19 treatment for a period of at least twelve and no more than

20 twenty-four months, as well as a term of incarceration. The

21 department shall determine the nature, intensity, duration,

22 and completion criteria of the education, treatment, and

23 aftercare portions of any program services provided.

24 Execution of the offender's term of incarceration shall be

25 suspended pending completion of said program. Allocation of

26 space in the program may be distributed by the department in

27 proportion to drug arrest patterns in the state. If the

28 court is advised that an offender is not eligible or that
    SS#3 SB 888              28

29 there is no space available, the court shall consider other

30 authorized dispositions.

31  3. Upon successful completion of the program, the

32 division of probation and parole shall advise the sentencing

33 court of an offender's probationary release date thirty days

34 prior to release. If the court determines that probation is

35 not appropriate the court may order the execution of the

36 offender's sentence.

37  4. If it is determined by the department that the

38 offender has not successfully completed the program, or that

39 the offender is not cooperatively participating in the

40 program, the offender shall be removed from the program and

41 the court shall be advised. Failure of an offender to

42 complete the program shall cause the offender to serve the

43 sentence prescribed by the court and void the right to be

44 considered for probation on this sentence.

45  [5. An offender's first incarceration in a department

46 of corrections program pursuant to this section prior to

47 release on probation shall not be considered a previous

48 prison commitment for the purpose of determining a minimum

49 prison term pursuant to the provisions of section 558.019.]

1   217.690. 1. All releases or paroles shall issue upon

2 order of the parole board, duly adopted.

3   2. Before ordering the parole of any offender, the

4 parole board shall conduct a validated risk and needs

5 assessment and evaluate the case under the rules governing

6 parole that are promulgated by the parole board. The parole

7 board shall then have the offender appear before a hearing

8 panel and shall conduct a personal interview with him or

9 her, unless waived by the offender, or if the guidelines

10 indicate the offender may be paroled without need for an

11 interview. The guidelines and rules shall not allow for the
    SS#3 SB 888  29

12 waiver of a hearing if a victim requests a hearing. The

13 appearance or presence may occur by means of a

14 videoconference at the discretion of the parole board. A

15 parole may be ordered for the best interest of society when

16 there is a reasonable probability, based on the risk

17 assessment and indicators of release readiness, that the

18 person can be supervised under parole supervision and

19 successfully reintegrated into the community, not as an

20 award of clemency; it shall not be considered a reduction of

21 sentence or a pardon. Every offender while on parole shall

22 remain in the legal custody of the department but shall be

23 subject to the orders of the parole board.

24  3. The division of probation and parole has

25 discretionary authority to require the payment of a fee, not

26 to exceed sixty dollars per month, from every offender

27 placed under division supervision on probation, parole, or

28 conditional release, to waive all or part of any fee, to

29 sanction offenders for willful nonpayment of fees, and to

30 contract with a private entity for fee collections

31 services. All fees collected shall be deposited in the

32 inmate fund established in section 217.430. Fees collected

33 may be used to pay the costs of contracted collections

34 services. The fees collected may otherwise be used to

35 provide community corrections and intervention services for

36 offenders. Such services include substance abuse assessment

37 and treatment, mental health assessment and treatment,

38 electronic monitoring services, residential facilities

39 services, employment placement services, and other offender

40 community corrections or intervention services designated by

41 the division of probation and parole to assist offenders to

42 successfully complete probation, parole, or conditional

43 release. The division of probation and parole shall adopt
    SS#3 SB 888             30

44 rules not inconsistent with law, in accordance with section

45 217.040, with respect to sanctioning offenders and with

46 respect to establishing, waiving, collecting, and using fees.

47  4. The parole board shall adopt rules not inconsistent

48 with law, in accordance with section 217.040, with respect

49 to the eligibility of offenders for parole, the conduct of

50 parole hearings or conditions to be imposed upon paroled

51 offenders. Whenever an order for parole is issued it shall

52 recite the conditions of such parole.

53  5. When considering parole for an offender with

54 consecutive sentences, the minimum term for eligibility for

55 parole shall be calculated by adding the minimum terms for

56 parole eligibility for each of the consecutive sentences,

57 except the minimum term for parole eligibility shall not

58 exceed the minimum term for parole eligibility for an

59 ordinary life sentence.

60  6. Any offender sentenced to a term of imprisonment

61 amounting to fifteen years or more or multiple terms of

62 imprisonment that, taken together, amount to fifteen or more

63 years who was under eighteen years of age at the time of the

64 commission of the offense or offenses may be eligible for

65 parole after serving fifteen years of incarceration,

66 regardless of whether the case is final for the purposes of

67 appeal, and may be eligible for reconsideration hearings in

68 accordance with regulations promulgated by the parole board.

69  7. The provisions of subsection 6 of this section

70 shall not apply to an offender found guilty of capital

71 murder, murder in the first degree or murder in the second

72 degree, when murder in the second degree is committed

73 pursuant to subdivision (1) of subsection 1 of section

74 565.021, who was under eighteen years of age when the

75 offender committed the offense or offenses who may be found
     SS#3 SB 888          31

76 ineligible for parole or whose parole eligibility may be

77 controlled by section 558.047 or 565.033.

78   8. Any offender under a sentence for first degree

79 murder who has been denied release on parole after a parole

80 hearing shall not be eligible for another parole hearing

81 until at least three years from the month of the parole

82 denial; however, this subsection shall not prevent a release

83 pursuant to subsection [4] 7 of section 558.011.

84   9. A victim who has requested an opportunity to be

85 heard shall receive notice that the parole board is

86 conducting an assessment of the offender's risk and

87 readiness for release and that the victim's input will be

88 particularly helpful when it pertains to safety concerns and

89 specific protective measures that may be beneficial to the

90 victim should the offender be granted release.

91   10. Parole hearings shall, at a minimum, contain the

92 following procedures:

93   (1) The victim or person representing the victim who

94 attends a hearing may be accompanied by one other person;

95   (2) The victim or person representing the victim who

96 attends a hearing shall have the option of giving testimony

97 in the presence of the inmate or to the hearing panel

98 without the inmate being present;

99   (3) The victim or person representing the victim may

100 call or write the parole board rather than attend the

101 hearing;

102  (4) The victim or person representing the victim may

103 have a personal meeting with a parole board member at the

104 parole board's central office;

105  (5) The judge, prosecuting attorney or circuit

106 attorney and a representative of the local law enforcement

107 agency investigating the crime shall be allowed to attend
     SS#3 SB 888              32

108 the hearing or provide information to the hearing panel in

109 regard to the parole consideration; and

110  (6) The parole board shall evaluate information listed

111 in the juvenile sex offender registry pursuant to section

112 211.425, provided the offender is between the ages of

113 seventeen and twenty-one, as it impacts the safety of the

114 community.

115  11. The parole board shall notify any person of the

116 results of a parole eligibility hearing if the person

117 indicates to the parole board a desire to be notified.

118  12. The parole board may, at its discretion, require

119 any offender seeking parole to meet certain conditions

120 during the term of that parole so long as said conditions

121 are not illegal or impossible for the offender to perform.

122 These conditions may include an amount of restitution to the

123 state for the cost of that offender's incarceration.

124  13. Special parole conditions shall be responsive to

125 the assessed risk and needs of the offender or the need for

126 extraordinary supervision, such as electronic monitoring.

127 The parole board shall adopt rules to minimize the

128 conditions placed on low-risk cases, to frontload conditions

129 upon release, and to require the modification and reduction

130 of conditions based on the person's continuing stability in

131 the community. Parole board rules shall permit parole

132 conditions to be modified by parole officers with review and

133 approval by supervisors.

134  14. Nothing contained in this section shall be

135 construed to require the release of an offender on parole

136 nor to reduce the sentence of an offender heretofore

137 committed.

138  15. Beginning January 1, 2001, the parole board shall

139 not order a parole unless the offender has obtained a high
     SS#3 SB 888     33

140 school diploma or its equivalent, or unless the parole board

141 is satisfied that the offender, while committed to the

142 custody of the department, has made an honest good-faith

143 effort to obtain a high school diploma or its equivalent;

144 provided that the director may waive this requirement by

145 certifying in writing to the parole board that the offender

146 has actively participated in mandatory education programs or

147 is academically unable to obtain a high school diploma or

148 its equivalent.

149  16. Any rule or portion of a rule, as that term is

150 defined in section 536.010, that is created under the

151 authority delegated in this section shall become effective

152 only if it complies with and is subject to all of the

153 provisions of chapter 536 and, if applicable, section

154 536.028. This section and chapter 536 are nonseverable and

155 if any of the powers vested with the general assembly

156 pursuant to chapter 536 to review, to delay the effective

157 date, or to disapprove and annul a rule are subsequently

158 held unconstitutional, then the grant of rulemaking

159 authority and any rule proposed or adopted after August 28,

160 2005, shall be invalid and void.

161  17. When concurrent sentences are imposed by a court,

162 the person shall serve the minimum required percentage for

163 the longest sentence prior to parole eligibility.

1    217.760. 1. In all felony cases and class A

2 misdemeanor cases, the basis of which misdemeanor cases are

3 contained in chapters 565 and 566 and section 577.023, at

4 the request of a [circuit] sentencing judge of any circuit

5 court, the division of probation and parole shall assign one

6 or more state probation and parole officers to make an

7 investigation of the person convicted of the crime or

8 offense before sentence is imposed. In all felony cases in
    SS#3 SB 888           34

9 which the recommended sentence established by the sentencing

10 advisory commission pursuant to subsection [7] 1 of section

11 558.019 includes probation but the recommendation of the

12 prosecuting attorney or circuit attorney does not include

13 probation, the division of probation and parole shall, prior

14 to sentencing, provide the judge with a report on available

15 alternatives to incarceration. If a presentence

16 investigation report is completed then the available

17 alternatives shall be included in the presentence

18 investigation report.

19  2. The report of the presentence investigation or

20 preparole investigation shall contain any prior criminal

21 record of the defendant and such information about his or

22 her characteristics, his or her financial condition, his or

23 her social history, the circumstances affecting his or her

24 behavior as may be helpful in imposing sentence or in

25 granting probation or in the correctional treatment of the

26 defendant, information concerning the impact of the crime

27 upon the victim, the recommended sentence established by the

28 sentencing advisory commission and available alternatives to

29 incarceration including opportunities for restorative

30 justice, as well as a recommendation by the probation and

31 parole officer. The officer shall secure such other

32 information as may be required by the court and, whenever it

33 is practicable and needed, such investigation shall include

34 a physical and mental examination of the defendant.

1   556.061. In this code, unless the context requires a

2 different definition, the following terms shall mean:

3   (1) "Access", to instruct, communicate with, store

4 data in, retrieve or extract data from, or otherwise make

5 any use of any resources of, a computer, computer system, or

6 computer network;
    SS#3 SB 888              35

7   (2) "Affirmative defense":

8   (a) The defense referred to is not submitted to the

9 trier of fact unless supported by evidence; and

10  (b) If the defense is submitted to the trier of fact

11 the defendant has the burden of persuasion that the defense

12 is more probably true than not;

13  (3) "Burden of injecting the issue":

14  (a) The issue referred to is not submitted to the

15 trier of fact unless supported by evidence; and

16  (b) If the issue is submitted to the trier of fact any

17 reasonable doubt on the issue requires a finding for the

18 defendant on that issue;

19  (4) "Commercial film and photographic print

20 processor", any person who develops exposed photographic

21 film into negatives, slides or prints, or who makes prints

22 from negatives or slides, for compensation. The term

23 commercial film and photographic print processor shall

24 include all employees of such persons but shall not include

25 a person who develops film or makes prints for a public

26 agency;

27  (5) "Computer", the box that houses the central

28 processing unit (CPU), along with any internal storage

29 devices, such as internal hard drives, and internal

30 communication devices, such as internal modems capable of

31 sending or receiving [electronic mail] email or fax cards,

32 along with any other hardware stored or housed internally.

33 Thus, computer refers to hardware, software and data

34 contained in the main unit. Printers, external modems

35 attached by cable to the main unit, monitors, and other

36 external attachments will be referred to collectively as

37 peripherals and discussed individually when appropriate.

38 When the computer and all peripherals are referred to as a
    SS#3 SB 888  36

39 package, the term "computer system" is used. Information

40 refers to all the information on a computer system including

41 both software applications and data;

42  (6) "Computer equipment", computers, terminals, data

43 storage devices, and all other computer hardware associated

44 with a computer system or network;

45  (7) "Computer hardware", all equipment which can

46 collect, analyze, create, display, convert, store, conceal

47 or transmit electronic, magnetic, optical or similar

48 computer impulses or data. Hardware includes, but is not

49 limited to, any data processing devices, such as central

50 processing units, memory typewriters and self-contained

51 laptop or notebook computers; internal and peripheral

52 storage devices, transistor-like binary devices and other

53 memory storage devices, such as floppy disks, removable

54 disks, compact disks, digital video disks, magnetic tape,

55 hard drive, optical disks and digital memory; local area

56 networks, such as two or more computers connected together

57 to a central computer server via cable or modem; peripheral

58 input or output devices, such as keyboards, printers,

59 scanners, plotters, video display monitors and optical

60 readers; and related communication devices, such as modems,

61 cables and connections, recording equipment, RAM or ROM

62 units, acoustic couplers, automatic dialers, speed dialers,

63 programmable telephone dialing or signaling devices and

64 electronic tone-generating devices; as well as any devices,

65 mechanisms or parts that can be used to restrict access to

66 computer hardware, such as physical keys and locks;

67  (8) "Computer network", two or more interconnected

68 computers or computer systems;
    SS#3 SB 888              37

69  (9) "Computer program", a set of instructions,

70 statements, or related data that directs or is intended to

71 direct a computer to perform certain functions;

72  (10) "Computer software", digital information which

73 can be interpreted by a computer and any of its related

74 components to direct the way they work. Software is stored

75 in electronic, magnetic, optical or other digital form. The

76 term commonly includes programs to run operating systems and

77 applications, such as word processing, graphic, or

78 spreadsheet programs, utilities, compilers, interpreters and

79 communications programs;

80  (11) "Computer-related documentation", written,

81 recorded, printed or electronically stored material which

82 explains or illustrates how to configure or use computer

83 hardware, software or other related items;

84  (12) "Computer system", a set of related, connected or

85 unconnected, computer equipment, data, or software;

86  (13) "Confinement":

87  (a) A person is in confinement when such person is

88 held in a place of confinement pursuant to arrest or order

89 of a court, and remains in confinement until:

90  a. A court orders the person's release; or

91  b. The person is released on bail, bond, or

92 recognizance, personal or otherwise; or

93  c. A public servant having the legal power and duty to

94 confine the person authorizes his release without guard and

95 without condition that he return to confinement;

96  (b) A person is not in confinement if:

97  a. The person is on probation or parole, temporary or

98 otherwise; or

99  b. The person is under sentence to serve a term of

100 confinement which is not continuous, or is serving a
     SS#3 SB 888                38

101 sentence under a work-release program, and in either such

102 case is not being held in a place of confinement or is not

103 being held under guard by a person having the legal power

104 and duty to transport the person to or from a place of

105 confinement;

106  (14) "Consent": consent or lack of consent may be

107 expressed or implied. Assent does not constitute consent if:

108  (a) It is given by a person who lacks the mental

109 capacity to authorize the conduct charged to constitute the

110 offense and such mental incapacity is manifest or known to

111 the actor; or

112  (b) It is given by a person who by reason of youth,

113 mental disease or defect, intoxication, a drug-induced

114 state, or any other reason is manifestly unable or known by

115 the actor to be unable to make a reasonable judgment as to

116 the nature or harmfulness of the conduct charged to

117 constitute the offense; or

118  (c) It is induced by force, duress or deception;

119  (15) "Controlled substance", a drug, substance, or

120 immediate precursor in Schedules I through V as defined in

121 chapter 195;

122  (16) "Criminal negligence", failure to be aware of a

123 substantial and unjustifiable risk that circumstances exist

124 or a result will follow, and such failure constitutes a

125 gross deviation from the standard of care which a reasonable

126 person would exercise in the situation;

127  (17) "Custody", a person is in custody when he or she

128 has been arrested but has not been delivered to a place of

129 confinement;

130  (18) "Damage", when used in relation to a computer

131 system or network, means any alteration, deletion, or

132 destruction of any part of the computer system or network;
     SS#3 SB 888  39

133  (19) "Dangerous felony", the felonies [of] requiring

134 eighty-five percent of the imposed sentence to be served

135 prior to parole eligibility, which are arson in the first

136 degree, assault in the first degree, attempted rape in the

137 first degree if physical injury results, attempted forcible

138 rape if physical injury results, attempted sodomy in the

139 first degree if physical injury results, attempted forcible

140 sodomy if physical injury results, rape in the first degree,

141 forcible rape, sodomy in the first degree, forcible sodomy,

142 assault in the second degree if the victim of such assault

143 is a special victim as defined in subdivision (14) of

144 section 565.002, kidnapping in the first degree, kidnapping,

145 murder in the second degree, assault of a law enforcement

146 officer in the first degree, domestic assault in the first

147 degree, elder abuse in the first degree, robbery in the

148 first degree, armed criminal action, conspiracy to commit an

149 offense when the offense is a dangerous felony, vehicle

150 hijacking when punished as a class A felony, statutory rape

151 in the first degree [when the victim is a child less than

152 twelve years of age at the time of the commission of the act

153 giving rise to the offense], statutory sodomy in the first

154 degree [when the victim is a child less than twelve years of

155 age at the time of the commission of the act giving rise to

156 the offense], child molestation in the first or second

157 degree, abuse of a child if the child dies as a result of

158 injuries sustained from conduct chargeable under section

159 568.060, child kidnapping, parental kidnapping committed by

160 detaining or concealing the whereabouts of the child for not

161 less than one hundred twenty days under section 565.153, bus

162 hijacking when punished as a class A felony, planting a bomb

163 or explosive in or near a bus or terminal, [and] an

164 "intoxication-related traffic offense" or "intoxication-
     SS#3 SB 888      40

165 related boating offense" if the person is found to be a

166 "habitual offender" or "habitual boating offender" as such

167 terms are defined in section 577.001, abuse through forced

168 labor when punished under subsection 4 of section 566.203,

169 trafficking for the purposes of slavery, involuntary

170 servitude, peonage, or forced labor or the attempt of such

171 when punished under subsection 4 of section 566.206,

172 trafficking for the purposes of sexual exploitation or the

173 attempt of such when the offense was effected by force,

174 abduction, or coercion, sexual trafficking of a child in the

175 first degree, sexual trafficking of a child in the second

176 degree, a third violation of failure to register as a sexual

177 offender, and endangering the welfare of a child in the

178 first degree when punished under section 568.045;

179  (20) "Dangerous instrument", any instrument, article

180 or substance, which, under the circumstances in which it is

181 used, is readily capable of causing death or other serious

182 physical injury;

183  (21) "Data", a representation of information, facts,

184 knowledge, concepts, or instructions prepared in a

185 formalized or other manner and intended for use in a

186 computer or computer network. Data may be in any form

187 including, but not limited to, printouts, microfiche,

188 magnetic storage media, punched cards and as may be stored

189 in the memory of a computer;

190  (22) "Deadly weapon", any firearm, loaded or unloaded,

191 or any weapon from which a shot, readily capable of

192 producing death or serious physical injury, may be

193 discharged, or a switchblade knife, dagger, billy club,

194 blackjack or metal knuckles;
     SS#3 SB 888    41

195  (23) "Digital camera", a camera that records images in

196 a format which enables the images to be downloaded into a

197 computer;

198  (24) "Disability", a mental, physical, or

199 developmental impairment that substantially limits one or

200 more major life activities or the ability to provide

201 adequately for one's care or protection, whether the

202 impairment is congenital or acquired by accident, injury or

203 disease, where such impairment is verified by medical

204 findings;

205  (25) "Elderly person", a person sixty years of age or

206 older;

207  (26) "Felony", an offense so designated or an offense

208 for which persons found guilty thereof may be sentenced to

209 death or imprisonment for a term of more than one year;

210  (27) "Forcible compulsion" either:

211  (a) Physical force that overcomes reasonable

212 resistance; or

213  (b) A threat, express or implied, that places a person

214 in reasonable fear of death, serious physical injury or

215 kidnapping of such person or another person;

216  (28) "Incapacitated", a temporary or permanent

217 physical or mental condition in which a person is

218 unconscious, unable to appraise the nature of his or her

219 conduct, or unable to communicate unwillingness to an act;

220  (29) "Infraction", a violation defined by this code or

221 by any other statute of this state if it is so designated or

222 if no sentence other than a fine, or fine and forfeiture or

223 other civil penalty, is authorized upon conviction;

224  (30) "Inhabitable structure", a vehicle, vessel or

225 structure:
     SS#3 SB 888             42

226  (a) Where any person lives or carries on business or

227 other calling; or

228  (b) Where people assemble for purposes of business,

229 government, education, religion, entertainment, or public

230 transportation; or

231  (c) Which is used for overnight accommodation of

232 persons.

233 Any such vehicle, vessel, or structure is inhabitable

234 regardless of whether a person is actually present. If a

235 building or structure is divided into separately occupied

236 units, any unit not occupied by the actor is an inhabitable

237 structure of another;

238  (31) "Knowingly", when used with respect to:

239  (a) Conduct or attendant circumstances, means a person

240 is aware of the nature of his or her conduct or that those

241 circumstances exist; or

242  (b) A result of conduct, means a person is aware that

243 his or her conduct is practically certain to cause that

244 result;

245  (32) "Law enforcement officer", any public servant

246 having both the power and duty to make arrests for

247 violations of the laws of this state, and federal law

248 enforcement officers authorized to carry firearms and to

249 make arrests for violations of the laws of the United States;

250  (33) "Misdemeanor", an offense so designated or an

251 offense for which persons found guilty thereof may be

252 sentenced to imprisonment for a term of which the maximum is

253 one year or less;

254  (34) "Of another", property that any entity, including

255 but not limited to any natural person, corporation, limited

256 liability company, partnership, association, governmental
     SS#3 SB 888                 43

257 subdivision or instrumentality, other than the actor, has a

258 possessory or proprietary interest therein, except that

259 property shall not be deemed property of another who has

260 only a security interest therein, even if legal title is in

261 the creditor pursuant to a conditional sales contract or

262 other security arrangement;

263  (35) "Offense", any felony or misdemeanor;

264  (36) "Physical injury", slight impairment of any

265 function of the body or temporary loss of use of any part of

266 the body;

267  (37) "Place of confinement", any building or facility

268 and the grounds thereof wherein a court is legally

269 authorized to order that a person charged with or convicted

270 of a crime be held;

271  (38) "Possess" or "possessed", having actual or

272 constructive possession of an object with knowledge of its

273 presence. A person has actual possession if such person has

274 the object on his or her person or within easy reach and

275 convenient control. A person has constructive possession if

276 such person has the power and the intention at a given time

277 to exercise dominion or control over the object either

278 directly or through another person or persons. Possession

279 may also be sole or joint. If one person alone has

280 possession of an object, possession is sole. If two or more

281 persons share possession of an object, possession is joint;

282  (39) "Property", anything of value, whether real or

283 personal, tangible or intangible, in possession or in action;

284  (40) "Public servant", any person employed in any way

285 by a government of this state who is compensated by the

286 government by reason of such person's employment, any person

287 appointed to a position with any government of this state,

288 or any person elected to a position with any government of
     SS#3 SB 888              44

289 this state. It includes, but is not limited to,

290 legislators, jurors, members of the judiciary and law

291 enforcement officers. It does not include witnesses;

292  (41) "Purposely", when used with respect to a person's

293 conduct or to a result thereof, means when it is his or her

294 conscious object to engage in that conduct or to cause that

295 result;

296  (42) "Recklessly", consciously disregarding a

297 substantial and unjustifiable risk that circumstances exist

298 or that a result will follow, and such disregard constitutes

299 a gross deviation from the standard of care which a

300 reasonable person would exercise in the situation;

301  (43) "Serious emotional injury", an injury that

302 creates a substantial risk of temporary or permanent medical

303 or psychological damage, manifested by impairment of a

304 behavioral, cognitive or physical condition. Serious

305 emotional injury shall be established by testimony of

306 qualified experts upon the reasonable expectation of

307 probable harm to a reasonable degree of medical or

308 psychological certainty;

309  (44) "Serious physical injury", physical injury that

310 creates a substantial risk of death or that causes serious

311 disfigurement or protracted loss or impairment of the

312 function of any part of the body;

313  (45) "Services", when used in relation to a computer

314 system or network, means use of a computer, computer system,

315 or computer network and includes, but is not limited to,

316 computer time, data processing, and storage or retrieval

317 functions;

318  (46) "Sexual orientation", male or female

319 heterosexuality, homosexuality or bisexuality by

320 inclination, practice, identity or expression, or having a
     SS#3 SB 888            45

321 self-image or identity not traditionally associated with

322 one's gender;

323  (47) "Vehicle", a self-propelled mechanical device

324 designed to carry a person or persons, excluding vessels or

325 aircraft;

326  (48) "Vessel", any boat or craft propelled by a motor

327 or by machinery, whether or not such motor or machinery is a

328 principal source of propulsion used or capable of being used

329 as a means of transportation on water, or any boat or craft

330 more than twelve feet in length which is powered by sail

331 alone or by a combination of sail and machinery, and used or

332 capable of being used as a means of transportation on water,

333 but not any boat or craft having, as the only means of

334 propulsion, a paddle or oars;

335  (49) "Voluntary act":

336  (a) A bodily movement performed while conscious as a

337 result of effort or determination. Possession is a

338 voluntary act if the possessor knowingly procures or

339 receives the thing possessed, or having acquired control of

340 it was aware of his or her control for a sufficient time to

341 have enabled him or her to dispose of it or terminate his or

342 her control; or

343  (b) An omission to perform an act of which the actor

344 is physically capable. A person is not guilty of an offense

345 based solely upon an omission to perform an act unless the

346 law defining the offense expressly so provides, or a duty to

347 perform the omitted act is otherwise imposed by law;

348  (50) "Vulnerable person", any person in the custody,

349 care, or control of the department of mental health who is

350 receiving services from an operated, funded, licensed, or

351 certified program.
    SS#3 SB 888                46

1   557.011. 1. Every person found guilty of an offense

2 shall be dealt with by the court in accordance with the

3 provisions of this chapter, except that for offenses defined

4 outside this code and not repealed, the term of imprisonment

5 or the fine that may be imposed is that provided in the

6 statute defining the offense; however, the conditional

7 release term of any sentence of a term of years shall be

8 determined as provided in subsection [4] 7 of section

9 558.011.

10  2. Whenever any person has been found guilty of a

11 felony or a misdemeanor the court shall make one or more of

12 the following dispositions of the offender in any

13 appropriate combination. The court may:

14  (1) Sentence the person to a term of imprisonment as

15 authorized by chapter 558;

16  (2) Sentence the person to pay a fine as authorized by

17 chapter 560;

18  (3) Suspend the imposition of sentence, with or

19 without placing the person on probation;

20  (4) Pronounce sentence and suspend its execution,

21 placing the person on probation;

22  (5) Impose a period of detention as a condition of

23 probation, as authorized by section 559.026.

24  3. Whenever any person has been found guilty of an

25 infraction, the court shall make one or more of the

26 following dispositions of the offender in any appropriate

27 combination. The court may:

28  (1) Sentence the person to pay a fine as authorized by

29 chapter 560;

30  (2) Suspend the imposition of sentence, with or

31 without placing the person on probation;
    SS#3 SB 888                47

32  (3) Pronounce sentence and suspend its execution,

33 placing the person on probation.

34  4. Whenever any organization has been found guilty of

35 an offense, the court shall make one or more of the

36 following dispositions of the organization in any

37 appropriate combination. The court may:

38  (1) Sentence the organization to pay a fine as

39 authorized by chapter 560;

40  (2) Suspend the imposition of sentence, with or

41 without placing the organization on probation;

42  (3) Pronounce sentence and suspend its execution,

43 placing the organization on probation;

44  (4) Impose any special sentence or sanction authorized

45 by law.

46  5. This chapter shall not be construed to deprive the

47 court of any authority conferred by law to decree a

48 forfeiture of property, suspend or cancel a license, remove

49 a person from office, or impose any other civil penalty. An

50 appropriate order exercising such authority may be included

51 as part of any sentence.

52  6. In the event a sentence of confinement is ordered

53 executed, a court may order that an individual serve all or

54 any portion of such sentence on electronic monitoring;

55 except that all costs associated with the electronic

56 monitoring shall be charged to the person on house arrest.

57 If the judge finds the person unable to afford the costs

58 associated with electronic monitoring, the judge may order

59 that the person be placed on house arrest with electronic

60 monitoring if the county commission agrees to pay the costs

61 of such monitoring. If the person on house arrest is unable

62 to afford the costs associated with electronic monitoring

63 and the county commission does not agree to pay from the
    SS#3 SB 888              48

64 general revenue of the county the costs of such electronic

65 monitoring, the judge shall not order that the person be

66 placed on house arrest with electronic monitoring.

1   557.021. 1. Any offense defined outside this code

2 [which] that is declared to be a misdemeanor without

3 specification of the penalty therefor is a class A

4 misdemeanor.

5   2. Any offense defined outside this code [which] that

6 is declared to be a felony without specification of the

7 penalty therefor is a class E felony and subject to the

8 terms as provided in chapter 558.

9   3. For the purpose of applying the extended term

10 provisions of section 558.016 [and the minimum prison term

11 provisions of], the parole eligibility provisions pursuant

12 to section [558.019] 558.011 and for determining the penalty

13 for attempts, offenses defined outside of this code shall be

14 classified as follows:

15  (1) If the offense is a felony:

16  (a) It is a class A felony if the authorized penalty

17 includes death, life imprisonment or imprisonment for a term

18 of twenty years or more;

19  (b) It is a class B felony if the maximum term of

20 imprisonment authorized exceeds ten years but is less than

21 twenty years;

22  (c) It is a class C felony if the maximum term of

23 imprisonment authorized is ten years;

24  (d) It is a class D felony if the maximum term of

25 imprisonment exceeds four years but is less than ten years;

26  (e) It is a class E felony if the maximum term of

27 imprisonment is four years or less;

28  (2) If the offense is a misdemeanor:
    SS#3 SB 888              49

29  (a) It is a class A misdemeanor if the authorized

30 imprisonment exceeds six months in jail;

31  (b) It is a class B misdemeanor if the authorized

32 imprisonment exceeds thirty days but is not more than six

33 months;

34  (c) It is a class C misdemeanor if the authorized

35 imprisonment is thirty days or less;

36  (d) It is a class D misdemeanor if it includes a

37 mental state as an element of the offense and there is no

38 authorized imprisonment;

39  (e) It is an infraction if there is no authorized

40 imprisonment.

1   558.011. 1. The authorized terms of imprisonment,

2 including both prison and conditional release terms, for all

3 offenses are as follows:

4   (1) For a class A felony, a term of years not less

5 than ten years and not to exceed thirty years, or life

6 imprisonment, for which an offender shall serve seventy

7 percent of the imposed sentence prior to parole eligibility;

8   (2) For a class B felony, a term of years not less

9 than five years and not to exceed fifteen years, for which

10 an offender shall serve fifty percent of the imposed

11 sentence prior to parole eligibility;

12  (3) For a class C felony, a term of years not less

13 than three years and not to exceed ten years, for which an

14 offender shall serve:

15  (a) Forty percent of the imposed sentence prior to

16 parole eligibility for an offense under chapters 566, 568,

17 and 573 that requires registration as a sex offender under

18 chapter 589;
    SS#3 SB 888        50

19  (b) Thirty percent of the imposed sentence prior to

20 parole eligibility for a first offense other than an offense

21 under paragraph (a) of this subdivision;

22  (c) Thirty-five percent of the imposed sentence prior

23 to parole eligibility for a second offense other than an

24 offense under paragraph (a) of this subdivision;

25  (d) Fifty percent of the imposed sentence prior to

26 parole eligibility for a third or subsequent offense other

27 than an offense under paragraph (a) of this subdivision;

28  (4) For a class D felony, a term of years not to

29 exceed seven years, for which an offender shall serve:

30  (a) Twenty-five percent of the imposed sentence prior

31 to parole eligibility for an offense under chapters 566,

32 568, and 573 that requires registration as a sex offender

33 under chapter 589;

34  (b) Twenty percent of the imposed sentence prior to

35 parole eligibility for a first offense other than an offense

36 under paragraph (a) of this subdivision;

37  (c) Twenty-five percent of the imposed sentence prior

38 to parole eligibility for a second offense other than an

39 offense under paragraph (a) of this subdivision;

40  (d) Fifty percent of the imposed sentence prior to

41 parole eligibility for a third or subsequent offense other

42 than an offense under paragraph (a) of this subdivision;

43  (5) For a class E felony, a term of years not to

44 exceed four years, for which an offender shall serve:

45  (a) Twenty-five percent of the imposed sentence prior

46 to parole eligibility for an offense under chapters 566,

47 568, and 573 that requires registration as a sex offender

48 under chapter 589;
    SS#3 SB 888              51

49  (b) Fifteen percent of the imposed sentence prior to

50 parole eligibility for a first offense other than an offense

51 under paragraph (a) of this subdivision;

52  (c) Twenty percent of the imposed sentence prior to

53 parole eligibility for a second offense other than an

54 offense under paragraph (a) of this subdivision;

55  (d) Fifty percent of the imposed sentence prior to

56 parole eligibility for a third or subsequent offense other

57 than an offense under paragraph (a) of this subdivision;

58  (6) For a class A misdemeanor, a term not to exceed

59 one year;

60  (7) For a class B misdemeanor, a term not to exceed

61 six months;

62  (8) For a class C misdemeanor, a term not to exceed

63 fifteen days.

64  2. When a person is sentenced to the authorized term

65 of imprisonment for a higher class than the offense for

66 which the person was found guilty under sections 558.016,

67 565.079, and 579.170, the person shall also be sentenced to

68 the parole eligibility percentage of the higher class.

69  3. The authorized terms of imprisonment under

70 subsections 1 and 2 of this section shall apply to all

71 offenses, except if the terms for parole eligibility

72 otherwise provided by statute result in a higher parole

73 eligibility percentage, in which case the statute resulting

74 in the higher parole eligibility percentage shall apply.

75  4. The authorized terms of imprisonment under

76 subsection 1 of this section shall not apply to any offense

77 where a suspended imposition of sentence is imposed or where

78 the matter is referred to an adult treatment court as

79 provided in chapter 478.
     SS#3 SB 888  52

80   5. In cases of class D and E felonies, the court shall

81 have discretion to imprison for a special term not to exceed

82 one year in the county jail or other authorized penal

83 institution, and the place of confinement shall be fixed by

84 the court. If the court imposes a sentence of imprisonment

85 for a term longer than one year upon a person convicted of a

86 class D or E felony, it shall commit the person to the

87 custody of the department of corrections.

88   [3.] 6. (1) When a regular sentence of imprisonment

89 for a felony is imposed, the court shall commit the person

90 to the custody of the department of corrections for the term

91 imposed under section 557.036, or until released under

92 procedures established elsewhere by law.

93   (2) A sentence of imprisonment for a misdemeanor shall

94 be for a definite term and the court shall commit the person

95 to the county jail or other authorized penal institution for

96 the term of his or her sentence or until released under

97 procedure established elsewhere by law.

98   [4.] 7. (1) Except as otherwise provided, a sentence

99 of imprisonment for a term of years for felonies other than

100 dangerous felonies as defined in section 556.061, and other

101 than sentences of imprisonment which involve the

102 individual's fourth or subsequent remand to the department

103 of corrections shall consist of a prison term and a

104 conditional release term. The conditional release term of

105 any term imposed under section 557.036 shall be:

106  (a) One-third for terms of nine years or less;

107  (b) Three years for terms between nine and fifteen

108 years;

109  (c) Five years for terms more than fifteen years; and

110 the prison term shall be the remainder of such term. The
     SS#3 SB 888  53

111 prison term may be extended by the parole board pursuant to

112 subsection [5] 8 of this section.

113  (2) "Conditional release" means the conditional

114 discharge of an offender by the parole board, subject to

115 conditions of release that the parole board deems reasonable

116 to assist the offender to lead a law-abiding life, and

117 subject to the supervision under the division of probation

118 and parole. The conditions of release shall include

119 avoidance by the offender of any other offense, federal or

120 state, and other conditions that the parole board in its

121 discretion deems reasonably necessary to assist the releasee

122 in avoiding further violation of the law.

123  [5.] 8. The date of conditional release from the

124 prison term may be extended up to a maximum of the entire

125 sentence of imprisonment by the parole board. The director

126 of any division of the department of corrections except the

127 division of probation and parole may file with the parole

128 board a petition to extend the conditional release date when

129 an offender fails to follow the rules and regulations of the

130 division or commits an act in violation of such rules.

131 Within ten working days of receipt of the petition to extend

132 the conditional release date, the parole board shall convene

133 a hearing on the petition. The offender shall be present

134 and may call witnesses in his or her behalf and cross-

135 examine witnesses appearing against the offender. The

136 hearing shall be conducted as provided in section 217.670.

137 If the violation occurs in close proximity to the

138 conditional release date, the conditional release may be

139 held for a maximum of fifteen working days to permit

140 necessary time for the division director to file a petition

141 for an extension with the parole board and for the parole

142 board to conduct a hearing, provided some affirmative
     SS#3 SB 888               54

143 manifestation of an intent to extend the conditional release

144 has occurred prior to the conditional release date. If at

145 the end of a fifteen-working-day period a parole board

146 decision has not been reached, the offender shall be

147 released conditionally. The decision of the parole board

148 shall be final.

149  9. Any person who commits a class A or B felony or an

150 offense under chapters 566, 568, and 573 that requires

151 registration as a sex offender under chapter 589, on or

152 after January 1, 2028, shall not be eligible for conditional

153 release for that offense.

154  10. Notwithstanding any other provision of law to the

155 contrary, any offender who has been found guilty of a

156 dangerous felony as defined in section 556.061 and is

157 committed to the department of corrections shall be required

158 to serve eighty-five percent of the sentence imposed by the

159 court prior to parole eligibility.

160  11. For the purpose of determining the minimum time

161 required to be served by the offender before he or she is

162 eligible for parole, the following calculations shall apply:

163  (1) A sentence of life shall be calculated to be

164 thirty years; and

165  (2) Any sentence either alone or in the aggregate with

166 other consecutive sentences for offenses committed at or

167 near the same time that is over seventy-five years shall be

168 calculated to be seventy-five years.

169  12. When consecutive sentences are imposed by a court,

170 the minimum percentage for each respective felony shall be

171 met prior to parole eligibility.

172  13. When concurrent sentences are imposed by a court,

173 the person shall serve the minimum required percentage for

174 the longest sentence prior to parole eligibility.
    SS#3 SB 888         55

1   558.016. 1. The court may sentence a person who has

2 been found guilty of an offense to a term of imprisonment as

3 authorized by section 558.011 or to a term of imprisonment

4 authorized by a statute governing the offense if it finds

5 the defendant is a prior offender or a persistent

6 misdemeanor offender. The court [may] shall sentence a

7 person to an extended term of imprisonment if:

8   (1) The defendant is a persistent offender or a

9 dangerous offender, and the person is sentenced under

10 subsection 7 of this section;

11  (2) The statute under which the person was found

12 guilty contains a sentencing enhancement provision that is

13 based on a prior finding of guilt or a finding of prior

14 criminal conduct and the person is sentenced according to

15 the statute; or

16  (3) A more specific sentencing enhancement provision

17 applies that is based on a prior finding of guilt or a

18 finding of prior criminal conduct.

19  2. A "prior offender" is one who has been found guilty

20 of one felony.

21  3. A "persistent offender" is one who has been found

22 guilty of two or more felonies committed at different times,

23 or one who has been previously found guilty of a dangerous

24 felony as defined in subdivision (19) of section 556.061.

25  4. A "dangerous offender" is one who:

26  (1) Is being sentenced for a felony during the

27 commission of which he knowingly murdered or endangered or

28 threatened the life of another person or knowingly inflicted

29 or attempted or threatened to inflict serious physical

30 injury on another person; and

31  (2) Has been found guilty of a class A or B felony or

32 a dangerous felony.
    SS#3 SB 888  56

33  5. A "persistent misdemeanor offender" is one who has

34 been found guilty of two or more offenses, committed at

35 different times that are classified as A or B misdemeanors

36 under the laws of this state.

37  6. The findings of guilt shall be prior to the date of

38 commission of the present offense.

39  7. The court shall sentence a person, who has been

40 found to be a persistent offender or a dangerous offender,

41 and is found guilty of a class B, C, D, or E felony to the

42 authorized term of imprisonment for the offense that is one

43 class higher than the offense for which the person is found

44 guilty.

1   558.019. 1. [This section shall not be construed to

2 affect the powers of the governor under Article IV, Section

3 7, of the Missouri Constitution. This statute shall not

4 affect those provisions of section 565.020 or section

5 566.125, which set minimum terms of sentences, or the

6 provisions of section 559.115, relating to probation.

7   2. The provisions of subsections 2 to 5 of this

8 section shall only be applicable to the offenses contained

9 in sections 565.021, 565.023, 565.024, 565.027, 565.050,

10 565.052, 565.054, 565.072, 565.073, 565.074, 565.090,

11 565.110, 565.115, 565.120, 565.153, 565.156, 565.225,

12 565.300, 566.030, 566.031, 566.032, 566.034, 566.060,

13 566.061, 566.062, 566.064, 566.067, 566.068, 566.069,

14 566.071, 566.083, 566.086, 566.100, 566.101, 566.103,

15 566.111, 566.115, 566.145, 566.151, 566.153, 566.203,

16 566.206, 566.209, 566.210, 566.211, 566.215, 568.030,

17 568.045, 568.060, 568.065, 568.175, 569.040, 569.160,

18 570.023, 570.025, 570.030 when punished as a class A, B, or

19 C felony, 570.145 when punished as a class A or B felony,

20 570.223 when punished as a class B or C felony, 571.020,
    SS#3 SB 888   57

21 571.030, 571.070, 573.023, 573.025, 573.035, 573.037,

22 573.200, 573.205, 574.070, 574.080, 574.115, 575.030,

23 575.150, 575.153, 575.155, 575.157, 575.200 when punished as

24 a class A felony, 575.210, 575.230 when punished as a class

25 B felony, 575.240 when punished as a class B felony,

26 576.070, 576.080, 577.010, 577.013, 577.078, 577.703,

27 577.706, 579.065, and 579.068 when punished as a class A or

28 B felony. For the purposes of this section, "prison

29 commitment" means and is the receipt by the department of

30 corrections of an offender after sentencing. For purposes

31 of this section, prior prison commitments to the department

32 of corrections shall not include an offender's first

33 incarceration prior to release on probation under section

34 217.362 or 559.115. Other provisions of the law to the

35 contrary notwithstanding, any offender who has been found

36 guilty of a felony other than a dangerous felony as defined

37 in section 556.061 and is committed to the department of

38 corrections shall be required to serve the following minimum

39 prison terms:

40  (1) If the offender has one previous prison commitment

41 to the department of corrections for a felony offense, the

42 minimum prison term which the offender must serve shall be

43 forty percent of his or her sentence or until the offender

44 attains seventy years of age, and has served at least thirty

45 percent of the sentence imposed, whichever occurs first;

46  (2) If the offender has two previous prison

47 commitments to the department of corrections for felonies

48 unrelated to the present offense, the minimum prison term

49 which the offender must serve shall be fifty percent of his

50 or her sentence or until the offender attains seventy years

51 of age, and has served at least forty percent of the

52 sentence imposed, whichever occurs first;
    SS#3 SB 888     58

53  (3) If the offender has three or more previous prison

54 commitments to the department of corrections for felonies

55 unrelated to the present offense, the minimum prison term

56 which the offender must serve shall be eighty percent of his

57 or her sentence or until the offender attains seventy years

58 of age, and has served at least forty percent of the

59 sentence imposed, whichever occurs first.

60  3. Other provisions of the law to the contrary

61 notwithstanding, any offender who has been found guilty of a

62 dangerous felony as defined in section 556.061 and is

63 committed to the department of corrections shall be required

64 to serve a minimum prison term of eighty-five percent of the

65 sentence imposed by the court or until the offender attains

66 seventy years of age, and has served at least forty percent

67 of the sentence imposed, whichever occurs first.

68  4. For the purpose of determining the minimum prison

69 term to be served, the following calculations shall apply:

70  (1) A sentence of life shall be calculated to be

71 thirty years;

72  (2) Any sentence either alone or in the aggregate with

73 other consecutive sentences for offenses committed at or

74 near the same time which is over seventy-five years shall be

75 calculated to be seventy-five years.

76  5. For purposes of this section, the term "minimum

77 prison term" shall mean time required to be served by the

78 offender before he or she is eligible for parole,

79 conditional release or other early release by the department

80 of corrections.

81  6. An offender who was convicted of, or pled guilty

82 to, a felony offense other than those offenses listed in

83 subsection 2 of this section prior to August 28, 2019, shall

84 no longer be subject to the minimum prison term provisions
     SS#3 SB 888  59

85 under subsection 2 of this section, and shall be eligible

86 for parole, conditional release, or other early release by

87 the department of corrections according to the rules and

88 regulations of the department.

89   7.] (1) A sentencing advisory commission is hereby

90 created to consist of eleven members. One member shall be

91 appointed by the speaker of the house. One member shall be

92 appointed by the president pro tem of the senate. One

93 member shall be the director of the department of

94 corrections. Six members shall be appointed by and serve at

95 the pleasure of the governor from among the following: the

96 public defender commission; private citizens; a private

97 member of the Missouri Bar; the board of probation and

98 parole; and a prosecutor. Two members shall be appointed by

99 the supreme court, one from a metropolitan area and one from

100 a rural area. All members shall be appointed to a four-year

101 term. All members of the sentencing commission appointed

102 prior to August 28, 1994, shall continue to serve on the

103 sentencing advisory commission at the pleasure of the

104 governor.

105  (2) The commission shall study sentencing practices in

106 the circuit courts throughout the state for the purpose of

107 determining whether and to what extent disparities exist

108 among the various circuit courts with respect to the length

109 of sentences imposed and the use of probation for offenders

110 convicted of the same or similar offenses and with similar

111 criminal histories. The commission shall also study and

112 examine whether and to what extent sentencing disparity

113 among economic and social classes exists in relation to the

114 sentence of death and if so, the reasons therefor, if

115 sentences are comparable to other states, if the length of

116 the sentence is appropriate, and the rate of rehabilitation
     SS#3 SB 888               60

117 based on sentence. It shall compile statistics, examine

118 cases, draw conclusions, and perform other duties relevant

119 to the research and investigation of disparities in death

120 penalty sentencing among economic and social classes.

121  (3) The commission shall study alternative sentences,

122 prison work programs, work release, home-based

123 incarceration, probation and parole options, and any other

124 programs and report the feasibility of these options in

125 Missouri.

126  (4) The governor shall select a chairperson who shall

127 call meetings of the commission as required or permitted

128 pursuant to the purpose of the sentencing commission.

129  (5) The members of the commission shall not receive

130 compensation for their duties on the commission, but shall

131 be reimbursed for actual and necessary expenses incurred in

132 the performance of these duties and for which they are not

133 reimbursed by reason of their other paid positions.

134  (6) The circuit and associate circuit courts of this

135 state, the office of the state courts administrator, the

136 department of public safety, and the department of

137 corrections shall cooperate with the commission by providing

138 information or access to information needed by the

139 commission. The office of the state courts administrator

140 will provide needed staffing resources.

141  [8.] 2. Courts shall retain discretion to lower or

142 exceed the sentence recommended by the commission as

143 otherwise allowable by law, and to order restorative justice

144 methods, when applicable.

145  [9.] 3. If the imposition or execution of a sentence

146 is suspended, the court may order any or all of the

147 following restorative justice methods, or any other method

148 that the court finds just or appropriate:
     SS#3 SB 888  61

149  (1) Restitution to any victim or a statutorily created

150 fund for costs incurred as a result of the offender's

151 actions;

152  (2) Offender treatment programs;

153  (3) Mandatory community service;

154  (4) Work release programs in local facilities; and

155  (5) Community-based residential and nonresidential

156 programs.

157  [10.] 4. Pursuant to subdivision (1) of subsection [9]

158 3 of this section, the court may order the assessment and

159 payment of a designated amount of restitution to a county

160 law enforcement restitution fund established by the county

161 commission pursuant to section 50.565. Such contribution

162 shall not exceed three hundred dollars for any charged

163 offense. Any restitution moneys deposited into the county

164 law enforcement restitution fund pursuant to this section

165 shall only be expended pursuant to the provisions of section

166 50.565.

167  [11.] 5. A judge may order payment to a restitution

168 fund only if such fund had been created by ordinance or

169 resolution of a county of the state of Missouri prior to

170 sentencing. A judge shall not have any direct supervisory

171 authority or administrative control over any fund to which

172 the judge is ordering a person to make payment.

173  [12.] 6. A person who fails to make a payment to a

174 county law enforcement restitution fund may not have his or

175 her probation revoked solely for failing to make such

176 payment unless the judge, after evidentiary hearing, makes a

177 finding supported by a preponderance of the evidence that

178 the person either willfully refused to make the payment or

179 that the person willfully, intentionally, and purposefully
     SS#3 SB 888           62

180 failed to make sufficient bona fide efforts to acquire the

181 resources to pay.

182  [13.] 7. Nothing in this section shall be construed to

183 allow the sentencing advisory commission to issue

184 recommended sentences in specific cases pending in the

185 courts of this state.

1    558.026. 1. Multiple sentences of imprisonment shall

2 run concurrently unless the court specifies that they shall

3 run consecutively; except in the case of multiple sentences

4 of imprisonment imposed for any offense committed during or

5 at the same time as, or multiple offenses of, the following

6 felonies:

7    (1) Rape in the first degree, forcible rape, or rape;

8    (2) Statutory rape in the first degree;

9    (3) Sodomy in the first degree, forcible sodomy, or

10 sodomy;

11   (4) Statutory sodomy in the first degree; or

12   (5) An attempt to commit any of the felonies listed in

13 this subsection. In such case, the sentence of imprisonment

14 imposed for any felony listed in this subsection or an

15 attempt to commit any of the aforesaid shall run

16 consecutively to the other sentences. The sentences imposed

17 for any other offense may run concurrently.

18   2. If a person who is on probation, parole or

19 conditional release is sentenced to a term of imprisonment

20 for an offense committed after the granting of probation or

21 parole or after the start of his or her conditional release

22 term, the court shall direct the manner in which the

23 sentence or sentences imposed by the court shall run with

24 respect to any resulting probation, parole or conditional

25 release revocation term or terms. If the subsequent

26 sentence to imprisonment is in another jurisdiction, the
    SS#3 SB 888  63

27 court shall specify how any resulting probation, parole or

28 conditional release revocation term or terms shall run with

29 respect to the foreign sentence of imprisonment.

30  3. A court may cause any sentence it imposes to run

31 concurrently with a sentence an individual is serving or is

32 to serve in another state or in a federal correctional

33 center. If the Missouri sentence is served in another state

34 or in a federal correctional center, subsection [4] 7 of

35 section 558.011 and section 217.690 shall apply as if the

36 individual were serving his or her sentence within the

37 department of corrections of the state of Missouri, except

38 that a personal hearing before the parole board shall not be

39 required for parole consideration.

1   558.031. 1. A sentence of imprisonment shall commence

2 when a person convicted of an offense in this state is

3 received into the custody of the department of corrections

4 or other place of confinement where the offender is

5 sentenced.

6   2. [Such] When placing a person on probation for a

7 suspended imposition of sentence, probation for a suspended

8 execution of sentence, or when executing a sentence of

9 imprisonment, the court shall record, as part of each

10 judgment, the number of days the person [shall receive

11 credit toward the service of a sentence of imprisonment for

12 all time] was in prison, jail, or custody, that was related

13 to the offense, after the offense occurred and before [the

14 commencement of the sentence, when the time in custody was

15 related to that offense] being sentenced to imprisonment and

16 the defendant shall be awarded credit toward the service of

17 a sentence of imprisonment for that number of days. [This]

18 The jail time credit calculation shall be based upon the

19 certification of the sheriff as provided in subdivision (3)
    SS#3 SB 888              64

20 of subsection 2 of section 217.305 and may be supplemented

21 by a certificate of a sheriff or other custodial officer

22 from another jurisdiction having held the person on the

23 charge of the offense for which the sentence of imprisonment

24 is ordered and shall be pronounced at the time of the

25 judgment, the execution of a suspended sentence, or the

26 suspension of imposition of sentence, shall be included in

27 the record, and shall include both the dates the person was

28 in custody and the number of days to be credited toward the

29 service of the sentence.

30  3. For purposes of this section, time in custody

31 related to an offense includes time during which the offense

32 was charged in a criminal proceeding, there was an arrest

33 warrant issued in said criminal proceeding, and the arrest

34 warrant was served upon the person, and includes time served

35 on house arrest. The person shall not be entitled to any

36 credit toward the service of a sentence of imprisonment for

37 any time such person was not being held on said arrest

38 warrant because such person posted bond, the arrest warrant

39 was recalled, or the person was otherwise released.

40  4. The court may take judicial notice of all time the

41 person has served in prison, jail, or custody, or on house

42 arrest for a criminal proceeding by comparing dates of

43 service on arrest warrants with evidence contained within

44 the court file of dates of release and the prosecution and

45 defense attorney may enter into a stipulation with regard to

46 credit for the service of a sentence of imprisonment for all

47 time in prison, jail, or custody, or on house arrest except

48 in no event may the court approve a stipulation that is

49 greater than or less than the time in custody related to an

50 offense.
    SS#3 SB 888                65

51  5. Upon motion and notice by defendant or defense

52 counsel, for any such person who was held in a juvenile

53 detention facility for an offense for which such person was

54 subsequently adjudicated to stand trial as an adult, the

55 court may also award credit toward the service of a sentence

56 of imprisonment for any time such person was confined in a

57 juvenile detention facility.

58  6. In the event a criminal proceeding related to an

59 offense is dismissed without prejudice by a court or nolle

60 prossed by the state, upon motion and notice by defendant or

61 defense counsel, the proceeding may be consolidated into the

62 present matter for purposes of calculating credit for the

63 service of a sentence of imprisonment.

64  7. The officer required by law to deliver a person

65 convicted of an offense in this state to the department of

66 corrections shall endorse upon the papers required by

67 section 217.305 both the dates the offender was in custody

68 and the period of time to be credited toward the service of

69 the sentence of imprisonment, [except as endorsed by such

70 officer] included in the judgment or suspended imposition of

71 sentence and such additional days after the pronouncement of

72 sentence and before the delivery of the person to the

73 department of corrections.

74  [4.] 8. If a person convicted of an offense escapes

75 from custody, such escape shall interrupt the sentence. The

76 interruption shall continue until such person is returned to

77 the correctional center where the sentence was being served,

78 or in the case of a person committed to the custody of the

79 department of corrections, to any correctional center

80 operated by the department of corrections. An escape shall

81 also interrupt the jail time credit to be applied to a

82 sentence which had not commenced when the escape occurred.
     SS#3 SB 888        66

83   [5.] 9. If a sentence of imprisonment is vacated and a

84 new sentence imposed upon the offender for that offense, all

85 time served under the vacated sentence shall be credited

86 against the new sentence, unless the time has already been

87 credited to another sentence as provided in subsection 1 of

88 this section.

89   [6.] 10. If a person released from imprisonment on

90 parole or serving a conditional release term violates any of

91 the conditions of his or her parole or release, he or she

92 may be treated as a parole violator. If the parole board

93 revokes the parole or conditional release, the paroled

94 person shall serve the remainder of the prison term and

95 conditional release term, as an additional prison term, and

96 the conditionally released person shall serve the remainder

97 of the conditional release term as a prison term, unless

98 released on parole.

99   [7. Subsection 2 of this section shall be applicable

100 to offenses for which the offender was sentenced on or after

101 August 28, 2023.

102  8. The total amount of credit given shall not exceed

103 the number of days spent in prison, jail, or custody after

104 the offense occurred and before the commencement of the

105 sentence.]

106  11. A person may only challenge credit awarded or not

107 awarded pursuant to this section by the filing of a petition

108 for a writ of habeas corpus.

1    558.046. The sentencing court may, upon petition,

2 reduce any term of sentence or probation pronounced by the

3 court or a term of conditional release or parole pronounced

4 by the parole board if the court determines that:

5    (1) The convicted person was:
    SS#3 SB 888       67

6   (a) Convicted of an offense that did not involve

7 violence or the threat of violence; and

8   (b) Convicted of an offense that involved alcohol or

9 illegal drugs; and

10  (2) Since the commission of such offense, the

11 convicted person has successfully completed a detoxification

12 and rehabilitation program; and

13  (3) The convicted person is not:

14  (a) A prior offender, a persistent offender, a

15 dangerous offender or a persistent misdemeanor offender as

16 defined by section 558.016; or

17  (b) A persistent sexual offender as defined in section

18 566.125[; or

19  (c) A prior offender, a persistent offender or a class

20 X offender as defined in section 558.019].

1   559.115. 1. Neither probation nor parole shall be

2 granted by the circuit court between the time the transcript

3 on appeal from the offender's conviction has been filed in

4 appellate court and the disposition of the appeal by such

5 court.

6   2. Unless otherwise prohibited by subsection [8] 7 of

7 this section, a circuit court only upon its own motion and

8 not that of the state or the offender shall have the power

9 to grant probation to an offender anytime up to one hundred

10 twenty days after such offender has been delivered to the

11 department of corrections but not thereafter. The court may

12 request information and a recommendation from the department

13 concerning the offender and such offender's behavior during

14 the period of incarceration. Except as provided in this

15 section, the court may place the offender on probation in a

16 program created pursuant to section 217.777, or may place
    SS#3 SB 888        68

17 the offender on probation with any other conditions

18 authorized by law.

19  3. The court may recommend placement of an offender in

20 a department of corrections one hundred twenty-day program

21 under this subsection. The department of corrections shall

22 assess each offender to determine the appropriate one

23 hundred twenty-day program in which to place the offender,

24 which may include placement in the structured cognitive

25 behavioral intervention program or institutional treatment

26 program. The placement of an offender in the structured

27 cognitive behavioral intervention program or institutional

28 treatment program shall be at the sole discretion of the

29 department based on the assessment of the offender and

30 available bed space. When the court recommends and receives

31 placement of an offender in a department of corrections one

32 hundred twenty-day program, the offender shall be released

33 on probation if the department of corrections determines

34 that the offender has successfully completed the program

35 except as follows. Upon successful completion of a program

36 under this subsection, the division of probation and parole

37 shall advise the sentencing court of an offender's

38 probationary release date thirty days prior to release. The

39 court shall follow the recommendation of the department

40 unless the court determines that probation is not

41 appropriate. If the court determines that probation is not

42 appropriate, the court may order the execution of the

43 offender's sentence only after conducting a hearing on the

44 matter within ninety to one hundred twenty days from the

45 date the offender was delivered to the department of

46 corrections. If the department determines the offender has

47 not successfully completed a one hundred twenty-day program

48 under this subsection, the division of probation and parole
    SS#3 SB 888          69

49 shall advise the prosecuting attorney and the sentencing

50 court of the defendant's unsuccessful program exit and the

51 defendant shall be removed from the program. The department

52 shall report on the offender's participation in the program

53 and may provide recommendations for terms and conditions of

54 an offender's probation. The court shall then have the

55 power to grant probation or order the execution of the

56 offender's sentence.

57  4. If the court is advised that an offender is not

58 eligible for placement in a one hundred twenty-day program

59 under subsection 3 of this section, the court shall consider

60 other authorized dispositions. If the department of

61 corrections one hundred twenty-day program under subsection

62 3 of this section is full, the court may place the offender

63 in a private program approved by the department of

64 corrections or the court, the expenses of such program to be

65 paid by the offender, or in an available program offered by

66 another organization. If the offender is convicted of a

67 class C, class D, or class E nonviolent felony, the court

68 may order probation while awaiting appointment to treatment.

69  5. Except when the offender has been found to be a

70 predatory sexual offender pursuant to section 566.125, the

71 court shall request the department of corrections to conduct

72 a sexual offender assessment if the defendant has been found

73 guilty of sexual abuse when classified as a class B felony.

74 Upon completion of the assessment, the department shall

75 provide to the court a report on the offender and may

76 provide recommendations for terms and conditions of an

77 offender's probation. The assessment shall not be

78 considered a one hundred twenty-day program as provided

79 under subsection 3 of this section. The process for

80 granting probation to an offender who has completed the
     SS#3 SB 888     70

81 assessment shall be as provided under subsections 2 and 6 of

82 this section.

83   6. Unless the offender is being granted probation

84 pursuant to successful completion of a one hundred twenty-

85 day program the circuit court shall notify the state in

86 writing when the court intends to grant probation to the

87 offender pursuant to the provisions of this section. The

88 state may, in writing, request a hearing within ten days of

89 receipt of the court's notification that the court intends

90 to grant probation. Upon the state's request for a hearing,

91 the court shall grant a hearing as soon as reasonably

92 possible. If the state does not respond to the court's

93 notice in writing within ten days, the court may proceed

94 upon its own motion to grant probation.

95   7. [An offender's first incarceration under this

96 section prior to release on probation shall not be

97 considered a previous prison commitment for the purpose of

98 determining a minimum prison term under the provisions of

99 section 558.019.

100  8.] Notwithstanding any other provision of law,

101 probation may not be granted pursuant to this section to

102 offenders who have been convicted of murder in the second

103 degree pursuant to section 565.021; forcible rape pursuant

104 to section 566.030 as it existed prior to August 28, 2013;

105 rape in the first degree under section 566.030; forcible

106 sodomy pursuant to section 566.060 as it existed prior to

107 August 28, 2013; sodomy in the first degree under section

108 566.060; statutory rape in the first degree pursuant to

109 section 566.032; statutory sodomy in the first degree

110 pursuant to section 566.062; child molestation in the first

111 degree pursuant to section 566.067 when classified as a

112 class A felony; abuse of a child pursuant to section 568.060
    SS#3 SB 888           71

113 when classified as a class A felony; or an offender who has

114 been found to be a predatory sexual offender pursuant to

115 section 566.125; any offense under section 557.045; or any

116 offense in which there exists a statutory prohibition

117 against either probation or parole.

1   566.030. 1. A person commits the offense of rape in

2 the first degree if he or she has sexual intercourse with

3 another person who is incapacitated, incapable of consent,

4 or lacks the capacity to consent, or by the use of forcible

5 compulsion. Forcible compulsion includes the use of a

6 substance administered without a victim's knowledge or

7 consent which renders the victim physically or mentally

8 impaired so as to be incapable of making an informed consent

9 to sexual intercourse.

10  2. The offense of rape in the first degree or an

11 attempt to commit rape in the first degree is a class A

12 felony for which the authorized term of imprisonment is life

13 imprisonment or a term of years not less than [five] ten

14 years, not to exceed thirty years, unless:

15  (1) The offense is an aggravated sexual offense, in

16 which case the authorized term of imprisonment is life

17 imprisonment as defined in section 558.011 or [a term of

18 years not less than fifteen years] life imprisonment without

19 eligibility for probation or parole;

20  (2) The person is a persistent or predatory sexual

21 offender as defined in section 566.125 and subjected to an

22 extended term of imprisonment under said section;

23  (3) The victim is a child less than twelve years of

24 age, in which case the required term of imprisonment is life

25 imprisonment as defined in section 558.011 or life

26 imprisonment without eligibility for probation or parole

27 [until the offender has served not less than thirty years of
    SS#3 SB 888            72

28 such sentence or unless the offender has reached the age of

29 seventy-five years and has served at least fifteen years of

30 such sentence, unless such rape in the first degree is

31 described under subdivision (4) of this subsection]; or

32  (4) The victim is a child less than twelve years of

33 age and such rape in the first degree or attempt to commit

34 rape in the first degree was outrageously or wantonly vile,

35 horrible or inhumane, in that it involved torture or

36 depravity of mind, in which case the required term of

37 imprisonment is life imprisonment without eligibility for

38 probation, parole or conditional release.

39  3. [Subsection 4 of section 558.019 shall not apply to

40 the sentence of a person who has been found guilty of rape

41 in the first degree or attempt to commit rape in the first

42 degree when the victim is less than twelve years of age, and

43 "life imprisonment" shall mean imprisonment for the duration

44 of a person's natural life for the purposes of this section.

45  4.] No person found guilty of rape in the first degree

46 or an attempt to commit rape in the first degree shall be

47 granted a suspended imposition of sentence or suspended

48 execution of sentence.

1   566.032. 1. A person commits the offense of statutory

2 rape in the first degree if he or she has sexual intercourse

3 with another person who is less than fourteen years of age.

4   2. The offense of statutory rape in the first degree

5 or an attempt to commit statutory rape in the first degree

6 is a felony for which the authorized term of imprisonment is

7 life imprisonment or a term of years not less than [five]

8 ten years, unless:

9   (1) The offense is an aggravated sexual offense, or

10 the victim is less than twelve years of age in which case
    SS#3 SB 888           73

11 the authorized term of imprisonment is life imprisonment or

12 a term of years not less than [ten] fifteen years; or

13  (2) The person is a persistent or predatory sexual

14 offender as defined in section 566.125 and subjected to an

15 extended term of imprisonment under said section.

1   566.060. 1. A person commits the offense of sodomy in

2 the first degree if he or she has deviate sexual intercourse

3 with another person who is incapacitated, incapable of

4 consent, or lacks the capacity to consent, or by the use of

5 forcible compulsion. Forcible compulsion includes the use

6 of a substance administered without a victim's knowledge or

7 consent which renders the victim physically or mentally

8 impaired so as to be incapable of making an informed consent

9 to sexual intercourse.

10  2. The offense of sodomy in the first degree or an

11 attempt to commit sodomy in the first degree is a felony for

12 which the authorized term of imprisonment is life

13 imprisonment or a term of years not less than five years,

14 unless:

15  (1) The offense is an aggravated sexual offense, in

16 which case the authorized term of imprisonment is life

17 imprisonment or a term of years not less than ten years;

18  (2) The person is a persistent or predatory sexual

19 offender as defined in section 566.125 and subjected to an

20 extended term of imprisonment under said section;

21  (3) The victim is a child less than twelve years of

22 age, in which case the required term of imprisonment is life

23 imprisonment as defined in section 558.011 or life

24 imprisonment without eligibility for probation or parole

25 [until the offender has served not less than thirty years of

26 such sentence or unless the offender has reached the age of

27 seventy-five years and has served at least fifteen years of
    SS#3 SB 888  74

28 such sentence, unless such sodomy in the first degree is

29 described under subdivision (4) of this subsection]; or

30  (4) The victim is a child less than twelve years of

31 age and such sodomy in the first degree or attempt to commit

32 sodomy in the first degree was outrageously or wantonly

33 vile, horrible or inhumane, in that it involved torture or

34 depravity of mind, in which case the required term of

35 imprisonment is life imprisonment without eligibility for

36 probation, parole or conditional release.

37  3. [Subsection 4 of section 558.019 shall not apply to

38 the sentence of a person who has been found guilty of sodomy

39 in the first degree or an attempt to commit sodomy in the

40 first degree when the victim is less than twelve years of

41 age, and "life imprisonment" shall mean imprisonment for the

42 duration of a person's natural life for the purposes of this

43 section.

44  4.] No person found guilty of sodomy in the first

45 degree or an attempt to commit sodomy in the first degree

46 shall be granted a suspended imposition of sentence or

47 suspended execution of sentence.

1   566.103. 1. A person or entity commits the offense of

2 promoting online sexual solicitation if such person or

3 entity knowingly permits a web-based classified service

4 owned or operated by such person or entity to be used by

5 individuals to post advertisements promoting prostitution,

6 enticing a child to engage in sexual conduct, or promoting

7 sexual trafficking of a child after receiving notice under

8 this section.

9   2. As used in this section, the term "web-based

10 classified service" means a person or entity in whose name a

11 specific URL or internet domain name is registered which has
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12 advertisements for goods and services or personal

13 advertisements.

14  3. An advertisement may be deemed to promote

15 prostitution, entice a child to engage in sexual conduct, or

16 promote sexual trafficking of a child, if the content of

17 such advertisement would be interpreted by a reasonable

18 person as offering to exchange sexual conduct for goods or

19 services in violation of chapter 567, as seeking a child for

20 the purpose of sexual conduct or commercial sex act, or as

21 offering a child as a participant in sexual conduct or

22 commercial sex act in violation of section 566.151,

23 566.210, or 566.211.

24  4. It shall be prima facie evidence that a person or

25 entity acts knowingly if an advertisement is not removed

26 from the web-based classified service within seventy-two

27 hours of that person or entity being notified that an

28 advertisement has been posted on that service which is

29 prohibited under this section.

30  5. Notice under this section may be provided by

31 certified mail or facsimile transmission by the attorney

32 general or any prosecuting attorney or circuit attorney.

33  6. A violation of this section shall be a class E

34 felony, punishable by imprisonment or a fine in the amount

35 of five thousand dollars per day that the advertisement

36 remains posted on the web-based classified service after

37 seventy-two hours of when notice has been provided pursuant

38 to this section, or by both such fine and imprisonment.

39  7. Original jurisdiction for prosecution of a

40 violation of this section shall be with the local

41 prosecuting attorney or circuit attorney.

1   566.125. 1. The court shall sentence a person to an

2 extended term of imprisonment if it finds the defendant is a
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3 persistent sexual offender and has been found guilty of

4 attempting to commit or committing the following offenses:

5         (1) Statutory rape in the first degree or statutory

6 sodomy in the first degree;

7         (2) Rape in the first degree or sodomy in the first

8 degree;

9         (3) Forcible rape;

10        (4) Forcible sodomy;

11        (5) Rape;

12        (6) Sodomy.

13        2. A "persistent sexual offender" is one who has

14 previously been found guilty of attempting to commit or

15 committing any of the offenses listed in subsection 1 of

16 this section or one who has previously been found guilty of

17 an offense in any other jurisdiction which would constitute

18 any of the offenses listed in subsection 1 of this section.

19  3. The term of imprisonment for one found to be a

20 persistent sexual offender shall be imprisonment for life

21 without eligibility for probation or parole. [Subsection 4

22 of section 558.019 shall not apply to any person imprisoned

23 under this subsection, and] "Imprisonment for life" shall

24 mean imprisonment for the duration of the person's natural

25 life.

26  4. The court shall sentence a person to an extended

27 term of imprisonment as provided for in this section if it

28 finds the defendant is a predatory sexual offender and has

29 been found guilty of committing or attempting to commit any

30 of the offenses listed in subsection 1 of this section or

31 committing child molestation in the first or second degree

32 or sexual abuse when classified as a class B felony.

33  5. For purposes of this section, a "predatory sexual

34 offender" is a person who:
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35  (1) Has previously been found guilty of committing or

36 attempting to commit any of the offenses listed in

37 subsection 1 of this section, or committing child

38 molestation in the first or second degree, or sexual abuse

39 when classified as a class B felony; or

40  (2) Has previously committed an act which would

41 constitute an offense listed in subsection 4 of this

42 section, whether or not the act resulted in a conviction; or

43  (3) Has committed an act or acts against more than one

44 victim which would constitute an offense or offenses listed

45 in subsection 4 of this section, whether or not the

46 defendant was charged with an additional offense or offenses

47 as a result of such act or acts.

48  6. A person found to be a predatory sexual offender

49 shall be imprisoned for life with eligibility for parole[,

50 however subsection 4 of section 558.019 shall not apply to

51 persons found to be predatory sexual offenders for the

52 purposes of determining the minimum prison term or the

53 length of sentence as defined or used in such subsection].

54 Notwithstanding any other provision of law, in no event

55 shall a person found to be a predatory sexual offender

56 receive a final discharge from parole.

57  7. Notwithstanding any other provision of law, the

58 court shall set the minimum time required to be served

59 before a predatory sexual offender is eligible for parole,

60 conditional release or other early release by the department

61 of corrections. The minimum time to be served by a person

62 found to be a predatory sexual offender who:

63  (1) Has previously been found guilty of committing or

64 attempting to commit any of the offenses listed in

65 subsection 1 of this section and is found guilty of

66 committing or attempting to commit any of the offenses
    SS#3 SB 888      78

67 listed in subsection 1 of this section shall be any number

68 of years but not less than thirty years;

69  (2) Has previously been found guilty of child

70 molestation in the first or second degree, or sexual abuse

71 when classified as a class B felony and is found guilty of

72 attempting to commit or committing any of the offenses

73 listed in subsection 1 of this section shall be any number

74 of years but not less than fifteen years;

75  (3) Has previously been found guilty of committing or

76 attempting to commit any of the offenses listed in

77 subsection 1 of this section, or committing child

78 molestation in the first or second degree, or sexual abuse

79 when classified as a class B felony shall be any number of

80 years but not less than fifteen years;

81  (4) Has previously been found guilty of child

82 molestation in the first degree or second degree, or sexual

83 abuse when classified as a class B felony, and is found

84 guilty of child molestation in the first or second degree,

85 or sexual abuse when classified as a class B felony shall be

86 any number of years but not less than fifteen years;

87  (5) Is found to be a predatory sexual offender

88 pursuant to subdivision (2) or (3) of subsection 5 of this

89 section shall be any number of years within the range to

90 which the person could have been sentenced pursuant to the

91 applicable law if the person was not found to be a predatory

92 sexual offender.

93  8. Notwithstanding any provision of law to the

94 contrary, the department of corrections, or any division

95 thereof, may not furlough an individual found to be and

96 sentenced as a persistent sexual offender or a predatory

97 sexual offender.
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1   566.203. 1. A person commits the offense of abusing

2 an individual through forced labor by knowingly providing or

3 obtaining the labor or services of a person:

4   (1) By causing or threatening to cause serious

5 physical injury to any person;

6   (2) By physically restraining or threatening to

7 physically restrain another person;

8   (3) By blackmail;

9   (4) By means of any scheme, plan, or pattern of

10 behavior intended to cause such person to believe that, if

11 the person does not perform the labor services, the person

12 or another person will suffer serious physical injury,

13 physical restraint, or financial harm; or

14  (5) By means of the abuse or threatened abuse of the

15 law or the legal process.

16  2. A person who is found guilty of the crime of abuse

17 through forced labor shall not be required to register as a

18 sexual offender pursuant to the provisions of section

19 589.400, unless such person is otherwise required to

20 register pursuant to the provisions of such section.

21  3. The offense of abuse through forced labor is a

22 felony punishable by imprisonment for a term of years not

23 less than five years and not more than twenty years and a

24 fine not to exceed two hundred fifty thousand dollars.

25  4. If death results from a violation of this section,

26 or if the violation includes kidnapping or an attempt to

27 kidnap, sexual abuse when punishable as a class B felony, or

28 an attempt to commit sexual abuse when punishable as a class

29 B felony, or an attempt to kill, it shall be punishable for

30 a term of years not less than [five] ten years or life and a

31 fine not to exceed two hundred fifty thousand dollars.
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1   566.209. 1. A person commits the [crime] offense of

2 trafficking for the purposes of sexual exploitation if a

3 person knowingly recruits, entices, harbors, transports,

4 provides, advertises the availability of or obtains by any

5 means, including but not limited to through the use of

6 force, intoxicating or inhibiting substances, abduction,

7 coercion, fraud, deception, blackmail, or causing or

8 threatening to cause financial harm, another person for the

9 use or employment of such person in a commercial sex act,

10 sexual conduct, a sexual performance, or the production of

11 explicit sexual material as defined in section 573.010,

12 without his or her consent, or benefits, financially or by

13 receiving anything of value, from participation in such

14 activities.

15  2. The [crime] offense of trafficking for the purposes

16 of sexual exploitation is a felony punishable by

17 imprisonment for a term of years not less than five years

18 and not more than twenty years and a fine not to exceed two

19 hundred fifty thousand dollars. If a violation of this

20 section was effected by force, abduction, or coercion, the

21 crime of trafficking for the purposes of sexual exploitation

22 is a felony punishable by imprisonment for a term of years

23 not less than ten years or life and a fine not to exceed two

24 hundred fifty thousand dollars.

1   566.210. 1. A person commits the offense of sexual

2 trafficking of a child in the first degree if he or she

3 knowingly:

4   (1) Recruits, entices, harbors, transports, provides,

5 or obtains by any means, including but not limited to

6 through the use of force, abduction, coercion, fraud,

7 deception, blackmail, or causing or threatening to cause
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8 financial harm, a person under the age of fourteen to

9 participate in a commercial sex act, a sexual performance,

10 or the production of explicit sexual material as defined in

11 section 573.010, or benefits, financially or by receiving

12 anything of value, from participation in such activities;

13  (2) Causes a person under the age of fourteen to

14 engage in a commercial sex act, a sexual performance, or the

15 production of explicit sexual material as defined in section

16 573.010; or

17  (3) Advertises the availability of a person under the

18 age of fourteen to participate in a commercial sex act, a

19 sexual performance, or the production of explicit sexual

20 material as defined in section 573.010.

21  2. It shall not be a defense that the defendant

22 believed that the person was fourteen years of age or older.

23  3. The offense of sexual trafficking of a child in the

24 first degree is a felony for which the authorized term of

25 imprisonment is life imprisonment without eligibility for

26 probation or parole until the offender has served not less

27 than thirty years of such sentence. [Subsection 4 of

28 section 558.019 shall not apply to the sentence of a person

29 who has been found guilty of sexual trafficking of a child

30 less than fourteen years of age, and "life imprisonment"

31 shall mean imprisonment for the duration of a person's

32 natural life for the purposes of this section.]

1   566.211. 1. A person commits the offense of sexual

2 trafficking of a child in the second degree if he or she

3 knowingly:

4   (1) Recruits, entices, harbors, transports, provides,

5 or obtains by any means, including but not limited to

6 through the use of force, abduction, coercion, fraud,
    SS#3 SB 888            82

7 deception, blackmail, or causing or threatening to cause

8 financial harm, a person under the age of eighteen to

9 participate in a commercial sex act, a sexual performance,

10 or the production of explicit sexual material as defined in

11 section 573.010, or benefits, financially or by receiving

12 anything of value, from participation in such activities;

13  (2) Causes a person under the age of eighteen to

14 engage in a commercial sex act, a sexual performance, or the

15 production of explicit sexual material as defined in section

16 573.010; or

17  (3) Advertises the availability of a person under the

18 age of eighteen to participate in a commercial sex act, a

19 sexual performance, or the production of explicit sexual

20 material as defined in section 573.010.

21  2. It shall not be a defense that the defendant

22 believed that the person was eighteen years of age or older.

23  3. The offense of sexual trafficking of a child in the

24 second degree is a felony punishable by imprisonment for a

25 term of years not less than twenty years or life and a fine

26 not to exceed two hundred fifty thousand dollars if the

27 child is under the age of eighteen. If a violation of this

28 section was effected by force, abduction, or coercion, the

29 [crime] offense of sexual trafficking of a child shall be a

30 felony for which the authorized term of imprisonment is life

31 imprisonment without eligibility for probation or parole

32 until the defendant has served [not less than twenty-five

33 years] eighty-five percent of such sentence as provided

34 under section 558.011.

1   568.045. 1. A person commits the offense of

2 endangering the welfare of a child in the first degree if he

3 or she:
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4      (1) Knowingly acts in a manner that creates a

5 substantial risk to the life, body, or health of a child

6 less than [seventeen] eighteen years of age;

7      (2) Knowingly engages in sexual conduct with a person

8 under the age of eighteen years over whom the person is a

9 parent, guardian, or otherwise charged with the care and

10 custody;

11     (3) Knowingly encourages, aids or causes a child less

12 than [seventeen] eighteen years of age to engage in any

13 conduct which violates the provisions of chapter 571 or 579;

14 or

15     (4) In the presence of a child less than [seventeen]

16 eighteen years of age or in a residence where a child less

17 than [seventeen] eighteen years of age resides, unlawfully

18 manufactures or attempts to manufacture compounds,

19 possesses, produces, prepares, sells, transports, tests or

20 analyzes any of the following: fentanyl, carfentanil,

21 amphetamine, or methamphetamine, or any analogue thereof.

22     2. The offense of endangering the welfare of a child

23 in the first degree is a class D felony unless the offense:

24     (1) Is committed as part of an act or series of acts

25 performed by two or more persons as part of an established

26 or prescribed pattern of activity, or where physical injury

27 to the child results, or the offense is a second or

28 subsequent offense under this section, in which case the

29 offense is a class C felony;

30     (2) Involves fentanyl or carfentanil, or any analogue

31 thereof, in which case:

32     (a) The offense is a class B felony; and
    SS#3 SB 888          84

33  (b) A person sentenced under this subdivision shall

34 not be eligible for conditional release or parole until he

35 or she has served at least five years of imprisonment;

36  (3) Results in serious physical injury to the child,

37 in which case the offense is a class B felony; or

38  (4) Results in the death of a child, in which case the

39 offense is a class A felony.

1   568.060. 1. As used in this section, the following

2 terms shall mean:

3   (1) "Abuse", the infliction of physical, sexual, or

4 mental injury against a child by any person eighteen years

5 of age or older. For purposes of this section, abuse shall

6 not include injury inflicted on a child by accidental means

7 by a person with care, custody, or control of the child, or

8 discipline of a child by a person with care, custody, or

9 control of the child, including spanking, in a reasonable

10 manner;

11  (2) "Abusive head trauma", a serious physical injury

12 to the head or brain caused by any means, including but not

13 limited to shaking, jerking, pushing, pulling, slamming,

14 hitting, or kicking;

15  (3) "Mental injury", an injury to the intellectual or

16 psychological capacity or the emotional condition of a child

17 as evidenced by an observable and substantial impairment of

18 the ability of the child to function within his or her

19 normal range of performance or behavior;

20  (4) "Neglect", the failure to provide, by those

21 responsible for the care, custody, and control of a child

22 under the age of eighteen years, the care reasonable and

23 necessary to maintain the physical and mental health of the
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24 child, when such failure presents a substantial probability

25 that death or physical injury or sexual injury would result;

26  (5) "Physical injury", physical pain, illness, or any

27 impairment of physical condition, including but not limited

28 to bruising, lacerations, hematomas, welts, or permanent or

29 temporary disfigurement and impairment of any bodily

30 function or organ;

31  (6) "Serious emotional injury", an injury that creates

32 a substantial risk of temporary or permanent medical or

33 psychological damage, manifested by impairment of a

34 behavioral, cognitive, or physical condition. Serious

35 emotional injury shall be established by testimony of

36 qualified experts upon the reasonable expectation of

37 probable harm to a reasonable degree of medical or

38 psychological certainty;

39  (7) "Serious physical injury", a physical injury that

40 creates a substantial risk of death or that causes serious

41 disfigurement or protracted loss or impairment of the

42 function of any part of the body.

43  2. A person commits the offense of abuse or neglect of

44 a child if such person knowingly causes a child who is less

45 than eighteen years of age:

46  (1) To suffer physical or mental injury as a result of

47 abuse or neglect; or

48  (2) To be placed in a situation in which the child may

49 suffer physical or mental injury as the result of abuse or

50 neglect.

51  3. A person commits the offense of abuse or neglect of

52 a child if such person recklessly causes a child who is less

53 than eighteen years of age to suffer from abusive head

54 trauma.
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55       4. A person does not commit the offense of abuse or

56 neglect of a child by virtue of the sole fact that the

57 person delivers or allows the delivery of a child to a

58 provider of emergency services.

59       5. (1) A person does not commit the offense of abuse

60 or neglect of a child by virtue of the sole fact that the

61 person allows the child to engage in independent activities

62 without adult supervision and the person is a parent to the

63 child or is responsible for the child's care, provided that

64 the:

65       (a) Independent activities are appropriate based on

66 the child's age, maturity, and physical and mental

67 abilities; and

68       (b) Lack of adult supervision does not constitute

69 conduct that is so grossly negligent as to endanger the

70 health or safety of the child.

71       (2) As used in this subsection, "independent

72 activities" shall include traveling to or from school or

73 nearby locations by bicycle or on foot, playing outdoors, or

74 remaining at home for a reasonable period of time without

75 adult supervision.

76       6. The offense of abuse or neglect of a child is:

77       (1) A class D felony[, without eligibility for

78 probation, parole, or conditional release until the

79 defendant has served no less than one year of such

80 sentence], unless the person has previously been found

81 guilty of a violation of this section or of a violation of

82 the law of any other jurisdiction that prohibits the same or

83 similar conduct or the injury inflicted on the child is a

84 serious emotional injury or a serious physical injury, in

85 which case abuse or neglect of a child is a class B felony,
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86 without eligibility for probation or parole until the

87 defendant has served not less than five years of such

88 sentence; or

89   (2) A class A felony if the child dies as a result of

90 injuries sustained from conduct chargeable under the

91 provisions of this section.

92   7. Notwithstanding subsection 6 of this section to the

93 contrary, the offense of abuse or neglect of a child is a

94 class A felony, without eligibility for probation, parole,

95 or conditional release until the defendant has served not

96 less than fifteen years of such sentence, if:

97   (1) The injury is a serious emotional injury or a

98 serious physical injury;

99   (2) The child is less than fourteen years of age; and

100  (3) The injury is the result of sexual abuse or sexual

101 abuse in the first degree as defined under section 566.100

102 or sexual exploitation of a minor as defined under section

103 573.023.

104  8. The circuit or prosecuting attorney may refer a

105 person who is suspected of abuse or neglect of a child to an

106 appropriate public or private agency for treatment or

107 counseling so long as the agency has consented to taking

108 such referrals. Nothing in this subsection shall limit the

109 discretion of the circuit or prosecuting attorney to

110 prosecute a person who has been referred for treatment or

111 counseling pursuant to this subsection.

112  9. Nothing in this section shall be construed to alter

113 the requirement that every element of any crime referred to

114 herein must be proven beyond a reasonable doubt.
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115  10. Discipline, including spanking administered in a

116 reasonable manner, shall not be construed to be abuse under

117 this section.

1    589.425. 1. A person commits the crime of failing to

2 register as a sex offender when the person is required to

3 register under sections 589.400 to 589.425 and fails to

4 comply with any requirement of sections 589.400 to 589.425.

5 Failing to register as a sex offender is a class E felony

6 unless the person is required to register based on having

7 committed an offense in chapter 566 which was an

8 unclassified felony, a class A or B felony, or a felony

9 involving a child under the age of fourteen, in which case

10 it is a class D felony.

11   2. A person commits the crime of failing to register

12 as a sex offender as a second offense by failing to comply

13 with any requirement of sections 589.400 to 589.425 and he

14 or she has previously pled guilty to or has previously been

15 found guilty of failing to register as a sex offender.

16 Failing to register as a sex offender as a second offense is

17 a class E felony unless the person is required to register

18 based on having committed an offense in chapter 566, or an

19 offense in any other state or foreign country, or under

20 federal, tribal, or military jurisdiction, which if

21 committed in this state would be an offense under chapter

22 566 which was an unclassified felony, a class A or B felony,

23 or a felony involving a child under the age of fourteen, in

24 which case it is a class D felony.

25   3. (1) A person commits the crime of failing to

26 register as a sex offender as a third offense by failing to

27 meet the requirements of sections 589.400 to 589.425 and he

28 or she has, on two or more occasions, previously pled guilty
    SS#3 SB 888  89

29 to or has previously been found guilty of failing to

30 register as a sex offender. Failing to register as a sex

31 offender as a third offense is a class A felony, which shall

32 be punished by a term of imprisonment of not less than ten

33 years and not more than thirty years.

34  (2) No court may suspend the imposition or execution

35 of sentence of a person who pleads guilty to or is found

36 guilty of failing to register as a sex offender as a third

37 offense. No court may sentence such person to pay a fine in

38 lieu of a term of imprisonment.

39  (3) [A person sentenced under this subsection shall

40 not be eligible for conditional release or parole until he

41 or she has served at least two years of imprisonment.

42  (4)] Upon release, an offender who has committed

43 failing to register as a sex offender as a third offense

44 shall be electronically monitored as a mandatory condition

45 of supervision. Electronic monitoring may be based on a

46 global positioning system or any other technology which

47 identifies and records the offender's location at all times.

1   Section 1. In the event that any section, provision,

2 clause, phrase, or word of this act or the application

3 thereof is declared invalid under the Constitution of the

4 United States or the Constitution of the State of Missouri,

5 it is the intent of the general assembly that the remaining

6 sections of this act remain in force and effect as far as

7 they are capable of being carried into execution as intended

8 by the general assembly. The general assembly hereby

9 declares that it would have passed each section, provision,

10 clause, phrase, or word thereof, irrespective of the fact

11 that any one or more sections, provisions, clauses, phrases,
   SS#3 SB 888  90

12 or words of this act or the application of this act would be

13 declared unenforceable, unconstitutional, or invalid.

1  Section B. The repeal and reenactment of sections

2 558.011, 558.019, and 558.031 of this act shall become

3 effective on January 1, 2028.

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