CCS SS SCS HB 974 -- SEX OFFENDERS

The bill requires persons convicted of class A or class B felony
sex offenses who are found to be sexual predators to receive a
sentence of life imprisonment with eligibility for parole. A
sexual predator is an offender who is found by a judge beyond a
reasonable doubt to:  have previously been found guilty of a
class A felony or class B felony sex offense; have previously
committed an act that would constitute a class A felony or class
B felony sex offense; or have committed a class A or class B
felony sex offense against more than one victim.

The minimum term of imprisonment before a sexual predator can
request parole is determined by the judge. For sexual predators
with prior convictions, the judge may give a minimum term of
imprisonment of any number of years, except the judge cannot
give less than either 15 or 30 years depending upon the offense
and the prior offense. For other sexual predators, the judge is
required to assess a minimum term of imprisonment in the normal
sentencing range of the offense for which the offender has been
convicted. All sexual predators are under the jurisdiction of
the Department of Corrections for life.

The bill also prohibits 120 day call-back for persons convicted
of forcible rape, forcible sodomy, first degree statutory rape,
first degree statutory sodomy, and child molestation when
classified as a class B felony. One hundred and twenty day call--
back allows the judge to place an offender on probation within
120 days after the offender has been placed in the custody of
the Department of Corrections.

HB 974 -- SEX OFFENDERS (Crump)

The bill contains several provisions concerning persons found
guilty of certain sex offenses.

The bill requires persons convicted of A or B felony sex
offenses who are found to be sexual predators to receive a
sentence of life imprisonment with eligibility for parole. The
minimum eligibility date for parole is determined by the Board
of Probation and Parole based on a term determined by the judge.
The judge is required to give a term within the normal
sentencing range. As a sexual predator the offender will be
under the jurisdiction of the Department of Corrections for life.

To be classified as a sexual predator an offender must be found
by a judge beyond a reasonable doubt to:  (1) have previously
been found guilty of a class A felony or class B felony sex
offense; (2) have previously committed an act or acts that would
constitute a class A felony or class B felony sex offense; (3)
or have a propensity to commit a class A or class B felony sex
offense. In the latter case, the judge is only allowed to find
the offender a sexual predator if the evaluation done by the
Department of Mental Health has found that the offender suffers
from a congenital or acquired condition affecting the person's
capacity that predisposes the person to commit certain sex
offenses.

In addition, the bill:

(1) Prohibits granting probation to persons convicted of
forcible rape, forcible sodomy, or an attempt to commit forcible
rape or forcible sodomy;

(2) Requires offenders who are guilty of first degree statutory
rape and first degree statutory sodomy to participate in the
Missouri Sexual Offender Program; and

(3) Prohibits the judge from placing an offender on probation at
any time up to 120 days after the offender has been placed with
the Department of Corrections, as allowed by current law, if the
offender has been found guilty of forcible rape, forcible
sodomy, or an attempt to commit forcible rape or forcible
sodomy. The bill also requires the judge to request an
assessment from the Department of Corrections when the judge
grants probation to certain other sexual offenders.

The bill prohibits 120 day call-back for persons convicted of
first degree child molestation, second degree child molestation
when classified as a class D felony, and predatory sexual
offenders; and requires persons convicted of first degree child
molestation and second degree child molestation to participate
in the Missouri Sexual Offender Treatment Program.

The bill makes it a class C felony for a 19 or 20 year old to
have sexual intercourse with a person who is 14, 15 or 16 years
old.

FISCAL NOTE:  Estimated Net Cost to General Revenue Fund of
$785,950 in FY 97, $2,209,034 in FY 98, and $2,849,184 in FY 99.

HB 974, HCA 1 -- SEX OFFENDERS

SPONSOR:  Gaw (Crump 152))

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Correctional and State Institutions by a vote of 7 to 0.

The bill contains several provisions concerning persons found
guilty of certain sex offenses.

The bill requires persons convicted of A or B felony sex
offenses who are found to be sexual predators to receive a
sentence of life imprisonment with eligibility for parole. The
minimum eligibility date for parole is determined by the Board
of Probation and Parole based on a term determined by the judge.
The judge is required to give a term within the normal
sentencing range. As a sexual predator the offender will be
under the jurisdiction of the Department of Corrections for life.

To be classified as a sexual predator an offender must be found
by a judge beyond a reasonable doubt to:  have previously been
found guilty of a class A felony or class B felony sex offense;
have previously committed an act or acts that would constitute a
class A felony or class B felony sex offense; or have a
propensity to commit a class A or class B felony sex offense. In
this case, the judge is only allowed to find the offender a
sexual predator if the evaluation done by the Department of
Mental Health has found that the offender suffers from a
congenital or acquired condition affecting the person's capacity
that predisposes the person to commit certain sex offenses.

In addition, the bill:

(1) Prohibits granting probation to persons convicted of
forcible rape, forcible sodomy, or an attempt to commit forcible
rape or forcible sodomy;

(2) Requires offenders who are guilty of first degree statutory
rape and first degree statutory sodomy to participate in the
Missouri Sexual Offender Program; and

(3) Prohibits the judge from placing an offender on probation at
any time up to 120 days after the offender has been placed with
the Department of Corrections, as allowed by current law, if the
offender has been found guilty of forcible rape, forcible
sodomy, or an attempt to commit forcible rape or forcible
sodomy. The bill also requires the judge to request an
assessment from the Department of Corrections when the judge
grants probation to certain other sexual offenders.

HCA 1 -- Prohibits 120 day call-back for persons convicted of
first degree child molestation, second degree child molestation
when classified as a class D felony, and predatory sexual
offenders; and requires persons convicted of first degree child
molestation and second degree child molestation to participate
in the Missouri Sexual Offender Treatment Program.

FISCAL NOTE:  Estimated Net Cost to General Revenue Fund of
$747,717 in FY 97, $2,081,085 in FY 98, and $2,675,164 in FY 99.

PROPONENTS:  Supporters say that this bill gives the departments
of Corrections and Mental Health an opportunity to find out
which offenders can be rehabilitated and which cannot.  The bill
gives the criminal justice system and the departments a chance
to target high risk offenders.  This bill will be a cost savings
to the state by putting these sexual predators under the
Department of Corrections for life, thus decreasing and possibly
eliminating the chance of these individuals from committing
further crimes.

Testifying for the bill were Representatives Crump and Gaw;
Department of Corrections; Department of Mental Health; and
Office of the Attorney General.

OPPONENTS:  There was no opposition voiced to the committee.

Bob Dominique, Research Analyst

HB 974 -- Sex Offenders

Sponsor:  Gaw

The bill contains several provisions concerning persons found
guilty of certain sex offenses.

The bill requires persons convicted of A or B felony sex
offenses who are found to be sexual predators to receive a
sentence of life imprisonment with eligibility for parole. The
minimum eligibility date for parole is determined by the Board
of Probation and Parole based on a term determined by the judge.
The judge is required to give a term within the normal
sentencing range. As a sexual predator the offender will be
under the jurisdiction of the Department of Corrections for life.

To be classified as a sexual predator an offender must be found
by a judge beyond a reasonable doubt to:  have previously been
found guilty of a class A felony or class B felony sex offense;
have previously committed an act or acts that would constitute a
class A felony or class B felony sex offense; or have a
propensity to commit a class A or class B felony sex offense. In
this case, the judge is only allowed to find the offender a
sexual predator if the evaluation done by the Department of
Mental Health has found that the offender suffers from a
congenital or acquired condition affecting the person's capacity
that predisposes the person to commit certain sex offenses.

In addition, the bill:

(1) Prohibits granting probation to persons convicted of
forcible rape, forcible sodomy, or an attempt to commit forcible
rape or forcible sodomy;

(2) Requires offenders who are guilty of 1st degree statutory
rape and 1st degree statutory sodomy to participate in the
Missouri Sexual Offender Program; and

(3) Prohibits the judge from placing an offender on probation at
any time up to 120 days after the offender has been placed with
the Department of Corrections, as allowed by current law, if the
offender has been found guilty of forcible rape, forcible
sodomy, or an attempt to commit forcible rape or forcible
sodomy. The bill also requires the judge to request an
assessment from the Department of Corrections when the judge
grants probation to certain other sexual offenders.