HB 936 -- Criminal Justice System

Sponsor:  Wildberger

This bill changes the laws regarding the criminal justice system.
In its main provisions, the bill:

(1)  Establishes Christy's Law which specifies that the
Department of Health and Senior Services must require appropriate
medical providers performing forensic examinations or giving
medical treatment to victims of sexual offenses to inform the
victim of his or her right to request a drug test for the
presence of specific drugs used to facilitate a rape or sexual
assault, provide the victim with a release form to sign stating
the victim has been informed of the right to receive a drug test,
and to administer the test if requested;

(2)  Removes the statute of limitations for any sexual offense
for which DNA evidence of the perpetrator has been collected from
the victim or the crime scene;

(3)  Specifies that forcible compulsion with regard to the crimes
of forcible rape and forcible sodomy will include the
administration of alcohol without the victim's knowledge or
consent which renders the victim incapable of making an informed
consent to sexual intercourse or deviate sexual intercourse, the
use of fraud or deceit which tricks the victim into consenting to
sexual intercourse or deviate sexual intercourse, the use of
blackmail to force the victim to consent to sexual intercourse or
deviate sexual intercourse, or the use of a position of authority
over a child younger than 18 years of age to force the victim to
consent to sexual intercourse or deviate sexual intercourse;

(4)  Specifies that a person will be guilty of statutory rape in
the second degree and statutory sodomy in the second degree if he
or she has sexual intercourse or deviate sexual intercourse with
a person younger than 17 years of age and the offender is at
least three years older than the victim;

(5)  Specifies that a person convicted of forcible rape or
forcible sodomy will not be eligible for probation, parole, or
conditional release if the victim is a child younger than 12
years of age;

(6)  Expands the crime of unlawful possession of a firearm to
include a person subject to certain court orders or who has been
found guilty of or pled guilty to a misdemeanor crime of domestic
assault;

(7)  Requires institutions of higher education to develop sexual
assault policies, a rape education office, and provide the public
with an official statement which strictly protects an individual
from retaliation for reporting a sexual assault and clearly
specifies the disciplinary procedures for a retaliatory act and
informs the victim of the actions available to him or her;

(8)  Requires law enforcement officers investigating a sexual
offense to request the victim to undergo a forensic examination;
inform the victim that there will be no cost for the exam; assist
the victim in locating an appropriate medical provider to
administer the exam and transport him or her, if necessary, to
the provider; inform the victim of his or her right to request a
drug test; and collect and preserve any DNA evidence which might
identify or exclude a person as the perpetrator of the sexual
offense;

(9)  Expands specific crime victims' rights to victims of
sexually violent offenses and requires any victim to have the
right to the services of a court advocate; and

(10)  Requires any DNA collected under the provisions of the bill
to be submitted for inclusion in the federal Combined DNA Index
System (CODIS).

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:25 am