FIRST REGULAR SESSION

HOUSE BILL NO. 883

89TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVE CLAYTON.

Read 1st time March 25, 1997 and 1000 copies ordered printed.

ANNE C. WALKER, Chief Clerk

L1864.01I

AN ACT

To repeal sections 566.617 and 566.625, RSMo 1994, and sections 566.600, 566.603, 566.605, 566.607, 566.610, 566.614 and 566.620, RSMo Supp. 1996, relating to registration of certain offenders, and to enact in lieu thereof nine new sections relating to the same subject, with penalty provisions.

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

Section A. Sections 566.617 and 566.625, RSMo 1994, and sections 566.600, 566.603, 566.605, 566.607, 566.610, 566.614 and 566.620, RSMo Supp. 1996, are repealed and nine new sections enacted in lieu thereof, to be known as sections 589.400, 589.403, 589.405, 589.407, 589.410, 589.414, 589.417, 589.420 and 589.425, to read as follows:

589.400. 1. Sections 589.400 to 589.425 shall apply to:

(1) Any person who since July 1, 1979, has been or is hereafter convicted of, been found guilty of, or pled guilty to committing, or attempting to commit, a felony offense of chapter 566, RSMo; or

(2) Any person who since July 1, 1979, has been or is hereafter convicted of, been found guilty of, or pled guilty to committing, or attempting to commit one or more of the following offenses: kidnapping, promoting prostitution in the first degree; promoting prostitution in the second degree; promoting prostitution in the third degree; incest; abuse of a child; used a child in a sexual performance; or promoting sexual performance by a child, and committed or attempted to commit the offense against a victim who is a minor, defined for the purposes of sections 589.400 to 589.425 as a person under seventeen years of age; or

(3) Any person who, since July 1, 1979, has been committed to the department of mental health as a criminal sexual psychopath; or

(4) Any person who is a resident of this state who has, since July 1, 1979, or is hereafter convicted of, been found guilty of, or pled guilty or nolo contendere in any other state or under federal jurisdiction to committing, or attempting to commit, an offense which, if committed in this state, would be a felony violation of chapter 566, RSMo, or a felony violation of any offense listed in subdivision (2) of this subsection.

2. Any person to whom sections 589.400 to 589.425 applies shall, within fourteen days of coming into any county, register with the chief law enforcement official of the county in which such person resides. The chief law enforcement official shall forward a copy of the registration form required by section 589.407 to a city, town or village law enforcement agency located within the county of the chief law enforcement official, if so requested. Such request may ask the chief law enforcement official to forward copies of all registration forms filed with such official. The chief law enforcement official may forward a copy of such registration form to any city, town or village law enforcement agency, if so requested.

589.403. Any person to whom subsection 1 of section 589.400 applies who is paroled, discharged, or otherwise released from any correctional facility of the department of corrections or any mental health institution where such person was confined, shall be informed by the official in charge of such correctional facility or mental health institution of the person's possible duty to register pursuant to sections 589.400 to 589.425. If such person is required to register pursuant to sections 589.400 to 589.425, the official in charge of the correctional facility or the mental health institution shall obtain the address where the person expects to reside upon discharge, parole or release, and shall report such address to the chief law enforcement official of the county where the person expects to reside upon discharge, parole or release.

589.405. Any person to whom subsection 1 of section 589.400 applies who is released on probation, discharged upon payment of a fine, or released after confinement in a county jail shall, prior to such release or discharge, be informed of the possible duty to register pursuant to sections 589.400 to 589.425 by the court having jurisdiction over the case. If such person is required to register pursuant to sections 589.400 to 589.425, the court shall obtain the address where the person expects to reside upon discharge, parole or release and shall report such address to the chief law enforcement official of the county where the person expects to reside upon discharge, parole or release.

589.407. Any registration pursuant to sections 589.400 to 589.425 shall consist of completion of an offender registration form developed by the Missouri state highway patrol. Such form shall include, but is not limited to the following:

(1) A statement in writing signed by the person, giving the name, address, social security number and phone number of the person, the place of employment of such person, the crime which requires registration, the date and place of such crime, the date and place of the conviction or plea regarding such crime, the age and gender of the victim at the time of the offense and whether the person successfully completed the Missouri sexual offender program pursuant to section 589.040, if applicable; and

(2) The fingerprints and a photograph of the person.

589.410. 1. The chief law enforcement official shall forward the completed offender registration form to the central repository within ten days. The patrol shall enter the information into the Missouri uniform law enforcement system (MULES) where it is available to members of the criminal justice system upon inquiry.

2. Notwithstanding any provision of law to the contrary, the chief law enforcement official, in accordance with rules promulgated by the department of public safety, shall release the information contained in the registration statement, as provided in subdivision (1) of section 589.407, made by an offender found to be a predatory sexual offender.

589.414. If any person required by sections 589.400 to 589.425 to register changes of residence or address, the person shall inform in writing within fourteen days, the chief law enforcement official with whom the person last registered of the new address and the chief law enforcement official of the county having jurisdiction over the new residence or address.

589.417. 1. The statements, photographs and fingerprints required by sections 589.400 to 589.425 shall not be subject to the provisions of chapter 610, RSMo, and are not public records as defined in section 610.010, RSMo, and shall be available only to courts, prosecutors and law enforcement agencies.

2. The statements, photographs and fingerprints required by sections 589.400 to 589.425 shall not be subject to the provisions of chapter 610, RSMo, and are not public records as defined in section 610.010, RSMo, and shall not be open to inspection by the public or any person, other than a regularly employed peace officer or law enforcement officer.

589.420. In any case where any person who would be required by sections 589.400 to 589.425 to register is temporarily sent outside a correctional facility or a mental health institution where the person is confined, on any assignment of whatever nature, the chief law enforcement official of the county having jurisdiction over the place where the assignment occurs shall be notified by the official in charge of the correctional facility or mental health institution within a reasonable time prior to removal from the correctional facility or mental health institution. This section shall not apply to any person temporarily released under guard from the correctional facility or mental health institution in which such person is confined.

589.425. Any person who is required to register pursuant to sections 589.400 to 589.425 but fails to do so is guilty of a class A misdemeanor.

[566.600. 1. Sections 566.600 to 566.625 shall apply to:

(1) Any person who since July 1, 1979, has been or is hereafter convicted of, been found guilty of, or pled guilty to committing, or attempting to commit, a felony offense of chapter 566; or

(2) Any person who, since July 1, 1979, has been committed to the department of mental health as a criminal sexual psychopath; or

(3) Any person who is a resident of this state who has, since July 1, 1979, or is hereafter convicted of, been found guilty of, or pled guilty or nolo contendere in any other state or under federal jurisdiction to committing, or attempting to commit, an offense which, if committed in this state, would be a felony violation of chapter 566.

2. Any person to whom sections 566.600 to 566.625 applies shall, within fourteen days of coming into any county, register with the chief law enforcement official of the county in which such person resides. The chief law enforcement official shall forward a copy of the registration form required by section 566.607 to a city, town or village law enforcement agency located within the county of the chief law enforcement official, if so requested. Such request may ask the chief law enforcement official to forward copies of all registration forms filed with such official. The chief law enforcement official may forward a copy of such registration form to any city, town or village law enforcement agency, if so requested.]

[566.603. Any person to whom subsection 1 of section 566.600 applies who is paroled, discharged, or otherwise released from any correctional facility of the department of corrections or any mental health institution where such person was confined, shall be informed by the official in charge of such correctional facility or mental health institution of the person's possible duty to register under sections 566.600 to 566.625. If such person is required to register under sections 566.600 to 566.625, the official in charge of the correctional facility or the mental health institution shall obtain the address where the person expects to reside upon discharge, parole, or release, and shall report such address to the chief law enforcement official of the county where the person expects to reside upon discharge, parole or release.]

[566.605. Any person to whom subsection 1 of section 566.600 applies who is released on probation, discharged upon payment of a fine, or released after confinement in a county jail shall, prior to such release or discharge, be informed of the possible duty to register pursuant to sections 566.600 to 566.625 by the court having jurisdiction over the case. If such person is required to register under sections 566.600 to 566.625, the court shall obtain the address where the person expects to reside upon discharge, parole, or release and shall report such address to the chief law enforcement official of the county where the person expects to reside upon discharge, parole or release.]

[566.607. Any registration pursuant to sections 566.600 to 566.625 shall consist of completion of an offender registration form developed by the Missouri state highway patrol. Such form shall include, but is not limited to the following:

(1) A statement in writing signed by the person, giving the name, address, social security number, phone number of the person, the place of employment of such person, the crime which requires registration, the date and place of such crime, the date and place of the conviction or plea regarding such crime, the age and gender of the victim at the time of the offense and whether the person successfully completed the Missouri sexual offender program pursuant to section 589.040, RSMo, if applicable; and

(2) The fingerprints and a photograph of the person.]

[566.610. 1. The chief law enforcement official shall forward the completed sex offender registration form to the central repository within ten days. The patrol shall enter the information into the Missouri uniform law enforcement system (MULES) where it is available to members of the criminal justice system upon inquiry.

2. Notwithstanding any provision of law to the contrary, the chief law enforcement official, in accordance with rules promulgated by the department of public safety, shall release the information contained in the registration statement made by an offender found to be a predatory sexual offender as provided in subdivision (1) of section 566.607.]

[566.614. If any person required by sections 566.600 to 566.625 to register changes residence or address, the person shall inform in writing within fourteen days, the chief law enforcement official with whom the person last registered of the new address and the chief law enforcement official of the county having jurisdiction over the new residence or address.]

[566.617. 1. The statements, photographs, and fingerprints required by sections 566.600 to 566.625 shall not be subject to the provisions of chapter 610, RSMo, and are not public records as defined in section 610.010, RSMo, and shall be available only to courts, prosecutors and law enforcement agencies.

2. The statements, photographs, and fingerprints required by sections 566.600 to 566.625 shall not be subject to the provisions of chapter 610, RSMo, and are not public records as defined in section 610.010, RSMo, and shall not be open to inspection by the public or any person, other than a regularly employed peace officer or law enforcement officer.]

[566.620. In any case where any person who would be required by sections 566.600 to 566.625 to register is temporarily sent outside a correctional facility or a mental health institution where he is confined, on any assignment of whatever nature, the chief law enforcement official of the county having jurisdiction over the place where the assignment shall occur shall be notified by the official in charge of the correctional facility or mental health institution within a reasonable time prior to removal from the correctional facility or mental health institution. This section shall not apply to any person temporarily released under guard from the correctional facility or mental health institution in which such person is confined.]

[566.625. Any person who is required to register pursuant to sections 566.600 to 566.625 but fails to do so shall be guilty of a class A misdemeanor.]

Return to the Missouri House of Representatives