HCS HB 533 & 724 -- SEXUAL OFFENSES

SPONSOR:  Hosmer (Johnson, 90)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Criminal
Law by a vote of 11 to 0.

This substitute contains several provisions relating to sexual
offenses against persons in the care or custody of other persons.

The substitute makes it a class B misdemeanor for an owner or
employee of a long-term care facility or of an in-home services
provider agency, to have sexual contact with a resident of the
facility or with a client in his or her care.  Second or
subsequent violations are class A misdemeanors.  In addition,
sexual intercourse or deviant sexual intercourse in these cases
is a class D felony, and second or subsequent violations are
class C felonies.  An employee who is married to a resident or
client and engages in this activity with his or her spouse is
exempt from prosecution.

The substitute also creates the crime of sexual contact with a
prison inmate.  Any employee or other person working in any
correctional facility who engages in sexual intercourse or
deviate sexual intercourse with any inmate or other resident of
the facility is guilty of this crime, a class D felony.

Consent of the victim is no defense to prosecution of any of the
crimes created in the substitute.

FISCAL NOTE:  Estimated Net Cost to General Revenue Fund of
Unknown less than $100,000 in FY 2002, FY 2003, and FY 2004.

PROPONENTS:  Supporters of HB 533 state that the bill is
necessary to cover those cases of elderly sexual abuse where the
victim is not incapacitated and where consent is brought as a
possible defense by the alleged perpetrator, so that allegations
of these types of crimes, which are often ignored or not
prosecuted due to the consent issue, are more fully recognized
and prosecuted.

Supporters of HB 724 state that the bill is necessary to ensure
that the policy of the Department of Corrections regarding
sexual offenses against inmates by employees is reinforced
throughout the state via the creation of a felony offense.
Given the subservient condition of inmates, sexual relationships
between inmates and guards could never be considered consensual
and should always be prosecuted.  Those testifying indicate that
these incidents do happen, and that these incidents would be
curbed by this legislation.

Testifying for HB 533 were Representative Johnson (90); Patricia
Hyde; and Jefferson County Prosecutor's Office.

Testifying for HB 724 were Representative Britt; Missouri
Highway Patrol; and Correctional Medical Services.

OPPONENTS:  There was no opposition voiced to the committee.

Greg Linhares, Legislative Analyst

Missouri House of Representatives
Last Updated November 26, 2001 at 11:44 am