HCS SS SCS SB 214, 124, 209 & 322 -- SEX OFFENSES

SPONSOR:  Gross (Hosmer)

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

This substitute revises various provisions regarding sex
offenses.  In its main provisions, the substitute:

(1)  Requires public schools to equip their computers with the
ability to filter material that is pornographic for minors and
requires public libraries either to equip their computers with
the ability to filter material that is pornographic for minors,
develop a policy to restrict minors' access to pornographic
material on computers, or both (Section 182.825, RSMo);

(2)  Eliminates the statute of limitations for prosecuting any
forcible rape, attempted forcible rape, and forcible sodomy so
long as the crime is committed after the effective date of this
section or within 3 years prior to the effective date of this
section (Section 556.036);

(3)  Makes persons who have previously pled guilty to the crime
of sexual misconduct in the second degree guilty of a class A
misdemeanor for the second offense.  Current law has a second
offense penalty for persons previously convicted of the crime,
but not for persons who previously pled guilty to the crime.
The substitute also makes persons who have twice previously pled
guilty to, or been convicted of, the crime guilty of a class D
felony (Section 566.093);

(4)  Increases the penalty for possession of child pornography
from a class A misdemeanor to a class D felony, increases the
penalty for prior offenders of this section from a class D
felony to a class C felony, and makes any prior offender of
Chapter 566 a prior offender for purposes of this section
(Section 573.037);

(5)  Clarifies the sex offender registration law so that all
persons meeting the registration requirements are required to
register.  Currently, the law only requires that persons
register upon "coming into any county" (Section 589.400); and

(6)  Allows for community notification regarding certain
registered sex offenders.  The substitute provides immunity for
release of information by law enforcement and by employees of
the departments of Corrections, Public Safety, and Social
Services.  Prior to releasing a sex offender, the Department of
Corrections is required to perform a risk assessment of any
offender required to register as a sex offender.  The substitute
tailors the extent of any community notification to the
assessment results (Sections 589.417 and 589.430).

FISCAL NOTE:  Estimated Net Cost to General Revenue Fund of
exceeds $124,269 in FY 2002, exceeds $126,027 in FY 2003, and
exceeds $126,670 in FY 2004.

PROPONENTS:  Supporters say that the bill will ensure the full
registration of sex offenders by eliminating the existing
loophole in the law and will help ensure that children are not
exposed to pornography in Missouri's schools and libraries.

Testifying for the bill were Senator Gross; Representative
Barnett; Concerned Women for America; and Missouri Family
Network.

OPPONENTS:  There was no opposition voiced to the committee.

Greg Linhares, Legislative Analyst

Missouri House of Representatives
Last Updated November 26, 2001 at 11:47 am