HCS SCS SB 36 & 112 -- FORCIBLE SEXUAL OFFENSES AGAINST CHILDREN

SPONSOR:  Goodman (Wasson)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Crime
Prevention by a vote of 7 to 0.

This substitute specifies that when the victim of forcible rape
or sodomy is younger than 12 years of age and the offense was
outrageous or wantonly vile, horrible, or inhuman, in that it
involved torture or depravity of mind, the penalty will be life
imprisonment without eligibility for probation, parole, or
conditional release.  Currently, the penalty for these crimes is
a term of imprisonment with no eligibility for probation or
parole until the offender has served at least 30 years.

FISCAL NOTE:  No impact on state funds in FY 2010, FY 2011, and
FY 2012.

PROPONENTS:  Supporters say that the bill allows prosecutors the
option to pursue a true life sentence for any person who has
committed forcible rape or sodomy and the victim is a young
child.

Testifying for the bill were Senator Goodman; and Office of the
Attorney General.

OPPONENTS:  Those who oppose the bill say they are opposed to the
removal of the 120-day callback provision in the Senate committee
substitute concerning offenders convicted of felony sexual
offenses when the victim is younger than 17 years of age.  The
removal of the eligibility of these offenses will greatly
handicap prosecutors in those cases.

Testifying against the bill were Mike Wright, Missouri
Association of Prosecuting Attorneys; and Brian Keedy, Camden
County Prosecutor.

OTHERS:  Others testifying on the bill say the 120-day callback
provision is used by courts as an assessment tool.  Removing it
would eliminate certain sexual offenders from undergoing that
assessment.

Testifying on the bill was Department of Corrections.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:26 am