HB 753 -- CHEMICAL CASTRATION

SPONSOR:  Broach

COMMITTEE ACTION:  Voted "do pass" by the Committee on Criminal
Law by a vote of 13 to 1.

This bill makes medroxyprogesterone acetate treatment, commonly
known as chemical castration, a sentencing option  for certain
sexual offenders.  The treatment program will be overseen by the
Department of Corrections.

The bill:

(1) Allows the sentencing court on the first offense of a
persistent sexual offender or predatory sexual offender
convicted of a Chapter 566 RSMo sexual offense, and the victim
was less than 13 years of age, to order the offender, upon
parole, to undergo chemical castration in addition to any other
punishment provided by law;

(2) Requires the sentencing court on a second or subsequent
offense of a persistent sexual offender or predatory sexual
offender convicted of a chapter 566 RSMo sexual offense, and the
victim was less than 13 years of age, to order the offender,
upon parole, to undergo chemical castration in addition to any
prescribed punishment;

(3) Requires the parolee to begin the chemical castration
process one week prior to release from confinement and to
continue the treatments until the Parole Board deems the
treatments no longer necessary;

(4) Allows an offender to opt for a surgical alternative in lieu
of the medroxyprogesterone acetate treatments; and

(5) Allows the court to refuse to apply the chemical castration
process to a statutory rape offender where the offender is less
than 18 years of age if the victim consented to the act.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that the chemical castration process
lowers the recidivism rate of repeat sexual offenders.
Currently, the state of California, Canada and several countries
in Europe, employ the procedure that is not castration but
chemically lowering the male hormone testosterone.  Correctional
studies indicate that the chemical procedure reduces recidivism
by 4.5%.

Testifying for the bill were:  Representatives Kreider and
Broach; and Beth, a sexual assault victim.

OPPONENTS:  Those who oppose the bill say that the legislation
violates several constitutional provisions such as: the right to
privacy, cruel and unusual punishment, due process, and the
right to marry.  In addition, serious questions exist as to
whether the process actually works.  The lowered recidivism
rates occurring after chemical castration are the result of
coupling the chemical process with intense psychological therapy
sessions.  The proposed legislation does not include therapeutic
treatments.

Testifying against the bill was the American Civil Liberties
Union.

Michael Warrick, Research Analyst

HB 753 -- Chemical Castration

Co-Sponsors:  Broach, Kreider, Howerton

This bill makes medroxyprogesterone acetate treatment, commonly
known as chemical castration, a sentencing option  for certain
sexual offenders.  The treatment program will be overseen by the
Department of Corrections.

The bill:

(1) Allows the sentencing court on the first offense of a
persistent sexual offender or predatory sexual offender
convicted of a Chapter 566 RSMo sexual offense, and the victim
was less than 13 years of age, to order the offender, upon
parole, to undergo chemical castration in addition to any other
punishment provided by law;

(2) Requires the sentencing court on a second or subsequent
offense of a persistent sexual offender or predatory sexual
offender convicted of a chapter 566 RSMo sexual offense, and the
victim was less than 13 years of age, to order the offender,
upon parole, to undergo chemical castration in addition to any
prescribed punishment;

(3) Requires the parolee to begin the chemical castration
process one week prior to release from confinement and to
continue the treatments until the Parole Board deems the
treatments no longer necessary;

(4) Allows an offender to opt for a surgical alternative in lieu
of the medroxyprogesterone acetate treatments; and

(5) Allows the court to refuse to apply the chemical castration
process to a statutory rape offender where the offender is less
than 18 years of age if the victim consented to the act.