Text of MO HB 1085 (2025)

FIRST REGULAR SESSION HOUSE BILL NO. 1085 103RD GENERAL ASSEMBLY INTRODUCED BY REPRESENTATIVE GRAGG. 2292H.01I JOSEPH ENGLER, Chief Clerk AN ACT To repeal section 589.414, RSMo, and to enact in lieu thereof three new sections relating to social transition in schools, with a penalty provision. Be it enacted by the General Assembly of the state of Missouri, as follows: Section A. Section 589.414, RSMo, is repealed and three new sections enacted in lieu 2 thereof, to be known as sections 167.172, 566.400, and 589.414, to read as follows: 167.172. 1. As used in this section, the following terms mean: 2 (1) "Parent", a parent, legal guardian, or other person having charge, control, 3 or custody of a student; 4 (2) "Public school", the same definition as in section 160.011; 5 (3) "Staff member", a teacher, school employee, volunteer, contractor, or other 6 presenter at a public school including, but not limited to, an individual in a position of 7 authority or responsibility such as a counselor or health care worker. 8 2. No public school staff member shall engage in the following: 9 (1) Covering the topics of sexual orientation or gender identity in any classroom 10 discussion or instruction in a manner that deviates from state content standards or 11 curricula developed or approved by a public school governing authority; 12 (2) Discussing the topics of sexual orientation or gender identity during any 13 extracurricular academic, athletic, or social activity under the jurisdiction of a public 14 school or a public school governing authority; 15 (3) Discussing such public school staff member's own sexual orientation or 16 gender identity with a student; or EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. 17 (4) Displaying information or symbols promoting the topics of sexual orientation 18 or gender identity anywhere on public school grounds including, but not limited to, 19 classrooms, hallways, or public spaces. 20 3. If a student confides in any public school staff member regarding the topics of 21 sexual orientation or gender identity, the following procedures shall apply: 22 (1) The public school shall contact the student's parent within twenty-four hours 23 of receiving the information; 24 (2) The public school staff member shall refrain from engaging further in the 25 situation unless the student's parent initiates a request for assistance; and 26 (3) If assistance is requested and provided by a public school staff member, such 27 assistance shall be limited to the staff member's professional training and expertise and 28 shall not extend beyond what is within the staff member's scope of responsibility. 29 4. If a public school staff member is approached by a student who confides 30 information regarding sexual orientation or gender identity and the staff member does 31 not comply with the procedures described in subsection 3 of this section, the following 32 actions shall apply: 33 (1) For the staff member's first offense, a warning shall be issued to the staff 34 member and the staff member shall be required to comply with the procedures in 35 subsection 3 of this section; 36 (2) For the staff member's second offense, a formal written reprimand shall be 37 issued to the staff member and inserted into the staff member's official employment file. 38 The school district shall have the option to terminate the staff member's employment at 39 the public school district's discretion; and 40 (3) For the staff member's third offense, the school district shall terminate the 41 staff member's employment and refer the staff member to the appropriate prosecuting 42 attorney or circuit attorney for charges filed under section 566.400 for the offense of 43 contributing to social transition. 566.400. 1. As used in this section, the following terms mean: 2 (1) "Biological sex", the biological sex as listed on an individual's original birth 3 certificate or a birth certificate amended under section 193.215 for a reason not related 4 to a scrivener's error; 5 (2) "Child", a person under eighteen years of age who is enrolled as a student at 6 a public school; 7 (3) "Social transition", the process by which a child takes steps to express a 8 gender identity other than the gender associated with the child's biological sex through 9 changes such as adopting a new name, pronouns, appearance, or behavior without 10 involving medical or legal changes; HB 1085 2 11 (4) "Staff member", a teacher, school employee, volunteer, contractor, or other 12 presenter at a public school including, but not limited to, an individual in a position of 13 authority or responsibility such as a counselor or health care worker; 14 (5) "Support", approval, assistance, encouragement, or other similar actions 15 related to a child's social transition including, but not limited to: 16 (a) Material support, such as providing physical items or resources including, 17 but not limited to, clothing or tools that help or promote with the social transition; 18 (b) Information, such as providing advice, education, or guidance about the 19 social transition process; and 20 (c) Other resources, such as any other kind of help or assistance that might aid 21 the child in the social transition including, but not limited to, emotional support or 22 referrals to additional services. 23 2. A person commits the offense of contributing to social transition if the person 24 is acting in such person's official capacity as a staff member and the person provides 25 support to a child regarding social transition. 26 3. (1) The offense of contributing to social transition is a class E felony. 27 (2) A person who is convicted of the offense of contributing to social transition 28 shall register as a sexual offender under sections 589.400 to 589.425. 589.414. 1. Any person required by sections 589.400 to 589.425 to register shall, 2 within three business days, appear in person to the chief law enforcement officer of the 3 county or city not within a county if there is a change to any of the following information: 4 (1) Name; 5 (2) Residence; 6 (3) Employment, including status as a volunteer or intern; 7 (4) Student status; or 8 (5) A termination to any of the items listed in this subsection. 9 2. Any person required to register under sections 589.400 to 589.425 shall, within 10 three business days, notify the chief law enforcement official of the county or city not within 11 a county of any changes to the following information: 12 (1) Vehicle information; 13 (2) Temporary lodging information; 14 (3) Temporary residence information; 15 (4) Email addresses, instant messaging addresses, and any other designations used in 16 internet communications, postings, or telephone communications; or 17 (5) Telephone or other cellular number, including any new forms of electronic 18 communication. HB 1085 3 19 3. The chief law enforcement official in the county or city not within a county shall 20 immediately forward the registration changes described under subsections 1 and 2 of this 21 section to the Missouri state highway patrol within three business days. 22 4. If any person required by sections 589.400 to 589.425 to register changes such 23 person's residence or address to a different county or city not within a county, the person shall 24 appear in person and shall inform both the chief law enforcement official with whom the 25 person last registered and the chief law enforcement official of the county or city not within a 26 county having jurisdiction over the new residence or address in writing within three business 27 days of such new address and phone number, if the phone number is also changed. If any 28 person required by sections 589.400 to 589.425 to register changes his or her state, territory, 29 the District of Columbia, or foreign country, or federal, tribal, or military jurisdiction of 30 residence, the person shall appear in person and shall inform both the chief law enforcement 31 official with whom the person was last registered and the chief law enforcement official of the 32 area in the new state, territory, the District of Columbia, or foreign country, or federal, tribal, 33 or military jurisdiction having jurisdiction over the new residence or address within three 34 business days of such new address. Whenever a registrant changes residence, the chief law 35 enforcement official of the county or city not within a county where the person was 36 previously registered shall inform the Missouri state highway patrol of the change within 37 three business days. When the registrant is changing the residence to a new state, territory, 38 the District of Columbia, or foreign country, or federal, tribal, or military jurisdiction, the 39 Missouri state highway patrol shall inform the responsible official in the new state, territory, 40 the District of Columbia, or foreign country, or federal, tribal, or military jurisdiction of 41 residence within three business days. 42 5. Tier I sexual offenders, in addition to the requirements of subsections 1 to 4 of this 43 section, shall report in person to the chief law enforcement official annually in the month of 44 their birth to verify the information contained in their statement made pursuant to section 45 589.407. Tier I sexual offenders include: 46 (1) Any offender who has been adjudicated for the offense of: 47 (a) Sexual abuse in the first degree under section 566.100 if the victim is eighteen 48 years of age or older; 49 (b) Sexual misconduct involving a child under section 566.083 if it is a first offense 50 and the punishment is less than one year; 51 (c) Sexual abuse in the second degree under section 566.101 if the punishment is less 52 than a year; 53 (d) Kidnapping in the second degree under section 565.120 with sexual motivation; 54 (e) Kidnapping in the third degree under section 565.130; HB 1085 4 55 (f) Sexual conduct with a nursing facility resident or vulnerable person in the first 56 degree under section 566.115 if the punishment is less than one year; 57 (g) Sexual conduct under section 566.116 with a nursing facility resident or 58 vulnerable person; 59 (h) Sexual [contact with a prisoner or offender] conduct in the course of public duty 60 under section 566.145 if the victim is eighteen years of age or older; 61 (i) Sex with an animal under section 566.111; 62 (j) Trafficking for the purpose of sexual exploitation under section 566.209 if the 63 victim is eighteen years of age or older; 64 (k) Possession of child pornography under section 573.037; 65 (l) Sexual misconduct in the first degree under section 566.093; 66 (m) Sexual misconduct in the second degree under section 566.095; 67 (n) Child molestation in the second degree under section 566.068 as it existed prior to 68 January 1, 2017, if the punishment is less than one year; [or] 69 (o) Invasion of privacy under section 565.252 if the victim is less than eighteen years 70 of age; or 71 (p) Contributing to social transition under section 566.400; 72 (2) Any offender who is or has been adjudicated in any other state, territory, the 73 District of Columbia, or foreign country, or under federal, tribal, or military jurisdiction of an 74 offense of a sexual nature or with a sexual element that is comparable to the tier I sexual 75 offenses listed in this subsection or, if not comparable to those in this subsection, comparable 76 to those described as tier I offenses under the Sex Offender Registration and Notification Act, 77 Title I of the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. 109-248. 78 6. Tier II sexual offenders, in addition to the requirements of subsections 1 to 4 of this 79 section, shall report semiannually in person in the month of their birth and six months 80 thereafter to the chief law enforcement official to verify the information contained in their 81 statement made pursuant to section 589.407. Tier II sexual offenders include: 82 (1) Any offender who has been adjudicated for the offense of: 83 (a) Statutory sodomy in the second degree under section 566.064 if the victim is 84 sixteen to seventeen years of age; 85 (b) Child molestation in the third degree under section 566.069 if the victim is 86 between thirteen and fourteen years of age; 87 (c) Sexual contact with a student under section 566.086 if the victim is thirteen to 88 seventeen years of age; 89 (d) Enticement of a child under section 566.151; 90 (e) Abuse of a child under section 568.060 if the offense is of a sexual nature and the 91 victim is thirteen to seventeen years of age; HB 1085 5 92 (f) Sexual exploitation of a minor under section 573.023; 93 (g) Promoting child pornography in the first degree under section 573.025; 94 (h) Promoting child pornography in the second degree under section 573.035; 95 (i) Patronizing prostitution under section 567.030; 96 (j) Sexual [contact with a prisoner or offender] conduct in the course of public duty 97 under section 566.145 if the victim is thirteen to seventeen years of age; 98 (k) Child molestation in the fourth degree under section 566.071 if the victim is 99 thirteen to seventeen years of age; 100 (l) Sexual misconduct involving a child under section 566.083 if it is a first offense 101 and the penalty is a term of imprisonment of more than a year; or 102 (m) Age misrepresentation with intent to solicit a minor under section 566.153; 103 (2) Any person who is adjudicated of an offense comparable to a tier I offense listed 104 in this section or failure to register offense under section 589.425 or comparable out-of-state 105 failure to register offense and who is already required to register as a tier I offender due to 106 having been adjudicated of a tier I offense on a previous occasion; or 107 (3) Any person who is or has been adjudicated in any other state, territory, the District 108 of Columbia, or foreign country, or under federal, tribal, or military jurisdiction for an offense 109 of a sexual nature or with a sexual element that is comparable to the tier II sexual offenses 110 listed in this subsection or, if not comparable to those in this subsection, comparable to those 111 described as tier II offenses under the Sex Offender Registration and Notification Act, Title I 112 of the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. 109-248. 113 7. Tier III sexual offenders, in addition to the requirements of subsections 1 to 4 of 114 this section, shall report in person to the chief law enforcement official every ninety days to 115 verify the information contained in their statement made under section 589.407. Tier III 116 sexual offenders include: 117 (1) Any offender registered as a predatory sexual offender [as defined in section 118 566.123] or a persistent sexual offender as defined in section [566.124] 566.125; 119 (2) Any offender who has been adjudicated for the crime of: 120 (a) Rape in the first degree under section 566.030; 121 (b) Statutory rape in the first degree under section 566.032; 122 (c) Rape in the second degree under section 566.031; 123 (d) Endangering the welfare of a child in the first degree under section 568.045 if the 124 offense is sexual in nature; 125 (e) Sodomy in the first degree under section 566.060; 126 (f) Statutory sodomy under section 566.062; 127 (g) Statutory sodomy under section 566.064 if the victim is under sixteen years of 128 age; HB 1085 6 129 (h) Sodomy in the second degree under section 566.061; 130 (i) Sexual misconduct involving a child under section 566.083 if the offense is a 131 second or subsequent offense; 132 (j) Sexual abuse in the first degree under section 566.100 if the victim is under 133 thirteen years of age; 134 (k) Kidnapping in the first degree under section 565.110 if the victim is under 135 eighteen years of age, excluding kidnapping by a parent or guardian; 136 (l) Child kidnapping under section 565.115; 137 (m) Sexual conduct with a nursing facility resident or vulnerable person in the first 138 degree under section 566.115 if the punishment is greater than a year; 139 (n) Incest under section 568.020; 140 (o) Endangering the welfare of a child in the first degree under section 568.045 with 141 sexual intercourse or deviate sexual intercourse with a victim under eighteen years of age; 142 (p) Child molestation in the first degree under section 566.067; 143 (q) Child molestation in the second degree under section 566.068; 144 (r) Child molestation in the third degree under section 566.069 if the victim is under 145 thirteen years of age; 146 (s) Promoting prostitution in the first degree under section 567.050 if the victim is 147 under eighteen years of age; 148 (t) Promoting prostitution in the second degree under section 567.060 if the victim is 149 under eighteen years of age; 150 (u) Promoting prostitution in the third degree under section 567.070 if the victim is 151 under eighteen years of age; 152 (v) Promoting travel for prostitution under section 567.085 if the victim is under 153 eighteen years of age; 154 (w) Trafficking for the purpose of sexual exploitation under section 566.209 if the 155 victim is under eighteen years of age; 156 (x) Sexual trafficking of a child in the first degree under section 566.210; 157 (y) Sexual trafficking of a child in the second degree under section 566.211; 158 (z) Genital mutilation of a female child under section 568.065; 159 (aa) Statutory rape in the second degree under section 566.034; 160 (bb) Child molestation in the fourth degree under section 566.071 if the victim is 161 under thirteen years of age; 162 (cc) Sexual abuse in the second degree under section 566.101 if the penalty is a term 163 of imprisonment of more than a year; 164 (dd) Patronizing prostitution under section 567.030 if the offender is a persistent 165 offender; HB 1085 7 166 (ee) Abuse of a child under section 568.060 if the offense is of a sexual nature and the 167 victim is under thirteen years of age; 168 (ff) Sexual [contact with a prisoner or offender] conduct in the course of public 169 duty under section 566.145 if the victim is under thirteen years of age; 170 (gg) [Sexual intercourse with a prisoner or offender under section 566.145; 171 (hh)] Sexual contact with a student under section 566.086 if the victim is under 172 thirteen years of age; 173 [(ii)] (hh) Use of a child in a sexual performance under section 573.200; or 174 [(jj)] (ii) Promoting a sexual performance by a child under section 573.205; 175 (3) Any offender who is adjudicated for a crime comparable to a tier I or tier II 176 offense listed in this section or failure to register offense under section 589.425, or other 177 comparable out-of-state failure to register offense, who has been or is already required to 178 register as a tier II offender because of having been adjudicated for a tier II offense, two tier I 179 offenses, or combination of a tier I offense and failure to register offense, on a previous 180 occasion; 181 (4) Any offender who is adjudicated in any other state, territory, the District of 182 Columbia, or foreign country, or under federal, tribal, or military jurisdiction for an offense of 183 a sexual nature or with a sexual element that is comparable to a tier III offense listed in this 184 section or a tier III offense under the Sex Offender Registration and Notification Act, Title I 185 of the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. 109-248; or 186 (5) Any offender who is adjudicated in Missouri for any offense of a sexual nature 187 requiring registration under sections 589.400 to 589.425 that is not classified as a tier I or tier 188 II offense in this section. 189 8. In addition to the requirements of subsections 1 to 7 of this section, all Missouri 190 registrants who work, including as a volunteer or unpaid intern, or attend any school whether 191 public or private, including any secondary school, trade school, professional school, or 192 institution of higher education, on a full-time or part-time basis or have a temporary residence 193 in this state shall be required to report in person to the chief law enforcement officer in the 194 area of the state where they work, including as a volunteer or unpaid intern, or attend any 195 school or training and register in that state. "Part-time" in this subsection means for more 196 than seven days in any twelve-month period. 197 9. If a person who is required to register as a sexual offender under sections 589.400 198 to 589.425 changes or obtains a new online identifier as defined in section 43.651, the person 199 shall report such information in the same manner as a change of residence before using such 200 online identifier. ✔ HB 1085 8