Text of MO HB 2885 (2024)

SECOND REGULAR SESSION HOUSE BILL NO. 2885 102ND GENERAL ASSEMBLY INTRODUCED BY REPRESENTATIVE GRAGG. 5874H.01I DANA RADEMAN MILLER, Chief Clerk AN ACT To repeal section 589.414, RSMo, and to enact in lieu thereof two new sections relating to the offense of contributing to social transition, 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 Be it enacted by the General Assembly of the state of Missouri, as follows: Section A. Section 589.414, RSMo, is repealed and two new sections enacted in lieu 2 thereof, to be known as sections 566.400 and 589.414, to read as follows: 566.400. 1. A person commits the offense of contributing to social transition if 2 the person is acting in his or her official capacity as a teacher or school counselor and 3 the person provides support, regardless of whether the support is material, information, 4 or other resources to a child regarding social transition. 5 2. The offense of contributing to social transition is a class E felony. 6 3. As used in this section, the following terms mean: 7 (1) "Child", a person under eighteen years of age; 8 (2) "Social transition", the process by which an individual adopts the name, 9 pronouns, and gender expression, such as clothing or haircuts, that match the 10 individual's gender identity and not the gender assumed by the individual's sex at birth; 11 (3) "Teacher", as that term is defined in subdivisions (4), (5), and (7) of section 12 168.104. 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; 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. 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. 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. HB 2885 2 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; 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. HB 2885 3 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; 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 HB 2885 4 115 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; 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; HB 2885 5 152 (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; 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. HB 2885 6 189 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 2885 7