Text of MO HB 3068 (2026)

SECOND REGULAR SESSION HOUSE BILL NO. 3068 103RD GENERAL ASSEMBLY INTRODUCED BY REPRESENTATIVE MYERS. 6771H.01I JOSEPH ENGLER, Chief Clerk AN ACT To repeal sections 43.500, 43.503, 43.506, 43.509, 43.527, 43.530, 43.533, 43.650, 43.651, 589.400, 589.401, 589.402, 589.403, 589.404, 589.405, 589.407, 589.410, 589.414, 589.415, and 589.417, RSMo, and to enact in lieu thereof nineteen new sections relating to the sex offender registry. Be it enacted by the General Assembly of the state of Missouri, as follows: Section A. Sections 43.500, 43.503, 43.506, 43.509, 43.527, 43.530, 43.533, 43.650, 2 43.651, 589.400, 589.401, 589.402, 589.403, 589.404, 589.405, 589.407, 589.410, 589.414, 3 589.415, and 589.417, RSMo, are repealed and nineteen new sections enacted in lieu thereof, 4 to be known as sections 43.500, 43.503, 43.506, 43.509, 43.527, 43.530, 589.400, 589.401, 5 589.403, 589.404, 589.405, 589.407, 589.410, 589.411, 589.412, 589.413, 589.414, 589.415, 6 and 589.417, to read as follows: 43.500. As used in sections 43.500 to [Deleted Text, 43.651, deleted end, ] Added Text, 43.600, added end, , the following terms mean: 2 (1) "Administration of criminal justice", performance of any of the following 3 activities: detection, apprehension, detention, pretrial release, post-trial release, prosecution, 4 adjudication, correctional supervision, or rehabilitation of accused persons or criminal 5 offenders. The administration of criminal justice shall include the screening of employees or 6 applicants seeking employment with criminal justice agencies, criminal identification 7 activities, and the collection, storage, and dissemination of criminal history information, 8 including fingerprint searches, photographs, and other unique biometric identification; 9 (2) "Central repository", the division within the Missouri state highway patrol 10 responsible for compiling and disseminating complete and accurate criminal history records 11 and statistics; 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. 12 (3) "Committee", criminal records and justice information advisory committee; 13 (4) "Comparable ordinance violation", a violation of an ordinance having all the 14 essential elements of a statutory felony or a class A misdemeanor; 15 (5) "Criminal history record information", information collected by criminal justice 16 agencies on individuals consisting of identifiable descriptions and notations of arrests, 17 detentions, indictments, informations, or other formal criminal charges, and any disposition 18 arising therefrom, sentencing, correctional supervision, and release; 19 (6) "Final disposition", the formal conclusion of a criminal proceeding at whatever 20 stage it occurs in the criminal justice system; 21 (7) "Missouri charge code", a unique number assigned by the office of state courts 22 administrator to an offense for tracking and grouping offenses. Beginning January 1, 2005, 23 the complete charge code shall consist of digits assigned by the office of state courts 24 administrator, the two-digit national crime information center modifiers and a single digit 25 designating attempt, accessory, or conspiracy. The only exception to the January 1, 2005, 26 date shall be the courts that are not using the statewide court automation case management 27 pursuant to section 476.055; the effective date will be as soon thereafter as economically 28 feasible for all other courts; 29 (8) "State offense cycle number", a unique number, supplied by or approved by the 30 Missouri state highway patrol, on the state criminal fingerprint card. The offense cycle 31 number, OCN, is used to link the identity of a person, through unique biometric identification, 32 to one or many offenses for which the person is arrested or charged. The OCN will be used to 33 track an offense incident from the date of arrest to the final disposition when the offender 34 exits from the criminal justice system; 35 (9) "Unique biometric identification", automated methods of recognizing and 36 identifying an individual based on a physiological characteristic. Biometric identification 37 methods may include but are not limited to facial recognition, fingerprints, palm prints, hand 38 geometry, iris recognition, and retinal scan. 43.503. 1. For the purpose of maintaining complete and accurate criminal history 2 record information, all police officers of this state, the clerk of each court, the department of 3 corrections, the sheriff of each county, the chief law enforcement official of a city not within a 4 county and the prosecuting attorney of each county or the circuit attorney of a city not within 5 a county shall submit certain criminal arrest, charge, and disposition information to the 6 central repository for filing without undue delay in the form and manner required by sections 7 43.500 to [Deleted Text, 43.651, deleted end, ] Added Text, 43.600, added end, . 8 2. All law enforcement agencies making misdemeanor and felony arrests as 9 determined by section 43.506 shall furnish without undue delay, to the central repository, 10 fingerprints, photograph, and if available, any other unique biometric identification collected, HB 3068 2 11 charges, appropriate charge codes, and descriptions of all persons who are arrested for such 12 offenses on standard fingerprint forms supplied or approved by the highway patrol or 13 electronically in a format and manner approved by the highway patrol and in compliance with 14 the standards set by the Federal Bureau of Investigation in its Automated Fingerprint 15 Identification System or its successor program. All such agencies shall also notify the central 16 repository of all decisions not to refer such arrests for prosecution. An agency making such 17 arrests may enter into arrangements with other law enforcement agencies for the purpose of 18 furnishing without undue delay such fingerprints, photograph, and if available, any other 19 unique biometric identification collected, charges, appropriate charge codes, and descriptions 20 to the central repository upon its behalf. 21 3. In order for the Missouri office of prosecution services to maintain complete and 22 accurate statewide reports as required by section 56.750, on or before January 1, 2028, and 23 thereafter, all police officers of this state, the sheriff and each deputy sheriff of each county, 24 and the chief law enforcement official of a city not within a county and his or her officers 25 shall submit referrals for any traffic violation, ordinance violation, or misdemeanor or felony 26 offense referred to a prosecuting or circuit attorney in the form and manner approved by the 27 Missouri office of prosecution services as required by subdivision (7) of subsection 1 of 28 section 56.750. At a minimum, any referral to a prosecuting attorney or circuit attorney for a 29 felony offense shall include a probable cause statement and an investigative report. Any law 30 enforcement agency that violates this subsection shall be ineligible to receive state or federal 31 funds that would otherwise be paid to such agency for law enforcement, safety, or criminal 32 justice purposes. 33 4. In instances where an individual less than seventeen years of age and not currently 34 certified as an adult is taken into custody for an offense which would be a felony if committed 35 by an adult, the arresting officer shall take fingerprints for the central repository. These 36 fingerprints shall be taken on fingerprint cards supplied by or approved by the highway patrol 37 or transmitted electronically in a format and manner approved by the highway patrol and in 38 compliance with the standards set by the Federal Bureau of Investigation in its Automated 39 Fingerprint Identification System or its successor program. The fingerprint cards shall be so 40 constructed that the name of the juvenile should not be made available to the central 41 repository. The individual's name and the unique number associated with the fingerprints and 42 other pertinent information shall be provided to the court of jurisdiction by the agency taking 43 the juvenile into custody. The juvenile's fingerprints and other information shall be 44 forwarded to the central repository and the courts without undue delay. The fingerprint 45 information from the card shall be captured and stored in the automated fingerprint 46 identification system operated by the central repository. In the event the fingerprints are 47 found to match other tenprints or unsolved latent prints, the central repository shall notify the HB 3068 3 48 submitting agency who shall notify the court of jurisdiction as per local agreement. Under 49 section 211.031, in instances where a juvenile over fifteen and one-half years of age is alleged 50 to have violated a state or municipal traffic ordinance or regulation, which does not constitute 51 a felony, and the juvenile court does not have jurisdiction, the juvenile shall not be 52 fingerprinted unless certified as an adult. 53 5. Upon certification of the individual as an adult, the certifying court shall order a 54 law enforcement agency to immediately fingerprint and photograph the individual and 55 certification papers will be forwarded to the appropriate law enforcement agency with the 56 order for fingerprinting. The law enforcement agency shall submit such fingerprints, 57 photograph, and certification papers to the central repository within fifteen days and shall 58 furnish the offense cycle number associated with the fingerprints to the prosecuting attorney 59 or the circuit attorney of a city not within a county and to the clerk of the court ordering the 60 subject fingerprinted. If the juvenile is acquitted of the crime and is no longer certified as an 61 adult, the prosecuting attorney shall notify within fifteen days the central repository of the 62 change of status of the juvenile. Records of a child who has been fingerprinted and 63 photographed after being taken into custody shall be closed records as provided under section 64 610.100 if a petition has not been filed within thirty days of the date that the child was taken 65 into custody; and if a petition for the child has not been filed within one year of the date the 66 child was taken into custody, any records relating to the child concerning the alleged offense 67 may be expunged under the procedures in sections 610.122 to 610.126. 68 6. The prosecuting attorney of each county or the circuit attorney of a city not within 69 a county or the municipal prosecuting attorney shall notify the central repository on standard 70 forms supplied by the highway patrol or in a manner approved by the highway patrol of his or 71 her decision to not file a criminal charge on any charge referred to such prosecuting attorney 72 or circuit attorney for criminal charges. All records forwarded to the central repository and 73 the courts by prosecutors or circuit attorneys as required by sections 43.500 to 43.530 shall 74 include the state offense cycle number of the offense, the charge code for the offense, and the 75 originating agency identifier number of the reporting prosecutor, using such numbers as 76 assigned by the highway patrol. 77 7. The clerk of the courts of each county or city not within a county or municipal 78 court clerk shall furnish the central repository, on standard forms supplied by the highway 79 patrol or in a manner approved by the highway patrol, with a record of all charges filed, 80 including all those added subsequent to the filing of a criminal court case, amended charges, 81 and all final dispositions of cases for which the central repository has a record of an arrest or a 82 record of fingerprints reported pursuant to sections 43.500 to 43.506. Such information shall 83 include, for each charge: HB 3068 4 84 (1) All judgments of not guilty, acquittals on the ground of mental disease or defect 85 excluding responsibility, judgments or pleas of guilty including the sentence, if any, or 86 probation, if any, pronounced by the court, nolle pros, discharges, releases and dismissals in 87 the trial court; 88 (2) Court orders filed with the clerk of the courts which reverse a reported conviction 89 or vacate or modify a sentence; 90 (3) Judgments terminating or revoking a sentence to probation, supervision or 91 conditional release and any resentencing after such revocation; and 92 (4) The offense cycle number of the offense, and the originating agency identifier 93 number of the sentencing court, using such numbers as assigned by the highway patrol. 94 8. The clerk of the courts of each county or city not within a county shall furnish, to 95 the department of corrections or department of mental health, court judgment and sentence 96 documents and the state offense cycle number and the charge code of the offense which 97 resulted in the commitment or assignment of an offender to the jurisdiction of the department 98 of corrections or the department of mental health if the person is committed pursuant to 99 chapter 552. This information shall be reported to the department of corrections or the 100 department of mental health at the time of commitment or assignment. If the offender was 101 already in the custody of the department of corrections or the department of mental health at 102 the time of such subsequent conviction, the clerk shall furnish notice of such subsequent 103 conviction to the appropriate department by certified mail, return receipt requested, or in a 104 manner and format mutually agreed to, within fifteen days of such disposition. 105 9. Information and fingerprints, photograph and if available, any other unique 106 biometric identification collected, forwarded to the central repository, normally obtained from 107 a person at the time of the arrest, may be obtained at any time the subject is in the criminal 108 justice system or committed to the department of mental health. A law enforcement agency 109 or the department of corrections may fingerprint, photograph, and capture any other unique 110 biometric identification of the person unless collecting other unique biometric identification 111 of the person is not financially feasible for the law enforcement agency, and obtain the 112 necessary information at any time the subject is in custody. If at the time of any court 113 appearance, the defendant has not been fingerprinted and photographed for an offense in 114 which a fingerprint and photograph is required by statute to be collected, maintained, or 115 disseminated by the central repository, the court shall order a law enforcement agency or 116 court marshal to fingerprint and photograph immediately the defendant. The order for 117 fingerprints shall contain the offense, charge code, date of offense, and any other information 118 necessary to complete the fingerprint card. The law enforcement agency or court marshal 119 shall submit such fingerprints, photograph, and if available, any other unique biometric 120 identification collected, to the central repository without undue delay and within thirty days HB 3068 5 121 and shall furnish the offense cycle number associated with the fingerprints to the prosecuting 122 attorney or the circuit attorney of a city not within a county and to the court clerk of the court 123 ordering the subject fingerprinted. 124 10. The department of corrections and the department of mental health shall furnish 125 the central repository with all information concerning the receipt, escape, execution, death, 126 release, pardon, parole, commutation of sentence, granting of executive clemency, legal name 127 change, or discharge of an individual who has been sentenced to that department's custody for 128 any offenses which are mandated by law to be collected, maintained or disseminated by the 129 central repository. All records forwarded to the central repository by the department as 130 required by sections 43.500 to [Deleted Text, 43.651, deleted end, ] Added Text, 43.600, added end, shall include the offense cycle number of the 131 offense, and the originating agency identifier number of the department using such numbers 132 as assigned by the highway patrol. 43.506. 1. Those offenses considered reportable for the purposes of sections 43.500 2 to [Deleted Text, 43.651, deleted end, ] Added Text, 43.600, added end, include all felonies; class A misdemeanors; all violations for driving under 3 the influence of drugs or alcohol; any offense that can be enhanced to a class A misdemeanor 4 or higher for subsequent violations; and comparable ordinance violations consistent with the 5 reporting standards established by the National Crime Information Center, Federal Bureau of 6 Investigation, for the Federal Interstate Identification Index System; and all cases arising 7 under chapter 566. The following types of offenses shall not be considered reportable for the 8 purposes of sections 57.403, 43.500 to [Deleted Text, 43.651, deleted end, ] Added Text, 43.600, added end, , and 595.200 to 595.218: nonspecific 9 charges of suspicion or investigation, general traffic violations and all misdemeanor 10 violations of the state wildlife code. All offenses considered reportable shall be reviewed 11 annually and noted in the Missouri charge code manual established in section 43.512. All 12 information collected pursuant to sections 43.500 to [Deleted Text, 43.651, deleted end, ] Added Text, 43.600, added end, shall be available only 13 as set forth in section 610.120. 14 2. Law enforcement agencies, court clerks, prosecutors and custody agencies may 15 report required information by electronic medium either directly to the central repository or 16 indirectly to the central repository via other criminal justice agency computer systems in the 17 state with the approval of the highway patrol, based upon standards established by the 18 advisory committee. 19 3. In addition to the repository of fingerprint records for individual offenders and 20 applicants, the central repository of criminal history and identification records for the state 21 shall maintain a repository of latent prints, palm prints and other unique biometric 22 identification submitted to the repository. 43.509. The director of the department of public safety shall, in accordance with the 2 provisions of chapter 536, establish such rules and regulations as are necessary to implement 3 the provisions of sections 43.500 to [Deleted Text, 43.651, deleted end, ] Added Text, 43.600, added end, . All collection and dissemination of HB 3068 6 4 criminal history information shall be in compliance with chapter 610 and applicable federal 5 laws or regulations. Such rules shall relate to the collection of criminal history information 6 from or dissemination of such information to criminal justice, noncriminal justice, and private 7 agencies or citizens both in this and other states. No rule or portion of a rule promulgated 8 under the authority of sections 43.500 to [Deleted Text, 43.651, deleted end, ] Added Text, 43.600, added end, shall become effective unless it has 9 been promulgated pursuant to the provisions of section 536.024. 43.527. For purposes of sections 43.500 to [Deleted Text, 43.651, deleted end, ] Added Text, 43.600, added end, , all federal and nonstate 2 of Missouri agencies and persons shall pay for criminal records checks, fingerprint searches, 3 and any of the information as defined in subdivision (5) of section 43.500, when such 4 information is not related to the administration of criminal justice. There shall be no charge 5 for information supplied to criminal justice agencies for the administration of criminal justice. 6 For purposes of sections 43.500 to [Deleted Text, 43.651, deleted end, ] Added Text, 43.600, added end, , the administration of criminal justice is 7 defined in subdivision (1) of section 43.500 and shall be available only as set forth in section 8 610.120. 43.530. 1. For each request requiring the payment of a fee received by the central 2 repository, the requesting entity shall pay a fee of not more than nine dollars per request for 3 criminal history record information not based on a fingerprint search. In each year beginning 4 on or after January 1, 2010, the superintendent may increase the fee paid by requesting 5 entities by an amount not to exceed one dollar per year, however, under no circumstance shall 6 the fee paid by requesting entities exceed fifteen dollars per request. 7 2. For each request requiring the payment of a fee received by the central repository, 8 the requesting entity shall pay a fee of not more than twenty dollars per request for criminal 9 history record information based on a fingerprint search, unless the request is required under 10 the provisions of subdivision (6) of section 210.481, section 210.487, or section 571.101, in 11 which case the fee shall be fourteen dollars. 12 3. A request made under subsections 1 and 2 of this section shall be limited to check 13 and search on one individual. Each request shall be accompanied by a check, warrant, 14 voucher, money order, or electronic payment payable to the state of Missouri-criminal record 15 system or payment shall be made in a manner approved by the highway patrol. The highway 16 patrol may establish procedures for receiving requests for criminal history record information 17 for classification and search for fingerprints, from courts and other entities, and for the 18 payment of such requests. There is hereby established by the treasurer of the state of 19 Missouri a fund to be entitled as the "Criminal Record System Fund". Notwithstanding the 20 provisions of section 33.080 to the contrary, if the moneys collected and deposited into this 21 fund are not totally expended annually for the purposes set forth in sections 43.500 to 22 [Deleted Text, 43.651, deleted end, ] Added Text, 43.600, added end, , the unexpended moneys in such fund shall remain in the fund and the 23 balance shall be kept in the fund to accumulate from year to year. HB 3068 7 589.400. 1. Added Text, Unless exempt from registering under section 589.401,, added end, sections 2 589.400 to 589.425 shall apply to: 3 (1) Any person who, since July 1, 1979, has been or is hereafter adjudicated for an 4 offense [Deleted Text, referenced in section 589.414, unless such person is exempt from registering under subsection 9 or 10 of this section or section 589.401, deleted end, 5 Deleted Text, referenced in section 589.414, unless such person is exempt from registering under subsection 9 or 10 of this section or section 589.401, deleted end, ] Added Text, that would classify the person as a tier I offender, tier II offender, or tier III offender in this state, added end, 6 Added Text, that would classify the person as a tier I offender, tier II offender, or tier III offender in this state, added end, ; 7 (2) [Any person who, since July 1, 1979, has been or is hereafter convicted of, been 8 found guilty of, or pled guilty or nolo contendere to committing, attempting to commit, or 9 conspiring to commit one or more of the following offenses: kidnapping or kidnapping in the 10 first degree when the victim was a child and the defendant was not a parent or guardian of the 11 child; abuse of a child under section 568.060 when such abuse is sexual in nature; felonious 12 restraint or kidnapping in the second degree when the victim was a child and the defendant is 13 not a parent or guardian of the child; sexual contact or sexual intercourse with a resident of a 14 nursing home or sexual conduct with a nursing facility resident or vulnerable person in the 15 first or second degree; endangering the welfare of a child under section 568.045 when the 16 endangerment is sexual in nature; genital mutilation of a female child, under section 568.065; 17 promoting prostitution in the first degree; promoting prostitution in the second degree; 18 promoting prostitution in the third degree; sexual exploitation of a minor; promoting child 19 pornography in the first degree; promoting child pornography in the second degree; 20 possession of child pornography; furnishing pornographic material to minors; public display 21 of explicit sexual material; coercing acceptance of obscene material; promoting obscenity in 22 the first degree; promoting pornography for minors or obscenity in the second degree; incest; 23 use of a child in a sexual performance; or promoting sexual performance by a child; 24 patronizing prostitution if the individual the person patronizes is less than eighteen years of 25 age; 26 Deleted paragraph: (3),] Any person who, since July 1, 1979, has been committed to the department of 27 mental health as a criminal sexual psychopath; 28 [(4)] New Label: (3), Any person who, since July 1, 1979, has been found not guilty as a result of 29 mental disease or defect of any offense [Deleted Text, referenced in section 589.414, deleted end, ] Added Text, that would classify the person as a tier I offender, tier II offender, or tier III offender, added end, 30 Added Text, that would classify the person as a tier I offender, tier II offender, or tier III offender, added end, ; 31 [(5)] New Label: (4), Any juvenile certified as an adult and transferred to a court of general 32 jurisdiction who has been adjudicated for an offense [Deleted Text, listed under section 589.414, deleted end, ] Added Text, that would classify the juvenile as a tier I offender, tier II offender, or tier III offender, added end, 33 Added Text, that would classify the juvenile as a tier I offender, tier II offender, or tier III offender, added end, ; 34 [(6)] New Label: (5), Any juvenile fourteen years of age or older at the time of the offense who has 35 been adjudicated for an offense which is equal to or more severe than aggravated sexual abuse 36 under 18 U.S.C. Section 2241, which shall include any attempt or conspiracy to commit such 37 offenseAdded Text, . Juveniles registering under this subdivision shall be assigned a tier under the provisions of section 589.414 and eligible for removal when meeting all other qualifications in sections 589.400 to 589.425. The tier assignment under section 589.414 shall be only for the purposes of registration visit frequency and removal eligibility and shall not otherwise affect the analysis of whether registration is required under this section, added end, HB 3068 8 38 provisions of section 589.414 and eligible for removal when meeting all other 39 qualifications in sections 589.400 to 589.425. The tier assignment under section 40 589.414 shall be only for the purposes of registration visit frequency and removal 41 eligibility and shall not otherwise affect the analysis of whether registration is required 42 under this section; 43 [(7)] New Label: (6), Any person who is a resident of this state who has, since July 1, 1979, been 44 or is hereafter adjudicated in any other state, territory, the District of Columbia, or foreign 45 country, or under federal, tribal, or military jurisdiction for an offense which, if committed in 46 this state, would constitute an offense [Deleted Text, listed under section 589.414, deleted end, ] Added Text, that would classify the person as a tier I offender, tier II offender, or tier III offender, added end, 47 Added Text, that would classify the person as a tier I offender, tier II offender, or tier III offender, added end, , or has been or is required 48 to register in another state, territory, the District of Columbia, or foreign country, or has been 49 classify the person as a tier I offender, tier II offender, or tier III offender, added end, 47 Added Text, that would classify the person as a tier I offender, tier II offender, or tier III offender, added end, , or has been or is required 48 to register in another state, territory, the District of Columbia, or foreign country, or has been 49 or is required to register under tribal, federal, or military lawAdded Text, . Persons registering under this subdivision shall be assigned a tier under the provisions of section 589.414 and eligible for removal when meeting all other qualifications in sections 589.400 to 589.425. The tier assignment under section 589.414 shall be only for the purposes of registration visit frequency and removal eligibility and shall not otherwise affect the analysis of whether registration is required under this section, added end, 50 Added Text, . Persons registering under this subdivision shall be assigned a tier under the provisions of section 589.414 and eligible for removal when meeting all other qualifications in sections 589.400 to 589.425. The tier assignment under section 589.414 shall be only for the purposes of registration visit frequency and removal eligibility and shall not otherwise affect the analysis of whether registration is required under this section, added end, 51 Added Text, . Persons registering under this subdivision shall be assigned a tier under the provisions of section 589.414 and eligible for removal when meeting all other qualifications in sections 589.400 to 589.425. The tier assignment under section 589.414 shall be only for the purposes of registration visit frequency and removal eligibility and shall not otherwise affect the analysis of whether registration is required under this section, added end, 52 Added Text, . Persons registering under this subdivision shall be assigned a tier under the provisions of section 589.414 and eligible for removal when meeting all other qualifications in sections 589.400 to 589.425. The tier assignment under section 589.414 shall be only for the purposes of registration visit frequency and removal eligibility and shall not otherwise affect the analysis of whether registration is required under this section, added end, 53 Added Text, . Persons registering under this subdivision shall be assigned a tier under the provisions of section 589.414 and eligible for removal when meeting all other qualifications in sections 589.400 to 589.425. The tier assignment under section 589.414 shall be only for the purposes of registration visit frequency and removal eligibility and shall not otherwise affect the analysis of whether registration is required under this section, added end, 54 Added Text, . Persons registering under this subdivision shall be assigned a tier under the provisions of section 589.414 and eligible for removal when meeting all other qualifications in sections 589.400 to 589.425. The tier assignment under section 589.414 shall be only for the purposes of registration visit frequency and removal eligibility and shall not otherwise affect the analysis of whether registration is required under this section, added end, ; or 55 [(8)] New Label: (7), Any person who has been or is required to register in another state, territory, 56 the District of Columbia, or foreign country, or has been or is required to register under tribal, 57 federal, or military law and who works or attends an educational institution, whether public or 58 private in nature, including any secondary school, trade school, professional school, or 59 institution of higher education on a full-time or on a part-time basis or has a temporary 60 residence in Missouri. [Deleted Text, "Part-time" in this subdivision means for more than seven days in any twelve-month period., deleted end, 61 Deleted Text, "Part-time" in this subdivision means for more than seven days in any twelve-month period., deleted end, ] Added Text, Persons registering under this subdivision shall be assigned a tier under the provisions of section 589.414 and eligible for removal when meeting all other qualifications in sections 589.400 to 589.425. The tier assignment under section 589.414 shall be only for the purposes of registration visit frequency and removal eligibility and shall not otherwise affect the analysis of whether registration is required under this section., added end, 62 Added Text, Persons registering under this subdivision shall be assigned a tier under the provisions of section 589.414 and eligible for removal when meeting all other qualifications in sections 589.400 to 589.425. The tier assignment under section 589.414 shall be only for the purposes of registration visit frequency and removal eligibility and shall not otherwise affect the analysis of whether registration is required under this section., added end, 63 Added Text, Persons registering under this subdivision shall be assigned a tier under the provisions of section 589.414 and eligible for removal when meeting all other qualifications in sections 589.400 to 589.425. The tier assignment under section 589.414 shall be only for the purposes of registration visit frequency and removal eligibility and shall not otherwise affect the analysis of whether registration is required under this section., added end, 64 Added Text, Persons registering under this subdivision shall be assigned a tier under the provisions of section 589.414 and eligible for removal when meeting all other qualifications in sections 589.400 to 589.425. The tier assignment under section 589.414 shall be only for the purposes of registration visit frequency and removal eligibility and shall not otherwise affect the analysis of whether registration is required under this section., added end, 65 Added Text, Persons registering under this subdivision shall be assigned a tier under the provisions of section 589.414 and eligible for removal when meeting all other qualifications in sections 589.400 to 589.425. The tier assignment under section 589.414 shall be only for the purposes of registration visit frequency and removal eligibility and shall not otherwise affect the analysis of whether registration is required under this section., added end, 66 Added Text, Persons registering under this subdivision shall be assigned a tier under the provisions of section 589.414 and eligible for removal when meeting all other qualifications in sections 589.400 to 589.425. The tier assignment under section 589.414 shall be only for the purposes of registration visit frequency and removal eligibility and shall not otherwise affect the analysis of whether registration is required under this section., added end, 67 2. Any person Added Text, or juvenile, added end, to whom sections 589.400 to 589.425 apply shall, within 68 three business days of adjudication, release from incarceration, [Deleted Text, or, deleted end, ] placement upon 69 probation, Added Text, release from commitment to the division of youth services, release from the department of mental health, or release from other placement,, added end, 70 Added Text, release from commitment to the division of youth services, release from the department of mental health, or release from other placement,, added end, register with the [Deleted Text, chief law enforcement, deleted end, 71 Deleted Text, chief law enforcement, deleted end, ] Added Text, registration, added end, official of the county or city not within a county in which such 72 person Added Text, or juvenile, added end, resides unless such person has already registered in that county for the 73 same offense. [Deleted Text, For any juvenile under subdivision (6) of subsection 1 of this section, within three business days of adjudication or release from commitment to the division of youth services, the department of mental health, or other placement, such juvenile shall register with the chief law enforcement official of the county or city not within a county in which he or she resides unless he or she has already registered in such county or city not within a county for the same offense., deleted end, 74 Deleted Text, For any juvenile under subdivision (6) of subsection 1 of this section, within three business days of adjudication or release from commitment to the division of youth services, the department of mental health, or other placement, such juvenile shall register with the chief law enforcement official of the county or city not within a county in which he or she resides unless he or she has already registered in such county or city not within a county for the same offense., deleted end, HB 3068 9 75 services, the department of mental health, or other placement, such juvenile shall register with 76 the chief law enforcement official of the county or city not within a county in which he or she 77 resides unless he or she has already registered in such county or city not within a county for 78 the same offense.] Any person Added Text, or juvenile, added end, to whom sections 589.400 to 589.425 apply if not 79 currently registered in their county of residence shall register with the [Deleted Text, chief law enforcement, deleted end, 80 Deleted Text, chief law enforcement, deleted end, ] Added Text, registration, added end, official [Deleted Text, of such county or city not within a county, deleted end, ] within three 81 business days. The [Deleted Text, chief law enforcement, deleted end, ] Added Text, registration, added end, official shall forward a copy of the 82 registration form required by section 589.407 to a city, town, village, or campus law 83 enforcement agency located within the county of the [Deleted Text, chief law enforcement, deleted end, ] Added Text, registration, added end, 84 official. 85 3. [The registration requirements of sections 589.400 through 589.425 shall be as 86 provided under subsection 4 of this section unless: 87 Deleted paragraph: (1), All offenses requiring registration are reversed, vacated, or set aside; 88 Deleted paragraph: (2), The registrant is no longer required to register and his or her name shall be 89 removed from the registry under the provisions of section 589.414; or 90 Deleted paragraph: (3), The court orders the removal or exemption of such person from the registry under 91 section 589.401. 92 Deleted paragraph: 4.,] The registration requirements shall be as follows: 93 (1) Fifteen years if the offender is a tier I [Deleted Text, sex, deleted end, ] offender [Deleted Text, as provided under section 589.414, deleted end, 94 Deleted Text, as provided under section 589.414, deleted end, ]; 95 (2) Twenty-five years if the offender is a tier II [Deleted Text, sex, deleted end, ] offender [Deleted Text, as provided under section 589.414, deleted end, 96 Deleted Text, as provided under section 589.414, deleted end, ]; or 97 (3) The life of the offender if the offender is a tier III [Deleted Text, sex, deleted end, ] offender. 98 [5.] New Label: 4., (1) The registration period shall be reduced as described in subdivision (3) of 99 this subsection for a sex offender who maintains a clean record for the periods described 100 under subdivision (2) of this subsection by: 101 (a) Not being adjudicated of any offense for which imprisonment for more than one 102 year may be imposed; 103 (b) Not being adjudicated of any sex offense; 104 (c) Successfully completing any periods of supervised release, probation, or parole; 105 and 106 (d) Successfully completing an appropriate sex offender treatment program certified 107 by Added Text, a jurisdiction or, added end, the attorney general, 108 Added Text, , regardless of whether such program was court ordered or voluntary. If records of program completion are unavailable and completion of such program was required as a term of probation, an order discharging the offender from probation or other record acknowledging satisfactory completion of probation shall constitute prima facie evidence that the offender successfully completed the necessary sex offender treatment program unless rebutted by evidence to the contrary, added end, 109 Added Text, , regardless of whether such program was court ordered or voluntary. If records of program completion are unavailable and completion of such program was required as a term of probation, an order discharging the offender from probation or other record acknowledging satisfactory completion of probation shall constitute prima facie evidence that the offender successfully completed the necessary sex offender treatment program unless rebutted by evidence to the contrary, added end, 110 Added Text, , regardless of whether such program was court ordered or voluntary. If records of program completion are unavailable and completion of such program was required as a term of probation, an order discharging the offender from probation or other record acknowledging satisfactory completion of probation shall constitute prima facie evidence that the offender successfully completed the necessary sex offender treatment program unless rebutted by evidence to the contrary, added end, HB 3068 10 111 shall constitute prima facie evidence that the offender successfully completed the 112 necessary sex offender treatment program unless rebutted by evidence to the contrary. 113 (2) In the case of a: 114 (a) Tier I [Deleted Text, sex, deleted end, ] offender, the period during which the clean record shall be maintained 115 is ten years; 116 (b) Tier III [Deleted Text, sex, deleted end, ] offender adjudicated delinquent for the offense which required 117 registration in a sex offender registry under sections 589.400 to 589.425, the period during 118 which the clean record shall be maintained is twenty-five years. 119 (3) In the case of a: 120 (a) Tier I [Deleted Text, sex, deleted end, ] offender, the reduction is five years; 121 (b) Tier III [Deleted Text, sex, deleted end, ] offender adjudicated delinquent, the reduction is from life to that 122 period for which the clean record under paragraph (b) of subdivision (2) of this subsection is 123 maintained. 124 [6.] New Label: 5., For processing an initial sex offender registrationAdded Text, ,, added end, the [Deleted Text, chief law enforcement officer of the county or city not within a county, deleted end, 125 Deleted Text, chief law enforcement officer of the county or city not within a county, deleted end, ] Added Text, registration official, added end, may charge the offender 126 registering a fee of up to ten dollars. 127 [7.] New Label: 6., For processing any change in registration required pursuant to section 589.414Added Text, ,, added end, 128 the [Deleted Text, chief law enforcement, deleted end, ] Added Text, registration, added end, official [Deleted Text, of the county or city not within a county, deleted end, ] 129 may charge the person changing their registration a fee of five dollars for each change made 130 after the initial registration. 131 [Deleted paragraph: 8., Any person currently on the sexual offender registry or who otherwise would be 132 required to register for being adjudicated for the offense of felonious restraint of a nonsexual 133 nature when the victim was a child and he or she was the parent or guardian of the child, 134 nonsexual child abuse that was committed under section 568.060, or kidnapping of a 135 nonsexual nature when the victim was a child and he or she was the parent or guardian of the 136 child shall be removed from the registry. However, such person shall remain on the sexual 137 offender registry for any other offense for which he or she is required to register under 138 sections 589.400 to 589.425. 139 Deleted paragraph: 9., The following persons shall be exempt from registering as a sexual offender upon 140 petition to the court of jurisdiction under section 589.401; except that, such person shall 141 remain on the sexual offender registry for any other offense for which he or she is required to 142 register under sections 589.400 to 589.425: 143 Deleted paragraph: (1), Any person currently on the sexual offender registry or who otherwise would be 144 required to register for a sexual offense involving: 145 Deleted paragraph: (a), Sexual conduct where no force or threat of force was directed toward the victim or 146 any other individual involved, if the victim was an adult, unless the adult was under the 147 custodial authority of the offender at the time of the offense; or HB 3068 11 148 Deleted paragraph: (b), Sexual conduct where no force or threat of force was directed toward the victim, 149 the victim was at least fourteen years of age, and the offender was not more than four years 150 older than the victim at the time of the offense; or 151 Deleted paragraph: (2), Any person currently required to register for the following sexual offenses: 152 Deleted paragraph: (a), Promoting obscenity in the first degree under section 573.020; 153 Deleted paragraph: (b), Promoting obscenity in the second degree under section 573.030; 154 Deleted paragraph: (c), Furnishing pornographic materials to minors under section 573.040; 155 Deleted paragraph: (d), Public display of explicit sexual material under section 573.060; 156 Deleted paragraph: (e), Coercing acceptance of obscene material under section 573.065; 157 Deleted paragraph: (f), Trafficking for the purpose of slavery, involuntary servitude, peonage, or forced 158 labor under section 566.206; 159 Deleted paragraph: (g), Abusing an individual through forced labor under section 566.203; 160 Deleted paragraph: (h), Contributing to human trafficking through the misuse of documentation under 161 section 566.215; or 162 Deleted paragraph: (i), Acting as an international marriage broker and failing to provide the information 163 and notice as required under section 578.475. 164 Deleted paragraph: 10., Any person currently on the sexual offender registry for having been adjudicated 165 for a tier I or II offense or adjudicated delinquent for a tier III offense or other comparable 166 offenses listed under section 589.414 may file a petition under section 589.401.] 167 New paragraph: 7., Any person with a primary residence outside this state who has a temporary 168 residence in this state in which he or she resides for more than a part-time period shall 169 register with the registration official in the jurisdiction of the temporary residence in 170 accordance with this section for the duration of such person's temporary residency. 171 [11.] New Label: 8., Any [Deleted Text, nonresident worker, deleted end, ] Added Text, person who is not a resident of this state and not currently registered due to temporary residence under subsection 7 of this section and who works, added end, 172 Added Text, person who is not a resident of this state and not currently registered due to temporary residence under subsection 7 of this section and who works, added end, 173 Added Text, person who is not a resident of this state and not currently registered due to temporary residence under subsection 7 of this section and who works, added end, , including work as a volunteer or intern, or Added Text, is a, added end, nonresident student shall register 174 for the duration of such person's employment, including participation as a volunteer or intern, 175 or attendance at any school of higher educationAdded Text, ,, added end, whether public or private, including any 176 secondary school, trade school, professional school, or institution of higher education on a 177 full-time or part-time basis [Deleted Text, in this state unless granted relief under section 589.401. Any registered offender shall provide information regarding any place in which the offender is staying when away from his or her residence for seven or more days, including the period of time the offender is staying in such place. Any registered offender from another state who has a temporary residence in this state and resides more than seven days in a twelve-month period shall register for the duration of such person's temporary residency unless granted relief under section 589.401, deleted end, 178 Deleted Text, in this state unless granted relief under section 589.401. Any registered offender shall provide information regarding any place in which the offender is staying when away from his or her residence for seven or more days, including the period of time the offender is staying in such place. Any registered offender from another state who has a temporary residence in this state and resides more than seven days in a twelve-month period shall register for the duration of such person's temporary residency unless granted relief under section 589.401, deleted end, 179 Deleted Text, in this state unless granted relief under section 589.401. Any registered offender shall provide information regarding any place in which the offender is staying when away from his or her residence for seven or more days, including the period of time the offender is staying in such place. Any registered offender from another state who has a temporary residence in this state and resides more than seven days in a twelve-month period shall register for the duration of such person's temporary residency unless granted relief under section 589.401, deleted end, 180 Deleted Text, in this state unless granted relief under section 589.401. Any registered offender shall provide information regarding any place in which the offender is staying when away from his or her residence for seven or more days, including the period of time the offender is staying in such place. Any registered offender from another state who has a temporary residence in this state and resides more than seven days in a twelve-month period shall register for the duration of such person's temporary residency unless granted relief under section 589.401, deleted end, 181 Deleted Text, in this state unless granted relief under section 589.401. Any registered offender shall provide information regarding any place in which the offender is staying when away from his or her residence for seven or more days, including the period of time the offender is staying in such place. Any registered offender from another state who has a temporary residence in this state and resides more than seven days in a twelve-month period shall register for the duration of such person's temporary residency unless granted relief under section 589.401, deleted end, 182 Deleted Text, in this state unless granted relief under section 589.401. Any registered offender shall provide information regarding any place in which the offender is staying when away from his or her residence for seven or more days, including the period of time the offender is staying in such place. Any registered offender from another state who has a temporary residence in this state and resides more than seven days in a twelve-month period shall register for the duration of such person's temporary residency unless granted relief under section 589.401, deleted end, 183 Deleted Text, in this state unless granted relief under section 589.401. Any registered offender shall provide information regarding any place in which the offender is staying when away from his or her residence for seven or more days, including the period of time the offender is staying in such place. Any registered offender from another state who has a temporary residence in this state and resides more than seven days in a twelve-month period shall register for the duration of such person's temporary residency unless granted relief under section 589.401, deleted end, ], 184 Added Text, , as long as the status requiring registration remains active. Such registration shall occur in the county or city not within a county where the status requiring registration occurs. If more than one county or city not within a county meets the requirement, priority shall be in the following order:, added end, HB 3068 12 185 requiring registration occurs. If more than one county or city not within a county meets 186 the requirement, priority shall be in the following order: 187 Added Label: (1) Added Text, The county of work;, added end, 188 Added Label: (2) Added Text, The county of school; and, added end, 189 Added Label: (3) Added Text, The county of volunteering or any other required status,, added end, 190 191 Added Text, with registration being required at only the highest priority county or city not within a county where the registerable status remains, added end, 192 Added Text, with registration being required at only the highest priority county or city not within a county where the registerable status remains, added end, . 589.401. 1. A person on the sexual offender registry Added Text, of this state, added end, may file a petition 2 in the division of the circuit court in the county or city not within a county in which the 3 offense requiring registration was [Deleted Text, committed, deleted end, ] Added Text, adjudicated, added end, to have his or her name 4 Added Text, exempted or, added end, removed from the sexual offender registry Added Text, in accordance with this section, added end, . 5 2. New Label: (1), A person who is required to register in this state because of an offense that was 6 adjudicated in another jurisdiction shall file his or her petition for removal, 7 Added Text, , termination, or relief from registration, or the declaratory judgment providing for removal, termination, or relief from registration, added end, 8 Added Text, , termination, or relief from registration, or the declaratory judgment providing for removal, termination, or relief from registration, added end, according to the laws of the state, Added Text, federal,, added end, 9 territory, tribal, or military jurisdiction, the District of Columbia, or foreign country in which 10 his or her offense was adjudicated. Upon [Deleted Text, the grant of the petition for removal in the, deleted end, ] Added Text, entry of a judgment by a court of competent, added end, 11 Added Text, entry of a judgment by a court of competent, added end, jurisdiction [Deleted Text, where the offense was adjudicated, deleted end, ] 12 Added Text, providing that the person is no longer required to register as a sex offender under the laws of the adjudicating jurisdiction, added end, 13 Added Text, providing that the person is no longer required to register as a sex offender under the laws of the adjudicating jurisdiction, added end, , such judgment may be registered in this state by 14 sending the information required under subsection 5 of this section as well as one 15 authenticated copy of the order granting removal from the sexual offender registry in the 16 jurisdiction where the offense was adjudicated to the court in the county or city not within a 17 county in which the offender is required to register. On receipt of a request for registration 18 removal, the registering court shall cause the order to be filed as a foreign judgment, together 19 with one copy of the documents and information, regardless of their form. The petitioner 20 shall be responsible for costs associated with filing the petition. Added Text, Nothing in this subdivision shall be construed to remove any requirements for a petition under this section or to remove the requirement that a person prove he or she is entitled to removal under Missouri law, when applicable., added end, 21 Added Text, Nothing in this subdivision shall be construed to remove any requirements for a petition under this section or to remove the requirement that a person prove he or she is entitled to removal under Missouri law, when applicable., added end, 22 Added Text, Nothing in this subdivision shall be construed to remove any requirements for a petition under this section or to remove the requirement that a person prove he or she is entitled to removal under Missouri law, when applicable., added end, 23 son prove he or she is entitled to removal under Missouri law, when applicable., added end, 22 Added Text, Nothing in this subdivision shall be construed to remove any requirements for a petition under this section or to remove the requirement that a person prove he or she is entitled to removal under Missouri law, when applicable., added end, 23 Added Text, Nothing in this subdivision shall be construed to remove any requirements for a petition under this section or to remove the requirement that a person prove he or she is entitled to removal under Missouri law, when applicable., added end, 24 New paragraph: (2), A person required to register as an offender in this state based solely on an 25 offense adjudicated in another jurisdiction may file a petition for removal from this 26 state's sexual offender registry, provided that: 27 New paragraph: (a), The offense did not require the person to register as an offender in the 28 adjudicating jurisdiction at the time the offense was adjudicated; or HB 3068 13 29 New paragraph: (b), The person never resided, worked, or attended school in the adjudicating 30 jurisdiction and was never required to register in the adjudicating jurisdiction. 31 New paragraph: (3), A petition filed under subdivision (2) of this subsection shall otherwise satisfy 32 the requirements applicable to a petition filed under subdivision (1) of this subsection. 33 3. A person required to register as a tier III offender shall not file a petition under this 34 section unless the requirement to register results from a juvenile adjudication. 35 4. The petition shall be dismissed without prejudice if the following time periods 36 have not elapsed since the date the person was required to register for his or her most recent 37 offense under sections 589.400 to 589.425: 38 (1) For a tier I offense, ten years; 39 (2) For a tier II offense, twenty-five years; or 40 (3) For a tier III offense adjudicated delinquent, twenty-five years. 41 5. The petition shall be dismissed without prejudice if it fails to include any of the 42 following: 43 (1) The petitioner's: 44 (a) Full name, including any alias used by the [Deleted Text, individual, deleted end, ] Added Text, petitioner, added end, ; 45 (b) Sex; 46 (c) Race; 47 (d) Date of birth; 48 (e) Last four digits of the Social Security number; 49 (f) Address; and 50 (g) Place of employment, school, or volunteer status; 51 (2) The offense and tier of the offense that required the petitioner to register; 52 (3) The date the petitioner was adjudicated for the offense; 53 (4) The date the petitioner was required to register; 54 (5) The case number and court, including the county or city not within a county, that 55 entered the original order for the adjudicated sex offense; 56 (6) Petitioner's Added Text, original, added end, fingerprints on an applicant fingerprint card; 57 (7) If the petitioner was pardoned or an offense requiring registration was reversed, 58 vacated, or set aside, an authenticated copy of the order; and 59 (8) If the petitioner is currently registered under applicable law and has not been 60 adjudicated for failure to register in any jurisdiction and does not have any charges pending 61 for failure to register. 62 6. The petition shall name as respondents the Missouri state highway patrol and the 63 [Deleted Text, chief law enforcement, deleted end, ] Added Text, registration, added end, official in the county or city not within a county in 64 which the petition is filed. HB 3068 14 65 7. All proceedings under this section shall be governed under the Missouri supreme 66 court rules of civil procedure. 67 8. The person seeking removal or exemption from the registry shall provide the 68 prosecuting attorney in the circuit court in which the petition is filed with notice of the 69 petition. The prosecuting attorney may present evidence in opposition to the requested relief 70 or may otherwise demonstrate the reasons why the petition should be denied. Failure of the 71 person seeking removal or exemption from the registry to notify the prosecuting attorney of 72 the petition shall result in an automatic denial of such person's petition. 73 9. The Added Text, Missouri state highway patrol, the, added end, prosecuting attorney in the circuit court in 74 which the petition is filed, shall have access to all applicable records 75 concerning the petitioner including, but not limited to, criminal history records, mental health 76 records, juvenile records, and records of the department of corrections or probation and 77 parole. 78 10. The prosecuting attorney shall make reasonable efforts to notify the victim of the 79 crime for which the person was required to register of the petition and the dates and times of 80 any hearings or other proceedings in connection with such petition. 81 11. The court shall not enter an order directing the removal of the petitioner's name 82 from the sexual offender registry unless it finds the petitioner: 83 (1) Has not been adjudicated or does not have charges pending for any additional 84 nonsexual offense for which imprisonment for more than one year may be imposed since the 85 date the offender was required to register for his or her current tier level; 86 (2) Has not been adjudicated or does not have charges pending for any additional sex 87 offense that would require registration under sections 589.400 to 589.425 since the date the 88 offender was required to register for his or her current tier level, even if the offense was 89 punishable by less than one year imprisonment; 90 (3) Has successfully completed any required periods of supervised release, probation, 91 or parole without revocation since the date the offender was required to register for his or her 92 current tier level, 93 Added Text, , or, in the case of lifetime supervision or probation, such term has been reduced or terminated by a court of competent jurisdiction, added end, ; 94 (4) Has successfully completed an appropriate sex offender treatment program as 95 approved by a court of competent jurisdiction or the Missouri department of corrections; and 96 (5) Is not a current or potential threat to public safety. 97 12. In order to meet the criteria required by subdivisions (1) and (2) of subsection 11 98 of this section, the fingerprints filed in the case shall be examined by the Missouri state 99 highway patrol. The petitioner shall be responsible for all costs associated with the 100 fingerprint-based criminal history check of both state and federal files under section 43.530. HB 3068 15 101 13. If the petition is denied due to an adjudication in violation of subdivision (1) or 102 (2) of subsection 11 of this section, the petitioner shall not file a new petition under this 103 section until: 104 (1) Fifteen years have passed from the date of the adjudication resulting in the denial 105 of relief if the petitioner is classified as a tier I offender; 106 (2) Twenty-five years have passed from the date of adjudication resulting in the 107 denial of relief if the petitioner is classified as a tier II offender; or 108 (3) Twenty-five years have passed from the date of the adjudication resulting in the 109 denial of relief if the petitioner is classified as a tier III offender on the basis of a juvenile 110 adjudication. 111 14. If the petition is denied due to the petitioner having charges pending in violation 112 of subdivision (1) or (2) of subsection 11 of this section, the petitioner shall not file a new 113 petition under this section until: 114 (1) The pending charges resulting in the denial of relief have been finally disposed of 115 in a manner other than adjudication; or 116 (2) If the pending charges result in an adjudication, the necessary time period has 117 elapsed under subsection 13 of this section. 118 15. New Label: (1), Added Text, Except as provided in subdivision (2) of this subsection,, added end, if the petition is 119 denied for reasons other than those outlined in subsection 11 of this section, no successive 120 petition requesting such relief shall be filed for at least five years from the date the judgment 121 denying relief is entered. 122 New paragraph: (2), If the denial was based on a statute or law that has since been amended, 123 repealed, or invalidated, a person may file a new petition within the five-year period. In 124 addition to the requirements under subsection 5 of this section, the new petition shall 125 include the case number and court of the prior petition and identify the applicable 126 change in the statute or law. 127 16. If the court finds the petitioner is entitled to have his or her name removed from 128 the sexual offender registry, the court shall enter judgment directing the removal of the name. 129 A copy of the judgment shall be provided to the respondents named in the petition. 130 17. Any person subject to the judgment requiring his or her name to be removed from 131 the sexual offender registry is not required to register under sections 589.400 to 589.425 132 unless such person is required to register for an offense that was different from that listed on 133 the judgment of removal. 134 18. The court shall not deny the petition unless the petition failed to comply with the 135 provisions of sections 589.400 to 589.425 or the prosecuting attorney provided evidence 136 demonstrating the petition should be denied. HB 3068 16 137 New paragraph: 19., New paragraph: (1), The provisions of subsections 3 and 4 of this section shall not apply to 138 persons filing for exemption pursuant to this subsection. 139 New paragraph: (2), Except as provided in this subsection, a petition for exemption shall be 140 governed by the other requirements provided in this section. 141 New paragraph: (3), A petition for exemption under this subsection shall be the exclusive remedy 142 for adjudicating the applicability of the exemptions in this subsection. 143 New paragraph: (4), A person shall be ordered exempt from registration if the person meets the 144 requirements of this section and the offense requiring registration is: 145 New paragraph: (a), Sexual conduct where no force or threat of force was directed toward the 146 victim, the victim was at least fourteen years of age, and the person was not more than 147 four years older than the victim at the time of the offense, unless the victim was under 148 the custodial authority of the offender at the time of the offense; 149 New paragraph: (b), Sexual conduct where no force or threat of force was directed toward the 150 victim or any other individual involved if the victim or other individual was eighteen 151 years of age or older, unless the victim was under the custodial authority of the offender 152 at the time of the offense; 153 New paragraph: (c), Promoting obscenity in the first degree under section 573.020; 154 New paragraph: (d), Promoting obscenity in the second degree under section 573.030; 155 New paragraph: (e), Furnishing pornographic materials to minors under section 573.040; 156 New paragraph: (f), Public display of explicit sexual material under section 573.060; or 157 New paragraph: (g), Coercing acceptance of obscene material under section 573.065. 158 New paragraph: (5), The person shall have the burden of proving the person meets the 159 requirements for exemption. In determining whether the person meets the 160 requirements, a court may look beyond the offense of conviction and consider the 161 underlying facts and conduct of the offense when evaluating noncategorical exemptions. 162 New paragraph: (6), If a court determines a person to be exempt, the provisions of sections 163 589.400 to 589.425 shall not apply for the purposes of the exempt offense. In the event a 164 person currently registering is found to be exempt from the registration visit 165 requirements, the person shall also be removed from the sexual offender registry. 166 New paragraph: (7), Nothing in this subsection shall prohibit a person from remaining or being 167 placed on the sexual offender registry for any other nonexempt offense for which the 168 person is required to register under sections 589.400 to 589.425. 169 New paragraph: (8), If a petition for exemption is filed before a person is required to register 170 under sections 589.400 to 589.425, the requirements of sections 589.400 to 589.425 shall 171 be automatically stayed pending the outcome. In the event a petition is denied, the 172 requirements of sections 589.400 to 589.425 shall be in effect three business days 173 following the exhaustion of all appeal rights. Nothing in this subdivision shall alter or be HB 3068 17 174 construed to give any court authority to alter ongoing requirements for persons whose 175 initial registration requirement begins prior to the filing of a petition for exemption until 176 a final order of exemption is entered. 177 New paragraph: 20., The provisions of subsections 3 and 4 of this section shall not apply to 178 persons filing for removal if the offense requiring registration is reversed, vacated, or set 179 aside. A petition for removal due to the offense being reversed, vacated, or set aside 180 shall be filed in accordance with all other requirements of this section and shall be the 181 exclusive remedy for removal in such situations. Such petition shall include a certified 182 copy of the action reversing, vacating, or setting aside the offense requiring registration. 183 New paragraph: 21., This section shall be the sole remedy for removal or exemption for persons 184 adjudicated of a registerable offense. No declaratory action shall be filed for relief from 185 registration requirements, except if registration, or threat thereof, is the result of an 186 offense never requiring registration. Nothing in this subsection shall be construed to 187 prohibit the filing of a declaratory action solely on the issue of what tier an offender 188 should be classified under. 589.403. 1. Any person who is required to register under sections 589.400 to 589.425 2 and who is paroled, discharged, or otherwise released from any correctional facility of the 3 department of corrections, any mental health institution, private jail under section 221.095, or 4 other private facility recognized by or contracted with the department of corrections or 5 department of mental health where such person was confined shall: 6 (1) If the person plans to reside in this state, be informed by the official in charge of 7 such correctional facility, private jail, or mental health institution of the person's possible duty 8 to register pursuant to sections 589.400 to 589.425. If such person is required to register 9 pursuant to sections 589.400 to 589.425, the official in charge of the correctional facility, 10 private jail, or the mental health institution shall complete the initial registration notification 11 at least seven days prior to release and [Deleted Text, forward, deleted end, ] Added Text, report, added end, the offender's Added Text, initial, added end, registration[Deleted Text, ,, deleted end, ] 12 Added Text, notification in accordance with subsection 1 of section 589.410, added end, within three business days 13 of release[Deleted Text, ,, deleted end, ] to the Missouri state highway patrol and the [Deleted Text, chief law enforcement, deleted end, ] Added Text, registration, added end, 14 official of the county or city not within a county where the person expects to reside upon 15 discharge, parole, or release; or 16 (2) If the person does not reside or plan to reside in Missouri, be informed by the 17 official in charge of such correctional facility, private jail, or mental health institution of the 18 person's possible duty to register under sections 589.400 to 589.425. If such person is 19 required to register under sections 589.400 to 589.425, the official in charge of the 20 correctional facility, private jail, or [Deleted Text, the, deleted end, ] mental health institution shall complete the initial 21 registration notification at least seven days prior to release and [Deleted Text, forward, deleted end, ] Added Text, report, added end, the 22 offender's Added Text, initial, added end, registration[Deleted Text, ,, deleted end, ] Added Text, notification in accordance with subsection 1 of section 589.410, added end, HB 3068 18 23 589.410 within three business days of release[Deleted Text, ,, deleted end, ] to the Missouri state highway patrol and the 24 [Deleted Text, chief law enforcement, deleted end, ] Added Text, registration, added end, official [Deleted Text, within, deleted end, ] Added Text, of, added end, the county or city not within a 25 county where the correctional facility, private jail, or mental health institution is located. 26 2. If the offender refuses to complete and sign the registration information as outlined 27 in this section or fails to register with the [Deleted Text, chief law enforcement, deleted end, ] Added Text, registration, added end, official within 28 three business days as directed, the offender commits the offense of failure to register under 29 section 589.425 within the jurisdiction where the correctional facility, private jail, or mental 30 health institution is located. 589.404. As used in sections 589.400 to 589.425, the following terms mean: 2 (1) "Adjudicated" or "adjudication", adjudication of delinquency, a finding of guilt, 3 plea of guilt, finding of not guilty due to mental disease or defect, or plea of nolo contendere 4 to committing, attempting to commit, or conspiring to commitAdded Text, . Adjudication does not require the imposition of sentence for the purposes of sections 589.400 to 589.425. The term "adjudication" shall include by reference all acts meeting the definition of "conviction" under Section 111 of the Sex Offender Registration and Notification Act, Title I of the Adam Walsh Child Protection and Safety Act of 2006, P.L. 109-248, as amended, added end, 5 Added Text, . Adjudication does not require the imposition of sentence for the purposes of sections 589.400 to 589.425. The term "adjudication" shall include by reference all acts meeting the definition of "conviction" under Section 111 of the Sex Offender Registration and Notification Act, Title I of the Adam Walsh Child Protection and Safety Act of 2006, P.L. 109-248, as amended, added end, 6 Added Text, . Adjudication does not require the imposition of sentence for the purposes of sections 589.400 to 589.425. The term "adjudication" shall include by reference all acts meeting the definition of "conviction" under Section 111 of the Sex Offender Registration and Notification Act, Title I of the Adam Walsh Child Protection and Safety Act of 2006, P.L. 109-248, as amended, added end, 7 Added Text, . Adjudication does not require the imposition of sentence for the purposes of sections 589.400 to 589.425. The term "adjudication" shall include by reference all acts meeting the definition of "conviction" under Section 111 of the Sex Offender Registration and Notification Act, Title I of the Adam Walsh Child Protection and Safety Act of 2006, P.L. 109-248, as amended, added end, 8 Added Text, . Adjudication does not require the imposition of sentence for the purposes of sections 589.400 to 589.425. The term "adjudication" shall include by reference all acts meeting the definition of "conviction" under Section 111 of the Sex Offender Registration and Notification Act, Title I of the Adam Walsh Child Protection and Safety Act of 2006, P.L. 109-248, as amended, added end, 9 Added Text, . Adjudication does not require the imposition of sentence for the purposes of sections 589.400 to 589.425. The term "adjudication" shall include by reference all acts meeting the definition of "conviction" under Section 111 of the Sex Offender Registration and Notification Act, Title I of the Adam Walsh Child Protection and Safety Act of 2006, P.L. 109-248, as amended, added end, ; 10 (2) "Adjudicated delinquent", a person found to have committed an offense that, if 11 committed by an adult, would be a criminal offense; 12 (3) "Chief law enforcement official", the sheriff's office of each county or the police 13 department of a city not within a county; 14 (4) Added Text, "Electronic mail", the transmission of information or communication by the use of the internet, a computer, a facsimile machine, a pager, a cellular telephone or other wireless communication device, a video recorder, or other electronic means sent to a person identified by a unique address or address number and received by that person;, added end, 15 Added Text, "Electronic mail", the transmission of information or communication by the use of the internet, a computer, a facsimile machine, a pager, a cellular telephone or other wireless communication device, a video recorder, or other electronic means sent to a person identified by a unique address or address number and received by that person;, added end, 16 Added Text, "Electronic mail", the transmission of information or communication by the use of the internet, a computer, a facsimile machine, a pager, a cellular telephone or other wireless communication device, a video recorder, or other electronic means sent to a person identified by a unique address or address number and received by that person;, added end, 17 Added Text, "Electronic mail", the transmission of information or communication by the use of the internet, a computer, a facsimile machine, a pager, a cellular telephone or other wireless communication device, a video recorder, or other electronic means sent to a person identified by a unique address or address number and received by that person;, added end, 18 New paragraph: (5), "Entity", a business or organization that provides internet service, electronic 19 communications service, remote computing service, online service, electronic mail 20 service, or electronic instant message or chat services regardless of whether the business 21 or organization is within or outside this state; 22 New paragraph: (6), "Instant message", a form of real-time text communication between two or 23 more people. The communication is conveyed via computers connected over a network 24 such as the internet, or between cell phone or wireless communication device users, or 25 over a cell phone or wireless communication device network; 26 New Label: (7), "Offender registration", the required minimum informational content of sex 27 offender registries, which shall consist of, but not be limited to, a full set of fingerprints on a 28 standard sex offender registration card upon initial registration in Missouri, as well as all HB 3068 19 29 other forms Added Text, and in whatever manner, added end, required by the Missouri state highway patrol upon 30 each initial and subsequent registration; 31 [(5)] New Label: (8), Added Text, "Online identifier", includes all of the following: electronic mail address, instant message screen name, user ID, cell phone number or wireless communication device number or identifier, chat or other internet communication name, social media profiles, IP addresses, or other identity information specified on the registration form by the Missouri state highway patrol;, added end, 32 Added Text, "Online identifier", includes all of the following: electronic mail address, instant message screen name, user ID, cell phone number or wireless communication device number or identifier, chat or other internet communication name, social media profiles, IP addresses, or other identity information specified on the registration form by the Missouri state highway patrol;, added end, 33 Added Text, "Online identifier", includes all of the following: electronic mail address, instant message screen name, user ID, cell phone number or wireless communication device number or identifier, chat or other internet communication name, social media profiles, IP addresses, or other identity information specified on the registration form by the Missouri state highway patrol;, added end, 34 Added Text, "Online identifier", includes all of the following: electronic mail address, instant message screen name, user ID, cell phone number or wireless communication device number or identifier, chat or other internet communication name, social media profiles, IP addresses, or other identity information specified on the registration form by the Missouri state highway patrol;, added end, 35 Added Text, "Online identifier", includes all of the following: electronic mail address, instant message screen name, user ID, cell phone number or wireless communication device number or identifier, chat or other internet communication name, social media profiles, IP addresses, or other identity information specified on the registration form by the Missouri state highway patrol;, added end, 36 New paragraph: (9), "Part-time", more than seven days in any twelve-month period; 37 New paragraph: (10), "Probation officer", includes any agent of a private entity assigned to 38 provide probation supervision services to an offender due to the offender's status as a 39 sexual offender who is required to register pursuant to sections 589.400 to 589.425; 40 New paragraph: (11), "Registration official", the chief law enforcement official for the county or 41 city not within a county in which the offender is required to register; 42 New Label: (12), "Residence", [Deleted Text, any place where an offender sleeps for seven or more consecutive or nonconsecutive days or nights within a twelve-month period, deleted end, 43 Deleted Text, any place where an offender sleeps for seven or more consecutive or nonconsecutive days or nights within a twelve-month period, deleted end, ] Added Text, the domicile of the offender, added end, 44 Added Text, the domicile of the offender, added end, ; 45 [(6)] New Label: (13), "Sex offender", any person who meets the criteria to register under sections 46 589.400 to 589.425 or Added Text, under, added end, the Sex Offender Registration and Notification Act, Title I of 47 the Adam Walsh Child Protection and Safety Act of 2006, P.L. 109-248, ; 48 [(7)] New Label: (14), Added Text, "Sex offender registry", a system maintained by the Missouri state highway patrol to collect, store, and disseminate all initial notification information, registration information, offender status, and all other information required under sections 589.400 to 589.425. The sex offender registry is a distinct system from the website maintained by the Missouri state highway patrol, which displays a distinct set of information contained within the sex offender registry publicly on the web in accordance with this section;, added end, 49 Added Text, "Sex offender registry", a system maintained by the Missouri state highway patrol to collect, store, and disseminate all initial notification information, registration information, offender status, and all other information required under sections 589.400 to 589.425. The sex offender registry is a distinct system from the website maintained by the Missouri state highway patrol, which displays a distinct set of information contained within the sex offender registry publicly on the web in accordance with this section;, added end, 50 Added Text, "Sex offender registry", a system maintained by the Missouri state highway patrol to collect, store, and disseminate all initial notification information, registration information, offender status, and all other information required under sections 589.400 to 589.425. The sex offender registry is a distinct system from the website maintained by the Missouri state highway patrol, which displays a distinct set of information contained within the sex offender registry publicly on the web in accordance with this section;, added end, 51 Added Text, "Sex offender registry", a system maintained by the Missouri state highway patrol to collect, store, and disseminate all initial notification information, registration information, offender status, and all other information required under sections 589.400 to 589.425. The sex offender registry is a distinct system from the website maintained by the Missouri state highway patrol, which displays a distinct set of information contained within the sex offender registry publicly on the web in accordance with this section;, added end, 52 Added Text, "Sex offender registry", a system maintained by the Missouri state highway patrol to collect, store, and disseminate all initial notification information, registration information, offender status, and all other information required under sections 589.400 to 589.425. The sex offender registry is a distinct system from the website maintained by the Missouri state highway patrol, which displays a distinct set of information contained within the sex offender registry publicly on the web in accordance with this section;, added end, 53 Added Text, "Sex offender registry", a system maintained by the Missouri state highway patrol to collect, store, and disseminate all initial notification information, registration information, offender status, and all other information required under sections 589.400 to 589.425. The sex offender registry is a distinct system from the website maintained by the Missouri state highway patrol, which displays a distinct set of information contained within the sex offender registry publicly on the web in accordance with this section;, added end, 54 Added Text, "Sex offender registry", a system maintained by the Missouri state highway patrol to collect, store, and disseminate all initial notification information, registration information, offender status, and all other information required under sections 589.400 to 589.425. The sex offender registry is a distinct system from the website maintained by the Missouri state highway patrol, which displays a distinct set of information contained within the sex offender registry publicly on the web in accordance with this section;, added end, 55 New Label: (15), "Sex offense", any offense [Deleted Text, which, deleted end, ] Added Text, that, added end, is listed [Deleted Text, under section 589.414 or comparable to those listed under section 589.414 or otherwise, deleted end, 56 Deleted Text, under section 589.414 or comparable to those listed under section 589.414 or otherwise, deleted end, ] Added Text, as a tier I offense, tier II offense, or tier III offense, that is, added end, 57 Added Text, as a tier I offense, tier II offense, or tier III offense, that is, added end, comparable to offenses Added Text, listed as a tier I offense, tier II offense, or tier III offense, or that is otherwise comparable to offenses, added end, 58 Added Text, listed as a tier I offense, tier II offense, or tier III offense, or that is otherwise comparable to offenses, added end, covered under the 59 Sex Offender Registration and Notification Act, Title I of the Adam Walsh Child Protection 60 and Safety Act of 2006, P.L. 109-248, ; 61 [(8)] New Label: (16), "Sexual act", any type or degree of genital, oral, or anal penetration; 62 [(9)] New Label: (17), "Sexual conduct", sexual intercourse, deviate sexual intercourse, or sexual 63 contact; 64 [(10)] New Label: (18), "Sexual contact", any touching of another person with the genitals or any 65 touching of the genitals or anus of another person, or the breast of a female person, or such HB 3068 20 66 touching through the clothing, or causing semen, seminal fluid, or other ejaculate to come 67 into contact with another person, for the purpose of arousing or gratifying the sexual desire of 68 any person or for the purpose of terrorizing the victim; 69 [(11)] New Label: (19), "Sexual element", used for the purposes of distinguishing if sexual contact 70 or a sexual act was committed. Authorities shall refer to information filed by the prosecutor, 71 amended information filed by the prosecutor, indictment information filed by the prosecutor, 72 or amended indictment information filed by the prosecutor, the plea agreement, or court 73 documentation to determine if a sexual element exists; 74 [(12)] New Label: (20), "Signature", the name of the offender signed in writing or electronic form 75 approved by the Missouri state highway patrol; 76 [(13)] New Label: (21), "Student", an individual who enrolls in or attends the physical location of 77 an educational institution, including a public or private secondary school, trade or 78 professional school, or an institution of higher education; 79 [(14)] New Label: (22), Added Text, "Temporary residence", any place where a person sleeps for seven or more consecutive or nonconsecutive days or nights within a twelve-month period, other than the person's domicile;, added end, 80 Added Text, "Temporary residence", any place where a person sleeps for seven or more consecutive or nonconsecutive days or nights within a twelve-month period, other than the person's domicile;, added end, 81 Added Text, "Temporary residence", any place where a person sleeps for seven or more consecutive or nonconsecutive days or nights within a twelve-month period, other than the person's domicile;, added end, 82 New paragraph: (23), "Tier I offender": 83 New paragraph: (a), An individual who has been adjudicated for a tier I offense; or 84 New paragraph: (b), Any offender who is or has been adjudicated in any other state, territory, the 85 District of Columbia, or foreign country, or under federal, tribal, or military 86 jurisdiction for an offense comparable to a tier I offense or that meets the definition 87 of a tier I offense under the Sex Offender Registration and Notification Act, Title I of the 88 Adam Walsh Child Protection and Safety Act of 2006, P.L. 109-248, as amended; 89 New paragraph: (24), "Tier II offender": 90 New paragraph: (a), An individual who has been adjudicated for a tier II offense; or 91 New paragraph: (b), Any offender who is adjudicated for an offense comparable to a tier I offense 92 or failure to register offense under section 589.425 or comparable out-of-state failure to 93 register offense and who is already required to register as a tier I offender due to having 94 been adjudicated of a tier I offense on a previous occasion; or 95 New paragraph: (c), Any offender who is or has been adjudicated in any other state, territory, the 96 District of Columbia, or foreign country, or under federal, tribal, or military 97 jurisdiction for an offense of a sexual nature or with a sexual element that is 98 comparable to a tier II offense or that meets the definition of a tier II offense under the 99 Sex Offender Registration and Notification Act, Title I of the Adam Walsh Child 100 Protection and Safety Act of 2006, P.L. 109-248, as amended; 101 New paragraph: (25), "Tier III offender": 102 New paragraph: (a), An individual who has been adjudicated for a tier III offense; HB 3068 21 103 New paragraph: (b), Any offender registered as a predatory sexual offender or a persistent sexual 104 offender, as the terms "predatory sexual offender" and "persistent sexual offender" are 105 defined in section 566.125; 106 New paragraph: (c), Any offender who is adjudicated for an offense comparable to a tier I offense 107 or tier II offense or failure to register offense under section 589.425, or other 108 comparable out-of-state failure to register offense, who has been or is already required 109 to register as a tier II offender because of having been adjudicated for a tier II offense, 110 two tier I offenses, or a combination of a tier I offense and a failure to register offense, 111 on a previous occasion; 112 New paragraph: (d), Any offender who is adjudicated in any other state, territory, the District of 113 Columbia, or foreign country, or under federal, tribal, or military jurisdiction for an 114 offense of a sexual nature or with a sexual element that is comparable to a tier III 115 offense or that meets the definition of a tier III offense under the Sex Offender 116 Registration and Notification Act, Title I of the Adam Walsh Child Protection and 117 Safety Act of 2006, P.L. 109-248, as amended; or 118 New paragraph: (e), Any offender who is adjudicated in this state for any offense of a sexual 119 nature or with a sexual element requiring registration under sections 589.400 to 589.425 120 that is not classified as a tier I offense or tier II offense in this section; 121 New paragraph: (26), "Tier I offense", the following adjudicated offenses: 122 New paragraph: (a), Kidnapping in the first degree under section 565.110 with sexual motivation 123 if the victim is eighteen years of age or older; 124 New paragraph: (b), Kidnapping in the second degree under section 565.120 with sexual 125 motivation if the victim is eighteen years of age or older; 126 New paragraph: (c), Kidnapping in the third degree under section 565.130 with sexual motivation 127 if the victim is eighteen years of age or older; 128 New paragraph: (d), Invasion of privacy under section 565.252 if the victim is less than eighteen 129 years of age; 130 New paragraph: (e), Child molestation in the second degree under section 566.068 as it existed 131 prior to January 1, 2017, if the punishment is less than one year; 132 New paragraph: (f), Sexual misconduct involving a child under section 566.083 if it is a first 133 offense and the punishment is less than one year; 134 New paragraph: (g), Sexual misconduct in the first degree under section 566.093; 135 New paragraph: (h), Sexual misconduct in the second degree under section 566.095; 136 New paragraph: (i), Sexual abuse in the first degree under section 566.100 if the victim is eighteen 137 years of age or older; 138 New paragraph: (j), Sexual abuse in the second degree under section 566.101 if the punishment is 139 less than a year; HB 3068 22 140 New paragraph: (k), Sex with an animal under section 566.111; 141 New paragraph: (l), Sexual conduct with a nursing facility resident or vulnerable person in the 142 first degree under section 566.115 if the punishment is less than one year; 143 New paragraph: (m), Sexual conduct under section 566.116 with a nursing facility resident or 144 vulnerable person; 145 New paragraph: (n), Sexual conduct in the course of public duty under section 566.145 if the 146 victim is eighteen years of age or older; 147 New paragraph: (o), Trafficking for the purpose of sexual exploitation under section 566.209 if the 148 victim is eighteen years of age or older; 149 New paragraph: (p), Promoting obscenity in the first degree under section 573.020 if the victim is 150 less than eighteen years of age; 151 New paragraph: (q), Promoting pornography for minors or obscenity in the second degree under 152 section 573.030 if the victim is less than eighteen years of age; 153 New paragraph: (r), Possession of child pornography under section 573.037; 154 New paragraph: (s), Furnishing pornographic material to minors under section 573.040; 155 New paragraph: (t), Public display of explicit sexual material under section 573.060 if the victim is 156 less than eighteen years of age; or 157 New paragraph: (u), Coercing acceptance of obscene material under section 573.065 if the victim 158 is less than eighteen years of age; 159 New paragraph: (27), "Tier II offense", the following adjudicated offenses: 160 New paragraph: (a), Statutory sodomy in the second degree under section 566.064 if the victim is 161 sixteen to seventeen years of age; 162 New paragraph: (b), Child molestation in the third degree under section 566.069 if the victim is 163 between thirteen and fourteen years of age; 164 New paragraph: (c), Child molestation in the fourth degree under section 566.071 if the victim is 165 thirteen to seventeen years of age; 166 New paragraph: (d), Sexual misconduct involving a child under section 566.083 if it is a first 167 offense and the penalty is a term of imprisonment of one year or more; 168 New paragraph: (e), Sexual contact with a student under section 566.086 if the victim is thirteen to 169 seventeen years of age; 170 New paragraph: (f), Sexual abuse in the first degree under section 566.100 if the victim is thirteen 171 to seventeen years of age; 172 New paragraph: (g), Sexual conduct in the course of public duty under section 566.145 if the 173 victim is thirteen to seventeen years of age; 174 New paragraph: (h), Enticement of a child under section 566.151; 175 New paragraph: (i), Age misrepresentation with intent to solicit a minor under section 566.153; HB 3068 23 176 New paragraph: (j), Patronizing prostitution under section 567.030 if the person patronized is 177 eighteen years of age or older; 178 New paragraph: (k), Promoting prostitution in the first degree under section 567.050 if the victim 179 is eighteen years of age or older; 180 New paragraph: (l), Promoting prostitution in the second degree under section 567.060 if the 181 victim is eighteen years of age or older; 182 New paragraph: (m), Promoting prostitution in the third degree under section 567.070 if the 183 victim is eighteen years of age or older; 184 New paragraph: (n), Abuse of a child under section 568.060 if the offense is of a sexual nature and 185 the victim is thirteen to seventeen years of age; 186 New paragraph: (o), Sexual exploitation of a minor under section 573.023; 187 New paragraph: (p), Promoting child pornography in the first degree under section 573.025; or 188 New paragraph: (q), Promoting child pornography in the second degree under section 573.035; 189 New paragraph: (28), "Tier III offense", the following adjudicated offenses: 190 New paragraph: (a), Kidnapping in the first degree under section 565.110 if the victim is under 191 eighteen years of age, excluding kidnapping by a parent or guardian of a nonsexual 192 nature; 193 New paragraph: (b), Kidnapping in the second degree under section 565.120 if the victim is under 194 eighteen years of age, excluding kidnapping by a parent or guardian of a nonsexual 195 nature; 196 New paragraph: (c), Kidnapping in the third degree under section 565.130 if the victim is under 197 eighteen years of age, excluding kidnapping by a parent or guardian of a nonsexual 198 nature; 199 New paragraph: (d), Child kidnapping under section 565.115; 200 New paragraph: (e), Rape in the first degree under section 566.030; 201 New paragraph: (f), Rape in the second degree under section 566.031; 202 New paragraph: (g), Statutory rape in the first degree under section 566.032; 203 New paragraph: (h), Statutory rape in the second degree under section 566.034; 204 New paragraph: (i), Sodomy in the first degree under section 566.060; 205 New paragraph: (j), Sodomy in the second degree under section 566.061; 206 New paragraph: (k), Statutory sodomy in the first degree under section 566.062; 207 New paragraph: (l), Statutory sodomy in the second degree under section 566.064 if the victim is 208 under sixteen years of age; 209 New paragraph: (m), Child molestation in the first degree under section 566.067; 210 New paragraph: (n), Child molestation in the second degree under section 566.068; 211 New paragraph: (o), Child molestation in the third degree under section 566.069 if the victim is 212 under thirteen years of age; HB 3068 24 213 New paragraph: (p), Child molestation in the fourth degree under section 566.071 if the victim is 214 under thirteen years of age; 215 New paragraph: (q), Sexual misconduct involving a child under section 566.083 if the offense is a 216 second or subsequent offense; 217 New paragraph: (r), Sexual contact with a student under section 566.086 if the victim is under 218 thirteen years of age; 219 New paragraph: (s), Sexual abuse in the first degree under section 566.100 if the victim is under 220 thirteen years of age; 221 New paragraph: (t), Sexual abuse in the second degree under section 566.101 if the penalty is a 222 term of imprisonment of one year or more; 223 New paragraph: (u), Sexual conduct with a nursing facility resident or vulnerable person in the 224 first degree under section 566.115 if the punishment is one year or more; 225 New paragraph: (v), Sexual conduct in the course of public duty under section 566.145 if the 226 victim is under thirteen years of age; 227 New paragraph: (w), Trafficking for the purpose of sexual exploitation under section 566.209 if 228 the victim is under eighteen years of age; 229 New paragraph: (x), Sexual trafficking of a child in the first degree under section 566.210; 230 New paragraph: (y), Sexual trafficking of a child in the second degree under section 566.211; 231 New paragraph: (z), Patronizing prostitution under section 567.030 if the offender is a persistent 232 offender or if the person patronized is less than eighteen years of age; 233 New paragraph: (aa), Promoting prostitution in the first degree under section 567.050 if the victim 234 is under eighteen years of age; 235 New paragraph: (bb), Promoting prostitution in the second degree under section 567.060 if the 236 victim is under eighteen years of age; 237 New paragraph: (cc), Promoting prostitution in the third degree under section 567.070 if the 238 victim is under eighteen years of age; 239 New paragraph: (dd), Promoting travel for prostitution under section 567.085 if the victim is 240 under eighteen years of age; 241 New paragraph: (ee), Incest under section 568.020; 242 New paragraph: (ff), Endangering the welfare of a child in the first degree under section 568.045 if 243 the offense is sexual in nature; 244 New paragraph: (gg), Endangering the welfare of a child in the first degree under 245 section 568.045 with sexual intercourse or deviate sexual intercourse with a victim 246 under eighteen years of age; 247 New paragraph: (hh), Abuse of a child under section 568.060 if the offense is of a sexual nature 248 and the victim is under thirteen years of age; 249 New paragraph: (ii), Genital mutilation of a female child under section 568.065; HB 3068 25 250 New paragraph: (jj), Use of a child in a sexual performance under section 573.200; or 251 New paragraph: (kk), Promoting a sexual performance by a child under section 573.205; 252 New Label: (29), "Vehicle", any land vehicle, watercraft, or aircraft. 589.405. 1. Any person who is required to register under sections 589.400 to 589.425 2 and who is released on probation, discharged upon payment of a fine, or released after 3 confinement in a county jail shall, prior to such release or discharge and at the time of 4 adjudication, be informed of the possible duty to register pursuant to sections 589.400 to 5 589.425 by the court having jurisdiction over the case. If such person is required to register 6 pursuant to sections 589.400 to 589.425 and is placed on probation, the court shall make it a 7 condition of probation that the offender report within three business days to the [Deleted Text, chief law enforcement, deleted end, 8 Deleted Text, chief law enforcement, deleted end, ] Added Text, registration, added end, official of the county of adjudication or city not within a county of 9 adjudication to complete initial registration. If such offender is not placed on probation, the 10 court shall: 11 (1) If the offender resides in Missouri, complete the initial notification of duty to 12 register form approved by the state judicial records committee and the Missouri state highway 13 patrol and forward the form within three business days to the Missouri state highway patrol 14 and the [Deleted Text, chief law enforcement, deleted end, ] Added Text, registration, added end, official in the county or city not within a county 15 in which the offender resides; or 16 (2) If the offender does not reside in Missouri: 17 (a) Order the offender to report directly to the [Deleted Text, chief law enforcement, deleted end, ] Added Text, registration, added end, 18 official in the county or city not within a county where the adjudication was heard to register 19 as provided in sections 589.400 to 589.425; and 20 (b) Complete the initial notification of duty to register form approved by the state 21 judicial records committee and the Missouri state highway patrol and forward the form within 22 three business days to the Missouri state highway patrol and the [Deleted Text, chief law enforcement, deleted end, ] 23 Added Text, registration, added end, official in the county or city not within a county where the offender was 24 adjudicated. 25 2. If the offender resides in Missouri and refuses to complete and sign the registration 26 information as provided in subdivision (1) of subsection 1 of this section, or if the offender 27 resides outside of Missouri and refuses to directly report to the [Deleted Text, chief law enforcement, deleted end, ] 28 Added Text, registration, added end, official as provided in subdivision (2) of subsection 1 of this section, the 29 offender commits the offense of failure to register under section 589.425. 589.407. 1. Any registration pursuant to sections 589.400 to 589.425 shall consist of 2 completion of an offender registration form developed by the Missouri state highway patrol 3 or other format approved by the Missouri state highway patrol. Such form shall consist of a 4 statement, including the signature of the offender, and shall include, but is not limited to, the 5 following: HB 3068 26 6 (1) A statement in writing signed by the person, giving the name, address, date of 7 birth, Social Security number, and phone number of the person, the license plate number and 8 vehicle description, including the year, make, model, and color of each vehicle owned or 9 operated by the offender, any online identifiers[, ] used by the 10 person, the place of employment of such person, enrollment within any institutions of higher 11 education, the crime which requires registration, whether the person was sentenced as a 12 persistent or predatory offender pursuant to section 566.125, the date, place, and a brief 13 description of such crime, the date and place of the conviction or plea regarding such crime, 14 the age and gender of the victim at the time of the offense and whether the person successfully 15 completed the Missouri sexual offender program pursuant to section 589.040, if applicable; 16 (2) The fingerprints and palm prints of the person; 17 (3) Unless the offender's appearance has not changed significantly, a photograph of 18 such offender as follows: 19 (a) Quarterly if a tier III sex offender [Deleted Text, under section 589.414, deleted end, ]. Such photograph shall 20 be taken every ninety days beginning in the month of the person's birth; 21 (b) Semiannually if a tier II sex offender. Such photograph shall be taken in the 22 month of the person's birth and six months thereafter; and 23 (c) Yearly if a tier I sex offender. Such photograph shall be taken in the month of the 24 person's birth; [Deleted Text, and, deleted end, ] 25 (4) A DNA sample from the individual, if a sample has not already been obtainedAdded Text, ; and, added end, 26 Added Text, ; and, added end, 27 New Label: (5), Added Text, Information regarding any temporary residence where the offender is staying away from his or her primary residence for seven or more days, including the period of time the offender is staying in such place, regardless of whether the temporary residence is in Missouri or any other place, added end, 28 Added Text, Information regarding any temporary residence where the offender is staying away from his or her primary residence for seven or more days, including the period of time the offender is staying in such place, regardless of whether the temporary residence is in Missouri or any other place, added end, 29 Added Text, Information regarding any temporary residence where the offender is staying away from his or her primary residence for seven or more days, including the period of time the offender is staying in such place, regardless of whether the temporary residence is in Missouri or any other place, added end, 30 Added Text, Information regarding any temporary residence where the offender is staying away from his or her primary residence for seven or more days, including the period of time the offender is staying in such place, regardless of whether the temporary residence is in Missouri or any other place, added end, . 31 2. The offender shall provide positive identification and documentation to 32 substantiate the accuracy of the information completed on the offender registration form, 33 including but not limited to the following: 34 (1) A photocopy of a valid driver's license or nondriver's identification card; 35 (2) A document verifying proof of the offender's residency; and 36 (3) A photocopy of the vehicle registration for each of the offender's vehicles. 37 3. The Missouri state highway patrol shall maintain all required registration 38 information in digitized form. 39 4. [Upon receipt of any changes to an offender's registration information contained in 40 this section, the Missouri state highway patrol shall immediately notify all other jurisdictions 41 in which the offender is either registered or required to register. HB 3068 27 42 Deleted paragraph: 5.,] The offender shall be responsible for reviewing his or her existing registration 43 information for accuracy at every regular in-person appearance and, if any inaccuracies are 44 found, provide proof of the information in question. 45 New paragraph: 5., New paragraph: (1), Regular in-person appearances to the registration official following initial 46 registration shall be required: 47 New paragraph: (a), Annually for tier I offenders; 48 New paragraph: (b), Every six months for tier II offenders; and 49 New paragraph: (c), Every ninety days for tier III offenders. 50 New paragraph: (2), For the purposes of establishing a schedule for registration appearances, the 51 registration official shall ensure that the required registration interval is followed from 52 the date of any initial registration until the month of an offender's birth and at the 53 appropriate interval beginning from the month of the offender's birth thereafter. 54 6. The signed offender registration form shall serve as proof that the individual 55 understands his or her duty to register as a sexual offender under sections 589.400 to 589.425 56 and a statement to this effect shall be included on the form that the individual is required to 57 sign at each registration. 58 New paragraph: 7., If an offender has a guardian appointed by a court of competent jurisdiction, 59 the guardian may sign affirming the accuracy of the offender registration form under 60 this section. Nothing in this subsection shall alleviate the requirements of the offender to 61 appear in person, nor shall this subsection be construed to affect any restrictions 62 applicable to an offender because of the offender's status on the sexual offender registry. 589.410. New paragraph: 1., All notifications of a requirement to register shall be reported to the 2 sex offender registry within three days, in a manner prescribed by the Missouri state 3 highway patrol. 4 New Label: 2., The [Deleted Text, chief law enforcement, deleted end, ] Added Text, registration, added end, official shall [Deleted Text, forward, deleted end, ] Added Text, enter, added end, the 5 completed offender registration [Deleted Text, form to, deleted end, ] Added Text, forms and related updates into the sex offender registry in a manner prescribed by, added end, 6 Added Text, forms and related updates into the sex offender registry in a manner prescribed by, added end, the Missouri state highway patrol within three days. 7 The Added Text, Missouri state highway, added end, patrol shall [Deleted Text, enter, deleted end, ] Added Text, ensure, added end, the information Added Text, entered, added end, into the Added Text, sex offender registry is accessible through the, added end, 8 Added Text, sex offender registry is accessible through the, added end, Missouri uniform law enforcement system 9 (MULES) [Deleted Text, where it is, deleted end, ] Added Text, and forwarded to the National Crime Information Center (NCIC) in accordance with applicable law. The information shall also be, added end, 10 Added Text, and forwarded to the National Crime Information Center (NCIC) in accordance with applicable law. The information shall also be, added end, available to members of 11 the criminal justice system, and other entities as provided by law, upon inquiry. Added Text, Certain portions of the information shall also be published on the internet in accordance with this section., added end, 12 Added Text, Certain portions of the information shall also be published on the internet in accordance with this section., added end, 13 Added Text, Certain portions of the information shall also be published on the internet in accordance with this section., added end, [43.650.] 589.411. 1. The Added Text, Missouri state highway, added end, patrol shall[, 2 Deleted Text, , subject to appropriation,, deleted end, ] maintain a web page on the internet which shall be open to the public and 3 shall include a registered sexual offender search capability. HB 3068 28 4 2. Except as provided in subsections 4 and 5 of this section, the registered sexual 5 offender search shall make it possible for any person using the internet to search for and find 6 the information specified in subsection 4 of this section, if known, on offenders registered in 7 this state pursuant to sections 589.400 to 589.425. 8 3. The registered sexual offender search shall include the capability to search for 9 sexual offenders by name, zip code, and by typing in an address and specifying a search 10 within a certain number of miles radius from that address. 11 4. Only the information listed in this subsection shall be provided to the public in the 12 registered sexual offender search: 13 (1) The name and any known aliases of the offender; 14 (2) The date of birth and any known alias dates of birth of the offender; 15 (3) A physical description of the offender; 16 (4) The residence, temporary, work, and school addresses of the offender, including 17 the street address, city, county, state, and zip code; 18 (5) Any photographs of the offender; 19 (6) A physical description of the offender's vehicles, including the year, make, model, 20 color, and license plate number; 21 (7) The nature and dates of all offenses qualifying the offender to register, including 22 the tier level assigned to the offender under sections 589.400 to 589.425; 23 (8) The date on which the offender was released from the department of mental 24 health, prison, or jail, or placed on parole, supervised release, or probation for the offenses 25 qualifying the offender to register; 26 (9) Compliance status of the offender with the provisions of section 589.400 to 27 589.425; and 28 (10) Any online identifiers[, ] used by the person. Such 29 online identifiers shall not be included in the general profile of an offender on the web page 30 and shall only be available to a member of the public by a search using the specific online 31 identifier to determine if a match exists with a registered offender. 32 5. Juveniles required to register under subdivision [Deleted Text, (5), deleted end, ] Added Text, (4), added end, of subsection 1 of section 33 589.400 shall be exempt from public notification Added Text, on the internet, added end, to include any adjudications 34 from another state, territory, the District of Columbia, or foreign country or any federal, tribal, 35 or military jurisdiction. 36 New paragraph: 6., The Missouri state highway patrol shall regularly update the web page to 37 remove persons who have been ordered removed or exempt by a court in accordance 38 with section 589.401 persons who are deceased and persons who have moved out of the 39 state. In the case of a person who has moved out of the state, the entry shall remain until 40 the Missouri state highway patrol confirms the person has complied with all registration HB 3068 29 41 requirements in the person's new state, territory, or country of residence, when 42 applicable. 43 New paragraph: 7., In addition to the web page maintained by the Missouri state highway patrol, 44 a registration official may maintain a web page on the internet, which shall be open to 45 the public and shall include a registered sexual offender search capability. Except as 46 provided in subsections 5 and 6 of this section, the registered sexual offender search 47 shall make it possible for any person using the internet to search for and find the 48 information specified in subsection 5 of this section, if known, on offenders registered in 49 this state pursuant to sections 589.400 to 589.425. The chief law enforcement officer of 50 any county or city not within a county may also publish in any newspaper distributed in 51 the county or city not within a county the offender information provided under 52 subsection 3 of this section for any offender residing in the county or city not within a 53 county. [43.651.] 589.412. [Deleted paragraph: 1., As used in this section, the following terms shall mean: 2 Deleted paragraph: (1), "Electronic mail", the transmission of information or communication by the use of 3 the internet, a computer, a facsimile machine, a pager, a cellular telephone or other wireless 4 communication device, a video recorder, or other electronic means sent to a person identified 5 by a unique address or address number and received by that person; 6 Deleted paragraph: (2), "Entity", a business or organization that provides internet service, electronic 7 communications service, remote computing service, online service, electronic mail service, or 8 electronic instant message or chat services whether the business or organization is within or 9 outside this state; 10 Deleted paragraph: (3), "Instant message", a form of real-time text communication between two or more 11 people. The communication is conveyed via computers connected over a network such as the 12 internet, or between cell phone or wireless communication device users, or over a cell phone 13 or wireless communication device network; 14 Deleted paragraph: (4), "Online identifier", includes all of the following: electronic mail address and 15 instant message screen name, user ID, cell phone number or wireless communication device 16 number or identifier, chat or other internet communication name, or other identity 17 information. 18 Deleted paragraph: 2.,] Subject to appropriations, the Added Text, Missouri state highway, added end, patrol shall make registry 19 information regarding a registered sexual offender's online identifiers available to an entity 20 for the purpose of allowing the entity to prescreen users or for comparison with information 21 held by the entity as provided by this subsection: 22 (1) The information obtained by an entity from the state sexual offender registry shall 23 not be used for any purpose other than for prescreening its users or comparing the database of 24 registered users of the entity against the list of online identifiers of persons in the state sexual HB 3068 30 25 offender registry in order to protect children from online sexual predators. The Added Text, Missouri state highway, added end, 26 Added Text, Missouri state highway, added end, patrol shall promulgate rules and regulations regarding the release and use of 27 online identifier information. Any rule or portion of a rule, as that term is defined in section 28 536.010, that is created under the authority delegated in this section shall become effective 29 only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, 30 section 536.028. This section and chapter 536 are nonseverable and if any of the powers 31 vested with the general assembly pursuant to chapter 536 to review, to delay the effective 32 date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant 33 of rulemaking authority and any rule proposed or adopted after August 28, 2008, shall be 34 invalid and void; 35 (2) Any entity desiring to prescreen its users or compare its database of registered 36 users to the list of online identifiers of persons in the state sexual offender registry may apply 37 to the Added Text, Missouri state highway, added end, patrol to access the information. An entity that complies with 38 the rules and regulations promulgated by the Added Text, Missouri state highway, added end, patrol regarding the 39 release and use of the online identifier information and pays the fee established by the 40 Added Text, Missouri state highway, added end, patrol may screen new users or compare its database of registered 41 users to the list of online identifiers of persons in the state sexual offender registry as 42 frequently as the Added Text, Missouri state highway, added end, patrol may allow for the purpose of identifying a 43 registered user associated with an online identifier contained in the state sexual offender 44 registry; 45 (3) Any entity complying with this subsection in good faith shall be immune from any 46 civil or criminal liability resulting from: 47 (a) The entity's refusal to provide system service to a person on the basis that the 48 entity believed that the person was required to register under sections 589.400 to 589.425; 49 (b) A person's criminal or tortious acts when the person is required to register 50 pursuant to sections 589.400 to 589.425, and the person complied with the requirement to 51 register their online identifiers under section 589.407, and committed the criminal or tortious 52 acts against a minor with whom he or she had communicated on the entity's system by using 53 their registered online identifier; or 54 (c) Any activity for which the entity would be immune from liability under 47 U.S.C. 55 Section 230. [43.533.] 589.413. 1. The Added Text, Missouri state, added end, highway patrol shall, subject to 2 appropriation, operate a toll-free telephone number in order to disseminate registration 3 information provided by [Deleted Text, individuals, deleted end, ] Added Text, persons, added end, who are required to register under sections 4 589.400 to 589.425, and receive information from persons regarding the residency of a 5 registered sexual offender. The information available via the telephone number shall include 6 only information that offenders are required to provide under section 589.407. When the HB 3068 31 7 Missouri state highway patrol provides such information regarding a sexual offender, the 8 patrol personnel shall advise the person making the inquiry that positive identification of a 9 person believed to be a sexual offender cannot be established unless a fingerprint comparison 10 is made, and that it is illegal to use such information regarding a registered sexual offender to 11 facilitate the commission of a crime. The toll-free telephone number shall be published on 12 the Added Text, Missouri state, added end, highway patrol's sexual offender registry website maintained under 13 section [Deleted Text, 43.650, deleted end, ] Added Text, 589.411, added end, . 14 2. The Added Text, Missouri state highway, added end, patrol shall promulgate rules to effect the 15 enforcement of this section. Any rule or portion of a rule, as that term is defined in section 16 536.010, that is created under the authority delegated in this section shall become effective 17 only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, 18 section 536.028. This section and chapter 536 are nonseverable and if any of the powers 19 vested with the general assembly pursuant to chapter 536 to review, to delay the effective 20 date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant 21 of rulemaking authority and any rule proposed or adopted after August 28, 2006, shall be 22 invalid and void. 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 [Deleted Text, chief law enforcement officer of the county or city not within a county, deleted end, 3 Deleted Text, chief law enforcement officer of the county or city not within a county, deleted end, ] Added Text, registration official, added end, if there is a change to any of the 4 following information: 5 (1) Name; 6 (2) Residence; 7 (3) Employment, including status as a volunteer or intern; 8 (4) Student status; or 9 (5) A termination to any of the items listed in this subsection. 10 2. Any person required to register under sections 589.400 to 589.425 shall, within 11 three business days, notify the [Deleted Text, chief law enforcement, deleted end, ] Added Text, registration, added end, official [Deleted Text, of the county or city not within a county, deleted end, 12 Deleted Text, of the county or city not within a county, deleted end, ] of any changes to the following information: 13 (1) Vehicle information; 14 (2) [Temporary lodging information; 15 Deleted paragraph: (3),] Temporary residence information; 16 [Deleted paragraph: (4), Email addresses, instant messaging addresses, and any other designations used in 17 internet communications, postings, or telephone communications; or 18 (5)] New Label: (3), Telephone or other cellular number, including any new forms of electronic 19 communicationAdded Text, ; or, added end, 20 New Label: (4), Added Text, Online identifiers, added end, . HB 3068 32 21 3. The [Deleted Text, chief law enforcement, deleted end, ] Added Text, registration, added end, official [Deleted Text, in the county or city not within a county, deleted end, 22 Deleted Text, in the county or city not within a county, deleted end, ] shall immediately forward the registration changes described under subsections 1 and 23 2 of this section to the Missouri state highway patrol within three business days Added Text, in accordance with section 589.410, added end, 24 Added Text, in accordance with section 589.410, added end, . 25 4. New Label: (1), If any person required by sections 589.400 to 589.425 to register changes such 26 person's residence or address to a different county or city not within a county, the person shall 27 appear in person and shall inform both the [Deleted Text, chief law enforcement, deleted end, ] Added Text, registration, added end, official with 28 whom the person last registered and the [Deleted Text, chief law enforcement, deleted end, ] Added Text, registration, added end, official of the 29 county or city not within a county having jurisdiction over the new residence or address in 30 writing within three business days of such new address and phone number, if the phone 31 number is also changed. 32 New Label: (2), If any person required by sections 589.400 to 589.425 to register changes his or 33 her state, territory, the District of Columbia, or foreign country, or federal, tribal, or military 34 jurisdiction of residence, the person shall appear in person and shall inform both the [Deleted Text, chief law enforcement, deleted end, 35 Deleted Text, chief law enforcement, deleted end, ] Added Text, registration, added end, official with whom the person was last registered and the 36 [Deleted Text, chief law enforcement, deleted end, ] Added Text, registration, added end, official of the area in the new state, territory, the District 37 of Columbia, or foreign country, or federal, tribal, or military jurisdiction having jurisdiction 38 over the new residence or address within three business days of such new address. 39 New Label: (3), Whenever a registrant changes residence, the [Deleted Text, chief law enforcement, deleted end, ] 40 Added Text, registration, added end, official of the county or city not within a county where the person was 41 previously registered shall inform the Missouri state highway patrol of the change within 42 three business days. 43 New Label: (4), When the registrant is changing the residence to a new state, territory, the District 44 of Columbia, or foreign country, or federal, tribal, or military jurisdiction, the Missouri state 45 highway patrol shall inform the responsible official in the new state, territory, the District of 46 Columbia, or foreign country, or federal, tribal, or military jurisdiction of residence within 47 three business days. 48 5. Added Text, Registrants shall appear in person before the registration official and complete all forms required for such purposes by the United States Marshal's Service no less than twenty-one days before travel outside of the United States. Such information shall be forwarded to the United States Marshal's Service, and a copy shall be provided by the registration official to the Missouri state highway patrol in a manner prescribed by the Missouri state highway patrol., added end, 49 Added Text, Registrants shall appear in person before the registration official and complete all forms required for such purposes by the United States Marshal's Service no less than twenty-one days before travel outside of the United States. Such information shall be forwarded to the United States Marshal's Service, and a copy shall be provided by the registration official to the Missouri state highway patrol in a manner prescribed by the Missouri state highway patrol., added end, 50 Added Text, Registrants shall appear in person before the registration official and complete all forms required for such purposes by the United States Marshal's Service no less than twenty-one days before travel outside of the United States. Such information shall be forwarded to the United States Marshal's Service, and a copy shall be provided by the registration official to the Missouri state highway patrol in a manner prescribed by the Missouri state highway patrol., added end, 51 Added Text, Registrants shall appear in person before the registration official and complete all forms required for such purposes by the United States Marshal's Service no less than twenty-one days before travel outside of the United States. Such information shall be forwarded to the United States Marshal's Service, and a copy shall be provided by the registration official to the Missouri state highway patrol in a manner prescribed by the Missouri state highway patrol., added end, 52 Added Text, Registrants shall appear in person before the registration official and complete all forms required for such purposes by the United States Marshal's Service no less than twenty-one days before travel outside of the United States. Such information shall be forwarded to the United States Marshal's Service, and a copy shall be provided by the registration official to the Missouri state highway patrol in a manner prescribed by the Missouri state highway patrol., added end, 53 Added Text, Registrants shall appear in person before the registration official and complete all forms required for such purposes by the United States Marshal's Service no less than twenty-one days before travel outside of the United States. Such information shall be forwarded to the United States Marshal's Service, and a copy shall be provided by the registration official to the Missouri state highway patrol in a manner prescribed by the Missouri state highway patrol., added end, 54 New paragraph: 6., Offenders shall be classified as a tier I offender, tier II offender, or tier III 55 offender in accordance with this section. To the extent more than one tier definition 56 applies to an offender, the highest tier that applies shall be the tier the offender is 57 classified into. HB 3068 33 58 New paragraph: 7., The initial determination as to the tier of an offender shall be made by the 59 registration official when an offender first appears for registration with the official. 60 Upon receipt of an initial offender registration from a new registration official, the 61 Missouri state highway patrol shall analyze the initial tier determination for accuracy. 62 If the Missouri state highway patrol determines the initial tier decision is inaccurate, the 63 Missouri state highway patrol shall notify the registration official, and the Missouri 64 state highway patrol's determination shall control the tier classification. Upon receipt of 65 an updated tiering decision, the registration official shall notify the offender no later 66 than the next previously scheduled in-person check-in for the offender. Upon 67 notification of the offender or failure of the offender to appear at the next regularly 68 scheduled in-person check, reporting requirements aligning with the new tier 69 determination shall be in effect. 70 New Label: 8., Tier I [Deleted Text, sexual, deleted end, ] offenders, in addition to the requirements of subsections 1 to [Deleted Text, 4, deleted end, ] Added Text, 5, added end, of 71 this section, shall report in person [Deleted Text, to, deleted end, ] Added Text, before, added end, the [Deleted Text, chief law enforcement, deleted end, ] Added Text, registration, added end, 72 official annually in the month of their birth to verify the information contained in their 73 statement made pursuant to section 589.407. [Tier I sexual offenders include: 74 Deleted paragraph: (1), Any offender who has been adjudicated for the offense of: 75 Deleted paragraph: (a), Sexual abuse in the first degree under section 566.100 if the victim is eighteen 76 years of age or older; 77 Deleted paragraph: (b), Sexual misconduct involving a child under section 566.083 if it is a first offense 78 and the punishment is less than one year; 79 Deleted paragraph: (c), Sexual abuse in the second degree under section 566.101 if the punishment is less 80 than a year; 81 Deleted paragraph: (d), Kidnapping in the second degree under section 565.120 with sexual motivation; 82 Deleted paragraph: (e), Kidnapping in the third degree under section 565.130; 83 Deleted paragraph: (f), Sexual conduct with a nursing facility resident or vulnerable person in the first 84 degree under section 566.115 if the punishment is less than one year; 85 Deleted paragraph: (g), Sexual conduct under section 566.116 with a nursing facility resident or 86 vulnerable person; 87 Deleted paragraph: (h), Sexual contact with a prisoner or offender under section 566.145 if the victim is 88 eighteen years of age or older; 89 Deleted paragraph: (i), Sex with an animal under section 566.111; 90 Deleted paragraph: (j), Trafficking for the purpose of sexual exploitation under section 566.209 if the 91 victim is eighteen years of age or older; 92 Deleted paragraph: (k), Possession of child pornography under section 573.037; 93 Deleted paragraph: (l), Sexual misconduct in the first degree under section 566.093; 94 Deleted paragraph: (m), Sexual misconduct in the second degree under section 566.095; HB 3068 34 95 Deleted paragraph: (n), Child molestation in the second degree under section 566.068 as it existed prior to 96 January 1, 2017, if the punishment is less than one year; or 97 Deleted paragraph: (o), Invasion of privacy under section 565.252 if the victim is less than eighteen years 98 of age; 99 Deleted paragraph: (2), Any offender who is or has been adjudicated in any other state, territory, the 100 District of Columbia, or foreign country, or under federal, tribal, or military jurisdiction of an 101 offense of a sexual nature or with a sexual element that is comparable to the tier I sexual 102 offenses listed in this subsection or, if not comparable to those in this subsection, comparable 103 to those described as tier I offenses under the Sex Offender Registration and Notification Act, 104 Title I of the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. 109-248. 105 6.] New Label: 9., Tier II [Deleted Text, sexual, deleted end, ] offenders, in addition to the requirements of subsections 1 to [Deleted Text, 4, deleted end, ] 106 Added Text, 5, added end, of this section, shall report semiannually in person in the month of their birth and six 107 months thereafter to the [Deleted Text, chief law enforcement, deleted end, ] Added Text, registration, added end, official to verify the 108 information contained in their statement made pursuant to section 589.407. [Tier II sexual 109 offenders include: 110 Deleted paragraph: (1), Any offender who has been adjudicated for the offense of: 111 Deleted paragraph: (a), Statutory sodomy in the second degree under section 566.064 if the victim is 112 sixteen to seventeen years of age; 113 Deleted paragraph: (b), Child molestation in the third degree under section 566.069 if the victim is 114 between thirteen and fourteen years of age; 115 Deleted paragraph: (c), Sexual contact with a student under section 566.086 if the victim is thirteen to 116 seventeen years of age; 117 Deleted paragraph: (d), Enticement of a child under section 566.151; 118 Deleted paragraph: (e), Abuse of a child under section 568.060 if the offense is of a sexual nature and the 119 victim is thirteen to seventeen years of age; 120 Deleted paragraph: (f), Sexual exploitation of a minor under section 573.023; 121 Deleted paragraph: (g), Promoting child pornography in the first degree under section 573.025; 122 Deleted paragraph: (h), Promoting child pornography in the second degree under section 573.035; 123 Deleted paragraph: (i), Patronizing prostitution under section 567.030; 124 Deleted paragraph: (j), Sexual contact with a prisoner or offender under section 566.145 if the victim is 125 thirteen to seventeen years of age; 126 Deleted paragraph: (k), Child molestation in the fourth degree under section 566.071 if the victim is 127 thirteen to seventeen years of age; 128 Deleted paragraph: (l), Sexual misconduct involving a child under section 566.083 if it is a first offense 129 and the penalty is a term of imprisonment of more than a year; or 130 Deleted paragraph: (m), Age misrepresentation with intent to solicit a minor under section 566.153; HB 3068 35 131 Deleted paragraph: (2), Any person who is adjudicated of an offense comparable to a tier I offense listed 132 in this section or failure to register offense under section 589.425 or comparable out-of-state 133 failure to register offense and who is already required to register as a tier I offender due to 134 having been adjudicated of a tier I offense on a previous occasion; or 135 Deleted paragraph: (3), Any person who is or has been adjudicated in any other state, territory, the District 136 of Columbia, or foreign country, or under federal, tribal, or military jurisdiction for an offense 137 of a sexual nature or with a sexual element that is comparable to the tier II sexual offenses 138 listed in this subsection or, if not comparable to those in this subsection, comparable to those 139 described as tier II offenses under the Sex Offender Registration and Notification Act, Title I 140 of the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. 109-248. 141 7.] New Label: 10., Tier III [Deleted Text, sexual, deleted end, ] offenders, in addition to the requirements of subsections 1 to 142 [Deleted Text, 4, deleted end, ] Added Text, 5, added end, of this section, shall report in person [Deleted Text, to, deleted end, ] Added Text, before, added end, the [Deleted Text, chief law enforcement, deleted end, ] 143 Added Text, registration, added end, official every ninety days to verify the information contained in their statement 144 made under section 589.407. [Tier III sexual offenders include: 145 Deleted paragraph: (1), Any offender registered as a predatory sexual offender as defined in section 146 566.123 or a persistent sexual offender as defined in section 566.124; 147 Deleted paragraph: (2), Any offender who has been adjudicated for the crime of: 148 Deleted paragraph: (a), Rape in the first degree under section 566.030; 149 Deleted paragraph: (b), Statutory rape in the first degree under section 566.032; 150 Deleted paragraph: (c), Rape in the second degree under section 566.031; 151 Deleted paragraph: (d), Endangering the welfare of a child in the first degree under section 568.045 if the 152 offense is sexual in nature; 153 Deleted paragraph: (e), Sodomy in the first degree under section 566.060; 154 Deleted paragraph: (f), Statutory sodomy under section 566.062; 155 Deleted paragraph: (g), Statutory sodomy under section 566.064 if the victim is under sixteen years of 156 age; 157 Deleted paragraph: (h), Sodomy in the second degree under section 566.061; 158 Deleted paragraph: (i), Sexual misconduct involving a child under section 566.083 if the offense is a 159 second or subsequent offense; 160 Deleted paragraph: (j), Sexual abuse in the first degree under section 566.100 if the victim is under 161 thirteen years of age; 162 Deleted paragraph: (k), Kidnapping in the first degree under section 565.110 if the victim is under 163 eighteen years of age, excluding kidnapping by a parent or guardian; 164 Deleted paragraph: (l), Child kidnapping under section 565.115; 165 Deleted paragraph: (m), Sexual conduct with a nursing facility resident or vulnerable person in the first 166 degree under section 566.115 if the punishment is greater than a year; 167 Deleted paragraph: (n), Incest under section 568.020; HB 3068 36 168 Deleted paragraph: (o), Endangering the welfare of a child in the first degree under section 568.045 with 169 sexual intercourse or deviate sexual intercourse with a victim under eighteen years of age; 170 Deleted paragraph: (p), Child molestation in the first degree under section 566.067; 171 Deleted paragraph: (q), Child molestation in the second degree under section 566.068; 172 Deleted paragraph: (r), Child molestation in the third degree under section 566.069 if the victim is under 173 thirteen years of age; 174 Deleted paragraph: (s), Promoting prostitution in the first degree under section 567.050 if the victim is 175 under eighteen years of age; 176 Deleted paragraph: (t), Promoting prostitution in the second degree under section 567.060 if the victim is 177 under eighteen years of age; 178 Deleted paragraph: (u), Promoting prostitution in the third degree under section 567.070 if the victim is 179 under eighteen years of age; 180 Deleted paragraph: (v), Promoting travel for prostitution under section 567.085 if the victim is under 181 eighteen years of age; 182 Deleted paragraph: (w), Trafficking for the purpose of sexual exploitation under section 566.209 if the 183 victim is under eighteen years of age; 184 Deleted paragraph: (x), Sexual trafficking of a child in the first degree under section 566.210; 185 Deleted paragraph: (y), Sexual trafficking of a child in the second degree under section 566.211; 186 Deleted paragraph: (z), Genital mutilation of a female child under section 568.065; 187 Deleted paragraph: (aa), Statutory rape in the second degree under section 566.034; 188 Deleted paragraph: (bb), Child molestation in the fourth degree under section 566.071 if the victim is 189 under thirteen years of age; 190 Deleted paragraph: (cc), Sexual abuse in the second degree under section 566.101 if the penalty is a term 191 of imprisonment of more than a year; 192 Deleted paragraph: (dd), Patronizing prostitution under section 567.030 if the offender is a persistent 193 offender; 194 Deleted paragraph: (ee), Abuse of a child under section 568.060 if the offense is of a sexual nature and the 195 victim is under thirteen years of age; 196 Deleted paragraph: (ff), Sexual contact with a prisoner or offender under section 566.145 if the victim is 197 under thirteen years of age; 198 Deleted paragraph: (gg), Sexual intercourse with a prisoner or offender under section 566.145; 199 Deleted paragraph: (hh), Sexual contact with a student under section 566.086 if the victim is under 200 thirteen years of age; 201 Deleted paragraph: (ii), Use of a child in a sexual performance under section 573.200; or 202 Deleted paragraph: (jj), Promoting a sexual performance by a child under section 573.205; 203 Deleted paragraph: (3), Any offender who is adjudicated for a crime comparable to a tier I or tier II 204 offense listed in this section or failure to register offense under section 589.425, or other HB 3068 37 205 comparable out-of-state failure to register offense, who has been or is already required to 206 register as a tier II offender because of having been adjudicated for a tier II offense, two tier I 207 offenses, or combination of a tier I offense and failure to register offense, on a previous 208 occasion; 209 Deleted paragraph: (4), Any offender who is adjudicated in any other state, territory, the District of 210 Columbia, or foreign country, or under federal, tribal, or military jurisdiction for an offense of 211 a sexual nature or with a sexual element that is comparable to a tier III offense listed in this 212 section or a tier III offense under the Sex Offender Registration and Notification Act, Title I 213 of the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. 109-248; or 214 Deleted paragraph: (5), Any offender who is adjudicated in Missouri for any offense of a sexual nature 215 requiring registration under sections 589.400 to 589.425 that is not classified as a tier I or tier 216 II offense in this section. 217 8.] New Label: 11., In addition to the requirements of subsections 1 to [Deleted Text, 7, deleted end, ] Added Text, 5 and 8 to 10, added end, of this 218 section, all Missouri registrants who work, including as a volunteer or unpaid intern, or attend 219 any school whether public or private, including any secondary school, trade school, 220 professional school, or institution of higher education, on a full-time or part-time basis or 221 have a temporary residence in this state shall be required to report in person [Deleted Text, to, deleted end, ] Added Text, before, added end, the 222 [Deleted Text, chief law enforcement officer, deleted end, ] Added Text, registration official, added end, in the area of the state where they work, 223 including as a volunteer or unpaid intern, or attend any school or training and register in that 224 state. ["Part-time" in this subsection means for more than seven days in any twelve-month 225 period. 226 9.] New Label: 12., If a person who is required to register as a sexual offender under sections 227 589.400 to 589.425 changes or obtains a new online identifier [Deleted Text, as defined in section 43.651, deleted end, ], 228 the person shall report such information in the same manner as a change of residence before 229 using such online identifier. 589.415. [Deleted paragraph: 1.,] Any probation officer or parole officer assigned to a sexual offender 2 who is required to register pursuant to sections 589.400 to 589.425 shall notify the 3 appropriate law enforcement officials whenever the Added Text, probation, added end, officer Added Text, or parole officer, added end, has 4 reason to believe that the offender will be changing his or her residence. Upon obtaining the 5 new address where the offender expects to reside, the Added Text, probation, added end, officer Added Text, or parole officer, added end, 6 shall report such address to the [Deleted Text, chief law enforcement, deleted end, ] Added Text, registration, added end, official with whom the 7 offender last registered and the [Deleted Text, chief law enforcement, deleted end, ] Added Text, registration, added end, official of the county 8 having jurisdiction over the new residence, if different. The Added Text, probation, added end, officer Added Text, or parole officer, added end, 9 Added Text, or parole officer, added end, shall also inform the offender of the offender's duty to register. However, nothing in 10 this section shall affect the offender's duty to register, pursuant to sections 589.400 to 11 589.425. HB 3068 38 12 [Deleted paragraph: 2., As used in this section, the term "probation officer" includes any agent of a private 13 entity assigned to provide probation supervision services to an offender due to the offender's 14 status as a sexual offender who is required to register pursuant to sections 589.400 to 15 589.425.] 589.417. 1. Except for the specific information listed in subsection 2 of this section, 2 the complete statements, photographs and fingerprints required by sections 589.400 to 3 589.425 shall not be subject to the provisions of chapter 610 and are not public records as 4 defined in section 610.010, and shall be available only to courts, prosecutors and law 5 enforcement agencies. 6 2. [Deleted Text, Notwithstanding any provision of law to the contrary, the chief law enforcement official of the county, deleted end, 7 Deleted Text, Notwithstanding any provision of law to the contrary, the chief law enforcement official of the county, deleted end, ] (1) Added Text, The following information shall be available as an open record under chapter 610:, added end, 8 Added Text, The following information shall be available as an open record under chapter 610:, added end, 9 Added Label: (a) Added Text, Any information retained by the Missouri state highway patrol required to be published on the internet at the time of the request, as provided in section 589.411; and, added end, 10 Added Text, Any information retained by the Missouri state highway patrol required to be published on the internet at the time of the request, as provided in section 589.411; and, added end, 11 Added Text, Any information retained by the Missouri state highway patrol required to be published on the internet at the time of the request, as provided in section 589.411; and, added end, 12 Added Label: (b) Added Text, The name, offense requiring registration, dates of registration, and compliance status of any offender who has been removed from the internet because of death or a move out of the state. For offenders who have moved out of the state, the new state of residence shall also be an open record., added end, 13 Added Text, The name, offense requiring registration, dates of registration, and compliance status of any offender who has been removed from the internet because of death or a move out of the state. For offenders who have moved out of the state, the new state of residence shall also be an open record., added end, 14 Added Text, The name, offense requiring registration, dates of registration, and compliance status of any offender who has been removed from the internet because of death or a move out of the state. For offenders who have moved out of the state, the new state of residence shall also be an open record., added end, 15 Added Text, The name, offense requiring registration, dates of registration, and compliance status of any offender who has been removed from the internet because of death or a move out of the state. For offenders who have moved out of the state, the new state of residence shall also be an open record., added end, 16 Added Label: (2) Added Text, The registration official, added end, shall maintain, for all offenders registered in such 17 county, a complete list of the names, addresses and crimes for which such offenders are 18 registered. Any person may request such list from the [Deleted Text, chief law enforcement, deleted end, ] Added Text, registration, added end, 19 official of the county. 20 New paragraph: 3., Nothing in this section shall be construed to open any records relating to an 21 offender who has been removed from the sexual offender registry or found exempt 22 under section 589.401. Such records shall be governed by the provisions of chapter 610. 23 New paragraph: 4., The metadata recorded by the sex offender registry system, website, or other 24 related databases utilized by the sex offender registry including activity logs, user 25 information, or other related information shall be a closed record, available only to 26 authorized users for the administration of criminal justice, as the term "administration 27 of criminal justice" is defined in section 43.500. [Repealed Section 589.402, . 1. The chief law enforcement officer of the county or city 2 not within a county may maintain a web page on the internet, which shall be 3 open to the public and shall include a registered sexual offender search 4 capability. 5 2. Except as provided in subsections 4 and 5 of this section, the 6 registered sexual offender search shall make it possible for any person using 7 the internet to search for and find the information specified in subsection 3 of HB 3068 39 8 this section, if known, on offenders registered in this state pursuant to sections 9 589.400 to 589.425. 10 3. Only the information listed in this subsection shall be provided to 11 the public in the registered sexual offender search: 12 (1) The name and any known aliases of the offender; 13 (2) The date of birth and any known alias dates of birth of the 14 offender; 15 (3) A physical description of the offender; 16 (4) The residence, temporary, work, and school addresses of the 17 offender, including the street address, city, county, state, and zip code; 18 (5) Any photographs of the offender; 19 (6) A physical description of the offender's vehicles, including the 20 year, make, model, color, and license plate number; 21 (7) The nature and dates of all offenses qualifying the offender to 22 register, including the tier level assigned to the offender under sections 23 589.400 to 589.425; 24 (8) The date on which the offender was released from the department 25 of mental health, prison, or jail, or placed on parole, supervised release, or 26 probation for the offenses qualifying the offender to register; 27 (9) Compliance status of the offender with the provisions of sections 28 589.400 to 589.425; and 29 (10) Any online identifiers, as defined in section 43.651, used by the 30 person. Such online identifiers shall not be included in the general profile of 31 an offender on the web page and shall only be available to a member of the 32 public by a search using the specific online identifier to determine if a match 33 exists with a registered offender. 34 4. The chief law enforcement officer of any county or city not within a 35 county may publish in any newspaper distributed in the county or city not 36 within a county the sexual offender information provided under subsection 3 37 of this section for any offender residing in the county or city not within a 38 county. 39 5. Juveniles required to register under subdivision (6) of subsection 1 40 of section 589.400 shall be exempt from public notification to include any 41 adjudications from another state, territory, the District of Columbia, or foreign 42 country or any federal, tribal, or military jurisdiction.] Bill Body End HB 3068 40