SB 969

SECOND REGULAR SESSION
  SENATE BILL NO. 969
  103RD GENERAL ASSEMBLY
  INTRODUCED BY SENATOR FITZWATER.
 4959S.01I  KRISTINA MARTIN, Secretary
  AN ACT
 To repeal sections 566.149 and 595.209, RSMo, and to enact in lieu thereof two new sections
  relating to public safety, with penalty provisions.
 Be it enacted by the General Assembly of the State of Missouri, as follows:
1Section  A.  Sections  566.149  and   595.209,     RSMo,      are
2  repealed and two new sections enacted in lieu thereof, to be
3  known as sections 566.149 and 595.209, to read as follows:
1566.149.  1. Any person who has been found guilty of:
2(1) Violating any of the provisions of this chapter or
3  the provisions of section 568.020, incest; section 568.045,
4  endangering the welfare of a child in the first degree;
5  subsection 2 of section 568.080 as it existed prior to
6  January 1, 2017, or section 573.200, use of a child in a
7  sexual performance; section 568.090 as it existed prior to
8  January 1, 2017, or section 573.205, promoting a sexual
9  performance by a child; section 573.023, sexual exploitation
10  of a minor; section 573.037, possession of child
11  pornography; section 573.025, promoting child pornography;
12  or section 573.040, furnishing pornographic material to
13  minors; or
14(2) Any offense in any other jurisdiction which, if
15  committed in this state, would be a violation listed in this
16  section;
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17 shall not be present in or loiter within five hundred feet
18 of any school building, on real property comprising any
19 school, or in any conveyance owned, leased, or contracted by
20 a school to transport students to or from school or a school-
21 related activity when persons under the age of eighteen are
22 present in the building, on the grounds, or in the
23 conveyance, unless the offender is a parent, legal guardian,
24 or custodian of a student present in the building and has
25 met the conditions set forth in subsection 2 of this section.
262. No parent, legal guardian, or custodian who has
27 been found guilty of violating any of the offenses listed in
28 subsection 1 of this section, except as provided in
29 subsection 3 of this section, shall be present in any school
30 building, on real property comprising any school, or in any
31 conveyance owned, leased, or contracted by a school to
32 transport students to or from school or a school-related
33 activity when persons under the age of eighteen are present
34 in the building, on the grounds or in the conveyance unless
35 the parent, legal guardian, or custodian has permission to
36 be present from the superintendent or school board or in the
37 case of a private school from the principal.     In the case of
38 a public school, if permission is granted, the
39 superintendent or school board president must inform the
40 principal of the school where the sex offender will be
41 present. Permission may be granted by the superintendent,
42 school board, or in the case of a private school from the
43 principal for more than one event at a time, such as a
44 series of events, however, the parent, legal guardian, or
45 custodian must obtain permission for any other event he or
46 she wishes to attend for which he or she has not yet had
47 permission granted.
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483. No parent, legal guardian, or custodian who has
49 been required to register as a tier III offender because of
50 having been adjudicated for a tier III offense as provided
51 in section 589.414 shall be present in any school building
52 on real property comprising any school, or in any conveyance
53 owned, leased, or contracted by a school to transport
54 students to or from school or a school-related activity when
55 persons under the age of eighteen are present in the
56 building, on the grounds, or in the conveyance.
574. Regardless of the person's knowledge of his or her
58 proximity to school property or a school-related activity,
59 violation of the provisions of this section is a class A
60 misdemeanor.
1595.209.   1. The following rights shall automatically
2 be afforded to victims of dangerous felonies, as defined in
3 section 556.061, victims of murder in the first degree, as
4 defined in section 565.020, victims of voluntary
5 manslaughter, as defined in section 565.023, victims of any
6 offense under chapter 566, victims of an attempt to commit
7 one of the preceding crimes, as defined in section 562.012,
8 and victims of domestic assault, as defined in sections
9 565.072 to 565.076; and, upon written request, the following
10 rights shall be afforded to victims of all other crimes and
11 witnesses of crimes:
12(1) For victims, the right to be present at all
13 criminal justice proceedings at which the defendant has such
14 right, including juvenile proceedings where the offense
15 would have been a felony if committed by an adult, even if
16 the victim is called to testify or may be called to testify
17 as a witness in the case;
18(2) For victims, the right to information about the
19 crime, as provided for in subdivision (5) of this subsection;
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20(3) For victims and witnesses, to be informed, in a
21 timely manner, by the prosecutor's office of the filing of
22 charges, preliminary hearing dates, trial dates,
23 continuances and the final disposition of the case.     Final
24 disposition information shall be provided within five days;
25(4) For victims, the right to confer with and to be
26 informed by the prosecutor regarding bail hearings, guilty
27 pleas, pleas under chapter 552 or its successors, hearings,
28 sentencing and probation revocation hearings and the right
29 to be heard at such hearings, including juvenile
30 proceedings, unless in the determination of the court the
31 interests of justice require otherwise;
32(5) For victims, the right to be informed by local law
33 enforcement agencies, the appropriate juvenile authorities
34 or the custodial authority of the following:
35(a) The status of any case concerning a crime against
36 the victim, including juvenile offenses;
37(b) The right to be informed by local law enforcement
38 agencies or the appropriate juvenile authorities of the
39 availability of victim compensation assistance, assistance
40 in obtaining documentation of the victim's losses,
41 including, but not limited to and subject to existing law
42 concerning protected information or closed records, access
43 to copies of complete, unaltered, unedited investigation
44 reports of motor vehicle, pedestrian, and other similar
45 accidents upon request to the appropriate law enforcement
46 agency by the victim or the victim's representative, and
47 emergency crisis intervention services available in the
48 community;
49(c) Any release of such person on bond or for any
50 other reason;
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51(d) Within twenty-four hours, any escape by such
52 person from a municipal detention facility, county jail, a
53 correctional facility operated by the department of
54 corrections, mental health facility, or the division of
55 youth services or any agency thereof, and any subsequent
56 recapture of such person; and
57(e) The name of an informant who has been endorsed
58 under section 491.065 as a witness by a prosecuting or
59 circuit attorney and any benefit that has been requested by
60 or has been offered to the informant and any benefit that
61 may be provided at a future date in connection with such
62 endorsement;
63(6) For victims, the right to be informed by
64 appropriate juvenile authorities of probation revocation
65 hearings initiated by the juvenile authority and the right
66 to be heard at such hearings or to offer a written
67 statement, video or audio tape, counsel or a representative
68 designated by the victim in lieu of a personal appearance,
69 the right to be informed by the board of probation and
70 parole of probation revocation hearings initiated by the
71 board and of parole hearings, the right to be present at
72 each and every phase of parole hearings, the right to be
73 heard at probation revocation and parole hearings or to
74 offer a written statement, video or audio tape, counsel or a
75 representative designated by the victim in lieu of a
76 personal appearance, and the right to have, upon written
77 request of the victim, a partition set up in the probation
78 or parole hearing room in such a way that the victim is
79 shielded from the view of the probationer or parolee, and
80 the right to be informed by the custodial mental health
81 facility or agency thereof of any hearings for the release
82 of a person committed pursuant to the provisions of chapter
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83  552, the right to be present at such hearings, the right to
84  be heard at such hearings or to offer a written statement,
85  video or audio tape, counsel or a representative designated
86  by the victim in lieu of personal appearance;
87(7) For victims and witnesses, upon their written
88  request, the right to be informed by the appropriate
89  custodial authority, including any municipal detention
90  facility, juvenile detention facility, county jail,
91  correctional facility operated by the department of
92  corrections, mental health facility, division of youth
93  services or agency thereof if the offense would have been a
94  felony if committed by an adult, postconviction or
95  commitment pursuant to the provisions of chapter 552 of the
96  following:
97(a) The projected date of such person's release from
98  confinement;
99(b) Any release of such person on bond;
100(c) Any release of such person on furlough, work
101 release, trial release, electronic monitoring program, or to
102 a community correctional facility or program or release for
103 any other reason, in advance of such release;
104(d) Any scheduled parole or release hearings,
105 including hearings under section 217.362, regarding such
106 person and any changes in the scheduling of such hearings.
107 No such hearing shall be conducted without thirty days'
108 advance notice;
109(e) Within twenty-four hours, any escape by such
110 person from a municipal detention facility, county jail, a
111 correctional facility operated by the department of
112 corrections, mental health facility, or the division of
113 youth services or any agency thereof, and any subsequent
114 recapture of such person;
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115(f) Any decision by a parole board, by a juvenile
116 releasing authority or by a circuit court presiding over
117 releases pursuant to the provisions of chapter 552, or by a
118 circuit court presiding over releases under section 217.362,
119 to release such person or any decision by the governor to
120 commute the sentence of such person or pardon such person;
121 and
122(g) Notification within thirty days of the death of
123 such person;
124(8) For witnesses who have been summoned by the
125 prosecuting attorney and for victims, to be notified by the
126 prosecuting attorney in a timely manner when a court
127 proceeding will not go on as scheduled;
128(9) For victims and witnesses, the right to reasonable
129 protection from the defendant or any person acting on behalf
130 of the defendant from harm and threats of harm arising out
131 of their cooperation with law enforcement and prosecution
132 efforts;
133(10) For victims and witnesses, on charged cases or
134 submitted cases where no charge decision has yet been made,
135 to be informed by the prosecuting attorney of the status of
136 the case and of the availability of victim compensation
137 assistance and of financial assistance and emergency and
138 crisis intervention services available within the community
139 and information relative to applying for such assistance or
140 services, and of any final decision by the prosecuting
141 attorney not to file charges;
142(11) For victims, to be informed by the prosecuting
143 attorney of the right to restitution which shall be
144 enforceable in the same manner as any other cause of action
145 as otherwise provided by law;
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146(12) For victims and witnesses, to be informed by the
147 court and the prosecuting attorney of procedures to be
148 followed in order to apply for and receive any witness fee
149 to which they are entitled;
150(13) When a victim's property is no longer needed for
151 evidentiary reasons or needs to be retained pending an
152 appeal, the prosecuting attorney or any law enforcement
153 agency having possession of the property shall, upon request
154 of the victim, return such property to the victim within
155 five working days unless the property is contraband or
156 subject to forfeiture proceedings, or provide written
157 explanation of the reason why such property shall not be
158 returned;
159(14) An employer may not discharge or discipline any
160 witness, victim or member of a victim's immediate family for
161 honoring a subpoena to testify in a criminal proceeding,
162 attending a criminal proceeding, or for participating in the
163 preparation of a criminal proceeding, or require any
164 witness, victim, or member of a victim's immediate family to
165 use vacation time, personal time, or sick leave for honoring
166 a subpoena to testify in a criminal proceeding, attending a
167 criminal proceeding, or participating in the preparation of
168 a criminal proceeding.     A public school district, public
169 school, or charter school shall not discipline a child for
170 failure to comply with the district's or school's attendance
171 policy, and the parent or legal guardian shall not be deemed
172 to be in violation of the provisions of section 167.061, and
173 the district or school shall not otherwise discipline a
174 child, based on such child's honoring a subpoena to testify
175 in a criminal proceeding, attending a criminal proceeding,
176 or for participating in the preparation of a criminal
177 proceeding;
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178(15) For victims, to be provided with creditor
179 intercession services by the prosecuting attorney if the
180 victim is unable, as a result of the crime, temporarily to
181 meet financial obligations;
182(16) For victims and witnesses, the right to speedy
183 disposition of their cases, and for victims, the right to
184 speedy appellate review of their cases, provided that
185 nothing in this subdivision shall prevent the defendant from
186 having sufficient time to prepare such defendant's defense.
187 The attorney general shall provide victims, upon their
188 written request, case status information throughout the
189 appellate process of their cases.      The provisions of this
190 subdivision shall apply only to proceedings involving the
191 particular case to which the person is a victim or witness;
192(17) For victims and witnesses, to be provided by the
193 court, a secure waiting area during court proceedings and to
194 receive notification of the date, time and location of any
195 hearing conducted by the court for reconsideration of any
196 sentence imposed, modification of such sentence or recall
197 and release of any defendant from incarceration; and
198(18) For victims, the right to receive upon request
199 from the department of corrections a photograph taken of the
200 defendant prior to release from incarceration;
201(19)   For victims under the age of nineteen, the right
202 to appear by video during a deposition or discovery and the
203 right to appear by video during any hearing in lieu of
204 personal appearance.
2052. The provisions of subsection 1 of this section
206 shall not be construed to imply any victim who is
207 incarcerated by the department of corrections or any local
208 law enforcement agency has a right to be released to attend
209 any hearing or that the department of corrections or the
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210 local law enforcement agency has any duty to transport such
211 incarcerated victim to any hearing.
2123. Those persons entitled to notice of events pursuant
213 to the provisions of subsection 1 of this section shall
214 provide the appropriate person or agency with their current
215 addresses, electronic mail addresses, and telephone numbers
216 or the addresses, electronic mail addresses, or telephone
217 numbers at which they wish notification to be given.
2184. Notification by the appropriate person or agency
219 utilizing the statewide automated crime victim notification
220 system as established in section 650.310 shall constitute
221 compliance with the victim notification requirement of this
222 section. If notification utilizing the statewide automated
223 crime victim notification system cannot be used, then
224 written notification shall be sent by certified mail or
225 electronic mail to the most current address or electronic
226 mail address provided by the victim.
2275. Victims' rights as established in Section 32 of
228 Article I of the Missouri Constitution or the laws of this
229 state pertaining to the rights of victims of crime shall be
230 granted and enforced regardless of the desires of a
231 defendant and no privileges of confidentiality shall exist
232 in favor of the defendant to exclude victims or prevent
233 their full participation in each and every phase of parole
234 hearings or probation revocation hearings.     The rights of
235 the victims granted in this section are absolute and the
236 policy of this state is that the victim's rights are
237 paramount to the defendant's rights.     The victim has an
238 absolute right to be present at any hearing in which the
239 defendant is present before a probation and parole hearing
240 officer.
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