SB 982

SECOND REGULAR SESSION
  [TRULY AGREED TO AND FINALLY PASSED]
  HOUSE COMMITTEE SUBSTITUTE FOR
  SENATE BILL NO. 982
  103RD GENERAL ASSEMBLY
  2026
 5756H.06T
  AN ACT
 To repeal sections 43.500, 43.503, 43.506, 43.509, 43.527, 43.530, 43.533, 43.650, 43.651,
  527.270, 589.400, 589.401, 589.402, 589.403, 589.404, 589.405, 589.407, 589.410,
  589.414, 589.415, 589.417, 632.489, 632.492, 632.495, 632.504, and 632.520, RSMo,
  section 589.400 as enacted by house bill nos. 2273, 1946, 1814 & 2551, one hundred
  third general assembly, second regular session, and section 589.414 as enacted by house
  bill nos. 2273, 1946, 1814 & 2551, one hundred third general assembly, second regular
  session, and to enact in lieu thereof twenty-five new sections relating to sexual offenses,
  with penalty provisions.
 Be it enacted by the General Assembly of the State of Missouri, as follows:
1Section  A.  Sections  43.500,  43.503,   43.506,    43.509,
2  43.527,  43.530,  43.533,  43.650,        43.651,      527.270,     589.400,
3  589.401, 589.402, 589.403, 589.404, 589.405, 589.407, 589.410,
4  589.414, 589.415, 589.417, 632.489, 632.492, 632.495, 632.504,
5  and 632.520, RSMo, section 589.400 as enacted by house bill
6  nos.       2273,        1946,        1814       &    2551,        one      hundred   third   general
7  assembly,  second  regular  session,  and   section   589.414   as
8  enacted by house bill nos. 2273, 1946, 1814 & 2551, one hundred
9  third general assembly, second regular session are repealed and
10  twenty-five new sections enacted in lieu thereof, to be known
11  as sections 43.500, 43.503, 43.506, 43.509, 43.527, 43.530,
12  527.270, 589.400, 589.401, 589.403, 589.404, 589.405, 589.407,
13  589.410, 589.411, 589.412, 589.413, 589.414, 589.415, 589.417,
 EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
 and is intended to be omitted in the law.
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14 632.489, 632.492, 632.495, 632.504, and 632.520, to read as
15 follows:
1      43.500. As used in sections 43.500 to [43.651] 43.600,
2 the following terms mean:
3      (1) "Administration of criminal justice", performance
4 of any of the following activities:   detection,
5 apprehension, detention, pretrial release, post-trial
6 release, prosecution, adjudication, correctional
7 supervision, or rehabilitation of accused persons or
8 criminal offenders.   The administration of criminal justice
9 shall include the screening of employees or applicants
10 seeking employment with criminal justice agencies, criminal
11 identification activities, and the collection, storage, and
12 dissemination of criminal history information, including
13 fingerprint searches, photographs, and other unique
14 biometric identification;
15      (2) "Central repository", the division within the
16 Missouri state highway patrol responsible for compiling and
17 disseminating complete and accurate criminal history records
18 and statistics;
19      (3) "Committee", criminal records and justice
20 information advisory committee;
21      (4) "Comparable ordinance violation", a violation of
22 an ordinance having all the essential elements of a
23 statutory felony or a class A misdemeanor;
24      (5) "Criminal history record information", information
25 collected by criminal justice agencies on individuals
26 consisting of identifiable descriptions and notations of
27 arrests, detentions, indictments, informations, or other
28 formal criminal charges, and any disposition arising
29 therefrom, sentencing, correctional supervision, and release;
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30      (6) "Final disposition", the formal conclusion of a
31 criminal proceeding at whatever stage it occurs in the
32 criminal justice system;
33      (7) "Missouri charge code", a unique number assigned
34 by the office of state courts administrator to an offense
35 for tracking and grouping offenses.    Beginning January 1,
36 2005, the complete charge code shall consist of digits
37 assigned by the office of state courts administrator, the
38 two-digit national crime information center modifiers and a
39 single digit designating attempt, accessory, or conspiracy.
40 The only exception to the January 1, 2005, date shall be the
41 courts that are not using the statewide court automation
42 case management pursuant to section 476.055; the effective
43 date will be as soon thereafter as economically feasible for
44 all other courts;
45      (8) "State offense cycle number", a unique number,
46 supplied by or approved by the Missouri state highway
47 patrol, on the state criminal fingerprint card.    The offense
48 cycle number, OCN, is used to link the identity of a person,
49 through unique biometric identification, to one or many
50 offenses for which the person is arrested or charged.    The
51 OCN will be used to track an offense incident from the date
52 of arrest to the final disposition when the offender exits
53 from the criminal justice system;
54      (9) "Unique biometric identification", automated
55 methods of recognizing and identifying an individual based
56 on a physiological characteristic.    Biometric identification
57 methods may include but are not limited to facial
58 recognition, fingerprints, palm prints, hand geometry, iris
59 recognition, and retinal scan.
1      43.503. 1.     For the purpose of maintaining complete
2 and accurate criminal history record information, all police
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3 officers of this state, the clerk of each court, the
4 department of corrections, the sheriff of each county, the
5 chief law enforcement official of a city not within a county
6 and the prosecuting attorney of each county or the circuit
7 attorney of a city not within a county shall submit certain
8 criminal arrest, charge, and disposition information to the
9 central repository for filing without undue delay in the
10 form and manner required by sections 43.500 to [43.651]
11 43.600.
12      2. All law enforcement agencies making misdemeanor and
13 felony arrests as determined by section 43.506 shall furnish
14 without undue delay, to the central repository,
15 fingerprints, photograph, and if available, any other unique
16 biometric identification collected, charges, appropriate
17 charge codes, and descriptions of all persons who are
18 arrested for such offenses on standard fingerprint forms
19 supplied or approved by the highway patrol or electronically
20 in a format and manner approved by the highway patrol and in
21 compliance with the standards set by the Federal Bureau of
22 Investigation in its Automated Fingerprint Identification
23 System or its successor program.   All such agencies shall
24 also notify the central repository of all decisions not to
25 refer such arrests for prosecution.   An agency making such
26 arrests may enter into arrangements with other law
27 enforcement agencies for the purpose of furnishing without
28 undue delay such fingerprints, photograph, and if available,
29 any other unique biometric identification collected,
30 charges, appropriate charge codes, and descriptions to the
31 central repository upon its behalf.
32      3. In order for the Missouri office of prosecution
33 services to maintain complete and accurate statewide reports
34 as required by section 56.750, on or before January 1, 2028,
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35 and thereafter, all police officers of this state, the
36 sheriff and each deputy sheriff of each county, and the
37 chief law enforcement official of a city not within a county
38 and his or her officers shall submit referrals for any
39 traffic violation, ordinance violation, or misdemeanor or
40 felony offense referred to a prosecuting or circuit attorney
41 in the form and manner approved by the Missouri office of
42 prosecution services as required by subdivision (7) of
43 subsection 1 of section 56.750.   At a minimum, any referral
44 to a prosecuting attorney or circuit attorney for a felony
45 offense shall include a probable cause statement and an
46 investigative report.   Any law enforcement agency that
47 violates this subsection shall be ineligible to receive
48 state or federal funds that would otherwise be paid to such
49 agency for law enforcement, safety, or criminal justice
50 purposes.
51      4. In instances where an individual less than
52 seventeen years of age and not currently certified as an
53 adult is taken into custody for an offense which would be a
54 felony if committed by an adult, the arresting officer shall
55 take fingerprints for the central repository.   These
56 fingerprints shall be taken on fingerprint cards supplied by
57 or approved by the highway patrol or transmitted
58 electronically in a format and manner approved by the
59 highway patrol and in compliance with the standards set by
60 the Federal Bureau of Investigation in its Automated
61 Fingerprint Identification System or its successor program.
62 The fingerprint cards shall be so constructed that the name
63 of the juvenile should not be made available to the central
64 repository. The individual's name and the unique number
65 associated with the fingerprints and other pertinent
66 information shall be provided to the court of jurisdiction
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67 by the agency taking the juvenile into custody.   The
68 juvenile's fingerprints and other information shall be
69 forwarded to the central repository and the courts without
70 undue delay. The fingerprint information from the card
71 shall be captured and stored in the automated fingerprint
72 identification system operated by the central repository.
73 In the event the fingerprints are found to match other
74 tenprints or unsolved latent prints, the central repository
75 shall notify the submitting agency who shall notify the
76 court of jurisdiction as per local agreement.   Under section
77 211.031, in instances where a juvenile over fifteen and one-
78 half years of age is alleged to have violated a state or
79 municipal traffic ordinance or regulation, which does not
80 constitute a felony, and the juvenile court does not have
81 jurisdiction, the juvenile shall not be fingerprinted unless
82 certified as an adult.
83      5. Upon certification of the individual as an adult,
84 the certifying court shall order a law enforcement agency to
85 immediately fingerprint and photograph the individual and
86 certification papers will be forwarded to the appropriate
87 law enforcement agency with the order for fingerprinting.
88 The law enforcement agency shall submit such fingerprints,
89 photograph, and certification papers to the central
90 repository within fifteen days and shall furnish the offense
91 cycle number associated with the fingerprints to the
92 prosecuting attorney or the circuit attorney of a city not
93 within a county and to the clerk of the court ordering the
94 subject fingerprinted.   If the juvenile is acquitted of the
95 crime and is no longer certified as an adult, the
96 prosecuting attorney shall notify within fifteen days the
97 central repository of the change of status of the juvenile.
98 Records of a child who has been fingerprinted and
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99  photographed after being taken into custody shall be closed
100 records as provided under section 610.100 if a petition has
101 not been filed within thirty days of the date that the child
102 was taken into custody; and if a petition for the child has
103 not been filed within one year of the date the child was
104 taken into custody, any records relating to the child
105 concerning the alleged offense may be expunged under the
106 procedures in sections 610.122 to 610.126.
107      6. The prosecuting attorney of each county or the
108 circuit attorney of a city not within a county or the
109 municipal prosecuting attorney shall notify the central
110 repository on standard forms supplied by the highway patrol
111 or in a manner approved by the highway patrol of his or her
112 decision to not file a criminal charge on any charge
113 referred to such prosecuting attorney or circuit attorney
114 for criminal charges.   All records forwarded to the central
115 repository and the courts by prosecutors or circuit
116 attorneys as required by sections 43.500 to 43.530 shall
117 include the state offense cycle number of the offense, the
118 charge code for the offense, and the originating agency
119 identifier number of the reporting prosecutor, using such
120 numbers as assigned by the highway patrol.
121      7. The clerk of the courts of each county or city not
122 within a county or municipal court clerk shall furnish the
123 central repository, on standard forms supplied by the
124 highway patrol or in a manner approved by the highway
125 patrol, with a record of all charges filed, including all
126 those added subsequent to the filing of a criminal court
127 case, amended charges, and all final dispositions of cases
128 for which the central repository has a record of an arrest
129 or a record of fingerprints reported pursuant to sections
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130 43.500 to 43.506.   Such information shall include, for each
131 charge:
132      (1) All judgments of not guilty, acquittals on the
133 ground of mental disease or defect excluding responsibility,
134 judgments or pleas of guilty including the sentence, if any,
135 or probation, if any, pronounced by the court, nolle pros,
136 discharges, releases and dismissals in the trial court;
137      (2) Court orders filed with the clerk of the courts
138 which reverse a reported conviction or vacate or modify a
139 sentence;
140      (3) Judgments terminating or revoking a sentence to
141 probation, supervision or conditional release and any
142 resentencing after such revocation; and
143      (4) The offense cycle number of the offense, and the
144 originating agency identifier number of the sentencing
145 court, using such numbers as assigned by the highway patrol.
146      8. The clerk of the courts of each county or city not
147 within a county shall furnish, to the department of
148 corrections or department of mental health, court judgment
149 and sentence documents and the state offense cycle number
150 and the charge code of the offense which resulted in the
151 commitment or assignment of an offender to the jurisdiction
152 of the department of corrections or the department of mental
153 health if the person is committed pursuant to chapter 552.
154 This information shall be reported to the department of
155 corrections or the department of mental health at the time
156 of commitment or assignment.    If the offender was already in
157 the custody of the department of corrections or the
158 department of mental health at the time of such subsequent
159 conviction, the clerk shall furnish notice of such
160 subsequent conviction to the appropriate department by
161 certified mail, return receipt requested, or in a manner and
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162 format mutually agreed to, within fifteen days of such
163 disposition.
164      9. Information and fingerprints, photograph and if
165 available, any other unique biometric identification
166 collected, forwarded to the central repository, normally
167 obtained from a person at the time of the arrest, may be
168 obtained at any time the subject is in the criminal justice
169 system or committed to the department of mental health.    A
170 law enforcement agency or the department of corrections may
171 fingerprint, photograph, and capture any other unique
172 biometric identification of the person unless collecting
173 other unique biometric identification of the person is not
174 financially feasible for the law enforcement agency, and
175 obtain the necessary information at any time the subject is
176 in custody. If at the time of any court appearance, the
177 defendant has not been fingerprinted and photographed for an
178 offense in which a fingerprint and photograph is required by
179 statute to be collected, maintained, or disseminated by the
180 central repository, the court shall order a law enforcement
181 agency or court marshal to fingerprint and photograph
182 immediately the defendant.   The order for fingerprints shall
183 contain the offense, charge code, date of offense, and any
184 other information necessary to complete the fingerprint
185 card. The law enforcement agency or court marshal shall
186 submit such fingerprints, photograph, and if available, any
187 other unique biometric identification collected, to the
188 central repository without undue delay and within thirty
189 days and shall furnish the offense cycle number associated
190 with the fingerprints to the prosecuting attorney or the
191 circuit attorney of a city not within a county and to the
192 court clerk of the court ordering the subject fingerprinted.
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193      10. The department of corrections and the department
194 of mental health shall furnish the central repository with
195 all information concerning the receipt, escape, execution,
196 death, release, pardon, parole, commutation of sentence,
197 granting of executive clemency, legal name change, or
198 discharge of an individual who has been sentenced to that
199 department's custody for any offenses which are mandated by
200 law to be collected, maintained or disseminated by the
201 central repository.   All records forwarded to the central
202 repository by the department as required by sections 43.500
203 to [43.651] 43.600 shall include the offense cycle number of
204 the offense, and the originating agency identifier number of
205 the department using such numbers as assigned by the highway
206 patrol.
143.506. 1.    Those offenses considered reportable for
2  the purposes of sections 43.500 to [43.651] 43.600 include
3  all felonies; class A misdemeanors; all violations for
4  driving under the influence of drugs or alcohol; any offense
5  that can be enhanced to a class A misdemeanor or higher for
6  subsequent violations; and comparable ordinance violations
7  consistent with the reporting standards established by the
8  National Crime Information Center, Federal Bureau of
9  Investigation, for the Federal Interstate Identification
10  Index System; and all cases arising under chapter 566.     The
11  following types of offenses shall not be considered
12  reportable for the purposes of sections 57.403, 43.500 to
13  [43.651] 43.600, and 595.200 to 595.218:    nonspecific
14  charges of suspicion or investigation, general traffic
15  violations and all misdemeanor violations of the state
16  wildlife code.    All offenses considered reportable shall be
17  reviewed annually and noted in the Missouri charge code
18  manual established in section 43.512.    All information
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19 collected pursuant to sections 43.500 to [43.651] 43.600
20 shall be available only as set forth in section 610.120.
21      2. Law enforcement agencies, court clerks, prosecutors
22 and custody agencies may report required information by
23 electronic medium either directly to the central repository
24 or indirectly to the central repository via other criminal
25 justice agency computer systems in the state with the
26 approval of the highway patrol, based upon standards
27 established by the advisory committee.
28      3. In addition to the repository of fingerprint
29 records for individual offenders and applicants, the central
30 repository of criminal history and identification records
31 for the state shall maintain a repository of latent prints,
32 palm prints and other unique biometric identification
33 submitted to the repository.
1      43.509. The director of the department of public
2 safety shall, in accordance with the provisions of chapter
3 536, establish such rules and regulations as are necessary
4 to implement the provisions of sections 43.500 to [43.651]
5 43.600.   All collection and dissemination of criminal
6 history information shall be in compliance with chapter 610
7 and applicable federal laws or regulations.   Such rules
8 shall relate to the collection of criminal history
9 information from or dissemination of such information to
10 criminal justice, noncriminal justice, and private agencies
11 or citizens both in this and other states.    No rule or
12 portion of a rule promulgated under the authority of
13 sections 43.500 to [43.651] 43.600 shall become effective
14 unless it has been promulgated pursuant to the provisions of
15 section 536.024.
1      43.527. For purposes of sections 43.500 to [43.651]
2 43.600, all federal and nonstate of Missouri agencies and
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3 persons shall pay for criminal records checks, fingerprint
4 searches, and any of the information as defined in
5 subdivision (5) of section 43.500, when such information is
6 not related to the administration of criminal justice.
7 There shall be no charge for information supplied to
8 criminal justice agencies for the administration of criminal
9 justice. For purposes of sections 43.500 to [43.651]
10 43.600, the administration of criminal justice is defined in
11 subdivision (1) of section 43.500 and shall be available
12 only as set forth in section 610.120.
1      43.530. 1.     For each request requiring the payment of
2 a fee received by the central repository, the requesting
3 entity shall pay a fee of not more than nine dollars per
4 request for criminal history record information not based on
5 a fingerprint search.    In each year beginning on or after
6 January 1, 2010, the superintendent may increase the fee
7 paid by requesting entities by an amount not to exceed one
8 dollar per year, however, under no circumstance shall the
9 fee paid by requesting entities exceed fifteen dollars per
10 request.
11      2. For each request requiring the payment of a fee
12 received by the central repository, the requesting entity
13 shall pay a fee of not more than twenty dollars per request
14 for criminal history record information based on a
15 fingerprint search, unless the request is required under the
16 provisions of subdivision (6) of section 210.481, section
17 210.487, or section 571.101, in which case the fee shall be
18 fourteen dollars.
19      3. A request made under subsections 1 and 2 of this
20 section shall be limited to check and search on one
21 individual. Each request shall be accompanied by a check,
22 warrant, voucher, money order, or electronic payment payable
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23 to the state of Missouri-criminal record system or payment
24 shall be made in a manner approved by the highway patrol.
25 The highway patrol may establish procedures for receiving
26 requests for criminal history record information for
27 classification and search for fingerprints, from courts and
28 other entities, and for the payment of such requests.     There
29 is hereby established by the treasurer of the state of
30 Missouri a fund to be entitled as the "Criminal Record
31 System Fund".   Notwithstanding the provisions of section
32 33.080 to the contrary, if the moneys collected and
33 deposited into this fund are not totally expended annually
34 for the purposes set forth in sections 43.500 to [43.651]
35 43.600, the unexpended moneys in such fund shall remain in
36 the fund and the balance shall be kept in the fund to
37 accumulate from year to year.
1      527.270.   1. Hereafter every person desiring to change
2 his or her name may present a petition to that effect,
3 verified by affidavit, to the circuit court in the county of
4 the petitioner's residence, which petition shall set forth
5 the petitioner's full name, the new name desired, and a
6 concise statement of the reason for such desired change; and
7 it shall be the duty of the judge of such court to order
8 such change to be made, and spread upon the records of the
9 court, in proper form, if such judge is satisfied that the
10 desired change would be proper and not detrimental to the
11 interests of any other person.
12      2.   Notwithstanding subsection 1 of this section, no
13 person required to register under sections 589.400 to
14 589.425 shall change his or her name for the period of time
15 he or she is required to register on the registry.
1      589.400.   1. Unless exempt from registering under
2 section 589.401, sections 589.400 to 589.425 shall apply to:
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3      (1) Any person who, since July 1, 1979, has been or is
4 hereafter adjudicated for an offense [referenced in section
5 589.414, unless such person is exempt from registering under
6 subsection 9 or 10 of this section or section 589.401] that
7 would classify the person as a tier I offender, tier II
8 offender, or tier III offender in this state;
9      (2) [Any person who, since July 1, 1979, has been or
10 is hereafter convicted of, been found guilty of, or pled
11 guilty or nolo contendere to committing, attempting to
12 commit, or conspiring to commit one or more of the following
13 offenses: kidnapping or kidnapping in the first degree when
14 the victim was a child and the defendant was not a parent or
15 guardian of the child; abuse of a child under section
16 568.060 when such abuse is sexual in nature; felonious
17 restraint or kidnapping in the second degree when the victim
18 was a child and the defendant is not a parent or guardian of
19 the child; sexual contact or sexual intercourse with a
20 resident of a nursing home or sexual conduct with a nursing
21 facility resident or vulnerable person in the first or
22 second degree; endangering the welfare of a child under
23 section 568.045 when the endangerment is sexual in nature;
24 genital mutilation of a female child, under section 568.065;
25 promoting prostitution in the first degree; promoting
26 prostitution in the second degree; promoting prostitution in
27 the third degree; sexual exploitation of a minor; promoting
28 child pornography in the first degree; promoting child
29 pornography in the second degree; possession of child
30 pornography; furnishing pornographic material to minors;
31 public display of explicit sexual material; coercing
32 acceptance of obscene material; promoting obscenity in the
33 first degree; promoting pornography for minors or obscenity
34 in the second degree; incest; use of a child in a sexual
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35 performance; or promoting sexual performance by a child;
36 patronizing prostitution if the individual the person
37 patronizes is less than eighteen years of age;
38      (3)]    Any person who, since July 1, 1979, has been
39 committed to the department of mental health as a criminal
40 sexual psychopath;
41      [(4)] (3)   Any person who, since July 1, 1979, has been
42 found not guilty as a result of mental disease or defect of
43 any offense [referenced in section 589.414] that would
44 classify the person as a tier I offender, tier II offender,
45 or tier III offender;
46      [(5)] (4)   Any juvenile certified as an adult and
47 transferred to a court of general jurisdiction who has been
48 adjudicated for an offense [listed under section 589.414]
49 that would classify the juvenile as a tier I offender, tier
50 II offender, or tier III offender;
51      [(6)] (5)   Any juvenile fourteen years of age or older
52 at the time of the offense who has been adjudicated for an
53 offense which is equal to or more severe than aggravated
54 sexual abuse under 18 U.S.C. Section 2241, which shall
55 include any attempt or conspiracy to commit such offense.
56 Juveniles registering under this subdivision shall be
57 assigned a tier under the provisions of section 589.414 and
58 eligible for removal when meeting all other qualifications
59 in sections 589.400 to 589.425.    The tier assignment under
60 section 589.414 shall be only for the purposes of
61 registration visit frequency and removal eligibility and
62 shall not otherwise affect the analysis of whether
63 registration is required under this section;
64      [(7)] (6)   Any person who is a resident of this state
65 who has, since July 1, 1979, been or is hereafter
66 adjudicated in any other state, territory, the District of
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67 Columbia, or foreign country, or under federal, tribal, or
68 military jurisdiction for an offense which, if committed in
69 this state, would constitute an offense [listed under
70 section 589.414] that would classify the person as a tier I
71 offender, tier II offender, or tier III offender, or has
72 been or is required to register in another state, territory,
73 the District of Columbia, or foreign country, or has been or
74 is required to register under tribal, federal, or military
75 law.   Persons registering under this subdivision shall be
76 assigned a tier under the provisions of section 589.414 and
77 eligible for removal when meeting all other qualifications
78 in sections 589.400 to 589.425.     The tier assignment under
79 section 589.414 shall be only for the purposes of
80 registration visit frequency and removal eligibility and
81 shall not otherwise affect the analysis of whether
82 registration is required under this section; or
83[(8)] (7)   Any person who has been or is required to
84 register in another state, territory, the District of
85 Columbia, or foreign country, or has been or is required to
86 register under tribal, federal, or military law and who
87 works or attends an educational institution, whether public
88 or private in nature, including any secondary school, trade
89 school, professional school, or institution of higher
90 education on a full-time or on a part-time basis or has a
91 temporary residence in Missouri.     ["Part-time" in this
92 subdivision means for more than seven days in any twelve-
93 month period.] Persons registering under this subdivision
94 shall be assigned a tier under the provisions of section
95 589.414 and eligible for removal when meeting all other
96 qualifications in sections 589.400 to 589.425.     The tier
97 assignment under section 589.414 shall be only for the
98 purposes of registration visit frequency and removal
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99  eligibility and shall not otherwise affect the analysis of
100 whether registration is required under this section.
101      2. Any person or juvenile to whom sections 589.400 to
102 589.425 apply shall, within three business days of
103 adjudication, release from incarceration, [or] placement
104 upon probation, release from commitment to the division of
105 youth services, release from the department of mental
106 health, or release from other placement, register with the
107 [chief law enforcement] registration official of the county
108 or city not within a county in which such person or juvenile
109 resides unless such person has already registered in that
110 county for the same offense.    [For any juvenile under
111 subdivision (6) of subsection 1 of this section, within
112 three business days of adjudication or release from
113 commitment to the division of youth services, the department
114 of mental health, or other placement, such juvenile shall
115 register with the chief law enforcement official of the
116 county or city not within a county in which he or she
117 resides unless he or she has already registered in such
118 county or city not within a county for the same offense.]
119 Any person or juvenile to whom sections 589.400 to 589.425
120 apply if not currently registered in their county of
121 residence shall register with the [chief law enforcement]
122 registration official [of such county or city not within a
123 county] within three business days.    The [chief law
124 enforcement] registration official shall forward a copy of
125 the registration form required by section 589.407 to a city,
126 town, village, or campus law enforcement agency located
127 within the county of the [chief law enforcement]
128 registration official.
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129      3. [The registration requirements of sections 589.400
130 through 589.425 shall be as provided under subsection 4 of
131 this section unless:
132      (1) All offenses requiring registration are reversed,
133 vacated, or set aside;
134      (2) The registrant is no longer required to register
135 and his or her name shall be removed from the registry under
136 the provisions of section 589.414; or
137      (3) The court orders the removal or exemption of such
138 person from the registry under section 589.401.
139      4.]     The registration requirements shall be as follows:
140      (1) Fifteen years if the offender is a tier I [sex]
141 offender [as provided under section 589.414];
142      (2) Twenty-five years if the offender is a tier II
143 [sex] offender [as provided under section 589.414]; or
144      (3) The life of the offender if the offender is a tier
145 III [sex] offender.
146      [5.] 4. (1)     The registration period shall be reduced
147 as described in subdivision (3) of this subsection for a sex
148 offender who maintains a clean record for the periods
149 described under subdivision (2) of this subsection by:
150      (a) Not being adjudicated of any offense for which
151 imprisonment for more than one year may be imposed;
152      (b) Not being adjudicated of any sex offense;
153      (c) Successfully completing any periods of supervised
154 release, probation, or parole; and
155      (d) Successfully completing an appropriate sex
156 offender treatment program certified by a jurisdiction or
157 the attorney general, regardless of whether such program was
158 court ordered or voluntary.     If records of program
159 completion are unavailable and completion of such program
160 was required as a term of probation, an order discharging
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161 the offender from probation or other record acknowledging
162 satisfactory completion of probation shall constitute prima
163 facie evidence that the offender successfully completed the
164 necessary sex offender treatment program unless rebutted by
165 evidence to the contrary.
166      (2) In the case of a:
167      (a) Tier I [sex] offender, the period during which the
168 clean record shall be maintained is ten years;
169      (b) Tier III [sex] offender adjudicated delinquent for
170 the offense which required registration in a sex offender
171 registry under sections 589.400 to 589.425, the period
172 during which the clean record shall be maintained is twenty-
173 five years.
174      (3) In the case of a:
175      (a) Tier I [sex] offender, the reduction is five years;
176      (b) Tier III [sex] offender adjudicated delinquent,
177 the reduction is from life to that period for which the
178 clean record under paragraph (b) of subdivision (2) of this
179 subsection is maintained.
180      [6.] 5. For processing an initial sex offender
181 registration, the [chief law enforcement officer of the
182 county or city not within a county] registration official
183 may charge the offender registering a fee of up to ten
184 dollars.
185      [7.] 6. For processing any change in registration
186 required pursuant to section 589.414, the [chief law
187 enforcement] registration official [of the county or city
188 not within a county] may charge the person changing their
189 registration a fee of five dollars for each change made
190 after the initial registration.
191      [8. Any person currently on the sexual offender
192 registry or who otherwise would be required to register for
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193 being adjudicated for the offense of felonious restraint of
194 a nonsexual nature when the victim was a child and he or she
195 was the parent or guardian of the child, nonsexual child
196 abuse that was committed under section 568.060, or
197 kidnapping of a nonsexual nature when the victim was a child
198 and he or she was the parent or guardian of the child shall
199 be removed from the registry.      However, such person shall
200 remain on the sexual offender registry for any other offense
201 for which he or she is required to register under sections
202 589.400 to 589.425.
203      9. The following persons shall be exempt from
204 registering as a sexual offender upon petition to the court
205 of jurisdiction under section 589.401; except that, such
206 person shall remain on the sexual offender registry for any
207 other offense for which he or she is required to register
208 under sections 589.400 to 589.425:
209      (1) Any person currently on the sexual offender
210 registry or who otherwise would be required to register for
211 a sexual offense involving:
212      (a) Sexual conduct where no force or threat of force
213 was directed toward the victim or any other individual
214 involved, if the victim was an adult, unless the adult was
215 under the custodial authority of the offender at the time of
216 the offense; or
217      (b) Sexual conduct where no force or threat of force
218 was directed toward the victim, the victim was at least
219 fourteen years of age, and the offender was not more than
220 four years older than the victim at the time of the offense;
221 or
222      (2) Any person currently required to register for the
223 following sexual offenses:
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224      (a) Promoting obscenity in the first degree under
225 section 573.020;
226      (b) Promoting obscenity in the second degree under
227 section 573.030;
228      (c) Furnishing pornographic materials to minors under
229 section 573.040;
230      (d) Public display of explicit sexual material under
231 section 573.060;
232      (e) Coercing acceptance of obscene material under
233 section 573.065;
234      (f) Trafficking for the purpose of slavery,
235 involuntary servitude, peonage, or forced labor under
236 section 566.206;
237      (g) Abusing an individual through forced labor under
238 section 566.203;
239      (h) Contributing to human trafficking through the
240 misuse of documentation under section 566.215; or
241      (i) Acting as an international marriage broker and
242 failing to provide the information and notice as required
243 under section 578.475.
244      10. Any person currently on the sexual offender
245 registry for having been adjudicated for a tier I or II
246 offense or adjudicated delinquent for a tier III offense or
247 other comparable offenses listed under section 589.414 may
248 file a petition under section 589.401.]
249      7.   Any person with a primary residence outside this
250 state who has a temporary residence in this state in which
251 he or she resides for more than a part-time period shall
252 register with the registration official in the jurisdiction
253 of the temporary residence in accordance with this section
254 for the duration of such person's temporary residency.
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255      [11.] 8.    Any [nonresident worker] person who is not a
256 resident of this state and not currently registered due to
257 temporary residence under subsection 7 of this section and
258 who works, including work as a volunteer or intern, or is a
259 nonresident student shall register for the duration of such
260 person's employment, including participation as a volunteer
261 or intern, or attendance at any school of higher education,
262 whether public or private, including any secondary school,
263 trade school, professional school, or institution of higher
264 education on a full-time or part-time basis [in this state
265 unless granted relief under section 589.401.      Any registered
266 offender shall provide information regarding any place in
267 which the offender is staying when away from his or her
268 residence for seven or more days, including the period of
269 time the offender is staying in such place.      Any registered
270 offender from another state who has a temporary residence in
271 this state and resides more than seven days in a twelve-
272 month period shall register for the duration of such
273 person's temporary residency unless granted relief under
274 section 589.401], as long as the status requiring
275 registration remains active.       Such registration shall occur
276 in the county or city not within a county where the status
277 requiring registration occurs.       If more than one county or
278 city not within a county meets the requirement, priority
279 shall be in the following order:
280      (1)     The county of work;
281      (2)     The county of school; and
282      (3)     The county of volunteering or any other required
283 status,
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284 with registration being required at only the highest
285 priority county or city not within a county where the
286 registerable status remains.
1[589.400. 1. Sections 589.400 to 589.425
2shall apply to:
3(1) Any person who, since July 1, 1979,
4has been or is hereafter adjudicated for an
5offense referenced in section 589.414, unless
6such person is exempt from registering under
7subsection 9 or 10 of this section or section
8589.401;
9(2) Any person who, since July 1, 1979,
10has been or is hereafter convicted of, been
11found guilty of, or pled guilty or nolo
12contendere to committing, attempting to commit,
13or conspiring to commit one or more of the
14following offenses: kidnapping or kidnapping in
15the first degree when the victim was a child and
16the defendant was not a parent or guardian of
17the child; abuse of a child under section
18568.060 when such abuse is sexual in nature;
19felonious restraint or kidnapping in the second
20degree when the victim was a child and the
21defendant is not a parent or guardian of the
22child; sexual contact or sexual intercourse with
23a resident of a nursing home or sexual conduct
24with a nursing facility resident or vulnerable
25person in the first or second degree;
26endangering the welfare of a child under section
27568.045 when the endangerment is sexual in
28nature; genital mutilation of a female child,
29under section 568.065; promoting prostitution in
30the first degree; promoting prostitution in the
31second degree; promoting prostitution in the
32third degree; sexual exploitation of a minor;
33promoting child pornography in the first degree
34as it existed prior to August 28, 2026;
35promoting child sexual abuse material in the
36first degree; promoting child pornography in the
37second degree as it existed prior to August 28,
382026; promoting child sexual abuse material in
39the second degree; possession of child
HCS SB 982  24
40      pornography as it existed prior to August 28,
41      2026; possession of child sexual abuse material;
42      furnishing pornographic material to minors;
43      public display of explicit sexual material;
44      coercing acceptance of obscene material;
45      promoting obscenity in the first degree;
46      promoting pornography for minors or obscenity in
47      the second degree; incest; use of a child in a
48      sexual performance; or promoting sexual
49      performance by a child; patronizing prostitution
50      if the individual the person patronizes is less
51      than eighteen years of age; grooming of a minor;
52      nonconsensual dissemination of private sexual
53      images; or threatening the nonconsensual
54      dissemination of private sexual images;
55(3) Any person who, since July 1, 1979,
56      has been committed to the department of mental
57      health as a criminal sexual psychopath;
58(4) Any person who, since July 1, 1979,
59      has been found not guilty as a result of mental
60      disease or defect of any offense referenced in
61      section 589.414;
62(5) Any juvenile certified as an adult and
63      transferred to a court of general jurisdiction
64      who has been adjudicated for an offense listed
65      under section 589.414;
66(6) Any juvenile fourteen years of age or
67      older at the time of the offense who has been
68      adjudicated for an offense which is equal to or
69      more severe than aggravated sexual abuse under
70      18 U.S.C. Section 2241, which shall include any
71      attempt or conspiracy to commit such offense;
72(7) Any person who is a resident of this
73      state who has, since July 1, 1979, been or is
74      hereafter adjudicated in any other state,
75      territory, the District of Columbia, or foreign
76      country, or under federal, tribal, or military
77      jurisdiction for an offense which, if committed
78      in this state, would constitute an offense
79      listed under section 589.414, or has been or is
80      required to register in another state,
81      territory, the District of Columbia, or foreign
82      country, or has been or is required to register
83      under tribal, federal, or military law; or
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84(8) Any person who has been or is required
85      to register in another state, territory, the
86      District of Columbia, or foreign country, or has
87      been or is required to register under tribal,
88      federal, or military law and who works or
89      attends an educational institution, whether
90      public or private in nature, including any
91      secondary school, trade school, professional
92      school, or institution of higher education on a
93      full-time or on a part-time basis or has a
94      temporary residence in Missouri. "Part-time" in
95      this subdivision means for more than seven days
96      in any twelve-month period.
972. Any person to whom sections 589.400 to
98      589.425 apply shall, within three business days
99      of adjudication, release from incarceration, or
100      placement upon probation, register with the
101      chief law enforcement official of the county or
102      city not within a county in which such person
103      resides unless such person has already
104      registered in that county for the same offense.
105      For any juvenile under subdivision (6) of
106      subsection 1 of this section, within three
107      business days of adjudication or release from
108      commitment to the division of youth services,
109      the department of mental health, or other
110      placement, such juvenile shall register with the
111      chief law enforcement official of the county or
112      city not within a county in which he or she
113      resides unless he or she has already registered
114      in such county or city not within a county for
115      the same offense. Any person to whom sections
116      589.400 to 589.425 apply if not currently
117      registered in their county of residence shall
118      register with the chief law enforcement official
119      of such county or city not within a county
120      within three business days. The chief law
121      enforcement official shall forward a copy of the
122      registration form required by section 589.407 to
123      a city, town, village, or campus law enforcement
124      agency located within the county of the chief
125      law enforcement official.
1263. The registration requirements of
127      sections 589.400 through 589.425 shall be as
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128      provided under subsection 4 of this section
129      unless:
130(1) All offenses requiring registration
131      are reversed, vacated, or set aside;
132(2) The registrant is no longer required
133      to register and his or her name shall be removed
134      from the registry under the provisions of
135      section 589.414; or
136(3) The court orders the removal or
137      exemption of such person from the registry under
138      section 589.401.
1394. The registration requirements shall be
140      as follows:
141(1) Fifteen years if the offender is a
142      tier I sex offender as provided under section
143      589.414;
144(2) Twenty-five years if the offender is a
145      tier II sex offender as provided under section
146      589.414; or
147(3) The life of the offender if the
148      offender is a tier III sex offender.
1495. (1) The registration period shall be
150      reduced as described in subdivision (3) of this
151      subsection for a sex offender who maintains a
152      clean record for the periods described under
153      subdivision (2) of this subsection by:
154(a) Not being adjudicated of any offense
155      for which imprisonment for more than one year
156      may be imposed;
157(b) Not being adjudicated of any sex
158      offense;
159(c) Successfully completing any periods of
160      supervised release, probation, or parole; and
161(d) Successfully completing an appropriate
162      sex offender treatment program certified by the
163      attorney general.
164(2) In the case of a:
165(a) Tier I sex offender, the period during
166      which the clean record shall be maintained is
167      ten years;
168(b) Tier III sex offender adjudicated
169      delinquent for the offense which required
170      registration in a sex offender registry under
171      sections 589.400 to 589.425, the period during
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172      which the clean record shall be maintained is
173      twenty-five years.
174(3) In the case of a:
175(a) Tier I sex offender, the reduction is
176      five years;
177(b) Tier III sex offender adjudicated
178      delinquent, the reduction is from life to that
179      period for which the clean record under
180      paragraph (b) of subdivision (2) of this
181      subsection is maintained.
1826. For processing an initial sex offender
183      registration the chief law enforcement officer
184      of the county or city not within a county may
185      charge the offender registering a fee of up to
186      ten dollars.
1877. For processing any change in
188      registration required pursuant to section
189      589.414 the chief law enforcement official of
190      the county or city not within a county may
191      charge the person changing their registration a
192      fee of five dollars for each change made after
193      the initial registration.
1948. Any person currently on the sexual
195      offender registry or who otherwise would be
196      required to register for being adjudicated for
197      the offense of felonious restraint of a
198      nonsexual nature when the victim was a child and
199      he or she was the parent or guardian of the
200      child, nonsexual child abuse that was committed
201      under section 568.060, or kidnapping of a
202      nonsexual nature when the victim was a child and
203      he or she was the parent or guardian of the
204      child shall be removed from the registry.
205      However, such person shall remain on the sexual
206      offender registry for any other offense for
207      which he or she is required to register under
208      sections 589.400 to 589.425.
2099. The following persons shall be exempt
210      from registering as a sexual offender upon
211      petition to the court of jurisdiction under
212      section 589.401; except that, such person shall
213      remain on the sexual offender registry for any
214      other offense for which he or she is required to
215      register under sections 589.400 to 589.425:
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216(1) Any person currently on the sexual
217      offender registry or who otherwise would be
218      required to register for a sexual offense
219      involving:
220(a) Sexual conduct where no force or
221      threat of force was directed toward the victim
222      or any other individual involved, if the victim
223      was an adult, unless the adult was under the
224      custodial authority of the offender at the time
225      of the offense; or
226(b) Sexual conduct where no force or
227      threat of force was directed toward the victim,
228      the victim was at least fourteen years of age,
229      and the offender was not more than four years
230      older than the victim at the time of the
231      offense; or
232(2) Any person currently required to
233      register for the following sexual offenses:
234(a) Promoting obscenity in the first
235      degree under section 573.020;
236(b) Promoting obscenity in the second
237      degree under section 573.030;
238(c) Furnishing pornographic materials to
239      minors under section 573.040;
240(d) Public display of explicit sexual
241      material under section 573.060;
242(e) Coercing acceptance of obscene
243      material under section 573.065;
244(f) Trafficking for the purpose of
245      slavery, involuntary servitude, peonage, or
246      forced labor under section 566.206;
247(g) Abusing an individual through forced
248      labor under section 566.203;
249(h) Contributing to human trafficking
250      through the misuse of documentation under
251      section 566.215; or
252(i) Acting as an international marriage
253      broker and failing to provide the information
254      and notice as required under section 578.475.
25510. Any person currently on the sexual
256      offender registry for having been adjudicated
257      for a tier I or II offense or adjudicated
258      delinquent for a tier III offense or other
 HCS SB 982  29
259      comparable offenses listed under section 589.414
260      may file a petition under section 589.401.
26111. Any nonresident worker, including work
262      as a volunteer or intern, or nonresident student
263      shall register for the duration of such person's
264      employment, including participation as a
265      volunteer or intern, or attendance at any school
266      of higher education whether public or private,
267      including any secondary school, trade school,
268      professional school, or institution of higher
269      education on a full-time or part-time basis in
270      this state unless granted relief under section
271      589.401. Any registered offender shall provide
272      information regarding any place in which the
273      offender is staying when away from his or her
274      residence for seven or more days, including the
275      period of time the offender is staying in such
276      place. Any registered offender from another
277      state who has a temporary residence in this
278      state and resides more than seven days in a
279      twelve-month period shall register for the
280      duration of such person's temporary residency
281      unless granted relief under section 589.401.]
1589.401.   1. A person on the sexual offender registry
2  of this state may file a petition in the division of the
3  circuit court in the county or city not within a county in
4  which the offense requiring registration was [committed]
5  adjudicated to have his or her name exempted or removed from
6  the sexual offender registry in accordance with this section.
72. (1) A person who is required to register in this
8  state because of an offense that was adjudicated in another
9  jurisdiction shall file his or her petition for removal,
10  termination, or relief from registration, or the declaratory
11  judgment providing for removal, termination, or relief from
12  registration according to the laws of the state, federal,
13  territory, tribal, or military jurisdiction, the District of
14  Columbia, or foreign country in which his or her offense was
15  adjudicated. Upon [the grant of the petition for removal in
HCS SB 982  30
16 the] entry of a judgment by a court of competent
17 jurisdiction [where the offense was adjudicated] providing
18 that the person is no longer required to register as a sex
19 offender under the laws of the adjudicating jurisdiction,
20 such judgment may be registered in this state by sending the
21 information required under subsection 5 of this section as
22 well as one authenticated copy of the order granting removal
23 from the sexual offender registry in the jurisdiction where
24 the offense was adjudicated to the court in the county or
25 city not within a county in which the offender is required
26 to register. On receipt of a request for registration
27 removal, the registering court shall cause the order to be
28 filed as a foreign judgment, together with one copy of the
29 documents and information, regardless of their form.     The
30 petitioner shall be responsible for costs associated with
31 filing the petition.    Nothing in this subdivision shall be
32 construed to remove any requirements for a petition under
33 this section or to remove the requirement that a person
34 prove he or she is entitled to removal under Missouri law,
35 when applicable.
36      (2)     A person required to register as an offender in
37 this state based solely on an offense adjudicated in another
38 jurisdiction may file a petition for removal from this
39 state's sexual offender registry, provided that:
40      (a)     The offense did not require the person to register
41 as an offender in the adjudicating jurisdiction at the time
42 the offense was adjudicated; or
43      (b)     The person never resided, worked, or attended
44 school in the adjudicating jurisdiction and was never
45 required to register in the adjudicating jurisdiction.
46      (3)     A petition filed under subdivision (2) of this
47 subsection shall otherwise satisfy the requirements
HCS SB 982  31
48 applicable to a petition filed under subdivision (1) of this
49 subsection.
50      3. A person required to register as a tier III
51 offender shall not file a petition under this section unless
52 the requirement to register results from a juvenile
53 adjudication.
54      4. The petition shall be dismissed without prejudice
55 if the following time periods have not elapsed since the
56 date the person was required to register for his or her most
57 recent offense under sections 589.400 to 589.425:
58      (1) For a tier I offense, ten years;
59      (2) For a tier II offense, twenty-five years; or
60      (3) For a tier III offense adjudicated delinquent,
61 twenty-five years.
62      5. The petition shall be dismissed without prejudice
63 if it fails to include any of the following:
64      (1) The petitioner's:
65      (a) Full name, including any alias used by the
66 [individual] petitioner;
67      (b) Sex;
68      (c) Race;
69      (d) Date of birth;
70      (e) Last four digits of the Social Security number;
71      (f) Address; and
72      (g) Place of employment, school, or volunteer status;
73      (2) The offense and tier of the offense that required
74 the petitioner to register;
75      (3) The date the petitioner was adjudicated for the
76 offense;
77      (4) The date the petitioner was required to register;
 HCS SB 982  32
78(5) The case number and court, including the county or
79  city not within a county, that entered the original order
80  for the adjudicated sex offense;
81(6) Petitioner's original fingerprints on an applicant
82  fingerprint card;
83(7) If the petitioner was pardoned or an offense
84  requiring registration was reversed, vacated, or set aside,
85  an authenticated copy of the order; and
86(8) If the petitioner is currently registered under
87  applicable law and has not been adjudicated for failure to
88  register in any jurisdiction and does not have any charges
89  pending for failure to register.
906. The petition shall name as respondents the Missouri
91  state highway patrol and the [chief law enforcement]
92  registration official in the county or city not within a
93  county in which the petition is filed.
947. All proceedings under this section shall be
95  governed under the Missouri supreme court rules of civil
96  procedure.
978. The person seeking removal or exemption from the
98  registry shall provide the prosecuting attorney in the
99  circuit court in which the petition is filed with notice of
100 the petition.   The prosecuting attorney may present evidence
101 in opposition to the requested relief or may otherwise
102 demonstrate the reasons why the petition should be denied.
103 Failure of the person seeking removal or exemption from the
104 registry to notify the prosecuting attorney of the petition
105 shall result in an automatic denial of such person's
106 petition.
107      9. The Missouri state highway patrol, the prosecuting
108 attorney in the circuit court in which the petition is
109 filed, and the petitioner shall have access to all
 HCS SB 982  33
110 applicable records concerning the petitioner including, but
111 not limited to, criminal history records, mental health
112 records, juvenile records, and records of the department of
113 corrections or probation and parole.
114      10. The prosecuting attorney shall make reasonable
115 efforts to notify the victim of the crime for which the
116 person was required to register of the petition and the
117 dates and times of any hearings or other proceedings in
118 connection with such petition.
119      11. The court shall not enter an order directing the
120 removal of the petitioner's name from the sexual offender
121 registry unless it finds the petitioner:
122      (1) Has not been adjudicated or does not have charges
123 pending for any additional nonsexual offense for which
124 imprisonment for more than one year may be imposed since the
125 date the offender was required to register for his or her
126 current tier level;
127      (2) Has not been adjudicated or does not have charges
128 pending for any additional sex offense that would require
129 registration under sections 589.400 to 589.425 since the
130 date the offender was required to register for his or her
131 current tier level, even if the offense was punishable by
132 less than one year imprisonment;
133      (3) Has successfully completed any required periods of
134 supervised release, probation, or parole without revocation
135 since the date the offender was required to register for his
136 or her current tier level, or, in the case of lifetime
137 supervision or probation, such term has been reduced or
138 terminated by a court of competent jurisdiction;
139      (4) Has successfully completed an appropriate sex
140 offender treatment program as approved by a court of
 HCS SB 982  34
141 competent jurisdiction or the Missouri department of
142 corrections; and
143      (5) Is not a current or potential threat to public
144 safety.
145      12. In order to meet the criteria required by
146 subdivisions (1) and (2) of subsection 11 of this section,
147 the fingerprints filed in the case shall be examined by the
148 Missouri state highway patrol.     The petitioner shall be
149 responsible for all costs associated with the fingerprint-
150 based criminal history check of both state and federal files
151 under section 43.530.
152      13. If the petition is denied due to an adjudication
153 in violation of subdivision (1) or (2) of subsection 11 of
154 this section, the petitioner shall not file a new petition
155 under this section until:
156      (1) Fifteen years have passed from the date of the
157 adjudication resulting in the denial of relief if the
158 petitioner is classified as a tier I offender;
159      (2) Twenty-five years have passed from the date of
160 adjudication resulting in the denial of relief if the
161 petitioner is classified as a tier II offender; or
162      (3) Twenty-five years have passed from the date of the
163 adjudication resulting in the denial of relief if the
164 petitioner is classified as a tier III offender on the basis
165 of a juvenile adjudication.
166      14. If the petition is denied due to the petitioner
167 having charges pending in violation of subdivision (1) or
168 (2) of subsection 11 of this section, the petitioner shall
169 not file a new petition under this section until:
170      (1) The pending charges resulting in the denial of
171 relief have been finally disposed of in a manner other than
172 adjudication; or
 HCS SB 982  35
173      (2) If the pending charges result in an adjudication,
174 the necessary time period has elapsed under subsection 13 of
175 this section.
176      15. (1)     Except as provided in subdivision (2) of this
177 subsection, if the petition is denied for reasons other than
178 those outlined in subsection 11 of this section, no
179 successive petition requesting such relief shall be filed
180 for at least five years from the date the judgment denying
181 relief is entered.
182      (2)     If the denial was based on a statute or law that
183 has since been amended, repealed, or invalidated, a person
184 may file a new petition within the five-year period.      In
185 addition to the requirements under subsection 5 of this
186 section, the new petition shall include the case number and
187 court of the prior petition and identify the applicable
188 change in the statute or law.
189      16. If the court finds the petitioner is entitled to
190 have his or her name removed from the sexual offender
191 registry, the court shall enter judgment directing the
192 removal of the name.    A copy of the judgment shall be
193 provided to the respondents named in the petition.
194      17. Any person subject to the judgment requiring his
195 or her name to be removed from the sexual offender registry
196 is not required to register under sections 589.400 to
197 589.425 unless such person is required to register for an
198 offense that was different from that listed on the judgment
199 of removal.
200      18. The court shall not deny the petition unless the
201 petition failed to comply with the provisions of sections
202 589.400 to 589.425 or the prosecuting attorney provided
203 evidence demonstrating the petition should be denied.
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204      19.     (1)   The provisions of subsections 3 and 4 of this
205 section shall not apply to persons filing for exemption
206 pursuant to this subsection.
207      (2)     Except as provided in this subsection, a petition
208 for exemption shall be governed by the other requirements
209 provided in this section.
210      (3)     A petition for exemption under this subsection
211 shall be the exclusive remedy for adjudicating the
212 applicability of the exemptions in this subsection.
213      (4)     A person shall be ordered exempt from registration
214 if the person meets the requirements of this section and the
215 offense requiring registration is:
216      (a)     Sexual conduct where no force or threat of force
217 was directed toward the victim, the victim was at least
218 fourteen years of age, and the person was not more than four
219 years older than the victim at the time of the offense,
220 unless the victim was under the custodial authority of the
221 offender at the time of the offense;
222      (b)     Sexual conduct where no force or threat of force
223 was directed toward the victim or any other individual
224 involved if the victim or other individual was eighteen
225 years of age or older, unless the victim was under the
226 custodial authority of the offender at the time of the
227 offense;
228      (c)     Promoting obscenity in the first degree under
229 section 573.020;
230      (d)     Promoting obscenity in the second degree under
231 section 573.030;
232      (e)     Furnishing pornographic materials to minors under
233 section 573.040;
234      (f)     Public display of explicit sexual material under
235 section 573.060; or
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236      (g)     Coercing acceptance of obscene material under
237 section 573.065.
238      (5)     The person shall have the burden of proving the
239 person meets the requirements for exemption.     In determining
240 whether the person meets the requirements, a court may look
241 beyond the offense of conviction and consider the underlying
242 facts and conduct of the offense when evaluating
243 noncategorical exemptions.
244      (6)     If a court determines a person to be exempt, the
245 provisions of sections 589.400 to 589.425 shall not apply
246 for the purposes of the exempt offense.     In the event a
247 person currently registering is found to be exempt from the
248 registration visit requirements, the person shall also be
249 removed from the sexual offender registry.
250      (7)     Nothing in this subsection shall prohibit a person
251 from remaining or being placed on the sexual offender
252 registry for any other nonexempt offense for which the
253 person is required to register under sections 589.400 to
254 589.425.
255      (8)     If a petition for exemption is filed before a
256 person is required to register under sections 589.400 to
257 589.425, the requirements of sections 589.400 to 589.425
258 shall be automatically stayed pending the outcome.     In the
259 event a petition is denied, the requirements of sections
260 589.400 to 589.425 shall be in effect three business days
261 following the exhaustion of all appeal rights.     Nothing in
262 this subdivision shall alter or be construed to give any
263 court authority to alter ongoing requirements for persons
264 whose initial registration requirement begins prior to the
265 filing of a petition for exemption until a final order of
266 exemption is entered.
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267      20.     The provisions of subsections 3 and 4 of this
268 section shall not apply to persons filing for removal if the
269 offense requiring registration is reversed, vacated, or set
270 aside.   A petition for removal due to the offense being
271 reversed, vacated, or set aside shall be filed in accordance
272 with all other requirements of this section and shall be the
273 exclusive remedy for removal in such situations.     Such
274 petition shall include a certified copy of the action
275 reversing, vacating, or setting aside the offense requiring
276 registration.
277      21.     This section shall be the sole remedy for removal
278 or exemption for persons adjudicated of a registerable
279 offense.     No declaratory action shall be filed for relief
280 from registration requirements, except if registration, or
281 threat thereof, is the result of an offense never requiring
282 registration.     Nothing in this subsection shall be construed
283 to prohibit the filing of a declaratory action solely on the
284 issue of what tier an offender should be classified under.
285      22.     Notwithstanding any other provision of law, no
286 person convicted of an offense that requires him or her to
287 register under sections 589.400 to 589.425 shall change his
288 or her legal name for the period of time he or she is
289 required to register.     To the extent the person has a prior
290 legal name that was utilized on or after the date of
291 conviction for any offense requiring registration, such name
292 shall be reported under this section as an alias.
1589.403.    1. Any person who is required to register
2  under sections 589.400 to 589.425 and who is paroled,
3  discharged, or otherwise released from any correctional
4  facility of the department of corrections, any mental health
5  institution, private jail under section 221.095, or other
6  private facility recognized by or contracted with the
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7 department of corrections or department of mental health
8 where such person was confined shall:
9      (1) If the person plans to reside in this state, be
10 informed by the official in charge of such correctional
11 facility, private jail, or mental health institution of the
12 person's possible duty to register pursuant to sections
13 589.400 to 589.425.   If such person is required to register
14 pursuant to sections 589.400 to 589.425, the official in
15 charge of the correctional facility, private jail, or the
16 mental health institution shall complete the initial
17 registration notification at least seven days prior to
18 release and [forward] report the offender's initial
19 registration[,] notification in accordance with subsection 1
20 of section 589.410 within three business days of release[,]
21 to the Missouri state highway patrol and the [chief law
22 enforcement] registration official of the county or city not
23 within a county where the person expects to reside upon
24 discharge, parole, or release; or
25      (2) If the person does not reside or plan to reside in
26 Missouri, be informed by the official in charge of such
27 correctional facility, private jail, or mental health
28 institution of the person's possible duty to register under
29 sections 589.400 to 589.425.     If such person is required to
30 register under sections 589.400 to 589.425, the official in
31 charge of the correctional facility, private jail, or [the]
32 mental health institution shall complete the initial
33 registration notification at least seven days prior to
34 release and [forward] report the offender's initial
35 registration[,] notification in accordance with subsection 1
36 of section 589.410 within three business days of release[,]
37 to the Missouri state highway patrol and the [chief law
38 enforcement] registration official [within] of the county or
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39 city not within a county where the correctional facility,
40 private jail, or mental health institution is located.
41      2. If the offender refuses to complete and sign the
42 registration information as outlined in this section or
43 fails to register with the [chief law enforcement]
44 registration official within three business days as
45 directed, the offender commits the offense of failure to
46 register under section 589.425 within the jurisdiction where
47 the correctional facility, private jail, or mental health
48 institution is located.
1      589.404.   As used in sections 589.400 to 589.425, the
2 following terms mean:
3      (1) "Adjudicated" or "adjudication", adjudication of
4 delinquency, a finding of guilt, plea of guilt, finding of
5 not guilty due to mental disease or defect, or plea of nolo
6 contendere to committing, attempting to commit, or
7 conspiring to commit.    Adjudication does not require the
8 imposition of sentence for the purposes of sections 589.400
9 to 589.425.   The term "adjudication" shall include by
10 reference all acts meeting the definition of "conviction"
11 under Section 111 of the Sex Offender Registration and
12 Notification Act, Title I of the Adam Walsh Child Protection
13 and Safety Act of 2006, P.L. 109-248, as amended;
14      (2) "Adjudicated delinquent", a person found to have
15 committed an offense that, if committed by an adult, would
16 be a criminal offense;
17      (3) "Chief law enforcement official", the sheriff's
18 office of each county or the police department of a city not
19 within a county;
20      (4) "Electronic mail", the transmission of information
21 or communication by the use of the internet, a computer, a
22 facsimile machine, a pager, a cellular telephone or other
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23 wireless communication device, a video recorder, or other
24 electronic means sent to a person identified by a unique
25 address or address number and received by that person;
26      (5)     "Entity", a business or organization that provides
27 internet service, electronic communications service, remote
28 computing service, online service, electronic mail service,
29 or electronic instant message or chat services regardless of
30 whether the business or organization is within or outside
31 this state;
32      (6)     "Instant message", a form of real-time text
33 communication between two or more people.     The communication
34 is conveyed via computers connected over a network such as
35 the internet, or between cell phone or wireless
36 communication device users, or over a cell phone or wireless
37 communication device network;
38      (7) "Offender registration", the required minimum
39 informational content of sex offender registries, which
40 shall consist of, but not be limited to, a full set of
41 fingerprints on a standard sex offender registration card
42 upon initial registration in Missouri, as well as all other
43 forms and in whatever manner required by the Missouri state
44 highway patrol upon each initial and subsequent registration;
45      [(5)] (8)    "Online identifier", includes all of the
46 following:     electronic mail address, instant message screen
47 name, user ID, cell phone number or wireless communication
48 device number or identifier, chat or other internet
49 communication name, social media profiles, IP addresses, or
50 other identity information specified on the registration
51 form by the Missouri state highway patrol;
52      (9)     "Part-time", more than seven days in any twelve-
53 month period;
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54      (10)    "Probation officer", includes any agent of a
55 private entity assigned to provide probation supervision
56 services to an offender due to the offender's status as a
57 sexual offender who is required to register pursuant to
58 sections 589.400 to 589.425;
59      (11)    "Registration official", the chief law
60 enforcement official for the county or city not within a
61 county in which the offender is required to register;
62      (12) "Residence", [any place where an offender sleeps
63 for seven or more consecutive or nonconsecutive days or
64 nights within a twelve-month period] the domicile of the
65 offender;
66      [(6)] (13)   "Sex offender", any person who meets the
67 criteria to register under sections 589.400 to 589.425 or
68 under the Sex Offender Registration and Notification Act,
69 Title I of the Adam Walsh Child Protection and Safety Act of
70 2006, P.L. 109-248, as amended;
71      [(7)] (14)   "Sex offender registry", a system
72 maintained by the Missouri state highway patrol to collect,
73 store, and disseminate all initial notification information,
74 registration information, offender status, and all other
75 information required under sections 589.400 to 589.425.      The
76 sex offender registry is a distinct system from the website
77 maintained by the Missouri state highway patrol, which
78 displays a distinct set of information contained within the
79 sex offender registry publicly on the web in accordance with
80 this section;
81      (15) "Sex offense", any offense [which] that is listed
82 [under section 589.414 or comparable to those listed under
83 section 589.414 or otherwise] as a tier I offense, tier II
84 offense, or tier III offense, that is comparable to offenses
85 listed as a tier I offense, tier II offense, or tier III
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86  offense, or that is otherwise comparable to offenses covered
87  under the Sex Offender Registration and Notification Act,
88  Title I of the Adam Walsh Child Protection and Safety Act of
89  2006, P.L. 109-248, as amended;
90[(8)] (16)    "Sexual act", any type or degree of
91  genital, oral, or anal penetration;
92[(9)] (17)    "Sexual conduct", sexual intercourse,
93  deviate sexual intercourse, or sexual contact;
94[(10)] (18)   "Sexual contact", any touching of another
95  person with the genitals or any touching of the genitals or
96  anus of another person, or the breast of a female person, or
97  such touching through the clothing, or causing semen,
98  seminal fluid, or other ejaculate to come into contact with
99  another person, for the purpose of arousing or gratifying
100 the sexual desire of any person or for the purpose of
101 terrorizing the victim;
102      [(11)] (19)   "Sexual element", used for the purposes of
103 distinguishing if sexual contact or a sexual act was
104 committed. Authorities shall refer to information filed by
105 the prosecutor, amended information filed by the prosecutor,
106 indictment information filed by the prosecutor, or amended
107 indictment information filed by the prosecutor, the plea
108 agreement, or court documentation to determine if a sexual
109 element exists;
110      [(12)] (20)   "Signature", the name of the offender
111 signed in writing or electronic form approved by the
112 Missouri state highway patrol;
113      [(13)] (21)   "Student", an individual who enrolls in or
114 attends the physical location of an educational institution,
115 including a public or private secondary school, trade or
116 professional school, or an institution of higher education;
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117      [(14)] (22)    "Temporary residence", any place where a
118 person sleeps for seven or more consecutive or
119 nonconsecutive days or nights within a twelve-month period,
120 other than the person's domicile;
121      (23)     "Tier I offender":
122      (a)     An individual who has been adjudicated for a tier
123 I offense; or
124      (b)     Any offender who is or has been adjudicated in any
125 other state, territory, the District of Columbia, or foreign
126 country, or under federal, tribal, or military jurisdiction
127 for an offense comparable to a tier I offense or that meets
128 the definition of a tier I offense under the Sex Offender
129 Registration and Notification Act, Title I of the Adam Walsh
130 Child Protection and Safety Act of 2006, P.L. 109-248, as
131 amended;
132      (24)     "Tier II offender":
133      (a)     An individual who has been adjudicated for a tier
134 II offense; or
135      (b)     Any offender who is adjudicated for an offense
136 comparable to a tier I offense or failure to register
137 offense under section 589.425 or comparable out-of-state
138 failure to register offense and who is already required to
139 register as a tier I offender due to having been adjudicated
140 of a tier I offense on a previous occasion; or
141      (c)     Any offender who is or has been adjudicated in any
142 other state, territory, the District of Columbia, or foreign
143 country, or under federal, tribal, or military jurisdiction
144 for an offense of a sexual nature or with a sexual element
145 that is comparable to a tier II offense or that meets the
146 definition of a tier II offense under the Sex Offender
147 Registration and Notification Act, Title I of the Adam Walsh
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148 Child Protection and Safety Act of 2006, P.L. 109-248, as
149 amended;
150      (25)     "Tier III offender":
151      (a)     An individual who has been adjudicated for a tier
152 III offense;
153      (b)     Any offender registered as a predatory sexual
154 offender or a persistent sexual offender, as the terms
155 "predatory sexual offender" and "persistent sexual offender"
156 are defined in section 566.125;
157      (c)     Any offender who is adjudicated for an offense
158 comparable to a tier I offense or tier II offense or failure
159 to register offense under section 589.425, or other
160 comparable out-of-state failure to register offense, who has
161 been or is already required to register as a tier II
162 offender because of having been adjudicated for a tier II
163 offense, two tier I offenses, or a combination of a tier I
164 offense and a failure to register offense, on a previous
165 occasion;
166      (d)     Any offender who is adjudicated in any other
167 state, territory, the District of Columbia, or foreign
168 country, or under federal, tribal, or military jurisdiction
169 for an offense of a sexual nature or with a sexual element
170 that is comparable to a tier III offense or that meets the
171 definition of a tier III offense under the Sex Offender
172 Registration and Notification Act, Title I of the Adam Walsh
173 Child Protection and Safety Act of 2006, P.L. 109-248, as
174 amended; or
175      (e)     Any offender who is adjudicated in this state for
176 any offense of a sexual nature or with a sexual element
177 requiring registration under sections 589.400 to 589.425
178 that is not classified as a tier I offense or tier II
179 offense in this section;
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180      (26)     "Tier I offense", the following adjudicated
181 offenses:
182      (a)     Kidnapping in the first degree under section
183 565.110 with sexual motivation if the victim is eighteen
184 years of age or older;
185      (b)     Kidnapping in the second degree under section
186 565.120 with sexual motivation if the victim is eighteen
187 years of age or older;
188      (c)     Kidnapping in the third degree under section
189 565.130 with sexual motivation if the victim is eighteen
190 years of age or older;
191      (d)     Invasion of privacy under section 565.252 if the
192 victim is less than eighteen years of age;
193      (e)     Child molestation in the second degree under
194 section 566.068 as it existed prior to January 1, 2017, if
195 the punishment is less than one year;
196      (f)     Sexual misconduct involving a child under section
197 566.083 if it is a first offense and the punishment is less
198 than one year;
199      (g)     Sexual misconduct in the first degree under
200 section 566.093;
201      (h)     Sexual misconduct in the second degree under
202 section 566.095;
203      (i)     Sexual abuse in the first degree under section
204 566.100 if the victim is eighteen years of age or older;
205      (j)     Sexual abuse in the second degree under section
206 566.101 if the punishment is less than a year;
207      (k)     Sex with an animal under section 566.111;
208      (l)     Sexual conduct with a nursing facility resident or
209 vulnerable person in the first degree under section 566.115
210 if the punishment is less than one year;
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211(m)    Sexual conduct under section 566.116 with a
212 nursing facility resident or vulnerable person;
213(n)    Sexual conduct in the course of public duty under
214 section 566.145 if the victim is eighteen years of age or
215 older;
216(o)    Trafficking for the purpose of sexual exploitation
217 under section 566.209 if the victim is eighteen years of age
218 or older;
219(p)    Promoting obscenity in the first degree under
220 section 573.020 if the victim is less than eighteen years of
221 age;
222(q)    Promoting pornography for minors or obscenity in
223 the second degree under section 573.030 if the victim is
224 less than eighteen years of age;
225(r)    Possession of child pornography under section
226 573.037 as it existed prior to August 28, 2026;
227(s)    Possession of child sexual abuse material under
228 section 573.037;
229(t)    Furnishing pornographic material to minors under
230 section 573.040;
231(u)    Public display of explicit sexual material under
232 section 573.060 if the victim is less than eighteen years of
233 age; or
234(v)    Coercing acceptance of obscene material under
235 section 573.065 if the victim is less than eighteen years of
236 age;
237(27)    "Tier II offense", the following adjudicated
238 offenses:
239(a)    Statutory sodomy in the second degree under
240 section 566.064 if the victim is sixteen to seventeen years
241 of age;
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242      (b)     Child molestation in the third degree under
243 section 566.069 if the victim is between thirteen and
244 fourteen years of age;
245      (c)     Child molestation in the fourth degree under
246 section 566.071 if the victim is thirteen to seventeen years
247 of age;
248      (d)     Sexual misconduct involving a child under section
249 566.083 if it is a first offense and the penalty is a term
250 of imprisonment of one year or more;
251      (e)     Sexual contact with a student under section
252 566.086 if the victim is thirteen to seventeen years of age;
253      (f)     Sexual abuse in the first degree under section
254 566.100 if the victim is thirteen to seventeen years of age;
255      (g)     Sexual conduct in the course of public duty under
256 section 566.145 if the victim is thirteen to seventeen years
257 of age;
258      (h)     Grooming or enticement of a minor under section
259 566.151;
260      (i)     Age misrepresentation with intent to solicit a
261 minor under section 566.153;
262      (j)     Patronizing prostitution under section 567.030 if
263 the person patronized is eighteen years of age or older;
264      (k)     Promoting prostitution in the first degree under
265 section 567.050 if the victim is eighteen years of age or
266 older;
267      (l)     Promoting prostitution in the second degree under
268 section 567.060 if the victim is eighteen years of age or
269 older;
270      (m)     Promoting prostitution in the third degree under
271 section 567.070 if the victim is eighteen years of age or
272 older;
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273      (n)     Abuse of a child under section 568.060 if the
274 offense is of a sexual nature and the victim is thirteen to
275 seventeen years of age;
276      (o)     Sexual exploitation of a minor under section
277 573.023;
278      (p)     Promoting child pornography in the first degree
279 under section 573.025 as it existed prior to August 28, 2026;
280      (q)     Promoting child sexual abuse material in the first
281 degree under section 573.025;
282      (r)     Promoting child pornography in the second degree
283 under section 573.035 as it existed prior to August 28, 2026;
284      (s)     Promoting child sexual abuse material in the
285 second degree under section 573.035;
286      (t)     Nonconsensual dissemination of private sexual
287 images under section 573.110 if the victim is seventeen
288 years of age or under or if coercion of the victim was
289 sexual in nature; or
290      (u)     Threatening the nonconsensual dissemination of
291 private sexual images under section 573.112 if the victim is
292 seventeen years of age or under or if coercion of the victim
293 was sexual in nature;
294      (28)     "Tier III offense", the following adjudicated
295 offenses:
296      (a)     Kidnapping in the first degree under section
297 565.110 if the victim is under eighteen years of age,
298 excluding kidnapping by a parent or guardian of a nonsexual
299 nature;
300      (b)     Kidnapping in the second degree under section
301 565.120 if the victim is under eighteen years of age,
302 excluding kidnapping by a parent or guardian of a nonsexual
303 nature;
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304      (c)     Kidnapping in the third degree under section
305 565.130 if the victim is under eighteen years of age,
306 excluding kidnapping by a parent or guardian of a nonsexual
307 nature;
308      (d)     Child kidnapping under section 565.115;
309      (e)     Rape in the first degree under section 566.030;
310      (f)     Rape in the second degree under section 566.031;
311      (g)     Statutory rape in the first degree under section
312 566.032;
313      (h)     Statutory rape in the second degree under section
314 566.034;
315      (i)     Sodomy in the first degree under section 566.060;
316      (j)     Sodomy in the second degree under section 566.061;
317      (k)     Statutory sodomy in the first degree under section
318 566.062;
319      (l)     Statutory sodomy in the second degree under
320 section 566.064 if the victim is under sixteen years of age;
321      (m)     Child molestation in the first degree under
322 section 566.067;
323      (n)     Child molestation in the second degree under
324 section 566.068;
325      (o)     Child molestation in the third degree under
326 section 566.069 if the victim is under thirteen years of age;
327      (p)     Child molestation in the fourth degree under
328 section 566.071 if the victim is under thirteen years of age;
329      (q)     Sexual misconduct involving a child under section
330 566.083 if the offense is a second or subsequent offense;
331      (r)     Sexual contact with a student under section
332 566.086 if the victim is under thirteen years of age;
333      (s)     Sexual abuse in the first degree under section
334 566.100 if the victim is under thirteen years of age;
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335      (t)     Sexual abuse in the second degree under section
336 566.101 if the penalty is a term of imprisonment of one year
337 or more;
338      (u)     Sexual conduct with a nursing facility resident or
339 vulnerable person in the first degree under section 566.115
340 if the punishment is one year or more;
341      (v)     Sexual conduct in the course of public duty under
342 section 566.145 if the victim is under thirteen years of age;
343      (w)     Trafficking for the purpose of sexual exploitation
344 under section 566.209 if the victim is under eighteen years
345 of age;
346      (x)     Sexual trafficking of a child in the first degree
347 under section 566.210;
348      (y)     Sexual trafficking of a child in the second degree
349 under section 566.211;
350      (z)     Patronizing prostitution under section 567.030 if
351 the offender is a persistent offender or if the person
352 patronized is less than eighteen years of age;
353      (aa)     Promoting prostitution in the first degree under
354 section 567.050 if the victim is under eighteen years of age;
355      (bb)     Promoting prostitution in the second degree under
356 section 567.060 if the victim is under eighteen years of age;
357      (cc)     Promoting prostitution in the third degree under
358 section 567.070 if the victim is under eighteen years of age;
359      (dd)     Promoting travel for prostitution under section
360 567.085 if the victim is under eighteen years of age;
361      (ee)     Incest under section 568.020;
362      (ff)     Endangering the welfare of a child in the first
363 degree under section 568.045 if the offense is sexual in
364 nature or if the offense involves sexual intercourse or
365 deviate sexual intercourse with a victim under eighteen
366 years of age;
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367      (gg)    Abuse of a child under section 568.060 if the
368 offense is of a sexual nature and the victim is under
369 thirteen years of age;
370      (hh)    Genital mutilation of a female child under
371 section 568.065;
372      (ii)    Use of a child in a sexual performance under
373 section 573.200; or
374      (jj)    Promoting a sexual performance by a child under
375 section 573.205;
376      (29) "Vehicle", any land vehicle, watercraft, or
377 aircraft.
1589.405.    1. Any person who is required to register
2  under sections 589.400 to 589.425 and who is released on
3  probation, discharged upon payment of a fine, or released
4  after confinement in a county jail shall, prior to such
5  release or discharge and at the time of adjudication, be
6  informed of the possible duty to register pursuant to
7  sections 589.400 to 589.425 by the court having jurisdiction
8  over the case.   If such person is required to register
9  pursuant to sections 589.400 to 589.425 and is placed on
10  probation, the court shall make it a condition of probation
11  that the offender report within three business days to the
12  [chief law enforcement] registration official of the county
13  of adjudication or city not within a county of adjudication
14  to complete initial registration.   If such offender is not
15  placed on probation, the court shall:
16(1) If the offender resides in Missouri, complete the
17  initial notification of duty to register form approved by
18  the state judicial records committee and the Missouri state
19  highway patrol and forward the form within three business
20  days to the Missouri state highway patrol and the [chief law
HCS SB 982  53
21 enforcement] registration official in the county or city not
22 within a county in which the offender resides; or
23      (2) If the offender does not reside in Missouri:
24      (a) Order the offender to report directly to the
25 [chief law enforcement] registration official in the county
26 or city not within a county where the adjudication was heard
27 to register as provided in sections 589.400 to 589.425; and
28      (b) Complete the initial notification of duty to
29 register form approved by the state judicial records
30 committee and the Missouri state highway patrol and forward
31 the form within three business days to the Missouri state
32 highway patrol and the [chief law enforcement] registration
33 official in the county or city not within a county where the
34 offender was adjudicated.
35      2. If the offender resides in Missouri and refuses to
36 complete and sign the registration information as provided
37 in subdivision (1) of subsection 1 of this section, or if
38 the offender resides outside of Missouri and refuses to
39 directly report to the [chief law enforcement] registration
40 official as provided in subdivision (2) of subsection 1 of
41 this section, the offender commits the offense of failure to
42 register under section 589.425.
1      589.407.   1. Any registration pursuant to sections
2 589.400 to 589.425 shall consist of completion of an
3 offender registration form developed by the Missouri state
4 highway patrol or other format approved by the Missouri
5 state highway patrol.   Such form shall consist of a
6 statement, including the signature of the offender, and
7 shall include, but is not limited to, the following:
8      (1) A statement in writing signed by the person,
9 giving the name, address, date of birth, biological sex, as
10 defined in section 191.1720, Social Security number, and
HCS SB 982  54
11 phone number of the person, the license plate number and
12 vehicle description, including the year, make, model, and
13 color of each vehicle owned or operated by the offender, any
14 online identifiers[, as defined in section 43.651,] used by
15 the person, the place of employment of such person,
16 enrollment within any institutions of higher education, the
17 crime which requires registration, whether the person was
18 sentenced as a persistent or predatory offender pursuant to
19 section 566.125, the date, place, and a brief description of
20 such crime, the date and place of the conviction or plea
21 regarding such crime, the age and gender of the victim at
22 the time of the offense and whether the person successfully
23 completed the Missouri sexual offender program pursuant to
24 section 589.040, if applicable;
25      (2) The fingerprints and palm prints of the person;
26      (3) Unless the offender's appearance has not changed
27 significantly, a photograph of such offender as follows:
28      (a) Quarterly if a tier III sex offender [under
29 section 589.414].    Such photograph shall be taken every
30 ninety days beginning in the month of the person's birth;
31      (b) Semiannually if a tier II sex offender.     Such
32 photograph shall be taken in the month of the person's birth
33 and six months thereafter; and
34      (c) Yearly if a tier I sex offender.     Such photograph
35 shall be taken in the month of the person's birth; [and]
36      (4) A DNA sample from the individual, if a sample has
37 not already been obtained; and
38      (5)     Information regarding any temporary residence
39 where the offender is staying away from his or her primary
40 residence for seven or more days, including the period of
41 time the offender is staying in such place, regardless of
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42 whether the temporary residence is in Missouri or any other
43 place.
44      2. The offender shall provide positive identification
45 and documentation to substantiate the accuracy of the
46 information completed on the offender registration form,
47 including but not limited to the following:
48      (1) A photocopy of a valid driver's license or
49 nondriver's identification card;
50      (2) A document verifying proof of the offender's
51 residency; and
52      (3) A photocopy of the vehicle registration for each
53 of the offender's vehicles.
54      3. The Missouri state highway patrol shall maintain
55 all required registration information in digitized form.
56      4. [Upon receipt of any changes to an offender's
57 registration information contained in this section, the
58 Missouri state highway patrol shall immediately notify all
59 other jurisdictions in which the offender is either
60 registered or required to register.
61      5.]     The offender shall be responsible for reviewing
62 his or her existing registration information for accuracy at
63 every regular in-person appearance and, if any inaccuracies
64 are found, provide proof of the information in question.
65      5.    (1) Regular in-person appearances to the
66 registration official following initial registration shall
67 be required:
68      (a)     Annually for tier I offenders;
69      (b)     Every six months for tier II offenders; and
70      (c)     Every ninety days for tier III offenders.
71      (2)     For the purposes of establishing a schedule for
72 registration appearances, the registration official shall
73 ensure that the required registration interval is followed
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74 from the date of any initial registration until the month of
75 an offender's birth and at the appropriate interval
76 beginning from the month of the offender's birth thereafter.
77      6. The signed offender registration form shall serve
78 as proof that the individual understands his or her duty to
79 register as a sexual offender under sections 589.400 to
80 589.425 and a statement to this effect shall be included on
81 the form that the individual is required to sign at each
82 registration.
83      7.    If an offender has a guardian appointed by a court
84 of competent jurisdiction, the guardian may sign affirming
85 the accuracy of the offender registration form under this
86 section.     Nothing in this subsection shall alleviate the
87 requirements of the offender to appear in person, nor shall
88 this subsection be construed to affect any restrictions
89 applicable to an offender because of the offender's status
90 on the sexual offender registry.
91      8.    Notwithstanding subsection 1 of section 527.270, no
92 person required to register under sections 589.400 to
93 589.425 shall change his or her name for the period of time
94 he or she is required to be placed on the registry.
1      589.410.    1.   All notifications of a requirement to
2 register shall be reported to the sex offender registry
3 within three days, in a manner prescribed by the Missouri
4 state highway patrol.
5      2. The [chief law enforcement] registration official
6 shall [forward] enter the completed offender registration
7 [form to] forms and related updates into the sex offender
8 registry in a manner prescribed by the Missouri state
9 highway patrol within three days.     The Missouri state
10 highway patrol shall [enter] ensure the information entered
11 into the sex offender registry is accessible through the
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12 Missouri uniform law enforcement system (MULES) [where it
13 is] and forwarded to the National Crime Information Center
14 (NCIC) in accordance with applicable law.   The information
15 shall also be available to members of the criminal justice
16 system, and other entities as provided by law, upon
17 inquiry. Certain portions of the information shall also be
18 published on the internet in accordance with this section.
1      [43.650.] 589.411. 1. The Missouri state highway
2 patrol shall[, subject to appropriation,] maintain a web
3 page on the internet which shall be open to the public and
4 shall include a registered sexual offender search capability.
5      2. Except as provided in subsections 4 and 5 of this
6 section, the registered sexual offender search shall make it
7 possible for any person using the internet to search for and
8 find the information specified in subsection 4 of this
9 section, if known, on offenders registered in this state
10 pursuant to sections 589.400 to 589.425.
11      3. The registered sexual offender search shall include
12 the capability to search for sexual offenders by name, zip
13 code, and by typing in an address and specifying a search
14 within a certain number of miles radius from that address.
15      4. Only the information listed in this subsection
16 shall be provided to the public in the registered sexual
17 offender search:
18      (1) The name and any known aliases of the offender;
19      (2) The date of birth and any known alias dates of
20 birth of the offender;
21      (3) A physical description of the offender;
22      (4) The residence, temporary, work, and school
23 addresses of the offender, including the street address,
24 city, county, state, and zip code;
25      (5) Any photographs of the offender;
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26      (6) A physical description of the offender's vehicles,
27 including the year, make, model, color, and license plate
28 number;
29      (7) The nature and dates of all offenses qualifying
30 the offender to register, including the tier level assigned
31 to the offender under sections 589.400 to 589.425;
32      (8) The date on which the offender was released from
33 the department of mental health, prison, or jail, or placed
34 on parole, supervised release, or probation for the offenses
35 qualifying the offender to register;
36      (9) Compliance status of the offender with the
37 provisions of section 589.400 to 589.425; and
38      (10) Any online identifiers[, as defined in section
39 43.651,] used by the person.     Such online identifiers shall
40 not be included in the general profile of an offender on the
41 web page and shall only be available to a member of the
42 public by a search using the specific online identifier to
43 determine if a match exists with a registered offender.
44      5. Juveniles required to register under subdivision
45 (5) of subsection 1 of section 589.400 shall be exempt from
46 public notification on the internet to include any
47 adjudications from another state, territory, the District of
48 Columbia, or foreign country or any federal, tribal, or
49 military jurisdiction.
50      6.   The Missouri state highway patrol shall regularly
51 update the web page to remove persons who have been ordered
52 removed or exempt by a court in accordance with section
53 589.401 persons who are deceased and persons who have moved
54 out of the state.   In the case of a person who has moved out
55 of the state, the entry shall remain until the Missouri
56 state highway patrol confirms the person has complied with
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57 all registration requirements in the person's new state,
58 territory, or country of residence, when applicable.
59      7.   In addition to the web page maintained by the
60 Missouri state highway patrol, a registration official may
61 maintain a web page on the internet, which shall be open to
62 the public and shall include a registered sexual offender
63 search capability.   Except as provided in subsections 5 and
64 6 of this section, the registered sexual offender search
65 shall make it possible for any person using the internet to
66 search for and find the information specified in subsection
67 5 of this section, if known, on offenders registered in this
68 state pursuant to sections 589.400 to 589.425.   The chief
69 law enforcement officer of any county or city not within a
70 county may also publish in any newspaper distributed in the
71 county or city not within a county the offender information
72 provided under subsection 3 of this section for any offender
73 residing in the county or city not within a county.
1      [43.651.] 589.412. [1. As used in this section, the
2 following terms shall mean:
3      (1) "Electronic mail", the transmission of information
4 or communication by the use of the internet, a computer, a
5 facsimile machine, a pager, a cellular telephone or other
6 wireless communication device, a video recorder, or other
7 electronic means sent to a person identified by a unique
8 address or address number and received by that person;
9      (2) "Entity", a business or organization that provides
10 internet service, electronic communications service, remote
11 computing service, online service, electronic mail service,
12 or electronic instant message or chat services whether the
13 business or organization is within or outside this state;
14      (3) "Instant message", a form of real-time text
15 communication between two or more people.   The communication
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16 is conveyed via computers connected over a network such as
17 the internet, or between cell phone or wireless
18 communication device users, or over a cell phone or wireless
19 communication device network;
20      (4) "Online identifier", includes all of the
21 following: electronic mail address and instant message
22 screen name, user ID, cell phone number or wireless
23 communication device number or identifier, chat or other
24 internet communication name, or other identity information.
25      2.]     Subject to appropriations, the Missouri state
26 highway patrol shall make registry information regarding a
27 registered sexual offender's online identifiers available to
28 an entity for the purpose of allowing the entity to
29 prescreen users or for comparison with information held by
30 the entity as provided by this subsection:
31      (1) The information obtained by an entity from the
32 state sexual offender registry shall not be used for any
33 purpose other than for prescreening its users or comparing
34 the database of registered users of the entity against the
35 list of online identifiers of persons in the state sexual
36 offender registry in order to protect children from online
37 sexual predators.     The Missouri state highway patrol shall
38 promulgate rules and regulations regarding the release and
39 use of online identifier information.       Any rule or portion
40 of a rule, as that term is defined in section 536.010, that
41 is created under the authority delegated in this section
42 shall become effective only if it complies with and is
43 subject to all of the provisions of chapter 536 and, if
44 applicable, section 536.028.       This section and chapter 536
45 are nonseverable and if any of the powers vested with the
46 general assembly pursuant to chapter 536 to review, to delay
47 the effective date, or to disapprove and annul a rule are
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48 subsequently held unconstitutional, then the grant of
49 rulemaking authority and any rule proposed or adopted after
50 August 28, 2008, shall be invalid and void;
51      (2) Any entity desiring to prescreen its users or
52 compare its database of registered users to the list of
53 online identifiers of persons in the state sexual offender
54 registry may apply to the Missouri state highway patrol to
55 access the information.   An entity that complies with the
56 rules and regulations promulgated by the Missouri state
57 highway patrol regarding the release and use of the online
58 identifier information and pays the fee established by the
59 Missouri state highway patrol may screen new users or
60 compare its database of registered users to the list of
61 online identifiers of persons in the state sexual offender
62 registry as frequently as the Missouri state highway patrol
63 may allow for the purpose of identifying a registered user
64 associated with an online identifier contained in the state
65 sexual offender registry;
66      (3) Any entity complying with this subsection in good
67 faith shall be immune from any civil or criminal liability
68 resulting from:
69      (a) The entity's refusal to provide system service to
70 a person on the basis that the entity believed that the
71 person was required to register under sections 589.400 to
72 589.425;
73      (b) A person's criminal or tortious acts when the
74 person is required to register pursuant to sections 589.400
75 to 589.425, and the person complied with the requirement to
76 register their online identifiers under section 589.407, and
77 committed the criminal or tortious acts against a minor with
78 whom he or she had communicated on the entity's system by
79 using their registered online identifier; or
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80      (c) Any activity for which the entity would be immune
81 from liability under 47 U.S.C. Section 230.
1      [43.533.] 589.413. 1. The Missouri state highway
2 patrol shall, subject to appropriation, operate a toll-free
3 telephone number in order to disseminate registration
4 information provided by [individuals] persons who are
5 required to register under sections 589.400 to 589.425, and
6 receive information from persons regarding the residency of
7 a registered sexual offender.   The information available via
8 the telephone number shall include only information that
9 offenders are required to provide under section 589.407.
10 When the Missouri state highway patrol provides such
11 information regarding a sexual offender, the patrol
12 personnel shall advise the person making the inquiry that
13 positive identification of a person believed to be a sexual
14 offender cannot be established unless a fingerprint
15 comparison is made, and that it is illegal to use such
16 information regarding a registered sexual offender to
17 facilitate the commission of a crime.   The toll-free
18 telephone number shall be published on the Missouri state
19 highway patrol's sexual offender registry website maintained
20 under section [43.650] 589.411.
21      2. The Missouri state highway patrol shall promulgate
22 rules to effect the enforcement of this section.   Any rule
23 or portion of a rule, as that term is defined in section
24 536.010, that is created under the authority delegated in
25 this section shall become effective only if it complies with
26 and is subject to all of the provisions of chapter 536 and,
27 if applicable, section 536.028.   This section and chapter
28 536 are nonseverable and if any of the powers vested with
29 the general assembly pursuant to chapter 536 to review, to
30 delay the effective date, or to disapprove and annul a rule
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31 are subsequently held unconstitutional, then the grant of
32 rulemaking authority and any rule proposed or adopted after
33 August 28, 2006, shall be invalid and void.
1      589.414.    1. Any person required by sections 589.400
2 to 589.425 to register shall, within three business days,
3 appear in person to the [chief law enforcement officer of
4 the county or city not within a county] registration
5 official if there is a change to any of the following
6 information:
7      (1) Name;
8      (2) Residence;
9      (3) Employment, including status as a volunteer or
10 intern;
11      (4) Student status; or
12      (5) A termination to any of the items listed in this
13 subsection.
14      2. Any person required to register under sections
15 589.400 to 589.425 shall, within three business days, notify
16 the [chief law enforcement] registration official [of the
17 county or city not within a county] of any changes to the
18 following information:
19      (1) Vehicle information;
20      (2) [Temporary lodging information;
21      (3)]    Temporary residence information;
22      [(4) Email addresses, instant messaging addresses, and
23 any other designations used in internet communications,
24 postings, or telephone communications; or
25      (5)] (3)    Telephone or other cellular number, including
26 any new forms of electronic communication; or
27      (4)     Online identifiers.
28      3. The [chief law enforcement] registration official
29 [in the county or city not within a county] shall
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30 immediately forward the registration changes described under
31 subsections 1 and 2 of this section to the Missouri state
32 highway patrol within three business days in accordance with
33 section 589.410.
34      4. (1) If any person required by sections 589.400 to
35 589.425 to register changes such person's residence or
36 address to a different county or city not within a county,
37 the person shall appear in person and shall inform both the
38 [chief law enforcement] registration official with whom the
39 person last registered and the [chief law enforcement]
40 registration official of the county or city not within a
41 county having jurisdiction over the new residence or address
42 in writing within three business days of such new address
43 and phone number, if the phone number is also changed.
44      (2) If any person required by sections 589.400 to
45 589.425 to register changes his or her state, territory, the
46 District of Columbia, or foreign country, or federal,
47 tribal, or military jurisdiction of residence, the person
48 shall appear in person and shall inform both the [chief law
49 enforcement] registration official with whom the person was
50 last registered and the [chief law enforcement] registration
51 official of the area in the new state, territory, the
52 District of Columbia, or foreign country, or federal,
53 tribal, or military jurisdiction having jurisdiction over
54 the new residence or address within three business days of
55 such new address.
56      (3) Whenever a registrant changes residence, the
57 [chief law enforcement] registration official of the county
58 or city not within a county where the person was previously
59 registered shall inform the Missouri state highway patrol of
60 the change within three business days.
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61      (4) When the registrant is changing the residence to a
62 new state, territory, the District of Columbia, or foreign
63 country, or federal, tribal, or military jurisdiction, the
64 Missouri state highway patrol shall inform the responsible
65 official in the new state, territory, the District of
66 Columbia, or foreign country, or federal, tribal, or
67 military jurisdiction of residence within three business
68 days.
69      5. Registrants shall appear in person before the
70 registration official and complete all forms required for
71 such purposes by the United States Marshal's Service no less
72 than twenty-one days before travel outside of the United
73 States.   Such information shall be forwarded to the United
74 States Marshal's Service, and a copy shall be provided by
75 the registration official to the Missouri state highway
76 patrol in a manner prescribed by the Missouri state highway
77 patrol.
78      6.   Offenders shall be classified as a tier I offender,
79 tier II offender, or tier III offender in accordance with
80 this section.   To the extent more than one tier definition
81 applies to an offender, the highest tier that applies shall
82 be the tier the offender is classified into.
83      7.   The initial determination as to the tier of an
84 offender shall be made by the registration official when an
85 offender first appears for registration with the official.
86 Upon receipt of an initial offender registration from a new
87 registration official, the Missouri state highway patrol
88 shall analyze the initial tier determination for accuracy.
89 If the Missouri state highway patrol determines the initial
90 tier decision is inaccurate, the Missouri state highway
91 patrol shall notify the registration official, and the
92 Missouri state highway patrol's determination shall control
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93  the tier classification.   Upon receipt of an updated tiering
94  decision, the registration official shall notify the
95  offender no later than the next previously scheduled in-
96  person check-in for the offender.   Upon notification of the
97  offender or failure of the offender to appear at the next
98  regularly scheduled in-person check, reporting requirements
99  aligning with the new tier determination shall be in effect.
100      8. Tier I [sexual] offenders, in addition to the
101 requirements of subsections 1 to [4] 5 of this section,
102 shall report in person [to] before the [chief law
103 enforcement] registration official annually in the month of
104 their birth to verify the information contained in their
105 statement made pursuant to section 589.407.   [Tier I sexual
106 offenders include:
107      (1) Any offender who has been adjudicated for the
108 offense of:
109      (a) Sexual abuse in the first degree under section
110 566.100 if the victim is eighteen years of age or older;
111      (b) Sexual misconduct involving a child under section
112 566.083 if it is a first offense and the punishment is less
113 than one year;
114      (c) Sexual abuse in the second degree under section
115 566.101 if the punishment is less than a year;
116      (d) Kidnapping in the second degree under section
117 565.120 with sexual motivation;
118      (e) Kidnapping in the third degree under section
119 565.130;
120      (f) Sexual conduct with a nursing facility resident or
121 vulnerable person in the first degree under section 566.115
122 if the punishment is less than one year;
123      (g) Sexual conduct under section 566.116 with a
124 nursing facility resident or vulnerable person;
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125      (h) Sexual contact with a prisoner or offender under
126 section 566.145 if the victim is eighteen years of age or
127 older;
128      (i) Sex with an animal under section 566.111;
129      (j) Trafficking for the purpose of sexual exploitation
130 under section 566.209 if the victim is eighteen years of age
131 or older;
132      (k) Possession of child pornography under section
133 573.037;
134      (l) Sexual misconduct in the first degree under
135 section 566.093;
136      (m) Sexual misconduct in the second degree under
137 section 566.095;
138      (n) Child molestation in the second degree under
139 section 566.068 as it existed prior to January 1, 2017, if
140 the punishment is less than one year; or
141      (o) Invasion of privacy under section 565.252 if the
142 victim is less than eighteen years of age;
143      (2) Any offender who is or has been adjudicated in any
144 other state, territory, the District of Columbia, or foreign
145 country, or under federal, tribal, or military jurisdiction
146 of an offense of a sexual nature or with a sexual element
147 that is comparable to the tier I sexual offenses listed in
148 this subsection or, if not comparable to those in this
149 subsection, comparable to those described as tier I offenses
150 under the Sex Offender Registration and Notification Act,
151 Title I of the Adam Walsh Child Protection and Safety Act of
152 2006, Pub. L. 109-248.
153      6.] 9. Tier II [sexual] offenders, in addition to the
154 requirements of subsections 1 to [4] 5 of this section,
155 shall report semiannually in person in the month of their
156 birth and six months thereafter to the [chief law
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157 enforcement] registration official to verify the information
158 contained in their statement made pursuant to section
159 589.407. [Tier II sexual offenders include:
160      (1) Any offender who has been adjudicated for the
161 offense of:
162      (a) Statutory sodomy in the second degree under
163 section 566.064 if the victim is sixteen to seventeen years
164 of age;
165      (b) Child molestation in the third degree under
166 section 566.069 if the victim is between thirteen and
167 fourteen years of age;
168      (c) Sexual contact with a student under section
169 566.086 if the victim is thirteen to seventeen years of age;
170      (d) Enticement of a child under section 566.151;
171      (e) Abuse of a child under section 568.060 if the
172 offense is of a sexual nature and the victim is thirteen to
173 seventeen years of age;
174      (f) Sexual exploitation of a minor under section
175 573.023;
176      (g) Promoting child pornography in the first degree
177 under section 573.025;
178      (h) Promoting child pornography in the second degree
179 under section 573.035;
180      (i) Patronizing prostitution under section 567.030;
181      (j) Sexual contact with a prisoner or offender under
182 section 566.145 if the victim is thirteen to seventeen years
183 of age;
184      (k) Child molestation in the fourth degree under
185 section 566.071 if the victim is thirteen to seventeen years
186 of age;
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187      (l) Sexual misconduct involving a child under section
188 566.083 if it is a first offense and the penalty is a term
189 of imprisonment of more than a year; or
190      (m) Age misrepresentation with intent to solicit a
191 minor under section 566.153;
192      (2) Any person who is adjudicated of an offense
193 comparable to a tier I offense listed in this section or
194 failure to register offense under section 589.425 or
195 comparable out-of-state failure to register offense and who
196 is already required to register as a tier I offender due to
197 having been adjudicated of a tier I offense on a previous
198 occasion; or
199      (3) Any person who is or has been adjudicated in any
200 other state, territory, the District of Columbia, or foreign
201 country, or under federal, tribal, or military jurisdiction
202 for an offense of a sexual nature or with a sexual element
203 that is comparable to the tier II sexual offenses listed in
204 this subsection or, if not comparable to those in this
205 subsection, comparable to those described as tier II
206 offenses under the Sex Offender Registration and
207 Notification Act, Title I of the Adam Walsh Child Protection
208 and Safety Act of 2006, Pub. L. 109-248.
209      7.] 10. Tier III [sexual] offenders, in addition to
210 the requirements of subsections 1 to [4] 5 of this section,
211 shall report in person [to] before the [chief law
212 enforcement] registration official every ninety days to
213 verify the information contained in their statement made
214 under section 589.407.   [Tier III sexual offenders include:
215      (1) Any offender registered as a predatory sexual
216 offender as defined in section 566.123 or a persistent
217 sexual offender as defined in section 566.124;
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218      (2) Any offender who has been adjudicated for the
219 crime of:
220      (a) Rape in the first degree under section 566.030;
221      (b) Statutory rape in the first degree under section
222 566.032;
223      (c) Rape in the second degree under section 566.031;
224      (d) Endangering the welfare of a child in the first
225 degree under section 568.045 if the offense is sexual in
226 nature;
227      (e) Sodomy in the first degree under section 566.060;
228      (f) Statutory sodomy under section 566.062;
229      (g) Statutory sodomy under section 566.064 if the
230 victim is under sixteen years of age;
231      (h) Sodomy in the second degree under section 566.061;
232      (i) Sexual misconduct involving a child under section
233 566.083 if the offense is a second or subsequent offense;
234      (j) Sexual abuse in the first degree under section
235 566.100 if the victim is under thirteen years of age;
236      (k) Kidnapping in the first degree under section
237 565.110 if the victim is under eighteen years of age,
238 excluding kidnapping by a parent or guardian;
239      (l) Child kidnapping under section 565.115;
240      (m) Sexual conduct with a nursing facility resident or
241 vulnerable person in the first degree under section 566.115
242 if the punishment is greater than a year;
243      (n) Incest under section 568.020;
244      (o) Endangering the welfare of a child in the first
245 degree under section 568.045 with sexual intercourse or
246 deviate sexual intercourse with a victim under eighteen
247 years of age;
248      (p) Child molestation in the first degree under
249 section 566.067;
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250      (q) Child molestation in the second degree under
251 section 566.068;
252      (r) Child molestation in the third degree under
253 section 566.069 if the victim is under thirteen years of age;
254      (s) Promoting prostitution in the first degree under
255 section 567.050 if the victim is under eighteen years of age;
256      (t) Promoting prostitution in the second degree under
257 section 567.060 if the victim is under eighteen years of age;
258      (u) Promoting prostitution in the third degree under
259 section 567.070 if the victim is under eighteen years of age;
260      (v) Promoting travel for prostitution under section
261 567.085 if the victim is under eighteen years of age;
262      (w) Trafficking for the purpose of sexual exploitation
263 under section 566.209 if the victim is under eighteen years
264 of age;
265      (x) Sexual trafficking of a child in the first degree
266 under section 566.210;
267      (y) Sexual trafficking of a child in the second degree
268 under section 566.211;
269      (z) Genital mutilation of a female child under section
270 568.065;
271      (aa) Statutory rape in the second degree under section
272 566.034;
273      (bb) Child molestation in the fourth degree under
274 section 566.071 if the victim is under thirteen years of age;
275      (cc) Sexual abuse in the second degree under section
276 566.101 if the penalty is a term of imprisonment of more
277 than a year;
278      (dd) Patronizing prostitution under section 567.030 if
279 the offender is a persistent offender;
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280      (ee) Abuse of a child under section 568.060 if the
281 offense is of a sexual nature and the victim is under
282 thirteen years of age;
283      (ff) Sexual contact with a prisoner or offender under
284 section 566.145 if the victim is under thirteen years of age;
285      (gg) Sexual intercourse with a prisoner or offender
286 under section 566.145;
287      (hh) Sexual contact with a student under section
288 566.086 if the victim is under thirteen years of age;
289      (ii) Use of a child in a sexual performance under
290 section 573.200; or
291      (jj) Promoting a sexual performance by a child under
292 section 573.205;
293      (3) Any offender who is adjudicated for a crime
294 comparable to a tier I or tier II offense listed in this
295 section or failure to register offense under section
296 589.425, or other comparable out-of-state failure to
297 register offense, who has been or is already required to
298 register as a tier II offender because of having been
299 adjudicated for a tier II offense, two tier I offenses, or
300 combination of a tier I offense and failure to register
301 offense, on a previous occasion;
302      (4) Any offender who is adjudicated in any other
303 state, territory, the District of Columbia, or foreign
304 country, or under federal, tribal, or military jurisdiction
305 for an offense of a sexual nature or with a sexual element
306 that is comparable to a tier III offense listed in this
307 section or a tier III offense under the Sex Offender
308 Registration and Notification Act, Title I of the Adam Walsh
309 Child Protection and Safety Act of 2006, Pub. L. 109-248; or
310      (5) Any offender who is adjudicated in Missouri for
311 any offense of a sexual nature requiring registration under
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312 sections 589.400 to 589.425 that is not classified as a tier
313 I or tier II offense in this section.
314      8.] 11. In addition to the requirements of subsections
315 1 to [7] 5 and 8 to 10 of this section, all Missouri
316 registrants who work, including as a volunteer or unpaid
317 intern, or attend any school whether public or private,
318 including any secondary school, trade school, professional
319 school, or institution of higher education, on a full-time
320 or part-time basis or have a temporary residence in this
321 state shall be required to report in person [to] before the
322 [chief law enforcement officer] registration official in the
323 area of the state where they work, including as a volunteer
324 or unpaid intern, or attend any school or training and
325 register in that state.   ["Part-time" in this subsection
326 means for more than seven days in any twelve-month period.
327      9.] 12. If a person who is required to register as a
328 sexual offender under sections 589.400 to 589.425 changes or
329 obtains a new online identifier [as defined in section
330 43.651], the person shall report such information in the
331 same manner as a change of residence before using such
332 online identifier.
1[589.414. 1. Any person required by
2sections 589.400 to 589.425 to register shall,
3within three business days, appear in person to
4the chief law enforcement officer of the county
5or city not within a county if there is a change
6to any of the following information:
7(1) Name;
8(2) Residence;
9(3) Employment, including status as a
10volunteer or intern;
11(4) Student status; or
12(5) A termination to any of the items
13listed in this subsection.
142. Any person required to register under
15sections 589.400 to 589.425 shall, within three
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16      business days, notify the chief law enforcement
17      official of the county or city not within a
18      county of any changes to the following
19      information:
20(1) Vehicle information;
21(2) Temporary lodging information;
22(3) Temporary residence information;
23(4) Email addresses, instant messaging
24      addresses, and any other designations used in
25      internet communications, postings, or telephone
26      communications; or
27(5) Telephone or other cellular number,
28      including any new forms of electronic
29      communication.
303. The chief law enforcement official in
31      the county or city not within a county shall
32      immediately forward the registration changes
33      described under subsections 1 and 2 of this
34      section to the Missouri state highway patrol
35      within three business days.
364. If any person required by sections
37      589.400 to 589.425 to register changes such
38      person's residence or address to a different
39      county or city not within a county, the person
40      shall appear in person and shall inform both the
41      chief law enforcement official with whom the
42      person last registered and the chief law
43      enforcement official of the county or city not
44      within a county having jurisdiction over the new
45      residence or address in writing within three
46      business days of such new address and phone
47      number, if the phone number is also changed. If
48      any person required by sections 589.400 to
49      589.425 to register changes his or her state,
50      territory, the District of Columbia, or foreign
51      country, or federal, tribal, or military
52      jurisdiction of residence, the person shall
53      appear in person and shall inform both the chief
54      law enforcement official with whom the person
55      was last registered and the chief law
56      enforcement official of the area in the new
57      state, territory, the District of Columbia, or
58      foreign country, or federal, tribal, or military
59      jurisdiction having jurisdiction over the new
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60      residence or address within three business days
61      of such new address. Whenever a registrant
62      changes residence, the chief law enforcement
63      official of the county or city not within a
64      county where the person was previously
65      registered shall inform the Missouri state
66      highway patrol of the change within three
67      business days. When the registrant is changing
68      the residence to a new state, territory, the
69      District of Columbia, or foreign country, or
70      federal, tribal, or military jurisdiction, the
71      Missouri state highway patrol shall inform the
72      responsible official in the new state,
73      territory, the District of Columbia, or foreign
74      country, or federal, tribal, or military
75      jurisdiction of residence within three business
76      days.
775. Tier I sexual offenders, in addition to
78      the requirements of subsections 1 to 4 of this
79      section, shall report in person to the chief law
80      enforcement official annually in the month of
81      their birth to verify the information contained
82      in their statement made pursuant to section
83      589.407. Tier I sexual offenders include:
84(1) Any offender who has been adjudicated
85      for the offense of:
86(a) Sexual abuse in the first degree under
87      section 566.100 if the victim is eighteen years
88      of age or older;
89(b) Sexual misconduct involving a child
90      under section 566.083 if it is a first offense
91      and the punishment is less than one year;
92(c) Sexual abuse in the second degree
93      under section 566.101 if the punishment is less
94      than a year;
95(d) Kidnapping in the second degree under
96      section 565.120 with sexual motivation;
97(e) Kidnapping in the third degree under
98      section 565.130;
99(f) Sexual conduct with a nursing facility
100      resident or vulnerable person in the first
101      degree under section 566.115 if the punishment
102      is less than one year;
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103(g) Sexual conduct under section 566.116
104      with a nursing facility resident or vulnerable
105      person;
106(h) Sexual [contact with a prisoner or
107      offender] conduct in the course of public duty
108      under section 566.145 if the victim is eighteen
109      years of age or older;
110(i) Sex with an animal under section
111      566.111;
112(j) Trafficking for the purpose of sexual
113      exploitation under section 566.209 if the victim
114      is eighteen years of age or older;
115(k) Possession of child pornography under
116      section 573.037 as it existed prior to August
117      28, 2026;
118(l) Possession of child sexual abuse
119      material under section 573.037;
120(m) Sexual misconduct in the first degree
121      under section 566.093;
122[(m)] (n) Sexual misconduct in the second
123      degree under section 566.095;
124[(n)] (o) Child molestation in the second
125      degree under section 566.068 as it existed prior
126      to January 1, 2017, if the punishment is less
127      than one year; [or
128(o)] (p) Invasion of privacy under section
129      565.252 if the victim is less than eighteen
130      years of age; or
131(q) Grooming of a minor under section
132      566.152;
133(2) Any offender who is or has been
134      adjudicated in any other state, territory, the
135      District of Columbia, or foreign country, or
136      under federal, tribal, or military jurisdiction
137      of an offense of a sexual nature or with a
138      sexual element that is comparable to the tier I
139      sexual offenses listed in this subsection or, if
140      not comparable to those in this subsection,
141      comparable to those described as tier I offenses
142      under the Sex Offender Registration and
143      Notification Act, Title I of the Adam Walsh
144      Child Protection and Safety Act of 2006, Pub. L.
145      109-248.
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1466. Tier II sexual offenders, in addition
147      to the requirements of subsections 1 to 4 of
148      this section, shall report semiannually in
149      person in the month of their birth and six
150      months thereafter to the chief law enforcement
151      official to verify the information contained in
152      their statement made pursuant to section
153      589.407. Tier II sexual offenders include:
154(1) Any offender who has been adjudicated
155      for the offense of:
156(a) Statutory sodomy in the second degree
157      under section 566.064 if the victim is sixteen
158      to seventeen years of age;
159(b) Child molestation in the third degree
160      under section 566.069 if the victim is between
161      thirteen and fourteen years of age;
162(c) Sexual contact with a student under
163      section 566.086 if the victim is thirteen to
164      seventeen years of age;
165(d) Enticement of a child under section
166      566.151;
167(e) Abuse of a child under section 568.060
168      if the offense is of a sexual nature and the
169      victim is thirteen to seventeen years of age;
170(f) Sexual exploitation of a minor under
171      section 573.023;
172(g) Promoting child pornography in the
173      first degree under section 573.025 as it existed
174      prior to August 28, 2026;
175(h) Promoting child sexual abuse material
176      in the first degree under section 573.025;
177(i) Promoting child pornography in the
178      second degree under section 573.035 as it
179      existed prior to August 28, 2026;
180(j) Promoting child sexual abuse material
181      in the second degree under section 573.035;
182[(i)] (k) Patronizing prostitution under
183      section 567.030;
184[(j)] (l) Sexual [contact with a prisoner
185      or offender] conduct in the course of public
186      duty under section 566.145 if the victim is
187      thirteen to seventeen years of age;
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188[(k)] (m) Child molestation in the fourth
189      degree under section 566.071 if the victim is
190      thirteen to seventeen years of age;
191[(l)] (n) Sexual misconduct involving a
192      child under section 566.083 if it is a first
193      offense and the penalty is a term of
194      imprisonment of more than a year; [or
195(m)] (o) Age misrepresentation with intent
196      to solicit a minor under section 566.153;
197(p) Nonconsensual dissemination of private
198      sexual images under section 573.110 if the
199      victim is seventeen years of age or under or if
200      coercion of the victim was sexual in nature; or
201(q) Threatening the nonconsensual
202      dissemination of private sexual images under
203      section 573.112 if the victim is seventeen years
204      of age or under or if coercion of the victim was
205      sexual in nature;
206(2) Any person who is adjudicated of an
207      offense comparable to a tier I offense listed in
208      this section or failure to register offense
209      under section 589.425 or comparable out-of-state
210      failure to register offense and who is already
211      required to register as a tier I offender due to
212      having been adjudicated of a tier I offense on a
213      previous occasion; or
214(3) Any person who is or has been
215      adjudicated in any other state, territory, the
216      District of Columbia, or foreign country, or
217      under federal, tribal, or military jurisdiction
218      for an offense of a sexual nature or with a
219      sexual element that is comparable to the tier II
220      sexual offenses listed in this subsection or, if
221      not comparable to those in this subsection,
222      comparable to those described as tier II
223      offenses under the Sex Offender Registration and
224      Notification Act, Title I of the Adam Walsh
225      Child Protection and Safety Act of 2006, Pub. L.
226      109-248.
2277. Tier III sexual offenders, in addition
228      to the requirements of subsections 1 to 4 of
229      this section, shall report in person to the
230      chief law enforcement official every ninety days
231      to verify the information contained in their
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232      statement made under section 589.407. Tier III
233      sexual offenders include:
234(1) Any offender registered as a predatory
235      [sexual offender as defined in section 566.123
236      or a] or persistent sexual offender as defined
237      in section [566.124] 566.125;
238(2) Any offender who has been adjudicated
239      for the crime of:
240(a) Rape in the first degree under section
241      566.030;
242(b) Statutory rape in the first degree
243      under section 566.032;
244(c) Rape in the second degree under
245      section 566.031;
246(d) Endangering the welfare of a child in
247      the first degree under section 568.045 if the
248      offense is sexual in nature;
249(e) Sodomy in the first degree under
250      section 566.060;
251(f) Statutory sodomy under section 566.062;
252(g) Statutory sodomy under section 566.064
253      if the victim is under sixteen years of age;
254(h) Sodomy in the second degree under
255      section 566.061;
256(i) Sexual misconduct involving a child
257      under section 566.083 if the offense is a second
258      or subsequent offense;
259(j) Sexual abuse in the first degree under
260      section 566.100 if the victim is under thirteen
261      years of age;
262(k) Kidnapping in the first degree under
263      section 565.110 if the victim is under eighteen
264      years of age, excluding kidnapping by a parent
265      or guardian;
266(l) Child kidnapping under section 565.115;
267(m) Sexual conduct with a nursing facility
268      resident or vulnerable person in the first
269      degree under section 566.115 if the punishment
270      is greater than a year;
271(n) Incest under section 568.020;
272(o) Endangering the welfare of a child in
273      the first degree under section 568.045 with
274      sexual intercourse or deviate sexual intercourse
275      with a victim under eighteen years of age;
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276(p) Child molestation in the first degree
277      under section 566.067;
278(q) Child molestation in the second degree
279      under section 566.068;
280(r) Child molestation in the third degree
281      under section 566.069 if the victim is under
282      thirteen years of age;
283(s) Promoting prostitution in the first
284      degree under section 567.050 if the victim is
285      under eighteen years of age;
286(t) Promoting prostitution in the second
287      degree under section 567.060 if the victim is
288      under eighteen years of age;
289(u) Promoting prostitution in the third
290      degree under section 567.070 if the victim is
291      under eighteen years of age;
292(v) Promoting travel for prostitution
293      under section 567.085 if the victim is under
294      eighteen years of age;
295(w) Trafficking for the purpose of sexual
296      exploitation under section 566.209 if the victim
297      is under eighteen years of age;
298(x) Sexual trafficking of a child in the
299      first degree under section 566.210;
300(y) Sexual trafficking of a child in the
301      second degree under section 566.211;
302(z) Genital mutilation of a female child
303      under section 568.065;
304(aa) Statutory rape in the second degree
305      under section 566.034;
306(bb) Child molestation in the fourth
307      degree under section 566.071 if the victim is
308      under thirteen years of age;
309(cc) Sexual abuse in the second degree
310      under section 566.101 if the penalty is a term
311      of imprisonment of more than a year;
312(dd) Patronizing prostitution under
313      section 567.030 if the offender is a persistent
314      offender;
315(ee) Abuse of a child under section
316      568.060 if the offense is of a sexual nature and
317      the victim is under thirteen years of age;
318(ff) Sexual [contact with a prisoner or
319      offender] conduct in the course of public duty
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320      under section 566.145 if the victim is under
321      thirteen years of age;
322(gg) [Sexual intercourse with a prisoner
323      or offender under section 566.145;
324(hh)] Sexual contact with a student under
325      section 566.086 if the victim is under thirteen
326      years of age;
327[(ii)] (hh) Use of a child in a sexual
328      performance under section 573.200; or
329[(jj)] (ii) Promoting a sexual performance
330      by a child under section 573.205;
331(3) Any offender who is adjudicated for a
332      crime comparable to a tier I or tier II offense
333      listed in this section or failure to register
334      offense under section 589.425, or other
335      comparable out-of-state failure to register
336      offense, who has been or is already required to
337      register as a tier II offender because of having
338      been adjudicated for a tier II offense, two tier
339      I offenses, or combination of a tier I offense
340      and failure to register offense, on a previous
341      occasion;
342(4) Any offender who is adjudicated in any
343      other state, territory, the District of
344      Columbia, or foreign country, or under federal,
345      tribal, or military jurisdiction for an offense
346      of a sexual nature or with a sexual element that
347      is comparable to a tier III offense listed in
348      this section or a tier III offense under the Sex
349      Offender Registration and Notification Act,
350      Title I of the Adam Walsh Child Protection and
351      Safety Act of 2006, Pub. L. 109-248; or
352(5) Any offender who is adjudicated in
353      Missouri for any offense of a sexual nature
354      requiring registration under sections 589.400 to
355      589.425 that is not classified as a tier I or
356      tier II offense in this section.
3578. In addition to the requirements of
358      subsections 1 to 7 of this section, all Missouri
359      registrants who work, including as a volunteer
360      or unpaid intern, or attend any school whether
361      public or private, including any secondary
362      school, trade school, professional school, or
363      institution of higher education, on a full-time
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364      or part-time basis or have a temporary residence
365      in this state shall be required to report in
366      person to the chief law enforcement officer in
367      the area of the state where they work, including
368      as a volunteer or unpaid intern, or attend any
369      school or training and register in that state.
370      "Part-time" in this subsection means for more
371      than seven days in any twelve-month period.
3729. If a person who is required to register
373      as a sexual offender under sections 589.400 to
374      589.425 changes or obtains a new online
375      identifier as defined in section 43.651, the
376      person shall report such information in the same
377      manner as a change of residence before using
378      such online identifier.]
1589.415.   [1.]   Any probation officer or parole officer
2  assigned to a sexual offender who is required to register
3  pursuant to sections 589.400 to 589.425 shall notify the
4  appropriate law enforcement officials whenever the probation
5  officer or parole officer has reason to believe that the
6  offender will be changing his or her residence.    Upon
7  obtaining the new address where the offender expects to
8  reside, the probation officer or parole officer shall report
9  such address to the [chief law enforcement] registration
10  official with whom the offender last registered and the
11  [chief law enforcement] registration official of the county
12  having jurisdiction over the new residence, if different.
13  The probation officer or parole officer shall also inform
14  the offender of the offender's duty to register.    However,
15  nothing in this section shall affect the offender's duty to
16  register, pursuant to sections 589.400 to 589.425.
17[2. As used in this section, the term "probation
18  officer" includes any agent of a private entity assigned to
19  provide probation supervision services to an offender due to
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20 the offender's status as a sexual offender who is required
21 to register pursuant to sections 589.400 to 589.425.]
1589.417.   1. Except for the specific information
2 listed in subsection 2 of this section, the complete
3 statements, photographs and fingerprints required by
4 sections 589.400 to 589.425 shall not be subject to the
5 provisions of chapter 610 and are not public records as
6 defined in section 610.010, and shall be available only to
7 courts, prosecutors and law enforcement agencies.
82. [Notwithstanding any provision of law to the
9 contrary, the chief law enforcement official of the county]
10 (1)   The following information shall be available as an open
11 record under chapter 610:
12(a)    Any information retained by the Missouri state
13 highway patrol required to be published on the internet at
14 the time of the request, as provided in section 589.411; and
15(b)    The name, offense requiring registration, dates of
16 registration, and compliance status of any offender who has
17 been removed from the internet because of death or a move
18 out of the state.     For offenders who have moved out of the
19 state, the new state of residence shall also be an open
20 record.
21(2)    The registration official shall maintain, for all
22 offenders registered in such county, a complete list of the
23 names, addresses and crimes for which such offenders are
24 registered. Any person may request such list from the
25 [chief law enforcement] registration official of the county.
263.    Nothing in this section shall be construed to open
27 any records relating to an offender who has been removed
28 from the sexual offender registry or found exempt under
29 section 589.401.     Such records shall be governed by the
30 provisions of chapter 610.
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31      4.   The metadata recorded by the sex offender registry
32 system, website, or other related databases utilized by the
33 sex offender registry including activity logs, user
34 information, or other related information shall be a closed
35 record, available only to authorized users for the
36 administration of criminal justice, as the term
37 "administration of criminal justice" is defined in section
38 43.500.
1      632.489.   1. Upon filing a petition pursuant to
2 section 632.484 or 632.486, the judge shall determine
3 whether probable cause exists to believe that the person
4 named in the petition is a sexually violent predator.    If
5 such probable cause determination is made, the judge shall
6 direct that person be taken into custody and direct that the
7 person be transferred to an appropriate secure facility,
8 including, but not limited to, a county jail.   If the person
9 is ordered to the department of mental health, the director
10 of the department of mental health shall determine the
11 appropriate secure facility to house the person under the
12 provisions of section 632.495.
13      2. Within seventy-two hours after a person is taken
14 into custody pursuant to subsection 1 of this section,
15 excluding Saturdays, Sundays and legal holidays, such person
16 shall be provided with notice of, and an opportunity to
17 appear in person at, a hearing to contest probable cause as
18 to whether the detained person is a sexually violent
19 predator. At this hearing the court shall:
20      (1) Verify the detainee's identity; and
21      (2) Determine whether probable cause exists to believe
22 that the person is a sexually violent predator.   The state
23 may rely upon the petition and supplement the petition with
24 additional documentary evidence or live testimony.
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25      3. At the probable cause hearing as provided in
26 subsection 2 of this section, the detained person shall have
27 the following rights in addition to the rights previously
28 specified:
29      (1) To be represented by counsel;
30      (2) To present evidence on such person's behalf;
31      (3) To cross-examine witnesses who testify against
32 such person; and
33      (4) To view and copy all petitions and reports in the
34 court file, including the assessment of the
35 multidisciplinary team.
36      4. If the probable cause determination is made, the
37 court shall direct that the person be transferred to an
38 appropriate secure facility, including, but not limited to,
39 a county jail, for an evaluation as to whether the person is
40 a sexually violent predator.    If the person is ordered to
41 the department of mental health, the director of the
42 department of mental health shall determine the appropriate
43 secure facility, which may include the department of
44 corrections or a county jail as set forth in section
45 632.495, to house the person.   The court shall direct the
46 director of the department of mental health to have the
47 person examined by a psychiatrist or psychologist as defined
48 in section 632.005 who was not a member of the
49 multidisciplinary team that previously reviewed the person's
50 records. In addition, such person may be examined by a
51 consenting psychiatrist or psychologist of the person's
52 choice at the person's own expense.    Any examination shall
53 be conducted in the facility in which the person is
54 confined. Any examinations ordered shall be made at such
55 time and under such conditions as the court deems proper;
56 except that, if the order directs the director of the
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57 department of mental health to have the person examined, the
58 director shall determine the time, place and conditions
59 under which the examination shall be conducted.   The
60 psychiatrist or psychologist conducting such an examination
61 shall be authorized to interview family and associates of
62 the person being examined, as well as victims and witnesses
63 of the person's offense or offenses, for use in the
64 examination unless the court for good cause orders
65 otherwise. The psychiatrist or psychologist shall have
66 access to all materials provided to and considered by the
67 multidisciplinary team and to any police reports related to
68 sexual offenses committed by the person being examined.    Any
69 examination performed pursuant to this section shall be
70 completed and filed with the court within sixty days of the
71 date the order is received by the director or other
72 evaluator unless the court for good cause orders otherwise.
73 One examination shall be provided at no charge by the
74 department. All costs of any subsequent evaluations shall
75 be assessed to the party requesting the evaluation.
1      632.492.   Within sixty days after the completion of any
2 examination held pursuant to section 632.489, the court
3 shall conduct a trial to determine whether the person is a
4 sexually violent predator.   The trial may be continued upon
5 the request of either party and a showing of good cause, or
6 by the court on its own motion in the due administration of
7 justice, and when the respondent will not be substantially
8 prejudiced. At all stages of the proceedings pursuant to
9 sections 632.480 to 632.513, any person subject to sections
10 632.480 to 632.513 shall be entitled to the assistance of
11 counsel, and if the person is indigent, the court shall
12 appoint counsel to assist such person.   The person, the
13 attorney general, or the judge shall have the right to
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14 demand that the trial be before a jury.    If the trial is
15 held before a jury, the judge shall instruct the jury that
16 if it finds that the person is a sexually violent predator,
17 the person shall be committed to the custody of the director
18 of the department of mental health to be housed in an
19 appropriate secure facility, as determined by the director
20 of the department of mental health as set forth in section
21 632.495, for control, care and treatment.    If no demand for
22 a jury is made, the trial shall be before the court.       The
23 court shall conduct all trials pursuant to this section in
24 open court, except as otherwise provided for by the child
25 victim witness protection law pursuant to sections 491.675
26 to 491.705.
1      632.495.   1. The court or jury shall determine
2 whether, by clear and convincing evidence, the person is a
3 sexually violent predator.   If such determination that the
4 person is a sexually violent predator is made by a jury,
5 such determination shall be by unanimous verdict of such
6 jury. Any determination as to whether a person is a
7 sexually violent predator may be appealed.
8      2. If the court or jury determines that the person is
9 a sexually violent predator, the person shall be committed
10 to the custody of the director of the department of mental
11 health for control, care and treatment until such time as
12 the person's mental abnormality has so changed that the
13 person is safe to be at large.    Such control, care and
14 treatment shall be provided or arranged by the department of
15 mental health in an appropriate secure facility, as
16 determined by the director of the department of mental
17 health as set forth in this section.
18      3. At all times, persons ordered to the department of
19 mental health after a determination by the court that such
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20 persons may meet the definition of a sexually violent
21 predator, persons ordered to the department of mental health
22 after a finding of probable cause under section 632.489, and
23 persons committed for control, care and treatment by the
24 department of mental health pursuant to sections 632.480 to
25 632.513 shall be kept in a secure facility designated by the
26 director of the department of mental health and such persons
27 shall be segregated at all times from any other patient
28 under the supervision of the director of the department of
29 mental health.   The department of mental health shall not
30 place or house a person ordered to the department of mental
31 health after a determination by the court that such person
32 may meet the definition of a sexually violent predator, a
33 person ordered to the department of mental health after a
34 finding of probable cause under section 632.489, or a person
35 committed for control, care, and treatment by the department
36 of mental health, pursuant to sections 632.480 to 632.513,
37 with other mental health patients.   The provisions of this
38 subsection shall not apply to a person who has been
39 conditionally released under section 632.505.
40      4. The department of mental health is authorized to
41 enter into an interagency agreement with the department of
42 corrections for the confinement of [such] persons ordered to
43 the department of mental health after a determination by the
44 court that such persons may meet the definition of a
45 sexually violent predator or for the confinement of persons
46 ordered to the department of mental health after a finding
47 of probable cause under section 632.489, provided the
48 department of corrections has necessary space and services
49 available and the director of the department of corrections
50 has agreed to provide such confinement through an
51 interagency agreement with the department of mental health.
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52 Such persons who are in the confinement of the department of
53 corrections pursuant to an interagency agreement shall be
54 housed and managed separately from offenders in the custody
55 of the department of corrections, and except for occasional
56 instances of supervised incidental contact, shall be
57 segregated from such offenders.   If the department of mental
58 health and the department of corrections have entered into
59 an interagency agreement as provided in this subsection, the
60 department of corrections is authorized to enter into one or
61 more contract agreements as may be necessary to perform the
62 agreed upon responsibilities of the department of
63 corrections under the interagency agreement including, but
64 not limited to, a contract agreement with one or more
65 licensed professionals or providers of health care services
66 to provide health care services to the persons identified in
67 this subsection.
68      5. The department of mental health is authorized to
69 enter into a contract agreement with one or more county
70 jails in Missouri for the confinement of persons ordered to
71 the department of mental health after a determination by the
72 court that such persons may meet the definition of a
73 sexually violent predator or for the confinement of persons
74 ordered to the department of mental health after a finding
75 of probable cause under section 632.489.   Such persons who
76 are in the confinement of a county jail pursuant to a
77 contract agreement shall be housed and managed separately
78 from offenders in the custody of the county jail, and except
79 for occasional instances of supervised incidental contact,
80 shall be segregated from such offenders.
81      6. The department of mental health is authorized to
82 enter into an interagency agreement with the department of
83 corrections for the control and care, including health care
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84  services, of persons committed to the department of mental
85  health by the court as a sexually violent predator, provided
86  the department of corrections has necessary space and
87  services available and the director of the department of
88  corrections has agreed to provide such control and care
89  through an interagency agreement with the department of
90  mental health.   Such persons who are in the control and care
91  of the department of corrections under an interagency
92  agreement shall be housed and managed separately from
93  offenders in the custody of the department of corrections,
94  and except for occasional instances of supervised incidental
95  contact, shall be segregated from such offenders.   If the
96  department of mental health and the department of
97  corrections have entered into an interagency agreement as
98  provided in this subsection, the department of corrections
99  is authorized to enter into one or more contract agreements
100 as may be necessary to perform the agreed upon
101 responsibilities of the department of corrections under the
102 interagency agreement including, but not limited to, a
103 contract agreement with one or more licensed professionals
104 or providers of health care services to provide health care
105 services to the persons identified in this subsection.
106      7.   The department of mental health is authorized to
107 enter into a contract agreement with one or more licensed
108 professionals or providers of health care or mental health
109 care services to provide health care or mental health care
110 services to persons ordered to the department of mental
111 health after a determination by the court that such persons
112 may meet the definition of a sexually violent predator,
113 persons ordered to the department of mental health after a
114 finding of probable cause under section 632.489, and persons
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115 committed for control, care, and treatment by the department
116 of mental health under sections 632.480 to 632.513.
117      8. If the court or jury is not satisfied by clear and
118 convincing evidence that the person is a sexually violent
119 predator, the court shall direct the person's release.
120      [7.] 9. Upon a mistrial, the court shall direct that
121 the person be held at an appropriate secure facility,
122 including, but not limited to, a county jail, until another
123 trial is conducted.   If the person is ordered to the
124 department of mental health, the director of the department
125 of mental health shall determine the appropriate secure
126 facility to house the person.    Any subsequent trial
127 following a mistrial shall be held within ninety days of the
128 previous trial, unless such subsequent trial is continued as
129 provided in section 632.492.
1632.504.   Nothing in sections 632.480 to 632.513 shall
2  prohibit a person from filing a petition for release
3  pursuant to sections 632.480 to 632.513.    However, if a
4  person has previously filed a petition for release without
5  the [director's] director of the department of mental
6  health's approval and the court determined either upon
7  review of the petition or following a hearing that the
8  petitioner's petition was frivolous or that the petitioner's
9  condition had not so changed that the person was safe to be
10  at large, then the court shall deny the subsequent petition
11  unless the petition contains facts upon which a court could
12  find the condition of the petitioner had so changed that a
13  hearing was warranted.   Upon receipt of a first or
14  subsequent petition from committed persons without the
15  director's approval, the court shall endeavor whenever
16  possible to review the petition and determine if the
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17 petition is based upon frivolous grounds and if so shall
18 deny the petition without a hearing.
1      632.520.   1. For purposes of this section, the
2 following terms mean:
3      (1) "Employee of the department of mental health", a
4 person who is an employee of the department of mental
5 health, an employee or contracted employee of a
6 subcontractor of the department of mental health, or an
7 employee or contracted employee of a subcontractor of an
8 entity [responsible for confining offenders] under an
9 interagency agreement or contract with the department of
10 mental health as authorized by section 632.495;
11      (2) "Offender", a person ordered to the department of
12 mental health after a determination by the court that the
13 person meets the definition of a sexually violent predator,
14 a person ordered to the department of mental health after a
15 finding of probable cause under section 632.489, or a person
16 committed for control, care, and treatment by the department
17 of mental health under sections 632.480 to 632.513;
18      (3) "Secure facility", a facility operated by the
19 department of mental health or an entity [responsible for
20 confining offenders] designated by the department of mental
21 health to confine offenders or provide control and care to
22 offenders as authorized by section 632.495.
23      2. No offender shall knowingly commit violence to an
24 employee of the department of mental health or to another
25 offender housed in a secure facility.   Violation of this
26 subsection shall be a class B felony.
27      3. No offender shall knowingly damage any building or
28 other property owned or operated by the department of mental
29 health. Violation of this subsection shall be a class D
30 felony.
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1[589.402. 1. The chief law enforcement
2      officer of the county or city not within a
3      county may maintain a web page on the internet,
4      which shall be open to the public and shall
5      include a registered sexual offender search
6      capability.
72. Except as provided in subsections 4 and
8      5 of this section, the registered sexual
9      offender search shall make it possible for any
10      person using the internet to search for and find
11      the information specified in subsection 3 of
12      this section, if known, on offenders registered
13      in this state pursuant to sections 589.400 to
14      589.425.
153. Only the information listed in this
16      subsection shall be provided to the public in
17      the registered sexual offender search:
18(1) The name and any known aliases of the
19      offender;
20(2) The date of birth and any known alias
21      dates of birth of the offender;
22(3) A physical description of the offender;
23(4) The residence, temporary, work, and
24      school addresses of the offender, including the
25      street address, city, county, state, and zip
26      code;
27(5) Any photographs of the offender;
28(6) A physical description of the
29      offender's vehicles, including the year, make,
30      model, color, and license plate number;
31(7) The nature and dates of all offenses
32      qualifying the offender to register, including
33      the tier level assigned to the offender under
34      sections 589.400 to 589.425;
35(8) The date on which the offender was
36      released from the department of mental health,
37      prison, or jail, or placed on parole, supervised
38      release, or probation for the offenses
39      qualifying the offender to register;
40(9) Compliance status of the offender with
41      the provisions of sections 589.400 to 589.425;
42      and
43(10) Any online identifiers, as defined in
44      section 43.651, used by the person. Such online
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45      identifiers shall not be included in the general
46      profile of an offender on the web page and shall
47      only be available to a member of the public by a
48      search using the specific online identifier to
49      determine if a match exists with a registered
50      offender.
514. The chief law enforcement officer of
52      any county or city not within a county may
53      publish in any newspaper distributed in the
54      county or city not within a county the sexual
55      offender information provided under subsection 3
56      of this section for any offender residing in the
57      county or city not within a county.
585. Juveniles required to register under
59      subdivision (6) of subsection 1 of section
60      589.400 shall be exempt from public notification
61      to include any adjudications from another state,
62      territory, the District of Columbia, or foreign
63      country or any federal, tribal, or military
64      jurisdiction.]
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