HB 2637

                             SECOND REGULAR SESSION
                   [TRULY AGREED TO AND FINALLY PASSED]
                  CONFERENCE COMMITTEE SUBSTITUTE FOR
                               SENATE SUBSTITUTE FOR
                      SENATE COMMITTEE SUBSTITUTE FOR
                       HOUSE COMMITTEE SUBSTITUTE FOR
       HOUSE BILL NOS. 2637 & 3155
                       103RD GENERAL ASSEMBLY
6162H.09T  2026
                                          AN ACT
To repeal sections 43.500, 43.503, 43.506, 43.509, 43.527, 43.530, 43.533, 43.650, 43.651,
  56.265, 57.540, 211.021, 211.071, 211.319, 211.331, 211.341, 217.362, 217.690,
  217.760, 455.050, 527.270, 556.061, 557.011, 557.021, 558.011, 558.016, 558.019,
  558.026, 558.031, 558.046, 559.115, 565.002, 565.050, 565.052, 565.054, 565.056,
  565.072, 565.073, 565.074, 565.076, 565.090, 565.091, 565.225, 565.227, 566.030,
  566.032, 566.060, 566.103, 566.125, 566.203, 566.209, 566.210, 566.211, 568.045,
  568.060, 577.800, 589.400, 589.401, 589.402, 589.403, 589.404, 589.405, 589.407,
  589.410, 589.414, 589.415, 589.417, 589.425, 590.192, 632.305, 632.489, 632.492,
  632.495, 632.504, and 632.520, RSMo, sections 211.021, 211.071, 211.331, 211.341,
  211.342, 211.436, 217.362, 217.690, 217.760, 557.011, 557.021, 558.011, 558.019,
  558.026, 558.031, 558.046, 559.115, 566.030, 566.060, 566.125, 566.210, 566.211,
  568.060, and 589.425 as enacted by senate substitute no. 3 for senate bill number 888,
  one hundred third general assembly, second regular session, section 589.407 as truly
  agreed to and finally passed by house committee substitute for senate bill no. 982, one
  hundred third general assembly, second regular session, and sections 589.400 and
  589.414 as enacted by senate substitute for senate committee substitute for house
  committee substitute for house bills nos. 2273, 1946, 1814 & 2551, one hundred third
  general assembly, second regular session, and to enact in lieu thereof ninety-four new
  sections relating to public safety, with penalty provisions, delayed effective dates for
  certain sections, and an emergency clause for certain sections.
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended
         to be omitted from the law. Matter in bold-face type in the above bill is proposed language.
CCS SS SCS HCS HBs 2637 & 3155  2
Be it enacted by the General Assembly of the state of Missouri, as follows:
        Section A. Sections 43.500, 43.503, 43.506, 43.509, 43.527, 43.530, 43.533, 43.650,
2 43.651, 56.265, 57.540, 211.021, 211.071, 211.319, 211.331, 211.341, 217.362, 217.690,
3 217.760, 455.050, 527.270, 556.061, 557.011, 557.021, 558.011, 558.016, 558.019, 558.026,
4 558.031, 558.046, 559.115, 565.002, 565.050, 565.052, 565.054, 565.056, 565.072, 565.073,
5 565.074, 565.076, 565.090, 565.091, 565.225, 565.227, 566.030, 566.032, 566.060, 566.103,
6 566.125, 566.203, 566.209, 566.210, 566.211, 568.045, 568.060, 577.800, 589.400, 589.401,
7 589.402, 589.403, 589.404, 589.405, 589.407, 589.410, 589.414, 589.415, 589.417, 589.425,
8 590.192, 632.305, 632.489, 632.492, 632.495, 632.504, and 632.520, RSMo, sections 211.021,
9 211.071, 211.331, 211.341, 211.342, 211.436, 217.362, 217.690, 217.760, 557.011, 557.021,
10 558.011, 558.019, 558.026, 558.031, 558.046, 559.115, 566.030, 566.060, 566.125, 566.210,
11 566.211, 568.060, and 589.425 as enacted by senate substitute no. 3 for senate bill number 888,
12 one hundred third general assembly, second regular session, section 589.407 as truly agreed to
13 and finally passed by house committee substitute for senate bill no. 982, one hundred third
14 general assembly, second regular session, and sections 589.400 and 589.414 as enacted by senate
15 substitute for senate committee substitute for house committee substitute for house bills nos.
16 2273, 1946, 1814 & 2551, one hundred third general assembly, second regular session, are
17 repealed and ninety-four new sections enacted in lieu thereof, to be known as sections 27.117,
18 43.500, 43.503, 43.506, 43.509, 43.527, 43.530, 56.265, 57.540, 211.021, 211.071, 211.319,
19 211.331, 211.341, 211.342, 217.362, 217.690, 217.760, 455.050, 455.098, 527.270, 544.667,
20 556.061, 557.011, 557.021, 558.011, 558.016, 558.019, 558.026, 558.031, 558.046, 559.115,
21 565.002, 565.050, 565.052, 565.054, 565.056, 565.072, 565.073, 565.074, 565.076, 565.090,
22 565.091, 565.225, 565.227, 565.260, 565.400, 565.405, 566.030, 566.032, 566.060, 566.103,
23 566.125, 566.203, 566.209, 566.210, 566.211, 568.045, 568.060, 573.570, 573.575, 577.800,
24 589.400, 589.401, 589.403, 589.404, 589.405, 589.407, 589.410, 589.411, 589.412, 589.413,
25 589.414, 589.415, 589.417, 589.425, 589.900, 589.902, 590.192, 632.305, 632.489, 632.492,
26 632.495, 632.504, 632.520, 632.580, 632.585, 632.590, 632.593, 632.595, 632.600, 632.605,
27 632.610, and 1, to read as follows:
        27.117. A prosecuting or circuit attorney may request assistance from the attorney
2  general, or one of his or her assistants, to assist in the prosecution of a violation of sections
3  565.090, 565.091, 565.225, 565.227, 565.400, 565.405, 573.570 or 573.575, where the offense
4  occurred in more than one jurisdiction of the state. The prosecuting or circuit attorney
5  may request any resource or capability of the attorney general when prosecuting such
6  cases.
CCS SS SCS HCS HBs 2637 & 3155  3
         43.500. As used in sections 43.500 to [43.651] 43.600, the following terms mean:
2(1) "Administration of criminal justice", performance of any of the following activities:
3 detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication,
4 correctional supervision, or rehabilitation of accused persons or criminal offenders. The
5 administration of criminal justice shall include the screening of employees or applicants seeking
6 employment with criminal justice agencies, criminal identification activities, and the collection,
7 storage, and dissemination of criminal history information, including fingerprint searches,
8 photographs, and other unique biometric identification;
9(2) "Central repository", the division within the Missouri state highway patrol
10 responsible for compiling and disseminating complete and accurate criminal history records and
11 statistics;
12(3) "Committee", criminal records and justice information advisory committee;
13(4) "Comparable ordinance violation", a violation of an ordinance having all the
14 essential elements of a statutory felony or a class A misdemeanor;
15(5) "Criminal history record information", information collected by criminal justice
16 agencies on individuals consisting of identifiable descriptions and notations of arrests,
17 detentions, indictments, informations, or other formal criminal charges, and any disposition
18 arising therefrom, sentencing, correctional supervision, and release;
19(6) "Final disposition", the formal conclusion of a criminal proceeding at whatever stage
20 it occurs in the criminal justice system;
21(7) "Missouri charge code", a unique number assigned by the office of state courts
22 administrator to an offense for tracking and grouping offenses. Beginning January 1, 2005, the
23 complete charge code shall consist of digits assigned by the office of state courts administrator,
24 the two-digit national crime information center modifiers and a single digit designating attempt,
25 accessory, or conspiracy. The only exception to the January 1, 2005, date shall be the courts that
26 are not using the statewide court automation case management pursuant to section 476.055; the
27 effective date will be as soon thereafter as economically feasible for all other courts;
28(8) "State offense cycle number", a unique number, supplied by or approved by the
29 Missouri state highway patrol, on the state criminal fingerprint card. The offense cycle number,
30 OCN, is used to link the identity of a person, through unique biometric identification, to one or
31 many offenses for which the person is arrested or charged. The OCN will be used to track an
32 offense incident from the date of arrest to the final disposition when the offender exits from the
33 criminal justice system;
34(9) "Unique biometric identification", automated methods of recognizing and identifying
35 an individual based on a physiological characteristic. Biometric identification methods may
36 include but are not limited to facial recognition, fingerprints, palm prints, hand geometry, iris
37 recognition, and retinal scan.
CCS SS SCS HCS HBs 2637 & 3155  4
        43.503. 1. For the purpose of maintaining complete and accurate criminal history record
2 information, all police officers of this state, the clerk of each court, the department of
3 corrections, the sheriff of each county, the chief law enforcement official of a city not within a
4 county and the prosecuting attorney of each county or the circuit attorney of a city not within
5 a county shall submit certain criminal arrest, charge, and disposition information to the central
6 repository for filing without undue delay in the form and manner required by sections 43.500
7 to [43.651] 43.600.
82. All law enforcement agencies making misdemeanor and felony arrests as determined
9 by section 43.506 shall furnish without undue delay, to the central repository, fingerprints,
10 photograph, and if available, any other unique biometric identification collected, charges,
11 appropriate charge codes, and descriptions of all persons who are arrested for such offenses on
12 standard fingerprint forms supplied or approved by the highway patrol or electronically in a
13 format and manner approved by the highway patrol and in compliance with the standards set by
14 the Federal Bureau of Investigation in its Automated Fingerprint Identification System or its
15 successor program. All such agencies shall also notify the central repository of all decisions not
16 to refer such arrests for prosecution. An agency making such arrests may enter into
17 arrangements with other law enforcement agencies for the purpose of furnishing without undue
18 delay such fingerprints, photograph, and if available, any other unique biometric identification
19 collected, charges, appropriate charge codes, and descriptions to the central repository upon its
20 behalf.
213. In order for the Missouri office of prosecution services to maintain complete and
22 accurate statewide reports as required by section 56.750, on or before January 1, 2028, and
23 thereafter, all police officers of this state, the sheriff and each deputy sheriff of each county, and
24 the chief law enforcement official of a city not within a county and his or her officers shall
25 submit referrals for any traffic violation, ordinance violation, or misdemeanor or felony offense
26 referred to a prosecuting or circuit attorney in the form and manner approved by the Missouri
27 office of prosecution services as required by subdivision (7) of subsection 1 of section 56.750.
28 At a minimum, any referral to a prosecuting attorney or circuit attorney for a felony offense shall
29 include a probable cause statement and an investigative report. Any law enforcement agency
30 that violates this subsection shall be ineligible to receive state or federal funds that would
31 otherwise be paid to such agency for law enforcement, safety, or criminal justice purposes.
324. In instances where an individual [less than seventeen] under eighteen years of age
33 and not currently certified as an adult is taken into custody for an offense [which] that would
34 be a class A or B felony, felony under chapter 566, or two felony offenses arising from
35 distinct acts committed within one year of each other, if committed by an adult, the arresting
36 officer shall take fingerprints for the central repository. These fingerprints shall be taken on
37 fingerprint cards supplied by or approved by the highway patrol or transmitted electronically in
CCS SS SCS HCS HBs 2637 & 3155  5
38 a format and manner approved by the highway patrol and in compliance with the standards set
39 by the Federal Bureau of Investigation in its Automated Fingerprint Identification System or its
40 successor program. [The fingerprint cards shall be so constructed that the name of the juvenile
41 should not be made available to the central repository.] The individual's name and the unique
42 number associated with the fingerprints and other pertinent information shall be provided to the
43 court of jurisdiction by the agency taking the juvenile into custody. The juvenile's fingerprints
44 and other information shall be forwarded to the central repository and the courts without undue
45 delay. The fingerprint information from the card shall be captured and stored in the automated
46 fingerprint identification system operated by the central repository. In the event the fingerprints
47 are found to match other tenprints or unsolved latent prints, the central repository shall notify
48 the submitting agency who shall notify the court of jurisdiction as per local agreement. Under
49 section 211.031, in instances where a juvenile over fifteen and one-half years of age is alleged
50 to have violated a state or municipal traffic ordinance or regulation, which does not constitute
51 a felony, and the juvenile court does not have jurisdiction, the juvenile shall not be fingerprinted
52 unless certified as an adult. Records of a juvenile who has been fingerprinted under this
53 subsection shall be closed records as provided under section 610.120.
545. Upon certification of the individual as an adult, the certifying court shall order a law
55 enforcement agency to immediately fingerprint and photograph the individual and certification
56 papers will be forwarded to the appropriate law enforcement agency with the order for
57 fingerprinting. The law enforcement agency shall submit such fingerprints, photograph, and
58 certification papers to the central repository within fifteen days and shall furnish the offense
59 cycle number associated with the fingerprints to the prosecuting attorney or the circuit attorney
60 of a city not within a county and to the clerk of the court ordering the subject fingerprinted. If
61 the juvenile is acquitted of the crime and is no longer certified as an adult, the prosecuting
62 attorney shall notify within fifteen days the central repository of the change of status of the
63 juvenile. Records of a child who has been fingerprinted and photographed after being taken into
64 custody shall be closed records as provided under section 610.100 if a petition has not been filed
65 within thirty days of the date that the child was taken into custody; and if a petition for the child
66 has not been filed within one year of the date the child was taken into custody, any records
67 relating to the child concerning the alleged offense may be expunged under the procedures in
68 sections 610.122 to 610.126.
696. The prosecuting attorney of each county or the circuit attorney of a city not within a
70 county or the municipal prosecuting attorney shall notify the central repository on standard
71 forms supplied by the highway patrol or in a manner approved by the highway patrol of his or
72 her decision to not file a criminal charge on any charge referred to such prosecuting attorney or
73 circuit attorney for criminal charges. All records forwarded to the central repository and the
74 courts by prosecutors or circuit attorneys as required by sections 43.500 to 43.530 shall include
 CCS SS SCS HCS HBs 2637 & 3155  6
75 the state offense cycle number of the offense, the charge code for the offense, and the originating
76 agency identifier number of the reporting prosecutor, using such numbers as assigned by the
77 highway patrol.
787. The clerk of the courts of each county or city not within a county or municipal court
79 clerk shall furnish the central repository, on standard forms supplied by the highway patrol or
80 in a manner approved by the highway patrol, with a record of all charges filed, including all
81 those added subsequent to the filing of a criminal court case, amended charges, and all final
82 dispositions of cases for which the central repository has a record of an arrest or a record of
83 fingerprints reported pursuant to sections 43.500 to 43.506. Such information shall include, for
84 each charge:
85(1) All judgments of not guilty, acquittals on the ground of mental disease or defect
86 excluding responsibility, judgments or pleas of guilty including the sentence, if any, or
87 probation, if any, pronounced by the court, nolle pros, discharges, releases and dismissals in the
88 trial court;
89(2) Court orders filed with the clerk of the courts which reverse a reported conviction
90 or vacate or modify a sentence;
91(3) Judgments terminating or revoking a sentence to probation, supervision or
92 conditional release and any resentencing after such revocation; and
93(4) The offense cycle number of the offense, and the originating agency identifier
94 number of the sentencing court, using such numbers as assigned by the highway patrol.
958. The clerk of the courts of each county or city not within a county shall furnish, to the
96 department of corrections or department of mental health, court judgment and sentence
97 documents and the state offense cycle number and the charge code of the offense which resulted
98 in the commitment or assignment of an offender to the jurisdiction of the department of
99 corrections or the department of mental health if the person is committed pursuant to chapter
100 552. This information shall be reported to the department of corrections or the department of
101 mental health at the time of commitment or assignment. If the offender was already in the
102 custody of the department of corrections or the department of mental health at the time of such
103 subsequent conviction, the clerk shall furnish notice of such subsequent conviction to the
104 appropriate department by certified mail, return receipt requested, or in a manner and format
105 mutually agreed to, within fifteen days of such disposition.
1069. Information and fingerprints, photograph and if available, any other unique biometric
107 identification collected, forwarded to the central repository, normally obtained from a person at
108 the time of the arrest, may be obtained at any time the subject is in the criminal justice system
109 or committed to the department of mental health. A law enforcement agency or the department
110 of corrections may fingerprint, photograph, and capture any other unique biometric identification
111 of the person unless collecting other unique biometric identification of the person is not
 CCS SS SCS HCS HBs 2637 & 3155  7
112 financially feasible for the law enforcement agency, and obtain the necessary information at any
113 time the subject is in custody. If at the time of any court appearance, the defendant has not been
114 fingerprinted and photographed for an offense in which a fingerprint and photograph is required
115 by statute to be collected, maintained, or disseminated by the central repository, the court shall
116 order a law enforcement agency or court marshal to fingerprint and photograph immediately the
117 defendant. The order for fingerprints shall contain the offense, charge code, date of offense, and
118 any other information necessary to complete the fingerprint card. The law enforcement agency
119 or court marshal shall submit such fingerprints, photograph, and if available, any other unique
120 biometric identification collected, to the central repository without undue delay and within thirty
121 days and shall furnish the offense cycle number associated with the fingerprints to the
122 prosecuting attorney or the circuit attorney of a city not within a county and to the court clerk
123 of the court ordering the subject fingerprinted.
12410. The department of corrections and the department of mental health shall furnish the
125 central repository with all information concerning the receipt, escape, execution, death, release,
126 pardon, parole, commutation of sentence, granting of executive clemency, legal name change,
127 or discharge of an individual who has been sentenced to that department's custody for any
128 offenses which are mandated by law to be collected, maintained or disseminated by the central
129 repository. All records forwarded to the central repository by the department as required by
130 sections 43.500 to [43.651] 43.600 shall include the offense cycle number of the offense, and
131 the originating agency identifier number of the department using such numbers as assigned by
132 the highway patrol.
         43.506. 1. Those offenses considered reportable for the purposes of sections 43.500 to
2 [43.651] 43.600 include all felonies; class A misdemeanors; all violations for driving under the
3 influence of drugs or alcohol; any offense that can be enhanced to a class A misdemeanor or
4 higher for subsequent violations; and comparable ordinance violations consistent with the
5 reporting standards established by the National Crime Information Center, Federal Bureau of
6 Investigation, for the Federal Interstate Identification Index System; and all cases arising under
7 chapter 566. The following types of offenses shall not be considered reportable for the purposes
8 of sections 57.403, 43.500 to [43.651] 43.600, and 595.200 to 595.218: nonspecific charges of
9 suspicion or investigation, general traffic violations and all misdemeanor violations of the state
10 wildlife code. All offenses considered reportable shall be reviewed annually and noted in the
11 Missouri charge code manual established in section 43.512. All information collected pursuant
12 to sections 43.500 to [43.651] 43.600 shall be available only as set forth in section 610.120.
132. Law enforcement agencies, court clerks, prosecutors and custody agencies may report
14 required information by electronic medium either directly to the central repository or indirectly
15 to the central repository via other criminal justice agency computer systems in the state with the
16 approval of the highway patrol, based upon standards established by the advisory committee.
 CCS SS SCS HCS HBs 2637 & 3155  8
173. In addition to the repository of fingerprint records for individual offenders and
18 applicants, the central repository of criminal history and identification records for the state shall
19 maintain a repository of latent prints, palm prints and other unique biometric identification
20 submitted to the repository.
       43.509. The director of the department of public safety shall, in accordance with the
 2 provisions of chapter 536, establish such rules and regulations as are necessary to implement the
 3 provisions of sections 43.500 to [43.651] 43.600. All collection and dissemination of criminal
 4 history information shall be in compliance with chapter 610 and applicable federal laws or
 5 regulations. Such rules shall relate to the collection of criminal history information from or
 6 dissemination of such information to criminal justice, noncriminal justice, and private agencies
 7 or citizens both in this and other states. No rule or portion of a rule promulgated under the
 8 authority of sections 43.500 to [43.651] 43.600 shall become effective unless it has been
 9 promulgated pursuant to the provisions of section 536.024.
       43.527. For purposes of sections 43.500 to [43.651] 43.600, all federal and nonstate of
 2 Missouri agencies and persons shall pay for criminal records checks, fingerprint searches, and
 3 any of the information as defined in subdivision (5) of section 43.500, when such information
 4 is not related to the administration of criminal justice. There shall be no charge for information
 5 supplied to criminal justice agencies for the administration of criminal justice. For purposes of
 6 sections 43.500 to [43.651] 43.600, the administration of criminal justice is defined in
 7 subdivision (1) of section 43.500 and shall be available only as set forth in section 610.120.
       43.530. 1. For each request requiring the payment of a fee received by the central
 2 repository, the requesting entity shall pay a fee of not more than nine dollars per request for
 3 criminal history record information not based on a fingerprint search. In each year beginning
 4 on or after January 1, 2010, the superintendent may increase the fee paid by requesting entities
 5 by an amount not to exceed one dollar per year, however, under no circumstance shall the fee
 6 paid by requesting entities exceed fifteen dollars per request.
72. For each request requiring the payment of a fee received by the central repository, the
 8 requesting entity shall pay a fee of not more than twenty dollars per request for criminal history
 9 record information based on a fingerprint search, unless the request is required under the
10 provisions of subdivision (6) of section 210.481, section 210.487, or section 571.101, in which
11 case the fee shall be fourteen dollars.
123. A request made under subsections 1 and 2 of this section shall be limited to check and
13 search on one individual. Each request shall be accompanied by a check, warrant, voucher,
14 money order, or electronic payment payable to the state of Missouri-criminal record system or
15 payment shall be made in a manner approved by the highway patrol. The highway patrol may
16 establish procedures for receiving requests for criminal history record information for
17 classification and search for fingerprints, from courts and other entities, and for the payment of
CCS SS SCS HCS HBs 2637 & 3155  9
18 such requests. There is hereby established by the treasurer of the state of Missouri a fund to be
19 entitled as the "Criminal Record System Fund". Notwithstanding the provisions of section
20 33.080 to the contrary, if the moneys collected and deposited into this fund are not totally
21 expended annually for the purposes set forth in sections 43.500 to [43.651] 43.600, the
22 unexpended moneys in such fund shall remain in the fund and the balance shall be kept in the
23 fund to accumulate from year to year.
         56.265. 1. The county prosecuting attorney in any county[, other than in a chartered
2 county,] shall receive an annual salary computed [using the following schedule, when applicable.
3 The assessed valuation factor shall be the amount thereof as shown for the year immediately
4 preceding the year for which the computation is done] as provided in this subsection.
5(1) For a full-time [prosecutor] prosecuting attorney of a charter, first, or second
6 class county, or of a city not within a county, the [prosecutor] prosecuting attorney shall
7 receive compensation equal to one hundred percent of the compensation of [an associate] a
8 circuit judge[;] .
9(2) [For a part-time prosecutor:] For a full-time prosecuting attorney of a third or
10 fourth class county, the prosecuting attorney shall receive compensation equal to one
11 hundred percent of the compensation of an associate circuit judge or, upon approval by
12 a majority of the county commission, the prosecuting attorney shall receive compensation
13 equal to ninety-five percent of the compensation of a circuit judge.
14(3) Upon approval by a majority of the county commission, a part-time prosecuting
15 attorney shall receive compensation equal to between thirty and sixty percent of the
16 compensation of an associate circuit judge.
17
18[Assessed Valuation  Amount
19$18,000,000 to  40,999,999      $37,000
2041,000,000    to       53,999,999      38,000
2154,000,000    to       65,999,999      39,000
2266,000,000    to       85,999,999      41,000
2386,000,000    to       99,999,999      43,000
24100,000,000 to  130,999,999     45,000
25131,000,000 to  159,999,999     47,000
26160,000,000 to  189,999,999     49,000
27190,000,000 to  249,999,999     51,000
28250,000,000 to  299,999,999     53,000
29300,000,000 or  more  55,000]
30
CCS SS SCS HCS HBs 2637 & 3155  10
31(4) Notwithstanding any other provision of this section to the contrary, no
32 prosecuting attorney who has held the office of prosecuting attorney prior to January 1,
33 2027, shall have their compensation lowered by the implementation of the compensation
34 procedures of this section, nor shall any prosecuting attorney have their compensation
35 lowered during their tenure of office.
362. Two thousand dollars of the salary shall be payable to any prosecuting attorney only
37 if the prosecuting attorney has completed at least twenty hours of classroom instruction each
38 calendar year relating to the operations of the prosecuting attorney's office when approved by
39 a professional association of the county prosecuting attorneys of Missouri unless exempted from
40 the training by the professional association. The professional association approving the program
41 shall provide a certificate of completion to each prosecuting attorney who completes the training
42 program and shall send a list of certified prosecuting attorneys to the treasurer of each county
43 or city not within a county. Expenses incurred for attending the training session may be
44 reimbursed to the prosecuting attorney in the same manner as other expenses as may be
45 appropriated for that purpose.
463. Each calendar year, five thousand dollars of the salary shall be payable to any
47 prosecuting attorney only if the prosecuting attorney has collected the data described in
48 subsection 2 of section 56.750 in a manner approved by the prosecutors coordinators training
49 council and makes the data described in subsection 2 of section 56.750 readily accessible to the
50 Missouri office of prosecution services. The Missouri office of prosecution services shall
51 provide a certificate of compliance to each prosecuting attorney who complies with this
52 subsection and shall send a list of any certified prosecuting attorney to the respective treasurer
53 of each county or city not within a county.
544. For each calendar year, three thousand dollars of the salary shall be payable to any
55 prosecuting attorney only if the prosecuting attorney has provided discovery to criminal defense
56 attorneys who have entered an appearance on behalf of a defendant in a manner approved by the
57 prosecutors coordinators training council. The Missouri office of prosecution services shall
58 provide a certificate of compliance to each prosecuting attorney who complies with this
59 subsection and shall send a list of any certified prosecuting attorney to the respective treasurer
60 of each county or city not within a county.
615. As used in this section, the term "prosecuting attorney" includes the circuit attorney
62 of any city not within a county.
636. The prosecuting attorney of any county which becomes a county of the first
64 classification during a four-year term of office or a county which passed the proposition
65 authorized by subsection 1 of section 56.363 shall not be required to devote full time to such
66 office pursuant to section 56.067 until the beginning of the prosecuting attorney's next term of
67 office or until the proposition otherwise becomes effective.
CCS SS SCS HCS HBs 2637 & 3155  11
687. Notwithstanding any other provision of law to the contrary, any county with a
69 vacancy in the office of prosecuting attorney for more than sixty days may consolidate with
70 one contiguous county with a sitting prosecuting attorney upon a unanimous vote of the
71 county commissions of such counties to establish a cooperative regional prosecuting
72 attorney's office at any time. The prosecuting attorney of the contiguous county shall then
73 become the prosecuting attorney of that region for the remainder of that prosecuting
74 attorney's term of office or until such time as the governor appoints a prosecuting attorney
75 to fill the vacant prosecuting attorney position pursuant to section 105.030. Regional
76 prosecuting attorneys shall be designated as full-time prosecuting attorneys and shall be
77 compensated in the manner provided under the provisions of subdivision (2) of subsection
78 1 of this section. No two counties that each have sitting prosecuting attorneys shall be
79 permitted to consolidate in the manner described in this section.
808. The provisions of section 56.066 shall not apply to full-time prosecutors who are
81 compensated pursuant to subdivision (1) of subsection 1 of this section.
829. (1) There is hereby created in the state treasury the "Missouri State
83 Prosecutorial Services Grant Fund", which shall consist of moneys appropriated by the
84 general assembly.
85(2) The state treasurer shall be custodian of the fund. In accordance with sections
86 30.170 and 30.180, the state treasurer may approve disbursements. The fund shall be a
87 dedicated fund and, upon appropriation, moneys in this fund shall be used solely as
88 provided in this section and shall be allocated to counties of the third and fourth
89 classification on the basis of need in order for such counties to be in compliance with the
90 prosecuting attorney compensation provisions of this section.
91(3) Notwithstanding the provisions of section 33.080 to the contrary, any moneys
92 remaining in the fund at the end of the biennium shall not revert to the credit of the
93 general revenue fund.
94(4) The state treasurer shall invest moneys in the fund in the same manner as other
95 funds are invested. Any interest and moneys earned on such investments shall be credited
96 to the fund.
         57.540. 1. The sheriff of the City of St. Louis may employ an attorney at law to aid and
2  advise him in the discharge of his duties and to represent him in court[, which said attorney shall
3  be known as "sheriff's attorney", and who shall receive as compensation for his services as such
4  sheriff's attorney a sum of not less than three thousand dollars and not more than fifteen
5  thousand dollars per annum, payable in semimonthly installments]. The sheriff shall set the
6  compensation for an attorney hired pursuant to this section and such compensation shall
7  be paid out of the same funds and revenue as the sheriff of such city is paid.
CCS SS SCS HCS HBs 2637 & 3155  12
8     2. The attorney employed by a sheriff pursuant to subsection 1 of this section shall
 9 be employed at the pleasure of the sheriff.
              [211.021. As used in this chapter, unless the context clearly requires
2      otherwise, the following terms shall mean:
3(1) "Adult" [means], a person eighteen years of age or older;
4(2) "Child" [means], any person under eighteen years of age;
5(3) "Juvenile court" [means], the juvenile division or divisions of the
6      circuit court of the county, or judges while hearing juvenile cases assigned to
7      them;
8(4) "Juvenile detention facility", a place for the temporary care
9      of a juvenile in judicial custody in a proceeding under subdivision (2) or
10      (3) of subsection 1 of section 211.031 and includes a place that is
11      physically confining, but does not include a jail or other adult detention
12      facility unless the juvenile is seventeen years of age or older or unless the
13      juvenile detention facility is operated, administered, and staffed
14      separately and independently of a jail or other adult detention facility and
15      used exclusively for the lawful custody and treatment of juveniles. A
16      juvenile detention facility may be located in the same building or grounds
17      as a jail or other adult detention facility if there is spatial separation
18      between the facilities which prevents haphazard or accidental contact
19      between juvenile and adult detainees; there is separation between juvenile
20      and adult program activities; and there are separate juvenile and adult
21      staff other than specialized support staff who have infrequent contact
22      with detainees. The facility may be owned or operated by public or
23      private agencies;
24(5) "Legal custody" [means], the right to the care, custody and control
25      of a child and the duty to provide food, clothing, shelter, ordinary medical
26      care, education, treatment and discipline of a child. Legal custody may be
27      taken from a parent only by court action and if the legal custody is taken from
28      a parent without termination of parental rights, the parent's duty to provide
29      support continues even though the person having legal custody may provide
30      the necessities of daily living;
31[(5)] (6) "Parent" [means], either a natural parent or a parent by
32      adoption and if the child is illegitimate, "parent" means the mother;
33[(6)] (7) "Shelter care" [means], the temporary care of juveniles in
34      physically unrestricting facilities pending final court disposition. These
35      facilities may include:
36(a) "Foster home", the private home of foster parents providing
37      twenty-four-hour care to one to three children unrelated to the foster parents
38      by blood, marriage or adoption;
39(b) "Group foster home", the private home of foster parents providing
40      twenty-four-hour care to no more than six children unrelated to the foster
41      parents by blood, marriage or adoption;
CCS SS SCS HCS HBs 2637 & 3155  13
42(c) "Group home", a child care facility which approximates a family
43setting, provides access to community activities and resources, and provides
44care to no more than twelve children.]
         211.021. As used in this chapter, unless the context clearly requires otherwise, the
2 following terms shall mean:
3(1) "Adult" [means], a person eighteen years of age or older;
4(2) "Child" [means], any person under eighteen years of age;
5(3) "Juvenile court" [means], the juvenile division or divisions of the circuit court of the
6 county, or judges while hearing juvenile cases assigned to them;
7(4) "Juvenile detention facility", a place for the temporary care of a juvenile in
8 judicial custody in a proceeding under subdivision (2) or (3) of subsection 1 of section
9 211.031 and includes a place that is physically confining, but does not include a jail or
10 other adult detention facility unless the juvenile is eighteen years of age or older or unless
11 the juvenile detention facility is operated, administered, and staffed separately and
12 independently of a jail or other adult detention facility and used exclusively for the lawful
13 custody and treatment of juveniles. A juvenile detention facility may be located in the
14 same building or grounds as a jail or other adult detention facility if there is spatial
15 separation between the facilities which prevents haphazard or accidental contact between
16 juvenile and adult detainees; there is separation between juvenile and adult program
17 activities; and there are separate juvenile and adult staff other than specialized support
18 staff who have infrequent contact with detainees. The facility may be owned or operated
19 by public or private agencies;
20(5) "Legal custody" [means] , the right to the care, custody and control of a child and
21 the duty to provide food, clothing, shelter, ordinary medical care, education, treatment and
22 discipline of a child. Legal custody may be taken from a parent only by court action and if the
23 legal custody is taken from a parent without termination of parental rights, the parent's duty to
24 provide support continues even though the person having legal custody may provide the
25 necessities of daily living;
26[(5)] (6) "Parent" [means] , either a natural parent or a parent by adoption and if the child
27 is illegitimate, "parent" means the mother;
28[(6)] (7) "Shelter care" [means], the temporary care of juveniles in physically
29 unrestricting facilities pending final court disposition. These facilities may include:
30(a) "Foster home", the private home of foster parents providing twenty-four-hour care
31 to one to three children unrelated to the foster parents by blood, marriage or adoption;
32(b) "Group foster home", the private home of foster parents providing twenty-four-hour
33 care to no more than six children unrelated to the foster parents by blood, marriage or adoption;
 CCS SS SCS HCS HBs 2637 & 3155  14
34(c) "Group home", a child care facility which approximates a family setting, provides
35 access to community activities and resources, and provides care to no more than twelve children.
               [211.071. 1. (1) If a petition or motion to modify alleges that a child
2between the ages of fourteen and eighteen has committed an offense that
3would be considered a class A or B felony, felony under chapter 566, or
4three felony offenses arising from distinct acts committed within one
5hundred eighty days of each other, if committed by an adult, the court may,
6upon its own motion or upon motion by the juvenile officer, the office of the
7prosecuting or circuit attorney, the child, or the child's custodian, order a
8hearing at which the prosecuting or circuit attorney may present evidence
9if the prosecuting or circuit attorney filed the petition, and may, in its
10discretion, dismiss the petition or motion to modify and such child may be
11transferred to the court of general jurisdiction and prosecuted under the
12general law; except that, if a petition alleges that a child between the ages of
13twelve and eighteen has committed an offense that would be considered first
14degree murder under section 565.020, second degree murder under section
15565.021, first degree assault under section 565.050, forcible rape under section
16566.030 as it existed prior to August 28, 2013, rape in the first degree under
17section 566.030, forcible sodomy under section 566.060 as it existed prior to
18August 28, 2013, sodomy in the first degree under section 566.060, first
19degree robbery under section 569.020 as it existed prior to January 1, 2017,
20robbery in the first degree under section 570.023, distribution of drugs under
21section 195.211 as it existed prior to January 1, 2017, or the manufacturing of
22a controlled substance under section 579.055, if committed by an adult, or a
23dangerous felony as defined in section 556.061, or any felony involving the
24use, assistance, or aid of a deadly weapon, or has committed two or more prior
25unrelated offenses that would be felonies if committed by an adult, the court
26shall order a hearing, and may, in its discretion, dismiss the petition or motion
27to modify and transfer the child to a court of general jurisdiction for
28prosecution under the general law.
29(2) The moving party shall be solely responsible for all duties
30enumerated under this section. If the juvenile officer forwards to the
31prosecuting or circuit attorney a class A or B felony that is not certified
32by the juvenile officer, the prosecuting or circuit attorney shall notify the
33juvenile officer within fourteen days of the decision to certify the case.
342. Upon apprehension and arrest, jurisdiction over the criminal offense
35allegedly committed by any person between eighteen and twenty-one years of
36age over whom the juvenile court has retained continuing jurisdiction shall
37automatically terminate and that offense shall be dealt with in the court of
38general jurisdiction as provided in section 211.041.
393. Knowing and willful age misrepresentation by a juvenile subject
40shall not affect any action or proceeding which occurs based upon the
41misrepresentation. Any evidence obtained during the period of time in which
CCS SS SCS HCS HBs 2637 & 3155  15
42      a child misrepresents his or her age may be used against the child and will be
43      subject only to rules of evidence applicable in adult proceedings.
444. Written notification of a transfer hearing shall be given to the
45      juvenile and his or her custodian in the same manner as provided in sections
46      211.101 and 211.111. Notice of the hearing may be waived by the custodian.
47      Notice shall contain a statement that the purpose of the hearing is to determine
48      whether the child is a proper subject to be dealt with under the provisions of
49      this chapter, and that if the court finds that the child is not a proper subject to
50      be dealt with under the provisions of this chapter, the petition or motion to
51      modify will be dismissed to allow for prosecution of the child under the
52      general law.
535. The juvenile officer [may] shall consult with the office of
54      prosecuting or circuit attorney concerning any offense for which the child
55      could be certified as an adult under this section. The prosecuting or circuit
56      attorney shall [have access to] be provided police reports, reports of the
57      juvenile or deputy juvenile officer, statements of witnesses, a copy of the
58      completed Missouri Juvenile Detention Assessment Form (JDTA) or
59      similar form that was used in determining detention, and all other records
60      or reports relating to the offense alleged to have been committed by the child.
61      The prosecuting or circuit attorney shall have access to the disposition records
62      of the child when the child has been adjudicated pursuant to subdivision (3)
63      of subsection 1 of section 211.031. The prosecuting or circuit attorney shall
64      not divulge any information regarding the child and the offense until the
65      juvenile court at a judicial hearing has determined that the child is not a proper
66      subject to be dealt with under the provisions of this chapter. Any sanction
67      recommended as a result of the JDTA shall be used as a guideline and
68      shall not be mandatory.
696. In every incident, the juvenile officer shall consider legally
70      sufficient charges submitted by a law enforcement agency when utilizing
71      the JDTA form to determine whether or not to detain a child and shall
72      provide a copy of that completed JDTA form to the law enforcement
73      agency once a determination has been made. For purposes of this section,
74      the term "legally sufficient" means a reasonable belief with articulable
75      facts that a crime has been or is being committed based on the totality of
76      the circumstances.
777. Notwithstanding any other provision of law or the Missouri
78      supreme court operating rules to the contrary, law enforcement agencies
79      who detain juveniles for offenses where fingerprinting is required, shall
80      collect fingerprints and forward detention information to the central
81      repository, in a manner prescribed by the central repository. The
82      juvenile officer and court of jurisdiction over the juvenile offender shall
83      report all adjudication, delinquency, and custody information to the
84      central repository, in a manner prescribed by the central repository. All
85      information reported under this section shall be available to criminal
 CCS SS SCS HCS HBs 2637 & 3155  16
86      justice agencies for the administration of criminal justice under section
87      43.500 through the Missouri Uniform Law Enforcement System
88      (MULES). Such records maintained by the central repository under this
89      subsection shall be closed pursuant to section 610.120.
908. A written report shall be prepared in accordance with this chapter
91      developing fully all available information relevant to the criteria which shall
92      be considered by the court in determining whether the child is a proper subject
93      to be dealt with under the provisions of this chapter and whether there are
94      reasonable prospects of rehabilitation within the juvenile justice system.
95      These criteria shall include but not be limited to:
96(1) The seriousness of the offense alleged and whether the protection
97      of the community requires transfer to the court of general jurisdiction;
98(2) Whether the offense alleged involved viciousness, force and
99      violence;
100(3) Whether the offense alleged was against persons or property with
101      greater weight being given to the offense against persons, especially if
102      personal injury resulted;
103(4) Whether the offense alleged is a part of a repetitive pattern of
104      offenses which indicates that the child may be beyond rehabilitation under the
105      juvenile code;
106(5) The record and history of the child, including experience with the
107      juvenile justice system, other courts, supervision, commitments to juvenile
108      institutions and other placements;
109(6) The sophistication and maturity of the child as determined by
110      consideration of his or her home and environmental situation, emotional
111      condition and pattern of living;
112(7) The age of the child;
113(8) The program and facilities available to the juvenile court in
114      considering disposition;
115(9) Whether or not the child can benefit from the treatment or
116      rehabilitative programs available to the juvenile court; and
117(10) Racial disparity in certification.
118[7.] 9. If the court dismisses the petition to permit the child to be
119      prosecuted under the general law, the court shall enter a dismissal order
120      containing:
121(1) Findings showing that the court had jurisdiction of the cause and
122      of the parties;
123(2) Findings showing that the child was represented by counsel;
124(3) Findings showing that the hearing was held in the presence of the
125      child and his or her counsel; and
126(4) Findings showing the reasons underlying the court's decision to
127      transfer jurisdiction.
128[8.] 10. A copy of the petition or motion to modify and order of the
129      dismissal shall be sent to the prosecuting attorney.
 CCS SS SCS HCS HBs 2637 & 3155  17
130[9.] 11. When a petition or motion to modify has been dismissed
131thereby permitting a child to be prosecuted under the general law and the
132prosecution of the child results in a conviction, the jurisdiction of the juvenile
133court over that child is forever terminated, except as provided in subsection
134[10] 12 of this section, for an act that would be a violation of a state law or
135municipal ordinance.
136[10.] 12. If a petition or motion to modify has been dismissed thereby
137permitting a child to be prosecuted under the general law and the child is
138found not guilty by a court of general jurisdiction, the juvenile court shall
139have jurisdiction over any later offense committed by that child which would
140be considered a misdemeanor or felony if committed by an adult, subject to
141the certification provisions of this section.
142[11.] 13. If the court does not dismiss the petition or motion to modify
143to permit the child to be prosecuted under the general law, it shall set a date
144for the hearing upon the petition as provided in section 211.171.]
          211.071. 1. (1) If a petition or motion to modify alleges that a child between the ages
2  of fourteen and eighteen has committed an offense that would be considered a class A or B
3  felony, felony under chapter 566, or three felony offenses arising from distinct acts
4  committed within one hundred eighty days of each other, if committed by an adult, the court
5  may, upon its own motion or upon motion by the juvenile officer, the office of the prosecuting
6  or circuit attorney, the child, or the child's custodian, order a hearing at which the prosecuting
7  or circuit attorney may present evidence if the prosecuting or circuit attorney filed the
8  motion, and may, in its discretion, dismiss the petition or motion to modify and such child may
9  be transferred to the court of general jurisdiction and prosecuted under the general law; except
10  that, if a petition alleges that a child between the ages of twelve and eighteen has committed an
11  offense that would be considered first degree murder under section 565.020, second degree
12  murder under section 565.021, first degree assault under section 565.050, forcible rape under
13  section 566.030 as it existed prior to August 28, 2013, rape in the first degree under section
14  566.030, forcible sodomy under section 566.060 as it existed prior to August 28, 2013, sodomy
15  in the first degree under section 566.060, first degree robbery under section 569.020 as it existed
16  prior to January 1, 2017, robbery in the first degree under section 570.023, distribution of drugs
17  under section 195.211 as it existed prior to January 1, 2017, or the manufacturing of a controlled
18  substance under section 579.055, if committed by an adult, or a dangerous felony as defined in
19  section 556.061, or any felony involving the use, assistance, or aid of a deadly weapon, or has
20  committed two or more prior unrelated offenses that would be felonies if committed by an adult,
21  the court shall order a hearing, and may, in its discretion, dismiss the petition or motion to
22  modify and transfer the child to a court of general jurisdiction for prosecution under the general
23  law.
CCS SS SCS HCS HBs 2637 & 3155  18
24(2) The moving party shall be solely responsible for all duties enumerated under
25 this section. If the juvenile officer forwards to the prosecuting or circuit attorney a class
26 A or B felony that is not certified by the juvenile officer, the prosecuting or circuit attorney
27 shall notify the juvenile officer within fourteen days of the decision to certify the case.
28 Should certification be sought, the prosecuting attorney shall have no more than fourteen
29 days to file such motion.
302. Upon apprehension and arrest, jurisdiction over the criminal offense allegedly
31 committed by any person between eighteen and twenty-one years of age over whom the juvenile
32 court has retained continuing jurisdiction shall automatically terminate and that offense shall be
33 dealt with in the court of general jurisdiction as provided in section 211.041.
343. Knowing and willful age misrepresentation by a juvenile subject shall not affect any
35 action or proceeding which occurs based upon the misrepresentation. Any evidence obtained
36 during the period of time in which a child misrepresents his or her age may be used against the
37 child and will be subject only to rules of evidence applicable in adult proceedings.
384. Written notification of a transfer hearing shall be given to the juvenile and his or her
39 custodian in the same manner as provided in sections 211.101 and 211.111. Notice of the
40 hearing may be waived by the custodian. Notice shall contain a statement that the purpose of
41 the hearing is to determine whether the child is a proper subject to be dealt with under the
42 provisions of this chapter, and that if the court finds that the child is not a proper subject to be
43 dealt with under the provisions of this chapter, the petition or motion to modify will be dismissed
44 to allow for prosecution of the child under the general law.
455. The juvenile officer [may] shall consult with the office of prosecuting or circuit
46 attorney concerning any offense for which the child could be certified as an adult under this
47 section. The prosecuting or circuit attorney shall [have access to] be provided police reports,
48 reports of the juvenile or deputy juvenile officer, statements of witnesses, a copy of the
49 completed Missouri Juvenile Detention Assessment Form (JDTA) or similar form that was
50 used in determining detention, and all other records or reports relating to the offense alleged
51 to have been committed by the child. The prosecuting or circuit attorney shall have access to
52 the disposition records of the child when the child has been adjudicated pursuant to subdivision
53 (3) of subsection 1 of section 211.031. The prosecuting or circuit attorney shall not divulge any
54 information regarding the child and the offense until the juvenile court at a judicial hearing has
55 determined that the child is not a proper subject to be dealt with under the provisions of this
56 chapter. Any recommendation as a result of the JDTA shall be used as a guideline and shall
57 not be mandatory.
586. In every incident, the juvenile officer shall consider legally sufficient charges
59 submitted by a law enforcement agency when utilizing the JDTA form to determine
60 whether or not to detain a child and shall provide a copy of that completed JDTA form to
CCS SS SCS HCS HBs 2637 & 3155  19
61 the law enforcement agency once a determination has been made. For purposes of this
62 section, the term "legally sufficient" means a reasonable belief with articulable facts that
63 a crime has been or is being committed based on the totality of the circumstances.
647. Notwithstanding any other provision of law or the Missouri supreme court
65 operating rules to the contrary, law enforcement agencies who detain juveniles for offenses
66 where fingerprinting is required, shall collect fingerprints and forward detention
67 information to the central repository, in a manner prescribed by the central repository.
68 The juvenile officer and court of jurisdiction over the juvenile offender shall report all
69 adjudication, delinquency, and custody information to the central repository, in a manner
70 prescribed by the central repository. All information reported under this section shall be
71 available to criminal justice agencies for the administration of criminal justice under
72 section 43.500 through the Missouri Uniform Law Enforcement System (MULES). Such
73 records maintained by the central repository under this subsection shall be closed pursuant
74 to section 610.120.
758. A written report shall be prepared in accordance with this chapter developing fully
76 all available information relevant to the criteria which shall be considered by the court in
77 determining whether the child is a proper subject to be dealt with under the provisions of this
78 chapter and whether there are reasonable prospects of rehabilitation within the juvenile justice
79 system. These criteria shall include but not be limited to:
80(1) The seriousness of the offense alleged and whether the protection of the community
81 requires transfer to the court of general jurisdiction;
82(2) Whether the offense alleged involved viciousness, force and violence;
83(3) Whether the offense alleged was against persons or property with greater weight
84 being given to the offense against persons, especially if personal injury resulted;
85(4) Whether the offense alleged is a part of a repetitive pattern of offenses which
86 indicates that the child may be beyond rehabilitation under the juvenile code;
87(5) The record and history of the child, including experience with the juvenile justice
88 system, other courts, supervision, commitments to juvenile institutions and other placements;
89(6) The sophistication and maturity of the child as determined by consideration of his
90 or her home and environmental situation, emotional condition and pattern of living;
91(7) The age of the child;
92(8) The program and facilities available to the juvenile court in considering disposition;
93(9) Whether or not the child can benefit from the treatment or rehabilitative programs
94 available to the juvenile court; and
95(10) Racial disparity in certification.
96[7.] 9. If the court dismisses the petition to permit the child to be prosecuted under the
97 general law, the court shall enter a dismissal order containing:
 CCS SS SCS HCS HBs 2637 & 3155  20
98(1) Findings showing that the court had jurisdiction of the cause and of the parties;
99(2) Findings showing that the child was represented by counsel;
100(3) Findings showing that the hearing was held in the presence of the child and his or
101 her counsel; and
102(4) Findings showing the reasons underlying the court's decision to transfer jurisdiction.
103[8.] 10. A copy of the petition or motion to modify and order of the dismissal shall be
104 sent to the prosecuting attorney.
105[9.] 11. When a petition or motion to modify has been dismissed thereby permitting a
106 child to be prosecuted under the general law and the prosecution of the child results in a
107 conviction, the jurisdiction of the juvenile court over that child is forever terminated, except as
108 provided in subsection [10] 12 of this section, for an act that would be a violation of a state law
109 or municipal ordinance.
110[10.] 12. If a petition or motion to modify has been dismissed thereby permitting a child
111 to be prosecuted under the general law and the child is found not guilty by a court of general
112 jurisdiction, the juvenile court shall have jurisdiction over any later offense committed by that
113 child which would be considered a misdemeanor or felony if committed by an adult, subject to
114 the certification provisions of this section.
115[11.] 13. If the court does not dismiss the petition or motion to modify to permit the
116 child to be prosecuted under the general law, it shall set a date for the hearing upon the petition
117 as provided in section 211.171.
         211.319. 1. On or before July 1, 2005, all juvenile court proceedings conducted
2  pursuant to subdivision (1) of subsection 1 of section 211.031 and for termination of parental
3  rights cases pursuant to sections 211.442 to 211.487 initiated by a juvenile officer or the division
4  shall be open to the public; except that, when the parent has consented in writing to the
5  termination of his or her parental rights in conjunction with a placement with a licensed child-
6  placing agency under subsection 6 of section 453.010, the hearing shall be closed. The court,
7  on its own motion, may exclude for good cause shown any person or persons from the
8  proceedings to protect the welfare and best interests of the child and for exceptional
9  circumstances. Any party to a juvenile court proceeding referred to in this subsection, except
10  the state, may file a motion requesting that the general public be excluded from the proceeding
11  or any portion of the proceeding. Upon the filing of such motion, the court shall hear arguments
12  by the parties, but no evidence, and shall make a determination whether closure is in the best
13  interest of the parties or whether it is in the public interest to deny such motion. The court shall
14  make a finding on the record when a motion to close a hearing pursuant to this section is made
15  and heard by the court.
162. Notwithstanding the provisions of subsection 1 of this section, the general public shall
17  be excluded from all juvenile court proceedings referred to in subsection 1 of this section during
CCS SS SCS HCS HBs 2637 & 3155  21
18 the testimony of any child or victim and only such persons who have a direct interest in the case
19 or in the work of the court will be admitted to the proceedings.
203. For juvenile court proceedings described in subsection 1 of this section, pleadings and
21 orders of the juvenile court other than confidential files and those specifically ordered closed by
22 the juvenile court judge shall be open to the general public. For purposes of this section,
23 "confidential file" means all other records and reports considered closed or confidential by law,
24 including but not limited to medical reports, psychological or psychiatric evaluations,
25 investigation reports of the children's division, social histories, home studies, and police reports
26 and law enforcement records. Only persons who are found by the court to have a legitimate
27 interest shall be allowed access to confidential or closed files. In determining whether a person
28 has a legitimate interest, the court shall consider the nature of the proceedings, the welfare and
29 safety of the public, and the interest of any child involved.
304. For records made available to the public pursuant to this section:
31(1) The identity of any child involved except the perpetrator shall not be disclosed and
32 all references in such records to the identity of any child involved except the perpetrator shall
33 be redacted prior to disclosure to the public; and
34(2) All information that may identify or lead to the disclosure of the identity of a reporter
35 of child abuse under sections 210.109 to 210.183 and section 352.400 shall not be disclosed to
36 the public.
375. All juvenile court proceedings conducted pursuant to subdivision (3) of
38 subsection 1 of section 211.031 shall not be open to the general public.
396. The provisions of this section shall apply to juvenile court proceedings and records
40 specified in this section in which the initial pleadings are filed on or after July 1, 2005.
                   [211.331. 1. In each county of the first and second classifications and
2in [the city of St. Louis] any city not within a county, it is the duty of the
3county [commission, or, where there is no county commission, such other
4authorized] governing body, to provide a place of juvenile detention [for
5children coming within the provisions of this chapter] or juvenile detention
6facility. It is also the duty of the county [commission or other authorized]
7governing body to provide offices for the personnel of the juvenile court.
82. The place of juvenile detention or juvenile detention facility shall
9be so located and arranged that the child being detained does not come in
10contact, at any time or in any manner, with adults convicted or under arrest,
11and the care of children in detention shall approximate as closely as possible
12the care of children in good homes.
133. The place of juvenile detention or juvenile detention facility shall
14be in charge of a superintendent. The judge of the juvenile court or the family
15court administrator, if provided by local rule, shall appoint and fix the
16compensation and maintenance of the superintendent and of any assistants or
CCS SS SCS HCS HBs 2637 & 3155  22
17other personnel required to operate the detention facility. Such compensation
18and maintenance are payable out of funds of the county.
194. The county [commission or other] governing body [of the county]
20is authorized to lease or to acquire by purchase, gift or devise land for such
21purpose, and to erect buildings thereon and to provide funds to equip and
22maintain the same for the subsistence and education of the children placed
23therein.]
        211.331. 1. In each county of the first and second classifications and in [the city of St.
2 Louis] any city not within a county, it is the duty of the county [commission, or, where there
3 is no county commission, such other authorized] governing body[,] to provide a place of
4 juvenile detention [for children coming within the provisions of this chapter] or juvenile
5 detention facility. It is also the duty of the county [commission or other authorized] governing
6 body to provide offices for the personnel of the juvenile court.
72. The place of juvenile detention or juvenile detention facility shall be so located and
8 arranged that the child being detained does not come in contact, at any time or in any manner,
9 with adults convicted or under arrest, and the care of children in detention shall approximate as
10 closely as possible the care of children in good homes.
113. The place of juvenile detention or juvenile detention facility shall be in charge of
12 a superintendent. The judge of the juvenile court or the family court administrator, if provided
13 by local rule, shall appoint and fix the compensation and maintenance of the superintendent and
14 of any assistants or other personnel required to operate the detention facility. Such
15 compensation and maintenance are payable out of funds of the county.
164. The county [commission or other] governing body [of the county] is authorized to
17 lease or to acquire by purchase, gift or devise land for such purpose, and to erect buildings
18 thereon and to provide funds to equip and maintain the same for the subsistence and education
19 of the children placed therein.
                  [211.341. 1. [Counties of the third and fourth classes within one
2judicial circuit, shall,] Upon the written recommendation of the [circuit]
3presiding judge of that judicial circuit, or upon written notice from the
4county governing body to the presiding judge of approval of ordinances,
5orders, or resolutions authorizing a juvenile detention facility by all
6counties within that judicial circuit and the agreement provided in section
7211.342, counties of the third and fourth classes within one judicial circuit
8shall establish a place of juvenile detention or juvenile detention facility to
9serve all of the counties within that judicial circuit, and in like manner, the
10counties shall supply offices for the juvenile officers of that circuit.
112. The recommendation of the [circuit] presiding judge provided in
12subsection 1 of this section shall be made only after a hearing conducted by
13[him] the judge, after thirty days' notice, to determine the need and feasibility
14of establishing such a place of juvenile detention or juvenile detention
CCS SS SCS HCS HBs 2637 & 3155  23
15facility within the judicial circuit.
163. The provisions of section 211.331 apply as to the form of operation
17and means of maintenance of the place of juvenile detention or juvenile
18detention facility, except that the total cost of establishment and operation of
19the places of juvenile detention or juvenile detention facilities shall be
20prorated among the several counties within that judicial circuit upon a ratio to
21be determined by a comparison of the respective populations of the counties.
22The point of location of the place of juvenile detention or juvenile detention
23facility shall be determined by the [circuit] presiding judge of the judicial
24circuit or pursuant to an agreement established by section 211.342.
25[2. Circuit judges of any two or more adjoining judicial circuits after
26a hearing as provided in subsection 1 may, by agreement confirmed by
27judicial order, and] 4. In the interest of economy of administration, after a
28hearing as provided in subsection 2 of this section, the presiding judges
29of any two or more adjoining judicial circuit may establish one place of
30juvenile detention or juvenile detention facility to serve their respective
31judicial circuits, by agreement confirmed by judicial order. In such event,
32the [circuit] presiding judges so agreeing shall jointly govern the affairs of the
33place of juvenile detention or juvenile detention facility and the cost thereof
34shall be apportioned among the counties served in the manner provided for in
35subsection 1 of this section.
36[3.] 5. Any county of the third or fourth class desiring to provide its
37own place of juvenile detention or juvenile detention facility may do so in
38the manner prescribed for counties of the first and second classes.]
        211.341. 1. [Counties of the third and fourth classes within one judicial circuit, shall,]
2 Upon the written recommendation of the [circuit] presiding judge of [that] a judicial circuit, or
3 upon written notice from the county governing body to the presiding judge of approval of
4 ordinances, orders, or resolutions authorizing a juvenile detention facility by all counties
5 within that judicial circuit and the agreement provided in section 211.342, counties of the
6 third and fourth classes within one judicial circuit shall establish a place of juvenile detention
7 or juvenile detention facility to serve all of the counties within that judicial circuit, and in like
8 manner, the counties shall supply offices for the juvenile officers of that circuit.
92. The recommendation of the [circuit] presiding judge provided in subsection 1 of
10 this section shall be made only after a hearing conducted by [him] the judge, after thirty days'
11 notice, to determine the need and feasibility of establishing such a place of juvenile detention
12 or juvenile detention facility within the judicial circuit.
133. The provisions of section 211.331 apply as to the form of operation and means of
14 maintenance of the place of juvenile detention or juvenile detention facility, except that the
15 total cost of establishment and operation of the places of juvenile detention or juvenile
16 detention facilities shall be prorated among the several counties within that judicial circuit upon
CCS SS SCS HCS HBs 2637 & 3155  24
17 a ratio to be determined by a comparison of the respective populations of the counties. The point
18 of location of the place of juvenile detention or juvenile detention facility shall be determined
19 by the [circuit] presiding judge of the judicial circuit or pursuant to an agreement established
20 by section 211.342.
21[2. Circuit judges of any two or more adjoining judicial circuits after a hearing as
22 provided in subsection 1 may, by agreement confirmed by judicial order, and] 4. In the interest
23 of economy of administration, after a hearing as provided in subsection 2 of this section, the
24 presiding judges of any two or more adjoining judicial circuits may establish one place of
25 juvenile detention or juvenile detention facility to serve their respective judicial circuits, by
26 agreement confirmed by judicial order. In such event, the [circuit] presiding judges so
27 agreeing shall jointly govern the affairs of the place of juvenile detention or juvenile detention
28 facility and the cost thereof shall be apportioned among the counties served in the manner
29 provided for in subsection 1 of this section.
30[3.] 5. Any county of the third or fourth class desiring to provide its own place of
31 juvenile detention or juvenile detention facility may do so in the manner prescribed for
32 counties of the first and second classes.
                  [211.342. 1. (1) In coordination with each other, the governing
2bodies of the counties within the same judicial circuit may establish a
3juvenile detention facility to serve the judicial circuit.
4(2) The governing body of each county desiring to coordinate a
5juvenile detention facility under this subsection shall approve an
6ordinance, order, or resolution authorizing a juvenile detention facility
7within one of the counties and shall approve an agreement between all
8counties within the same judicial circuit, as specified by subsection 4 of
9this section.
102. (1) In coordination with each other, the governing bodies of the
11counties in adjoining judicial circuits may establish a juvenile detention
12facility to serve the judicial circuits.
13(2) The governing body of each county desiring to coordinate a
14juvenile detention facility under this subsection shall approve an
15ordinance, order, or resolution authorizing a juvenile detention facility
16within one of the counties and shall approve an agreement between all
17counties within each judicial circuit, as specified by subsection 4 of this
18section.
193. The governing body of each county desiring to coordinate a
20juvenile detention facility under subsection 1 or 2 of this section shall
21notify the presiding judge of the judicial circuit or each judicial circuit of
22the authorization of a juvenile detention facility. The notice shall include
23the authorizing ordinance, order, or resolution of each county and the
CCS SS SCS HCS HBs 2637 & 3155  25
24      approved agreement, as specified in subsection 4 of this section.
254. The agreement that specifies the duties of each county shall
26      contain the following:
27(1) The total cost of establishment and operation of the places of
28      detention;
29(2) The prorated formula for the calculation of each county's
30      contribution to the costs of a juvenile detention facility based upon a ratio
31      of the respective populations of the counties;
32(3) The methods and powers that may be used for constructing,
33      leasing, or financing a juvenile detention facility;
34(4) The use of the sales tax as authorized by subsection 6 of this
35      section; and
36(5) The point of location of the place of juvenile detention facility.
375. Subsection 3 and 4 of section 211.331 shall apply to a juvenile
38      detention facility authorized pursuant to this section. The operation and
39      support of a juvenile detention facility authorized pursuant to this section
40      shall be regulated in accordance with the rules and standards of the
41      Missouri supreme court under the governance of the presiding judge of
42      the judicial circuit. If the counties of adjoining judicial circuits have
43      authorized a juvenile detention facility pursuant to this section, the
44      presiding judges shall jointly govern the affairs of the juvenile detention
45      facility.
466. (1) The counties authorizing a juvenile detention facility
47      pursuant to this section may impose, by order, a sales tax up to one
48      percent on all retail sales made in such counties which are subject to
49      taxation pursuant to the provisions of sections 144.010 to 144.525 for the
50      purpose of providing a juvenile detention facility. The tax authorized by
51      this section shall be in addition to any and all other sales taxes allowed by
52      law, except that no order imposing a sales tax pursuant to this section
53      shall be effective unless the governing body, for each county in the
54      judicial circuit or circuits submits to the voters of the county, on any
55      election date authorized in chapter 115, a proposal to authorize the
56      governing body of the county to impose a tax.
57(2) The ballot of submission shall contain, but need not be limited
58      to, the following language:
59Shall the (counties' names) impose a region-
60wide sales tax of ______ (insert amount) for the
61purpose of providing a juvenile detention facility
62within in the jurisdiction of (judicial circuit's name
 CCS SS SCS HCS HBs 2637 & 3155  26
63or judicial circuits' name)?
64
659 YES  9 NO
66
67If you are in favor of the question, place an
68"X" in the box opposite "YES". If you are opposed
69to the question, place an "X" in the box opposite
70"NO".
71
72
73      If a majority of the votes cast on the proposal by the qualified voters of
74      the county voting thereon are in favor of the proposal, then the order and
75      any amendment to such order shall be in effect on the first day of the
76      second quarter immediately following the election approving the
77      proposal. If the proposal receives less than the required majority, the
78      governing body of the county shall have no power to impose the sales tax
79      authorized pursuant to this section unless and until the governing body
80      of the county shall again have submitted another proposal to authorize
81      the county commission, or authorized body, to impose the sales tax
82      authorized by this section and such proposal is approved by the required
83      majority of the qualified voters of the county commission, or authorized
84      body, voting on such proposal; however, in no event shall a proposal
85      pursuant to this section be submitted to the voters sooner than twelve
86      months from the date of the last submission of a proposal pursuant to this
87      section.
88(3) All revenue received by a county from the tax authorized
89      pursuant to this section shall be deposited in a special trust fund and shall
90      be used solely for providing a juvenile detention facility for children
91      coming within the provisions of this chapter for so long as the tax shall
92      remain in effect.
93(4) Once the tax authorized by this section is abolished or
94      terminated by any means, all funds remaining in the special trust fund
95      shall be used solely for providing a juvenile detention facility for children
96      coming within the provisions of this chapter for the counties. Any funds
97      in such special trust fund which are not needed for current expenditures
98      may be invested by the county commission in accordance with applicable
99      laws relating to the investment of other county funds.
100(5) All sales taxes collected by the director of revenue pursuant to
101      this section on behalf of any county, less one percent for cost of collection
102      which shall be deposited in the state's general revenue fund after payment
 CCS SS SCS HCS HBs 2637 & 3155  27
103of premiums for surety bonds as provided in section 32.087, shall be
104deposited in a special trust fund, which is hereby created, to be known as
105the "Juvenile Detention Facility Sales Tax Trust Fund". The moneys in
106the juvenile detention facility sales tax trust fund shall not be deemed to
107be state funds and shall not be commingled with any funds of the state.
108The director of revenue shall keep accurate records of the amount of
109money in the trust fund which was collected in each county imposing a
110sales tax pursuant to this section, and the records shall be open to the
111inspection of officers of each member county and the public. Not later
112than the tenth day of each month the director of revenue shall distribute
113all moneys deposited in the trust fund during the preceding month to the
114county which levied the tax. Such funds shall be deposited with the
115treasurer of each such county, and all expenditures of funds arising from
116the juvenile detention facility sales tax trust fund shall be paid pursuant
117to an appropriation adopted by the governing body of the county.
118Expenditures may be made from the fund for the function authorized in
119the order adopted by the governing body of the county submitting the
120juvenile detention facility tax to the voters.
121(6) The director of revenue may make refunds from the amounts
122in the trust fund and credited to any county for erroneous payments and
123overpayments made, and may redeem dishonored checks and drafts
124deposited to the credit of such counties. If any county abolishes the tax,
125the governing body of the county shall notify the director of revenue of
126the action at least ninety days prior to the effective date of the repeal, and
127the director of revenue may order retention in the trust fund, for a period
128of one year, of two percent of the amount collected after receipt of such
129notice to cover possible refunds or overpayment of the tax and to redeem
130dishonored checks and drafts deposited to the credit of such accounts.
131After one year has elapsed after the effective date of abolition of the tax
132in such county, the director of revenue shall remit the balance in the
133account to the county and close the account of that county. The director
134of revenue shall notify each county in each instance of any amount
135refunded or any check redeemed from receipts due the county.
136(7) Except as provided in this section, all provisions of sections
13732.085 and 32.087 shall apply to the tax imposed pursuant to this section.]
         211.342. 1. (1) In coordination with each other, the governing bodies of the
2  counties within the same judicial circuit may establish a juvenile detention facility to serve
3  the judicial circuit.
4(2) The governing body of each county desiring to coordinate a juvenile detention
5  facility under this subsection shall approve an ordinance, order, or resolution authorizing
6  a juvenile detention facility within one of the counties and shall approve an agreement
CCS SS SCS HCS HBs 2637 & 3155  28
7 between all counties within the same judicial circuit, as specified by subsection 4 of this
8 section.
92. (1) In coordination with each other, the governing bodies of the counties in
10 adjoining judicial circuits may establish a juvenile detention facility to serve the judicial
11 circuits.
12(2) The governing body of each county desiring to coordinate a juvenile detention
13 facility under this subsection shall approve an ordinance, order, or resolution authorizing
14 a juvenile detention facility within one of the counties and shall approve an agreement
15 between all counties within each judicial circuit, as specified by subsection 4 of this section.
163. The governing body of each county desiring to coordinate a juvenile detention
17 facility under subsection 1 or 2 of this section shall notify the presiding judge of the judicial
18 circuit or each judicial circuit of the authorization of a juvenile detention facility. The
19 notice shall include the authorizing ordinance, order, or resolution of each county and the
20 approved agreement, as specified in subsection 4 of this section.
214. The agreement that specifies the duties of each county shall contain the
22 following:
23(1) The total cost of establishment and operation of the places of detention;
24(2) The prorated formula for the calculation of each county's contribution to the
25 costs of a juvenile detention facility based upon a ratio of the respective populations of the
26 counties;
27(3) The methods and powers that may be used for constructing, leasing, or
28 financing a juvenile detention facility;
29(4) The use of the sales tax as authorized by subsection 6 of this section; and
30(5) The point of location of the place of a juvenile detention facility.
315. Subsections 3 and 4 of section 211.331 shall apply to a juvenile detention facility
32 authorized pursuant to this section. The operation and support of a juvenile detention
33 facility authorized pursuant to this section shall be regulated in accordance with the rules
34 and standards of the Missouri supreme court under the governance of the presiding judge
35 of the judicial circuit. If the counties of adjoining judicial circuits have authorized a
36 juvenile detention facility pursuant to this section, the presiding judges shall jointly govern
37 the affairs of the juvenile detention facility.
386. (1) The counties authorizing a juvenile detention facility pursuant to this section
39 may impose, by order, a sales tax up to one percent on all retail sales made in such counties
40 which are subject to taxation pursuant to the provisions of sections 144.010 to 144.525 for
41 the purpose of providing a juvenile detention facility. The tax authorized by this section
42 shall be in addition to any and all other sales taxes allowed by law, except that no order
43 imposing a sales tax pursuant to this section shall be effective unless the governing body,
CCS SS SCS HCS HBs 2637 & 3155  29
44 for each county in the judicial circuit or circuits submits to the voters of the county, on any
45 election date authorized in chapter 115, a proposal to authorize the governing body of the
46 county to impose a tax.
47(2) The ballot of submission shall contain, but need not be limited to, the following
48 language:
49      Shall the (counties' names) impose a region-wide sales tax of ______
50      (insert amount) for the purpose of providing a juvenile detention
51      facility within the jurisdiction of (judicial circuit's name or judicial
52      circuits' names)?
539 YES  9 NO
54      If you are in favor of the question, place an "X" in the box opposite
55      "YES". If you are opposed to the question, place an "X" in the box
56      opposite "NO".
57
58 If a majority of the votes cast on the proposal by the qualified voters of the county voting
59 thereon are in favor of the proposal, then the order and any amendment to such order shall
60 be in effect on the first day of the second quarter immediately following the election
61 approving the proposal. If the proposal receives less than the required majority, the
62 governing body of the county shall have no power to impose the sales tax authorized
63 pursuant to this section unless and until the governing body of the county shall again have
64 submitted another proposal to authorize the county commission, or authorized body, to
65 impose the sales tax authorized by this section and such proposal is approved by the
66 required majority of the qualified voters of the county commission, or authorized body,
67 voting on such proposal; however, in no event shall a proposal pursuant to this section be
68 submitted to the voters sooner than twelve months from the date of the last submission of
69 a proposal pursuant to this section.
70(3) All revenue received by a county from the tax authorized pursuant to this
71 section shall be deposited in a special trust fund and shall be used solely for providing a
72 juvenile detention facility for children coming within the provisions of this chapter for so
73 long as the tax shall remain in effect.
74(4) Once the tax authorized by this section is abolished or terminated by any
75 means, all funds remaining in the special trust fund shall be used solely for providing a
76 juvenile detention facility for children coming within the provisions of this chapter for the
77 counties. Any funds in such special trust fund which are not needed for current
 CCS SS SCS HCS HBs 2637 & 3155  30
 78 expenditures may be invested by the county commission in accordance with applicable
 79 laws relating to the investment of other county funds.
80(5) All sales taxes collected by the director of revenue pursuant to this section on
 81 behalf of any county, less one percent for cost of collection which shall be deposited in the
 82 state's general revenue fund after payment of premiums for surety bonds as provided in
 83 section 32.087, shall be deposited in a special trust fund, which is hereby created, to be
 84 known as the "Juvenile Detention Facility Sales Tax Trust Fund". The moneys in the
 85 juvenile detention facility sales tax trust fund shall not be deemed to be state funds and
 86 shall not be commingled with any funds of the state. The director of revenue shall keep
 87 accurate records of the amount of money in the trust fund which was collected in each
 88 county imposing a sales tax pursuant to this section, and the records shall be open to the
 89 inspection of officers of each member county and the public. Not later than the tenth day
 90 of each month the director of revenue shall distribute all moneys deposited in the trust
 91 fund during the preceding month to the county which levied the tax. Such funds shall be
 92 deposited with the treasurer of each such county, and all expenditures of funds arising
 93 from the juvenile detention facility sales tax trust fund shall be paid pursuant to an
 94 appropriation adopted by the governing body of the county. Expenditures may be made
 95 from the fund for the function authorized in the order adopted by the governing body of
 96 the county submitting the juvenile detention facility tax to the voters.
97(6) The director of revenue may make refunds from the amounts in the trust fund
 98 and credited to any county for erroneous payments and overpayments made, and may
 99 redeem dishonored checks and drafts deposited to the credit of such counties. If any
100 county abolishes the tax, the governing body of the county shall notify the director of
101 revenue of the action at least ninety days prior to the effective date of the repeal, and the
102 director of revenue may order retention in the trust fund, for a period of one year, of two
103 percent of the amount collected after receipt of such notice to cover possible refunds or
104 overpayment of the tax and to redeem dishonored checks and drafts deposited to the credit
105 of such accounts. After one year has elapsed after the effective date of abolition of the tax
106 in such county, the director of revenue shall remit the balance in the account to the county
107 and close the account of that county. The director of revenue shall notify each county in
108 each instance of any amount refunded or any check redeemed from receipts due the
109 county.
110(7) Except as provided in this section, all provisions of sections 32.085 and 32.087
111 shall apply to the tax imposed pursuant to this section.
                [217.362. 1. The department of corrections shall design and
2implement an intensive long-term program for the treatment of chronic
3nonviolent offenders with serious substance abuse addictions who have not
CCS SS SCS HCS HBs 2637 & 3155  31
4[pleaded] pled guilty to or been convicted of a dangerous felony as defined in
5section 556.061.
62. Prior to sentencing, any judge considering an offender for this
7program shall notify the department. The potential candidate for the program
8shall be screened by the department to determine eligibility. The department
9shall, by regulation, establish eligibility criteria and inform the court of such
10criteria. The department shall notify the court as to the offender's eligibility
11and the availability of space in the program. Notwithstanding any other
12provision of law to the contrary, except as provided for in section 558.019, if
13an offender is eligible and there is adequate space, the court may sentence a
14person to the program which shall consist of institutional drug or alcohol
15treatment for a period of at least twelve and no more than twenty-four months,
16as well as a term of incarceration. The department shall determine the nature,
17intensity, duration, and completion criteria of the education, treatment, and
18aftercare portions of any program services provided. Execution of the
19offender's term of incarceration shall be suspended pending completion of said
20program. Allocation of space in the program may be distributed by the
21department in proportion to drug arrest patterns in the state. If the court is
22advised that an offender is not eligible or that there is no space available, the
23court shall consider other authorized dispositions.
243. Upon successful completion of the program, the division of
25probation and parole shall advise the sentencing court of an offender's
26probationary release date thirty days prior to release. If the court determines
27that probation is not appropriate the court may order the execution of the
28offender's sentence.
294. If it is determined by the department that the offender has not
30successfully completed the program, or that the offender is not cooperatively
31participating in the program, the offender shall be removed from the program
32and the court shall be advised. Failure of an offender to complete the program
33shall cause the offender to serve the sentence prescribed by the court and void
34the right to be considered for probation on this sentence.
35[5. An offender's first incarceration in a department of corrections
36program pursuant to this section prior to release on probation shall not be
37considered a previous prison commitment for the purpose of determining a
38minimum prison term pursuant to the provisions of section 558.019.]]
        217.362. 1. The department of corrections shall design and implement an intensive
2  long-term program for the treatment of chronic nonviolent offenders with serious substance
3  abuse addictions who have not [pleaded] pled guilty to or been convicted of a dangerous felony
4  as defined in section 556.061.
52. Prior to sentencing, any judge considering an offender for this program shall notify
6  the department. The potential candidate for the program shall be screened by the department to
7  determine eligibility. The department shall, by regulation, establish eligibility criteria and
CCS SS SCS HCS HBs 2637 & 3155  32
8 inform the court of such criteria. The department shall notify the court as to the offender's
9 eligibility and the availability of space in the program. Notwithstanding any other provision of
10 law to the contrary, except as provided for in section 558.019, if an offender is eligible and there
11 is adequate space, the court may sentence a person to the program which shall consist of
12 institutional drug or alcohol treatment for a period of at least twelve and no more than twenty-
13 four months, as well as a term of incarceration. The department shall determine the nature,
14 intensity, duration, and completion criteria of the education, treatment, and aftercare portions
15 of any program services provided. Execution of the offender's term of incarceration shall be
16 suspended pending completion of said program. Allocation of space in the program may be
17 distributed by the department in proportion to drug arrest patterns in the state. If the court is
18 advised that an offender is not eligible or that there is no space available, the court shall consider
19 other authorized dispositions.
203. Upon successful completion of the program, the division of probation and parole shall
21 advise the sentencing court of an offender's probationary release date thirty days prior to release.
22 If the court determines that probation is not appropriate the court may order the execution of the
23 offender's sentence.
244. If it is determined by the department that the offender has not successfully completed
25 the program, or that the offender is not cooperatively participating in the program, the offender
26 shall be removed from the program and the court shall be advised. Failure of an offender to
27 complete the program shall cause the offender to serve the sentence prescribed by the court and
28 void the right to be considered for probation on this sentence.
29[5. An offender's first incarceration in a department of corrections program pursuant to
30 this section prior to release on probation shall not be considered a previous prison commitment
31 for the purpose of determining a minimum prison term pursuant to the provisions of section
32 558.019.]
                     [217.690. 1. All releases or paroles shall issue upon order of the
2parole board, duly adopted.
32. Before ordering the parole of any offender, the parole board shall
4conduct a validated risk and needs assessment and evaluate the case under the
5rules governing parole that are promulgated by the parole board. The parole
6board shall then have the offender appear before a hearing panel and shall
7conduct a personal interview with him or her, unless waived by the offender,
8or if the guidelines indicate the offender may be paroled without need for an
9interview. The guidelines and rules shall not allow for the waiver of a hearing
10if a victim requests a hearing. The appearance or presence may occur by
11means of a videoconference at the discretion of the parole board. A parole
12may be ordered for the best interest of society when there is a reasonable
13probability, based on the risk assessment and indicators of release readiness,
14that the person can be supervised under parole supervision and successfully
CCS SS SCS HCS HBs 2637 & 3155  33
15      reintegrated into the community, not as an award of clemency; it shall not be
16      considered a reduction of sentence or a pardon. Every offender while on
17      parole shall remain in the legal custody of the department but shall be subject
18      to the orders of the parole board.
193. The division of probation and parole has discretionary authority to
20      require the payment of a fee, not to exceed sixty dollars per month, from every
21      offender placed under division supervision on probation, parole, or conditional
22      release, to waive all or part of any fee, to sanction offenders for willful
23      nonpayment of fees, and to contract with a private entity for fee collections
24      services. All fees collected shall be deposited in the inmate fund established
25      in section 217.430. Fees collected may be used to pay the costs of contracted
26      collections services. The fees collected may otherwise be used to provide
27      community corrections and intervention services for offenders. Such services
28      include substance abuse assessment and treatment, mental health assessment
29      and treatment, electronic monitoring services, residential facilities services,
30      employment placement services, and other offender community corrections
31      or intervention services designated by the division of probation and parole to
32      assist offenders to successfully complete probation, parole, or conditional
33      release. The division of probation and parole shall adopt rules not inconsistent
34      with law, in accordance with section 217.040, with respect to sanctioning
35      offenders and with respect to establishing, waiving, collecting, and using fees.
364. The parole board shall adopt rules not inconsistent with law, in
37      accordance with section 217.040, with respect to the eligibility of offenders
38      for parole, the conduct of parole hearings or conditions to be imposed upon
39      paroled offenders. Whenever an order for parole is issued it shall recite the
40      conditions of such parole.
415. When considering parole for an offender with consecutive
42      sentences, the minimum term for eligibility for parole shall be calculated by
43      adding the minimum terms for parole eligibility for each of the consecutive
44      sentences, except the minimum term for parole eligibility shall not exceed the
45      minimum term for parole eligibility for an ordinary life sentence.
466. Any offender sentenced to a term of imprisonment amounting to
47      fifteen years or more or multiple terms of imprisonment that, taken together,
48      amount to fifteen or more years who was under eighteen years of age at the
49      time of the commission of the offense or offenses may be eligible for parole
50      after serving fifteen years of incarceration, regardless of whether the case is
51      final for the purposes of appeal, and may be eligible for reconsideration
52      hearings in accordance with regulations promulgated by the parole board.
537. The provisions of subsection 6 of this section shall not apply to an
54      offender found guilty of capital murder, murder in the first degree or murder
55      in the second degree, when murder in the second degree is committed
56      pursuant to subdivision (1) of subsection 1 of section 565.021, who was under
57      eighteen years of age when the offender committed the offense or offenses
58      who may be found ineligible for parole or whose parole eligibility may be
 CCS SS SCS HCS HBs 2637 & 3155  34
59      controlled by section 558.047 or 565.033.
608. Any offender under a sentence for first degree murder who has been
61      denied release on parole after a parole hearing shall not be eligible for another
62      parole hearing until at least three years from the month of the parole denial;
63      however, this subsection shall not prevent a release pursuant to subsection [4]
64      7 of section 558.011.
659. A victim who has requested an opportunity to be heard shall receive
66      notice that the parole board is conducting an assessment of the offender's risk
67      and readiness for release and that the victim's input will be particularly helpful
68      when it pertains to safety concerns and specific protective measures that may
69      be beneficial to the victim should the offender be granted release.
7010. Parole hearings shall, at a minimum, contain the following
71      procedures:
72(1) The victim or person representing the victim who attends a hearing
73      may be accompanied by one other person;
74(2) The victim or person representing the victim who attends a hearing
75      shall have the option of giving testimony in the presence of the inmate or to
76      the hearing panel without the inmate being present;
77(3) The victim or person representing the victim may call or write the
78      parole board rather than attend the hearing;
79(4) The victim or person representing the victim may have a personal
80      meeting with a parole board member at the parole board's central office;
81(5) The judge, prosecuting attorney or circuit attorney and a
82      representative of the local law enforcement agency investigating the crime
83      shall be allowed to attend the hearing or provide information to the hearing
84      panel in regard to the parole consideration; and
85(6) The parole board shall evaluate information listed in the juvenile
86      sex offender registry pursuant to section 211.425, provided the offender is
87      between the ages of seventeen and twenty-one, as it impacts the safety of the
88      community.
8911. The parole board shall notify any person of the results of a parole
90      eligibility hearing if the person indicates to the parole board a desire to be
91      notified.
9212. The parole board may, at its discretion, require any offender
93      seeking parole to meet certain conditions during the term of that parole so
94      long as said conditions are not illegal or impossible for the offender to
95      perform. These conditions may include an amount of restitution to the state
96      for the cost of that offender's incarceration.
9713. Special parole conditions shall be responsive to the assessed risk
98      and needs of the offender or the need for extraordinary supervision, such as
99      electronic monitoring. The parole board shall adopt rules to minimize the
100      conditions placed on low-risk cases, to frontload conditions upon release, and
101      to require the modification and reduction of conditions based on the person's
102      continuing stability in the community. Parole board rules shall permit parole
 CCS SS SCS HCS HBs 2637 & 3155  35
103conditions to be modified by parole officers with review and approval by
104supervisors.
10514. Nothing contained in this section shall be construed to require the
106release of an offender on parole nor to reduce the sentence of an offender
107heretofore committed.
10815. Beginning January 1, 2001, the parole board shall not order a
109parole unless the offender has obtained a high school diploma or its
110equivalent, or unless the parole board is satisfied that the offender, while
111committed to the custody of the department, has made an honest good-faith
112effort to obtain a high school diploma or its equivalent; provided that the
113director may waive this requirement by certifying in writing to the parole
114board that the offender has actively participated in mandatory education
115programs or is academically unable to obtain a high school diploma or its
116equivalent.
11716. Any rule or portion of a rule, as that term is defined in section
118536.010, that is created under the authority delegated in this section shall
119become effective only if it complies with and is subject to all of the provisions
120of chapter 536 and, if applicable, section 536.028. This section and chapter
121536 are nonseverable and if any of the powers vested with the general
122assembly pursuant to chapter 536 to review, to delay the effective date, or to
123disapprove and annul a rule are subsequently held unconstitutional, then the
124grant of rulemaking authority and any rule proposed or adopted after August
12528, 2005, shall be invalid and void.
12617. When concurrent sentences are imposed by a court, the person
127shall serve the minimum required percentage for the longest sentence
128prior to parole eligibility.]
         217.690. 1. All releases or paroles shall issue upon order of the parole board, duly
2 adopted.
32. Before ordering the parole of any offender, the parole board shall conduct a validated
4 risk and needs assessment and evaluate the case under the rules governing parole that are
5 promulgated by the parole board. The parole board shall then have the offender appear before
6 a hearing panel and shall conduct a personal interview with him or her, unless waived by the
7 offender, or if the guidelines indicate the offender may be paroled without need for an interview.
8 The guidelines and rules shall not allow for the waiver of a hearing if a victim requests a hearing.
9 The appearance or presence may occur by means of a videoconference at the discretion of the
10 parole board. A parole may be ordered for the best interest of society when there is a reasonable
11 probability, based on the risk assessment and indicators of release readiness, that the person can
12 be supervised under parole supervision and successfully reintegrated into the community, not
13 as an award of clemency; it shall not be considered a reduction of sentence or a pardon. Every
14 offender while on parole shall remain in the legal custody of the department but shall be subject
15 to the orders of the parole board.
CCS SS SCS HCS HBs 2637 & 3155  36
163. The division of probation and parole has discretionary authority to require the
17 payment of a fee, not to exceed sixty dollars per month, from every offender placed under
18 division supervision on probation, parole, or conditional release, to waive all or part of any fee,
19 to sanction offenders for willful nonpayment of fees, and to contract with a private entity for fee
20 collections services. All fees collected shall be deposited in the inmate fund established in
21 section 217.430. Fees collected may be used to pay the costs of contracted collections services.
22 The fees collected may otherwise be used to provide community corrections and intervention
23 services for offenders. Such services include substance abuse assessment and treatment, mental
24 health assessment and treatment, electronic monitoring services, residential facilities services,
25 employment placement services, and other offender community corrections or intervention
26 services designated by the division of probation and parole to assist offenders to successfully
27 complete probation, parole, or conditional release. The division of probation and parole shall
28 adopt rules not inconsistent with law, in accordance with section 217.040, with respect to
29 sanctioning offenders and with respect to establishing, waiving, collecting, and using fees.
304. The parole board shall adopt rules not inconsistent with law, in accordance with
31 section 217.040, with respect to the eligibility of offenders for parole, the conduct of parole
32 hearings or conditions to be imposed upon paroled offenders. Whenever an order for parole is
33 issued it shall recite the conditions of such parole.
345. When considering parole for an offender with consecutive sentences, the minimum
35 term for eligibility for parole shall be calculated by adding the minimum terms for parole
36 eligibility for each of the consecutive sentences, except the minimum term for parole eligibility
37 shall not exceed the minimum term for parole eligibility for an ordinary life sentence.
386. Any offender sentenced to a term of imprisonment amounting to fifteen years or more
39 or multiple terms of imprisonment that, taken together, amount to fifteen or more years who was
40 under eighteen years of age at the time of the commission of the offense or offenses may be
41 eligible for parole after serving fifteen years of incarceration, regardless of whether the case is
42 final for the purposes of appeal, and may be eligible for reconsideration hearings in accordance
43 with regulations promulgated by the parole board.
447. The provisions of subsection 6 of this section shall not apply to an offender found
45 guilty of capital murder, murder in the first degree or murder in the second degree, when murder
46 in the second degree is committed pursuant to subdivision (1) of subsection 1 of section 565.021,
47 who was under eighteen years of age when the offender committed the offense or offenses who
48 may be found ineligible for parole or whose parole eligibility may be controlled by section
49 558.047 or 565.033.
508. Any offender under a sentence for first degree murder who has been denied release
51 on parole after a parole hearing shall not be eligible for another parole hearing until at least three
CCS SS SCS HCS HBs 2637 & 3155  37
52 years from the month of the parole denial; however, this subsection shall not prevent a release
53 pursuant to subsection [4] 7 of section 558.011.
549. A victim who has requested an opportunity to be heard shall receive notice that the
55 parole board is conducting an assessment of the offender's risk and readiness for release and that
56 the victim's input will be particularly helpful when it pertains to safety concerns and specific
57 protective measures that may be beneficial to the victim should the offender be granted release.
5810. Parole hearings shall, at a minimum, contain the following procedures:
59(1) The victim or person representing the victim who attends a hearing may be
60 accompanied by one other person;
61(2) The victim or person representing the victim who attends a hearing shall have the
62 option of giving testimony in the presence of the inmate or to the hearing panel without the
63 inmate being present;
64(3) The victim or person representing the victim may call or write the parole board rather
65 than attend the hearing;
66(4) The victim or person representing the victim may have a personal meeting with a
67 parole board member at the parole board's central office;
68(5) The judge, prosecuting attorney or circuit attorney and a representative of the local
69 law enforcement agency investigating the crime shall be allowed to attend the hearing or provide
70 information to the hearing panel in regard to the parole consideration; and
71(6) The parole board shall evaluate information listed in the juvenile sex offender
72 registry pursuant to section 211.425, provided the offender is between the ages of seventeen and
73 twenty-one, as it impacts the safety of the community.
7411. The parole board shall notify any person of the results of a parole eligibility hearing
75 if the person indicates to the parole board a desire to be notified.
7612. The parole board may, at its discretion, require any offender seeking parole to meet
77 certain conditions during the term of that parole so long as said conditions are not illegal or
78 impossible for the offender to perform. These conditions may include an amount of restitution
79 to the state for the cost of that offender's incarceration.
8013. Special parole conditions shall be responsive to the assessed risk and needs of the
81 offender or the need for extraordinary supervision, such as electronic monitoring. The parole
82 board shall adopt rules to minimize the conditions placed on low-risk cases, to frontload
83 conditions upon release, and to require the modification and reduction of conditions based on
84 the person's continuing stability in the community. Parole board rules shall permit parole
85 conditions to be modified by parole officers with review and approval by supervisors.
8614. Nothing contained in this section shall be construed to require the release of an
87 offender on parole nor to reduce the sentence of an offender heretofore committed.
 CCS SS SCS HCS HBs 2637 & 3155  38
8815. Beginning January 1, 2001, the parole board shall not order a parole unless the
89 offender has obtained a high school diploma or its equivalent, or unless the parole board is
90 satisfied that the offender, while committed to the custody of the department, has made an honest
91 good-faith effort to obtain a high school diploma or its equivalent; provided that the director may
92 waive this requirement by certifying in writing to the parole board that the offender has actively
93 participated in mandatory education programs or is academically unable to obtain a high school
94 diploma or its equivalent.
9516. Any rule or portion of a rule, as that term is defined in section 536.010, that is
96 created under the authority delegated in this section shall become effective only if it complies
97 with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.
98 This section and chapter 536 are nonseverable and if any of the powers vested with the general
99 assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and
100 annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and
101 any rule proposed or adopted after August 28, 2005, shall be invalid and void.
10217. When concurrent sentences are imposed by a court, the person shall serve the
103 minimum required percentage for the longest sentence prior to parole eligibility.
104[217.760. 1. In all felony cases and class A misdemeanor cases, the
105basis of which misdemeanor cases are contained in chapters 565 and 566 and
106section 577.023, at the request of a [circuit] sentencing judge of any circuit
107court, the division of probation and parole shall assign one or more state
108probation and parole officers to make an investigation of the person convicted
109of the crime or offense before sentence is imposed. In all felony cases in
110which the recommended sentence established by the sentencing advisory
111commission pursuant to subsection [7] 1 of section 558.019 includes probation
112but the recommendation of the prosecuting attorney or circuit attorney does
113not include probation, the division of probation and parole shall, prior to
114sentencing, provide the judge with a report on available alternatives to
115incarceration. If a presentence investigation report is completed then the
116available alternatives shall be included in the presentence investigation report.
1172. The report of the presentence investigation or preparole
118investigation shall contain any prior criminal record of the defendant and such
119information about his or her characteristics, his or her financial condition, his
120or her social history, the circumstances affecting his or her behavior as may
121be helpful in imposing sentence or in granting probation or in the correctional
122treatment of the defendant, information concerning the impact of the crime
123upon the victim, the recommended sentence established by the sentencing
124advisory commission and available alternatives to incarceration including
125opportunities for restorative justice, as well as a recommendation by the
126probation and parole officer. The officer shall secure such other information
127as may be required by the court and, whenever it is practicable and needed,
 CCS SS SCS HCS HBs 2637 & 3155  39
128such investigation shall include a physical and mental examination of the
129defendant.]
         217.760. 1. In all felony cases and class A misdemeanor cases, the basis of which
2  misdemeanor cases are contained in chapters 565 and 566 and section 577.023, at the request
3  of a [circuit] sentencing judge of any circuit court, the division of probation and parole shall
4  assign one or more state probation and parole officers to make an investigation of the person
5  convicted of the crime or offense before sentence is imposed. In all felony cases in which the
6  recommended sentence established by the sentencing advisory commission pursuant to
7  subsection [7] 1 of section 558.019 includes probation but the recommendation of the
8  prosecuting attorney or circuit attorney does not include probation, the division of probation and
9  parole shall, prior to sentencing, provide the judge with a report on available alternatives to
10  incarceration. If a presentence investigation report is completed then the available alternatives
11  shall be included in the presentence investigation report.
122. The report of the presentence investigation or preparole investigation shall contain
13  any prior criminal record of the defendant and such information about his or her characteristics,
14  his or her financial condition, his or her social history, the circumstances affecting his or her
15  behavior as may be helpful in imposing sentence or in granting probation or in the correctional
16  treatment of the defendant, information concerning the impact of the crime upon the victim, the
17  recommended sentence established by the sentencing advisory commission and available
18  alternatives to incarceration including opportunities for restorative justice, as well as a
19  recommendation by the probation and parole officer. The officer shall secure such other
20  information as may be required by the court and, whenever it is practicable and needed, such
21  investigation shall include a physical and mental examination of the defendant.
         455.050. 1. Any full or ex parte order of protection granted pursuant to sections 455.010
2  to 455.085 shall be to protect the petitioner from cyberstalking, domestic violence, stalking, or
3  sexual assault and may include such terms as the court reasonably deems necessary to ensure
4  the petitioner's safety, including but not limited to:
5(1) Temporarily enjoining the respondent from committing or threatening to commit
6  cyberstalking, domestic violence, molesting, stalking, sexual assault, or disturbing the peace
7  of the petitioner, including violence against a pet;
8(2) Temporarily enjoining the respondent from entering the premises of the dwelling unit
9  of the petitioner when the dwelling unit is:
10(a) Jointly owned, leased or rented or jointly occupied by both parties; or
11(b) Owned, leased, rented or occupied by petitioner individually; or
12(c) Jointly owned, leased, rented or occupied by petitioner and a person other than
13  respondent; provided, however, no spouse shall be denied relief pursuant to this section by
14  reason of the absence of a property interest in the dwelling unit; or
CCS SS SCS HCS HBs 2637 & 3155  40
15(d) Jointly occupied by the petitioner and a person other than respondent; provided that
16 the respondent has no property interest in the dwelling unit; or
17(3) Temporarily enjoining the respondent from communicating with the petitioner in any
18 manner or through any medium.
192. Mutual orders of protection are prohibited unless both parties have properly filed
20 written petitions and proper service has been made in accordance with sections 455.010 to
21 455.085.
223. When the court has, after a hearing for any full order of protection, issued an order
23 of protection, it may, in addition:
24(1) Award custody of any minor child born to or adopted by the parties when the court
25 has jurisdiction over such child and no prior order regarding custody is pending or has been
26 made, and the best interests of the child require such order be issued;
27(2) Establish a visitation schedule that is in the best interests of the child;
28(3) Award child support in accordance with supreme court rule 88.01 and chapter 452;
29(4) Award maintenance to petitioner when petitioner and respondent are lawfully
30 married in accordance with chapter 452;
31(5) Order respondent to make or to continue to make rent or mortgage payments on a
32 residence occupied by the petitioner if the respondent is found to have a duty to support the
33 petitioner or other dependent household members;
34(6) Order the respondent to pay the petitioner's rent at a residence other than the one
35 previously shared by the parties if the respondent is found to have a duty to support the
36 petitioner and the petitioner requests alternative housing;
37(7) Order that the petitioner be given temporary possession of specified personal
38 property, such as automobiles, checkbooks, keys, and other personal effects;
39(8) Prohibit the respondent from transferring, encumbering, or otherwise disposing of
40 specified property mutually owned or leased by the parties;
41(9) Order the respondent to participate in a court-approved counseling program designed
42 to help batterers stop violent behavior or to participate in a substance abuse treatment program;
43(10) Order the respondent to pay a reasonable fee for housing and other services that
44 have been provided or that are being provided to the petitioner by a shelter for victims of
45 domestic violence;
46(11) Order the respondent to pay court costs;
47(12) Order the respondent to pay the cost of medical treatment and services that have
48 been provided or that are being provided to the petitioner as a result of injuries sustained to the
49 petitioner by an act of domestic violence committed by the respondent;
50(13) Award possession and care of any pet, along with any moneys necessary to cover
51 medical costs that may have resulted from abuse of the pet.
CCS SS SCS HCS HBs 2637 & 3155  41
524. A verified petition seeking orders for maintenance, support, custody, visitation,
53 payment of rent, payment of monetary compensation, possession of personal property,
54 prohibiting the transfer, encumbrance, or disposal of property, or payment for services of a
55 shelter for victims of domestic violence, shall contain allegations relating to those orders and
56 shall pray for the orders desired.
575. In making an award of custody, the court shall consider all relevant factors including
58 the presumption that the best interests of the child will be served by placing the child in the
59 custody and care of the nonabusive parent, unless there is evidence that both parents have
60 engaged in abusive behavior, in which case the court shall not consider this presumption but may
61 appoint a guardian ad litem or a court-appointed special advocate to represent the children in
62 accordance with chapter 452 and shall consider all other factors in accordance with chapter 452.
636. The court shall grant to the noncustodial parent rights to visitation with any minor
64 child born to or adopted by the parties, unless the court finds, after hearing, that visitation would
65 endanger the child's physical health, impair the child's emotional development or would
66 otherwise conflict with the best interests of the child, or that no visitation can be arranged which
67 would sufficiently protect the custodial parent from further domestic violence. The court may
68 appoint a guardian ad litem or court-appointed special advocate to represent the minor child in
69 accordance with chapter 452 whenever the custodial parent alleges that visitation with the
70 noncustodial parent will damage the minor child.
717. The court shall make an order requiring the noncustodial party to pay an amount
72 reasonable and necessary for the support of any child to whom the party owes a duty of support
73 when no prior order of support is outstanding and after all relevant factors have been considered,
74 in accordance with Missouri supreme court rule 88.01 and chapter 452.
758. The court may grant a maintenance order to a party for a period of time, not to exceed
76 one hundred eighty days. Any maintenance ordered by the court shall be in accordance with
77 chapter 452.
789. (1) The court may, in order to ensure that a petitioner can maintain an existing
79 wireless telephone number or numbers, issue an order, after notice and an opportunity to be
80 heard, directing a wireless service provider to transfer the billing responsibility for and rights
81 to the wireless telephone number or numbers to the petitioner, if the petitioner is not the wireless
82 service accountholder.
83(2) (a) The order transferring billing responsibility for and rights to the wireless
84 telephone number or numbers to the petitioner shall list the name and billing telephone number
85 of the accountholder, the name and contact information of the person to whom the telephone
86 number or numbers will be transferred, and each telephone number to be transferred to that
87 person. The court shall ensure that the contact information of the petitioner is not provided to
88 the accountholder in proceedings held under this chapter.
 CCS SS SCS HCS HBs 2637 & 3155  42
89(b) Upon issuance, a copy of the full order of protection shall be transmitted, either
90 electronically or by certified mail, to the wireless service provider's registered agent listed with
91 the secretary of state, or electronically to the email address provided by the wireless service
92 provider. Such transmittal shall constitute adequate notice for the wireless service provider
93 acting under this section and section 455.523.
94(c) If the wireless service provider cannot operationally or technically effectuate the
95 order due to certain circumstances, the wireless service provider shall notify the petitioner within
96 three business days. Such circumstances shall include, but not be limited to, the following:
97a. The accountholder has already terminated the account;
98b. The differences in network technology prevent the functionality of a device on the
99 network; or
100c. There are geographic or other limitations on network or service availability.
101(3) (a) Upon transfer of billing responsibility for and rights to a wireless telephone
102 number or numbers to the petitioner under this subsection by a wireless service provider, the
103 petitioner shall assume all financial responsibility for the transferred wireless telephone number
104 or numbers, monthly service costs, and costs for any mobile device associated with the wireless
105 telephone number or numbers.
106(b) This section shall not preclude a wireless service provider from applying any routine
107 and customary requirements for account establishment to the petitioner as part of this transfer
108 of billing responsibility for a wireless telephone number or numbers and any devices attached
109 to that number or numbers including, but not limited to, identification, financial information, and
110 customer preferences.
111(4) This section shall not affect the ability of the court to apportion the assets and debts
112 of the parties as provided for in law, or the ability to determine the temporary use, possession,
113 and control of personal property.
114(5) No cause of action shall lie against any wireless service provider, its officers,
115 employees, or agents, for actions taken in accordance with the terms of a court order issued
116 under this section.
117(6) As used in this section and section 455.523, a "wireless service provider" means a
118 provider of commercial mobile service under Section 332(d) of the Federal
119 [Telecommunications Act of 1996] Communications Act of 1934 (47 U.S.C. Section [151, et
120 seq.] 332).
          455.098. 1. Upon the request of the victim or the prosecuting or circuit attorney,
2  a court shall have jurisdiction at the time of sentencing to enter a lifetime protection order
3  restraining or enjoining the defendant from contacting the victim if the defendant has been
4  found guilty of a dangerous felony, as defined in section 556.061. The protection order
5  shall be effective immediately and shall be served on the defendant at the time of
CCS SS SCS HCS HBs 2637 & 3155  43
6 sentencing. An order issued pursuant to this section shall not expire and is valid for the
7 defendant's lifetime unless:
8(1) The defendant makes a showing to the court that the victim has died or the
9 conviction has been dismissed, expunged, or overturned or the defendant has been
10 pardoned; or
11(2) The victim submits a written request to the court for an early expiration upon
12 which the court may hold a hearing to terminate the order.
132. A copy of any order of protection granted pursuant to this section shall be issued
14 to the victim and to the local law enforcement agency in the jurisdiction where the victim
15 resides. The court shall provide all necessary information, including the defendant's
16 relationship to the victim, for entry of the order of protection into the Missouri Uniform
17 Law Enforcement System (MULES) and the National Crime Information Center (NCIC).
18 Upon receiving the order under this subsection, the sheriff shall make the entry into
19 MULES within twenty-four hours. MULES shall forward the order information to NCIC,
20 which will in turn make the order viewable within the National Instant Criminal
21 Background Check System (NICS). The sheriff shall enter information contained in the
22 order, including, but not limited to, any orders regarding child custody or visitation and
23 all specifics as to times and dates of custody or visitation that are provided in the order.
24 A notice of termination of any order of protection or any change in child custody or
25 visitation within that order shall be issued to the local law enforcement agency for entry
26 into MULES or any other comparable law enforcement system. The information
27 contained in an order of protection may be entered into MULES or any other comparable
28 law enforcement system using a direct automated data transfer from the court automated
29 system to the law enforcement system.
        527.270. 1. Hereafter every person desiring to change his or her name may present a
2 petition to that effect, verified by affidavit, to the circuit court in the county of the petitioner's
3 residence, which petition shall set forth the petitioner's full name, the new name desired, and a
4 concise statement of the reason for such desired change; and it shall be the duty of the judge of
5 such court to order such change to be made, and spread upon the records of the court, in proper
6 form, if such judge is satisfied that the desired change would be proper and not detrimental to
7 the interests of any other person.
82. Notwithstanding subsection 1 of this section, no person required to register
9 under sections 589.400 to 589.425 shall change his or her name for the period of time he
10 or she is required to register on the registry.
        544.667. In addition to the forfeiture of any security which was given or pledged
2 for a person's release, any person who, having been released upon a recognizance or bond
3 pursuant to any other provisions of law while pending preliminary hearing, trial,
 CCS SS SCS HCS HBs 2637 & 3155  44
 4 sentencing, appeal, probation or parole revocation, or any other stage of a criminal matter
 5 against him or her, knowingly violates any condition of release that imposes no contact
 6 with specific individuals shall be guilty of a class A misdemeanor.
      556.061. In this code, unless the context requires a different definition, the following
 2 terms shall mean:
3(1) "Access", to instruct, communicate with, store data in, retrieve or extract data from,
 4 or otherwise make any use of any resources of, a computer, computer system, or computer
 5 network;
6(2) "Affirmative defense":
7(a) The defense referred to is not submitted to the trier of fact unless supported by
 8 evidence; and
9(b) If the defense is submitted to the trier of fact the defendant has the burden of
10 persuasion that the defense is more probably true than not;
11(3) "Burden of injecting the issue":
12(a) The issue referred to is not submitted to the trier of fact unless supported by
13 evidence; and
14(b) If the issue is submitted to the trier of fact any reasonable doubt on the issue requires
15 a finding for the defendant on that issue;
16(4) "Commercial film and photographic print processor", any person who develops
17 exposed photographic film into negatives, slides or prints, or who makes prints from negatives
18 or slides, for compensation. The term commercial film and photographic print processor shall
19 include all employees of such persons but shall not include a person who develops film or makes
20 prints for a public agency;
21(5) "Computer", the box that houses the central processing unit (CPU), along with any
22 internal storage devices, such as internal hard drives, and internal communication devices, such
23 as internal modems capable of sending or receiving [electronic mail] email or fax cards, along
24 with any other hardware stored or housed internally. Thus, computer refers to hardware,
25 software and data contained in the main unit. Printers, external modems attached by cable to the
26 main unit, monitors, and other external attachments will be referred to collectively as peripherals
27 and discussed individually when appropriate. When the computer and all peripherals are
28 referred to as a package, the term "computer system" is used. Information refers to all the
29 information on a computer system including both software applications and data;
30(6) "Computer equipment", computers, terminals, data storage devices, and all other
31 computer hardware associated with a computer system or network;
32(7) "Computer hardware", all equipment which can collect, analyze, create, display,
33 convert, store, conceal or transmit electronic, magnetic, optical or similar computer impulses or
34 data. Hardware includes, but is not limited to, any data processing devices, such as central
CCS SS SCS HCS HBs 2637 & 3155  45
35 processing units, memory typewriters and self-contained laptop or notebook computers; internal
36 and peripheral storage devices, transistor-like binary devices and other memory storage devices,
37 such as floppy disks, removable disks, compact disks, digital video disks, magnetic tape, hard
38 drive, optical disks and digital memory; local area networks, such as two or more computers
39 connected together to a central computer server via cable or modem; peripheral input or output
40 devices, such as keyboards, printers, scanners, plotters, video display monitors and optical
41 readers; and related communication devices, such as modems, cables and connections, recording
42 equipment, RAM or ROM units, acoustic couplers, automatic dialers, speed dialers,
43 programmable telephone dialing or signaling devices and electronic tone-generating devices; as
44 well as any devices, mechanisms or parts that can be used to restrict access to computer
45 hardware, such as physical keys and locks;
46(8) "Computer network", two or more interconnected computers or computer systems;
47(9) "Computer program", a set of instructions, statements, or related data that directs or
48 is intended to direct a computer to perform certain functions;
49(10) "Computer software", digital information which can be interpreted by a computer
50 and any of its related components to direct the way they work. Software is stored in electronic,
51 magnetic, optical or other digital form. The term commonly includes programs to run operating
52 systems and applications, such as word processing, graphic, or spreadsheet programs, utilities,
53 compilers, interpreters and communications programs;
54(11) "Computer-related documentation", written, recorded, printed or electronically
55 stored material which explains or illustrates how to configure or use computer hardware,
56 software or other related items;
57(12) "Computer system", a set of related, connected or unconnected, computer
58 equipment, data, or software;
59(13) "Confinement":
60(a) A person is in confinement when such person is held in a place of confinement
61 pursuant to arrest or order of a court, and remains in confinement until:
62a. A court orders the person's release; or
63b. The person is released on bail, bond, or recognizance, personal or otherwise; or
64c. A public servant having the legal power and duty to confine the person authorizes his
65 release without guard and without condition that he return to confinement;
66(b) A person is not in confinement if:
67a. The person is on probation or parole, temporary or otherwise; or
68b. The person is under sentence to serve a term of confinement which is not continuous,
69 or is serving a sentence under a work-release program, and in either such case is not being held
70 in a place of confinement or is not being held under guard by a person having the legal power
71 and duty to transport the person to or from a place of confinement;
 CCS SS SCS HCS HBs 2637 & 3155  46
72(14) "Consent": consent or lack of consent may be expressed or implied. Assent does
73 not constitute consent if:
74(a) It is given by a person who lacks the mental capacity to authorize the conduct
75 charged to constitute the offense and such mental incapacity is manifest or known to the actor;
76 or
77(b) It is given by a person who by reason of youth, mental disease or defect, intoxication,
78 a drug-induced state, or any other reason is manifestly unable or known by the actor to be unable
79 to make a reasonable judgment as to the nature or harmfulness of the conduct charged to
80 constitute the offense; or
81(c) It is induced by force, duress or deception;
82(15) "Controlled substance", a drug, substance, or immediate precursor in Schedules I
83 through V as defined in chapter 195;
84(16) "Criminal negligence", failure to be aware of a substantial and unjustifiable risk that
85 circumstances exist or a result will follow, and such failure constitutes a gross deviation from
86 the standard of care which a reasonable person would exercise in the situation;
87(17) "Custody", a person is in custody when he or she has been arrested but has not been
88 delivered to a place of confinement;
89(18) "Damage", when used in relation to a computer system or network, means any
90 alteration, deletion, or destruction of any part of the computer system or network;
91(19) "Dangerous felony", the felonies [of] requiring eighty-five percent of the
92 imposed sentence to be served prior to parole eligibility, which are arson in the first degree,
93 assault in the first degree, attempted rape in the first degree if physical injury results, attempted
94 forcible rape if physical injury results, attempted sodomy in the first degree if physical injury
95 results, attempted forcible sodomy if physical injury results, rape in the first degree, forcible
96 rape, sodomy in the first degree, forcible sodomy, assault in the second degree if the victim of
97 such assault is a special victim as defined in subdivision (14) of section 565.002, kidnapping in
98 the first degree, kidnapping, murder in the second degree, assault of a law enforcement officer
99 in the first degree, domestic assault in the first degree, elder abuse in the first degree, robbery
100 in the first degree, armed criminal action, conspiracy to commit an offense when the offense is
101 a dangerous felony, vehicle hijacking when punished as a class A felony, statutory rape in the
102 first degree [when the victim is a child less than twelve years of age at the time of the
103 commission of the act giving rise to the offense], statutory sodomy in the first degree [when the
104 victim is a child less than twelve years of age at the time of the commission of the act giving rise
105 to the offense], child molestation in the first or second degree, abuse of a child if the child dies
106 as a result of injuries sustained from conduct chargeable under section 568.060, child
107 kidnapping, parental kidnapping committed by detaining or concealing the whereabouts of the
108 child for not less than one hundred twenty days under section 565.153, bus hijacking when
 CCS SS SCS HCS HBs 2637 & 3155  47
109 punished as a class A felony, planting a bomb or explosive in or near a bus or terminal, [and]
110 an "intoxication-related traffic offense" or "intoxication-related boating offense" if the person
111 is found to be a "habitual offender" or "habitual boating offender" as such terms are defined in
112 section 577.001, abuse through forced labor when punished under subsection 4 of section
113 566.203, trafficking for the purposes of slavery, involuntary servitude, peonage, or forced
114 labor or the attempt of such when punished under subsection 4 of section 566.206,
115 trafficking for the purposes of sexual exploitation or the attempt of such when the offense
116 was effected by force, abduction, or coercion, sexual trafficking of a child in the first
117 degree, sexual trafficking of a child in the second degree, a third violation of failure to
118 register as a sexual offender, and endangering the welfare of a child in the first degree
119 when punished under section 568.045;
120(20) "Dangerous instrument", any instrument, article or substance, which, under the
121 circumstances in which it is used, is readily capable of causing death or other serious physical
122 injury;
123(21) "Data", a representation of information, facts, knowledge, concepts, or instructions
124 prepared in a formalized or other manner and intended for use in a computer or computer
125 network. Data may be in any form including, but not limited to, printouts, microfiche, magnetic
126 storage media, punched cards and as may be stored in the memory of a computer;
127(22) "Deadly weapon", any firearm, loaded or unloaded, or any weapon from which a
128 shot, readily capable of producing death or serious physical injury, may be discharged, or a
129 switchblade knife, dagger, billy club, blackjack or metal knuckles;
130(23) "Digital camera", a camera that records images in a format which enables the
131 images to be downloaded into a computer;
132(24) "Disability", a mental, physical, or developmental impairment that substantially
133 limits one or more major life activities or the ability to provide adequately for one's care or
134 protection, whether the impairment is congenital or acquired by accident, injury or disease,
135 where such impairment is verified by medical findings;
136(25) "Elderly person", a person sixty years of age or older;
137(26) "Felony", an offense so designated or an offense for which persons found guilty
138 thereof may be sentenced to death or imprisonment for a term of more than one year;
139(27) "Forcible compulsion" either:
140(a) Physical force that overcomes reasonable resistance; or
141(b) A threat, express or implied, that places a person in reasonable fear of death, serious
142 physical injury or kidnapping of such person or another person;
143(28) "Incapacitated", a temporary or permanent physical or mental condition in which
144 a person is unconscious, unable to appraise the nature of his or her conduct, or unable to
145 communicate unwillingness to an act;
 CCS SS SCS HCS HBs 2637 & 3155  48
146(29) "Infraction", a violation defined by this code or by any other statute of this state if
147 it is so designated or if no sentence other than a fine, or fine and forfeiture or other civil penalty,
148 is authorized upon conviction;
149(30) "Inhabitable structure", a vehicle, vessel or structure:
150(a) Where any person lives or carries on business or other calling; or
151(b) Where people assemble for purposes of business, government, education, religion,
152 entertainment, or public transportation; or
153(c) Which is used for overnight accommodation of persons.
154
155 Any such vehicle, vessel, or structure is inhabitable regardless of whether a person is actually
156 present. If a building or structure is divided into separately occupied units, any unit not occupied
157 by the actor is an inhabitable structure of another;
158(31) "Knowingly", when used with respect to:
159(a) Conduct or attendant circumstances, means a person is aware of the nature of his or
160 her conduct or that those circumstances exist; or
161(b) A result of conduct, means a person is aware that his or her conduct is practically
162 certain to cause that result;
163(32) "Law enforcement officer", any public servant having both the power and duty to
164 make arrests for violations of the laws of this state, and federal law enforcement officers
165 authorized to carry firearms and to make arrests for violations of the laws of the United States;
166(33) "Misdemeanor", an offense so designated or an offense for which persons found
167 guilty thereof may be sentenced to imprisonment for a term of which the maximum is one year
168 or less;
169(34) "Of another", property that any entity, including but not limited to any natural
170 person, corporation, limited liability company, partnership, association, governmental
171 subdivision or instrumentality, other than the actor, has a possessory or proprietary interest
172 therein, except that property shall not be deemed property of another who has only a security
173 interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or
174 other security arrangement;
175(35) "Offense", any felony or misdemeanor;
176(36) "Physical injury", slight impairment of any function of the body or temporary loss
177 of use of any part of the body;
178(37) "Place of confinement", any building or facility and the grounds thereof wherein
179 a court is legally authorized to order that a person charged with or convicted of a crime be held;
180(38) "Possess" or "possessed", having actual or constructive possession of an object with
181 knowledge of its presence. A person has actual possession if such person has the object on his
182 or her person or within easy reach and convenient control. A person has constructive possession
 CCS SS SCS HCS HBs 2637 & 3155  49
183 if such person has the power and the intention at a given time to exercise dominion or control
184 over the object either directly or through another person or persons. Possession may also be sole
185 or joint. If one person alone has possession of an object, possession is sole. If two or more
186 persons share possession of an object, possession is joint;
187(39) "Property", anything of value, whether real or personal, tangible or intangible, in
188 possession or in action;
189(40) "Public servant", any person employed in any way by a government of this state
190 who is compensated by the government by reason of such person's employment, any person
191 appointed to a position with any government of this state, or any person elected to a position
192 with any government of this state. It includes, but is not limited to, legislators, jurors, members
193 of the judiciary and law enforcement officers. It does not include witnesses;
194(41) "Purposely", when used with respect to a person's conduct or to a result thereof,
195 means when it is his or her conscious object to engage in that conduct or to cause that result;
196(42) "Recklessly", consciously disregarding a substantial and unjustifiable risk that
197 circumstances exist or that a result will follow, and such disregard constitutes a gross deviation
198 from the standard of care which a reasonable person would exercise in the situation;
199(43) "Serious emotional injury", an injury that creates a substantial risk of temporary or
200 permanent medical or psychological damage, manifested by impairment of a behavioral,
201 cognitive or physical condition. Serious emotional injury shall be established by testimony of
202 qualified experts upon the reasonable expectation of probable harm to a reasonable degree of
203 medical or psychological certainty;
204(44) "Serious physical injury", physical injury that creates a substantial risk of death or
205 that causes serious disfigurement or protracted loss or impairment of the function of any part of
206 the body;
207(45) "Services", when used in relation to a computer system or network, means use of
208 a computer, computer system, or computer network and includes, but is not limited to, computer
209 time, data processing, and storage or retrieval functions;
210(46) "Sexual orientation", male or female heterosexuality, homosexuality or bisexuality
211 by inclination, practice, identity or expression, or having a self-image or identity not traditionally
212 associated with one's gender;
213(47) "Vehicle", a self-propelled mechanical device designed to carry a person or persons,
214 excluding vessels or aircraft;
215(48) "Vessel", any boat or craft propelled by a motor or by machinery, whether or not
216 such motor or machinery is a principal source of propulsion used or capable of being used as a
217 means of transportation on water, or any boat or craft more than twelve feet in length which is
218 powered by sail alone or by a combination of sail and machinery, and used or capable of being
 CCS SS SCS HCS HBs 2637 & 3155  50
219 used as a means of transportation on water, but not any boat or craft having, as the only means
220 of propulsion, a paddle or oars;
221(49) "Voluntary act":
222(a) A bodily movement performed while conscious as a result of effort or determination.
223 Possession is a voluntary act if the possessor knowingly procures or receives the thing
224 possessed, or having acquired control of it was aware of his or her control for a sufficient time
225 to have enabled him or her to dispose of it or terminate his or her control; or
226(b) An omission to perform an act of which the actor is physically capable. A person
227 is not guilty of an offense based solely upon an omission to perform an act unless the law
228 defining the offense expressly so provides, or a duty to perform the omitted act is otherwise
229 imposed by law;
230(50) "Vulnerable person", any person in the custody, care, or control of the department
231 of mental health who is receiving services from an operated, funded, licensed, or certified
232 program.
                  [557.011. 1. Every person found guilty of an offense shall be dealt
2with by the court in accordance with the provisions of this chapter, except that
3for offenses defined outside this code and not repealed, the term of
4imprisonment or the fine that may be imposed is that provided in the statute
5defining the offense; however, the conditional release term of any sentence of
6a term of years shall be determined as provided in subsection [4] 7 of section
7558.011.
82. Whenever any person has been found guilty of a felony or a
9misdemeanor the court shall make one or more of the following dispositions
10of the offender in any appropriate combination. The court may:
11(1) Sentence the person to a term of imprisonment as authorized by
12chapter 558;
13(2) Sentence the person to pay a fine as authorized by chapter 560;
14(3) Suspend the imposition of sentence, with or without placing the
15person on probation;
16(4) Pronounce sentence and suspend its execution, placing the person
17on probation;
18(5) Impose a period of detention as a condition of probation, as
19authorized by section 559.026.
203. Whenever any person has been found guilty of an infraction, the
21court shall make one or more of the following dispositions of the offender in
22any appropriate combination. The court may:
23(1) Sentence the person to pay a fine as authorized by chapter 560;
24(2) Suspend the imposition of sentence, with or without placing the
25person on probation;
26(3) Pronounce sentence and suspend its execution, placing the person
27on probation.
CCS SS SCS HCS HBs 2637 & 3155  51
284. Whenever any organization has been found guilty of an offense, the
29court shall make one or more of the following dispositions of the organization
30in any appropriate combination. The court may:
31(1) Sentence the organization to pay a fine as authorized by chapter
32560;
33(2) Suspend the imposition of sentence, with or without placing the
34organization on probation;
35(3) Pronounce sentence and suspend its execution, placing the
36organization on probation;
37(4) Impose any special sentence or sanction authorized by law.
385. This chapter shall not be construed to deprive the court of any
39authority conferred by law to decree a forfeiture of property, suspend or
40cancel a license, remove a person from office, or impose any other civil
41penalty. An appropriate order exercising such authority may be included as
42part of any sentence.
436. In the event a sentence of confinement is ordered executed, a court
44may order that an individual serve all or any portion of such sentence on
45electronic monitoring; except that all costs associated with the electronic
46monitoring shall be charged to the person on house arrest. If the judge finds
47the person unable to afford the costs associated with electronic monitoring, the
48judge may order that the person be placed on house arrest with electronic
49monitoring if the county commission agrees to pay the costs of such
50monitoring. If the person on house arrest is unable to afford the costs
51associated with electronic monitoring and the county commission does not
52agree to pay from the general revenue of the county the costs of such
53electronic monitoring, the judge shall not order that the person be placed on
54house arrest with electronic monitoring.]
        557.011. 1. Every person found guilty of an offense shall be dealt with by the court in
2 accordance with the provisions of this chapter, except that for offenses defined outside this code
3 and not repealed, the term of imprisonment or the fine that may be imposed is that provided in
4 the statute defining the offense; however, the conditional release term of any sentence of a term
5 of years shall be determined as provided in subsection [4] 7 of section 558.011.
62. Whenever any person has been found guilty of a felony or a misdemeanor the court
7 shall make one or more of the following dispositions of the offender in any appropriate
8 combination. The court may:
9(1) Sentence the person to a term of imprisonment as authorized by chapter 558;
10(2) Sentence the person to pay a fine as authorized by chapter 560;
11(3) Suspend the imposition of sentence, with or without placing the person on probation;
12(4) Pronounce sentence and suspend its execution, placing the person on probation;
13      (5) Impose a period of detention as a condition of probation, as authorized by section
14 559.026.
CCS SS SCS HCS HBs 2637 & 3155  52
153. Whenever any person has been found guilty of an infraction, the court shall make one
16 or more of the following dispositions of the offender in any appropriate combination. The court
17 may:
18(1) Sentence the person to pay a fine as authorized by chapter 560;
19(2) Suspend the imposition of sentence, with or without placing the person on probation;
20(3) Pronounce sentence and suspend its execution, placing the person on probation.
214. Whenever any organization has been found guilty of an offense, the court shall make
22 one or more of the following dispositions of the organization in any appropriate combination.
23 The court may:
24(1) Sentence the organization to pay a fine as authorized by chapter 560;
25(2) Suspend the imposition of sentence, with or without placing the organization on
26 probation;
27(3) Pronounce sentence and suspend its execution, placing the organization on
28 probation;
29(4) Impose any special sentence or sanction authorized by law.
305. This chapter shall not be construed to deprive the court of any authority conferred by
31 law to decree a forfeiture of property, suspend or cancel a license, remove a person from office,
32 or impose any other civil penalty. An appropriate order exercising such authority may be
33 included as part of any sentence.
346. In the event a sentence of confinement is ordered executed, a court may order that an
35 individual serve all or any portion of such sentence on electronic monitoring; except that all
36 costs associated with the electronic monitoring shall be charged to the person on house arrest.
37 If the judge finds the person unable to afford the costs associated with electronic monitoring, the
38 judge may order that the person be placed on house arrest with electronic monitoring if the
39 county commission agrees to pay the costs of such monitoring. If the person on house arrest is
40 unable to afford the costs associated with electronic monitoring and the county commission does
41 not agree to pay from the general revenue of the county the costs of such electronic monitoring,
42 the judge shall not order that the person be placed on house arrest with electronic monitoring.
                   [557.021. 1. Any offense defined outside this code [which] that is
2declared to be a misdemeanor without specification of the penalty therefor is
3a class A misdemeanor.
42. Any offense defined outside this code [which] that is declared to
5be a felony without specification of the penalty therefor is a class E felony
6and subject to the terms as provided in chapter 558.
73. For the purpose of applying the extended term provisions of section
8558.016 [and the minimum prison term provisions of] , the parole eligibility
9provisions pursuant to section [558.019] 558.011 and for determining the
10penalty for attempts, offenses defined outside of this code shall be classified
CCS SS SCS HCS HBs 2637 & 3155  53
11as follows:
12(1) If the offense is a felony:
13(a) It is a class A felony if the authorized penalty includes death, life
14imprisonment or imprisonment for a term of twenty years or more;
15(b) It is a class B felony if the maximum term of imprisonment
16authorized exceeds ten years but is less than twenty years;
17(c) It is a class C felony if the maximum term of imprisonment
18authorized is ten years;
19(d) It is a class D felony if the maximum term of imprisonment
20exceeds four years but is less than ten years;
21(e) It is a class E felony if the maximum term of imprisonment is four
22years or less;
23(2) If the offense is a misdemeanor:
24(a) It is a class A misdemeanor if the authorized imprisonment
25exceeds six months in jail;
26(b) It is a class B misdemeanor if the authorized imprisonment
27exceeds thirty days but is not more than six months;
28(c) It is a class C misdemeanor if the authorized imprisonment is thirty
29days or less;
30(d) It is a class D misdemeanor if it includes a mental state as an
31element of the offense and there is no authorized imprisonment;
32(e) It is an infraction if there is no authorized imprisonment.]
   557.021. 1. Any offense defined outside this code [which] that is declared to be a
2 misdemeanor without specification of the penalty therefor is a class A misdemeanor.
32. Any offense defined outside this code [which] that is declared to be a felony without
4 specification of the penalty therefor is a class E felony and subject to the terms as provided
5 in chapter 558.
63. For the purpose of applying the extended term provisions of section 558.016 [and the
7 minimum prison term provisions of], the parole eligibility provisions pursuant to section
8 [558.019] 558.011 and for determining the penalty for attempts, offenses defined outside of this
9 code shall be classified as follows:
10(1) If the offense is a felony:
11(a) It is a class A felony if the authorized penalty includes death, life imprisonment or
12 imprisonment for a term of twenty years or more;
13(b) It is a class B felony if the maximum term of imprisonment authorized exceeds ten
14 years but is less than twenty years;
15(c) It is a class C felony if the maximum term of imprisonment authorized is ten years;
16(d) It is a class D felony if the maximum term of imprisonment exceeds four years but
17 is less than ten years;
18(e) It is a class E felony if the maximum term of imprisonment is four years or less;
 CCS SS SCS HCS HBs 2637 & 3155  54
19(2) If the offense is a misdemeanor:
20(a) It is a class A misdemeanor if the authorized imprisonment exceeds six months in
21 jail;
22(b) It is a class B misdemeanor if the authorized imprisonment exceeds thirty days but
23 is not more than six months;
24(c) It is a class C misdemeanor if the authorized imprisonment is thirty days or less;
25(d) It is a class D misdemeanor if it includes a mental state as an element of the offense
26 and there is no authorized imprisonment;
27(e) It is an infraction if there is no authorized imprisonment.
                 [558.011. 1. The authorized terms of imprisonment, including both
2prison and conditional release terms, for all offenses are as follows:
3(1) For a class A felony, a term of years not less than ten years and not
4to exceed thirty years, or life imprisonment, for which an offender shall
5serve seventy percent of the imposed sentence prior to parole eligibility;
6(2) For a class B felony, a term of years not less than five years and
7not to exceed fifteen years, for which an offender shall serve fifty percent
8of the imposed sentence prior to parole eligibility;
9(3) For a class C felony, a term of years not less than three years and
10not to exceed ten years, for which an offender shall serve:
11(a) Forty percent of the imposed sentence prior to parole
12eligibility for an offense under chapters 566, 568, and 573 that requires
13registration as a sex offender under chapter 589;
14(b) Thirty percent of the imposed sentence prior to parole
15eligibility for a first offense other than an offense under paragraph (a) of
16this subdivision;
17(c) Thirty-five percent of the imposed sentence prior to parole
18eligibility for a second offense other than an offense under paragraph (a)
19of this subdivision;
20(d) Fifty percent of the imposed sentence prior to parole eligibility
21for a third or subsequent offense other than an offense under paragraph
22(a) of this subdivision;
23(4) For a class D felony, a term of years not to exceed seven years, for
24which an offender shall serve:
25(a) Twenty-five percent of the imposed sentence prior to parole
26eligibility for an offense under chapters 566, 568, and 573 that requires
27registration as a sex offender under chapter 589;
28(b) Twenty percent of the imposed sentence prior to parole
29eligibility for a first offense other than an offense under paragraph (a) of
30this subdivision;
31(c) Twenty-five percent of the imposed sentence prior to parole
32eligibility for a second offense other than an offense under paragraph (a)
33of this subdivision;
CCS SS SCS HCS HBs 2637 & 3155  55
34(d) Fifty percent of the imposed sentence prior to parole eligibility
35      for a third or subsequent offense other than an offense under paragraph
36      (a) of this subdivision;
37(5) For a class E felony, a term of years not to exceed four years, for
38      which an offender shall serve:
39(a) Twenty-five percent of the imposed sentence prior to parole
40      eligibility for an offense under chapters 566, 568, and 573 that requires
41      registration as a sex offender under chapter 589;
42(b) Fifteen percent of the imposed sentence prior to parole
43      eligibility for a first offense other than an offense under paragraph (a) of
44      this subdivision;
45(c) Twenty percent of the imposed sentence prior to parole
46      eligibility for a second offense other than an offense under paragraph (a)
47      of this subdivision;
48(d) Fifty percent of the imposed sentence prior to parole eligibility
49      for a third or subsequent offense other than an offense under paragraph
50      (a) of this subdivision;
51(6) For a class A misdemeanor, a term not to exceed one year;
52(7) For a class B misdemeanor, a term not to exceed six months;
53(8) For a class C misdemeanor, a term not to exceed fifteen days.
542. When a person is sentenced to the authorized term of
55      imprisonment for a higher class than the offense for which the person was
56      found guilty under sections 558.016, 565.079, and 579.170, the person
57      shall also be sentenced to the parole eligibility percentage of the higher
58      class.
593. The authorized terms of imprisonment under subsections 1 and
60      2 of this section shall apply to all offenses, except if the terms for parole
61      eligibility otherwise provided by statute result in a higher parole
62      eligibility percentage, in which case the statute resulting in the higher
63      parole eligibility percentage shall apply.
644. The authorized terms of imprisonment under subsection 1 of
65      this section shall not apply to any offense where a suspended imposition
66      of sentence is imposed or where the matter is referred to an adult
67      treatment court as provided in chapter 478.
685. In cases of class D and E felonies, the court shall have discretion
69      to imprison for a special term not to exceed one year in the county jail or other
70      authorized penal institution, and the place of confinement shall be fixed by the
71      court. If the court imposes a sentence of imprisonment for a term longer than
72      one year upon a person convicted of a class D or E felony, it shall commit the
73      person to the custody of the department of corrections.
74[3.] 6. (1) When a regular sentence of imprisonment for a felony is
75      imposed, the court shall commit the person to the custody of the department
76      of corrections for the term imposed under section 557.036, or until released
77      under procedures established elsewhere by law.
 CCS SS SCS HCS HBs 2637 & 3155  56
78(2) A sentence of imprisonment for a misdemeanor shall be for a
79      definite term and the court shall commit the person to the county jail or other
80      authorized penal institution for the term of his or her sentence or until released
81      under procedure established elsewhere by law.
82[4.] 7. (1) Except as otherwise provided, a sentence of imprisonment
83      for a term of years for felonies other than dangerous felonies as defined in
84      section 556.061, and other than sentences of imprisonment which involve the
85      individual's fourth or subsequent remand to the department of corrections shall
86      consist of a prison term and a conditional release term. The conditional
87      release term of any term imposed under section 557.036 shall be:
88(a) One-third for terms of nine years or less;
89(b) Three years for terms between nine and fifteen years;
90(c) Five years for terms more than fifteen years; and the prison term
91      shall be the remainder of such term. The prison term may be extended by the
92      parole board pursuant to subsection [5] 8 of this section.
93(2) "Conditional release" means the conditional discharge of an
94      offender by the parole board, subject to conditions of release that the parole
95      board deems reasonable to assist the offender to lead a law-abiding life, and
96      subject to the supervision under the division of probation and parole. The
97      conditions of release shall include avoidance by the offender of any other
98      offense, federal or state, and other conditions that the parole board in its
99      discretion deems reasonably necessary to assist the releasee in avoiding
100      further violation of the law.
101[5.] 8. The date of conditional release from the prison term may be
102      extended up to a maximum of the entire sentence of imprisonment by the
103      parole board. The director of any division of the department of corrections
104      except the division of probation and parole may file with the parole board a
105      petition to extend the conditional release date when an offender fails to follow
106      the rules and regulations of the division or commits an act in violation of such
107      rules. Within ten working days of receipt of the petition to extend the
108      conditional release date, the parole board shall convene a hearing on the
109      petition. The offender shall be present and may call witnesses in his or her
110      behalf and cross-examine witnesses appearing against the offender. The
111      hearing shall be conducted as provided in section 217.670. If the violation
112      occurs in close proximity to the conditional release date, the conditional
113      release may be held for a maximum of fifteen working days to permit
114      necessary time for the division director to file a petition for an extension with
115      the parole board and for the parole board to conduct a hearing, provided some
116      affirmative manifestation of an intent to extend the conditional release has
117      occurred prior to the conditional release date. If at the end of a fifteen-
118      working-day period a parole board decision has not been reached, the offender
119      shall be released conditionally. The decision of the parole board shall be final.
1209. Any person who commits a class A or B felony or an offense
121      under chapters 566, 568, and 573 that requires registration as a sex
 CCS SS SCS HCS HBs 2637 & 3155  57
122offender under chapter 589, on or after January 1, 2028, shall not be
123eligible for conditional release for that offense.
12410. Notwithstanding any other provision of law to the contrary,
125any offender who has been found guilty of a dangerous felony as defined
126in section 556.061 and is committed to the department of corrections shall
127be required to serve eighty-five percent of the sentence imposed by the
128court prior to parole eligibility.
12911. For the purpose of determining the minimum time required
130to be served by the offender before he or she is eligible for parole, the
131following calculations shall apply:
132(1) A sentence of life shall be calculated to be thirty years; and
133(2) Any sentence either alone or in the aggregate with other
134consecutive sentences for offenses committed at or near the same time
135that is over seventy-five years shall be calculated to be seventy-five years.
13612. When consecutive sentences are imposed by a court, the
137minimum percentage for each respective felony shall be met prior to
138parole eligibility.
13913. When concurrent sentences are imposed by a court, the person
140shall serve the minimum required percentage for the longest sentence
141prior to parole eligibility.]
      558.011. 1. The authorized terms of imprisonment, including both prison and
  2 conditional release terms, for all offenses are as follows:
3(1) For a class A felony, a term of years not less than ten years and not to exceed thirty
4 years, or life imprisonment, for which an offender shall serve seventy percent of the imposed
5 sentence prior to parole eligibility;
6(2) For a class B felony, a term of years not less than five years and not to exceed fifteen
7 years, for which an offender shall serve fifty percent of the imposed sentence prior to
8 parole eligibility;
9(3) For a class C felony, a term of years not less than three years and not to exceed ten
10 years, for which an offender shall serve:
11(a) Forty percent of the imposed sentence prior to parole eligibility for a conviction
12 under chapter 566, 568, or 573 that requires registration as a sex offender under chapter
13 589;
14(b) Thirty percent of the imposed sentence prior to parole eligibility for a first
15 conviction other than an offense under paragraph (a) of this subdivision;
16(c) Thirty-five percent of the imposed sentence prior to parole eligibility for a
17 second conviction other than an offense under paragraph (a) of this subdivision;
18(d) Fifty percent of the imposed sentence prior to parole eligibility for a third or
19 subsequent conviction other than an offense under paragraph (a) of this subdivision;
CCS SS SCS HCS HBs 2637 & 3155  58
20(4) For a class D felony, a term of years not to exceed seven years, for which an
21 offender shall serve:
22(a) Twenty-five percent of the imposed sentence prior to parole eligibility for a
23 conviction under chapter 566, 568, or 573 that requires registration as a sex offender under
24 chapter 589;
25(b) Twenty percent of the imposed sentence prior to parole eligibility for a first
26 conviction other than an offense under paragraph (a) of this subdivision;
27(c) Twenty-five percent of the imposed sentence prior to parole eligibility for a
28 second conviction other than an offense under paragraph (a) of this subdivision;
29(d) Fifty percent of the imposed sentence prior to parole eligibility for a third or
30 subsequent conviction other than an offense under paragraph (a) of this subdivision;
31(5) For a class E felony, a term of years not to exceed four years, for which an offender
32 shall serve:
33(a) Twenty-five percent of the imposed sentence prior to parole eligibility for a
34 conviction under chapter 566, 568, or 573 that requires registration as a sex offender under
35 chapter 589;
36(b) Fifteen percent of the imposed sentence prior to parole eligibility for a first
37 conviction other than an offense under paragraph (a) of this subdivision;
38(c) Twenty percent of the imposed sentence prior to parole eligibility for a second
39 conviction other than an offense under paragraph (a) of this subdivision;
40(d) Fifty percent of the imposed sentence prior to parole eligibility for a third or
41 subsequent conviction other than an offense under paragraph (a) of this subdivision;
42(6) For a class A misdemeanor, a term not to exceed one year;
43(7) For a class B misdemeanor, a term not to exceed six months;
44(8) For a class C misdemeanor, a term not to exceed fifteen days.
452. When a person is sentenced to the authorized term of imprisonment for a higher
46 class than the offense for which the person was found guilty under section 558.016, 565.079,
47 or 579.170, the person shall also be sentenced to the parole eligibility percentage of the
48 higher class.
493. The authorized terms of imprisonment under subsections 1 and 2 of this section
50 shall apply to all offenses, except if the terms for parole eligibility otherwise provided by
51 statute result in a higher parole eligibility percentage, in which case the statute resulting
52 in the higher parole eligibility percentage shall apply.
534. The authorized terms of imprisonment under subsection 1 of this section shall
54 not apply to any offense where a suspended imposition of sentence is imposed or where the
55 matter is referred to an adult treatment court as provided in chapter 478.
CCS SS SCS HCS HBs 2637 & 3155  59
565. In cases of class D and E felonies, the court shall have discretion to imprison for a
57 special term not to exceed one year in the county jail or other authorized penal institution, and
58 the place of confinement shall be fixed by the court. If the court imposes a sentence of
59 imprisonment for a term longer than one year upon a person convicted of a class D or E felony,
60 it shall commit the person to the custody of the department of corrections.
61[3.] 6. (1) When a regular sentence of imprisonment for a felony is imposed, the court
62 shall commit the person to the custody of the department of corrections for the term imposed
63 under section 557.036, or until released under procedures established elsewhere by law.
64(2) A sentence of imprisonment for a misdemeanor shall be for a definite term and the
65 court shall commit the person to the county jail or other authorized penal institution for the term
66 of his or her sentence or until released under procedure established elsewhere by law.
67[4.] 7. (1) Except as otherwise provided, a sentence of imprisonment for a term of years
68 for felonies other than dangerous felonies as defined in section 556.061, and other than sentences
69 of imprisonment which involve the individual's fourth or subsequent remand to the department
70 of corrections shall consist of a prison term and a conditional release term. The conditional
71 release term of any term imposed under section 557.036 shall be:
72(a) One-third for terms of nine years or less;
73(b) Three years for terms between nine and fifteen years;
74(c) Five years for terms more than fifteen years; and the prison term shall be the
75 remainder of such term. The prison term may be extended by the parole board pursuant to
76 subsection [5] 8 of this section.
77(2) "Conditional release" means the conditional discharge of an offender by the parole
78 board, subject to conditions of release that the parole board deems reasonable to assist the
79 offender to lead a law-abiding life, and subject to the supervision under the division of probation
80 and parole. The conditions of release shall include avoidance by the offender of any other
81 offense, federal or state, and other conditions that the parole board in its discretion deems
82 reasonably necessary to assist the releasee in avoiding further violation of the law.
83[5.] 8. The date of conditional release from the prison term may be extended up to a
84 maximum of the entire sentence of imprisonment by the parole board. The director of any
85 division of the department of corrections except the division of probation and parole may file
86 with the parole board a petition to extend the conditional release date when an offender fails to
87 follow the rules and regulations of the division or commits an act in violation of such rules.
88 Within ten working days of receipt of the petition to extend the conditional release date, the
89 parole board shall convene a hearing on the petition. The offender shall be present and may call
90 witnesses in his or her behalf and cross-examine witnesses appearing against the offender. The
91 hearing shall be conducted as provided in section 217.670. If the violation occurs in close
 CCS SS SCS HCS HBs 2637 & 3155  60
92 proximity to the conditional release date, the conditional release may be held for a maximum of
93 fifteen working days to permit necessary time for the division director to file a petition for an
94 extension with the parole board and for the parole board to conduct a hearing, provided some
95 affirmative manifestation of an intent to extend the conditional release has occurred prior to the
96 conditional release date. If at the end of a fifteen-working-day period a parole board decision
97 has not been reached, the offender shall be released conditionally. The decision of the parole
98 board shall be final.
999. Any person who commits a class A or B felony or an offense under chapter 566,
100 568, or 573 that requires registration as a sex offender under chapter 589, on or after
101 January 1, 2028, shall not be eligible for conditional release for that offense.
10210. Notwithstanding any other provision of law to the contrary, any offender who
103 has been found guilty of a dangerous felony as defined in section 556.061 and is committed
104 to the department of corrections shall be required to serve eighty-five percent of the
105 sentence imposed by the court prior to parole eligibility.
10611. For the purpose of determining the minimum time required to be served by the
107 offender before he or she is eligible for parole, the following calculations shall apply:
108(1) A sentence of life shall be calculated to be thirty years; and
109(2) Any sentence either alone or in the aggregate with other consecutive sentences
110 for offenses committed at or near the same time that is over seventy-five years shall be
111 calculated to be seventy-five years.
11212. When consecutive sentences are imposed by a court, the minimum percentage
113 for each respective felony shall be met prior to parole eligibility.
11413. When concurrent sentences are imposed by a court, the person shall serve the
115 minimum required percentage for the longest sentence prior to parole eligibility.
         558.016. 1. The court may sentence a person who has been found guilty of an offense
2  to a term of imprisonment as authorized by section 558.011 or to a term of imprisonment
3  authorized by a statute governing the offense if it finds the defendant is a prior offender or a
4  persistent misdemeanor offender. The court [may] shall sentence a person to an extended term
5  of imprisonment if:
6(1) The defendant is a persistent offender or a dangerous offender, and the person is
7 sentenced under subsection 7 of this section;
8(2) The statute under which the person was found guilty contains a sentencing
9 enhancement provision that is based on a prior finding of guilt or a finding of prior criminal
10 conduct and the person is sentenced according to the statute; or
11(3) A more specific sentencing enhancement provision applies that is based on a prior
12 finding of guilt or a finding of prior criminal conduct.
CCS SS SCS HCS HBs 2637 & 3155  61
132. A "prior offender" is one who has been found guilty of one felony.
143. A "persistent offender" is one who has been found guilty of two or more felonies
15 committed at different times, or one who has been previously found guilty of a dangerous felony
16 as defined in subdivision (19) of section 556.061.
174. A "dangerous offender" is one who:
18(1) Is being sentenced for a felony during the commission of which he knowingly
19 murdered or endangered or threatened the life of another person or knowingly inflicted or
20 attempted or threatened to inflict serious physical injury on another person; and
21(2) Has been found guilty of a class A or B felony or a dangerous felony.
225. A "persistent misdemeanor offender" is one who has been found guilty of two or more
23 offenses, committed at different times that are classified as A or B misdemeanors under the laws
24 of this state.
256. The findings of guilt shall be prior to the date of commission of the present offense.
267. The court shall sentence a person, who has been found to be a persistent offender or
27 a dangerous offender, and is found guilty of a class B, C, D, or E felony to the authorized term
28 of imprisonment for the offense that is one class higher than the offense for which the person is
29 found guilty.
                  [558.019. 1. [This section shall not be construed to affect the powers
2of the governor under Article IV, Section 7, of the Missouri Constitution.
3This statute shall not affect those provisions of section 565.020 or section
4566.125, which set minimum terms of sentences, or the provisions of section
5559.115, relating to probation.
62. The provisions of subsections 2 to 5 of this section shall only be
7applicable to the offenses contained in sections 565.021, 565.023, 565.024,
8565.027, 565.050, 565.052, 565.054, 565.072, 565.073, 565.074, 565.090,
9565.110, 565.115, 565.120, 565.153, 565.156, 565.225, 565.300, 566.030,
10566.031, 566.032, 566.034, 566.060, 566.061, 566.062, 566.064, 566.067,
11566.068, 566.069, 566.071, 566.083, 566.086, 566.100, 566.101, 566.103,
12566.111, 566.115, 566.145, 566.151, 566.153, 566.203, 566.206, 566.209,
13566.210, 566.211, 566.215, 568.030, 568.045, 568.060, 568.065, 568.175,
14569.040, 569.160, 570.023, 570.025, 570.030 when punished as a class A, B,
15or C felony, 570.145 when punished as a class A or B felony, 570.223 when
16punished as a class B or C felony, 571.020, 571.030, 571.070, 573.023,
17573.025, 573.035, 573.037, 573.200, 573.205, 574.070, 574.080, 574.115,
18575.030, 575.150, 575.153, 575.155, 575.157, 575.200 when punished as a
19class A felony, 575.210, 575.230 when punished as a class B felony, 575.240
20when punished as a class B felony, 576.070, 576.080, 577.010, 577.013,
21577.078, 577.703, 577.706, 579.065, and 579.068 when punished as a class
22A or B felony. For the purposes of this section, "prison commitment" means
23and is the receipt by the department of corrections of an offender after
CCS SS SCS HCS HBs 2637 & 3155  62
24      sentencing. For purposes of this section, prior prison commitments to the
25      department of corrections shall not include an offender's first incarceration
26      prior to release on probation under section 217.362 or 559.115. Other
27      provisions of the law to the contrary notwithstanding, any offender who has
28      been found guilty of a felony other than a dangerous felony as defined in
29      section 556.061 and is committed to the department of corrections shall be
30      required to serve the following minimum prison terms:
31(1) If the offender has one previous prison commitment to the
32      department of corrections for a felony offense, the minimum prison term
33      which the offender must serve shall be forty percent of his or her sentence or
34      until the offender attains seventy years of age, and has served at least thirty
35      percent of the sentence imposed, whichever occurs first;
36(2) If the offender has two previous prison commitments to the
37      department of corrections for felonies unrelated to the present offense, the
38      minimum prison term which the offender must serve shall be fifty percent of
39      his or her sentence or until the offender attains seventy years of age, and has
40      served at least forty percent of the sentence imposed, whichever occurs first;
41(3) If the offender has three or more previous prison commitments to
42      the department of corrections for felonies unrelated to the present offense, the
43      minimum prison term which the offender must serve shall be eighty percent
44      of his or her sentence or until the offender attains seventy years of age, and
45      has served at least forty percent of the sentence imposed, whichever occurs
46      first.
473. Other provisions of the law to the contrary notwithstanding, any
48      offender who has been found guilty of a dangerous felony as defined in
49      section 556.061 and is committed to the department of corrections shall be
50      required to serve a minimum prison term of eighty-five percent of the sentence
51      imposed by the court or until the offender attains seventy years of age, and has
52      served at least forty percent of the sentence imposed, whichever occurs first.
534. For the purpose of determining the minimum prison term to be
54      served, the following calculations shall apply:
55(1) A sentence of life shall be calculated to be thirty years;
56(2) Any sentence either alone or in the aggregate with other
57      consecutive sentences for offenses committed at or near the same time which
58      is over seventy-five years shall be calculated to be seventy-five years.
595. For purposes of this section, the term "minimum prison term" shall
60      mean time required to be served by the offender before he or she is eligible for
61      parole, conditional release or other early release by the department of
62      corrections.
636. An offender who was convicted of, or pled guilty to, a felony
64      offense other than those offenses listed in subsection 2 of this section prior to
65      August 28, 2019, shall no longer be subject to the minimum prison term
66      provisions under subsection 2 of this section, and shall be eligible for parole,
67      conditional release, or other early release by the department of corrections
 CCS SS SCS HCS HBs 2637 & 3155  63
68      according to the rules and regulations of the department.
697.] (1) A sentencing advisory commission is hereby created to consist
70      of eleven members. One member shall be appointed by the speaker of the
71      house. One member shall be appointed by the president pro tem of the senate.
72      One member shall be the director of the department of corrections. Six
73      members shall be appointed by and serve at the pleasure of the governor from
74      among the following: the public defender commission; private citizens; a
75      private member of the Missouri Bar; the board of probation and parole; and
76      a prosecutor. Two members shall be appointed by the supreme court, one
77      from a metropolitan area and one from a rural area. All members shall be
78      appointed to a four-year term. All members of the sentencing commission
79      appointed prior to August 28, 1994, shall continue to serve on the sentencing
80      advisory commission at the pleasure of the governor.
81(2) The commission shall study sentencing practices in the circuit
82      courts throughout the state for the purpose of determining whether and to what
83      extent disparities exist among the various circuit courts with respect to the
84      length of sentences imposed and the use of probation for offenders convicted
85      of the same or similar offenses and with similar criminal histories. The
86      commission shall also study and examine whether and to what extent
87      sentencing disparity among economic and social classes exists in relation to
88      the sentence of death and if so, the reasons therefor, if sentences are
89      comparable to other states, if the length of the sentence is appropriate, and the
90      rate of rehabilitation based on sentence. It shall compile statistics, examine
91      cases, draw conclusions, and perform other duties relevant to the research and
92      investigation of disparities in death penalty sentencing among economic and
93      social classes.
94(3) The commission shall study alternative sentences, prison work
95      programs, work release, home-based incarceration, probation and parole
96      options, and any other programs and report the feasibility of these options in
97      Missouri.
98(4) The governor shall select a chairperson who shall call meetings of
99      the commission as required or permitted pursuant to the purpose of the
100      sentencing commission.
101(5) The members of the commission shall not receive compensation
102      for their duties on the commission, but shall be reimbursed for actual and
103      necessary expenses incurred in the performance of these duties and for which
104      they are not reimbursed by reason of their other paid positions.
105(6) The circuit and associate circuit courts of this state, the office of
106      the state courts administrator, the department of public safety, and the
107      department of corrections shall cooperate with the commission by providing
108      information or access to information needed by the commission. The office
109      of the state courts administrator will provide needed staffing resources.
110[8.] 2. Courts shall retain discretion to lower or exceed the sentence
111      recommended by the commission as otherwise allowable by law, and to order
 CCS SS SCS HCS HBs 2637 & 3155  64
112restorative justice methods, when applicable.
113[9.] 3. If the imposition or execution of a sentence is suspended, the
114court may order any or all of the following restorative justice methods, or any
115other method that the court finds just or appropriate:
116(1) Restitution to any victim or a statutorily created fund for costs
117incurred as a result of the offender's actions;
118(2) Offender treatment programs;
119(3) Mandatory community service;
120(4) Work release programs in local facilities; and
121(5) Community-based residential and nonresidential programs.
122[10.] 4. Pursuant to subdivision (1) of subsection [9] 3 of this section,
123the court may order the assessment and payment of a designated amount of
124restitution to a county law enforcement restitution fund established by the
125county commission pursuant to section 50.565. Such contribution shall not
126exceed three hundred dollars for any charged offense. Any restitution moneys
127deposited into the county law enforcement restitution fund pursuant to this
128section shall only be expended pursuant to the provisions of section 50.565.
129[11.] 5. A judge may order payment to a restitution fund only if such
130fund had been created by ordinance or resolution of a county of the state of
131Missouri prior to sentencing. A judge shall not have any direct supervisory
132authority or administrative control over any fund to which the judge is
133ordering a person to make payment.
134[12.] 6. A person who fails to make a payment to a county law
135enforcement restitution fund may not have his or her probation revoked solely
136for failing to make such payment unless the judge, after evidentiary hearing,
137makes a finding supported by a preponderance of the evidence that the person
138either willfully refused to make the payment or that the person willfully,
139intentionally, and purposefully failed to make sufficient bona fide efforts to
140acquire the resources to pay.
141[13.] 7. Nothing in this section shall be construed to allow the
142sentencing advisory commission to issue recommended sentences in specific
143cases pending in the courts of this state.]
      558.019. 1. [This section shall not be construed to affect the powers of the governor
  2 under Article IV, Section 7, of the Missouri Constitution. This statute shall not affect those
  3 provisions of section 565.020 or section 566.125, which set minimum terms of sentences, or the
  4 provisions of section 559.115, relating to probation.
52. The provisions of subsections 2 to 5 of this section shall only be applicable to the
6 offenses contained in sections 565.021, 565.023, 565.024, 565.027, 565.050, 565.052, 565.054,
7 565.072, 565.073, 565.074, 565.090, 565.110, 565.115, 565.120, 565.153, 565.156, 565.225,
8 565.300, 566.030, 566.031, 566.032, 566.034, 566.060, 566.061, 566.062, 566.064, 566.067,
9 566.068, 566.069, 566.071, 566.083, 566.086, 566.100, 566.101, 566.103, 566.111, 566.115,
CCS SS SCS HCS HBs 2637 & 3155  65
10 566.145, 566.151, 566.153, 566.203, 566.206, 566.209, 566.210, 566.211, 566.215, 568.030,
11 568.045, 568.060, 568.065, 568.175, 569.040, 569.160, 570.023, 570.025, 570.030 when
12 punished as a class A, B, or C felony, 570.145 when punished as a class A or B felony, 570.223
13 when punished as a class B or C felony, 571.020, 571.030, 571.070, 573.023, 573.025, 573.035,
14 573.037, 573.200, 573.205, 574.070, 574.080, 574.115, 575.030, 575.150, 575.153, 575.155,
15 575.157, 575.200 when punished as a class A felony, 575.210, 575.230 when punished as a class
16 B felony, 575.240 when punished as a class B felony, 576.070, 576.080, 577.010, 577.013,
17 577.078, 577.703, 577.706, 579.065, and 579.068 when punished as a class A or B felony. For
18 the purposes of this section, "prison commitment" means and is the receipt by the department
19 of corrections of an offender after sentencing. For purposes of this section, prior prison
20 commitments to the department of corrections shall not include an offender's first incarceration
21 prior to release on probation under section 217.362 or 559.115. Other provisions of the law to
22 the contrary notwithstanding, any offender who has been found guilty of a felony other than a
23 dangerous felony as defined in section 556.061 and is committed to the department of
24 corrections shall be required to serve the following minimum prison terms:
25(1) If the offender has one previous prison commitment to the department of corrections
26 for a felony offense, the minimum prison term which the offender must serve shall be forty
27 percent of his or her sentence or until the offender attains seventy years of age, and has served
28 at least thirty percent of the sentence imposed, whichever occurs first;
29(2) If the offender has two previous prison commitments to the department of corrections
30 for felonies unrelated to the present offense, the minimum prison term which the offender must
31 serve shall be fifty percent of his or her sentence or until the offender attains seventy years of
32 age, and has served at least forty percent of the sentence imposed, whichever occurs first;
33(3) If the offender has three or more previous prison commitments to the department of
34 corrections for felonies unrelated to the present offense, the minimum prison term which the
35 offender must serve shall be eighty percent of his or her sentence or until the offender attains
36 seventy years of age, and has served at least forty percent of the sentence imposed, whichever
37 occurs first.
383. Other provisions of the law to the contrary notwithstanding, any offender who has
39 been found guilty of a dangerous felony as defined in section 556.061 and is committed to the
40 department of corrections shall be required to serve a minimum prison term of eighty-five
41 percent of the sentence imposed by the court or until the offender attains seventy years of age,
42 and has served at least forty percent of the sentence imposed, whichever occurs first.
434. For the purpose of determining the minimum prison term to be served, the following
44 calculations shall apply:
45(1) A sentence of life shall be calculated to be thirty years;
CCS SS SCS HCS HBs 2637 & 3155  66
46(2) Any sentence either alone or in the aggregate with other consecutive sentences for
47 offenses committed at or near the same time which is over seventy-five years shall be calculated
48 to be seventy-five years.
495. For purposes of this section, the term "minimum prison term" shall mean time
50 required to be served by the offender before he or she is eligible for parole, conditional release
51 or other early release by the department of corrections.
526. An offender who was convicted of, or pled guilty to, a felony offense other than those
53 offenses listed in subsection 2 of this section prior to August 28, 2019, shall no longer be subject
54 to the minimum prison term provisions under subsection 2 of this section, and shall be eligible
55 for parole, conditional release, or other early release by the department of corrections according
56 to the rules and regulations of the department.
577.] (1) A sentencing advisory commission is hereby created to consist of eleven
58 members. One member shall be appointed by the speaker of the house. One member shall be
59 appointed by the president pro tem of the senate. One member shall be the director of the
60 department of corrections. Six members shall be appointed by and serve at the pleasure of the
61 governor from among the following: the public defender commission; private citizens; a private
62 member of the Missouri Bar; the board of probation and parole; and a prosecutor. Two members
63 shall be appointed by the supreme court, one from a metropolitan area and one from a rural area.
64 All members shall be appointed to a four-year term. All members of the sentencing commission
65 appointed prior to August 28, 1994, shall continue to serve on the sentencing advisory
66 commission at the pleasure of the governor.
67(2) The commission shall study sentencing practices in the circuit courts throughout the
68 state for the purpose of determining whether and to what extent disparities exist among the
69 various circuit courts with respect to the length of sentences imposed and the use of probation
70 for offenders convicted of the same or similar offenses and with similar criminal histories. The
71 commission shall also study and examine whether and to what extent sentencing disparity among
72 economic and social classes exists in relation to the sentence of death and if so, the reasons
73 therefor, if sentences are comparable to other states, if the length of the sentence is appropriate,
74 and the rate of rehabilitation based on sentence. It shall compile statistics, examine cases, draw
75 conclusions, and perform other duties relevant to the research and investigation of disparities in
76 death penalty sentencing among economic and social classes.
77(3) The commission shall study alternative sentences, prison work programs, work
78 release, home-based incarceration, probation and parole options, and any other programs and
79 report the feasibility of these options in Missouri.
80(4) The governor shall select a chairperson who shall call meetings of the commission
81 as required or permitted pursuant to the purpose of the sentencing commission.
 CCS SS SCS HCS HBs 2637 & 3155  67
82(5) The members of the commission shall not receive compensation for their duties on
83 the commission, but shall be reimbursed for actual and necessary expenses incurred in the
84 performance of these duties and for which they are not reimbursed by reason of their other paid
85 positions.
86(6) The circuit and associate circuit courts of this state, the office of the state courts
87 administrator, the department of public safety, and the department of corrections shall cooperate
88 with the commission by providing information or access to information needed by the
89 commission. The office of the state courts administrator will provide needed staffing resources.
90[8.] 2. Courts shall retain discretion to lower or exceed the sentence recommended by
91 the commission as otherwise allowable by law, and to order restorative justice methods, when
92 applicable.
93[9.] 3. If the imposition or execution of a sentence is suspended, the court may order any
94 or all of the following restorative justice methods, or any other method that the court finds just
95 or appropriate:
96(1) Restitution to any victim or a statutorily created fund for costs incurred as a result
97 of the offender's actions;
98(2) Offender treatment programs;
99(3) Mandatory community service;
100(4) Work release programs in local facilities; and
101(5) Community-based residential and nonresidential programs.
102[10.] 4. Pursuant to subdivision (1) of subsection [9] 3 of this section, the court may
103 order the assessment and payment of a designated amount of restitution to a county law
104 enforcement restitution fund established by the county commission pursuant to section 50.565.
105 Such contribution shall not exceed three hundred dollars for any charged offense. Any
106 restitution moneys deposited into the county law enforcement restitution fund pursuant to this
107 section shall only be expended pursuant to the provisions of section 50.565.
108[11.] 5. A judge may order payment to a restitution fund only if such fund had been
109 created by ordinance or resolution of a county of the state of Missouri prior to sentencing. A
110 judge shall not have any direct supervisory authority or administrative control over any fund to
111 which the judge is ordering a person to make payment.
112[12.] 6. A person who fails to make a payment to a county law enforcement restitution
113 fund may not have his or her probation revoked solely for failing to make such payment unless
114 the judge, after evidentiary hearing, makes a finding supported by a preponderance of the
115 evidence that the person either willfully refused to make the payment or that the person willfully,
116 intentionally, and purposefully failed to make sufficient bona fide efforts to acquire the resources
117 to pay.
  CCS SS SCS HCS HBs 2637 & 3155  68
118     [13.] 7. Nothing in this section shall be construed to allow the sentencing advisory
119 commission to issue recommended sentences in specific cases pending in the courts of this state.
               [558.026. 1. Multiple sentences of imprisonment shall run
2      concurrently unless the court specifies that they shall run consecutively;
3      except in the case of multiple sentences of imprisonment imposed for any
4      offense committed during or at the same time as, or multiple offenses of, the
5      following felonies:
6(1) Rape in the first degree, forcible rape, or rape;
7(2) Statutory rape in the first degree;
8(3) Sodomy in the first degree, forcible sodomy, or sodomy;
9(4) Statutory sodomy in the first degree; or
10(5) An attempt to commit any of the felonies listed in this subsection.
11      In such case, the sentence of imprisonment imposed for any felony listed in
12      this subsection or an attempt to commit any of the aforesaid shall run
13      consecutively to the other sentences. The sentences imposed for any other
14      offense may run concurrently.
152. If a person who is on probation, parole or conditional release is
16      sentenced to a term of imprisonment for an offense committed after the
17      granting of probation or parole or after the start of his or her conditional
18      release term, the court shall direct the manner in which the sentence or
19      sentences imposed by the court shall run with respect to any resulting
20      probation, parole or conditional release revocation term or terms. If the
21      subsequent sentence to imprisonment is in another jurisdiction, the court shall
22      specify how any resulting probation, parole or conditional release revocation
23      term or terms shall run with respect to the foreign sentence of imprisonment.
243. A court may cause any sentence it imposes to run concurrently with
25      a sentence an individual is serving or is to serve in another state or in a federal
26      correctional center. If the Missouri sentence is served in another state or in
27      a federal correctional center, subsection [4] 7 of section 558.011 and section
28      217.690 shall apply as if the individual were serving his or her sentence within
29      the department of corrections of the state of Missouri, except that a personal
30      hearing before the parole board shall not be required for parole consideration.]
       558.026. 1. Multiple sentences of imprisonment shall run concurrently unless the court
  2 specifies that they shall run consecutively; except in the case of multiple sentences of
  3 imprisonment imposed for any offense committed during or at the same time as, or multiple
  4 offenses of, the following felonies:
5(1) Rape in the first degree, forcible rape, or rape;
6(2) Statutory rape in the first degree;
7(3) Sodomy in the first degree, forcible sodomy, or sodomy;
8(4) Statutory sodomy in the first degree; or
9(5) An attempt to commit any of the felonies listed in this subsection. In such case, the
CCS SS SCS HCS HBs 2637 & 3155  69
10 sentence of imprisonment imposed for any felony listed in this subsection or an attempt to
11 commit any of the aforesaid shall run consecutively to the other sentences. The sentences
12 imposed for any other offense may run concurrently.
132. If a person who is on probation, parole or conditional release is sentenced to a term
14 of imprisonment for an offense committed after the granting of probation or parole or after the
15 start of his or her conditional release term, the court shall direct the manner in which the
16 sentence or sentences imposed by the court shall run with respect to any resulting probation,
17 parole or conditional release revocation term or terms. If the subsequent sentence to
18 imprisonment is in another jurisdiction, the court shall specify how any resulting probation,
19 parole or conditional release revocation term or terms shall run with respect to the foreign
20 sentence of imprisonment.
213. A court may cause any sentence it imposes to run concurrently with a sentence an
22 individual is serving or is to serve in another state or in a federal correctional center. If the
23 Missouri sentence is served in another state or in a federal correctional center, subsection [4] 7
24 of section 558.011 and section 217.690 shall apply as if the individual were serving his or her
25 sentence within the department of corrections of the state of Missouri, except that a personal
26 hearing before the parole board shall not be required for parole consideration.
                  [558.031. 1. A sentence of imprisonment shall commence when a
2person convicted of an offense in this state is received into the custody of the
3department of corrections or other place of confinement where the offender
4is sentenced.
52. [Such] When placing a person on probation for a suspended
6imposition of sentence, probation for a suspended execution of sentence,
7or when executing a sentence of imprisonment, the court shall record, as
8part of each judgment, the number of days the person [shall receive credit
9toward the service of a sentence of imprisonment for all time] was in prison,
10jail, or custody, that was related to the offense, after the offense occurred
11and before [the commencement of the sentence, when the time in custody was
12related to that offense] being sentenced to imprisonment and the defendant
13shall be awarded credit toward the service of a sentence of imprisonment
14for that number of days. [This] The jail time credit calculation shall be
15based upon the certification of the sheriff as provided in subdivision (3) of
16subsection 2 of section 217.305 and may be supplemented by a certificate of
17a sheriff or other custodial officer from another jurisdiction having held the
18person on the charge of the offense for which the sentence of imprisonment
19is ordered and shall be pronounced at the time of the judgment, the
20execution of a suspended sentence, or the suspension of imposition of
21sentence, shall be included in the record, and shall include both the dates
22the person was in custody and the number of days to be credited toward
23the service of the sentence.
CCS SS SCS HCS HBs 2637 & 3155  70
243. For purposes of this section, time in custody related to an
25      offense includes time during which the offense was charged in a criminal
26      proceeding, there was an arrest warrant issued in said criminal
27      proceeding, and the arrest warrant was served upon the person, and
28      includes time served on house arrest. The person shall not be entitled to
29      any credit toward the service of a sentence of imprisonment for any time
30      such person was not being held on said arrest warrant because such
31      person posted bond, the arrest warrant was recalled, or the person was
32      otherwise released.
334. The court may take judicial notice of all time the person has
34      served in prison, jail, or custody, or on house arrest for a criminal
35      proceeding by comparing dates of service on arrest warrants with
36      evidence contained within the court file of dates of release and the
37      prosecution and defense attorney may enter into a stipulation with regard
38      to credit for the service of a sentence of imprisonment for all time in
39      prison, jail, or custody, or on house arrest except in no event may the
40      court approve a stipulation that is greater than or less than the time in
41      custody related to an offense.
425. Upon motion and notice by defendant or defense counsel, for
43      any such person who was held in a juvenile detention facility for an
44      offense for which such person was subsequently adjudicated to stand trial
45      as an adult, the court may also award credit toward the service of a
46      sentence of imprisonment for any time such person was confined in a
47      juvenile detention facility.
486. In the event a criminal proceeding related to an offense is
49      dismissed without prejudice by a court or nolle prossed by the state, upon
50      motion and notice by defendant or defense counsel, the proceeding may
51      be consolidated into the present matter for purposes of calculating credit
52      for the service of a sentence of imprisonment.
537. The officer required by law to deliver a person convicted of an
54      offense in this state to the department of corrections shall endorse upon the
55      papers required by section 217.305 both the dates the offender was in custody
56      and the period of time to be credited toward the service of the sentence of
57      imprisonment, [except as endorsed by such officer] included in the judgment
58      or suspended imposition of sentence and such additional days after the
59      pronouncement of sentence and before the delivery of the person to the
60      department of corrections.
61[4.] 8. If a person convicted of an offense escapes from custody, such
62      escape shall interrupt the sentence. The interruption shall continue until such
63      person is returned to the correctional center where the sentence was being
64      served, or in the case of a person committed to the custody of the department
65      of corrections, to any correctional center operated by the department of
66      corrections. An escape shall also interrupt the jail time credit to be applied to
67      a sentence which had not commenced when the escape occurred.
CCS SS SCS HCS HBs 2637 & 3155  71
68[5.] 9. If a sentence of imprisonment is vacated and a new sentence
69imposed upon the offender for that offense, all time served under the vacated
70sentence shall be credited against the new sentence, unless the time has
71already been credited to another sentence as provided in subsection 1 of this
72section.
73[6.] 10. If a person released from imprisonment on parole or serving
74a conditional release term violates any of the conditions of his or her parole
75or release, he or she may be treated as a parole violator. If the parole board
76revokes the parole or conditional release, the paroled person shall serve the
77remainder of the prison term and conditional release term, as an additional
78prison term, and the conditionally released person shall serve the remainder
79of the conditional release term as a prison term, unless released on parole.
80[7. Subsection 2 of this section shall be applicable to offenses for
81which the offender was sentenced on or after August 28, 2023.
828. The total amount of credit given shall not exceed the number of
83days spent in prison, jail, or custody after the offense occurred and before the
84commencement of the sentence.]
8511. A person may only challenge credit awarded or not awarded
86pursuant to this section by the filing of a petition for a writ of habeas
87corpus. ]
    558.031. 1. A sentence of imprisonment shall commence when a person convicted of
2 an offense in this state is received into the custody of the department of corrections or other
3 place of confinement where the offender is sentenced.
42. [Such] When placing a person on probation for a suspended imposition of
5 sentence, probation for a suspended execution of sentence, or when executing a sentence
6 of imprisonment, the court shall record, as part of each judgment, the number of days the
7 person [shall receive credit toward the service of a sentence of imprisonment for all time] was
8 in prison, jail, or custody, that was related to the offense, after the offense occurred and before
9 [the commencement of the sentence, when the time in custody was related to that offense] being
10 sentenced to imprisonment and the defendant shall be awarded credit toward the service
11 of a sentence of imprisonment for that number of days. [This] The jail time credit
12 calculation shall be based upon the certification of the sheriff as provided in subdivision (3) of
13 subsection 2 of section 217.305 and may be supplemented by a certificate of a sheriff or other
14 custodial officer from another jurisdiction having held the person on the charge of the offense
15 for which the sentence of imprisonment is ordered and shall be pronounced at the time of the
16 judgment, the execution of a suspended sentence, or the suspension of imposition of
17 sentence, shall be included in the record, and shall include both the dates the person was
18 in custody and the number of days to be credited toward the service of the sentence.
193. For purposes of this section, time in custody related to an offense includes time
CCS SS SCS HCS HBs 2637 & 3155  72
20 during which the offense was charged in a criminal proceeding, there was an arrest
21 warrant issued in said criminal proceeding, and the arrest warrant was served upon the
22 person, and includes time served on house arrest. The person shall not be entitled to any
23 credit toward the service of a sentence of imprisonment for any time such person was not
24 being held on said arrest warrant because such person posted bond, the arrest warrant was
25 recalled, or the person was otherwise released.
264. The court may take judicial notice of all time the person has served in prison,
27 jail, or custody, or on house arrest for a criminal proceeding by comparing dates of service
28 on arrest warrants with evidence contained within the court file of dates of release and the
29 prosecution and defense attorney may enter into a stipulation with regard to credit for the
30 service of a sentence of imprisonment for all time in prison, jail, or custody, or on house
31 arrest except in no event may the court approve a stipulation that is greater than or less
32 than the time in custody related to an offense.
335. Upon motion and notice by defendant or defense counsel, for any such person
34 who was held in a juvenile detention facility for an offense for which such person was
35 subsequently adjudicated to stand trial as an adult, the court may also award credit toward
36 the service of a sentence of imprisonment for any time such person was confined in a
37 juvenile detention facility.
386. In the event a criminal proceeding related to an offense is dismissed without
39 prejudice by a court or nolle prossed by the state, upon motion and notice by defendant or
40 defense counsel, the proceeding may be consolidated into the present matter for purposes
41 of calculating credit for the service of a sentence of imprisonment.
427. The officer required by law to deliver a person convicted of an offense in this state
43 to the department of corrections shall endorse upon the papers required by section 217.305 both
44 the dates the offender was in custody and the period of time to be credited toward the service of
45 the sentence of imprisonment, [except as endorsed by such officer] included in the judgment
46 or suspended imposition of sentence and such additional days after the pronouncement of
47 sentence and before the delivery of the person to the department of corrections.
48[4.] 8. If a person convicted of an offense escapes from custody, such escape shall
49 interrupt the sentence. The interruption shall continue until such person is returned to the
50 correctional center where the sentence was being served, or in the case of a person committed
51 to the custody of the department of corrections, to any correctional center operated by the
52 department of corrections. An escape shall also interrupt the jail time credit to be applied to a
53 sentence which had not commenced when the escape occurred.
54[5.] 9. If a sentence of imprisonment is vacated and a new sentence imposed upon the
55 offender for that offense, all time served under the vacated sentence shall be credited against the
CCS SS SCS HCS HBs 2637 & 3155  73
56 new sentence, unless the time has already been credited to another sentence as provided in
57 subsection 1 of this section.
58[6.] 10. If a person released from imprisonment on parole or serving a conditional
59 release term violates any of the conditions of his or her parole or release, he or she may be
60 treated as a parole violator. If the parole board revokes the parole or conditional release, the
61 paroled person shall serve the remainder of the prison term and conditional release term, as an
62 additional prison term, and the conditionally released person shall serve the remainder of the
63 conditional release term as a prison term, unless released on parole.
64[7. Subsection 2 of this section shall be applicable to offenses for which the offender was
65 sentenced on or after August 28, 2023.
668. The total amount of credit given shall not exceed the number of days spent in prison,
67 jail, or custody after the offense occurred and before the commencement of the sentence.]
6811. A person may only challenge credit awarded or not awarded pursuant to this
69 section by the filing of a petition for a writ of habeas corpus.
                  [558.046. The sentencing court may, upon petition, reduce any term
2of sentence or probation pronounced by the court or a term of conditional
3release or parole pronounced by the parole board if the court determines that:
4(1) The convicted person was:
5(a) Convicted of an offense that did not involve violence or the threat
6of violence; and
7(b) Convicted of an offense that involved alcohol or illegal drugs; and
8(2) Since the commission of such offense, the convicted person has
9successfully completed a detoxification and rehabilitation program; and
10(3) The convicted person is not:
11(a) A prior offender, a persistent offender, a dangerous offender or a
12persistent misdemeanor offender as defined by section 558.016; or
13(b) A persistent sexual offender as defined in section 566.125[; or
14(c) A prior offender, a persistent offender or a class X offender as
15defined in section 558.019].]
     558.046. The sentencing court may, upon petition, reduce any term of sentence or
 2 probation pronounced by the court or a term of conditional release or parole pronounced by the
 3 parole board if the court determines that:
4     (1) The convicted person was:
5     (a) Convicted of an offense that did not involve violence or the threat of violence; and
6     (b) Convicted of an offense that involved alcohol or illegal drugs; and
7     (2) Since the commission of such offense, the convicted person has successfully
 8 completed a detoxification and rehabilitation program; and
9     (3) The convicted person is not:
CCS SS SCS HCS HBs 2637 & 3155  74
10      (a) A prior offender, a persistent offender, a dangerous offender or a persistent
11 misdemeanor offender as defined by section 558.016; or
12      (b) A persistent sexual offender as defined in section 566.125[; or
13      (c) A prior offender, a persistent offender or a class X offender as defined in section
14 558.019].
               [559.115. 1. Neither probation nor parole shall be granted by the
2circuit court between the time the transcript on appeal from the offender's
3conviction has been filed in appellate court and the disposition of the appeal
4by such court.
52. Unless otherwise prohibited by subsection [8] 7 of this section, a
6circuit court only upon its own motion and not that of the state or the offender
7shall have the power to grant probation to an offender anytime up to one
8hundred twenty days after such offender has been delivered to the department
9of corrections but not thereafter. The court may request information and a
10recommendation from the department concerning the offender and such
11offender's behavior during the period of incarceration. Except as provided in
12this section, the court may place the offender on probation in a program
13created pursuant to section 217.777, or may place the offender on probation
14with any other conditions authorized by law.
153. The court may recommend placement of an offender in a
16department of corrections one hundred twenty-day program under this
17subsection. The department of corrections shall assess each offender to
18determine the appropriate one hundred twenty-day program in which to place
19the offender, which may include placement in the structured cognitive
20behavioral intervention program or institutional treatment program. The
21placement of an offender in the structured cognitive behavioral intervention
22program or institutional treatment program shall be at the sole discretion of the
23department based on the assessment of the offender and available bed space.
24When the court recommends and receives placement of an offender in a
25department of corrections one hundred twenty-day program, the offender shall
26be released on probation if the department of corrections determines that the
27offender has successfully completed the program except as follows. Upon
28successful completion of a program under this subsection, the division of
29probation and parole shall advise the sentencing court of an offender's
30probationary release date thirty days prior to release. The court shall follow
31the recommendation of the department unless the court determines that
32probation is not appropriate. If the court determines that probation is not
33appropriate, the court may order the execution of the offender's sentence only
34after conducting a hearing on the matter within ninety to one hundred twenty
35days from the date the offender was delivered to the department of
36corrections. If the department determines the offender has not successfully
37completed a one hundred twenty-day program under this subsection, the
38division of probation and parole shall advise the prosecuting attorney and the
CCS SS SCS HCS HBs 2637 & 3155  75
39      sentencing court of the defendant's unsuccessful program exit and the
40      defendant shall be removed from the program. The department shall report
41      on the offender's participation in the program and may provide
42      recommendations for terms and conditions of an offender's probation. The
43      court shall then have the power to grant probation or order the execution of
44      the offender's sentence.
454. If the court is advised that an offender is not eligible for placement
46      in a one hundred twenty-day program under subsection 3 of this section, the
47      court shall consider other authorized dispositions. If the department of
48      corrections one hundred twenty-day program under subsection 3 of this
49      section is full, the court may place the offender in a private program approved
50      by the department of corrections or the court, the expenses of such program
51      to be paid by the offender, or in an available program offered by another
52      organization. If the offender is convicted of a class C, class D, or class E
53      nonviolent felony, the court may order probation while awaiting appointment
54      to treatment.
555. Except when the offender has been found to be a predatory sexual
56      offender pursuant to section 566.125, the court shall request the department
57      of corrections to conduct a sexual offender assessment if the defendant has
58      been found guilty of sexual abuse when classified as a class B felony. Upon
59      completion of the assessment, the department shall provide to the court a
60      report on the offender and may provide recommendations for terms and
61      conditions of an offender's probation. The assessment shall not be considered
62      a one hundred twenty-day program as provided under subsection 3 of this
63      section. The process for granting probation to an offender who has completed
64      the assessment shall be as provided under subsections 2 and 6 of this section.
656. Unless the offender is being granted probation pursuant to
66      successful completion of a one hundred twenty-day program the circuit court
67      shall notify the state in writing when the court intends to grant probation to the
68      offender pursuant to the provisions of this section. The state may, in writing,
69      request a hearing within ten days of receipt of the court's notification that the
70      court intends to grant probation. Upon the state's request for a hearing, the
71      court shall grant a hearing as soon as reasonably possible. If the state does not
72      respond to the court's notice in writing within ten days, the court may proceed
73      upon its own motion to grant probation.
747. [An offender's first incarceration under this section prior to release
75      on probation shall not be considered a previous prison commitment for the
76      purpose of determining a minimum prison term under the provisions of section
77      558.019.
788.] Notwithstanding any other provision of law, probation may not be
79      granted pursuant to this section to offenders who have been convicted of
80      murder in the second degree pursuant to section 565.021; forcible rape
81      pursuant to section 566.030 as it existed prior to August 28, 2013; rape in the
82      first degree under section 566.030; forcible sodomy pursuant to section
CCS SS SCS HCS HBs 2637 & 3155  76
83566.060 as it existed prior to August 28, 2013; sodomy in the first degree
84under section 566.060; statutory rape in the first degree pursuant to section
85566.032; statutory sodomy in the first degree pursuant to section 566.062;
86child molestation in the first degree pursuant to section 566.067 when
87classified as a class A felony; abuse of a child pursuant to section 568.060
88when classified as a class A felony; or an offender who has been found to be
89a predatory sexual offender pursuant to section 566.125; any offense under
90section 557.045; or any offense in which there exists a statutory prohibition
91against either probation or parole.]
      559.115. 1. Neither probation nor parole shall be granted by the circuit court between
 2 the time the transcript on appeal from the offender's conviction has been filed in appellate court
 3 and the disposition of the appeal by such court.
42. Unless otherwise prohibited by subsection [8] 7 of this section, a circuit court only
5 upon its own motion and not that of the state or the offender shall have the power to grant
6 probation to an offender anytime up to one hundred twenty days after such offender has been
7 delivered to the department of corrections but not thereafter. The court may request information
8 and a recommendation from the department concerning the offender and such offender's
9 behavior during the period of incarceration. Except as provided in this section, the court may
10 place the offender on probation in a program created pursuant to section 217.777, or may place
11 the offender on probation with any other conditions authorized by law.
123. The court may recommend placement of an offender in a department of corrections
13 one hundred twenty-day program under this subsection. The department of corrections shall
14 assess each offender to determine the appropriate one hundred twenty-day program in which to
15 place the offender, which may include placement in the structured cognitive behavioral
16 intervention program or institutional treatment program. The placement of an offender in the
17 structured cognitive behavioral intervention program or institutional treatment program shall be
18 at the sole discretion of the department based on the assessment of the offender and available
19 bed space. When the court recommends and receives placement of an offender in a department
20 of corrections one hundred twenty-day program, the offender shall be released on probation if
21 the department of corrections determines that the offender has successfully completed the
22 program except as follows. Upon successful completion of a program under this subsection, the
23 division of probation and parole shall advise the sentencing court of an offender's probationary
24 release date thirty days prior to release. The court shall follow the recommendation of the
25 department unless the court determines that probation is not appropriate. If the court determines
26 that probation is not appropriate, the court may order the execution of the offender's sentence
27 only after conducting a hearing on the matter within ninety to one hundred twenty days from the
28 date the offender was delivered to the department of corrections. If the department determines
CCS SS SCS HCS HBs 2637 & 3155  77
29 the offender has not successfully completed a one hundred twenty-day program under this
30 subsection, the division of probation and parole shall advise the prosecuting attorney and the
31 sentencing court of the defendant's unsuccessful program exit and the defendant shall be
32 removed from the program. The department shall report on the offender's participation in the
33 program and may provide recommendations for terms and conditions of an offender's probation.
34 The court shall then have the power to grant probation or order the execution of the offender's
35 sentence.
364. If the court is advised that an offender is not eligible for placement in a one hundred
37 twenty-day program under subsection 3 of this section, the court shall consider other authorized
38 dispositions. If the department of corrections one hundred twenty-day program under subsection
39 3 of this section is full, the court may place the offender in a private program approved by the
40 department of corrections or the court, the expenses of such program to be paid by the offender,
41 or in an available program offered by another organization. If the offender is convicted of a class
42 C, class D, or class E nonviolent felony, the court may order probation while awaiting
43 appointment to treatment.
445. Except when the offender has been found to be a predatory sexual offender pursuant
45 to section 566.125, the court shall request the department of corrections to conduct a sexual
46 offender assessment if the defendant has been found guilty of sexual abuse when classified as
47 a class B felony. Upon completion of the assessment, the department shall provide to the court
48 a report on the offender and may provide recommendations for terms and conditions of an
49 offender's probation. The assessment shall not be considered a one hundred twenty-day program
50 as provided under subsection 3 of this section. The process for granting probation to an offender
51 who has completed the assessment shall be as provided under subsections 2 and 6 of this section.
526. Unless the offender is being granted probation pursuant to successful completion of
53 a one hundred twenty-day program the circuit court shall notify the state in writing when the
54 court intends to grant probation to the offender pursuant to the provisions of this section. The
55 state may, in writing, request a hearing within ten days of receipt of the court's notification that
56 the court intends to grant probation. Upon the state's request for a hearing, the court shall grant
57 a hearing as soon as reasonably possible. If the state does not respond to the court's notice in
58 writing within ten days, the court may proceed upon its own motion to grant probation.
597. [An offender's first incarceration under this section prior to release on probation shall
60 not be considered a previous prison commitment for the purpose of determining a minimum
61 prison term under the provisions of section 558.019.
628.] Notwithstanding any other provision of law, probation may not be granted pursuant
63 to this section to offenders who have been convicted of murder in the second degree pursuant
64 to section 565.021; forcible rape pursuant to section 566.030 as it existed prior to August 28,
CCS SS SCS HCS HBs 2637 & 3155  78
652013; rape in the first degree under section 566.030; forcible sodomy pursuant to section
66566.060 as it existed prior to August 28, 2013; sodomy in the first degree under section 566.060;
67statutory rape in the first degree pursuant to section 566.032; statutory sodomy in the first degree
68pursuant to section 566.062; child molestation in the first degree pursuant to section 566.067
69when classified as a class A felony; abuse of a child pursuant to section 568.060 when classified
70as a class A felony; or an offender who has been found to be a predatory sexual offender
71pursuant to section 566.125; any offense under section 557.045; or any offense in which there
72exists a statutory prohibition against either probation or parole.
     565.002. As used in this chapter, unless a different meaning is otherwise plainly required
2 the following terms mean:
3(1) "Adequate cause", cause that would reasonably produce a degree of passion in a
4 person of ordinary temperament sufficient to substantially impair an ordinary person's capacity
5 for self-control;
6(2) "Bodily harm", physical pain or injury, illness, or any impairment of physical
7 condition;
8(3) "Child", a person under [seventeen] eighteen years of age;
9[(3)] (4) "Conduct", includes any act or omission;
10[(4)] (5) "Course of conduct", a pattern of conduct composed of two or more acts, which
11 may include communication by any means, over a period of time, however short, evidencing a
12 continuity of purpose. Constitutionally protected activity is not included within the meaning of
13 course of conduct. Such constitutionally protected activity includes picketing or other organized
14 protests;
15[(5)] (6) "Deliberation", cool reflection for any length of time no matter how brief;
16[(6)] (7) "Domestic victim", a household or family member as the term "family" or
17 "household member" is defined in section 455.010, including any child who is a member of the
18 household or family;
19[(7)] (8) "Emotional distress", something markedly greater than the level of uneasiness,
20 nervousness, unhappiness, or the like which are commonly experienced in day-to-day living;
21[(8)] (9) "Full or partial nudity", the showing of all or any part of the human genitals,
22 pubic area, buttock, or any part of the nipple of the breast of any female person, with less than
23 a fully opaque covering;
24[(9)] (10) "Great bodily harm", bodily injury which creates a high probability of
25 death, or which causes serious permanent or protracted loss or impairment of function of
26 any bodily member or organ, or other serious bodily harm;
27(11) "Legal custody", the right to the care, custody and control of a child;
28[(10)] (12) "Parent", either a biological parent or a parent by adoption;
CCS SS SCS HCS HBs 2637 & 3155  79
29[(11)] (13) "Person having a right of custody", a parent or legal guardian of the child;
30[(12)] (14) "Photographs" or "films", the making of any photograph, motion picture film,
31 videotape, or any other recording or transmission of the image of a person;
32[(13)] (15) "Place where a person would have a reasonable expectation of privacy", any
33 place where a reasonable person would believe that a person could disrobe in privacy, without
34 being concerned that the person's undressing was being viewed, photographed or filmed by
35 another;
36[(14)] (16) "Special victim", any of the following:
37(a) A law enforcement officer assaulted in the performance of his or her official duties
38 or as a direct result of such official duties;
39(b) Emergency personnel, any paid or volunteer firefighter, emergency room, hospital,
40 or trauma center personnel, or emergency medical technician, assaulted in the performance of
41 his or her official duties or as a direct result of such official duties;
42(c) A probation and parole officer assaulted in the performance of his or her official
43 duties or as a direct result of such official duties;
44(d) An elderly person;
45(e) A person with a disability;
46(f) A vulnerable person;
47(g) Any jailer or corrections officer of the state or one of its political subdivisions
48 assaulted in the performance of his or her official duties or as a direct result of such official
49 duties;
50(h) A highway worker in a construction or work zone as the terms "highway worker",
51 "construction zone", and "work zone" are defined under section 304.580;
52(i) Any utility worker, meaning any employee of a utility that provides gas, heat,
53 electricity, water, steam, telecommunications services, or sewer services, whether privately,
54 municipally, or cooperatively owned, while in the performance of his or her job duties, including
55 any person employed under a contract;
56(j) Any cable worker, meaning any employee of a cable operator, as such term is defined
57 in section 67.2677, including any person employed under contract, while in the performance of
58 his or her job duties; and
59(k) Any employee of a mass transit system, including any employee of public bus or
60 light rail companies, while in the performance of his or her job duties;
61[(15)] (17) "Substantial bodily harm", bodily injury which involves a temporary
62 but substantial disfigurement, or which causes temporary but substantial loss or
63 impairment of the function of any bodily member or organ, or which causes a fracture of
64 any bodily member;
CCS SS SCS HCS HBs 2637 & 3155  80
65      (18) "Sudden passion", passion directly caused by and arising out of provocation by the
66victim or another acting with the victim which passion arises at the time of the offense and is not
67solely the result of former provocation;
68      [(16)] (19) "Technological abuse conduct", an act or pattern of behavior that is
69intended to harm, threaten, intimidate, control, stalk, harass, monitor, except as otherwise
70permitted by law, another person, that occurs using any form of technology, including
71internet enabled devices, online platforms, computers, mobile devices, cameras and
72imaging programs, apps, location tracking devices, or any other emerging technologies;
73      (20) "Trier", the judge or jurors to whom issues of fact, guilt or innocence, or the
74assessment and declaration of punishment are submitted for decision;
75      [(17)] (21) "Views", the looking upon of another person, with the unaided eye or with
76any device designed or intended to improve visual acuity, for the purpose of arousing or
77gratifying the sexual desire of any person.
     565.050. 1. A person commits the offense of assault in the first degree if he or she
2 attempts to kill or knowingly causes or attempts to cause [serious physical injury] great bodily
3 harm to another person.
42. The offense of assault in the first degree is a class B felony unless in the course
5 thereof the person inflicts [serious physical injury] great bodily harm on the victim, or if the
6 victim of such assault is a special victim, as the term "special victim" is defined under section
7 565.002, in which case it is a class A felony.
     565.052. 1. A person commits the offense of assault in the second degree if he or she:
2(1) Attempts to kill or knowingly causes or attempts to cause [serious physical injury]
3 great bodily harm to another person under the influence of sudden passion arising out of
4 adequate cause; or
5(2) Attempts to cause or knowingly causes [physical injury] bodily harm to another
6 person by means of a deadly weapon or dangerous instrument; or
7(3) Recklessly causes [serious physical injury] great bodily harm to another person;
8 or
9(4) Recklessly causes [physical injury] bodily harm to another person by means of
10 discharge of a firearm.
112. The defendant shall have the burden of injecting the issue of influence of sudden
12 passion arising from adequate cause under subdivision (1) of subsection 1 of this section.
133. The offense of assault in the second degree is a class D felony, unless the victim of
14 such assault is a special victim, as the term "special victim" is defined under section 565.002,
15 in which case it is a class B felony.
CCS SS SCS HCS HBs 2637 & 3155  81
    565.054. 1. A person commits the offense of assault in the third degree if he or she
 2 knowingly causes [physical injury] bodily harm to another person.
32. The offense of assault in the third degree is a class E felony, unless the victim of such
 4 assault is a special victim, as the term "special victim" is defined under section 565.002, in
 5 which case it is a class D felony.
      565.056. 1. A person commits the offense of assault in the fourth degree if:
2(1) The person attempts to cause or recklessly causes [physical injury, physical pain, or
 3 illness] bodily harm to another person;
4(2) With criminal negligence the person causes [physical injury] bodily harm to another
 5 person by means of a firearm;
6(3) The person purposely places another person in apprehension of immediate [physical
 7 injury] bodily harm;
8(4) The person recklessly engages in conduct which creates a substantial risk of death
 9 or [serious physical injury] great bodily harm to another person;
10(5) The person knowingly causes or attempts to cause physical contact with a person
11 with a disability, which a reasonable person, who does not have a disability, would consider
12 offensive or provocative; or
13(6) The person knowingly causes physical contact with another person knowing the
14 other person will regard the contact as offensive or provocative.
152. Except as provided in subsection 3 of this section, assault in the fourth degree is a
16 class A misdemeanor.
173. Violation of the provisions of subdivision (3) or (6) of subsection 1 of this section is
18 a class C misdemeanor unless the victim is a special victim, as the term "special victim" is
19 defined under section 565.002, in which case a violation of such provisions is a class A
20 misdemeanor.
      565.072. 1. A person commits the offense of domestic assault in the first degree if he
 2 or she attempts to kill or knowingly causes or attempts to cause [serious physical injury] great
 3 bodily harm to a domestic victim, as the term "domestic victim" is defined under section
 4 565.002.
52. The offense of domestic assault in the first degree is a class B felony unless in the
 6 course thereof the person inflicts serious physical injury on the victim, in which case it is a class
 7 A felony.
      565.073. 1. A person commits the offense of domestic assault in the second degree if
 2 the act involves a domestic victim, as the term "domestic victim" is defined under section
 3 565.002, and he or she:
4(1) Knowingly causes [physical injury] bodily harm to such domestic victim by any
CCS SS SCS HCS HBs 2637 & 3155  82
 5means, including but not limited to, use of a deadly weapon or dangerous instrument, or by
 6choking or strangulation; or
7      (2) Recklessly causes [serious physical injury] great bodily harm to such domestic
 8victim; or
9      (3) Recklessly causes [physical injury] bodily harm to such domestic victim by means
10of any deadly weapon.
11      2. The offense of domestic assault in the second degree is a class D felony.
     565.074. 1. A person commits the offense of domestic assault in the third degree if he
2 or she attempts to cause [physical injury] substantial bodily harm or knowingly causes
3 [physical pain or illness] bodily harm to a domestic victim, as the term "domestic victim" is
4 defined under section 565.002.
52. The offense of domestic assault in the third degree is a class E felony.
      565.076. 1. A person commits the offense of domestic assault in the fourth degree if the
 2 act involves a domestic victim, as the term "domestic victim" is defined under section 565.002,
 3 and:
4(1) The person attempts to cause or recklessly causes [physical injury, physical pain, or
5 illness] bodily harm to such domestic victim;
6(2) With criminal negligence the person causes [physical injury] bodily harm to such
7 domestic victim by means of a deadly weapon or dangerous instrument;
8(3) The person purposely places such domestic victim in apprehension of immediate
9 [physical injury] bodily harm by any means;
10(4) The person recklessly engages in conduct which creates a substantial risk of death
11 or [serious physical injury] great bodily harm to such domestic victim;
12(5) The person knowingly causes physical contact with such domestic victim knowing
13 he or she will regard the contact as offensive; or
14(6) The person knowingly attempts to cause or causes the isolation of such domestic
15 victim by unreasonably and substantially restricting or limiting his or her access to other
16 persons, telecommunication devices or transportation for the purpose of isolation.
172. The offense of domestic assault in the fourth degree is a class A misdemeanor, unless
18 the person has previously been found guilty of the offense of domestic assault, of any assault
19 offense under this chapter, or of any offense against a domestic victim committed in violation
20 of any county or municipal ordinance in any state, any state law, any federal law, or any military
21 law which if committed in this state two or more times would be a violation of this section, in
22 which case it is a class E felony. The offenses described in this subsection may be against the
23 same domestic victim or against different domestic victims.
CCS SS SCS HCS HBs 2637 & 3155  83
     565.090. 1. A person commits the offense of harassment in the first degree if he or she,
 2 without good cause, engages in any act with the purpose to cause emotional distress to another
 3 person, and such act does cause such person to suffer emotional distress.
4     2. The offense of harassment in the first degree is a class E felony, unless the defendant
 5has previously been found guilty of a violation of this section or section 565.091, or any
 6offense committed in another jurisdiction which, if committed in this state, would be
 7chargeable or indictable as a violation of any offense listed in this section or section
 8565.091, in which case harassment in the first degree is a class D felony.
9     3. This section shall not apply to activities of federal, state, county, or municipal law
10enforcement officers conducting investigations of violation of federal, state, county, or
11municipal law.
    565.091. 1. A person commits the offense of harassment in the second degree if he or
2 she, without good cause, engages in any act with the purpose to cause emotional distress to
3 another person.
42. The offense of harassment in the second degree is a class A misdemeanor, unless the
 5 [person has previously pleaded guilty to or been found guilty of a violation of this section, of any
 6 offense committed in violation of any county or municipal ordinance in any state, any state law,
 7 any federal law, or any military law which if committed in this state would be chargeable or
 8 indictable as a violation of any offense listed in this subsection, in which case it is a class E
 9 felony] defendant has previously been found guilty of a violation of this section or section
10 565.090, or of any offense committed in another jurisdiction which, if committed in this
11 state, would be chargeable or indictable as a violation of any offense listed in this section
12 or section 565.090, in which case harassment in the second degree is a class E felony.
133. This section shall not apply to activities of federal, state, county, or municipal law
14 enforcement officers conducting investigations of violations of federal, state, county, or
15 municipal law.
      565.225. 1. [As used in this section and section 565.227, the term "disturbs" shall mean
 2 to engage in a course of conduct directed at a specific person that serves no legitimate purpose
 3 and that would cause a reasonable person under the circumstances to be frightened, intimidated,
 4 or emotionally distressed.
52.] A person commits the offense of stalking in the first degree if he or she [purposely]
6 knowingly, through [his or her] a course of conduct[, disturbs or follows with the intent of
7 disturbing] that is directed at another person [and] or through technological abuse conduct,
8 engages in conduct that would cause a reasonable person under similar circumstances to:
9(1) [Makes a threat communicated with the intent to cause the person who is the target
10 of the threat to reasonably] Fear [for his or her safety, the safety of his or her family or
CCS SS SCS HCS HBs 2637 & 3155  84
11 household member, or the safety of domestic animals or livestock as defined in section 276.606
12 kept at such person's residence or on such person's property. The threat shall be against the life
13 of, or a threat to cause physical] death or bodily injury to[, or the kidnapping of] the person[,]
14 ;
15(2) Fear that an offense will be committed against a member of the person's family
16 or household members, or [the person's domestic animals or livestock as defined in section
17 276.606 kept at such person's residence or on such person's property] an individual with whom
18 the person has a dating relationship; [or
19(2) At least one of the acts constituting the course of conduct is in violation of an order
20 of protection and the person has received actual notice of such order; or]
21(3) [At least one of the actions constituting the course of conduct is in violation of a
22 condition of probation, parole, pretrial release, or release on bond pending appeal] Fear that an
23 offense will be committed against the person's property; or
24(4) [At any time during the course of conduct, the other person is seventeen years of age
25 or younger and the person disturbing the other person is twenty-one years of age or older; or
26(5) He or she has previously been found guilty of domestic assault, violation of an order
27 of protection, or any other crime where the other person was the victim; or
28(6) At any time during the course of conduct, the other person is a participant of the
29 address confidentiality program under sections 589.660 to 589.681, and the person disturbing
30 the other person knowingly accesses or attempts to access the address of the other person] Feel
31 harassed, terrified, or intimidated.
32[3.] 2. Any law enforcement officer may arrest, without a warrant, any person he or she
33 has probable cause to believe has violated the provisions of this section.
34[4.] 3. This section shall not apply to activities of federal, state, county, or municipal law
35 enforcement officers conducting investigations of any violation of federal, state, county, or
36 municipal law.
37[5.] 4. The offense of stalking in the first degree is a class E felony, unless the defendant
38 has previously been found guilty of a violation of this section or section 565.227, or any offense
39 committed in another jurisdiction which, if committed in this state, would be chargeable or
40 indictable as a violation of any offense listed in this section or section 565.227, or unless the
41 victim is intentionally targeted as a law enforcement officer, as defined in section 556.061, or
42 the victim is targeted because he or she is a relative within the second degree of consanguinity
43 or affinity to a law enforcement officer, in which case stalking in the first degree is a class D
44 felony.
       565.227. 1. A person commits the offense of stalking in the second degree if he or she
 2 [purposely, through his or her course of] knowingly engages in a course of conduct[, disturbs,
CCS SS SCS HCS HBs 2637 & 3155  85
 3 or follows with the intent to disturb another person] directed at a specific person or
 4 technological abuse conduct which would cause a reasonable person under the
 5 circumstances to feel harassed, terrified, or intimidated.
62. This section shall not apply to activities of federal, state, county, or municipal law
7 enforcement officers conducting investigations of any violation of federal, state, county, or
8 municipal law.
93. Any law enforcement officer may arrest, without a warrant, any person he or she has
10 probable cause to believe has violated the provisions of this section.
114. The offense of stalking in the second degree is a class A misdemeanor, unless the
12 defendant has previously been found guilty of a violation of this section or section 565.225, or
13 of any offense committed in another jurisdiction which, if committed in this state, would be
14 chargeable or indictable as a violation of any offense listed in this section or section 565.225,
15 or unless the victim is intentionally targeted as a law enforcement officer, as defined in section
16 556.061, or the victim is targeted because he or she is a relative within the second degree of
17 consanguinity or affinity to a law enforcement officer, in which case stalking in the second
18 degree is a class E felony.
        565.260. 1. Except as provided in subsection 2 of this section, a person commits the
2 offense of unlawful tracking of a motor vehicle if the person knowingly installs, conceals,
3 or otherwise places an electronic tracking device in or on a motor vehicle without the
4 consent of all owners of the vehicle for the purpose of monitoring or following an occupant
5 or occupants of the vehicle. As used in this section, "person" does not include the
6 manufacturer of the motor vehicle.
72. (1) It shall not be an offense under this section if the installing, concealing, or
8 placing of an electronic tracking device in or on a motor vehicle is by, or at the direction
9 of, a law enforcement officer in furtherance of a criminal investigation and such
10 investigation is carried out in accordance with applicable state and federal law.
11(2) If the installing, concealing, or placing of an electronic tracking device in or on
12 a motor vehicle is by, or at the direction of, a parent or legal guardian who owns or leases
13 the vehicle, and if the device is used solely for the purpose of monitoring the minor child
14 of the parent or legal guardian when the child is an occupant of the vehicle, the installation,
15 concealment, or placement of the device in or on the vehicle without the consent of any or
16 all occupants of the vehicle shall not be an offense under this section.
17(3) It shall not be an offense under this section if the installing, concealing, or
18 placing of an electronic tracking device in or on a motor vehicle is for the purpose of
19 tracking the location of stolen goods being transported in the vehicle or for the purpose of
20 tracking the location of the vehicle if the motor vehicle is stolen.
CCS SS SCS HCS HBs 2637 & 3155  86
21      (4) It shall not be an offense under this section if the installing, concealing, or
22placing of an electronic tracking device in or on a motor vehicle is by a legally authorized
23representative of a vulnerable adult. As used in this subdivision, "vulnerable adult" means
24any person eighteen years of age or older who is impaired by reason of mental illness,
25intellectual or developmental disability, physical illness or disability, or other causes,
26including age, to the extent the adult lacks sufficient understanding or capacity to make,
27communicate, or carry out reasonable decisions concerning his or her well-being or has
28one or more limitations that substantially impair the adult's ability to independently
29provide for his or her daily needs or safeguard his or her person, property, or legal
30interests.
31      (5) If the installing, concealing, or placing of an electronic tracking device in or on
32a motor vehicle is by, or at the direction of, a person who obtains consent from all owners
33of the vehicle, the installation, concealment, or placement of the device in or on the vehicle
34shall not be an offense under this section.
35      (6) It shall not be an offense under this section if the installing, concealing, or
36placing of an electronic tracking device in or on a motor vehicle is by a vehicle rental,
37sharing, or leasing company that rents motor vehicles for the purpose of tracking or
38managing the motor vehicles owned by such company or providing services to customers.
39      (7) It shall not be an offense under this section if the installing, concealing, or
40placing of an electronic tracking device in or on a motor vehicle is by a lienholder or agent
41of a lienholder acting to track the movement or location of a motor vehicle in order to
42repossess the motor vehicle.
43      (8) It shall not be an offense under this section if the installing, concealing, or
44placing of an electronic tracking device in or on a motor vehicle is for any party to
45participate in a voluntary usage-based insurance program. "Voluntary usage-based
46insurance program" shall mean any program implemented by, or on behalf of, an
47insurance company that collects, records, or transmits information relating to driving
48behavior of an insured party.
49      3. The provisions of this section shall not apply to a tracking system installed by the
50manufacturer of a motor vehicle.
51      4. The offense of unlawful tracking of a motor vehicle is a class A misdemeanor for
52a first offense and a class E felony for any second or subsequent offense.
     565.400. 1. A person commits the offense of cyberharassment if such person
2 purposely or knowingly engages in a threatening, aggressive, or otherwise fear-inducing,
3 course of conduct by using digital technology, internet service providers, electronic service
CCS SS SCS HCS HBs 2637 & 3155  87
 4 providers or other electronic communications and devices to cause reasonable fear, alarm,
 5 anxiety, undue stress, or terror to others by repeated contact with no legitimate purpose.
6      2. The first offense of cyberharassment shall be a class B misdemeanor. A second
 7 and any subsequent offense shall be a class A misdemeanor.
     565.405. 1. A person commits the offense of cyberstalking if such person purposely
 2 or knowingly engages in a threatening, aggressive, or otherwise fear-inducing, course of
 3 conduct by using digital technology, internet service providers, electronic service providers
 4 or other electronic communications and devices to enhance the ability to intimidate, track,
 5 follow or cause reasonable fear, alarm, anxiety, undue stress, or terror to another person.
6     2. The first offense of cyberstalking shall be a class A misdemeanor. A second and
 7 any subsequent offense shall be a class E felony.
              [566.030. 1. A person commits the offense of rape in the first degree
2if he or she has sexual intercourse with another person who is incapacitated,
3incapable of consent, or lacks the capacity to consent, or by the use of forcible
4compulsion. Forcible compulsion includes the use of a substance
5administered without a victim's knowledge or consent which renders the
6victim physically or mentally impaired so as to be incapable of making an
7informed consent to sexual intercourse.
82. The offense of rape in the first degree or an attempt to commit rape
9in the first degree is a class A felony for which the authorized term of
10imprisonment is life imprisonment or a term of years not less than [five] ten
11years, not to exceed thirty years, unless:
12(1) The offense is an aggravated sexual offense, in which case the
13authorized term of imprisonment is life imprisonment as defined in section
14558.011 or [a term of years not less than fifteen years] life imprisonment
15without eligibility for probation or parole;
16(2) The person is a persistent or predatory sexual offender as defined
17in section 566.125 and subjected to an extended term of imprisonment under
18said section;
19(3) The victim is a child less than twelve years of age, in which case
20the required term of imprisonment is life imprisonment as defined in section
21558.011 or life imprisonment without eligibility for probation or parole [until
22the offender has served not less than thirty years of such sentence or unless the
23offender has reached the age of seventy-five years and has served at least
24fifteen years of such sentence, unless such rape in the first degree is described
25under subdivision (4) of this subsection]; or
26(4) The victim is a child less than twelve years of age and such rape
27in the first degree or attempt to commit rape in the first degree was
28outrageously or wantonly vile, horrible or inhumane, in that it involved torture
29or depravity of mind, in which case the required term of imprisonment is life
30imprisonment without eligibility for probation, parole or conditional release.
313. [Subsection 4 of section 558.019 shall not apply to the sentence of
CCS SS SCS HCS HBs 2637 & 3155  88
32a person who has been found guilty of rape in the first degree or attempt to
33commit rape in the first degree when the victim is less than twelve years of
34age, and "life imprisonment" shall mean imprisonment for the duration of a
35person's natural life for the purposes of this section.
364.] No person found guilty of rape in the first degree or an attempt to
37commit rape in the first degree shall be granted a suspended imposition of
38sentence or suspended execution of sentence.]
        566.030. 1. A person commits the offense of rape in the first degree if he or she has
2 sexual intercourse with another person who is incapacitated, incapable of consent, or lacks the
3 capacity to consent, or by the use of forcible compulsion. Forcible compulsion includes the use
4 of a substance administered without a victim's knowledge or consent which renders the victim
5 physically or mentally impaired so as to be incapable of making an informed consent to sexual
6 intercourse.
72. The offense of rape in the first degree or an attempt to commit rape in the first degree
8 is a class A felony for which the authorized term of imprisonment is life imprisonment or a term
9 of years not less than [five] ten years, not to exceed thirty years, unless:
10(1) The offense is an aggravated sexual offense, in which case the authorized term of
11 imprisonment is life imprisonment as defined in section 558.011 or [a term of years not less
12 than fifteen years] life imprisonment without eligibility for probation or parole;
13(2) The person is a persistent or predatory sexual offender as defined in section 566.125
14 and subjected to an extended term of imprisonment under said section;
15(3) The victim is a child less than twelve years of age, in which case the required term
16 of imprisonment is life imprisonment as defined in section 558.011 or life imprisonment
17 without eligibility for probation or parole [until the offender has served not less than thirty years
18 of such sentence or unless the offender has reached the age of seventy-five years and has served
19 at least fifteen years of such sentence, unless such rape in the first degree is described under
20 subdivision (4) of this subsection]; or
21(4) The victim is a child less than twelve years of age and such rape in the first degree
22 or attempt to commit rape in the first degree was outrageously or wantonly vile, horrible or
23 inhumane, in that it involved torture or depravity of mind, in which case the required term of
24 imprisonment is life imprisonment without eligibility for probation, parole or conditional release.
253. [Subsection 4 of section 558.019 shall not apply to the sentence of a person who has
26 been found guilty of rape in the first degree or attempt to commit rape in the first degree when
27 the victim is less than twelve years of age, and "life imprisonment" shall mean imprisonment for
28 the duration of a person's natural life for the purposes of this section.
294.] No person found guilty of rape in the first degree or an attempt to commit rape in the
30 first degree shall be granted a suspended imposition of sentence or suspended execution of
CCS SS SCS HCS HBs 2637 & 3155  89
31 sentence.
     566.032. 1. A person commits the offense of statutory rape in the first degree if he or
 2 she has sexual intercourse with another person who is less than fourteen years of age.
32. The offense of statutory rape in the first degree or an attempt to commit statutory rape
4 in the first degree is a felony for which the authorized term of imprisonment is life imprisonment
5 or a term of years not less than [five] ten years, unless:
6(1) The offense is an aggravated sexual offense, or the victim is less than twelve years
7 of age in which case the authorized term of imprisonment is life imprisonment or a term of years
8 not less than [ten] fifteen years; or
9(2) The person is a persistent or predatory sexual offender as defined in section 566.125
10 and subjected to an extended term of imprisonment under said section.
                    [566.060. 1. A person commits the offense of sodomy in the first
2degree if he or she has deviate sexual intercourse with another person who is
3incapacitated, incapable of consent, or lacks the capacity to consent, or by the
4use of forcible compulsion. Forcible compulsion includes the use of a
5substance administered without a victim's knowledge or consent which
6renders the victim physically or mentally impaired so as to be incapable of
7making an informed consent to sexual intercourse.
82. The offense of sodomy in the first degree or an attempt to commit
9sodomy in the first degree is a felony for which the authorized term of
10imprisonment is life imprisonment or a term of years not less than five years,
11unless:
12(1) The offense is an aggravated sexual offense, in which case the
13authorized term of imprisonment is life imprisonment or a term of years not
14less than ten years;
15(2) The person is a persistent or predatory sexual offender as defined
16in section 566.125 and subjected to an extended term of imprisonment under
17said section;
18(3) The victim is a child less than twelve years of age, in which case
19the required term of imprisonment is life imprisonment as defined in section
20558.011 or life imprisonment without eligibility for probation or parole [until
21the offender has served not less than thirty years of such sentence or unless the
22offender has reached the age of seventy-five years and has served at least
23fifteen years of such sentence, unless such sodomy in the first degree is
24described under subdivision (4) of this subsection]; or
25(4) The victim is a child less than twelve years of age and such
26sodomy in the first degree or attempt to commit sodomy in the first degree
27was outrageously or wantonly vile, horrible or inhumane, in that it involved
28torture or depravity of mind, in which case the required term of imprisonment
29is life imprisonment without eligibility for probation, parole or conditional
30release.
313. [Subsection 4 of section 558.019 shall not apply to the sentence of
CCS SS SCS HCS HBs 2637 & 3155  90
32a person who has been found guilty of sodomy in the first degree or an attempt
33to commit sodomy in the first degree when the victim is less than twelve years
34of age, and "life imprisonment" shall mean imprisonment for the duration of
35a person's natural life for the purposes of this section.
364.] No person found guilty of sodomy in the first degree or an attempt
37to commit sodomy in the first degree shall be granted a suspended imposition
38of sentence or suspended execution of sentence.]
        566.060. 1. A person commits the offense of sodomy in the first degree if he or she has
2  deviate sexual intercourse with another person who is incapacitated, incapable of consent, or
3  lacks the capacity to consent, or by the use of forcible compulsion. Forcible compulsion
4  includes the use of a substance administered without a victim's knowledge or consent which
5  renders the victim physically or mentally impaired so as to be incapable of making an informed
6  consent to sexual intercourse.
72. The offense of sodomy in the first degree or an attempt to commit sodomy in the first
8 degree is a felony for which the authorized term of imprisonment is life imprisonment or a term
9 of years not less than five years, unless:
10(1) The offense is an aggravated sexual offense, in which case the authorized term of
11 imprisonment is life imprisonment or a term of years not less than ten years;
12(2) The person is a persistent or predatory sexual offender as defined in section 566.125
13 and subjected to an extended term of imprisonment under said section;
14(3) The victim is a child less than twelve years of age, in which case the required term
15 of imprisonment is life imprisonment as defined in section 558.011 or life imprisonment
16 without eligibility for probation or parole [until the offender has served not less than thirty years
17 of such sentence or unless the offender has reached the age of seventy-five years and has served
18 at least fifteen years of such sentence, unless such sodomy in the first degree is described under
19 subdivision (4) of this subsection]; or
20(4) The victim is a child less than twelve years of age and such sodomy in the first
21 degree or attempt to commit sodomy in the first degree was outrageously or wantonly vile,
22 horrible or inhumane, in that it involved torture or depravity of mind, in which case the required
23 term of imprisonment is life imprisonment without eligibility for probation, parole or conditional
24 release.
253. [Subsection 4 of section 558.019 shall not apply to the sentence of a person who has
26 been found guilty of sodomy in the first degree or an attempt to commit sodomy in the first
27 degree when the victim is less than twelve years of age, and "life imprisonment" shall mean
28 imprisonment for the duration of a person's natural life for the purposes of this section.
294.] No person found guilty of sodomy in the first degree or an attempt to commit sodomy
30 in the first degree shall be granted a suspended imposition of sentence or suspended execution
 CCS SS SCS HCS HBs 2637 & 3155  91
31 of sentence.
      566.103. 1. A person or entity commits the offense of promoting online sexual
 2 solicitation if such person or entity knowingly permits a web-based classified service owned or
 3 operated by such person or entity to be used by individuals to post advertisements promoting
 4 prostitution, enticing a child to engage in sexual conduct, or promoting sexual trafficking of a
 5 child after receiving notice under this section.
62. As used in this section, the term "web-based classified service" means a person or
7 entity in whose name a specific URL or internet domain name is registered which has
8 advertisements for goods and services or personal advertisements.
93. An advertisement may be deemed to promote prostitution, entice a child to engage
10 in sexual conduct, or promote sexual trafficking of a child, if the content of such advertisement
11 would be interpreted by a reasonable person as offering to exchange sexual conduct for goods
12 or services in violation of chapter 567, as seeking a child for the purpose of sexual conduct or
13 commercial sex act, or as offering a child as a participant in sexual conduct or commercial sex
14 act in violation of section 566.151, 566.210, or 566.211.
154. It shall be prima facie evidence that a person or entity acts knowingly if an
16 advertisement is not removed from the web-based classified service within seventy-two hours
17 of that person or entity being notified that an advertisement has been posted on that service
18 which is prohibited under this section.
195. Notice under this section may be provided by certified mail or facsimile transmission
20 by the attorney general or any prosecuting attorney or circuit attorney.
216. A violation of this section shall be a class E felony, punishable by imprisonment or
22 a fine in the amount of five thousand dollars per day that the advertisement remains posted on
23 the web-based classified service after seventy-two hours of when notice has been provided
24 pursuant to this section, or by both such fine and imprisonment.
257. Original jurisdiction for prosecution of a violation of this section shall be with the
26 local prosecuting attorney or circuit attorney.
                  [566.125. 1. The court shall sentence a person to an extended term of
2imprisonment if it finds the defendant is a persistent sexual offender and has
3been found guilty of attempting to commit or committing the following
4offenses:
5(1) Statutory rape in the first degree or statutory sodomy in the first
6degree;
7(2) Rape in the first degree or sodomy in the first degree;
8(3) Forcible rape;
9(4) Forcible sodomy;
10(5) Rape;
11(6) Sodomy.
CCS SS SCS HCS HBs 2637 & 3155  92
122. A "persistent sexual offender" is one who has previously been
13      found guilty of attempting to commit or committing any of the offenses listed
14      in subsection 1 of this section or one who has previously been found guilty of
15      an offense in any other jurisdiction which would constitute any of the offenses
16      listed in subsection 1 of this section.
173. The term of imprisonment for one found to be a persistent sexual
18      offender shall be imprisonment for life without eligibility for probation or
19      parole. [Subsection 4 of section 558.019 shall not apply to any person
20      imprisoned under this subsection, and] "Imprisonment for life" shall mean
21      imprisonment for the duration of the person's natural life.
224. The court shall sentence a person to an extended term of
23      imprisonment as provided for in this section if it finds the defendant is a
24      predatory sexual offender and has been found guilty of committing or
25      attempting to commit any of the offenses listed in subsection 1 of this section
26      or committing child molestation in the first or second degree or sexual abuse
27      when classified as a class B felony.
285. For purposes of this section, a "predatory sexual offender" is a
29      person who:
30(1) Has previously been found guilty of committing or attempting to
31      commit any of the offenses listed in subsection 1 of this section, or
32      committing child molestation in the first or second degree, or sexual abuse
33      when classified as a class B felony; or
34(2) Has previously committed an act which would constitute an
35      offense listed in subsection 4 of this section, whether or not the act resulted in
36      a conviction; or
37(3) Has committed an act or acts against more than one victim which
38      would constitute an offense or offenses listed in subsection 4 of this section,
39      whether or not the defendant was charged with an additional offense or
40      offenses as a result of such act or acts.
416. A person found to be a predatory sexual offender shall be
42      imprisoned for life with eligibility for parole[, however subsection 4 of section
43      558.019 shall not apply to persons found to be predatory sexual offenders for
44      the purposes of determining the minimum prison term or the length of
45      sentence as defined or used in such subsection]. Notwithstanding any other
46      provision of law, in no event shall a person found to be a predatory sexual
47      offender receive a final discharge from parole.
487. Notwithstanding any other provision of law, the court shall set the
49      minimum time required to be served before a predatory sexual offender is
50      eligible for parole, conditional release or other early release by the department
51      of corrections. The minimum time to be served by a person found to be a
52      predatory sexual offender who:
53(1) Has previously been found guilty of committing or attempting to
54      commit any of the offenses listed in subsection 1 of this section and is found
55      guilty of committing or attempting to commit any of the offenses listed in
CCS SS SCS HCS HBs 2637 & 3155  93
56subsection 1 of this section shall be any number of years but not less than
57thirty years;
58(2) Has previously been found guilty of child molestation in the first
59or second degree, or sexual abuse when classified as a class B felony and is
60found guilty of attempting to commit or committing any of the offenses listed
61in subsection 1 of this section shall be any number of years but not less than
62fifteen years;
63(3) Has previously been found guilty of committing or attempting to
64commit any of the offenses listed in subsection 1 of this section, or
65committing child molestation in the first or second degree, or sexual abuse
66when classified as a class B felony shall be any number of years but not less
67than fifteen years;
68(4) Has previously been found guilty of child molestation in the first
69degree or second degree, or sexual abuse when classified as a class B felony,
70and is found guilty of child molestation in the first or second degree, or sexual
71abuse when classified as a class B felony shall be any number of years but not
72less than fifteen years;
73(5) Is found to be a predatory sexual offender pursuant to subdivision
74(2) or (3) of subsection 5 of this section shall be any number of years within
75the range to which the person could have been sentenced pursuant to the
76applicable law if the person was not found to be a predatory sexual offender.
778. Notwithstanding any provision of law to the contrary, the
78department of corrections, or any division thereof, may not furlough an
79individual found to be and sentenced as a persistent sexual offender or a
80predatory sexual offender.]
      566.125. 1. The court shall sentence a person to an extended term of imprisonment if
2 it finds the defendant is a persistent sexual offender and has been found guilty of attempting to
3 commit or committing the following offenses:
4(1) Statutory rape in the first degree or statutory sodomy in the first degree;
5(2) Rape in the first degree or sodomy in the first degree;
6(3) Forcible rape;
7(4) Forcible sodomy;
8(5) Rape;
9(6) Sodomy.
102. A "persistent sexual offender" is one who has previously been found guilty of
11 attempting to commit or committing any of the offenses listed in subsection 1 of this section or
12 one who has previously been found guilty of an offense in any other jurisdiction which would
13 constitute any of the offenses listed in subsection 1 of this section.
143. The term of imprisonment for one found to be a persistent sexual offender shall be
15 imprisonment for life without eligibility for probation or parole. [Subsection 4 of section
CCS SS SCS HCS HBs 2637 & 3155  94
16 558.019 shall not apply to any person imprisoned under this subsection, and] "Imprisonment for
17 life" shall mean imprisonment for the duration of the person's natural life.
184. The court shall sentence a person to an extended term of imprisonment as provided
19 for in this section if it finds the defendant is a predatory sexual offender and has been found
20 guilty of committing or attempting to commit any of the offenses listed in subsection 1 of this
21 section or committing child molestation in the first or second degree or sexual abuse when
22 classified as a class B felony.
235. For purposes of this section, a "predatory sexual offender" is a person who:
24(1) Has previously been found guilty of committing or attempting to commit any of the
25 offenses listed in subsection 1 of this section, or committing child molestation in the first or
26 second degree, or sexual abuse when classified as a class B felony; or
27(2) Has previously committed an act which would constitute an offense listed in
28 subsection 4 of this section, whether or not the act resulted in a conviction; or
29(3) Has committed an act or acts against more than one victim which would constitute
30 an offense or offenses listed in subsection 4 of this section, whether or not the defendant was
31 charged with an additional offense or offenses as a result of such act or acts.
326. A person found to be a predatory sexual offender shall be imprisoned for life with
33 eligibility for parole[, however subsection 4 of section 558.019 shall not apply to persons found
34 to be predatory sexual offenders for the purposes of determining the minimum prison term or
35 the length of sentence as defined or used in such subsection]. Notwithstanding any other
36 provision of law, in no event shall a person found to be a predatory sexual offender receive a
37 final discharge from parole.
387. Notwithstanding any other provision of law, the court shall set the minimum time
39 required to be served before a predatory sexual offender is eligible for parole, conditional release
40 or other early release by the department of corrections. The minimum time to be served by a
41 person found to be a predatory sexual offender who:
42(1) Has previously been found guilty of committing or attempting to commit any of the
43 offenses listed in subsection 1 of this section and is found guilty of committing or attempting to
44 commit any of the offenses listed in subsection 1 of this section shall be any number of years but
45 not less than thirty years;
46(2) Has previously been found guilty of child molestation in the first or second degree,
47 or sexual abuse when classified as a class B felony and is found guilty of attempting to commit
48 or committing any of the offenses listed in subsection 1 of this section shall be any number of
49 years but not less than fifteen years;
50(3) Has previously been found guilty of committing or attempting to commit any of the
51 offenses listed in subsection 1 of this section, or committing child molestation in the first or
CCS SS SCS HCS HBs 2637 & 3155  95
52second degree, or sexual abuse when classified as a class B felony shall be any number of years
53but not less than fifteen years;
54      (4) Has previously been found guilty of child molestation in the first degree or second
55degree, or sexual abuse when classified as a class B felony, and is found guilty of child
56molestation in the first or second degree, or sexual abuse when classified as a class B felony
57shall be any number of years but not less than fifteen years;
58      (5) Is found to be a predatory sexual offender pursuant to subdivision (2) or (3) of
59subsection 5 of this section shall be any number of years within the range to which the person
60could have been sentenced pursuant to the applicable law if the person was not found to be a
61predatory sexual offender.
62      8. Notwithstanding any provision of law to the contrary, the department of corrections,
63or any division thereof, may not furlough an individual found to be and sentenced as a persistent
64sexual offender or a predatory sexual offender.
     566.203. 1. A person commits the offense of abusing an individual through forced labor
2 by knowingly providing or obtaining the labor or services of a person:
3(1) By causing or threatening to cause serious physical injury to any person;
4(2) By physically restraining or threatening to physically restrain another person;
5(3) By blackmail;
6(4) By means of any scheme, plan, or pattern of behavior intended to cause such person
 7 to believe that, if the person does not perform the labor services, the person or another person
 8 will suffer serious physical injury, physical restraint, or financial harm; or
9(5) By means of the abuse or threatened abuse of the law or the legal process.
102. A person who is found guilty of the crime of abuse through forced labor shall not be
11 required to register as a sexual offender pursuant to the provisions of section 589.400, unless
12 such person is otherwise required to register pursuant to the provisions of such section.
133. The offense of abuse through forced labor is a felony punishable by imprisonment for
14 a term of years not less than five years and not more than twenty years and a fine not to exceed
15 two hundred fifty thousand dollars.
164. If death results from a violation of this section, or if the violation includes kidnapping
17 or an attempt to kidnap, sexual abuse when punishable as a class B felony, or an attempt to
18 commit sexual abuse when punishable as a class B felony, or an attempt to kill, it shall be
19 punishable for a term of years not less than [five] ten years or life and a fine not to exceed two
20 hundred fifty thousand dollars.
      566.209. 1. A person commits the [crime] offense of trafficking for the purposes of
 2 sexual exploitation if a person knowingly recruits, entices, harbors, transports, provides,
 3 advertises the availability of or obtains by any means, including but not limited to through the
CCS SS SCS HCS HBs 2637 & 3155  96
4 use of force, intoxicating or inhibiting substances, abduction, coercion, fraud, deception,
5 blackmail, or causing or threatening to cause financial harm, another person for the use or
6 employment of such person in a commercial sex act, sexual conduct, a sexual performance, or
7 the production of explicit sexual material as defined in section 573.010, without his or her
8 consent, or benefits, financially or by receiving anything of value, from participation in such
9 activities.
102. The [crime] offense of trafficking for the purposes of sexual exploitation is a felony
11 punishable by imprisonment for a term of years not less than five years and not more than twenty
12 years and a fine not to exceed two hundred fifty thousand dollars. If a violation of this section
13 was effected by force, abduction, or coercion, the crime of trafficking for the purposes of sexual
14 exploitation is a felony punishable by imprisonment for a term of years not less than ten years
15 or life and a fine not to exceed two hundred fifty thousand dollars.
                  [566.210. 1. A person commits the offense of sexual trafficking of a
2child in the first degree if he or she knowingly:
3(1) Recruits, entices, harbors, transports, provides, or obtains by any
4means, including but not limited to through the use of force, abduction,
5coercion, fraud, deception, blackmail, or causing or threatening to cause
6financial harm, a person under the age of fourteen to participate in a
7commercial sex act, a sexual performance, or the production of explicit sexual
8material as defined in section 573.010, or benefits, financially or by receiving
9anything of value, from participation in such activities;
10(2) Causes a person under the age of fourteen to engage in a
11commercial sex act, a sexual performance, or the production of explicit sexual
12material as defined in section 573.010; or
13(3) Advertises the availability of a person under the age of fourteen
14to participate in a commercial sex act, a sexual performance, or the production
15of explicit sexual material as defined in section 573.010.
162. It shall not be a defense that the defendant believed that the person
17was fourteen years of age or older.
183. The offense of sexual trafficking of a child in the first degree is a
19felony for which the authorized term of imprisonment is life imprisonment
20without eligibility for probation or parole until the offender has served not less
21than thirty years of such sentence. [Subsection 4 of section 558.019 shall not
22apply to the sentence of a person who has been found guilty of sexual
23trafficking of a child less than fourteen years of age, and "life imprisonment"
24shall mean imprisonment for the duration of a person's natural life for the
25purposes of this section.]]
    566.210. 1. A person commits the offense of sexual trafficking of a child in the first
2 degree if he or she knowingly:
3(1) Recruits, entices, harbors, transports, provides, or obtains by any means, including
CCS SS SCS HCS HBs 2637 & 3155  97
4 but not limited to through the use of force, abduction, coercion, fraud, deception, blackmail, or
5 causing or threatening to cause financial harm, a person under the age of fourteen to participate
6 in a commercial sex act, a sexual performance, or the production of explicit sexual material as
7 defined in section 573.010, or benefits, financially or by receiving anything of value, from
8 participation in such activities;
9(2) Causes a person under the age of fourteen to engage in a commercial sex act, a
10 sexual performance, or the production of explicit sexual material as defined in section 573.010;
11 or
12(3) Advertises the availability of a person under the age of fourteen to participate in a
13 commercial sex act, a sexual performance, or the production of explicit sexual material as
14 defined in section 573.010.
152. It shall not be a defense that the defendant believed that the person was fourteen years
16 of age or older.
173. The offense of sexual trafficking of a child in the first degree is a felony for which the
18 authorized term of imprisonment is life imprisonment without eligibility for probation or parole
19 until the offender has served not less than thirty years of such sentence. [Subsection 4 of section
20 558.019 shall not apply to the sentence of a person who has been found guilty of sexual
21 trafficking of a child less than fourteen years of age, and "life imprisonment" shall mean
22 imprisonment for the duration of a person's natural life for the purposes of this section.]
                  [566.211. 1. A person commits the offense of sexual trafficking of a
2child in the second degree if he or she knowingly:
3(1) Recruits, entices, harbors, transports, provides, or obtains by any
4means, including but not limited to through the use of force, abduction,
5coercion, fraud, deception, blackmail, or causing or threatening to cause
6financial harm, a person under the age of eighteen to participate in a
7commercial sex act, a sexual performance, or the production of explicit sexual
8material as defined in section 573.010, or benefits, financially or by receiving
9anything of value, from participation in such activities;
10(2) Causes a person under the age of eighteen to engage in a
11commercial sex act, a sexual performance, or the production of explicit sexual
12material as defined in section 573.010; or
13(3) Advertises the availability of a person under the age of eighteen
14to participate in a commercial sex act, a sexual performance, or the production
15of explicit sexual material as defined in section 573.010.
162. It shall not be a defense that the defendant believed that the person
17was eighteen years of age or older.
183. The offense of sexual trafficking of a child in the second degree is
19a felony punishable by imprisonment for a term of years not less than twenty
20years or life and a fine not to exceed two hundred fifty thousand dollars if the
21child is under the age of eighteen. If a violation of this section was effected
CCS SS SCS HCS HBs 2637 & 3155  98
22by force, abduction, or coercion, the [crime] offense of sexual trafficking of
23a child shall be a felony for which the authorized term of imprisonment is life
24imprisonment without eligibility for probation or parole until the defendant
25has served [not less than twenty-five years] eighty-five percent of such
26sentence as provided under section 558.011.]
     566.211. 1. A person commits the offense of sexual trafficking of a child in the second
 2 degree if he or she knowingly:
3(1) Recruits, entices, harbors, transports, provides, or obtains by any means, including
 4 but not limited to through the use of force, abduction, coercion, fraud, deception, blackmail, or
 5 causing or threatening to cause financial harm, a person under the age of eighteen to participate
 6 in a commercial sex act, a sexual performance, or the production of explicit sexual material as
 7 defined in section 573.010, or benefits, financially or by receiving anything of value, from
 8 participation in such activities;
9(2) Causes a person under the age of eighteen to engage in a commercial sex act, a
10 sexual performance, or the production of explicit sexual material as defined in section 573.010;
11 or
12(3) Advertises the availability of a person under the age of eighteen to participate in a
13 commercial sex act, a sexual performance, or the production of explicit sexual material as
14 defined in section 573.010.
152. It shall not be a defense that the defendant believed that the person was eighteen years
16 of age or older.
173. The offense of sexual trafficking of a child in the second degree is a felony punishable
18 by imprisonment for a term of years not less than twenty years or life and a fine not to exceed
19 two hundred fifty thousand dollars if the child is under the age of eighteen. If a violation of this
20 section was effected by force, abduction, or coercion, the [crime] offense of sexual trafficking
21 of a child shall be a felony for which the authorized term of imprisonment is life imprisonment
22 without eligibility for probation or parole until the defendant has served [not less than twenty-
23 five years] eighty-five percent of such sentence as provided under section 558.011.
      568.045. 1. A person commits the offense of endangering the welfare of a child in the
 2 first degree if he or she:
3(1) Knowingly acts in a manner that creates a substantial risk to the life, body, or health
 4 of a child less than [seventeen] eighteen years of age;
5(2) Knowingly engages in sexual conduct with a person under the age of eighteen years
 6 over whom the person is a parent, guardian, or otherwise charged with the care and custody;
7(3) Knowingly encourages, aids or causes a child less than [seventeen] eighteen years
 8 of age to engage in any conduct which violates the provisions of chapter 571 or 579; or
9(4) In the presence of a child less than [seventeen] eighteen years of age or in a
CCS SS SCS HCS HBs 2637 & 3155  99
10 residence where a child less than [seventeen] eighteen years of age resides, unlawfully
11 manufactures or attempts to manufacture compounds, possesses, produces, prepares, sells,
12 transports, tests or analyzes any of the following: fentanyl, carfentanil, amphetamine, or
13 methamphetamine, or any analogue thereof.
142. The offense of endangering the welfare of a child in the first degree is a class D felony
15 unless the offense:
16(1) Is committed as part of an act or series of acts performed by two or more persons as
17 part of an established or prescribed pattern of activity, or where physical injury to the child
18 results, or the offense is a second or subsequent offense under this section, in which case the
19 offense is a class C felony;
20(2) Involves fentanyl or carfentanil, or any analogue thereof, in which case:
21(a) The offense is a class B felony; and
22(b) A person sentenced under this subdivision shall not be eligible for conditional release
23 or parole until he or she has served at least five years of imprisonment;
24(3) Results in serious physical injury to the child, in which case the offense is a class B
25 felony; or
26(4) Results in the death of a child, in which case the offense is a class A felony.
                  [568.060. 1. As used in this section, the following terms shall mean:
2(1) "Abuse", the infliction of physical, sexual, or mental injury against
3a child by any person eighteen years of age or older. For purposes of this
4section, abuse shall not include injury inflicted on a child by accidental means
5by a person with care, custody, or control of the child, or discipline of a child
6by a person with care, custody, or control of the child, including spanking, in
7a reasonable manner;
8(2) "Abusive head trauma", a serious physical injury to the head or
9brain caused by any means, including but not limited to shaking, jerking,
10pushing, pulling, slamming, hitting, or kicking;
11(3) "Mental injury", an injury to the intellectual or psychological
12capacity or the emotional condition of a child as evidenced by an observable
13and substantial impairment of the ability of the child to function within his or
14her normal range of performance or behavior;
15(4) "Neglect", the failure to provide, by those responsible for the care,
16custody, and control of a child under the age of eighteen years, the care
17reasonable and necessary to maintain the physical and mental health of the
18child, when such failure presents a substantial probability that death or
19physical injury or sexual injury would result;
20(5) "Physical injury", physical pain, illness, or any impairment of
21physical condition, including but not limited to bruising, lacerations,
22hematomas, welts, or permanent or temporary disfigurement and impairment
23of any bodily function or organ;
CCS SS SCS HCS HBs 2637 & 3155  100
24(6) "Serious emotional injury", an injury that creates a substantial risk
25      of temporary or permanent medical or psychological damage, manifested by
26      impairment of a behavioral, cognitive, or physical condition. Serious
27      emotional injury shall be established by testimony of qualified experts upon
28      the reasonable expectation of probable harm to a reasonable degree of medical
29      or psychological certainty;
30(7) "Serious physical injury", a physical injury that creates a
31      substantial risk of death or that causes serious disfigurement or protracted loss
32      or impairment of the function of any part of the body.
332. A person commits the offense of abuse or neglect of a child if such
34      person knowingly causes a child who is less than eighteen years of age:
35(1) To suffer physical or mental injury as a result of abuse or neglect;
36      or
37(2) To be placed in a situation in which the child may suffer physical
38      or mental injury as the result of abuse or neglect.
393. A person commits the offense of abuse or neglect of a child if such
40      person recklessly causes a child who is less than eighteen years of age to
41      suffer from abusive head trauma.
424. A person does not commit the offense of abuse or neglect of a child
43      by virtue of the sole fact that the person delivers or allows the delivery of a
44      child to a provider of emergency services.
455. (1) A person does not commit the offense of abuse or neglect of a
46      child by virtue of the sole fact that the person allows the child to engage in
47      independent activities without adult supervision and the person is a parent to
48      the child or is responsible for the child's care, provided that the:
49(a) Independent activities are appropriate based on the child's age,
50      maturity, and physical and mental abilities; and
51(b) Lack of adult supervision does not constitute conduct that is so
52      grossly negligent as to endanger the health or safety of the child.
53(2) As used in this subsection, "independent activities" shall include
54      traveling to or from school or nearby locations by bicycle or on foot, playing
55      outdoors, or remaining at home for a reasonable period of time without adult
56      supervision.
576. The offense of abuse or neglect of a child is:
58(1) A class D felony[, without eligibility for probation, parole, or
59      conditional release until the defendant has served no less than one year of such
60      sentence], unless the person has previously been found guilty of a violation of
61      this section or of a violation of the law of any other jurisdiction that prohibits
62      the same or similar conduct or the injury inflicted on the child is a serious
63      emotional injury or a serious physical injury, in which case abuse or neglect
64      of a child is a class B felony, without eligibility for probation or parole until
65      the defendant has served not less than five years of such sentence; or
66(2) A class A felony if the child dies as a result of injuries sustained
67      from conduct chargeable under the provisions of this section.
CCS SS SCS HCS HBs 2637 & 3155  101
687. Notwithstanding subsection 6 of this section to the contrary, the
69offense of abuse or neglect of a child is a class A felony, without eligibility for
70probation, parole, or conditional release until the defendant has served not less
71than fifteen years of such sentence, if:
72(1) The injury is a serious emotional injury or a serious physical
73injury;
74(2) The child is less than fourteen years of age; and
75(3) The injury is the result of sexual abuse or sexual abuse in the first
76degree as defined under section 566.100 or sexual exploitation of a minor as
77defined under section 573.023.
788. The circuit or prosecuting attorney may refer a person who is
79suspected of abuse or neglect of a child to an appropriate public or private
80agency for treatment or counseling so long as the agency has consented to
81taking such referrals. Nothing in this subsection shall limit the discretion of
82the circuit or prosecuting attorney to prosecute a person who has been referred
83for treatment or counseling pursuant to this subsection.
849. Nothing in this section shall be construed to alter the requirement
85that every element of any crime referred to herein must be proven beyond a
86reasonable doubt.
8710. Discipline, including spanking administered in a reasonable
88manner, shall not be construed to be abuse under this section.]
       568.060. 1. As used in this section, the following terms shall mean:
2(1) "Abuse", the infliction of physical, sexual, or mental injury against a child by any
3 person eighteen years of age or older. For purposes of this section, abuse shall not include injury
4 inflicted on a child by accidental means by a person with care, custody, or control of the child,
5 or discipline of a child by a person with care, custody, or control of the child, including
6 spanking, in a reasonable manner;
7(2) "Abusive head trauma", a serious physical injury to the head or brain caused by any
8 means, including but not limited to shaking, jerking, pushing, pulling, slamming, hitting, or
9 kicking;
10(3) "Mental injury", an injury to the intellectual or psychological capacity or the
11 emotional condition of a child as evidenced by an observable and substantial impairment of the
12 ability of the child to function within his or her normal range of performance or behavior;
13(4) "Neglect", the failure to provide, by those responsible for the care, custody, and
14 control of a child under the age of eighteen years, the care reasonable and necessary to maintain
15 the physical and mental health of the child, when such failure presents a substantial probability
16 that death or physical injury or sexual injury would result;
17(5) "Physical injury", physical pain, illness, or any impairment of physical condition,
18 including but not limited to bruising, lacerations, hematomas, welts, or permanent or temporary
CCS SS SCS HCS HBs 2637 & 3155  102
19 disfigurement and impairment of any bodily function or organ;
20(6) "Serious emotional injury", an injury that creates a substantial risk of temporary or
21 permanent medical or psychological damage, manifested by impairment of a behavioral,
22 cognitive, or physical condition. Serious emotional injury shall be established by testimony of
23 qualified experts upon the reasonable expectation of probable harm to a reasonable degree of
24 medical or psychological certainty;
25(7) "Serious physical injury", a physical injury that creates a substantial risk of death or
26 that causes serious disfigurement or protracted loss or impairment of the function of any part of
27 the body.
282. A person commits the offense of abuse or neglect of a child if such person knowingly
29 causes a child who is less than eighteen years of age:
30(1) To suffer physical or mental injury as a result of abuse or neglect; or
31(2) To be placed in a situation in which the child may suffer physical or mental injury
32 as the result of abuse or neglect.
333. A person commits the offense of abuse or neglect of a child if such person recklessly
34 causes a child who is less than eighteen years of age to suffer from abusive head trauma.
354. A person does not commit the offense of abuse or neglect of a child by virtue of the
36 sole fact that the person delivers or allows the delivery of a child to a provider of emergency
37 services.
385. (1) A person does not commit the offense of abuse or neglect of a child by virtue of
39 the sole fact that the person allows the child to engage in independent activities without adult
40 supervision and the person is a parent to the child or is responsible for the child's care, provided
41 that the:
42(a) Independent activities are appropriate based on the child's age, maturity, and physical
43 and mental abilities; and
44(b) Lack of adult supervision does not constitute conduct that is so grossly negligent as
45 to endanger the health or safety of the child.
46(2) As used in this subsection, "independent activities" shall include traveling to or from
47 school or nearby locations by bicycle or on foot, playing outdoors, or remaining at home for a
48 reasonable period of time without adult supervision.
496. The offense of abuse or neglect of a child is:
50(1) A class D felony[, without eligibility for probation, parole, or conditional release
51 until the defendant has served no less than one year of such sentence], unless the person has
52 previously been found guilty of a violation of this section or of a violation of the law of any
53 other jurisdiction that prohibits the same or similar conduct or the injury inflicted on the child
54 is a serious emotional injury or a serious physical injury, in which case abuse or neglect of a
CCS SS SCS HCS HBs 2637 & 3155  103
55 child is a class B felony, without eligibility for probation or parole until the defendant has served
56 not less than five years of such sentence; or
57(2) A class A felony if the child dies as a result of injuries sustained from conduct
58 chargeable under the provisions of this section.
597. Notwithstanding subsection 6 of this section to the contrary, the offense of abuse or
60 neglect of a child is a class A felony, without eligibility for probation, parole, or conditional
61 release until the defendant has served not less than fifteen years of such sentence, if:
62(1) The injury is a serious emotional injury or a serious physical injury;
63(2) The child is less than fourteen years of age; and
64(3) The injury is the result of sexual abuse or sexual abuse in the first degree as defined
65 under section 566.100 or sexual exploitation of a minor as defined under section 573.023.
668. The circuit or prosecuting attorney may refer a person who is suspected of abuse or
67 neglect of a child to an appropriate public or private agency for treatment or counseling so long
68 as the agency has consented to taking such referrals. Nothing in this subsection shall limit the
69 discretion of the circuit or prosecuting attorney to prosecute a person who has been referred for
70 treatment or counseling pursuant to this subsection.
719. Nothing in this section shall be construed to alter the requirement that every element
72 of any crime referred to herein must be proven beyond a reasonable doubt.
7310. Discipline, including spanking administered in a reasonable manner, shall not be
74 construed to be abuse under this section.
         573.570. 1. As used in this section, the following terms mean:
2(1) "Depicted individual", an individual who, as a result of digitization or by means
3 of digital manipulation, appears in whole or in part in an intimate digital depiction and
4 who is identifiable by virtue of the individual's face, likeness, or other distinguishing
5 characteristic, such as a unique birthmark or other recognizable feature, or from
6 information displayed in connection with the digital depiction;
7(2) "Digital depiction", a realistic visual depiction of an individual that has been
8 created or altered using digital manipulation;
9(3) "Information content providers", any person or entity that is responsible, in
10 whole or in part, for the creation or development of information provided through the
11 internet or any other interactive computer service;
12(4) "Intimate digital depiction", a digital depiction of an individual that has been
13 created or altered using digital manipulation and that depicts:
14(a) The uncovered genitals, pubic area, anus, or postpubescent female nipple of an
15 identifiable individual;
16(b) The display or transfer of bodily sexual fluids:
CCS SS SCS HCS HBs 2637 & 3155  104
17a. Onto any part of the body of an identifiable individual; or
18b. From the body of an identifiable individual; or
19(c) An identifiable individual engaging in sexually explicit conduct;
20(5) "Sexually explicit conduct", actual or simulated:
21(a) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-
22 anal, whether between persons of the same or opposite sex;
23(b) Bestiality;
24(c) Masturbation;
25(d) Sadistic or masochistic abuse; or
26(e) Lascivious exhibition of the genitals or pubic area of any person.
272. A person commits the offense of disclosure of an intimate digital depiction if the
28 person:
29(1) Discloses an intimate digital depiction:
30(a) With the intent to harass, annoy, threaten, alarm, or cause substantial harm to
31 the finances or reputation of the depicted individual; or
32(b) With the actual knowledge that, or reckless disregard for whether, such
33 disclosure will cause physical, emotional, reputational, or economic harm to the depicted
34 individual; or
35(2) Threatens to disclose an intimate digital depiction:
36(a) With the intent to harass, annoy, threaten, alarm, or cause substantial harm to
37 the finances or reputation of the depicted individual; or
38(b) With the actual knowledge that, or reckless disregard for whether, such
39 threatened disclosure will cause physical, emotional, reputational, or economic harm to the
40 depicted individual.
413. (1) A violation of subdivision (1) of subsection 2 of this section shall be a class
42 D felony.
43(2) A violation of subdivision (2) of subsection 2 of this section shall be a class E
44 felony.
45(3) A violation of subsection 2 of this section shall be a class C felony if:
46(a) The violation is a second or other subsequent violation of subsection 2 of this
47 section; or
48(b) The violation is such that the digital depiction could be reasonably expected to:
49a. Affect the conduct of any administrative, legislative, or judicial proceeding of a
50 federal, state, local, or tribal government agency, including the administration of an
51 election or the conduct of foreign relations; or
52b. Facilitate violence.
CCS SS SCS HCS HBs 2637 & 3155  105
534. It shall not be a defense to an offense of disclosure of an intimate digital depiction
54 under this section that there is a disclaimer stating that the intimate digital depiction of the
55 depicted individual was unauthorized or that the depicted individual did not participate
56 in the creation or development of the digital depiction.
575. For the purposes of this section, a provider of an interactive computer service
58 shall not be held to have committed the offense of disclosure of an intimate digital
59 depiction due to:
60(1) Any action voluntarily taken in good faith to restrict access to or availability of
61 intimate digital depictions; or
62(2) Any action taken to enable or make available to information content providers
63 or other persons the technical means to restrict access to intimate digital depictions.
        573.575. 1. A person commits the offense of sadistic online exploitation if he or she:
2(1) Uses the internet to manipulate, intimidate, hurt, scare, control, or threaten a
 3 victim to undergo suffering through forcing their submission, use of violence, self-harm,
 4 or destruction for sadistic or sinister purposes;
5(2) Coerces a victim into performing self-harm, animal harm, harming another
 6 person, sharing personal information, or suicidal actions or ideations;
7(3) Uses non-physical forms of coercion, manipulation, shame or fear to extort
 8 another person into providing sexually explicit content then using such content to further
 9 extort, threaten, or control the victim; or
10(4) Uses intimate depictions as devices to threaten or coerce a victim by demanding
11 any kind of financial gain.
122. The offense of sadistic online exploitation shall be a class E felony.
      577.800. 1. A person commits the offense of unlawful use of unmanned aircraft over
 2 an open-air facility or critical infrastructure facility if he or she purposely:
3(1) Operates an unmanned aircraft within a vertical distance of four hundred feet from
4 the ground and within the property line of an open-air facility; [or]
5(2) Uses an unmanned aircraft with the purpose of delivering to a person within an open-
6 air facility any object described in subdivision (1) or (2) of subsection 4 of this section;
7(3) Uses an unmanned aircraft within the boundary of any critical infrastructure
8 facility; or
9(4) Operates an unmanned aircraft within a vertical distance of four hundred feet
10 from the ground and within the property line of a critical infrastructure facility in
11 furtherance of any violation of criminal law.
122. For purposes of this section, "open-air facility" shall mean any sports, theater, music,
13 performing arts, or other entertainment facility with a capacity of five [thousand] hundred
CCS SS SCS HCS HBs 2637 & 3155  106
14 people or more and not completely enclosed by a roof or other structure. For purposes of this
15 section, "critical infrastructure facility" shall have the same meaning as section 569.086.
163. The provisions of this section shall not prohibit the operation of an unmanned aircraft
17 by:
18(1) An employee, owner, or operator of an open-air facility [at the direction of the
19 president or chief executive officer of the open-air facility] or critical infrastructure facility
20 for the purpose of monitoring, inspecting, operating, or maintaining the facility;
21(2) A person who has written consent from the president or chief executive officer of
22 the open-air facility or critical infrastructure facility;
23(3) An employee of a law enforcement agency, fire department, or emergency medical
24 service in the exercise of official duties;
25(4) A government official or employee in the exercise of official duties;
26(5) A public utility or a rural electric cooperative if:
27(a) The unmanned aircraft is used for the purpose of inspecting, repairing, or
28 maintaining utility transmission or distribution lines or other utility equipment or infrastructure;
29(b) The utility or cooperative notifies the open-air facility or critical infrastructure
30 facility before flying the unmanned aircraft, except during an emergency; and
31(c) The person operating the unmanned aircraft does not physically enter the prohibited
32 space without an escort provided by the open-air facility or critical infrastructure facility; or
33(6) An employee of a railroad in the exercise of official duties on any land owned or
34 operated by a railroad corporation regulated by the Federal Railroad Administration.
354. The offense of unlawful use of unmanned aircraft over an open-air facility or critical
36 infrastructure facility shall be punishable as an infraction unless the person uses an unmanned
37 aircraft for:
38(1) Delivering a gun, knife, weapon, or other article, including any explosive device
39 or material, that may be used in such manner to endanger the life of an employee or guest at
40 an open-air facility or critical infrastructure facility, in which case the offense is a class B
41 felony; or
42(2) Delivering a controlled substance, as that term is defined under section 195.010, in
43 which case the offense is a class D felony.
445. Each open-air facility or critical infrastructure facility shall post a sign warning of
45 the provisions of this section. The sign shall be at least eleven inches by fourteen inches and
46 posted in a conspicuous place.
476. This section shall not apply to an operator of an unmanned aircraft that is being
48 used for a commercial purpose that is otherwise operating lawfully, provided the operator
49 is authorized by the Federal Aviation Administration to conduct lawful operations in that
CCS SS SCS HCS HBs 2637 & 3155  107
50 airspace.
              [589.400. 1. Sections 589.400 to 589.425 shall apply to:
2(1) Any person who, since July 1, 1979, has been or is hereafter
3adjudicated for an offense referenced in section 589.414, unless such person
4is exempt from registering under subsection 9 or 10 of this section or section
5589.401;
6(2) Any person who, since July 1, 1979, has been or is hereafter
7convicted of, been found guilty of, or pled guilty or nolo contendere to
8committing, attempting to commit, or conspiring to commit one or more of the
9following offenses: kidnapping or kidnapping in the first degree when the
10victim was a child and the defendant was not a parent or guardian of the child;
11abuse of a child under section 568.060 when such abuse is sexual in nature;
12felonious restraint or kidnapping in the second degree when the victim was a
13child and the defendant is not a parent or guardian of the child; sexual contact
14or sexual intercourse with a resident of a nursing home or sexual conduct with
15a nursing facility resident or vulnerable person in the first or second degree;
16endangering the welfare of a child under section 568.045 when the
17endangerment is sexual in nature; genital mutilation of a female child, under
18section 568.065; promoting prostitution in the first degree; promoting
19prostitution in the second degree; promoting prostitution in the third degree;
20sexual exploitation of a minor; promoting child pornography in the first
21degree as it existed prior to August 28, 2026; promoting child sexual abuse
22material in the first degree; promoting child pornography in the second
23degree as it existed prior to August 28, 2026; promoting child sexual abuse
24material in the second degree; possession of child pornography as it existed
25prior to August 28, 2026; possession of child sexual abuse material;
26furnishing pornographic material to minors; public display of explicit sexual
27material; coercing acceptance of obscene material; promoting obscenity in the
28first degree; promoting pornography for minors or obscenity in the second
29degree; incest; use of a child in a sexual performance; or promoting sexual
30performance by a child; patronizing prostitution if the individual the person
31patronizes is less than eighteen years of age; grooming of a minor;
32nonconsensual dissemination of private sexual images; or threatening the
33nonconsensual dissemination of private sexual images;
34(3) Any person who, since July 1, 1979, has been committed to the
35department of mental health as a criminal sexual psychopath;
36(4) Any person who, since July 1, 1979, has been found not guilty as
37a result of mental disease or defect of any offense referenced in section
38589.414;
39(5) Any juvenile certified as an adult and transferred to a court of
40general jurisdiction who has been adjudicated for an offense listed under
41section 589.414;
42(6) Any juvenile fourteen years of age or older at the time of the
43offense who has been adjudicated for an offense which is equal to or more
CCS SS SCS HCS HBs 2637 & 3155  108
44      severe than aggravated sexual abuse under 18 U.S.C. Section 2241, which
45      shall include any attempt or conspiracy to commit such offense;
46(7) Any person who is a resident of this state who has, since July 1,
47      1979, been or is hereafter adjudicated in any other state, territory, the District
48      of Columbia, or foreign country, or under federal, tribal, or military
49      jurisdiction for an offense which, if committed in this state, would constitute
50      an offense listed under section 589.414, or has been or is required to register
51      in another state, territory, the District of Columbia, or foreign country, or has
52      been or is required to register under tribal, federal, or military law; or
53(8) Any person who has been or is required to register in another state,
54      territory, the District of Columbia, or foreign country, or has been or is
55      required to register under tribal, federal, or military law and who works or
56      attends an educational institution, whether public or private in nature,
57      including any secondary school, trade school, professional school, or
58      institution of higher education on a full-time or on a part-time basis or has a
59      temporary residence in Missouri. "Part-time" in this subdivision means for
60      more than seven days in any twelve-month period.
612. Any person to whom sections 589.400 to 589.425 apply shall,
62      within three business days of adjudication, release from incarceration, or
63      placement upon probation, register with the chief law enforcement official of
64      the county or city not within a county in which such person resides unless
65      such person has already registered in that county for the same offense. For
66      any juvenile under subdivision (6) of subsection 1 of this section, within three
67      business days of adjudication or release from commitment to the division of
68      youth services, the department of mental health, or other placement, such
69      juvenile shall register with the chief law enforcement official of the county or
70      city not within a county in which he or she resides unless he or she has already
71      registered in such county or city not within a county for the same offense.
72      Any person to whom sections 589.400 to 589.425 apply if not currently
73      registered in their county of residence shall register with the chief law
74      enforcement official of such county or city not within a county within three
75      business days. The chief law enforcement official shall forward a copy of the
76      registration form required by section 589.407 to a city, town, village, or
77      campus law enforcement agency located within the county of the chief law
78      enforcement official.
793. The registration requirements of sections 589.400 through 589.425
80      shall be as provided under subsection 4 of this section unless:
81(1) All offenses requiring registration are reversed, vacated, or set
82      aside;
83(2) The registrant is no longer required to register and his or her name
84      shall be removed from the registry under the provisions of section 589.414;
85      or
86(3) The court orders the removal or exemption of such person from the
87      registry under section 589.401.
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884. The registration requirements shall be as follows:
89(1) Fifteen years if the offender is a tier I sex offender as provided
90      under section 589.414;
91(2) Twenty-five years if the offender is a tier II sex offender as
92      provided under section 589.414; or
93(3) The life of the offender if the offender is a tier III sex offender.
945. (1) The registration period shall be reduced as described in
95      subdivision (3) of this subsection for a sex offender who maintains a clean
96      record for the periods described under subdivision (2) of this subsection by:
97(a) Not being adjudicated of any offense for which imprisonment for
98      more than one year may be imposed;
99(b) Not being adjudicated of any sex offense;
100(c) Successfully completing any periods of supervised release,
101      probation, or parole; and
102(d) Successfully completing an appropriate sex offender treatment
103      program certified by the attorney general.
104(2) In the case of a:
105(a) Tier I sex offender, the period during which the clean record shall
106      be maintained is ten years;
107(b) Tier III sex offender adjudicated delinquent for the offense which
108      required registration in a sex offender registry under sections 589.400 to
109      589.425, the period during which the clean record shall be maintained is
110      twenty-five years.
111(3) In the case of a:
112(a) Tier I sex offender, the reduction is five years;
113(b) Tier III sex offender adjudicated delinquent, the reduction is from
114      life to that period for which the clean record under paragraph (b) of
115      subdivision (2) of this subsection is maintained.
1166. For processing an initial sex offender registration the chief law
117      enforcement officer of the county or city not within a county may charge the
118      offender registering a fee of up to ten dollars.
1197. For processing any change in registration required pursuant to
120      section 589.414 the chief law enforcement official of the county or city not
121      within a county may charge the person changing their registration a fee of five
122      dollars for each change made after the initial registration.
1238. Any person currently on the sexual offender registry or who
124      otherwise would be required to register for being adjudicated for the offense
125      of felonious restraint of a nonsexual nature when the victim was a child and
126      he or she was the parent or guardian of the child, nonsexual child abuse that
127      was committed under section 568.060, or kidnapping of a nonsexual nature
128      when the victim was a child and he or she was the parent or guardian of the
129      child shall be removed from the registry. However, such person shall remain
130      on the sexual offender registry for any other offense for which he or she is
131      required to register under sections 589.400 to 589.425.
 CCS SS SCS HCS HBs 2637 & 3155  110
1329. The following persons shall be exempt from registering as a sexual
133      offender upon petition to the court of jurisdiction under section 589.401;
134      except that, such person shall remain on the sexual offender registry for any
135      other offense for which he or she is required to register under sections 589.400
136      to 589.425:
137(1) Any person currently on the sexual offender registry or who
138      otherwise would be required to register for a sexual offense involving:
139(a) Sexual conduct where no force or threat of force was directed
140      toward the victim or any other individual involved, if the victim was an adult,
141      unless the adult was under the custodial authority of the offender at the time
142      of the offense; or
143(b) Sexual conduct where no force or threat of force was directed
144      toward the victim, the victim was at least fourteen years of age, and the
145      offender was not more than four years older than the victim at the time of the
146      offense; or
147(2) Any person currently required to register for the following sexual
148      offenses:
149(a) Promoting obscenity in the first degree under section 573.020;
150(b) Promoting obscenity in the second degree under section 573.030;
151(c) Furnishing pornographic materials to minors under section
152      573.040;
153(d) Public display of explicit sexual material under section 573.060;
154(e) Coercing acceptance of obscene material under section 573.065;
155(f) Trafficking for the purpose of slavery, involuntary servitude,
156      peonage, or forced labor under section 566.206;
157(g) Abusing an individual through forced labor under section 566.203;
158(h) Contributing to human trafficking through the misuse of
159      documentation under section 566.215; or
160(i) Acting as an international marriage broker and failing to provide
161      the information and notice as required under section 578.475.
16210. Any person currently on the sexual offender registry for having
163      been adjudicated for a tier I or II offense or adjudicated delinquent for a tier
164      III offense or other comparable offenses listed under section 589.414 may file
165      a petition under section 589.401.
16611. Any nonresident worker, including work as a volunteer or intern,
167      or nonresident student shall register for the duration of such person's
168      employment, including participation as a volunteer or intern, or attendance at
169      any school of higher education whether public or private, including any
170      secondary school, trade school, professional school, or institution of higher
171      education on a full-time or part-time basis in this state unless granted relief
172      under section 589.401. Any registered offender shall provide information
173      regarding any place in which the offender is staying when away from his or
174      her residence for seven or more days, including the period of time the offender
175      is staying in such place. Any registered offender from another state who has
 CCS SS SCS HCS HBs 2637 & 3155  111
176a temporary residence in this state and resides more than seven days in a
177twelve-month period shall register for the duration of such person's temporary
178residency unless granted relief under section 589.401.]
     589.400. 1. Unless exempt from registering under section 589.401, sections 589.400
 2 to 589.425 shall apply to:
3(1) Any person who, since July 1, 1979, has been or is hereafter adjudicated for an
4  offense [referenced in section 589.414, unless such person is exempt from registering under
5  subsection 9 or 10 of this section or section 589.401] that would classify the person as a tier
6  I offender, tier II offender, or tier III offender in this state;
7(2) [Any person who, since July 1, 1979, has been or is hereafter convicted of, been
8  found guilty of, or pled guilty or nolo contendere to committing, attempting to commit, or
9  conspiring to commit one or more of the following offenses: kidnapping or kidnapping in the
10  first degree when the victim was a child and the defendant was not a parent or guardian of the
11  child; abuse of a child under section 568.060 when such abuse is sexual in nature; felonious
12  restraint or kidnapping in the second degree when the victim was a child and the defendant is
13  not a parent or guardian of the child; sexual contact or sexual intercourse with a resident of a
14  nursing home or sexual conduct with a nursing facility resident or vulnerable person in the first
15  or second degree; endangering the welfare of a child under section 568.045 when the
16  endangerment is sexual in nature; genital mutilation of a female child, under section 568.065;
17  promoting prostitution in the first degree; promoting prostitution in the second degree;
18  promoting prostitution in the third degree; sexual exploitation of a minor; promoting child
19  pornography in the first degree; promoting child pornography in the second degree; possession
20  of child pornography; furnishing pornographic material to minors; public display of explicit
21  sexual material; coercing acceptance of obscene material; promoting obscenity in the first
22  degree; promoting pornography for minors or obscenity in the second degree; incest; use of a
23  child in a sexual performance; or promoting sexual performance by a child; patronizing
24  prostitution if the individual the person patronizes is less than eighteen years of age;
25(3)] Any person who, since July 1, 1979, has been committed to the department of
26  mental health as a criminal sexual psychopath;
27[(4)] (3) Any person who, since July 1, 1979, has been found not guilty as a result of
28  mental disease or defect of any offense [referenced in section 589.414] that would classify the
29  person as a tier I offender, tier II offender, or tier III offender;
30[(5)] (4) Any juvenile certified as an adult and transferred to a court of general
31  jurisdiction who has been adjudicated for an offense [listed under section 589.414] that would
32  classify the juvenile as a tier I offender, tier II offender, or tier III offender;
33[(6)] (5) Any juvenile fourteen years of age or older at the time of the offense who has
CCS SS SCS HCS HBs 2637 & 3155  112
34 been adjudicated for an offense which is equal to or more severe than aggravated sexual abuse
35 under 18 U.S.C. Section 2241, which shall include any attempt or conspiracy to commit such
36 offense. Juveniles registering under this subdivision shall be assigned a tier under the
37 provisions of section 589.414 and eligible for removal when meeting all other qualifications
38 in sections 589.400 to 589.425. The tier assignment under section 589.414 shall be only for
39 the purposes of registration visit frequency and removal eligibility and shall not otherwise
40 affect the analysis of whether registration is required under this section;
41[(7)] (6) Any person who is a resident of this state who has, since July 1, 1979, been or
42 is hereafter adjudicated in any other state, territory, the District of Columbia, or foreign country,
43 or under federal, tribal, or military jurisdiction for an offense which, if committed in this state,
44 would constitute an offense [listed under section 589.414] that would classify the person as
45 a tier I offender, tier II offender, or tier III offender, or has been or is required to register in
46 another state, territory, the District of Columbia, or foreign country, or has been or is required
47 to register under tribal, federal, or military law. Persons registering under this subdivision
48 shall be assigned a tier under the provisions of section 589.414 and eligible for removal
49 when meeting all other qualifications in sections 589.400 to 589.425. The tier assignment
50 under section 589.414 shall be only for the purposes of registration visit frequency and
51 removal eligibility and shall not otherwise affect the analysis of whether registration is
52 required under this section; or
53[(8)] (7) Any person who has been or is required to register in another state, territory,
54 the District of Columbia, or foreign country, or has been or is required to register under tribal,
55 federal, or military law and who works or attends an educational institution, whether public or
56 private in nature, including any secondary school, trade school, professional school, or
57 institution of higher education on a full-time or on a part-time basis or has a temporary residence
58 in Missouri. ["Part-time" in this subdivision means for more than seven days in any twelve-
59 month period.] Persons registering under this subdivision shall be assigned a tier under the
60 provisions of section 589.414 and eligible for removal when meeting all other qualifications
61 in sections 589.400 to 589.425. The tier assignment under section 589.414 shall be only for
62 the purposes of registration visit frequency and removal eligibility and shall not otherwise
63 affect the analysis of whether registration is required under this section.
642. Any person or juvenile to whom sections 589.400 to 589.425 apply shall, within three
65 business days of adjudication, release from incarceration, [or] placement upon probation, release
66 from commitment to the division of youth services, release from the department of mental
67 health, or release from other placement, register with the [chief law enforcement]
68 registration official of the county or city not within a county in which such person or juvenile
69 resides unless such person has already registered in that county for the same offense. [For any
 CCS SS SCS HCS HBs 2637 & 3155  113
70 juvenile under subdivision (6) of subsection 1 of this section, within three business days of
71 adjudication or release from commitment to the division of youth services, the department of
72 mental health, or other placement, such juvenile shall register with the chief law enforcement
73 official of the county or city not within a county in which he or she resides unless he or she has
74 already registered in such county or city not within a county for the same offense.] Any person
75 or juvenile to whom sections 589.400 to 589.425 apply if not currently registered in their county
76 of residence shall register with the [chief law enforcement] registration official [of such county
77 or city not within a county] within three business days. The [chief law enforcement]
78 registration official shall forward a copy of the registration form required by section 589.407
79 to a city, town, village, or campus law enforcement agency located within the county of the
80 [chief law enforcement] registration official.
813. [The registration requirements of sections 589.400 through 589.425 shall be as
82 provided under subsection 4 of this section unless:
83(1) All offenses requiring registration are reversed, vacated, or set aside;
84(2) The registrant is no longer required to register and his or her name shall be removed
85 from the registry under the provisions of section 589.414; or
86(3) The court orders the removal or exemption of such person from the registry under
87 section 589.401.
884.] The registration requirements shall be as follows:
89(1) Fifteen years if the offender is a tier I [sex] offender [as provided under section
90 589.414];
91(2) Twenty-five years if the offender is a tier II [sex] offender [as provided under section
92 589.414]; or
93(3) The life of the offender if the offender is a tier III [sex] offender.
94[5.] 4. (1) The registration period shall be reduced as described in subdivision (3) of this
95 subsection for a sex offender who maintains a clean record for the periods described under
96 subdivision (2) of this subsection by:
97(a) Not being adjudicated of any offense for which imprisonment for more than one year
98 may be imposed;
99(b) Not being adjudicated of any sex offense;
100(c) Successfully completing any periods of supervised release, probation, or parole; and
101(d) Successfully completing an appropriate sex offender treatment program certified by
102 a jurisdiction or the attorney general, regardless of whether such program was court
103 ordered or voluntary. If records of program completion are unavailable and completion
104 of such program was required as a term of probation, an order discharging the offender
105 from probation or other record acknowledging satisfactory completion of probation shall
 CCS SS SCS HCS HBs 2637 & 3155  114
106 constitute prima facie evidence that the offender successfully completed the necessary sex
107 offender treatment program unless rebutted by evidence to the contrary.
108(2) In the case of a:
109(a) Tier I [sex] offender, the period during which the clean record shall be maintained
110 is ten years;
111(b) Tier III [sex] offender adjudicated delinquent for the offense which required
112 registration in a sex offender registry under sections 589.400 to 589.425, the period during
113 which the clean record shall be maintained is twenty-five years.
114(3) In the case of a:
115(a) Tier I [sex] offender, the reduction is five years;
116(b) Tier III [sex] offender adjudicated delinquent, the reduction is from life to that period
117 for which the clean record under paragraph (b) of subdivision (2) of this subsection is
118 maintained.
119[6.] 5. For processing an initial sex offender registration, the [chief law enforcement
120 officer of the county or city not within a county] registration official may charge the offender
121 registering a fee of up to ten dollars.
122[7.] 6. For processing any change in registration required pursuant to section 589.414,
123 the [chief law enforcement] registration official [of the county or city not within a county] may
124 charge the person changing their registration a fee of five dollars for each change made after the
125 initial registration.
126[8. Any person currently on the sexual offender registry or who otherwise would be
127 required to register for being adjudicated for the offense of felonious restraint of a nonsexual
128 nature when the victim was a child and he or she was the parent or guardian of the child,
129 nonsexual child abuse that was committed under section 568.060, or kidnapping of a nonsexual
130 nature when the victim was a child and he or she was the parent or guardian of the child shall
131 be removed from the registry. However, such person shall remain on the sexual offender
132 registry for any other offense for which he or she is required to register under sections 589.400
133 to 589.425.
1349. The following persons shall be exempt from registering as a sexual offender upon
135 petition to the court of jurisdiction under section 589.401; except that, such person shall remain
136 on the sexual offender registry for any other offense for which he or she is required to register
137 under sections 589.400 to 589.425:
138(1) Any person currently on the sexual offender registry or who otherwise would be
139 required to register for a sexual offense involving:
140(a) Sexual conduct where no force or threat of force was directed toward the victim or
141 any other individual involved, if the victim was an adult, unless the adult was under the custodial
 CCS SS SCS HCS HBs 2637 & 3155  115
142 authority of the offender at the time of the offense; or
143(b) Sexual conduct where no force or threat of force was directed toward the victim, the
144 victim was at least fourteen years of age, and the offender was not more than four years older
145 than the victim at the time of the offense; or
146(2) Any person currently required to register for the following sexual offenses:
147(a) Promoting obscenity in the first degree under section 573.020;
148(b) Promoting obscenity in the second degree under section 573.030;
149(c) Furnishing pornographic materials to minors under section 573.040;
150(d) Public display of explicit sexual material under section 573.060;
151(e) Coercing acceptance of obscene material under section 573.065;
152(f) Trafficking for the purpose of slavery, involuntary servitude, peonage, or forced labor
153 under section 566.206;
154(g) Abusing an individual through forced labor under section 566.203;
155(h) Contributing to human trafficking through the misuse of documentation under
156 section 566.215; or
157(i) Acting as an international marriage broker and failing to provide the information and
158 notice as required under section 578.475.
15910. Any person currently on the sexual offender registry for having been adjudicated for
160 a tier I or II offense or adjudicated delinquent for a tier III offense or other comparable offenses
161 listed under section 589.414 may file a petition under section 589.401.]
1627. Any person with a primary residence outside this state who has a temporary
163 residence in this state in which he or she resides for more than a part-time period shall
164 register with the registration official in the jurisdiction of the temporary residence in
165 accordance with this section for the duration of such person's temporary residency.
166[11.] 8. Any [nonresident worker] person who is not a resident of this state and not
167 currently registered due to temporary residence under subsection 7 of this section and who
168 works, including work as a volunteer or intern, or is a nonresident student shall register for the
169 duration of such person's employment, including participation as a volunteer or intern, or
170 attendance at any school of higher education, whether public or private, including any secondary
171 school, trade school, professional school, or institution of higher education on a full-time or part-
172 time basis [in this state unless granted relief under section 589.401. Any registered offender
173 shall provide information regarding any place in which the offender is staying when away from
174 his or her residence for seven or more days, including the period of time the offender is staying
175 in such place. Any registered offender from another state who has a temporary residence in this
176 state and resides more than seven days in a twelve-month period shall register for the duration
177 of such person's temporary residency unless granted relief under section 589.401], as long as
 CCS SS SCS HCS HBs 2637 & 3155  116
178 the status requiring registration remains active. Such registration shall occur in the county
179 or city not within a county where the status requiring registration occurs. If more than one
180 county or city not within a county meets the requirement, priority shall be in the following
181 order:
182(1) The county of work;
183(2) The county of school; and
184(3) The county of volunteering or any other required status;
185
186with registration being required at only the highest priority county or city not within a
187county where the registerable status remains.
      589.401. 1. A person on the sexual offender registry of this state may file a petition in
 2 the division of the circuit court in the county or city not within a county in which the offense
 3 requiring registration was [committed] adjudicated to have his or her name exempted or
 4 removed from the sexual offender registry in accordance with this section.
52. (1) A person who is required to register in this state because of an offense that was
6  adjudicated in another jurisdiction shall file his or her petition for removal, termination, or
7  relief from registration, or the declaratory judgment providing for removal, termination,
8  or relief from registration according to the laws of the state, federal, territory, tribal, or
9  military jurisdiction, the District of Columbia, or foreign country in which his or her offense was
10  adjudicated. Upon [the grant of the petition for removal in the] entry of a judgment by a court
11  of competent jurisdiction [where the offense was adjudicated] providing that the person is no
12  longer required to register as a sex offender under the laws of the adjudicating jurisdiction,
13  such judgment may be registered in this state by sending the information required under
14  subsection 5 of this section as well as one authenticated copy of the order granting removal from
15  the sexual offender registry in the jurisdiction where the offense was adjudicated to the court in
16  the county or city not within a county in which the offender is required to register. On receipt
17  of a request for registration removal, the registering court shall cause the order to be filed as a
18  foreign judgment, together with one copy of the documents and information, regardless of their
19  form. The petitioner shall be responsible for costs associated with filing the petition. Nothing
20  in this subdivision shall be construed to remove any requirements for a petition under this
21  section or to remove the requirement that a person prove he or she is entitled to removal
22  under Missouri law, when applicable.
23(2) A person required to register as an offender in this state based solely on an
24  offense adjudicated in another jurisdiction may file a petition for removal from this state's
25  sexual offender registry, provided that:
26(a) The offense did not require the person to register as an offender in the
CCS SS SCS HCS HBs 2637 & 3155  117
27 adjudicating jurisdiction at the time the offense was adjudicated; or
28(b) The person never resided, worked, or attended school in the adjudicating
29 jurisdiction and was never required to register in the adjudicating jurisdiction.
30(3) A petition filed under subdivision (2) of this subsection shall otherwise satisfy
31 the requirements applicable to a petition filed under subdivision (1) of this subsection.
323. A person required to register as a tier III offender shall not file a petition under this
33 section unless the requirement to register results from a juvenile adjudication.
344. The petition shall be dismissed without prejudice if the following time periods have
35 not elapsed since the date the person was required to register for his or her most recent offense
36 under sections 589.400 to 589.425:
37(1) For a tier I offense, ten years;
38(2) For a tier II offense, twenty-five years; or
39(3) For a tier III offense adjudicated delinquent, twenty-five years.
405. The petition shall be dismissed without prejudice if it fails to include any of the
41 following:
42(1) The petitioner's:
43(a) Full name, including any alias used by the [individual] petitioner;
44(b) Sex;
45(c) Race;
46(d) Date of birth;
47(e) Last four digits of the Social Security number;
48(f) Address; and
49(g) Place of employment, school, or volunteer status;
50(2) The offense and tier of the offense that required the petitioner to register;
51(3) The date the petitioner was adjudicated for the offense;
52(4) The date the petitioner was required to register;
53(5) The case number and court, including the county or city not within a county, that
54 entered the original order for the adjudicated sex offense;
55(6) Petitioner's original fingerprints on an applicant fingerprint card;
56(7) If the petitioner was pardoned or an offense requiring registration was reversed,
57 vacated, or set aside, an authenticated copy of the order; and
58(8) If the petitioner is currently registered under applicable law and has not been
59 adjudicated for failure to register in any jurisdiction and does not have any charges pending for
60 failure to register.
616. The petition shall name as respondents the Missouri state highway patrol and the
62 [chief law enforcement] registration official in the county or city not within a county in which
CCS SS SCS HCS HBs 2637 & 3155  118
63 the petition is filed.
647. All proceedings under this section shall be governed under the Missouri supreme
65 court rules of civil procedure.
668. The person seeking removal or exemption from the registry shall provide the
67 prosecuting attorney in the circuit court in which the petition is filed with notice of the petition.
68 The prosecuting attorney may present evidence in opposition to the requested relief or may
69 otherwise demonstrate the reasons why the petition should be denied. Failure of the person
70 seeking removal or exemption from the registry to notify the prosecuting attorney of the petition
71 shall result in an automatic denial of such person's petition.
729. The Missouri state highway patrol, the prosecuting attorney in the circuit court in
73 which the petition is filed, and the petitioner shall have access to all applicable records
74 concerning the petitioner including, but not limited to, criminal history records, mental health
75 records, juvenile records, and records of the department of corrections or probation and parole.
7610. The prosecuting attorney shall make reasonable efforts to notify the victim of the
77 crime for which the person was required to register of the petition and the dates and times of any
78 hearings or other proceedings in connection with such petition.
7911. The court shall not enter an order directing the removal of the petitioner's name from
80 the sexual offender registry unless it finds the petitioner:
81(1) Has not been adjudicated or does not have charges pending for any additional
82 nonsexual offense for which imprisonment for more than one year may be imposed since the
83 date the offender was required to register for his or her current tier level;
84(2) Has not been adjudicated or does not have charges pending for any additional sex
85 offense that would require registration under sections 589.400 to 589.425 since the date the
86 offender was required to register for his or her current tier level, even if the offense was
87 punishable by less than one year imprisonment;
88(3) Has successfully completed any required periods of supervised release, probation,
89 or parole without revocation since the date the offender was required to register for his or her
90 current tier level, or, in the case of lifetime supervision or probation, such term has been
91 reduced or terminated by a court of competent jurisdiction;
92(4) Has successfully completed an appropriate sex offender treatment program as
93 approved by a court of competent jurisdiction or the Missouri department of corrections; and
94(5) Is not a current or potential threat to public safety.
9512. In order to meet the criteria required by subdivisions (1) and (2) of subsection 11 of
96 this section, the fingerprints filed in the case shall be examined by the Missouri state highway
97 patrol. The petitioner shall be responsible for all costs associated with the fingerprint-based
98 criminal history check of both state and federal files under section 43.530.
 CCS SS SCS HCS HBs 2637 & 3155  119
9913. If the petition is denied due to an adjudication in violation of subdivision (1) or (2)
100 of subsection 11 of this section, the petitioner shall not file a new petition under this section
101 until:
102(1) Fifteen years have passed from the date of the adjudication resulting in the denial of
103 relief if the petitioner is classified as a tier I offender;
104(2) Twenty-five years have passed from the date of adjudication resulting in the denial
105 of relief if the petitioner is classified as a tier II offender; or
106(3) Twenty-five years have passed from the date of the adjudication resulting in the
107 denial of relief if the petitioner is classified as a tier III offender on the basis of a juvenile
108 adjudication.
10914. If the petition is denied due to the petitioner having charges pending in violation of
110 subdivision (1) or (2) of subsection 11 of this section, the petitioner shall not file a new petition
111 under this section until:
112(1) The pending charges resulting in the denial of relief have been finally disposed of
113 in a manner other than adjudication; or
114(2) If the pending charges result in an adjudication, the necessary time period has
115 elapsed under subsection 13 of this section.
11615. (1) Except as provided in subdivision (2) of this subsection, if the petition is
117 denied for reasons other than those outlined in subsection 11 of this section, no successive
118 petition requesting such relief shall be filed for at least five years from the date the judgment
119 denying relief is entered.
120(2) If the denial was based on a statute or law that has since been amended,
121 repealed, or invalidated, a person may file a new petition within the five-year period. In
122 addition to the requirements under subsection 5 of this section, the new petition shall
123 include the case number and court of the prior petition and identify the applicable change
124 in the statute or law.
12516. If the court finds the petitioner is entitled to have his or her name removed from the
126 sexual offender registry, the court shall enter judgment directing the removal of the name. A
127 copy of the judgment shall be provided to the respondents named in the petition.
12817. Any person subject to the judgment requiring his or her name to be removed from
129 the sexual offender registry is not required to register under sections 589.400 to 589.425 unless
130 such person is required to register for an offense that was different from that listed on the
131 judgment of removal.
13218. The court shall not deny the petition unless the petition failed to comply with the
133 provisions of sections 589.400 to 589.425 or the prosecuting attorney provided evidence
134 demonstrating the petition should be denied.
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13519. (1) The provisions of subsections 3 and 4 of this section shall not apply to
136 persons filing for exemption pursuant to this subsection.
137(2) Except as provided in this subsection, a petition for exemption shall be governed
138 by the other requirements provided in this section.
139(3) A petition for exemption under this subsection shall be the exclusive remedy for
140 adjudicating the applicability of the exemptions in this subsection.
141(4) A person shall be ordered exempt from registration if the person meets the
142 requirements of this section and the offense requiring registration is:
143(a) Sexual conduct where no force or threat of force was directed toward the victim,
144 the victim was at least fourteen years of age, and the person was not more than four years
145 older than the victim at the time of the offense, unless the victim was under the custodial
146 authority of the offender at the time of the offense;
147(b) Sexual conduct where no force or threat of force was directed toward the victim
148 or any other individual involved if the victim or other individual was eighteen years of age
149 or older, unless the victim was under the custodial authority of the offender at the time of
150 the offense;
151(c) Promoting obscenity in the first degree under section 573.020;
152(d) Promoting obscenity in the second degree under section 573.030;
153(e) Furnishing pornographic materials to minors under section 573.040;
154(f) Public display of explicit sexual material under section 573.060; or
155(g) Coercing acceptance of obscene material under section 573.065.
156(5) The person shall have the burden of proving the person meets the requirements
157 for exemption. In determining whether the person meets the requirements, a court may
158 look beyond the offense of conviction and consider the underlying facts and conduct of the
159 offense when evaluating noncategorical exemptions.
160(6) If a court determines a person to be exempt, the provisions of sections 589.400
161 to 589.425 shall not apply for the purposes of the exempt offense. In the event a person
162 currently registering is found to be exempt from the registration visit requirements, the
163 person shall also be removed from the sexual offender registry.
164(7) Nothing in this subsection shall prohibit a person from remaining or being
165 placed on the sexual offender registry for any other nonexempt offense for which the
166 person is required to register under sections 589.400 to 589.425.
167(8) If a petition for exemption is filed before a person is required to register under
168 sections 589.400 to 589.425, the requirements of sections 589.400 to 589.425 shall be
169 automatically stayed pending the outcome. In the event a petition is denied, the
170 requirements of sections 589.400 to 589.425 shall be in effect three business days following
 CCS SS SCS HCS HBs 2637 & 3155  121
171 the exhaustion of all appeal rights. Nothing in this subdivision shall alter or be construed
172 to give any court authority to alter ongoing requirements for persons whose initial
173 registration requirement begins prior to the filing of a petition for exemption until a final
174 order of exemption is entered.
17520. The provisions of subsections 3 and 4 of this section shall not apply to persons
176 filing for removal if the offense requiring registration is reversed, vacated, or set aside. A
177 petition for removal due to the offense being reversed, vacated, or set aside shall be filed
178 in accordance with all other requirements of this section and shall be the exclusive remedy
179 for removal in such situations. Such petition shall include a certified copy of the action
180 reversing, vacating, or setting aside the offense requiring registration.
18121. This section shall be the sole remedy for removal or exemption for persons
182 adjudicated of a registerable offense. No declaratory action shall be filed for relief from
183 registration requirements, except if registration, or threat thereof, is the result of an
184 offense never requiring registration. Nothing in this subsection shall be construed to
185 prohibit the filing of a declaratory action solely on the issue of what tier an offender should
186 be classified under.
18722. Notwithstanding any other provision of law, no person convicted of an offense
188 that requires him or her to register under sections 589.400 to 589.425 shall change his or
189 her legal name for the period of time he or she is required to register. To the extent the
190 person has a prior legal name that was utilized on or after the date of conviction for any
191 offense requiring registration, such name shall be reported under this section as an alias.
         589.403. 1. Any person who is required to register under sections 589.400 to 589.425
2  and who is paroled, discharged, or otherwise released from any correctional facility of the
3  department of corrections, any mental health institution, private jail under section 221.095, or
4  other private facility recognized by or contracted with the department of corrections or
5  department of mental health where such person was confined shall:
6(1) If the person plans to reside in this state, be informed by the official in charge of such
7  correctional facility, private jail, or mental health institution of the person's possible duty to
8  register pursuant to sections 589.400 to 589.425. If such person is required to register pursuant
9  to sections 589.400 to 589.425, the official in charge of the correctional facility, private jail, or
10  the mental health institution shall complete the initial registration notification at least seven days
11  prior to release and [forward] report the offender's initial registration[,] notification in
12  accordance with subsection 1 of section 589.410 within three business days of release[,] to the
13  Missouri state highway patrol and the [chief law enforcement] registration official of the county
14  or city not within a county where the person expects to reside upon discharge, parole, or release;
15  or
CCS SS SCS HCS HBs 2637 & 3155  122
16(2) If the person does not reside or plan to reside in Missouri, be informed by the official
17 in charge of such correctional facility, private jail, or mental health institution of the person's
18 possible duty to register under sections 589.400 to 589.425. If such person is required to register
19 under sections 589.400 to 589.425, the official in charge of the correctional facility, private jail,
20 or [the] mental health institution shall complete the initial registration notification at least seven
21 days prior to release and [forward] report the offender's initial registration[,] notification in
22 accordance with subsection 1 of section 589.410 within three business days of release[,] to the
23 Missouri state highway patrol and the [chief law enforcement] registration official [within] of
24 the county or city not within a county where the correctional facility, private jail, or mental
25 health institution is located.
262. If the offender refuses to complete and sign the registration information as outlined
27 in this section or fails to register with the [chief law enforcement] registration official within
28 three business days as directed, the offender commits the offense of failure to register under
29 section 589.425 within the jurisdiction where the correctional facility, private jail, or mental
30 health institution is located.
         589.404. As used in sections 589.400 to 589.425, the following terms mean:
2(1) "Adjudicated" or "adjudication", adjudication of delinquency, a finding of guilt, plea
3 of guilt, finding of not guilty due to mental disease or defect, or plea of nolo contendere to
4 committing, attempting to commit, or conspiring to commit. Adjudication does not require
5 the imposition of sentence for the purposes of sections 589.400 to 589.425. The term
6 "adjudication" shall include by reference all acts meeting the definition of "conviction"
7 under Section 111 of the Sex Offender Registration and Notification Act, Title I of the
8 Adam Walsh Child Protection and Safety Act of 2006, P.L. 109-248, as amended;
9(2) "Adjudicated delinquent", a person found to have committed an offense that, if
10 committed by an adult, would be a criminal offense;
11(3) "Chief law enforcement official", the sheriff's office of each county or the police
12 department of a city not within a county;
13(4) "Electronic mail", the transmission of information or communication by the
14 use of the internet, a computer, a facsimile machine, a pager, a cellular telephone or other
15 wireless communication device, a video recorder, or other electronic means sent to a
16 person identified by a unique address or address number and received by that person;
17(5) "Entity", a business or organization that provides internet service, electronic
18 communications service, remote computing service, online service, electronic mail service,
19 or electronic instant message or chat services regardless of whether the business or
20 organization is within or outside this state;
21(6) "Instant message", a form of real-time text communication between two or
CCS SS SCS HCS HBs 2637 & 3155  123
22 more people. The communication is conveyed via computers connected over a network
23 such as the internet, or between cell phone or wireless communication device users, or over
24 a cell phone or wireless communication device network;
25(7) "Offender registration", the required minimum informational content of sex offender
26 registries, which shall consist of, but not be limited to, a full set of fingerprints on a standard sex
27 offender registration card upon initial registration in Missouri, as well as all other forms and in
28 whatever manner required by the Missouri state highway patrol upon each initial and
29 subsequent registration;
30(8) "Online identifier", includes all of the following: electronic mail address,
31 instant message screen name, user ID, cell phone number or wireless communication
32 device number or identifier, chat or other internet communication name, social media
33 profiles, IP addresses, or other identity information specified on the registration form by
34 the Missouri state highway patrol;
35(9) "Part-time", more than seven days in any twelve-month period;
36(10) "Probation officer", includes any agent of a private entity assigned to provide
37 probation supervision services to an offender due to the offender's status as a sexual
38 offender who is required to register pursuant to sections 589.400 to 589.425;
39(11) "Registration official", the chief law enforcement official for the county or city
40 not within a county in which the offender is required to register;
41[(5)] (12) "Residence", [any place where an offender sleeps for seven or more
42 consecutive or nonconsecutive days or nights within a twelve-month period] the domicile of the
43 offender;
44[(6)] (13) "Sex offender", any person who meets the criteria to register under sections
45 589.400 to 589.425 or under the Sex Offender Registration and Notification Act, Title I of the
46 Adam Walsh Child Protection and Safety Act of 2006, P.L. 109-248, as amended;
47(14) "Sex offender registry", a system maintained by the Missouri state highway
48 patrol to collect, store, and disseminate all initial notification information, registration
49 information, offender status, and all other information required under sections 589.400 to
50 589.425. The sex offender registry is a distinct system from the website maintained by the
51 Missouri state highway patrol, which displays a distinct set of information contained within
52 the sex offender registry publicly on the web in accordance with this section;
53[(7)] (15) "Sex offense", any offense [which] that is listed [under section 589.414 or
54 comparable to those listed under section 589.414 or otherwise] as a tier I offense, tier II
55 offense, or tier III offense, that is comparable to offenses listed as a tier I offense, tier II
56 offense, or tier III offense, or that is otherwise comparable to offenses covered under the Sex
57 Offender Registration and Notification Act, Title I of the Adam Walsh Child Protection and
CCS SS SCS HCS HBs 2637 & 3155  124
58 Safety Act of 2006, P.L. 109-248, as amended;
59[(8)] (16) "Sexual act", any type or degree of genital, oral, or anal penetration;
60[(9)] (17) "Sexual conduct", sexual intercourse, deviate sexual intercourse, or sexual
61 contact;
62[(10)] (18) "Sexual contact", any touching of another person with the genitals or any
63 touching of the genitals or anus of another person, or the breast of a female person, or such
64 touching through the clothing, or causing semen, seminal fluid, or other ejaculate to come into
65 contact with another person, for the purpose of arousing or gratifying the sexual desire of any
66 person or for the purpose of terrorizing the victim;
67[(11)] (19) "Sexual element", used for the purposes of distinguishing if sexual contact
68 or a sexual act was committed. Authorities shall refer to information filed by the prosecutor,
69 amended information filed by the prosecutor, indictment information filed by the prosecutor, or
70 amended indictment information filed by the prosecutor, the plea agreement, or court
71 documentation to determine if a sexual element exists;
72[(12)] (20) "Signature", the name of the offender signed in writing or electronic form
73 approved by the Missouri state highway patrol;
74[(13)] (21) "Student", an individual who enrolls in or attends the physical location of an
75 educational institution, including a public or private secondary school, trade or professional
76 school, or an institution of higher education;
77(22) "Temporary residence", any place where a person sleeps for seven or more
78 consecutive or nonconsecutive days or nights within a twelve-month period, other than the
79 person's domicile;
80(23) "Tier I offender":
81(a) An individual who has been adjudicated for a tier I offense; or
82(b) Any offender who is or has been adjudicated in any other state, territory, the
83 District of Columbia, or foreign country, or under federal, tribal, or military jurisdiction
84 for an offense comparable to a tier I offense or that meets the definition of a tier I offense
85 under the Sex Offender Registration and Notification Act, Title I of the Adam Walsh Child
86 Protection and Safety Act of 2006, P.L. 109-248, as amended;
87(24) "Tier II offender":
88(a) An individual who has been adjudicated for a tier II offense; or
89(b) Any offender who is adjudicated for an offense comparable to a tier I offense
90 or failure to register offense under section 589.425 or comparable out-of-state failure to
91 register offense and who is already required to register as a tier I offender due to having
92 been adjudicated of a tier I offense on a previous occasion; or
93(c) Any offender who is or has been adjudicated in any other state, territory, the
 CCS SS SCS HCS HBs 2637 & 3155  125
94 District of Columbia, or foreign country, or under federal, tribal, or military jurisdiction
95 for an offense of a sexual nature or with a sexual element that is comparable to a tier II
96 offense or that meets the definition of a tier II offense under the Sex Offender Registration
97 and Notification Act, Title I of the Adam Walsh Child Protection and Safety Act of 2006,
98 P.L. 109-248, as amended;
99(25) "Tier III offender":
100(a) An individual who has been adjudicated for a tier III offense;
101(b) Any offender registered as a predatory sexual offender or a persistent sexual
102 offender, as the terms "predatory sexual offender" and "persistent sexual offender" are
103 defined in section 566.125;
104(c) Any offender who is adjudicated for an offense comparable to a tier I offense
105 or tier II offense or failure to register offense under section 589.425, or other comparable
106 out-of-state failure to register offense, who has been or is already required to register as
107 a tier II offender because of having been adjudicated for a tier II offense, two tier I
108 offenses, or a combination of a tier I offense and a failure to register offense, on a previous
109 occasion;
110(d) Any offender who is adjudicated in any other state, territory, the District of
111 Columbia, or foreign country, or under federal, tribal, or military jurisdiction for an
112 offense of a sexual nature or with a sexual element that is comparable to a tier III offense
113 or that meets the definition of a tier III offense under the Sex Offender Registration and
114 Notification Act, Title I of the Adam Walsh Child Protection and Safety Act of 2006, P.L.
115 109-248, as amended; or
116(e) Any offender who is adjudicated in this state for any offense of a sexual nature
117 or with a sexual element requiring registration under sections 589.400 to 589.425 that is
118 not classified as a tier I offense or tier II offense in this section;
119(26) "Tier I offense", the following adjudicated offenses:
120(a) Kidnapping in the first degree under section 565.110 with sexual motivation if
121 the victim is eighteen years of age or older;
122(b) Kidnapping in the second degree under section 565.120 with sexual motivation
123 if the victim is eighteen years of age or older;
124(c) Kidnapping in the third degree under section 565.130 with sexual motivation
125 if the victim is eighteen years of age or older;
126(d) Invasion of privacy under section 565.252 if the victim is less than eighteen
127 years of age;
128(e) Child molestation in the second degree under section 566.068 as it existed prior
129 to January 1, 2017, if the punishment is less than one year;
 CCS SS SCS HCS HBs 2637 & 3155  126
130(f) Sexual misconduct involving a child under section 566.083 if it is a first offense
131 and the punishment is less than one year;
132(g) Sexual misconduct in the first degree under section 566.093;
133(h) Sexual misconduct in the second degree under section 566.095;
134(i) Sexual abuse in the first degree under section 566.100 if the victim is eighteen
135 years of age or older;
136(j) Sexual abuse in the second degree under section 566.101 if the punishment is less
137 than a year;
138(k) Sex with an animal under section 566.111;
139(l) Sexual conduct with a nursing facility resident or vulnerable person in the first
140 degree under section 566.115 if the punishment is less than one year;
141(m) Sexual conduct under section 566.116 with a nursing facility resident or
142 vulnerable person;
143(n) Sexual conduct in the course of public duty under section 566.145 if the victim
144 is eighteen years of age or older;
145(o) Trafficking for the purpose of sexual exploitation under section 566.209 if the
146 victim is eighteen years of age or older;
147(p) Promoting obscenity in the first degree under section 573.020 if the victim is less
148 than eighteen years of age;
149(q) Promoting pornography for minors or obscenity in the second degree under
150 section 573.030 if the victim is less than eighteen years of age;
151(r) Possession of child pornography under section 573.037 as it existed prior to
152 August 28, 2026;
153(s) Possession of child sexual abuse material under section 573.037;
154(t) Furnishing pornographic material to minors under section 573.040;
155(u) Public display of explicit sexual material under section 573.060 if the victim is
156 less than eighteen years of age; or
157(v) Coercing acceptance of obscene material under section 573.065 if the victim is
158 less than eighteen years of age;
159(27) "Tier II offense", the following adjudicated offenses:
160(a) Statutory sodomy in the second degree under section 566.064 if the victim is
161 sixteen to seventeen years of age;
162(b) Child molestation in the third degree under section 566.069 if the victim is
163 between thirteen and fourteen years of age;
164(c) Child molestation in the fourth degree under section 566.071 if the victim is
165 thirteen to seventeen years of age;
 CCS SS SCS HCS HBs 2637 & 3155  127
166(d) Sexual misconduct involving a child under section 566.083 if it is a first offense
167 and the penalty is a term of imprisonment of one year or more;
168(e) Sexual contact with a student under section 566.086 if the victim is thirteen to
169 seventeen years of age;
170(f) Sexual abuse in the first degree under section 566.100 if the victim is thirteen
171 to seventeen years of age;
172(g) Sexual conduct in the course of public duty under section 566.145 if the victim
173 is thirteen to seventeen years of age;
174(h) Grooming or enticement of a minor under section 566.151;
175(i) Age misrepresentation with intent to solicit a minor under section 566.153;
176(j) Patronizing prostitution under section 567.030 if the person patronized is
177 eighteen years of age or older;
178(k) Promoting prostitution in the first degree under section 567.050 if the victim
179 is eighteen years of age or older;
180(l) Promoting prostitution in the second degree under section 567.060 if the victim
181 is eighteen years of age or older;
182(m) Promoting prostitution in the third degree under section 567.070 if the victim
183 is eighteen years of age or older;
184(n) Abuse of a child under section 568.060 if the offense is of a sexual nature and
185 the victim is thirteen to seventeen years of age;
186(o) Sexual exploitation of a minor under section 573.023;
187(p) Promoting child pornography in the first degree under section 573.025 as it
188 existed prior to August 28, 2026;
189(q) Promoting child sexual abuse material in the first degree under section 573.025;
190(r) Promoting child pornography in the second degree under section 573.035 as it
191 existed prior to August 28, 2026;
192(s) Promoting child sexual abuse material in the second degree under section
193 573.035;
194(t) Nonconsensual dissemination of private sexual images under section 573.110 if
195 the victim is seventeen years of age or under or if coercion of the victim was sexual in
196 nature; or
197(u) Threatening the nonconsensual dissemination of private sexual images under
198 section 573.112 if the victim is seventeen years of age or under or if coercion of the victim
199 was sexual in nature;
200(28) "Tier III offense", the following adjudicated offenses:
201(a) Kidnapping in the first degree under section 565.110 if the victim is under
 CCS SS SCS HCS HBs 2637 & 3155  128
202 eighteen years of age, excluding kidnapping by a parent or guardian of a nonsexual nature;
203(b) Kidnapping in the second degree under section 565.120 if the victim is under
204 eighteen years of age, excluding kidnapping by a parent or guardian of a nonsexual nature;
205(c) Kidnapping in the third degree under section 565.130 if the victim is under
206 eighteen years of age, excluding kidnapping by a parent or guardian of a nonsexual nature;
207(d) Child kidnapping under section 565.115;
208(e) Rape in the first degree under section 566.030;
209(f) Rape in the second degree under section 566.031;
210(g) Statutory rape in the first degree under section 566.032;
211(h) Statutory rape in the second degree under section 566.034;
212(i) Sodomy in the first degree under section 566.060;
213(j) Sodomy in the second degree under section 566.061;
214(k) Statutory sodomy in the first degree under section 566.062;
215(l) Statutory sodomy in the second degree under section 566.064 if the victim is
216 under sixteen years of age;
217(m) Child molestation in the first degree under section 566.067;
218(n) Child molestation in the second degree under section 566.068;
219(o) Child molestation in the third degree under section 566.069 if the victim is
220 under thirteen years of age;
221(p) Child molestation in the fourth degree under section 566.071 if the victim is
222 under thirteen years of age;
223(q) Sexual misconduct involving a child under section 566.083 if the offense is a
224 second or subsequent offense;
225(r) Sexual contact with a student under section 566.086 if the victim is under
226 thirteen years of age;
227(s) Sexual abuse in the first degree under section 566.100 if the victim is under
228 thirteen years of age;
229(t) Sexual abuse in the second degree under section 566.101 if the penalty is a term
230 of imprisonment of one year or more;
231(u) Sexual conduct with a nursing facility resident or vulnerable person in the first
232 degree under section 566.115 if the punishment is one year or more;
233(v) Sexual conduct in the course of public duty under section 566.145 if the victim
234 is under thirteen years of age;
235(w) Trafficking for the purpose of sexual exploitation under section 566.209 if the
236 victim is under eighteen years of age;
237(x) Sexual trafficking of a child in the first degree under section 566.210;
 CCS SS SCS HCS HBs 2637 & 3155  129
238(y) Sexual trafficking of a child in the second degree under section 566.211;
239(z) Patronizing prostitution under section 567.030 if the offender is a persistent
240 offender or if the person patronized is less than eighteen years of age;
241(aa) Promoting prostitution in the first degree under section 567.050 if the victim
242 is under eighteen years of age;
243(bb) Promoting prostitution in the second degree under section 567.060 if the victim
244 is under eighteen years of age;
245(cc) Promoting prostitution in the third degree under section 567.070 if the victim
246 is under eighteen years of age;
247(dd) Promoting travel for prostitution under section 567.085 if the victim is under
248 eighteen years of age;
249(ee) Incest under section 568.020;
250(ff) Endangering the welfare of a child in the first degree under section 568.045 if
251 the offense is sexual in nature or if the offense involves sexual intercourse or deviate sexual
252 intercourse with a victim under eighteen years of age;
253(gg) Abuse of a child under section 568.060 if the offense is of a sexual nature and
254 the victim is under thirteen years of age;
255(hh) Genital mutilation of a female child under section 568.065;
256(ii) Use of a child in a sexual performance under section 573.200; or
257(jj) Promoting a sexual performance by a child under section 573.205;
258[(14)] (29) "Vehicle", any land vehicle, watercraft, or aircraft.
         589.405. 1. Any person who is required to register under sections 589.400 to 589.425
2  and who is released on probation, discharged upon payment of a fine, or released after
3  confinement in a county jail shall, prior to such release or discharge and at the time of
4  adjudication, be informed of the possible duty to register pursuant to sections 589.400 to 589.425
5  by the court having jurisdiction over the case. If such person is required to register pursuant to
6  sections 589.400 to 589.425 and is placed on probation, the court shall make it a condition of
7  probation that the offender report within three business days to the [chief law enforcement]
8  registration official of the county of adjudication or city not within a county of adjudication to
9  complete initial registration. If such offender is not placed on probation, the court shall:
10(1) If the offender resides in Missouri, complete the initial notification of duty to register
11  form approved by the state judicial records committee and the Missouri state highway patrol and
12  forward the form within three business days to the Missouri state highway patrol and the [chief
13  law enforcement] registration official in the county or city not within a county in which the
14  offender resides; or
15(2) If the offender does not reside in Missouri:
CCS SS SCS HCS HBs 2637 & 3155  130
16(a) Order the offender to report directly to the [chief law enforcement] registration
17 official in the county or city not within a county where the adjudication was heard to register as
18 provided in sections 589.400 to 589.425; and
19(b) Complete the initial notification of duty to register form approved by the state
20 judicial records committee and the Missouri state highway patrol and forward the form within
21 three business days to the Missouri state highway patrol and the [chief law enforcement]
22 registration official in the county or city not within a county where the offender was
23 adjudicated.
242. If the offender resides in Missouri and refuses to complete and sign the registration
25 information as provided in subdivision (1) of subsection 1 of this section, or if the offender
26 resides outside of Missouri and refuses to directly report to the [chief law enforcement]
27 registration official as provided in subdivision (2) of subsection 1 of this section, the offender
28 commits the offense of failure to register under section 589.425.
                   [589.407. 1. Any registration pursuant to sections 589.400 to 589.425
2shall consist of completion of an offender registration form developed by the
3Missouri state highway patrol or other format approved by the Missouri state
4highway patrol. Such form shall consist of a statement, including the
5signature of the offender, and shall include, but is not limited to, the
6following:
7(1) A statement in writing signed by the person, giving the name,
8address, date of birth, biological sex, as defined in section 191.1720, Social
9Security number, and phone number of the person, the license plate number
10and vehicle description, including the year, make, model, and color of each
11vehicle owned or operated by the offender, any online identifiers[, as defined
12in section 43.651,] used by the person, the place of employment of such
13person, enrollment within any institutions of higher education, the crime
14which requires registration, whether the person was sentenced as a persistent
15or predatory offender pursuant to section 566.125, the date, place, and a brief
16description of such crime, the date and place of the conviction or plea
17regarding such crime, the age and gender of the victim at the time of the
18offense and whether the person successfully completed the Missouri sexual
19offender program pursuant to section 589.040, if applicable;
20(2) The fingerprints and palm prints of the person;
21(3) Unless the offender's appearance has not changed significantly, a
22photograph of such offender as follows:
23(a) Quarterly if a tier III sex offender [under section 589.414]. Such
24photograph shall be taken every ninety days beginning in the month of the
25person's birth;
26(b) Semiannually if a tier II sex offender. Such photograph shall be
27taken in the month of the person's birth and six months thereafter; and
28(c) Yearly if a tier I sex offender. Such photograph shall be taken in
CCS SS SCS HCS HBs 2637 & 3155  131
29      the month of the person's birth; [and]
30(4) A DNA sample from the individual, if a sample has not already
31      been obtained; and
32(5) Information regarding any temporary residence where the
33      offender is staying away from his or her primary residence for seven or
34      more days, including the period of time the offender is staying in such
35      place, regardless of whether the temporary residence is in Missouri or
36      any other place.
372.     The offender shall provide positive identification and
38      documentation to substantiate the accuracy of the information completed on
39      the offender registration form, including but not limited to the following:
40(1) A photocopy of a valid driver's license or nondriver's identification
41      card;
42(2) A document verifying proof of the offender's residency; and
43(3) A photocopy of the vehicle registration for each of the offender's
44      vehicles.
453. The Missouri state highway patrol shall maintain all required
46      registration information in digitized form.
474. [Upon receipt of any changes to an offender's registration
48      information contained in this section, the Missouri state highway patrol shall
49      immediately notify all other jurisdictions in which the offender is either
50      registered or required to register.
515.] The offender shall be responsible for reviewing his or her existing
52      registration information for accuracy at every regular in-person appearance
53      and, if any inaccuracies are found, provide proof of the information in
54      question.
555. (1) Regular in-person appearances to the registration official
56      following initial registration shall be required:
57(a) Annually for tier I offenders;
58(b) Every six months for tier II offenders; and
59(c) Every ninety days for tier III offenders.
60(2) For the purposes of establishing a schedule for registration
61      appearances, the registration official shall ensure that the required
62      registration interval is followed from the date of any initial registration
63      until the month of an offender's birth and at the appropriate interval
64      beginning from the month of the offender's birth thereafter.
656. The signed offender registration form shall serve as proof that the
66      individual understands his or her duty to register as a sexual offender under
67      sections 589.400 to 589.425 and a statement to this effect shall be included on
68      the form that the individual is required to sign at each registration.
697. If an offender has a guardian appointed by a court of
70      competent jurisdiction, the guardian may sign affirming the accuracy of
71      the offender registration form under this section. Nothing in this
72      subsection shall alleviate the requirements of the offender to appear in
CCS SS SCS HCS HBs 2637 & 3155  132
73person, nor shall this subsection be construed to affect any restrictions
74applicable to an offender because of the offender's status on the sexual
75offender registry.
768. Notwithstanding subsection 1 of section 527.270, no person
77required to register under sections 589.400 to 589.425 shall change his or
78her name for the period of time he or she is required to be placed on the
79registry.]
       589.407. 1. Any registration pursuant to sections 589.400 to 589.425 shall consist of
2  completion of an offender registration form developed by the Missouri state highway patrol or
3  other format approved by the Missouri state highway patrol. Such form shall consist of a
4  statement, including the signature of the offender, and shall include, but is not limited to, the
5  following:
6(1) A statement in writing signed by the person, giving the name, address, date of birth,
7 biological sex, as designated on the birth certificate, Social Security number, and phone
8 number of the person, the license plate number and vehicle description, including the year,
9 make, model, and color of each vehicle owned or operated by the offender, any online
10 identifiers[, as defined in section 43.651,] used by the person, the place of employment of such
11 person, enrollment within any institutions of higher education, the crime which requires
12 registration, whether the person was sentenced as a persistent or predatory offender pursuant to
13 section 566.125, the date, place, and a brief description of such crime, the date and place of the
14 conviction or plea regarding such crime, the age and gender of the victim at the time of the
15 offense and whether the person successfully completed the Missouri sexual offender program
16 pursuant to section 589.040, if applicable;
17(2) The fingerprints and palm prints of the person;
18(3) Unless the offender's appearance has not changed significantly, a photograph of such
19 offender as follows:
20(a) Quarterly if a tier III sex offender [under section 589.414]. Such photograph shall
21 be taken every ninety days beginning in the month of the person's birth;
22(b) Semiannually if a tier II sex offender. Such photograph shall be taken in the month
23 of the person's birth and six months thereafter; and
24(c) Yearly if a tier I sex offender. Such photograph shall be taken in the month of the
25 person's birth; [and]
26(4) A DNA sample from the individual, if a sample has not already been obtained; and
27(5) Information regarding any temporary residence where the offender is staying
28 away from his or her primary residence for seven or more days, including the period of
29 time the offender is staying in such place, regardless of whether the temporary residence
30 is in Missouri or any other place.
CCS SS SCS HCS HBs 2637 & 3155  133
312. The offender shall provide positive identification and documentation to substantiate
32 the accuracy of the information completed on the offender registration form, including but not
33 limited to the following:
34(1) A photocopy of a valid driver's license or nondriver's identification card;
35(2) A document verifying proof of the offender's residency; and
36(3) A photocopy of the vehicle registration for each of the offender's vehicles.
373. The Missouri state highway patrol shall maintain all required registration information
38 in digitized form.
394. [Upon receipt of any changes to an offender's registration information contained in
40 this section, the Missouri state highway patrol shall immediately notify all other jurisdictions
41 in which the offender is either registered or required to register.
425.] The offender shall be responsible for reviewing his or her existing registration
43 information for accuracy at every regular in-person appearance and, if any inaccuracies are
44 found, provide proof of the information in question.
455. (1) Regular in-person appearances to the registration official following initial
46 registration shall be required:
47(a) Annually for tier I offenders;
48(b) Every six months for tier II offenders; and
49(c) Every ninety days for tier III offenders.
50(2) For the purposes of establishing a schedule for registration appearances, the
51 registration official shall ensure that the required registration interval is followed from the
52 date of any initial registration until the month of an offender's birth and at the appropriate
53 interval beginning from the month of the offender's birth thereafter.
546. The signed offender registration form shall serve as proof that the individual
55 understands his or her duty to register as a sexual offender under sections 589.400 to 589.425
56 and a statement to this effect shall be included on the form that the individual is required to sign
57 at each registration.
587. If an offender has a guardian appointed by a court of competent jurisdiction, the
59 guardian may sign affirming the accuracy of the offender registration form under this
60 section. Nothing in this subsection shall alleviate the requirements of the offender to
61 appear in person, nor shall this subsection be construed to affect any restrictions
62 applicable to an offender because of the offender's status on the sexual offender registry.
638. Notwithstanding subsection 1 of section 527.270, no person required to register
64 under sections 589.400 to 589.425 shall change his or her name for the period of time he
65 or she is required to be placed on the registry.
CCS SS SCS HCS HBs 2637 & 3155  134
    589.410. 1. All notifications of a requirement to register shall be reported to the
2 sex offender registry within three days, in a manner prescribed by the Missouri state
3 highway patrol.
4      2. The [chief law enforcement] registration official shall [forward] enter the completed
 5 offender registration [form to] forms and related updates into the sex offender registry in a
 6 manner prescribed by the Missouri state highway patrol within three days. The Missouri state
 7 highway patrol shall [enter] ensure the information entered into the sex offender registry is
 8 accessible through the Missouri uniform law enforcement system (MULES) [where it is] and
 9 forwarded to the National Crime Information Center (NCIC) in accordance with
10 applicable law. The information shall also be available to members of the criminal justice
11 system, and other entities as provided by law, upon inquiry. Certain portions of the
12 information shall also be published on the internet in accordance with this section.
     [43.650.] 589.411. 1. The Missouri state highway patrol shall[, subject to
 2 appropriation,] maintain a web page on the internet which shall be open to the public and shall
 3 include a registered sexual offender search capability.
42. Except as provided in subsections 4 and 5 of this section, the registered sexual
5 offender search shall make it possible for any person using the internet to search for and find the
6 information specified in subsection 4 of this section, if known, on offenders registered in this
7 state pursuant to sections 589.400 to 589.425.
83. The registered sexual offender search shall include the capability to search for sexual
9 offenders by name, zip code, and by typing in an address and specifying a search within a certain
10 number of miles radius from that address.
114. Only the information listed in this subsection shall be provided to the public in the
12 registered sexual offender search:
13(1) The name and any known aliases of the offender;
14(2) The date of birth and any known alias dates of birth of the offender;
15(3) A physical description of the offender;
16(4) The residence, temporary, work, and school addresses of the offender, including the
17 street address, city, county, state, and zip code;
18(5) Any photographs of the offender;
19(6) A physical description of the offender's vehicles, including the year, make, model,
20 color, and license plate number;
21(7) The nature and dates of all offenses qualifying the offender to register, including the
22 tier level assigned to the offender under sections 589.400 to 589.425;
23(8) The date on which the offender was released from the department of mental health,
24 prison, or jail, or placed on parole, supervised release, or probation for the offenses qualifying
CCS SS SCS HCS HBs 2637 & 3155  135
25 the offender to register;
26(9) Compliance status of the offender with the provisions of section 589.400 to 589.425;
27 and
28(10) Any online identifiers[, as defined in section 43.651,] used by the person. Such
29 online identifiers shall not be included in the general profile of an offender on the web page and
30 shall only be available to a member of the public by a search using the specific online identifier
31 to determine if a match exists with a registered offender.
325. Juveniles required to register under subdivision (5) of subsection 1 of section 589.400
33 shall be exempt from public notification on the internet to include any adjudications from
34 another state, territory, the District of Columbia, or foreign country or any federal, tribal, or
35 military jurisdiction.
366. The Missouri state highway patrol shall regularly update the web page to remove
37 persons who have been ordered removed or exempt by a court in accordance with section
38 589.401, persons who are deceased, and persons who have moved out of the state. In the
39 case of a person who has moved out of the state, the entry shall remain until the Missouri
40 state highway patrol confirms the person has complied with all registration requirements
41 in the person's new state, territory, or country of residence, when applicable.
427. In addition to the web page maintained by the Missouri state highway patrol, a
43 registration official may maintain a web page on the internet, which shall be open to the
44 public and shall include a registered sexual offender search capability. Except as provided
45 in subsections 5 and 6 of this section, the registered sexual offender search shall make it
46 possible for any person using the internet to search for and find the information specified
47 in subsection 5 of this section, if known, on offenders registered in this state pursuant to
48 sections 589.400 to 589.425. The chief law enforcement officer of any county or city not
49 within a county may also publish in any newspaper distributed in the county or city not
50 within a county the offender information provided under subsection 3 of this section for
51 any offender residing in the county or city not within a county.
        [43.651.] 589.412. [1. As used in this section, the following terms shall mean:
2(1) "Electronic mail", the transmission of information or communication by the use of
3 the internet, a computer, a facsimile machine, a pager, a cellular telephone or other wireless
4 communication device, a video recorder, or other electronic means sent to a person identified
5 by a unique address or address number and received by that person;
6(2) "Entity", a business or organization that provides internet service, electronic
7 communications service, remote computing service, online service, electronic mail service, or
8 electronic instant message or chat services whether the business or organization is within or
9 outside this state;
CCS SS SCS HCS HBs 2637 & 3155  136
10(3) "Instant message", a form of real-time text communication between two or more
11 people. The communication is conveyed via computers connected over a network such as the
12 internet, or between cell phone or wireless communication device users, or over a cell phone or
13 wireless communication device network;
14(4) "Online identifier", includes all of the following: electronic mail address and instant
15 message screen name, user ID, cell phone number or wireless communication device number
16 or identifier, chat or other internet communication name, or other identity information.
172.] Subject to appropriations, the Missouri state highway patrol shall make registry
18 information regarding a registered sexual offender's online identifiers available to an entity for
19 the purpose of allowing the entity to prescreen users or for comparison with information held
20 by the entity as provided by this subsection:
21(1) The information obtained by an entity from the state sexual offender registry shall
22 not be used for any purpose other than for prescreening its users or comparing the database of
23 registered users of the entity against the list of online identifiers of persons in the state sexual
24 offender registry in order to protect children from online sexual predators. The Missouri state
25 highway patrol shall promulgate rules and regulations regarding the release and use of online
26 identifier information. Any rule or portion of a rule, as that term is defined in section 536.010,
27 that is created under the authority delegated in this section shall become effective only if it
28 complies with and is subject to all of the provisions of chapter 536 and, if applicable, section
29 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with
30 the general assembly pursuant to chapter 536 to review, to delay the effective date, or to
31 disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking
32 authority and any rule proposed or adopted after August 28, 2008, shall be invalid and void;
33(2) Any entity desiring to prescreen its users or compare its database of registered users
34 to the list of online identifiers of persons in the state sexual offender registry may apply to the
35 Missouri state highway patrol to access the information. An entity that complies with the rules
36 and regulations promulgated by the Missouri state highway patrol regarding the release and use
37 of the online identifier information and pays the fee established by the Missouri state highway
38 patrol may screen new users or compare its database of registered users to the list of online
39 identifiers of persons in the state sexual offender registry as frequently as the Missouri state
40 highway patrol may allow for the purpose of identifying a registered user associated with an
41 online identifier contained in the state sexual offender registry;
42(3) Any entity complying with this subsection in good faith shall be immune from any
43 civil or criminal liability resulting from:
44(a) The entity's refusal to provide system service to a person on the basis that the entity
45 believed that the person was required to register under sections 589.400 to 589.425;
CCS SS SCS HCS HBs 2637 & 3155  137
46(b) A person's criminal or tortious acts when the person is required to register pursuant
47 to sections 589.400 to 589.425, and the person complied with the requirement to register their
48 online identifiers under section 589.407, and committed the criminal or tortious acts against a
49 minor with whom he or she had communicated on the entity's system by using their registered
50 online identifier; or
51(c) Any activity for which the entity would be immune from liability under 47 U.S.C.
52 Section 230.
        [43.533.] 589.413. 1. The Missouri state highway patrol shall, subject to appropriation,
2 operate a toll-free telephone number in order to disseminate registration information provided
3 by [individuals] persons who are required to register under sections 589.400 to 589.425, and
4 receive information from persons regarding the residency of a registered sexual offender. The
5 information available via the telephone number shall include only information that offenders are
6 required to provide under section 589.407. When the Missouri state highway patrol provides
7 such information regarding a sexual offender, the patrol personnel shall advise the person
8 making the inquiry that positive identification of a person believed to be a sexual offender
9 cannot be established unless a fingerprint comparison is made, and that it is illegal to use such
10 information regarding a registered sexual offender to facilitate the commission of a crime. The
11 toll-free telephone number shall be published on the Missouri state highway patrol's sexual
12 offender registry website maintained under section [43.650] 589.411.
132. The Missouri state highway patrol shall promulgate rules to effect the enforcement
14 of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is
15 created under the authority delegated in this section shall become effective only if it complies
16 with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.
17 This section and chapter 536 are nonseverable and if any of the powers vested with the general
18 assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and
19 annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and
20 any rule proposed or adopted after August 28, 2006, shall be invalid and void.
                  [589.414. 1. Any person required by sections 589.400 to 589.425 to
2register shall, within three business days, appear in person to the chief law
3enforcement officer of the county or city not within a county if there is a
4change to any of the following information:
5(1) Name;
6(2) Residence;
7(3) Employment, including status as a volunteer or intern;
8(4) Student status; or
9(5) A termination to any of the items listed in this subsection.
102. Any person required to register under sections 589.400 to 589.425
11shall, within three business days, notify the chief law enforcement official of
CCS SS SCS HCS HBs 2637 & 3155  138
12      the county or city not within a county of any changes to the following
13      information:
14(1) Vehicle information;
15(2) Temporary lodging information;
16(3) Temporary residence information;
17(4) Email addresses, instant messaging addresses, and any other
18      designations used in internet communications, postings, or telephone
19      communications; or
20(5) Telephone or other cellular number, including any new forms of
21      electronic communication.
223. The chief law enforcement official in the county or city not within
23      a county shall immediately forward the registration changes described under
24      subsections 1 and 2 of this section to the Missouri state highway patrol within
25      three business days.
264. If any person required by sections 589.400 to 589.425 to register
27      changes such person's residence or address to a different county or city not
28      within a county, the person shall appear in person and shall inform both the
29      chief law enforcement official with whom the person last registered and the
30      chief law enforcement official of the county or city not within a county having
31      jurisdiction over the new residence or address in writing within three business
32      days of such new address and phone number, if the phone number is also
33      changed. If any person required by sections 589.400 to 589.425 to register
34      changes his or her state, territory, the District of Columbia, or foreign country,
35      or federal, tribal, or military jurisdiction of residence, the person shall appear
36      in person and shall inform both the chief law enforcement official with whom
37      the person was last registered and the chief law enforcement official of the
38      area in the new state, territory, the District of Columbia, or foreign country,
39      or federal, tribal, or military jurisdiction having jurisdiction over the new
40      residence or address within three business days of such new address.
41      Whenever a registrant changes residence, the chief law enforcement official
42      of the county or city not within a county where the person was previously
43      registered shall inform the Missouri state highway patrol of the change within
44      three business days. When the registrant is changing the residence to a new
45      state, territory, the District of Columbia, or foreign country, or federal, tribal,
46      or military jurisdiction, the Missouri state highway patrol shall inform the
47      responsible official in the new state, territory, the District of Columbia, or
48      foreign country, or federal, tribal, or military jurisdiction of residence within
49      three business days.
505. Tier I sexual offenders, in addition to the requirements of
51      subsections 1 to 4 of this section, shall report in person to the chief law
52      enforcement official annually in the month of their birth to verify the
53      information contained in their statement made pursuant to section 589.407.
54      Tier I sexual offenders include:
55(1) Any offender who has been adjudicated for the offense of:
CCS SS SCS HCS HBs 2637 & 3155  139
56(a) Sexual abuse in the first degree under section 566.100 if the victim
57      is eighteen years of age or older;
58(b) Sexual misconduct involving a child under section 566.083 if it is
59      a first offense and the punishment is less than one year;
60(c) Sexual abuse in the second degree under section 566.101 if the
61      punishment is less than a year;
62(d) Kidnapping in the second degree under section 565.120 with
63      sexual motivation;
64(e) Kidnapping in the third degree under section 565.130;
65(f) Sexual conduct with a nursing facility resident or vulnerable
66      person in the first degree under section 566.115 if the punishment is less than
67      one year;
68(g) Sexual conduct under section 566.116 with a nursing facility
69      resident or vulnerable person;
70(h) Sexual [contact with a prisoner or offender] conduct in the course
71      of public duty under section 566.145 if the victim is eighteen years of age or
72      older;
73(i) Sex with an animal under section 566.111;
74(j) Trafficking for the purpose of sexual exploitation under section
75      566.209 if the victim is eighteen years of age or older;
76(k) Possession of child pornography under section 573.037 as it
77      existed prior to August 28, 2026;
78(l) Possession of child sexual abuse material under section
79      573.037;
80(m) Sexual misconduct in the first degree under section 566.093;
81[(m)] (n) Sexual misconduct in the second degree under section
82      566.095;
83[(n)] (o) Child molestation in the second degree under section 566.068
84      as it existed prior to January 1, 2017, if the punishment is less than one year;
85      [or
86(o)] (p) Invasion of privacy under section 565.252 if the victim is less
87      than eighteen years of age; or
88(q) Grooming of a minor under section 566.152;
89(2) Any offender who is or has been adjudicated in any other state,
90      territory, the District of Columbia, or foreign country, or under federal, tribal,
91      or military jurisdiction of an offense of a sexual nature or with a sexual
92      element that is comparable to the tier I sexual offenses listed in this subsection
93      or, if not comparable to those in this subsection, comparable to those
94      described as tier I offenses under the Sex Offender Registration and
95      Notification Act, Title I of the Adam Walsh Child Protection and Safety Act
96      of 2006, Pub. L. 109-248.
976. Tier II sexual offenders, in addition to the requirements of
98      subsections 1 to 4 of this section, shall report semiannually in person in the
99      month of their birth and six months thereafter to the chief law enforcement
 CCS SS SCS HCS HBs 2637 & 3155  140
100      official to verify the information contained in their statement made pursuant
101      to section 589.407. Tier II sexual offenders include:
102(1) Any offender who has been adjudicated for the offense of:
103(a) Statutory sodomy in the second degree under section 566.064 if
104      the victim is sixteen to seventeen years of age;
105(b) Child molestation in the third degree under section 566.069 if the
106      victim is between thirteen and fourteen years of age;
107(c) Sexual contact with a student under section 566.086 if the victim
108      is thirteen to seventeen years of age;
109(d) Enticement of a child under section 566.151;
110(e) Abuse of a child under section 568.060 if the offense is of a sexual
111      nature and the victim is thirteen to seventeen years of age;
112(f) Sexual exploitation of a minor under section 573.023;
113(g) Promoting child pornography in the first degree under section
114      573.025 as it existed prior to August 28, 2026;
115(h) Promoting child sexual abuse material in the first degree
116      under section 573.025;
117(i) Promoting child pornography in the second degree under section
118      573.035 as it existed prior to August 28, 2026;
119(j) Promoting child sexual abuse material in the second degree
120      under section 573.035;
121[(i)] (k) Patronizing prostitution under section 567.030;
122[(j)] (l) Sexual [contact with a prisoner or offender] conduct in the
123      course of public duty under section 566.145 if the victim is thirteen to
124      seventeen years of age;
125[(k)] (m) Child molestation in the fourth degree under section 566.071
126      if the victim is thirteen to seventeen years of age;
127[(l)] (n) Sexual misconduct involving a child under section 566.083
128      if it is a first offense and the penalty is a term of imprisonment of more than
129      a year; [or
130(m)] (o) Age misrepresentation with intent to solicit a minor under
131      section 566.153;
132(p) Nonconsensual dissemination of private sexual images under
133      section 573.110 if the victim is seventeen years of age or under or if
134      coercion of the victim was sexual in nature; or
135(q) Threatening the nonconsensual dissemination of private sexual
136      images under section 573.112 if the victim is seventeen years of age or
137      under or if coercion of the victim was sexual in nature;
138(2) Any person who is adjudicated of an offense comparable to a tier
139      I offense listed in this section or failure to register offense under section
140      589.425 or comparable out-of-state failure to register offense and who is
141      already required to register as a tier I offender due to having been adjudicated
142      of a tier I offense on a previous occasion; or
143(3) Any person who is or has been adjudicated in any other state,
 CCS SS SCS HCS HBs 2637 & 3155  141
144      territory, the District of Columbia, or foreign country, or under federal, tribal,
145      or military jurisdiction for an offense of a sexual nature or with a sexual
146      element that is comparable to the tier II sexual offenses listed in this
147      subsection or, if not comparable to those in this subsection, comparable to
148      those described as tier II offenses under the Sex Offender Registration and
149      Notification Act, Title I of the Adam Walsh Child Protection and Safety Act
150      of 2006, Pub. L. 109-248.
1517. Tier III sexual offenders, in addition to the requirements of
152      subsections 1 to 4 of this section, shall report in person to the chief law
153      enforcement official every ninety days to verify the information contained in
154      their statement made under section 589.407. Tier III sexual offenders include:
155(1) Any offender registered as a predatory [sexual offender as defined
156      in section 566.123 or a] or persistent sexual offender as defined in section
157      [566.124] 566.125;
158(2) Any offender who has been adjudicated for the crime of:
159(a) Rape in the first degree under section 566.030;
160(b) Statutory rape in the first degree under section 566.032;
161(c) Rape in the second degree under section 566.031;
162(d) Endangering the welfare of a child in the first degree under section
163      568.045 if the offense is sexual in nature;
164(e) Sodomy in the first degree under section 566.060;
165(f) Statutory sodomy under section 566.062;
166(g) Statutory sodomy under section 566.064 if the victim is under
167      sixteen years of age;
168(h) Sodomy in the second degree under section 566.061;
169(i) Sexual misconduct involving a child under section 566.083 if the
170      offense is a second or subsequent offense;
171(j) Sexual abuse in the first degree under section 566.100 if the victim
172      is under thirteen years of age;
173(k) Kidnapping in the first degree under section 565.110 if the victim
174      is under eighteen years of age, excluding kidnapping by a parent or guardian;
175(l) Child kidnapping under section 565.115;
176(m) Sexual conduct with a nursing facility resident or vulnerable
177      person in the first degree under section 566.115 if the punishment is greater
178      than a year;
179(n) Incest under section 568.020;
180(o) Endangering the welfare of a child in the first degree under section
181      568.045 with sexual intercourse or deviate sexual intercourse with a victim
182      under eighteen years of age;
183(p) Child molestation in the first degree under section 566.067;
184(q) Child molestation in the second degree under section 566.068;
185(r) Child molestation in the third degree under section 566.069 if the
186      victim is under thirteen years of age;
187(s) Promoting prostitution in the first degree under section 567.050 if
 CCS SS SCS HCS HBs 2637 & 3155  142
188      the victim is under eighteen years of age;
189(t) Promoting prostitution in the second degree under section 567.060
190      if the victim is under eighteen years of age;
191(u) Promoting prostitution in the third degree under section 567.070
192      if the victim is under eighteen years of age;
193(v) Promoting travel for prostitution under section 567.085 if the
194      victim is under eighteen years of age;
195(w) Trafficking for the purpose of sexual exploitation under section
196      566.209 if the victim is under eighteen years of age;
197(x) Sexual trafficking of a child in the first degree under section
198      566.210;
199(y) Sexual trafficking of a child in the second degree under section
200      566.211;
201(z) Genital mutilation of a female child under section 568.065;
202(aa) Statutory rape in the second degree under section 566.034;
203(bb) Child molestation in the fourth degree under section 566.071 if
204      the victim is under thirteen years of age;
205(cc) Sexual abuse in the second degree under section 566.101 if the
206      penalty is a term of imprisonment of more than a year;
207(dd) Patronizing prostitution under section 567.030 if the offender is
208      a persistent offender;
209(ee) Abuse of a child under section 568.060 if the offense is of a
210      sexual nature and the victim is under thirteen years of age;
211(ff) Sexual [contact with a prisoner or offender] conduct in the
212      course of public duty under section 566.145 if the victim is under thirteen
213      years of age;
214(gg) [Sexual intercourse with a prisoner or offender under section
215      566.145;
216(hh)] Sexual contact with a student under section 566.086 if the victim
217      is under thirteen years of age;
218[(ii)] (hh) Use of a child in a sexual performance under section
219      573.200; or
220[(jj)] (ii) Promoting a sexual performance by a child under section
221      573.205;
222(3) Any offender who is adjudicated for a crime comparable to a tier
223      I or tier II offense listed in this section or failure to register offense under
224      section 589.425, or other comparable out-of-state failure to register offense,
225      who has been or is already required to register as a tier II offender because of
226      having been adjudicated for a tier II offense, two tier I offenses, or
227      combination of a tier I offense and failure to register offense, on a previous
228      occasion;
229(4) Any offender who is adjudicated in any other state, territory, the
230      District of Columbia, or foreign country, or under federal, tribal, or military
231      jurisdiction for an offense of a sexual nature or with a sexual element that is
 CCS SS SCS HCS HBs 2637 & 3155  143
232comparable to a tier III offense listed in this section or a tier III offense under
233the Sex Offender Registration and Notification Act, Title I of the Adam Walsh
234Child Protection and Safety Act of 2006, Pub. L. 109-248; or
235(5) Any offender who is adjudicated in Missouri for any offense of a
236sexual nature requiring registration under sections 589.400 to 589.425 that is
237not classified as a tier I or tier II offense in this section.
2388. In addition to the requirements of subsections 1 to 7 of this section,
239all Missouri registrants who work, including as a volunteer or unpaid intern,
240or attend any school whether public or private, including any secondary
241school, trade school, professional school, or institution of higher education,
242on a full-time or part-time basis or have a temporary residence in this state
243shall be required to report in person to the chief law enforcement officer in the
244area of the state where they work, including as a volunteer or unpaid intern,
245or attend any school or training and register in that state. "Part-time" in this
246subsection means for more than seven days in any twelve-month period.
2479. If a person who is required to register as a sexual offender under
248sections 589.400 to 589.425 changes or obtains a new online identifier as
249defined in section 43.651, the person shall report such information in the same
250manner as a change of residence before using such online identifier.]
       589.414. 1. Any person required by sections 589.400 to 589.425 to register shall, within
  2 three business days, appear in person to the [chief law enforcement officer of the county or city
  3 not within a county] registration official if there is a change to any of the following
  4 information:
5(1) Name;
6(2) Residence;
7(3) Employment, including status as a volunteer or intern;
8(4) Student status; or
9(5) A termination to any of the items listed in this subsection.
102. Any person required to register under sections 589.400 to 589.425 shall, within three
11 business days, notify the [chief law enforcement] registration official [of the county or city not
12 within a county] of any changes to the following information:
13(1) Vehicle information;
14(2) [Temporary lodging information;
15(3)] Temporary residence information;
16[(4) Email addresses, instant messaging addresses, and any other designations used in
17 internet communications, postings, or telephone communications; or
18(5)] (3) Telephone or other cellular number, including any new forms of electronic
19 communication; or
20(4) Online identifiers.
CCS SS SCS HCS HBs 2637 & 3155  144
213. The [chief law enforcement] registration official [in the county or city not within a
22 county] shall immediately forward the registration changes described under subsections 1 and
23 2 of this section to the Missouri state highway patrol within three business days in accordance
24 with section 589.410.
254. (1) If any person required by sections 589.400 to 589.425 to register changes such
26 person's residence or address to a different county or city not within a county, the person shall
27 appear in person and shall inform both the [chief law enforcement] registration official with
28 whom the person last registered and the [chief law enforcement] registration official of the
29 county or city not within a county having jurisdiction over the new residence or address in
30 writing within three business days of such new address and phone number, if the phone number
31 is also changed.
32(2) If any person required by sections 589.400 to 589.425 to register changes his or her
33 state, territory, the District of Columbia, or foreign country, or federal, tribal, or military
34 jurisdiction of residence, the person shall appear in person and shall inform both the [chief law
35 enforcement] registration official with whom the person was last registered and the [chief law
36 enforcement] registration official of the area in the new state, territory, the District of
37 Columbia, or foreign country, or federal, tribal, or military jurisdiction having jurisdiction over
38 the new residence or address within three business days of such new address.
39(3) Whenever a registrant changes residence, the [chief law enforcement] registration
40 official of the county or city not within a county where the person was previously registered
41 shall inform the Missouri state highway patrol of the change within three business days.
42(4) When the registrant is changing the residence to a new state, territory, the District
43 of Columbia, or foreign country, or federal, tribal, or military jurisdiction, the Missouri state
44 highway patrol shall inform the responsible official in the new state, territory, the District of
45 Columbia, or foreign country, or federal, tribal, or military jurisdiction of residence within three
46 business days.
475. Registrants shall appear in person before the registration official and complete
48 all forms required for such purposes by the United States Marshals Service no less than
49 twenty-one days before travel outside of the United States. Such information shall be
50 forwarded to the United States Marshals Service, and a copy shall be provided by the
51 registration official to the Missouri state highway patrol in a manner prescribed by the
52 Missouri state highway patrol.
536. Offenders shall be classified as a tier I offender, tier II offender, or tier III
54 offender in accordance with this section. To the extent more than one tier definition
55 applies to an offender, the highest tier that applies shall be the tier into which the offender
56 is classified.
CCS SS SCS HCS HBs 2637 & 3155  145
577. The initial determination as to the tier of an offender shall be made by the
58 registration official when an offender first appears for registration with the official. Upon
59 receipt of an initial offender registration from a new registration official, the Missouri state
60 highway patrol shall analyze the initial tier determination for accuracy. If the Missouri
61 state highway patrol determines the initial tier decision is inaccurate, the Missouri state
62 highway patrol shall notify the registration official, and the Missouri state highway patrol's
63 determination shall control the tier classification. Upon receipt of an updated tiering
64 decision, the registration official shall notify the offender no later than the next previously
65 scheduled in-person check-in for the offender. Upon notification of the offender or failure
66 of the offender to appear at the next regularly scheduled in-person check, reporting
67 requirements aligning with the new tier determination shall be in effect.
688. Tier I [sexual] offenders, in addition to the requirements of subsections 1 to [4] 5 of
69 this section, shall report in person [to] before the [chief law enforcement] registration official
70 annually in the month of their birth to verify the information contained in their statement made
71 pursuant to section 589.407. [Tier I sexual offenders include:
72(1) Any offender who has been adjudicated for the offense of:
73(a) Sexual abuse in the first degree under section 566.100 if the victim is eighteen years
74 of age or older;
75(b) Sexual misconduct involving a child under section 566.083 if it is a first offense and
76 the punishment is less than one year;
77(c) Sexual abuse in the second degree under section 566.101 if the punishment is less
78 than a year;
79(d) Kidnapping in the second degree under section 565.120 with sexual motivation;
80(e) Kidnapping in the third degree under section 565.130;
81(f) Sexual conduct with a nursing facility resident or vulnerable person in the first degree
82 under section 566.115 if the punishment is less than one year;
83(g) Sexual conduct under section 566.116 with a nursing facility resident or vulnerable
84 person;
85(h) Sexual contact with a prisoner or offender under section 566.145 if the victim is
86 eighteen years of age or older;
87(i) Sex with an animal under section 566.111;
88(j) Trafficking for the purpose of sexual exploitation under section 566.209 if the victim
89 is eighteen years of age or older;
90(k) Possession of child pornography under section 573.037;
91(l) Sexual misconduct in the first degree under section 566.093;
92(m) Sexual misconduct in the second degree under section 566.095;
 CCS SS SCS HCS HBs 2637 & 3155  146
93(n) Child molestation in the second degree under section 566.068 as it existed prior to
94 January 1, 2017, if the punishment is less than one year; or
95(o) Invasion of privacy under section 565.252 if the victim is less than eighteen years
96 of age;
97(2) Any offender who is or has been adjudicated in any other state, territory, the District
98 of Columbia, or foreign country, or under federal, tribal, or military jurisdiction of an offense
99 of a sexual nature or with a sexual element that is comparable to the tier I sexual offenses listed
100 in this subsection or, if not comparable to those in this subsection, comparable to those described
101 as tier I offenses under the Sex Offender Registration and Notification Act, Title I of the Adam
102 Walsh Child Protection and Safety Act of 2006, Pub. L. 109-248.
1036.] 9. Tier II [sexual] offenders, in addition to the requirements of subsections 1 to [4]
104 5 of this section, shall report semiannually in person in the month of their birth and six months
105 thereafter to the [chief law enforcement] registration official to verify the information contained
106 in their statement made pursuant to section 589.407. [Tier II sexual offenders include:
107(1) Any offender who has been adjudicated for the offense of:
108(a) Statutory sodomy in the second degree under section 566.064 if the victim is sixteen
109 to seventeen years of age;
110(b) Child molestation in the third degree under section 566.069 if the victim is between
111 thirteen and fourteen years of age;
112(c) Sexual contact with a student under section 566.086 if the victim is thirteen to
113 seventeen years of age;
114(d) Enticement of a child under section 566.151;
115(e) Abuse of a child under section 568.060 if the offense is of a sexual nature and the
116 victim is thirteen to seventeen years of age;
117(f) Sexual exploitation of a minor under section 573.023;
118(g) Promoting child pornography in the first degree under section 573.025;
119(h) Promoting child pornography in the second degree under section 573.035;
120(i) Patronizing prostitution under section 567.030;
121(j) Sexual contact with a prisoner or offender under section 566.145 if the victim is
122 thirteen to seventeen years of age;
123(k) Child molestation in the fourth degree under section 566.071 if the victim is thirteen
124 to seventeen years of age;
125(l) Sexual misconduct involving a child under section 566.083 if it is a first offense and
126 the penalty is a term of imprisonment of more than a year; or
127(m) Age misrepresentation with intent to solicit a minor under section 566.153;
128(2) Any person who is adjudicated of an offense comparable to a tier I offense listed in
 CCS SS SCS HCS HBs 2637 & 3155  147
129 this section or failure to register offense under section 589.425 or comparable out-of-state failure
130 to register offense and who is already required to register as a tier I offender due to having been
131 adjudicated of a tier I offense on a previous occasion; or
132(3) Any person who is or has been adjudicated in any other state, territory, the District
133 of Columbia, or foreign country, or under federal, tribal, or military jurisdiction for an offense
134 of a sexual nature or with a sexual element that is comparable to the tier II sexual offenses listed
135 in this subsection or, if not comparable to those in this subsection, comparable to those described
136 as tier II offenses under the Sex Offender Registration and Notification Act, Title I of the Adam
137 Walsh Child Protection and Safety Act of 2006, Pub. L. 109-248.
1387.] 10. Tier III [sexual] offenders, in addition to the requirements of subsections 1 to [4]
139 5 of this section, shall report in person [to] before the [chief law enforcement] registration
140 official every ninety days to verify the information contained in their statement made under
141 section 589.407. [Tier III sexual offenders include:
142(1) Any offender registered as a predatory sexual offender as defined in section 566.123
143 or a persistent sexual offender as defined in section 566.124;
144(2) Any offender who has been adjudicated for the crime of:
145(a) Rape in the first degree under section 566.030;
146(b) Statutory rape in the first degree under section 566.032;
147(c) Rape in the second degree under section 566.031;
148(d) Endangering the welfare of a child in the first degree under section 568.045 if the
149 offense is sexual in nature;
150(e) Sodomy in the first degree under section 566.060;
151(f) Statutory sodomy under section 566.062;
152(g) Statutory sodomy under section 566.064 if the victim is under sixteen years of age;
153(h) Sodomy in the second degree under section 566.061;
154(i) Sexual misconduct involving a child under section 566.083 if the offense is a second
155 or subsequent offense;
156(j) Sexual abuse in the first degree under section 566.100 if the victim is under thirteen
157 years of age;
158(k) Kidnapping in the first degree under section 565.110 if the victim is under eighteen
159 years of age, excluding kidnapping by a parent or guardian;
160(l) Child kidnapping under section 565.115;
161(m) Sexual conduct with a nursing facility resident or vulnerable person in the first
162 degree under section 566.115 if the punishment is greater than a year;
163(n) Incest under section 568.020;
164(o) Endangering the welfare of a child in the first degree under section 568.045 with
 CCS SS SCS HCS HBs 2637 & 3155  148
165 sexual intercourse or deviate sexual intercourse with a victim under eighteen years of age;
166(p) Child molestation in the first degree under section 566.067;
167(q) Child molestation in the second degree under section 566.068;
168(r) Child molestation in the third degree under section 566.069 if the victim is under
169 thirteen years of age;
170(s) Promoting prostitution in the first degree under section 567.050 if the victim is under
171 eighteen years of age;
172(t) Promoting prostitution in the second degree under section 567.060 if the victim is
173 under eighteen years of age;
174(u) Promoting prostitution in the third degree under section 567.070 if the victim is
175 under eighteen years of age;
176(v) Promoting travel for prostitution under section 567.085 if the victim is under
177 eighteen years of age;
178(w) Trafficking for the purpose of sexual exploitation under section 566.209 if the victim
179 is under eighteen years of age;
180(x) Sexual trafficking of a child in the first degree under section 566.210;
181(y) Sexual trafficking of a child in the second degree under section 566.211;
182(z) Genital mutilation of a female child under section 568.065;
183(aa) Statutory rape in the second degree under section 566.034;
184(bb) Child molestation in the fourth degree under section 566.071 if the victim is under
185 thirteen years of age;
186(cc) Sexual abuse in the second degree under section 566.101 if the penalty is a term of
187 imprisonment of more than a year;
188(dd) Patronizing prostitution under section 567.030 if the offender is a persistent
189 offender;
190(ee) Abuse of a child under section 568.060 if the offense is of a sexual nature and the
191 victim is under thirteen years of age;
192(ff) Sexual contact with a prisoner or offender under section 566.145 if the victim is
193 under thirteen years of age;
194(gg) Sexual intercourse with a prisoner or offender under section 566.145;
195(hh) Sexual contact with a student under section 566.086 if the victim is under thirteen
196 years of age;
197(ii) Use of a child in a sexual performance under section 573.200; or
198(jj) Promoting a sexual performance by a child under section 573.205;
199(3) Any offender who is adjudicated for a crime comparable to a tier I or tier II offense
200 listed in this section or failure to register offense under section 589.425, or other comparable
 CCS SS SCS HCS HBs 2637 & 3155  149
201 out-of-state failure to register offense, who has been or is already required to register as a tier
202 II offender because of having been adjudicated for a tier II offense, two tier I offenses, or
203 combination of a tier I offense and failure to register offense, on a previous occasion;
204(4) Any offender who is adjudicated in any other state, territory, the District of
205 Columbia, or foreign country, or under federal, tribal, or military jurisdiction for an offense of
206 a sexual nature or with a sexual element that is comparable to a tier III offense listed in this
207 section or a tier III offense under the Sex Offender Registration and Notification Act, Title I of
208 the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. 109-248; or
209(5) Any offender who is adjudicated in Missouri for any offense of a sexual nature
210 requiring registration under sections 589.400 to 589.425 that is not classified as a tier I or tier
211 II offense in this section.
2128.] 11. In addition to the requirements of subsections 1 to [7] 5 and 8 to 10 of this
213 section, all Missouri registrants who work, including as a volunteer or unpaid intern, or attend
214 any school whether public or private, including any secondary school, trade school, professional
215 school, or institution of higher education, on a full-time or part-time basis or have a temporary
216 residence in this state shall be required to report in person [to] before the [chief law enforcement
217 officer] registration official in the area of the state where they work, including as a volunteer
218 or unpaid intern, or attend any school or training and register in that state. ["Part-time" in this
219 subsection means for more than seven days in any twelve-month period.
2209.] 12. If a person who is required to register as a sexual offender under sections 589.400
221 to 589.425 changes or obtains a new online identifier [as defined in section 43.651], the person
222 shall report such information in the same manner as a change of residence before using such
223 online identifier.
          589.415. [1.] Any probation officer or parole officer assigned to a sexual offender who
2 is required to register pursuant to sections 589.400 to 589.425 shall notify the appropriate law
3 enforcement officials whenever the probation officer or parole officer has reason to believe
4 that the offender will be changing his or her residence. Upon obtaining the new address where
5 the offender expects to reside, the probation officer or parole officer shall report such address
6 to the [chief law enforcement] registration official with whom the offender last registered and
7 the [chief law enforcement] registration official of the county having jurisdiction over the new
8 residence, if different. The probation officer or parole officer shall also inform the offender
9 of the offender's duty to register. However, nothing in this section shall affect the offender's
10 duty to register, pursuant to sections 589.400 to 589.425.
11[2. As used in this section, the term "probation officer" includes any agent of a private
12 entity assigned to provide probation supervision services to an offender due to the offender's
13 status as a sexual offender who is required to register pursuant to sections 589.400 to 589.425.]
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      589.417. 1. Except for the specific information listed in subsection 2 of this section, the
 2 complete statements, photographs and fingerprints required by sections 589.400 to 589.425 shall
 3 not be subject to the provisions of chapter 610 and are not public records as defined in section
 4 610.010, and shall be available only to courts, prosecutors and law enforcement agencies.
52. [Notwithstanding any provision of law to the contrary, the chief law enforcement
6 official of the county] (1) The following information shall be available as an open record
7 under chapter 610:
8(a) Any information retained by the Missouri state highway patrol required to be
9 published on the internet at the time of the request, as provided in section 589.411; and
10(b) The name, offense requiring registration, dates of registration, and compliance
11 status of any offender who has been removed from the internet because of death or a move
12 out of the state. For offenders who have moved out of the state, the new state of residence
13 shall also be an open record.
14(2) The registration official shall maintain, for all offenders registered in such county,
15 a complete list of the names, addresses and crimes for which such offenders are registered. Any
16 person may request such list from the [chief law enforcement] registration official of the
17 county.
183. Nothing in this section shall be construed to open any records relating to an
19 offender who has been removed from the sexual offender registry or found exempt under
20 section 589.401. Such records shall be governed by the provisions of chapter 610.
214. The metadata recorded by the sex offender registry system, website, or other
22 related databases utilized by the sex offender registry including activity logs, user
23 information, or other related information shall be a closed record, available only to
24 authorized users for the administration of criminal justice, as the term "administration of
25 criminal justice" is defined in section 43.500.
                  [589.425. 1. A person commits the crime of failing to register as a sex
2offender when the person is required to register under sections 589.400 to
3589.425 and fails to comply with any requirement of sections 589.400 to
4589.425. Failing to register as a sex offender is a class E felony unless the
5person is required to register based on having committed an offense in chapter
6566 which was an unclassified felony, a class A or B felony, or a felony
7involving a child under the age of fourteen, in which case it is a class D
8felony.
92. A person commits the crime of failing to register as a sex offender
10as a second offense by failing to comply with any requirement of sections
11589.400 to 589.425 and he or she has previously pled guilty to or has
12previously been found guilty of failing to register as a sex offender. Failing
13to register as a sex offender as a second offense is a class E felony unless the
14person is required to register based on having committed an offense in chapter
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15566, or an offense in any other state or foreign country, or under federal,
16tribal, or military jurisdiction, which if committed in this state would be an
17offense under chapter 566 which was an unclassified felony, a class A or B
18felony, or a felony involving a child under the age of fourteen, in which case
19it is a class D felony.
203. (1) A person commits the crime of failing to register as a sex
21offender as a third offense by failing to meet the requirements of sections
22589.400 to 589.425 and he or she has, on two or more occasions, previously
23pled guilty to or has previously been found guilty of failing to register as a sex
24offender. Failing to register as a sex offender as a third offense is a class A
25felony, which shall be punished by a term of imprisonment of not less than ten
26years and not more than thirty years.
27(2) No court may suspend the imposition or execution of sentence of
28a person who pleads guilty to or is found guilty of failing to register as a sex
29offender as a third offense. No court may sentence such person to pay a fine
30in lieu of a term of imprisonment.
31(3) [A person sentenced under this subsection shall not be eligible for
32conditional release or parole until he or she has served at least two years of
33imprisonment.
34(4)] Upon release, an offender who has committed failing to register
35as a sex offender as a third offense shall be electronically monitored as a
36mandatory condition of supervision. Electronic monitoring may be based on
37a global positioning system or any other technology which identifies and
38records the offender's location at all times.]
        589.425. 1. A person commits the crime of failing to register as a sex offender when the
2 person is required to register under sections 589.400 to 589.425 and fails to comply with any
3 requirement of sections 589.400 to 589.425. Failing to register as a sex offender is a class E
4 felony unless the person is required to register based on having committed an offense in chapter
5 566 which was an unclassified felony, a class A or B felony, or a felony involving a child under
6 the age of fourteen, in which case it is a class D felony.
72. A person commits the crime of failing to register as a sex offender as a second offense
8 by failing to comply with any requirement of sections 589.400 to 589.425 and he or she has
9 previously pled guilty to or has previously been found guilty of failing to register as a sex
10 offender. Failing to register as a sex offender as a second offense is a class E felony unless the
11 person is required to register based on having committed an offense in chapter 566, or an offense
12 in any other state or foreign country, or under federal, tribal, or military jurisdiction, which if
13 committed in this state would be an offense under chapter 566 which was an unclassified felony,
14 a class A or B felony, or a felony involving a child under the age of fourteen, in which case it
15 is a class D felony.
163. (1) A person commits the crime of failing to register as a sex offender as a third
CCS SS SCS HCS HBs 2637 & 3155  152
17 offense by failing to meet the requirements of sections 589.400 to 589.425 and he or she has, on
18 two or more occasions, previously pled guilty to or has previously been found guilty of failing
19 to register as a sex offender. Failing to register as a sex offender as a third offense is a class A
20 felony, which shall be punished by a term of imprisonment of not less than ten years and not
21 more than thirty years.
22(2) No court may suspend the imposition or execution of sentence of a person who
23 pleads guilty to or is found guilty of failing to register as a sex offender as a third offense. No
24 court may sentence such person to pay a fine in lieu of a term of imprisonment.
25(3) [A person sentenced under this subsection shall not be eligible for conditional release
26 or parole until he or she has served at least two years of imprisonment.
27(4)] Upon release, an offender who has committed failing to register as a sex offender
28 as a third offense shall be electronically monitored as a mandatory condition of supervision.
29 Electronic monitoring may be based on a global positioning system or any other technology
30 which identifies and records the offender's location at all times.
      589.900. 1. For the purposes of sections 589.900 to 589.902, the following terms
 2 mean:
3(1) "Authorized individuals", peace officers, as defined in section 590.010, who are
4 certified in accordance with federal requirements, including the Homeland Security Act
5 of 2002, Pub. L. 107-296, as amended, when applicable, to conduct unmanned aircraft and
6 unmanned aerial system mitigation;
7(2) "Mitigate", any of the following actions:
8(a) During the operation of an unmanned aircraft system, to detect, identify,
9 monitor, or track the unmanned aircraft system or unmanned aircraft, without prior
10 consent, including by means of intercept or other access of a wire communication, an oral
11 communication, or an electronic communication used to control the unmanned aircraft
12 system or unmanned aircraft;
13(b) To warn the operator of the unmanned aircraft system or unmanned aircraft,
14 including by passive or active and direct or indirect physical, electronic, radio, or
15 electromagnetic means, or through the use of remote identification broadcast or other
16 means;
17(c) To disrupt control of the unmanned aircraft system or unmanned aircraft,
18 without prior consent, including by disabling the unmanned aircraft system or unmanned
19 aircraft by intercepting, interfering, or causing interference with wire, oral, electronic, or
20 radio communications used to control the unmanned aircraft system or unmanned
21 aircraft;
22(d) To seize or exercise control of the unmanned aircraft system or unmanned
CCS SS SCS HCS HBs 2637 & 3155  153
23 aircraft; or
24      (e) To use reasonable force, if necessary, to disable, damage, or destroy the
25 unmanned aircraft system or unmanned aircraft.
26      2. The terms "unmanned aircraft" and "unmanned aircraft system" shall have the
27 meanings given such terms in 49 U.S.C. Section 44801.
     589.902. 1. To the greatest extent permissible under applicable federal law,
 2 including the Homeland Security Act of 2002, Pub. L. 107-296, as amended, authorized
 3 individuals in this state shall be empowered to take necessary action to mitigate a credible
 4 threat that an unmanned aircraft or unmanned aircraft system poses to the safety or
 5 security of people, facilities, assets, a venue or set of venues used for large-scale public
 6 gatherings or events, critical infrastructure, or correctional facilities.
72. Nothing in this section shall be construed to limit the power of a law enforcement
8 officer in this state to seize an unmanned aircraft system or unmanned aircraft in the
9 course of their duties. A law enforcement officer may use all lawful means to effect such
10 a seizure, which may include the use of mitigation techniques where permissible.
113. Any unmanned aircraft system or unmanned aircraft seized under this section
12 or in connection with a criminal act shall be subject to forfeiture under section 513.607.
134. Nothing in this section shall be construed to permit the jamming of or
14 interference with any signal, except in accordance with all applicable federal laws, rules,
15 and regulations, including, but not limited to, the Homeland Security Act of 2002, Pub. L.
16 107-296, as amended.
        590.192. 1. There is hereby established the "Critical Incident Stress Management
2 Program" within the department of public safety. The program shall provide services for peace
3 officers and first responders to assist in coping with stress and potential psychological trauma
4 resulting from a response to a critical incident or emotionally difficult event. Such services may
5 include consultation, risk assessment, education, intervention, and other crisis intervention
6 services provided by the department to peace officers and first responders affected by a critical
7 incident. For purposes of this section, a "critical incident" shall mean any event outside the
8 usual realm of human experience that is markedly distressing or evokes reactions of intense fear,
9 helplessness, or horror and involves the perceived threat to a person's physical integrity or the
10 physical integrity of someone else. For purposes of this section, the term "first responder" shall
11 have the same meaning as first responder in section 190.1010.
122. All peace officers and first responders shall be required to meet with a program
13 service provider once every three to five years for a mental health check-in, or a department
14 established behavioral health or mental health program that meets the requirements of
15 subsection 1 of this section which shall satisfy this requirement. The program service
CCS SS SCS HCS HBs 2637 & 3155  154
16provider shall send a notification to the peace officer's commanding officer, or first responder's
17commanding officer, or first responder's director or supervisor that he or she completed such
18check-in.
193. Any information disclosed by a peace officer or first responder shall be privileged and
20shall not be used as evidence in criminal, administrative, or civil proceedings against the peace
21officer or first responder unless:
22(1) A program representative reasonably believes the disclosure is necessary to prevent
23harm to a person who received services or to prevent harm to another person;
24(2) The person who received the services provides written consent to the disclosure; or
25(3) The person receiving services discloses information that is required to be reported
26under mandatory reporting laws.
274. (1) There is hereby created in the state treasury the "988 Public Safety Fund", which
28shall consist of moneys appropriated by the general assembly. The state treasurer shall be
29custodian of the fund. In accordance with sections 30.170 and 30.180, the state treasurer may
30approve disbursements. The fund shall be a dedicated fund and moneys in the fund shall be used
31solely by the department of public safety for the purposes of providing services for peace
32officers and first responders to assist in coping with stress and potential psychological trauma
33resulting from a response to a critical incident or emotionally difficult event pursuant to
34subsection 1 of this section. Such services may include consultation, risk assessment, education,
35intervention, and other crisis intervention services provided by the department to peace officers
36or first responders affected by a critical incident. The director of public safety may prescribe
37rules and regulations necessary to carry out the provisions of this section. Any rule or portion
38of a rule, as that term is defined in section 536.010, that is created under the authority delegated
39in this section shall become effective only if it complies with and is subject to all of the
40provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are
41nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536
42to review, to delay the effective date, or to disapprove and annul a rule are subsequently held
43unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after
44August 28, 2021, shall be invalid and void.
45(2) Notwithstanding the provisions of section 33.080 to the contrary, any moneys
46remaining in the fund at the end of the biennium shall not revert to the credit of the general
47revenue fund.
48(3) The state treasurer shall invest moneys in the fund in the same manner as other funds
49are invested. Any interest and moneys earned on such investments shall be credited to the fund.
      632.305. 1. An application for detention for evaluation and treatment at a mental health
2 facility may be executed by any adult person, who need not be an attorney or represented by an
CCS SS SCS HCS HBs 2637 & 3155  155
3  attorney, on a form provided by the court for such purpose, and shall allege under oath[, without
4  a notarization requirement,] that the applicant has reason to believe that the respondent is
5  suffering from a mental disorder and presents a likelihood of serious harm to himself or herself
6  or to others. The application shall specify the factual information on which such belief is based
7  and should contain the names and addresses of all persons known to the applicant who have
8  knowledge of such facts through personal observation.
92. The filing of a written application in court by any adult person, who need not be an
10 attorney or represented by an attorney, shall authorize the applicant to bring the matter before
11 the court on an ex parte basis to determine whether the respondent should be taken into custody
12 and transported to a mental health facility. The application may be filed in the court having
13 probate jurisdiction in any county where the respondent may be found. If the court finds that
14 there is probable cause, either upon testimony under oath or upon a review of affidavits,
15 declarations, or other supporting documentation, to believe that the respondent may be suffering
16 from a mental disorder and presents a likelihood of serious harm to himself or herself or others,
17 it shall direct a peace officer to take the respondent into custody and transport him or her to a
18 mental health facility for detention for evaluation and treatment for a period not to exceed
19 ninety-six hours unless further detention and treatment is authorized pursuant to this chapter.
20 Nothing herein shall be construed to prohibit the court, in the exercise of its discretion, from
21 giving the respondent an opportunity to be heard.
223. A peace officer may take a person into custody for detention for evaluation and
23 treatment at a mental health facility for a period not to exceed ninety-six hours only when such
24 peace officer has reasonable cause to believe that such person is suffering from a mental disorder
25 and that the likelihood of serious harm by such person to himself or herself or others is imminent
26 unless such person is immediately taken into custody. Upon arrival at the mental health facility,
27 the peace officer who conveyed such person or caused him or her to be conveyed shall either
28 present the application for detention for evaluation and treatment upon which the court has
29 issued a finding of probable cause and the respondent was taken into custody or complete an
30 application for initial detention for evaluation and treatment for a period not to exceed ninety-six
31 hours which shall be based upon his or her own personal observations or investigations and shall
32 contain the information required in subsection 1 of this section.
334. If a person presents himself or herself or is presented by others to a mental health
34 facility and a licensed physician, a registered professional nurse or a mental health professional
35 designated by the head of the facility and approved by the department for such purpose has
36 reasonable cause to believe that the person is mentally disordered and presents an imminent
37 likelihood of serious harm to himself or herself or others unless he or she is accepted for
38 detention, the licensed physician, the mental health professional or the registered professional
CCS SS SCS HCS HBs 2637 & 3155  156
39 nurse designated by the facility and approved by the department may complete an application
40 for detention for evaluation and treatment for a period not to exceed ninety-six hours. The
41 application shall be based on his or her own personal observations or investigation and shall
42 contain the information required in subsection 1 of this section.
435. (1) No notarization shall be required for an application, or for any affidavits,
44 declarations, or other documents supporting an application, completed or executed, by:
45(a) A peace officer under subsection 3 of this section;
46(b) A licensed physician, mental health professional, or registered professional
47 nurse under subsection 4 of this section; or
48(c) An employee acting on behalf of a hospital, as defined in section 197.020, under
49 subsections 1 and 2 of this section.
50(2) The application and any affidavits, declarations, or other documents supporting the
51 application shall be subject to the provisions of section 492.060 allowing for declaration under
52 penalty of perjury.
         632.489. 1. Upon filing a petition pursuant to section 632.484 or 632.486, the judge
2 shall determine whether probable cause exists to believe that the person named in the petition
3 is a sexually violent predator. If such probable cause determination is made, the judge shall
4 direct that person be taken into custody and direct that the person be transferred to an appropriate
5 secure facility, including, but not limited to, a county jail. If the person is ordered to the
6 department of mental health, the director of the department of mental health shall determine the
7 appropriate secure facility to house the person under the provisions of section 632.495.
82. Within seventy-two hours after a person is taken into custody pursuant to subsection
9 1 of this section, excluding Saturdays, Sundays and legal holidays, such person shall be provided
10 with notice of, and an opportunity to appear in person at, a hearing to contest probable cause as
11 to whether the detained person is a sexually violent predator. At this hearing the court shall:
12(1) Verify the detainee's identity; and
13(2) Determine whether probable cause exists to believe that the person is a sexually
14 violent predator. The state may rely upon the petition and supplement the petition with
15 additional documentary evidence or live testimony.
163. At the probable cause hearing as provided in subsection 2 of this section, the detained
17 person shall have the following rights in addition to the rights previously specified:
18(1) To be represented by counsel;
19(2) To present evidence on such person's behalf;
20(3) To cross-examine witnesses who testify against such person; and
21(4) To view and copy all petitions and reports in the court file, including the assessment
22 of the multidisciplinary team.
CCS SS SCS HCS HBs 2637 & 3155  157
234. If the probable cause determination is made, the court shall direct that the person be
24 transferred to an appropriate secure facility, including, but not limited to, a county jail, for an
25 evaluation as to whether the person is a sexually violent predator. If the person is ordered to the
26 department of mental health, the director of the department of mental health shall determine the
27 appropriate secure facility, which may include the department of corrections or a county jail
28 as set forth in section 632.495, to house the person. The court shall direct the director of the
29 department of mental health to have the person examined by a psychiatrist or psychologist as
30 defined in section 632.005 who was not a member of the multidisciplinary team that previously
31 reviewed the person's records. In addition, such person may be examined by a consenting
32 psychiatrist or psychologist of the person's choice at the person's own expense. Any
33 examination shall be conducted in the facility in which the person is confined. Any
34 examinations ordered shall be made at such time and under such conditions as the court deems
35 proper; except that, if the order directs the director of the department of mental health to have
36 the person examined, the director shall determine the time, place and conditions under which the
37 examination shall be conducted. The psychiatrist or psychologist conducting such an
38 examination shall be authorized to interview family and associates of the person being
39 examined, as well as victims and witnesses of the person's offense or offenses, for use in the
40 examination unless the court for good cause orders otherwise. The psychiatrist or psychologist
41 shall have access to all materials provided to and considered by the multidisciplinary team and
42 to any police reports related to sexual offenses committed by the person being examined. Any
43 examination performed pursuant to this section shall be completed and filed with the court
44 within sixty days of the date the order is received by the director or other evaluator unless the
45 court for good cause orders otherwise. One examination shall be provided at no charge by the
46 department. All costs of any subsequent evaluations shall be assessed to the party requesting
47 the evaluation.
         632.492. Within sixty days after the completion of any examination held pursuant to
2 section 632.489, the court shall conduct a trial to determine whether the person is a sexually
3 violent predator. The trial may be continued upon the request of either party and a showing of
4 good cause, or by the court on its own motion in the due administration of justice, and when the
5 respondent will not be substantially prejudiced. At all stages of the proceedings pursuant to
6 sections 632.480 to 632.513, any person subject to sections 632.480 to 632.513 shall be entitled
7 to the assistance of counsel, and if the person is indigent, the court shall appoint counsel to assist
8 such person. The person, the attorney general, or the judge shall have the right to demand that
9 the trial be before a jury. If the trial is held before a jury, the judge shall instruct the jury that
10 if it finds that the person is a sexually violent predator, the person shall be committed to the
11 custody of the director of the department of mental health to be housed in an appropriate
CCS SS SCS HCS HBs 2637 & 3155  158
12 secure facility, as determined by the director of the department of mental health as set
13 forth in section 632.495, for control, care and treatment. If no demand for a jury is made, the
14 trial shall be before the court. The court shall conduct all trials pursuant to this section in open
15 court, except as otherwise provided for by the child victim witness protection law pursuant to
16 sections 491.675 to 491.705.
         632.495. 1. The court or jury shall determine whether, by clear and convincing
2 evidence, the person is a sexually violent predator. If such determination that the person is a
3 sexually violent predator is made by a jury, such determination shall be by unanimous verdict
4 of such jury. Any determination as to whether a person is a sexually violent predator may be
5 appealed.
62. If the court or jury determines that the person is a sexually violent predator, the person
7 shall be committed to the custody of the director of the department of mental health for control,
8 care and treatment until such time as the person's mental abnormality has so changed that the
9 person is safe to be at large. Such control, care and treatment shall be provided or arranged by
10 the department of mental health in an appropriate secure facility, as determined by the
11 director of the department of mental health as set forth in this section.
123. At all times, persons ordered to the department of mental health after a determination
13 by the court that such persons may meet the definition of a sexually violent predator, persons
14 ordered to the department of mental health after a finding of probable cause under section
15 632.489, and persons committed for control, care and treatment by the department of mental
16 health pursuant to sections 632.480 to 632.513 shall be kept in a secure facility designated by
17 the director of the department of mental health and such persons shall be segregated at all times
18 from any other patient under the supervision of the director of the department of mental health.
19 The department of mental health shall not place or house a person ordered to the department of
20 mental health after a determination by the court that such person may meet the definition of a
21 sexually violent predator, a person ordered to the department of mental health after a finding of
22 probable cause under section 632.489, or a person committed for control, care, and treatment by
23 the department of mental health, pursuant to sections 632.480 to 632.513, with other mental
24 health patients. The provisions of this subsection shall not apply to a person who has been
25 conditionally released under section 632.505.
264. The department of mental health is authorized to enter into an interagency agreement
27 with the department of corrections for the confinement of [such] persons ordered to the
28 department of mental health after a determination by the court that such persons may
29 meet the definition of a sexually violent predator or for the confinement of persons ordered
30 to the department of mental health after a finding of probable cause under section 632.489,
31 provided the department of corrections has necessary space and services available and the
CCS SS SCS HCS HBs 2637 & 3155  159
32 director of the department of corrections has agreed to provide such confinement through
33 an interagency agreement with the department of mental health. Such persons who are in
34 the confinement of the department of corrections pursuant to an interagency agreement shall be
35 housed and managed separately from offenders in the custody of the department of corrections,
36 and except for occasional instances of supervised incidental contact, shall be segregated from
37 such offenders. If the department of mental health and the department of corrections have
38 entered into an interagency agreement as provided in this subsection, the department of
39 corrections is authorized to enter into one or more contract agreements as may be
40 necessary to perform the agreed upon responsibilities of the department of corrections
41 under the interagency agreement including, but not limited to, a contract agreement with
42 one or more licensed professionals or providers of health care services to provide health
43 care services to the persons identified in this subsection.
445. The department of mental health is authorized to enter into a contract agreement with
45 one or more county jails in Missouri for the confinement of persons ordered to the department
46 of mental health after a determination by the court that such persons may meet the definition of
47 a sexually violent predator or for the confinement of persons ordered to the department of mental
48 health after a finding of probable cause under section 632.489. Such persons who are in the
49 confinement of a county jail pursuant to a contract agreement shall be housed and managed
50 separately from offenders in the custody of the county jail, and except for occasional instances
51 of supervised incidental contact, shall be segregated from such offenders.
526. The department of mental health is authorized to enter into an interagency
53 agreement with the department of corrections for the control and care, including health
54 care services, of persons committed to the department of mental health by the court as a
55 sexually violent predator, provided the department of corrections has necessary space and
56 services available and the director of the department of corrections has agreed to provide
57 such control and care through an interagency agreement with the department of mental
58 health. Such persons who are in the control and care of the department of corrections
59 under an interagency agreement shall be housed and managed separately from offenders
60 in the custody of the department of corrections, and except for occasional instances of
61 supervised incidental contact, shall be segregated from such offenders. If the department
62 of mental health and the department of corrections have entered into an interagency
63 agreement as provided in this subsection, the department of corrections is authorized to
64 enter into one or more contract agreements as may be necessary to perform the agreed
65 upon responsibilities of the department of corrections under the interagency agreement
66 including, but not limited to, a contract agreement with one or more licensed professionals
67 or providers of health care services to provide health care services to the persons identified
CCS SS SCS HCS HBs 2637 & 3155  160
68 in this subsection.
697. The department of mental health is authorized to enter into a contract agreement
70 with one or more licensed professionals or providers of health care or mental health care
71 services to provide health care or mental health care services to persons ordered to the
72 department of mental health after a determination by the court that such persons may
73 meet the definition of a sexually violent predator, persons ordered to the department of
74 mental health after a finding of probable cause under section 632.489, and persons
75 committed for control, care, and treatment by the department of mental health under
76 sections 632.480 to 632.513.
778. If the court or jury is not satisfied by clear and convincing evidence that the person
78 is a sexually violent predator, the court shall direct the person's release.
79[7.] 9. Upon a mistrial, the court shall direct that the person be held at an appropriate
80 secure facility, including, but not limited to, a county jail, until another trial is conducted. If the
81 person is ordered to the department of mental health, the director of the department of mental
82 health shall determine the appropriate secure facility to house the person. Any subsequent trial
83 following a mistrial shall be held within ninety days of the previous trial, unless such subsequent
84 trial is continued as provided in section 632.492.
         632.504. Nothing in sections 632.480 to 632.513 shall prohibit a person from filing a
2 petition for release pursuant to sections 632.480 to 632.513. However, if a person has previously
3 filed a petition for release without the [director's] director of the department of mental
4 health's approval and the court determined either upon review of the petition or following a
5 hearing that the petitioner's petition was frivolous or that the petitioner's condition had not so
6 changed that the person was safe to be at large, then the court shall deny the subsequent petition
7 unless the petition contains facts upon which a court could find the condition of the petitioner
8 had so changed that a hearing was warranted. Upon receipt of a first or subsequent petition from
9 committed persons without the director's approval, the court shall endeavor whenever possible
10 to review the petition and determine if the petition is based upon frivolous grounds and if so
11 shall deny the petition without a hearing.
         632.520. 1. For purposes of this section, the following terms mean:
2(1) "Employee of the department of mental health", a person who is an employee of the
3  department of mental health, an employee or contracted employee of a subcontractor of the
4  department of mental health, or an employee or contracted employee of a subcontractor of an
5  entity [responsible for confining offenders] under an interagency agreement or contract with
6  the department of mental health as authorized by section 632.495;
7(2) "Offender", a person ordered to the department of mental health after a determination
8  by the court that the person meets the definition of a sexually violent predator, a person ordered
CCS SS SCS HCS HBs 2637 & 3155  161
 9 to the department of mental health after a finding of probable cause under section 632.489, or
10 a person committed for control, care, and treatment by the department of mental health under
11 sections 632.480 to 632.513;
12(3) "Secure facility", a facility operated by the department of mental health or an entity
13 [responsible for confining offenders] designated by the department of mental health to
14 confine offenders or provide control and care to offenders as authorized by section 632.495.
152. No offender shall knowingly commit violence to an employee of the department of
16 mental health or to another offender housed in a secure facility. Violation of this subsection
17 shall be a class B felony.
183. No offender shall knowingly damage any building or other property owned or
19 operated by the department of mental health. Violation of this subsection shall be a class D
20 felony.
      632.580. The definitions set forth in section 632.005 shall apply to sections 632.580
 2 to 632.610. In addition, as used in sections 632.580 to 632.610, unless the context clearly
 3 requires otherwise, the following terms mean:
4(1) "Assisted outpatient treatment", court-ordered involuntary outpatient mental
5 health care services that are provided by a mental health program under a treatment plan
6 developed and monitored by a master's level mental health professional. Such services
7 may include, but are not limited to:
8(a) Case management;
9(b) Medication management;
10(c) Therapy or counseling;
11(d) Substance use treatment, if applicable;
12(e) Crisis intervention services; and
13(f) Assistance with housing, employment, or other community resources necessary
14 for an individual's stability;
15(2) "Case manager", a mental health professional employed by a certified
16 community mental health center who is assigned to a respondent to oversee the
17 respondent's compliance with the outpatient treatment plan ordered by the court under
18 sections 632.580 to 632.610;
19(3) "Community mental health center", the same meaning given to the term in
20 section 205.975;
21(4) "Comprehensive mental health services", the same meaning given to the term
22 in section 205.975;
23(5) "Local public health agency", a county health center board established under
24 chapter 205, a county health department, a combined city and county health department
CCS SS SCS HCS HBs 2637 & 3155  162
25 or agency, a multicounty health department or agency, or any other county health
26 authority;
27(6) "Petition", a petition for assisted outpatient treatment filed under section
28 632.585 or for continued assisted outpatient treatment filed under section 632.600;
29(7) "Respondent", a person who is alleged in a petition to meet the criteria for
30 assisted outpatient treatment in section 632.590;
31(8) "Service area", the same meaning given to the term in section 205.975.
      632.585. 1. A petition for an order authorizing assisted outpatient treatment may
 2 be filed by:
3(1) The director, administrator, or treating physician of a mental health program
4 in which the respondent is hospitalized;
5(2) The director, administrator, or treating physician of an emergency receiving
6 center in which the respondent is receiving services;
7(3) A licensed physician, a registered professional nurse designated by the
8 community mental health center and approved by the department of mental health, or a
9 mental health professional from whom the respondent is receiving services;
10(4) The appointed guardian or limited guardian of a ward who is the respondent;
11 or
12(5) The department of health and senior services, the department of mental health,
13 or any local public health agency located within the probate jurisdiction in which the
14 petition is filed.
152. The petition may be filed in the court having probate jurisdiction in which the
16 respondent is present or reasonably believed to be present or in the probate jurisdiction
17 in which the respondent resides.
183. The petition shall allege under oath, without a notarization requirement, that the
19 petitioner has reason to believe that the respondent meets the criteria for assisted
20 outpatient treatment in section 632.590. The petition shall specify factual information on
21 which such belief is based and shall contain the names and addresses of all persons known
22 to the petitioner who have knowledge of such facts through personal observation.
234. No notarization shall be required for a petition or for any affidavits,
24 declarations, or other documents supporting a petition. The petition and any affidavits,
25 declarations, or other documents supporting the petition shall be subject to the provisions
26 of section 492.060 allowing for declaration under penalty of perjury.
275. The prosecuting attorney of the county in which a hearing on a petition takes
28 place shall represent the petitioner and file and prosecute in court all petitions. Such duty
29 shall be fulfilled by the county counselor in counties having a county counselor and by the
CCS SS SCS HCS HBs 2637 & 3155  163
30 circuit attorney in any city not within a county.
      632.590. Following receipt of a petition and completion of the procedures required
 2 in section 632.593, a court may issue an order requiring a respondent to participate in
 3 assisted outpatient treatment if:
4(1) The respondent:
5(a) Is eighteen years of age or older;
6(b) Is suffering from a mental illness;
7(c) Will not obtain treatment in the community voluntarily; and
8(d) Is unable to make an informed decision to seek or to comply with voluntary
9 treatment; and
10(2) Either:
11(a) Because of the respondent's fulfillment of the criteria of subdivision (1) of this
12 section, the respondent requires treatment to prevent a deterioration in the respondent's
13 mental illness that would be likely to result in serious harm to the respondent or others as
14 described in section 632.305; or
15(b) The respondent has a history of a lack of compliance with treatment for the
16 respondent's mental illness, and within the thirty-six months immediately preceding the
17 date of the filing of the petition such lack of compliance has either:
18a. At least twice, been a significant factor in necessitating a civil detention period
19 for treatment instituted under sections 632.120 or 632.305 or receipt of services in a
20 forensic or other mental health unit of any state or local correctional facility, not including
21 any period during which the respondent was hospitalized or incarcerated immediately
22 preceding the date of the filing of the petition; or
23b. Resulted in one or more acts of violent behavior with the intention of causing
24 serious physical injury toward self or others or threats of, or attempts of, serious physical
25 harm to self or others, not including any period during which the respondent was
26 hospitalized or incarcerated immediately preceding the date of the filing of the petition.
       632.593. 1. At the time of filing the petition, the court clerk shall set a date and
2 time for the hearing, which shall take place within two judicial days of the filing of the
3 petition. An attorney shall be appointed to represent the respondent as required under
4 section 632.450 from the register of attorneys described in section 632.415. An attorney
5 so appointed shall be entitled to attorney's fees to the same extent as allowed under section
6 632.415. The clerk shall promptly notify the respondent, the respondent's attorney, the
7 petitioner, and the petitioner's attorney of the date and time for the hearing. The court
8 shall not grant continuances except upon a showing of good and sufficient cause.
92. The hearing shall be conducted in as informal a manner as may be consistent
CCS SS SCS HCS HBs 2637 & 3155  164
10 with orderly procedure and in a physical setting not likely to have a harmful effect on the
11 respondent. The respondent shall have the following rights in addition to those specified
12 elsewhere:
13(1) To be represented by an attorney;
14(2) To present evidence on his or her own behalf;
15(3) To cross-examine witnesses who testify against him or her;
16(4) To remain silent;
17(5) To view and copy all petitions and reports in the court file of his or her case;
18(6) To have the hearing open or closed to the public as he or she elects;
19(7) To be proceeded against according to the rules of evidence applicable to civil
20 judicial proceedings; and
21(8) To have the hearing before a jury if requested by the respondent or his or her
22 attorney.
233. The respondent shall be present at the hearing unless the respondent's physical
24 condition is such that he or she cannot be present in the courtroom or if the court
25 determines that the respondent's conduct in the courtroom is so disruptive that the
26 proceedings cannot reasonably continue.
274. The burden of proof at the hearing shall be by clear and convincing evidence and
28 shall be upon the petitioner.
295. If the matter is tried before a jury, the jury shall determine and shall be
30 instructed only upon the issue of whether the respondent meets the criteria for assisted
31 outpatient treatment in section 632.590. The remaining procedures for the jury trial shall
32 be as in other civil matters.
336. The respondent shall not be required to file an answer or other responsive
34 pleading.
357. At the conclusion of the hearing, if the court or jury finds, based upon clear and
36 convincing evidence, that the respondent meets the criteria for assisted outpatient
37 treatment in section 632.590, and the court finds that a mental health program appropriate
38 to handle the respondent's condition has agreed to accept the respondent, the court shall
39 issue an order requiring the respondent to participate in assisted outpatient treatment with
40 the mental health program for a period not to exceed two years.
418. At the conclusion of the hearing, if the court or jury does not find by clear and
42 convincing evidence that the respondent meets the criteria for assisted outpatient
43 treatment in section 632.590, the court shall dismiss the petition.
449. An order requiring the respondent to participate in assisted outpatient treatment
45 based on satisfaction of the provisions of subparagraph a. of paragraph (b) of subdivision
CCS SS SCS HCS HBs 2637 & 3155  165
46 (2) of section 632.590 shall not be issued unless the court has considered, or the jury has
47 been instructed to consider, at least the following factors:
48(1) The respondent's ability to access finances in order to obtain food or medicine;
49(2) The respondent's ability to obtain treatment for the respondent's medical
50 condition;
51(3) The respondent's ability to access necessary resources in the community without
52 assistance;
53(4) The degree to which there are risks to the respondent's safety;
54(5) The likelihood that the respondent will decompensate without immediate care
55 or treatment;
56(6) The respondent's previous attempts to inflict physical injury on self or others;
57(7) The respondent's history of behavioral health treatment in the community;
58(8) The respondent's patterns of decompensation in the past;
59(9) The respondent's risk of being victimized or harmed by others; and
60(10) The respondent's access to the means to inflict harm on self or others.
6110. Nothing in this section shall prevent the court or jury from considering any
62 other factor not described in this section.
6311. If requested by the respondent, the court shall appoint an available licensed
64 physician or licensed psychologist to examine the respondent and testify at the
65 respondent's request. If the respondent or the respondent's attorney so requests, the court
66 shall not appoint a licensed physician or licensed psychologist who is an employee of any
67 entity in which the respondent is hospitalized or receiving services or who is an employee
68 of any entity that filed the petition. The appointment procedures in section 632.420 shall
69 apply to any appointment under this subsection.
7012. The physician-patient privilege recognized by section 491.060 and the
71 psychologist-patient privilege recognized by section 337.055 shall be deemed waived in
72 proceedings under sections 632.580 to 632.610. The fact that such privileges have been
73 waived in accordance with this section shall not by itself waive the privileges in any other
74 proceeding, civil or criminal. The waiver of the privileges shall extend only to that
75 evidence that is directly material and relevant to the proceedings under sections 632.580
76 to 632.610.
7713. Appeals from court orders under this section may be made as described in
78 section 632.430.
7914. Assisted outpatient treatment shall not be deemed outpatient detention for
80 purposes of this chapter, and no provision of this chapter relating to the requirements for
81 inpatient or outpatient detention proceedings shall apply to assisted outpatient treatment
CCS SS SCS HCS HBs 2637 & 3155  166
82 under sections 632.580 to 632.610 unless such provision has been specifically incorporated
83 into sections 632.580 to 632.610 by reference or otherwise.
8415. The provisions of section 632.440 shall apply to assisted outpatient treatment
85 under sections 632.580 to 632.610.
      632.595. 1. The court shall assign a case manager from a certified community
 2 behavioral health clinic to each respondent ordered to participate in assisted outpatient
 3 treatment.
42. The case manager and the respondent shall report to the court at least once every
5 ninety days. The court may, at its discretion, request more frequent appearances. The
6 case manager shall immediately report to the court a substantial failure of the respondent
7 or the mental health program providing the assisted outpatient treatment to comply with
8 the conditions of the assisted outpatient treatment.
         632.600. 1. The court order for assisted outpatient treatment shall expire at the end
2 of the period specified in the order unless a petition for an extension has been filed. If any
3 person or entity authorized to file a petition under section 632.585 determines that a
4 respondent requires further involuntary assisted outpatient treatment, the person or entity
5 shall file a petition for continued assisted outpatient treatment before the expiration of the
6 involuntary assisted outpatient treatment ordered by the court.
7      2. The procedure for obtaining an extension shall be the same as for obtaining the
 8 original order, except that the thirty-six-month time period provided in paragraph (b) of
 9 subdivision (2) of section 632.590 shall not be applicable in determining the
10 appropriateness of an extension.
     632.605. 1. During the period of an order for assisted outpatient treatment, if the
 2 mental health program or mental health professional who is providing the respondent's
 3 assisted outpatient treatment determines that the respondent is not complying with the
 4 court order, the mental health program or mental health professional shall notify the court
 5 immediately.
62. If it comes to the attention of the court that a respondent subject to an order of
7 assisted outpatient treatment is not complying with the order, the court may require one
8 or more of the following, without a hearing:
9(1) That the respondent be taken for evaluation to a community mental health
10 center providing comprehensive mental health services to individuals residing in the
11 service area in which the respondent resides;
12(2) That the respondent be hospitalized in a psychiatric hospital for a period of not
13 more than ten days; and
14(3) Upon recommendation by the community mental health center providing
CCS SS SCS HCS HBs 2637 & 3155  167
15comprehensive mental health services to individuals residing in the service area in which
16the respondent resides, that the individual be hospitalized for a period of more than ten
17days, but not longer than the duration of the order for assisted outpatient treatment, or not
18longer than ninety days, whichever is less.
19      3. The court may direct peace officers to transport the respondent to a designated
20facility or a community mental health center, as applicable, and the court may specify
21conditions under which the respondent may return to assisted outpatient treatment before
22the order expires. Reimbursement for transportation costs shall be allowed as provided
23under section 632.312.
24      4. A respondent hospitalized without a hearing as provided in subsection 2 of this
25section may object to the hospitalization. Upon transfer of the respondent to the hospital,
26the hospital shall notify the respondent of his or her right to object under this section.
27Upon receipt of an objection to the hospitalization, the court shall schedule a hearing for
28a determination that the individual requires hospitalization. The respondent shall have
29all rights specified in section 632.593 at the hearing. The court shall order the respondent
30discharged from hospitalization unless the court or jury finds, based upon clear and
31convincing evidence, that the respondent requires hospitalization as a result of the
32respondent's failure to comply with the order for assisted outpatient treatment.
     632.610. Beginning December 1, 2028, the office of state courts administrator shall
2 submit an annual report to the general assembly summarizing:
3      (1) The number of individuals subject to orders for assisted outpatient treatment;
4      (2) Statistics on compliance and noncompliance rates with assisted outpatient
5 treatment; and
6      (3) Any impact that assisted outpatient treatment has on hospitalization and
7 incarceration rates.
    Section 1. In the event that any section, provision, clause, phrase, or word of this
2 act or the application thereof is declared invalid under the Constitution of the United
3 States or the Constitution of the State of Missouri, whether on procedural or substantive
4 grounds, it is the intent of the general assembly that the remaining sections of this act
5 remain in force and effect as far as they are capable of being carried into execution as
6 intended by the general assembly. The general assembly hereby declares that it would
7 have passed each section, provision, clause, phrase, or word thereof, irrespective of the fact
8 that any one or more sections, provisions, clauses, phrases, or words of this act or the
9 application of this act would be declared unenforceable, unconstitutional, or invalid.
              [211.436. 1. Instruments of restraint, including handcuffs, chains,
2irons, or straitjackets, shall not be used on a child during a proceeding in a
CCS SS SCS HCS HBs 2637 & 3155  168
3      juvenile court and shall be removed prior to the child's appearance before the
4      court unless, after a hearing, the court finds both that:
5(1) The use of restraints is necessary due to one of the following
6      factors:
7(a) Instruments of restraint are necessary to prevent physical harm to
8      the child or another person;
9(b) The child has a history of disruptive courtroom behavior that has
10      placed others in potentially harmful situations or presents a substantial risk of
11      inflicting physical harm on himself or herself or others as evidenced by recent
12      behavior; or
13(c) There is evidence that the child presents a substantial risk of flight
14      from the courtroom; and
15(2) There are no less restrictive alternatives to restraints that will
16      prevent flight or physical harm to the child or another person including, but
17      not limited to, the presence of court personnel, law enforcement officers, or
18      bailiffs.
192. If the juvenile officer believes that there is an immediate safety or
20      flight risk, as provided under subsection 1 of this section, the juvenile officer
21      shall advise the attorney for the child and make a request in writing prior to
22      the commencement of the proceeding for the child to remain restrained during
23      the court proceeding while in the presence of the parties to the proceeding.
243. If a request for restraints is made by the juvenile officer, the court
25      shall order a hearing and provide the child's attorney an opportunity to be
26      heard before the court orders the use of restraints. If restraints are ordered, the
27      court shall make findings of fact in support of the order.
284. If restraints are used, the restraints shall allow the child limited
29      movement of the hands to read and handle documents and writings necessary
30      to the proceeding. Under no circumstances shall a child be restrained using
31      restraints fixed to a wall, floor, furniture, or other stationary object.
325. Leg restraints shall not be used on a child unless the child is
33      charged with a class A or class B felony, or the official overseeing custody
34      of the child determines the child to be an immediate safety or flight risk.]
             [589.402. 1. The chief law enforcement officer of the county or city
2      not within a county may maintain a web page on the internet, which shall be
3      open to the public and shall include a registered sexual offender search
4      capability.
52. Except as provided in subsections 4 and 5 of this section, the
6      registered sexual offender search shall make it possible for any person using
7      the internet to search for and find the information specified in subsection 3 of
8      this section, if known, on offenders registered in this state pursuant to sections
9      589.400 to 589.425.
103. Only the information listed in this subsection shall be provided to
11      the public in the registered sexual offender search:
CCS SS SCS HCS HBs 2637 & 3155  169
12(1) The name and any known aliases of the offender;
13(2) The date of birth and any known alias dates of birth of the
14offender;
15(3) A physical description of the offender;
16(4) The residence, temporary, work, and school addresses of the
17offender, including the street address, city, county, state, and zip code;
18(5) Any photographs of the offender;
19(6) A physical description of the offender's vehicles, including the
20year, make, model, color, and license plate number;
21(7) The nature and dates of all offenses qualifying the offender to
22register, including the tier level assigned to the offender under sections
23589.400 to 589.425;
24(8) The date on which the offender was released from the department
25of mental health, prison, or jail, or placed on parole, supervised release, or
26probation for the offenses qualifying the offender to register;
27(9) Compliance status of the offender with the provisions of sections
28589.400 to 589.425; and
29(10) Any online identifiers, as defined in section 43.651, used by the
30person. Such online identifiers shall not be included in the general profile of
31an offender on the web page and shall only be available to a member of the
32public by a search using the specific online identifier to determine if a match
33exists with a registered offender.
344. The chief law enforcement officer of any county or city not within
35a county may publish in any newspaper distributed in the county or city not
36within a county the sexual offender information provided under subsection 3
37of this section for any offender residing in the county or city not within a
38county.
395. Juveniles required to register under subdivision (6) of subsection
401 of section 589.400 shall be exempt from public notification to include any
41adjudications from another state, territory, the District of Columbia, or foreign
42country or any federal, tribal, or military jurisdiction.]
       Section B. The repeal of sections 211.436, 217.362, 217.690, 217.760, 557.011,
2  557.021, 558.011, 558.019, 558.026, 558.031, 558.046, 559.115, 566.030, 566.060, 566.125,
3  566.210, 566.211, 568.060, and 589.425 as enacted by senate substitute no. 3 for senate bill
4  number 888, one hundred third general assembly, second regular session, of this act shall
5  become effective on August 28, 2026. The repeal and reenactment of sections 217.362, 217.690,
6  217.760, 557.011, 557.021, 558.011, 558.019, 558.026, 558.031, 558.046, 559.115, 566.030,
7  566.060, 566.125, 566.210, 566.211, 568.060, and 589.425 of this act shall become effective on
8  January 1, 2028.
       Section C. The repeal and reenactment of sections 565.002, 565.050, 565.052, 565.054,
2  565.056, 565.072, 565.073, 565.074, 565.076, 565.090, 565.091, 565.225, and 565.227 and the
CCS SS SCS HCS HBs 2637 & 3155  170
3 enactment of sections 27.117, 565.260, 565.400, and 565.405 of this act shall become effective
4 on July 1, 2027.
     Section D. Because immediate action is necessary to address the urgent need of Missouri
2 law enforcement agencies to be able to ensure and provide for the safety and security of
3 Missouri residents from the threat that weaponized unmanned aircraft systems present to
4 Missouri, the enactment of sections 589.900 and 589.902 and the repeal and reenactment of
5 section 577.800 of this act are deemed necessary for the immediate preservation of the public
6 health, welfare, peace, and safety, and is hereby declared to be an emergency act within the
7 meaning of the constitution, and the enactment of sections 589.900 and 589.902 and the repeal
8 and reenactment of section 577.800 of this act shall be in full force and effect upon its passage
9 and approval.
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