Modifies and establishes provisions relating to public safety

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. Secti ons 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, 217.690,2
217.760, 455.050, 527.270, 556.061, 557.011, 557.021, 558.011, 558.016, 558.019, 558.026,3
558.031, 558.046, 559.115, 565.002, 565.050, 565.052, 565.054, 565.056, 565.072, 565.073,4
565.074, 565.076, 565.090, 565.091, 565.225, 565.227, 566.030, 566.032, 566.060, 566.103,5
566.125, 566.203, 566.209, 566.210, 566.211, 568.045, 568.060, 577.800, 589.400, 589.401,6
589.402, 589.403, 589.404, 589.405, 589.407, 589.410, 589.414, 589.415, 589.417, 589.425,7
590.192, 632.305, 632.489, 632.492, 632.495, 632.504, and 632.520, RSMo, sections 211.021,8
211.071, 211.331, 211.341, 211.342, 211.436, 217.362, 217.690, 217.760, 557.011, 557.021,9
558.011, 558.019, 558.026, 558.031, 558.046, 559.115, 566.030, 566.060, 566.125, 566.210,10
566.211, 568.060, and 589.425 as enacted by senate substitute no. 3 for senate bill number 888,11
one hundred third general assembly, second regular session, section 589.407 as truly agreed to12
and finally passed by house committee substitute for senate bill no. 982, one hundred third13
general assembly, second regular session, and sections 589.400 and 589.414 as enacted by senate14
substitute for senate committee substitute for house committee substitute for house bills nos.15
2273, 1946, 1814 & 2551, one hundred third general assembly, second regular session, are16
repealed and ninety-four new sections enacted in lieu thereof, to be known as sections 27.117,17
43.500, 43.503, 43.506, 43.509, 43.527, 43.530, 56.265, 57.540, 211.021, 211.071, 211.319,18
211.331, 211.341, 211.342, 217.362, 217.690, 217.760, 455.050, 455.098, 527.270, 544.667,19
556.061, 557.011, 557.021, 558.011, 558.016, 558.019, 558.026, 558.031, 558.046, 559.115,20
565.002, 565.050, 565.052, 565.054, 565.056, 565.072, 565.073, 565.074, 565.076, 565.090,21
565.091, 565.225, 565.227, 565.260, 565.400, 565.405, 566.030, 566.032, 566.060, 566.103,22
566.125, 566.203, 566.209, 566.210, 566.211, 568.045, 568.060, 573.570, 573.575, 577.800,23
589.400, 589.401, 589.403, 589.404, 589.405, 589.407, 589.410, 589.411, 589.412, 589.413,24
589.414, 589.415, 589.417, 589.425, 589.900, 589.902, 590.192, 632.305, 632.489, 632.492,25
632.495, 632.504, 632.520, 632.580, 632.585, 632.590, 632.593, 632.595, 632.600, 632.605,26
632.610, and 1, to read as follows:27
27.117. A prosecuting or circuit attorney may request assistance from the attorney
general, or one of his or her assistants, to assist in the prosecution of a violation of sections2
565.090, 565.091, 565.225, 565.227, 565.400, 565.405, 573.570 or 573.575, where the offense3
occurred in more than one jurisdiction of the state. The prosecuting or circuit attorney4
may request any resource or capability of th e attorney general when prosecuting such5
cases.6
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:
(1) "Administration of criminal justice", performance of any of the following activities: 2
detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication,3
correctional supervision, or rehabilitation of accused persons or criminal offenders. The4
administration of criminal justice shall include the screening of employees or applicants seeking5
employment with criminal justice agencies, criminal identification activities, and the collection,6
storage, and dissemination of criminal histor y information, including fingerprint searches,7
photographs, and other unique biometric identification;8
(2) "Central repository", the division within the Missouri state highway patrol9
responsible for compiling and disseminating complete and accurate criminal history records and10
statistics;11
(3) "Committee", criminal records and justice information advisory committee;12
(4) "Comparable ordinance violation", a violation of an ordinance having all the13
essential elements of a statutory felony or a class A misdemeanor;14
(5) "Criminal history record information" , information collected by criminal justice15
agencies on individuals consisting of identifia ble descriptions and notations of arrests,16
detentions, indictments, informations, or other formal criminal charges, and any disposition17
arising therefrom, sentencing, correctional supervision, and release;18
(6) "Final disposition", the formal conclusion of a criminal proceeding at whatever stage19
it occurs in the criminal justice system;20
(7) "Missouri charge code", a unique number assigned by the office of state courts21
administrator to an offense for tracking and grouping offenses. Beginning January 1, 2005, the22
complete charge code shall consist of digits assigned by the office of state courts administrator,23
the two-digit national crime information center modifiers and a single digit designating attempt,24
accessory, or conspiracy. The only exception to the January 1, 2005, date shall be the courts that25
are not using the statewide court automation case management pursuant to section 476.055; the26
effective date will be as soon thereafter as economically feasible for all other courts;27
(8) "State offense cycle number", a unique number, supplied by or approved by the28
Missouri state highway patrol, on the state criminal fingerprint card. The offense cycle number,29
OCN, is used to link the identity of a person, through unique biometric identification, to one or30
many offenses for which the person is arrested or charged. The OCN will be used to track an31
offense incident from the date of arrest to the final disposition when the offender exits from the32
criminal justice system;33
(9) "Unique biometric identification", automated methods of recognizing and identifying34
an individual based on a physiological character istic. Biometric identification methods may35
include but are not limited to facial recognition, fingerprints, palm prints, hand geometry, iris36
recognition, and retinal scan.37
CCS SS SCS HCS HBs 2637 & 3155 4
43.503. 1. For the purpose of maintaining complete and accurate criminal history record
information, all police officers of this state, the clerk of each court, the department of2
corrections, the sheriff of each county, the chief law enforcement official of a city not within a3
county and the prosecuting attorney of each county or the circuit attorney of a city not within4
a county shall submit certain criminal arrest, charge, and disposition information to the central5
repository for filing without undue delay in the form and manner required by sections 43.5006
to [43.651] 43.600.7
2. All law enforcement agencies making misdemeanor and felony arrests as determined8
by section 43.506 shall furnish without undue delay, to the central repository, fingerprints,9
photograph, and if available, any other unique biometric identification collected, charges,10
appropriate charge codes, and descriptions of all persons who are arrested for such offenses on11
standard fingerprint forms supplied or approved by the highway patrol or electronically in a12
format and manner approved by the highway patrol and in compliance with the standards set by13
the Federal Bureau of Investigation in its Au tomated Fingerprint Identification System or its14
successor program. All such agencies shall also notify the central repository of all decisions not15
to refer such arrests for prosecution. An agency making such arrests may enter into16
arrangements with other law enforcement agencies for the purpose of furnishing without undue17
delay such fingerprints, photograph, and if available, any other unique biometric identification18
collected, charges, appropriate charge codes, and descriptions to the central repository upon its19
behalf.20
3. In order for the Missouri office of prosecution services to maintain complete and21
accurate statewide reports as required by section 56.750, on or before January 1, 2028, and22
thereafter, all police officers of this state, the sheriff and each deputy sheriff of each county, and23
the chief law enforcement official of a city not within a county and his or her officers shall24
submit referrals for any traffic violation, ordinance violation, or misdemeanor or felony offense25
referred to a prosecuting or circuit attorney in the form and manner approved by the Missouri26
office of prosecution services as required by subdivision (7) of subsection 1 of section 56.750. 27
At a minimum, any referral to a prosecuting attorney or circuit attorney for a felony offense shall28
include a probable cause statement and an investigative report. Any law enforcement agency29
that violates this subsection shall be ineligible to receive state or federal funds that would30
otherwise be paid to such agency for law enforcement, safety, or criminal justice purposes.31
4. In instances where an individual [less than seventeen] under eighteen years of age32
and not currently certified as an adult is taken into custody for an offense [which] that would33
be a class A or B felony, felony under chapter 566, or two felony offenses arising from34
distinct acts committed within one year of each other, if committed by an adult, the arresting35
officer shall take fingerprints for the central repository. These fingerprints shall be taken on36
fingerprint cards supplied by or approved by the highway patrol or transmitted electronically in37
CCS SS SCS HCS HBs 2637 & 3155 5
a format and manner approved by the highway patrol and in compliance with the standards set38
by the Federal Bureau of Investigation in its Automated Fingerprint Identification System or its39
successor program. [The fingerprint cards shall be so constructed that the name of the juvenile40
should not be made available to the central repository.] The individual's name and the unique41
number associated with the fingerprints and other pertinent information shall be provided to the42
court of jurisdiction by the agency taking the juvenile into custody. The juvenile's fingerprints43
and other information shall be forwarded to the central repository and the courts without undue44
delay. The fingerprint information from the card shall be captured and stored in the automated45
fingerprint identification system operated by the central repository. In the event the fingerprints46
are found to match other tenprints or unsolved la tent prints, the central repository shall notify47
the submitting agency who shall notify the court of jurisdiction as per local agreement. Under48
section 211.031, in instances where a juvenile over fifteen and one-half years of age is alleged49
to have violated a state or municipal traffic ordinance or regulation, which does not constitute50
a felony, and the juvenile court does not have jurisdiction, the juvenile shall not be fingerprinted51
unless certified as an adult. Records of a juvenile who ha s been fingerprinted under this52
subsection shall be closed records as provided under section 610.120.53
5. Upon certification of the individual as an adult, the certifying court shall order a law54
enforcement agency to immediately fingerprint and photograph the individual and certification55
papers will be forwarded to the appropriate law enforcement agency with the order for56
fingerprinting. The law enforcement agency shall submit such fingerprints, photograph, and57
certification papers to the central repository with in fifteen days and shall furnish the offense58
cycle number associated with the fingerprints to the prosecuting attorney or the circuit attorney59
of a city not within a county and to the clerk of the court ordering the subject fingerprinted. If60
the juvenile is acquitted of the crime and is no longer certified as an adult, the prosecuting61
attorney shall notify within fifteen days the centr al repository of the change of status of the62
juvenile. Records of a child who has been fingerprinted and photographed after being taken into63
custody shall be closed records as provided under section 610.100 if a petition has not been filed64
within thirty days of the date that the child was taken into custody; and if a petition for the child65
has not been filed within one year of the date the child was taken into custody, any records66
relating to the child concerning the alleged offense may be expunged under the procedures in67
sections 610.122 to 610.126.68
6. The prosecuting attorney of each county or the circuit attorney of a city not within a69
county or the municipal prosecuting attorney shall notify the central repository on standard70
forms supplied by the highway patrol or in a manner approved by the highway patrol of his or71
her decision to not file a criminal charge on any charge referred to such prosecuting attorney or72
circuit attorney for criminal charges. All r ecords forwarded to the cen tral repository and the73
courts by prosecutors or circuit attorneys as required by sections 43.500 to 43.530 shall include74
CCS SS SCS HCS HBs 2637 & 3155 6
the state offense cycle number of the offense, the charge code for the offense, and the originating75
agency identifier number of the reporting prosecutor, using such numbers as assigned by the76
highway patrol.77
7. The clerk of the courts of each county or city not within a county or municipal court78
clerk shall furnish the central repository, on standard forms supplied by the highway patrol or79
in a manner approved by the highway patrol, with a record of all charges filed, including all80
those added subsequent to the filing of a crimin al court case, amended charges, and all final81
dispositions of cases for which the central repository has a record of an arrest or a record of82
fingerprints reported pursuant to sections 43.500 to 43.506. Such information shall include, for83
each charge:84
(1) All judgments of not guilty, acquittals on the ground of mental disease or defect85
excluding responsibility, judgments or pleas of guilty including the sentence, if any, or86
probation, if any, pronounced by the court, nolle pros, discharges, releases and dismissals in the87
trial court;88
(2) Court orders filed with the clerk of the courts which reverse a reported conviction89
or vacate or modify a sentence;90
(3) Judgments terminating or revoking a sentence to probation, supervision or91
conditional release and any resentencing after such revocation; and92
(4) The offense cycle number of the offens e, and the originati ng agency identifier93
number of the sentencing court, using such numbers as assigned by the highway patrol.94
8. The clerk of the courts of each county or city not within a county shall furnish, to the95
department of corrections or department of mental health, court judgment and sentence96
documents and the state offense cycle number and the charge code of the offense which resulted97
in the commitment or assignment of an offende r to the jurisdiction of the department of98
corrections or the department of mental health if the person is committed pursuant to chapter99
552. This information shall be reported to the department of corrections or the department of100
mental health at the time of commitment or assignment. If the offender was already in the101
custody of the department of corrections or the department of mental health at the time of such102
subsequent conviction, the clerk shall furnish notice of such subsequent conviction to the103
appropriate department by certified mail, return receipt requested, or in a manner and format104
mutually agreed to, within fifteen days of such disposition.105
9. Information and fingerprints, photograph and if available, any other unique biometric106
identification collected, forwarded to the central repository, normally obtained from a person at107
the time of the arrest, may be obtained at any time the subject is in the criminal justice system108
or committed to the department of mental health. A law enforcement agency or the department109
of corrections may fingerprint, photograph, and capture any other unique biometric identification110
of the person unless collecting other unique bi ometric identification of the person is not111
CCS SS SCS HCS HBs 2637 & 3155 7
financially feasible for the law enforcement agency, and obtain the necessary information at any112
time the subject is in custody. If at the time of any court appearance, the defendant has not been113
fingerprinted and photographed for an offense in which a fingerprint and photograph is required114
by statute to be collected, maintained, or disseminated by the central repository, the court shall115
order a law enforcement agency or court marshal to fingerprint and photograph immediately the116
defendant. The order for fingerprints shall contain the offense, charge code, date of offense, and117
any other information necessary to complete the fingerprint card. The law enforcement agency118
or court marshal shall submit such fingerprints, photograph, and if available, any other unique119
biometric identification collected, to the central repository without undue delay and within thirty120
days and shall furnish the offense cycle numbe r associated with the fingerprints to the121
prosecuting attorney or the circuit attorney of a city not within a county and to the court clerk122
of the court ordering the subject fingerprinted.123
10. The department of corrections and the department of mental health shall furnish the124
central repository with all information concerning the receipt, escape, execution, death, release,125
pardon, parole, commutation of sentence, granting of executive clemency, legal name change,126
or discharge of an individual who has been se ntenced to that department's custody for any127
offenses which are mandated by law to be collected, maintained or disseminated by the central128
repository. All records forwarded to the central repository by the department as required by129
sections 43.500 to [43.651] 43.600 shall include the offense cycle number of the offense, and130
the originating agency identifier number of the department using such numbers as assigned by131
the highway patrol.132
43.506. 1. Those offenses considered reportable for the purposes of sections 43.500 to
[43.651] 43.600 include all felonies; class A misdemeanors; all violations for driving under the2
influence of drugs or alcohol; any offense that can be enhanced to a class A misdemeanor or3
higher for subsequent violations; and comparable ordinance violations consistent with the4
reporting standards established by the National Crime Information Center, Federal Bureau of5
Investigation, for the Federal Interstate Identification Index System; and all cases arising under6
chapter 566. The following types of offenses shall not be considered reportable for the purposes7
of sections 57.403, 43.500 to [43.651] 43.600, and 595.200 to 595.218: nonspecific charges of8
suspicion or investigation, general traffic violations and all misdemeanor violations of the state9
wildlife code. All offenses considered reportable shall be reviewed annually and noted in the10
Missouri charge code manual established in section 43.512. All information collected pursuant11
to sections 43.500 to [43.651] 43.600 shall be available only as set forth in section 610.120.12
2. Law enforcement agencies, court clerks, prosecutors and custody agencies may report13
required information by electronic medium either directly to the central repository or indirectly14
to the central repository via other criminal justice agency computer systems in the state with the15
approval of the highway patrol, based upon standards established by the advisory committee.16
CCS SS SCS HCS HBs 2637 & 3155 8
3. In addition to the repository of fingerprint records for individual offenders and17
applicants, the central repository of criminal history and identification records for the state shall18
maintain a repository of latent prints, palm prints and other unique biometric identification19
submitted to the repository.20
43.509. The director of the department of pub lic safety shall, in accordance with the
provisions of chapter 536, establish such rules and regulations as are necessary to implement the2
provisions of sections 43.500 to [43.651] 43.600. All collection and dissemination of criminal3
history information shall be in compliance with chapter 610 and applicable federal laws or4
regulations. Such rules shall relate to the co llection of criminal history information from or5
dissemination of such information to criminal justice, noncriminal justice, and private agencies6
or citizens both in this and other states. No rule or portion of a rule promulgated under the7
authority of sections 43.500 to [43.651] 43.600 shall become effective unless it has been8
promulgated pursuant to the provisions of section 536.024.9
43.527. For purposes of sections 43.500 to [43.651] 43.600, all federal and nonstate of
Missouri agencies and persons shall pay for criminal records checks, fingerprint searches, and2
any of the information as defined in subdivision (5) of section 43.500, when such information3
is not related to the administration of criminal justice. There shall be no charge for information4
supplied to criminal justice agencies for the administration of criminal justice. For purposes of5
sections 43.500 to [43.651] 43.600, the administration of criminal justice is defined in6
subdivision (1) of section 43.500 and shall be available only as set forth in section 610.120.7
43.530. 1. For each request requiring the payment of a fee received by the central
repository, the requesting entity shall pay a fee of not more than nine dollars per request for2
criminal history record information not based on a fingerprint search. In each year beginning3
on or after January 1, 2010, the superintendent may increase the fee paid by requesting entities4
by an amount not to exceed one dollar per year, however, under no circumstance shall the fee5
paid by requesting entities exceed fifteen dollars per request.6
2. For each request requiring the payment of a fee received by the central repository, the7
requesting entity shall pay a fee of not more than twenty dollars per request for criminal history8
record information based on a fingerprint s earch, unless the request is required under the9
provisions of subdivision (6) of section 210.481, section 210.487, or section 571.101, in which10
case the fee shall be fourteen dollars.11
3. A request made under subsections 1 and 2 of this section shall be limited to check and12
search on one individual. Each request sh all be accompanied by a check, warrant, voucher,13
money order, or electronic payment payable to the state of Missouri-criminal record system or14
payment shall be made in a manner approved by the highway patrol. The highway patrol may15
establish procedures for receiving requests for criminal history record information for16
classification and search for fingerprints, from courts and other entities, and for the payment of17
CCS SS SCS HCS HBs 2637 & 3155 9
such requests. There is hereby established by the treasurer of the state of Missouri a fund to be18
entitled as the "Criminal Record System Fund". Notwithstanding the provisions of section19
33.080 to the contrary, if the moneys collected and deposited into this fund are not totally20
expended annually for the purposes set forth in sections 43.500 to [43.651] 43.600, the21
unexpended moneys in such fund shall remain in the fund and the balance shall be kept in the22
fund to accumulate from year to year.23
56.265. 1. The county prosecuting attorney in any county [, other than in a chartered
county,] shall receive an annual salary computed [using the following schedule, when applicable. 2
The assessed valuation factor shall be the amount thereof as shown for the year immediately3
preceding the year for which the computation is done] as provided in this subsection.4
(1) For a full-time [prosecutor] prosecuting attorney of a charter, first, or second5
class county, or of a city not within a county, the [prosecutor] prosecuting attorney shall6
receive compensation equal to one hundred percent of the compensation of [an associate] a7
circuit judge[;] .8
(2) [For a part-time prosecutor:] For a full-time prosecuting attorney of a third or9
fourth class county, the prosecuting attorney shall receive compensation equal to one10
hundred percent of the compensation of an associate circuit judge or, upon approval by11
a majority of the county commission, the prosecuting attorney shall receive compensation12
equal to ninety-five percent of the compensation of a circuit judge.13
(3) Upon approval by a majority of the county commission, a part-time prosecuting14
attorney shall receive compensation equal to between thirty and sixty percent of the15
compensation of an associate circuit judge.16
17
[Assessed Valuation Amount18
$18,000,000 to 40,999,999 $37,00019
41,000,000 to 53,999,999 38,00020
54,000,000 to 65,999,999 39,00021
66,000,000 to 85,999,999 41,00022
86,000,000 to 99,999,999 43,00023
100,000,000 to 130,999,999 45,00024
131,000,000 to 159,999,999 47,00025
160,000,000 to 189,999,999 49,00026
190,000,000 to 249,999,999 51,00027
250,000,000 to 299,999,999 53,00028
300,000,000 or more 55,000 ]29
30
CCS SS SCS HCS HBs 2637 & 3155 10
(4) Notwithstanding any other provision of this section to the contrary, no31
prosecuting attorney who has held the office of prosecuting attorney prior to January 1,32
2027, shall have their compensation lowered by the implementation of the compensation33
procedures of this section, nor shall any prosecuting attorney have their compensation34
lowered during their tenure of office.35
2. Two thousand dollars of the salary shall be payable to any prosecuting attorney only36
if the prosecuting attorney has completed at l east twenty hours of classroom instruction each37
calendar year relating to the operations of the prosecuting attorney's office when approved by38
a professional association of the county prosecuting attorneys of Missouri unless exempted from39
the training by the professional association. The professional association approving the program40
shall provide a certificate of completion to each prosecuting attorney who completes the training41
program and shall send a list of certified prosecuting attorneys to the treasurer of each county42
or city not within a county. Expenses incurred for attending the training session may be43
reimbursed to the prosecuting attorney in the same manner as other expenses as may be44
appropriated for that purpose.45
3. Each calendar year, five thousand dollars of the salary shall be payable to any46
prosecuting attorney only if the prosecuting attorney has collected the data described in47
subsection 2 of section 56.750 in a manner approved by the prosecutors coordinators training48
council and makes the data described in subsection 2 of section 56.750 readily accessible to the49
Missouri office of prosecution services. The Missouri office of prosecution services shall50
provide a certificate of compliance to each prosecuting attorney who complies with this51
subsection and shall send a list of any certified prosecuting attorney to the respective treasurer52
of each county or city not within a county.53
4. For each calendar year, three thousand dollars of the salary shall be payable to any54
prosecuting attorney only if the prosecuting attorney has provided discovery to criminal defense55
attorneys who have entered an appearance on behalf of a defendant in a manner approved by the56
prosecutors coordinators training council. The Missouri office of prosecution services shall57
provide a certificate of compliance to each prosecuting attorney who complies with this58
subsection and shall send a list of any certified prosecuting attorney to the respective treasurer59
of each county or city not within a county.60
5. As used in this section, the term "prosecuting attorney" includes the circuit attorney61
of any city not within a county.62
6. The prosecuting attorney of any county which becomes a county of the first63
classification during a four-year term of office or a county which passed the proposition64
authorized by subsection 1 of section 56.363 shall not be required to devote full time to such65
office pursuant to section 56.067 until the beginning of the prosecuting attorney's next term of66
office or until the proposition otherwise becomes effective.67
CCS SS SCS HCS HBs 2637 & 3155 11
7. Notwithstanding any other provision of law to the contrary, any county with a68
vacancy in the office of prosecuting attorney for more than sixty days may consolidate with69
one contiguous county with a sitting prosecu ting attorney upon a unanimous vote of the70
county commissions of such counties to establish a cooperative regional prosecuting71
attorney's office at any time. The prosecuting attorney of the contiguous county shall then72
become the prosecuting attorney of that region for the remainder of that prosecuting73
attorney's term of office or until such time as the governor appoints a prosecuting attorney74
to fill the vacant prosecuting attorney po sition pursuant to section 105.030. Regional75
prosecuting attorneys shall be designated as full-time prosecuting attorneys and shall be76
compensated in the manner provided under the provisions of subdivision (2) of subsection77
1 of this section. No two counties that ea ch have sitting prosecu ting attorneys shall be78
permitted to consolidate in the manner described in this section.79
8. The provisions of section 56.066 shall not apply to full-time prosecutors who are80
compensated pursuant to subdivision (1) of subsection 1 of this section.81
9. (1) There is hereby created in the state treasury the "Missouri State82
Prosecutorial Services Grant Fund", which shall consist of moneys appropriated by the83
general assembly.84
(2) The state treasurer shall be custodian of the fund. In accordance with sections85
30.170 and 30.180, the state treasurer may approve disbursements. The fund shall be a86
dedicated fund and, upon appropriation, mone ys in this fund shall be used solely as87
provided in this section and shall be allo cated to counties of the third and fourth88
classification on the basis of need in order for such counties to be in compliance with the89
prosecuting attorney compensation provisions of this section.90
(3) Notwithstanding the provisions of section 33.080 to the contrary, any moneys91
remaining in the fund at the end of the biennium shall not revert to the credit of the92
general revenue fund.93
(4) The state treasurer shall invest moneys in the fund in the same manner as other94
funds are invested. Any interest and moneys earned on such investments shall be credited95
to the fund.96
57.540. 1. The sheriff of the City of St. Louis may employ an attorney at law to aid and
advise him in the discharge of his duties and to represent him in court[, which said attorney shall2
be known as "sheriff's attorney", and who shall receive as compensation for his services as such3
sheriff's attorney a sum of not less than th ree thousand dollars and not more than fifteen4
thousand dollars per annum, payable in semimonthly installments]. The sheriff shall set the5
compensation for an attorney hired pursuant to this section and such compensation shall6
be paid out of the same funds and revenue as the sheriff of such city is paid.7
CCS SS SCS HCS HBs 2637 & 3155 12
2. The attorney employed by a sheriff pursuant to subsection 1 of this section shall8
be employed at the pleasure of the sheriff.9
[211.021. As used in this chapter, unless the context clearly requires
otherwise, the following terms shall mean:2
(1) "Adult" [means], a person eighteen years of age or older;3
(2) "Child" [means], any person under eighteen years of age;4
(3) "Juvenile court" [means], the juvenile division or divisions of the5
circuit court of the county, or judges while hearing juvenile cases assigned to6
them;7
(4) "Juvenile detention facility", a place for the temporary care8
of a juvenile in judicial custody in a proceeding under subdivision (2) or9
(3) of subsection 1 of section 211.031 and includes a place that is10
physically confining, but does not include a jail or other adult detention11
facility unless the juvenile is seventeen years of age or older or unless the12
juvenile detention facility is operated, administered, and staffed13
separately and independently of a jail or other adult detention facility and14
used exclusively for the lawful custody and treatment of juveniles. A15
juvenile detention facility may be located in the same building or grounds16
as a jail or other adult detention facility if there is spatial separation17
between the facilities which prevents haphazard or accidental contact18
between juvenile and adult detainees; there is separation between juvenile19
and adult program activities; and there are separate juvenile and adult20
staff other than specialized support staff who have infrequent contact21
with detainees. The facility may be owned or operated by public or22
private agencies;23
(5) "Legal custody" [means], the right to the care, custody and control24
of a child and the duty to provide f ood, clothing, shelter, ordinary medical25
care, education, treatment and discipline of a child. Legal custody may be26
taken from a parent only by court action and if the legal custody is taken from27
a parent without termination of parental rights, the parent's duty to provide28
support continues even though the person having legal custody may provide29
the necessities of daily living;30
[(5)] (6) "Parent" [means], either a natural parent or a parent by31
adoption and if the child is illegitimate, "parent" means the mother;32
[(6)] (7) "Shelter care" [means], the temporary care of juveniles in33
physically unrestricting facilities pending final court disposition. These34
facilities may include:35
(a) "Foster home", the private home of foster parents providing36
twenty-four-hour care to one to three children unrelated to the foster parents37
by blood, marriage or adoption;38
(b) "Group foster home", the private home of foster parents providing39
twenty-four-hour care to no more than six children unrelated to the foster40
parents by blood, marriage or adoption;41
CCS SS SCS HCS HBs 2637 & 3155 13
(c) "Group home", a child care facility which approximates a family42
setting, provides access to community activities and resources, and provides43
care to no more than twelve children.]44
211.021. As used in this chapter, unless the context clearly requires otherwise , the
following terms shall mean:2
(1) "Adult" [means], a person eighteen years of age or older;3
(2) "Child" [means], any person under eighteen years of age;4
(3) "Juvenile court" [means], the juvenile division or divisions of the circuit court of the5
county, or judges while hearing juvenile cases assigned to them;6
(4) "Juvenile detention facility", a place for the temporary care of a juvenile in7
judicial custody in a proceed ing under subdivision (2) or (3 ) of subsection 1 of section8
211.031 and includes a place that is physically confining, but does not include a jail or9
other adult detention facility unless the juvenile is eighteen years of age or older or unless10
the juvenile detention facility is operated, administered, and staffed separately and11
independently of a jail or other adult detention facility and used exclusively for the lawful12
custody and treatment of juven iles. A juvenile detention facility may be located in the13
same building or grounds as a jail or other adult detention facility if there is spatial14
separation between the facilities which prevents haphazard or accidental contact between15
juvenile and adult detainees; there is separation between juvenile and adult program16
activities; and there are separate juvenile a nd adult staff other than specialized support17
staff who have infrequent contact with detainees. The facility may be owned or operated18
by public or private agencies;19
(5) "Legal custody" [means] , the right to the care, custody and control of a child and20
the duty to provide food, clothing, shelter, ordi nary medical care, education, treatment and21
discipline of a child. Legal custody may be taken from a parent only by court action and if the22
legal custody is taken from a parent without termination of parental rights, the parent's duty to23
provide support continues even though the person having legal custody may provide the24
necessities of daily living;25
[(5)] (6) "Parent" [means] , either a natural parent or a parent by adoption and if the child26
is illegitimate, "parent" means the mother;27
[(6)] (7) "Shelter care" [means], the temporary care of juveniles in physically28
unrestricting facilities pending final court disposition. These facilities may include:29
(a) "Foster home", the private home of foster parents providing twenty-four-hour care30
to one to three children unrelated to the foster parents by blood, marriage or adoption;31
(b) "Group foster home", the private home of foster parents providing twenty-four-hour32
care to no more than six children unrelated to the foster parents by blood, marriage or adoption;33
CCS SS SCS HCS HBs 2637 & 3155 14
(c) "Group home", a child care facility which approximates a family setting, provides34
access to community activities and resources, and provides care to no more than twelve children.35
[211.071. 1. (1) If a petition or motion to modify alleges that a child
between the ages of fourteen and eighteen has committed an offense that2
would be considered a class A or B felony, felony under chapter 566, or3
three felony offenses arising from distinct acts committed within one4
hundred eighty days of each other, if committed by an adult, the court may,5
upon its own motion or upon motion by the juvenile officer, the office of the6
prosecuting or circuit attorney, the child, or the child's custodian, order a7
hearing at which the prosecuting or circuit attorney may present evidence8
if the prosecuting or circuit attorney filed the petition, and may, in its9
discretion, dismiss the petition or motion to modify and such child may be10
transferred to the court of general jurisdiction and prosecuted under the11
general law; except that, if a petition alleges that a child between the ages of12
twelve and eighteen has committed an offense that would be considered first13
degree murder under section 565.020, second degree murder under section14
565.021, first degree assault under section 565.050, forcible rape under section15
566.030 as it existed prior to August 28, 2013, rape in the first degree under16
section 566.030, forcible sodomy under section 566.060 as it existed prior to17
August 28, 2013, sodomy in the fi rst degree under section 566.060, first18
degree robbery under section 569.020 as it existed prior to January 1, 2017, 19
robbery in the first degree under section 570.023, distribution of drugs under20
section 195.211 as it existed prior to January 1, 2017, or the manufacturing of21
a controlled substance under section 579.055, if committed by an adult, or a22
dangerous felony as defined in section 556.061, or any felony involving the23
use, assistance, or aid of a deadly weapon, or has committed two or more prior24
unrelated offenses that would be felonies if committed by an adult, the court25
shall order a hearing, and may, in its discretion, dismiss the petition or motion26
to modify and transfer the child to a court of general jurisdiction for27
prosecution under the general law.28
(2) The moving party shall be solely responsible for all duties29
enumerated under this section. If the juvenile officer forwards to the30
prosecuting or circuit attorney a class A or B felony that is not certified31
by the juvenile officer, the prosecuting or circuit attorney shall notify the32
juvenile officer within fourteen days of the decision to certify the case.33
2. Upon apprehension and arrest, jurisdiction over the criminal offense34
allegedly committed by any person between eighteen and twenty-one years of35
age over whom the juvenile court has retained continuing jurisdiction shall36
automatically terminate and that offens e shall be dealt with in the court of37
general jurisdiction as provided in section 211.041.38
3. Knowing and willful age misrepresentation by a juvenile subject39
shall not affect any action or pr oceeding which occurs based upon the40
misrepresentation. Any evidence obtained during the period of time in which41
CCS SS SCS HCS HBs 2637 & 3155 15
a child misrepresents his or her age may be used against the child and will be42
subject only to rules of evidence applicable in adult proceedings.43
4. Written notification of a transfer hearing shall be given to the44
juvenile and his or her custodian in the same manner as provided in sections45
211.101 and 211.111. Notice of the hearing may be waived by the custodian. 46
Notice shall contain a statement that the purpose of the hearing is to determine47
whether the child is a proper subject to be dealt with under the provisions of48
this chapter, and that if the court finds that the child is not a proper subject to49
be dealt with under the provisions of this chapter, the petition or motion to50
modify will be dismissed to allow for prosecution of the child under the51
general law.52
5. The juvenile officer [may] shall consult with the office of53
prosecuting or circuit attorney concerning any offense for which the child54
could be certified as an adult under this section. The prosecuting or circuit55
attorney shall [have access to ] be provided police reports, reports of the56
juvenile or deputy juvenile officer, statements of witnesses , a copy of the57
completed Missouri Juvenile Detention Assessment Form (JDTA) or58
similar form that was used in determining detention, and all other records59
or reports relating to the offense alleged to have been committed by the child. 60
The prosecuting or circuit attorney shall have access to the disposition records61
of the child when the child has been adjudicated pursuant to subdivision (3)62
of subsection 1 of section 211.031. The prosecuting or circuit attorney shall63
not divulge any information regardi ng the child and th e offense until the64
juvenile court at a judicial hearing has determined that the child is not a proper65
subject to be dealt with under the provisions of this chapter. Any sanction66
recommended as a result of the JDTA sh all be used as a guideline and67
shall not be mandatory.68
6. In every incident, the juvenile officer shall consider legally69
sufficient charges submitted by a law enforcement agency when utilizing70
the JDTA form to determine whether or not to detain a child and shall71
provide a copy of that completed JDTA form to the law enforcement72
agency once a determination has been made. For purposes of this section,73
the term "legally sufficient" means a reasonable belief with articulable74
facts that a crime has been or is being committed based on the totality of75
the circumstances. 76
7. Notwithstanding any other provision of law or the Missouri77
supreme court operating rules to the contrary, law enforcement agencies78
who detain juveniles for offenses where fingerprinting is required, shall79
collect fingerprints and forward dete ntion information to the central80
repository, in a manner prescribed by the central repository. The81
juvenile officer and court of jurisdiction over the juvenile offender shall82
report all adjudication, delinquency, and custody information to the83
central repository, in a manner prescribed by the central repository. All84
information reported under this section shall be available to criminal85
CCS SS SCS HCS HBs 2637 & 3155 16
justice agencies for the administration of criminal justice under section86
43.500 through the Missouri Uniform Law Enforcement System87
(MULES). Such records maintained by the central repository under this88
subsection shall be closed pursuant to section 610.120. 89
8. A written report shall be prepared in accordance with this chapter90
developing fully all available information relevant to the criteria which shall91
be considered by the court in determining whether the child is a proper subject92
to be dealt with under the provisions of this chapter and whether there are93
reasonable prospects of rehabilitation w ithin the juvenile justice system. 94
These criteria shall include but not be limited to:95
(1) The seriousness of the offense alleged and whether the protection96
of the community requires transfer to the court of general jurisdiction;97
(2) Whether the offense alleged involved viciousness, force and98
violence;99
(3) Whether the offense alleged was against persons or property with100
greater weight being given to the offense against persons, especially if101
personal injury resulted;102
(4) Whether the offense alleged is a part of a repetitive pattern of103
offenses which indicates that the child may be beyond rehabilitation under the104
juvenile code;105
(5) The record and history of the child, including experience with the106
juvenile justice system, other courts, supervision, commitments to juvenile107
institutions and other placements;108
(6) The sophistication and maturity of the child as determined by109
consideration of his or her home and environmental situation, emotional110
condition and pattern of living;111
(7) The age of the child;112
(8) The program and facilities available to the juvenile court in113
considering disposition;114
(9) Whether or not the child can benefit from the treatment or115
rehabilitative programs available to the juvenile court; and116
(10) Racial disparity in certification.117
[7.] 9. If the court dismisses the petition to permit the child to be118
prosecuted under the general law, the court shall enter a dismissal order119
containing:120
(1) Findings showing that the court had jurisdiction of the cause and121
of the parties;122
(2) Findings showing that the child was represented by counsel;123
(3) Findings showing that the hearing was held in the presence of the124
child and his or her counsel; and125
(4) Findings showing the reasons underlying the court's decision to126
transfer jurisdiction.127
[8.] 10. A copy of the petition or motion to modify and order of the128
dismissal shall be sent to the prosecuting attorney.129
CCS SS SCS HCS HBs 2637 & 3155 17
[9.] 11. When a petition or motion to modify has been dismissed130
thereby permitting a child to be prosecuted under the general law and the131
prosecution of the child results in a conviction, the jurisdiction of the juvenile132
court over that child is forever terminated, except as provided in subsection133
[10] 12 of this section, for an act that w ould be a violation of a state law or134
municipal ordinance.135
[10.] 12. If a petition or motion to modify has been dismissed thereby136
permitting a child to be prosecuted under the general law and the child is137
found not guilty by a court of general ju risdiction, the juvenile court shall138
have jurisdiction over any later offense committed by that child which would139
be considered a misdemeanor or felony if committed by an adult, subject to140
the certification provisions of this section.141
[11.] 13. If the court does not dismiss the petition or motion to modify142
to permit the child to be prosecuted under the general law, it shall set a date143
for the hearing upon the petition as provided in section 211.171.]144
211.071. 1. (1) If a petition or motion to modify alleges that a child between the ages
of fourteen and eighteen has committed an offense that would be considered a class A or B2
felony, felony under chapter 566, or three felony offenses arising from distinct acts3
committed within one hundred eighty days of each other, if committed by an adult, the court4
may, upon its own motion or upon motion by the juvenile officer, the office of the prosecuting5
or circuit attorney, the child, or the child's custodian, order a hearing at which the prosecuting6
or circuit attorney may presen t evidence if the prosecuting or circuit attorney filed the7
motion, and may, in its discretion, dismiss the petition or motion to modify and such child may8
be transferred to the court of general jurisdiction and prosecuted under the general law; except9
that, if a petition alleges that a child between the ages of twelve and eighteen has committed an10
offense that would be considered first degree murder under section 565.020, second degree11
murder under section 565.021, first degree assault under section 565.050, forcible rape under12
section 566.030 as it existed prior to August 28, 2013, rape in the first degree under section13
566.030, forcible sodomy under section 566.060 as it existed prior to August 28, 2013, sodomy14
in the first degree under section 566.060, first degree robbery under section 569.020 as it existed15
prior to January 1, 2017, robbery in the first degree under section 570.023, distribution of drugs16
under section 195.211 as it existed prior to January 1, 2017, or the manufacturing of a controlled17
substance under section 579.055, if committed by an adult, or a dangerous felony as defined in18
section 556.061, or any felony involving the use, assistance, or aid of a deadly weapon, or has19
committed two or more prior unrelated offenses that would be felonies if committed by an adult,20
the court shall order a hearing, and may, in its discretion, dismiss the petition or motion to21
modify and transfer the child to a court of general jurisdiction for prosecution under the general22
law.23
CCS SS SCS HCS HBs 2637 & 3155 18
(2) The moving party shall be solely responsible for all duties enumerated under24
this section. If the juvenile officer forwards to the prosecuting or circuit attorney a class25
A or B felony that is not certified by the juvenile officer, the prosecuting or circuit attorney26
shall notify the juvenile officer within fourteen days of the decision to certify the case. 27
Should certification be sought, the prosecuting attorney shall have no more than fourteen28
days to file such motion.29
2. Upon apprehension and arrest, jurisdiction over the criminal offense allegedly30
committed by any person between eighteen and twenty-one years of age over whom the juvenile31
court has retained continuing jurisdiction shall automatically terminate and that offense shall be32
dealt with in the court of general jurisdiction as provided in section 211.041.33
3. Knowing and willful age misrepresentation by a juvenile subject shall not affect any34
action or proceeding which occurs based upon the misrepresentation. Any evidence obtained35
during the period of time in which a child misrepresents his or her age may be used against the36
child and will be subject only to rules of evidence applicable in adult proceedings.37
4. Written notification of a transfer hearing shall be given to the juvenile and his or her38
custodian in the same manner as provided in sections 211.101 and 211.111. Notice of the39
hearing may be waived by the custodian. Notice shall contain a statement that the purpose of40
the hearing is to determine whether the child is a proper subject to be dealt with under the41
provisions of this chapter, and that if the court finds that the child is not a proper subject to be42
dealt with under the provisions of this chapter, the petition or motion to modify will be dismissed43
to allow for prosecution of the child under the general law.44
5. The juvenile officer [may] shall consult with the office of prosecuting or circuit45
attorney concerning any offense for which the child could be certified as an adult under this46
section. The prosecuting or circuit attorney shall [have access to] be provided police reports,47
reports of the juvenile or deputy juvenile officer, statements of witnesses , a copy of the48
completed Missouri Juvenile Detention Assessment Form (JDTA) or similar form that was49
used in determining detention, and all other records or reports relating to the offense alleged50
to have been committed by the child. The prosecuting or circuit attorney shall have access to51
the disposition records of the child when the child has been adjudicated pursuant to subdivision52
(3) of subsection 1 of section 211.031. The prosecuting or circuit attorney shall not divulge any53
information regarding the child and the offense until the juvenile court at a judicial hearing has54
determined that the child is not a proper subject to be dealt with under the provisions of this55
chapter. Any recommendation as a result of the JDTA shall be used as a guideline and shall56
not be mandatory.57
6. In every incident, the juvenile officer shall consider legally sufficient charges58
submitted by a law enforcement agency when utilizing the JDTA form to determine59
whether or not to detain a child and shall provide a copy of that completed JDTA form to60
CCS SS SCS HCS HBs 2637 & 3155 19
the law enforcement agency once a determination has been made. For purposes of this61
section, the term "legally sufficient" means a reasonable belief with articulable facts that62
a crime has been or is being committed based on the totality of the circumstances. 63
7. Notwithstanding any other provision of law or the Missouri supreme court64
operating rules to the contrary, law enforcement agencies who detain juveniles for offenses65
where fingerprinting is required, shall collect fingerprints and forward detention66
information to the central repository, in a manner prescribed by the central repository. 67
The juvenile officer and court of jurisdiction over the juvenile offender shall report all68
adjudication, delinquency, and custody information to the central repository, in a manner69
prescribed by the central repository. All information reported under this section shall be70
available to criminal justice agencies for th e administration of criminal justice under71
section 43.500 through the Missouri Uniform Law Enforcement System (MULES). Such72
records maintained by the central repository under this subsection shall be closed pursuant73
to section 610.120. 74
8. A written report shall be prepared in accordance with this chapter developing fully75
all available information relevant to the crite ria which shall be considered by the court in76
determining whether the child is a proper subject to be dealt with under the provisions of this77
chapter and whether there are reasonable prospects of rehabilitation within the juvenile justice78
system. These criteria shall include but not be limited to:79
(1) The seriousness of the offense alleged and whether the protection of the community80
requires transfer to the court of general jurisdiction;81
(2) Whether the offense alleged involved viciousness, force and violence;82
(3) Whether the offense alleged was against persons or property with greater weight83
being given to the offense against persons, especially if personal injury resulted;84
(4) Whether the offense alleged is a part of a repetitive pattern of offenses which85
indicates that the child may be beyond rehabilitation under the juvenile code;86
(5) The record and history of the child, in cluding experience with the juvenile justice87
system, other courts, supervision, commitments to juvenile institutions and other placements;88
(6) The sophistication and maturity of the child as determined by consideration of his89
or her home and environmental situation, emotional condition and pattern of living;90
(7) The age of the child;91
(8) The program and facilities available to the juvenile court in considering disposition;92
(9) Whether or not the child can benefit from the treatment or rehabilitative programs93
available to the juvenile court; and94
(10) Racial disparity in certification.95
[7.] 9. If the court dismisses the petition to permit the child to be prosecuted under the96
general law, the court shall enter a dismissal order containing:97
CCS SS SCS HCS HBs 2637 & 3155 20
(1) Findings showing that the court had jurisdiction of the cause and of the parties;98
(2) Findings showing that the child was represented by counsel;99
(3) Findings showing that the hearing was held in the presence of the child and his or100
her counsel; and101
(4) Findings showing the reasons underlying the court's decision to transfer jurisdiction.102
[8.] 10. A copy of the petition or motion to modify and order of the dismissal shall be103
sent to the prosecuting attorney.104
[9.] 11. When a petition or motion to modify has been dismissed thereby permitting a105
child to be prosecuted under the general law a nd the prosecution of the child results in a106
conviction, the jurisdiction of the juvenile court over that child is forever terminated, except as107
provided in subsection [10] 12 of this section, for an act that would be a violation of a state law108
or municipal ordinance.109
[10.] 12. If a petition or motion to modify has been dismissed thereby permitting a child110
to be prosecuted under the general law and the child is found not guilty by a court of general111
jurisdiction, the juvenile court shall have jurisdiction over any later offense committed by that112
child which would be considered a misdemeanor or felony if committed by an adult, subject to113
the certification provisions of this section.114
[11.] 13. If the court does not dismiss the petition or motion to modify to permit the115
child to be prosecuted under the general law, it shall set a date for the hearing upon the petition116
as provided in section 211.171.117
211.319. 1. On or before July 1, 2005, all juvenile court proceedings conducted
pursuant to subdivision (1) of subsection 1 of section 211.031 and for termination of parental2
rights cases pursuant to sections 211.442 to 211.487 initiated by a juvenile officer or the division3
shall be open to the public; except that, when the parent has consented in writing to the4
termination of his or her parental rights in conjunction with a placement with a licensed child-5
placing agency under subsection 6 of section 453.010, the hearing shall be closed. The court,6
on its own motion, may exclude for good cause shown any person or persons from the7
proceedings to protect the welfare and best interests of the child and for exceptional8
circumstances. Any party to a juvenile court proceeding referred to in this subsection, except9
the state, may file a motion requesting that the general public be excluded from the proceeding10
or any portion of the proceeding. Upon the filing of such motion, the court shall hear arguments11
by the parties, but no evidence, and shall make a determination whether closure is in the best12
interest of the parties or whether it is in the public interest to deny such motion. The court shall13
make a finding on the record when a motion to close a hearing pursuant to this section is made14
and heard by the court.15
2. Notwithstanding the provisions of subsection 1 of this section, the general public shall16
be excluded from all juvenile court proceedings referred to in subsection 1 of this section during17
CCS SS SCS HCS HBs 2637 & 3155 21
the testimony of any child or victim and only such persons who have a direct interest in the case18
or in the work of the court will be admitted to the proceedings.19
3. For juvenile court proceedings described in subsection 1 of this section, pleadings and20
orders of the juvenile court other than confidential files and those specifically ordered closed by21
the juvenile court judge shall be open to the general public. For purposes of this section,22
"confidential file" means all other records and reports considered closed or confidential by law,23
including but not limited to medical reports, psychological or psychiatric evaluations,24
investigation reports of the children's division, social histories, home studies, and police reports25
and law enforcement records. Only persons who are found by the court to have a legitimate26
interest shall be allowed access to confidential or closed files. In determining whether a person27
has a legitimate interest, the court shall consider the nature of the proceedings, the welfare and28
safety of the public, and the interest of any child involved.29
4. For records made available to the public pursuant to this section:30
(1) The identity of any child involved except the perpetrator shall not be disclosed and31
all references in such records to the identity of any child involved except the perpetrator shall32
be redacted prior to disclosure to the public; and33
(2) All information that may identify or lead to the disclosure of the identity of a reporter34
of child abuse under sections 210.109 to 210.183 and section 352.400 shall not be disclosed to35
the public.36
5. All juvenile court proceedings conducted pursuant to subdivision (3) of37
subsection 1 of section 211.031 shall not be open to the general public.38
6. The provisions of this section shall apply to juvenile court proceedings and records39
specified in this section in which the initial pleadings are filed on or after July 1, 2005.40
[211.331. 1. In each county of the first and second classifications and
in [the city of St. Louis ] any city not within a county , it is the duty of the2
county [commission, or, where there is no county commission, such other3
authorized] governing body, to provide a place of juvenile detention [for4
children coming within the provisions of this chapter] or juvenile detention5
facility. It is also the duty of the county [commission or other authorized ]6
governing body to provide offices for the personnel of the juvenile court.7
2. The place of juvenile detention or juvenile detention facility shall8
be so located and arranged that the child being detained does not come in9
contact, at any time or in any manner, with adults convicted or under arrest,10
and the care of children in detention shall approximate as closely as possible11
the care of children in good homes.12
3. The place of juvenile detention or juvenile detention facility shall13
be in charge of a superintendent. The judge of the juvenile court or the family14
court administrator, if provided by local rule, shall appoint and fix the15
compensation and maintenance of the superintendent and of any assistants or16
CCS SS SCS HCS HBs 2637 & 3155 22
other personnel required to operate the detention facility. Such compensation17
and maintenance are payable out of funds of the county.18
4. The county [commission or other] governing body [of the county]19
is authorized to lease or to acquire by purchase, gift or devise land for such20
purpose, and to erect buildings thereon and to provide funds to equip and21
maintain the same for the subsistence and education of the children placed22
therein.]23
211.331. 1. In each county of the first and second classifications and in [the city of St.
Louis] any city not within a county, it is the duty of the county [commission, or, where there2
is no county commission, such other authorized ] governing body [,] to provide a place of3
juvenile detention [for children coming within the provisions of this chapter ] or juvenile4
detention facility. It is also the duty of the county [commission or other authorized] governing5
body to provide offices for the personnel of the juvenile court.6
2. The place of juvenile detention or juvenile detention facility shall be so located and7
arranged that the child being detained does not come in contact, at any time or in any manner,8
with adults convicted or under arrest, and the care of children in detention shall approximate as9
closely as possible the care of children in good homes.10
3. The place of juvenile detention or juvenile detention facility shall be in charge of11
a superintendent. The judge of the juvenile court or the family court administrator, if provided12
by local rule, shall appoint and fix the compensation and maintenance of the superintendent and13
of any assistants or other personnel require d to operate the detention facility. Such14
compensation and maintenance are payable out of funds of the county.15
4. The county [commission or other] governing body [of the county] is authorized to16
lease or to acquire by purchase, gift or devise land for such purpose, and to erect buildings17
thereon and to provide funds to equip and maintain the same for the subsistence and education18
of the children placed therein.19
[211.341. 1. [Counties of the third and fourth classes within one
judicial circuit, shall, ] Upon the written recommendation of the [circuit]2
presiding judge of that judicial circuit, or upon written notice from the3
county governing body to the presiding judge of approval of ordinances,4
orders, or resolutions authorizing a juvenile detention facility by all5
counties within that judicial circuit and the agreement provided in section6
211.342, counties of the third and fourth classes within one judicial circuit7
shall establish a place of juvenile detention or juvenile detention facility to8
serve all of the counties within that j udicial circuit, and in like manner, the9
counties shall supply offices for the juvenile officers of that circuit. 10
2. The recommendation of the [circuit] presiding judge provided in11
subsection 1 of this section shall be made only after a hearing conducted by12
[him] the judge, after thirty days' notice, to determine the need and feasibility13
of establishing such a place of juvenile detention or juvenile detention14
CCS SS SCS HCS HBs 2637 & 3155 23
facility within the judicial circuit.15
3. The provisions of section 211.331 apply as to the form of operation16
and means of maintenance of the place of juvenile detention or juvenile17
detention facility, except that the total cost of establishment and operation of18
the places of juvenile detention or juvenile detention facilities shall be19
prorated among the several counties within that judicial circuit upon a ratio to20
be determined by a comparison of the respective populations of the counties. 21
The point of location of the place of juvenile detention or juvenile detention22
facility shall be determined by the [circuit] presiding judge of the judicial23
circuit or pursuant to an agreement established by section 211.342.24
[2. Circuit judges of any two or more adjoining judicial circuits after25
a hearing as provided in subsection 1 may, by agreement confirmed by26
judicial order, and] 4. In the interest of economy of administration, after a27
hearing as provided in subsection 2 of this section, the presiding judges28
of any two or more adjoining judicial circuit may establish one place of29
juvenile detention or juvenile detention facility to serve their respective30
judicial circuits, by agreement confirmed by judicial order. In such event,31
the [circuit] presiding judges so agreeing shall jointly govern the affairs of the32
place of juvenile detention or juvenile detention facility and the cost thereof33
shall be apportioned among the counties served in the manner provided for in34
subsection 1 of this section.35
[3.] 5. Any county of the third or fourth class desiring to provide its36
own place of juvenile detention or juvenile detention facility may do so in37
the manner prescribed for counties of the first and second classes.]38
211.341. 1. [Counties of the third and fourth classes within one judicial circuit, shall,]
Upon the written recommendation of the [circuit] presiding judge of [that] a judicial circuit, or2
upon written notice from the county governing body to the presiding judge of approval of3
ordinances, orders, or resolutions authorizing a juvenile detention facility by all counties4
within that judicial circuit and the agreement provided in section 211.342, counties of the5
third and fourth classes within one judicial circuit shall establish a place of juvenile detention6
or juvenile detention facility to serve all of the counties within that judicial circuit, and in like7
manner, the counties shall supply offices for the juvenile officers of that circuit. 8
2. The recommendation of the [circuit] presiding judge provided in subsection 1 of9
this section shall be made only after a hearing conducted by [him] the judge, after thirty days'10
notice, to determine the need and feasibility of establishing such a place of juvenile detention11
or juvenile detention facility within the judicial circuit.12
3. The provisions of section 211.331 apply as to the form of operation and means of13
maintenance of the place of juvenile detention or juvenile detention facility, except that the14
total cost of establishment and operation of the places of juvenile detention or juvenile15
detention facilities shall be prorated among the several counties within that judicial circuit upon16
CCS SS SCS HCS HBs 2637 & 3155 24
a ratio to be determined by a comparison of the respective populations of the counties. The point17
of location of the place of juvenile detention or juvenile detention facility shall be determined18
by the [circuit] presiding judge of the judicial circuit or pursuant to an agreement established19
by section 211.342.20
[2. Circuit judges of any two or more adjo ining judicial circuits after a hearing as21
provided in subsection 1 may, by agreement confirmed by judicial order, and] 4. In the interest22
of economy of administration, after a hearing as provided in subsection 2 of this section, the23
presiding judges of any two or more adjoining judicial circuits may establish one place of24
juvenile detention or juvenile detention facility to serve their respective judicial circuits, by25
agreement confirmed by judicial order . In such event, the [circuit] presiding judges so26
agreeing shall jointly govern the affairs of the place of juvenile detention or juvenile detention27
facility and the cost thereof shall be apportioned among the counties served in the manner28
provided for in subsection 1 of this section.29
[3.] 5. Any county of the third or fourth class desiring to provide its own place of30
juvenile detention or juvenile detention facility may do so in the manner prescribed for31
counties of the first and second classes.32
[211.342. 1. (1) In coordination with each other, the governing
bodies of the counties within the same judicial circuit may establish a2
juvenile detention facility to serve the judicial circuit.3
(2) The governing body of each county desiring to coordinate a4
juvenile detention facility under this subsection shall approve an5
ordinance, order, or resolution authorizing a juvenile detention facility6
within one of the counties and sha ll approve an agreement between all7
counties within the same judicial circuit, as specified by subsection 4 of8
this section.9
2. (1) In coordination with each other, the governing bodies of the10
counties in adjoining judicial circuits may establish a juvenile detention11
facility to serve the judicial circuits.12
(2) The governing body of each county desiring to coordinate a13
juvenile detention facility under this subsection shall approve an14
ordinance, order, or resolution authorizing a juvenile detention facility15
within one of the counties and sha ll approve an agreement between all16
counties within each judicial circuit, as specified by subsection 4 of this17
section.18
3. The governing body of each county desiring to coordinate a19
juvenile detention facility under subsection 1 or 2 of this section shall20
notify the presiding judge of the judicial circuit or each judicial circuit of21
the authorization of a juvenile detention facility. The notice shall include22
the authorizing ordinance, order, or resolution of each county and the23
CCS SS SCS HCS HBs 2637 & 3155 25
approved agreement, as specified in subsection 4 of this section.24
4. The agreement that specifies the duties of each county shall25
contain the following:26
(1) The total cost of establishment and operation of the places of27
detention;28
(2) The prorated formula for th e calculation of each county's29
contribution to the costs of a juvenile detention facility based upon a ratio30
of the respective populations of the counties;31
(3) The methods and powers that may be used for constructing,32
leasing, or financing a juvenile detention facility;33
(4) The use of the sales tax as authorized by subsection 6 of this34
section; and35
(5) The point of location of the place of juvenile detention facility.36
5. Subsection 3 and 4 of section 211.331 shall apply to a juvenile37
detention facility authorized pursuant to this section. The operation and38
support of a juvenile detention facility authorized pursuant to this section39
shall be regulated in accordance wi th the rules and standards of the40
Missouri supreme court under the governance of the presiding judge of41
the judicial circuit. If the countie s of adjoining judicial circuits have42
authorized a juvenile detention fac ility pursuant to this section, the43
presiding judges shall jointly govern the affairs of the juvenile detention44
facility.45
6. (1) The counties authorizin g a juvenile detention facility46
pursuant to this section may impose, by order, a sales tax up to one47
percent on all retail sales made in such counties which are subject to48
taxation pursuant to the provisions of sections 144.010 to 144.525 for the49
purpose of providing a juvenile detention facility. The tax authorized by50
this section shall be in addition to any and all other sales taxes allowed by51
law, except that no order imposing a sales tax pursuant to this section52
shall be effective unless the govern ing body, for each county in the53
judicial circuit or circuits submits to the voters of the county, on any54
election date authorized in chapt er 115, a proposal to authorize the55
governing body of the county to impose a tax.56
(2) The ballot of submission shall contain, but need not be limited57
to, the following language:58
Shall the (counties' names) impose a region-59
wide sales tax of ______ (insert amount) for the60
purpose of providing a juvenile detention facility61
within in the jurisdiction of (judicial circuit's name62
CCS SS SCS HCS HBs 2637 & 3155 26
or judicial circuits' name)?63
64
9 YES65
66
9 NO
If you are in favor of the question, place an67
"X" in the box opposite "YES". If you are opposed68
to the question, place an "X" in the box opposite69
"NO".70
71
72
If a majority of the votes cast on the proposal by the qualified voters of73
the county voting thereon are in favor of the proposal, then the order and74
any amendment to such order shall be in effect on the first day of the75
second quarter immediately following the election approving the76
proposal. If the proposal receives less than the required majority, the77
governing body of the county shall have no power to impose the sales tax78
authorized pursuant to this section unless and until the governing body79
of the county shall again have submi tted another proposal to authorize80
the county commission, or authorized body, to impose the sales tax81
authorized by this section and such proposal is approved by the required82
majority of the qualified voters of the county commission, or authorized83
body, voting on such proposal; howe ver, in no event shall a proposal84
pursuant to this section be submi tted to the voters sooner than twelve85
months from the date of the last submission of a proposal pursuant to this86
section.87
(3) All revenue recei ved by a county from the tax authorized88
pursuant to this section shall be deposited in a special trust fund and shall89
be used solely for providing a juvenile detention facility for children90
coming within the provisions of this chapter for so long as the tax shall91
remain in effect.92
(4) Once the tax authorized by this section is abolished or93
terminated by any means, all funds remaining in the special trust fund94
shall be used solely for providing a juvenile detention facility for children95
coming within the provisions of this chapter for the counties. Any funds96
in such special trust fund which are not needed for current expenditures97
may be invested by the county commission in accordance with applicable98
laws relating to the investment of other county funds.99
(5) All sales taxes collected by the director of revenue pursuant to100
this section on behalf of any county, less one percent for cost of collection101
which shall be deposited in the state's general revenue fund after payment102
CCS SS SCS HCS HBs 2637 & 3155 27
of premiums for surety bonds as provided in section 32.087, shall be103
deposited in a special trust fund, which is hereby created, to be known as104
the "Juvenile Detention Facility Sales Tax Trust Fund". The moneys in105
the juvenile detention facility sales tax trust fund shall not be deemed to106
be state funds and shall not be commingled with any funds of the state. 107
The director of revenue shall keep accurate records of the amount of108
money in the trust fund which was collected in each county imposing a109
sales tax pursuant to this section, and the records shall be open to the110
inspection of officers of each member county and the public. Not later111
than the tenth day of each month the director of revenue shall distribute112
all moneys deposited in the trust fund during the preceding month to the113
county which levied the tax. Such funds shall be deposited with the114
treasurer of each such county, and all expenditures of funds arising from115
the juvenile detention facility sales tax trust fund shall be paid pursuant116
to an appropriation adopted by the governing body of the county. 117
Expenditures may be made from the fund for the function authorized in118
the order adopted by the governing body of the county submitting the119
juvenile detention facility tax to the voters.120
(6) The director of revenue may make refunds from the amounts121
in the trust fund and credited to any county for erroneous payments and122
overpayments made, and may redeem dishonored checks and drafts123
deposited to the credit of such counties. If any county abolishes the tax,124
the governing body of the county sha ll notify the director of revenue of125
the action at least ninety days prior to the effective date of the repeal, and126
the director of revenue may order retention in the trust fund, for a period127
of one year, of two percent of the amount collected after receipt of such128
notice to cover possible refunds or overpayment of the tax and to redeem129
dishonored checks and drafts deposite d to the credit of such accounts. 130
After one year has elapsed after the effective date of abolition of the tax131
in such county, the director of reve nue shall remit the balance in the132
account to the county and close the account of that county. The director133
of revenue shall notify each count y in each instance of any amount134
refunded or any check redeemed from receipts due the county.135
(7) Except as provided in this section, all provisions of sections136
32.085 and 32.087 shall apply to the tax imposed pursuant to this section.]137
211.342. 1. (1) In coordination with ea ch other, the governing bodies of the
counties within the same judicial circuit may establish a juvenile detention facility to serve2
the judicial circuit.3
(2) The governing body of each county desiring to coordinate a juvenile detention4
facility under this subsection shall approve an ordinance, order, or resolution authorizing5
a juvenile detention facility within one of the counties and sha ll approve an agreement6
CCS SS SCS HCS HBs 2637 & 3155 28
between all counties within the same judicial circuit, as specified by subsection 4 of this7
section.8
2. (1) In coordination with each oth er, the governing bodies of the counties in9
adjoining judicial circuits may establish a juvenile detention facility to serve the judicial10
circuits.11
(2) The governing body of each county desiring to coordinate a juvenile detention12
facility under this subsection shall approve an ordinance, order, or resolution authorizing13
a juvenile detention facility within one of the counties and shall approve an agreement14
between all counties within each judicial circuit, as specified by subsection 4 of this section.15
3. The governing body of each county desiring to coordinate a juvenile detention16
facility under subsection 1 or 2 of this section shall notify the presiding judge of the judicial17
circuit or each judicial circuit of the author ization of a juvenile detention facility. The18
notice shall include the authorizing ordinance, order, or resolution of each county and the19
approved agreement, as specified in subsection 4 of this section.20
4. The agreement that specifies the dut ies of each county shall contain the21
following:22
(1) The total cost of establishment and operation of the places of detention;23
(2) The prorated formula for the calculation of each county's contribution to the24
costs of a juvenile detention facility based upon a ratio of the respective populations of the25
counties;26
(3) The methods and powers that may be used for constructing, leasing, or27
financing a juvenile detention facility;28
(4) The use of the sales tax as authorized by subsection 6 of this section; and29
(5) The point of location of the place of a juvenile detention facility.30
5. Subsections 3 and 4 of section 211.331 shall apply to a juvenile detention facility31
authorized pursuant to this section. The op eration and support of a juvenile detention32
facility authorized pursuant to this section shall be regulated in accordance with the rules33
and standards of the Missouri supreme court under the governance of the presiding judge34
of the judicial circuit. If the counties of adjoining judicial circuits have authorized a35
juvenile detention facility pursuant to this section, the presiding judges shall jointly govern36
the affairs of the juvenile detention facility.37
6. (1) The counties authorizing a juvenile detention facility pursuant to this section38
may impose, by order, a sales tax up to one percent on all retail sales made in such counties39
which are subject to taxation pursuant to the provisions of sections 144.010 to 144.525 for40
the purpose of providing a juvenile detention facility. The tax authorized by this section41
shall be in addition to any and all other sales taxes allowed by law, except that no order42
imposing a sales tax pursuant to this section shall be effective unless the governing body,43
CCS SS SCS HCS HBs 2637 & 3155 29
for each county in the judicial circuit or circuits submits to the voters of the county, on any44
election date authorized in chapter 115, a proposal to authorize the governing body of the45
county to impose a tax.46
(2) The ballot of submission shall contain, but need not be limited to, the following47
language:48
Shall the (counties' names) impose a region-wide sales tax of ______49
(insert amount) for the purpose of providing a juvenile detention50
facility within the jurisdiction of (judicial circuit's name or judicial51
circuits' names)?52
9 YES53 9 NO
If you are in favor of the question, place an "X" in the box opposite54
"YES". If you are opposed to the question, place an "X" in the box55
opposite "NO".56
57
If a majority of the votes cast on the proposal by the qualified voters of the county voting58
thereon are in favor of the proposal, then the order and any amendment to such order shall59
be in effect on the first day of the second quarter immediately following the election60
approving the proposal. If the proposal receives less than the req uired majority, the61
governing body of the county shall have no power to impose the sales tax authorized62
pursuant to this section unless and until the governing body of the county shall again have63
submitted another proposal to authorize th e county commission, or authorized body, to64
impose the sales tax authorized by this section and such proposal is approved by the65
required majority of the qualified voters of the county commission, or authorized body,66
voting on such proposal; however, in no event shall a proposal pursuant to this section be67
submitted to the voters sooner than twelve months from the date of the last submission of68
a proposal pursuant to this section.69
(3) All revenue received by a county from the tax authorized pursuant to this70
section shall be deposited in a special trust fund and shall be used solely for providing a71
juvenile detention facility for children coming within the provisions of this chapter for so72
long as the tax shall remain in effect.73
(4) Once the tax authorized by this sect ion is abolished or terminated by any74
means, all funds remaining in the special trus t fund shall be used solely for providing a75
juvenile detention facility for children coming within the provisions of this chapter for the76
counties. Any funds in such special trust fund which are not needed for current77
CCS SS SCS HCS HBs 2637 & 3155 30
expenditures may be invested by the count y commission in accordance with applicable78
laws relating to the investment of other county funds.79
(5) All sales taxes collected by the director of revenue pursuant to this section on80
behalf of any county, less one percent for cost of collection which shall be deposited in the81
state's general revenue fund after payment of premiums for surety bonds as provided in82
section 32.087, shall be deposited in a special trust fund, which is hereby created, to be83
known as the "Juvenile Detention Facility Sales Tax Trust Fund". The moneys in the84
juvenile detention facility sales tax trust fund shall not be deemed to be state funds and85
shall not be commingled with any funds of th e state. The director of revenue shall keep86
accurate records of the amount of money in the trust fund which was collected in each87
county imposing a sales tax pursuant to this section, and the records shall be open to the88
inspection of officers of each member county and the public. Not later than the tenth day89
of each month the director of revenue shall distribute all moneys deposited in the trust90
fund during the preceding month to the county which levied the tax. Such funds shall be91
deposited with the treasurer of each such county, and all expenditures of funds arising92
from the juvenile detention facility sales tax trust fund shall be paid pursuant to an93
appropriation adopted by the governing body of the county. Expenditures may be made94
from the fund for the function authorized in the order adopted by the governing body of95
the county submitting the juvenile detention facility tax to the voters.96
(6) The director of revenue may make refunds from the amounts in the trust fund97
and credited to any county for erroneous payments and overpayments made, and may98
redeem dishonored checks and drafts deposited to the credit of such counties. If any99
county abolishes the tax, the governing body of the county shall notify the director of100
revenue of the action at least ninety days prior to the effective date of the repeal, and the101
director of revenue may order retention in the trust fund, for a period of one year, of two102
percent of the amount collected after receipt of such notice to cover possible refunds or103
overpayment of the tax and to redeem dishonored checks and drafts deposited to the credit104
of such accounts. After one year has elapsed after the effective date of abolition of the tax105
in such county, the director of revenue shall remit the balance in the account to the county106
and close the account of that county. The director of revenue shall notify each county in107
each instance of any amount refunded or any check redeemed from receipts due the108
county.109
(7) Except as provided in this section, all provisions of sections 32.085 and 32.087110
shall apply to the tax imposed pursuant to this section.111
[217.362. 1. The department of corrections shall design and
implement an intensive long-term program for the treatment of chronic2
nonviolent offenders with serious substance abuse addictions who have not3
CCS SS SCS HCS HBs 2637 & 3155 31
[pleaded] pled guilty to or been convicted of a dangerous felony as defined in4
section 556.061.5
2. Prior to sentencing, any judge considering an offender for this6
program shall notify the department. The potential candidate for the program7
shall be screened by the department to determine eligibility. The department8
shall, by regulation, establish eligibility criteria and inform the court of such9
criteria. The department shall notify the court as to the offender's eligibility10
and the availability of space in the program. Notwithstanding any other11
provision of law to the contrary, except as provided for in section 558.019, if12
an offender is eligible and there is adequate space, the court may sentence a13
person to the program which shall consist of institutional drug or alcohol14
treatment for a period of at least twelve and no more than twenty-four months,15
as well as a term of incarceration. The department shall determine the nature,16
intensity, duration, and completion crite ria of the education, treatment, and17
aftercare portions of any program services provided. Execution of the18
offender's term of incarceration shall be suspended pending completion of said19
program. Allocation of space in the program may be distributed by the20
department in proportion to drug arrest pa tterns in the state. If the court is21
advised that an offender is not eligible or that there is no space available, the22
court shall consider other authorized dispositions.23
3. Upon successful completion of the program, the division of24
probation and parole shall advise the sentencing court of an offender's25
probationary release date thirty days prior to release. If the court determines26
that probation is not appropriate the court may order the execution of the27
offender's sentence.28
4. If it is determined by the department that the offender has not29
successfully completed the program, or that the offender is not cooperatively30
participating in the program, the offender shall be removed from the program31
and the court shall be advised. Failure of an offender to complete the program32
shall cause the offender to serve the sentence prescribed by the court and void33
the right to be considered for probation on this sentence.34
[5. An offender's first incarceration in a department of corrections35
program pursuant to this section prior to release on probation shall not be36
considered a previous prison commitment for the purpose of determining a37
minimum prison term pursuant to the provisions of section 558.019.]]38
217.362. 1. The department of corrections shall design and implement an intensive
long-term program for the treatment of chronic nonviolent offenders with serious substance2
abuse addictions who have not [pleaded] pled guilty to or been convicted of a dangerous felony3
as defined in section 556.061.4
2. Prior to sentencing, any judge considering an offender for this program shall notify5
the department. The potential candidate for the program shall be screened by the department to6
determine eligibility. The department shall, by regulation, establish eligibility criteria and7
CCS SS SCS HCS HBs 2637 & 3155 32
inform the court of such criteri a. The department shall notify the court as to the offender's8
eligibility and the availability of space in the program. Notwithstanding any other provision of9
law to the contrary, except as provided for in section 558.019, if an offender is eligible and there10
is adequate space, the court may sentence a person to the program which shall consist of11
institutional drug or alcohol treatment for a period of at least twelve and no more than twenty-12
four months, as well as a term of incarceration. The department shall determine the nature,13
intensity, duration, and completion criteria of the education, treatment, and aftercare portions14
of any program services provided. Execution of the offender's term of incarceration shall be15
suspended pending completion of said program. Allocation of space in the program may be16
distributed by the department in proportion to drug arrest patterns in the state. If the court is17
advised that an offender is not eligible or that there is no space available, the court shall consider18
other authorized dispositions.19
3. Upon successful completion of the program, the division of probation and parole shall20
advise the sentencing court of an offender's probationary release date thirty days prior to release. 21
If the court determines that probation is not appropriate the court may order the execution of the22
offender's sentence.23
4. If it is determined by the department that the offender has not successfully completed24
the program, or that the offender is not cooperatively participating in the program, the offender25
shall be removed from the program and the court shall be advised. Failure of an offender to26
complete the program shall cause the offender to serve the sentence prescribed by the court and27
void the right to be considered for probation on this sentence.28
[5. An offender's first incarceration in a department of corrections program pursuant to29
this section prior to release on probation shall not be considered a previous prison commitment30
for the purpose of determining a minimum prison term pursuant to the provisions of section31
558.019.]32
[217.690. 1. All releases or paroles shall issue upon order of the
parole board, duly adopted.2
2. Before ordering the parole of any offender, the parole board shall3
conduct a validated risk and needs assessment and evaluate the case under the4
rules governing parole that are promulgated by the parole board. The parole5
board shall then have the offender appear before a hearing panel and shall6
conduct a personal interview with him or her, unless waived by the offender,7
or if the guidelines indicate the offender may be paroled without need for an8
interview. The guidelines and rules shall not allow for the waiver of a hearing9
if a victim requests a hearing. Th e appearance or presence may occur by10
means of a videoconference at the discretion of the parole board. A parole11
may be ordered for the best interest of society when there is a reasonable12
probability, based on the risk assessment and indicators of release readiness,13
that the person can be supervised under parole supervision and successfully14
CCS SS SCS HCS HBs 2637 & 3155 33
reintegrated into the community, not as an award of clemency; it shall not be15
considered a reduction of sentence or a pardon. Every offender while on16
parole shall remain in the legal custody of the department but shall be subject17
to the orders of the parole board.18
3. The division of probation and parole has discretionary authority to19
require the payment of a fee, not to exceed sixty dollars per month, from every20
offender placed under division supervision on probation, parole, or conditional21
release, to waive all or part of any fee, to sanction offenders for willful22
nonpayment of fees, and to contract with a private entity for fee collections23
services. All fees collected shall be deposited in the inmate fund established24
in section 217.430. Fees collected may be used to pay the costs of contracted25
collections services. The fees collect ed may otherwise be used to provide26
community corrections and intervention services for offenders. Such services27
include substance abuse assessment and treatment, mental health assessment28
and treatment, electronic monitoring services, residential facilities services,29
employment placement services, and other offender community corrections30
or intervention services designated by the division of probation and parole to31
assist offenders to successfully complete probation, parole, or conditional32
release. The division of probation and parole shall adopt rules not inconsistent33
with law, in accordance with section 217.040, with respect to sanctioning34
offenders and with respect to establishing, waiving, collecting, and using fees.35
4. The parole board shall adopt rules not inconsistent with law, in36
accordance with section 217.040, with respect to the eligibility of offenders37
for parole, the conduct of parole hearings or conditions to be imposed upon38
paroled offenders. Whenever an order for parole is issued it shall recite the39
conditions of such parole.40
5. When considering parole for an offender with consecutive41
sentences, the minimum term for eligibility for parole shall be calculated by42
adding the minimum terms for parole eligibility for each of the consecutive43
sentences, except the minimum term for parole eligibility shall not exceed the44
minimum term for parole eligibility for an ordinary life sentence.45
6. Any offender sentenced to a term of imprisonment amounting to46
fifteen years or more or multiple terms of imprisonment that, taken together,47
amount to fifteen or more years who was under eighteen years of age at the48
time of the commission of the offense or offenses may be eligible for parole49
after serving fifteen years of incarceration, regardless of whether the case is50
final for the purposes of appeal, and may be eligible for reconsideration51
hearings in accordance with regulations promulgated by the parole board.52
7. The provisions of subsection 6 of this section shall not apply to an53
offender found guilty of capital murder, murder in the first degree or murder54
in the second degree, when murder in the second degree is committed55
pursuant to subdivision (1) of subsection 1 of section 565.021, who was under56
eighteen years of age when the offender committed the offense or offenses57
who may be found ineligible for parole or whose parole eligibility may be58
CCS SS SCS HCS HBs 2637 & 3155 34
controlled by section 558.047 or 565.033.59
8. Any offender under a sentence for first degree murder who has been60
denied release on parole after a parole hearing shall not be eligible for another61
parole hearing until at least three years from the month of the parole denial;62
however, this subsection shall not prevent a release pursuant to subsection [4]63
7 of section 558.011.64
9. A victim who has requested an opportunity to be heard shall receive65
notice that the parole board is conducting an assessment of the offender's risk66
and readiness for release and that the victim's input will be particularly helpful67
when it pertains to safety concerns and specific protective measures that may68
be beneficial to the victim should the offender be granted release.69
10. Parole hearings shall, at a minimum, contain the following70
procedures:71
(1) The victim or person representing the victim who attends a hearing72
may be accompanied by one other person;73
(2) The victim or person representing the victim who attends a hearing74
shall have the option of giving testimony in the presence of the inmate or to75
the hearing panel without the inmate being present;76
(3) The victim or person representing the victim may call or write the77
parole board rather than attend the hearing;78
(4) The victim or person representing the victim may have a personal79
meeting with a parole board member at the parole board's central office;80
(5) The judge, prosecuting attorney or circuit attorney and a81
representative of the local law enforcement agency investigating the crime82
shall be allowed to attend the hearing or provide information to the hearing83
panel in regard to the parole consideration; and84
(6) The parole board shall evaluate information listed in the juvenile85
sex offender registry pursuant to section 211.425, provided the offender is86
between the ages of seventeen and twenty-one, as it impacts the safety of the87
community.88
11. The parole board shall notify any person of the results of a parole89
eligibility hearing if the person indicates to the parole board a desire to be90
notified.91
12. The parole board may, at its discretion, require any offender92
seeking parole to meet certain conditions during the term of that parole so93
long as said conditions are not illega l or impossible for the offender to94
perform. These conditions may include an amount of restitution to the state95
for the cost of that offender's incarceration.96
13. Special parole conditions shall be responsive to the assessed risk97
and needs of the offender or the need for extraordinary supervision, such as98
electronic monitoring. The parole board shall adopt rules to minimize the99
conditions placed on low-risk cases, to frontload conditions upon release, and100
to require the modification and reduction of conditions based on the person's101
continuing stability in the community. Parole board rules shall permit parole102
CCS SS SCS HCS HBs 2637 & 3155 35
conditions to be modified by parole officers with review and approval by103
supervisors.104
14. Nothing contained in this section shall be construed to require the105
release of an offender on parole nor to reduce the sentence of an offender106
heretofore committed.107
15. Beginning January 1, 2001, the parole board shall not order a108
parole unless the offender has obtained a high school diploma or its109
equivalent, or unless the parole board is satisfied that the offender, while110
committed to the custody of the department, has made an honest good-faith111
effort to obtain a high school diploma or its equivalent; provided that the112
director may waive this requirement by certifying in writing to the parole113
board that the offender has actively participated in mandatory education114
programs or is academically unable to obtain a high school diploma or its115
equivalent.116
16. Any rule or portion of a rule, as that term is defined in section117
536.010, that is created under the authority delegated in this section shall118
become effective only if it complies with and is subject to all of the provisions119
of chapter 536 and, if applicable, section 536.028. This section and chapter120
536 are nonseverable and if any of the powers vested with the general121
assembly pursuant to chapter 536 to review, to delay the effective date, or to122
disapprove and annul a rule are subsequently held unconstitutional, then the123
grant of rulemaking authority and any rule proposed or adopted after August124
28, 2005, shall be invalid and void.125
17. When concurrent sentences are imposed by a court, the person126
shall serve the minimum required p ercentage for the longest sentence127
prior to parole eligibility.]128
217.690. 1. All releases or paroles shall issue upon order of the parole board, duly
adopted.2
2. Before ordering the parole of any offender, the parole board shall conduct a validated3
risk and needs assessment and evaluate the case under the rules governing parole that are4
promulgated by the parole board. The parole board shall then have the offender appear before5
a hearing panel and shall conduct a personal interview with him or her, unless waived by the6
offender, or if the guidelines indicate the offender may be paroled without need for an interview. 7
The guidelines and rules shall not allow for the waiver of a hearing if a victim requests a hearing. 8
The appearance or presence may occur by means of a videoconference at the discretion of the9
parole board. A parole may be ordered for the best interest of society when there is a reasonable10
probability, based on the risk assessment and indicators of release readiness, that the person can11
be supervised under parole supervision and successfully reintegrated into the community, not12
as an award of clemency; it shall not be considered a reduction of sentence or a pardon. Every13
offender while on parole shall remain in the legal custody of the department but shall be subject14
to the orders of the parole board.15
CCS SS SCS HCS HBs 2637 & 3155 36
3. The division of probation and parole has discretionary authority to require the16
payment of a fee, not to exceed sixty dollars per month, from every offender placed under17
division supervision on probation, parole, or conditional release, to waive all or part of any fee,18
to sanction offenders for willful nonpayment of fees, and to contract with a private entity for fee19
collections services. All fees collected sha ll be deposited in the inmate fund established in20
section 217.430. Fees collected may be used to pay the costs of contracted collections services. 21
The fees collected may otherwise be used to provide community corrections and intervention22
services for offenders. Such services include substance abuse assessment and treatment, mental23
health assessment and treatment, electronic monitoring services, residential facilities services,24
employment placement services, and other offender community corrections or intervention25
services designated by the division of probation a nd parole to assist offenders to successfully26
complete probation, parole, or conditional release. The division of probation and parole shall27
adopt rules not inconsistent with law, in accordance with section 217.040, with respect to28
sanctioning offenders and with respect to establishing, waiving, collecting, and using fees.29
4. The parole board shall adopt rules not inconsistent with law, in accordance with30
section 217.040, with respect to the eligibility of offenders for parole, the conduct of parole31
hearings or conditions to be imposed upon paroled offenders. Whenever an order for parole is32
issued it shall recite the conditions of such parole.33
5. When considering parole for an offender with consecutive sentences, the minimum34
term for eligibility for parole shall be cal culated by adding the mi nimum terms for parole35
eligibility for each of the consecutive sentences, except the minimum term for parole eligibility36
shall not exceed the minimum term for parole eligibility for an ordinary life sentence.37
6. Any offender sentenced to a term of imprisonment amounting to fifteen years or more38
or multiple terms of imprisonment that, taken together, amount to fifteen or more years who was39
under eighteen years of age at the time of the commission of the offense or offenses may be40
eligible for parole after serving fifteen years of incarceration, regardless of whether the case is41
final for the purposes of appeal, and may be eligible for reconsideration hearings in accordance42
with regulations promulgated by the parole board.43
7. The provisions of subsection 6 of this section shall not apply to an offender found44
guilty of capital murder, murder in the first degree or murder in the second degree, when murder45
in the second degree is committed pursuant to subdivision (1) of subsection 1 of section 565.021,46
who was under eighteen years of age when the offender committed the offense or offenses who47
may be found ineligible for parole or whose parole eligibility may be controlled by section48
558.047 or 565.033.49
8. Any offender under a sentence for first degree murder who has been denied release50
on parole after a parole hearing shall not be eligible for another parole hearing until at least three51
CCS SS SCS HCS HBs 2637 & 3155 37
years from the month of the parole denial; however, this subsection shall not prevent a release52
pursuant to subsection [4] 7 of section 558.011.53
9. A victim who has requested an opportunity to be heard shall receive notice that the54
parole board is conducting an assessment of the offender's risk and readiness for release and that55
the victim's input will be particularly helpful when it pertains to safety concerns and specific56
protective measures that may be beneficial to the victim should the offender be granted release.57
10. Parole hearings shall, at a minimum, contain the following procedures:58
(1) The victim or person representing the victim who attends a hearing may be59
accompanied by one other person;60
(2) The victim or person representing the victim who attends a hearing shall have the61
option of giving testimony in the presence of the inmate or to the hearing panel without the62
inmate being present;63
(3) The victim or person representing the victim may call or write the parole board rather64
than attend the hearing;65
(4) The victim or person representing the victim may have a personal meeting with a66
parole board member at the parole board's central office;67
(5) The judge, prosecuting attorney or circuit attorney and a representative of the local68
law enforcement agency investigating the crime shall be allowed to attend the hearing or provide69
information to the hearing panel in regard to the parole consideration; and70
(6) The parole board shall evaluate information listed in the juvenile sex offender71
registry pursuant to section 211.425, provided the offender is between the ages of seventeen and72
twenty-one, as it impacts the safety of the community.73
11. The parole board shall notify any person of the results of a parole eligibility hearing74
if the person indicates to the parole board a desire to be notified.75
12. The parole board may, at its discretion, require any offender seeking parole to meet76
certain conditions during the term of that paro le so long as said conditions are not illegal or77
impossible for the offender to perform. These conditions may include an amount of restitution78
to the state for the cost of that offender's incarceration.79
13. Special parole conditions shall be responsive to the assessed risk and needs of the80
offender or the need for extraordinary supervision, such as electronic monitoring. The parole81
board shall adopt rules to minimize the conditions placed on low-risk cases, to frontload82
conditions upon release, and to require the modification and reduction of conditions based on83
the person's continuing stability in the commun ity. Parole board rules shall permit parole84
conditions to be modified by parole officers with review and approval by supervisors.85
14. Nothing contained in this section shall be construed to require the release of an86
offender on parole nor to reduce the sentence of an offender heretofore committed.87
CCS SS SCS HCS HBs 2637 & 3155 38
15. Beginning January 1, 2001, the parole board shall not order a parole unless the88
offender has obtained a high school diploma or its equivalent, or unless the parole board is89
satisfied that the offender, while committed to the custody of the department, has made an honest90
good-faith effort to obtain a high school diploma or its equivalent; provided that the director may91
waive this requirement by certifying in writing to the parole board that the offender has actively92
participated in mandatory education programs or is academically unable to obtain a high school93
diploma or its equivalent.94
16. Any rule or portion of a rule, as that term is defined in section 536.010, that is95
created under the authority delegated in this section shall become effective only if it complies96
with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. 97
This section and chapter 536 are nonseverable and if any of the powers vested with the general98
assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and99
annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and100
any rule proposed or adopted after August 28, 2005, shall be invalid and void.101
17. When concurrent sentences are imposed by a court, the person shall serve the102
minimum required percentage for the longest sentence prior to parole eligibility.103
[217.760. 1. In all felony cases and class A misdemeanor cases, the104
basis of which misdemeanor cases are contained in chapters 565 and 566 and105
section 577.023, at the request of a [circuit] sentencing judge of any circuit106
court, the division of probation and parole shall assign one or more state107
probation and parole officers to make an investigation of the person convicted108
of the crime or offense before sentence is imposed. In all felony cases in109
which the recommended sentence established by the sentencing advisory110
commission pursuant to subsection [7] 1 of section 558.019 includes probation111
but the recommendation of the prosecuting attorney or circuit attorney does112
not include probation, the division of probation and parole shall, prior to113
sentencing, provide the judge with a report on available alternatives to114
incarceration. If a presentence investigation report is completed then the115
available alternatives shall be included in the presentence investigation report.116
2. The report of the presentence investigation or preparole117
investigation shall contain any prior criminal record of the defendant and such118
information about his or her characteristics, his or her financial condition, his119
or her social history, the circumstances affecting his or her behavior as may120
be helpful in imposing sentence or in granting probation or in the correctional121
treatment of the defendant, information concerning the impact of the crime122
upon the victim, the recommended sentence established by the sentencing123
advisory commission and available alternatives to incarceration including124
opportunities for restorative justice, as well as a recommendation by the125
probation and parole officer. The officer shall secure such other information126
as may be required by the court and, whenever it is practicable and needed,127
CCS SS SCS HCS HBs 2637 & 3155 39
such investigation shall include a physical and mental examination of the128
defendant.]129
217.760. 1. In all felony cases and class A misdemeanor cases, the basis of which
misdemeanor cases are contained in chapters 565 and 566 and section 577.023, at the request2
of a [circuit] sentencing judge of any circuit court, the division of probation and parole shall3
assign one or more state probation and parole o fficers to make an investigation of the person4
convicted of the crime or offense before sentence is imposed. In all felony cases in which the5
recommended sentence established by the sentencing advisory commission pursuant to6
subsection [7] 1 of section 558.019 includes probation but the recommendation of the7
prosecuting attorney or circuit attorney does not include probation, the division of probation and8
parole shall, prior to sentencing, provide the judge with a report on available alternatives to9
incarceration. If a presentence investigation report is completed then the available alternatives10
shall be included in the presentence investigation report.11
2. The report of the presentence investigation or preparole investigation shall contain12
any prior criminal record of the defendant and such information about his or her characteristics,13
his or her financial condition, his or her social history, the circumstances affecting his or her14
behavior as may be helpful in imposing sentence or in granting probation or in the correctional15
treatment of the defendant, information concerning the impact of the crime upon the victim, the16
recommended sentence established by the sentencing advisory commission and available17
alternatives to incarceration including opportunities for restorative justice, as well as a18
recommendation by the probation and parole officer. The officer shall secure such other19
information as may be required by the court and, whenever it is practicable and needed, such20
investigation shall include a physical and mental examination of the defendant.21
455.050. 1. Any full or ex parte order of protection granted pursuant to sections 455.010
to 455.085 shall be to protect the petitioner from cyberstalking, domestic violence, stalking, or2
sexual assault and may include such terms as the court reasonably deems necessary to ensure3
the petitioner's safety, including but not limited to:4
(1) Temporarily enjoining the respondent from committing or threatening to commit5
cyberstalking, domestic violence, molesting, stalking, sexual assault, or disturbing the peace6
of the petitioner, including violence against a pet;7
(2) Temporarily enjoining the respondent from entering the premises of the dwelling unit8
of the petitioner when the dwelling unit is:9
(a) Jointly owned, leased or rented or jointly occupied by both parties; or10
(b) Owned, leased, rented or occupied by petitioner individually; or11
(c) Jointly owned, leased, rented or occupied by petitioner and a person other than12
respondent; provided, however, no spouse shall be denied relief pursuant to this section by13
reason of the absence of a property interest in the dwelling unit; or14
CCS SS SCS HCS HBs 2637 & 3155 40
(d) Jointly occupied by the petitioner and a person other than respondent; provided that15
the respondent has no property interest in the dwelling unit; or16
(3) Temporarily enjoining the respondent from communicating with the petitioner in any17
manner or through any medium.18
2. Mutual orders of protection are prohib ited unless both parties have properly filed19
written petitions and proper serv ice has been made in accordance with sections 455.010 to20
455.085.21
3. When the court has, after a hearing for any full order of protection, issued an order22
of protection, it may, in addition:23
(1) Award custody of any minor child born to or adopted by the parties when the court24
has jurisdiction over such child and no prior order regarding custody is pending or has been25
made, and the best interests of the child require such order be issued;26
(2) Establish a visitation schedule that is in the best interests of the child;27
(3) Award child support in accordance with supreme court rule 88.01 and chapter 452;28
(4) Award maintenance to petitioner when petitioner and respondent are lawfully29
married in accordance with chapter 452;30
(5) Order respondent to make or to continue to make rent or mortgage payments on a31
residence occupied by the petitioner if the respondent is found to have a duty to support the32
petitioner or other dependent household members;33
(6) Order the respondent to pay the petitioner' s rent at a residence other than the one34
previously shared by the parties if the respondent is found to have a duty to support the35
petitioner and the petitioner requests alternative housing;36
(7) Order that the petitioner be given temporary possession of specified personal37
property, such as automobiles, checkbooks, keys, and other personal effects;38
(8) Prohibit the respondent from transferring, encumbering, or otherwise disposing of39
specified property mutually owned or leased by the parties;40
(9) Order the respondent to participate in a court-approved counseling program designed41
to help batterers stop violent behavior or to participate in a substance abuse treatment program;42
(10) Order the respondent to pay a reasonable fee for housing and other services that43
have been provided or that are being provide d to the petitioner by a shelter for victims of44
domestic violence;45
(11) Order the respondent to pay court costs;46
(12) Order the respondent to pay the cost of medical treatment and services that have47
been provided or that are being provided to the petitioner as a result of injuries sustained to the48
petitioner by an act of domestic violence committed by the respondent;49
(13) Award possession and care of any pet, along with any moneys necessary to cover50
medical costs that may have resulted from abuse of the pet.51
CCS SS SCS HCS HBs 2637 & 3155 41
4. A verified petition seeking orders for maintenance, support, custody, visitation,52
payment of rent, payment of monetary compensation, possession of personal property,53
prohibiting the transfer, encumbrance, or dispos al of property, or payment for services of a54
shelter for victims of domestic violence, shall contain allegations relating to those orders and55
shall pray for the orders desired.56
5. In making an award of custody, the court shall consider all relevant factors including57
the presumption that the best interests of the child will be served by placing the child in the58
custody and care of the nonabusive parent, unle ss there is evidence that both parents have59
engaged in abusive behavior, in which case the court shall not consider this presumption but may60
appoint a guardian ad litem or a court-appointed special advocate to represent the children in61
accordance with chapter 452 and shall consider all other factors in accordance with chapter 452.62
6. The court shall grant to the noncustodial parent rights to visitation with any minor63
child born to or adopted by the parties, unless the court finds, after hearing, that visitation would64
endanger the child's physical health, impair the child's emotional development or would65
otherwise conflict with the best interests of the child, or that no visitation can be arranged which66
would sufficiently protect the custodial parent from further domestic violence. The court may67
appoint a guardian ad litem or court-appointed special advocate to represent the minor child in68
accordance with chapter 452 whenever the custodial parent alleges that visitation with the69
noncustodial parent will damage the minor child.70
7. The court shall make an order requiring the noncustodial party to pay an amount71
reasonable and necessary for the support of any child to whom the party owes a duty of support72
when no prior order of support is outstanding and after all relevant factors have been considered,73
in accordance with Missouri supreme court rule 88.01 and chapter 452.74
8. The court may grant a maintenance order to a party for a period of time, not to exceed75
one hundred eighty days. Any maintenance ordered by the court shall be in accordance with76
chapter 452.77
9. (1) The court may, in order to ensure that a petitioner can maintain an existing78
wireless telephone number or numbers, issue an order, after notice and an opportunity to be79
heard, directing a wireless service provider to transfer the billing responsibility for and rights80
to the wireless telephone number or numbers to the petitioner, if the petitioner is not the wireless81
service accountholder.82
(2) (a) The order transferring billing responsibility for and rights to the wireless83
telephone number or numbers to the petitioner shall list the name and billing telephone number84
of the accountholder, the name and contact in formation of the person to whom the telephone85
number or numbers will be transferred, and each telephone number to be transferred to that86
person. The court shall ensure that the contact information of the petitioner is not provided to87
the accountholder in proceedings held under this chapter.88
CCS SS SCS HCS HBs 2637 & 3155 42
(b) Upon issuance, a copy of the full order of protection shall be transmitted, either89
electronically or by certified mail, to the wireless service provider's registered agent listed with90
the secretary of state, or electronically to the email address provided by the wireless service91
provider. Such transm ittal shall constitute adequate notice for the wireless service provider92
acting under this section and section 455.523.93
(c) If the wireless service provider cannot operationally or technically effectuate the94
order due to certain circumstances, the wireless service provider shall notify the petitioner within95
three business days. Such circumstances shall include, but not be limited to, the following:96
a. The accountholder has already terminated the account;97
b. The differences in network technology prevent the functionality of a device on the98
network; or99
c. There are geographic or other limitations on network or service availability.100
(3) (a) Upon transfer of billing responsibility for and rights to a wireless telephone101
number or numbers to the petitioner under this subsection by a wireless service provider, the102
petitioner shall assume all financial responsibility for the transferred wireless telephone number103
or numbers, monthly service costs, and costs for any mobile device associated with the wireless104
telephone number or numbers.105
(b) This section shall not preclude a wireless service provider from applying any routine106
and customary requirements for account establishment to the petitioner as part of this transfer107
of billing responsibility for a wireless telephone number or numbers and any devices attached108
to that number or numbers including, but not limited to, identification, financial information, and109
customer preferences.110
(4) This section shall not affect the ability of the court to apportion the assets and debts111
of the parties as provided for in law, or the ability to determine the temporary use, possession,112
and control of personal property.113
(5) No cause of action shall lie against any wireless service provider, its officers,114
employees, or agents, for actions taken in acco rdance with the terms of a court order issued115
under this section.116
(6) As used in this section and section 455.523, a "wireless service provider" means a117
provider of commercial mobile service under Section 332(d) of the Federal118
[Telecommunications Act of 1996] Communications Act of 1934 (47 U.S.C. Section [151, et119
seq.] 332).120
455.098. 1. Upon the request of the victim or the prosecuting or circuit attorney,
a court shall have jurisdiction at the time of sentencing to enter a lifetime protection order2
restraining or enjoining the defendant from contacting the victim if the defendant has been3
found guilty of a dangerous felony, as defined in section 556.061. The protection order4
shall be effective immediately and shall be served on the defendant at the time of5
CCS SS SCS HCS HBs 2637 & 3155 43
sentencing. An order issued pursuant to this section shall not expire and is valid for the6
defendant's lifetime unless:7
(1) The defendant makes a showing to the court that the victim has died or the8
conviction has been dismissed, expunged, or overturned or the defendant has been9
pardoned; or10
(2) The victim submits a written request to the court for an early expiration upon11
which the court may hold a hearing to terminate the order.12
2. A copy of any order of protection granted pursuant to this section shall be issued13
to the victim and to the local law enforcement agency in the jurisdiction where the victim14
resides. The court shall provide all necessary information, including the defendant's15
relationship to the victim, for entry of the order of protection into the Missouri Uniform16
Law Enforcement System (MULES) and the National Crime Information Center (NCIC). 17
Upon receiving the order under this subsectio n, the sheriff shall make the entry into18
MULES within twenty-four hours. MULES shall forward the order information to NCIC,19
which will in turn make the order viewab le within the National Instant Criminal20
Background Check System (NICS). The sheriff shall enter information contained in the21
order, including, but not limited to, any orders regarding child custody or visitation and22
all specifics as to times and dates of custody or visitation that are provided in the order. 23
A notice of termination of any order of pr otection or any change in child custody or24
visitation within that order shall be issued to the local law enforcement agency for entry25
into MULES or any other comparable la w enforcement system. The information26
contained in an order of protection may be entered into MULES or any other comparable27
law enforcement system using a direct automated data transfer from the court automated28
system to the law enforcement system.29
527.270. 1. Hereafter every person desiring to change his or her name may present a
petition to that effect, verified by affidavit, to the circuit court in the county of the petitioner's2
residence, which petition shall set forth the petitioner's full name, the new name desired, and a3
concise statement of the reason for such desired change; and it shall be the duty of the judge of4
such court to order such change to be made, and spread upon the records of the court, in proper5
form, if such judge is satisfied that the desired change would be proper and not detrimental to6
the interests of any other person.7
2. Notwithstanding subsection 1 of this section, no person required to register8
under sections 589.400 to 589.425 shall change his or her name for the period of time he9
or she is required to register on the registry.10
544.667. In addition to the forfeiture of any security which was given or pledged
for a person's release, any person who, having been released upon a recognizance or bond2
pursuant to any other provisions of law while pending preliminary hearing, trial,3
CCS SS SCS HCS HBs 2637 & 3155 44
sentencing, appeal, probation or parole revocation, or any other stage of a criminal matter4
against him or her, knowingly violates any co ndition of release that imposes no contact5
with specific individuals shall be guilty of a class A misdemeanor.6
556.061. In this code, unless the context requires a different definition, the following
terms shall mean:2
(1) "Access", to instruct, communicate with, store data in, retrieve or extract data from,3
or otherwise make any use of any resources of, a computer, computer system, or computer4
network;5
(2) "Affirmative defense":6
(a) The defense referred to is not submitted to the trier of fact unless supported by7
evidence; and8
(b) If the defense is subm itted to the trier of fact the defendant has the burden of9
persuasion that the defense is more probably true than not;10
(3) "Burden of injecting the issue":11
(a) The issue referred to is not submitted to the trier of fact unless supported by12
evidence; and13
(b) If the issue is submitted to the trier of fact any reasonable doubt on the issue requires14
a finding for the defendant on that issue;15
(4) "Commercial film and photographic print processor", any person who develops16
exposed photographic film into negatives, slides or prints, or who makes prints from negatives17
or slides, for compensation. The term commercial film and photographic print processor shall18
include all employees of such persons but shall not include a person who develops film or makes19
prints for a public agency;20
(5) "Computer", the box that houses the central processing unit (CPU), along with any21
internal storage devices, such as internal hard drives, and internal communication devices, such22
as internal modems capable of sending or receiving [electronic mail] email or fax cards, along23
with any other hardware stored or housed internally. Thus, computer refers to hardware,24
software and data contained in the main unit. Printers, external modems attached by cable to the25
main unit, monitors, and other external attachments will be referred to collectively as peripherals26
and discussed individually when appropriate. When the computer and all peripherals are27
referred to as a package, the term "computer sy stem" is used. Information refers to all the28
information on a computer system including both software applications and data;29
(6) "Computer equipment", computers, terminals, data storage devices, and all other30
computer hardware associated with a computer system or network;31
(7) "Computer hardware", all equipment which can collect, analyze, create, display,32
convert, store, conceal or transmit electronic, magnetic, optical or similar computer impulses or33
data. Hardware includes, but is not limited to, any data processing devices, such as central34
CCS SS SCS HCS HBs 2637 & 3155 45
processing units, memory typewriters and self-contained laptop or notebook computers; internal35
and peripheral storage devices, transistor-like binary devices and other memory storage devices,36
such as floppy disks, removable disks, compact disks, digital video disks, magnetic tape, hard37
drive, optical disks and digital memory; local area networks, such as two or more computers38
connected together to a central computer server via cable or modem; peripheral input or output39
devices, such as keyboards, printers, scanners, plotters, video display monitors and optical40
readers; and related communication devices, such as modems, cables and connections, recording41
equipment, RAM or ROM units, acoustic coupl ers, automatic dialers, speed dialers,42
programmable telephone dialing or signaling devices and electronic tone-generating devices; as43
well as any devices, mechanisms or parts that can be used to restrict access to computer44
hardware, such as physical keys and locks;45
(8) "Computer network", two or more interconnected computers or computer systems;46
(9) "Computer program", a set of instructions, statements, or related data that directs or47
is intended to direct a computer to perform certain functions;48
(10) "Computer software", digital information which can be interpreted by a computer49
and any of its related components to direct the way they work. Software is stored in electronic,50
magnetic, optical or other digital form. The term commonly includes programs to run operating51
systems and applications, such as word processing, graphic, or spreadsheet programs, utilities,52
compilers, interpreters and communications programs;53
(11) "Computer-related documentation", written, recorded, printed or electronically54
stored material which explains or illustrates how to configure or use computer hardware,55
software or other related items;56
(12) "Computer system", a set of related, connected or unconnected, computer57
equipment, data, or software;58
(13) "Confinement":59
(a) A person is in confinement when such person is held in a place of confinement60
pursuant to arrest or order of a court, and remains in confinement until:61
a. A court orders the person's release; or62
b. The person is released on bail, bond, or recognizance, personal or otherwise; or63
c. A public servant having the legal power and duty to confine the person authorizes his64
release without guard and without condition that he return to confinement;65
(b) A person is not in confinement if:66
a. The person is on probation or parole, temporary or otherwise; or67
b. The person is under sentence to serve a term of confinement which is not continuous,68
or is serving a sentence under a work-release program, and in either such case is not being held69
in a place of confinement or is not being held under guard by a person having the legal power70
and duty to transport the person to or from a place of confinement;71
CCS SS SCS HCS HBs 2637 & 3155 46
(14) "Consent": consent or lack of consent may be expressed or implied. Assent does72
not constitute consent if:73
(a) It is given by a person who lacks the mental capacity to authorize the conduct74
charged to constitute the offense and such mental incapacity is manifest or known to the actor;75
or76
(b) It is given by a person who by reason of youth, mental disease or defect, intoxication,77
a drug-induced state, or any other reason is manifestly unable or known by the actor to be unable78
to make a reasonable judgment as to the nature or harmfulness of the conduct charged to79
constitute the offense; or80
(c) It is induced by force, duress or deception;81
(15) "Controlled substance", a drug, substance, or immediate precursor in Schedules I82
through V as defined in chapter 195;83
(16) "Criminal negligence", failure to be aware of a substantial and unjustifiable risk that84
circumstances exist or a result will follow, and such failure constitutes a gross deviation from85
the standard of care which a reasonable person would exercise in the situation;86
(17) "Custody", a person is in custody when he or she has been arrested but has not been87
delivered to a place of confinement;88
(18) "Damage", when used in relation to a computer system or network, means any89
alteration, deletion, or destruction of any part of the computer system or network;90
(19) "Dangerous felony", the felonies [of] requiring eighty-five percent of the91
imposed sentence to be served prior to parole eligibility, which are arson in the first degree,92
assault in the first degree, attempted rape in the first degree if physical injury results, attempted93
forcible rape if physical injury results, attempted sodomy in the first degree if physical injury94
results, attempted forcible sodomy if physical inju ry results, rape in the first degree, forcible95
rape, sodomy in the first degree, forcible sodomy, assault in the second degree if the victim of96
such assault is a special victim as defined in subdivision (14) of section 565.002, kidnapping in97
the first degree, kidnapping, murder in the second degree, assault of a law enforcement officer98
in the first degree, domestic assault in the first degree, elder abuse in the first degree, robbery99
in the first degree, armed criminal action, conspiracy to commit an offense when the offense is100
a dangerous felony, vehicle hijacking when punished as a class A felony, statutory rape in the101
first degree [when the victim is a child less than twelve years of age at the time of the102
commission of the act giving rise to the offense], statutory sodomy in the first degree [when the103
victim is a child less than twelve years of age at the time of the commission of the act giving rise104
to the offense], child molestation in the first or second degree, abuse of a child if the child dies105
as a result of injuries sustained from conduct chargeable under section 568.060, child106
kidnapping, parental kidnapping committed by detaining or concealing the whereabouts of the107
child for not less than one hundred twenty days under section 565.153, bus hijacking when108
CCS SS SCS HCS HBs 2637 & 3155 47
punished as a class A felony, planting a bomb or explosive in or near a bus or terminal, [and]109
an "intoxication-related traffic offense" or "intoxication-related boating offense" if the person110
is found to be a "habitual offender" or "habitual boating offender" as such terms are defined in111
section 577.001, abuse through forced labor when punished under subsection 4 of section112
566.203, trafficking for the purposes of slavery, involuntary servitude, peonage, or forced113
labor or the attempt of such when punished under subsection 4 of section 566.206,114
trafficking for the purposes of sexual exploitation or the attempt of such when the offense115
was effected by force, abduction, or coercion, sexual trafficking of a child in the first116
degree, sexual trafficking of a child in the second degree, a third violation of failure to117
register as a sexual offender, and endangering the welfare of a child in the first degree118
when punished under section 568.045;119
(20) "Dangerous instrument", any instrument, article or substance, which, under the120
circumstances in which it is used, is readily capable of causing death or other serious physical121
injury;122
(21) "Data", a representation of information, facts, knowledge, concepts, or instructions123
prepared in a formalized or other manner a nd intended for use in a computer or computer124
network. Data may be in any form including, but not limited to, printouts, microfiche, magnetic125
storage media, punched cards and as may be stored in the memory of a computer;126
(22) "Deadly weapon", any firearm, loaded or unloaded, or any weapon from which a127
shot, readily capable of producing death or seri ous physical injury, may be discharged, or a128
switchblade knife, dagger, billy club, blackjack or metal knuckles;129
(23) "Digital camera", a camera that record s images in a format which enables the130
images to be downloaded into a computer;131
(24) "Disability", a mental, physical, or de velopmental impairment that substantially132
limits one or more major life activities or the ability to provide adequa tely for one's care or133
protection, whether the impairment is congen ital or acquired by accident, injury or disease,134
where such impairment is verified by medical findings;135
(25) "Elderly person", a person sixty years of age or older;136
(26) "Felony", an offense so designated or an offense for which persons found guilty137
thereof may be sentenced to death or imprisonment for a term of more than one year;138
(27) "Forcible compulsion" either:139
(a) Physical force that overcomes reasonable resistance; or140
(b) A threat, express or implied, that places a person in reasonable fear of death, serious141
physical injury or kidnapping of such person or another person;142
(28) "Incapacitated", a temporary or permanent physical or mental condition in which143
a person is unconscious, unable to appraise the nature of his or her conduct, or unable to144
communicate unwillingness to an act;145
CCS SS SCS HCS HBs 2637 & 3155 48
(29) "Infraction", a violation defined by this code or by any other statute of this state if146
it is so designated or if no sentence other than a fine, or fine and forfeiture or other civil penalty,147
is authorized upon conviction;148
(30) "Inhabitable structure", a vehicle, vessel or structure:149
(a) Where any person lives or carries on business or other calling; or150
(b) Where people assemble for purposes of business, government, education, religion,151
entertainment, or public transportation; or152
(c) Which is used for overnight accommodation of persons.153
154
Any such vehicle, vessel, or structure is inhabitable regardless of whether a person is actually155
present. If a building or structure is divided into separately occupied units, any unit not occupied156
by the actor is an inhabitable structure of another;157
(31) "Knowingly", when used with respect to:158
(a) Conduct or attendant circumstances, means a person is aware of the nature of his or159
her conduct or that those circumstances exist; or160
(b) A result of conduct, means a person is aware that his or her conduct is practically161
certain to cause that result;162
(32) "Law enforcement officer", any public servant having both the power and duty to163
make arrests for violations of the laws of this state, and federal law enforcement officers164
authorized to carry firearms and to make arrests for violations of the laws of the United States;165
(33) "Misdemeanor", an offense so desi gnated or an offense for which persons found166
guilty thereof may be sentenced to imprisonment for a term of which the maximum is one year167
or less;168
(34) "Of another", property that any entity, including but not limited to any natural169
person, corporation, limited liability company, partnership, association, governmental170
subdivision or instrumentality, other than the actor, has a possessory or proprietary interest171
therein, except that property shall not be deemed property of another who has only a security172
interest therein, even if legal title is in the cr editor pursuant to a conditional sales contract or173
other security arrangement;174
(35) "Offense", any felony or misdemeanor;175
(36) "Physical injury", slight impairment of any function of the body or temporary loss176
of use of any part of the body;177
(37) "Place of confinement", any building or facility and the grounds thereof wherein178
a court is legally authorized to order that a person charged with or convicted of a crime be held;179
(38) "Possess" or "possessed", having actual or constructive possession of an object with180
knowledge of its presence. A person has actual possession if such person has the object on his181
or her person or within easy reach and convenient control. A person has constructive possession182
CCS SS SCS HCS HBs 2637 & 3155 49
if such person has the power and the intention at a given time to exercise dominion or control183
over the object either directly or through another person or persons. Possession may also be sole184
or joint. If one person alone has possession of an object, possession is sole. If two or more185
persons share possession of an object, possession is joint;186
(39) "Property", anything of value, whether real or personal, tangible or intangible, in187
possession or in action;188
(40) "Public servant", any person employed in any way by a government of this state189
who is compensated by the government by reason of such person's employment, any person190
appointed to a position with any government of this state, or any person elected to a position191
with any government of this state. It includes, but is not limited to, legislators, jurors, members192
of the judiciary and law enforcement officers. It does not include witnesses;193
(41) "Purposely", when used with respect to a person's conduct or to a result thereof,194
means when it is his or her conscious object to engage in that conduct or to cause that result;195
(42) "Recklessly", consciously disregarding a substantial and unjustifiable risk that196
circumstances exist or that a result will follow, and such disregard constitutes a gross deviation197
from the standard of care which a reasonable person would exercise in the situation;198
(43) "Serious emotional injury", an injury that creates a substantial risk of temporary or199
permanent medical or psychological damage, manifested by impairment of a behavioral,200
cognitive or physical condition. Serious emotional injury shall be established by testimony of201
qualified experts upon the reasonable expectation of probable harm to a reasonable degree of202
medical or psychological certainty;203
(44) "Serious physical injury", physical injury that creates a substantial risk of death or204
that causes serious disfigurement or protracted loss or impairment of the function of any part of205
the body;206
(45) "Services", when used in relation to a computer system or network, means use of207
a computer, computer system, or computer network and includes, but is not limited to, computer208
time, data processing, and storage or retrieval functions;209
(46) "Sexual orientation", male or female heterosexuality, homosexuality or bisexuality210
by inclination, practice, identity or expression, or having a self-image or identity not traditionally211
associated with one's gender;212
(47) "Vehicle", a self-propelled mechanical device designed to carry a person or persons,213
excluding vessels or aircraft;214
(48) "Vessel", any boat or craft propelled by a motor or by machinery, whether or not215
such motor or machinery is a principal source of propulsion used or capable of being used as a216
means of transportation on water, or any boat or craft more than twelve feet in length which is217
powered by sail alone or by a combination of sail and machinery, and used or capable of being218
CCS SS SCS HCS HBs 2637 & 3155 50
used as a means of transportation on water, but not any boat or craft having, as the only means219
of propulsion, a paddle or oars;220
(49) "Voluntary act":221
(a) A bodily movement performed while conscious as a result of effort or determination. 222
Possession is a voluntary act if the possessor knowingly procures or receives the thing223
possessed, or having acquired control of it was aware of his or her control for a sufficient time224
to have enabled him or her to dispose of it or terminate his or her control; or225
(b) An omission to perform an act of which the actor is physically capable. A person226
is not guilty of an offense based solely upon an omission to perform an act unless the law227
defining the offense expressly so provides, or a duty to perform the omitted act is otherwise228
imposed by law;229
(50) "Vulnerable person", any person in the custody, care, or control of the department230
of mental health who is receiving services from an operated, funded, licensed, or certified231
program.232
[557.011. 1. Every person found guilty of an offense shall be dealt
with by the court in accordance with the provisions of this chapter, except that2
for offenses defined outside this code and not repealed, the term of3
imprisonment or the fine that may be imposed is that provided in the statute4
defining the offense; however, the conditional release term of any sentence of5
a term of years shall be determined as provided in subsection [4] 7 of section6
558.011.7
2. Whenever any person has been found guilty of a felony or a8
misdemeanor the court shall make one or more of the following dispositions9
of the offender in any appropriate combination. The court may:10
(1) Sentence the person to a term of imprisonment as authorized by11
chapter 558;12
(2) Sentence the person to pay a fine as authorized by chapter 560;13
(3) Suspend the imposition of sent ence, with or without placing the14
person on probation;15
(4) Pronounce sentence and suspend its execution, placing the person16
on probation;17
(5) Impose a period of detention as a condition of probation, as18
authorized by section 559.026.19
3. Whenever any person has been found guilty of an infraction, the20
court shall make one or more of the following dispositions of the offender in21
any appropriate combination. The court may:22
(1) Sentence the person to pay a fine as authorized by chapter 560;23
(2) Suspend the imposition of sentence, with or without placing the24
person on probation;25
(3) Pronounce sentence and suspend its execution, placing the person26
on probation.27
CCS SS SCS HCS HBs 2637 & 3155 51
4. Whenever any organization has been found guilty of an offense, the28
court shall make one or more of the following dispositions of the organization29
in any appropriate combination. The court may:30
(1) Sentence the organization to pay a fine as authorized by chapter31
560;32
(2) Suspend the imposition of sent ence, with or without placing the33
organization on probation;34
(3) Pronounce sentence and suspend its execution, placing the35
organization on probation;36
(4) Impose any special sentence or sanction authorized by law.37
5. This chapter shall not be construed to deprive the court of any38
authority conferred by law to decree a forfeiture of property, suspend or39
cancel a license, remove a person from office, or impose any other civil40
penalty. An appropriate order exercising such authority may be included as41
part of any sentence.42
6. In the event a sentence of confinement is ordered executed, a court43
may order that an individual serve all or any portion of such sentence on44
electronic monitoring; except that all costs associated with the electronic45
monitoring shall be charged to the person on house arrest. If the judge finds46
the person unable to afford the costs associated with electronic monitoring, the47
judge may order that the person be placed on house arrest with electronic48
monitoring if the county commission agrees to pay the costs of such49
monitoring. If the person on house arrest is unable to afford the costs50
associated with electronic monitoring and the county commission does not51
agree to pay from the general revenue of the county the costs of such52
electronic monitoring, the judge shall not order that the person be placed on53
house arrest with electronic monitoring.]54
557.011. 1. Every person found guilty of an offense shall be dealt with by the court in
accordance with the provisions of this chapter, except that for offenses defined outside this code2
and not repealed, the term of imprisonment or the fine that may be imposed is that provided in3
the statute defining the offense; however, the conditional release term of any sentence of a term4
of years shall be determined as provided in subsection [4] 7 of section 558.011.5
2. Whenever any person has been found guilty of a felony or a misdemeanor the court6
shall make one or more of the following di spositions of the offender in any appropriate7
combination. The court may:8
(1) Sentence the person to a term of imprisonment as authorized by chapter 558;9
(2) Sentence the person to pay a fine as authorized by chapter 560;10
(3) Suspend the imposition of sentence, with or without placing the person on probation;11
(4) Pronounce sentence and suspend its execution, placing the person on probation;12
(5) Impose a period of detention as a cond ition of probation, as authorized by section13
559.026.14
CCS SS SCS HCS HBs 2637 & 3155 52
3. Whenever any person has been found guilty of an infraction, the court shall make one15
or more of the following dispositions of the offender in any appropriate combination. The court16
may:17
(1) Sentence the person to pay a fine as authorized by chapter 560;18
(2) Suspend the imposition of sentence, with or without placing the person on probation;19
(3) Pronounce sentence and suspend its execution, placing the person on probation.20
4. Whenever any organization has been found guilty of an offense, the court shall make21
one or more of the following dispositions of the organization in any appropriate combination. 22
The court may:23
(1) Sentence the organization to pay a fine as authorized by chapter 560;24
(2) Suspend the imposition of sentence, with or without placing the organization on25
probation;26
(3) Pronounce sentence and suspend its execution, placing the organization on27
probation;28
(4) Impose any special sentence or sanction authorized by law.29
5. This chapter shall not be construed to deprive the court of any authority conferred by30
law to decree a forfeiture of property, suspend or cancel a license, remove a person from office,31
or impose any other civil penalty. An appropriate order exercising such authority may be32
included as part of any sentence.33
6. In the event a sentence of confinement is ordered executed, a court may order that an34
individual serve all or any portion of such sentence on electronic monitoring; except that all35
costs associated with the electronic monitoring shall be charged to the person on house arrest. 36
If the judge finds the person unable to afford the costs associated with electronic monitoring, the37
judge may order that the person be placed on house arrest with electronic monitoring if the38
county commission agrees to pay the costs of such monitoring. If the person on house arrest is39
unable to afford the costs associated with electronic monitoring and the county commission does40
not agree to pay from the general revenue of the county the costs of such electronic monitoring,41
the judge shall not order that the person be placed on house arrest with electronic monitoring.42
[557.021. 1. Any offense defined outside this code [which] that is
declared to be a misdemeanor without specification of the penalty therefor is2
a class A misdemeanor.3
2. Any offense defined outside this code [which] that is declared to4
be a felony without specification of the penalty therefor is a class E felony5
and subject to the terms as provided in chapter 558.6
3. For the purpose of applying the extended term provisions of section7
558.016 [and the minimum prison term provisions of] , the parole eligibility8
provisions pursuant to section [558.019] 558.011 and for determining the9
penalty for attempts, offenses defined outside of this code shall be classified10
CCS SS SCS HCS HBs 2637 & 3155 53
as follows:11
(1) If the offense is a felony:12
(a) It is a class A felony if the authorized penalty includes death, life13
imprisonment or imprisonment for a term of twenty years or more;14
(b) It is a class B felony if the maximum term of imprisonment15
authorized exceeds ten years but is less than twenty years;16
(c) It is a class C felony if the maximum term of imprisonment17
authorized is ten years;18
(d) It is a class D felony if the maximum term of imprisonment19
exceeds four years but is less than ten years;20
(e) It is a class E felony if the maximum term of imprisonment is four21
years or less;22
(2) If the offense is a misdemeanor:23
(a) It is a class A misdemeanor if the authorized imprisonment24
exceeds six months in jail;25
(b) It is a class B misdemeanor if the authorized imprisonment26
exceeds thirty days but is not more than six months;27
(c) It is a class C misdemeanor if the authorized imprisonment is thirty28
days or less;29
(d) It is a class D misdemeanor if it includes a mental state as an30
element of the offense and there is no authorized imprisonment;31
(e) It is an infraction if there is no authorized imprisonment.]32
557.021. 1. Any offense defined outside this code [which] that is declared to be a
misdemeanor without specification of the penalty therefor is a class A misdemeanor.2
2. Any offense defined outside this code [which] that is declared to be a felony without3
specification of the penalty therefor is a class E felony and subject to the terms as provided4
in chapter 558.5
3. For the purpose of applying the extended term provisions of section 558.016 [and the6
minimum prison term provisions of ], the parole eligibilit y provisions pursuant to section7
[558.019] 558.011 and for determining the penalty for attempts, offenses defined outside of this8
code shall be classified as follows:9
(1) If the offense is a felony:10
(a) It is a class A felony if the authorized penalty includes death, life imprisonment or11
imprisonment for a term of twenty years or more;12
(b) It is a class B felony if the maximum term of imprisonment authorized exceeds ten13
years but is less than twenty years;14
(c) It is a class C felony if the maximum term of imprisonment authorized is ten years;15
(d) It is a class D felony if the maximum term of imprisonment exceeds four years but16
is less than ten years;17
(e) It is a class E felony if the maximum term of imprisonment is four years or less;18
CCS SS SCS HCS HBs 2637 & 3155 54
(2) If the offense is a misdemeanor:19
(a) It is a class A misdemeanor if the authorized imprisonment exceeds six months in20
jail;21
(b) It is a class B misdemeanor if the authorized imprisonment exceeds thirty days but22
is not more than six months;23
(c) It is a class C misdemeanor if the authorized imprisonment is thirty days or less;24
(d) It is a class D misdemeanor if it includes a mental state as an element of the offense25
and there is no authorized imprisonment;26
(e) It is an infraction if there is no authorized imprisonment.27
[558.011. 1. The authorized terms of imprisonment, including both
prison and conditional release terms, for all offenses are as follows:2
(1) For a class A felony, a term of years not less than ten years and not3
to exceed thirty years, or life imprisonment , for which an offender shall4
serve seventy percent of the imposed sentence prior to parole eligibility;5
(2) For a class B felony, a term of years not less than five years and6
not to exceed fifteen years, for which an offender shall serve fifty percent7
of the imposed sentence prior to parole eligibility;8
(3) For a class C felony, a term of years not less than three years and9
not to exceed ten years, for which an offender shall serve:10
(a) Forty percent of the impo sed sentence prior to parole11
eligibility for an offense under chapters 566, 568, and 573 that requires12
registration as a sex offender under chapter 589;13
(b) Thirty percent of the imposed sentence prior to parole14
eligibility for a first offense other than an offense under paragraph (a) of15
this subdivision;16
(c) Thirty-five percent of the imposed sentence prior to parole17
eligibility for a second offense other than an offense under paragraph (a)18
of this subdivision;19
(d) Fifty percent of the imposed sentence prior to parole eligibility20
for a third or subsequent offense other than an offense under paragraph21
(a) of this subdivision;22
(4) For a class D felony, a term of years not to exceed seven years, for23
which an offender shall serve:24
(a) Twenty-five percent of the imposed sentence prior to parole25
eligibility for an offense under chapters 566, 568, and 573 that requires26
registration as a sex offender under chapter 589;27
(b) Twenty percent of the im posed sentence prior to parole28
eligibility for a first offense other than an offense under paragraph (a) of29
this subdivision;30
(c) Twenty-five percent of the imposed sentence prior to parole31
eligibility for a second offense other than an offense under paragraph (a)32
of this subdivision;33
CCS SS SCS HCS HBs 2637 & 3155 55
(d) Fifty percent of the imposed sentence prior to parole eligibility34
for a third or subsequent offense other than an offense under paragraph35
(a) of this subdivision;36
(5) For a class E felony, a term of years not to exceed four years, for37
which an offender shall serve:38
(a) Twenty-five percent of the im posed sentence prior to parole39
eligibility for an offense under chapters 566, 568, and 573 that requires40
registration as a sex offender under chapter 589;41
(b) Fifteen percent of the imposed sentence prior to parole42
eligibility for a first offense other than an offense under paragraph (a) of43
this subdivision;44
(c) Twenty percent of the imposed sentence prior to parole45
eligibility for a second offense other than an offense under paragraph (a)46
of this subdivision;47
(d) Fifty percent of the imposed sentence prior to parole eligibility48
for a third or subsequent offense other than an offense under paragraph49
(a) of this subdivision;50
(6) For a class A misdemeanor, a term not to exceed one year;51
(7) For a class B misdemeanor, a term not to exceed six months;52
(8) For a class C misdemeanor, a term not to exceed fifteen days.53
2. When a person is sentenced to the authorized term of54
imprisonment for a higher class than the offense for which the person was55
found guilty under sections 558.016, 565.079, and 579.170, the person56
shall also be sentenced to the paro le eligibility percentage of the higher57
class.58
3. The authorized terms of imprisonment under subsections 1 and59
2 of this section shall apply to all offenses, except if the terms for parole60
eligibility otherwise provided by statute result in a higher parole61
eligibility percentage, in which case the statute resulting in the higher62
parole eligibility percentage shall apply.63
4. The authorized terms of imprisonment under subsection 1 of64
this section shall not apply to any offense where a suspended imposition65
of sentence is imposed or where th e matter is referred to an adult66
treatment court as provided in chapter 478.67
5. In cases of class D and E felonies, the court shall have discretion68
to imprison for a special term not to exceed one year in the county jail or other69
authorized penal institution, and the place of confinement shall be fixed by the70
court. If the court imposes a sentence of imprisonment for a term longer than71
one year upon a person convicted of a class D or E felony, it shall commit the72
person to the custody of the department of corrections.73
[3.] 6. (1) When a regular sentence of imprisonment for a felony is74
imposed, the court shall commit the person to the custody of the department75
of corrections for the term imposed under section 557.036, or until released76
under procedures established elsewhere by law.77
CCS SS SCS HCS HBs 2637 & 3155 56
(2) A sentence of imprisonment for a misdemeanor shall be for a78
definite term and the court shall commit the person to the county jail or other79
authorized penal institution for the term of his or her sentence or until released80
under procedure established elsewhere by law.81
[4.] 7. (1) Except as otherwise provided, a sentence of imprisonment82
for a term of years for felonies other than dangerous felonies as defined in83
section 556.061, and other than sentences of imprisonment which involve the84
individual's fourth or subsequent remand to the department of corrections shall85
consist of a prison term and a conditional release term. The conditional86
release term of any term imposed under section 557.036 shall be:87
(a) One-third for terms of nine years or less; 88
(b) Three years for terms between nine and fifteen years; 89
(c) Five years for terms more than fifteen years; and the prison term90
shall be the remainder of such term. The prison term may be extended by the91
parole board pursuant to subsection [5] 8 of this section. 92
(2) "Conditional release" means the conditional discharge of an93
offender by the parole board, subject to conditions of release that the parole94
board deems reasonable to assist the offender to lead a law-abiding life, and95
subject to the supervision under the division of probation and parole. The96
conditions of release shall include avoidance by the offender of any other97
offense, federal or state, and other conditions that the parole board in its98
discretion deems reasonably necessary to assist the releasee in avoiding99
further violation of the law. 100
[5.] 8. The date of conditional release from the prison term may be101
extended up to a maximum of the entire sentence of imprisonment by the102
parole board. The director of any di vision of the department of corrections103
except the division of probation and parole may file with the parole board a104
petition to extend the conditional release date when an offender fails to follow105
the rules and regulations of the division or commits an act in violation of such106
rules. Within ten working days of receipt of the petition to extend the107
conditional release date, the parole board shall convene a hearing on the108
petition. The offender shall be present and may call witnesses in his or her109
behalf and cross-examine witnesses a ppearing against the offender. The110
hearing shall be conducted as provided in section 217.670. If the violation111
occurs in close proximity to the conditional release date, the conditional112
release may be held for a maximum of fifteen working days to permit113
necessary time for the division director to file a petition for an extension with114
the parole board and for the parole board to conduct a hearing, provided some115
affirmative manifestation of an intent to extend the conditional release has116
occurred prior to the conditional release date. If at the end of a fifteen-117
working-day period a parole board decision has not been reached, the offender118
shall be released conditionally. The decision of the parole board shall be final.119
9. Any person who commits a class A or B felony or an offense120
under chapters 566, 568, and 573 that requires registration as a sex121
CCS SS SCS HCS HBs 2637 & 3155 57
offender under chapter 589, on or after January 1, 2028, shall not be122
eligible for conditional release for that offense.123
10. Notwithstanding any other provision of law to the contrary,124
any offender who has been found guilty of a dangerous felony as defined125
in section 556.061 and is committed to the department of corrections shall126
be required to serve eighty-five p ercent of the sentence imposed by the127
court prior to parole eligibility.128
11. For the purpose of determining the minimum time required129
to be served by the offender before he or she is eligib le for parole, the130
following calculations shall apply:131
(1) A sentence of life shall be calculated to be thirty years; and132
(2) Any sentence either alone or in the aggregate with other133
consecutive sentences for offenses committed at or near the same time134
that is over seventy-five years shall be calculated to be seventy-five years.135
12. When consecutive sentences are imposed by a court, the136
minimum percentage for each respective felony shall be met prior to137
parole eligibility.138
13. When concurrent sentences are imposed by a court, the person139
shall serve the minimum required percentage for the longest sentence140
prior to parole eligibility.]141
558.011. 1. The authorized terms of imprisonment, including both prison and
conditional release terms, for all offenses are as follows:2
(1) For a class A felony, a term of years not less than ten years and not to exceed thirty3
years, or life imprisonment, for which an offender shall serve seventy percent of the imposed4
sentence prior to parole eligibility;5
(2) For a class B felony, a term of years not less than five years and not to exceed fifteen6
years, for which an offender shall serve fifty percent of the imposed sentence prior to7
parole eligibility;8
(3) For a class C felony, a term of years not less than three years and not to exceed ten9
years, for which an offender shall serve:10
(a) Forty percent of the imposed sentence prior to parole eligibility for a conviction11
under chapter 566, 568, or 573 that requires registration as a sex offender under chapter12
589;13
(b) Thirty percent of the imposed senten ce prior to parole eligibility for a first14
conviction other than an offense under paragraph (a) of this subdivision;15
(c) Thirty-five percent of the imposed sentence prior to parole eligibility for a16
second conviction other than an offense under paragraph (a) of this subdivision;17
(d) Fifty percent of the im posed sentence prior to parole eligibility for a third or18
subsequent conviction other than an offense under paragraph (a) of this subdivision;19
CCS SS SCS HCS HBs 2637 & 3155 58
(4) For a class D felony, a term of years not to exceed seven years , for which an20
offender shall serve:21
(a) Twenty-five percent of the imposed se ntence prior to parole eligibility for a22
conviction under chapter 566, 568, or 573 that requires registration as a sex offender under23
chapter 589;24
(b) Twenty percent of the imposed senten ce prior to parole eligibility for a first25
conviction other than an offense under paragraph (a) of this subdivision;26
(c) Twenty-five percent of the imposed se ntence prior to parole eligibility for a27
second conviction other than an offense under paragraph (a) of this subdivision;28
(d) Fifty percent of the imposed sentence prior to parole eligibility for a third or29
subsequent conviction other than an offense under paragraph (a) of this subdivision;30
(5) For a class E felony, a term of years not to exceed four years, for which an offender31
shall serve:32
(a) Twenty-five percent of the imposed se ntence prior to parole eligibility for a33
conviction under chapter 566, 568, or 573 that requires registration as a sex offender under34
chapter 589;35
(b) Fifteen percent of the imposed senten ce prior to parole e ligibility for a first36
conviction other than an offense under paragraph (a) of this subdivision;37
(c) Twenty percent of the imposed sentence prior to parole eligibility for a second38
conviction other than an offense under paragraph (a) of this subdivision;39
(d) Fifty percent of the imposed sentence prior to parole eligibility for a third or40
subsequent conviction other than an offense under paragraph (a) of this subdivision;41
(6) For a class A misdemeanor, a term not to exceed one year;42
(7) For a class B misdemeanor, a term not to exceed six months;43
(8) For a class C misdemeanor, a term not to exceed fifteen days.44
2. When a person is sentenced to the authorized term of imprisonment for a higher45
class than the offense for which the person was found guilty under section 558.016, 565.079,46
or 579.170, the person sha ll also be sentenced to the parole eligibility percentage of the47
higher class.48
3. The authorized terms of imprisonment under subsections 1 and 2 of this section49
shall apply to all offenses, except if the terms for parole eligibility otherwise provided by50
statute result in a higher parole eligibility percentage, in which case the statute resulting51
in the higher parole eligibility percentage shall apply.52
4. The authorized terms of imprisonment under subsection 1 of this section shall53
not apply to any offense where a suspended imposition of sentence is imposed or where the54
matter is referred to an adult treatment court as provided in chapter 478.55
CCS SS SCS HCS HBs 2637 & 3155 59
5. In cases of class D and E felonies, the court shall have discretion to imprison for a56
special term not to exceed one year in the county jail or other authorized penal institution, and57
the place of confinement shall be fixed by the court. If the court imposes a sentence of58
imprisonment for a term longer than one year upon a person convicted of a class D or E felony,59
it shall commit the person to the custody of the department of corrections.60
[3.] 6. (1) When a regular sentence of imprisonment for a felony is imposed, the court61
shall commit the person to the custody of the de partment of corrections for the term imposed62
under section 557.036, or until released under procedures established elsewhere by law.63
(2) A sentence of imprisonment for a misdemeanor shall be for a definite term and the64
court shall commit the person to the county jail or other authorized penal institution for the term65
of his or her sentence or until released under procedure established elsewhere by law.66
[4.] 7. (1) Except as otherwise provided, a sentence of imprisonment for a term of years67
for felonies other than dangerous felonies as defined in section 556.061, and other than sentences68
of imprisonment which involve the individual's fourth or subsequent remand to the department69
of corrections shall consist of a prison term and a conditional release term. The conditional70
release term of any term imposed under section 557.036 shall be:71
(a) One-third for terms of nine years or less; 72
(b) Three years for terms between nine and fifteen years; 73
(c) Five years for terms more than fifteen years; and the prison term shall be the74
remainder of such term. The prison term may be extended by the parole board pursuant to75
subsection [5] 8 of this section. 76
(2) "Conditional release" means the conditional discharge of an offender by the parole77
board, subject to conditions of release that th e parole board deems reasonable to assist the78
offender to lead a law-abiding life, and subject to the supervision under the division of probation79
and parole. The conditions of release shall include avoidance by the offender of any other80
offense, federal or state, and other conditions that the parole board in its discretion deems81
reasonably necessary to assist the releasee in avoiding further violation of the law. 82
[5.] 8. The date of conditional release from the prison term may be extended up to a83
maximum of the entire sentence of imprisonment by the parole board. The director of any84
division of the department of corrections except the division of probation and parole may file85
with the parole board a petition to extend the conditional release date when an offender fails to86
follow the rules and regulations of the division or commits an act in violation of such rules. 87
Within ten working days of receipt of the pe tition to extend the conditional release date, the88
parole board shall convene a hearing on the petition. The offender shall be present and may call89
witnesses in his or her behalf and cross-examine witnesses appearing against the offender. The90
hearing shall be conducted as provided in section 217.670. If the violation occurs in close91
CCS SS SCS HCS HBs 2637 & 3155 60
proximity to the conditional release date, the conditional release may be held for a maximum of92
fifteen working days to permit necessary time for the division director to file a petition for an93
extension with the parole board and for the parole board to conduct a hearing, provided some94
affirmative manifestation of an intent to extend the conditional release has occurred prior to the95
conditional release date. If at the end of a fifteen-working-day period a parole board decision96
has not been reached, the offender shall be released conditionally. The decision of the parole97
board shall be final.98
9. Any person who commits a class A or B felony or an offense under chapter 566,99
568, or 573 that requires registration as a sex offender under chapter 589, on or after100
January 1, 2028, shall not be eligible for conditional release for that offense.101
10. Notwithstanding any other provision of law to the contrary, any offender who102
has been found guilty of a dangerous felony as defined in section 556.061 and is committed103
to the department of corrections shall be required to serve eighty-five percent of the104
sentence imposed by the court prior to parole eligibility.105
11. For the purpose of determining the minimum time required to be served by the106
offender before he or she is eligible for parole, the following calculations shall apply:107
(1) A sentence of life shall be calculated to be thirty years; and108
(2) Any sentence either alone or in the aggregate with other consecutive sentences109
for offenses committed at or near the same time that is over seventy-five years shall be110
calculated to be seventy-five years.111
12. When consecutive sentences are imposed by a court, the minimum percentage112
for each respective felony shall be met prior to parole eligibility.113
13. When concurrent sentences are imposed by a court, the person shall serve the114
minimum required percentage for the longest sentence prior to parole eligibility.115
558.016. 1. The court may sentence a person who has been found guilty of an offense
to a term of imprisonment as authorized by section 558.011 or to a term of imprisonment2
authorized by a statute governing the offense if it finds the defendant is a prior offender or a3
persistent misdemeanor offender. The court [may] shall sentence a person to an extended term4
of imprisonment if:5
(1) The defendant is a persistent offender or a dangerous offender, and the person is6
sentenced under subsection 7 of this section;7
(2) The statute under which the person was found guilty contains a sentencing8
enhancement provision that is based on a prior finding of guilt or a finding of prior criminal9
conduct and the person is sentenced according to the statute; or10
(3) A more specific sentencing enhancement provision applies that is based on a prior11
finding of guilt or a finding of prior criminal conduct.12
CCS SS SCS HCS HBs 2637 & 3155 61
2. A "prior offender" is one who has been found guilty of one felony.13
3. A "persistent offender" is one who has been found guilty of two or more felonies14
committed at different times, or one who has been previously found guilty of a dangerous felony15
as defined in subdivision (19) of section 556.061.16
4. A "dangerous offender" is one who:17
(1) Is being sentenced for a felony dur ing the commission of which he knowingly18
murdered or endangered or threatened the lif e of another person or knowingly inflicted or19
attempted or threatened to inflict serious physical injury on another person; and20
(2) Has been found guilty of a class A or B felony or a dangerous felony.21
5. A "persistent misdemeanor offender" is one who has been found guilty of two or more22
offenses, committed at different times that are classified as A or B misdemeanors under the laws23
of this state.24
6. The findings of guilt shall be prior to the date of commission of the present offense.25
7. The court shall sentence a person, who has been found to be a persistent offender or26
a dangerous offender, and is found guilty of a class B, C, D, or E felony to the authorized term27
of imprisonment for the offense that is one class higher than the offense for which the person is28
found guilty.29
[558.019. 1. [This section shall not be construed to affect the powers
of the governor under Article IV, S ection 7, of the Missouri Constitution. 2
This statute shall not affect those provisions of section 565.020 or section3
566.125, which set minimum terms of sentences, or the provisions of section4
559.115, relating to probation.5
2. The provisions of subsections 2 to 5 of this section shall only be6
applicable to the offenses contained in sections 565.021, 565.023, 565.024,7
565.027, 565.050, 565.052, 565.054, 56 5.072, 565.073, 565.074, 565.090,8
565.110, 565.115, 565.120, 565.153, 565.156, 565.225, 565.300, 566.030,9
566.031, 566.032, 566.034, 566.060, 566.061, 566.062, 566.064, 566.067,10
566.068, 566.069, 566.071, 566.083, 566.086, 566.100, 566.101, 566.103,11
566.111, 566.115, 566.145, 566.151, 566.153, 566.203, 566.206, 566.209,12
566.210, 566.211, 566.215, 568.030, 568.045, 568.060, 568.065, 568.175,13
569.040, 569.160, 570.023, 570.025, 570.030 when punished as a class A, B,14
or C felony, 570.145 when punished as a class A or B felony, 570.223 when15
punished as a class B or C felony, 571.020, 571.030, 571.070, 573.023,16
573.025, 573.035, 573.037, 573.200, 573.205, 574.070, 574.080, 574.115,17
575.030, 575.150, 575.153, 575.1 55, 575.157, 575.200 when punished as a18
class A felony, 575.210, 575.230 when punished as a class B felony, 575.24019
when punished as a class B felony, 576.070, 576.080, 577.010, 577.013,20
577.078, 577.703, 577.706, 579.065, and 579.068 when punished as a class21
A or B felony. For the purposes of this section, "prison commitment" means22
and is the receipt by the department of corrections of an offender after23
CCS SS SCS HCS HBs 2637 & 3155 62
sentencing. For purposes of this section, prior prison commitments to the24
department of corrections shall not include an offender's first incarceration25
prior to release on probation under section 217.362 or 559.115. Other26
provisions of the law to the contrary notwithstanding, any offender who has27
been found guilty of a felony other than a dangerous felony as defined in28
section 556.061 and is committed to the department of corrections shall be29
required to serve the following minimum prison terms:30
(1) If the offender has one previous prison commitment to the31
department of corrections for a felony offense, the minimum prison term32
which the offender must serve shall be forty percent of his or her sentence or33
until the offender attains seventy years of age, and has served at least thirty34
percent of the sentence imposed, whichever occurs first;35
(2) If the offender has two previous prison commitments to the36
department of corrections for felonies unrelated to the present offense, the37
minimum prison term which the offender must serve shall be fifty percent of38
his or her sentence or until the offender attains seventy years of age, and has39
served at least forty percent of the sentence imposed, whichever occurs first;40
(3) If the offender has three or more previous prison commitments to41
the department of corrections for felonies unrelated to the present offense, the42
minimum prison term which the offender must serve shall be eighty percent43
of his or her sentence or until the offender attains seventy years of age, and44
has served at least forty percent of the sentence imposed, whichever occurs45
first.46
3. Other provisions of the law to the contrary notwithstanding, any47
offender who has been found guilty of a dangerous felony as defined in48
section 556.061 and is committed to the department of corrections shall be49
required to serve a minimum prison term of eighty-five percent of the sentence50
imposed by the court or until the offender attains seventy years of age, and has51
served at least forty percent of the sentence imposed, whichever occurs first.52
4. For the purpose of determining the minimum prison term to be53
served, the following calculations shall apply:54
(1) A sentence of life shall be calculated to be thirty years;55
(2) Any sentence either alone or in the aggregate with other56
consecutive sentences for offenses committed at or near the same time which57
is over seventy-five years shall be calculated to be seventy-five years.58
5. For purposes of this section, the term "minimum prison term" shall59
mean time required to be served by the offender before he or she is eligible for60
parole, conditional release or other early release by the department of61
corrections.62
6. An offender who was convicted of, or pled guilty to, a felony63
offense other than those offenses listed in subsection 2 of this section prior to64
August 28, 2019, shall no longer be subject to the minimum prison term65
provisions under subsection 2 of this section, and shall be eligible for parole,66
conditional release, or other early release by the department of corrections67
CCS SS SCS HCS HBs 2637 & 3155 63
according to the rules and regulations of the department.68
7.] (1) A sentencing advisory commission is hereby created to consist69
of eleven members. One member shall be appointed by the speaker of the70
house. One member shall be appointed by the president pro tem of the senate. 71
One member shall be the director of the department of corrections. Six72
members shall be appointed by and serve at the pleasure of the governor from73
among the following: the public defender commission; private citizens; a74
private member of the Missouri Bar; the board of probation and parole; and75
a prosecutor. Two members shall be appointed by the supreme court, one76
from a metropolitan area and one from a rural area. All members shall be77
appointed to a four-year term. A ll members of the sentencing commission78
appointed prior to August 28, 1994, shall continue to serve on the sentencing79
advisory commission at the pleasure of the governor.80
(2) The commission shall study sentencing practices in the circuit81
courts throughout the state for the purpose of determining whether and to what82
extent disparities exist among the various circuit courts with respect to the83
length of sentences imposed and the use of probation for offenders convicted84
of the same or similar offenses and with similar criminal histories. The85
commission shall also study and examine whether and to what extent86
sentencing disparity among economic and social classes exists in relation to87
the sentence of death and if so, the reasons therefor, if sentences are88
comparable to other states, if the length of the sentence is appropriate, and the89
rate of rehabilitation based on sentence. It shall compile statistics, examine90
cases, draw conclusions, and perform other duties relevant to the research and91
investigation of disparities in death penalty sentencing among economic and92
social classes.93
(3) The commission shall study alternative sentences, prison work94
programs, work release, home-based incarceration, probation and parole95
options, and any other programs and report the feasibility of these options in96
Missouri.97
(4) The governor shall select a chairperson who shall call meetings of98
the commission as required or permitted pursuant to the purpose of the99
sentencing commission.100
(5) The members of the commission shall not receive compensation101
for their duties on the commission, but shall be reimbursed for actual and102
necessary expenses incurred in the performance of these duties and for which103
they are not reimbursed by reason of their other paid positions.104
(6) The circuit and associate circuit courts of this state, the office of105
the state courts administrator, the department of public safety, and the106
department of corrections shall cooperate with the commission by providing107
information or access to information needed by the commission. The office108
of the state courts administrator will provide needed staffing resources.109
[8.] 2. Courts shall retain discretion to lower or exceed the sentence110
recommended by the commission as otherwise allowable by law, and to order111
CCS SS SCS HCS HBs 2637 & 3155 64
restorative justice methods, when applicable.112
[9.] 3. If the imposition or execution of a sentence is suspended, the113
court may order any or all of the following restorative justice methods, or any114
other method that the court finds just or appropriate:115
(1) Restitution to any victim or a statutorily created fund for costs116
incurred as a result of the offender's actions;117
(2) Offender treatment programs;118
(3) Mandatory community service;119
(4) Work release programs in local facilities; and120
(5) Community-based residential and nonresidential programs.121
[10.] 4. Pursuant to subdivision (1) of subsection [9] 3 of this section,122
the court may order the assessment and payment of a designated amount of123
restitution to a county law enforcement restitution fund established by the124
county commission pursuant to section 50.565. Such contribution shall not125
exceed three hundred dollars for any charged offense. Any restitution moneys126
deposited into the county law enforcement restitution fund pursuant to this127
section shall only be expended pursuant to the provisions of section 50.565.128
[11.] 5. A judge may order payment to a restitution fund only if such129
fund had been created by ordinance or resolution of a county of the state of130
Missouri prior to sentencing. A judge shall not have any direct supervisory131
authority or administrative control over any fund to which the judge is132
ordering a person to make payment.133
[12.] 6. A person who fails to make a payment to a county law134
enforcement restitution fund may not have his or her probation revoked solely135
for failing to make such payment unless the judge, after evidentiary hearing,136
makes a finding supported by a preponderance of the evidence that the person137
either willfully refused to make the payment or that the person willfully,138
intentionally, and purposefully failed to make sufficient bona fide efforts to139
acquire the resources to pay.140
[13.] 7. Nothing in this section shall be construed to allow the141
sentencing advisory commission to issue recommended sentences in specific142
cases pending in the courts of this state.]143
558.019. 1. [This section shall not be construed to affect the powers of the governor
under Article IV, Section 7, of the Missouri Cons titution. This statute shall not affect those2
provisions of section 565.020 or section 566.125, which set minimum terms of sentences, or the3
provisions of section 559.115, relating to probation.4
2. The provisions of subsections 2 to 5 of th is section shall only be applicable to the5
offenses contained in sections 565.021, 565.023, 565.024, 565.027, 565.050, 565.052, 565.054,6
565.072, 565.073, 565.074, 565.090, 565.110, 565.115, 565.120, 565.153, 565.156, 565.225,7
565.300, 566.030, 566.031, 566.032, 566.034, 566.060, 566.061, 566.062, 566.064, 566.067,8
566.068, 566.069, 566.071, 566.083, 566.086, 566.100, 566.101, 566.103, 566.111, 566.115,9
CCS SS SCS HCS HBs 2637 & 3155 65
566.145, 566.151, 566.153, 566.203, 566.206, 566.209, 566.210, 566.211, 566.215, 568.030,10
568.045, 568.060, 568.065, 568.175, 569.040, 569.160, 570.023, 570.025, 570.030 when11
punished as a class A, B, or C felony, 570.145 when punished as a class A or B felony, 570.22312
when punished as a class B or C felony, 571.020, 571.030, 571.070, 573.023, 573.025, 573.035,13
573.037, 573.200, 573.205, 574.070, 574.080, 574.115, 575.030, 575.150, 575.153, 575.155,14
575.157, 575.200 when punished as a class A felony, 575.210, 575.230 when punished as a class15
B felony, 575.240 when punished as a class B felony, 576.070, 576.080, 577.010, 577.013,16
577.078, 577.703, 577.706, 579.065, and 579.068 when punished as a class A or B felony. For17
the purposes of this section, "prison commitment" means and is the receipt by the department18
of corrections of an offender after sentenci ng. For purposes of this section, prior prison19
commitments to the department of corrections shall not include an offender's first incarceration20
prior to release on probation under section 217.362 or 559.115. Other provisions of the law to21
the contrary notwithstanding, any offender who has been found guilty of a felony other than a22
dangerous felony as defined in section 556.061 and is committed to the department of23
corrections shall be required to serve the following minimum prison terms:24
(1) If the offender has one previous prison commitment to the department of corrections25
for a felony offense, the minimum prison term which the offender must serve shall be forty26
percent of his or her sentence or until the offender attains seventy years of age, and has served27
at least thirty percent of the sentence imposed, whichever occurs first;28
(2) If the offender has two previous prison commitments to the department of corrections29
for felonies unrelated to the present offense, the minimum prison term which the offender must30
serve shall be fifty percent of his or her sentence or until the offender attains seventy years of31
age, and has served at least forty percent of the sentence imposed, whichever occurs first;32
(3) If the offender has three or more previous prison commitments to the department of33
corrections for felonies unrelated to the present offense, the minimum prison term which the34
offender must serve shall be eighty percent of his or her sentence or until the offender attains35
seventy years of age, and has served at least forty percent of the sentence imposed, whichever36
occurs first.37
3. Other provisions of the law to the c ontrary notwithstanding, any offender who has38
been found guilty of a dangerous felony as defined in section 556.061 and is committed to the39
department of corrections shall be required to serve a minimum prison term of eighty-five40
percent of the sentence imposed by the court or until the offender attains seventy years of age,41
and has served at least forty percent of the sentence imposed, whichever occurs first.42
4. For the purpose of determining the minimum prison term to be served, the following43
calculations shall apply:44
(1) A sentence of life shall be calculated to be thirty years;45
CCS SS SCS HCS HBs 2637 & 3155 66
(2) Any sentence either alone or in the aggregate with other consecutive sentences for46
offenses committed at or near the same time which is over seventy-five years shall be calculated47
to be seventy-five years.48
5. For purposes of this section, the term "minimum prison term" shall mean time49
required to be served by the offender before he or she is eligible for parole, conditional release50
or other early release by the department of corrections.51
6. An offender who was convicted of, or pled guilty to, a felony offense other than those52
offenses listed in subsection 2 of this section prior to August 28, 2019, shall no longer be subject53
to the minimum prison term provisions under subsection 2 of this section, and shall be eligible54
for parole, conditional release, or other early release by the department of corrections according55
to the rules and regulations of the department.56
7.] (1) A sentencing advisory commission is hereby created to consist of eleven57
members. One member shall be appointed by the speaker of the house. One member shall be58
appointed by the president pro tem of the senate . One member shall be the director of the59
department of corrections. Six members shall be appointed by and serve at the pleasure of the60
governor from among the following: the public defender commission; private citizens; a private61
member of the Missouri Bar; the board of probation and parole; and a prosecutor. Two members62
shall be appointed by the supreme court, one from a metropolitan area and one from a rural area. 63
All members shall be appointed to a four-year term. All members of the sentencing commission64
appointed prior to August 28, 1994, shall continue to serve on the sentencing advisory65
commission at the pleasure of the governor.66
(2) The commission shall study sentencing practices in the circuit courts throughout the67
state for the purpose of determining whether and to what extent disparities exist among the68
various circuit courts with respect to the length of sentences imposed and the use of probation69
for offenders convicted of the same or similar offenses and with similar criminal histories. The70
commission shall also study and examine whether and to what extent sentencing disparity among71
economic and social classes exists in relation to the sentence of deat h and if so, the reasons72
therefor, if sentences are comparable to other states, if the length of the sentence is appropriate,73
and the rate of rehabilitation based on sentence. It shall compile statistics, examine cases, draw74
conclusions, and perform other duties relevant to the research and investigation of disparities in75
death penalty sentencing among economic and social classes.76
(3) The commission shall study alternative sentences, prison work programs, work77
release, home-based incarceration, probation and parole options, and any other programs and78
report the feasibility of these options in Missouri.79
(4) The governor shall select a chairperson who shall call meetings of the commission80
as required or permitted pursuant to the purpose of the sentencing commission.81
CCS SS SCS HCS HBs 2637 & 3155 67
(5) The members of the commission shall not receive compensation for their duties on82
the commission, but shall be reimbursed for actual and necessary expenses incurred in the83
performance of these duties and for which they are not reimbursed by reason of their other paid84
positions.85
(6) The circuit and associate circuit courts of this state, the office of the state courts86
administrator, the department of public safety, and the department of corrections shall cooperate87
with the commission by providing information or access to information needed by the88
commission. The office of the state courts administrator will provide needed staffing resources.89
[8.] 2. Courts shall retain discretion to lower or exceed the sentence recommended by90
the commission as otherwise allowable by law, and to order restorative justice methods, when91
applicable.92
[9.] 3. If the imposition or execution of a sentence is suspended, the court may order any93
or all of the following restorative justice methods, or any other method that the court finds just94
or appropriate:95
(1) Restitution to any victim or a statutorily created fund for costs incurred as a result96
of the offender's actions;97
(2) Offender treatment programs;98
(3) Mandatory community service;99
(4) Work release programs in local facilities; and100
(5) Community-based residential and nonresidential programs.101
[10.] 4. Pursuant to subdivision (1) of subsection [9] 3 of this section, the court may102
order the assessment and payment of a designated amount of restitution to a county law103
enforcement restitution fund established by the county commission pursuant to section 50.565. 104
Such contribution shall not exceed three hundred dollars for any charged offense. Any105
restitution moneys deposited into the county law enforcement restitution fund pursuant to this106
section shall only be expended pursuant to the provisions of section 50.565.107
[11.] 5. A judge may order payment to a restitution fund only if such fund had been108
created by ordinance or resolution of a county of the state of Missouri prior to sentencing. A109
judge shall not have any direct supervisory authority or administrative control over any fund to110
which the judge is ordering a person to make payment.111
[12.] 6. A person who fails to make a payment to a county law enforcement restitution112
fund may not have his or her probation revoked solely for failing to make such payment unless113
the judge, after evidentiary hearing, makes a finding supported by a preponderance of the114
evidence that the person either willfully refused to make the payment or that the person willfully,115
intentionally, and purposefully failed to make sufficient bona fide efforts to acquire the resources116
to pay.117
CCS SS SCS HCS HBs 2637 & 3155 68
[13.] 7. Nothing in this section shall be construed to allow the sentencing advisory118
commission to issue recommended sentences in specific cases pending in the courts of this state.119
[558.026. 1. Multiple sentences of imprisonment shall run
concurrently unless the court specifies that they shall run consecutively;2
except in the case of multiple sentences of imprisonment imposed for any3
offense committed during or at the same time as, or multiple offenses of, the4
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; or9
(5) An attempt to commit any of the felonies listed in this subsection.10
In such case, the sentence of imprisonment imposed for any felony listed in11
this subsection or an attempt to commit any of the aforesaid shall run12
consecutively to the other sentences. The sentences imposed for any other13
offense may run concurrently.14
2. If a person who is on probation, parole or conditional release is15
sentenced to a term of imprisonment for an offense committed after the16
granting of probation or parole or after the start of his or her conditional17
release term, the court shall direct the manner in which the sentence or18
sentences imposed by the court shall run with respect to any resulting19
probation, parole or conditional release revocation term or terms. If the20
subsequent sentence to imprisonment is in another jurisdiction, the court shall21
specify how any resulting probation, parole or conditional release revocation22
term or terms shall run with respect to the foreign sentence of imprisonment.23
3. A court may cause any sentence it imposes to run concurrently with24
a sentence an individual is serving or is to serve in another state or in a federal25
correctional center. If the Missouri sent ence is served in another state or in26
a federal correctional center, subsection [4] 7 of section 558.011 and section27
217.690 shall apply as if the individual were serving his or her sentence within28
the department of corrections of the state of Missouri, except that a personal29
hearing before the parole board shall not be required for parole consideration.]30
558.026. 1. Multiple sentences of imprisonment shall run concurrently unless the court
specifies that they shall run consecutively; except in the case of multiple sentences of2
imprisonment imposed for any offense committed during or at the same time as, or multiple3
offenses of, the following felonies:4
(1) Rape in the first degree, forcible rape, or rape;5
(2) Statutory rape in the first degree;6
(3) Sodomy in the first degree, forcible sodomy, or sodomy;7
(4) Statutory sodomy in the first degree; or8
(5) An attempt to commit any of the felonies listed in this subsection. In such case, the9
CCS SS SCS HCS HBs 2637 & 3155 69
sentence of imprisonment imposed for any felony listed in this subsection or an attempt to10
commit any of the aforesaid shall run consecutively to the other sentences. The sentences11
imposed for any other offense may run concurrently.12
2. If a person who is on probation, parole or conditional release is sentenced to a term13
of imprisonment for an offense committed after the granting of probation or parole or after the14
start of his or her conditional release term, th e court shall direct th e manner in which the15
sentence or sentences imposed by the court shall run with respect to any resulting probation,16
parole or conditional release revocation term or terms. If the subsequent sentence to17
imprisonment is in another jurisdiction, the court shall specify how any resulting probation,18
parole or conditional release revocation term or terms shall run with respect to the foreign19
sentence of imprisonment.20
3. A court may cause any sentence it imposes to run concurrently with a sentence an21
individual is serving or is to serve in another st ate or in a federal correctional center. If the22
Missouri sentence is served in another state or in a federal correctional center, subsection [4] 723
of section 558.011 and section 217.690 shall apply as if the individual were serving his or her24
sentence within the department of corrections of the state of Missouri, except that a personal25
hearing before the parole board shall not be required for parole consideration.26
[558.031. 1. A sentence of imprisonment shall commence when a
person convicted of an offense in this state is received into the custody of the2
department of corrections or other place of confinement where the offender3
is sentenced.4
2. [Such] When placing a person on probation for a suspended5
imposition of sentence, probation for a suspended execution of sentence,6
or when executing a sentence of imprisonment, the court shall record, as7
part of each judgment, the number of days the person [shall receive credit8
toward the service of a sentence of imprisonment for all time] was in prison,9
jail, or custody, that was related to the offense, after the offense occurred10
and before [the commencement of the sentence, when the time in custody was11
related to that offense] being sentenced to imprisonment and the defendant12
shall be awarded credit toward the service of a sentence of imprisonment13
for that number of days . [This] The jail time credit calculation shall be14
based upon the certification of the sheriff as provided in subdivision (3) of15
subsection 2 of section 217.305 and may be supplemented by a certificate of16
a sheriff or other custodial officer fr om another jurisdiction having held the17
person on the charge of the offense for which the sentence of imprisonment18
is ordered and shall be pronounced at the time of the judgment, the19
execution of a suspended sentence, or the suspension of imposition of20
sentence, shall be included in the record, and shall include both the dates21
the person was in custody and the number of days to be credited toward22
the service of the sentence.23
CCS SS SCS HCS HBs 2637 & 3155 70
3. For purposes of this section, time in custody related to an24
offense includes time during which the offense was charged in a criminal25
proceeding, there was an arrest warra nt issued in said criminal26
proceeding, and the arrest warrant was served upon the person, and27
includes time served on house arrest. The person shall not be entitled to28
any credit toward the service of a sentence of imprisonment for any time29
such person was not being held on said arrest warrant because such30
person posted bond, the arrest warrant was recalled, or the person was31
otherwise released.32
4. The court may take judicial notice of all time the person has33
served in prison, jail, or custody, or on house arrest for a criminal34
proceeding by comparing dates of service on arrest warrants with35
evidence contained within the court file of dates of release and the36
prosecution and defense attorney may enter into a stipulation with regard37
to credit for the service of a sentence of imprisonment for all time in38
prison, jail, or custody, or on house arrest except in no event may the39
court approve a stipulation that is greater than or less than the time in40
custody related to an offense.41
5. Upon motion and notice by defendant or defense counsel, for42
any such person who was held in a juvenile detention facility for an43
offense for which such person was subsequently adjudicated to stand trial44
as an adult, the court may also aw ard credit toward the service of a45
sentence of imprisonment for any time such person was confined in a46
juvenile detention facility.47
6. In the event a criminal proceeding related to an offense is48
dismissed without prejudice by a court or nolle prossed by the state, upon49
motion and notice by defendant or defense counsel, the proceeding may50
be consolidated into the present matter for purposes of calculating credit51
for the service of a sentence of imprisonment.52
7. The officer required by law to deliver a person convicted of an53
offense in this state to the department of corrections shall endorse upon the54
papers required by section 217.305 both the dates the offender was in custody55
and the period of time to be credited toward the service of the sentence of56
imprisonment, [except as endorsed by such officer] included in the judgment57
or suspended imposition of sentence and such additional days after the58
pronouncement of sentence and before the delivery of the person to the59
department of corrections.60
[4.] 8. If a person convicted of an offense escapes from custody, such61
escape shall interrupt the sentence. The interruption shall continue until such62
person is returned to the correctional center where the sentence was being63
served, or in the case of a person committed to the custody of the department64
of corrections, to any correctional center operated by the department of65
corrections. An escape shall also interrupt the jail time credit to be applied to66
a sentence which had not commenced when the escape occurred.67
CCS SS SCS HCS HBs 2637 & 3155 71
[5.] 9. If a sentence of imprisonmen t is vacated and a new sentence68
imposed upon the offender for that offense, all time served under the vacated69
sentence shall be credited against the new sentence, unless the time has70
already been credited to another sentence as provided in subsection 1 of this71
section.72
[6.] 10. If a person released from imprisonment on parole or serving73
a conditional release term violates any of the conditions of his or her parole74
or release, he or she may be treated as a parole violator. If the parole board75
revokes the parole or conditional release, the paroled person shall serve the76
remainder of the prison term and conditional release term, as an additional77
prison term, and the conditionally released person shall serve the remainder78
of the conditional release term as a prison term, unless released on parole.79
[7. Subsection 2 of this section shall be applicable to offenses for80
which the offender was sentenced on or after August 28, 2023.81
8. The total amount of credit given shall not exceed the number of82
days spent in prison, jail, or custody after the offense occurred and before the83
commencement of the sentence.]84
11. A person may only challenge credit awarded or not awarded85
pursuant to this section by the filing of a petition for a writ of habeas86
corpus. ]87
558.031. 1. A sentence of imprisonment shall commence when a person convicted of
an offense in this state is received into the cu stody of the department of corrections or other2
place of confinement where the offender is sentenced.3
2. [Such] When placing a person on probation for a suspended imposition of4
sentence, probation for a suspended execution of sentence, or when executing a sentence5
of imprisonment, the court shall record, as part of each judgment, the number of days the6
person [shall receive credit toward the service of a sentence of imprisonment for all time] was7
in prison, jail, or custody, that was related to the offense, after the offense occurred and before8
[the commencement of the sentence, when the time in custody was related to that offense] being9
sentenced to imprisonment and the defendant shall be awarded credit toward the service10
of a sentence of imprisonment for that number of days . [This] The jail time credit11
calculation shall be based upon the certification of the sheriff as provided in subdivision (3) of12
subsection 2 of section 217.305 and may be supplemented by a certificate of a sheriff or other13
custodial officer from another jurisdiction having held the person on the charge of the offense14
for which the sentence of imprisonment is ordered and shall be pronounced at the time of the15
judgment, the execution of a suspended sent ence, or the suspension of imposition of16
sentence, shall be included in the record, and shall include both the dates the person was17
in custody and the number of days to be credited toward the service of the sentence.18
3. For purposes of this section, time in custody related to an offense includes time19
CCS SS SCS HCS HBs 2637 & 3155 72
during which the offense was charged in a criminal proceeding, there was an arrest20
warrant issued in said criminal proceeding, and the arrest warrant was served upon the21
person, and includes time served on house arrest. The person shall not be entitled to any22
credit toward the service of a sentence of imprisonment for any time such person was not23
being held on said arrest warrant because such person posted bond, the arrest warrant was24
recalled, or the person was otherwise released.25
4. The court may take judicial notice of a ll time the person has served in prison,26
jail, or custody, or on house arrest for a criminal proceeding by comparing dates of service27
on arrest warrants with evidence contained within the court file of dates of release and the28
prosecution and defense attorney may enter into a stipulation with regard to credit for the29
service of a sentence of imprisonment for all time in prison, jail, or custody, or on house30
arrest except in no event may the court approve a stipulation that is greater than or less31
than the time in custody related to an offense.32
5. Upon motion and notice by defendant or defense counsel, for any such person33
who was held in a juvenile detention facilit y for an offense for which such person was34
subsequently adjudicated to stand trial as an adult, the court may also award credit toward35
the service of a sentence of imprisonment fo r any time such person was confined in a36
juvenile detention facility.37
6. In the event a criminal proceeding relat ed to an offense is dismissed without38
prejudice by a court or nolle prossed by the state, upon motion and notice by defendant or39
defense counsel, the proceeding may be consolidated into the present matter for purposes40
of calculating credit for the service of a sentence of imprisonment.41
7. The officer required by law to deliver a person convicted of an offense in this state42
to the department of corrections shall endorse upon the papers required by section 217.305 both43
the dates the offender was in custody and the period of time to be credited toward the service of44
the sentence of imprisonment, [except as endorsed by such officer] included in the judgment45
or suspended imposition of sentence and such additional days after the pronouncement of46
sentence and before the delivery of the person to the department of corrections.47
[4.] 8. If a person convicted of an offense escapes from custody, such escape shall48
interrupt the sentence. The interruption shall continue until such person is returned to the49
correctional center where the sentence was being served, or in the case of a person committed50
to the custody of the department of correcti ons, to any correctional center operated by the51
department of corrections. An escape shall also interrupt the jail time credit to be applied to a52
sentence which had not commenced when the escape occurred.53
[5.] 9. If a sentence of imprisonment is vacated and a new sentence imposed upon the54
offender for that offense, all time served under the vacated sentence shall be credited against the55
CCS SS SCS HCS HBs 2637 & 3155 73
new sentence, unless the time has already been credited to another sentence as provided in56
subsection 1 of this section.57
[6.] 10. If a person released from imprisonment on parole or serving a conditional58
release term violates any of the conditions of hi s or her parole or release, he or she may be59
treated as a parole violator. If the parole board revokes the parole or conditional release, the60
paroled person shall serve the remainder of the prison term and conditional release term, as an61
additional prison term, and the conditionally released person shall serve the remainder of the62
conditional release term as a prison term, unless released on parole.63
[7. Subsection 2 of this section shall be applicable to offenses for which the offender was64
sentenced on or after August 28, 2023.65
8. The total amount of credit given shall not exceed the number of days spent in prison,66
jail, or custody after the offense occurred and before the commencement of the sentence.]67
11. A person may only challenge credit awarded or not awarded pursuant to this68
section by the filing of a petition for a writ of habeas corpus.69
[558.046. The sentencing court may, upon petition, reduce any term
of sentence or probation pronounced by th e court or a term of conditional2
release or parole pronounced by the parole board if the court determines that:3
(1) The convicted person was:4
(a) Convicted of an offense that did not involve violence or the threat5
of violence; and6
(b) Convicted of an offense that involved alcohol or illegal drugs; and7
(2) Since the commission of such offense, the convicted person has8
successfully completed a detoxification and rehabilitation program; and9
(3) The convicted person is not:10
(a) A prior offender, a persistent offender, a dangerous offender or a11
persistent misdemeanor offender as defined by section 558.016; or12
(b) A persistent sexual offender as defined in section 566.125[; or13
(c) A prior offender, a persistent offender or a class X offender as14
defined in section 558.019].]15
558.046. The sentencing court may, upon petition, reduce any term of sentence or
probation pronounced by the court or a term of conditional release or parole pronounced by the2
parole board if the court determines that:3
(1) The convicted person was:4
(a) Convicted of an offense that did not involve violence or the threat of violence; and5
(b) Convicted of an offense that involved alcohol or illegal drugs; and6
(2) Since the commission of such offense, the convicted person has successfully7
completed a detoxification and rehabilitation program; and8
(3) The convicted person is not:9
CCS SS SCS HCS HBs 2637 & 3155 74
(a) A prior offender, a persistent offender, a dangerous offender or a persistent10
misdemeanor offender as defined by section 558.016; or11
(b) A persistent sexual offender as defined in section 566.125[; or12
(c) A prior offender, a persistent offender or a class X offender as defined in section13
558.019].14
[559.115. 1. Neither probation nor parole shall be granted by the
circuit court between the time the transcript on appeal from the offender's2
conviction has been filed in appellate court and the disposition of the appeal3
by such court.4
2. Unless otherwise prohibited by subsection [8] 7 of this section, a5
circuit court only upon its own motion and not that of the state or the offender6
shall have the power to grant probation to an offender anytime up to one7
hundred twenty days after such offender has been delivered to the department8
of corrections but not thereafter. The court may request information and a9
recommendation from the department concerning the offender and such10
offender's behavior during the period of incarceration. Except as provided in11
this section, the court may place the offender on probation in a program12
created pursuant to section 217.777, or may place the offender on probation13
with any other conditions authorized by law.14
3. The court may recommend placement of an offender in a15
department of corrections one hundred twenty-day program under this16
subsection. The department of corrections shall assess each offender to17
determine the appropriate one hundred twenty-day program in which to place18
the offender, which may include placement in the structured cognitive19
behavioral intervention program or institutional treatment program. The20
placement of an offender in the structured cognitive behavioral intervention21
program or institutional treatment program shall be at the sole discretion of the22
department based on the assessment of the offender and available bed space. 23
When the court recommends and receives placement of an offender in a24
department of corrections one hundred twenty-day program, the offender shall25
be released on probation if the department of corrections determines that the26
offender has successfully completed the program except as follows. Upon27
successful completion of a program under this subsection, the division of28
probation and parole shall advise the sentencing court of an offender's29
probationary release date thirty days prior to release. The court shall follow30
the recommendation of the department unless the court determines that31
probation is not appropriate. If the court determines that probation is not32
appropriate, the court may order the execution of the offender's sentence only33
after conducting a hearing on the matter within ninety to one hundred twenty34
days from the date the offender was delivered to the department of35
corrections. If the department determines the offender has not successfully36
completed a one hundred twenty-day program under this subsection, the37
division of probation and parole shall advise the prosecuting attorney and the38
CCS SS SCS HCS HBs 2637 & 3155 75
sentencing court of the defendant's unsuccessful program exit and the39
defendant shall be removed from the program. The department shall report40
on the offender's participation in the program and may provide41
recommendations for terms and conditions of an offender's probation. The42
court shall then have the power to grant probation or order the execution of43
the offender's sentence.44
4. If the court is advised that an offender is not eligible for placement45
in a one hundred twenty-day program under subsection 3 of this section, the46
court shall consider other authorized dispositions. If the department of47
corrections one hundred twenty-day program under subsection 3 of this48
section is full, the court may place the offender in a private program approved49
by the department of corrections or the court, the expenses of such program50
to be paid by the offender, or in an available program offered by another51
organization. If the offender is convicted of a class C, class D, or class E52
nonviolent felony, the court may order probation while awaiting appointment53
to treatment.54
5. Except when the offender has been found to be a predatory sexual55
offender pursuant to section 566.125, the court shall request the department56
of corrections to conduct a sexual offender assessment if the defendant has57
been found guilty of sexual abuse when classified as a class B felony. Upon58
completion of the assessment, the department shall provide to the court a59
report on the offender and may provide recommendations for terms and60
conditions of an offender's probation. The assessment shall not be considered61
a one hundred twenty-day program as provided under subsection 3 of this62
section. The process for granting probation to an offender who has completed63
the assessment shall be as provided under subsections 2 and 6 of this section.64
6. Unless the offender is being granted probation pursuant to65
successful completion of a one hundred twenty-day program the circuit court66
shall notify the state in writing when the court intends to grant probation to the67
offender pursuant to the provisions of this section. The state may, in writing,68
request a hearing within ten days of receipt of the court's notification that the69
court intends to grant probation. Upon the state's request for a hearing, the70
court shall grant a hearing as soon as reasonably possible. If the state does not71
respond to the court's notice in writing within ten days, the court may proceed72
upon its own motion to grant probation.73
7. [An offender's first incarceration under this section prior to release74
on probation shall not be considered a previous prison commitment for the75
purpose of determining a minimum prison term under the provisions of section76
558.019.77
8.] Notwithstanding any other provision of law, probation may not be78
granted pursuant to this section to offenders who have been convicted of79
murder in the second degree pursuant to section 565.021; forcible rape80
pursuant to section 566.030 as it existed prior to August 28, 2013; rape in the81
first degree under section 566.030; forcible sodomy pursuant to section82
CCS SS SCS HCS HBs 2637 & 3155 76
566.060 as it existed prior to August 28, 2013; sodomy in the first degree83
under section 566.060; statutory rape in the first degree pursuant to section84
566.032; statutory sodomy in the firs t degree pursuant to section 566.062;85
child molestation in the first degree pursuant to section 566.067 when86
classified as a class A felony; abuse of a child pursuant to section 568.06087
when classified as a class A felony; or an offender who has been found to be88
a predatory sexual offender pursuant to section 566.125; any offense under89
section 557.045; or any offense in which there exists a statutory prohibition90
against either probation or parole.]91
559.115. 1. Neither probation nor parole shall be granted by the circuit court between
the time the transcript on appeal from the offender's conviction has been filed in appellate court2
and the disposition of the appeal by such court.3
2. Unless otherwise prohibited by subsection [8] 7 of this section, a circuit court only4
upon its own motion and not that of the state or the offender shall have the power to grant5
probation to an offender anytime up to one hundred twenty days after such offender has been6
delivered to the department of corrections but not thereafter. The court may request information7
and a recommendation from the department concerning the offender and such offender's8
behavior during the period of incarceration. Except as provided in this section, the court may9
place the offender on probation in a program created pursuant to section 217.777, or may place10
the offender on probation with any other conditions authorized by law.11
3. The court may recommend placement of an offender in a department of corrections12
one hundred twenty-day program under this subsec tion. The department of corrections shall13
assess each offender to determine the appropriate one hundred twenty-day program in which to14
place the offender, which may include placemen t in the structured cognitive behavioral15
intervention program or institutional treatment program. The placement of an offender in the16
structured cognitive behavioral intervention program or institutional treatment program shall be17
at the sole discretion of the department base d on the assessment of the offender and available18
bed space. When the court recommends and receives placement of an offender in a department19
of corrections one hundred twenty-day program, the offender shall be released on probation if20
the department of corrections determines that the offender has successfully completed the21
program except as follows. Upon successful completion of a program under this subsection, the22
division of probation and parole shall advise the sentencing court of an offender's probationary23
release date thirty days prior to release. The court shall follow the recommendation of the24
department unless the court determines that probation is not appropriate. If the court determines25
that probation is not appropriate, the court may order the execution of the offender's sentence26
only after conducting a hearing on the matter within ninety to one hundred twenty days from the27
date the offender was delivered to the department of corrections. If the department determines28
CCS SS SCS HCS HBs 2637 & 3155 77
the offender has not successfully completed a one hundred twenty-day program under this29
subsection, the division of probation and parole shall advise the prosecuting attorney and the30
sentencing court of the defendant's unsuccessful program exit and the defendant shall be31
removed from the program. The department shall report on the offender's participation in the32
program and may provide recommendations for terms and conditions of an offender's probation. 33
The court shall then have the power to grant probation or order the execution of the offender's34
sentence.35
4. If the court is advised that an offender is not eligible for placement in a one hundred36
twenty-day program under subsection 3 of this section, the court shall consider other authorized37
dispositions. If the department of corrections one hundred twenty-day program under subsection38
3 of this section is full, the court may place the offender in a private program approved by the39
department of corrections or the court, the expenses of such program to be paid by the offender,40
or in an available program offered by another organization. If the offender is convicted of a class41
C, class D, or class E nonviolent felony, the court may order probation while awaiting42
appointment to treatment.43
5. Except when the offender has been found to be a predatory sexual offender pursuant44
to section 566.125, the court shall request the department of corrections to conduct a sexual45
offender assessment if the defendant has been found guilty of sexual abuse when classified as46
a class B felony. Upon completion of the assessment, the department shall provide to the court47
a report on the offender and may provide reco mmendations for terms and conditions of an48
offender's probation. The assessment shall not be considered a one hundred twenty-day program49
as provided under subsection 3 of this section. The process for granting probation to an offender50
who has completed the assessment shall be as provided under subsections 2 and 6 of this section.51
6. Unless the offender is being granted probation pursuant to successful completion of52
a one hundred twenty-day program the circuit court shall notify the state in writing when the53
court intends to grant probation to the offender pursuant to the provisions of this section. The54
state may, in writing, request a hearing within ten days of receipt of the court's notification that55
the court intends to grant probation. Upon the state's request for a hearing, the court shall grant56
a hearing as soon as reasonably possible. If the state does not respond to the court's notice in57
writing within ten days, the court may proceed upon its own motion to grant probation.58
7. [An offender's first incarceration under this section prior to release on probation shall59
not be considered a previous prison commitm ent for the purpose of determining a minimum60
prison term under the provisions of section 558.019.61
8.] Notwithstanding any other provision of law, probation may not be granted pursuant62
to this section to offenders who have been convicted of murder in the second degree pursuant63
to section 565.021; forcible rape pursuant to section 566.030 as it existed prior to August 28,64
CCS SS SCS HCS HBs 2637 & 3155 78
2013; rape in the first degree under section 566.030; forcible sodomy pursuant to section65
566.060 as it existed prior to August 28, 2013; sodomy in the first degree under section 566.060;66
statutory rape in the first degree pursuant to section 566.032; statutory sodomy in the first degree67
pursuant to section 566.062; child molestation in the first degree pursuant to section 566.06768
when classified as a class A felony; abuse of a child pursuant to section 568.060 when classified69
as a class A felony; or an offender who has been found to be a predatory sexual offender70
pursuant to section 566.125; any offense under section 557.045; or any offense in which there71
exists a statutory prohibition against either probation or parole.72
565.002. As used in this chapter, unless a different meaning is otherwise plainly required
the following terms mean:2
(1) "Adequate cause", cause that would reasonably produce a degree of passion in a3
person of ordinary temperament sufficient to substantially impair an ordinary person's capacity4
for self-control;5
(2) "Bodily harm", physical pain or injury, illness, or any impairment of physical6
condition;7
(3) "Child", a person under [seventeen] eighteen years of age;8
[(3)] (4) "Conduct", includes any act or omission;9
[(4)] (5) "Course of conduct", a pattern of conduct composed of two or more acts, which10
may include communication by any means, over a period of time, however short, evidencing a11
continuity of purpose. Constitutionally protected activity is not included within the meaning of12
course of conduct. Such constitutionally protected activity includes picketing or other organized13
protests;14
[(5)] (6) "Deliberation", cool reflection for any length of time no matter how brief;15
[(6)] (7) "Domestic victim", a household or family member as the term "family" or16
"household member" is defined in section 455.010, including any child who is a member of the17
household or family;18
[(7)] (8) "Emotional distress", something markedly greater than the level of uneasiness,19
nervousness, unhappiness, or the like which are commonly experienced in day-to-day living;20
[(8)] (9) "Full or partial nudity", the showing of all or any part of the human genitals,21
pubic area, buttock, or any part of the nipple of the breast of any female person, with less than22
a fully opaque covering;23
[(9)] (10) "Great bodily harm", bodily injury which creates a high probability of24
death, or which causes serious permanent or protracted loss or impairment of function of25
any bodily member or organ, or other serious bodily harm;26
(11) "Legal custody", the right to the care, custody and control of a child;27
[(10)] (12) "Parent", either a biological parent or a parent by adoption;28
CCS SS SCS HCS HBs 2637 & 3155 79
[(11)] (13) "Person having a right of custody", a parent or legal guardian of the child;29
[(12)] (14) "Photographs" or "films", the making of any photograph, motion picture film,30
videotape, or any other recording or transmission of the image of a person;31
[(13)] (15) "Place where a person would have a reasonable expectation of privacy", any32
place where a reasonable person would believe that a person could disrobe in privacy, without33
being concerned that the person's undressing was being viewed, photographed or filmed by34
another;35
[(14)] (16) "Special victim", any of the following:36
(a) A law enforcement officer assaulted in the performance of his or her official duties37
or as a direct result of such official duties;38
(b) Emergency personnel, any paid or volunteer firefighter, emergency room, hospital,39
or trauma center personnel, or emergency medical technician, assaulted in the performance of40
his or her official duties or as a direct result of such official duties;41
(c) A probation and parole officer assaulted in the performance of his or her official42
duties or as a direct result of such official duties;43
(d) An elderly person;44
(e) A person with a disability;45
(f) A vulnerable person;46
(g) Any jailer or corrections officer of the state or one of its political subdivisions47
assaulted in the performance of his or her official duties or as a direct result of such official48
duties;49
(h) A highway worker in a construction or work zone as the terms "highway worker",50
"construction zone", and "work zone" are defined under section 304.580;51
(i) Any utility worker, meaning any employ ee of a utility that provides gas, heat,52
electricity, water, steam, telecommunications services, or sewer services, whether privately,53
municipally, or cooperatively owned, while in the performance of his or her job duties, including54
any person employed under a contract;55
(j) Any cable worker, meaning any employee of a cable operator, as such term is defined56
in section 67.2677, including any person employed under contract, while in the performance of57
his or her job duties; and58
(k) Any employee of a mass transit syst em, including any employee of public bus or59
light rail companies, while in the performance of his or her job duties;60
[(15)] (17) "Substantial bodily harm", bodily injury which involves a temporary61
but substantial disfigurement, or which causes temporary but substantial loss or62
impairment of the function of any bodily member or organ, or which causes a fracture of63
any bodily member;64
CCS SS SCS HCS HBs 2637 & 3155 80
(18) "Sudden passion", passion directly caused by and arising out of provocation by the65
victim or another acting with the victim which passion arises at the time of the offense and is not66
solely the result of former provocation;67
[(16)] (19) "Technological abuse conduct", an act or pattern of behavior that is68
intended to harm, threaten, intimidate, control, stalk, harass, monitor, except as otherwise69
permitted by law, another person, that o ccurs using any form of technology, including70
internet enabled devices, online platforms, computers, mobile devices, cameras and71
imaging programs, apps, location tracking devices, or any other emerging technologies;72
(20) "Trier", the judge or jurors to whom issues of fact, guilt or innocence, or the73
assessment and declaration of punishment are submitted for decision;74
[(17)] (21) "Views", the looking upon of another person, with the unaided eye or with75
any device designed or intended to improve visual acuity, for the purpose of arousing or76
gratifying the sexual desire of any person.77
565.050. 1. A person commits the offense of assault in the first degree if he or she
attempts to kill or knowingly causes or attempts to cause [serious physical injury] great bodily2
harm to another person.3
2. The offense of assault in the first de gree is a class B felony unless in the course4
thereof the person inflicts [serious physical injury] great bodily harm on the victim, or if the5
victim of such assault is a special victim, as the term "special victim" is defined under section6
565.002, in which case it is a class A felony.7
565.052. 1. A person commits the offense of assault in the second degree if he or she:
(1) Attempts to kill or knowingly causes or attempts to cause [serious physical injury]2
great bodily harm to another person under the influence of sudden passion arising out of3
adequate cause; or4
(2) Attempts to cause or knowingly causes [physical injury] bodily harm to another5
person by means of a deadly weapon or dangerous instrument; or6
(3) Recklessly causes [serious physical injury] great bodily harm to another person;7
or8
(4) Recklessly causes [physical injury] bodily harm to another person by means of9
discharge of a firearm.10
2. The defendant shall have the burden of injecting the issue of influence of sudden11
passion arising from adequate cause under subdivision (1) of subsection 1 of this section.12
3. The offense of assault in the second degree is a class D felony, unless the victim of13
such assault is a special victim, as the term "special victim" is defined under section 565.002,14
in which case it is a class B felony.15
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
knowingly causes [physical injury] bodily harm to another person.2
2. The offense of assault in the third degree is a class E felony, unless the victim of such3
assault is a special victim, as the term "special victim" is defined under section 565.002, in4
which case it is a class D felony.5
565.056. 1. A person commits the offense of assault in the fourth degree if:
(1) The person attempts to cause or recklessly causes [physical injury, physical pain, or2
illness] bodily harm to another person;3
(2) With criminal negligence the person causes [physical injury] bodily harm to another4
person by means of a firearm;5
(3) The person purposely places another person in apprehension of immediate [physical6
injury] bodily harm;7
(4) The person recklessly engages in conduct which creates a substantial risk of death8
or [serious physical injury] great bodily harm to another person;9
(5) The person knowingly causes or attempts to cause physical contact with a person10
with a disability, which a reasonable person, who does not have a disability, would consider11
offensive or provocative; or12
(6) The person knowingly causes physical contact with another person knowing the13
other person will regard the contact as offensive or provocative.14
2. Except as provided in subsection 3 of this section, assault in the fourth degree is a15
class A misdemeanor.16
3. Violation of the provisions of subdivision (3) or (6) of subsection 1 of this section is17
a class C misdemeanor unless the victim is a sp ecial victim, as the term "special victim" is18
defined under section 565.002, in which case a viol ation of such provisions is a class A19
misdemeanor.20
565.072. 1. A person commits the offense of domestic assault in the first degree if he
or she attempts to kill or knowingly causes or attempts to cause [serious physical injury] great2
bodily harm to a domestic victim, as the term "domestic victim" is defined under section3
565.002.4
2. The offense of domestic assault in the fi rst degree is a class B felony unless in the5
course thereof the person inflicts serious physical injury on the victim, in which case it is a class6
A felony.7
565.073. 1. A person commits the offense of domestic assault in the second degree if
the act involves a domestic victim, as the term "domestic victim" is defined under section2
565.002, and he or she:3
(1) Knowingly causes [physical injury] bodily harm to such domestic victim by any4
CCS SS SCS HCS HBs 2637 & 3155 82
means, including but not limited to, use of a deadly weapon or dangerous instrument, or by5
choking or strangulation; or6
(2) Recklessly causes [serious physical injury ] great bodily harm to such domestic7
victim; or8
(3) Recklessly causes [physical injury] bodily harm to such domestic victim by means9
of any deadly weapon.10
2. The offense of domestic assault in the second degree is a class D felony.11
565.074. 1. A person commits the offense of domestic assault in the third degree if he
or she attempts to cause [physical injury ] substantial bodily harm or knowingly causes2
[physical pain or illness ] bodily harm to a domestic victim, as the term "domestic victim" is3
defined under section 565.002.4
2. The offense of domestic assault in the third degree is a class E felony.5
565.076. 1. A person commits the offense of domestic assault in the fourth degree if the
act involves a domestic victim, as the term "domestic victim" is defined under section 565.002,2
and:3
(1) The person attempts to cause or recklessly causes [physical injury, physical pain, or4
illness] bodily harm to such domestic victim;5
(2) With criminal negligence the person causes [physical injury] bodily harm to such6
domestic victim by means of a deadly weapon or dangerous instrument;7
(3) The person purposely places such domestic victim in apprehension of immediate8
[physical injury] bodily harm by any means;9
(4) The person recklessly engages in conduct which creates a substantial risk of death10
or [serious physical injury] great bodily harm to such domestic victim;11
(5) The person knowingly causes physical contact with such domestic victim knowing12
he or she will regard the contact as offensive; or13
(6) The person knowingly attempts to cause or causes the isolation of such domestic14
victim by unreasonably and substantially restricting or limiting his or her access to other15
persons, telecommunication devices or transportation for the purpose of isolation.16
2. The offense of domestic assault in the fourth degree is a class A misdemeanor, unless17
the person has previously been found guilty of th e offense of domestic assault, of any assault18
offense under this chapter, or of any offense against a domestic victim committed in violation19
of any county or municipal ordinance in any state, any state law, any federal law, or any military20
law which if committed in this state two or more times would be a violation of this section, in21
which case it is a class E felony. The offenses described in this subsection may be against the22
same domestic victim or against different domestic victims.23
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,
without good cause, engages in any act with the purpose to cause emotional distress to another2
person, and such act does cause such person to suffer emotional distress.3
2. The offense of harassment in the first degree is a class E felony, unless the defendant4
has previously been found guilty of a violation of this section or section 565.091, or any5
offense committed in another jurisdiction wh ich, if committed in this state, would be6
chargeable or indictable as a violation of any offense listed in this section or section7
565.091, in which case harassment in the first degree is a class D felony.8
3. This section shall not apply to activities of federal, state, county, or municipal law9
enforcement officers conducting investigations of violation of federal, state, county, or10
municipal law.11
565.091. 1. A person commits the offense of harassment in the second degree if he or
she, without good cause, engages in any act w ith the purpose to cause emotional distress to2
another person.3
2. The offense of harassment in the second degree is a class A misdemeanor, unless the4
[person has previously pleaded guilty to or been found guilty of a violation of this section, of any5
offense committed in violation of any county or municipal ordinance in any state, any state law,6
any federal law, or any military law which if committed in this state would be chargeable or7
indictable as a violation of any offense listed in this subsection, in which case it is a class E8
felony] defendant has previously been found guilty of a violation of this section or section9
565.090, or of any offense committed in another jurisdiction which, if committed in this10
state, would be chargeable or indictable as a violation of any offense listed in this section11
or section 565.090, in which case harassment in the second degree is a class E felony.12
3. This section shall not apply to activities of federal, state, county, or municipal law13
enforcement officers conducting investigations of violations of federal, state, county, or14
municipal law.15
565.225. 1. [As used in this section and section 565.227, the term "disturbs" shall mean
to engage in a course of conduct directed at a specific person that serves no legitimate purpose2
and that would cause a reasonable person under the circumstances to be frightened, intimidated,3
or emotionally distressed.4
2.] A person commits the offense of stalking in the first degree if he or she [purposely]5
knowingly, through [his or her ] a course of conduct [, disturbs or follows with the intent of6
disturbing] that is directed at another person [and] or through technological abuse conduct,7
engages in conduct that would cause a reasonable person under similar circumstances to:8
(1) [Makes a threat communicated with the intent to cause the person who is the target9
of the threat to reasonably ] Fear [for his or her safety, the safety of his or her family or10
CCS SS SCS HCS HBs 2637 & 3155 84
household member, or the safety of domestic animals or livestock as defined in section 276.60611
kept at such person's residence or on such person's property. The threat shall be against the life12
of, or a threat to cause physical] death or bodily injury to[, or the kidnapping of] the person[,]13
;14
(2) Fear that an offense will be committed against a member of the person's family15
or household members, or [the person's domestic animals or livestock as defined in section16
276.606 kept at such person's residence or on such person's property] an individual with whom17
the person has a dating relationship; [or18
(2) At least one of the acts constituting the course of conduct is in violation of an order19
of protection and the person has received actual notice of such order; or]20
(3) [At least one of the actions constituting the course of conduct is in violation of a21
condition of probation, parole, pretrial release, or release on bond pending appeal] Fear that an22
offense will be committed against the person's property; or23
(4) [At any time during the course of conduct, the other person is seventeen years of age24
or younger and the person disturbing the other person is twenty-one years of age or older; or25
(5) He or she has previously been found guilty of domestic assault, violation of an order26
of protection, or any other crime where the other person was the victim; or27
(6) At any time during the course of conduct, the other person is a participant of the28
address confidentiality program under sections 589.660 to 589.681, and the person disturbing29
the other person knowingly accesses or attempts to access the address of the other person] Feel30
harassed, terrified, or intimidated.31
[3.] 2. Any law enforcement officer may arrest, without a warrant, any person he or she32
has probable cause to believe has violated the provisions of this section.33
[4.] 3. This section shall not apply to activities of federal, state, county, or municipal law34
enforcement officers conducting investigations of any violation of federal, state, county, or35
municipal law.36
[5.] 4. The offense of stalking in the first degree is a class E felony, unless the defendant37
has previously been found guilty of a violation of this section or section 565.227, or any offense38
committed in another jurisdiction which, if committed in this state, would be chargeable or39
indictable as a violation of any offense liste d in this section or section 565.227, or unless the40
victim is intentionally targeted as a law enforcement officer, as defined in section 556.061, or41
the victim is targeted because he or she is a relative within the second degree of consanguinity42
or affinity to a law enforcement officer, in whic h case stalking in the first degree is a class D43
felony.44
565.227. 1. A person commits the offense of stalking in the second degree if he or she
[purposely, through his or her course of] knowingly engages in a course of conduct[, disturbs,2
CCS SS SCS HCS HBs 2637 & 3155 85
or follows with the intent to disturb another person ] directed at a specific person or3
technological abuse conduct which would cause a reasonable person under the4
circumstances to feel harassed, terrified, or intimidated.5
2. This section shall not apply to activities of federal, state, county, or municipal law6
enforcement officers conducting investigations of any violation of federal, state, county, or7
municipal law.8
3. Any law enforcement officer may arrest, without a warrant, any person he or she has9
probable cause to believe has violated the provisions of this section.10
4. The offense of stalking in the second degree is a class A misdemeanor, unless the11
defendant has previously been found guilty of a violation of this section or section 565.225, or12
of any offense committed in another jurisdicti on which, if committed in this state, would be13
chargeable or indictable as a violation of any offense listed in this section or section 565.225,14
or unless the victim is intentionally targeted as a law enforcement officer, as defined in section15
556.061, or the victim is targeted because he or she is a relative within the second degree of16
consanguinity or affinity to a law enforcemen t officer, in which case stalking in the second17
degree is a class E felony.18
565.260. 1. Except as provided in subsection 2 of this section, a person commits the
offense of unlawful tracking of a motor vehicle if the person knowingly installs, conceals,2
or otherwise places an electronic tracking device in or on a motor vehicle without the3
consent of all owners of the vehicle for the purpose of monitoring or following an occupant4
or occupants of the vehicle. As used in this section, "person" does not include the5
manufacturer of the motor vehicle.6
2. (1) It shall not be an offense under this section if the installing, concealing, or7
placing of an electronic tracking device in or on a motor vehicle is by, or at the direction8
of, a law enforcement officer in furtheran ce of a criminal investigation and such9
investigation is carried out in accordance with applicable state and federal law.10
(2) If the installing, concealing, or placing of an electronic tracking device in or on11
a motor vehicle is by, or at the direction of, a parent or legal guardian who owns or leases12
the vehicle, and if the device is used solely for the purpose of monitoring the minor child13
of the parent or legal guardian when the child is an occupant of the vehicle, the installation,14
concealment, or placement of the device in or on the vehicle without the consent of any or15
all occupants of the vehicle shall not be an offense under this section.16
(3) It shall not be an offense under th is section if the in stalling, concealing, or17
placing of an electronic tracking device in or on a motor vehicle is for the purpose of18
tracking the location of stolen goods being transported in the vehicle or for the purpose of19
tracking the location of the vehicle if the motor vehicle is stolen.20
CCS SS SCS HCS HBs 2637 & 3155 86
(4) It shall not be an offense under this section if the installing, concealing, or21
placing of an electronic tracking device in or on a motor vehicle is by a legally authorized22
representative of a vulnerable adult. As used in this subdivision, "vulnerable adult" means23
any person eighteen years of age or older who is impaired by reason of mental illness,24
intellectual or developmental disability, physical illness or disability, or other causes,25
including age, to the extent the adult lacks sufficient understanding or capacity to make,26
communicate, or carry out reasonable decisions concerning his or her well-being or has27
one or more limitations that substantially impair the adult's ability to independently28
provide for his or her daily needs or safe guard his or her person, property, or legal29
interests.30
(5) If the installing, concealing, or placing of an electronic tracking device in or on31
a motor vehicle is by, or at the direction of, a person who obtains consent from all owners32
of the vehicle, the installation, concealment, or placement of the device in or on the vehicle33
shall not be an offense under this section.34
(6) It shall not be an offense under this section if the installing, concealing, or35
placing of an electronic tracking device in or on a motor vehicle is by a vehicle rental,36
sharing, or leasing company that rents moto r vehicles for the purpose of tracking or37
managing the motor vehicles owned by such company or providing services to customers.38
(7) It shall not be an offense under th is section if the in stalling, concealing, or39
placing of an electronic tracking device in or on a motor vehicle is by a lienholder or agent40
of a lienholder acting to track the movement or location of a motor vehicle in order to41
repossess the motor vehicle.42
(8) It shall not be an offense under this section if the installing, concealing, or43
placing of an electronic tracking device in or on a motor vehicle is for any party to44
participate in a voluntary usage-based insurance program. "Voluntary usage-based45
insurance program" shall mean any program implemented by, or on behalf of, an46
insurance company that collects, records, or transmits information relating to driving47
behavior of an insured party.48
3. The provisions of this section shall not apply to a tracking system installed by the49
manufacturer of a motor vehicle.50
4. The offense of unlawful tracking of a motor vehicle is a class A misdemeanor for51
a first offense and a class E felony for any second or subsequent offense.52
565.400. 1. A person commits the offens e of cyberharassment if such person
purposely or knowingly engages in a threatening, aggressive, or otherwise fear-inducing,2
course of conduct by using digital technology, internet service providers, electronic service3
CCS SS SCS HCS HBs 2637 & 3155 87
providers or other electronic communications and devices to cause reasonable fear, alarm,4
anxiety, undue stress, or terror to others by repeated contact with no legitimate purpose.5
2. The first offense of cyberharassment shall be a class B misdemeanor. A second6
and any subsequent offense shall be a class A misdemeanor.7
565.405. 1. A person commits the offense of cyberstalking if such person purposely
or knowingly engages in a threatening, aggressive, or otherwise fear-inducing, course of2
conduct by using digital technology, internet service providers, electronic service providers3
or other electronic communications and devices to enhance the ability to intimidate, track,4
follow or cause reasonable fear, alarm, anxiety, undue stress, or terror to another person.5
2. The first offense of cyberstalking shall be a class A misdemeanor. A second and6
any subsequent offense shall be a class E felony.7
[566.030. 1. A person commits the offense of rape in the first degree
if he or she has sexual intercourse with another person who is incapacitated,2
incapable of consent, or lacks the capacity to consent, or by the use of forcible3
compulsion. Forcible compulsion includes the use of a substance4
administered without a victim's knowledge or consent which renders the5
victim physically or mentally impaired so as to be incapable of making an6
informed consent to sexual intercourse.7
2. The offense of rape in the first degree or an attempt to commit rape8
in the first degree is a class A felony for which the authorized term of9
imprisonment is life imprisonment or a term of years not less than [five] ten10
years, not to exceed thirty years, unless:11
(1) The offense is an aggravated sexual offense, in which case the12
authorized term of imprisonment is life imprisonment as defined in section13
558.011 or [a term of years not less than fifteen years ] life imprisonment14
without eligibility for probation or parole;15
(2) The person is a persistent or predatory sexual offender as defined16
in section 566.125 and subjected to an extended term of imprisonment under17
said section;18
(3) The victim is a child less than twelve years of age, in which case19
the required term of imprisonment is life imprisonment as defined in section20
558.011 or life imprisonment without eligibility for probation or parole [until21
the offender has served not less than thirty years of such sentence or unless the22
offender has reached the age of seventy-five years and has served at least23
fifteen years of such sentence, unless such rape in the first degree is described24
under subdivision (4) of this subsection]; or25
(4) The victim is a child less than twelve years of age and such rape26
in the first degree or attempt to commit rape in the first degree was27
outrageously or wantonly vile, horrible or inhumane, in that it involved torture28
or depravity of mind, in which case the required term of imprisonment is life29
imprisonment without eligibility for probation, parole or conditional release.30
3. [Subsection 4 of section 558.019 shall not apply to the sentence of31
CCS SS SCS HCS HBs 2637 & 3155 88
a person who has been found guilty of rape in the first degree or attempt to32
commit rape in the first degree when th e victim is less than twelve years of33
age, and "life imprisonment" shall mean imprisonment for the duration of a34
person's natural life for the purposes of this section.35
4.] No person found guilty of rape in the first degree or an attempt to36
commit rape in the first degree shall be granted a suspended imposition of37
sentence or suspended execution of sentence.]38
566.030. 1. A person commits the offense of rape in the first degree if he or she has
sexual intercourse with another person who is incapacitated, incapable of consent, or lacks the2
capacity to consent, or by the use of forcible compulsion. Forcible compulsion includes the use3
of a substance administered without a victim's knowledge or consent which renders the victim4
physically or mentally impaired so as to be incapable of making an informed consent to sexual5
intercourse.6
2. The offense of rape in the first degree or an attempt to commit rape in the first degree7
is a class A felony for which the authorized term of imprisonment is life imprisonment or a term8
of years not less than [five] ten years, not to exceed thirty years, unless:9
(1) The offense is an aggravated sexual o ffense, in which case the authorized term of10
imprisonment is life imprisonment as defined in section 558.011 or [a term of years not less11
than fifteen years] life imprisonment without eligibility for probation or parole;12
(2) The person is a persistent or predatory sexual offender as defined in section 566.12513
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 term15
of imprisonment is life imprisonment as defined in section 558.011 or life imprisonment16
without eligibility for probation or parole [until the offender has served not less than thirty years17
of such sentence or unless the offender has reached the age of seventy-five years and has served18
at least fifteen years of such sentence, unless such rape in the first degree is described under19
subdivision (4) of this subsection]; or20
(4) The victim is a child less than twelve years of age and such rape in the first degree21
or attempt to commit rape in the first degree was outrageously or wantonly vile, horrible or22
inhumane, in that it involved torture or depravity of mind, in which case the required term of23
imprisonment is life imprisonment without eligibility for probation, parole or conditional release.24
3. [Subsection 4 of section 558.019 shall not apply to the sentence of a person who has25
been found guilty of rape in the first degree or attempt to commit rape in the first degree when26
the victim is less than twelve years of age, and "life imprisonment" shall mean imprisonment for27
the duration of a person's natural life for the purposes of this section.28
4.] No person found guilty of rape in the first degree or an attempt to commit rape in the29
first degree shall be granted a suspended imposition of sentence or suspended execution of30
CCS SS SCS HCS HBs 2637 & 3155 89
sentence.31
566.032. 1. A person commits the offense of statutory rape in the first degree if he or
she has sexual intercourse with another person who is less than fourteen years of age.2
2. The offense of statutory rape in the first degree or an attempt to commit statutory rape3
in the first degree is a felony for which the authorized term of imprisonment is life imprisonment4
or a term of years not less than [five] ten years, unless:5
(1) The offense is an aggravated sexual offense, or the victim is less than twelve years6
of age in which case the authorized term of imprisonment is life imprisonment or a term of years7
not less than [ten] fifteen years; or8
(2) The person is a persistent or predatory sexual offender as defined in section 566.1259
and subjected to an extended term of imprisonment under said section.10
[566.060. 1. A person commits the offense of sodomy in the first
degree if he or she has deviate sexual intercourse with another person who is2
incapacitated, incapable of consent, or lacks the capacity to consent, or by the3
use of forcible compulsion. Forcible compulsion includes the use of a4
substance administered without a victim's knowledge or consent which5
renders the victim physically or mentally impaired so as to be incapable of6
making an informed consent to sexual intercourse.7
2. The offense of sodomy in the first degree or an attempt to commit8
sodomy in the first degree is a felony for which the authorized term of9
imprisonment is life imprisonment or a term of years not less than five years,10
unless:11
(1) The offense is an aggravated sexual offense, in which case the12
authorized term of imprisonment is life imprisonment or a term of years not13
less than ten years;14
(2) The person is a persistent or predatory sexual offender as defined15
in section 566.125 and subjected to an extended term of imprisonment under16
said section;17
(3) The victim is a child less than twelve years of age, in which case18
the required term of imprisonment is life imprisonment as defined in section19
558.011 or life imprisonment without eligibility for probation or parole [until20
the offender has served not less than thirty years of such sentence or unless the21
offender has reached the age of seventy-five years and has served at least22
fifteen years of such sentence, unless such sodomy in the first degree is23
described under subdivision (4) of this subsection]; or24
(4) The victim is a child less than twelve years of age and such25
sodomy in the first degree or attempt to commit sodomy in the first degree26
was outrageously or wantonly vile, horrible or inhumane, in that it involved27
torture or depravity of mind, in which case the required term of imprisonment28
is life imprisonment without eligibility for probation, parole or conditional29
release.30
3. [Subsection 4 of section 558.019 shall not apply to the sentence of31
CCS SS SCS HCS HBs 2637 & 3155 90
a person who has been found guilty of sodomy in the first degree or an attempt32
to commit sodomy in the first degree when the victim is less than twelve years33
of age, and "life imprisonment" shall mean imprisonment for the duration of34
a person's natural life for the purposes of this section.35
4.] No person found guilty of sodomy in the first degree or an attempt36
to commit sodomy in the first degree shall be granted a suspended imposition37
of sentence or suspended execution of sentence.]38
566.060. 1. A person commits the offense of sodomy in the first degree if he or she has
deviate sexual intercourse with another person who is incapacitated, incapable of consent, or2
lacks the capacity to consent, or by the use of forcible compulsion. Forcible compulsion3
includes the use of a substance administered without a victim's knowledge or consent which4
renders the victim physically or mentally impaired so as to be incapable of making an informed5
consent to sexual intercourse.6
2. The offense of sodomy in the first degree or an attempt to commit sodomy in the first7
degree is a felony for which the authorized term of imprisonment is life imprisonment or a term8
of years not less than five years, unless:9
(1) The offense is an aggravated sexual o ffense, in which case the authorized term of10
imprisonment is life imprisonment or a term of years not less than ten years;11
(2) The person is a persistent or predatory sexual offender as defined in section 566.12512
and subjected to an extended term of imprisonment under said section;13
(3) The victim is a child less than twelve years of age, in which case the required term14
of imprisonment is life imprisonment as defined in section 558.011 or life imprisonment15
without eligibility for probation or parole [until the offender has served not less than thirty years16
of such sentence or unless the offender has reached the age of seventy-five years and has served17
at least fifteen years of such sentence, unless such sodomy in the first degree is described under18
subdivision (4) of this subsection]; or19
(4) The victim is a child less than twelve years of age and such sodomy in the first20
degree or attempt to commit sodomy in the first degree was outrageously or wantonly vile,21
horrible or inhumane, in that it involved torture or depravity of mind, in which case the required22
term of imprisonment is life imprisonment without eligibility for probation, parole or conditional23
release.24
3. [Subsection 4 of section 558.019 shall not apply to the sentence of a person who has25
been found guilty of sodomy in the first degree or an attempt to commit sodomy in the first26
degree when the victim is less than twelve ye ars of age, and "life imprisonment" shall mean27
imprisonment for the duration of a person's natural life for the purposes of this section.28
4.] No person found guilty of sodomy in the first degree or an attempt to commit sodomy29
in the first degree shall be granted a suspended imposition of sentence or suspended execution30
CCS SS SCS HCS HBs 2637 & 3155 91
of sentence.31
566.103. 1. A person or entity commits th e offense of promoting online sexual
solicitation if such person or entity knowingly permits a web-based classified service owned or2
operated by such person or entity to be used by individuals to post advertisements promoting3
prostitution, enticing a child to engage in sexual conduct, or promoting sexual trafficking of a4
child after receiving notice under this section.5
2. As used in this section, the term "web-based classified service" means a person or6
entity in whose name a specific URL or internet domain name is registered which has7
advertisements for goods and services or personal advertisements.8
3. An advertisement may be deemed to promote prostitution, entice a child to engage9
in sexual conduct, or promote sexual trafficking of a child, if the content of such advertisement10
would be interpreted by a reasonable person as offering to exchange sexual conduct for goods11
or services in violation of chapter 567, as seeking a child for the purpose of sexual conduct or12
commercial sex act, or as offering a child as a participant in sexual conduct or commercial sex13
act in violation of section 566.151, 566.210, or 566.211.14
4. It shall be prima facie evidence that a person or entity acts knowingly if an15
advertisement is not removed from the web-based classified service within seventy-two hours16
of that person or entity being notified that an advertisement has been posted on that service17
which is prohibited under this section.18
5. Notice under this section may be provided by certified mail or facsimile transmission19
by the attorney general or any prosecuting attorney or circuit attorney.20
6. A violation of this section shall be a class E felony, punishable by imprisonment or21
a fine in the amount of five thousand dollars per day that the advertisement remains posted on22
the web-based classified service after sevent y-two hours of when notice has been provided23
pursuant to this section, or by both such fine and imprisonment.24
7. Original jurisdiction for pr osecution of a violation of this section shall be with the25
local prosecuting attorney or circuit attorney.26
[566.125. 1. The court shall sentence a person to an extended term of
imprisonment if it finds the defendant is a persistent sexual offender and has2
been found guilty of attempting to commit or committing the following3
offenses:4
(1) Statutory rape in the first degree or statutory sodomy in the first5
degree;6
(2) Rape in the first degree or sodomy in the first degree;7
(3) Forcible rape;8
(4) Forcible sodomy;9
(5) Rape;10
(6) Sodomy.11
CCS SS SCS HCS HBs 2637 & 3155 92
2. A "persistent sexual offender" is one who has previously been12
found guilty of attempting to commit or committing any of the offenses listed13
in subsection 1 of this section or one who has previously been found guilty of14
an offense in any other jurisdiction which would constitute any of the offenses15
listed in subsection 1 of this section.16
3. The term of imprisonment for one found to be a persistent sexual17
offender shall be imprisonment for life without eligibility for probation or18
parole. [Subsection 4 of section 558.019 shall not apply to any person19
imprisoned under this subsection, and ] "Imprisonment for life" shall mean20
imprisonment for the duration of the person's natural life.21
4. The court shall sentence a person to an extended term of22
imprisonment as provided for in this section if it finds the defendant is a23
predatory sexual offender and has been found guilty of committing or24
attempting to commit any of the offenses listed in subsection 1 of this section25
or committing child molestation in the first or second degree or sexual abuse26
when classified as a class B felony.27
5. For purposes of this section, a "predatory sexual offender" is a28
person who:29
(1) Has previously been found guilty of committing or attempting to30
commit any of the offenses listed in subsection 1 of this section, or31
committing child molestation in the first or second degree, or sexual abuse32
when classified as a class B felony; or33
(2) Has previously committed an act which would constitute an34
offense listed in subsection 4 of this section, whether or not the act resulted in35
a conviction; or36
(3) Has committed an act or acts against more than one victim which37
would constitute an offense or offenses listed in subsection 4 of this section,38
whether or not the defendant was charged with an additional offense or39
offenses as a result of such act or acts.40
6. A person found to be a predatory sexual offender shall be41
imprisoned for life with eligibility for parole[, however subsection 4 of section42
558.019 shall not apply to persons found to be predatory sexual offenders for43
the purposes of determining the minimum prison term or the length of44
sentence as defined or used in such subsection]. Notwithstanding any other45
provision of law, in no event shall a person found to be a predatory sexual46
offender receive a final discharge from parole.47
7. Notwithstanding any other provision of law, the court shall set the48
minimum time required to be served before a predatory sexual offender is49
eligible for parole, conditional release or other early release by the department50
of corrections. The minimum time to be served by a person found to be a51
predatory sexual offender who:52
(1) Has previously been found guilty of committing or attempting to53
commit any of the offenses listed in subsection 1 of this section and is found54
guilty of committing or attempting to commit any of the offenses listed in55
CCS SS SCS HCS HBs 2637 & 3155 93
subsection 1 of this section shall be any number of years but not less than56
thirty years;57
(2) Has previously been found guilty of child molestation in the first58
or second degree, or sexual abuse when classified as a class B felony and is59
found guilty of attempting to commit or committing any of the offenses listed60
in subsection 1 of this section shall be any number of years but not less than61
fifteen years;62
(3) Has previously been found guilty of committing or attempting to63
commit any of the offenses listed in subsection 1 of this section, or64
committing child molestation in the first or second degree, or sexual abuse65
when classified as a class B felony shall be any number of years but not less66
than fifteen years;67
(4) Has previously been found guilty of child molestation in the first68
degree or second degree, or sexual abuse when classified as a class B felony,69
and is found guilty of child molestation in the first or second degree, or sexual70
abuse when classified as a class B felony shall be any number of years but not71
less than fifteen years;72
(5) Is found to be a predatory sexual offender pursuant to subdivision73
(2) or (3) of subsection 5 of this section shall be any number of years within74
the range to which the person could have been sentenced pursuant to the75
applicable law if the person was not found to be a predatory sexual offender.76
8. Notwithstanding any provision of law to the contrary, the77
department of corrections, or any division thereof, may not furlough an78
individual found to be and sentenced as a persistent sexual offender or a79
predatory sexual offender.]80
566.125. 1. The court shall sentence a person to an extended term of imprisonment if
it finds the defendant is a persistent sexual offender and has been found guilty of attempting to2
commit or committing the following offenses:3
(1) Statutory rape in the first degree or statutory sodomy in the first degree;4
(2) Rape in the first degree or sodomy in the first degree;5
(3) Forcible rape;6
(4) Forcible sodomy;7
(5) Rape;8
(6) Sodomy.9
2. A "persistent sexual offender" is one who has previously been found guilty of10
attempting to commit or committing any of the offenses listed in subsection 1 of this section or11
one who has previously been found guilty of an offense in any other jurisdiction which would12
constitute any of the offenses listed in subsection 1 of this section.13
3. The term of imprisonment for one found to be a persistent sexual offender shall be14
imprisonment for life without eligibility for probation or parole. [Subsection 4 of section15
CCS SS SCS HCS HBs 2637 & 3155 94
558.019 shall not apply to any person imprisoned under this subsection, and] "Imprisonment for16
life" shall mean imprisonment for the duration of the person's natural life.17
4. The court shall sentence a person to an extended term of imprisonment as provided18
for in this section if it finds the defendant is a predatory sexual offender and has been found19
guilty of committing or attempting to commit any of the offenses listed in subsection 1 of this20
section or committing child molestation in th e first or second degree or sexual abuse when21
classified as a class B felony.22
5. For purposes of this section, a "predatory sexual offender" is a person who:23
(1) Has previously been found guilty of committing or attempting to commit any of the24
offenses listed in subsection 1 of this secti on, or committing child molestation in the first or25
second degree, or sexual abuse when classified as a class B felony; or26
(2) Has previously committed an act which would constitute an offense listed in27
subsection 4 of this section, whether or not the act resulted in a conviction; or28
(3) Has committed an act or acts against more than one victim which would constitute29
an offense or offenses listed in subsection 4 of this section, whether or not the defendant was30
charged with an additional offense or offenses as a result of such act or acts.31
6. A person found to be a predatory sexual offender shall be imprisoned for life with32
eligibility for parole[, however subsection 4 of section 558.019 shall not apply to persons found33
to be predatory sexual offenders for the purposes of determining the minimum prison term or34
the length of sentence as defined or used in such subsection ]. Notwithstanding any other35
provision of law, in no event shall a person found to be a predatory sexual offender receive a36
final discharge from parole.37
7. Notwithstanding any other provision of law, the court shall set the minimum time38
required to be served before a predatory sexual offender is eligible for parole, conditional release39
or other early release by the department of co rrections. The minimum time to be served by a40
person found to be a predatory sexual offender who:41
(1) Has previously been found guilty of committing or attempting to commit any of the42
offenses listed in subsection 1 of this section and is found guilty of committing or attempting to43
commit any of the offenses listed in subsection 1 of this section shall be any number of years but44
not less than thirty years;45
(2) Has previously been found guilty of child molestation in the first or second degree,46
or sexual abuse when classified as a class B felony and is found guilty of attempting to commit47
or committing any of the offenses listed in subsection 1 of this section shall be any number of48
years but not less than fifteen years;49
(3) Has previously been found guilty of committing or attempting to commit any of the50
offenses listed in subsection 1 of this secti on, or committing child molestation in the first or51
CCS SS SCS HCS HBs 2637 & 3155 95
second degree, or sexual abuse when classified as a class B felony shall be any number of years52
but not less than fifteen years;53
(4) Has previously been found guilty of child molestation in the first degree or second54
degree, or sexual abuse when classified as a class B felony, and is found guilty of child55
molestation in the first or second degree, or se xual abuse when classified as a class B felony56
shall be any number of years but not less than fifteen years;57
(5) Is found to be a predatory sexual offender pursuant to subdivision (2) or (3) of58
subsection 5 of this section shall be any number of years within the range to which the person59
could have been sentenced pursuant to the applicable law if the person was not found to be a60
predatory sexual offender.61
8. Notwithstanding any provision of law to the contrary, the department of corrections,62
or any division thereof, may not furlough an individual found to be and sentenced as a persistent63
sexual offender or a predatory sexual offender.64
566.203. 1. A person commits the offense of abusing an individual through forced labor
by knowingly providing or obtaining the labor or services of a person:2
(1) By causing or threatening to cause serious physical injury to any person;3
(2) By physically restraining or threatening to physically restrain another person;4
(3) By blackmail;5
(4) By means of any scheme, plan, or pattern of behavior intended to cause such person6
to believe that, if the person does not perform the labor services, the person or another person7
will suffer serious physical injury, physical restraint, or financial harm; or8
(5) By means of the abuse or threatened abuse of the law or the legal process.9
2. A person who is found guilty of the crime of abuse through forced labor shall not be10
required to register as a sexual offender pursu ant to the provisions of section 589.400, unless11
such person is otherwise required to register pursuant to the provisions of such section.12
3. The offense of abuse through forced labor is a felony punishable by imprisonment for13
a term of years not less than five years and not more than twenty years and a fine not to exceed14
two hundred fifty thousand dollars. 15
4. If death results from a violation of this section, or if the violation includes kidnapping16
or an attempt to kidnap, sexual abuse when punishable as a class B felony, or an attempt to17
commit sexual abuse when punishable as a class B felony, or an attempt to kill, it shall be18
punishable for a term of years not less than [five] ten years or life and a fine not to exceed two19
hundred fifty thousand dollars.20
566.209. 1. A person commits the [crime] offense of trafficking for the purposes of
sexual exploitation if a person knowingly recruits, entices, harbors, transports, provides,2
advertises the availability of or obtains by any means, including but not limited to through the3
CCS SS SCS HCS HBs 2637 & 3155 96
use of force, intoxicating or inhibiting substances, abduction, coercion, fraud, deception,4
blackmail, or causing or threatening to cause financial harm, another person for the use or5
employment of such person in a commercial sex act, sexual conduct, a sexual performance, or6
the production of explicit sexual material as defined in section 573.010, without his or her7
consent, or benefits, financially or by receiving anything of value, from participation in such8
activities.9
2. The [crime] offense of trafficking for the purposes of sexual exploitation is a felony10
punishable by imprisonment for a term of years not less than five years and not more than twenty11
years and a fine not to exceed two hundred fifty thousand dollars. If a violation of this section12
was effected by force, abduction, or coercion, the crime of trafficking for the purposes of sexual13
exploitation is a felony punishable by imprisonment for a term of years not less than ten years14
or life and a fine not to exceed two hundred fifty thousand dollars.15
[566.210. 1. A person commits the offense of sexual trafficking of a
child in the first degree if he or she knowingly:2
(1) Recruits, entices, harbors, transports, provides, or obtains by any3
means, including but not limited to through the use of force, abduction,4
coercion, fraud, deception, blackmail, or causing or threatening to cause5
financial harm, a person under the age of fourteen to participate in a6
commercial sex act, a sexual performance, or the production of explicit sexual7
material as defined in section 573.010, or benefits, financially or by receiving8
anything of value, from participation in such activities;9
(2) Causes a person under the age of fourteen to engage in a10
commercial sex act, a sexual performance, or the production of explicit sexual11
material as defined in section 573.010; or12
(3) Advertises the availability of a person under the age of fourteen13
to participate in a commercial sex act, a sexual performance, or the production14
of explicit sexual material as defined in section 573.010.15
2. It shall not be a defense that the defendant believed that the person16
was fourteen years of age or older.17
3. The offense of sexual trafficking of a child in the first degree is a18
felony for which the authorized term of imprisonment is life imprisonment19
without eligibility for probation or parole until the offender has served not less20
than thirty years of such sentence. [Subsection 4 of section 558.019 shall not21
apply to the sentence of a person who has been found guilty of sexual22
trafficking of a child less than fourteen years of age, and "life imprisonment"23
shall mean imprisonment for the durati on of a person's natural life for the24
purposes of this section.]]25
566.210. 1. A person commits the offense of sexual trafficking of a child in the first
degree if he or she knowingly:2
(1) Recruits, entices, harbors, transports, provides, or obtains by any means, including3
CCS SS SCS HCS HBs 2637 & 3155 97
but not limited to through the use of force, abduction, coercion, fraud, deception, blackmail, or4
causing or threatening to cause financial harm, a person under the age of fourteen to participate5
in a commercial sex act, a sexual performance, or the production of explicit sexual material as6
defined in section 573.010, or benefits, financia lly or by receiving anything of value, from7
participation in such activities;8
(2) Causes a person under the age of fourteen to engage in a commercial sex act, a9
sexual performance, or the production of explicit sexual material as defined in section 573.010;10
or11
(3) Advertises the availability of a person under the age of fourteen to participate in a12
commercial sex act, a sexual performance, or the production of explicit sexual material as13
defined in section 573.010.14
2. It shall not be a defense that the defendant believed that the person was fourteen years15
of age or older.16
3. The offense of sexual trafficking of a child in the first degree is a felony for which the17
authorized term of imprisonment is life imprisonment without eligibility for probation or parole18
until the offender has served not less than thirty years of such sentence. [Subsection 4 of section19
558.019 shall not apply to the sentence of a person who has been found guilty of sexual20
trafficking of a child less than fourteen year s of age, and "life imprisonment" shall mean21
imprisonment for the duration of a person's natural life for the purposes of this section.]22
[566.211. 1. A person commits the offense of sexual trafficking of a
child in the second degree if he or she knowingly:2
(1) Recruits, entices, harbors, transports, provides, or obtains by any3
means, including but not limited to through the use of force, abduction,4
coercion, fraud, deception, blackmail, or causing or threatening to cause5
financial harm, a person under the age of eighteen to participate in a6
commercial sex act, a sexual performance, or the production of explicit sexual7
material as defined in section 573.010, or benefits, financially or by receiving8
anything of value, from participation in such activities;9
(2) Causes a person under the age of eighteen to engage in a10
commercial sex act, a sexual performance, or the production of explicit sexual11
material as defined in section 573.010; or12
(3) Advertises the availability of a person under the age of eighteen13
to participate in a commercial sex act, a sexual performance, or the production14
of explicit sexual material as defined in section 573.010.15
2. It shall not be a defense that the defendant believed that the person16
was eighteen years of age or older.17
3. The offense of sexual trafficking of a child in the second degree is18
a felony punishable by imprisonment for a term of years not less than twenty19
years or life and a fine not to exceed two hundred fifty thousand dollars if the20
child is under the age of eighteen. If a violation of this section was effected21
CCS SS SCS HCS HBs 2637 & 3155 98
by force, abduction, or coercion, the [crime] offense of sexual trafficking of22
a child shall be a felony for which the authorized term of imprisonment is life23
imprisonment without eligibility for probation or parole until the defendant24
has served [not less than twenty-five years ] eighty-five percent of such25
sentence as provided under section 558.011.]26
566.211. 1. A person commits the offense of sexual trafficking of a child in the second
degree if he or she knowingly:2
(1) Recruits, entices, harbors, transports, provides, or obtains by any means, including3
but not limited to through the use of force, abduction, coercion, fraud, deception, blackmail, or4
causing or threatening to cause financial harm, a person under the age of eighteen to participate5
in a commercial sex act, a sexual performance, or the production of explicit sexual material as6
defined in section 573.010, or benefits, financia lly or by receiving anything of value, from7
participation in such activities;8
(2) Causes a person under the age of eight een to engage in a commercial sex act, a9
sexual performance, or the production of explicit sexual material as defined in section 573.010;10
or11
(3) Advertises the availability of a person under the age of eighteen to participate in a12
commercial sex act, a sexual performance, or the production of explicit sexual material as13
defined in section 573.010.14
2. It shall not be a defense that the defendant believed that the person was eighteen years15
of age or older.16
3. The offense of sexual trafficking of a child in the second degree is a felony punishable17
by imprisonment for a term of years not less than twenty years or life and a fine not to exceed18
two hundred fifty thousand dollars if the child is under the age of eighteen. If a violation of this19
section was effected by force, abduction, or coercion, the [crime] offense of sexual trafficking20
of a child shall be a felony for which the authorized term of imprisonment is life imprisonment21
without eligibility for probation or parole until the defendant has served [not less than twenty-22
five years] eighty-five percent of such sentence as provided under section 558.011.23
568.045. 1. A person commits the offense of endangering the welfare of a child in the
first degree if he or she:2
(1) Knowingly acts in a manner that creates a substantial risk to the life, body, or health3
of a child less than [seventeen] eighteen years of age;4
(2) Knowingly engages in sexual conduct with a person under the age of eighteen years5
over whom the person is a parent, guardian, or otherwise charged with the care and custody;6
(3) Knowingly encourages, aids or causes a child less than [seventeen] eighteen years7
of age to engage in any conduct which violates the provisions of chapter 571 or 579; or8
(4) In the presence of a child less than [seventeen] eighteen years of age or in a9
CCS SS SCS HCS HBs 2637 & 3155 99
residence where a child less than [seventeen] eighteen years of age resides, unlawfully10
manufactures or attempts to manufacture co mpounds, possesses, produces, prepares, sells,11
transports, tests or analyzes any of the following: fentanyl, carfentanil, amphetamine, or12
methamphetamine, or any analogue thereof.13
2. The offense of endangering the welfare of a child in the first degree is a class D felony14
unless the offense:15
(1) Is committed as part of an act or series of acts performed by two or more persons as16
part of an established or prescribed pattern of activity, or where physical injury to the child17
results, or the offense is a second or subsequent offense under this section, in which case the18
offense is a class C felony;19
(2) Involves fentanyl or carfentanil, or any analogue thereof, in which case:20
(a) The offense is a class B felony; and21
(b) A person sentenced under this subdivision shall not be eligible for conditional release22
or parole until he or she has served at least five years of imprisonment;23
(3) Results in serious physical injury to the child, in which case the offense is a class B24
felony; or25
(4) Results in the death of a child, in which case the offense is a class A felony.26
[568.060. 1. As used in this section, the following terms shall mean:
(1) "Abuse", the infliction of physical, sexual, or mental injury against2
a child by any person eighteen years of age or older. For purposes of this3
section, abuse shall not include injury inflicted on a child by accidental means4
by a person with care, custody, or control of the child, or discipline of a child5
by a person with care, custody, or control of the child, including spanking, in6
a reasonable manner;7
(2) "Abusive head trauma", a serious physical injury to the head or8
brain caused by any means, including but not limited to shaking, jerking,9
pushing, pulling, slamming, hitting, or kicking;10
(3) "Mental injury", an injury to the intellectual or psychological11
capacity or the emotional condition of a child as evidenced by an observable12
and substantial impairment of the ability of the child to function within his or13
her normal range of performance or behavior;14
(4) "Neglect", the failure to provide, by those responsible for the care,15
custody, and control of a child under the age of eighteen years, the care16
reasonable and necessary to maintain th e physical and mental health of the17
child, when such failure presents a substantial probability that death or18
physical injury or sexual injury would result;19
(5) "Physical injury", physical pain, illness, or any impairment of20
physical condition, including but not limited to bruising, lacerations,21
hematomas, welts, or permanent or temporary disfigurement and impairment22
of any bodily function or organ;23
CCS SS SCS HCS HBs 2637 & 3155 100
(6) "Serious emotional injury", an injury that creates a substantial risk24
of temporary or permanent medical or psychological damage, manifested by25
impairment of a behavioral, cognitive, or physical condition. Serious26
emotional injury shall be established by testimony of qualified experts upon27
the reasonable expectation of probable harm to a reasonable degree of medical28
or psychological certainty;29
(7) "Serious physical injury", a physical injury that creates a30
substantial risk of death or that causes serious disfigurement or protracted loss31
or impairment of the function of any part of the body.32
2. A person commits the offense of abuse or neglect of a child if such33
person knowingly causes a child who is less than eighteen years of age:34
(1) To suffer physical or mental injury as a result of abuse or neglect;35
or36
(2) To be placed in a situation in which the child may suffer physical37
or mental injury as the result of abuse or neglect.38
3. A person commits the offense of abuse or neglect of a child if such39
person recklessly causes a child who is less than eighteen years of age to40
suffer from abusive head trauma.41
4. A person does not commit the offense of abuse or neglect of a child42
by virtue of the sole fact that the pe rson delivers or allows the delivery of a43
child to a provider of emergency services.44
5. (1) A person does not commit the offense of abuse or neglect of a45
child by virtue of the sole fact that the person allows the child to engage in46
independent activities without adult supervision and the person is a parent to47
the child or is responsible for the child's care, provided that the:48
(a) Independent activities are appropriate based on the child's age,49
maturity, and physical and mental abilities; and50
(b) Lack of adult supervision does not constitute conduct that is so51
grossly negligent as to endanger the health or safety of the child.52
(2) As used in this subsection, "independent activities" shall include53
traveling to or from school or nearby locations by bicycle or on foot, playing54
outdoors, or remaining at home for a reasonable period of time without adult55
supervision.56
6. The offense of abuse or neglect of a child is:57
(1) A class D felony [, without eligibility for probation, parole, or58
conditional release until the defendant has served no less than one year of such59
sentence], unless the person has previously been found guilty of a violation of60
this section or of a violation of the law of any other jurisdiction that prohibits61
the same or similar conduct or the injury inflicted on the child is a serious62
emotional injury or a serious physical injury, in which case abuse or neglect63
of a child is a class B felony, without eligibility for probation or parole until64
the defendant has served not less than five years of such sentence; or65
(2) A class A felony if the child dies as a result of injuries sustained66
from conduct chargeable under the provisions of this section.67
CCS SS SCS HCS HBs 2637 & 3155 101
7. Notwithstanding subsection 6 of this section to the contrary, the68
offense of abuse or neglect of a child is a class A felony, without eligibility for69
probation, parole, or conditional release until the defendant has served not less70
than fifteen years of such sentence, if:71
(1) The injury is a serious emo tional injury or a serious physical72
injury;73
(2) The child is less than fourteen years of age; and74
(3) The injury is the result of sexual abuse or sexual abuse in the first75
degree as defined under section 566.100 or sexual exploitation of a minor as76
defined under section 573.023.77
8. The circuit or prosecuting attorney may refer a person who is78
suspected of abuse or neglect of a child to an appropriate public or private79
agency for treatment or counseling so long as the agency has consented to80
taking such referrals. Nothing in this subsection shall limit the discretion of81
the circuit or prosecuting attorney to prosecute a person who has been referred82
for treatment or counseling pursuant to this subsection.83
9. Nothing in this section shall be construed to alter the requirement84
that every element of any crime referred to herein must be proven beyond a85
reasonable doubt.86
10. Discipline, including spanking administered in a reasonable87
manner, shall not be construed to be abuse under this section.]88
568.060. 1. As used in this section, the following terms shall mean:
(1) "Abuse", the infliction of physical, sexual, or mental injury against a child by any2
person eighteen years of age or older. For purposes of this section, abuse shall not include injury3
inflicted on a child by accidental means by a person with care, custody, or control of the child,4
or discipline of a child by a person with care, custody, or control of the child, including5
spanking, in a reasonable manner;6
(2) "Abusive head trauma", a serious physical injury to the head or brain caused by any7
means, including but not limited to shaking, jerking, pushing, pulling, slamming, hitting, or8
kicking;9
(3) "Mental injury", an injury to the in tellectual or psychological capacity or the10
emotional condition of a child as evidenced by an observable and substantial impairment of the11
ability of the child to function within his or her normal range of performance or behavior;12
(4) "Neglect", the failure to provide, by those responsible for the care, custody, and13
control of a child under the age of eighteen years, the care reasonable and necessary to maintain14
the physical and mental health of the child, when such failure presents a substantial probability15
that death or physical injury or sexual injury would result;16
(5) "Physical injury", physical pain, illness, or any impairment of physical condition,17
including but not limited to bruising, lacerations, hematomas, welts, or permanent or temporary18
CCS SS SCS HCS HBs 2637 & 3155 102
disfigurement and impairment of any bodily function or organ;19
(6) "Serious emotional injury", an injury that creates a substantial risk of temporary or20
permanent medical or psychological damage, manifested by impairment of a behavioral,21
cognitive, or physical condition. Serious emotional injury shall be established by testimony of22
qualified experts upon the reasonable expectation of probable harm to a reasonable degree of23
medical or psychological certainty;24
(7) "Serious physical injury", a physical injury that creates a substantial risk of death or25
that causes serious disfigurement or protracted loss or impairment of the function of any part of26
the body.27
2. A person commits the offense of abuse or neglect of a child if such person knowingly28
causes a child who is less than eighteen years of age:29
(1) To suffer physical or mental injury as a result of abuse or neglect; or30
(2) To be placed in a situation in which the child may suffer physical or mental injury31
as the result of abuse or neglect.32
3. A person commits the offense of abuse or neglect of a child if such person recklessly33
causes a child who is less than eighteen years of age to suffer from abusive head trauma.34
4. A person does not commit the offense of abuse or neglect of a child by virtue of the35
sole fact that the person delivers or allows th e delivery of a child to a provider of emergency36
services.37
5. (1) A person does not commit the offense of abuse or neglect of a child by virtue of38
the sole fact that the person allows the child to engage in independent activities without adult39
supervision and the person is a parent to the child or is responsible for the child's care, provided40
that the:41
(a) Independent activities are appropriate based on the child's age, maturity, and physical42
and mental abilities; and43
(b) Lack of adult supervision does not constitute conduct that is so grossly negligent as44
to endanger the health or safety of the child.45
(2) As used in this subsection, "independent activities" shall include traveling to or from46
school or nearby locations by bicycle or on foot, playing outdoors, or remaining at home for a47
reasonable period of time without adult supervision.48
6. The offense of abuse or neglect of a child is:49
(1) A class D felony [, without eligibility for probation, parole, or conditional release50
until the defendant has served no le ss than one year of such sentence ], unless the person has51
previously been found guilty of a violation of this section or of a viola tion of the law of any52
other jurisdiction that prohibits the same or similar conduct or the injury inflicted on the child53
is a serious emotional injury or a serious physi cal injury, in which case abuse or neglect of a54
CCS SS SCS HCS HBs 2637 & 3155 103
child is a class B felony, without eligibility for probation or parole until the defendant has served55
not less than five years of such sentence; or56
(2) A class A felony if the child dies as a result of injuries sustained from conduct57
chargeable under the provisions of this section.58
7. Notwithstanding subsection 6 of this section to the contrary, the offense of abuse or59
neglect of a child is a class A felony, without eligibility for probation, parole, or conditional60
release until the defendant has served not less than fifteen years of such sentence, if:61
(1) The injury is a serious emotional injury or a serious physical injury;62
(2) The child is less than fourteen years of age; and63
(3) The injury is the result of sexual abuse or sexual abuse in the first degree as defined64
under section 566.100 or sexual exploitation of a minor as defined under section 573.023.65
8. The circuit or prosecuting attorney may refer a person who is suspected of abuse or66
neglect of a child to an appropriate public or private agency for treatment or counseling so long67
as the agency has consented to taking such referrals. Nothing in this subsection shall limit the68
discretion of the circuit or prosecuting attorney to prosecute a person who has been referred for69
treatment or counseling pursuant to this subsection.70
9. Nothing in this section shall be construed to alter the requirement that every element71
of any crime referred to herein must be proven beyond a reasonable doubt.72
10. Discipline, including spanking administered in a reasonable manner, shall not be73
construed to be abuse under this section.74
573.570. 1. As used in this section, the following terms mean:
(1) "Depicted individual", an individual who, as a result of digitization or by means2
of digital manipulation, appears in whole or in part in an intimate digital depiction and3
who is identifiable by virtue of the indivi dual's face, likeness, or other distinguishing4
characteristic, such as a unique birthmark or other recognizable feature, or from5
information displayed in connection with the digital depiction;6
(2) "Digital depiction", a realistic visual depiction of an individual that has been7
created or altered using digital manipulation;8
(3) "Information content providers", any person or entity that is responsible, in9
whole or in part, for the creation or development of information provided through the10
internet or any other interactive computer service;11
(4) "Intimate digital depiction", a digital depiction of an individual that has been12
created or altered using digital manipulation and that depicts:13
(a) The uncovered genitals, pubic area, anus, or postpubescent female nipple of an14
identifiable individual;15
(b) The display or transfer of bodily sexual fluids:16
CCS SS SCS HCS HBs 2637 & 3155 104
a. Onto any part of the body of an identifiable individual; or17
b. From the body of an identifiable individual; or18
(c) An identifiable individual engaging in sexually explicit conduct;19
(5) "Sexually explicit conduct", actual or simulated:20
(a) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-21
anal, whether between persons of the same or opposite sex;22
(b) Bestiality;23
(c) Masturbation;24
(d) Sadistic or masochistic abuse; or25
(e) Lascivious exhibition of the genitals or pubic area of any person.26
2. A person commits the offense of disclosure of an intimate digital depiction if the27
person:28
(1) Discloses an intimate digital depiction:29
(a) With the intent to harass, annoy, threaten, alarm, or cause substantial harm to30
the finances or reputation of the depicted individual; or31
(b) With the actual knowledge that, or reckless disregard for whether, such32
disclosure will cause physical, emotional, reputational, or economic harm to the depicted33
individual; or34
(2) Threatens to disclose an intimate digital depiction:35
(a) With the intent to harass, annoy, threaten, alarm, or cause substantial harm to36
the finances or reputation of the depicted individual; or37
(b) With the actual knowledge that, or reckless disregard for whether, such38
threatened disclosure will cause physical, emotional, reputational, or economic harm to the39
depicted individual.40
3. (1) A violation of subdivision (1) of subsection 2 of this section shall be a class41
D felony.42
(2) A violation of subdivision (2) of subsection 2 of this section shall be a class E43
felony.44
(3) A violation of subsection 2 of this section shall be a class C felony if:45
(a) The violation is a second or other subsequent violation of subsection 2 of this46
section; or47
(b) The violation is such that the digital depiction could be reasonably expected to:48
a. Affect the conduct of any administrative, legislative, or judicial proceeding of a49
federal, state, local, or tribal government agency, including the administration of an50
election or the conduct of foreign relations; or51
b. Facilitate violence.52
CCS SS SCS HCS HBs 2637 & 3155 105
4. It shall not be a defense to an offense of disclosure of an intimate digital depiction53
under this section that there is a disclaimer stating that the intimate digital depiction of the54
depicted individual was unauthorized or that the depicted individual did not participate55
in the creation or development of the digital depiction.56
5. For the purposes of this section, a pr ovider of an interactive computer service57
shall not be held to have committed the offe nse of disclosure of an intimate digital58
depiction due to:59
(1) Any action voluntarily taken in good faith to restrict access to or availability of60
intimate digital depictions; or61
(2) Any action taken to enable or make available to information content providers62
or other persons the technical means to restrict access to intimate digital depictions.63
573.575. 1. A person commits the offense of sadistic online exploitation if he or she:
(1) Uses the internet to manipulate, intimidate, hurt, scare, control, or threaten a2
victim to undergo suffering through forcing their submission, use of violence, self-harm,3
or destruction for sadistic or sinister purposes;4
(2) Coerces a victim into performing se lf-harm, animal harm, harming another5
person, sharing personal information, or suicidal actions or ideations;6
(3) Uses non-physical forms of coercion, manipulation, shame or fear to extort7
another person into providing sexually explicit content then using such content to further8
extort, threaten, or control the victim; or9
(4) Uses intimate depictions as devices to threaten or coerce a victim by demanding10
any kind of financial gain.11
2. The offense of sadistic online exploitation shall be a class E felony.12
577.800. 1. A person commits the offense of unlawful use of unmanned aircraft over
an open-air facility or critical infrastructure facility if he or she purposely:2
(1) Operates an unmanned aircraft within a vertical distance of four hundred feet from3
the ground and within the property line of an open-air facility; [or]4
(2) Uses an unmanned aircraft with the purpose of delivering to a person within an open-5
air facility any object described in subdivision (1) or (2) of subsection 4 of this section;6
(3) Uses an unmanned aircraft within the boundary of any critical infrastructure7
facility; or8
(4) Operates an unmanned aircraft within a vertical distance of four hundred feet9
from the ground and within the property line of a critical infrastructure facility in10
furtherance of any violation of criminal law.11
2. For purposes of this section, "open-air facility" shall mean any sports, theater, music,12
performing arts, or other entertainment facility with a capacity of five [thousand] hundred13
CCS SS SCS HCS HBs 2637 & 3155 106
people or more and not completely enclosed by a roof or other structure. For purposes of this14
section, "critical infrastructure facility" shall have the same meaning as section 569.086.15
3. The provisions of this section shall not prohibit the operation of an unmanned aircraft16
by:17
(1) An employee , owner, or operator of an open-air facility [at the direction of the18
president or chief executive officer of the open-air facility] or critical infrastructure facility19
for the purpose of monitoring, inspecting, operating, or maintaining the facility;20
(2) A person who has written consent from the president or chief executive officer of21
the open-air facility or critical infrastructure facility;22
(3) An employee of a law enforcement agency, fire department, or emergency medical23
service in the exercise of official duties;24
(4) A government official or employee in the exercise of official duties;25
(5) A public utility or a rural electric cooperative if:26
(a) The unmanned aircraft is used for the purpose of inspecting, repairing, or27
maintaining utility transmission or distribution lines or other utility equipment or infrastructure;28
(b) The utility or cooperative notifies the open-air facility or critical infrastructure29
facility before flying the unmanned aircraft, except during an emergency; and30
(c) The person operating the unmanned aircraft does not physically enter the prohibited31
space without an escort provided by the open-air facility or critical infrastructure facility; or32
(6) An employee of a railroad in the exer cise of official duties on any land owned or33
operated by a railroad corporation regulated by the Federal Railroad Administration.34
4. The offense of unlawful use of unmanned aircraft over an open-air facility or critical35
infrastructure facility shall be punishable as an infraction unless the person uses an unmanned36
aircraft for:37
(1) Delivering a gun, knife, weapon, or other article, including any explosive device38
or material, that may be used in such manner to e ndanger the life of an employee or guest at39
an open-air facility or critical infrastructure facility , in which case the offense is a class B40
felony; or41
(2) Delivering a controlled substance, as that term is defined under section 195.010, in42
which case the offense is a class D felony.43
5. Each open-air facility or critical infrastructure facility shall post a sign warning of44
the provisions of this section. The sign shall be at least eleven inches by fourteen inches and45
posted in a conspicuous place.46
6. This section shall not apply to an operator of an unmanned aircraft that is being47
used for a commercial purpose that is otherwise operating lawfully, provided the operator48
is authorized by the Federal Aviation Administration to conduct lawful operations in that49
CCS SS SCS HCS HBs 2637 & 3155 107
airspace.50
[589.400. 1. Sections 589.400 to 589.425 shall apply to:
(1) Any person who, since July 1, 1979, has been or is hereafter2
adjudicated for an offense referenced in section 589.414, unless such person3
is exempt from registering under subsection 9 or 10 of this section or section4
589.401;5
(2) Any person who, since July 1, 1979, has been or is hereafter6
convicted of, been found guilty of, or pled guilty or nolo contendere to7
committing, attempting to commit, or conspiring to commit one or more of the8
following offenses: kidnapping or kidnapping in the first degree when the9
victim was a child and the defendant was not a parent or guardian of the child;10
abuse of a child under section 568.060 when such abuse is sexual in nature;11
felonious restraint or kidnapping in the second degree when the victim was a12
child and the defendant is not a parent or guardian of the child; sexual contact13
or sexual intercourse with a resident of a nursing home or sexual conduct with14
a nursing facility resident or vulnerable person in the first or second degree;15
endangering the welfare of a child under section 568.045 when the16
endangerment is sexual in nature; genital mutilation of a female child, under17
section 568.065; promoting prostitution in the first degree; promoting18
prostitution in the second degree; promoting prostitution in the third degree;19
sexual exploitation of a minor; promoting child pornography in the first20
degree as it existed prior to August 28, 2026; promoting child sexual abuse21
material in the first degree ; promoting child pornography in the second22
degree as it existed prior to August 28, 2026; promoting child sexual abuse23
material in the second degree; possession of child pornography as it existed24
prior to August 28, 2026; possession of child sexual abuse material ;25
furnishing pornographic material to minors; public display of explicit sexual26
material; coercing acceptance of obscene material; promoting obscenity in the27
first degree; promoting pornography fo r minors or obscenity in the second28
degree; incest; use of a child in a sexual performance; or promoting sexual29
performance by a child; patronizing prostitution if the individual the person30
patronizes is less than eighteen years of age ; grooming of a minor;31
nonconsensual dissemination of private sexual images; or threatening the32
nonconsensual dissemination of private sexual images;33
(3) Any person who, since July 1, 1979, has been committed to the34
department of mental health as a criminal sexual psychopath;35
(4) Any person who, since July 1, 1979, has been found not guilty as36
a result of mental disease or defect of any offense referenced in section37
589.414;38
(5) Any juvenile certified as an adult and transferred to a court of39
general jurisdiction who has been adjudicated for an offense listed under40
section 589.414;41
(6) Any juvenile fourteen years of age or older at the time of the42
offense who has been adjudicated for an offense which is equal to or more43
CCS SS SCS HCS HBs 2637 & 3155 108
severe than aggravated sexual abuse under 18 U.S.C. Section 2241, which44
shall include any attempt or conspiracy to commit such offense;45
(7) Any person who is a resident of this state who has, since July 1,46
1979, been or is hereafter adjudicated in any other state, territory, the District47
of Columbia, or foreign country, or under federal, tr ibal, or military48
jurisdiction for an offense which, if committed in this state, would constitute49
an offense listed under section 589.414, or has been or is required to register50
in another state, territory, the District of Columbia, or foreign country, or has51
been or is required to register under tribal, federal, or military law; or52
(8) Any person who has been or is required to register in another state,53
territory, the District of Columbia, or foreign country, or has been or is54
required to register under tribal, federal, or military law and who works or55
attends an educational institution, whether public or private in nature,56
including any secondary school, tr ade school, professional school, or57
institution of higher education on a full-time or on a part-time basis or has a58
temporary residence in Missouri. "Part-time" in this subdivision means for59
more than seven days in any twelve-month period.60
2. Any person to whom sections 589.400 to 589.425 apply shall,61
within three business days of adjudication, release from incarceration, or62
placement upon probation, register with the chief law enforcement official of63
the county or city not within a count y in which such person resides unless64
such person has already registered in th at county for the same offense. For65
any juvenile under subdivision (6) of subsection 1 of this section, within three66
business days of adjudication or release from commitment to the division of67
youth services, the department of mental health, or other placement, such68
juvenile shall register with the chief law enforcement official of the county or69
city not within a county in which he or she resides unless he or she has already70
registered in such county or city not within a county for the same offense. 71
Any person to whom sections 589.400 to 589.425 apply if not currently72
registered in their county of residence shall register with the chief law73
enforcement official of such county or city not within a county within three74
business days. The chief law enforcement official shall forward a copy of the75
registration form required by section 589.407 to a city, town, village, or76
campus law enforcement agency located within the county of the chief law77
enforcement official.78
3. The registration requirements of sections 589.400 through 589.42579
shall be as provided under subsection 4 of this section unless:80
(1) All offenses requiring registration are reversed, vacated, or set81
aside;82
(2) The registrant is no longer required to register and his or her name83
shall be removed from the registry under the provisions of section 589.414;84
or85
(3) The court orders the removal or exemption of such person from the86
registry under section 589.401.87
CCS SS SCS HCS HBs 2637 & 3155 109
4. The registration requirements shall be as follows:88
(1) Fifteen years if the offender is a tier I sex offender as provided89
under section 589.414;90
(2) Twenty-five years if the offender is a tier II sex offender as91
provided under section 589.414; or92
(3) The life of the offender if the offender is a tier III sex offender.93
5. (1) The registration period shall be reduced as described in94
subdivision (3) of this subsection for a sex offender who maintains a clean95
record for the periods described under subdivision (2) of this subsection by:96
(a) Not being adjudicated of any offense for which imprisonment for97
more than one year may be imposed;98
(b) Not being adjudicated of any sex offense;99
(c) Successfully completing any periods of supervised release,100
probation, or parole; and101
(d) Successfully completing an appropriate sex offender treatment102
program certified by the attorney general.103
(2) In the case of a:104
(a) Tier I sex offender, the period during which the clean record shall105
be maintained is ten years;106
(b) Tier III sex offender adjudicated delinquent for the offense which107
required registration in a sex offender registry under sections 589.400 to108
589.425, the period during which the clean record shall be maintained is109
twenty-five years.110
(3) In the case of a:111
(a) Tier I sex offender, the reduction is five years;112
(b) Tier III sex offender adjudicated delinquent, the reduction is from113
life to that period for which the clean record under paragraph (b) of114
subdivision (2) of this subsection is maintained.115
6. For processing an initial sex o ffender registration the chief law116
enforcement officer of the county or city not within a county may charge the117
offender registering a fee of up to ten dollars.118
7. For processing any change in registration required pursuant to119
section 589.414 the chief law enforcement official of the county or city not120
within a county may charge the person changing their registration a fee of five121
dollars for each change made after the initial registration.122
8. Any person currently on the sexual offender registry or who123
otherwise would be required to register for being adjudicated for the offense124
of felonious restraint of a nonsexual nature when the victim was a child and125
he or she was the parent or guardian of the child, nonsexual child abuse that126
was committed under section 568.060, or kidnapping of a nonsexual nature127
when the victim was a child and he or she was the parent or guardian of the128
child shall be removed from the registry. However, such person shall remain129
on the sexual offender registry for any other offense for which he or she is130
required to register under sections 589.400 to 589.425.131
CCS SS SCS HCS HBs 2637 & 3155 110
9. The following persons shall be exempt from registering as a sexual132
offender upon petition to the court of jurisdiction under section 589.401;133
except that, such person shall remain on the sexual offender registry for any134
other offense for which he or she is required to register under sections 589.400135
to 589.425:136
(1) Any person currently on the sexual offender registry or who137
otherwise would be required to register for a sexual offense involving:138
(a) Sexual conduct where no force or threat of force was directed139
toward the victim or any other individual involved, if the victim was an adult,140
unless the adult was under the custodial authority of the offender at the time141
of the offense; or142
(b) Sexual conduct where no force or threat of force was directed143
toward the victim, the victim was at least fourteen years of age, and the144
offender was not more than four years older than the victim at the time of the145
offense; or146
(2) Any person currently required to register for the following sexual147
offenses:148
(a) Promoting obscenity in the first degree under section 573.020;149
(b) Promoting obscenity in the second degree under section 573.030;150
(c) Furnishing pornographic materials to minors under section151
573.040;152
(d) Public display of explicit sexual material under section 573.060;153
(e) Coercing acceptance of obscene material under section 573.065;154
(f) Trafficking for the purpose of slavery, involuntary servitude,155
peonage, or forced labor under section 566.206;156
(g) Abusing an individual through forced labor under section 566.203;157
(h) Contributing to human trafficking through the misuse of158
documentation under section 566.215; or159
(i) Acting as an international marriage broker and failing to provide160
the information and notice as required under section 578.475.161
10. Any person currently on the sexual offender registry for having162
been adjudicated for a tier I or II offense or adjudicated delinquent for a tier163
III offense or other comparable offenses listed under section 589.414 may file164
a petition under section 589.401.165
11. Any nonresident worker, including work as a volunteer or intern,166
or nonresident student shall register for the duration of such person's167
employment, including participation as a volunteer or intern, or attendance at168
any school of higher education whether public or private, including any169
secondary school, trade school, professi onal school, or institution of higher170
education on a full-time or part-time basis in this state unless granted relief171
under section 589.401. Any registered offender shall provide information172
regarding any place in which the offender is staying when away from his or173
her residence for seven or more days, including the period of time the offender174
is staying in such place. Any registered offender from another state who has175
CCS SS SCS HCS HBs 2637 & 3155 111
a temporary residence in this state and resides more than seven days in a176
twelve-month period shall register for the duration of such person's temporary177
residency unless granted relief under section 589.401.]178
589.400. 1. Unless exempt from registering under section 589.401, sections 589.400
to 589.425 shall apply to:2
(1) Any person who, since July 1, 1979, has been or is hereafter adjudicated for an3
offense [referenced in section 589.414, unless such person is exempt from registering under4
subsection 9 or 10 of this section or section 589.401] that would classify the person as a tier5
I offender, tier II offender, or tier III offender in this state;6
(2) [Any person who, since July 1, 1979, has been or is hereafter convicted of, been7
found guilty of, or pl ed guilty or nolo contendere to committing, attempting to commit, or8
conspiring to commit one or more of the following offenses: kidnapping or kidnapping in the9
first degree when the victim was a child and the defendant was not a parent or guardian of the10
child; abuse of a child under section 568.060 when such abuse is sexual in nature; felonious11
restraint or kidnapping in the second degree when the victim was a child and the defendant is12
not a parent or guardian of the child; sexual cont act or sexual intercourse with a resident of a13
nursing home or sexual conduct with a nursing facility resident or vulnerable person in the first14
or second degree; endangering the welfare of a child under section 568.045 when the15
endangerment is sexual in nature; genital mutilation of a female child, under section 568.065;16
promoting prostitution in the first degree; promoting prostitution in the second degree;17
promoting prostitution in the third degree; se xual exploitation of a minor; promoting child18
pornography in the first degree; promoting child pornography in the second degree; possession19
of child pornography; furnishing pornographic mate rial to minors; public display of explicit20
sexual material; coercing acceptance of obscene material; promoting obscenity in the first21
degree; promoting pornography for minors or obscenity in the second degree; incest; use of a22
child in a sexual performance; or promoting sexual performance by a child; patronizing23
prostitution if the individual the person patronizes is less than eighteen years of age;24
(3)] Any person who, since Ju ly 1, 1979, has been committe d to the department of25
mental health as a criminal sexual psychopath;26
[(4)] (3) Any person who, since July 1, 1979, has been found not guilty as a result of27
mental disease or defect of any offense [referenced in section 589.414] that would classify the28
person as a tier I offender, tier II offender, or tier III offender;29
[(5)] (4) Any juvenile certified as an adult and transferred to a court of general30
jurisdiction who has been adjudicated for an offense [listed under section 589.414] that would31
classify the juvenile as a tier I offender, tier II offender, or tier III offender;32
[(6)] (5) Any juvenile fourteen years of age or older at the time of the offense who has33
CCS SS SCS HCS HBs 2637 & 3155 112
been adjudicated for an offense which is equal to or more severe than aggravated sexual abuse34
under 18 U.S.C. Section 2241, which shall include any attempt or conspiracy to commit such35
offense. Juveniles registering under this subdivi sion shall be assigned a tier under the36
provisions of section 589.414 and eligible for removal when meeting all other qualifications37
in sections 589.400 to 589.425. The tier assignment under section 589.414 shall be only for38
the purposes of registration visit frequency and removal eligibility and shall not otherwise39
affect the analysis of whether registration is required under this section;40
[(7)] (6) Any person who is a resident of this state who has, since July 1, 1979, been or41
is hereafter adjudicated in any other state, territory, the District of Columbia, or foreign country,42
or under federal, tribal, or military jurisdiction for an offense which, if committed in this state,43
would constitute an offense [listed under section 589.414] that would classify the person as44
a tier I offender, tier II offender, or tier III offender, or has been or is required to register in45
another state, territory, the District of Columbia, or foreign country, or has been or is required46
to register under tribal, federal, or military law. Persons registering under this subdivision47
shall be assigned a tier under the provisions of section 589.414 and eligible for removal48
when meeting all other qualifications in sections 589.400 to 589.425. The tier assignment49
under section 589.414 shall be only for the purposes of registration visit frequency and50
removal eligibility and shall not otherwise affect the analysis of whether registration is51
required under this section; or52
[(8)] (7) Any person who has been or is required to register in another state, territory,53
the District of Columbia, or foreign country, or has been or is required to register under tribal,54
federal, or military law and who works or attends an educational institution, whether public or55
private in nature, including any secondary school, trade school, professional school, or56
institution of higher education on a full-time or on a part-time basis or has a temporary residence57
in Missouri. ["Part-time" in this subdivision means for more than seven days in any twelve-58
month period.] Persons registering under this subdivision shall be assigned a tier under the59
provisions of section 589.414 and eligible for removal when meeting all other qualifications60
in sections 589.400 to 589.425. The tier assignment under section 589.414 shall be only for61
the purposes of registration visit frequency and removal eligibility and shall not otherwise62
affect the analysis of whether registration is required under this section.63
2. Any person or juvenile to whom sections 589.400 to 589.425 apply shall, within three64
business days of adjudication, release from incarceration, [or] placement upon probation, release65
from commitment to the division of youth services, release from the department of mental66
health, or release from other placement, register with the [chief law enforcement ]67
registration official of the county or city not within a county in which such person or juvenile68
resides unless such person has already registered in that county for the same offense. [For any69
CCS SS SCS HCS HBs 2637 & 3155 113
juvenile under subdivision (6) of subsection 1 of this section, within three business days of70
adjudication or release from commitment to the division of youth services, the department of71
mental health, or other placement, such juvenile shall register with the chief law enforcement72
official of the county or city not within a county in which he or she resides unless he or she has73
already registered in such county or city not within a county for the same offense.] Any person74
or juvenile to whom sections 589.400 to 589.425 apply if not currently registered in their county75
of residence shall register with the [chief law enforcement] registration official [of such county76
or city not within a county ] within three business days. The [chief law enforcement ]77
registration official shall forward a copy of the registration form required by section 589.40778
to a city, town, village, or campus law enforcement agency located within the county of the79
[chief law enforcement] registration official.80
3. [The registration requirements of sections 589.400 through 589.425 shall be as81
provided under subsection 4 of this section unless:82
(1) All offenses requiring registration are reversed, vacated, or set aside;83
(2) The registrant is no longer required to register and his or her name shall be removed84
from the registry under the provisions of section 589.414; or85
(3) The court orders the removal or exemption of such person from the registry under86
section 589.401.87
4.] The registration requirements shall be as follows:88
(1) Fifteen years if the offender is a tier I [sex] offender [as provided under section89
589.414];90
(2) Twenty-five years if the offender is a tier II [sex] offender [as provided under section91
589.414]; or92
(3) The life of the offender if the offender is a tier III [sex] offender.93
[5.] 4. (1) The registration period shall be reduced as described in subdivision (3) of this94
subsection for a sex offender who maintains a clean record for the periods described under95
subdivision (2) of this subsection by:96
(a) Not being adjudicated of any offense for which imprisonment for more than one year97
may be imposed;98
(b) Not being adjudicated of any sex offense;99
(c) Successfully completing any periods of supervised release, probation, or parole; and100
(d) Successfully completing an appropriate sex offender treatment program certified by101
a jurisdiction or the attorney general , regardless of whether such program was court102
ordered or voluntary. If records of program completion are unavailable and completion103
of such program was required as a term of probation, an order discharging the offender104
from probation or other record acknowledging satisfactory completion of probation shall105
CCS SS SCS HCS HBs 2637 & 3155 114
constitute prima facie evidence that the offender successfully completed the necessary sex106
offender treatment program unless rebutted by evidence to the contrary.107
(2) In the case of a:108
(a) Tier I [sex] offender, the period during which the clean record shall be maintained109
is ten years;110
(b) Tier III [sex] offender adjudicated delinquent for the offense which required111
registration in a sex offender registry under sections 589.400 to 589.425, the period during112
which the clean record shall be maintained is twenty-five years.113
(3) In the case of a:114
(a) Tier I [sex] offender, the reduction is five years;115
(b) Tier III [sex] offender adjudicated delinquent, the reduction is from life to that period116
for which the clean record under paragraph (b) of subdivision (2) of this subsection is117
maintained.118
[6.] 5. For processing an initial sex offender registration , the [chief law enforcement119
officer of the county or city not within a county] registration official may charge the offender120
registering a fee of up to ten dollars.121
[7.] 6. For processing any change in registration required pursuant to section 589.414,122
the [chief law enforcement] registration official [of the county or city not within a county] may123
charge the person changing their registration a fee of five dollars for each change made after the124
initial registration.125
[8. Any person currently on the sexual offender registry or who otherwise would be126
required to register for being adjudicated for th e offense of felonious restraint of a nonsexual127
nature when the victim was a child and he or she was the parent or guardian of the child,128
nonsexual child abuse that was committed under section 568.060, or kidnapping of a nonsexual129
nature when the victim was a child and he or she was the parent or guardian of the child shall130
be removed from the registry. However, such person shall remain on the sexual offender131
registry for any other offense for which he or she is required to register under sections 589.400132
to 589.425.133
9. The following persons shall be exempt from registering as a sexual offender upon134
petition to the court of jurisdiction under section 589.401; except that, such person shall remain135
on the sexual offender registry for any other offense for which he or she is required to register136
under sections 589.400 to 589.425:137
(1) Any person currently on the sexual offe nder registry or who otherwise would be138
required to register for a sexual offense involving:139
(a) Sexual conduct where no force or threat of force was directed toward the victim or140
any other individual involved, if the victim was an adult, unless the adult was under the custodial141
CCS SS SCS HCS HBs 2637 & 3155 115
authority of the offender at the time of the offense; or142
(b) Sexual conduct where no force or threat of force was directed toward the victim, the143
victim was at least fourteen years of age, and the offender was not more than four years older144
than the victim at the time of the offense; or145
(2) Any person currently required to register for the following sexual offenses:146
(a) Promoting obscenity in the first degree under section 573.020;147
(b) Promoting obscenity in the second degree under section 573.030;148
(c) Furnishing pornographic materials to minors under section 573.040;149
(d) Public display of explicit sexual material under section 573.060;150
(e) Coercing acceptance of obscene material under section 573.065;151
(f) Trafficking for the purpose of slavery, involuntary servitude, peonage, or forced labor152
under section 566.206;153
(g) Abusing an individual through forced labor under section 566.203;154
(h) Contributing to human trafficking through the misuse of documentation under155
section 566.215; or156
(i) Acting as an international marriage broker and failing to provide the information and157
notice as required under section 578.475.158
10. Any person currently on the sexual offender registry for having been adjudicated for159
a tier I or II offense or adjudicated delinquent for a tier III offense or other comparable offenses160
listed under section 589.414 may file a petition under section 589.401.] 161
7. Any person with a primary residence outside this state who has a temporary162
residence in this state in whic h he or she resides for more than a part-time period shall163
register with the registration official in th e jurisdiction of the temporary residence in164
accordance with this section for the duration of such person's temporary residency.165
[11.] 8. Any [nonresident worker] person who is not a resident of this state and not166
currently registered due to temporary residence under subsection 7 of this section and who167
works, including work as a volunteer or intern, or is a nonresident student shall register for the168
duration of such person's employment, includi ng participation as a volunteer or intern, or169
attendance at any school of higher education, whether public or private, including any secondary170
school, trade school, professional school, or institution of higher education on a full-time or part-171
time basis [in this state unless granted relief under section 589.401. Any registered offender172
shall provide information regarding any place in which the offender is staying when away from173
his or her residence for seven or more days, including the period of time the offender is staying174
in such place. Any registered offender from another state who has a temporary residence in this175
state and resides more than seven days in a twelve-month period shall register for the duration176
of such person's temporary residency unless granted relief under section 589.401 ], as long as177
CCS SS SCS HCS HBs 2637 & 3155 116
the status requiring registration remains active. Such registration shall occur in the county178
or city not within a county where the status requiring registration occurs. If more than one179
county or city not within a county meets the requirement, priority shall be in the following180
order:181
(1) The county of work;182
(2) The county of school; and183
(3) The county of volunteering or any other required status;184
185
with registration being required at only the hi ghest priority county or city not within a186
county where the registerable status remains.187
589.401. 1. A person on the sexual offender registry of this state may file a petition in
the division of the circuit court in the county or city not within a county in which the offense2
requiring registration was [committed] adjudicated to have his or her name exempted or3
removed from the sexual offender registry in accordance with this section.4
2. (1) A person who is required to register in this state because of an offense that was5
adjudicated in another jurisdiction shall file his or her petition for removal , termination, or6
relief from registration, or the declaratory judgment providing for removal, termination,7
or relief from registration according to the laws of the state, federal, territory, tribal, or8
military jurisdiction, the District of Columbia, or foreign country in which his or her offense was9
adjudicated. Upon [the grant of the petition for removal in the] entry of a judgment by a court10
of competent jurisdiction [where the offense was adjudicated] providing that the person is no11
longer required to register as a sex offender under the laws of the adjudicating jurisdiction,12
such judgment may be registered in this state by sending the information required under13
subsection 5 of this section as well as one authenticated copy of the order granting removal from14
the sexual offender registry in the jurisdiction where the offense was adjudicated to the court in15
the county or city not within a county in which the offender is required to register. On receipt16
of a request for registration removal, the registering court shall cause the order to be filed as a17
foreign judgment, together with one copy of the documents and information, regardless of their18
form. The petitioner shall be responsible for costs associated with filing the petition. Nothing19
in this subdivision shall be construed to remove any requirements for a petition under this20
section or to remove the requirement that a person prove he or she is entitled to removal21
under Missouri law, when applicable.22
(2) A person required to register as an offender in this state based solely on an23
offense adjudicated in another jurisdiction may file a petition for removal from this state's24
sexual offender registry, provided that:25
(a) The offense did not require the pers on to register as an offender in the26
CCS SS SCS HCS HBs 2637 & 3155 117
adjudicating jurisdiction at the time the offense was adjudicated; or27
(b) The person never resided, worked, or attended school in the adjudicating28
jurisdiction and was never required to register in the adjudicating jurisdiction.29
(3) A petition filed under subdivision (2) of this subsection shall otherwise satisfy30
the requirements applicable to a petition filed under subdivision (1) of this subsection.31
3. A person required to register as a tier III offender shall not file a petition under this32
section unless the requirement to register results from a juvenile adjudication.33
4. The petition shall be dismissed without prejudice if the following time periods have34
not elapsed since the date the person was required to register for his or her most recent offense35
under sections 589.400 to 589.425:36
(1) For a tier I offense, ten years;37
(2) For a tier II offense, twenty-five years; or38
(3) For a tier III offense adjudicated delinquent, twenty-five years.39
5. The petition shall be dismissed without pr ejudice if it fails to include any of the40
following:41
(1) The petitioner's:42
(a) Full name, including any alias used by the [individual] petitioner;43
(b) Sex;44
(c) Race;45
(d) Date of birth;46
(e) Last four digits of the Social Security number;47
(f) Address; and48
(g) Place of employment, school, or volunteer status;49
(2) The offense and tier of the offense that required the petitioner to register;50
(3) The date the petitioner was adjudicated for the offense;51
(4) The date the petitioner was required to register;52
(5) The case number and court, including the county or city not within a county, that53
entered the original order for the adjudicated sex offense;54
(6) Petitioner's original fingerprints on an applicant fingerprint card;55
(7) If the petitioner was pardoned or an offense requiring registration was reversed,56
vacated, or set aside, an authenticated copy of the order; and57
(8) If the petitioner is currently registered under applicable law and has not been58
adjudicated for failure to register in any jurisdiction and does not have any charges pending for59
failure to register.60
6. The petition shall name as respondents the Missouri state highway patrol and the61
[chief law enforcement] registration official in the county or city not within a county in which62
CCS SS SCS HCS HBs 2637 & 3155 118
the petition is filed.63
7. All proceedings under this section shall be governed under the Missouri supreme64
court rules of civil procedure.65
8. The person seeking removal or exemption from the registry shall provide the66
prosecuting attorney in the circuit court in which the petition is filed with notice of the petition. 67
The prosecuting attorney may present evidence in opposition to the requested relief or may68
otherwise demonstrate the reasons why the petition should be denied. Failure of the person69
seeking removal or exemption from the registry to notify the prosecuting attorney of the petition70
shall result in an automatic denial of such person's petition.71
9. The Missouri state highway patrol, the prosecuting attorney in the circuit court in72
which the petition is filed , and the petitioner shall have access to all applicable records73
concerning the petitioner including, but not limited to, criminal history records, mental health74
records, juvenile records, and records of the department of corrections or probation and parole.75
10. The prosecuting attorney shall make reasonable efforts to notify the victim of the76
crime for which the person was required to register of the petition and the dates and times of any77
hearings or other proceedings in connection with such petition.78
11. The court shall not enter an order directing the removal of the petitioner's name from79
the sexual offender registry unless it finds the petitioner:80
(1) Has not been adjudicated or does not have charges pending for any additional81
nonsexual offense for which imprisonment for more than one year may be imposed since the82
date the offender was required to register for his or her current tier level;83
(2) Has not been adjudicated or does not have charges pending for any additional sex84
offense that would require registration under sections 589.400 to 589.425 since the date the85
offender was required to register for his or he r current tier level, even if the offense was86
punishable by less than one year imprisonment;87
(3) Has successfully completed any required periods of supervised release, probation,88
or parole without revocation since the date the offender was required to register for his or her89
current tier level, or, in the case of lifetime supervision or probation, such term has been90
reduced or terminated by a court of competent jurisdiction;91
(4) Has successfully completed an appropriate sex offender treatment program as92
approved by a court of competent jurisdiction or the Missouri department of corrections; and93
(5) Is not a current or potential threat to public safety.94
12. In order to meet the criteria required by subdivisions (1) and (2) of subsection 11 of95
this section, the fingerprints filed in the case shall be examined by the Missouri state highway96
patrol. The petitioner shall be responsible for all costs associated with the fingerprint-based97
criminal history check of both state and federal files under section 43.530.98
CCS SS SCS HCS HBs 2637 & 3155 119
13. If the petition is denied due to an adjudication in violation of subdivision (1) or (2)99
of subsection 11 of this secti on, the petitioner sh all not file a new petition under this section100
until:101
(1) Fifteen years have passed from the date of the adjudication resulting in the denial of102
relief if the petitioner is classified as a tier I offender;103
(2) Twenty-five years have passed from the date of adjudication resulting in the denial104
of relief if the petitioner is classified as a tier II offender; or105
(3) Twenty-five years have passed from the date of the adjudication resulting in the106
denial of relief if the petitioner is classified as a tier III offender on the basis of a juvenile107
adjudication.108
14. If the petition is denied due to the petitioner having charges pending in violation of109
subdivision (1) or (2) of subsection 11 of this section, the petitioner shall not file a new petition110
under this section until:111
(1) The pending charges resulting in the denial of relief have been finally disposed of112
in a manner other than adjudication; or113
(2) If the pending charges result in an adjudication, the necessary time period has114
elapsed under subsection 13 of this section.115
15. (1) Except as provided in subdivision (2) of this subsection, if the petition is116
denied for reasons other than those outlined in subsection 11 of this section, no successive117
petition requesting such relief shall be filed for at least five years from the date the judgment118
denying relief is entered.119
(2) If the denial was based on a stat ute or law that has since been amended,120
repealed, or invalidated, a person may file a new petition within the five-year period. In121
addition to the requirements under subsection 5 of this section, the new petition shall122
include the case number and court of the prior petition and identify the applicable change123
in the statute or law.124
16. If the court finds the petitioner is entitled to have his or her name removed from the125
sexual offender registry, the court shall enter j udgment directing the removal of the name. A126
copy of the judgment shall be provided to the respondents named in the petition.127
17. Any person subject to the judgment requiring his or her name to be removed from128
the sexual offender registry is not required to register under sections 589.400 to 589.425 unless129
such person is required to register for an offense that was different from that listed on the130
judgment of removal.131
18. The court shall not deny the petition unle ss the petition failed to comply with the132
provisions of sections 589.400 to 589.425 or the prosecuting attorney provided evidence133
demonstrating the petition should be denied.134
CCS SS SCS HCS HBs 2637 & 3155 120
19. (1) The provisions of subsections 3 and 4 of this section shall not apply to135
persons filing for exemption pursuant to this subsection.136
(2) Except as provided in this subsection, a petition for exemption shall be governed137
by the other requirements provided in this section.138
(3) A petition for exemption under this subsection shall be the exclusive remedy for139
adjudicating the applicability of the exemptions in this subsection.140
(4) A person shall be ordered exempt fr om registration if the person meets the141
requirements of this section and the offense requiring registration is:142
(a) Sexual conduct where no force or threat of force was directed toward the victim,143
the victim was at least fourteen years of age, and the person was not more than four years144
older than the victim at the time of the offense, unless the victim was under the custodial145
authority of the offender at the time of the offense;146
(b) Sexual conduct where no force or threat of force was directed toward the victim147
or any other individual involved if the victim or other individual was eighteen years of age148
or older, unless the victim was under the custodial authority of the offender at the time of149
the offense;150
(c) Promoting obscenity in the first degree under section 573.020;151
(d) Promoting obscenity in the second degree under section 573.030;152
(e) Furnishing pornographic materials to minors under section 573.040;153
(f) Public display of explicit sexual material under section 573.060; or154
(g) Coercing acceptance of obscene material under section 573.065.155
(5) The person shall have the burden of proving the person meets the requirements156
for exemption. In determining whether the person meets the requirements, a court may157
look beyond the offense of conviction and consider the underlying facts and conduct of the158
offense when evaluating noncategorical exemptions.159
(6) If a court determines a person to be exempt, the provisions of sections 589.400160
to 589.425 shall not apply for the purposes of th e exempt offense. In the event a person161
currently registering is found to be exempt from the registration visit requirements, the162
person shall also be removed from the sexual offender registry.163
(7) Nothing in this subsection shall proh ibit a person from remaining or being164
placed on the sexual offender registry for any other nonexempt offense for which the165
person is required to register under sections 589.400 to 589.425.166
(8) If a petition for exemption is filed before a person is required to register under167
sections 589.400 to 589.425, the requirements of sections 589.400 to 589.425 shall be168
automatically stayed pending the outcome. In the event a petition is denied, the169
requirements of sections 589.400 to 589.425 shall be in effect three business days following170
CCS SS SCS HCS HBs 2637 & 3155 121
the exhaustion of all appeal rights. Nothing in this subdivision shall alter or be construed171
to give any court authority to alter ongoing requirements for persons whose initial172
registration requirement begins prior to the filing of a petition for exemption until a final173
order of exemption is entered.174
20. The provisions of subsections 3 and 4 of this section shall not apply to persons175
filing for removal if the offense requiring registration is reversed, vacated, or set aside. A176
petition for removal due to the offense being reversed, vacated, or set aside shall be filed177
in accordance with all other requirements of this section and shall be the exclusive remedy178
for removal in such situations. Such petition shall include a certified copy of the action179
reversing, vacating, or setting aside the offense requiring registration.180
21. This section shall be the sole remedy for removal or exemption for persons181
adjudicated of a registerable offense. No declaratory action shall be filed for relief from182
registration requirements, except if registration, or threat thereof, is the result of an183
offense never requiring registration. Nothin g in this subsection shall be construed to184
prohibit the filing of a declaratory action solely on the issue of what tier an offender should185
be classified under.186
22. Notwithstanding any other provision of law, no person convicted of an offense187
that requires him or her to register under sections 589.400 to 589.425 shall change his or188
her legal name for the period of time he or sh e is required to register. To the extent the189
person has a prior legal name that was utilized on or after the date of conviction for any190
offense requiring registration, such name shall be reported under this section as an alias.191
589.403. 1. Any person who is required to register under sections 589.400 to 589.425
and who is paroled, discharged, or otherwise released from any correctional facility of the2
department of corrections, any mental health institution, private jail under section 221.095, or3
other private facility recognized by or contract ed with the department of corrections or4
department of mental health where such person was confined shall:5
(1) If the person plans to reside in this state, be informed by the official in charge of such6
correctional facility, private jail, or mental h ealth institution of the person's possible duty to7
register pursuant to sections 589.400 to 589.425. If such person is required to register pursuant8
to sections 589.400 to 589.425, the official in charge of the correctional facility, private jail, or9
the mental health institution shall complete the initial registration notification at least seven days10
prior to release and [forward] report the offender's initial registration [,] notification in11
accordance with subsection 1 of section 589.410 within three business days of release[,] to the12
Missouri state highway patrol and the [chief law enforcement] registration official of the county13
or city not within a county where the person expects to reside upon discharge, parole, or release;14
or15
CCS SS SCS HCS HBs 2637 & 3155 122
(2) If the person does not reside or plan to reside in Missouri, be informed by the official16
in charge of such correctional facility, private ja il, or mental health institution of the person's17
possible duty to register under sections 589.400 to 589.425. If such person is required to register18
under sections 589.400 to 589.425, the official in charge of the correctional facility, private jail,19
or [the] mental health institution shall complete the initial registration notification at least seven20
days prior to release and [forward] report the offender's initial registration[,] notification in21
accordance with subsection 1 of section 589.410 within three business days of release[,] to the22
Missouri state highway patrol and the [chief law enforcement] registration official [within] of23
the county or city not within a county where the correctional facility, private jail, or mental24
health institution is located.25
2. If the offender refuses to complete and sign the registration information as outlined26
in this section or fails to register with the [chief law enforcement] registration official within27
three business days as directed, the offender commits the offense of failure to register under28
section 589.425 within the jurisdiction where the correctional facility, private jail, or mental29
health institution is located.30
589.404. As used in sections 589.400 to 589.425, the following terms mean:
(1) "Adjudicated" or "adjudication", adjudication of delinquency, a finding of guilt, plea2
of guilt, finding of not guilty due to mental dis ease or defect, or plea of nolo contendere to3
committing, attempting to commit, or conspiring to commit. Adjudication does not require4
the imposition of sentence for the purposes of sections 589.400 to 589.425. The term5
"adjudication" shall include by reference all acts meeting the definition of "conviction"6
under Section 111 of the Sex Offender Registrati on and Notification Act, Title I of the7
Adam Walsh Child Protection and Safety Act of 2006, P.L. 109-248, as amended;8
(2) "Adjudicated delinquent", a person found to have committed an offense that, if9
committed by an adult, would be a criminal offense;10
(3) "Chief law enforcement official", the sheriff's office of each county or the police11
department of a city not within a county;12
(4) "Electronic mail", the transmission of information or communication by the13
use of the internet, a computer, a facsimile machine, a pager, a cellular telephone or other14
wireless communication device, a video recorder, or other electronic means sent to a15
person identified by a unique address or address number and received by that person;16
(5) "Entity", a business or organization that provides internet service, electronic17
communications service, remote computing service, online service, electronic mail service,18
or electronic instant message or chat services regardless of whether the business or19
organization is within or outside this state;20
(6) "Instant message", a form of real -time text communication between two or21
CCS SS SCS HCS HBs 2637 & 3155 123
more people. The communication is convey ed via computers connected over a network22
such as the internet, or between cell phone or wireless communication device users, or over23
a cell phone or wireless communication device network;24
(7) "Offender registration", the required minimum informational content of sex offender25
registries, which shall consist of, but not be limited to, a full set of fingerprints on a standard sex26
offender registration card upon initial registration in Missouri, as well as all other forms and in27
whatever manner required by the Missouri state highway patrol upon each initial and28
subsequent registration;29
(8) "Online identifier", includes all of the following: electronic mail address,30
instant message screen name, user ID, cell phone number or wireless communication31
device number or identifier, chat or other internet communication name, social media32
profiles, IP addresses, or other identity information specified on the registration form by33
the Missouri state highway patrol;34
(9) "Part-time", more than seven days in any twelve-month period;35
(10) "Probation officer", includes any agent of a private entity assigned to provide36
probation supervision services to an offender due to the offender's status as a sexual37
offender who is required to register pursuant to sections 589.400 to 589.425;38
(11) "Registration official", the chief law enforcement official for the county or city39
not within a county in which the offender is required to register;40
[(5)] (12) "Residence", [any place where an offender sleeps for seven or more41
consecutive or nonconsecutive days or nights within a twelve-month period] the domicile of the42
offender;43
[(6)] (13) "Sex offender", any person who meets the criteria to register under sections44
589.400 to 589.425 or under the Sex Offender Registration and Notification Act, Title I of the45
Adam Walsh Child Protection and Safety Act of 2006, P.L. 109-248, as amended;46
(14) "Sex offender registry", a system maintained by the Missouri state highway47
patrol to collect, store, and disseminate all initial notification information, registration48
information, offender status, and all other information required under sections 589.400 to49
589.425. The sex offender registry is a distinct system from the website maintained by the50
Missouri state highway patrol, which displays a distinct set of information contained within51
the sex offender registry publicly on the web in accordance with this section;52
[(7)] (15) "Sex offense", any offense [which] that is listed [under section 589.414 or53
comparable to those listed under section 589.414 or otherwise ] as a tier I offense, tier II54
offense, or tier III offense, that is comparable to offenses listed as a tier I offense, tier II55
offense, or tier III offense, or that is otherwise comparable to offenses covered under the Sex56
Offender Registration and Notifi cation Act, Title I of the Adam Walsh Child Protection and57
CCS SS SCS HCS HBs 2637 & 3155 124
Safety Act of 2006, P.L. 109-248, as amended;58
[(8)] (16) "Sexual act", any type or degree of genital, oral, or anal penetration;59
[(9)] (17) "Sexual conduct", sexual intercourse, deviate sexual intercourse, or sexual60
contact;61
[(10)] (18) "Sexual contact", any touching of another person with the genitals or any62
touching of the genitals or anus of another person, or the breast of a female person, or such63
touching through the clothing, or causing semen, seminal fluid, or other ejaculate to come into64
contact with another person, for the purpose of arousing or gratifying the sexual desire of any65
person or for the purpose of terrorizing the victim;66
[(11)] (19) "Sexual element", used for the purposes of distinguishing if sexual contact67
or a sexual act was committed. Authorities shall refer to information filed by the prosecutor,68
amended information filed by the prosecutor, indictment information filed by the prosecutor, or69
amended indictment information filed by the prosecutor, the plea agreement, or court70
documentation to determine if a sexual element exists;71
[(12)] (20) "Signature", the name of the offender signed in writing or electronic form72
approved by the Missouri state highway patrol;73
[(13)] (21) "Student", an individual who enrolls in or attends the physical location of an74
educational institution, including a public or pr ivate secondary school, trade or professional75
school, or an institution of higher education;76
(22) "Temporary residence", any place where a person sleeps for seven or more77
consecutive or nonconsecutive days or nights within a twelve-month period, other than the78
person's domicile;79
(23) "Tier I offender":80
(a) An individual who has been adjudicated for a tier I offense; or81
(b) Any offender who is or has been adjudicated in any other state, territory, the82
District of Columbia, or foreign country, or under federal, tribal, or military jurisdiction83
for an offense comparable to a tier I offense or that meets the definition of a tier I offense84
under the Sex Offender Registration and Notification Act, Title I of the Adam Walsh Child85
Protection and Safety Act of 2006, P.L. 109-248, as amended;86
(24) "Tier II offender":87
(a) An individual who has been adjudicated for a tier II offense; or88
(b) Any offender who is adjudicated for an offense comparable to a tier I offense89
or failure to register offense under section 589.425 or comparable out-of-state failure to90
register offense and who is already required to register as a tier I offender due to having91
been adjudicated of a tier I offense on a previous occasion; or92
(c) Any offender who is or has been adjudicated in any other state, territory, the93
CCS SS SCS HCS HBs 2637 & 3155 125
District of Columbia, or foreign country, or under federal, tribal, or military jurisdiction94
for an offense of a sexual nature or with a se xual element that is comparable to a tier II95
offense or that meets the definition of a tier II offense under the Sex Offender Registration96
and Notification Act, Title I of the Adam Walsh Child Protection and Safety Act of 2006,97
P.L. 109-248, as amended;98
(25) "Tier III offender":99
(a) An individual who has been adjudicated for a tier III offense;100
(b) Any offender registered as a predatory sexual offender or a persistent sexual101
offender, as the terms "predatory sexual offender" and "persistent sexual offender" are102
defined in section 566.125;103
(c) Any offender who is adjudicated for an offense comparable to a tier I offense104
or tier II offense or failure to register offense under section 589.425, or other comparable105
out-of-state failure to register offense, who has been or is already required to register as106
a tier II offender because of having been ad judicated for a tier II offense, two tier I107
offenses, or a combination of a tier I offense and a failure to register offense, on a previous108
occasion;109
(d) Any offender who is adjudicated in an y other state, territory, the District of110
Columbia, or foreign country, or under federa l, tribal, or military jurisdiction for an111
offense of a sexual nature or with a sexual element that is comparable to a tier III offense112
or that meets the definition of a tier III offense under the Sex Offender Registration and113
Notification Act, Title I of the Adam Walsh Child Protection and Safety Act of 2006, P.L.114
109-248, as amended; or115
(e) Any offender who is adjudicated in this state for any offense of a sexual nature116
or with a sexual element requiring registration under sections 589.400 to 589.425 that is117
not classified as a tier I offense or tier II offense in this section;118
(26) "Tier I offense", the following adjudicated offenses:119
(a) Kidnapping in the first degree under section 565.110 with sexual motivation if120
the victim is eighteen years of age or older;121
(b) Kidnapping in the second degree under section 565.120 with sexual motivation122
if the victim is eighteen years of age or older;123
(c) Kidnapping in the third degree under section 565.130 with sexual motivation124
if the victim is eighteen years of age or older;125
(d) Invasion of privacy under section 565.252 if the victim is less than eighteen126
years of age;127
(e) Child molestation in the second degree under section 566.068 as it existed prior128
to January 1, 2017, if the punishment is less than one year;129
CCS SS SCS HCS HBs 2637 & 3155 126
(f) Sexual misconduct involving a child under section 566.083 if it is a first offense130
and the punishment is less than one year;131
(g) Sexual misconduct in the first degree under section 566.093;132
(h) Sexual misconduct in the second degree under section 566.095;133
(i) Sexual abuse in the first degree under section 566.100 if the victim is eighteen134
years of age or older;135
(j) Sexual abuse in the second degree under section 566.101 if the punishment is less136
than a year;137
(k) Sex with an animal under section 566.111;138
(l) Sexual conduct with a nursing facility resident or vulnerable person in the first139
degree under section 566.115 if the punishment is less than one year;140
(m) Sexual conduct under section 566.116 with a nursing facility resident or141
vulnerable person;142
(n) Sexual conduct in the course of public duty under section 566.145 if the victim143
is eighteen years of age or older;144
(o) Trafficking for the purpose of sexual exploitation under section 566.209 if the145
victim is eighteen years of age or older;146
(p) Promoting obscenity in the first degree under section 573.020 if the victim is less147
than eighteen years of age;148
(q) Promoting pornography for minors or obscenity in the second degree under149
section 573.030 if the victim is less than eighteen years of age;150
(r) Possession of child pornography under section 573.037 as it existed prior to151
August 28, 2026;152
(s) Possession of child sexual abuse material under section 573.037;153
(t) Furnishing pornographic material to minors under section 573.040;154
(u) Public display of explicit sexual material under section 573.060 if the victim is155
less than eighteen years of age; or156
(v) Coercing acceptance of obscene material under section 573.065 if the victim is157
less than eighteen years of age;158
(27) "Tier II offense", the following adjudicated offenses:159
(a) Statutory sodomy in the second degree under section 566.064 if the victim is160
sixteen to seventeen years of age;161
(b) Child molestation in the third de gree under section 566.069 if the victim is162
between thirteen and fourteen years of age;163
(c) Child molestation in the fourth degree under section 566.071 if the victim is164
thirteen to seventeen years of age;165
CCS SS SCS HCS HBs 2637 & 3155 127
(d) Sexual misconduct involving a child under section 566.083 if it is a first offense166
and the penalty is a term of imprisonment of one year or more;167
(e) Sexual contact with a student under section 566.086 if the victim is thirteen to168
seventeen years of age;169
(f) Sexual abuse in the first degree under section 566.100 if the victim is thirteen170
to seventeen years of age;171
(g) Sexual conduct in the course of public duty under section 566.145 if the victim172
is thirteen to seventeen years of age;173
(h) Grooming or enticement of a minor under section 566.151;174
(i) Age misrepresentation with intent to solicit a minor under section 566.153;175
(j) Patronizing prostitution under section 567.030 if the person patronized is176
eighteen years of age or older;177
(k) Promoting prostitution in the first degree under section 567.050 if the victim178
is eighteen years of age or older;179
(l) Promoting prostitution in the second degree under section 567.060 if the victim180
is eighteen years of age or older;181
(m) Promoting prostitution in the third degree under section 567.070 if the victim182
is eighteen years of age or older;183
(n) Abuse of a child under section 568.060 if the offense is of a sexual nature and184
the victim is thirteen to seventeen years of age;185
(o) Sexual exploitation of a minor under section 573.023;186
(p) Promoting child pornography in the first degree under section 573.025 as it187
existed prior to August 28, 2026;188
(q) Promoting child sexual abuse material in the first degree under section 573.025;189
(r) Promoting child pornography in the second degree under section 573.035 as it190
existed prior to August 28, 2026;191
(s) Promoting child sexual abuse material in the second degree under section192
573.035;193
(t) Nonconsensual dissemination of private sexual images under section 573.110 if194
the victim is seventeen years of age or under or if coercion of the victim was sexual in195
nature; or196
(u) Threatening the nonconsensual dissemination of private sexual images under197
section 573.112 if the victim is seventeen years of age or under or if coercion of the victim198
was sexual in nature;199
(28) "Tier III offense", the following adjudicated offenses:200
(a) Kidnapping in the first degree und er section 565.110 if the victim is under201
CCS SS SCS HCS HBs 2637 & 3155 128
eighteen years of age, excluding kidnapping by a parent or guardian of a nonsexual nature;202
(b) Kidnapping in the second degree under section 565.120 if the victim is under203
eighteen years of age, excluding kidnapping by a parent or guardian of a nonsexual nature;204
(c) Kidnapping in the third degree under section 565.130 if the victim is under205
eighteen years of age, excluding kidnapping by a parent or guardian of a nonsexual nature;206
(d) Child kidnapping under section 565.115;207
(e) Rape in the first degree under section 566.030;208
(f) Rape in the second degree under section 566.031;209
(g) Statutory rape in the first degree under section 566.032;210
(h) Statutory rape in the second degree under section 566.034;211
(i) Sodomy in the first degree under section 566.060;212
(j) Sodomy in the second degree under section 566.061;213
(k) Statutory sodomy in the first degree under section 566.062;214
(l) Statutory sodomy in the second degree under section 566.064 if the victim is215
under sixteen years of age;216
(m) Child molestation in the first degree under section 566.067;217
(n) Child molestation in the second degree under section 566.068;218
(o) Child molestation in the third degree under section 566.069 if the victim is219
under thirteen years of age;220
(p) Child molestation in the fourth degree under section 566.071 if the victim is221
under thirteen years of age;222
(q) Sexual misconduct involving a child under section 566.083 if the offense is a223
second or subsequent offense;224
(r) Sexual contact with a student under section 566.086 if the victim is under225
thirteen years of age;226
(s) Sexual abuse in the first degree under section 566.100 if the victim is under227
thirteen years of age;228
(t) Sexual abuse in the second degree under section 566.101 if the penalty is a term229
of imprisonment of one year or more;230
(u) Sexual conduct with a nursing facility resident or vulnerable person in the first231
degree under section 566.115 if the punishment is one year or more;232
(v) Sexual conduct in the course of public duty under section 566.145 if the victim233
is under thirteen years of age;234
(w) Trafficking for the purpose of sexual exploitation under section 566.209 if the235
victim is under eighteen years of age;236
(x) Sexual trafficking of a child in the first degree under section 566.210;237
CCS SS SCS HCS HBs 2637 & 3155 129
(y) Sexual trafficking of a child in the second degree under section 566.211;238
(z) Patronizing prostitution under section 567.030 if the offender is a persistent239
offender or if the person patronized is less than eighteen years of age;240
(aa) Promoting prostitution in the first degree under section 567.050 if the victim241
is under eighteen years of age;242
(bb) Promoting prostitution in the second degree under section 567.060 if the victim243
is under eighteen years of age;244
(cc) Promoting prostitution in the third degree under section 567.070 if the victim245
is under eighteen years of age;246
(dd) Promoting travel for prostitution under section 567.085 if the victim is under247
eighteen years of age;248
(ee) Incest under section 568.020;249
(ff) Endangering the welfare of a child in the first degree under section 568.045 if250
the offense is sexual in nature or if the offense involves sexual intercourse or deviate sexual251
intercourse with a victim under eighteen years of age;252
(gg) Abuse of a child under section 568.060 if the offense is of a sexual nature and253
the victim is under thirteen years of age;254
(hh) Genital mutilation of a female child under section 568.065;255
(ii) Use of a child in a sexual performance under section 573.200; or256
(jj) Promoting a sexual performance by a child under section 573.205;257
[(14)] (29) "Vehicle", any land vehicle, watercraft, or aircraft.258
589.405. 1. Any person who is required to register under sections 589.400 to 589.425
and who is released on probation, discharged upon payment of a fine, or released after2
confinement in a county jail shall, prior to such release or discharge and at the time of3
adjudication, be informed of the possible duty to register pursuant to sections 589.400 to 589.4254
by the court having jurisdiction over the case. If such person is required to register pursuant to5
sections 589.400 to 589.425 and is placed on probati on, the court shall make it a condition of6
probation that the offender report within three business days to the [chief law enforcement ]7
registration official of the county of adjudication or city not within a county of adjudication to8
complete initial registration. If such offender is not placed on probation, the court shall:9
(1) If the offender resides in Missouri, complete the initial notification of duty to register10
form approved by the state judicial records committee and the Missouri state highway patrol and11
forward the form within three business days to the Missouri state highway patrol and the [chief12
law enforcement] registration official in the county or city not within a county in which the13
offender resides; or14
(2) If the offender does not reside in Missouri:15
CCS SS SCS HCS HBs 2637 & 3155 130
(a) Order the offender to report directly to the [chief law enforcement] registration16
official in the county or city not within a county where the adjudication was heard to register as17
provided in sections 589.400 to 589.425; and18
(b) Complete the initial notification of duty to register form approved by the state19
judicial records committee and the Missouri state highway patrol and forward the form within20
three business days to the Missouri state highway patrol and the [chief law enforcement ]21
registration official in the county or city not within a county wher e the offender was22
adjudicated.23
2. If the offender resides in Missouri and refuses to complete and sign the registration24
information as provided in subdivision (1) of s ubsection 1 of this section, or if the offender25
resides outside of Missouri and refuses to directly report to the [chief law enforcement ]26
registration official as provided in subdivision (2) of subsection 1 of this section, the offender27
commits the offense of failure to register under section 589.425.28
[589.407. 1. Any registration pursuant to sections 589.400 to 589.425
shall consist of completion of an offender registration form developed by the2
Missouri state highway patrol or other format approved by the Missouri state3
highway patrol. Such form shall consist of a statement, including the4
signature of the offender, and shall include, but is not limited to, the5
following:6
(1) A statement in writing signed by the person, giving the name,7
address, date of birth, biological sex, as defined in section 191.1720, Social8
Security number, and phone number of the person, the license plate number9
and vehicle description, including the year, make, model, and color of each10
vehicle owned or operated by the offender, any online identifiers[, as defined11
in section 43.651, ] used by the person, the place of employment of such12
person, enrollment within any institu tions of higher education, the crime13
which requires registration, whether the person was sentenced as a persistent14
or predatory offender pursuant to section 566.125, the date, place, and a brief15
description of such crime, the date and place of the conviction or plea16
regarding such crime, the age and gende r of the victim at the time of the17
offense and whether the person successfully completed the Missouri sexual18
offender program pursuant to section 589.040, if applicable;19
(2) The fingerprints and palm prints of the person;20
(3) Unless the offender's appearance has not changed significantly, a21
photograph of such offender as follows:22
(a) Quarterly if a tier III sex offender [under section 589.414]. Such23
photograph shall be taken every ninety days beginning in the month of the24
person's birth;25
(b) Semiannually if a tier II sex offender. Such photograph shall be26
taken in the month of the person's birth and six months thereafter; and27
(c) Yearly if a tier I sex offender. Such photograph shall be taken in28
CCS SS SCS HCS HBs 2637 & 3155 131
the month of the person's birth; [and]29
(4) A DNA sample from the individual, if a sample has not already30
been obtained; and31
(5) Information regarding any temporary residence where the32
offender is staying away from his or her primary residence for seven or33
more days, including the period of ti me the offender is staying in such34
place, regardless of whether the te mporary residence is in Missouri or35
any other place.36
2. The offender shall provide positive identification and37
documentation to substantiate the accuracy of the information completed on38
the offender registration form, including but not limited to the following:39
(1) A photocopy of a valid driver's license or nondriver's identification40
card;41
(2) A document verifying proof of the offender's residency; and42
(3) A photocopy of the vehicle registration for each of the offender's43
vehicles.44
3. The Missouri state highway patrol shall maintain all required45
registration information in digitized form.46
4. [Upon receipt of any changes to an offender's registration47
information contained in this section, the Missouri state highway patrol shall48
immediately notify all other jurisdictions in which the offender is either49
registered or required to register.50
5.] The offender shall be responsible for reviewing his or her existing51
registration information for accuracy at every regular in-person appearance52
and, if any inaccuracies are found, pr ovide proof of the information in53
question.54
5. (1) Regular in-person appearances to the registration official55
following initial registration shall be required:56
(a) Annually for tier I offenders;57
(b) Every six months for tier II offenders; and58
(c) Every ninety days for tier III offenders.59
(2) For the purposes of establishing a schedule for registration60
appearances, the registration offici al shall ensure that the required61
registration interval is followed from the date of any initial registration62
until the month of an offender's birth and at the appropriate interval63
beginning from the month of the offender's birth thereafter.64
6. The signed offender registration form shall serve as proof that the65
individual understands his or her duty to register as a sexual offender under66
sections 589.400 to 589.425 and a statement to this effect shall be included on67
the form that the individual is required to sign at each registration.68
7. If an offender has a guardian appointed by a court of69
competent jurisdiction, the guardian may sign affirming the accuracy of70
the offender registration form under this section. Nothing in this71
subsection shall alleviate the requirements of the offender to appear in72
CCS SS SCS HCS HBs 2637 & 3155 132
person, nor shall this subsection be construed to affect any restrictions73
applicable to an offender because of the offender's status on the sexual74
offender registry.75
8. Notwithstanding subsection 1 of section 527.270, no person76
required to register under sections 589.400 to 589.425 shall change his or77
her name for the period of time he or she is required to be placed on the78
registry.]79
589.407. 1. Any registration pursuant to sections 589.400 to 589.425 shall consist of
completion of an offender registration form developed by the Missouri state highway patrol or2
other format approved by the Missouri state highway patrol. Such form shall consist of a3
statement, including the signature of the offende r, and shall include, but is not limited to, the4
following:5
(1) A statement in writing signed by the person, giving the name, address, date of birth,6
biological sex, as designated on the birth certificate, Social Security number, and phone7
number of the person, the license plate number and vehicle description, including the year,8
make, model, and color of each vehicle owned or operated by the offender, any online9
identifiers[, as defined in section 43.651,] used by the person, the place of employment of such10
person, enrollment within any institutions of higher education, the crime which requires11
registration, whether the person was sentenced as a persistent or predatory offender pursuant to12
section 566.125, the date, place, and a brief description of such crime, the date and place of the13
conviction or plea regarding such crime, the age and gender of the victim at the time of the14
offense and whether the person successfully completed the Missouri sexual offender program15
pursuant to section 589.040, if applicable;16
(2) The fingerprints and palm prints of the person;17
(3) Unless the offender's appearance has not changed significantly, a photograph of such18
offender as follows:19
(a) Quarterly if a tier III sex offender [under section 589.414]. Such photograph shall20
be taken every ninety days beginning in the month of the person's birth;21
(b) Semiannually if a tier II sex offender. Such photograph shall be taken in the month22
of the person's birth and six months thereafter; and23
(c) Yearly if a tier I sex offender. Such photograph shall be taken in the month of the24
person's birth; [and]25
(4) A DNA sample from the individual, if a sample has not already been obtained; and26
(5) Information regarding any temporary residence where the offender is staying27
away from his or her primary residence for se ven or more days, including the period of28
time the offender is staying in such place, regardless of whether the temporary residence29
is in Missouri or any other place.30
CCS SS SCS HCS HBs 2637 & 3155 133
2. The offender shall provide positive identification and documentation to substantiate31
the accuracy of the information completed on the offender registration form, including but not32
limited to the following:33
(1) A photocopy of a valid driver's license or nondriver's identification card;34
(2) A document verifying proof of the offender's residency; and35
(3) A photocopy of the vehicle registration for each of the offender's vehicles.36
3. The Missouri state highway patrol shall maintain all required registration information37
in digitized form.38
4. [Upon receipt of any changes to an offender's registration information contained in39
this section, the Missouri state highway patrol shall immediately notify all other jurisdictions40
in which the offender is either registered or required to register.41
5.] The offender shall be responsible for reviewing his or her existing registration42
information for accuracy at every regular in-p erson appearance and, if any inaccuracies are43
found, provide proof of the information in question.44
5. (1) Regular in-person appearances to the registration official following initial45
registration shall be required:46
(a) Annually for tier I offenders;47
(b) Every six months for tier II offenders; and48
(c) Every ninety days for tier III offenders.49
(2) For the purposes of establishing a schedule for registration appearances, the50
registration official shall ensure that the required registration interval is followed from the51
date of any initial registration until the month of an offender's birth and at the appropriate52
interval beginning from the month of the offender's birth thereafter.53
6. The signed offender registration form sh all serve as proof that the individual54
understands his or her duty to register as a sexual offender under sections 589.400 to 589.42555
and a statement to this effect shall be included on the form that the individual is required to sign56
at each registration.57
7. If an offender has a guardian appointed by a court of competent jurisdiction, the58
guardian may sign affirming the accuracy of the offender registration form under this59
section. Nothing in this subsection shall alleviate the requirements of the offender to60
appear in person, nor shall this subsectio n be construed to affect any restrictions61
applicable to an offender because of the offender's status on the sexual offender registry.62
8. Notwithstanding subsection 1 of section 527.270, no person required to register63
under sections 589.400 to 589.425 shall change his or her name for the period of time he64
or she is required to be placed on the registry.65
CCS SS SCS HCS HBs 2637 & 3155 134
589.410. 1. All notifications of a requirement to register shall be reported to the
sex offender registry within three days, in a manner prescribed by the Missouri state2
highway patrol.3
2. The [chief law enforcement] registration official shall [forward] enter the completed4
offender registration [form to] forms and related updates into the sex offender registry in a5
manner prescribed by the Missouri state highway patrol within three days. The Missouri state6
highway patrol shall [enter] ensure the information entered into the sex offender registry is7
accessible through the Missouri uniform law enforcement system (MULES) [where it is] and8
forwarded to the National Crime Inform ation Center (NCIC) in accordance with9
applicable law. The information shall also be available to members of the criminal justice10
system, and other entities as provided by law, upon inquiry. Certain portions of the11
information shall also be published on the internet in accordance with this section.12
[43.650.] 589.411. 1. The Missouri state highway patrol shall [, subject to
appropriation,] maintain a web page on the internet which shall be open to the public and shall2
include a registered sexual offender search capability.3
2. Except as provided in subsections 4 and 5 of this section, the registered sexual4
offender search shall make it possible for any person using the internet to search for and find the5
information specified in subsection 4 of this section, if known, on offenders registered in this6
state pursuant to sections 589.400 to 589.425.7
3. The registered sexual offender search shall include the capability to search for sexual8
offenders by name, zip code, and by typing in an address and specifying a search within a certain9
number of miles radius from that address.10
4. Only the information listed in this subsection shall be provided to the public in the11
registered sexual offender search:12
(1) The name and any known aliases of the offender;13
(2) The date of birth and any known alias dates of birth of the offender;14
(3) A physical description of the offender;15
(4) The residence, temporary, work, and school addresses of the offender, including the16
street address, city, county, state, and zip code;17
(5) Any photographs of the offender;18
(6) A physical description of the offender's vehicles, including the year, make, model,19
color, and license plate number;20
(7) The nature and dates of all offenses qualifying the offender to register, including the21
tier level assigned to the offender under sections 589.400 to 589.425;22
(8) The date on which the offender was released from the department of mental health,23
prison, or jail, or placed on parole, supervised release, or probation for the offenses qualifying24
CCS SS SCS HCS HBs 2637 & 3155 135
the offender to register;25
(9) Compliance status of the offender with the provisions of section 589.400 to 589.425;26
and27
(10) Any online identifiers [, as defined in section 43.651, ] used by the person. Such28
online identifiers shall not be included in the general profile of an offender on the web page and29
shall only be available to a member of the public by a search using the specific online identifier30
to determine if a match exists with a registered offender.31
5. Juveniles required to register under subdivision (5) of subsection 1 of section 589.40032
shall be exempt from public notification on the internet to include any adjudications from33
another state, territory, the District of Columbia , or foreign country or any federal, tribal, or34
military jurisdiction.35
6. The Missouri state highway patrol shall regularly update the web page to remove36
persons who have been ordered removed or exempt by a court in accordance with section37
589.401, persons who are deceased, and persons who have moved out of the state. In the38
case of a person who has moved out of the state, the entry shall remain until the Missouri39
state highway patrol confirms the person has complied with all registration requirements40
in the person's new state, territory, or country of residence, when applicable.41
7. In addition to the web page maintained by the Missouri state highway patrol, a42
registration official may maintain a web page on the internet, which shall be open to the43
public and shall include a registered sexual offender search capability. Except as provided44
in subsections 5 and 6 of this section, the registered sexual offender search shall make it45
possible for any person using the internet to search for and find the information specified46
in subsection 5 of this section, if known, on offenders registered in this state pursuant to47
sections 589.400 to 589.425. The chief law enforcement officer of any county or city not48
within a county may also publish in any newspaper distributed in the county or city not49
within a county the offender information provided under subsection 3 of this section for50
any offender residing in the county or city not within a county.51
[43.651.] 589.412. [1. As used in this section, the following terms shall mean:
(1) "Electronic mail", the transmission of information or communication by the use of2
the internet, a computer, a facsimile machine, a pager, a cellular telephone or other wireless3
communication device, a video recorder, or other electronic means sent to a person identified4
by a unique address or address number and received by that person;5
(2) "Entity", a business or organization that provides internet service, electronic6
communications service, remote computing service, online service, electronic mail service, or7
electronic instant message or chat services wh ether the business or organization is within or8
outside this state;9
CCS SS SCS HCS HBs 2637 & 3155 136
(3) "Instant message", a form of real-time text communication between two or more10
people. The communication is conveyed via computers connected over a network such as the11
internet, or between cell phone or wireless communication device users, or over a cell phone or12
wireless communication device network;13
(4) "Online identifier", includes all of the following: electronic mail address and instant14
message screen name, user ID, cell phone number or wireless communication device number15
or identifier, chat or other internet communication name, or other identity information.16
2.] Subject to appropriations, the Missouri state highway patrol shall make registry17
information regarding a registered sexual offender's online identifiers available to an entity for18
the purpose of allowing the entity to prescreen users or for comparison with information held19
by the entity as provided by this subsection:20
(1) The information obtained by an entity from the state sexual offender registry shall21
not be used for any purpose other than for prescreening its users or comparing the database of22
registered users of the entity against the list of online identifiers of persons in the state sexual23
offender registry in order to protect children from online sexual predators. The Missouri state24
highway patrol shall promulgate rules and regulations regarding the release and use of online25
identifier information. Any rule or portion of a rule, as that term is defined in section 536.010,26
that is created under the authority delegated in this section shall beco me effective only if it27
complies with and is subject to all of the provi sions of chapter 536 and, if applicable, section28
536.028. This section and chapter 536 are nonseverable and if any of the powers vested with29
the general assembly pursuant to chapter 536 to review, to delay the effective date, or to30
disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking31
authority and any rule proposed or adopted after August 28, 2008, shall be invalid and void;32
(2) Any entity desiring to prescreen its users or compare its database of registered users33
to the list of online identifiers of persons in the state sexual offender registry may apply to the34
Missouri state highway patrol to access the information. An entity that complies with the rules35
and regulations promulgated by the Missouri state highway patrol regarding the release and use36
of the online identifier information and pays the fee established by the Missouri state highway37
patrol may screen new users or compare its data base of registered users to the list of online38
identifiers of persons in the state sexual offender registry as frequently as the Missouri state39
highway patrol may allow for the purpose of identif ying a registered user associated with an40
online identifier contained in the state sexual offender registry;41
(3) Any entity complying with this subsection in good faith shall be immune from any42
civil or criminal liability resulting from:43
(a) The entity's refusal to provide system service to a person on the basis that the entity44
believed that the person was required to register under sections 589.400 to 589.425;45
CCS SS SCS HCS HBs 2637 & 3155 137
(b) A person's criminal or tortious acts when the person is required to register pursuant46
to sections 589.400 to 589.425, and the person complied with the requirement to register their47
online identifiers under section 589.407, and committed the criminal or tortious acts against a48
minor with whom he or she had communicated on the entity's system by using their registered49
online identifier; or50
(c) Any activity for which the entity would be immune from liability under 47 U.S.C.51
Section 230.52
[43.533.] 589.413. 1. The Missouri state highway patrol shall, subject to appropriation,
operate a toll-free telephone number in order to disseminate registration information provided2
by [individuals] persons who are required to register under sections 589.400 to 589.425, and3
receive information from persons regarding the residency of a registered sexual offender. The4
information available via the telephone number shall include only information that offenders are5
required to provide under section 589.407. When the Missouri state highway patrol provides6
such information regarding a sexual offender, the patrol personnel shall advise the person7
making the inquiry that positive identification of a person believed to be a sexual offender8
cannot be established unless a fingerprint comparison is made, and that it is illegal to use such9
information regarding a registered sexual offender to facilitate the commission of a crime. The10
toll-free telephone number shall be published on the Missouri state highway patrol's sexual11
offender registry website maintained under section [43.650] 589.411.12
2. The Missouri state highway patrol shall promulgate rules to effect the enforcement13
of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is14
created under the authority delegated in this section shall become effective only if it complies15
with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. 16
This section and chapter 536 are nonseverable and if any of the powers vested with the general17
assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and18
annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and19
any rule proposed or adopted after August 28, 2006, shall be invalid and void.20
[589.414. 1. Any person required by sections 589.400 to 589.425 to
register shall, within th ree business days, appear in person to the chief law2
enforcement officer of the county or c ity not within a county if there is a3
change to any of the following information:4
(1) Name;5
(2) Residence;6
(3) Employment, including status as a volunteer or intern;7
(4) Student status; or8
(5) A termination to any of the items listed in this subsection.9
2. Any person required to register under sections 589.400 to 589.42510
shall, within three business days, notify the chief law enforcement official of11
CCS SS SCS HCS HBs 2637 & 3155 138
the county or city not within a c ounty of any changes to the following12
information:13
(1) Vehicle information;14
(2) Temporary lodging information;15
(3) Temporary residence information;16
(4) Email addresses, instant messaging addresses, and any other17
designations used in internet communications, postings, or telephone18
communications; or19
(5) Telephone or other cellular number, including any new forms of20
electronic communication.21
3. The chief law enforcement official in the county or city not within22
a county shall immediately forward the registration changes described under23
subsections 1 and 2 of this section to the Missouri state highway patrol within24
three business days.25
4. If any person required by sections 589.400 to 589.425 to register26
changes such person's residence or address to a different county or city not27
within a county, the person shall appear in person and shall inform both the28
chief law enforcement official with whom the person last registered and the29
chief law enforcement official of the county or city not within a county having30
jurisdiction over the new residence or address in writing within three business31
days of such new address and phone number, if the phone number is also32
changed. If any person required by sections 589.400 to 589.425 to register33
changes his or her state, territory, the District of Columbia, or foreign country,34
or federal, tribal, or military jurisdiction of residence, the person shall appear35
in person and shall inform both the chief law enforcement official with whom36
the person was last registered and the chief law enforcement official of the37
area in the new state, territory, the District of Columbia, or foreign country,38
or federal, tribal, or military jurisdiction having jurisdiction over the new39
residence or address within three business days of such new address. 40
Whenever a registrant changes residence, the chief law enforcement official41
of the county or city not within a county where the person was previously42
registered shall inform the Missouri state highway patrol of the change within43
three business days. When the registrant is changing the residence to a new44
state, territory, the District of Columbia, or foreign country, or federal, tribal,45
or military jurisdiction, the Missouri st ate highway patrol shall inform the46
responsible official in the new state, territory, the District of Columbia, or47
foreign country, or federal, tribal, or military jurisdiction of residence within48
three business days.49
5. Tier I sexual offenders, in addition to the requirements of50
subsections 1 to 4 of this section, shall report in person to the chief law51
enforcement official annually in the month of their birth to verify the52
information contained in their statement made pursuant to section 589.407. 53
Tier I sexual offenders include:54
(1) Any offender who has been adjudicated for the offense of:55
CCS SS SCS HCS HBs 2637 & 3155 139
(a) Sexual abuse in the first degree under section 566.100 if the victim56
is eighteen years of age or older;57
(b) Sexual misconduct involving a child under section 566.083 if it is58
a first offense and the punishment is less than one year;59
(c) Sexual abuse in the second degree under section 566.101 if the60
punishment is less than a year;61
(d) Kidnapping in the second degree under section 565.120 with62
sexual motivation;63
(e) Kidnapping in the third degree under section 565.130;64
(f) Sexual conduct with a nursing facility resident or vulnerable65
person in the first degree under section 566.115 if the punishment is less than66
one year;67
(g) Sexual conduct under section 566.116 with a nursing facility68
resident or vulnerable person;69
(h) Sexual [contact with a prisoner or offender] conduct in the course70
of public duty under section 566.145 if the victim is eighteen years of age or71
older;72
(i) Sex with an animal under section 566.111;73
(j) Trafficking for the purpose of sexual exploitation under section74
566.209 if the victim is eighteen years of age or older;75
(k) Possession of child pornography under section 573.037 as it76
existed prior to August 28, 2026;77
(l) Possession of child sexual abuse material under section78
573.037;79
(m) Sexual misconduct in the first degree under section 566.093;80
[(m)] (n) Sexual misconduct in the second degree under section81
566.095;82
[(n)] (o) Child molestation in the second degree under section 566.06883
as it existed prior to January 1, 2017, if the punishment is less than one year;84
[or85
(o)] (p) Invasion of privacy under section 565.252 if the victim is less86
than eighteen years of age; or87
(q) Grooming of a minor under section 566.152;88
(2) Any offender who is or has b een adjudicated in any other state,89
territory, the District of Columbia, or foreign country, or under federal, tribal,90
or military jurisdiction of an offense of a sexual nature or with a sexual91
element that is comparable to the tier I sexual offenses listed in this subsection92
or, if not comparable to those in this subsection, comparable to those93
described as tier I offenses under the Sex Offender Registration and94
Notification Act, Title I of the Adam Walsh Child Protection and Safety Act95
of 2006, Pub. L. 109-248.96
6. Tier II sexual offenders, in addition to the requirements of97
subsections 1 to 4 of this section, sh all report semiannually in person in the98
month of their birth and six months thereafter to the chief law enforcement99
CCS SS SCS HCS HBs 2637 & 3155 140
official to verify the information contained in their statement made pursuant100
to section 589.407. Tier II sexual offenders include:101
(1) Any offender who has been adjudicated for the offense of:102
(a) Statutory sodomy in the second degree under section 566.064 if103
the victim is sixteen to seventeen years of age;104
(b) Child molestation in the third degree under section 566.069 if the105
victim is between thirteen and fourteen years of age;106
(c) Sexual contact with a student under section 566.086 if the victim107
is thirteen to seventeen years of age;108
(d) Enticement of a child under section 566.151;109
(e) Abuse of a child under section 568.060 if the offense is of a sexual110
nature and the victim is thirteen to seventeen years of age;111
(f) Sexual exploitation of a minor under section 573.023;112
(g) Promoting child pornography in the first degree under section113
573.025 as it existed prior to August 28, 2026;114
(h) Promoting child sexual abuse material in the first degree115
under section 573.025;116
(i) Promoting child pornography in the second degree under section117
573.035 as it existed prior to August 28, 2026;118
(j) Promoting child sexual abuse material in the second degree119
under section 573.035;120
[(i)] (k) Patronizing prostitution under section 567.030;121
[(j)] (l) Sexual [contact with a prisoner or offender ] conduct in the122
course of public duty under section 566.145 if the victim is thirteen to123
seventeen years of age;124
[(k)] (m) Child molestation in the fourth degree under section 566.071125
if the victim is thirteen to seventeen years of age;126
[(l)] (n) Sexual misconduct involving a child under section 566.083127
if it is a first offense and the penalty is a term of imprisonment of more than128
a year; [or129
(m)] (o) Age misrepresentation with intent to solicit a minor under130
section 566.153;131
(p) Nonconsensual dissemination of private sexual images under132
section 573.110 if the victim is seventeen years of age or under or if133
coercion of the victim was sexual in nature; or134
(q) Threatening the nonconsensual dissemination of private sexual135
images under section 573.112 if the victim is seventeen years of age or136
under or if coercion of the victim was sexual in nature;137
(2) Any person who is adjudicated of an offense comparable to a tier138
I offense listed in this section or failure to register offense under section139
589.425 or comparable out-of-state failure to register offense and who is140
already required to register as a tier I offender due to having been adjudicated141
of a tier I offense on a previous occasion; or142
(3) Any person who is or has been adjudicated in any other state,143
CCS SS SCS HCS HBs 2637 & 3155 141
territory, the District of Columbia, or foreign country, or under federal, tribal,144
or military jurisdiction for an offense of a sexual nature or with a sexual145
element that is comparable to the tier II sexual offenses listed in this146
subsection or, if not comparable to those in this subsection, comparable to147
those described as tier II offenses under the Sex Offender Registration and148
Notification Act, Title I of the Adam Walsh Child Protection and Safety Act149
of 2006, Pub. L. 109-248.150
7. Tier III sexual offenders, in addition to the requirements of151
subsections 1 to 4 of this section, sh all report in person to the chief law152
enforcement official every ninety days to verify the information contained in153
their statement made under section 589.407. Tier III sexual offenders include:154
(1) Any offender registered as a predatory [sexual offender as defined155
in section 566.123 or a ] or persistent sexual offender as defined in section156
[566.124] 566.125;157
(2) Any offender who has been adjudicated for the crime of:158
(a) Rape in the first degree under section 566.030;159
(b) Statutory rape in the first degree under section 566.032;160
(c) Rape in the second degree under section 566.031;161
(d) Endangering the welfare of a child in the first degree under section162
568.045 if the offense is sexual in nature;163
(e) Sodomy in the first degree under section 566.060;164
(f) Statutory sodomy under section 566.062;165
(g) Statutory sodomy under section 566.064 if the victim is under166
sixteen years of age;167
(h) Sodomy in the second degree under section 566.061;168
(i) Sexual misconduct involving a child under section 566.083 if the169
offense is a second or subsequent offense;170
(j) Sexual abuse in the first degree under section 566.100 if the victim171
is under thirteen years of age;172
(k) Kidnapping in the first degree under section 565.110 if the victim173
is under eighteen years of age, excluding kidnapping by a parent or guardian;174
(l) Child kidnapping under section 565.115;175
(m) Sexual conduct with a nursing facility resident or vulnerable176
person in the first degree under section 566.115 if the punishment is greater177
than a year;178
(n) Incest under section 568.020;179
(o) Endangering the welfare of a child in the first degree under section180
568.045 with sexual intercourse or deviate sexual intercourse with a victim181
under eighteen years of age;182
(p) Child molestation in the first degree under section 566.067;183
(q) Child molestation in the second degree under section 566.068;184
(r) Child molestation in the third degree under section 566.069 if the185
victim is under thirteen years of age;186
(s) Promoting prostitution in the first degree under section 567.050 if187
CCS SS SCS HCS HBs 2637 & 3155 142
the victim is under eighteen years of age;188
(t) Promoting prostitution in the second degree under section 567.060189
if the victim is under eighteen years of age;190
(u) Promoting prostitution in the third degree under section 567.070191
if the victim is under eighteen years of age;192
(v) Promoting travel for prostitution under section 567.085 if the193
victim is under eighteen years of age;194
(w) Trafficking for the purpose of sexual exploitation under section195
566.209 if the victim is under eighteen years of age;196
(x) Sexual trafficking of a child in the first degree under section197
566.210;198
(y) Sexual trafficking of a child in the second degree under section199
566.211;200
(z) Genital mutilation of a female child under section 568.065;201
(aa) Statutory rape in the second degree under section 566.034;202
(bb) Child molestation in the fourth degree under section 566.071 if203
the victim is under thirteen years of age;204
(cc) Sexual abuse in the second degree under section 566.101 if the205
penalty is a term of imprisonment of more than a year;206
(dd) Patronizing prostitution under section 567.030 if the offender is207
a persistent offender;208
(ee) Abuse of a child under section 568.060 if the offense is of a209
sexual nature and the victim is under thirteen years of age;210
(ff) Sexual [contact with a prisoner or offender ] conduct in the211
course of public duty under section 566.145 if the victim is under thirteen212
years of age;213
(gg) [Sexual intercourse with a prisoner or offender under section214
566.145;215
(hh)] Sexual contact with a student under section 566.086 if the victim216
is under thirteen years of age;217
[(ii)] (hh) Use of a child in a sexual performance under section218
573.200; or219
[(jj)] (ii) Promoting a sexual performance by a child under section220
573.205;221
(3) Any offender who is adjudicated for a crime comparable to a tier222
I or tier II offense listed in this section or failure to register offense under223
section 589.425, or other comparable out-of-state failure to register offense,224
who has been or is already required to register as a tier II offender because of225
having been adjudicated for a tier II offense, two tier I offenses, or226
combination of a tier I offense and failure to register offense, on a previous227
occasion;228
(4) Any offender who is adjudicated in any other state, territory, the229
District of Columbia, or foreign country, or under federal, tribal, or military230
jurisdiction for an offense of a sexual nature or with a sexual element that is231
CCS SS SCS HCS HBs 2637 & 3155 143
comparable to a tier III offense listed in this section or a tier III offense under232
the Sex Offender Registration and Notification Act, Title I of the Adam Walsh233
Child Protection and Safety Act of 2006, Pub. L. 109-248; or234
(5) Any offender who is adjudicated in Missouri for any offense of a235
sexual nature requiring registration under sections 589.400 to 589.425 that is236
not classified as a tier I or tier II offense in this section.237
8. In addition to the requirements of subsections 1 to 7 of this section,238
all Missouri registrants who work, including as a volunteer or unpaid intern,239
or attend any school whether public or private, including any secondary240
school, trade school, professional school, or institution of higher education,241
on a full-time or part-time basis or have a temporary residence in this state242
shall be required to report in person to the chief law enforcement officer in the243
area of the state where they work, including as a volunteer or unpaid intern,244
or attend any school or training and register in that state. "Part-time" in this245
subsection means for more than seven days in any twelve-month period.246
9. If a person who is required to register as a sexual offender under247
sections 589.400 to 589.425 changes or obtains a new online identifier as248
defined in section 43.651, the person shall report such information in the same249
manner as a change of residence before using such online identifier.]250
589.414. 1. Any person required by sections 589.400 to 589.425 to register shall, within
three business days, appear in person to the [chief law enforcement officer of the county or city2
not within a county ] registration official if there is a change to any of the following3
information:4
(1) Name;5
(2) Residence;6
(3) Employment, including status as a volunteer or intern;7
(4) Student status; or8
(5) A termination to any of the items listed in this subsection.9
2. Any person required to register under sections 589.400 to 589.425 shall, within three10
business days, notify the [chief law enforcement] registration official [of the county or city not11
within a county] of any changes to the following information:12
(1) Vehicle information;13
(2) [Temporary lodging information;14
(3)] Temporary residence information;15
[(4) Email addresses, instant messaging addresses, and any other designations used in16
internet communications, postings, or telephone communications; or17
(5)] (3) Telephone or other cellular number, including any new forms of electronic18
communication; or19
(4) Online identifiers.20
CCS SS SCS HCS HBs 2637 & 3155 144
3. The [chief law enforcement] registration official [in the county or city not within a21
county] shall immediately forward the registration changes described under subsections 1 and22
2 of this section to the Missouri state highway patrol within three business days in accordance23
with section 589.410.24
4. (1) If any person required by sections 589.400 to 589.425 to register changes such25
person's residence or address to a different county or city not within a county, the person shall26
appear in person and shall inform both the [chief law enforcement] registration official with27
whom the person last registered and the [chief law enforcement] registration official of the28
county or city not within a county having juri sdiction over the new residence or address in29
writing within three business days of such new address and phone number, if the phone number30
is also changed.31
(2) If any person required by sections 589.400 to 589.425 to register changes his or her32
state, territory, the District of Columbia, or foreign country, or federal, tribal, or military33
jurisdiction of residence, the person shall appear in person and shall inform both the [chief law34
enforcement] registration official with whom the person was last registered and the [chief law35
enforcement] registration official of the area in the new state, territory, the District of36
Columbia, or foreign country, or federal, tribal, or military jurisdiction having jurisdiction over37
the new residence or address within three business days of such new address.38
(3) Whenever a registrant changes residence, the [chief law enforcement] registration39
official of the county or city not within a county where the person was previously registered40
shall inform the Missouri state highway patrol of the change within three business days.41
(4) When the registrant is changing the residence to a new state, territory, the District42
of Columbia, or foreign country, or federal, tr ibal, or military jurisdiction, the Missouri state43
highway patrol shall inform the responsible official in the new state, territory, the District of44
Columbia, or foreign country, or federal, tribal, or military jurisdiction of residence within three45
business days.46
5. Registrants shall appear in person before the registration official and complete47
all forms required for such purposes by the Un ited States Marshals Service no less than48
twenty-one days before travel outside of the United States. Such information shall be49
forwarded to the United States Marshals S ervice, and a copy shall be provided by the50
registration official to the Missouri state hi ghway patrol in a manner prescribed by the51
Missouri state highway patrol.52
6. Offenders shall be classified as a ti er I offender, tier II offender, or tier III53
offender in accordance with this section. To the extent more than one tier definition54
applies to an offender, the highest tier that applies shall be the tier into which the offender55
is classified.56
CCS SS SCS HCS HBs 2637 & 3155 145
7. The initial determination as to the ti er of an offender shall be made by the57
registration official when an offender first appears for registration with the official. Upon58
receipt of an initial offender registration from a new registration official, the Missouri state59
highway patrol shall analyze the initial tier determination for accuracy. If the Missouri60
state highway patrol determines the initial ti er decision is inaccurate, the Missouri state61
highway patrol shall notify the registration official, and the Missouri state highway patrol's62
determination shall control th e tier classification. Upon receipt of an updated tiering63
decision, the registration official shall notify the offender no later than the next previously64
scheduled in-person check-in for the offender. Upon notification of the offender or failure65
of the offender to appear at the next reg ularly scheduled in-person check, reporting66
requirements aligning with the new tier determination shall be in effect.67
8. Tier I [sexual] offenders, in addition to the requirements of subsections 1 to [4] 5 of68
this section, shall report in person [to] before the [chief law enforcement] registration official69
annually in the month of their birth to verify the information contained in their statement made70
pursuant to section 589.407. [Tier I sexual offenders include:71
(1) Any offender who has been adjudicated for the offense of:72
(a) Sexual abuse in the first degree under section 566.100 if the victim is eighteen years73
of age or older;74
(b) Sexual misconduct involving a child under section 566.083 if it is a first offense and75
the punishment is less than one year;76
(c) Sexual abuse in the second degree under section 566.101 if the punishment is less77
than a year;78
(d) Kidnapping in the second degree under section 565.120 with sexual motivation;79
(e) Kidnapping in the third degree under section 565.130;80
(f) Sexual conduct with a nursing facility resident or vulnerable person in the first degree81
under section 566.115 if the punishment is less than one year;82
(g) Sexual conduct under section 566.116 with a nursing facility resident or vulnerable83
person;84
(h) Sexual contact with a prisoner or offender under section 566.145 if the victim is85
eighteen years of age or older;86
(i) Sex with an animal under section 566.111;87
(j) Trafficking for the purpose of sexual exploitation under section 566.209 if the victim88
is eighteen years of age or older;89
(k) Possession of child pornography under section 573.037;90
(l) Sexual misconduct in the first degree under section 566.093;91
(m) Sexual misconduct in the second degree under section 566.095;92
CCS SS SCS HCS HBs 2637 & 3155 146
(n) Child molestation in the second degree under section 566.068 as it existed prior to93
January 1, 2017, if the punishment is less than one year; or94
(o) Invasion of privacy under section 565.252 if the victim is less than eighteen years95
of age;96
(2) Any offender who is or has been adjudicated in any other state, territory, the District97
of Columbia, or foreign country, or under federal, tribal, or military jurisdiction of an offense98
of a sexual nature or with a sexual element that is comparable to the tier I sexual offenses listed99
in this subsection or, if not comparable to those in this subsection, comparable to those described100
as tier I offenses under the Sex Offender Registration and Notification Act, Title I of the Adam101
Walsh Child Protection and Safety Act of 2006, Pub. L. 109-248.102
6.] 9. Tier II [sexual] offenders, in addition to the requirements of subsections 1 to [4]103
5 of this section, shall report semiannually in person in the month of their birth and six months104
thereafter to the [chief law enforcement] registration official to verify the information contained105
in their statement made pursuant to section 589.407. [Tier II sexual offenders include:106
(1) Any offender who has been adjudicated for the offense of:107
(a) Statutory sodomy in the second degree under section 566.064 if the victim is sixteen108
to seventeen years of age;109
(b) Child molestation in the third degree under section 566.069 if the victim is between110
thirteen and fourteen years of age;111
(c) Sexual contact with a student under section 566.086 if the victim is thirteen to112
seventeen years of age;113
(d) Enticement of a child under section 566.151;114
(e) Abuse of a child under section 568.060 if the offense is of a sexual nature and the115
victim is thirteen to seventeen years of age;116
(f) Sexual exploitation of a minor under section 573.023;117
(g) Promoting child pornography in the first degree under section 573.025;118
(h) Promoting child pornography in the second degree under section 573.035;119
(i) Patronizing prostitution under section 567.030;120
(j) Sexual contact with a prisoner or offender under section 566.145 if the victim is121
thirteen to seventeen years of age;122
(k) Child molestation in the fourth degree under section 566.071 if the victim is thirteen123
to seventeen years of age;124
(l) Sexual misconduct involving a child under section 566.083 if it is a first offense and125
the penalty is a term of imprisonment of more than a year; or126
(m) Age misrepresentation with intent to solicit a minor under section 566.153;127
(2) Any person who is adjudicated of an offense comparable to a tier I offense listed in128
CCS SS SCS HCS HBs 2637 & 3155 147
this section or failure to register offense under section 589.425 or comparable out-of-state failure129
to register offense and who is already required to register as a tier I offender due to having been130
adjudicated of a tier I offense on a previous occasion; or131
(3) Any person who is or has been adjudicated in any other state, territory, the District132
of Columbia, or foreign country, or under federal, tribal, or military jurisdiction for an offense133
of a sexual nature or with a sexual element that is comparable to the tier II sexual offenses listed134
in this subsection or, if not comparable to those in this subsection, comparable to those described135
as tier II offenses under the Sex Offender Registration and Notification Act, Title I of the Adam136
Walsh Child Protection and Safety Act of 2006, Pub. L. 109-248.137
7.] 10. Tier III [sexual] offenders, in addition to the requirements of subsections 1 to [4]138
5 of this section, shall report in person [to] before the [chief law enforcement ] registration139
official every ninety days to verify the info rmation contained in their statement made under140
section 589.407. [Tier III sexual offenders include:141
(1) Any offender registered as a predatory sexual offender as defined in section 566.123142
or a persistent sexual offender as defined in section 566.124;143
(2) Any offender who has been adjudicated for the crime of:144
(a) Rape in the first degree under section 566.030;145
(b) Statutory rape in the first degree under section 566.032;146
(c) Rape in the second degree under section 566.031;147
(d) Endangering the welfare of a child in the first degree under section 568.045 if the148
offense is sexual in nature;149
(e) Sodomy in the first degree under section 566.060;150
(f) Statutory sodomy under section 566.062;151
(g) Statutory sodomy under section 566.064 if the victim is under sixteen years of age;152
(h) Sodomy in the second degree under section 566.061;153
(i) Sexual misconduct involving a child under section 566.083 if the offense is a second154
or subsequent offense;155
(j) Sexual abuse in the first degree under section 566.100 if the victim is under thirteen156
years of age;157
(k) Kidnapping in the first degree under section 565.110 if the victim is under eighteen158
years of age, excluding kidnapping by a parent or guardian;159
(l) Child kidnapping under section 565.115;160
(m) Sexual conduct with a nursing facility resident or vulnerable person in the first161
degree under section 566.115 if the punishment is greater than a year;162
(n) Incest under section 568.020;163
(o) Endangering the welfar e of a child in the first degree under section 568.045 with164
CCS SS SCS HCS HBs 2637 & 3155 148
sexual intercourse or deviate sexual intercourse with a victim under eighteen years of age;165
(p) Child molestation in the first degree under section 566.067;166
(q) Child molestation in the second degree under section 566.068;167
(r) Child molestation in the third degree under section 566.069 if the victim is under168
thirteen years of age;169
(s) Promoting prostitution in the first degree under section 567.050 if the victim is under170
eighteen years of age;171
(t) Promoting prostitution in the second degree under section 567.060 if the victim is172
under eighteen years of age;173
(u) Promoting prostitution in the third degree under section 567.070 if the victim is174
under eighteen years of age;175
(v) Promoting travel for prostitution under section 567.085 if the victim is under176
eighteen years of age;177
(w) Trafficking for the purpose of sexual exploitation under section 566.209 if the victim178
is under eighteen years of age;179
(x) Sexual trafficking of a child in the first degree under section 566.210;180
(y) Sexual trafficking of a child in the second degree under section 566.211;181
(z) Genital mutilation of a female child under section 568.065;182
(aa) Statutory rape in the second degree under section 566.034;183
(bb) Child molestation in the fourth degree under section 566.071 if the victim is under184
thirteen years of age;185
(cc) Sexual abuse in the second degree under section 566.101 if the penalty is a term of186
imprisonment of more than a year;187
(dd) Patronizing prostitution under secti on 567.030 if the offender is a persistent188
offender;189
(ee) Abuse of a child under section 568.060 if the offense is of a sexual nature and the190
victim is under thirteen years of age;191
(ff) Sexual contact with a prisoner or offender under section 566.145 if the victim is192
under thirteen years of age;193
(gg) Sexual intercourse with a prisoner or offender under section 566.145;194
(hh) Sexual contact with a student under section 566.086 if the victim is under thirteen195
years of age;196
(ii) Use of a child in a sexual performance under section 573.200; or197
(jj) Promoting a sexual performance by a child under section 573.205;198
(3) Any offender who is adjudicated for a crime comparable to a tier I or tier II offense199
listed in this section or failure to regist er offense under section 589.425, or other comparable200
CCS SS SCS HCS HBs 2637 & 3155 149
out-of-state failure to register offense, who has been or is already required to register as a tier201
II offender because of having b een adjudicated for a tier II offense, two tier I offenses, or202
combination of a tier I offense and failure to register offense, on a previous occasion;203
(4) Any offender who is adjudicated in a ny other state, territory, the District of204
Columbia, or foreign country, or under federal, tribal, or military jurisdiction for an offense of205
a sexual nature or with a sexual element that is comparable to a tier III offense listed in this206
section or a tier III offense under the Sex Offender Registration and Notification Act, Title I of207
the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. 109-248; or208
(5) Any offender who is adjudicated in Mi ssouri for any offense of a sexual nature209
requiring registration under sections 589.400 to 589.425 that is not classified as a tier I or tier210
II offense in this section.211
8.] 11. In addition to the requirements of subsections 1 to [7] 5 and 8 to 10 of this212
section, all Missouri registrants who work, including as a volunteer or unpaid intern, or attend213
any school whether public or private, including any secondary school, trade school, professional214
school, or institution of higher education, on a full-time or part-time basis or have a temporary215
residence in this state shall be required to report in person [to] before the [chief law enforcement216
officer] registration official in the area of the state where they work, including as a volunteer217
or unpaid intern, or attend any school or training and register in that state. ["Part-time" in this218
subsection means for more than seven days in any twelve-month period.219
9.] 12. If a person who is required to register as a sexual offender under sections 589.400220
to 589.425 changes or obtains a new online identifier [as defined in section 43.651], the person221
shall report such information in the same manner as a change of residence before using such222
online identifier.223
589.415. [1.] Any probation officer or parole officer assigned to a sexual offender who
is required to register pursuant to sections 589.400 to 589.425 shall notify the appropriate law2
enforcement officials whenever the probation officer or parole officer has reason to believe3
that the offender will be changing his or her residence. Upon obtaining the new address where4
the offender expects to reside, the probation officer or parole officer shall report such address5
to the [chief law enforcement] registration official with whom the offender last registered and6
the [chief law enforcement] registration official of the county having jurisdiction over the new7
residence, if different. The probation officer or parole officer shall also inform the offender8
of the offender's duty to register. However, not hing in this section shall affect the offender's9
duty to register, pursuant to sections 589.400 to 589.425.10
[2. As used in this section, the term "probation officer" includes any agent of a private11
entity assigned to provide probation supervision services to an offender due to the offender's12
status as a sexual offender who is required to register pursuant to sections 589.400 to 589.425.]13
CCS SS SCS HCS HBs 2637 & 3155 150
589.417. 1. Except for the specific information listed in subsection 2 of this section, the
complete statements, photographs and fingerprints required by sections 589.400 to 589.425 shall2
not be subject to the provisions of chapter 610 and are not public records as defined in section3
610.010, and shall be available only to courts, prosecutors and law enforcement agencies.4
2. [Notwithstanding any provision of law to the contrary, the chief law enforcement5
official of the county] (1) The following information shall be available as an open record6
under chapter 610:7
(a) Any information retained by the Missouri state highway patrol required to be8
published on the internet at the time of the request, as provided in section 589.411; and9
(b) The name, offense requiring registration, dates of registration, and compliance10
status of any offender who has been removed from the internet because of death or a move11
out of the state. For offenders who have moved out of the state, the new state of residence12
shall also be an open record.13
(2) The registration official shall maintain, for all offenders registered in such county,14
a complete list of the names, addresses and crimes for which such offenders are registered. Any15
person may request such list from the [chief law enforcement ] registration official of the16
county.17
3. Nothing in this section shall be cons trued to open any records relating to an18
offender who has been removed from the sexual offender registry or found exempt under19
section 589.401. Such records shall be governed by the provisions of chapter 610.20
4. The metadata recorded by the sex offender registry system, website, or other21
related databases utilized by the sex offe nder registry including activity logs, user22
information, or other related information shall be a closed record, available only to23
authorized users for the administration of criminal justice, as the term "administration of24
criminal justice" is defined in section 43.500.25
[589.425. 1. A person commits the crime of failing to register as a sex
offender when the person is required to register under sections 589.400 to2
589.425 and fails to comply with any requirement of sections 589.400 to3
589.425. Failing to register as a sex o ffender is a class E felony unless the4
person is required to register based on having committed an offense in chapter5
566 which was an unclassified felony, a class A or B felony, or a felony6
involving a child under the age of fourt een, in which case it is a class D7
felony.8
2. A person commits the crime of failing to register as a sex offender9
as a second offense by failing to comply with any requirement of sections10
589.400 to 589.425 and he or she has previously pled guilty to or has11
previously been found guilty of failing to register as a sex offender. Failing12
to register as a sex offender as a second offense is a class E felony unless the13
person is required to register based on having committed an offense in chapter14
CCS SS SCS HCS HBs 2637 & 3155 151
566, or an offense in any other state or foreign country, or under federal,15
tribal, or military jurisdiction, which if committed in this state would be an16
offense under chapter 566 which was an unclassified felony, a class A or B17
felony, or a felony involving a child under the age of fourteen, in which case18
it is a class D felony.19
3. (1) A person commits the crime of failing to register as a sex20
offender as a third offense by failing to meet the requirements of sections21
589.400 to 589.425 and he or she has, on two or more occasions, previously22
pled guilty to or has previously been found guilty of failing to register as a sex23
offender. Failing to register as a sex offender as a third offense is a class A24
felony, which shall be punished by a term of imprisonment of not less than ten25
years and not more than thirty years.26
(2) No court may suspend the imposition or execution of sentence of27
a person who pleads guilty to or is found guilty of failing to register as a sex28
offender as a third offense. No court may sentence such person to pay a fine29
in lieu of a term of imprisonment.30
(3) [A person sentenced under this subsection shall not be eligible for31
conditional release or parole until he or she has served at least two years of32
imprisonment.33
(4)] Upon release, an offender who has committed failing to register34
as a sex offender as a third offense sh all be electronically monitored as a35
mandatory condition of supervision. Electronic monitoring may be based on36
a global positioning system or any other technology which identifies and37
records the offender's location at all times.]38
589.425. 1. A person commits the crime of failing to register as a sex offender when the
person is required to register under sections 589.400 to 589.425 and fails to comply with any2
requirement of sections 589.400 to 589.425. Failing to register as a sex offender is a class E3
felony unless the person is required to register based on having committed an offense in chapter4
566 which was an unclassified felony, a class A or B felony, or a felony involving a child under5
the age of fourteen, in which case it is a class D felony.6
2. A person commits the crime of failing to register as a sex offender as a second offense7
by failing to comply with any requirement of sections 589.400 to 589.425 and he or she has8
previously pled guilty to or has previously been found guilty of failing to register as a sex9
offender. Failing to register as a sex offender as a second offense is a class E felony unless the10
person is required to register based on having committed an offense in chapter 566, or an offense11
in any other state or foreign country, or under federal, tribal, or military jurisdiction, which if12
committed in this state would be an offense under chapter 566 which was an unclassified felony,13
a class A or B felony, or a felony involving a child under the age of fourteen, in which case it14
is a class D felony.15
3. (1) A person commits the crime of failing to register as a sex offender as a third16
CCS SS SCS HCS HBs 2637 & 3155 152
offense by failing to meet the requirements of sections 589.400 to 589.425 and he or she has, on17
two or more occasions, previously pled guilty to or has previously been found guilty of failing18
to register as a sex offender. Failing to register as a sex offender as a third offense is a class A19
felony, which shall be punished by a term of impr isonment of not less than ten years and not20
more than thirty years.21
(2) No court may suspend the imposition or execution of sentence of a person who22
pleads guilty to or is found guilty of failing to register as a sex offender as a third offense. No23
court may sentence such person to pay a fine in lieu of a term of imprisonment.24
(3) [A person sentenced under this subsection shall not be eligible for conditional release25
or parole until he or she has served at least two years of imprisonment.26
(4)] Upon release, an offender who has committed failing to register as a sex offender27
as a third offense shall be electronically mon itored as a mandatory condition of supervision. 28
Electronic monitoring may be based on a global positioning system or any other technology29
which identifies and records the offender's location at all times.30
589.900. 1. For the purposes of sections 589.900 to 589.902, the following terms
mean:2
(1) "Authorized individuals", peace officers, as defined in section 590.010, who are3
certified in accordance with federal requirements, including the Homeland Security Act4
of 2002, Pub. L. 107-296, as amended, when applicable, to conduct unmanned aircraft and5
unmanned aerial system mitigation;6
(2) "Mitigate", any of the following actions:7
(a) During the operation of an unma nned aircraft system, to detect, identify,8
monitor, or track the unmanned aircraft system or unmanned aircraft, without prior9
consent, including by means of intercept or other access of a wire communication, an oral10
communication, or an electronic communication used to control the unmanned aircraft11
system or unmanned aircraft;12
(b) To warn the operator of the unmanned aircraft system or unmanned aircraft,13
including by passive or acti ve and direct or indirect physical, electronic, radio, or14
electromagnetic means, or through the use of remote identification broadcast or other15
means;16
(c) To disrupt control of the unmanned aircraft system or unmanned aircraft,17
without prior consent, including by disabling the unmanned aircraft system or unmanned18
aircraft by intercepting, interfering, or causing interference with wire, oral, electronic, or19
radio communications used to control the unmanned aircraft system or unmanned20
aircraft;21
(d) To seize or exercise control of the unmanned aircraft system or unmanned22
CCS SS SCS HCS HBs 2637 & 3155 153
aircraft; or23
(e) To use reasonable force, if necessary, to disable, damage, or destroy the24
unmanned aircraft system or unmanned aircraft.25
2. The terms "unmanned aircraft" and "unmanned aircraft system" shall have the26
meanings given such terms in 49 U.S.C. Section 44801.27
589.902. 1. To the greatest extent permissible under applicable federal law,
including the Homeland Security Act of 2002, Pub. L. 107-296, as amended, authorized2
individuals in this state shall be empowered to take necessary action to mitigate a credible3
threat that an unmanned aircraft or unmanned aircraft system poses to the safety or4
security of people, facilities, assets, a venue or set of venues used for large-scale public5
gatherings or events, critical infrastructure, or correctional facilities.6
2. Nothing in this section shall be construed to limit the power of a law enforcement7
officer in this state to se ize an unmanned aircraft system or unmanned aircraft in the8
course of their duties. A law enforcement officer may use all lawful means to effect such9
a seizure, which may include the use of mitigation techniques where permissible.10
3. Any unmanned aircraft system or unmanned aircraft seized under this section11
or in connection with a criminal act shall be subject to forfeiture under section 513.607.12
4. Nothing in this sectio n shall be construed to permit the jamming of or13
interference with any signal, except in accordance with all applicable federal laws, rules,14
and regulations, including, but not limited to, the Homeland Security Act of 2002, Pub. L.15
107-296, as amended.16
590.192. 1. There is hereby established the "Critical Incident Stress Management
Program" within the department of public safety. The program shall provide services for peace2
officers and first responders to assist in coping with stress and potential psychological trauma3
resulting from a response to a critical incident or emotionally difficult event. Such services may4
include consultation, risk assessment, education, intervention, and other crisis intervention5
services provided by the department to peace officers and first responders affected by a critical6
incident. For purposes of this section, a "critical incident" shall mean any event outside the7
usual realm of human experience that is markedly distressing or evokes reactions of intense fear,8
helplessness, or horror and involves the perceived threat to a person's physical integrity or the9
physical integrity of someone else. For purposes of this section, the term "first responder" shall10
have the same meaning as first responder in section 190.1010.11
2. All peace officers and first responders sh all be required to meet with a program12
service provider once every three to five years for a mental health check-in, or a department13
established behavioral health or mental health program that meets the requirements of14
subsection 1 of this section whic h shall satisfy this requirement . The program service15
CCS SS SCS HCS HBs 2637 & 3155 154
provider shall send a notification to the peace officer's commanding officer, or first responder's16
commanding officer, or first responder's director or supervisor that he or she completed such17
check-in.18
3. Any information disclosed by a peace officer or first responder shall be privileged and19
shall not be used as evidence in criminal, administrative, or civil proceedings against the peace20
officer or first responder unless:21
(1) A program representative reasonably believes the disclosure is necessary to prevent22
harm to a person who received services or to prevent harm to another person;23
(2) The person who received the services provides written consent to the disclosure; or24
(3) The person receiving services discloses information that is required to be reported25
under mandatory reporting laws.26
4. (1) There is hereby created in the state treasury the "988 Public Safety Fund", which27
shall consist of moneys appropriated by the general assembly. The state treasurer shall be28
custodian of the fund. In accordance with sections 30.170 and 30.180, the state treasurer may29
approve disbursements. The fund shall be a dedicated fund and moneys in the fund shall be used30
solely by the department of public safety for the purposes of providing services for peace31
officers and first responders to assist in coping with stress and potential psychological trauma32
resulting from a response to a critical incident or emotionally difficult event pursuant to33
subsection 1 of this section. Such services may include consultation, risk assessment, education,34
intervention, and other crisis intervention services provided by the department to peace officers35
or first responders affected by a critical incident . The director of public safety may prescribe36
rules and regulations necessary to carry out the provisions of this section. Any rule or portion37
of a rule, as that term is defined in section 536.010, that is created under the authority delegated38
in this section shall b ecome effective only if it complies with and is subject to all of the39
provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are40
nonseverable and if any of the powers vested with the general assembly pursuant to chapter 53641
to review, to delay the effective date, or to disapprove and annul a rule are subsequently held42
unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after43
August 28, 2021, shall be invalid and void.44
(2) Notwithstanding the provisions of section 33.080 to the contrary, any moneys45
remaining in the fund at the end of the biennium shall not revert to the credit of the general46
revenue fund.47
(3) The state treasurer shall invest moneys in the fund in the same manner as other funds48
are invested. Any interest and moneys earned on such investments shall be credited to the fund.49
632.305. 1. An application for detention for evaluation and treatment at a mental health
facility may be executed by any adult person, who need not be an attorney or represented by an2
CCS SS SCS HCS HBs 2637 & 3155 155
attorney, on a form provided by the court for such purpose, and shall allege under oath[, without3
a notarization requirement, ] that the applicant has reason to believe that the respondent is4
suffering from a mental disorder and presents a likelihood of serious harm to himself or herself5
or to others. The application shall specify the factual information on which such belief is based6
and should contain the names and addresses of all persons known to the applicant who have7
knowledge of such facts through personal observation.8
2. The filing of a written application in court by any adult person, who need not be an9
attorney or represented by an attorney, shall authorize the applicant to bring the matter before10
the court on an ex parte basis to determine whether the respondent should be taken into custody11
and transported to a mental health facility. Th e application may be f iled in the court having12
probate jurisdiction in any county where the respondent may be found. If the court finds that13
there is probable cause, either upon testimony under oath or upon a review of affidavits,14
declarations, or other supporting documentation, to believe that the respondent may be suffering15
from a mental disorder and presents a likelihood of serious harm to himself or herself or others,16
it shall direct a peace officer to take the respondent into custody and transport him or her to a17
mental health facility for detention for eval uation and treatment for a period not to exceed18
ninety-six hours unless further detention and treatment is authorized pursuant to this chapter. 19
Nothing herein shall be construed to prohibit the court, in the exercise of its discretion, from20
giving the respondent an opportunity to be heard.21
3. A peace officer may take a person into custody for detention for evaluation and22
treatment at a mental health facility for a period not to exceed ninety-six hours only when such23
peace officer has reasonable cause to believe that such person is suffering from a mental disorder24
and that the likelihood of serious harm by such person to himself or herself or others is imminent25
unless such person is immediately taken into custody. Upon arrival at the mental health facility,26
the peace officer who conveyed su ch person or caused him or her to be conveyed shall either27
present the application for detention for evaluation and treatment upon which the court has28
issued a finding of probable cause and the res pondent was taken into custody or complete an29
application for initial detention for evaluation and treatment for a period not to exceed ninety-six30
hours which shall be based upon his or her own personal observations or investigations and shall31
contain the information required in subsection 1 of this section.32
4. If a person presents himself or herself or is presented by others to a mental health33
facility and a licensed physician, a registered professional nurse or a mental health professional34
designated by the head of the facility and approved by the department for such purpose has35
reasonable cause to believe that the person is mentally disordered and presents an imminent36
likelihood of serious harm to himself or herself or others unless he or she is accepted for37
detention, the licensed physician, the mental health professional or the registered professional38
CCS SS SCS HCS HBs 2637 & 3155 156
nurse designated by the facility and approved by the department may complete an application39
for detention for evaluation and treatment for a period not to exceed ninety-six hours. The40
application shall be based on his or her own personal observations or investigation and shall41
contain the information required in subsection 1 of this section.42
5. (1) No notarization shall be required for an application , or for any affidavits,43
declarations, or other documents supporting an application, completed or executed, by:44
(a) A peace officer under subsection 3 of this section;45
(b) A licensed physician, mental health professional, or registered professional46
nurse under subsection 4 of this section; or47
(c) An employee acting on behalf of a hospital, as defined in section 197.020, under48
subsections 1 and 2 of this section. 49
(2) The application and any affidavits, declarations, or other documents supporting the50
application shall be subject to the provisions of section 492.060 allowing for declaration under51
penalty of perjury.52
632.489. 1. Upon filing a petition pursuan t to section 632.484 or 632.486, the judge
shall determine whether probable cause exists to believe that the person named in the petition2
is a sexually violent predator. If such probable cause determination is made, the judge shall3
direct that person be taken into custody and direct that the person be transferred to an appropriate4
secure facility, including, but not limited to, a county jail. If the person is ordered to the5
department of mental health, the director of the department of mental health shall determine the6
appropriate secure facility to house the person under the provisions of section 632.495.7
2. Within seventy-two hours after a person is taken into custody pursuant to subsection8
1 of this section, excluding Saturdays, Sundays and legal holidays, such person shall be provided9
with notice of, and an opportunity to appear in person at, a hearing to contest probable cause as10
to whether the detained person is a sexually violent predator. At this hearing the court shall:11
(1) Verify the detainee's identity; and12
(2) Determine whether probable cause exists to believe that the person is a sexually13
violent predator. The state may rely upon the petition and supplement the petition with14
additional documentary evidence or live testimony.15
3. At the probable cause hearing as provided in subsection 2 of this section, the detained16
person shall have the following rights in addition to the rights previously specified:17
(1) To be represented by counsel;18
(2) To present evidence on such person's behalf;19
(3) To cross-examine witnesses who testify against such person; and20
(4) To view and copy all petitions and reports in the court file, including the assessment21
of the multidisciplinary team.22
CCS SS SCS HCS HBs 2637 & 3155 157
4. If the probable cause determination is made, the court shall direct that the person be23
transferred to an appropriate secure facility, including, but not limited to, a county jail, for an24
evaluation as to whether the person is a sexually violent predator. If the person is ordered to the25
department of mental health, the director of the department of mental health shall determine the26
appropriate secure facility, which may include the department of corrections or a county jail27
as set forth in section 632.495, to house the person. The court shall direct the director of the28
department of mental health to have the person examined by a psychiatrist or psychologist as29
defined in section 632.005 who was not a member of the multidisciplinary team that previously30
reviewed the person's records. In addition, such person may be examined by a consenting31
psychiatrist or psychologist of the person' s choice at the person's own expense. Any32
examination shall be conducted in the facility in which the person is confined. Any33
examinations ordered shall be made at such time and under such conditions as the court deems34
proper; except that, if the order directs the director of the department of mental health to have35
the person examined, the director shall determine the time, place and conditions under which the36
examination shall be conducted. The psychiatrist or psychologist conducting such an37
examination shall be authorized to intervie w family and associates of the person being38
examined, as well as victims and witnesses of the person's offense or offenses, for use in the39
examination unless the court for good cause orders otherwise. The psychiatrist or psychologist40
shall have access to all materials provided to and considered by the multidisciplinary team and41
to any police reports related to sexual offenses committed by the person being examined. Any42
examination performed pursuant to this section shall be completed and filed with the court43
within sixty days of the date the order is received by the director or other evaluator unless the44
court for good cause orders otherwise. One examination shall be provided at no charge by the45
department. All costs of any subsequent evaluations shall be assessed to the party requesting46
the evaluation.47
632.492. Within sixty days after the completion of any examination held pursuant to
section 632.489, the court shall conduct a trial to determine whether the person is a sexually2
violent predator. The trial may be continued upon the request of either party and a showing of3
good cause, or by the court on its own motion in the due administration of justice, and when the4
respondent will not be substantially prejudiced. At all stages of the proceedings pursuant to5
sections 632.480 to 632.513, any person subject to sections 632.480 to 632.513 shall be entitled6
to the assistance of counsel, and if the person is indigent, the court shall appoint counsel to assist7
such person. The person, the attorney general, or the judge shall have the right to demand that8
the trial be before a jury. If the trial is held before a jury, the judge shall instruct the jury that9
if it finds that the person is a sexually violen t predator, the person sh all be committed to the10
custody of the director of the department of mental health to be housed in an appropriate11
CCS SS SCS HCS HBs 2637 & 3155 158
secure facility, as determined by the director of the department of mental health as set12
forth in section 632.495, for control, care and treatment. If no demand for a jury is made, the13
trial shall be before the court. The court shall conduct all trials pursuant to this section in open14
court, except as otherwise provided for by the child victim witness protection law pursuant to15
sections 491.675 to 491.705.16
632.495. 1. The court or jury shall determine whether, by clear and convincing
evidence, the person is a sexually violent predator. If such determination that the person is a2
sexually violent predator is made by a jury, such determination shall be by unanimous verdict3
of such jury. Any determination as to whether a person is a sexually violent predator may be4
appealed.5
2. If the court or jury determines that the person is a sexually violent predator, the person6
shall be committed to the custody of the director of the department of mental health for control,7
care and treatment until such time as the person's mental abnormality has so changed that the8
person is safe to be at large. Such control, care and treatment shall be provided or arranged by9
the department of mental health in an appropriate secure facility, as determined by the10
director of the department of mental health as set forth in this section.11
3. At all times, persons ordered to the department of mental health after a determination12
by the court that such persons may meet the definition of a sexually violent predator, persons13
ordered to the department of mental health after a finding of probable cause under section14
632.489, and persons committed for control, care a nd treatment by the department of mental15
health pursuant to sections 632.480 to 632.513 shall be kept in a secure facility designated by16
the director of the department of mental health and such persons shall be segregated at all times17
from any other patient under the supervision of the director of the department of mental health. 18
The department of mental health shall not place or house a person ordered to the department of19
mental health after a determination by the court that such person may meet the definition of a20
sexually violent predator, a person ordered to the department of mental health after a finding of21
probable cause under section 632.489, or a person committed for control, care, and treatment by22
the department of mental health, pursuant to sections 632.480 to 632.513, with other mental23
health patients. The provisions of this subsection shall not apply to a person who has been24
conditionally released under section 632.505.25
4. The department of mental health is authorized to enter into an interagency agreement26
with the department of corrections for the confinement of [such] persons ordered to the27
department of mental health after a determ ination by the court that such persons may28
meet the definition of a sexually violent predator or for the confinement of persons ordered29
to the department of mental health after a finding of probable cause under section 632.489,30
provided the department of corrections has necessary space and services available and the31
CCS SS SCS HCS HBs 2637 & 3155 159
director of the department of corrections has agreed to provide such confinement through32
an interagency agreement with the department of mental health. Such persons who are in33
the confinement of the department of corrections pursuant to an interagency agreement shall be34
housed and managed separately from offenders in the custody of the department of corrections,35
and except for occasional instances of supervised incidental contact, shall be segregated from36
such offenders. If the department of mental health and the department of corrections have37
entered into an interagency agreement as provided in this subsection, the department of38
corrections is authorized to enter into one or more contract agreements as may be39
necessary to perform the agreed upon respons ibilities of the department of corrections40
under the interagency agreement including, but not limited to, a contract agreement with41
one or more licensed professionals or providers of health care services to provide health42
care services to the persons identified in this subsection.43
5. The department of mental health is authorized to enter into a contract agreement with44
one or more county jails in Missouri for the confinement of persons ordered to the department45
of mental health after a determination by the court that such persons may meet the definition of46
a sexually violent predator or for the confinement of persons ordered to the department of mental47
health after a finding of probable cause under section 632.489. Su ch persons who are in the48
confinement of a county jail pursuant to a contract agreement shall be housed and managed49
separately from offenders in the custody of the county jail, and except for occasional instances50
of supervised incidental contact, shall be segregated from such offenders.51
6. The department of mental health is authorized to enter into an interagency52
agreement with the department of corrections for the control and care, including health53
care services, of persons committed to the department of mental health by the court as a54
sexually violent predator, provided the department of corrections has necessary space and55
services available and the director of the department of corrections has agreed to provide56
such control and care through an interagency agreement with the department of mental57
health. Such persons who are in the contro l and care of the department of corrections58
under an interagency agreement shall be housed and managed separately from offenders59
in the custody of the department of correct ions, and except for o ccasional instances of60
supervised incidental contact, shall be segregated from such offenders. If the department61
of mental health and the department of co rrections have entered into an interagency62
agreement as provided in this subsection, the department of corrections is authorized to63
enter into one or more contract agreements as may be necessary to perform the agreed64
upon responsibilities of the department of corrections under the interagency agreement65
including, but not limited to, a contract agreement with one or more licensed professionals66
or providers of health care services to provide health care services to the persons identified67
CCS SS SCS HCS HBs 2637 & 3155 160
in this subsection.68
7. The department of mental health is authorized to enter into a contract agreement69
with one or more licensed professionals or providers of health care or mental health care70
services to provide health care or mental he alth care services to persons ordered to the71
department of mental health after a determ ination by the court that such persons may72
meet the definition of a sexually violent p redator, persons ordered to the department of73
mental health after a finding of prob able cause under section 632.489, and persons74
committed for control, care, a nd treatment by the department of mental health under75
sections 632.480 to 632.513.76
8. If the court or jury is not satisfied by clear and convincing evidence that the person77
is a sexually violent predator, the court shall direct the person's release.78
[7.] 9. Upon a mistrial, the court shall direct that the person be held at an appropriate79
secure facility, including, but not limited to, a county jail, until another trial is conducted. If the80
person is ordered to the department of mental health, the director of the department of mental81
health shall determine the appropriate secure facility to house the person. Any subsequent trial82
following a mistrial shall be held within ninety days of the previous trial, unless such subsequent83
trial is continued as provided in section 632.492.84
632.504. Nothing in sections 632.480 to 632.513 shall prohibit a person from filing a
petition for release pursuant to sections 632.480 to 632.513. However, if a person has previously2
filed a petition for release without the [director's] director of the department of mental3
health's approval and the court determined either upon review of the petition or following a4
hearing that the petitioner's petition was frivolous or that the petitioner's condition had not so5
changed that the person was safe to be at large, then the court shall deny the subsequent petition6
unless the petition contains facts upon which a court could find the condition of the petitioner7
had so changed that a hearing was warranted. Upon receipt of a first or subsequent petition from8
committed persons without the director's approval, the court shall endeavor whenever possible9
to review the petition and determine if the petition is based upon frivolous grounds and if so10
shall deny the petition without a hearing.11
632.520. 1. For purposes of this section, the following terms mean:
(1) "Employee of the department of mental health", a person who is an employee of the2
department of mental health, an employee or contracted employee of a subcontractor of the3
department of mental health, or an employee or contracted employee of a subcontractor of an4
entity [responsible for confining offenders] under an interagency agreement or contract with5
the department of mental health as authorized by section 632.495;6
(2) "Offender", a person ordered to the department of mental health after a determination7
by the court that the person meets the definition of a sexually violent predator, a person ordered8
CCS SS SCS HCS HBs 2637 & 3155 161
to the department of mental health after a finding of probable cause under section 632.489, or9
a person committed for control, care, and treatment by the department of mental health under10
sections 632.480 to 632.513;11
(3) "Secure facility", a facility operated by the department of mental health or an entity12
[responsible for confining offenders ] designated by the department of mental health to13
confine offenders or provide control and care to offenders as authorized by section 632.495.14
2. No offender shall knowingly commit violence to an employee of the department of15
mental health or to another offender housed in a secure facility. Violation of this subsection16
shall be a class B felony.17
3. No offender shall knowingly damage any building or other property owned or18
operated by the department of mental health. Violation of this subsection shall be a class D19
felony.20
632.580. The definitions set forth in section 632.005 shall apply to sections 632.580
to 632.610. In addition, as used in sections 632.580 to 632.610, unless the context clearly2
requires otherwise, the following terms mean:3
(1) "Assisted outpatient treatment", court-ordered involuntary outpatient mental4
health care services that are provided by a mental health program under a treatment plan5
developed and monitored by a master's level mental health professional. Such services6
may include, but are not limited to:7
(a) Case management;8
(b) Medication management;9
(c) Therapy or counseling;10
(d) Substance use treatment, if applicable;11
(e) Crisis intervention services; and12
(f) Assistance with housing, employment, or other community resources necessary13
for an individual's stability;14
(2) "Case manager", a mental health professional employed by a certified15
community mental health center who is assigned to a respondent to oversee the16
respondent's compliance with the outpatient treatment plan ordered by the court under17
sections 632.580 to 632.610;18
(3) "Community mental health center", the same meaning given to the term in19
section 205.975;20
(4) "Comprehensive mental health services", the same meaning given to the term21
in section 205.975;22
(5) "Local public health agency", a county health center board established under23
chapter 205, a county health department, a combined city and county health department24
CCS SS SCS HCS HBs 2637 & 3155 162
or agency, a multicounty health departme nt or agency, or any other county health25
authority;26
(6) "Petition", a petition for assisted outpatient treatment filed under section27
632.585 or for continued assisted outpatient treatment filed under section 632.600;28
(7) "Respondent", a person who is allege d in a petition to meet the criteria for29
assisted outpatient treatment in section 632.590;30
(8) "Service area", the same meaning given to the term in section 205.975.31
632.585. 1. A petition for an order authorizing assisted outpatient treatment may
be filed by:2
(1) The director, administrator, or treating physician of a mental health program3
in which the respondent is hospitalized;4
(2) The director, administrator, or trea ting physician of an emergency receiving5
center in which the respondent is receiving services;6
(3) A licensed physician, a registered pr ofessional nurse designated by the7
community mental health center and approved by the department of mental health, or a8
mental health professional from whom the respondent is receiving services;9
(4) The appointed guardian or limited guardian of a ward who is the respondent;10
or11
(5) The department of health and senior services, the department of mental health,12
or any local public health agency located with in the probate jurisdiction in which the13
petition is filed.14
2. The petition may be filed in the court having probate jurisdiction in which the15
respondent is present or reasonably believed to be present or in the probate jurisdiction16
in which the respondent resides.17
3. The petition shall allege under oath, without a notarization requirement, that the18
petitioner has reason to believe that the respondent meets the criteria for assisted19
outpatient treatment in section 632.590. The petition shall specify factual information on20
which such belief is based and shall contain the names and addresses of all persons known21
to the petitioner who have knowledge of such facts through personal observation.22
4. No notarization shall be required for a petition or for any affidavits,23
declarations, or other documents supporting a petition. The petition and any affidavits,24
declarations, or other documents supporting the petition shall be subject to the provisions25
of section 492.060 allowing for declaration under penalty of perjury.26
5. The prosecuting attorney of the county in which a hearing on a petition takes27
place shall represent the petitioner and file and prosecute in court all petitions. Such duty28
shall be fulfilled by the county counselor in counties having a county counselor and by the29
CCS SS SCS HCS HBs 2637 & 3155 163
circuit attorney in any city not within a county.30
632.590. Following receipt of a petition and completion of the procedures required
in section 632.593, a court may issue an order requiring a respondent to participate in2
assisted outpatient treatment if:3
(1) The respondent:4
(a) Is eighteen years of age or older;5
(b) Is suffering from a mental illness;6
(c) Will not obtain treatment in the community voluntarily; and7
(d) Is unable to make an informed decisi on to seek or to comply with voluntary8
treatment; and9
(2) Either:10
(a) Because of the respondent's fulfillment of the criteria of subdivision (1) of this11
section, the respondent requires treatment to prevent a deterioration in the respondent's12
mental illness that would be likely to result in serious harm to the respondent or others as13
described in section 632.305; or14
(b) The respondent has a history of a lack of compliance with treatment for the15
respondent's mental illness, and within the thirty-six months immediately preceding the16
date of the filing of the petition such lack of compliance has either:17
a. At least twice, been a significant factor in necessitating a civil detention period18
for treatment instituted under sections 632.120 or 632.305 or receipt of services in a19
forensic or other mental health unit of any state or local correctional facility, not including20
any period during which the respondent was hospitalized or incarcerated immediately21
preceding the date of the filing of the petition; or22
b. Resulted in one or more acts of violent behavior wi th the intention of causing23
serious physical injury toward self or others or threats of, or attempts of, serious physical24
harm to self or others, not including any period during which the respondent was25
hospitalized or incarcerated immediately preceding the date of the filing of the petition.26
632.593. 1. At the time of filing the petiti on, the court clerk shall set a date and
time for the hearing, which shall take place within two judicial days of the filing of the2
petition. An attorney shall be appointed to represent the respondent as required under3
section 632.450 from the register of attorneys described in section 632.415. An attorney4
so appointed shall be entitled to attorney's fees to the same extent as allowed under section5
632.415. The clerk shall promptly notify the respondent, the respondent's attorney, the6
petitioner, and the petitioner's attorney of th e date and time for the hearing. The court7
shall not grant continuances except upon a showing of good and sufficient cause.8
2. The hearing shall be conducted in as informal a manner as may be consistent9
CCS SS SCS HCS HBs 2637 & 3155 164
with orderly procedure and in a physical setting not likely to have a harmful effect on the10
respondent. The respondent shall have the following rights in addition to those specified11
elsewhere:12
(1) To be represented by an attorney;13
(2) To present evidence on his or her own behalf;14
(3) To cross-examine witnesses who testify against him or her;15
(4) To remain silent;16
(5) To view and copy all petitions and reports in the court file of his or her case;17
(6) To have the hearing open or closed to the public as he or she elects;18
(7) To be proceeded against according to the rules of evidence applicable to civil19
judicial proceedings; and20
(8) To have the hearing before a jury if requested by the respondent or his or her21
attorney.22
3. The respondent shall be present at the hearing unless the respondent's physical23
condition is such that he or she cannot be present in the courtroom or if the court24
determines that the respondent's conduct in the courtroom is so disruptive that the25
proceedings cannot reasonably continue.26
4. The burden of proof at the hearing shall be by clear and convincing evidence and27
shall be upon the petitioner.28
5. If the matter is tried before a jury, the jury shall determine and shall be29
instructed only upon the issu e of whether the respondent meets the criteria for assisted30
outpatient treatment in section 632.590. The remaining procedures for the jury trial shall31
be as in other civil matters.32
6. The respondent shall not be required to file an answer or other responsive33
pleading.34
7. At the conclusion of the hearing, if the court or jury finds, based upon clear and35
convincing evidence, that the respondent meets the criteria for assisted outpatient36
treatment in section 632.590, and the court finds that a mental health program appropriate37
to handle the respondent's condition has agreed to accept the respondent, the court shall38
issue an order requiring the respondent to participate in assisted outpatient treatment with39
the mental health program for a period not to exceed two years.40
8. At the conclusion of the hearing, if the court or jury does not find by clear and41
convincing evidence that the respondent m eets the criteria for assisted outpatient42
treatment in section 632.590, the court shall dismiss the petition.43
9. An order requiring the respondent to participate in assisted outpatient treatment44
based on satisfaction of the provisions of subparagraph a. of paragraph (b) of subdivision45
CCS SS SCS HCS HBs 2637 & 3155 165
(2) of section 632.590 shall not be issued unless the court has considered, or the jury has46
been instructed to consider, at least the following factors:47
(1) The respondent's ability to access finances in order to obtain food or medicine;48
(2) The respondent's ability to obtain treatment for the respondent's medical49
condition;50
(3) The respondent's ability to access necessary resources in the community without51
assistance;52
(4) The degree to which there are risks to the respondent's safety;53
(5) The likelihood that the respondent will decompensate without immediate care54
or treatment;55
(6) The respondent's previous attempts to inflict physical injury on self or others;56
(7) The respondent's history of behavioral health treatment in the community;57
(8) The respondent's patterns of decompensation in the past;58
(9) The respondent's risk of being victimized or harmed by others; and59
(10) The respondent's access to the means to inflict harm on self or others.60
10. Nothing in this section shall prevent the court or jury from considering any61
other factor not described in this section.62
11. If requested by the respondent, the court shall appoint an available licensed63
physician or licensed psychologist to e xamine the respondent and testify at the64
respondent's request. If the respondent or the respondent's attorney so requests, the court65
shall not appoint a licensed physician or licensed psychologist who is an employee of any66
entity in which the respondent is hospitalized or receiving services or who is an employee67
of any entity that filed the petition. The appointment procedures in section 632.420 shall68
apply to any appointment under this subsection.69
12. The physician-patient privilege recognized by section 491.060 and the70
psychologist-patient privilege recognized by section 337.055 shall be deemed waived in71
proceedings under sections 632.580 to 632.610. The fact that such privileges have been72
waived in accordance with this section shall not by itself waive the privileges in any other73
proceeding, civil or criminal. The waiver of the privileges shall extend only to that74
evidence that is directly material and relevant to the proceedings under sections 632.58075
to 632.610.76
13. Appeals from court orders under this section may be made as described in77
section 632.430.78
14. Assisted outpatient treatment shall not be deemed outpatient detention for79
purposes of this chapter, and no provision of this chapter relating to the requirements for80
inpatient or outpatient detention proceedings shall apply to assisted outpatient treatment81
CCS SS SCS HCS HBs 2637 & 3155 166
under sections 632.580 to 632.610 unless such provision has been specifically incorporated82
into sections 632.580 to 632.610 by reference or otherwise.83
15. The provisions of section 632.440 shall apply to assisted outpatient treatment84
under sections 632.580 to 632.610.85
632.595. 1. The court shall assign a case manager from a certified community
behavioral health clinic to each respondent ordered to participate in assisted outpatient2
treatment.3
2. The case manager and the respondent shall report to the court at least once every4
ninety days. The court may, at its discretio n, request more frequent appearances. The5
case manager shall immediately report to the court a substantial failure of the respondent6
or the mental health program providing the assisted outpatient treatment to comply with7
the conditions of the assisted outpatient treatment.8
632.600. 1. The court order for assisted outpatient treatment shall expire at the end
of the period specified in the order unless a petition for an extension has been filed. If any2
person or entity authorized to file a petition under section 632.585 determines that a3
respondent requires further involuntary assisted outpatient treatment, the person or entity4
shall file a petition for continued assisted outpatient treatment before the expiration of the5
involuntary assisted outpatient treatment ordered by the court.6
2. The procedure for obtaining an extension shall be the same as for obtaining the7
original order, except that the thirty-six-month time period provided in paragraph (b) of8
subdivision (2) of section 632.590 shall no t be applicable in determining the9
appropriateness of an extension.10
632.605. 1. During the period of an order for assisted outpatient treatment, if the
mental health program or mental health professional who is providing the respondent's2
assisted outpatient treatment determines th at the respondent is not complying with the3
court order, the mental health program or mental health professional shall notify the court4
immediately.5
2. If it comes to the attention of the court that a respondent subject to an order of6
assisted outpatient treatment is not complying with the order, the court may require one7
or more of the following, without a hearing:8
(1) That the respondent be taken for evaluation to a community mental health9
center providing comprehensive mental health services to individuals residing in the10
service area in which the respondent resides;11
(2) That the respondent be hospitalized in a psychiatric hospital for a period of not12
more than ten days; and13
(3) Upon recommendation by the community mental health center providing14
CCS SS SCS HCS HBs 2637 & 3155 167
comprehensive mental health services to individuals residing in the service area in which15
the respondent resides, that the individual be hospitalized for a period of more than ten16
days, but not longer than the duration of the order for assisted outpatient treatment, or not17
longer than ninety days, whichever is less.18
3. The court may direct peace officers to transport the respondent to a designated19
facility or a community mental health cent er, as applicable, and the court may specify20
conditions under which the respondent may return to assisted outpatient treatment before21
the order expires. Reimbursement for transportation costs shall be allowed as provided22
under section 632.312.23
4. A respondent hospitalized without a hearing as provided in subsection 2 of this24
section may object to the hospitalization. Upon transfer of the respondent to the hospital,25
the hospital shall notify the respondent of hi s or her right to object under this section. 26
Upon receipt of an objection to the hospitalization, the court shall schedule a hearing for27
a determination that the individual requires hospitalization. The respondent shall have28
all rights specified in section 632.593 at the hearing. The court shall order the respondent29
discharged from hospitalizat ion unless the court or jury finds, based upon clear and30
convincing evidence, that the respondent re quires hospitalization as a result of the31
respondent's failure to comply with the order for assisted outpatient treatment.32
632.610. Beginning December 1, 2028, the office of state courts administrator shall
submit an annual report to the general assembly summarizing:2
(1) The number of individuals subject to orders for assisted outpatient treatment;3
(2) Statistics on compliance and noncom pliance rates with assisted outpatient4
treatment; and5
(3) Any impact that assisted outpatie nt treatment has on hospitalization and6
incarceration rates.7
Section 1. In the event that any section, provision, clause, phrase, or word of this
act or the application thereof is declared invalid under the Consti tution of the United2
States or the Constitution of the State of Missouri, whether on procedural or substantive3
grounds, it is the intent of the general assemb ly that the remaining sections of this act4
remain in force and effect as far as they a re capable of being carried into execution as5
intended by the general assembly. The genera l assembly hereby decl ares that it would6
have passed each section, provision, clause, phrase, or word thereof, irrespective of the fact7
that any one or more sections, provisions, clauses, phrases, or words of this act or the8
application of this act would be declared unenforceable, unconstitutional, or invalid.9
[211.436. 1. Instruments of restraint, including handcuffs, chains,
irons, or straitjackets, shall not be used on a child during a proceeding in a2
CCS SS SCS HCS HBs 2637 & 3155 168
juvenile court and shall be removed prior to the child's appearance before the3
court unless, after a hearing, the court finds both that:4
(1) The use of restra ints is necessary due to one of the following5
factors:6
(a) Instruments of restraint are necessary to prevent physical harm to7
the child or another person;8
(b) The child has a history of disruptive courtroom behavior that has9
placed others in potentially harmful situations or presents a substantial risk of10
inflicting physical harm on himself or herself or others as evidenced by recent11
behavior; or12
(c) There is evidence that the child presents a substantial risk of flight13
from the courtroom; and14
(2) There are no less restrictive alte rnatives to rest raints that will15
prevent flight or physical harm to the child or another person including, but16
not limited to, the presence of court personnel, law enforcement officers, or17
bailiffs.18
2. If the juvenile officer believes that there is an immediate safety or19
flight risk, as provided under subsection 1 of this section, the juvenile officer20
shall advise the attorney for the child and make a request in writing prior to21
the commencement of the proceeding for the child to remain restrained during22
the court proceeding while in the presence of the parties to the proceeding.23
3. If a request for restraints is made by the juvenile officer, the court24
shall order a hearing and provide the child's attorney an opportunity to be25
heard before the court orders the use of restraints. If restraints are ordered, the26
court shall make findings of fact in support of the order.27
4. If restraints are used, the restraints shall allow the child limited28
movement of the hands to read and handle documents and writings necessary29
to the proceeding. Under no circumstances shall a child be restrained using30
restraints fixed to a wall, floor, furniture, or other stationary object.31
5. Leg restraints shall not be us ed on a child unless the child is32
charged with a class A or class B felony, or the official overseeing custody33
of the child determines the child to be an immediate safety or flight risk.]34
[589.402. 1. The chief law enforcement officer of the county or city
not within a county may maintain a web page on the internet, which shall be2
open to the public and shall include a registered sexual offender search3
capability.4
2. Except as provided in subsections 4 and 5 of this section, the5
registered sexual offender search shall make it possible for any person using6
the internet to search for and find the information specified in subsection 3 of7
this section, if known, on offenders registered in this state pursuant to sections8
589.400 to 589.425.9
3. Only the information listed in this subsection shall be provided to10
the public in the registered sexual offender search:11
CCS SS SCS HCS HBs 2637 & 3155 169
(1) The name and any known aliases of the offender;12
(2) The date of birth and any known alias dates of birth of the13
offender;14
(3) A physical description of the offender;15
(4) The residence, temporary, work, and school addresses of the16
offender, including the street address, city, county, state, and zip code;17
(5) Any photographs of the offender;18
(6) A physical description of the offender's vehicles, including the19
year, make, model, color, and license plate number;20
(7) The nature and dates of a ll offenses qualifying the offender to21
register, including the tier level assigned to the offender under sections22
589.400 to 589.425;23
(8) The date on which the offender was released from the department24
of mental health, prison, or jail, or placed on parole, supervised release, or25
probation for the offenses qualifying the offender to register;26
(9) Compliance status of the offender with the provisions of sections27
589.400 to 589.425; and28
(10) Any online identifiers, as defined in section 43.651, used by the29
person. Such online identifiers shall not be included in the general profile of30
an offender on the web page and shall only be available to a member of the31
public by a search using the specific online identifier to determine if a match32
exists with a registered offender.33
4. The chief law enforcement officer of any county or city not within34
a county may publish in any newspaper distributed in the county or city not35
within a county the sexual offender information provided under subsection 336
of this section for any offender residing in the county or city not within a37
county.38
5. Juveniles required to register under subdivision (6) of subsection39
1 of section 589.400 shall be exempt from public notification to include any40
adjudications from another state, territory, the District of Columbia, or foreign41
country or any federal, tribal, or military jurisdiction.]42
Section B. The repeal of sections 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, 566.125,2
566.210, 566.211, 568.060, and 589.425 as enacted by senate substitute no. 3 for senate bill3
number 888, one hundred third general assembly, second regular session, of this act shall4
become effective on August 28, 2026. The repeal and reenactment of sections 217.362, 217.690,5
217.760, 557.011, 557.021, 558.011, 558.019, 558.026, 558.031, 558.046, 559.115, 566.030,6
566.060, 566.125, 566.210, 566.211, 568.060, and 589.425 of this act shall become effective on7
January 1, 2028.8
Section C. The repeal and reenactment of sections 565.002, 565.050, 565.052, 565.054,
565.056, 565.072, 565.073, 565.074, 565.076, 565.090, 565.091, 565.225, and 565.227 and the2
CCS SS SCS HCS HBs 2637 & 3155 170
enactment of sections 27.117, 565.260, 565.400, and 565.405 of this act shall become effective3
on July 1, 2027. 4
Section D. Because immediate action is necessary to address the urgent need of Missouri
law enforcement agencies to be able to ensure and provide for the safety and security of2
Missouri residents from the threat that weaponized unmanned aircraft systems present to3
Missouri, the enactment of sections 589.900 and 589.902 and the repeal and reenactment of4
section 577.800 of this act are deemed necessary for the immediate preservation of the public5
health, welfare, peace, and safety, and is hereby declared to be an emergency act within the6
meaning of the constitution, and the enactment of sections 589.900 and 589.902 and the repeal7
and reenactment of section 577.800 of this act shall be in full force and effect upon its passage8
and approval.9
T