Modifies provisions relating to the criminal systems

EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
[TRULY AGREED TO AND FINALLY PASSED]
SENATE SUBSTITUTE NO. 3 FOR
SENATE BILL NO. 888
103RD GENERAL ASSEMBLY
2026
5440S.14T
AN ACT
To repeal sections 43.503, 211.021, 211.071, 211.319, 211.331, 211.341, 211.436, 217.362,
217.690, 217.760, 556.061, 557.011, 557.021, 558.011, 558.016, 558.019, 558.026,
558.031, 558.046, 559.115, 566.030, 566.032, 566.060, 566.103, 566.125, 566.203,
566.209, 566.210, 566.211, 568.045, 568.060, and 589.425, RSMo, and to enact in lieu
thereof thirty-four new sections relating to the criminal justice system, with penalty
provisions and an effective date for certain sections.

Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 43.503, 211.021, 211.071, 211.319, 1
211.331, 211.341, 211.436, 217.362, 217.690, 217.760, 556.061, 2
557.011, 557.021, 558.011, 558.016, 558.019, 558.026, 558.031, 3
558.046, 559.115, 566.030, 566.032, 566.060, 566.103, 566.125, 4
566.203, 566.209, 566.210, 566.211, 568.045, 568.060, and 5
589.425, RSMo, are repealed and thirty-four new sections 6
enacted in lieu thereof, to be known as sections 43.503, 7
211.021, 211.071, 211.319, 211.331, 211.341, 211.342, 211.436, 8
217.362, 217.690, 217.760, 556.061, 557.011, 557.021, 558.011, 9
558.016, 558.019, 558.026, 558.031, 558.046, 559.115, 566.030, 10
566.032, 566.060, 566.103, 566.125, 566.203, 566.209, 566.210, 11
566.211, 568.045, 568.060, 589.425, and 1, to read as follows:12
43.503. 1. For the purpose of maintaining complete 1
and accurate criminal history record information, all police 2
officers of this state, the clerk of each court, the 3
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department of corrections, the sheriff of each county, the 4
chief law enforcement official of a city not within a county 5
and the prosecuting attorney of each county or the circuit 6
attorney of a city not within a county shall submit certain 7
criminal arrest, charge, and disposition information to the 8
central repository for filing without undue delay in the 9
form and manner required by sections 43.500 to 43.651. 10
2. All law enforcement agencies making misdemeanor and 11
felony arrests as determined by section 43.506 shall furnish 12
without undue delay, to the central repository, 13
fingerprints, photograph, and if available, any other unique 14
biometric identification collected, charges, appropriate 15
charge codes, and descriptions of all persons who are 16
arrested for such offenses on standard fingerprint forms 17
supplied or approved by the highway patrol or electronically 18
in a format and manner approved by the highway patrol and in 19
compliance with the standards set by the Federal Bureau of 20
Investigation in its Automated Fingerprint Identification 21
System or its successor program. All such agencies shall 22
also notify the central repository of all decisions not to 23
refer such arrests for prosecution. An agency making such 24
arrests may enter into arrangements with other law 25
enforcement agencies for the purpose of furnishing without 26
undue delay such fingerprints, photograph, and if available, 27
any other unique biometric identification collected, 28
charges, appropriate charge codes, and descriptions to the 29
central repository upon its behalf. 30
3. In order for the Missouri office of prosecution 31
services to maintain complete and accurate statewide reports 32
as required by section 56.750, on or before January 1, 2028, 33
and thereafter, all police officers of this state, the 34
sheriff and each deputy sheriff of each county, and the 35
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chief law enforcement official of a city not within a county 36
and his or her officers shall submit referrals for any 37
traffic violation, ordinance violation, or misdemeanor or 38
felony offense referred to a prosecuting or circuit attorney 39
in the form and manner approved by the Missouri office of 40
prosecution services as required by subdivision (7) of 41
subsection 1 of section 56.750. At a minimum, any referral 42
to a prosecuting attorney or circuit attorney for a felony 43
offense shall include a probable cause statement and an 44
investigative report. Any law enforcement agency that 45
violates this subsection shall be ineligible to receive 46
state or federal funds that would otherwise be paid to such 47
agency for law enforcement, safety, or criminal justice 48
purposes. 49
4. In instances where an individual [less than 50
seventeen] under eighteen years of age and not currently 51
certified as an adult is taken into custody for an offense 52
[which] that would be a class A or B felony, felony under 53
chapter 566, or two felony offenses arising from distinct 54
acts committed within one year of each other, if committed 55
by an adult, the arresting officer shall take fingerprints 56
for the central repository. These fingerprints shall be 57
taken on fingerprint cards supplied by or approved by the 58
highway patrol or transmitted electronically in a format and 59
manner approved by the highway patrol and in compliance with 60
the standards set by the Federal Bureau of Investigation in 61
its Automated Fingerprint Identification System or its 62
successor program. [The fingerprint cards shall be so 63
constructed that the name of the juvenile should not be made 64
available to the central repository.] The individual's name 65
and the unique number associated with the fingerprints and 66
other pertinent information shall be provided to the court 67
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of jurisdiction by the agency taking the juvenile into 68
custody. The juvenile's fingerprints and other information 69
shall be forwarded to the central repository and the courts 70
without undue delay. The fingerprint information from the 71
card shall be captured and stored in the automated 72
fingerprint identification system operated by the central 73
repository. In the event the fingerprints are found to 74
match other tenprints or unsolved latent prints, the central 75
repository shall notify the submitting agency who shall 76
notify the court of jurisdiction as per local agreement. 77
Under section 211.031, in instances where a juvenile over 78
fifteen and one-half years of age is alleged to have 79
violated a state or municipal traffic ordinance or 80
regulation, which does not constitute a felony, and the 81
juvenile court does not have jurisdiction, the juvenile 82
shall not be fingerprinted unless certified as an adult. 83
Records of a juvenile who has been fingerprinted under this 84
subsection shall be closed records as provided under section 85
610.120. 86
5. Upon certification of the individual as an adult, 87
the certifying court shall order a law enforcement agency to 88
immediately fingerprint and photograph the individual and 89
certification papers will be forwarded to the appropriate 90
law enforcement agency with the order for fingerprinting. 91
The law enforcement agency shall submit such fingerprints, 92
photograph, and certification papers to the central 93
repository within fifteen days and shall furnish the offense 94
cycle number associated with the fingerprints to the 95
prosecuting attorney or the circuit attorney of a city not 96
within a county and to the clerk of the court ordering the 97
subject fingerprinted. If the juvenile is acquitted of the 98
crime and is no longer certified as an adult, the 99
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prosecuting attorney shall notify within fifteen days the 100
central repository of the change of status of the juvenile. 101
Records of a child who has been fingerprinted and 102
photographed after being taken into custody shall be closed 103
records as provided under section 610.100 if a petition has 104
not been filed within thirty days of the date that the child 105
was taken into custody; and if a petition for the child has 106
not been filed within one year of the date the child was 107
taken into custody, any records relating to the child 108
concerning the alleged offense may be expunged under the 109
procedures in sections 610.122 to 610.126. 110
6. The prosecuting attorney of each county or the 111
circuit attorney of a city not within a county or the 112
municipal prosecuting attorney shall notify the central 113
repository on standard forms supplied by the highway patrol 114
or in a manner approved by the highway patrol of his or her 115
decision to not file a criminal charge on any charge 116
referred to such prosecuting attorney or circuit attorney 117
for criminal charges. All records forwarded to the central 118
repository and the courts by prosecutors or circuit 119
attorneys as required by sections 43.500 to 43.530 shall 120
include the state offense cycle number of the offense, the 121
charge code for the offense, and the originating agency 122
identifier number of the reporting prosecutor, using such 123
numbers as assigned by the highway patrol. 124
7. The clerk of the courts of each county or city not 125
within a county or municipal court clerk shall furnish the 126
central repository, on standard forms supplied by the 127
highway patrol or in a manner approved by the highway 128
patrol, with a record of all charges filed, including all 129
those added subsequent to the filing of a criminal court 130
case, amended charges, and all final dispositions of cases 131
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for which the central repository has a record of an arrest 132
or a record of fingerprints reported pursuant to sections 133
43.500 to 43.506. Such information shall include, for each 134
charge: 135
(1) All judgments of not guilty, acquittals on the 136
ground of mental disease or defect excluding responsibility, 137
judgments or pleas of guilty including the sentence, if any, 138
or probation, if any, pronounced by the court, nolle pros, 139
discharges, releases and dismissals in the trial court; 140
(2) Court orders filed with the clerk of the courts 141
which reverse a reported conviction or vacate or modify a 142
sentence; 143
(3) Judgments terminating or revoking a sentence to 144
probation, supervision or conditional release and any 145
resentencing after such revocation; and 146
(4) The offense cycle number of the offense, and the 147
originating agency identifier number of the sentencing 148
court, using such numbers as assigned by the highway patrol. 149
8. The clerk of the courts of each county or city not 150
within a county shall furnish, to the department of 151
corrections or department of mental health, court judgment 152
and sentence documents and the state offense cycle number 153
and the charge code of the offense which resulted in the 154
commitment or assignment of an offender to the jurisdiction 155
of the department of corrections or the department of mental 156
health if the person is committed pursuant to chapter 552. 157
This information shall be reported to the department of 158
corrections or the department of mental health at the time 159
of commitment or assignment. If the offender was already in 160
the custody of the department of corrections or the 161
department of mental health at the time of such subsequent 162
conviction, the clerk shall furnish notice of such 163
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subsequent conviction to the appropriate department by 164
certified mail, return receipt requested, or in a manner and 165
format mutually agreed to, within fifteen days of such 166
disposition. 167
9. Information and fingerprints, photograph and if 168
available, any other unique biometric identification 169
collected, forwarded to the central repository, normally 170
obtained from a person at the time of the arrest, may be 171
obtained at any time the subject is in the criminal justice 172
system or committed to the department of mental health. A 173
law enforcement agency or the department of corrections may 174
fingerprint, photograph, and capture any other unique 175
biometric identification of the person unless collecting 176
other unique biometric identification of the person is not 177
financially feasible for the law enforcement agency, and 178
obtain the necessary information at any time the subject is 179
in custody. If at the time of any court appearance, the 180
defendant has not been fingerprinted and photographed for an 181
offense in which a fingerprint and photograph is required by 182
statute to be collected, maintained, or disseminated by the 183
central repository, the court shall order a law enforcement 184
agency or court marshal to fingerprint and photograph 185
immediately the defendant. The order for fingerprints shall 186
contain the offense, charge code, date of offense, and any 187
other information necessary to complete the fingerprint 188
card. The law enforcement agency or court marshal shall 189
submit such fingerprints, photograph, and if available, any 190
other unique biometric identification collected, to the 191
central repository without undue delay and within thirty 192
days and shall furnish the offense cycle number associated 193
with the fingerprints to the prosecuting attorney or the 194
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circuit attorney of a city not within a county and to the 195
court clerk of the court ordering the subject fingerprinted. 196
10. The department of corrections and the department 197
of mental health shall furnish the central repository with 198
all information concerning the receipt, escape, execution, 199
death, release, pardon, parole, commutation of sentence, 200
granting of executive clemency, legal name change, or 201
discharge of an individual who has been sentenced to that 202
department's custody for any offenses which are mandated by 203
law to be collected, maintained or disseminated by the 204
central repository. All records forwarded to the central 205
repository by the department as required by sections 43.500 206
to 43.651 shall include the offense cycle number of the 207
offense, and the originating agency identifier number of the 208
department using such numbers as assigned by the highway 209
patrol. 210
211.021. As used in this chapter, unless the context 1
clearly requires otherwise, the following terms shall mean: 2
(1) "Adult" [means], a person eighteen years of age or 3
older; 4
(2) "Child" [means], any person under eighteen years 5
of age; 6
(3) "Juvenile court" [means], the juvenile division or 7
divisions of the circuit court of the county, or judges 8
while hearing juvenile cases assigned to them; 9
(4) "Juvenile detention facility", a place for the 10
temporary care of a juvenile in judicial custody in a 11
proceeding under subdivision (2) or (3) of subsection 1 of 12
section 211.031 and includes a place that is physically 13
confining, but does not include a jail or other adult 14
detention facility unless the juvenile is seventeen years of 15
age or older or unless the juvenile detention facility is 16
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operated, administered, and staffed separately and 17
independently of a jail or other adult detention facility 18
and used exclusively for the lawful custody and treatment of 19
juveniles. A juvenile detention facility may be located in 20
the same building or grounds as a jail or other adult 21
detention facility if there is spatial separation between 22
the facilities which prevents haphazard or accidental 23
contact between juvenile and adult detainees; there is 24
separation between juvenile and adult program activities; 25
and there are separate juvenile and adult staff other than 26
specialized support staff who have infrequent contact with 27
detainees. The facility may be owned or operated by public 28
or private agencies; 29
(5) "Legal custody" [means], the right to the care, 30
custody and control of a child and the duty to provide food, 31
clothing, shelter, ordinary medical care, education, 32
treatment and discipline of a child. Legal custody may be 33
taken from a parent only by court action and if the legal 34
custody is taken from a parent without termination of 35
parental rights, the parent's duty to provide support 36
continues even though the person having legal custody may 37
provide the necessities of daily living; 38
[(5)] (6) "Parent" [means], either a natural parent or 39
a parent by adoption and if the child is illegitimate, 40
"parent" means the mother; 41
[(6)] (7) "Shelter care" [means], the temporary care 42
of juveniles in physically unrestricting facilities pending 43
final court disposition. These facilities may include: 44
(a) "Foster home", the private home of foster parents 45
providing twenty-four-hour care to one to three children 46
unrelated to the foster parents by blood, marriage or 47
adoption; 48
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(b) "Group foster home", the private home of foster 49
parents providing twenty-four-hour care to no more than six 50
children unrelated to the foster parents by blood, marriage 51
or adoption; 52
(c) "Group home", a child care facility which 53
approximates a family setting, provides access to community 54
activities and resources, and provides care to no more than 55
twelve children. 56
211.071. 1. (1) If a petition or motion to modify 1
alleges that a child between the ages of fourteen and 2
eighteen has committed an offense that would be considered a 3
class A or B felony, felony under chapter 566, or three 4
felony offenses arising from distinct acts committed within 5
one hundred eighty days of each other, if committed by an 6
adult, the court may, upon its own motion or upon motion by 7
the juvenile officer, the office of the prosecuting or 8
circuit attorney, the child, or the child's custodian, order 9
a hearing at which the prosecuting or circuit attorney may 10
present evidence if the prosecuting or circuit attorney 11
filed the petition, and may, in its discretion, dismiss the 12
petition or motion to modify and such child may be 13
transferred to the court of general jurisdiction and 14
prosecuted under the general law; except that, if a petition 15
alleges that a child between the ages of twelve and eighteen 16
has committed an offense that would be considered first 17
degree murder under section 565.020, second degree murder 18
under section 565.021, first degree assault under section 19
565.050, forcible rape under section 566.030 as it existed 20
prior to August 28, 2013, rape in the first degree under 21
section 566.030, forcible sodomy under section 566.060 as it 22
existed prior to August 28, 2013, sodomy in the first degree 23
under section 566.060, first degree robbery under section 24
SS#3 SB 888 11
569.020 as it existed prior to January 1, 2017, robbery in 25
the first degree under section 570.023, distribution of 26
drugs under section 195.211 as it existed prior to January 27
1, 2017, or the manufacturing of a controlled substance 28
under section 579.055, if committed by an adult, or a 29
dangerous felony as defined in section 556.061, or any 30
felony involving the use, assistance, or aid of a deadly 31
weapon, or has committed two or more prior unrelated 32
offenses that would be felonies if committed by an adult, 33
the court shall order a hearing, and may, in its discretion, 34
dismiss the petition or motion to modify and transfer the 35
child to a court of general jurisdiction for prosecution 36
under the general law. 37
(2) The moving party shall be solely responsible for 38
all duties enumerated under this section. If the juvenile 39
officer forwards to the prosecuting or circuit attorney a 40
class A or B felony that is not certified by the juvenile 41
officer, the prosecuting or circuit attorney shall notify 42
the juvenile officer within fourteen days of the decision to 43
certify the case. 44
2. Upon apprehension and arrest, jurisdiction over the 45
criminal offense allegedly committed by any person between 46
eighteen and twenty-one years of age over whom the juvenile 47
court has retained continuing jurisdiction shall 48
automatically terminate and that offense shall be dealt with 49
in the court of general jurisdiction as provided in section 50
211.041. 51
3. Knowing and willful age misrepresentation by a 52
juvenile subject shall not affect any action or proceeding 53
which occurs based upon the misrepresentation. Any evidence 54
obtained during the period of time in which a child 55
misrepresents his or her age may be used against the child 56
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and will be subject only to rules of evidence applicable in 57
adult proceedings. 58
4. Written notification of a transfer hearing shall be 59
given to the juvenile and his or her custodian in the same 60
manner as provided in sections 211.101 and 211.111. Notice 61
of the hearing may be waived by the custodian. Notice shall 62
contain a statement that the purpose of the hearing is to 63
determine whether the child is a proper subject to be dealt 64
with under the provisions of this chapter, and that if the 65
court finds that the child is not a proper subject to be 66
dealt with under the provisions of this chapter, the 67
petition or motion to modify will be dismissed to allow for 68
prosecution of the child under the general law. 69
5. The juvenile officer [may] shall consult with the 70
office of prosecuting or circuit attorney concerning any 71
offense for which the child could be certified as an adult 72
under this section. The prosecuting or circuit attorney 73
shall [have access to] be provided police reports, reports 74
of the juvenile or deputy juvenile officer, statements of 75
witnesses, a copy of the completed Missouri Juvenile 76
Detention Assessment Form (JDTA) or similar form that was 77
used in determining detention, and all other records or 78
reports relating to the offense alleged to have been 79
committed by the child. The prosecuting or circuit attorney 80
shall have access to the disposition records of the child 81
when the child has been adjudicated pursuant to subdivision 82
(3) of subsection 1 of section 211.031. The prosecuting or 83
circuit attorney shall not divulge any information regarding 84
the child and the offense until the juvenile court at a 85
judicial hearing has determined that the child is not a 86
proper subject to be dealt with under the provisions of this 87
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chapter. Any sanction recommended as a result of the JDTA 88
shall be used as a guideline and shall not be mandatory. 89
6. In every incident, the juvenile officer shall 90
consider legally sufficient charges submitted by a law 91
enforcement agency when utilizing the JDTA form to determine 92
whether or not to detain a child and shall provide a copy of 93
that completed JDTA form to the law enforcement agency once 94
a determination has been made. For purposes of this 95
section, the term "legally sufficient" means a reasonable 96
belief with articulable facts that a crime has been or is 97
being committed based on the totality of the circumstances. 98
7. Notwithstanding any other provision of law or the 99
Missouri supreme court operating rules to the contrary, law 100
enforcement agencies who detain juveniles for offenses where 101
fingerprinting is required, shall collect fingerprints and 102
forward detention information to the central repository, in 103
a manner prescribed by the central repository. The juvenile 104
officer and court of jurisdiction over the juvenile offender 105
shall report all adjudication, delinquency, and custody 106
information to the central repository, in a manner 107
prescribed by the central repository. All information 108
reported under this section shall be available to criminal 109
justice agencies for the administration of criminal justice 110
under section 43.500 through the Missouri Uniform Law 111
Enforcement System (MULES). Such records maintained by the 112
central repository under this subsection shall be closed 113
pursuant to section 610.120. 114
8. A written report shall be prepared in accordance 115
with this chapter developing fully all available information 116
relevant to the criteria which shall be considered by the 117
court in determining whether the child is a proper subject 118
to be dealt with under the provisions of this chapter and 119
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whether there are reasonable prospects of rehabilitation 120
within the juvenile justice system. These criteria shall 121
include but not be limited to: 122
(1) The seriousness of the offense alleged and whether 123
the protection of the community requires transfer to the 124
court of general jurisdiction; 125
(2) Whether the offense alleged involved viciousness, 126
force and violence; 127
(3) Whether the offense alleged was against persons or 128
property with greater weight being given to the offense 129
against persons, especially if personal injury resulted; 130
(4) Whether the offense alleged is a part of a 131
repetitive pattern of offenses which indicates that the 132
child may be beyond rehabilitation under the juvenile code; 133
(5) The record and history of the child, including 134
experience with the juvenile justice system, other courts, 135
supervision, commitments to juvenile institutions and other 136
placements; 137
(6) The sophistication and maturity of the child as 138
determined by consideration of his or her home and 139
environmental situation, emotional condition and pattern of 140
living; 141
(7) The age of the child; 142
(8) The program and facilities available to the 143
juvenile court in considering disposition; 144
(9) Whether or not the child can benefit from the 145
treatment or rehabilitative programs available to the 146
juvenile court; and 147
(10) Racial disparity in certification. 148
[7.] 9. If the court dismisses the petition to permit 149
the child to be prosecuted under the general law, the court 150
shall enter a dismissal order containing: 151
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(1) Findings showing that the court had jurisdiction 152
of the cause and of the parties; 153
(2) Findings showing that the child was represented by 154
counsel; 155
(3) Findings showing that the hearing was held in the 156
presence of the child and his or her counsel; and 157
(4) Findings showing the reasons underlying the 158
court's decision to transfer jurisdiction. 159
[8.] 10. A copy of the petition or motion to modify 160
and order of the dismissal shall be sent to the prosecuting 161
attorney. 162
[9.] 11. When a petition or motion to modify has been 163
dismissed thereby permitting a child to be prosecuted under 164
the general law and the prosecution of the child results in 165
a conviction, the jurisdiction of the juvenile court over 166
that child is forever terminated, except as provided in 167
subsection [10] 12 of this section, for an act that would be 168
a violation of a state law or municipal ordinance. 169
[10.] 12. If a petition or motion to modify has been 170
dismissed thereby permitting a child to be prosecuted under 171
the general law and the child is found not guilty by a court 172
of general jurisdiction, the juvenile court shall have 173
jurisdiction over any later offense committed by that child 174
which would be considered a misdemeanor or felony if 175
committed by an adult, subject to the certification 176
provisions of this section. 177
[11.] 13. If the court does not dismiss the petition 178
or motion to modify to permit the child to be prosecuted 179
under the general law, it shall set a date for the hearing 180
upon the petition as provided in section 211.171. 181
211.319. 1. On or before July 1, 2005, all juvenile 1
court proceedings conducted pursuant to subdivision (1) of 2
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subsection 1 of section 211.031 and for termination of 3
parental rights cases pursuant to sections 211.442 to 4
211.487 initiated by a juvenile officer or the division 5
shall be open to the public; except that, when the parent 6
has consented in writing to the termination of his or her 7
parental rights in conjunction with a placement with a 8
licensed child-placing agency under subsection 6 of section 9
453.010, the hearing shall be closed. The court, on its own 10
motion, may exclude for good cause shown any person or 11
persons from the proceedings to protect the welfare and best 12
interests of the child and for exceptional circumstances. 13
Any party to a juvenile court proceeding referred to in this 14
subsection, except the state, may file a motion requesting 15
that the general public be excluded from the proceeding or 16
any portion of the proceeding. Upon the filing of such 17
motion, the court shall hear arguments by the parties, but 18
no evidence, and shall make a determination whether closure 19
is in the best interest of the parties or whether it is in 20
the public interest to deny such motion. The court shall 21
make a finding on the record when a motion to close a 22
hearing pursuant to this section is made and heard by the 23
court. 24
2. Notwithstanding the provisions of subsection 1 of 25
this section, the general public shall be excluded from all 26
juvenile court proceedings referred to in subsection 1 of 27
this section during the testimony of any child or victim and 28
only such persons who have a direct interest in the case or 29
in the work of the court will be admitted to the proceedings. 30
3. For juvenile court proceedings described in 31
subsection 1 of this section, pleadings and orders of the 32
juvenile court other than confidential files and those 33
specifically ordered closed by the juvenile court judge 34
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shall be open to the general public. For purposes of this 35
section, "confidential file" means all other records and 36
reports considered closed or confidential by law, including 37
but not limited to medical reports, psychological or 38
psychiatric evaluations, investigation reports of the 39
children's division, social histories, home studies, and 40
police reports and law enforcement records. Only persons 41
who are found by the court to have a legitimate interest 42
shall be allowed access to confidential or closed files. In 43
determining whether a person has a legitimate interest, the 44
court shall consider the nature of the proceedings, the 45
welfare and safety of the public, and the interest of any 46
child involved. 47
4. For records made available to the public pursuant 48
to this section: 49
(1) The identity of any child involved except the 50
perpetrator shall not be disclosed and all references in 51
such records to the identity of any child involved except 52
the perpetrator shall be redacted prior to disclosure to the 53
public; and 54
(2) All information that may identify or lead to the 55
disclosure of the identity of a reporter of child abuse 56
under sections 210.109 to 210.183 and section 352.400 shall 57
not be disclosed to the public. 58
5. All juvenile court proceedings conducted pursuant 59
to subdivision (3) of subsection 1 of section 211.031 shall 60
not be open to the general public. 61
6. The provisions of this section shall apply to 62
juvenile court proceedings and records specified in this 63
section in which the initial pleadings are filed on or after 64
July 1, 2005. 65
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211.331. 1. In each county of the first and second 1
classifications and in [the city of St. Louis] any city not 2
within a county, it is the duty of the county [commission, 3
or, where there is no county commission, such other 4
authorized] governing body, to provide a place of juvenile 5
detention [for children coming within the provisions of this 6
chapter] or juvenile detention facility. It is also the 7
duty of the county [commission or other authorized] 8
governing body to provide offices for the personnel of the 9
juvenile court. 10
2. The place of juvenile detention or juvenile 11
detention facility shall be so located and arranged that the 12
child being detained does not come in contact, at any time 13
or in any manner, with adults convicted or under arrest, and 14
the care of children in detention shall approximate as 15
closely as possible the care of children in good homes. 16
3. The place of juvenile detention or juvenile 17
detention facility shall be in charge of a superintendent. 18
The judge of the juvenile court or the family court 19
administrator, if provided by local rule, shall appoint and 20
fix the compensation and maintenance of the superintendent 21
and of any assistants or other personnel required to operate 22
the detention facility. Such compensation and maintenance 23
are payable out of funds of the county. 24
4. The county [commission or other] governing body [of 25
the county] is authorized to lease or to acquire by 26
purchase, gift or devise land for such purpose, and to erect 27
buildings thereon and to provide funds to equip and maintain 28
the same for the subsistence and education of the children 29
placed therein. 30
211.341. 1. [Counties of the third and fourth classes 1
within one judicial circuit, shall,] Upon the written 2
SS#3 SB 888 19
recommendation of the [circuit] presiding judge of that 3
judicial circuit, or upon written notice from the county 4
governing body to the presiding judge of approval of 5
ordinances, orders, or resolutions authorizing a juvenile 6
detention facility by all counties within that judicial 7
circuit and the agreement provided in section 211.342, 8
counties of the third and fourth classes within one judicial 9
circuit shall establish a place of juvenile detention or 10
juvenile detention facility to serve all of the counties 11
within that judicial circuit, and in like manner, the 12
counties shall supply offices for the juvenile officers of 13
that circuit. 14
2. The recommendation of the [circuit] presiding judge 15
provided in subsection 1 of this section shall be made only 16
after a hearing conducted by [him] the judge, after thirty 17
days' notice, to determine the need and feasibility of 18
establishing such a place of juvenile detention or juvenile 19
detention facility within the judicial circuit. 20
3. The provisions of section 211.331 apply as to the 21
form of operation and means of maintenance of the place of 22
juvenile detention or juvenile detention facility, except 23
that the total cost of establishment and operation of the 24
places of juvenile detention or juvenile detention 25
facilities shall be prorated among the several counties 26
within that judicial circuit upon a ratio to be determined 27
by a comparison of the respective populations of the 28
counties. The point of location of the place of juvenile 29
detention or juvenile detention facility shall be determined 30
by the [circuit] presiding judge of the judicial circuit or 31
pursuant to an agreement established by section 211.342. 32
[2. Circuit judges of any two or more adjoining 33
judicial circuits after a hearing as provided in subsection 34
SS#3 SB 888 20
1 may, by agreement confirmed by judicial order, and] 4. In 35
the interest of economy of administration, after a hearing 36
as provided in subsection 2 of this section, the presiding 37
judges of any two or more adjoining judicial circuit may 38
establish one place of juvenile detention or juvenile 39
detention facility to serve their respective judicial 40
circuits, by agreement confirmed by judicial order. In such 41
event, the [circuit] presiding judges so agreeing shall 42
jointly govern the affairs of the place of juvenile 43
detention or juvenile detention facility and the cost 44
thereof shall be apportioned among the counties served in 45
the manner provided for in subsection 1 of this section. 46
[3.] 5. Any county of the third or fourth class 47
desiring to provide its own place of juvenile detention or 48
juvenile detention facility may do so in the manner 49
prescribed for counties of the first and second classes. 50
211.342. 1. (1) In coordination with each other, the 1
governing bodies of the counties within the same judicial 2
circuit may establish a juvenile detention facility to serve 3
the judicial circuit. 4
(2) The governing body of each county desiring to 5
coordinate a juvenile detention facility under this 6
subsection shall approve an ordinance, order, or resolution 7
authorizing a juvenile detention facility within one of the 8
counties and shall approve an agreement between all counties 9
within the same judicial circuit, as specified by subsection 10
4 of this section. 11
2. (1) In coordination with each other, the governing 12
bodies of the counties in adjoining judicial circuits may 13
establish a juvenile detention facility to serve the 14
judicial circuits. 15
SS#3 SB 888 21
(2) The governing body of each county desiring to 16
coordinate a juvenile detention facility under this 17
subsection shall approve an ordinance, order, or resolution 18
authorizing a juvenile detention facility within one of the 19
counties and shall approve an agreement between all counties 20
within each judicial circuit, as specified by subsection 4 21
of this section. 22
3. The governing body of each county desiring to 23
coordinate a juvenile detention facility under subsection 1 24
or 2 of this section shall notify the presiding judge of the 25
judicial circuit or each judicial circuit of the 26
authorization of a juvenile detention facility. The notice 27
shall include the authorizing ordinance, order, or 28
resolution of each county and the approved agreement, as 29
specified in subsection 4 of this section. 30
4. The agreement that specifies the duties of each 31
county shall contain the following: 32
(1) The total cost of establishment and operation of 33
the places of detention; 34
(2) The prorated formula for the calculation of each 35
county's contribution to the costs of a juvenile detention 36
facility based upon a ratio of the respective populations of 37
the counties; 38
(3) The methods and powers that may be used for 39
constructing, leasing, or financing a juvenile detention 40
facility; 41
(4) The use of the sales tax as authorized by 42
subsection 6 of this section; and 43
(5) The point of location of the place of juvenile 44
detention facility. 45
5. Subsection 3 and 4 of section 211.331 shall apply 46
to a juvenile detention facility authorized pursuant to this 47
SS#3 SB 888 22
section. The operation and support of a juvenile detention 48
facility authorized pursuant to this section shall be 49
regulated in accordance with the rules and standards of the 50
Missouri supreme court under the governance of the presiding 51
judge of the judicial circuit. If the counties of adjoining 52
judicial circuits have authorized a juvenile detention 53
facility pursuant to this section, the presiding judges 54
shall jointly govern the affairs of the juvenile detention 55
facility. 56
6. (1) The counties authorizing a juvenile detention 57
facility pursuant to this section may impose, by order, a 58
sales tax up to one percent on all retail sales made in such 59
counties which are subject to taxation pursuant to the 60
provisions of sections 144.010 to 144.525 for the purpose of 61
providing a juvenile detention facility. The tax authorized 62
by this section shall be in addition to any and all other 63
sales taxes allowed by law, except that no order imposing a 64
sales tax pursuant to this section shall be effective unless 65
the governing body, for each county in the judicial circuit 66
or circuits submits to the voters of the county, on any 67
election date authorized in chapter 115, a proposal to 68
authorize the governing body of the county to impose a tax. 69
(2) The ballot of submission shall contain, but need 70
not be limited to, the following language: 71
72
73
74
75
76
Shall the (counties' names) impose a region-wide
sales tax of ______ (insert amount) for the purpose
of providing a juvenile detention facility within in
the jurisdiction of (judicial circuit's name or
judicial circuits' name)?

77 □ YES □ NO
SS#3 SB 888 23
If a majority of the votes cast on the proposal by the 81
qualified voters of the county voting thereon are in favor 82
of the proposal, then the order and any amendment to such 83
order shall be in effect on the first day of the second 84
quarter immediately following the election approving the 85
proposal. If the proposal receives less than the required 86
majority, the governing body of the county shall have no 87
power to impose the sales tax authorized pursuant to this 88
section unless and until the governing body of the county 89
shall again have submitted another proposal to authorize the 90
county commission, or authorized body, to impose the sales 91
tax authorized by this section and such proposal is approved 92
by the required majority of the qualified voters of the 93
county commission, or authorized body, voting on such 94
proposal; however, in no event shall a proposal pursuant to 95
this section be submitted to the voters sooner than twelve 96
months from the date of the last submission of a proposal 97
pursuant to this section. 98
(3) All revenue received by a county from the tax 99
authorized pursuant to this section shall be deposited in a 100
special trust fund and shall be used solely for providing a 101
juvenile detention facility for children coming within the 102
provisions of this chapter for so long as the tax shall 103
remain in effect. 104
(4) Once the tax authorized by this section is 105
abolished or terminated by any means, all funds remaining in 106
the special trust fund shall be used solely for providing a 107
78
79
80
If you are in favor of the question, place an "X" in
the box opposite "YES". If you are opposed to the
question, place an "X" in the box opposite "NO".

SS#3 SB 888 24
juvenile detention facility for children coming within the 108
provisions of this chapter for the counties. Any funds in 109
such special trust fund which are not needed for current 110
expenditures may be invested by the county commission in 111
accordance with applicable laws relating to the investment 112
of other county funds. 113
(5) All sales taxes collected by the director of 114
revenue pursuant to this section on behalf of any county, 115
less one percent for cost of collection which shall be 116
deposited in the state's general revenue fund after payment 117
of premiums for surety bonds as provided in section 32.087, 118
shall be deposited in a special trust fund, which is hereby 119
created, to be known as the "Juvenile Detention Facility 120
Sales Tax Trust Fund". The moneys in the juvenile detention 121
facility sales tax trust fund shall not be deemed to be 122
state funds and shall not be commingled with any funds of 123
the state. The director of revenue shall keep accurate 124
records of the amount of money in the trust fund which was 125
collected in each county imposing a sales tax pursuant to 126
this section, and the records shall be open to the 127
inspection of officers of each member county and the 128
public. Not later than the tenth day of each month the 129
director of revenue shall distribute all moneys deposited in 130
the trust fund during the preceding month to the county 131
which levied the tax. Such funds shall be deposited with 132
the treasurer of each such county, and all expenditures of 133
funds arising from the juvenile detention facility sales tax 134
trust fund shall be paid pursuant to an appropriation 135
adopted by the governing body of the county. Expenditures 136
may be made from the fund for the function authorized in the 137
order adopted by the governing body of the county submitting 138
the juvenile detention facility tax to the voters. 139
SS#3 SB 888 25
(6) The director of revenue may make refunds from the 140
amounts in the trust fund and credited to any county for 141
erroneous payments and overpayments made, and may redeem 142
dishonored checks and drafts deposited to the credit of such 143
counties. If any county abolishes the tax, the governing 144
body of the county shall notify the director of revenue of 145
the action at least ninety days prior to the effective date 146
of the repeal, and the director of revenue may order 147
retention in the trust fund, for a period of one year, of 148
two percent of the amount collected after receipt of such 149
notice to cover possible refunds or overpayment of the tax 150
and to redeem dishonored checks and drafts deposited to the 151
credit of such accounts. After one year has elapsed after 152
the effective date of abolition of the tax in such county, 153
the director of revenue shall remit the balance in the 154
account to the county and close the account of that county. 155
The director of revenue shall notify each county in each 156
instance of any amount refunded or any check redeemed from 157
receipts due the county. 158
(7) Except as provided in this section, all provisions 159
of sections 32.085 and 32.087 shall apply to the tax imposed 160
pursuant to this section. 161
211.436. 1. Instruments of restraint, including 1
handcuffs, chains, irons, or straitjackets, shall not be 2
used on a child during a proceeding in a juvenile court and 3
shall be removed prior to the child's appearance before the 4
court unless, after a hearing, the court finds both that: 5
(1) The use of restraints is necessary due to one of 6
the following factors: 7
(a) Instruments of restraint are necessary to prevent 8
physical harm to the child or another person; 9
SS#3 SB 888 26
(b) The child has a history of disruptive courtroom 10
behavior that has placed others in potentially harmful 11
situations or presents a substantial risk of inflicting 12
physical harm on himself or herself or others as evidenced 13
by recent behavior; or 14
(c) There is evidence that the child presents a 15
substantial risk of flight from the courtroom; and 16
(2) There are no less restrictive alternatives to 17
restraints that will prevent flight or physical harm to the 18
child or another person including, but not limited to, the 19
presence of court personnel, law enforcement officers, or 20
bailiffs. 21
2. If the juvenile officer believes that there is an 22
immediate safety or flight risk, as provided under 23
subsection 1 of this section, the juvenile officer shall 24
advise the attorney for the child and make a request in 25
writing prior to the commencement of the proceeding for the 26
child to remain restrained during the court proceeding while 27
in the presence of the parties to the proceeding. 28
3. If a request for restraints is made by the juvenile 29
officer, the court shall order a hearing and provide the 30
child's attorney an opportunity to be heard before the court 31
orders the use of restraints. If restraints are ordered, 32
the court shall make findings of fact in support of the 33
order. 34
4. If restraints are used, the restraints shall allow 35
the child limited movement of the hands to read and handle 36
documents and writings necessary to the proceeding. Under 37
no circumstances shall a child be restrained using 38
restraints fixed to a wall, floor, furniture, or other 39
stationary object. 40
SS#3 SB 888 27
5. Leg restraints shall not be used on a child unless 41
the child is charged with a class A or class B felony, or 42
the official overseeing custody of the child determines the 43
child to be an immediate safety or flight risk. 44
217.362. 1. The department of corrections shall 1
design and implement an intensive long-term program for the 2
treatment of chronic nonviolent offenders with serious 3
substance abuse addictions who have not [pleaded] pled 4
guilty to or been convicted of a dangerous felony as defined 5
in section 556.061. 6
2. Prior to sentencing, any judge considering an 7
offender for this program shall notify the department. The 8
potential candidate for the program shall be screened by the 9
department to determine eligibility. The department shall, 10
by regulation, establish eligibility criteria and inform the 11
court of such criteria. The department shall notify the 12
court as to the offender's eligibility and the availability 13
of space in the program. Notwithstanding any other 14
provision of law to the contrary, except as provided for in 15
section 558.019, if an offender is eligible and there is 16
adequate space, the court may sentence a person to the 17
program which shall consist of institutional drug or alcohol 18
treatment for a period of at least twelve and no more than 19
twenty-four months, as well as a term of incarceration. The 20
department shall determine the nature, intensity, duration, 21
and completion criteria of the education, treatment, and 22
aftercare portions of any program services provided. 23
Execution of the offender's term of incarceration shall be 24
suspended pending completion of said program. Allocation of 25
space in the program may be distributed by the department in 26
proportion to drug arrest patterns in the state. If the 27
court is advised that an offender is not eligible or that 28
SS#3 SB 888 28
there is no space available, the court shall consider other 29
authorized dispositions. 30
3. Upon successful completion of the program, the 31
division of probation and parole shall advise the sentencing 32
court of an offender's probationary release date thirty days 33
prior to release. If the court determines that probation is 34
not appropriate the court may order the execution of the 35
offender's sentence. 36
4. If it is determined by the department that the 37
offender has not successfully completed the program, or that 38
the offender is not cooperatively participating in the 39
program, the offender shall be removed from the program and 40
the court shall be advised. Failure of an offender to 41
complete the program shall cause the offender to serve the 42
sentence prescribed by the court and void the right to be 43
considered for probation on this sentence. 44
[5. An offender's first incarceration in a department 45
of corrections program pursuant to this section prior to 46
release on probation shall not be considered a previous 47
prison commitment for the purpose of determining a minimum 48
prison term pursuant to the provisions of section 558.019.] 49
217.690. 1. All releases or paroles shall issue upon 1
order of the parole board, duly adopted. 2
2. Before ordering the parole of any offender, the 3
parole board shall conduct a validated risk and needs 4
assessment and evaluate the case under the rules governing 5
parole that are promulgated by the parole board. The parole 6
board shall then have the offender appear before a hearing 7
panel and shall conduct a personal interview with him or 8
her, unless waived by the offender, or if the guidelines 9
indicate the offender may be paroled without need for an 10
interview. The guidelines and rules shall not allow for the 11
SS#3 SB 888 29
waiver of a hearing if a victim requests a hearing. The 12
appearance or presence may occur by means of a 13
videoconference at the discretion of the parole board. A 14
parole may be ordered for the best interest of society when 15
there is a reasonable probability, based on the risk 16
assessment and indicators of release readiness, that the 17
person can be supervised under parole supervision and 18
successfully reintegrated into the community, not as an 19
award of clemency; it shall not be considered a reduction of 20
sentence or a pardon. Every offender while on parole shall 21
remain in the legal custody of the department but shall be 22
subject to the orders of the parole board. 23
3. The division of probation and parole has 24
discretionary authority to require the payment of a fee, not 25
to exceed sixty dollars per month, from every offender 26
placed under division supervision on probation, parole, or 27
conditional release, to waive all or part of any fee, to 28
sanction offenders for willful nonpayment of fees, and to 29
contract with a private entity for fee collections 30
services. All fees collected shall be deposited in the 31
inmate fund established in section 217.430. Fees collected 32
may be used to pay the costs of contracted collections 33
services. The fees collected may otherwise be used to 34
provide community corrections and intervention services for 35
offenders. Such services include substance abuse assessment 36
and treatment, mental health assessment and treatment, 37
electronic monitoring services, residential facilities 38
services, employment placement services, and other offender 39
community corrections or intervention services designated by 40
the division of probation and parole to assist offenders to 41
successfully complete probation, parole, or conditional 42
release. The division of probation and parole shall adopt 43
SS#3 SB 888 30
rules not inconsistent with law, in accordance with section 44
217.040, with respect to sanctioning offenders and with 45
respect to establishing, waiving, collecting, and using fees. 46
4. The parole board shall adopt rules not inconsistent 47
with law, in accordance with section 217.040, with respect 48
to the eligibility of offenders for parole, the conduct of 49
parole hearings or conditions to be imposed upon paroled 50
offenders. Whenever an order for parole is issued it shall 51
recite the conditions of such parole. 52
5. When considering parole for an offender with 53
consecutive sentences, the minimum term for eligibility for 54
parole shall be calculated by adding the minimum terms for 55
parole eligibility for each of the consecutive sentences, 56
except the minimum term for parole eligibility shall not 57
exceed the minimum term for parole eligibility for an 58
ordinary life sentence. 59
6. Any offender sentenced to a term of imprisonment 60
amounting to fifteen years or more or multiple terms of 61
imprisonment that, taken together, amount to fifteen or more 62
years who was under eighteen years of age at the time of the 63
commission of the offense or offenses may be eligible for 64
parole after serving fifteen years of incarceration, 65
regardless of whether the case is final for the purposes of 66
appeal, and may be eligible for reconsideration hearings in 67
accordance with regulations promulgated by the parole board. 68
7. The provisions of subsection 6 of this section 69
shall not apply to an offender found guilty of capital 70
murder, murder in the first degree or murder in the second 71
degree, when murder in the second degree is committed 72
pursuant to subdivision (1) of subsection 1 of section 73
565.021, who was under eighteen years of age when the 74
offender committed the offense or offenses who may be found 75
SS#3 SB 888 31
ineligible for parole or whose parole eligibility may be 76
controlled by section 558.047 or 565.033. 77
8. Any offender under a sentence for first degree 78
murder who has been denied release on parole after a parole 79
hearing shall not be eligible for another parole hearing 80
until at least three years from the month of the parole 81
denial; however, this subsection shall not prevent a release 82
pursuant to subsection [4] 7 of section 558.011. 83
9. A victim who has requested an opportunity to be 84
heard shall receive notice that the parole board is 85
conducting an assessment of the offender's risk and 86
readiness for release and that the victim's input will be 87
particularly helpful when it pertains to safety concerns and 88
specific protective measures that may be beneficial to the 89
victim should the offender be granted release. 90
10. Parole hearings shall, at a minimum, contain the 91
following procedures: 92
(1) The victim or person representing the victim who 93
attends a hearing may be accompanied by one other person; 94
(2) The victim or person representing the victim who 95
attends a hearing shall have the option of giving testimony 96
in the presence of the inmate or to the hearing panel 97
without the inmate being present; 98
(3) The victim or person representing the victim may 99
call or write the parole board rather than attend the 100
hearing; 101
(4) The victim or person representing the victim may 102
have a personal meeting with a parole board member at the 103
parole board's central office; 104
(5) The judge, prosecuting attorney or circuit 105
attorney and a representative of the local law enforcement 106
agency investigating the crime shall be allowed to attend 107
SS#3 SB 888 32
the hearing or provide information to the hearing panel in 108
regard to the parole consideration; and 109
(6) The parole board shall evaluate information listed 110
in the juvenile sex offender registry pursuant to section 111
211.425, provided the offender is between the ages of 112
seventeen and twenty-one, as it impacts the safety of the 113
community. 114
11. The parole board shall notify any person of the 115
results of a parole eligibility hearing if the person 116
indicates to the parole board a desire to be notified. 117
12. The parole board may, at its discretion, require 118
any offender seeking parole to meet certain conditions 119
during the term of that parole so long as said conditions 120
are not illegal or impossible for the offender to perform. 121
These conditions may include an amount of restitution to the 122
state for the cost of that offender's incarceration. 123
13. Special parole conditions shall be responsive to 124
the assessed risk and needs of the offender or the need for 125
extraordinary supervision, such as electronic monitoring. 126
The parole board shall adopt rules to minimize the 127
conditions placed on low-risk cases, to frontload conditions 128
upon release, and to require the modification and reduction 129
of conditions based on the person's continuing stability in 130
the community. Parole board rules shall permit parole 131
conditions to be modified by parole officers with review and 132
approval by supervisors. 133
14. Nothing contained in this section shall be 134
construed to require the release of an offender on parole 135
nor to reduce the sentence of an offender heretofore 136
committed. 137
15. Beginning January 1, 2001, the parole board shall 138
not order a parole unless the offender has obtained a high 139
SS#3 SB 888 33
school diploma or its equivalent, or unless the parole board 140
is satisfied that the offender, while committed to the 141
custody of the department, has made an honest good-faith 142
effort to obtain a high school diploma or its equivalent; 143
provided that the director may waive this requirement by 144
certifying in writing to the parole board that the offender 145
has actively participated in mandatory education programs or 146
is academically unable to obtain a high school diploma or 147
its equivalent. 148
16. Any rule or portion of a rule, as that term is 149
defined in section 536.010, that is created under the 150
authority delegated in this section shall become effective 151
only if it complies with and is subject to all of the 152
provisions of chapter 536 and, if applicable, section 153
536.028. This section and chapter 536 are nonseverable and 154
if any of the powers vested with the general assembly 155
pursuant to chapter 536 to review, to delay the effective 156
date, or to disapprove and annul a rule are subsequently 157
held unconstitutional, then the grant of rulemaking 158
authority and any rule proposed or adopted after August 28, 159
2005, shall be invalid and void. 160
17. When concurrent sentences are imposed by a court, 161
the person shall serve the minimum required percentage for 162
the longest sentence prior to parole eligibility. 163
217.760. 1. In all felony cases and class A 1
misdemeanor cases, the basis of which misdemeanor cases are 2
contained in chapters 565 and 566 and section 577.023, at 3
the request of a [circuit] sentencing judge of any circuit 4
court, the division of probation and parole shall assign one 5
or more state probation and parole officers to make an 6
investigation of the person convicted of the crime or 7
offense before sentence is imposed. In all felony cases in 8
SS#3 SB 888 34
which the recommended sentence established by the sentencing 9
advisory commission pursuant to subsection [7] 1 of section 10
558.019 includes probation but the recommendation of the 11
prosecuting attorney or circuit attorney does not include 12
probation, the division of probation and parole shall, prior 13
to sentencing, provide the judge with a report on available 14
alternatives to incarceration. If a presentence 15
investigation report is completed then the available 16
alternatives shall be included in the presentence 17
investigation report. 18
2. The report of the presentence investigation or 19
preparole investigation shall contain any prior criminal 20
record of the defendant and such information about his or 21
her characteristics, his or her financial condition, his or 22
her social history, the circumstances affecting his or her 23
behavior as may be helpful in imposing sentence or in 24
granting probation or in the correctional treatment of the 25
defendant, information concerning the impact of the crime 26
upon the victim, the recommended sentence established by the 27
sentencing advisory commission and available alternatives to 28
incarceration including opportunities for restorative 29
justice, as well as a recommendation by the probation and 30
parole officer. The officer shall secure such other 31
information as may be required by the court and, whenever it 32
is practicable and needed, such investigation shall include 33
a physical and mental examination of the defendant. 34
556.061. In this code, unless the context requires a 1
different definition, the following terms shall mean: 2
(1) "Access", to instruct, communicate with, store 3
data in, retrieve or extract data from, or otherwise make 4
any use of any resources of, a computer, computer system, or 5
computer network; 6
SS#3 SB 888 35
(2) "Affirmative defense": 7
(a) The defense referred to is not submitted to the 8
trier of fact unless supported by evidence; and 9
(b) If the defense is submitted to the trier of fact 10
the defendant has the burden of persuasion that the defense 11
is more probably true than not; 12
(3) "Burden of injecting the issue": 13
(a) The issue referred to is not submitted to the 14
trier of fact unless supported by evidence; and 15
(b) If the issue is submitted to the trier of fact any 16
reasonable doubt on the issue requires a finding for the 17
defendant on that issue; 18
(4) "Commercial film and photographic print 19
processor", any person who develops exposed photographic 20
film into negatives, slides or prints, or who makes prints 21
from negatives or slides, for compensation. The term 22
commercial film and photographic print processor shall 23
include all employees of such persons but shall not include 24
a person who develops film or makes prints for a public 25
agency; 26
(5) "Computer", the box that houses the central 27
processing unit (CPU), along with any internal storage 28
devices, such as internal hard drives, and internal 29
communication devices, such as internal modems capable of 30
sending or receiving [electronic mail] email or fax cards, 31
along with any other hardware stored or housed internally. 32
Thus, computer refers to hardware, software and data 33
contained in the main unit. Printers, external modems 34
attached by cable to the main unit, monitors, and other 35
external attachments will be referred to collectively as 36
peripherals and discussed individually when appropriate. 37
When the computer and all peripherals are referred to as a 38
SS#3 SB 888 36
package, the term "computer system" is used. Information 39
refers to all the information on a computer system including 40
both software applications and data; 41
(6) "Computer equipment", computers, terminals, data 42
storage devices, and all other computer hardware associated 43
with a computer system or network; 44
(7) "Computer hardware", all equipment which can 45
collect, analyze, create, display, convert, store, conceal 46
or transmit electronic, magnetic, optical or similar 47
computer impulses or data. Hardware includes, but is not 48
limited to, any data processing devices, such as central 49
processing units, memory typewriters and self-contained 50
laptop or notebook computers; internal and peripheral 51
storage devices, transistor-like binary devices and other 52
memory storage devices, such as floppy disks, removable 53
disks, compact disks, digital video disks, magnetic tape, 54
hard drive, optical disks and digital memory; local area 55
networks, such as two or more computers connected together 56
to a central computer server via cable or modem; peripheral 57
input or output devices, such as keyboards, printers, 58
scanners, plotters, video display monitors and optical 59
readers; and related communication devices, such as modems, 60
cables and connections, recording equipment, RAM or ROM 61
units, acoustic couplers, automatic dialers, speed dialers, 62
programmable telephone dialing or signaling devices and 63
electronic tone-generating devices; as well as any devices, 64
mechanisms or parts that can be used to restrict access to 65
computer hardware, such as physical keys and locks; 66
(8) "Computer network", two or more interconnected 67
computers or computer systems; 68
SS#3 SB 888 37
(9) "Computer program", a set of instructions, 69
statements, or related data that directs or is intended to 70
direct a computer to perform certain functions; 71
(10) "Computer software", digital information which 72
can be interpreted by a computer and any of its related 73
components to direct the way they work. Software is stored 74
in electronic, magnetic, optical or other digital form. The 75
term commonly includes programs to run operating systems and 76
applications, such as word processing, graphic, or 77
spreadsheet programs, utilities, compilers, interpreters and 78
communications programs; 79
(11) "Computer-related documentation", written, 80
recorded, printed or electronically stored material which 81
explains or illustrates how to configure or use computer 82
hardware, software or other related items; 83
(12) "Computer system", a set of related, connected or 84
unconnected, computer equipment, data, or software; 85
(13) "Confinement": 86
(a) A person is in confinement when such person is 87
held in a place of confinement pursuant to arrest or order 88
of a court, and remains in confinement until: 89
a. A court orders the person's release; or 90
b. The person is released on bail, bond, or 91
recognizance, personal or otherwise; or 92
c. A public servant having the legal power and duty to 93
confine the person authorizes his release without guard and 94
without condition that he return to confinement; 95
(b) A person is not in confinement if: 96
a. The person is on probation or parole, temporary or 97
otherwise; or 98
b. The person is under sentence to serve a term of 99
confinement which is not continuous, or is serving a 100
SS#3 SB 888 38
sentence under a work-release program, and in either such 101
case is not being held in a place of confinement or is not 102
being held under guard by a person having the legal power 103
and duty to transport the person to or from a place of 104
confinement; 105
(14) "Consent": consent or lack of consent may be 106
expressed or implied. Assent does not constitute consent if: 107
(a) It is given by a person who lacks the mental 108
capacity to authorize the conduct charged to constitute the 109
offense and such mental incapacity is manifest or known to 110
the actor; or 111
(b) It is given by a person who by reason of youth, 112
mental disease or defect, intoxication, a drug-induced 113
state, or any other reason is manifestly unable or known by 114
the actor to be unable to make a reasonable judgment as to 115
the nature or harmfulness of the conduct charged to 116
constitute the offense; or 117
(c) It is induced by force, duress or deception; 118
(15) "Controlled substance", a drug, substance, or 119
immediate precursor in Schedules I through V as defined in 120
chapter 195; 121
(16) "Criminal negligence", failure to be aware of a 122
substantial and unjustifiable risk that circumstances exist 123
or a result will follow, and such failure constitutes a 124
gross deviation from the standard of care which a reasonable 125
person would exercise in the situation; 126
(17) "Custody", a person is in custody when he or she 127
has been arrested but has not been delivered to a place of 128
confinement; 129
(18) "Damage", when used in relation to a computer 130
system or network, means any alteration, deletion, or 131
destruction of any part of the computer system or network; 132
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(19) "Dangerous felony", the felonies [of] requiring 133
eighty-five percent of the imposed sentence to be served 134
prior to parole eligibility, which are arson in the first 135
degree, assault in the first degree, attempted rape in the 136
first degree if physical injury results, attempted forcible 137
rape if physical injury results, attempted sodomy in the 138
first degree if physical injury results, attempted forcible 139
sodomy if physical injury results, rape in the first degree, 140
forcible rape, sodomy in the first degree, forcible sodomy, 141
assault in the second degree if the victim of such assault 142
is a special victim as defined in subdivision (14) of 143
section 565.002, kidnapping in the first degree, kidnapping, 144
murder in the second degree, assault of a law enforcement 145
officer in the first degree, domestic assault in the first 146
degree, elder abuse in the first degree, robbery in the 147
first degree, armed criminal action, conspiracy to commit an 148
offense when the offense is a dangerous felony, vehicle 149
hijacking when punished as a class A felony, statutory rape 150
in the first degree [when the victim is a child less than 151
twelve years of age at the time of the commission of the act 152
giving rise to the offense], statutory sodomy in the first 153
degree [when the victim is a child less than twelve years of 154
age at the time of the commission of the act giving rise to 155
the offense], child molestation in the first or second 156
degree, abuse of a child if the child dies as a result of 157
injuries sustained from conduct chargeable under section 158
568.060, child kidnapping, parental kidnapping committed by 159
detaining or concealing the whereabouts of the child for not 160
less than one hundred twenty days under section 565.153, bus 161
hijacking when punished as a class A felony, planting a bomb 162
or explosive in or near a bus or terminal, [and] an 163
"intoxication-related traffic offense" or "intoxication- 164
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related boating offense" if the person is found to be a 165
"habitual offender" or "habitual boating offender" as such 166
terms are defined in section 577.001, abuse through forced 167
labor when punished under subsection 4 of section 566.203, 168
trafficking for the purposes of slavery, involuntary 169
servitude, peonage, or forced labor or the attempt of such 170
when punished under subsection 4 of section 566.206, 171
trafficking for the purposes of sexual exploitation or the 172
attempt of such when the offense was effected by force, 173
abduction, or coercion, sexual trafficking of a child in the 174
first degree, sexual trafficking of a child in the second 175
degree, a third violation of failure to register as a sexual 176
offender, and endangering the welfare of a child in the 177
first degree when punished under section 568.045; 178
(20) "Dangerous instrument", any instrument, article 179
or substance, which, under the circumstances in which it is 180
used, is readily capable of causing death or other serious 181
physical injury; 182
(21) "Data", a representation of information, facts, 183
knowledge, concepts, or instructions prepared in a 184
formalized or other manner and intended for use in a 185
computer or computer network. Data may be in any form 186
including, but not limited to, printouts, microfiche, 187
magnetic storage media, punched cards and as may be stored 188
in the memory of a computer; 189
(22) "Deadly weapon", any firearm, loaded or unloaded, 190
or any weapon from which a shot, readily capable of 191
producing death or serious physical injury, may be 192
discharged, or a switchblade knife, dagger, billy club, 193
blackjack or metal knuckles; 194
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(23) "Digital camera", a camera that records images in 195
a format which enables the images to be downloaded into a 196
computer; 197
(24) "Disability", a mental, physical, or 198
developmental impairment that substantially limits one or 199
more major life activities or the ability to provide 200
adequately for one's care or protection, whether the 201
impairment is congenital or acquired by accident, injury or 202
disease, where such impairment is verified by medical 203
findings; 204
(25) "Elderly person", a person sixty years of age or 205
older; 206
(26) "Felony", an offense so designated or an offense 207
for which persons found guilty thereof may be sentenced to 208
death or imprisonment for a term of more than one year; 209
(27) "Forcible compulsion" either: 210
(a) Physical force that overcomes reasonable 211
resistance; or 212
(b) A threat, express or implied, that places a person 213
in reasonable fear of death, serious physical injury or 214
kidnapping of such person or another person; 215
(28) "Incapacitated", a temporary or permanent 216
physical or mental condition in which a person is 217
unconscious, unable to appraise the nature of his or her 218
conduct, or unable to communicate unwillingness to an act; 219
(29) "Infraction", a violation defined by this code or 220
by any other statute of this state if it is so designated or 221
if no sentence other than a fine, or fine and forfeiture or 222
other civil penalty, is authorized upon conviction; 223
(30) "Inhabitable structure", a vehicle, vessel or 224
structure: 225
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(a) Where any person lives or carries on business or 226
other calling; or 227
(b) Where people assemble for purposes of business, 228
government, education, religion, entertainment, or public 229
transportation; or 230
(c) Which is used for overnight accommodation of 231
persons. 232
Any such vehicle, vessel, or structure is inhabitable 233
regardless of whether a person is actually present. If a 234
building or structure is divided into separately occupied 235
units, any unit not occupied by the actor is an inhabitable 236
structure of another; 237
(31) "Knowingly", when used with respect to: 238
(a) Conduct or attendant circumstances, means a person 239
is aware of the nature of his or her conduct or that those 240
circumstances exist; or 241
(b) A result of conduct, means a person is aware that 242
his or her conduct is practically certain to cause that 243
result; 244
(32) "Law enforcement officer", any public servant 245
having both the power and duty to make arrests for 246
violations of the laws of this state, and federal law 247
enforcement officers authorized to carry firearms and to 248
make arrests for violations of the laws of the United States; 249
(33) "Misdemeanor", an offense so designated or an 250
offense for which persons found guilty thereof may be 251
sentenced to imprisonment for a term of which the maximum is 252
one year or less; 253
(34) "Of another", property that any entity, including 254
but not limited to any natural person, corporation, limited 255
liability company, partnership, association, governmental 256
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subdivision or instrumentality, other than the actor, has a 257
possessory or proprietary interest therein, except that 258
property shall not be deemed property of another who has 259
only a security interest therein, even if legal title is in 260
the creditor pursuant to a conditional sales contract or 261
other security arrangement; 262
(35) "Offense", any felony or misdemeanor; 263
(36) "Physical injury", slight impairment of any 264
function of the body or temporary loss of use of any part of 265
the body; 266
(37) "Place of confinement", any building or facility 267
and the grounds thereof wherein a court is legally 268
authorized to order that a person charged with or convicted 269
of a crime be held; 270
(38) "Possess" or "possessed", having actual or 271
constructive possession of an object with knowledge of its 272
presence. A person has actual possession if such person has 273
the object on his or her person or within easy reach and 274
convenient control. A person has constructive possession if 275
such person has the power and the intention at a given time 276
to exercise dominion or control over the object either 277
directly or through another person or persons. Possession 278
may also be sole or joint. If one person alone has 279
possession of an object, possession is sole. If two or more 280
persons share possession of an object, possession is joint; 281
(39) "Property", anything of value, whether real or 282
personal, tangible or intangible, in possession or in action; 283
(40) "Public servant", any person employed in any way 284
by a government of this state who is compensated by the 285
government by reason of such person's employment, any person 286
appointed to a position with any government of this state, 287
or any person elected to a position with any government of 288
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this state. It includes, but is not limited to, 289
legislators, jurors, members of the judiciary and law 290
enforcement officers. It does not include witnesses; 291
(41) "Purposely", when used with respect to a person's 292
conduct or to a result thereof, means when it is his or her 293
conscious object to engage in that conduct or to cause that 294
result; 295
(42) "Recklessly", consciously disregarding a 296
substantial and unjustifiable risk that circumstances exist 297
or that a result will follow, and such disregard constitutes 298
a gross deviation from the standard of care which a 299
reasonable person would exercise in the situation; 300
(43) "Serious emotional injury", an injury that 301
creates a substantial risk of temporary or permanent medical 302
or psychological damage, manifested by impairment of a 303
behavioral, cognitive or physical condition. Serious 304
emotional injury shall be established by testimony of 305
qualified experts upon the reasonable expectation of 306
probable harm to a reasonable degree of medical or 307
psychological certainty; 308
(44) "Serious physical injury", physical injury that 309
creates a substantial risk of death or that causes serious 310
disfigurement or protracted loss or impairment of the 311
function of any part of the body; 312
(45) "Services", when used in relation to a computer 313
system or network, means use of a computer, computer system, 314
or computer network and includes, but is not limited to, 315
computer time, data processing, and storage or retrieval 316
functions; 317
(46) "Sexual orientation", male or female 318
heterosexuality, homosexuality or bisexuality by 319
inclination, practice, identity or expression, or having a 320
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self-image or identity not traditionally associated with 321
one's gender; 322
(47) "Vehicle", a self-propelled mechanical device 323
designed to carry a person or persons, excluding vessels or 324
aircraft; 325
(48) "Vessel", any boat or craft propelled by a motor 326
or by machinery, whether or not such motor or machinery is a 327
principal source of propulsion used or capable of being used 328
as a means of transportation on water, or any boat or craft 329
more than twelve feet in length which is powered by sail 330
alone or by a combination of sail and machinery, and used or 331
capable of being used as a means of transportation on water, 332
but not any boat or craft having, as the only means of 333
propulsion, a paddle or oars; 334
(49) "Voluntary act": 335
(a) A bodily movement performed while conscious as a 336
result of effort or determination. Possession is a 337
voluntary act if the possessor knowingly procures or 338
receives the thing possessed, or having acquired control of 339
it was aware of his or her control for a sufficient time to 340
have enabled him or her to dispose of it or terminate his or 341
her control; or 342
(b) An omission to perform an act of which the actor 343
is physically capable. A person is not guilty of an offense 344
based solely upon an omission to perform an act unless the 345
law defining the offense expressly so provides, or a duty to 346
perform the omitted act is otherwise imposed by law; 347
(50) "Vulnerable person", any person in the custody, 348
care, or control of the department of mental health who is 349
receiving services from an operated, funded, licensed, or 350
certified program. 351
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557.011. 1. Every person found guilty of an offense 1
shall be dealt with by the court in accordance with the 2
provisions of this chapter, except that for offenses defined 3
outside this code and not repealed, the term of imprisonment 4
or the fine that may be imposed is that provided in the 5
statute defining the offense; however, the conditional 6
release term of any sentence of a term of years shall be 7
determined as provided in subsection [4] 7 of section 8
558.011. 9
2. Whenever any person has been found guilty of a 10
felony or a misdemeanor the court shall make one or more of 11
the following dispositions of the offender in any 12
appropriate combination. The court may: 13
(1) Sentence the person to a term of imprisonment as 14
authorized by chapter 558; 15
(2) Sentence the person to pay a fine as authorized by 16
chapter 560; 17
(3) Suspend the imposition of sentence, with or 18
without placing the person on probation; 19
(4) Pronounce sentence and suspend its execution, 20
placing the person on probation; 21
(5) Impose a period of detention as a condition of 22
probation, as authorized by section 559.026. 23
3. Whenever any person has been found guilty of an 24
infraction, the court shall make one or more of the 25
following dispositions of the offender in any appropriate 26
combination. The court may: 27
(1) Sentence the person to pay a fine as authorized by 28
chapter 560; 29
(2) Suspend the imposition of sentence, with or 30
without placing the person on probation; 31
SS#3 SB 888 47
(3) Pronounce sentence and suspend its execution, 32
placing the person on probation. 33
4. Whenever any organization has been found guilty of 34
an offense, the court shall make one or more of the 35
following dispositions of the organization in any 36
appropriate combination. The court may: 37
(1) Sentence the organization to pay a fine as 38
authorized by chapter 560; 39
(2) Suspend the imposition of sentence, with or 40
without placing the organization on probation; 41
(3) Pronounce sentence and suspend its execution, 42
placing the organization on probation; 43
(4) Impose any special sentence or sanction authorized 44
by law. 45
5. This chapter shall not be construed to deprive the 46
court of any authority conferred by law to decree a 47
forfeiture of property, suspend or cancel a license, remove 48
a person from office, or impose any other civil penalty. An 49
appropriate order exercising such authority may be included 50
as part of any sentence. 51
6. In the event a sentence of confinement is ordered 52
executed, a court may order that an individual serve all or 53
any portion of such sentence on electronic monitoring; 54
except that all costs associated with the electronic 55
monitoring shall be charged to the person on house arrest. 56
If the judge finds the person unable to afford the costs 57
associated with electronic monitoring, the judge may order 58
that the person be placed on house arrest with electronic 59
monitoring if the county commission agrees to pay the costs 60
of such monitoring. If the person on house arrest is unable 61
to afford the costs associated with electronic monitoring 62
and the county commission does not agree to pay from the 63
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general revenue of the county the costs of such electronic 64
monitoring, the judge shall not order that the person be 65
placed on house arrest with electronic monitoring. 66
557.021. 1. Any offense defined outside this code 1
[which] that is declared to be a misdemeanor without 2
specification of the penalty therefor is a class A 3
misdemeanor. 4
2. Any offense defined outside this code [which] that 5
is declared to be a felony without specification of the 6
penalty therefor is a class E felony and subject to the 7
terms as provided in chapter 558. 8
3. For the purpose of applying the extended term 9
provisions of section 558.016 [and the minimum prison term 10
provisions of], the parole eligibility provisions pursuant 11
to section [558.019] 558.011 and for determining the penalty 12
for attempts, offenses defined outside of this code shall be 13
classified as follows: 14
(1) If the offense is a felony: 15
(a) It is a class A felony if the authorized penalty 16
includes death, life imprisonment or imprisonment for a term 17
of twenty years or more; 18
(b) It is a class B felony if the maximum term of 19
imprisonment authorized exceeds ten years but is less than 20
twenty years; 21
(c) It is a class C felony if the maximum term of 22
imprisonment authorized is ten years; 23
(d) It is a class D felony if the maximum term of 24
imprisonment exceeds four years but is less than ten years; 25
(e) It is a class E felony if the maximum term of 26
imprisonment is four years or less; 27
(2) If the offense is a misdemeanor: 28
SS#3 SB 888 49
(a) It is a class A misdemeanor if the authorized 29
imprisonment exceeds six months in jail; 30
(b) It is a class B misdemeanor if the authorized 31
imprisonment exceeds thirty days but is not more than six 32
months; 33
(c) It is a class C misdemeanor if the authorized 34
imprisonment is thirty days or less; 35
(d) It is a class D misdemeanor if it includes a 36
mental state as an element of the offense and there is no 37
authorized imprisonment; 38
(e) It is an infraction if there is no authorized 39
imprisonment. 40
558.011. 1. The authorized terms of imprisonment, 1
including both prison and conditional release terms, for all 2
offenses are as follows: 3
(1) For a class A felony, a term of years not less 4
than ten years and not to exceed thirty years, or life 5
imprisonment, for which an offender shall serve seventy 6
percent of the imposed sentence prior to parole eligibility; 7
(2) For a class B felony, a term of years not less 8
than five years and not to exceed fifteen years, for which 9
an offender shall serve fifty percent of the imposed 10
sentence prior to parole eligibility; 11
(3) For a class C felony, a term of years not less 12
than three years and not to exceed ten years, for which an 13
offender shall serve: 14
(a) Forty percent of the imposed sentence prior to 15
parole eligibility for an offense under chapters 566, 568, 16
and 573 that requires registration as a sex offender under 17
chapter 589; 18
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(b) Thirty percent of the imposed sentence prior to 19
parole eligibility for a first offense other than an offense 20
under paragraph (a) of this subdivision; 21
(c) Thirty-five percent of the imposed sentence prior 22
to parole eligibility for a second offense other than an 23
offense under paragraph (a) of this subdivision; 24
(d) Fifty percent of the imposed sentence prior to 25
parole eligibility for a third or subsequent offense other 26
than an offense under paragraph (a) of this subdivision; 27
(4) For a class D felony, a term of years not to 28
exceed seven years, for which an offender shall serve: 29
(a) Twenty-five percent of the imposed sentence prior 30
to parole eligibility for an offense under chapters 566, 31
568, and 573 that requires registration as a sex offender 32
under chapter 589; 33
(b) Twenty percent of the imposed sentence prior to 34
parole eligibility for a first offense other than an offense 35
under paragraph (a) of this subdivision; 36
(c) Twenty-five percent of the imposed sentence prior 37
to parole eligibility for a second offense other than an 38
offense under paragraph (a) of this subdivision; 39
(d) Fifty percent of the imposed sentence prior to 40
parole eligibility for a third or subsequent offense other 41
than an offense under paragraph (a) of this subdivision; 42
(5) For a class E felony, a term of years not to 43
exceed four years, for which an offender shall serve: 44
(a) Twenty-five percent of the imposed sentence prior 45
to parole eligibility for an offense under chapters 566, 46
568, and 573 that requires registration as a sex offender 47
under chapter 589; 48
SS#3 SB 888 51
(b) Fifteen percent of the imposed sentence prior to 49
parole eligibility for a first offense other than an offense 50
under paragraph (a) of this subdivision; 51
(c) Twenty percent of the imposed sentence prior to 52
parole eligibility for a second offense other than an 53
offense under paragraph (a) of this subdivision; 54
(d) Fifty percent of the imposed sentence prior to 55
parole eligibility for a third or subsequent offense other 56
than an offense under paragraph (a) of this subdivision; 57
(6) For a class A misdemeanor, a term not to exceed 58
one year; 59
(7) For a class B misdemeanor, a term not to exceed 60
six months; 61
(8) For a class C misdemeanor, a term not to exceed 62
fifteen days. 63
2. When a person is sentenced to the authorized term 64
of imprisonment for a higher class than the offense for 65
which the person was found guilty under sections 558.016, 66
565.079, and 579.170, the person shall also be sentenced to 67
the parole eligibility percentage of the higher class. 68
3. The authorized terms of imprisonment under 69
subsections 1 and 2 of this section shall apply to all 70
offenses, except if the terms for parole eligibility 71
otherwise provided by statute result in a higher parole 72
eligibility percentage, in which case the statute resulting 73
in the higher parole eligibility percentage shall apply. 74
4. The authorized terms of imprisonment under 75
subsection 1 of this section shall not apply to any offense 76
where a suspended imposition of sentence is imposed or where 77
the matter is referred to an adult treatment court as 78
provided in chapter 478. 79
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5. In cases of class D and E felonies, the court shall 80
have discretion to imprison for a special term not to exceed 81
one year in the county jail or other authorized penal 82
institution, and the place of confinement shall be fixed by 83
the court. If the court imposes a sentence of imprisonment 84
for a term longer than one year upon a person convicted of a 85
class D or E felony, it shall commit the person to the 86
custody of the department of corrections. 87
[3.] 6. (1) When a regular sentence of imprisonment 88
for a felony is imposed, the court shall commit the person 89
to the custody of the department of corrections for the term 90
imposed under section 557.036, or until released under 91
procedures established elsewhere by law. 92
(2) A sentence of imprisonment for a misdemeanor shall 93
be for a definite term and the court shall commit the person 94
to the county jail or other authorized penal institution for 95
the term of his or her sentence or until released under 96
procedure established elsewhere by law. 97
[4.] 7. (1) Except as otherwise provided, a sentence 98
of imprisonment for a term of years for felonies other than 99
dangerous felonies as defined in section 556.061, and other 100
than sentences of imprisonment which involve the 101
individual's fourth or subsequent remand to the department 102
of corrections shall consist of a prison term and a 103
conditional release term. The conditional release term of 104
any term imposed under section 557.036 shall be: 105
(a) One-third for terms of nine years or less; 106
(b) Three years for terms between nine and fifteen 107
years; 108
(c) Five years for terms more than fifteen years; and 109
the prison term shall be the remainder of such term. The 110
SS#3 SB 888 53
prison term may be extended by the parole board pursuant to 111
subsection [5] 8 of this section. 112
(2) "Conditional release" means the conditional 113
discharge of an offender by the parole board, subject to 114
conditions of release that the parole board deems reasonable 115
to assist the offender to lead a law-abiding life, and 116
subject to the supervision under the division of probation 117
and parole. The conditions of release shall include 118
avoidance by the offender of any other offense, federal or 119
state, and other conditions that the parole board in its 120
discretion deems reasonably necessary to assist the releasee 121
in avoiding further violation of the law. 122
[5.] 8. The date of conditional release from the 123
prison term may be extended up to a maximum of the entire 124
sentence of imprisonment by the parole board. The director 125
of any division of the department of corrections except the 126
division of probation and parole may file with the parole 127
board a petition to extend the conditional release date when 128
an offender fails to follow the rules and regulations of the 129
division or commits an act in violation of such rules. 130
Within ten working days of receipt of the petition to extend 131
the conditional release date, the parole board shall convene 132
a hearing on the petition. The offender shall be present 133
and may call witnesses in his or her behalf and cross- 134
examine witnesses appearing against the offender. The 135
hearing shall be conducted as provided in section 217.670. 136
If the violation occurs in close proximity to the 137
conditional release date, the conditional release may be 138
held for a maximum of fifteen working days to permit 139
necessary time for the division director to file a petition 140
for an extension with the parole board and for the parole 141
board to conduct a hearing, provided some affirmative 142
SS#3 SB 888 54
manifestation of an intent to extend the conditional release 143
has occurred prior to the conditional release date. If at 144
the end of a fifteen-working-day period a parole board 145
decision has not been reached, the offender shall be 146
released conditionally. The decision of the parole board 147
shall be final. 148
9. Any person who commits a class A or B felony or an 149
offense under chapters 566, 568, and 573 that requires 150
registration as a sex offender under chapter 589, on or 151
after January 1, 2028, shall not be eligible for conditional 152
release for that offense. 153
10. Notwithstanding any other provision of law to the 154
contrary, any offender who has been found guilty of a 155
dangerous felony as defined in section 556.061 and is 156
committed to the department of corrections shall be required 157
to serve eighty-five percent of the sentence imposed by the 158
court prior to parole eligibility. 159
11. For the purpose of determining the minimum time 160
required to be served by the offender before he or she is 161
eligible for parole, the following calculations shall apply: 162
(1) A sentence of life shall be calculated to be 163
thirty years; and 164
(2) Any sentence either alone or in the aggregate with 165
other consecutive sentences for offenses committed at or 166
near the same time that is over seventy-five years shall be 167
calculated to be seventy-five years. 168
12. When consecutive sentences are imposed by a court, 169
the minimum percentage for each respective felony shall be 170
met prior to parole eligibility. 171
13. When concurrent sentences are imposed by a court, 172
the person shall serve the minimum required percentage for 173
the longest sentence prior to parole eligibility. 174
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558.016. 1. The court may sentence a person who has 1
been found guilty of an offense to a term of imprisonment as 2
authorized by section 558.011 or to a term of imprisonment 3
authorized by a statute governing the offense if it finds 4
the defendant is a prior offender or a persistent 5
misdemeanor offender. The court [may] shall sentence a 6
person to an extended term of imprisonment if: 7
(1) The defendant is a persistent offender or a 8
dangerous offender, and the person is sentenced under 9
subsection 7 of this section; 10
(2) The statute under which the person was found 11
guilty contains a sentencing enhancement provision that is 12
based on a prior finding of guilt or a finding of prior 13
criminal conduct and the person is sentenced according to 14
the statute; or 15
(3) A more specific sentencing enhancement provision 16
applies that is based on a prior finding of guilt or a 17
finding of prior criminal conduct. 18
2. A "prior offender" is one who has been found guilty 19
of one felony. 20
3. A "persistent offender" is one who has been found 21
guilty of two or more felonies committed at different times, 22
or one who has been previously found guilty of a dangerous 23
felony as defined in subdivision (19) of section 556.061. 24
4. A "dangerous offender" is one who: 25
(1) Is being sentenced for a felony during the 26
commission of which he knowingly murdered or endangered or 27
threatened the life of another person or knowingly inflicted 28
or attempted or threatened to inflict serious physical 29
injury on another person; and 30
(2) Has been found guilty of a class A or B felony or 31
a dangerous felony. 32
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5. A "persistent misdemeanor offender" is one who has 33
been found guilty of two or more offenses, committed at 34
different times that are classified as A or B misdemeanors 35
under the laws of this state. 36
6. The findings of guilt shall be prior to the date of 37
commission of the present offense. 38
7. The court shall sentence a person, who has been 39
found to be a persistent offender or a dangerous offender, 40
and is found guilty of a class B, C, D, or E felony to the 41
authorized term of imprisonment for the offense that is one 42
class higher than the offense for which the person is found 43
guilty. 44
558.019. 1. [This section shall not be construed to 1
affect the powers of the governor under Article IV, Section 2
7, of the Missouri Constitution. This statute shall not 3
affect those provisions of section 565.020 or section 4
566.125, which set minimum terms of sentences, or the 5
provisions of section 559.115, relating to probation. 6
2. The provisions of subsections 2 to 5 of this 7
section shall only be applicable to the offenses contained 8
in sections 565.021, 565.023, 565.024, 565.027, 565.050, 9
565.052, 565.054, 565.072, 565.073, 565.074, 565.090, 10
565.110, 565.115, 565.120, 565.153, 565.156, 565.225, 11
565.300, 566.030, 566.031, 566.032, 566.034, 566.060, 12
566.061, 566.062, 566.064, 566.067, 566.068, 566.069, 13
566.071, 566.083, 566.086, 566.100, 566.101, 566.103, 14
566.111, 566.115, 566.145, 566.151, 566.153, 566.203, 15
566.206, 566.209, 566.210, 566.211, 566.215, 568.030, 16
568.045, 568.060, 568.065, 568.175, 569.040, 569.160, 17
570.023, 570.025, 570.030 when punished as a class A, B, or 18
C felony, 570.145 when punished as a class A or B felony, 19
570.223 when punished as a class B or C felony, 571.020, 20
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571.030, 571.070, 573.023, 573.025, 573.035, 573.037, 21
573.200, 573.205, 574.070, 574.080, 574.115, 575.030, 22
575.150, 575.153, 575.155, 575.157, 575.200 when punished as 23
a class A felony, 575.210, 575.230 when punished as a class 24
B felony, 575.240 when punished as a class B felony, 25
576.070, 576.080, 577.010, 577.013, 577.078, 577.703, 26
577.706, 579.065, and 579.068 when punished as a class A or 27
B felony. For the purposes of this section, "prison 28
commitment" means and is the receipt by the department of 29
corrections of an offender after sentencing. For purposes 30
of this section, prior prison commitments to the department 31
of corrections shall not include an offender's first 32
incarceration prior to release on probation under section 33
217.362 or 559.115. Other provisions of the law to the 34
contrary notwithstanding, any offender who has been found 35
guilty of a felony other than a dangerous felony as defined 36
in section 556.061 and is committed to the department of 37
corrections shall be required to serve the following minimum 38
prison terms: 39
(1) If the offender has one previous prison commitment 40
to the department of corrections for a felony offense, the 41
minimum prison term which the offender must serve shall be 42
forty percent of his or her sentence or until the offender 43
attains seventy years of age, and has served at least thirty 44
percent of the sentence imposed, whichever occurs first; 45
(2) If the offender has two previous prison 46
commitments to the department of corrections for felonies 47
unrelated to the present offense, the minimum prison term 48
which the offender must serve shall be fifty percent of his 49
or her sentence or until the offender attains seventy years 50
of age, and has served at least forty percent of the 51
sentence imposed, whichever occurs first; 52
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(3) If the offender has three or more previous prison 53
commitments to the department of corrections for felonies 54
unrelated to the present offense, the minimum prison term 55
which the offender must serve shall be eighty percent of his 56
or her sentence or until the offender attains seventy years 57
of age, and has served at least forty percent of the 58
sentence imposed, whichever occurs first. 59
3. Other provisions of the law to the contrary 60
notwithstanding, any offender who has been found guilty of a 61
dangerous felony as defined in section 556.061 and is 62
committed to the department of corrections shall be required 63
to serve a minimum prison term of eighty-five percent of the 64
sentence imposed by the court or until the offender attains 65
seventy years of age, and has served at least forty percent 66
of the sentence imposed, whichever occurs first. 67
4. For the purpose of determining the minimum prison 68
term to be served, the following calculations shall apply: 69
(1) A sentence of life shall be calculated to be 70
thirty years; 71
(2) Any sentence either alone or in the aggregate with 72
other consecutive sentences for offenses committed at or 73
near the same time which is over seventy-five years shall be 74
calculated to be seventy-five years. 75
5. For purposes of this section, the term "minimum 76
prison term" shall mean time required to be served by the 77
offender before he or she is eligible for parole, 78
conditional release or other early release by the department 79
of corrections. 80
6. An offender who was convicted of, or pled guilty 81
to, a felony offense other than those offenses listed in 82
subsection 2 of this section prior to August 28, 2019, shall 83
no longer be subject to the minimum prison term provisions 84
SS#3 SB 888 59
under subsection 2 of this section, and shall be eligible 85
for parole, conditional release, or other early release by 86
the department of corrections according to the rules and 87
regulations of the department. 88
7.] (1) A sentencing advisory commission is hereby 89
created to consist of eleven members. One member shall be 90
appointed by the speaker of the house. One member shall be 91
appointed by the president pro tem of the senate. One 92
member shall be the director of the department of 93
corrections. Six members shall be appointed by and serve at 94
the pleasure of the governor from among the following: the 95
public defender commission; private citizens; a private 96
member of the Missouri Bar; the board of probation and 97
parole; and a prosecutor. Two members shall be appointed by 98
the supreme court, one from a metropolitan area and one from 99
a rural area. All members shall be appointed to a four-year 100
term. All members of the sentencing commission appointed 101
prior to August 28, 1994, shall continue to serve on the 102
sentencing advisory commission at the pleasure of the 103
governor. 104
(2) The commission shall study sentencing practices in 105
the circuit courts throughout the state for the purpose of 106
determining whether and to what extent disparities exist 107
among the various circuit courts with respect to the length 108
of sentences imposed and the use of probation for offenders 109
convicted of the same or similar offenses and with similar 110
criminal histories. The commission shall also study and 111
examine whether and to what extent sentencing disparity 112
among economic and social classes exists in relation to the 113
sentence of death and if so, the reasons therefor, if 114
sentences are comparable to other states, if the length of 115
the sentence is appropriate, and the rate of rehabilitation 116
SS#3 SB 888 60
based on sentence. It shall compile statistics, examine 117
cases, draw conclusions, and perform other duties relevant 118
to the research and investigation of disparities in death 119
penalty sentencing among economic and social classes. 120
(3) The commission shall study alternative sentences, 121
prison work programs, work release, home-based 122
incarceration, probation and parole options, and any other 123
programs and report the feasibility of these options in 124
Missouri. 125
(4) The governor shall select a chairperson who shall 126
call meetings of the commission as required or permitted 127
pursuant to the purpose of the sentencing commission. 128
(5) The members of the commission shall not receive 129
compensation for their duties on the commission, but shall 130
be reimbursed for actual and necessary expenses incurred in 131
the performance of these duties and for which they are not 132
reimbursed by reason of their other paid positions. 133
(6) The circuit and associate circuit courts of this 134
state, the office of the state courts administrator, the 135
department of public safety, and the department of 136
corrections shall cooperate with the commission by providing 137
information or access to information needed by the 138
commission. The office of the state courts administrator 139
will provide needed staffing resources. 140
[8.] 2. Courts shall retain discretion to lower or 141
exceed the sentence recommended by the commission as 142
otherwise allowable by law, and to order restorative justice 143
methods, when applicable. 144
[9.] 3. If the imposition or execution of a sentence 145
is suspended, the court may order any or all of the 146
following restorative justice methods, or any other method 147
that the court finds just or appropriate: 148
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(1) Restitution to any victim or a statutorily created 149
fund for costs incurred as a result of the offender's 150
actions; 151
(2) Offender treatment programs; 152
(3) Mandatory community service; 153
(4) Work release programs in local facilities; and 154
(5) Community-based residential and nonresidential 155
programs. 156
[10.] 4. Pursuant to subdivision (1) of subsection [9] 157
3 of this section, the court may order the assessment and 158
payment of a designated amount of restitution to a county 159
law enforcement restitution fund established by the county 160
commission pursuant to section 50.565. Such contribution 161
shall not exceed three hundred dollars for any charged 162
offense. Any restitution moneys deposited into the county 163
law enforcement restitution fund pursuant to this section 164
shall only be expended pursuant to the provisions of section 165
50.565. 166
[11.] 5. A judge may order payment to a restitution 167
fund only if such fund had been created by ordinance or 168
resolution of a county of the state of Missouri prior to 169
sentencing. A judge shall not have any direct supervisory 170
authority or administrative control over any fund to which 171
the judge is ordering a person to make payment. 172
[12.] 6. A person who fails to make a payment to a 173
county law enforcement restitution fund may not have his or 174
her probation revoked solely for failing to make such 175
payment unless the judge, after evidentiary hearing, makes a 176
finding supported by a preponderance of the evidence that 177
the person either willfully refused to make the payment or 178
that the person willfully, intentionally, and purposefully 179
SS#3 SB 888 62
failed to make sufficient bona fide efforts to acquire the 180
resources to pay. 181
[13.] 7. Nothing in this section shall be construed to 182
allow the sentencing advisory commission to issue 183
recommended sentences in specific cases pending in the 184
courts of this state. 185
558.026. 1. Multiple sentences of imprisonment shall 1
run concurrently unless the court specifies that they shall 2
run consecutively; except in the case of multiple sentences 3
of imprisonment imposed for any offense committed during or 4
at the same time as, or multiple offenses of, the following 5
felonies: 6
(1) Rape in the first degree, forcible rape, or rape; 7
(2) Statutory rape in the first degree; 8
(3) Sodomy in the first degree, forcible sodomy, or 9
sodomy; 10
(4) Statutory sodomy in the first degree; or 11
(5) An attempt to commit any of the felonies listed in 12
this subsection. In such case, the sentence of imprisonment 13
imposed for any felony listed in this subsection or an 14
attempt to commit any of the aforesaid shall run 15
consecutively to the other sentences. The sentences imposed 16
for any other offense may run concurrently. 17
2. If a person who is on probation, parole or 18
conditional release is sentenced to a term of imprisonment 19
for an offense committed after the granting of probation or 20
parole or after the start of his or her conditional release 21
term, the court shall direct the manner in which the 22
sentence or sentences imposed by the court shall run with 23
respect to any resulting probation, parole or conditional 24
release revocation term or terms. If the subsequent 25
sentence to imprisonment is in another jurisdiction, the 26
SS#3 SB 888 63
court shall specify how any resulting probation, parole or 27
conditional release revocation term or terms shall run with 28
respect to the foreign sentence of imprisonment. 29
3. A court may cause any sentence it imposes to run 30
concurrently with a sentence an individual is serving or is 31
to serve in another state or in a federal correctional 32
center. If the Missouri sentence is served in another state 33
or in a federal correctional center, subsection [4] 7 of 34
section 558.011 and section 217.690 shall apply as if the 35
individual were serving his or her sentence within the 36
department of corrections of the state of Missouri, except 37
that a personal hearing before the parole board shall not be 38
required for parole consideration. 39
558.031. 1. A sentence of imprisonment shall commence 1
when a person convicted of an offense in this state is 2
received into the custody of the department of corrections 3
or other place of confinement where the offender is 4
sentenced. 5
2. [Such] When placing a person on probation for a 6
suspended imposition of sentence, probation for a suspended 7
execution of sentence, or when executing a sentence of 8
imprisonment, the court shall record, as part of each 9
judgment, the number of days the person [shall receive 10
credit toward the service of a sentence of imprisonment for 11
all time] was in prison, jail, or custody, that was related 12
to the offense, after the offense occurred and before [the 13
commencement of the sentence, when the time in custody was 14
related to that offense] being sentenced to imprisonment and 15
the defendant shall be awarded credit toward the service of 16
a sentence of imprisonment for that number of days. [This] 17
The jail time credit calculation shall be based upon the 18
certification of the sheriff as provided in subdivision (3) 19
SS#3 SB 888 64
of subsection 2 of section 217.305 and may be supplemented 20
by a certificate of a sheriff or other custodial officer 21
from another jurisdiction having held the person on the 22
charge of the offense for which the sentence of imprisonment 23
is ordered and shall be pronounced at the time of the 24
judgment, the execution of a suspended sentence, or the 25
suspension of imposition of sentence, shall be included in 26
the record, and shall include both the dates the person was 27
in custody and the number of days to be credited toward the 28
service of the sentence. 29
3. For purposes of this section, time in custody 30
related to an offense includes time during which the offense 31
was charged in a criminal proceeding, there was an arrest 32
warrant issued in said criminal proceeding, and the arrest 33
warrant was served upon the person, and includes time served 34
on house arrest. The person shall not be entitled to any 35
credit toward the service of a sentence of imprisonment for 36
any time such person was not being held on said arrest 37
warrant because such person posted bond, the arrest warrant 38
was recalled, or the person was otherwise released. 39
4. The court may take judicial notice of all time the 40
person has served in prison, jail, or custody, or on house 41
arrest for a criminal proceeding by comparing dates of 42
service on arrest warrants with evidence contained within 43
the court file of dates of release and the prosecution and 44
defense attorney may enter into a stipulation with regard to 45
credit for the service of a sentence of imprisonment for all 46
time in prison, jail, or custody, or on house arrest except 47
in no event may the court approve a stipulation that is 48
greater than or less than the time in custody related to an 49
offense. 50
SS#3 SB 888 65
5. Upon motion and notice by defendant or defense 51
counsel, for any such person who was held in a juvenile 52
detention facility for an offense for which such person was 53
subsequently adjudicated to stand trial as an adult, the 54
court may also award credit toward the service of a sentence 55
of imprisonment for any time such person was confined in a 56
juvenile detention facility. 57
6. In the event a criminal proceeding related to an 58
offense is dismissed without prejudice by a court or nolle 59
prossed by the state, upon motion and notice by defendant or 60
defense counsel, the proceeding may be consolidated into the 61
present matter for purposes of calculating credit for the 62
service of a sentence of imprisonment. 63
7. The officer required by law to deliver a person 64
convicted of an offense in this state to the department of 65
corrections shall endorse upon the papers required by 66
section 217.305 both the dates the offender was in custody 67
and the period of time to be credited toward the service of 68
the sentence of imprisonment, [except as endorsed by such 69
officer] included in the judgment or suspended imposition of 70
sentence and such additional days after the pronouncement of 71
sentence and before the delivery of the person to the 72
department of corrections. 73
[4.] 8. If a person convicted of an offense escapes 74
from custody, such escape shall interrupt the sentence. The 75
interruption shall continue until such person is returned to 76
the correctional center where the sentence was being served, 77
or in the case of a person committed to the custody of the 78
department of corrections, to any correctional center 79
operated by the department of corrections. An escape shall 80
also interrupt the jail time credit to be applied to a 81
sentence which had not commenced when the escape occurred. 82
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[5.] 9. If a sentence of imprisonment is vacated and a 83
new sentence imposed upon the offender for that offense, all 84
time served under the vacated sentence shall be credited 85
against the new sentence, unless the time has already been 86
credited to another sentence as provided in subsection 1 of 87
this section. 88
[6.] 10. If a person released from imprisonment on 89
parole or serving a conditional release term violates any of 90
the conditions of his or her parole or release, he or she 91
may be treated as a parole violator. If the parole board 92
revokes the parole or conditional release, the paroled 93
person shall serve the remainder of the prison term and 94
conditional release term, as an additional prison term, and 95
the conditionally released person shall serve the remainder 96
of the conditional release term as a prison term, unless 97
released on parole. 98
[7. Subsection 2 of this section shall be applicable 99
to offenses for which the offender was sentenced on or after 100
August 28, 2023. 101
8. The total amount of credit given shall not exceed 102
the number of days spent in prison, jail, or custody after 103
the offense occurred and before the commencement of the 104
sentence.] 105
11. A person may only challenge credit awarded or not 106
awarded pursuant to this section by the filing of a petition 107
for a writ of habeas corpus. 108
558.046. The sentencing court may, upon petition, 1
reduce any term of sentence or probation pronounced by the 2
court or a term of conditional release or parole pronounced 3
by the parole board if the court determines that: 4
(1) The convicted person was: 5
SS#3 SB 888 67
(a) Convicted of an offense that did not involve 6
violence or the threat of violence; and 7
(b) Convicted of an offense that involved alcohol or 8
illegal drugs; and 9
(2) Since the commission of such offense, the 10
convicted person has successfully completed a detoxification 11
and rehabilitation program; and 12
(3) The convicted person is not: 13
(a) A prior offender, a persistent offender, a 14
dangerous offender or a persistent misdemeanor offender as 15
defined by section 558.016; or 16
(b) A persistent sexual offender as defined in section 17
566.125[; or 18
(c) A prior offender, a persistent offender or a class 19
X offender as defined in section 558.019]. 20
559.115. 1. Neither probation nor parole shall be 1
granted by the circuit court between the time the transcript 2
on appeal from the offender's conviction has been filed in 3
appellate court and the disposition of the appeal by such 4
court. 5
2. Unless otherwise prohibited by subsection [8] 7 of 6
this section, a circuit court only upon its own motion and 7
not that of the state or the offender shall have the power 8
to grant probation to an offender anytime up to one hundred 9
twenty days after such offender has been delivered to the 10
department of corrections but not thereafter. The court may 11
request information and a recommendation from the department 12
concerning the offender and such offender's behavior during 13
the period of incarceration. Except as provided in this 14
section, the court may place the offender on probation in a 15
program created pursuant to section 217.777, or may place 16
SS#3 SB 888 68
the offender on probation with any other conditions 17
authorized by law. 18
3. The court may recommend placement of an offender in 19
a department of corrections one hundred twenty-day program 20
under this subsection. The department of corrections shall 21
assess each offender to determine the appropriate one 22
hundred twenty-day program in which to place the offender, 23
which may include placement in the structured cognitive 24
behavioral intervention program or institutional treatment 25
program. The placement of an offender in the structured 26
cognitive behavioral intervention program or institutional 27
treatment program shall be at the sole discretion of the 28
department based on the assessment of the offender and 29
available bed space. When the court recommends and receives 30
placement of an offender in a department of corrections one 31
hundred twenty-day program, the offender shall be released 32
on probation if the department of corrections determines 33
that the offender has successfully completed the program 34
except as follows. Upon successful completion of a program 35
under this subsection, the division of probation and parole 36
shall advise the sentencing court of an offender's 37
probationary release date thirty days prior to release. The 38
court shall follow the recommendation of the department 39
unless the court determines that probation is not 40
appropriate. If the court determines that probation is not 41
appropriate, the court may order the execution of the 42
offender's sentence only after conducting a hearing on the 43
matter within ninety to one hundred twenty days from the 44
date the offender was delivered to the department of 45
corrections. If the department determines the offender has 46
not successfully completed a one hundred twenty-day program 47
under this subsection, the division of probation and parole 48
SS#3 SB 888 69
shall advise the prosecuting attorney and the sentencing 49
court of the defendant's unsuccessful program exit and the 50
defendant shall be removed from the program. The department 51
shall report on the offender's participation in the program 52
and may provide recommendations for terms and conditions of 53
an offender's probation. The court shall then have the 54
power to grant probation or order the execution of the 55
offender's sentence. 56
4. If the court is advised that an offender is not 57
eligible for placement in a one hundred twenty-day program 58
under subsection 3 of this section, the court shall consider 59
other authorized dispositions. If the department of 60
corrections one hundred twenty-day program under subsection 61
3 of this section is full, the court may place the offender 62
in a private program approved by the department of 63
corrections or the court, the expenses of such program to be 64
paid by the offender, or in an available program offered by 65
another organization. If the offender is convicted of a 66
class C, class D, or class E nonviolent felony, the court 67
may order probation while awaiting appointment to treatment. 68
5. Except when the offender has been found to be a 69
predatory sexual offender pursuant to section 566.125, the 70
court shall request the department of corrections to conduct 71
a sexual offender assessment if the defendant has been found 72
guilty of sexual abuse when classified as a class B felony. 73
Upon completion of the assessment, the department shall 74
provide to the court a report on the offender and may 75
provide recommendations for terms and conditions of an 76
offender's probation. The assessment shall not be 77
considered a one hundred twenty-day program as provided 78
under subsection 3 of this section. The process for 79
granting probation to an offender who has completed the 80
SS#3 SB 888 70
assessment shall be as provided under subsections 2 and 6 of 81
this section. 82
6. Unless the offender is being granted probation 83
pursuant to successful completion of a one hundred twenty- 84
day program the circuit court shall notify the state in 85
writing when the court intends to grant probation to the 86
offender pursuant to the provisions of this section. The 87
state may, in writing, request a hearing within ten days of 88
receipt of the court's notification that the court intends 89
to grant probation. Upon the state's request for a hearing, 90
the court shall grant a hearing as soon as reasonably 91
possible. If the state does not respond to the court's 92
notice in writing within ten days, the court may proceed 93
upon its own motion to grant probation. 94
7. [An offender's first incarceration under this 95
section prior to release on probation shall not be 96
considered a previous prison commitment for the purpose of 97
determining a minimum prison term under the provisions of 98
section 558.019. 99
8.] Notwithstanding any other provision of law, 100
probation may not be granted pursuant to this section to 101
offenders who have been convicted of murder in the second 102
degree pursuant to section 565.021; forcible rape pursuant 103
to section 566.030 as it existed prior to August 28, 2013; 104
rape in the first degree under section 566.030; forcible 105
sodomy pursuant to section 566.060 as it existed prior to 106
August 28, 2013; sodomy in the first degree under section 107
566.060; statutory rape in the first degree pursuant to 108
section 566.032; statutory sodomy in the first degree 109
pursuant to section 566.062; child molestation in the first 110
degree pursuant to section 566.067 when classified as a 111
class A felony; abuse of a child pursuant to section 568.060 112
SS#3 SB 888 71
when classified as a class A felony; or an offender who has 113
been found to be a predatory sexual offender pursuant to 114
section 566.125; any offense under section 557.045; or any 115
offense in which there exists a statutory prohibition 116
against either probation or parole. 117
566.030. 1. A person commits the offense of rape in 1
the first degree if he or she has sexual intercourse with 2
another person who is incapacitated, incapable of consent, 3
or lacks the capacity to consent, or by the use of forcible 4
compulsion. Forcible compulsion includes the use of a 5
substance administered without a victim's knowledge or 6
consent which renders the victim physically or mentally 7
impaired so as to be incapable of making an informed consent 8
to sexual intercourse. 9
2. The offense of rape in the first degree or an 10
attempt to commit rape in the first degree is a class A 11
felony for which the authorized term of imprisonment is life 12
imprisonment or a term of years not less than [five] ten 13
years, not to exceed thirty years, unless: 14
(1) The offense is an aggravated sexual offense, in 15
which case the authorized term of imprisonment is life 16
imprisonment as defined in section 558.011 or [a term of 17
years not less than fifteen years] life imprisonment without 18
eligibility for probation or parole; 19
(2) The person is a persistent or predatory sexual 20
offender as defined in section 566.125 and subjected to an 21
extended term of imprisonment under said section; 22
(3) The victim is a child less than twelve years of 23
age, in which case the required term of imprisonment is life 24
imprisonment as defined in section 558.011 or life 25
imprisonment without eligibility for probation or parole 26
[until the offender has served not less than thirty years of 27
SS#3 SB 888 72
such sentence or unless the offender has reached the age of 28
seventy-five years and has served at least fifteen years of 29
such sentence, unless such rape in the first degree is 30
described under subdivision (4) of this subsection]; or 31
(4) The victim is a child less than twelve years of 32
age and such rape in the first degree or attempt to commit 33
rape in the first degree was outrageously or wantonly vile, 34
horrible or inhumane, in that it involved torture or 35
depravity of mind, in which case the required term of 36
imprisonment is life imprisonment without eligibility for 37
probation, parole or conditional release. 38
3. [Subsection 4 of section 558.019 shall not apply to 39
the sentence of a person who has been found guilty of rape 40
in the first degree or attempt to commit rape in the first 41
degree when the victim is less than twelve years of age, and 42
"life imprisonment" shall mean imprisonment for the duration 43
of a person's natural life for the purposes of this section. 44
4.] No person found guilty of rape in the first degree 45
or an attempt to commit rape in the first degree shall be 46
granted a suspended imposition of sentence or suspended 47
execution of sentence. 48
566.032. 1. A person commits the offense of statutory 1
rape in the first degree if he or she has sexual intercourse 2
with another person who is less than fourteen years of age. 3
2. The offense of statutory rape in the first degree 4
or an attempt to commit statutory rape in the first degree 5
is a felony for which the authorized term of imprisonment is 6
life imprisonment or a term of years not less than [five] 7
ten years, unless: 8
(1) The offense is an aggravated sexual offense, or 9
the victim is less than twelve years of age in which case 10
SS#3 SB 888 73
the authorized term of imprisonment is life imprisonment or 11
a term of years not less than [ten] fifteen years; or 12
(2) The person is a persistent or predatory sexual 13
offender as defined in section 566.125 and subjected to an 14
extended term of imprisonment under said section. 15
566.060. 1. A person commits the offense of sodomy in 1
the first degree if he or she has deviate sexual intercourse 2
with another person who is incapacitated, incapable of 3
consent, or lacks the capacity to consent, or by the use of 4
forcible compulsion. Forcible compulsion includes the use 5
of a substance administered without a victim's knowledge or 6
consent which renders the victim physically or mentally 7
impaired so as to be incapable of making an informed consent 8
to sexual intercourse. 9
2. The offense of sodomy in the first degree or an 10
attempt to commit sodomy in the first degree is a felony for 11
which the authorized term of imprisonment is life 12
imprisonment or a term of years not less than five years, 13
unless: 14
(1) The offense is an aggravated sexual offense, in 15
which case the authorized term of imprisonment is life 16
imprisonment or a term of years not less than ten years; 17
(2) The person is a persistent or predatory sexual 18
offender as defined in section 566.125 and subjected to an 19
extended term of imprisonment under said section; 20
(3) The victim is a child less than twelve years of 21
age, in which case the required term of imprisonment is life 22
imprisonment as defined in section 558.011 or life 23
imprisonment without eligibility for probation or parole 24
[until the offender has served not less than thirty years of 25
such sentence or unless the offender has reached the age of 26
seventy-five years and has served at least fifteen years of 27
SS#3 SB 888 74
such sentence, unless such sodomy in the first degree is 28
described under subdivision (4) of this subsection]; or 29
(4) The victim is a child less than twelve years of 30
age and such sodomy in the first degree or attempt to commit 31
sodomy in the first degree was outrageously or wantonly 32
vile, horrible or inhumane, in that it involved torture or 33
depravity of mind, in which case the required term of 34
imprisonment is life imprisonment without eligibility for 35
probation, parole or conditional release. 36
3. [Subsection 4 of section 558.019 shall not apply to 37
the sentence of a person who has been found guilty of sodomy 38
in the first degree or an attempt to commit sodomy in the 39
first degree when the victim is less than twelve years of 40
age, and "life imprisonment" shall mean imprisonment for the 41
duration of a person's natural life for the purposes of this 42
section. 43
4.] No person found guilty of sodomy in the first 44
degree or an attempt to commit sodomy in the first degree 45
shall be granted a suspended imposition of sentence or 46
suspended execution of sentence. 47
566.103. 1. A person or entity commits the offense of 1
promoting online sexual solicitation if such person or 2
entity knowingly permits a web-based classified service 3
owned or operated by such person or entity to be used by 4
individuals to post advertisements promoting prostitution, 5
enticing a child to engage in sexual conduct, or promoting 6
sexual trafficking of a child after receiving notice under 7
this section. 8
2. As used in this section, the term "web-based 9
classified service" means a person or entity in whose name a 10
specific URL or internet domain name is registered which has 11
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advertisements for goods and services or personal 12
advertisements. 13
3. An advertisement may be deemed to promote 14
prostitution, entice a child to engage in sexual conduct, or 15
promote sexual trafficking of a child, if the content of 16
such advertisement would be interpreted by a reasonable 17
person as offering to exchange sexual conduct for goods or 18
services in violation of chapter 567, as seeking a child for 19
the purpose of sexual conduct or commercial sex act, or as 20
offering a child as a participant in sexual conduct or 21
commercial sex act in violation of section 566.151, 22
566.210, or 566.211. 23
4. It shall be prima facie evidence that a person or 24
entity acts knowingly if an advertisement is not removed 25
from the web-based classified service within seventy-two 26
hours of that person or entity being notified that an 27
advertisement has been posted on that service which is 28
prohibited under this section. 29
5. Notice under this section may be provided by 30
certified mail or facsimile transmission by the attorney 31
general or any prosecuting attorney or circuit attorney. 32
6. A violation of this section shall be a class E 33
felony, punishable by imprisonment or a fine in the amount 34
of five thousand dollars per day that the advertisement 35
remains posted on the web-based classified service after 36
seventy-two hours of when notice has been provided pursuant 37
to this section, or by both such fine and imprisonment. 38
7. Original jurisdiction for prosecution of a 39
violation of this section shall be with the local 40
prosecuting attorney or circuit attorney. 41
566.125. 1. The court shall sentence a person to an 1
extended term of imprisonment if it finds the defendant is a 2
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persistent sexual offender and has been found guilty of 3
attempting to commit or committing the following offenses: 4
(1) Statutory rape in the first degree or statutory 5
sodomy in the first degree; 6
(2) Rape in the first degree or sodomy in the first 7
degree; 8
(3) Forcible rape; 9
(4) Forcible sodomy; 10
(5) Rape; 11
(6) Sodomy. 12
2. A "persistent sexual offender" is one who has 13
previously been found guilty of attempting to commit or 14
committing any of the offenses listed in subsection 1 of 15
this section or one who has previously been found guilty of 16
an offense in any other jurisdiction which would constitute 17
any of the offenses listed in subsection 1 of this section. 18
3. The term of imprisonment for one found to be a 19
persistent sexual offender shall be imprisonment for life 20
without eligibility for probation or parole. [Subsection 4 21
of section 558.019 shall not apply to any person imprisoned 22
under this subsection, and] "Imprisonment for life" shall 23
mean imprisonment for the duration of the person's natural 24
life. 25
4. The court shall sentence a person to an extended 26
term of imprisonment as provided for in this section if it 27
finds the defendant is a predatory sexual offender and has 28
been found guilty of committing or attempting to commit any 29
of the offenses listed in subsection 1 of this section or 30
committing child molestation in the first or second degree 31
or sexual abuse when classified as a class B felony. 32
5. For purposes of this section, a "predatory sexual 33
offender" is a person who: 34
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(1) Has previously been found guilty of committing or 35
attempting to commit any of the offenses listed in 36
subsection 1 of this section, or committing child 37
molestation in the first or second degree, or sexual abuse 38
when classified as a class B felony; or 39
(2) Has previously committed an act which would 40
constitute an offense listed in subsection 4 of this 41
section, whether or not the act resulted in a conviction; or 42
(3) Has committed an act or acts against more than one 43
victim which would constitute an offense or offenses listed 44
in subsection 4 of this section, whether or not the 45
defendant was charged with an additional offense or offenses 46
as a result of such act or acts. 47
6. A person found to be a predatory sexual offender 48
shall be imprisoned for life with eligibility for parole[, 49
however subsection 4 of section 558.019 shall not apply to 50
persons found to be predatory sexual offenders for the 51
purposes of determining the minimum prison term or the 52
length of sentence as defined or used in such subsection]. 53
Notwithstanding any other provision of law, in no event 54
shall a person found to be a predatory sexual offender 55
receive a final discharge from parole. 56
7. Notwithstanding any other provision of law, the 57
court shall set the minimum time required to be served 58
before a predatory sexual offender is eligible for parole, 59
conditional release or other early release by the department 60
of corrections. The minimum time to be served by a person 61
found to be a predatory sexual offender who: 62
(1) Has previously been found guilty of committing or 63
attempting to commit any of the offenses listed in 64
subsection 1 of this section and is found guilty of 65
committing or attempting to commit any of the offenses 66
SS#3 SB 888 78
listed in subsection 1 of this section shall be any number 67
of years but not less than thirty years; 68
(2) Has previously been found guilty of child 69
molestation in the first or second degree, or sexual abuse 70
when classified as a class B felony and is found guilty of 71
attempting to commit or committing any of the offenses 72
listed in subsection 1 of this section shall be any number 73
of years but not less than fifteen years; 74
(3) Has previously been found guilty of committing or 75
attempting to commit any of the offenses listed in 76
subsection 1 of this section, or committing child 77
molestation in the first or second degree, or sexual abuse 78
when classified as a class B felony shall be any number of 79
years but not less than fifteen years; 80
(4) Has previously been found guilty of child 81
molestation in the first degree or second degree, or sexual 82
abuse when classified as a class B felony, and is found 83
guilty of child molestation in the first or second degree, 84
or sexual abuse when classified as a class B felony shall be 85
any number of years but not less than fifteen years; 86
(5) Is found to be a predatory sexual offender 87
pursuant to subdivision (2) or (3) of subsection 5 of this 88
section shall be any number of years within the range to 89
which the person could have been sentenced pursuant to the 90
applicable law if the person was not found to be a predatory 91
sexual offender. 92
8. Notwithstanding any provision of law to the 93
contrary, the department of corrections, or any division 94
thereof, may not furlough an individual found to be and 95
sentenced as a persistent sexual offender or a predatory 96
sexual offender. 97
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566.203. 1. A person commits the offense of abusing 1
an individual through forced labor by knowingly providing or 2
obtaining the labor or services of a person: 3
(1) By causing or threatening to cause serious 4
physical injury to any person; 5
(2) By physically restraining or threatening to 6
physically restrain another person; 7
(3) By blackmail; 8
(4) By means of any scheme, plan, or pattern of 9
behavior intended to cause such person to believe that, if 10
the person does not perform the labor services, the person 11
or another person will suffer serious physical injury, 12
physical restraint, or financial harm; or 13
(5) By means of the abuse or threatened abuse of the 14
law or the legal process. 15
2. A person who is found guilty of the crime of abuse 16
through forced labor shall not be required to register as a 17
sexual offender pursuant to the provisions of section 18
589.400, unless such person is otherwise required to 19
register pursuant to the provisions of such section. 20
3. The offense of abuse through forced labor is a 21
felony punishable by imprisonment for a term of years not 22
less than five years and not more than twenty years and a 23
fine not to exceed two hundred fifty thousand dollars. 24
4. If death results from a violation of this section, 25
or if the violation includes kidnapping or an attempt to 26
kidnap, sexual abuse when punishable as a class B felony, or 27
an attempt to commit sexual abuse when punishable as a class 28
B felony, or an attempt to kill, it shall be punishable for 29
a term of years not less than [five] ten years or life and a 30
fine not to exceed two hundred fifty thousand dollars. 31
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566.209. 1. A person commits the [crime] offense of 1
trafficking for the purposes of sexual exploitation if a 2
person knowingly recruits, entices, harbors, transports, 3
provides, advertises the availability of or obtains by any 4
means, including but not limited to through the use of 5
force, intoxicating or inhibiting substances, abduction, 6
coercion, fraud, deception, blackmail, or causing or 7
threatening to cause financial harm, another person for the 8
use or employment of such person in a commercial sex act, 9
sexual conduct, a sexual performance, or the production of 10
explicit sexual material as defined in section 573.010, 11
without his or her consent, or benefits, financially or by 12
receiving anything of value, from participation in such 13
activities. 14
2. The [crime] offense of trafficking for the purposes 15
of sexual exploitation is a felony punishable by 16
imprisonment for a term of years not less than five years 17
and not more than twenty years and a fine not to exceed two 18
hundred fifty thousand dollars. If a violation of this 19
section was effected by force, abduction, or coercion, the 20
crime of trafficking for the purposes of sexual exploitation 21
is a felony punishable by imprisonment for a term of years 22
not less than ten years or life and a fine not to exceed two 23
hundred fifty thousand dollars. 24
566.210. 1. A person commits the offense of sexual 1
trafficking of a child in the first degree if he or she 2
knowingly: 3
(1) Recruits, entices, harbors, transports, provides, 4
or obtains by any means, including but not limited to 5
through the use of force, abduction, coercion, fraud, 6
deception, blackmail, or causing or threatening to cause 7
SS#3 SB 888 81
financial harm, a person under the age of fourteen to 8
participate in a commercial sex act, a sexual performance, 9
or the production of explicit sexual material as defined in 10
section 573.010, or benefits, financially or by receiving 11
anything of value, from participation in such activities; 12
(2) Causes a person under the age of fourteen to 13
engage in a commercial sex act, a sexual performance, or the 14
production of explicit sexual material as defined in section 15
573.010; or 16
(3) Advertises the availability of a person under the 17
age of fourteen to participate in a commercial sex act, a 18
sexual performance, or the production of explicit sexual 19
material as defined in section 573.010. 20
2. It shall not be a defense that the defendant 21
believed that the person was fourteen years of age or older. 22
3. The offense of sexual trafficking of a child in the 23
first degree is a felony for which the authorized term of 24
imprisonment is life imprisonment without eligibility for 25
probation or parole until the offender has served not less 26
than thirty years of such sentence. [Subsection 4 of 27
section 558.019 shall not apply to the sentence of a person 28
who has been found guilty of sexual trafficking of a child 29
less than fourteen years of age, and "life imprisonment" 30
shall mean imprisonment for the duration of a person's 31
natural life for the purposes of this section.] 32
566.211. 1. A person commits the offense of sexual 1
trafficking of a child in the second degree if he or she 2
knowingly: 3
(1) Recruits, entices, harbors, transports, provides, 4
or obtains by any means, including but not limited to 5
through the use of force, abduction, coercion, fraud, 6
SS#3 SB 888 82
deception, blackmail, or causing or threatening to cause 7
financial harm, a person under the age of eighteen to 8
participate in a commercial sex act, a sexual performance, 9
or the production of explicit sexual material as defined in 10
section 573.010, or benefits, financially or by receiving 11
anything of value, from participation in such activities; 12
(2) Causes a person under the age of eighteen to 13
engage in a commercial sex act, a sexual performance, or the 14
production of explicit sexual material as defined in section 15
573.010; or 16
(3) Advertises the availability of a person under the 17
age of eighteen to participate in a commercial sex act, a 18
sexual performance, or the production of explicit sexual 19
material as defined in section 573.010. 20
2. It shall not be a defense that the defendant 21
believed that the person was eighteen years of age or older. 22
3. The offense of sexual trafficking of a child in the 23
second degree is a felony punishable by imprisonment for a 24
term of years not less than twenty years or life and a fine 25
not to exceed two hundred fifty thousand dollars if the 26
child is under the age of eighteen. If a violation of this 27
section was effected by force, abduction, or coercion, the 28
[crime] offense of sexual trafficking of a child shall be a 29
felony for which the authorized term of imprisonment is life 30
imprisonment without eligibility for probation or parole 31
until the defendant has served [not less than twenty-five 32
years] eighty-five percent of such sentence as provided 33
under section 558.011. 34
568.045. 1. A person commits the offense of 1
endangering the welfare of a child in the first degree if he 2
or she: 3
SS#3 SB 888 83
(1) Knowingly acts in a manner that creates a 4
substantial risk to the life, body, or health of a child 5
less than [seventeen] eighteen years of age; 6
(2) Knowingly engages in sexual conduct with a person 7
under the age of eighteen years over whom the person is a 8
parent, guardian, or otherwise charged with the care and 9
custody; 10
(3) Knowingly encourages, aids or causes a child less 11
than [seventeen] eighteen years of age to engage in any 12
conduct which violates the provisions of chapter 571 or 579; 13
or 14
(4) In the presence of a child less than [seventeen] 15
eighteen years of age or in a residence where a child less 16
than [seventeen] eighteen years of age resides, unlawfully 17
manufactures or attempts to manufacture compounds, 18
possesses, produces, prepares, sells, transports, tests or 19
analyzes any of the following: fentanyl, carfentanil, 20
amphetamine, or methamphetamine, or any analogue thereof. 21
2. The offense of endangering the welfare of a child 22
in the first degree is a class D felony unless the offense: 23
(1) Is committed as part of an act or series of acts 24
performed by two or more persons as part of an established 25
or prescribed pattern of activity, or where physical injury 26
to the child results, or the offense is a second or 27
subsequent offense under this section, in which case the 28
offense is a class C felony; 29
(2) Involves fentanyl or carfentanil, or any analogue 30
thereof, in which case: 31
(a) The offense is a class B felony; and 32
SS#3 SB 888 84
(b) A person sentenced under this subdivision shall 33
not be eligible for conditional release or parole until he 34
or she has served at least five years of imprisonment; 35
(3) Results in serious physical injury to the child, 36
in which case the offense is a class B felony; or 37
(4) Results in the death of a child, in which case the 38
offense is a class A felony. 39
568.060. 1. As used in this section, the following 1
terms shall mean: 2
(1) "Abuse", the infliction of physical, sexual, or 3
mental injury against a child by any person eighteen years 4
of age or older. For purposes of this section, abuse shall 5
not include injury inflicted on a child by accidental means 6
by a person with care, custody, or control of the child, or 7
discipline of a child by a person with care, custody, or 8
control of the child, including spanking, in a reasonable 9
manner; 10
(2) "Abusive head trauma", a serious physical injury 11
to the head or brain caused by any means, including but not 12
limited to shaking, jerking, pushing, pulling, slamming, 13
hitting, or kicking; 14
(3) "Mental injury", an injury to the intellectual or 15
psychological capacity or the emotional condition of a child 16
as evidenced by an observable and substantial impairment of 17
the ability of the child to function within his or her 18
normal range of performance or behavior; 19
(4) "Neglect", the failure to provide, by those 20
responsible for the care, custody, and control of a child 21
under the age of eighteen years, the care reasonable and 22
necessary to maintain the physical and mental health of the 23
SS#3 SB 888 85
child, when such failure presents a substantial probability 24
that death or physical injury or sexual injury would result; 25
(5) "Physical injury", physical pain, illness, or any 26
impairment of physical condition, including but not limited 27
to bruising, lacerations, hematomas, welts, or permanent or 28
temporary disfigurement and impairment of any bodily 29
function or organ; 30
(6) "Serious emotional injury", an injury that creates 31
a substantial risk of temporary or permanent medical or 32
psychological damage, manifested by impairment of a 33
behavioral, cognitive, or physical condition. Serious 34
emotional injury shall be established by testimony of 35
qualified experts upon the reasonable expectation of 36
probable harm to a reasonable degree of medical or 37
psychological certainty; 38
(7) "Serious physical injury", a physical injury that 39
creates a substantial risk of death or that causes serious 40
disfigurement or protracted loss or impairment of the 41
function of any part of the body. 42
2. A person commits the offense of abuse or neglect of 43
a child if such person knowingly causes a child who is less 44
than eighteen years of age: 45
(1) To suffer physical or mental injury as a result of 46
abuse or neglect; or 47
(2) To be placed in a situation in which the child may 48
suffer physical or mental injury as the result of abuse or 49
neglect. 50
3. A person commits the offense of abuse or neglect of 51
a child if such person recklessly causes a child who is less 52
than eighteen years of age to suffer from abusive head 53
trauma. 54
SS#3 SB 888 86
4. A person does not commit the offense of abuse or 55
neglect of a child by virtue of the sole fact that the 56
person delivers or allows the delivery of a child to a 57
provider of emergency services. 58
5. (1) A person does not commit the offense of abuse 59
or neglect of a child by virtue of the sole fact that the 60
person allows the child to engage in independent activities 61
without adult supervision and the person is a parent to the 62
child or is responsible for the child's care, provided that 63
the: 64
(a) Independent activities are appropriate based on 65
the child's age, maturity, and physical and mental 66
abilities; and 67
(b) Lack of adult supervision does not constitute 68
conduct that is so grossly negligent as to endanger the 69
health or safety of the child. 70
(2) As used in this subsection, "independent 71
activities" shall include traveling to or from school or 72
nearby locations by bicycle or on foot, playing outdoors, or 73
remaining at home for a reasonable period of time without 74
adult supervision. 75
6. The offense of abuse or neglect of a child is: 76
(1) A class D felony[, without eligibility for 77
probation, parole, or conditional release until the 78
defendant has served no less than one year of such 79
sentence], unless the person has previously been found 80
guilty of a violation of this section or of a violation of 81
the law of any other jurisdiction that prohibits the same or 82
similar conduct or the injury inflicted on the child is a 83
serious emotional injury or a serious physical injury, in 84
which case abuse or neglect of a child is a class B felony, 85
SS#3 SB 888 87
without eligibility for probation or parole until the 86
defendant has served not less than five years of such 87
sentence; or 88
(2) A class A felony if the child dies as a result of 89
injuries sustained from conduct chargeable under the 90
provisions of this section. 91
7. Notwithstanding subsection 6 of this section to the 92
contrary, the offense of abuse or neglect of a child is a 93
class A felony, without eligibility for probation, parole, 94
or conditional release until the defendant has served not 95
less than fifteen years of such sentence, if: 96
(1) The injury is a serious emotional injury or a 97
serious physical injury; 98
(2) The child is less than fourteen years of age; and 99
(3) The injury is the result of sexual abuse or sexual 100
abuse in the first degree as defined under section 566.100 101
or sexual exploitation of a minor as defined under section 102
573.023. 103
8. The circuit or prosecuting attorney may refer a 104
person who is suspected of abuse or neglect of a child to an 105
appropriate public or private agency for treatment or 106
counseling so long as the agency has consented to taking 107
such referrals. Nothing in this subsection shall limit the 108
discretion of the circuit or prosecuting attorney to 109
prosecute a person who has been referred for treatment or 110
counseling pursuant to this subsection. 111
9. Nothing in this section shall be construed to alter 112
the requirement that every element of any crime referred to 113
herein must be proven beyond a reasonable doubt. 114
SS#3 SB 888 88
10. Discipline, including spanking administered in a 115
reasonable manner, shall not be construed to be abuse under 116
this section. 117
589.425. 1. A person commits the crime of failing to 1
register as a sex offender when the person is required to 2
register under sections 589.400 to 589.425 and fails to 3
comply with any requirement of sections 589.400 to 589.425. 4
Failing to register as a sex offender is a class E felony 5
unless the person is required to register based on having 6
committed an offense in chapter 566 which was an 7
unclassified felony, a class A or B felony, or a felony 8
involving a child under the age of fourteen, in which case 9
it is a class D felony. 10
2. A person commits the crime of failing to register 11
as a sex offender as a second offense by failing to comply 12
with any requirement of sections 589.400 to 589.425 and he 13
or she has previously pled guilty to or has previously been 14
found guilty of failing to register as a sex offender. 15
Failing to register as a sex offender as a second offense is 16
a class E felony unless the person is required to register 17
based on having committed an offense in chapter 566, or an 18
offense in any other state or foreign country, or under 19
federal, tribal, or military jurisdiction, which if 20
committed in this state would be an offense under chapter 21
566 which was an unclassified felony, a class A or B felony, 22
or a felony involving a child under the age of fourteen, in 23
which case it is a class D felony. 24
3. (1) A person commits the crime of failing to 25
register as a sex offender as a third offense by failing to 26
meet the requirements of sections 589.400 to 589.425 and he 27
or she has, on two or more occasions, previously pled guilty 28
SS#3 SB 888 89
to or has previously been found guilty of failing to 29
register as a sex offender. Failing to register as a sex 30
offender as a third offense is a class A felony, which shall 31
be punished by a term of imprisonment of not less than ten 32
years and not more than thirty years. 33
(2) No court may suspend the imposition or execution 34
of sentence of a person who pleads guilty to or is found 35
guilty of failing to register as a sex offender as a third 36
offense. No court may sentence such person to pay a fine in 37
lieu of a term of imprisonment. 38
(3) [A person sentenced under this subsection shall 39
not be eligible for conditional release or parole until he 40
or she has served at least two years of imprisonment. 41
(4)] Upon release, an offender who has committed 42
failing to register as a sex offender as a third offense 43
shall be electronically monitored as a mandatory condition 44
of supervision. Electronic monitoring may be based on a 45
global positioning system or any other technology which 46
identifies and records the offender's location at all times. 47
Section 1. In the event that any section, provision, 1
clause, phrase, or word of this act or the application 2
thereof is declared invalid under the Constitution of the 3
United States or the Constitution of the State of Missouri, 4
it is the intent of the general assembly that the remaining 5
sections of this act remain in force and effect as far as 6
they are capable of being carried into execution as intended 7
by the general assembly. The general assembly hereby 8
declares that it would have passed each section, provision, 9
clause, phrase, or word thereof, irrespective of the fact 10
that any one or more sections, provisions, clauses, phrases, 11
SS#3 SB 888 90
or words of this act or the application of this act would be 12
declared unenforceable, unconstitutional, or invalid. 13
Section B. The repeal and reenactment of sections 1
558.011, 558.019, and 558.031 of this act shall become 2
effective on January 1, 2028. 3
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