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SECOND REGULAR SESSION
SENATE BILL NO. 969
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR FITZWATER.
4959S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 566.149 and 595.209, RSMo, and to enact in lieu thereof two new sections
relating to public safety, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 566.149 and 595.209, RSMo, are 1
repealed and two new sections enacted in lieu thereof, to be 2
known as sections 566.149 and 595.209, to read as follows:3
566.149. 1. Any person who has been found guilty of: 1
(1) Violating any of the provisions of this chapter or 2
the provisions of section 568.020, incest; section 568.045, 3
endangering the welfare of a child in the first degree; 4
subsection 2 of section 568.080 as it existed prior to 5
January 1, 2017, or section 573.200, use of a child in a 6
sexual performance; section 568.090 as it existed prior to 7
January 1, 2017, or section 573.205, promoting a sexual 8
performance by a child; section 573.023, sexual exploitation 9
of a minor; section 573.037, possession of child 10
pornography; section 573.025, promoting child pornography; 11
or section 573.040, furnishing pornographic material to 12
minors; or 13
(2) Any offense in any other jurisdiction which, if 14
committed in this state, would be a violation listed in this 15
section; 16
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shall not be present in or loiter within five hundred feet 17
of any school building, on real property comprising any 18
school, or in any conveyance owned, leased, or contracted by 19
a school to transport students to or from school or a school- 20
related activity when persons under the age of eighteen are 21
present in the building, on the grounds, or in the 22
conveyance, unless the offender is a parent, legal guardian, 23
or custodian of a student present in the building and has 24
met the conditions set forth in subsection 2 of this section. 25
2. No parent, legal guardian, or custodian who has 26
been found guilty of violating any of the offenses listed in 27
subsection 1 of this section, except as provided in 28
subsection 3 of this section, shall be present in any school 29
building, on real property comprising any school, or in any 30
conveyance owned, leased, or contracted by a school to 31
transport students to or from school or a school-related 32
activity when persons under the age of eighteen are present 33
in the building, on the grounds or in the conveyance unless 34
the parent, legal guardian, or custodian has permission to 35
be present from the superintendent or school board or in the 36
case of a private school from the principal. In the case of 37
a public school, if permission is granted, the 38
superintendent or school board president must inform the 39
principal of the school where the sex offender will be 40
present. Permission may be granted by the superintendent, 41
school board, or in the case of a private school from the 42
principal for more than one event at a time, such as a 43
series of events, however, the parent, legal guardian, or 44
custodian must obtain permission for any other event he or 45
she wishes to attend for which he or she has not yet had 46
permission granted. 47
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3. No parent, legal guardian, or custodian who has 48
been required to register as a tier III offender because of 49
having been adjudicated for a tier III offense as provided 50
in section 589.414 shall be present in any school building 51
on real property comprising any school, or in any conveyance 52
owned, leased, or contracted by a school to transport 53
students to or from school or a school-related activity when 54
persons under the age of eighteen are present in the 55
building, on the grounds, or in the conveyance. 56
4. Regardless of the person's knowledge of his or her 57
proximity to school property or a school-related activity, 58
violation of the provisions of this section is a class A 59
misdemeanor. 60
595.209. 1. The following rights shall automatically 1
be afforded to victims of dangerous felonies, as defined in 2
section 556.061, victims of murder in the first degree, as 3
defined in section 565.020, victims of voluntary 4
manslaughter, as defined in section 565.023, victims of any 5
offense under chapter 566, victims of an attempt to commit 6
one of the preceding crimes, as defined in section 562.012, 7
and victims of domestic assault, as defined in sections 8
565.072 to 565.076; and, upon written request, the following 9
rights shall be afforded to victims of all other crimes and 10
witnesses of crimes: 11
(1) For victims, the right to be present at all 12
criminal justice proceedings at which the defendant has such 13
right, including juvenile proceedings where the offense 14
would have been a felony if committed by an adult, even if 15
the victim is called to testify or may be called to testify 16
as a witness in the case; 17
(2) For victims, the right to information about the 18
crime, as provided for in subdivision (5) of this subsection; 19
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(3) For victims and witnesses, to be informed, in a 20
timely manner, by the prosecutor's office of the filing of 21
charges, preliminary hearing dates, trial dates, 22
continuances and the final disposition of the case. Final 23
disposition information shall be provided within five days; 24
(4) For victims, the right to confer with and to be 25
informed by the prosecutor regarding bail hearings, guilty 26
pleas, pleas under chapter 552 or its successors, hearings, 27
sentencing and probation revocation hearings and the right 28
to be heard at such hearings, including juvenile 29
proceedings, unless in the determination of the court the 30
interests of justice require otherwise; 31
(5) For victims, the right to be informed by local law 32
enforcement agencies, the appropriate juvenile authorities 33
or the custodial authority of the following: 34
(a) The status of any case concerning a crime against 35
the victim, including juvenile offenses; 36
(b) The right to be informed by local law enforcement 37
agencies or the appropriate juvenile authorities of the 38
availability of victim compensation assistance, assistance 39
in obtaining documentation of the victim's losses, 40
including, but not limited to and subject to existing law 41
concerning protected information or closed records, access 42
to copies of complete, unaltered, unedited investigation 43
reports of motor vehicle, pedestrian, and other similar 44
accidents upon request to the appropriate law enforcement 45
agency by the victim or the victim's representative, and 46
emergency crisis intervention services available in the 47
community; 48
(c) Any release of such person on bond or for any 49
other reason; 50
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(d) Within twenty-four hours, any escape by such 51
person from a municipal detention facility, county jail, a 52
correctional facility operated by the department of 53
corrections, mental health facility, or the division of 54
youth services or any agency thereof, and any subsequent 55
recapture of such person; and 56
(e) The name of an informant who has been endorsed 57
under section 491.065 as a witness by a prosecuting or 58
circuit attorney and any benefit that has been requested by 59
or has been offered to the informant and any benefit that 60
may be provided at a future date in connection with such 61
endorsement; 62
(6) For victims, the right to be informed by 63
appropriate juvenile authorities of probation revocation 64
hearings initiated by the juvenile authority and the right 65
to be heard at such hearings or to offer a written 66
statement, video or audio tape, counsel or a representative 67
designated by the victim in lieu of a personal appearance, 68
the right to be informed by the board of probation and 69
parole of probation revocation hearings initiated by the 70
board and of parole hearings, the right to be present at 71
each and every phase of parole hearings, the right to be 72
heard at probation revocation and parole hearings or to 73
offer a written statement, video or audio tape, counsel or a 74
representative designated by the victim in lieu of a 75
personal appearance, and the right to have, upon written 76
request of the victim, a partition set up in the probation 77
or parole hearing room in such a way that the victim is 78
shielded from the view of the probationer or parolee, and 79
the right to be informed by the custodial mental health 80
facility or agency thereof of any hearings for the release 81
of a person committed pursuant to the provisions of chapter 82
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552, the right to be present at such hearings, the right to 83
be heard at such hearings or to offer a written statement, 84
video or audio tape, counsel or a representative designated 85
by the victim in lieu of personal appearance; 86
(7) For victims and witnesses, upon their written 87
request, the right to be informed by the appropriate 88
custodial authority, including any municipal detention 89
facility, juvenile detention facility, county jail, 90
correctional facility operated by the department of 91
corrections, mental health facility, division of youth 92
services or agency thereof if the offense would have been a 93
felony if committed by an adult, postconviction or 94
commitment pursuant to the provisions of chapter 552 of the 95
following: 96
(a) The projected date of such person's release from 97
confinement; 98
(b) Any release of such person on bond; 99
(c) Any release of such person on furlough, work 100
release, trial release, electronic monitoring program, or to 101
a community correctional facility or program or release for 102
any other reason, in advance of such release; 103
(d) Any scheduled parole or release hearings, 104
including hearings under section 217.362, regarding such 105
person and any changes in the scheduling of such hearings. 106
No such hearing shall be conducted without thirty days' 107
advance notice; 108
(e) Within twenty-four hours, any escape by such 109
person from a municipal detention facility, county jail, a 110
correctional facility operated by the department of 111
corrections, mental health facility, or the division of 112
youth services or any agency thereof, and any subsequent 113
recapture of such person; 114
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(f) Any decision by a parole board, by a juvenile 115
releasing authority or by a circuit court presiding over 116
releases pursuant to the provisions of chapter 552, or by a 117
circuit court presiding over releases under section 217.362, 118
to release such person or any decision by the governor to 119
commute the sentence of such person or pardon such person; 120
and 121
(g) Notification within thirty days of the death of 122
such person; 123
(8) For witnesses who have been summoned by the 124
prosecuting attorney and for victims, to be notified by the 125
prosecuting attorney in a timely manner when a court 126
proceeding will not go on as scheduled; 127
(9) For victims and witnesses, the right to reasonable 128
protection from the defendant or any person acting on behalf 129
of the defendant from harm and threats of harm arising out 130
of their cooperation with law enforcement and prosecution 131
efforts; 132
(10) For victims and witnesses, on charged cases or 133
submitted cases where no charge decision has yet been made, 134
to be informed by the prosecuting attorney of the status of 135
the case and of the availability of victim compensation 136
assistance and of financial assistance and emergency and 137
crisis intervention services available within the community 138
and information relative to applying for such assistance or 139
services, and of any final decision by the prosecuting 140
attorney not to file charges; 141
(11) For victims, to be informed by the prosecuting 142
attorney of the right to restitution which shall be 143
enforceable in the same manner as any other cause of action 144
as otherwise provided by law; 145
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(12) For victims and witnesses, to be informed by the 146
court and the prosecuting attorney of procedures to be 147
followed in order to apply for and receive any witness fee 148
to which they are entitled; 149
(13) When a victim's property is no longer needed for 150
evidentiary reasons or needs to be retained pending an 151
appeal, the prosecuting attorney or any law enforcement 152
agency having possession of the property shall, upon request 153
of the victim, return such property to the victim within 154
five working days unless the property is contraband or 155
subject to forfeiture proceedings, or provide written 156
explanation of the reason why such property shall not be 157
returned; 158
(14) An employer may not discharge or discipline any 159
witness, victim or member of a victim's immediate family for 160
honoring a subpoena to testify in a criminal proceeding, 161
attending a criminal proceeding, or for participating in the 162
preparation of a criminal proceeding, or require any 163
witness, victim, or member of a victim's immediate family to 164
use vacation time, personal time, or sick leave for honoring 165
a subpoena to testify in a criminal proceeding, attending a 166
criminal proceeding, or participating in the preparation of 167
a criminal proceeding. A public school district, public 168
school, or charter school shall not discipline a child for 169
failure to comply with the district's or school's attendance 170
policy, and the parent or legal guardian shall not be deemed 171
to be in violation of the provisions of section 167.061, and 172
the district or school shall not otherwise discipline a 173
child, based on such child's honoring a subpoena to testify 174
in a criminal proceeding, attending a criminal proceeding, 175
or for participating in the preparation of a criminal 176
proceeding; 177
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(15) For victims, to be provided with creditor 178
intercession services by the prosecuting attorney if the 179
victim is unable, as a result of the crime, temporarily to 180
meet financial obligations; 181
(16) For victims and witnesses, the right to speedy 182
disposition of their cases, and for victims, the right to 183
speedy appellate review of their cases, provided that 184
nothing in this subdivision shall prevent the defendant from 185
having sufficient time to prepare such defendant's defense. 186
The attorney general shall provide victims, upon their 187
written request, case status information throughout the 188
appellate process of their cases. The provisions of this 189
subdivision shall apply only to proceedings involving the 190
particular case to which the person is a victim or witness; 191
(17) For victims and witnesses, to be provided by the 192
court, a secure waiting area during court proceedings and to 193
receive notification of the date, time and location of any 194
hearing conducted by the court for reconsideration of any 195
sentence imposed, modification of such sentence or recall 196
and release of any defendant from incarceration; and 197
(18) For victims, the right to receive upon request 198
from the department of corrections a photograph taken of the 199
defendant prior to release from incarceration; 200
(19) For victims under the age of nineteen, the right 201
to appear by video during a deposition or discovery and the 202
right to appear by video during any hearing in lieu of 203
personal appearance. 204
2. The provisions of subsection 1 of this section 205
shall not be construed to imply any victim who is 206
incarcerated by the department of corrections or any local 207
law enforcement agency has a right to be released to attend 208
any hearing or that the department of corrections or the 209
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local law enforcement agency has any duty to transport such 210
incarcerated victim to any hearing. 211
3. Those persons entitled to notice of events pursuant 212
to the provisions of subsection 1 of this section shall 213
provide the appropriate person or agency with their current 214
addresses, electronic mail addresses, and telephone numbers 215
or the addresses, electronic mail addresses, or telephone 216
numbers at which they wish notification to be given. 217
4. Notification by the appropriate person or agency 218
utilizing the statewide automated crime victim notification 219
system as established in section 650.310 shall constitute 220
compliance with the victim notification requirement of this 221
section. If notification utilizing the statewide automated 222
crime victim notification system cannot be used, then 223
written notification shall be sent by certified mail or 224
electronic mail to the most current address or electronic 225
mail address provided by the victim. 226
5. Victims' rights as established in Section 32 of 227
Article I of the Missouri Constitution or the laws of this 228
state pertaining to the rights of victims of crime shall be 229
granted and enforced regardless of the desires of a 230
defendant and no privileges of confidentiality shall exist 231
in favor of the defendant to exclude victims or prevent 232
their full participation in each and every phase of parole 233
hearings or probation revocation hearings. The rights of 234
the victims granted in this section are absolute and the 235
policy of this state is that the victim's rights are 236
paramount to the defendant's rights. The victim has an 237
absolute right to be present at any hearing in which the 238
defendant is present before a probation and parole hearing 239
officer. 240
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