Modifies provisions relating to the sex offender registry

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]
HOUSE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 982
103RD GENERAL ASSEMBLY
2026
5756H.06T
AN ACT
To repeal sections 43.500, 43.503, 43.506, 43.509, 43.527, 43.530, 43.533, 43.650, 43.651,
527.270, 589.400, 589.401, 589.402, 589.403, 589.404, 589.405, 589.407, 589.410,
589.414, 589.415, 589.417, 632.489, 632.492, 632.495, 632.504, and 632.520, RSMo,
section 589.400 as enacted by house bill nos. 2273, 1946, 1814 & 2551, one hundred
third general assembly, second regular session, and section 589.414 as enacted by house
bill nos. 2273, 1946, 1814 & 2551, one hundred third general assembly, second regular
session, and to enact in lieu thereof twenty-five new sections relating to sexual offenses,
with penalty provisions.

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third general assembly, second regular session are repealed and 9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