Missouri HB 142: Requires certain sexual offenders to be electronically monitored while relocating to a different county or city not within a county

Bill Text

FIRST REGULAR SESSION
HOUSE BILL NO. 142
101ST GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE PIETZMAN.
0840H.01I DANA RADEMAN MILLER, Chief Clerk
AN ACT
To repeal sections 217.735 and 589.414, RSMo, and to enact in lieu thereof two new sections
relating to electronic monitoring of certain sexual offenders while relocating.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 217.735 and 589.414, RSMo, are repealed and two new sections
2 enacted in lieu thereof, to be known as sections 217.735 and 589.414, to read as follows:
217.735. 1. Notwithstanding any other provision of law to the contrary, the division of
2 probation and parole shall supervise an offender for the duration of his or her natural life when
3 the offender has been found guilty of an offense under:
4 (1) Section 566.030, 566.032, 566.060, 566.062, 566.067, 566.083, 566.100, 566.151,
5 566.210, 566.212, 566.213, 568.020, 568.080, or 568.090 based on an act committed on or after
6 August 28, 2006; or
7 (2) Section 566.068, 566.069, [566.210,] 566.211, 573.200, or 573.205 based on an act
8 committed on or after January 1, 2017, against a victim who was less than fourteen years old and
9 the offender is a prior sex offender as defined in subsection 2 of this section.
10 2. For the purpose of this section, a prior sex offender is a person who has previously
11 pleaded guilty to or been found guilty of an offense contained in chapter 566 or violating section
12 568.020 when the person had sexual intercourse or deviate sexual intercourse with the victim,
13 or violating subdivision (2) of subsection 1 of section 568.045.
14 3. Subsection 1 of this section applies to offenders who have been granted probation, and
15 to offenders who have been released on parole, conditional release, or upon serving their full
16 sentence without early release. Supervision of an offender who was released after serving his
17 or her full sentence will be considered as supervision on parole.
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended
to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

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18 4. A mandatory condition of lifetime supervision of an offender under this section is that
19 the offender be electronically monitored. Electronic monitoring shall be based on a global
20 positioning system or other technology that identifies and records the offender's location at all
21 times.
22 5. [In appropriate cases as determined by a risk assessment, the board may terminate the
23 supervision of an offender who is being supervised under this section when the offender is sixty-
24 five years of age or older.
25 6.] In accordance with section 217.040, the board may adopt rules relating to supervision
26 and electronic monitoring of offenders under this section.
589.414. 1. Any person required by sections 589.400 to 589.425 to register shall, within
2 three business days, appear in person to the chief law enforcement officer of the county or city
3 not within a county if there is a change to any of the following information:
4 (1) Name;
5 (2) Residence;
6 (3) Employment, including status as a volunteer or intern;
7 (4) Student status; or
8 (5) A termination to any of the items listed in this subsection.
9 2. Any person required to register under sections 589.400 to 589.425 shall, within three
10 business days, notify the chief law enforcement official of the county or city not within a county
11 of any changes to the following information:
12 (1) Vehicle information;
13 (2) Temporary lodging information;
14 (3) Temporary residence information;
15 (4) Email addresses, instant messaging addresses, and any other designations used in
16 internet communications, postings, or telephone communications; or
17 (5) Telephone or other cellular number, including any new forms of electronic
18 communication.
19 3. The chief law enforcement official in the county or city not within a county shall
20 [immediately] forward the registration changes described under subsections 1 and 2 of this
21 section to the Missouri state highway patrol within three business days.
22 4. (1) If any person required by sections 589.400 to 589.425 to register changes such
23 person's residence or address to a different county or city not within a county, the person shall
24 appear in person and shall inform both the chief law enforcement official with whom the person
25 last registered and the chief law enforcement official of the county or city not within a county
26 having jurisdiction over the new residence or address in writing within three business days of
27 such new address and phone number, if the phone number is also changed. If any person

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28 required by sections 589.400 to 589.425 to register changes such person's residence or
29 address to a different county or city not within a county and such person was convicted of
30 child molestatio