SB 982 — Modifies provisions relating to the sex offender registry

promoting prostitution in SB 982 14 the third degree;

use of a child in a sexual HCS SB 982 15 performance;

OffendersJuveniles registering under this subdivision shall be assigned a tier under the provisions of section 589.414 and eligible for removal when meeting all other qualifications SB 982 15 in sections 589.400 to 589.425.

[(7)] (6) Any person who is a resident of this state who has, since July 1, 1979, been or is hereafter adjudicated in any other state, territory, the District of HCS SB 982 16 Columbia, or foreign country, or under federal, tribal, or military jurisdiction for an offense which, if committed in this state, would constitute an offense [listed under section 589.414] that would classify the person as a tier I offender, tier II offender, or tier III offender, or has been or is required to register in another state, territory, the District of Columbia, or foreign country, or has been or is required to register under tribal, federal, or military law.

OffendersPersons registering under this subdivision shall be assigned a tier under the provisions of section 589.414 and eligible for removal when meeting all other qualifications in sections 589.400 to 589.425.

or [(8)] (7) Any person who has been or is required to register in another state, territory, the District of Columbia, or foreign country, or has been or is required to register under tribal, federal, or military law and who works or attends an educational institution, whether public or private in nature, including any secondary school, trade school, professional school, or institution of higher education on a full-time or on a part-time basis or has a SB 982 16 temporary residence in Missouri.

["Part-time" in this subdivision means for more than seven days in any twelve- month period.] OffendersPersons registering under this subdivision shall be assigned a tier under the provisions of section 589.414 and eligible for removal when meeting all other qualifications in sections 589.400 to 589.425.

The tier assignment under section 589.414 shall be only for the purposes of registration visit frequency and removal HCS SB 982 17 eligibility and shall not otherwise affect the analysis of whether registration is required under this section.

[For any juvenile under subdivision (6) of subsection 1 of this section, within three business days of adjudication or release from commitment to the division of youth services, the department of mental health, or other placement, such juvenile shall register with the chief law enforcement official of the county or city not within a county in which he or she resides unless he or she has already registered in such county or city not within a county for the same offense.] Any person or juvenile to whom sections 589.400 to 589.425 apply if not currently registered in their county of residence shall register with the [chief law enforcement] registration official [of such county or city not within a SB 982 17 county] within three business days.

HCS SB 982 18 3.

and SB 982 18 (d) Successfully completing an appropriate sex offender treatment program certified by a jurisdiction or the attorney general, regardless of whether such program was court ordered or voluntary.

If records of program completion are unavailable,unavailable and completion of such program was required as a term of probation, then an order discharging theHCS sexSB 982 19 the offender from probation or other record acknowledging satisfactory completion of probation shall constitute prima facie evidence that the sex offender successfully completed the necessary sex offender treatment program,program unless rebutted by evidence to the contrary.

For processing any change in registration required pursuant to section 589.414, the [chief law SB 982 19 enforcement] registration official [of the county or city not within a county] may charge the [person]person offender changing their registration a fee of five dollars for each change made after the initial registration.

Any person currently on the sexual offender registry or who otherwise would be required to register for HCS SB 982 20 being adjudicated for the offense of felonious restraint of a nonsexual nature when the victim was a child and he or she was the parent or guardian of the child, nonsexual child abuse that was committed under section 568.060, or kidnapping of a nonsexual nature when the victim was a child and he or she was the parent or guardian of the child shall be removed from the registry.

or (b) Sexual conduct where no force or threat of force was directed toward the victim, the victim was at least SB 982 20 fourteen years of age, and the offender was not more than four years older than the victim at the time of the offense;

HCS SB 982 21 (a) Promoting obscenity in the first degree under section 573.020;

Any sexperson offender with a primary residence outside this state who has a temporary residence in this state andin SBwhich 982he 21or whoshe resides for more than a part-time period shall register in accordance with thisthe sectionregistration forofficial in the durationjurisdiction of suchthe person's temporary residencyresidence within theaccordance registrationwith officialthis insection for the jurisdictionduration of thesuch person's temporary residence.residency.

HCS SB 982 22 [11.] 8.

Any [nonresident worker] sexperson offender who is not a resident of this state and not currently registered due to temporary residence under subsection 7 of this section and who works, including work as a volunteer or intern, or is a nonresident student shall register for the duration of such person's employment, including participation as a volunteer or intern, or attendance at any school of higher educationeducation, whether public or private, including any secondary school, trade school, professional school, or institution of higher education on a full-time or part-time basis [in this state unless granted relief under section 589.401.

Any registered offender from another state who has a temporary residence in this state and resides more than seven days in a twelve-monthtwelve- month period shall register for the duration of such person's temporary residency unless granted relief under section 589.401], as long as the status requiring registration remains active.

If more than one county or city not within a county meets the requirement, priority shouldshall be firstin to the countyfollowing oforder: work, second to the county of school, and last to the county of volunteering or any other required status, with registration being required at only the highest SB 982 22 priority county or city not within a county where the registerable status remains.

589.401.(1) The county of work;

(2) The county of school;

and (3) The county of volunteering or any other required status, HCS SB 982 23 with registration being required at only the highest priority county or city not within a county where the registerable status remains.

[589.400.

Sections 589.400 to 589.425 shall apply to:

(1) Any person who, since July 1, 1979, has been or is hereafter adjudicated for an offense referenced in section 589.414, unless such person is exempt from registering under subsection 9 or 10 of this section or section 589.401;

(2) Any person who, since July 1, 1979, has been or is hereafter convicted of, been found guilty of, or pled guilty or nolo contendere to committing, attempting to commit, or conspiring to commit one or more of the following offenses:

kidnapping or kidnapping in the first degree when the victim was a child and the defendant was not a parent or guardian of the child;

abuse of a child under section 568.060 when such abuse is sexual in nature;

felonious restraint or kidnapping in the second degree when the victim was a child and the defendant is not a parent or guardian of the child;

sexual contact or sexual intercourse with a resident of a nursing home or sexual conduct with a nursing facility resident or vulnerable person in the first or second degree;

endangering the welfare of a child under section 568.045 when the endangerment is sexual in nature;

genital mutilation of a female child, under section 568.065;

promoting prostitution in the first degree;

promoting prostitution in the second degree;

promoting prostitution in the third degree;

sexual exploitation of a minor;

promoting child pornography in the first degree as it existed prior to August 28, 2026;

promoting child sexual abuse material in the first degree;

promoting child pornography in the second degree as it existed prior to August 28, 2026;

promoting child sexual abuse material in the second degree;

possession of child HCS SB 982 24 pornography as it existed prior to August 28, 2026;

possession of child sexual abuse material;

furnishing pornographic material to minors;

public display of explicit sexual material;

coercing acceptance of obscene material;

promoting obscenity in the first degree;

promoting pornography for minors or obscenity in the second degree;

incest;

use of a child in a sexual performance;

or promoting sexual performance by a child;

patronizing prostitution if the individual the person patronizes is less than eighteen years of age;

grooming of a minor;

nonconsensual dissemination of private sexual images;

or threatening the nonconsensual dissemination of private sexual images;

(3) Any person who, since July 1, 1979, has been committed to the department of mental health as a criminal sexual psychopath;

(4) Any person who, since July 1, 1979, has been found not guilty as a result of mental disease or defect of any offense referenced in section 589.414;

(5) Any juvenile certified as an adult and transferred to a court of general jurisdiction who has been adjudicated for an offense listed under section 589.414;

(6) Any juvenile fourteen years of age or older at the time of the offense who has been adjudicated for an offense which is equal to or more severe than aggravated sexual abuse under 18 U.S.C.

Section 2241, which shall include any attempt or conspiracy to commit such offense;

(7) Any person who is a resident of this state who has, since July 1, 1979, been or is hereafter adjudicated in any other state, territory, the District of Columbia, or foreign country, or under federal, tribal, or military jurisdiction for an offense which, if committed in this state, would constitute an offense listed under section 589.414, or has been or is required to register in another state, territory, the District of Columbia, or foreign country, or has been or is required to register under tribal, federal, or military law;

or HCS SB 982 25 (8) Any person who has been or is required to register in another state, territory, the District of Columbia, or foreign country, or has been or is required to register under tribal, federal, or military law and who works or attends an educational institution, whether public or private in nature, including any secondary school, trade school, professional school, or institution of higher education on a full-time or on a part-time basis or has a temporary residence in Missouri.

"Part-time" in this subdivision means for more than seven days in any twelve-month period.

2.

Any person to whom sections 589.400 to 589.425 apply shall, within three business days of adjudication, release from incarceration, or placement upon probation, register with the chief law enforcement official of the county or city not within a county in which such person resides unless such person has already registered in that county for the same offense.

For any juvenile under subdivision (6) of subsection 1 of this section, within three business days of adjudication or release from commitment to the division of youth services, the department of mental health, or other placement, such juvenile shall register with the chief law enforcement official of the county or city not within a county in which he or she resides unless he or she has already registered in such county or city not within a county for the same offense.

Any person to whom sections 589.400 to 589.425 apply if not currently registered in their county of residence shall register with the chief law enforcement official of such county or city not within a county within three business days.

The chief law enforcement official shall forward a copy of the registration form required by section 589.407 to a city, town, village, or campus law enforcement agency located within the county of the chief law enforcement official.

3.

The registration requirements of sections 589.400 through 589.425 shall be as HCS SB 982 26 provided under subsection 4 of this section unless:

(1) All offenses requiring registration are reversed, vacated, or set aside;

(2) The registrant is no longer required to register and his or her name shall be removed from the registry under the provisions of section 589.414;

or (3) The court orders the removal or exemption of such person from the registry under section 589.401.

4.

The registration requirements shall be as follows:

(1) Fifteen years if the offender is a tier I sex offender as provided under section 589.414;

(2) Twenty-five years if the offender is a tier II sex offender as provided under section 589.414;

or (3) The life of the offender if the offender is a tier III sex offender.

5.

(1) The registration period shall be reduced as described in subdivision (3) of this subsection for a sex offender who maintains a clean record for the periods described under subdivision (2) of this subsection by:

(a) Not being adjudicated of any offense for which imprisonment for more than one year may be imposed;

(b) Not being adjudicated of any sex offense;

(c) Successfully completing any periods of supervised release, probation, or parole;

and (d) Successfully completing an appropriate sex offender treatment program certified by the attorney general.

(2) In the case of a:

(a) Tier I sex offender, the period during which the clean record shall be maintained is ten years;

(b) Tier III sex offender adjudicated delinquent for the offense which required registration in a sex offender registry under sections 589.400 to 589.425, the period during HCS SB 982 27 which the clean record shall be maintained is twenty-five years.

(3) In the case of a:

(a) Tier I sex offender, the reduction is five years;

(b) Tier III sex offender adjudicated delinquent, the reduction is from life to that period for which the clean record under paragraph (b) of subdivision (2) of this subsection is maintained.

6.

For processing an initial sex offender registration the chief law enforcement officer of the county or city not within a county may charge the offender registering a fee of up to ten dollars.

7.

For processing any change in registration required pursuant to section 589.414 the chief law enforcement official of the county or city not within a county may charge the person changing their registration a fee of five dollars for each change made after the initial registration.

8.

Any person currently on the sexual offender registry or who otherwise would be required to register for being adjudicated for the offense of felonious restraint of a nonsexual nature when the victim was a child and he or she was the parent or guardian of the child, nonsexual child abuse that was committed under section 568.060, or kidnapping of a nonsexual nature when the victim was a child and he or she was the parent or guardian of the child shall be removed from the registry.

However, such person shall remain on the sexual offender registry for any other offense for which he or she is required to register under sections 589.400 to 589.425.

9.

The following persons shall be exempt from registering as a sexual offender upon petition to the court of jurisdiction under section 589.401;

except that, such person shall remain on the sexual offender registry for any other offense for which he or she is required to register under sections 589.400 to 589.425:

HCS SB 982 28 (1) Any person currently on the sexual offender registry or who otherwise would be required to register for a sexual offense involving:

(a) Sexual conduct where no force or threat of force was directed toward the victim or any other individual involved, if the victim was an adult, unless the adult was under the custodial authority of the offender at the time of the offense;

or (b) Sexual conduct where no force or threat of force was directed toward the victim, the victim was at least fourteen years of age, and the offender was not more than four years older than the victim at the time of the offense;

or (2) Any person currently required to register for the following sexual offenses:

(a) Promoting obscenity in the first degree under section 573.020;

(b) Promoting obscenity in the second degree under section 573.030;

(c) Furnishing pornographic materials to minors under section 573.040;

(d) Public display of explicit sexual material under section 573.060;

(e) Coercing acceptance of obscene material under section 573.065;

(f) Trafficking for the purpose of slavery, involuntary servitude, peonage, or forced labor under section 566.206;

(g) Abusing an individual through forced labor under section 566.203;

(h) Contributing to human trafficking through the misuse of documentation under section 566.215;

or (i) Acting as an international marriage broker and failing to provide the information and notice as required under section 578.475.

10.

Any person currently on the sexual offender registry for having been adjudicated for a tier I or II offense or adjudicated delinquent for a tier III offense or other HCS SB 982 29 comparable offenses listed under section 589.414 may file a petition under section 589.401.

11.

Any nonresident worker, including work as a volunteer or intern, or nonresident student shall register for the duration of such person's employment, including participation as a volunteer or intern, or attendance at any school of higher education whether public or private, including any secondary school, trade school, professional school, or institution of higher education on a full-time or part-time basis in this state unless granted relief under section 589.401.

Any registered offender shall provide information regarding any place in which the offender is staying when away from his or her residence for seven or more days, including the period of time the offender is staying in such place.

Any registered offender from another state who has a temporary residence in this state and resides more than seven days in a twelve-month period shall register for the duration of such person's temporary residency unless granted relief under section 589.401.] 589.401.

1.

(1) A person who is required to register in this state because of an offense that was adjudicated in another jurisdiction shall file his or her petition or complaint for removal, termination, or relief from registration, or the declaratory judgment providing for removal, termination, or relief from registration according to the laws of the state, federal, territory, tribal, or military jurisdiction, the District of Columbia, or foreign country in which his or her offense was adjudicated.

Upon [the grant of the petition for removal in HCS SB 982 30 the] entry of a judgment by a court of competent jurisdiction [where the offense was adjudicated] providing that the person is no longer required to register as a sex offender under the laws of the adjudicating jurisdiction, such judgment may be registered in this state by sending the information required under subsection 5 of this section as well as one authenticated copy of the order granting removal from the sexual offender registry in the jurisdiction where the offense was adjudicated to the court in the county or city not within a county in which the offender is required to register.

The petitioner shall be responsible for costs SB 982 23 associated with filing the petition.

Nothing in this subsectionsubdivision shall be construed to remove any requirements for a petition under this section or to remove the requirement anthat offendera person prove theyhe areor she is entitled to removal under Missouri law, when applicable.

(2) A person required to register as aan sex offender in this state based solely on an offense adjudicated in another jurisdiction may file a petition for removal from this state’sstate's sexual offender registry, provided that:

(a) The offense did not require the person to register as aan sex offender in the adjudicating jurisdiction at the time the offense was adjudicated;

(3) A petition filed under subdivision (2) of this subsection shall otherwise satisfy the requirements HCS SB 982 31 applicable to a petition filed under subdivision (1) of this subsection.

SB 982 24 5.

HCS SB 982 32 (5) The case number and court, including the county or city not within a county, that entered the original order for the adjudicated sex offense;

SB 982 25 7.

The Missouri state highway patrolpatrol, and the prosecuting attorney in the circuit court in which the petition is filedfiled, and the petitioner shall have access to all HCS SB 982 33 applicable records concerning the petitioner including, but not limited to, criminal history records, mental health records, juvenile records, and records of the department of corrections or probation and parole.

(1) Has not been adjudicated or does not have charges pending for any additional nonsexual offense for which imprisonment for more than one year may be imposed since the SB 982 26 date the offender was required to register for his or her current tier level;

(3) Has successfully completed any required periods of supervised release, probation, or parole without revocation since the date the offender was required to register for his or her current tier level, oror, in the case of lifetime supervision or probation, provided such term has been reduced or terminated by a court of competent jurisdiction;

(4) Has successfully completed an appropriate sex offender treatment program as approved by a court of HCS SB 982 34 competent jurisdiction or the Missouri department of corrections;

SB 982 27 (1) Fifteen years have passed from the date of the adjudication resulting in the denial of relief if the petitioner is classified as a tier I offender;

or HCS SB 982 35 (2) If the pending charges result in an adjudication, the necessary time period has elapsed under subsection 13 of this section.

In addition to the requirements ofunder subsection 5 of this section, the new petition shall include the case number and SB 982 28 court of the prior petition and identify the applicable change in the statute or law.

HCS SB 982 36 19.

(4) AnA offenderperson shall be ordered exempt from registration if the offenderperson meets the requirements of this section and the offense requiring registration is:

(a) Sexual conduct where no force or threat of force was directed toward the victim, the victim was at least fourteen years of age, and the offenderperson was not more than SB 982 29 four years older than the victim at the time of the offense, unless the victim was under the custodial authority of the offender at the time of the offense;

(b) Sexual conduct where no force or threat of force was directed toward the victim or any other individual involved,involved if the victim or other individual was eighteen years of age or older, unless the victim was under the custodial authority of the offender at the time of the offense;

or HCS SB 982 37 (g) Coercing acceptance of obscene material under section 573.065.

(5) The offenderperson shall have the burden of proving the offenderperson meets the requirements for exemption.

In determining whether anthe offenderperson meets the requirements, a court may look beyond the offense of conviction and consider the underlying facts and conduct of the offense when evaluating noncategorical exemptions.

(7) Nothing in this subsection shall prohibit a person from remaining or being placed on the sexual offender SB 982 30 registry for any other nonexempt offense for which the offenderperson is required to register under sections 589.400 to 589.425.

Nothing in this subdivision shall alter or be construed to give any court authority to alter ongoing requirements for persons whose initial registration requirement begins prior to the filing of a petition for exemption,exemption until a final order of exemption is entered.

HCS SB 982 38 20.

The provisions of subsections 3 and 4 of this section shall not apply to persons filing for removal whereif the offense requiring registration is reversed, vacated, or set aside.

This section shall be the sole remedy for removal or exemption for offenderspersons adjudicated of a registerable offense.

No declaratory action shall be filed for relief from registration requirements, except whereif registration, or threat thereof, is the result of an offense never requiring registration.

Nothing in this subsection shall be construed to prohibit the filing of a declaratory action SB 982 31 solely on the issue of what tier an offender should be classified under.

22.

Notwithstanding any other provision of law, no person convicted of an offense that requires him or her to register under sections 589.400 to 589.425 shall change his or her legal name for the period of time he or she is required to register.

To the extent the person has a prior legal name that was utilized on or after the date of conviction for any offense requiring registration, such name shall be reported under this section as an alias.

Any person who is required to register under sections 589.400 to 589.425 and who is paroled, discharged, or otherwise released from any correctional facility of the department of corrections, any mental health institution, private jail under section 221.095, or other private facility recognized by or contracted with the HCS SB 982 39 department of corrections or department of mental health where such person was confined shall:

If such person is required to register pursuant to sections 589.400 to 589.425, the official in charge of the correctional facility, private jail, or the mental health institution shall complete the initial registration notification at least seven days prior to release and [forward] report the offender's initial registrationregistration[,] notification in accordance with subsection 1 of section 589.410,589.410 within three business days of release,release[,] to the Missouri state highway patrol and the [chief law enforcement] registration official of the county or city not within a county where the person expects to reside upon discharge, parole, or release;

If such person is required to register under sections 589.400 to 589.425, the official in SB 982 32 charge of the correctional facility, private jail, or the[the] mental health institution shall complete the initial registration notification at least seven days prior to release and [forward] report the offender's initial registrationregistration[,] notification in accordance with subsection 1 of section 589.410,589.410 within three business days of release,release[,] to the Missouri state highway patrol and the [chief law enforcement] registration official [within] of the county or HCS SB 982 40 city not within a county where the correctional facility, private jail, or mental health institution is located.

SB 982 33 (2) "Adjudicated delinquent", a person found to have committed an offense that, if committed by an adult, would be a criminal offense;

(4) "Electronic mail", the transmission of information or communication by the use of the internet, a computer, a facsimile machine, a pager, a cellular telephone or other HCS SB 982 41 wireless communication device, a video recorder, or other electronic means sent to a person identified by a unique address or address number and received by that person;

(5) "Entity", a business or organization that provides internet service, electronic communications service, remote computing service, online service, electronic mail service, or electronic instant message or chat services regardless of whether the business or organization is within or outside this state;

electronic mail address, instant message screen SB 982 34 name, user ID, cell phone number or wireless communication device number or identifier, chat or other internet communication name, social media profiles, IP addresses, or other identity information specified on the registration form by the Missouri state highway patrol;

HCS SB 982 42 (10) "Probation officer", includes any agent of a private entity assigned to provide probation supervision services to an offender due to the offender's status as a sexual offender who is required to register pursuant to sections 589.400 to 589.425;

(11) "Registration official", the chief law enforcement official for the county or city not within a county in which the sex offender is required to register;

(12) "Residence", [any place where an offender sleeps for seven or more consecutive or nonconsecutive days or nights within a twelve-month period] the domicile of the sex offender;

The sex offender registry is a distinct system from the website maintained by the Missouri state highway patrol, which displays a distinct set of information contained within the SB 982 35 sex offender registry publicly on the web in accordance with this section;

(15) "Sex offense", any offense which[which] that is listed [under section 589.414 or comparable to those listed under section 589.414 or otherwise] as a tier I offense, tier II offense, or tier III offense, whichthat is comparable to offenses listed as a tier I offense, tier II offense, or tier III HCS SB 982 43 offense, or whichthat is otherwise comparable to offenses covered under the Sex Offender Registration and Notification Act, Title I of the Adam Walsh Child Protection and Safety Act of 2006, P.L.

SB 982 36 [(12)] (20) "Signature", the name of the offender signed in writing or electronic form approved by the Missouri state highway patrol;

HCS SB 982 44 [(14)] (22) "Temporary residence", any place where ana offenderperson sleeps for seven or more consecutive or nonconsecutive days or nights within a twelve-month period, other than the offender'sperson's domicile;

(23) "Tier I offender",offender": (a) An individual who has been adjudicated for a tier I offense;

or(a) (b)An Anyindividual offender who is or has been adjudicated infor any other state, territory, the District of Columbia, or foreign country, or under federal, tribal, or military jurisdiction of an offense comparable to a tier I offenseoffense; or that meets the definition of a tier I offense under the Sex Offender Registration and Notification Act, Title I of the Adam Walsh Child Protection and Safety Act of 2006, P.L.

or (b) Any offender who is or has been adjudicated in any other state, territory, the District of Columbia, or foreign country, or under federal, tribal, or military jurisdiction for an offense comparable to a tier I offense or that meets the definition of a tier I offense under the Sex Offender Registration and Notification Act, Title I of the Adam Walsh Child Protection and Safety Act of 2006, P.L.

(24) "Tier II offender",offender": (a) An individual who has been adjudicated for a tier II offense;

or(a) (b)An Anyindividual offender who ishas adjudicated of an offense comparable to a tier I offense or failure to register offense under section 589.425 or comparable out-of-state failure to register offense and who is already required to register as a tier I offender due to having been adjudicated offor a tier III offenseoffense; on a previous occasion;

or SB(b) 982 37 (c) Any offender who is or has been adjudicated infor anyan otheroffense state,comparable territory,to thea Districttier ofI Columbia,offense or foreignfailure country,to orregister offense under federal,section tribal,589.425 or militarycomparable jurisdictionout-of-state forfailure anto register offense ofand awho sexualis naturealready orrequired withto aregister sexualas element that is comparable to a tier III offenseoffender ordue thatto meetshaving thebeen definitionadjudicated of a tier III offense underon thea Sexprevious Offenderoccasion; Registration and Notification Act, Title I of the Adam Walsh Child Protection and Safety Act of 2006, P.L.

or (c) Any offender who is or has been adjudicated in any other state, territory, the District of Columbia, or foreign country, or under federal, tribal, or military jurisdiction for an offense of a sexual nature or with a sexual element that is comparable to a tier II offense or that meets the definition of a tier II offense under the Sex Offender Registration and Notification Act, Title I of the Adam Walsh HCS SB 982 45 Child Protection and Safety Act of 2006, P.L.

(25) "Tier III offender",offender": (a) An individual who has been adjudicated for a tier III offense;

or(a) (b)An Anyindividual offenderwho registeredhas asbeen aadjudicated predatoryfor sexual offender or a persistenttier sexualIII offender,offense; as the terms "predatory sexual offender" and "persistent sexual offender" are defined in section 566.125;

(c)(b) Any offender whoregistered is adjudicated for a crime comparable to a tier I offense or tier II offense or failure to register offense under section 589.425, or other comparable out-of-state failure to register offense, who has been or is already required to register as a tierpredatory IIsexual offender becauseor of having been adjudicated for a tierpersistent IIsexual offense,offender, twoas tierthe Iterms offenses,"predatory orsexual combinationoffender" of a tier I offense and a"persistent failuresexual tooffender" registerare offense,defined onin asection previous566.125; occasion;

(d)(c) Any offender who is adjudicated infor anyan otheroffense state,comparable territory,to thea Districttier ofI Columbia,offense or foreigntier country,II offense or underfailure federal,to tribal,register oroffense militaryunder jurisdictionsection for589.425, anor offenseother ofcomparable aout-of-state sexualfailure natureto orregister withoffense, awho sexualhas elementbeen thator is comparablealready required to register as a tier IIIII offenseoffender orbecause thatof meetshaving thebeen definitionadjudicated offor a tier IIIII offenseoffense, undertwo thetier SexI Offenderoffenses, Registrationor anda Notificationcombination Act, Title I of thea Adamtier WalshI SBoffense 982and 38a Childfailure Protectionto andregister Safetyoffense, Acton ofa 2006,previous P.L.occasion;

(d) Any offender who is adjudicated in any other state, territory, the District of Columbia, or foreign country, or under federal, tribal, or military jurisdiction for an offense of a sexual nature or with a sexual element that is comparable to a tier III offense or that meets the definition of a tier III offense under the Sex Offender Registration and Notification Act, Title I of the Adam Walsh Child Protection and Safety Act of 2006, P.L.

HCS SB 982 46 (26) "Tier I offense", the following adjudicated offenses:

SB 982 39 (j) Sexual abuse in the second degree under section 566.101 if the punishment is less than a year;

HCS SB 982 47 (m) Sexual conduct under section 566.116 with a nursing facility resident or vulnerable person;

(r) Possession of child pornography under section 573.037;573.037 as it existed prior to August 28, 2026;

(s) FurnishingPossession pornographicof materialchild tosexual minorsabuse material under section 573.040;573.037;

(t) PublicFurnishing displaypornographic ofmaterial explicitto sexualminors material under section 573.060573.040; if the victim is less than eighteen years of age;

or (u) CoercingPublic acceptancedisplay of obsceneexplicit sexual material under section 573.065573.060 if the victim is less than eighteen years of age;

or (v) Coercing acceptance of obscene material under section 573.065 if the victim is less than eighteen years of age;

SB 982 40 (a) Statutory sodomy in the second degree under section 566.064 if the victim is sixteen to seventeen years of age;

HCS SB 982 48 (b) Child molestation in the third degree under section 566.069 if the victim is between thirteen and fourteen years of age;

(d) Sexual misconduct involving a child under section 566.083 if it is a first offense and the penalty is a term of imprisonment of moreone thanyear aor year;more;

(h) EnticementGrooming or enticement of a childminor under section 566.151;

SB 982 41 (m) Promoting prostitution in the third degree under section 567.070 if the victim is eighteen years of age or older;

HCS SB 982 49 (n) Abuse of a child under section 568.060 if the offense is of a sexual nature and the victim is thirteen to seventeen years of age;

(p) Promoting child pornography in the first degree under section 573.025;573.025 as it existed prior to August 28, 2026;

or (q) Promoting child pornographysexual abuse material in the secondfirst degree under section 573.035;573.025;

(r) Promoting child pornography in the second degree under section 573.035 as it existed prior to August 28, 2026;

(s) Promoting child sexual abuse material in the second degree under section 573.035;

(t) Nonconsensual dissemination of private sexual images under section 573.110 if the victim is seventeen years of age or under or if coercion of the victim was sexual in nature;

or (u) Threatening the nonconsensual dissemination of private sexual images under section 573.112 if the victim is seventeen years of age or under or if coercion of the victim was sexual in nature;

HCS SB 982 50 (c) Kidnapping in the third degree under section 565.130 if the victim is under eighteen years of age, excluding kidnapping by a parent or guardian of a nonsexual nature;

SB 982 42 (h) Statutory rape in the second degree under section 566.034;

HCS SB 982 51 (t) Sexual abuse in the second degree under section 566.101 if the penalty is a term of imprisonment of moreone thanyear aor year;more;

SB 982 43 (w) Trafficking for the purpose of sexual exploitation under section 566.209 if the victim is under eighteen years of age;

(ff) Endangering the welfare of a child in the first degree under section 568.045 if the offense is sexual in nature;nature or if the offense involves sexual intercourse or deviate sexual intercourse with a victim under eighteen years of age;

(gg)HCS EndangeringSB the982 welfare52 (gg) Abuse of a child in the first degree under section 568.045568.060 withif sexualthe intercourseoffense oris deviateof a sexual intercoursenature withand athe victim is under eighteenthirteen years of age;

(hh) AbuseGenital mutilation of a female child under section 568.060568.065; if the offense is of a sexual nature and the victim is under thirteen years of age;

(ii) GenitalUse mutilation of a female child in a sexual performance under section 568.065;573.200;

SBor 982 44 (jj) UsePromoting of a childsexual inperformance by a sexualchild performance under section 573.200;573.205;

or (kk) Promoting a sexual performance by a child under section 573.205;

(1) If the offender resides in Missouri, complete the initial notification of duty to register form approved by the state judicial records committee and the Missouri state highway patrol and forward the form within three business days to the Missouri state highway patrol and the [chief law HCS SB 982 53 enforcement] registration official in the county or city not within a county in which the offender resides;

(a) Order the offender to report directly to the [chief law enforcement] registration official in the county SB 982 45 or city not within a county where the adjudication was heard to register as provided in sections 589.400 to 589.425;

(1) A statement in writing signed by the person, giving the name, address, date of birth, biological sex, as defined in section 191.1720, Social Security number, and HCS SB 982 54 phone number of the person, the license plate number and vehicle description, including the year, make, model, and color of each vehicle owned or operated by the offender, any online identifiers[, as defined in section 43.651,] used by the person, the place of employment of such person, enrollment within any institutions of higher SB 982 46 education, the crime which requires registration, whether the person was sentenced as a persistent or predatory offender pursuant to section 566.125, the date, place, and a brief description of such crime, the date and place of the conviction or plea regarding such crime, the age and gender of the victim at the time of the offense and whether the person successfully completed the Missouri sexual offender program pursuant to section 589.040, if applicable;

and (5) Information regarding any temporary residence where the offender is staying away from his or her primary residence for seven or more days, including the period of time the offender is staying in such place, regardless of HCS SB 982 55 whether the temporary residence is in Missouri or any other place.

SB 982 47 (2) A document verifying proof of the offender's residency;

(2) For the purposes of establishing a schedule for registration visits,appearances, athe registration official shall ensure that the required registration interval is followed HCS SB 982 56 from the date of any initial registration until the month of an offender's birth and then at the appropriate interval beginning from the month of the offender's birth thereafter.

The signed offender registration form shall serve as proof that the individual understands his or her duty to register as a sexual offender under sections 589.400 to 589.425 and a statement to this effect shall be included on SB 982 48 the form that the individual is required to sign at each registration.

Nothing in this subsection shall alleviate the requirements of the offender to appear in person, nor shall this subsection be construed to affect any restrictions applicable to an offender because of theirthe offender's status on the sexual offender registry.

8.

Notwithstanding subsection 1 of section 527.270, no person required to register under sections 589.400 to 589.425 shall change his or her name for the period of time he or she is required to be placed on the registry.

The Missouri state highway patrol shall [enter] ensure the information entered into the sex offender registry is accessible through the HCS SB 982 57 Missouri uniform law enforcement system (MULES) [where it is] and forwarded to the National Crime Information Center (NCIC) in accordance with applicable law.

SB 982 49 2.

HCS SB 982 58 (6) A physical description of the offender's vehicles, including the year, make, model, color, and license plate number;

SB 982 50 (9) Compliance status of the offender with the provisions of section 589.400 to 589.425;

Juveniles required to register under subdivision [(5)](5) (4) of subsection 1 of section 589.400 shall be exempt from public notification on the internet to include any adjudications from another state, territory, the District of Columbia, or foreign country or any federal, tribal, or military jurisdiction.

The Missouri state highway patrol shall regularly update the web page to remove persons who have been ordered removed or exempt by a court in accordance with section 589.401 by a court, persons who are deceased,deceased and persons who have moved out of the state.

In the case of ana offenderperson who has moved out of the state, the entry shall remain until the Missouri state highway patrol confirms the offenderperson has complied with HCS SB 982 59 all registration requirements in the offender'sperson's new state, territory, or country of residence, when applicable.

Except as provided in subsections 5 and 6 of this section, the registered sexual offender search shall make it possible for any person using the internet to search for and find the information specified in subsection 5 of this section, if known, on offenders registered in this SB 982 51 state pursuant to sections 589.400 to 589.425.

The chief law enforcement officer of any county or city not within a county may also publish in any newspaper distributed in the county or city not within a county the sexual offender information provided under subsection 3 of this section for any offender residing in the county or city not within a county.

The communication HCS SB 982 60 is conveyed via computers connected over a network such as the internet, or between cell phone or wireless communication device users, or over a cell phone or wireless communication device network;

SB 982 52 2.] Subject to appropriations, the Missouri state highway patrol shall make registry information regarding a registered sexual offender's online identifiers available to an entity for the purpose of allowing the entity to prescreen users or for comparison with information held by the entity as provided by this subsection:

This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are HCS SB 982 61 subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2008, shall be invalid and void;

An entity that complies with the rules and regulations promulgated by the Missouri state SB 982 53 highway patrol regarding the release and use of the online identifier information and pays the fee established by the Missouri state highway patrol may screen new users or compare its database of registered users to the list of online identifiers of persons in the state sexual offender registry as frequently as the Missouri state highway patrol may allow for the purpose of identifying a registered user associated with an online identifier contained in the state sexual offender registry;

or HCS SB 982 62 (c) Any activity for which the entity would be immune from liability under 47 U.S.C.

The information available via SB 982 54 the telephone number shall include only information that offenders are required to provide under section 589.407.

This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule HCS SB 982 63 are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2006, shall be invalid and void.

SB 982 55 (1) Name;

The [chief law enforcement] registration official [in the county or city not within a county] shall HCS SB 982 64 immediately forward the registration changes described under subsections 1 and 2 of this section to the Missouri state highway patrol within three business days in accordance with section 589.410.

(1) If any person required by sections 589.400 to 589.425 to register changes such person's residence or address to a different county or city not within a county, the person shall appear in person and shall inform both the [chief law enforcement] registration official with whom the SB 982 56 person last registered and the [chief law enforcement] registration official of the county or city not within a county having jurisdiction over the new residence or address in writing within three business days of such new address and phone number, if the phone number is also changed.

HCS SB 982 65 (4) When the registrant is changing the residence to a new state, territory, the District of Columbia, or foreign country, or federal, tribal, or military jurisdiction, the Missouri state highway patrol shall inform the responsible official in the new state, territory, the District of Columbia, or foreign country, or federal, tribal, or military jurisdiction of residence within three business days.

Registrants shall appear in person tobefore the registration official and complete all forms required for SB 982 57 such purposes by the United States MarshalsMarshal's Service no less than twenty-one days before travel outside of the United States.

Such information shall be forwarded to the United States MarshalsMarshal's Service, and a copy shall be provided by the registration official to the Missouri state highway patrol in a manner prescribed by the Missouri state highway patrol.

To the extent more than one tier definition applies to an offender, the highest tier whichthat applies shall be the tier the offender is classified into.

If the Missouri state highway patrol determines the initial tier decision is inaccurate, itthe Missouri state highway patrol shall notify the registration official, and the Missouri state highway patrol's determination shall control HCS SB 982 66 the tier classification.

Tier I [sexual] offenders, in addition to the requirements of subsections 1 to [4] 5 of this section, shall report in person to[to] before the [chief law enforcement] registration official annually in the month of their birth SB 982 58 to verify the information contained in their statement made pursuant to section 589.407.

HCS SB 982 67 (h) Sexual contact with a prisoner or offender under section 566.145 if the victim is eighteen years of age or older;

SB 982 59 (m) Sexual misconduct in the second degree under section 566.095;

Tier II [sexual] offenders, in addition to the requirements of subsections 1 to [4] 5 of this section, shall report semiannually in person in the month of their birth and six months thereafter to the [chief law HCS SB 982 68 enforcement] registration official to verify the information contained in their statement made pursuant to section 589.407.

SB 982 60 (c) Sexual contact with a student under section 566.086 if the victim is thirteen to seventeen years of age;

HCS SB 982 69 (l) Sexual misconduct involving a child under section 566.083 if it is a first offense and the penalty is a term of imprisonment of more than a year;

or SB 982 61 (3) Any person who is or has been adjudicated in any other state, territory, the District of Columbia, or foreign country, or under federal, tribal, or military jurisdiction for an offense of a sexual nature or with a sexual element that is comparable to the tier II sexual offenses listed in this subsection or, if not comparable to those in this subsection, comparable to those described as tier II offenses under the Sex Offender Registration and Notification Act, Title I of the Adam Walsh Child Protection and Safety Act of 2006, Pub.

Tier III [sexual] offenders, in addition to the requirements of subsections 1 to [4] 5 of this section, shall report in person to[to] before the [chief law enforcement] registration official every ninety days to verify the information contained in their statement made under section 589.407.

HCS SB 982 70 (2) Any offender who has been adjudicated for the crime of:

SB 982 62 (h) Sodomy in the second degree under section 566.061;

HCS SB 982 71 (q) Child molestation in the second degree under section 566.068;

SB 982 63 (w) Trafficking for the purpose of sexual exploitation under section 566.209 if the victim is under eighteen years of age;

HCS SB 982 72 (ee) Abuse of a child under section 568.060 if the offense is of a sexual nature and the victim is under thirteen years of age;

SB 982 64 (3) Any offender who is adjudicated for a crime comparable to a tier I or tier II offense listed in this section or failure to register offense under section 589.425, or other comparable out-of-state failure to register offense, who has been or is already required to register as a tier II offender because of having been adjudicated for a tier II offense, two tier I offenses, or combination of a tier I offense and failure to register offense, on a previous occasion;

or (5) Any offender who is adjudicated in Missouri for any offense of a sexual nature requiring registration under HCS SB 982 73 sections 589.400 to 589.425 that is not classified as a tier I or tier II offense in this section.

In addition to the requirements of subsections 1 to [7] 5 and 8 to 10 of this section, all Missouri registrants who work, including as a volunteer or unpaid intern, or attend any school whether public or private, including any secondary school, trade school, professional school, or institution of higher education, on a full-time or part-time basis or have a temporary residence in this state shall be required to report in person to[to] before the [chief law enforcement officer] registration official in the area of the state where they work, including as a volunteer or unpaid intern, or attend any school or training and register SB 982 65 in that state.

589.415.[589.414.

1.

Any person required by sections 589.400 to 589.425 to register shall, within three business days, appear in person to the chief law enforcement officer of the county or city not within a county if there is a change to any of the following information:

(1) Name;

(2) Residence;

(3) Employment, including status as a volunteer or intern;

(4) Student status;

or (5) A termination to any of the items listed in this subsection.

2.

Any person required to register under sections 589.400 to 589.425 shall, within three HCS SB 982 74 business days, notify the chief law enforcement official of the county or city not within a county of any changes to the following information:

(1) Vehicle information;

(2) Temporary lodging information;

(3) Temporary residence information;

(4) Email addresses, instant messaging addresses, and any other designations used in internet communications, postings, or telephone communications;

or (5) Telephone or other cellular number, including any new forms of electronic communication.

3.

The chief law enforcement official in the county or city not within a county shall immediately forward the registration changes described under subsections 1 and 2 of this section to the Missouri state highway patrol within three business days.

4.

If any person required by sections 589.400 to 589.425 to register changes such person's residence or address to a different county or city not within a county, the person shall appear in person and shall inform both the chief law enforcement official with whom the person last registered and the chief law enforcement official of the county or city not within a county having jurisdiction over the new residence or address in writing within three business days of such new address and phone number, if the phone number is also changed.

If any person required by sections 589.400 to 589.425 to register changes his or her state, territory, the District of Columbia, or foreign country, or federal, tribal, or military jurisdiction of residence, the person shall appear in person and shall inform both the chief law enforcement official with whom the person was last registered and the chief law enforcement official of the area in the new state, territory, the District of Columbia, or foreign country, or federal, tribal, or military jurisdiction having jurisdiction over the new HCS SB 982 75 residence or address within three business days of such new address.

Whenever a registrant changes residence, the chief law enforcement official of the county or city not within a county where the person was previously registered shall inform the Missouri state highway patrol of the change within three business days.

When the registrant is changing the residence to a new state, territory, the District of Columbia, or foreign country, or federal, tribal, or military jurisdiction, the Missouri state highway patrol shall inform the responsible official in the new state, territory, the District of Columbia, or foreign country, or federal, tribal, or military jurisdiction of residence within three business days.

5.

Tier I sexual offenders, in addition to the requirements of subsections 1 to 4 of this section, shall report in person to the chief law enforcement official annually in the month of their birth to verify the information contained in their statement made pursuant to section 589.407.

Tier I sexual offenders include:

(1) Any offender who has been adjudicated for the offense of:

(a) Sexual abuse in the first degree under section 566.100 if the victim is eighteen years of age or older;

(b) Sexual misconduct involving a child under section 566.083 if it is a first offense and the punishment is less than one year;

(c) Sexual abuse in the second degree under section 566.101 if the punishment is less than a year;

(d) Kidnapping in the second degree under section 565.120 with sexual motivation;

(e) Kidnapping in the third degree under section 565.130;

(f) Sexual conduct with a nursing facility resident or vulnerable person in the first degree under section 566.115 if the punishment is less than one year;

HCS SB 982 76 (g) Sexual conduct under section 566.116 with a nursing facility resident or vulnerable person;

(h) Sexual [contact with a prisoner or offender] conduct in the course of public duty under section 566.145 if the victim is eighteen years of age or older;

(i) Sex with an animal under section 566.111;

(j) Trafficking for the purpose of sexual exploitation under section 566.209 if the victim is eighteen years of age or older;

(k) Possession of child pornography under section 573.037 as it existed prior to August 28, 2026;

(l) Possession of child sexual abuse material under section 573.037;

(m) Sexual misconduct in the first degree under section 566.093;

[(m)] (n) Sexual misconduct in the second degree under section 566.095;

[(n)] (o) Child molestation in the second degree under section 566.068 as it existed prior to January 1, 2017, if the punishment is less than one year;

[or (o)] (p) Invasion of privacy under section 565.252 if the victim is less than eighteen years of age;

or (q) Grooming of a minor under section 566.152;

(2) Any offender who is or has been adjudicated in any other state, territory, the District of Columbia, or foreign country, or under federal, tribal, or military jurisdiction of an offense of a sexual nature or with a sexual element that is comparable to the tier I sexual offenses listed in this subsection or, if not comparable to those in this subsection, comparable to those described as tier I offenses under the Sex Offender Registration and Notification Act, Title I of the Adam Walsh Child Protection and Safety Act of 2006, Pub.

L.

109-248.

HCS SB 982 77 6.

Tier II sexual offenders, in addition to the requirements of subsections 1 to 4 of this section, shall report semiannually in person in the month of their birth and six months thereafter to the chief law enforcement official to verify the information contained in their statement made pursuant to section 589.407.

Tier II sexual offenders include:

(1) Any offender who has been adjudicated for the offense of:

(a) Statutory sodomy in the second degree under section 566.064 if the victim is sixteen to seventeen years of age;

(b) Child molestation in the third degree under section 566.069 if the victim is between thirteen and fourteen years of age;

(c) Sexual contact with a student under section 566.086 if the victim is thirteen to seventeen years of age;

(d) Enticement of a child under section 566.151;

(e) Abuse of a child under section 568.060 if the offense is of a sexual nature and the victim is thirteen to seventeen years of age;

(f) Sexual exploitation of a minor under section 573.023;

(g) Promoting child pornography in the first degree under section 573.025 as it existed prior to August 28, 2026;

(h) Promoting child sexual abuse material in the first degree under section 573.025;

(i) Promoting child pornography in the second degree under section 573.035 as it existed prior to August 28, 2026;

(j) Promoting child sexual abuse material in the second degree under section 573.035;

[(i)] (k) Patronizing prostitution under section 567.030;

[(j)] (l) Sexual [contact with a prisoner or offender] conduct in the course of public duty under section 566.145 if the victim is thirteen to seventeen years of age;

HCS SB 982 78 [(k)] (m) Child molestation in the fourth degree under section 566.071 if the victim is thirteen to seventeen years of age;

[(l)] (n) Sexual misconduct involving a child under section 566.083 if it is a first offense and the penalty is a term of imprisonment of more than a year;

[or (m)] (o) Age misrepresentation with intent to solicit a minor under section 566.153;

(p) Nonconsensual dissemination of private sexual images under section 573.110 if the victim is seventeen years of age or under or if coercion of the victim was sexual in nature;

or (q) Threatening the nonconsensual dissemination of private sexual images under section 573.112 if the victim is seventeen years of age or under or if coercion of the victim was sexual in nature;

(2) Any person who is adjudicated of an offense comparable to a tier I offense listed in this section or failure to register offense under section 589.425 or comparable out-of-state failure to register offense and who is already required to register as a tier I offender due to having been adjudicated of a tier I offense on a previous occasion;

or (3) Any person who is or has been adjudicated in any other state, territory, the District of Columbia, or foreign country, or under federal, tribal, or military jurisdiction for an offense of a sexual nature or with a sexual element that is comparable to the tier II sexual offenses listed in this subsection or, if not comparable to those in this subsection, comparable to those described as tier II offenses under the Sex Offender Registration and Notification Act, Title I of the Adam Walsh Child Protection and Safety Act of 2006, Pub.

L.

109-248.

7.

Tier III sexual offenders, in addition to the requirements of subsections 1 to 4 of this section, shall report in person to the chief law enforcement official every ninety days to verify the information contained in their HCS SB 982 79 statement made under section 589.407.

Tier III sexual offenders include:

(1) Any offender registered as a predatory [sexual offender as defined in section 566.123 or a] or persistent sexual offender as defined in section [566.124] 566.125;

(2) Any offender who has been adjudicated for the crime of:

(a) Rape in the first degree under section 566.030;

(b) Statutory rape in the first degree under section 566.032;

(c) Rape in the second degree under section 566.031;

(d) Endangering the welfare of a child in the first degree under section 568.045 if the offense is sexual in nature;

(e) Sodomy in the first degree under section 566.060;

(f) Statutory sodomy under section 566.062;

(g) Statutory sodomy under section 566.064 if the victim is under sixteen years of age;

(h) Sodomy in the second degree under section 566.061;

(i) Sexual misconduct involving a child under section 566.083 if the offense is a second or subsequent offense;

(j) Sexual abuse in the first degree under section 566.100 if the victim is under thirteen years of age;

(k) Kidnapping in the first degree under section 565.110 if the victim is under eighteen years of age, excluding kidnapping by a parent or guardian;

(l) Child kidnapping under section 565.115;

(m) Sexual conduct with a nursing facility resident or vulnerable person in the first degree under section 566.115 if the punishment is greater than a year;

(n) Incest under section 568.020;

(o) Endangering the welfare of a child in the first degree under section 568.045 with sexual intercourse or deviate sexual intercourse with a victim under eighteen years of age;

HCS SB 982 80 (p) Child molestation in the first degree under section 566.067;

(q) Child molestation in the second degree under section 566.068;

(r) Child molestation in the third degree under section 566.069 if the victim is under thirteen years of age;

(s) Promoting prostitution in the first degree under section 567.050 if the victim is under eighteen years of age;

(t) Promoting prostitution in the second degree under section 567.060 if the victim is under eighteen years of age;

(u) Promoting prostitution in the third degree under section 567.070 if the victim is under eighteen years of age;

(v) Promoting travel for prostitution under section 567.085 if the victim is under eighteen years of age;

(w) Trafficking for the purpose of sexual exploitation under section 566.209 if the victim is under eighteen years of age;

(x) Sexual trafficking of a child in the first degree under section 566.210;

(y) Sexual trafficking of a child in the second degree under section 566.211;

(z) Genital mutilation of a female child under section 568.065;

(aa) Statutory rape in the second degree under section 566.034;

(bb) Child molestation in the fourth degree under section 566.071 if the victim is under thirteen years of age;

(cc) Sexual abuse in the second degree under section 566.101 if the penalty is a term of imprisonment of more than a year;

(dd) Patronizing prostitution under section 567.030 if the offender is a persistent offender;

(ee) Abuse of a child under section 568.060 if the offense is of a sexual nature and the victim is under thirteen years of age;

(ff) Sexual [contact with a prisoner or offender] conduct in the course of public duty HCS SB 982 81 under section 566.145 if the victim is under thirteen years of age;

(gg) [Sexual intercourse with a prisoner or offender under section 566.145;

(hh)] Sexual contact with a student under section 566.086 if the victim is under thirteen years of age;

[(ii)] (hh) Use of a child in a sexual performance under section 573.200;

or [(jj)] (ii) Promoting a sexual performance by a child under section 573.205;

(3) Any offender who is adjudicated for a crime comparable to a tier I or tier II offense listed in this section or failure to register offense under section 589.425, or other comparable out-of-state failure to register offense, who has been or is already required to register as a tier II offender because of having been adjudicated for a tier II offense, two tier I offenses, or combination of a tier I offense and failure to register offense, on a previous occasion;

(4) Any offender who is adjudicated in any other state, territory, the District of Columbia, or foreign country, or under federal, tribal, or military jurisdiction for an offense of a sexual nature or with a sexual element that is comparable to a tier III offense listed in this section or a tier III offense under the Sex Offender Registration and Notification Act, Title I of the Adam Walsh Child Protection and Safety Act of 2006, Pub.

L.

109-248;

or (5) Any offender who is adjudicated in Missouri for any offense of a sexual nature requiring registration under sections 589.400 to 589.425 that is not classified as a tier I or tier II offense in this section.

8.

In addition to the requirements of subsections 1 to 7 of this section, all Missouri registrants who work, including as a volunteer or unpaid intern, or attend any school whether public or private, including any secondary school, trade school, professional school, or institution of higher education, on a full-time HCS SB 982 82 or part-time basis or have a temporary residence in this state shall be required to report in person to the chief law enforcement officer in the area of the state where they work, including as a volunteer or unpaid intern, or attend any school or training and register in that state.

"Part-time" in this subsection means for more than seven days in any twelve-month period.

9.

If a person who is required to register as a sexual offender under sections 589.400 to 589.425 changes or obtains a new online identifier as defined in section 43.651, the person shall report such information in the same manner as a change of residence before using such online identifier.] 589.415.

As used in this section, the term "probation officer" includes any agent of a private entity assigned to provide probation supervision services to an offender due to HCS SB 982 83 the offender's status as a sexual offender who is required to register pursuant to sections 589.400 to 589.425.] 589.417.

Except for the specific information listed in subsection 2 of this section, the complete statements, photographs and fingerprints required by SB 982 66 sections 589.400 to 589.425 shall not be subject to the provisions of chapter 610 and are not public records as defined in section 610.010, and shall be available only to courts, prosecutors and law enforcement agencies.

[Notwithstanding any provision of law to the contrary, the chief law enforcement official of the county] (1) The following information shall be available as an open record under chapter 610:

(1)(a) TheAny registrationinformation officialretained shallby maintain,the forMissouri allstate offendershighway registeredpatrol inrequired suchto county,be apublished completeon listthe ofinternet at the names,time addressesof andthe crimesrequest, foras whichprovided suchin offenderssection are589.411; registered.

Anyand person(b) mayThe requestname, suchoffense listrequiring registration, dates of registration, and compliance status of any offender who has been removed from the [chiefinternet lawbecause enforcement]of registrationdeath officialor [ofa move out of the county];state.

(2) Any information retained by the Missouri state highway patrol required to be published on the internet at the time of the request, as provided in section 589.411;

and (3) The name, offense requiring registration, dates of registration, and compliance status of any offender who has been removed from the internet because of death or a move out of the state.

(2) The registration official shall maintain, for all offenders registered in such county, a complete list of the names, addresses and crimes for which such offenders are registered.

Any person may request such list from the [chief law enforcement] registration official of the county.

HCS SB 982 84 4.

The metadata recorded by the sex offender registry system, website, or other related databases utilized by the sex offender registry including activity logs, user information, or other related information shall be a closed record, available only to authorized users for the administration of criminal justice, as the term "administration of criminal justice" is defined in section 43.500.

632.489.

1.

Upon filing a petition pursuant to section 632.484 or 632.486, the judge shall determine whether probable cause exists to believe that the person named in the petition is a sexually violent predator.

If such probable cause determination is made, the judge shall direct that person be taken into custody and direct that the person be transferred to an appropriate secure facility, including, but not limited to, a county jail.

If the person is ordered to the department of mental health, the director of the department of mental health shall determine the appropriate secure facility to house the person under the provisions of section 632.495.

2.

Within seventy-two hours after a person is taken into custody pursuant to subsection 1 of this section, excluding Saturdays, Sundays and legal holidays, such person shall be provided with notice of, and an opportunity to appear in person at, a hearing to contest probable cause as to whether the detained person is a sexually violent predator.

At this hearing the court shall:

(1) Verify the detainee's identity;

and (2) Determine whether probable cause exists to believe that the person is a sexually violent predator.

The state may rely upon the petition and supplement the petition with additional documentary evidence or live testimony.

HCS SB 982 85 3.

At the probable cause hearing as provided in subsection 2 of this section, the detained person shall have the following rights in addition to the rights previously specified:

(1) To be represented by counsel;

(2) To present evidence on such person's behalf;

(3) To cross-examine witnesses who testify against such person;

and (4) To view and copy all petitions and reports in the court file, including the assessment of the multidisciplinary team.

TheIf metadata recorded by the sexprobable offendercause registrydetermination system,is website,made, orthe othercourt relatedshall databasesdirect utilizedthat by the sexperson offenderbe registry,transferred includingto activityan logs,appropriate usersecure information,facility, orincluding, otherbut relatednot informationlimited shallto, be a closedcounty SBjail, 982for 67an record,evaluation availableas only to authorizedwhether users for the administrationperson of criminal justice, as the term "administration of criminal justice" is defineda insexually sectionviolent 43.500.predator.

[589.402.If the person is ordered to the department of mental health, the director of the department of mental health shall determine the appropriate secure facility, which may include the department of corrections or a county jail as set forth in section 632.495, to house the person.

The court shall direct the director of the department of mental health to have the person examined by a psychiatrist or psychologist as defined in section 632.005 who was not a member of the multidisciplinary team that previously reviewed the person's records.

In addition, such person may be examined by a consenting psychiatrist or psychologist of the person's choice at the person's own expense.

Any examination shall be conducted in the facility in which the person is confined.

Any examinations ordered shall be made at such time and under such conditions as the court deems proper;

except that, if the order directs the director of the HCS SB 982 86 department of mental health to have the person examined, the director shall determine the time, place and conditions under which the examination shall be conducted.

The psychiatrist or psychologist conducting such an examination shall be authorized to interview family and associates of the person being examined, as well as victims and witnesses of the person's offense or offenses, for use in the examination unless the court for good cause orders otherwise.

The psychiatrist or psychologist shall have access to all materials provided to and considered by the multidisciplinary team and to any police reports related to sexual offenses committed by the person being examined.

Any examination performed pursuant to this section shall be completed and filed with the court within sixty days of the date the order is received by the director or other evaluator unless the court for good cause orders otherwise.

One examination shall be provided at no charge by the department.

All costs of any subsequent evaluations shall be assessed to the party requesting the evaluation.

632.492.

Within sixty days after the completion of any examination held pursuant to section 632.489, the court shall conduct a trial to determine whether the person is a sexually violent predator.

The trial may be continued upon the request of either party and a showing of good cause, or by the court on its own motion in the due administration of justice, and when the respondent will not be substantially prejudiced.

At all stages of the proceedings pursuant to sections 632.480 to 632.513, any person subject to sections 632.480 to 632.513 shall be entitled to the assistance of counsel, and if the person is indigent, the court shall appoint counsel to assist such person.

The person, the attorney general, or the judge shall have the right to HCS SB 982 87 demand that the trial be before a jury.

If the trial is held before a jury, the judge shall instruct the jury that if it finds that the person is a sexually violent predator, the person shall be committed to the custody of the director of the department of mental health to be housed in an appropriate secure facility, as determined by the director of the department of mental health as set forth in section 632.495, for control, care and treatment.

If no demand for a jury is made, the trial shall be before the court.

The court shall conduct all trials pursuant to this section in open court, except as otherwise provided for by the child victim witness protection law pursuant to sections 491.675 to 491.705.

632.495.

The court or jury shall determine whether, by clear and convincing evidence, the person is a sexually violent predator.

If such determination that the person is a sexually violent predator is made by a jury, such determination shall be by unanimous verdict of such jury.

Any determination as to whether a person is a sexually violent predator may be appealed.

2.

If the court or jury determines that the person is a sexually violent predator, the person shall be committed to the custody of the director of the department of mental health for control, care and treatment until such time as the person's mental abnormality has so changed that the person is safe to be at large.

Such control, care and treatment shall be provided or arranged by the department of mental health in an appropriate secure facility, as determined by the director of the department of mental health as set forth in this section.

3.

At all times, persons ordered to the department of mental health after a determination by the court that such HCS SB 982 88 persons may meet the definition of a sexually violent predator, persons ordered to the department of mental health after a finding of probable cause under section 632.489, and persons committed for control, care and treatment by the department of mental health pursuant to sections 632.480 to 632.513 shall be kept in a secure facility designated by the director of the department of mental health and such persons shall be segregated at all times from any other patient under the supervision of the director of the department of mental health.

The department of mental health shall not place or house a person ordered to the department of mental health after a determination by the court that such person may meet the definition of a sexually violent predator, a person ordered to the department of mental health after a finding of probable cause under section 632.489, or a person committed for control, care, and treatment by the department of mental health, pursuant to sections 632.480 to 632.513, with other mental health patients.

The provisions of this subsection shall not apply to a person who has been conditionally released under section 632.505.

4.

The department of mental health is authorized to enter into an interagency agreement with the department of corrections for the confinement of [such] persons ordered to the department of mental health after a determination by the court that such persons may meet the definition of a sexually violent predator or for the confinement of persons ordered to the department of mental health after a finding of probable cause under section 632.489, provided the department of corrections has necessary space and services available and the director of the department of corrections has agreed to provide such confinement through an interagency agreement with the department of mental health.

HCS SB 982 89 Such persons who are in the confinement of the department of corrections pursuant to an interagency agreement shall be housed and managed separately from offenders in the custody of the department of corrections, and except for occasional instances of supervised incidental contact, shall be segregated from such offenders.

If the department of mental health and the department of corrections have entered into an interagency agreement as provided in this subsection, the department of corrections is authorized to enter into one or more contract agreements as may be necessary to perform the agreed upon responsibilities of the department of corrections under the interagency agreement including, but not limited to, a contract agreement with one or more licensed professionals or providers of health care services to provide health care services to the persons identified in this subsection.

5.

The department of mental health is authorized to enter into a contract agreement with one or more county jails in Missouri for the confinement of persons ordered to the department of mental health after a determination by the court that such persons may meet the definition of a sexually violent predator or for the confinement of persons ordered to the department of mental health after a finding of probable cause under section 632.489.

Such persons who are in the confinement of a county jail pursuant to a contract agreement shall be housed and managed separately from offenders in the custody of the county jail, and except for occasional instances of supervised incidental contact, shall be segregated from such offenders.

6.

The department of mental health is authorized to enter into an interagency agreement with the department of corrections for the control and care, including health care HCS SB 982 90 services, of persons committed to the department of mental health by the court as a sexually violent predator, provided the department of corrections has necessary space and services available and the director of the department of corrections has agreed to provide such control and care through an interagency agreement with the department of mental health.

Such persons who are in the control and care of the department of corrections under an interagency agreement shall be housed and managed separately from offenders in the custody of the department of corrections, and except for occasional instances of supervised incidental contact, shall be segregated from such offenders.

If the department of mental health and the department of corrections have entered into an interagency agreement as provided in this subsection, the department of corrections is authorized to enter into one or more contract agreements as may be necessary to perform the agreed upon responsibilities of the department of corrections under the interagency agreement including, but not limited to, a contract agreement with one or more licensed professionals or providers of health care services to provide health care services to the persons identified in this subsection.

7.

The department of mental health is authorized to enter into a contract agreement with one or more licensed professionals or providers of health care or mental health care services to provide health care or mental health care services to persons ordered to the department of mental health after a determination by the court that such persons may meet the definition of a sexually violent predator, persons ordered to the department of mental health after a finding of probable cause under section 632.489, and persons HCS SB 982 91 committed for control, care, and treatment by the department of mental health under sections 632.480 to 632.513.

8.

If the court or jury is not satisfied by clear and convincing evidence that the person is a sexually violent predator, the court shall direct the person's release.

[7.] 9.

Upon a mistrial, the court shall direct that the person be held at an appropriate secure facility, including, but not limited to, a county jail, until another trial is conducted.

If the person is ordered to the department of mental health, the director of the department of mental health shall determine the appropriate secure facility to house the person.