Tag: Kurt Bahr

House votes to override governor on four budget items; Senate takes no action

The Missouri House voted to override the governor’s vetoes of four items in the state operating budget that became law in July.  The Senate has opted not to take up those items for consideration, so the governor’s vetoes will stand.

House Budget Committee Chairman Scott Fitzpatrick proposed the overrides of five vetoes the governor made in the state’s budget. The House voted for four of those overrides. (photo; Tim Bommel, Missouri House Communications)

The House voted to override Governor Mike Parson’s (R) vetoes on line-items that support juvenile advocacy units in the Kansas City and St. Louis offices of the state public defender; time-critical centers for heart attack and stroke patients in Missouri hospitals; independent reviews by the Office of Child Advocate of local offices that serve troubled youths; and the oversight of grants to organizations that serve the deaf and blind.  The four items totaled more than $785,000.

House budget leaders said those items will be brought up for consideration when the legislature meets again in January, for the start of its regular session.

The House voted only on five budget items during its annual veto session, which began and ended Wednesday.  On the fifth budget item, $50,000 for grants to law enforcement agencies for the purchase of tourniquets for officers, the House fell short of the constitutional majority needed for an override.

Money for inspections of state-certified heart attack and stroke trauma centers

House Budget Committee Chairman Scott Fitzpatrick (R-Shell Knob) said after the governor vetoed money to fund inspections and certification of time-critical trauma centers for heart attack and stroke patients, his administration then said those inspections would be conducted anyway.  Fitzpatrick said he wants to see the inspections continue, but for them to be funded by pulling money from parts of the budget not intended for them violates the role of the legislature in the budget process.

“The governor vetoed all the people and all the money for that particular program and my opinion is once you do that, you can’t fund that program,” said Fitzpatrick.  “That is going to come to a head in January.  It is going to be an issue and it will get dealt with in a different way.”

The top Democrat on the House Budget Committee, Kip Kendrick (Columbia), agreed.

“I don’t know exactly how that program moves forward if the line’s been vetoed and the two [full-time employees] in the program have been vetoed.  We want to see the program move forward, but also how does the program exist if it doesn’t have a line and a place in the budget … I don’t want to see any of the services disrupted or interrupted, but that being said we need to make sure that we’re handling things appropriately.” said Kendrick.

Money for Office of Child Advocate review of local abuse investigations

$100,000 for the Office of Child Advocate would pay for two people that St. Charles Republican Kurt Bahr said would conduct a thorough review of how child abuses cases are processed.  He said the office needs those two additional staff members to keep up with that extra work.

“We are making sure that we’re taking care of kids in the foster care system, we’re making sure that any charge of child abuse is being looked at and is being processed correctly so that the system works for the most vulnerable in our society,” said Bahr.

Money for oversight of grants to organizations serving Missouri’s deaf and blind

The $45,000 for the Missouri Commission for the Deaf and Hard of Hearing would pay for a person to oversee grants to organizations serving the deaf and blind.  That position was created as part of House Bill 1696 passed in 2016, which was sponsored by Representative Lyle Rowland (R-Cedarcreek).  He said those grants have been fully funded for the past two years.

“In our world today we want all moneys from government to have accountability, and we need to have a person in place in that commission that oversee this money, can answer questions, can develop the [requests for proposal], to allow this to take place to help the deaf, blind community,” said Rowland.

Shrewsbury Democrat Sarah Unsicker said the person currently overseeing these grants has a number of other jobs and is overwhelmed.

Representative Kip Kendrick (photo; Tim Bommel, Missouri House Communications)

“People who are deaf/blind need additional services including language acquisition, communication assistance, and help with activities of daily living.  The Commission for the Deaf and Hard of Hearing is not equipped to deal with these specialized needs of this population by themselves and needs this staff person to assist with these needs,” said Unsicker.

Money for public defenders for juveniles in Kansas City and St. Louis

Fitzpatrick said the $487,000 for juvenile advocacy units in the St. Louis and Kansas City offices of the public defender system would ensure that the constitutional right to counsel for juveniles in those regions would be met.

Bahr said those juveniles need proper defense attorneys to keep them from entering a “prison pipeline where they end up becoming a far larger cost onto our society as perpetual inmates.”

Representative Ingrid Burnett (D-Kansas City) said as a teacher she worked with elementary school children both before and after these public defender units for juveniles existed.

“The difference between the outcome for these children is staggering,” said Burnett.

Kansas City Democrat Barbara Washington said she has personal experience as a juvenile offender, and said the importance of juveniles having representation cannot be overstated.

“I sit here today because I had an attorney.  I sit here today because my parents could afford an attorney and I can state today that no one else who was incarcerated with me at that time was even able to graduate from high school, and that was because at that time there was not a public defender system totally dedicated to juvenile offender,” said Washington.

No hard feelings from the House toward the governor over budget vetoes

Both Fitzpatrick and Kendrick said the attempts to override Parson’s vetoes did not signal a battle between the House and the governor’s office.

“The governor came into office in June and basically had one month to review the budget at the same time he was trying to assemble his team.  I think that unfortunately there were some things they didn’t get the full picture on and had to make some decisions before they had all the information,” said Fitzpatrick.  “We’ll continue to work with the governor.  This is not intended to be an issue that is supposed to disrupt the relationship.  It’s just a part of the process.”

Kendrick was not critical of the governor, even regarding the veto of funding for time-critical trauma center inspections and the procedural issues surrounding its continued funding.

“Everybody makes mistakes, right?  We all make mistakes.  Sometimes you’ve just got to own up to the mistake that you make … I don’t think Governor Parson wanted to see this program disappear.  Soon after I think he realized that it’s an important program obviously not just to us here in the building but to everyone around the State of Missouri,” said Kendrick.

Missouri legislature proposes reform of state’s sex offender registry

A bill that aims to strengthen Missouri’s sex offender registry, and give some sex offenders a better chance at rehabilitation, was one of the bills passed out of the legislature on Friday in the final hours of its regular session.

Representative Kurt Bahr sponsored language to reform Missouri’s sex offender registry. (photo; Tim Bommel, Missouri House Communications – click for larger version)

Language that was part of Senate Bill 655 would have Missouri’s registry mirror the federal system.  It would break that registry into three tiers based on the severity of sex-related offenses.  Individuals guilty of the least serious offenses would go on the first tier and could petition the courts to be removed from the registry ten years after being put on it.  Those on the second tier would be guilty of more serious offenses and could petition for removal after 25 years.  The third tier is for those guilty of the most heinous sex offenses, who must remain on the registry for life.  Those who commit additional sex crimes or other felonies while already on the registry also would not be eligible to be removed.

The House handler of SB 655, St. Charles representative Kurt Bahr (R), said there are so many people on Missouri’s sex offender registry, for all levels of crimes, that it waters down the meaning of the list.

“By shrinking the list a little bit it adds value to the list,” said Bahr.

Bahr said in its current form, the list treats people guilty of crimes like rape and sexual assault the same as it treats those guilty of offenses such as urinating in public.

“The list, as it grows, ceases to be as effective for public safety because if you simply see a name on the list you don’t know if they are a true problem – a possible rapist of somebody who’s molested children – or if they’re somebody who had a non-contact offense that’s still deemed a sex crime,” said Bahr.  “Aside from creating the tiers it also makes the list reflect the level that the offender is as well as what their offense was.”

Bahr said the ability for an offender to come off of the registry can decrease the likelihood that he or she will reoffend.

“There are three major factors for an offender to repeat offend.  Those three factors are lack of housing, lack of jobs, and lack of social interactions.  A person on the list has a hard time finding housing – a lot of apartment complexes don’t want to rent to anybody on the list; finding jobs becomes difficult because again a lot of businesses don’t want to hire anybody on the list; and if you can’t live or work anywhere near friends or family then you become socially ostracized as well, so there is definitely a very significant social cost to somebody on the list that would lend to somebody becoming a repeat offender,” said Bahr.  “Allowing somebody who’s not a violent sex offender to be able to get their life in order and to go get off the list will allow them to become a more productive member of society.”

The proposed registry updates have the support of the Missouri Attorney General’s Office, the Missouri Association of Prosecuting Attorneys, and the Missouri Association of Criminal Defense Lawyers.  Bahr said law enforcement was also supportive.

Bahr is glad to see the proposal passed out of the legislature before the end of this year – his last in the House due to term limits.

“It’s an issue that people don’t like to talk about, but still an issue that is important and needs to be dealt with,” said Bahr.

The House voted on Friday, the final day of the regular session, to pass SB 655, 135-3.

The bill’s other provisions include one that would remove the statute of limitations in cases of sex crimes against children, and one that would set the minimum age to get married in Missouri at 16.  Bahr hopes having all those provisions together improves the chance that the bill will be signed into law by Governor Eric Greitens.

Governor Greitens could sign SB 655 into law, veto it, or allow it to become law without taking any action on it.

Earlier stories:  

Missouri House proposes reform of sex offender registry

Missouri House considering reform of state’s sex offender registry

Missouri House proposes reform of sex offender registry

A bill that would update Missouri’s sex offender registry has been sent to the state Senate.

Representative Kurt Bahr (photo; Tim Bommel, Missouri House Communications – click for larger version)

House Bill 2042 would classify the registry’s offenders into three tiers based on their offenses:  less-serious offenses would land an offender on the first tier, with those on the third tier having committed the most serious offenses.  Those on the first tier could petition the courts to be removed from the registry ten years after being placed on it.  Those on the second tier could petition after 25 years; those on tier three would remain on the registry for life.  Those who commit additional sex crimes or felonies while on the registry also could not petition for removal.

The bill’s sponsor, St. Charles Republican Kurt Bahr, said for some offenders to have the opportunity to come off of the registry will strengthen it, while giving those offenders a better chance at getting quality employment and jobs and put them at less risk of re-offending.

The bill was passed out of the House 144-2.  Bahr was surprised at the broad support it received.

“The issue at hand is controversial, but I think most people recognized that I worked very hard to keep it completely consistent with the existing federal law to begin with, and that it was a fair and balanced approach to deal with an issue that, while it’s something people don’t like talking about, needed to be addressed,” said Bahr.

The legislation’s supporters include the Missouri Attorney General’s Office, the Missouri Association of Prosecuting Attorneys, and the Missouri Association of Criminal Defense Lawyers.

Bahr is optimistic that HB 2042 will have enough support to get through the Senate if that body chooses to move it before the session ends in May.

“The few senators I’ve talked to about the bill, like the representatives, have all supported the fact that this issue needs to be addressed, and so I don’t think there’s going to be any difficulty getting the bill through the because of the merits of the bill,” said Bahr

Representative Mark Ellebracht (photo; Tim Bommel, Missouri House Communications – click for larger version)

The bill’s broad bipartisan support includes Liberty Democrat Mark Ellebracht, who said lawmakers and the public are seeing now that the registry has been in place for years, what needs to be changed about it.

“Fifteen years ago, twenty years ago, it was all pretty new stuff.  We had the idea, we knew it was a good idea, we just didn’t know how the machinery was going to work.  Now we’re getting the bugs worked out, we’re getting the kinks worked out, figuring out what’s just under the law and what may have been a little heavy-handed, figuring out what we can continue to do to keep children and families safe, and we’re perfecting a good idea over time,” said Ellebracht.

Ellebracht believes there are potential constitutional issues with the legislation that will have to be addressed in the Senate, but he supports the concepts in the bill, including an amendment that broadens prohibitions on sex offenders participating in Halloween-related events.

“We’ve been having a problem with folks that are on the sex offender registry being prohibited from participating in Halloween-related activities on October 31, but on the Saturdays prior to when families go to their Trunk-or-Treats, they weren’t restricted and we had creeps showing up at various family events on the weekends prior to Halloween, so we cleaned up that language so we could keep them away from that stuff too,” said Ellebracht.

The bill also requires anyone on the registry who is convicted of child molestation in the first degree to be electronically monitored if he or she moves to a different county or city not within a county until that move is completed.

The Senate has referred the bill to its committee on Civil and Criminal Jurisprudence.

Earlier story:  

Missouri house considering reform of state’s sex offender registry

HB 2042 would also broaden background checks on childcare workers.  It includes the same language found in House Bill 2249, which has also been sent to the Senate.

See our story on HB 2249 by clicking here.

Missouri House considering reform of state’s sex offender registry

A bill that would give some sex offenders an opportunity to be removed from the sex offender registry is being considered by the Missouri House.

      The legislation would mirror the federal system which classifies offenders into three tiers based on their offenses:  less-serious offenses result in an offender being on the first tier, with those on the third tier having committed the most serious offenses.  Those on the first tier could petition the courts to be removed from the registry ten years after being placed on it.  Those on the second tier could petition after 25 years; those on tier three would remain on the registry for life.  Those who commit additional sex crimes or felonies while on the registry also cannot be removed.

The sponsor of House Bill 2042, St. Charles Republican Kurt Bahr, said providing a way for those guilty of less serious crimes to come off the registry would improve its quality.

“If you have someone in your neighborhood who’s on the list, you don’t know if they are a rapist or if they were drunk and they were peeing in public and now they’re a tier one offender,” said Bahr.  “If we can clean the list off of those people who have minor offenses then the list becomes more helpful because now you can say if this person’s on the list then they’re likely to be more worrisome.”

Bahr said offering some offenders a way off of the registry will also afford them a better chance of building a life and not committing more crimes.

“The signs of somebody likely to reoffend – not just in a sexual offense – but any criminal to reoffend is an issue of if they do not have a job, if they do not have housing, and if they do not have social interaction with others … and this list makes it harder for people to have a job, harder to have housing and harder to interact in society,” said Bahr.  “The public list makes it harder, especially for guys who are not likely to be reoffenders.”

Supporters of the legislation include the Missouri Attorney General’s Office, the Missouri Association of Prosecuting Attorneys, and the Missouri Association of Criminal Defense Lawyers.

Deputy Attorney General for Criminal Litigation Darrell Moore told the House Committee on the Judiciary that creating this petition process would ensure that the Highway Patrol and the Attorney General’s Office know when someone is trying to get off the registry.

He said with no mechanism in place for getting off the registry offenders who haven’t reached the federal 10- or 25-year thresholds are suing to be removed.  When that happens the Patrol and Attorney General’s Office aren’t notified until cases have been resolved, at which time the Attorney General must file motions to re-litigate the case.

Representative Kurt Bahr (photo; Tim Bommel, Missouri House Communications)

“Right now we have prosecutors unfortunately, and judges, entering judgments letting people off the registry that should not be off the registry,” Moore said.

Bahr said he became familiar with the issue and filed the legislation because he has a family member who is on the registry for what would be considered a tier one offense.

“I really didn’t know about the issue before that and then after that occurred I looked into it and saw that this particular person was going to be on the list for life, and what he did was wrong and stupid but not something that anybody would think should be a lifetime punishment,” said Bahr.  “Because of that I learned about the issue and saw the lack of justice in the fact that you have a growing number of people on these tier one or tier two who have no hope of having a more meaningful life because they are barred from polite society.  Because of that – because this list continues to grow and more and more people know somebody on the list – the effectiveness of the list decreases.”

Another provision of the bill creates a second trial stage to determine whether an individual convicted of a sex crime should be considered a predatory sexual offender.  The bill specifies that such offenders would be sentenced to life without the possibility of parole.

The process laid out by HB 2042 specifies that the family of any victim of an offender would be notified when that offender petitions for removal from the registry.  That family would have an opportunity to respond to the petition.  The bill is also written so that people who committed crimes outside the state could not petition in Missouri to be removed from the registry.

Attempts in past years to make changes to Missouri’s registry include one that reached the desk of then-governor Nixon, who vetoed it.  Bahr notes his bill is substantially different from that one.

The committee is expected to vote next week on HB 2042.  From there it faces another committee who could vote to send it to the full House for debate.

Additional audio:

Bahr said learning that he knows someone who is on the sex offender registry gave him a new perspective.

“Once you recognize that these offenders are real people too, and that while we can acknowledge what they did was wrong we can also acknowledge that they should not be punished to the same level as someone who committed a crime far more severe,” said Bahr.  “When it became more of a personal interest I looked into it and recognized the flaws in the system that we currently have and how we can make that system better both for the prosecutors and the public and those who have committed a crime but are working on being rehabilitated.”