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.