HB 2892

                                 SECOND REGULAR SESSION
                    HOUSE BILL NO. 2892
                           103RD GENERAL ASSEMBLY
                           INTRODUCED BY REPRESENTATIVE COLLINS.
 6577H.01I  JOSEPH ENGLER, Chief Clerk
                                            AN ACT
 To amend chapter 589, RSMo, by adding thereto three new sections relating to domestic
       abuse offender registration, with penalty provisions.
 Be it enacted by the General Assembly of the state of Missouri, as follows:
         Section A. Chapter 589, RSMo, is amended by adding thereto three new sections, to
2 be known as sections 589.750, 589.752, and 589.753, to read as follows:
         589.750. 1. The provisions of sections 589.750 to 589.753 shall be known as the
2 "Missouri Domestic Abuse Offender Registration and Accountability Act".
32. For purposes of sections 589.750 to 589.753, the following terms mean:
4(1) "Domestic abuse offense", a felony or class A misdemeanor offense under
5 chapter 565 involving physical injury, threat of physical injury, or sexual assault
6 committed by one family or household member against another;
7(2) "High-risk offender", an offender convicted of a domestic abuse offense who:
8(a) Has two or more prior convictions for a domestic abuse offense; or
9(b) Has been determined through an evidence-based risk assessment approved
10 by the department of public safety to present a high risk of recidivism;
11(3) "Law enforcement agency", any city, county, or state police department or
12 law enforcement entity authorized to enforce laws within the state;
13(4) "Offender", a person determined by a court to meet the definition of a high-
14 risk offender under this section;
15(5) "Registration", the process by which an offender provides personal
16 information to the department of public safety for inclusion in a secure and confidential
17 database accessible only to authorized law enforcement personnel.
 EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
 intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.
HB 2892  2
183. A sentencing court may order a high-risk offender to register with the
19 department of public safety as provided under this section.
204. (1) Prior to ordering registration under this section, the sentencing court shall
21 conduct a hearing to determine whether:
22(a) The person meets the definition of a high-risk offender; and
23(b) Registration is necessary to protect public safety.
24(2) At the hearing, the offender shall have the right to counsel and the right to
25 present evidence relevant to risk and rehabilitation.
26(3) The sentencing court shall make written findings of fact supporting any
27 order requiring registration under this section.
285. Any person ordered to register with the department of public safety under this
29 section shall register within seventy-two hours of the date of his or her conviction or of
30 his or her release from incarceration, whichever occurs later.
316. Offenders shall provide to the department of public safety the following
32 information when registering:
33(1) Full legal name and any aliases;
34(2) Date of birth;
35(3) Current residential address and any past addresses from the preceding five
36 years;
37(4) Current employment information;
38(5) Current vehicle information, including license plate number and vehicle
39 identification number for each vehicle leased or owned by the offender; and
40(6) Any other information deemed necessary by the department of public safety.
417. Offenders shall update their registration information with the department of
42 public safety within ten days of any change to the information required under
43 subsection 6 of this section. The department shall provide reasonable procedures and
44 assistance for offenders who are homeless, without stable housing, or otherwise unable
45 to comply strictly with such requirement.
468. Offenders shall be required to maintain registration for a duration of five
47 years following the completion of their sentence, probation, or parole, unless otherwise
48 ordered by the court.
499. After three years of demonstrated compliance and no new offenses, an
50 offender may petition the sentencing court for removal from the registry. The
51 department of public safety shall annually review registrations and may recommend
52 early termination for compliant offenders who are assessed as low risk.
       589.752. 1. The department of public safety shall maintain a secure and
 2 confidential electronic database of registered domestic abuse offenders. Access to the
HB 2892  3
3 database shall be restricted to law enforcement agencies and courts for purposes of
4 investigation, supervision, or victim safety planning. No information contained in the
5 registry shall be publicly disclosed or used to identify or locate any victim of domestic
6 abuse.
72. The department of public safety shall notify victims prior to the release of any
8 offender information to law enforcement. The department shall coordinate with
9 certified victim service organizations to provide safety planning, notification, and
10 support.
113. An offender who knowingly and willfully fails to register or update
12 information as required under sections 589.750 to 589.753 shall be subject to:
13(1) For a first violation of the requirement to register or update information, a
14 civil fine not exceeding five hundred dollars, with written notification and fifteen days to
15 correct such violation before any penalty is imposed; and
16(2) For a second or subsequent willful violation of the requirement to register or
17 update information, a class A misdemeanor punishable by imprisonment not to exceed
18 one year and a fine not to exceed one thousand dollars.
194. The department of public safety shall establish procedures to assist offenders
20 in maintaining compliance with registration requirements, including reminders,
21 counseling, and verification programs.
          589.753. 1. The department of public safety shall allocate necessary funding and
2 resources to implement and maintain the domestic abuse offender registration system
3 including, but not limited to, funding for personnel, technology, and training.
42. Funding authorized under this section shall not reduce or replace
5 appropriations for victim services, prevention, or domestic violence intervention
6 programs.
73. The state auditor shall conduct a performance audit of the registry every three
8 years to evaluate compliance, costs, and effectiveness.
94. The department of public safety shall submit a biennial report to the general
10 assembly detailing:
11(1) Recidivism rates of registered offenders;
12(2) The registry's effectiveness in assisting law enforcement and protecting
13 victims; and
14(3) Recommendations for continuation, modification, or repeal of the registry
15 program.
165. Under section 23.253 of the Missouri sunset act:
HB 2892  4
17(1) The provisions of the new program authorized under sections 589.750 to
18 589.753 shall sunset six years after the effective date of sections 589.750 to 589.753
19 unless reauthorized by an act of the general assembly; and
20(2) Sections 589.750 to 589.753 shall terminate on September first of the
21 calendar year immediately following the calendar year in which the program authorized
22 under sections 589.750 to 589.753 is sunset.
236. The director of the department of public safety may promulgate all necessary
24 rules and regulations for the administration of this section. Any rule or portion of a
25 rule, as that term is defined in section 536.010, that is created under the authority
26 delegated in this section shall become effective only if it complies with and is subject to
27 all of the provisions of chapter 536 and, if applicable, section 536.028. This section and
28 chapter 536 are nonseverable and if any of the powers vested with the general assembly
29 pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul
30 a rule are subsequently held unconstitutional, then the grant of rulemaking authority
31 and any rule proposed or adopted after August 28, 2026, shall be invalid and void.
                                             ✔