Saturday, February 22, 2020

West Plains Republican's bill designed to protect Missourians from sex offenders

(From Rep. David Evans, R-West Plains)

It will be another busy week in the Capitol.

On Tuesday, February 25, I’m scheduled to present HB 1289 on the House Floor for perfection, and House Bills 1519 and 1520 in the Judiciary Committee for hearing. Please note that you can always check it out and watch live House debate and hearings on the internet by going to the state House website.

I was asked by the Missouri Highway Patrol to file HB 1289, and it is one of their department priorities this year. The Missouri Highway Patrol is required by law to oversee the Sexual Offender’s Registry for the State of Missouri as well as the federal registry.








This bill both strengthens and clarifies the registry. I filed this bill late last year, and it passed the House with only 1 dissenting vote. However, it is a complicated bill and didn’t get through the Senate before the end of session. We are hoping that an early start this year will make the difference.

HB 1519 and HB 1520 are companion bills that I filed for the first time this year. You may have recently heard on the news that sheriffs and other law enforcement officers have been seriously concerned about the “catch and release” problem in Missouri. The complaint is simple—we must do a better job of protecting our communities. Specifically, offenders (especially repeat offenders) are being released from jail and prison without proper safeguards in place. Since the end of last session, this is something I’ve been receiving complaints about and have been working hard to help better protect our communities and victims.

If as some argue, the hands of local judges and probation and parole officers have been tied, these bills seek to untie those hands. These bills require judges and probation/parole officers to consider in each and every case any and all important safety (and danger) facts. If he or she is a repeat offender, it must be considered. If already on probation and a new crime is charged, then that must be considered. If there is violence involved, it must be considered in setting release terms. The bills assure that local judges, probation officers, and parole officers have the discretion to make common sense local bond and release decisions. Again, the two bills are set for hearing in House Judiciary Committee on February 25 starting usually at 4 pm. You are invited to watch on-line.

I’ll also mention a big change in how our criminal laws work in this state that becomes effective the end of this year. In 2018 (before my time in the House), a bill was passed and enacted that changed our juvenile and criminal procedures. Beginning January 1st of this coming year and for all criminal purposes, a juvenile or “child” is defined as a person under the age of “18” while under current law its under “17.” As an example today, if a 17 ½ year old commits a serious crime or offense, then that adult goes to adult criminal court as a defendant. On 1/1/21, if a 17 ½ year old commits a crime, then the juvenile goes to juvenile court as an alleged delinquent. The purpose of juvenile court is rehabilitation and treatment not punishment. Juveniles also have different rules that apply because of their age. A juvenile cannot be placed in an adult jail, and other placement options must be considered. Treatment options and additional supervision strategies must be considered and budgeted. There are also different questioning requirements of juveniles that apply to law enforcement officers.

I’ll be working with a group in the House over this session to help plan for everything that needs to change in both the juvenile and adult systems before the 2018 law goes into effect at the end of the year.

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