Kelley wants sex offenders to know when they must register

State Rep. Mike Kelley wants to make sure people expected to be listed on the sex offender registry in Missouri know they must register.

“There have been cases in both directions, of people who were told that they would not have to register as a sex offender, as part of their plea bargain or part of their deal, then come to find out later they’re being required to register,” Kelley, R-Lamar, told the Senate’s Judiciary committee this week.

“There also have been cases of people who were released from prison that were supposed to register (but) saying they’ve never been told they were supposed to register.”

Missouri’s current law generally requires people to register as a sex offender if they, since July 1, 1979, have been “convicted of, been found guilty of, or pleaded guilty or nolo contendere to committing, attempting to commit, or conspiring to commit a felony offense” listed in Chapter 566 of the state law, “including sexual trafficking of a child and sexual trafficking of a child under the age of 12, or any offense of chapter 566 where the victim is a minor.”

That chapter includes rape, sodomy, child molestation, sexual misconduct and sexual abuse.

Kelley’s bill would add “at the time of adjudication” to the existing law requiring the court with jurisdiction over the case to inform a sex offender of the possible obligation to register as a sex offender.

Current law requires notification before a release or discharge from incarceration.

Kelley told the committee the language could have prevented situations that have already occurred.

“I had a prosecuting attorney who came to me saying they had a person, who was not a good person, living next to a school,” Kelley explained.

Current law prohibits a registered sex offender from moving to within 1,000 feet of a school or child care center, but Missouri’s constitutional prohibition against laws “retrospective in action” means a person living near a school before they were convicted of the sex offense doesn’t have to move.

Kelley noted, in the case the prosecutor brought to him, the “not a good person” could not be forced to move because “there was no proof that they needed to register, and they gave the argument that they had never been told, and they didn’t realize their crime would require it.”

Kelley said his proposal “is actually a safety net that goes in both directions. It’s not anti-sex offender and it’s not pro-sex offender.”

Kelley reminded the Senate committee the proposal had bipartisan support in the House — it passed March 15 on a 142-0 vote.

The Judiciary committee is meeting this morning to vote on recommending some bills for floor debate during the last two weeks of the legislative session.