MO
SS# 3 SB 888
passed both
SS#3/SB 888 - This act modifies provisions relating to the criminal and juvenile justice system.
FINGERPRINTING OF JUVENILES (SECTION 43.503)
Under current law, an arresting officer is required to take fingerprints to be sent to the central repository if an individual under seventeen years of age who is not currently certified as an adult is taken into custody for an offense that would be a felony if committed by an adult. This act requires that an officer take fingerprints from an individual under eighteen years of age for certain felony offenses. This act also repeals a provision that requires fingerprint cards to be made in a manner that does not reveal the juvenile's name to the central repository. Records of a juvenile that has been fingerprinted shall be closed records.
This provision is similar to HB 2498 (2026).
CERTIFICATION OF A JUVENILE AS AN ADULT (SECTION 211.071)
Under current law, if a petition or motion to modify alleges that a child between fourteen and eighteen years of age has committed a felony offense, the court may, upon its own motion or motion by the juvenile officer, the child, or the child's custodian, order a hearing, and exercise its discretion to dismiss the motion or petition to modify and order the child to the court of general jurisdiction. This act modifies the provision so that it applies to offenses that are a class A or B felony, a felony sexual offense, or three felony offenses arising from distinct acts committed within one hundred eighty days of each other. Under this provision, the office of the prosecuting or circuit attorney shall also have the authority to make a motion and present evidence on their motion. Further, this act provides that where a juvenile officer forwards to the prosecuting attorney a class A or B felony that is not certified, the prosecuting attorney must notify the juvenile officer within fourteen days of the decision to certify the case.
Under current law, the juvenile officer may consult with the prosecuting attorney concerning any offense for which the child could be certified as an adult. This act requires the juvenile officer to consult with the prosecuting or circuit attorney. Additionally, the prosecuting or circuit attorney shall be provided with a copy of the completed Missouri Juvenile Detention Assessment Form (JDTA) that was used in determining detention. Use of the JDTA to determine that a child may be held shall be used as a guideline and shall not be mandatory.
Under this act, the juvenile officer shall consider all legally sufficient charges submitted by law enforcement when utilizing the JDTA form and shall provide a copy of the form to the law enforcement agency once a determination has been made. Juvenile officers shall share criminal history data with the Missouri Uniform Law Enforcement System to create a juvenile criminal history database that shall be accessible by criminal justice and law enforcement agencies. Such records maintained by the central repository shall be closed.
JUVENILE DETENTION (SECTION 211.021, 211.331, 211.341, 211.342, & 211.436)
Currently, circuit judges of a judicial circuit may establish a place of juvenile detention for the counties within the circuit court. This act provides that the governing body of a county may provide for juvenile detention in coordination with all other counties within the same circuit court or with all counties of the same circuit court and all counties of an adjoining circuit court. The county governing body shall approve an ordinance, order, or resolution authorizing a place of detention, shall approve an agreement as specified in this act between the counties, and shall notify the presiding circuit judge.
The operation and support of a juvenile detention facility authorized pursuant to this act shall be regulated in accordance with the rules and standards of the Supreme Court of Missouri under the governance of the circuit judge. If two or more counties of adjoining judicial circuits have authorized a place of detention, the circuit judges shall jointly govern the affairs of the place of detention. Furthermore, the counties authorizing a place of detention pursuant to this section may impose, by order, a sales tax up to one percent on all retail sales.
This act provides that a child shall not be placed in leg restraints unless they are charged with a class A or class B felony, or they are determined to be an immediate safety or flight risk.
These provisions are similar to SB 1189 (2026) and SB 809 (2025).
JUVENILE COURT PROCEEDINGS (SECTION 211.319)
This act provides that all juvenile court proceedings for a criminal offense shall not be open to the general public.
LONG-TERM PROGRAM TREATMENT (SECTION 217.362 & 559.115)
The act repeals provisions that do not consider an offender's first incarceration in a Department of Corrections long-term substance abuse program or 120-day program as a previous prison commitment for the purpose of determining a minimum prison term.
PRISON TERMS (SECTION 217.690, 217.760, 557.011, 557.021, 558.011, 558.016, 558.019, 558.026, 558.046, 566.125)
Under current law, any felony offense that is defined outside of this code without a penalty provision is a class E felony. This act adds that any such offense shall also be subject to the imprisonment terms of chapter 558.
Under current law, when a person is found guilty of a felony and sentenced, there is a certain percentage range of the sentence that must be served prior to parole eligibility. This act repeals such provisions and provides that offenders shall serve the following percentage of the imposed term prior to eligibility for parole based upon the felony classification as follows:
1. Class A: 70%
2. Class B: 50%
3. Class C:
• 40% for an offense that requires registration as a sex offender;
• 30% for a first offense;
• 35% for a second offense; and
• 50% for a third or subsequent offense
4. Class D:
• 25% for an offense that requires registration as a sex offender;
• 20% for a first offense;
• 25% for a second offense; and
• 50% for a third or subsequent offense
5. Class E:
• 25% for an offense that requires registration as a sex offender;
• 15% for a first offense;
• 20% for a second offense; and
• 50% for a third or subsequent offense
This act also removes references to the minimum percentage ranges and replaces them with references to the eligibility percentages established in these provisions. Where a person is sentenced to concurrent sentences, such person shall serve the eligibility percentage of the longest sentence prior to parole eligibility. A person that is sentenced to consecutive sentences shall serve the minimum percentage for each felony prior to parole eligibility.
Under current law, there are certain offenses that contain higher parole eligibility percentages. These provisions allow these higher percentages to be unaffected by the new eligibility percentages. Where a person is sentenced to the term of imprisonment for a higher class than the one for which they were found guilty due to their status as a prior or persistent offender, they shall serve the parole eligibility percentage of the higher class.
Any person found guilty of a dangerous felony shall be required to serve eighty-five percent of the given sentence prior to parole eligibility. This act provides that a sentence of life imprisonment shall be calculated to be thirty years. Any sentence that is over seventy-five years shall be calculated to be seventy-five years.
Under current law, a court may sentence a person to an extended term of imprisonment if certain conditions are made. This bill requires that they court sentence a person to an extended term of imprisonment if certain conditions are met.
Sections 558.011 and 558.019 have a delayed effective date of January 1, 2028.
DANGEROUS FELONIES (SECTION 556.061)
This act modifies the definition of "dangerous felony" to include statutory rape in the first degree and statutory sodomy in the first degree. The requirement that the victim of statutory rape in the first degree or sodomy in the first degree be under 12 for the offense to be a dangerous felony is removed. A person found guilty of a "dangerous felony" is required to serve eighty-five percent of their sentence prior to eligibility for parole. Additionally, the act includes the following offenses in the definition of "dangerous felony":
• Abuse through forced labor;
• Trafficking for the purposes of slavery, involuntary servitude, peonage, or forced labor, or the attempt of such offense;
• Trafficking for the purposes of sexual exploitation, or the attempt of such offense, when the offense was effected by force, abduction, or coercion;
• Sexual trafficking of a child in the first degree;
• Sexual trafficking of a child in the second degree;
• Third offense of failing to register as a sex offender; and
• Endangering the welfare of a child in the first degree.
CONDITIONAL RELEASE (558.011)
This act provides that conditional release terms shall not apply to any person that commits certain class A or B felony offenses after January 1, 2028. Under this act, conditional release provisions are removed from certain sexual offenses and offenses involving children.
This provision is similar to SCS/SB 882, 894, & 1294 (2026) and HB 2637 & 3155 (2026).
JAIL TIME CREDIT (SECTION 558.031)
This act modifies jail time credit. This act requires the form developed by the Office of the State Courts Administrator for offenders committed to the Department of Corrections to include a sentencing calculation, including jail time credit supplemented by a certificate of a sheriff or custodial officer. The act further requires the court, when pronouncing a sentence, executing a suspended sentence, or suspending the imposition of a sentence, to record as part of the judgment, the number of days before the pronouncement of the sentence that the person was in custody related to the offense. Time in custody related to an offense means the time in which the offense was charged in a criminal proceeding, an arrest warrant was issued and served upon the person, and includes time served on house arrest. Time when a person was out on bond or otherwise released is not to be included.
Under this act, the court may take judicial notice of any time the defendant has served in custody by comparing arrest warrant service dates with files of release. Any defendant that was held in a juvenile detention facility prior to adjudication to stand trial as an adult may make a motion to receive credit for time served in such facility.
Under this act a person may challenge any jail time credit awarded or not awarded by filing a petition for a writ of habeas corpus.
Section 558.031 has a delayed effective date of January 1, 2028.
CRIMINAL OFFENSES (SECTION 566.030, 566.032, 566.060, 566.103, 566.203, 566.209, 566.210, 566.211, 568.045, 568.060 & 589.425)
Currently, the offense of rape in the first degree has a penalty of five years unless certain factors are present. This act modifies this provision by classifying it as a class A felony and increasing the penalty to ten years but not more than thirty years. Under current law, if rape in the first degree is an aggravated sexual offense the authorized term of imprisonment is life imprisonment or a term of years not less than fifteen years. This act removes "a term of years not less than fifteen years" and add "life imprisonment without eligibility for probation or parole. Under current law, a person that was found guilty of rape in the first degree when the child was less than twelve years old, was not eligible for probation or parole until the offender has served at lease thirty years of their sentence or has reached the age of seventy-five years and served at least fifteen years of their sentence. This act repeals this provision.
The authorized term of imprisonment for statutory rape in the first degree, under current law, is life imprisonment or a term of years not less than five years. This act replaces five years with ten years. Under current law, if statutory rape is an aggravated sexual offense the penalty is life imprisonment or a term of years not less than ten years. This act increases the ten years to fifteen years.
Under current law, a person that is found guilty of sodomy in the first degree when the child was less than twelve years old, shall be sentenced to life imprisonment and is not eligible for probation or parole until the offender has served at least thirty years of their sentence or has reached the age of seventy-five years and served at least fifteen years of their sentence. The provision relating to release is repealed. Under this act, the penalty for sodomy in the first degree when the child was less than twelve years old is life imprisonment with or without parole. Where a person commits the offense of sodomy in the first degree and the victim is less than twelve years of age, current law states that "life imprisonment" shall mean imprisonment for the duration of the offender's life. This provision is repealed.
The offense of promoting online sexual solicitation shall be a class E felony, and shall be punishable by imprisonment, fine, or both.
Under current law, the offense of abusing an individual through forced labor carries a penalty of five years to life imprisonment. This act increases the penalty to ten years to life imprisonment.
This act adds "intoxicating or inhibiting substances" to the list of means a person can use to commit the offense of trafficking for the purposes of sexual exploitation.
Under current law, the offense of sexual trafficking of a child in the second degree if effected by force, abduction, or coercion, carries a penalty of life imprisonment without eligibility for parole until the defendant has served at least twenty-five years. This act modifies that provision by requiring that the defendant serve at least eighty-five percent of a life sentence.
Under current law, a person commits the offense of endangering the welfare of a child if the person commits certain acts to a child that is less than seventeen years old. This act provides that a person commits the offense of endangering the welfare of a child if they commit certain acts to a child that is less than eighteen years old.
Currently, the offense of abuse or neglect of a child is a class D felony with eligibility for probation, parole, or conditional release after serving no less than a year of their sentence. This act repeals the provision allowing for release from imprisonment after serving one year.
This act classifies failing to register a sex offender as a third offense as a class A felony. Currently, a person convicted of failing to register a sex offender as a third offense is eligible for conditional release of parole after serving at least two years of imprisonment. This act repeals that provision.
This act contains a severance clause.
These provisions are similar to SB 1189 (2026), and SB 809 (2025) and contains provisions similar to SB 894 (2026), and SB 882 (2026), and HCS/HB 2637 & 3155 (2026).
TRISTAN BENSON, JR.
