To repeal sections 544.170, 567.010 and 567.020, RSMo 1994, relating to criminal offenses, and to enact in lieu thereof seven new sections relating to the same subject, with penalty provisions. All persons arrested and confined in any jail or other place of confinement by any peace officer, without warrant or other process, for any alleged felony violation of the criminal laws of this state or the United States, or other criminal offense which would amount to a felony, or on suspicion thereof, shall, notwithstanding the provisions of subsection 1 of this section, be discharged from such custody within thirty-two hours from the time of such arrest, unless charged with a criminal offense by the oath of some credible person, and be held by warrant to answer to such offense. Every such person shall, while so confined, be permitted at all reasonable hours during the day to consult with counsel or other persons in such person's behalf, and any person or officer who violates the provisions of this section by refusing to release any person who shall be entitled to such release, or by refusing to permit such person to see and consult with counsel or other persons, or who shall transfer any such prisoner to the custody or control of another, or to another place, or prefer against such person a false charge, with intent to avoid the provisions of this section, is guilty of a misdemeanor.
Prostitution is a class B misdemeanor.
A person who knows, or should have known, that such person had tested positive to the human immunodeficiency virus and commits the crime of prostitution is guilty of a class C felony. The judge may order a drug and alcohol abuse treatment program for any person found guilty of prostitution, either after trial or upon a plea of guilty, before sentencing. Upon the successful completion of such program by the defendant, the court shall allow the defendant to withdraw the plea of guilty or reverse the verdict and enter a judgment of not guilty. Any person who pleads guilty to or is found guilty of a violation of section 567.020 or 567.030 and who is alleged and proved to be a persistent prostitution offender is guilty of a class D felony. Any person arrested for a prostitution-related offense may, within the sound discretion of the court, be required to undergo HIV testing as a condition precedent to the issuance of bond for the offense.