HS/HCS/SB 184 - This act makes various changes in the law relating to criminal records and other records used by law enforcement.

This act repeals a section of law prohibiting the fingerprinting of a juvenile.

The charge for background checks for the administration of criminal justice or for state agencies screening employees or applicants for employment is waived.

Any person applying for a school bus driver permit must submit fingerprints for a background check with the State Highway Patrol and the Federal Bureau of Investigation.

This act defines an authorized state agency, provider and qualified entity and allows a qualified entity to obtain a Missouri criminal record review of a provider from the Highway Patrol. The qualified entity must request a criminal record review and a national criminal record review through a state agency. The provider must supply information to the authorized state agency and the agency then forwards the forms and fees to the Highway Patrol. The agency may also assess a fee to the qualified entity to cover the cost of the background check. All information obtained through this background check shall be used solely for internal purposes of determining the suitability of the provider. A person disclosing information beyond the scope allowed is guilty of a Class A misdemeanor.

This act adopts the National Crime Prevention and Privacy Compact.

Several state agencies are added to the list of entities requiring applicants to submit fingerprints for a criminal history check.

This act revises the Board of County Visitors, which inspects all corrective institutions supported by a county. The Board is given immunity from lawsuits as judicial officers. This act allows the Board of Visitors to address a memorial to the presiding judge, sheriff and county commissioners if there is a problem that may be injurious to the county and shall provide recommendations to the presiding judge of the circuit court, the sheriff and the county commission.

This act requires the Highway Patrol, upon appropriation, to post a statewide sexual offender list on the Internet. This will allow the public to search for registered sexual offenders by name, zip code and mile radius from any address. This act does limit the amount of information about a registered sexual offender to a photograph, name, address and crime committed.

Any two or more political subdivisions or subdivisions and the Highway Patrol to cooperate to form a multi-jurisdictional enforcement group for the investigation of computer and Internet law violations.

The Family Care Safety Registry is expanded to include a check of the sexual offender registry beginning January 1, 2004.

Law enforcement agencies of any higher education institution may obtain a copy of the sexual offender registry. A person on the registry must notify the sheriff if he or she is enrolled in a higher education institution or if the enrollment or employment status with a higher education institution has changed.

This act expands the list of entities that may access closed records. A criminal justice agency receiving a request for criminal history information may require fingerprints prior to releasing closed record information.

Any person who requests expungement of an arrest record must submit fingerprints at the time of filing a petition to expunge for the sole purpose of positively identifying the petitioner.

Applicants for a direct care position at a mental health facility shall sign a consent form to conduct a criminal background check and disclose his or her criminal history. The applicant is also required to disclose if he or she is listed on the employee disqualification list. It is a Class A misdemeanor for an applicant to knowingly fail to disclose his or her criminal history and it is a Class A misdemeanor for a provider to knowingly hire a person who has been disqualified from employment at a mental health facility.

This act contains provisions found in SCS/HB 697 (2003); SB 543 (2003); and HB 679(2003).
SARAH MORROW