SB 543 - This act makes several changes to criminal background checks.

HIGHWAY PATROL The act adds the definitions of "administration of criminal justice" and "Missouri charge code". The Missouri charge code is a unique number assigned by the state court administrator to an offense for tracking purposes (Section 43.500).

ARREST, CHARGE AND DISPOSITION OF MISDEMEANORS AND FELONIES (including juveniles) - The act requires law enforcement agencies and the clerk of court to submit certain criminal arrest, charge and disposition information to the central repository within 15 days for the purpose of maintaining complete and accurate criminal history record information (Section 43.503).

If the person being reported is a juvenile and not certified as an adult, the name of the juvenile shall not be made available to the central repository. The name shall be provided to the court of jurisdiction by the agency taking the juvenile into custody.

If the individual is certified as an adult, the court shall order a law enforcement agency to fingerprint the individual. Once fingerprinted, the law enforcement agency shall submit such fingerprints to the central repository within 15 days.

CRIMES TO BE REPORTED, METHODS OF REPORTING AND EXEMPTIONS This section makes some technical changes (Section 43.506).

PAYMENTS FOR RECORDS, EXCEPTIONS - Removes the charge for information from the criminal registry for information supplied to criminal justice agencies or for state agencies screening state employees or applicants (Section 43.527).

FEES, METHOD OF PAYMENT-CRIMINAL RECORD SYSTEM FUND - The act limits the amount the highway patrol may charge of a criminal history check to $5 for a non-fingerprint search and $14 for a fingerprint search (Section 43.530).

WHEN RECORDS MAY BE OBTAINED - This section requires the criminal history and identification records obtained from the central repository to be used only for the purpose for which they were obtained. This allows the subject of the record to challenge the accuracy of the criminal history record (Section 43.532).

This section also gives the criminal records repository exclusive authority to engage in collecting, assembling, or disseminating criminal history records. It is a Class A misdemeanor for a person to collect or disseminate criminal history record information to anyone other than the original requestor.

CRIMINAL CONVICTION RECORD CHECKS - The act defines "authorized state agency", "care", "national criminal record review", and "qualified entity" and expands the definition of "provider" to include any person who is employed by or seeks employment with a qualified entity; any person who volunteers with a qualified entity, owns or operates a qualified entity; or a person who has unsupervised access to children or the elderly.

A qualified entity may obtain a criminal record review of a provider from the Highway Patrol by furnishing the information on forms that are approved by the Highway Patrol. If an authorized state agency agrees to process state and national criminal record it may assess a fee (Section 43.540).

CERTAIN AGENCIES TO SUBMIT FINGERPRINTS - The act allows the following agencies to require applicants to submit fingerprints for a criminal history check: Division of Professional Registration, Department of Social Services, the State Supreme Court, Department of Elementary and Secondary Education, Missouri Lottery, and other appointments or persons seeking employment with a criminal justice agency (Section 43.543).

TEACHERS - The act prohibits school employees from having unsupervised contact with students until a criminal history background check has been completed. The person shall submit two sets of fingerprints, one for the Highway Patrol, the other for the FBI. The individual is required to pay the processing fee, but may be reimbursed by the employing school. If the background check reveals a charge or disposition, the information will be reported to the Department of Elementary and Secondary Education. A school official making a report to DESE under this section shall not be held civilly liable. This section gives DESE rulemaking authority. The effective date of this section is January 1, 2004 (Section 168.283).

CHILD PROTECTION AND REFORMATION - EMERGENCY PLACEMENT BACKGROUND CHECKS - This section allows the juvenile court or DFS to request a name-based criminal history record check, including orders of protection and outstanding warrants of each individual 18 years of age or older using MULES or the National Crime Information Center (NCIC) if there is an emergency placement of a child in a private home. If the name-based search is conducted, within five business days after the emergency placement of the child, all individuals age 18 or over residing in the home shall provide two sets of fingerprints to local law enforcement. One set of prints is used to search the criminal history repository and the second is forwarded to the FBI. If any person fails to comply, the child shall be removed immediately.

If a placement is denied based on the name-based criminal history check and the denial is contested, persons residing in the residence over the age of 18 shall submit two sets of fingerprints to be checked with the criminal history repository and the FBI (Section 210.482).

ORDERS OF PROTECTION - This section requires the Division of Family Services to conduct a search for any adult in the applicants's household for orders of protection. The request is made through the Office of State Courts Administrator and a response is provided to the division within 10 days of a request. The Division shall also obtain two sets of fingerprints, one for the criminal history repository and one for the FBI. This section allows the division to make arrangement with other branch agencies to obtain any investigative background information. This also gives the Division rulemaking authority (Section 210.487).

FAMILY CARE SAFETY ACT - FAMILY CARE SAFETY REGISTRY - The act adds several definitions including "designated release", "registration-exempt worker" and "human services provider". A "registration-exempt worker" is any person not required to register with the family care safety registry (Section 210.900).

The act allows human services providers to request a background screening on registration-exempt workers (Section 210.906).

The act allows the Department to determine history and background for registration-exempt workers with a completed designated-release form (Section 210.909).

RELEASE OF REGISTRY INFORMATION - The act allows the release of screening information to be used for purposes other than employer-employee relationship with the written permission of the applicant (Section 210.921).

USE OF REGISTRY INFORMATION - The act allows the Department of Health and Senior Services, the Department of Mental Health and the Department of Social Services to use registry information (Section 210.922).

SCHOOL BUS DRIVER PERMIT - Requires individuals obtaining a school bus driver permit to submit two sets of fingerprints to the highway patrol. The first is used to search the criminal history repository and the other is forwarded to the FBI. The applicant shall pay a fee. This section gives rulemaking authority to the Director of the Department of Revenue (Section 302.272).

GOVERNMENTAL BODIES AND RECORDS RECORDS TO BE CONFIDENTIAL Makes closed records in Section 43.570, RSMo, available to agencies including: criminal justice agencies, person seeking criminal justice employment, screening persons with access to criminal justice facilities, law enforcement agencies for issuance or renewal of a licence, permit, certification, sentencing commission, Department of Revenue for drivers license administration and the Department of Health and Senior Services for the purpose of licencing and regulating facilities and regulating in home service providers.

A criminal justice agency receiving a request for criminal history information may require positive identification including fingerprints (Section 610.120).

PROCEDURE TO EXPUNGE - This section adds fingerprinting to the requirements for a person wishing to have an arrest expunged from his or her record (Section 610.123).

DEPARTMENT OF MENTAL HEALTH RECORDS CONFIDENTIAL - This section allows the Department of Health and Senior Services to report investigations of abuse, neglect or rights violations of patients that are civilly detained (Section 630.140).

INVESTIGATION OF REPORT-ABUSE PREVENTION - Adds the Department of Health and Senior services (Section 630.167).

DISQUALIFICATION FOR EMPLOYMENT BECAUSE OF CONVICTION Adds the disqualification of a pleading not guilty or nolo contendre to any crime. Adds felonies of incest, first and second degree pharmacy robbery, causing a catastrophe, first degree burglary and abuse or neglect of residence as disqualifying crimes. This section also adds that a person receiving an suspended imposition of sentence or suspended execution of sentence of any of the crimes listed in this section is disqualified from employment.

This section requires applicants for a direct care position to 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.

Within two days of hiring for a position having contact with patients, any public or private residential facility shall: (1) request a criminal background check; (2) make an inquiry to the Department of Social Services and Department of Health and Senior Services where the person is on the disqualification list; and (3) inquire the Department of Mental Health whether the person is listed on the disqualification registry.

If an applicant knowingly fails to disclose his or her criminal history is guilty of a Class A misdemeanor. A provider is guilty of a Class A misdemeanor if he or she knowingly hires a person that has been disqualified (Section 630.170).

DEPARTMENT OF SOCIAL SERVICES CRIMINAL BACKGROUND CHECKS OF EMPLOYEES - The act removes public or private facility, day program, residential facility funded or licensed by the Department of Mental Health from the provider section (Section 660.317).
SARAH MORROW