Introduced

SECTION 105.003 - PROHIBITING STATE EMPLOYEES FROM BEING SEXUAL OFFENDERS - Under this section, before a state agency hires a person for a position with substantial direct contact with children under the age of sixteen, the agency must request a criminal background check.

If an applicant has not resided in this state for 5 consecutive years prior to the date of his or her application, the agency shall request a nationwide check for the purpose of determining if the applicant has a prior criminal history in other states. The patrol shall notify the submitting agency of any criminal history information or lack of criminal history information discovered on the individual. All records related to any criminal history information discovered shall be accessible and available to the agency making the record request. In the case of temporary employees hired through or contracted for an employment agency, the employment agency shall be subject to the provisions of this section prior to sending the employee to a state agency.

When a state agency requests a criminal background check, it may require the applicant to reimburse the state for the cost of such record check. When it requests a nationwide criminal background check, the total cost shall be paid by the state. However, the obligation of the state agency to obtain a nationwide criminal background check shall be subject to the availability of appropriations.

An applicant subject to this section shall sign a consent form so the state may request a criminal records review and disclose the applicant's criminal history.

Any state agency shall not hire any individual for a position with substantial direct contact with children less than sixteen years of age, who has pleaded guilty to or been found guilty of any offense for which a person must register as a sexual offender. Any state agency, board or commission shall be prohibited from hiring an applicant who fails to disclose his or her criminal history.

SECTION 285.028 - CIVIL LIABILITY OF PRIVATE EMPLOYERS WHO EMPLOY SEXUAL OFFENDERS - Under this section, before a private employer with more than 10 employees hires an individual for a position with substantial direct contact with children under the age of 16, the employer may request a criminal background check.

If an applicant has not resided in this state for 5 consecutive years prior to the date of his or her application, the employer may request a nationwide check for the purpose of determining if the applicant has a prior criminal history in other states. The patrol shall notify the submitting employer of any criminal history information or lack of criminal history information discovered on the individual. The records related to any criminal history discovered shall be accessible and available to the employer making the record request.

The employer may require the applicant to reimburse the employer for the cost of such record check.

An applicant for such a position must sign a consent form so the private employer may request a criminal records review and disclose the applicant's criminal history.

If an employer subject to this section hires any individual for a position with substantial direct contact with children less than sixteen years of age, the employer shall be held civilly liable for any damages resulting from a sexual offense committed by the employee that occurred because the employee had contact with the child through his or her employment and the employee is a person who has pleaded guilty to or been found guilty of any offense for which a person must register as a sexual offender.

SECTION 351.609 - EXPEDITING SEARCH WARRANTS OF FOREIGN CORPORATIONS - The provisions of this section shall apply to any search warrant issued to search for records that are in the actual or constructive possession of a foreign corporation that provides electronic communication services or remote computing services to the general public, where those records would reveal the information concerning the customers using the service. When properly served with a search warrant issued by a Missouri court, a foreign corporation shall provide to the peace officer to whom the search warrant was issued, all records sought pursuant to the warrant within 5 business days of receipt, including any records maintained or located outside the state.

For certain reasons, the time limit for production of the records may be shortened or extended.

A foreign corporation seeking to quash the warrant must seek relief from the court that issued the warrant within the time required for production of records under this section. The issuing court shall hear and decide that motion no later than five court days after the motion is filed.

A Missouri corporation that provides electronic communication services or remote computing services to the general public, when served with a warrant issued by another state to produce records that reveal the concerning customers using those services shall produce those records as if the warrant was issued by a court of this state.

No cause of action shall lie against any foreign corporation or Missouri corporation subject to this section, its officers, employees, agents, or other specified persons for providing records, information, facilities, or assistance in accordance with the terms of a warrant subject to this section.

SECTION 488.5362 - COURT SURCHARGE TO FUND SEXUAL OFFENDER ADDRESS REVIEW - This section imposes a $5 surcharge on all circuit court proceedings filed in all criminal cases in which the defendant pleads guilty to or is convicted of a felony or misdemeanor. The money collected by the court clerks shall be payable to the county treasurer, who shall hold the money is a separate fund. The money in the fund shall be used only to provide funding for the chief law enforcement officer of the county to review and verify the addresses of registered sexual offenders residing in the county.

This section is similar to provisions in TAT/SS/SCS/HCS/HB 1698 et al (2006).

SECTION 566.032 - STATUTORY RAPE IN THE FIRST DEGREE - This section increases the penalty for statutory rape in the first degree to a Class A felony. The penalty for a Class A felony is 10 to 30 years or life imprisonment.

SECTION 566.062 - STATUTORY SODOMY IN THE FIRST DEGREE - This section increases the penalty for statutory sodomy in the first degree from a Class B felony to a Class A felony. The penalty for a Class A felony is 10 to 30 years or life imprisonment.

SECTION 566.067 - CHILD MOLESTATION IN THE FIRST DEGREE - This section increases the penalty for child molestation in the first degree to a Class A felony. The penalty for a Class A felony is 10 to 30 years or life imprisonment.

SECTION 589.414 - UPDATE OF SEXUAL OFFENDER PHOTOGRAPHS - This section requires sexual offenders to annually update their photographs on file when they report in person to verify their information.

This section is similar to provisions in TAT/SS/SCS/HCS/HB 1698 et al (2006).

SECTION 589.575 - SEMI-ANNUAL REVIEW OF ADDRESSES - The chief law enforcement officer of the county shall review semi-annually the address of each registered sexual offender who resides in said county and verify whether the offender is residing at the address provided by him or her. Upon verification of the addresses of the county?s sexual offenders, the chief law enforcement officer shall forward a list of the names and addresses of offenders residing at his or her provided address and a list of offenders who are no longer residing at his or her provided address to the highway patrol.

SECTION 589.576 - SHARING SEXUAL REGISTRY INFORMATION - Upon semi-annually receiving the verified sexual offender addresses from the chief law enforcement officer of each county, the highway patrol shall compile and provide the names of such offenders who are no longer residing at the address provided to law enforcement to the attorney general or the head law enforcement agency of Tennessee, Kentucky, Illinois, Iowa, Nebraska, Kansas, Oklahoma, and Arkansas.

SUSAN HENDERSON MOORE