Introduced

SECTION 105.003 - Criminal Background Checks for State Employees

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. A "position with substantial direct contact with children" is defined as any position where the employee is in the physical presence of or within close proximity to a child or children at least 50% of the time he or she is working.

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 highway 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.

A 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. A state agency, board or commission shall be prohibited from hiring an applicant who fails to disclose his or her criminal history.

SECTION 285.028 - Criminal Background Checks for Private Employees

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 shall 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 highway 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.

SUSAN HENDERSON MOORE