DISPOSITIONS (Section 43.225)

This act provides that any guilty plea, finding of guilt, suspended execution of sentence, conditional sentence, sentence of confinement, and any other such felony disposition shall be forwarded to the Department of Revenue within 7 days by the clerk of the court in which the proceeding was held. From there, the Department of Revenue shall forward the records to the Missouri State Highway Patrol within 15 days of their receipt, where they shall be entered into the Missouri Uniform Law Enforcement System records.

The act creates the offense of refusal to furnish records of disposition. A person commits such offense if they are required to furnish records to the Missouri State Highway Patrol or Department of Revenue and purposely refuses to furnish such records. The offense of refusal to furnish records of disposition is a Class D misdemeanor.

DEFINITIONS (Sections 43.500-43.530)

Currently, certain definitions relating to criminal history apply to criminal records and central repository provisions of law. This act also applies such definitions to provisions relating to the statewide law enforcement emergency hotline and the sex offender registry.

Currently, "central repository" is defined as the division within the Missouri State Highway Patrol that is responsible, in part, for compiling, maintaining, and disseminating criminal incident and arrest reports. This act repeals this responsibility of the division.

DRUG TREATMENT COURTS (Section 43.504)

Currently, sheriffs and circuit court judges may make available criminal history information obtained from the central repository to private entities responsible for probation supervision. This act also allows such information to be made available to private entities providing services associated with drug treatment courts.

LAW ENFORCEMENT AGENCIES (Section 43.535)

Currently, law enforcement agencies may perform a Missouri criminal record review for only open records for purposes of hiring municipal or county governmental employees. This act repeals this provision.

CRIMINAL RECORD REVIEWS (Sections 43.527 and 43.540)

Currently, certain entities may request a Missouri criminal record review through the Missouri State Highway Patrol, or a Missouri and national criminal record review through an authorized state agency. This act repeals these provisions.

This act provides that criminal justice agencies may request a criminal records review free of charge so long as the request is for the administration of criminal justice which this act modifies to include "the process of employing law enforcement personnel".

Under this act, the central repository shall have the authority to submit an applicant's fingerprints to the National Rap Back program to be retained for the purpose of being searched against future submissions. Further, this act allows certain qualified entities to conduct Missouri and national criminal record reviews on applicants, and participate in the Missouri and National Rap Back programs for the purpose of determining suitability or fitness for a permit, license, or employment. The Missouri Rap Back program shall include an automatic notification made by the Missouri State Highway Patrol to an entity indicating that the applicant has been arrested for a criminal offense in Missouri. The National Rap Back program shall include an automatic notification made by the Federal Bureau of Investigation through the Missouri State Highway Patrol to an entity that an applicant has been arrested for a criminal offense outside of Missouri. Under this act, participation in the criminal record review and Rap Back process shall be voluntary, and any Rap Back notification received by an entity shall allow them to receive an individual's updated criminal history record under certain conditions.

The entities that may request such criminal record reviews include any office or division of the state, county, or municipal government that issues or renews licenses, permits, certifications, or registrations, any such entity that makes fitness determinations on applications for employment for government employees, any entity that screens persons seeking issuance or renewal of a license or permit or to purchase a firearm, or any entity that is authorized to conduct fingerprint background checks under federal law.

In order to conduct such criminal record reviews, the entity shall abide by certain requirements, including registering with the Missouri State Highway Patrol, notifying applicants that such applicant's fingerprints will be retained by the central repository, the Federal Bureau of Investigation, and the National Rap Back program, if enrolled, and notifying any applicant of his or her right to obtain a copy of any criminal record review and his or her ability to challenge the accuracy of such information. Further, the entity shall submit a request for screening on an applicant using a completed fingerprint card, along with a fee. Upon submission, the Missouri State Highway Patrol shall provide to the entity the applicant's criminal history records. An applicant's fitness based upon his or her criminal history record shall be made by the entity. An entity shall not be liable for damages solely for failing to obtain an applicant's information authorized under this act.

Under this act, any criminal record review shall include the submission of fingerprints to the Missouri State Highway Patrol, which shall conduct a review and also forward such fingerprints to the Federal Bureau of Investigation. Further, any applicant subject to such review shall provide certain information to the entity as set forth in this act.

FINGERPRINTING (Sections 43.543 & 192.2495-313.810)

Currently, two sets of fingerprints are required for the purpose of checking a person's criminal history. This act repeals this requirement.

The above provisions are substantially similar to SB 888 (2018) and SS/SCS/HB 1350 (2018).

EXPUNGEMENT OF CONCEALED WEAPONS CONVICTIONS (Section 610.140)

This act allows individuals found guilty of the offense of unlawful use of a weapon by the carrying of a concealed weapon prior to January 1, 2017, to apply for an order to expunge records relating to such offense.

This provision is identical to SB 954 (2018), HB 2584 (2018), and a provision of SS/SCS/SB 966 (2018).

MIKE WEAVER