SB 888 Modifies provisions relating to criminal history records
Sponsor: Rowden
LR Number: 5668S.01I Fiscal Notes
Committee: Judiciary and Civil and Criminal Jurisprudence
Last Action: 2/12/2018 - SCS Voted Do Pass S Judiciary and Civil and Criminal Jurisprudence Committee (5668S.02C) Journal Page:
Title: Calendar Position:
Effective Date: August 28, 2018

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Current Bill Summary


SCS/SB 888 - This act modifies provisions relating to criminal history records.

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.

This act adds that the "administration of criminal justice" shall include the screening of employees or applicants seeking employment with criminal justice agencies.

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 through the MULES system for only open records for purposes of hiring municipal or county governmental employees. This act requires such requests go through the central repository's automated criminal history system.

CRIMINAL RECORD REVIEWS (Section 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.

Under this act, the central repository shall have the authority to submit an applicant's fingerprints, as defined in this act, 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 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.

MIKE WEAVER