SS/SCS/SB 40 -Under current law, an entity participating in the Missouri Rap Back Program may request a person's updated criminal history record if the person has previously had a Missouri and national criminal record review within the previous six years. This act repeals the six year requirement.

This provision is identical to SB 264 (2023).

Current law requires every school district to adopt a policy about how and what information the district releases to other school districts about former employees. Beginning January 1, 2024, this act also requires such policies to include information about screened volunteers. A "screened volunteer" is defined in the act as any individual who assists a school by providing an uncompensated service, who may periodically be left alone with students, and who has successfully completed a criminal background check. The act applies to screened volunteers existing requirements related to allegations of sexual misconduct.

This act also establishes "Emilyn's Law," which designates as mandated reporters all employees of statewide athletic associations that receive public money and have at least one public school district as a member. The act requires such associations to conduct a criminal background check on any person who applies for a position as a coach, a member of coaching staff, or a screened volunteer before hiring such person or allowing such person to serve as a screened volunteer. Statewide activities associations shall additionally conduct an annual check of current staff members against criminal history records in the central repository, the sexual offender registry, and child abuse central registry. The act provides that a statewide activities association shall not hire a person or allow a person to serve as a screened volunteer if such person has been found guilty of one of the crimes specified in the act. If, as a result of a criminal background check, it is determined that a coach, a member of coaching staff, or a screened volunteer has been found guilty of a crime specified in the act, such crime shall be grounds for dismissal of such person from their position.

These provisions are substantially similar to SB 417 (2023) and similar to HB 139 (2023) and HCS/HB 1955 (2022).

Under this act, school districts shall ensure that a state criminal history background check consisting of open records is conducted on any person who is 18 years old or older who is not counted in the school district's average daily attendance when such person requests enrollment in a course that will take place on school property at a time when K-12 students are present. Such background check shall be processed through the Missouri State Highway Patrol, and the person seeking admission shall pay the fees for such background checks as provided in current law. A person found to have been convicted of a crime or offense for which a certificate of license to teach would be revoked or not issued shall be prohibited from enrolling in the course.

This provision is identical to SB 691 (2022), a provision in SCS/HCS/HB 2151 (2022), and a provision in SCS/HB 2623 (2022) and similar to SCS/SB 136 (2021), HB 1483 (2020), and HCS/HB 836 (2019).

Under this act, the Department of Health and Senior Services shall require all employees, contractors, owners, and volunteers of marijuana facilities to submit fingerprints to the Highway Patrol for a state and federal criminal background check. The Highway Patrol shall notify the Department of any criminal history record information or lack thereof discovered on the individual. All such records shall be accessible and available to the Department.

This provision is substantially similar to SB 464 (2023).

Finally, this act modifies provisions of current law relating to background checks of individuals in connection with licensed residential care facilities and licensed child placing agencies. Current law requires officers, managers, and support staff to undergo background checks and this act repeals that provision. This act requires the background check to include a state background check.

This provision is substantially similar to HB 81 (2023), a provision in SCS/HB 2623 (2022), and SCS/HCS/HB 2376 (2022) and similar to a provision in HCS/SS#2/SB 823 (2022).


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