SB 40
Modifies provisions relating to background checks
LR Number:
Last Action:
7/6/2023 - Signed by Governor
Journal Page:
Effective Date:
August 28, 2023
House Handler:

Current Bill Summary

HCS/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 provisions in the truly agreed to and finally passed CCS/HCS/SB 186 (2023), the truly agreed to and finally passed CCS/SB 28 (2023), SB 264 (2023), HCS/SS#3/SB 22 (2023), SCS/HS/HCS/HBs 1108 et al (2023), SCS/HB 81 (2023), the perfected HCS/HB 669 (2023), the perfected HCS/HB 497 (2023), and the perfected HB 70 (2023).

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 provisions in SCS/HB 81 (2023), SB 691 (2022), SCS/HCS/HB 2151 (2022), and 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 identical to provisions in the truly agreed to and finally passed CCS/HCS/SB 186 (2023), the truly agreed to and finally passed CCS/SB 28 (2023), and SCS/HB 81 (2023) and substantially similar to SB 464 (2023) and provisions in HCS/SS#3/SB 22 (2023), the perfected HCS/HB 669 (2023), and the perfected HS/HCS/HBs 1108 & 1181 (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 identical to provisions in HCS/HB 669 (2023) and substantially similar to provisions in SS/HB 81 (2023), HCS/SS/SB 213 (2023), HCS/SS/SB 198 (2023), SCS/HB 2623 (2022), and SCS/HCS/HB 2376 (2022), and similar to a provision in HCS/SS#2/SB 823 (2022).