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Title V MILITARY AFFAIRS AND POLICE

Chapter 43

Effective - 28 Aug 2004, 3 histories, see footnote (history) bottom

  43.540.  Criminal record review — definitions — patrol to conduct review, when, procedure, confidentiality, violation, penalty — patrol to provide forms. — 1.  As used in this section, the following terms mean:

  (1)  "Authorized state agency", a division of state government or an office of state government designated by the statutes of Missouri to issue or renew a license, permit, certification, or registration of authority to a qualified entity;

  (2)  "Care", the provision of care, treatment, education, training, instruction, supervision, or recreation;

  (3)  "Missouri criminal record review", a review of criminal history records and sex offender registration records pursuant to sections 589.400 to 589.425 maintained by the Missouri state highway patrol in the Missouri criminal records repository;

  (4)  "National criminal record review", a review of the criminal history records maintained by the Federal Bureau of Investigation;

  (5)  "Patient or resident", a person who by reason of age, illness, disease or physical or mental infirmity receives or requires care or services furnished by a provider, as defined in this section, or who resides or boards in, or is otherwise kept, cared for, treated or accommodated in a facility as defined in section 198.006, for a period exceeding twenty-four consecutive hours;

  (6)  "Provider", a person who:

  (a)  Has or may have unsupervised access to children, the elderly, or persons with disabilities; and

  (b)  a.  Is employed by or seeks employment with a qualified entity; or

  b.  Volunteers or seeks to volunteer with a qualified entity; or

  c.  Owns or operates a qualified entity;

  (7)  "Qualified entity", a person, business, or organization, whether public or private, for profit, not for profit, or voluntary, that provides care, placement, or educational services for children, the elderly, or persons with disabilities as patients or residents, including a business or organization that licenses or certifies others to provide care or placement services;

  (8)  "Youth services agency", any public or private agency, school, or association which provides programs, care or treatment for or which exercises supervision over minors.

  2.  A qualified entity may obtain a Missouri criminal record review of a provider from the highway patrol by furnishing information on forms and in the manner approved by the highway patrol.

  3.  A qualified entity may request a Missouri criminal record review and a national criminal record review of a provider through an authorized state agency.  No authorized state agency is required by this section to process Missouri or national criminal record reviews for a qualified entity, however, if an authorized state agency agrees to process Missouri and national criminal record reviews for a qualified entity, the qualified entity shall provide to the authorized state agency on forms and in a manner approved by the highway patrol the following:

  (1)  Two sets of fingerprints of the provider if a national criminal record review is requested;

  (2)  A statement signed by the provider which contains:

  (a)  The provider's name, address, and date of birth;

  (b)  Whether the provider has been convicted of or has pled guilty to a crime which includes a suspended imposition of sentence;

  (c)  If the provider has been convicted of or has pled guilty to a crime, a description of the crime, and the particulars of the conviction or plea;

  (d)  The authority of the qualified entity to check the provider's criminal history;

  (e)  The right of the provider to review the report received by the qualified entity; and

  (f)  The right of the provider to challenge the accuracy of the report. If the challenge is to the accuracy of the criminal record review, the challenge shall be made to the highway patrol.

  4.  The authorized state agency shall forward the required forms and fees to the highway patrol.  The results of the record review shall be forwarded to the authorized state agency who will notify the qualified entity.  The authorized state agency may assess a fee to the qualified entity to cover the cost of handling the criminal record review and may establish an account solely for the collection and dissemination of fees associated with the criminal record reviews.

  5.  Any information received by an authorized state agency or a qualified entity pursuant to the provisions of this section shall be used solely for internal purposes in determining the suitability of a provider.  The dissemination of criminal history information from the Federal Bureau of Investigation beyond the authorized state agency or related governmental entity is prohibited.  All criminal record check information shall be confidential and any person who discloses the information beyond the scope allowed is guilty of a class A misdemeanor.

  6.  The highway patrol shall make available or approve the necessary forms, procedures, and agreements necessary to implement the provisions of this section.

­­--------

(L. 1988 H.B. 1559 § 1, A.L. 1991 H.B. 566, A.L. 1994 S.B. 693, A.L. 1996 H.B. 1362, A.L. 2002 S.B. 758 merged with S.B. 969, et al., A.L. 2003 S.B. 184, A.L. 2004 H.B. 1055 merged with H.B. 1453)

CROSS REFERENCE:

No charge for background check of homeless former members of militia or Armed Forces, 610.103


---- end of effective   28 Aug 2004 ----

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43.540 6/6/2019
43.540 8/28/2018 6/6/2019
43.540 8/28/2004 8/28/2018

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