HB 1697 -- Highway Patrol Records

Co-Sponsors:  Relford, Barnett, Fitzwater, Ransdall, Wagner,
Smith, Kissell

This bill makes a number of changes with respect to records kept
by the State Highway Patrol.

The bill:

(1)  Specifies that a state offense cycle number (OCN) must be
supplied or approved by the Highway Patrol, and defines the
"Missouri charge code" as a unique number assigned by the Office
of the State Courts Administrator to each offense for tracking
purposes (Section 43.500);

(2)  Requires that law enforcement agencies, in addition to the
information previously required, must now furnish charge codes
to the central repository for all arrests within 15 days.
Previously, the information was required within 30 days
(Sections 43.500, 43.505);

(3)  Provides procedures for filing information with the central
repository concerning juveniles and juveniles who have been
certified as adults, which must be done within 15 days.
Currently, information need not be provided unless the juvenile
is certified as an adult (Sections 43.503, 43.521);

(4)  Requires court clerks to furnish the Department of
Corrections or the Department of Mental Health with information
concerning the offense, including the charge code, within 15
days of the arrest.  Currently, this must be done within 30
days, and the charge code is not required (Section 43.503);

(5)  Provides that information, including fingerprints, be taken
from offenders at any time after entry into the criminal justice
system or being committed to the Department of Mental Health,
before final disposition or discharge.  If the information is
not obtainable at the time of processing, the bill requires it
to be obtained at arraignment, and be forwarded with the offense
cycle number to the central repository, the prosecuting or
circuit attorney, and the court clerk (Section 43.503);

(6)  Requires the Department of Corrections to supply the
central repository with all legal name changes, in addition to
information that must already be updated (Section 43.503);

(7)  Allows criminal justice agencies to report information to
the central repository with respect to offenders who have not
violated an offense categorized in the Missouri charge code
manual (Section 43.503);

(8)  Changes the offenses to be considered reportable to the
central repository (Section 43.506);

(9)  Requires the Criminal Records Advisory Committee to meet
annually.  Currently, it meets semiannually (Section 43.518);

(10)  Specifies that the Highway Patrol may spend the proceeds
of the Criminal Record Systems Fund for fingerprint searches
done by the central repository (Section 43.530);

(11)  Requires that information obtained from the central
repository must be used for legitimate purposes, and the subject
of the record may challenge its accuracy (Section 43.532);

(12)  Revises provisions concerning the submission of
fingerprints to the Highway Patrol for criminal background
checks by those seeking employment, licensure, or
certification.  Requests must be submitted to the central
repository.  The bill  specifies the department, agencies, and
committees that may request such information (Section 43.532);

(13)  Allows sheriffs to submit fingerprints of applicants
seeking a permit to acquire a concealable firearm to the central
repository and national criminal history files when the sheriff
deems appropriate.  Applicants must pay the fees for searches.
Sheriffs may refuse to issue the permit if waiting on the
results of a fingerprint search or there is a suspicion that
applicants pose a threat to themselves or others (Section
571.090); and

(14)  Specifies that closed arrest records be left open to
criminal justice and law enforcement agencies for the
administration of justice and employment purposes and for
fingerprint searches (Section 610.120).