*START SB0557

SB 557 - This act modifies laws against sexual offenders.

SECTION 105.003 - PROHIBITING STATE EMPLOYEES FROM BEING SEXUAL
OFFENDERS - Under this section, before a state agency hires a
person for a position with substantial direct contact with
children under the age of sixteen, the agency must request a
criminal background check.

If an applicant has not resided in this state for 5 consecutive
years prior to the date of his or her application, the agency
shall request a nationwide check for the purpose of determining
if the applicant has a prior criminal history in other states.
The patrol shall notify the submitting agency of any criminal
history information or lack of criminal history information
discovered on the individual.  All records related to any
criminal history information discovered shall be accessible and
available to the agency making the record request.  In the case
of temporary employees hired through or contracted for an
employment agency, the employment agency shall be subject to the
provisions of this section prior to sending the employee to a
state agency.

When a state agency requests a criminal background check, it may
require the applicant to reimburse the state for the cost of
such record check.  When it requests a nationwide criminal
background check, the total cost shall be paid by the state.
However, the obligation of the state agency to obtain a
nationwide criminal background check shall be subject to the
availability of appropriations.

An applicant subject to this section shall sign a consent form
so the state may request a criminal records review and disclose
the applicant's criminal history.

Any state agency shall not hire any individual for a position
with substantial direct contact with children less than sixteen
years of age, who has pleaded guilty to or been found guilty of
any offense for which a person must register as a sexual
offender.  Any state agency, board or commission shall be
prohibited from hiring an applicant who fails to disclose his or
her criminal history.

SECTION 285.028 - CIVIL LIABILITY OF PRIVATE EMPLOYERS WHO
EMPLOY SEXUAL OFFENDERS - Under this section, before a private
employer with more than 10 employees hires an individual for a
position with substantial direct contact with children under the
age of 16, the employer may request a criminal background check.


If an applicant has not resided in this state for 5 consecutive
years prior to the date of his or her application, the employer
may request a nationwide check for the purpose of determining if
the applicant has a prior criminal history in other states.  The
patrol shall notify the submitting employer of any criminal
history information or lack of criminal history information
discovered on the individual.  The records related to any
criminal history discovered shall be accessible and available to
the employer making the record request.

The employer may require the applicant to reimburse the employer
for the cost of such record check.

An applicant for such a position must sign a consent form so the
private employer may request a criminal records review and
disclose the applicant's criminal history.

If an employer subject to this section hires any individual for
a position with substantial direct contact with children less
than sixteen years of age, the employer shall be held civilly
liable for any damages resulting from a sexual offense committed
by the employee that occurred because the employee had contact
with the child through his or her employment and the employee is
a person who has pleaded guilty to or been found guilty of any
offense for which a person must register as a sexual offender.

SECTION 351.609 - EXPEDITING SEARCH WARRANTS OF FOREIGN
CORPORATIONS - The provisions of this section shall apply to any
search warrant issued to search for records that are in the
actual or constructive possession of a foreign corporation that
provides electronic communication services or remote computing
services to the general public, where those records would reveal
the information concerning the customers using the service.
When properly served with a search warrant issued by a Missouri
court, a foreign corporation shall provide to the peace officer
to whom the search warrant was issued, all records sought
pursuant to the warrant within 5 business days of receipt,
including any records maintained or located outside the state.

For certain reasons, the time limit for production of the
records may be shortened or extended.

A foreign corporation seeking to quash the warrant must seek
relief from the court that issued the warrant within the time
required for production of records under this section.  The
issuing court shall hear and decide that motion no later than
five court days after the motion is filed.

A Missouri corporation that provides electronic communication
services or remote computing services to the general public,
when served with a warrant issued by another state to produce
records that reveal the concerning customers using those
services shall produce those records as if the warrant was
issued by a court of this state.

No cause of action shall lie against any foreign corporation or
Missouri corporation subject to this section, its officers,
employees, agents, or other specified persons for providing
records, information, facilities, or assistance in accordance
with the terms of a warrant subject to this section.

SECTION 488.5362 - COURT SURCHARGE TO FUND SEXUAL OFFENDER
ADDRESS REVIEW - This section imposes a $5 surcharge on all
circuit court proceedings filed in all criminal cases in which
the defendant pleads guilty to or is convicted of a felony or
misdemeanor.  The money collected by the court clerks shall be
payable to the county treasurer, who shall hold the money is a
separate fund.  The money in the fund shall be used only to
provide funding for the chief law enforcement officer of the
county to review and verify the addresses of registered sexual
offenders residing in the county.

SECTION 566.032 - STATUTORY RAPE IN THE FIRST DEGREE - This
section increases the penalty for statutory rape in the first
degree to a Class A felony.  The penalty for a Class A felony is
10 to 30 years or life imprisonment.

SECTION 566.062 - STATUTORY SODOMY IN THE FIRST DEGREE - This
section increases the penalty for statutory sodomy in the first
degree from a Class B felony to a Class A felony.  The penalty
for a Class A felony is 10 to 30 years or life imprisonment.

SECTION 566.067 - CHILD MOLESTATION IN THE FIRST DEGREE - This
section increases the penalty for child molestation in the first
degree to a Class A felony.  The penalty for a Class A felony is
10 to 30 years or life imprisonment.

SECTION 589.414 - UPDATE OF SEXUAL OFFENDER PHOTOGRAPHS - This
section requires sexual offenders to annually update their
photographs on file when they report in person to verify their
information.

SECTION 589.575 - SEMI-ANNUAL REVIEW OF ADDRESSES - The chief
law enforcement officer of the county shall review semi-annually
the address of each registered sexual offender who resides in
said county and verify whether the offender is residing at the
address provided by him or her.  Upon verification of the
addresses of the county?s sexual offenders, the chief law
enforcement officer shall forward a list of the names and
addresses of offenders residing at his or her provided address
and a list of offenders who are no longer residing at his or her
provided address to the highway patrol.

SECTION 589.576 - SHARING SEXUAL REGISTRY INFORMATION - Upon
semi-annually receiving the verified sexual offender addresses
from the chief law enforcement officer of each county, the
highway patrol shall compile and provide the names of such
offenders who are no longer residing at the address provided to
law enforcement to the attorney general or the head law
enforcement agency of Tennessee, Kentucky, Illinois, Iowa,
Nebraska, Kansas, Oklahoma, and Arkansas.
SUSAN HENDERSON MOORE

Missouri House of Representatives
93rd General Assembly, 2nd Regular Session
Last Updated November 29, 2006 at 9:41 am