Missouri 2023 Regular Session

Missouri Senate Bill SB352

Introduced
1/4/23  

Caption

Establishes the Civil Liability for Employers Hiring Ex-Offenders Act, which provides liability protections for employers hiring those convicted of certain offenses

Impact

This legislation could significantly reshape state laws concerning employer liability, particularly in the context of hiring practices for individuals with criminal records. By limiting the scope of lawsuits related to negligent hiring, SB352 aims to encourage employers to consider hiring ex-offenders without the fear of potential legal repercussions related to their hiring decisions. By defining which convictions would not hold an employer liable, the bill is designed to promote rehabilitation and reintegration of ex-offenders into the workforce, potentially reducing recidivism rates.

Summary

Senate Bill 352 introduces the 'Civil Liability for Employers Hiring Ex-Offenders Act', aimed at amending Chapter 537 of Missouri law regarding employer liability in cases of negligent hiring. The bill seeks to provide legal protections for employers, general contractors, and other entities hiring individuals with specific criminal backgrounds, particularly for nonviolent and nonsexual offenses. It establishes that a cause of action for negligent hiring cannot be initiated against an employer if the hired individual has been convicted of offenses not listed in the bill, thereby reducing the risks associated with hiring previously convicted individuals under certain conditions.

Sentiment

The sentiment surrounding SB352 appears mixed. Proponents, including some business groups and advocates for criminal justice reform, argue that the bill will assist in reducing barriers that ex-offenders face in finding employment, ultimately aiding in their rehabilitation and societal reintegration. Conversely, critics express concerns about the potential risks of allowing individuals with certain convictions into sensitive roles, particularly in areas where public safety may be compromised. This dichotomy illustrates a broader debate about balancing the interests of rehabilitating ex-offenders with the need to maintain safety and accountability in the workplace.

Contention

Notable points of contention arise from the bill's provisions, particularly concerning which offenses are exempt from liability protection for employers. While the bill delineates various offenses tied to violent and sexual crimes that continue to impose liability, concerns linger regarding the ambiguities around 'nonviolent' offenses. Critics may argue that the bill's definitions could lead to loopholes allowing employers to inadequately vet employees. Additionally, discussions regarding how this legislation aligns with existing civil rights protections in employment practices may fuel ongoing debates across legislative sessions.

Companion Bills

No companion bills found.

Previously Filed As

MO SB443

Establishes the Civil Liability for Employers Hiring Ex-Offenders Act, which provides liability protections for employers hiring those convicted of certain offenses

MO SB1110

Establishes the Civil Liability for Employers Hiring Ex-Offenders Act, which provides liability protections for employers hiring those convicted of certain offenses

MO HB720

Establishes the Civil Liability for Employers Hiring Ex-Offenders Act, which provides liability protections for employers hiring those convicted of certain offenses

MO HB1969

Establishes the "Civil Liability for Employers Hiring Ex-Offenders Act", which provides liability protections for employers hiring those convicted of certain offenses

MO HB1087

Establishes the "Civil Liability for Employers Hiring Ex-Offenders Act", which provides liability protections for employers hiring those convicted of certain offenses

MO HB2481

Labor; creating the Civil Liability for Employers Hiring Ex-Offenders Act; prohibiting causes of actions against certain entities; effective date.

MO HB2481

Labor; creating the Civil Liability for Employers Hiring Ex-Offenders Act; prohibiting causes of actions against certain entities; effective date.

MO HB505

Provides limitation of liability for certain persons when an employee has a criminal conviction

MO SB339

Limits the liability of employers and premises owners for the conduct of certain employees who have been convicted of certain crimes. (8/1/14)

MO HB609

Civil action for the deprivation of rights; duties and liabilities of certain employers.

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