Missouri Senate Bill SB40

Missouri 2023 Regular Session

• Introduced: 1/4/23
• Refer: 1/12/23
• Engrossed: 3/23/23
• Refer: 3/28/23
• Report Pass: 4/12/23
• Refer: 4/12/23
• Report Pass: 4/20/23
• Engrossed: 5/10/23
• Enrolled: 5/10/23
• Passed: 7/6/23

Caption

Modifies provisions relating to background checks

Impact

The impact of SB40 is expected to enhance the safety and welfare of vulnerable populations, including children and the elderly, by ensuring that individuals who seek positions of trust within care environments are adequately vetted and monitored. The inclusion of national criminal history checks alongside Missouri-specific reviews aims to close potential gaps that could allow individuals with criminal backgrounds to obtain employment in sensitive roles. By formalizing these security measures, the state aligns its practices with increased national standards, thereby promoting a more protective environment for those in care services.

Summary

Senate Bill 40 seeks to modify provisions relating to background checks within the State of Missouri. The bill specifically repeals certain existing statutes and establishes new ones concerning the screening of individuals who seek to work or volunteer with qualified entities that provide care for children, the elderly, or disabled persons. Key provisions involve the implementation of both Missouri and national criminal history reviews, making it mandatory for applicants to undergo fingerprint-based checks administered through the Missouri State Highway Patrol. This bill employs a responsive approach by allowing automatic notifications through programs like the Missouri Rap Back and the National Rap Back, ensuring that qualified entities remain informed of any new arrests of their employees or volunteers.

Contention

While supporters argue that SB40 will safeguard children and vulnerable individuals by tightening employment standards, detractors have raised concerns regarding the potential for discrimination and excessive barriers to employment. Critics highlight the risks of denying opportunities based on criminal history without considering the context of an offense, arguing that it may inhibit rehabilitation efforts and perpetuate cycles of disadvantage. Privacy concerns regarding the handling of sensitive criminal history data are also noted, particularly with respect to how this information is stored and utilized by hiring agencies or care facilities.