Read the full stored bill text
SECOND REGULAR SESSION
HOUSE BILL NO. 3132
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE BOSLEY .
6889H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 314, RSMo, by adding thereto four new sections relating to discriminatory
practices against persons convicted of certain of fenses.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 314, RSMo, is amended by adding thereto four new sections, to
2 be known as sections 314.205, 314.208, 314.21 1, and 314.214, to read as follows:
314.205 . As used in sections 314.205 to 314.214, the following terms shall mean:
2 (1) "Certificate", a certificate of exemplary conduct and good moral character;
3 (2) "Cir cuit court", any cir cuit court in the state of Missouri;
4 (3) "Eligible individual", a person who has been convicted of an offense in this
5 state or in any other jurisdiction that does not include an offense that would subject a
6 person to the sex offender registry under sections 589.400 to 589.426;
7 (4) "Petition", any form or document that is submitted to the cir cuit court that
8 documents an eligible individual's desir e to obtain a certificate and the eligible
9 individual's justification for why the cir cuit court should grant his or her requ est.
314.208 . 1. The circ uit court shall have the power to issue a certificate to an
2 eligible individual that has the for ce and effect of a final judgment. The cir cuit court
3 shall issue a certificate to an eligible individual if the pr esiding judge finds, at the
4 moment of sentencing or at any moment ther eafter , that clear and convincing evidence
5 demonstrates that the eligible individual has:
6 (1) Consistently conducted himself or herself in a manner warranting the
7 issuance of a certificate;
8 (2) Consistently demonstrated that he or she is of good moral character; and
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
9 (3) Generally acted in such a way that granting the certificate is consistent with
10 the public interes t.
11 2. The circui t court shall have the power to investigate an eligible individual
12 petitioning for a certificate.
13 3. The circu it court shall grant or deny the petition within a r easonable period of
14 time after the petition is filed.
15 4. If the circui t court has issued a certificate, the circ uit court may at any time
16 issue a new certificate enlarging the r elief pr eviously granted.
17 5. After notice to a certificate holder , the circui t court has the power to re voke a
18 certificate upon a subsequent conviction.
314.21 1 . 1. A certificate shall not preve nt any judicial or administrative
2 pr oceeding, any licensing authority , or any other body , board, employer , or authority
3 fr om accessing or considering the eligible individual's conviction history .
4 2. A certificate rem oves any or all bars an eligible individual faces with res pect
5 to employment, housing, or occupational licenses.
6 3. An employer is not civilly or criminally liable for an act or omission by an
7 employee who has been issued a certificate, except for a willful or wanton act by the
8 employer in hiring the employee who has been issued a certificate.
314.214 . 1. The chief justice of the Missouri suprem e court, or his or her
2 designee, may creat e forms to assist eligible individuals in pr oviding all the information
3 r equir ed for a pr esiding judge to fully consider the eligible individual's case.
4 2. The division of pr ofessional regi stration, and any other Missouri entity that
5 has the authority to issue or revok e a license, shall repo rt to the general assembly on
6 November thirtieth of each year the following:
7 (1) The number of licensur e applicants with felony convictions;
8 (2) The number of licensur e applicants with certificates;
9 (3) The number of licenses awarded to applicants with felony convictions;
10 (4) The number of licenses awarded to applicants with certificates;
11 (5) The number of applicants with felony convictions denied licenses; and
12 (6) The number of applicants with certificates denied licenses.
✔
HB 3132 2