MSHP Provides Synopsis of Some New Missouri Laws
The abbreviated descriptions below are intended to make the public aware of some of the new legislation enacted by the Missouri General Assembly which is related to crime and motor vehicles. The listed legislation has been signed into law. Unless otherwise noted, these laws will go into effect August 28, 2019. The Patrol wishes to make the public aware of several of these new laws or changes to increase public awareness and education. For a complete description of these newly enacted laws, visit the Missouri House of Representatives or Missouri Senate websites. Part 4 of 4.
HB 694 -- RAP BACK
This bill allows qualified entities, under certain circumstances, to receive updated information related to an individual's criminal history as part of the Missouri Rap Back Program as well as the National Rap Back Program. The Missouri program includes automatic notifications made by the Missouri State Highway Patrol about whether an individual, specifically an applicant who is employed, licensed, or otherwise under the purview of the entity, has been arrested for a reported criminal offense in the state.
The bill specifies what qualified entities are required to do before having access to the national and state programs, and it specifies the limited circumstances in which individuals' criminal history information may be used. An applicant must give consent to the qualified entity before that entity may access the applicant's fingerprints and criminal history information. Missouri circuit courts and the Department of Social Services may require fingerprinting for applicants applying to adopt or to serve as guardian, conservator, or as another type of personal representative and the fingerprint-based record check will be forwarded to the Missouri State Highway Patrol to be used to search the criminal history repository. The fingerprints will be sent to the Federal Bureau of Investigation for a national background check.
Finally, this bill extends the surcharge assessed against all criminal cases, filed in a circuit court, in which the defendant is found guilty of a felony from August 2019 until August 2029. The money from this surcharge goes into the DNA Profiling Analysis Fund.
This bill contains an emergency clause and became effective upon the governor's signature on June 6, 2019.
CRASHES OCCURRING IN WORK OR EMERGENCY ZONES (Sections 304.580, 304.585, and 304.894 RSMo.)
This act requires the director of the Department of Revenue to revoke a driver's license upon notification by a law enforcement officer that an individual was involved in a physical crash where his or her negligence contributed to his or her vehicle striking a worker or highway worker, as defined in the act, within a properly designated construction or work zone (Section 304.585 RSMo.), or substantially contributed to his or her vehicle striking an emergency responder within a properly designated active emergency zone (Section 304.894 RSMo.). The department shall base its determination of these facts on the report of the law enforcement officer investigating the incident, and its determination shall be final except as specified in the act. Required notice of the revocation shall be deemed received by the driver three days after mailing unless returned by the postal authorities. The notice shall clearly state the reason and statutory grounds for the revocation, the effective date of the revocation, the right to request a hearing, and the date by which the request must be made. The revocation shall be effective not sooner than 15 days from the department's order.
Individuals who received notice of driver's license revocation may apply for immediate reinstatement by retaking and passing the written and driving portions of the driver's examination, or may petition the circuit court in the county in which the crash occurred. The revocation may be stayed pending the outcome of the case, as specified in the act. The county prosecutor shall act on behalf of the
director of the Department of Revenue at the hearing. The hearing shall determine only whether the person was involved in a highway crash when a worker or emergency responder was hit, whether applicable guidelines for notice and signage were properly implemented, and whether the investigating officer had probable cause to believe the person's negligence contributed to the vehicle striking a highway worker or substantially contributed to the vehicle striking an emergency responder. If the court determines any of these conditions to not be satisfied, the court shall order the director to reinstate the individual's license.
Administrative rulings and any related evidence used to reinstate a license under these provisions shall not be subject to subpoena or otherwise discoverable in any administrative, civil, or criminal case.
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