SB 893 — Creates and modifies provisions regarding sexual offenses

(4) "Nuisance", any place in or upon which lewdness, assignation, or prostitution is conducted, permitted, continued, or exists, or any place, in or upon which lewd, indecent, lascivious, or obscene films, or films designed to be projected for exhibition, are photographed, manufactured, developed, screened, exhibited, or otherwise prepared or shown, and the personal property and contents used in conducting and maintaining any such place for any such purpose.

The provisions of this section shall not affect any newspaper, magazine, or other publication entered as second class matter by the post office department;

(5) "Person", an individual, proprietorship, partnership, corporation, association, or other legal entity;

(6) "Seminude" or in a "seminude condition", a state of dress in which opaque clothing fails to cover the genitals, anus, anal cleft or cleavage, pubic area, vulva, nipple and areola of the female breast below a horizontal line across the top of the areola at its highest point.

Seminudity shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the human female breast exhibited by wearing apparel provided the areola is not exposed in whole or part;

(7) "Sexually oriented business", an adult cabaret or any business which offers its patrons goods of which a substantial or significant portion are sexually oriented material.

It shall be presumed that a business that derives thirty percent or less of its revenue from sexually oriented materials is presumed not to be a sexually oriented business.

No building, premises, structure, or other facility that contains any sexually oriented business shall contain any other kind of sexually oriented business;

(8) "Sexually oriented materials", any pictorial or three-dimensional material, or film, motion picture, DVD, video cassette, or similar photographic reproduction, that depicts nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, as defined in section 573.010;

(9) "Specified criminal activity" includes the following offenses:

(a) Prostitution or promotion of prostitution;

dissemination of obscenity;

sale, distribution, or display of harmful material to a minor;

sexual performance by a child;

possession or distribution of child pornography as it existed prior to August 28, 2026;

possession or distribution of child sexual abuse material;

public lewdness;

indecent exposure;

indecency with a child;

engaging in organized criminal activity;

sexual assault;

molestation of a child;

gambling prohibited under Missouri law;

or distribution of a controlled substance;

or any similar offenses described in this subdivision under the criminal or penal code of other states or countries;

(b) For which:

a.

Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;

b.

Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense;

or c.

Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four-month period;

(c) The fact that a conviction is being appealed shall not prevent a sexually oriented business from being considered a nuisance and closed under section 67.2546;

(10) "Specified sexual activities" includes the following acts:

(a) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

(b) Sex acts, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy;

or (c) Excretory functions as part of or in connection with any of the activities set forth in this subdivision.

168.071.

1.

The state board of education may refuse to issue or renew a certificate, or may, upon hearing, discipline the holder of a certificate of license to teach for the following causes:

(1) A certificate holder or applicant for a certificate has pleaded to or been found guilty of a felony or crime involving moral turpitude under the laws of this state, any other state, of the United States, or any other country, whether or not sentence is imposed;

(2) The certification was obtained through use of fraud, deception, misrepresentation or bribery;

(3) There is evidence of incompetence, immorality, or neglect of duty by the certificate holder;

(4) A certificate holder has been subject to disciplinary action relating to certification issued by another state, territory, federal agency, or country upon grounds for which discipline is authorized in this section;

or (5) If charges are filed by the local board of education, based upon the annulling of a written contract with the local board of education, for reasons other than election to the general assembly, without the consent of the majority of the members of the board that is a party to the contract.

2.

A public school district may file charges seeking the discipline of a holder of a certificate of license to teach based upon any cause or combination of causes outlined in subsection 1 of this section, including annulment of a written contract.

Charges shall be in writing, specify the basis for the charges, and be signed by the chief administrative officer of the district, or by the president of the board of education as authorized by a majority of the board of education.

The board of education may also petition the office of the attorney general to file charges on behalf of the school district for any cause other than annulment of contract, with acceptance of the petition at the discretion of the attorney general.

3.

The department of elementary and secondary education may file charges seeking the discipline of a holder of a certificate of license to teach based upon any cause or combination of causes outlined in subsection 1 of this section, other than annulment of contract.

Charges shall be in writing, specify the basis for the charges, and be signed by legal counsel representing the department of elementary and secondary education.

4.

If the underlying conduct or actions which are the basis for charges filed pursuant to this section are also the subject of a pending criminal charge against the person holding such certificate, the certificate holder may request, in writing, a delayed hearing on advice of counsel under the fifth amendment of the Constitution of the United States.

Based upon such a request, no hearing shall be held until after a trial has been completed on this criminal charge.

5.

The certificate holder shall be given not less than thirty days' notice of any hearing held pursuant to this section.

6.

Other provisions of this section notwithstanding, the certificate of license to teach shall be revoked or, in the case of an applicant, a certificate shall not be issued, if the certificate holder or applicant has been found guilty of any of the following offenses established pursuant to Missouri law or offenses of a similar nature established under the laws of Missouri prior to January 1, 2017, any other state or of the United States, or any other country, whether or not the sentence is imposed:

(1) Any dangerous felony as defined in section 556.061, or murder in the first degree under section 565.020;

(2) Any of the following sexual offenses:

rape in the first degree under section 566.030;

forcible rape;

rape;

statutory rape in the first degree under section 566.032;

statutory rape in the second degree under section 566.034;

rape in the second degree under section 566.031;

sexual assault under section 566.040 as it existed prior to August 28, 2013;

sodomy in the first degree under section 566.060;

forcible sodomy under section 566.060 as it existed prior to August 28, 2013;

sodomy as it existed prior to January 1, 1995;

statutory sodomy in the first degree under section 566.062;

statutory sodomy in the second degree under section 566.064;

child molestation in the first degree;

child molestation in the second degree;

child molestation in the third degree under section 566.069;

child molestation in the fourth degree under section 566.071;

sodomy in the second degree under section 566.061;

deviate sexual assault under section 566.070 as it existed prior to August 28, 2013;

sexual misconduct involving a child under section 566.083;

sexual contact with a student under section 566.086;

sexual misconduct in the first degree under section 566.093;

sexual misconduct in the first degree under section 566.090 as it existed prior to August 28, 2013;

sexual misconduct in the second degree under section 566.095;

sexual misconduct in the second degree under section 566.093 as it existed prior to August 28, 2013;

sexual misconduct in the third degree under section 566.095 as it existed prior to August 28, 2013;

sexual abuse in the first degree under section 566.100;

sexual abuse under section 566.100 as it existed prior to August 28, 2013;

sexual abuse in the second degree under section 566.101;

enticement of a child under section 566.151;

or attempting to entice a child;

(3) Any of the following offenses against the family and related offenses:

incest under section 568.020;

abandonment of child in the first degree under section 568.030;

abandonment of child in the second degree under section 568.032;

endangering the welfare of a child in the first degree under section 568.045;

abuse of a child under section 568.060;

child used in a sexual performance;

promoting sexual performance by a child;

or trafficking in children under section 568.175;

and (4) Any of the following offenses involving child pornography as it existed prior to August 28, 2026, or child sexual abuse material and related offenses:

promoting obscenity in the first degree under section 573.020;

promoting pornography for minors or obscenity in the second degree when the penalty is enhanced to a class E felony under section 573.030;

promoting child pornography in the first degree under section 573.025 as it existed prior to August 28, 2026;

promoting child sexual abuse material in the first degree under section 573.025;

promoting child pornography in the second degree under section 573.035 as it existed prior to August 28, 2026;

promoting child sexual abuse material in the second degree under section 573.035;

possession of child pornography under section 573.037 as it existed prior to August 28, 2026;

possession of child sexual abuse material under section 573.037;

furnishing pornographic materials to minors under section 573.040;

or coercing acceptance of obscene material under section 573.065.

7.

When a certificate holder is found guilty of any offense that would authorize the state board of education to seek discipline against that holder's certificate of license to teach, the local board of education or the department of elementary and secondary education shall immediately provide written notice to the state board of education and the attorney general regarding the finding of guilt.

8.

The certificate holder whose certificate was revoked pursuant to subsection 6 of this section may appeal such revocation to the state board of education.

Notice of this appeal must be received by the commissioner of education within ninety days of notice of revocation pursuant to this subsection.

Failure of the certificate holder to notify the commissioner of the intent to appeal waives all rights to appeal the revocation.

Upon notice of the certificate holder's intent to appeal, an appeal hearing shall be held by a hearing officer designated by the commissioner of education, with the final decision made by the state board of education, based upon the record of that hearing.

The certificate holder shall be given not less than thirty days' notice of the hearing, and an opportunity to be heard by the hearing officer, together with witnesses.

9.

In the case of any certificate holder who has surrendered or failed to renew his or her certificate of license to teach, the state board of education may refuse to issue or renew, or may suspend or revoke, such certificate for any of the reasons contained in this section.

10.

In those cases where the charges filed pursuant to this section are based upon an allegation of misconduct involving a minor child, the hearing officer may accept into the record the sworn testimony of the minor child relating to the misconduct received in any court or administrative hearing.

11.

Hearings, appeals or other matters involving certificate holders, licensees or applicants pursuant to this section may be informally resolved by consent agreement or agreed settlement or voluntary surrender of the certificate of license pursuant to the rules promulgated by the state board of education.

12.

The final decision of the state board of education is subject to judicial review pursuant to sections 536.100 to 536.140.

13.

A certificate of license to teach to an individual who has been convicted of a felony or crime involving moral turpitude, whether or not sentence is imposed, shall be issued only upon motion of the state board of education adopted by a unanimous affirmative vote of those members present and voting.

190.142.

1.

(1) For applications submitted before the recognition of EMS personnel licensure interstate compact under sections 190.900 to 190.939 takes effect, the department shall, within a reasonable time after receipt of an application, cause such investigation as it deems necessary to be made of the applicant for an emergency medical technician's license.

(2) For applications submitted after the recognition of EMS personnel licensure interstate compact under sections 190.900 to 190.939 takes effect, an applicant for initial licensure as an emergency medical technician in this state shall submit to a background check by the Missouri state highway patrol and the Federal Bureau of Investigation through a process approved by the department of health and senior services.

Such processes may include the use of vendors or systems administered by the Missouri state highway patrol.

The department may share the results of such a criminal background check with any emergency services licensing agency in any member state, as that term is defined under section 190.900, in recognition of the EMS personnel licensure interstate compact.

The department shall not issue a license until the department receives the results of an applicant's criminal background check from the Missouri state highway patrol and the Federal Bureau of Investigation, but, notwithstanding this subsection, the department may issue a temporary license as provided under section 190.143.

Any fees due for a criminal background check shall be paid by the applicant.

(3) The director may authorize investigations into criminal records in other states for any applicant.

2.

The department shall issue a license to all levels of emergency medical technicians, for a period of five years, if the applicant meets the requirements established pursuant to sections 190.001 to 190.245 and the rules adopted by the department pursuant to sections 190.001 to 190.245.

The department may promulgate rules relating to the requirements for an emergency medical technician including but not limited to:

(1) Age requirements;

(2) Emergency medical technician and paramedic education and training requirements based on respective National Emergency Medical Services Education Standards and any modification to such curricula specified by the department through rules adopted pursuant to sections 190.001 to 190.245;

(3) Paramedic accreditation requirements.

Paramedic training programs shall be accredited as required by the National Registry of Emergency Medical Technicians;

(4) Initial licensure testing requirements.

Initial paramedic licensure testing shall be through the national registry of EMTs;

(5) (a) Continuing education and relicensure requirements.

(b) a.

The department shall require each emergency medical technician and each advanced emergency medical technician, including each paramedic, to receive the following training as part of the continuing education requirements for relicensure:

(i) Any licensee who submits an application for relicensure before January 1, 2028, shall have completed one hour of sex and human trafficking training, consistent with the guidelines established in section 210.1505, before such submission;

(ii) Any licensee who submits an application for relicensure after December 31, 2027, and before January 1, 2029, shall have completed two hours of sex and human trafficking training, consistent with the guidelines established in section 210.1505, before such submission;

(iii) Any licensee who submits an application for relicensure after December 31, 2028, and before January 1, 2030, shall have completed three hours of sex and human trafficking training, consistent with the guidelines established in section 210.1505, before such submission;

and (iv) Any licensee who submits an application for relicensure after December 31, 2029, and before January 1, 2031, shall have completed four hours of sex and human trafficking training, consistent with the guidelines established in section 210.1505, before such submission.

b.

The provisions of this paragraph shall become effective on January 1, 2027, and shall expire on December 31, 2031;

and (6) Ability to speak, read and write the English language.

3.

Application for all levels of emergency medical technician license shall be made upon such forms as prescribed by the department in rules adopted pursuant to sections 190.001 to 190.245.

The application form shall contain such information as the department deems necessary to make a determination as to whether the emergency medical technician meets all the requirements of sections 190.001 to 190.245 and rules promulgated pursuant to sections 190.001 to 190.245.

4.

All levels of emergency medical technicians may perform only that patient care which is:

(1) Consistent with the training, education and experience of the particular emergency medical technician;

and (2) Ordered by a physician or set forth in protocols approved by the medical director.

5.

No person shall hold themselves out as an emergency medical technician or provide the services of an emergency medical technician unless such person is licensed by the department.

6.

Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.

This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2002, shall be invalid and void.

210.1080.

1.

As used in this section, the following terms mean:

(1) "Child care provider", a person licensed, regulated, or registered to provide child care within the state of Missouri, including the member or members, manager or managers, shareholder or shareholders, director or directors, and officer or officers of any entity licensed, regulated, or registered to provide child care within the state of Missouri;

(2) "Child care staff member", a child care provider;

persons employed by the child care provider for compensation, including contract employees or self-employed individuals;

individuals or volunteers whose activities involve the care or supervision of children for a child care provider or unsupervised access to children who are cared for or supervised by a child care provider;

individuals residing in a home where child care is provided who are eighteen years of age or older;

or individuals residing in a home where child care is provided who are under eighteen years of age and have been certified as an adult for the commission of an offense;

(3) "Criminal background check":

(a) A Federal Bureau of Investigation fingerprint check;

(b) A search of the National Crime Information Center's National Sex Offender Registry;

and (c) A search of the following registries, repositories, or databases in Missouri, the state where the child care staff member resides, and each state where such staff member resided during the preceding five years:

a.

The state criminal registry or repository, with the use of fingerprints being required in the state where the staff member resides and optional in other states;

b.

The state sex offender registry or repository;

and c.

The state-based child abuse and neglect registry and database;

(4) "Department", the department of elementary and secondary education;

(5) "Qualifying result" or "qualifying criminal background check", a finding that a child care staff member or prospective child care staff member is eligible for employment or presence in a child care setting described under this section.

2.

(1) Prior to the employment or presence of a child care staff member in a licensed, license-exempt, or unlicensed registered child care facility, the child care provider shall request the results of a criminal background check for such child care staff member from the department.

(2) A prospective child care staff member may begin work for a child care provider after receiving the qualifying result of either a Federal Bureau of Investigation fingerprint check or a search of the Missouri criminal registry or repository with the use of fingerprints;

however, pending completion of the criminal background check, the prospective child care staff member shall be supervised at all times by another child care staff member who received a qualifying result on the criminal background check within the past five years.

(3) Any individual who meets the definition of child care provider but is not responsible for the oversight or direction of the child care facility and does not have independent access to the child care facility shall not be required to request the results of a criminal background check under this section;

however, such individual shall be accompanied by an individual with a qualifying criminal background check in order to be present at the child care facility during child care hours.

3.

The costs of the criminal background check shall be the responsibility of the child care staff member, but may be paid or reimbursed by the child care provider at the provider's discretion.

The fees charged for the criminal background check shall not exceed the actual cost of processing and administration.

4.

Upon completion of the criminal background check, any child care staff member or prospective child care staff member shall be ineligible for employment or presence at a licensed or license-exempt child care facility or an unlicensed child care facility registered with the department and shall be disqualified from receipt of state or federal funds for providing child care services either by direct payment or through reimbursement to an individual who receives child care benefits if such person:

(1) Refuses to consent to the criminal background check as required by this section;

(2) Knowingly makes a materially false statement in connection with the criminal background check as required by this section;

(3) Is registered, or is required to be registered, on a state sex offender registry or repository or the National Sex Offender Registry;

(4) Is listed as a perpetrator of child abuse or neglect under sections 210.109 to 210.183 or any other finding of child abuse or neglect based on any other state's registry or database;

or (5) Has pled guilty or nolo contendere to or been found guilty of:

(a) Any felony for an offense against the person as defined in chapter 565;

(b) Any other offense against the person involving the endangerment of a child as prescribed by law;

(c) Any misdemeanor or felony for a sexual offense as defined in chapter 566;

(d) Any misdemeanor or felony for an offense against the family as defined in chapter 568;

(e) Burglary in the first degree as defined in 569.160;

(f) Any misdemeanor or felony for robbery as defined in chapter 570;

(g) Any misdemeanor or felony for pornography or related offense as defined in chapter 573;

(h) Any felony for arson as defined in chapter 569;

(i) Any felony for armed criminal action as defined in section 571.015, unlawful use of a weapon as defined in section 571.030, unlawful possession of a firearm as defined in section 571.070, or the unlawful possession of an explosive as defined in section 571.072;

(j) Any felony for making a terrorist threat as defined in section 574.115, 574.120, or 574.125;

(k) A felony drug-related offense committed during the preceding five years;

or (l) Any similar offense in any federal, state, municipal, or other court of similar jurisdiction of which the department has knowledge.

5.

Household members eighteen years of age or older, or household members under eighteen years of age who have been certified as an adult for the commission of an offense, shall be ineligible to maintain a presence at a home where child care is provided during child care hours if any one or more of the provisions of subsection 4 of this section apply to such members.

6.

A child care provider may also be disqualified from receipt of state or federal funds for providing child care services either by direct payment or through reimbursement to an individual who receives child care benefits if such person, or any person eighteen years of age or older residing in the household in which child care is being provided, excluding child care provided in the child's home, has been refused licensure or has experienced licensure suspension or revocation under section 210.221 or 210.496.

7.

A child care provider shall not be required to submit a request for a criminal background check under this section for a child care staff member if:

(1) The staff member received a qualifying criminal background check within five years before the latest date on which such a submission may be made and while employed by or seeking employment by another child care provider within Missouri;

(2) The departments of elementary and secondary education, health and senior services, or [of] social services provided to the first provider a qualifying criminal background check result, consistent with this section, for the staff member;

and (3) The staff member is employed by a child care provider within Missouri or has been separated from employment from a child care provider within Missouri for a period of not more than one hundred eighty consecutive days.

8.

(1) The department shall process the request for a criminal background check for any prospective child care staff member or child care staff member as expeditiously as possible, but not to exceed forty-five days after the date on which the provider submitted the request.

(2) The department shall provide the results of the criminal background check to the child care provider in a statement that indicates whether the prospective child care staff member or child care staff member is eligible or ineligible for employment or presence at the child care facility or receipt of state or federal funds for providing child care services either by direct payment or through reimbursement to an individual who receives child care benefits.

The department shall not reveal to the child care provider any disqualifying crime or other related information regarding the prospective child care staff member or child care staff member.

(3) If such prospective child care staff member or child care staff member is ineligible for employment or presence at the child care facility, the department shall, when providing the results of criminal background check, include information related to each disqualifying crime or other related information, in a report to such prospective child care staff member or child care staff member, along with information regarding the opportunity to appeal under subsection 9 of this section.

(4) If a prospective child care provider or child care provider has been denied state or federal funds by the department for providing child care, he or she may appeal such denial to the department pursuant to section 210.027.

9.

(1) The prospective child care staff member or child care staff member may appeal a finding of ineligibility for employment or presence at a child care facility in writing to the department to challenge the accuracy or completeness of the information contained in his or her criminal background check if his or her finding of ineligibility is based on one or more of the following offenses:

(a) Murder, as described in 18 U.S.C.

Section 1111;

(b) Felony child abuse or neglect;

(c) A felony crime against children, including child pornography as it existed prior to August 28, 2026, or child sexual abuse material;

(d) Felony spousal abuse;

(e) A felony crime involving rape or sexual assault;

(f) Felony kidnapping;

(g) Felony arson;

(h) Felony physical assault or battery;

(i) A violent misdemeanor offense committed as an adult against a child, including the offense of child abuse, child endangerment, or sexual assault, or a misdemeanor offense involving child pornography as it existed prior to August 28, 2026, or child sexual abuse material;

or (j) Any similar offense in any federal, state, municipal, or other court.

(2) If a finding of ineligibility is based on an offense not provided for in subdivision (1) of this subsection, the prospective child care staff member or child care staff member may appeal to challenge the accuracy or completeness of the information contained in his or her criminal background check or to offer information mitigating the results and explaining why an eligibility exception should be granted.

(3) The written appeal shall be filed with the department within ten days from the mailing of the notice of ineligibility.

The department shall attempt to verify the accuracy of the information challenged by the individual, including making an effort to locate any missing disposition information related to the disqualifying offense.

After the department verifies the accuracy of the information challenged by the individual, the department shall make a final decision on the written appeal, and such decision shall be made in a timely manner.

Such decision shall be considered a noncontested final agency decision by the department, appealable under section 536.150.

Such decision shall be appealed within thirty days of the mailing of the decision.

10.

Nothing in this section shall prohibit the department from requiring more frequent checks of the family care safety registry established under section 210.903 or the central registry for child abuse established under section 210.109 in order to determine eligibility for employment or presence at the child care facility or receipt of state or federal funds for providing child care services either by direct payment or through reimbursement to an individual who receives child care benefits.

11.

The department may adopt emergency rules to implement the requirements of this section.

Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.

This section and chapter are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2018, shall be invalid and void.

12.

The provisions of this section shall not apply to any child care facility, as defined in section 210.201, maintained or operated under the exclusive control of a religious organization, as described in subdivision (17) of subsection 1 of section 210.211, unless such facility is a recipient of federal funds for providing care for children, except for federal funds for those programs that meet the requirements for participation in the Child and Adult Care Food Program under 42 U.S.C.

Section 1766.

210.1505.

1.

There is hereby created the "Statewide Council [on Sex] Against Adult Trafficking and the Commercial Sexual Exploitation of Children" [to] within the office of the attorney general to make recommendations for a coordinated statewide effort against the trafficking of adults and children within the state of Missouri.

The council shall consist of the following members:

(1) The following four members of the general assembly:

(a) Two members of the senate, with one member to be appointed by the president pro tempore of the senate and one member to be appointed by the minority floor leader of the senate;

and (b) Two members of the house of representatives, with one member to be appointed by the speaker of the house of representatives and one member to be appointed by the minority floor leader of the house of representatives;

(2) The director of the children's division or his or her designee who is involved in anti-human trafficking efforts or has knowledge or experience in human trafficking investigations;

(3) The director of the department of public safety or his or her designee who is involved in anti-human trafficking efforts or has knowledge or experience in human trafficking investigations;

(4) The director of the department of mental health or his or her designee who is involved in anti-human trafficking efforts or has knowledge or experience in human trafficking investigations;

(5) The director of the office of prosecution services or his or her designee who is involved in anti-human trafficking efforts or has knowledge or experience in human trafficking investigations;

(6) The superintendent of the Missouri state highway patrol or his or her designee who is involved in anti-human trafficking efforts or has knowledge or experience in human trafficking investigations;

(7) The executive director of the statewide network of child advocacy organizations [specializing in the prevention of child abuse or neglect] or his or her designee who is involved in anti-human trafficking efforts or has knowledge or experience in human trafficking investigations;

(8) The executive director of the statewide coalition against domestic and sexual violence or his or her designee who is involved in anti-human trafficking efforts or has knowledge or experience in human trafficking investigations;

(9) The executive director of the Missouri Juvenile Justice Association or his or her designee who is involved in anti-human trafficking efforts or has knowledge or experience in human trafficking investigations;

(10) The director of the attorney general's human trafficking task force or his or her designee who is involved in anti-human trafficking efforts or has knowledge or experience in human trafficking investigations;

(11) [Two representatives from agencies providing services to victims of child sex trafficking and sexual exploitation who reflect the geographic diversity of the state and who shall be appointed by the director of the department of social services;

and] A member of the Missouri Hospital Association with experience and knowledge of human trafficking;

(12) A member of the judiciary with experience in juvenile court, who shall be appointed by the chief justice of the Missouri supreme court;

(13) The commissioner of the department of elementary and secondary education or his or her designee;

(14) A designee from the governor's office;

(15) A member of the Missouri Sheriffs' Association or a member of the Missouri Police Chiefs Association;

and (16) Any other nongovernmental organization deemed necessary by the attorney general.

2.

A majority of the members of the council shall constitute a quorum.

The council shall be created within thirty days of August 28, 2026, and shall hold its first meeting within thirty days after the council's creation [and organize by selecting a chair and a vice chair].

The council shall meet at [the call of the chair] least quarterly.

The council may create a subgroup to offer recommendations on specific issues as deemed necessary.

3.

[The council shall:

(1) Collect and analyze data relating to sex trafficking and sexual exploitation of children, including the number of reports made to the children's division under section 210.115, any information obtained from phone calls to the national sex trafficking hotline, the number of reports made to law enforcement, arrests, prosecution rates, and any other data important for any recommendations of the council.

State departments and council members shall provide relevant data as requested by the council to fulfill the council's duties;

and (2) Collect feedback from stakeholders, practitioners, and leadership throughout the state in order to develop best practices and procedures regarding the response to sex trafficking and sexual exploitation of children, including identification and assessment of victims;

response and treatment coordination and collaboration across systems;

trauma-informed, culturally competent victim-centered services;

training for professionals in all systems;

and investigating and prosecuting perpetrators.

4.] There shall be an executive director, who shall be appointed by the attorney general, who shall fix his or her compensation and provide for such other administrative personnel as necessary within the limits of appropriations provided in subsection 4 of this section.

The executive director shall serve under the supervision of the [department of social services] attorney general, who shall provide administrative support [to the council] and necessary office space.

[5.

On or before December 31, 2023, the council shall submit a report of the council's activities to the governor and general assembly and the joint committee on child abuse and neglect under section 21.771.

The report shall include recommendations for priority needs and actions, including statutory or regulatory changes relating to the response to sex trafficking and sexual exploitation of children and services for child victims.

6.

The council shall expire on December 31, 2023.] 4.

(1) There is hereby created in the state treasury the "Commercial Sexual Exploitation of Children Education and Awareness Fund", which shall consist of moneys appropriated to it by the general assembly and any grants, gifts, donations, and bequests.

The state treasurer shall be custodian of the fund.

In accordance with sections 30.170 and 30.180, the state treasurer shall approve disbursements as required by the attorney general.

The fund shall be a dedicated fund and, upon appropriation, moneys in this fund shall be used to pay for the position of the executive director and for administrative support of the statewide council against adult trafficking and the commercial exploitation of children, education and awareness regarding human trafficking, and anti-trafficking efforts throughout the state of Missouri.

(2) Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund.

(3) The state treasurer shall invest moneys in the fund in the same manner as other funds are invested.

Any interest and moneys earned on such investments shall be credited to the fund.

5.

There is hereby established the "Committee on Sex and Human Trafficking Training" within the council.

6.

The committee shall consist of the following members:

(1) A representative of the attorney general's office who is involved in the office's anti-trafficking efforts appointed by the attorney general;

(2) A representative of the department of public safety with experience in human trafficking investigations appointed by the director of the department of public safety;

(3) A representative from a child advocacy center appointed by the director of a statewide nonprofit organization that advocates for the protection of children;

(4) A juvenile officer appointed by the chief justice of the supreme court of Missouri;

(5) A representative from an agency providing victim services appointed by the director of the department of social services;

(6) A representative from a child abuse medical resource center, as defined in section 334.950, appointed by the director of the department of health and senior services;

and (7) The executive director of the Missouri office of prosecution services or his or her designee.

7.

The member who represents the attorney general's office shall serve as chair of the committee.

8.

Members of the committee shall serve without compensation but may be reimbursed for actual expenses necessary to the performance of their official duties for the committee.

9.

The committee shall annually evaluate, and establish guidelines for, the sex and human trafficking training required under sections 56.265, 190.142, 211.326, 337.618, and 590.050.

The committee shall produce, and distribute in a digital platform, training that meets its guidelines.

The committee may approve training produced by other entities as consistent with its guidelines.

10.

Any board, department, or agency that regulates any profession for which sex and human trafficking training is required as described in subsection 5 of this section may provide such training.

Funding for the training shall be subject to appropriations.

11.

The provisions of subsections 5 through 10 of this section shall become effective on January 1, 2027, and shall expire on December 31, 2031.

211.326.

1.

The state courts administrator shall:

(1) Evaluate existing services by establishing performance standards including performance standards for juvenile courts receiving diversion funds;

(2) Develop standards for orientation training for all new juvenile court professional personnel, including juvenile officers, deputy juvenile officers and other personnel deemed necessary by the state courts administrator;

(3) Develop standards for continuing education for existing juvenile court professional personnel, including juvenile officers, deputy juvenile officers and other personnel deemed necessary by the state courts administrator;

(4) Develop a process to evaluate services and collect relevant outcome data;

(5) Develop a standardized assessment form for classifying juvenile offenders;

and (6) Develop guidelines for juvenile court judges to use in determining the length of time a child may be detained prior to informal adjustment or formal adjudication.

2.

Standards, training and assessment forms developed pursuant to subsection 1 of this section shall be developed considering racial disparities in the juvenile justice system.

3.

Continuing education standards established under subdivision (3) of subsection 1 of this section shall include a requirement that each juvenile officer annually complete one hour of sex and human trafficking training consistent with the guidelines established in section 210.1505.

The provisions of this subsection shall become effective on January 1, 2027, and shall expire on December 31, 2031.

315.005.

As used in sections 315.005 to [315.065] 315.081, unless the context clearly indicates otherwise, the following terms mean:

(1) "Code", the standards relating to fire safety, sanitation, electrical wiring, fuel-burning appliances, plumbing, swimming pools and spas, sewage and waste treatment and disposal as adopted by the department.

The department in its discretion, may incorporate, in whole or in part, the standards or codes promulgated by the National Fire Protection Association, Building Officials and Code Administration International, Inc., Great Lakes Upper Mississippi River Board of State Sanitary Engineers, and American Society of Sanitary Engineers;

(2) "Department", the director of the department of health and senior services or an agent of the director of the department of health and senior services;

(3) "Guest room", any room or unit where sleeping accommodations are regularly furnished to the public;

(4) "Human trafficking", the use of force, fraud, or coercion to obtain some type of labor or commercial sex act as defined in 22 U.S.C.

Section 7102 and the commission of an offense created by sections 566.200 to 566.223;

(5) "Human trafficking awareness training", training established or approved by the department that includes, but is not limited to, the following components:

(a) The definition of human trafficking and commercial exploitation of children;

(b) Guidance on how to identify individuals at risk for trafficking;

(c) Guidance on how to identify the signs of trafficking and individuals potentially engaged in the act of trafficking;

(d) Differences between labor and sex trafficking, specific to the hotel sector;

(e) Guidance on the role of hospitality employees in reporting and responding to human trafficking;

and (f) The contact information for the national human trafficking hotline toll-free number and text line or contact information for the local law enforcement agency;

(6) "Lodging establishment", any building, group of buildings, structure, facility, place, or places of business where five or more guest rooms are provided, which is owned, maintained, or operated by any person and which is kept, used, maintained, advertised or held out to the public for hire which can be construed to be a hotel, motel, motor hotel, apartment hotel, tourist court, resort, cabins, tourist home, bunkhouse, dormitory, or other similar place by whatever name called, and includes all such accommodations operated for hire as lodging establishments for either transient guests, permanent guests, or for both transient and permanent guests;

[(5)] (7) "Owner", the person responsible for obtaining a license from the department for operating the lodging establishment;

[(6)] (8) "Permanent guest", any person who rents and occupies a guest room in a lodging establishment for a period of thirty-one days or more;

[(7)] (9) "Person", any individual, partnership, corporation, association, organization, firm, or federal, state, county, city, village, or municipal association or corporation;

[(8)] (10) "Transient guest", any person who rents and occupies a guest room in a lodging establishment for a period of less than thirty-one days.

315.081.

1.

Every employee of a lodging establishment in this state shall be required to receive human trafficking awareness training within one hundred eighty days of employment, and after the first year of employment, annual human trafficking awareness training not later than December thirty-first.

2.

Every operator of a lodging establishment in this state shall implement procedures and adopt policies for the reporting of suspected human trafficking to the National Human Trafficking Hotline or to a local law enforcement agency.

3.

Any person who operates a lodging establishment shall maintain records of employee or operator training.

Such records shall be kept on file by the operator of the lodging establishment for the period during which the employee is employed by the establishment, and for one year after such employment ends.

A lodging establishment shall provide records to the department within a reasonable amount of time, but no later than ten business days, after such request is made in writing.

324.012.

1.

This section shall be known and may be cited as the "Fresh Start Act of 2020".

2.

As used in this section, the following terms mean:

(1) "Criminal conviction", any conviction, finding of guilt, plea of guilty, or plea of nolo contendere;

(2) "Licensing", any required training, education, or fee to work in a specific occupation, profession, or activity in the state;

(3) "Licensing authority", an agency, examining board, credentialing board, or other office of the state with the authority to impose occupational fees or licensing requirements on any profession.

For purposes of the provisions of this section other than subsection 7 of this section, the term "licensing authority" shall not include the state board of education's licensure of teachers pursuant to chapter 168, the Missouri state board of accountant's licensure of accountants pursuant to chapter 326, the board of podiatric medicine's licensure of podiatrists pursuant to chapter 330, the Missouri dental board's licensure of dentists pursuant to chapter 332, the state board of registration for the healing art's licensure of physicians and surgeons pursuant to chapter 334, the Missouri state board of nursing's licensure of nurses pursuant to chapter 335, the board of pharmacy's licensure of pharmacists pursuant to chapter 338, the Missouri real estate commission's licensure of real estate brokers, real estate salespersons, or real estate broker-salespersons pursuant to sections 339.010 to 339.205, the Missouri veterinary medical board's licensure of veterinarian's pursuant to chapter 340, the Missouri director of finance appointed pursuant to chapter 361, or the peace officer standards and training commission's licensure of peace officers or other law enforcement personnel pursuant to chapter 590;

(4) "Political subdivision", a city, town, village, municipality, or county.

3.

Notwithstanding any other provision of law, beginning January 1, 2021, no person shall be disqualified by a state licensing authority from pursuing, practicing, or engaging in any occupation for which a license is required solely or in part because of a prior conviction of a crime in this state or another state, unless the criminal conviction directly relates to the duties and responsibilities for the licensed occupation as set forth in this section or is violent or sexual in nature.

4.

Beginning August 28, 2020, applicants for examination of licensure who have pleaded guilty to, entered a plea of nolo contendere to, or been found guilty of any of the following offenses or offenses of a similar nature established under the laws of this state, any other state, United States, or any other country, notwithstanding whether sentence is imposed, shall be considered by state licensing authorities to have committed a criminal offense that directly relates to the duties and responsibilities of a licensed profession:

(1) Any murder in the first degree, or dangerous felony as defined under section 556.061 excluding an intoxication-related traffic offense or intoxication-related boating offense if the person is found to be a habitual offender or habitual boating offender as such terms are defined in section 577.001;

(2) Any of the following sexual offenses:

rape in the first degree, forcible rape, rape, statutory rape in the first degree, statutory rape in the second degree, rape in the second degree, sexual assault, sodomy in the first degree, forcible sodomy, statutory sodomy in the first degree, statutory sodomy in the second degree, child molestation in the first degree, child molestation in the second degree, sodomy in the second degree, deviate sexual assault, sexual misconduct involving a child, sexual misconduct in the first degree under section 566.090 as it existed prior to August 28, 2013, sexual abuse under section 566.100 as it existed prior to August 28, 2013, sexual abuse in the first or second degree, enticement of a child, or attempting to entice a child;

(3) Any of the following offenses against the family and related offenses:

incest, abandonment of a child in the first degree, abandonment of a child in the second degree, endangering the welfare of a child in the first degree, abuse of a child, using a child in a sexual performance, promoting sexual performance by a child, or trafficking in children;

and (4) Any of the following offenses involving child pornography as it existed prior to August 28, 2026, or child sexual abuse material and related offenses:

promoting obscenity in the first degree, promoting obscenity in the second degree when the penalty is enhanced to a class E felony, promoting child pornography in the first degree as it existed prior to August 28, 2026, promoting child sexual abuse material in the first degree, promoting child pornography in the second degree as it existed prior to August 28, 2026, promoting child sexual abuse material in the second degree, possession of child pornography in the first degree as it existed prior to August 28, 2026, possession of child sexual abuse material in the first degree, possession of child pornography in the second degree as it existed prior to August 28, 2026, possession of child sexual abuse material in the second degree, furnishing child pornography to a minor as it existed prior to August 28, 2026, furnishing child sexual abuse material to a minor, furnishing pornographic materials to minors, or coercing acceptance of obscene material;

(5) The offense of delivery of a controlled substance, as provided in section 579.020, may be a disqualifying criminal offense for the following occupations:

real estate appraisers and appraisal management companies, licensed pursuant to sections 339.500 to 339.549;

and nursing home administrators, licensed pursuant to chapter 344;

and (6) Any offense an essential element of which is fraud may be a disqualifying criminal offense for the following occupations:

private investigators, licensed pursuant to sections 324.1100 to 324.1148;

accountants, licensed pursuant to chapter 326;

architects, licensed pursuant to sections 327.091 to 327.172;

engineers, licensed pursuant to sections 327.181 to 327.271;

land surveyors, licensed pursuant to sections 327.272 to 327.371;

landscape architects, licensed pursuant to sections 327.600 to 327.635;

chiropractors, licensed pursuant to chapter 331;

embalmers and funeral directors, licensed pursuant to chapter 333;

real estate appraisers and appraisal management companies, licensed pursuant to sections 339.500 to 339.549;

and nursing home administrators, licensed pursuant to chapter 344.

5.

If an individual is charged with any of the crimes set forth in subsection 4 of this section, and is convicted, pleads guilty to, or is found guilty of a lesser-included offense and is sentenced to a period of incarceration, such conviction shall only be considered by state licensing authorities as a criminal offense that directly relates to the duties and responsibilities of a licensed profession for four years, beginning on the date such individual is released from incarceration.

6.

(1) The licensing authority shall determine whether an applicant with a criminal conviction will be denied a license based on the following factors:

(a) The nature and seriousness of the crime for which the individual was convicted;

(b) The passage of time since the commission of the crime, including consideration of the factors listed under subdivision (2) of this subsection;

(c) The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the occupation;

and (d) Any evidence of rehabilitation or treatment undertaken by the individual that might mitigate against a direct relation.

(2) If an individual has a valid criminal conviction for a criminal offense that could disqualify the individual from receiving a license, the disqualification shall not apply to an individual who has been exonerated for a crime for which he or she has previously been convicted of or incarcerated.

7.

An individual with a criminal record may petition a licensing authority at any time for a determination of whether the individual's criminal record will disqualify the individual from obtaining a license.

This petition shall include details on the individual's criminal record.

The licensing authority shall inform the individual of his or her standing within thirty days after the licensing authority has met, but in no event more than four months after receiving the petition from the applicant.

The decision shall be binding, unless the individual has subsequent criminal convictions or failed to disclose information in his or her petition.

If the decision is that the individual is disqualified, the individual shall be notified in writing of the grounds and reasons for disqualification.

The licensing authority may charge a fee by rule to recoup its costs as set by rulemaking authority not to exceed twenty-five dollars for each petition.

8.

(1) If a licensing authority denies an individual a license solely or in part because of the individual's prior conviction of a crime, the licensing authority shall notify the individual in writing of the following:

(a) The grounds and reasons for the denial or disqualification;

(b) That the individual has the right to a hearing as provided by chapter 621 to challenge the licensing authority's decision;

(c) The earliest date the person may reapply for a license;

and (d) That evidence of rehabilitation may be considered upon reapplication.

(2) Any written determination by the licensing authority that an applicant's criminal conviction is a specifically listed disqualifying conviction and is directly related to the duties and responsibilities for the licensed occupation shall be documented with written findings for each of the grounds or reasons under paragraph (a) of subdivision (1) of this subsection by clear and convincing evidence sufficient for a reviewing court.

(3) In any administrative hearing or civil litigation authorized under this subsection, the licensing authority shall carry the burden of proof on the question of whether the applicant's criminal conviction directly relates to the occupation for which the license is sought.

9.

The provisions of this section shall apply to any profession for which an occupational license is issued in this state, including any new occupational license created by a state licensing authority after August 28, 2020.

Notwithstanding any other provision of law, political subdivisions shall be prohibited from creating any new occupational licenses after August 28, 2020.

The provisions of this section shall not apply to business licenses, where the terms "occupational licenses" and "business licenses" are used interchangeably in a city or county charter definition.

324.035.

1.

No board, commission, or committee within the division of professional registration shall utilize occupational fees, or any other fees associated with licensing requirements, or contract or partner with any outside vendor or agency for the purpose of offering continuing education classes unless the continuing education program is approved by the director of the division of professional registration and is available to all licensees of the board, commission, or committee.

2.

Nothing in this section shall be construed to preclude a board, commission, or committee within the division of professional registration from utilizing occupational licensure fees for the purpose of participating in conferences, seminars, or other outreach for the purpose of communicating information to licensees with respect to changes in policy, law, or regulations.

329.050.

1.

Applicants for examination or licensure pursuant to this chapter shall possess the following qualifications:

(1) They shall provide documentation of successful completion of courses approved by the board, have an education equivalent to the successful completion of the tenth grade, and be at least seventeen years of age;

(2) If the applicants are apprentices, they shall have served and completed, as an apprentice under the supervision of a licensed cosmetologist, the time and studies required by the board which shall be no less than three thousand hours for cosmetologists, and no less than eight hundred hours for manicurists and no less than fifteen hundred hours for esthetics.

However, when the classified occupation of manicurist is apprenticed in conjunction with the classified occupation of cosmetologist, the apprentice shall be required to successfully complete an apprenticeship of no less than a total of three thousand hours;

(3) If the applicants are students, they shall have had the required time in a licensed school of no less than one thousand five hundred hours training or the credit hours determined by the formula in Subpart A of Part 668 of Section 668.8 of Title 34 of the Code of Federal Regulations, as amended, for the classification of cosmetologist, with the exception of public vocational technical schools in which a student shall complete no less than one thousand two hundred twenty hours training.

All students shall complete no less than four hundred hours or the credit hours determined by the formula in Subpart A of Part 668 of Section 668.8 of Title 34 of the Code of Federal Regulations, as amended, for the classification of manicurist.

All students shall complete no less than seven hundred fifty hours or the credit hours determined by the formula in Subpart A of Part 668 of Section 668.8 of Title of the Code of Federal Regulations, as amended, for the classification of esthetician.

However, when the classified occupation of manicurist is taken in conjunction with the classified occupation of cosmetologist, the student shall not be required to serve the extra four hundred hours or the credit hours determined by the formula in Subpart A of Part of Section 668.8 of Title 34 of the Code of Federal Regulations, as amended, otherwise required to include manicuring of nails;

and (4) They shall have passed an examination to the satisfaction of the board.

2.

A person may apply to take the examination required by subsection 1 of this section if the person is a graduate of a school of cosmetology or apprentice program in another state or territory of the United States which has substantially the same requirements as an educational establishment licensed pursuant to this chapter.