Effective - 01 Jan 2017
578.475. International marriage brokers, notice to recruits — criminal history record and marital history record to be disseminated — client requirements — violations, penalty. — 1. An international marriage broker shall provide notice to each recruit that the criminal history record information and marital history information of clients and basic rights information are available from the organization. The notice of the availability of such information must be in a conspicuous location, in the recruit's native language, in lettering that is at least one-quarter of an inch in height, and presented in a manner that separates the different types of information available.
2. An international marriage broker shall disseminate to a recruit the criminal history record information and marital history information of a client and basic rights information no later than thirty days after the date the international marriage broker receives the criminal history record information and the marital history information on the client. Such information must be provided in the recruit's native language and the organization shall pay the costs incurred to translate the information.
3. A client of an international marriage broker shall:
(1) Obtain a copy of his or her own criminal history record information;
(2) Provide the criminal history record information to the international marriage broker; and
(3) Provide to the international marriage broker his or her own marital history information.
4. An international marriage broker shall require the client to affirm that the marital history information is complete and accurate and includes information regarding marriages, annulments, and dissolutions that occurred in another state or foreign country.
5. An international marriage broker shall not provide any further services to the client or the recruit until the organization has obtained the required criminal history record information and marital history information and provided the information to the recruit.
6. An international marriage broker shall be deemed to be doing business in Missouri if it contracts for matchmaking services with a Missouri resident or is considered to be doing business pursuant to other laws of the state.
7. A person who is found guilty of violating the provisions of this section shall not be required to register as a sexual offender pursuant to the provisions of section 589.400, unless such person is otherwise required to register pursuant to the provisions of such section.
8. It shall be a class E felony to willfully provide incomplete or false information pursuant to this section.
9. Failure to provide the information and notice required pursuant to this section shall be a class E felony.
10. No provision of this section shall preempt any other right or remedy available under law to any party utilizing the services of an international marriage broker or other international marriage organization.
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(L. 2005 H.B. 353, A.L. 2014 S.B. 491)
Transferred 2014; formerly 566.221; Effective 1-01-17