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SECOND REGULAR SESSION
HOUSE BILL NO. 1633
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE OVERCAST .
4206H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 544, RSMo, by adding thereto one new section relating to public access to
arrest warrant records.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 544, RSMo, is amended by adding thereto one new section, to be
2 known as section 544.075, to read as follows:
544.075. 1. As used in this section, the following terms mean:
2 (1) "Covered offense", includes the following:
3 (a) Any felony classified as a class A or class B felony under Missouri law;
4 (b) Any dangerous felony as defined in section 556.061; or
5 (c) Any offense under chapter 566 involving a victim under eighteen years of
6 age;
7 (2) "Public access system", any online or electr onic case management system
8 operated or maintained by the Missouri judiciary or its designees.
9 2. Notwithstanding any other pr ovision of law , any arres t warrant, pr obable
10 cause affidavit, or associated court r ecord issued in connection with a cover ed offense
11 shall not be made available to the public thr ough any public access system until:
12 (1) The warrant has been executed and the accused has been taken into custody;
13 or
14 (2) A pr osecuting attorney files a written motion and the court, upon good cause
15 shown, determines that public disclosur e of the warrant is necessary to pr otect public
16 safety or advance the administration of justice.
17 3. The pr ovisions of subsection 2 of this section shall not apply to:
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.
18 (1) Law enforcem ent officers, prosecuting attorneys, defense attorneys, or court
19 personnel engaged in the investigation, pro secution, or defense of a case;
20 (2) The accused or his or her attorney , upon execution of the warrant and
21 initiation of proc eedings;
22 (3) The victim or victim's advocate; or
23 (4) Any person authorized by court order .
24 4. Nothing in this section shall be construed to limit the court's authority to:
25 (1) Issue pr otective orders safeguarding the identity of a victim;
26 (2) Seal additional portions of the reco rd to pr event undue harm or
27 r etraumatization of victims; or
28 (3) Release limited information necessary to aid in locating a fugitive, pr ovided
29 the accused's rights are not pr ejudiced.
30 5. Court clerks, judges, and state or local officials shall not be held civilly or
31 criminally liable for r estricting access to information in good faith compliance with this
32 section.
33 6. The office of state courts administrator shall pr omulgate rules and proced ures
34 to ensure compliance with this section, including the implementation of technical
35 contr ols for the public access system. Any rule or portion of a rule, as that term is
36 defined in section 536.010, that is cr eated under the authority delegated in this section
37 shall become effective only if it complies with and is subject to all of the provi sions of
38 chapter 536 and, if applicable, section 536.028. This section and chapter 536 are
39 nonseverable and if any of the powers vested with the general assembly pursuant to
40 chapter 536 to review , to delay the effective date, or to disappr ove and annul a rule ar e
41 subsequently held unconstitutional, then the grant of rulemaking authority and any rule
42 pr oposed or adopted after August 28, 2026, shall be invalid and void.
43 7. The pro visions of this section amend court operating rule 2.04 relat ing to
44 access to case r ecords, and the pr ovisions of this section shall govern if ther e is a conflict
45 between this section and court operating rule 2.04 as it rel ates to public access to arr est
46 warrant r ecords.
✔
HB 1633 2