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SECOND REGULAR SESSION
HOUSE BILL NO. 2966
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE BOSLEY .
4950H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 105.71 1 and 650.058, RSMo, and to enact in lieu thereof three new
sections relating to compensation for wrongful conviction.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 105.71 1 and 650.058, RSMo, are repealed and three new sections
2 enacted in lieu thereof, to be known as sections 105.71 1, 506.400, and 506.403, to read as
3 follows:
105.71 1. 1. There is hereby created a "State Legal Expense Fund" which shall consist
2 of moneys appropriated to the fund by the general assembly and moneys otherwise credited to
3 such fund pursuant to section 105.716.
4 2. Moneys in the state legal expense fund shall be available for the payment of any
5 claim or any amount required by any final judgment rendered by a court of competent
6 jurisdiction against:
7 (1) The state of Missouri, or any agency of the state, pursuant to section 536.050 or
8 536.087 or section 537.600;
9 (2) Any of ficer or employee of the state of Missouri or any agency of the state,
10 including, without limitation, elected of ficials, appointees, members of state boards or
11 commissions, and members of the Missouri National Guard upon conduct of such of ficer or
12 employee arising out of and performed in connection with his or her of ficial duties on behalf
13 of the state, or any agency of the state, provided that moneys in this fund shall not be
14 available for payment of claims made under chapter 287;
15 (3) (a) Any physician, psychiatrist, pharmacist, podiatrist, dentist, nurse, or other
16 health care provider licensed to practice in Missouri under the provisions of chapter 330, 332,
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.
17 334, 335, 336, 337 or 338 who is employed by the state of Missouri or any agency of the state
18 under formal contract to conduct disability reviews on behalf of the department of elementary
19 and secondary education or provide services to patients or inmates of state correctional
20 facilities on a part-time basis, and any physician, psychiatrist, pharmacist, podiatrist, dentist,
21 nurse, or other health care provider licensed to practice in Missouri under the provisions of
22 chapter 330, 332, 334, 335, 336, 337, or 338 who is under formal contract to provide services
23 to patients or inmates at a county jail on a part-time basis;
24 (b) Any physician licensed to practice medicine in Missouri under the provisions of
25 chapter 334 and his professional corporation or ganized pursuant to chapter 356 who is
26 employed by or under contract with a city or county health department or ganized under
27 chapter 192 or chapter 205, or a city health department operating under a city charter , or a
28 combined city-county health department to provide services to patients for medical care
29 caused by pregnancy , delivery , and child care, if such medical services are provided by the
30 physician pursuant to the contract without compensation or the physician is paid from no
31 other source than a governmental agency except for patient co-payments required by federal
32 or state law or local ordinance;
33 (c) Any physician licensed to practice medicine in Missouri under the provisions of
34 chapter 334 who is employed by or under contract with a federally funded community health
35 center or ganized under Section 315, 329, 330 or 340 of the Public Health Services Act (42
36 U.S.C. Section 216, 254c) to provide services to patients for medical care caused by
37 pregnancy , delivery , and child care, if such medical services are provided by the physician
38 pursuant to the contract or employment agreement without compensation or the physician is
39 paid from no other source than a governmental agency or such a federally funded community
40 health center except for patient co-payments required by federal or state law or local
41 ordinance. In the case of any claim or judgment that arises under this paragraph, the
42 aggregate of payments from the state legal expense fund shall be limited to a maximum of one
43 million dollars for all claims arising out of and judgments based upon the same act or acts
44 alleged in a single cause against any such physician, and shall not exceed one million dollars
45 for any one claimant;
46 (d) Any physician licensed pursuant to chapter 334 who is af filiated with and receives
47 no compensation from a nonprofit entity qualified as exempt from federal taxation under
48 Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, which of fers a free
49 health screening in any setting or any physician, nurse, physician assistant, dental hygienist,
50 dentist, or other health care professional licensed or registered under chapter 330, 331, 332,
51 334, 335, 336, 337, or 338 who provides health care services within the scope of his or her
52 license or registration at a city or county health department org anized under chapter 192 or
53 chapter 205, a city health department operating under a city charter , or a combined city-
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54 county health department, or a nonprofit community health center qualified as exempt from
55 federal taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended,
56 excluding federally funded community health centers as specified in paragraph (c) of this
57 subdivision and rural health clinics under 42 U.S.C. Section 1396d(l)(1), if such services are
58 restricted to primary care and preventive health services, provided that such services shall not
59 include the performance of an abortion, and if such health services are provided by the health
60 care professional licensed or registered under chapter 330, 331, 332, 334, 335, 336, 337, or
61 338 without compensation. MO HealthNet or Medicare payments for primary care and
62 preventive health services provided by a health care professional licensed or registered under
63 chapter 330, 331, 332, 334, 335, 336, 337, or 338 who volunteers at a community health
64 clinic is not compensation for the purpose of this section if the total payment is assigned to
65 the community health clinic. For the purposes of the section, "community health clinic"
66 means a nonprofit community health center qualified as exempt from federal taxation under
67 Section 501(c)(3) of the Internal Revenue Code of 1987, as amended, that provides primary
68 care and preventive health services to people without health insurance coverage. In the case
69 of any claim or judgment that arises under this paragraph, the aggregate of payments from the
70 state legal expense fund shall be limited to a maximum of five hundred thousand dollars, for
71 all claims arising out of and judgments based upon the same act or acts alleged in a single
72 cause and shall not exceed five hundred thousand dollars for any one claimant, and insurance
73 policies purchased pursuant to the provisions of section 105.721 shall be limited to five
74 hundred thousand dollars. Liability or malpractice insurance obtained and maintained in
75 force by or on behalf of any health care professional licensed or registered under chapter 330,
76 331, 332, 334, 335, 336, 337, or 338 shall not be considered available to pay that portion of a
77 judgment or claim for which the state legal expense fund is liable under this paragraph;
78 (e) Any physician, nurse, physician assistant, dental hygienist, or dentist licensed or
79 registered to practice medicine, nursing, or dentistry or to act as a physician assistant or dental
80 hygienist in Missouri under the provisions of chapter 332, 334, or 335, or lawfully practicing,
81 who provides medical, nursing, or dental treatment within the scope of his license or
82 registration to students of a school whether a public, private, or parochial elementary or
83 secondary school or summer camp, if such physician's treatment is restricted to primary care
84 and preventive health services and if such medical, dental, or nursing services are provided by
85 the physician, dentist, physician assistant, dental hygienist, or nurse without compensation.
86 In the case of any claim or judgment that arises under this paragraph, the aggregate of
87 payments from the state legal expense fund shall be limited to a maximum of five hundred
88 thousand dollars, for all claims arising out of and judgments based upon the same act or acts
89 alleged in a single cause and shall not exceed five hundred thousand dollars for any one
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90 claimant, and insurance policies purchased pursuant to the provisions of section 105.721 shall
91 be limited to five hundred thousand dollars; or
92 (f) Any physician licensed under chapter 334, or dentist licensed under chapter 332,
93 providing medical care without compensation to an individual referred to his or her care by a
94 city or county health department org anized under chapter 192 or 205, a city health department
95 operating under a city charter , or a combined city-county health department, or nonprofit
96 health center qualified as exempt from federal taxation under Section 501(c)(3) of the Internal
97 Revenue Code of 1986, as amended, or a federally funded community health center or ganized
98 under Section 315, 329, 330, or 340 of the Public Health Services Act, 42 U.S.C. Section
99 216, 254c; provided that such treatment shall not include the performance of an abortion. In
100 the case of any claim or judgment that arises under this paragraph, the aggregate of payments
101 from the state legal expense fund shall be limited to a maximum of one million dollars for all
102 claims arising out of and judgments based upon the same act or acts alleged in a single cause
103 and shall not exceed one million dollars for any one claimant, and insurance policies
104 purchased under the provisions of section 105.721 shall be limited to one million dollars.
105 Liability or malpractice insurance obtained and maintained in force by or on behalf of any
106 physician licensed under chapter 334, or any dentist licensed under chapter 332, shall not be
107 considered available to pay that portion of a judgment or claim for which the state legal
108 expense fund is liable under this paragraph;
109 (4) Staff employed by the juvenile division of any judicial circuit;
110 (5) Any attorney licensed to practice law in the state of Missouri who practices law at
111 or through a nonprofit community social services center qualified as exempt from federal
112 taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, or
113 through any agency of any federal, state, or local government, if such legal practice is
114 provided by the attorney without compensation. In the case of any claim or judgment that
115 arises under this subdivision, the aggregate of payments from the state legal expense fund
116 shall be limited to a maximum of five hundred thousand dollars for all claims arising out of
117 and judgments based upon the same act or acts alleged in a single cause and shall not exceed
118 five hundred thousand dollars for any one claimant, and insurance policies purchased
119 pursuant to the provisions of section 105.721 shall be limited to five hundred thousand
120 dollars;
121 (6) Any social welfare board created under section 205.770 and the members and
122 of ficers thereof upon conduct of such of ficer or employee while acting in his or her capacity
123 as a board member or of ficer , and any physician, nurse, physician assistant, dental hygienist,
124 dentist, or other health care professional licensed or registered under chapter 330, 331, 332,
125 334, 335, 336, 337, or 338 who is referred to provide medical care without compensation by
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126 the board and who provides health care services within the scope of his or her license or
127 registration as prescribed by the board; or
128 (7) Any person who is selected or appointed by the state director of revenue under
129 subsection 2 of section 136.055 to act as an agent of the department of revenue, to the extent
130 that such agent's actions or inactions upon which such claim or judgment is based were
131 performed in the course of the person's of ficial duties as an agent of the department of
132 revenue and in the manner required by state law or department of revenue rules.
133 3. Moneys in the state legal expense fund shall be available for the payment of
134 any claim or any amount r equir ed by any final judgment r endere d by a court of
135 competent jurisdiction for the purposes of paying judgments arising fro m claims under
136 section 506.400.
137 4. The department of health and senior services shall promulgate rules regarding
138 contract procedures and the documentation of care provided under paragraphs (b), (c), (d),
139 (e), and (f) of subdivision (3) of subsection 2 of this section. The limitation on payments
140 from the state legal expense fund or any policy of insurance procured pursuant to the
141 provisions of section 105.721, provided in subsection [ 7 ] 8 of this section, shall not apply to
142 any claim or judgment arising under paragraph (a), (b), (c), (d), (e), or (f) of subdivision (3) of
143 subsection 2 of this section. Any claim or judgment arising under paragraph (a), (b), (c), (d),
144 (e), or (f) of subdivision (3) of subsection 2 of this section shall be paid by the state legal
145 expense fund or any policy of insurance procured pursuant to section 105.721, to the extent
146 damages are allowed under sections 538.205 to 538.235. Liability or malpractice insurance
147 obtained and maintained in force by any health care professional licensed or registered under
148 chapter 330, 331, 332, 334, 335, 336, 337, or 338 for coverage concerning his or her private
149 practice and assets shall not be considered available under subsection [ 7 ] 8 of this section to
150 pay that portion of a judgment or claim for which the state legal expense fund is liable under
151 paragraph (a), (b), (c), (d), (e), or (f) of subdivision (3) of subsection 2 of this section.
152 However , a health care professional licensed or registered under chapter 330, 331, 332, 334,
153 335, 336, 337, or 338 may purchase liability or malpractice insurance for coverage of liability
154 claims or judgments based upon care rendered under paragraphs (c), (d), (e), and (f) of
155 subdivision (3) of subsection 2 of this section which exceed the amount of liability coverage
156 provided by the state legal expense fund under those paragraphs. Even if paragraph (a), (b),
157 (c), (d), (e), or (f) of subdivision (3) of subsection 2 of this section is repealed or modified, the
158 state legal expense fund shall be available for damages which occur while the pertinent
159 paragraph (a), (b), (c), (d), (e), or (f) of subdivision (3) of subsection 2 of this section is in
160 ef fect.
161 [ 4. ] 5. The attorney general shall promulgate rules regarding contract procedures and
162 the documentation of legal practice provided under subdivision (5) of subsection 2 of this
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163 section. The limitation on payments from the state legal expense fund or any policy of
164 insurance procured pursuant to section 105.721 as provided in subsection [ 7 ] 8 of this section
165 shall not apply to any claim or judgment arising under subdivision (5) of subsection 2 of this
166 section. Any claim or judgment arising under subdivision (5) of subsection 2 of this section
167 shall be paid by the state legal expense fund or any policy of insurance procured pursuant to
168 section 105.721 to the extent damages are allowed under sections 538.205 to 538.235.
169 Liability or malpractice insurance otherwise obtained and maintained in force shall not be
170 considered available under subsection [ 7 ] 8 of this section to pay that portion of a judgment or
171 claim for which the state legal expense fund is liable under subdivision (5) of subsection 2 of
172 this section. However , an attorney may obtain liability or malpractice insurance for coverage
173 of liability claims or judgments based upon legal practice rendered under subdivision (5) of
174 subsection 2 of this section that exceed the amount of liability coverage provided by the state
175 legal expense fund under subdivision (5) of subsection 2 of this section. Even if subdivision
176 (5) of subsection 2 of this section is repealed or amended, the state legal expense fund shall be
177 available for damages that occur while the pertinent subdivision (5) of subsection 2 of this
178 section is in effect.
179 [ 5. ] 6. All payments shall be made from the state legal expense fund by the
180 commissioner of administration with the approval of the attorney general. Payment from the
181 state legal expense fund of a claim or final judgment award against a health care professional
182 licensed or registered under chapter 330, 331, 332, 334, 335, 336, 337, or 338, described in
183 paragraph (a), (b), (c), (d), (e), or (f) of subdivision (3) of subsection 2 of this section, or
184 against an attorney in subdivision (5) of subsection 2 of this section, shall only be made for
185 services rendered in accordance with the conditions of such paragraphs. In the case of any
186 claim or judgment against an of ficer or employee of the state or any agency of the state based
187 upon conduct of such of ficer or employee arising out of and performed in connection with his
188 or her official duties on behalf of the state or any agency of the state that would give rise to a
189 cause of action under section 537.600, the state legal expense fund shall be liable, excluding
190 punitive damages, for:
191 (1) Economic damages to any one claimant; and
192 (2) Up to three hundred fifty thousand dollars for noneconomic damages.
193
194 The state legal expense fund shall be the exclusive remedy and shall preclude any other civil
195 actions or proceedings for money damages arising out of or relating to the same subject
196 matter against the state of ficer or employee, or the of ficer's or employee's estate. No of ficer
197 or employee of the state or any agency of the state shall be individually liable in his or her
198 personal capacity for conduct of such of ficer or employee arising out of and performed in
199 connection with his or her of ficial duties on behalf of the state or any agency of the state. The
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200 provisions of this subsection shall not apply to any defendant who is not an of ficer or
201 employee of the state or any agency of the state in any proceeding against an of ficer or
202 employee of the state or any agency of the state. Nothing in this subsection shall limit the
203 rights and remedies otherwise available to a claimant under state law or common law in
204 proceedings where one or more defendants is not an of ficer or employee of the state or any
205 agency of the state.
206 [ 6. ] 7. The limitation on awards for noneconomic damages provided for in this
207 subsection shall be increased or decreased on an annual basis ef fective January first of each
208 year in accordance with the Implicit Price Deflator for Personal Consumption Expenditures as
209 published by the Bureau of Economic Analysis of the United States Department of
210 Commerce. The current value of the limitation shall be calculated by the director of the
211 department of commerce and insurance, who shall furnish that value to the secretary of state,
212 who shall publish such value in the Missouri Register as soon after each January first as
213 practicable, but it shall otherwise be exempt from the provisions of section 536.021.
214 [ 7. ] 8. Except as provided in subsection [ 3 ] 4 of this section, in the case of any claim
215 or judgment that arises under sections 537.600 and 537.610 against the state of Missouri, or
216 an agency of the state, the aggregate of payments from the state legal expense fund and from
217 any policy of insurance procured pursuant to the provisions of section 105.721 shall not
218 exceed the limits of liability as provided in sections 537.600 to 537.610. No payment shall be
219 made from the state legal expense fund or any policy of insurance procured with state funds
220 pursuant to section 105.721 unless and until the benefits provided to pay the claim by any
221 other policy of liability insurance have been exhausted.
222 [ 8. ] 9. The provisions of section 33.080 notwithstanding, any moneys remaining to
223 the credit of the state legal expense fund at the end of an appropriation period shall not be
224 transferred to general revenue.
225 [ 9. ] 10. Any rule or portion of a rule, as that term is defined in section 536.010, that is
226 promulgated under the authority delegated in sections 105.71 1 to 105.726 shall become
227 ef fective only if it has been promulgated pursuant to the provisions of chapter 536. Nothing
228 in this section shall be interpreted to repeal or af fect the validity of any rule filed or adopted
229 prior to August 28, 1999, if it fully complied with the provisions of chapter 536. This section
230 and chapter 536 are nonseverable and if any of the powers vested with the general assembly
231 pursuant to chapter 536 to review , to delay the ef fective date, or to disapprove and annul a
232 rule are subsequently held unconstitutional, then the grant of rulemaking authority and any
233 rule proposed or adopted after August 28, 1999, shall be invalid and void.
506.400. 1. As used in this section, "claimant" means a person convicted and
2 subsequently imprisoned for one or mor e offenses that such person did not commit.
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3 2. Notwithstanding any other pr ovision of law , a claimant may bring an action in
4 the circu it court seeking damages fr om the state under this section.
5 3. (1) The claimant shall establish the following by a pr eponderance of evidence:
6 (a) The claimant was convicted of a felony offense and subsequently imprisoned;
7 (b) The claimant's judgment of conviction was reversed or vacated and either
8 the charges were dismissed or on r etrial the claimant was found to be not guilty;
9 (c) The claimant did not commit the offense or offenses for which the claimant
10 was convicted and was not an accessory or accomplice to the acts that wer e the basis of
11 the conviction and resulte d in a reversal or vacation of the judgment of conviction,
12 dismissal of the charges, or finding of not guilty on r etrial; and
13 (d) The claimant did not commit or suborn perjury , fabricate evidence, or by the
14 claimant's own conduct cause or bring about the conviction. Neither a confession or
15 admission later found to be false nor a guilty plea shall constitute committing or
16 suborning perjury , fabricating evidence, or causing or bringing about the conviction
17 under this subsection.
18 (2) The court, in exer cising its discr etion as permitted by law reg arding the
19 weight and admissibility of evidence submitted under this section, may , in the inter est of
20 justice, give due consideration to difficulties of pr oof caused by the passage of time, the
21 death or unavailability of witnesses, the destruction of evidence, or other factors not
22 caused by such persons or those acting on their behalf.
23 4. (1) The suit, accompanied by a statement of the facts concerning the claim for
24 damages, verified in the manner prov ided for the verification of complaints in the rules
25 of civil proce dure, shall be br ought by the claimant within a period of two years after
26 the:
27 (a) Dismissal of the criminal charges against the claimant or finding of not guilty
28 on r etrial; or
29 (b) Grant of a pardon to the claimant.
30 (2) A claimant convicted, imprisoned, and relea sed fr om custody befor e August
31 28, 2026, shall commence an action under this section no later than August 28, 2028.
32 (3) All pleadings shall be captioned "In the matter of the wr ongful conviction
33 of".
34 (4) Any claim filed under this section shall be served on the attorney general.
35 (5) The suit for a claim filed under this section shall be tried by the court, and no
36 r equest for a jury trial shall be made.
37 5. (1) Damages awarded under this section shall be:
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38 (a) Except as pr ovided in subdivision (2) of this subsection, one hundr ed seventy-
39 nine dollars per day for each day of imprisonment but no mor e than sixty-five thousand
40 dollars per fiscal year; and
41 (b) Not less than twenty-five thousand dollars for each additional year served on
42 par ole or postr elease supervision or each additional year the claimant was re quir ed to
43 r egister as a sexual offender under sections 589.400 to 589.425, whichever is great er .
44 (2) A claimant shall not r eceive compensation for any period of incar ceration
45 during which the claimant was concurr ently serving a sentence for a conviction of
46 another crime for which such claimant was lawfully incar cerated.
47 (3) (a) Except as pr ovided in paragraph (b) of this subdivision, the court shall
48 order that the award be paid as a combination of an initial payment not to exceed one
49 hundr ed thousand dollars or twenty-five percen t of the award, whichever is gr eater , and
50 the rem ainder as an annuity not to exceed eighty thousand dollars per year . The
51 claimant shall designate a beneficiary or beneficiaries for the annuity by filing such
52 designation with the court.
53 (b) The court may order that the award be paid in one lump sum if the court
54 finds that it is in the best inter ests of the claimant.
55 (4) In addition to the damages awarded under subdivision (1) of this subsection,
56 the claimant:
57 (a) Shall be entitled to receive r easonable attorney's fees and costs incurr ed in
58 the action bro ught under this section not to exceed a total of twenty-five thousand
59 dollars, unless a great er r easonable total is authorized by the court upon a finding of
60 good cause shown;
61 (b) May also be awarded other nonmonetary reli ef as sought in the complaint
62 including, but not limited to, counseling, housing assistance, and personal financial
63 literacy assistance, as appr opriate; and
64 (c) Shall be entitled to receive tuition assistance under section 506.403.
65 6. (1) If, at the time of the judgment entry r eferr ed to in subsection 5 of this
66 section, the claimant has won a monetary award against the state or any political
67 subdivision ther eof in a civil action re lated to the same subject, or has enter ed into a
68 settlement agre ement with the state or any political subdivision ther eof rel ated to the
69 same subject, the amount of the award in the action or the amount receive d in the
70 settlement agr eement, less any sums paid to attorneys or for costs in litigating the other
71 civil action or obtaining the settlement agreement, shall be deducted fr om the sum of
72 moneys to which the claimant is entitled under this section. The court shall include in
73 the judgment entry an award to the state of any amount deducted under this subsection.
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74 (2) If subdivision (1) of this subsection does not apply and if, after the time of the
75 judgment entry ref erred to in subsection 5 of this section, the claimant wins a monetary
76 award against the state or any political subdivision ther eof in a civil action rel ated to the
77 same subject, or enters into a settlement agreement with the state or any political
78 subdivision ther eof r elated to the same subject, the claimant shall rei mburse the state
79 for the sum of moneys paid under the judgment entry referr ed to in subsection 5 of this
80 section, less any sums paid to attorneys or for costs in litigating the other civil action or
81 obtaining the settlement agr eement. A reim bursement requi red under this subsection
82 shall not exceed the amount of the monetary award the claimant wins for damages in the
83 other civil action or the amount receiv ed in the settlement agreement.
84 7. If the court finds that the claimant is entitled to a judgment, it shall enter a
85 certificate of innocence finding that the claimant was innocent of all offenses for which
86 the claimant was mistakenly convicted. The clerk of the court shall send a certified copy
87 of the certificate of innocence and the judgment entry to the attorney general for
88 payment under section 105.71 1.
89 8. Upon entry of a certificate of innocence, the claimant shall automatically be
90 granted an order of expungement fr om the court in which he or she pled guilty or was
91 sentenced to expunge fr om all official r ecords or record ations of his or her arres t, plea,
92 trial, or conviction. Upon granting of the order of expungement, the record s and files
93 maintained in any administrative or court pro ceeding in an associate or circu it division
94 of the court shall be confidential and only available to the parties or by order of the
95 court for good cause shown. The effect of such order shall be to re store such person to
96 the status he or she occupied prior to such arres t, plea, or conviction and as if such event
97 had never taken place. No person as to whom such order has been enter ed shall be held
98 ther eafter under any pr ovision of any law to be guilty of perjury or otherwise giving a
99 false statement by reas on of his or her failure to reci te or acknowledge such arr est, plea,
100 trial, conviction, or expungement in res ponse to any inquiry made of him or her for any
101 purpose whatsoever , and no such inquiry shall be made for information r elating to an
102 expungement under this subsection.
103 9. Upon entry of a certificate of innocence, the court shall order the
104 expungement and destruction of the associated biological samples authorized by and
105 given to the Missouri state highway patr ol. The order shall state the information
106 r equir ed to be stated in a petition to expunge and destro y the samples and pr ofile reco rd
107 and shall dir ect the Missouri state highway patrol to expunge and destro y such samples
108 and pr ofile r ecord. The clerk of the court shall send a certified copy of the order to the
109 Missouri state highway patr ol, which shall carry out the order and pr ovide confirmation
110 of such action to the court. Nothing in this subsection shall req uire the Missouri state
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111 highway patrol to expunge and destro y any sample or pr ofile recor d associated with the
112 claimant that was r elated to any offense other than the offense for which the court has
113 enter ed a certificate of innocence.
114 10. The decision to grant or deny a certificate of innocence shall not have a res
115 judicata effect on any other proc eedings.
116 1 1. Nothing in this section shall precl ude the department of corr ections fr om
117 pr oviding a claimant reen try services that are pr ovided to other persons including, but
118 not limited to, financial assistance, housing assistance, mentoring, and counseling. Such
119 services shall be pr ovided while an action under this section is pending and after any
120 judgment is enter ed, as appr opriate for such claimant.
121 12. A decision under this section may be appealed to the supr eme court.
506.403. 1. Any individual awarded tuition assistance under section 506.400
2 shall r eceive a waiver of tuition and requ ired fees for attendance at a public institution
3 of higher education for up to one hundred twenty cred it hours. Such individual may
4 attend a public institution of higher education either full-time or part-time.
5 2. (1) Subject to appr opriations, the department of higher education may make
6 expenditur es to each individual awarded tuition assistance under section 506.400 who is
7 enr olled in a public institution of higher education for reim bursement of additional fees
8 including, but not limited to, fees for roo m and board, technical equipment, and course-
9 r equir ed books.
10 (2) No public institution of higher education shall delay enr ollment of an
11 individual who is awarded tuition assistance under section 506.400 because
1 2 appr opriations are not available for any additional fees pro vided to such individual.
13 3. T o rem ain eligible for the tuition and fees waiver under this section, an
14 individual shall rem ain in good standing at the public institution of higher education
15 wher e the individual is enr olled.
16 4. Individuals shall pr ovide a written or electr onic copy of the court order
17 awarding r elief in the form of tuition assistance to the public institution of higher
18 education or the department of higher education.
19 5. The department of higher education shall adopt rules and r egulations to
20 administer the pr ovisions of this section. Any rule or portion of a rule, as that term is
21 defined in section 536.010, that is cr eated under the authority delegated in this section
22 shall become effective only if it complies with and is subject to all of the provi sions of
23 chapter 536 and, if applicable, section 536.028. This section and chapter 536 are
24 nonseverable and if any of the powers vested with the general assembly pursuant to
25 chapter 536 to review , to delay the effective date, or to disappr ove and annul a rule ar e
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26 subsequently held unconstitutional, then the grant of rulemaking authority and any rule
27 pr oposed or adopted after August 28, 2026, shall be invalid and void.
[ 650.058. 1. Notwithstanding the sovereign immunity of the state, any
2 individual who was found guilty of a felony in a Missouri court and was later
3 determined to be actually innocent of such crime may be paid restitution. The
4 individual may receive an amount of one hundred seventy-nine dollars per day
5 for each day of postconviction incarceration for the crime for which the
6 individual is determined to be actually innocent. The petition for the payment
7 of said restitution shall be filed with the sentencing court. For the purposes of
8 this section, the term "actually innocent" shall mean:
9 (1) The individual was convicted of a felony for which a final order of
10 release was entered by the court;
11 (2) All appeals of the order of release have been exhausted;
12 (3) The individual was not serving any term of a sentence for any other
13 crime concurrently with the sentence for which he or she is determined to be
14 actually innocent, unless such individual was serving another concurrent
15 sentence because his or her parole was revoked by a court or the parole board
16 in connection with the crime for which the person has been exonerated.
17 Regardless of whether any other basis may exist for the revocation of the
18 person's probation or parole at the time of conviction for the crime for which
19 the person is later determined to be actually innocent, when the court's or the
20 parole board's sole stated reason for the revocation in its order is the conviction
21 for the crime for which the person is later determined to be actually innocent,
22 such order shall, for purposes of this section only , be conclusive evidence that
23 the persons's probation or parole was revoked in connection with the crime for
24 which the person has been exonerated; and
25 (4) T esting ordered under section 547.035, or testing by the order of
26 any state or federal court, if such person was exonerated on or before August
27 28, 2004, or testing ordered under section 650.055, if such person was or is
28 exonerated after August 28, 2004, or after an evidentiary hearing and finding
29 in a habeas corpus proceeding or a proceeding held pursuant to section
30 547.031 which demonstrates a person's innocence of the crime for which the
31 person is in custody .
32
33 Any individual who receives restitution under this section shall be prohibited
34 from seeking any civil redress from the state, its departments and agencies, or
35 any employee thereof, or any political subdivision or its employees. This
36 section shall not be construed as a waiver of sovereign immunity for any
37 purposes other than the restitution provided for herein. The department of
38 corrections shall determine the aggregate amount of restitution owed during a
39 fiscal year . If insufficie nt moneys are appropriated each fiscal year to pay
40 restitution to such persons, the department shall pay each individual who has
41 received an order awarding restitution a pro rata share of the amount
42 appropriated. Provided suf ficient moneys are appropriated to the department,
43 the amounts owed to such individual shall be paid on June thirtieth of each
44 subsequent fiscal year , until such time as the restitution to the individual has
45 been paid in full. However , no individual awarded restitution under this
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46 subsection shall receive more than sixty-five thousand dollars during each
47 fiscal year . No interest on unpaid restitution shall be awarded to the
48 individual. However , an individual may also be awarded other nonmonetary
49 relief, including counseling, housing assistance, and personal financial literary
50 assistance.
51 2. If the results of the DNA testing confirm the person's guilt, then the
52 person filing for DNA testing under section 547.035, shall:
53 (1) Be liable for any reasonable costs incurred when conducting the
54 DNA test, including but not limited to the cost of the test. Such costs shall be
55 determined by the court and shall be included in the findings of fact and
56 conclusions of law made by the court; and
57 (2) Be sanctioned under the provisions of section 217.262.
58 3. A petition for payment of restitution under this section may be filed
59 only by the individual determined to be actually innocent or the individual's
60 legal guardian. No claim or petition for restitution under this section may be
61 filed by the individual's heirs or assigns. An individual's right to receive
62 restitution under this section is not assignable or otherwise transferrable. The
63 state's obligation to pay restitution under this section shall cease upon the
64 individual's death. Any beneficiary designation that purports to bequeath,
65 assign, or otherwise convey the right to receive such restitution shall be void
66 and unenforceable.
67 4. An individual who is determined to be actually innocent of a crime
68 under this chapter shall automatically be granted an order of expungement
69 from the court in which he or she pled guilty or was sentenced to expunge
70 from all of ficial records all recordations of his or her arrest, plea, trial or
71 conviction. Upon the court's granting of the order of expungement, the records
72 and files maintained in any administrative or court proceeding in an associate
73 or circuit division of the court shall be confidential and available only to the
74 parties or by order of the court for good cause shown. The ef fect of such order
75 shall be to restore such person to the status he or she occupied prior to such
76 arrest, plea or conviction and as if such event had never taken place. No
77 person as to whom such order has been entered shall be held thereafter under
78 any provision of any law to be guilty of perjury or otherwise giving a false
79 statement by reason of his or her failure to recite or acknowledge such arrest,
80 plea, trial, conviction or expungement in response to any inquiry made of him
81 or her for any purpose whatsoever and no such inquiry shall be made for
82 information relating to an expungement under this section. ]
✔
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