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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1170
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR ROBERTS.
5069S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 105.711 and 650.058, RSMo, and to enact in lieu thereof three new sections
relating to compensation for wrongful convictions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 105.711 and 650.058, RSMo, are 1
repealed and three new sections enacted in lieu thereof, to be 2
known as sections 105.711, 506.400, and 506.403, to read as 3
follows:4
105.711. 1. There is hereby created a "State Legal 1
Expense Fund" which shall consist of moneys appropriated to 2
the fund by the general assembly and moneys otherwise 3
credited to such fund pursuant to section 105.716. 4
2. Moneys in the state legal expense fund shall be 5
available for the payment of any claim or any amount 6
required by any final judgment rendered by a court of 7
competent jurisdiction against: 8
(1) The state of Missouri, or any agency of the state, 9
pursuant to section 536.050 or 536.087 or section 537.600; 10
(2) Any officer or employee of the state of Missouri 11
or any agency of the state, including, without limitation, 12
elected officials, appointees, members of state boards or 13
commissions, and members of the Missouri National Guard upon 14
conduct of such officer or employee arising out of and 15
performed in connection with his or her official duties on 16
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behalf of the state, or any agency of the state, provided 17
that moneys in this fund shall not be available for payment 18
of claims made under chapter 287; 19
(3) (a) Any physician, psychiatrist, pharmacist, 20
podiatrist, dentist, nurse, or other health care provider 21
licensed to practice in Missouri under the provisions of 22
chapter 330, 332, 334, 335, 336, 337 or 338 who is employed 23
by the state of Missouri or any agency of the state under 24
formal contract to conduct disability reviews on behalf of 25
the department of elementary and secondary education or 26
provide services to patients or inmates of state 27
correctional facilities on a part-time basis, and any 28
physician, psychiatrist, pharmacist, podiatrist, dentist, 29
nurse, or other health care provider licensed to practice in 30
Missouri under the provisions of chapter 330, 332, 334, 335, 31
336, 337, or 338 who is under formal contract to provide 32
services to patients or inmates at a county jail on a part- 33
time basis; 34
(b) Any physician licensed to practice medicine in 35
Missouri under the provisions of chapter 334 and his 36
professional corporation organized pursuant to chapter 356 37
who is employed by or under contract with a city or county 38
health department organized under chapter 192 or chapter 39
205, or a city health department operating under a city 40
charter, or a combined city-county health department to 41
provide services to patients for medical care caused by 42
pregnancy, delivery, and child care, if such medical 43
services are provided by the physician pursuant to the 44
contract without compensation or the physician is paid from 45
no other source than a governmental agency except for 46
patient co-payments required by federal or state law or 47
local ordinance; 48
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(c) Any physician licensed to practice medicine in 49
Missouri under the provisions of chapter 334 who is employed 50
by or under contract with a federally funded community 51
health center organized under Section 315, 329, 330 or 340 52
of the Public Health Services Act (42 U.S.C. Section 216, 53
254c) to provide services to patients for medical care 54
caused by pregnancy, delivery, and child care, if such 55
medical services are provided by the physician pursuant to 56
the contract or employment agreement without compensation or 57
the physician is paid from no other source than a 58
governmental agency or such a federally funded community 59
health center except for patient co-payments required by 60
federal or state law or local ordinance. In the case of any 61
claim or judgment that arises under this paragraph, the 62
aggregate of payments from the state legal expense fund 63
shall be limited to a maximum of one million dollars for all 64
claims arising out of and judgments based upon the same act 65
or acts alleged in a single cause against any such 66
physician, and shall not exceed one million dollars for any 67
one claimant; 68
(d) Any physician licensed pursuant to chapter 334 who 69
is affiliated with and receives no compensation from a 70
nonprofit entity qualified as exempt from federal taxation 71
under Section 501(c)(3) of the Internal Revenue Code of 72
1986, as amended, which offers a free health screening in 73
any setting or any physician, nurse, physician assistant, 74
dental hygienist, dentist, or other health care professional 75
licensed or registered under chapter 330, 331, 332, 334, 76
335, 336, 337, or 338 who provides health care services 77
within the scope of his or her license or registration at a 78
city or county health department organized under chapter 192 79
or chapter 205, a city health department operating under a 80
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city charter, or a combined city-county health department, 81
or a nonprofit community health center qualified as exempt 82
from federal taxation under Section 501(c)(3) of the 83
Internal Revenue Code of 1986, as amended, excluding 84
federally funded community health centers as specified in 85
paragraph (c) of this subdivision and rural health clinics 86
under 42 U.S.C. Section 1396d(l)(1), if such services are 87
restricted to primary care and preventive health services, 88
provided that such services shall not include the 89
performance of an abortion, and if such health services are 90
provided by the health care professional licensed or 91
registered under chapter 330, 331, 332, 334, 335, 336, 337, 92
or 338 without compensation. MO HealthNet or Medicare 93
payments for primary care and preventive health services 94
provided by a health care professional licensed or 95
registered under chapter 330, 331, 332, 334, 335, 336, 337, 96
or 338 who volunteers at a community health clinic is not 97
compensation for the purpose of this section if the total 98
payment is assigned to the community health clinic. For the 99
purposes of the section, "community health clinic" means a 100
nonprofit community health center qualified as exempt from 101
federal taxation under Section 501(c)(3) of the Internal 102
Revenue Code of 1987, as amended, that provides primary care 103
and preventive health services to people without health 104
insurance coverage. In the case of any claim or judgment 105
that arises under this paragraph, the aggregate of payments 106
from the state legal expense fund shall be limited to a 107
maximum of five hundred thousand dollars, for all claims 108
arising out of and judgments based upon the same act or acts 109
alleged in a single cause and shall not exceed five hundred 110
thousand dollars for any one claimant, and insurance 111
policies purchased pursuant to the provisions of section 112
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105.721 shall be limited to five hundred thousand dollars. 113
Liability or malpractice insurance obtained and maintained 114
in force by or on behalf of any health care professional 115
licensed or registered under chapter 330, 331, 332, 334, 116
335, 336, 337, or 338 shall not be considered available to 117
pay that portion of a judgment or claim for which the state 118
legal expense fund is liable under this paragraph; 119
(e) Any physician, nurse, physician assistant, dental 120
hygienist, or dentist licensed or registered to practice 121
medicine, nursing, or dentistry or to act as a physician 122
assistant or dental hygienist in Missouri under the 123
provisions of chapter 332, 334, or 335, or lawfully 124
practicing, who provides medical, nursing, or dental 125
treatment within the scope of his license or registration to 126
students of a school whether a public, private, or parochial 127
elementary or secondary school or summer camp, if such 128
physician's treatment is restricted to primary care and 129
preventive health services and if such medical, dental, or 130
nursing services are provided by the physician, dentist, 131
physician assistant, dental hygienist, or nurse without 132
compensation. In the case of any claim or judgment that 133
arises under this paragraph, the aggregate of payments from 134
the state legal expense fund shall be limited to a maximum 135
of five hundred thousand dollars, for all claims arising out 136
of and judgments based upon the same act or acts alleged in 137
a single cause and shall not exceed five hundred thousand 138
dollars for any one claimant, and insurance policies 139
purchased pursuant to the provisions of section 105.721 140
shall be limited to five hundred thousand dollars; or 141
(f) Any physician licensed under chapter 334, or 142
dentist licensed under chapter 332, providing medical care 143
without compensation to an individual referred to his or her 144
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care by a city or county health department organized under 145
chapter 192 or 205, a city health department operating under 146
a city charter, or a combined city-county health department, 147
or nonprofit health center qualified as exempt from federal 148
taxation under Section 501(c)(3) of the Internal Revenue 149
Code of 1986, as amended, or a federally funded community 150
health center organized under Section 315, 329, 330, or 340 151
of the Public Health Services Act, 42 U.S.C. Section 216, 152
254c; provided that such treatment shall not include the 153
performance of an abortion. In the case of any claim or 154
judgment that arises under this paragraph, the aggregate of 155
payments from the state legal expense fund shall be limited 156
to a maximum of one million dollars for all claims arising 157
out of and judgments based upon the same act or acts alleged 158
in a single cause and shall not exceed one million dollars 159
for any one claimant, and insurance policies purchased under 160
the provisions of section 105.721 shall be limited to one 161
million dollars. Liability or malpractice insurance 162
obtained and maintained in force by or on behalf of any 163
physician licensed under chapter 334, or any dentist 164
licensed under chapter 332, shall not be considered 165
available to pay that portion of a judgment or claim for 166
which the state legal expense fund is liable under this 167
paragraph; 168
(4) Staff employed by the juvenile division of any 169
judicial circuit; 170
(5) Any attorney licensed to practice law in the state 171
of Missouri who practices law at or through a nonprofit 172
community social services center qualified as exempt from 173
federal taxation under Section 501(c)(3) of the Internal 174
Revenue Code of 1986, as amended, or through any agency of 175
any federal, state, or local government, if such legal 176
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practice is provided by the attorney without compensation. 177
In the case of any claim or judgment that arises under this 178
subdivision, the aggregate of payments from the state legal 179
expense fund shall be limited to a maximum of five hundred 180
thousand dollars for all claims arising out of and judgments 181
based upon the same act or acts alleged in a single cause 182
and shall not exceed five hundred thousand dollars for any 183
one claimant, and insurance policies purchased pursuant to 184
the provisions of section 105.721 shall be limited to five 185
hundred thousand dollars; 186
(6) Any social welfare board created under section 187
205.770 and the members and officers thereof upon conduct of 188
such officer or employee while acting in his or her capacity 189
as a board member or officer, and any physician, nurse, 190
physician assistant, dental hygienist, dentist, or other 191
health care professional licensed or registered under 192
chapter 330, 331, 332, 334, 335, 336, 337, or 338 who is 193
referred to provide medical care without compensation by the 194
board and who provides health care services within the scope 195
of his or her license or registration as prescribed by the 196
board; or 197
(7) Any person who is selected or appointed by the 198
state director of revenue under subsection 2 of section 199
136.055 to act as an agent of the department of revenue, to 200
the extent that such agent's actions or inactions upon which 201
such claim or judgment is based were performed in the course 202
of the person's official duties as an agent of the 203
department of revenue and in the manner required by state 204
law or department of revenue rules. 205
3. Moneys in the state legal expense fund shall be 206
available for the payment of any claim or any amount 207
required by any final judgment rendered by a court of 208
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competent jurisdiction for the purposes of paying judgments 209
arising from claims under section 506.400. 210
4. The department of health and senior services shall 211
promulgate rules regarding contract procedures and the 212
documentation of care provided under paragraphs (b), (c), 213
(d), (e), and (f) of subdivision (3) of subsection 2 of this 214
section. The limitation on payments from the state legal 215
expense fund or any policy of insurance procured pursuant to 216
the provisions of section 105.721, provided in subsection 217
[7] 8 of this section, shall not apply to any claim or 218
judgment arising under paragraph (a), (b), (c), (d), (e), or 219
(f) of subdivision (3) of subsection 2 of this section. Any 220
claim or judgment arising under paragraph (a), (b), (c), 221
(d), (e), or (f) of subdivision (3) of subsection 2 of this 222
section shall be paid by the state legal expense fund or any 223
policy of insurance procured pursuant to section 105.721, to 224
the extent damages are allowed under sections 538.205 to 225
538.235. Liability or malpractice insurance obtained and 226
maintained in force by any health care professional licensed 227
or registered under chapter 330, 331, 332, 334, 335, 336, 228
337, or 338 for coverage concerning his or her private 229
practice and assets shall not be considered available under 230
subsection [7] 8 of this section to pay that portion of a 231
judgment or claim for which the state legal expense fund is 232
liable under paragraph (a), (b), (c), (d), (e), or (f) of 233
subdivision (3) of subsection 2 of this section. However, a 234
health care professional licensed or registered under 235
chapter 330, 331, 332, 334, 335, 336, 337, or 338 may 236
purchase liability or malpractice insurance for coverage of 237
liability claims or judgments based upon care rendered under 238
paragraphs (c), (d), (e), and (f) of subdivision (3) of 239
subsection 2 of this section which exceed the amount of 240
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liability coverage provided by the state legal expense fund 241
under those paragraphs. Even if paragraph (a), (b), (c), 242
(d), (e), or (f) of subdivision (3) of subsection 2 of this 243
section is repealed or modified, the state legal expense 244
fund shall be available for damages which occur while the 245
pertinent paragraph (a), (b), (c), (d), (e), or (f) of 246
subdivision (3) of subsection 2 of this section is in effect. 247
[4.] 5. The attorney general shall promulgate rules 248
regarding contract procedures and the documentation of legal 249
practice provided under subdivision (5) of subsection 2 of 250
this section. The limitation on payments from the state 251
legal expense fund or any policy of insurance procured 252
pursuant to section 105.721 as provided in subsection [7] 8 253
of this section shall not apply to any claim or judgment 254
arising under subdivision (5) of subsection 2 of this 255
section. Any claim or judgment arising under subdivision 256
(5) of subsection 2 of this section shall be paid by the 257
state legal expense fund or any policy of insurance procured 258
pursuant to section 105.721 to the extent damages are 259
allowed under sections 538.205 to 538.235. Liability or 260
malpractice insurance otherwise obtained and maintained in 261
force shall not be considered available under subsection [7] 262
8 of this section to pay that portion of a judgment or claim 263
for which the state legal expense fund is liable under 264
subdivision (5) of subsection 2 of this section. However, 265
an attorney may obtain liability or malpractice insurance 266
for coverage of liability claims or judgments based upon 267
legal practice rendered under subdivision (5) of subsection 268
2 of this section that exceed the amount of liability 269
coverage provided by the state legal expense fund under 270
subdivision (5) of subsection 2 of this section. Even if 271
subdivision (5) of subsection 2 of this section is repealed 272
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or amended, the state legal expense fund shall be available 273
for damages that occur while the pertinent subdivision (5) 274
of subsection 2 of this section is in effect. 275
[5.] 6. All payments shall be made from the state 276
legal expense fund by the commissioner of administration 277
with the approval of the attorney general. Payment from the 278
state legal expense fund of a claim or final judgment award 279
against a health care professional licensed or registered 280
under chapter 330, 331, 332, 334, 335, 336, 337, or 338, 281
described in paragraph (a), (b), (c), (d), (e), or (f) of 282
subdivision (3) of subsection 2 of this section, or against 283
an attorney in subdivision (5) of subsection 2 of this 284
section, shall only be made for services rendered in 285
accordance with the conditions of such paragraphs. In the 286
case of any claim or judgment against an officer or employee 287
of the state or any agency of the state based upon conduct 288
of such officer or employee arising out of and performed in 289
connection with his or her official duties on behalf of the 290
state or any agency of the state that would give rise to a 291
cause of action under section 537.600, the state legal 292
expense fund shall be liable, excluding punitive damages, 293
for: 294
(1) Economic damages to any one claimant; and 295
(2) Up to three hundred fifty thousand dollars for 296
noneconomic damages. 297
The state legal expense fund shall be the exclusive remedy 298
and shall preclude any other civil actions or proceedings 299
for money damages arising out of or relating to the same 300
subject matter against the state officer or employee, or the 301
officer's or employee's estate. No officer or employee of 302
the state or any agency of the state shall be individually 303
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liable in his or her personal capacity for conduct of such 304
officer or employee arising out of and performed in 305
connection with his or her official duties on behalf of the 306
state or any agency of the state. The provisions of this 307
subsection shall not apply to any defendant who is not an 308
officer or employee of the state or any agency of the state 309
in any proceeding against an officer or employee of the 310
state or any agency of the state. Nothing in this 311
subsection shall limit the rights and remedies otherwise 312
available to a claimant under state law or common law in 313
proceedings where one or more defendants is not an officer 314
or employee of the state or any agency of the state. 315
[6.] 7. The limitation on awards for noneconomic 316
damages provided for in this subsection shall be increased 317
or decreased on an annual basis effective January first of 318
each year in accordance with the Implicit Price Deflator for 319
Personal Consumption Expenditures as published by the Bureau 320
of Economic Analysis of the United States Department of 321
Commerce. The current value of the limitation shall be 322
calculated by the director of the department of commerce and 323
insurance, who shall furnish that value to the secretary of 324
state, who shall publish such value in the Missouri Register 325
as soon after each January first as practicable, but it 326
shall otherwise be exempt from the provisions of section 327
536.021. 328
[7.] 8. Except as provided in subsection [3] 4 of this 329
section, in the case of any claim or judgment that arises 330
under sections 537.600 and 537.610 against the state of 331
Missouri, or an agency of the state, the aggregate of 332
payments from the state legal expense fund and from any 333
policy of insurance procured pursuant to the provisions of 334
section 105.721 shall not exceed the limits of liability as 335
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provided in sections 537.600 to 537.610. No payment shall 336
be made from the state legal expense fund or any policy of 337
insurance procured with state funds pursuant to section 338
105.721 unless and until the benefits provided to pay the 339
claim by any other policy of liability insurance have been 340
exhausted. 341
[8.] 9. The provisions of section 33.080 342
notwithstanding, any moneys remaining to the credit of the 343
state legal expense fund at the end of an appropriation 344
period shall not be transferred to general revenue. 345
[9.] 10. Any rule or portion of a rule, as that term 346
is defined in section 536.010, that is promulgated under the 347
authority delegated in sections 105.711 to 105.726 shall 348
become effective only if it has been promulgated pursuant to 349
the provisions of chapter 536. Nothing in this section 350
shall be interpreted to repeal or affect the validity of any 351
rule filed or adopted prior to August 28, 1999, if it fully 352
complied with the provisions of chapter 536. This section 353
and chapter 536 are nonseverable and if any of the powers 354
vested with the general assembly pursuant to chapter 536 to 355
review, to delay the effective date, or to disapprove and 356
annul a rule are subsequently held unconstitutional, then 357
the grant of rulemaking authority and any rule proposed or 358
adopted after August 28, 1999, shall be invalid and void. 359
506.400. 1. As used in this section, "claimant" means 1
a person convicted and subsequently imprisoned for one or 2
more offenses that such person did not commit. 3
2. Notwithstanding any other provision of law to the 4
contrary, a claimant may bring an action in the circuit 5
court seeking damages from the state under this section. 6
3. (1) The claimant shall establish the following by 7
a preponderance of evidence: 8
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(a) The claimant was convicted of a felony offense and 9
subsequently imprisoned; 10
(b) The claimant's judgment of conviction was reversed 11
or vacated and either the charges were dismissed or on 12
retrial the claimant was found to be not guilty; 13
(c) The claimant did not commit the offense or 14
offenses for which the claimant was convicted and was not an 15
accessory or accomplice to the acts that were the basis of 16
the conviction and resulted in a reversal or vacation of the 17
judgment of conviction, dismissal of the charges, or finding 18
of not guilty on retrial; and 19
(d) The claimant did not commit or suborn perjury, 20
fabricate evidence, or by the claimant's own conduct cause 21
or bring about the conviction. Neither a confession or 22
admission later found to be false nor a guilty plea shall 23
constitute committing or suborning perjury, fabricating 24
evidence, or causing or bringing about the conviction under 25
this subsection. 26
(2) The court, in exercising its discretion as 27
permitted by law regarding the weight and admissibility of 28
evidence submitted under this section, may, in the interest 29
of justice, give due consideration to difficulties of proof 30
caused by the passage of time, the death or unavailability 31
of witnesses, the destruction of evidence, or other factors 32
not caused by such persons or those acting on their behalf. 33
4. (1) The suit, accompanied by a statement of the 34
facts concerning the claim for damages, verified in the 35
manner provided for the verification of complaints in the 36
rules of civil procedure, shall be brought by the claimant 37
within a period of two years after the: 38
(a) Dismissal of the criminal charges against the 39
claimant or finding of not guilty on retrial; or 40
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(b) Grant of a pardon to the claimant. 41
(2) A claimant convicted, imprisoned, and released 42
from custody before August 28, 2026, shall commence an 43
action under this section no later than August 28, 2028. 44
(3) All pleadings shall be captioned "In the matter of 45
the wrongful conviction of". 46
(4) Any claim filed under this section shall be served 47
on the attorney general. 48
(5) The suit for a claim filed under this section 49
shall be tried by the court, and no request for a jury trial 50
shall be made. 51
5. (1) Damages awarded under this section shall be: 52
(a) Except as provided in subdivision (2) of this 53
subsection, one hundred seventy-nine dollars per day for 54
each day of imprisonment but no more than sixty-five 55
thousand dollars per fiscal year; and 56
(b) Not less than twenty-five thousand dollars for 57
each additional year served on parole or post-release 58
supervision or each additional year the claimant was 59
required to register as a sexual offender under sections 60
589.400 to 589.425, whichever is greater. 61
(2) A claimant shall not receive compensation for any 62
period of incarceration during which the claimant was 63
concurrently serving a sentence for a conviction of another 64
crime for which such claimant was lawfully incarcerated. 65
(3) (a) Except as provided in paragraph (b) of this 66
subdivision, the court shall order that the award be paid as 67
a combination of an initial payment not to exceed one 68
hundred thousand dollars or twenty-five percent of the 69
award, whichever is greater, and the remainder as an annuity 70
not to exceed eighty thousand dollars per year. The 71
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claimant shall designate a beneficiary or beneficiaries for 72
the annuity by filing such designation with the court. 73
(b) The court may order that the award be paid in one 74
lump sum if the court finds that it is in the best interests 75
of the claimant. 76
(4) In addition to the damages awarded under 77
subdivision (1) of this subsection, the claimant: 78
(a) Shall be entitled to receive reasonable attorney's 79
fees and costs incurred in the action brought under this 80
section not to exceed a total of twenty-five thousand 81
dollars, unless a greater reasonable total is authorized by 82
the court upon a finding of good cause shown; 83
(b) May also be awarded other nonmonetary relief as 84
sought in the complaint including, but not limited to, 85
counseling, housing assistance, and personal financial 86
literacy assistance, as appropriate; and 87
(c) Shall be entitled to receive tuition assistance 88
under section 506.403. 89
6. (1) If, at the time of the judgment entry referred 90
to in subsection 5 of this section, the claimant has won a 91
monetary award against the state or any political 92
subdivision thereof in a civil action related to the same 93
subject, or has entered into a settlement agreement with the 94
state or any political subdivision thereof related to the 95
same subject, the amount of the award in the action or the 96
amount received in the settlement agreement, less any sums 97
paid to attorneys or for costs in litigating the other civil 98
action or obtaining the settlement agreement, shall be 99
deducted from the sum of moneys to which the claimant is 100
entitled under this section. The court shall include in the 101
judgment entry an award to the state of any amount deducted 102
under this subsection. 103
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(2) If subdivision (1) of this subsection does not 104
apply and if, after the time of the judgment entry referred 105
to in subsection 5 of this section, the claimant wins a 106
monetary award against the state or any political 107
subdivision thereof in a civil action related to the same 108
subject, or enters into a settlement agreement with the 109
state or any political subdivision thereof related to the 110
same subject, the claimant shall reimburse the state for the 111
sum of moneys paid under the judgment entry referred to in 112
subsection 5 of this section, less any sums paid to 113
attorneys or for costs in litigating the other civil action 114
or obtaining the settlement agreement. A reimbursement 115
required under this subsection shall not exceed the amount 116
of the monetary award the claimant wins for damages in the 117
other civil action or the amount received in the settlement 118
agreement. 119
7. If the court finds that the claimant is entitled to 120
a judgment, it shall enter a certificate of innocence 121
finding that the claimant was innocent of all offenses for 122
which the claimant was mistakenly convicted. The clerk of 123
the court shall send a certified copy of the certificate of 124
innocence and the judgment entry to the attorney general for 125
payment under section 105.711. 126
8. Upon entry of a certificate of innocence, the 127
claimant shall automatically be granted an order of 128
expungement from the court in which he or she pled guilty or 129
was sentenced to expunge from all official records or 130
recordations of his or her arrest, plea, trial, or 131
conviction. Upon granting of the order of expungement, the 132
records and files maintained in any administrative or court 133
proceeding in an associate or circuit division of the court 134
shall be confidential and only available to the parties or 135
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by order of the court for good cause shown. The effect of 136
such order shall be to restore such person to the status he 137
or she occupied prior to such arrest, plea, or conviction 138
and as if such event had never taken place. No person as to 139
whom such order has been entered shall be held thereafter 140
under any provision of any law to be guilty of perjury or 141
otherwise giving a false statement by reason of his or her 142
failure to recite or acknowledge such arrest, plea, trial, 143
conviction, or expungement in response to any inquiry made 144
of him or her for any purpose whatsoever, and no such 145
inquiry shall be made for information relating to an 146
expungement under this subsection. 147
9. Upon entry of a certificate of innocence, the court 148
shall order the expungement and destruction of the 149
associated biological samples authorized by and given to the 150
Missouri state highway patrol. The order shall state the 151
information required to be stated in a petition to expunge 152
and destroy the samples and profile record and shall direct 153
the Missouri state highway patrol to expunge and destroy 154
such samples and profile record. The clerk of the court 155
shall send a certified copy of the order to the Missouri 156
state highway patrol, which shall carry out the order and 157
provide confirmation of such action to the court. Nothing in 158
this subsection shall require the Missouri state highway 159
patrol to expunge and destroy any sample or profile record 160
associated with the claimant that was related to any offense 161
other than the offense for which the court has entered a 162
certificate of innocence. 163
10. The decision to grant or deny a certificate of 164
innocence shall not have a res judicata effect on any other 165
proceedings. 166
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11. Nothing in this section shall preclude the 167
department of corrections from providing reentry services to 168
a claimant that are provided to other persons including, but 169
not limited to, financial assistance, housing assistance, 170
mentoring, and counseling. Such services shall be provided 171
while an action under this section is pending and after any 172
judgment is entered, as appropriate for such claimant. 173
12. A decision under this section may be appealed to 174
the supreme court. 175
506.403. 1. Any individual awarded tuition assistance 1
under section 506.400 shall receive a waiver of tuition and 2
required fees for attendance at a public institution of 3
higher education for up to one hundred twenty credit hours. 4
Such individual may attend a public institution of higher 5
education either full-time or part-time. 6
2. (1) Subject to appropriations, the department of 7
higher education may make expenditures to reimburse each 8
individual awarded tuition assistance under section 506.400 9
who is enrolled in a public institution of higher education 10
for additional fees including, but not limited to, fees for 11
room and board, technical equipment, and course-required 12
books. 13
(2) No public institution of higher education shall 14
delay enrollment of an individual who is awarded tuition 15
assistance under section 506.400 because appropriations are 16
not available for any additional fees provided to such 17
individual. 18
3. To remain eligible for the tuition and fees waiver 19
under this section, an individual shall remain in good 20
standing at the public institution of higher education where 21
the individual is enrolled. 22
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4. Individuals shall provide a written or electronic 23
copy of the court order awarding relief in the form of 24
tuition assistance to the public institution of higher 25
education or the department of higher education. 26
5. The department of higher education shall adopt 27
rules and regulations to administer the provisions of this 28
section. Any rule or portion of a rule, as that term is 29
defined in section 536.010, that is created under the 30
authority delegated in this section shall become effective 31
only if it complies with and is subject to all of the 32
provisions of chapter 536 and, if applicable, section 33
536.028. This section and chapter 536 are nonseverable and 34
if any of the powers vested with the general assembly 35
pursuant to chapter 536 to review, to delay the effective 36
date, or to disapprove and annul a rule are subsequently 37
held unconstitutional, then the grant of rulemaking 38
authority and any rule proposed or adopted after August 28, 39
2026, shall be invalid and void. 40
[650.058. 1. Notwithstanding the 1
sovereign immunity of the state, any individual 2
who was found guilty of a felony in a Missouri 3
court and was later determined to be actually 4
innocent of such crime may be paid restitution. 5
The individual may receive an amount of one 6
hundred seventy-nine dollars per day for each 7
day of postconviction incarceration for the 8
crime for which the individual is determined to 9
be actually innocent. The petition for the 10
payment of said restitution shall be filed with 11
the sentencing court. For the purposes of this 12
section, the term "actually innocent" shall mean: 13
(1) The individual was convicted of a 14
felony for which a final order of release was 15
entered by the court; 16
(2) All appeals of the order of release 17
have been exhausted; 18
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(3) The individual was not serving any 19
term of a sentence for any other crime 20
concurrently with the sentence for which he or 21
she is determined to be actually innocent, 22
unless such individual was serving another 23
concurrent sentence because his or her parole 24
was revoked by a court or the parole board in 25
connection with the crime for which the person 26
has been exonerated. Regardless of whether any 27
other basis may exist for the revocation of the 28
person's probation or parole at the time of 29
conviction for the crime for which the person is 30
later determined to be actually innocent, when 31
the court's or the parole board's sole stated 32
reason for the revocation in its order is the 33
conviction for the crime for which the person is 34
later determined to be actually innocent, such 35
order shall, for purposes of this section only, 36
be conclusive evidence that the persons's 37
probation or parole was revoked in connection 38
with the crime for which the person has been 39
exonerated; and 40
(4) Testing ordered under section 547.035, 41
or testing by the order of any state or federal 42
court, if such person was exonerated on or 43
before August 28, 2004, or testing ordered under 44
section 650.055, if such person was or is 45
exonerated after August 28, 2004, or after an 46
evidentiary hearing and finding in a habeas 47
corpus proceeding or a proceeding held pursuant 48
to section 547.031 which demonstrates a person's 49
innocence of the crime for which the person is 50
in custody. 51
Any individual who receives restitution under 52
this section shall be prohibited from seeking 53
any civil redress from the state, its 54
departments and agencies, or any employee 55
thereof, or any political subdivision or its 56
employees. This section shall not be construed 57
as a waiver of sovereign immunity for any 58
purposes other than the restitution provided for 59
herein. The department of corrections shall 60
determine the aggregate amount of restitution 61
owed during a fiscal year. If insufficient 62
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moneys are appropriated each fiscal year to pay 63
restitution to such persons, the department 64
shall pay each individual who has received an 65
order awarding restitution a pro rata share of 66
the amount appropriated. Provided sufficient 67
moneys are appropriated to the department, the 68
amounts owed to such individual shall be paid on 69
June thirtieth of each subsequent fiscal year, 70
until such time as the restitution to the 71
individual has been paid in full. However, no 72
individual awarded restitution under this 73
subsection shall receive more than sixty-five 74
thousand dollars during each fiscal year. No 75
interest on unpaid restitution shall be awarded 76
to the individual. However, an individual may 77
also be awarded other nonmonetary relief, 78
including counseling, housing assistance, and 79
personal financial literary assistance. 80
2. If the results of the DNA testing 81
confirm the person's guilt, then the person 82
filing for DNA testing under section 547.035, 83
shall: 84
(1) Be liable for any reasonable costs 85
incurred when conducting the DNA test, including 86
but not limited to the cost of the test. Such 87
costs shall be determined by the court and shall 88
be included in the findings of fact and 89
conclusions of law made by the court; and 90
(2) Be sanctioned under the provisions of 91
section 217.262. 92
3. A petition for payment of restitution 93
under this section may be filed only by the 94
individual determined to be actually innocent or 95
the individual's legal guardian. No claim or 96
petition for restitution under this section may 97
be filed by the individual's heirs or assigns. 98
An individual's right to receive restitution 99
under this section is not assignable or 100
otherwise transferrable. The state's obligation 101
to pay restitution under this section shall 102
cease upon the individual's death. Any 103
beneficiary designation that purports to 104
bequeath, assign, or otherwise convey the right 105
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to receive such restitution shall be void and 106
unenforceable. 107
4. An individual who is determined to be 108
actually innocent of a crime under this chapter 109
shall automatically be granted an order of 110
expungement from the court in which he or she 111
pled guilty or was sentenced to expunge from all 112
official records all recordations of his or her 113
arrest, plea, trial or conviction. Upon the 114
court's granting of the order of expungement, 115
the records and files maintained in any 116
administrative or court proceeding in an 117
associate or circuit division of the court shall 118
be confidential and available only to the 119
parties or by order of the court for good cause 120
shown. The effect of such order shall be to 121
restore such person to the status he or she 122
occupied prior to such arrest, plea or 123
conviction and as if such event had never taken 124
place. No person as to whom such order has been 125
entered shall be held thereafter under any 126
provision of any law to be guilty of perjury or 127
otherwise giving a false statement by reason of 128
his or her failure to recite or acknowledge such 129
arrest, plea, trial, conviction or expungement 130
in response to any inquiry made of him or her 131
for any purpose whatsoever and no such inquiry 132
shall be made for information relating to an 133
expungement under this section.] 134
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