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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. 1388
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR SCHROER.
5764S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 56.010, 56.805, 56.814, 542.400, 552.040, 557.014, and 610.140, RSMo, and
to enact in lieu thereof thirteen new sections relating to district attorneys.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 56.010, 56.805, 56.814, 542.400, 1
552.040, 557.014, and 610.140, RSMo, are repealed and thirteen 2
new sections enacted in lieu thereof, to be known as sections 3
56.010, 56.805, 56.814, 56.1000, 56.1005, 56.1010, 56.1015, 4
56.1020, 56.1025, 542.400, 552.040, 557.014, and 610.140, to 5
read as follows:6
56.010. At the general election [to be held in this 1
state in the year A.D. 1982, and every four years 2
thereafter] in the year 2028, there shall be elected in each 3
county [of this state] which has not elected to become part 4
of the district attorney system a prosecuting attorney, who 5
shall be a person learned in the law, duly licensed to 6
practice as an attorney at law in this state, and enrolled 7
as such, at least twenty-one years of age, and who has been 8
a bona fide resident of the county in which he seeks 9
election for twelve months next preceding the date of the 10
general election at which he or she is a candidate for such 11
office and shall hold his or her office for four years, and 12
until [his successor] a district attorney is elected, 13
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commissioned, and qualified pursuant to subdivision (2) of 14
subsection 1 of section 56.1000. 15
56.805. As used in sections 56.800 to 56.840, the 1
following words and terms mean: 2
(1) "Annuity", annual payments, made in equal monthly 3
installments, to a retired member from funds provided for, 4
in, or authorized by, the provisions of sections 56.800 to 5
56.840; 6
(2) "Average final compensation", the average 7
compensation of an employee for the two consecutive years 8
prior to retirement when the employee's compensation was 9
greatest; 10
(3) "Board of trustees" or "board", the board of 11
trustees established by the provisions of sections 56.800 to 12
56.840; 13
(4) "Compensation", all salary and other compensation 14
payable by a county to an employee for personal services 15
rendered as an employee, including any salary reduction 16
amounts under a cafeteria plan that satisfies 26 U.S.C. 17
Section 125 or an eligible deferred compensation plan that 18
satisfies 26 U.S.C. Section 457 but not including 19
reimbursement for any expenses, any consideration for 20
agreeing to terminate employment, or any other nonrecurring 21
or unusual payment that is not part of regular remuneration; 22
(5) "County", the City of St. Louis and each county in 23
the state; 24
(6) "Creditable service", the sum of both membership 25
service and creditable prior service; 26
(7) "Effective date of the establishment of the 27
system", August 28, 1989; 28
(8) "Employee", an elected or appointed prosecuting 29
attorney or circuit attorney who is employed by a county or 30
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a city not within a county or an elected or appointed 31
district attorney who is employed by a judicial circuit; 32
(9) "Membership service", service as a prosecuting 33
attorney or circuit attorney after becoming a member that is 34
creditable in determining the amount of the member's 35
benefits under this system; 36
(10) "Prior service", service of a member rendered 37
prior to the effective date of the establishment of the 38
system which is creditable under section 56.823; 39
(11) "Prosecuting attorney", includes any elected or 40
appointed prosecuting attorney or district attorney; 41
(12) "Retirement system" or "system", the prosecuting 42
attorneys and circuit attorneys' retirement system 43
authorized by the provisions of sections 56.800 to 56.840. 44
56.814. 1. Any person who became a member prior to 1
January 1, 2019, who has attained the age of sixty-two years 2
and who has twelve years or more of creditable service as 3
prosecuting attorney or circuit attorney may retire with a 4
normal annuity as determined in subsection 3 of section 5
56.840. 6
2. Any person who becomes a member on or after January 7
1, 2019, who has attained the age of sixty-five and who has 8
twelve years or more of creditable service as a prosecuting 9
attorney or circuit attorney may retire with a normal 10
annuity. 11
3. Any person who is a member of the retirement system 12
on December 31, 2028, and who has served more than four 13
years as a prosecuting attorney in a county which elects to 14
become part of the district attorney system and who does not 15
become a district attorney on January 1, 2029, may elect to 16
receive a reduced retirement benefit as provided in section 17
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56.816 that the person's period of service equals twelve 18
years. 19
4. Any person who is a member of the retirement system 20
on December 31, 2032, and who has served more than four 21
years as a prosecuting attorney in a county that becomes a 22
part of the district attorney system in the year 2033, and 23
who does not become a district attorney on January 1, 2033, 24
may elect to receive a reduced retirement benefit as 25
provided in section 56.816 that the person's period of 26
service equals twelve years. 27
56.1000. 1. (1) At the general election in the year 1
2028, there shall be elected in each judicial circuit of 2
this state a district attorney for those counties in the 3
circuit that elect to become part of the district attorney 4
system. 5
(2) At the general election in the year 2032, and 6
every four years thereafter, there shall be elected in each 7
judicial circuit of this state a district attorney. 8
2. Each district attorney shall be duly licensed to 9
practice as an attorney at law in this state and shall have 10
been a bona fide resident of the judicial circuit in which 11
such person seeks election for twelve months next preceding 12
the date of the general election at which such person is a 13
candidate for such office. 14
3. The geographical boundaries of the judicial 15
circuits shall correspond to those authorized by a circuit 16
realignment plan developed in accordance with section 17
478.073. 18
4. District attorneys elected under the provisions of 19
this section shall enter upon the discharge of their duties 20
on the first day of January following their election, 21
commission, and qualification. 22
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5. The district attorney of each judicial circuit 23
shall receive the same annual salary as that of a circuit 24
judge, which shall be paid by the state out of the state 25
treasury. A district attorney in a judicial circuit 26
consisting of a single county with a charter form of 27
government may receive additional compensation set by the 28
governing body of the county in its sole discretion and paid 29
out of the county treasury, chargeable to the county general 30
revenue fund. 31
56.1005. 1. Each district attorney shall commence and 1
prosecute all criminal and ancillary actions in which a 2
county or state is concerned in those counties of the 3
judicial circuit. In cases in which changes of venue are 4
granted, the district attorney shall follow and continue 5
prosecution of the case. If any misdemeanor case is 6
appealed to the court of appeals, the district attorney 7
shall represent the state in the case in the court. 8
2. Notwithstanding any provision of law to the 9
contrary, if a district attorney is unable to commence or 10
prosecute a criminal case due to conflict of interest on the 11
part of the district attorney, the presiding judge shall 12
appoint the district attorney from any adjoining circuit as 13
special district attorney for that particular matter. 14
56.1010. 1. The district attorney may appoint such 1
full-time and part-time assistant district attorneys, and 2
may employ such investigators and stenographic and clerical 3
help as the district attorney deems necessary for the proper 4
discharge of the duties of the district attorney's office, 5
and may set their compensation within the limits of the 6
allocations made for that purpose by the county 7
commissions. The compensation for the assistant district 8
attorneys, investigators, and stenographic and clerical help 9
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shall be paid in equal installments out of the county 10
treasury in the same manner as the compensation for other 11
county employees. 12
2. All assistant district attorneys, investigators, 13
and stenographic and clerical help shall hold office at the 14
pleasure of the district attorney. 15
56.1015. 1. Except for the salary of the district 1
attorney as provided under subsection 5 of section 56.1000, 2
the salaries, expenses, and overhead costs of all district 3
attorney offices shall be funded by the respective counties 4
which such offices serve subject to reimbursement by the 5
state as described in this section. 6
2. For the district attorney offices in judicial 7
circuits consisting of one county, the state shall reimburse 8
the percentage of the office budget by five percent every 9
year for which the district attorney system has been adopted 10
until the tenth and subsequent years, for which the 11
percentage of the office budget that is reimbursed shall be 12
fifty percent. 13
3. For district attorney offices in judicial circuits 14
consisting of two or more counties, the state shall 15
reimburse the percentage of the office budget by ten percent 16
every year for which the district attorney system has been 17
adopted until the fifth and subsequent years, for which the 18
percentage of the office budget that is reimbursed shall be 19
fifty percent. 20
4. The office of administration shall make payment for 21
the reimbursement from appropriations made for that purpose 22
on or before July fifteenth of each year following the 23
calendar year in which such expenses by the counties were 24
paid. In circuits where more than one county contributed to 25
payment of the expenses of the district attorney's office, 26
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each of the counties shall be reimbursed in the same 27
proportion as its contribution. 28
56.1020. Except in the performance of special 1
prosecutions or otherwise representing the state or its 2
political subdivisions, the district attorney shall devote 3
full time to the office, and shall not otherwise engage in 4
the practice of law. 5
56.1025. 1. For counties not having a charter form of 1
government to join the district attorney system, the county 2
commission of each county within a judicial circuit shall 3
adopt by majority vote a resolution to join the district 4
attorney system and such resolution shall be in 5
substantially the following form: 6
2. The resolutions provided for in subsection 1 of 13
this section shall be transmitted to the secretary of state 14
by November 7, 2027, and such election shall be irrevocable 15
once such resolution is transmitted. 16
3. For counties with a charter form of government in a 17
single county judicial circuit to join the district attorney 18
system, the governing body shall adopt, by charter 19
amendment, a provision to join the district attorney system 20
and eliminate the office of prosecuting attorney. 21
4. Except as otherwise provided by law, the office of 22
county prosecuting attorney shall cease to exist upon the 23
election and qualification of a district attorney for that 24
7
8
9
10
11
12
"The county commission for
.............................................
County hereby certifies that it has met and voted
to join the state district attorney system and
thereby eliminate the office of prosecuting
attorney.".
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county and judicial circuit, except any prosecuting attorney 25
may be retained by a district attorney. 26
542.400. As used in sections 542.400 to 542.422, the 1
following words and phrases mean: 2
(1) "Aggrieved person", a person who was a party to 3
any intercepted wire communication or a person against whom 4
the interception was directed; 5
(2) "Communication common carrier", an individual or 6
corporation undertaking to transport messages for 7
compensation; 8
(3) "Contents", when used with respect to any wire 9
communication, includes any information concerning the 10
identity of the parties, the substance, purport, or meaning 11
of that communication; 12
(4) "Court of competent jurisdiction", any circuit 13
court having general criminal jurisdiction within the 14
territorial jurisdiction where the communication is to be 15
intercepted including any circuit judge specially assigned 16
by the supreme court of Missouri pursuant to section 542.404; 17
(5) "Electronic, mechanical, or other device", any 18
device or apparatus which can be used to intercept a wire 19
communication other than: 20
(a) Any telephone or telegraph instrument, equipment 21
or facility, or any component thereof, owned by the user or 22
furnished to the subscriber or user by a communications 23
common carrier in the ordinary course of its business and 24
being used by the subscriber or user in the ordinary course 25
of its business or being used by a communications common 26
carrier in the ordinary course of its business or by an 27
investigative office or law enforcement officer in the 28
ordinary course of his duties; or 29
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(b) A hearing aid or similar device being used to 30
correct subnormal hearing to not better than normal; 31
(6) "Intercept", the aural acquisition of the contents 32
of any wire communication through the use of any electronic 33
or mechanical device, including but not limited to 34
interception by one spouse of another spouse; 35
(7) "Investigative officer" or "law enforcement 36
officer or agency", any officer or agency of this state or a 37
political subdivision of this state, who is empowered by law 38
to conduct investigations of or to make arrests for offenses 39
enumerated in sections 542.400 to 542.422, and any attorney 40
authorized by law to prosecute or participate in the 41
prosecution of such offenses; 42
(8) "Oral communication", any communication uttered by 43
a person exhibiting an expectation that such communication 44
is not subject to interception under circumstances 45
justifying such expectation; 46
(9) "Person", any employee, or agent of this state or 47
political subdivision of this state, and any individual, 48
partnership, association, joint stock company, trust, or 49
corporation; 50
(10) "Prosecuting attorney", the elected prosecuting 51
attorney or district attorney of the county or the circuit 52
attorney of any city not contained within a county; 53
(11) "State", the state of Missouri and political 54
subdivisions of the state; 55
(12) "Wire communication", any communication made in 56
whole or in part through the use of facilities for the 57
transmission of communications by the aid of wire, cable, or 58
other like connection between the point of origin and the 59
point of reception including the use of such connection in a 60
switching station furnished or operated by any person 61
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engaged as a common carrier in providing or operating such 62
facilities for the transmission of local, state or 63
interstate communications. 64
552.040. 1. For the purposes of this section, the 1
following words mean: 2
(1) "Prosecutor of the jurisdiction", the prosecuting 3
attorney or district attorney in a county or the circuit 4
attorney of a city not within a county; 5
(2) "Secure facility", a state mental health facility, 6
state developmental disability facility, private facility 7
under contract with the department of mental health, or a 8
section within any of these facilities, in which persons 9
committed to the department of mental health pursuant to 10
this chapter shall not be permitted to move about the 11
facility or section of the facility, nor to leave the 12
facility or section of the facility, without approval by the 13
head of the facility or such head's designee and adequate 14
supervision consistent with the safety of the public and the 15
person's treatment, habilitation or rehabilitation plan; 16
(3) "Tried and acquitted" includes both pleas of 17
mental disease or defect excluding responsibility that are 18
accepted by the court and acquittals on the ground of mental 19
disease or defect excluding responsibility following the 20
proceedings set forth in section 552.030. 21
2. When an accused is tried and acquitted on the 22
ground of mental disease or defect excluding responsibility, 23
the court shall order such person committed to the director 24
of the department of mental health for custody. The court 25
shall also order custody and care in a state mental health 26
or intellectual disability facility unless an immediate 27
conditional release is granted pursuant to this section. If 28
the accused has not been charged with a dangerous felony as 29
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defined in section 556.061, or with murder in the first 30
degree pursuant to section 565.020, or sexual assault 31
pursuant to section 566.040, or the attempts thereof, and 32
the examination contains an opinion that the accused should 33
be immediately conditionally released to the community by 34
the court, the court shall hold a hearing to determine if an 35
immediate conditional release is appropriate pursuant to the 36
procedures for conditional release set out in subsections 10 37
to 14 of this section. Prior to the hearing, the court 38
shall direct the director of the department of mental 39
health, or the director's designee, to have the accused 40
examined to determine conditions of confinement in 41
accordance with subsection 5 of section 552.020. The 42
provisions of subsection 16 of this section shall be 43
applicable to defendants granted an immediate conditional 44
release and the director shall honor the immediate 45
conditional release as granted by the court. If the court 46
determines that an immediate conditional release is 47
warranted, the court shall order the person committed to the 48
director of the department of mental health before ordering 49
such a release. The court granting the immediate 50
conditional release shall retain jurisdiction over the case 51
for the duration of the conditional release. This shall not 52
limit the authority of the director of the department of 53
mental health or the director's designee to revoke the 54
conditional release or the trial release of any committed 55
person pursuant to subsection 17 of this section. If the 56
accused is committed to a mental health or developmental 57
disability facility, the director of the department of 58
mental health, or the director's designee, shall determine 59
the time, place and conditions of confinement. 60
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3. The provisions of sections 630.110, 630.115, 61
630.130, 630.133, 630.135, 630.140, 630.145, 630.150, 62
630.180, 630.183, 630.192, 630.194, 630.196, 630.198, 63
630.805, 632.370, 632.395, and 632.435 shall apply to 64
persons committed pursuant to subsection 2 of this section. 65
If the department does not have a treatment or 66
rehabilitation program for a mental disease or defect of an 67
individual, that fact may not be the basis for a release 68
from commitment. Notwithstanding any other provision of law 69
to the contrary, no person committed to the department of 70
mental health who has been tried and acquitted by reason of 71
mental disease or defect as provided in section 552.030 72
shall be conditionally or unconditionally released unless 73
the procedures set out in this section are followed. Upon 74
request by an indigent committed person, the appropriate 75
court may appoint the office of the public defender to 76
represent such person in any conditional or unconditional 77
release proceeding under this section. 78
4. Notwithstanding section 630.115, any person 79
committed pursuant to subsection 2 of this section shall be 80
kept in a secure facility until such time as a court of 81
competent jurisdiction enters an order granting a 82
conditional or unconditional release to a nonsecure facility. 83
5. The committed person or the head of the facility 84
where the person is committed may file an application in the 85
court that committed the person seeking an order releasing 86
the committed person unconditionally; except that any person 87
who has been denied an application for a conditional release 88
pursuant to subsection 13 of this section shall not be 89
eligible to file for an unconditional release until the 90
expiration of one year from such denial. In the case of a 91
person who was immediately conditionally released after 92
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being committed to the department of mental health, the 93
released person or the director of the department of mental 94
health, or the director's designee, may file an application 95
in the same court that released the committed person seeking 96
an order releasing the committed person unconditionally. 97
Copies of the application shall be served personally or by 98
certified mail upon the head of the facility unless the head 99
of the facility files the application, the committed person 100
unless the committed person files the application, or unless 101
the committed person was immediately conditionally released, 102
the director of the department of mental health, and the 103
prosecutor of the jurisdiction where the committed person 104
was tried and acquitted. Any party objecting to the 105
proposed release must do so in writing within thirty days 106
after service. Within a reasonable period of time after any 107
written objection is filed, which period shall not exceed 108
sixty days unless otherwise agreed upon by the parties, the 109
court shall hold a hearing upon notice to the committed 110
person, the head of the facility, if necessary, the director 111
of the department of mental health, and the prosecutor of 112
the jurisdiction where the person was tried. Prior to the 113
hearing any of the parties, upon written application, shall 114
be entitled to an examination of the committed person, by a 115
psychiatrist or psychologist, as defined in section 632.005, 116
or a physician with a minimum of one year training or 117
experience in providing treatment or services to 118
intellectually disabled or mentally ill individuals of its 119
own choosing and at its expense. The report of the mental 120
condition of the committed person shall accompany the 121
application. By agreement of all parties to the proceeding 122
any report of the mental condition of the committed person 123
which may accompany the application for release or which is 124
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filed in objection thereto may be received by evidence, but 125
the party contesting any opinion therein shall have the 126
right to summon and to cross-examine the examiner who 127
rendered such opinion and to offer evidence upon the issue. 128
6. By agreement of all the parties and leave of court, 129
the hearing may be waived, in which case an order granting 130
an unconditional release shall be entered in accordance with 131
subsection 8 of this section. 132
7. At a hearing to determine if the committed person 133
should be unconditionally released, the court shall consider 134
the following factors in addition to any other relevant 135
evidence: 136
(1) Whether or not the committed person presently has 137
a mental disease or defect; 138
(2) The nature of the offense for which the committed 139
person was committed; 140
(3) The committed person's behavior while confined in 141
a mental health facility; 142
(4) The elapsed time between the hearing and the last 143
reported unlawful or dangerous act; 144
(5) Whether the person has had conditional releases 145
without incident; and 146
(6) Whether the determination that the committed 147
person is not dangerous to himself or others is dependent on 148
the person's taking drugs, medicine or narcotics. 149
The burden of persuasion for any person committed to a 150
mental health facility under the provisions of this section 151
upon acquittal on the grounds of mental disease or defect 152
excluding responsibility shall be on the party seeking 153
unconditional release to prove by clear and convincing 154
evidence that the person for whom unconditional release is 155
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sought does not have, and in the reasonable future is not 156
likely to have, a mental disease or defect rendering the 157
person dangerous to the safety of himself or others. 158
8. The court shall enter an order either denying the 159
application for unconditional release or granting an 160
unconditional release. An order denying the application 161
shall be without prejudice to the filing of another 162
application after the expiration of one year from the denial 163
of the last application. 164
9. No committed person shall be unconditionally 165
released unless it is determined through the procedures in 166
this section that the person does not have, and in the 167
reasonable future is not likely to have, a mental disease or 168
defect rendering the person dangerous to the safety of 169
himself or others. 170
10. The committed person or the head of the facility 171
where the person is committed may file an application in the 172
court having probate jurisdiction over the facility where 173
the person is detained for a hearing to determine whether 174
the committed person shall be released conditionally. In 175
the case of a person committed to a mental health facility 176
upon acquittal on the grounds of mental disease or defect 177
excluding responsibility for a dangerous felony as defined 178
in section 556.061, murder in the first degree pursuant to 179
section 565.020, or sexual assault pursuant to section 180
566.040, any such application shall be filed in the court 181
that committed the person. In such cases, jurisdiction over 182
the application for conditional release shall be in the 183
committing court. In the case of a person who was 184
immediately conditionally released after being committed to 185
the department of mental health, the released person or the 186
director of the department of mental health, or the 187
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director's designee, may file an application in the same 188
court that released the person seeking to amend or modify 189
the existing release. The procedures for application for 190
unconditional releases set out in subsection 5 of this 191
section shall apply, with the following additional 192
requirements: 193
(1) A copy of the application shall also be served 194
upon the prosecutor of the jurisdiction where the person is 195
being detained, unless the released person was immediately 196
conditionally released after being committed to the 197
department of mental health, or unless the application was 198
required to be filed in the court that committed the person 199
in which case a copy of the application shall be served upon 200
the prosecutor of the jurisdiction where the person was 201
tried and acquitted and the prosecutor of the jurisdiction 202
into which the committed person is to be released; 203
(2) The prosecutor of the jurisdiction where the 204
person was tried and acquitted shall use their best efforts 205
to notify the victims of dangerous felonies. Notification 206
by the appropriate person or agency by certified mail to the 207
most current address provided by the victim shall constitute 208
compliance with the victim notification requirement of this 209
section; 210
(3) The application shall specify the conditions and 211
duration of the proposed release; 212
(4) The prosecutor of the jurisdiction where the 213
person is being detained shall represent the public safety 214
interest at the hearing unless the prosecutor of the 215
jurisdiction where the person was tried and acquitted 216
decides to appear to represent the public safety interest. 217
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If the application for release was required to be filed in 218
the committing court, the prosecutor of the jurisdiction 219
where the person was tried and acquitted shall represent the 220
public safety interest. In the case of a person who was 221
immediately conditionally released after being committed to 222
the department of mental health, the prosecutor of the 223
jurisdiction where the person was tried and acquitted shall 224
appear and represent the public safety interest. 225
11. By agreement of all the parties, the hearing may 226
be waived, in which case an order granting a conditional 227
release, stating the conditions and duration agreed upon by 228
all the parties and the court, shall be entered in 229
accordance with subsection 13 of this section. 230
12. At a hearing to determine if the committed person 231
should be conditionally released, the court shall consider 232
the following factors in addition to any other relevant 233
evidence: 234
(1) The nature of the offense for which the committed 235
person was committed; 236
(2) The person's behavior while confined in a mental 237
health facility; 238
(3) The elapsed time between the hearing and the last 239
reported unlawful or dangerous act; 240
(4) The nature of the person's proposed release plan; 241
(5) The presence or absence in the community of family 242
or others willing to take responsibility to help the 243
defendant adhere to the conditions of the release; and 244
(6) Whether the person has had previous conditional 245
releases without incident. 246
The burden of persuasion for any person committed to a 247
mental health facility under the provisions of this section 248
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upon acquittal on the grounds of mental disease or defect 249
excluding responsibility shall be on the party seeking 250
release to prove by clear and convincing evidence that the 251
person for whom release is sought is not likely to be 252
dangerous to others while on conditional release. 253
13. The court shall enter an order either denying the 254
application for a conditional release or granting 255
conditional release. An order denying the application shall 256
be without prejudice to the filing of another application 257
after the expiration of one year from the denial of the last 258
application. 259
14. No committed person shall be conditionally 260
released until it is determined that the committed person is 261
not likely to be dangerous to others while on conditional 262
release. 263
15. If, in the opinion of the head of a facility where 264
a committed person is being detained, that person can be 265
released without danger to others, that person may be 266
released from the facility for a trial release of up to 267
ninety-six hours under the following procedure: 268
(1) The head of the facility where the person is 269
committed shall notify the prosecutor of the jurisdiction 270
where the committed person was tried and acquitted and the 271
prosecutor of the jurisdiction into which the committed 272
person is to be released at least thirty days before the 273
date of the proposed trial release; 274
(2) The notice shall specify the conditions and 275
duration of the release; 276
(3) If no prosecutor to whom notice is required 277
objects to the trial release, the committed person shall be 278
released according to conditions and duration specified in 279
the notice; 280
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(4) If any prosecutor objects to the trial release, 281
the head of the facility may file an application with the 282
court having probate jurisdiction over the facility where 283
the person is detained for a hearing under the procedures 284
set out in subsections 5 and 10 of this section with the 285
following additional requirements: 286
(a) A copy of the application shall also be served 287
upon the prosecutor of the jurisdiction into which the 288
committed person is to be released; and 289
(b) The prosecutor or prosecutors who objected to the 290
trial release shall represent the public safety interest at 291
the hearing; and 292
(5) The release criteria of subsections 12 to 14 of 293
this section shall apply at such a hearing. 294
16. The department shall provide or shall arrange for 295
follow-up care and monitoring for all persons conditionally 296
released under this section and shall make or arrange for 297
reviews and visits with the client at least monthly, or more 298
frequently as set out in the release plan, and whether the 299
client is receiving care, treatment, habilitation or 300
rehabilitation consistent with his needs, condition and 301
public safety. The department shall identify the 302
facilities, programs or specialized services operated or 303
funded by the department which shall provide necessary 304
levels of follow-up care, aftercare, rehabilitation or 305
treatment to the persons in geographical areas where they 306
are released. 307
17. The director of the department of mental health, 308
or the director's designee, may revoke the conditional 309
release or the trial release and request the return of the 310
committed person if such director or coordinator has 311
reasonable cause to believe that the person has violated the 312
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conditions of such release. If requested to do so by the 313
director or coordinator, a peace officer of a jurisdiction 314
in which a patient on conditional release is found shall 315
apprehend and return such patient to the facility. No peace 316
officer responsible for apprehending and returning the 317
committed person to the facility upon the request of the 318
director or coordinator shall be civilly liable for 319
apprehending or transporting such patient to the facility so 320
long as such duties were performed in good faith and without 321
negligence. If a person on conditional release is returned 322
to a facility under the provisions of this subsection, a 323
hearing shall be held within ninety-six hours, excluding 324
Saturdays, Sundays and state holidays, to determine whether 325
the person violated the conditions of the release or whether 326
resumption of full-time hospitalization is the least 327
restrictive alternative consistent with the person's needs 328
and public safety. The director of the department of mental 329
health, or the director's designee, shall conduct the 330
hearing. The person shall be given notice at least twenty- 331
four hours in advance of the hearing and shall have the 332
right to have an advocate present. 333
18. At any time during the period of a conditional 334
release or trial release, the court which ordered the 335
release may issue a notice to the released person to appear 336
to answer a charge of a violation of the terms of the 337
release and the court may issue a warrant of arrest for the 338
violation. Such notice shall be personally served upon the 339
released person. The warrant shall authorize the return of 340
the released person to the custody of the court or to the 341
custody of the director of mental health or the director's 342
designee. 343
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19. The head of a mental health facility, upon any 344
notice that a committed person has escaped confinement, or 345
left the facility or its grounds without authorization, 346
shall immediately notify the prosecutor and sheriff of the 347
county wherein the committed person is detained of the 348
escape or unauthorized leaving of grounds and the prosecutor 349
and sheriff of the county where the person was tried and 350
acquitted. 351
20. Any person committed to a mental health facility 352
under the provisions of this section upon acquittal on the 353
grounds of mental disease or defect excluding responsibility 354
for a dangerous felony as defined in section 556.061, murder 355
in the first degree pursuant to section 565.020, or sexual 356
assault pursuant to section 566.040 shall not be eligible 357
for conditional or unconditional release under the 358
provisions of this section unless, in addition to the 359
requirements of this section, the court finds that the 360
following criteria are met: 361
(1) Such person is not now and is not likely in the 362
reasonable future to commit another violent crime against 363
another person because of such person's mental illness; and 364
(2) Such person is aware of the nature of the violent 365
crime committed against another person and presently 366
possesses the capacity to appreciate the criminality of the 367
violent crime against another person and the capacity to 368
conform such person's conduct to the requirements of law in 369
the future. 370
557.014. 1. As used in this section, the following 1
terms shall mean: 2
(1) "Accusatory instrument", a warrant of arrest, 3
information, or indictment; 4
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(2) "Accused", an individual accused of a criminal 5
offense, but not yet charged with a criminal offense; 6
(3) "Defendant", any person charged with a criminal 7
offense; 8
(4) "Deferred prosecution", the suspension of a 9
criminal case for a specified period upon the request of 10
both the prosecuting attorney and the accused or the 11
defendant; 12
(5) "Diversionary screening", the discretionary power 13
of the prosecuting attorney to suspend all formal 14
prosecutorial proceedings against a person who has become 15
involved in the criminal justice system as an accused or 16
defendant; 17
(6) "Prosecuting attorney", includes the prosecuting 18
attorney, district attorney, or circuit attorney for each 19
county of the state and the City of St. Louis; 20
(7) "Prosecution diversion", the imposition of 21
conditions of behavior and conduct by the prosecuting 22
attorney upon an accused or defendant for a specified period 23
of time as an alternative to proceeding to adjudication on a 24
complaint, information, or indictment. 25
2. Each prosecuting attorney in the state of Missouri 26
shall have the authority to, upon agreement with an accused 27
or a defendant, divert a criminal case to a prosecution 28
diversion program for a period of six months to two years, 29
thus allowing for any statute of limitations to be tolled 30
for that time alone. The period of diversion may be 31
extended by the prosecuting attorney as a disciplinary 32
measure or to allow sufficient time for completion of any 33
portion of the prosecution diversion including restitution; 34
provided, however, that no extension of such diversion shall 35
be for a period of more than two years. 36
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3. The prosecuting attorney may divert cases, under 37
this program, out of the criminal justice system where the 38
prosecuting attorney determines that the advantages of 39
utilizing prosecution diversion outweigh the advantages of 40
immediate court activity. 41
4. Prior to or upon the issuance of an accusatory 42
instrument, with consent of the accused or defendant, other 43
than for an offense enumerated in this section, the 44
prosecuting attorney may forego continued prosecution upon 45
the parties' agreement to a prosecution diversion plan. The 46
prosecution diversion plan shall be for a specified period 47
and be in writing. The prosecuting attorney has the sole 48
authority to develop diversionary program requirements, but 49
minimum requirements are as follows: 50
(1) The alleged crime is nonviolent, nonsexual, and 51
does not involve a child victim or possession of an unlawful 52
weapon; 53
(2) The accused or defendant must submit to all 54
program requirements; 55
(3) Any newly discovered criminal behavior while in a 56
prosecution diversion program will immediately forfeit his 57
or her right to continued participation in said program at 58
the sole discretion of the prosecuting attorney; 59
(4) The alleged crime does not also constitute a 60
violation of a current condition of probation or parole; 61
(5) The alleged crime is not a traffic offense in 62
which the accused or defendant was a holder of a commercial 63
driver license or was operating a commercial motor vehicle 64
at the time of the offense; and 65
(6) Any other criteria established by the prosecuting 66
attorney. 67
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5. During any period of prosecution diversion, the 68
prosecuting attorney may impose conditions upon the behavior 69
and conduct of the accused or defendant that assures the 70
safety and well-being of the community as well as that of 71
the accused or defendant. The conditions imposed by the 72
prosecuting attorney shall include, but are not limited to, 73
requiring the accused or defendant to remain free of any 74
criminal behavior during the entire period of prosecution 75
diversion. 76
6. The responsibility and authority to screen or 77
divert specific cases, or to refuse to screen or divert 78
specific cases, shall rest within the sole judgment and 79
discretion of the prosecuting attorney as part of their 80
official duties as prosecuting attorney. The decision of 81
the prosecuting attorney regarding diversion shall not be 82
subject to appeal nor be raised as a defense in any 83
prosecution of a criminal case involving the accused or 84
defendant. 85
7. Any person participating in the program: 86
(1) Shall have the right to insist on criminal 87
prosecution for the offense for which he or she is accused 88
at any time; and 89
(2) May have counsel of the person's choosing present 90
during all phases of the prosecution diversion proceedings, 91
but counsel is not required and no right to appointment of 92
counsel is hereby created. 93
8. In conducting the program, the prosecuting attorney 94
may require at any point the reinitiation of criminal 95
proceedings when, in his or her judgment, such is warranted. 96
9. Any county, city, person, organization, or agency, 97
or employee or agent thereof, involved with the supervision 98
of activities, programs, or community service that are a 99
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part of a prosecution diversion program, shall be immune 100
from any suit by the person performing the work under the 101
deferred prosecution agreement, or any person deriving a 102
cause of action from such person, except for an intentional 103
tort or gross negligence. Persons performing work or 104
community service pursuant to a deferred prosecution 105
agreement as described shall not be deemed to be engaged in 106
employment within the meaning of the provisions of chapter 107
288. A person performing work or community service pursuant 108
to a deferred prosecution agreement shall not be deemed an 109
employee within the meaning of the provisions of chapter 287. 110
10. Any person supervising or employing an accused or 111
defendant under the program shall report to the prosecuting 112
attorney any violation of the terms of the prosecution 113
diversion program. 114
11. After completion of the program and any conditions 115
imposed upon the accused or defendant, to the satisfaction 116
of the prosecuting attorney, the individual shall be 117
entitled to a dismissal or alternative disposition of 118
charges against them. Such disposition may, in the 119
discretion of the prosecuting attorney, be without prejudice 120
to the state of Missouri for the reinstitution of criminal 121
proceedings, within the statute of limitations, upon any 122
subsequent criminal activity on the part of the accused. 123
Any other provision of law notwithstanding, such individual 124
shall be required to pay any associated costs prior to 125
dismissal of pending charges. 126
610.140. 1. For the purposes of this section, the 1
following terms mean: 2
(1) "Court", any Missouri municipal, associate 3
circuit, or circuit court; 4
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(2) "Crime", any offense, violation, or infraction of 5
Missouri state, county, municipal, or administrative law; 6
(3) "Prosecutor" or "prosecuting attorney", the 7
prosecuting attorney, district attorney, circuit attorney, 8
or municipal prosecuting attorney. 9
2. (1) Notwithstanding any other provision of law and 10
subject to the provisions of this section, any person may 11
apply to any court in which such person was charged or found 12
guilty of any crimes for an order to expunge records of such 13
arrest, plea, trial, or conviction. 14
(2) Subject to the limitations of subsection 13 of 15
this section, a person may apply to have one or more crimes 16
expunged if each such crime occurred within the state of 17
Missouri and was prosecuted under the jurisdiction of a 18
Missouri court, so long as such person lists all the crimes 19
he or she is seeking to have expunged in the petition and so 20
long as all such crimes are not excluded under subsection 3 21
of this section. 22
(3) If the crimes sought to be expunged were committed 23
as part of the same course of criminal conduct, the person 24
may include all such related crimes in the petition, 25
regardless of the limits of subsection 13 of this section, 26
and those related crimes shall only count as the highest 27
level for the purpose of determining current and future 28
eligibility for expungement. 29
3. The following crimes shall not be eligible for 30
expungement under this section: 31
(1) Any class A felony offense; 32
(2) Any dangerous felony as that term is defined in 33
section 556.061; 34
(3) Any offense that requires registration as a sex 35
offender; 36
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(4) Any felony offense where death is an element of 37
the offense; 38
(5) Any felony offense of assault; misdemeanor or 39
felony offense of domestic assault; or felony offense of 40
kidnapping; 41
(6) Any offense listed, previously listed, or is a 42
successor to an offense in chapter 566 or section 105.454, 43
105.478, 115.631, 130.028, 188.030, 188.080, 191.677, 44
194.425, 217.385, 334.245, 375.991, 389.653, 455.085, 45
455.538, 557.035, 565.120, 565.130, 565.156, 566.093, 46
566.111, 566.115, 566.116, 568.020, 568.030, 568.032, 47
568.045, 568.060, 568.065, 568.175, 569.040, 569.050, 48
569.055, 569.060, 569.065, 569.067, 569.072, 569.160, 49
570.025, 570.090, 570.180, 570.223, 570.224, 570.310, 50
571.020, 571.060, 571.063, 571.070, 571.072, 571.150, 51
573.200, 573.205, 574.070, 574.105, 574.115, 574.120, 52
574.130, 574.140, 575.040, 575.095, 575.153, 575.155, 53
575.157, 575.159, 575.195, 575.200, 575.210, 575.220, 54
575.230, 575.240, 575.353, 577.078, 577.703, 577.706, or 55
632.520; 56
(7) Any offense eligible for expungement under section 57
610.130; 58
(8) Any intoxication-related traffic or boating 59
offense as defined in section 577.001, or any offense of 60
operating an aircraft with an excessive blood alcohol 61
content or while in an intoxicated condition; 62
(9) Any ordinance violation that is the substantial 63
equivalent of any offense that is not eligible for 64
expungement under this section; 65
(10) Any violation of any state law or county or 66
municipal ordinance regulating the operation of motor 67
vehicles when committed by an individual who has been issued 68
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a commercial driver's license or is required to possess a 69
commercial driver's license issued by this state or any 70
other state; and 71
(11) Any offense of section 571.030, except any 72
offense under subdivision (1) of subsection 1 of section 73
571.030 where the person was convicted or found guilty prior 74
to January 1, 2017, or any offense under subdivision (4) of 75
subsection 1 of section 571.030. 76
4. The petition shall name as defendants all law 77
enforcement agencies, courts, prosecuting or circuit 78
attorneys, central state repositories of criminal records, 79
or others who the petitioner has reason to believe may 80
possess the records subject to expungement for each of the 81
crimes listed in the petition. The court's order of 82
expungement shall not affect any person or entity not named 83
as a defendant in the action. 84
5. The petition shall include the following 85
information: 86
(1) The petitioner's: 87
(a) Full name; 88
(b) Sex; 89
(c) Race; 90
(d) Driver's license number, if applicable; and 91
(e) Current address; 92
(2) Each crime for which the petitioner is requesting 93
expungement; 94
(3) The approximate date the petitioner was charged 95
for each crime; and 96
(4) The name of the county where the petitioner was 97
charged for each crime and if any of the crimes occurred in 98
a municipality, the name of the municipality for each crime; 99
and 100
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(5) The case number and name of the court for each 101
crime. 102
6. The clerk of the court shall give notice of the 103
filing of the petition to the office of the prosecuting 104
attorney that prosecuted the crimes listed in the petition. 105
If the prosecuting attorney objects to the petition for 106
expungement, he or she shall do so in writing within thirty 107
days after receipt of service. Unless otherwise agreed upon 108
by the parties, the court shall hold a hearing within sixty 109
days after any written objection is filed, giving reasonable 110
notice of the hearing to the petitioner. If no objection 111
has been filed within thirty days after receipt of service, 112
the court may set a hearing on the matter and shall give 113
reasonable notice of the hearing to each entity named in the 114
petition. At any hearing, the court may accept evidence and 115
hear testimony on, and may consider, the following criteria 116
for each of the crimes listed in the petition for 117
expungement: 118
(1) At the time the petition is filed, it has been at 119
least three years if the offense is a felony, or at least 120
one year if the offense is a misdemeanor, municipal 121
violation, or infraction, from the date the petitioner 122
completed any authorized disposition imposed under section 123
557.011 for each crime listed in the petition; 124
(2) At the time the petition is filed, the person has 125
not been found guilty of any other misdemeanor or felony, 126
not including violations of the traffic regulations provided 127
under chapters 301, 302, 303, 304, and 307, during the time 128
period specified for the underlying crime in subdivision (1) 129
of this subsection; 130
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(3) The person has satisfied all obligations relating 131
to any such disposition, including the payment of any fines 132
or restitution; 133
(4) The person does not have charges pending; 134
(5) The petitioner's habits and conduct demonstrate 135
that the petitioner is not a threat to the public safety of 136
the state; and 137
(6) The expungement is consistent with the public 138
welfare and the interests of justice warrant the expungement. 139
A pleading by the petitioner that such petitioner meets the 140
requirements of subdivisions (5) and (6) of this subsection 141
shall create a rebuttable presumption that the expungement 142
is warranted so long as the criteria contained in 143
subdivisions (1) to (4) of this subsection are otherwise 144
satisfied. The burden shall shift to the prosecuting 145
attorney or circuit attorney to rebut the presumption. A 146
victim of a crime listed in the petition shall have an 147
opportunity to be heard at any hearing held under this 148
section. A court may find that the continuing impact of the 149
offense upon the victim rebuts the presumption that 150
expungement is warranted. 151
7. A petition to expunge records related to an arrest 152
for an eligible crime may be made in accordance with the 153
provisions of this section to a court of competent 154
jurisdiction in the county where the petitioner was arrested 155
no earlier than eighteen months from the date of arrest; 156
provided that, during such time, the petitioner has not been 157
charged and the petitioner has not been found guilty of any 158
misdemeanor or felony offense. 159
8. If the court determines that such person meets all 160
the criteria set forth in subsection 6 of this section for 161
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each of the crimes listed in the petition for expungement, 162
the court shall enter an order of expungement. In all cases 163
under this section, the court shall issue an order of 164
expungement or dismissal within six months of the filing of 165
the petition. A copy of the order of expungement shall be 166
provided to the petitioner and each entity possessing 167
records subject to the order, and, upon receipt of the 168
order, each entity shall close any record in its possession 169
relating to any crime listed in the petition, in the manner 170
established by section 610.120. The records and files 171
maintained in any administrative or court proceeding in a 172
municipal, associate, or circuit court for any crime ordered 173
expunged under this section shall be confidential and only 174
available to the parties or by order of the court for good 175
cause shown. The central repository shall request the 176
Federal Bureau of Investigation to expunge the records from 177
its files. 178
9. The order shall not limit any of the petitioner's 179
rights that were restricted as a collateral consequence of 180
such person's criminal record, and such rights shall be 181
restored upon issuance of the order of expungement. Except 182
as otherwise provided under this section, the effect of such 183
order shall be to fully restore the civil rights of such 184
person to the status he or she occupied prior to such 185
arrests, pleas, trials, or convictions as if such events had 186
never taken place. This includes fully restoring the civil 187
rights of a person to the right to vote, the right to hold 188
public office, and to serve as a juror. For purposes of 18 189
U.S.C. Section 921(a)(33)(B)(ii), an order of expungement 190
granted pursuant to this section shall be considered a 191
complete removal of all effects of the expunged conviction. 192
Except as otherwise provided under this section, the effect 193
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of such order shall be to restore such person to the status 194
he or she occupied prior to such arrests, pleas, trials, or 195
convictions as if such events had never taken place. No 196
person as to whom such order has been entered shall be held 197
thereafter under any provision of law to be guilty of 198
perjury or otherwise giving a false statement by reason of 199
his or her failure to recite or acknowledge such arrests, 200
pleas, trials, convictions, or expungement in response to an 201
inquiry made of him or her and no such inquiry shall be made 202
for information relating to an expungement, except the 203
petitioner shall disclose the expunged crime to any court 204
when asked or upon being charged with any subsequent crime. 205
The expunged crime may be considered a prior offense in 206
determining a sentence to be imposed for any subsequent 207
offense that the person is found guilty of committing. 208
10. Notwithstanding the provisions of subsection 9 of 209
this section to the contrary, a person granted an 210
expungement shall disclose any expunged crime when the 211
disclosure of such information is necessary to complete any 212
application for: 213
(1) A license, certificate, or permit issued by this 214
state to practice such individual's profession; 215
(2) Any license issued under chapter 313 or permit 216
issued under chapter 571; 217
(3) Paid or unpaid employment with an entity licensed 218
under chapter 313, any state-operated lottery, or any 219
emergency services provider, including any law enforcement 220
agency; 221
(4) Employment with any federally insured bank or 222
savings institution or credit union or an affiliate of such 223
institution or credit union for the purposes of compliance 224
with 12 U.S.C. Section 1829 and 12 U.S.C. Section 1785; 225
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(5) Employment with any entity engaged in the business 226
of insurance or any insurer for the purpose of complying 227
with 18 U.S.C. Section 1033, 18 U.S.C. Section 1034, or 228
other similar law which requires an employer engaged in the 229
business of insurance to exclude applicants with certain 230
criminal convictions from employment; or 231
(6) Employment with any employer that is required to 232
exclude applicants with certain criminal convictions from 233
employment due to federal or state law, including 234
corresponding rules and regulations. 235
An employer shall notify an applicant of the requirements 236
under subdivisions (4) to (6) of this subsection. 237
Notwithstanding any provision of law to the contrary, an 238
expunged crime shall not be grounds for automatic 239
disqualification of an applicant, but may be a factor for 240
denying employment, or a professional license, certificate, 241
or permit; except that, a crime expunged under the 242
provisions of this section may be grounds for automatic 243
disqualification if the application is for employment under 244
subdivisions (4) to (6) of this subsection. 245
11. A person who has been granted an expungement of 246
records pertaining to a crime may answer "no" to an 247
employer's inquiry into whether the person has ever been 248
arrested, charged, or convicted of a crime if, after the 249
granting of the expungement, the person has no public record 250
of a crime. The person, however, shall answer such an 251
inquiry affirmatively and disclose his or her criminal 252
convictions, including any offense expunged under this 253
section or similar law, if the employer is required to 254
exclude applicants with certain criminal convictions from 255
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employment due to federal or state law, including 256
corresponding rules and regulations. 257
12. If the court determines that the petitioner has 258
not met the criteria for any of the crimes listed in the 259
petition for expungement or the petitioner has knowingly 260
provided false information in the petition, the court shall 261
enter an order dismissing the petition. Any person whose 262
petition for expungement has been dismissed by the court for 263
failure to meet the criteria set forth in subsection 6 of 264
this section may not refile another petition until a year 265
has passed since the date of filing for the previous 266
petition. 267
13. A person may be granted more than one expungement 268
under this section provided that during his or her lifetime, 269
the total number of crimes for which orders of expungement 270
are granted to the person shall not exceed the following 271
limits: 272
(1) Not more than three misdemeanor offenses or 273
ordinance violations that have an authorized term of 274
imprisonment; and 275
(2) Not more than two felony offenses. 276
A person may be granted expungement under this section for 277
any number of infractions. Nothing in this section shall be 278
construed to limit or impair in any way the subsequent use 279
of any record expunged under this section of any arrests or 280
findings of guilt by a law enforcement agency, criminal 281
justice agency, prosecuting attorney or circuit attorney, 282
including its use as a prior crime. 283
14. The court shall make available a form for pro se 284
petitioners seeking expungement, which shall include the 285
following statement: "I declare under penalty of perjury 286
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that the statements made herein are true and correct to the 287
best of my knowledge, information, and belief.". 288
15. Nothing in this section shall be construed to 289
limit or restrict the availability of expungement to any 290
person under any other law. 291
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