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5600S.03C
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SENATE COMMITTEE SUBSTITUTE
FOR
SENATE BILLS NOS. 854 & 1494
AN ACT
To repeal sections 43.500, 43.530, and 565.030, RSMo,
and to enact in lieu thereof seven new sections
relating to proceedings resulting from criminal
conduct.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 43.500, 43.530, and 565.030, RSMo,
are repealed and seven new sections enacted in lieu thereof, to
be known as sections 43.500, 43.530, 476.411, 565.030, 610.141,
610.143, and 610.144, to read as follows:
43.500. As used in sections 43.500 to 43.651, the
following terms mean:
(1) "Administration of criminal justice", performance
of any of the following activities: detection,
apprehension, detention, pretrial release, post-trial
release, prosecution, adjudication, correctional
supervision, or rehabilitation of accused persons or
criminal offenders. The administration of criminal justice
shall include the discretion to disclose closed mobile video
recordings. Such discretion shall belong solely to the
agency creating the video and shall not waive closure rights
or requirements for subsequent requests. The administration
of criminal justice shall include the screening of employees
or applicants seeking employment with criminal justice
agencies, criminal identification activities, and the
collection, storage, and dissemination of criminal history
information, including fingerprint searches, photographs,
and other unique biometric identification;
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(2) "Central repository", the division within the
Missouri state highway patrol responsible for compiling and
disseminating complete and accurate criminal history records
and statistics;
(3) "Committee", criminal records and justice
information advisory committee;
(4) "Comparable ordinance violation", a violation of
an ordinance having all the essential elements of a
statutory felony or a class A misdemeanor;
(5) "Criminal history record information", information
collected by criminal justice agencies on individuals
consisting of identifiable descriptions and notations of
arrests, detentions, indictments, informations, or other
formal criminal charges, and any disposition arising
therefrom, sentencing, correctional supervision, and release;
(6) "Final disposition", the formal conclusion of a
criminal proceeding at whatever stage it occurs in the
criminal justice system;
(7) "Missouri charge code", a unique number assigned
by the office of state courts administrator to an offense
for tracking and grouping offenses. Beginning January 1,
2005, the complete charge code shall consist of digits
assigned by the office of state courts administrator, the
two-digit national crime information center modifiers and a
single digit designating attempt, accessory, or conspiracy.
The only exception to the January 1, 2005, date shall be the
courts that are not using the statewide court automation
case management pursuant to section 476.055; the effective
date will be as soon thereafter as economically feasible for
all other courts;
(8) "State offense cycle number", a unique number,
supplied by or approved by the Missouri state highway
patrol, on the state criminal fingerprint card. The offense
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cycle number, OCN, is used to link the identity of a person,
through unique biometric identification, to one or many
offenses for which the person is arrested or charged. The
OCN will be used to track an offense incident from the date
of arrest to the final disposition when the offender exits
from the criminal justice system;
(9) "Unique biometric identification", automated
methods of recognizing and identifying an individual based
on a physiological characteristic. Biometric identification
methods may include but are not limited to facial
recognition, fingerprints, palm prints, hand geometry, iris
recognition, and retinal scan.
43.530. 1. For each request requiring the payment of
a fee received by the central repository, the requesting
entity shall pay a fee of not more than nine dollars per
request for criminal history record information not based on
a fingerprint search. In each year beginning on or after
January 1, 2010, the superintendent may increase the fee
paid by requesting entities by an amount not to exceed one
dollar per year, however, under no circumstance shall the
fee paid by requesting entities exceed [fifteen] twenty
dollars per request.
2. For each request requiring the payment of a fee
received by the central repository, the requesting entity
shall pay a fee of not more than twenty dollars per request
for criminal history record information based on a
fingerprint search, unless the request is required under the
provisions of subdivision (6) of section 210.481, section
210.487, or section 571.101, in which case the fee shall be
fourteen dollars.
3. Upon establishment of a fingerprinting system
within the central repository, the superintendent shall
collect the current vendor fee for device usage by
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requestors under this section. When initially established,
the fee shall not exceed the vendor fee then in place for
legacy livescan devices under state contract. Thereafter
the superintendent may increase the fee by no more than
fifty cents per year. The fee shall be deposited to the
Criminal Record System Fund.
4. A request made under subsections 1 and 2 of this
section shall be limited to check and search on one
individual. Each request shall be accompanied by a check,
warrant, voucher, money order, or electronic payment payable
to the state of Missouri-criminal record system or payment
shall be made in a manner approved by the highway patrol.
The highway patrol may establish procedures for receiving
requests for criminal history record information for
classification and search for fingerprints, from courts and
other entities, and for the payment of such requests. There
is hereby established by the treasurer of the state of
Missouri a fund to be entitled as the "Criminal Record
System Fund". Notwithstanding the provisions of section
33.080 to the contrary, if the moneys collected and
deposited into this fund are not totally expended annually
for the purposes set forth in sections 43.500 to 43.651, the
unexpended moneys in such fund shall remain in the fund and
the balance shall be kept in the fund to accumulate from
year to year.
476.411. Beginning January 1, 2031, and each year
thereafter, the office of state courts administrator and the
Missouri state highway patrol shall submit a report to the
joint committee on the justice system, the house judiciary
committee or any successor committee, and the senate
judiciary and civil and criminal jurisprudence committee or
any successor committee providing statistical information
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for the prior year, arranged by judicial circuit and county,
of:
(1) The number of clean slate eligible offenses as
defined under section 610.141 identified by the Missouri
state highway patrol under subsection 2 of section 610.141
and transmitted to the courts;
(2) The number of identified clean slate eligible
offenses to which a prosecuting attorney filed an objection
under subsection 3 of section 610.141; and
(3) The number of orders of expungement issued under
section 610.141.
The data shall be aggregated by race, sex, age, circuit,
county, and offense type and level if such data is available.
565.030. 1. Where murder in the first degree is
charged but not submitted or where the state waives the
death penalty, the submission to the trier and all
subsequent proceedings in the case shall proceed as in all
other criminal cases.
2. Where murder in the first degree is submitted to
the trier without a waiver of the death penalty, the trial
shall proceed in two stages before the same trier. At the
first stage the trier shall decide only whether the
defendant is guilty or not guilty of any submitted offense.
The issue of punishment shall not be submitted to the trier
at the first stage. If an offense is charged other than
murder in the first degree in a count together with a count
of murder in the first degree, the trial judge shall assess
punishment on any such offense according to law, after the
defendant is found guilty of such offense and after he finds
the defendant to be a prior offender pursuant to chapter 558.
3. If murder in the first degree is submitted and the
death penalty was not waived but the trier finds the
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defendant guilty of a lesser homicide, a second stage of the
trial shall proceed as in all other criminal cases. The
attorneys may then argue as in other criminal cases the
issue of punishment, after which the trier shall assess and
declare the punishment as in all other criminal cases.
4. If the trier at the first stage of a trial where
the death penalty was not waived finds the defendant guilty
of murder in the first degree, a second stage of the trial
shall proceed at which the only issue shall be the
punishment to be assessed and declared. Evidence in
aggravation and mitigation of punishment, including but not
limited to evidence supporting any of the aggravating or
mitigating circumstances listed in subsection 2 or 3 of
section 565.032, may be presented subject to the rules of
evidence at criminal trials. Such evidence may include,
within the discretion of the court, evidence concerning the
murder victim and the impact of the offense upon the family
of the victim and others. Rebuttal and surrebuttal evidence
may be presented. The state shall be the first to proceed.
If the trier is a jury it shall be instructed on the law.
The attorneys may then argue the issue of punishment to the
jury, and the state shall have the right to open and close
the argument. The trier shall assess and declare the
punishment at life imprisonment without eligibility for
probation, parole, or release except by act of the governor:
(1) If the trier finds by a preponderance of the
evidence that the defendant is intellectually disabled; or
(2) If the trier does not find beyond a reasonable
doubt at least one of the statutory aggravating
circumstances set out in subsection 2 of section 565.032; or
(3) If the trier [concludes that there is evidence in
mitigation of punishment, including but not limited to
evidence supporting the statutory mitigating circumstances
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listed in subsection 3 of section 565.032, which is
sufficient to outweigh the evidence in aggravation of
punishment found by the trier] does not determine by
unanimous vote that the aggravating circumstance or
circumstances previously found outweigh the mitigating
circumstance or circumstances including, but not limited to,
those mitigating circumstances set out in subsection 3 of
section 565.032; or
(4) If the trier decides under all of the
circumstances not to assess and declare the punishment at
death. If the trier is a jury it shall be so instructed.
If the trier assesses and declares the punishment at death
it shall, in its findings or verdict, set out in writing the
aggravating circumstance or circumstances listed in
subsection 2 of section 565.032 which it found beyond a
reasonable doubt. If the trier is a jury it shall be
instructed before the case is submitted that if it is unable
to decide or agree upon the punishment the court shall
assess and declare the punishment at life imprisonment
without eligibility for probation, parole, or release except
by act of the governor [or death. The court shall follow
the same procedure as set out in this section whenever it is
required to determine punishment for murder in the first
degree].
5. Upon written agreement of the parties and with
leave of the court, the issue of the defendant's
intellectual disability may be taken up by the court and
decided prior to trial without prejudicing the defendant's
right to have the issue submitted to the trier of fact as
provided in subsection 4 of this section.
6. As used in this section, the terms "intellectual
disability" or "intellectually disabled" refer to a
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condition involving substantial limitations in general
functioning characterized by significantly subaverage
intellectual functioning with continual extensive related
deficits and limitations in two or more adaptive behaviors
such as communication, self-care, home living, social
skills, community use, self-direction, health and safety,
functional academics, leisure and work, which conditions are
manifested and documented before eighteen years of age.
7. The provisions of this section shall only govern
offenses committed on or after August 28, 2001.
610.141. 1. For the purposes of this section, the
following terms shall mean:
(1) "Court record information", any information stored
in a statewide court automation system relating to a
specific criminal offense in this state;
(2) "Criminal history record information", data
relating to the arrest, prosecution, court action,
detention, and other related information collected, stored,
and disseminated by the central repository for each criminal
offense in this state;
(3) "Eligible Offense", for an offense to be eligible,
it must:
(a) Be a qualifying offense, as defined in this
section;
(b) Be a final conviction;
(c) Be the only charge of conviction in a case or part
of a case that contains only convictions for qualifying
offenses;
(d) Have been one year since final disposition of the
eligible offense for a misdemeanor and three years for a
felony;
(e) Be an offender with no conviction for a
misdemeanor or felony within one calendar year of the final
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disposition of the expungable offense if the offense is a
misdemeanor and three years if the expungable offense is a
felony, not including violations of the traffic regulations
provided under chapters 301, 302, 303, 304, and 307;
(f) Be an offender with no outstanding arrest or
pending charges for a misdemeanor or felony at the time of
analysis for expungement, not including violations of the
traffic regulations provided under chapters 301, 302, 303,
304, and 307; and
(g) Not be for an class A felony;
(4) "Expungement", closure of the record pursuant to
section 610.120;
(5) "Qualifying offense", a conviction for:
(a) Possession of a controlled substance under section
195.202, as it existed prior to January 1, 2017;
(b) Unlawful use of drug paraphernalia under section
195.233, as it existed prior to January 1, 2017;
(c) Possession or control of a controlled substance
under section 579.015; or
(d) Unlawful possession of drug paraphernalia under
section 579.074.
(6) "Restoration of rights", a full restoration of the
civil rights of such person to the status occupied prior to
the conviction as if such events had never taken place.
This includes the right to vote, the right to hold public
office, and to serve as a juror. No person with a state
initiated expungement shall be held thereafter under any
provision of law to be guilty of perjury or otherwise giving
a false statement by reason of his or her failure to recite
or acknowledge such convictions or expungement in response
to an inquiry and no such inquiry shall be made for
information relating to an expungement, except the
petitioner shall disclose the expunged crime to any entity
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with authorization to access closed records under section
610.120. The expunged crime may be considered a prior
offense in determining a sentence to be imposed for any
subsequent offense that the person is found guilty of
committing. "Restoration of rights" shall not include
rights related to the uses for the conviction detailed in
section 610.120.
2. All eligible offenses shall automatically be
expunged as a matter of law upon eligibility. The result of
the expungement shall be a closure of the record and
restoration of rights, as defined in this section.
3. The central repository shall, on a rolling basis,
but not less than once per week, automatically screen
criminal history record information contained in the
statewide criminal history database for eligible offenses.
All eligible offenses shall be automatically expunged
pursuant to this section. The central repository shall base
automated expungement record designations only on the data
available in its system. Once expunged, an offense record
status shall reflect the expungement in the criminal history
system by way of the Missouri Uniform Law Enforcement
System. If additional information is learned by the central
repository relating to eligibility, the analysis may be
rerun as necessary and the record status updated.
4. The supreme court of Missouri shall, on a rolling
basis, but not less than once per week, automatically screen
court record information for eligible offenses. All case
materials relating to eligible offenses shall be
automatically expunged pursuant to this section. Expunged
court record information shall be closed pursuant to section
610.120 and available to the parties.
5. For purposes of compliance with this section, any
agency releasing investigative reports under chapter 610
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shall treat said information as a closed record where it
relates only to an expunged offense under this section. It
shall be an affirmative defense that an agency conducted a
Missouri Uniform Law Enforcement System query of the
relevant criminal history record and adhered to the record
status designation therein.
6. During the sentencing phase of any criminal case
for a qualifying offense under this section, the sentencing
court, upon its own motion or motion of any party, may
designate a conviction ineligible for state initiated
expungement under this section if the record shows, by a
preponderance of the evidence, that:
(1) The petitioner's habits and conduct demonstrate
that the petitioner is a threat to the public safety of the
state;
(2) The state-initiated expungement is not consistent
with the public welfare; or
(3) The interests of justice do not warrant the
expungement.
Any party may request a hearing on such a motion and present
evidence. Upon a finding to exclude a conviction from state
initiated expungement, the court shall designate the
conviction type as not eligible for state initiated
expungement in the statewide court automation system and
when transmitting the sentencing information to the central
repository.
7. An offender shall be limited to three misdemeanor
and two felony expungements under this section and section
610.140 combined. Where a criminal case contains more than
one expungable offense, the offense with the greatest
severity shall be the only offense that counts for the
purposes of this subsection.
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8. Nothing in this section shall prohibit the filing
of an expungement petition under any other provision of law
for which such a filing is permissible.
9. Notwithstanding any other provision of law, the
sole remedy for relief for failure to expunge under this
section shall be the filing of an expungement petition under
section 610.140.
10. The provisions of this section shall be effective
when technically feasible for both the supreme court of
Missouri and the central repository, but no later than
January 1, 2028.
610.143. 1. A credit bureau may report records of
arrests, indictments pending trial, and convictions of
crimes for no longer than seven years from final
disposition. Records of arrests, indictments pending trial,
and convictions of crimes shall no longer be reported if at
any time after a conviction it is learned that a full pardon
or expungement has been granted for that conviction, or at
any time after an arrest or indictment it is learned that a
conviction did not result.
2. Any credit bureau or user of information that
willfully fails to comply with any requirement of this
section with respect to any consumer is liable to that
consumer in an amount equal to:
(1) Any actual damages sustained by the consumer as a
result of the failure;
(2) Punitive damages as the court may allow; and
(3) In the case of any successful action under this
section, costs of the action and reasonable attorney's fees
as determined by the court.
3. Any credit bureau or user of information that is
negligent in failing to comply with any requirement of this
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section with respect to any consumer is liable to that
consumer in an amount equal to:
(1) Any actual damages sustained by the consumer as a
result of the failure; and
(2) In the case of any successful action under this
section, costs of the action and reasonable attorney's fees
as determined by the court.
4. Injunctive relief shall be available to any
consumer aggrieved by a violation or a threatened violation
of this section regardless of whether the consumer seeks any
other remedy under this section.
5. An employer, volunteer organization, or landlord
who employs, qualifies, or otherwise engages an individual
whose criminal history record has been expunged shall be
immune from liability for any claim arising out of the
misconduct of the individual if the misconduct relates to
the portion of the criminal history record that has been
expunged.
6. A person granted an expungement shall disclose any
expunged offense if the disclosure of such information is
necessary to complete any application for employment with
any:
(1) Federally insured bank or savings institution or
credit union or an affiliate of such institution or credit
union for the purpose of compliance with 12 U.S.C. Section
1829 and 12 U.S.C. Section 1785; or
(2) Entity engaged in the business of insurance or any
insurer for the purpose of complying with 18 U.S.C. Section
1033, 18 U.S.C. Section 1034, or other similar law that
requires an employer engaged in the business of insurance to
exclude applicants with certain criminal convictions from
employment.
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610.144. 1. (1) There is hereby created in the state
treasury the "Missouri Expungement Fund", which shall
consist of moneys appropriated to it by the general assembly
and gifts, donations, grants, and bequests. The state
treasurer shall be custodian of the fund. In accordance
with sections 30.170 and 30.180, the state treasurer may
approve disbursements. The fund shall be a dedicated fund
and, upon appropriation, moneys in this fund shall be used
solely as provided in subsection 2 of this section.
(2) The state treasurer shall invest moneys in the
fund in the same manner as other funds are invested. Any
interest and moneys earned on such investments shall be
credited to the fund.
2. The office of state courts administrator, the
department of public safety, and the information technology
services division within the office of administration shall
expend moneys from the fund, upon appropriation, on the
statewide court automation case management system and the
Missouri criminal history record information system
established under sections 43.500 to 43.530 for one or more
of the following purposes:
(1) Expenses that may be incurred to develop,
establish, maintain, or operate any information technology
equipment, software, systems, or services associated with
the expungement or closing of records under Missouri law,
including the development and implementation of any
technology-assisted, state-initiated bulk expungement or
sealing of records under Missouri law; or
(2) The cost of necessary personnel or contractors.