[Ord. No. 2008-11 §1, 9-8-2008]
As used in this Article, the following terms shall have the
following definitions:
ARREST
An actual restraint of the person of the defendant, or by
his/her submission to the custody of the officer, under authority
of a warrant or otherwise for a criminal violation which results in
the issuance of a summons or the person being booked.
ARREST REPORT
A record of a law enforcement agency of an arrest and of
any detention or confinement incident thereto together with the charge
therefor.
INACTIVE
An investigation in which no further action will be taken
by a law enforcement agency or officer for any of the following reasons:
1.
A decision by the law enforcement agency not to pursue the case.
2.
Expiration of the time to file criminal charges pursuant to
the applicable statute of limitations or ten (10) years after the
commission of the offense, whichever date earliest occurs.
3.
Finality of the convictions of all persons convicted on the
basis of the information contained in the investigative report, by
exhaustion of or expiration of all rights of appeal of such persons.
INCIDENT REPORT
A record of a law enforcement agency consisting of the date,
time, specific location, name of the victim and immediate facts and
circumstances surrounding the initial report of a crime or incident,
including any logs of reported crimes, accidents and complaints maintained
by that agency.
INVESTIGATIVE REPORT
A record, other than an arrest or incident report, prepared
by personnel of a law enforcement agency inquiring into a crime or
suspected crime, either in response to an incident report or in response
to evidence developed by law enforcement officers in the course of
their duties.
[Ord. No. 2008-11 §1, 9-8-2008]
A. The Police Department of the City shall maintain records of all incidents reported to the Police Department, and investigations and arrests made by the Police Department. All incident reports and arrest reports shall be open records. Notwithstanding any other provision of law other than the provisions of Subsection
(C) of this Section or Section 320.083, RSMo., investigate reports of the Police Department are closed records until the investigation becomes inactive. If any person is arrested and not charged with an offense against the law within thirty (30) days of the person's arrest, the arrest report shall thereafter be a closed record except that the disposition portion of the record may be accessed except as provided in Section
110.310.
B. Except as provided in Subsection
(C) of this Section, if any portion of a record or document of a Police Department Officer or the Police Department, other than an arrest report which would otherwise be open, contains information that is reasonably likely to pose a clear and present danger to the safety of any victim, witness, undercover officer, or other person; or jeopardize a criminal investigation, including records which would disclose the identity of a source wishing to remain confidential or a suspect not in custody; or which would disclose techniques, procedures or guidelines for Police Department investigations or prosecutions, that portion of the record shall be closed and shall be redacted from any record made available pursuant to this Article.
C. Any person, attorney for a person, or insurer of a person involved in any incident or whose property is involved in an incident may obtain any records closed pursuant to this Section or Section
110.310 for purposes of investigation of any civil claim or defense as provided by this Subsection. Any individual, his/her attorney or insurer of a person involved in an incident or whose property is involved in an incident, upon written request, may obtain a complete unaltered and unedited incident report concerning the incident and may obtain access to other records closed by the Police Department pursuant to this Section. Within thirty (30) days of such request, the Police Department shall provide the requested material or file a motion pursuant to this Subsection with the Circuit Court having jurisdiction over the Police Department stating that the safety of the victim, witness or other individual cannot be reasonably ensured, or that a criminal investigation is likely to be jeopardized. Pursuant to Section 610.100(4), RSMo., if, based on such motion, the court finds for the Police Department, the court shall either order the record closed or order such portion of the record that should be closed to be redacted from any record made available pursuant to this Subsection.
D. The
victim of an offense as provided in Chapter 566, RSMo., may request
that his/her identity be kept confidential until a charge relating
to such incident is filed.
[Ord. No. 2008-11 §1, 9-8-2008]
If the person arrested is charged but the case is subsequently nolle prossed, dismissed, or the accused is found not guilty, or imposition of sentence is suspended in the court in which the action is prosecuted, official records pertaining to the case shall thereafter be closed records when such case is finally terminated except that the disposition portion of the record may be accessed except as provided in Section
110.310. If the accused is found not guilty due to mental disease or defect pursuant to Section 552.030, RSMo., official records pertaining to the case shall thereafter be closed records upon such findings, except that the disposition may be accessed only by law enforcement agencies, child care agencies, facilities as defined in Section 198.006, RSMo., and in-home services provider agencies as defined in Section 660.250, RSMo., in the manner established by Section 2-154.
[Ord. No. 2008-11 §1, 9-8-2008]
A. Records
required to be closed shall not be destroyed; they shall be inaccessible
to the general public and to all persons other than the defendant
except as provided in this Section and Section 43.507, RSMo. They
shall be available to the Sentencing Advisory Commission created in
Section 558.019, RSMo., for the purpose of studying sentencing practices,
and only to courts, law enforcement agencies, child care agencies,
Department of Revenue for driving record purposes, facilities as defined
in Section 198.006, RSMo., in-home services provider agencies as defined
in Section 660.250, RSMo., the Division of Workers' Compensation for
the purposes of determining eligibility for crime victims' compensation
pursuant to Sections 595.010 to 595.075, RSMo., and Federal agencies
for purposes of prosecution, sentencing, parole consideration, criminal
justice employment, child care employment, nursing home employment
and to Federal agencies for such investigative purposes as authorized
by law or presidential executive order. These records shall be made
available for the above purposes regardless of any previous statutory
provision which had closed such records to certain agencies or for
certain purposes. All records which are closed records shall be removed
from the records of the Police Department and Municipal Court which
are available to the public and shall be kept in separate records
which are to be held confidential and, where possible, pages of the
public record shall be retyped or rewritten omitting those portions
of the record which deal with the defendant's case. If retyping or
rewriting is not feasible because of the permanent nature of the record
books, such record entries shall be blacked out and recopied in a
confidential book.
B. As
used in this Section, the term "child care" includes
providers and youth services agencies as those terms are defined in
Section 43.540, RSMo., elementary and secondary school teachers, and
elementary and secondary school bus drivers, whether such drivers
are employed by a school or an entity which has contracted with the
school to provide transportation services.
[Ord. No. 2008-11 §1, 9-8-2008]
Except as provided by this Section, any information acquired by the Police Department by way of a complaint or report of a crime made by telephone contact using the emergency number "911" shall be inaccessible to the general public. However, information consisting of the date, time, specific location and immediate facts and circumstances surrounding the initial report of the crime or incident shall be considered to be an incident report and subject to Section
110.190. Any closed records pursuant to this Section shall be available upon request by law enforcement agencies or the Division of Workers' Compensation or pursuant to a valid court order authorizing disclosure upon motion and good cause shown.
[Ord. No. 2008-11 §1, 9-8-2008]
A. The
City of Hayti Police Department, if it maintains a daily log or record
that lists suspected crimes, accidents or complaints, shall make available
the following information for inspection and copying by the public:
1. The time, substance and location of all complaints or requests for
assistance received by the Police Department;
2. The time and nature of the Police Department's response to all complaints
or requests for assistance; and
3. If the incident involves an alleged crime or infraction:
a. The time, date and location of occurrence;
b. The name and age of any victim, unless the victim is a victim of
a crime under Chapter 566, RSMo.;
c. The factual circumstances surrounding the incident; and
d. A general description of any injuries, property or weapons involved.