As used in this Article, the following
terms shall have the following definitions:
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.
A record of a law enforcement agency of an arrest and of
any detention or confinement incident thereto together with the charge
therefor.
An investigation in which no further action will be taken
by a law enforcement agency or officer for any of the following reasons:
A decision by the law enforcement
agency not to pursue the case.
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.
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.
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.
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.
Any system or device that captures visual signals that is
capable of installation and being installed in a vehicle or being
worn or carried by personnel of a law enforcement agency and that
includes, at minimum, a camera and recording capabilities.
Any data captured by a mobile video recorder, including audio,
video, and any metadata.
A place where one would have a reasonable expectation of
privacy, including but not limited to a dwelling, school, or medical
facility.
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.
1.
Notwithstanding any other provision of law other than the provisions
of Subsections 4, 5 and 6 of Section 610.100, RSMo., or Section 320.083,
RSMo., mobile video recordings and investigative reports of all law
enforcement agencies and any reports or records in the possession
of the Department of Health and Senior Services' State Public Health
Laboratory, which were the result of testing performed at the request
of any municipal, county, State or Federal Law Enforcement Agency,
are closed records until the investigation becomes inactive.
2.
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 and except as provided in Section 120.140 of this Chapter.
3.
Except as provided in Subsections
3 and 5 of Section 610.100, RSMo., a mobile video recording that is
recorded in a non-public location is authorized to be closed, except
that any person who is depicted in the recording or whose voice is
in the recording, a legal guardian or parent of such person if he
or she is a minor, a family member of such person within the first
degree of consanguinity if he or she is deceased or incompetent, an
attorney for such person, or insurer of such person, upon written
request, may obtain a complete, unaltered, and unedited copy of a
recording under and pursuant to Section 610.100, RSMo.
B.
Except as provided in Subsections (C) and (D) 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 Chapter.
C.
Any person, including a legal guardian or parent of such person if he or she is a minor, a family member of such person within the first degree of consanguinity of such person if deceased or incompetent, 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 120.140 for purposes of investigation of any civil claim or defense as provided by this Subsection. Any individual, legal guardian or parent of such person is he or she is a minor, his/her attorney or insurer 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.
Any person may apply pursuant to this Subsection
to the Circuit Court having jurisdiction for an order requiring a
law enforcement agency to open incident reports and arrest reports
being unlawfully closed pursuant to this Section. If the court finds
by a preponderance of the evidence that the law enforcement officer
or agency has knowingly violated this Section, the officer or agency
shall be subject to a civil penalty in an amount up to one thousand
dollars ($1,000.00). If the court finds that there is a knowing violation
of this Section, the court may order payment by such officer or agency
of all costs and attorneys' fees, as provided by Section 610.027,
RSMo. If the court finds by a preponderance of the evidence that the
law enforcement officer or agency has purposely violated this Section,
the officer or agency shall be subject to a civil penalty in an amount
up to five thousand dollars ($5,000.00) and the court shall order
payment by such officer or agency of all costs and attorney fees,
as provided in Section 610.027, RSMo. The court shall determine the
amount of the penalty by taking into account the size of the jurisdiction,
the seriousness of the offense, and whether the law enforcement officer
or agency has violated this Section previously.
E.
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.
F.
Any person who requests and receives a
mobile video recording that was recorded in a non-public location
under and pursuant to Section 610.100, RSMo., is prohibited from displaying
or disclosing the mobile video recording, including any description
or account of any or all of the mobile video recording, without first
providing direct third-party notice to each person not affiliated
with a law enforcement agency or each non-law enforcement agency individual
whose image or sound is contained in the recording, and affording,
upon receiving such notice, each person appearing and whose image
or sound is contained in the mobile video recording no less than ten
(10) days to file and serve an action seeking an order from a court
of competent jurisdiction to enjoin all or some of the intended display,
disclosure, description, or account of the recording. Any person who
fails to comply with the provisions of this Subsection is subject
to damages in a civil action proceeding.
A.
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 as provided in Subsection (B) of this Section and Section 120.140 and except that the court's judgment or order or the final action taken by the prosecutor in such matters may be accessed. 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 192.2400, RSMo., in the manner established by Section 120.140.
B.
If the person arrested is charged with
an offense found in Chapter 566, RSMo., Section 568.045, 568.050,
568.060, 568.065, 573.200, 573.205 or 568.175, RSMo., and an imposition
of sentence is suspended in the court in which the action is prosecuted,
the official records pertaining to the case shall be made available
to the victim for the purpose of using the records in his/her own
judicial proceeding or if the victim is a minor to the victim's parents
or guardian, upon request.
A.
Except as otherwise provided under Section 610.124, RSMo., 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 Chapter 43, RSMo. Closed records
shall be available to: criminal justice agencies for the administration
of criminal justice pursuant to Section 43.500, RSMo., criminal justice
employment, screening persons with access to criminal justice facilities,
procedures and sensitive information; to law enforcement agencies
for issuance or renewal of a license, permit, certification, or registration
of authority from such agency including, but not limited to, watchmen,
security personnel, and private investigators; those agencies authorized
by Chapter 43, RSMo., and applicable State law when submitting fingerprints
to the central repository; the Sentencing Advisory Commission created
in Section 558.019, RSMo., for the purpose of studying sentencing
practices in accordance with Chapter 43, RSMo.; to qualified entities
for the purpose of screening providers defined in Chapter 43, RSMo.;
the Department of Revenue for driver license administration; the Department
of Public Safety for the purposes of determining eligibility for crime
victims' compensation pursuant to Sections 595.010 to 595.075, RSMo.;
Department of Health and Senior Services for the purpose of licensing
and regulating facilities and regulating in-home services provider
agencies and Federal agencies for purposes of criminal justice administration,
criminal justice employment, child, elderly, or disabled care, and
for such investigative purposes as authorized by law or presidential
executive order.
B.
These records shall be made available only
for the purposes and to the entities listed in this Section. A criminal
justice agency receiving a request for criminal history information
under its control may require positive identification, to include
fingerprints of the subject of the record search, prior to releasing
closed record information. Dissemination of closed and open records
from the Missouri criminal records repository shall be in accordance
with Section 43.509, RSMo. 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.
Except as provided by this Section, any information acquired by the Police Department or a first responder agency 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 120.120. 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.
A.
The City of St. James 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:
