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 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 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 the 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 Section 43.507, RSMo. The 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, private investigators, and persons seeking permits
to purchase or possess a firearm; those agencies authorized by Section
43.543, RSMo., to submit and 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 Section 43.507, RSMo.; to qualified entities for the
purpose of screening providers defined in Section 43.540, RSMo.; the
Department of Revenue for driver license administration; the Police
Department 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 Lake Lotawana 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:
