Bill Text: MO HB1984 | 2010 | Regular Session | Introduced
Bill Title: Requires any information contained in certain court records that could be used to identify or locate certain crime victims to be redacted prior to disclosure to the public
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-05-14 - Referred: Judiciary (H) [HB1984 Detail]
Download: Missouri-2010-HB1984-Introduced.html
SECOND REGULAR SESSION
95TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES STEVENSON (Sponsor) AND BURNETT (Co-sponsor).
4624L.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal section 566.226, RSMo, and to enact in lieu thereof one new section relating to identifying information in court records.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 566.226, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 566.226, to read as follows:
566.226. 1. After August 28, 2007, any information contained in any court record, whether written or [published on the Internet,] in electronic format that could be used to identify or locate any victim of the following crimes: sexual assault, domestic assault, stalking, or [forcible rape] any other violation of this chapter or chapter 568, shall be [closed and] redacted from such record prior to disclosure to the public if filed prior to January 1, 2011. Beginning January 1, 2011, the identifying information as defined in this section shall be retained on a confidential case filing sheet.
2. Identifying information shall include the name, home or temporary address, telephone number, or Social Security number [or physical characteristics] of any victim of the following crimes: sexual assault, domestic assault, stalking, or any other violation of this chapter or chapter 568, but not the named party in civil litigation.
[2.] 3. If the court determines that a person or entity who is requesting identifying information of a victim has a legitimate interest in obtaining such information, the court may allow access to the information, but only if the court determines that disclosure to the person or entity would not compromise the welfare or safety of such victim.
[3.] 4. Notwithstanding the provisions of subsection 1 of this section, the judge presiding over a sexual assault, domestic assault, stalking, or [forcible rape] any other violation of this chapter or chapter 568, case shall have the discretion to publicly disclose identifying information regarding the defendant which could be used to identify or locate the victim of the crime. The victim may provide a statement to the court regarding whether he or she desires such information to remain closed. When making the decision to disclose such information, the judge shall consider the welfare and safety of the victim and any statement to the court received from the victim regarding the disclosure.
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