Definitions--arrest and incident records shall be available topublic--closed records, when--record redacted, when--access toincident reports, record redacted, when--action for disclosure ofinvestigative report authorized, costs--application to open incidentand arrest reports, violations, civil penalty--identity of victimof sexual offense.
610.100. 1. As used in sections 610.100 to 610.150, the followingwords and phrases shall mean:
(1) "Arrest", an actual restraint of the person of the defendant, orby his or her submission to the custody of the officer, under authority ofa warrant or otherwise for a criminal violation which results in theissuance of a summons or the person being booked;
(2) "Arrest report", a record of a law enforcement agency of anarrest and of any detention or confinement incident thereto together withthe charge therefor;
(3) "Inactive", an investigation in which no further action will betaken by a law enforcement agency or officer for any of the followingreasons:
(a) A decision by the law enforcement agency not to pursue the case;
(b) Expiration of the time to file criminal charges pursuant to theapplicable statute of limitations, or ten years after the commission of theoffense; whichever date earliest occurs;
(c) Finality of the convictions of all persons convicted on the basisof the information contained in the investigative report, by exhaustion ofor expiration of all rights of appeal of such persons;
(4) "Incident report", a record of a law enforcement agencyconsisting of the date, time, specific location, name of the victim andimmediate facts and circumstances surrounding the initial report of a crimeor incident, including any logs of reported crimes, accidents andcomplaints maintained by that agency;
(5) "Investigative report", a record, other than an arrest orincident report, prepared by personnel of a law enforcement agency,inquiring into a crime or suspected crime, either in response to anincident report or in response to evidence developed by law enforcementofficers in the course of their duties.
2. Each law enforcement agency of this state, of any county, and ofany municipality shall maintain records of all incidents reported to theagency, investigations and arrests made by such law enforcement agency.All incident reports and arrest reports shall be open records.Notwithstanding any other provision of law other than the provisions ofsubsections 4, 5 and 6 of this section or section 320.083, RSMo,investigative reports of all law enforcement agencies are closed recordsuntil the investigation becomes inactive. If any person is arrested andnot charged with an offense against the law within thirty days of theperson's arrest, the arrest report shall thereafter be a closed recordexcept that the disposition portion of the record may be accessed andexcept as provided in section 610.120.
3. Except as provided in subsections 4, 5, 6 and 7 of this section,if any portion of a record or document of a law enforcement officer oragency, other than an arrest report, which would otherwise be open,contains information that is reasonably likely to pose a clear and presentdanger to the safety of any victim, witness, undercover officer, or otherperson; or jeopardize a criminal investigation, including records whichwould disclose the identity of a source wishing to remain confidential or asuspect not in custody; or which would disclose techniques, procedures orguidelines for law enforcement investigations or prosecutions, that portionof the record shall be closed and shall be redacted from any record madeavailable pursuant to this chapter.
4. Any person, including a family member of such person within thefirst degree of consanguinity if such person is deceased or incompetent,attorney for a person, or insurer of a person involved in any incident orwhose property is involved in an incident, may obtain any records closedpursuant to this section or section 610.150 for purposes of investigationof any civil claim or defense, as provided by this subsection. Anyindividual, his or her family member within the first degree ofconsanguinity if such individual is deceased or incompetent, his or herattorney or insurer, involved in an incident or whose property is involvedin an incident, upon written request, may obtain a complete unaltered andunedited incident report concerning the incident, and may obtain access toother records closed by a law enforcement agency pursuant to this section.Within thirty days of such request, the agency shall provide the requestedmaterial or file a motion pursuant to this subsection with the circuitcourt having jurisdiction over the law enforcement agency stating that thesafety of the victim, witness or other individual cannot be reasonablyensured, or that a criminal investigation is likely to be jeopardized. If,based on such motion, the court finds for the law enforcement agency, thecourt shall either order the record closed or order such portion of therecord that should be closed to be redacted from any record made availablepursuant to this subsection.
5. Any person may bring an action pursuant to this section in thecircuit court having jurisdiction to authorize disclosure of theinformation contained in an investigative report of any law enforcementagency, which would otherwise be closed pursuant to this section. Thecourt may order that all or part of the information contained in aninvestigative report be released to the person bringing the action. Inmaking the determination as to whether information contained in aninvestigative report shall be disclosed, the court shall consider whetherthe benefit to the person bringing the action or to the public outweighsany harm to the public, to the law enforcement agency or any of itsofficers, or to any person identified in the investigative report in regardto the need for law enforcement agencies to effectively investigate andprosecute criminal activity. The investigative report in question may beexamined by the court in camera. The court may find that the party seekingdisclosure of the investigative report shall bear the reasonable andnecessary costs and attorneys' fees of both parties, unless the court findsthat the decision of the law enforcement agency not to open theinvestigative report was substantially unjustified under all relevantcircumstances, and in that event, the court may assess such reasonable andnecessary costs and attorneys' fees to the law enforcement agency.
6. Any person may apply pursuant to this subsection to the circuitcourt having jurisdiction for an order requiring a law enforcement agencyto open incident reports and arrest reports being unlawfully closedpursuant to this section. If the court finds by a preponderance of theevidence that the law enforcement officer or agency has knowingly violatedthis section, the officer or agency shall be subject to a civil penalty inan amount up to one thousand dollars. If the court finds that there is aknowing violation of this section, the court may order payment by suchofficer or agency of all costs and attorneys' fees, as provided by section610.027. If the court finds by a preponderance of the evidence that thelaw enforcement officer or agency has purposely violated this section, theofficer or agency shall be subject to a civil penalty in an amount up tofive thousand dollars and the court shall order payment by such officer oragency of all costs and attorney fees, as provided in section 610.027. Thecourt shall determine the amount of the penalty by taking into account thesize of the jurisdiction, the seriousness of the offense, and whether thelaw enforcement officer or agency has violated this section previously.
7. The victim of an offense as provided in chapter 566, RSMo, mayrequest that his or her identity be kept confidential until a chargerelating to such incident is filed.
(1986) Application of this block of sections to records kept before September 28, 1973, does not violate constitutional ban on ex post facto or retrospective legislation contained in section 13 of Article I of the Missouri Constitution. Martin v. Schmalz, 713 S.W.2d 22 (Mo.App.).
(1993) Arrest records of venirepersons obtained by state did not violate statute which required such records to be closed to general public. Arrest records may be accessed for use in selecting jury. State v. Johnson, 858 S.W.2d 254 (Mo.App.E.D.).
(2005) License plate numbers, addresses, telephone numbers, and month and date of birth of the parties in vehicular incident reports are not subject to disclosure as open records, and the public governmental body may redact such information. State ex rel. Goodman v. St. Louis Board of Police Commissioners, 181 S.W.3d 156 (Mo.App.E.D.).
(2007) Department of Social Services does not have power to arrest and thus is not a "law enforcement agency" within meaning of section. Scroggins v. Department of Social Services, Children's Division, 227 S.W.3d 498 (Mo.App.W.D.).
Definitions--arrest and incident records shall be available topublic--closed records, when--record redacted, when--access toincident reports, record redacted, when--action for disclosure ofinvestigative report authorized, costs--application to open incidentand arrest reports, violations, civil penalty--identity of victimof sexual offense.
610.100. 1. As used in sections 610.100 to 610.150, the followingwords and phrases shall mean:
(1) "Arrest", an actual restraint of the person of the defendant, orby his or her submission to the custody of the officer, under authority ofa warrant or otherwise for a criminal violation which results in theissuance of a summons or the person being booked;
(2) "Arrest report", a record of a law enforcement agency of anarrest and of any detention or confinement incident thereto together withthe charge therefor;
(3) "Inactive", an investigation in which no further action will betaken by a law enforcement agency or officer for any of the followingreasons:
(a) A decision by the law enforcement agency not to pursue the case;
(b) Expiration of the time to file criminal charges pursuant to theapplicable statute of limitations, or ten years after the commission of theoffense; whichever date earliest occurs;
(c) Finality of the convictions of all persons convicted on the basisof the information contained in the investigative report, by exhaustion ofor expiration of all rights of appeal of such persons;
(4) "Incident report", a record of a law enforcement agencyconsisting of the date, time, specific location, name of the victim andimmediate facts and circumstances surrounding the initial report of a crimeor incident, including any logs of reported crimes, accidents andcomplaints maintained by that agency;
(5) "Investigative report", a record, other than an arrest orincident report, prepared by personnel of a law enforcement agency,inquiring into a crime or suspected crime, either in response to anincident report or in response to evidence developed by law enforcementofficers in the course of their duties.
2. Each law enforcement agency of this state, of any county, and ofany municipality shall maintain records of all incidents reported to theagency, investigations and arrests made by such law enforcement agency.All incident reports and arrest reports shall be open records.Notwithstanding any other provision of law other than the provisions ofsubsections 4, 5 and 6 of this section or section 320.083, RSMo,investigative reports of all law enforcement agencies are closed recordsuntil the investigation becomes inactive. If any person is arrested andnot charged with an offense against the law within thirty days of theperson's arrest, the arrest report shall thereafter be a closed recordexcept that the disposition portion of the record may be accessed andexcept as provided in section 610.120.
3. Except as provided in subsections 4, 5, 6 and 7 of this section,if any portion of a record or document of a law enforcement officer oragency, other than an arrest report, which would otherwise be open,contains information that is reasonably likely to pose a clear and presentdanger to the safety of any victim, witness, undercover officer, or otherperson; or jeopardize a criminal investigation, including records whichwould disclose the identity of a source wishing to remain confidential or asuspect not in custody; or which would disclose techniques, procedures orguidelines for law enforcement investigations or prosecutions, that portionof the record shall be closed and shall be redacted from any record madeavailable pursuant to this chapter.
4. Any person, including a family member of such person within thefirst degree of consanguinity if such person is deceased or incompetent,attorney for a person, or insurer of a person involved in any incident orwhose property is involved in an incident, may obtain any records closedpursuant to this section or section 610.150 for purposes of investigationof any civil claim or defense, as provided by this subsection. Anyindividual, his or her family member within the first degree ofconsanguinity if such individual is deceased or incompetent, his or herattorney or insurer, involved in an incident or whose property is involvedin an incident, upon written request, may obtain a complete unaltered andunedited incident report concerning the incident, and may obtain access toother records closed by a law enforcement agency pursuant to this section.Within thirty days of such request, the agency shall provide the requestedmaterial or file a motion pursuant to this subsection with the circuitcourt having jurisdiction over the law enforcement agency stating that thesafety of the victim, witness or other individual cannot be reasonablyensured, or that a criminal investigation is likely to be jeopardized. If,based on such motion, the court finds for the law enforcement agency, thecourt shall either order the record closed or order such portion of therecord that should be closed to be redacted from any record made availablepursuant to this subsection.
5. Any person may bring an action pursuant to this section in thecircuit court having jurisdiction to authorize disclosure of theinformation contained in an investigative report of any law enforcementagency, which would otherwise be closed pursuant to this section. Thecourt may order that all or part of the information contained in aninvestigative report be released to the person bringing the action. Inmaking the determination as to whether information contained in aninvestigative report shall be disclosed, the court shall consider whetherthe benefit to the person bringing the action or to the public outweighsany harm to the public, to the law enforcement agency or any of itsofficers, or to any person identified in the investigative report in regardto the need for law enforcement agencies to effectively investigate andprosecute criminal activity. The investigative report in question may beexamined by the court in camera. The court may find that the party seekingdisclosure of the investigative report shall bear the reasonable andnecessary costs and attorneys' fees of both parties, unless the court findsthat the decision of the law enforcement agency not to open theinvestigative report was substantially unjustified under all relevantcircumstances, and in that event, the court may assess such reasonable andnecessary costs and attorneys' fees to the law enforcement agency.
6. Any person may apply pursuant to this subsection to the circuitcourt having jurisdiction for an order requiring a law enforcement agencyto open incident reports and arrest reports being unlawfully closedpursuant to this section. If the court finds by a preponderance of theevidence that the law enforcement officer or agency has knowingly violatedthis section, the officer or agency shall be subject to a civil penalty inan amount up to one thousand dollars. If the court finds that there is aknowing violation of this section, the court may order payment by suchofficer or agency of all costs and attorneys' fees, as provided by section610.027. If the court finds by a preponderance of the evidence that thelaw enforcement officer or agency has purposely violated this section, theofficer or agency shall be subject to a civil penalty in an amount up tofive thousand dollars and the court shall order payment by such officer oragency of all costs and attorney fees, as provided in section 610.027. Thecourt shall determine the amount of the penalty by taking into account thesize of the jurisdiction, the seriousness of the offense, and whether thelaw enforcement officer or agency has violated this section previously.
7. The victim of an offense as provided in chapter 566, RSMo, mayrequest that his or her identity be kept confidential until a chargerelating to such incident is filed.
(1986) Application of this block of sections to records kept before September 28, 1973, does not violate constitutional ban on ex post facto or retrospective legislation contained in section 13 of Article I of the Missouri Constitution. Martin v. Schmalz, 713 S.W.2d 22 (Mo.App.).
(1993) Arrest records of venirepersons obtained by state did not violate statute which required such records to be closed to general public. Arrest records may be accessed for use in selecting jury. State v. Johnson, 858 S.W.2d 254 (Mo.App.E.D.).
(2005) License plate numbers, addresses, telephone numbers, and month and date of birth of the parties in vehicular incident reports are not subject to disclosure as open records, and the public governmental body may redact such information. State ex rel. Goodman v. St. Louis Board of Police Commissioners, 181 S.W.3d 156 (Mo.App.E.D.).
(2007) Department of Social Services does not have power to arrest and thus is not a "law enforcement agency" within meaning of section. Scroggins v. Department of Social Services, Children's Division, 227 S.W.3d 498 (Mo.App.W.D.).
Definitions--arrest and incident records shall be available topublic--closed records, when--record redacted, when--access toincident reports, record redacted, when--action for disclosure ofinvestigative report authorized, costs--application to open incidentand arrest reports, violations, civil penalty--identity of victimof sexual offense.
610.100. 1. As used in sections 610.100 to 610.150, the followingwords and phrases shall mean:
(1) "Arrest", an actual restraint of the person of the defendant, orby his or her submission to the custody of the officer, under authority ofa warrant or otherwise for a criminal violation which results in theissuance of a summons or the person being booked;
(2) "Arrest report", a record of a law enforcement agency of anarrest and of any detention or confinement incident thereto together withthe charge therefor;
(3) "Inactive", an investigation in which no further action will betaken by a law enforcement agency or officer for any of the followingreasons:
(a) A decision by the law enforcement agency not to pursue the case;
(b) Expiration of the time to file criminal charges pursuant to theapplicable statute of limitations, or ten years after the commission of theoffense; whichever date earliest occurs;
(c) Finality of the convictions of all persons convicted on the basisof the information contained in the investigative report, by exhaustion ofor expiration of all rights of appeal of such persons;
(4) "Incident report", a record of a law enforcement agencyconsisting of the date, time, specific location, name of the victim andimmediate facts and circumstances surrounding the initial report of a crimeor incident, including any logs of reported crimes, accidents andcomplaints maintained by that agency;
(5) "Investigative report", a record, other than an arrest orincident report, prepared by personnel of a law enforcement agency,inquiring into a crime or suspected crime, either in response to anincident report or in response to evidence developed by law enforcementofficers in the course of their duties.
2. Each law enforcement agency of this state, of any county, and ofany municipality shall maintain records of all incidents reported to theagency, investigations and arrests made by such law enforcement agency.All incident reports and arrest reports shall be open records.Notwithstanding any other provision of law other than the provisions ofsubsections 4, 5 and 6 of this section or section 320.083, RSMo,investigative reports of all law enforcement agencies are closed recordsuntil the investigation becomes inactive. If any person is arrested andnot charged with an offense against the law within thirty days of theperson's arrest, the arrest report shall thereafter be a closed recordexcept that the disposition portion of the record may be accessed andexcept as provided in section 610.120.
3. Except as provided in subsections 4, 5, 6 and 7 of this section,if any portion of a record or document of a law enforcement officer oragency, other than an arrest report, which would otherwise be open,contains information that is reasonably likely to pose a clear and presentdanger to the safety of any victim, witness, undercover officer, or otherperson; or jeopardize a criminal investigation, including records whichwould disclose the identity of a source wishing to remain confidential or asuspect not in custody; or which would disclose techniques, procedures orguidelines for law enforcement investigations or prosecutions, that portionof the record shall be closed and shall be redacted from any record madeavailable pursuant to this chapter.
4. Any person, including a family member of such person within thefirst degree of consanguinity if such person is deceased or incompetent,attorney for a person, or insurer of a person involved in any incident orwhose property is involved in an incident, may obtain any records closedpursuant to this section or section 610.150 for purposes of investigationof any civil claim or defense, as provided by this subsection. Anyindividual, his or her family member within the first degree ofconsanguinity if such individual is deceased or incompetent, his or herattorney or insurer, involved in an incident or whose property is involvedin an incident, upon written request, may obtain a complete unaltered andunedited incident report concerning the incident, and may obtain access toother records closed by a law enforcement agency pursuant to this section.Within thirty days of such request, the agency shall provide the requestedmaterial or file a motion pursuant to this subsection with the circuitcourt having jurisdiction over the law enforcement agency stating that thesafety of the victim, witness or other individual cannot be reasonablyensured, or that a criminal investigation is likely to be jeopardized. If,based on such motion, the court finds for the law enforcement agency, thecourt shall either order the record closed or order such portion of therecord that should be closed to be redacted from any record made availablepursuant to this subsection.
5. Any person may bring an action pursuant to this section in thecircuit court having jurisdiction to authorize disclosure of theinformation contained in an investigative report of any law enforcementagency, which would otherwise be closed pursuant to this section. Thecourt may order that all or part of the information contained in aninvestigative report be released to the person bringing the action. Inmaking the determination as to whether information contained in aninvestigative report shall be disclosed, the court shall consider whetherthe benefit to the person bringing the action or to the public outweighsany harm to the public, to the law enforcement agency or any of itsofficers, or to any person identified in the investigative report in regardto the need for law enforcement agencies to effectively investigate andprosecute criminal activity. The investigative report in question may beexamined by the court in camera. The court may find that the party seekingdisclosure of the investigative report shall bear the reasonable andnecessary costs and attorneys' fees of both parties, unless the court findsthat the decision of the law enforcement agency not to open theinvestigative report was substantially unjustified under all relevantcircumstances, and in that event, the court may assess such reasonable andnecessary costs and attorneys' fees to the law enforcement agency.
6. Any person may apply pursuant to this subsection to the circuitcourt having jurisdiction for an order requiring a law enforcement agencyto open incident reports and arrest reports being unlawfully closedpursuant to this section. If the court finds by a preponderance of theevidence that the law enforcement officer or agency has knowingly violatedthis section, the officer or agency shall be subject to a civil penalty inan amount up to one thousand dollars. If the court finds that there is aknowing violation of this section, the court may order payment by suchofficer or agency of all costs and attorneys' fees, as provided by section610.027. If the court finds by a preponderance of the evidence that thelaw enforcement officer or agency has purposely violated this section, theofficer or agency shall be subject to a civil penalty in an amount up tofive thousand dollars and the court shall order payment by such officer oragency of all costs and attorney fees, as provided in section 610.027. Thecourt shall determine the amount of the penalty by taking into account thesize of the jurisdiction, the seriousness of the offense, and whether thelaw enforcement officer or agency has violated this section previously.
7. The victim of an offense as provided in chapter 566, RSMo, mayrequest that his or her identity be kept confidential until a chargerelating to such incident is filed.
(1986) Application of this block of sections to records kept before September 28, 1973, does not violate constitutional ban on ex post facto or retrospective legislation contained in section 13 of Article I of the Missouri Constitution. Martin v. Schmalz, 713 S.W.2d 22 (Mo.App.).
(1993) Arrest records of venirepersons obtained by state did not violate statute which required such records to be closed to general public. Arrest records may be accessed for use in selecting jury. State v. Johnson, 858 S.W.2d 254 (Mo.App.E.D.).
(2005) License plate numbers, addresses, telephone numbers, and month and date of birth of the parties in vehicular incident reports are not subject to disclosure as open records, and the public governmental body may redact such information. State ex rel. Goodman v. St. Louis Board of Police Commissioners, 181 S.W.3d 156 (Mo.App.E.D.).
(2007) Department of Social Services does not have power to arrest and thus is not a "law enforcement agency" within meaning of section. Scroggins v. Department of Social Services, Children's Division, 227 S.W.3d 498 (Mo.App.W.D.).
