Felony convictions for certain offenses to have biological samplescollected, when--use of sample--highway patrol and department ofcorrections, duty--DNA records and biological materials to beclosed record, disclosure, when--expungement of record, when.
650.055. 1. Every individual, in a Missouri circuit court, whopleads guilty to or is found guilty of a felony or any offense underchapter 566, RSMo, or who is seventeen years of age or older and who isarrested for burglary in the first degree under section 569.160, RSMo, orburglary in the second degree under section 569.170, RSMo, or a felonyoffense under chapters 565, 566, 567, 568, or 573, RSMo, or has beendetermined to be a sexually violent predator pursuant to sections 632.480to 632.513, RSMo, or is an individual required to register as a sexualoffender under sections 589.400 to 589.425, RSMo, shall have a fingerprintand blood or scientifically accepted biological sample collected forpurposes of DNA profiling analysis:
(1) Upon booking at a county jail or detention facility; or
(2) Upon entering or before release from the department ofcorrections reception and diagnostic centers; or
(3) Upon entering or before release from a county jail or detentionfacility, state correctional facility, or any other detention facility orinstitution, whether operated by private, local, or state agency, or anymental health facility if committed as a sexually violent predator pursuantto sections 632.480 to 632.513, RSMo; or
(4) When the state accepts a person from another state under anyinterstate compact, or under any other reciprocal agreement with anycounty, state, or federal agency, or any other provision of law, whether ornot the person is confined or released, the acceptance is conditional onthe person providing a DNA sample if the person was convicted of, pleadedguilty to, or pleaded nolo contendere to an offense in any otherjurisdiction which would be considered a qualifying offense as defined inthis section if committed in this state, or if the person was convicted of,pleaded guilty to, or pleaded nolo contendere to any equivalent offense inany other jurisdiction; or
(5) If such individual is under the jurisdiction of the department ofcorrections. Such jurisdiction includes persons currently incarcerated,persons on probation, as defined in section 217.650, RSMo, and on parole,as also defined in section 217.650, RSMo.
2. The Missouri state highway patrol and department of correctionsshall be responsible for ensuring adherence to the law. Any personrequired to provide a DNA sample pursuant to this section shall be requiredto provide such sample, without the right of refusal, at a collection sitedesignated by the Missouri state highway patrol and the department ofcorrections. Authorized personnel collecting or assisting in thecollection of samples shall not be liable in any civil or criminal actionwhen the act is performed in a reasonable manner. Such force may be usedas necessary to the effectual carrying out and application of suchprocesses and operations. The enforcement of these provisions by theauthorities in charge of state correctional institutions and others havingcustody or jurisdiction over those who have been arrested for, convictedof, pleaded guilty to, or pleaded nolo contendere to felony offenses whichshall not be set aside or reversed is hereby made mandatory. The board ofprobation or parole shall recommend that an individual who refuses toprovide a DNA sample have his or her probation or parole revoked. In theevent that a person's DNA sample is not adequate for any reason, the personshall provide another sample for analysis.
3. The procedure and rules for the collection, analysis, storage,expungement, use of DNA database records and privacy concerns shall notconflict with procedures and rules applicable to the Missouri DNA profilingsystem and the Federal Bureau of Investigation's DNA databank system.
4. Unauthorized uses or dissemination of individually identifiableDNA information in a database for purposes other than criminal justice orlaw enforcement is a class A misdemeanor.
5. Implementation of sections 650.050 to 650.100 shall be subject tofuture appropriations to keep Missouri's DNA system compatible with theFederal Bureau of Investigation's DNA databank system.
6. All DNA records and biological materials retained in the DNAprofiling system are considered closed records pursuant to chapter 610,RSMo. All records containing any information held or maintained by anyperson or by any agency, department, or political subdivision of the stateconcerning an individual's DNA profile shall be strictly confidential andshall not be disclosed, except to:
(1) Peace officers, as defined in section 590.010, RSMo, and otheremployees of law enforcement agencies who need to obtain such records toperform their public duties;
(2) The attorney general or any assistant attorneys general acting onhis or her behalf, as defined in chapter 27, RSMo;
(3) Prosecuting attorneys or circuit attorneys as defined in chapter56, RSMo, and their employees who need to obtain such records to performtheir public duties;
(4) The individual whose DNA sample has been collected, or his or herattorney; or
(5) Associate circuit judges, circuit judges, judges of the courts ofappeals, supreme court judges, and their employees who need to obtain suchrecords to perform their public duties.
7. Any person who obtains records pursuant to the provisions of thissection shall use such records only for investigative and prosecutorialpurposes, including but not limited to use at any criminal trial, hearing,or proceeding; or for law enforcement identification purposes, includingidentification of human remains. Such records shall be considered strictlyconfidential and shall only be released as authorized by this section.
8. Within ninety days of warrant refusal, the arresting agency shallnotify the Missouri state highway patrol crime laboratory which shallexpunge all DNA records taken at the arrest for which the warrant wasrefused in the database pertaining to the person and destroy the DNA sampleof the person, unless the Missouri state highway patrol determines that theperson is otherwise obligated to submit a DNA sample. An individual mayrequest expungement of his or her DNA sample and DNA profile through thecourt issuing the reversal or dismissal. A certified copy of the courtorder establishing that such conviction has been reversed or guilty plea orplea of nolo contendere has been set aside shall be sent to the Missouristate highway patrol crime laboratory. Upon receipt of the court order,the laboratory will determine that the requesting individual has no otherqualifying offense as a result of any separate plea or conviction prior toexpungement.
(1) A person whose DNA record or DNA profile has been included in thestate DNA database in accordance with this section, section 488.5050, RSMo,and sections 650.050, 650.052, and 650.100 may request expungement on thegrounds that the conviction has been reversed, or the guilty plea or pleaof nolo contendere on which the authority for including that person's DNArecord or DNA profile was based has been set aside.
(2) Upon receipt of a written request for expungement, a certifiedcopy of the final court order reversing the conviction or setting aside theplea and any other information necessary to ascertain the validity of therequest, the Missouri state highway patrol crime laboratory shall expungeall DNA records and identifiable information in the database pertaining tothe person and destroy the DNA sample of the person, unless the Missouristate highway patrol determines that the person is otherwise obligated tosubmit a DNA sample. Within thirty days after the receipt of the courtorder, the Missouri state highway patrol shall notify the individual thatit has expunged his or her DNA sample and DNA profile, or the basis for itsdetermination that the person is otherwise obligated to submit a DNAsample.
(3) The Missouri state highway patrol is not required to destroy anyitem of physical evidence obtained from a DNA sample if evidence relatingto another person would thereby be destroyed.
(4) Any identification, warrant, arrest, or evidentiary use of a DNAmatch derived from the database shall not be excluded or suppressed fromevidence, nor shall any conviction be invalidated or reversed or plea setaside due to the failure to expunge or a delay in expunging DNA records.
9. When a DNA sample is taken of an arrestee for any offense listedunder subsection 1 of this section and charges are filed:
(1) If the charges are later withdrawn, the prosecutor shall notifythe state highway patrol crime laboratory that such charges have beenwithdrawn;
(2) If the case is dismissed, the court shall notify the statehighway patrol crime laboratory of such dismissal;
(3) If the court finds at the preliminary hearing that there is noprobable cause that the defendant committed the offense, the court shallnotify the state highway patrol crime laboratory of such finding;
(4) If the defendant is found not guilty, the court shall notify thestate highway patrol crime laboratory of such verdict.
If the state highway patrol crime laboratory receives notice under thissubsection that the charges have been withdrawn, the case has beendismissed, there is a finding that the necessary probable cause does notexist, or the defendant is found not guilty, such crime laboratory shallexpunge the DNA sample and DNA profile of the arrestee within thirty days.Prior to such expungement, the state highway patrol crime laboratory shalldetermine whether the individual has any other qualifying offenses orarrests that would require a DNA sample to be taken and retained prior toexpungement under this subsection.
Felony convictions for certain offenses to have biological samplescollected, when--use of sample--highway patrol and department ofcorrections, duty--DNA records and biological materials to beclosed record, disclosure, when--expungement of record, when.
650.055. 1. Every individual, in a Missouri circuit court, whopleads guilty to or is found guilty of a felony or any offense underchapter 566, RSMo, or who is seventeen years of age or older and who isarrested for burglary in the first degree under section 569.160, RSMo, orburglary in the second degree under section 569.170, RSMo, or a felonyoffense under chapters 565, 566, 567, 568, or 573, RSMo, or has beendetermined to be a sexually violent predator pursuant to sections 632.480to 632.513, RSMo, or is an individual required to register as a sexualoffender under sections 589.400 to 589.425, RSMo, shall have a fingerprintand blood or scientifically accepted biological sample collected forpurposes of DNA profiling analysis:
(1) Upon booking at a county jail or detention facility; or
(2) Upon entering or before release from the department ofcorrections reception and diagnostic centers; or
(3) Upon entering or before release from a county jail or detentionfacility, state correctional facility, or any other detention facility orinstitution, whether operated by private, local, or state agency, or anymental health facility if committed as a sexually violent predator pursuantto sections 632.480 to 632.513, RSMo; or
(4) When the state accepts a person from another state under anyinterstate compact, or under any other reciprocal agreement with anycounty, state, or federal agency, or any other provision of law, whether ornot the person is confined or released, the acceptance is conditional onthe person providing a DNA sample if the person was convicted of, pleadedguilty to, or pleaded nolo contendere to an offense in any otherjurisdiction which would be considered a qualifying offense as defined inthis section if committed in this state, or if the person was convicted of,pleaded guilty to, or pleaded nolo contendere to any equivalent offense inany other jurisdiction; or
(5) If such individual is under the jurisdiction of the department ofcorrections. Such jurisdiction includes persons currently incarcerated,persons on probation, as defined in section 217.650, RSMo, and on parole,as also defined in section 217.650, RSMo.
2. The Missouri state highway patrol and department of correctionsshall be responsible for ensuring adherence to the law. Any personrequired to provide a DNA sample pursuant to this section shall be requiredto provide such sample, without the right of refusal, at a collection sitedesignated by the Missouri state highway patrol and the department ofcorrections. Authorized personnel collecting or assisting in thecollection of samples shall not be liable in any civil or criminal actionwhen the act is performed in a reasonable manner. Such force may be usedas necessary to the effectual carrying out and application of suchprocesses and operations. The enforcement of these provisions by theauthorities in charge of state correctional institutions and others havingcustody or jurisdiction over those who have been arrested for, convictedof, pleaded guilty to, or pleaded nolo contendere to felony offenses whichshall not be set aside or reversed is hereby made mandatory. The board ofprobation or parole shall recommend that an individual who refuses toprovide a DNA sample have his or her probation or parole revoked. In theevent that a person's DNA sample is not adequate for any reason, the personshall provide another sample for analysis.
3. The procedure and rules for the collection, analysis, storage,expungement, use of DNA database records and privacy concerns shall notconflict with procedures and rules applicable to the Missouri DNA profilingsystem and the Federal Bureau of Investigation's DNA databank system.
4. Unauthorized uses or dissemination of individually identifiableDNA information in a database for purposes other than criminal justice orlaw enforcement is a class A misdemeanor.
5. Implementation of sections 650.050 to 650.100 shall be subject tofuture appropriations to keep Missouri's DNA system compatible with theFederal Bureau of Investigation's DNA databank system.
6. All DNA records and biological materials retained in the DNAprofiling system are considered closed records pursuant to chapter 610,RSMo. All records containing any information held or maintained by anyperson or by any agency, department, or political subdivision of the stateconcerning an individual's DNA profile shall be strictly confidential andshall not be disclosed, except to:
(1) Peace officers, as defined in section 590.010, RSMo, and otheremployees of law enforcement agencies who need to obtain such records toperform their public duties;
(2) The attorney general or any assistant attorneys general acting onhis or her behalf, as defined in chapter 27, RSMo;
(3) Prosecuting attorneys or circuit attorneys as defined in chapter56, RSMo, and their employees who need to obtain such records to performtheir public duties;
(4) The individual whose DNA sample has been collected, or his or herattorney; or
(5) Associate circuit judges, circuit judges, judges of the courts ofappeals, supreme court judges, and their employees who need to obtain suchrecords to perform their public duties.
7. Any person who obtains records pursuant to the provisions of thissection shall use such records only for investigative and prosecutorialpurposes, including but not limited to use at any criminal trial, hearing,or proceeding; or for law enforcement identification purposes, includingidentification of human remains. Such records shall be considered strictlyconfidential and shall only be released as authorized by this section.
8. Within ninety days of warrant refusal, the arresting agency shallnotify the Missouri state highway patrol crime laboratory which shallexpunge all DNA records taken at the arrest for which the warrant wasrefused in the database pertaining to the person and destroy the DNA sampleof the person, unless the Missouri state highway patrol determines that theperson is otherwise obligated to submit a DNA sample. An individual mayrequest expungement of his or her DNA sample and DNA profile through thecourt issuing the reversal or dismissal. A certified copy of the courtorder establishing that such conviction has been reversed or guilty plea orplea of nolo contendere has been set aside shall be sent to the Missouristate highway patrol crime laboratory. Upon receipt of the court order,the laboratory will determine that the requesting individual has no otherqualifying offense as a result of any separate plea or conviction prior toexpungement.
(1) A person whose DNA record or DNA profile has been included in thestate DNA database in accordance with this section, section 488.5050, RSMo,and sections 650.050, 650.052, and 650.100 may request expungement on thegrounds that the conviction has been reversed, or the guilty plea or pleaof nolo contendere on which the authority for including that person's DNArecord or DNA profile was based has been set aside.
(2) Upon receipt of a written request for expungement, a certifiedcopy of the final court order reversing the conviction or setting aside theplea and any other information necessary to ascertain the validity of therequest, the Missouri state highway patrol crime laboratory shall expungeall DNA records and identifiable information in the database pertaining tothe person and destroy the DNA sample of the person, unless the Missouristate highway patrol determines that the person is otherwise obligated tosubmit a DNA sample. Within thirty days after the receipt of the courtorder, the Missouri state highway patrol shall notify the individual thatit has expunged his or her DNA sample and DNA profile, or the basis for itsdetermination that the person is otherwise obligated to submit a DNAsample.
(3) The Missouri state highway patrol is not required to destroy anyitem of physical evidence obtained from a DNA sample if evidence relatingto another person would thereby be destroyed.
(4) Any identification, warrant, arrest, or evidentiary use of a DNAmatch derived from the database shall not be excluded or suppressed fromevidence, nor shall any conviction be invalidated or reversed or plea setaside due to the failure to expunge or a delay in expunging DNA records.
9. When a DNA sample is taken of an arrestee for any offense listedunder subsection 1 of this section and charges are filed:
(1) If the charges are later withdrawn, the prosecutor shall notifythe state highway patrol crime laboratory that such charges have beenwithdrawn;
(2) If the case is dismissed, the court shall notify the statehighway patrol crime laboratory of such dismissal;
(3) If the court finds at the preliminary hearing that there is noprobable cause that the defendant committed the offense, the court shallnotify the state highway patrol crime laboratory of such finding;
(4) If the defendant is found not guilty, the court shall notify thestate highway patrol crime laboratory of such verdict.
If the state highway patrol crime laboratory receives notice under thissubsection that the charges have been withdrawn, the case has beendismissed, there is a finding that the necessary probable cause does notexist, or the defendant is found not guilty, such crime laboratory shallexpunge the DNA sample and DNA profile of the arrestee within thirty days.Prior to such expungement, the state highway patrol crime laboratory shalldetermine whether the individual has any other qualifying offenses orarrests that would require a DNA sample to be taken and retained prior toexpungement under this subsection.
Felony convictions for certain offenses to have biological samplescollected, when--use of sample--highway patrol and department ofcorrections, duty--DNA records and biological materials to beclosed record, disclosure, when--expungement of record, when.
650.055. 1. Every individual, in a Missouri circuit court, whopleads guilty to or is found guilty of a felony or any offense underchapter 566, RSMo, or who is seventeen years of age or older and who isarrested for burglary in the first degree under section 569.160, RSMo, orburglary in the second degree under section 569.170, RSMo, or a felonyoffense under chapters 565, 566, 567, 568, or 573, RSMo, or has beendetermined to be a sexually violent predator pursuant to sections 632.480to 632.513, RSMo, or is an individual required to register as a sexualoffender under sections 589.400 to 589.425, RSMo, shall have a fingerprintand blood or scientifically accepted biological sample collected forpurposes of DNA profiling analysis:
(1) Upon booking at a county jail or detention facility; or
(2) Upon entering or before release from the department ofcorrections reception and diagnostic centers; or
(3) Upon entering or before release from a county jail or detentionfacility, state correctional facility, or any other detention facility orinstitution, whether operated by private, local, or state agency, or anymental health facility if committed as a sexually violent predator pursuantto sections 632.480 to 632.513, RSMo; or
(4) When the state accepts a person from another state under anyinterstate compact, or under any other reciprocal agreement with anycounty, state, or federal agency, or any other provision of law, whether ornot the person is confined or released, the acceptance is conditional onthe person providing a DNA sample if the person was convicted of, pleadedguilty to, or pleaded nolo contendere to an offense in any otherjurisdiction which would be considered a qualifying offense as defined inthis section if committed in this state, or if the person was convicted of,pleaded guilty to, or pleaded nolo contendere to any equivalent offense inany other jurisdiction; or
(5) If such individual is under the jurisdiction of the department ofcorrections. Such jurisdiction includes persons currently incarcerated,persons on probation, as defined in section 217.650, RSMo, and on parole,as also defined in section 217.650, RSMo.
2. The Missouri state highway patrol and department of correctionsshall be responsible for ensuring adherence to the law. Any personrequired to provide a DNA sample pursuant to this section shall be requiredto provide such sample, without the right of refusal, at a collection sitedesignated by the Missouri state highway patrol and the department ofcorrections. Authorized personnel collecting or assisting in thecollection of samples shall not be liable in any civil or criminal actionwhen the act is performed in a reasonable manner. Such force may be usedas necessary to the effectual carrying out and application of suchprocesses and operations. The enforcement of these provisions by theauthorities in charge of state correctional institutions and others havingcustody or jurisdiction over those who have been arrested for, convictedof, pleaded guilty to, or pleaded nolo contendere to felony offenses whichshall not be set aside or reversed is hereby made mandatory. The board ofprobation or parole shall recommend that an individual who refuses toprovide a DNA sample have his or her probation or parole revoked. In theevent that a person's DNA sample is not adequate for any reason, the personshall provide another sample for analysis.
3. The procedure and rules for the collection, analysis, storage,expungement, use of DNA database records and privacy concerns shall notconflict with procedures and rules applicable to the Missouri DNA profilingsystem and the Federal Bureau of Investigation's DNA databank system.
4. Unauthorized uses or dissemination of individually identifiableDNA information in a database for purposes other than criminal justice orlaw enforcement is a class A misdemeanor.
5. Implementation of sections 650.050 to 650.100 shall be subject tofuture appropriations to keep Missouri's DNA system compatible with theFederal Bureau of Investigation's DNA databank system.
6. All DNA records and biological materials retained in the DNAprofiling system are considered closed records pursuant to chapter 610,RSMo. All records containing any information held or maintained by anyperson or by any agency, department, or political subdivision of the stateconcerning an individual's DNA profile shall be strictly confidential andshall not be disclosed, except to:
(1) Peace officers, as defined in section 590.010, RSMo, and otheremployees of law enforcement agencies who need to obtain such records toperform their public duties;
(2) The attorney general or any assistant attorneys general acting onhis or her behalf, as defined in chapter 27, RSMo;
(3) Prosecuting attorneys or circuit attorneys as defined in chapter56, RSMo, and their employees who need to obtain such records to performtheir public duties;
(4) The individual whose DNA sample has been collected, or his or herattorney; or
(5) Associate circuit judges, circuit judges, judges of the courts ofappeals, supreme court judges, and their employees who need to obtain suchrecords to perform their public duties.
7. Any person who obtains records pursuant to the provisions of thissection shall use such records only for investigative and prosecutorialpurposes, including but not limited to use at any criminal trial, hearing,or proceeding; or for law enforcement identification purposes, includingidentification of human remains. Such records shall be considered strictlyconfidential and shall only be released as authorized by this section.
8. Within ninety days of warrant refusal, the arresting agency shallnotify the Missouri state highway patrol crime laboratory which shallexpunge all DNA records taken at the arrest for which the warrant wasrefused in the database pertaining to the person and destroy the DNA sampleof the person, unless the Missouri state highway patrol determines that theperson is otherwise obligated to submit a DNA sample. An individual mayrequest expungement of his or her DNA sample and DNA profile through thecourt issuing the reversal or dismissal. A certified copy of the courtorder establishing that such conviction has been reversed or guilty plea orplea of nolo contendere has been set aside shall be sent to the Missouristate highway patrol crime laboratory. Upon receipt of the court order,the laboratory will determine that the requesting individual has no otherqualifying offense as a result of any separate plea or conviction prior toexpungement.
(1) A person whose DNA record or DNA profile has been included in thestate DNA database in accordance with this section, section 488.5050, RSMo,and sections 650.050, 650.052, and 650.100 may request expungement on thegrounds that the conviction has been reversed, or the guilty plea or pleaof nolo contendere on which the authority for including that person's DNArecord or DNA profile was based has been set aside.
(2) Upon receipt of a written request for expungement, a certifiedcopy of the final court order reversing the conviction or setting aside theplea and any other information necessary to ascertain the validity of therequest, the Missouri state highway patrol crime laboratory shall expungeall DNA records and identifiable information in the database pertaining tothe person and destroy the DNA sample of the person, unless the Missouristate highway patrol determines that the person is otherwise obligated tosubmit a DNA sample. Within thirty days after the receipt of the courtorder, the Missouri state highway patrol shall notify the individual thatit has expunged his or her DNA sample and DNA profile, or the basis for itsdetermination that the person is otherwise obligated to submit a DNAsample.
(3) The Missouri state highway patrol is not required to destroy anyitem of physical evidence obtained from a DNA sample if evidence relatingto another person would thereby be destroyed.
(4) Any identification, warrant, arrest, or evidentiary use of a DNAmatch derived from the database shall not be excluded or suppressed fromevidence, nor shall any conviction be invalidated or reversed or plea setaside due to the failure to expunge or a delay in expunging DNA records.
9. When a DNA sample is taken of an arrestee for any offense listedunder subsection 1 of this section and charges are filed:
(1) If the charges are later withdrawn, the prosecutor shall notifythe state highway patrol crime laboratory that such charges have beenwithdrawn;
(2) If the case is dismissed, the court shall notify the statehighway patrol crime laboratory of such dismissal;
(3) If the court finds at the preliminary hearing that there is noprobable cause that the defendant committed the offense, the court shallnotify the state highway patrol crime laboratory of such finding;
(4) If the defendant is found not guilty, the court shall notify thestate highway patrol crime laboratory of such verdict.
If the state highway patrol crime laboratory receives notice under thissubsection that the charges have been withdrawn, the case has beendismissed, there is a finding that the necessary probable cause does notexist, or the defendant is found not guilty, such crime laboratory shallexpunge the DNA sample and DNA profile of the arrestee within thirty days.Prior to such expungement, the state highway patrol crime laboratory shalldetermine whether the individual has any other qualifying offenses orarrests that would require a DNA sample to be taken and retained prior toexpungement under this subsection.
