HOUSE BILL NO. 1633 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE OVERCAST.
4206H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To amend chapter 544, RSMo, by adding thereto one new section relating to public access to arrest warrant records.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 544, RSMo, is amended by adding thereto one new section, to be 2 known as section 544.075, to read as follows: 544.075. 1. As used in this section, the following terms mean: 2 (1) "Covered offense", includes the following: 3 (a) Any felony classified as a class A or class B felony under Missouri law; 4 (b) Any dangerous felony as defined in section 556.061; or 5 (c) Any offense under chapter 566 involving a victim under eighteen years of 6 age; 7 (2) "Public access system", any online or electronic case management system 8 operated or maintained by the Missouri judiciary or its designees. 9 2. Notwithstanding any other provision of law, any arrest warrant, probable 10 cause affidavit, or associated court record issued in connection with a covered offense 11 shall not be made available to the public through any public access system until: 12 (1) The warrant has been executed and the accused has been taken into custody; 13 or 14 (2) A prosecuting attorney files a written motion and the court, upon good cause 15 shown, determines that public disclosure of the warrant is necessary to protect public 16 safety or advance the administration of justice. 17 3. The provisions of subsection 2 of this section shall not apply to:
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1633 2
18 (1) Law enforcement officers, prosecuting attorneys, defense attorneys, or court 19 personnel engaged in the investigation, prosecution, or defense of a case; 20 (2) The accused or his or her attorney, upon execution of the warrant and 21 initiation of proceedings; 22 (3) The victim or victim's advocate; or 23 (4) Any person authorized by court order. 24 4. Nothing in this section shall be construed to limit the court's authority to: 25 (1) Issue protective orders safeguarding the identity of a victim; 26 (2) Seal additional portions of the record to prevent undue harm or 27 retraumatization of victims; or 28 (3) Release limited information necessary to aid in locating a fugitive, provided 29 the accused's rights are not prejudiced. 30 5. Court clerks, judges, and state or local officials shall not be held civilly or 31 criminally liable for restricting access to information in good faith compliance with this 32 section. 33 6. The office of state courts administrator shall promulgate rules and procedures 34 to ensure compliance with this section, including the implementation of technical 35 controls for the public access system. Any rule or portion of a rule, as that term is 36 defined in section 536.010, that is created under the authority delegated in this section 37 shall become effective only if it complies with and is subject to all of the provisions of 38 chapter 536 and, if applicable, section 536.028. This section and chapter 536 are 39 nonseverable and if any of the powers vested with the general assembly pursuant to 40 chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are 41 subsequently held unconstitutional, then the grant of rulemaking authority and any rule 42 proposed or adopted after August 28, 2026, shall be invalid and void. 43 7. The provisions of this section amend court operating rule 2.04 relating to 44 access to case records, and the provisions of this section shall govern if there is a conflict 45 between this section and court operating rule 2.04 as it relates to public access to arrest 46 warrant records. ✔
Statutes affected: