HOUSE BILL NO. 1971 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE COOK.
3971H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 559.125, RSMo, and to enact in lieu thereof one new section relating to privileged information.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 559.125, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 559.125, to read as follows: 559.125. 1. The clerk of the court shall keep in a permanent file all applications for 2 probation or parole by the court, and shall keep in such manner as may be prescribed by the 3 court complete and full records of all presentence investigations requested, probations or 4 paroles granted, revoked or terminated and all discharges from probations or paroles. All 5 court orders relating to any presentence investigation requested and probation or parole 6 granted under the provisions of this chapter and sections 558.011 and 558.026 shall be kept in 7 a like manner, and, if the defendant subject to any such order is subject to an investigation or 8 is under the supervision of the division of probation and parole, a copy of the order shall be 9 sent to the division of probation and parole. In any county where a parole board ceases to 10 exist, the clerk of the court shall preserve the records of that parole board. 11 2. Information and data obtained by a probation or parole officer shall be privileged 12 information and shall not be receivable in any court. Such information shall not be disclosed 13 directly or indirectly to anyone other than the members of a parole board and the judge 14 entitled to receive reports, except the court, the division of probation and parole, or the parole 15 board may in its discretion permit the inspection of the report, or parts of such report, by the 16 defendant, or offender or his or her attorney, or other person having a proper interest therein.
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 1971 2
17 Information and data obtained by a probation or parole officer is privileged 18 information not receivable in any court unless for lawful criminal matters. 19 3. The provisions of subsection 2 of this section notwithstanding, the presentence 20 investigation report shall be made available to the state and all information and data obtained 21 in connection with preparation of the presentence investigation report may be made available 22 to the state at the discretion of the court upon a showing that the receipt of the information 23 and data is in the best interest of the state. ✔
Statutes affected: