HOUSE BILL NO. 2747 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE DAVIDSON.
4181H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 565.030, RSMo, and to enact in lieu thereof five new sections relating to proceedings resulting from criminal conduct.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 565.030, RSMo, is repealed and five new sections enacted in lieu 2 thereof, to be known as sections 476.411, 565.030, 610.141, 610.143, and 610.144, to read as 3 follows: 476.411. 1. Beginning January 1, 2031, and each year thereafter, the office of 2 state courts administrator shall submit a report to the joint committee on the justice 3 system, the house judiciary committee or any successor committee, and the senate 4 judiciary and civil and criminal jurisprudence committee or any successor committee 5 providing statistical information for the prior year, arranged by judicial circuit and 6 county, of: 7 (1) The number of clean slate eligible offenses as defined under section 610.141 8 identified by the office of state courts administrator under subsection 2 of section 9 610.141 and transmitted to the courts; 10 (2) The number of identified clean slate eligible offenses to which a prosecuting 11 attorney filed an objection under subsection 3 of section 610.141; 12 (3) The number of records transmitted from the Missouri state highway patrol, a 13 prosecuting agency, or a circuit court back to the office of state courts administrator on 14 objection that the record is not eligible for automated expungement or by judicial 15 circuit, with data aggregated by race, sex, age, county, and offense type and level; and 16 (4) The number of orders of expungement issued under section 610.141.
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 2747 2
17 18 The data shall be aggregated by race, sex, age, circuit, county, and offense type and level 19 if such data is available. 20 2. The provisions of this section shall become effective upon the implementation 21 of automated expungement technology. As used in this section, "automated 22 expungement" has the same meaning as such term is defined in section 610.141. 565.030. 1. Where murder in the first degree is charged but not submitted or where 2 the state waives the death penalty, the submission to the trier and all subsequent proceedings 3 in the case shall proceed as in all other criminal cases. 4 2. Where murder in the first degree is submitted to the trier without a waiver of the 5 death penalty, the trial shall proceed in two stages before the same trier. At the first stage the 6 trier shall decide only whether the defendant is guilty or not guilty of any submitted offense. 7 The issue of punishment shall not be submitted to the trier at the first stage. If an offense is 8 charged other than murder in the first degree in a count together with a count of murder in the 9 first degree, the trial judge shall assess punishment on any such offense according to law, after 10 the defendant is found guilty of such offense and after he finds the defendant to be a prior 11 offender pursuant to chapter 558. 12 3. If murder in the first degree is submitted and the death penalty was not waived but 13 the trier finds the defendant guilty of a lesser homicide, a second stage of the trial shall 14 proceed as in all other criminal cases. The attorneys may then argue as in other criminal cases 15 the issue of punishment, after which the trier shall assess and declare the punishment as in all 16 other criminal cases. 17 4. If the trier at the first stage of a trial where the death penalty was not waived finds 18 the defendant guilty of murder in the first degree, a second stage of the trial shall proceed at 19 which the only issue shall be the punishment to be assessed and declared. Evidence in 20 aggravation and mitigation of punishment, including but not limited to evidence supporting 21 any of the aggravating or mitigating circumstances listed in subsection 2 or 3 of section 22 565.032, may be presented subject to the rules of evidence at criminal trials. Such evidence 23 may include, within the discretion of the court, evidence concerning the murder victim and 24 the impact of the offense upon the family of the victim and others. Rebuttal and surrebuttal 25 evidence may be presented. The state shall be the first to proceed. If the trier is a jury it shall 26 be instructed on the law. The attorneys may then argue the issue of punishment to the jury, 27 and the state shall have the right to open and close the argument. The trier shall assess and 28 declare the punishment at life imprisonment without eligibility for probation, parole, or 29 release except by act of the governor: 30 (1) If the trier finds by a preponderance of the evidence that the defendant is 31 intellectually disabled; or HB 2747 3
32 (2) If the trier does not find beyond a reasonable doubt at least one of the statutory 33 aggravating circumstances set out in subsection 2 of section 565.032; or 34 (3) If the trier [concludes that there is evidence in mitigation of punishment, including 35 but not limited to evidence supporting the statutory mitigating circumstances listed in 36 subsection 3 of section 565.032, which is sufficient to outweigh the evidence in aggravation 37 of punishment found by the trier] does not determine by unanimous vote that the 38 aggravating circumstance or circumstances previously found outweigh the mitigating 39 circumstance or circumstances including, but not limited to, those mitigating 40 circumstances set out in subsection 3 of section 565.032; or 41 (4) If the trier decides under all of the circumstances not to assess and declare the 42 punishment at death. If the trier is a jury it shall be so instructed. 43 44 If the trier assesses and declares the punishment at death it shall, in its findings or verdict, set 45 out in writing the aggravating circumstance or circumstances listed in subsection 2 of section 46 565.032 which it found beyond a reasonable doubt. If the trier is a jury it shall be instructed 47 before the case is submitted that if it is unable to decide or agree upon the punishment the 48 court shall assess and declare the punishment at life imprisonment without eligibility for 49 probation, parole, or release except by act of the governor [or death. The court shall follow 50 the same procedure as set out in this section whenever it is required to determine punishment 51 for murder in the first degree]. 52 5. Upon written agreement of the parties and with leave of the court, the issue of the 53 defendant's intellectual disability may be taken up by the court and decided prior to trial 54 without prejudicing the defendant's right to have the issue submitted to the trier of fact as 55 provided in subsection 4 of this section. 56 6. As used in this section, the terms "intellectual disability" or "intellectually 57 disabled" refer to a condition involving substantial limitations in general functioning 58 characterized by significantly subaverage intellectual functioning with continual extensive 59 related deficits and limitations in two or more adaptive behaviors such as communication, 60 self-care, home living, social skills, community use, self-direction, health and safety, 61 functional academics, leisure and work, which conditions are manifested and documented 62 before eighteen years of age. 63 7. The provisions of this section shall only govern offenses committed on or after 64 August 28, 2001. 610.141. 1. As used in this section, section 610.140, and sections 610.143 and 2 610.144, unless the context otherwise indicates, the following terms mean: 3 (1) "Automated expungement", technology-assisted, state-initiated bulk closing 4 of records in the manner established under section 610.120; HB 2747 4
5 (2) "Central repository", the Missouri state highway patrol central repository 6 for compiling and disseminating complete and accurate criminal history records; 7 (3) "Clean slate eligible offense", a misdemeanor or felony not listed under 8 subsection 3 of section 610.140 for which an electronic record exists in the statewide 9 court automation case management system; 10 (4) "Close" or "closed", to make records inaccessible to the general public and 11 to all individuals other than the defendant, except as provided under section 610.120 12 and chapter 43; 13 (5) "Expunge" or "expunged", to close a record in the manner established under 14 section 610.120, except the provisions of subsection 2 of section 610.120 that require 15 documents to be retyped and rewritten, or blacked out and recopied, if an agency 16 determines that these provisions are not feasible in relation to automated expungement; 17 (6) "Final disposition", the date the person has completed his or her 18 incarceration, probation, or parole; 19 (7) "Petitioner", a person who has petitioned the court to have his or her 20 conviction or convictions expunged or a person whose conviction or convictions have 21 been automatically expunged under this section. 22 2. (1) Subject to the provisions in subdivision (2) of subsection 3 of this section, 23 all electronic records and files maintained in the statewide court automation case 24 management system pertaining to clean slate eligible offenses shall be closed in the 25 manner established under section 610.120 without the filing of a petition under section 26 610.140 in the following cases, subject to the limitations contained in subdivisions (2), 27 (3), and (4) of this subsection: 28 (a) For cases in which the imposition of sentence has been suspended, if an 29 individual has successfully completed probation, so long as one year has passed since 30 final disposition and the individual has not committed any felony or misdemeanor 31 criminal offense in Missouri during that time; 32 (b) For misdemeanors, if one year has passed since final disposition and the 33 individual has not committed any felony or misdemeanor criminal offense in Missouri 34 during that time; 35 (c) For felony offenses, if three years have passed since final disposition and the 36 individual has not committed any felony or misdemeanor criminal offense in Missouri 37 during that time; 38 (d) For all of an individual's offenses, if the individual has attained sixty-five 39 years of age and has not been convicted of any misdemeanors or felonies in Missouri 40 other than a technical violation of the terms of his or her probation or parole in the ten 41 immediately preceding years; or HB 2747 5
42 (e) All offenses for which the governor of Missouri has granted a full pardon. 43 (2) Records pertaining to juvenile adjudications or offenses involving the 44 operation of a motor vehicle are not eligible for automated expungement. 45 (3) No offense shall be eligible for automated expungement if a person has 46 charges pending that have been filed in a Missouri state court for which an individual 47 has not yet been sentenced during the period of review for clean slate eligibility as 48 described in subsection 3 of this section. 49 (4) (a) An individual may be granted more than one expungement under this 50 section, except that during his or her lifetime the total number of offenses for which 51 expungement can be granted to the individual under this section or section 610.140 shall 52 not exceed the following limits: 53 a. No more than two felony offenses; and 54 b. No more than three misdemeanor offenses. 55 (b) If an individual's electronic record contains more felonies or misdemeanors 56 than can be expunged during the individual's lifetime under paragraph (a) of this 57 subdivision, the individual shall not be eligible for automated expungement under this 58 section. 59 (c) For purposes of determining lifetime limits on expungement under this 60 section and section 610.140: 61 a. If the offenses were charged as counts in the same case, all such offenses and 62 violations shall count as only the highest-level offense in that case for purposes of 63 determining lifetime limits on expungement under this section and section 610.140. 64 However, if one or more counts in the same indictment or information or conduct 65 committed were a part of the same course of criminal conduct as an offense listed in 66 subsection 3 of section 610.140, the entire record shall not be expunged under this 67 section; 68 b. If the offenses were committed by an individual who has attained sixty-five 69 years of age and has not been convicted of any misdemeanors or felonies in the 70 immediate ten preceding years in Missouri, all clean slate eligible offenses shall be 71 expunged; and 72 c. Only convictions contained within the statewide court automation case 73 management system shall be considered when determining eligibility under this section. 74 (d) The court shall maintain records to ensure that a person has not exceeded the 75 limitations provided under this subsection. Nothing in this section shall be construed to 76 limit or impair the subsequent use of any record maintained by the court for the 77 purpose of any law enforcement or prosecutorial investigation or activity, including any 78 arrest or findings of guilt expunged under this section by a law enforcement agency, HB 2747 6
79 criminal justice agency, prosecuting attorney, circuit attorney, or municipal prosecuting 80 attorney, including its use as a prior offense in a subsequent criminal or civil 81 investigation or prosecution. 82 3. (1) Beginning August 28, 2029, on a quarterly basis, the office of state courts 83 administrator shall identify records that have become eligible in the last quarter and 84 transmit, or otherwise make accessible by electronic means, to the central repository 85 and every prosecuting agency in the state all clean slate eligible offense records within 86 one hundred days of the record becoming eligible for automated expungement. 87 (2) All electronic records in the statewide court automation case management 88 system that become eligible for automated expungement on or after August 28, 2026, 89 but before August 29, 2029, shall be identified and expunged before August 28, 2031, in 90 a cadence to be determined by the office of state courts administrator. 91 (3) Delinquent court costs, fines, fees, or other sums ordered by a court, except 92 restitution owed to a victim of a crime, shall not be considered by the office of state 93 courts administrator when determining eligibility of a record for automated 94 expungement under subsection 2 of this section. However, the office of state courts 95 administrator may seek a setoff of any income tax refund and lottery prize payouts 96 under section 488.5028 for all delinquent court costs, fines, fees, or other sums ordered 97 by a court relating to convictions expunged under subsection 2 of this section. 98 (4) Each prosecuting agency in this state has no more than sixty days from the 99 day on which the notice described in subdivision (1) of this subsection is transmitted, or 100 otherwise made accessible by electronic means, to object to an automated expungement 101 and transmit such objection to the office of state courts administrator and the central 102 repository. The prosecuting agency may object to the automated expungement for any 103 of the following reasons: 104 (a) After reviewing the prosecuting agency's record, the record does not meet the 105 definition of a clean slate eligible offense; 106 (b) The person has not paid court-ordered restitution to the victim; or 107 (c) The person has charges pending against them in another case in Missouri. 108 (5) If a prosecuting agency objects for a reason described in subdivision (4) of 109 this subsection, within sixty days of the day on which the notice described in subdivision 110 (1) of this subsection is transmitted, or otherwise made accessible by electronic means, 111 the record shall not be expunged. 112 (6) The central repository has no more than sixty days from the day on which the 113 notice described in subdivision (1) of this subsection is transmitted, or otherwise made 114 accessible by electronic means, to object to an automated expungement and transmit 115 such objection to the office of state courts administrator and the relevant prosecutors. HB 2747 7
116 The central repository may object to the automated expungement if the record does not 117 meet the definition of a clean slate eligible offense based on their available data. 118 (7) If the central repository objects for a reason described in subdivision (6) of 119 this subsection, within sixty days of the day on which the notice described in subdivision 120 (1) of this subsection is transmitted, or otherwise made accessible by electronic means, 121 the record shall not be expunged. 122 (8) If sixty days have passed without an objection from a prosecuting agency or 123 the central repository for one of the reasons set forth under this subsection, the office of 124 state courts administrator shall transmit, or otherwise make accessible by electronic 125 means, within fifteen days all the records to be expunged, sorted by circuit, to the 126 presiding judges of every circuit court in Missouri. 127 (9) Within thirty days of receiving a notice to expunge, the circuit court shall 128 issue orders for expungement of all records maintained in the circuit. 129 (10) On a quarterly basis, each circuit court shall transmit, or otherwise make 130 accessible by electronic means, copies of all orders for expungement that the court issues 131 under this section to the office of state courts administrator. 132 (11) Once the transmitted records are expunged, the office of state courts 133 administrator shall provide notice to all state agencies maintaining official copies of the 134 records including, but not limited to, circuit court clerks, prosecuting or circuit 135 attorneys, law enforcement agencies, the department of corrections, and the central 136 repository within thirty days. The records and files maintained by any such persons or 137 entities pertaining to expunged records shall be held confidential from the date of 138 expungement and only made available to the people and for the purposes outlined in 139 subdivision (12) of this subsection. With respect to any person including, but