CCS/SS/SCS/HCS/HBs 1665 & 1335 (5563S.08S) - This act modifies provisions relating to the administration of justice. DEPUTY SHERIFF (Sections 57.015, 57.201, 57.220, & 57.250) - This act specifies that a limited definition of deputy sheriff only applies to a section dealing with dismissal proceedings for deputy sheriffs. Certain provisions dealing with the ability of a sheriff to discharge a deputy sheriff are amended to refer to the limited definition of deputy sheriff.
This provision is identical to a provision contained in SS/SB 745 (2014) and is identical to one section contained in HCS/SB 773 (2014).
PUBLISHING CRIMINAL RECORD INFORMATION (Section 407.1150) - This act makes it unlawful to publish criminal record information in order to solicit from an individual a fee to remove or correct such information. A knowing and willful violation of this act is a Class A misdemeanor. In addition, the affected individual may be awarded $10,000 or actual and punitive damages, whichever is greater.
LOCAL COURT RULE RESTRICTION (Section 483.140) - This act prohibits the adoption of a local court rule that would allow a judge the discretion to remove or direct the removal of a communication, pleading, or file from a court file without the agreement of all parties.
This provision is identical to CCS/SCS/HB 1553 (2014) and is similar to a provision contained in CCS/SS/SCS/HCS/HB 1231 (2014).
POWER TO ARREST (Section 544.216) - Under current law, a law enforcement officer may arrest on view and without a warrant any person the officer sees violating, or who the officer has reasonable grounds to believe has violated, any law of this state, or any ordinance over which the officer has jurisdiction.
The Missouri Eastern District Court of Appeals in City of Fredericktown v. Bell, 761 S.W.2d 715, 717 (Mo. Ct. App. 1988) held that section 544.216 does not provide law enforcement officers with the power of arrest for offenses committed outside the officer's jurisdiction. This act modifies the statutory provision to clarify that a law enforcement officer may only make an arrest without a warrant for an offense over which the officer has jurisdiction.
This provision is identical to a provision contained in CCS2/SS/SCS/HCS/HB 1439 (2014) and SS/SB 745 (2014).
EXPUNGEMENT OF ARREST RECORDS (Sections 610.120 & 610.122) - Under current law, a record of arrest may be expunged if the arrest was based on false information and there is no probable cause to believe the individual committed the offense, no charges will be pursued as a result of the arrest, the subject of the arrest has no prior or subsequent misdemeanor or felony convictions and did not receive a suspended imposition of sentence for any offense related to the arrest, and no civil action is pending relating to the arrest or the records sought to be expunged.
This act also allows for the expungement of arrest records if the person was arrested for a misdemeanor offense of chapter 303 or any moving violation, except for any intoxication-related traffic offense, and the offense was subsequently nolle prossed or dismissed, or the accused was found not guilty.
This expungement provision is not available to commercial driver's license holders or anyone who was operating a commercial motor vehicle at the time of the arrest.
In addition, the subject of the arrest must have no prior or subsequent misdemeanor or felony convictions and the record is not eligible for expungement if a civil action is pending relating to the arrest or the records sought to be expunged.
These provisions are identical to provisions contained in CCS/SS/HB 1707 (2014).
ENTRY OF APPEARANCE FILING (Section 1) - This act provides that courts that require mandatory electronic filing must accept a notice of entry of appearance sent by fax or regular mail if the notice does not exceed one page in length.
The provisions of this section expire on December 31, 2016.
KAYLA CRIDER