Senate Committee Substitute

INFORMATION FROM THE MISSOURI CENTRAL REPOSITORY (Sections 43.504 AND 43.507)

Under current law, the sheriff of any county or the City of St. Louis and judges of the circuit courts may make available to private entities responsible for probation supervision information obtained from the Missouri Central Repository. When the term of probation is completed or the information is no longer needed related to the probation, the records shall be returned to the court or destroyed.

Under this act, the sheriff of any county or the City of St. Louis and judges of the circuit courts may also make available to expungement clinics or legal aid organizations, as defined in the act, information obtained from the Missouri Central Repository.

Additionally, under current law, all criminal history information in the possession or control of the Missouri Central Repository, except criminal intelligence and investigative information, may be made available to qualified persons and organizations for research, evaluative, and statistical purposes under certain written agreements for use of the information.

This act adds that pro-bono clinics and legal aid organizations seeking to expunge criminal records of petitioners at no-charge, shall also have access to all criminal history information in the possession or control of the Missouri Central Repository, except for criminal intelligence and investigation. Pro-bono clinics and legal aid organizations shall not be subject to provisions provided in the act regarding the deletion of uniquely identifiable criminal history information of individuals.

These provisions are identical to provisions in SCS/SB 61 (2021) and substantially similar to provisions in SB 519 (2020).

MOTION TO VACATE OR SET ASIDE THE JUDGMENT (Section 547.031)

Under current law, a prosecuting attorney may file a motion to vacate or set aside the judgment in the jurisdiction in which the person was convicted. This act changes this provision to the jurisdiction in which charges were filed.

Additionally, this act provides that the Attorney General may file a motion to intervene and, upon intervention, shall have all rights afforded to defendants under the Missouri Rules of Civil Procedure.

CONVICTION REVIEW UNIT (Section 547.500)

Under this act, the Missouri Office of Prosecution Services may establish a conviction review unit to investigate claims of actual innocence of any defendant, including those who plead guilty.

The Missouri Office of Prosecution Services shall create an application process for defendants as provided in the act. The conviction review unit shall consist of two attorneys hired by the executive director of the Missouri Office of Prosecution Services, an investigator, paralegal, and other administrative staff. The Director shall be an ex officio member of the unit.

Once the review is complete, the conviction review unit shall present its findings either to the prosecuting attorney who prosecuted the case or, if the review was requested by the Attorney General, special prosecutor, or other prosecuting attorney's office, to the office who requested the review. Such prosecuting attorney's office is not required to accept or follow the findings and recommendations of the conviction review unit.

Any document produced by the conviction review unit shall be a closed record until after the finality of all proceedings.

MAX'S LAW (Sections 575.010, 575.353, 578.007, & 578.022)

This act creates "Max's Law."

Under current law, the offense of assault on a law enforcement animal is a Class C misdemeanor.

This act provides that the offense of assault on a law enforcement animal is a Class A misdemeanor, if the law enforcement animal is not injured to the point of requiring veterinary care or treatment; a Class E felony if the law enforcement animal is seriously injured to the point of requiring veterinary care or treatment; and a Class D felony if the assault results in the death of such animal.

Additionally, exemptions to the offenses of agroterrorism, animal neglect, and animal abuse shall not apply to the killing or injuring of a law enforcement animal while working.

Finally, this act adds that any dog that is owned by or in the service of a law enforcement agency and that bites or injures another animal or human is exempt from the penalties of the offense of animal abuse.

These provisions are identical to provisions in SCS/HB 2697, et al (2022), SCS/HB 2088, et al (2022), SS/SCS/SB 850 (2022), and SB 765 (2022).

EXPUNGEMENT OF CRIMINAL RECORDS (SECTIONS 610.140 & 488.650)

This act modifies provisions relating to the number of crimes a person may apply to have expunged from his or her record. A person may seek to expunge all crimes as part of the same course of criminal conduct or as part of an extended course of criminal conduct, subject to limitations as provided in the act.

Under current law, certain offenses, violations, and infractions are not eligible for expungement. This act adds that any offense that at the time of conviction requires registration as a sex offender is not eligible for expungement. Additionally, this act adds that the offenses, or successor offenses, of sexual conduct with a nursing facility resident in the second degree, use of a child in sexual performance, promoting a sexual performance of a child, or cross burning shall not be eligible for expungement.

This act changes provisions regarding any offense of unlawful use of weapons as not eligible for expungement to any "felony” offense of unlawful use of weapons is not eligible.

This act provides that a person may petition for expungement of crimes committed as part of an extended course of criminal conduct at least 10 years from the date of any sentence imposed under law.

This act repeals the provision that a court can make a determination at the hearing based solely on a victim's testimony and adds that a court may find that the continuing impact of the offense upon the victim rebuts the presumption that expungement is warranted.

This act also changes the time a person can petition to expunge arrest record for an eligible crime from three years after the date of the arrest to 18 months from the date of the arrest.

This act provides that a person shall be fully restored to the status he or she occupied prior to the arrests, pleas, trials, or convictions expunged. Additionally, this act modifies provisions allowing a person to answer "no" to an employer's inquiry about any arrests, charges, or convictions of a crime.

Finally, this act repeals provisions relating to the $250 surcharge to file a petition for expungement.

These provisions are substantially similar to SB 687 (2022), SCS/SB 61 (2021), SB 519 (2020), SB 952 (2020).

MARY GRACE PRINGLE