Senator Brian Williams’ Legislative Column for May 31, 2023

Criminal Justice Reforms Await Governor’s Signature

As the 2023 legislative session drew to a close on May 12, the Legislature had “truly agreed to and finally passed” 58 pieces of legislation that are now awaiting the governor’s signature. I enjoyed working with colleagues on both sides of the aisle to negotiate and pass Senate Bills 189, 36 & 37, a proposal that was combined with my priority legislation, Senate Bill 36 and 37, and includes provisions from my Senate Bill 253. This multi-faceted criminal justice reform measure will be especially beneficial and impactful to the families entangled in our state’s judicial system.

First and foremost, this bill modifies the process for expunging criminal records. I have filed similar legislation for several years in an effort to provide a second chance at life for people who have made a mistake, served jail time for their crime and now want to be productive members in their communities, but are prohibited by their criminal record. In 2021, I successfully passed a policy to reduce wait times to petition for expungement. Unfortunately, formerly incarcerated people struggle to find stable housing and employment while they wait, creating the perfect recipe for recidivism. Those who have served their time deserve a fresh start, gainful employment and to have their rights fully restored. Until Missouri is in the position to automatically expunge qualifying charges, updating this process and reducing recidivism are definitely steps in the right direction toward lasting change.

Pending the governor’s approval, this combined proposal removes the cap for the number of qualifying records than can be expunged, eliminates the $250 surcharge and reduces the wait time to petition from three years to 18 months after the date of arrest. The act makes cross burning, child sex trafficking and offenses that require sex offender registry ineligible for expungement, restores a person’s status to what it was before the sentencing and allows prospective employees with expunged records to answer “no” to potential employers’ inquiries about past charges. Finally, this bill modifies who can access criminal history information in the Missouri Central Repository, making it available to pro-bono expungement clinics, legal aid organizations and those with permission to research and evaluate the data.

This comprehensive reform also includes my Senate Bill 37 to establish a statewide conviction review unit and ensure the state’s court system is fair and just. The unit will investigate defendants’ claims of innocence, including those who initially pled guilty to the charges. After studying all aspects of the crime, the unit will report its findings to the attorney who prosecuted the case or the office that initiated the review. The cases of Lamar Johnson and Kevin Strickland, two innocent men who served decades-long prison sentences for crimes they didn’t commit, exacerbated the need for a review unit to assess convictions and grant Missourians every opportunity necessary to prove their innocence. I filed this legislation with one goal in mind: to create a pathway to freedom for the wrongly convicted.

Senator Williams presents SB 253 to the Senate Judiciary Committee on Feb. 20.

I’ll close by explaining my final contribution to this omnibus legislation: Senate Bill 253. Current law permits those who are exonerated on DNA evidence to receive restitution for a wrongful conviction. This act deems all individuals who are later proven innocent, regardless of the evidentiary method, eligible to receive $179 per day for each day of post-conviction incarceration in restitution and an automatic order of expungement from the courts. I had the honor of meeting Lamar Johnson six days after his release, along with several other “exonerees” who testified in support of the legislation and shared their personal challenges with reintegration into society after serving time for a crime they did not commit.

It is my belief that Missouri’s criminal justice system disproportionately effects communities of color, like the 14th Senatorial District. I am excited to see these proposals finally come to fruition, providing a clean slate to those who have paid for their past mistakes and helping the wrongly accused attain justice. While we cannot undo the past, we can certainly rewrite the future for these deserving men and women.

It is an honor representing each of you in the Missouri Senate. If you have any ideas to improve our district or questions about legislation, please contact my office at 573-751-4106 or visit my Senate website at senate.mo.gov/Williams.