[Ord. No. 3585 §1, 8-30-2004]
As used in this Article, the following terms shall have the
following definitions:
An actual restraint of the person of the defendant, or by
his/her submission to the custody of the officer, under authority
of a warrant or otherwise for a criminal violation which results in
the issuance of a summons or the person being booked.
A record of a law enforcement agency of an arrest and of
any detention or confinement incident thereto together with the charge
therefor.
An investigation in which no further action will be taken
by a law enforcement agency or officer for any of the following reasons:
A decision by the law enforcement agency not to pursue the case.
Expiration of the time to file criminal charges pursuant to
the applicable statute of limitations or ten (10) years after the
commission of the offense, whichever date earliest occurs.
Finality of the convictions of all persons convicted on the
basis of the information contained in the investigative report, by
exhaustion of or expiration of all rights of appeal of such persons.
A record of a law enforcement agency consisting of the date,
time, specific location, name of the victim, and immediate facts and
circumstances surrounding the initial report of a crime or incident,
including any logs of reported crimes, accidents and complaints maintained
by that agency.
A record, other than an arrest or incident report, prepared
by personnel of a law enforcement agency inquiring into a crime or
suspected crime either in response to an incident report or in response
to evidence developed by Law Enforcement Officers in the course of
their duties.
[Ord. No. 3585 §1, 8-30-2004]
A.
The Police Department of the City shall maintain records of all incidents reported to the Police Department and investigations and arrests made by the Police Department. All incident reports and arrest reports shall be open records. Notwithstanding any other provision of law other than the provisions of Subsection (C) of this Section or Section 320.083, RSMo., investigative reports of the Police Department are closed records until the investigation becomes inactive. If any person is arrested and not charged with an offense against the law within thirty (30) days of the person's arrest, the arrest report shall thereafter be a closed record except that the disposition portion of the record may be accessed except as provided in Section 135.160 hereof.
B.
Except as provided in Subsections (C) and (D) of this Section, if any portion of a record or document of a Police Department Officer or the Police Department, other than an arrest report which would otherwise be open, contains information that is reasonably likely to pose a clear and present danger to the safety of any victim, witness, undercover officer or other person; or jeopardize a criminal investigation, including records which would disclose the identity of a source wishing to remain confidential or a suspect not in custody; or which would disclose techniques, procedures or guidelines for Police Department investigations or prosecutions, that portion of the record shall be closed and shall be redacted from any record made available pursuant to this Article.
C.
Any person, attorney for a person, or insurer of a person involved in any incident or whose property is involved in an incident may obtain any records closed pursuant to this Section or Section 135.160 hereof for purposes of investigation of any civil claim or defense as provided by this Subsection.
Any individual, his/her attorney or insurer involved in an incident
or whose property is involved in an incident, upon written request,
may obtain a complete unaltered and unedited incident report concerning
the incident and may obtain access to other records closed by the
Police Department pursuant to this Section. Within thirty (30) days
of such request, the Police Department shall provide the requested
material or file a motion pursuant to this Subsection with the Circuit
Court having jurisdiction over the Police Department stating that
the safety of the victim, witness or other individual cannot be reasonably
ensured, or that a criminal investigation is likely to be jeopardized.
Pursuant to Section 610.100(4), RSMo., if, based on such motion, the
court finds for the Police Department, the court shall either order
the record closed or order such portion of the record that should
be closed to be redacted from any record made available pursuant to
this Subsection.
D.
The victim
of an offense as provided in Chapter 566, RSMo., may request that
his/her identity be kept confidential until a charge relating to such
incident is filed.
[Ord. No. 3585 §1, 8-30-2004]
If the person arrested is charged but the case is subsequently nolle prossed, dismissed, or the accused is found not guilty, or imposition of sentence is suspended in the court in which the action is prosecuted, official records pertaining to the case shall thereafter be closed records when such case is finally terminated, except as provided in Section 135.160 and except that the court's judgment or order or the final action taken by the prosecutor in such matters may be accessed. If the accused is found not guilty due to mental disease or defect pursuant to Section 552.030, RSMo., official records pertaining to the case shall thereafter be closed records upon such findings, except that the disposition may be accessed only by law enforcement agencies, child care agencies, facilities as defined in Section 198.006, RSMo., and in-home services provider agencies as defined in Section 660.250, RSMo., in the manner established by Section 135.160.
[Ord. No. 3585 §1, 8-30-2004]
A.
Records
required to be closed shall not be destroyed; they shall be inaccessible
to the general public and to all persons other than the defendant
except as provided in this Section and Section 43.507, RSMo. The closed
records shall be available to: criminal justice agencies for the administration
of criminal justice pursuant to Section 43.500, RSMo., criminal justice
employment, screening persons with access to criminal justice facilities,
procedures and sensitive information; to law enforcement agencies
for issuance or renewal of a license, permit, certification or registration
of authority from such agency including, but not limited to, watchmen,
security personnel, private investigators, and persons seeking permits
to purchase or possess a firearm; those agencies authorized by Section
43.543, RSMo., to submit and when submitting fingerprints to the central
repository; the Sentencing Advisory Commission created in Section
558.019, RSMo., for the purpose of studying sentencing practices in
accordance with Section 43.507, RSMo.; to qualified entities for the
purpose of screening providers defined in Section 43.540, RSMo.; the
Department of Revenue for driver license administration; the Division
of Workers' Compensation for the purposes of determining eligibility
for crime victims' compensation pursuant to Sections 595.010 to 595.075,
RSMo., Department of Health and Senior Services for the purpose of
licensing and regulating facilities and regulating in-home services
provider agencies and Federal agencies for purposes of criminal justice
administration, criminal justice employment, child, elderly or disabled
care, and for such investigative purposes as authorized by law or
presidential executive order.
B.
These
records shall be made available only for the purposes and to the entities
listed in this Section. A criminal justice agency receiving a request
for criminal history information under its control may require positive
identification, to include fingerprints of the subject of the record
search, prior to releasing closed record information. Dissemination
of closed and open records from the Missouri criminal records repository
shall be in accordance with Section 43.509, RSMo. All records which
are closed records shall be removed from the records of the Police
Department and Municipal Court which are available to the public and
shall be kept in separate records which are to be held confidential
and, where possible, pages of the public record shall be retyped or
rewritten omitting those portions of the record which deal with the
defendant's case. If retyping or rewriting is not feasible because
of the permanent nature of the record books, such record entries shall
be blacked out and recopied in a confidential book.
[Ord. No. 3585 §1, 8-30-2004; Ord.
No. 4001 §1, 2-17-2014]
Except as provided by this Section, any information acquired by the Police Department or a first responder agency by way of a complaint or report of a crime made by telephone contact using the emergency number "911" shall be inaccessible to the general public. However, information consisting of the date, time, specific location and immediate facts and circumstances surrounding the initial report of the crime or incident shall be considered to be an incident report and subject to Section 135.140 hereof. Any closed records pursuant to this Section shall be available upon request by law enforcement agencies or the Division of Workers' Compensation or pursuant to a valid court order authorizing disclosure upon motion and good cause shown.
[Ord. No. 3585 §1, 8-30-2004]
A.
Except as provided in Subsection (B) of this Section, the City of De Soto Police Department, if it maintains a daily log or record that lists suspected crimes, accidents or complaints, shall make available the following information for inspection and copying by the public:
B.
The Police Department, having custody of an accident report or incident report as defined in Section 135.130, shall not release for sixty (60) days after the date of the accident or incident the report containing the factual circumstances or general description of any injuries as provided in paragraphs (c) and (d) of Subdivision (3) of Subsection (A) of this Section to a person that is not an interested party. For the purposes of this Subsection, an "interested party" is any law enforcement agency, any person who was involved in the
accident or incident, the Street Department of the jurisdiction involved,
the owner of any vehicle involved in the accident or incident, the
insurance company, physician or family member of any person involved
in the accident or incident, or any attorney, or any member of the
news media.
