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MO HB883
Bill
Status
3/17/2011
Primary Sponsor
Scott Largent
Click for details
AI Summary
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Crime scene photographs and video recordings depicting deceased persons in states of dismemberment, decapitation, or similar mutilation are classified as closed records and exempt from public disclosure under Missouri's open records law.
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Deceased person's next of kin (spouse, then adult child, then parent) may access such materials, and individuals with written permission from next of kin may also view them; next of kin must provide proof of familial relationship.
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Circuit court judges may order disclosure of such materials in closed criminal investigations if they find in writing that public interest outweighs privacy concerns, considering governmental performance evaluation, family privacy intrusion severity, and availability of less intrusive alternatives.
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Custodians of crime scene materials must provide deceased's next of kin at least two weeks' notice before releasing such materials, and courts cannot order disclosure that disregards or shortens this notice period.
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Defense counsel in habeas corpus actions, new trial motions, and federal habeas proceedings may access materials for litigation purposes and may share with client and experts, but cannot otherwise disseminate except as necessary court exhibits; Department of Public Safety shall establish rules for press access.
Legislative Description
Requires certain specified crime scene photographs or video recordings to be considered closed records and not subject to disclosure under the Open Meetings and Records Law
Last Action
Public Hearing Completed (H)
4/11/2011