Citation in context
Missouri Sunshine Law Open Meetings and Records law.pdf
or she is a minor, family member of such person within the first degree of consanguinity if such person is deceased or incompetent, 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 610.150 for purposes of investigation of any civil claim or defense, as provided by this subsection. Any individual, legal guardian or parent of such person if he or she is a minor, his or her family member within the first degree of consanguinity if such individual is deceased or incompetent, his or 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 a law enforcement agency pursuant to this section. Within thirty days of such request, the agency shall provide the requested material or file a motion pursuant to this subsection with the circuit court having jurisdiction over the law enforcement agency 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.
Any individual, legal guardian or parent of such person if he or she is a minor, his or her family member within the first degree of consanguinity if such individual is deceased or incompetent, his or 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 a law enforcement agency pursuant to this section. Within thirty days of such request, the agency shall provide the requested material or file a motion pursuant to this subsection with the circuit court having jurisdiction over the law enforcement agency 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. If, based on such motion, the court finds for the law enforcement agency, 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. 5. (1) Any person may bring an action pursuant to this section in the circuit court having jurisdiction to authorize disclosure of a mobile video recording or the information contained in an investigative report of any law enforcement agency, which would otherwise be closed pursuant to this section.
Within thirty days of such request, the agency shall provide the requested material or file a motion pursuant to this subsection with the circuit court having jurisdiction over the law enforcement agency 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. If, based on such motion, the court finds for the law enforcement agency, 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. 5. (1) Any person may bring an action pursuant to this section in the circuit court having jurisdiction to authorize disclosure of a mobile video recording or the information contained in an investigative report of any law enforcement agency, which would otherwise be closed pursuant to this section. The court may order that all or part of a mobile video recording or the information contained in an investigative report be released to the person bringing the action. (2) In making the determination as to whether information contained in an investigative report shall be disclosed, the court shall consider whether the
Missouri Sunshine Law 51 benefit to the person bringing the action or to the public outweighs any harm to the public, to the law enforcement agency or any of its officers, or to any person identified in the investigative report in regard to the need for law enforcement agencies to effectively investigate and prosecute criminal activity. (3) In making the determination as to whether a mobile video recording shall be disclosed, the court shall consider: (a) Whether the benefit to the person bringing the action or the benefit to the public outweighs any harm to the public, to the law enforcement agency or any of its officers, or to any person identified in the mobile video recording in regard and with respect to the need for law enforcement agencies to effectively investigate and prosecute criminal activity; (b) Whether the mobile video recording contains information that is reasonably likely to disclose private matters in which the public has no legitimate concern; (c) Whether the mobile video recording is reasonably likely to bring shame or humiliation to a person of ordinary sensibilities; and (d) Whether the mobile video recording was taken in a place where a person recorded or depicted has a reasonable expectation of privacy. (4) The mobile video recording or investigative report in question may be examined by the court in camera.
(c) Whether the mobile video recording is reasonably likely to bring shame or humiliation to a person of ordinary sensibilities; and (d) Whether the mobile video recording was taken in a place where a person recorded or depicted has a reasonable expectation of privacy. (4) The mobile video recording or investigative report in question may be examined by the court in camera. (5) If the disclosure is authorized in whole or in part, the court may make any order that justice requires, including one or more of the following: (a) That the mobile video recording or investigative report may be disclosed only on specified terms and conditions, including a designation of the time or place; (b) That the mobile video recording or investigative report may be had only by a method of disclosure other than that selected by the party seeking such disclosure and may be disclosed to the person making the request in a different manner or form as requested; (c) That the scope of the request be limited to certain matters; (d) That the disclosure occur with no one present except persons designated by the court; Missouri Sunshine Law 52 (e) That the mobile video recording or investigative report be redacted to exclude, for example, personally identifiable features or other sensitive information; (f) That a trade secret or other confidential research, development, or commercial information not be disclosed or be disclosed only in a designated way.