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Title XII PUBLIC HEALTH AND WELFARE

Chapter 198

Effective - 28 Aug 2020 bottom

  198.626.  Admissibility of footage in court or administrative proceeding, when. — 1.  Subject to applicable rules of evidence and procedure and the requirements of this section, footage created through the use of unauthorized or authorized electronic monitoring described by sections 198.610 to 198.632 may be admitted into evidence in a civil or criminal court action or administrative proceeding, provided that a proper foundation is offered to support its admission.

  2.  A court or administrative agency shall not admit into evidence footage created through the use of unauthorized or authorized electronic monitoring or take or authorize action based on the footage unless:

  (1)  If the footage is a videotape or recording, the footage shows the time and date that the events acquired on the footage occurred;

  (2)  The contents of the footage have not been edited or artificially enhanced; and

  (3)  If the contents of the footage have been transferred from the original format to another technological format, the transfer was done by a qualified professional and the contents of the footage were not altered.

  3.  A person who sends more than one specimen of footage to the department shall identify for the department each specimen on which the person believes that an incident of abuse or evidence of neglect may be found.  The department may adopt rules encouraging persons who send footage to the department to identify the place on the footage that an incident of abuse or evidence of neglect may be found.

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(L. 2020 H.B. 1387 & 1482)


---- end of effective   28 Aug 2020 ----

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