Section 211.068

Title XII PUBLIC HEALTH AND WELFARE

Chapter 211

Effective - 28 Aug 1995   

  211.068.  Copy of motion for certification as adult to be provided to prosecuting attorney — access to records — testimony of prosecutor. — Upon the filing of a motion to dismiss the petition pursuant to section 211.071 to allow prosecution under the general law, the juvenile officer shall provide the prosecuting or circuit attorney who has jurisdiction with a copy of such motion.  The prosecuting or circuit attorney shall have access to police reports, reports of the juvenile/deputy juvenile officer, statements of witnesses and all other records or reports relating to the offense alleged to have been committed by the child.  The prosecuting or circuit attorney shall have access to the disposition records of the child when the child has been adjudicated pursuant to subdivision (3) of subsection 1 of section 211.031.  The prosecuting or circuit attorney shall have the right to be present at the hearing and testify as to the likelihood of prosecution under the general law in the event the court dismisses the petition thereby allowing prosecution under the general law.  No testimony given by the prosecutor may be used as evidence in any subsequent stage of the juvenile or criminal case.

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(L. 1995 H.B. 174, et al.)