Section 595.037

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 595

Effective - 28 Aug 2014, 2 histories   

  595.037.  Open records, exceptions — department order to close records. — 1.  All information submitted to the department and any hearing of the department on a claim filed pursuant to sections 595.010 to 595.075 shall be open to the public except for the following claims which shall be deemed closed and confidential:

  (1)  A claim in which the alleged assailant has not been brought to trial and disclosure of the information or a public hearing would adversely affect either the apprehension, or the trial, of the alleged assailant;

  (2)  A claim in which the offense allegedly perpetrated against the victim is rape, sodomy or sexual abuse and it is determined by the department to be in the best interest of the victim or of the victim's dependents that the information be kept confidential or that the public be excluded from the hearing;

  (3)  A claim in which the victim or alleged assailant is a minor; or

  (4)  A claim in which any record or report obtained by the department, the confidentiality of which is protected by any other law, shall remain confidential subject to such law.

  2.  The department may close any record, report or hearing if it determines that the interest of justice would be frustrated rather than furthered if such record or report was disclosed or if the hearing was open to the public.

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(L. 1993 S.B. 19, A.L. 2009 S.B. 338, A.L. 2014 H.B. 1299 Revision)