Section 566.226

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 566

Effective - 28 Aug 2013, 4 histories, see footnote   (history) 

  566.226.  Until December 31, 2016 — Identifiable information in court records to be redacted, when — access to information permitted, when — disclosure of identifying information regarding defendant, when. — 1.  After August 28, 2007, any information contained in any court record, whether written or published on the internet, that could be used to identify or locate any victim of sexual assault, domestic assault, stalking, rape in the first or second degree, or forcible rape shall be closed and redacted from such record prior to disclosure to the public.  Identifying information shall include the name, home or temporary address, telephone number, Social Security number or physical characteristics.

  2.  If the court determines that a person or entity who is requesting identifying information of a victim has a legitimate interest in obtaining such information, the court may allow access to the information, but only if the court determines that disclosure to the person or entity would not compromise the welfare or safety of such victim.

  3.  Notwithstanding the provisions of subsection 1 of this section, the judge presiding over a sexual assault, domestic assault, stalking, forcible rape, or rape in the first or second degree case shall have the discretion to publicly disclose identifying information regarding the defendant which could be used to identify or locate the victim of the crime.  The victim may provide a statement to the court regarding whether he or she desires such information to remain closed.  When making the decision to disclose such information, the judge shall consider the welfare and safety of the victim and any statement to the court received from the victim regarding the disclosure.

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(L. 2007 H.B. 583, A.L. 2009 H.B. 177 & H.B. 622, A.L. 2013 H.B. 215)

Transferred 2014; now 595.226; Effective 1-01-17