Missouri SB 312: Creates provisions relating to privileged communications in criminal matters

Bill Text

FIRST REGULAR SESSION
SENATE BILL NO. 312
101ST GENERAL ASSEMBLY
INTRODUCED BY SENATOR ROBERTS.
1436S.01I ADRIANE D. CROUSE, Secretary
AN ACT
To amend chapter 546, RSMo, by adding thereto one new section relating to privileged
communications.

Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 546, RSMo, is amended by adding thereto 1
one new section, to be known as section 546.265, to read as 2
follows:3
546.265. 1. As used in this section, the following 1
terms mean: 2
(1) "Crime stoppers organization", a private, not-for- 3
profit organization that collects and expends donations for 4
rewards to persons who report to the organization 5
information concerning criminal activity and that forwards 6
such information to appropriate law enforcement agencies; 7
(2) "Privileged communication", information by an 8
anonymous person to a crime stoppers organization for the 9
purpose of reporting alleged criminal activity. 10
2. No person shall be required to disclose, by way of 11
testimony or otherwise, a privileged communication between a 12
person who submits a report of alleged criminal activity to 13
a crime stoppers organization and the person who accepts the 14
report on behalf of a crime stoppers organization or to 15
produce, under subpoena, any records, documentary evidence, 16
opinions, or decisions relating to such privileged 17
communication: 18

SB 312 2
(1) In connection with any criminal case or 19
proceeding; or 20
(2) By way of any discovery procedure. 21
3. Any person arrested or charged with a criminal 22
offense may petition the court for an in-camera inspection 23
of the records of a privileged communication concerning the 24
report such person made to a crime stoppers organization. 25
The petition shall allege facts showing that such records 26
would provide evidence favorable to the defendant and 27
relevant to the issue of guilt or punishment. If the court 28
determines that the person is entitled to all or any part of 29
such records, the court may order production and disclosure 30
as the court deems appropriate. 31
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