Missouri SB 397: Modifies provisions relating to judicial proceedings

Bill Text

EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted 
and is intended to be omitted in the law. 
FIRST REGULAR SESSION 
SENATE BILL NO. 397 
103RD GENERAL ASSEMBLY 
 
INTRODUCED BY SENATOR BROWN (26). 
0435S.02I KRISTINA MARTIN, Secretary 
 
AN ACT 
To  repeal  sections  490.692  and  565.240,  RSMo,  and  to  enact  in  lieu  thereof  two  new  sections 
relating to judicial proceedings, with penalty provisions. 
 
Be it enacted by the General Assembly of the State of Missouri, as follows: 
     Section  A.    Sections  490.692  and  565.240,  RSMo,  are 1 
repealed and two new sections enacted in lieu thereof, to be 2 
known as sections 490.692 and 565.240, to read as follows:3 
     490.692.  1.  Any records or copies of records  1 
reproduced in the ordinary course of business by any  2 
photographic, photostatic, microfilm, microcard, miniature  3 
photographic, optical disk imaging, or other process which  4 
accurately reproduces or forms a durable medium for so  5 
reproducing the original that would be admissible under  6 
sections 490.660 to 490.690 shall be admissible as a  7 
business record, subject to other substantive or procedural  8 
objections, in any court in this state upon the affidavit of  9 
the person who would otherwise provide the prerequisites of  10 
sections 490.660 to 490.690, that the records attached to  11 
the affidavit were kept as required by section 490.680. 12 
     2.  No party shall be permitted to offer such business  13 
records into evidence pursuant to this section unless all  14 
other parties to the action have been served with copies of  15 
such records and such affidavit at least seven days prior to  16 
the day upon which trial of the cause commences. 17 

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     3.  The affidavit permitted by this section may be in  18 
form and content substantially as follows: 19 
     4.  Notwithstanding any other provision of law to the  49 
contrary, an affidavit offered pursuant to this section  50 
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   THE STATE OF ______    
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   COUNTY OF ______    
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   AFFIDAVIT    
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   Before me, the undersigned authority, personally 
appeared ______, who, being by me duly sworn, 
deposed as follows: 
   
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   My name is ______, I am of sound mind, capable of 
making this affidavit, and personally acquainted 
with the facts herein stated: 
   
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   I am the custodian of the records of ______. 
Attached hereto are ______ pages of records from 
______. These ______ pages of records are kept by 
______ in the regular course of business, and it 
was the regular course of business of ______ for an 
employee or representative of ______ with knowledge 
of the act, event, condition, opinion, or diagnosis 
recorded to make the record or to transmit 
information thereof to be included in such record; 
and the record was made at or near the time of the 
act, event, condition, opinion or diagnosis. The 
records attached hereto are the original or exact 
duplicates of the original. 
   
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     __________________     
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     Affiant    
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[In witness whereof I have hereunto subscribed my 
name and affixed my official seal this ______ day 
of ______, 20______. 
   
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   __________________   __________________     
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   (Signed)  (Seal) 
] 
  

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shall not be deemed invalid for the reason that it utilizes  51 
an electronic signature or digital signature. 52 
     5.  Notwithstanding any other provision of law to the  53 
contrary, an affidavit offered pursuant to this section  54 
shall not be deemed invalid for the reason that it does not  55 
include a notarization. 56 
     6.  Notwithstanding any other provision of law to the  57 
contrary, an affidavit offered pursuant to this section  58 
shall be signed in a manner that, if falsely made, would  59 
subject the signer to criminal penalties pursuant to section  60 
575.040. 61 
     565.240.  1.  A person commits the offense of unlawful  1 
posting of certain information over the internet if: 2 
     (1)  He or she knowingly posts the name, home address,  3 
Social Security number, telephone number, or any other  4 
personally identifiable information of any person on the  5 
internet intending to cause great bodily harm or death, or  6 
threatening to cause great bodily harm or death to such  7 
person; or 8 
     (2)  He or she knowingly posts the Social Security  9 
number of any person on the internet intending to intimidate  10 
or harass such person or obtain financial gain from such  11 
person. 12 
     2.  The offense of unlawful posting of certain  13 
information over the internet under subdivision (1) of  14 
subsection 1 of this section is a class [C misdemeanor] E  15 
felony, unless the person knowingly posts on the internet  16 
the name, home address, Social Security number, telephone  17 
number, or any other personally identifiable information of  18 
any law enforcement