Missouri House Bill HB371

Missouri 2023 Regular Session

• Introduced: 1/4/23
• Refer: 3/9/23
• Report Pass: 4/20/23
• Refer: 5/5/23

Caption

Establishes provisions relating to making certain court records confidential in automated case management systems

Impact

The introduction of HB 371 could lead to significant changes in how misdemeanor court records are handled in Missouri. If enacted, the bill would give families of deceased individuals the ability to shield their loved one's misdemeanor records from public view, thus potentially reducing the stigma associated with past offenses. The bill seeks to promote privacy while maintaining a balance with the court's responsibility to ensure that the accessibility of records does not unfairly prejudice any parties involved in legal proceedings.

Summary

House Bill 371 aims to amend Chapter 476 of the Revised Statutes of Missouri by introducing provisions that allow for the confidentiality of certain court records related to misdemeanor offenses. Specifically, the bill permits parents, spouses, children, or personal representatives of a deceased individual who was convicted of a misdemeanor to file a motion with the court to have the record of such offense made confidential within the automated case management system. This measure is particularly directed at cases involving individuals who have been deceased for six months or more, providing a legal pathway for the protective measure to be enacted.

Conclusion

Overall, HB 371 reflects a growing awareness and sensitivity towards issues of privacy in the context of legal records, particularly for families grieving lost loved ones. As discussions around the bill unfold, the balance between individual privacy and the public's right to information will be a focal point for legislators and stakeholders alike.

Contention

While the bill presents a thoughtful approach to handling sensitive information posthumously, it may also raise concerns regarding transparency in the legal system. Critics could argue that making certain records confidential may impede public access to information that is important for maintaining accountability in the judicial process. Additionally, the requirement for the court to determine if any person would be unfairly prejudiced by making the record confidential could lead to subjective interpretations that vary from case to case, creating potential inconsistencies in application.