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repealed and two new sections enacted in lieu thereof, to be 2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 wh ich 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 cour t 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 o ffer 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 SB 397 2
3. The affidavit permitted by this section may be in 18
form and content substantially as follows: 19
4. Notwithstanding any other pr ovision of law to the 49
contrary, an affidavit offered pursuant to this section 50
20 THE STATE OF ______
21 COUNTY OF ______
22 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 stat ed:
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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.
42 __________________
43 Affiant
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[In witness whereof I have hereunto subscribed my
name and affixed my official seal this ______ day
of ______, 20______.
47 __________________ __________________
48 (Signed) (Seal) ] SB 397 3
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 gre at 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, telephon e 17
number, or any other personally identifiable information of 18
any law enforcement officer, corrections officer, parole 19
officer, judge, commissioner, or prosecuting attorney, or of 20
any immediate family member of such law enforcement officer, 21 SB 397 4
corrections officer, parole officer, judge, commissioner, or 22
prosecuting attorney, intending to cause great bodily harm 23
or death, or threatening to cause great bodily harm or 24
death, in which case it is a class [E] D felony, and if such 25
intention or threat result s in bodily harm or death to such 26
person or immediate family member, the offense of unlawful 27
posting of certain information over the internet is a class 28
[D] C felony. 29
3. The offense of unlawful posting of certain 30
information over the internet und er subdivision (2) of 31
subsection 1 of this section is a class E felony. 32