Missouri 2025 Regular Session

Missouri Senate Bill SB397 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3	3	and is intended to be omitted in the law.
4	4	FIRST REGULAR SESSION
5	5	SENATE BILL NO. 397
6	6	103RD GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR BROWN (26).
8	8	0435S.02I KRISTINA MARTIN, Secretary
9	9	AN ACT
10	10	To repeal sections 490.692 and 565.240, RSMo, and to enact in lieu thereof two new sections
11	11	relating to judicial proceedings, with penalty provisions.
12	12
13	13	Be it enacted by the General Assembly of the State of Missouri, as follows:
14	14	Section A. Sections 490.692 and 565.240, RSMo, are 1
15	15	repealed and two new sections enacted in lieu thereof, to be 2
16	16	known as sections 490.692 and 565.240, to read as follows:3
17	17	490.692. 1. Any records or copies of records 1
18	18	reproduced in the ordinary course of business by any 2
19	19	photographic, photostatic, microfilm, microcard, miniature 3
20	20	photographic, optical disk imaging, or other process wh ich 4
21	21	accurately reproduces or forms a durable medium for so 5
22	22	reproducing the original that would be admissible under 6
23	23	sections 490.660 to 490.690 shall be admissible as a 7
24	24	business record, subject to other substantive or procedural 8
25	25	objections, in any cour t in this state upon the affidavit of 9
26	26	the person who would otherwise provide the prerequisites of 10
27	27	sections 490.660 to 490.690, that the records attached to 11
28	28	the affidavit were kept as required by section 490.680. 12
29	29	2. No party shall be permitted to o ffer such business 13
30	30	records into evidence pursuant to this section unless all 14
31	31	other parties to the action have been served with copies of 15
32	32	such records and such affidavit at least seven days prior to 16
33	33	the day upon which trial of the cause commences. 17 SB 397 2
34	34	3. The affidavit permitted by this section may be in 18
35	35	form and content substantially as follows: 19
36	36	4. Notwithstanding any other pr ovision of law to the 49
37	37	contrary, an affidavit offered pursuant to this section 50
38	38	20 THE STATE OF ______
39	39	21 COUNTY OF ______
40	40	22 AFFIDAVIT
41	41	23
42	42	24
43	43	25
44	44	Before me, the undersigned authority, personally
45	45	appeared ______, who, being by me duly sworn,
46	46	deposed as follows:
47	47
48	48	26
49	49	27
50	50	28
51	51	My name is ______, I am of sound mind, capable of
52	52	making this affidavit, and personally acquainted
53	53	with the facts herein stat ed:
54	54
55	55	29
56	56	30
57	57	31
58	58	32
59	59	33
60	60	34
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68	68	I am the custodian of the records of ______.
69	69	Attached hereto are ______ pages of records from
70	70	______. These ______ pages of records are kept by
71	71	______ in the regular course of business, and it
72	72	was the regular course of business of ______ for an
73	73	employee or representative of ______ with knowledge
74	74	of the act, event, condition, opinion, or diagnosis
75	75	recorded to make the record or to transmit
76	76	information thereof to be included in such record;
77	77	and the record was made at or near the time of the
78	78	act, event, condition, opinion or diagnosis. The
79	79	records attached hereto are the original or exact
80	80	duplicates of the original.
81	81
82	82	42 __________________
83	83	43 Affiant
84	84	44
85	85	45
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87	87	[In witness whereof I have hereunto subscribed my
88	88	name and affixed my official seal this ______ day
89	89	of ______, 20______.
90	90
91	91	47 __________________ __________________
92	92	48 (Signed) (Seal) ] SB 397 3
93	93	shall not be deemed invalid for the reason that it utilizes 51
94	94	an electronic signature or digital signature. 52
95	95	5. Notwithstanding any other provision of law to the 53
96	96	contrary, an affidavit offered pursuant to this section 54
97	97	shall not be deemed invalid for the reason that it does not 55
98	98	include a notarization. 56
99	99	6. Notwithstanding any other provision of law to the 57
100	100	contrary, an affidavit offered pursuant to this section 58
101	101	shall be signed in a manner that, if falsely made, would 59
102	102	subject the signer to criminal penalties pursuant to section 60
103	103	575.040. 61
104	104	565.240. 1. A person commits the offense of unlawful 1
105	105	posting of certain information over the internet if : 2
106	106	(1) He or she knowingly posts the name, home address, 3
107	107	Social Security number, telephone number, or any other 4
108	108	personally identifiable information of any person on the 5
109	109	internet intending to cause great bodily harm or death, or 6
110	110	threatening to cause gre at bodily harm or death to such 7
111	111	person; or 8
112	112	(2) He or she knowingly posts the Social Security 9
113	113	number of any person on the internet intending to intimidate 10
114	114	or harass such person or obtain financial gain from such 11
115	115	person. 12
116	116	2. The offense of unlawful posting of certain 13
117	117	information over the internet under subdivision (1) of 14
118	118	subsection 1 of this section is a class [C misdemeanor] E 15
119	119	felony, unless the person knowingly posts on the internet 16
120	120	the name, home address, Social Security number, telephon e 17
121	121	number, or any other personally identifiable information of 18
122	122	any law enforcement officer, corrections officer, parole 19
123	123	officer, judge, commissioner, or prosecuting attorney, or of 20
124	124	any immediate family member of such law enforcement officer, 21 SB 397 4
125	125	corrections officer, parole officer, judge, commissioner, or 22
126	126	prosecuting attorney, intending to cause great bodily harm 23
127	127	or death, or threatening to cause great bodily harm or 24
128	128	death, in which case it is a class [E] D felony, and if such 25
129	129	intention or threat result s in bodily harm or death to such 26
130	130	person or immediate family member, the offense of unlawful 27
131	131	posting of certain information over the internet is a class 28
132	132	[D] C felony. 29
133	133	3. The offense of unlawful posting of certain 30
134	134	information over the internet und er subdivision (2) of 31
135	135	subsection 1 of this section is a class E felony. 32
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