Missouri 2025 Regular Session

Missouri Senate Bill SB625 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. 625
6	6	103RD GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR MOON.
8	8	2364S.01I KRISTINA MARTIN, Secretary
9	9	AN ACT
10	10	To repeal sections 542.296 and 542.525, RSMo, and to enact in lieu thereof two new sections
11	11	relating to searches and seizures of private property by public entities.
12	12
13	13	Be it enacted by the General Assembly of the State of Missouri, as follows:
14	14	Section A. Sections 542.296 and 542.525, RSMo, are 1
15	15	repealed and two new sections enacted in lieu thereof, to be 2
16	16	known as sections 542.296 and 542.525, to read as follows:3
17	17	542.296. 1. A person aggrieved by an unlawful seizure 1
18	18	made by an officer and against whom there is a pending 2
19	19	criminal proceeding growing out of the subject matter of the 3
20	20	seizure may file a motion to supp ress the use in evidence of 4
21	21	the property or matter seized. For the purposes of this 5
22	22	section, a pending criminal proceeding shall mean any 6
23	23	criminal investigation being conducted with the intention of 7
24	24	using the seized subject matter in seeking an indict ment or 8
25	25	information or when an information has been issued or an 9
26	26	indictment returned. 10
27	27	2. The motion to suppress shall be in writing. It 11
28	28	shall be filed with the court in which there is pending 12
29	29	against the moving party a criminal proceeding growin g out 13
30	30	of the subject matter of the seizure. 14
31	31	3. The motion shall be made before the commencement of 15
32	32	the trial of the moving party on the charge arising out of 16
33	33	the seizure unless he was unaware of the grounds or had no 17
34	34	opportunity to do so before t he trial. In that event the 18 SB 625 2
35	35	motion may be made during the trial. However, the trial 19
36	36	judge may in his discretion entertain a motion any time 20
37	37	during trial. 21
38	38	4. Notice shall be given to the prosecuting attorney 22
39	39	of the date, time, place and nature o f the hearing. 23
40	40	5. The motion to suppress may be based upon any one or 24
41	41	more of the following grounds: 25
42	42	(1) That the search and seizure were made without 26
43	43	warrant and without lawful authority; 27
44	44	(2) That the warrant was improper upon its face or was 28
45	45	illegally issued, including the issuance of a warrant 29
46	46	without proper showing of probable cause; 30
47	47	(3) That the property seized was not that described in 31
48	48	the warrant and that the officer was not otherwise lawfully 32
49	49	privileged to seize the sam e; 33
50	50	(4) That the warrant was illegally executed by the 34
51	51	officer; 35
52	52	(5) That in any other manner the search and seizure 36
53	53	violated the rights of the movant under Section 15 of 37
54	54	Article I of the Constitution of Missouri, or the fourth and 38
55	55	fourteenth amendments of the Constitution of the United 39
56	56	States; 40
57	57	(6) That the search and seizure were made without 41
58	58	warrant on the property of a landowner who fenced or posted 42
59	59	a "no trespassing" sign on the property or, by some other 43
60	60	means, indicated unmista kably that entry is not permitted, 44
61	61	except in the case of national security or in the case of a 45
62	62	missing person. 46
63	63	6. The judge shall receive evidence on any issue of 47
64	64	fact necessary to the decision of the motion. The burden of 48
65	65	going forward with the evidence and the risk of 49
66	66	nonpersuasion shall be upon the state to show by a 50 SB 625 3
67	67	preponderance of the evidence that the motion to suppress 51
68	68	should be overruled. 52
69	69	7. If the motion is sustained, the judge shall order 53
70	70	the property or matter delivered to t he moving party, unless 54
71	71	its retention is authorized or required by section 542.301, 55
72	72	or by any other law of this state. 56
73	73	542.525. No employee of a state agency or a political 1
74	74	subdivision of the state shall place any surveillance camera 2
75	75	or game camera on private property without first obtaining 3
76	76	consent from the landowner or the landowner's designee [;] or 4
77	77	a search warrant as required by and under Article I, Section 5
78	78	15 of the Constitution of Missouri or the Fourth and 6
79	79	Fourteenth Amendments of the Constitution of the United 7
80	80	States[; or permission from the highest ranking law 8
81	81	enforcement chief or officer of the agency or political 9
82	82	subdivision, provided that permission of the highest ranking 10
83	83	law enforcement chief or officer of the age ncy or political 11
84	84	subdivision is valid only when the camera is facing a 12
85	85	location that is open to public access or use and the camera 13
86	86	is located within one hundred feet of the intended 14
87	87	surveillance location ]. 15
88	88	