43.503. Arrest, charge and disposition of misdemeanors and felonies to be sent to highway patrol--procedure for certain juveniles. - Missouri Statutes

Arrest, charge and disposition of misdemeanors and felonies to besent to highway patrol--procedure for certain juveniles.

43.503. 1. For the purpose of maintaining complete and accuratecriminal history record information, all police officers of this state, theclerk of each court, the department of corrections, the sheriff of eachcounty, the chief law enforcement official of a city not within a countyand the prosecuting attorney of each county or the circuit attorney of acity not within a county shall submit certain criminal arrest, charge, anddisposition information to the central repository for filing without unduedelay in the form and manner required by sections 43.500 to 43.543.

2. All law enforcement agencies making misdemeanor and felony arrestsas determined by section 43.506 shall furnish without undue delay, to thecentral repository, fingerprints, photograph, and if available, any otherunique biometric identification collected, charges, appropriate chargecodes, and descriptions of all persons who are arrested for such offenseson standard fingerprint forms supplied or approved by the highway patrol orelectronically in a format and manner approved by the highway patrol and incompliance with the standards set by the Federal Bureau of Investigation inits Automated Fingerprint Identification System or its successor program.All such agencies shall also notify the central repository of all decisionsnot to refer such arrests for prosecution. An agency making such arrestsmay enter into arrangements with other law enforcement agencies for thepurpose of furnishing without undue delay such fingerprints, photograph,and if available, any other unique biometric identification collected,charges, appropriate charge codes, and descriptions to the centralrepository upon its behalf.

3. In instances where an individual less than seventeen years of ageand not currently certified as an adult is taken into custody for anoffense which would be a felony if committed by an adult, the arrestingofficer shall take fingerprints for the central repository. Thesefingerprints shall be taken on fingerprint cards supplied by or approved bythe highway patrol or transmitted electronically in a format and mannerapproved by the highway patrol and in compliance with the standards set bythe Federal Bureau of Investigation in its Automated FingerprintIdentification System or its successor program. The fingerprint cardsshall be so constructed that the name of the juvenile should not be madeavailable to the central repository. The individual's name and the uniquenumber associated with the fingerprints and other pertinent informationshall be provided to the court of jurisdiction by the agency taking thejuvenile into custody. The juvenile's fingerprints and other informationshall be forwarded to the central repository and the courts without unduedelay. The fingerprint information from the card shall be captured andstored in the automated fingerprint identification system operated by thecentral repository. In the event the fingerprints are found to match othertenprints or unsolved latent prints, the central repository shall notifythe submitting agency who shall notify the court of jurisdiction as perlocal agreement. Under section 211.031, RSMo, in instances where ajuvenile over fifteen and one-half years of age is alleged to have violateda state or municipal traffic ordinance or regulation, which does notconstitute a felony, and the juvenile court does not have jurisdiction, thejuvenile shall not be fingerprinted unless certified as an adult.

4. Upon certification of the individual as an adult, the certifyingcourt shall order a law enforcement agency to immediately fingerprint andphotograph the individual and certification papers will be forwarded to theappropriate law enforcement agency with the order for fingerprinting. Thelaw enforcement agency shall submit such fingerprints, photograph, andcertification papers to the central repository within fifteen days andshall furnish the offense cycle number associated with the fingerprints tothe prosecuting attorney or the circuit attorney of a city not within acounty and to the clerk of the court ordering the subject fingerprinted.If the juvenile is acquitted of the crime and is no longer certified as anadult, the prosecuting attorney shall notify within fifteen days thecentral repository of the change of status of the juvenile. Records of achild who has been fingerprinted and photographed after being taken intocustody shall be closed records as provided under section 610.100, RSMo, ifa petition has not been filed within thirty days of the date that the childwas taken into custody; and if a petition for the child has not been filedwithin one year of the date the child was taken into custody, any recordsrelating to the child concerning the alleged offense may be expunged underthe procedures in sections 610.122 to 610.126, RSMo.

5. The prosecuting attorney of each county or the circuit attorney ofa city not within a county or the municipal prosecuting attorney shallnotify the central repository on standard forms supplied by the highwaypatrol or in a manner approved by the highway patrol of his or her decisionto not file a criminal charge on any charge referred to such prosecutingattorney or circuit attorney for criminal charges. All records forwardedto the central repository and the courts by prosecutors or circuitattorneys as required by sections 43.500 to 43.530 shall include the stateoffense cycle number of the offense, the charge code for the offense, andthe originating agency identifier number of the reporting prosecutor, usingsuch numbers as assigned by the highway patrol.

6. The clerk of the courts of each county or city not within a countyor municipal court clerk shall furnish the central repository, on standardforms supplied by the highway patrol or in a manner approved by the highwaypatrol, with a record of all charges filed, including all those addedsubsequent to the filing of a criminal court case, amended charges, and allfinal dispositions of cases for which the central repository has a recordof an arrest or a record of fingerprints reported pursuant to sections43.500 to 43.506. Such information shall include, for each charge:

(1) All judgments of not guilty, acquittals on the ground of mentaldisease or defect excluding responsibility, judgments or pleas of guiltyincluding the sentence, if any, or probation, if any, pronounced by thecourt, nolle pros, discharges, releases and dismissals in the trial court;

(2) Court orders filed with the clerk of the courts which reverse areported conviction or vacate or modify a sentence;

(3) Judgments terminating or revoking a sentence to probation,supervision or conditional release and any resentencing after suchrevocation; and

(4) The offense cycle number of the offense, and the originatingagency identifier number of the sentencing court, using such numbers asassigned by the highway patrol.

7. The clerk of the courts of each county or city not within a countyshall furnish, to the department of corrections or department of mentalhealth, court judgment and sentence documents and the state offense cyclenumber and the charge code of the offense which resulted in the commitmentor assignment of an offender to the jurisdiction of the department ofcorrections or the department of mental health if the person is committedpursuant to chapter 552, RSMo. This information shall be reported to thedepartment of corrections or the department of mental health at the time ofcommitment or assignment. If the offender was already in the custody ofthe department of corrections or the department of mental health at thetime of such subsequent conviction, the clerk shall furnish notice of suchsubsequent conviction to the appropriate department by certified mail,return receipt requested, or in a manner and format mutually agreed to,within fifteen days of such disposition.

8. Information and fingerprints, photograph and if available, * anyother unique biometric identification collected, forwarded to the centralrepository, normally obtained from a person at the time of the arrest, maybe obtained at any time the subject is in the criminal justice system orcommitted to the department of mental health. A law enforcement agency orthe department of corrections may fingerprint, photograph, and capture anyother unique biometric identification of the person unless collecting otherunique biometric identification of the person is not financially feasiblefor the law enforcement agency, and obtain the necessary information at anytime the subject is in custody. If at the time of any court appearance,the defendant has not been fingerprinted and photographed for an offense inwhich a fingerprint and photograph is required by statute to be collected,maintained, or disseminated by the central repository, the court shallorder a law enforcement agency or court marshal to fingerprint andphotograph immediately the defendant. The order for fingerprints shallcontain the offense, charge code, date of offense, and any otherinformation necessary to complete the fingerprint card. The lawenforcement agency or court marshal shall submit such fingerprints,photograph, and if available, any other unique biometric identificationcollected, to the central repository without undue delay and within thirtydays and shall furnish the offense cycle number associated with thefingerprints to the prosecuting attorney or the circuit attorney of a citynot within a county and to the court clerk of the court ordering thesubject fingerprinted.

9. The department of corrections and the department of mental healthshall furnish the central repository with all information concerning thereceipt, escape, execution, death, release, pardon, parole, commutation ofsentence, granting of executive clemency, legal name change, or dischargeof an individual who has been sentenced to that department's custody forany offenses which are mandated by law to be collected, maintained ordisseminated by the central repository. All records forwarded to thecentral repository by the department as required by sections 43.500 to43.543 shall include the offense cycle number of the offense, and theoriginating agency identifier number of the department using such numbersas assigned by the highway patrol.

(L. 1986 H.B. 873 & 874 § 2, A.L. 1990 H.B. 974, A.L. 1992 S.B. 638, A.L. 1993 S.B. 180, A.L. 1995 H.B. 174, et al., A.L. 1998 H.B. 1095, A.L. 2001 S.B. 267, A.L. 2003 S.B. 184, A.L. 2004 H.B. 1453, A.L. 2009 H.B. 62)

*Word "and" appears in original rolls.