590.180. Licensure status of peace officer inadmissible in determining validity of arrest--open records of peace officers.

MISSOURI STATUTES AND CODES

590.180. Licensure status of peace officer inadmissible in determining validity of arrest--open records of peace officers.

Licensure status of peace officer inadmissible in determiningvalidity of arrest--open records of peace officers.

590.180. 1. No arrest shall be deemed unlawful solely because of thelicensure status of a peace officer, and evidence on the question cannot bereceived in any civil or criminal case.

2. The name, licensure status, and commissioning or employing lawenforcement agency, if any, of applicants and licensees pursuant to thischapter shall be an open record. All other records retained by thedirector pertaining to any applicant or licensee shall be confidential andshall not be disclosed to the public or any member of the public, exceptwith written consent of the person or entity whose records are involved,provided, however, that the director may disclose such information in thecourse of voluntary interstate exchange of information, during the courseof litigation involving the director, to other state agencies, or, upon afinal determination of cause to discipline, to law enforcement agencies.No closed record conveyed to the director pursuant to this chapter shalllose its status as a closed record solely because it is retained by thedirector. Nothing in this section shall be used to compel the director todisclose any record subject to attorney-client privilege or work-productprivilege.

3. In any investigation, hearing, or other proceeding pursuant tothis chapter, any record relating to any applicant or licensee shall bediscoverable by the director and shall be admissible into evidence,regardless of any statutory or common law privilege or the status of anyrecord as open or closed, including records in criminal cases whether ornot a sentence has been imposed. No person or entity shall withholdrecords or testimony bearing upon the fitness to be commissioned as a peaceofficer of any applicant or licensee on the ground of any privilegeinvolving the applicant or licensee, with the exception of attorney-clientprivilege.

4. Any person or entity submitting information to the directorpursuant to this chapter and doing so in good faith and without negligenceshall be immune from all criminal and civil liability arising from thesubmission of such information and no cause of action of any nature shallarise against such person.

5. No person shall make any unauthorized use of any testing materialsor certification examination administered pursuant to subsection 2 ofsection 590.030.