Effective - 21 Sep 2020
491.641. Pretrial witness protection services fund created — use of moneys — application, contents, closed record. — 1. (1) There is hereby created in the state treasury the "Pretrial Witness Protection Services Fund", which shall consist of moneys collected under this section. The state treasurer shall be custodian of the fund. In accordance with sections 30.170 and 30.180, the state treasurer may approve disbursements. The fund shall be a dedicated fund and money in the fund shall be used solely by the department of public safety for the purposes of witness protection services pursuant to this section.
(2) Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund.
(3) The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund.
2. Any law enforcement agency may provide for the security of witnesses, potential witnesses, and their immediate families in criminal proceedings instituted or investigations pending against a person alleged to have engaged in a violation of state law. Providing for witnesses may include provision of housing facilities and for the health, safety, and welfare of such witnesses and their immediate families, if testimony by such a witness might subject the witness or a member of his or her immediate family to danger of bodily injury, and may continue so long as such danger exists. Subject to appropriations from the general assembly for the purposes provided for in this section, funds may be appropriated from the pretrial witness protection services fund.
3. The department of public safety may authorize funds to be disbursed to law enforcement agencies for the purchase, rental, or modification of protected housing facilities for the purpose of this section. The law enforcement agency may contract with any department of federal or state government to obtain or to provide the facilities or services to carry out this section.
4. The department of public safety may authorize expenditures for law enforcement agencies to provide for the health, safety, and welfare of witnesses and victims, and the families of such witnesses and victims, whenever testimony from, or a willingness to testify by, such a witness or victim would place the life of such person, or a member of his or her family or household, in jeopardy. A law enforcement agency shall submit an application to the department of public safety which shall include, but not necessarily be limited to:
(1) Statement of conditions which qualify persons for protection;
(2) Precise methods the originating agency will use to provide protection, including relocation of persons and reciprocal agreements with other law enforcement agencies;
(3) Statement of the projected costs over a specified period of time;
(4) If the requesting agency expects the person to provide evidence in any court of competent jurisdiction:
(a) Brief statement of the anticipated evidence;
(b) Certification of a reasonable belief in the person's competency to give evidence;
(c) Statement of facts supporting the law enforcement agency's belief in the accuracy of the evidence; and
(d) Any offer made in exchange for the person agreeing to give evidence.
5. The application submitted in subsection 4 of this section shall be a closed record and not subject to disclosure under the provisions of chapter 610. Any information contained in the application, or any other documents, which reveals or could reveal the location or address of the individual or individuals who qualify for services under this section shall be confidential and shall not be disclosed by any entity.
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(L. 2020 1st Ex. Sess. H.B. 66)
Effective 9-21-20
Structure Missouri Revised Statutes
Title XXXIII - Evidence and Legal Advertisements
Section 491.016 - Otherwise inadmissible witness statement admissible in criminal proceeding, when.
Section 491.030 - Adverse party may be compelled to testify in civil cases.
Section 491.040 - Sections 491.010 and 491.030 construed.
Section 491.060 - Persons incompetent to testify — exceptions, children in certain cases.
Section 491.070 - Cross-examination of witnesses — scope.
Section 491.075 - Statement of child under fourteen or vulnerable person admissible, when.
Section 491.080 - Testimony of witness not to be used to convict him of fraud.
Section 491.090 - Summons of witnesses — procedure — consequences of failure to appear.
Section 491.110 - Subpoenas, by whom served.
Section 491.120 - Subpoenas, how served and returned.
Section 491.130 - Fees to be tendered, when.
Section 491.140 - Witness liable to action, when.
Section 491.150 - Attendance, how enforced.
Section 491.160 - Attachment may issue, when.
Section 491.170 - Witness attached, may be discharged on bail.
Section 491.180 - Penalty where party refuses to attend and testify.
Section 491.190 - Fine for nonattendance.
Section 491.200 - Penalty for refusing to testify.
Section 491.205 - Court may compel testimony, witness immunity, exception, when, penalty.
Section 491.210 - Witness not excused from testifying, when.
Section 491.220 - Witness, when free from arrest.
Section 491.240 - Writ to obtain witness from county jail.
Section 491.250 - Application for writ.
Section 491.260 - Application of prosecuting officers.
Section 491.270 - Prisoner to be remanded after testifying.
Section 491.280 - Fees of witnesses.
Section 491.290 - Fees, how paid.
Section 491.310 - Associate circuit judge to issue subpoenas.
Section 491.320 - Validity of subpoena.
Section 491.330 - Associate circuit judge may order witness attached, when.
Section 491.340 - Attachment to be executed as in criminal cases — cost.
Section 491.350 - Penalty for failure to obey subpoena without excuse.
Section 491.360 - Continuance of case — associate circuit judge to notify witnesses.
Section 491.370 - Cost of surplus witnesses paid by whom.
Section 491.380 - Competency of witnesses, how determined — oath of witnesses.
Section 491.400 - Definitions.
Section 491.410 - Summoning witness in this state to testify in another state.
Section 491.420 - Witness from another state summoned to testify in this state.
Section 491.430 - Exemption from arrest and service of process.
Section 491.440 - Uniformity of interpretation.
Section 491.450 - Short title.
Section 491.600 - Courts with criminal jurisdiction may issue orders to protect witness or victim.
Section 491.610 - Violation of protective orders, penalties.
Section 491.675 - Citation of sections 491.675 to 491.705.
Section 491.678 - Child defined.
Section 491.685 - Defendant may be excluded from child victim deposition proceedings, when.
Section 491.687 - Court may order videotaped reexamination, when.
Section 491.693 - Testimony to be under oath.
Section 491.696 - Child defined — videotaped testimony for juvenile court hearings.
Section 491.705 - Court may order videotaped reexamination, when — testimony to be under oath.
Section 491.725 - Citation of law — definitions — applicability.