Effective - 28 Aug 2018, 2 histories
589.664. Disclosure of address, when — notice — limitation on dissemination. — 1. If an individual is deemed a participant in the address confidentiality program by the secretary of state, no person or entity shall be compelled to disclose the participant's actual address during the discovery phase of or during a proceeding before a court or other tribunal unless the court or tribunal first finds, on the record, that:
(1) There is a reasonable belief that the address is needed to obtain information or evidence without which the investigation, prosecution, or litigation cannot proceed; and
(2) There is no other practicable way of obtaining the information or evidence.
2. The court shall first provide the program participant and the secretary notice that address disclosure is sought.
3. The program participant shall have an opportunity to present evidence regarding the potential harm to the safety of the program participant if the address is disclosed. In determining whether to compel disclosure, the court shall consider whether the potential harm to the safety of the participant is outweighed by the interest in disclosure.
4. Notwithstanding any other provision of law to the contrary, no court shall order an individual who has had his or her application to the program accepted by the secretary to disclose his or her actual address or the location of his or her residence without giving the secretary proper notice. The secretary shall have the right to intervene in any civil proceeding in which a court is considering ordering a participant to disclose his or her actual address.
5. Disclosure of a participant's actual address under this section shall be limited under the terms of the order to ensure that the disclosure and dissemination of the actual address will be no greater than necessary for the purposes of the investigation, prosecution, or litigation.
6. Nothing in this section shall be construed to prevent the court or any other tribunal from issuing a protective order to prevent the disclosure of information other than the participant's actual address that could reasonably lead to the discovery of the program participant's location.
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(L. 2017 S.B. 34, A.L. 2018 H.B. 1461)
Structure Missouri Revised Statutes
Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders
Chapter 589 - Crime Prevention and Control Programs and Services
Section 589.010 - Short title.
Section 589.015 - Definitions.
Section 589.035 - Center to be separate entity within department — effective date.
Section 589.040 - Duties of department of corrections — certain inmates to participate in programs.
Section 589.200 - Definitions.
Section 589.210 - Authorized agency may require information relevant to theft claim from insurer.
Section 589.300 - Definitions.
Section 589.305 - Department may solicit funds.
Section 589.307 - Fund established, administration, purpose.
Section 589.401 - Removal from registry, petition, procedure.
Section 589.404 - Definitions.
Section 589.405 - Court's duties upon release of sexual offender.
Section 589.410 - Highway patrol to be notified, information to be made a part of MULES.
Section 589.425 - Failure to register, penalty — subsequent violations, penalty.
Section 589.426 - Halloween, restrictions on conduct — violations, penalty.
Section 589.506 - Definitions.
Section 589.509 - Compact commission, duties, members, voting — executive committee established.
Section 589.512 - Commissioner appointed, membership of state council.
Section 589.515 - Commission powers and duties.
Section 589.518 - Bylaws, organization and operation.
Section 589.524 - Maintenance of corporate books and records.
Section 589.527 - Qualified immunity, defense and indemnification.
Section 589.530 - Actions of commission, procedure.
Section 589.533 - Rulemaking authority, procedure.
Section 589.539 - Dispute resolution.
Section 589.542 - Enforcement.
Section 589.548 - Eligibility of compacting states — effective date of compact — amendments.
Section 589.557 - Judicial enforcement.
Section 589.560 - Dissolution of compact.
Section 589.563 - Severability clause.
Section 589.566 - Effect of other laws.
Section 589.569 - Binding effect of the compact.
Section 589.660 - Definitions.
Section 589.663 - Program created, purpose, procedures.
Section 589.664 - Disclosure of address, when — notice — limitation on dissemination.
Section 589.666 - Cancellation of certification, when.
Section 589.669 - Address accepted as participant's address, when.
Section 589.672 - Availability of participant addresses.
Section 589.675 - Inspection and copying of addresses, when.
Section 589.678 - Application, supporting materials, and communications not public records.