Missouri Revised Statutes
Chapter 650 - Department of Public Safety
Section 650.055 - Biological samples collected, certain felony offenses, when — use of sample — highway patrol and department of corrections, duty — DNA records and biological materials to be closed record, disclosure, when — expungement of record, w...

Effective - 28 Aug 2021, 6 histories
650.055. Biological samples collected, certain felony offenses, when — use of sample — highway patrol and department of corrections, duty — DNA records and biological materials to be closed record, disclosure, when — expungement of record, when. — 1. Every individual who:
(1) Is found guilty of a felony or any offense under chapter 566; or
(2) Is seventeen years of age or older and arrested for burglary in the first degree under section 569.160, or burglary in the second degree under section 569.170, or a felony offense under chapter 565, 566, 567, 568, or 573; or
(3) Has been determined to be a sexually violent predator pursuant to sections 632.480 to 632.513; or
(4) Is an individual required to register as a sexual offender under sections 589.400 to 589.425;
­­shall have a fingerprint and blood or scientifically accepted biological sample collected for purposes of DNA profiling analysis.
2. Any individual subject to DNA collection and profiling analysis under this section shall provide a DNA sample:
(1) Upon booking at a county jail or detention facility; or
(2) Upon entering or before release from the department of corrections reception and diagnostic centers; or
(3) Upon entering or before release from a county jail or detention facility, state correctional facility, or any other detention facility or institution, whether operated by a private, local, or state agency, or any mental health facility if committed as a sexually violent predator pursuant to sections 632.480 to 632.513; or
(4) When the state accepts a person from another state under any interstate compact, or under any other reciprocal agreement with any county, state, or federal agency, or any other provision of law, whether or not the person is confined or released, the acceptance is conditional on the person providing a DNA sample if the person was found guilty of a felony offense in any other jurisdiction; or
(5) If such individual is under the jurisdiction of the department of corrections. Such jurisdiction includes persons currently incarcerated, persons on probation, as defined in section 217.650, and on parole, as also defined in section 217.650; or
(6) At the time of registering as a sex offender under sections 589.400 to 589.425.
3. The Missouri state highway patrol and department of corrections shall be responsible for ensuring adherence to the law. Any person required to provide a DNA sample pursuant to this section shall be required to provide such sample, without the right of refusal, at a collection site designated by the Missouri state highway patrol and the department of corrections. Authorized personnel collecting or assisting in the collection of samples shall not be liable in any civil or criminal action when the act is performed in a reasonable manner. Such force may be used as necessary to the effectual carrying out and application of such processes and operations. The enforcement of these provisions by the authorities in charge of state correctional institutions and others having custody or jurisdiction over individuals included in subsection 1 of this section which shall not be set aside or reversed is hereby made mandatory. The division of probation and parole shall recommend that an individual on probation or parole who refuses to provide a DNA sample have his or her probation or parole revoked. In the event that a person's DNA sample is not adequate for any reason, the person shall provide another sample for analysis.
4. The procedure and rules for the collection, analysis, storage, expungement, use of DNA database records and privacy concerns shall not conflict with procedures and rules applicable to the Missouri DNA profiling system and the Federal Bureau of Investigation's DNA databank system.
5. Unauthorized use or dissemination of individually identifiable DNA information in a database for purposes other than criminal justice or law enforcement is a class A misdemeanor.
6. Implementation of sections 650.050 to 650.100 shall be subject to future appropriations to keep Missouri's DNA system compatible with the Federal Bureau of Investigation's DNA databank system.
7. All DNA records and biological materials retained in the DNA profiling system are considered closed records pursuant to chapter 610. All records containing any information held or maintained by any person or by any agency, department, or political subdivision of the state concerning an individual's DNA profile shall be strictly confidential and shall not be disclosed, except to:
(1) Peace officers, as defined in section 590.010, and other employees of law enforcement agencies who need to obtain such records to perform their public duties;
(2) The attorney general or any assistant attorneys general acting on his or her behalf, as defined in chapter 27;
(3) Prosecuting attorneys or circuit attorneys as defined in chapter 56, and their employees who need to obtain such records to perform their public duties;
(4) The individual whose DNA sample has been collected, or his or her attorney; or
(5) Associate circuit judges, circuit judges, judges of the courts of appeals, supreme court judges, and their employees who need to obtain such records to perform their public duties.
8. Any person who obtains records pursuant to the provisions of this section shall use such records only for investigative and prosecutorial purposes, including but not limited to use at any criminal trial, hearing, or proceeding; or for law enforcement identification purposes, including identification of human remains. Such records shall be considered strictly confidential and shall only be released as authorized by this section.
9. (1) An individual may request expungement of his or her DNA sample and DNA profile through the court issuing the reversal or dismissal, or through the court granting an expungement of all official records under section 568.040. A certified copy of the court order establishing that such conviction has been reversed, guilty plea has been set aside, or expungement has been granted under section 568.040 shall be sent to the Missouri state highway patrol crime laboratory. Upon receipt of the court order, the laboratory will determine that the requesting individual has no other qualifying offense as a result of any separate plea or conviction and no other qualifying arrest prior to expungement.
(2) A person whose DNA record or DNA profile has been included in the state DNA database in accordance with this section and sections 650.050, 650.052, and 650.100 may request expungement on the grounds that the conviction has been reversed, the guilty plea on which the authority for including that person's DNA record or DNA profile was based has been set aside, or an expungement of all official records has been granted by the court under section 568.040.
(3) Upon receipt of a written request for expungement, a certified copy of the final court order reversing the conviction, setting aside the plea, or granting an expungement of all official records under section 568.040, and any other information necessary to ascertain the validity of the request, the Missouri state highway patrol crime laboratory shall expunge all DNA records and identifiable information in the state DNA database pertaining to the person and destroy the DNA sample of the person, unless the Missouri state highway patrol determines that the person is otherwise obligated to submit a DNA sample. Within thirty days after the receipt of the court order, the Missouri state highway patrol shall notify the individual that it has expunged his or her DNA sample and DNA profile, or the basis for its determination that the person is otherwise obligated to submit a DNA sample.
(4) The Missouri state highway patrol is not required to destroy any item of physical evidence obtained from a DNA sample if evidence relating to another person would thereby be destroyed.
(5) Any identification, warrant, arrest, or evidentiary use of a DNA match derived from the database shall not be excluded or suppressed from evidence, nor shall any conviction be invalidated or reversed or plea set aside due to the failure to expunge or a delay in expunging DNA records.
10. When a DNA sample is taken from an individual pursuant to subdivision (2) of subsection 1 of this section and the prosecutor declines prosecution and notifies the arresting agency of that decision, the arresting agency shall notify the Missouri state highway patrol crime laboratory within ninety days of receiving such notification. Within thirty days of being notified by the arresting agency that the prosecutor has declined prosecution, the Missouri state highway patrol crime laboratory shall determine whether the individual has any other qualifying offenses or arrests that would require a DNA sample to be taken and retained. If the individual has no other qualifying offenses or arrests, the crime laboratory shall expunge all DNA records in the database taken at the arrest for which the prosecution was declined pertaining to the person and destroy the DNA sample of such person.
11. When a DNA sample is taken of an arrestee for any offense listed under subsection 1 of this section and charges are filed:
(1) If the charges are later withdrawn, the prosecutor shall notify the state highway patrol crime laboratory that such charges have been withdrawn;
(2) If the case is dismissed, the court shall notify the state highway patrol crime laboratory of such dismissal;
(3) If the court finds at the preliminary hearing that there is no probable cause that the defendant committed the offense, the court shall notify the state highway patrol crime laboratory of such finding;
(4) If the defendant is found not guilty, the court shall notify the state highway patrol crime laboratory of such verdict.
­­If the state highway patrol crime laboratory receives notice under this subsection, such crime laboratory shall determine, within thirty days, whether the individual has any other qualifying offenses or arrests that would require a DNA sample to be taken. If the individual has no other qualifying arrests or offenses, the crime laboratory shall expunge all DNA records in the database pertaining to such person and destroy the person's DNA sample.
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(L. 1991 S.B. 152 § 3, A.L. 1996 S.B. 578, A.L. 2004 S.B. 1000, A.L. 2005 H.B. 353 merged with S.B. 423, A.L. 2006 S.B. 1023, A.L. 2009 H.B. 62 merged with H.B. 152 merged with H.B. 481, A.L. 2012 S.B. 789, A.L. 2017 S.B. 34, A.L. 2021 S.B. 26 merged with S.B. 53 & 60)

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XL - Additional Executive Departments

Chapter 650 - Department of Public Safety

Section 650.005 - Department of public safety created — director, appointment — department's duties — rules, procedure.

Section 650.020 - Operation payback — reimbursement for crime tips — rules.

Section 650.025 - Missing and endangered persons advisory system created — definitions — rulemaking authority.

Section 650.030 - State firearms training and qualification standard for retired law enforcement officers carrying concealed weapons, rules.

Section 650.035 - Missouri law enforcement assistance program, purpose — funding, eligibility.

Section 650.050 - DNA profiling system to be established in department of public safety, purpose.

Section 650.052 - Consultation with crime laboratories — DNA system, powers and duties — expert testimony — rulemaking authority.

Section 650.055 - Biological samples collected, certain felony offenses, when — use of sample — highway patrol and department of corrections, duty — DNA records and biological materials to be closed record, disclosure, when — expungement of record, w...

Section 650.056 - Evidence capable of being tested for DNA must be preserved.

Section 650.057 - Local law enforcement agencies not to operate system, exceptions — rules authorized — DNA evidence in court use by local law enforcers.

Section 650.058 - Individuals who are actually innocent may receive restitution, amount, petition, definition, limitations and requirements — guilt confirmed by DNA testing, procedures — petitions for restitution — order of expungement.

Section 650.059 - Crime laboratory review commission established, purpose, members, vacancies, powers and duties.

Section 650.060 - Accreditation of crime laboratory required, when — exceptions — rulemaking authority.

Section 650.100 - Definitions.

Section 650.105 - Assistance program established — distribution of state funds — access to laboratories — limitation on establishment of new laboratories.

Section 650.110 - Jefferson County, crime laboratory, funding.

Section 650.120 - Grants to fund investigations of internet sex crimes against children — fund created — panel, membership, terms — local matching amounts — priorities — training standards — information sharing — panel recommendation — power of arres...

Section 650.125 - Citation of law — commission established, purpose, members, qualifications, meetings — duties — annual report.

Section 650.150 - Citation of law.

Section 650.153 - Definitions.

Section 650.156 - Formation of group — power of arrest — cooperation.

Section 650.159 - Interstate MEG agreements, powers and immunities of officers — effective, when.

Section 650.161 - Eligibility for state grants — department of public safety to monitor units.

Section 650.165 - Report required, when.

Section 650.200 - Citation of act — applicability.

Section 650.205 - Definitions.

Section 650.210 - Board, created — members, appointment, qualifications, expenses — meetings, when, where.

Section 650.215 - Rules, promulgation — procedure.

Section 650.220 - Boilers and pressure vessels to conform to rules, exceptions.

Section 650.225 - Maximum allowable pressure.

Section 650.230 - Exemptions.

Section 650.235 - Chief inspector, appointment, qualifications, powers, duties.

Section 650.240 - Deputy inspectors, appointment, qualifications.

Section 650.245 - Special inspectors, appointed, when — qualifications, duties.

Section 650.250 - Examinations, contents, fee — commissions, renewal, fees.

Section 650.255 - Commissions, suspension, reinstatement, procedure — lost, replaced, how.

Section 650.260 - Inspections, how conducted, when, by whom — director and inspectors, access to premises, when, duties — test, when, fee.

Section 650.265 - Inspection report, filed with chief inspector, when — inspection records, how maintained — annual statement, filed, where, fee — inspection certificate, suspended, reinstated, when.

Section 650.270 - Operation without inspection certificate, penalty.

Section 650.275 - Inspection fees.

Section 650.277 - Fees for inspection, permits, licenses, and certificates, amount determined by board — boiler and pressure vessels safety fund established.

Section 650.280 - Chief and deputy inspectors to furnish bond.

Section 650.285 - Appeals, procedure.

Section 650.290 - Law not applicable in certain cities and counties.

Section 650.295 - Backflow prevention assembly tester — eligibility for registration, licensing — political subdivisions may set additional standards.

Section 650.300 - Definitions.

Section 650.310 - Office of victims of crime established, purpose — duties.

Section 650.320 - Definitions.

Section 650.325 - Missouri 911 service board established.

Section 650.330 - Board members, duties — department of public safety to provide staff — rulemaking authority.

Section 650.335 - Loans and financial assistance from prepaid wireless emergency telephone charges — application, procedure, requirements.

Section 650.340 - 911 training and standards act.

Section 650.350 - Missouri sheriff methamphetamine relief taskforce created, members, compensation, meetings — MoSMART fund created — concealed carry permit fund created, grants — rulemaking authority — funding priorities.

Section 650.390 - Definitions.

Section 650.393 - Commission established, membership, terms.

Section 650.396 - Tax authorized, when, amount.

Section 650.399 - Tax levied, vote required, ballot language — effective date — fund created, use of moneys.

Section 650.402 - Emergency communications system fund established, use of funds, administration.

Section 650.405 - Powers and responsibilities of board.

Section 650.408 - Bonds, issuance authorized for operation and maintenance of system — submission to the voters, ballot language, use of money.

Section 650.411 - Use of moneys derived from the sale of bonds.

Section 650.450 - Citation.

Section 650.451 - Definitions.

Section 650.454 - Medals for extraordinary valor may be issued to public safety officers, when — surviving relatives may receive medal on person's behalf.

Section 650.457 - Missouri Medal of Valor Review Board established, membership — term — vacancies — duties.

Section 650.460 - Missouri Public Safety Officer Medal of Valor Fund established — use of funds.

Section 650.475 - Prohibiting or restricting communication with federal authorities regarding citizenship or immigration, unlawful when — attorney general to issue opinion, when — rights of public employees.

Section 650.520 - Law enforcement, suspects in the killing or seriously wounding of, alert system created — department to develop and administer — false report, penalty.

Section 650.550 - Economic distress zone fund created, use of moneys — rulemaking authority — definition — termination date.