Missouri Revised Statutes
Chapter 650 - Department of Public Safety
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.

Effective - 28 Aug 2021, 4 histories
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. — 1. Notwithstanding the sovereign immunity of the state, any individual who was found guilty of a felony in a Missouri court and was later determined to be actually innocent of such crime solely as a result of DNA profiling analysis may be paid restitution. The individual may receive an amount of one hundred dollars per day for each day of postconviction incarceration for the crime for which the individual is determined to be actually innocent. The petition for the payment of said restitution shall be filed with the sentencing court. For the purposes of this section, the term "actually innocent" shall mean:
(1) The individual was convicted of a felony for which a final order of release was entered by the court;
(2) All appeals of the order of release have been exhausted;
(3) The individual was not serving any term of a sentence for any other crime concurrently with the sentence for which he or she is determined to be actually innocent, unless such individual was serving another concurrent sentence because his or her parole was revoked by a court or the parole board in connection with the crime for which the person has been exonerated. Regardless of whether any other basis may exist for the revocation of the person's probation or parole at the time of conviction for the crime for which the person is later determined to be actually innocent, when the court's or the parole board's sole stated reason for the revocation in its order is the conviction for the crime for which the person is later determined to be actually innocent, such order shall, for purposes of this section only, be conclusive evidence that their probation or parole was revoked in connection with the crime for which the person has been exonerated; and
(4) Testing ordered under section 547.035, or testing by the order of any state or federal court, if such person was exonerated on or before August 28, 2004, or testing ordered under section 650.055, if such person was or is exonerated after August 28, 2004, demonstrates a person's innocence of the crime for which the person is in custody.
­­Any individual who receives restitution under this section shall be prohibited from seeking any civil redress from the state, its departments and agencies, or any employee thereof, or any political subdivision or its employees. This section shall not be construed as a waiver of sovereign immunity for any purposes other than the restitution provided for herein. The department of corrections shall determine the aggregate amount of restitution owed during a fiscal year. If insufficient moneys are appropriated each fiscal year to pay restitution to such persons, the department shall pay each individual who has received an order awarding restitution a pro rata share of the amount appropriated. Provided sufficient moneys are appropriated to the department, the amounts owed to such individual shall be paid on June thirtieth of each subsequent fiscal year, until such time as the restitution to the individual has been paid in full. However, no individual awarded restitution under this subsection shall receive more than thirty-six thousand five hundred dollars during each fiscal year. No interest on unpaid restitution shall be awarded to the individual. No individual who has been determined by the court to be actually innocent shall be responsible for the costs of care under section 217.831.
2. If the results of the DNA testing confirm the person's guilt, then the person filing for DNA testing under section 547.035, shall:
(1) Be liable for any reasonable costs incurred when conducting the DNA test, including but not limited to the cost of the test. Such costs shall be determined by the court and shall be included in the findings of fact and conclusions of law made by the court; and
(2) Be sanctioned under the provisions of section 217.262.
3. A petition for payment of restitution under this section may only be filed by the individual determined to be actually innocent or the individual's legal guardian. No claim or petition for restitution under this section may be filed by the individual's heirs or assigns. An individual's right to receive restitution under this section is not assignable or otherwise transferrable. The state's obligation to pay restitution under this section shall cease upon the individual's death. Any beneficiary designation that purports to bequeath, assign, or otherwise convey the right to receive such restitution shall be void and unenforceable.
4. An individual who is determined to be actually innocent of a crime under this chapter shall automatically be granted an order of expungement from the court in which he or she pled guilty or was sentenced to expunge from all official records all recordations of his or her arrest, plea, trial or conviction. Upon granting of the order of expungement, the records and files maintained in any administrative or court proceeding in an associate or circuit division of the court shall be confidential and only available to the parties or by order of the court for good cause shown. The effect of such order shall be to restore such person to the status he or she occupied prior to such arrest, plea or conviction and as if such event had never taken place. No person as to whom such order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his or her failure to recite or acknowledge such arrest, plea, trial, conviction or expungement in response to any inquiry made of him or her for any purpose whatsoever and no such inquiry shall be made for information relating to an expungement under this section.
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(L. 2006 S.B. 1023, A.L. 2016 H.B. 1765, A.L. 2019 H.B. 547, 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.