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Section: 595.0037 Open records, exceptions--department order to close records. RSMO 595.037


Published: 2015

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Missouri Revised Statutes













Chapter 595

Victims of Crimes, Compensation and Services

←595.036

Section 595.037.1

595.040→

August 28, 2015

Open records, exceptions--department order to close records.

595.037. 1. All information submitted to the department and any

hearing of the department on a claim filed pursuant to sections 595.010 to

595.075 shall be open to the public except for the following claims which

shall be deemed closed and confidential:



(1) A claim in which the alleged assailant has not been brought to

trial and disclosure of the information or a public hearing would adversely

affect either the apprehension, or the trial, of the alleged assailant;



(2) A claim in which the offense allegedly perpetrated against the

victim is rape, sodomy or sexual abuse and it is determined by the

department to be in the best interest of the victim or of the victim's

dependents that the information be kept confidential or that the public be

excluded from the hearing;



(3) A claim in which the victim or alleged assailant is a minor; or



(4) A claim in which any record or report obtained by the department,

the confidentiality of which is protected by any other law, shall remain

confidential subject to such law.



2. The department may close any record, report or hearing if it

determines that the interest of justice would be frustrated rather than

furthered if such record or report was disclosed or if the hearing was open

to the public.



(L. 1993 S.B. 19, A.L. 2009 S.B. 338, A.L. 2014 H.B. 1299 Revision)





2009

1993



2009



595.037. 1. All information submitted to the department or division of

workers' compensation and any hearing of the division of workers'

compensation on a claim filed pursuant to sections 595.010 to 595.075 shall

be open to the public except for the following claims which shall be deemed

closed and confidential:



(1) A claim in which the alleged assailant has not been brought to trial

and disclosure of the information or a public hearing would adversely affect

either the apprehension, or the trial, of the alleged assailant;



(2) A claim in which the offense allegedly perpetrated against the

victim is rape, sodomy or sexual abuse and it is determined by the department

or division of workers' compensation to be in the best interest of the victim

or of the victim's dependents that the information be kept confidential or

that the public be excluded from the hearing;



(3) A claim in which the victim or alleged assailant is a minor; or



(4) A claim in which any record or report obtained by the department or

division of workers' compensation, the confidentiality of which is protected

by any other law, shall remain confidential subject to such law.



2. The department and division of workers' compensation, by separate

order, may close any record, report or hearing if it determines that the

interest of justice would be frustrated rather than furthered if such record

or report was disclosed or if the hearing was open to the public.



1993



595.037. 1. All information submitted to the division and

any hearing of the division on a claim filed pursuant to sections

595.010 to 595.070 shall be open to the public except for the

following claims which shall be deemed closed and confidential:



(1) A claim in which the alleged assailant has not been

brought to trial and disclosure of the information or a public

hearing would adversely affect either the apprehension, or the

trial, of the alleged assailant;



(2) A claim in which the offense allegedly perpetrated

against the victim is rape, sodomy or sexual abuse and it is

determined by the division to be in the best interest of the

victim or of the victim's dependents that the information be kept

confidential or that the public be excluded from the hearing;



(3) A claim in which the victim or alleged assailant is a

minor; or



(4) A claim in which any record or report obtained by the

division, the confidentiality of which is protected by any other

law, shall remain confidential subject to such law.



2. The division, by separate order, may close any record,

report or hearing if it determines that the interest of justice

would be frustrated rather than furthered if such record or

report was disclosed or if the hearing was open to the public.



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