Perfected

JUDICIAL PRIVACY ACT (476.1300 to 476.1313)

This act establishes the "Judicial Privacy Act", which regulates the use of a judicial officer's personal information.

Upon receiving a written request, a government agency, as defined in the act, shall not publicly post or display a judicial officer's personal information in publicly available content, which includes documents or records that may be obtained by any person or entity, from the internet, upon request to the government agency, or in response to a request pursuant to the Missouri Sunshine Law or the federal Freedom of Information Act. A written request is a written or electronic notice signed by the judicial officer and submitted to the clerk of the Supreme Court of Missouri, or for a federal judicial officer to his or her clerk of the court, for transmittal to the government agency, person, business, or association.

After receiving a written request, the government agency shall remove the judicial officer's personal information from publicly available content within five business days. After removal, the government agency shall not publicly post or display the information and such information shall be exempted from the Missouri Sunshine Law. If a government agency fails to comply, the judicial officer may bring an action for injunctive or declaratory relief. If the court grants injunctive or declaratory relief, the court may award costs and reasonable attorney's fees.

No person, business, or association shall publicly post or display on the internet a judicial officer's personal information if the judicial officer has made a written request. Further, this act provides that no person, business, or association shall solicit, sell, or trade on the internet a judicial officer's personal information for purposes of harassing, intimidating, or influencing a judicial officer in violation of the offense of tampering with a judicial officer or with the intent to pose an imminent and serious threat to the health and safety of the judicial officer or the judicial officer's immediate family.

A person, business, or association shall have five business days to remove the judicial officer's personal information after receiving a written request. Additionally, after receiving a request, the person, business, or association shall continue to ensure that the judicial officer's personal information is not made available on any website controlled by such person, business, or association and shall not make the judicial officer's personal information public through any medium. If a judicial officer's personal information is made public in violation of this act, the judicial officer may bring an injunctive or declaratory action. If the court grants injunctive or declaratory relief, the person, business, or association responsible for the violation shall be required to pay the judicial officer's costs and reasonable attorney's fees.

No government agency, person, business, or association shall violate this act if the judicial officer fails to submit a written request. A written request shall be valid if the judicial officer sends the written request directly to a government agency, person, business, or association or files with the clerk of the Missouri Supreme Court or the clerk's designee in compliance with the Missouri Supreme Court rules. Additionally, this act provides that the clerk of the court where the judicial officer serves may submit a written request on behalf of the judicial officer if the judicial officer gives written consent and the clerk furnishes a copy of that consent with the request.

Each calendar quarter, the clerk of the Supreme Court of Missouri shall provide a list of all state judicial officers who have submitted a request to the appropriate officer for each government agency and the officer shall promptly provide a copy to all agencies under his or her supervision. Receipt of the clerk's written request list shall constitute a written request to the agency for purposes of this act.

A judicial officer's written request shall specify what personal information shall be maintained as private. Furthermore, a judicial officer shall disclose the identity of his or her immediate family and indicate that their personal information shall be also be excluded to the extent that it could reasonably reveal the judicial officer's personal information.

A judicial officer's written request is valid until the judicial officer provides written consent to release the personal information or upon death of the judicial officer. Additionally, this act shall not apply to disclosures on lobbyist activities and campaign finance as required by law.

Written requests transmitted to a county recorder of deeds shall only include information specific to eligible documents maintained by that county. Not more than five business days after receiving a written request, the recorder shall shield the eligible documents listed in the written request and shall electronically reply with a list of documents not found in the county's records. In order to shield subsequent eligible documents, the judicial officer shall present a copy of their written request to the recorder at the time of recording and the recorder shall ensure that the eligible document is shielded within five business days. Eligible documents shall remain shielded until the recorder receives a court order or notarized affidavit signed by the judicial officer. No recorder shall be liable for any damages under this provision if the recorder made a good faith effort to comply and no recorder shall be liable for the release of eligible documents or data that was released or accessed prior to the document being shielded.

These provisions are similar to HB 2037 (2022).

EXCLUSION OF PERSONAL INFORMATION OF MINORS IN COURT DOCUMENTS (SECTION 509.520)

This act also provides that beginning August 28, 2023, pleadings, attachments, or exhibits filed with the court in any case, as well as judgments issued by the court, shall not include any personal information of a minor and, if applicable, any next friend. However, such information shall be provided in a confidential filing sheet, which shall not be subject to public inspection or availability.

This provision is identical to a provision in the perfected HCS/HB 90 (2023), in HCS/SS#2/SB 823 (2022) and in SCS/HCS/HB 2151 (2022) and is similar to SB 302 (2023), a provision in SB 872 (2022), and in HCS/SS#2/SB 761 (2022).

UNLAWFUL POSTING OF CERTAIN INFORMATION (SECTION 565.240)

Currently, the unlawful posting of certain information of any law enforcement officer, corrections officer, parole officer, judge, commissioner, or prosecuting attorney, or of any immediate family member of such person, that intends to or threatens to cause great bodily harm or death shall be a Class E felony. This act provides that if such unlawful posting of certain information that intends to or threatens to cause great bodily harm or death actually results in bodily harm or death to such person or immediate family member, the offense shall be a Class D felony.

KATIE O'BRIEN