SS #2 SCS HCS HB 1840 3 (8) Subject to appropriation, administer scholarships for professional development, internships, and certification testing;

(9) Subject to appropriation and pursuant to rules promulgated under this section, administer and finance requests for communication access services between agencies and businesses and individuals who are deaf, deaf-blind, or hard of hearing;

(10) Hire a program manager to serve at the pleasure of the director of the commission.

The program manager shall have a background and experience in communication access services.

The salary for the program manager shall be paid out of the fund established in subsection 3 of this section;

and (11) Submit an annual report to the governor and the general assembly that includes information on communication access service utilization, registry effectiveness, funding outcomes, and recommendations for improvement.

(1)Moneys There is hereby created in the state treasurylegal theexpense "Communicationfund Accessshall Servicesbe Fund",available whichfor shallthe consistpayment of moneysany appropriatedclaim toor the fund and any gifts,amount donations,required grants,by andany bequestsfinal fromjudgment individuals,rendered privateby organizations,a foundations,court orof othercompetent sourcesjurisdiction for the purposepurposes of administeringpaying thejudgments programarising establishedfrom inclaims thisunder section.section 506.400.

The state treasurer shall be the custodian of the fund.

In accordance with sections 30.170 and 30.180, the state treasurer may approve disbursements.

The fund shall be a dedicated fund and, upon appropriation, moneys in the fund shall be used by the commission for the salary of the program manager, distribution of financial assistance for communication access services, and distribution of scholarships under this section.

(2) Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund.

(3) The state treasurer shall invest moneys in the fund in the same manner as other funds are invested.

Any interest and moneys earned on such investments shall be credited to the fund.

The commissiondepartment shallof promulgatehealth rulesand tosenior implementservices theshall provisionspromulgate ofrules thisregarding section,contract includingprocedures and the processdocumentation forof distributingcare scholarshipsprovided under subdivisionparagraphs (8)(b), of(c), subsection(d), 2(e), of this section and determining(f) eligibilityof for financial assistance under subdivision (9)(3) of subsection 2 of this section.

AnyThe rulelimitation oron portionpayments offrom athe rule,state aslegal thatexpense termfund isor definedany inpolicy sectionof 536.010,insurance thatprocured ispursuant createdto under the authorityprovisions delegatedof section 105.721, provided in subsection [7] 8 of this sectionsection, shall becomenot effectiveapply onlyto ifany itclaim compliesor withjudgment andarising isunder subjectparagraph to(a), all(b), of(c), the(d), provisions(e), or (f) of chaptersubdivision 536(3) and,of ifsubsection applicable,2 sectionof 536.028.this section.

ThisAny sectionclaim andor chapterjudgment 536arising areunder nonseverableparagraph and(a), if(b), any(c), of(d), the(e), powersor vested(f) withof thesubdivision general(3) assemblyof pursuantsubsection to2 chapterof 536this tosection review,shall tobe delaypaid by the effectivestate date,legal orexpense tofund disapproveor andany annulpolicy aof ruleinsurance areprocured SSpursuant #2to SCSsection HCS105.721, HBto 1840 4 subsequently held unconstitutional, then the grantextent ofdamages rulemakingare authorityallowed andunder anysections rule538.205 proposedto or538.235. adopted after August 28, 2026, shall be invalid and void.

301.287.Liability or malpractice insurance obtained and maintained in force Page 4 of 12 4186H03.03H by any health care professional licensed or registered under chapter 330, 331, 332, 334, 335, 336, 337, or 338 for coverage concerning his or her private practice and assets shall not be considered available under subsection [7] 8 of this section to pay that portion of a judgment or claim for which the state legal expense fund is liable under paragraph (a), (b), (c), (d), (e), or (f) of subdivision (3) of subsection 2 of this section.

However, a health care professional licensed or registered under chapter 330, 331, 332, 334, 335, 336, 337, or 338 may purchase liability or malpractice insurance for coverage of liability claims or judgments based upon care rendered under paragraphs (c), (d), (e), and (f) of subdivision (3) of subsection 2 of this section which exceed the amount of liability coverage provided by the state legal expense fund under those paragraphs.

Even if paragraph (a), (b), (c), (d), (e), or (f) of subdivision (3) of subsection 2 of this section is repealed or modified, the state legal expense fund shall be available for damages which occur while the pertinent paragraph (a), (b), (c), (d), (e), or (f) of subdivision (3) of subsection 2 of this section is in effect.

[4.] 5.

The attorney general shall promulgate rules regarding contract procedures and the documentation of legal practice provided under subdivision (5) of subsection 2 of this section.

The limitation on payments from the state legal expense fund or any policy of insurance procured pursuant to section 105.721 as provided in subsection [7] 8 of this section shall not apply to any claim or judgment arising under subdivision (5) of subsection 2 of this section.

Any claim or judgment arising under subdivision (5) of subsection 2 of this section shall be paid by the state legal expense fund or any policy of insurance procured pursuant to section 105.721 to the extent damages are allowed under sections 538.205 to 538.235.

Liability or malpractice insurance otherwise obtained and maintained in force shall not be considered available under subsection [7] 8 of this section to pay that portion of a judgment or claim for which the state legal expense fund is liable under subdivision (5) of subsection 2 of this section.

However, an attorney may obtain liability or malpractice insurance for coverage of liability claims or judgments based upon legal practice rendered under subdivision (5) of subsection 2 of this section that exceed the amount of liability coverage provided by the state legal expense fund under subdivision (5) of subsection 2 of this section.

Even if subdivision (5) of subsection 2 of this section is repealed or amended, the state legal expense fund shall be available for damages that occur while the pertinent subdivision (5) of subsection 2 of this section is in effect.

[5.] 6.

All payments shall be made from the state legal expense fund by the commissioner of administration with the approval of the attorney general.

Payment from the state legal expense fund of a claim or final judgment award against a health care professional licensed or registered under chapter 330, 331, 332, 334, 335, 336, 337, or 338, described in paragraph (a), (b), (c), (d), (e), or (f) of subdivision (3) of subsection 2 of this section, or against an attorney in subdivision (5) of subsection 2 of this section, shall only be made for services rendered in accordance with the conditions of such paragraphs.

In the case of any claim or judgment against an officer or employee of the state or any agency of the state based upon Page 5 of 12 4186H03.03H conduct of such officer or employee arising out of and performed in connection with his or her official duties on behalf of the state or any agency of the state that would give rise to a cause of action under section 537.600, the state legal expense fund shall be liable, excluding punitive damages, for:

(1) Economic damages to any one claimant;

and (2) Up to three hundred fifty thousand dollars for noneconomic damages.

8 The state legal expense fund shall be the exclusive remedy and shall preclude any other civil actions or proceedings for money damages arising out of or relating to the same subject matter against the state officer or employee, or the officer's or employee's estate.

No officer or employee of the state or any agency of the state shall be individually liable in his or her personal capacity for conduct of such officer or employee arising out of and performed in connection with his or her official duties on behalf of the state or any agency of the state.

The provisions of this subsection shall not apply to any defendant who is not an officer or employee of the state or any agency of the state in any proceeding against an officer or employee of the state or any agency of the state.

Nothing in this subsection shall limit the rights and remedies otherwise available to a claimant under state law or common law in proceedings where one or more defendants is not an officer or employee of the state or any agency of the state.

[6.] 7.

The limitation on awards for noneconomic damages provided for in this subsection shall be increased or decreased on an annual basis effective January first of each year in accordance with the Implicit Price Deflator for Personal Consumption Expenditures as published by the Bureau of Economic Analysis of the United States Department of Commerce.

The current value of the limitation shall be calculated by the director of the department of commerce and insurance, who shall furnish that value to the secretary of state, who shall publish such value in the Missouri Register as soon after each January first as practicable, but it shall otherwise be exempt from the provisions of section 536.021.

[7.] 8.

Except as provided in subsection [3] 4 of this section, in the case of any claim or judgment that arises under sections 537.600 and 537.610 against the state of Missouri, or an agency of the state, the aggregate of payments from the state legal expense fund and from any policy of insurance procured pursuant to the provisions of section 105.721 shall not exceed the limits of liability as provided in sections 537.600 to 537.610.

No payment shall be made from the state legal expense fund or any policy of insurance procured with state funds pursuant to section 105.721 unless and until the benefits provided to pay the claim by any other policy of liability insurance have been exhausted.

[8.] 9.

The provisions of section 33.080 notwithstanding, any moneys remaining to the credit of the state legal expense fund at the end of an appropriation period shall not be transferred to general revenue.

Page 6 of 12 4186H03.03H [9.] 10.

Any rule or portion of a rule, as that term is defined in section 536.010, that is promulgated under the authority delegated in sections 105.711 to 105.726 shall become effective only if it has been promulgated pursuant to the provisions of chapter 536.

Nothing in this section shall be interpreted to repeal or affect the validity of any rule filed or adopted prior to August 28, 1999, if it fully complied with the provisions of chapter 536.

This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 1999, shall be invalid and void.

506.400.

ThisAs sectionused shallin bethis knownsection, "claimant" means a person convicted and referredsubsequently toimprisoned asfor "Mason'sone Law".or more offenses that such person did not commit.

BeginningNotwithstanding January 1, 2027, a resident of this state with a health condition or disability that limits or impairs the ability to effectively communicate with law enforcement may, at any time,other applyprovision to the department of revenuelaw, for a designationclaimant thatmay shallbring bean associatedaction within the person'scircuit motorcourt vehicleseeking licensedamages platefrom number and available to law enforcement under the Missouristate uniform law enforcement system (MULES) established under chapterthis 43.section.

(1) The initialclaimant application, which shall beestablish on a form prescribed by the departmentfollowing and made available on the department's website, shall by signed by a physicianpreponderance licensedof underevidence: chapter 334, or a psychologist licensed under chapter 337, certifying that:

(1)(a) The applicantclaimant orwas theconvicted applicant'sof child, parent, or spouse has a physicalfelony oroffense mentaland healthsubsequently conditionimprisoned; that is likely to impair the ability to effectively communicate with law enforcement;

and(b) (2) The physicianclaimant's orjudgment psychologistof hasconviction determinedwas thatreversed theor applicantvacated orand either the applicant'scharges child,were parent,dismissed or spouseon willretrial have the communicationclaimant impairmentwas forfound atto leastbe fivenot years.guilty;

(c) The claimant did not commit the offense or offenses for which the claimant was convicted and was not an accessory or accomplice to the acts that were the basis of the conviction and resulted in a reversal or vacation of the judgment of conviction, dismissal of the charges, or finding of not guilty on retrial;

and (d) The claimant did not commit or suborn perjury, fabricate evidence, or by the claimant's own conduct cause or bring about the conviction.

Neither a confession or admission later found to be false nor a guilty plea shall constitute committing or suborning perjury, fabricating evidence, or causing or bringing about the conviction under this subsection.

(2) The court, in exercising its discretion as permitted by law regarding the weight and admissibility of evidence submitted under this section, may, in the interest of justice, give due consideration to difficulties of proof caused by the passage of time, the death or unavailability of witnesses, the destruction of evidence, or other factors not caused by such persons or those acting on their behalf.

Upon(1) submissionThe ofsuit, anaccompanied applicationby anda approvalstatement byof the department,facts theconcerning department shall notify the Missouriclaim statefor highwaydamages, patrolverified ofin the resident'smanner approvedprovided applicationfor and the highwayverification patrolof shallcomplaints prepare an entry in the Missourirules uniformof lawcivil enforcementprocedure, systemshall (MULES)be thatbrought indicatesby that the applicantclaimant orwithin the applicant's child, parent, or spouse has a physicalperiod orof mentaltwo healthyears conditionafter thatthe: may impair the ability to effectively communicate with law enforcement.

Such(a) entryDismissal shall remain active for a period of fivethe years,criminal unlesscharges against the applicantclaimant requestsor thatfinding suchof designationnot beguilty removedon fromretrial; the system.

Uponor expiration(b) ofGrant the five-year period, the designation in MULES may be reactivated upon the filing of a renewalpardon formto with the departmentclaimant. signed by a physician licensed under chapter 334, or a psychologist licensed under chapter 337, certifying that:

(1)(2) TheA applicantclaimant orconvicted, theimprisoned, applicant'sand child,released parent,from orcustody spousebefore hasAugust a28, physical2026, orshall mentalcommence healthan conditionaction thatunder isthis likelysection tono impairlater thethan abilityAugust to28, effectively2028. communicate with law enforcement;

andPage (2)7 Theof physician12 or4186H03.03H psychologist(3) hasAll determinedpleadings thatshall thebe applicantcaptioned or"In the applicant'smatter child,of parent, or spouse will have the communicationwrongful impairmentconviction forof". at least five years.

SS(4) #2Any SCSclaim HCSfiled HBunder 1840this 5section 5.shall be served on the attorney general.

(5) The departmentsuit offor publica safetyclaim shallfiled issueunder guidancethis andsection educationshall materialsbe totried allby lawthe enforcementcourt, agenciesand inno thisrequest statefor toa promotejury awarenesstrial ofshall thebe designationmade. established under this section.

5.

(1) Damages awarded under this section shall be:

(a) Except as provided in subdivision (2) of this subsection, one hundred seventy-nine dollars per day for each day of imprisonment but no more than sixty-five thousand dollars per fiscal year;

and (b) Not less than twenty-five thousand dollars for each additional year served on parole or postrelease supervision or each additional year the claimant was required to register as a sexual offender under sections 589.400 to 589.425, whichever is greater.

(2) A claimant shall not receive compensation for any period of incarceration during which the claimant was concurrently serving a sentence for a conviction of another crime for which such claimant was lawfully incarcerated.

(3) (a) Except as provided in paragraph (b) of this subdivision, the court shall order that the award be paid as a combination of an initial payment not to exceed one hundred thousand dollars or twenty-five percent of the award, whichever is greater, and the remainder as an annuity not to exceed eighty thousand dollars per year.

The claimant shall designate a beneficiary or beneficiaries for the annuity by filing such designation with the court.

(b) The court may order that the award be paid in one lump sum if the court finds that it is in the best interests of the claimant.

(4) In addition to the damages awarded under subdivision (1) of this subsection, the claimant:

(a) Shall be entitled to receive reasonable attorney's fees and costs incurred in the action brought under this section not to exceed a total of twenty-five thousand dollars, unless a greater reasonable total is authorized by the court upon a finding of good cause shown;

(b) May also be awarded other nonmonetary relief as sought in the complaint including, but not limited to, counseling, housing assistance, and personal financial literacy assistance, as appropriate;

and (c) Shall be entitled to receive tuition assistance under section 506.403.

The(1) departmentIf, at the time of revenuethe mayjudgment promulgateentry allreferred necessaryto rulesin andsubsection regulations5 of this section, the claimant has won a monetary award against the state or any political subdivision thereof in a civil action related to the same subject, or has entered into a settlement agreement with the state or any political subdivision thereof related to the same subject, the amount of the award in the action or the amount received in the settlement agreement, less any sums paid to attorneys or for costs in litigating the administrationother civil action or obtaining the settlement agreement, shall be deducted from the sum of moneys to which the claimant is entitled under this section.

AnyThe rulecourt orshall portionPage 8 of a12 rule,4186H03.03H asinclude that term is defined in section 536.010, that is created under the authorityjudgment delegatedentry inan thisaward section shall become effective only if it complies with and is subject to all of the provisionsstate of chapterany 536amount and,deducted ifunder applicable,this sectionsubsection. 536.028.

This(2) sectionIf andsubdivision chapter(1) 536of arethis nonseverablesubsection does not apply and ifif, anyafter the time of the powersjudgment vestedentry withreferred to in subsection 5 of this section, the generalclaimant assemblywins pursuanta tomonetary chapteraward 536against tothe review,state toor delayany political subdivision thereof in a civil action related to the effectivesame date,subject, or enters into a settlement agreement with the state or any political subdivision thereof related to disapprovethe andsame annulsubject, athe ruleclaimant areshall subsequentlyreimburse heldthe unconstitutional,state thenfor the grantsum of rulemakingmoneys authoritypaid andunder the judgment entry referred to in subsection 5 of this section, less any rulesums proposedpaid to attorneys or adoptedfor aftercosts Augustin 28,litigating 2026,the shallother becivil invalidaction andor void.obtaining the settlement agreement.

650.535.A reimbursement required under this subsection shall not exceed the amount of the monetary award the claimant wins for damages in the other civil action or the amount received in the settlement agreement.

7.

If the court finds that the claimant is entitled to a judgment, it shall enter a certificate of innocence finding that the claimant was innocent of all offenses for which the claimant was mistakenly convicted.

The clerk of the court shall send a certified copy of the certificate of innocence and the judgment entry to the attorney general for payment under section 105.711.

8.

Upon entry of a certificate of innocence, the claimant 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 or 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 subsection.

9.

Upon entry of a certificate of innocence, the court shall order the expungement and destruction of the associated biological samples authorized by and given to the Missouri state highway patrol.

The order shall state the information required to be stated in a petition to expunge and destroy the samples and profile record and shall direct the Missouri state highway patrol to expunge and destroy such samples and profile record.

The clerk of the court shall send a certified copy of the order to the Missouri state highway patrol, which shall carry out the order and provide confirmation of such action to the court.

Nothing in this subsection shall require the Missouri state highway patrol to expunge and destroy any sample or profile record associated with the claimant that was related to any offense other than the offense for which the court has entered a certificate of innocence.

Page 9 of 12 4186H03.03H 10.

The decision to grant or deny a certificate of innocence shall not have a res judicata effect on any other proceedings.

11.

Nothing in this section shall preclude the department of corrections from providing a claimant reentry services that are provided to other persons including, but not limited to, financial assistance, housing assistance, mentoring, and counseling.

Such services shall be provided while an action under this section is pending and after any judgment is entered, as appropriate for such claimant.

12.

A decision under this section may be appealed to the supreme court.

506.403.

ThisAny individual awarded tuition assistance under section 506.400 shall bereceive knowna waiver of tuition and mayrequired befees citedfor asattendance "RJ'sat Law".a public institution of higher education for up to one hundred twenty credit hours.

Such individual may attend a public institution of higher education either full-time or part-time.

There(1) isSubject herebyto createdappropriations, within the department of publichigher safetyeducation amay statewidemake programexpenditures called the "Purple Alert System" to aideach inindividual theawarded identificationtuition andassistance location,under throughsection immediate506.400 andwho effectiveis communityenrolled andin emergencya response,public institution of missinghigher personseducation withfor developmentalreimbursement disabilities whose disappearance poses a credible threat of immediateadditional dangerfees orincluding, seriousbut bodilynot harmlimited toto, thefees missingfor personsroom and whoboard, aretechnical believedequipment, toand becourse-required unablebooks. to return to safety without assistance.

(2) No public institution of higher education shall delay enrollment of an individual who is awarded tuition assistance under section 506.400 because appropriations are not available for any additional fees provided to such individual.

ForTo purposesremain ofeligible for the tuition and fees waiver under this section, "developmentalan disability"individual includesshall remain in good standing at the following:public institution of higher education where the individual is enrolled.

(1) A mental or cognitive disability, which shall not include, for persons sixty years of age or older, Alzheimer's disease or a dementia-related disorder;

(2) An intellectual disability;

(3) A brain injury;

(4) Other physical, mental, or emotional disabilities that are not related to substance abuse;

or (5) Any combination of such conditions.

BeforeIndividuals Julyshall 1,provide 2027,a thewritten departmentor ofelectronic publiccopy safety,of inthe cooperationcourt withorder theawarding Missourirelief statein highwaythe patrol,form department of transportation,tuition departmentassistance ofto mentalthe health,public localinstitution developmentalof disabilityhigher resourceeducation boards,or the statedepartment lottery,of andhigher localeducation. law enforcement agencies shall:

(1) Develop a training program and alert system for missing persons who have developmental disabilities that is compatible with existing alert systems in the state.

The training program shall implement crisis intervention team training to equip law enforcement officers with the skills necessary to understand developmental disabilities, to de-escalate interactions with persons in crisis, to facilitate appropriate interventions, SS #2 SCS HCS HB 1840 6 and to respond effectively to a reported missing person emergency when the person has a developmental disability;

(2) Establish policies and procedures for responding to a reported missing person emergency when the person has a developmental disability.

The policies shall, at a minimum, provide for the following:

(a) Immediate and widespread dissemination of critical information when a person who has a developmental disability is reported missing;

(b) Enhancement of emergency response teams' competence by informing them of the unique behaviors and needs of persons with developmental disabilities;

and (c) Measures to increase public awareness and understanding of the risks associated with developmental disability-related elopement to foster community support for persons with developmental disabilities;

and (3) Require a law enforcement agency to do the following, at a minimum, upon receiving a report:

(a) Contact media outlets in the affected area or surrounding jurisdictions;

(b) Inform all on-duty law enforcement officers of the reported missing person with a developmental disability;

and (c) Communicate the report to all other law enforcement agencies in the counties surrounding the county in which the report is filed.

The department of publichigher safetyeducation shall administeradopt and promulgate rules forand theregulations implementationto ofadminister the alertprovisions systemof established under this section.

This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2026, shall be invalid and void.void.;

and Further amend said bill, Page 2, Section B.650.535, Line 50, by inserting after said section and line the following:

The[650.058. enactment of section 301.287 of this act shall take effect as soon as technologically possible following the development and maintenance of a modernized, integrated system for the titling of vehicles, issuance and renewal of vehicle registrations, issuance and renewal of driver's licenses and identification cards, and perfection and release of liens and encumbrances on vehicles, to be funded by the motor vehicle administration technology fund as created in section 301.558.

Following1. the development of the system, the SS #2 SCS HCS HB 1840 7 director of the department of revenue shall notify the governor, the secretary of state, and the revisor of statutes, and shall implement the provisions of section 301.287 of this act.

Notwithstanding the sovereign immunity of the state, any individual who was found guilty of a felony in a Missouri court and was later Page 10 of 12 4186H03.03H determined to be actually innocent of such crime may be paid restitution.

The individual may receive an amount of one hundred seventy-nine 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 the persons's 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, or after an evidentiary hearing and finding in a habeas corpus proceeding or a proceeding held pursuant to section 547.031 which 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 sixty-five thousand dollars during each fiscal year.

No interest on unpaid restitution shall be awarded to the individual.

However, an individual may also be awarded other nonmonetary relief, Page 11 of 12 4186H03.03H including counseling, housing assistance, and personal financial literary assistance.

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 be filed only 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 the court's 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 available only 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.]";

and Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.

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