Section 491.640

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS

Chapter 491

Effective - 28 Aug 2004   

  491.640.  Prosecutors coordinators training council may provide for security of witnesses and families, when — powers — request by law enforcement agencies, content — delegation of program administration, to whom. — 1. The prosecutors coordinators training council, as established in section 56.760, may, upon the council's own initiative or at the request of the attorney general, any prosecuting attorney or law enforcement agency, provide for the security of witnesses, potential witnesses and their immediate families in criminal proceedings instituted or investigations pending against a person alleged to have engaged in a violation of state law.  Providing for witnesses may include provision of housing facilities and for the health, safety and welfare of such witnesses and their immediate families, if testimony by such a witness might subject the witness or a member of his immediate family to danger of bodily injury, and may continue so long as such danger exists.

  2.  The prosecutors coordinators training council may authorize the purchase, rental or modification of protected housing facilities for the purpose of this section.  The council may contract with any department of federal or state government to obtain or to provide the facilities or services to carry out this section.

  3.  The prosecutors coordinators training council may authorize expenditures to provide for the health, safety and welfare of witnesses and victims, and the families of such witnesses and victims, whenever, in his judgment, testimony from, or a willingness to testify by, such a witness or victim would place the life of such person, or a member of his family or household, in jeopardy.  Applications by requesting law enforcement agencies under this section must include but not necessarily be limited to:

  (1)  Statement of conditions which qualify persons for protection;

  (2)  Precise methods the originating agency will use to provide protection, including relocation of persons and reciprocal agreements with other law enforcement agencies;

  (3)  Statement of projected costs over a specified period of time.

  4.  The prosecutors coordinators training council may delegate administration of the program set forth in this section to the executive director of the Missouri office of prosecution services.  Subject to appropriations from the general assembly for the purposes provided for in this section, funds may be appropriated from the Missouri office of prosecution services fund set forth in subsection 2 of section 56.765, general revenue or federal funds.  Under no circumstance shall the expenditures from general revenue for the purposes provided for in this section exceed the amount of ninety-five thousand dollars, if and when appropriated by the general assembly for such purposes.

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(L. 1983 S.B. 24 § 5, A.L. 2004 S.B. 1211)