Legislative Proposals for 2014

Criminal Code Revision
Criminal Code Review Subcommittee
 
The Missouri Criminal Code is contained within chapters 556 through 578.  The Missouri Criminal Code contains crimes and punishment, sentencing provisions, defenses, and principals of liability, and was enacted in 1979.  Prior to that, Missouri’s criminal laws were unorganized and scattered throughout the statutory scheme.  In 1969, Missouri Attorney General John C. Danforth organized a group of individuals to compile an organized and modern set of laws relating to crime and punishment which resulted in the Missouri Criminal Code.  Four years later, in 1973, a draft was submitted for consideration.  In 1977 that Code became effective.  Even at that time, there still existed several crimes that were contained in chapters outside the criminal code, but the essence of criminal law was contained within the Code.  Over the past thirty years, statutes have been amended, added or deleted, both inside and outside the Code relating to crime and punishment.  Very little concern has been given to maintaining the organization, harmony and consistent statutory scheme that is the essence of a Code.  It was recognized by the Missouri Bar Criminal Law Committee that there was a need to update and organize the Code again.  For the past four years, members of the Missouri Bar Criminal Law Committee have been working on a revision of the Missouri Criminal Code.  While the membership of the committee has varied slightly over time, the majority of members have been with the project in its entirety.  Over time, the goals of the committee have evolved.  Beyond clean-up and renumbering various statutes, both new and outdated, the sub-committee has endeavored to craft substantive recommendations that reflect the practical realities of the criminal justice system as it exists today in Missouri, for practitioners, crime victims and defendants. The sub-committee is comprised of career prosecutors and defense attorneys, who practice in this field on a daily basis.  The recommendations are borne out of anecdotal experience and practicality.

SB 491Justus

HB 1371 - Cox

Legislative Proposal Information Form
Criminal Code Talking Points
Code Revision Master Chart
Penalty Comparison
Repealed Sections
Chapters 455, 565, 569, 570, & 571
Chapters 566, 567, 568, & 573
Chapters 195 and 579
Chapters 300-307 and 577

______________________________________________________________________________________________________________________________________________________________________________________________________________________________

 
Mediation or Arbitration for Resolving Trust Disputes
Probate and Trust Law Committee

This proposal would enact a new provision to the Missouri Uniform Trust Code (“MUTC”) which would specifically provide that the settlor of a trust may require the trustees, beneficiaries, and other persons with non-fiduciary powers of the trust to resolve disputes relating to the trust by mediation or arbitration rather than litigation.

HB 1135Austin

SB 654 - Keaveny   

Legislative Proposal Information Form and Draft

______________________________________________________________________________________________________________________________________________________________________________________________________________________________
 

Attorney-Client Privilege for Attorneys Engaged by Trustees
Probate and Trust Law Committee
 
This proposal would provide that a trustee’s engagement of an attorney for any purpose shall afford all of the protections of the attorney-client privilege.  The attorney’s client shall be deemed to be the trustee exclusively.

SB 501 - Keaveny

HB 1427 - McGaugh 

Legislative Proposal Information Form and Draft

______________________________________________________________________________________________________________________________________________________________________________________________________________________________ 

Safe Harbor Challenges of No Contest Clauses
Probate and Trust Law Committee
 
This proposal would provide that if a trust instrument containing a no-contest clause has become irrevocable, an interested person may file a petition to the court for an interlocutory determination as to whether a particular motion, petition, or other claim for relief by the interested person would trigger application of the no-contest clause.

SB 500 - Keaveny

HB 1429McGaugh 
 
Legislative Proposal Information Form and Draft

______________________________________________________________________________________________________________________________________________________________________________________________________________________________


Qualified Spousal Trusts
Probate and Trust Law Committee
 
This proposal would amend Missouri law relating to Qualified Spousal Trusts to allow husbands and wives to transfer any of their joint property directly into a Qualified Spousal Trust as tenants by the entireties without the necessity of first designating the property as tenants by the entireties and subsequently transferring the interest into the trust.  


SB 499 - Keaveny

HB 1428McGaugh 

Legislative Proposal Information Form and Draft

 ______________________________________________________________________________________________________________________________________________________________________________________________________________________________