HB 38 – Crime of
falsifying drug test results. Creates the crime of altering or falsifying
drug or alcohol test results or selling or transporting a biological sample or
adulterant to falsify test results. In scope. Advised sponsor of Missouri
Bar drafted HB 210 (Criminal Code Revision) and encourage consideration of
conforming HB 38 to that structure.
HCS HB 46
– Drone surveillance. Establishes the Preserving Freedom from Unwarranted
Surveillance Act that prohibits the use of a drone or other unmanned aircraft
to gather evidence or other information with specified exceptions.
HB 86 – MODEX
Fund. Establishes the MODEX Fund and deposits one-half of the charges
collected by traffic violation bureaus for law enforcement services into the
fund to support the operational costs of the MODEX system.
HB 89 –
Firearm Responsibility Act. Establishes the Firearm Responsibility Act
which specifies that a person commits the crime of failure to secure a firearm
if he or she fails to secure a firearm at all times when it is not in active
HB 106 –Sex
offender notification. Requires a convicted sex offender to be told of his
or her obligation to register as a sex offender at the time of adjudication
instead of the current requirement of prior to release or discharge. In
scope. Support. Suggest notice be provided both at the time of adjudication and
release or discharge.
HB 145 –
Texting while driving. Prohibits anyone from using a hand-held electronic
wireless communications device while driving unless the device is equipped for
hands-free operation and is being used in that manner.
HB 146 – Sex
offender real estate purchases. Requires a registered sex offender
purchasing real estate to disclose that status to his or her buyer’s agent and
the agent to disclose the buyer’s status to the seller and specified neighboring
HB 153 –
Assault of an animal control officer. Expands the crime of assault of a law
enforcement officer in the first, second, and third degrees to include the
assault of an animal control officer.
HB 155 –
Private probation services. Changes the requirements for the use of
private probation services. Among other provisions, this legislation authorizes
judges in a circuit court to use private or other court-appointed entities for
probation services for a person who has been convicted of a class C or D
felony; requires the court to adopt rules for the approval and oversight of
private probation services by the court; increases the maximum amount that a
private probation service provider can charge from $50 to $65 per month.
HB 167 –
Death penalty. Repeals the provisions which allow the use of the death
penalty and specifies that certain persons sentenced to death must be
sentenced to life without eligibility for parole.
HCS HB 169
– Court surcharge in criminal and traffic laws. Changes the laws regarding
county contributions to the Prosecuting Attorneys and Circuit Attorneys’
Retirement System Fund and requires certain persons who pay a fine through a
collection center to be assessed a surcharge of $4. Currently, such a surcharge
is collected in all criminal cases filed in court, including violations of county
ordinances and violations of the state’s criminal and traffic laws, including
HB 174 –
Crimes against police animals. Revises the definition of “police animal” as
it relates to crimes committed against these animals to include a dog, horse,
or other animal used by public or private search and rescue units or agencies.
HB 210 / SB 253 – The
Missouri Criminal Code. Changes the laws regarding the Missouri Criminal
Code. *** Drafted by the Missouri Bar Criminal Code Subcommittee and approved
by The Missouri Bar Board of Governors as Bar-drafted legislation.
HB 213 –
Deposition costs. Specifies that any party who takes a deposition in a
criminal case will be responsible for the costs of providing one copy of the
transcript of the deposition to the opposing party. In scope. Oppose.
HB 214 / SB 331 –
Restitution collection by prosecutors. Requires restitution to be paid
through the office of the prosecuting or circuit attorney. Among other
provisions, this legislation authorizes an administrative cost of a certain
amount, based on the amount of restitution, to be assessed and collected for
the prosecuting attorneys Administrative Handling Cost Fund, to be expended by
the prosecuting attorney for office supplies, equipment, capital outlay, trial
preparation expenses, staff and employee salaries. Requires the prosecuting
attorney to collect $5 for each victim to whom restitution is paid, to be
deposited into the Missouri Office of Prosecution Services Fund. Allows
court-ordered restitution to be taken from an inmate’s account at the
Department of Corrections.
HCS HB 215
–Indigent defense, restitution, and transcript fees. Includes the
provisions listed in HB 214. In addition to those and other provisions, this
legislation includes provisions relating to:
STATE PUBLIC DEFENDER. Requires the Missouri State Public Defender to
contract out legal services to private attorneys for all nonsexual class C and
D felonies, all misdemeanors, all traffic cases, and all probation violation
cases. The bidding process for these contracts would be handled by the Office
of Administration. The director of the State Public Defender, with approval and
on behalf of the commission, would contract for the collection and enforcement
of liens and other judgements owed to the state for services rendered by the
Public Defender System, if the prosecuting attorney does not collect and
enforce such liens and judgments. The director must establish district
offices, the boundaries of which must coincide with existing judicial circuits.
The Public Defender would be prohibited from providing legal services or
contracting for legal services for motions claiming ineffective assistance of
counsel, or the representation of any crime victim or witness. The public
defender would be required to pay the prosecuting attorney a collection fee of
20% of funds collected by the prosecuting attorney on behalf of the public
PREPARATION OF TRANSCRIPTS. In addition, specifies that in cases where an
appeal is taken, the court reporter must receive the sum of $3.50 per legal
page for the preparation of a paper and an electronic version of a transcript.
Where a defendant is unable to pay the costs of the transcript, the court
reporter must receive a fee of $2.60 per page, and any judge may order a
transcript of all or part of the evidence or oral proceedings at the cost of
$2.60 per legal page. Where the judge orders a transcript or where a defendant
is unable to pay the costs for a transcript on appeal, the costs must be paid
by the state.
Any party who takes a deposition in a criminal case must be responsible for the
costs of providing one copy of the transcript of the deposition to the opposing
party. In scope. Support concept of reform of Public Defender System; note
that Section 600.053 of the bill, abrogating 18 C.S. R. 10-4.010, mirrors the
first recommendation of the Missouri Bar Criminal Justice Task Force; no
position on restitution provisions; oppose bulk bidding of contracts for
representation as proposed, share concerns about cost effectiveness and adverse
impact on adequate representation; share Recommendations of The Missouri Bar
Criminal Justice Task Force and offer bar’s assistance in arriving at a fair
and balanced resolution of current problems relating to representation of
indigent criminal defendants by the Public Defender.
HB 218 –
Methamphetamine precursors. Changes the laws regarding the sale and
possession of controlled substances. In addition to other provisions, this
legislation lowers the amount of methamphetamine precursor drugs necessary to
reach a felony level possession charge; lowers the amount of ephedrine,
phenylpropanolamine, or pseudoephedrine that a pharmacist may sell to an
individual in a 30-day period; requires any person who has been found guilty of
any felony drug crime to obtain a prescription to acquire any amount of ephedrine,
phenylpropanolamine, or pseudoephedrine.
HB 220 –
Arrearages and expungement of criminal nonsupport. Changes the laws
regarding arrearages and the expungement of certain records related to criminal
nonsupport. Specifically, this legislation redefines “arrearage” and allows
for an arrearage in excess of 18 monthly payments to reach the class D felony
level of criminal nonsupport (up from 12 months); allows a person to petition
the court for expungement of a first felony offense of criminal nonsupport
when at least eight years have elapsed since the person requesting expungement
has completed imprisonment or probation, is current on all child support
obligations, has paid off all arrearages, has no other criminal charges or
administrative child support actions pending, and has completed a criminal
nonsupport courts program. In scope. Support concept.
HB 238 –
Expungement of criminal records. Authorizes a one-time expungement of
certain criminal records including a conviction for any nonviolent crime,
misdemeanor, or nonviolent drug violation. In scope. Support concept.
HB 280 / SB 214 –
Sexual offenses. Changes the laws regarding certain sexual offenses. In
addition to other provisions, this legislation renames forcible rape to rape in
the first degree, and specifies that a person commits the crime of rape in the
first degree where he or she has sexual intercourse with an individual who is
incapacitated, incapable of consent, or lacks the capacity to consent or by
the use of forcible compulsion; renames forcible sodomy to sodomy in the first
degree, and specifies that a person commits the crime of sodomy in the first
degree if he or she has deviate sexual intercourse with another person who is
incapacitated, incapable of consent, or lacks the capacity to consent or by the
use of forcible compulsion; renames the crime of sexual assault to rape in the
second degree; renames the crime of deviate sexual assault to sodomy in the
second degree; secifies that a prosecution for rape in the first degree,
attempted rape in the first degree, sodomy in the first degree, or attempted
sodomy in the first degree may be commenced at any time; specifies that a
prosecution for a sexual offense involving a person 18 years old or younger,
other than those listed above, must be commenced within 30 years after the
victim reaches the age of 18.
HB 281 / SB 222 –
Domestic violence. Changes the laws regarding domestic violence and protective
orders. In addition to other provisions, this legislation specifies that a
proper venue for a petition alleging domestic violence or stalking is the
county in which the alleged incident occurred; specifies that the laws
pertaining to orders of protection apply to both domestic violence and
stalking; requires any parent or guardian served in lieu of service on a
respondent less than 17 years of age to appear and bring the respondent before
the court; requires notice of an ex parte or full order of protection to be
served at the earliest time; gives a court discretion to inquire of a
petitioner or others in private with the judge, rather than in open court, in
order to determine whether a dismissal of an order of protection must terminate
on a petitioner’s motion; gives the court discretion to enter an ex parte order
of protection if the allegations in the petition would give rise to juvenile
court jurisdiction because the respondent is less than 17 years of age. In
scope. Support concept.
HB 285 –
Controlled substances. Creates the crime of distribution of a controlled
substance near a child care facility.
HB 300 –
Domestic assaults. Specifies that any person for whom a third response by
law enforcement is made due to an alleged incident of abuse or the violation of
an order of protection must automatically be placed under arrest for domestic
assault in the third degree. In scope. Oppose.
HB 301 / SB 188 –
Sexually violent predators. Adds the prosecutor of the jurisdiction into
which a sexually violent predator is to be released to the list of those who
must be served the offender’s petition for conditional release over specified
HB 302 / SB 189 –
Failure to vacate leased premises. Creates the crime of the failure to
vacate leased premises in a rent and possession case. Once a landlord recovers
possession of premises rented or leased through an eviction, and after 10 days
from the date of the judgment, the judgment is not set aside or an application
for trial de novo has not been filed, if a tenant willfully refuses to vacate
and surrender possession of the premises to the landlord or the landlord’s
agent, the tenant is guilty of a class B misdemeanor. In scope. Oppose.
HB 326 –
Sexual misconduct. Changes the penalty for the crime of sexual misconduct
to a class D felony if the crime is committed while the person is incarcerated
within a Department of Corrections facility.
HB 330 / SB 273 –
Crime scene photographs. Requires specified crime scene photographs and
video recordings to be considered closed records and not subject to disclosure
under the Open Meetings and Records Law.
HB 354 –
Private probation services. Allows DWI courts to use private probation and
parole services for judicial supervision when the Department of Probation and
Parole is unable to provide the services.
HB 358 / HB 584 –
Commission on the Death Penalty. Establishes the Commission on the Death
Penalty, places a moratorium on all executions until January 1, 2016, and
creates the Cold Case Investigation Revolving Fund.
HB 371 –
Judicial Omnibus Bill. Changes the laws regarding judicial procedure.
Among other provisions, this legislation includes:
OFFENSES. Renames forcible rape to rape in the first degree, and specifies
that a person commits the crime of rape in the first degree where he or she has
sexual intercourse with an individual who is incapacitated, incapable of
consent, or lacks the capacity to consent or by the use of forcible compulsion;
renames forcible sodomy to sodomy in the first degree, and specifies that a
person commits the crime of sodomy in the first degree if he or she has deviate
sexual intercourse with another person who is incapacitated, incapable of
consent, or lacks the capacity to consent or by the use of forcible compulsion;
renames the crime of sexual assault to rape in the second degree; renames the crime
of deviate sexual assault to sodomy in the second degree; secifies that a
prosecution for rape in the first degree, attempted rape in the first degree,
sodomy in the first degree, or attempted sodomy in the first degree may be
commenced at any time; specifies that a prosecution for a sexual offense
involving a person 18 years old or younger, other than those listed above, must
be commenced within 30 years after the victim reaches the age of 18.
COSTS. Specifies that any party who takes a deposition in a criminal case
will be responsible for the costs of providing one copy of the transcript of
the deposition to the opposing party.
MISSOURI DATA EXCHANGE (MODEX) SYSTEM FUND. Creates the MODEX fund, to
be used to support and expand the MODEX system; Allows sheriffs, county
marshalls and other officers to charge six dollars for their services rendered
in cases disposed of by a traffic violations bureau; one-half of the amount
collected will be deposited into the MODEX fund, and the other half will be
deposited into the inmate security fund of the county or municipality where the
COMMUNITY SERVICE SUPERVISORS. Gives limited civil immunity to any entity
that supervises community service work performed in connection with a written
deferred prosecution agreement.
(For a complete
summary of the provisions in this omnibus bill, see Judicial
HB 394 / HB 524 –
Texting while driving. Prohibits all drivers, regardless of age, from text
messaging while operating a moving vehicle unless the device being used is
equipped with technology allowing for voice-recognition hands-free texting.
HB 419 –
Probation and parole review. Requires the Board of Probation and Parole to
periodically review the case history of certain convicted offenders serving
sentences of more than 15 years or life without parole.
HB 461 –
Refusal to submit to a chemical test. Specifies that any person who refuses
to submit to a law enforcement officer’s request for a chemical test for
alcohol content commits the crime of tampering with physical evidence.
HCS HB 462 –
Sex offender registry. Changes the requirements for the state sex offender
registry. In addition to other provisions, this legislation: requires the state
highway patrol to maintain a website with registered sexual offender search
capability; adds to the information provided on said website, including the
tier level assigned to the offender, the original and most recent registration
date, the status of the offender’s term of incarceration, probation or parole,
and whether the offender is a repeat sexual offender; exempts offender who
commit the crimes of felonious restraint or kidnapping of a nonsexual nature
when the victim is less than 18 years of age from the notification requirements
if there is no other registerable offense; exempts witnesses afforded federal
protection and juveniles 14 years of age or older at the time of the offense
who have been adjudicated for certain offenses; allows an offender currently on
the registry for having been adjudicated of certain offenses to file a petition
for removal from the registry.
HB 485 –
Unlawful possession of a firearm. Creates the offense of unlawful
possession or use of a firearm during the commission of a felony when prior
felony offenders possess or use a firearm during a subsequent felony offense.
HB 490 –
Mandatory STD testing. Requires the prosecuting or circuit attorney to
file a motion for the court-ordered sexually transmitted disease testing of a
defendant charged with certain sexual offenses.
HB 511 –
Expungement. Authorizes the expungement for specified offenses and
increases the surcharge on petitions for expungement from $100 to $500.
HB 512 –
Marijuana possession. Changes the laws regarding the possession of less
than 35 grams of marijuana and the possession of marijuana drug paraphernalia.
Specifically, this legislation specifies that any person who possess no more
than 35 grams of marijuana or synthetic cannabinoid, or any marijuana drug
paraphernalia is guilty of a misdemeanor and subject to a fine of up to $250,
and will be issued a summons but not be arrested. If found guilty, the offender
cannot be incarcerated or lose his or her driver’s license. Further, there
would be a strong presumption that the proper disposition of the case would be
to suspend imposition of sentence. However, any person who has been found
guilty of a felony within the preceding 10 years, a class A misdemeanor within
the preceding 5 years, or possession of 35 grams or less of marijuana or
synthetic cannabinoid, or marijuana drug paraphernalia two or more times within
the preceding 5 years, or is arrested for any other felony or misdemeanor
arising from the same facts and circumstances, shall be guilty of a class A
HCS HB 541 /
SCS SB 36
–Dual jurisdiction for juvenile offenders. Changes the requirements for
cases involving juvenile offenders who have been certified as adults and found
guilty in a court of general jurisdiction. Specifically, raises the age to 17
years and six months of age for allowing the court to invoke dual jurisdiction
of both the criminal and juvenile codes, and requires the court to consider
dual jurisdiction. In scope. Support.
HCS HB 589 –
Sexual offender registration. Changes the laws regarding sexual offender
registration and classification. Among other provisions, this legislation:
requires the Highway Patrol to include only unclassified and Tier III offenders
on the public website, and prohibits offenders pending classification, Tier I
and Tier II offenders from being included on the public website; excludes
certain individuals from the website, including juveniles, witnesses afforded
federal protection, and offenders committing felonious restraint or kidnapping
of a nonsexual nature when the victim is less than 18 years of age, under
certain circumstances; exempts an offender from registration and removes
currently-registered offenders if he or she has been convicted of and
registered for certain crimes; allows a person on the registry to file a
petition for removal from the registry and specifies how proceedings for
removal would be conducted.
HB 647 –
Caylee’s Law. Establishes Caylee’s Law which requires any parent or
guardian to report the death or disappearance of a child within a specified
time period. Any parent, guardian or legal custodian who fails to submit a
missing child report within 24 hours is guilty of a class A misdemeanor, unless
death or serious injury to the child occurs as a result of or during the time
the child is missing, in which case it will be a class B felony. Also, any parent,
guardian, or legal custodian who discovers the dead body of or acquires the
first knowledge of the death of his or her child who is under the age of 17
must notify the appropriate law enforcement agency within one hour. Any person
who violates these provisions will be guilty of the crime of abandonment of a
corpse, a class D felony.
HB 688 –
Medical marijuana. Changes the laws regarding the classification of
marijuana as a controlled substance and allows its use for medicinal purposes
under certain conditions.
HB 752 –
Minimum sentencing requirements. Changes the minimum sentencing
requirements for felons who have no previous prison commitments and are
first-time dangerous felons.
HB 753 –
Minimum sentencing requirements. Changes the requirements for minimum
sentencing of felons who have previous prison commitments for any felony
offense and who are first-time dangerous felons. Specifically, for all
sentences imposed for a dangerous felony under Section 558.019.3, where the
offender has no previous prison commitments for any felony offense, the
offender shall serve at least 50% of the sentence, or until the offender
attains seventy years of age and has served at least 40% of the sentence,
whichever occurs first.
HJR 16 / SJR 15 –
Admissibility of prior criminal acts. Proposes a constitutional amendment
allowing relevant evidence of prior criminal acts to be admissible in prosecutions
for crimes of a sexual nature involving a victim under 18 years of age. In
SB 12 – Immunity
for court-appointed lawyers. Provides immunity from civil liability,
including malpractice claims, for private attorneys appointed by the court to
represent indigent defendants in criminal cases. Court appointed attorneys may
be liable in situations where they acted willfully wrong or with malice or
corruption. Oppose as drafted.
SB 152 –
Juvenile offenders. Allows judges to suspend the imposition of an adult
criminal sentence for juvenile offenders. In scope. Support.
SB 162 –
Criminal procedure. Modifies provisions relating to criminal procedure. In
addition to other provisions, this legislation contains language relating to
IDENTIFICATION PROCEDURES. Each law enforcement agency that uses eyewitness
identification procedures must adopt written rules governing such procedures,
to be reviewed by the Department of Public Safety; requires the court to
consider failure to comply with these requirements during any hearing on a
motion to suppress and when hearing claims of eyewitness misidentification;
when evidence of compliance or noncompliance is presented at trial, the court
must instruct the jury that it may consider such evidence when judging the
reliability of an identification; requires a judge to grant a motion to
suppress if he or she finds that a substantial likelihood of irreparable misidentification
INFORMANT TESTIMONY. Requires prosecuting attorneys to follow certain
procedures regarding testimony from jailhouse informants; if the informant will
testify on any matter, requires the prosecuting attorney to disclose a written
statement signed by the informant, his or her counsel, and the prosecuting
attorney, detailing any promises made to the informant and a video or audio
recording of any discussion or interview of the informant made by law
enforcement officers; any such materials are admissible to impeach the
credibility of the informant; requires that the prosecuting attorney file a
motion and prove at a hearing that the informant’s testimony is reliable and
corroborated by other evidence;
DNA TESTING. Allows a person who has been sentenced to death to have
evidence tested to prove innocence of an aggravating factor that led to the
person being sentenced to death, even if the person cannot claim to be innocent
of first degree murder; allows post-conviction retesting of evidence if
additional testing would produce more probative results; if the testing
demonstrates a person’s innocence regarding an aggravating circumstance, the
person may file a motion for a new sentence, and the court must order the
person to serve life without parole upon finding that the testing demonstrates
innocence of the aggravating factor;
INTERROGATIONS. Requires all custodial interrogations to be recorded; where
equipment fails or is not available, the law enforcement agency must demonstrate
a good faith effort to maintain recording equipment for interrogations to be
in compliance; states that statements made during an unrecorded interrogation
are presumed to be inadmissible in a criminal proceeding, with some exceptions,
and that the presumption may be overcome by a preponderance of the evidence
that the statement was voluntarily provided and is reliable; requires the
preservation of electronic recordings of interrogations until the offender can
no longer appeal a conviction or when prosecution of the offense is barred by
BIOLOGICAL EVIDENCE PROCEDURES. Requires that any biological evidence
gathered during an investigation of certain felonies must be preserved until
any offender who was convicted and sentenced to prison as a result of the
investigation has been released from prison.
SCS SB 226
– Mental health detention. Modifies the standards for determining when a
person is in need of mental health detention and evaluation. Among other
provisions, this legislation provides a new definition for “gravely disabled”
and states that the basis for determining whether to detain a person or release
a person for purposes of evaluation and treatment shall include whether the
person suffers from a mental disorder and presents a likelihood of serious harm
to him or herself or to others, or is gravely disabled.
SB 247 –
Abolition of the death penalty. Abolishes the death penalty and provides
that any person sentenced to death before August 28, 2013, must be sentenced to
life imprisonment without parole.
SB 250 –
Possession of child pornography. Modifies provisions relating to the crime
of possession of child pornography. Specifically provides that possession of
child pornography is a class D felony if the person possess one still image of
child pornography or one obscene still image; provides that possession of more
than 20 still images of child pornography or obscene still images or one video
or child pornography or obscene video constitutes a class B felony; specifies
that a person who has committed the offense of possession of child pornography
is subject to separate punishments for each item of child pornography or
SB 263 –
Assault of a mass transit employee. Creates the crimes of assault of an
employee of a mass transit system while in the scope of his or her duties in
the first, second, and third degree.
SB 310 –
Expungement of criminal records. Creates a petition process for the
expungement of records relating to certain criminal offenses.
SB 327 –
Electronic monitoring. Allows certain criminal defendants to be released on
electronic monitoring if the county commission agrees to pay the cost of the
SB 347 –
Criminal nonsupport. Makes the offense of criminal nonsupport an infraction
rather than a class A misdemeanor or class D felony.
SB 377 –
Life sentences for juvenile offenders. Repeals the mandatory life sentence
found to be unconstitutional in Miller v. Alabama; modifies penalties
for first degree murder when the person was under the age of 18 at the time of
committing the offense and provides that offenders who were under the age 18
at the time of the murder may be sentenced to either life imprisonment without parole
until the offender has served 50 years in prison or life imprisonment without
SB 409 –
First degree murder. Modifies provisions relating to first degree murder.
Specifically, includes post-conviction DNA testing provisions found in SB 162;
provides that only offenders who were 18 years old or older at the time of the
first degree murder are eligible for the death penalty; the mandatory sentence
for accomplices is life without parole, and if the person was under the age of
18, the mandatory sentence is life without parole until the person has served
25 years in prison; modifies the list of aggravating factors that are considered
in capital murder cases.
SB 414 –
Indigent criminal defense. Modifies provisions relating to the legal
defense of indigent persons. Among other provisions, this legislation includes
provisions relating to:
AND PAROLE VIOLATIONS. Provides that indigent persons who are charged with
a violation of probation or parole violation must be represented by a public
defender only if the judge determines that such representation is necessary to
protect the person’s due process rights. The judge must inform the person of
the right to request an attorney, and if the person requests an attorney, the
judge must make the due process determination. If the judge finds that
appointment of counsel is not necessary, the judge must state the reasons for
the decision on the record.
DEFENDER. Redefines various positions within the Missouri State Public
Defender System, reflecting the current structure of the system; provides that
indigent defendants are eligible for a public defender on misdemeanor charges
only when the prosecutor has requested a jail sentence.
DEFENDER CASELOAD. Prohibits the Public Defender from unilaterally
declaring itself unavailable for appointment; Allows any district defender to
file a motion to request a conference to discuss caseload issues with the
presiding judge of the circuit. If the motion for conference is approved, it
will be sent to the prosecutor and a date for the conference must be set within
30 days; requires the judge to issue an order either granting or denying
caseload relief within 30 days of the conference, and the judge may appoint
private counsel to represent any eligible defendant, investigate the financial
status of any eligible defendant, determine whether any cases can be disposed
without a jail or prison sentence and allow those cases to proceed without
counsel, modify the conditions of release for a defendant represented by the
public defender, place cases on a waiting list for a public defender, and grant
continuances; gives the Public Defender Commission and the Missouri Supreme
Court authority to make rules to implement this process.
OF PRIVATE COUNSEL. Requires judge, before appointing private counsel to
represent an indigent defendant, to investigate the defendant’s financial
status, and provide any appointed private lawyer with an evidentiary hearing on
the propriety of the appointment; if the judge finds that the appointment will
cause the lawyer undue hardship, the judge must appoint a different attorney;
provides that an appointed lawyer may seek payment of litigation expenses, but
not counsel fees, from the public defender.
SB 448 –
Armed offender docket. Allows the circuit court of the city of St. Louis to
create of a special armed offender docket.
SB 482 –
Armed offender docket. Mandates that the City of St. Louis must create a
special armed offender docket.