Criminal Law

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 use.

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 residents.

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 infractions.

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:  

 THE MISSOURI 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 defender.  

 FEES FOR 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 objections.  

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:  

 SEXUAL 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.  

 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.
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 citation occurred.

 IMMUNITY FOR 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 Administration).

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 misdemeanor.

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 scope. Oppose.  

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 the following:  

 EYEWITNESS 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 exists;  

 JAILHOUSE 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;  

 POST-CONVICTION 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;  

 CUSTODIAL 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 law;
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.  

 In scope. Support concept.  

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 obscene material.  

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 monitor­ing.  

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 parole.  

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:  

 PROBATION 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.  

 PUBLIC 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.  

 PUBLIC 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 of
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.  

 APPOINTMENT 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.

Index of Bills by Subject Matter

Key
  • CCS - Conference Committee Substitute
  • HB - House Bill
  • HCS - House Committee Substitute
  • HS - House Substitute
  • HJR - House Joint Resolution
  • SB - Senate Bill
  • SCS - Senate Committee Substitute
  • SS - Senate Substitute
  • SJR - Senate Joint Resolution
  • * - Missouri Bar Committee-Drafted Legislation
 

Administrative Law/Licensing 
Agricultural & Animal Law 
Business Law 
Civil Practice & Procedure
Commercial Law 
Criminal Law 
Education & School Law 
Environmental & Energy Law 
Family & Juvenile Law 
Health & Hospital Law 
Immigration Law 
Insurance Law 
Judicial Administration 
Labor Law 
Local Government Law 
Media Law 
Military Law 
Poverty Law 
Probate & Trust Law 
Property Law 
State Government & Election Law
Taxation Law 
Tort Law
Workers' Compensation Law

 

 

Legislative Digest Archives