Judicial Administration

HB 73 / HB 88 – Drug courts and veterans treatment courts. Changes who may be accepted by a drug court and allows a circuit court to establish a veterans treatment court to dispose of a case stemming from substance abuse or mental illness of a current military member or a veteran. In scope. Support concept of drug courts; Support special docket for veterans.

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 121 – Guardian ad litem. Allows the court discretion in the appointment of a guardian ad litem in specified cases regarding child abuse or neglect and ex parte orders of protection. In scope. Support.

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.

HB 204 / SB 462 – Surcharges for garnishments. Al­lows the clerk of the circuit court to charge and collect a surcharge of up to $10 in cases where a garnishment is granted. In scope. Oppose.

HCS HB 215 –Indigent defense, restitution, and tran­script fees. Requires restitution to be paid through the office of the prosecuting or circuit attorney and allows them to charge various administrative handling costs and changes the laws regarding public defenders. (For a com­plete summary of House Bill 215, see Criminal Law). 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 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 251 / SB 313 – Filing surcharge. Increases, from $2 to $4, the surcharge imposed upon the filing of a civil action that is to be used to provide financial assistance to domestic violence shelters. In scope. Support appropriation for domestic violence victims. Oppose filing fee surcharge.

HB 273 – Consolidation of title and possession actions. Requires the consolidation of specified civil court actions filed pertaining to the title of property in forcible entry and unlawful detainer cases. Specifically, requires a court to consolidate, upon timely motion by one of the parties, civil actions by one or more of the same plaintiffs against one or more of the same defendants regarding a common question of law pertaining to the title and possession of the premises at issue.

HCS HB 309 & 73 – Military Veterans and Servicemembers Court Program. Establishes the Military Veterans and Ser­vicemembers Court Program to provide treatment and intervention to veterans and service members charged or convicted of certain crimes.

HB 318 – Jury costs paid by losing party. Authorizes any court in a civil case to order that the jury costs be paid by the party against whom a judgment is made.

HB 323 – Civil action surcharge. Changes the laws re­garding the charging of a surcharge in civil court cases. Specifically allows the circuit court in any circuit, except Jackson County or any circuit that reimburses the state for the salaries of family court commissioners, to change the surcharge in civil actions to any amount up to $15.

HB 325 – Transfer of Taney County Circuit Court. Transfers Taney County from the 38th Judicial Circuit to the newly established 46th Judicial Circuit and specifies that the 38th Judicial Circuit will consist only of Christian County.

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 361 – Fee on civil case filings. Authorizes counties to assess a fee on all civil case filings by the circuit court to provide funding to qualified nonprofit organizations to implement a neutral site child custody exchange program.  In scope. Oppose.

HB 363 – Appointment of acting county municipal judge. Allows for the appointment of an acting county municipal court judge on a temporary basis if any judge of a county municipal court becomes ill or is otherwise unavailable.  In Scope. Support concept.

HB 370 – Surcharge in municipal traffic cases. Allows municipalities to assess an additional surcharge of up to $7 per municipal traffic violation case unless the case has been dismissed by the court or the court finds the defendant unable to pay the cost.

HCS HB 371 – Judicial Omnibus Bill. Changes the laws re­garding judicial procedure. Among other provisions, this legislation includes:

STATE COURT ADMINISTRATORS. Prohibits the De­partment of Revenue from releasing the home address or any vehicle information for a judge or member of their immediate family, even if the judge’s status or qualification for the exemption changes; replaces the chairman of the circuit court budget committee with the chairman of the court automation committee for purposes of services on the Criminal Records and Justice Information Advisory Committee; allows the state courts administrator to seg­regate fees that are collected for a particular purpose and not be disbursed for any other purpose.

COURT SURCHARGES. 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; allows the circuit court in any circuit, except Jackson County or any circuit that reimburses the state for the salaries of family court commissioners, to change the surcharge in civil ac­tions to any amount up to $15.

COURT REPORTERS. States that in cases where an ap­peal is taken, the court reporter must receive the sum of three dollars and fifty cents per twenty-five-line page for the original and up to three copies of the transcript, and the sum of fifty cents per twenty-five-line page for each additional copy thereof; in criminal cases where an appeal is taken and the court determines that the defendant is unable to pay the costs of the transcript, the court must order the court reporter to provide three paper or electronic copies of the transcript; the court reporter must receive the sum of two dollars and sixty cents per page for each addi­tional copy thereof; an electronic version of all transcripts must be provided.

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 LAW ENFORCEMENT PROCESS SERVERS. Gives sheriffs or any other law enforcement officer absolute immunity when conducting service of process at the direction of any court.

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.

CREDIT AGREEMENTS AND MORTGAGE ORIGI­NATORS. Requires credit agreements to be executed by both the debtor and the lender and signed by the debtor; requires one hour of Missouri law and regulations continu­ing legal education for mortgage loan originators.

ADOPTION. Allows a written consent to adoption to be executed in front of a judge and requires the judge to advise the consenting birth parent of the consequences of consent; specifies when a consent to adoption is final; allows a juve­nile court to permit a parent to waive the necessity of his or her consent to a future adoption of the child; specifies consent to the adoption of a child is not required of a man who has reason to believe he is the biological father of an unborn child and who attempted to coerce the mother of the child to obtain an abortion.

INTERFERENCE WITH CUSTODY. Specifies that if custody, visitation, or third-party custody is denied or interfered with by a parent or third party without good cause, the aggrieved person may file a family access motion with the court stating the specific facts that constitute a violation of a judgment of paternity.

EXEMPTION FOR HSAS AND INHERITED IRAS. Adds interest in health savings plans and inherited accounts to the list of exemptions in bankruptcy proceedings. *** Drafted by The Missouri Bar Probate & Trust Law Commit­tee and approved by the Missouri Bar Board of Governors as Bar-drafted legislation.

HCS HBs 373 & 435 / SB 22 – Circuit and appellate judicial districts. Grants the authority to redraw the circuit and appellate judicial districts every 10 years to the Supreme Court. In scope. No position.

HCS HBs 374 & 434 / SB 21 – Transfer of circuit and associate circuit judge positions. Allows the Missouri Supreme Court to make permanent transfers of a circuit judge or associate circuit judge position from one circuit to another as needed with certain restrictions.

HB 376 – Family Court Commissioners. Allows the Thirty-first Judicial Circuit in Greene County to appoint a family court commissioner whose compensation must be payable by the state without the necessity of reimbursement.

HCS HB 468 – Immunity for law enforcement process servers. Gives sheriffs or any other law enforcement officer absolute immunity when conducting service of process at the direction of any court.  In scope.  Oppose.  The Missouri Bar is presumptively opposed to special immunities and supports the criminal justice and civil trial system to solve disputes about liability.  

HB 757 / SB 267 – Application of foreign law in in con­tractual disputes. Specifies how courts may rule in con­tractual disputes involving the law of other countries and jurisdictional issues involving other countries.   

SB 44 – Court surcharge for certain circuits. Allows circuit courts that reimburse the state for the salaries of family court commissioners to charge up to a twenty dollar sur­ charge for cases. In scope. Support adequate judicial resources.

SCS SB 45 – Reimbursement of salaries for family court commissioners. Creates an exception for the thirty-first judicial circuit from reimbursing the state for salaries of family court commissioners. In scope. Support adequate judicial resources.

SB 81 – Award of attorney fees in civil rights cases. Gives the courts discretion to award attorney’s fees to prevail­ing parties in civil actions where civil rights have been violated. In scope. Oppose, consistent with The Missouri Bar’s previous opposition to “loser pays” provisions and support of the American Rule.

SCS SB 118 – Veterans Treatment Courts. Authorizes the creation of veterans treatment courts. In scope. Support special docket for veterans.

SB 152 – Juvenile offenders. Allows judges to suspend the imposition of an adult criminal sentence for juvenile of­fenders. In scope. Support.

SB 245 – Waiver of court expenses for law school clinics. Adds law school clinics to the list of organizations who may waive court expenses without filing a motion. In scope. Support.

SB 310 – Expungement of criminal records. Creates a petition process for the expungement of records relating to certain criminal offenses.

SB 336 / SB 425 – Alternatives to nonjudicial foreclosure. Allows debtors facing nonjudicial foreclosure to choose mediation or judicial foreclosure as alternatives.

SB 351 – Disqualification of judges. Mandates that judges must disqualify themselves from hearing a proceeding in certain situations. Specifically, this legislation provides that a judge who is appointed shall be disqualified from hear­ing a case when an attorney or a party to the case being heard served on one of the commissions that nominated the judge, or if a party’s attorney is currently employed by a firm who also employs a person so served. In scope. Oppose.

SB 355 – Court surcharge for sheriffs’ retirement fund. Changes the court surcharge which is paid to the sheriffs’ retirement fund from three dollars to two dollars.

SB 414 – Indigent criminal defense. Modifies provisions re­lating to the legal defense of indigent persons. (For a more complete summary of this legislation, see Criminal Law)
 
SB 448 Armed offender docket.– Allows the circuit court of the city of St. Louis to create of a special armed of­fender docket.

SB 451 – Removal of records from CaseNet. Allows a party to petition the court to have civil court records removed from an automated case management system.

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