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
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
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
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:
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.
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.
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.
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.
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
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.
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
FOR COMMUNITY SERVICE SUPERVISORS. Gives limited civil immunity to any entity that supervises
community service work performed in connection with a written deferred
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.
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.
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.
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
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
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
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.