JOINT COMMITTEE ON CHILD ABUSE AND NEGLECT

Section 21.771; HB 1842 (2012), HCS/SB 628 (2012), HCS/SB 636 (2012) and HCS/SCS/SB 758 (2012)

This act establishes the Joint Committee on Child Abuse and Neglect which shall be composed of seven members of the House of Representatives appointed by the Speaker and Minority Floor Leader and seven members of the Senate appointed by the President Pro Tem and the Minority Floor Leader. No party may be represented by more than four members of the Senate and four members of the House of Representatives. The Committee will expire on January 15, 2018.

Among other duties, the Joint Committee is required to:

(1) Study and analyze the state child abuse and neglect reporting and investigation system;

(2) Devise a plan for improving the decision process for removal of a child from a home;

(3) Determine the additional personnel and resources necessary

to adequately protect children and improve their welfare; and

(4) Address the need for additional foster care homes and to improve the quality of care provided to abused and neglected children in the custody of the state.

DRIVER'S REGISTRATION AND MOTOR VEHICLE RECORDS

Section 32.056; HB 1627 (2012), HCS/SB 628 (2012) and HCS/SB 636 (2012)

Currently, the Department of Revenue is prohibited from releasing the home address or any other information contained in the Department's motor vehicle or driver registration records for specified groups of individuals. This act adds any state or federal judge or his or her immediate family members to those groups. The act also limits the information withheld to the home address and information that identifies a vehicle owned by an individual in the specified groups.

CRIMINAL CASE SURCHARGE

Sections 56.807 & 488.026; HSC/SB 628 (2012) and HCS/SB 636 (2012)

Currently, a $4 surcharge is assessed in all criminal cases for deposit into the Missouri Prosecuting Attorneys' and Circuit Attorneys' Retirement System Fund except under certain circumstances. This act removes the exception for a person who has pled guilty and paid his or her fine.

COLLECTION OF FINES OR COSTS

Section 67.136; HCS/HB 1211 (2012), HCS/HB 1397 (2012), SCS/HCS/HB 1623 (2012), HCS/SB 628 (2012), HCS/SB 636 (2012), HCS/SCS/SB 692 (2012) and HCS#2/SCS/SB 729 (2012))

The act authorizes local governmental agencies to utilize collection agencies to collect unpaid and past due court fines, administrative fines, or costs associated with a criminal conviction or entry of a civil judgment.

GREENE COUNTY ASSOCIATE CIRCUIT COURT JUDGES

Section 67.2010; SB 572 (2012), HCS/HB 1397 (2012), SCS/HCS/HB 1623 (2012), HCS/SB 628 (2012), HCS/SB 636 (2012), HCS/SCS/SB 692 (2012) and HCS#2/SCS/SB 729 (2012)

Currently, associate circuit judges in Cass County can hear and determine county ordinance violations. This act extends similar authority to associate circuit judges in Greene County.

TRAFFICKING DRUGS

Sections 195.222 & 195.223; HB 1894(2012), HCS/SB 628 (2012) and HCS/SB 636 (2012)

Currently, a person commits the crime of trafficking drugs in the first degree if he or she distributes, delivers, manufactures, produces or attempts to distribute, deliver, manufacture, or produce more than 2 grams of crack. If the quantity involved is between 2 and 6 grams, the person must be sentenced to the authorized term of imprisonment for a Class A felony. If the quantity is 6 grams or more, the person will be ineligible for probation or parole. This act raises the quantity for a Class A felony sentence to between 28 and 280 grams. If the person has 280 grams or more, the person will be intelligible for probation or parole.

Currently, a person commits the crime of trafficking drugs in the second degree if he or she possesses or has under his or her control, purchases, or attempts to purchase or brings into this state more than 2 grams of crack. If the quantity involved is between 2 and 6 grams, the person will be guilty of a class B felony. If the quantity is 6 grams or more, the person will be guilty of a Class A felony. This act raises the quantity for a Class B felony sentence to between 28 and 280 grams. If the person has 280 grams or more, the person will be guilty of a Class A felony.

FOSTER CARE LICENSURE INFORMATION

Section 210.567; HB 1327 (2012), HCS/HB 1568 (2012), HCS/SB 628 (2012) and HCS/Sb 636 (2012)

This act authorizes public governmental bodies to close meetings, records, and votes to the extent they relate to personal information obtained in the process of licensing a foster home. The Division of Family Services must make a report available for each foster home that is licensed containing the following:

(1) The names of all persons 18 years of age or older licensed to operate the foster home and the amount of state funds paid to the operator for foster care services;

(2) A description of the background investigation conducted on all persons operating or maintaining the foster home including a description of submitted documents and training of the operators;

(3) A description of all concerns raised during the background investigation and foster home licensure process and how those concerns were resolved;

(4) A description of a person's ability to perform the minimum competency requirements of a foster parent;

(5) A list of all references provided by each person, stating the reference's name, how and when the reference was contacted, and a brief description of the reference's opinion of the person;

(6) The number of the operator's previous care assignments; and

(7) Any history of previous complaints involving the foster care operator or the foster child.

The report is not to contain the address of any residence or any personal information not otherwise required. It must not contain any information that is otherwise closed, confidential, or privileged. Information obtained in the process of licensing a foster home will be considered public record in the event of serious injury, death, or criminal incident involving a foster child.

JUVENILE COURT JURISDICTION

Section 211.031; HB 1171 (2012), HCS/SB 638 (2012), HCS/SB 636 (2012) and HCS/SCS/SB 758 (2012)

Current law provides that the juvenile court shall have jurisdiction over any child up to 15 and 1/2 years of age who is involved in a state or local traffic violation. This act lowers such age so that the juvenile court would have jurisdiction over any child up to 15 years of age in such instances.

TERMINATION OF PARENTAL RIGHTS

Sections 211.093, 211.177, 452.374, & 452.402; HCS/SB 628 (2012) and HCS/SB 636 (2012)

This act prohibits a person who commits an act of rape from obtaining custody or visitation rights to the child who is the product of the rape.

PERFECTION OF SECURITY INTERESTS

Section 400.9-311; HB 1153 (2012), HCS/HB 1400 (2012), HCS/SCS/SB 485 (2012), HCS/SB 628 (2012), HCS/SB 636 (2012), CCS/HCS/SCS/SB 635 (2012), HCS/SCS/SB 726 (2012)

Currently, security interests in property subject to certain federal or state filing requirements can only be perfected by following such requirements. There is an exception for property held as inventory by a person in the business of selling or leasing goods of that kind. This act removes persons in the business of leasing goods of that kind from the exception.

ADOPTION PROCEEDINGS

Section 453.030, 453.050 & 453.080; HB 1384 (2012), HB 1088 (2012), HCS/HB 1137 (2012), HCS/SB 628 (2012), HCS/SB 636 (2012) and HCS/SCS/SB 711 (2012)

This act allows the written consent required for adoption or a waiver of necessity of consent for future adoptions to be executed in front of a judge instead of a notary public. If executed in front of a judge, the judge must advise the consenting or waiving birth parent of the consequences of the consent or waiver.

Currently a written consent must be reviewed by a judge within 3 business days. The judge may approve the consent or schedule a hearing. Consent may be withdrawn anytime before approval by the judge. This act makes the written consent final upon execution unless the consenting party proves before the final adoption decree and by clear and convincing evidence that consent was not given freely. A consent to an adoption must have been executed not more than six months prior to the date the petition for adoption is filed.

The act requires a court conducting a final adoption hearing to determine whether the court has received and reviewed an investigation report under Section 453.070 or an investigation and social study under Section 211.455, if either are available. By January 1, 2013, the Missouri Supreme Court must develop a standardized form to be used in all adoption cases which includes a checklist to verify that all the documents and procedures required by law have been submitted, followed, and reviewed by the judge prior to the entry of a final order. The form and attachments must be included as part of the adoption record.

QUALIFIED SPOUSAL TRUSTS

Section 456.950; SB 636 (2012), HB 1165 (2012) and HCS/SB 628 (2012)

Currently ,trusts that hold a certain kind of property owned by a husband and a wife will be considered a qualified spousal trust if the property is held in one trust or the property is held in two separate shares of one trust. This act allows a trust to be considered a qualified spousal trust if the trust consists of both property held in one trust for both spouses and property held in two shares of one trust for each spouse.

TRUST PROTECTORS

Section 456.8-808; HB 1166 (2012), SB 761 (2012), HCS/SB 628 (2012) and HCS/SB 636 (2012)

This act modifies the law regarding trusts to specifically allow for the appointment of a trust protector. The trust protector is a person who is given power over the trust by the document that creates the trust.

The trust protector's powers may include: the power to remove and appoint a trustee, or name a successor trust protector, the power to modify or amend the documents that created the trust, the power to modify the interests of a beneficiary of the trust, the power to terminate the trust in favor of the beneficiary, the power to change which law applies to the trust and which state the trust is located in, and any powers that are expressly included in the trust documents.

The trust protector is not a trustee but shall act in a fiduciary capacity in carrying out the duties and powers granted by the trust instrument to the trust protector. The trust protector will not be liable for his or her acts or omissions unless they are done in breach of the trust protector's duty, in bad faith, or with reckless indifference. Unless it is established that the trust protector acted in bad faith or with reckless indifference, the trust protector will be reimbursed from the assets of the trust for the costs and expenses of defending a lawsuit against him or her. A trust protector is entitled to reasonable compensation from the trust assets for carrying out the powers given to them by the trust document.

The act also provides that the trust protector is entitled to certain information about the trust, provides authority for a trust protector to resign by providing written notice to the trustee, and specifies that the courts have jurisdiction over a trust protector while the administration of the trust is in Missouri.

COURT AUTOMATION FUND

Section 476.055; HB 1460 (2012), HCS/SB 628 (2012) and HCS/SB 636 (2012)

Currently, a court fee is collected and deposited into the Statewide Court Automation Fund. The Court Automation Committee may use moneys in the fund for court automation. Collection of the fee is set to expire on September 1, 2013. The Committee is to cease functions no later than September 1, 2015. Unexpended moneys remaining in the fund will be transferred to the general revenue fund on September 1, 2013.

This act extends collection of the court fee until September 1, 2018. The Committee's will continue to operate until September 2, 2020.

ADMINISTRATIVE ADJUDICATION SYSTEM

Section 479.011; SCS/HCS/HB 1623 (2012), HCS/SB 628 (2012), HCS/SB 636 (2012) and HCS#2/SCS/SB 729 (2012)

Springfield will be allowed to establish an administrative adjudication system.

MUNICIPAL ORDINANCE VIOLATIONS

Section 479.040; HB 1636 (2012), HCS/SB 628 (2012) and HCS/SB 636 (2012)

Currently, municipalities that make an election to have violations of their ordinance heard by an associate circuit court or county municipal court must have all violations of their ordinances heard by such a court. This act allows municipalities to elect to have only violations by an accused with special needs due to mental illness or mental disorder heard by such courts. If the election is for an associate circuit court to handle such matters, the presiding judge of the circuit must consent to the election. If the election is for a county municipal court to handle such matters, a county contract must permit the election.

The prosecutor must make a designation of special needs on the information. The matter will be transferred back to the municipal court if the associate circuit court or county municipal court does not have established resources for handling such matters or the court determines the accused does not have special needs.

ST. LOUIS CITY CIRCUIT CLERK

Section 483.015; HB 1560 (2012), SB 788 (2012), HCS/SB 628 (2012) and HCS/SB 636 (2012)

This act requires that the circuit clerk for the twenty-second judicial circuit be appointed by a majority of the judges of that circuit. The circuit clerk shall be removable for cause by a majority of the circuit judges. The elected circuit clerk holding office when this act takes effect will remain in office for the remainder of his or her term.

SURCHARGE IN CIVIL COURT CASES

Section 488.426; HB 1391 (2012), HB 1667 (2012), SB 573 (2012), HCS/SB 628 (2012) and HCS/SB 636 (2012)

Currently, circuit courts can require a party filing a civil case to pay a surcharge up to $15. Jackson county is authorized to charge up to $20. This act authorizes circuit courts that reimburse the state for salaries of their family court commissioners to also charge up to $20.

FEES FOR TRANSCRIPTS

Section 488.2250; HCS/SB 628 (2012) and HCS/SB 636 (2012)

Currently, a fee of $2 is charged per 25 line page for a transcript of testimony or proceedings in a circuit court. A fee of $0.35 per page is charged for each additional copy. This act raises the fee to $3.50 per page for the original and up to 3 copies. The fee is raised to $0.50 per page for each additional copy. The act states that these fees will only apply in cases where an appeal is taken. All copies of transcripts must be provided by a certified court reporter.

This act allows the court reporter to furnish electronic copies of the transcript when ordered to provide transcripts by the court in criminal cases where the defendant is unable to pay the costs. In such cases the state will reimburse the court reporter for the costs. The act raises the amount being reimbursed from $2 to $2.60.

CHARGES FOR LAW ENFORCEMENT SERVICES

Section 488.5320; HB 1675 (2012), SB 779(2012), SCS/HB 1094 (2012), HCS/SB 628 (2012), HCS/SB 636 (2012)

Currently, sheriffs, county marshals and other officers are not allowed to charge for their services rendered in cases disposed of by a traffic violations bureau. This act allows these official to charge six dollars for their services. One-half of the amount collected will be deposited in the MODEX fund. The other half will be deposited in the inmate security fund of the county or municipality where the citation originated. If the county or municipality does not have an inmate security fund, all of the amount collected shall be deposited in the MODEX fund.

This act creates the MODEX fund. The fund will be used for the support and expansion of the Missouri Data Exchange (MODEX) system. The Peace Officers Standards and Training Commission will administer the fund.

COST FOR EXAMINING ELECTRONICS IN SEXUAL OFFENSE CASES

Section 488.5375; HB 1896 (2012), HCS/SB 628 (2012) and HCS/SB 636 (2012)

This act allows courts to order a defendant, upon a plea of guilty or a finding of guilt for a felony sexual offense, to reimburse the state or local law enforcement agency for the reasonable costs incurred in the examination of certain seized electronic devices. The costs will be established by each law enforcement agency, but the court may reduce the costs if it determines them to be excessive.

PROPERTY EXEMPT FROM ATTACHMENT & EXECUTION

Sections 513.430 & 513.440; HB 1527 (2012), SB 683 (2012), HCS/SB 628 (2012) and HCS/SB 636 (2012)

Currently any motor vehicle less than $3,000 in value is exempt from execution or attachment. This act requires that all motor vehicles owned by a debtor be considered together and only their aggregate value less than $3,000 shall be exempt. Mobile homes used as principal residences cannot be attached to real property to be exempt. The exemption for local public assistance benefits is broadened to include all public assistance benefits. The age for dependents included in the head of household exemption calculation is raised from eighteen to twenty-one.

LANDOWNER LIABILITY TO TRESPASSERS

Sections 537.345, 537.346 & 537.351; HB 1194 (2012), HB 1196 (2012), HCS/HB 1254 (2012), HB 1286 (2012), HCS/HB 1860 (2012), HCS/SB 628(2012), HCS/SB 636 (2012) and HCS/SCS/SB 631 (2012)

This act specifies that possessors of real property owe no duty of care to a trespasser except for intentional acts. Three other exceptions are created where the possessor may be liable for the death or injury of a trespasser:

(1) Children trespassers injured by a dangerous condition on the land;

(2) Possessor knows that trespassers frequently intruded on an area with a dangerous artificial condition; or

(3) Possessor knows of the trespassers presence and failed to warn of a dangerous condition.

CONDUCT AT PUBLIC MEETINGS

Section 537.528; HB 1615 (2012), HCS/SB 628 (2012) and HCS/SB 636 (2012)

Currently, any action seeking monetary damage against a person for conduct or speech at a public hearing or meeting is subject to a special motion to dismiss, a motion for judgment on the pleadings, or a motion for summary judgment so it can be considered on an expedited basis. This act allows any action against a person for conduct or speech at a public hearing or meeting to be subject to these special motions.

UNCLAIMED SEIZED ELECTRONICS

Section 542.301; HB 1896 (2012), HCS/SB 628 (2012) and HCS/SB 636 (2012)

This act specifies that computers, computer equipment, computer software and hardware, cellular telephones, or other devices capable of accessing the internet which are used by the owner or with the owner's consent as a means for committing felonies must be forfeited to the state. Such forfeited equipment that had been used in the acquisition, possession, or distribution of child pornography or obscene material may, upon a court order, be retained by the law enforcement agency and used in criminal investigations.

SENTENCING ADVISORY COMMISSION

Section 558.019; HCS/HB 1515 (2012), HB 1817 (2012), HCS/SB 628 (2012), HCS/SB 636 (2012) and HCS/SB 739 (2012)

The requirement that the Sentencing Advisory Commission biannually distribute its sentencing recommendations is eliminated. The commission is prohibited from making recommended sentences for specific cases pending in the courts.

RESTITUTION

Sections 559.100, 559.105 & 570.120; HB 1382 (2012), HCS/SB 628 (2012) and HCS/SB 636 (2012)

Currently, restitution is to be paid to the victim by persons convicted of or pleading guilty to stealing or tampering with motor vehicles, watercraft, or aircraft. This act broadens the situations where restitution is paid to a conviction or pleading guilty to any offense.

This act requires restitution to be paid through the office of the prosecuting or circuit attorney. Each prosecuting or circuit attorney who takes action to collect restitution must assess the person paying restitution an administrative handling cost of $25 for restitution for an amount of less than $100, $50 for an amount between $100 and $249, and a fee of 10% of the total restitution for an amount of $250 or more. The maximum fee for administrative handling costs is not to exceed $75. A $2 installment cost must also be assessed for each installment payment, except for the first installment, until the amount of restitution is paid in full.

The moneys collected by the prosecuting or circuit attorney must be deposited into the newly created Administrative Handling Cost Fund to be expended by the prosecuting or circuit attorney for office supplies and equipment, capital outlays, trial preparation expenses, additional staff, and employees' salaries. Money collected from persons convicted of or pleading guilty to passing bad checks must also pay a similar amount into the fund. Money collected in the fund will remain in the fund year to year and not revert to the general revenue fund.

In addition to the administrative handling cost, the prosecuting or circuit attorney must collect $5 per each crime victim to whom restitution is paid to be deposited into the Missouri Office of Prosecution Services Fund.

Court-ordered restitution may be taken from an inmate's account at the Department of Corrections while the inmate is incarcerated; and upon release from imprisonment, the payment of any unpaid balance may be collected as a condition of conditional release or parole.

SEXUAL MISCONDUCT INVOLVING A CHILD

Section 566.083; HB 1896 (2012), HSC/SB 628 (2012) and HCS/SB 636 (2012)

The crime of sexual misconduct involving a child is modified to include when a person knowingly coerces or induces a female child who is known by the person to be younger than 15 years of age to expose the breasts of a female child through the internet or other electronic means for the purpose of arousing or gratifying the sexual desire of any person, including the child.

ENTICEMENT OF A CHILD

Section 566.151; HB 1896 (2012)

The current crime of enticement of a child is changed to the crime of enticement of a child in the first degree.

FIRST DEGREE PROPERTY DAMAGE

Section 569.100; HB 1125 (2012), HCS/SB 628 (2012) and HCS/SB 636 (2012)

The crime of property damage in the first degree is modified to include when a person knowingly damages a motor vehicle of another while making entry into the vehicle for the purpose of stealing it or the damage occurs while committing the crime of stealing within the vehicle. Anyone who commits this crime will be guilty of a Class C felony unless it is a subsequent violation in which case he or she will be guilty of a Class B felony.

MIKE HAMMANN