HCS/SB 1211 - This act modifies provisions regarding court procedures and court personnel.

SESSION LAWS - Sections 2.030 to 2.060 and 3.130 - Requires the Joint Committee on Legislative Research, rather than the General Assembly to annually collate, index, print, and bind all laws and resolutions passed or adopted by the General Assembly. Revises the requirements for publication and the distribution of all laws and resolutions by the joint committee. Allows the joint committee, rather than the secretary of state, to set the price for sale of the laws and resolutions. The act deletes a requirement that the revisor supply each circuit clerk with order forms for the laws. Finally, the act requires each edition of the statutes, along with annotations, be produced in an electronic format. The revisor may distribute the statutes in either electronic or written format to entities specified to receive the statutes.

OFFICE OF PROSECUTION SERVICES - Sections 56.750 and 491.640 - The act allows the office to assist prosecuting attorneys to develop an automated case management and criminal history reporting system. The Prosecutors Coordinators Training Council, rather than the department of public safety, shall be responsibility for duties relating to the protection of witnesses. Such responsibility may be delegated to the Missouri Office of Prosecution Services.

MARION COUNTY DEPUTY SHERIFFS - Section 57.260 - Removes the requirement that deputy sheriffs in Marion County reside in the City of Hannibal.

STATE LEGAL EXPENSE FUND - Section 105.711 - This act modifies the legal expense fund to include any licensed attorney in this state that practices law for no compensation at or through a tax exempt nonprofit community social services center, or through any agency of any federal, state, or local government. The aggregate of any payments from the legal expense fund shall be limited to a maximum of $500,000 for all claims based upon the same act or acts alleged in a single cause and shall not exceed $500,000 for any one claimant. All payments from insurance policies purchased by the state relating to the legal expense fund shall also be limited to $500,000.

Liability or malpractice insurance possessed by an attorney shall not be considered available for payment of a claim to the extent that the legal expense fund is required to make payment. However, an attorney may obtain liability or malpractice insurance for coverage of claims or judgments for amounts that exceed the maximum coverage of the legal expense fund.

The act adds health care providers working in county jails to coverage from the fund.

This provision is similar to HCS/SCS/SB 1247 (2004).

JUVENILE COURTS - Section 211.031 - The juvenile court has concurrent jurisdiction with the municipal court over any child who is alleged to have violated a municipal curfew ordinance. Requires the juvenile officer to make a risk and needs assessment, which will be written on a standardized form approved by the Office of State Courts Administrator (211.141).

DOMESTIC RELATIONS PLEADINGS - Section 452.025 - The act specifies the form for verified pleadings in proceedings under Chapter 452, RSMo.

PARENTING PLANS - Section 452.310 - Currently, a parenting plan must be filed in all cases where custody, visitation or support is being established. The act makes the filing of a parenting plan for any child over the age of 18 optional.

GUARDIAN AD LITEM FEES - Section 452.423 - Allows the court to issue a direct payment order for guardian ad litem fees in a dissolution or separation proceeding.

ADULT ABUSE (ORDERS OF PROTECTION) - Sections 455.010, 455.090, 455.501 and 559.026 - Modifies the definition of "stalking" to remove the word "harass" and include a repeated course of conduct that causes alarm to another person when it is reasonable in that person's situation to be alarmed by the conduct. Such course of conduct must not serve a legitimate purpose. The same changes are made to the definition of "stalking" with regard to an adult engaging in a course of conduct with a child. Courts will retain jurisdiction over a full order of protection for its entire duration. A court may schedule compliance review hearings and enforce willful failures to abide by order. Finally, the shock time in misdemeanors is increased from 15 to 30 days.

PROBATE DIVISION - Section 472.075 - The clerk and other non- judicial personnel of the probate division of the circuit court of St. Louis City will be appointed by the judge of the probate division with the consent of the court en banc, unless otherwise provided by local court rule.

FOREIGN LANGUAGE INTERPRETERS - Sections 476.800 to 476.820 and 491.300 - The act repeals the current section regarding the fees for interpreters and enacts three new sections on interpreters for non-English speaking persons. Courts are required to appoint qualified interpreters in all legal proceedings in which the non-English speaking person is a party or witness. The person may waive the appointment of an interpreter. Interpreters in civil, juvenile and criminal proceedings shall be allowed a reasonable fee approved by the court, but shall not be compensated for travel time. Such fee in criminal matters shall be payable by the state; in other matters it shall be taxed as costs by the court to the parties.

PROBATE COMMISSIONERS - 478.266 - A majority of the circuit judges and "associate circuit judges" in Jackson County may appoint a probate commissioner. Deputy probate commissioners in St. Louis City may be temporarily assigned by the presiding judge to serve as a family court commissioner.

MUNICIPAL JUDGES - 479.020 - The act removes a provision that exempts the municipal judges of Kansas City from the oversight and control of the circuit court.

SMALL CLAIMS COURTS - 482.330 - Increases the maximum number of small claims cases that a party can file in one year from eight to 12.

PASSPORT FEES - 483.537 and 483.550 - Allows court clerks to collect a fee for processing passport applications and allocates 20% of the fee to the county where the application was processed and 80% to the state.

LAW LIBRARY SURCHARGE - 488.429 - The act authorizes any county, other than a county on the nonpartisan court plan, to use moneys from the law library fund for courtroom renovation and technology enhancement or for debt service on county bonds for such enhancements.

SURCHARGE FOR JUDICIAL FACILITY - 488.2275 - Allows Cass County and Jefferson County to assess a $10 surcharge in criminal cases to fund the operation of the county judicial facility.

AFFIDAVITS - Section 490.525 - Authorizes the designee of a person to make an affidavit as to the reasonableness of the amount charged by a person for a service.

JURY DUTY - Sections 494.400 to 494.460 - This act modifies provisions relating to jury service. The act establishes an exception to the current requirement that a person is disqualified from serving as a juror if that person is unable to read, speak, and understand English, when the disability is due to a vision or hearing impairment which can be adequately compensated for through the use of auxiliary aids or services. Certain law enforcement officers and attorneys are no longer automatically disqualified or excused from jury duty. Certain health care professionals must provide a statement to the court certifying that they are providing health care services to patients in order to be excused from jury duty. Requires the judge of the court to make the decision as to whether the juror can be excused for physical or financial hardship reasons and specifies when an exemption for extreme physical or financial hardship is warranted. Persons who have served as juror in the past two years are excused from jury duty. Persons scheduled for jury duty have the one time right to postpone their initial appearance, if the person agrees to a new date for jury duty within six months. A person who fails to appear for jury service and has failed to obtain a postponement is in civil contempt of court and the court may impose a fine not exceeding $500 and order the prospective juror to complete a period of community service. Employers cannot require employees to use personal or sick leave for time spent responding to a summons for jury duty and requires a court to reschedule the service of a summoned juror of an employer with five or fewer employees if another employee has been summoned to appear during the same period. No juror can be required to attend court for prospective jury service more than 20 days in a calendar year.

CLASS ACTION CERTIFICATION - 512.020 - This act allows appeals from orders granting or denying class action certification, provided the court of appeals, in its discretion, allows such an appeal and the appeal shall not stay court proceedings unless so ordered by the trial court or the court of appeals.

TRIAL DE NOVO - 512.080 - Authorizes a trial de novo in matters heard by an associate circuit judge for cases tried before a municipal court and removes trial de novo in matters where the claim for damages was under $3,000.

BANKRUPTCY EXEMPTIONS - 513.430 and 513.440 - This act modifies the dollar amount of certain properties that can be exempted from attachment in bankruptcy proceedings. The act increases the exemption for certain household goods from $1,000 to $3,000. Wedding rings of up to $1,500 are exempt. The act further increases the value of "any other property of any kind" from $400 to $600. Implements of a trade are increased from $2,000 to $3,000. Motor vehicles in the aggregate are increased from $1,000 to $3,000. Mobile homes, when used as a principal residence but not on or attached to real property in which the debtor has a fee interest, are increased from $1,000 to $5,000. A person's right to increase alimony is increased from $500 to $750 a month. The amount that a head of household may exempt from execution is increased from $850 plus $250 for each dependent to $1250 plus $350 for each dependent, including dependents who are determined to be disabled.

INJUNCTIONS - 526.010 - Authorizes both circuit judges and associate circuit judges to issue injunctions.

NAME CHANGE NOTICE - 527.290 - Revises the provisions relating to the public notice of a name change for individuals who are victims of a crime involving domestic violence or child abuse.

LANDLORD/TENANT ACTIONS - 535.020 and 535.030 - Provides that in rent and possession actions, the strict notice requirements for termination of month-to-month tenancies in tenancies at will are not applicable. Removes the requirement that the notice in landlord tenant proceedings be made by certified mail.

STATUTE OF LIMITATION FOR CHILDHOOD SEXUAL ABUSE - 537.046 - Revises the statute of limitations for a civil action for recovery of damages suffered as a result of childhood sexual abuse from five to 10 years after the victim reached the age of 21 or within three years of when the victim discovered that the injury or illness was caused by childhood sexual abuse.

SEARCH WARRANTS - 542.276 - Authorizes application to be submitted by fax or other electronic means. The act deletes a requirements that the judge hold a nonadversary hearing. The warrant must state that searched property must be photographed within 10 days after filing of the application and copies and photographs must be filed with the circuit clerk. Search warrants may be issued by fax or electronic means.

ARREST WARRANTS - 544.020 - Authorizes complaint to be made and warrant issued by fax or other electronic means.

CRIME OF STEALING - 570.030 - Adds documents of historical significance with a fair market value of $500 or more to the items specified in crime of stealing.

CRIME OF LIBRARY THEFT - 570.200 and 570.210 - Revises the definition of "library". The crime includes knowingly defacing or otherwise altering a library book. Payment of the fair market value of a book with no historical significance shall be considered returning the book. The act creates a Class B felony if the value of the book is greater than $25,000.

INVESTIGATIONS OF PEACE OFFICER - 590.118 - Specifies that certain records of investigations by peace officers must be made available to hiring law enforcement agencies.

CRIME VICTIMS' COMPENSATION FUND - 595.045 and 595.050 - The act assesses the crime victims' compensation judgement upon a guilty plea or finding of guilt. The judgement is assessed on all misdemeanors, except certain traffic, conservation and wildlife offenses. The act modifies the distribution of money to the Crime Victims' Compensation Fund and the Services to Victims' Fund. As of September 1, 2004, after making other deposits and appropriations required by statute, the Director of Revenue deposit half of the available balance to the Crime Victims' Compensation Fund and half to the Service to Victims' Fund. Non-profit agencies are exempted from the requirement that such funds shall not supplant existing funds currently used to provide assistance to victims of crime.

ARREST RECORDS - 610.100 - Allows the release of law enforcement incident and investigative reports to family members if the person involved is deceased or incompetent.

ATTORNEY FEES - 630.130 - Allows court-appointed legal counsel in electroconvulsive therapy cases to be awarded reasonable attorney fees.

SEXUALLY VIOLENT PREDATOR COMMITMENTS - Section 632.498 - Upon the filing of a petition for release from a mental health facility, if a court finds by a preponderance of the evidence that a person no longer suffers from a mental abnormality that makes the person likely to engage in acts of sexual violence, then the court may set the matter for a hearing on the issue. Currently, the court must determine that probable cause exists to believe the person's mental abnormality has so changed that they are safe to be at large.

REAL ESTATE LICENSEE LIABILITY - Section 1 - Allows real estate licensees to be immune from civil liability for statements made by engineers, surveyors, geologists, and inspectors in certain situations.

This act is similar to provisions in HCS/SCS/SB 1247 (2004), SB 1138 (2004), SCS/SB 1105 (2004).
JIM ERTLE