Missouri Senate

Perfected

BLUE BOOK

(Section 11.010 and 11.025)

These provisions allow the secretary of state to enter into an agreement with a nonprofit organization, so that the nonprofit organization may print and distribute the official manual of the state. The nonprofit organization is required to charge a fee for a copy of the manual to cover the cost of production and distribution.

These provisions are similar to HB 714 (2011) and HCS/HB 889 (2011).

DEPARTMENT OF REVENUE RECORDS

(Section 32.056)

Currently, the Department of Revenue is prohibited from releasing the home address or any information contained in the motor vehicle or driver registration records of parole officers, federal pretrial officers, peace officers, and their immediate family members. This act also prohibits the department from releasing this information for certain federal and state court judges.

This provision is similar to HB 784 (2011), HCS/HB 253 (2011) and HB 1811 (2010).

CHARTER COUNTIES

(Section 56.061)

This provision provides that nothing in the sections regarding the election and authority of a county prosecuting attorney shall be construed to interfere with a charter county's ability to determine the time of election cycles.

This provision is similar to HCS/HB 253 (2011).

PROSECUTION DIVERSION PROGRAMS

(Section 56.089)

This provision allows a prosecuting attorney to divert a criminal case to a prosecution diversion program with the consent of the criminal defendant for a period of six months to two years. The statute of limitations on that criminal case will be tolled during the diversionary program. The prosecuting attorney may divert any criminal case, except for cases where the accused person's participation in a diversion program would prevent a conviction from appearing on the driving record of a commercial driver's license holder in violation of federal regulations.

The prosecuting attorney has the sole authority to develop the diversionary program requirements and may impose conditions, including the payment of restitution and the payment of an administrative handling cost that will go to fund the expenses of the prosecuting attorney's office. The prosecuting attorney may also collect money for the Missouri Office or Prosecution Services Fund from the person accused of a crime. When a person accused of a crime completes the diversionary program, the person is entitled to not have the case filed or the criminal charges dismissed.

Any person or organization involved in supervising activities that are part of the prosecution diversion program will have immunity from lawsuits by the person accused of a crime, except for suits for intentional tort or gross negligence.

JUVENILE COURT JURISDICTION

(Section 211.031)

Currently, juvenile courts do not have jurisdiction over a child who is fifteen and a half years old and is accused of violating a non-felony state or municipal traffic ordinance or regulation. This provision lowers the age to fifteen, so that the juvenile court will not have jurisdiction over traffic cases involving these children.

This provision is similar to HB 164 (2011), HB 1421 (2010), and a provision of HCS#2/HBs 1692, 1209, 1405, 1499, 1535 & 1811 (2010).

ELECTRONIC MONITORING OF CERTAIN OFFENDERS

(Sections 221.025, 221.105, 544.455, 544.470, and 557.011)

This act allows a judge to release a person convicted of certain offenses on electronic monitoring. The individual will receive credit for any period on electronic monitoring against any period of confinement or incarceration ordered.

The judge may charge the costs of the electronic monitoring to the individual as a condition of their sentence. If the judge finds the individual unable to afford the costs of electronic monitoring, the state is required to reimburse the county, subject to appropriations, up to twelve dollars per day per individual.

The act also allows a judge to order a person charged with a bailable nonviolent offense who does not post bail prior to appearing before the judge to be placed on house arrest with electronic monitoring.

The circuit court may adopt a local rule allowing for the pretrial release on electronic monitoring in lieu of confinement of individuals charged with certain offenses specified in the court rule.

This section is similar to SB 387 (2011), HB 159 (2011), HCS/HB 253 (2011), and .

LICENSE PLATES AND DRIVERS LICENSES OF JUDGES

(Section 301.146)

This provision allows certain state and federal judges to request special license plates and drivers licenses.

This section is similar to HCS/HB 253 (2011), HB 1811 (2010), and a provision of HCS#2/HBs 1692, 1209, 1405, 1499, 1535 & 1811 (2010).

PUNISHMENTS FOR CERTAIN CRIMES

(Sections 302.020, 302.021, 303.025, and 311.325)

These provisions modify the punishments for several crimes, including operating a vehicle without a valid license, operating a motorcycle without passing an examination for the operation of a motorcycle, operating a vehicle with another person's license, driving while revoked, failing to maintain financial responsibility, and purchasing, possessing, or being intoxicated when a person is under twenty-one. These provisions also specify that prior guilty pleas and findings of guilt in criminal cases for these crimes must be plead and proved in the same way that prior convictions are plead and proved when a criminal defendant is found to be a prior offender, persistent offender, dangerous offender, persistent sexual offender, or predatory sexual offender.

These provisions are similar to HCS/HB 253 (2011).

COURT RECORDS

(Section 452.430)

Currently, any pleadings other than interlocutory or final judgments in divorce or legal separation cases or modification proceedings filed prior to August 28, 2009, shall only be inspected by the parties and certain other individuals, unless the document was filed more than 72 years before the request for inspection. This provision allows other individuals to receive records from these cases and requires court clerks to redact the Social Security number from any copy of a filing, pleading, judgment or satisfaction of judgment in these cases upon request.

FULL ORDERS OF PROTECTION

(Section 455.007)

This provision allows appeals of expired orders of protection, by requiring that the public interest exception to the mootness doctrine be applied to these appeals.

This section is similar to HCS/HB 253 (2011), and HB 1406 (2010).

INFORMATION TO BE ENTERED INTO MULES

(Section 455.040)

Law enforcement agencies maintaining the Missouri Uniform Law Enforcement System ("MULES") shall include certain child custody and visitation information when entering an order of protection into the system.

This section is similar to HB 234 (2011), HCS/HB 253 (2011), HCS/HBs 504, 505 & 874 (2011), and SS#2/SCS/SB 320 (2011).

GUARDIANSHIP

(Sections 475.060, 475.061, 475.501, 475.502, 475.503, 475.504, 475.505, 475.506, 475.521, 475.522, 475.523, 475.524, 475.525, 475.526, 475.527, 475.528, 475.529, 475.531, 475.532, 475.541, 475.542, 475.543, 475.544, 475.551, 475.552, 475.555)

These provisions modify what information is required in a petition for guardianship for a minor or an incapacitated person and adopt the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA).

A petition for guardianship of a minor will be required to state the location and value of any real property owned by the minor outside of Missouri and the name and address of the trustees of any trust of which the minor is a qualified beneficiary and the purpose of the trust, in addition to the information the petition was previously required to state.

In addition to the information currently required to be included in a petition for guardianship of an alleged incapacitated person, the petition will also be required to state the three most recent addresses at which the incapacitated person lived in the three years before the filing of the petition, the location and value of any real property owned by the incapacitated person outside of Missouri, the name and address of the person's closest known relatives, the name of any adults living with the person, in some situations the name and address of the person's siblings and of their siblings' children, and the name and address of any agent of the person and of any trustee of any trust that the person is a beneficiary of, as well as the purpose of the power of attorney and the purpose of the trust.

The UAGPPJA deals with issues that arise when several states are involved with an adult who lacks the ability to care for their own needs or property. The UAGPPJA includes provisions regarding communication between courts in different states, requests for assistance from a court to a court of another state, and taking testimony in other states. The UAGPPJA allows a Missouri court to treat foreign countries as other states for the purposes of the provisions allowing communication among courts, determining jurisdiction, and transferring a guardianship or conservatorship.

The UAGPPJA establishes procedures for determining which state has jurisdiction over guardianship and conservator proceedings for an incapacitated adult. These procedures establish three levels of priority for a court to follow in deciding whether it has jurisdiction; the adult's home state, followed by states where the adult has significant connections, and then other states. Regardless of the level of priority, the UAGPPJA allows a court in the state where the person is present to appoint a guardian in an emergency, and a court in the state where the person has property has jurisdiction to issue orders regarding the property. If a court determines that it acquired jurisdiction based on unjustifiable conduct, the act allows the court to remedy the situation and assess fees and expenses against the person who engaged in the unjustifiable conduct.

The UAGPPJA also specifies a procedure for transferring a guardianship or conservatorship from one state to another state. This procedure requires the court in the state transferring the guardianship or conservatorship to issue a provisional order transferring the case after making certain findings. The guardian or conservator is required to petition the state that would accept the case and, after holding a hearing, that court is required to grant the transfer, unless someone objects to the transfer and establishes that the transfer would not be in the interest of the incapacitated person, or the guardian or conservator is not eligible to be appointed a guardian or conservator in that state.

The UAGPPJA also creates a procedure for registering orders in Missouri from other states that appointed a guardian or a conservator to manage an incapacitated adult's property. After registration of the guardianship or protective order in Missouri, the guardian or conservator may exercise all the powers authorized in the original states's order, except for powers that are illegal in Missouri.

The provisions of the act regarding transferring guardianship or conservatorship proceedings from one state to another state and that deal with enforcement of guardianship and protective orders in other states apply to proceedings begun before August 28, 2011.

These provisions are similar to SB 213 (2011), HB 130 (2011), and HCS/HB 253 (2011).

PUBLIC ADMINISTRATORS

(Section 475.115)

This act allows a public administrator to request the court to transfer any guardianship or conservatorship case to another county. If the other county meets the venue requirements and the public administrator of the other county consents to the transfer, the court is required to transfer the case. The court with jurisdiction over the other county is required to appoint the public administrator of that county as the person's new guardian or conservator without holding a hearing.

The public administrator is required to file a final settlement of their conservatorship within thirty days of the court transferring the case. This final settlement will be filed in the court with jurisdiction over the original conservatorship and forwarded to the receiving county upon audit and approval.

This act is similar to SB 57 (2011), HB 88 (2011), SCS/HB 142 (2011), HCS/HB 253 (2011), HCS/HB 889 (2011), HCS/SB 145 (2011), and HB 1676 (2010).

MUNICIPAL JUDGES

(Section 479.020)

Currently, a person may serve as a municipal judge until age seventy-five. This provision allows a municipal judge to serve until age seventy-eight.

This provision is similar to a provision of HCS/HB 889 (2011).

COURT SURCHARGE

(Section 488.432)

Currently, a person or organization other than a city, county, or the state of Missouri may be required to pay a certain court surcharge when the party files a civil case. If the person wins the lawsuit, then that amount of money is collected from the losing party. This provision requires a person or organization who loses a lawsuit to a city, county, or the state to pay the city, county, or the state the amount of the surcharge. The city, county, or the state, is then required to pay this amount to the clerk of the appropriate court.

This provision is similar to HB 128 (2011) and HCS/HB 253 (2011).

CRIMINAL CASE SURCHARGE

(Section 488.5026)

Currently, upon the approval of the governing body of a city, county, or St. Louis City, a two dollar surcharge shall be assessed as costs in criminal cases, including cases involving infractions and municipal ordinance violations. This surcharge is deposited into the Inmate Security Fund to develop biometric verification systems for identifying and tracking inmates within the local jail system. This provision requires that all cities, counties, and St. Louis City assess this surcharge and that the money in this fund be used to develop and maintain information sharing systems.

This provision is similar to HB 663 (2011).

INJURIOUS FALSEHOOD

(Section 516.140)

This act specifies that the statute of limitations for an action for injurious falsehood is two years

This section is similar to HB 158 (2011), HCS/HB 253 (2011), and HCS/SB 893 (2010).

ACTIONS FOR CONDUCT OR SPEECH AT PUBLIC MEETINGS

(Section 537.528)

Currently, an action seeking monetary damages against a person for conduct or speech at a public hearing, public meeting, or quasi-judicial proceeding is subject to a special motion to dismiss, motion for judgment on the pleadings, or summary judgment motion, which the court is required to consider on an expedited basis. This act allows any action against a person for conduct or speech at a public hearing, public meeting or quasi-judicial proceeding to be subject to these special procedures, even if the action does not seek monetary damages.

This section is similar to HB 585 (2011), HB 1874 (2010), and a provision of HCS#2/HBs 1692, 1209, 1405, 1499, 1535 & 1811 (2010).

FRAUDULENT PURCHASE OF A FIREARM

(Section 571.063)

This section creates the crime of fraudulent purchase of a firearm and makes this crime a class D felony.

This section is similar to HCS/HB 294 (2011).

PETITIONS TO REMOVE CERTAIN DISQUALIFICATIONS RELATING TO FIREARMS

(Sections 475.375 and 571.092)

These provisions repeal the current procedure and enact a different procedure for an incapacitated adult, or a person who has been involuntarily committed, to petition to remove certain disqualifications regarding firearms.

These provisions are similar to HB 341 (2011) and HCS/HB 253 (2011).

MONEY LAUNDERING

(Section 574.105)

This section changes the crime of money laundering, so that the transaction does not have to include currency of the United States, but can be a transfer of funds by means of another country's currency, or by travelers' check, personal check, bank check, money order, investment securities, and any other form of negotiable instrument.

EMILY KALMER