RELEASING INFORMATION:

The act repeals the requirement that a member of the judiciary must notify the Department of Revenue when the member's status changes and the member no longer qualifies for the exemption from the release of certain information (32.056).

This provision is identical to provisions in CCS/SCS/HCS/HB 374 & 434 (2013) and CCS/HCS/SB 100 (2013).

CRIMINAL RECORDS AND JUSTICE INFORMATION ADVISORY COMMITTEE:

Within the Department of Public Safety there is a Criminal Records and Justice Information Advisory Committee, which is composed of various members. This act replaces the chairman of the circuit court budget as a member of the committee with the chairman of the court automation committee (43.518).

This provision is identical to provisions in CCS/SCS/HCS/HB 374 & 434 (2013) and SS/SCS/HCS/HB 215 (2013), and CCS/HCS/SB 100 (2013).

PROSECUTING ATTORNEYS AND CIRCUIT ATTORNEYS' RETIREMENT SYSTEM:

Currently, each county must transfer a certain sum of money to the Missouri Prosecuting Attorneys and Circuit Attorneys' Retirement System Fund. This act provides that each county's contribution shall be adjusted in accordance with the retirement system's funded ratio and a schedule provided in the act.

The act also states that a four dollar surcharge, payable to the prosecutor's retirement system, shall be assessed in cases where a person pleads guilty and pays a fine through a fine collection center (56.807, 488.026).

These provisions are identical to provisions in HCS/HB 169 (2013) and HCS/SB 100 (2013).

LAW ENFORCEMENT IMMUNITY:

The act states that law enforcement officers shall have immunity from civil and criminal liability when conducting service of process (57.095).

This provision is identical to provisions in HCS/SB 100 (2013) and similar to SB 322 (2013).

SEXUAL OFFENSES:

Under the act, the crimes of forcible rape and sexual assault are renamed first and second degree rape, the crimes of forcible sodomy and deviate sexual assault are renamed first and second degree sodomy, and the crimes of sexual abuse and first degree sexual misconduct are renamed first and second degree sexual abuse. Second and third degree sexual misconduct are renamed first and second degree sexual misconduct.

References throughout the statutes to the former names are updated to reflect the change. One of the statutes that contained the former names, a section that prohibits insurers from taking certain actions based on a person's status as a domestic violence victim, was further modified to align with statutory definitions in current law related to domestic violence.

Under current law, forcible rape, forcible sodomy and sexual abuse all occur when a person engages in certain specified sexual conduct with another person by forcible compulsion. In addition to renaming the above crimes, this act provides that a person violates the law when engaging in the sexual conduct with another person who is incapacitated, incapable of consent, or lacks the capacity to consent, or by forcible compulsion.

Under current law, assent does not constitute consent if it is given by a person who due to youth, mental disease or defect, or intoxication is manifestly unable to make a reasonable judgement regarding the conduct charged. This act provides that a drug-induced state or any other reason can result in the person being unable to consent.

In addition, the act repeals a provision that specified that a person is not to be considered incapacitated if the person became incapacitated after consenting to an act. Also repealed is a provision of current law specifying that a crime is not committed when an offender reasonably believed that the victim consented to the act and was not incapacitated.

Current law provides that multiple sentences of imprisonment must run concurrently unless the court specifies that the sentences are to run consecutively, except when the sentences are for the crimes of rape or sodomy, in which case the sentences for those crimes must run consecutively. Under this act, sentences for the crimes of first degree statutory rape and first degree statutory sodomy must also run consecutively. (160.261, 167.115, 168.071, 188.023, 211.071, 211.447, 217.010, 339.100, 375.1312, 556.036, 556.037, 556.061, 558.018, 558.026, 559.115, 559.117, 566.020, 566.030, 566.031, 566.060, 566.061, 566.093, 566.095, 566.100, 566.101, 566.224, 566.266, 589.015, 590.700, & 632.480).

These provisions are similar to provisions in SS/SCS/HCS/HB 215 (2013), SCS/HB 301 (2013), HCS/HB 589 (2013), HB 280 (2013), HCS/HB 210 (2013) and SB 214 (2013).

ROADSIDE CHECKPOINTS:

This act prohibits law enforcement agencies from establishing roadside checkpoints or road block patterns based upon a particular vehicle type, including the establishment of motorcycle-only checkpoints. Law enforcement agencies may establish roadside checkpoint patterns which only stop and check commercial motor vehicles. These provisions shall not be construed to restrict any other type of checkpoint or road block which is lawful and is established and operated in accordance with the provisions of the United States Constitution and the Constitution of Missouri (304.152).

This provision is identical to SB 73 (2013), HB 594 (2013), SB 897 (2012), and similar to HB 1005 (2013).

CREDIT AGREEMENTS:

Under the act a credit agreement must be executed by both the debtor and the lender for a debtor to maintain an action upon or defense related to the credit agreement (432.047).

This provision is identical to HB 375 (2013) and CCS/HCS/SB 100 (2013).

MORTGAGE LOAN ORIGINATORS:

The act requires licensed mortgage loan originators to complete one hour of continuing education in Missouri law and regulations, as part of the eight hours of education necessary to maintain licensure. (443.723).

This provision is identical to provisions in CCS/HCS/SB 100 (2013).

CHILD CUSTODY:

The act defines the term "coerce" as used in child custody proceedings to mean forcing a person to act in a given manner or to compel by pressure or threat. If the court finds that a parent of a child, while the child was unborn, attempted to coerce the mother of the child to obtain an abortion, the court may deny custody to the parent (452.375).

Under current law, a parent not granted custody of a child is still entitled to reasonable visitation rights, unless the court finds that visitation would endanger the child. The act provides that the court may exercise its discretion in granting visitation to a parent not granted custody, if such parent, while the child was unborn, attempted to coerce the mother of the child to obtain an abortion (452.400.1).

Currently, when custody or visitation is interfered with by a parent without good cause the aggrieved person may file a family access motion with the court stating the facts which constitute a violation of the judgment of dissolution or legal separation. This acts states that the aggrieved person may file a family access motion with the court also for a violation of a judgment of paternity (452.400.3).

Provisions of this section are similar to provisions of HCS/SB 100 (2013).

ADOPTION PROCEEDINGS:

The act adds a definition for the term "coerce" as used in adoption proceedings (453.015).

When the person sought to be adopted is under eighteen then written consent of certain persons is required. The act specifies that the signatures of the mother of the child, the man who has established paternity of the child or the current adoptive parents of the child must executed in front of a judge or before a notary. If the signatures are executed in front of a judge then the judge must advise the birth parent of the consequences of consent.

Consent for adoption is final upon execution of the signatures unless proved that consent was not freely given. The consent to adoption of a man who has reason to believe he is the biological father of an unborn child and who attempted to coerce the mother to obtain an abortion is not required.

A parent may waive the necessity of consent to future adoption of the child, and the waiver must be acknowledged before a notary or executed in front of a judge. When the waiver is executed in front of a judge then the judge must advise the parent of the consequences of the waiver (453.030, 453.040, 453. 050).

Provisions of this section are similar to provisions in CCS/HCS/SB 100 (2013).

FEES COLLECTED BY THE OFFICE OF STATE COURTS ADMINISTRATOR:

The act specifies that moneys collected for providing training to judicial personnel by the Office of State Courts Administrator shall be deposited in a special fund, but moneys in the fund in connection with a particular purpose shall be segregated and not disbursed for any other purpose (476.057).

This provision is identical to provisions in CCS/HCS/SB 100 (2013) and CCS/SS/SCS/HCS/HB 374 & 434 (2013).

DWI COURT:

The act allows the DWI court to use a private probation service when the Department of Probation and Parole is unavailable to assist in the supervision of a person who wishes to enter a DWI court. A person cannot be rejected from participating in the DWI court for not residing in the city or county where the DWI court is located (478.007).

This provision is identical to provisions in HCS/SB 100 (2013).

SPRINGFIELD MUNICIPAL COURT:

The act allows Springfield to impose a surcharge of ten dollars on municipal code violations for the purpose of funding the construction, remodel, repair, and maintenance of the municipal court building. This provision shall expire on December 31, 2033 (479.085).

This provision is identical to provisions in HCS/SB 100 (2013) and SCS/HCS/HB 161 (2013).

SURCHARGES IN CIVIL CASES:

The act modifies provisions which allow Jackson County to charge up to a twenty dollar surcharge when a party files a civil court case. Currently, only Jackson County can charge twenty dollars, and all other circuits may charge up to fifteen dollars. This act authorizes any circuit court that reimburses the state for the salaries of family court commissioners to charge up to a twenty dollar surcharge for such cases (488.426).

This provision is identical to provisions in SB 44 (2013), SCS/SB 45 (2013), CCS/SS/SCS/HCS/HB 374 & 434 (2013), CCS/HCS/SB 100 (2013), and HB 323 (2013).

COURT TRANSCRIPTS COSTS:

The act specifies that the court reporter shall receive three dollars and fifty cents per page for appeal transcripts. When the defendant is indigent or when a judge orders a transcript, the court reporter shall receive two dollars and sixty cents per page (488.2250).

This provision is identical to provisions in CCS/SS/SCS/HCS/HB 374 & 434 (2013), CCS/HCS/SB 100 (2013), HCS/HB 215 (2013), and HCS/SB 73 (2013).

MODEX FUND:

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 officials to charge 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 then all of the amount collected shall be deposited in the MODEX fund.

This act also 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.

The act specifies that sheriffs, county marshals or other officers located in St. Louis County or St. Louis City cannot charge for their services rendered in cases disposed of by a violations bureau (488.5320).

This act is similar to SCS/SB 52 (2013), HCS/HB 169 (2013), HB 86 (2013), HB 464 (2013) and identical to CCS/HCS/SB 100 (2013), CCS/SS/SCS/HCS/HB 374 & 434 (2013), and CCS/HCS/SCS/SB 42 (2013).

BANKRUPTCY PROCEEDINGS EXEMPTIONS:

Under current law a person, either as a participant or a beneficiary, can exempt from attachment in bankruptcy proceedings the right to receive money from a retirement or profit-sharing plan. This act includes a person's interest in health savings plans and inherited accounts to this list of exemptions (513.430).

This provision is identical to provisions contained in CCS/HCS/SB 100 (2013), CCS/SS/SCS/HCS/HB 374 & 434 (2013), SCS/HB 329 (2013), and HB 447 (2013).

COMMUNITY SERVICE:

The act grants limited civil immunity to any entity which supervises community service work performed in connection with a written deferred prosecution agreement (537.602).

This provision is identical to HB 567 (2013) and to provisions in HCS/SB 100 (2013).

DEPOSITION TRANSCRIPTS:

The act provides that a party who takes a deposition in a criminal case is responsible for the costs of providing one copy of the deposition transcript to the opposing party (545.417).

This provision is identical to HB 213 (2013) and to provisions in HCS/SB 100 (2013) and SCS/HCS/HB 374 & 434 (2013) and HCS/HB 215 (2013).

RESTITUTION:

This act provides that restitution must be paid through the office of the prosecuting or circuit attorney.

Additionally, the prosecuting attorney who takes action to collect restitution to collect an administrative handling cost. An installment cost shall also be assessed, and the proceeds of the both the administrative and installment costs are to be deposited by the county treasurer into an "Administrative Handling Cost Fund". Restitution collected from a person found guilty of passing a bad check must also be put in the "Administrative Handling Cost Fund". Additionally, the prosecuting or circuit attorney shall collect five dollars per each crime victim to whom restitution is paid which is to be deposited into the Missouri Office of Prosecution Services Fund.

Current law provides that a court may order a person to make restitution when the person has been found guilty of first degree tampering involving an automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle or stealing a motor vehicle, watercraft, or aircraft. The restitution must include payment for repairs or replacement of the vehicle, watercraft, or aircraft and any costs associated with towing or storage fees. In addition, a person may be required, as a condition of parole, to make restitution. The current restitution law is expanded to apply to any person found guilty of any offense and repeals the provisions requiring the restitution to include repairs, towing, and storage fees. In addition, this act provides that a person shall be required to make restitution as a condition of parole.

This act allows the court to set an amount of restitution which may be taken from the inmate's account while incarcerated by the Department of Corrections.

The act also provides that the payment of restitution may be collected as a condition of conditional release or parole by the prosecuting attorney and that the prosecuting attorney may refer any failure to make restitution as a violation of parole or the terms of conditional release (559.100, 559.105, 570.120).

These provisions are similar to provisions in HCS/SB 100 (2013), HB 214 (2013), SCS/SB 331 (2013), and SS/SCS/HCS/HB 215 (2013), and HB 1382 (2013).

JESSICA BAKER