CCS/SS/SCS/HCS/HB 1231 - This act modifies various provisions regarding the administration of justice.JOINT COMMITTEE ON THE JUSTICE SYSTEM
The act creates a permanent joint committee of the General Assembly to be known as the Joint Committee on the Justice System. The Committee shall consist of members of the General Assembly and three ex officio members. The Committee is charged with reviewing of all aspects of the state's justice system and making any recommendations for legislative change to the General Assembly. A permanent subcommittee of the Committee shall be established to periodically review the criminal code. An advisory committee may be established to aid the subcommittee, consisting of representatives of the Missouri Supreme Court, the Attorney General, and other individuals known to be interested in the improvement of the state's criminal laws (21.880).
This provision is identical to provisions contained in the truly agreed to finally passed version of SB 575 (2014) and SB 621 (2014).
PROSECUTING ATTORNEYS AND CIRCUIT ATTORNEYS' RETIREMENT SYSTEM
Currently, each county must transfer a certain sum of money to the Prosecuting Attorneys and Circuit Attorneys' Retirement System Fund. The 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 (56.807).
The act states that a four dollar surcharge, payable to the 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 substantially similar to HCS/SCS/SB 854 (2014), HCS/SCS/SB 824 (2014), HCS/SB 621 (2014), HCS/SB 615 (2014), HB 1821 (2014), HCS/HB 169 (2013), HCS/HB 371 (2103), HCS/HB 215 (2013), HCS/SB 100 (2013), HCS/SCS/SB 86 (2013), and HCS/SB 12 (2013), and identical to HCS/SCS/SB 672 (2014).
LAW ENFORCEMENT IMMUNITY
The act states that law enforcement officers shall have immunity from criminal and civil liability while conducting service of process at the direction of the court to the extent that the officers' actions do not violate clearly established rights of which a reasonable person would have known (57.095).
This provision is identical to provisions contained in the truly agreed to and finally passed versions of SB 621 (2014), SB 615 (2014), and SB 672 (2014).
STATE LEGAL EXPENSE FUND - FREE HEALTH CLINICS
Currently, for the purposes of the State Legal Expense Fund a free health clinic is defined as a nonprofit community health center, exempt from federal taxation, which provides primary care and preventative services to people without health insurance without charge. This act changes the term "free health clinic" to "community health clinic" and modifies its definition by removing the without charge qualification.
The act also excludes federally funded community health centers and rural health clinics from the description of nonprofit community health centers for the purposes of the State Legal Expense Fund (105.711).
This act is identical to the perfected version of SS/SB 758 (2014), and to the truly agreed to and finally version of SB 754 (2014).
THE PRODUCTION OF SOURCE DOCUMENTS FOR DRIVERS' LICENSE RENEWAL
The act specifies that a person who has presented documents to obtain a driver's license, nondriver's license, or instruction permit must not be required to present the documents again to obtain a renewal or replacement except documents may be required in order to demonstrate lawful presence of an applicant who is not a citizen, if it is reasonably believed by the Department of Revenue that the prior license may have been issued as a result of a fraudulent act of the applicant, if the applicant is applying for or renewing a commercial driver's license or instruction permit, or in order to correct and error on the license or permit(302.065, 302.067).
This provision is substantially similar to provisions contained in HCS/HB 1447 (2014).
SAFE CARE PROVIDERS
The act provides that the Department of Public Safety shall establish rules and make payments to SAFE CARE providers, who provide forensic examinations of persons under eighteen years of age who are alleged victims of physical abuse. The Department must establish maximum reimbursement rates which reflect the reasonable cost of providing the forensic exam.
The Department will only reimburse providers for forensic evaluations and case reviews performed on a child which is the subject of a child abuse investigation or reported to the Children's Division as a result of the examination. Providers shall not be reimbursed for procedures, facility fees, supplies, or tests. A minor may consent to an examination under this section (334.950).
This provision is substantially similar to SCS/HB 1092 (2014), SS/HB 1184 (2014), HCS/SS/SB 869 (2014), HCS/SCS/SB 873 (2014), SCS/SB 802 (2014), and identical to the truly agreed to and finally passed version of SB 852 (2014).
INTEREST ON JUDGMENTS
The act provides a definition for the term "judgment balance" and states that post-judgment payments shall be applied first to post-judgment costs, then to interest, and then to judgment balance (408.040).
This provision is effective on January 1, 2015.
This provision is identical HCS/HB 1612 (2014), and to provisions contained in the truly agreed to and finally passed versions of SB 672 (2014) and SB 621 (2014).
OSCA PARENT PLANNING HANDBOOK
Currently, each court must mail a handbook created by the Office of State Courts Administrator to individuals involved in a dissolution of marriage proceeding involving minor children. The act specifies that the court must "provide" the handbook to each party to the dissolution rather than "mail" (452.556).
This provision is identical to provisions contained in the truly agreed to and finally passed versions of SB 621 (2014) and SB 615 (2014).
MODIFICATION OF AN ADMINISTRATIVE CHILD SUPPORT ORDER
This act allows for a child to be added to an existing administrative child support order. If the Family Support Division within the Department of Social Services has entered an administrative child support order and an additional child or children not the subject of the order are born to the parties, the division may, under certain circumstances, modify the underlying child support order to include a single child support obligation for all children of the parties in conformance with Missouri Supreme Court child support guidelines (454.500).
This provision is identical to SB 695 (2014).
MOOTNESS DOCTRINE & FULL ORDER OF PROTECTION
Currently, the public interest exception to the mootness doctrine applies to an appeal of a full order of protection which has expired and subjects the person against whom the order is issued to significant collateral consequences. This act repeals the requirement that the order of protection must subject the person against whom the order is issued to significant collateral consequences in order for the public exception to the mootness doctrine to apply (455.007).
TRUSTS
The act specifies that property held in some form of joint ownership with a right of survivorship by a husband and wife shall be treated as being held as tenants by the entirety upon the property's transfer to a qualified spousal trust (456.950).
This provision is identical to SB 499 (2014) and substantially similar to HB 1428 (2014).
Currently, "no-contest" or "in terrorem" clauses are enforceable. These types of provisions in a trust or will generally provide that a beneficiary forfeits interest in the trust or will property if the beneficiary contests the trust or will.
This act provides that when an irrevocable trust contains a no-contest clause, as defined in the act, then an interested person may still file a petition with a court for a ruling on whether a particular claim for relief would trigger forfeiture. The petition for such a ruling may be filed either as a separate judicial proceeding or along with other claims for relief. The act specifies that when ruling on the petition, the court shall consider the text of the clause, and the context of the terms of the trust and factual allegations in the petition. The court shall not accept evidence beyond what is provided in the pleadings and the trust instrument.
The act states that the judgment on the application of a no-contest clause is appealable. Following the ruling, if claims are subsequently filed in which differing facts are asserted from those which the no-contest clause judgment was based upon, then the party in whose favor the judgment was rendered shall have no protection from enforcement of the no-contest clause provided under this act.
The act also provides the types of circumstances in which a no-contest clause is not enforceable such as objections to venue or a claim for relief concerning an accounting error. In these situations the court may award attorneys' fees and costs (456.4-420).
Similar to a trust, the act states that if a will contains a no-contest clause an interested person may file a petition with the court for determination on whether a court action would trigger the application of the no-contest clause or trigger forfeiture (474.395).
These provisions are identical to SB 500 (2014) and to provisions contained in the truly agreed to and finally passed version of SB 621 (2014).
JUDICIAL POSITIONS
Currently, no new Supreme Court or Court of Appeals Commissioners have been appointed since 1972, as designated by statute. This act repeals sections of law referencing the commissioners of the Supreme Court and the Court of Appeals (476.445, 477.081, 477.082, 477.152).
The act modifies the number of judges to serve in each district of the Court of Appeals in order to reflect the current total number authorized by statute (477.160, 477.170, 477.180).
These provisions are identical to provisions contained in SB 614 (2014) and SCS/HCS/HB 2085 (2014).
The act repeals provisions of law which state that when a judicial weighted workload indicates for three consecutive years that a judicial circuit with a population of one-hundred thousand or more is in need of four or more full-time judicial positions, then there shall be one additional associate circuit judge position in such circuit(Section 478.320).
Currently, the twenty-first judicial circuit has nineteen circuit judges. This amendment provides that the twenty-first circuit shall have twenty circuit judges which shall sit in twenty divisions. The twenty-first circuit shall also have an additional associate circuit judge which shall be in addition to the associate circuit judges provided for under the current statutory formula (478.437).
Currently, the sixteenth judicial circuit has nine associate circuit judges with five of the judges located in Kansas City and four of the judges located in Independence. The act states that the sixteenth judicial circuit shall have ten associate circuit judges, which shall sit in divisions numbered 25 through 34. The 34th division shall sit in a location determined by the court en banc. This tenth associate circuit judge position shall not be included in the statutory formula for authorizing additional associate circuit judgeships under current law (478.464).
The act provides the thirty-first judicial circuit with an additional associate circuit judge, and specifies that the additional associate circuit judges, including one awarded under the current statutory formula, awarded in fiscal years 2014 and 2015 shall not be included in the statutory formula for authorizing additional associate circuit judgeships under current law (478.513).
The act states that in the eleventh judicial circuit there shall be an additional associate circuit judge position. This position shall be elected in 2016, and shall not be included in the statutory formula for authorizing additional associate circuit judgeships under current law (478.600).
The thirty-eighth circuit shall have two circuit judges. The circuit judge in division two shall be elected in 2016, and such position shall not be considered vacant until January 1, 2017. The judge in division one shall be elected in 2018 (478.740).
These provisions are identical to provisions contained in the truly agreed to and finally passed versions of SB 615 (2014) and SB 621 (2014).
THIRTEENTH CIRCUIT'S DRUG COURT COMMISSIONER
The act reinstitutes the thirteenth judicial circuit's authority to appoint a drug court commissioner (478.610).
This provision is identical to provisions in HCS/HB 1448 (2014) and the truly agreed to and finally passed version of SB 621 (2014).
REMOVING DOCUMENTS FROM THE COURT FILE
The act prohibits the adoption of local court rule which grants a judge the discretion to remove a communication, pleading, or file from a court file without the agreement of all parties (483.140).
OVERPAYMENT OF COURT COSTS
The act provides that municipalities may retain the court costs that have been overpaid to the municipal court and do not exceed five dollars (488.014).
This provision is identical to provisions contained in SB 615 (2014) and similar to CCS/SCS/HB 1553 (2014) and CCS/SS/SCS/HCS/HB 1665 & 1335 (2014).
THIRTY-FIRST CIRCUIT SURCHARGE
This act provides that a surcharge of up to ten dollars may be collected in all criminal proceedings filed in the thirty-first judicial circuit if the surcharge was authorized by a county or municipal order, ordinance, or resolution.
The moneys collected from the surcharge must be use for the costs associated with the land assemblage and purchase, construction, maintenance and operation of any county or municipal judicial facility (488.2206).
These provisions are identical to provisions contained in the truly agreed to and finally passed versions of SB 615 (2014) and SB 621 (2014), SCS/HB 1238 (2014), and substantially similar to SB 915 (2014) and SCS/HB 1553 (2014).
FLORISSANT SURCHARGE FOR MUNICIPAL VIOLATIONS
The act provides that the City of Florissant may collect a surcharge of up to ten dollars for each municipal ordinance violation case. The moneys collected from the surcharge shall be used for the land assemblage and purchase, construction, maintenance, and upkeep of a municipal courthouse (488.2245).
This provision is identical to HB 2084 (2014).
STATUTE OF LIMITATIONS FOR INJURIOUS FALSEHOOD
The act provides that an action for injurious falsehood has a two year statute of limitations (516.140).
JUDGEMENT OF UNPAID RENT
Under the act, any judgment awarding unpaid rent may be revived upon publication as set by existing law and need not be personally served on the defendant (516.350).
This provision is identical to HB 1351 (2014) and HCS/SB 655 (2014).
GARNISHMENTS
Under the act, clerks of circuit courts are authorized to collect a surcharge of up to ten dollars when processing garnishments and money from the surcharge is to be used to maintain and improve case processing and record preservation (488.305).
The act adds language which provides that notice of garnishment shall have the effect of attaching all personal property at the time of service or in the case of a continuous wage garnishment, until the judgment is paid in full, or until the employment relationship is terminated.
Garnishments which would otherwise have equal priority shall have priority according to the date of service, and when wages have been attached by more than one writ of garnishment then the employer must inform the inferior garnisher of the other garnishments (525.040).
When applicable, a garnishee may discharge himself by paying the money or giving the property owed to the defendant to the attorney for the party on whose behalf the order of garnishment was issued, when applicable. Additionally, the court may order the delivery of the defendant's property possessed by the garnishee to the attorney for the party on whose behalf the order of garnishment was issued (525.070, 525.080).
The act allows the garnishee to deduct up to twenty dollars, or a fee previously agreed upon between the garnishee and judgment debtor when the garnishee is a financial institution, for expenses in answering interrogatories and withholding the funds. The garnishee may also file a motion with the court to obtain additional costs incurred in answering the interrogatories (525.230).
The act modifies provisions relating to the issuance of a writ of sequestration. Under current law, the wages of state government employees are not subject to direct garnishment, and instead must be collected under a process called sequestration. This act provides that the government employer shall have the same duties as a private employer when served with a garnishment order. The act repeals language requiring a writ of sequestration when the judgment debtor is a government employee, and provides that all garnishments against such employees shall proceed in the same manner as any other garnishment proceedings (525.310).
These provisions regarding garnishments are effective on January 1, 2015.
These provisions are similar to provisions contained in HCS/HB 1612 (2014), HB 204 (2013), and SS/SCS/HCS/HB 374 & 434 (2013), and identical to provisions contained in the truly agreed to and finally passed versions of SB 672 (2014) and SB 621 (2014).
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 1438 (2014), and identical to provisions contained in HCS/SB 100 (2013), HB 567 (2013), and HCS/HB 371 (2013).
UNLAWFUL FUNERAL PROTESTS
Under current law, it is a Class B misdemeanor for a person to picket or otherwise protest within 300 feet of a funeral from one hour before it starts to one hour after it ends. The definition of funeral includes the ceremonies, processions, and memorial services held in connection with the burial or cremation of the dead.
This act creates a new section of law for the offense, specifies the types of establishments at which funerals or burial services may be held, provides a definition for "other protest activities, and modifies the definition of funeral (574.160).
These provisions are identical to HB 1372 (2014).
DISARMING A PEACE OFFICER
The act modifies the crime of disarming a peace officer by adding language which provides that a person commits such crime if the person intentionally removes a less-lethal weapon from a peace officer including blunt impact, chemical or conducted energy devices used in the performance of the officer's duties or if the person intentionally deprives the peace officer of such equipment while the officer is acting within the scope of his or her duties (575.153).
This provision is identical to HB 2190 (2014), provisions contained in HCS/HB 1540 (2014), HCS/HB 2116 (2014), and to provisions contained in the truly agreed to and finally passed versions of SB 615 (2014) and SB 656 (2014).
CRIME AGAINST A DMH EMPLOYEE OR PROPERTY
A person ordered to the Department of Mental Health after being determined by a court to be a sexually violent predator who knowingly commits violence against an employee of the Department or another offender housed in a secure facility shall be guilty of a Class B felony. Damage to any building or other property owned by the Departme nt by such person is a Class C felony (632.520).
This provision is identical to HB 1243 (2014) and to provisions contained in the truly agreed to and finally passed version of SB 852 (2014).
CYBER CRIME INVESTIGATION FUND
Currently, the Cyber Crime Investigation Fund and its disbursement program expired on June 5, 2012. This act reauthorizes the existence of the fund and the program and sets the expiration date at December 31, 2024. The act repeals the provision of law requiring three million dollars to be appropriate to the fund each year (650.120).
This provision is similar to provisions contained in HCS/HB 1448 (2014) and HB 1906 (2014), and identical to provisions contained in the truly agreed to and finally passed versions of SB 575 (2014) and HB 1231 (2014).
JESSICA BAKER