Missouri Senate

Perfected

REGIONAL JUSTICE INFORMATION SERVICE

This act specifies that the Regional Justice Information Service (REJIS) is designated a "Criminal Justice Agency" for the purposes of federal law. It also provides that REJIS has the power to facilitate criminal identification activities, store, collect and disseminate criminal history information, and provide criminal history support to political subdivisions (43.675).

This provision is identical to HB 2128 (2014) and HCS/SB 621 (2014).

PROSECUTING ATTORNEYS AND CIRCUIT ATTORNEYS' RETIREMENT SYSTEM

This act provides that when a county votes in favor of making the county prosecutor position a full-time position, then such position shall qualify for the retirement benefits available for a full-time prosecutor of a county of the first classification and such county shall contribute the same amount that is paid by counties of the first classification into the Prosecuting Attorneys and Circuit Attorneys' Retirement Fund, regardless of the county's classification(56.363).

The act modifies the definition of "compensation" for the purposes of the Prosecuting Attorneys and Circuit Attorneys' Retirement System to include any salary reduction amounts authorized under a cafeteria plan or eligible deferred compensation plan, and specifies that the term "compensation" does not include reimbursement for any expenses, consideration for agreeing to terminate employment, or other nonrecurring or unusual payment that is not part of regular remuneration (56.805).

These provisions are identical to provisions contained in HB 1821 (2014) and HCS/SCS/SB 672 (2014).

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 also 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 identical to provisions contained in HCS/SCS/SB 672 (2014) and HB 1821 (2014), and substantially similar to provisions contained in HCS/SB 621 (2014) and HCS/SB 615 (2014).

No former or current member of the retirement system may transfer creditable service unless the member is already previously vested in the system (56.833).

All non-vested members of the retirement system serving in counties of the first classification or any city not within a county shall receive one year of creditable service for each year served. Non-vested members serving in counties that have elected to make the position of county prosecutor a full-time position shall receive one year creditable service for each year served as a full-time county prosecutor and sixty percent creditable service for each year served as a part-time prosecuting attorney. Any part-time vested member who ceased being a member for more than six months before returning as a full-time member shall be entitled to part-time retirement benefits for creditable service as calculated on the date the member was first terminated. The creditable service earned by the member after rejoining the system as a full-time member shall begin a new vesting period (56.850, 56.860).

Currently, before certain public retirement plans, including the Prosecuting Attorneys and Circuit Attorneys' Retirement System, may adopt an additional benefit increase the plan must have a funded ratio of at least eighty percent and the funded ration may not be less than seventy-five percent after such adoption. This act exempts the Prosecuting Attorneys and Circuit Attorneys' Retirement System from this requirement (105.684).

These provisions are identical to provisions contained in HB 1821 (2014) and HCS/SCS/SB 672 (2014).

TERMINATION OF PARENTAL RIGHTS

This act amends the current provision regarding the Children's Division discretion to make reasonable efforts for reunification of a child with a parent to include aggravating factors which affect the fitness of the parent which include alcohol, controlled substances dependency, or prescription drug dependency. The act lists the further considerations a court may consider under such circumstances (211.183).

This act modifies the termination of parental rights provisions by adding to the circumstances under which a parent is considered unfit to be a party to the parent and child relationship because of a consistent pattern of committing a specific abuse.

The new circumstances are:

- If the parent is the birth mother and while a child is in utero or within 8 hours after a child's birth, either the child's birth mother or the child has tested positive for alcohol, cocaine, heroin, methamphetamine, or a controlled substance or prescription drug, excepting those drugs administered to the mother for medical treatment and the birth mother is the biological mother of at least one other child who was adjudicated an abused or neglected minor and has previously failed to complete recommended treatment services by the Children's Division through a family centered services case.

- Within a three-year period immediately prior to termination adjudication, the parent has pled guilty to or has been convicted of a felony involving the possession, manufacture or distribution of cocaine, heroin or methamphetamine and the parent is the biological parent of at least one other child who was adjudicated an abused or neglected minor and has previously failed to complete recommended treatment services by the Children's Division through a family centered services case (211.447).

These provisions are identical to HCS/SCS/SB 530 (2014), and HCS/HB 1492 (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 for documents that demonstrate lawful presence of an applicant who is not a citizen or 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 or the applicant is applying for or renewing a commercial driver's license or instruction permit(302.067).

This provision is identical to provisions contained in HCS/HB 1447 (2014).

DENIAL OF CHILD CUSTODY DUE TO COERCION TO OBTAIN AN ABORTION:

The act defines the term "coerce" as used in child custody proceedings to mean persuading an unwilling person to do something by force or threats. 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).

Provisions of this section are substantially similar to provisions of HCS/SB 100 (2013) and HCS/HB 371 (2013).

ADOPTION:

The act adds a definition for the term "coerce" as used in adoption proceedings (453.015). The consent to the adoption of a child is not required 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 (453.040).

Provisions of this section are similar to provisions in CCS/HCS/SB 100 (2013) and HCS/HB 371 (2013).

The act specifies that a parent cannot be prohibited from placing a child with another individual for care as part of a preadoption placement if the right to supervise the care of the child and to resume custody is retained until superseded by any court order regarding the legal or physical custody of the child (453.110).

In adoption proceedings, the court may enter an order of transfer of custody if the court makes certain findings in accordance with current law. This act adds to this list of findings that the court must find that the parties have notified the court of any persons not a party to the adoption who have physical custody or claim the right to legal custody, physical custody, visitation rights, or of any other legal proceedings concerning the child, and have affirmed a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding (453.110).

Only the Children's Division, a licensed attorney, or a Missouri licensed child placing agency may place an advertisement in a telephone directory or other advertising distributed within the state that provides that a child is offered for adoption or that the attorney or agency is able to place or receive a child for adoption. The advertisement must include certain information such as the attorney's bar number or the child agency's licensure number, as well as contact information. Any person who knowingly violates this provision shall be guilty of a Class A misdemeanor (453.700).

These provisions are substantially similar to provisions in HB 1788 (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 substantially similar to SB 499 (2014).

A provision in a trust instrument requiring mediation or arbitration is enforceable. However, provisions requiring mediation or arbitration of disputes relating to the validity of the trust are not enforceable unless all interested parties consent to the mediation or arbitration (456.2-205).

This provision is identical to SB 654 (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).

The act states that when a trustee retains an attorney for any purpose then the trustee and the attorney shall be afforded all the protections granted under attorney-client privilege, and no exceptions to the privilege shall be allowed regardless of whether the attorney's services are used for the administration of a trust or otherwise. All other exceptions to attorney-client privilege recognized by law shall remain applicable (456.8-818).

This provision is identical to SB 501 (2014).

GUARDIANSHIP FORM

The act states that by January 1, 2015, the Missouri Supreme Court shall develop a form petition for the appointment of a guardian for a minor to be used in uncontested guardianship cases (475.072).

This provision is similar to HB 1205 (2014).

SAFE METHOD OF ENTERING THE ST. LOUIS COUNTY COURTHOUSE

This act requires the St. Louis County Bar Association to consult with the judges of the twenty-first circuit and the county police chief in order to establish a safe and efficient method for attorneys and employees of the circuit clerk to enter the St. Louis County Courthouse and Justice Center. The Bar Association must also present a report to the St. Louis County Council of its research and present recommendations (476.085).

This provision is identical to HB 1775 (2014).

ADDITIONAL JUDGESHIPS

The act awards the circuit court of St. Louis County one additional associate judge and one additional circuit judge position in lieu of the additional associate circuit judge positions awarded under current law (478.437).

The act also awards the thirty-eighth judicial circuit an additional circuit judge position in lieu of an associate circuit judge position awarded under current law. There shall be at least one circuit judge appointed for Taney County and one circuit judge appointed for Christian County (478.740).

These provisions are similar to SB 985 (2014), HB 2144 (2014), and HB 2085 (2014).

THIRTEENTH CIRCUIT'S DRUG COURT COMMISSIONER

The act reinstitutes the thirteenth circuit's authority to appoint a drug court commissioner (478.610).

This provision is identical to provisions in HCS/HB 1448 (2014).

SPRINGFIELD SURCHARGE FOR MUNICIPAL VIOLATIONS

The act provides that the City of Springfield 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 (488.2240).

This provision identical to HB 1825 (2014), HB 1935 (2014), and provisions contained in HB 2112 (2014) and HCS/SB 615 (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).

PROMULGATION OF RULES RELATING TO THE DEATH PENALTY

The act provides that the Department of Corrections must promulgate rules in order to administer the death penalty, and specifies that statements of general applicability that implement or prescribe law or policy by a state agency concerning the execution of inmates are not excluded from the definition of "rule" for the purposes of the rule making process (536.010, 546.720).

These provisions are similar to SCS/SBs 787 & 804 (2014), and identical to HB 1737 (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), to provisions contained in HCS/HB 1540 (2014) and HCS/HB 2116 (2014).

SEXUALLY VIOLENT PREDATORS

The act provides that a conviction in this state or any other jurisdiction for a sexually violent offense can be considered when determining if a person is a sexually violent predator for the purposes of confinement and treatment (632.480, 632.483, 632.484).

These provisions are identical to HB 1741 (2014).

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 Department by such person is a Class C felony (632.520).

This provision is identical to HB 1243 (2014).

JESSICA BAKER