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SCS/HB 799 - This act modifies various provisions relating to judicial circuits. BUCHANAN COUNTY MUNICIPAL COURT The act provides that Buchanan County may prosecute violations of county orders in the circuit court or in a county municipal court if the creation of such court is approved by order of the county commission (67.320). This provision is identical to provisions contained in HB 473 (2015). APPOINTMENT OF A CIRCUIT COURT MARSHAL IN CERTAIN CIRCUITS The act allows the presiding judge of any circuit containing a diagnostic and reception center operated by the Department of Corrections and a mental health facility operated by the Department of Mental Health which houses certain persons specified in the act to appoint a circuit court marshal. This provision is identical to SB 532 (2015). DIVISION OF THE THIRTY-EIGHTH JUDICIAL CIRCUIT Currently, the Thirty-Eighth Judicial Circuit consists of Christian and Taney counties. The act provides that the Thirty-Eighth Judicial Circuit shall consist of only Christian County and creates a new Forty-Sixth Judicial Circuit consisting of Taney County. The Forty-Sixth Judicial Circuit shall have one circuit judge elected in 2016 (478.170, 478.188, 478.740). ADDITIONAL CIRCUIT JUDGE This act provides that when an annual judicial performance report indicates for three consecutive years that a judicial circuit with a population of one hundred thousand people or more is in need of four or more full-time judicial positions then, subject to appropriations, there shall be one additional circuit judge position authorized in that circuit (478.330). This provision is identical to provisions contained in SB 81 (2015). MUNICIPAL COURT REPORTING REQUIREMENTS The act also states that by September 1, 2015, the presiding judge of a circuit court in which a municipal division is located shall report to the clerk of the Supreme Court the name and address of the municipal division and any other information regarding the municipal division requested by the clerk on a standardized form developed by the clerk. The presiding judge of a circuit shall also notify the clerk if a municipal division is abolished or established in the circuit (479.155). This provision is identical to provisions contained in HCS/SS/SCS/SB 5 (2015). SURCHARGE FOR THE THIRTY-FIRST CIRCUIT JUDICIAL FACILITY The act provides that the surcharge currently collected by the Thirty-First Judicial Circuit in all criminal cases for the purpose of the purchase, construction, maintenance, and operation of a judicial facility shall be deposited into a separate account named the "Justice Center Fund." The moneys in the fund may be used to pay for the purchase, planning, construction, maintenance, and operation of the judicial facility unless a feasibility study, as specified in the act, has been conducted (488.2206). This provision shall expire August 28, 2025. JASPER COUNTY JUDICIAL FUND The act provides that cases filed in the Twenty-Ninth Judicial Circuit shall have an additional cost assessed. Civil cases shall be assessed a surcharge of ten dollars, misdemeanor criminal cases shall be assessed a surcharge of twenty-five dollars, and felony criminal cases shall be assessed a surcharge of fifty dollars. The judge may waive the assessment of the surcharge in cases where the defendant is determined to be indigent. The money collected from such surcharge shall be placed in the Jasper County Judicial Fund and used to pay the costs associated with the purchase, lease, and operation of a county juvenile center and the county judicial facility in Jasper County. These provisions shall expire on August 28, 2025. This provision is identical to HCS/SS/SCS/SB 67 (2015). HOWELL COUNTY JUSTICE CENTER FUND This act provides that a surcharge of up to ten dollars may be collected in all civil and criminal proceedings, excluding violations of traffic laws or ordinances, filed in Howell County. In criminal cases the surcharge must first be 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, construction, maintenance and operation of any county or municipal judicial facility. The county or municipality shall maintain a separate account known as the "justice center fund" which is limited to the uses specified in the act (488.2257). These provisions shall expire on August 28, 2025, and are identical to the perfected version of SB 67 (2015). PUBLIC DEFENDER SYSTEM Current law allows the director of the Missouri State Public Defender System to delegate the legal representation of any person to any licensed attorney. This act specifies that the director can delegate the legal representation of people who are eligible for representation by the Public Defender System. Under current law, the director of the State Public Defender System must implement a plan to establish district offices that align with judicial circuit boundaries by December 31, 2018. This act extends the date of implementation to December 31, 2021 (600.042). These provisions are identical to provisions contained in SCS/SB 91 (2015). JANITOR-MESSENGER The act repeals sections of law referencing the appointment of a janitor-messenger in the circuit court of the City of St. Louis (478.430, 478.433). The repeal of these provisions is also in SB 81 (2015). JESSI BAKER
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