HCS#2/SCS/SB 91 - This act modifies provisions relating to judicial proceedings.OFFENSES AGAINST THE GENERAL ASSEMBLY (Sections 21.403, 21.405, 575.040, 575.050, 575.160, 575.270, 575.280, 575.330, & 576.030)
This act provides that if an individual who has been subpoenaed to testify or provide information at a proceeding before a body of the Missouri General Assembly has refused on the basis of self-incrimination, the President Pro Tempore of the Senate or Speaker of the House of Representatives may request the court to issue an order requiring such individual to testify. If the court finds that such request has been approved by three-fifths majority of the members of such body requesting the order, the court shall issue an order requiring such individual to testify.
If a person is subpoenaed as a witness by a body of the General Assembly and fails to appear or refuses to answer, a statement of facts constituting such failure or refusal may be reported to the President Pro Tempore or the Speaker, who may certify such statement of facts to the prosecuting attorney or other attorney having jurisdiction for prosecution. The Attorney General has concurrent original jurisdiction to commence such criminal action. The President Pro Tempore or the Speaker may request the appointment of independent counsel by the court, which shall appoint such counsel with 15 days of the request. The independent counsel shall have sole jurisdiction to prosecute.
The offense of perjury committed in any proceeding before a body of the General Assembly is a Class D felony. The offense of making a false affidavit when done in any proceeding before a body of the General Assembly is a Class A misdemeanor. The offense of interference with legal process, including an order of a body of the General Assembly, is a Class B misdemeanor. The offense of tampering with a witness subpoenaed in a proceeding before a body of the General Assembly is a Class E felony. The offense of acceding to corruption in a proceeding before a body of the General Assembly is a Class D felony.
A person commits the offense of contempt of a body of the General Assembly if he was subpoenaed as a witness by a body of the general assembly and willfully fails to appear, refuses to answer any pertinent questions, or fails to produced required documents. The offense of contempt of a body of the General Assembly after an order has been issued requiring the testimony is a Class E felony.
Finally, a person commits the offense of obstructing government operations if he or she purposely obstructs the performance of a governmental function by the use or threat of harm, intimidation, coercion, violence, or other force. This offense is a class A misdemeanor, unless committed against a body of the general assembly, in which case it is a class E felony.
These provisions are identical to provisions in HCS/SB 662 (2020) and HCS/SB 587 (2020) and similar to HB 1942 (2020) and HCS/HB 2374 (2020).
OFFICE OF CHILD ADVOCATE (Sections 37.710, 37.717, 210.145, and 210.152)
Under this act, the Office of Child Advocate shall create a safety reporting system in which employees of the Children's Division may report information regarding the safety of those served by the Division and of the Division's employees. The identity of individuals who report or participate in the reporting system shall be sealed from public inspection, not subject to discovery, and be disclosed only as necessary for the purpose of carrying out the reporting system. Any criminal act reported shall be disclosed by the Office to the appropriate law enforcement agency or prosecuting attorney. Any investigation conducted as a result of a report made under this provision shall be conducted by an unbiased and disinterested investigator.
These provisions are identical to a provision in HCS/HB 682 (2021), HCS/SS/SB 327 (2021), and HCS/HB 673 (2021).
REGULATION OF COUNTY PROPERTY (Section 49.266)
Currently, the county commissions in first, second, and fourth class counties are authorized to promulgate regulations concerning the use of county property. This act authorizes noncharter counties to promulgate such regulations.
This act is similar to provisions in the truly agreed to and finally passed CCS/SS#2/SCS/HCS/HB 271 (2021), SB 170 (2021), and to provisions in SS#2/SCS/HCS/HB 1854 (2020), SB 747 (2020), SB 464 (2019), HB 1269 (2018), and HB 1210 (2017).
COUNTY COURTHOUSES (Sections 49.310 & 476.083)
Currently, the county commission in counties of the first, second, or fourth classification may by order or ordinance promulgate reasonable regulations concerning the use of county property, the hours, conditions, methods, and manner of such use and the regulation of pedestrian and vehicular traffic and parking. This act provides that the county commission in all noncharter counties may promulgate such orders or ordinances.
In absence of any local agreement, any courthouse that contains both county offices and court facilities, the presiding judge of the circuit may establish rules and procedures for court facilities and areas necessary for court-related usage. The county commission shall have authority over all other areas of the courthouse.
These provisions are substantially similar to provisions in the truly agreed to and finally passed CCS/SS#2/SCS/HCS/HB 271 (2021), HCS/SS/SCS/SB 27 (2021), and HB 678 (2021).
SCHOOL DISCIPLINE POLICIES (Section 160.261)
This act repeals provisions of current law relating to school discipline policies relating to the inability of the Children's Division to have jurisdiction to investigate alleged child abuse arising out of or related to the use of reasonable force to protect persons or property when administered by school personnel or any spanking administered by school personnel pursuant to a written school district policy. This act repeals a provision granting the Division jurisdiction to investigate allegations of sexual misconduct on the part of a teacher or other school employee and prohibiting investigations by the school district for purposes of determining whether or not the allegations should be substantiated. Finally, this act repeals provisions of current law relating to investigations of child abuse by the school district.
This provision is identical to a provision in HCS/SS/SB 327 (2021) and HCS/HB 673 (2021).
JURISDICTION OF JUVENILE COURT (Sections 211.012, 211.438, & 211.439)
This act clarifies that, for purposes of the law and jurisdiction of the juvenile court, a person shall not be considered a child if at the time of the alleged violation such person was considered an adult according to the then existing law. This act repeals provisions relating to the age of certification of a child as an adult.
This provision contains an emergency clause.
This provision is identical to a provision in the truly agreed to and finally passed CCS/HCS/SS/SCS/SBs 53 & 60 (2021) and HB 1242 (2021).
DIVISION OF YOUTH SERVICES (Section 211.181)
No court shall require a child to remain in the custody of the Division of Youth Services for a period which exceeds the child's nineteenth birth date except upon a petition filed by the Division of Youth Services.
This provision contains an emergency clause.
This provision is identical to a provision in the truly agreed to and finally passed CCS/HCS/SS/SCS/SBs 53 & 60 (2021) and HB 1242 (2021).
JUVENILE JUSTICE PRESERVATION FUND (Section 211.435)
This act also modifies provisions relating to the "Juvenile Justice Preservation Fund." This act moves such fund from the state treasury into each county's circuit court for the purpose of implementing and maintaining the expansion of juvenile court jurisdiction to 18 years of age. The funds shall consist of surcharges collected for traffic violations and other donations or appropriations.
Funds currently held by the state treasurer in the Juvenile Justice Preservation Fund shall be payable and revert to the circuit court's fund in the county of origination. Expenditures from the county circuit court fund shall be made at the discretion of the juvenile office for the circuit court and shall be used for the expansion of the juvenile court's jurisdiction. Funds shall not be expended for capital improvements or to replace or reduce the responsibilities of the county or state to provide funding for juvenile treatment services.
This provision is identical to a provision in the truly agreed to and finally passed CCS/HCS/SS/SCS/SBs 53 & 60 (2021) and HB 1242 (2021).
STATE TREASURER (Section 447.541)
The act modifies the notice requirements required to be made by the State Treasurer for purposes of disposing of unclaimed property. Specifically, current law requires the Treasurer to give notice of property that is presumed to be abandoned as follows:
· Notice must be published in a newspaper of general circulation once a week for two successive weeks within 240 days of receiving notice of property that is presumed to be abandoned; and
· Notice must be mailed to each person having an address listed who appears to be entitled to presumed abandoned property valued at $50 or more.
The act allows the State Treasurer to use any other method, in addition to the above methods, deemed appropriate and consistent with the intent to notify the owners of the property.
This provision is identical to SB 408 (2021), a provision in SB 433 (2021), and HB 730 (2013).
ONLINE APPLICATIONS OF THE COUNTY RECORDER OF DEEDS (Section 451.040)
This act provides that applicants for a marriage license may present an application for the license to the recorder of deeds in person or electronically through an online process.
Additionally, in the event a recorder of deeds utilizes an online process to accept applications for a marriage license or to issue a marriage license and the applicants' identity has not been verified in person, the recorder shall have a two-step identity verification process or other process that verifies the identity of the applicants. Finally, the recorder shall not accept applications for or issue marriage licenses through an online process unless at least one of the applicants is a resident of the county in which the application was submitted.
These provisions are identical to provisions in the truly agreed to and finally passed CCS/SS#2/SCS/HCS/HB 271 (2021), SCS/SB 62 (2021), and HB 144 (2021).
CHILD CUSTODY ORDERS (Section 452.410)
This act modifies current law relating to the modification of a prior child custody decree by changing and adding intersectional references to current statutory provisions relating to child custody, visitation, and grandparent visitation.
These provisions are identical to provisions in the truly agreed to and finally passed CCS/HCS/SS/SCS/SBs 53 & 60 (2021), SS/SCS/HS/HB 432 (2021), and HCS/SS/SCS/SB 71.
OFFENSE OF STALKING (Section 445.010)
Under current law relating to the issuance of orders of protection, "stalking" is defined as a pattern of conduct composed of two or more acts over a period of time that serves no legitimate purpose and may include following the other person or unwanted communication or contact. This act modifies that definition to mean two or more acts that serve no legitimate purpose including, but not limited to, acts in which the stalker directly, indirectly, or through a third party follows, monitor, observes, surveils, threatens, or communicates to a person by any action, method, or device.
This provision is identical to a provision in the truly agreed and finally passed HCS/SS/SCS/SB 71 and HCS/HB 292 (2021).
APPOINTING OF GUARDIANS OF MINORS (Section 475.050)
Under current law, an incapacitated person's spouse, parents, children who are 18 or older, or siblings who are 18 or older do not have to submit to a background screening or credit check at their own expense in order to seek appointment to be the guardian or conservator of such incapacitated person.
This act adds that grandparents seeking guardianship or conservatorship of a minor grandchild shall also not be required to submit to such background and credit reports, unless such background reports are requested by any other part to the proceeding, the guardian ad litem for the minor child, or otherwise ordered by the court on its own motion.
This provision is identical to HB 1003 (2021).
CIRCUIT COURT MARSHALS (Section 476.083)
Under current law, the presiding judge of each circuit containing one or more facilities operated by the department of corrections with a certain inmate population may appoint a circuit court marshal to aid the presiding judge in overseeing the physical security of the courthouse.
This act claries that the circuit court marshal shall aid the judge in overseeing the physical security of court facilities, including courtrooms, jury rooms, and chambers or offices of the court.
This provision is identical to provisions in SS#2/SCS/HCS/HB 271 (2021) and HB 678 (2021).
11TH CIRCUIT COURT JUDGES (Section 478.600)
There are currently six circuit judges of the 11th Judicial Circuit. This act increases the number of circuit judges to seven beginning on January 1, 2023.
This act contains provisions similar to provisions in SB 526 (2021) and HB 678 (2021).
MUNICIPAL ORDINANCE VIOLATIONS (Section 479.162)
Under this act, in a municipal ordinance violation proceeding before a municipal court where the charge carries a possibility of fifteen or more days in jail or confinement, a defendant shall not be charged any fee for obtaining a police report, probable cause statement, or any relevant video.
This provision is identical to a provision in HB 177 (2021).
COMPENSATION OF COURT REPORTERS (Section 485.060)
This act provides that the annual salary of each court reporter for a circuit judge shall be adjusted by a percentage based on each court reporter's cumulative years of service with the circuit courts.
This provision is identical to a provision in SS#2/SCS/HCS/HB 271 (2021) and HB 1242 (2021) and similar to HB 707 (2021), a provision in HCS/SS/SCS/SB 594 (2020), in HCS/SCS/SB 662 (2020), in HCS/SCS/SB 725 (2020), in HCS/HB 1819 (2020), SB 908 (2020), and HB 2191 (2020).
VETERANS TREATMENT COURT (Section 488.016)
This act provides that costs for a veterans treatment court shall be fully waived for any person who is an honorably discharged veteran of any branch of the Armed Forces and who successfully completes such veterans treatment court.
FORFEITURE BY WRONGDOING (Section 491.016)
This act provides that a statement made by a witness, which would otherwise not be admissible, is admissible as substantive evidence in a criminal proceeding when the court finds by a preponderance of evidence that:
• The defendant engaged in or acquiesced to wrongdoing with the purpose of causing the unavailability of the witness;
• The wrongdoing in which the defendant engaged in or acquiesced to has caused or substantially contributed to the unavailability of the witness;
• The state exercised due diligence to secure by subpoena or other means the attendance of the witness, or the witness is unavailable because the defendant caused the death of the witness; and
• The witness fails to appear at the proceeding.
Additionally, this act provides that in a jury trial, the hearing and finding to determine the admissibility of the statement shall be held and found outside the presence of the jury and before the case is submitted to the jury.
This act is identical to HB 548 (2021) and substantially similar to SB 402 (2021), HB 2 (First Extraordinary Session 2020) and similar to SB 4 (First Extraordinary Session 2020) and HCS/HB 1964 (2020).
COMPENSATION FOR JURORS (Section 494.455)
This act provides that a county commission, except in Greene County and Clay County, may adopt to provide that no grand or petit juror shall receive compensation for the first two days of service, unless the county commission authorizes compensation to such a juror for the first two days of service not to exceed ten dollars. For the third and any subsequent days, a juror shall receive fifty dollars for each day the juror actually serves as such and $0.07 for every mile necessarily traveled from his or her place of residence to the courthouse and returning. The compensation shall be paid from funds of the county.
This act is identical to HB 160 (2021) and HB 2426 (2020) and is substantially similar to SB 621 (2021).
CHANGE OF VENUE FOR CAPITAL CASES FUND (Section 550.125)
This act creates the "Change of Venue for Capital Cases Fund" which shall consist of funds appropriated by the General Assembly. In a capital case in which a change of venue moves the case from one county to another, at the conclusion of the case the county from which the case was transferred may apply to the Office of State Courts Administrator for the county to which the case was transferred to be reimbursed from the change of venue for capital cases fund for any costs associated with the sequestering of jurors. The costs of reimbursement shall not exceed the then-approved state rates for travel reimbursement for lodging and meals.
Additionally, the Office of State Courts Administrator shall develop an application process and other procedures to determine if a county is eligible for reimbursement. In the event that the amount disbursed is less than the costs of sequestering the jurors, the original county shall reimburse the difference to the county to which the case was transferred. If the Office of State Courts Administrator determines the county is not eligible for reimbursement, the original county shall reimburse the county to which the case was transferred.
Applications for reimbursement shall be submitted to the Office of State Courts Administrator by May 1st of the current fiscal year and disbursement shall be made by June 30th of the current fiscal year. If the total dollar amount of the claims in a given year exceeds the amount of money in the fund, the claims shall be reimbursed on a pro rata basis.
This act is identical to SB 620 (2021) and HCS/HB 157 (2021) and similar to provisions in HCS/HB 1331 (2020) and to provisions in SS#2/SCS/HB 1450, HB 1296, HCS/HB 1331, & HCS/HB 1898 (2020).
SEX OFFENDERS (Section 566.150)
This act provides that persons guilty of certain sex crimes cannot be present or loiter within five hundred feet of athletic complexes or athletic fields that exist primarily for use and recreation of children or within five hundred feet of Missouri Department of Conservation Nature or Education Center properties, unless the registered sex offender is the parent of a child participating in an educational program of the Department of Conservation and has permission to be on the property.
This provision is identical to provisions in SB 250 (2021) and similar to SB 638 (2020) and SB 35 (2019).
MARY GRACE BRUNTRAGER