SCS/HCS/HBs 994, 52 & 984 - This act modifies various provisions relating to judicial proceedings.ALTERNATIVE DISPUTE RESOLUTION PROCESSES (SECTIONS 435.014 & 435.300 TO 435.312)
This act establishes provisions relating to procedures for alternative dispute resolution ("ADR") processes. A court may refer, either by rule or order, any individual civil case or category of civil cases to any nonbinding ADR process. Within 30 days of referral, the parties may:
(1) Notify the court that the parties have chosen pursuant to a written agreement to pursue an ADR process different from the ADR process chosen by the court;
(2) Notify the court that the parties have agreed to delay such ADR process until a date certain; or
(3) If any party, after conferring with the other parties, concludes that the ADR process has no reasonable chance of helping the parties understand or resolve a procedural or substantive issue or if there is a compelling circumstance, the party may file a motion to not participate in the ADR process.
Once a motion has been filed, the ADR process shall not occur until a ruling and, if granted, the matter shall not be referred without compelling circumstances. In any action referred to an ADR process, discovery may proceed in any other action before, during, and after the ADR process, except the court may stay discovery to promote savings in time and expense.
A neutral individual ("neutral") appointed by the court or requested by the parties to serve in the ADR process shall avoid any conflict of interest. Even if the neutral believes that no disqualifying conflict exists, the neutral shall:
(1) Before agreeing to serve, make a reasonable inquiry to determine whether there are facts that would cause a reasonable person to believe that the neutral has a conflict of interest;
(2) As soon as practicable, disclose reasonably known facts relevant to any conflicts of interest; and
(3) After accepting a designation, disclose any previously undisclosed information that could reasonably suggest a conflict of interest.
After disclosure of a conflict, the ADR process may proceed if all parties have agreed in writing or if the organization administering the ADR process determines under the parties' written agreement that the neutral may continue to serve. Any party believing a court-appointed neutral has a conflict of interest may request for the neutral to recuse himself or may file a motion for disqualification. Additionally, the court may require a change of a neutral if necessary to protect the rights of an unrepresented party.
ADR communications, as defined in the act, shall not be admissible as evidence in any proceeding or subject to discovery. However, evidence that is otherwise admissible or subject to discovery shall not be inadmissible or protected from discovery solely because of its disclosure or use in the ADR process. Additionally, a court may admit communications, upon motion by a party and following a hearing, if the court finds that the communication is relevant and admissible and was:
(1) Made in the presence of a mandated reporter and pertains to abuse or neglect that such mandated reporter is required to report;
(2) A substantial threat or statement of a plan to inflict bodily injury capable of causing death or substantial bodily harm that is reasonably certain to occur;
(3) Intentionally used to plan a crime, attempt to commit a crime, or to conceal an ongoing crime; or
(4) Necessary to establish or defend against a professional misconduct or malpractice claim that is based on conduct occurring during the ADR process.
If requested by a party or if necessary to ensure confidentiality, the hearing shall be conducted in the judge's chambers. A participant, including the neutral, has standing to intervene in any proceedings in order to object to the admissibility of communications made by such participant.
Additionally, this act provides that no neutral, or agent or employee of the neutral or of the neutral's organization, shall be subpoenaed or compelled to disclose any ADR communication. No neutral who is a licensed attorney shall be required to disclose any ADR communication of which a reporting obligation in the rules of professional conduct of attorneys might otherwise apply. However, a neutral may be subpoenaed to enforce a written settlement agreement, but only to testify that the parties signed such agreement in his or her presence. The court may order the party seeking admission of an ADR communication to pay the costs and fees of the neutral or any other participant who intervenes to contest the admission or who responds to a subpoena regarding the ADR communications.
Unless a written agreement provides for a binding ADR process, the processes conducted pursuant to this act shall be nonbinding. Furthermore, this act shall not preclude any court from referring any matter to a nonbinding ADR process.
This act shall only apply to ADR processes referred by court order or rule or by a written agreement of the parties expressly providing for this act to apply. This act is not intended to undermine the right to a jury trial nor does this act require any party to settle any claim or attend a mediation with counsel.
If the court has not referred the parties to an ADR process or if the parties elect not to use the provisions of this act, the process shall be regarded as settlement negotiations. If the parties have agreed in writing to an ADR process but have not invoked the provisions of this act, the neutral shall not be subpoenaed or otherwise compelled to disclose any matter revealed in the setting up or conducting such ADR process. Finally, this act requires all settlement agreements to be in writing.
These provisions are identical to SB 215 (2023), SB 1148 (2022), SB 591 (2021), HB 953 (2021), and HB 2534 (2020), are substantially similar to CCS/HCS/SS/SCS/SB 72 (2023) and HB 82 (2023), and are similar to HB 2660 (2022).
COSTS AND FEES IN ENFORCEMENT OF ORDERS IN DIVORCE PROCEEDINGS (SECTION 452.355)
Under current law, a court may order a party in a divorce proceeding to pay a reasonable amount of court costs and attorney's fees to the other party. This act requires a court in an action to enforce a temporary order or final judgment in a divorce proceeding to order court costs and fees to be paid to the party seeking enforcement by the party against whom enforcement is sought.
This provision is identical to SS/SB 128 (2023).
CHILD CUSTODY ARRANGEMENTS (SECTION 452.375)
This act adds a rebuttable presumption when determining child custody arrangements that an award of equal or approximately equal parenting time to each parent is in the best interests of the child. Such presumption may be rebutted by a preponderance of the evidence as specified in the act, including an agreement by the parents on all issues related to custody or a finding by the court that a pattern of domestic violence has occurred. The General Assembly urges the court to enter a temporary parenting plan as soon as practicable in a manner that will best assure both parents participate in custody decisions and have frequent, continuing, and meaningful contact with their children.
This act also modifies the factors a court shall consider when awarding custody to parents, including the willingness and ability of parents to cooperate in the rearing of their child; the child's physical, emotional, educational, and other needs; the mental health or substance use history experienced by either parent; the history of domestic and child abuse of any individuals involved; the distance between the residences of the parents; and the reasonable input of the child as to the child's custodian.
This provision is identical to a provision in SS/SCS/SB 129 (2023), is substantially similar to provisions in the perfected SS/SB 35 (2023), SB 839 (2022), SCS/SB 459 (2021), SB 199 (2021), SB 531 (2020), SCS/HCS/HB 229 (2019), SB 14 (2019), SCS/HCS/HB 1667 (2018), SB 645 (2018), and HCS/HB 724 (2017).
CLASSIFICATION OF MINORS FOR ORDERS OF PROTECTION (SECTIONS 455.010, 455.035 & 455.513)
This act modifies the definitions of "adult" and "child" in provisions relating to orders of protection. An "adult" is any person eighteen, instead of seventeen, years of age or older and a "child" is any person under eighteen, instead of seventeen, years of age unless he or she is otherwise emancipated.
These provisions are identical to provisions in CCS/HCS/SS/SCS/SB 72 (2023), HCS/HB 355 (2023), in HB 981 (2023), and in HCS/HB 1559 (2022).
VENUE IN GUARDIANSHIP AND CONSERVATORSHIP CASES (SECTION 475.040)
This act provides that a guardianship or conservatorship proceeding may be transferred to a court in another county if it appears to the court that at any time before the termination of a guardianship or conservatorship that the domicile, instead of the domicile or residence, of the ward or protectee has changed to another county.
This provision is identical to a provision in CCS/HCS/SS/SCS/SB 72 (2023), in the truly agreed to and finally passed HCS/SS/SB 103 (2023), in SB 365 (2023), and in HB 1013 (2023).
GRANDPARENT GUARDIANSHIPS & CONSERVATORSHIPS (SECTION 475.050)
Currently, individuals, except for public administrators and certain family members, seeking appointment as a guardian or conservator are required to submit the results of a background screening to the court. This act includes any grandparent that is seeking a guardianship or conservatorship of a minor grandchild in the category of exempted individuals unless such background report is requested by any other party, the guardian ad litem, or the court. Additionally, any grandparent that is seeking a guardianship or conservatorship of a minor grandchild shall not be subject to a home assessment unless requested by certain parties.
This provision is identical to HB 911 (2023) and is similar to a provision in HCS/SS/SCS/SB 683 (2022), HB 2056 (2022), in HCS#2/SCS/SB 91 (2021), HB 1003 (2021), HCS/HB 1558 (2020).
COURT AUTOMATION (SECTION 476.055)
Currently, there are twenty-three members of the Court Automation Committee. This act increases the number of members to twenty-five by adding two employees who work full-time in a municipal division of a circuit court.
Additionally, this act repeals the provision that any unexpended balance remaining in the Statewide Court Automation Fund shall be transferred to general revenue on September 1, 2023, and the provision that the court fee collected for the Statewide Court Automation Fund shall expire on September 1, 2023. Finally, this act repeals the provision requiring the Court Automation Committee to complete its duties by September 1, 2025, and repeals the expiration date for the provision establishing the Statewide Court Automation Fund and the Court Automation Committee.
This provision is identical to a provision in HCS/SCS/SB 103 (2023), is substantially similar to HCS/HB 90 (2023), and is similar to SB 223 (2023), SB 1122 (2022) and HB 2702 (2022).
JUDICIAL PRIVACY ACT (476.1300 to 476.1313)
This act establishes the "Judicial Privacy Act", which regulates the use of a judicial officer's personal information.
Upon receiving a written request, a government agency, as defined in the act, shall not publicly post or display a judicial officer's personal information in publicly available content, which includes documents or records that may be obtained by any person or entity, from the internet, upon request to the government agency, or in response to a request pursuant to the Missouri Sunshine Law or the federal Freedom of Information Act. A written request is a written or electronic notice signed by the judicial officer and submitted to the clerk of the Supreme Court of Missouri, or for a federal judicial officer to his or her clerk of the court, for transmittal to the government agency, person, business, or association.
After receiving a written request, the government agency shall remove the judicial officer's personal information from publicly available content within five business days. After removal, the government agency shall not publicly post or display the information and such information shall be exempted from the Missouri Sunshine Law. If a government agency fails to comply, the judicial officer may bring an action for injunctive or declaratory relief. If the court grants injunctive or declaratory relief, the court may award costs and reasonable attorney's fees.
No person, business, or association shall publicly post or display on the internet a judicial officer's personal information if the judicial officer has made a written request. Further, this act provides that no person, business, or association shall solicit, sell, or trade on the internet a judicial officer's personal information for purposes of harassing, intimidating, or influencing a judicial officer in violation of the offense of tampering with a judicial officer or with the intent to pose an imminent and serious threat to the health and safety of the judicial officer or the judicial officer's immediate family.
A person, business, or association shall have five business days to remove the judicial officer's personal information after receiving a written request. Additionally, after receiving a request, the person, business, or association shall continue to ensure that the judicial officer's personal information is not made available on any website controlled by such person, business, or association and shall not make the judicial officer's personal information public through any medium. If a judicial officer's personal information is made public in violation of this act, the judicial officer may bring an injunctive or declaratory action. If the court grants injunctive or declaratory relief, the person, business, or association responsible for the violation shall be required to pay the judicial officer's costs and reasonable attorney's fees.
No government agency, person, business, or association shall violate this act if the judicial officer fails to submit a written request. A written request shall be valid if the judicial officer sends the written request directly to a government agency, person, business, or association, or files with the clerk of the Missouri Supreme Court or the clerk's designee in compliance with the Missouri Supreme Court rules. Additionally, this act provides that the clerk of the court where the judicial officer serves may submit a written request on behalf of the judicial officer if the judicial officer gives written consent and the clerk furnishes a copy of that consent with the request.
Each calendar quarter, the clerk of the Supreme Court of Missouri shall provide a list of all state judicial officers who have submitted a request to the appropriate officer for each government agency and the officer shall promptly provide a copy to all agencies under his or her supervision. Receipt of the clerk's written request list shall constitute a written request to the agency for purposes of this act.
A judicial officer's written request shall specify what personal information shall be maintained as private. Furthermore, a judicial officer shall disclose the identity of his or her immediate family and indicate that their personal information shall be also be excluded to the extent that it could reasonably reveal the judicial officer's personal information.
A judicial officer's written request is valid until the judicial officer provides written consent to release the personal information or until death of the judicial officer. Additionally, this act shall not apply to disclosures on lobbyist activities and campaign finance as required by law.
Written requests transmitted to a county recorder of deeds shall only include information specific to eligible documents maintained by that county. Not more than five business days after receiving a written request, the recorder shall shield the eligible documents listed in the written request and shall electronically reply with a list of documents not found in the county's records. In order to shield subsequent eligible documents, the judicial officer shall present a copy of his or her written request to the recorder at the time of recording and the recorder shall ensure that the eligible document is shielded within five business days. Eligible documents shall remain shielded until the recorder receives a court order or notarized affidavit signed by the judicial officer. No recorder shall be liable for any damages under this provision if the recorder made a good faith effort to comply nor shall a recorder be liable for the release of eligible documents or data that was released or accessed prior to the document being shielded.
These provisions are identical to provisions in SS/SCS/SB 72 (2023) and is similar to HB 2037 (2022).
COMPENSATION OF COURT REPORTERS (SECTION 485.060)
This act modifies the annual salary of court reporters for a circuit judge by providing that the percentage based on each court reporter's cumulative years of service with the circuit courts shall include the percentage increases for the previous range of years of service. Additionally, this act repeals the provision stating that a court reporter may receive multiple adjustments as the years of service increase, but that only one percentage increase shall apply to the annual salary at a time.
This provision is identical to a provision in the perfected HCS/HB 90 (2023), in the perfected SCS/SB 103 (2023), SB 154 (2023), and HB 537 (2023).
REFERENCES TO THE CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (SECTION 487.110)
This act modifies references to the title and sections of law of Uniform Child Custody Jurisdiction Act, which was repealed in 2009, to the Uniform Child Custody Jurisdiction and Enforcement Act for the provision relating to child custody proceedings in family courts.
This provision is identical to SB 582 (2023), HB 500 (2023), a provision in HB 1151 (2023), and in HB 1271 (2023).
COMPENSATION OF JURORS (SECTION 494.455)
This act provides that the governing body of any county or the City of St. Louis may 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 per day. 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 provision is identical to a provision in CCS/HCS/SS/SCS/SB 72 (2023) and is similar to HB 87 (2023), SB 1006 (2022), HB 1551 (2022), a provision in HCS#2/SCS/SB 91 (2021), SB 621 (2021), HCS/HB 160 (2021), and HB 2426 (2020).
EXCLUSION OF CERTAIN INFORMATION ON COURT DOCUMENTS (SECTION 509.520)
Currently, Social Security numbers of parties or children subject to an order of custody or support and credit and financial information of any parties are to be excluded from pleadings, attachments, or exhibits filed with the court in any case, as well as judgments issued by the court. This act provides that beginning August 28, 2023, the following information shall be excluded from pleadings, attachments, exhibits, judgments, orders, or other records of the court, but shall be included in a confidential information sheet filed with the court, which shall not be subject to public inspection or availability:
(1) Social security numbers of any party or children;
(2) Credit card numbers, financial institution account numbers, personal identification numbers, or passwords used to secure an account of any party;
(3) Motor vehicle operator license number;
(4) Victim's information, including name, address, and other contact information;
(5) Witness's information, including name, address, and other contact information;
(6) Any other state identification numbers;
(7) The name, address, and date of birth of a minor; or
(8) The date of birth of any party, except the year may be made available.
UNIFORM INTERSTATE DEPOSITION AND DISCOVERY ACT (SECTIONS 510.500 TO 510.521)
This act establishes the Uniform Interstate Depositions and Discovery Act, which provides procedures for out-of-state subpoenas for certain forms of discovery conducted in Missouri.
To request a subpoena in Missouri, a party shall submit a foreign subpoena to a clerk of the court in the county in which discovery is sought to be conducted. The clerk shall promptly issue a subpoena, which shall incorporate the terms used in the foreign subpoena and include contact information of the attorneys and any party not represented by an attorney in the proceeding to which the subpoena relates. A request for issuance of a subpoena pursuant to this act shall not constitute an appearance in Missouri courts.
The Missouri Supreme Court Rules of Civil Procedure and the laws of this state apply to subpoenas issued pursuant to this act and such subpoenas shall be served in compliance with such rules and laws. Additionally, an application for a protective order or to enforce, quash, or modify a subpoena issued by clerk of this state shall comply with such court rules and laws of this state. However, in applying and construing this act, consideration shall be given to the need to promote uniformity among the states.
These provisions shall apply to requests for discovery in cases pending on August 28, 2023.
These provisions are identical to provisions in CCS/HCS/SS/SCS/SB 72 (2023), HB 84 (2023), SB 394 (2023), SB 1005 (2022), HB 1549 (2022), HB 347 (2021), and HB 2570 (2020).
BAIL AND CONDITIONS OF RELEASE DETERMINATIONS (SECTION 544.453)
When a judge or judicial officer sets bail or conditions of release for any offense charged, he or she shall consider whether:
(1) A defendant poses a danger to a victim of crime, the community, any witness to the crime, or any other person;
(2) A defendant is a flight risk;
(3) A defendant has committed a violent misdemeanor offense, sexual offense, or felony offense in this state or any other state in the last five years; and
(4) A defendant has failed to appear in court as a required condition of probation or parole for a violent misdemeanor or felony within the last three years.
This provision is identical to HB 52 (2023), SB 632 (2023), SB 1093 (2022), a provision in SCS/HB 2088, HB 1705 & HCS/HB 1699 (2022), in SCS/HB 2697, HB 1589 & HCS/HB 2127 (2022), and in HCS/HB 2246 (2022), and is similar to SB 888 (2022) and SB 487 (2021).
UNLAWFUL POSTING OF CERTAIN INFORMATION (SECTION 565.240)
Currently, the unlawful posting of certain information of any law enforcement officer, corrections officer, parole officer, judge, commissioner, or prosecuting attorney, or of any immediate family member of such person, that intends to or threatens to cause great bodily harm or death shall be a class E felony. This act provides that if such unlawful posting of certain information that intends to or threatens to cause great bodily harm or death actually results in bodily harm or death to such person or immediate family member, the offense shall be a class D felony.
This provision is identical to a provision in SS/SCS/SB 72 (2023).
PUBLIC DEFENDER - FEDERAL AND OTHER FUND (SECTION 600.042)
Under current law, any funds available from government grants, private gifts, donations, bequests, or other sources made to the Office of the Public Defender are deposited in the general revenue fund of the state.
This act creates the "Public Defender - Federal and Other Fund" in the state treasury and provides that funding from any government grants, private gifts, donations, bequests, or other sources shall be deposited into such fund.
This provision is identical to SB 245 (2023), HB 663 (2023), SB 1039 (2022), HB 2370 (2022), and a provision in SCS/HB 2088, HB 1705 & HCS/HB 1699 (2022).
KATIE O'BRIEN