To repeal sections 115.575, 367.044, 367.045, 367.047, 367.048, 367.050, 477.087, 494.425, 528.010 and 542.276, RSMo 1994, and sections 478.268 and 512.050, RSMo Supp. 1996, relating to court proceedings, and to enact in lieu thereof fifteen new sections relating to the same subject, with penalty provisions.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

Section A. Sections 115.575, 367.044, 367.045, 367.047, 367.048, 367.050, 477.087, 494.425, 528.010 and 542.276, RSMo 1994, and sections 478.268 and 512.050, RSMo Supp. 1996, are repealed and fifteen new sections enacted in lieu thereof, to be known as sections 115.575, 367.044, 367.045, 367.047, 367.048, 367.050, 367.051, 447.087, 478.268, 494.425, 512.050, 528.010, 542.276, 1 and 2, to read as follows:

115.575. 1. All contested elections for the office of circuit or associate circuit judge not subject to the provisions of article V, section 25 of the state constitution shall be filed in and heard and determined by an adjoining circuit court selected by the contestant.

2. All contested elections on any office or question other than those provided for in sections 115.555, 115.563 and subsection 1 of this section shall be heard and determined by the circuit court of any circuit, selected by the contestant, in which all or any part of the election was held and in which any alleged irregularity occurred.

367.044. 1. As used in sections 367.044 to 367.051, the following terms mean:

(1) "Appropriate law enforcement officer", the sheriff or sheriff's deputy designated by the sheriff of the county in which the pawnbroker's pawnshop is located, or when the pawnbroker's pawnshop is located within a municipality, the police chief or police officer designated by the police chief of the municipality in which the pawnbroker's pawnshop is located;

(2) "Claimant", a person who claims that pledged goods in the possession of a pawnbroker or goods purchased by and in the possession of a pawnbroker were misappropriated from the claimant and fraudulently pledged or sold to the pawnbroker;

(3) "Conveying customer", a pledgor who delivers property into the possession of a pawnbroker, either through a pawn transaction, a sale or trade, which property is later claimed to be misappropriated;

(4) "Hold order", a written legal instrument issued to a pawnbroker by the appropriate law enforcement officer employed by the law enforcement agency of the municipality or county that licenses and regulates the pawnbroker, ordering the pawnbroker to retain physical possession of pledged goods in the possession of a pawnbroker or goods purchased by and in the possession of a pawnbroker and not to return, sell or otherwise dispose such goods as they are believed to be misappropriated goods;

(5) "Misappropriated", stolen, embezzled, converted, or otherwise wrongfully appropriated against the will of the rightful owner;

(6) "Pledgor", a person who pledges the goods or property to the pawnbroker;

(7) "Purchaser", a person who purchases property from a pawnbroker; and

(8) "Seller", a person who sells goods or property to a pawnbroker.

2. A pawnbroker shall have no recourse [when a customer has pledged goods for the receipt of money] against the pledgor for payment on a pawn transaction except the pledged goods themselves, unless the [pledged] goods are found to [be stolen, embezzled, mortgaged or otherwise pledged or encumbered] have been misappropriated.

[2. When a customer is officially notified by a peace officer that the goods he pledged or sold to a pawnbroker were stolen or embezzled, the customer shall be liable to repay the pawnbroker the full amount the customer received from the pawn or buy transaction.]

3. To obtain possession of tangible personal property held by a pawnbroker which a claimant claims to be misappropriated, the claimant shall file a petition in a court of competent jurisdiction in the county where the theft occurred or where the pawnbroker's pawnshop is located, requesting the return of the property, naming the pawnbroker as a defendant and serving the pawnbroker with the petition. The provisions of section 482.305, RSMo, to the contrary notwithstanding, a court of competent jurisdiction shall include a small claims court, even if the value of the property named in the petition is greater than three thousand dollars. At least ten business days prior to filing a petition requesting return of the property, the claimant shall give actual notice to the pawnbroker in writing of the claimant's claim to the property and shall provide the pawnbroker the opportunity to investigate and resolve the claim. Actual notice in writing shall include a complete description of the property and shall include a legible copy of the report from a law enforcement agency on the misappropriation of the property. Failure to give such notice to the pawnbroker shall prohibit the claimant from recovering the property or attorney fees. The pawnbroker shall hold the property claimed by the claimant upon receiving notice of the claimant's claim until the right to possession is resolved by the parties or by a court of competent jurisdiction.

4. Upon receiving notice from a claimant that property in the possession of the pawnbroker is alleged to be misappropriated from the claimant, the pawnbroker shall investigate the claim. When a pawnbroker determines that the claim is valid, and the property is not subject to a pawn transaction contract, the pawnbroker shall deliver the property to the claimant. When a pawnbroker determines that the claim is valid, and the property is subject to a pawn transaction contract, the pawnbroker shall deliver the property to the claimant upon the termination of the pawn transaction contract, except that if the pledgor of the property subject to a claimant's claim attempts to redeem the property as provided for by the pawn transaction contract, the pawnbroker shall be entitled to collect the amount of the loan and any applicable charges as stated by the pawn transaction contract from the pledgor, and hold the property until the right to possession is resolved by the parties or by a court of competent jurisdiction.

5. When a claimant files a petition alleging that certain property held by a pawnbroker has been misappropriated from the claimant, the pawnbroker has the right to bring the conveying customer of the alleged misappropriated property into that action as a third-party defendant. If after notice to the pawnbroker and an opportunity to add the conveying customer as a defendant, the property held by the pawnbroker is found by a court of competent jurisdiction to be the claimant's property and the property is awarded to the claimant by the court, then:

(1) The prevailing claimant may recover from the pawnbroker the cost of the action, including attorney's fees;

(2) The conveying customer shall be liable to repay the pawnbroker the full amount received from the pawnbroker from the pawn or sales transaction, including all applicable fees and interest charged;

(3) The conveying customer shall be liable to indemnify the pawnbroker for the costs of the action paid by the pawnbroker to the claimant, including attorney's fees; and

(4) The conveying customer shall be liable to pay the pawnbroker for the cost of the action incurred by the pawnbroker in pursuing the procedure described in this section, including attorney's fees.

6. When a purchaser purchases tangible personal property from a pawnbroker and the tangible personal property is later claimed to have been misappropriated and a petition for the return of the property is filed by a claimant in a court of competent jurisdiction and served on the purchaser, the purchaser shall notify the pawnbroker and give the pawnbroker the opportunity to defend against the petition, including the right to bring the conveying customer of the alleged misappropriated property into that action as a third-party defendant. If after notice to the pawnbroker and an opportunity to add the third-party defendant, the property purchased by the purchaser is found by a court of competent jurisdiction to be the claimant's property and the property is awarded to the claimant by the court, then:

(1) The purchaser may recover from the pawnbroker only the money paid by the purchaser to the pawnbroker for the property;

(2) The conveying customer shall be liable to repay the pawnbroker the full amount the conveying customer received from the pawnbroker from the pawn or sales transaction, including all applicable fees and interest charged;

(3) The conveying customer shall be liable to indemnify the pawnbroker for the costs of the action paid by the pawnbroker to the purchaser, including attorney fees; and

(4) The conveying customer shall be liable to pay the pawnbroker the cost of the action incurred by the pawnbroker in pursuing the procedure described in this section, including attorney's fees.

7. The sale or pledge of tangible personal property by any person shall be deemed:

(1) An agreement by the person who sells or pledges that the person shall be subject to the jurisdiction of the courts of this state in all civil actions and proceedings, arising out of the pledge or sale transaction, filed either by a resident or nonresident plaintiff;

(2) An appointment by any nonresident of the secretary of state as the person's lawful attorney and agent upon whom may be served all process in suits pertaining to the actions and proceedings arising out of the pledge or sale; and

(3) An agreement by any nonresident that any process in any suit so served shall be of the same legal force and validity as if personally served in this state.

8. Any title, license or permit for pledged goods shall remain in effect during the period of the pawn transaction and shall remain valid if such pledged goods are redeemed by the pledgor, and shall be voided if the pledged goods are redeemed by someone other than the pledgor or when title to the pledged goods passes to the pawnbroker.

9. When an item of property is the subject of a lease or rental transaction between the claimant and the claimant's lease or rental customer at the time it is delivered into the possession of the pawnbroker, the property shall not be deemed misappropriated unless it bears a conspicuous permanent label or marking identifying it as the claimant's property. Evidence of defacing or the removal of identification marking of leased or rented property shall be treated as marked and identified and therefore deemed to be misappropriated. Property subject to a lease or rental transaction which is not marked as provided in this subsection may be recovered by the claimant upon payment to the pawnbroker of all moneys owing to or advanced by the pawnbroker in the pawn or purchase transaction, including accrued pawn service charges in pawn transactions and upon producing evidence identifying the property as having been the property of the claimant and leased or rented at the time the property was placed in the pawnbroker's possession. The pawnbroker shall be free from liability in connection with the recovery of leased or rental property pursuant to this subsection.

367.045. [A customer is guilty of a class B misdemeanor if such customer fails to repay the pawnbroker the full amount received from the pawn or buy transaction after being officially notified by a peace officer that the goods the customer pledged or sold in the transaction were stolen or embezzled.] 1. When the tangible personal property subject to the pawn or sales transaction has been delivered or awarded to a claimant pursuant to section 367.044, and within ten business days after a written demand for payment and notice is deposited by the pawnbroker as certified or registered mail in the United States mail and addressed to the conveying customer, the conveying customer fails to repay the pawnbroker the full amount incurred by the pawnbroker in connection with such property and the procedure described in section 367.044, the conveying customer shall have committed the crime of fraudulently pledging or selling misappropriated property.

2. Fraudulently pledging or selling property is a class B misdemeanor if the amount received by the conveying customer from the pawnbroker was less than fifty dollars. Fraudulently pledging or selling property is a class A misdemeanor if the amount received by the conveying customer from the pawnbroker was more than fifty dollars and less than one hundred fifty dollars. Fraudulently pledging or selling property is a class C felony if the amount received by the conveying customer from the pawnbroker was one hundred fifty dollars or more.

367.047. 1. [While] Upon written notice from a law enforcement officer indicating that property in the possession of a pawnbroker and subject to a hold order is [in effect] needed for the purpose of furthering a criminal investigation and prosecution, the pawnbroker [may consent to] shall release[, upon written receipt, the stolen or embezzled property] the property subject to the hold order to the custody of the [local] law enforcement [agency to which the peace] officer [placing the hold order is attached] for such purpose and the officer shall provide a written acknowledgement that the property has been released to the officer. The [consent to] release of the [stolen or embezzled] property to the custody of the law enforcement officer shall not be considered a waiver or release of the pawnbroker's property rights or interest in the property. Upon completion of the criminal investigation, the property shall be returned to the pawnbroker who consented to its release; except that if the law enforcement officer has not completed the criminal investigation within one hundred twenty days after its release, the officer shall immediately return the property to the pawnbroker or obtain and furnish to the pawnbroker a warrant for the continued custody of the property.

2. Except as provided in subsection 1 of this section, the pawnbroker shall not release or dispose of the property except pursuant to a court order or the expiration of the holding period of the hold order, including all extensions.

367.048. 1. The prosecuting [attorney's office] attorney or the circuit attorney shall notify the pawnbroker in writing in cases where criminal charges have been filed and the property may be needed as evidence. The notice shall contain the case number, the style of the case and a description of the property.

2. The pawnbroker shall hold such property until receiving notice of the disposition of the case from the prosecuting [attorney's office] attorney or the circuit attorney. The prosecuting [attorney's office] attorney or the circuit attorney shall notify the pawnbroker and claimant in writing within fifteen days of the disposition of the case.

[3. Willful noncompliance by a pawnbroker to a written hold order shall be cause for the pawnbroker's license to either be suspended or revoked. A hold order may be released prior to the expiration of any thirty-day holding period by written release from the agency placing the initial hold order.]

367.050. 1. In addition to any other penalty which may be applicable, any person who operates a pawnshop pursuant to the provisions of sections 367.011 to 367.060, or is required to be licensed pursuant to section 367.043 who willfully violates any provision of sections 367.011 to 367.060 or who willfully makes a false entry in any records specifically required by sections 367.011 to 367.060 shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not in excess of [one] five thousand dollars, [except that] or by confinement in the county jail for not more than six months, or by both such fine and imprisonment. Upon the second conviction of the offense described in this section, in addition to being punishable by fine or imprisonment, the person's pawnshop license shall be permanently revoked; except that there shall be no penalty for a violation resulting from an accidental and bona fide error, where such error is corrected upon discovery.

2. Except as provided in subsection 6 of section 367.043, any person who engages in the business of operating a pawnshop without first securing a license shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not in excess of ten thousand dollars or by confinement in the county jail for not more than one year, or by both such fine and imprisonment. Any person who violates the provisions of this subsection shall be permanently prohibited from securing or holding a valid pawnshop license.

367.051. 1. Upon request of the appropriate law enforcement officer to inspect property that is described in information furnished by the pawnbroker pursuant to subdivisions (1) to (4) of subsection 1 of section 367.031, the appropriate law enforcement officer shall be entitled to inspect the property described, without prior notice or the necessity of obtaining a search warrant during regular business hours in a manner so as to minimize interference with or delay the pawnbroker's business operation. When the appropriate law enforcement officer has probable cause to believe that goods or property in the possession of a pawnbroker are misappropriated, the officer may place a hold order on the property. The hold order shall contain the following:

(1) The name of the pawnbroker;

(2) The name and mailing address of the pawnshop where the property is held;

(3) The name, title and identification number of the law enforcement officer placing the hold order;

(4) The name and address of the agency to which the law enforcement officer is attached and the claim or case number, if any, assigned by the agency to the claim regarding the property;

(5) A complete description of the property to be held including model and serial numbers;

(6) The expiration date of the holding period.

The hold order shall be signed and dated by the issuing officer and signed and dated by the pawnbroker or the pawnbroker's designee as evidence of the hold order's issuance by the officer, receipt by the pawnbroker and the beginning of the initial holding period. The officer issuing the hold order shall provide an executed copy of the hold order to the pawnbroker for the pawnbroker's record keeping purposes at no cost to the pawnbroker.

2. Upon receiving the hold order, and subject to the provisions of section 367.047, the pawnbroker shall retain physical possession of the property subject to the order in a secured area. The initial holding period of the hold order shall not exceed two months, except that the hold order may be extended for up to two successive one-month holding periods upon written notification prior to the expiration of the immediately preceding holding period. A hold order may be released prior to the expiration of any holding period or extension thereof by written release from the agency placing the initial hold order. The initial hold order shall be deemed expired upon the expiration date if the holding period is not extended pursuant to this subsection.

3. Upon the expiration of the initial holding period or any extension thereof, the pawnbroker shall deliver written notice to the law enforcement officer issuing the hold order that such order has expired and that title to the property subject to the hold order will vest in the pawnbroker in ten business days. Title shall vest in the pawnbroker upon the expiration of the ten-day waiting period subject to any restriction contained in the pawn contract and subject to the provisions of section 367.044.

4. In addition to the penalty provisions contained in section 367.050, gross negligence or willful noncompliance with the provisions of this section by a pawnbroker shall be cause for the licensing authority to suspend or revoke the pawnbroker's license. Any imposed suspensions or revocation provided for by this subsection may be appealed by the pawnbroker to the licensing authority or to a court of competent jurisdiction.

5. A county or municipality may enact orders or ordinances to license or regulate the operations of pawnbrokers which are consistent with and not more restrictive than the provisions of sections 367.044 to 367.051.

6. All records or information reported to law enforcement officials pursuant to sections 367.011 to 367.051 shall be deemed confidential and shall be used by such appropriate law enforcement officials only for the purpose of investigation and prosecution of crimes.

477.087. 1. The official station of each judge of the supreme court and court of appeals may be the locus of the court of which the judge is a member or any circuit court county courthouse located where the judge maintains an actual abode in which the judge customarily lives or at any other office in that county.

2. The presiding judge of the judicial circuit in which a judge of the supreme court or court of appeals has his official station may provide suitable office space, if available, upon request by a judge of the supreme court or court of appeals for use by the judge and the judge's staff personnel.

3. Each judge of the supreme court and court of appeals, upon appointment and from time to time thereafter as changes occur, shall notify the state courts administrator in writing of the judge's official station, if other than the city of the locus of the court of which the judge is a member.

4. Judges of the supreme court and court of appeals and their staff shall [not] be entitled to any state allowances for official travel and mileage to or from their official station and the locus of the court on which the judge sits.

478.268. 1. Notwithstanding the provisions of section 478.265, [on and after January 2, 1997,] in the [thirtieth] thirty-first judicial circuit, the circuit court en banc may appoint one person, who shall possess the same qualifications as a circuit judge, to act as commissioner of the probate division of the circuit court. The commissioner shall be appointed for a term of four years. The compensation of the commissioner shall be the same as that of an associate circuit judge, payable in the same manner and from the same source as the compensation of the associate circuit judge. Subject to approval or rejection by the judge of the probate division, the commissioner shall have all the powers and duties of the judge. The judge shall by order of record reject or confirm all orders, judgments and decrees of the commissioner within the time the judge could set aside such orders, judgments or decrees had the same been made by such judge. If so confirmed, the orders, judgments and decrees shall have the same effect as if made by the judge on the date of their confirmation.

2. Notwithstanding the provisions of subsection 2 of section 478.464, the position of associate judge in division 33 of the sixteenth judicial circuit shall be established on the effective date of this act.

494.425. The following persons shall be disqualified from serving as a petit or grand juror:

(1) Any person who is less than [twenty-one] eighteen years of age;

(2) Any person not a citizen of the United States;

(3) Any person not a resident of the county or city not within a county served by the court issuing the summons;

(4) Any person who has been convicted of a felony, unless such person has been restored to [his] such person's civil rights;

(5) Any person unable to read, speak and understand the English language;

(6) Any person on active duty in the armed forces of the United States or any member of the organized militia on active duty under order of the governor;

(7) Any licensed attorney at law;

(8) Any judge of a court of record;

(9) Any person who, in the judgment of the court or the board of jury commissioners, is incapable of performing the duties of a juror because of mental or physical illness or infirmity.

512.050. When an appeal is permitted by law from a trial court and within the time prescribed, a party or his agent may appeal from a judgment or order by filing with the clerk of the trial court a notice of appeal. No such appeal shall be effective unless the notice of appeal shall be filed not later than ten days after the judgment or order appealed from becomes final [and]. All charges due to the court reporter for preparation of the transcript of the record of the trial court [are] shall be paid within ten days of the [filing of the notice of appeal] ordering of the transcript. In the event that actual charges due for the preparation of the transcript cannot be readily determined, a deposit in the amount of the estimated charges due for preparation of the transcript shall be paid within ten days of the [filing of the notice of appeal] written notification by the court reporter of the amount of such estimated charges. The court reporter shall provide such written notification within ten days of any request for transcript. After a timely filing of such notice of appeal, failure of the appellant to take any of the further steps to secure the review of the judgment or order appealed from does not affect the validity of the appeal, but is ground for such action as the appellate court deems appropriate, which may include dismissal of the appeal. [The docket fee of ten dollars in the appellate court shall be deposited with the clerk of the trial court at the time of filing the notice of appeal.]

528.010. Whenever under or through any deed, conveyance or will, heretofore or hereafter made, an estate for life, or a conditional or contingent or other estate of uncertain vesting or duration is created, or provided for in lands with remainder over or reversion, whether absolute, contingent or conditional, or an estate in lands is created, or provided for, to commence or to vest in the future, either absolute, contingent or conditional, any person or persons holding the estate or an interest in the estate, carrying the right of immediate use and enjoyment of such lands, may sue in equity for sale of such lands or any of the same upon the ground that the life or other estate of immediate enjoyment is burdensome and unprofitable or that the cost of paying the taxes and assessments thereon and holding, maintaining, caring for and preserving the lands from waste, or injury, and deterioration, exceeds the reasonable value of the rents and profits thereof, and that a greater income can probably be had from proceeds of a sale thereof invested in bonds of the United States or of Missouri or some municipality or school district thereof or first lien mortgage loans upon lands situate in this state; and if upon trial of such case the court finds the allegations of the petition in such suit to be true it shall order, adjudge and decree that sale of such lands in partition shall be made in the same manner as other sales of lands not susceptible of division in kind, are or may be by law provided to be made; and, the sale proceeds, after paying the costs and expenses of the suit and sale therefrom and the commuted value of any estate as may be commutable and so requested to be by the owner or owners thereof, as in other suits in partition, [the court shall administer and cause to be invested in securities of the kind and character aforesaid] shall be invested and administered by the circuit clerk as directed by the court, in the court's discretion, as a trust fund for the parties in interest and persons who may become such and the income to accumulate or be distributed according to the respective estates of the parties interested or who may become interested therein.

542.276. 1. Any peace officer or prosecuting attorney may make application under section 542.271 for the issuance of a search warrant.

2. The application shall:

(1) Be in writing, except as provided in this section;

(2) State the time and date of the making of the application;

(3) Identify the property, article, material, substance or person which is to be searched for and seized, in sufficient detail and particularity that the officer executing the warrant can readily ascertain it;

(4) Identify the person, place, or thing which is to be searched, in sufficient detail and particularity that the officer executing the warrant can readily ascertain whom or what [he] the officer is to search;

(5) State facts sufficient to show probable cause for the issuance of a search warrant;

(6) Be verified by the oath or affirmation of the applicant;

(7) Be filed in the proper court;

(8) Be signed or verbally authorized pursuant to this section for telephonic search warrants by the prosecuting attorney of the county where the search is to take place, or [his] the prosecuting attorney's designated assistant.

3. The application may be supplemented by a written affidavit verified by oath or affirmation.

4. In lieu of, or in addition to, a written application, affidavit, or affidavits, as provided in this section, the prosecuting attorney may give voice authorization to the applicant to affix the prosecutor's signature at the conclusion of an oral application recorded and preserved pursuant to the procedures of this section. After the prosecutor's signature has been affixed, the applicant shall contact the judge who may take an oral statement under oath which shall be recorded on tape, wire or other comparable method by the peace officer or transmitted by a facsimile. Such statement may be given in person to the judge or by telephone, radio or other means of electronic communication including a facsimile transmission. Such statement shall be deemed to be an application and an affidavit for the purposes of issuance of a search warrant. In such cases if a recording of the sworn statement has been made, the judge shall direct that the statement be transcribed, and certified by the peace officer, and filed with the court. Such affidavit shall be considered in determining whether there is probable cause for the issuance of a search warrant and in filling out any deficiencies in the description of the person, place, or thing to be searched or of the property, article, material, substance, or person to be seized. [Oral testimony shall not be considered.] To ensure uniformity in making applications for search warrant by wire or other comparable method or by transmission by facsimile, the forms for the application and affidavit for a telephonic search warrant and the duplicate original search warrant shall be substantially as follows:

APPLICATION FOR TELEPHONE SEARCH WARRANT

Prosecuting Attorney: Hello.

Officer: This is ......... of the ............... . I am calling you on ......... .(date) with officer ................ . standing by as a witness. The time now is .... . I am calling with an application for a telephonic search warrant and have just, probable and reasonable cause to believe that there is now in the possession of ...........................................

On the premises located at .................................. .

Which consists of ............................................ .

In the vehicle described as ..................................,

The following property, to wit: .................................

.............................................................. .

Together with other fruits, instrumentalities and evidence of the crime(s) of .................................................. .

As set forth in this affidavit. That I, .......................

your affiant, am a peace officer in the State of Missouri, employed by ................................................... .

I have been a police officer for .... years, and have the following special training and experience: ......................

............................................................... .

I am investigating the crime(s) of ..............................

.................................................................

which I believe to have been committed on the ..... day of ...., 19 ....., in .................................................,

based upon the following reasons:

................................................................

.............................................................. .

I believe that the property I described earlier in this affidavit is evidence of ..................................................

.............................................................. .

For the following reasons:

................................................................

.............................................................. .

I believe the property I previously described in this application is presently:

[ ] On the premises located at ............................

.............................................................. .

[ ] Which consists of ....................................

.............................................................. .

[ ] On the person of .................................... .

[ ] In the vehicle described as ......................... .

My belief that the property is presently at these locations is based upon the following reasons:

................................................................

.............................................................. .

That based on the preceding facts, I, ........................... request that a telephonic search warrant be issued. I, also, request that you consider this application and incorporate it into the warrant itself. This concludes my application.

Mr./Madame Prosecutor, do I have permission to sign your name?

Prosecutor: (Await Prosecutor's reply)

Officer: I am signing my name, ................, Date ........., Time ......., beneath yours, and I will also have officer ....... ........ sign as a witness.

AFFIDAVIT FOR TELEPHONE SEARCH WARRANT

Judge: Hello.

Officer: Judge.................................., this is officer ..................., of the ....................... Will you swear me in, please?

Judge: (The judge swears the officer in.)

Officer: This is .......................... of the .............. ...... . I am calling you on ...............(date) with officer .................. standing by as a witness. The time now is ............ . At ..... hours, Prosecutor ................ authorized me to affix the prosecutor's signature to an application for search warrant in ........... County. I have recorded that call and am including it in as a reference. I am calling for a telephonic search warrant and have just, probable and reasonable cause to believe that there is now in the possession of ........................ .

On the premises located at .....................................

.............................................................. .

Which consists of .............................................

.............................................................. .

In the vehicle described as ...................................,

The following property, to wit: ...............................

................................................................

.............................................................. .

Together with other fruits, instrumentalities and evidence of the crime(s) of ................................................... .

As set forth in this affidavit. That I, .......................,

your affiant, am a peace officer in the State of Missouri, employed by .................................................. .

I have been a police officer for .......... years, and have the following special training and experience: ......................

............................................................... .

I am investigating the crime(s) of ..............................

.................................................................

which I believe to have been committed on the ....... day of .... .........., 19 .... , in ...................., based upon the following reasons:

.................................................................

............................................................... .

I believe that the property I described earlier in this affidavit is evidence of ..................................................

............................................................... .

For the following reasons:

.................................................................

.............................................................. .

I believe the property I previously described in this affidavit is presently:

[ ] On the premises located at ............................

............................................................... .

[ ] Which consists of .....................................

............................................................... .

[ ] On the person of .................................... .

[ ] In the vehicle described as ......................... .

My belief that the property is presently at these locations is based upon the following reasons:

.................................................................

............................................................... .

That based on the preceding facts, I, ...........................

request that a telephonic search warrant be issued. I, also, request that you consider this affidavit and incorporate it into the warrant itself. This concludes my affidavit, your honor.

Judge: (Await Judge's reply)

Officer: I will now read verbatim to you the standard Missouri duplicate original search warrant, State of Missouri, indicating which spaces I have completed and which ones I have left blank.

STANDARD MISSOURI DUPLICATE ORIGINAL SEARCH WARRANT

STATE OF MISSOURI

No. ..............

COUNTY OF.................................., STATE OF MISSOURI

To any peace officer in the State of Missouri:

Proof by affidavit having been made this day before me by ................, I am satisfied that there is probable cause to believe that:

[ ] On the person(s) of ...................................

............................................................... .

[ ] On the premises known as ..............................

............................................................... .

[ ] In the vehicle(s) described as ........................

.................................................................

in the City of ................... , County of ................., State of Missouri, there is now being possessed or concealed certain property or things described as:

.................................................................

.................................................................

which property or things:

[ ] Were stolen or embezzled

[ ] Were used as a means for committing a public offense

[ ] Is being possessed with the intent to use it as a means of committing a public offense

[ ] Are in the possession of ................................................................................................. to whom it was delivered for the purpose of concealing it or preventing it from being discovered.

[ ] Consists of any item or constitutes any evidence which tends to show that a public offense has been committed, such being more fully described in the affidavit, to wit: ............

.................................................................

which offense occurred on or about the ......... day of ........, 19 ...., in .............. .

YOU ARE THEREFORE COMMANDED:

To make a search of the above-named or described person(s), premises and vehicles for the hereinabove described property or things, and if you find the same or any part thereof, to retain such in your custody or in the custody of the agency you represent, as provided in chapter 542, RSMo.

Return this warrant to me within ten (10) days of the date thereof, as directed by section 542.276, RSMo.

Given under my hand and dated this ................ day of .........,

19 .... .

.........................

Judge

of ............. . Court

Officer: That concludes the reading of the standard Missouri duplicate search warrant. Do I have your permission to sign your name?

Judge: (Reply)

Officer: I am signing my name, ..................., Date ..... , Time ...., beneath yours, and I will also have officer ...................... . sign as a witness.

[4.] 5. The judge shall [hold a nonadversary hearing to] determine whether sufficient facts have been stated to justify the issuance of a search warrant. If it appears from the application and any supporting affidavit that there is probable cause to believe that property, article, material, substance, or person subject to seizure is on the person or at the place or in the thing described, a search warrant shall immediately be issued. In the case of a telephonic search warrant, the judge shall give voice authorization to the applicant to affix the judge's signature at the conclusion of an oral affidavit presented according to the provisions of this section. The warrant shall be issued in the form of an original and two copies. The warrant or the judge's signature authorizing a warrant may be transmitted by a facsimile machine.

[5.] 6. The application and any supporting affidavit and a copy of the warrant shall be retained in the records of the court from which the warrant was issued.

[6.] 7. The search warrant shall:

(1) Be in writing and in the name of the state of Missouri;

(2) Be directed to any peace officer in the state;

(3) State the time and date the warrant is issued;

(4) Identify the property, article, material, substance or person which is to be searched for and seized, in sufficient detail and particularity that the officer executing the warrant can readily ascertain it;

(5) Identify the person, place, or thing which is to be searched, in sufficient detail and particularity that the officer executing the warrant can readily ascertain whom or what [he] the officer is to search;

(6) Command that the described person, place, or thing be searched and that any of the described property, article, material, substance, or person found thereon or therein be seized or photographed or copied and be returned, or the photograph or copy be brought, within ten days after filing of the application, to the judge who issued the warrant, to be dealt with according to law;

(7) Be signed by the judge, with [his] the judge's title of office indicated. The judge may orally authorize a peace officer to sign the judge's name on a search warrant if the peace officer applying for the warrant is not in the actual physical presence of the judge or the judge may transmit the judge's signature by a facsimile machine. Such warrant shall be called a duplicate original search warrant and shall be deemed a search warrant for the purposes of sections 542.261 to 542.296. In such cases, the judge shall cause to be issued an original search warrant docket number and shall enter the exact time of issuance of the duplicate original warrant in the court record. The officer shall present a verbatim transcription of the recorded application, affidavit and duplicate original search warrant to the issuing judge within forty-eight hours along with the original recording. The judge may retain the recording in the care and custody of the court or may direct the peace officer to preserve the recording as evidence in the custody of the law enforcement agency. Upon the return of the duplicate original warrant, the judge shall cause it to be filed under the issued docket number as a duplicate original search warrant.

[7.] 8. A search warrant issued under this section may be executed only by a peace officer. The warrant shall be executed by conducting the search and seizure commanded.

[8.] 9. A search warrant shall be executed as soon as practicable and shall expire if it is not executed and the return made within ten days after the date of the making of the application.

[9.] 10. After execution of the search warrant, the warrant with a return thereon, signed by the officer making the search, shall be delivered to the judge who issued the warrant. The return shall show the date and manner of execution, what was seized, and the name of the possessor and of the owner, when [he] the possessor is not the same person as the owner, if known. The return shall be accompanied by a copy of the itemized receipt required by subsection 6 of section 542.291. The judge or clerk shall, upon request, deliver a copy of such receipt to the person from whose possession the property was taken and to the applicant for the warrant.

[10.] 11. A search warrant shall be deemed invalid:

     (1) If it was not issued by a judge; or

     (2) Except as provided in this section, if it was issued without a written application having been filed and verified; or

     (3) If it was issued without probable cause; or

     (4) If it was not issued in the proper county; or

     (5) If it does not describe the person, place, or thing to be searched or the property, article, material, substance, or person to be seized with sufficient certainty; or

     (6) Except as provided in subsection 7 of this section, if it is not signed by the judge who issued it; or

     (7) If it was not executed within the time prescribed by subsection 8 of this section.

     Section 1. 1. In any civil case triable before a jury in the twenty-second judicial circuit consisting of the city of St. Louis, there shall be assessed as costs the sum of two hundred dollars when a jury panel appears for the beginning of a trial.

     2. Upon application by any party, the judge may waive the assessment of this cost.

     3. All costs collected pursuant to this section shall be used to supplement transportation costs for jurors on public conveyances as deemed acceptable in a plan submitted by the jury commissioner, circuit clerk and sheriff for the city of St. Louis and approved by the twenty-second judicial circuit en banc.

     4. Nothing in this section shall be interpreted to deprive any person of the right to trial by jury because of the inability of such person to pay this cost.

     Section 2. 1. Any person licensed by a county or municipality pursuant to chapter 367, RSMo, may make personal credit loans on unencumbered personal property the ownership of which is evidenced and delineated by a state-issued certificate of title. The lender shall retain physical possession of the certificate of title for the entire length of the transaction, but shall not be required to retain physical possession of the titled personal property at any time. A lender making a title pledge loan may only hold unencumbered certificates of title for pledge. Such loans shall be evidenced by a title pledge agreement which is hereby defined as a thirty-day written agreement whereby a lender agrees to make a loan of money to a pledgor, and the pledgor agrees to give the lender a security interest in unencumbered titled personal property owned by the pledgor.

     2. The pledgor shall agree for the lender to keep possession of the certificate of title. The pledgor shall have the exclusive right to redeem the certificate of title by repaying the loan of money in full and by complying with the title pledge agreement. When the certificate of title is redeemed, the lender shall release the security interest in the titled personal property and return the personal property certificate of title to the pledgor. When the pledgor fails to redeem the certificate of title pursuant to the terms and conditions of the title pledge agreement or renew such agreement, the agreement shall be deemed to be expired. Upon such expiration, the lender shall be allowed to take possession of the titled personal property.

     3. The maximum rate of interest that a lender shall contract for and receive for making and carrying any personal credit loan authorized by this section shall not exceed two percent per month on the amount of such loan. Lenders may also charge, contract for, and receive a fee mutually agreed upon by the parties, which shall not be deemed interest to defray the ordinary costs of operations. Such fee may include the lenders cost for investigating the title, appraising the titled personal property, insuring the personal property, documenting and closing the title pledge transaction, and for all other services and costs of the lender including losses on title pledge transactions. Such interest and fees shall be deemed to be earned, due and owing as of the date of the title pledge agreement and on the date of any subsequent renewal thereof.