SB 248 - Perfected Summary
- Perfected -

SS/SB 248 - This act makes various revisions to the Court Costs Bill (SB 869) passed in 1996 and includes other provisions relating to civil and criminal actions.

DRIVING OFFENSES: The Highway Patrol may direct that a court forward a conviction of a driving violation to the Department of Revenue.

Court fees for driving offenses and fish and game violations shall be reduced from twenty-five dollars to ten dollars.

BAIL BONDSMEN: If a court orders a bail bond agent to pay for the forfeiture of any bond and such payment is not made, the court shall notify the Department of Insurance and the Department may act against the license of the agent. The Department shall furnish each circuit court with a list of agents in good standing.

COURTS: Municipal divisions of circuit courts shall not be considered courts of record. Any municipal court may automate if it passes an ordinance imposing a surcharge for automation and enters an agreement with the State Courts Administrator to automate.

Until the Supreme Court adopts a rule for disbursement of court fees, each Circuit Clerk shall disburse such costs as follows: 1) 80% of such fees shall be paid to General Revenue; and 2) 20% of such fees shall be paid into the County Treasury.

The Statewide Court Automation Fund may accept gifts, bequests and grants in addition to court fees. The fund shall remain in effect until September 1, 2007. The total of adjusted fees payable to the state shall not exceed 104% of fees collected in the previous year.

A fund is created to provide training and education for judicial personnel. Moneys shall be transferred into this fund pursuant to appropriations.

Court marshals may carry firearms while on duty pursuant to Supreme Court Rules. Marshals shall have arrest powers to ensure the security of their courts.

A pleading must be attributed to, but not necessarily signed by, an attorney pursuant to Supreme Court Rule.

The provision which specifies that a probation revocation hearing is an independent proceeding is removed.

The makeup of the Judicial Resources Commission is revised to include at least one member of a county of the third classification, one member from a county of the first classification, and one member from a county of any classification.

Any Supreme Court Administrative Rule that conflicts with a statute shall be void and unenforceable (see SB 404).

APPEALS: A transcript fee must be paid within ten days after the court reporter's estimate of charges is sent. Under current law, such fee must be paid within ten days after filing the notice of appeal.

CRIME VICTIMS: Section 595.045, RSMo 1996, as amended by SB 769, is removed so the provisions of Section 595.045, RSMo 1996, as amended in SB 869, will apply.

EMERGENCY CLAUSE: The repeal of certain sections, the repeal and reenactment of those same sections as amended in SB 869, and the repeal of Section 595.045, RSMo 1996, as amended in SB 769, shall become effective on July 1 or upon signature by the Governor, whichever occurs later.

JAMES KLAHR