CCS/HCS/SCS/SB 56 - This act makes various changes to criminal procedure.

PROCEEDINGS INVOLVING MENTAL FITNESS OF DEFENDANT: A judge shall determine whether a person lacks mental fitness to proceed and may impanel a six person jury to assist in such determination. The defendant has the burden of proving, by a preponderance of evidence, that he does not have the mental fitness to proceed. A prosecuting attorney may appeal a court determination that a defendant lacks mental capacity to proceed to trial. If the issue of mental capacity is raised after a jury has been impaneled to consider a not guilty plea, and the court determines that the accused lacks mental capacity to proceed, the court may declare a mistrial.

Criminal charges against an individual lacking mental fitness to be tried shall not be dismissed until guardianship or civil commitment proceedings have been filed under Chapter 475 or 632, RSMo, and the court finds that the individual should be appointed a guardian or committed. Under current law, charges are dismissed against such individual unless guardianship or civil commitment proceedings have been filed. Any charges dismissed shall be dismissed without prejudice and may be refiled. The statute of limitations for bringing a criminal action against an individual lacking mental fitness to be tried shall be tolled during the period of the individual's incapacity. This portion of the act is similar to SB 54.

SEXUAL MISCONDUCT INVOLVING A CHILD: A person commits the crime of sexual misconduct involving a child if such person commits any of the following acts: 1) Knowingly exposes his genitals to a child under age fourteen in a manner that would cause an adult to believe such conduct would offend a child; 2) Knowing exposes his genitals to such child to sexually arouse any other person, including the child; or 3) Coerces such child to expose the child's genitals for the purpose of sexually arousing any person, including the child. The term "sexual act" is defined.

Sexual misconduct involving a child is a Class D felony for a first offense and a Class C felony for a second or subsequent offense. This portion of the act is similar to SB 236 and HB 27.

AVAILABILITY OF SEX OFFENDER INFORMATION: A local law enforcement agency shall provide a complete list of names and addresses of each registered sex offender to any person upon request.

CHILD ABUSE: Child abuse is a Class C felony unless severe emotional injury is inflicted (Class B felony and current law) or the child dies as a result of injuries sustained. In the latter case, child abuse is a Class A felony.

PRISONER LITIGATION REFORM ACT: An offender that brings a civil action shall pay the full filing fee unless such offender shows that he is indigent. If an offender is unable to pay such fee, the court shall assess a partial payment of such fee. If an offender makes a partial payment, the offender shall make monthly payments of 20% of the preceding month's income until the fees are paid in full.

The court shall dismiss an offender's action if it finds any of the following: 1) the offender is not indigent; 2) the litigation is frivolous; or 3) the defendant is immune from the cause of action. If the court finds a claim to be frivolous, the court may order the offender to pay attorneys' fees and court costs.

An offender may not bring a civil action, except an action relating to a constitutional deprivation, until all administrative remedies are exhausted.

Monetary damages awarded to an offender shall first be paid to satisfy costs of incarceration of such offender and any victim's compensation.

OTHER CRIMINAL PROCEDURES: A person who pleads guilty or is convicted and wants to challenge the constitutionality of his conviction or sentence shall follow the provisions of Sections 12 and 14 of this act.

SECTIONS 13 & 15 - DEATH PENALTY CASES: When a defendant challenges a death sentence pursuant to Supreme Court Rule 24.035 (guilty plea) or Rule 29.15 (trial), the court shall find whether a defendant is indigent. If the defendant is indigent, two attorneys shall be appointed. If the defendant refuses counsel, the court enter an order in which it: 1) appoints counsel because defendant is indigent or unable to choose counsel in a competent manner; or 2) declines to appoint counsel after the defendant refuses counsel with an understanding of the legal consequences of doing so.

Attorneys representing defendants in death penalty appeals must meet certain training and practice requirements. If an attorney is appointed to represent an indigent defendant, the Public Defender shall reimburse counsel for litigation costs and fees.

No attorney who represented the defendant at trial shall represent the defendant on appeal.

Sections 12 to 15 of this act are nearly identical to the Supreme Court Rules amended by SCS/SB 56.

JAMES KLAHR