SB 420 Modifies numerous provisions regarding judicial procedures and personnel
Sponsor: Mayer
LR Number: 1373S.10T Fiscal Note: 1373-04
Committee: Judiciary and Civil & Criminal Jurisprudence
Last Action: 7/13/2005 - Signed by Governor Journal Page:
Title: CCS HCS SCS SBs 420 & 344 Calendar Position:
Effective Date: August 28, 2005
House Handler: Byrd

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Current Bill Summary


CCS/HCS/SCS/SBs 420 & 344 - This act modifies numerous provisions regarding judicial procedures and personnel.

HEALTH PROFESSIONALS - Section 44.045 - Health care professionals who volunteer to be deployed in a state emergency may be deployed and otherwise confidential contact information may be released to facilitate such deployment. This provision is similar to HB 85 (2005).

STATE LEGAL EXPENSE FUND - 105.711 and 105.726 - Adds health care providers under contract with a county jail to prison services to patients and inmates to coverage from fund. For claims against officers and employees of the state, the fund shall be liable for economic damages and up to $350,000 for noneconomic damages. The noneconomic damage cap is shall be adjusted annually based on certain indexes. If payment is made from the fund, such payment shall be the exclusive remedy for the claimant. Exempts the police boards of Kansas City and St. Louis City from coverage under the fund, except that the fund shall reimburse such police boards for liability claims otherwise eligible for payment from the fund up to $1 million. The attorney general is responsible for establishing procedures for the representation of such police boards and the compensation to be paid by the board for such representation. These provisions are similar to SCS/SB 220 (2005).

PRIVATE CHILDREN SERVICES LIABILITY - 210.116 - A private contractor with the children's division that provides services to children and their families will receive the same immunity from civil liability as the division. The immunity will not apply to a private contractor if the contractor knowingly violates policies or rules of the division or any state law relating to child abuse. This provision is similar to SB 376 (2005).

CHILD PROTECTION - 210.117, 211.038 and 211.181 - This act prohibits a child, who has been taken into the custody of the state or the jurisdiction of a juvenile court, from being reunited with a parent or being placed back in the home in which the parent or any person living in the home has been found guilty or plead guilty to certain sexual offenses or offenses against the family when a child was the victim. The Child Support Division may exercise discretion in the placement of a child in a home with a parent when the parent or person living in the home has been found guilty or plead guilty for similar offenses in another state. A juvenile court cannot place a juvenile sex offender in a home within 1000 feet of the victim until the victim reaches 18 years of age. The act prohibits a minor from residing within a certain distance of a child abused by the minor. These provisions are similar to HCS#2/HB 568 (2005).

SAFE PLACE FOR NEWBORNS - 210.950 - Extends the affirmative defense to prosecution for voluntary relinquishment of a child no more than one year old. Currently, the child must be between six and thirty days old.

ALTERNATIVE SENTENCING - 217.860 - Establishes the Task Force on Alternative Sentencing within the Department of Corrections and provides that the primary duty of the task force is to develop a statewide plan for alternative sentencing programs. This provision is similar to HB 813 (2005).

TRANSPORTATION DISTRICT - 238.216 - Requires a verified petition to be submitted in order to form a transportation district. This provision is similar to SB 421 (2005).

CHILD SUPPORT - 452.340 - Authorizes a court to enter a judgment abating child support one time for a period of up to five months for any semester in which a child completes at least six but less than 12 credit hours when a child has pursued a path of continuous attendance at an institution of higher learning and has demonstrated evidence of a plan to continue the attendance. This provision is similar to HB 694 (2005). Further, the act changes the review of the child support guidelines from every three years to every four years. This provision is similar to HB 719 (2005).

ORDERS OF PROTECTION - 455.516 and 455.524 - The act provides that child orders of protection may be issued for at least 180 days and up to one year. Further, the court shall retain jurisdiction over a full order of protection for a child for the duration of the order and allows the court to schedule compliance review hearings to monitor compliance with the order.

NONPROBATE TRANSFERS - 461.005 - This act states that the term "owner" when used to define a person having a right to create a beneficiary deed shall include any such person, regardless of the terminology used to refer to the owner in the deed. This act will apply to all beneficiary deeds, including those executed prior to August 28, 2005. This provision is similar to SCS/SB 407 (2005).

PROBATE JUDGES - 472.060 and 478.255 - Applies current replacement procedures to disqualified probate judges. This provision is similar to HB 764 (2005).

JUDICIAL CIRCUITS - 478.550, 478.570 and 478.600 - The act increases the number of circuit judges in the 11th and 23rd judicial circuits from 4 to 6 beginning January 1, 2007. The family court and drug court commissioner positions in those circuits shall become associate circuit judge positions beginning on January 1, 2007. Further, there will be one additional associate circuit judge in Cass County beginning January 1, 2007. This provision is similar to SS/SCS/SB 144 and SB 191 (2005).

PASSPORT FEES - 483.537 - The act requires clerks who process passport applications and collect a fee for the processing to account for the expenditure of the fee in an annual report to the presiding judge and the Office of State Courts Administrator. The fees may only be used for the maintenance of the courthouse or to fund operations of the circuit court.

NOTARY PUBLIC - 486.200 - Adds attorneys licensed to practice law in this state to the definition of "notary public".

COURT COSTS - Various sections in chapter 488 - No court in this state that is authorized to collect court costs is required to refund any overpayment of less than $5 or collect any due court costs of less than $5. The circuit court may retain any overpayment for operation of the circuit court. The act removes an effective date for a municipality or county to enact an ordinance to impose a domestic violence shelter surcharge on marriage licenses and civil cases filed in circuit court. Currently, such ordinance had to be in effect prior to January 1, 2001. For any county or city with a domestic violence shelter or whose residents are in a shelter located in another county, the domestic violence shelter surcharge may be assessed in any criminal case, including violations of any county or municipal ordinance. The act authorizes a circuit court to contract with a private entity operated under a contract with a state agency or the office of state courts administrator. These provisions are similar to HCS/SB 404 (2005).

JURY DUTY - 494.430 and 494.432 - Health care providers and employees of religious institutions may be excused from jury duty upon timely application to the court. Courts must specify the date a prospective juror will appear for jury service before granting a postponement. These provisions are identical to HCS/SB 405 (2005).

STATUTE OF LIMITATIONS - 516.030 - An action for prevailing wages by a workman must be brought within three years.

UNLAWFUL DETAINER ACTIONS - 534.090 - The service of summons in an unlawful detainer action will be delivered by ordinary, rather than certified, mail. If the officer assigned to execute the summons returns to the court with information that the defendant cannot be found and with proof by affidavit that the summons was mailed, the judge will proceed to hear the matter as if personal service had been made.

REMOVAL OF DEFENDANTS - 545.550 - Sheriffs are authorized agree as to which county will house a defendant after a change of venue. This provision is identical to one in SB 448 (2005) and HCS/HB 353 (2005).

CIVIL ACTION FOR PASSING BAD CHECKS - 570.123 - Currently, any person bringing a civil action against a person who passes a bad check may be entitled to attorney fees. This act provides that such person may be liable for "reasonable" attorney fees.

PERSONAL INFORMATION ON THE INTERNET - Section 1 - The act prohibits a court or a state or local agency from releasing personal information of certain elected and appointed officials on the Internet. It shall be a class C misdemeanor if any person knowingly posts personal information on such officials on the internet.

PRACTICE OF LAW - Section 2 - Banks or lending institutions that make residential loans and impose a fee of less than $200 for processing the application shall not be considered as engaged in the practice of law.

29th JUDICIAL CIRCUIT - Section 3 - The act creates a state-funded family court commissioner position in the 29th judicial circuit.

42nd JUDICIAL CIRCUIT - Section 4 - The act creates a state-funded drug court commissioner position in the 42nd judicial circuit.

23rd JUDICIAL CIRCUIT - Section 5 - Any drug court commissioner appointed in the 23rd judicial circuit will be a state-funded position.

JIM ERTLE